Item 4.1 - Reso Declaring a Level 2 Water Shortage Alert per PMC Ch. 8.94 APPROVED ■
G�t,j of PO-4/41,. APPROVED AS AMENDED O
(SEE" City of Poway REMOVED MINUTES)
DENIED
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Ti
y£`'� % COUNCIL AGENDA REPORT CONTINUED
RESOLUTION NO. IT-117 l
DATE: August 5, 2014
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Singer, City Manager Q
INITIATED BY: Tina White, Assistant City Manager G6
Leah Browder, Director of Public Works 4-`4
Roger Morrison, Public Works Management Analyst/
SUBJECT: Ratification of Level 2 Water Shortage Alert pursuant to
Poway Municipal Code Chapter 8.94 — Water Conservation
Plan and Enhanced Water Conservation Program
Summary:
Due to multiple consecutive years of dry weather in California, Governor Edmund G.
Brown issued a proclamation on January 17, 2014 declaring a State of Emergency to
exist in California due to severe drought conditions.
The Poway City Council declared a Level 1 Water Shortage Watch on April 1, 2014,
consistent with the San Diego County Water Authority's declaration and in accord with
other member water agencies. The Council also appropriated $50,000 from the Water
Fund to establish a Water Conservation Rebate Program.
On July 15, 2014, the State Water Resources Control Board adopted emergency
regulations. These emergency regulations require urban water suppliers such as
Poway to implement water shortage contingency plans at a level that triggers
mandatory restrictions on outdoor water use or face potential financial penalties of
$10,000 per day. The emergency regulations remain in effect for 270 days unless the
State Water Board determines that they are no longer necessary due to changed
conditions or they are renewed due to continued drought conditions.
On, July 21, 2014 in order to comply with the State's requirements and encourage
further gains in local water conservation, Poway's City Manager declared a Level 2
Water Shortage Alert, per Poway Municipal Code (PMC) Section 8.94.050(B)(2)
implementing mandatory conservation measures. This item recommends City Council
ratification of the City Manager's action, as required by the PMC, and enhancements to
the City's Water Conservation Program to encourage and support continued water
conservation efforts by our residents and businesses.
•
1 of 12 August 5, 2014 Item #4.1
Resolution Declaring Level 2 Water Shortage Alert and Establishment of Water
Conservation Program
August 5, 2014
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Recommended Action:
It is recommended that the City Council:
1) Adopt the Resolution Declaring Level 2 Water Shortage Alert, consistent with
Chapter 8.94 — Water Conservation Plan of the PMC, implementing mandatory
water conservation measures; and
2) Authorize the transfer of funds from the Public Works operating budget (401) and
close -out of the Water Treatment Plant Corrosion Repair project (Project 1760) to
the Water Conservation Program (Fund 1167) to enhance current water
conservation programs and activities; and
3) Direct any other actions Council deems appropriate.
Background:
The Governor's proclamation on January 17, 2014 declared a State of Emergency in
California due to severe drought conditions. The January Proclamation notes that the
state is experiencing record dry conditions, with 2014 projected to become the driest
year on record. The Proclamation highlights the impact of the dry conditions on drinking
water supplies, the cultivation of crops, and the survival of animals and plants that rely
on California's rivers and streams. Additionally, the Governor called on all Californians
to reduce their water usage by 20% regardless of previously achieved water use
reductions or local water supply enhancements that have been implemented since the
1991 drought.
On April 25, 2014, the Governor issued an executive order to strengthen the state's
ability to manage water effectively in drought conditions and asked that all Californians
redouble their efforts to conserve water.
On July 15, 2014, the State Water Resources Control Board passed Resolution No.
2014 -0038 to adopt California Code of Regulations, Title 23, sections 863, 864, and 865
as an emergency regulation. The new regulation is intended to reduce outdoor urban
water use. These regulations require urban water suppliers, including Poway, to
activate their water shortage contingency plans to a level where outdoor irrigation
restrictions are mandatory. The regulations require water suppliers to report water use
on a monthly basis to track progress. The City's failure to comply with the enforcement
order could result in penalties up to $10,000 per day. It also gives water suppliers the
ability to impose $500 per day enforcement penalties for customers violating mandates.
Poway's Water Conservation Plan was adopted in 1993 and updated in 2008 as PMC
Chapter 8.94. The Plan identifies four water conservation levels, with Level 1 containing
voluntary water use restrictions and Levels 2 through 4 imposing increasingly restrictive
mandatory measures.
2 of 12 August 5, 2014 Item #4.1
Resolution Declaring Level 2 Water Shortage Alert and Establishment of Water
Conservation Program
August 5, 2014
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The City of Poway declared a Level 1 Water Shortage Watch in April 1, 2014, and
asked customers to voluntarily reduce water use by following water use measures listed
in PMC 8.94.040. To comply with the new state regulations, Poway must declare a
Level 2 Water Shortage Alert thereby making water use restrictions mandatory.
Per PMC Section 8.94.050(6)(2), the City Manager may declare a Water Shortage
Response Level 2 and implement the mandatory Level 2 conservation measures, with
ratification by City Council resolution at their next regularly scheduled Council meeting.
The mandatory conservation measures applicable to a Level 2 condition take effect on
the tenth day after the response level is declared, or upon an identified date thereafter.
The City Manager declared a Level 2 Water Shortage Alert on July 21, 2014, with
mandatory conservation measures to take effect on August 1, 2014. The mandatory
conservation measures are reflected in Exhibit A to the Resolution attached to this
report. Please note that pool covers are encouraged, but not required as a
conservation measure, because the City is not yet subject to mandatory reduction in
water deliveries.
Findings:
According to the state, most Californians use more water outdoors than indoors, with
many areas of California using 50 percent or more of their daily water for lawns and
outdoor landscaping. As a result, the state's regulations focus on reducing outdoor
water use stating in their emergency regulations that outdoor water use is generally
discretionary, and many irrigated landscapes would not suffer greatly from receiving a
decreased amount of water. The emergency regulations set a minimum standard,
requiring only modest lifestyle changes across the state. However, Californians are
asked to do more. The state has also asked that water agencies step up their programs
and find additional ways to incentivize demand reduction.
Watering Schedules
The state regulations require that urban water suppliers limit outdoor irrigation of
ornamental landscapes or turf with potable water to no more than two days per week or
implement other mandatory conservation measures intended to achieve a comparable
reduction in water consumption relative to the amount consumed in 2013.
Given that the City's Level 2 mandatory restrictions are more restrictive than the state's
requirements, the outdoor irrigation regulations will initially allow watering up to three
days per week starting on August 1, 2014 and continue until further notice. If Level 2
remains in effect, outdoor irrigation could be restricted to one day per week beginning in
winter (November- March).
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Resolution Declaring Level 2 Water Shortage Alert and Establishment of Water
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August 5, 2014
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Starting August 1, 2014, specific irrigation requirements for the City of Poway will be:
• Irrigation will be allowed only between the hours of 6:00 p.m. and 10:00 a.m.
However, residents and businesses are encouraged to irrigate between 8:00
p.m. and 8:00 a.m. to minimize evaporation and wind interference.
• Landscape irrigation is limited to no more than three assigned days per week
beginning on August 1, 2014:
• Homes with street addresses that
Sunday, Tuesday, and Thursday;
• Homes with street addresses that
Saturday, Monday, and Wednesday;
• Apartments, condominiums and
Wednesday, and Friday.
end in an odd - number can water
end in an even - number can water
businesses can water Monday,
• Landscape irrigation using sprinklers is limited to no more than ten minutes
maximum per watering station per assigned day. This requirement does not
apply to drip, micro - irrigation, or stream rotor systems.
• Landscaped areas that are not irrigated by a landscape irrigation system may be
watered no more than three assigned days per week by using a hand -held
container, hand -held hose with positive shut -off nozzle, or low- volume soaker
hose.
Poway's Water Conservation Plan allows flexibility with these watering schedule
restrictions for properties that have installed new low water -use landscaping.
Recognizing that California - friendly plants need water to establish, the City Manager
may grant an exemption or modification to these restrictions as necessary.
City- Maintained Properties, PUSD properties, Golf Courses, and Commercial
Growers /Nurseries and Landscaping Irrigated with Reclaimed Water
Consistent with PMC 8.94, certain property types will be exempt from the watering
schedule restrictions established at Level 2 including: City- maintained parks,
landscaped areas, and facilities; golf courses; Poway Unified School District properties;
commercial growers and nurseries; and landscaping irrigated with reclaimed water. This
exception recognizes that these types of properties employ irrigation professionals
using highly efficient irrigation practices. In spite of this exemption, however, the City
will continue to seek enhancements to its irrigation practices and systems, as well as to
facility water usage. All other provisions of Chapter 8.94 apply. Should the City receive
a future reduction in water supply, these property types (other than those using
reclaimed water) would be required to reduce their water use by the same percentage
as the City.
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Resolution Declaring Level 2 Water Shortage Alert and Establishment of Water
Conservation Program
August 5, 2014
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Groundwater and Well Water
PMC 8.94 and the State emergency regulations specifically address potable water.
Potable water is defined in PMC 8.94 as water delivered by the City, which meets
drinking water standards, or raw water delivered by the San Diego County Water
Authority. Therefore, the mandatory Level 2 conservation measures do not apply to
groundwater or well water. While there are no restrictions on the use of groundwater or
well water, residents or businesses with access to this resource are encouraged to
implement conservation strategies.
Outreach, Education and Incentives
The City has been conducting outreach and education, and supports certain services
and rebates /incentives. With a Level 2 declaration, our efforts should be increased.
The following items are currently in place or can be implemented with existing resources
and by reprioritizing existing workload:
• Review City facilities /practices to identify additional water - saving opportunities
• Encourage and solicit input and ideas from employees about ways to save water
• Delay planting new or replacement City trees (reevaluate in Spring 2015)
• Update City website information, increase use of social media tools
• Enhance the water conservation materials and display at city hall; expand
display to Council Chambers during Council meetings
• Post public service announcements on public access TV channel
• Conservation messages on water /sewer and solid waste bills and water bill
inserts /information
Other programs or strategies are in place for which staff recommends additional
resources so that the offerings can be increased or broadened:
• Expand use of "When in Drought, save every day, every way" campaign
developed by the Water Authority for use by member agencies
• Increase promotion of Water Authority and Metropolitan Water District rebate
programs for such items as high- efficiency clothes washers, high- efficiency
toilets, rain barrels, rotating sprinkler nozzles, weather -based irrigation
controllers, soil moisture sensors, a variety of commercial and industrial
equipment, and turf replacement
• Maintain support for the MWD and /or CWA turf replacement programs via a
Poway rebate
• Promote WaterSmart residential or business water use checkups at no cost to
the participants
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Resolution Declaring Level 2 Water Shortage Alert and Establishment of Water
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August 5, 2014
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• Media releases, Poway Today articles, and print advertisements
• Ensure a Poway presence at more community events (street fairs, etc.) with
water conservation information. Provide giveaway items as education and
incentive for interaction at information booths
Finally, other options that are not currently in place which staff recommends:
• Contract for landscaping or irrigation classes offered free to residents and
businesses
• Explore the possibility of offering a pool cover rebate
• Develop and distribute new promotional materials
• Outreach to local restaurants, including "water on request only" table tents, and
to hotels and motels the option of not laundering towels and linens daily
• Water conservation messaging via kiosk signs at city entry- points and mini -
billboards at certain City facilities
• Directed information to specific audiences (e.g. customers, landscape
companies, businesses by type, etc.)
• Upon request, staff can provide water conservation presentations to civic
organizations and groups
Initially, staff envisions promoting free water use surveys to residential customers.
These surveys assist customers looking for help to reduce indoor and outdoor water
use by identifying leaks, recommending water saving devices, assessing irrigation
efficiency and determining proper landscape watering schedules. During 2013, free
surveys were provided to 33 customers. While the survey is free to the customer, each
audit costs about $125, which is paid jointly by the City and the Water Authority. Staff
has confirmed the current vendor's ability to meet increased demand for surveys.
Staff will also continue to promote turf replacement rebates. Thirteen Poway customers
accessed turf replacement programs in 2013 to eliminate over 22,000 square feet of
grass. So far, in 2014, nine customers have removed 21,000 square feet of turf.
In addition to funding for education and incentives, staff will require additional resources
for outreach. Unlike in 1991 and 2009, the City will not have a team dedicated solely to
water conservation. Instead, we will form a cross - departmental team led by Assistant
City Manager, Tina White. Along with their regular job duties, employees will respond to
water use reports and inquiries; expand outreach; establish additional incentives;
manage and track water use for City facilities and operations; comply with state
reporting requirements; and perform program administration. This approach will require
reprioritization of existing workload and some additional temporary staffing or contract
support. The requested program funding reflects this anticipated need.
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Resolution Declaring Level 2 Water Shortage Alert and Establishment of Water
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August 5, 2014
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Compliance
Staff's first priority will be to raise customer awareness and provide resources to assist
customers. Staff will address situations directly observed and will follow -up on reports
received from the public. In situations of repeated violations, the PMC does allow for the
assessment of penalties on customer water bills, which are well within the $500 per day
penalty allowed under the new state regulations.
Water Conservation Rate Structure
During Water Shortage Response Level 2, PMC 8.94 authorizes the City Council to take
action to implement a conservation rate structure designed to encourage water
conservation. Staff is not recommending a change to the current rate structure at this
time.
Fiscal Impact:
The City's FY 2014 -15 budget includes funding for preparation of a state - mandated
Urban Water Management Plan (UWMP). It is our understanding that the state has
extended the deadline for submitting the UWMP to 2016. To help residents and
businesses meet the new restrictions and to promote further water conservation, it is
recommended that $30,000 originally budgeted for preparation of the UWMP be
redirected to the Water Conservation Program. Further, staff is ready to close out the
Water Treatment Plant Corrosion Repair project (Project 1760A), which has
approximately $60,000 in funding remaining. It is recommended that these funds also
be redirected to Water Conservation. This funding provides an initial allocation to
expand educational programs, audit services and rebate programs currently available to
Poway residents and businesses.
Staff recommends the following budget transfers to augment the Water Conservation
Program:
• $30,000 from the Water Supply Treatment and Storage budget (401 -1726) to
Program Budget 1167 — Water Conservation; and
• $60,238 from the Water Treatment Plant Corrosion Repair Project (1760A) to
Program Budget 1167 — Water Conservation.
In the coming months, additional funding may be necessary to support the City's
internal project team. If necessary, such requests would be included with the midyear
budget evaluation.
Environmental Review:
This information is not subject to CEQA review.
7 of 12 August 5, 2014 Item #4.1
Resolution Declaring Level 2 Water Shortage Alert and Establishment of Water
Conservation Program
August 5, 2014
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Public Notification:
Consistent with requirements set forth in PMC 8.94.050, a notice was posted at City
Hall and published in the Poway News Chieftain on July 24, 2014, indicating that the
City Manager had declared a Level 2 Water Shortage Alert on July 21, 2014. A notice
was also posted on the City's website. Consistent with requirements set forth in PMC
8.94.050, if adopted, the Resolution will be published within 5 days of adoption, and will
also be posted on the City's website.
Attachment:
A. Resolution Declaring a Level 2 Water Shortage Alert and Establishing
Mandatory Water Conservation Measures
8 of 12 August 5, 2014 Item #4.1
RESOLUTION NO. 14-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POWAY, CALIFORNIA,
DECLARING A LEVEL 2 WATER SHORTAGE ALERT,
CONSISTENT WITH CHAPTER 8.94 OF THE POWAY MUNICIPAL CODE,
ESTABLISHING MANDATORY WATER CONSERVATION MEASURES
WHEREAS, the City of Poway imports nearly 100% of its potable water supply
from Northern California and the Colorado River via contractual arrangements with the
San Diego County Water Authority and the Metropolitan Water District of Southern
California; and
WHEREAS, Governor Edmund G. Brown Jr. issued Governor's Proclamation No.
1 -17 -2014 on January 17, 2014, declaring a State of Emergency to exist in California
due to severe drought conditions; and
WHEREAS, the January Proclamation calls on all Californians to reduce their
water usage by 20% compared to calendar year 2013 regardless of previously achieved
water use reduction percentages or local water supply enhancements that may have
been implemented since the 1991 drought; and
WHEREAS, the January Proclamation highlights the State's dry conditions, lack
of precipitation and the resulting effects on drinking water supplies, the cultivation of
crops, and the survival of animals and plants that rely on California's rivers and streams;
and
WHEREAS, the State indicates that over 400,000 acres of farmland are expected
to be fallowed, and that some severely affected communities have implemented water
rationing, limiting water use in some cases to only 50 gallons per person per day,
foregoing showers, laundry, toilet flushing, and all outdoor watering; and
WHEREAS, for the first time in five years, State water officials have tapped into
water reserves to meet supply demands, depleting reservoirs and water storage to the
lowest levels since 1977; and
WHEREAS, forecasts for an El Niho weather effect are waning and there is no
guarantee that winter precipitation will alleviate the drought conditions, which will lead to
even more severe impacts across the state if the drought wears on; and
WHEREAS, on July 15, 2014, the State Water Resources Control Board passed
Resolution No. 2014 -0038 to adopt California Code of Regulations, Title 23, sections
863, 864, and 865 as an emergency regulation; and
WHEREAS, pursuant to that emergency regulation, urban water suppliers in
California that have a water shortage contingency plan must implement the stage of the
plan that imposes mandatory restrictions on outdoor irrigation of ornamental landscapes
or turf with potable water or face severe financial penalties; and
9 of 12 Attachment August 5, 2014 Item #4.1
Resolution No. 14-
Page 2
WHEREAS, the City of Poway has established a Water Conservation Plan as
Chapter 8.94 of the Poway Municipal Code; and
WHEREAS, Poway Municipal Code Section 8.94.050 defines four levels of water
conservation measures, with Levels 2 through 4 imposing mandatory restrictions; and
WHEREAS, the Poway City Manager declared a Level 2 Water Shortage Alert on
July 21, 2014.
that:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
1) As set forth in Poway Municipal Code Chapter 8.94 — Water Conservation
Plan, the City Manager's declaration of a Level 2 Water Shortage Alert is
hereby ratified, effective August 1, 2014; and
2) Mandatory water conservation measures are hereby established effective
August 1, 2014, as identified in Poway Municipal Code Chapter 8.94 and in
Exhibit A attached hereto.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 5th day of August, 2014.
Don Higginson, Mayor
ATTEST:
Sheila R. Cobian, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, CMC, City Clerk, of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 14 - * ** was duly adopted by the City
Council at a meeting of said City Council held on the * ** day of * * *, 2014, and that it was
so adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Sheila R. Cobian, CMC, City Clerk
City of Poway
10 of 12 August 5, 2014 Item #4.1
0i117i TAN
Poway Municipal Code Chapter 8.94
Level 2 Water Shortage Alert
As outlined in PMC Chapter 8.94, the following water conservation measures are mandatory at
Level 2. All of the actions included in the state's emergency regulations are already included in
Poway's requirements (state mandates are indicated in italics below). Please note that these
requirements do not apply to reclaimed water, groundwater, or well water:
Do not wash down paved surfaces, including but not limited to sidewalks,
driveways, parking lots, tennis courts, or patios, except when necessary to
alleviate safety or sanitation hazards.
2. Do not allow water waste from inefficient landscape irrigation, such as runoff,
low head drainage, or overspray and do not allow water flows onto nontargeted
areas, such as adjacent property, nonirrigated areas, hardscapes, roadways, or
structures.
3. Irrigate residential and commercial landscape before 10:00 a.m. and after 6:00
p.m. only.
4. Use only a hand -held hose equipped with a positive shut -off nozzle or bucket to
water landscaped areas, including trees and shrubs located on residential and
commercial properties that are not irrigated by a landscape irrigation system.
5. Irrigate nursery and commercial grower's products before 10:00 a.m. and after
6:00 p.m. only. Watering is permitted at any time using a hand -held hose
equipped with a positive shut -off nozzle, a bucket, or when a drip /micro - irrigation
system /equipment is used. Irrigation of nursery propagation beds is permitted at
any time. Water for livestock is permitted at any time.
6. Use only recirculated water to operate ornamental fountains.
7. Wash vehicles only using a bucket and a hand -held hose with positive shut -off
nozzle, mobile high pressure /low volume wash system, or at a commercial site
that recirculates (reclaims) water on site. Do not wash vehicles during hot
conditions when additional water is required due to evaporation.
8. Offer guests in hotels, motels, and other commercial lodging establishments the
option of not laundering towels and linens daily.
9. Do not use single -pass cooling equipment in new commercial applications,
including, but not limited to, air conditioners, air compressors, vacuum pumps,
and ice machines.
11 of 12 August 5, 2014 Item #4.1
10. Use a water recirculation system for commercial conveyor car washes and all
new commercial laundry systems.
11. Run only fully loaded dishwashers and washing machines.
12. Use recycled or nonpotable water for construction purposes to the fullest extent
possible when available.
13. Reset irrigation clocks as necessary to water once per week in winter, and not
more than three times per week in summer.
14. Add water to maintain the level of water in swimming pools and spas only when
necessary (to ensure proper operation of the pool filter). A pool cover is
encouraged, but not required.
15. Serve and refill water in restaurants and other food service establishments only
upon request.
16. Landscape watering shall be conducted only in conformance with landscape
watering schedules and restrictions for commercial and residential properties
approved by the City Manager. The watering schedule and restrictions may
address factors such as how many days during the week, which days of the
week, the amount of time per watering station, and other pertinent details.
Watering of landscaped areas that are not irrigated by a landscape irrigation
system shall be subject to the same watering schedule and restrictions, using a
bucket, hand -held hose with positive shut -off nozzle, or low- volume non -spray
irrigation. City- maintained parks, landscaped areas, and facilities; golf courses;
and commercial growers and nurseries are exempt from the schedule
restrictions.
17. All leaks shall be repaired within 72 hours of notification by the City of Poway,
unless other arrangements are made with the City Manager.
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