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HomeMy WebLinkAbout06/06/1988, 2B - AN URGENCY ORDINANCE REPEALING SECTION 13.07.030 AND ADDING SECTIONS 13.07.30 - 13.07.50 TO CHAPTER 13.07 (WATER CONSERVATION) OF THE SAN LUIS OBISPO MUNICIPAL CODE II p I' A III I�IIIIVIIIIIIIIIP°��u� IIIMEEfDATE: jllll CioSdn LUIS oBISj�o June 6. 10S2R COUNCIL AGENDA REPORT ITEM NUMBER FROM: Dave Romero Bill Hetland .. _(j Prepared by: Linda Herman -' Public Works Dir. Utilities Mgr. Water Conservation Coordinator SUBJECT: An Urgency Ordinance repealing Section 13.07.030 and adding sections 13.07.30 - 13.07.50 to Chapter 13.07 (Water Conservation) of the San Luis Obispo Municipal Code CAO RECOMMENDATION: By motion, adopt Urgency Ordinance and pass the corresponding resolution declaring a critical water period for San Luis Obispo. BACKGROUND: Due to two years of critically dry weather and insufficient runoff, the water level of the Salinas Reservior, the City's primary source of water, is below normal. In addition to the reduction of the existing water supply, the City's water demand currently exceeds the safe annual yield of its reservoirs by six percent. This puts the City of San Luis Obispo in a difficult water situation and prompts the immediate attention of City Council and staff to look at steps to be taken to mitigate this condition. The City's Annual Water Operational Plan, which can be considered a drought contingency plan, plots the City's reservoir storage based on the worst case scenario of a six year drought and identifies certain action levels to be implemented to help reduce the burden on the existing water supply. According to the Plan, the City is currently in the moderate action level and will be in the severe sometime this summer. This requires a fifteen to twenty-five percent reduction in water use. If the next rainfall year is below average and all else remains the same, the City of San Luis Obispo will be in the critical level by summer 1989, and will be faced with having to reduce water demand by fifty percent. Staff is looking to water conservation as one means to help alleviate this discrepancy between water supply and demand, and to stop the City from reaching the critical action level. Although the City has an on-going water conservation program, its main emphasis focuses on voluntary reductions in water use from its residents. Studies have shown that voluntary water conservation measures alone are not enough to achieve this large of a reduction in demand. For these reasons, staff is proposing an urgency ordinance that would give staff direction to implement mandatory water conservation measures. - 1 ���nn���►��IIIIIIIIIP° ���lll city of San Luis OBIspo Nii% COUNCIL AGENDA REPORT Page Two ordinance The proposed Urgency Ordinance adds three sections to chapter 13.07 (Water Conservation) of the Municipal Code and gives City Council power to declare by resolution an emergency or critical water situation for the City of San Luis Obispo. Upon passage of the resolution declaring a critical water period, the ordinance allows Council to authorize and direct staff to immediately implement any or all of the conservation measures deemed appropriate to conserve water for the duration of the critical water period. Some of the measures include, but are not limited to, restricting irrigation within the city's water service area to specified hours or days, and discontinuing service to customers who fail to fix leaks upon sufficient written notification and reasonable opportunity to contest the discontinuance of service. If adopted, this ordinance would become effective immediately and the mandatory water conservation measures proposed will be implemented only during emergency or critical water periods as declared by City Council. These proposed measures will not only attempt to monitor and decrease water use in the city, but will also help increase the public's awareness on the importance and severity of the water situation in San Luis Obispo. It is hoped that the mandatory water conservation measures and rate increase, together with efforts to increase supply and the proposed growth control regulations, will bring the City out of its current water shortage condition and one step closer to managing its most precious resource more efficiently. RECOMMENDATION: Adopt the proposed Urgency Ordinance repealing the existing section 13.07.030 and adding sections 13.07.030-13.07.050 to Chapter 13.07 (Water Conservation) and pass a resolution declaring a critical water period in San Luis Obispo. lhstffrpt/#4 2�• 2, ORDINANCE NO. ( 1988 SERIES) AN URGENCY ORDINANCE OF THE CITY OF SAN LUIS OBISPO REPEALING SECTION 13.07.030 AND ADDING SECTIONS 13.07.030-13.07.050 TO CHAPTER 13.07 (WATER CONSERVATION) OF THE SAN LUIS OBISPO MUNICIPAL CODE AND SETTING FORTH THE REASONS FOR ITS URGENCY BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1 . Section 13.07.030 of the San Luis Obispo Municipal Code is hereby repealed. SECTION 2. Sections 13.07.030 through 13.07.050 are hereby added to Chapter 13.07 of the San Luis Municipal Code to read as follows: 13.07.030 Council water conservation powers. When deemed necessary in the judgement 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 judgement 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: A. 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; B. Limit all customers inside the City water service area to specified maximum usages of water for each category of users; C. Implement other water conservation measures as deemed appropriate. 2,x-3 13.07.040 Utilities manager powers. If the city council adopts a resolution declaring a critical water period or any emergency in the water system as set out in Section 13.07.030, the utilities manager is authorized and directed to take any appropriate action which in his judgement will best conserve water during the duration of the emergency, said action may include, but is not limited to the following: A. Specify the days and/or hours during which water users may irrigate. B. Notify owner or owners of property in writing of leaks in the water line on their private property and require repair of said leaks within three days after said notification. Upon failure to comply, the water department shall turn off the water on said property until the leak is repaired. Service will be restored after the property owner corrects the leak. Reconnection fees will be charged as set forth in section 4.20.080 (Restoration-reconnection charge) of this code; 13.07.050 Violations A violation of this chapter shall constitute an infraction and may be punishable by this code and/or result in discontinuance of water service as provided in sections 13.04.180 (Discontinuance of service) and 4.20.080 (Restoration-reconnection charge). SECTION 3. The Council declares that this ordinance is necessary as an emergency measure to preserve the public health, maintain the city's water supply, encourage water conservation and finds the following reasons to exist for its urgency: 204 1 . The City of San Luis Obispo has adopted a comprehensive water conservation program; and 2. The rainfall which occurred the last two winters was insufficient to provide adequate runoff into the reservoirs from which the City's water supply is drawn; and 3. The water levels in the reservoirs have dropped to a point near that where the City would not be able to assure a sufficient supply of water to provide for its municipal demand without immediate changes in demand or weather patterns. SECTION 4. The Council does hereby adopt this as an urgency ordinance which shall take effect immediately upon adoption, and a summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be advertised within five (5) days of passage, however , failure to advertise will not affect its validity. INTRODUCED AND ADOPTED by the Council of the City of San Luis Obispo at a meeting held on the day of 1987, on motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: MAYOR RON DUNIN ATTEST: CITY CLERK PAM VOLES ................: 26-5 1 . The City of San Luis Obispo has adopted a comprehensive water conservation program; and 2. The rainfall which occurred the last two winters was insufficient to provide adequate runoff into the reservoirs from which the City's water supply is drawn; and 3. The water levels in the reservoirs have dropped to a point near that where the City would not be able to assure a sufficient supply of water to provide for its municipal demand without immediate changes in demand or weather patterns. SECTION 4 . The Council does hereby adopt this as an urgency ordinance which shall take effect immediately upon adoption, and a summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be advertised within five (5) days of passage, however, failure to advertise will not affect its validity. INTRODUCED AND ADOPTED by the Council of the City of San Luis Obispo at a meeting held on the day of 1987, on motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: MAYOR RON DUNIN ATTEST: CITY CLERK PAM VOGES +++rrwwrwrrrrwrru t r RESOLUTION NO. ( 1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING A CRITICAL WATER PERIOD FOR THE CITY OF SAN LUIS OBISPO WHEREAS, the City of San Luis Obispo obtains its water supply from the Salinas and Whale Rock Reservoirs; and WHEREAS, the runoff into the reservoirs has been below normal for the last two year;;; and WHEREAS, the City's water demand is currently exceeding the safe annual yield of its reservoirs; and WHEREAS, according to the Annual Water Operational Plan, the City needs to reduce its water demand by fifteen to twenty-five percent; and WHEREAS, mandatory water conservation measures are needed to reduce this demand; NOW THEREFORE BE IT RESOLVED that in accordance with Municipal Code Section 13.07.030 through 13.07.050, the City Council of the City of San Luis Obispo hereby declares a critical water period. BE IT FURTHER RESOLVED that in order to conserve water during a critical water period, the City Council hereby authorizes its staff to implement the conservation measures described and authorized in the said sections of the San Luis Obispo Municipal Code and any other conservation measures as it deems appropriate for the duration of the critical water period. On motion of seconded by , and on the following roll call vote: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of 1987. MAYOR Ron Dunin ATTEST: CITY CLERK Pam Voges APPROVED: y Administrative Officer City 9 torney �'10 Public Works Director Utilites Manager 2� g a } L t d t t� S .. i d_-^ ....E .�.... r y s( - x ' `. 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ORT P.E, 1807 � 71 t � � ., L-, L I ' A P ETI�AI EIfi3 'S�t C3�iPAt�'� .__ WESTLAND ENGINEERING COMPANY 1037 MILL STREET 0 T 10C.L STREET SAN LUIS OSPO, CA 93401 ,; ° SAN LEIS O ISPO, CA 93401 (805) 541-2394 If ST @#�a # .,.. F f iu 8ouj ST RECORD WN ra ~� � � 1300 1500 � 19 ui € (" *,aTREES ^dEREMOVED 011111,11111111BEING. DIVISION_. . .. r 0- BLOCK_ . .. t'"`f" t_..LIPS ADDITION T to s AB AFS' C 7 �3 T ST AN _:UI E�BZ;—PO, AND PORTION F PARK AVENUE, e .M£_ ST a IN THE CITY F SAN LUIS C I S' , COUNTY OF r P _ Y` 1 a > a LUIS rC, STATE tE Cr A gg i 74- t REQUESTED. BY: HENRY ..«i", T" C"` v.'.f< v IF ry .'r D 34. 9 P7 F 11 ti Tf1 �` L'; ,•' Yr` _-,e sL �? _.L..,' .__. i .`, �`1 C. ^: ._1 Dn ( WES,.t k w E- 1037 MILL STREET, 23AN OBI`..-PO, CA 93401 N � �s _