4 Ordinance No. 623

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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:

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 Mandatory 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 provision 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.

Introduced: May 5, 2015

Passed and Adopted: May 5, 2015

GURPAL SAMRA, Mayor Pro-Tern 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 5th day of May, 2015, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston this 5th day of May, 2015, by the following vote:

AYES: NOES: ABSENT:

Mayor Espinoza and Council Members Samra, Sicairos and Soria None

None

BETTY COTA, Deputy City Clerk of the City of Livingston

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