SR - ORD-05-14 -September 9, 2014
TO:
THRU:
FROM:
Honorable Mayor and
Members of the City Council
City Manager
Public Works
1. SUBJECT
Ordinance No. 05 -14 — An ordinance of the City Council of the City of Orange approving and adopting
a Water Conservation and Water Supply Shortage Program and Regulations.
2. SUMMARY
In response to drought conditions and as required by Governor Brown, the State Water Resources
Control Board ( SWRCB) approved emergency regulations in an effort to ensure water agencies, their
customers and State residents increase water conservation in urban areas. The City of Orange, as a
water purveyor, is required to implement conservation measures within its service area to comply with
the SWRCB regulations.
13. RECOMMENDATION /ACTION
Adopt Ordinance No. 05 -14 for first reading.
4. FISCAL IMPACT
No Fiscal Impact.
1 5. STRATEGIC PLAN GOALS
lb) Provide for a safe community — Provide and maintain infrastructure necessary to ensure the
safety of the public.
2d) Be a fiscally healthy community - Effectively manage and develop City assets.
6. GENERAL PLAN IMPLEMENTAITON
Infrastructure Element Goal 6.0: Ensure water, sewer, and storm drain systems that meet the
needs of residents and businesses. Policy 1.1: Provide sufficient levels of water, sewer, and
storm drain service throughout the community.
Economic Development Element Goal 6.0: Provide sufficient infrastructure to support
anticipated economic development and growth. Policy 6.1: Provide public improvements to
support commercial, industrial and institutional uses.
ITEM 9 • a 1 09/9/14
7. DISCUSSIONS and BACKGROUND
On January 17, 2014, Governor Brown issued a Proclamation of a State of Emergency asking all
Californian's to reduce water usage by 20 %. He reaffirmed the proclamation on April 25, 2014 and
among other things required the SWRCB to direct urban water suppliers to implement drought response
plans. To comply, the SWRCB approved an emergency regulation on July 15, 2014. The State is
focusing on reducing outside water usage and outside water usage accounts for over 50% of the water
used by most residential customers. The regulation requires water suppliers to promote water
conservation by prohibiting the following activities:
1. Watering of landscape that causes run -off onto adjacent property, non - irrigated areas, private and
public walkways, roadways, parking lots, or structures.
2. Use of a hose to wash an automobile if it is not equipped with a shut -off nozzle.
3. Application of water to any hard surface.
4. Use of a fountain that is not part of a recirculating system.
The proposed Ordinance No. 05 -14 will be considerably less severe than the State alternative. Staff
recommends adopting the Ordinance which puts into place several permanent water conservation
requirements. Staff is not recommending adopting any of the four conservation level's that are included
in the ordinance. Staff believes that the majority of the City of Orange water customers will cooperate
with water conservation efforts through education and firmly believes that the Orange community can
achieve the desired water savings by simply reducing outdoor irrigation. The Ordinance staff is
proposing does provide the City with the ability to fine customers for repeated violations of the
Ordinance. However, staff will continue to focus on community education and outreach and on
providing specific conservation methods that can be implemented to increase conservation efforts.
The City of Orange, as a water supplier, is required to implement a water shortage contingency plan that
imposes mandatory restrictions on outdoor watering. The proposed Ordinance is consistent with the
ordinances passed by most cities and Water Districts in Orange County. The City is required to prepare
monthly reports to the Water Board stating the amount of water produced (pumped from wells and
purchased) in the preceding calendar month and the estimated number of gallons of water used per
person per day.
Should the City fail to implement a water shortage contingency plan that meets at least the minimum
restrictions as adopted by the SWRCB, City water customers, will by default, fall under the more
restrictive State regulation. As an example, the City will be required to limit customers outdoor
watering to two days per week or implement other measures that will result in a reduction in water
consumption by the persons it serves relative to the amount consumed in 2013.
In response to the previous drought the City Council adopted Resolution No. 10407 on October 13, 2009.
This resolution encouraged every City of Orange water customer to voluntarily reduce their water usage
by 10% through proactive water conservation. This resolution is still in effect. It did not mandate any
conservation activity or prohibit any watering activity.
8. ATTACHMENTS
• Ordinance No. 05 -14
ITEM 2 09/9/14
ORDINANCE NO. 5-14
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE ESTABLISHING A WATER
CONSERVATION AND WATER SUPPLY SHORTAGE
PROGRAM AND REGULATIONS THERETO
WHEREAS, a reliable minimum supply of potable water is essential to the public health,
safety and welfare of the people and economy of the southern California region; and
WHEREAS, the State of California is experiencing record dry conditions, with 2014
projected to become the driest year on record; and
WHEREAS, the two main sources of import water, the Colorado River and Northern
California, for the City's major import water supplier, Metropolitan Water District of Southern
California, face continuing drought conditions; and
WHEREAS, Orange County depends on imported water from Northern California and the
Colorado River to meet approximately half of its supply demand; with the balance of the county's
demand being met by local groundwater via a large basin under north and central Orange County,
smaller basins in south Orange County, and through local water recycling and water use efficiency;
and
WHEREAS, a statewide state of emergency due to drought conditions was declared by
Governor Edmund G. Brown, Jr., effective January 17,2014; and
WHEREAS, On July 15, 2014, the State Water Resources Control Board approved an
emergency regulation to ensure water agencies, their customers and state residents increase water
conservation in urban settings or face possible fines or other enforcement; and
WHEREAS, Metropolitan has declared a Water Supply Alert calling for all cities, counties,
member agencies and retails water agencies to implement extraordinary water use efficiency
measures, adopt and implement local drought ordinances to preserve regional storage reserves; and
WHEREAS, a reliable minimum supply of potable water is essential to the public health,
safety and welfare of the people and economy of the Southern California region; and
WHEREAS, Southern California is a semi -arid region and is largely dependent upon
imported water supplies. A growing population, climate change, environmental concerns, and other
factors in other parts of the State and western United States, make the region highly susceptible to
water supply reliability issues; and
WHEREAS, throughout the State water reserves are being drawn out of storage from
reservoirs and from underground basins to meet consumer demand for water; and