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Home My WebLink About18 & 19 - CorrespondenceReceived After Agenda Printed May 12, 2015 Item No. 18 & 19 From: City Clerk's Office Sent: Tuesday, May 12, 2015 1:28 PM To: McDonald, Cristal; Mulvey, Jennifer; Rieff, Kim Subject: FW: URGENT: Letter of Opposition Attachments: Letter of Opposition.pdf; LA Times Article.pdf; CPSA Drought PowerPoint.ppt From: Alexander MacIlraith Sent: Tuesday, May 12, 2015 1:26:56 PM (UTC- 08:00) Pacific Time (US & Canada) To: City Clerk's Office Subject: URGENT: Letter of Opposition Hello, Per my discussion with Jennifer, I have attached a letter of opposition on behalf of the California Pool & Spa Association relative to the prohibitions on filling swimming pools as contained in the water ordinance (Item 18) and stage 3 prohibitions (Item 19). As discussed, the council is voting on this issue tonight. Please let me know if you have any questions. Unfortunately we just learned of this proposal but will try our best to send a representative. ALEX MACILRAITH N O Ii. W O O i? Legislative Aide 915 L Street, Suite 1110 1 AT E 5 Sacramento, CA 95814 loam 916 - 447 -5053 / 916 -447 -7516 fax Government keiaaan� amacilraitWnalobby.net R California Pool a Spa Association May 12, 2015 Mayor Edward D. Selich City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Dear Mayor Selich: On behalf of the California Pool & Spa Association (CPSA) and a number of its members who do business in the city of Newport Beach and Orange County, I am writing to oppose the restrictions on filling swimming pools as contained in Resolution No. 2015 -34. Swimming pools are not water wasters, they save tens of thousands of gallons of water compared to the traditional landscaping they replace, generate more than $5 billion in economic activity in California, and provide the highest economic impact of any industry per acre foot of water with the exception of high -tech. The city's enactment of mandatory water use restrictions specifically reflects the mounting wave of pressure that has engulfed California due to a depleted water supply. As educators of a statewide campaign to promote water conservation, CPSA can support and endorse much of what is contained in the ordinance. However, we must take issue with the item in those restrictions relating to the moratorium on filling new swimming pools. The pool filling prohibition is contrary to any of the restrictions contained in the Governor's Emergency Proclamation of January 171h (2014), the Governor's subsequent executive order issued April 25th (2014) aimed primarily at outdoor water use, and the most recent April 1" (2015) executive order mandating substantial water reductions. Additionally, this restriction goes significantly beyond the emergency regulations approved by the State Water Resources Control Board, who voted on March 17th to prohibit certain outdoor water use and require urban water districts to implement mandatory outdoor water restrictions. The S WRCB restrictions relative to pools are limited to only prohibit "the use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system." CPSA opposes and would caution against water restrictions that discriminate against individual businesses, rather than adopting restrictions that encourage water saving by all businesses and individuals across the board. Once the city begins to go down the road of business- specific water use restrictions, it puts itself in the position of deciding which businesses or industries might be forced to close their doors. For example, prohibiting the use of city water for maintaining a nursery, operating a sod farm, or washing vehicles on a car sales lot all become public policy options with extreme social and economic implications. However, the only restriction contained in level 3 that effectively puts an entire industry out of business is the moratorium on swimming pools. Additionally, residents remain capable of maintaining Protect • Educate • Promote California Pool & Spa Association Phonc: (916) 447 -4113 Fax: (916) 447 -7516 915 L Street, Suite 1 110 . Sacrmneito, CA 95814-3705 Email: infontheCPSA.org Web: wtwv.theCPSA.org a green lawn! This is extremely problematic to an industry that generates more than $5 billion annually in economic activity across the state. The prohibition would have a colossal impact in terms of the jobs and tax revenue lost, but most importantly it is not supported by the facts. It is undisputed that swimming pools use very little water, Independent studies have shown that newly - constructed swimming pools save more than 10,000 gallons of water during their first year alone when compared to the lawn landscaping they typically replace. Furthermore, a pool without a cover saves 30,000 gallons per year thereafter. Moreover, data from water districts like Santa Margarita have determined that a pool with a cover reduces evaporation by as much as 90 percent, resulting in less water being used than even drought-resistant landscaping That is why water districts and cities who have implemented prohibitions on filling and refilling swimming pools — in the level(s) before complete prohibitions on irrigation — have repealed this unfair restriction that displaces hard - working families from the economy and puts them out of work. Moreover, there are select circumstances when tilling or refilling a swimming pool is necessary for safety and maintenance purposes. For example, to forbid a swimming pool owner from filling a new or existing empty swimming pool imposes significant safety hazards that can result in severe injury or even death. To make matters worse, such a restriction exposes pool owners to serious and costly lawsuits. In addition, a swimming pool left empty can result in a warped shell and cause significant or irreparable damage. While the CPSA does not stand behind waste or dump -and -fill practices, it can on seldom occasions be necessary to drain a swimming pool for health purposes. The CPSA and its members are trying to be a part of the solution in this year's drought. Despite the fact that swimming pools use substantially less water than the lawns they typically replace, there is still more that swimming pool and spa owners can do to contribute to conservation efTorts. That is why the CPSA has launched a statewide campaign — dubbed "Let's Pool Together" — to provide pool and spa owners with additional steps they can take to save water during this severe drought. In fact, our campaign has been referenced by hundreds of pool businesses across the state and has provided consumers with additional conservation tips that allow them to be part of the solution. These efforts have proven successful and resulted in a campaign partnership with the state's Save Our Water campaign — a statewide program headed by the Association of California Water Agencies and the California Department of Water Resources aimed at helping Californians reduce their everyday water use. The swimming pool industry encompasses a myriad of regional jobs, generates substantial revenue for local governments, and allows thousands of Californians to save water by replacing a water - intensive landscape with a water - efficient pool. I have included some information that derives from our association as well as the Santa Margarita Water District who recently repealed prohibitions upon swimming pools and spas. For all the aforementioned reasons, we are requesting that the City Council remove this prohibition on filling swimming pools and move it to the stage during which all outdoor irrigation is prohibited and/or provide CPSA and some of its local members an opportunity to meet with city staff to discuss this issue. Thank you for consideration of this request. Sincerely, John A. Norwood, CPSA President cc: Council Member Diane Dixon, Mayor Pro Tern Council Member Tony Petros, District 2 Council Member Duffy Duffield, District 3 Council Member Kevin Muldoon, District 4 Council Member Scott Peotter, District 6 Council Member Keith Curry, District 7 Yl1 b2U14 Water agencies are leaming pools aren't a big factor during drought - LA Times Water agencies are learning pools aren't a big factor during drought CY The Siefsits nMar 'd -'e sc: zta me feel ci;: ra ,.,._t' P,c ii;. n001 bul an lysPs s.;gyest they sha An't. (Luis Sinro Los Angetzs 3usu -t�} By NIAT T E v -'i S SEPT E;b16ER 12, 2014, 6:31 PM The Sieferts are the kind of environmentally conscious family who attend local sustainability workshops and have solar panels atop their Mar Vista home. They use timers on their kids' showers and have planted drought- tolerant landscaping. But they feel a twinge of guilt over their beloved 52- foot -long srvrmtTring pool. "I haven't thought about the pool as much as I probably should," said Annette Siefert, 5o. "Bit I think we've done every =thing we can do not to be wasters." California's drought worsens, swimming pools have become a target for those who thin]( the classic backyard oasis wastes water. Sortie water districts have prohibited new pools from being filled and have limited how much water existing pools can use, http:gwww.latimes.wmllocallia -me -pool- haters - 20140913- story.html 113 9!15/2014 Water agencies are learning pools aren't a big factor during drought - LA Times But some of those agencies are walking back the riles as they make a surprising discovertir: Pools aren't the water wasters some have made them out to be. Analyses by various water districts, along with scientific studies, conclude that pools and their surrounding hardscapes use about the sane arnorurt of water as a lawn of the same size. Overtime, pools might even use less water, With pool covers, experts say Fluter evaporation can be cut by Ann st half, making pools significantly less wasteful than brass and about as efficient as drought - tolerant landscaping. Facing complaints over a recent ban on filling pools, the Santa Margarita Water District conducted its own 4+ater -use analysis. It found that pools require thousands of gallons of water to fill initially, but they use about 8,00o gallons less water than a traditional landscape: after that. By the third year, the analysis found, the savings add up, and a pool's cumulative water use falls below that of a lawn, Water agencies such as the Los Angeles Department of Water and Power have come to similar conclusions. Armed with new information, Santa Margarita Water District officials rail reconsider their ban next rweek. "We want to respect the people's rights to use their property. There are many families we know that have saved for pools," said,Fonadtart tiolzke, spokesman for the 1S5,000- customer district. "But at the same tinge, the reality around us is that we're in the third vear of a serious drought, and we don't know if we're in the third Year of a three -year drought or the third _year of a io -year drought." At -least two California water distributors have rolled back pool - filling limitations after being contacted by the pool lobby and crunching the numbers. fu S.zcratnento County, the Carmichael Water District had banned filling new swfmming pools but later nuoied the restriction to a more severe drought stage after officials realized that the district's customers had already reduced their overall water use by 20 %. About 50 miles northeast of Carmichael, the Placer County Water Agency decided against enacting apool- filling restriction for existing pools after an analysis showed that the anuoturt of water used for pools was inconsequential compared with total neater use. The approximately 75 new pools the agency permitted in 2ou;_, consumed about 6 acre -feet of water, said Tony Firenzi, deputy director of technical serv=ices. For comparison, he said, the agency doles out more than ioo,000 acre -feet of water per year to its approximately 38,000 customers. http: //w .latimes.com /local /la -me- pool- haters-2014091,1- story.htmi p/g 911512014 Water agencies are learning pools aren't a big factor during drought- LA Times "You would have to be in very, very desperate conditions to beat a point where water that is consumed at a restaurant or water that is used for filling of a pool is significant enough to change the situation," he said. The Los Angeles DWP has yet to enter the phase of its conservation plan that prohibits filling residential swimming pools with drinkable water. The department has emphasized reducing irrigation and landscaping before turning to pools, a spokeswoman said. That means that Annette Siefert and her family can keep swimming — at least for now. Siefert grew up in California and has always had a pool nearby. When her family bought a 16,000- square -foot lot, she knew a pool would go in the backyard. Her son Casey, tg, has epilepsy, which can make leaving home hard. Nolan Siefert, 17, has ,Ssperger s syndrome, and doesn't usually like going ant. The pool is an important center of the family's staycations — a sanctuary where Annette can keep an eye on her lids from the kitchen. On a recent weekday, Nolan cannonballed, into the deep end as the sun began to set. Casey dove in after, drawing his parents' praise. "It's here now, and I would never consider emptying the pool," Annette said. "At some point you ,just live. This is what makes us really happy." III att_stevens(dP tat iIn es.coIn Twitter: (f7,MattSte.ve11sl,AT http: /IW"Aatimes.com /local /la -me -pool- haters- 20140913-story.htmi 313 California's Drought Pool Industry 2015 CPSA �`/ California Pool & Spa Association 0 L M CL E V Lm �s 4 H 0 0 CL Swimming Pools $903,226 Hi -Tech $949,614 -0 Rice $58 Q7 Alfalfa $65 th L Cotton $252 G Total Agriculture $893 d Orchards $927 C ra Vineyard $1,510 '~ � O Fruits & Vegetables $3,585 LL Schools $36,378 i U Food Processing $88,784 O Q Paper & Mills $124,045 i L cL Petroleum Refining $162,274 Total Commercial $547,153 O Total Industrial $574,923 N Swimming Pools $903,226 Hi -Tech $949,614 Rice 1 Cotton 3 Almond / Pistachio 6 Total Agriculture 12 Fruits & Vegetables 18 Vineyard 35 Petroleum Refining 195 Schools 1,000 Food Processing 1,081 Office Buildings 2,509 Semiconductors 9,013 Retail Stores 10,428 Swimming Pools 11,797 ACPSA2013: 698 Acre feet of water used to fill all of the pools built in the state of California — 8,234 Jobs were created 101/ California Pool & Spa Association Actual Water Use of Average Pool • Premise... Pools Replace Lawns Average Pool Covers 1,200 Square Feet of Yard (475 Square Feet (Pool) + 725 Square Feet of (Concrete)) • Year One Analysis of Water Use Average Pool to Fill Make -up Water • Water Used to Water 1,200 Square Foot Lawn • Water Savings in Fill Year • Water Savings Every Year Thereafter 'CPSA California Pool & Spa Association 18,000 14,000 323000 44,000 12,000 Per Pool 30,000 Per Pool How big is your pool? - SQFT of Water Shallow End Depth? Deep End Depth? How big is your patio? - SQFT of Decking Annual WaterSavings - Gallons Pool Capacity - Gallons Annual Water Savi ngs - Gallons - Year of Fill Yearly Savings Year 1- Fill Year 1 12,338 Year 2 30,150 Year 3 3Q150 Year 4 1 30,150 Year 5 1 30,150 Total Savings 12,3381 42,488 72,638 102,788 132,938 30,150 17,813 12,338 5 Year Water Savings 132,938. Santa Margarita Water District Data; Average Pool Installation Enter data in shaded cells. 5 Enter Average depth of Pool (Feet) 480 Enter Pool area (Square Feet) 769 Enter area of hardscape and decking (Square Feet) 1,249 Area of traditional landscaping being removed or not installed due to pool install (Sq.Ft.) 17,952 Initial Pool Fill Volume (Gallons) 14,952 Annual Pool Water Use without Cover (Gallons) 8,971 Annual Pool Use with Cover (Gallons) 29,180 Annual Water Use of Efficient Landscape (Gallons) 17,508 Annual Water Use of CA Friendly Landscape (Gallons) Cumulative Water Use Comparison (Gallons) Pool without Cover Pool with Cover Traditional Landscape CA Friendly Landscape Year 1 32,904 26,923 29,180 17,598 Year 2 47,856 35,894 58,360 35,016 Year 3 62,808 44,866 87,539 52,524 Year4 77,760 53,837 116,719 79,031 Years 92,712 62,808 145,899 87,539 5 Year Water cost $ 310 $ 210 $ 488 $ 293 160,000 140,000 120,000 100,000 S 80,,00[) A 60,000 40,000 20,000 Water Use Comparison Years Year2 Year3 Year4 Year5 Pool without Cover — — Pool with Cover — Traditional Landscape —CA Friendly Landscape