Resolution No. 2017-019RESOLUTION NO. 2017-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON LIFTING THE DROUGHT RESTRICTIONS PER
EXECUTIVE ORDER B-40-17
WHEREAS, in response to persistent drought conditions in the
State of California, on July 15, 2014, the State Water Resources Control
Board ("SWRCB") approved Resolution No. 2014-0038 that adopted California
Code of Regulations, Title 23, Sections 863, 864, and 865 (the
"Regulations"); and
WHEREAS, on May 5, 2015, the SWRCB approved Resolution
No. 2015-0032 establishing further restrictions on potable water use in
response to California's ongoing drought; and
WHEREAS, on June 2, 2015, the City Council of the City of
Vernon adopted Resolution No. 2015-34 declaring a Phase II Water Supply
Shortage pursuant to Section 25.104 of the Vernon Municipal Code; and
WHEREAS, on April 7, 2017, Governor Jerry Brown issued
Executive Order B-40-17 ("Executive Order") lifting the drought
emergency for most of the state, while asking Californians to make
conservation a way of life by continuing to use water responsibly; and
WHEREAS, effective April 7, 2017, all restrictions, other
than the state mandated prohibitions, have been lifted; and
WHEREAS, by memorandum dated May 2, 2017, the General
Manager of Public Utilities has recommended the City Council lift the
drought restrictions pursuant to the Executive Order; and
WHEREAS, the City Council of the City of Vernon desires to
lift the drought restrictions and encourages all residents and
businesses within the City of Vernon to continue efficient, water
saving practices to make conservation as a way of life.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon finds
that this action is exempt under the California Environmental Quality
Act (CEQA), because it is an administrative activity that will not
result in direct or indirect physical changes in the environment, and
therefore does not constitute a "project" as defined by CEQA
Guidelines section 15378; and even if it were considered to be a
"project," the activity would be categorically exempt from CEQA review
under CEQA Guidelines section 15307, because it is an action taken by
a regulatory agency, as authorized by state law, to assure the
"maintenance, restoration, or enhancement" of natural resources and
includes procedures to protect the environment.
SECTION 3: The City Council of the City of Vernon hereby
lifts the drought restrictions per Executive Order B-40-17.
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SECTION 4: The City Clerk, or Deputy City Clerk, of the
City of Vernon shall certify to the passage, approval and adoption of
this resolution, and the City Clerk, or Deputy City Clerk, of the City
of Vernon shall cause this resolution and the City Clerk's, or Deputy
City Clerk's, certification to be entered in the File of Resolutions
of the Council of this City.
APPROVED AND ADOPTED this 2nd day of May, 2017.
ATTEST:
aria E. yala
City lerk
APPROVED AS TO FORM:
Bria n, Deputy City Attorney
Name:
Meli sa A. Ybarra
Title: Mayor
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seeilet"I.,
rIsyA .3 Gi-asllvi
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Maria E . Ayala, City Clerk / f the City
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 2017-19, was duly passed, approved and adopted by the
City Council of the City of Vernon at a regular meeting of the City
Council duly held on Tuesday, May 2, 2017, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of May, 2017, at Vernon, California.
(SEAL)
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aria E . Ayala
City Clerk / naffs Q0 ty rl or. -=-
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STAFF REPORT
`�• RECEIVED
RECEIVED :� APR 26 2017
APR 2 7 2017
CITY ADMINISTRATION
CITY CLERK'S OFFICE STAFF REPORT
VERNON PUBLIC UTILITIES
DATE: May 2, 2017
TO: Honorable Mayor and City Council
FROM: Kelly Nguyen, General Manager of Public Utilities
RE: A Resolution Lifting the Drought Restrictions per Executive Order B-40-17
Recommendation
A. Find that adopting the proposed resolution is exempt under the California Environmental
Quality Act ("CEQA"), because it is an administrative activity that will not result in direct or
indirect physical changes in the environment, and therefore does not constitute a "project" as
defined by CEQA Guidelines section 15378; and even if it were considered to be a "project,"
the activity would be categorically exempt from CEQA review under CEQA Guidelines
section 15307, because it is an action taken by a regulatory agency, as authorized by state law,
to assure the "maintenance, restoration, or enhancement" of natural resources and includes
procedures to protect the environment; and
B. Adopt a resolution lifting the drought restrictions per Executive Order B-40-17 passed by the
Governor of the State of California.
Background
On June 2, 2015 City Council approved Resolution No. 2015-34 declaring a phase II water supply
shortage pursuant to section 25.104 of the Vernon Municipal Code in in response to persistent
drought conditions in the State of California, on July 15, 2014, the State Water Resources Control
Board ("SWRCB") approved Resolution No. 2014-0038 that adopted California Code of
Regulations, Title 23, Sections 863, 864, and 865.
On April 7, 2017, Governor Jerry Brown issued Executive Order B-40-17 lifting the drought
emergency for most of the state, while asking Californians to make conservation a way of life by
continuing to use water responsibly.
All restrictions, other than the state mandated prohibitions, were lifted effective April 7, 2017. The
State Water Board permanently prohibits wasteful practices, such as hosing off sidewalks,
driveways and other hardscapes, washing automobiles with hoses not equipped with a shut-off
Page 1 of 2
nozzle, operating a fountain or decorative water feature, unless the water is part of a recirculating
system, watering outdoor landscapes in a manner that causes excess runoff, and using potable
water to irrigate ornamental turf on public medians.
While Governor Brown formally ended California's drought emergency, weather patterns remain
unpredictable and drought conditions could return. We are asking customers to continue efficient,
water -saving practices to make conservation a way of life.
Fiscal Impact
There is no fiscal impact.
Attachment(s)
1. Proposed Resolution
2. Governor's Executive Order B-40-17
Page 2 of 2
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EXECUTIVE ORDER B40-17
WHEREAS California has endured a severe multi -year drought that has
threatened the water supplies of communities and residents, devastated
agricultural production in many areas, and harmed fish, animals and their
environmental habitats; and
WHEREAS Californians responded to the drought by conserving water at
unprecedented levels, reducing water use in communities by more than 22%
between June 2015 and January 2017; and
WHEREAS the State Water Resources Control Board, the Department of
Water Resources, the Department of Fish and Wildlife, the Office of Emergency
Services, and many other state agencies worked cooperatively to manage and
mitigate the effects of the drought on our communities, businesses, and the
environment; and
WHEREAS the State provided 66,344,584 gallons of water to fill water
tanks for communities suffering through drought -related water shortages,
outages, or contamination, and provided emergency assistance to drill wells and
connect communities to more robust water systems; and
WHEREAS the State took a number of important actions to preserve and
protect fish and wildlife resources, including stream and species population
monitoring, fish rescues and relocations, infrastructure improvements at trout and
salmon hatcheries, and infrastructure to provide critical habitat for waterfowl and
terrestrial animals; and
WHEREAS the State established a Statewide Water Efficiency and
Enhancement Program for agricultural operations that provides financial
assistance for the implementation of irrigation systems that save water; and
WHEREAS water content in California's mountain snowpack is 164
percent of the season average; and
WHEREAS Lake Oroville, the State Water Project's principal reservoir, is
101 percent of average, Lake Shasta, the federal Central Valley Project's largest
reservoir, is at 110 percent of average, and the great majority of California's other
major reservoirs are above normal storage levels; and
WHEREAS despite winter precipitation, the effects of the drought persist
in areas of the Central Valley, including groundwater depletion and subsidence;
and
WHEREAS our changing climate requires California to continue to adopt
and adhere to permanent changes to use water more wisely and to prepare for
more frequent and persistent periods of limited water supply; and
WHEREAS increasing long-term water conservation among Californians,
improving water use efficiency within the State's communities and agricultural
production, and strengthening local and regional drought planning are critical to
California's resilience to drought and climate change.
NOW, THEREFORE, I, EDMUND G. BROWN JR., Governor of the State
of California, in accordance with the authority vested in me by the Constitution
and statutes of the State of California, do hereby TERMINATE THE JANUARY
17, 2014 DROUGHT STATE OF EMERGENCY for all counties in California
except the Counties of Fresno, Kings, Tulare, and Tuolumne.
I FURTHER ORDER THAT:
1. The orders and provisions contained in my April 25, 2014 Emergency
Proclamation, as well as Executive Orders B-26-14, B-28-14, B-29-15,
and B-36-15 are rescinded.
2 The orders and provisions contained in Executive Order B-37-16, Making
Water Conservation a California Way of Life, remain in full force and
effect except as modified by this Executive Order.
3. As required by the State Emergency Plan and Government Code section
8607(f), the Office of Emergency Services, in coordination with other state
agencies, shall produce an after -action report detailing the State's
response to the drought and any lessons learned in carrying out that
response.
MAINTAINING CONSERVATION AS A WAY OF LIFE
4. The State Water Resources Control Board (Water Board) shall continue
development of permanent prohibitions on wasteful water use and
requirements for reporting water use by urban water agencies, and to
provide a bridge to those permanent requirements, shall maintain the
existing emergency regulations until they expire as provided by the Water
Code. Permanent restrictions shall prohibit wasteful practices such as-
• Hosing off sidewalks, driveways and other hardscapes;
• Washing automobiles with hoses not equipped with a shut-off
nozzle;
• Using non -recirculated water in a fountain or other decorative
water feature;
• Watering lawns in a manner that causes runoff, or within 48
hours after measurable precipitation; and
• Irrigating ornamental turf on public street medians.
5. The Water Board shall rescind those portions of its existing emergency
regulations that require a water supply stress test or mandatory
conservation standard for urban water agencies.
5. The Department of Water Resources (Department) shall continue work
with the Water Board to develop standards that urban water suppliers will
use to set new urban water use efficiency targets as directed by Executive
Order B-37-16. Upon enactment of legislation, the Water Board shall
adopt urban water use efficiency standards that include indoor use,
outdoor use, and leaks as well as performance measures for commercial,
industrial, and institutional water use. The Department shall provide
technical assistance and urban landscape area data to urban water
suppliers for determining efficient outdoor use.
7. The Water Board and the Department shall continue to direct actions to
minimize water system leaks that waste large amounts of water. The
Water Board, after funding projects to address health and safety, shall use
loans from the Drinking Water State Revolving Fund to prioritize local
projects that reduce leaks and other water system losses.
8. The Water Board and the Department shall continue to take actions to
direct urban and agricultural water suppliers to accelerate their data
collection, improve water system management, and prioritize capital
projects to reduce water waste. The California Public Utilities Commission
is requested to work with investor -owned water utilities to accelerate work
to minimize leaks.
9. The Water Board is further directed to work with state agencies and water
suppliers to identify mechanisms that would encourage and facilitate the
adoption of rate structures and other pricing mechanisms that promote
water conservation.
10. All state agencies shall continue response activities that may be needed to
manage the lingering drought impacts to people and wildlife. State
agencies shall increase efforts at building drought resiliency for the future,
including evaluating lessons learned from this current drought, completing
efforts to modernize our infrastructure for drought and water supply
reliability, and shall take actions to improve monitoring of native fish and
wildlife populations using innovative science and technology.
CONTINUED DROUGHT RESPONSE IN FRESNO, KINGS, TULARE, AND
TUOLUMNE COUNTIES
11.The Water Board will continue to prioritize new and amended safe drinking
water permits that enhance water supply and reliability for community
water systems facing water shortages or that expand service connections
to include existing residences facing water shortages.
12. The Department and the Water Board will accelerate funding for local
water supply enhancement projects and will continue to explore if any
existing unspent funds can be repurposed to enable near -term water
conservation projects.
13. The Water Board will continue to work with local agencies to identify
communities that may run out of drinking water, and will provide technical
and financial assistance to help these communities address drinking water
shortages. It will also identify emergency interconnections that exist
among the State's public water systems that can help these threatened
communities. The Department, the Water Board, the Office of Emergency
Services, and the Office of Planning and Research will work with local
agencies in implementing solutions to those water shortages.
14. For actions taken in the Counties of Fresno, Kings, Tulare, and Tuolumne
pursuant to directives 11-13, the provisions of the Government Code and
the Public Contract Code applicable to state contracts, including, but not
limited to, advertising and competitive bidding requirements, as well as
Division 13 (commencing with section 21000) of the Public Resources
Code and regulations adopted pursuant to that Division, are hereby
suspended. These suspensions apply to any actions taken by state
agencies, and for actions taken by local agencies where the state agency
with primary responsibility for implementing the directive concurs that local
action is required, as well as for any necessary permits or approvals
required to complete these actions.
15. California Disaster Assistance Act Funding is authorized until June 30,
2017 to provide emergency water to individuals and households who are
currently enrolled in the emergency water tank program.
16. State departments shall commence all drought remediation projects in
Fresno, Kings, Tulare, and Tuolumne Counties within one year of the date
of this Executive Order.
This Executive Order is not intended to, and does not, create any rights or
benefits, substantive or procedural, enforceable at law or in equity, against the
State of California, its agencies, departments, entities, officers, employees, or
any other person.
I FURTHER DIRECT that as soon as hereafter possible, this Order be
filed in the Office of the Secretary of State and that widespread publicity and
notice be given of this Order.
IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 7th day
of April 2017.
21VILIND
G. ROWN JR.
Governor of California
ATTEST:
ALEX PADILLA
Secretary of State
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON LIFTING THE DROUGHT RESTRICTIONS PER
EXECUTIVE ORDER B-40-17
WHEREAS, in response to persistent drought conditions in the
State of California, on July 15, 2014, the State Water Resources Control
Board ("SWRCB") approved Resolution No. 2014-0038 that adopted California
Code of Regulations, Title 23, Sections 863, 864, and 865 (the
"Regulations"); and
WHEREAS, on May 5, 2015, the SWRCB approved Resolution
No. 2015-0032 establishing further restrictions on potable water use in
response to California's ongoing drought; and
WHEREAS, on June 2, 2015, the City Council of the City of
Vernon adopted Resolution No. 2015-34 declaring a Phase II Water Supply
Shortage pursuant to Section 25.104 of the Vernon Municipal Code; and
WHEREAS, on April 7, 2017, Governor Jerry Brown issued
Executive Order B-40-17 ("Executive Order") lifting the drought
emergency for most of the state, while asking Californians to make
conservation a way of life by continuing to use water responsibly; and
WHEREAS, effective April 7, 2017, all restrictions, other
than the state mandated prohibitions, have been lifted; and
WHEREAS, by memorandum dated May 2, 2017, the General
Manager of Public Utilities has recommended the City Council lift the
drought restrictions pursuant to the Executive Order; and
WHEREAS, the City Council of the City of Vernon desires to
lift the drought restrictions and encourages all residents and
businesses within the City of Vernon to continue efficient, water
saving practices to make conservation as a way of life.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon finds
that this action is exempt under the California Environmental Quality
Act (CEQA), because it is an administrative activity that will not
result in direct or indirect physical changes in the environment, and
therefore does not constitute a "project" as defined by CEQA
Guidelines section 15378; and even if it were considered to be a
"project," the activity would be categorically exempt from CEQA review
under CEQA Guidelines section 15307, because it is an action taken by
a regulatory agency, as authorized by state law, to assure the
"maintenance, restoration, or enhancement" of natural resources and
includes procedures to protect the environment.
SECTION 3: The City Council of the City of Vernon hereby
lifts the drought restrictions per Executive Order B-40-17.
- 2 -
SECTION 4: The City Clerk, or Deputy City Clerk, of the
City of Vernon shall certify to the passage, approval and adoption of
this resolution, and the City Clerk, or Deputy City Clerk, of the City
of Vernon shall cause this resolution and the City Clerk's, or Deputy
City Clerk's, certification to be entered in the File of Resolutions
of the Council of this City.
APPROVED AND ADOPTED this 2nd day of May, 2017.
ATTEST:
City Clerk / Deputy City Clerk
APPROVED AS TO FORM:
l r
Bria un, Deputy City Attorney
Name:
Title: Mayor / Mayor Pro-Tem
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, , City Clerk / Deputy City Clerk of the City
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. , was duly passed, approved and adopted by the
City Council of the City of Vernon at a regular meeting of the City
Council duly held on Tuesday, May 2, 2017, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of May, 2017, at Vernon, California.
(SEAL)
City Clerk / Deputy City Clerk
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