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HomeMy WebLinkAbout3131 Declaring an Emergency Related to Water Supply and Fire Hazards Ordinance 3131 Page 1 of 2 Ordinance 3131 AN ORDINANCE OF THE CITY OF PORT TOWNSEND DECLARING AN EMERGENCY RELATED TO WATER SUPPLY AND FIRE HAZARDS RECITALS: A. On May 21, 2015, Governor Jay Inslee declared drought conditions throughout the State of Washington, citing the fact that"...mountain snowpack is at record lows, and many streams and rivers are flowing at record-low levels." Statewide Drought Declaration, May 21, 2015. Exhibit A; B. The Washington State Department of Natural Resources initiated an outdoor burn ban in Jefferson County on June 22,2105. Exhibit B; C. The East Jefferson Fire Rescue District issued a comprehensive burn ban for on June 29, 2015. Exhibit C; D. The City of Port Townsend's ("City") Public Works Department has determined that stream flows in the City's water supply are less than a third of normal for this time of year. The US Forest Service Special Use Permit(SUP) for the operation of the Big Quilcene River municipal diversion mandates a minimum instream flow of 27 cfs below the Big Quilcene diversion if naturally available. Flow is measured below the diversion with a USGS maintained stream gage. Diversions are reduced to maintain 27 cfs instream below the diversion and water from Lords Lake is used to augment the total supply based on the daily demand. At a flow of 27 cfs the Big Quilcene River diversion will be shut off. The Little Quilcene River water right and SUP requires maintaining a minimum instream flow of 6 cfs. Diversions are adjusted as necessary to sustain flow below the diversion. Draft Drought Contingency Response Plan, Exhibit D; E. Chapter 9.40 of the Port Townsend Municipal Code, and Chapter 38.53 of the Revised Code of Washington authorize the City to declare an emergency, and to exercise emergency powers in accordance with state law. NOW,THEREFORE,the City Council of the City of Port Townsend do ordain as follows: Section 1. Findings: a. The City Council adopts the Recitals set forth above and, based on those Recitals, finds that drought conditions exist within the City's watershed, and within the City limits. b. These drought conditions drastically increase the risk of fire within the City limits, and within the City's watershed. This threatens the life, safety, and property of the City's residents and water customers. Ordinance 3131 Page 2 of 2 Section 2. Declaration of Emergency. The City Council hereby declares an emergency related to enhanced fire hazard, and possible water shortages. Council adopts the Drought Contingency Response Plan, attached as Exhibit D. Council directs the City Manager to revise the Response Plan to condense the response phases to a more aggressive timeline, and to submit a revised Response Plan as soon as practicable. Council further directs the City Manager to prepare a Fire Hazard Response Plan and to submit that to Council for review and approval as soon as practicable. Section 3. a. The City Manager is authorized to implement the provisions of the Drought Contingency Response Plan, and to modify that Plan as recommended by staff, State, or Federal agencies. This authorization includes but is not limited to ordering water customers to implement water conservation measures. b. Upon the recommendation of the East Jefferson Fire Department,the City Manager may order the immediate abatement of fire hazards.Notwithstanding any provisions to the contrary in Chapter 1.20 (Code Administration and Enforcement),the City Manager is authorized to direct immediate abatement of fire hazards, and to seek court orders as necessary to accomplish the same. Section 4. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid,the remainder of the ordinance, or the application of the provision to other persons or circumstances, is not affected. Section 5. Effective Date. Having been adopted by a majority plus.one of the City Council,this Ordinance shall take effect upon adoption. Adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 20fl' day of July5. c David King Mayor Attest: Approved as to Form: -A�k� Joanna Sanders, CMC Steven 1 . ss City Clerk City Attorney Ordinance 3131 Exhibit A Page 1 of 2 JAY INSLEE in Governor STATE OF WASHINGTON Office of the Governor PROCLAMATION BY THE GOVERNOR 15-11 WHEREAS,June 2015 has been significantly drier than normal with above average temperatures; and current and projected weather conditions through September 2015, in conjunction with existing and projected fire fuel conditions,present a continuing high risk of severe wildfires throughout the state of Washington; and WHEREAS, moist conditions in May spurred significant vegetation growth, and abnormally dry conditions followed in June, leading to the early development of high-risk fire fuel conditions throughout the State; and WHEREAS,current National Weather Service forecasts predict record to near-record temperatures with an increased threat of localized lightning and windy conditions statewide over the next two weeks, and seasonal weather forecasting models project warmer and drier conditions than normal through September, which,when combined with the existing high- risk fire fuel conditions, support an active burning environment capable of producing multiple large wildfires requiring the need for additional immediate response in any area of the State;and WHEREAS, the State has already experienced multiple wildfires over the first three weeks of June, requiring response by our limited State and local firefighting resources, and in the past week, new wildfires have required a responsive commitment of these limited resources in Asotin, Chelan, Clark, Cowlitz, Ferry, Garfield,Grant, Grays Harbor,Jefferson, Kittitas, Klickitat, Lincoln, Mason, Okanogan, Pend Oreille, Pierce,Skagit, Snohomish, Spokane, Stevens,Thurston, Walla Walla, and Yakima counties; and WHEREAS, the threat to life and property from wildfires is significant and may cause extensive damage to homes, businesses, and public facilities, resources, infrastructure and utilities, impacting the life and health of our citizens throughout the State; this threat may affect life, health, property, or the public peace, and is a public disaster demanding immediate action, and WHEREAS, firefighting resources throughout the State and western United States are limited and may already be committed to other wildfire preparation and response activities, due to existing and projected fire conditions throughout the region; and WHEREAS, because available firefighting resources may not be adequate to address the outbreak of additional and simultaneous wildfires resulting from the above noted conditions, the Washington National Guard and State Guard may be needed to assist local jurisdictions and state agencies throughout Washington in responding to this public disaster; and z,' P.O. Box 40002•Olympia,Washington 98504-0002•(360) 902-4111 •www.governor.wa.gov %4P Ordinance 3131 Exhibit A Page 2 of 2 WHEREAS, the Washington Military Department has activated the State Emergency Operations Center, implemented response procedures, is coordinating resources to support state and local officials in alleviating the immediate social and economic impacts to people, property, and infrastructure, and is continuing to assess the wildfire danger resulting from existing high-risk weather and fire fuel conditions. NOW,THEREFORE, I, Jay Inslee, Governor of the state of Washington, as a result of the above-noted situation, and under Chapters 38.08, 38.52, and 43.06 RCW,do hereby proclaim that a State of Emergency exists in all of Washington's 39 counties and direct that the plans and procedures oi.the Washington State Comprehensive Emergency Management Plan be implemented. State agencies and departments are directed to utilize state resources and to do everything reasonably possible to assist affected political subdivisions in an effort to respond to and recover from the incidents. As a result of this event, I also hereby order into active state service the organized militia of Washington State to include the National Guard and the State Guard, or such part thereof as may be necessary in the opinion of the Adjutant General, to perform such duties as directed by competent authority of the Washington Military Department in addressing this event, Additionally, the Washington State Emergency Operations Center is instructed to coordinate all incident-related assistance to the affected areas. Signed and sealed with the official seal of the state of Washington thi 26th day of June, AD, Two Thousand and Fifteen at Olympia, Washington B Jay le over BY THE GOVERNOR: Se ary of State Ordinance 3131 Exhibit B C'oMM1SSSS NEfV 0 R DERk) NUMBER 2 01`5 2 ra STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Peter Goldmark, Commissioner of Public Lands WHEREAS,RCW 76.04 defines the lands within the State of Washington where the Department of Natural Resources is responsible for fire protection;and WHEREAS,RCW 76.04 authorizes the Department of Natural Resources to regulate the use of fire on the forest lands for which it has fire protection responsibility;and WHEREAS,RCW 76.04 authorizes the Department of Natural Resources in times and localities of unusual fire danger to prohibit the use of fire in those locations;and WHEREAS,unusual fire danger exists and is forecast to continue through September 30,2015, on forest lands protected by the Department of Natural Resources;and WHEREAS,wildfires result in large expenditures of public funding that can be avoided through prudent actions to prevent them; THEREFORE,outdoor burning,including campfires in fire pits and the use of charcoal briquettes,is banned on all forest lands within the State of Washington under Department of Natural Resources fire protection through September 30,2015,with the following exceptions: i. Department of Natural Resources approved prescribed fire for ecological purposes,when such purposes can be accomplished successfully only by prescribed fire during the period of time from June 26,2015,through September 30,2015,to be considered and authorized only by signature of the Commissioner of Public Lands. 2. In rare or unforeseen circumstances,exceptions may be considered and authorized only by signature of the Commissioner of Public Lands. This order takes precedence over and supersedes all other burn bans currently in effect on forest lands within the state of Washington under Department of Natural Resources fire protection. Dated this 26'h day of June,2015. STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES PET FK CxOL1) RK COMMISSIONER OF PUBLIC LANDS Ordinance 3131 Exhibit C Page I of 1 f EAST JEFFERSON FIRE IZESCUE 24 Seton Rd.,Port Townsend,WA 98368 360.385.2626 SERVING THE COMMUNITIES June 29, 2015 OF: Port Townsend BURN BAN IN EFFECT FOR ALL OF JEFFERSON COUNTY *ALL OUT DOOR BURNING* Port Hadlock All outdoor burning to include campfires and use of charcoal briquettes, is banned from all areas within Jefferson County. Chimacum Any outdoor burning is illegal. Irondale EFFECTIVE IMMIDENTLY—AND UNTIL FURTHER NOTICE, a burn ban will be in effect for all land clearing or outdoor burning, INCLUDING RECREATIONAL FIRES AND THE USE OF CHARCOAL BRIQUETTES, within Jefferson County, as Kala Point recommended by the Washington State Department of Natural Resources, Jefferson County Board of Fire Chiefs and the Jefferson County Fire Marshal. Any outdoor burning Cape George is illegal. Please consider foregoing the use of fireworks. As of June 261", 2015 Commissioner Peter Goldmark of the Department of Natural Marrowstone Island Resources AMMENDED the previous BURN BAN issued on June 22nd, 2015, banning all outdoor burning with exception to camp fires and the use of charcoal briquettes. The amended burn ban now bans all outdoor burning including camp fires and the use of charcoal briquettes on all state lands. For more information about fire danger in Jefferson County, please contact East Jefferson Fire Rescue or go to East Jefferson Fire Rescue's web site www.ejfr.org. Additional information may be available from the Washington State Department of Natural Resources. Have a great summer. Be safe and responsible. Brian W. Tracer—Assistant Fire Chief East Jefferson Fire Rescue Ordinance 3131 Exhibit D Page 1 of 4 CITY OF PORT TOWNSEND DROUGHT CONTINGENCY RESPONSE PLAN Adopted:July 20, 2015 Introduction Historically snowpack builds in the watershed until early April. Thereafter, melting snow provides much of the water for stream flows through July. Less than 10%of the annual precipitation falls during summer months and from early July there are often 90 or more days with virtually no precipitation. Generally the Big Quilcene and Little Quilcene Rivers provide sufficient water for municipal and industrial demand through the beginning of September. If stream flows decline below the minimum instream requirements, the City relies upon water stored in Lords Lake reservoir. The rainy season, typically developing in October and continuing through spring, recharges the streams and allows refilling Lords Lake by mid winter. Low Flow Conditions The US Forest Service Special Use Permit(SUP)for the operation of the Big Quilcene River municipal diversion mandates a minimum instream flow of 27 cfs below the Big Quilcene diversion if naturally available. Flow is measured below the diversion with a USGS maintained stream gage. Diversions are reduced to maintain 27 cfs instream below the diversion and water from Lords Lake is used to augment the total supply based on the daily demand. At a flow of 27 cfs the Big Quilcene River diversion will be shut off. The Little Quilcene River water right and SUP requires maintaining a minimum instream flow of 6 cfs. Diversions are adjusted as necessary to sustain flow below the diversion. When used to supplement low stream flows, Lords Lake (500 million gallons) can provide three months of supply depending upon City and Mill implemented conservation measures or a month and a half if used as the sole source of supply. City Lake (140 million gallons) is held in reserve for domestic and health and safety consumption only. Reservoir drawdown triggers City and Mill water conservation plan implementation. The necessary degree of implementation also takes into consideration the time of year when Lords Lake drawdown begins. This drought response plan is divided into five stages. Each stage has its own level of activity and triggering condition. Action timing may be adjusted earlier than specified if reservoir drawdown occurs sooner or is more rapid than predicted. Forecast Alert Forecast drought conditions and the probability of beginning drawing down Lords Lake prior to September 1st. • City may request authorization from the Washington State Department of Ecology Dam Safety Office to temporarily increase the water contained in Lords Lake. In April 2015 the City received permission to increase the level to 37' 6" (2' 6" above the lip of the spillway). In June,the Office of Dam Safety permitted additional increase in lake level when the likelihood of a storm event Ordinance 3131 Exhibit D Page 2 of 4 had passed and the anticipated drawdown was a couple of weeks away. The additional 3' of water level gained is an estimated 70 million gallons. Stage 1—Voluntary Conservation This action is triggered by the time of year in which withdrawals from Lords Lake are necessary due to low stream flows. The key elements of Stage 1 are communication of public information, implementation of the Paper Mill conservation plan, and cooperation from customers. • The City issues news releases to newspapers, radio stations, utility bill newsletter and the City's web pages. • Request voluntary customer water conservation. • The City will initiate water conservation measures in City parks and facilities. • Eliminate reservoir and storage tank overflows. • Postpone flushing and hydrant testing. • Request Port Townsend golf course reduce watering to tees and greens. • Request East Jefferson Fire Rescue eliminate unnecessary use of water. • Send letters to the schools and Fort Worden requesting these facilities minimize outdoor watering. The goal is to have a reduction in consumption of at least 5 percent. Sustained precipitation and rising stream flows facilitating refilling the reservoirs would permit lifting these conservation measures. Stage 2—Outdoor Restrictions Lords Lake water level at 15' and stream flows that prevent refilling the reservoir trigger mandatory restrictions. The key element of a Stage 2 declaration is to reduce and/or eliminate outdoors use of water.The goal of this stage is to reduce water consumption by 10 percent. • Alternating days for outdoor watering. Even numbered addresses water only on even numbered days, odd numbered addresses water only on odd numbered days,and all customers minimize watering use. Minimizing total use will be emphasized. • News releases are released to indicate the need for a greater reduction in water consumption. Sustained precipitation and rising stream flows facilitating refilling the reservoirs would permit lifting these conservation measures. Stage 3—Mandatory Outdoor Restrictions and Indoor Conservation Lords Lake level of 0' and stream flows that prevent refilling the reservoir trigger additional restrictions. A Stage 3 declaration aims to further curtail and/or eliminate outdoors use of water.The goal of this stage is to reduce water consumption by 20 percent. • News releases will communicate information applicable to this stage. • A message will be inserted with utility bills or as a direct mailing. • Customers will be limited to once a week outdoor watering. • Vehicle washing will be prohibited except at commercial car washes. • Water will not be used for construction projects to reduce dust. • Customers are asked to reduce indoor use of water. Ordinance 3131 Exhibit D Page 3 of 4 • Door hangers or personal contact is used to notify violators. • Repeat violations will subject the consumer to potential shutoff. Sustained precipitation, rising stream flows,and refilling Lords Lake to 5'would permit lifting these conservation measures. Stage 4—Pumping Lords Lake At a water surface elevation of 0' Lords Lake contains an estimated 30-40 MG below the bottom of the outlet structure. A portable pump may be installed to lift water into the outlet structure. Pumping is required at a level of approximately 3'to use the remaining water in the reservoir. Pumping may continue as long as water is available and turbidity at the Lords Lake outlet is maintained below 4 NTU. • The entire volume of City Lake is reserved for municipal consumption and that necessary for Paper Mill health and safety. • The City of Port Townsend is reserving a quantity of water such that 1 mgd is available from storage until November 301h when the goal is to have City Lake with at least 70 MG remaining (22' 6"). • The Paper Mill will cease production and limit water use to that essential for health and safety, an estimated 1,000,000 gallons per day, when Lords Lake is empty or if the total volume of water reserved for municipal use is reached (Number of days until November 30th X 2 MG–70 MG in City Lake). Sustained precipitation, rising stream flows, and refilling Lords Lake to 5' would permit lifting these conservation measures. Stage 5–Water Rationing A Stage 5 declaration rations the limited remaining supply of water for essential uses only.This action is triggered when Lords Lake is empty and City Lake level is at 34' 6". The Port Townsend City Council is responsible for issuing a Stage 5 declaration.The goal of this stage is to reduce consumption 30 percent below the average daily demand and to ensure City Lake is at least half full (22' 6") at the end of November. • News releases and other communications will emphasize that only essential use of water is allowed. • A direct mailing to customers is utilized to ensure that information about the severe nature of the situation is communicated. • No outdoor use is permitted. • Non-critical accounts are turned off after notification to the customer. • Penalties, such as monetary or shutoff, will be applied for violations. Sustained precipitation, rising stream flows, and refilling City Lake would permit lifting these conservation measures. Coordination Meetings City and Mill representatives meet monthly to discuss the water system and other issues of mutual concern. Withdrawals from Lords Lake that are triggered by low stream flows initiate City/Mill Ordinance 313.1 Exhibit D Page 4 of 4 conservation discussions. At a Lords Lake level of 25`City and Mill meetings will be held weekly. If water levels reach a Stage 2 response level the City and Mill will keep the Washington Department of Health Office of Drinking Water and Jefferson County Department of Health advised of the situation.