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HomeMy WebLinkAbout3132 Emergency Related to Water Supply and Fire Hazards Amending Ordinance 3131 Ordinance 3132 Page 1 of 2 Ordinance 3132 AN ORDINANCE OF THE CITY OF PORT TOWNSEND RELATED TO AN EMERGENCY RELATED TO WATER SUPPLY AND FIRE HAZARDS; AMENDING ORDINANCE 3131 RECITALS: A. On July 20, 2015, the City Council of the City of Port Townsend enacted Ordinance 3131. This Ordinance declared a water supply and fire hazard emergency. B. At the July 20 meeting, Council directed staff to revise the Drought Contingency Response Plan and to prepare a Fire Hazard Response Plan; NOW, THEREFORE,the City Council of the City of Port Townsend do ordain as follows: Section 1. Continuation of Emergency. The City Council hereby declares that the emergency related to enhanced fire hazard, and possible water shortages continues to exist. The emergency shall exist until Council takes action to remove. Section 2. Revised Drought Contingency Response Plan. The Drought Contingency Response Plan, attached as Exhibit D to Ordinance 3131 is superseded by the Drought Contingency Response Plan attached as Exhibit A to this Ordinance. Section 3. Fire Hazard Response Plan. The Council adopts the Fire Hazard Response Plan, attached as Exhibit B. Section 4. Administrative Appeals Suspended. Because of the fire hazard emergency, Chapter 1.20.130(A) through 1.20.130(D) of the Port Townsend Municipal Code shall not apply to notices to correct fire hazard code violations that are issued under the authority of this emergency declaration. The decision of the individual issuing the fire hazard code violation shall be the final administrative action of the City. An informal administrative conference as provided for under PTMC 1.20.130(E) is still available. Section 5. Use of contingency funds authorized. The City Manager is authorized to use contingency funds in account 102-000-510-100-41 to abate fire hazard nuisances. Section 6. 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 7. Effective Date. Having been adopted by a majority plus one of the City Council, this Ordinance shall take effect upon adoption. Ordinance 3132 Page 2 of 2 Adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 3rd day of Aug t, 2015. David King Mayor Attest: Approved as to Form: Joanna Sanders, CMC Steven L. Gross City Clerk City Attorney Ordinance 3132 Exhibit Drought Contingency Response Plan Page 1 of 4 CITY OF PORT TOWNSEND DROUGHT CONTINGENCY RESPONSE PLAN Adopted:August 3, 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 two and half to 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 will also take into consideration the time of year when Lords Lake drawdown begins. This drought response plan is divided into three 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 3132 Exhibit Drought Contingency Response Plan Page 2 of 4 had passed and the anticipated drawdown was a couple of weeks away. The additional 3'6" of water level gained is an estimated 70 million gallons. Stage 1—Mandatory Outdoor Restrictions 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 a mandated reduction in outdoor watering. The goal of this stage is to reduce City water consumption by 10 percent. • The City will issue news releases to newspapers and radio stations and update customers through the utility bill newsletter and the City web pages. • The City will initiate water conservation measures in City parks and facilities and identify and contact top water users. • Ensure there are no reservoir or 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. • Request Fort Worden and the schools minimize outdoor watering. • Request customers conserve water by minimizing or eliminating lawn watering and mandate alternating days for customer outdoor watering. Even numbered addresses are only allowed to water on even numbered days and odd numbered addresses may only water on odd numbered days except for limited hand watering of plants at commercial nurseries, community gardens and farms. • The Mill's goal is to reduce their usage 16.7%,from 12 MGD to 10 MGD. • Based on the above consumption goals,with diminishing withdrawals from the Big Quilcene River, Lords Lake is expected to provide 2%-3 months of water supply. Sustained precipitation and rising stream flows facilitating refilling the reservoirs would permit lifting these conservation measures. Stage 2—Additional Outdoor Restrictions and Indoor Conservation Lords Lake water level of 3' and stream flows that prevent refilling the reservoir trigger Stage 2 implementation. At a water surface elevation of 3' it is necessary to pump water into the outlet tower to use the remaining water in Lords Lake. The lake contains an estimated 25 MG in the 3' of water above the bottom of the outlet structure and an additional 30-40 MG below the bottom of the outlet structure. The Paper Mill is responsible for installing a portable pump to lift water into the outlet structure, if necessary, and may operate the pump as long as water is available and turbidity at the Lords Lake outlet is maintained below 4 NTU. A Stage 2 declaration aims to further curtail outdoors use of water.The goal of this stage is to reduce City 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. Ordinance 3132 Exhibit Drought Contingency Response Plan Page 3 of 4 • Customers will be limited to once a week outdoor watering except for limited hand watering of plants at commercial nurseries, community gardens and farms. • Vehicle washing is prohibited except at commercial car washes. • Water will not be used for construction projects to reduce dust. • Customers will be asked to reduce indoor use of water. • Door hangers or personal contact will be used to notify water use violators. • Repeat violations will subject the consumer to potential shutoff. • The entire volume of City Lake is reserved for municipal consumption and that necessary for Paper Mill health and safety. • The Paper Mill will submit a revised action plan to further reduce consumption. • The City of Port Townsend is reserving a quantity of water in City Lake and/or Lords Lake with the goal to have City Lake at least half full (22' 6"—70MG) on November 301h based on consumption during Stage 2 (Number of days until November 301h multiplied by the current consumption plus the 70 MG reserve to be maintained in City Lake on November 301h) • The Paper Mill will cease production and limit water use to that essential for health and safety when Lords Lake is empty or if the volume of water reserved for municipal use is reached. • The remaining volume in Lords Lake is expected to provide 5 days of supply. Sustained precipitation, rising stream flows, City Lake filled, and refilling Lords Lake would permit lifting some or all of these conservation measures. Stage 3—Water Rationing A Stage 3 declaration rations the 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" (128 MG). The goal of this stage is to reduce consumption 30 percent below the average municipal daily demand and to ensure City Lake is at least half full (22' 6"—70MG) 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 will be utilized to ensure that information about the severe nature of the situation is communicated. • No outdoor use is permitted except for limited hand watering of plants at commercial nurseries, community gardens and farms. • Non-critical accounts will be turned off after notification to the customer. • Penalties, such as monetary or shutoff,will be applied for violations as adopted by the Port Townsend City Council. • The volume in City Lake is expected to provide 3 months of supply at a total usage of 1 MGD. Sustained precipitation, rising stream flows, and refilling City Lake would permit lifting these conservation measures. Ordinance 3132 Exhibit Drought Contingency Response Plan Page 4 of 4 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 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. City would request the Mill to develop operating protocols for water use during a fire emergency. Ordinance 3132 Exhibit B Fire Hazard Response Plan Page 1 of 2 EXHIBIT B FIRE HAZARD RESPONSE PLAN This Fire Hazard Response Plan("Plan") is designed to guide City staff responses to the increased fire hazards caused by the ongoing drought emergency. State and City law already provide sufficient legal authority to abate fire hazard nuisances. The emergency powers authorized by the City Council enhance this legal authority by providing a funding source for abatement, and by eliminating a time-consuming administrative appeal process. 1. Lead Department. The Port Townsend Police Department shall be the lead for fire hazard enforcement. PTPD will coordinate with East Jefferson Fire and Rescue("EJFR")and other City departments are required. 2. Identification of fire hazards. Fire hazards, including vegetation and other fuel sources, will be identified by City staff, EJFR, and citizen complaints. EJFR performed a detailed assessment related solely to vegetation(Encl. A). 3. The City will prioritize fire hazards by determining whether the hazard is immediate or non- immediate. For non-immediate fire hazards,the priorities will be: 3.1. Dense residential/Multi-family 3.2. Less-dense residential 3.3. Dense Commercial/Industrial 3.4. Less-dense Commercial/Industrial 3.5. Public Infrastructure—Utilities 3.6. Hazardous Materials locations. 4. For identified hazards, PTPD will issue a notice to correct with a very short time for corrections. If the property owner agrees,the City will enter the property, perform the work, and bill the owner. If the owner is unable to pay,the City may still do the work if the owner agrees to the City putting a lien on the property to ensure repayment. 5. If administrative abatement is not successful,the City will file a lawsuit in Superior Court to obtain an order of abatement, and to recover the City's costs. Ordinance 3132 Exhibit B Fire Hazard Response Plan Page 2 of 2 ENCLOSURE A ASSESSMENT PERFORMED BY EAST JEFFERSON FIRE AND RESCUE Assessment: CITY OF PORT TOWNSEND This assessment consisted of five elements: A. Vegetative Fuels and Other Sources—Ladder fuels such as grass or hay grass,taller vegetation and eventually trees. Short green grass found in fields or on the side of the road during the earlier or wet times of the year can be a source of fuel for fire if exposed to an ignition source and heat for a period of time. Taller dried or dead hay grass such is found in fields or on the side of roads during the warm time of year, if exposed to an ignition source to include heat would be much more easily ignitable and would provide greater fuel. Once ignited fire would travel upward to large fuels and eventually travel to trees. B. Topography—Once a wild land type fire within an urban Interface area much like the City of Port Townsend is started it will begin to burn upward, utilizing ladder fuels such as grass,then leading into taller brush, then into the trees and eventually traveling up hill. C. Fire History—Port Townsend has a history of vegetative or field grass fires during the summer months. D. Fire Weather-The probability of a fire starting is largely dependent on an ignition source, fuel conditions, and the weather. Currently all of Washington State is under a burn ban. Lack of precipitation for the year has caused the State Governor to declare a state wide drought. The unusually warm temperatures have also caused the ground fuels to become unseasonably dry. Wind(breeze)normally associated with this area of Port Townsend would fan a fire aiding in rapid fire growth and spread. E. Potential Fire—There are several conditions in which the standing dry vegetation e.g ladder fuels could be ignited. First is of natural occurrence e.g., lighting. Second discarded lit material e.g. cigarette or fireworks.Third vehicle or mechanical defect or fault e.g. vehicles traveling on City streets, and Fifth arson. Conclusion: This assessment indicates the need for emergent mitigation to reduce the potential for rapid fire spread within the City limits of Port Townsend. Fires if not controlled, can endanger human life and cause serious damage to property,natural resources, and the environment. Fire damage can be prevented or minimized if mitigation efforts are made. With that said the City should take safeguards to prevent the occurrence of a fire and take action that moderates the severity of a fire hazard or risk, specifically the reduction of fuel directed at reducing the potential incident and severity of a fire. Acceptable methods of ladder fuel reduction from within the City limits of Port Townsend to include easements include, but are not limited to,mowing,weed-eating, edging, hand removal and removal of all cut vegetative material.