HomeMy WebLinkAboutResolutions - No. 2014-82RESOLUTION NO. 2014-82
A RESOLUTION OF THE LODI CITY
COUNCIL FINDING THE EXISTENCE OF
A DROUGHT EMERGENCY
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WHEREAS, California Water Code Section 71642 authorizes the governing body of a
municipal water district to find the existence or threat of a drought emergency or other
threatened or existing water shortage, and that finding is prima facie evidence of the fact or
matter so found, and such fact or matter shall be presumed to continue unchanged unless and
until a contrary finding is made by the City by resolution or ordinance; and
WHEREAS, pursuant to Water Code Section 71640, the City may restrict the use of
municipal water during the drought emergency or other water shortage condition and may
prohibit the wastage of municipal water or the use of municipal water during such periods for
any purpose other than household uses or other restricted uses as the City determines to be
necessary; and
WHEREAS, pursuant to Water Code Section 71641 and Government Code Section
6061, the City of Lodi must publish in a newspaper of general circulation any ordinance setting
forth the restrictions, prohibitions, and exclusions determined to be necessary under Water
Code Section 71640 within 10 days after its adoption; and
WHEREAS, on January 17, 2014, the Governor of the State of California proclaimed a
state of emergency in the State of California due to drought conditions in the state; and
WHEREAS, the Governor's proclamation acknowledged the State of California is
experiencing extremely dry conditions that have persisted since 2012; and
WHEREAS, the Governor's proclamation also noted the snowpack in California's
mountains is approximately 20 percent of the normal average for this date; and
WHEREAS, the Governor's proclamation called upon all Californians to reduce their
water usage by 20 percent; and
WHEREAS, the Governor's proclamation called upon local urban water suppliers and
municipalities to implement any local water shortage contingency plans immediately in order to
avoid or forestall outright restrictions that could become necessary later in the drought season;
and
WHEREAS, on January 17, 2014, the California State Water Resources Control Board
notified all water rights holders in California that, in the coming months, if dry weather conditions
persist, 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 right; and
WHEREAS, Lodi Municipal Code, Chapter 13.08, Article III, Section 13.08.290,
Emergency Water Conservation allows the Public Works Director to determine the degree of
emergency and determine what additional restrictions of water use or other appropriate actions
must be taken to protect the water system and the citizens of Lodi.
NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council, as follows:
1. Pursuant to Water Code Section 71642, and for the reasons set forth herein, the Lodi
City Council finds the existence or threat of a drought emergency or other water
shortage condition; and
2. The City may adopt restriction and prohibitions on the delivery and consumption of
water within the service area so that the water supply can be conserved for the
greater public benefit; and
3. The Lodi City Council confirms Stage 1 Water Shortage Contingency - Normal
Conditions, per the City of Lodi Water Shortage Contingency, is in effect; and
4. Pursuant to Water Code Section 71641 and Government Code Section 6061, the
City of Lodi shall publish in a newspaper of general circulation any ordinance setting
forth the restrictions, prohibitions, and exclusions determined by the City to be
necessary under Water Code Section 71640; and
5. This emergency or water shortage condition shall be presumed to continue
unchanged unless and until a contrary finding is made by the Lodi City Council by
resolution or ordinance; and
6. The Lodi City Council requests that federal and state agencies provide financial and
other assistance to residents, water suppliers, water rights holders, ranchers,
farmers, business owners, and any local governments who are harmed by the
drought emergency in its territorial limits to help them mitigate the effects of the
persistent drought conditions.
Dated: May 21, 2014
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I hereby certify that Resolution No. 2014-82 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held May 21, 2014, by the following vote:
AYES: COUNCIL MEMBERS — Johnson, Mounce, Nakanishi, and
Mayor Katzakian
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Hansen
ABSTAIN: COUNCIL MEMBERS — None
J NIFER R
Assistant City Clerk
2014-82