CITY OF SIMI VALLEY MEMORANDUM. TO: Board of Directors, Ventura County Waterworks District No. 8

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1 CITY OF SIMI VALLEY MEMORANDUM AGENDA ITEM NO. 7B TO: Board of Directors, Ventura County Waterworks District No. 8 July 21, 2014 FROM: Department of Public Works SUBJECT: ADOPTION OF A RESOLUTION DECLARING A LEVEL 1 WATER SUPPLY SHORTAGE STAFF RECOMMENDATION It is recommended that the Board of Directors adopt the attached resolution (page 5) declaring a Level 1 Water Supply Shortage, which includes irrigation restrictions of 45 minutes per week from April through October, and 30 minutes per week from November through March, consistent with emergency regulations approved by the State Water Resources Control Board on July 15, DISTRICT MANAGER S RECOMMENDATION The District Manager concurs with staff s recommendation. BACKGROUND AND OVERVIEW On July 15, 2014, the State Water Resources Control Board adopted emergency regulations for Statewide urban water conservation to ensure water agencies, their customers, and state residents increase water conservation in urban settings. The new conservation regulations are intended to reduce outdoor urban water use and mandate minimum actions to conserve water supplies both for this year and into To promote water conservation, the State declared that each of the following actions is prohibited, except where necessary to address an immediate health and safety need: The application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures; The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use; The application of potable water to driveways and sidewalks; and The use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system.

2 2 In addition, large water suppliers, including Waterworks District No. 8, are required to activate their Water Shortage Contingency Plan to a level where outdoor irrigation restrictions are mandatory. Finally, large water suppliers must report water use to the State Water Board on a monthly basis to allow them to track each supplier s progress in conserving water. The State also adopted potential penalties for violation of these regulations, including a fine of up to $500 for each day in which the violation occurs for water users. The State Water Board could also initiate enforcement actions against water agencies, including Waterworks District No. 8, that do not comply with the new regulations. Failure by a water agency to comply with a State Water Board enforcement order could result in penalties up to $10,000 per day. FINDINGS AND ALTERNATIVES In 2009, the Board of Directors of Waterworks District No. 8 adopted a Water Conservation Program Ordinance. The Water Conservation Program mandates permanent conservation measures to reduce water consumption through community conservation practices. The Program also provides Water Supply Shortage contingency measures that can be readily enacted to further restrict water usage. On May 12, 2014, the Board of Directors adopted Resolution WWD-243 (a joint resolution with the City of Simi Valley) declaring a drought and calling for voluntary actions of the District s water users to reduce water consumption 20% in The permanent measures of the Water Conservation Program Ordinance already address the State's new regulations. These measures include: Irrigation is allowed before 9:00 a.m. and after 5:00 p.m. for no more than 15 minutes per irrigation station (exceptions given for smart controlled irrigation); Excessive flow or runoff from irrigation is prohibited; Washing pavement and other exterior hard surfaces is very limited; Vehicle washing with a hose is allowable if using an automatic shut-off nozzle; Restaurants and bars may only serve water upon customer request; Lodging establishments must provide guests the option to decline daily linen service; Commercial car washes and decorative fountains must use recirculated water. The Program also has three prescribed Water Supply Shortage levels (Levels 1, 2, and 3) for further reducing water use. Level 1 Water Supply Shortage limits irrigation to three days or 45 minutes per week from April through October, and two days or 30 minutes per week from November through March, at the discretion of the Board. Another Level 1 restriction requires users to fix leaks, breaks, or malfunctions within 72 hours of notification by Waterworks District staff. Level 2 limits irrigation to two days or 30 minutes per week from April through October, and one day or 15 minutes per week from November through March, requires users to fix leaks, breaks, or malfunctions within 48 hours of notification

3 3 by Waterworks District staff, and prohibits filling residential swimming pools or spas. Level 3 prohibits irrigation altogether, requires users to fix leaks, breaks, or malfunctions within 24 hours of notification by Waterworks District staff, and suspends issuance of new water services. The Water Supply Shortage will take effect on the tenth day after the date the shortage level is declared. Furthermore, the declaration must be published in a local newspaper within five days following the declaration. Staff recommends the Waterworks Board declare a Level 1 Water Supply Shortage, including designating irrigation restrictions of 45 minutes per week from April through October, and 30 minutes per week from November through March, consistent with emergency regulations approved by the State Water Resources Control Board on July 15, As previously indicated, the State also adopted potential penalties for violation of their regulations including a fine of up to $500 for each day in which the violation occurs for water users. In 2009, the Waterworks Board established civil fines for violations of the Water Conservation Program ordinance (Ordinance Nos. WWD-08 and WWD-09, and Resolution No. WWD-222). The adopted enforcement actions and fines are: First Violation The District may issue an Initial Notice of Violation; Second Violation (within a 12 month period) A fine of $100 may be levied; Third Violation (within a 12 month period) A fine of $250 may be levied; Fourth and Subsequent Violations (within a 12 month period) A fine of $500 may be levied. It is not the intention of staff to impose monetary fines at this time. Staff's efforts will initially concentrate on education rather than imposing fines. However this position may be revisited by staff depending on the success of the education program in meeting the mandatory conservation goals imposed on the District by the State Water Board. All District customers and City residents are encouraged to remain mindful of their water use, adopt efficient water use practices, and prepare for sustained drought conditions. Water conservation resources are available at at by calling the District s Water Conservation hotline at (805) , or by ing waterconservation@simivalley.org. The following alternatives are available for the Board's consideration: 1. Adopt the attached resolution (page 5) declaring a Level 1 Water Supply Shortage, including irrigation restrictions of 45 minutes per week from April through October, and 30 minutes per week from November through March, consistent with emergency regulations approved by the State Water Resources Control Board on July 15, 2014; 2. Provide staff with other direction.

4 4 Staff recommends Alternative No. 1. SUMMARY On July 15, 2014, the State Water Resources Control Board approved an emergency regulation for Statewide urban water conservation to ensure water agencies, their customers, and state residents increase water conservation in urban settings. With the State's regulations, all Californians will be expected to stop: washing down driveways and sidewalks; watering of outdoor landscapes that cause excess runoff; using a hose to wash a motor vehicle, unless the hose is fitted with a shut-off nozzle, and using potable water in a fountain or decorative water feature, unless the water is recirculated. In 2009, the Board of Directors of Waterworks District No. 8 adopted a Water Conservation Program Ordinance. The Water Conservation Program mandates permanent conservation measures to reduce water consumption through community conservation practices. The Program also provides Water Supply Shortage contingency measures that can be readily enacted to further restrict water usage. On May 12, 2014, the Board of Directors adopted Resolution WWD-243 (a joint resolution with the City of Simi Valley) declaring a drought and calling for voluntary actions of the water users to reduce water consumption 20% in Staff recommends the Waterworks Board declare a Level 1 Water Supply Shortage, including designating irrigation restrictions of 45 minutes per week from April through October, and 30 minutes per week from November through March, consistent with emergency regulations approved by the State Water Resources Control Board on July 15, The Water Supply Shortage will take effect on the tenth day after the date the shortage level is declared. Ronald K. Fuchiwaki, Director Department of Public Works INDEX PAGE Resolution... 5

5 5 RESOLUTION NO. WWD-246 A RESOLUTION OF THE BOARD OF DIRECTORS OF VENTURA COUNTY WATERWORKS DISTRICT NO. 8 DECLARING A WATER SUPPLY SHORTAGE, LEVEL 1 WHEREAS, the Board of Directors of Ventura County Waterworks District No. 8, at the conclusion of a public hearing on May 11, 2009, adopted Ordinance No. WWD-08 establishing Article 1, Chapter 11, Title 6 of the Simi Valley Municipal Code (Water Conservation Program), which was effective immediately; and WHEREAS, the Board of Directors of Ventura County Waterworks District No. 8, at the conclusion of a public hearing on June 15, 2009, modified the Water Conservation Program, which was effective immediately; and WHEREAS, the Water Conservation Program establishes permanent water conservation standards and three levels of water supply shortage response actions with increasing restrictions on water use in response to worsening drought or emergency conditions and decreasing supplies; and WHEREAS, the Water Conservation Program specifies a Level 1 Water Supply Shortage exists when the Board of Directors determines, at their discretion and based upon a water supply shortage declaration issued by the State and/or wholesale water agencies, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists, and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions; and WHEREAS, on July 15, 2014, the State Water Resources Control Board adopted emergency regulations for Statewide urban water conservation to ensure water agencies, their customers and state residents increase water conservation in urban settings; and WHEREAS, the Water Conservation Program provides that under a Level 1 Water Supply Shortage, the Board of Directors can restrict irrigation use, including:: a. Three days per week from April through October, and two days per week from November through March: b. Forty-five minutes per irrigation station per week from April through October and thirty minutes per irrigation station per week from November through March. U3814.RES.JH

6 6 RES. NO. WWD-246 NOW, THEREFORE, THE BOARD OF DIRECTORS OF VENTURA COUNTY WATERWORKS DISTRICT NO. 8 DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A Level 1 Water Supply Shortage is hereby declared and will remain in effect until rescinded by the Board of Directors. SECTION 2. Furthermore, the Board hereby declares that irrigation shall be restricted to three days per week or forty-five minutes per irrigation station per week during the months of April through October annually, and two days per week or thirty minutes per irrigation station per week during the months of November through March annually. SECTION 3. Commencing on the eleventh day from the date of this Resolution, all provisions specified under the Water Supply Shortage, Level 1 described in the Simi Valley Municipal Code, Article 1, Chapter 11, Title 6 will be in effect. SECTION 4. The District Secretary shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the District Secretary. PASSED and ADOPTED this 21 st day of July Attest: Ky Spangler, District Secretary Approved as to Form: Robert O. Huber, Chair of the Ventura County Waterworks District No. 8 Approved as to Content: Lonnie J. Eldridge, District Counsel Eric J. Levitt, District Manager Ronald K. Fuchiwaki, Director Department of Public Works U3814.RES.JH