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agenda-report 23-17 : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIPON ORDERING MANDATORY WATER CONSERVATION MEASURES

Ripon City Council
April 11, 2023

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agenda-report 23-17 : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIPON ORDERING MANDATORY WATER CONSERVATION MEASURES
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April 11, 2023
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Ripon City Council
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City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 04/11/2023
Subject: Water Conservation Rules/Changes
RECOMMENDED ACTION:

This resolution allows the City to move from Stage 3 to Stage 2 of the City’s Drought Contingency Plan in response to Executive Order N-5-23 issued by Governor Gavin Newsom on March 24, 2023.

BACKGROUND:

The City of Ripon, as a water supply agency, is required to follow a State approved Urban Water Management Plan (UWMP) to maintain efficient use of urban water supplies, continue to promote conservation programs and policies, verify that sufficient water supplies are available for future beneficial use, and provide a mechanism for response during drought conditions.

The UWMP for the City of Ripon was first developed in 2005 and has been updated several times since. As part of the UWMP is a Water Shortage Contingency Plan (WSCP) which outlines a plan to sustain water supply throughout the system during potential interruptions or shortages such as a drought. There are stages of action which correspond to the percentage of supply reduction occurring or called for by the Governor or State Water Resources Control Board (SWRCB).

Since the City has instituted water conservation measures in 2005, the City has experienced a reduction of water use per capita from 310 gallons per capita per day (gpcd) to 218 gpcd, as shown in the figure below:

The minimum baseline water conservation requirements required with no reduction in water supply required by the Governor or SWRCB according to the City WSCP are listed below:
- Limits landscape irrigation to 3 days/week in Spring/Summer and 2 days/week in Fall/Winter.
- Prohibits excessive runoff from landscape irrigation. - Requires automatic shut off on hoses.
- Requires recirculation of water in new commercial car/truck washes.

Over the past two years there have been a series of executive orders signed by the Governor and numerous resolutions passed by the State Water Resources Control Board (SWRCB) in order to implement mandatory water conservation measures throughout the most recent drought. In response to these measures, the City of Ripon approved resolution 22-29 in July of 2022 which incorporated the mandatory water conservation measures currently being implemented today.

The majority of these measures come from the City WSCP which correspond to a 20% supply shortage as called for by the Governor.

Significant water conservation measures included in resolution 22-29 are listed below:
- Limits landscape irrigation to 2 days/week in Spring/Summer and 1 day/week in Fall/Winter.
- Restaurants prohibited from serving water except upon request. - Water leaks/breaks must be repaired within 24 hours.
- No washing sidewalks, driveways, patios, parking lots, etc. - Washing vehicles, boats, building exteriors can only be done on watering days. - No water use for decorative water features.
- Prohibition of irrigating non-functional turf at commercial, industrial, and institutional sites.

The non-functional turf irrigating prohibition was implemented separately through a resolution adopted by the SWRCB and is still in place.

DISCUSSION/ANALYSIS:

Due to the current water conditions throughout the State of California Governor Gavin Newsom signed Executive Order N-5-23 terminating some of the emergency drought provisions deemed no longer necessary. The executive order eliminated a number of provisions including the 20% water shortage measures outlined in the City WSCP, significant changes listed below:
- The voluntary call for a 15% water reduction target from 2020 usage levels has ended. - Landscape irrigation can be increased back to 3 days/week in Spring/Summer and will remain at 1 day/week for Fall/Winter.
- Water use for decorative water features and fountains can resume. - Water leaks/break can be repaired within 48 hours rather than 24 hours.

The attached resolution list the City of Ripon enforceable water conservation rules, which incorporates the direction from the executive order issued by Governor Gavin Newsom. It is anticipated that due to the recent snow survey conducted by the Department of Water Resources additional emergency drought provisions will be eliminated by the SWRCB, City staff will continue to update the City Council as updates are received.

Staff is planning to notify residents and businesses regarding the new changes by updating the City website, sending out a Nixle alert, and send a postcard mailer summarizing the new rules.

Attachments:

1. Executive Order N-5-23
RESOLUTION NO. 23-17

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON ORDERING MANDATORY WATER CONSERVATION

MEASURES
WHEREAS, drought conditions have improved throughout State of California in 2023; and
WHEREAS, Section 13.04.310 of the Ripon Municipal Code prohibits excess use and wasting of water; and
WHEREAS, on April 21, 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 twenty (20) percent; and
WHEREAS, on July 12, 2022 the City of Ripon passed Resolution No. 22-29 that instituted certain mandatory water conservation measures, and WHEREAS, on March 24, 2023 the Governor issued Executive Order N-5-23 that terminates portions of previously issued Executive Orders including among other items the demand reduction actions identified in the water shortage contingency plan for a shortage level of twenty (20) percent.

NOW, THEREFORE, BE IT RESOLVED that the City of Ripon does hereby repeal Resolution No. 22-29 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, Thursday, 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, Friday, 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;
 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 48 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 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 11th day of April, 2023, by the following vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Gary Barton, Council Member
SECONDER:Leo Zuber, Vice Mayor
AYES: Michael Restuccia, Leo Zuber, Gary Barton, Dean Uecker ABSENT: Daniel de Graaf

THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
MICHAEL RESTUCCIA, Mayor
ATTEST:

By: ___________________________
LISA ROOS, City Clerk

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