Agenda Report
Fullerton City Council
MEETING DATE: JUNE 7, 2022
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: ERIC J. LEVITT, City Manager
PREPARED BY: meg mcwade, public works director
DUSTIN ENSMINGER, WATER SYSTEMS MANAGER
DELANEY COSGROVE, WATER QUALITY SPECIALIST
SUBJECT: WATER SHORTAGE CONTINGENCY PLAN level 2
SUMMARY
In response to California Governor’s Executive Order N-7-22 issued on March 28, 2022 and statewide drought conditions, staff requests City Council consider a resolution to activate the City’s Water Shortage Contingency Plan (WSCP) Level 2 including outdoor watering restrictions as recommended by Infrastructure and Natural Resources Advisory Committee.
RECOMMENDATION
Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ESTABLISHING A LEVEL 2 WATER SUPPLY SHORTAGE TO THE FULLERTON MUNICIPAL CODE CHAPTER 12.06 PERTAINING TO WATER USE RESTRICTIONS Authorize City Manager, or designee, to determine appropriate percentage of required water reduction – up to 20% - depending on drought severity and State Water Resources Control Board requirements.
PRIORITY POLICY STATEMENT
This item matches the following Priority Policy Statement:
Infrastructure and City Assets.
FISCAL IMPACT
The proposed resolution (Attachment 2) implements a conservation plan that modifies expected revenues and expenditures. Based on current water rates, a volumetric cutback of up to 20% of water sales may lead to a range of reduction in revenues from $2,398,752 to $4,797,503, as described in WSCP Table 3-3 (Attachment 5). However, staff anticipates a reduction in variable costs related to supply, pumping and treatment for the specific shortage event will partially offset initial Water Fund revenue impacts. The overall impact could mean a reduction of $696,821 to $1,393,643 in funds. Staff will monitor the fiscal health of the Water Fund related to drought reductions and provide updates, as appropriate.
During previous droughts and emergency drought orders, noncompliance with State requirements could result in fines or penalties. Emergency Order N-7-22 contains no language specifying penalties due to noncompliance, so staff has not built penalties into the current analysis. The State Water Resource Control Board (SWRCB) will release more information about the possible noncompliance penalties. The current formula for the City’s Sanitation Charge is a percentage (16% as of July 1, 2022) multiplied by a customer’s water bill. The anticipated reduction in water consumption of up to 10% may result in lower Sanitation Charge revenues ranging from $383,800 to $767,600.
DISCUSSION
The City of Fullerton has a water supply portfolio that includes import water and groundwater. Metropolitan Water District of Southern California (MWD) provides the import water (approximately 23% of the City’s water supply) from two main sources: California State Water Project (SWP) and Colorado River. The City of Fullerton pumps and treats groundwater, comprising approximately 77% of the City’s water supply, with overall Orange County Basin management provided by the Orange County Water District (OCWD).
The State has experienced continuing periods of drought over the last several decades impacting water supply availability. Due to current record dry conditions across the State, the Department of Water Resources (DWR) reduced MWD’s SWP allocation to 5%. In response to the reduction in SWP allocation and the Colorado River’s continuing record-low storage levels, MWD issued mandatory outdoor watering restrictions on April 26, 2022 for State Water Project (SWP) dependent areas. While Fullerton is not in a SWP dependent area, the City receives approximately 23% of potable water from MWD. It is crucial that all areas serviced by MWD, including the City of Fullerton, conserve water to help prepare for continued dry conditions.
As noted, groundwater accounts for approximately 77% of the water utilized throughout the City. OCWD maintains the largest potable reuse project in the world known as the Ground Water Replenishment System (GWRS). This project has generated a new water source for North Orange County allowing OCWD to recharge the ground water aquifer that services North Orange County. This project has bolstered local reliability but depends on supply from MWD for ongoing sustainability.
California’s Governor requested all water systems to voluntarily reduce water use by 15% in October 2021. Fullerton reduced production by 4% between October 2021 and March 2022 compared to the production between October 2020 and March 2021.
The Governor issued Executive Order N-7-22 on March 28, 2022, to direct the SWRCB to consider adopting regulations for urban water suppliers to implement. In part, this executive order requires:
Each urban water supplier must implement, at a minimum, the shortage response actions for a water shortage level up to 20% by the date decided by the SWRCB.
Submit a preliminary Annual Water Supply and Assessment Report, outlined in the agencies’ Water Shortage Contingency Plan to the Division of Drinking Water (DDW) by June 1, 2022.
The SWRCB will consider an emergency regulation defining “non-functional turf” (ornamental or not otherwise used for human recreation purposes such as school fields, sports fields and parks) and banning irrigation of non-functional turf in commercial, industrial and institutional sectors except as required to ensure the health of trees and other perennial non-turf plantings.
The SWRCB held a meeting on May 24, 2022, to discuss and adopt new regulations for urban water suppliers based on the governor’s executive order. The new adopted regulations require urban water suppliers to move to a Level 2 Water Shortage but provide an alternative compliance option for water systems who meet strict requirements set by the SWRCB (Fullerton does not meet the alternative compliance standards). The baseline year will continue to be water year 2020 as set in a previous executive order. The SWRCB has adopted a regulation prohibiting the use of potable water to irrigate non-functional turf in CII sectors, this includes Homeowners Association (HOA) property, but allows for an exemption if the end user can certify that the turf being irrigated with potable water meets additional requirements.
Drought Coordination with Neighboring Cities
City of Fullerton staff has coordinated with the cities of Anaheim, Santa Ana, Garden Grove and Orange to ensure consistent drought efforts and messaging across mutual city borders. City staff meets regularly with these cities to stay current on drought conditions and any regulations passed down from the State or MWD. These efforts have culminated in:
shared mascot and outreach materials
discussion to share conservation patrolling efforts
planning to coordinate increased shortage levels resolutions at the same time.
Conservation Outreach
The Water Division has used many different forms of messaging to communicate the importance of conservation to customers, such as social media posts, billing inserts and public outreach events. The Water Division has also added conservation messaging magnets to Public Works vehicles to remind customers to “Stop the Flow, Conserve H2O”. Staff has met with some of Fullerton’s top water users, including City operated parks and recreation facilities, to provide an open platform to discuss Fullerton’s drought conditions, regulations from the state and how each individual entity plans to conserve water. The City promoted additional drought messaging throughout April 2022 as the City participated in the Wyland National Mayor’s Challenge for Water Conservation.
Recommendation: Level 2 Water Supply Shortage
City Council adopted WSCP Ordinance No. 3299 (Attachment 3) on June 1, 2021, establishing provisions for conservation and related drought response action levels. Staff recommends the City adopt WSCP Level 2 (Attachment 4) to encourage water conservation and better align with the Governor’s Executive Order requirements. The Infrastructure and Natural Resources Advisory Committee (INRAC) approved the current water supply conditions and recommendation to adopt Level 2 at its April meeting. If City Council approves the recommended action, Level 2 Restrictions become effective June 10, 2022 and remain in effect until City Council determines the water supply shortage has ended or has implemented another phase.
Level 2 Water Supply Shortage:
City requires a water use reduction up to 20%.
Customers shall limit irrigation to three days per week turf watering when using potable water. Customers may water plant containers, trees, shrubs and vegetable gardens additional days using only drip irrigation or hand watering.
Mon.
Tues.
Wed.
Thur.
Fri.
Sat.
Sun.
Even# addresses
X
X
X
Odd# addresses
X
X
X
Even addresses may water on Monday, Wednesday and Friday.
Odd addresses may water on Tuesday, Thursday and Saturday.
No watering on non-assigned days except for short periods of time for adjusting or repairing the irrigation system.
Customers will have no restriction on watering using reclaimed water, provided that customers post signs that identify reclaimed water use.
City Facility Compliance
Water Division staff have previously held drought update meetings with large water users such as local school districts, and county parks. With City of Fullerton facilities being the largest water user, staff has held meetings with Parks and Recreation, who oversee the parks, and the Landscape Division, who maintain the irrigation of City facilities, to determine how the City can contribute to meet the water savings goal set by the state. Together the three departments have proposed a reduction of irrigation at City Facilities and City maintained parks to meet the proposed 20% water savings (Attachment 6). The parks and facilities chosen to receive reduced irrigation were chosen based on the presence of active sports fields, recent improvement projects and existing plant life needs (Attachment 7).
Education and Enforcement
Upon City Council approval, the City will send a notice to all customers regarding the Level 2 requirements and inform them that they will take effect on June 10, 2022. The Water Division plans to focus on an education-based enforcement of conservation requirements to inform customers. These may include door hangers, phone calls and in-person outreach for customers who violate one or more of the requirements set by the Level 2 Water Supply Contingency Plan. In the event these efforts fail to achieve compliance, Code Compliance may issue citations.
Customers that repeatedly violate Level 2 requirements or do not address an issue that the City has brought to the customer’s attention within an appropriate amount of time may face a violation and/or fine as stated in Fullerton Municipal Code Section 12.06.090. The Water Division will partner with Code Enforcement to issue citations for violations to customers who have reached the second violation or higher.
Violations:
First violation: The City will issue a written warning by mail or posting Second violation: $100 fine
Third violation: $200 fine
Forth violation: $500 fine and the possibility of termination of water service.
Attachments:
Attachment 1 – PowerPoint Presentation
Attachment 2 – Resolution No. 2022-XXX
Attachment 3 – Water Shortage Contingency Plan Ordinance No. 3299 Attachment 4 – Water Shortage Contingency Plan
Attachment 5 – Table 3-3: Revenue Impacts Analysis
Attachment 6 – Reduction of Park Irrigation
Attachment 7 – Comprehensive Map of Reduced Irrigation
Water Shortage Contingency Plan Level 2
June 7, 2022 - Page 6