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JULY 10. 1911
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TO: CITY COUNCIL
FROM: GEOFF ENGLISH, PUBLIC WORKS DIRECTOR
TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: GOVERNOR'S MANDATORY STATEWIDE WATER USE
RESTRICTIONS - POTENTIAL LOCAL IMPACTS
DATE: APRIL 14, 2015
RECOMMENDATION:
It is recommended that the Council receive and comment on a report regarding potential
impacts of Governor Brown's Executive Order B- 29 -15, enacting statewide mandatory
water conservation requirements and approve additional water conservation measures
to be implemented by City staff.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
A yet to be determined impact on staff time will be necessary to implement the
recommended additional water conservation measures. In addition, there will be minor
additional expenses for printing and postage expenses. No additional appropriations
are requested at this time.
BACKGROUND:
On January 17, 2014, Governor Brown issued a proclamation declaring a Drought State
of Emergency for the State of California. Local urban water suppliers and municipalities
were called upon to implement their local water shortage contingency plans. The City
implemented its contingency plan and permanent mandatory conservation measures in
2010. Additionally, a previous statewide water conservation campaign called on
Californians to reduce their water usage by 20 percent by 2020.
At the June 10, 2014 City Council meeting, staff presented comprehensive strategies to
address the City's long -term water supply needs. These strategies included a list of
water conservation programs intended to protect the City's water supply. In addition,
the City Council on February 10, 2015, approved an Ordinance amending the Arroyo
Grande Municipal Code relating to Water Conservation and Emergency Water Shortage
Restrictions and Regulations. This ordinance put in place a framework for establishing
restrictions to be enacted when necessary.
On Wednesday, April 1, 2015, due to ongoing drought conditions and the historical low
Sierra snowpack measurements, the Governor signed Executive Order B- 29 -15,
enacting statewide mandatory water conservation requirements (Attachment #1).
Item 11.c. - Page 1
CITY COUNCIL
GOVERNOR'S MANDATORY STATEWIDE WATER USE RESTRICTION —
POTENTIAL LOCAL IMPACTS
APRIL 14, 2014
PAGE 2
ANALYSIS OF ISSUES:
On Thursday April 2, 2015, the Arroyo Grande Water Shortage Response Team
(Drought Team) called a special meeting to review the Governor's Executive Order
regarding statewide water reductions and to consider the potential impacts on the City
of Arroyo Grande.
The Governor's Executive Order includes 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 is to be
based upon a comparison to the amount of water used in 2013. The 25% reduction will
also be modified for each community based on current per capita water use statistics.
According to preliminary interpretations, those communities that have lower per capita
water use will have a lower percentage reduction requirement.
Staff is analyzing the potential 25% reduction requirement for possible impacts on the
City of Arroyo Grande. The City has already achieved a substantial reduction in per
capita water use rate and are continuing to realize a downward trend in usage based
upon aggressive conservation program efforts. The City's per capita daily water use
has reduced by 12% from 2013 to 2014 as follows:
2000 2013 2014
Gallons per Capita per Day Use: 192 gpd 164 gpd 144 gpd
The Executive Order also contains other provisions of interest to the City, including that
the Department of Water Resources is to partner with local agencies to collectively
replace 50 million square feet of lawns and ornamental turf with drought tolerant
landscaping. As the City Council is aware, the City of Arroyo Grande already has a
program to encourage the replacement of lawns with drought tolerant landscaping. The
Executive Order also provides that the SWRCB is to prohibit irrigation of ornamental turf
on public street medians with potable water; however, that provision does not impact
the City since there currently are no medians with turf.
The Executive Order also states that the SWRCB is to direct urban water suppliers to
develop rate structures and other pricing mechanisms to maximize water conservation.
The City's new rate structure appears to comply with this requirement, since it's based
upon a tiered rate system. Upon initial review, it appears that the Executive Order is
primarily targeting communities that have taken limited water conservation efforts.
Item 11.c. - Page 2
CITY COUNCIL
GOVERNOR'S MANDATORY STATEWIDE WATER USE RESTRICTION —
POTENTIAL LOCAL IMPACTS
APRIL 14, 2014
PAGE 3
Staff will be closely monitoring the expected regulations that the SWRCB will be issuing
in the near future to implement the Governor's Executive Order. The SWRCB has
released the following schedule for development of regulations to implement the
Executive Order:
• Governor issues Drought Executive Order
• Notice announcing release of draft regulatory
framework and request for public comment
• Notice announcing release of draft
regulations for informal public comment
• Emergency rulemaking formal notice
• Board hearing and adoption
April 1, 2015
April 7, 2015
April 17, 2015
April 28, 2015
May 5 or 6, 2015
Until the regulations are published by the SWRCB, staff will not know the specific
measures to implement; however, staff is already taking a number of measures to
insure that we are responding quickly and accordingly. Below is a list of measures that
staff recommends implementing immediately to help accelerate our citywide water
conservation measures:
• Reduce City irrigation rates in all areas by 50% and increase turf mowing heights
from 2 inches to 3 inches to help conserve remaining water.
• Conduct in- person contacts with the City's top 100 water users to offer water
audits and to communicate information about water conservation program
options.
• Place the City's portable message board at various locations in town to remind
the community of "no water days" and similar messages.
• Step up enforcement on water wasters, and engage all staff to observe and
report water use issues. Public Works will assign staff to conduct early hours
neighborhood surveys to identify property owners that violate the City's
landscape watering regulations. Repeat offenders will receive violation notices
and potential citations.
• Mail a reminder notice to all Arroyo Grande water customers about the on -going
mandatory restrictions accompanied by information about the City's water
conservation programs.
• Begin recognizing a monthly Water Conservation Champion, by preparing a
Mayor's Commendation to be presented at a Council meeting each month. The
intent will be to identify and recognize customers who have made commendable
efforts at water conservation.
Staff believes that the water conservation measures previously enacted by the City
Council and the continuing downward trend in water consumption, coupled with the
additional measures listed above are sufficient actions at this time. We also believe
Item 11.c. - Page 3
CITY COUNCIL
GOVERNOR'S MANDATORY STATEWIDE WATER USE RESTRICTION —
POTENTIAL LOCAL IMPACTS
APRIL 14, 2014
PAGE 4
that prior to implementing any mandatory restrictions, it will be helpful to review the
forthcoming regulations from the SWRCB. Staff will provide a presentation at the City
Council meeting on the potential impacts of the Executive Order based on information
acquired in advance of the meeting.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
1. Approve the immediate water conservation measures recommended by staff;
2. Direct additional immediate water conservation measures;
3. Direct staff to draft a Resolution enacting Stage 1 emergency water restrictions; or
4. Provide staff other direction.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, April 9, 2015. The Agenda
and staff report were posted on the City's website on Friday, April 10, 2015. No public
comments were received.
ATTACHMENT:
1. State of California Executive Order B -29 -15
2. EXCERPT FROM WATER BOARD NOTICE- April 2, 2015
Item 11.c. - Page 4
ATTACHMENT 1
Execuidtle Department
State of (zolifontio
EXECUTIVE ORDER B -29 -15
WHEREAS on January 17, 2014, 1 proclaimed a State of Emergency to exist
throughout the State of California due to severe drought conditions; and
WHEREAS on April 25, 2014, 1 proclaimed a Continued State of Emergency
to exist throughout the State of California due to the ongoing drought; and
WHEREAS California's water supplies continue to be severely depleted
despite a limited amount of rain and snowfall this winter, with record low snowpack
in the Sierra Nevada mountains, decreased water levels in most of California's
reservoirs, reduced flows in the state's rivers and shrinking supplies in underground
water basins; and
WHEREAS the severe drought conditions continue to present urgent
challenges including: drinking water shortages in communities across the state,
diminished water for agricultural production, degraded habitat for many fish and
wildlife species, increased wildfire risk, and the threat of saltwater contamination to
fresh water supplies in the Sacramento -San Joaquin Bay Delta; and
WHEREAS a distinct possibility exists that the current drought will stretch into
a fifth straight year in 2016 and beyond; and
WHEREAS new expedited actions are needed to reduce the harmful impacts
from water shortages and other impacts of the drought; and
WHEREAS the magnitude of the severe drought conditions continues to
present threats beyond the control of the services, personnel, equipment, and
facilities of any single local government and require the combined forces of a mutual
aid region or regions to combat; and
WHEREAS under the provisions of section 8558(b) of the Government Code,
I find that conditions of extreme peril to the safety of persons and property continue
to exist in California due to water shortage and drought conditions with which local
authority is unable to cope; and
WHEREAS under the provisions of section 8571 of the California
Government Code, I find that strict compliance with various statutes and regulations
specified in this order would prevent, hinder, or delay the mitigation of the effects of
the drought.
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 Government Code sections 8567 and
8571 of the California Government Code, do hereby issue this Executive Order,
effective immediately.
Item 11.c. - Page 5
IT IS HEREBY ORDERED THAT:
1. The orders and provisions contained in my January 17, 2014 Proclamation,
my April 25, 2014 Proclamation, and Executive Orders B -26 -14 and B -28 -14
remain in full force and effect except as modified herein.
SAVE WATER
2. The State Water Resources Control Board (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. These restrictions should consider the relative per
capita water usage of each water suppliers' service area, and require that
those areas with high per capita use achieve proportionally greater reductions
than those with low use. The California Public Utilities Commission is
requested to take similar action with respect to investor -owned utilities
providing water services.
3. The Department of Water Resources (the Department) shall lead a statewide
initiative, in partnership with local agencies, to collectively replace 50 million
square feet of lawns and ornamental turf with drought tolerant landscapes.
The Department shall provide funding to allow for lawn replacement programs
in underserved communities, which will complement local programs already
underway across the state.
4. The California Energy Commission, jointly with the Department and the Water
Board, shall implement a time - limited statewide appliance rebate program to
provide monetary incentives for the replacement of inefficient household
devices.
5. The Water Board shall impose restrictions to require that commercial,
industrial, and institutional properties, such as campuses, golf courses, and
cemeteries, immediately implement water efficiency measures to reduce
potable water usage in an amount consistent with the reduction targets
mandated by Directive 2 of this Executive Order.
6. The Water Board shall prohibit irrigation with potable water of ornamental turf
on public street medians.
7. The Water Board shall prohibit irrigation with potable water outside of newly
constructed homes and buildings that is not delivered by drip or microspray
systems.
Item 11.c. - Page 6
8. The Water Board shall direct urban water suppliers to develop rate structures
and other pricing mechanisms, including but not limited to surcharges, fees,
and penalties, to maximize water conservation consistent with statewide
water restrictions. The Water Board is directed to adopt emergency
regulations, as it deems necessary, pursuant to Water Code section 1058.5 to
implement this directive. The Water Board is further directed to work with
state agencies and water suppliers to identify mechanisms that would
encourage and facilitate the adoption of rate structures and other pricing
mechanisms that promote water conservation. The California Public Utilities
Commission is requested to take similar action with respect to investor -owned
utilities providing water services.
INCREASE ENFORCEMENT AGAINST WATER WASTE
9. The Water Board shall require urban water suppliers to provide monthly
information on water usage, conservation, and enforcement on a permanent
basis.
10. The Water Board shall require frequent reporting of water diversion and use
by water right holders, conduct inspections to determine whether illegal
diversions or wasteful and unreasonable use of water are occurring, and bring
enforcement actions against illegal diverters and those engaging in the
wasteful and unreasonable use of water. Pursuant to Government Code
sections 8570 and 8627, the Water Board is granted authority to inspect
property or diversion facilities to ascertain compliance with water rights laws
and regulations where there is cause to believe such laws and regulations
have been violated. When access is not granted by a property owner, the
Water Board may obtain an inspection warrant pursuant to.the procedures set
forth in Title 13 (commencing with section 1822.50) of Part 3 of the Code of
Civil Procedure for the purposes of conducting an inspection pursuant to this
directive.
11. The Department shall update the State Model Water Efficient Landscape
Ordinance through expedited regulation. This updated Ordinance shall
increase water efficiency standards for new and existing landscapes through
more efficient irrigation systems, greywater usage, onsite storm water
capture, and by limiting the portion of landscapes that can be covered in turf.
It will also require reporting on the implementation and enforcement of local
ordinances, with required reports due by December 31, 2015. The
Department shall provide information on local compliance to the Water Board,
which shall consider adopting regulations or taking appropriate enforcement
actions to promote compliance. The Department shall provide technical
assistance and give priority in grant funding to public agencies for actions
necessary to comply with local ordinances.
12. Agricultural water suppliers that supply water to more than 25,000 acres shall
include in their required 2015 Agricultural Water Management Plans a
detailed drought management plan that describes. the actions and measures
the supplier will take to manage water demand during drought. The
Department shall require those plans to include quantification of water
supplies and demands for 2013, 2014, and 2015 to the extent data is
available. The Department will provide technical assistance to water
suppliers in preparing the plans.
Item 11.c. - Page 7
13. Agricultural water suppliers that supply water to 10,000 to 25,000 acres of
irrigated lands shall develop Agricultural Water Management Plans and
submit the plans to the Department by July 1, 2016. These plans shall
include a detailed drought management plan and quantification of water
supplies and demands in 2013, 2014, and 2015, to the extent that data is
available. The Department shall give priority in grant funding to agricultural
water suppliers that supply water to 10,000 to 25,000 acres of land for
development and implementation of Agricultural Water Management Plans.
14. The Department shall report to Water Board on the status of the Agricultural
Water Management Plan submittals within one month of receipt of those
reports.
15. Local water agencies in high and medium priority groundwater basins shall
immediately implement all requirements of the California Statewide
Groundwater Elevation Monitoring Program pursuant to Water Code section
10933. The Department shall refer noncompliant local water agencies within
high and medium priority groundwater basins to the Water Board by
December 31, 2015, which shall consider adopting regulations or taking
appropriate enforcement to promote compliance.
16. The California Energy Commission shall adopt emergency regulations
establishing standards that improve the efficiency of water appliances,
including toilets, urinals, and faucets available for sale and installation in new
and existing buildings.
INVEST IN NEW TECHNOLOGIES
17. The California Energy Commission, jointly with the Department and the Water
Board, shall implement a Water Energy Technology (WET) program to deploy
innovative water management technologies for businesses, residents,
industries, and agriculture. This program will achieve water and energy
savings and greenhouse gas reductions by accelerating use of cutting -edge
technologies such as renewable energy - powered desalination, integrated on-
site reuse systems, water -use monitoring software, irrigation system timing
and precision technology, and on -farm precision technology.
STREAMLINE GOVERNMENT RESPONSE
18. The Office of Emergency Services and the Department of Housing and
Community Development shall work jointly with counties to provide temporary
assistance for persons moving from housing units due to a lack of potable
water who are served by a private well or water utility with less than 15
connections, and where all reasonable attempts to find a potable water
source have been exhausted.
19. State permitting agencies shall prioritize review and approval of water
infrastructure projects and programs that increase local water supplies,
including water recycling facilities, reservoir improvement projects, surface
water treatment plants, desalination plants, stormwater capture, and
greywater systems. Agencies shall report to the Governor's Office on
applications that have been pending for longer than 90 days.
Item 11.c. - Page 8
20. The Department shall take actions required to plan and, if necessary,
implement Emergency Drought Salinity Barriers in coordination and
consultation with the Water Board and the Department of Fish and Wildlife at
locations within the Sacramento - San Joaquin delta estuary. These barriers
will be designed to conserve water for use later in the year to meet state and
federal Endangered Species Act requirements, preserve to the extent
possible water quality in the Delta, and retain water supply for essential
human health and safety uses in 2015 and in the future.
21. The Water Board and the Department of Fish and Wildlife shall immediately
consider any necessary regulatory approvals for the purpose of installation of
the Emergency Drought Salinity Barriers.
22. The Department shall immediately consider voluntary crop idling water
transfer and water exchange proposals of one year or less in duration that are
initiated by local public agencies and approved in 2015 by the Department
subject to the criteria set forth in Water Code section 1810.
23. The Water Board will prioritize new and amended safe drinking water permits
that enhance water supply and reliability for community water systems facing
water shortages or that expand service connections to include existing
residences facing water shortages. As the Department of Public Health's
drinking water program was transferred to the Water Board, any reference to
the Department of Public Health in any prior Proclamation or Executive Order
listed in Paragraph 1 is deemed to refer to the Water Board.
24. The California Department of Forestry and Fire Protection shall launch a
public information campaign to educate the public on actions they can take to
help to prevent wildfires including the proper treatment of dead and dying
trees. Pursuant to Government Code section 8645, $1.2 million from the State
Responsibility Area Fire Prevention Fund (Fund 3063) shall be allocated to
the California Department of Forestry and Fire Protection to carry out this
directive.
25. The Energy Commission shall expedite the processing of all applications or
petitions for amendments to power plant certifications issued by the Energy
Commission for the purpose of securing alternate water supply necessary for
continued power plant operation. Title 20, section 1769 of the California
Code of Regulations is hereby waived for any such petition, and the Energy
Commission is authorized to create and implement an alternative process to
consider such petitions. This process may delegate amendment approval
authority, as appropriate, to the Energy Commission Executive Director. The
Energy Commission shall give timely notice to all relevant local, regional, and
state agencies of any petition subject to this directive, and shall post on its
website any such petition.
Item 11.c. - Page 9
26. For purposes of carrying out directives 2 -9, 11, 16 -17, 20 -23, and 25,
Division 13 (commencing with section 21000) of the Public Resources Code
and regulations adopted pursuant to that Division are hereby
suspended. This suspension applies to any actions taken by state agencies,
and for actions taken by local agencies where the state agency with primary
responsibility for implementing the directive concurs that local action is
required, as well as for any necessary permits or approvals required to
complete these actions. This suspension, and those specified in paragraph 9
of the January 17, 2014 Proclamation, paragraph 19 of the April 25, 2014
proclamation, and paragraph 4 of Executive Order B- 26 -14, shall remain in
effect until May 31, 2016. Drought relief actions taken pursuant to these
paragraphs that are started prior to May 31, 2016, but not completed, shall
not be subject to Division 13 (commencing with section 21000) of the Public
Resources Code for the time required to complete them.
27. For purposes of carrying out directives 20 and 21, section 13247 and Chapter
3 of Part 3 (commencing with section 85225) of the Water Code are
suspended.
28. For actions called for in this proclamation in directive 20, the Department
shall exercise any authority vested in the Central Valley Flood Protection
Board, as codified in Water Code section 8521, et seq., that is necessary to
enable these urgent actions to be taken more quickly than otherwise possible.
The Director of the Department of Water Resources is specifically authorized,
on behalf of the State of California, to request that the Secretary of the Army,
on the recommendation of the Chief of Engineers of the Army Corps of
Engineers, grant any permission required pursuant to section 14 of the Rivers
and Harbors Act of 1899 and codified in section 48 of title 33 of the United
States Code.
29. The Department is directed to enter into agreements with landowners for the
purposes of planning and installation of the Emergency Drought Barriers in
2015 to the extent necessary to accommodate access to barrier locations,
land -side and water -side construction, and materials staging in proximity to
barrier locations. Where the Department is unable to reach an agreement
with landowners, the Department may exercise the full authority of
Government Code section 8572.
30. For purposes of this Executive Order, chapter 3.5 (commencing with section
11340) of part 1 of division 3 of the Government Code and chapter 5
(commencing with section 25400) of division 15 of the Public Resources
Code are suspended for the development and adoption of regulations or
guidelines needed to carry out the provisions in this Order. Any entity issuing
regulations or guidelines pursuant to this directive shall conduct a public .
meeting on the regulations and guidelines prior to adopting them.
Item 11.c. - Page 10
31. In order to ensure that equipment and services necessary for drought
response can be procured quickly, the provisions of the Government Code
and the Public Contract Code applicable to state contracts, including, but not
limited to, advertising and competitive bidding requirements, are hereby
suspended for directives 17, 20, and 24. Approval by the Department of
Finance is required prior to the execution of any contract entered into
pursuant to these directives.
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
to 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 15t day of April 2015.
EDMUND G. BROWN JR.
Governor of California
ATTEST:
ALEX PADILLA
Secretary of State
Item 11.c. - Page 11
ATTACHMENT 2
EXCEPT FROM WATER BOARD NOTICE- April 2, 2015
Executive Order provisions on conservation for State Water Board regulation
Mandatory Statewide conservation to achieve 25% reduction in water use:
2. The State Water Resources Control Board (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. These restrictions should
consider the relative per capita water usage of each water suppliers' service area, and
require that those areas with high per capita use achieve proportionally greater
reductions than those with low use. The California Public Utilities Commission is
requested to take similar action with respect to investor -owned utilities providing water
services.
5. The Water Board shall impose restrictions to require that commercial, industrial, and
institutional properties, such as campuses, golf courses, and cemeteries, immediately
implement water efficiency measures to reduce potable water usage in an amount
consistent with the reduction targets mandated by Directive 2 of this Executive Order.
6. The Water Board shall prohibit irrigation with potable water of ornamental turf on
public street medians.
7. The Water Board shall prohibit irrigation with potable water outside of newly
constructed homes and buildings that is not delivered by drip or micro -spray systems.
8. The Water Board shall direct urban water suppliers to develop rate structures and
other pricing mechanisms, including but not limited to surcharges, fees, and penalties,
to maximize water conservation consistent with statewide water restrictions. The Water
Board is directed to adopt emergency regulations, as it deems necessary, pursuant to
Water Code section 1058.5 to implement this directive. The Water Board is further
directed to work with state agencies and water suppliers to identify mechanisms that
would encourage and facilitate the adoption of rate structures and other pricing
mechanisms that promote water conservation. The California Public Utilities
Commission is requested to take similar action with respect to investor -owned utilities
providing water services.
9. The Water Board shall require urban water suppliers to provide monthly information
on water usage, conservation, and enforcement on a permanent basis.
Item 11.c. - Page 12