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ADOPT AN ORDINANCE AMENDING TITLE 13 CHAPTER 13.28 (WATER CONSERVATION) AND TITLE 13 CHAPTER 13.32 (WATER SHORTAGE EMERGENCIES) OF THE STOCKTON MUNICIPAL CODE, AND APPROVE A RESOLUTION DECLARING A STAGE 2 WATER SHORTAGE EMERGENCY
recommended action
RECOMMENDATION
It is recommended that the City Council:
1. Adopt an ordinance amending Title 13 Chapters 13.28 and 13.32 of the Municipal Code to meet the requirements of the State Water Resources Control Board Resolution updating the stages of water shortage emergency and strategies for the foreseeable future due to severe drought conditions.
2. Adopt a resolution declaring a Stage 2 Water Shortage Emergency in response to the Governor’s Drought Emergency Declaration.
It is also recommended that the City Manager be authorized to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance and resolution.
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Summary
The exceptional drought continues to affect many communities in California. Record low reservoir levels from a dry winter necessitate the need to initiate additional water conservation measures. On March 28, 2022, the Governor issued Executive Order N-7-22, declaring a continued state of emergency due to extreme and expanding drought conditions. In response, the State Water Resources Control Board adopted a resolution to expand the stage of water shortage emergency on May 24, 2022. With this action, it is recommended the City Council adopt a resolution declaring a Stage 2 Water Shortage Emergency requiring a mandatory 20 percent reduction in water use and extend this water conservation requirement through the summer months, or longer if required.
The proposed amendments to the Stockton Municipal Code (SMC) will align the SMC with the State Water Resources Board’s regulations of stages of water shortage emergency and comply with State requirements.
DISCUSSION
Background
In 2021, the Governor issued several drought emergency proclamations across the State due to extreme and expanding drought conditions. The State has faced record warmth and predominantly dry conditions, and the 2021 meteorological summer in California and the rest of the western United States was the hottest on record.
Additionally, early rains in October and December 2021 gave way to the driest January and February in recorded history for the watersheds that provide much of California's water supply. These conditions prompted the Governor to issue Executive Order N-7-22 on March 28, 2022, to protect and mitigate the effects of the drought conditions. On May 24, 2022, the State Water Resources Board adopted an emergency regulation to increase water conservation practices for all Californians and implement strategies to further conserve water and improve drought resiliency.
Present Situation
Stockton’s Water Shortage Emergency regulations contained in Municipal Code Title 13 Chapter 13.28 and 13.32 require revisions to align with the new State Water Resource Board regulations. Staff recommends that Council adopt an ordinance to amend the Municipal Code Title 13 Chapter 13.28 and 13.32 (Attachment A) to update stages of water emergency shortage and adopt a resolution to move from Stage 1 of Water Shortage Emergency Conservation measures to Stage 2. These measures will align the City with the current stage of drought in the State, the Governor’s Executive Order (Attachment B), and the State Water Resources Control Board Resolution (Attachment C).
The proposed amendments to SMC Title 13, Chapter 13.28 and Title 13 Chapter 13.32 are listed in Attachment A - (Proposed Ordinance -Redline).
The adoption of the proposed amendments to Title 13 Chapter 13.28 and Title 13 Chapter 13.32 establishes revised stages of water shortage emergency as follows:
• Stage 1 - Mandatory water conservation, the regulations set out in the Water Conservation Ordinance, Stockton Municipal Code Chapter 13.28 <http://qcode.us/codes/stockton/view.php?cite=chapter_13.28&confidence=6>, as presently enacted or amended shall be enforceable to all water users.
• Stage 2 - Water Shortage Emergency. Upon declaration of the City Council that a Stage 2 water shortage emergency exists, the following regulations shall be applicable to all customers of the City’s water system:
1. Residential Accounts. Residential accounts shall use 20 percent less than the quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period of the base year. Notwithstanding this provision, no residential account shall receive an allocation of less than 600 cubic feet (6 CCF) of water per billing period.
2. Multiple-Family Residential Accounts. Multiple family residences which are served by a single meter shall use 20 percent less than the total quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period during the base year. Notwithstanding this provision, no multiple-family residential account shall receive a monthly allocation of less than 400 cubic feet (4 CCF) of water per unit served on a single meter.
3. Nonresidential Accounts. Nonresidential accounts shall use 20 percent less than the quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period of the base year.
4. Process-Water User Accounts. Process-water users shall use 20 percent less than the quantity of water as recorded by meter during the corresponding billing period during the base year.
• Stage 3 - Water Shortage Emergency. The following regulations shall be applicable to all customers of the City’s water system:
1. Residential Accounts. Residential accounts shall use 30 percent less than the quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period of the base year. Notwithstanding this provision, no residential account shall receive an allocation of less than 600 cubic feet (6 CCF) of water per billing period.
2. Multiple-Family Residential Accounts. Multiple family residences which are served by a single meter shall use 30 percent less than the quantity of water delivered to the customer’s property as recorded by the meter during the corresponding billing period during the base year. Notwithstanding this provision, no multiple-family residential account shall receive a monthly allocation of less than 400 cubic feet (4 CCF) of water per unit served on a single meter.
3. Nonresidential Accounts. Nonresidential accounts shall use 30 percent less than the quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period of the base year.
4. Process-Water User Accounts. Process-water users shall use 30 percent less than the quantity of water as recorded by meter during the corresponding billing period during the base year.
• Stage 4 - Water Shortage Emergency. The following regulations shall be applicable to all customers of the City’s water system.
1. Residential Accounts. Residential accounts shall use 40 percent less than the quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period of the base year. Notwithstanding this provision, no residential account shall receive an allocation of less than 600 cubic feet (6 CCF) of water per billing period.
2. Multiple-Family Residential Accounts. Multiple-family residences which are served by a single meter shall use 40 percent less than the quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period during the base year. Notwithstanding this provision, no multiple-family residential account shall receive a monthly allocation of less than 400 cubic feet (4 CCF) of water per unit served on a single meter.
3. Nonresidential Accounts. Nonresidential accounts shall use 40 percent less than the quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period of the base year.
4. Process-Water User Accounts. Process-water users shall use 40 percent less than the quantity of water as recorded by meter during the corresponding billing period during the base year.
• Stage 5 - Water Shortage Emergency. The following regulations shall be applicable to all customers of the City’s water system.
1. Residential Accounts. Residential accounts shall use 50 percent less than the quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period of the base year. Notwithstanding this provision, no residential account shall receive an allocation of less than 600 cubic feet (6 CCF) of water per billing period.
2. Multiple-Family Residential Accounts. Multiple family residences which are served by a single meter shall use 50 percent less than the quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period during the base year. Notwithstanding this provision, no multiple-family residential account shall receive a monthly allocation of less than 400 cubic feet (4 CCF) of water per unit served on a single meter.
3. Nonresidential Accounts. Nonresidential accounts shall use 50 percent less than the quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period of the base year.
4. Process-Water User Accounts. Process-water users shall use 50 percent less than the quantity of water as recorded by meter during the corresponding billing period during the base year. (Prior code § 9-735)
• Stage 6 - Water Shortage Emergency. The following regulations shall be applicable to all customers of the City’s water system.
1. Residential Accounts. Residential accounts shall use 60 percent less than the quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period of the base year. Notwithstanding this provision, no residential account shall receive an allocation of less than 600 cubic feet (6 CCF) of water per billing period.
2. Multiple-Family Residential Accounts. Multiple family residences which are served by a single meter shall use 60 percent less than the quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period during the base year. Notwithstanding this provision, no multiple-family residential account shall receive a monthly allocation of less than 400 cubic feet (4 CCF) of water per unit served on a single meter.
3. Nonresidential Accounts. Nonresidential accounts shall use 60 percent less than the quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period of the base year.
4. Process-Water User Accounts. Process-water users shall use 60 percent less than the quantity of water as recorded by meter during the corresponding billing period during the base year. (Prior code § 9-735)
SMC Title 13 Chapter 13.28 provides the authority to enforce the provisions of this chapter.
1. A written notice stating the nature of the violation delivered by personal service or by first class mail and by posting in a conspicuous location at said premises.
2. A copy of the notice shall be mailed to the person who is regularly billed for use of water at said premises. The notice shall describe the nature of the violation and order that said violation be corrected, cured or abated immediately or within such specified period as the City believes is reasonable under the circumstances.
3. Upon occurrence of a second violation or failure to immediately correct, cure or abate a violation, a second notice shall be served, ordering the immediate correction, cure or abatement of the violation, and imposing a surcharge of $100.00 per day for each day the violation continues. The surcharge may be added to the next regular billing for water service.
The State Water Resource Board continues to monitor drought conditions throughout the State and may impose additional restrictions at a future date if conditions do not improve.
FINANCIAL SUMMARY
There is no impact to the General Fund, or any other unrestricted fund, from this action.
Attachment A - Proposed Ordinance - Redline
Attachment B - Governor’s Executive Order N-7-22 03/28/2022
Attachment C - State Water Resources Control Board Resolution No. 2022-0018