To: Honorable Mayor and Members of City Council
From: Phil Brun, Utilities Director
Prepared By: Phil Brun, Utilities Director
TITLE:
Title
Regulations for Interruptible Surplus Agricultural Water Service, Water for Temporary Purposes, Water Conservation, and Water Shortage
LABEL
RECOMMENDED ACTION:
Recommendation
Approve the first reading and introduction of an ordinance amending Napa Municipal Code Section 13.04.050 (from “Metered Rates for Interruptible Surplus Agricultural Water Service” to “Interruptible Surplus Agricultural Water Service”), Section 13.04.350 (from “Water for Construction Purposes” to “Water for Temporary Purposes”), Chapter 13.09 (from “Permanent Water Conservation Regulations” to “Water Conservation Regulations”), and Chapter 13.10 (from “Moderate Water Shortage Regulations” to “Water Shortage Regulations”); repealing Napa Municipal Code Chapter 13.12 (“Severe Water Shortage Regulations”); and determining that the actions authorized by this ordinance are exempt from CEQA.
Body
DISCUSSION:
Napa Municipal Code (NMC) Title 13 “Public Services” contains a variety of regulations related to the City’s water system. As described below, the proposed Ordinance recommends modifications to two Sections and three Chapters contained in NMC Title 13.
NMC Section 13.04.050 (from “Metered Rates for Interruptible Surplus Agricultural Water Service” to “Interruptible Surplus Agricultural Water Service”)
Section 13.04.050 is proposed to be replaced in its entirety and retitled as shown in Exhibit A to the proposed Ordinance. Major changes include clarifying the Utilities Director’s authority related to executing agreements and establishing water supply availability; increasing the rate charged to customers from 80% of the Outside Irrigation rate to 100% of the Outside Irrigation rate; removing the seasonality restrictions and allowing use at any time; and capping the annual use at 200,000 gallons per acre of irrigated agricultural land.
The City currently has twenty-eight (28) interruptible ag contracts subject to NMC Section 13.04.050. These customers were notified in February 2023 that the aforementioned changes were being proposed. Given that the terms of the existing contracts govern until execution of an amended or new contract, staff plans to take steps to execute all new contracts to take effect on January 1, 2024. Any new interruptible Ag contract would be subject to the revised NMC at the time the contract is executed.
NMC Section 13.04.350 (from “Water for Construction Purposes” to “Water for Temporary Purposes”)
Section 13.04.350 regulates how the City uses hydrant meters and the bulk water station at the Corporation Yard to distribute water to haulers or construction sites. The Section is proposed to be replaced in its entirety and retitled as shown in Exhibit B to the proposed Ordinance. Major changes include clarifying the Utilities Director’s authority related to executing agreements and establishing water supply availability; requiring an agreement or permit for use of water; limiting water for residential use to indoor domestic use only up to a maximum of 8,000 gallons per month per parcel; limiting water for construction use to those parcels receiving (or authorized to receive) City water, on a project by a public agency, or for activities that cannot use recycled water due to water quality restrictions such as filling a pool following construction activities and well drilling; and clarifying that use of water for commercial or irrigation purposes is not allowed. The Section is being retitled to clarify that it does not solely cover construction water; rather, it covers the temporary use of water that may be interrupted by the City at any time.
NMC Chapter 13.09 (from “Permanent Water Conservation Regulations” to “Water Conservation Regulations”)
Existing Chapter 13.09 focuses on requirements for new developments and remodels that are now covered in plumbing codes and the Water Efficient Landscaping Ordinance (WELO). One major recommended change to existing Chapter 13.09 is the deletion of the requirement to offset water use from new developments by retrofitting existing residences and facilities with ultra low-flush toilets - commonly referred to as the toilet retrofit program. While the program has been very successful in the past, it is no longer practical to implement moving forward since the City does not have a sufficient number of high-water-use toilets to be replaced; and new building codes and WELO requirements will ensure that new development continues to minimize the amount of water demand added to the system.
The Chapter is proposed to be replaced in its entirety and retitled as shown in Exhibit C to the proposed Ordinance. Major changes include removing the toilet retrofit program (as noted above); adding permanent water waste prohibitions; and adding a restriction, with limited exceptions, that no irrigation of landscaping is allowed between the hours of 10:00 a.m. and 5:00 p.m.
NMC Chapter 13.10 (from “Moderate Water Shortage Regulations” to “Water Shortage Regulations”)
Chapter 13.10 is proposed to be replaced in its entirety and retitled as shown in Exhibit D to the proposed Ordinance. The major change is to expand the regulations from the moderate water shortage focus of the existing Chapter to a comprehensive list of water shortage stages, and the actions necessary at each stage, to align with the water shortage stages contained in the City’s Urban Water Management Plan.
NMC Chapter 13.12 (“Severe Water Shortage Regulations”)
Given the changes to Chapter 13.10 to include all water shortage stages, a separate Chapter for severe water shortages is no longer necessary and is therefore recommended to be repealed in its entirety as indicated in the proposed Ordinance.
FINANCIAL IMPACTS:
The changes to Interruptible Ag rates will increase revenue 20% on a per unit basis. Actual increase in revenue from past years is dependent on total units used by Interruptible Ag customers.
All other proposed changes are regulatory in nature and not expected to have an effect on revenues or expenditures.
CEQA:
City staff recommends that the City Council determine that the Recommended Action is exempt from CEQA pursuant to: (a) CEQA Guidelines Section 15168 and Section 15183, since sufficiency of water supplies was adequately analyzed in the program level EIR for the 2040 General Plan certified by the City Council on September 20, 2022 by City Council Resolution R2022-085; (b) CEQA Guidelines Section 15307 and Section 15308, since this ordinance establishes regulations that will assure the maintenance, restoration, enhancement, or protection of the environment; and (c) Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c) and/or 15378, since the revision of the City’s interruptible surplus agricultural water service and water for temporary purposes ordinance is not subject to environmental review under CEQA, as it does not constitute a “project,” does not commit the City to a definite course of action, does not constitute discretionary approval of a specific project, and will not result in a direct or reasonably foreseeable indirect physical change in the environment.
DOCUMENTS ATTACHED:
ATCH 1 - Ordinance
EX A - Amending Section 13.04.050
EX B - Amending Section 13.04.350
EX C - Amending Chapter 13.09
EX D - Amending Chapter 13.10
NOTIFICATION:
Legal notice of public hearing for the ordinance was published in the Napa Valley Register on May 5, 2023.