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AMENDMENT TO TITLE 13 CHAPTER 13.28 OF THE CITY OF STOCKTON MUNICIPAL CODE REGARDING NEW WATER CONSERVATION REGULATIONS
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RECOMMENDATION
It is recommended that the City Council adopt an ordinance amending Title 13 Chapter 13.28 of the Municipal Code. It is also recommended that the City Council declare the need for increased water conservation in response to the Governor's Drought Emergency Declaration, and to meet the requirements of recent State Water Resources Control Board resolutions.
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Summary
The State of California is experiencing a record drought. Stockton residents have done well to conserve water supplies and have saved on average 14 percent per month based on 2013 base water usage. However, the drought continues to deepen and in response, the State Water Resources Control Board on March 17, 2015, adopted expanded emergency water conservation measures to help safeguard the State's remaining water supplies.
The City of Stockton declared a Stage 1 Water Shortage Emergency in April 2014 including a 10 percent reduction in water use and then extended that declaration in September 2014. This declaration authorized the City's water conservation regulations to remain in full force and effect until the City Council finds that a water shortage emergency no longer exists. Currently, the City's water conservation regulations prohibit outdoor watering between the daytime hours of 11:00 a.m. to 6:00 p.m. as well as several other water saving measures.
If approved, this action will adopt an ordinance amending Title 13 Chapter 13.28 of the Municipal Code to include Section 13.28.035 Water Conservation. The new proposed ordinance will include additional water use restrictions to keep the City of Stockton in compliance with State Water Resources Control Board rulings.
DISCUSSION
Background
The City of Stockton's water supply comes from the Delta, the Mokelumne, the Calaveras and Stanislaus rivers together with some groundwater pumping. Stockton East Water District (SEWD) diverts water from the Calaveras and Stanislaus rivers in their water treatment plant for treatment and delivery to the City, San Joaquin County and California Water Services Company. Water treated from these sources comes to the City's service area via pipelines from SEWD and the Delta Water Supply Treatment Plant. Groundwater from approximately 20 wells supplements City water supplies in times of high demand or when surface water supplies are limited due to drought. The multiple wells are dispersed throughout the City's water distribution system in close proximity to the City's customers.
For many years, the urban water suppliers including the City's Municipal Utilities Department, the California Water Service Company and San Joaquin County have made a very conscious effort to promote water conservation throughout the City and reduce groundwater pumping. In the current drought, water deliveries to the City from SEWD have declined due to low water levels in New Melones and New Hogan reservoirs, but water supplies from other sources including the Delta, the Mokelumne River, and as necessary, the groundwater aquifer remain. This has been an important step for the City to develop a water supply portfolio of different water sources to maintain sustainable drought supplies for municipal and industrial uses.
On January 17, 2014, the Governor of California declared and proclaimed a State of Emergency existed due to severe drought conditions (Governor's Proclamation 1-17-2014, Attachment A). On April 1, 2014, the City Council proclaimed a 10 percent voluntary water conservation effort. By April 25, 2014, the Governor issued an executive order to strengthen the State's ability to manage water and habitat effectively in drought conditions and called on all Californian's to redouble their efforts to conserve water. On July 15, 2014, the State Water Resources Control Board (State Water Board) adopted an emergency regulation to increase conservation practices for all Californians that targeted outdoor watering.
On September 23, 2014, the City Council adopted Resolution No. 2014-09-23-1209, thereby matching the City's water conservation ordinance, adopted as Municipal Code Section 13.28, with the State Water Board's emergency mandatory conservation measures. The resolution declared a Stage 1 Water Shortage Emergency for the City's water service areas and extended water conservation measures throughout the entire City until the City Council finds that a water shortage emergency no longer exists. The declaration of the Stage 1 Water Shortage Emergency accomplished the following:
· Prior to the declaration, water conservation measures were in affect during the period of May 1st to November 1st of each year. By declaring the emergency, water conservation measures contained in Stockton Municipal Code Section 13.28 became mandatory and in effect year round.
· The declaration satisfied the State Water Resources Control Board's emergency conservation measures adopted on July 15, 2014.
· The declaration of Stages 2, 3, 4, and 5 emergencies in the future could add further restrictions and allocations to customers of the water utility.
Present Situation
The State of California is in the fourth year of a record drought. The month of January 2015, was the driest in recent history. The State Water Board has stated that water conservation is the easiest, most efficient, and most cost effective way to quickly reduce water demand and extend supplies into the next year. As a result, the State Water Resources Control Board on March 17, 2015, issued Resolution Nos. 2015-0013 and 2015-0015 (Attachment B and C), expanding emergency conservation regulations.
The City's water service area in the past 15 months has conserved on average about 14 percent per month based on the 2013 base water usage. The new requirements from the State Water Board, is for the City's service area to conserve a total of 28 percent monthly. Currently, Municipal Utility Department staff is implementing a large water conservation outreach effort by attending public events, creating a multi-media campaign and meeting with interested stakeholders to promote water conservation awareness.
By adopting the proposed ordinance, the City Council adds Municipal Code Section 13.28.035 to the City's water conservation ordinance to be in compliance with the State Water Resources Control Board's Resolution Nos. 2015-0013 and 2015-0015. If the City Council approves the proposed ordinance, a summary of the City's new and existing year-round water conservation regulations are defined in the following paragraph.
· Exterior irrigation is:
o Prohibited between the hours of 11:00 a.m. to 6:00 p.m.
o Permitted only on Tuesdays and Fridays for addresses that end in an even number.
o Permitted only on Mondays and Thursdays for addresses that end in an odd number.
o Permitted only on Mondays and Thursdays for parcels that do not have a street address.
o Prohibited within 48 hours following a measureable rain event.
o Conducted in such a manner that water does not run off from a premise or is wasted.
· Water leaks shall be corrected within 24 hours after discovery or notification from a water supplier of such condition.
· With the exception of commercial car washing facilities, the washing of cars or boats is permitted only on days and times that exterior irrigation is permitted on the property's address and the use of a positive shut-off nozzle is required.
· Commercial car wash washing facilities are permitted only with the use of reclaimed soap and water solutions.
· Restaurants shall serve water to customers only upon request.
· Hotels and motels must provide guests the option to refuse daily laundering of towels and linens.
· The use of water for cleaning buildings or mobile home exteriors is prohibited except with the use of a bucket and sponge.
· For the purpose of repairing or repainting, the use of a pressurized washing device equipped with a quick acting positive shut-off is allowed.
· Ornamental fountains in public or commercial establishments shall be prohibited unless water is recirculated.
· The use of water to wash driveways, sidewalks, patios, parking lots, aprons and other similar exterior surfaces is prohibited, except with the use of pressurized sidewalk cleaning equipment or for sanitation, public health and safety, and fire protection purposes.
· The draining and/or refilling of all existing swimming pools, whether public, private or commercial shall be prohibited between June 1st and October 1st except for the protection of public health and safety.
· The use of potable water for dust control purposes, except for public health or safety purposes, is prohibited.
· The use of potable water from any fire hydrant is prohibited except by fire protection agencies for fire suppression purposes or by responsible water agencies.
· In the absence of alternate water sources or recycled water sources, potable water from any fire hydrant may be used provided a permit for such use is approved by the Fire Department and the responsible water agency.
· The indiscriminate running of water or washing with water not otherwise prohibited above which is wasteful and without reasonable purpose is unlawful.
The aforementioned restrictions contained in this section shall be effective the entire year, and expire on May 1, 2018.
Enforcement actions by City staff against violators of water conservation measures have mainly consisted of education and outreach efforts. In most situations, when staff have provided outreach and suggested corrections to possible violators, they have compiled with the suggested corrections. However, under the worst case or under repeated violation, staff will inform the City's Code Enforcement staff to address the violation.
The possible issuance of fines and penalties has been reserved for the most egregious violators of water conservation measures. In order to garner compliance within the State, the State Water Board allows water suppliers to fine violators of water conservation measures up to $500.00 for each day in which a violation occurs. In addition, failure by the City to comply with the State Water Board's regulations could be subject to cease and desist orders for violating emergency regulations with fines up to $10,000.00 per day per violation.
The State Water Board will continue to review water conservation savings from water suppliers throughout the state, and depending on the results, may impose additional restrictions in the future.
FINANCIAL SUMMARY
There is no impact to the General Fund, or any other unrestricted fund, from this action.
Attachment A - Governor's Proclamation No. 1-17-2014
Attachment B - State Water Resources Control Board Resolution No. 2015-0013
Attachment C - State Water Resources Control Board Resolution No. 2015-0015