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HomeMy WebLinkAboutR-10629 Permit Fee for Corp Yard Non-Potable WellRESOLUTION NO. 10629 (2015 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ESTABLISHING A PERMIT FEE AND REGULATIONS FOR THE USE OF THE CORPORATION YARD NON - POTABLE WELL WHEREAS, as evidenced by Governor Edmund G. Brown's various proclamations, California is in a state of emergency due to severe drought conditions; and WHEREAS, separate but related to the drought, the State of California has adopted legislation commonly referred to as the Sustainable Groundwater Management Act, which requires, among other thing, that a groundwater management agencies must be formed to manage the groundwater basins underlying the agency's respective jurisdiction; and WHEREAS, the City of San Luis Obispo's ( "City ") 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. In addition to these surface water supplies, the City owns and operates a non - potable well located at the City's Corporation Yard. The well draws groundwater from the San Luis Obispo Valley Groundwater Basin which has been identified by the California Department of Water Resources as a medium priority basin as part of the California Statewide Groundwater Elevation Monitoring Program (Water Code section 10920 et seq.); and WHEREAS, the original purpose of this well was for use at construction sites within the City; and WHEREAS, over time, water from the well has been used by individuals and commercial enterprises for a variety of purposes not regulated by the City; and WHEREAS, in recognition of the drought and the importance of the groundwater resources management, and to protect the health, safety and welfare of the public, it is necessary for the City to regulate the use of the groundwater well at the City's Corporation yard. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The Resolution is categorically exempt from environmental review pursuant to CEQA Guidelines Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources). SECTION 2. During the City's declared drought emergency, a permit issued by the City Utilities Department will be required prior to any person obtaining water from the non - potable groundwater well at the City's Corporation yard. Water from this well may only be used for non- potable purposes for properties within the City of San Luis Obispo or those adjacent to or within the San Luis Obispo Valley Groundwater Basin as defined in Bulletin 118 issued by the R 10629 Resolution No. 10629 (2015 Series) Page 2 California Department of Water Resources. Guidelines for the allowable uses of the water, user eligibility and application procedures consistent with this Resolution will be developed by the Utilities Director. The Utilities Director will have the authority to modify the guidelines, user eligibility and application procedures based on the severity of the drought conditions. If traffic issues, safety, abuses, or other similar concerns related to the well occur, the use and operation of the well may be further regulated or shut down at the discretion of the Utilities Director. SECTION 3. The City Council hereby adopts the following annual fees for use of the non - potable groundwater well at the City's Corporation yard by user type: Property owner inside the City limits: $50.00 Property owner outside the City limits, but in the San Luis Obispo Valley Groundwater Basin: $350.00 SECTION 4. Failure to follow the guidelines or follow other applicable procedures for use of the water will result in revocation of the user permit and forfeiture of access to the well. Upon motion of Vice Mayor Ashbaugh, seconded by Council Member Christianson, and on the following roll call vote: AYES: Council Members Carpenter, Christianson and Rivoire, Vice Mayor Ashbaugh and Mayor Marx NOES: None ABSENT: None The foregoing resolution was adopted this 2nd day of June 2015. __Z� fttal� Ma or a Marx ATTEST: Resolution No. 10629 (2015 Series) Page 3 APPROVED AS TO FORM: . Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this S4'- day of 7 ony J. M " , City Clerk