REPORT TO COUNCIL
SUBJECT
Title
Adopt a Resolution Implementing Stage 1 Water Use Prohibitions as Outlined in the City of Sunnyvale Water Shortage Contingency Plan
BACKGROUND
On July 15, the State Water Resources Board (Board) issued a resolution which mandates that water suppliers take a set of actions designed to reduce water consumption. Failure by a water supplier to take these actions can result in fines of up to $10,000 per day.
Any person who violates the above regulations may be cited for an infraction under California Water Code Section 1058.5 and fined up to $500 per day. The Board may initiate enforcement actions against water agencies that do not adopt the appropriate stage of their Water Shortage Contingency Plan. Specifically, the Board may seek an enforcement order against any water agency that fails to comply. During a drought emergency, violation of a Board enforcement order is subject to the aforementioned $10,000 per day fine under Water Code Section 1845. The penalty applies only when there is a violation of a cease and desist order, which can be issued only after a due process notice and hearing.
The Environmental Services Department operates and maintains the City of Sunnyvale's potable water supply system. The City purchases approximately half of its potable water from the San Francisco Public Utilities Commission's (SFPUC) Hetch Hetchy Reservoir located in Yosemite National Park, and half from the Santa Clara Valley Water District (SCVWD), which imports its water from the State Water Project in the Sacramento Delta and the Federal Central Project San Luis Reservoir located on Hwy 152 southeast of Gilroy. The City also has seven active wells and one stand-by well that can produce 7 million gallons per day (mgd), and the City's Water Pollution Control Plant (WPCP) can produce recycled water for irrigation applications.
There are approximately 29,300 connections to the City's potable water system. In FY 2013/14 potable water use averaged 18.4 mgd. Residential water use accounts for 61 percent of the total system demand, with the remainder used by commercial, industrial, institutional, and large landscape irrigation accounts.
As a result of the ongoing three year drought, water supplies to communities across California have been strained. On January 17, 2014, Governor Brown proclaimed a drought state of emergency, and that was followed by the SFPUC and SCVWD calling for water reduction targets of 10 percent and 20 percent respectively.
On June 24, 2014, the Council declared a Water Shortage Emergency (RTC 14-0534) and called for 15% water reduction target. At the time, this was a voluntary action taken by Sunnyvale.
By implementing the Stage 1 actions, which correspond to a 25% goal, Sunnyvale will be in compliance with the new and now mandated Board resolution. However, it is the actions that are required, not the numerical goal. The City will work towards the 25% goal, but that goal does not necessarily have to be attained to be in compliance.
Sunnyvale residents and businesses continue to respond well to the request to save water and, for the last five months since the governor declared an emergency, water use in Sunnyvale is down on average 14.4 percent as compared to the same period in 2013. The City is also developing plans to cut its own water usage by 15 percent by reducing irrigation times, not filling ornamental ponds, increasing irrigation system maintenance, and reducing the amount of ornamental turf at City parks and open spaces. The plan was outlined for Council in an information only item on 8/12/14 (RTC 14-0721).This resolution codifies, and is in support of, these efforts, as well as stricter conservation efforts, should those become necessary in the future.
EXISTING POLICY
General Plan- Environmental Management Chapter
Goal EM-2 Water Conservation
Promote more efficient use of the City's water resources to reduce the demands placed on the City's water supplies
Policy EM-2.1 Lower overall water demand through the effective use of water conservation programs in the residential, commercial, industrial and landscaping arenas.
The proposed Action is also consistent with the requirements of Section 10632 of the California Water Code, and Section 5 of the City's 2010 Urban Water Management Plan (UWMP).
ENVIRONMENTAL REVIEW
The proposed action would implement Stage 1 of the City's Water Shortage Contingency Plan, which is designed to reduce water use by up to 25 percent. The action implements the City's UWMP and meets the requirements of the Board resolution.
The proposed action is exempt from review under CEQA as part of the City's continuing administrative activities to implement the UWMP (CEQA Guidelines section 15378(b)(2)),and because it can be seen with certainty that the action would have no significant effect on the environment (CEQA Guidelines section 15061 (b)(3)). A reduction in water usage will reduce potential environmental effects associated with water use, by reducing surface water import, as well as reducing energy consumption and other impacts associated with water production, distribution, and treatment.
DISCUSSION
On July 15, 2014, the Board approved emergency regulations (Resolution No. 2014-0038, 23 Cal. Code Regs. Sections 863-865) to ensure water agencies, their customers and state residents increase water conservation in urban settings or face possible fines or other enforcement. The new conservation regulation is intended to reduce outdoor urban water use. The regulations adopted by the Board mandate minimum actions to conserve water supplies both for this year and into 2015.
Among other things, the Board directed each urban water supplier to implement the appropriate Stage of its Water Shortage Contingency Plan that imposes mandatory restrictions on outdoor irrigation of ornamental landscapes or turf with potable water. Water suppliers are also required to submit monthly monitoring reports to the Board. (Title 23, Calif. Code of Regulations Section 865.)
The Board regulations also prohibit any person from engaging in the following activities except for health and safety reasons:
(1) The application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures;
(2) The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use;
(3) The application of potable water to driveways and sidewalks; and
(4) The use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system. (Title 23, Calif. Code of Regulations, Section 864)
City of Sunnyvale Water Shortage Contingency Plan
On June 26, 2011 (RTC 11-138), the City Council approved the City's 2010 Urban Water Management Plan (UWMP). In anticipation of water shortages with varied severities, a Water Shortage Contingency Plan (WSCP) was included as Section 5.3 of the UWMP. The WSCP includes a four stage water shortage conservation plan. Each stage includes specific water conservation actions and use restrictions designed to reduce water use by successively greater amount. Implementation of the stages is cumulative, meaning that implementation of a higher stage shall also include implementation of the previous stages. Reduction requirements for each stage are based on a target percent reduction of water usage.
The following details the use restrictions and prohibitions for each stage of reduction:
Water Shortage Contingency- Mandatory Prohibitions
ge No. |
Prohibition |
Stage 1 25% |
· Flooding or runoff on sidewalks, streets or gutters · Cleaning sidewalks, driveways, buildings, patios, parking lots or other paved/hard surfaced areas · Using a hose without a positive automatic self-closing valve for washing cars, buses, boats, or trailers · Use of decorative fountains · Water waste due to broken/defective plumbing, sprinkler, watering or irrigation systems · Restaurant water service unless requested · Landscape irrigation during daylight hours · Hydrant flushing (unless for public health or safety) |
Stage 2 35% |
· All of the above · New installations of plants, shrubs, trees, lawns other growing things · Landscape for mounds, hardscape okay but cannot include living plant materials · New swimming pool or pond construction · Filling or refilling swimming pools (can replace water loss due to evaporation) · Outdoor watering December through March. |
Stage 3 45% |
· All of the above · Watering turf, grass or dichondra lawns (can provide minimal water for sports playing fields) · Golf courses except for tees and greens |
Stage 4 50% or greater |
· All of the above · Landscape irrigation with potable water of any City-owned premises or businesses where recycled water is available for connection. · Utilization of potable water for any City operation where recycled water could be used. |
The proposed action as outlined in the draft resolution (Attachment 1) would implement the prohibitions shown under Stage 1.This action will make Sunnyvale fully compliant with the Board directive.
The only Sunnyvale water use prohibition that differs slightly than that of the Board is the use of decorative fountains. While the Board allows the use of fountains with recirculating systems, Sunnyvale's prohibition does not specifically make such exception. However, staff believes that allowing the use of fountains with recirculating water systems would be consistent with state law and with the goals of the Sunnyvale Water Shortage Contingency Plan. At this time, therefore, staff does not propose to take enforcement action or to discontinue use of fountains with recirculating systems such as the fountain at the Sunnyvale Community Center.
Public Outreach/ Enforcement
The thrust of enforcement of Sunnyvale's conservation program is to solicit cooperation from water customers who are unaware of the restrictions or have failed to comply with the provisions of the ordinance. The Water & Sewer Systems Division added one temporary staff member this summer to work exclusively on water conservation efforts. This staff member has been patrolling the City to identify and provide educational material to residents and businesses that are not using water in an efficient manner. Staff has also been conducting outreach events at strategic locations throughout the City. Thus far, sites for outreach have included the Sunnyvale Public Library, Senior Center, and Columbia Neighborhood Center, as well as the Farmer's Market and outside of Orchard Supply Hardware and Home Depot. Staff continues to work with companies to add additional sites to conduct outreach events. The utility billing envelopes have been updated with drought messages on the outside. City staff continues to work with SCVWD on direct mailers to residents and businesses.
Customers who waste water are normally reported by concerned citizens via e-mail or a phone call. To inform these customers of the need to conserve water, letters are sent to remind them about the drought and citing the City ordinance in an effort to obtain their cooperation. Door hangers that provide drought related information to customers, have also been prepared and are being utilized by ESD staff should they observe water being wasted while they are on duty in the field. If discussions with a customer are unsuccessful in obtaining compliance, enforcement mechanisms are available as described in Municipal Code Chapter 12.34.040.
Sunnyvale residents and businesses have been very cooperative and have responded to written notices. Staff does not recommend any additional enforcement actions such as imposing fines as allowed by the Board at this time.
FISCAL IMPACT
Under the current rate structure, implementation of Stage 1 will likely decrease the Water Division's revenues that are generated from its customer base. In addition to probable revenue reduction, the cost of implementing public outreach and temporary staffing for Stage 1 is estimated at $90,000. The Water Division has sufficient funds in the current operation budget to cover the cost of Stage 1 implementation, and believes that current water fund reserves will be sufficient to cover any revenue decreases. The Water Division will also realize savings in its operation budget due to reduction in wholesale water purchases. Rate recommendations for Fiscal Year 2014/15 take into consideration conservation efforts of 10 percent. The City's water supply contracts with the SFPUC and SCVWD include minimum purchase requirements which have been reduced by 10 percent and 20 percent respectively as a result of the ongoing drought.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City's official-notice bulletin board outside City Hall, at the Sunnyvale Senior Center, Community Center and Department of Public Safety; and by making the agenda and report available at the Sunnyvale Public Library, the Office of the City Clerk and on the City's website.
ALTERNATIVES
1. Adopt a Resolution, presented as Attachment 1, Implementing Stage 1 Water Use Prohibitions as outlined in the City of Sunnyvale Water Shortage Contingency Plan.
2. Provide other direction to staff.
STAFF RECOMMENDATION
Recommendation
Alternative 1: Adopt a Resolution, presented as Attachment 1, Implementing Stage 1 Water Use Prohibitions as outlined in the City of Sunnyvale Water Shortage Contingency Plan
Prepared by: Mansour Nasser, Water & Sewer Systems Division Manager
Reviewed by: John Stufflebean, Director, Environmental Services Department
Reviewed by: Robert A. Walker, Assistant City Manager
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Resolution Implementing Stage 1 Water Use Prohibition Outlined in the Water Shortage Contingency Plan