STAFF REPORT
Meeting Date: May 16, 2023
To: Honorable Mayor & City Council
From: Robert Welch, P.E., Utilities General Manager
Melissa Gomez, Senior Management Analyst
Subject: Update to the City Council on California’s Emergency Drought and City Manager Order Concerning Water Conservation
Measures
Attachments: 1. Order of Implementation of Water Conservation Measures by the City Manager of the City of Beverly Hills
2. March 24, 2023, State – Executive Order N-5-23
INTRODUCTION
This item provides information on the State’s revised regulations on California’s Emergency Drought and the City of Beverly Hills’ current actions to address the situation as well as the continuation of recommended measures in support of conservation.
DISCUSSION
On June 14, 2022, City Council approved additional water conservation measures in support of the State Drought Emergency and directed the City Manager to issue a City Manager’s Order detailing the requirements (Attachment 1). In summary the City Manager’s Order includes:
• Continue “Stage C” of the City’s Water Conservation plan, as approved by the City Council of Beverly Hills on February 8, 2022;
• Restrict landscape irrigation in accordance with Beverly Hills Municipal Code Section 9-4-304, as follows: (1) North of Santa Monica Blvd.: Monday & Friday; and (2) South of Santa Monica Blvd.: Tuesday & Saturday; and • Prohibit the use of potable water for outdoor irrigation between 9 a.m. to 6 p.m.
Due to increased rainfall and snowpack in the Sierra Nevada’s and the State Water Project Allocation being adjusted to 100%, up from 35% announced in February, and the highest since 2017, on March 24, 2023, Governor Newsom issued Executive Order N-5- 23 (Attachment 2) modifying previous issued State of Emergency Proclamations and
BEVERLY
HILLS
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Meeting Date: May 16, 2023
Executive orders. With Executive Order N-5-23, the existing State of Emergency for the entire state continues. However, local water agencies are no longer being required to implement Level 2 actions identified in their Water Storage Contingency Plans, the voluntary 15% water conservation target is removed, and wasteful watering practices continue to be banned.
With the latest State Executive Order, the existing statewide emergency regulations prohibit the following until December 2023:
• Outdoor watering that lets water run onto sidewalks and other areas (except incidental runoff)*
• Washing vehicles without an automatic shutoff nozzle* • Washing hard surfaces like driveways or sidewalks that do not absorb water* • Street cleaning or construction site preparation unless no other method can be used or as needed to protect the health of safety of the public • Filling decorative fountains, lakes, or ponds without a recirculation pump* • Outdoor watering within 48 hours after at least 1/4 inch of rainfall* • Watering decorative grass on public medians
*Included in City’s Municipal Code (9-4-201)
Also prohibited until June 2023 is:
• Watering decorative grass in commercial, industrial, and institutional areas, including common areas of homeowners’ associations (HOAs).
Although rainfall has helped replenish California reservoirs and snowpack levels statewide are the highest they have been in decades, it is important to continue to conserve and focus on water resiliency. The recent storms may have temporarily eased the dry conditions; however, California faces natural climate variability, and one wet winter will not alleviate long-term water concerns, which have been intensified by years of extreme drought, rising temperatures, and unsustainable water use.
Additionally, the increase of extreme weather patterns for the region as well as the Colorado River Basin and the need to continue a lifestyle focusing on conservation and resiliency, Staff is recommending City Council continue with the water conservation efforts as outlined in the City Manager’s Order Dated June 14, 2022. Water efficiency is a way of life and the efforts outlined in the Order demonstrate the City’s commitment to conservation and the City’s commitment to reducing reliance on the Colorado River.
Staff presented these same recommendations to the Public Works Commission (PWC) on April 13, 2023. The PWC supported the recommendation to maintain the measures outlined in the City Managers Order supporting continued water conservation in the region.
Drought Measures Implemented by Beverly Hills
Beverly Hills has stayed in a Water Conservation Stage C since 2017. Water Conservation Stage C measures entail a 20% reduction of water use and two watering days October through May and three watering days June through September between the hours of 5 p.m. and 9 a.m. only, although the watering days were later changed by the City Manager’s Order to include only watering two days a week year-round. Since 2017, the City has averaged a 20% reduction in water use compared to 2013, even with the growing water demands from new development. The City has also invested in local Meeting Date: May 16, 2023
groundwater development that enables the City to reduce its demand for Metropolitan Water District (MWD) imported water, diversifying its water portfolio by adding resiliency to the City’s water system with projects such as the La Cienega Wells.
As previously mentioned, Beverly Hills has seen a decrease in water use since 2013 and a significant decrease in 2023, which can be attributable to the additional conservation measures implemented in June and the wet winter, as shown in the Table below.
Table 1: Beverly Hills Water Use
Month 2013 Water
Usage (AF)
2021 Usage
(AF)
2022 Usage
(AF)
2023 Usage
(AF)
January 862.2 666.0 591.0 533.3
February 762.9 621.4 701.8 490.7
March 932.4 710.6 798.9 409.64
April 969.3 793.5 757.0
May 1,047.3 871.6 811.6
June 1,077.4 899.6 809.8
July 1,185.5 991.9 869.1
August 1,184.4 958.5 896.9
September 1,156 899.7 775.2
October 1,101.5 860.2 802.6
November 939.2 759.2 705.9
December 888.6 580.6 578.6
The City has also implemented measures to limit water use through other avenues such as the Sunset Median being watered with non-potable water source from Cabrillo Reservoir and a reduction in irrigation at City Parks.
The use of potable water for Health and Safety related activities is permissible and will continue, like the hydrant flushing process, which is necessary for water quality reasons.
Another service that will be maintained is the City’s sidewalk cleaning program.
Continued Community Outreach
Community outreach is vital in the fight against the drought and staff is continuously reaching the community through different avenues which include:
• Water Conservation webpage
• Direct postcards
• Direct emails
• Newspaper articles
• Letters
• Telephone calls
• Public Works Backbone articles
• Social media posts
• Water Conservation Booth at City events
• Public Works Trucks with Water Conservation signage
• Elevator Clings with drought messaging
FISCAL IMPACT
There is no direct fiscal impact with the approval of the continued water conservation measures. However, upcoming reductions to outdoor watering will result in decreased Meeting Date: May 16, 2023
revenue as conservation increases. If the drought persists and mandatory conservation measures intensify, City Council may consider the City’s rate stabilization rates be implemented to address revenue loss.
RECOMMENDATION
Staff recommends City Council maintain drought measures in support of continued water conservation in the region as outlined in the City Manager’s Order dated June 14, 2022, that include:
• Continue “Stage C” of the City’s Water Conservation plan, as approved by the City Council of Beverly Hills on February 8, 2022;
• Restrict landscape irrigation in accordance with Beverly Hills Municipal Code Section 94-304, as follows: (1) North of Santa Monica Blvd.: Monday & Friday; and (2) South of Santa Monica Blvd.: Tuesday & Saturday; and • Prohibit the use of potable water for outdoor irrigation between 9 a.m. and 6 p.m.
Shana Epstein,
Director of Public Works
Approved By
Attachment 1
ORDER OF IMPLEMENTATION OF WATER CONSERVATION MEASURES BY
THE CITY MANAGER OF THE CITY OF BEVERLY HILLS
WHEREAS, on June 14, 2022, the City Council of the City of Beverly Hills conducted a duly noticed public hearing regarding California entering into another severe drought (the “Drought”) and implementing additional water conservation measures; and WHEREAS, at that public hearing, all interested persons were allowed to speak; and WHEREAS, based on the foregoing and in accordance with Section 9-4-308 of the Municipal Code of the City of Beverly Hills, the City Manager is empowered to implement water conservation measures including, or in addition to, those set forth in Section 9-4-303.
NOW THEREFORE, IT IS ORDERED THAT in order to address the Drought, the following water conservation measures are implemented:
• Continue “Stage C” of the City’s Water Conservation plan, as approved by the City Council of Beverly Hills on February 8, 2022;
• Restrict landscape irrigation in accordance with Beverly Hills Municipal Code Section 9- 4-304, as follows: (1) North of Santa Monica Blvd.: Monday & Friday; and (2) South of Santa Monica Blvd.: Tuesday & Saturday;
• Prohibit the use of potable water for outdoor irrigation, including the use of a hose, between 9 a.m. to 6 p.m.;
• Set a goal in the City of saving water by 30% monthly against 2013 water usage; • Bring the weekly watering schedule back to the City Council for review in September 2022 to determine the appropriate weekly watering schedule from October 2022 through May 2023; and
• City Staff shall engage in an expanded information campaign, which includes a school program and the following elements in each messaging: lets people know the seriousness of the drought, how they can help solve it, and motivates people to take action.
Dated:
By:___________________________________
City Manager
City of Beverly Hills
DocuSign Envelope ID: EC70C3B2-32BF-4D2C-A3AC-1F1DF82BE563 Attachment 2
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-5-23
WHEREAS on April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, I proclaimed States of Emergency to exist due to drought conditions; and WHEREAS the multi-year nature of the current drought, which began three years after the record-setting drought of 2012-2016, continues to have significant, immediate impacts on communities across California with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the March 3, 2023, snow survey conducted by the Department of Water Resources and partner agencies found that most regions of the Sierra Nevada are above average for snow water content, and some regions are nearing record amounts of snow, and snow and rain has fallen across many regions of the state since then, with more precipitation forecasted; and WHEREAS improved conditions have helped rehabilitate surface water supplies, but have not abated the severe drought conditions that remain in some parts of the State, including the Klamath River basin and the Colorado River basin, and many groundwater basins throughout the State remain depleted from overreliance and successive multi-year droughts; and WHEREAS continued action by the State is needed to address ongoing consequences of the drought emergency, including groundwater supply shortages, domestic well failures, and drought-related harm to native fishes in the Klamath River and Clear Lake watersheds; and
WHEREAS the drought emergency has required a dynamic and flexible response from the State, and several provisions in my prior Proclamations and Orders have been terminated or superseded already, specifically Paragraphs 4 and 8 of my State of Emergency Proclamation dated April 21, 2021, Paragraphs 2, 4, and 7 of my State of Emergency Proclamation dated May 10, 2021, Paragraphs 3, 4, 5, 6, and 10 of my State of Emergency Proclamation dated July 8, 2021, and Paragraph 9 of Executive Order N-7-22; and WHEREAS improved conditions warrant an even more targeted State response to the ongoing drought emergency and certain provisions in my State of Emergency Proclamations dated April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, and in Executive Orders N-10-21, N-7-22, and N-3-23 provide authority that is no longer needed to mitigate the effects of the drought conditions or direct actions by state agencies, departments, and boards that have already been completed; and
WHEREAS notwithstanding the rescission of certain emergency authorities for emergency drinking water action, state agencies have existing legal authority and funding to continue expedited work to advance the human right to water, and state agencies will continue all ongoing drought resilience planning work, including through coordination with local agencies and tribes; and
WHEREAS next winter's hydrology is uncertain and the most efficient way to preserve the State's improved surface water supplies is for Californians to continue their ongoing efforts to make conservation a way of life; 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 Order 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, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:
IT IS HEREBY ORDERED THAT:
1 . The orders and provisions contained in my State of Emergency Proclamations dated April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, and Executive Orders N-7-22 (March 28, 2022), N-3- 23 (February 13, 2023), and N-4-23 (March 10, 2023), remain in full force and effect, except as modified by those Proclamations and Orders and herein. State agencies shall continue to implement all directions from those Proclamations and Orders and accelerate implementation where feasible.
2. The following provisions of my State of Emergency Proclamation dated April 21, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 5-7; and
c. Paragraphs 9-14.
3. The following provisions of my State of Emergency Proclamation dated May l 0, 2021, are terminated:
a. Paragraph 1;
b. Paragraph 3;
c. Paragraph 5; and
d. Paragraphs 9-10.
4. The following provisions of my State of Emergency Proclamation dated July 8, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 7-8, except those portions of paragraph 7 withdrawing provisions of prior orders;
c. Paragraphs 11-12.
5. The following provisions of my State of Emergency Proclamation dated October 19, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 4-5;
c. Paragraph 8; and
d. Paragraph l 0.
6. The following provisions of Executive Order N-10-21 are terminated:
a. Paragraph l: and
b. Paragraph 3
7. The following provisions of Executive Order N-7-22 are terminated:
a. Paragraphs 1-3;
b. Paragraph 6; and
c. Paragraphs 14-15.
8. The following provisions of Executive Order N-3-23 are terminated:
a. Paragraph l: and
b. Paragraph 3, except those portions of the paragraph
withdrawing provisions of prior orders.
9. Paragraph 6 of my State of Emergency Proclamation dated May l 0, 2021, and Paragraph 9 of my State of Emergency Proclamation dated July 8, 2021, are withdrawn and replaced with the following text:
To ensure critical instream flows for species protection in the Klamath River and Clear Lake watersheds, the State Water Resources Control Board (Water Board) and Department of Fish and Wildlife shall evaluate the minimum instream flows and other actions needed to protect salmon, steelhead, the Clear Lake Hitch, and other native fishes in critical streams systems in these watersheds and work with water users, tribes, and other parties on voluntary measures to implement those actions. To the extent voluntary actions are not sufficient, the Water Board, in coordination with the Department of Fish and Wildlife, shall consider emergency regulations to establish minimum instream flows to mitigate the effects of the drought conditions. For purposes of state agencies carrying out or approving any actions contemplated by this paragraph, Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division are suspended. Nothing in this Paragraph affects or limits the validity of actions already taken in the Klamath and Clear Lake watersheds or ongoing under Paragraph 6 of my State of Emergency Proclamation dated May l 0, 2021, or Paragraph 9 of my State of Emergency Proclamation dated July 8, 2021 .
IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.
This Order 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.
IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 24th
day of March 2023.
overnor of California
ATTEST:
SHIRLEY N. WEBER, PH.D.
Secretary of State