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HomeMy WebLinkAboutResolution 2021-103 N.C.S. 6/21/2021 Resolution No. 2021-103 N.C.S. Page 1 Resolution No. 2021-103 N.C.S. of the City of Petaluma, California RESOLUTION REPEALING RESOLUTIONS NO. 2016-104 N.C.S. AND NO. 2021-063 N.C.S. AND AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE CITY’S 2020 WATER SHORTAGE CONTINGENCY PLAN, STAGE 3 WITHIN THE AREA SERVED BY THE CITY OF PETALUMA PUBLIC WATER SYSTEM WHEREAS, the City of Petaluma is empowered to provide water service within certain boundaries; and WHEREAS, the Sonoma County Water Agency (Sonoma Water) is a wholesaler of water to the City; and WHEREAS, the City’s primary source of water supply is from Sonoma Water, which delivers imported water from the Russian River and from groundwater wells in the Santa Rosa Plain to the City of Petaluma; and WHEREAS, Lake Mendocino and Lake Sonoma, Sonoma Water’s water storage reservoirs, are at unprecedented low levels due to two consecutive critically dry years; and WHEREAS, the historical dry conditions have resulted in severely low storage levels in Lake Mendocino (44% of capacity) requiring a Temporary Urgency Change Order to be issued by the State Water Resources Control Board enabling lower in stream releases to the Russian River and preserving lake storage; and WHEREAS, storage level in Lake Sonoma (55.0 % of capacity as of June 14, 2021) is significantly below average and it will be necessary for Sonoma Water to file a Temporary Urgency Change Petition to address Lake Sonoma storage conditions; and WHEREAS, the Restructured Agreement for Water Supply, executed on June 23, 2006, by and between Sonoma Water, the Cities of Cotati, Petaluma, Rohnert Park, Santa Rosa, Sonoma and Forestville, the North Marin and Valley of the Moon Water Districts and the Town of Windsor, collectively known as the Water Contractors, creates the Water Advisory Committee (WAC) and Technical Advisory Committee (TAC), and WHEREAS, on May 3rd the WAC requested all water users increase water use efficiency by fixing leaks and eliminating water waste to help protect and preserve reliable drinking water supplies stored in Lake Mendocino and Lake Sonoma; and urge water customers to reduce water use by 20%; and WHEREAS, on March 22, 2021, the State Water Resources Control Board reported that 95% of California is experiencing Moderate to Exceptional Drought and called upon all water users to prepare for drought impacts; and WHEREAS, on April 21, 2021, Governor Newsom declared a drought emergency; and WHEREAS, on April 27, 2021, the Sonoma County Board of Supervisors adopted Resolution Proclaiming a Local Emergency to Drought Conditions in the Sonoma County Operational Area and Requesting the Governor to Seek a Presidential Declaration; and WHEREAS, Sonoma Water will require water contractors including the City of Petaluma to reduce demands by 20% for the months of July through the middle of December 2021 compared to similar months in 2020; and DocuSign Envelope ID: 6DCFEAC2-FD58-4899-9F45-7A7FDDCD8D92 Resolution No. 2021-103 N.C.S. Page 2 WHEREAS, the City has the authority and responsibility to adopt water demand reduction measures within its area of service; and WHEREAS, on May 3, 2021, the City Council adopted Resolution No. 2021-063 N.C.S. Implementing Stage 1 of the City’s 2015 Water Shortage Contingency Plan; and WHEREAS, the City Council declared a drought emergency within the area served by the City of Petaluma Public Water System in 2015 and 2016; and WHEREAS, on June 20, 2016, the City Council adopted Resolution No. 2016-104 N.C.S. establishing a voluntary goal of 10 percent reduction of City water demand, marking the end of the 2016 water shortage emergency; and WHEREAS, Public Works and Utilities staff is recommending the implementation of Stage 3 of the City’s Water Shortage Contingency Plan to help conserve our regional water supply and ensure water supply reliability for the City of Petaluma; and WHEREAS, this action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378 as Stage 1 is entirely voluntarily; Additionally, this action is exempt pursuant to CEQA Guideline sections 15307 and 15308 as the reduction of water is an action for the protection of the environment and natural resources; Moreover, this action is exempt pursuant to the “Emergency Exception” CEQA Guideline section 15269(c) as this action is necessary to mitigate an emergency. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma hereby: 1. Declares the above recitals are true and correct and hereby declared to be finding of the City Council of the City of Petaluma. 2. Finds that this action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378 as Stage 1 is entirely voluntarily. Additionally, this action is exempt pursuant to CEQA Guideline sections 15307 and 15308 as the reduction of water is an action for the protection of the environment and natural resources. Moreover, this action is exempt pursuant to the “Emergency Exception” CEQA Guideline section 15269(c) as this action is necessary to mitigate an emergency. 3. Repeals and replaces Resolutions No. 2016-104 N.C.S. and No. 2021-063 N.C.S. with this Resolution. 4. Directs the City Manager to implement a program of demand management as defined in the City of Petaluma Water Shortage Contingency Plan (2020) Stage 3 to realize a mandatory Citywide, water use reduction of 25 percent, based upon average use from 2018-2020. 5. Orders that this resolution shall become effective immediately. 6. Orders that under the water shortage conditions existing in Stage 3, Stage 3 of the City’s Water Shortage Contingency Plan shall be implemented with the following modifications: a. Water served in restaurants on request only. (Stage 2, currently in effect) b. No application of potable water for washing down pavement, except for health and safety, including sanitation. (Stage 1, currently in effect) DocuSign Envelope ID: 6DCFEAC2-FD58-4899-9F45-7A7FDDCD8D92 Resolution No. 2021-103 N.C.S. Page 3 c. Irrigation of landscaping with potable water shall be prohibited except overnight on Tuesday from 7:00 p.m. to Wednesday at 8:00 a.m., Thursday from 7:00 p.m. to Friday at 8:00 a.m., and Saturday from 7:00 p.m. to Sunday at 8:00 a.m. for all customers except for the City of Petaluma and City Schools. City of Petaluma and City Schools irrigation of landscape with potable water shall be prohibited except overnight on Monday from 7:00 p.m. to Tuesday at 8:00 a.m., Wednesday from 7:00 p.m. to Thursday at 8:00 a.m., and Friday from 7:00 p.m. to Saturday at 8:00 a.m. (Stage 2 Modified). d. Vehicle washing at commercial facilities only. (Stage 2) e. Operators of hotels and motels to provide guest with option of choosing to have towels and linens laundered daily. (Stage 2) f. Recycled water must be used for dust control when available. (Stage 2) g. No new water hauler accounts permitted to purchase potable water, or as determined by City Manager. (Stage 2) h. Operating ornamental water fountains and water features prohibited. (Stage 3) i. Frequency and type of landscape irrigation with potable water at parks, golf courses, landscape assessment districts, schools, medians, and frontages to be determined by City Manager. Landscape irrigation frequency defined in item (c) above and may be modified by City Manager as determined. j. Filling new swimming pools and spas prohibited. (Stage 3) k. Number of recycled water haulers permitted to use recycled water for purposes other than construction to be determined by City Manager. (Stage 3) l. Potable water meters for construction limited to use for compaction of roadways, building pads, and trenches, and for water line hydrostatic testing and chlorination. Water meters for construction will be evaluated on case-by-case basis. (Stages 2 and 3) m. Current potable water hauler accounts will not be allowed to haul more than current allocation, and load accounts will be monitored for monthly usage. No new potable water hauler customers will be permitted, or as determined by City Manager. (Stage 3) Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Council of the City of Petaluma at a Regular meeting on the 21st day of June 2021, by the following vote: Approved as to form: __________________________ City Attorney AYES: Mayor Barrett; Vice Mayor Barnacle; Fischer; Healy; King; McDonnell; Pocekay NOES: None ABSENT: None ABSTAIN: None ATTEST: ______________________________________________ City Clerk ______________________________________________ Mayor DocuSign Envelope ID: 6DCFEAC2-FD58-4899-9F45-7A7FDDCD8D92