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HomeMy WebLinkAboutItem 3a - Resolution No. 7044, Water Conservation PlanDATE: August 5, 2014 STAFF REPORT Public Works Services Department TO: Honorable Mayor and City Council FROM: Tom Tait, Public Works Services Director By: Vanessa Hevener, Environmental Services Officer SUBJECT: RESOLUTION NO. 7044 IMPLEMENTING PHASE I OF THE CITY OF ARCADIA WATER CONSERVATION PLAN Recommendation: Adopt SUMMARY On January 17, 2014, Governor Brown issued a drought emergency proclamation following three dry years in California. In response, the City Council adopted Resolution No. 7009 on February 18, 2014, asking Arcadia water customers to reduce water usage by 20 %. State water officials indicate that reservoirs, rainfall totals, and the snowpack remain critically low. On April 25, 2014, the Governor issued an executive order to strengthen the state's ability to manage water and habitat effectively in drought conditions and called on all Californians to redouble their efforts to conserve water. There is no guarantee that winter precipitation will alleviate the drought conditions, and current voluntary water conservation efforts are not resulting in the state conserving water. Therefore, the State Water Board recently adopted emergency conservation regulations to ensure that water agencies and their customers increase water conservation in urban settings. As a result, it is recommended that the City Council adopt Resolution No.7044 implementing Phase I of the City's Water Conservation Plan. BACKGROUND On February 18, 2014, the City Council adopted Resolution No. 7009 to implement a voluntary Water Conservation Program to reduce water use by 20 %, consistent with Governor Brown's drought declaration in January 2014. The City itself has implemented water saving strategies, which have helped in reducing the City's overall water use. For example, the City has retrofitted all City -owned facilities with water conserving fixtures and appliances, expanded the use of drought tolerant and /or California native plants in City -owned landscaped areas, replaced turf with artificial turf, and installed drip irrigation in some medians and City -owned facilities. The City also offers free residential Resolution No. 7044 implementing Phase I of Mandatory Water Conservation Plan August 5, 2014 Page 2 of 4 landscape audits, and Arcadia residents have access to rebate programs offered through the Upper San Gabriel Valley Municipal Water District. In addition, the City employed a variety of public outreach efforts to encourage residents and businesses to reduce their water consumption, including utilizing the City's media resources such as the City website, Twitter, Nixle, newsletter, NextDoor, Hot Sheet, water bills, direct mailers and advertisement in local newspapers. Residents have responded positively to our efforts by scheduling irrigation audits at their homes and notifying the Public Works Services Department of observed water leaks. Despite these efforts, water demands this year were about 1 %more than last year. Although, the 20 %water conservation goal was not achieved, it is important to note that there was approximately 60% less rainfall this year compared to last year. It is reasonable to assume that Arcadia water customers did indeed conserve outdoor water use, through efficient use during periods of sparse or no rainfall. DISCUSSION On July 15, 2014, the State Water Resources Control Board adopted emergency water conservation regulations consisting of three elements: 1) water restrictions on outdoor water use for all Californians; 2) a requirement that water suppliers implement their Water Shortage Contingency Plans; and 3) the requirement that water suppliers provide monthly data on water production. As a result of the State's emergency regulation, it is recommended that the City Council adopt Resolution No. 7044 implementing Phase I of the Water Conservation Plan, which calls for the prohibition of certain outdoor water use activities including the following: • No hose washing of sidewalks, walkways, driveways or parking areas • No water shall be used to clean, fill or maintain levels in decorative fountains unless such water is part of a recycling system • No restaurant, hotel, cafe, cafeteria, or other public place where food is served or offered for sale shall serve drinking water to any customer unless expressly requested by the customer • No customer of the Water Division shall permit water to leak from any facilities on his premises • No lawn, landscape, or other turf areas shall be watered or irrigated between the hours of 10:OOAM and 4:OOPM • No lawn, landscape, or other turf areas shall be watered in a wasteful manner (Includes water sheeting off driveways, sidewalks, and over curbs) Resolution No. 7044 implementing Phase I of Mandatory Water Conservation Plan August 5, 2014 Page 3 of 4 These prohibitions, which are set to expire automatically after 270 days, unless extended by the State Water Board, are necessary to save water supplies. Should the drought persist into next year or worsen in the coming months, the City may need to look at moving to Phase II of the Water Conservation Plan, which is a mandatory 10% customer curtailment in water use from the "base" year (See Water Conservation Plan). The City will continue to utilize the existing public education campaign methods described above to educate water customers on the mandatory water conservation prohibitions and current water conservation practices. Public Works Services staff will monitor the Phase 1 prohibited water uses and issue warnings to water customers who are not using water efficiently. Staff will also work with Code Enforcement personnel on a process for issuing administrative citations and fines to water customers who fail to correct the violation(s) after multiple notices. ENVIRONMENTAL IMPACT The adoption of Resolution No. 7044 and the implementation of Phase I of the City's Water Conservation Plan is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15268 and California Public Resources Code Section 21080(b)(1) as a ministerial action. The state's emergency regulation mandates that each urban water supplier implement all requirements and actions of the stage of its water shortage contingency plan that imposes mandatory restrictions on outdoor irrigation. Phase I of the City's Water Conservation Plan imposes mandatory restrictions on outdoor irrigation including prohibitions on watering lawns or other landscape between the hours of 10:OOAM and 4:OOPM and providing that no lawns or other landscape shall be watered in a wasteful manner. Therefore, the City's action to implement Phase I of the City's Water Conservation Plan is not a discretionary action and as such it is statutorily exempt from CEQA. FISCAL IMPACT Conservation efforts will result in pumping less groundwater, which will result in the City's purchase of a lesser quantity of expensive Replacement Water from the Upper San Gabriel Valley Municipal Water District. A significant savings would be expected in operating costs as a result and a similar loss in revenues would be anticipated due to customers reducing demand. Given that current water rates do not fully cover the costs of Replacement Water, the net change would be an overall positive impact to City finances. A 20% reduction in water produced would equal 3,300 acre feet. Replacement water is currently $673.00 per acre foot, therefore, a savings of $2,220,900 would be realized by the City and, ultimately, its customers. Resolution No. 7044 implementing Phase I of Mandatory Water Conservation Plan August 5, 2014 Page 4 of 4 RECOMMENDATION It is recommended that the City Council adopt Resolution No. 7044 implementing Phase I of the Water Conservation Plan (as set forth in Arcadia Municipal Code Section 7553 et seq.). Approved: Dominic Lazzar t City Manager Attachment: Water Conservation Plan Resolution No. 7044 Municode Page 2 of 9 7553.13. ENVIRONMENT. 7553. SCOPE. There is hereby established a City of Arcadia Water Conservation Plan. 7553.1. DECLARATION OF POLICY. It is hereby declared that, because of the conditions prevailing in the City of Arcadia and in the areas of this State and elsewhere from which the city obtains its water supplies, the general welfare requires that the water resources available to the City to be put to the maximum beneficial use to the extent to which they are capable, and that the waste or unreasonable use or unreasonable method of use of water be prevented, and the conservation of such waters is to be exercised with a view to the reasonable and beneficial use thereof in the interests of the people of the City and for the public welfare. 7553.2. DECLARATION OF URGENCY. Pursuant to Arcadia City Charter Sections 415 and 419, the Council of the City of Arcadia hereby finds and declares that there exists within this City a water shortage emergency condition and that, as a result, there is an urgent necessity to take legislative action through the exercise of the police power to protect the public peace, health and safety of this City from a public disaster or calamity. 7553.3. DECLARATION OF PURPOSE. The purpose of this Urgency Ordinance is to provide a mandatory water conservation plan to minimize the effect of a shortage of water to the customers of the City and, by means of this Urgency Ordinance, to adopt provisions that will significantly reduce the consumption of water over an extended period of time, thereby extending the available water required for the customers of the City while reducing the hardship of the City and the general public to the greatest extent possible. 7553.4. DEFINITIONS. The following words and phrases, whenever used in this Urgency Ordinance, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined within individual sections of this Urgency Ordinance. 7553.4.1. "Customer" means any person, persons, association, corporation or governmental agency supplied or entitled to be supplied with water service by the Water Division. 7553.4.2. "Base period" means that period of time over which the base is computed. 7553.4.3. "Base" means the amount of water used on a customer's premises during the corresponding billing period as determined by the Water Division. Any customer who was not a customer on the premises for which service was billed by the Water Division during the base period shall be assigned the same base for such or similar premises as provided above, and the Water Division shall have the further discretion to adjust such base in https: /Ilibrary.municode. comlprint. aspx ?h= &client1D= 16197 &HTMReques... 7/18/2014 Municode Page 3 of 9 the event such customer's use of the premises is substantially different from the previous use thereof during the base period. 7553.4.4. "Billing unit" means the unit amount of water used to apply water rates for purposes of calculating commodity charges for customer water usage and equals one hundred (100) cubic feet or seven hundred forty -eight (748) gallons of water. 7553.5. AUTHORIZATION. The various officers, boards, departments, bureaus and agencies of the City are authorized and directed to immediately implement the applicable provisions of this Urgency Ordinance upon the effective date hereof. 7553.6. APPLICATION. The provisions of this Urgency Ordinance shall apply to all customers and property served by the Water Division wherever situated, and shall also apply to all property and facilities owned, maintained, operated or under the jurisdiction of the various officers, boards, departments, bureaus or agencies of the City. 7553.7. WATER CONSERVATION PHASES. No customer of the Water Division shall make, cause, use, or permit the use of water from the Water Division for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this Urgency Ordinance or in an amount in excess of that use permitted by the conservation phase then in effect pursuant to action taken by the City Council in accordance with the provisions of this Urgency Ordinance. 7553.7.1. PHASE 1. PROHIBITED USES APPLICABLE TO ALL CUSTOMERS. (a) There shall be no hose washing of sidewalks, walkways, driveways, or parking areas. (b) No water shall be used to clean, fill or maintain levels in decorative fountains unless such water is part of a recycling system. (c) No restaurant, hotel, cafe, cafeteria or other public place where food is served or offered for sale, shall serve drinking water to any customer unless expressly requested by the customer. (d) No customer of the Water Division shall permit water to leak from any facility on his premises. (e) No lawn, landscape, or other turf areas shall be watered or irrigated between the hours of 10:00 a.m. and 4:00 p.m. (f) No lawn, landscape or other turf areas shall be watered in a wasteful manner. 7553.7.2. PHASE II. PROHIBITED USES APPLICABLE TO ALL CUSTOMERS. No use of water may be made contrary to the provisions of subsection 7553.7.1. 7553.7.2.1. PHASE II. CUSTOMER PERCENTAGE CURTAILMENT. No customer shall make, cause use or permit the use of water from the Water Division for any purpose in an amount in excess of ninety percent (90 %) of the amount used during the base period as defined in this Urgency Ordinance. https: // library. municode .com / print. aspx ?h= &clientlD= 16197 &HTNMeques... 7/18/2014 Municode Page 4 of 9 7553.7.3. PHASE Ill. PROHIBITED USES APPLICABLE TO ALL CUSTOMERS. No use of water may be made contrary to the provisions of subsection 7553.7.1. 7553.7.3.1. PHASE Ill. CUSTOMER PERCENTAGE CURTAILMENT. No customer shall make, cause, use or permit the use of water from the Water Division for any purpose in an amount in excess of eighty -five percent (85 %) of the amount used during the base period as defined in this Urgency Ordinance, 7553.7.4. PHASE IV. PROHIBITED USES APPLICABLE TO ALL CUSTOMERS. No use of water may be made contrary to the provisions of subsection 7553.7.1. 7553.7.4.1. PHASE IV. CUSTOMER PERCENTAGE CURTAILMENT. No customer shall make, cause, or permit the use of water from the Water Division for any purpose in an amount in excess of eighty percent (80 %) of the amount used during the base period as defined in this Urgency Ordinance. 7553.7.5. PHASE V. PROHIBITED USES APPLICABLE TO ALL CUSTOMERS. No use of water may be made contrary to the provisions of subsection 7553.7.1. 7553.7.5.1. PHASE V. CUSTOMER PERCENTAGE CURTAILMENT. No customer shall make, cause, use or permit the use of water from the Water Division for any purpose in an amount in excess of seventy -five percent (75 %) of the amount used during the base period as defined by this Urgency Ordinance. 7553.7.6. PHASE V1. PROHIBITED USES APPLICABLE TO ALL CUSTOMERS. No use of water may be made contrary to the provisions of Section 7553.7.1. (Added by Ord. 2036 adopted 4 -4 -95) 7553.7.6.1. PHASE VI. CUSTOMER PERCENTAGE CURTAILMENT. No customer shall make, cause, use or permit the use of water from the Water Division for any purpose in an amount in excess of seventy percent (70 %) of the amount used during the base period as defined in this Ordinance. (Added by Ord. 2036 adopted 4 -4 -95) 7553.7.7. PHASE VII, PROHIBITED USES APPLICABLE TO ALL CUSTOMERS. No use of water may be made contrary to the provisions of Section 7553.7.1. (Added by Ord. 2036 adopted 4 -4 -95) 7553.7.7.1. PHASE V11. CUSTOMER PERCENTAGE CURTAILMENT. https:// library. municode .com /print.aspx ?h= &clientfD =1 b 197 &HTN4Reques... 7/18/2014 Municode Page 5 of 9 No customer shall make, cause, use or permit the use of water from the Water Division for any purpose in an amount in excess of sixty percent (60 %) of the amount used during the base period as defined in this ordinance. (Added by Ord. 2036 adopted 4 -4 -95) 7553.7.8. PHASE VIII. PROHIBITED USES APPLICABLE TO ALL CUSTOMERS. No use of water may be made contrary to the provisions of Section 7553.7.1. (Added by Ord. 2036 adopted 4 -4 -95) 7553.7.8.1. PHASE VIII. CUSTOMER PERCENTAGE CURTAILMENT. No customer shall make, cause, use or permit the use of water from the Water Division for any purpose in an amount in excess of fifty percent (50 %) of the amount used during the base period as defined in this Ordinance. (Added by Ord. 2036 adopted 4 -4 -95) 7553.7.9. EXCEPTION. The prohibited uses of water from the Water Division provided for by subsection 7553.7.1. of this Urgency Ordinance are not applicable to that use of water necessary for public health and safety or for essential governmental services such as police, fire, and other similar emergency services. (Renumbered by Ord. 2036 adopted 4 -4 -95) 7553.8. CONSERVATION PHASE IMPLEMENTATION. PHASE CHANGE INITIATION. The Water Division shall monitor and evaluate the projected supply and demand for water by its customers, and shall recommend to the City Council the extent of the conservation required by the customers of the Water Division in order for the Water Division to prudently plan for and supply water to its customers. Thereafter, the City Council, by Resolution, may order that the appropriate phase of water conservation be implemented, modified or rescinded in accordance with the applicable provisions of this Urgency Ordinance. Said Resolution shall become effective immediately upon adoption by the City Council and shall be published one time only in a daily newspaper of general circulation. The customer percentage curtailment provisions shall take effect with the first full billing period commencing on or after the effective date of the adoption by the City Council. 7553.8.1. CONSERVATION PHASE IMPLEMENTATION. EXCEPTIONS. Nothing contained in this Urgency Ordinance shall be deemed to require any customer of the Water Division to reduce his consumption of water provided by the Water Division to an amount less than twenty (20) billing units bimonthly at each meter during any billing period. 7553.9. FAILURE TO COMPLY. PENALTIES. https:Hlibrary.municode.com/ print. aspx ?h= &clientID= 16197 &HTXMeques... 7/18/2014 Municode Page 6 of 9 It shall be unlawful and a misdemeanor for any customer to fail to comply with any provision of this Urgency Ordinance. Civil penalties for failure to comply with any of the provisions of this Urgency Ordinance shall be as follows: 7553.9.1. FAILURE TO COMPLY. FIRST VIOLATION. For the first violation by any customer of the Water Division of any of the provisions of subsections 7553.72, 7553.7.3, 7553.7.4, 7553.7.5, 7553.7.6, 7553.7.7 and 7553.7.8, a surcharge penalty, in addition to the current water rate, is hereby imposed in an amount equal to two times the current water rate for those billing units used in excess of base. (Amended by Ord. 2036 adopted 4 -4 -95) 7553.9.1.1. FAILURE TO COMPLY. SECOND VIOLATION. For the second violation by any customer of the Water Division of any of the provisions of subsections 7553.7.2, 7553.7.3, 7553.7.4, 7553.7.5, 7553.7.6, 7553.7.7 and 7553.7.8, a surcharge penalty, in addition to the current water rate, is hereby imposed in an amount equal to three times the current water rate for those billing units used in excess of base. (Amended by Ord. 2036 adopted 4 -4 -95) 7553.9.1.2. FAILURE TO COMPLY. THIRD VIOLATION. For the third violation by any customer of the Water Division of any of the provisions of subsections 7553.7.2, 7553.7.3, 7553.7.4, 7553.7.5, 7553.7.6, 7553.7.7 and 7553.7.8, a surcharge penalty, in addition to the current water rate, is hereby imposed in an amount equal to four times the current water rate for those billing units used in excess of base. (Amended by Ord. 2036 adopted 4 -4 -95) 7553.9.1.3. FAILURE TO COMPLY. PENALTIES. PERIOD COVERED. Penalties will be assessed for a billing period in which a violation occurs. The first, second, and third violations will be determined by the number of items in the preceding twelve (12) months in which violations have occurred. 7553.9.2. CREDITS TOWARD WATER UNITS USED IN EXCESS OF ALLOTMENT (WATER BANKING PROGRAM). During Phases II through VI II of the Mandatory Water Conservation Plan, a customer whose water use is below the allotment for that billing period may carry forward this underused amount of water as credit to a future billing period ( "banking "). This underused amount of water may offset the use of water in excess of the allotment in a succeeding billing period or periods when a penalty would have been charged for overuse of water. When a customer has exhausted all credits, penalties as outlined in Sections 7553.9.1, 7553.9.1.1 and 7553,91.2 shall apply to water units used in excess of the allotment. Every time Phases II through Vlll of the Mandatory Water Conservation Plan are rescinded by Resolution of the City Council, all credits in the bank will be returned to zero and will not be carried over from one period of mandatory conservation to another. https :// library. municode. com/ print. aspx ?h =& cl ientlD= 16197 &HTXMeques... 7/18/2014 Municode Page 7 of 9 (Added by Ord. 2036 adopted 4 -4 -95) 7553.10. FAILURE TO COMPLY. RESERVATION OF RIGHTS. The rights of the Water Division hereunder shall be cumulative to any other right of the Water Division to discontinue service. All moneys collected by the Water Division pursuant to any of the penalty provisions of this Urgency Ordinance shall be deposited in the Water Revenue Fund. 7553.10.1. FAILURE TO COMPLY. PENALTIES. USE OF FUNDS. Revenue collected as a result of penalties imposed by this Urgency Ordinance shall be used for, but not limited to, the administration of this Urgency Ordinance, the purchase of imported water, increasing water supplies, maintenance of the City of Arcadia's water system, and water conservation efforts including public education. 7553.11. RELIEF FROM COMPLIANCE. ADMINISTRATIVE RELIEF. A Water Appeals Board is hereby established to hear appeals as set forth in this Urgency Ordinance. Any customer against whom a penalty is levied pursuant to Section 7553.9 et seq. or who is dissatisfied with their base allotments shall have the right to an office conference before representatives of the Water Division, and if still aggrieved following that proceeding may appeal to the Water Appeals Board. The Water Appeals Board shall be comprised of three representatives from city departments as designated by the City Manager. The following procedural requirements shall apply with regard to the office conference and appeal: (a) Request for an office conference must be filed in writing with the Water Division within ten (10) working days after receipt of the water bill. The customer must state the grounds for his request in writing. (b) The office conference shall occur within ten (10) working days of receipt of the request. (c) The Water Division shall render a decision within ten (10) working days of the office conference. (d) An appeal may be filed within ten (10) working days after a final decision by the Water Division to the Water Appeals Board. The appeal should state the grounds upon which it is based, and what remedy, if any, the Appellant seeks. The Water Division shall have the power, upon the filing by a customer of an application for relief as herein provided, to take such steps as it deems reasonable and to set up such procedures as it considers necessary to resolve said application for relief. In determining whether relief shall be granted, all relevant factors including, but not limited to, the following shall be considered: (1) Whether any additional reduction in water consumption will result in unemployment; (2) Whether additional members have been added to the household; (3) Whether any additional landscaped property has been added to the base period property; (4) Changes in vacancy factors in multi - family housing; (5) https: / /Iibrary.municode.com/ print. aspx ?h= &clientID= 16197 &HTMReques... 7/18/2014 Municode Page 8 of 9 Increased number of employees in commercial, industrial, and governmental offices; (6) Increased production requiring increased water; (7) Necessary water uses during new construction; (8) Adjustments to water use caused by emergency health or safety hazards; (g) First filling of a permit - constructed swimming pool; (10) Water use necessary for reasons related to family illness or health. No relief shall be granted to any customer for any reason in the absence of a showing by the customer that he has achieved the maximum practical reduction in water consumption, as the case may be, other than in the specific area in which relief is being sought. No relief shall be granted to any customer who, when requested by the Water Division, fails to provided the Water Division with information whereby the services provided to him can be classified for the purpose of establishing an appropriate base or classification pursuant to the provisions of this chapter. If an action on the application for relief is mutually agreed upon between the Water Division and the customer, the agreement shall be in writing and signed by the customer, and no appeal on the application may be made by the customer. 755311.1. RELIEF FROM COMPLIANCE. WILFUL MISREPRESENTATION. Notwithstanding any other provision of law, any wilful misrepresentation of a material fact by any person to the Water Division or to the Water Appeals Board, made for purpose of securing relief from the provisions of this Urgency Ordinance for any customer, is unlawful; and a violation of this subsection shall be punishable by a fine not exceeding the sum of five hundred dollars ($500), or by imprisonment in the county jail for a period not to exceed six (6) months, or by both such fine and imprisonment. 7553.12. GENERAL PROVISIONS. ENFORCEMENT. The Water Division shall enforce the provisions of this Urgency Ordinance. 7553.12.1. GENERAL PROVISIONS. WATER DIVISION TO GIVE EFFECT TO LEGISLATIVE INTENT. The Water Division shall provide water to its customers in accordance with the provisions of this Urgency Ordinance, and in a manner reasonably calculated to effectuate the intent hereof. 7553.12.2. GENERAL PROVISIONS. REDUCTION IN WATER SUPPLIED. If any customer fails to comply with any provision of this Urgency Ordinance, the Water Division may reduce the amount of water provided to that customer to the level which that customer would be using said water if he were complying with the provisions of this Urgency Ordinance. The provisions of this subsection shall be applied in lieu of, or in addition to, any other penalties provided in this Chapter, in the discretion of the Water Division, and shall be applied without regard to the status or nature of the customer. 7553.12.3. GENERAL PROVISIONS. PUBLIC HEALTH AND SAFETY NOT TO BE AFFECTED. https:Hlibrary.municode.com/ print. aspx ?h= &clientID= 1 6197 &HTNIReques... 7/18/2014 Municode Page 9 of 9 Nothing contained in this Urgency Ordinance shall be construed to require the Water Division to curtail the supply of water to any customer when, in the discretion of the Water Division or the Water Appeals Board, such water is required by that customer to maintain an adequate level of public health and safety. 7553.12.4. GENERAL PROVISIONS. REPORTS. At the written request of the Water Manager, all customers of the Water Division using twenty -five thousand (25,000) billing units per year or more shall submit a water conservation plan to the Water Division on a form and with a content approved by the Water Manager. These users shall thereafter submit quarterly reports to the Water Division on the progress of their conservation plans. 7553.13. ENVIRONMENT. This Urgency Ordinance and the actions hereafter taken pursuant thereto are exempt from the provisions of the California Environmental Quality Act of 1970 as a project undertaken as specific action necessary to prevent or mitigate an emergency pursuant to Section 15269 (c) of the California Environmental Quality Act Guidelines and Public Resources Code Section 21080 (4). FOOTNOTE(S): (Division 3 added by Ord. 1930 adopted 2 -5-91) Back https:// Iibrary. municode.com/print.aspx?h=&clientID= 16197 &HTMMeques... 711$12014 RESOLUTION NO, 7044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA ENACTING AND IMPLEMENTING PHASE I OF THE CITY'S WATER CONSERVATION PLAN (AS SET FORTH IN ARCADIA MUNICIPAL CODE SECTION 7553 ET SEQ.) WHEREAS, the City of Arcadia (the "City ") serves more than 3,000 customers and is an "urban water supplier" as defined in Water Code section 10617. The City is subject to the Urban Water Management Planning Act, Water Code Division 6, Part 2.6; and WHEREAS, pursuant to the Urban Water Management Planning Act, the City has prepared an Urban Water Management Plan ( "UWMP "), which includes the City's Water Shortage Contingency Plan ( "WSCP ") as set forth in City Ordinance section 7553 et seq.; and WHEREAS, the City's WSCP contains eight mandatory water conservation phases, all of which contain certain irrigation restrictions; and WHEREAS, the City Council may set any water conservation phase in the WSCP by resolution; and WHEREAS, on January 17, 2014, Governor Edmund G. Brown, Jr. declared a drought state of emergency; and WHEREAS, Water Code section 1058.5 grants the State Water Resources Control Board ( "SWRCB ") the authority to adopt emergency regulations in years when the Governor has issued a proclamation of emergency based upon drought conditions or when in response to drought conditions that exist, or are threatened, in a critically dry year immediately preceded by two or more consecutive below normal, dry, or critically dry years; and WHEREAS, on April 25, 2014, the Governor signed an Executive Order directing the SWRCB to adopt emergency regulations as it deems necessary pursuant to Water Code Z section 1058.5, to ensure that urban water suppliers implement drought response plans to limit outdoor irrigation and other wasteful water practices; and WHEREAS, on July 15, 2014, the SWRCB formally adopted Emergency Regulations for Statewide Urban Water Conservation ("Emergency Regulations ") to enact emergency regulations for urban water suppliers effective August 1, 2014, and expiring 270 days therefrom, unless the SWRCB determines that it is no longer necessary due to changed conditions, or unless the SWRCB renews the regulations due to continued drought conditions as described in Water Code section 1058.5; and WHEREAS, the SWRCB Emergency Regulations prohibit certain types of water use, order all urban water suppliers to implement mandatory conservation measures, and order water suppliers to provide monthly data on water production; and WHEREAS, the SWRCB Emergency Regulations further mandate that each urban water supplier shall implement all requirements and actions of the stage of its water shortage contingency plan that imposes mandatory restrictions on outdoor irrigation. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council has determined that certain water conservation methods are warranted in order to preserve existing water supplies in the event that the City may be unable to meet future water demands should drought conditions continue, and hereby declares that Phase I of its Water Shortage Contingency Plan, as set forth in City Ordinance section 7553.7.1, is hereby implemented. 2 SECTION 2. This Resolution shall take effect immediately and shall expire 270 days from August 1, 2014, unless the SWRCB determines that its Emergency Regulations are no longer necessary due to changed conditions, or unless the SWRCB renews the Emergency Regulations due to continued drought conditions as described in Water Code section 1058.5. SECTION 3. CEQA. The City has determined that the approval Resolution and the implementation of Phase I of its Water Shortage Contingency Plan is a ministerial action, required by the SWRCB Emergency Regulations and therefore the City has no discretion with regard to implementing Phase 1 of its Water Shortage Contingency Plan and the adoption of this Resolution is exempt from the California Environmental Quality Act ( "CEQA "), pursuant to State CEQA Guidelines Section 15268 and California Public Resources Code Section 21080(b)(1). SECTION 4. The City Council through this Resolution authorizes the City Manager or his designee to implement Phase I of its Water Shortage Contingency Plan. SECTION 5. The City Council hereby directs staff to file a Notice of Exemption with the County Clerk of the Los Angeles within five (5) working days following the adoption of this Resolution. SECTION 6. The custodian of the record of proceedings for this action shall be the City Clerk, or his/her designee, whose offices are located at City of Arcadia at 240 W. Huntington Drive, Arcadia, California 91007. [SIGNATURES ON THE NEXT PAGE] 3 SECTION 7. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this day of , 2014. ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 4 Mayor of the City of Arcadia