Resolution No. 2015-034RESOLUTION NO. 2015-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON DECLARING A PHASE II WATER SUPPLY SHORTAGE
PURSUANT TO SECTION 25.104 OF THE VERNON MUNICIPAL
CODE
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, by memorandum dated June 2, 2015, the Director of
Public Works, Water and Development Services has recommended the City
Council declare a Phase II Water Supply Shortage pursuant to Vernon
Municipal Code Section 25.104; except that provision (a) be modified
to permit watering of landscapes to two days a week all year and
provision (g), which requires mandatory water reductions, not be
required at this time; and
WHEREAS, the City Council of the City of Vernon desires to
declare a Phase II Water Supply Shortage.
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), in accordance with Section 15061(b)(3), the general rule
that CEQA only applies to projects that may have a significant effect
on the environment; and (b) 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
declares a Phase II Water Supply Shortage pursuant to Section 25.104
of the Vernon Municipal Code except that section (a) be modified to
read as follows: "(a) Watering days: Watering or irrigating of lawn,
landscape or other vegetated area with potable water is limited to two
(2) days per week on a schedule established and posted by the City.
This provision does not apply to landscape irrigation zones that
exclusively use very low flow drip irrigation zones systems when no
emitter produces more than two (2) gallons of water per hour. This
provision also does not apply to watering by hand-held bucket or
similar container, a hand-held hose equipped with a positive self -
closing water shut off nozzle or device, or for very short periods of
time for the express purpose of adjusting or repairing an irrigation
system. In addition, watering or irrigating of lawn, landscape or other
vegetated area with potable water is prohibited between the hours of 6:00
a.m. and 6:00 p.m." Also excepting section (g) in its entirety, which
requires mandatory water reductions.
s�
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 June, 2015.
ATTEST:
% - ( - Q'e�e
Maria E . A ala
City Clerk / e
APPROVED AAS
TO FORM:
Brian Byun, Depu City Attorney
04
Name: W. Michael McCormick
Title: Mayor /- a --- o- --�
- 3 -
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I Maria E. Ayala City Clerk / Depu�y-`1 C,�=he City
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 2015-34, 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, June 2, 2015, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this 4�- day of June, 2015, at Vernon, California.
(SEAL)
7.
aria E. la
City Clerk /
- 4 -
TRANSMITTAL COMMUNICATION
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: June 9, 2015
TO: S. Kevin Wilson, Director of Public Works, Water & Development Services
FROM: Deborah Juarez, Records Management Assistant �I
RE: Resolution No. 2015-34 — A Resolution of the City Council of the City of Vernon
Declaring a Phase II Water Supply Shortage Pursuant to Section 25.104 of the Vernon
Municipal Code
Please find a copy attached of Resolution No. 2015-34 referenced above, which was approved by City
Council on June 2, 2015.
Thank you.
REM..I,T14 l
c: Scott Rigg
Resolution No. 2015-34
RECEIVED RECEIVED
MAY 2 7 2015
40 MAY a 7 2015
CITY CLERK'S OFFICE CITY ADM I N ISTRATIO
STAFF REPORT
DEPARTMENT OF PUBLIC WORKS, WATER AND
DEVELOPMENT SERVICES
DATE: June 2, 2015
TO: Honorable Mayor and City Council
FROM: Samuel Kevin Wilson Director of Public Works, Water and
Development Services
Originator: Scott B. Rigg, Public Works and Water Superintendent $tom
RE: State Water Resources Control Board Resolution No. 2015-0032 — To
Adopt an Emergency Regulation for Statewide Urban Water
Conservation — Recommending City Council Declare a Phase II
Water Supply Shortage
Recommendation
It is recommended that the City Council:
A. Find that declaring a Phase II Water Supply Shortage pursuant to Vernon Municipal
Code § 25.104 is exempt under the California Environmental Quality Act (CEQA) in
accordance with (a) CEQA Guidelines Section 15061 (b)(3), the general rule that CEQA
only applies to projects that may have an effect on the environment; and (b) Section
15307, because it is an action taken by a regulatory agency to assure the "maintenance,
restoration, or enhancement" of natural resources and includes procedures to protect the
environment; and
B. Adopt the attached resolution declaring a Phase II Water Supply Shortage pursuant to
Vernon Municipal Code Section 25.104.
Backaround
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 (the
"SWRCB Resolution") that adopted California Code of Regulations, Title 23, Sections 863, 864, and
865 (the "Regulations"). The SWRCB Resolution mandated that the public take specified actions to
conserve water supplies. 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.
The Regulations will require the City of Vernon (City), and all other urban water suppliers, to
submit to the SWRCB by the 15s' of each month, a monitoring report on forms provided by the
SWRCB. The monitoring report must include the amount of potable water the urban water supplier
produced, including water provided by a wholesaler, in the preceding calendar month, and compare
that amount to the amount produced in the same calendar month in 2013. The monitoring report shall
specify the population served by the urban water supplier, the percentage of water produced that is
used for residential sector, descriptive statistics on water conservation compliance and enforcement
efforts, and the number of days that outdoor irrigation is allowed, and monthly commercial, industrial
and institutional sector use. The monitoring report shall also estimate the gallons of water per person
per day used by the residential customers. In addition, each urban water supplier must reduce its total
potable water production by the percentage identified as its conservation standard. Each urban water
supplier's conservation standard considers its service area's relative per capita water usage. Water
supplier's whose average July through September 2014 R-GPCD was 65 or more but less than 80
shall reduce its total potable water production by 12 percent for each month as compared to the
amount used in the same month in 2013. The City was assigned a conservation standard of 12 percent
based on the R-GPCD calculations performed by the SWRCB for July, August, and September of
2014. City staff performed the R-GPCD calculation for the above -mention months and came up with
an R-GPCD of 63.88. This calculation would place the City a conservation standard of 8 percent. Staff
is in the process of challenging the SWRCB's calculation.
Mandatory Water Restrictions
Regulation Sections Nos. 864 and 865 place Emergency Conservation Regulations on end -
users (customers and businesses), and urban water suppliers as follows:
a. To prevent the waste and unreasonable use of water and to promote water conservation,
each of the following actions is prohibited, except where necessary to address an immediate
health and safety need or to comply with a term or condition in a permit issued by a state or
federal agency:
1. 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;
2. 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;
3. The application of potable water to driveways and sidewalks;
4. The use of potable water in a fountain or other decorative water feature, except where the
water is part of a recirculating system;
5. The application of potable water to outdoor landscapes during within 48 hours after
measurable rainfall;
6. The serving of drinking water other than upon request in eating or drinking establishments,
including but not limited restaurants, hotels, cafes, cafeterias, bars, or other public places
where food or drinks are served and/or purchases;
7. The irrigation with potable water of ornamental turf on public street medians; and
8. The irrigation with potable water of landscapes outside newly constructed homes and
buildings in a manner inconsistent with regulations or other requirements established by the
California Building Standards Commission and the Department of Housing and Community
Development.
9. The taking of any action prohibited in the above sections (a) or failure to take any action
required in sections (b) or (c), is an infraction, punishable by a fine of up to five hundred
dollars ($500.00) for each day in which the violation occurs.
Vernon Municipal Code Section 25.101 already regulates the following outdoor potable water
activities: watering hours, limits water durations, no excessive water flow or runoff, no washing down
hard or paved surfaces, obligation to fix leaks, breaks or malfunctions; re -circulating water required
for water fountains and decorative features, limits on washing vehicles, drinking water served upon
request only at restaurants, and limits on commercial car wash and laundry systems. In addition, the
City is currently under a Phase I Water Supply Shortage.
The City is now mandated to reduce its potable water consumption by twelve (12) percent. As
stated earlier, the City is challenging the State's calculations, and believes this reduction goal will be
lowered to eight (8) percent. In 2014, the City was able to reduce its water production by six (6)
percent. In order to meet the states mandatory requirements additional water conservation measures
are necessary beyond the City's current Phase I Water Shortage Requirements For Non -Urban Water
Suppliers the State requires that outdoor irrigation of ornamental landscape be performed no more
than two times per -week. It is recommended that the Phase 11 Water Supply Shortage be enacted;
except that provision (a) be modified to permit watering of landscapes to two days a week all year and
provision (g), which requires mandatory water reductions, not be required at this time. The Phase II
requirements would therefore be as follows:
"(a) Limits on water days: Watering or irrigating of lawn, landscape or other
vegetated area with potable water is limited to two (2) days per week on a schedule
established and posted by the City. This provision does not apply to landscape
irrigation zones that exclusively use very low flow drip type irrigation systems when
no emitter produces more than two (2) gallons of water per hour. This provision also
does not apply to watering or irrigating by use of a hand-held bucket or similar
container, a hand-held hose equipped with a positive self -closing water shut-off nozzle
or device; or for very short periods of time for the express purpose of adjusting or
repairing an irrigation system. In addition, watering or irrigating of lawn, landscape or
other vegetated area with potable water is prohibited between the hours of 6:00 a.m.
and 6:00 p.m.
(b) Obligation to fix leaks, breaks or malfunctions: All leaks, breaks or
malfunctions in the water user's plumbing or distribution system must be repaired
within forty eight (48) hours of notification by the City."
(c) Limits on filling ornamental lakes or ponds: Filling or refilling ornamental
lakes or ponds is prohibited, except to the extent needed to sustain aquatic life,
provided that such animals are of significant value and have been actively managed
within the water feature prior to declaration of a supply shortage level under this
article.
(d) Limits on washing vehicles: Using water to wash or clean a vehicle, including
but not limited to, any automobile, truck, van, bus, motorcycle, boat or trailer, whether
motorized or not, is prohibited except by use of a hand-held bucket or similar
container, a hand-held hose equipped with a positive self -closing water shut-off nozzle
or device, by high pressure/low volume wash systems, or at a commercial car washing
facility that utilizes a recirculating water system to capture or reuse water.
(e) Limits on filling residential swimming pools and spas: Refilling of more than
one (1) foot and initial filling of residential swimming pools or outdoor spas with
potable water is prohibited.
(f) Commercial nurseries watering limitations: Commercial Nurseries shall be
prohibited from water lawn, landscaped or other turf areas more often that every other
day and shall prohibited from watering between the hours of 10:00 a.m. and 4:00 p.m.
Fiscal Lnaact
By implementing Phase 11 Water Shortage requirements, the City hopes to encourage a two
(2) percent reduction in water usage, which would result in two (2) percent loss in revenues of
$162,000 which would be offset by the need to purchase or provide water supplies. The total fiscal
impact is anticipated to be less than $50,000.00.
Attachments
1. Resolution Declaring a Phase II Water Supply Shortage
2. Copy of State Water Resources Control Board Resolution No. 2015-0032
SKW/sr
Enclosures
STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2015-0032
TO ADOPT AN EMERGENCY REGULATION FOR
STATEWIDE URBAN WATER CONSERVATION
WHEREAS:
1. On April 25, 2014, Governor Edmund G. Brown Jr. issued an executive order
(April 2014 Proclamation) to strengthen the State's ability to manage water and habitat
effectively in drought conditions, and called on all Californians to redouble their efforts to
conserve water. The April 2014 Proclamation finds that the continuous severe drought
conditions present urgent challenges across the State, including water shortages in
communities and for agricultural production, increased wildfires, degraded habitat for fish
and wildlife, threat of saltwater contamination, and additional water scarcity, if drought
conditions continue into 2015. The April 2014 Proclamation also suspends the
environmental review required by the California Environmental Quality Act to allow the
emergency regulation and other actions to take place as quickly as possible;
2. The April 2014 Proclamation refers to the Governor's Proclamation No. 1-17-2014,
issued on January 17, 2014, declaring a drought State of Emergency to exist in
California due to severe drought conditions (January 2014 Proclamation). The
January 2014 Proclamation finds that dry conditions and lack of precipitation present
urgent problems to drinking water supplies and cultivation of crops, which put farmers'
long-term investments at risk. The conditions also threaten the survival of animals and
plants that rely on California's rivers, including many species in danger of extinction.
The January 2014 Proclamation also calls on all Californians to reduce their water usage
by 20 percent;
3. On December 22, 2014, in light of the continued lack of rain, Governor Brown issued
Executive Order B-28-14, which extends the California Environmental Quality Act
suspension through May 31, 2016 for Water Code section 13247 and certain activities
identified in the January 2014 and April 2014 proclamations;
4. On April 1, 2015, Governor Brown issued a new Executive Order that directs the State
Water Board to impose restrictions on urban water suppliers to achieve a statewide
25 percent reduction in potable urban usage through February 2016; require
commercial, industrial, and institutional users to implement water efficiency measures;
prohibit irrigation with potable water of ornamental turf in public street medians; and
prohibit irrigation with potable water outside newly constructed homes and buildings that
is not delivered by drip or microspray systems; along with other directives;
5. Water Code section 1058.5 grants the State Water Board the authority to adopt
emergency regulations in certain drought years in order to: "prevent the waste,
unreasonable use, unreasonable method of use, or unreasonable method of diversion,
of water, to promote water recycling or water conservation, to require curtailment of
diversions when water is not available under the diverter's priority of right, or in
furtherance of any of the foregoing, to require reporting of diversion or use or the
preparation of monitoring reports"
6. On July 15, 2014, the State Water Board adopted an emergency regulation to support
water conservation (Resolution No. 2014-0038), and that regulation became effective
July 28, 2014 upon approval by the Office of Administrative Law (OAL);
7. On March 17, 2015, the State Water Board amended and readopted the emergency
regulation to support water conservation (Resolution No. 2015-0013), which became
effective March 27, 2015 upon approval by OAL;
8. The current emergency regulation has supported Californians' water conservation
efforts, with over 125 billion gallons saved from August 20i4 through March 2015;
however, statewide water use is only nine percent less than the same months in 2013.
Achieving a 25 percent reduction in use will require even greater conservation efforts
across the state. In particular, many communities must dramatically reduce their
outdoor water use;
9. In many areas, 50 percent or more of daily water use is for lawns and outdoor
landscaping. Outdoor water use is generally discretionary, and many irrigated
landscapes will survive while receiving a decreased amount of water;
10. Although urban water suppliers have placed restrictions on outdoor watering, the State
Water Board continues to receive reports of excessive outdoor water use;
11. Water conservation is the easiest, most efficient and most cost-effective way to quickly
reduce water demand and extend supplies into the next year, providing flexibility for all
California communities. Water saved this summer is water available later in the season
or next year, reducing the likelihood of even more severe water shortages should the
drought continue;
12. Education and enforcement against water waste is a key tool in conservation programs.
When conservation becomes a social norm in a community, the need for enforcement is
reduced or eliminated;
13. Public information and awareness is critical to achieving conservation goals, and the
Save Our Water campaign, run jointly by the Department of Water Resources (DWR)
and the Association of California Water Agencies, is an excellent resource for
conservation information and messaging that is integral to effective drought response
(http://saveourwater.com);
14. Many California communities are facing social and economic hardship due to this
drought. The rest of us can make adjustments to our water use, including landscape
choices that conserve even more water;
15. The California Constitution declares, at article X, section 2, that the water resources of
the state must be put to beneficial use in a manner that is reasonable and not wasteful.
Relevant to the current drought conditions, the California Supreme Court has clarified
that "what may be a reasonable beneficial use, where water is present in excess of all
needs, would not be a reasonable beneficial use in an area of great scarcity and great
need. What is a beneficial use at one time may, because of changed conditions, become
a waste of water at a later time." (Tulare Dist. v. Lindsay Strathmore Dist. (1935) 3
Cal.2d 489, 567.) In support of water conservation, the legislature has, through Water
Code section 1011, deemed reductions in water use due to conservation as equivalent
to reasonable beneficial use of that water. Accordingly, this regulation is in furtherance
of article X, section 2 during this drought emergency. This temporary emergency
regulation is not to be used in any future administrative or judicial proceedings as
evidence or finding of waste and unreasonable use of any individual water user or water
supplier subject to this regulation, and are not to affect or otherwise limit any rights to
water conserved under applicable law, including without limitation, water conserved
consistent with Water Code section 1011;
16. Directive two of the Governor's April 1, 2015 Executive Order directs the State Water
Board to consider the relative per capita usage of each urban water supplier's service
area and require that areas with high per capita use achieve proportionally greater
reductions than areas with low per capita use;
17. On April 7, 2015, the State Water Board issued a draft framework proposing increasing
levels of required water reduction based upon residential per capita per day use
(R-GPCD) for the proposed regulation, and solicited public comments. The Board
received over 300 comments on the framework, primarily relating to the levels of
required water reduction;
18.On April 18, the State Water Board issued draft regulatory language for public comment
based on the April 7 framework and the comments received. The draft regulatory
language reflected careful consideration of all comments including those directed at the
levels of required reduction. Again, the Board received close to 300 comments;
19.On April 28, 2015, the State Water Board issued a final version of draft regulatory
language for comment, followed on April 29 by a formal public notice that it would
consider the adoption of the emergency regulation at the Board's regularly -scheduled
May 5 and 6, 2015 public meeting, in accordance with applicable State laws and
regulations. The State Water Board also distributed for public review and comment a
Finding of Emergency that complies with State laws and regulations;
20. As discussed above, the State Water Board is adopting the emergency regulation
because of the continuing emergency drought conditions, the need for prompt action to
prevent the waste and unreasonable use of water and to promote conservation, and the
specific actions called for in the Governor's April 1, 2015 Executive Order; and
21. Nothing in the regulation or in the enforcement provisions of the regulation precludes a
local agency from exercising its authority to adopt more stringent conservation
measures. Moreover, the Water Code does not impose a mandatory penalty for
violations of the regulation adopted by this resolution, and local agencies retain the
enforcement discretion in enforcing the regulation to the extent authorized. Local
agencies are encouraged to develop their own progressive enforcement practices to
promote conservation.
THEREFORE BE IT RESOLVED THAT:
1. The State Water Board adopts California Code of Regulations, title 23, section 866 and
re -adopts sections 863, 864,and 865, as appended to this resolution as an emergency
regulation;
2. State Water Board staff will submit the regulation to OAL for final approval;
3. If, during the approval process, State Water Board staff, the State Water Board, or OAL
determines that minor corrections to the language of the regulation or supporting
documentation are needed for clarity or consistency, the State Water Board Executive
Director or the Executive Director's designee may make such changes;
4. This regulation shall remain in effect for 270 days after filing with the Secretary of State
unless the State Water Board determines that it is no longer necessary due to changed
conditions, or unless the State Water Board renews the regulation due to continued
drought conditions as described in Water Code section 1058.5;
5. The State Water Board directs staff to provide the Board with monthly updates on the
implementation of the emergency regulation and its effect. These updates shall include
information regarding the progress of the Building Standards Commission, Department
of Housing and Community Development, and other state agencies in the adoption and
implementation of emergency regulations or other requirements that implement
increased outdoor irrigation efficiency for new construction. These regulations and other
requirements will extend existing efficiency standards for new construction to the outdoor
environment and ensure that California's new homes are constructed to meet the
growing demand with the most efficient standards;
6. The State Water Board directs staff to condition funding upon compliance with the
emergency regulation, to the extent feasible;
7. The State Water Board directs staff to work with DWR and the Save Our Water
campaign to disseminate information regarding the emergency regulation; and
8. The State Water Board directs staff to update the electronic reporting portal to include
data fields for the new reporting required by the emergency regulation.
THEREFORE BE IT FURTHER RESOLVED THAT:
9. The State Water Board shall work with DWR, the Public Utilities Commission, and other
agencies to support urban water suppliers' actions to implement rates and pricing
structures to intent additional conservation, as required by directive eight in the
Governor's April 1, 2015 Executive Order. The Fourth District Court of Appeal's recent
Decision in Capistrano Taxpayer Association Inc. v. City of San Juan Capistrano
(G048969) does not foreclose the use of conservation -oriented rate structures;
10. The State Water Board calls upon water suppliers to:
a. ensure that adequate personnel and financial resources exist to implement
conservation requirements not only for 2015, but also for another year of drought
should it occur. Water suppliers that face budget shortfalls due to reduced sales
should take immediate steps to raise necessary revenues in a way that actively
promotes continued conservation;
b. expedite implementation of new conservation programs by minimizing internal
review periods and utilizing emergency authorities, as appropriate;
4
c. consider the relative water use and conservation practices of their customers and
target those with higher water use to achieve proportionally greater reductions
than those with low use;
d. minimize financial impacts to low-income customers;
e. preserve safe indoor water supplies in areas with very low R-GPCD and where
necessary to protect public health and safety;
f. promote low-water use methods of preserving appropriate defensible space in
fire -prone areas, consistent with local fire district requirements;
g. educate customers on the preservation of trees;
h. promote on -site reuse of water; and
i. promptly notify staff of the supplier's need for an alternate method of compliance
pursuant to resolved paragraph 16.
11. The State Water Board calls upon all businesses within California's travel and tourism
sectors to inform visitors of California's dire drought situation and actions visitors should
take to conserve water;
12. The State Water Board commends wholesale water agencies that have set aggressive
conservation targets for their retail water suppliers;
13. The State Water Board commends water suppliers that have made investments to boost
drought -resistant supplies, such as advanced treated recycled water and desalination.
Those investments help to make communities more resilient in the face of drought;
14. The State Water Board commends the many water suppliers that have already
surpassed their 20x2020 conservation targets. Long-term conservation efforts are
critical to maintaining economic and social well-being, especially in light of the impacts of
climate change on California's hydrology;
15. During this drought emergency, heightened conservation that extends urban resilience is
necessary. The State Water Board's focus is primarily on immediate reductions in
outdoor water use. Some short-term conservation efforts, such as landscape
conversions and installation of efficient appliances, will also support long-term
conservation objectives, and are encouraged wherever possible;
16. The State Water Board recognizes that some commercial and industrial customers,
while accounting for a significant portion of total use in a service area, have already
taken steps to significantly reduce their water consumption and cannot further reduce
their use without substantial impacts. However, the Board also recognizes that in many
areas there are significant opportunities for reductions in water use by industries and
commercial enterprises that have yet to take action, especially those with large areas of
non-functional turf. The Board directs staff to respond promptly upon receipt of any
request for alternate enforceable methods of compliance. If the supplier believes the
conservation standard is unachievable due to firm commercial and industrial water use
and residential use reductions that would affect public health and safety, it should
provide any supporting information or documentation for an alternate method of
compliance; and
17. Some water suppliers have called for further refinement of the tiers to reflect a range of
factors that contribute to water use, including but not limited to temperature, lot size, and
income. Others have called for an approach that provides greater recognition for early
investments in conservation, the development of local, drought resistant water supplies,
and health and safety needs. These suggestions and many others are important
considerations in the development of a more comprehensive, and long term,
conservation framework. The State Water Board directs staff to work with stakeholders
on a thoughtful process to devise options for extended and expanded emergency
regulations should the drought continue into 2016,
CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and
correct copy of a resolution duly and regularly adopted at a meeting of the State Water
Resources Control Board held on May 5, 2015.
AYE:
Chair Felicia Marcus
Vice Chair Frances Spivy-Weber
Board Member Tam M. Doduc
Board Member Steven Moore
Board Member Dorene D'Adamo
NAY:
None
ABSENT:
None
ABSTAIN:
None
"Lae,�wrtwvA—
Jean& Townsend
Clerk to the Board
ADOPTED TEXT OF EMERGENCY REGULATION
Article 22.5. Drought Emergency Water Conservation.
Sec. 863. Findings of Drought Emergency.
(a) The State Water Resources Control Board finds as follows:
(1) On January 17, 2014, the Governor issued a proclamation of a state of
emergency under the California Emergency Services Act based on drought conditions;
(2) On April 25, 2014, the Governor issued a proclamation of a continued state of
emergency under the California Emergency Services Act based on continued drought
conditions;
(3) On April 1, 2015, the Governor issued an Executive Order that, in part,
directs the State Board to impose restrictions on water suppliers to achieve a statewide
25 percent reduction in potable urban usage through February, 2016; require commercial,
industrial, and institutional users to implement water efficiency measures; prohibit
irrigation with potable water of ornamental turf in public street medians; and prohibit
irrigation with potable water outside newly constructed homes and buildings that is not
delivered by drip or microspray systems;
(4) The drought conditions that formed the basis of the Governor's emergency
proclamations continue to exist;
(5) The present year is critically dry and has been immediately preceded by two or
more consecutive below normal, dry, or critically dry years; and
(6) The drought conditions will likely continue for the foreseeable future and
additional action by both the State Water Resources Control Board and local water
suppliers will likely be necessary to prevent waste and unreasonable use of water and to
further promote conservation.
Authority: Section 1058.5, Water Code.
References: Cal. Const., Art., X § 2; Sections 102, 104, 105, and 275, Water Code;
Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463.
Sec. 864. End -User Requirements in Promotion of Water Conservation.
(a) To prevent the waste and unreasonable use of water and to promote water
conservation, each of the following actions is prohibited, except where necessary to
address an immediate health and safety need or to comply with a term or condition in a
permit issued by a state or federal agency:
(1) 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;
(2) 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;
(3) The application of potable water to driveways and sidewalks; and
(4) The use of potable water in a fountain or other decorative water feature,
except where the water is part of a recirculating system;
(5) The application of potable water to outdoor landscapes during and within
48 hours after measurable rainfall;
(6) The serving of drinking water other than upon request in eating or drinking
establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars, or
other public places where food or drink are served and/or purchased;
(7) The irrigation with potable water of ornamental turf on public street medians;
and
(8) The irrigation with potable water of landscapes outside of newly constructed
homes and buildings iri a manner Inconsistent with regulations or other requirements
established by the California Building Standards Commission and the Department of
Housing and Community Development.
(b) To promote water conservation, operators of hotels and motels shall provide
guests with the option of choosing not to have towels and linens laundered daily. The
hotel or motel shall prominently display notice of this option in each guestroom using
clear and easily understood language.
(c) Immediately upon this subdivision taking effect, all commercial, industrial and
institutional properties that use a water supply, any portion of which is from a source
other than a water supplier subject to section 865, shall either:
(1) Limit outdoor irrigation of ornamental landscapes or turf with potable water to
no more than two days per week; or
(2) Reduce potable water usage supplied by sources other than a water supplier by
25 percent for the months of June 2015 through February 2016 as compared to the
amount used from those sources for the same months in 2013.
(d) The taking of any action prohibited in subdivision (a) or the failure to take any
action required in subdivisions (b) or (c), is an infraction, punishable by a fine of up to
five hundred dollars ($500) for each day in which the violation occurs. The fine for the
infraction is in addition to, and does not supersede or limit, any other remedies, civil or
criminal.
Authority: Section 1058.5, Water Code.
References: Cal. Const., Art., X § 2; Sections 102, 104, 105, 275, 350, and 10617,
Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.AppAth
1463.
Sec. 865. Mandatory Actions by Water Suppliers.
(a) As used in this section:
(1) "Distributor of a public water supply" has the same meaning as under
section 350 of the Water Code, except it does not refer to such
distributors when they are functioning solely in a wholesale capacity,
but does apply to distributors when they are functioning in a retail
capacity.
(2) "R-GPCD" means residential gallons per capita per day.
(3) "Total potable water production" means all potable water that enters
into a water supplier's distribution system, excluding water placed into
storage and not withdrawn for use during the reporting period, or water
exported outsider the supplier's service area.
(4) "Urban water supplier" means a supplier that meets the definition set
forth in Water Code section 10617, except it does not refer to suppliers
when they are functioning solely in a wholesale capacity, but does
apply to suppliers when they are functioning in a retail capacity.
(b) In furtherance of the promotion of water conservation each urban water
supplier shall:
(1) Provide prompt notice to a customer whenever the supplier obtains
information that indicates that a leak may exist within the end -user's exclusive control.
(2) Prepare and submit to the State Water Resources Control Board by the 15th of
each month a monitoring report on forms provided by the Board. The monitoring report
shall include the amount of potable water the urban water supplier produced, including
water provided by a wholesaler, in the preceding calendar month and shall compare that
amount to the amount produced in the same calendar month in 2013. The monitoring
report shall specify the population served by the urban water supplier, the percentage of
water produced that is used for the residential sector, descriptive statistics on water
conservation compliance and enforcement efforts, and the number of days that outdoor
irrigation is allowed, and monthly commercial, industrial and institutional sector use.
The monitoring report shall also estimate the gallons of water per person per day used by
the residential customers it serves.
(c)(1) To prevent the waste and unreasonable use of water and to meet the
requirements of the Governor's April 1, 2015 Executive Order, each urban water supplier
shall reduce its total potable water production by the percentage identified as its
conservation standard in this subdivision. Each urban water supplier's conservation
standard considers its service area's relative per capita water usage.
(2) Each urban water supplier whose source of supply does not include
groundwater or water imported from outside the hydrologic region in which the water
supplier is located, and that has a minimum of four years' reserved supply available may,
submit to the Executive Director for approval a request that, in lieu of the reduction that
would otherwise be required under paragraphs (3) through (10), the urban water supplier
shall reduce its total potable water production by 4 percent for each month as compared
to the amount used in the same month in 2013. Any such request shall be accompanied
by information showing that the supplier's sources of supply do not include groundwater
or water imported from outside the hydrologic region and that the supplier has a
minimum of four years' reserved supply available.
(3) Each urban water supplier whose average July -September 2014 R-GPCD was
less than 65 shall reduce its total potable water production by 8 percent for each month as
compared to the amount used in the same month in 2013.
(4) Each urban water supplier whose average July -September 2014 R-GPCD was
65 or more but less than 80 shall reduce its total potable water production by 12 percent
for each month as compared to the amount used in the same month in 2013.
(5) Each urban water supplier whose average July -September 2014 R-GPCD was
80 or more but less than 95 shall reduce its total potable water production by 16 percent
for each month as compared to the amount used in the same month in 2013.
(6) Each urban water supplier whose average July -September 2014 R-GPCD was
95 or more but less than 110 shall reduce its total potable water production by 20 percent
for each month as compared to the amount used in the same month in 2013.
(7) Each urban water supplier whose average July -September 2014 R-GPCD was
l 10 or more but less than 130 shall reduce its total potable water production by
24 percent for each month as coiiparcd to the amount used In the Same month in 2013.
(8) Each urban water supplier whose average July -September 2014 R-GPCD was
130 or more but less than 170 shall reduce its total potable water production by
28 percent for each month as compared to the amount used in the same month in 2013.
(9) Each urban water supplier whose average July -September 2014 R-GPCD was
170 or more but less than 215 shall reduce its total potable water production by
32 percent for each month as compared to the amount used in the same month in 2013.
(10) Each urban water supplier whose average July -September 2014 R-GPCD
was 215 or more shall reduce its total potable water production by 36 percent for each
month as compared to the amount used in the same month in 2013.
(d)(1) Beginning June 1, 2015, each urban water supplier shall comply with the
conservation standard specified in subdivision (c).
(2) Compliance with the requirements of this subdivision shall be measured
monthly and assessed on a cumulative basis.
(e)(1) F.ach urban water supplier that provides Potable water for commercial
agricultural use meeting the definition of Government Code section 51201, subdivision
(b), may subtract the amount of water provided for commercial agricultural use from its
potable water production total, provided that any urban water supplier that subtracts any
water provided for commercial agricultural use from its total potable water production
shall:
(A) Impose reductions determined locally appropriate by the urban water supplier,
after considering the applicable urban water supplier conservation standard specified in
subdivision (c), for commercial agricultural users meeting the definition of Government
Code section 51201, subdivision (b) served by the supplier;
(B) Report its total potable water production pursuant to subdivision (b)(2) of this
section, the total amount of water supplied for commercial agricultural use, and shall
identify the reduction imposed on its commercial agricultural users and each recipient of
potable water for commercial agricultural use;
(C) Certify that the agricultural uses it serves meet the definition of Government
Code section 51201, subdivision (b); and
(D) Comply with the Agricultural Water Management Plan requirement of
paragraph 12 of the April 1, 2015 Executive Order for all commercial agricultural water
served by the supplier that is subtracted from its total potable water production.
9
(2) Submitting any information pursuant to subdivision (e)(1)(B) or (C) of this
section that is found to be materially false by the board is a violation of this regulation,
punishable by civil liability of up to five hundred dollars ($500) for each day in which the
violation occurs. Every day that the error goes uncorrected constitutes a separate
violation. Civil liability for the violation is in addition to, and does not supersede or
limit, any other remedies, civil or criminal.
(f)(1) To prevent waste and unreasonable use of water and to promote water
conservation, each distributor of a public water supply that is not an urban water supplier
shall take one or more of the following actions:
(A) Limit outdoor irrigation of ornamental landscapes or turf with potable water
by the persons it serves to no more than two days per week; or
(B) Reduce by 25 percent reduction its total potable water production relative to
the amount produced in 2013.
(2) Each distributor of a public water supply that is not an urban water supplier
shall submit a report by December 15, 2015, on a form provided by the Board, that either
confirms compliance with subdivision (f)(1)(A) or identifies total potable water
production, by month, from June through November, 2015, and total potable water
production, by month, for June through November 2013.
Authority: Section 1058.5, Water Code.
References: Cal. Const., Art., X § 2; Sections 102, 104, 105, 275, 350, 1846, 10617
and 10632, Water Code; Light v. State Water Resources Control Board (2014) 226
Cal.AppAth 1463.
Sec. 866. Additional Conservation Tools.
(a)(1) To prevent the waste and unreasonable use of water and to promote
conservation, when a water supplier does not meet its conservation standard required by
section 865 the Executive Director, or the Executive Director's designee, may issue
conservation orders requiring additional actions by the supplier to come into compliance
with its conservation standard.
(2) A decision or order issued under this article by the board or an officer or
employee of the board is subject to reconsideration under article 2 (commencing with
section 1122) of chapter 4 of part 1 of division 2 of the California Water Code.
(b) The Executive Director, or his designee, may issue an informational order
requiring water suppliers, or commercial, industrial or institutional properties that receive
any portion of their supply from a source other than a water supplier subject to section
865, to submit additional information relating to water production, water use or water
conservation. The failure to provide the information requested within 30 days or any
additional time extension granted is a violation subject to civil liability of up to
$500 per day for each day the violation continues pursuant to Water Code section 1846.
Authority: Section 1058.5, Water Code.
References: Cal. Const., Art., X § 2; Sections 100, 102, 104, 105, 174, 186, 187, 275,
350, 1051, 1122, 1123, 1825, 1846, 10617 and 10632, Water Code; Light v. State Water
Resources Control Board (2014) 226 Cal.AppAth 1463.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON DECLARING A PHASE II WATER SUPPLY SHORTAGE
PURSUANT TO SECTION 25.104 OF THE VERNON MUNICIPAL
CODE
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, by memorandum dated June 2, 2015, the Director of
Public Works, Water and Development Services has recommended the City
Council declare a Phase II Water Supply Shortage pursuant to Vernon
Municipal Code Section 25.104; except that provision (a) be modified
to permit watering of landscapes to two days a week all year and
provision (g), which requires mandatory water reductions, not be
required at this time; and
WHEREAS, the City Council of the City of Vernon desires to
declare a Phase II Water Supply Shortage.
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), in accordance with Section 15061(b)(3), the general rule
that CEQA only applies to projects that may have a significant effect
on the environment; and (b) 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
declares a Phase II Water Supply Shortage pursuant to Section 25.104
of the Vernon Municipal Code except that section (a) be modified to
read as follows: "(a) Watering days: Watering or irrigating of lawn,
landscape or other vegetated area with potable water is limited to two
(2) days per week on a schedule established and posted by the City.
This provision does not apply to landscape irrigation zones that
exclusively use very low flow drip irrigation zones systems when no
emitter produces more than two (2) gallons of water per hour. This
provision also does not apply to watering by hand-held bucket or
similar container, a hand-held hose equipped with a positive self -
closing water shut off nozzle or device, or for very short periods of
time for the express purpose of adjusting or repairing an irrigation
system. In addition, watering or irrigating of lawn, landscape or other
vegetated area with potable water is prohibited between the hours of 6:00
a.m. and 6:00 p.m." Also excepting section (g) in its entirety, which
requires mandatory water reductions.
s�
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 June, 2015.
ATTEST:
City Clerk / Deputy City Clerk
APPROVED AS TO FORM:
-0�� (��
Brian Byun, Depu 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, June 2, 2015, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of June, 2015, at Vernon, California.
(SEAL)
City Clerk / Deputy City Clerk
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