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Home My WebLink AboutCC AG PKT 2014-08-11 #E AGENDA STAFF REPORT 41FORN�f DATE: August 11, 2014 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Sean P. Crumby P.E., Director of Public Works SUBJECT: ADOPTION OF EMERGENCY WATER CONSERVATION MEASURES SUMMARY OF REQUEST: That the City Council adopt Resolution No. 6498 implementing Phase 1 Emergency Water Conservation Measures with the exception of subsection G as outlined in Seal Beach Municipal Code Section 9.35.150. BACKGROUND AND ANALYSIS: California is in the midst of one of the longest periods of drought in recorded history. As a result, the Governor declared a Water State of Emergency for the entire State on January 17, 2014. Within that declaration the Governor requested that all water consumers within the State voluntarily reduce their water consumption by 20%. Since that time, water consumption statewide has only been reduced by approximately 5%. As a result, the State Water Resources Control Board (SWRCB) has implemented mandatory statewide water conservation measures which apply to water purveyors and consumers. In 2009, the City of Seal Beach adopted a water conservation ordinance (Ordinance 1586 — Municipal Code 9.35). The ordinance implemented several immediate mandatory water conservation measures which include: • Leak repairs on indoor and outdoor plumbing must be completed within seven days of discovery; • Eliminate irrigation water run-off from landscaped areas onto sidewalks and streets; • Prohibition of irrigating between 9 a.m. and 5 p.m.; • Limit irrigation duration to less than 15 minutes per station; • Restaurants shall only offer water service to customers upon request; • Decorative water fountains and features shall only use water re-circulating systems, • No installation of single pass cooling systems in connection with new water services; Agenda Item E • No installation of non-re-circulating commercial car wash and laundry systems; and • Handheld water buckets or hoses equipped with positive shut-off nozzles may only be used to wash vehicles and equipment. In addition, the ordinance provides additional options to further reduce water consumption in the event of an extended drought. Those options are divided into three escalating phases which increase the severity of restrictions with each successive phase and are implemented by a resolution of the City Council. The phases are designed to be implemented on a temporary basis as conditions warrant. On July 15, 2014 the SWRCB approved Resolution Number 2014-0038 ordering all retail water agencies to implement and enforce their adopted water conservation measures along with additional requirements. These requirements include limiting outdoor irrigation to three days per week as well as implementing one or more of the City's phased restriction measures. To that end, staff has developed the following action plan that complies with the SWRCB order of July 15, 2014, and will help facilitate a reduction in water consumption in Seal Beach: • Public education and outreach campaign • Utilize consultant services to supplement City staff resources and provide water inspection and enforcement services • Adoption of the attached Emergency Water Conservation Resolution Phase 1 restrictions • Limit outdoor water uses to three days per week Public Education and Outreach Staff will utilize various resources to communicate with the public regarding the drought situation and measures the public can implement to personally reduce water consumption. The outreach will also include educating the public as to the City's newly implemented restrictions and enforcement efforts, Staff anticipates utilizing for this effort: • Press releases to local and regional newspapers • SBTV-3 • Bus bench and shelter advertising • City recreation guide • Presentation at City Council meeting • Water billing inserts • City educational booth at public events Inspection and Enforcement Staff proposes to utilize the services of an existing City consultant who currently provides storm water inspection services to supplement staff resources and provide inspection and enforcement services. Staff anticipates the consultant will need to provide 20 hours of inspection and enforcement assistance per week. The proposed scope of work includes educating violators on the mandatory Page 2 restrictions when discovered and providing follow-up site visits thereafter. Per the City's municipal code, the penalties that will be implemented through this enforcement action include a written notice for the first violation, a 15% waste surcharge added to the violator's water bill for the second violation, and the installation of a water restriction device on violators' water meters for any successive violations. Should the City Council elect to adopt this resolution, staff anticipates the consultant shall begin providing these services on August 12, 2014. Enforcement Strategy The proposed enforcement strategy includes a 90-day public outreach and education campaign as noted above. Traditionally, the City's response to these issues has been complaint-driven. However, the State is now requiring more active inspection and enforcement of water restrictions and all agencies will now be required to submit monthly reports of its inspection and enforcement activities. Failure to comply with the State's order can result in fines to the City of $10,000 per day per violation. During the 90-day outreach period inspectors will canvass the City looking for violations and will result in educating violators of the current drought situation and recently implemented restrictions. Subsequent to this period, repeat offenders will receive a 15% surcharge on their water bills and have water restriction devices placed on their water meters. Phase 1 Restrictions Phase 1 restrictions as outlined in Municipal Code Section 9.35.150 include the following: A. Outdoor irrigation shall not be performed except for on designated irrigation days between the hours of 6 p.m. and 6 a.m. Irrigation may be conducted at any time if it is accomplished by using a hand-held hose equipped with a positive shut-off nozzle, a hand-held bucket of 5 gallons or less or a drip irrigation system. Staff proposes to limit irrigation to three days per week between the hours of 6 p.m. and 6 a.m. Even numbered addresses may irrigate on Monday, Wednesday and Friday, and odd numbered addresses may irrigate on Tuesday, Thursday and Saturday. B. Agricultural users and commercial nurseries shall curtail all non-essential water use, but are otherwise exempt from Phase 1 measures. Watering of livestock and irrigation of propagation beds are permitted at any time. C. Washing of motor vehicles, boats, airplanes any other mobile equipment shall be performed only on designated irrigation days and between the hours of 6 p.m. and 6 a.m. This prohibition shall not apply to the washing of garbage trucks, vehicles used to transport food and perishables and other mobile equipment for which frequent cleaning is essential for the protection of the public health, safety and welfare. D. Filling or refilling of swimming pools, spas, ponds, and artificial lakes shall be performed only on designated irrigation days and between the hours of 6 p.m. and 6 a.m. E. Watering golf courses, parks, school grounds and recreational fields shall be performed only between the hours of 6 p.m. and 6 a.m. This prohibition does not apply to golf course greens. Page 3 F. Water shall not be used to wash down sidewalks, hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys. Notwithstanding these prohibitions, a water user may wash down such surfaces when necessary to alleviate safety or sanitary hazards, and then only by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off device, a low-volume, high pressure cleaning machine equipped to recycle any water used, or a low-volume high-pressure water broom. G. Ornamental fountains and similar structures shall not be operated. Staff recommends that subsection G not be included in currently enforced restrictions. The State requirements do not allow for the operation of ornamental fountains that do not utilize a water recirculating system and the subsection noted above is more restrictive than what the State requires. Most if not all modern fountains, like the seal fountain at City Hall, recirculate the water used in their operation. Implementing subsection G as currently written in the City's municipal code would prohibit the operation of all water fountains and features in the City, regardless if they recirculate the water used in their operation. City_Irrigation Modifications Staff has already begun to adjust irrigation usage in all City parks, landscaped areas and facilities. Staff has placed the same restrictions on City-maintained facilities and landscapes that residents and businesses will need to comply with as well. The proposed water restriction enforcement inspector shall also ensure that public facilities and landscapes are in compliance with these restrictions. Smart irrigation controllers which automatically adjust irrigation run times based on current weather conditions will be installed at several City parks and facilities as part of the City's energy efficiency project currently under construction. Staff is also investigating the potential costs of utilizing reclaimed water for irrigating public landscapes. Lastly, staff is also actively seeking out opportunities throughout the City to reduce the amount of turf grass on public property that can be removed and replanted with low-water usage landscapes, drip irrigation, or other organic materials such as decomposed granite. Staff recently removed a strip of parkway turf grass at the intersection of 1 oth and Electric Avenue and replaced it with the same type of pavers used on Main Street. This work was done to eliminate run-off into the street and reduce water consumption. Staff will continue to seek out similar opportunities throughout the City. The City's turf grass maintenance efforts will also need to be modified as well. Fertilization of turf grass will need to be eliminated temporarily as extra water is needed to prevent the fertilizer from burning the turf. Winter and spring over- seeding will also need to be temporarily halted as grass seed must be kept wet in order to germinate thus requiring multiple irrigation run times including irrigating during the daylight hours. Page 4 Additional Restrictions The City's water conservation ordinance includes a Phase 2 and Phase 3 which escalate the level of restrictions respectively. Should drought conditions persist or worsen, the City Council could in the future implement these additional restrictions as well. Phase 2 will reduce exterior water uses to 2 days per week and Phase 3 will prohibit all exterior water uses. City staff are working collaboratively with other water agencies and regional water purveyors to ensure that the City's response is appropriate and meets the requirements as set forth by the State. Surrounding agencies are implementing similar measures as Seal Beach. One example is that the City of Huntington Beach is also proposing to implement Phase 1 of its water conservation ordinance as well. Both the permanent restrictions in its ordinance as well as those included in Phase 1 are similar to those found in Seal Beach's ordinance. ENVIRONMENTAL IMPACT: Adoption of the resolution enforcing water conservation measures is categorically exempt under Section 15321, Class 21 Enforcement of Actions by Regulatory Agencies of the California Environmental Quality Act (CEQA). LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. FINANCIAL IMPACT: Funding for Water Conservation Inspection will be funded from account number 017-900-44000. RECOMMENDATION: That the City Council adopt Resolution No. 6498 implementing Phase 1 Emergency Water Conservation Measures with the exception of subsection G as outlined in Seal Beach Municipal Code Section 9.35.150 SUBMITTED BY: NOTED AND APPROVED: Sean P. Crumby, P.E. II Ingram, City 'nager Director of Public Works Prepared by: Luis Estevez, Deputy Director of Public Works/Maintenance & Utilities Page 5 RESOLUTION NUMBER A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING EMERGENCY WATER CONSERVATION MEASURES AND IMPLEMENTING PHASE I OF THE CITY'S WATER CONSERVATION ORDINANCE WHEREAS, on January 17, 2014, Governor Edmund G. Brown Jr. declared m Water State of Emergency for the State of California and requested a 2096 reduction in water consumption throughout the state; and ' WHEREAS, on April 25. 2014. Governor Edmund G. Brown Jr. issued an executive order to strengthen the state's ability to manage water and habitat effectively in drought conditions and called on all Californians to redouble their efforts to conserve water; and WHEREAS, on July 15. 2014. the State Water Resources Control Board adopted Resolution Number 2014'0038 which adopted mandatory emergency regulations for statewide urban water conservation for water agencies and consumers. WQVV. THEREFURE, THE SEAL BEACH CITY COUNCIL DOES HEREBY F|ND, DETERK8!NE, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby finds that due to drought or other water supply conditions, a water supply shortage, or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond tu existing water conditions. SECTION 2. Pursuant to Section 9.35145 of the Municipal Code. the City Council hereby declares Phase 1 Water Supply Shortage condition to exist as of August 11, 2014� The City shall implement the following Phase 1 conservation measures: A. Outdoor irrigation shall be limited to three days per week between the hours ofG:UOp.m. and G:OOa.m. Irrigation may be conducted at any time ifit is accomplished by using o hand-held home equipped with a pmmidwa shut-off nozz|e, a hand-held bucket of 5 gallons or less ore drip irrigation system. Even numbered addresses may irrigate on Monday, Wednesday and Fhday, and odd numbered addresses may irrigate on Tuesday,Thursday and Saturday. B, Agricultural users and commercial nurseries shall curtail all non- essential water uoe, but are otherwise exempt from Phase 1 measures. Watering of livestock and irrigation of propagation beds are permitted at any time, C� Washing of motor vahic|em, boatm, airplanes any other mobile equipment sbd| be performed only on designated irrigation days and between the hours of 6:00 p.m. and G:OD a.m. This prohibition shall not apply to the washing of garbage trucks, vehicles used to transport food and perishables and other mobile equipment for which frequent cleaning is essential for the protection Of the public health, safety and welfare. D. Filling or refilling of swimming poo|a, spas, pondn, and artificial lakes mhoU be performed only on designated irrigation days and between the hours ofG:ODp.m. and G:OOmm, E. VVabehnQ golf mzurses, parkm, school grounds and neunaabonel fields shall be pmdbnned only between the hours of 6:00 p.m. and 8�00 a.m. This prohibition does not apply bu golf course greens. Resolution Number 6488 F� Water shall not be used towash down sidewalks, hard or paved surfamsn, including but not limited to sidewa|ks, walkways, dr{mavmmyw, parking areas,tennis courts, patios or alleys. Notwithstanding these prohibitions, a water user may wash down such surfaces when necessary to alleviate safety or sanitary hazards, and then only by use of a hand-held bucket or similar oontainer, a hand-held hose equipped with positive self-closing water shut-off device, a |ow-vo|ume, high pressure cleaning machine equipped to recycle any water used,V,a low-volume high-pressure water broom. SECTION 3. This Resolution shall be effective upon publication in the manner required by Section 0.35,145of the Municipal Code. PASSE[). APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held un the_11thdayof_August_ . 2O14by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: Mayor ATTEST-. City Clerk STATE OFCALIFORNIA } COUNTY OF ORANGE GS CITY OF SEAL BEACH } |. Linda Devine, City Clerk of the City of Seal Bemdh, do hereby certify that the foregoing resolution is the original copy mf Resolution Number E4U98 ion file im the office of the City Clerk, posmed, approved, and adopted by the Seal Beech City Council e$a regular meeting held on the_111h__dayof_August _. 2Oi4. City Clerk