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HomeMy WebLinkAboutStaff Report 4.C 05/16/2016i DATE: May 16, 2016 TO: FROM: Agenda Item #4.0 Honorable Mayor and Members of the City Council through City Manager Dan St. John, F.ASCE — Director, Public Works and Utilities Leah G. Walker, P.E. — Environmental Services Manager SUBJECT: Introduction of Ordinance (First Reading) Amending Water Conservation Regulations Contained in Section 15.17.070 of the Petaluma Municipal Code to Include Additional Regulations on Water Waste. RECOMMENDATION It is recommended that the City Council Introduce an Ordinance to Amend Water Conservation Regulations contained in Section 15.17.070 of the Petaluma Municipal Code to Include Additional Regulations on Water Waste. BACKGROUND The City's Water Conservation Regulations are revised periodically to enhance the water conservation program, ensure consistency with regulatory requirements, or to reflect present practices. Doing so provides the Public Works and Utilities Department with authority to conduct appropriate and required activities. This action addresses the City's Water Conservation Regulations contained in Petaluma Municipal Code (PMC) Chapter 15.17.070, water waste prohibition. In accordance with State requirements, the City of Petaluma is required to adopt an updated Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP) every 5 years. The Council is scheduled to adopt the 2015 UWMP and WSCP on May 16, 2016. California has experienced four years of severe drought. Governor Edmond G. Brown, Jr. has issued several executive orders to address the drought between January 2014 and February 2016. The City Council has adopted several resolutions between March 3, 2014 and June 1, 2015 in response to Governor Brown's orders, and as mandated by the State Water Resources Control Board ( SWRCB). On May 5, 2015, new emergency regulations for water conservation were enacted by the SWRCB by Resolution No. 2015 -0032. The new regulations required the City to adopt additional prohibitions and requirements on potable water use that were not found in the 2011 WSCP or in the City's Water Conservation Regulations. On June 1, 2015, the Petaluma City Council adopted Resolution 2015 -075 authorizing the City Manager to implement the City's WSCP, Stage 2 with amendments, repealing and replacing Resolution 2014 -141. Through the experience the City has gained by enacting the amended Stage 2, some areas were identified that could be changed to enhance the WSCP and the City's Water Conservation Regulations. DISCUSSION Due to the recent drought in California, the City of Petaluma has implemented several stages of its WSCP. The City's WSCP, Stage 2 with amendments was adopted on June 1, 2015. The City's experience with implementing Stage 2 of the WSCP identified several issues in the WSCP and the water waste ordinance contained in the Water Conservation Regulations in PMC Section 15.17.070. The issues identified are as follows: 1. The SWRCB required the City to adopt a prohibition on landscape irrigation within 48 hours after rainfall. This prohibition was not in the City's prior WSCP, but was included in the Stage 2 Modified Resolution adopted on June 1, 2015. Upon further consideration and the City's experience with implementing Stage 2, it was determined that this prohibition should be a year -round requirement, not a requirement solely in a time of drought. 2. The current Water Conservation Regulations state that outdoor pool and spa covers are required, but there is no mandate that the covers be used. This action will require that City -owned pools, and privately owned outdoor pools and spas be covered during non - business hours or while not in use. These actions are consistent with the 2015 emergency regulations enacted by the SWRCB. Amending the City's Water Conservation Regulations to include the 2015 emergency regulations as a year -round requirement will enhance the water conservation program by increasing water savings year - round. These actions are intended to be a useful tool for staff in addressing water waste with residents. These actions are consistent with the 2025 General Plan goal 8 -G -5 to "maximize water conservation measures to improve water use efficiency and reduce overall water demand ". FINANCIAL IMPACTS There are no financial impacts associated with the recommended ordinance amendments. ATTACHMENTS 1. Ordinance 2 EFFECTIVE DATE OF ORDINANCE Introduced by ORDINANCE NO. 2016 -XXX N.C.S. Seconded by ORDINANCE AMENDING WATER CONSERVATION REGULATIONS CONTAINED IN SECTIONS 15.17.070 OF THE PETALUMA MUNICIPAL CODE WHEREAS, the City of Petaluma is updating its Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP) in accordance with State requirements; and WHEREAS, California has experienced four years of severe drought; and WHEREAS, Petaluma residents have been responsive in reducing water demands during this drought period; and WHEREAS, a review of the City's Water Conservation Regulations and WSCP identified additional actions that would result in enhanced water conservation savings; and WHEREAS, adopting this ordinance will assist the City in meeting the 2025 General Plan goal 8 -G -5 to "maximize water conservation measures to improve water use efficiency and reduce overall water demand "; and NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Petaluma hereby as follows: Section 1. The foregoing recitals are true and correct and incorporated by reference. Section 2. Section 15.17.070 of the Municipal Code is hereby amended as follows: 15.17.070 Water waste prohibitions. The purpose of this section is to promote water conservation and efficient use of potable water furnished by the city of Petaluma by eliminating nonessential water use and intentional or unintentional water waste when a reasonable alternative solution is available and by prohibiting the use of water equipment that is wasteful. A. Nonessential Uses Defined and Prohibited. No customer of the city shall use or permit the use of potable water from the city for residential, commercial, institutional, industrial, agricultural, or other purpose for the following nonessential uses: 1. The washing of sidewalks, walkways, driveways, parking lots and other hard - surfaced areas by direct hosing not equipped with a shutoff nozzle, except as may be necessary to properly dispose of flammable or other dangerous liquids or substances and /or to prevent or eliminate materials dangerous to the public health and safety; 2. The escape of water through breaks or leaks within the customer's plumbing or private distribution system for any substantial period of time within which such break or leak should reasonably have been discovered and corrected. It shall be presumed that a period of one hour to stop the flow of water from such break or leak after the consumer discovers such a break or leak or receives notice from the city, and seventy -two hours to correct such break or leak after the consumer discovers such a break or leak or receives notice from the city, is a reasonable time period; 3. Irrigation in a manner or to the extent that allows runoff of water or over -spray of the areas being irrigated. Every customer is deemed to have their irrigation system under control at all times, to know the manner and extent of their water use and any runoff and overspray, and to employ available alternatives to apply irrigation water in an efficient manner; 4. Application of potable water to outdoor landscapes during and within 48 hours after measureable rainfall; 5. Washing cars, boats, trailers, or other vehicles, equipment and machinery directly with a hose not equipped with a hose -end shutoff nozzle; 6. Using water for nonrecycling water features; 7. Using water for single pass evaporative cooling systems for air conditioning in all connections installed after July 1, 2001, unless required for health or safety reasons; 8. Using water for new nonrecirculating conveyor car wash systems; self - service car wash spray wands shall emit no more than three gallons of water per minute; 9. Using water for new nonrecirculating industrial clothes washing systems; 10. Dedicated irrigation accounts exceeding the allocated water budget by more than twenty percent in any billing period. B. Pressure Regulation. A pressure - regulating valve shall be installed and maintained by the consumer if static service pressure at the meter exceeds eighty pounds per square inch. The pressure - regulating valve shall be located between the meter and the structure valve, and set at not more than sixty pounds per square inch when measured at the structure valve. This requirement may be waived if the consumer presents evidence satisfactory to the city that high pressure is necessary in the design and that no water will be wasted as a result of high - pressure operation. C. Swimming Pool and Spa Covers. Outdoor swimming pools and spas are to be covered during non - business hours or while not in use. M D. Exempt Water Uses. All water use associated with the operation and maintenance of fire suppression equipment or employed by the city for water quality flushing and sanitation purposes shall be exempt from the provisions of this section. Use of water supplied by a private well or from properly authorized recycled water, gray water, or rainwater catchment system is also exempt.