HomeMy WebLinkAbout06-20-2017 Item 15 Recinding the Local Drought Emergency and Associated Resolutions Meeting Date: 6/20/2017
FROM: Carrie Mattingly, Utilities Director
Prepared By: Aaron Floyd, Utilities Deputy Director - Water
Mychal Boerman, Water Resources Program Manager
Jennifer Metz, Utilities Projects Manager
SUBJECT: RESCINDING THE LOCAL DROUGHT EMERGENCY AND ASSOCIATED
RESOLUTIONS
RECOMMENDATIONS
Adopt a Resolution (Attachment F):
1. Rescinding Resolution Nos. 10566, 10627, 10628, and 10635, (Attachments A-E) ending
the local drought emergency declaration and associated water use restrictions; and
2. Rescinding Resolution No. 10629 which authorized and established a permit fee and
regulations for the use of the Corporation Yard non-potable well and direct staff to make
necessary changes to eliminate public access to the well.
DISCUSSION
State and Local Emergency Drought Declaration
In response to the State’s emergency drought declaration and restrictions on water use, on
September 16, 2014 the City Council adopted a resolution (Attachment A) limiting outdoor
irrigation of ornamental landscape or turf with potable water to three days a week. On June 2,
2015, the City Council adopted a series of additional resolutions (Attachment B) including:
1. Declaration of a local drought emergency (Resolution No. 10627)
2. Deferral of new landscape installation or the use of modified landscape plans
during the drought emergency (Resolution No. 10628)
3. Establishment of a permit fee for the use of the Corporation Yard non -potable
groundwater well (Resolution No. 10629)
On June 16, 2015, the City Council adopted Resolution No. 10635 limiting outdoor irrigation of
ornamental landscaping or turf with potable water to two days a week (Attachment C).
Rescinding Drought Declaration
Following the abundant rainfall received this winter, on April 7, 2017 Governor Brown issued
Executive Order B-40-17 ending the state of emergency in California and eliminating the City’s
12 percent water use reduction requirement.
The City’s emergency drought declaration and restrictions on water use have remained in effect
since their adoption in 2015. To eliminate these restrictions, it is recommended the City Council
adopt a resolution to rescind 1) the resolution to declare the drought emergency and 2) the
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resolutions adopted to support the drought emergency and imposing various watering
restrictions.
Current City Water Supply
The watersheds that feed the City’s three
reservoirs were very productive this winter. The
majority of increases in water storage at local
reservoirs occurred from January through March
of 2017 with levels sustaining through May (see
Figure 1).
The increased reservoir levels further
strengthened the resiliency of the City’s water
supply and resulted in the addition of several
years of stored water in Salinas and Whale Rock
reservoirs. Nacimiento Reservoir, from which
the City receives 5,482 acre-feet annually
through contract, saw the largest volume of
water added. Both Nacimiento and Salinas
Reservoir experienced far more inflow than they
were able to retain.
Corporation Yard Well
The Corporation Yard well was established
during the drought of 1987-1991 to serve as an
alternative source of water for construction
related activities (prior to the City’s recycled
water program). Over the years, word spread
about the well and it began to see more use. It
became known that people outside of the City
were using the well for non-potable uses such as
laundry, livestock, and toilet flushing which was
of concern. Lines for water at the well grew to
the point where trucks backed up all the way to
the freeway off-ramp while waiting to fill up.
Something had to be done to regulate the use of
the well.
In June 2015, when the City Council declared a
local drought emergency, guidelines were
established and a permit fee was identified for
the use of the Corporation Yard well. Using this
water instead of potable water was one way in
which citizens could continue to water their
trees and plants while helping to achieve
mandated water reductions. The actions taken
Table 1: Corporation Yard Well Usage
2015-16 through 2016-17
Well Usage
(in acre feet)
# Permits
Inside
City
Outside
City Total
July 2015-
June 30, 2016 8.57 23 17 40
July 2016-May
4, 2017 5.46 27 17 44
NOTES:
The Corporation Yard Well permit program began in July 2015.
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also eliminated the lines waiting to fill up at the well. All construction activities were required to
use recycled water.
The establishment of the permit program for use of the well was intended to provide temporary
support to those affected by watering restrictions or depleted groundwater levels. There were
parcels within the San Luis Obispo Valley Groundwater Basin (SLOVGB) that were out of
water, which had been using the well water, and had little to no other water options. City Council
limited the use of the well water to those parcels located within the SLOVGB thereby allowing
those parcels to use the well water under this program for specific purposes during the severe
drought. The Corporation Yard Well was not intended to be used as a permanent water source
for users inside or outside of the City. The June 2015 Council Agenda Report on the drought
noted that upon rescission of the drought emergency, the well would be shut down and would no
longer be available for public use. The permit application form emphasizes that “Public use of
the well will be discontinued when the drought emergency is rescinded by the City Council.”
Complicating factors with the well permit program requiring staff action included lost well
access keys, lack of permit identification, and people loaning their well access key to others.
Prior to recent rains, staff was also concerned whether permit holders were using the non-potable
well water consistent with listed allowed uses.
Signage was posted at the Corporation Yard well location in May 2017 and a direct mailing was
sent to each permit holder that, as informed when signing up for a permit, the permit would
expire June 30, 2017 or when the drought emergency was rescinded; whichever came sooner.
The notifications also listed the location, date, and time of the City Council meeting on June 20.
State ‘Conservation as a way of Life’ Future
On May 9, 2016 Governor Brown signed Executive Order B-37-16 (see Figure 2 for framework
to achieve the intent of the Executive Order). This order aims to establish long-term water
conservation measures and improved planning for more frequent and severe droughts. The
centerpiece of the Executive Order is a requirement for the State’s urban water suppliers to meet
new water conservation targets, thus replacing the State’s current mandate to reduce water use in
California 20 percent by 2020.
In addition to new conservation targets, requirements include:
Water Use Prohibitions: The Water Board will establish permanent prohibitions on
wasteful water use, building and expanding on currently prohibited uses.
Minimizing Water Loss: Starting in October 2017 the City will be required to submit
validated water loss audit reports to the Board. Beginning in 2020, water retailers will be
required to meet water loss performance standards. The City has completed three stages
of a four-stage water audit process as required by Executive Order B-37-16 and will
submit a validated water loss audit to the State in October 2017.
Drought Risk Assessments: Every five years, the City is required to update its Urban
Water Management Plan. In its next update, the City will now be required to include a
Drought Risk Assessment; an analysis of the resiliency of the city’s water supplies for
five years into the future.
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Staff will return to Council with recommendations to adopt permanent prohibitions on wasteful
water use and revisions to the Water Shortage Contingency Plan in compliance with Executive
Order B-37-16 once those requirements have been finalized at the State level.
Continued City Efforts
Despite relief from the drought, water conservation remains a way of life. The City will continue
its support of school education programs, public information campaigns, home water audits,
water consumption database audits, and other long term elements of the City’s successful water
conservation program. Current municipal code requirements, such as prohibiting wasteful water
use and the toilet retrofit-upon-sale program remain in place. The City’s Water Efficient
Landscape Ordinance, which requires that newly installed landscapes make efficient use of
water, remains in effect.
CONCURRENCES
The Community Development Department concurs with the recommendations made in this
report.
ENVIRONMENTAL REVIEW
The rescission of resolutions related to the Drought Emergency is not a "project" under the
California Environmental Quality Act (CEQA), because the action does not involve any
commitment to a specific project which may result in a potentially significant physical impact on
the environment, as contemplated by Title 14, California Code of Regulations, Section 15378.
Figure 2: CA State Framework
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FISCAL IMPACT
Rescinding water use restrictions put in place to support the drought emergency could result in
increased water sales and associated revenue if water use increased.
ALTERNATIVES
1. Deferral of new landscape planting or use of modified landscape plans. The Council
could elect not to rescind Resolution No. 10628 and continue the deferral of new landscape
planting or the use of modified landscape plans. The City’s Water Efficient Landscape
Ordinance remains in effect requiring newly installed landscapes to make efficient use of
water.
2. Corporation Yard Well. The Council could keep the permit program in place allowing well
use under the current regulations and fee or modify the current regulations and fee. This
alternative is not recommended as current access to the well was intended to provide relief
during the declared local drought emergency and not provide a permanent water supply. It
was not intended to be used as a revenue source for the water utility.
3. Watering day restrictions. The Council could decide to maintain watering day restrictions.
This alternative is not recommended as it is not aligned with the City’s adopted Water
Shortage Contingency Plan that enacts these conservation measures when there is less than a
projected five-year supply of water remaining. Maintaining restrictions when it isn’t
necessary (and when staffing has been eliminated to ensure compliance with these
restrictions) could reduce buy-in when the need is genuinely there.
Attachments:
a - Resolution 10566 (2014 Series)
b - Resolution 10627 (2015 Series)
c - Resolution 10628 (2015 Series)
d - Resolution 10635 (2015 Series)
e - Resolution 10629 (2015 Series)
f- Resolution rescinding drought
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RESOLUTION NO. 10566 ( 2014 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA,
IMPLENIENTING MANDATORY RESTRICTIONS ON THE OUTDOOR
IRRIGATION OF ORNANIENTAL 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;
and
WHEREAS, the City of San Luis Obispo ("City') is an urban water supplier subject to
the Emergency Regulations; and
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, 13E 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(6) 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.
R 10566
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Resolution No. 10566 (2014 Series)
Page 2
Upon motion of Council Member Ashbaugh, seconded by Vice Mayor Christianson, and
on the following roll call vote:
AYES: Council Members Ashbaugh and Smith.
Vice Mayor Christianson and Mayor Marx
NOES: Council Member Carpenter
ABSENT: None
The foregoing resolution was adopted this 16`h
day of September 2014.
Mayor lei Marx
rte
i5riv . M ia, MM
City.Gle k,.
APPROVED AS T FORM:
C istme Dietrick
City Attorney
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RESOLUTION NO. 10627 (2015 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DECLARING A LOCAL DROUGHT
EMERGENCY
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, on March 17, 2015, the State Water Resources Control Board expanded
and extended the Emergency Regulations in response to continued 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 on the use of
potable water and mandating that the City reduce its water use by twelve percent (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
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
R 10627
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Resolution No. 10627 (2015 Series)
Page 2
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 declaring a local drought emergency and implement all requirements and actions
required in the Executive Order B -29 -15 and State Water Resources Control Board emergency
regulations.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo, that for the reasons set forth herein, a local drought emergency now exists throughout
the City of San Luis Obispo.
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
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Resolution No. 10627 (2015 Series)
Page 3
The foregoing resolution was adopted this 2nd day of June 2015.
V/114-
N ay an Marx
ATTEST:
4th on -ia;
City Clerk
APPROVED AS TO FORM:
2
hristine 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 t- '— day of — 11 V-4- 2c. t j
athany J.
City Clerk
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RESOLUTION NO. 10628 (2015 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DEFERRING OR REQUIRING ALTERNATIVE
LANDSCAPE PLANTING DURING THE DECLARED DROUGHT
EMERGENCY
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;
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 percent 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
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
R 10628
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Resolution No. 10628 (2015 Series)
Page 2
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, up to 30 percent of water used during the summer months is for landscape
irrigation; and
WHEREAS, newly planted landscapes use significantly more water during the
establishment period than a mature landscape; 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 deferring or requiring alternate landscape for new landscape planting which
require potable city water for irrigation.
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 declared drought emergency, all new landscape planting
located in City parks or on the grounds of City buildings which require potable city water for
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Resolution No. 10628 (2015 Series)
Page 3
irrigation shall be deferred and require a permanent alternative or interim landscape plan to be
approved by the Community Development Director as set forth in Section 3a and 3b below.
SECTION 3. During the City's declared drought emergency, all new landscape planting
in private development projects which require potable city water for irrigation shall be deferred
and require a permanent alternative or interim landscape plan to be approved by the Community
Development Director.
a) Alternative (permanent) landscape 1pans. Alternative landscape plans which are
drought tolerant may be allowed to be installed during the deferral period as a
permanent alternative, as approved by the City Community Development
Director. Such plans may include hardscape, artificial turf, mulch, and select
drought tolerant plant species. Such landscaping shall be irrigated with only drip
emitters, micro spray or equivalent water saving devices that substantially reduce
water use and achieve a minimum of a 50% reduction in water demand as
compared to landscapes installed during normal water years.
b) Interim (temporary) landscape plans. Interim landscape plans designed to control
dust /erosion and maintain property aesthetics may be allowed during the deferral
period, as approved by the City Community Development Director. Interim
landscape plans are to be a temporary installation which will be replaced by a
permanent landscape planting plan approved with an entitlement (e.g.
Architectural Review, Use Permit, Subdivision) or building permit. There shall be
an appropriate guarantee, as outlined in the Policy on construction Security
Deposits Document, that the permanent landscape planting plan will be completed
within 90 days of the end of the drought emergency or other appropriate time as
determined by the Community Development Director unless an alternative
landscape plan is approved and installed as noted above.
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
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Resolution No. 10628 (2015 Series)
Page 4
The foregoing resolution was adopted this 2 °d day of June 2015.
Vqo -
Ma or Jan Marx
ATTEST:
APPROVED AS TO FORM:
VCliristiiie 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 1''6 ' day of a zo a,
ntilony J.
City Clerk
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RESOLUTION NO. 10635 (2015 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, IMPLEMENTING MANDATORY
RESTRICTIONS ON OUTDOOR IRRIGATION OF ORNAMENTAL
LANDSCAPES OR TURF WITH POTABLE WATER
WHEREAS, on April 1, 2015 the Governor issued Executive Order B -29 -15 which
requires the State of California to reduce water use by 25 %; and
WHEREAS, on May 5, 2015 the State Water Resources Control Board adopted
regulations mandating the City of San Luis Obispo reduce water use by 12 %; and
WHEREAS, on June 16, 2015 the San Luis Obispo City Council adopted an ordinance
amending Chapter 13.07 of the City's Municipal Code to include two day a week outdoor
watering restrictions and limiting irrigation between the hours of 7:00 p.m. and 7:00 a.m.; and
WHEREAS, by this Resolution, restricting the use of potable water for the outdoor
irrigation of ornamental landscapes or turf by limiting irrigation to two days a week and between
the hours of 7:00 p.m. and 7:00 a.m. will assist the City in complying with the State Water
Resources Control Board 12% water reduction requirement.
NOW, THEREFORE, BE IT RESOLVED, by the 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;
SECTION 2. The City Council hereby limits the outdoor irrigation of ornamental
landscape or turf with potable water to two days a week in accordance with the following
schedule:
Even numbered addresses - Tuesday and Friday
Odd numbered addresses - Monday and Thursday
SECTION 3. Effective Date and Term. The effective date of this Resolution is July 16,
2015. This Resolution shall remain in effect until the State Water Board rescinds or allows
expiration of the Emergency Regulations and the City Council formally rescinds its Drought
Emergency declaration.
Upon motion of Mayor Marx, seconded by Vice Mayor Ashbaugh, and on the following roll call
vote:
AYES: Council Members Carpenter, Christianson, and Rivoire,
Vice Mayor Ashbaugh, and Mayor Marx
NOES: None
ABSENT: None
R 10635
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Resolution No. 10635 (2015 Series)
The foregoing resolution was adopted this 16`" day of June, 2015.
Mayor n Marx
ATTEST:
APPROVED AS TO-fORM:
istine Dietrick
ity Attorney
Page 2
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this Z ' day of '7::S-,, t o
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RESOLUTION 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
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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:
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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
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R ______
RESOLUTION NO. _____ (2017 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, RESCINDING THE LOCAL DROUGHT
EMERGENCY AND ASSOCIATED RESOLUTIONS RESTRICTING
WATER USE
WHEREAS, on September 16, 2014 the City Council of the City of San Luis Obispo
adopted Resolution No. 10566 (2014 Series), implementing mandatory restrictions on outdoor
irrigation of ornamental landscapes or turf with potable water; and
WHEREAS, on June 2, 2015 the City Council of the City of San Luis Obispo adopted
Resolution No. 10627 (2015 Series), establishing a local drought emergency in the City of San
Luis Obispo; and
WHEREAS, on June 2, 2015 the City Council of the City of San Luis Obispo adopted
Resolution No. 10628 (2015 Series), deferring or requiring alternative landscape plans during the
declared drought emergency; and
WHEREAS, on June 2, 2015 the City Council of the City of San Luis Obispo adopted
Resolution No. 10629 (2015 Series), establishing a permit fee and regulations for the use of the
corporation yard non-potable well; and
WHEREAS, on June 16, 2015 the City Council of the City of San Luis Obispo adopted
Resolution No. 10635 (2015 Series), implementing mandatory restrictions on outdoor irrigation of
ornamental landscapes or turf with potable water; and
WHEREAS, on April 7, 2017 Governor Brown issued Executive Order B-40-17, which
lifted the drought emergency in all California counties except Fresno, Kings, Tulare and
Tuolumne, and rescinded two emergency proclamations from January and April 2014 and four
drought-related executive orders issued in 2014 and 2015.
WHEREAS, the City of San Luis Obispo’s water model estimates greater than five years
of water supply available, corresponding to the “Monitor” stage of the Water Shortage
Contingency Plan; and
WHEREAS, on May 25, 2017 Whale Rock Reservoir is 79 percent of capacity, Salinas
Reservoir is 100 percent of capacity, and Nacimiento Reservoir is 83 percent of capacity; and
WHEREAS, the City of San Luis Obispo’s reservoirs have adequate supplies to end the
declared local drought emergency.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
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Resolution No. _____ (2017 Series) Page 2
R ______
SECTION 1. Environmental Review. The rescission of resolutions related to the Drought
Emergency is not a "project" under the California Environmental Quality Act (CEQA), because
the action does not involve any commitment to a specific project which may result in a potentially
significant physical impact on the environment, as contemplated by Title 14, California Code of
Regulations, Section 15378.
SECTION 2. Local Drought Declaration and Water Use Restrictions. Based upon the
City’s water supply conditions, as described above, the City Council hereby rescinds Resolution
Nos. 10566 (2014 Series), 10627 (2015 Series), 10628 (2015 Series), and 10635 (2015 Series).
SECTION 3. Discontinuation of Corporation Yard Well Access. Based upon the
rescission of the declared drought emergency, the City Council hereby rescinds Resolution No.
10629 (2015 Series) thereby prohibiting the City’s Corporation Yard Well from being used by the
general public as a temporary non-potable water supply. The prohibition on the public’s use of the
City’s Corporation Yard Well as a temporary non-potable water supply shall become effective
July 1, 2017.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2017.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Carrie Gallagher
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
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Resolution No. _____ (2017 Series) Page 3
R ______
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, _________.
____________________________________
Carrie Gallagher
City Clerk
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Rescinding the Local Drought Emergency Salinas Reservoir (2015)Salinas Reservoir (2017)
Drought Timeline
Statewide Conditions2014 Today
Local Conditions10%32%25%100%79%78%SALINAS RESERVOIR WHALE ROCK RESERVOIR NACIMIENTO RESERVOIRLOCAL RESERVOIR LEVELSJan-17Jun-17
Drought Timeline
Making Water Conservation a California Way of Life
Making Water Conservation a California Way of Life
Making Water Conservation a California Way of Life
Rescinding Local Drought Emergency & Associated Resolutions•Resolution No. 10627: Formally ends local drought emergency•Resolution No. 10635 & 10566: Eliminates watering day restrictions•Resolution No. 10628: Ends special requirements for newly installed landscapesRecommendation:Rescind Resolution Nos. 10566, 10627, 10628, and 10635, (Attachments A-E) ending the local drought emergency declaration and associated water use restrictions
Corporation Yard Non-Potable Well•Reduce impact of restrictions for in-city customers•Assist neighboring properties during drought•To be ended when drought declared over
Corporation Yard Non-Potable WellPermit Requirements:
Corporation Yard Non-Potable WellContinued Non-Compliance with permit requirements•Duplication of keys used to access well•Well permit holder not present at time of filling•Unpermitted and damaged vehicles
Corporation Yard Non-Potable WellConcerns•No ability to track where water is being used/delivered•Keys loaned to people who have not read/agreed to restrictions on use•Non-approved uses of waterRecommendation:Rescind Resolution No. 10629 which authorized and established a permit fee and regulations for the use of the Corporation Yard non-potable well and direct staff to make necessary changes to eliminate public access to the well.
Next Steps•Continue long term conservation programs•Return to Council with new State regulations on wasteful water use•Update Municipal Code•Updated Water Shortage Contingency PlanNew permanent prohibitions:• No watering within 48 hours of measurable rainfall• No washing down of sidewalks & driveways• No washing vehicles without shut-off nozzle• Restricted use of decorative water features and fountains
Questions
RecommendationsAdopt a Resolution (Attachment F):Rescinding Resolution Nos. 10566, 10627, 10628, and 10635, (Attachments A-E) ending the local drought emergency declaration and associated water use restrictions; andRescinding Resolution No. 10629 which authorized and established a permit fee and regulations for the use of the Corporation Yard non-potable well and direct staff to make necessary changes to eliminate public access to the well.
Corporation Yard Well StatisticsCorporation Yard Well Usage 2015‐16 through 2016‐17Acre‐Feet Inside City Outside City TotalJuly 2015‐June 30, 2016 8.57 23 17 40July 2016‐May 4, 2017 5.46 27 17 44
Water Use Data10610110711310592870204060801001202010 2011 2012 2013 2014 2015 2016Gallons Per Capita Daily (gpcd)YearCity Water Demand
Water Use Data7,8114,0406,2205,1254,520050001000015000200002500030000350004000045000500000100020003000400050006000700080009000POPULATIONACRE-FEETYEARCITY WATER DEMAND 1980-2016Water DemandPopulation