Agenda

Back to Calendar Return

Agenda Item 10.

City Council Meeting

Meeting Date:	05/18/2021
FROM:	Bill Gallardo

Subject:

Water Shortage Contingency Response – Introduction of Ordinance No. 1221

RECOMMENDATION

Introduce Ordinance No. 1221 for first reading by title only and waive further reading.

BACKGROUND/DISCUSSION

On June 2, 2009, City Council adopted Ordinance 1123, which established the Brea Water Conservation and Water Supply Shortage Program (WCWSSP). This action was done as a result of the Governor’s declaration of a statewide drought to address the California water shortage, thereby requesting all water users to reduce their water use and asking all water agencies to assist their customers in reducing their water use though a water conservation program. Along with the WCWSSP, City Council also approved adding Chapter 13.20 to the Municipal Code that established the Water Management Program.

The Water Management Program created four phases of water conservation with each phase accounting for an additional 10 percent reduction in water use. This program also added other items, such as limits on lawn irrigation, designated timeframes in which water leaks needed to be repaired, and established penalties for any of these violations.

In January 2014, after an extended period of dry conditions, the Governor declared a statewide drought emergency. On April 1, 2015, the Governor issued an Executive Order that required urban water supplier to cut back on water supplies, prevent the waste and unreasonable use of water, and promote water conservation. In accordance with this order, City Council approved moving into phase 2 of the Water Management Program, which called for a 20 percent reduction in the City’s water demand. On May 2, 2017, after a couple of years of above average rainfall, the City Council approved moving back to Phase 1 where we currently sit today.

In 2018, the Legislature amended the Urban Water Management Planning Act (Water Code Section 10610 et seq.) to include new water shortage planning requirements. This amendment mandated new elements for Urban Water Management Plans (UWMP) and Water Shortage Contingency Plans (WSCP).

An UWMP is typically prepared by water suppliers every 5 years to document the water supplier’s projected water supply and demand. Brea’s UWMP has been completed and will be presented at a public hearing on June 1, 2021 for City Council consideration since the plan needs to be adopted by July 1, 2021. Notices for the public hearing have been lawfully posted

The WSCP is a new requirement as referenced in the UWMP and proposed Ordinance No.1221. The WSCP in intended to serve as a living document to identify specific anticipated water shortages to address statewide drought declarations, perform an annual drought risk assessment, provide detailed local water use restrictions and provide standardized water shortage designations. WSCP are approved by Resolution from time-to-time based on statewide drought declarations or City Council preference. A draft WSCP has been completed and will be presented at a public hearing on June 1, 2021 for City Council consideration. Notices for the Public Hearing have been lawfully posted.

The main purpose of proposed Ordinance No 1221 is to replace existing Chapter 13.20 of the municipal code with amended Chapter 13.20 to establish the framework for efficient water use and conservation, consistent with all other water agencies. Much of the amended Chapter 13.20 is similar to the existing code, except for the following main differences:

Drought declarations are no longer “Phases” and are now referred to as “Levels” with Level 1 representing a 10% reduction to up Level 6 representing above a 50% reduction.
Movement among any of the levels to be approved by City Council and public hearing required for movement along levels 3 to 6.
Less details regarding specific water use restrictions for each level, since conservation details will now be included in the WSCP

FISCAL IMPACT/SUMMARY

The fiscal impact is dependent on the drought level as declared by the State and ratified by City Council. All monitoring and enforcement is to be performed by in-house staff in conformance with the most recently adopted Water Shortage Contingency Plan and fully funded by the Water Fund (Fund 420). There is no impact to the General Fund.

RESPECTFULLY SUBMITTED:

William Gallardo, City Manager
Prepared by: Brian Ingallinera, Environmental Services Coordinator
Concurrence: Rudy Correa, Water Distribution Superintendent and Tony Olmos, P.E., Public Works Director

Attachments
Ordinance
Presentation