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HomeMy WebLinkAboutO-2011-3361 amend Water Conservation and Drought Contingency Plan/tabled-bring back 7/11/11 C REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 27, 2011 Appropriation Requested By: David Mick Source of Funds: N/A Department: Public Works Account Number: N/A Report: Resolution: Ordinance: XX Amount Budgeted•N /A. Exhibits: City of La Porte Plan (markup) Amount Requested: Exhibits: City of La Porte Plan (clean) R»r1¢ptpd If N/A Exhibits: Prnpoged Ordinance SUMMARY & RECOMMENDATION The City of La Porte's Water Conservation and Drought Contingency Plan is adopted by City Council ordinance. The plan was most recently updated in 2009 by Ordinance 2009 -3136. Council is aware that the city water usage surpassed the plan trigger for Stage 1 "Mild Conditions" drought contingency on June 15, 2011. Staff is recommending three changes to the current plan in the event that it becomes necessary to proceed with Stage 2. Revision #1: Add a provision to the Stage 2 "Moderate Conditions" plan providing for a surcharge in the user's water bill of 50% with a violation of the mandatory water use restrictions outlined in the plan. There are already provisions in the Stage 3 "Severe Conditions" component of the plan for a surcharge of 100% - 200% for excessive water use. The current plan does not include a penalty associated with Stage 2. Note that a typical residential water bill is approximately $70 /month. Revision #2: The current plan includes a lawn watering schedule for the Stage 2 condition of every other day during restricted hours with the odd - numbered addresses watering on even - numbered dates, even - numbered addresses watering on odd - numbered dates. Staff would like to revise this to an odd/odd, even/even lawn watering schedule. Revision #3: Update the public notification process outlined in the Information/Education component of the plan to reflect the media outlets now available to the City. Other considerations: This is a change to the City of La Porte plan. Staff will advise the La Porte Area Water Authority (LPAWA) of the revisions to the city plan and route any future revisions the Water Authority plan through their board before bringing that plan back to City Council. As of June 16, the total Water Authority usage remains well below the Stage 1 plan trigger because the LPAWA Plan considers surface water consumption only. This differs from the City plan which considers both surface and ground water consumption. Staff has been advised by the City Attorney's Office that any city employee can likely qualify as a witness to confirm a violation of the mandatory components of the plan as long as they document each episode in writing. Action Required by Council: Approve new ordinance amending the City's Water Conservation and Drought Contingency Plan. A s . r ATM for _/ i ■ Council A. enda • 1 /Li Ron Bottoms, City Manager er Date • mark up Drought Contingency Plan- La Porte June 2011 UDdatedoc (2) ` : • : • • - - • f l Formatted: Highlight CITY OF LA PORTE DROUGHT CONTINGENCY PLAN A. INTRODUCTION Drought, or a number of other uncontrollable circumstances, can disrupt the normal availability of community or utility water supplies. Even though a city may have an adequate water supply, the supply could become contaminated, or a disaster could destroy the supply. During drought periods, consumer demand is often significantly higher than normal. Some older systems, or systems serving rapidly growing areas, may not have the capacity to meet higher than average demands without system failure or other unwanted consequences. System treatment, storage, or distribution failures can also present a city or utility with an emergency demand management situation. It is important to distinguish drought contingency planning from water conservation planning. While water conservation involves implementing permanent water use efficiency or reuse practices, drought contingency plans establish temporary methods or techniques designed to be used only as long as an emergency exists. An effective drought contingency plan will need to include the following six elements: 1. Trigger Conditions signaling the start of an emergency period; 2. Drought contingency measures; 3. Information and education; 4. Initiation procedures; 5. Termination notification actions; and 6. Means of implementation. B. SYSTEM CONSTRAINTS The La Porte Area Water Authority is composed of three (3) entities - the cities of La Porte, Morgan's Point, and Shoreacres. The Authority purchased production capacity from the City of Houston's Southeast Water Purification Plant. In addition, the Authority purchased pumping capacity, or peaking capacity, at 1.25 times the production capacity. Listed below is the production and pumping capacity for each entity, together with total capacity'. CUSTOMER PRODUCTION PUMPING CAPACITY CAPACITY (MGD) (MGD) La Porte 6.302 7.879 Morgan's Point 0.555 0.694 Shoreacres 0.343 0.429 TOTAL 7.20 9.000 2001 Capacity Figures Page 1 of 5 mark up Drought Contingency Plan- La Porte June 2011 Updatedoc (2) ` : • _ f Formatted: Highlight In addition, each entity has the ability to supply its entire water supply through groundwater production from wells. After 1990, the Harris- Galveston Coastal Subsidence District decreed that no more than ten per cent (10 %) of each entity's yearly water production can be produced from groundwater. Although additional pumping capacity is planned for peak purposes, groundwater production will be utilized for peaking purposes whenever possible. Temporary reductions or disruptions in surface water supply can be offset by increased groundwater withdrawals. Careful monitoring and management of groundwater withdrawal is necessary to avoid exceeding the yearly ten per cent (10 %) limit above. Long -term reductions or disruptions in surface water supply would require special permission from the Subsidence District to exceed allowable groundwater withdrawal. It is anticipated that conservation measures would be required by the District to allow increased groundwater withdrawal. C. TRIGGER CONDITIONS Production amounts are based on a seven (7) day average daily demand, and include the permitted withdrawal of groundwater. 1. Mild Conditions: a. Surface water demand approaching 6,933,000 gallons /day (80% of the pumping capacity owned by the Authority at the Southeast Water Purification Plant plus allowed groundwater withdrawal). Or, b. Production at the Southeast Water Purification Plant reduced to a point such that the aggregate surface water demand of the Authority is 80% of the reduced pumping capacity. 2. Moderate Conditions a. Surface water demand approaching 7,799,000 gallons /day (90% of the pumping capacity owned by the Authority at the Southeast Water Purification Plant plus allowed groundwater withdrawal). Or, b. Production at the Southeast Water Purification Plant reduced to a point that the aggregate demand of the Authority is 90% of the reduced pumping capacity. 3. Severe Conditions a. Surface water demand approaching 8,666,000 gallons /day (100% of the pumping capacity owned by the Authority at the Southeast Water Purification Plant plus allowed groundwater withdrawal). Or, Page 2 of 5 mark up Drought Contingency Plan- La Porte June 2011 Updatedoc (2) ` :. . i f Formatted: Highlight b. Production at the Southeast Water Purification Plant reduced to a point such that the aggregate surface water demand of the Authority is 100% of the reduced pumping capacity. 4. Critical Conditions a. Surface water demand exceeds 8,666,000 gallons /day. Or, b. Production at the Southeast Water Purification Plant reduced to a point such that the aggregate surface water demand of the Authority exceeds the reduced production, including complete failure of the plant to produce any water. D. EMERGENCY MANAGEMENT PROGRAM The following actions shall be taken by the City when Trigger conditions are reached: 1. Mild Conditions Stage 11 f Formatted: Highlight a. Inform the public through the news media that a trigger condition has been reached, and that they should look for ways to voluntarily reduce water use. Specific steps which can be taken will be provided through the news media. b. Notify major commercial water users of the situation and request voluntary water use reductions. c. Publicize a voluntary lawn watering schedule. d. During winter months, request water users to insulate pipes rather than running water to prevent freezing. 2. Moderate Conditions jSt g 2) { Formatted: Highlight a. Continue implementation of all relevant actions in preceding phase. b. Car washing, window washing, pavement washing prohibited except when a bucket is used. c. The following mandatory lawn watering schedule shall be implemented: Customers with even numbered street addresses may water on - even { Formatted: Highlight numbered days of the month. Customers with odd numbered street addresses may water on pvei -odd numbered days of the week. Watering shall only occur { Formatted: Highlight between the hours of 6 -10 a.m. and 8 -10 p.m. d. The following public water uses, not essential for public health or safety, are prohibited: Page 3 of 5 mark p Drought Contingency Plan- La Porte June 2011 Updatedoc (2)Drought Contingency Plan La { Formatted: Highlight 1. street washing 2. water hydrant flushing 3. filling pools 4. athletic field watering e J1 1er ?1t 50° /P 9E §Wcharr t2 the use's woe 1? l j f9rPPY Yio f 4r pf thy, Formatted: Font: Not Italic, Highlight eV1 • z h'r i, t ea« t f c o f« « .,« - tJ « t r « t _ t 1 ' { Formatted: Highlight 4 _ :es . « 3 V _o an _ : «' C -! 0 ? 1 Formatted: Font: Not Italic, Highlight Lot r ! V1* ' «�...,� Formatted: Highlight f.Notification shall be made to the Executive Director, within 5 business days of the , Formatted: Strikethrough, Highlight implementation of any mandatory provisions of the Drought Contingency Plan. ( Formatted: Highlight { Formatted: Font: Not Italic, Highlight 3 3. Severe Conditions e 3) ��._ � Formatted: Highlight a. Continue implementation of all relevant actions in preceding phase; formatted: Font: Not Italic, Highlight Formatted: Highlight b. All outdoor use is prohibited. Such use includes, but is not limited to the Formatted: Font: Not Italic, Highlight following: lawn watering, car washing, pavement washing; t Formatted: Font: Not Italic c. Implement a user surcharge for excessive water use, as follows: Formatted: Indent: Left: 0.75 ", First tine: 0" Formatted: Highlight 3 5/8" meter over 5,000 gallons /month 200% 1 -1 1/2" meter over 10,000 gallons /month 200% 2" and larger over 15,000 gallons/month 200% 2" and larger over 20,000 gallons /month 300% 4. Critical Conditions .(Srage 4) {Formatted: Highlight a. Continue implementation of all relevant actions in preceding phase. b. Petition the Harris- Galveston Coastal Subsidence District for appropriate increase in allowable groundwater withdrawal. c. Ration or terminate water service to selected portions of the system according to the following order: 1. Industrial/Institutional Users 2. Commercial Users 3. Residential Users 4. Public Health and Safety Facilities d. Individual users may request a variance from water curtailment by appealing to the City Manager. The City Manager's decision will be final. 5. Specific Targets for Water Use Reduction a. Mild Condition Goal — To achieve a voluntary 10 percent reduction in daily water use. b. Moderate Condition Goal - To achieve a 15 percent reduction in daily water use. Page 4 of 5 mark up Drought Contingency Plan- La Porte June 2011 Updatedoc (2) e • • ` •• : - • : • . { Formatted: Highlight c. Severe Condition Goal - To achieve a 25 percent reduction in daily water use. d. Critical Condition Goal - To achieve a 30 percent reduction in daily water use. E. INFORMATION/EDUCATION As a component of the Information/Education section in the Water Conservation Plan, the purpose and effect of the Drought Contingency Plan will be communicated to the public through articles p noti ` in the • w 9 r : City_ ofT a Porte Formatted: Highlight websit S }, and other ** .-media outlets such as email. text, social media public access { Formatted: Highlight tel + Y oa a, !.+ + . sr °- a e ® y e L $ b 3i 1 ° e {Formatted: Highlight Throughout the period of a trigger condition, regular prtieles -up will appear jr} the { Formatted: Highlight various media outlets to explain and educate the public on the purpose, cause, and methods of Formatted: Highlight conservation for that condition. F. IMPLEMENTATION/ENFORCMENT The plan shall be implemented by Ordinance of the City Council of the city of La Porte. Included in the adoption instrument will be individual trigger conditions for the city. A copy of the adoption vehicle is found in Appendix B. It will be the responsibility of the City of La Porte Public Works Director to monitor, through the utility department, the status of the water supply and distribution system. When a trigger condition is reached, the Public Works Director will notify the public through its information program, of the implementation of the Drought Contingency Plan. The Public Works Director will continue to monitor the water emergency until it is determined that the trigger condition no longer exists. When this takes place, the Public Works Director will notify the public of such, and the Drought Condition Abatement procedures will be implemented. G. UPDATE OF TRIGGER CONDITIONS Once a year, the City will examine the production requirements and ability to maintain these requirements to determine if trigger conditions need to be reestablished. Consideration should be given to the city's usage in relation to the aggregate usage, and any anticipated increase in production at the Southeast Water Purification Plant. Page 5 of 5 Clean Drought Contingency Plan- La Porte June 2011 Updatedoc (3) CITY OF LA PORTE DROUGHT CONTINGENCY PLAN A. INTRODUCTION Drought, or a number of other uncontrollable circumstances, can disrupt the normal availability of community or utility water supplies. Even though a city may have an adequate water supply, the supply could become contaminated, or a disaster could destroy the supply. During drought periods, consumer demand is often significantly higher than normal. Some older systems, or systems serving rapidly growing areas, may not have the capacity to meet higher than average demands without system failure or other unwanted consequences. System treatment, storage, or distribution failures can also present a city or utility with an emergency demand management situation. It is important to distinguish drought contingency planning from water conservation planning. While water conservation involves implementing permanent water use efficiency or reuse practices, drought contingency plans establish temporary methods or techniques designed to be used only as long as an emergency exists. An effective drought contingency plan will need to include the following six elements: 1. Trigger Conditions signaling the start of an emergency period; 2. Drought contingency measures; 3. Information and education; 4. Initiation procedures; 5. Termination notification actions; and 6. Means of implementation. B. SYSTEM CONSTRAINTS The La Porte Area Water Authority is composed of three (3) entities - the cities of La Porte, Morgan's Point, and Shoreacres. The Authority purchased production capacity from the City of Houston's Southeast Water Purification Plant. In addition, the Authority purchased pumping capacity, or peaking capacity, at 1.25 times the production capacity. Listed below is the production and pumping capacity for each entity, together with total capacity'. CUSTOMER PRODUCTION PUMPING CAPACITY CAPACITY (MGD) (MGD) La Porte 6.302 7.879 Morgan's Point 0.555 0.694 Shoreacres 0.343 0.429 TOTAL 7.20 9.000 2001 Capacity Figures Page 1 of 5 Clean Drought Contingency Plan- La Porte June 2011 Updatedoc (3) In addition, each entity has the ability to supply its entire water supply through groundwater production from wells. After 1990, the Harris- Galveston Coastal Subsidence District decreed that no more than ten per cent (10 %) of each entity's yearly water production can be produced from groundwater. Although additional pumping capacity is planned for peak purposes, groundwater production will be utilized for peaking purposes whenever possible. Temporary reductions or disruptions in surface water supply can be offset by increased groundwater withdrawals. Careful monitoring and management of groundwater withdrawal is necessary to avoid exceeding the yearly ten per cent (10 %) limit above. Long -term reductions or disruptions in surface water supply would require special permission from the Subsidence District to exceed allowable groundwater withdrawal. It is anticipated that conservation measures would be required by the District to allow increased groundwater withdrawal. C. TRIGGER CONDITIONS Production amounts are based on a seven (7) day average daily demand, and include the permitted withdrawal of groundwater. 1. Mild Conditions: a. Surface water demand approaching 6,933,000 gallons /day (80% of the pumping capacity owned by the Authority at the Southeast Water Purification Plant plus allowed groundwater withdrawal). Or, b. Production at the Southeast Water Purification Plant reduced to a point such that the aggregate surface water demand of the Authority is 80% of the reduced pumping capacity. 2. Moderate Conditions a. Surface water demand approaching 7,799,000 gallons /day (90% of the pumping capacity owned by the Authority at the Southeast Water Purification Plant plus allowed groundwater withdrawal). Or, b. Production at the Southeast Water Purification Plant reduced to a point that the aggregate demand of the Authority is 90% of the reduced pumping capacity. 3. Severe Conditions a. Surface water demand approaching 8,666,000 gallons /day (100% of the pumping capacity owned by the Authority at the Southeast Water Purification Plant plus allowed groundwater withdrawal). Or, Page 2 of 5 Clean Drought Contingency Plan- La Porte June 2011 Updatedoc (3) b. Production at the Southeast Water Purification Plant reduced to a point such that the aggregate surface water demand of the Authority is 100% of the reduced pumping capacity. 4. Critical Conditions a. Surface water demand exceeds 8,666,000 gallons /day. Or, b. Production at the Southeast Water Purification Plant reduced to a point such that the aggregate surface water demand of the Authority exceeds the reduced production, including complete failure of the plant to produce any water. D. EMERGENCY MANAGEMENT PROGRAM The following actions shall be taken by the City when Trigger conditions are reached: 1. Mild Conditions (Stage 1) a. Inform the public through the news media that a trigger condition has been reached, and that they should look for ways to voluntarily reduce water use. Specific steps which can be taken will be provided through the news media. b. Notify major commercial water users of the situation and request voluntary water use reductions. c. Publicize a voluntary lawn watering schedule. d. During winter months, request water users to insulate pipes rather than running water to prevent freezing. 2. Moderate Conditions (Stage 2) a. Continue implementation of all relevant actions in preceding phase. b. Car washing, window washing, pavement washing prohibited except when a bucket is used. c. The following mandatory lawn watering schedule shall be implemented: Customers with even numbered street addresses may water on even numbered days of the month. Customers with odd numbered street addresses may water on odd numbered days of the week. Watering shall only occur between the hours of 6 -10 a.m. and 8 -10 p.m. d. The following public water uses, not essential for public health or safety, are prohibited: Page 3 of 5 Clean Drought Contingency Plan- La Porte June 2011 Updatedoc (3) 1. street washing 2. water hydrant flushing 3. filling pools 4. athletic field watering e. Implement a 50% user surcharge to the user's water bill for any violation of the provisions herein provided for Moderate Conditions (Stage 2). The 50% surcharge added for each separate violation shall be calculated for the entire month in which the violation(s) occurred. f.Notification shall be made to the Executive Director, within 5 business days of the implementation of any mandatory provisions of the Drought Contingency Plan. 3. Severe Conditions (Stage 3) a. Continue implementation of all relevant actions in preceding phase; b. All outdoor use is prohibited. Such use includes, but is not limited to the following: lawn watering, car washing, pavement washing; c. Implement a user surcharge for excessive water use, as follows: 5/8" meter over 5,000 gallons /month 200% 1 -1 1/2" meter over 10,000 gallons /month 200% 2" and larger over 15,000 gallons /month 200% 2" and larger over 20,000 gallons /month 300% 4. Critical Conditions (Stage 4) a. Continue implementation of all relevant actions in preceding phase. b. Petition the Harris- Galveston Coastal Subsidence District for appropriate increase in allowable groundwater withdrawal. c. Ration or terminate water service to selected portions of the system according to the following order: 1. Industrial/Institutional Users 2. Commercial Users 3. Residential Users 4. Public Health and Safety Facilities d. Individual users may request a variance from water curtailment by appealing to the City Manager. The City Manager's decision will be final. 5. Specific Targets for Water Use Reduction a. Mild Condition Goal — To achieve a voluntary 10 percent reduction in daily water use. b. Moderate Condition Goal - To achieve a 15 percent reduction in daily water use. Page 4 of 5 Clean Drought Contingency Plan- La Porte June 2011 Updatedoc (3) c. Severe Condition Goal - To achieve a 25 percent reduction in daily water use. d. Critical Condition Goal — To achieve a 30 percent reduction in daily water use. E. INFORMATION/EDUCATION As a component of the Information/Education section in the Water Conservation Plan, the purpose and effect of the Drought Contingency Plan will be communicated to the public through an article or notice in the Bay Area Observer, City of La Porte website(s), and other media outlets such as email, text, social media, public access television station, or programmed phone alerts regularly utilized by the City of La Porte. Throughout the period of a trigger condition, regular updates will appear in the various media outlets to explain and educate the public on the purpose, cause, and methods of conservation for that condition. F. IMPLEMENTATIONIENFORCMENT The plan shall be implemented by Ordinance of the City Council of the city of La Porte. Included in the adoption instrument will be individual trigger conditions for the city. A copy of the adoption vehicle is found in Appendix B. It will be the responsibility of the City of La Porte Public Works Director to monitor, through the utility department, the status of the water supply and distribution system. When a trigger condition is reached, the Public Works Director will notify the public through its information program, of the implementation of the Drought Contingency Plan. The Public Works Director will continue to monitor the water emergency until it is determined that the trigger condition no longer exists. When this takes place, the Public Works Director will notify the public of such, and the Drought Condition Abatement procedures will be implemented. G. UPDATE OF TRIGGER CONDITIONS Once a year, the City will examine the production requirements and ability to maintain these requirements to determine if trigger conditions need to be reestablished. Consideration should be given to the city's usage in relation to the aggregate usage, and any anticipated increase in production at the Southeast Water Purification Plant. Page 5 of 5 ORDINANCE NO. 2011- 33(p AN ORDINANCE AMENDING THE WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN FOR THE CITY OF LA PORTE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City of La Porte, Texas, has adopted a Water Conservation and Drought Contingency Plan by City Ordinance 2009 -3136, and WHEREAS, Council desires to amend the current plan to include a penalty for violating the mandatory water usage restrictions in the Stage 2 "Moderate Conditions" plan component equal to a 50% surcharge to the water user's water bill for each violation, and WHEREAS, Council further desires to amend the current plan to provide for a lawn watering schedule in the Stage 2 condition of odd - numbered addresses watering on odd - numbered dates and even - numbered addresses watering on even - numbered dates, and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The La Porte City Council hereby approves and adopts the June 16, 2011 Water Conservation and Drought Contingency Plan update in substantially the form as shown in the document which is attached hereto as Exhibit A and incorporated herein by reference. Section 2. The La Porte City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. 1 Section 3. This Ordinance shall be effective from and after its passage and approval and it is so ordered. PASSED AND APPROVED this day of , 2011. CITY OF LA PORTE, TEXAS By: • Louis R. Rigby Mayor ATTEST: Patrice Fogarty City Secretary APPROVED: Clark Askins Assistant City Attorney 2