CC 2017-04-25_11a Rescinding Stage 1 Water Shortage Emerg
MEMORANDUM
TO: CITY COUNCIL
FROM: BOB MCFALL, INTERIM CITY MANAGER
BY: TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
GEOFF ENGLISH, PUBLIC WORKS DIRECTOR
DEBBIE MALICOAT, ADMINISTRATIVE SERVICES DIRECTOR
SUBJECT: CONSIDERATION OF ADOPTION OF A RESOLUTION RESCINDING
THE DECLARATION OF A STAGE 1 WATER SHORTAGE
EMERGENCY
DATE: APRIL 25, 2017
RECOMMENDATION:
It is recommended the City Council adopt a Resolution rescinding the declaration of the
Stage 1 Water Shortage Emergency and related water conservation measures and
restrictions.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Approving the recommendation will probably result in additional water consumption,
which will result in increased revenues in the Water and Sewer Funds. It is difficult to
determine how much additional revenue will be realized in the current fiscal year,
however it is estimated to be $40,000 to $70,000 for the Water Fund and $5,000 to
$6,000 in the Sewer Fund, based on a 2% to 4% increase for the remaining months of
the fiscal year.
BACKGROUND:
The Arroyo Grande City Council has long been proactive on water conservation efforts
and long-term water supply sustainability strategies, starting in 2010 when permanent
water use restrictions were adopted.
On February 24, 2015, the City Council adopted Ordinance No. 669, adding Chapter
13.07 to the Arroyo Grande Municipal Code, establishing an emergency Water
Shortage Contingency Plan to be in place in case mandatory water use restrictions
become necessary to meet water demand and to address any potential negative
impacts on the City’s water supply. The Ordinance included two methodologies based
upon two stages of water shortage emergency:
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CITY COUNCIL
CONSIDERATION OF ADOPTION OF A RESOLUTION RESCINDING STAGE 1
EMERGENCY WATER USE RESTRICTIONS
APRIL 25, 2017
PAGE 2
Stage 1 Water Shortage Emergency
A Stage 1 Water Shortage Emergency shall be declared when there have been impacts
to the City’s water supply and/or it has been determined that it is imminent that the water
supply will be less than projected demand. All customers will then be required to reduce
water usage by a percentage compared to the same billing period the prior year, which
will be established by Resolution.
Stage 2 Water Shortage Emergency
A Stage 2 Water Shortage Emergency shall be declared when it has been determined
that it is imminent that the water supply is or will be equal to or less than amounts
determined necessary to meet basic minimum household health and safety
requirements. Therefore, the purpose of Stage 2 requirements is to limit water usage to
the minimum amount necessary for public health since the City will likely need to make
arrangements for some type of emergency water supply deliveries.
In April, 2015, due to ongoing drought conditions and the historically low Sierra
snowpack measurement, the Governor signed Executive Order B-29-15, enacting
statewide mandatory water conservation requirements. The Governor’s Executive Order
included a requirement that the State Water Resources Control Board (SWRCB)
impose restrictions to achieve a statewide 25% reduction in potable urban water usage
through February 28, 2016. The required reduction was based upon a comparison to
the amount of water used in 2013. The final regulations adopted by the SWRCB on
May 5, 2015, imposed a 28% water use reduction on the City of Arroyo Grande.
On May 26, 2015 the City Council adopted a Resolution implementing Emergency
Water Shortage Restrictions and Regulations in accordance with California Water Code
Section 350 and Arroyo Grande Municipal Code Section 13.07.030. This action
included the Declaration of a Stage 1 Water Shortage Emergency which included the
implementation of a baseline water amount for each Arroyo Grande water customer
determined by historical use of water during the same billing period of the previous year,
and identified required reductions ranging from 0% to 30%. Commercial customers with
irrigation meter accounts had to reduce water use by 25%. Enforcement provisions
were established with increasingly significant financial penalties for non-compliance.
On April 7, 2017 Governor Brown issued Executive Order B-40-17, which lifted the
drought emergency in all California counties except Fresno, Kings, Tulare and
Tuolumne, and rescinded two emergency proclamations from January and April 2014
and four drought-related executive orders issued in 2014 and 2015.
ANALYSIS OF ISSUES:
The declaration of a water shortage emergency relies on a number of factors, but
essentially comes down to an analysis that water supply will be less than water
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CITY COUNCIL
CONSIDERATION OF ADOPTION OF A RESOLUTION RESCINDING STAGE 1
EMERGENCY WATER USE RESTRICTIONS
APRIL 25, 2017
PAGE 3
demand. Logically, rescinding of the water shortage emergency then depends on an
analysis that water supply will be sufficient to meet water demand.
TWO YEAR WATER SUPPLY AND DEMAND LOOK-AHEAD
As shown on the chart below, the City has total water entitlements of 3,813 acre feet per
year (AFY) from all water sources. In 2016, only 1,948 acre feet of water were used.
Based on assumptions of increased use if the current water restrictions are lifted, it is
projected that water use will increase to 2,200 and 2,500 in the following two years.
Current and Projected Water Supply – Acre Feet per Year (AFY)
Water Supply Source Entitlement 2016
Actual Use
2017
Projected
Use
2018
Projected
Use
Groundwater – Santa
Maria Groundwater
Basin
1,323 165 120 110
Groundwater – Pismo
Formation 200 79 80 100
County of San Luis
Obispo Lopez Reservoir
Project
2,290 1,704 2,000 2,290
TOTAL 3,813 1,948 2,200 2,500
In determining whether current supply will meet the projected demand of 2,200 and
2,500 acre feet, staff looked at the amount of water in Lopez Reservoir as well as the
groundwater supply and consulted with the City’s water partners on the likelihood of
receiving full water entitlements from all sources.
As of April 14, 2017 Lopez Lake is at 61% of storage with 30,267 acre feet of water.
The lake has received 35 inches of rainfall at the dam since July 1, 2016. This
tremendous winter rainfall raised the lake level from 22% to 61%. The Zone 3 Monthly
Operation report is attached (Attachment 1) along with most recent Lopez Reservoir
Storage Projection chart. (Attachment 2) Based on this, the County has indicated it will
be delivering the City’s full entitlement for the next two years.
The sentry well key level index, which provides information on the amount of
groundwater in the groundwater basin, was 10.75’ on April 12, 2017. This is 2.5’ higher
than last year at this time. Based on this groundwater level data, the City can expect to
be able to pump its full entitlement of groundwater.
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CITY COUNCIL
CONSIDERATION OF ADOPTION OF A RESOLUTION RESCINDING STAGE 1
EMERGENCY WATER USE RESTRICTIONS
APRIL 25, 2017
PAGE 4
In conclusion, the City’s water supply is no longer restricted and full entitlements are
available for the next two years. Based on this analysis, it is no longer necessary for the
City to operate under a Stage 1 Water Shortage Emergency.
The Governor’s Executive Order (EO) [B-40-17] removes the drought emergency
(emergency conservation standard/supply stress test) for much of the state, but still
requires various water waste prohibitions (hosing off sidewalks, etc.) and reporting to be
maintained. This EO coincides with the release of the report titled Making Water
Conservation a California Way of Life: Implementing Executive Order B-37-16, which
proposes legislation to implement elements of the Report that are intended to establish
long-term water conservation measures and improved planning for more frequent and
severe droughts.
Applicable highlights of proposed new requirements include:
- Reporting and Water Waste Prohibitions- Continued monthly reporting to the
Water Board and prohibitions on wasteful water practices as a bridge to
permanent requirements to be developed through 2017.
- New Water Use Targets (supersedes SB7’s 20x2020 reduction targets)-
Development of new methodology for water use targets based on indoor and
outdoor water use as well as performance measures for commercial, industrial,
and institutional use. Interim targets becoming applicable in 2018, final standards
by 2021 and compliance by 2025. Will require use of DWR’s urban landscaped
area dataset (under development) to calculate outdoor water use standards
specific to each supplier.
- Minimizing Water Loss- AWWA Water Audits are required to be completed by
October 1, 2017 and annually thereafter. Audits will be validated for performance
standards set by the Water Board by July 1, 2020. DWR will provide technical
assistance and financial assistance through the Drinking Water State Revolving
Fund. The CPUC adopted Resolution W‐5119 ordering large, investor‐owned
water utilities to minimize leaks. The CPUC may grant financial incentives for
minimizing leaks during the review of each utility’s upcoming General Rate Case
application.
- Water Shortage Contingency Planning- Under the proposed legislation, Water
Shortage Contingency Plans will be required to be submitted according to new
standards, 5-year Drought Risk Assessments developed every five years, and
water budget forecasts to be conducted and submitted annually. The Water
Board would establish appropriate compliance and reporting criteria, and provide
assistance to urban suppliers for meeting the requirements.
The City of Arroyo Grande has had a long history of making water conservation a way
of life. The City adopted mandatory conservation measures years before the recent
drought situation. Even so, the City’s residents and businesses responded to the
drought by reducing consumption by 37% compared to the 28% requirement. Clearly,
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CITY COUNCIL
CONSIDERATION OF ADOPTION OF A RESOLUTION RESCINDING STAGE 1
EMERGENCY WATER USE RESTRICTIONS
APRIL 25, 2017
PAGE 5
conservation is engrained in the fabric of the Arroyo Grande community. The
recommended action would not impact the City’s adopted ongoing mandatory
conservation measures; City staff would continue to enforce them.
Ongoing Mandatory Conservation Measures
The existing permanent and mandatory conservation restrictions for Arroyo Grande
residents include the following:
Use of water which results in excessive gutter runoff is prohibited.
No water shall be used for cleaning driveways, patios, parking lots, sidewalks,
streets or other such use except where necessary to protect the public health
and safety.
Outdoor water use for washing vehicles is allowed only with hand-controlled
watering devices.
Outdoor irrigation is prohibited between the hours of 10:00 a.m. and 4:00 p.m.
Irrigation of private and public landscaping, turf areas and gardens is permitted at
even-numbered addresses on Mondays and Thursdays and at odd-numbered
addresses only on Tuesdays and Fridays.
No irrigation of private and public landscaping, turf areas and gardens is
permitted on Wednesdays.
Irrigation is permitted at all addresses on Saturdays and Sundays.
Emptying and refilling swimming pools and commercial spas are prohibited
except to prevent structural damage and/or to provide for the public health and
safety.
Use of potable water for soil compaction or dust control purposes in construction
activities is prohibited.
In addition, the City Council recently amended the permanent and mandatory
conservation restrictions to require water to be served in restaurants only upon request
and hotels are required to display signs in rooms instructing visitors to place towels on
the floor only if they need to be replaced.
Options and Alternatives
OPTION #1 – Rescind the Stage 1 Water Shortage Emergency and rely on the City’s
permanent mandatory water use restrictions to meet the new requirements.
(Recommended)
Given improved local water supply conditions, including the fact that the Lopez
Reservoir level has increased above the 30,000 AF storage level (60%), and improved
groundwater levels, as well as Governor’s action ending the statewide drought
emergency, the conditions are met for the City Council to rescind the City’s Stage 1
Water Shortage Emergency. Adopting the attached Resolution would eliminate the
establishment of the baselines which were assigned to each residential customer based
on their billing tier and corresponding required reduction percentages. The proposed
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CITY COUNCIL
CONSIDERATION OF ADOPTION OF A RESOLUTION RESCINDING STAGE 1
EMERGENCY WATER USE RESTRICTIONS
APRIL 25, 2017
PAGE 6
action would also discontinue the requirement for Commercial customers with irrigation
meter accounts to reduce water use by 25% from the amount of usage of the assigned
baseline water amount. Lastly, the financial penalties established within the Stage 1
Water Shortage Emergency would be rendered unnecessary.
OPTION #2 – Adopt Additional Permanent Restrictions for Outdoor Watering (not
recommended)
There are other tools that may be implemented in addition to or independent of the
proposed Stage 1 Water Shortage Emergency declaration that would achieve additional
water conservation and the Governor’s goal of making water conservation a way of life.
One potential tool is to amend the Arroyo Grande Municipal Code to restrict outdoor
watering to two days per week. Currently, the City restricts watering as outlined above
in the City’s ongoing mandatory water conservation measures. Outdoor watering is not
allowed on Wednesdays. Additional restrictions would include limiting watering to two
days a week only; for example, Tuesdays and Saturdays for one-half of the City and
Wednesdays and Sundays to the other half.
Some jurisdictions have implemented this measure, including the city of Paso Robles,
and it would be consistent with, but not a required component of the Governor’s
recommendations. This measure would likely result in reduced demand in terms of
reducing irrigation especially during summer months. However, a review of reductions
achieved from “no-water Wednesdays” indicate only a small percentage of water is
regularly saved, likely due to additional watering on other days, and further restricting
days may not gain the amount of savings desired. Additionally, the two-day watering
measure would further impede flexibility in terms of the wide diversity in landscape and
customer needs. Additional staffing would also need to be expended on enforcement.
Finally, this option would not allow customers to choose their own methods of water
reduction.
Consequences
The recommended action may result in an increase in water use, causing overall water
demand to increase. Although many Arroyo Grande water customers have implemented
permanent water conservation habits, there will most likely be an increased water
demand if the conservation requirements and associated penalties are no longer in
place. Below is a chart depicting the reduction in per capita water use during the recent
drought and corresponding emergency water use restrictions.
PER CAPITA WATER USE CHART
Average per capita consumption of water per year in Arroyo Grande:
YEAR 2000 2013 2014 2015 2016 2020 Goal
Gallons 193 160 141 113 99 149
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CITY COUNCIL
CONSIDERATION OF ADOPTION OF A RESOLUTION RESCINDING STAGE 1
EMERGENCY WATER USE RESTRICTIONS
APRIL 25, 2017
PAGE 7
It is difficult to speculate how the per capita use will increase, but it would be
unacceptable to the long-term sustainability of the City’s water supply for water use to
return to per capita amounts from the early 2000’s. Following is a chart showing the
average per capita water use from 1996 to present.
Staff will continue to monitor per capita use, along with other measures available to
estimate water use, and will return to the City Council with recommendations for water
conservation efforts should it become necessary. Actions could include augmenting or
revamping public education efforts or other ways of reminding the community about the
need for ongoing conservation.
Another outcome of rescinding the Stage 1 Water Shortage Emergency results in
positive impacts to City staff resources. Significant staffing efforts in the Public Works
and Administrative Services departments have been expended in implementing and
enforcing the Stage 1 actions. Rescinding the Stage 1 Water Shortage Emergency will
allow staff to return to other activities that have been suspended or reprioritized during
the Stage 1 emergency. However, it should be noted that the experience of
implementing and enforcing this water emergency provided valuable processes and
procedures that can be put in place again, should the need arise.
ALTERNATIVES:
The following alternatives are presented for consideration:
1. Adopt the proposed Resolution and rescind the Stage 1 Water Shortage Emergency;
2. Modify and adopt the Resolution;
3. Do not adopt the Resolution and continue with the actions of the Stage 1 Water
Shortage Emergency; or
4. Provide staff other direction.
Item 11.a. - Page 7
CITY COUNCIL
CONSIDERATION OF ADOPTION OF A RESOLUTION RESCINDING STAGE 1
EMERGENCY WATER USE RESTRICTIONS
APRIL 25, 2017
PAGE 8
ADVANTAGES:
The proposed Resolution rescinds mandatory water conservation allocations and
financial penalties for non-compliance. It returns the City to a state of ongoing water
conservation restrictions aimed at making water conservation a way of life. The
discontinuation of the Stage 1 Water Shortage Emergency will also result in a workload
reduction for City staff as a substantial amount of staff time has been devoted to the
management and enforcement of water customer baselines.
DISADVANTAGES:
Water consumption is likely to increase above the amounts used during the past two
years, thus depleting water supplies. Efforts will need to be put in place to monitor
water wasting activities or community-wide excess use in the long term.
ENVIRONMENTAL REVIEW:
There is no environmental review required for this action.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
ATTACHMENTS:
1. The Zone 3 Monthly Operation report
2. Lopez Reservoir Storage Projection chart
Item 11.a. - Page 8
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE RESCINDING THE
DECLARATION OF A STAGE 1 WATER SHORTAGE
EMERGENCY AND RELATED WATER CONSERVATION
MEASURES AND RESTRICTIONS
WHEREAS, on February 24, 2015 the City Council of the City of Arroyo Grande
adopted Ordinance 669, adding Chapter 13.07 to the Arroyo Grande Municipal Code
relating to Emergency Water Shortage Restrictions and Regulations; and
WHEREAS, on May 26, 2015, after holding a noticed public hearing in accordance with
the requirements of Water Code Section 350, et seq and the Arroyo Grande Municipal
Code, the City Council adopted Resolution 4659 declaring a Stage 1 Water Shortage
Emergency, implementing reductions in water usage based upon Historical Use, and
imposing mandatory penalties for failing to meet water use requirements; and
WHEREAS, the Stage 1 Water Shortage Emergency was based upon historic drought
conditions, which negatively impacted the City’s limited water supply which consists of
two primary sources: Lake Lopez and groundwater; and
WHEREAS, on April 1, 2015, the Governor issued an Executive Order directing the
imposition of restrictions on water suppliers to achieve a statewide 25 percent reduction
in potable urban water usage through February 2016, and the implementing regulations
adopted by the State Water Board mandated that the City of Arroyo Grande reduce its
total potable water production by 28 percent for each month as compared to the amount
of water used in the same month in 2013; and
WHEREAS, the 2017 winter weather pattern in Arroyo Grande included persistent
atmospheric rivers that resulted in significant rainfall and runoff, which has brought the
water level at Lake Lopez above 30,000 acre feet and replenished the groundwater
basins; and
WHEREAS, on April 7, 2017 Governor Brown issued Executive Order B-40-17, which
lifted the drought emergency in all California counties except Fresno, Kings, Tulare and
Tuolumne, and rescinded two emergency proclamations from January and April 2014
and four drought-related executive orders issued in 2014 and 2015.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande does resolve, declare, determine, and order as follows:
SECTION 1. The foregoing Recitals are true and correct and are incorporated herein.
Item 11.a. - Page 9
RESOLUTION NO.
PAGE 2
SECTION 2. Based upon the existing water conditions, as described above, the City
Council hereby rescinds the previously declared Stage 1 Water Shortage Emergency.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this Resolution
is for any reason held to be invalid, such determination shall not affect the validity of the
remaining portions of this Resolution. The City Council hereby declares that it would
have passed this Resolution and each and every section, subsection, sentence, clause,
or phrase not declared invalid without regard to whether any portion of the Resolution
would be subsequently declared invalid or unconstitutional.
On motion of Council Member , seconded by Council Member ,
and by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this ______ day of April, 2017.
Item 11.a. - Page 10
RESOLUTION NO.
PAGE 3
JIM HILL, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
ROBERT MCFALL, INTERIM CITY MANAGER
APPROVED AS TO FORM:
HEATHER K. WHITHAM, CITY ATTORNEY
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ATTACHMENT 2
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