Report Prepared by: Leah Brown, Water Conservation Coordinator, Public Works
Title
SUBJECT: Report on the Draft 2020 Urban Water Management Plan and Draft Water Shortage Contingency Plan, with the Potential Introduction of an Ordinance Amending Merced Municipal Code Chapter 15.42 - Water Conservation Regulation, Request to Set a Public Hearing for August 2, 2021 for Comments on the Draft Plans and Possible Direction on Future Citywide Conservation Programs and Strategies
REPORT IN BRIEF
Consultant to present the Draft 2020 Urban Water Management Plan and the Draft Water Shortage Contingency Plan. Introduction of an ordinance revising Merced Municipal Code Chapter 15.42-Water Conservation Regulations to comply with the revised California Water Code Section 10631 and guidance by the Department of Water Resources. Request to set a Public Hearing to receive comments on the plans. In addition, staff are seeking direction on future citywide conservation programs and strategy to aide in enhanced water conservation.
RECOMMENDATION
City Council - Adopt a motion:
A. Introducing Ordinance No. 2526, an Ordinance of the City Council of the City of Merced, California, amending sections 15.42.050, “Water conservation levels and prohibitions,“ and 15.42.100 “Prohibited uses - mandatory” of the Merced Municipal Code; and,
B. Setting a Public Hearing for August 2, 2021 to receive comments on the draft plans.
Body
ALTERNATIVES
1. Adopt as recommended by staff; or,
2. Modify the action; or,
3. Continue action until a future City Council meeting, specifying date; or,
4. Deny the action.
AUTHORITY
Charter of the City of Merced, Article II, Section 200, and Article IV, Section 405 of the Merced Municipal Code (MMC), and Article XIII of the California State Constitution in accordance the MMC, Title 15.
California Water Code (CWC) Sections 10610 - 10656 on Urban Water Management Plans (UWMP) allows water suppliers to enact ordinances that prohibit certain uses of water for water conservation purposes.
CITY COUNCIL PRIORITIES
As provided for in the 2021/22 Adopted Budget.
DISCUSSION
In 1993, the Council declared a Water Shortage Emergency and the ordinance, MMC 15.42, restricting some water uses and encouraging water conservation, was created. The City has a history of adjusting this portion of the water system ordinance to reflect the current needs. In 2014, the governor of California issued an emergency drought declaration calling for mandatory water use restrictions; at that time, this ordinance was revised to implement a 2-day per week watering schedule.
In 2017, after years of severe drought had passed, the focus on water conservation throughout California was incorporating conservative practices into daily life and making plans for long-term conservation. The ordinance changed to a multi-leveled approach to conservation as recommended by the Department of Water Resources (DWR). The ordinance was modified to reflect four levels of water conservation:
• Level 1 is always in effect; it defines water waste and prohibits wasteful practices.
• Level 2 is for the current situation, where groundwater is in overdraft. Outdoor watering is allowed only three days per week.
• Level 3 is in case of drought emergency and restricts watering to just two days per week. The water rates adjust to the drought rate schedule at this level.
• Level 4 is reserved for natural disasters or system failure; in this case most outdoor watering would be restricted.
California legislation adopted in 2018, mandates that the UWMPs include a Water Shortage Contingency Plan (WSCP) that provides a detailed proposal for assessing water supply availability and response actions to water shortage conditions. The new requirements prescribe six standard water shortage levels corresponding to progressive ranges of up to 10-, 20-, 30-, 40-, and 50-percent shortages and greater than 50-percent shortage [CWC Section 10632(a)(3)(A)]. Locally appropriate “shortage response actions” for each shortage level, are to be included. To meet the new legislative requirements, revisions to MMC 15.42 are being introduced.
The attached revised red-lined ordinance shows where the intended changes will be inserted.
Here is a summary of the levels and locally appropriate actions:
|
Levels |
% Shortage |
Triggering Events |
Shortage Response Action |
|
1 |
Up to 10% |
Everyday Conservation |
Prohibits wasteful practices. |
|
2 |
Up to 20% |
Overdraft |
Outdoor watering allowed 3-days per week. Watering by persons with even numbered addresses is only allowed on Tuesdays, Thursdays, and Saturdays. Watering by persons with odd numbered addresses is only allowed on Wednesdays, Fridays, and Sundays. Watering is allowed before 9 a.m. or after 9 p.m. on your days. |
|
3 |
Up to 30% |
Drought |
Outdoor watering allowed 2-days per week. Watering by persons with even numbered addresses is only allowed on Tuesdays and Saturdays. Watering by persons with odd numbered addresses is only allowed on Wednesdays and Sundays. Water Rates change to the Drought Water Rate Schedule. |
|
4 |
Up to 40% |
Ongoing drought |
Outdoor watering allowed-1 day per week. Watering by persons with even numbered addresses is only allowed on Saturdays. Watering by persons with odd numbered addresses is only allowed on Sundays. Landscape irrigation leaks detected by the City should be fixed as soon as reasonably possible. |
|
5 |
Up to 50% |
Ongoing drought or system emergency |
Outdoor watering not allowed, except for minimal maintenance watering in parks, active playing fields, schools, and cemeteries. Landscape irrigation leaks detected by the City should be fixed within 48 -72 hours. |
|
6 |
> 50% |
Catastrophe |
Outdoor watering prohibited. |
For each level the non-conflicting parts of the previous levels apply. For example, during level 3 and 4, the time of day to water remains as in level 2, “before 9 a.m. or after 9 p.m.” The Drought Water Rate Schedule begins in level 3 and continues into the subsequent levels.
The City of Merced is currently in level 2, outdoor watering is allowed three days per week. Applicable level(s) of water conservation is based upon the condition of the groundwater basin determination of the California Department of Water Resources then in effect, when the governor has declared a state of emergency due to drought or by resolution of the City Council based upon a recommendation by the Director of Public Works. The ordinance revisions clarify that all adjustments to the level of conservation are at the city council’s discretion.
Each year beginning in 2022, the City is required to submit to the Department of Water Resources an updated Annual Water Supply and Demand Assessment (AWSDA) and an Annual Water Shortage Assessment Report (AWSAR). These new reports are due to DWR on or before July 1. Based on the AWSDA, the AWSAR will include recommendations for triggered shortage response actions, consistent with the WSCP. Therefore, at a minimum, the council will consider the water conservation level annually.
Other conservation strategies the City Council could employ to incentivize water increased water conservation include the implementation of various local programs for residents and commercial customers. Several examples throughout California include the following possible programs:
• Flat Rate Turf Replacement - Removal of lawns that require regular watering to be replaced by drought-tolerant landscaping
• Low-flow Toilet Replacements
• Water Efficiency Appliance Rebates
• Pool Cover Rebates
• Irrigation Control Installation Rebates
In addition to the above options, the City Council could also request that staff evaluate grass park strips for removal and replacement with drought-tolerant landscaping. This would need to be completed over the summer and would be brought back to the Council for further direction.
Staff is requesting to set a Public Hearing for August 2, 2021, to allow for public comment on the draft plans prior to Council adoption. In addition, staff is seeking direction on the various programs and conservation strategies outlined above for consideration.
IMPACT ON CITY RESOURCES
No appropriation of funds is needed at this time
ATTACHMENTS
1. Amended Ordinance, Chapter 15.42 Water Conservation Regulation
2. Current Ordinance, Chapter 15.42 - REDLINED