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AGENDA STAFF REPORT
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DATE: June 27, 2016
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Jim Basham, Interim Director of Public Works
SUBJECT: WATER CONSERVATION UPDATE
SUMMARY OF REQUEST:
That the City Council receive and file an update to the City of Seal Beach Water
Conservation Program.
BACKGROUND AND ANALYSIS:
California is in the midst of one of the longest periods of drought in recorded
history. As a result the state of California has gone through a series of orders
and mandates to address the shortage. Traditionally, the City of Seal Beach has
responsibly managed water consumption, and has responded favorably
throughout this drought period.
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;
• No installation of non-re-circulating commercial car wash and laundry
systems; and
Agenda Item Y
• 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
phases which increase the severity of restrictions with each successive phase
and are implemented by a resolution of the City Council.
A chronological background of the current drought is as follows:
State Orders and City of Seal Beach Response
• January 17, 2014: Governor Brown issued a 'Water" State of Emergency.
Included within this order was request for a voluntary reduction in water
consumption of 20% versus consumption in 2013. The City of Seal Beach
issued press releases and encouraged conservation. Water consumption across
the state dropped 5%.
• On July 15, 2014: State Water Resources Control Board (Water Board)
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 included limiting outdoor irrigation
to three days per week as well as implementing one or more of the City's phased
restriction measures. Seal Beach developed an action plan that complied with
the Water Board Order, and on August 11, 2014 the City Council approved
Resolution No. 6498 implementing Phase I conservation measures within the
City's Water Conservation Ordinance. The plan included:
o Extensive Public education and outreach campaign
o Utilize consultant services to supplement City staff resources and
provide water inspection and enforcement services
o Adoption of Emergency Water Conservation Resolution Phase 1
restrictions (Limit outdoor water uses to three nights per week)
o Receive, respond, and follow up on every resident call regarding
water consumption within the City.
Additionally, the City began an audit of water consumption by municipal activities.
A few of the activities to reduce municipal consumption is as follows:
o Audit irrigation in all City parks, medians, and facilities. Upgrade
nozzles and timers to latest water conserving. Repair all leaks.
Adjust run times to operate at shortest period possible.
o Landscaping projects: Within the landscape Maintenance contract
are a few planting opportunities that arise every year. Utilize those
opportunities to replace high water use landscaping (turf) in areas
that are appropriate.
o Maintenance Contracts: The City has assessed maintenance
contracts for opportunities to lower water consumption. One
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example this year is the Main Street Powerwashing Contract. The
service was replaced with a Main Street cleaning contract. The
new vendor utilizes a sweeping machine that recycles water and
consumes far less than the previous vendor.
As the drought is a changing situation, the Water Board Resolution 2014-0038
was in effect for a period of 270 days.
• March 17, 2015: Water Board issued Resolution 2015-0013. This order
extends the requirements of Resolution 2014-0038 for an additional 270 days. In
addition to those requirements a few additional requirements were added.
Several of those requirements were already in place in Seal Beach. Two such
requirements have been added and are listed as follows:
o The application of potable water is prohibited to outdoor landscapes
during and within 48 hours of a measurable rainfall,
o Operators of hotels and motels shall provide guests with the option
of choosing not to have towels and linens laundered daily. The
hotel or motel shall prominently display notice of this option in each
guestroom using clear and easily understood language.
The order did not provide restrictions that require Seal Beach to increase the
water conservation measures to Phase II of the Municipal Code. The Phase I
restrictions currently limit watering to 3 nights per week.
• April 1, 2015: Executive Order B-29-15. Governor Brown issued an
executive order that announces that statewide water consumption will be
reduced by 25%. This was not a voluntary request as was done in with the
original Water State of Emergency, but rather a mandatory cut of 25% across the
state. The order delegated the method of how the state will reduce the 25% to
the Water Board. It stated that the Water Board shall, "impose restrictions to
achieve a statewide 25% reduction in potable urban water usage through
February 28, 2016. These restrictions will require water suppliers to California's
Cities and towns to reduce usage as compared to the amount used in 2013."
The Executive Order also includes several provisions that impact Seal Beach's
municipal operations. One order is a requirement that, "The Water Board shall
prohibit irrigation with potable water or ornamental turf on public street medians."
Currently within Seal Beach ornamental turf is currently located within medians
on Seal Beach Boulevard (South of PCH), Marina Avenue, 1st Street, Pacific
Coast Highway, and Lampson Avenue. Staff has in the past investigated use of
reclaimed (grey) water for these medians. The reclaimed water is typically
generated by regional organizations. The closest sources to Seal Beach are
from the Orange County Sanitation District and the Water Replenishment District.
Neither organization has capacity to bring reclaimed water to Seal Beach. The
City ceased irrigation to these medians on May 12, 2015. Staff will continue to
look for funding opportunities to upgrade the irrigation to a drip system and
replace the turf with landscaping to match the majority of medians within the City.
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• May 5 & 6, 2015: The Regional Board approved a plan to achieve a
statewide reduction of water consumption by 25%. The first proposal was
released by the Water Board on April 7th with a modified version released on
April 18th. The adopted system has Tiers or levels of reduction requirements.
Those Tiers vary starting as low as 8% and extending as high as 36%. Seal
Beach has been placed into the lowest Tier and mandated to reduce usage by
8%. As of May 2016, the City successfully reduced usage by 15% to 25% per
month versus the usage in 2013.
• November 13, 2015: Executive Order B-36-15. Governor Brown issued
an executive order that directs the State Water Board, if drought conditions
persist through January of 2016, to extend water conservation regulations and
restrictions an additional 270 days through October 31, 2016.
• May 9, 2016: Executive Order B-37-16. Governor Brown issued a new
executive order extending emergency regulations to January 31, 2017. Past
regulations called out for statewide reductions of 25% of water consumption, with
agencies placed in Tiers based upon pre-drought usage. One year after those
regulations went into effect, the statewide water conservation was 23.9%. After
winter storms replenished much of the northern part of the state, new regulations
were passed where each individual water agency will certify to the state, its own
conservation levels, based upon a supply and demand analysis of each agencies
pre-drought usage and their ability to meet those demands for three additional
drought years.
Seal Beach is working closely with MWDOC (local water wholesaler) and OCWD
(groundwater basin managers) to determine what level of supply there is
currently in the Southern California system and how that supply can be used to
meet pre-drought level demand for the next three years. Certification to the State
is due by June 22, 2016.
Even with the State changing to a self-certification format of water conservation,
there are still many conservation state mandates that are in affect and have not
been rescinded by the State. Some of these are as follows:
o Eliminate irrigation water run-off from landscaped areas onto
sidewalks and streets;
o Restaurants shall only offer water service to customers upon
request;
o Decorative water fountains and features shall only use water re-
circulating systems;
o Handheld water buckets or hoses equipped with positive shut-off
nozzles may only be used to wash vehicles and equipment;
o Eliminate irrigation of turf on public street medians;
o Eliminate washing of driveways and sidewalks
o Irrigation of outdoor landscapes cannot be within 48 hours of
measurable rainfall
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Most of these measures are covered under the Phase 1 restrictions of the City's
Water Conservation Ordinance that City Council adopted by Resolution back in
2014. Even though there are reservoirs that are close to being full in northern
California and that new conservation targets are closer to 0% than they are to the
old State mandated 25%, conserving water continues to be paramount as the
State is still in a drought. This past winter brought only normal levels of rainfall
and winter snow pack in the northern parts of the State and in the Colorado River
basin, the two lifelines of water here in Southern California. But Southern and
Central California still received much less rainfall than our pre-drought winter
levels. And should Seal Beach, and other water agencies start conserving much
less water under the new self-certification model, the amount of water that was
saved these last few years will vanish quite quickly and the State will be forced to
return to mandated conservation levels and possibly much more severe, and
permanent, conservation mandates.
It is staff's recommendation that Seal Beach remain in its current City Council
adopted Phase 1 water conservation restrictions and to continue in its current
inspection and enforcement program under Phase 1 conditions.
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 receive and file an update to the City of Seal Beach Water
Conservation Program.
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SU: ED B : NOTED AND APPROVED:
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A , 111: _ ! , Ill AI IL_
Jw:1-sham 4J' . Ingram, City M g:ger
Interi Director of Public Works
Prepared by: David Spitz, P.E., Associate Engineer
Attachment:
A. Executive Order B-37-16
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Attachment "A"
Foceratin IDtminima
state of California
EXECUTIVE ORDER B-37-16
MAKING WATER CONSERVATION A CALIFORNIA WAY OF LIFE
WHEREAS California has suffered through a severe multi-year drought that has
threatened the water supplies of communities and residents, devastated agricultural
production in many areas, and harmed fish, animals and their environmental habitats;
and
WHEREAS Californians responded to the drought by conserving water at
unprecedented levels, reducing water use in communities by 23.9% between June
2015 and March 2016 and saving enough water during this period to provide 6.5 million
Californians with water for one year; and
WHEREAS severe drought conditions persist in many areas of the state despite
recent winter precipitation, with limited drinking water supplies in some communities,
diminished water for agricultural production and environmental habitat, and severely-
depleted groundwater basins; and
WHEREAS drought conditions may persist in some parts of the state into 2017
and beyond, as warmer winter temperatures driven by climate change reduce water
supply held in mountain snowpack and result in drier soil conditions; and
WHEREAS these ongoing drought conditions and our changing climate require
California to move beyond temporary emergency drought measures and adopt
permanent changes to use water more wisely and to prepare for more frequent and
persistent periods of limited water supply; and
WHEREAS increasing long-term water conservation among Californians,
improving water use efficiency within the state's communities and agricultural
production, and strengthening local and regional drought planning are critical to
California's resilience to drought and climate change; and
WHEREAS these activities are prioritized in the California Water Action Plan,
which calls for concrete, measurable actions that "Make Conservation a California Way
of Life" and "Manage and Prepare for Dry Periods" in order to improve use of water in
our state.
E3 sa
NOW, THEREFORE, I, EDMUND G. BROWN JR., Governor of the State of
California, in accordance with the authority vested in me by the Constitution and
statutes of the State of California, in particular California Government Code sections
8567 and 8571, do hereby issue this Executive Order, effective immediately.
IT IS HEREBY ORDERED THAT:
The orders and provisions contained in my January 17, 2014 Emergency
Proclamation, my April 25, 2014 Emergency Proclamation, Executive Orders B-26-14,
B-28-14, B-29-15, and B-36-15 remain in full force and in effect except as modified
herein.
State agencies shall update temporary emergency water restrictions and
transition to permanent, long-term improvements in water use by taking the following
actions.
USE WATER MORE WISELY
1. The State Water Resources Control Board (Water Board) shall, as soon as
practicable, adjust emergency water conservation regulations through the end of
January 2017 in recognition of the differing water supply conditions across the
state. To prepare for the possibility of another dry winter, the Water Board shall
also develop, by January 2017, a proposal to achieve a mandatory reduction in
potable urban water usage that builds off of the mandatory 25% reduction called
for in Executive Order B-29-15 and lessons learned through 2016.
2. The Department of Water Resources (Department) shall work with the Water
Board to develop new water use targets as part of a permanent framework for
urban water agencies. These new water use targets shall build upon the existing
state law requirements that the state achieve a 20% reduction in urban water
usage by 2020. (Senate Bill No. 7 (7th Extraordinary Session, 2009-2010).)
These water use targets shall be customized to the unique conditions of each
water agency, shall generate more statewide water conservation than existing
requirements, and shall be based on strengthened standards for:
a. Indoor residential per capita water use;
b. Outdoor irrigation, in a manner that incorporates landscape area, local
climate, and new satellite imagery data;
c. Commercial, industrial, and institutional water use; and
d. Water lost through leaks.
The Department and Water Board shall consult with urban water suppliers, local
governments, environmental groups, and other partners to develop these water
use targets and shall publicly issue a proposed draft framework by January 10,
2017.
3. The Department and the Water Board shall permanently require urban water
suppliers to issue a monthly report on their water usage, amount of conservation
achieved, and any enforcement efforts.
ELIMINATE WATER WASTE
4. The Water Board shall permanently prohibit practices that waste potable water,
such as:
• Hosing off sidewalks, driveways and other hardscapes;
• Washing automobiles with hoses not equipped with a shut-off nozzle;
• Using non-recirculated water in a fountain or other decorative water
feature;
• Watering lawns in a manner that causes runoff, or within 48 hours after
measurable precipitation; and
• Irrigating ornamental turf on public street medians.
5. The Water Board and the Department shall direct actions to minimize water
system leaks that waste large amounts of water. The Water Board, after funding
projects to address health and safety, shall use loans from the Drinking Water
State Revolving Fund to prioritize local projects that reduce leaks and other
water system losses.
6. The Water Board and the Department shall direct urban and agricultural water
suppliers to accelerate their data collection, improve water system management,
and prioritize capital projects to reduce water waste. The California Public
Utilities Commission shall order investor-owned water utilities to accelerate work
to minimize leaks.
7. The California Energy Commission shall certify innovative water conservation
and water loss detection and control technologies that also increase energy
efficiency.
STRENGTHEN LOCAL DROUGHT RESILIENCE
8. The Department shall strengthen requirements for urban Water Shortage
Contingency Plans, which urban water agencies are required to maintain. These
updated requirements shall include adequate actions to respond to droughts
lasting at least five years, as well as more frequent and severe periods of
drought. While remaining customized according to local conditions, the updated
requirements shall also create common statewide standards so that these plans
can be quickly utilized during this and any future droughts.
9. The Department shall consult with urban water suppliers, local governments,
environmental groups, and other partners to update requirements for Water
Shortage Contingency Plans. The updated draft requirements shall be publicly
released by January 10, 2017. ,,h,
10.For areas not covered by a Water Shortage Contingency Plan, the Department
shall work with counties to facilitate improved drought planning for small water
suppliers and rural communities.
IMPROVE AGRICULTURAL WATER USE EFFICIENCY AND DROUGHT PLANNING
11.The Department shall work with the California Department of Food and
Agriculture to update existing requirements for Agricultural Water Management
Plans to ensure that these plans identify and quantify measures to increase
water efficiency in their service area and to adequately plan for periods of limited
water supply.
12.The Department shall permanently require the completion of Agricultural Water
Management Plans by water suppliers with over 10,000 irrigated acres of land.
13.The Department, together with the California Department of Food and
Agriculture, shall consult with agricultural water suppliers, local governments,
agricultural producers, environmental groups, and other partners to update
requirements for Agricultural Water Management Plans. The updated draft
requirements shall be publicly released by January 10, 2017.
The Department, Water Board and California Public Utilities Commission shall
develop methods to ensure compliance with the provisions of this Executive Order,
including technical and financial assistance, agency oversight, and, if necessary,
enforcement action by the Water Board to address non-compliant water suppliers.
This Executive Order is not intended to, and does not, create any rights or
benefits, substantive or procedural, enforceable at law or in equity, against the State of
California, its agencies, departments, entities, officers, employees, or any other person.
I FURTHER DIRECT that as soon as hereafter possible, this order be filed in the
Office of the Secretary of State and that widespread publicity and notice be given of this
order.
IN WITNESS WHEREOF I have
hereunto set my hand and caused the
Great Seal of the State of California to
be affixed this 9th day of May 2016.
r �
EDMUND G. BROWN JR.
Governor of California
ATTEST:
ALEX PADILLA
Secretary of State