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Resolution Number 09-05-19-02RESOLUTION NO. 09-05-19-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WATER SHORTAGE STAGE 1 WHEREAS, the State of California is now in its third consecutive year of drought, with the annual rainfall and the water content in the Sierra snowpack being significantly below the amounts needed to fill California's storage reservoir system or support delivery of supplies requested by Metropolitan and other export contractors; and WHEREAS, the dry year storage available to Metropolitan has been reduced by approximately 50 percent since January 2007; and WHEREAS, the Sacramento and San Joaquin River systems, which provide much of the state's reservoir inflow, were classified as Critically Dry for the 2008 water year; and WHEREAS, rainfall levels in Metropolitan's service area, as indicated by the measurement at the Los Angeles civic center, for the 2008-2009 water year are 66 percent of average as of the April 1, 2009 measurement; and WHEREAS, the final California Cooperative Snow Survey for the 2009 winter season indicates that snow pack water content is 81 percent of normal, and WHEREAS, storage in the state's reservoir system is at below normal levels, with Lake Oroville at 56 percent of capacity; and WHEREAS, biological opinions issued to protect Delta smelt, Central Valley salmon, iongfin smelt and other species have further reduced water supplies available for delivery from the State Water Project; and WHEREAS, Governor Schwarzenegger issued a water emergency proclamation on June 12, 2008 and a second proclamation on February 27, 2009, both ordering his administration to begin taking action to address the water shortage; and WHEREAS, the drought conditions and water delivery limitations identified in the Governor's Executive Orders and Emergency Proclamations still exist, creating shortage conditions not only in Metropolitan's service area but throughout the State of California, as the adverse environmental, economic, and social impacts of the drought threaten widespread harm to people, businesses, property, communities, wildlife and recreation; and 5-19-2009 WHEREAS, despite the recent rain and snow, the Department of Water Resources' current allocation of State Water Project water available to Metropolitan and the other state water contractors is only 30 percent of contracted supply as of this resolution; and WHEREAS, on February 12, 2008, Metropolitan's Board of Directors adopted its Water Supply Allocation Plan under which the Board may determine in April of any year that a regional shortage exists, establish a regional shortage level and implement allocation penalty rates for water use in excess of a member agency's annual allocation under the Water Supply Allocation Plan; WHEREAS, on April 14, 2009, Metropolitan's Board of Directors determined that a regional shortage exists, established a Regional Shortage Level 2, and implemented allocation penalty rates for water use in excess of a member agency's annual allocation under the Water Supply Allocation Plan; WHEREAS, the City of San Juan Capistrano is reliant on the imported water purchased from Metropolitan Water District of Southern California to substantially meet the water demand of residents and businesses in the City; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby declare that there currently is a wholesale water shortage in Metropolitan's service area which has a significant impact on water availability for retail water sales in San Juan Capistrano. The Water Conservation Ordinance #941, Water Shortage Stage 1 shall be implemented, effective June 1, 2009, and mandatory provisions be enforced. Water billing allocations at Tier 1 and Tier 2 shall be reduced by 5 percent, effective .lune 1, 2009. The City Manager is hereby authorized and directed to take all necessary action to implement the Water Shortage Stage 1, consistent with its terms, PASSED, APPROVED, AND ADOPTED this 191h day of May, 2009. =LSEN, MA OR 2 5-19-2009 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 09-05-05-02 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 191" day of May 2009, by the following vote: AYES: COUNCIL MEMBERS: Allevato, Hribar, and Mayor Nielsen NOES:,' NCIL MEMBER: Freese, and Uso ABSENT. % UNCIL MEMBER: None 1= 64,1 t MAR R. MONA AN. Cit Clerk 3 5-192009