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Home My WebLink About09-16-2014 C6 Resolution Implementing Emergency Drought RegulationsCity of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number FROM: Carrie Mattingly, Utilities Director Prepared By: Ron Munds, Utilities Services Manager SUBJECT: RESOLUTION LIMITING OUTDOOR IRRIGATION OF ORNAMENTAL LANDSCAPING OR TURF WITH POTABLE WATER TO THREE DAYS A WEEK RECOMMENDATION Adopt a Resolution implementing San Luis Obispo Municipal Code Section 13.07.030(B) limiting outdoor irrigation of ornamental landscape or turf with potable water to three days a week. DISCUSSION Background 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 The Emergency Regulations are effective as of July 29, 2014 and stay in effect for 270 days but can be rescinded, extended or amended based on drought conditions. 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. 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. Outdoor Irrigation Watering Restriction Summary On September 2, 2014, the City Council adopted an Ordinance which amended Chapter 13.07 to comply with the Emergency Regulations. In order to comply with the Emergency Regulations, it is recommended the City Council implement the restrictions set forth in San Luis Obispo Municipal Code Section 13.07.030(B) which limit the outdoor irrigation of ornamental landscape and turf to no more than three-days pursuant to the following schedule: Sept. 16, 2014 C6 C6 - 1 Outdoor Irrigation Restrictions Page 2 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. 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). 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. 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. FISCAL IMPACT There is no fiscal impact associated with the recommended action. As part of the adoption of the ordinance restricting outdoor irrigation, the City Council approved a public outreach plan and supporting budget of $30,000 which includes contingencies. Existing staffing will provide the public outreach support and enforcement activities. 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 C6 - 2 Outdoor Irrigation Restrictions Page 3 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 modify the three day a week watering schedule. ATTACHMENTS Attachment 1 – Resolution limiting outdoor irrigation T:\Council Agenda Reports\2014\2014-09-16\Reso Implementing Emergency Drought Regs (Mattingly-Munds) C6 - 3 Attachment 1 R _____ RESOLUTION NO. (2014 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO IMPLEMENTING MANDATORY RESTRICTIONS ON THE OUTDOOR IRRIGATION OF ORNAMENTAL LANDSCAPES OR TURF WITH POTABLE WATER WHEREAS, on July 15, 2014 the State Water Resources Control Board adopted California Code of Regulations (“CCR”), title 23, sections 863, 864 and 865 (the “Emergency Regulations”), which require, 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 City of San Luis Obispo (“City”) is an urban water supplier subject to the Emergency Regulations; WHEREAS, on September 2, 2014 the San Luis Obispo City Council adopted an ordinance amending Chapter 13.07 of the City’s Municipal Code in order to comply with the Emergency Regulations; and WHEREAS, by this Resolution, 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. The City Council hereby implements Section 13.07.030(B) of the Municipal Code and hereby limits the outdoor irrigation of ornamental landscape or turf with potable water to three days a week in accordance with the following schedule: • Even numbered addresses - Sunday, Tuesday and Thursday • Odd numbered addresses - Monday, Wednesday and Friday SECTION 2. Effective Date and Term. The effective date of this Resolution is October 2, 2014. This Resolution shall remain in effect until and shall automatically expire on April 25, 2015 unless the State Water Board extends or rescinds the Emergency Regulations in which case this Resolution shall be so extended or shall so terminate so that the restrictions on outdoor irrigation set forth in Section 1 above run concurrently with the life of the Emergency Regulations. Upon motion of Council Member __________________, seconded by Council Member __________________, and on the following roll call vote: AYES: NOES: ABSENT: C6 - 4 Resolution No. ----- (2014 Series) Page 2 Mayor Jan Marx ATTEST: Anthony Mejia City Clerk APPROVED AS TO FORM: J. Christine Dietrick City Attorney C6 - 5 Page intentionally left blank. C6 - 6