TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
Erick Lee, Public Works Director
Lou Vargas, Utilities Manager
Nicky Petroff, Management Analyst
SUBJECT:Title
Consideration of the Annual Water Supply and Demand Assessment Pursuant to Water Code Section 10632.1 and Consideration of a Resolution Declaring a Stage 2 Water Shortage and Imposing Drought Restrictions in Accordance with Emergency Water Conservation Regulations Enacted by the State Water Resources Control Board and Municipal Code Section 7.44 (Public Works Director Lee).
(Estimated Time: 30 Min.)
A) RECEIVE AND FILE ASSESSMENT
B) ADOPT RESOLUTION NO. 22-0088
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council receive and file the Annual Water Supply and Demand Assessment and adopt Resolution No. 22-0088 declaring a Stage 2 Water Shortage and imposing drought restrictions in accordance with emergency water conservation regulations enacted by the State Water Resources Control Board and Municipal Code Section 7.44.
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FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action. If Resolution No. 22-0088 is adopted, staff will conduct public outreach via utility bill inserts and web/social media messaging. Additionally, the City will purchase water conservation decals for Public Works vehicles. The funds necessary for these expenditures are available in the Fiscal Year (FY) 2022-2023 Budget.
BACKGROUND:
On January 18, 2022, the City adopted Resolution No. 22-0011, declaring a Stage 1 Water shortage. Since the declaration of Stage 1, California has experienced the driest first three months of a year in the state’s recorded history. As a result, on March 28, 2022, Governor Newsom issued executive order N-7-22 requiring all local water suppliers to move to level 2 of their water shortage contingency plans to achieve up to 20% reduction in water usage. However, the order also encourages up to a 30% reduction.
The City currently imports 96% of its water supply from the Metropolitan Water District of Southern California (MWD), via West Basin Municipal Water District, which depends heavily on imported water. On April 27, 2022, MWD’s board declared a Water Shortage Emergency for the six State Water Project (SWP) dependent areas through an Emergency Water Conservation Program. This program required those six MWD member agencies to immediately reduce outdoor watering to one day per week, or the equivalent, by June 1, 2022. The City of Manhattan Beach is not on the list of agencies dependent on SWP water, as it receives its water through West Basin, which has other water resources that it relies on. However, while the Water Shortage Emergency does not directly affect the City of Manhattan Beach, it is a clear indicator of what is to come for all Southern California cities if drought conditions continue and water is not conserved.
On May 24, 2022, the State Water Resources Control Board (SWRCB) adopted emergency water conservation regulations to ensure more aggressive conservation by local water agencies across the state. Among other provisions, these regulations require the City to implement Stage 2 of its WSCP to achieve a 10% to 20% reduction in water usage and bans irrigating non-functional turf at commercial, industrial, and institutional properties. Non-functional turf is defined by the SWRCB as “a ground cover surface of mowed grass that is ornamental and not otherwise used for human recreation purposes. Non-functional turf does not include school fields, sports fields, and areas regularly used for civic or community events.” The current regulation does not ban the watering of turf located on residential properties and does not prohibit the watering of trees.
DISCUSSION:
California Water Code §10632.1 is a new regulation that requires urban water suppliers to conduct an annual water supply and demand assessment (Annual Assessment) for submission to the Department of Water Resources by July 1 of each year. This Annual Assessment determines the decision-making process for water supply reliability and the ability of the City to use shortage response actions not included in the Water Shortage Contingency Plan (WSCP), as applicable. The Annual Assessment Report documents any anticipated and triggered shortage response actions associated with compliance, enforcement, and communication actions.
Staff has conducted the City’s Annual Assessment according to state guidelines and determined that the City has sufficient supplies available for Fiscal Year 2022-2023. Therefore, a supply shortage does not technically exist in Manhattan Beach. However, the severity of the state’s current drought conditions makes it imperative that all Californians save water in every way possible. The drought emergency is statewide, and conservation is important to extend supplies so that more water is left for the future and for the environment. Therefore, state regulations require the City to move to Stage 2 of its established drought restrictions.
In accordance with the executive order N-7-22 issued by Governor Newsom on March 28, 2022 and emergency water conservation regulations enacted by the State Water Resources Control Board on May 24, 2022, staff recommends that City Council adopt a resolution declaring a Stage 2 Water Shortage and imposing the drought restrictions set forth in Municipal Code Section 7.44.030.B as follows:
“Stage 2 Water Shortage. Upon declaration of a stage 2 water shortage, the following restrictions shall apply to the use of water from the City's water system:
1. No landscape watering with potable water unless a timed sprinkler system is installed or watering is done with a handheld device.
2. Landscape watering with potable water shall be limited to two (2) times per week for not more than fifteen (15) minutes per watering zone from:
a. 6:00 p.m. on Wednesday and 9:00 a.m. the following Thursday; and
b. 6:00 p.m. on Saturday and 9:00 a.m. the following Sunday.
3. This subsection shall not apply to any drip irrigation system, irrigation system maintenance, leak repair or new planting of low water usage plants or if reclaimed water is utilized as permitted by law.”
In accordance with the regulations enacted by the SWRCB, the resolution also includes the following drought restrictions:
“The use of potable water is prohibited for the irrigation of non-functional turf at commercial, industrial, and institutional sites. However, the use of water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need.”
If approved by the City Council, the restrictions outlined above will become effective immediately upon adoption of the resolution and will remain in effect until the City Council determines that a water supply shortage no longer exists or elevates its declaration of a water shortage to a higher stage.
PUBLIC OUTREACH:
A public hearing notification was published in The Beach Reporter on June 2, 2022 & June 9, 2022, inviting public oral and written comments on this item.
The City will implement the following outreach measures associated with the declaration of a Stage 2 Water Shortage:
• Direct communication with high water users to assist them in water conservation efforts.
• Direct communication with commercial, industrial, and institutional sites to encourage compliance with SWRCB regulations regarding the prohibition of irrigating grass in front of or next to large industrial or commercial buildings. This will include specific outreach to the Manhattan Beach Unified School District.
• Direct communication with restaurants to assist them in implementing water conservation programs.
• City website updates to include water rebate information and public education regarding water use.
• Social media posts with water-saving tips.
ENVIRONMENTAL REVIEW:
The City has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary.
LEGAL REVIEW:
The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.
ATTACHMENT:
1. Resolution No. 22-0088
2. Annual Water Supply and Demand Assessment
3. Municipal Code Section 7.44.30
4. PowerPoint Presentation