STAFF REPORT
Meeting Date: February 8, 2022
To: Honorable Mayor & City Council
From: Robert Welch, Utilities General Manager
Debby Figoni, Water Conservation Administrator
Subject: Resolution of the Council of the City of Beverly Hills Declaring a Drought
Attachments: 1. State of California Notice of Approval of Emergency Regulatory Action
2. Resolution
INTRODUCTION
On October 19, 2021, only four years after the 2014-2017 California drought was called off, Governor Gavin Newsom released an Executive Order, which expanded the statewide drought declaration to include all of California. Adel Hagekhalil, General Manager of the Metropolitan Water District of Southern California, responded to this Executive Order with a press release explaining that, “As California faces some of the driest conditions we’ve ever seen, we need a united, statewide response.” December 2021 brought ample rain to Northern and Southern California and several feet of snowpack to the Sierra Nevada. Despite receiving this precipitation, the State’s reservoirs are predominately still under the historical average mark, with Lake Oroville at 46% of its total capacity and 80% of historical average as of January 27, 2022. In addition, January 2022 has been a dry month for all of California.
The responsive Beverly Hills water customers continue to do an excellent job using water efficiently achieving an average twenty percent (20%) reduction in potable water use since 2017, through permanent restrictions and water efficiency programs.
DISCUSSION
The present situation is similar to eight years ago, when on January 17, 2014, Governor Brown declared a drought state of emergency in California. In response to the drought of 2014 to 2017, the City of Beverly Hills implemented water conservation Stage C by Resolution No. 17-R-13135 calling for a 20% reduction on April 20, 2017. This declaration included enforcement of outdoor watering regulations, limited outdoor watering days and continuing to uphold the State’s watering restrictions.
BEVERLY
HILLS
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Meeting Date: February 8, 2022
Emergency regulations issued by the State of California Department of Water Resources from the 2014 to 2017 drought have stayed in effect and have been adopted in the City’s Permanent Water Restrictions Use Restrictions and Water Waste Prevention, Title 9, Chapter 4, Article 2. They are continually enforced and are as follows: Restrict outdoor watering Prohibit washing down of driveways and sidewalks
Prohibit watering of outdoor landscapes that cause excess runoff Use a shut-off nozzle when washing vehicles Prohibit use of potable water in a fountain or decorative water feature, unless the water is recirculated
At the October 5, 2021, Public Works Commission meeting, the Commission created a Water Ad Hoc Committee consisting of Chair Alpert and Commissioner Greer to discuss and respond to the statewide drought. The Water Ad Hoc reviewed the present water conditions and staff’s plan to expand and enhance the Drought Outreach Plan for the City’s residents, businesses and visitors.
At the November 10, 2021, Public Works Commission Meeting, the Drought Outreach Plan was presented and the Commission requested staff go before City Council with a Declaration acknowledging the present drought and to increase water enforcement measures. The City will stay in the present Water Conservation Stage C, Resolution No. 17-R-13135 adopted by City Council on April 20, 2017, with staff increasing enforcement of water waste. The Drought Outreach Plan also includes: Elevating the urgency. A direct mail postcard to single family homes signed by the Mayor, City Manager, Public Works Director and/or the City’s Water Conservation Administrator. A direct mail letter specifically messaged for hotels, restaurants, HOA’s and apartment complexes signed by the Mayor, City Manager, Public Works Director and/or the City’s Water Conservation Administrator. Expanding social media posts with multiple action based messages. Presenting a drought update to all City Commissions, as well as community groups including the Apartment Association, the Beverly Hills Unified School District and others. Placing more articles in local papers, including community groups. Partnering with larger residential landscape companies on irrigation efficiency. Posting signage at City parking garages. Creating signage for City vehicles. Use of the City’s Customer Relations group for messaging and support. Reducing irrigation at City parks with less days and less minutes. Performing irrigation audits at City parks to improve efficiency. Expanding outreach to gardeners (in English and Spanish) and landscape companies. Teaching more water wise landscaping workshops. Training City staff working on new landscape approval inspections.
Meeting Date: February 8, 2022
To support the present drought, City Council, with the oversight of the Director of Public Works, will continue to enforce the Water Conservation Stage C measures and Water Conservation Plan as implemented by Resolution No. 17-R-13135 as follows:
Water Conservation Stage C Requirements:
1. A Stage C shortage shall be declared when the City Manager determines that a twenty percent (20%) reduction in potable water use is required.
2. Stage C compliance elements shall include the following mandatory elements:
a. All public restrooms in the City and private bathrooms in hotels shall have signage notifying patrons and employees of water conservation goals; b. Water usage from fire hydrants shall be limited to firefighting, related activities or other activities necessary to maintain the public health, safety and welfare;
c. Landscape irrigation shall be restricted to selected days and times as determined by the City Manager, unless such irrigation uses reclaimed wastewater. Restaurants shall serve water upon request only. 3. Violations by any person of the Stage C mandatory requirements will result in a misdemeanor, infraction or an administrative citation.
Water Conservation Plan as implemented by Resolution No. 17-R-13135:
1. During the months of October through May, outdoor watering shall occur a maximum of two (2) day per week as follows:
a. North of Santa Monica Boulevard – Monday and Friday
b. South of Santa Monica Boulevard – Tuesday and Saturday
2. During the months of June through September, watering shall occur a maximum of three (3) days per week as follows:
a. North of Santa Monica Boulevard – Monday, Wednesday and Friday b. South of Santa Monica Boulevard – Tuesday, Thursday and Saturday All of Stage C existing requirements in the Municipal Code Section 9-4-304, Requirements for Water Conservation Stages will be enforced, as will all of the Municipal Code Section 9-4-201, Permanent Water Use restrictions and water waste preventions.
FISCAL IMPACT
None at this time. However, it may result in decreased revenue as conservation increases. If the drought persists and mandatory conservation measures intensify, the City’s rate stabilization rates may be implemented to address revenue loss.
RECOMMENDATION
It is recommended that City Council review a resolution declaring a drought and promoting water efficiency through increased education and enforcement of water Meeting Date: February 8, 2022
conservation measures. This item is included in the City Council formal meeting agenda on February 8, 2022, for City Council action.
Shana Epstein,
Director of Public Works
Approved By
Attachment 1
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
PROCLAMATION OF A STATE OF EMERGENCY
WHEREAS climate change continues to intensify the impacts of droughts on our communities, environment, and economy, and California is in a second consecutive year of dry conditions, resulting in drought in all parts of the State and extreme or exceptional drought in most of the State; and
WHEREAS the meteorological summer in California and the rest of the western United States was the hottest on record; and WHEREAS on April 12, 2021, May l 0, 2021, and July 8, 2021, I proclaimed states of emergency to exist in the counties of Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Inyo, Kern, Kings, Lake, Lassen, Madera, Mariposa, Marin, Mendocino, Merced, Modoc, Mono, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo, and Yuba, due to severe drought conditions; and WHEREAS since my July 8, 2021 Proclamation, sustained and extreme high temperatures have increased water loss from reservoirs and streams, increased demands by communities and agriculture, and further depleted California's water supplies; and
WHEREAS the counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Francisco, and Ventura are now experiencing severe drought conditions; and
WHEREAS long-term weather forecasts for the winter rainy season, dire storage conditions of California's largest reservoirs, low moisture content in native vegetation, and parched soils, magnify the likelihood that drought impacts will continue in 2022 and beyond; and WHEREAS the increasing frequency of multiyear droughts presents a significant risk to California's ability to ensure adequate water supplies for communities, agriculture, and fish and wildlife; and
WHEREAS the most impactful action Californians can take to extend available supplies is to re-double their efforts to voluntarily reduce their water use by 15 percent from their 2020 levels by implementing the commonsense measures identified in operative paragraph l of my July 8, 2021 Executive Order N-10-21; and
WHEREAS it is necessary to expeditiously mitigate the effects of the drought conditions to ensure the protection of health, safety, and the environment; and
WHEREAS under Government Code Section 8558(b), I find that the conditions caused by the drought, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single local government and require the combined forces of a mutual aid region or regions to appropriately respond; and WHEREAS under Government Code Section 8625( c), I find that local authority is inadequate to cope with the drought conditions; and WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code Section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of the drought conditions.
NOW THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Section 8625, HEREBY PROCLAIM A STATE OF EMERGENCY to exist in the State due to drought in the remaining counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Francisco, and Ventura, such that the drought state of emergency is now in effect statewide.
IT IS HEREBY ORDERED THAT:
1. All agencies of the state government are to utilize and employ state personnel, equipment, and facilities for the performance of any and all activities consistent with the direction of the Governor's Office of Emergency Services and the State Emergency Plan. Also, to protect their safety, all residents are to obey the direction of emergency officials with regard to this emergency in order to protect their safety.
2. The orders and provisions contained in my April 21, 2021, May 10, 2021, and July 8, 2021 Proclamations remain in full force and effect, except as modified herein. State agencies shall continue to implement all directions from those Proclamations and accelerate implementation where feasible.
3. Operative paragraphs 3, 5, 6, and 10 of my July 8, 2021 Proclamation are withdrawn and replaced with paragraphs 4 through 8 below.
4. Consistent with the policies stated in Water Code Section 1 Ol 1.5(a), local agencies are encouraged to take actions to coordinate use of their available supplies and to substitute an alternate supply of groundwater from existing groundwater wells for the unused portion of surface water that the local agency is otherwise entitled to use.
For actions taken pursuant to this paragraph, the provisions of Chapter 3 ( commencing with Section 85225) of Part 3 of Division 35 of the Water Code and regulations adopted pursuant thereto are suspended for any (a) actions taken by state agencies pursuant to this paragraph, {b) actions taken by a local agency where the state agency with primary responsibility for implementing the directive concurs that local action is required, and (c) permits or approvals necessary to carry out actions under (a) or (b). The entities implementing this paragraph shall maintain on their websites a list of all activities or approvals that rely on the suspension of the foregoing Water Code provisions.
5. To support voluntary approaches where hydrology and other conditions allow, the State Water Resources Control Board (Water Board) shall expeditiously consider water transfer requests. For purposes of carrying out this paragraph, the following requirements of the Water Code are suspended:
a. Section l 726(d) requirements for written notice and newspaper publication, provided that the Water Board shall post notice on its website and provide notice through
electronic subscription services where interested persons can request information about temporary changes; and
b. Section l 726(f) requirement of a 30-day comment period, provided that the Water Board shall afford a 15-day
comment period.
6. As necessary to assist local governments and for the protection of public health and the environment, state agencies shall enter into contracts to arrange for the procurement of materials, goods, and services necessary to quickly assist with the response to and recovery from the impacts of the drought. Applicable provisions of the Government Code and the Public Contract Code, including but not limited to travel, advertising, and competitive bidding requirements, are suspended to the extent necessary to address the effects of the drought. Approval of the Department of Finance is required prior to the execution of any contract entered into pursuant to this provision.
7. To proactively prevent situations where a community runs out of drinking water, the Water Board, the Department of Water Resources, the Office of Emergency Services, and the Office of Planning and Research shall assist local agencies with identifying acute drinking water shortages in domestic water supplies, and shall work with local agencies in implementing solutions to those water shortages.
8. To preserve the State's surface and groundwater supplies and better prepare for the potential for continued dry conditions next year, local water suppliers are directed to execute their urban Water Shortage Contingency Plans and agricultural Drought Plans at a level appropriate to local conditions that takes into account the possibility of a third consecutive dry year. Suppliers shall ensure that Urban and Agricultural Water Management Plans are up to date and in place.
9. The Water Board may adopt emergency regulations, as it deems necessary, to supplement voluntary conservation by prohibiting certain wasteful water practices. Wasteful water uses include:
a. The use of potable water for washing sidewalks, driveways, buildings, structures, patios, parking lots, or _other hardsurfaced areas, except in cases where health and safety are at risk.
b. The use of potable water that results in flooding or runoff in gutters or streets.
c. The use of potable water, except with the use of a positive shut-off nozzle, for the individual private washing of motor vehicles.
d. The use of water to irrigate turf and ornamental landscapes during and within 48 hours after measurable rainfall of at least one-fourth of one inch of rain.
e. The use of potable water for irrigation of ornamental turf on public street medians.
f. The use of potable water for street cleaning or construction purposes, unless no other source of water or other method can be used or if necessary, to protect the health and safety of the public.
g. The use of potable water for decorative fountains or the filling or topping-off of decorative lakes or ponds, with exceptions for those decorative fountains, lakes, or ponds which utilize recycled water.
10. The California Department of Food and Agriculture, in collaboration with other relevant state agencies, shall evaluate water efficiency measures implemented in California agriculture over the past · several years and develop a report with recommendations on how to further increase efficiencies.
11. The Office of Emergency Services shall provide assistance under the authority of the California Disaster Assistance Act, Government Code section 8680 et seq.. and California Code of Regulations, title 19, section 2900 et seq.. as appropriate to provide for, or in support of, the temporary emergency supply, delivery, or both of drinking water or water for sanitation purposes.
12. For purposes of carrying out or approving any actions contemplated by the directives in operative paragraphs 5, 6, and 9, the environmental review by state agencies required by the California Environmental Quality Act in Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division are hereby suspended to the extent necessary to address the impacts of the drought.
For purposes of carrying out the directive in operative paragraph 4 and 7, for any (a) actions taken by the listed state agencies pursuant to that directive, (b) actions taken by a local agency where the Office of Planning and Research concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b), Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division are hereby suspended to the extent necessary to address the impacts of the drought. The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.
This Proclamation is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.
I FURTHER DIRECT that as soon as hereafter possible, this Proclamation be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Proclamation.
IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
ATTEST:
SHIRLEY N. WEBER, PH..D.
Secretary of State
Attachment 2
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B0785-0001\2616790v2.doc
RESOLUTION NO. 22-R- ________
RESOLUTION OF THE COUNCIL OF THE CITY OF
BEVERLY HILLS DECLARING A DROUGHT
RECITALS
WHEREAS, the City of Beverly Hills declared Stage C Water Conservation in 2017 via Resolution 17-R-13135 (the “2017 Resolution”), and is declaring a drought while maintaining existing conservation measures.
WHEREAS, Southern California has entered another severe drought less than five years after ending the 2017 drought.
WHEREAS, on September 2, 2014, the City Council adopted Resolution No. 14-R-13007 which enacted Stage “B” of the City’s Emergency Water Conservation Plan in response to the State’s regulations, calling for a 10% reduction, with the inclusion of the State outdoor watering regulations, and restricted outdoor watering to three times per week.
WHEREAS, on April 1, 2015, Governor Brown signed Executive Order B-29-15, directing the State Water Resources Control Board to impose restrictions to achieve a statewide 25 percent reduction in potable urban water usage through February 2016, as compared to the amount used in 2013. The State Water Resources Control Board released a framework, outlining reduction targets from 8% to 36% for each water supplier, with Beverly Hills eventually reduced to a 32% reduction target.
WHEREAS, the City of Beverly Hills adopted and implemented water conservation Stage D on May 5, 2015 by Resolution No. 15-R-13037 in response to the State’s regulations, calling for a 30% reduction, including enforcement of State outdoor watering regulations, and limited outdoor watering to two times per week.
WHEREAS, on November 13, 2015, Governor Brown issued Executive Order B-36-15 (EO B-36-15) calling for an extension of urban water use restrictions until October 31, 2016, should drought conditions persist through January 2016.
WHEREAS On May 9, 2016, Governor Brown issued Executive Order B-37-16 directing actions aimed at using water wisely, reducing water waste, and improving water use efficiency.
The Executive Order, in part, directed the State Water Resources Control Board to adjust emergency water conservation regulations through the end of January 2017, and make adjustments in recognition of the differing water supply conditions across the state.
WHEREAS, on May 18, 2016, the State Water Resources Control Board adopted Resolution No. 2016-0029 to amend and re-adopt the February 2016 Emergency Regulation primarily focusing on replacing the state-developed, demand-driven standards with locally developed conservation standards based upon each agency’s specific water supply reliability conditions. The plan called for permanently prohibiting wasteful practices, regular reporting by water suppliers, tightening up leaky systems, and strengthening plans for water shortages to ensure DocuSign Envelope ID: 0A82D160-EF5E-4F23-9E20-F639CC77AC36 -2-
B0785-0001\2616790v2.doc
all communities have sufficient water supplies and are conserving water regardless of the conditions of any one year.
WHEREAS, on February 8, 2017, the State Water Resources Control Board extended its existing water conservation regulations (initially set to expire on February 28, 2017) through the Spring of 2017 in order to better ascertain the state’s hydrologic water conditions for 2016-2017.
WHEREAS, on April 7, 2017, Governor Jerry Brown ended the drought state of emergency in most of California and released a long-term plan to better prepare the state for future droughts.
The Governor’s Executive Order (EO) B-40-17 directed the State Water Board to rescind the water supply stress test for urban water suppliers, and to maintain urban water use reporting requirements and prohibitions on wasteful practices.
WHEREAS, drought conditions improved in 2017 thereby prompting the City to go from the Stage D Emergency Water Conservation Plan to Stage C with new restrictions.
WHEREAS, on April 20, 2017, the City Council adopted Resolution No. 17-R-13135 prompting the City to go from the Stage D Emergency Water Conservation Plan to Stage C, mandating a minimum twenty percent (20%) reduction in potable water, after drought conditions improved.
WHEREAS, on April 21, 2021 Governor Gavin Newsom declared a drought emergency in Mendocino and Sonoma counties after California entered its second consecutively dry year.
WHEREAS, in August of 2021, the Bureau of Reclamation, the federal agency that oversees operations on the Colorado River, declared a water shortage at Lake Mead for the first time in history. Spurred by the 2019 Drought Contingency Plan, when the lake hit 1,075 feet, Tier 1 (one) water restrictions went into effect.
WHEREAS, on September 28, 2021, 88% of California was in “extreme” or “exceptional” drought in mid-October according to the U.S. Drought Monitor.
WHEREAS, on October 19, 2021 Governor Gavin Newsom released an Executive Order which expanded the statewide drought declaration to include all of California. Adel Hagekhalil, General Manager of the Metropolitan Water District of Southern California (Metropolitan), responded to this Executive Order with a press release explaining that “As California faces some of the driest conditions we’ve ever seen, we need a united, statewide response.” WHEREAS, December of 2021 brought ample rain to Northern and Southern California and several feet of snowpack to the Sierra Nevada. Despite receiving this precipitation, the State’s reservoirs are predominately still under the historical average mark, with Lake Oroville at 46% of its total capacity and 80% of historical average.
DocuSign Envelope ID: 0A82D160-EF5E-4F23-9E20-F639CC77AC36 -3-
B0785-0001\2616790v2.doc
WHEREAS, the City of Beverly Hills has achieved an average twenty percent (20%) reduction in potable water use since 2017 through permanent restrictions and water efficiency programs. To promote water efficiency, the City will be increasing education and enforcement of the conservation measures.
NOW, THEREFORE, the Council of the City of Beverly Hills does hereby resolve as follows:
Section 1. There is a continued drought in the region and staff is hereby directed to increase education around the community regarding water conservation regulations and to increase enforcement.
Section 2. The City Clerk shall certify to the adoption of this resolution and shall cause this resolution and her certification to be entered in the book of Resolutions of the Council of the City.
Adopted:
______________________________
ROBERT WUNDERLICH
Mayor of the City of Beverly Hills,
California
ATTEST:
_____________________________ (SEAL)
HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
_____________________________ _____________________________ LAURENCE S. WIENER GEORGE CHAVEZ
City Attorney City Manager
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