HomeMy WebLinkAboutResolution 2009-077 N.C.S. 06/01/2009Resolution No. 2009-077 N.C.S.
of the City of Petaluma, California
DECLARING A WATER SHORTAGE EMERGENCY AND
IMPLEMENTING STAGE 1 VOLUNTARY CONSERVATION
OF T>FIE CITY'S URBAN WATER SHORTAGE CONTINGENCY PLAN
WHEREAS, the City of Petaluma is a City empowered to provide water service within
certain boundaries; and,
WHEREAS, the Sonoma County Water Agency (Agency) is the wholesaler of water to
the City of Petaluma; and,
WHEREAS, in September 2008, the National Marine Fisheries Service issued its
Biological Opinion for Water Supply, Flood Control Operations, and Channel Maintenance
conducted by the U. S. Army Corps of Engineers, the Sonoma County Water Agency, and the
Mendocino county Russian River Flood Control and Water Conservation Improvement District
in the Russian River watershed (Biological Opinion). The Biological Opinion limits the flowrate
of water in Dry Creek from June through October, which in turn limits the amount of water the
Agency can release from Warm Springs Dam. The purpose of the Biological Opinion is to
protect three fish species in the Russian River system which have been listed as threatened or
endangered under the federal Endangered Species Act The Agency believes this will reduce the
amount of water it can deliver by about 10%; and,
WHEREAS, on April 6, 2009, the Agency submitted a Temporary Urgency Change
Petition to the State Water Resources Control Board (SWRCB), requesting amendments to its
Water Rights Permits in an effort to prevent the depletion of Lake Mendocino; and,
WHEREAS, in response to the Agency's petition, on April 6, 2009, the SWRCB issued
Order WR 2009-0027-DWR (Order) to the Agency, which requires the Agency to:
• Undertake six Russian River studies, including monitoring of Chinook salmon
throughout the Russian River, monitoring temperature in Lake Mendocino and the
Russian River, and preparation of a Russian River Water Quality Monitoring Plan.
• Reduce Russian River diversions by 25 percent from April 6 through October 2, 2009
(the Order doesn't specify what year this reduction is relative too, but it is assumed to
be 2004).
• Prohibit irrigation of "commercial turf grass" within its service area from May 1
through October 2, 2009.
• Conduct a number of water conservation activities, including obtaining the
cooperation of agricultural and municipal Russian River water users to reach a water
conservation goal of 25% in Sonoma County and 50% in Mendocino County.
• Prepare a water conservation status report for the SCWA's service area and other
areas served by Lake Mendocino.
• Prepare a water conservation plan for SCWA's service area and other areas served by
Lake Mendocino.
Resolution No. 2009-077 N.C.S. Page l
® Explain SCWA's authority to impose mandatory water conservation measures.
® Submit monthly reports on SCWA's progress to gain the cooperation and
participation of water users in conserving water and preventing waste.
WHEREAS, the City of Petaluma and several other agencies have protested the
SWRCB's Order on the grounds that requiring a 25% reduction in diversion from the Russian
River by the Agency is not supported by the Analysis conducted by the Agency, exceeds the
level of protection needed for the beneficial interests of concern to the SWRCB, harms the Water
Contractors and their customers, and that the ban on commercial turf grass irrigation limits the
water rights of the Agency and prohibits the lawful use of water. The City and the Water
Contractors presented their petitions to the SWRCB at a public workshop on May 6, 2009; and,
WHEREAS, on May 12, 2009, the Agency's Board of Directors declared the Agency's
water transmission system temporarily impaired because, according to the Agency, "The Water
Contractors object to setting water rates at the level the Agency deems necessary to fully operate
the transmission system"; and,
WHEREAS, even though the Agency has not yet declared a water shortage emergency
nor reduced water allocations to the City of Petaluma and other municipal customers of the
Agency, the Agency has indicated that the combined effect of the B.O., the Order and the
temporary impairment of its water transmission system will result in reduced water deliveries to
-its water contractors this summer; and,
WHEREAS, in response to the Agency's announcement that it will deliver less water to
its customers, City staff recommends implementing of Stage 1 Voluntary of the City's Urban
Water Shortage Contingency Plan, and the use of a range of water resources to meet water
demands, including conservation, Agency water, recycled water, and up to 1,200 AF/yr of local
supply; and,
WHEREAS, even though current conditions indicate the implementation of Stage 1
Voluntary Conservation Measures with a goal of reducing water demand by up to 15%, in
combination with other City conservation, local supply and reuse programs, will leave sufficient
water available for human consumption, sanitation and fire protection in the City, the City is
prepared to implement Stage 2 Mandatory Conservation Measures or take further demand
management actions if necessary.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PETALUIVIA AS FOLLOWS:
1. The above recitals are true and correct and hereby declared to be findings of the City
Council of the City of Petaluma.
2. The City Council directs the City Manager to implement a program of Stage 1 Voluntary
Demand Management with a goal of reducing.water demand by up to 15%.
3. The City Council directs the City Manager to utilize a range of water resources to meet
water demands in FY 09-10, including water conservation, Agency water, recycled water
and up to 1,200 AF/year of local supply.
4. The water shortage emergency declaration shall remain in effect until November 1, 2009,
unless extended by the City Council.
5. Notwithstanding this water shortage emergency declaration, the City Council finds
that with Stage 1 Voluntary Water Conservation and other actions authorized by this
Resolution No. 2009-077 N.C.S. Page 2
resolution and/or existing City conservation, local supply and reuse programs, the water
supply available to the city is adequate to ensure that the resulting usage will leave
sufficient water available for human consumption, sanitation and fire protection, and
therefore the provisions of Petaluma Municipal Code Chapter 15.18, "Water Shortage
Emergency Regulations," are suspended. If conditions change and further action is
warranted, the City may implement further demand management measures such as
mandatory conservation (i.e. Stage 2 Mandatory Conservation Measures), or implement
the provisions of Petaluma Municipal Code Chapter 15.18, "Water Shortage Emergency
Regulations," or take other action as may be deemed necessary by the City Council.
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 15` day of June, 2009,
by the following vote:
AYES: Vice Mayor Barrett, Glass, Harris, Healy, Rabbitt, Renee, Mayor Torliatt
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
City
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