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CC 2023-03-28 Rescinding declaration of stage 1_PP Presentation3/28/23 Consideration of a Resolution Rescinding the Declaration of a Stage 1 Water Shortage Emergency; and Make Findings that Rescinding the Declaration is not Subject to CEQA 1 The Arroyo Grande Municipal Code (AGMC) Chapter 13.07 does not contain triggers or requirements for rescinding a Stage 1 Water Shortage Emergency. Because the declaration of a water shortage emergency occurs when an analysis shows that water supply will be less than water demand… The logical progression is that the emergency declaration would be rescinded when an analysis shows that water supply will be sufficient to meet water demand. 3/28/23 2 Declaration of Stage 1 Water Shortage Emergency February 2015, Chapter 13.07, Emergency Water Shortage Restrictions and Regulations was added to the AGMC. Provides for stages of action in response to water supply shortages and related triggering conditions. February 2017 Chapter 13.07 was amended. Provided stages of action consistent with the City’s revised Urban Water Management Plan. Created to recognize the City's water supply consists of a combination of water from the Lopez Reservoir and groundwater sources And that a variety of factors can result in the implementation of specific conservation measures 3/28/23 such as unanticipated interruptions of local water deliveries or the imposition of additional State mandated reductions in water use 3 Background On October 12, 2021, Council approved Resolution 5119 declaring a Stage 1 Water Shortage Emergency and implementing Emergency Water Shortage Restrictions and Regulations: On September 22, 2021, Lopez Lake was at 15,426 acre-feet of storage (Current storage = 49,812.6 AF) Water levels at Lopez Lake had been dropping at the rate of approximately 150 acre-feet per week. Lopez Lake was expected to fall below the triggering threshold of 15,000 acre-feet by October 14, 2021. 3/28/23 Stage 1triggering conditions may include, but are not limited to: a determination that the water level at the Lopez Reservoir is at or below fifteen thousand (15,000) acre-feet. 4 Background When a Stage 1 Water Shortage Emergency is declared: Reductions in water usage are imposed based upon historical use. “Historical Use” is “a baseline amount of water that is equal to the amount of water used in the same billing period for a specifically identified previous year.” Each customer’s baseline is based upon the amount of water used during the prior year (in this case, 2020). All residential customers required to reduce water usage by a percentage amount Commercial customers with irrigation meters required to reduce water usage by a percentage amount 3/28/23 5 Background By December 1, 2021 - Individualized letters were then sent to all customers, identifying the amount of water allowed to be used during each billing period and the usage reduction required Since December 2021, staff processed 1,430 requests for adjustments to baseline allotments. A total of $460,800 in penalties has been billed since February 2022. The community has exceeded the City’s goal of reducing overall consumption by 10% compared to 2020, reaching an average reduction of 14%. 3/28/23 6 Current Conditions Significant rainfall recorded at 45.41 inches has now resulted in historically high-water levels at Lopez Lake Reservoir Lopez has reached 100.9% capacity and 49,821. AF as of March 28, 2023 It is anticipated that both the County and the State will rescind their respective drought declarations by the end of April 2023. 5/2/2023 7 Groundwater Supplies The deep well index of the Northern Cities Management Area portion of the Santa Maria Groundwater Basin for the First Quarter of 2023 was completed on February 7, 2023, and is 10.58 feet above sea level, which is 3.08 feet above the 7.5 threshold value. The current deep well index measured in February 2023 is 1.22 feet higher than January 2022. And these indexes are anticipated to be approximately 3 feet higher in April of 2023. 3/28/23 8 Existing Permanent and Mandatory Conservation Restrictions Outdoor irrigation is prohibited between the hours of 10:00 a.m. and 4:00 p.m. Irrigation of private and public landscaping, turf areas and gardens is permitted at even-numbered addresses only on Mondays and Thursdays and at odd-numbered addresses only on Tuesdays and Fridays. Irrigation is permitted at all addresses on Saturdays and Sundays. No irrigation of private and public landscaping, turf areas and gardens is permitted on Wednesdays. Use of water which results in excessive gutter runoff is prohibited. No water shall be used for cleaning driveways, patios, parking lots, sidewalks, streets or other such use except where necessary to protect the public health and safety. Outdoor water use for washing vehicles is allowed only with hand-controlled watering devices. Emptying and refilling swimming pools and commercial spas is prohibited except to prevent structural damage and/or to provide for the public health and safety. Use of potable water for soil compaction or dust control purposes in construction activities is prohibited. Restaurants may only serve water to customers upon request. Hotels shall offer their patrons the option to forego the daily laundering of towels, sheets and linens. 3/28/23 9 Future Water Shortage Contingency Actions In addition to existing water conservation measures: City staff is evaluating potential modifications to the City’s water shortage contingency plans to address recent trends in drought conditions as well as the City’s current and projected water sources. Potential plan modifications will accompany an updated Urban Water Management Plan. Proposed regulations for new irrigated turf and other potential conservation measures. It is anticipated that these modified regulations will be presented to the City Council this Spring. 3/28/23 10 Environmental Review Rescinding the Stage 1 Water Shortage Emergency is not a project subject to CEQA because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment.  (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) Rescission is not a “project” as defined by CEQA because rescinding the Stage 1 Water Shortage Emergency is merely administrative activity. (See State CEQA Guidelines, § 15378(b)(2),(4)) For those reasons, this action is exempt from CEQA. 3/28/23 11 Recommendation The lifting of the LRRP Current Lopez Reservoir levels The recovery of the deep well index And the additional rainfall from the March 2023 storms Staff recommends; 1.) Adopting a Resolution rescinding the Stage 1 Water Shortage Emergency and related emergency water shortage restrictions and penalties 2.) Make findings that adopting the Resolution rescinding the declaration of the Stage 1 Water Shortage Emergency is not a project subject to the California Environmental Quality Act (“CEQA”) 3/28/23 12