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Mountain View News Saturday, Jully 12, 2014
ORDINANCE NO. 1356U
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SIERRA MADRE DECLARING THE EXISTENCE OF A WATER
SHORTAGE EMERGENCY AND IMPOSING A MORATORIUM
ON THE ISSUANCE OF NEW WATER SERVICE CONNECTIONS
IN ANY ZONING DISTRICT IN THE CITY, TO TAKE EFFECT
IMMEDIATELY AND CONTINUE IN EFFECT UNTIL
SHORTAGE ENDS
WHEREAS, the City of Sierra Madre is a public water supply distributor for
customers within its jurisdiction, within the meaning of California Water Code
section 350 et. seq.; and
WHEREAS, Water Code sections 350 et seq. authorizes the City Council, as the
governing body of a public water supply distributor, to declare that water shortage
emergency conditions prevail within the area served by such distributor whenever
it finds and determines that the ordinary demands and requirements of water
consumers cannot be satisfied without depleting the water supply of the distributor
to the extent that there would be insufficient water for human consumption,
sanitation, and fire protection; and
WHEREAS, pursuant to Water Code sections 351 and 352, a public hearing on
this declaration was duly noticed at least seven days prior to the public hearing
and held on July 8, 2014; and
WHEREAS, Water Code section 353 provides that upon declaration of a
water shortage emergency, the governing body shall adopt such regulations and
restrictions on the delivery of water and the consumption within said area of
water supplied for public use as will, in the sound discretion of the City Council,
conserve the water supply for the greatest public benefit with regard to domestic
use, sanitation, and fire protection; and
WHEREAS, pursuant to Water Code section 354, after allocating and setting aside
the amount of water which in the opinion of the governing body will be necessary
to supply water needed for domestic use, sanitation, and fire protection, the
adopted regulations may establish priorities in the use of water for other purposes
and provide for the allocation, distribution, and delivery of water for such other
purposes, without discrimination between consumers using water for the same
purpose or purposes; and
WHEREAS, pursuant to Water Code section 355, the City Council’s regulations
and restrictions shall remain in full force and effect until the supply of water
available for distribution within such area has been replenished or augmented; and
WHEREAS, pursuant to Water Code section 356, the regulations and
restrictions may include the right to deny applications for new or additional
service connections, and may also include provision for their enforcement
by discontinuing service to consumers wilfully violating the regulations and
restrictions; and
WHEREAS, pursuant to Water Code section 357, if the adopted regulations
and restrictions on delivery and consumption of water conflict with any law
establishing the rights of individual consumers to receive either specific or
proportionate amounts of the water supply available for distribution within such
service area, the regulations and restrictions shall prevail over the provisions of
such laws relating to water rights for the duration of the period of emergency; and
WHEREAS, Water Code section 375 authorizes any public entity, including a
city, which supplies water at retail or wholesale for the benefit of persons within
the service area of the jurisdiction of the public entity to adopt and enforce a water
conservation program to reduce the quantity of water used by those persons for
the purpose of conserving the water supplies of the public entity, by ordinance
or resolution adoption by majority of the members of the governing body after
holding a noticed public hearing and making appropriate findings of necessity for
the adoption of a water conservation program; and
WHEREAS, in accordance with Water Code Section 376, any ordinance or
resolution adopted pursuant to Section 375 is effective upon adoption and shall
be published pursuant to Government Code Section 6061 in full within 10 days of
adoption in a newspaper of general circulation.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SIERRA
MADRE, acting as the governing body of the City’s Water Department, a public
water supply distributor, hereby ordains as follows:
Section 1. Findings of Water Shortage Emergency Conditions.
The City Council makes the following findings:
1. On January 17, 2014, the Governor of the State of California proclaimed
a state of emergency in the State of California due to current drought conditions in
the state; and
2. The Governor’s proclamation also noted that the snowpack in
California’s mountains are approximately 20 percent of the normal average for
January 2014, and that the state is experiencing extremely dry conditions that have
persisted since at least 2012; and
3. The Governor’s proclamation called upon all Californians to reduce their
water usage by 20 percent; and
4. On January 17, 2014, the California State Water Resources Control
Board notified all water rights holders in California that the coming months, if dry
weather persists, the State Water Board will notify water rights holders in critically
dry watersheds of the requirement to limit or stop diversions of water under their
water right, based upon the priority of their rights; and
5. Sierra Madre is a public water supply distributor to the resident
customers within its jurisdiction and produces and delivers potable water from four
wells located with the Eastern Unit of the Raymond Basin; and
6. Sierra Madre has the adjudicated right to extract up to 1,764 acre feet
annually of ground water from the Eastern Unit of the Raymond Basin, plus the
amount of water it can salvage through its efforts to spread water and recharge the
Eastern Unit of the Raymond Basin; and
7. The average annual water consumption in Sierra Madre is 3,003 acre
feet, exceeding the adjudicated right; and the annual additional groundwater
production is allowable and offset by the amount of rainwater captured and spread
for recharge; and
8. During the rainy season of 2012-2013 the City received only 9.72 inches
of precipitation, compared to the City’s 50 year mean of 23.76 inches; because of
the lack of rainfall and the restriction on diversion of water, Sierra Madre, which
is the only entity which spreads water in the East Raymond Basin for recharge,
has been able to capture and spread only a fraction of the necessary water at the
spreading grounds; and
9. On May 28, 2013 City implemented mandatory Phase II (20%
reduction in use) water conservation on its existing customers and may consider
implementing Phase III (30% reduction in use); and
10. The historically low precipitation, low recharge and continued pumping
of ground water have led to an over-draft of the East Raymond Basin such that
the water levels in the aquifer have fallen below 500 feet above mean sea level;
accordingly, the Raymond Basin Management Board acting in its capacity as
Watermaster of the Raymond Basin, has enacted the “500 foot rule” which reduces
Sierra Madre’s adjudicated ground water extraction right by 47%;
11. Since October, 2013, due to the extended drought and over draft
condition of the Eastern Unit of the Raymond Basin, the water levels of the aquifer
have fallen to the extent that Sierra Madre cannot pump water for delivery from
any of its four production wells; and
12. For 107 years, except for a brief period where we experienced ground
water contamination, Sierra Madre’s traditional sources of horizontal tunnels and
groundwater wells has been sufficient to meet its water needs without having to
import water from a supplemental source; and
13. The citizens of Sierra Madre take great pride in the quality of the water
that is produced from its traditional sources, and such water is a distinguishing and
defining characteristic of Sierra Madre, and such water significantly contributes to
Sierra Madre’s identity and sense of “place”; and
14. For the first time in the history of the water department, Sierra Madre
has become completely dependent on imported water from the San Gabriel
Valley Municipal Water District (SGVMWD) via the Metropolitan Water District
(“MWD”) to serve its existing customers, utilizing 1) 4,000 acre feet of water it
had purchased and stored several years ago—however, this source of water will
be exhausted by fall 2014 and 2) an additional 2,703 acre feet recently purchased
from MWD, which is anticipated to be exhausted by March 2015; and
15. Recital I of the September 9, 2013 Agreement for Exchange and
Purchase of Water between Metropolitan Water District and the San Gabriel Valley
Municipal Water District under which Sierra Madre receives its imported water
supply states, “It is not intended that the service connection will be used by Sierra
Madre or others to increase the total amount of available water to accommodate
growth or to accommodate sale or leasing of Sierra Madre’s groundwater supplies
to any other agency;” and,
16. The current use of MWD water, which is of a slightly different chemistry
from the City’s groundwater, has produced water discoloration problems for many
of its existing customers, which is likely due to chemical reaction with the city’s
distribution system or the customer’s plumbing. Although the City has hired a
consultant to study the problem and provide potential solutions and options, in the
meantime the customer must let the water run to flush the system in an attempt
to clear the discolored water from the pipes, thereby using extra water during a
period of mandatory conservation; and
17. During the rainy season of 2013-2014, the City received only 5.9 inches
of precipitation, compared to the City’s 50 year mean of 23.76 inches; worsening
the drought and further reducing the City’s ability to capture rain water for
groundwater recharge; and
18. It is estimated that even with a return of normal rainfall and the renewed
ability to spread water for effective recharge, that it will take at least three to five
years for the East Raymond Basin aquifer water levels to recover sufficiently to
enable the City to return to the use of its four wells for extraction and deliver any
portion of its adjudicated ground water to its existing water customers; and
19. Given the overdraft condition of the East Raymond Basin, the Raymond
Basin Management Board may engage a study of the Basin and review its safe
yield. A reduction in the safe yield of the East Raymond Basin will further
negatively impact the City’s ability to access sufficient ground water to supply its
existing water customers; and
20. The City of Sierra Madre is located in a high fire hazard area, and the
on-going drought and the overdraft condition of the East Raymond Basin increase
the danger of fire, especially in the high fire season of the summer months, which
increases the need for a reliable and sustainable supply of water; and
21. There is no Sierra Madre “right” to continue to purchase water from
MWD, which must provide water service first to its existing customers; and
22. The City has undertaken scientific studies of the composition of its well
water and imported water to determine the feasibility of mixing water sources in
order to for allow supplementation of local water sources with imported water
rather than the current replacement of local water sources with imported water, and
until completion of said studies the amount of water available to the City in any
given year cannot be accurately forecasted; and
23. Oscillation between using ground water from the East Raymond Basin
and imported MWD water will not resolve the discoloration problems that many
customers are having with the water. It is important to stabilize conditions in the
East Raymond Basin to enable the City to return to the use of its four wells for
production, delivery and distribution of its adjudicated ground water and a return
of customer confidence in the water quality; and
24. Sierra Madre’s citizens wish to return to their traditional source of water
and avoid importation of water unless the necessity of importation is established
by extraordinary circumstances; and
25. Sierra Madre’ external and supplemental source of water is the San
Gabriel Valley Municipal Water District, whose only supply source is the
California’s State Water Project, which is currently allocating only 5% of requests
to its customers; and
26. If additional construction, where no current water service connection
exists, continues in light of the present water shortage conditions and without
the benefit of additional regulations and conditions requiring water conservation
measures which do not presently exist, the water shortage conditions faced by the
City will be exacerbated; and
27. If additional construction, where no current water service connection
exists, continues without a better understanding of the amount of water that the
City can plan on in the long term the water shortage conditions faced by the City
may be exacerbated.
Section 2. Declaration of Water Shortage Emergency.
Pursuant to Water Code section 350 et. seq. and based upon the factual findings
specified above, the City Council of the City of Sierra Madre, acting as the
governing board of the City’s Water Department, a public water supply distributor,
hereby determines that unless and until the aquifer in the East Raymond Basin
recovers sufficiently to allow the City to resume pumping its full adjudicated
ground water rights (1,740 acre feet per year) and to spread sufficient water for
recharge and to access its water salvage credits, that the City cannot satisfy the
ordinary demands and requirements of its existing customers and for firefighting
supply. Therefore, the City Council, acting as the governing body of the City’s
Water Department, declares that an interim water shortage emergency condition
exists in the City.
Section 3. Moratorium on New or Additional Water Service Connections
A. Pursuant to Water Code section 350 et seq., the City Council of the City
of Sierra Madre, acting as the governing body of the Water Department, hereby
imposes a moratorium on all new or additional water service connections through
the City.
B. Except as otherwise provided in this Ordinance, as of the effective
date of this Ordinance, no new or additional water service connections shall be
approved or permitted during the moratorium period. Further, no “will serve”
letters shall issue during the moratorium period.
C. This Ordinance shall apply through the City and to all applications for
new or additional water service connections within the City that have not yet
received final approval as of the effective date of this Ordinance.
D. This Ordinance shall not apply to the repair or replacement of water
service connections that are lawfully existing as of the effective date of this
Ordinance, where the repair or replacement complies with all applicable laws,
rules and regulations.
E. This Ordinance shall not apply to the replacement of an existing water
service connection with a higher capacity water service connection, where
necessary to accommodate installation of fire sprinklers or other fire protection
facilities consistent with all applicable laws, rules and regulations
Section 4. Publication, Duration and Effective Date.
A, This Ordinance shall become effective immediately upon passage and
adoption upon 4/5 vote.
B. This Ordinance shall remain in effect during the period of the emergency
declared herein and until the ground water levels in the East Raymond Basin
recover sufficiently to permit the City to pump its full adjudicated ground water
supply from its four wells for distribution to its existing customers within the City.
C. This Ordinance, within 10 days after its passage and adoption, shall be
published once in its entity in a newspaper of general circulation and shall also be
posted at three public places within the City.
PASSED, APPROVED AND ADOPTED, this 8th day of July, 2014 by the
following vote:
ORDINANCE NO. 1357U
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SIERRA MADRE, CALIFORNIA ESTABLISHING AN INTERIM
MORATORIUM ORDINANCE PURSUANT TO GOVERNMENT
CODE SECTION 65858 ON THE ISSUANCE OF ALL BUILDING
PERMITS AND/OR GRANTING OF DISCRETIONARY
APPROVALS FOR CONSTRUCTION OF NEW DEVELOPMENT
REQUIRING NEW WATER SERVICE CONNECTIONS AND
DECLARING THE URGENCY THEREOF
WHEREAS, on January 17, 2014, the Governor of the State of California
proclaimed a state of emergency in the State of California due to current drought
conditions in the state; and
WHEREAS, the Governor’s proclamation also noted that the snowpack in
California’s mountain is approximately 20 percent of the normal average for
January 2014, and that the state is experiencing extremely dry conditions that have
persisted since at least 2012; and
WHEREAS, the Governor’s proclamation called upon all Californians to reduce
their water usage by 20 percent; and
WHEREAS, on January 17, 2014, the California State Water Resources Control
Board notified all water rights holders in California that the coming months, if dry
weather persists, the State Water Board will notify water rights holders in critically
dry watersheds of the requirement to limit or stop diversions of water under their
water right, based upon the priority of their rights; and
WHEREAS, Sierra Madre is a public water supply distributor to the resident
customers within its jurisdiction and produces and delivers potable water from four
wells located with the Eastern Unit of the Raymond Basin; and
WHEREAS, Sierra Madre has the adjudicated right to extract up to 1,764 acre
feet annually of ground water from the Eastern Unit of the Raymond Basin, plus
the amount of water it can salvage through its efforts to spread water and recharge
the Eastern Unit of the Raymond Basin; and
WHEREAS, the average annual water consumption in Sierra Madre is 3,003
acre feet, exceeding the adjudicated right; the annual additional groundwater
production is allowable and offset by the amount of rainwater captured and spread
for recharge; and WHEREAS, during the rainy season of 2012-2013 the City
received only 9.72 inches of precipitation, compared to the City’s 50 year mean
of 23.76 inches; because of the lack of rainfall and the restriction on diversion
of water, Sierra Madre, which is the only entity which spreads water in the East
Raymond Basin for recharge, has been able to capture and spread only a fraction
of the necessary water at the spreading grounds; and
WHEREAS, on May 28, 2013 City implemented mandatory Phase II (20%
reduction in use) water conservation on its existing customers and may consider
implementing Phase III (30% reduction in use); and
WHEREAS, the historically low precipitation, low recharge and continued
pumping of ground water have led to an over draft of the East Raymond Basin
such that the water levels in the aquifer have fallen below 500 feet above mean sea
level; accordingly, the Raymond Basin Management Board acting in its capacity as
Watermaster of the Raymond Basin, has enacted the “500 foot rule” which reduces
Sierra Madre’s adjudicated ground water extraction right by 47%;
WHEREAS, since October, 2013, due to the extended drought and over draft
condition of the Eastern Unit of the Raymond Basin, the water levels of the aquifer
have fallen to the extent that Sierra Madre cannot pump water for delivery from
any of its four production wells; and
WHEREAS, for 107 years, except for a brief period where we experienced ground
water contamination, Sierra Madre’s traditional sources of horizontal tunnels and
groundwater wells has been sufficient to meet its water needs without having to
import water from a supplemental source; and
WHEREAS, the citizens of Sierra Madre take great pride in the quality of
the water that is produced from its traditional sources, and such water is a
distinguishing and defining characteristic of Sierra Madre, and such water
significantly contributes to Sierra Madre’s identity and sense of “place”; and
WHEREAS, for the first time in the history of the water department, Sierra
Madre has become completely dependent on imported water from the San Gabriel
Valley Municipal Water District (SGVMWD) via the Metropolitan Water District
(“MWD”) to serve its existing customers, utilizing 1) 4,000 acre feet of water it
had purchased and stored several years ago—however, this source of water will
be exhausted by fall 2014 and 2) an additional 2,703 acre feet recently purchased
from MWD, which is anticipated to be exhausted by March 2015; and
WHEREAS, Recital I of the September 9, 2013 Agreement for Exchange and
Purchase of Water between Metropolitan Water District and the San Gabriel Valley
Municipal Water District under which Sierra Madre receives its imported water
supply states, “It is not intended that the service connection will be used by Sierra
Madre or others to increase the total amount of available water to accommodate
growth or to accommodate sale or leasing of Sierra Madre’s groundwater supplies
to any other agency;” and,
WHEREAS, the current use of MWD water, which is of a slightly different
chemistry from the City’s groundwater, has produced water discoloration problems
for many of its existing customers, which is likely due to chemical reaction with
the city’s distribution system or the customer’s plumbing. Although the City
has hired a consultant to study the problem and provide potential solutions and
options, in the meantime the customer must let the water run to flush the system in
an attempt to clear the discolored water from the pipes, thereby using extra water
during a period of mandatory conservation; and
WHEREAS, during the rainy season of 2013-2014, the City received only 5.9
inches of precipitation, compared to the City’s 50 year mean of 23.76 inches;
worsening the drought and further reducing the City’s ability to capture rain water
for groundwater recharge; and
WHEREAS, it is estimated that even with a return of normal rainfall and the
renewed ability to spread water for effective recharge, that it will take at least
three to five years for the East Raymond Basin aquifer water levels to recover
sufficiently to enable the City to return to the use of its four wells for extraction
and deliver any portion of its adjudicated ground water to its existing water
customers; and
WHEREAS, given the over draft condition of the East Raymond Basin, the
Raymond Basin Management Board may engage a study of the Basin and review
its safe yield. A reduction in the safe yield of the East Raymond Basin will further
negatively impact the City’s ability to access sufficient ground water to supply its
existing water customers; and
WHEREAS, The City of Sierra Madre is located in a high fire hazard area, and
the on-going drought and the overdraft condition of the East Raymond Basin
increase the danger of fire, especially in the high fire season of the summer
months, which increases the need for a reliable and sustainable supply of water;
and
WHEREAS, there is no Sierra Madre “right” to continue to purchase water from
MWD, which must provide water service first to its existing customers; and
WHEREAS, the City Council intends to review and update the provisions of
its development and zoning code to implement new zoning and development
requirements and conditions of approval which will address water conservation
requirements for all development, provide additional review of the Water
Resources chapter and Land Use element of the General Plan to address water
conservation policies, and consider mitigation measures, such as “in lieu impact
fees,” and regulations creating “no net water use increase;” and
WHEREAS, the City has undertaken scientific studies of the composition of its
well water and imported water to determine the feasibility of mixing water sources
in order to for allow supplementation of local water sources with imported water
rather than the current replacement of local water sources with imported water, and
until completion of said studies the amount of water available to the City in any
given year cannot be accurately forecasted; and
WHEREAS, oscillation between using ground water from the East Raymond
Basin and imported MWD water will not resolve the discoloration problems that
many customers are having with the water. It is important to stabilize conditions
in the East Raymond Basin to enable the City to return to the use of its four wells
for production, delivery and distribution of its adjudicated ground water and a
return of customer confidence in the water quality; and
WHEREAS, Sierra Madre’s citizens wish to return to their traditional source
of water and avoid importation of water unless the necessity of importation is
established by extraordinary circumstances; and
WHEREAS, Sierra Madre’ external and supplemental source of water is the
San Gabriel Valley Municipal Water District, whose only supply source is the
California’s State Water Project, which is currently allocating only 5% of requests
to its customers; and
WHEREAS, if construction, that requires a new connection to the city’s water
system, continues in light of the present water shortage conditions and without
the benefit of additional regulations and conditions requiring water conservation
measures which do not presently exist, the water shortage conditions faced by the
City will be exacerbated; and
WHEREAS, if construction, that requires a new connection to the city’s water
system, continues without a better understanding of the amount of water that the
City can plan on in the long term the water shortage conditions faced by the City
may be exacerbated; and
WHEREAS, these issues constitute a current and immediate threat to the public
health, safety, and welfare, within the meaning of Government Code Section
65858; and
WHEREAS, approval of any additional subdivisions, use permits, variances,
building permits or any other applicable entitlement for use which would require a
new water service connection, which are not authorized by this Ordinance would
result in these threats to the public health, safety and welfare; and
WHEREAS, Government Code Section 65858, a provision of the State Planning
and Zoning Law, authorizes an interim, urgency zoning ordinance to prevent
development which may be inconsistent with a plan under development—such
as the City’s intended update of its development and zoning codes to enact more
stringent water conservation requirements--pending adoption of that plan.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SIERRA
MADRE FURTHER FINDS that the adoption of this Ordinance is necessary to
protect the public safety, health and welfare by ensuring well-planned and water
efficient development of properties in the City necessary to conserve the finite
water resources for all customers and that it should adopt this interim urgency
zoning ordinance as authorized by Government Code Section 65858 and
THEREFORE, THE CITY COUNCIL OF THE CITY OF SIERRA MADRE
DOES ORDAIN AS FOLLOWS:
Section 1. Notwithstanding any provision of the Sierra Madre Municipal
Code or any other ordinance of the City of Sierra Madre, and except as otherwise
provided in this Ordinance, no building permit, grading permit, conditional use
permit, variance or other land use approval, permit or “will-serve” letter shall
be issued for the construction or development of new construction where the
development would require a new water service connection, on any lot in any zone
within the City.
Section 2. The provisions of Section 1 of this Ordinance shall not apply
to any of the following:
(a) Repair, maintenance or renovation of existing structures or facilities
which already have water service connections; or to the repair or replacement
of water service connections that lawfully exist as of the effective date of this
Ordinance, where the repair or replacement complies with all applicable laws,
rules and regulations.
(b) Replacement of an existing water service connection with a higher
capacity water service connection, where necessary to accommodate installation of
fire sprinklers or other fire protection facilities consistent with all applicable laws,
rules and regulations.
(c) Repair or maintenance work which the City Manager or her designee
determines is necessary to abate a threat to public health or safety;
(d) Any project for which all necessary discretionary approvals have
been granted and for which a building permit has been issued by the Building
Department before the close of business on the day this Ordinance takes effect;
(e) New construction where an existing water service connection already
exists before the close of business on the day this Ordinance takes effect.
Section 3. Taking. If a person can demonstrate that the application of
this ordinance to his or her property would constitute a taking in violation of the
federal or California Constitution or would otherwise be unlawful, an exception
to this moratorium can be made pursuant to a variance approved under Section
Chapter 17.60 of the Sierra Madre Municipal Code. No variance application shall
be required if the Director, in consultation with the City Attorney, determines that
an exception to this Ordinance is legally required. In such case, an approval may
be granted only if the approving officer or body of the City finds that the exception
is legally required.
Section 4. Severability. Should any provision of this Ordinance, or
its application to any person, parcel or circumstance, be determined by a court
of competent jurisdiction to be unlawful, unenforceable or otherwise void, that
determination shall have no effect on any other provision of this Ordinance or the
application of this Ordinance to any other person, parcel or circumstance and, to
that end, the provisions hereof are severable.
Section 5. Effective Date. This Ordinance is adopted by a 4/5 vote of
the Sierra Madre City Council, shall take effect immediately upon its adoption as
provided by Government Code Section 65858, and shall be of no further force at
11:59 p.m. on August 22, 2014, unless extended or terminated by further action of
the City Council.
Section 6. Certification. The City Clerk shall certify to the
passage and adoption of this Ordinance and shall cause the same to be published or
posted according to law.
PASSED, APPROVED AND ADOPTED, this 8th day of July, 2014 by the
following vote:
AYES: NOES:
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