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Home My WebLink About09-02-2014 C5 Ordinance Adoption of MC 13.07City of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number FROM: Carrie Mattingly, Utilities Director Prepared By: Ron Munds, Utilities Services Manager SUBJECT: ADOPTION OF AN ORDINANCE AMENDING CHAPTER 13.07 OF THE MUNICIPAL CODE RELATING TO WATER CONSERVATION RECOMMENDATION Adopt Ordinance No. 1607 (2014 Series) which amends Chapter 13.07 of the City’s Municipal Code regarding water conservation regulations. DISCUSSION On August 19, 2014, the City Council voted 4 to 1 to introduce Ordinance No. 1607 (2014 Series). Ordinance No. 1607 amends the City’s water conservation regulations by including the mandatory outdoor watering restrictions mandated by the California State Water Resources Control Board. Specifically, Ordinance No. 1607 limits the use of potable water for outdoor irrigation of ornamental landscape and turf to 3 days a week in accordance with the following schedule: Even numbered addresses: Sunday, Tuesdays and Thursdays Odd numbered addresses: Monday, Wednesdays and Fridays The water conservation regulations established by Ordinance No. 1607 do not apply to the use of recycled water and also allows the Utilities Director to grant exceptions for recently installed ornamental landscape or turf for the time it takes to establish the new plant material, new landscapes which act as erosion control, new residential or commercial landscapes required as condition of a City planning approval, or for the operational needs of an institutional customer (i.e. a school). The new Ordinance will become effective on October 2, 2014, 30 days after its adoption. ALTERNATIVES The Council could choose not to adopt the ordinance. The existing Chapter 13.07 of the Municipal Code will remain unchanged which means the California State Water Resources Control Board’s mandatory outdoor watering restrictions would not be implemented. ATTACHMENTS Ordinance No. 1607 (2014 Series) T:\Council Agenda Reports\2014\2014-09-02\2nd Reading of MC 13.07 (Mattingly-Munds) Sept. 2, 2014 C5 C5 - 1 Attachment 1 O _____ ORDINANCE NO. 1607 (2014 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO ADOPTING TEMPORARY MANDATORY RESTRICTIONS ON OUTDOOR IRRIGATION OF ORNAMENTAL LANDSCAPES OR TURF WITH POTABLE WATER WHEREAS, on January 17, 2014, Governor Edmund G. Brown issued the governor’s Proclamation No. 1-17-2014 declaring a State of Emergency to exist in California due to severe drought conditions; WHEREAS, on April 26, 2014, the Governor issued an executive order to strengthen the state’s ability to manage water and habitat effectively in drought conditions and called on all Californians to redouble their efforts to conserve water; WHEREAS, Water Code section 1058.5 grants the State Water Resources Control Board the authority to adopt emergency regulations in certain drought years in order to: “prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling or water conservation, to require curtailment of diversions when water is not available under the diverter’s priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the preparation of monitoring reports”; WHEREAS, on July 15, 2014 the State Water Resources Control Board adopted California Code of Regulations, title 23, sections 863, 864 and 865 (the “Emergency Regulations”), which requires, among other things, that urban water suppliers implement all requirements and actions of the stage of its water shortage contingency plan that imposes mandatory restrictions on outdoor irrigation of ornamental landscapes or turf with potable water; WHEREAS, the Emergency Regulations are scheduled to remain in effect for 270 days after filing with the Secretary of State unless the State Water Resources Control Board determines that such emergency regulations are no longer necessary due to changed conditions, or unless the State Water Board renews the regulations due to continued drought conditions; WHEREAS, as an urban water supplier, as that term is defined in Water Code Section 10617, the City of San Luis Obispo (“City”) is subject to California Code of Regulations, title 23, section 865; WHEREAS, the City has an approved Urban Water Management Plan which includes a Water Shortage Contingency Plan to address specified water shortage conditions; WHEREAS, due to prudent water planning over the years and the City’s water conservation efforts, the City is not currently facing a water supply shortage condition; and WHEREAS, in order to comply with the Emergency Regulations and avoid potential enforcement action, by this Ordinance, the City intends on implementing all requirements and actions within its Water Shortage Contingency Plan restricting the use of potable water for the outdoor irrigation of ornamental landscapes or turf. C5 - 2 Ordinance No. 1607 (2014 Series) Page 2 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The project is categorically exempt from environmental review pursuant to CEQA Guidelines Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources). SECTION 2. Findings. Based upon all of the evidence, the Council makes the following findings: 1. That due to the community of San Luis Obispo’s efforts over the years to conserve water, per capita water consumption has decreased by 21% since 1997. 2. That notwithstanding Governor Brown’s declaration of a State of Emergency due to California’s severe drought conditions, the City is not facing a water shortage condition. 3. That in recognition of the severe drought affecting the State of California, by this ordinance, the City intends to set forth certain restrictions on the outdoor irrigation of ornamental landscape and turf with potable water. 4. That the limitations on outdoor irrigation set forth in Section 3 below, will achieve the reductions in water consumption as required by the Emergency Regulations. SECTION 3. Section 13.070.030 (Council water conservation powers) of the City of San Luis Obispo’s Municipal Code is hereby amended as follows: 13.07.030 Council water conservation powers. A. When deemed necessary in the judgment of the city council to conserve water during critical water periods, the city council may by resolution declare an emergency condition and do any or all of the following which in its judgment is deemed advisable after publication of notice thereof in a newspaper of general circulation distributed in the city or after reasonable notice thereof is otherwise given by the city to users: 1. Limit irrigation within the city water service area to specified hours, or prohibit irrigation entirely within the service area or any portion or portions thereof; 2. Limit all customers inside the city water service area to specified maximum usages of water for each category of users; 3. Implement other water conservation measures as deemed appropriate. B. In order to comply with any mandatory actions required by the State Water Board or any other agency having jurisdiction over the waters of the State, the City Council may by C5 - 3 Ordinance No. 1607 (2014 Series) Page 3 resolution limit outdoor irrigation of ornamental landscapes or turf with potable water to three days a week in accordance with the following schedule: THREE-DAY A WEEK SCHEDULE Even numbered addresses: Sunday, Tuesdays and Thursdays Odd numbered addresses: Monday, Wednesdays and Fridays Nothing in this Section 13.07.030.B shall limit the use of non-potable water (i.e. recycled or gray water systems) for outdoor irrigation of ornamental landscape or turf. Upon written request by a property owner, the Director of Utilities may grant exceptions to these restrictions for recently installed ornamental landscape or turf for the time it takes to establish the new plant material, new landscapes which act as erosion control, for new residential or commercial landscapes required as condition of a City planning approval, or for the operational needs of an institutional customer. SECTION 4. 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 Tribune, 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 ____________ 20__, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the ____ day of 20__, on the following roll call vote: AYES: NOES: ABSENT: Mayor Jan Marx ATTEST: Anthony Mejia City Clerk APPROVED AS TO FORM: J. Christine Dietrick City Attorney C5 - 4