HomeMy WebLinkAboutResolution 2022-130 N.C.S. 08/01/2022 Resolution No. 2022-130 N.C.S. Page 1
Resolution No. 2022-130 N.C.S.
of the City of Petaluma, California
REPEALING RESOLUTION NO. 2021-151 N.C.S. AND AUTHORIZING THE CITY MANAGER TO IMPLEMENT STAGE 4 OF THE CITY’S AMENDED 2020 WATER SHORTAGE CONTINGENCY PLAN WITHIN THE AREA SERVED BY THE CITY OF PETALUMA PUBLIC WATER SYSTEM
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 the consecutive critically dry years; and WHEREAS, on March 22, 2021, the State Water Resources Control Board (State Water 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 the first of several states of drought emergency for various regions of California; 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 (“TAC”) to assist with the management and implementation of the
Restructured Agreement; and WHEREAS, on May 3, 2021, the WAC requested all water users to 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
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
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WHEREAS, on September 13, 2021, the City Council adopted Resolution No. 2021-151 N.C.S. implementing Stage 4 of the City’s WSCP and repealing Resolution No. 2021-103 N.C.S.; and
WHEREAS, on September 13, 2021, the City Council adopted Resolution No. 2021-150 N.C.S. declaring a local drought emergency; and WHEREAS, ongoing and historical dry conditions have resulted in severely low storage levels in Lake
Mendocino (61% of capacity as of July 14, 2022) and Lake Sonoma (52.5% of capacity as of July 14, 2022),
requiring Sonoma Water to file a Temporary Urgency Change Petition (TUCP) with the State Water Board for the second year in a row; and WHEREAS, on June 17, 2022, the State Water Board issued an order that approved the TUCP filed by
Sonoma Water which, among various terms and conditions, commits Sonoma Water and its contractors to reduce
total diversions from the Russian River by 20 percent from July 1 to October 31 compared to the same period in 2020; and WHEREAS, to meet the diversion reduction requirement of Sonoma Water’s current TUCP, and per the
terms of the Restructured Agreement, Sonoma Water utilized its water shortage allocation methodology and
model to derive supply allocations for the contractors including the City of Petaluma; and WHEREAS, in order to meet the monthly allocations from July 1 through October 31, 2022, the City must achieve the following percent reductions by month compared to 2020 usage for the same period: July (25.46%),
August (24.86%), September (27.12%), October (20.73%); and
WHEREAS, over the past year, the City has received feedback from water customers, developers, and City Councilmembers regarding water use restrictions of the 2020 WSCP and ways the City may improve the WSCP to respond to water shortage conditions more effectively; and
WHEREAS, the City prepared the Amended 2020 WSCP in accordance with water customer feedback and adapted the 2020 WSCP to help the City respond more effectively to short- and longer-term water shortage emergencies; 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, the continuous use of local groundwater to augment supply from Sonoma Water from July
through October may reduce local groundwater supply availability over time; and
WHEREAS, the City’s Public Works and Utilities staff is recommending that the City implement Stage 4 of the City’s Amended 2020 WSCP to ensure water supply reliability for the City through October 2022, to respond to water customer feedback regarding the current 2020 WSCP water use restrictions, and to respond quickly to
ever-changing and uncertain 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
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WHEREAS, the proposed action to adopt Stage 4 of the City’s Amended 2020 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
WHEREAS, alternatively, adoption of Stage 4 of the City’s Amended 2020 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 Amended 2020 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 Amended 2020 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, proclaimed by City Council on September 13, 2021, with Resolution No. 2021-150 N.C.S. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma as follows:
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, and CEQA Guidelines Sections 15304, minor alterations to land. Moreover, this action
is exempt pursuant to the “Emergency Exception” in CEQA Guideline section 15269(c) as this action is necessary to mitigate an emergency, pursuant to the local drought emergency declared by City Council on September 13, 2021, with Resolution No. 2021-150 N.C.S.
3. Resolution No. 2021-151 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 Amended 2020 WSCP, Stage 4, to realize a mandatory citywide, water use reduction of
30%, based upon the same period in 2020.
5. This resolution shall become effective immediately. 6. This resolution shall terminate and the then-in-effect 2020 Amended WSCP shall be suspended and revoked
once the current water shortage emergency conditions no longer exist, as determined by the City Manager.
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7. Under the currently-existing water shortage conditions, Stage 4 of the City’s Amended 2020 WSCP shall be implemented with the following modifications:
a. The application of potable water to sidewalks, driveways, buildings, structures, patios, parking lots, or other hard-surfaced areas is prohibited, except in cases where health and safety are at risk, or as determined by the City Manager.
b. Homeowner’s Associations are prohibited from reducing or eliminating the watering of vegetation or
lawns during a declared drought emergency, and from requiring a homeowner to reverse or remove water-efficient landscaping that has been installed in response to a drought emergency once a drought emergency is concluded.
c. Irrigation of landscaping with potable limited to two days a week, overnight Tuesday, and Saturday from
7 p.m. to 8 a.m. The City of Petaluma and City Schools may irrigate overnight Monday and Thursday between 7 p.m. and 8 a.m. All hoses used for hand watering must be equipped with a hose-end nozzle to eliminate water waste.
d. Water served in restaurants on request only.
e. Vehicle washing at commercial facilities only. f. Operators of hotels and motels to provide guests with option of choosing to have towels and linens
laundered daily.
g. Recycled water must be used for dust control when available. h. No new water hauler accounts permitted to purchase potable water, or as determined by the City Manager.
i. Operation of non-recirculating ornamental water fountains and water features prohibited. j. Frequency and type of landscape irrigation with potable water at parks, golf courses, landscape assessment districts, schools, medians, frontages, and commercial, industrial, and institutional water accounts to be
determined by the City Manager. Landscape irrigation frequency defined in item (c) above and may be
modified by the City Manager as appropriate. k. Moratorium on issuance of permits for new pools and spas.
l. City Council may consider a prohibition on filling and/or topping off existing pools and spas.
m. Number of recycled water haulers permitted to use recycled water for purposes other than construction to be determined by the City Manager.
n. Potable water meters for construction limited to use for water line hydrostatic testing, chlorination, and
building/plumbing tests. o. 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 the City Manager.
p. Street sweepers restricted to recycled water for street cleaning.
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q. Moratorium on installation of new landscapes or replanting of existing landscapes that require water, as follows:
- Commercial, Industrial, and Institutional (CII) water customers (excluding Multi-Family Residential water accounts) – Moratorium on the installation of new landscapes and replanting of existing landscapes that require potable water. Exception for CII customers that are approved for and participate in the City’s Mulch Madness Program between September 13, 2021 – ongoing. Verification of program
implementation is required prior to planting; only low and very low water use plants are allowed. Irrigation
is only allowed on Tuesday and Saturday, 7 p.m. to8 a.m. Exceptions may be made for replanting of community sports fields, or for specific tree planting projects as determined by City Manager. All plantings must follow the current restricted irrigation schedule.
- New Developments – No installation of new landscapes or replanting of existing landscapes that require
potable water for irrigation through October 31, or as determined by the City Manager. New developments may install landscaping that requires potable water between November 1 and April 30. Installation of high water use turf is prohibited. Irrigation of newly planted plants is only allowed on Tuesday and Saturday, 7 p.m. to 8 a.m. The City Manager may re-evaluate the planting rules and season depending on drought
conditions. Exception for stormwater treatment features that require planting and irrigation for stormwater
treatment in wet weather. Exception for mitigation plantings required by regulatory agencies such as the State Water Board and California Department of Fish and Wildlife (i.e., plantings for erosion control, habitat restoration, etc.) All plantings must follow the current restricted irrigation schedule.
- Single-Family and Multi-Family Residential water accounts – Installation of newly planted, high
water use turf is prohibited. Irrigation of newly planted plants is only allowed on Tuesday and Saturday, 7 p.m. to 8 a.m. Planting is not encouraged during the summer months.
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 1st day of August 2022, by the following vote:
Approved as to form: __________________________ City Attorney
AYES: Mayor Barrett, Vice Mayor Pocekay, Fischer, Healy, King, McDonnell
NOES: Barnacle
ABSENT: None
ABSTAIN: None
ATTEST: ______________________________________________ City Clerk ______________________________________________ Mayor
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