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CITY OF LIVINGSTON URGENCY ORDINANCE NO. 623
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 ("MOD"). MOD 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
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:
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