8 Urgency Ordinance Amending the City Municipal Code Sections 9-5-71 and 9-5-72 Related to Water Conservation and Resolution Declaring a Drought Emergency and Implementing Mandatory Measures/Water Use Restrictions.

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Meeting Date MAY 05, 2015

Agenda Item #8. Urgency Ordinance Amending the City Municipal Code Sections 9-5-71 and 9-5-72 Related to Water Conservation and Resolution Declaring a Drought Emergency and Implementing Mandatory Measures/Water Use Restrictions.

STAFF REPORT

AGENDA ITEM: Urgency Ordinance Amending the City Municipal Code Sections 9-5-1 and 9-5-2 Related to Water Conservation and Resolution Declaring a Drought Emergency and Implementing Mandatory Conservation Measures/Water Use Restrictions.

MEETING DATE: May 5, 2015

PREPARED BY: City Engineer

REVIEWED BY: Odi Ortiz, Interim City Manager

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RECOMMENDATION:

Staff Recommends that the City Council:

1. Adopt Urgency Ordinance of the City Council of Livingston Amending the City’s Municipal Code by Amending Sections 9-5-71 and 9-5-72 Related to Water Conservation; and

2. Adopt Resolution of the City Council of the City of Livingston Proclaiming a Local Drought Emergency and Implementing Mandatory Water Use Restrictions and Rescinding Resolution 2014-1.

BACKGROUND:

On January 17, 2014, in response to the ongoing dry conditions, Governor Edmund G. Brown, Jr. issued a drought emergency proclamation and asked for all Californians to reduce water use by 20%. On April 25, 2014, Governor Brown issued an Executive Order directing the State Water Resources Control Board ("SWRCB") to adopt emergency drought regulations, as it deems necessary.

On July 15, 2014, the SWRCB adopted California Code of Regulations, Title 23, Sections 863, 864, and 865, emergency regulations finding a drought emergency in California and imposing water conservation measures on individuals and water suppliers.

On April 1, 2015, Governor Brown issued an Executive Order requiring mandatory water conservation measures to achieve a statewide reduction in potable water use of twenty­ five percent (25%).

The City of Livingston relies on groundwater as the sole source of potable water supply. Due to the ongoing drought conditions, surface water deliveries have been significantly reduced and additional demand has been placed on the aquifer by the surrounding agriculture. This additional demand has caused groundwater levels to decline significantly.

In 2014, the groundwater level dropped below the suction of Well No. l lB and the bowls had to be lowered. The groundwater level was also near the suction at Well No. 8 and the pump bowls were also lowered during the construction of the TCP treatment improvements.

Wells No. 9 and No. 11 began producing sand, likely due to the rapid decline of groundwater levels.

The combined production capacity of the City’s wells is very close to the City’s maximum day demand ("MDD"). MDD usually takes place during the summer months.

If drought conditions persist through this summer some of the other City wells could begin experiencing drought related problems and jeopardize the ability of the system to meet customer demands.

DISCUSSION:

Since 2014, the City has been informing customers of the need to conserve water. Water conservation measures were included in informational pamphlets along with the water bills. The City’s maximum monthly per capita water use during the summer was 352 gpcpd in 2013 and 257 gpcpd in 2014. That reduction of approximately twenty-two percent (22%) is likely attributed to the City’s water conservation outreach. However, the per capita water use is still high and could be further reduced with mandatory water conservation measures.

The City will soon begin preparing the 2015 Urban Water Management Plan ("UWMP"). The UWMP will define further water conservation measures and evaluate the reliability of the City’s water supply. The City’s Municipal Code must be amended to be consistent with the proposed water conservation measures. The proposed Urgency Ordinance and Resolution amends the Municipal Code and imposes interim Mandatory Water Conservation Measures that are consistent with those mandated by the SWRCB and consistent with the Governor’s mandate to reduce water consumption by twenty-five percent (25%).

The Urgency Ordinance is necessary for the immediate preservation of the public peace, health and safety and, pursuant to Government Code Section 36937(b), shall take effect immediately upon a four-fifths (4/5) vote of the City Council. Given the drought conditions, the City cannot wait for the Urgency Ordinance to go through its normal process of two (2) readings and a thirty (30) day wait period for it to become effective. Changes to the Municipal Code will provide the City more flexibility to respond to the drought by being able to implement and change water use restrictions by Resolution to better react to changing conditions.

FISCAL IMPACT:

There are no fiscal impacts associated with this item.

ATTACHMENTS:

1. Urgency Ordinance No. _

2. Resolution No.

2436286.1

CITY OF LIVINGSTON

URGENCY ORDINANCE NO. —-

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF LIVINGSTON AMENDING THE CITY’S MUNICIPAL CODE BY AMENDING SECTIONS 9-5-71 AND 9-5-72

RELATED TO WATER CONSERVATION

WHEREAS, on January 17, 2014, Governor Edmund G. Brown Jr. issued Proclamation No. 1-17-2014 declaring a State of Emergency for California due to severe drought conditions and calling on Californians to reduce their water usage by twenty percent (20%); and

WHEREAS, on April 25, 2014, the Governor issued an Executive Order to strengthen the State’s ability to manage water and directed the State Water Resources Control Board ("SWRCB"), under its authority in California Water Code Section 1058.5, to adopt emergency regulations as it deems necessary to address water shortage conditions; and

WHEREAS, on July 15, 2014, SWRCB adopted California Code of Regulations, Title 23, Sections 863, 864, and 865, emergency regulations finding a drought emergency in California and imposing water conservation measures on individuals and water suppliers; and

WHEREAS, Section 864 applies to all Californians and prohibits certain activities in promotion of water conservation, many of which are already required by the City of Livingston; and

WHEREAS, Section 865 requires mandatory outdoor irrigation restrictions and reporting by water suppliers, including urban water suppliers like the City of Livingston; and

WHEREAS, On July 28, 2014, the State Office of Administrative Law approved the SWRCB’s proposed regulation and it became law; and

WHEREAS, On April 1, 2015, Governor Edmund G. Brown Jr. issued an Executive Order requiring mandatory water conservation measures to achieve a statewide reduction in potable water use of twenty-five percent (25%); and

WHEREAS, the City relies solely on groundwater for its potable water supply; and

WHEREAS, groundwater levels have been declining significantly and are impacting the reliability of some of the City’s water supply wells; and

WHEREAS, water conservation can reduce the City’s Maximum Day Demand and increase the reliability of its water supply; and

WHEREAS, due to the ongoing drought conditions, surface water deliveries have been significantly reduced and additional demand has been placed on the aquifer by the surrounding agriculture. This additional demand has caused groundwater levels to decline significantly. In 2014, the groundwater level dropped below the suction of Well No. 11B and the bowls had to be lowered. The groundwater level was also near the suction at Well No. 8 and the pump bowls were also lowered during the construction of the TCP treatment improvements. Wells No. 9 and No. 11 began producing sand, likely due to the rapid decline of groundwater levels; and

WHEREAS, the combined production capacity of the City’s wells is very close to the City’s maximum day demand ("MDD"). MDD usually takes place during the summer months. If drought conditions persist through this summer some of the other City wells could begin experiencing drought related problems and jeopardize the ability of the system to meet customer demands; and

Ordinance No Page 1 of 3

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WHEREAS, the City has promoted conservation and on February 21, 2014 adopted Resolution 2014-1 imposing outside watering restrictions; and

WHEREAS, the City has achieved an eighteen percent (18%) reduction in average per capita water use from 2013 to 2014, however, it is not enough; and

WHEREAS, this Urgency Ordinance is immediately needed to amend Section 9-5-71 and Section 9-5-72 of the City’s Municipal Code in order to immediately change water restrictions in the City and provide a flexibility for the City Council to respond to changing requirements by the Governor and the State as drought conditions either improve or get worse. The amendments under this Urgency Ordinance will allow the City Council to modify water conservation requirements by Resolution instead of having to amend the Municipal Code each time changes are needed.

THE CITY COUNCIL OF THE CITY OF LIVINGSTON DOES ORDAIN AS FOLLOWS:

SECTION 1. Amendment 9-5-71. Chapter 9-5, "Water Service Regulations," Section 9-5- 71, "Waste of Water Prohibited," is hereby amended to read as follows:

"9-5-71: WASTE OF WATER PROHIBITED

Customers are prohibited from wasting City water. Water waste through inappropriate use, leaks or other wasteful use must be stopped within forty eight (48) hours’ notice by the City. The City Council, by Resolution, shall declare what is considered water waste."

SECTION 2. Amendment. Chapter 9-5, "Water Service Regulations," Section 9-5-72, "Water Restrictions," is hereby amended to read as follows:

"9-5-72: WATER RESTRICTIONS

The City Council, by Resolution, shall establish water use restrictions for the City of Livingston."

SECTION 3. No Mandatorv Duty of Care. This Urgency Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or parties within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise provided by law.

SECTION 4. Severability. If any prov1s1on of this Urgency Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this Urgency Ordinance are severable. This City Council hereby declares that it would have adopted this Urgency Ordinance irrespective of the invalidity of any particular portion thereof.

SECTION 5. Effective Date. The City Council of the City of Livingston desires to adopt this Urgency Ordinance amending water conservation restriction in the Municipal Code based upon the findings in this Urgency Ordinance, the Staff Report and to immediately address the Governor’s mandate and the State Water Resources Control Board regulations. This Urgency Ordinance is necessary for the immediate preservation of the public peace, health and safety and, pursuant to Government Code Section 36937(b), shall take effect immediately upon a four­ fifths (4/5) vote of the City Council. The City Clerk of the City of Livingston shall cause this Urgency Ordinance to be published in a newspaper of general circulation in accordance with Government Code Section 36933 of the State of California.

Ordinance No _ Page 2 of 3

Introduced: ——-, 2015 Passed and Adopted:

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RODRIGO ESPINOZA, Mayor

of the City of Livingston

ATTEST:

State of California ) County of Merced ) City of Livingston )

I hereby certify that the foregoing Ordinance was duly introduced at a Regular Meeting of the City Council of the City of Livingston on the _ day of , 201_, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston this day of—- 201_, by the following vote:

AYES:

NOES:

ABSENT:

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2436041.1

Ordinance No

ANTONIO SILVA, City Clerk of the City of Livingston

Page 3 of 3

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RESOLUTION NO. 2015-_

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON PROCLAIMING A LOCAL DROUGHT EMERGENCY AND IMPLEMENTING MANDATORY WATER USE RESTRICTIONS AND RESCINDING RESOLUTION 2014-1

WHEREAS, on January 17, 2014, Governor Edmund G. Brown Jr. issued Proclamation No. 1-17-2014 declaring a State of Emergency for in California due to severe drought conditions and calling on Californians to reduce their water usage by twenty percent (20%); and

WHEREAS, on April 25, 2014, the Governor issued an Executive Order to strengthen the State’s ability to manage water and directed the State Water Resources Control Board ("SWRCB"), under its authority in California Water Code Section 1058.5, to adopt emergency regulations as it deems necessary to address water shortage conditions; and

WHEREAS, on July 15, 2014, the SWRCB adopted California Code of Regulations, Title 23, Sections 863, 864, and 865, emergency regulations finding a drought emergency in California and imposing water conservation measures on individuals and water suppliers; and

WHEREAS, Section 864 applies to all Californians and prohibits certain activities in promotion of water conservation, many of which are already required by the City of Livingston; and

WHEREAS, Section 865 requires mandatory outdoor irrigation restrictions and reporting by water suppliers, including urban water suppliers like the City of Livingston; and

WHEREAS, on July 28, 2014, the State Office of Administrative Law approved the SWRCB’s proposed regulation and it became law; and

WHEREAS, on April 1, 2015, Governor Brown issued an Executive Order requiring mandatory water conservation measures to achieve a statewide reduction in potable water use of twenty-five percent (25%); and

WHEREAS, the City has promoted conservation and on February 21, 2014 adopted Resolution 2014-1 imposing outside watering restrictions; and

WHEREAS, the City has achieved an eighteen percent (18%) reduction in average per capita water use from 2013 to 2014; and

WHEREAS, the City relies solely on groundwater for its potable water supply; and

WHEREAS, groundwater levels have been declining significantly and are impacting the reliability of some of the City’s water supply wells; and

WHEREAS, water conservation can reduce the City’s Maximum Day Demand and increase the reliability of its water supply.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livingston hereby resolves as follows:

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1. The City Council of the City of Livingston hereby declares a local drought emergency and recognizes that needs to adopt mandatory water conservation measures so that the water supply can be conserved for the greater public benefit; and

2. The goal of the mandatory measures is to achieve a minimum of twenty-five percent (25%) water conservation.

3. This emergency condition shall be presumed to continue unchanged unless and until a contrary finding is made by the City Council by resolution.

4. The following MANDATORY water conservation measures are hereby adopted, in compliance with the SWRCB’s July 15, 2014 emergency drought regulations (collectively, the "Outdoor Water Use Restrictions"):

a. Outdoor irrigation of ornamental landscapes or turf with potable water shall be limited to two (2) days per week in accordance with the following schedule:

i. Addresses ending in an even number shall only water on Tuesdays and Saturdays.

ii. Addresses ending in an odd number shall only water on Thursdays and Sundays.

iii. No outdoor irrigation on Mondays, Wednesdays and Fridays.

b. No outdoor irrigation of ornamental landscapes or turf with potable water is permitted between the hours of 9am and 8pm, except for drip irrigation, soaker hoses and hand watering;

c. No outdoor irrigation is permitted within forty-eight (48) hours of a storm event;

d. No excessive water flow or runoff onto pavement, sidewalks, gutters or ditched from watering or irrigating landscapes or vegetation of any kind;

e. No car washing is allowed on Mondays, Wednesdays and Fridays except for commercial car washes equipped with a recirculating system. Car washing (except commercial car washes) shall be done by using a hand-held bucket or a hand-held hose equipped with a positive self-closing water shut-off nozzle.

f. The application of potable water to driveways and sidewalks is prohibited, except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a state or federal agency; and

g. The use of potable water in a fountain or other decorative water feature is prohibited, except where the water is part of a recirculating system.

h. Property owners must fix leaks, breaks or malfunctions when they find them, or within seventy-two (72) hours of receiving a notice from the City;

5. The City Council of the City of Livingston authorizes the City Manager to direct staff to further promote water conservation by:

a. Providing notice of the new regulations in English, Spanish and Punjabi in bill inserts, and City’s webpage.

b. Training staff on the new regulations.

c. Providing information to customers regarding opportunities to save water.

d. Conducting water loss audits and make leak detection and repair a top priority for the duration of the drought.

e. Preparing and submitting to the SWRCB the monitoring reports described in California Code of Regulations, Title 23, Section 865(d).

6. Per CCR Title 23, Section 864, the taking of any action prohibited in this resolution, in addition to any other applicable civil or criminal penalties, is an infraction, punishable by a fine of up to five hundred dollars ($500.00) for each day in which the violation occurs. Consistent with Section 864, violators will be assessed fines, after an initial warning, in accordance to the following schedule:

a. Warning for the first violation

b. $100 for the second violation

c. $200 for the third violation

d. $500 for the fourth violation and any other violation within a twelve (12)-month period.

7. Council also authorizes the City Manager to direct staff to monitor compliance and to enforce in the event the desired response is not being achieved.

8. Council’s adoption of the proposed Outdoor Water Use Restrictions is categorically exempt from CEQA under CEQA Guidelines 15307 (Actions by Regulatory Agencies for Protection of Natural Resources).

9. Resolution 2014-1 is hereby rescinded.

Passed and adopted this day of May, 2015, by the following vote:

AYES:

NOES:

ABSENT:

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ATTEST:

Rodrigo Espinoza, Mayor of the City of Livingston

I, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a Regular Meeting of the City Council of the City of Livingston this _ day of May, 2015.

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Antonio Silva, City Clerk of the City of Livingston

2436042.1

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