City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 07/12/2022
Subject: Mandatory Water Conservation Measures
RECOMMENDED ACTION:
City Council to consider modifying resolution 22-16 to incorporate specific non-functional turf emergency water conservation measures called for through Executive Order N-7-22 by Governor Gavin Newsom and adopted by the State Water Resources Control Board on May 24, 2022.
Authorize staff to move forward with modifying the irrigation source and landscaping at certain City facilities and consider a loan program for businesses to modify irrigation source and/or landscaping at certain facilities to meet the requirements of the State Water Resources Control Board resolution.
BACKGROUND:
California Governor Gavin Newsom signed an executive order on March 28, 2022 that tasked the State Water Resourced Control Board (Water Board) to consider issuing certain mandates with regard to water conservation and water restrictions state wide. At the May 24, 2022 Water Board meeting a resolution was passed to enforce a number of those mandatory water conservation measures.
The City of Ripon has had certain water conservation requirements in place since April 2018. At the June 9, 2022 City Council meeting a resolution was approved by the City Council that included the following changes to the City’s water conservation requirements. - All outdoor watering is reduced from three to two days a week between the months of March and October. The fall/winter months schedule stays the same at one day per week.
- Water use for decorative water features and fountains is prohibited except for ponds that support aquatic life. For Ripon, this includes shutting down the Mistlin fountain at the intersection of E. Main Street/Oak Avenue and the fountain at the intersection of John Roos Avenue/Milgeo Avenue.
The item below regarding potable watering for “Non-Functional Turf” was also a part of the required State Water Board Resolution that is currently not addressed in the City’s water conservation restrictions.
- Potable water use for “Non-Functional Turf” at Commercial, Industrial and Institutional sites is prohibited. The definition of Non-Functional Turf is grass that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. It does not prohibit the use of potable water necessary to ensure the health of trees and other perennial no-turf plantings or to the extent necessary to address an immediate health and safety need.
The City Council requested additional information from staff at the June 9, 2022 meeting in order to fully understand the direct impacts to the City and its businesses prior to considering regulatory options that would be incorporated as part of the City’s water conservation requirements.
DISCUSSION/ANALYSIS:
The largest impact from the Water Boards mandated water conservation measures to the City and its businesses is the prohibition of watering “Non Functional Turf” at Commercial, Institutional and Industrial locations. The direct impacts to the different sectors and potential options moving forward are summarized below.
City Facilities
The impacts to City facilities are minimal due to the fact that the majority of irrigation used for landscaping throughout the City comes from the non-potable system. The City facilities that have turf irrigated with potable water include City Hall, Senior Center, Veteran Museum, Animal Shelter and two Well sites.
The Veteran Museum is used for community events and is therefore exempt. The Senior Center uses some of the turf for recreational activities and has a few trees although the near term recommended solution is to utilize CDBG funds to upgrade the landscaping and irrigation to eliminate the grass for an estimated $25,000. City Hall and the Animal Shelter have turf and some trees throughout although staff recommends changing the irrigation supply at both of these locations over to the non-potable system; this will cost approximately $20,000. The two well sites have a few trees throughout although staff recommends revising the landscaping to eliminate the grass; this will cost approximately $25,000. The remaining City maintained turf around town is either directly used for recreational purposes or irrigated using the non-potable system.
Businesses
Staff surveyed the businesses in town to determine where non-functional turf is present based on the definition. There are a total of 65 business locations where turf is present, 28 of which are using the non-potable system and another 21 that are exempt due to trees and other perennial plantings. This leaves 16 business locations that are subject to the prohibition of irrigating “Non Functional Turf.” Of these 16, there are nine locations where the City non-potable system could provide service due to proximity. The remaining seven locations would need to modify their existing landscaping to eliminate the turf.
Churches
There are 11 church locations where turf is present, two of which are using non-potable water and two others have the possibility of connecting due to our mainline location. The majority of these locations have trees throughout the turf areas and are utilizing the spaces for community/civic events meeting the exemption. There is a single location at one of the churches where the turf is solely ornamental (less than 500 square feet) and therefore would be subject to the regulations.
Schools
The majority of turf located at the schools within Ripon are used for recreational activities or community events and all of the irrigation for Ripon Christian and Ripon Unified is provided from private non-potable wells and not subject to these regulations.
Apartments/HOA’s
There are 25 Apartments/HOA’s, including Bethany Home, that are also subject to the prohibition of irrigating non-functional turf although the individual residences of these locations are not. The turf falling subject to the regulations consists of the common areas within the development. All of the locations we have surveyed have trees spread heavily throughout the development and the common areas are used for recreational purposes providing an exemption.
The Water Board mandate to eliminate the watering of non-functional turf can create areas of dead grass. This is not only unsightly but could also become a fire hazard at some point in the future if not properly maintained. To mitigate this, one option staff has considered is to offer loans for businesses to use the funds to either connect to the non-potable system or replace the non-functional turf with other types of landscaping. Depending on the size and complexity at these locations, the estimated cost could be between $2,000 and $30,000. The loans could be set up with specific timelines that indicate a 1-month application window and a 3-6 month installation deadline.
The attached resolution as written delays the penalty enforcement for violations specifically related to the use of potable water for the irrigation of non-functional turf at commercial, industrial and institutional sites for those that have submitted an application to connect to the non-potable water system until March 1, 2023. All other commercial, industrial and institutional sites will be subject to the new regulations including those applying for loans to make landscaping changes to eliminate the non-functional turf.
The public education and outreach program is a critical component for gaining compliance from our residents and businesses with the new regulations. The following is an outline of the program suggested by staff.
- Mailing flyers of new watering days to all residents and businesses. - Providing updates on the City website and through Nixle. - Promoting the eye-on-water feature which available to all customers to track usage and provide leak notifications.
- Ongoing patrols with staff distributing informational door hanger/flyers, issuing warning and violation notices.
- Continuing to offer the smart controller and shower head installation rebates. - Contacting commercial, institutional and industrial users directly regarding the watering of non-functional turf specific to their situation. (non-potable, exemptions, etc.)
FISCAL IMPACT:
The estimated cost to modify irrigation and landscaping at existing City facilities to meet the requirements is $70,000, which will be paid for through a combination of the Water Enterprise Capital Fund and Community Development Block Grant funds.
If loans were to be offered to private businesses, they would be funded through the Water Enterprise Capital Fund and paid back over a period of 10 years. If a $15,000 cap were set on the loans, the total amount would be approximately $240,000, if fully utilized.
RESOLUTION NO. 22-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON ORDERING MANDATORY WATER
CONSERVATIONS MEASURES
WHEREAS, the State of California is experiencing serious drought conditions; and WHEREAS, Section 13.04.310 of the Ripon Municipal Code prohibits excess use and wasting of water; and
WHEREAS, on April 12, 2021, May 10, 2021, July 8, 2021, and October 19, 2021 Governor Gavin Newsom proclaimed a State of Emergency to exist throughout the State of California due to extreme and expanding drought conditions; and WHEREAS, on March 28, 2022 the Governor issued Executive Order N-7-22 that in part requires the State Water Resources Control Board to consider adopting emergency regulations in an effort to conserve water throughout the State; and
WHEREAS, on May 24, 2022 the State Water Resources Control Board adopted Resolution No. 2022-0018 requiring urban water suppliers to implement mandatory water reductions which requires the City of Ripon to implement by June 10, 2022, at a minimum, all demand reduction actions identified in the water shortage contingency plan for a shortage level of ten (10) to twenty (20) percent; and
WHEREAS, on June 9, 2022 the City of Ripon passed Resolution No. 22-16 that instituted certain mandatory water conservation measures.
NOW, THEREFORE, BE IT RESOLVED that the City of Ripon does hereby repeal Resolution No. 22-16 and institute the following mandatory water conservation measures which will remain in effect until such time as the aforementioned mandatory water conservation measures are lifted and the City Council repeals this Resolution:
Outdoor water use prohibited from 10 am to 6 pm; 1
During the months of November through February, all properties within the City of Ripon with an even address are only allowed to water landscaping on Saturday; 1 During the months of November through February, all properties within the City of Ripon with an odd address are only allowed to water landscaping on Sunday; 1 During the months of March through October, all properties within the City of Ripon with an even address are only allowed to water landscaping on Tuesday and Saturday; 1
During the months of March through October, all properties within the City of Ripon with an odd address are only allowed to water landscaping on Wednesday and Sunday; 1
The use of water for washing vehicles, boats, recreational vehicles, or cleaning of building exteriors is only allowed during the same outdoor watering day/time restrictions previously described and with the use of an automated shut-off nozzle on the hose;
Water use for decorative water features, such as fountains is prohibited except where water is used for a pond that supports aquatic life. Decorative fountains must incorporate a water recirculation system;
Draining and refilling of pools, spas, and ponds shall only be allowed for health, maintenance or structural considerations, after approval by the Public Works Director. Request for approval must be in writing to the Director; No irrigation of ornamental landscapes during and 48 hours following measurable rain fall;
It is prohibited to use water to wash driveways, sidewalks, patios, parking lots, aprons and other exterior surfaces except for sanitation, public health and safety and fire protection purposes;
No application of water to outdoor landscaping in a manner that causes excessive runoff; excessive water use is defined as “water that leaves the property of origin in a continuous flow of any dimension for 150 feet from the property, or for more than five minutes in duration.”
All water leaks, breaks, malfunctions within a water users plumbing, distribution or irrigation system shall be repaired within 24 hours from the time it is discovered or the City notifies the customer or resident; Operators of hotels and motels must provide guests with the option of choosing not to have towels and linens laundered daily and prominently displayed notice of this option;
Restaurants and food service establishments are prohibited from serving water except upon request;
The use of potable water for construction and dust control is prohibited; The use of potable water is prohibited for the irrigation of non-functional turf2 at commercial, industrial, and institutional3sites. The use of potable water is not prohibited 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;
The irrigation with potable water of landscapes outside of newly constructed homes and buildings shall be in a manner consistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development;
IT IS FURTHER RESOLVED that violation of the requirements of this Resolution constitutes wasting and excessive use of water within the meaning of Ripon Municipal Code Section 13.04.310.
IT IS FURTHER RESOLVED that when the City of Ripon becomes aware of a violation of this resolution, a written notice shall be delivered to the property by first class mail. Upon repeated violations, a penalty will be assessed, as set forth in the Ripon Municipal Code Section
13.04.580, except that each violation shall result in penalties as set forth below:
First violation within one year period $50
Second violation within a one year period $100
Third violation within a one year period $200
Any additional violation within a one year period $400 IT IS FURTHER RESOLVED that the above penalties shall not be enforced for violations related to the use of potable water for the irrigation of non-functional turf2 at commercial, industrial, and institutional3sites for those that have submitted an application to connect to the non-potable water system until March 1, 2023. 1 Exceptions may be granted in writing by the Public Works Director for the purposes of establishing newly installed landscape areas, edible crops for personal consumption using a drip system, or properties that require additional watering days due to the size of the area to be irrigated (e.g., schools, parks, etc.).
2 “Non-functional turf” means turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. Non-functional turf does not include sports fields and turf that is regularly used for human recreational purposes or for civic community events.
3 “Commercial, industrial and institutional” refers to commercial water users, industrial water users, and institutional water users4 and includes homeowners’ associations, common interest developments, community service organizations, and other similar entities but does not include the residences of these entities’ members or separate interests. 4 “Institutional water user” means a water user dedicated to public service. This type of user includes, among other users, higher education institutions, schools, courts, churches, hospitals, government facilities, and nonprofit research institutions.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 12th day of July, 2022, by the following vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER:Gary Barton, Council Member
AYES: Michael Restuccia, Leo Zuber, Daniel de Graaf, Gary Barton ABSENT: Dean Uecker
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
DEAN UECKER, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk