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HomeMy WebLinkAboutPH3 Revisions to MC13.07 Water Conservation Municipal Code UpdateCity of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number FROM: Carrie Mattingly, Utilities Director Prepared By: Ron Munds, Utilities Services Manager SUBJECT: REVISIONS TO CHAPTER 13.07 REGARDING WATER CONSERVATION RECOMMENDATION 1. Introduce an ordinance amending Chapter 13.07 of the City’s Municipal Code to include the implementation of mandatory restrictions on outdoor irrigation of ornamental landscapes or turf using potable water. 2. Authorize the transfer of $30,000 from Water fund working capital to fund an educational and public outreach plan related to the City’s emergency drought regulations. DISCUSSION Background The City of San Luis Obispo is in a good position regarding its water supply. Through strong conservation efforts, the San Luis Obispo community has reduced its annual average per capita water use from over 180 gallons in 1987 to 105 gallons in 2013. The City has already met (and exceeded) the State mandate to reduce water use by 20 percent by the year 2020. The City’s water supply comes from three reservoirs in three distinct watersheds in San Luis Obispo County. The City does not use any State water and uses so little groundwater, that it does not include groundwater in calculating its water supply. The City delivers recycled water for irrigation in the southern part of town. The City has a strong policy in place that sets aside a portion of its water supply prohibiting its use for development, in order to protect the existing community during drought or any other water supply emergency conditions. The City’s most recent water supply projection model (July 2014) includes the assumption of continuing drought conditions. This projection shows that about seven years of water is currently available to serve the community with the last three of those years being a period where mandatory conservation actions would occur. State of California Emergency Drought Regulations On July 15, 2014, the California State Water Resources Control Board (“State Water Board”) adopted emergency drought regulations (the “Emergency Regulations”; Attachment 1) that must be implemented by all urban water suppliers who have over 3,000 water connections regardless of that community’s water supply situation. Water purveyors who do not implement the mandatory requirements face up to $10,000 per day in fines and other penalties. The Emergency Regulations are in effect for 270 days but can be rescinded, extended or amended based on drought conditions. August 19, 2014 PH3 PH3 - 1 Emergency Drought Regulations Page 2 Section 865(b)(1) of the Emergency Regulations require each water purveyor to implement restrictions on outdoor irrigation as set forth in the agency’s water shortage contingency plan. Specifically, Section 856 (b)(1) states as follows: To promote water conservation, each urban water supplier shall 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. Outdoor watering restrictions have never been part of the City’s water conservation policies, even during the water rationing period between 1989 and 1992. Over the years, the City has provided comprehensive education and outreach programs, technical assistance and incentives to reduce water use citywide. During the last declared water supply emergency between 1989 and 1992, customers were given a water allocation and if exceeded, significant penalties were imposed. As the water allocations decreased based on the severity level of the drought and diminishing water supply, customers were able to make decisions based on their individual circumstances on how best to use the water allocated to them. This manner of water conservation has proved to be effective. In addition, the City has policies prohibiting the wasteful use of potable water (i.e. washing down sidewalks, driveways, etc.). Notwithstanding the City’s good position regarding its water supply, the Emergency Regulations specifically mandate that the City implement mandatory outdoor water restrictions and water waste prohibitions or face fines up to $10,000 a day and access to state grants and loans for any project financing the City may wish to pursue through state funding. Accordingly, staff is recommending that the City Council adopt an Ordinance limiting the outdoor irrigation of ornamental landscape and turf with potable water to three days a week, and allocate funding for education and public outreach efforts. Proposed Outdoor Irrigation Watering Restrictions In order to comply with the Emergency Regulations, it is recommended the City Council limit the outdoor irrigation of ornamental landscape and turf to no more than three-days pursuant to the following schedule: THREE-DAY A WEEK SCHEDULE Even numbered addresses: Sunday, Tuesdays and Thursdays Odd numbered addresses: Monday, Wednesdays and Fridays Institutional customers such as the school district, City parks and Caltrans will be limited to three- day a week watering but will be able to select the three days based on operational needs and/or the activities scheduled for these types of facilities. Institutional customers will be required to submit to the Utilities Department the three days they have selected for each facility if different from the assigned day based on address. PH3 - 2 Emergency Drought Regulations Page 3 Exceptions may be made by the Utilities Director for: • Recently installed landscapes during the time it takes to establish the new plant material. • New landscapes which act as erosion control. • New residential or commercial landscapes installed as condition of a City planning or building approval for the time it takes to establish the new plant material. It is important to note that the restrictions do not apply to customers who irrigate with non-potable water (i.e. recycled water or gray water systems). Water Waste Prohibitions In addition to the outdoor irrigation restrictions, the City’s Municipal Code has the following prohibitions in place which will be proactively enforced: 1. Water waste runoff caused by excessive application(s) of water beyond reasonable or practical flow rates, water volumes or duration of application. 2. Water from fire hydrants shall not be used for any purpose other than to fight fires or for other activities where such use is immediately necessary to maintain the health, safety and welfare of the residents of San Luis Obispo. 3. Restaurants may not serve water to their customers except on specific request. 4. Potable city water shall not be used for major construction activities, such as grading and dust control, and shall not be used to wash down sidewalks, driveways, or parking areas except to alleviate immediate fire or sanitation hazards. Enforcement of the Regulations The Utilities Department’s Utilities Services section will be primarily responsible for enforcing the outdoor irrigation restrictions and water waste prohibitions. A drought team with representatives from each department (with the exception of Human Resources) has been formed in order to facilitate the dissemination of educational and public outreach information and to coordinate the reporting of violations of water related restrictions and prohibitions. The City’s Administrative Citation procedure will be used to enforce the City’s water conservation regulations which include warnings prior to issuance of a citation. The public will be able to report water waste issues either by telephone (a hotline number has been established) or via an online form. Both options will be promoted as part of the public outreach efforts. Public Outreach Plan In order to inform the community of the new regulations and stepped up enforcement of the water conservation regulations, the following public outreach plan has been developed. The plan includes the following elements: 1. Consistent communication with the local media; 2. Stepped up use of social media tools like Facebook; 3. Online Information via the City’s website; 4. Billing inserts; 5. Direct mail information; 6. Use of existing outreach elements like the Resource newsletter; PH3 - 3 Emergency Drought Regulations Page 4 7. Printed information for use at Farmers’ Market and other events; 8. Selected use of print advertising; and 9. Speaking Engagements. The plan will be adjusted to address changing weather conditions (rain or no rain), seasonal adjustment in weather and possible changes in state regulations. FISCAL IMPACT The public outreach component is estimated to cost $30,000 with contingencies. The contingencies will cover any printing or other unanticipated expenses which may occur as the program moves forward. Existing staffing resources will be used to provide logistical support and enforcement of the mandated regulations. There is currently no state funding available to offset the costs to implement the regulations. Staff recommends the use of Water Fund working capital for the purpose of supporting this outreach effort through promotion and public relations as this was not anticipated in the 2014-15 budget. The Utilities Department will monitor financial impacts to the Water Fund due to the State mandated restrictions and recommend use of the Rate Stabilization Fund if necessary. ALTERNATIVES 1. The City Council could choose to modify the outdoor watering restrictions by lowering the number of days water customers can irrigate. The Emergency Regulations suggest two days a week restrictions (for agencies without a water shortage contingency plan) but given the City’s current water supply situation and the fact the community has already reduced its water use significantly, staff believes this would place undue hardship on the community and possibly result in the loss of some landscape. 2. The City Council could choose to modify the outdoor watering restrictions by increasing the number of days water customers can irrigate because the City is not currently experiencing a water supply emergency. Increasing the number of irrigation days could be interpreted by the State Water Board that the City is conducting “business as usual” which could result in enforcement action. 3. The City Council could choose to add water waste prohibitions to the current list in the Municipal Code. Though there may be other prohibitions that could be added, the current list was in place and used during the last drought emergency and proved to be effective in reducing water waste. Additionally, the community has already significantly reduced its water use indicating that additional prohibitions are not necessary at this time. ATTACHMENTS 1. Attachment 1 – Emergency Drought Regulations - SWRCB 2. Attachment 2 – Drought Emergency Ordinance T:\Council Agenda Reports\2014\2014-08-19\Revisions to MC13.07 Water Conservation Municipal Code Update (Mattingly- Munds) PH3 - 4 STATE WATER RESOURCES CONTROL BOARD RESOLUTION NO. 2014-0038 TO ADOPT AN EMERGENCY REGULATION FOR STATEWIDE URBAN WATER CONSERVATION WHEREAS: 1.On April 25, 2014, Governor Edmund G. Brown Jr. 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. The executive order finds that the continuous severe drought conditions present urgent challenges across the state including water shortages in communities and for agricultural production, increased wildfires, degraded habitat for fish and wildlife, threat of saltwater contamination, and additional water scarcity if drought conditions continue into 2015. The National Integrated Drought Information System reported that nearly 80% of the state was reported to be under "extreme" drought conditions at the end of June; 2.The executive order refers to the Governor’s Proclamation No. 1-17-2014, issued on January 17, 2014, declaring a State of Emergency to exist in California due to severe drought conditions. The January Proclamation notes that the state is experiencing record dry conditions, with 2014 projected to become the driest year on record. Since January, state water officials indicate that reservoirs, rainfall totals and the snowpack remain critically low. This follows two other dry or below average years, leaving reservoir storage at alarmingly low levels. The January Proclamation highlights the State’s dry conditions, lack of precipitation and the resulting effects on drinking water supplies, the cultivation of crops, and the survival of animals and plants that rely on California’s rivers and streams. The January Proclamation also calls on all Californians to reduce their water usage by 20 percent; 3.There is no guarantee that winter precipitation will alleviate the drought conditions that the executive orders address, which will lead to even more severe impacts across the state if the drought wears on; 4.Water Code section 1058.5 grants the State Water 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”; 5.Over 400,000 acres of farmland are expected to be fallowed, thousands of people may be out of work, communities risk running out of drinking water, and fish and wildlife will suffer. Attachment 1 PH3 - 5 2 6. Many Californians have taken bold steps over the years and in this year to reduce water use; nevertheless, the dire nature of the current drought requires additional conservation actions from residents and businesses. Some severely affected communities have implemented water rationing, limiting water use in some cases to only 50 gallons per person per day, foregoing showers, laundry, toilet flushing, and all outdoor watering. 7. Water conservation is the easiest, most efficient and most cost effective way to quickly reduce water demand and extend supplies into the next year, providing flexibility for all California communities. Water saved this summer is water available next year, giving water suppliers the flexibility to manage their systems efficiently. The more water that is conserved now, the less likely it is that a community will experience such dire circumstances that water rationing is required ; 8. Most Californians use more water outdoors than indoors. In many areas, 50 percent or more of daily water use is for lawns and outdoor landscaping. Outdoor water use is generally discretionary, and many irrigated landscapes would not suffer greatly from receiving a decreased amount of water; 9. Public information and awareness is critical to achieving conservation goals and the Save Our Water campaign, run jointly by the Department of Water Resources (DWR) and the Association of California Water Agencies, is an excellent resource for conservation information and messaging that is integral to effective drought response (http://saveourwater.com). 10. Enforcement against water waste is a key tool in conservation programs. When conservation becomes a social norm in a community, the need for enforcement is reduced or eliminated; 11. The emergency regulations set a minimum standard requiring only modest lifestyle changes across the state. Many communities are already doing more and have been for years. They should be commended, but can and should do more. Others are not yet doing so and should at least do this, but should do much more given the severity of the drought; 12. On July 8, 2014, the State Water Board issued public notice that the State Water Board would consider the adoption of the regulation at the Board’s regularly-scheduled July 15, 2014 public meeting, in accordance with applicable State laws and regulations. The State Water Board also distributed for public review and comment a Finding of Emergency that complies with State laws and regulations; 13. On April 25, 2014, the Governor suspended the California Environmental Quality Act’s application to the State Water Board’s adoption of emergency regulations pursuant to Water Code section 1058.5 to prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion of water, to promote water recycling or water conservation; 14. As discussed above, the State Water Board is adopting the emergency regulation because of emergency drought conditions, the need for prompt action, and current limitations in the existing enforcement process; PH3 - 6 3 15. Disadvantaged communities may require assistance in increasing water conservation and state agencies should look for opportunities to provide assistance in promoting water conservation; 16. Nothing in the regulations or in the enforcement provisions of the regulations, preclude a local agency from exercising its authority to adopt more stringent conservation measures. Moreover, the Water Code does not impose a mandatory penalty for violations of the regulations adopted by this resolution and local agencies retain their enforcement discretion in enforcing the regulations, to the extent authorized, and may develop their own progressive enforcement practices to encourage conservation. THEREFORE BE IT RESOLVED THAT: 1. The State Water Board adopts California Code of Regulations, title 23, sections 863, 864, and 865, as appended to this resolution as an emergency regulation; 2. The State Water Board staff will submit the regulation to the Office of Administrative Law (OAL) for final approval; 3. If, during the approval process, State Water Board staff, the State Water Board, or OAL determines that minor corrections to the language of the regulation or supporting documentation are needed for clarity or consistency, the State Water Board Executive Director or designee may make such changes; 4. These regulations shall remain in effect for 270 days after filing with the Secretary of State unless the State Water Board determines that it is no longer necessary due to changed conditions, or unless the State Water Board renews the regulations due to continued drought conditions as described in Water Code section 1058.5; 5. The State Water Board directs staff to provide the Board with monthly updates on the implementation of the emergency regulations and their effect; 6. Directs State Water Board staff to condition funding upon compliance with the emergency regulations, to the extent feasible; 7. Directs State Water Board staff to work with the Department of Water Resources and the Save Our Water campaign to disseminate information regarding the emergency regulations; and 8. Directs State Water Board staff in developing an electronic reporting portal to include data fields so that local agencies may provide monthly reporting data on (i) conservation- related implementation measures or enforcement actions taken by the local agency and (ii) substitution during the drought of potable water with recycled water to extend water supplies. PH3 - 7 4 THEREFORE BE IT FURTHER RESOLVED THAT: 9. The State Water Board commends water suppliers that have increased conservation messaging and adopted innovative strategies to enhance customer awareness of water use, such as applications that let customers compare their water use to water use by others; reduce system losses, such as fixing system leaks which can deplete supplies by 10 percent or more; and establish incentives to reduce demand, such as tiered or drought rate structures. The State Water Board also commends all Californians that have already been working to maximize their conservation efforts, both at home and at work; 10. The State Water Board calls upon water suppliers to take the following actions: Educate customers and employees  Retail water suppliers should provide notice of the regulations in English and Spanish in one or more of the following ways: newspaper advertisements, bill inserts, website homepage, social media, notices in public libraries;  Wholesale suppliers should include reference to the regulations in their customer communications;  All water suppliers should train personnel on the regulations;  All water suppliers should provide signage where recycled or reclaimed water is being used for activities that the emergency regulations prohibit with the use of potable water, such as operation of fountains and other water features;  All water suppliers should redouble their efforts to disseminate information regarding opportunities and incentives to upgrade indoor fixtures and appliances;  All water suppliers should use education and the tools available through the Save Our Water website (http://saveourwater.com); and  All water suppliers should educate and prepare their boards and councils on the drought response actions contained in the emergency regulations and in this resolution, and to make sure that drought response items are placed on agendas as early as possible; Increasing local supplies  All water suppliers should accelerate the completion of projects that will conserve potable water by making use of non-potable supplies, such as recycled water, “greywater,” and stormwater collection projects;  All water suppliers should improve their leak reporting and response programs and request that police and fire departments and other local government personnel report leaks and water waste that they encounter during their routine duties/patrols;  Smaller water suppliers – those with fewer than 3,000 service connections – should take proactive steps to secure their communities’ water supplies and educate their customers about water conservation and the status of their supply reserves;  All water suppliers should conduct water loss audits and make leak detection and repair a top priority for the duration of the drought; and  All urban water suppliers should evaluate their rate structures and begin to implement needed changes as part of planning for another dry year. Information and assistance on setting and implementing drought rates is available from the Alliance for Water Efficiency. (http://www.allianceforwaterefficiency.org/). PH3 - 8 5 11. The State Water Board calls on all Californians to take the following additional actions:  Further reduce water demand, whether by using less water in daily routines indoors and out, retrofitting appliances and installing greywater and rainwater catchment systems; and  Check residential and business water bills to see if there are high charges that may indicate a leak and to fix the leak, if they are able, or contact their local water utility if they need assistance. 12. The State Water Board encourages its staff, the Department of Water Resources, the Public Utilities Commission, urban water suppliers, and other local agencies to look for opportunities to encourage and promote new technologies that reduce water usage, including through timely access to water usage information and behavioral response. 13. The State Water Board encourages all state and local agencies to look for additional opportunities to minimize potable water use in outdoor spaces. 14. The State Water Board encourages investor-owned utilities to expeditiously submit applications for implementation of the regulations to the California Public Utilities Commission. CERTIFICATION The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on July 15, 2014. AYE: Chair Felicia Marcus Vice Chair Frances Spivy-Weber Board Member Steven Moore Board Member Dorene D’Adamo NAY: None ABSENT: Board Member Tam M. Doduc ABSTAIN: None Jeanine Townsend Clerk to the Board PH3 - 9 PROPOSED TEXT OF EMERGENCY REGULATIONS Article 22.5. Drought Emergency Water Conservation Sec. 863 Findings of Drought Emergency (a) The State Water Resources Control Board finds as follows: (1) On January 17, 2014, the Governor issued a proclamation of a state of emergency under the California Emergency Services Act based on drought conditions; (2) On April 25, 2014, the Governor issued a proclamation of a continued state of emergency under the California Emergency Services Act based on continued drought conditions; (3) The drought conditions that formed the basis of the Governor’s emergency proclamations continue to exist; (4) The present year is critically dry and has been immediately preceded by two or more consecutive below normal, dry, or critically dry years; and (5) The drought conditions will likely continue for the foreseeable future and additional action by both the State Water Resources Control Board and local water suppliers will likely be necessary to further promote conservation. Authority: Wat. Code, § 1058.5. References: Wat. Code, §§ 102, 104, 105. Sec. 864 Prohibited Activities in Promotion of Water Conservation (a) To promote water conservation, each of the following actions is prohibited, except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a state or federal agency: (1) The application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures; (2) The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use; (3) The application of potable water to driveways and sidewalks; and (4) The use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system. (b) The taking of any action prohibited in subdivision (a) of this section, in addition to any other applicable civil or criminal penalties, is an infraction, punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. Authority: Wat. Code, § 1058.5. References: Wat. Code, §§ 102, 104, 105. PH3 - 10 PROPOSED TEXT OF EMERGENCY REGULATIONS Sec. 865 Mandatory Actions by Water Suppliers (a) The term “urban water supplier,” when used in this section, refers to a supplier that meets the definition set forth in Water Code section 10617, except it does not refer to suppliers when they are functioning solely in a wholesale capacity, but does apply to suppliers when they are functioning in a retail capacity. (b)(1) To promote water conservation, each urban water supplier shall 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. (2) As an alternative to subdivision (b)(1), an urban water supplier may submit a request to the Executive Director for approval of an alternate plan that includes allocation-based rate structures that satisfies the requirements of chapter 3.4 (commencing with section 370) of division 1 of the Water Code, and the Executive Director may approve such an alternate plan upon determining that the rate structure, in conjunction with other measures, achieves a level of conservation that would be superior to that achieved by implementing limitations on outdoor irrigation of ornamental landscapes or turf with potable water by the persons it serves to no more than two days per week. (c) To promote water conservation, each urban water supplier that does not have a water shortage contingency plan or has been notified by the Department of Water Resources that its water shortage contingency plan does not meet the requirements of Water Code section 10632 shall, within thirty (30) days, limit outdoor irrigation of ornamental landscapes or turf with potable water by the persons it serves to no more than two days per week or shall implement another mandatory conservation measure or measures intended to achieve a comparable reduction in water consumption by the persons it serves relative to the amount consumed in 2013. (d) In furtherance of the promotion of water conservation each urban water supplier shall prepare and submit to the State Water Resources Control Board by the 15th of each month a monitoring report on forms provided by the Board. The monitoring report shall include the amount of potable water the urban water supplier produced, including water provided by a wholesaler, in the preceding calendar month and shall compare that amount to the amount produced in the same calendar month in 2013. Beginning October 15, 2014, the monitoring report shall also estimate the gallons of water per person per day used by the residential customers it serves. In its initial monitoring report, each urban water supplier shall state the number of persons it serves. (e) To promote water conservation, each distributor of a public water supply, as defined in Water Code section 350, that is not an urban water supplier shall, within thirty (30) days, take one or more of the following actions: (1) Limit outdoor irrigation of ornamental landscapes or turf with potable water by the persons it serves to no more than two days per week; or (2) Implement another mandatory conservation measure or measures intended to achieve a comparable reduction in water consumption by the persons it serves relative to the amount consumed in 2013. Authority: Wat. Code, § 1058.5. References: Wat. Code, §§ 102, 104, 105; 350; 10617; 10632. PH3 - 11 Attachment 2 O _____ ORDINANCE NO. (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. PH3 - 12 Ordinance No. ----- (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 PH3 - 13 Ordinance No. ----- (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 PH3 - 14 Revisions to Chapter 13.07 Mandatory Emergency Drought Regulations Revisions to Chapter 13.07 Mandatory Emergency Drought Regulations Regulation Adoption Process State Water Resources Control Board releases draft regulations on July 8, 2014 Regulations adopted on July 15, 2014 Office of Administrative Law approves the regulations and they become effective on July 28, 2014 Revisions to Chapter 13.07 Mandatory Emergency Drought Regulations Requirements Adopt & enforce water waste prohibitions Institute mandatory outdoor watering restrictions Monthly water use reporting required Revisions to Chapter 13.07 Mandatory Emergency Drought Regulations Proposed Outdoor Watering Restrictions THREE-DAY A WEEK SCHEDULE Even numbered addresses: Sunday, Tuesdays and Thursdays Odd numbered addresses: Monday, Wednesdays and Fridays Revisions to Chapter 13.07 Mandatory Emergency Drought Regulations Outreach Plan Consistent communication with the local media; Stepped up use of social media tools like Facebook; Online Information via the City’s website; Billing inserts and direct mail information; Use of existing outreach elements like the Resource newsletter; Printed information for use at Farmers’ Market and other events; Selected use of print advertising Revisions to Chapter 13.07 Mandatory Emergency Drought Regulations Next Steps Second reading of the Ordinance and adoption on 9/2 Return to the City Council on 9/16 with a Resolution to implement the mandatory watering restrictions effective 10/2 Move forward with the Outreach Plan Provide the community with technical assistance needed to comply with the regulations and prohibitions Revisions to Chapter 13.07 Mandatory Emergency Drought Regulations Recommendation: Introduce an ordinance amending Chapter 13.07 of the City’s Municipal Code to include the implementation of mandatory restrictions on outdoor irrigation of ornamental landscapes or turf using potable water. Authorize the transfer of $30,000 from Water Fund working capital to fund an educational and public outreach plan related to the City’s emergency drought regulations. Water Conservation Hotline Telephone Number: 805-783-7776 Online submittal form: Slowater.org