HomeMy WebLinkAbout04-13-2021 Special Meeting Agenda Packet
Tuesday, April 13, 2021
San Luis Obispo Page 1
Based on the threat of COVID-19 as reflected in the Proclamations of Emergency issued by both the Governor
of the State of California, the San Luis Obispo County Emergency Services Director and the City Council of the
City of San Luis Obispo as well as the Governor’s Executive Order N-29-20 issued on March 17, 2020, relating
to the convening of public meetings in response to the COVID-19 pandemic, the City of San Luis Obispo will
be holding all public meetings via teleconference. There will be no physical location for the Public to
view the meeting. Below are instructions on how to view the meeting remotely and how to leave public
comment.
Additionally, members of the City Council are allowed to attend the meeting via teleconference and to
participate in the meeting to the same extent as if they were present.
Using the most rapid means of communication available at this time, members of the public are
encouraged to participate in Council meetings in the following ways:
1. Remote Viewing - Members of the public who wish to watch the meeting can view:
• View the Webinar (recommended for the best viewing quality):
➢ URL: https://slocity-org.zoom.us/j/92758086887?pwd=cnovYlRueldRemRIRktxNnBzdWFXQT09
➢ Telephone Attendee: +1 (669) 669-900-6833
Webinar ID: 927 5808 6887; Passcode: 645409
Note: The City utilizes Zoom Webinar for City Council Meetings. All attendees will enter the meeting
muted. An Attendee tutorial is available on YouTube; please test your audio settings.
• Televised live on Charter Cable Channel 20
• View a livestream of the meeting on the City’s YouTube channel: http://youtube.slo.city
2. Public Comment - The City Council will still be accepting public comment. Public comment can be
submitted in the following ways:
• Mail or Email Public Comment
➢ Received by 3:00 PM on the day of meeting - Can be submitted via email to
emailcouncil@slocity.org or U.S. Mail to City Clerk at 990 Palm St. San Luis Obispo, CA 93401.
All emails will be archived/distributed to councilmembers, however, submissions after 3:00 p.m. on
the day of the meeting may not be archived/distributed until the following day. Emails will not be
read aloud during the meeting.
• Verbal Public Comment
➢ In Advance of the Meeting - Call (805) 781-7164; state and spell your name, the agenda item
number you are calling about and leave your comment. The verbal comments must be limited to 3
minutes. All voicemails will be forwarded to the Council Members and saved as Agenda
Correspondence. Voicemails will not be played during the meeting.
➢ During the meeting – Join the webinar (instructions above). Once public comment for the item
you would like to speak on is called, please raise your virtual hand, your name will be called, and
your microphone will be unmuted. If you have questions, contact the office of the City Clerk at
cityclerk@slocity.org or (805) 781-7100.
San Luis Obispo City Council Agenda April 13, 2021 Page 2
5:30 PM
SPECIAL MEETING
TELECONFERENCE
Broadcast via Webinar
CALL TO ORDER: Mayor Heidi Harmon
ROLL CALL: Council Members Carlyn Christianson, Jan Marx, Andy Pease,
Vice Mayor Erica A Stewart, and Mayor Heidi Harmon
PRESENTATIONS
1. ADVISORY BODY RECOGNITION (PURRINGTON – 30 MINUTES)
The Mayor and City Council will recognize Advisory Body members for their service.
PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
(Not to exceed 15 minutes total)
The Council welcomes your input. State law does not allow the Council to discuss or take action on
issues not on the agenda, except that members of the Council or staff may briefly respond to statements
made or questions posed by persons exercising their public testimony rights (Gov. Code sec. 54954.2).
Staff may be asked to follow up on such items.
PUBLIC HEARING AND BUSINESS ITEMS
2. INTRODUCE AN ORDINANCE AMENDING THE SAN LUIS OBISPO
MUNICIPAL CODE TO ADD CHAPTER 8.10 (SHOPPING CARTS), AND AN
ORDINANCE AMENDING CHAPTER 12.04 (ENCROACHMENTS AND
EXCAVATIONS) AND CHAPTER 12.20 (PARK REGULATIONS)
(STANWYCK / AVAKIAN / HORN – 90 MINUTES)
Recommendation:
1. Introduce an Ordinance entitled, “An Ordinance of the City Council of the City of San
Luis Obispo, California, amending Title 8, Health and Safety, of the Municipal Code to
add Chapter 8.10 pertaining to the unauthorized removal of shopping carts from retail
establishments and to facilitate retrieval of abandoned shopping carts;” and
2. Introduce an Ordinance entitled, “An Ordinance of the City Council of the City of San
Luis Obispo, California, amending Chapter 12.04 and Chapter 12.20 of the San Luis
Obispo Municipal Code to clarify expressly that tents and similar structures are
prohibited encroachments in public parks” consistent with a previously issued clarifying
Memorandum; and
3. Based upon input from the Parks and Recreation Commission meeting of April 7, 2021,
provide direction to staff on whether, and in what form, to proceed with regulation of
child play areas within City parks, including potential limitation of use of designated
child play areas based on age or intended purpose of play equipment in the area.
San Luis Obispo City Council Agenda April 13, 2021 Page 3
STUDY SESSION ITEMS
3.2020 URBAN WATER MANAGEMENT PLAN AND WATER SHORTAGE
CONTINGENCY PLAN (FLOYD / BOERMAN / METZ – 45 MINUTES)
Recommendation:
1.Receive a presentation on the 2020 Urban Water Management Plan and Water Shortage
Contingency Plan; and
2.Provide comments and direction to guide final Water Shortage Contingency Plan
development.
LIAISON REPORTS AND COMMUNICATIO NS
(Not to exceed 15 minutes)
Council Members report on conferences or other City activities. At this time, any Council
Member or the City Manager may ask a question for clarification, make an announcement, or
report briefly on his or her activities. I n addition, subject to Council Policies and Procedures,
they may provide a reference to staff or other resources for factual information, request staff to
report back to the Council at a subsequent meeting concerning any matter or take action to
direct staff to place a matter of business on a future agenda. (Gov. Code Sec. 54954.2)
ADJOURNMENT
The next Regular City Council Meeting is scheduled for Tuesday, April 20, 2021 at 5:30 p.m.,
via teleconference.
LISTENING ASSISTIVE DEVICES are available for the hearing impaired--please see City Clerk.
The City of San Luis Obispo wishes to make all of its public meetings accessible to the public.
Upon request, this agenda will be made available in appropriate alternative formats to persons with
disabilities. Any person with a disability who requires a modification or accommodation in order to
participate in a meeting should direct such request to the City Clerk’s Office at (805) 781-7100 at least
48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805) 781-7410.
City Council regular meetings are televised live on Charter Channel 20. Agenda related writings or
documents provided to the City Council are available for public inspection in the City Clerk’s Office
located at 990 Palm Street, San Luis Obispo, California during normal business hours, and on the
City’s website www.slocity.org. Persons with questions concerning any agenda item may call the City
Clerk’s Office at (805) 781-7100.
1010 Marsh St., San Luis Obispo, CA 93401
(805) 546-8208 . FAX (805) 546-8641
PROOF OF PUBLICATION
(201.5.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Luis Obispo,
I am a citizen of the United States and a resident
of the county aforesaid; I am over the age of
eighteen years, and not a party interested in the
above entitled matter. I am the principal clerk
of the printer of the New Times, a newspaper
of general circulation, printed and published
weekly in the City of San Luis Obispo, County
of San Luis Obispo, and which has been
adjudged a newspaper of general circulation by
the Superior Court of the County of San Luis
Obispo, State of California, under the date of
February 5, 1993, Case number CV72789: that
notice of which the annexed is a printed copy
(set in type not smaller than nonpareil), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dares, to -wit:
in the year 2021.
I terrify (or declare) under the the penalty of
perjury that the foregoing is true and correct.
Dated at San Luis Obispo, C forma, this day
—of 2021.
Patricia Horton, New Times Legals
AlviniP..... J �. FTMG AJm,NmMG OecdWSWUS.?P ,c Na a—fnr PA
Proof of Publication of
ei+
SAN LUIS OBISPO CITY COUNCIL
NOTICE OF PUBLIC HEARING
The San Luis Obispo City Council invites all interested
parsons to participate in a public meeting on Tuesday,
April 13, 2021, at B90 p.m. While the Council encourages
public participation, growing concern about the COVID-19
pandemic has required that public meetings be held via
teleconference. Meetings can be viewed an Government
Access Channel 20 or streamed live from the City's YouTulte
Channel at htlp9/yomube.slo.city. Public comment prior to
the start of the meeting, may be submitted in writing via U.S.
Mail delivered to the City Clerk's office at 990 Palm Street
San Luis Obispo, CA 93401 or by email to emailcouncil®
slocittarg.
Public Hearing Item:
• A Public Hearing to 1) Introduce an Ordinance to add
Chapter 8.10 to the San Luis Obispo Municipal Code
pertaining to the unauthorized removal of shopping carts
from retail establishments and to require retrieval of
abandoned shopping carts; 2) Introduce an Ordinance to
amend Chapter 12,04 of the San Luis Obispo Municipal
Code clarifying definitions and regulations pertaining to
the prohibition of tents and other structures or objects
that obstruct activities from public view in parks.
For more information, contact Teresa McClish, Special
Projects Manager, forthe Cdy' Comm mzy Development
Department at (8051 783-7840 or by email, enccllsh@
slocity.org.
The City Council may also discuss other hearings or
business items before or after the items listed above. If you
challenge the proposed project in court, you may be limited
to raising only those issues you or someone else raised at
the public hearing described in this notice, or in written
correspondence delivered to the CM Council at or prior to,
the public hearing.
Reports for this meeting will be available for review online at
wwwslocity.org no later than 72 hours prior to the meeting.
Please call the City Clerk's Office at (8(15) 781-7100 for more
information. The City Council meeting will be televised live
on Charter Cable Channel 20 and live streaming on the Cry's
YouTube channel https//youtube.sloxity.
Teresa Purrington
City Clerk
City of San Luis Obispo
Aprill, 2021
BLANK PAGE
This page is intended to be blank so that you can print double-sided.
Department Name: Community Services
Cost Center:
For Agenda of: April 13, 2021
Placement: Public Hearing
Estimated Time: 90 Minutes
FROM:
Prepared By:
Shelly Stanwyck, Assistant City Manager
Jeff Smith, Acting Police Chief
Robert Cudworth, Police Lieutenant
Greg Avakian, Parks and Recreation Director
Michael Codron, Community Development Director
SUBJECT: INTRODUCTION OF ORDINANCES AMENDING THE SAN LUIS OBISPO
MUNICIPAL CODE TO ADD CHAPTER 8.10 (SHOPPING CARTS),
REQUIRING THE PRIVATE MANAGEMENT OF SHOPPING CARTS AND
RETRIEVAL OF CARTS FROM PUBLIC SPACES; AND TO AMEND
CHAPTER 12.04 (ENCROACHMENTS AND EXCAVATIONS) AND
CHAPTER 12.20 (PARK REGULATIONS), TO CLARIFY THAT TENTS AND
SIMILAR STRUCTURES ARE PROHIBITED ENCROACHMENTS IN CITY
PARKS
RECOMMENDATION
1.Introduce the following Ordinances:
a.An Ordinance to add Chapter 8.10 (Attachment A) pertaining to the unauthorized
removal of shopping carts from retail establishments and to facilitate retrieval of
abandoned shopping carts; and
b.An Ordinance to amend Municipal Code Chapters 12.04 and 12.20 (Attachment B) to
add language expressly clarifying that tents and similar structures are prohibited
encroachments in City parks, consistent with a previously issued clarifying Memorandum
(Attachment C); and
2.Based upon input from the Parks and Recreation Commission meeting of April 7, 2021,
provide direction to staff on whether, and in what form, to proceed with regulation of child
play areas within City parks, including potential limitation of use of designated child play
areas based on age or intended purpose of play equipment in the area.
REPORT-IN-BRIEF
As homelessness in the community persists, the City has advanced strategies to meet the ongoing
challenges through a combination of outreach, services, support and regulation. These strategies
include a wide variety of direct expenditures to help fill a gap that exists in regional services for
members of the unhoused community. For example, the City funds the Grants-in-Aid program to
support activities by non-profit social service providers that benefit our unhoused residents with
important mental health services, shelter services and a wide variety of other programs.
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The City also provides substantial annual funding to CAPSLO for the operation of the 40 Prado
Homeless Services Center and Safe Parking programs and will also be funding a 25% expansion
of shelter beds at 40 Prado. The City has a Community Action Team (CAT) that has partnered
with Transitions Mental Health to pairs a social worker with a police officer to improve outreach
and outcomes for unhoused residents by addressing root cause needs and assisting homeless
residents to connect with needed services.
Going forward, the City plans to expand its CAT team by adding an additional social worker and
creating a Mobile Crisis Unit to pair an Emergency Medical Technician (EMT) with a social
worker to improve outcomes. The City has also recently created and hired a new Homelessness
Response Manager position to advocate for and facilitate regional collaboration and coordinate
internal City actions for enhanced efficiency and effectiveness. The City has committed to these
substantial efforts notwithstanding the fact that it is not a social services provider and does not
receive social state or federal social services funding, like the County of San Luis Obispo. The
City does program and permit the construction of affordable housing, including housing for
extremely low, very low-, and low-income households. Since January 1, 2019, a total of 63
affordable housing units were constructed in the City of San Luis Obispo.
Despite the City’s significant efforts and financial contributions toward solutions, homelessness
in the community and the impacts of homelessness persist, and the root cause for these social
changes are far beyond the ability of the City to have systemic impact and public complaints
continue regarding adverse and illegal behaviors, environmental degradation of public spaces,
and squalid conditions related to some homeless encampments. Thus, combined with its
community support and services efforts, City staff is recommending changes to its municipal
code to help maintain quality of life and safe use of public amenities - including parks - for all
residents, businesses, and visitors of the City.
This report is being presented to address impacts arising from deleterious activities in public
spaces that require new or clarifying local legislation. Two ordinances are presented for
introduction and staff is also seeking direction regarding whether and how to proceed with the
regulation of child play areas in City Parks.
The first ordinance relates to shopping carts. The purpose of the proposed shopping cart
ordinance is to promote the public health, safety and welfare and the aesthetic qualities of the
City by regulating and prohibiting the removal of shopping carts from the premises of retail
establishments where they are designed to be uses, including designated parking areas, without
the authorization or consent of the cart owner, and to regulate the retrieval and disposition of
abandoned or unattended shopping carts that are found off the premises of retail establishments.
The second ordinance provides for a codified clarification of existing rules related to tents and
other structures or objects erected in parks. Such structures interfere with the general public use
and enjoyment of park and recreational spaces for their intended purposes because they obstruct
open public views in City parks; physically obstruct or impair the use of the parks equally b y all
members of the public for their intended purposes; obstruct regular and ongoing park
maintenance efforts; and conceal unlawful conduct in the parks from public view and regulation.
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Finally, this report includes information about the potential creation or modification of an
ordinance to support and ensure proper playground use. The goal of such a regulation would be
to provide a consistent and safe environment for families and children for whom playground
equipment and areas are designed to experience park amenities as designed and intended. Such
provisions can help ensure the safety and integrity of the equipment, as well as preserve the
overall playground environment for its intended purpose of allowing children to experience and
engage in recreational and social activities. The general issue of creating and maximizing
playgrounds for child development and use is being explored by the Parks and Recreation
Commission and Staff will return with any recommendations prior to potential Council action.
DISCUSSION
Background
Two new or modified ordinances are being presented to address impacts arising from illegal
activities in public spaces that require new or clarifying local legislation. While neither of the
ordinances recommended for introduction directly regulate any particular group based on status,
staff is aware of perceptions that the ordinances regulating the activities at issue are the subject
of discussion among homeless advocates in the City and that some of those advocates have
voiced opposition to the type of regulation being considered, notwithstanding the adverse
community impacts and illegal conduct the provisions seek to address. Accordingly, this
background section, in addition to describing the practical public and environmental health and
safety considerations driving recommendation of the two ordinances being proposed, also
includes clarifying information regarding the legal distinction between regulating status and
regulating illegal or adverse activities that are impacting public spaces. In that context, staff has
included information regarding the City’s ongoing programmatic attention and financial support
for the unhoused members of our community, as well as describes the forward-looking efforts to
positively impact our local circumstances through the Council’s adoption of a Housing and
Homelessness Major City Goal and proposed work program for the 2021-23 Financial Plan.
1. Impacts of Illegal and Inappropriate Activities in Public Spaces Require Ordinance
Clarification and Further Evaluation
a. Ordinance Clarification: Public Nuisance of Abandoned or Unattended Shopping
Carts
The City has a substantial interest in promoting the public health, safety and welfare of its
residents, visitors, and businesses, and the aesthetic qualities of the City. Abandoned or
unattended shopping carts off the premises of retail establishments can interfere with
pedestrian and vehicle traffic and the use of public streets, sidewalks, public areas, and
public rights-of-way for their intended purposes and can create dangerous conditions for
users of those public spaces. The City has removed hundreds of abandoned shopping
carts from public spaces. In some instances, they are returned, in other instances the
owner picks them up and in most cases the City disposes of them.
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They can also constitute a hazard to streams, riparian areas, and other natural areas, and
contribute substantially to litter, clutter, and visual blight. As such, the proposed
ordinance would deem abandoned or unattended shopping carts that are found off the
premises of retail establishments, on either public property or private property, to be a
public nuisance, subject to abatement by the City if the private retail owners of the
shopping carts do not fulfill their obligations to maintain their carts on site or retrieve
those that have migrated off site.
The purpose of the proposed shopping cart ordinance is to promote the public health,
safety and welfare and the aesthetic qualities of the City by regulating and prohibiting the
removal of shopping carts from the premises of retail establishments, including
designated parking areas, without the authorization or consent of the car t owner, and to
regulate the retrieval and disposition of abandoned or unattended shopping carts that are
found off the premises of retail establishments.
The intent of the regulation is to:
1. Provide for pedestrian and vehicle safety;
2. Ensure that the flow of pedestrian or vehicle traffic is not unreasonably interfered
with, including ingress into or egress from any residence, place of business, street,
sidewalk, public area, public right-of-way, or any legally parked or stopped
vehicle;
3. Protect streams, riparian areas and other natural areas; and
4. Reduce litter, clutter and visual blight associated with abandoned or unattended
shopping carts.
b. Ordinance Clarification: Safety and Maintenance Concerns Associated with Tents and
Enclosed Structures in Park Spaces
Providing safe, inclusive, accessible, and clean parks for the San Luis Obispo community
is a priority for the Parks and Recreation Department. The recent influx of tents and
enclosed structures has caused concern for staff and community members who have
experienced unsafe and inaccessible conditions relating to activities being conducted in
and around tents in City parks that have deterred or obstructed use of park spaces for their
intended purposes by all members of the public. City parks are intended for safe, lawful,
and peaceful use and enjoyment by all members of the public during posted park hours of
operation.
Tents and other structures or objects erected in parks that are enclosed or create a visual
barrier to observation of activities inside the tent and interfere with park maintenance and
the general public use and enjoyment of park and recreational spaces for their intended
purposes by: obstructing open public views in City parks; being erected in a manner
and/or in locations that physically obstruct or impair the regular maintenance of parks by
staff and use of the parks equally by all members of the public for their intended
purposes; and concealing unlawful conduct in the parks from public view and regulation.
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Unlawful activities in parks that have been exacerbated by the erection of tents or other
structures or objects that obstruct those activities from public view include, but are not
limited to, drug use, and alcohol consumption, which have resulted in increased adverse
or aggressive behaviors in the parks, or visually, verbally or physically threatening
interactions among members of the public seeking to utilize the public parks.
The purpose of the proposed Tent and Enclosed Structure prohibition in park and public
spaces is to promote the provision of safe, inclusive, accessible, and clean parks for the
San Luis Obispo Community. This will ensure that the intended use of the park by the
general public for safe, lawful, and peaceful leisure and recreational purposes during park
hours of operation can occur. It is important to note that the proposed amendments
expressly do not preclude the use of open-sided shade structures, blankets, lawn chairs,
etc. in conjunction with otherwise legal, allowable uses of the parks. It is also important
to note that this prohibition applies to all members of the community and whether the tent
of structure is being established for recreational or shelter purposes.
c. Further Monitoring and Evaluation: Use of Playground Equipment in City Parks
The City’s provision of safe recreational environments and opportunities includes
playground amenities at City parks designed specifically for the use and enjoyment by
children (generally 12 years of age and under per manufacturer specifications). At times,
adult activities in and immediately around the play equipment areas are adverse to this
intent. These activities include public intoxication, open alcohol containers, smoking,
verbally intimidating or threatening behaviors directed toward children and their
attendant adults, which members of the public have reported have acted as a deterrent to
intended use of the play areas by children.
This type of concern is by no means unique to San Luis Obispo and a variety of other
jurisdictions have addressed the concern through restrictions on access to such child play
areas within parks to people in the age group for which specific amenities are designed
and their attendant adult caregivers. Under such a system, using the City playground
amenities, equipment, or facilities not in accordance with their design and/or its intended
use is prohibited, and park users would be notified of this requirement via signage posted
on specific age-based playground structures according to product safety guidelines: ages
2 –5 years of age and 5 - 12 years of age.
During the past few months, staff have received an increase in community
correspondence and interactions from parents and caretakers of children expressing
concerns on age-appropriate use of playground equipment and amenities. Specifically,
the use of this equipment by community members without children has resulted in safety
concerns. Community concerns for the general safety of the playground environment
when occupied by individuals without children is preventing the use of these facilities by
age-appropriate children.
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The purpose of investigating the potential creation or modification of an ordinance for proper
playground use is to provide a consistent and safe environment for families and children to
experience the park amenities. This will ensure that the safety and integrity of the equipment,
as well as the overall playground environment remains for its intended purpose of allowing
children to experience and engage in recreational and social activities. The general issue of
creating and maximizing playgrounds for child development and use is being explored by the
Parks and Recreation Commission and Staff will return with any recommendations prior to
potential Council action.
2. Homelessness – Community Concern and one of the 2021-23 Major City Goals
Previous Council or Advisory Body Action
Council has adopted Housing and Homelessness as a Major City Goal for 2021-23. The
Goal Statement and Outcomes and Expectations are listed below. This goal statement and
proposed work program are a topic of Council discussion for its April 20th meeting wherein
feedback and strategic budget direction will be given to staff to finalize the Preliminary
Financial Plan for consideration and adoption in June 2021.
Housing and Homelessness – Goal Statement
In order to expand housing options for all, continue to facilitate the production of
housing, including the necessary supporting infrastructure, with an emphasis on
affordable and workforce housing. Collaborate with local non-profit partners and the
county, the state, and federal governments to discover and implement comprehensive and
effective strategies to reduce chronic homelessness.
Outcomes and Expectations:
The City will prioritize new and ongoing Housing Element policies and programs that
focus on facilitating the increased production of affordable and workforce housing, in
addition to market rate housing; and the City will engage with the community, regional
agencies, local non-profit partners, and the Federal government to leverage resources to
be utilized to implement strategies that reduce homelessness.
The outcomes will be new housing production, infrastructure that supports housing,
affordable housing partnerships, fewer persons that are unhoused, pilot programs for the
unhoused (such as a new Mobile Crisis Unit) that can be scaled up to the region,
increased state and local government funding for emergency shelter and transitional
housing, and new engagement from state and county governments in support of these
outcomes.
a. Priority Issue of Concern for the City
In 2021, community members via multiple input channels, identified homelessness as one
of the most significant issues facing the City of San Luis Obispo. This issue is complex,
nuanced, and widespread in California. This issue is one in which Counties are the “lead
agency” and the “lead recipient” of funding for health and social services from Federal
and State governments.
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Specifically, the FY 2020-21 County budget included approximately $10.6 million for
programs and projects that directly address homelessness within the county. Funding
goes towards special homeless support and programs including the 70 Now Program and
cost sharing for Community Action Teams, local community-based organizations and
service providers that support homeless individuals and families through case
management or street outreach, direct rapid rehousing assistance to families, and various
other initiatives.
A much larger share of the County budget (approximately $157 million) goes towards
health and human service programs that unhoused residents are eligible for, along with
other County residents. This funding is used for drug and alcohol programs among other
supportive services.
The Community Priorities Survey conducted for the City’s 2021-2023 Financial Plan
identified Homelessness as the top priority, and the City Council set Housing and
Homelessness as a Major City Goal at their January 2021 Community Forum. In
developing the work program for this Goal, staff is developing several actions to build
upon existing City initiatives to best leverage and maximize regional cooperation and
success.
b. County of San Luis Obispo’s Role
Given the existing unsheltered and mental health crises, the County of San Luis Obispo is
coordinating an enhanced regional effort to address the increased impacts of
homelessness on the unhoused, other residents, businesses, and visitors beginning in
2021. The County is the agency that coordinates and provides social and mental health
services for our community as participants in the Continuum of Care Program
administered by the U.S. Dept. of Housing and Urban Development (HUD). The County
receives direct Federal and state funding to administer to a wide range of projects,
programs and services, including but not limited to case management, emergency
assistance, Homeless Management Information System (HMIS), mental health services,
and transitional & permanent housing. The City continues to direct general fund
assistance toward homeless services via Grants-In-Aid, General Fund Allocations and
CDBG. 1
c. City of San Luis Obispo’s Current General Fund Resourcing of Staff and Partnerships
to Address Homelessness and proposed Funding Additions to Address Major City Goal
As homelessness in the community persists, the City has advanced strategies to meet
ongoing challenges. The Community Action Team (CAT) was developed by the San Luis
Obispo Police Department originally consisting of two police officers. In 2018, CAT
contracted a social services worker through Transitions-Mental Health Association
(TMHA) to start taking an approach that catered specifically to the needs of unhoused
individuals.
1 https://www.slocity.org/living/neighborhood/homelessness-solutions
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Over the last year, CAT engaged with over 500 people and of those, 127 were treated for
mental health, substance abuse, or other issues. CAT also connects people with resources
to find shelter and other services. This program is proposed to expand with an added
$85,299 to fund a second social worker to support the City’s Major City Goal.
A companion pilot program called the Mobile Crises Unit is also being developed, at an
estimated cost of $300,000, to pair a crisis worker from THHA with a City Emergency
Medical Technician (EMT) to provide non-emergency response and care to unhoused
community members. This novel pilot program is intended to be replicable and scalable
for other agencies in the future.
In addition to the ongoing Safe Parking Program at 40 Prado Homeless Services Center,
the City has developed a Safe Parking Program at Railroad Square Park and programed it
to remain available to the public for the remainder of the COVID-19 pandemic at a cost
of $65,000.
In addition to the above staff and programmatic resources, the City expends
discretionary, general-fund dollars to support non-profit social service groups working
within the City and region.
Direct funding to support non-profit human health service providers is provided through
the annual allocation of $150,000 to the Human Relation Commission’s Grants-in-Aid
program. Community Action Partnership of San Luis Obispo County (CAPSLO) also
received a total of $157,000 (both funding and in-kind bus token donations) from the
City’s General Fund in 2019-20 and 2020-21 to support ongoing programs and
operational efforts at the 40 Prado Homeless Services Center. Going forward, a 25%
expansion of beds at the 40 Prado center is proposed, which will likely require additional
General Fund allocation estimate of $63,826 annually to support. With this expansion,
total projected General Fund support to CAPSLO for 40 Prado would equate to $220,826
annually.
While all of these actions are pursued to reduce the incidence of homelessness and to
help individuals experiencing homelessness in San Luis Obispo, the problem persists and
drives significant expenditures in law enforcement, emergency response, and
maintenance and environmental clean-up activities. Currently, the City has six Police
Department personnel dedicated to the downtown area; four bicycle officers, one
sergeant, and one non-sworn field technician – this area of the City sees significant
service demand by the homeless from law enforcement. The Fire Department reported a
total of 32 encampment fires and 516 medical incidents at the end of last year, while
Ranger Services and Public Works Departments reported that a total of $679,000 is being
spent annually on staff focused on clean up and maintenance activities (including
vandalism repair).
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On March 17, 2021, the County’s Homeless Services Oversight Council (HSOC) advised
the County Board of Supervisors to promote several recommendations to address the
increasing number of homeless encampments in SLO County, by prioritizing the needs of
the unhoused population. The five recommendations included 1) provision of showers
and laundry services for encampments, 2) the authorization of sanctioned encampments,
3) additional safe parking programs, 4) alternative temporary shelter structures, and a 5)
permanent shelter in the South County2. Upon consideration of the recommendations by
the Board, the City may need to consider appropriate actions to align with these regional
approaches to address the challenges and needs of the unhoused.
According to the San Luis Obispo County Point-In-Time Homeless Census & Survey
Report completed in January of 2019, an estimated 1,483 individuals are experiencing
homelessness with 482 of those individuals living in the City of San Luis Obispo. This
data was collected prior to COVID-19, which we assume has exacerbated the issue in all
jurisdictions. The dedication of City resources as described above reflects the City’s core
value of compassion with accountability. The City has invested in providing outreach,
financial support, and alternative social services to help people transition out of
homelessness. The City is committed to the quality of life and safe use of public
amenities including parks and open spaces for all residents, businesses, and visitors and
the City will utilize all available tools to prevent and address adverse public behaviors
that have negative effects on the community.
Going forward, the City Council has allocated $300,000 to support the hiring a new
Contract Homelessness Response Manager. This staff person will be responsible for
coordinating the vast array of activities described, including managing data collection,
collaboration with regional and community organizations, strategic planning and
coordinating continued efforts across all City departments. The Homelessness Response
Manager will be an advocate for regional collaborations and will identify and highlight
the efficacy of City-sponsored pilot projects so that they can be scaled up and
implemented on a regional basis.
Proposed Ordinances
1. Add Chapter 8.10 pertaining to the unauthorized removal of shopping carts from retail
establishments and to facilitate retrieval of abandoned shopping carts . The benefits of
the proposed ordinance (Attachment A) will be achieved through the establishment of best
practices by businesses as follows: Each business will apply signage to each cart identifying
the owner with their contact information. Signage placed at parking areas warning that the
removal of carts from premises could result in a fine. Requiring businesses to secure their
carts during off hours. This ordinance allows for the impoundment of the carts found off
premises.
2 https://www.slocounty.ca.gov/Departments/Social-Services/Homeless-Services/Homeless-Services-Oversight-
Council-(HSOC)/Full-HSOC/Agendas/FULL-2021-03-17-Agenda-Packet.pdf
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The Police Department has reached out to many of the large retail establishments regarding
the current practices regarding shopping cart retrieval. All of the store managers contacted
want to partner with the City in finding a solution to shopping carts being taken off -premises.
However, they do not have the resources or want to accept the liability to have current staff
retrieve the carts. There is a company based out of southern California that can come to the
City to retrieve impounded shopping carts. While this happens now it is infrequent and there
is a significant time delay based on location of the vendor . Other options include modifying
individual carts with geo technologies to prevent them from being removed from properties
and avoid retrieval costs. Some cities have provided grant to help fund the implementation
of technology.
2. Amend Section Municipal Code 12.04.020.0 and 12.20 (Attachment B) to define that tents
and similar structures specifically as prohibited encroachments in City parks and expressly
cross referencing the parks and encroachment regulations. In response to significant
community concern, in February 2021, Parks and Recreation along with Public Works, in
collaboration with the City Attorney’s office and Police Department, instituted postings of an
Administrative Interpretation of the current San Luis Obispo Municipal Code Section
12.04.020 at all park locations. Staff have interpreted the ordinance to prohibited
encroachments in parks, including enclosable structures, such as a tent, that can present
safety concerns resulting from obstructions of circulation or use of parks and/or the
obstruction from view of unlawful behaviors that may occur within such an enclosable
structure.
Since the posting of the Administrative Interpretation of MC 12.04.020 in February 2021,
members of the SLO Police Department and CAT have responded to 190 calls to City
managed parks resulting in 24 arrests and 28 citations. Three citations were directly related
to the MC 12.04.020. Of note, an education only focus was conducted during the initial three
weeks of the posting at City parks. Staff will be presenting the proposed ordinance changes
to the Parks and Recreation Commission on April 7, 2021 requesting feedback and
recommendations or alternatives to submit via Council Correspondence for the April 13 ,
2021 meeting.
3. Playgrounds Staff, in collaboration with the City Attorney’s Office, are investigating the
potential for proposing a new ordinance to include the following language to ensure safe and
appropriate use of playground amenities for children and families. No person over the age of
12 years old, other than a parent or guardian, babysitter, caretaker, or other designee of a
parent or guardian having sole or joint supervisory responsibility over a child, shall visit,
frequent, or be present in any area within a park or recreational facility that has been
designated and posted as a children’s play area. Staff will be presenting the proposed
ordinance changes to the Parks and Recreation Commission on April 7, 2021 requesting
feedback and recommendations or alternatives to submit via Council Correspondence for the
April 13, 2021 meeting.
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Policy Context
In collaboration with regional and non-profit service providers, the City supports a variety of
special needs and supportive housing developments, including projects that directly reduce the
incidence of homelessness in the community. The proposed actions, in conjunction with ongoing
programs that support housing for homeless veterans and mentally fragile residents at risk for
homelessness, are consistent with the first Goal in the City’s recently adopted Housing Element,
which is Safety.
Proposed actions are also consistent with Measure G-20, a general-purpose measure with
language in the ballot measure including retaining local businesses, keeping public areas clean
and safe, and addressing homelessness, and with the City's 2020-21 Meta-Goal of San Luis
Obispo's stability, resiliency, and recovery.
Public Engagement
The focus of public engagement has been to inform, educate, and listen to concerns. The public
engagement on the topic of shopping carts has included business community outreach to
businesses with shopping carts, the San Luis Obispo Chamber of Commerce and Downtown
SLO.
SLOPD and others met with managers of large grocers and stores that have shopping carts to
explore options to manage and retrieve errant carts. These meetings were productive and did not
yield any changes in management or response from surrounding businesses.
Public engagement on tents and other structures in parks has been a topic of discussion with
many members of the public providing directed feedback on this topic including its i mpacts on
use of parks. As noted in this report the Parks and Recreation Commission will be discussing the
impacts of various illegal activities adjacent to children’s play areas and this advisory body will
in addition to providing a public forum for discussion make recommendation to Council on this
topic.
CONCURRENCE
This report reflects a multi-departmental effort with the City Attorney, Administration, Police,
Fire, and Community Services Group including Community Development, Parks and Recreation,
Public Works, and Utilities all in concurrence with the above-described approach and
recommendation.
ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA), it can be seen with certainty that
there is no possibility that the proposed Municipal Code Amendments regarding the security of
shopping carts, tents prohibition and playground safety will have no effect on the environment
(General Rule Exemption CEQA Guidelines Sec. 15061(b)(3).
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Additionally, the proposed ordinances would be exempt per CEQA Section 15301 Existing
Facilities, as there would be negligible or no expansion of use; CEQA Section 15308 Actions by
Regulatory Agencies for the Protection of the Environment, as the proposed ordinances are
intended to assure the maintenance and protection of the environment; and 15311 Accessory
Structures, regarding potential placement on-premise signage needed for public notification
associated with the proposed ordinances.
FISCAL IMPACT
Budgeted: Yes/No Budget Year:
Funding Identified: Yes/No
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund $
State
Federal
Fees
Other:
Total $
The introduction and modification of the two ordinances is not expected to have a measurable
fiscal impact to the core services current provided and which would continue.
The City is however expending significant General Fund monies toward homelessness solutions
as described above both currently and Council will be considering increased expenditures in the
next two-year cycle. More specifically, funds for the City’s CAT program and Downtown
bicycle officers at $747,285; Ranger Services and Public Works perform illegal and abandoned
encampment clean-up and maintenance at $679,000; and annual funding through Grants in Aid
and to CAPSLO at $150,000 and $157,000 respectively, total $1,733,285 that is spent annually
on homelessness solutions. An additional $300,000 for the Homelessness Response Manager
contract position for the next two years and $65,000 for the safe parking program at Railroad
Square brings the total to $2,098,285. Should expansion of the CAT program at $85,299, the
MCU program at $300,000 and $63,826 in funds to expand bed a 40 Prado Homeless Services
Center be approved, the total funds dedicated to homelessness is $2,483,584.
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ALTERNATIVES
While staff believe the ordinances and directional item as presented are complete work, Council
may want to pursue the following:
1. Modify the ordinances as proposed.
2. Do not adopt the ordinances as proposed.
3. Provide further direction to staff regarding the ordinances including further public outreach,
further research, and/or further advisory body engagement.
Attachments:
a - Draft Ordinance adding Chapter 8.10 (Shopping Carts)
b - Draft Ordinance amending Chapter 12.04 (Encroachments/Excavations) and Chapter
12.20 (Park Regulations)
c - Interpretive Memo regarding the definition of Encroachment
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ORDINANCE NO. _____ (2021 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TITLE 8, HEALTH AND SAFETY,
OF THE MUNICIPAL CODE TO ADD CHAPTER 8.10 PERTAINING TO
THE UNAUTHORIZED REMOVAL OF SHOPPING CARTS FROM
RETAIL ESTABLISHMENTS AND TO FACILITATE RETRIEVAL OF
ABANDONED SHOPPING CARTS
WHEREAS, The City has a substantial interest in promoting the public health, safety and
welfare of its residents, visitors and businesses, and the aesthetic qualities of the City; and
WHEREAS, Abandoned or unattended shopping carts off the premises of retail
establishments can interfere with pedestrian and vehicle traffic and the use of public streets,
sidewalks, public areas, and public rights-of-way, can constitute a hazard to streams, riparian areas
and other natural areas, and contribute substantially to litter, clutter and visual blight; and
WHEREAS, The purpose of this ordinance is to promote the public health, saf ety and
welfare and the aesthetic qualities of the City by regulating and prohibiting the removal of
shopping carts from the premises of retail establishments, including designated parking areas,
without the authorization or consent of the cart’s owner, and to regulate the retrieval and
disposition of abandoned or unattended shopping carts that are found off the premises of retail
establishments so as to:
1. Provide for pedestrian and vehicle safety;
2. Ensure that the flow of pedestrian or vehicle traffic, including ingress into or egress
from any residence, place of business, street, sidewalk, public area, public right -of-
way, or any legally parked or stopped vehicle, is not unreasonably interfered with;
3. Help protect streams, creeks, riparian areas, and other natural areas within the City; and
4. Reduce litter, clutter, and visual blight associated with abandoned or unattended
shopping carts.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Findings. The Council hereby finds and declares the following:
1. The above recitals are true and correct and are incorporated herein by reference.
2. Abandoned or unattended shopping carts that are found off the premises of retail
establishments, on either public property or private property, are hereby declared a
public nuisance.
SECTION 2. Title 8, Health and Safety, of the Municipal Code is amended to add Chapter
8.10 as follows:
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Ordinance No. _____ (2021 Series) Page 2
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8.10.010. Authority and Purpose
This Chapter is adopted pursuant to Business and Professions Code Sections 22435 through
22435.8 and the City’s general police powers for the purpose of regulating and prohibiting
the removal of shopping carts from the premises of retail establishments, including
designated parking areas, without the authorization or consent of the shopping cart’s
owner, and to regulate the retrieval and disposition of abandoned or unattended shopping
carts that are found off the premises of retail establishments.
8.10.020. Applicability
This Chapter applies to all businesses located in the City that provide shopping carts for
customer use and to all shopping carts on and off the premises of businesses within the
City.
8.10.030. Administration
The Director is authorized to administer this chapter which includes, without limitation,
the ability to promulgate administrative policies and procedures to interpret, implement
and enforce this chapter.
8.10.040. Definitions
The following definitions apply to the use of these terms for purposes of this chapter:
A. “Abandoned or unattended shopping cart” means a shopping cart which is either:
1. Removed from the premises of a retail establishment by any person without the
written authorization or consent of the cart’s owner; or
2. Left unattended, discarded or abandoned upon any public or private property other
than the premises from which the shopping cart was removed, regardless of whether
such shopping cart was removed from the premises with the authorization or
consent of the cart’s owner. For purposes of this chapter, a shopping cart located
on any public or private property other than the premises of the retail establishment
from which such shopping cart was removed is presumed abandoned, even if in the
possession of any person, unless the person possessing the shopping cart is:
a. The owner, or an employee or authorized agent of the owner, entitled to
possession of such shopping cart;
b. An officer, employee or agent of a cart retrieval service hired by the owner to
retrieve such carts;
c. Enforcing this chapter upon the Director’s authority; or
d. Has written permission to possess such shopping cart from the owner entitled
to possession of such shopping cart.
B. “Director” means the Community Development Director, or their designee.
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C. “Occurrence” means the retrieval or impoundment by the City pursuant to this chapter
of all shopping carts of an owner in a one-day period.
D. “Owner” means a person who owns or provides shopping carts for the use by customers
in connection with the conduct or operation of a business. “Person” includes, without
limitation, corporations, partnerships, and all other legal entities, and officers,
employees, and authorized agents of an owner.
E. “Premises” means the entire area owned and utilized by a retail establishment that
provides shopping carts for use by customers, including any parking lot or other off-
street area provided by or for an owner for use by customers for parking automobiles
or other vehicles. For retail establishments that share a parking lot or off-street area for
parking with other retail establishments, premises includes the entire parking lot or off-
street area for parking that is provided for use by customers of the retail establishments
that share the parking lot or off-street area for parking.
F. “Public areas” include, without limitation, City-owned properties, open spaces, parks,
streams, creeks and riparian areas, public parking garages, portions of private property
that are outdoor common areas of any building, business premise, apartment building
or complex, or other premise, or any portion thereof, which is adjacent to public
property and is open to the public.
G. “Retail establishment” means any business located in the City of San Luis Obispo
which offers or provides shopping carts for the use of the customers of such business
regardless of whether such business is advertised or operated as a retail or wholesale
business, and regardless of whether such business is open to the general public, is a
private club or business, or is a membership store.
H. “Shopping cart” means a basket mounted on wheels or a similar device generally used
in a retail establishment by a customer for the purpose of transporting goods of any
kind.
8.10.050. Required Signs and Identification
A. Every owner must permanently affix to each shopping cart owned or provided by the
owner a sign that includes the following information:
1. Identification of the owner of the shopping cart or the retail establishment to which
it pertains, or both.
2. Notification that the unauthorized removal of the shopping cart from the premises
of the retail establishment, or the unauthorized possession of the shopping cart, is a
violation of law.
3. Notification of the procedure for authorized removal of the shopping cart from the
premises.
4. A telephone number or address for returning the shopping cart to its owner or to
the retail establishment identified thereon.
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B. In addition to signs on its shopping carts, every business that owns or provides shopping
carts for use by its customers shall post conspicuous signs at or near all customer
entrances and exits and at or near each entrance and exit to its parking lotor off -street
parking area warning customers that removal of shopping carts from the premises is
prohibited without written authorization by the owner.
8.10.060. Prohibitions
A. It is unlawful to possess a shopping cart off the premises of a retail establishment
without the prior written authorization or consent of the shopping cart’s owner, unless
the person in possession of the shopping cart is in the process of immediately returning
the shopping cart to the premises of the retail establishment.
B. It is unlawful for any person to leave, or cause to be left, a shopping cart that was in his
or her possession or custody, on any public area or upon any public or private property
such that it becomes an abandoned shopping cart.
C. It is unlawful to possess or use a shopping cart in City parks or open spaces and in any
creek, stream bed, or riparian area located within the City.
8.10.070. Cart Containment and Retrieval by Owners
A. Daily Cart Confinement. All shopping carts located on the premises of a retail
establishment (other than an establishment open for business twenty-four hours per
day) must be collected at the end of each business day by the owner, employees, or
authorized agents of the retail establishment and be collectively confined in a secured
manner in a designated cart confinement area on the premises until the commencement
of the next business day. All shopping carts located on the premises of any retail
establishment open for business twenty-four hours per day, other than carts then
currently in use by a customer, must be collected by the owner, employees, or
authorized agents of the retail establishment and returned to a designated cart
confinement area on the premises at least twice per calendar day between the hours of
twelve p.m. (noon) and twelve a.m. (midnight) on each day the retail establishment is
open for business.
This section does not apply to:
1. Shopping carts located within an enclosed building.
2. Shopping carts removed from the premises of a retail establishment for purposes of
repair or maintenance that are in the possession or custody of the party to whom
removal has been authorized in writing by the shopping cart owner.
3. Shopping carts being transported by the owner, or an officer, employee, or
authorized agent of the owner, to or from a business location of the owner.
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B. Prompt Retrieval of Carts. All abandoned shopping carts of a retail establishment that
are found off the premises of the retail establishment must be retrieved as soon as
practicable by the owner, or an authorized agent of the owner, including a cart retrieval
service retained by the owner, but in no case longer than three business days after the
owner has discovered or has been notified that the abandoned cart is off the premises
of the retail establishment.
C. Retrieval Services. Persons retained to perform shopping cart retrieval services must
carry written authorization from the owner to be presented upon request by the
Director. Vehicles used by retrieval services must bear conspicuous signs identifying
the name of the cart retrieval service.
8.10.080. Impoundment and Retrieval of Abandoned Shopping Carts
A. The Director may retrieve and impound any abandoned shopping cart pursuant to and
in accordance with the provisions Business and Professions Code Section 22435.7.
B. Impoundment Following Three-Day Notice. A shopping cart that has a sign affixed to
it in accordance with the provisions of this chapter and Business and Professions Code
Section 22435.1 may be impounded by the City provided both of the following
conditions are met:
1. The shopping cart is located outside the premises or parking area of a retail
establishment; and
2. Except as provided in the Impoundment Without Three-day Notice section of this
chapter, the shopping cart is not retrieved within three business days from the date
the owner of the shopping cart, or his or her agent, receives actual notice from the
City of the shopping cart’s discovery and location.
C. Impoundment Without Three-day Notice.
1. The City may retrieve and impound any abandoned shopping cart without first
giving three-days’ notice provided:
a. The Director provides actual notice to the owner, or his or her agent, of the
impoundment of the shopping cart within twenty-four (24) hours following the
impound;
b. The notice informs the owner, or his or her agent, of the location where the
shopping cart may be claimed;
c. Any shopping cart reclaimed by the owner, or his or her agent, within three
business days after the date of actual notice to the owner, or his or her agent, of
the impound, must be released and surrendered to the owner, or his or her agent,
at no charge, including the waiver of any impound and storage fees or fines
which otherwise would be applicable; and
d. The shopping cart is held at a location that is both:
1. Reasonably convenient to the owner of the shopping cart; and
2. Open for business at least six (6) hours of each business day.
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D. Immediate Retrieval and Impoundment by City for Impeding Emergency Services.
The Director or designee may immediately retrieve and impound any shopping cart
from public or private property if the location of the shopping cart impedes emergency
services.
E. Any cart reclaimed by the owner or their agent within three business days from the date
the owner of the shopping cart, or their agent, is given actual notice by the City of the
shopping cart’s discovery and location, or impoundment, shall not be deemed an
occurrence for purposes of this chapter.
F. The owner of any shopping cart that is not reclaimed within three business days after
the date the owner has been given actual notice by the City of the shopping cart’s
discovery and location, or impoundment, is subject to prosecution or the imposition of
administrative costs, fees, fines, interest and other penalties applicable under this
chapter commencing four business days after the date of notice.
G. Any shopping cart not reclaimed from the City within thirty (30) days of receipt by the
owner, or the owner’s agent, of actual notice from the City of the cart’s discovery and
location, or impoundment, and any shopping cart, the owner of which cannot be
determined, may be sold, or otherwise disposed of by the City.
8.10.090. Recovery of Fines and Costs by City
A. Pursuant to Business and Professions Code Section 22435.7(f), any owner that fails to
retrieve the owner’s shopping cart or shopping carts within three business days from
the date of being given notice of the cart’s or carts’ discovery and location, or
impoundment, by the City, is guilty of a violation of this chapter and may be punished
with an administrative fine of fifty dollars ($50) for each occurrence in excess of three
during the six-month period starting January 1 and ending on June 30 or the six-month
period starting July 1 and ending December 31 of each calendar year.
B. In addition to the fines imposed above, the owner shall pay the City’s actual costs for
retrieving and storing the owner’s shopping cart or carts except when the owner, or
their authorized agent, reclaims their cart or carts within three business days from being
given notice of the cart’s or carts’ discovery and location, or impoundment, by the City,
in which case, all fines, costs and fees shall be waived.
8.10.100. Disposal of Abandoned Shopping Carts
The Director or designee may sell or otherwise dispose of any abandoned shopping cart
that has not been reclaimed by its owner within thirty (30) days after the owner receives
notice of the cart’s or carts’ discovery and location, or impoundment, by the City, or for
which the owner of the shopping cart cannot be determined by the City.
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8.10.110. Violation – Penalty
Any person who violates any provision of this Chapter is guilty of an infraction and is
subject to punishment as provided for in Chapter 1.12 (General Penalty) or as provided
under Chapter 1.24 (Administrative Code Enforcement Procedures).
SECTION 3. Publication. A summary of this ordinance, together with the names of
Council members voting for and against, shall be published at least five (5) days prior to its final
passage, in The New Times, a newspaper published and circulated in this City. This ordinance
shall go into effect at the expiration of thirty (30) days after its final passage.
SECTION 4. Severability. If any provision of this Ordinance is held invalid by a court of
competent jurisdiction, such provision shall be considered a separate, distinct, and independent
provision and such holding shall not affect the validity and enforceability of the other provisions
of this Ordinance.
INTRODUCED on the ____ day of _______ 2021, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ____ day of ________ 2021, on the following vote:
AYES:
NOES:
ABSENT:
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington, City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick, City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ____________________________.
______________________________
Teresa Purrington, City Clerk
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ORDINANCE NO. _____ (2021 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING CHAPTER 12.04 AND CHAPTER
12.20 OF THE SAN LUIS OBISPO MUNICIPAL CODE TO CLARIFY
EXPRESSLY THAT TENTS AND SIMILAR STRUCTURES ARE
PROHIBITED ENCROACHMENTS IN PUBLIC PARKS
WHEREAS, The City has a substantial interest in promoting the public health, safety and
welfare of its residents, visitors and businesses, and the safety and aesthetic qualities of City parks
and recreational facilities; and
WHEREAS, longstanding City encroachment regulations prohibit the erection of
structures in public places, including parks, without a permit; and
WHEREAS, there has been a proliferation of tents in public parks accompanied by an
increase in public complaints to the City of adverse behaviors and interactions in parks, including
drug and alcohol abuse, and associated verbal and physical intimidation, aggression and adverse
interactions among park users; and
WHEREAS, increased instances of erection of tents and other enclosed structures in parks
obscures adverse and illegal activities from public view, contributes substantially to the
accumulation of litter, clutter and visual blight, can interfere with pedestrian circulation, can
obstruct or interfere with the lawful use of park areas by the general public for their intended
recreational uses, and inhibits the effective regulation and enforcement against illegal activities in
the parks; and
WHEREAS, continuous presence of tents in park areas during hours of operation
interferes with daily park maintenance to ensure safe and proper upkeep; and
WHEREAS, the purpose of this ordinance is to promote the public health, safety and
welfare and support lawful use and access to city parks by all community members consistent with
the intended legal uses and aesthetic qualities of city parks by:
(1) Providing for unobstructed, open public views of public park areas and activities
conducted in public park areas to deter unsafe and illegal activities in the parks, to facilitate
compliance with laws, and to protect the public, health safety and welfare of all park users;
(2) Preventing interference with or obstructions of the flow of pedestrian circulation by the
placement of tents and large volumes of personal belongings in pedestrian paths of travel;
(3) Discouraging the establishment of residential uses of parks facilitated by tents, which have
been observed to result in violations of park hours of operation, as well as illegal and
unsanitary accumulation and disposal of litter, clutter, and visual blight associated with the
occupation of tents in the parks;
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Ordinance No. _____ (2021 Series) Page 2
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NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows/or that (whatever action is needed):
SECTION 1. Encroachment Amendments. Section 12.04.020 B (Encroachments
Restricted) of Chapter 12.04 (Encroachments and Excavations) of the San Luis Obispo Municipal
Code is hereby amended to include express reference to the application of the encroachment
regulations related to the erection of tents in public parks, to read as follows:
12.04.020 Encroachments restricted.
B. For purposes of this chapter, encroachments shall not include activities regulated as
parades or special events pursuant to Chapter 5.80. Additional clarification of the
application of these provisions to the use of tents or other enclosed structures in public
parks are set forth in Chapter 12.20 (PARK REGULATIONS) of this code.
SECTION 2. Section 12.20.02 (Definitions) of Chapter 12.20 (PARK REGULATIONS),
is hereby amended and renumbered to clarify the definition of “park” and add a definition of “tent”,
to read as follows:
12.20.020 Definitions.
The following words shall have the meaning indicated when used in this chapter:
A. “Amplified sound” means music, sound wave, vibration or speech projected or
transmitted by electronic equipment, including amplifiers.
B. “Director” means the director of parks and recreation or other person authorized by him
or her, pursuant to law, to act in his or her stead.
C. “Park” means any parkland, playground, beach, or recreational facility, including any
parking lots, open space, creek, or any other area or structure accessory thereto under
the operational control of the Parks and Recreation Department of the City of San Luis
Obispo.
D. “Permit” or “reservation” means written authorization for exclusive use of parks or
buildings, or portions thereof, as provided for and defined by this chapter.
E. “Tent” means any enclosed temporary physical structure that obstructs activities within
the structure from public view, excluding canopies and covers that are open on all sides.
“Tent” shall not include blankets, towels, mats, portable lawn chairs, unenclosed shade
structures not affixed to public property, or similar items for temporary use in
conjunction with otherwise lawful park use.
F. “Vehicle” means any device by which any person or property may be propelled, moved
or drawn, excepting a device moved by human power.
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Ordinance No. _____ (2021 Series) Page 3
O ______
SECTION 3. Section 12.20.040 (Rules and regulations applicable in city parks.) of
Chapter 12.20 (PARK REGULATIONS), is hereby amended to add a section expressly clarifying
the prohibition against tents in public parks, to read as follows:
F. It shall be unlawful for any person to erect, establish or occupy a Tent in any Park,
except by express permission of the Director; in connection with a valid event permit
issued by the Department; or as otherwise provided by resolution of the City Council.
SECTION 4. All Prior ordinances, resolutions or administrative orders relating to parks
regulations are hereby superseded to the extent inconsistent herewith.
SECTION 5. A summary of this ordinance, together with the names of Council members
voting for and against, shall be published at least five (5) days prior t o its final passage, in The
New Times, a newspaper published and circulated in this City. This ordinance shall go into effect
at the expiration of thirty (30) days after its final passage.
INTRODUCED on the ____ day of ____, 2021, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ____ day of ____, 2021, on the following vote:
AYES:
NOES:
ABSENT:
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington, City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick, City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ____________________________.
____________________________________
Teresa Purrington, City Clerk
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Memorandum
City of San Luis Obispo Parks and Recreation Department
February 11, 2021
TO: City Manager, Derek Johnson
BCC: City Council
FROM: Greg Avakian, Parks and Recreation Director
Matt Horn, Public Works Director
SUBJECT: Interpretive Memo re Definition of Encroachment Under MC 12.04.020
Administrative Interpretation and Directive re:
Definition of Encroachment as Applied to City Parks Under San Luis Obispo
Municipal Code 12.04; Prohibition of Tents and Other Structures or Objects That
Obstruct Activities from Public View in Parks
This Administrative Interpretation and Directive is issued pursuant to the authority of the Public
Works Director under Title 12 of the San Luis Obispo Municipal Code to provide administrative
clarification and interpretation regarding enforcement of rules and regulations related to streets,
sidewalks and public places within the City and pursuant to the authority of the Parks and
Recreation Director under Chapter12 of the San Luis Obispo Municipal Code to issue and
enforce rules and regulations applicable to City Parks.
San Luis Obispo Municipal Code Section 12.04.020 makes it unlawful “for any person to make
any excavation or encroachment in, under or over any road or other public place, including
highway, alley, street, avenue, place, sidewalk, path, walk, park, plaza, boulevard or right-of-
way or any other public place in the city whether or not currently improved, except in the manner
and mode provided in this chapter.” With limited exceptions, any encroachment “in, under or
over” any public place in the City requires a permit.
For purposes of Municipal Code Chapter 12.04, Municipal Code Section 12.04.10 defines
“encroachment” as including “any structure or object of any kind or character placed in, under
or over any place mentioned in Section 12.04.020.”
City parks are intended for the safe, lawful, and peaceful use and enjoyment, for a variety of
leisure and recreational purposes, by all members of the public during park hours of operation.
Tents and other structures or objects erected in parks that are enclosed or create a visual barrier
to observation of activities inside the tent interfere with the general public use and enjoyment
of park and recreational spaces for their intended purposes by: obstructing open public views in
City parks; being erected in a manner and/or in locations that physically obstruct or impair the
use of the parks equally by all members of the public for their intended purposes; and
concealing unlawful conduct in the parks from public view and regulation. Unlawful activities
in parks that have been exacerbated by the erection of tents or other structures or objects that
obstruct those activities from public view include, but are not limited to, drug use, alcohol
consumption, and sexual activities not compatible with public spaces, which have resulted in
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City of San Luis Obispo, Title, Subtitle
increased adverse or aggressive behaviors in the parks, or visually, verbally or physically
threatening interactions among members of the public seeking to utilize the public parks.
The Parks and Recreation Director finds that the presence of tents and other structures or objects
that obstruct from public view activities inside the tent, structure or object in City parks
substantially interferes with the aesthetic purposes of City parks, interferes with the ability to
observe and regulate unlawful conduct, and substantially inhibits or interferes with the safe,
peaceful, and lawful leisure and recreational uses and enjoyment of City parks by all members
of the public. Based on these concerns, the Public Works Director and Parks and Recreation
Director issue this Administrative Interpretation and Directive to clarify that “encroachment”
and “any structure or object,” as used in Municipal Code Sections 12.04.010 and 12.04.020, and
as applied to City parks, shall include any tent, or any other structure or object that is closed to
public view from the outside, or that is capable of obscuring from public view from the outside,
any occupant or activity inside the structure or object. The placement and use of such tents or
any other similar structure or object, as defined in Chapter 12.04, and as clarified in this
memorandum, is prohibited in City parks without a permit or as otherwise allowed in
compliance with the requirements of Municipal Code Chapter 12.04.
Nothing herein shall be construed to preclude the use of blankets, towels, mats, portable lawn
chairs, unenclosed shade structures not affixed to public property, or similar items for temporary
use in conjunction with otherwise lawful park use by any member of the public during allowed
park hours.
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BLANK PAGE
This page is intended to be blank so that you can print double-sided.
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Department Name: Utilities
Cost Center: 6001
For Agenda of: April 13, 2021
Placement: Study Session
Estimated Time: 45 Minutes
FROM: Aaron Floyd, Utilities Director
Prepared By: Mychal Boerman, Deputy Director - Water
Nick Teague, Water Resources Program Manager
Jennifer Metz, Utilities Projects Manager
SUBJECT: 2020 URBAN WATER MANAGEMENT PLAN AND WATER SHORTAGE
CONTINGENCY PLAN
RECOMMENDATION
1. Receive a presentation on the 2020 Urban Water Management Plan and Water Shortage
Contingency Plan; and
2. Provide comments and direction to guide final Water Shortage Contingency Plan
development.
REPORT-IN-BRIEF
As an urban water supplier serving more than 3,000 water service connections, the City is
required to adopt and submit to the state Department of Water Resources (DWR) an Urban
Water Management Plan (UWMP) every five years. The City Council adopted the 2015 UWMP
on June 14, 2016 and is scheduled to consider the 2020 UWMP for adoption on June 15, 2021.
In this Study Session, staff will present 2020 UWMP and Water Shortage Contingency Plan
(WSCP) requirements, including a new requirement for a six-stage WSCP. Focus areas for City
Council discussion include water shortage management actions by stage, enforcement actions,
exemptions, and requirements for new development.
DISCUSSION
Current City Water Supply Status
With the recent rains, the City has over 17,000 acre-
feet of water in storage at Salinas Reservoir and its
proportional share of Whale Rock Reservoir is
15,553 acre-feet. The City has also requested its full
contractual allocation of 5,482 acre-feet of water
from Nacimiento Reservoir for 2021. Although the
region has seen below average rainfall recently, the
City has a diverse and reliable water supply with
more than ten years of water available under today’s
water supply and demand conditions.
Table 1 - Reservoir Storage
Reservoir
Current
Volume
(Acre-Feet)
Percent
of
Capacity
Salinas 17,285 72.5%
Whale Rock 30,450 78.5%
Nacimiento 154,400 40.9%
NOTES: Reservoir volumes are as of 3/14/2021.
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Background
The California Urban Water Management Planning Act is a part of California Water Code
sections §10610-10656 and §10608 and requires urban water suppliers to adopt and submit an
updated plan to DWR every five years. Urban water suppliers are defined as agencies that
provide water for municipal purposes to more than 3,000 customers or supply more than 3,000
acre-feet of water annually (the City meets both criteria).
The City adopted its first UWMP in November 1994 and updated the UWMP in 2000, 2005,
2010, and 2016.1 The City Council adopted the 2015 UWMP by Resolution 10726 (Attachment
A) on June 14, 2016. By adopting a technically compliant UWMP, the City remains eligible for
State grants, low interest loans, and other assistance.
2020 UWMP Requirements
State legislation adopted in 2018 established new requirements for 2020 UWMPs, including
standardized requirements for water shortage contingency planning and drought risk
assessments. Under the State requirements, water suppliers must now plan for a dry period that
lasts for five consecutive years, an increase from the previous requirement of three years. Other
required elements of UWMPs include:
1. Assessment of the reliability of water supply sources over a 20-year time frame
2. A description of demand management measures, also known as conservation measures
3. A discussion of local water supplies, with a long-term forecast for each source, including
climate change
4. Demonstrated compliance with - Senate Bill X7-7 20202
5. A lay person’s description of water reliability
6. Incorporation of projected land use changes in demand forecasting
7. Seismic risk assessment and mitigation
8. A water energy analysis
9. Water savings from codes/standards/etc.
10. Five previous years of system water losses
The California Water Code requires that 2020 UWMPs are consistent with Groundwater
Sustainability Plans (GSP) in areas where those plans have been completed. As the City’s
Groundwater Sustainability Plan is not scheduled to be complete until 2022, and the City does
not depend on groundwater at this time, staff plans to include a schedule for GSP completion
within the 2020 UWMP, as well as the link to the City’s SGMA website.
Projecting Water Demand
To comply with State requirements, the City’s 2020 UWMP will look ahead twenty years to
project water demand through 2040. As this period extends beyond the 2035 horizon of the
City’s General Plan, staff will use population projections from the City’s Land Use Element of
57,200 persons in 2035 and assume a one percent population growth annually for five years to
2040. This projection yields a future population of 60,118 in 2040.
1 For the 2015 UWMP, the state legislature extended the filing deadline to July 1, 2016.
2 Senate Bill X7-7 is a California state law that requires the state to reduce urban water consumption by 20 percent
by the year 2020.
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Consideration of Climate Change
To comply with State requirements, the 2020 UWMP must consider climate change as it relates
to water use, water supply, resiliency, and drought risk. The City is well positioned to meet these
requirements by utilizing prior work efforts. The City first declared Climate Action a Major City
Goal during its 2017-19 Financial Plan.
On May 15, 2018, the City Council adopted Resolution 10893 amending the General Plan
WWME to reflect a 2,030-acre-foot per year reduction in available City water supply. The
amendment was a result of the 2018 update to the City’s safe annual yield computer model for
Whale Rock and Salinas Reservoirs which updated the model with climatic data from the
drought that ended in 2016 and local impacts of climate change3, consistent with WWME
program A 3.3.24 and program A 3.3.35.
Although this was a significant reduction in safe annual yield, the City has a multi-source water
supply capable of meeting the City’s future water demand (primary water supply and reliability
reserve) under the City’s General Plan. This analysis will be reflected in the 2020 UWMP as it
relates to climate change.
Water Shortage Contingency Plan (WSCP)
As part of the 2015 UWMP, the City modified its WSCP (Attachment B) which had not been
updated since 2000. The existing WSCP includes a monitoring stage and a five-staged demand
management response with each stage requiring more stringent Water Shortage Response
Actions (i.e., escalating water demand reductions). While the City’s WSCP is an important tool
to help plan for period of drought or loss of supply, it provides the flexibility for Counci l to take
the appropriate type and level of action needed in relation to the specifics of any type of water
shortage.
It is anticipated that as conservation programs mature, sources of supply are expanded, and the
community is engaged regarding drought, the WSCP will provide guidance on how to
appropriately respond to a water shortage. A specific scenario may require a mix of actions
contained within the plan or actions not considered within this plan.
The WSCP describes the City’s use of a water projection model to test both hypothetical and
actual water demand scenarios, to analyze current water storage at each reservoir, and to predict
how long the water supplies are available. The model accounts for the storage in the three
reservoirs, in conjunction with other available resources, needed to meet the City’s water
demand. The model uses historical hydrologic information based on the worst drought period
(2012 to 2014).
3 The City analyzed three climate change scenarios as part of the 2018 update to the safe annual yield model by the
U.S. Environmental Protection Agency, San Luis Obispo Council of Gover nments, and Nature Communications.
Each climate projection was applied to the historical dataset for Whale Rock and Salinas reservoir’s inflow,
precipitation, and evaporation. The City’s 2018 model was then used to calculate a revised safe annual yield
assuming these conditions had prevailed during the historical period of record.
4 WWME program A 3.3.2 states “The City will update the safe annual yield computer model for Salinas and Whale
Rock Reservoirs following severe drought periods to determine if any changes are necessary to the safe annual yield
amount.”
5 WWME program A 3.3.3 states “The City will monitor ongoing research on the potential for long-term impacts
associated with climate change to water supply resources.”
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The Water Code now includes standardized requirements for the 2020 WSCP including th e
following:
1. A Water Supply Reliability Analysis
2. Annual Water Supply and Demand Assessment Procedures
3. Six Standard Water Shortage Stages6
4. Shortage Response Actions
5. Communication Protocols
6. Legal Authority, Compliance, and Enforcement
7. Financial Consequences of WSCP
8. Monitoring and Reporting
9. WSCP Update Procedures
10. Special Water Feature Distinction
11. Plan Adoption, Submittal, and Availability
The City’s existing WSCP will need to be modified to comply with the 2020 requirements. As
shown in Table 3, staff proposes the addition of an Alert stage and the alignment with State
required reduction stages.
Table 2 - Proposed WSCP Stages in Alignment with State Requirements
WSCP Stages from
2015 UWMP
Proposed WSCP
Stages
State Required WSCP
Stages (% Reduction in
available water supply)
Available City Water
Supplies
Monitor (5+ Years) Monitor - > 5 years of water supply
remains
Watch (< 5 Years) Watch 10% 5 years or less7
Warning (< 4 Years) Warning 20% 4.5 years or less
Severe (< 3 Years) **Proposed Stage**
Alert 30% 4 years or less
Extreme (< 2 Year) Severe 40% 3.5 years or less
Critical (< 1 Year) Extreme 50% 3 years or less
Critical >50% 2.5 years or less
FOCUS AREAS FOR COUNCIL DISCUSSION
Although many of the legal mandates found in the UWMP and WSCP are highly prescriptive in
nature, the City has control over many elements of the two plans. Below are suggested focus
areas for City Council discussion at the Study Session.
6 Like in the 2015 UWMP, the City’s Monitor Stage is in place at all times to continue to monitor the City’s
compliance with water conservation mandates and goals.
7 General Plan, Water and Wastewater Management Element, Policy A 6.3.2 related to Short -term Water Shortages
states that “Mandatory water conservation measures as described in the City’s Water Shortage Contingency Plan,
included in the City’s Urban Water Management Plan, may be implemented when the City's water supplies are
projected to last five years or less.”
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Equitable Water Shortage Management Actions
When the City has less than five years of water available the WSCP requires Water Shortage
Management Actions (Management Actions) that increasingly reduce the community’s water
demand as water supplies are further stressed. Management Actions can also include bringing
new water supplies online such as an expansion of the City’s groundwater pumping program or
recycled water system expansion. The City has focused on Management Actions that are
equitable between residential and non-residential customer classes while ensuring that new
development being considered during drought periods does not further reduce the City’s
available water supplies. A comprehensive list of Management Actions, as well as additional
details about the proposed Water Shortage Contingency Plan, can be found in (Attachment C).
During the “Watch” and “Warning” stages, which occur when less than five and less than four
and one-half years of water supplies remain, the City focuses efforts on increased public
outreach and water conservation messaging to the community. Concurrently, the City
implements internal measures to ensure adequate staffing levels, budgets, rates, and work
programs are in place leading into the next four stages. The main differentiation between the
“Watch” and “Warning” stages is the implementation of time of use irrigation restrictions (No
irrigation between 7:00 AM and 7:00 PM) and the option to begin the Water Demand Offset
Program (Offset Program) within the “Warning” stage. The Offset Program requires
development projects that have not yet been through the entitlement process to offset their water
demand prior to connecting to the City’s water system. More detail on the Offset Program can be
found within the “New Development” focus item below.
The “Alert” stage, which is designated when the City has less than four years of available water
supply, provides additional irrigation restrictions. Specifically, this stage limits outdoor
irrigation to four days per week and requires new development that has not been through the
entitlement process to either defer landscape installations or to install landscaping that provides a
50 percent or greater reduction in Maximum Applied Water Allowance (MAWA). This stage
also includes large public outreach efforts to the community as staff prepare for more restrictive
measures in the final three stages.
The “Severe” stage occurs when the City’s available water supplies provide less than three and
one-half years of water to the community. During this stage, major changes include a reduction
in allowable watering days from four days per week to three days per week, the option for
Council to require a more stringent Offset Program (1.5:1 or 2:1 offset ratio), and the initiation of
the City’s Water Allotment Program. The Water Allotment Program sets a maximum water use
for each residential property based on the number of residents living in that home and allows
businesses to reduce water use by a percentage based on their business category or to a “baseline
consumption”. The intent of the initial stage of the Water Allotment Program is to restrict the
water use of the City’s most inefficient water users. It is important to understand that this
program does not give a larger volume of water to properties with larger yards or more irrigation
but rather ties the allotment to the number of people living within the home.
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The “Extreme” stage occurs when the City has less than three years of water supply available.
Notable actions in this stage include a reduction in allowable watering days from three days a
week to two days a week and a smaller per-person water allotment. A reduced per-person water
allotment would be based upon already achieved demand reduction and specific rainfall forecasts
and time of year.
The final stage of the WSCP, the “Critical Stage” occurs when the City has two and one-half
years or less of available water supply. Notable actions within this stage include the option to
cease outdoor irrigation and prohibit new connections to the City’s water system, as well as a
reduction in the City’s Water Allotment Program, allowing each residential property the
minimum amount of water to ensure the health and safety of the occupants.
Community Priorities and Water Shortage Action Exemptions
As the community was impacted by the 2011-2015 drought and irrigation restrictions were put
into place, community members advocated for certain exemptions related to water use
restrictions. Staff believes that a series of minor exemptions will help ensure the health and well -
being of the community while not making a substantial impact on available water supplies. Staff
supports the following water use restriction exemptions and variances:
Sites Using Recycled Water
Per the existing WSCP, sites utilizing recycled water are exempt from irrigation restr ictions.
These sites include major City parks, such as Damon Garcia Park, French Park, Islay Park,
Laguna Lake Park, Laguna Hills Park, De Vaul Park, the Laguna Lake Golf Course, and Laguna
Middle School, as well as many multifamily and commercial properti es. It is important to
acknowledge that all of the City’s recycled water customers are located on the southern side of
the City due to delivery limitations of the City’s recycled water system, thus not providing equal
opportunities for safe play and recreation across the community.
Irrigation Exceptions at Specific Facilities
During the most recent drought, Public Works Parks Maintenance staff and community members
provided feedback that City parks with inadequate irrigation allotments could lead to hazardous
conditions at recreation and play environments. To address these concerns, and to provide
communal spaces for recreation during times when many homes allowed landscapes to die, in
2016 the City Council approved an amendment to Chapter 13.07.030 of the Municipal Code,
allowing for daily irrigation at designated City facilities during turf renovation, and three times
per week thereafter (Attachment D). Staff recommends that this exemption be expanded to
include schools within the City’s boundaries as they are used for recreation in a similar manner
to City parks, specifically during school hours. As proposed, this exemption would only go into
place in the stages of the WSCP when irrigation days are restricted. It is anticipated that this
exemption would constitute a net increase of under 75 acre-feet per year versus no exemption.
This constitutes approximately 1.5 percent of the City’s total water use.
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Irrigation of Trees
During the 2011-2015 drought, the City heard from many customers who opted to cease
irrigation of their trees to reduce their water demand. Unlike turf, shrubs, and other groundcover,
trees take a great amount of time to grow and provide substantial ecological, environmental,
practical, and economic value to the community. Staff recommends an exemption to irrigation
restrictions to allow for the use of a hose and shutoff nozzle to hand water trees.
Hospitals, Healthcare Facilities, and other Specific Business Types
Staff proposes that hospitals, healthcare facilities, and other businesses requiring water for the
health and safety of at-risk people may apply for an exemption or allocation adjustment for
indoor water use on a case-by-case basis. This exemption may be granted at the discretion of the
Utilities Department Director or his/her/their designee.
New Development
The City utilized water demand offset programs in the past to continue to permit new
development during periods of restricted water availability. Water offset programs require new
development to conduct water savings projects within the City in order to offset the new demand
that is created by the project. An example of a highly successful water offset program was the
toilet retrofit offset program implemented by the City in the 1990s. As a result of this highly
successful program, most toilets in the City today meet low-flow requirements, thus limiting the
potential of future toilet retrofit offset programs.
While water offsets are identified in the City’s existing WSCP, staff is proposing an offset
program that begins as a “net neutral” water savings program in which new water demand must
be offset at a 1:1 ratio. During later stages of the WSCP staff recommends that the City Council
retain the ability to require a 1.5:1 and 2:1 “net benefit” water offset ratio. Examples of water
offsets include an in-lieu fee to support the City’s water supply expansion projects, indoor water
fixture replacements, and turf replacements. During the Critical stage of the WSCP, staff
recommends that no new connections to the City’s water system be permitted since water offsets
do not technically create more water, they simply expedite water supply and water conservation
programs, essentially making them happen sooner. The City must meet Water Code Section 350
and Government Code Section 65858 requirements to trigger a cessation in new connections,
otherwise commonly referred to as a “building moratorium”. While legally complex, for a
building moratorium to be legally sound, specific findings must be made to demonstrate a
“current and immediate threat to the public health, safety, or welfare, and that the approval of
additional subdivisions, use permits, variances, building permits, or any other applicable
entitlement for use which is required in order to comply with a zoning ordinance would resul t in
that threat to public health, safety, or welfare.”
Outreach to the Community
Communication on water resources remains important both during times of adequate water
availability and during water shortages. The community will benefit equally during rob ust water
supply periods, and any possible water shortage periods that may be experienced. Broadened
communication will be accomplished through expanded public outreach programs aimed at
educating and informing the public about the City’s water supplies and water resource
availability, planning and housing policies, and water resource and infrastructure resiliency.
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Methods staff utilize for public outreach include use of the City’s website and social media
platforms, attendance at community events such as Farmers’ Market, the SLO Home Exposition,
the Disaster Preparedness Exposition, and Earth Day, and in-person meetings with community
members to help them meet their water conservation goals. Additionally, staff will include
regular outreach on video and audio streaming services, television, radio, and through other paid
advertising and direct mail pieces such as the Resource Newsletter.
When entering periods of drought or water shortage, one of the most essential roles the City
plays is to ensure that the community has an overall awareness of the current situation and the
need for voluntary conservation measures in order to avoid more strict mandatory measures.
During a water shortage, defined as the City having less than five years of water available, the
City would expand its existing outreach program and more directly focus this outreach on
customer classes and water users with the largest potential for water savings. Increased outreach
is a time intensive activity and would require additional funding associated with this expanded
work effort.
Examples of the type of measures the City would take to increase outreach to the community
include but are not limited to the following:
• Increased presence at public events (Home Expo, Farmers Market, Earth Day, etc.)
• Increased direct contact with residential advocacy groups, business advocacy groups,
and irrigation industry groups
• Increased use of printed advertising such as newspapers, billing inserts, direct mail
• Use of radio and digital audio streaming service advertising (Spotify/Pandora)
• TV and digital video streaming advertising (YouTube)
• Use of visual cues such as banners, flyers, and signs in public spaces such as parks
and City offices
Enforcement Actions
Utilities Department staff is seldom required to assess financial penalties to customers who are in
violation of the City’s Municipal Code as most violations are not intentional and are easily
resolved. However, as the City learned in the 2011-2015 drought, more stringent restrictions can
result in customers choosing to not follow the City’s more restrictive demand reduction measures
during a water shortage, especially in the stages that require significant reductions in outdoor
irrigation.
The current process for reaching out to customers who are in violation is as follows:
First Violation (Courtesy Notification): Customer receives a “courtesy notification” by
staff regarding the violation that was observed, and the Water Shortage Response Actions
currently in place. The customer is provided with educational material and resources to
help them comply with the requirements, if possible. Examples of a “courtesy
notification” include door tags containing educational information, educational
pamphlets, mailed letters, and/or a phone call by staff.
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Second Violation (Issuance of Notice of Violation): Customer is issued a written notice
of violation (NOV), which describes the specific violation, date, and time the violation
was observed, and consequences of subsequent violations.
Subsequent Violations (Penalty/Fine): Customer may be issued a penalty/fine for
violation in accordance with the City’s Municipal Code.
As water supply declines and the community has more opportunity to understand and
implement new restrictions, staff recommends a penalty structure in which penalties for
violations double within the final two WSCP stages. Staff also recommends ceasing the use
of a “Courtesy Notification” during the final two WSCP stages.
Policy Context
The City’s General Plan Water and Wastewater Management Element Pr ogram A 5.3.3 requires
the City to “Prepare and update the Urban Water Management Plan every five years as
required by the State.”
The requirements for UWMPs are found in two sections of California Water Code, §10610-
10656 and §10608, which are available at the links below:
https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?lawCode=WAT&di
vision=6.&title=&part=2.6.&chapter=1.&article=&goUp=Y
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=10608.&lawCo
de=WAT
The 2020 UWMP and WSCP are consistent with the City’s Charter and General Plan. Added in
1996, Section 909 (“Use of Reliability Reserve”) of the City’s Charter states:
As identified in the Water Management Element of the General Plan, the City shall
strive to acquire additional water supplies as a “reliability reserve” to protect the City
from future water shortages. Once the City has acquired a portion or all of the
reliability reserve, the additional water supply shall only be used to meet City needs
during unpredictable changes such as a new worst-case drought, loss of one of the
City’s water sources, contamination of a source, or failure of a new source to provide
projected yield, and not to allow additional development.
The City’s General Plan, Water and Wastewater Management Element, Policy A 5.2.3 provides
the methodology for determining the City’s reliability reserve. The policy states “The City will
establish a reliability reserve that is 20-percent of the water use rate established in Policy A
5.2.18 multiplied by the current population. The water supply designated as the reliability
reserve may not be used to serve future development.”
8 General Plan, Water and Wastewater Management Element, Policy A 5.2.1 states “The City will utilize the per
capita water use rate allowed by Senate Bill X7-7 for projecting future potable water demand established as 117
gallons per capita per day.”
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Previous Council Action
On June 14, 2016, Council adopted the City’s 2015 UWMP by Resolution 10726 (Attachment
B).
Public Engagement
The City’s water planning documents including the 2015 Urban Water Management Plan, 2020
Water Resources Status Report, and General Plan Water and Wastewater Management Element
are provided on the Utilities Department webpage, under Documents and Files, at the link below:
https://www.slocity.org/government/department-directory/utilities-department/documents-and-
files
This study session intends to serve as an opportunity to receive feedback from the City Council
and the community regarding the UWMP and WSCP. The Utilities Department will place a link
to the draft WSCP and study session material on its website once the agenda material is made
publicly available. A complete draft of the City’s 2020 UWMP is expected to be released in
early June 2021. The City Council is expected to consider adoption of the final plan in June
2021. The 2020 plans must be submitted to the state by July 1, 2021.
CONCURRENCES
Utilities staff have worked with Community Development, Parks and Recreation, and Public
Works Department staff on aspects of the 2020 UWMP and WSCP. Those staff concur with the
approach described in this report.
ENVIRONMENTAL REVIEW
No environmental review is required for this study session. Per California Water Code §10652,
urban water management planning is statutorily exempt from the California Environmental
Quality Act (CEQA).
FISCAL IMPACT
Budgeted: Yes Budget Year: 2020-21
Funding Identified: Yes
Fiscal Analysis:
There is no fiscal impact associated with Council participation in this study session. Budget for
the preparation of the UWMP is funded by the Water Fund and, similar to th e City’s prior
UWMPs, the 2020 UWMP is being prepared by in-house Utilities Department staff.
Funding for the on-going implementation of the UWMP was approved as part of the 2019-2021
Financial Plan in the Water Fund, Water Administration and Water Resource Program section
operating budgets. Any project or program that would stem from the information contained in
the City’s 2020 UWMP would be brought back to the City Council for approval as appropriate.
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ALTERNATIVES
Council could provide feedback in areas other than the focus areas listed above.
Attachments:
a - Resolution No. 10726 (2016 Series) - Approving the 2015 Urban Water Management
Plan
b - 2015 Urban Water Management Plan - Water Shortage Contingency Plan
c - 2020 Water Shortage Contingency Plan
d - COUNCIL READING FILE - Council Agenda Report dated 11/15/2016 amending
Municipal Code 13.07.030
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RESOLUTION NO. 10726 (2016 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADOPTING THE REVISED URBAN WATER
MANAGEMENT PLAN
WHEREAS, the California Legislature enacted Assembly Bill 797 during the 1983-1984
Regular Session, and as amended subsequently, which mandates that every supplier providing
water for municipal purposes to more than 3,000 customers or supplying more than 3,000 acre
feet of water annually, prepare an Urban Water Management Plan (the "Plan"); and
WHEREAS, the City is an urban supplier of water providing water to approximately
15,000 customers; and
WHEREAS, the Plan shall be periodically reviewed at least once every five years, and
that the City shall make any amendments or changes to its plan which are indicated by the
review; and
WHEREAS, the Plan must be adopted, after public review and hearing, and filed with
the California Department of Water Resources within thirty days of adoption; and
WHEREAS, the City has therefore prepared for public review a draft Urban Water
Management Plan, and a properly noticed public hearing regarding the Plan was held by the City
Council on June 14, 2016.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo that the Urban Water Management Plan, consisting of text with tables, figures and
appendices presented to the Council on June 14, 2016, on file in the City Clerk's Office, is
hereby adopted and staff is hereby authorized to make any necessary changes to make the Urban
Water Management Plan internally consistent with changes to Table 1.
BE IT FURTHER RESOLVED that the Utilities Director is hereby directed to
distribute the Urban Water Management Plan to the California State Library, the County of San
Luis Obispo and make available for public review as prescribed by state law.
Upon motion of Council Member Ashbaugh, seconded by Council Member Rivoire, and on the
following roll call vote:
AYES: Council Members Ashbaugh, Christianson and Rivoire,
Vice Mayor Carpenter and Mayor Marx
NOES: None
ABSENT: None
R 10726
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Resolution No. 10726 (2016 Series) Page 2
The foregoing resolution was adopted this 14th day of June 2016.
1 4mv"'-
Mayor Ja arx
ATTEST:
I—
Lee Price' -MMC
Interim City Clerk
APPROVED AS TQ FORM:
City Attorney
IN WITLESS WHEREOF, l have hereunto set my d and affixed the official seal of the City
of San Luis Obispo, California, this` day of 'C520 _.
Lee Price, MMC
Interim City Clerk
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Whale Rock Reservoir.
Chapter 8: Water Shortage Contingency Plan
Developing and maintaining a multi-source water supply portfolio to increase resiliency against water
shortages has been a City priority for many years. A water shortage occurs when water supplies are
insufficient to support demand. A water shortage could occur due to drought, earthquake, infrastructure
failure, or other emergency. Droughts occur with unpredictable frequency, intensity, and duration. The
Department of W ater Resources defines drought as “A deficiency of precipitation over an extended period
of time resulting in a water shortage for some activity, group, or environmental sector.”
This Water Shortage Contingency Plan (WSCP) provides the foundation for a staged response to
worsening water shortage conditions. A draft Water Conservation Ordinance, to update Chapter 13.07 of
the City’s Municipal Code, is proposed to establish the regulations and procedures for implementing this
Plan. The draft Water Conservation Ordinance is provided in Appendix VI.
8.1 WATER SHORTAGE DETERMINATION
The degree of the water supply shortage determines the necessary level of response from the City and
customers. When determining a water shortage stage the City evaluates the following:
• Water demand across customer categories
• Water availability at each supply source
• Available water supply options including supplemental water supplies
The City utilizes a water projection model, testing both hypothetical and actual water demand scenarios,
to analyze current water storage at each reservoir and to predict how long the water supplies are
available. The model accounts for the total storage in the three reservoirs, in conjunction with other
available resources, needed to meet the City’s
water demand. The model uses historical hydrologic
information based on the average for the worst
drought period (2012 to 2014). Other data included
in the model are:
• Water Entitlement (contractual or
percentage)
• Current reservoir level
• Gallons per capita per day water demand
• Rainfall
• Temperature
• Evaporation
• Existing population
• Future population growth
Utilizing a water projection model as part of its
water supply management enables the City to
foresee whether a water supply shortage is
anticipated in any given year, and the severity of a
shortage based on the availability of the City’s
different sources of supply and water demand
trends. The City uses the model to study the
potential impacts of climate change using increased
temperature and evaporation rates, along with
decreased precipitation.
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8.2 WATER SHORTAGE RESPONSE
A water shortage response relies on the City’s ability to temporarily augment supply and/or reduce water
demand. The City’s water shortage response would combine a variety of elements from outreach to
enforcement, each increasing in intensity as the shortage persists. The City’s demand reduction targets
focus on water use limits and prohibitions that will reduce non-essential use, such as imposition of
restrictions on outdoor irrigation. Implementation of these restrictions is necessary to conserve the City’s
water supply for the greatest public benefit regarding domestic use, sanitation and fire protection. This
section reviews the general strategies the City will employ to mitigate the impacts of water shortage on
the community.
Voluntary Reduction Measures
All customers may be asked to voluntarily reduce their water usage during a water shortage. The City
may provide water conservation tips and suggestions through various public outreach methods,
encourage and distribute conservation devices such as low flow shower heads and faucet aerators,
discourage excessive outdoor watering, and encourage landscaping with drought tolerant plants.
Voluntary reductions measures are described in more detail in Section 8.3
Mandatory Reduction Measures
The City may place mandatory reduction measures on certain uses, such as restricting outdoor watering
to prescribed times and number of days per week beginning in the Watch Stage, with days and times for
landscape watering further limited in later stages. Mandatory reduction measures may limit specific
methods of irrigation (i.e., sprinkler ban).
The seasonal increase in water demand underscores the importance of implementing outdoor landscape‐
focused reduction programs. An average of approximately 50 percent of residential water use in San Luis
Obispo is for landscape irrigation. Therefore, restrictions on outdoor water use are generally highly
effective in reducing water demand. Outdoor uses are typically considered to be discretionary or
nonessential for health and safety purposes, are highly visible and relatively easy to monitor, and often
are a substantial component of water demand, particularly during the summer months when drought
conditions are often most severe.
Prohibitions
Prohibitions will vary by drought stage, with the fundamental purpose of prohibiting non‐essential uses not
required for basic health and safety. During a declared water shortage, specific prohibitions would be
described in a Water Shortage Ordinance adopted by the City Council. In the Critical Stage, all non‐
essential outdoor water use, except recycled water or grey water, may be prohibited.
The City will adopt regulations at the appropriate water shortage stage that require customers to take
certain measures to promote water conservation, such as posting signage at various establishments,
undergoing a water audit to maximize or demonstrate water conservation, and prescribing to customer‐
specific water budgets.
Supplemental Water Supply Options
During a water shortage emergency, the City may also utilize supplemental water supply options, or
acquiring a new supply as warranted by the current situation. Currently, this might include requesting all
5,482 afy of the City’s Nacimiento Reservoir allocation. In the future, this may include utilizing more
groundwater and/or utilizing highly treated wastewater in a potable reuse system. These water supply
options may be less desirable during normal operations due to increased operation costs.
8.3 WATER SHORTAGE STAGES
The goals of the City’s Water Shortage Contingency Plan are to extend the City’s available water
resources long enough to gain another winter rainfall period which could serve to add to reservoir
storage. Extending available water resources through water demand reduction provides time for the City
to bring on supplemental water supplies to meet demand. It is the City’s goal to implement water demand
reduction programs that will achieve measurable water savings without affecting customers’ lifestyles. In
the higher water shortage stages lifestyle and habit changes will be necessary.
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This section identifies the measures that may be taken at each stage to achieve desired water use
reduction levels. The purpose of establishing water shortage stages is to clearly define the severity of the
shortage and establish appropriate targets for demand reductions. Defining these stages allows the City
to respond to worsening conditions, with each stage “triggering” different actions. The multi‐stage
approach provides different levels of response for a water shortage event ranging from a ten percent
supply deficiency up to a 50 percent or greater deficiency.
Table 32 provides a quick reference guide to the City’s Water Shortage Contingency Plan, though City
Council may adopt variations of these stages, independent from the stage resulting from the use of the
Water Projection Model, to strategically address the current water shortage situation. Each stage
describes increasing levels of water demand reduction and water supply augmentation methods. As
stated previously, during an actual water shortage emergency, other measures may be imposed.
Water Shortage Response Stage: MONITOR
San Luis Obispo has made water conservation an integral part of the community’s culture and policy
context for managing its water resources. The community has demonstrated a high commitment to
reducing its water usage during water shortages. Although not a true declaration of a water shortage, the
Water Shortage Contingency Plan’s Monitor Stage remains in place at all times along with voluntary
conservation and implementation of the California Urban Water Conservation Council’s Best
Management Practices. A complete description of the City’s water conservation program is included in
Chapter 7.
This stage is focused on achieving voluntary compliance, as opposed to a mandatory demand reduction
programs. To ensure the City is using water responsibly and remains in compliance with the SB X7-7
requirement to not exceed 117 gpcd, the City continually assesses available water supply levels, monitors
customer water demand trends, conducts water loss audits, and evaluates potential supplemental
supplies. The following are examples of measures that may be taken to facilitate water conservation
consistent with CUWCC best management practices:
• Implement public outreach and communication programs (bill stuffers, social media, etc.)
• Participate in trade shows, home shows, and special community events
• Identify largest water users in each sector and offer complementary water audits
• Identify and notify customers of possible leaks and inefficient uses of water
• Encourage the use of drip irrigation and drought tolerant plants
• Implement school (K-12) education programs related to water conservation
• Enforce the toilet retrofit upon sale program
•
Actions at the Monitor Stage would also include active enforcement of the City’s water waste prohibitions,
such as those adopted by the Governor in 2016, from Chapter 13.07 of the City’s Municipal Code, which
defines water waste as follow (See also Table 32):
13.07.020 – Water runoff prohibited.
A. No person shall cause any water delivered by the city water system to flow away from property owned,
occupied or controlled by such person in any gutter, ditch or in any other manner over the surface of the
ground, so as to constitute water waste runoff.
B. “Water waste runoff” means water flowing away from property and which is caused by excessive
application(s) of water beyond reasonable or practical flow rates, water volumes or duration of application.
(Ord. 1089 § 1 (part), 1987)
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TABLE 32: Water Shortage Response Stages
Quick Reference Guide
STAGE WATER SUPPLY
STATUS1 CITY ACTIONS
PER CAPITA
GOAL
(GPCD)
Monitor
5+ years of
available water
supply
City maintains conservation messaging at levels that
ensure compliance with SB X7-7 maximum of 117 gpcd. 1172
Watch
< 5 years of
available water
supply
City increases conservation messaging. City examines
available alternative water sources (groundwater,
Nacimiento full allocation, etc.) and takes action based
on current circumstances to meet demand. City may
implement mandatory conservation measures to meet
per capita reduction target.
107
Warning
< 4 years of
available water
supply
City implements mandatory conservation measures
including outdoor irrigation restrictions (examples: 3 or 2
days a week watering and only serving water upon
request at restaurants) and consider a Water Offset
Program for new connections.
95
Severe
< 3 years of
available water
supply
City implements Water Allotment Program. Water Offset
Program for new connections may be increased.
Additional outdoor irrigation restrictions may be added
(such as no spray irrigation). Outdoor irrigation may be
prohibited for all uses. Cessation of all new connections
may be considered.
90
Extreme
< 2 years of
available water
supply
City continues to implement a Water Allotment Program
with reduced levels. Water Offset Program for new
connections may be increased. Outdoor irrigation may be
prohibited for all uses. Cessation of all new connections
may be considered.
85
Critical
< 1 year of
available water
supply
City continues to implement a Water Allotment Program
at further reduced levels (minimum for public health and
safety). Outdoor irrigation prohibited for all uses. Water
Offset Program to cease and no new connections
permitted.
75
NOTES:
1. The City’s Water Supply Status is informed by the Water Projection Model and per Section 8.2 of Chapter 8.
2. The City’s per capita goal of 117 gpcd is the City’s SB X7-7 2020 Target, see Chapter 3.
3. Recycled water is not subject to demand reduction programs, water allocations or other drought response
programs. The City’s recycled water program is described in further detail in Chapter 5.
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Water Shortage Response Stage: WATCH
When the City’s available water supply would provide less than five years of water, a recommendation
would be made to the City Council that a water shortage be declared. The City Council would be asked to
adopt a resolution declaring the City enter the Watch Stage and urge the public to reduce water use by
approximately 8.5 percent from 117 gpcd to 107 gpcd.
During the “Watch” Stage, the demand management measures utilized during the Monitor Stage above
will increase along with a continued focus on voluntary compliance. The City will also increase public
outreach, implement system and operational changes, increase enforcement actions, and undertake
other administrative actions. These program expansions and changes may include:
Water Demand Reduction Programs:
• Accelerate water audit programs for all customer classes
• Identify largest water users in each sector and contact for complementary water audits
• Increase water waste patrols
• Conduct water use surveys
• Implement rebate programs
• Consider the use of irrigation limitations
Public Outreach Programs:
• Issue a press release following Watch Stage declaration
• Include information in quarterly Resource Newsletter
• Update City website and create a page dedicated to information on details of WSCP Watch Stage
• Consider use of billing inserts to notify public of current situation and needs
• Coordinate with regional partners on messaging and outreach
• Develop outreach program for City staff to promote consistent messaging related to water supply
and water conservation
• Increase outreach at public events such as Farmers Market, SLO Home Show, and home owners
association board meetings
• Focus social media platforms on issues consistent with needed demand reductions
System and Operational Changes:
• Reduce water usage for main flushing and hydrant flushing
• Reduce distribution system pressure where feasible
• Increase leak detection, water meter testing, and water meter replacement
• Decrease allowable time for repairing leaks in distribution system
• Require use of non-potable water sources for all street sweeping and hydrocleaning
• Activate the Drought Taskforce
Enforcement Actions:
• Actively enforce water waste prohibitions
• Update online forms for reporting water waste and move forms to front page of website
• Continue to follow City’s policy for code violations and issue Notices of Violation and
Administrative Citations where deemed necessary
Other Administrative Actions:
• Begin drafting ordinance revisions and code changes that would go into effect in subsequent
water shortage stages
• Plan for the funding and implementation of specific conservation programs launched in
subsequent water shortage stages
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• Review potential fiscal impacts of drought (i.e., increased water supply, operational, and capital
costs); and demand reductions (reduced revenue)
• Prepare for implementation of next water shortage stage
• Identify and plan for the need for additional staff. In planning for additional staff, consideration
should be given to funding, available office space, vehicles, training, and other needed supplies
and support
• Consider need for drought surcharge to stabilize revenue
• Consider deferring previously scheduled capital projects as necessary to invest in acquisition of
needed water supply sources and demand reductions
• Review available supplemental water supply options, such as increased use of groundwater,
utilization of potable reuse, and implementation of a recycled water filling station
Water Shortage Response Stage: WARNING
When the City’s available water supply would provide less than four years of water, a recommendation
would be made to the City Council to move to the next water shortage stage. The City Council could be
asked to adopt a resolution declaring the City enter the Warning Stage and urge the public to reduce
water use by an additional approximately 11 percent from 107 gpcd to 95 gpcd including mandatory
conservation measures.
The water conservation measures described in the Monitor and Watch Stages above may increase during
the Warning Stage, with an increased focus on limiting outdoor water uses. System and operational
changes would remain in place. These increases and additions to programs may include:
Water Demand Reduction Programs:
• Continue implementation of and possible increase of all demand reduction programs listed in
Watch Stage
• Limit outdoor watering to two or three days a week and only between the hours of 7:00 p.m. and
7:00 a.m.
• Defer landscape installations for new development or require development to install landscaping
that provides a significant reduction in water demand ( e.g. a minimum of 50%) as compared to a
conventional drought tolerant landscaping during normal water years
• Require hotels/motels/inns to offer the option to opt out of laundry services
• Require restaurants to only serve water upon request
• Restrict use of decorative water features and fountains
• No watering within 48 hours of measureable rainfall
• No washing down of sidewalks, driveways, parking lots or other hardscape areas unless
necessary to protect public health and safety
• No exterior washing of buildings, dwelling and other structures, except for pre-approved uses
• No vehicles washing except at commercial car washing facilities or by use of a bucket and/or
hose equipped with a shut off nozzle
Public Outreach Programs:
• Continue implementation of and possible increase of all public outreach programs listed in Watch
Stage
• Issue a press release following Warning Stage declaration
• Target outreach to customers with large landscapes regarding irrigation restrictions
• Use of billing inserts, postcards, and direct mail pieces to inform customers of new requirements
and prohibitions
• Coordinate with local business groups such as the Chamber of Commerce and landscaping
associations to help encourage conservation among commercial customers
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• Coordinate with home owners associations, property rental agencies, and other local groups to
help encourage conservation among residential customers
Increased Enforcement Actions:
• First Violation: Customer notification and education
Customer will be notified by staff of the particular violation observed, and the demand reduction
programs currently in place. The customer will be provided with needed resources to help them
comply with requirements. Examples of notification include: door tags containing violation
information, mailed letter, and/or personal phone call by staff
• Second Violation: Issuance of Notice of Violation
Customer will be issued a written notice of violation (NOV), notifying the customer of specific
violation, date and time the violation was observed, and consequences of subsequent violations
• Subsequent Violations: Customer may be issued a penalty/fine for violation
Other Administrative Actions:
• Continue implementation of and possible increase of all
other administrative actions listed in Watch Stage
• Prepare utility billing system and bill format for water
allocations and reductions listed in subsequent stages.
• Establish appeals committee for customers who
exceed allotments in subsequent stages or receive
fines from violating water waste prohibitions
• Increase utility billing training and support to address
additional requirements of Warning Stage and future
stages
• Begin preparing for Severe Stage
Implementation of a Water Demand Offset Program:
During the Warning Stage, the City may consider implementing
a water demand offset program. Water demand offset
programs are designed to require new development that
causes increased water demand to offset such demand through
conservation or acquisition/development of new supplies. The
goal of an offset program is to ensure that a new development
does not increase current and future water demands.
At the Warning stage the City may choose to implement a neutral offset program, requiring that new
demands offset usage at a rate of 1:1. Future stages of the WSCP may suggest a more aggressive, “net
positive” water demand offset program. A “net positive” water demand offset program would require a
positive offset of a project’s water demand. An example of this would be a project required to offset its
water demand at a ratio higher than 1:1, such as 1.5:1 or 2:1.
There are several types of offset programs in use across California and the United States. Examples of
potential offset programs are listed below.
• Toilet replacements
• Smart irrigation controllers
• Onsite reuse systems
• Submetering
• In-lieu fee
• Irrigation system retrofits
• Waterless urinals
• Rainwater capture
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Water Shortage Response Stage: SEVERE
When the City’s available water supply would provide less than three years of water, a recommendation
would be made to the City Council to move to the next water shortage stage. The City Council would be
asked to adopt a resolution declaring the City enter the Severe Stage and urge the public to reduce water
use by an additional approximately five percent from 95 gpcd to 90 gpcd.
At this water shortage response stage, the City would continue implementation of demand reduction,
public outreach, and enforcement programs described in prior stages. System and operational changes
would remain in place. At the Severe Stage, a water offset program may increase to a “net positive”
program, such as 1.5:1 or 2:1 and the City may implement a water allotment program. The following
allotment method may be used:
Customer Classification Severe Stage Allotment
Single Family Residential and
Multi-family Residential
A per capita allotment of 64 gppd,
verification of persons per household may
be requested
Commercial and Institutional Baseline allocation or allocation based on
percent reduction from normal usage
Landscape Meters
Allocation based on percent reduction from
normal usage; the City could consider
prohibiting outdoor irrigation
Excessive water use penalties may be imposed as outlined in the City’s Municipal Code.
At this stage, due to the limited water supplies that remain, the City could consider prohibiting outdoor
irrigation and the cessation of new connections to the water distribution system.
Water Shortage Response Stage: EXTREME
When the City’s available water supply would provide less than two years of water, a recommendation
would be made to the City Council to move to the next water shortage stage. The City Council would be
asked to adopt a resolution declaring the City enter the Extreme Stage and urge the public to reduce
water use by an additional approximately five percent from 90 gpcd to 85 gpcd.
At this water shortage response stage, the City would continue implementation of demand reduction,
public outreach, and enforcement programs described in prior stages. System and operational changes
would remain in place. At the Extreme Stage, a “net positive” water offset program may continue to be
offered and outdoor irrigation may be prohibited. The following allotment method may be used:
Customer Classification Extreme Stage Allotment
Single Family Residential and
Multi-family Residential
A per capita allotment of 56 gppd,
verification of persons per household
may be requested
Commercial and Institutional
Baseline allocation or allocation
based on percent reduction from
normal usage
Excessive water use penalties may continue to be imposed as outlined in the City’s Municipal Code.
At this stage, due to the limited water supplies that remain, the City could consider the cessation of new
connections to the water distribution system.
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Water Shortage Response Stage: CRITICAL
When the City’s available water supply would provide less than one year of water, a recommendation
would be made to the City Council to move to the next water shortage stage. The City Council would be
asked to adopt a resolution declaring the City enter the Critical Stage and urge the public to reduce water
use by an additional approximately 12 percent from 85 gpcd to 75 gpcd.
At this water shortage response stage, the City would continue implementation of demand reduction,
public outreach, and enforcement programs described in prior stages. System and operational changes
would remain in place. At the Critical Stage, a water offset program may no longer be offered and outdoor
irrigation may continue to be prohibited. The following allotment method may be used:
Customer Classification Critical Stage Allotment
Single Family Residential and
Multi-family Residential
A per capita allotment of 48 gppd,
verification of persons per household
may be requested
Commercial and Institutional
Baseline allocation or allocation
based on percent reduction from
normal usage
Excessive water use penalties may continue to be imposed as outlined in the City’s Municipal Code.
At this stage, due to the limited water supplies that remain, the City would consider the cessation of new
connections to the water distribution system.
8.4 REVENUE AND EXPENDITURE IMPACTS
During a water shortage, revenues from water sales can be reduced but the City’s operations and
maintenance costs would not reduce accordingly. In fact, during the these periods, the City’s operations
budgets can increase due to the implementation of water demand reduction measures, public outreach,
enforcement, groundwater exploration, water quality concerns, and other actions taken by the City during
the crisis. The reduction in revenues resulting from decreased water use may result in the need to raise
water rates during that period.
Under the City’s water rate structure, bills are based mainly on customer usage choices and resulting
demand on the water systems. Water Fund revenue is collected from multiple sources, but approximately
90 percent of revenue is directly tied to water service charges including the base fee.
To minimize the need to raise rates during water shortages, the City has a policy that requires a minimum
reserve of twenty percent of the Water Fund’s operating budget. While this is a minimum amount, the
reserve amount is typically above this minimum policy level.
City staff provides ongoing tracking of revenues and evaluates the potential impacts associated with
changes in water demand assumptions used in the Annual Water Fund Analysis. The City Council
considers the water rates necessary to provide water service to the community on an annual basis and
approves water rate changes as needed.
As part of the 2015-17 Financial Plan, the City included a base fee and tiered drought surcharge as water
demand was projected to reduce by 12 percent as a result of State water use reduction mandates. The
surcharge was proposed to offset the loss in revenue associated with the State order as the City was still
responsible for the costs of the City’s multi-source water supply and debt payments. In addition to water
supply, Water Fund revenue supports ongoing maintenance and operating programs needed to ensure
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that the water treatment and delivery systems meet all federal and state water treatment regulations and
are operated and maintained to provide safe and reliable service.
8.5 CATASTROPHIC WATER SUPPLY INTERRUPTION
The City has an Emergency Response Plan to cover a variety of potential disasters including:
earthquakes, floods, wildland fires, etc. The Plan identifies resources available to the City from other
agencies or private companies in the area. Additionally, the City of Morro Bay and the Whale Rock
Commission (of which the City of San Luis Obispo is a member) executed an agreement in June of 2000
which provides for Mutual Aid between the agencies during disruption of water deliveries or lack of
available water supplies. The agreement provides a general framework for exchanging water between
agencies in the event of emergencies or other water disruptions. The agreement is voluntary based on
each agency’s ability to assist at any point in the future.
In relation to providing water service, the City would utilize portable generators to minimize water
disruptions during an extended power outage. These generators are maintained and available to the City
at any time and are stored at the City Corporation Yard.
The City is a member of the Water Agency Response Network (WARN). WARN is a statewide
organization of water agencies and companies that have entered into a mutual aid agreement to assist
other water agencies during emergencies or other water related situations. The agreement provides the
frame work for providing assistance and provides a key contact to initiate a multiple agency response to a
water emergency situation.
8.6 MINIMUM SUPPLY NEXT THREE YEARS
Consistent with section 6.6, Water Supply Reliability Analysis, in Chapter 6, the City’s multiple dry year
scenario was determined to be 2012 to 2014 as the combined rainfall total for those three years was the
lowest on record. Available water supplies during this period assume the City’s safe annual yield from
Salinas and Whale Rock Reservoirs, contractual supply from Nacimiento Reservoir, and recycled water
supply are available totaling 12,622 acre feet of available supply, as shown in Table 33.
As directed by DWR, this section was prepared based on what is known by the City at the time the
UWMP was prepared. After the current drought has a “bookend” the safe annual yield of Salinas and
Whale Rock reservoirs will be recalculated. Related changes to safe annual yield will be incorporated into
planning scenarios.
TABLE 33: Minimum Supply Next Three Years
2016 2017 2018
Available Water
Supply 12,622 12,622 12,622
NOTES:
1. Department of Water Resources, Table 8-4.
2. Units are in acre-feet per year.
3. Volume available includes the City’s contractual supply to Nacimiento Reservoir,
Safe Annual Yield from Salinas and Whale Rock Reservoirs, and recycled water.
Source: City of San Luis Obispo Utilities Department, 2016.
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8.7 REQUIRED UWMP STANDARDIZED TABLES:
Stages of Water Shortage Contingency Plan
Stage
Complete Both
Percent
Supply
Reduction1
Water Supply Condition
Monitor 0
City maintains conservation messaging at levels
that ensure compliance with maximum 117 gallons
per capita per day (gpcd).
Watch 10
City increases conservation messaging. City
examines available alternative water sources
(groundwater, Nacimiento full allocation, etc.) and
takes action based on current circumstances to
meet demand. City may implement mandatory
conservation measures to meet per capita
reduction target.
Warning 20
City implements mandatory conservation
measures including outdoor irrigation restrictions
(examples: 3 or 2 days a week watering and only
serving water upon request at restaurants) and
consider a Water Offset Program for new
connections.
Severe 30
City implements Water Allotment Program. Water
Offset Program for new connections may be
increased. Additional outdoor irrigation restrictions
may be added (such as no spray irrigation).
Outdoor irrigation may be prohibited for all uses.
Cessation of all new connections may be
considered.
Extreme 40
City continues to implement a Water Allotment
Program with reduced levels. Water Offset
Program for new connections may be increased.
Outdoor irrigation may be prohibited for all uses.
Cessation of all new connections may be
considered.
Critical 50
City continues to implement a Water Allotment
Program at further reduced levels (minimum for
public health and safety). Outdoor irrigation
prohibited for all uses. Water Offset Program to
cease and no new connections permitted.
1 One stage in the Water Shortage Contingency Plan must address a water shortage of 50%.
NOTES: Table 8-1 R.
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Restrictions and Prohibitions on End Uses
Stage Restrictions and Prohibitions on End Users
Penalty, Charge, or
Other
Enforcement?
Monitor Landscape - Restrict or prohibit runoff from landscape
irrigation Yes
Monitor Other - Customers must repair leaks, breaks, and malfunctions
in a timely manner Yes
Monitor Other - Prohibit use of potable water for construction and
dust control Yes
Watch Other - Require automatic shut of hoses Yes
Warning Landscape - Limit landscape irrigation to specific times Yes
Warning Landscape - Limit landscape irrigation to specific days Yes
Warning Water Features - Restrict water use for decorative water
features, such as fountains Yes
Warning CII - Lodging establishment must offer opt out of linen service Yes
Warning CII - Restaurants may only serve water upon request Yes
Warning Water Features - Restrict water use for decorative water
features, such as fountains Yes
Critical Landscape - Other landscape restriction or prohibition Yes
NOTES: Table 8-2 (R).
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Stages of Water Shortage Contingency Plan - Consumption Reduction Methods
Stage Consumption Reduction Methods by Water Supplier
All Expand Public Information Campaign
Watch Offer Water Use Surveys
Watch Provide Rebates on Plumbing Fixtures and Devices
Watch Provide Rebates for Landscape Irrigation Efficiency
Watch Decrease Line Flushing
NOTES: Table 8-3 R.
Minimum Supply Next Three Years
2016 2017 2018
Available Water
Supply 12,622 12,622 12,622
NOTES: Table 8-4 R.
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Draft 2020 Water Shortage Contingency Plan
Developing and maintaining a multi-source water supply portfolio to increase resiliency against water
shortages has been a City priority for many years. A water shortage could occur due to drought, earthquake,
infrastructure failure, or other emergency. Droughts may occur with unpredictable frequency, intensity, and
duration. The Department of Water Resources defines drought as “A deficiency of precipitation over an
extended period of time resulting in a water shortage for some activity, group, or environmental sector.”
This Water Shortage Contingency Plan (WSCP) provides the foundation for a staged response to
worsening water shortage conditions. A draft Water Conservation Ordinance, to update Chapter 13.07 of
the City’s Municipal Code, will be proposed to establish the regulations and procedures for implementing
this Plan.
1. WATER SUPPLY RELIABILITY ANALYSIS
Assessing water supply reliability is the fundamental purpose of the City’s Urban Water Management Plan
(UWMP). Water service reliability is the City’s ability to meet the water needs of its customers under varying
conditions. Chapter 6 of the City’s UWMP assesses water supply reliability by analyzing plausible
hydrological variability, regulatory variability, climate conditions, and other factors that may affect the City’s
water supplies and customer water uses. The analysis looks beyond the City’s past experience and
considers what could be reasonably foreseeable in the future.
2. ANNUAL WATER SHORTAGE ASSESSMENT
The City performs a water shortage assessment each year, and more frequently in drought conditions, to
review available water supplies and confirm its approach for the coming year. The degree of the water
supply shortage determines the necessary level of response from the City and customers, if any. This
assessment includes evaluation of the following:
a. Current year water demand across customer categories
b. Water availability at each supply source
c. Available supplemental water supply options
d. Infrastructure considerations, including planned maintenance, repairs, and upgrades
The City utilizes a water projection model, testing both hypothetical and actual water demand scenarios to
analyze and predict how long the water supplies will be available under specific conditions. The model
accounts for the storage in the three reservoirs, in conjunction with other available resources, needed to
meet the City’s water demand. The model uses historical hydrologic information based on the average for
the worst drought period (2012 to 2014). Other data included in the model is:
a. Water Entitlement (contractual or percentage)
b. Current reservoir levels
c. Average gallons per capita per day community water demand
d. Rainfall
e. Temperature
f. Evaporation
g. Existing population
h. Population growth
Utilizing a water projection model as part of its water supply management enables the City to foresee
whether a water supply shortage is anticipated in any given year, and the severity of a shortage based on
the availability of the City’s different sources of supply and water demand trends. The City uses the model
to study the potential impacts of various intensities of drought conditions, including increased temperature
and evaporation rates, along with decreased precipitation.
In accordance with new UWMP requirements, each year the City will prepare a water supply and demand
assessment, present it to the City Council for review, and submit its annual Water Shortage Assessment
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Report to DWR. The Assessment will be conducted based on the use of the City’s water projection model
and the key data inputs described above to characterize near-term water supply conditions (i.e., for the
next 12 months).
3. WATER SHORTAGE RESPONSE
A water shortage response is dependent on the City’s ability to temporarily augment supply and/or reduce
water demand. The City’s water shortage response would combine a variety of elements from outreach to
enforcement, each increasing in intensity as the shortage persists. The City’s demand reduction targets
focus on water use limits and prohibitions that will reduce non-essential use, such as imposition of
restrictions on outdoor irrigation. Implementation of these restrictions is necessary to conserve the City’s
water supply for the greatest public benefit regarding domestic use, sanitation, and fire protection. This
section reviews the general strategies the City will employ to mitigate the impacts of water shortage on the
community.
Voluntary Reduction Measures
All customers may be asked to voluntarily reduce their water usage during a water shortage. The City may
provide water conservation tips and suggestions through various public outreach methods, encourage and
distribute conservation devices such as low flow shower heads and faucet aerators, discourage excessive
outdoor watering, and encourage landscaping with drought tolerant plants. Voluntary reductions measures
are described in more detail in Section 3.
Mandatory Reduction Measures
The City may place mandatory reduction measures on certain uses, such as restricting outdoor watering to
prescribed times and number of days per week beginning in the Warning Stage, with days and times for
landscape watering further limited in later stages. Mandatory reduction measures may limit specific
methods of irrigation (i.e., sprinkler ban).
The seasonal increase in water demand underscores the importance of implementing outdoor irrigation‐
focused reduction programs. An average of approximately 50 percent of residential water use in San Luis
Obispo is for landscape irrigation. Therefore, restrictions on outdoor water use are generally highly effective
in reducing water demand. Many outdoor uses are considered discretionary, or nonessential for health and
safety purposes, are highly visible and relatively easy to monitor, and often are a substantial component of
water demand, particularly during the summer months when drought conditions are often most severe.
Water Use Prohibitions
Water use prohibitions will vary by drought stage, with the fundamental purpose of restricting or prohibiting
non‐essential uses that are not required for basic health and safety. During a declared water shortage,
specific prohibitions would be described in a Water Shortage Ordinance adopted by the City Council. In the
Critical Stage, all non‐essential outdoor water use, except recycled water or grey water, may be prohibited.
The City will adopt regulations at the appropriate water shortage stage to promote water conservation, such
as posting signage at various establishments, offering water audits to maximize water conservation, and
prescribing to customer‐specific water budgets (i.e., water allocations).
Supplemental Water Supply Options
During a declared water shortage emergency, the City may also utilize supplemental water supply options,
or acquire a new supply as warranted by the current situation. This may include utilizing more groundwater
and/or utilizing highly treated wastewater in a potable reuse system. These water supply options may be
less desirable during normal operations due to increased operational costs.
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4. WATER SHORTAGE STAGES
The goals of the WSCP are to extend the City’s available water resources long enough to gain another
winter rainfall period which could serve to add to reservoir storage. Extending available water resources
through water demand reduction provides time for the City to bring on supplemental water supplies to meet
demand. It is the City’s goal to implement water demand reduction programs that will achieve measurable
water savings without requiring customers to make significant lifestyle changes. In the more advanced
water shortage stages lifestyle and habit changes will be necessary.
This section identifies the measures that may be taken at each stage to achieve desired water use reduction
levels. The purpose of establishing water shortage stages is to clearly define the severity of the shortage
and establish appropriate targets for demand reductions. Defining these stages allows the City to respond
to worsening conditions, with each stage “triggering” different actions. The multi‐stage approach provides
different levels of response for a water shortage event ranging from a ten percent supply deficiency up to a
50 percent or greater deficiency.
Table 1 provides a quick reference guide to the WSCP, though City Council may adopt variations of these
Water Shortage Response Actions, independent from the stage resulting from the use of the Water
Projection Model, to strategically address the current water shortage situation. Each stage describes
increasing levels of water demand reduction and water supply augmentation methods. As stated previously,
during an actual water shortage emergency, other measures may be imposed.
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TABLE 1: Water Shortage Response Stages
Quick Reference Guide
STAGE WATER SUPPLY
STATUS1 CITY ACTIONS
Monitor
5+ years of
available water
supply
City maintains existing water conservation staffing levels and budget that
supports meeting internal water efficiency goals and regulatory
requirements for water conservation, including ongoing public outreach.
Watch
< 5 years of
available water
supply
City increases programs that encourage voluntary water conservation
including public outreach, rebate programs, and water efficient fixture
giveaways. City examines available alternative water sources (groundwater
expansion, recycled water filling stations, water purchase agreements, etc.),
City modifies internal operations to focus on decreasing water loss and
prepares for subsequent WSCP stages.
Warning
< 4.5 years of
available water
supply
City implements time of use irrigation restrictions (7:00 PM – 7:00 AM). City
increases staffing, budget, and outreach to achieve additional voluntary
conservation savings while preparing for Alert-Critical stages.
Alert < 4 years
City requires mandatory conservation measures including outdoor irrigation
restrictions (four day a week watering) and considers a Water Offset
Program for new connections.
Severe
< 3.5 years of
available water
supply
City implements Water Allotment Program. Water Offset Program for new
connections may be increased (1.5:1 or 2:1 offset ratio). Allowable irrigation
reduced to three days per week.
Extreme
< 3 years of
available water
supply
City continues to implement a Water Allotment Program with reduced
allotment levels. Water Offset Program for new connections may be
increased (1.5:1 or 2:1 offset ratio). Allowable irrigation reduced to two days
per week with optional additional measures related to turf and spray
irrigation.
Critical
< 2.5 year of
available water
supply
City continues to implement a Water Allotment Program at further reduced
levels (minimum for public health and safety). Irrigation no longer permitted.
Water Offset Program to cease and no new connections permitted.
NOTES:
1. The City’s Water Supply Status is informed by the Water Projection Model described in section 2, Annual Water
Shortage Assessment, of this WSCP.
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Water Shortage Response Stage: MONITOR
San Luis Obispo has made water conservation an integral part of the community’s culture and policy context
for managing its water resources. The community has demonstrated a high commitment to reducing its
water usage during water shortages. Although not a true declaration of a water shortage, the Water
Shortage Contingency Plan’s Monitor Stage remains in place at all times along with voluntary conservation.
This stage is focused on achieving voluntary water savings, as opposed to a mandatory demand reduction
programs. To ensure the City is using water responsibly and remaining in compliance with water efficiency
goals are regulations, the City continually assesses available water supply levels, monitors customer water
demand trends, conducts water loss audits, and evaluates potential supplemental supply projects. The
following are examples of measures that may be taken to maintain water use efficiency goals:
1. Implement public outreach and communication programs (bill stuffers, social media, etc.)
2. Participate in trade shows, home shows, and special community events
3. Offer complimentary water audits
4. Identify and notify customers of possible leaks and inefficient uses of water
5. Encourage the use of drip irrigation and drought tolerant plants
6. Implement school (K-12) education programs related to water conservation
7. Enforce the water efficiency retrofit program (toilet retrofit upon sale program)
Actions at the Monitor Stage would also include active enforcement of the City’s water waste prohibitions,
such as those from Chapter 13.07 of the City’s Municipal Code, which defines water waste as follow (See
also Table 1):
Water Shortage Response Stage: WATCH
When the City’s available water supply would provide less than five years of water, a recommendation
would be made to the City Council that a water shortage be declared. The City Council would be
recommended to adopt a resolution declaring the City enter the Watch Stage and urge the public to reduce
water use by approximately ten percent.
During the “Watch” Stage, the demand management measures utilized during the Monitor Stage above will
increase along with a continued focus on voluntary water use reduction. The City will also increase public
outreach, implement system and operational changes, increase enforcement actions and patrols, and
undertake other administrative actions. These program expansions and changes may include:
City of San Luis Obispo, Municipal Code
13.07.020 – Water runoff prohibited.
A. No person shall cause any water delivered by the city water system to flow away
from property owned, occupied or controlled by such person in any gutter, ditch or
in any other manner over the surface of the ground, so as to constitute water waste
runoff.
B. “Water waste runoff” means water flowing away from property and which is caused
by excessive application(s) of water beyond reasonable or practical flow rates,
water volumes or duration of application. (Ord. 1089 § 1 (part), 1987)
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1. Water Demand Reduction Programs:
A. Accelerate water audit programs for all customer classes
B. Identify largest water users in each sector and contact for complementary water audits
C. Increase water waste patrols
D. Conduct water use surveys
E. Implement rebate programs
F. Consider the use of irrigation limitations
2. Public Outreach Programs:
A. Issue a press release following Watch Stage declaration
B. Include information in quarterly Resource Newsletter
C. Update City website and create a page dedicated to information on details of WSCP Watch Stage
D. Use billing inserts to notify public of current situation and needs
E. Coordinate with regional partners on messaging and outreach
F. Increase outreach at public events such as Farmers Market, SLO Home Show, homeowners
association board meetings, etc.
G. Focus social media platforms on issues consistent with needed demand reductions
3. System and Operational Changes:
A. Reduce water usage for water main flushing and hydrant flushing
B. Reduce distribution system pressure where feasible
C. Increase leak detection, water meter testing, and water meter replacement
D. Require use of non-potable water sources for all street sweeping and hydrocleaning
E. Activate the Drought Taskforce
4. Enforcement Actions:
A. First Violation: Customer notification and education
Customer will be notified by staff of the particular violation observed, and the demand reduction
programs currently in place. The customer will be provided with needed resources to help them
comply with requirements. Examples of notification include: door tags containing educational
information, mailed letter, and/or personal phone call by staff.
B. Second Violation: Issuance of Notice of Violation
Customer will be issued a written notice of violation (NOV), notifying the customer of specific
violation, date and time the violation was observed, and consequences of subsequent violations
C. Subsequent Violations: Customer may be issued a penalty/fine for violation
5. Other Administrative Actions:
A. Begin drafting ordinance revisions and code changes that would go into effect in subsequent water
shortage stages
B. Plan for the funding and implementation of specific conservation programs launched in subsequent
water shortage stages
C. Review potential fiscal impacts of drought (i.e., increased water supply, operational, and capital
costs); and demand reductions (reduced revenue)
D. Identify and plan for the need for additional staff. In planning for additional staff, consideration
should be given to funding, available office space, vehicles, training, and other needed supplies
and support
E. Consider need for drought surcharge to stabilize revenue
F. Consider deferring previously scheduled capital projects as necessary to invest in acquisition of
needed water supply sources and demand reductions
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G. Review available supplemental water supply options, such as increased use of groundwater,
utilization of potable reuse, and implementation of a recycled water filling station
Water Shortage Response Stage: WARNING
When the City’s available water supply would provide less than 4.5 years of water, a recommendation
would be made to the City Council to move to the Warning water shortage stage. The City Council could
be recommended to adopt a resolution declaring the City enter the Warning Stage and urge the public to
reduce water use by an additional 10 percent including mandatory conservation measures.
The water conservation measures described in the Monitor and Watch Stages above may increase during
the Warning Stage, with an increased focus on limiting outdoor water uses. System and operational
changes would remain in place. These increases and additions to programs may include:
1. Water Demand Reduction Programs:
A. Continue implementation of and possible increase of all demand reduction programs listed in Watch
Stage
B. Limit outdoor watering to between the hours of 7:00 p.m. and 7:00 a.m.
C. Require restaurants to only serve water upon request
D. Restrict use of decorative water features and fountains
2. Public Outreach Programs:
A. Continue implementation of and possible increase of all public outreach programs listed in Watch
Stage
B. Issue a press release following Warning Stage declaration
C. Target outreach to customers with large landscapes regarding irrigation restrictions
D. Use of billing inserts, postcards, and direct mail pieces to inform customers of new requirements
and prohibitions
E. Coordinate with local business groups such as the Chamber of Commerce and landscaping
associations to help encourage conservation among commercial customers
F. Coordinate with homeowners associations, property rental agencies, and other local groups to help
encourage conservation among residential customers
3. Enforcement Actions (Same as previous stage)
4. Other Administrative Actions:
A. Continue implementation of and possible increase of all other administrative actions listed in Watch
Stage
B. Begin preparing for the Alert Stage.
5. Optional Implementation of a Water Demand Offset Program:
During the Warning Stage, staff will begin updating the Water Demand Offset Program and messaging
about the program to the development community. The City may consider implementing a water
demand offset program during this stage. Water demand offset programs are designed to require new
development that causes increased water demand to offset such demand through conservation or
acquisition/development of new water supplies. The goal of an offset program is to ensure that new
development does not increase current water demands. It should be noted that offset programs simply
expedite water efficiency measures and thus create water savings in the short term. Depending on the
nature of the offset, long-term savings may not be realized.
At the Warning stage the City may choose to implement a “net neutral” offset program, requiring that
new demands offset usage at a rate of 1:1. Future stages of the WSCP may suggest a more aggressive,
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“net positive” water demand offset program. A “net positive” water demand offset program would require
a positive offset of a project’s water demand. An example of this would be a project required to offset
its water demand at a ratio higher than 1:1, such as 2:1 or 3:1.
There are several types of offset programs in use across California and the United States. Examples
of potential offset programs are listed below.
A. Toilet replacements
B. Smart irrigation controllers
C. Submetering
D. In-lieu fees (fees are used to support new water supply projects)
E. Irrigation system retrofits
F. Waterless urinals
G. Rainwater capture
H. Recycled Water Retrofit Projects
Water Shortage Response Stage: ALERT
When the City’s available water supply would provide less than four years of water, a recommendation
would be made to the City Council to move to the Alert water shortage stage. The City Council could be
recommended to adopt a resolution declaring the City enter the Alert Stage and urge the public to reduce
water use by an additional 10 percent including mandatory conservation measures.
The water conservation measures described in the Stages above may increase during the Alert Stage, with
an increased focus on limiting outdoor water uses. System and operational changes would remain in place.
These increases and additions to programs may include:
1. Water Demand Reduction Programs:
A. Limit outdoor watering to four days a week and only between the hours of 7:00 PM and 7:00 AM.
B. Defer landscape installations for new development or require development to install landscaping
that provides a 50 percent reduction in Maximum Applied Water Allowance (MAWA). This would
not apply to sites irrigated with recycled water.
2. Public Outreach Programs:
A. Continue implementation of and possible increase of all public outreach programs listed in previous
stages
B. Issue a press release following Alert Stage declaration
C. Utilize water use allocation software to identify inefficient water users and make direct contact with
these properties.
3. Enforcement Actions (Same as previous stage)
4. Other Administrative Actions:
A. Continue implementation of and possible increase of all other administrative actions listed in prior
stages
B. Prepare utility billing system and bill format for water allocations and reductions listed in subsequent
stages.
C. Establish appeals committee for customers who exceed allotments in subsequent stages, request
health and safety variances, or receive fines from violating water waste prohibitions
D. Increase utility billing training and support to address additional requirements of future stages
E. Begin preparing for Severe Stage
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Implementation of a Water Demand Offset Program:
At the Alert stage the City may choose to implement a “net neutral” offset program or increase a
previously approved program to a “net positive” program (ex: 1.5:1 or 2:1 offset ratio). Future stages of
the WSCP may suggest a more aggressive, “net positive” water demand offset program.
Water Shortage Response Stage: SEVERE
When the City’s available water supply would provide less than 3.5 years of water, a recommendation
would be made to the City Council to move to the Severe water shortage stage. The City Council would be
recommended to adopt a resolution declaring the City enter the Severe Stage and urge the public to reduce
water use by an additional approximately 10 percent.
At this water shortage response stage, the City would continue implementation of demand reduction
measures, public outreach, and other responses and programs described in prior stages. System and
operational changes would remain in place. At the Severe Stage, a water offset program may increase to
a “net positive” program, such as 1.5:1 or 2:1 ratio.
Previous Water Demand Reduction Programs should be increased to include:
• Limit outdoor watering to three days a week and only between the hours of 7:00 PM and 7:00 AM.
During the Severe, Extreme, and Critical stages of the WSCP the City may adopt a Water Allotment
Program, restricting the water use on an account-by-account basis. The following allotment method may
be used:
Customer Classification Severe Stage Allotment
Single Family Residential and
Multi-family Residential
A per capita allotment allowing for indoor
use and a minimal outdoor irrigation budget.
Verification of persons per household may
be requested
Commercial and Institutional Baseline allocation or allocation based on
percent reduction from normal usage
Landscape Meters Allocation based on percent reduction from
normal usage;
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Water Shortage Response Stage: EXTREME
When the City’s available water supply would provide less than three years of water, a recommendation
would be made to the City Council to move to the Extreme water shortage stage. The City Council would
be recommended to adopt a resolution declaring the City enter the Extreme Stage and urge the public to
reduce water use by an additional 10 percent.
At this water shortage response stage, the City would continue implementation of demand reduction
measures, public outreach, and other responses and programs described in prior stages. System and
operational changes would remain in place. At the Severe Stage, a water offset program may increase to
a “net positive” program, such as 1.5:1 or 2:1 ratio.
Previous Water Demand Reduction Programs should be increased to include:
• Limit outdoor watering to two days a week and only between the hours of 7:00 PM and 7:00 AM.
• Optional implementation of additional restrictions on turf and/or spray irrigation.
Customer Classification Extreme Stage Allotment
Single Family Residential and
Multi-family Residential
A per capita allotment allowing for indoor
use and a reduced outdoor irrigation budget
versus the Severe stage. Verification of
persons per household may be requested
Commercial and Institutional
Reduced baseline allocation or allocation
based on percent reduction from normal
usage
Landscape Meters Reduced allocation based on percent
reduction from normal usage;
At this stage, due to the limited water supplies that remain, the City could consider removal of the “courtesy
notification”.
Water Shortage Response Stage: CRITICAL
When the City’s available water supply would provide less than 2.5 years of water, a recommendation
would be made to the City Council to move to the Critical water shortage stage. The City Council would be
recommended to adopt a resolution declaring the City enter the Critical Stage and urge the public to reduce
water use by an additional approximately 10 percent.
At this water shortage response stage, the City would continue implementation of demand reduction
measures, public outreach, and other responses and programs described in prior stages. System and
operational changes would remain in place. At the Severe Stage, a water offset program may increase to
a “net positive” program, such as 1.5:1 or 2:1 ratio.
Previous Water Demand Reduction Programs should be increased to include:
• Cessation irrigation for all customers, minus specific exemptions.
Customer Classification Critical Stage Allotment
Single Family Residential and
Multi-family Residential
A per capita allotment allowing for indoor
water use. Irrigation not permitted.
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Verification of persons per household may
be requested
Commercial and Institutional
Reduced baseline allocation or allocation
based on percent reduction from normal
usage. Irrigation not permitted.
Landscape Meters Not Permitted
At this stage, due to the limited water supplies that remain, the City would consider the cessation of new
connections to the City’s water system.
5. WSCP EXEMPTIONS AND APPEALS
As the community was impacted by the 2011-2015 drought and irrigation restrictions were put into place,
community members advocated for certain exemptions related to water use restrictions. The following
series of exemptions will help ensure the health and well-being of the community while not making a
substantial impact on available water supplies.
Sites using Recycled Water for Irrigation
Sites utilizing recycled water are exempt from irrigation restrictions due to their reliance on recycled water
in place of potable water. These sites include major City parks, such as Damon Garcia Park, French Park,
Islay Park, Laguna Lake Park, Laguna Hills Park, De Vaul Park, the Laguna Lake Golf Course, and Laguna
Middle School, as well as many multifamily and commercial properties.
Irrigation Exceptions at Specific Facilities
During the recent drought City staff and community members provided feedback that City parks with
inadequate irrigation allotments could lead to hazardous conditions at recreation and play environments.
To address these concerns, and to provide communal spaces for recreation during times when many
homes allowed landscapes to die, in 2016 the City Council approved an amendment to Chapter 13.07.030
of the Municipal Code, allowing for daily irrigation at designated City facilities during turf renovation, and
three times per week thereafter. This exemption is recommended to be expanded to include schools within
the City’s boundaries as they are used for recreation in a similar manner to City parks. This exemption
would only go into place in stages of the WSCP requiring irrigation restrictions.
Irrigation of Trees
During the 2011-2015 drought, the City heard from many residents who opted to cease irrigation of their
trees in order to reduce their water demand. Unlike turf, shrubs, and other groundcover, trees take a great
amount of time to grow and provide substantial ecological, environmental, practical, and economic value to
the community. An exemption to irrigation restrictions allowing for the use of a hose and shutoff nozzle to
hand water trees will allow the community to preserve this precious multi-benefit resource.
Hospitals, Healthcare Facilities, and other Specific Business Types
Hospitals, healthcare facilities, and other businesses requiring water for the health and safety of at-risk
people may apply for an exemption on a case by case-basis. This exemption may be granted at the
discretion of the Utilities Director or his/her/their designee.
Appeals
Appeals related to water use restrictions within the WSCP and associated penalties may be appealed to
the Utilities Director or his/her/their designee.
6. REVENUE AND EXPENDITURE IMPACTS
During a water shortage, revenues from water sales can be reduced but the City’s operations and
maintenance costs would not reduce accordingly. In fact, during these periods, the City’s operations
budgets can increase due to the implementation of water demand reduction measures, public outreach,
enforcement, groundwater exploration, water quality concerns, and other actions taken by the City during
the crisis. The reduction in revenues resulting from decreased water use may result in the need to raise
water rates during that period.
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Under the City’s water rate structure, bills are based predominately on customer usage and resulting
demand on the water system.
To minimize the need to raise rates during water shortages, the City has a policy that requires a minimum
reserve of twenty percent of the Water Fund’s operating budget.
City staff provides ongoing tracking of revenues and evaluates the potential impacts associated with
changes in water demand assumptions used in the Water Fund Analysis. The City Council considers the
water rates necessary to provide water service to the community on an annual basis and approves water
rate changes as needed.
In addition to securing water supplies, Water Fund revenue supports ongoing maintenance and operating
programs needed to ensure that the water treatment and delivery systems meet all federal and state water
treatment regulations and are operated and maintained to provide safe and reliable service.
7. MONITORING, REPORTING, AND REFINEMENT PROCEDURES
The City reads water meters monthly to ensure water consumption data is collected for tracking, analysis,
and to meet state reporting requirements. Monitoring and reporting key water use metrics is fundamental
to water supply planning and management. Monitoring is also essential to ensure that the response actions
are achieving their intended water use reduction purposes, or if new actions need to be considered.
Compliance tracking is also necessary for an effective enforcement program.
To evaluate the functionality of the WSCP and ensure strategies are effective, staff will monitor community
response to water demand reduction measures, public outreach, enforcement, and other administrative
actions at each water shortage response stage. This will include review of monthly water consumption data
for each customer class and monitoring associated fiscal and expenditure impacts. Staff will make
recommendations on program refinements to the City Council with water shortage stage progression.
8. CATASTROPHIC WATER SUPPLY INTERRUPTION
The City has an Emergency Response Plan to cover a variety of potential disasters including earthquakes,
floods, wildland fires, etc. The Plan identifies resources available to the City from other agencies or private
companies in the area. Additionally, the City of Morro Bay and the Whale Rock Commission (of which the
City of San Luis Obispo is a member) executed an agreement in June of 2000 which provides for Mutual
Aid between the agencies during disruption of water deliveries or lack of available water supplies. The
agreement provides a general framework for exchanging water between agencies in the event of
emergencies or other water disruptions. The agreement is voluntary based on each agency’s ability to
assist at any point in the future.
In relation to providing water service, the City would utilize electrical portable generators to minimize water
disruptions during an extended power outage. These generators are available to the City at any time.
The City is a member of the Water Agency Response Network (WARN). WARN is a statewide organization
of water agencies and companies that have entered into a mutual aid agreement to assist other water
agencies during emergencies or other water related situations. The agreement provides the framework for
providing assistance and provides a key contact to initiate a multiple agency response to a water emergency
situation.
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