HomeMy WebLinkAboutResolution 2021-151 N.C.S. 9/13/2021 Resolution No. 2021-151 N.C.S. Page 1
Resolution No. 2021-151 N.C.S.
of the City of Petaluma, California
RESOLUTION REPEALING RESOLUTION NO. 2021-103 N.C.S. AND AUTHORIZING THE CITY
MANAGER TO IMPLEMENT STAGE 4 OF THE CITY’S 2020 WATER SHORTAGE
CONTINGENCY PLANWITHIN THE AREA SERVED BY THE CITY OF PETALUMA PUBLIC
WATER SYSTEM, AND TO IMPLMENT THE CITY’S 2020 WATER SHORTAGE CONTINGENCY
PLAN, STAGES 5-6, AS WARRANTED BY FUTURE WATER SHORTAGE LEVELS
WHEREAS, the City of Petaluma is a California municipal corporation and charter city authorized to
provide water services within certain boundaries in accordance with Government Code Section 38730 et seq.,
Title 15 of the Petaluma Municipal Code, and other applicable law; and
WHEREAS, the Sonoma County Water Agency (Sonoma Water) is a wholesale supplier of water to the City
of Petaluma and other municipal water contractors pursuant to the Restructured Agreement for Water Supply
(“Restructured Agreement,”) 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; and
WHEREAS, the City’s primary source of water supply is Sonoma Water, which delivers imported water
from the Russian River and from groundwater wells in the Santa Rosa Plain to the City of Petaluma pursuant to
the Restructured Agreement; 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, 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 Due to Drought Conditions in the Sonoma County Operational Area and Requesting the
Governor to Seek a Presidential Declaration; and
WHEREAS, the Restructured Agreement provides for the creation of a Water Advisory Committee (“WAC”)
and Technical Advisory Committee (“’) to assist with management and implementation of the Restructured
Agreement; and
WHEREAS, on May 3, 2021 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 urged water customers to reduce water use by 20%; 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 (WSCP); and
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WHEREAS, historical dry conditions have resulted in severely low storage levels in Lake Mendocino (28.2%
of capacity as of August 20, 2021) requiring the State Water Resources Control Board (SWRCB) to adopt an
emergency regulation authorizing the Division of Water Rights to issue curtailment notices to water right s holders
in the Russian River watershed to protect water storage levels; and
WHEREAS, the storage level in Lake Sonoma (48.2% of capacity as of August 20, 2021) is significantly
below average, and on June 14, 2021, the SWRCB issued an order to protect lake storage levels that reduced
instream flow requirements in the lower Russian River and required that Sonoma Water and its contractors reduce
total diversion from the Russian River by 20% compared to the same period of 2020 from July 1 through
October 31; and
WHEREAS, Sonoma Water, in response to the SWRCB order issued on June 14, 2021, required all water
contractors, including the City of Petaluma, to meet a mandatory 20% reduction in water use from July 1, 2021
through October 31, 2021 as compared to the same period of 2020; and
WHEREAS, the City of Petaluma has the authority and pursuant to the Restructured Agreement is obligated
to adopt water demand reduction measures within its area of service during water supply shortages in accordance
with water supply reductions imposed by Sonoma Water; and
WHEREAS, on June 21, 2021, the City Council adopted Resolution No. 2021-103 N.C.S. Implementing
Stage 3 of the City’s 2020 WSCP; and
WHEREAS, the City of Petaluma achieved a 25.58% reduction in Sonoma Water supply compared to the
average of 2018-2020 for the same period in July 2021, and achieved a 31.02% reduction in Sonoma Water supply
in August 2021 through implementation of Stage 3 of the City’s 2020 WSCP, and use of local groundwater supply
to augment reduced supply from Sonoma Water; and
WHEREAS, the City’s water allocation from Sonoma Water for September is 390,000 gallons per day less
than August, and October is 960,000 gallons per day less than September; and
WHEREAS, the continuous use of local groundwater to augment supply from Sonoma Water is reducing
local groundwater supply availability over time; and
WHEREAS, if drought conditions persist, Sonoma Water may reduce the City of Petaluma’s water allocation
below October 2021 levels; and
WHEREAS, the City’s Public Works and Utilities staff is recommending that the City implement at Stage 4
of the City’s WSCP to help conserve our regional water supply, ensure water supply reliability for the City, and
to respond quickly to everchanging water supply conditions; and
WHEREAS, this action was analyzed under the California Environmental Quality Act (CEQA) on June 7,
2021 when City Council adopted the UWMP of which the WSCP is a component; and
WHEREAS, the proposed action to adopt Stage 4 of the City’s WSCP is exempt from the requirements of
the California Environmental Quality Act (“CEQA”) in accordance with CEQA Guidelines Section 15378, as
adopting the WSCP does not meet CEQA's definition of a “project,” because the action does not have the potential
for resulting either a direct physical change in the environment or a reasonably foreseeable indirect physical
change in the environment, and because the action constitutes organizational or administrative activities of
governments that will not result in direct or indirect physical changes in the environment; and
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WHEREAS, alternatively, adoption of Stage 4 of the City’s WSCP is exempt from the requirements of CEQA
pursuant to California Water Code Section 10652 which exempts from CEQA review the preparation and
adoption of Urban Water Management Plans and projects which implement Urban Water Management Plans
pursuant to Water Code Section 10632; and
WHEREAS, additionally, implementation of Stage 4 of the City’s WSCP is exempt from the requirements
of CEQA 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; and
WHEREAS, implementation of Stage 4 of the City’s WSCP is exempt from the requirements of CEQA
pursuant to the “Emergency Exception” in CEQA Guideline section 15269(c), as this action is necessary to
mitigate a drought emergency, in accordance with Item 5.C on the September 13, 2021 City Council agenda.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma as follow:
1. The above recitals are hereby declared to be true and correct and to be findings of the City Council of the City
of Petaluma.
2. This action was analyzed under CEQA on June 7, 2021 when the City Council adopted the City’s UWMP, of
which the WSCP is a component. Alternatively, this action is exempt from CEQA requirements pursuant to
California Water Code Section 10652 which exempts from CEQA review the preparation and adoption of
Urban Water Management Plans and projects that implement the urban water management plans pursuant to
Water Code Section 10632. Additionally, this action is exempt from CEQA requirements 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” in CEQA
Guideline section 15269(c) as this action is necess ary to mitigate an emergency, in accordance with Item 5.C
on the September 13, 2021 City Council agenda.
3. Resolution No. 2021-103 N.C.S. is hereby repealed and replaced and superseded in its entirety by this
Resolution.
4. The City Manager is authorized and directed to implement a program of demand management as defined in
the City of Petaluma WSCP (2020), Stage 4, to realize a mandatory Citywide, water use reduction of 30
percent, based upon same period in 2020.
5. The City Manager is authorized and directed to implement Stages 5-6 of the 2020 WSCP, as warranted by
future water shortage levels to achieve additional Citywide water use reduction in response to the current
drought emergency, such as when the gap between water supply and water demand requires a water
conservation target of 30% or greater, or when a modification to Stage 4 or Stages 5-6 is required to achieve
a 30% or greater reduction in citywide water use compared to the same period from 2020.
6. This resolution shall become effective immediately.
7. This resolution shall terminate and the then-in-effect WSCP shall be suspended and revoked once the current
water shortage emergency conditions no longer exist, as determined by the City Manager.
8. Under the currently-existing water shortage conditions, Stage 4 of the City’s WSCP shall be implemented
with the following modifications:
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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)
c. Irrigation of landscaping with potable water shall be prohibited except on Tuesday from 4:00 a.m. to 8:00
a.m. and Saturday from 4:00 a.m. to 8:00 a.m. for all water customers. Hand watering of trees allowed
Monday through Saturday between 4:00 a.m. and 8:00 a.m. City of Petaluma may hand water trees
Monday through Friday from 7:00 a.m. to 4:00 p.m. All hoses used for hand watering must be equipped
with a hose-end nozzle to eliminate water waste. (Stage 2 Modified)
d. Vehicle washing at commercial facilities only. (Stage 2, currently in effect)
e. Operators of hotels and motels to provide guest with option of choosing to have towels and linens
laundered daily. (Stage 2, currently in effect)
f. Recycled water must be used for dust control when available. (Stage 2, currently in effect)
g. No new water hauler accounts permitted to purchase potable water, or as determined by City Manager.
(Stage 2, currently in effect)
h. Operating ornamental water fountains and water features prohibited. (Stage 3, currently in effect)
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. (Stage 3,
currently in effect)
j. Filling new swimming pools and spas prohibited. (Stage 3, currently in effect)
k. Number of recycled water haulers permitted to use recycled water for purposes other than construction to
be determined by City Manager. (Stage 3, currently in effect)
l. Potable water meters for construction limited to use for water line hydrostatic testing and chlorination.
Water meters for construction will be evaluated on case-by-case basis. (Stage 3, modified)
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. The Santa Rosa Plain Drought Resiliency Project is exempt from this
provision. (Stage 3, currently in effect)
n. Filling or topping off existing swimming pools and spas prohibited, except for public facilities (Stage 4)
o. Moratorium on installation of new landscapes or replanting of existing landscapes that require water.
(Stage 4)
p. Street sweepers restricted to recycled water for street cleaning. (Stage 4)
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 13th day of
September 2021, by the following vote:
Approved as to
form:
__________________________
City Attorney
AYES: Mayor Barrett; Vice Mayor Barnacle, Fischer; King; McDonnell, Pocekay
NOES: Healy
ABSENT: None
ABSTAIN: None
ATTEST: ______________________________________________
City Clerk
______________________________________________
Mayor
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