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Home My WebLink About06-16-2015 C12 Second Reading Outdoor Watering RestrictionsCity 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. 1619 (2015 Series) which amends Chapter 13.07 of the City’s Municipal Code regarding water conservation regulations. DISCUSSION On June 2, 2015 the City Council voted 5 to 0 to introduce Ordinance No. 1619 (2015 Series). Ordinance No. 1619 amends the City’s water conservation regulations by adding two day a week and outdoor watering and time of day irrigation restrictions. Specifically, Ordinance No. 1619 adds the option to restrict use of potable water for outdoor irrigation of ornamental landscape and turf to 2 days a week in accordance with the following schedule: Even numbered addresses: Tuesdays and Fridays Odd numbered addresses: Monday and Thursdays Additionally, Ordinance No. 1619 limits outdoor irrigation of ornamental landscapes or turf between the hours of 7:00 p.m. and 7:00 a.m. The water conservation regulations established by Ordinance No. 1619 do not apply to the use of recycled water. The new Ordinance will become effective on July 16, 2015, 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. ATTACHMENTS 1. Ordinance No. 1619 (2015 Series) T:\Council Agenda Reports\2015\2015-06-16\Second Reading amending Chapter 13.07 of the City's Municipal Code June 16, 2015 C12 C12 - 1 THIS PAGE IS INTENTIONALLY LEFT BLANK C12 - 2 Attachment 1 O 1619 ORDINANCE NO. 1619 (2015 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING SECTION 13.07.030 OF THE SAN LUIS OBISPO MUNICIPAL CODE REGARDING 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; and 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; and 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”; and 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; and WHEREAS, in October 2014, the City limited outdoor irrigation to no more than three days a week in order to comply with the State’s water conservation regulations; and WHEREAS, on March 17, 2015 the State Water Resources Control Board expanded and extended the Emergency Regulations in response to the continuing drought conditions; and WHEREAS, on April 1, 2015 the Governor issued an Executive Order B-29-15 which requires increased enforcement against water waste and mandates a 25% reduction in water use statewide; and WHEREAS, on May 5, 2015 in response to Executive Order B-29-15, the State Water Resources Control Board adopted regulations adding additional prohibitions and mandating that the City reduce its water use by 12% as compared to 2013; and WHEREAS, Executive Order B-29-15 and the State Water Resources Control Board emergency regulations will remain in effect until February 28, 2016 unless extended due to continuing drought conditions; and C12 - 3 Ordinance No. 1619 (2015 Series) Attachment 1 Page 2 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; and WHEREAS, the City’s water supply is composed of surface water stored in the Whale Rock, Salinas, and Nacimiento reservoirs which are located outside of the City’s limits but within the County of San Luis Obispo. Water from these reservoirs is shared among different public agencies and other beneficial uses; and WHEREAS, like the rest of California, the County of San Luis Obispo is facing an unprecedented drought resulting in significantly decreased water levels within the City’s reservoirs; and WHEREAS, in an effort to further conserve water and to ensure adequate supplies exist within the City’s water supply system, on September 16, 2014, the City Council adopted Resolution No. 10566 (2014 Series) limiting the outdoor irrigation of ornamental plants and turf to comply with the State’s mandates; and WHEREAS, despite the City’s water conservation efforts, the City’s water supply is in critical condition due to record dry conditions. Based on the City’s Water Projection Model, as of May 1, 2015, the City’s has a projected three and a half years water supply and can be lengthened to an estimated four and half years if the City is able to meet the State’s goal of a 12 percent per capita water use reduction; and WHEREAS, it is uncertain if drought conditions will continue through 2016 and beyond which makes it critically necessary to further manage water consumption during the ongoing drought to ensure that adequate water supplies are available in the long term in order to protect the public health, safety and welfare; and WHEREAS, in order to comply with the Executive Order and Emergency Regulations, and to ensure the City has adequate water for public health and safety, by this Resolution, the City intends on further limiting the outdoor irrigation of ornamental plans and turf. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The Ordinance is categorically exempt from environmental review pursuant to CEQA Guidelines Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources). SECTION 2. Action. Section 13.070.030 (Council water conservation powers) of Chapter 13.070 the City of San Luis Obispo’s Municipal Code is hereby amended as follows: C12 - 4 Ordinance No. 1619 (2015 Series) Attachment 1 Page 3 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 resolution limit outdoor irrigation of ornamental landscapes or turf with potable water to three or two days a week in accordance with the following schedules: THREE-DAY A WEEK SCHEDULE Even numbered addresses: Sunday, Tuesdays and Thursdays Odd numbered addresses: Monday, Wednesdays and Fridays TWO-DAY A WEEK SCHEDULE Even numbered addresses: Tuesday and Friday Odd numbered addresses: Monday and Thursday C. 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 resolution limit outdoor irrigation of ornamental landscapes or turf with potable water between the hours of 7:00 p.m. and 7:00 a.m. Nothing in this Section 13.07.030.C shall limit the use of non-potable water (i.e. recycled or gray water systems) for outdoor irrigation of ornamental landscape or turf. C12 - 5 Ordinance No. 1619 (2015 Series) Attachment 1 Page 4 SECTION 3. Severability. If any subdivision, paragraph, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this ordinance, or any other provisions of the city’s rules and regulations. It is the city’s express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable. 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 2nd day of June 2015, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 16th day of 2015, 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 C12 - 6