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Home My WebLink About03/05/1996, 4B - CITY CHARTER AMENDMENT RELATIVE TO THE USE OF THE RELIABILITY RESERVE �IIIII^�IA�I,nll MEETING DATE: IIIII�I�� II UI city of san tins oBIsP O March 5, 9996 COUNCIL AGENDA REPORT ITEM NUMBER: l�rj FROM: John Moss /u, Prepared By: Gary W. Henderson 4 Utilities Mector Water Division Manager SUBJECT: City Charter Amendment Relative to the Use of the Reliability Reserve CAO RECOMMENDATION: Adopt Resolution submitting to the voters at the General Municipal Election to be held on Tuesday, November 5, 1996, a proposed Charter amendment which would add Section 909 to Article IX relative to the use of the water supply "reliability reserve". DISCUSSION: Background The City Council adopted the Urban Water Management Plan (U.W.M.P.) on November 15, 1994. The Council also adopted the policies contained within Chapter 2 of the U.W.M.P. as the Water Management Element (W.M.E.) of the General Plan. The W.M.E. policy 4.1 established the need to develop additional water to protect the City from future unpredictable shortages of water supplies. This additional water need was identified as a "reliability reserve" for the City. Following adoption of the U.W.M.P., Council directed staff to prepare a ballot measure amending the City Charter to include a new section on protection of the City's water reliability reserve. Policy 4.1 established the need for the reliability reserve as restated below: i I "In seeldng and accounting for new water supplies, the City will strive for a "reliability reserve" of 2,000 acre-feet safe annual yield (about 20 percent of projected future water demand at full build-out)." The concept of "reliability reserve:" for long range water planning was presented to the City Council in 1990. At that time, the City was in the midst of an extreme drought and was considering building a desalination plant to meet projected short term water supply deficits. This reserve is intended to maintain adequate City water supplies 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. During Council deliberations, there was concern that future City Councils could modify the use of the water developed as a reserve and allow additional development. Based on these concerns, Council directed staff to prepare a ballot measure to ask the City voters whether the Charter should be amended to include a new section on protection of the reliability reserve. 01/434 r �u�u�►i�iIIII��P��1 city of San IU,S OBISPO COUNCIL AGENDA REPORT Reliability Reserve Charter Amendment Page 2 Staff has prepared the attached resolution for Council approval. The specific wording to be included in the City Charter is shown below: 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 por on 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. CONCURRENCES The Community Development Department and City Attorney concur with the recommended amendment to the City Charter. FISCAL D4PACT After consultation with Kim Condon, Assistant City Clerk, it is estimated that placing this ballot measure on the November election will cost between $1,500 and $2,000 (primarily for printing costs). The cost may vary depending on the number of arguments or rebuttals. ALTERNATIVES The Council could choose not to adopt the proposed amendment to the City Charter. The policy would remain in the Water Management Element to the General Plan which could be revised by future Councils through the public hearing process. Attachment: 1. Resolution for Proposed Charter Amendment Relative to the Reliability Reserve �B"o2 RESOLUTION NO. (1996 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUBMITTING TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 1996, A PROPOSED CHARTER AMENDMENT WHICH WOULD ADD SECTION 909 TO ARTICLE IX RELATIVE TO THE USE OF THE WATER SUPPLY "RELIABILITY RESERVE" WHEREAS, the City Council adopted the concept of a "reliability reserve" which is intended to maintain adequate City water supplies for City residents during unpredictable changes such as a new worst case drought, loss of one of the City's water sources, contamination of a water source, or failure of a new water source to provide projected yield; and WHEREAS, the City Council amended the Water and Wastewater Element of the General Plan on March 3, 1993 (Resolution No. 8135) which established the objective of acquiring an additional 2,000 acre-feet of water as a reliability reserve; and WHEREAS, the City Council adopted the Urban Water Management Plan on November 15, 1994 which established the objective of acquiring an additional 2,000 acre-feet of water as a reliability reserve; and WHEREAS, the City Council upon adoption of the Urban Water Management Plan directed staff to place a ballot measure on the November 1996 election to amend the City Charter to include a policy relative to the use of the reliability reserve. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: 1. A proposed Charter amendment is hereby ordered to be submitted to the voters at the General-Municipal Election to be held on Tuesday, November 5, 1996, for the purpose of voting upon a proposed Charter amendment as hereinafter set forth. 2. The proposed Charter amendment would add a policy relative to the allowed use of the reliability reserve. 3. Said proposed Charter amendment amends Charter Article IX, adding "Section 909. Use of Reliability Reserve", to read as follows: 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. d�B -3 4. The ballot format for the proposal to amend Article IX, adding "Section 909. Use of Reliability Reserve" shall be substantially as follows: CIS Y MEASURE;I Shall City Charter Article IX be YES amended to add: °Section 909 :Use of Reliability Reserve"? NO 5. The proposed Charter amendment shall pass only if a majority of the votes cast by voters for the Charter amendment are "YES" votes. 6. The City Clerk shall certify to the passage and adoption of this resolution and shall publish and circulate the Resolution in.accordance with the requirements of the California Elections Code. 7. This Resolution shall take effect upon its adoption. Upon motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was adopted this day of , 1996. Mayor Allen Settle ATTEST: City Clerk Approved: City Administrative Officer i tto ey �8"Jil