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Item 4.1 - Reso Discontinuing Level 2 Water Condition and Declaring Level 1 Water Condition W�y APPROVED • OF Po �" City of Poway APPROVED AS AMENDED " ❑ (SEE MINUTES) ` COUNCIL AGENDA REPORT T���� DENIED tiF rY 171 REMOVED ❑ CONTINUED Resolution No. l� 005 DATE: March 7,2017 TO: Honorable Mayor and Members of the City Council FROM: Tina M. White, City Manager CONTACT: Troy Bankston, P.E., Director of Public Works S tankston@poway.org Michael Obermiller, P.E., Assistant Director of Public Works mobermiller @poway.org SUBJECT: Resolution Discontinuing Current Level 2 Water Condition and Declaring a Level 1 Water Condition, Consistent with Chapter 8.94 of the Municipal Code Summary: In May 2016, Governor Brown (Governor) extended the emergency water use regulations through January 2017. In concert, the State Water Resources Control Board (Board) changed its requirements to allow agencies to self-certify their water supply and set necessary conservation targets to ensure three years of supply. The San Diego County Water Authority (SDCWA) certified that our region has sufficient water supplies to meet its projected water demand, assuming three years of continued dry conditions. On July 19, 2016, the City Council adopted Resolution No. 16-029 ratifying the City Manager's decision to amend the watering schedule to allow watering up to three days per week on Mondays, Wednesdays and Fridays. Other watering restrictions remain in place including restricting watering times to before 8 a.m. and after 8 p.m., a ten-minute limit per watering station, and prohibiting irrigation within 48 hours of measurable rainfall. Poway customers have adopted water use efficiency practices, and the City has demonstrated the capability to achieve a reduction in water use compliant with the Board mandates. The City exceeded the mandated 24 percent reduction by 5.3 percent for the period of June 2015 through May 2016. Furthermore, through the self-certifying process where a conservation standard of zero percent was set, our customers have continued to persevere with a cumulative reduction of 27.7 percent from June 2016 through January 2017, when compared to 2013 usage. Recently, hydrological conditions throughout the state and in the region have far exceeded normal conditions, which serves to improve the reliability of our water supplies. Recommended Action: It is recommended that Council adopt the proposed Resolution Discontinuing the Current Level 2 Water Condition, and Declaring a Level 1 Water Condition, Consistent with Chapter 8.94 of the Poway Municipal Code. 1 of 7 March 7, 2017, Item# 1-1, 1 Discontinue Level 2 Water Condition March 7, 2017 Page 2 Discussion: Background In July 2014, the Governor issued an Executive Order requiring water agencies to make water use restrictions mandatory. To comply with this order, the City adopted Resolution No. 14 -049 Declaring a Level 2 Water Shortage Alert. The outdoor watering restrictions initially allowed watering up to three days per week starting August 1, 2014. In April 2015, the Governor issued another Executive Order requiring all Californians to reduce water use by 25 percent. To accomplish this, the Board established water conservation targets for each community based on per- capita, per -day water use. Poway's target was set at 32 percent. The City Council adopted Resolution No. 15 -009 on April 7, 2015, to further limit outdoor irrigation to two designated days per week, before 8 a.m. and after 8 p.m., and not during or within 48 hours after measurable rainfall. Limits on outdoor watering times remained unchanged at ten minutes per station. These restrictions became effective May 1, 2015. In February 2016, state regulations were amended and extended again. This time, Poway benefited from an 8 percent credit for its investment in new drought - resilient water supplies — namely, the Carlsbad desalination plant. Our reduction target was lowered to 24 percent. On May 9, 2016, the Governor issued a new Executive Order calling for the extension of water use restrictions through January 2017. The order also requires the Board to develop a permanent, long -term water conservation framework by January 2017. Additionally, the Board changed the water conservation approach by moving from a state - assigned percentage target to a self - certification or "stress test." Under this approach, we are required to demonstrate that our water supply will meet projected demand, assuming three years of continued dry conditions. The SDCWA certified that our region had sufficient water supplies to meet demand, even if the next three years are dry. This means our mandate of 24 percent was reduced to zero as long as we have sufficient water to meet projected demands. On July 19, 2016, the City Council adopted Resolution No. 16 -029 ratifying the City Manager's decision to amend the watering schedule on July 1, 2016, to allow watering up to three days per week on Mondays, Wednesdays and Fridays. Other watering restrictions remained in place including restricting watering times to before 8 a.m. and after 8 p.m., a ten - minute limit per watering station, and prohibiting irrigation within 48 hours of measurable rainfall. On February 8, 2017, the Board approved the extension of the existing drought emergency regulations for an additional 270 days, with the potential to revisit the regulation in May 2017, if the Governor has not yet rescinded the drought emergency. 2 of 7 March 7, 2017, Item# T Discontinue Level 2 Water Condition March 7, 2017 Page 3 Findings The region has invested approximately $3.5 billion to improve water reliability which means the City will have sufficient water supplies per the Board's stress test for at least three more dry years. Hydrologic conditions this winter have only served to improve the reliability of supplies considered under the "stress test" analysis. Water supply conditions in the region and statewide far exceed normal conditions. The SDCWA stated that, as of January 12, 2017, San Diego precipitation was 137% of average, Northern Sierra precipitation was 217% of average, statewide snowpack was 161% of average and Upper Colorado River Basin snowpack was 142% of average. Poway customers have demonstrated the capability to achieve a reduction in water use compliant with Board mandates, exceeding the 24 percent reduction by 5.3 percent for the period of June 2015 through May 2016. Furthermore, through the self - certifying process where a conservation standard of zero percent was set, our customers have maintained a cumulative reduction of 27.7 percent from June 2016 through January 2017. Based on these findings, the City Manager recommends that the City Council discontinue a Level 2 Water Shortage Alert and return to a Level I Water Shortage Watch condition, consistent with Chapter 8.94 of the Poway Municipal Code (PMC). During a Level 1 Water Shortage Watch condition, water use efficiency measures are voluntary. The City will conduct education and outreach to: • Encourage voluntary water use reduction. • Inform customers of the water use efficiency measures listed in the PMC. • Encourage customers to utilize the water conservation incentives and programs. • Encourage customers to reset irrigation clocks as necessary to water once per week in winter, and not more than three times per week in summer. • Encourage customers to add water to maintain the level of water in swimming pools and spas only when necessary (to ensure proper operation of the pool filter), and install a cover on single - family residential pools and spas. The state's prohibitions on potable urban water use remain in effect under the extended emergency regulations, including: irrigating ornamental turf on public street medians; washing down sidewalks and driveway; allowing runoff when irrigating with potable water; using hoses with no shutoff nozzles to wash cars, using potable water in decorative water features that do not recirculate the water; and irrigating outdoors during and within 48 hours of measurable rainfall. The Board anticipates completing the permanent, long -term water use efficiency regulatory framework soon, and the proposed regulations will then go through the legislative process. The SDCWA is currently updating the regional Model Drought Ordinance to be consistent with state actions. The SDCWA staff timeline is to hold a 3 of 7 March 7, 2017, Item# ILL Discontinue Level 2 Water Condition March 7, 2017 Page 4 workshop for member agencies to review the draft in March or April, and bring the Ordinance to the SDCWA Board for consideration in April or May. Following this, staff will prepare proposed changes to the City's Water Conservation Plan, as outlined in Poway Municipal Code chapter 8.94, for Council action. Environmental Review: This information is not subject to CEQA review. Fiscal Impact: None. Public Notification: No advance public notification is required for this action. If the City Council approves the attached resolution, public communication will include a press release, and posting a news item on the City's website and social media sites. Attachments: A. Proposed Resolution Discontinuing Current Level 2 Water Condition and Declaring a Level 1 Water Condition, Consistent with Chapter 8.94 of the Municipal Code Reviewed /Approved By: Reviewed By: Wendy Kaserman Assistant City Manager 4of7 Morgan Foley City Attorney Ap oved By: Tina M. White City Manager March 7, 2017, Item# RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, DISCONTINUING THE CURRENT LEVEL 2 WATER CONDITION, AND DECLARING A LEVEL 1 WATER CONDITION, CONSISTENT WITH CHAPTER 8.94 OF THE POWAY MUNICPAL CODE WHEREAS, on January 17, 2014, Governor Edmund G. Brown, Jr. (the "Governor") issued a Governor's Proclamation No. 1 -17 -2014 declaring a State of Emergency to exist in California due to severe drought conditions; and WHEREAS, on July 15, 2014, the State Water Resources Control Board (the "Board ") adopted regulations requiring urban water suppliers to activate water shortage contingency plans to a level that activated mandatory outdoor irrigation restrictions; and WHEREAS, on July 22, 2014, the Poway City Manager declared a Level 2 Water Shortage Alert, and on August 5, 2014, the Council adopted Resolution No. 14 -049 ratifying the declaration; and WHEREAS, on April 1, 2015, the Governor issued Executive Order B -29 -15 ordering the State Water Resources Control Board to impose restrictions in order to achieve a 25% reduction in water use, which Executive Order and restrictions were extended through January 31, 2017, by the Governor's Executive Orders B -36 -15 and B- 37-16; and WHEREAS, on April 7, 2015, the Poway City Council adopted a revised outdoor watering schedule which limited watering to two designated days per week, no more than 10 minutes per station, only before 8 a.m. and after 8 p.m., and not during or within 48 hours after measureable rainfall; and WHEREAS, on May 5, 2015, the Board adopted emergency regulations restricting water use in order to achieve a 25% reduction in statewide water consumption from 2013 levels, including a mandatory cutback of 32% for the City of Poway, and on February 2, 2016, the Board extended its emergency regulations through October 31, 2016, while at the same time reducing Poway's conservation target to 24 %; and WHEREAS, on May 18, 2016 the Board amended its emergency regulations to allow agencies to self- certify their water supply and set necessary conservation targets to ensure three years of supply; and WHEREAS, on June 9, 2016 the San Diego County Water Authority declared the region had adequate water supplies and thus no mandatory conservation targets were necessary; and WHEREAS, on July 19, 2016 the City Council adopted Resolution No. 16 -029 ratifying the City Manager's decision to amend the watering schedule on July 1, 2016, to allow watering up to three days per week on Mondays, Wednesdays and Fridays; and 5 of 7 Attachment A March 7, 2017, Item# r Resolution No. Page 2 WHEREAS, on February 8, 2017, the Board approved the extension of the existing drought emergency regulations, including the water use prohibitions, for an additional 270 days; and WHEREAS, Poway customers have adapted to water use efficiency practices, and the City has demonstrated the capability to achieve a reduction in water use compliant with SWRCB mandates; and WHEREAS, hydrological conditions throughout the state and in the region far exceed normal conditions, which serves to improve the reliability of our water supplies for at least three (3) more dry years as required by the state's stress test; and WHEREAS, during a Level 1 Water Shortage Watch condition the water use efficiency measures identified in Poway Municipal Code ( "PMC ") section 8.94.040 are voluntary but may become mandatory upon separate action of the City Council and are subject to the enforcement provisions identified in PMC Chapters 1.08 and 1. 10, and PMC section 8.94.140. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1. Effective immediately upon the adoption of this Resolution the Level 2 Water Shortage Alert, previously declared by the City Manager on July 22, 2014, and ratified by the City Council by Resolution No. 14 -049, is hereby terminated and discontinued as set forth in Poway Municipal Code Chapter 8.94 — Water Conservation Plan. Section 2. Effective immediately upon the adoption of this Resolution a Level 1 Water Shortage Watch condition is hereby declared by the City Council, during which the water use efficiency measures identified in PMC section 8.94.040 are voluntary, but may become mandatory upon further action of the City Council. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 7t" day of March, 2017. Steve Vaus, Mayor ATTEST: Nancy Neufeld, CMC, City Clerk 6 of 7 March 7, 2017 Item# 11 . Resolution No. 17- Page 3 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Nancy Neufeld, City Clerk, of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 17-*** was duly adopted by the City Council at a meeting of said City Council held on the 7th day of March, 2017, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: Nancy Neufeld, CIVIC, City Clerk City of Poway 7 of 7 March 7, 2017, Item# 9 - I