Item F-3 Agenda Report — Beverly Hills City Council, June 14, 2022

Page 1 of 5 ends

AGENDA REPORT
Meeting Date: June 14, 2022
Item Number:

To: Honorable Mayor & City Council
From: Robert Welch, P.E., Utilities General Manager
Debby Dunn, Water Conservation Administrator
Subject: PUBLIC HEARING TO UPDATE THE CITY COUNCIL ON
CALIFORNIA’S EMERGENCY DROUGHT AND CITY MANAGER

ORDER CONCERNING WATER CONSERVATION MEASURES

TO ALIGN WITH THE STATE
Attachments: 1. Proposed City Manager Order Concerning Water Conservation Measures

2. Beverly Hills Drought Resolution No. 22-R-13384, 2/8/22

3. Beverly Hills – Stage C Resolution No. 17-R-13135, 4/20/17

4. State – Executive Order N-7-22, 2/26/22

5. State – Level 2 Water Shortage Actions, 4/15/22

6. State – Urban Wasteful Water Use, 4/20/22

7. State – Emergency Regulation Resolution, 5/24/22

8. Metropolitan Water District Drought Resolution 9305, 4/26/22

9. Impacted State Water Project Dependent Areas

10. Outreach Efforts

11. Public Works Commission Recommendation 6/9/22

RECOMMENDATION
Staff recommends City Council move to approve additional water conservation measures in support of the current State Drought Emergency and direct the City Manager to issue an order (Attachment 1) that includes:  Continuing the “Stage C” of the City’s Water Conservation plan, as approved by City Council on February 8, 2022 (Attachment 2).  Maintaining a 2-day a week watering schedule instead of moving to 3-day a week watering schedule on June 1, as noted in the City’s Stage C, Resolution No. 17- R-13135 (Attachment 3). Note: The State regulations allows watering to ensure the health of trees and other perennial non-turf plantings. •

BEVERLY
HILLS
.�
F-3
Meeting Date: June 14, 2022

Page 2 of 5 ends

 Prohibiting the use of potable water for outdoor irrigation, including the use of a hose, between 9 am to 6 pm.

INTRODUCTION
At the request of Mayor Bosse, this item provides information on California’s Emergency Drought, the State’s regulations, the City of Beverly Hills’ current actions to address the situation as well as recommended measures to be implemented in support of the drought.

DISCUSSION
On October 19, 2021, only four years after the 2014-2017 California drought was called off, Governor Gavin Newsom released an Executive Order, which expanded the statewide drought declaration to include all of California. Adel Hagekhalil, General Manager of the Metropolitan Water District of Southern California, responded to this Executive Order with a press release explaining that, “As California faces some of the driest conditions we’ve ever seen, we need a united, statewide response.” At the February 8, 2022, City Council meeting, City Council adopted Resolution No. 22- R-13384 (Attachment 2) declaring a drought and promoting water efficiency through increased education and enforcement of water conservation measures. This action aided the conservation program necessary to support the potentially serious State Water cutbacks. The City stayed in the present Water Conservation Stage C with this increased education and enhanced enforcement.

Due to the growing drought severity, Governor Newsom released Executive Order N-7- 22 (Attachment 4) on March 28, 2022. Highlights of this Order are:  Californians limit summertime water use and to use water more efficiently indoors and out.  Urban water suppliers to conserve more than required by the emergency regulations and voluntarily activate more stringent local requirements based on a shortage level of up to thirty percent.  The State Water Resources Control Board discussed banning "non-functional turf" in the commercial, industrial and institutional sectors.

On April 14, 2022, in response to Executive Order N-7-22, the Department of Water Resources issued a Memorandum to the State Water Resources Control Board titled Model Level 2 Water Shortage Response Actions for Urban Water Supplier Water Shortage Contingency Planning (Attachment 5). This memo provided information on how suppliers comply with the order by implementing a 20% reduction in water use.

Please note that the City has stayed in Drought Stage C with a 20% reduction since the end of the 2017 drought.

On April 20, 2022, following up on the Governor’s order, the State Water Resources Control Board issued the Working Staff Draft of Proposed Text of Operative Conservation Provisions of Emergency Regulation (Attachment 6). Some highlights of the proposed text are listed below:  Initiate a public information and outreach campaign for water conservation.  Implement and enforce an ordinance limiting landscape irrigation to no more than two days per week and prohibit irrigating between 10am and 6pm.

Meeting Date: June 14, 2022

Page 3 of 5 ends

 Prohibit the use of potable water to irrigate non-functional turf at commercial, industrial and institutional sites. Non-functional turf does not include sports fields and turf that is regularly used by humans for recreational purposes or for civic or community events.

On May 24, 2022, the State Water Resources Control Board (State Water Board) adopted a drought-related emergency water conservation regulation that places new requirements on urban water suppliers and new restrictions related to irrigation of nonfunctional turf. The regulation is expected to go into effect on or around June 10, 2022, (Attachment 7) and will remain in effect for one year unless the State Water Board acts to end, modify or readopt. Three specific elements of the regulation include:

1. Requires urban water suppliers to implement, at a minimum, all demand reduction actions identified in Level 2 of their locally adopted Water Shortage Contingency Plans.

2. Requires urban water suppliers to submit a preliminary water supply and demand assessment to the Department of Water Resources by June 1, 2022.

3. Prohibits irrigation of non-functional turf with potable water in the commercial, industrial and institutional sector. The ban on irrigation would include nonresidential grass areas that are considered ornamental and not otherwise used for recreation or other community purposes. The prohibition on irrigation of nonfunctional turf does not apply to residential customers, turf irrigated with recycled water or irrigation of trees and other perennial plantings. The prohibition does apply to homeowner associations’ common areas. Water suppliers are authorized to fine customers not in compliance.

State Water Board staff will be developing a detailed “frequently asked questions” document to help clarify the regulation specifics. Development of such a document was one of the recommendations made by Association of California Water Agencies (ACWA) in a written comment letter submitted jointly with the California Municipal Utilities Association in response to the draft regulation.

ACWA staff and a number of member agencies testified during the State Water Board meeting to urge a locally driven approach that recognizes local water supply conditions as opposed to a one-size-fits-all regulation.

Agencies also shared information about their conservation efforts and investments in climate resiliency, including the diversification of water supplies through potable reuse, increased storage, increasing use of recycled water and other projects.

Based on water agency and stakeholder comments, the State Water Board added some new changes to the proposed regulation during its meeting. First, the State Water Board clarified that if a State Water dependent area water supplier has not submitted a Water Shortage Contingency Plan, and will be following the default Level 2 response actions outlined in the regulations, the limitation on outdoor watering two days a week is limited to potable water. Further, a limited exemption from the requirement to adopt Level 2 of locally adopted Water Shortage Contingency Plans was added. Finally, a small exception was provided for non-functional turf that meets certain drought-tolerance standards, among other more technical updates and changes.

Meeting Date: June 14, 2022

Page 4 of 5 ends

On April 26, 2022, the Metropolitan Water District (MWD) board declared a first-of-its- kind water shortage emergency (Attachment 8), requiring the cities and water agencies within State Water Project (SWP) dependent areas (Attachment 9) to implement watering restrictions of one day a week with enforcement or a prescribed allocation by June 1, or face hefty fines of up to $2,000 per acre-foot of additional use. “We have to make these finite supplies last the entire year,” General Manager Adel Hagekhalil said. “If we don’t cut back now, we could be limited to providing only enough water to meet health and human safety needs in these communities. That would effectively eliminate all outdoor water use. Let’s all heed the urgent call for conservation and proactively reduce unnecessary water use.” MWD will monitor water use in the SWP dependent areas and if the restrictions do not work, MWD could order an all-out ban on outdoor watering in SWP dependent areas as soon as September 1. MWD serves 26 public water agencies in Southern California and provides supplies to approximately 19 million people in the Counties of Los Angeles, Orange, Riverside, San Bernardino, San Diego and Ventura. MWD emergency declaration focuses on only those agencies that are located in SWP dependent areas because they are in the areas that have access to the least amount of water supply sources. Currently, this will impact six agencies. The City of Beverly Hills is not one of the agencies because the City has access to MWD’s original source of water from the Colorado River. Just like the City’s water reliability charge, which allows the City to invest in water resiliency projects, MWD is focusing on investments in their system via physical projects and/or storage, to increase multiple water sources to all MWD member agencies.

While Beverly Hills is not reliant on only SWP supplies, the City continues to model stewardship in support of MWD and State requirements. The City is working closely with MWD staff and various State agencies to keep abreast of additional changes and restrictions.

Drought Measures Implemented by Beverly Hills
Since the last drought, even when the City could have relaxed conservation efforts, Beverly Hills stayed in a Water Conservation Stage C, which entails a 20% reduction of water use, two watering days October through May and three watering days June through September between the hours of 5pm and 9am only. Since 2017, the City has averaged a 20% reduction in water use compared to 2013, and has done so with growing water demands from new development in Beverly Hills and West Hollywood.

The City has also invested in local groundwater development that enables the City to reduce its demand on MWD imported water, preserving water storage and diversifying our water portfolio by adding resiliency to the City’s system.

Conservation outreach is the first step to compliance and is continually provided via direct mail postcards, emails, newspaper articles, letters, telephone calls, site visits, Public Works Backbone articles and various social media outlets (Attachment 10).

The City has also implemented measures to limit water use through other avenues.

Watering on the Burton Way Median has stopped as it is under construction with the new water wise landscape transformation Burton Way Median Project. Sunset Median is being watered with a non-potable water source from the Cabrillo Reservoir. In addition, irrigation at City Parks has been reduced.

Meeting Date: June 14, 2022

Page 5 of 5 ends

There are some Health and Safety items that are permissible and will continue, like our required hydrant flushing process, which is necessary for our water distribution system to meet water quality regulations. The last of this year’s efforts were completed by the end of May. Another service that will be maintained is the City’s sidewalk cleaning program.

Additional drought outreach and signage is in the final completion stages and we anticipate this being out in the public very soon. Outreach includes:  Postcard to all single-family dwellings.  Clings for elevators and other highly visible locations.  Signage for turning off the fountain at Coldwater Park.  Signage for the Burton Way Median.  Signage for Public Works trucks.

Additional Drought Measure
In response to the State’s actions to address California’s extreme drought and to demonstrate our commitment with an understanding the City has diversified its water supply portfolio, staff recommends implementing the following measures:  Continuing “Stage C” of the City’s Water Conservation Plan, as approved on February 8, 2022.  Requiring 2-day a week watering instead of returning to 3-day a week watering on June 1, as noted in the City’s Stage C. Note: The State regulations allows watering to ensure the health of trees and other perennial non-turf plantings.  Prohibiting the use of potable water for outdoor irrigation between 9am to 6pm.

Staff presented these same recommendations to the Public Works Commission on June 9, 2022. Since the City Council packet deadline to complete this report was prior to the conclusion of the Public Works Commission, Staff is providing the recommendations of the Commission as attachment 11. Staff is recommending integrating the Public Works Commission’s additions with the original recommendation. Staff will explain further during the presentation at City Council on June 14, 2022.

Courtesy noticing regarding City Council’s consideration of these water conservation measures on June 14, 2022, was done in the Beverly Hills Courier. Prior to that, information was shared with all City water tracker subscribers and the City’s website was updated as well.

FISCAL IMPACT
There is no direct fiscal impact to this item at this time. However, upcoming reductions to outdoor watering will result in decreased revenue as conservation increases. If the drought persists and mandatory conservation measures intensify, City Council may consider the City’s rate stabilization rates be implemented to address revenue loss.

Shana Epstein, Director of Public Works
Approved By
Attachment 1

ORDER OF IMPLEMENTATION OF WATER CONSERVATION MEASURES BY

THE CITY MANAGER OF THE CITY OF BEVERLY HILLS
WHEREAS, on June 14, 2022, the City Council of the City of Beverly Hills conducted a duty noticed public hearing regarding California entering into another severe drought (the “Drought”) and implementing additional water conservation measures; and WHEREAS, at that public hearing, all interested persons were allowed to speak; and WHEREAS, based on the foregoing and in accordance with Section 9-4-308 of the Municipal Code of the City of Beverly Hills, the City Manager is empowered to implement water conservation measures including, or in addition to, those set forth in Section 9-4-303.

NOW THEREFORE, IT IS ORDERED THAT in order to address the Drought, the following water conservation measures are implemented:
• Continue “Stage C” of the City’s Water Conservation plan, as approved by the City Council of Beverly Hills on February 8, 2022;
• Restrict landscape irrigation in accordance with Beverly Hills Municipal Code Section 9- 4-304, as follows: (1) North of Santa Monica Blvd.: Monday & Friday; and (2) South of Santa Monica Blvd.: Tuesday & Saturday; and
• Prohibit the use of potable water for outdoor irrigation between 9 a.m. to 6 p.m.

Dated:

By:___________________________________
City Manager
City of Beverly Hills

Attachment 2
DocuSign Envelope ID: OA820160-EF5E-4F23-9E20-F639CC77AC36 RESOLUTION NO. 22-R- 13384

RESOLUTION OF THE COUNCIL OF THE CITY OF BEYERL Y HILLS DECLARING A DROUGHT

RECITALS
WHEREAS, the City of Beverly Hills declared Stage C Water Conservation in 2017 via Resolution 17-R-13135 (the '"2017 Resolution"), and is declaring a drought while maintaining existing conservation measures.

WHEREAS, Southern California has entered another severe drought less than five years after ending the 2017 drought.

WHEREAS, on September 2, 2014, the City Council adopted Resolution No. 14-R-13007 which enacted Stage "B" of the City's Emergency Water Conservation Plan in response to the State's regulations, calling for a I 0% reduction, with the inclusion of the State outdoor watering regulations, and restricted outdoor watering to three times per week.

WHEREAS, the City of Beverly Hills adopted and implemented water conservation Stage Don May 5, 2015 by Resolution No. 15-R-13037 in response to the State's regulations, calling for a 30% reduction, including enforcement of State outdoor watering regulations, and limited outdoor watering to two times per week.

WHEREAS, on November 13, 2015, Governor Brown issued Executive Order B-36-15 (EO B-36-15) calling for an extension of urban water use restrictions until October 31, 2016, should drought conditions persist through January 2016.

WHEREAS On May 9, 2016, Governor Brown issued Executive Order B-37-16 directing actions aimed at using water wisely, reducing water waste, and improving water use efficiency.

The Executive Order, in part, directed the State Water Resources Control Board to adjust emergency water conservation regulations through the end of January 2017, and make adjustments in recognition of the differing water supply conditions across the state.

WHEREAS, on May 18, 2016, the State Water Resources Control Board adopted Resolution No. 2016-0029 to amend and re-adopt the February 2016 Emergency Regulation primarily focusing on replacing the state-developed, demand-driven standards with locally developed conservation standards based upon each agency's specific water supply reliability conditions. The plan called for permanently prohibiting wasteful practices, regular reporting by water suppliers, tightening up leaky systems, and strengthening plans for water shortages to ensure -1- 80785-0001 \2616790v2.doc
DocuSign Envelope ID: OA82D160-EF5E-4F23-9E20-F639CC77AC36 all communities have sufficient water supplies and are conservmg water regardless of the conditions of any one year.

WHEREAS, on February 8, 2017, the State Water Resources Control Board extended its existing water conservation regulations (initially set to expire on February 28, 2017) through the Spring of 2017 in order to better ascertain the state's hydrologic water conditions for 2016-2017.

WHEREAS, on April 7, 201 7, Governor Jerry Brown ended the drought state of emergency in most of California and released a long-term plan to better prepare the state for future droughts.

The Governor's Executive Order (EO) B-40-17 directed the State Water Board to rescind the water supply stress test for urban water suppliers, and to maintain urban water use reporting requirements and prohibitions on wasteful practices.

WHEREAS_, drought conditions improved in 2017 thereby prompting the City to go from the Stage D Emergency Water Conservation Plan to Stage C with new restrictions.

WHEREAS, on April 20, 2017, the City Council adopted Resolution No. 17-R-13135 prompting the City to go from the Stage D Emergency Water Conservation Plan to Stage C, mandating a minimum twenty percent (20%) reduction in potable water, after drought conditions improved.

WHEREAS, on April 21, 2021 Governor Gavin Newsom declared a drought emergency in Mendocino and Sonoma counties after California entered its second consecutively dry year.

WHEREAS, in August of 2021, the Bureau of Reclamation, the federal agency that oversees operations on the Colorado River, declared a water shortage at Lake Mead for the first time in history. Spurred by the 2019 Drought Contingency Plan, when the lake hit 1,075 feet, Tier 1 (one) water restrictions went into effect.

WHEREAS, on September 28, 2021, 88% of California was in "extreme" or "exceptional" drought in mid-October according to the U.S. Drought Monitor.

WHEREAS, on October 19, 2021 Governor Gavin Newsom released an Executive Order which expanded the statewide drought declaration to include all of California. Adel Hagekhalil, General Manager of the Metropolitan Water District of Southern California (Metropolitan), responded to this Executive Order with a press release explaining that "As California faces some of the driest conditions we've ever seen, we need a united, statewide response." WHEREAS, December of 2021 brought ample rain to Northern and Southern California and several feet of snowpack to the Sierra Nevada. Despite receiving this precipitation, the State's reservoirs are predominately still under the historical average mark, with Lake Oroville at 46% of its total capacity and 80% of historical average. -2- B0785-0001 \2616790v2.doc DocuSign Envelope ID: OA82D160-EF5E-4F23-9E20-F639CC77AC36 WHEREAS, the City of Beverly Hills has achieved an average twenty percent (20%) reduction in potable water use since 2017 through permanent restrictions and water efficiency programs. To promote water efficiency, the City will be increasing education and enforcement of the conservation measures.

NOW, THEREFORE, the Council of the City of Beverly Hills does hereby resolve as follows:

Section 1. There is a continued drought in the region and staff is hereby directed to increase education around the community regarding water conservation regulations and to increase enforcement.

Section 2. The City Clerk shall certify to the adoption of this resolution and shall cause this resolution and her certification to be entered in the book of Resolutions of the Council of the City.

Adopted: February 8, 2022
ATTEST:
) \J ,, \) \ '· /1 / I . . ROBERT WUNDERLICH Mayor of the City of Beverly Hills, California �� D�t-J, __________ (SEAL)

HUMAAHMED
City Clerk
APPROVED AS TO FORM:

LAURENCE S. WIENER
City Attorney
80785-0001 \2616790v2.doc -3-
APPROVED AS TO CONTENT:

GEORGE CHAVEZ
City Manager
Certificate Of Completion
Envelope Id: OA82D160EF5E4F239E20F639CC77AC36
Subject: Please DocuSign: Resolution declaring drought rev1 .DOCX Source Envelope:

Document Pages: 3
Certificate Pages: 3
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
DocuSign·
Status: Completed Envelope Originator: Melissa Gomez
455 N. Rexford Drive
Beverly Hills, CA 90210 [email protected]
IP Address: 198.245.189.169
Signatures: 4
Initials: 1
Record Tracking
Status: Original
2/2/2022 3:58:28 PM
Signer Events
Lolly A. Enriquez for
[email protected] Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Logan Phillippo
[email protected] Senior Management Analyst City of Beverly Hills Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure:

Not Offered via DocuSign
George Chavez
[email protected]
Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Robert Wunderlich
[email protected] Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Holder: Melissa Gomez
[email protected]
Signature
Signature Adoption: Drawn on Device
Using IP Address: 208.87.234.201
Signature Adoption: Pre-selected Style
Using IP Address: 76.168.110.145
Signature Adoption: Pre-selected Style
Using IP Address: 76.95.192.176 Signature Adoption: Pre-selected Style Using IP Address: 104.175.7.182
Location: DocuSign
Timestamp
Sent: 2/2/2022 4:02:40 PM
Viewed: 2/2/2022 4:03:11 PM
Signed: 2/2/2022 4:03:17 PM
Sent: 2/2/2022 4:03:19 PM
Viewed: 2/14/2022 1 :26:37 PM
Signed: 2/14/2022 1 :26:41 PM Sent: 2/14/2022 1 :26:44 PM Viewed: 2/22/2022 8:08:54 AM
Signed: 2/22/2022 8:08:59 AM Sent: 2/22/2022 8:09:00 AM Viewed: 2/22/2022 8:52:02 AM
Signed: 2/22/2022 8:52:16 AM
Signer Events
Huma Ahmed
[email protected] Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Signature Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.154
Timestamp
Sent: 2/22/2022 8:52:19 AM
Resent: 3/7 /2022 5:32:23 PM
Viewed: 3/9/2022 9:59:37 AM
Signed: 3/9/2022 9:59:43 AM
In Person Signer Events Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Certified Delivery Events Carbon Copy Events
Jill Doohen [email protected]
City of Beverly Hills Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Signature Timestamp
Status Timestamp
Status Timestamp Status Timestamp Status Timestamp
Status Timestamp
COPIED Sent: 2/2/2022 4:02:40 PM
Shani Parker [email protected] City of Beverly Hills Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Adrianne Tarazon
[email protected]
Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Dorina Mohan
[email protected]
Security Level: Email, Account Authentication (None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Jackie Perez
[email protected]
Security Level: Email, Account Authentication (None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign

COPIED COPIED COPIED COPIED
Sent: 2/2/2022 4:02:41 PM Sent: 2/22/2022 8:09:01 AM
Sent: 2/22/2022 8:09:01 AM Sent: 2/22/2022 8:52:19 AM
Viewed: 3/10/2022 12:23:25 PM
C
arb
on
C
o
py
E
vents
Status
Tim
e
stamp
Lourdes Sy-Rodriguez
C
O
P
I
ED
Sent: 2/22/2022 8:52:19
AM
[email protected] Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witne
ss
E
vents
Signature
Tim
e
stamp
N
otary
E
vents
Signature
Tim
e
stamp
Envelo
pe
Sum
m
ary Events
Status
Tim
e
stam
ps
Envelope Sent Hashed/Encrypted 2/2/2022 4:02:41 PM
Certified Delivered Security Checked 3/9/2022 9:59:37 AM Signing Complete Security Checked 3/9/2022 9:59:43 AM Completed Security Checked 3/9/2022 9:59:43 AM
P
a
y
m
ent E
vents
Status
Tim
e
stam
ps
Attachment 3
RESOLUTION NO. 17-R-13135

RESOLUTION OF THE COUNCIL OF THE CITY OF

BEYERL Y HILLS DECLARING AND IMPLEMENTING

STAGE C WATER CONSERVATION MEASURES

RECITALS
WHEREAS, Southern California was mired in a five-year drought with several of those years being the worst on record, including a snowpack in 2015 that was the smallest in 500 years.

WHEREAS, on September 2, 2014, the City Council adopted Resolution No. 14-R13007 which enacted Stage "B" of the City's Emergency Water Conservation Plan in response to the State's regulations, calling for a 10% reduction, with the inclusion of the State outdoor watering regulations, and restricted outdoor watering to three times per week.

WHEREAS, on April 1, 2015, Governor Brown signed Executive Order B-29-15, directing the State Water Resources Control Board to impose restrictions to achieve a statewide 25 percent reduction in potable urban water usage through February 2016, as compared to the amount used in 2013. The Governor instructed the State Water Resources Control Board to consider the relative per capita water usage of each supplier's service area and to require those areas with high per capita use to achieve proportionally greater reductions than those with low use. As a result, the State Water Resources Control Board released a framework, outlining reduction targets from 8% to 36% for each water supplier, with Beverly Hills having of having an initial reduction target of 36% and then subsequently reduced to a 32% reduction target.

WHEREAS On May 9, 2016, Governor Brown issued Executive Order B-37-16 directing actions aimed at using water wisely, reducing water waste, and improving water use efficiency.

WHEREAS, on May 18, 2016, the State Water Resources Control Board adopted Resolution No. 2016-0029 to amend and re-adopt the February 2016 Emergency Regulation primarily focusing on replacing the state-developed, demand-driven standards with locally developed conservation standards based upon each agency's specific water supply reliability conditions. The regulation required individual urban water suppliers to self-certify the level of -1-
B07 85-0001 \2060768v2.doc
available water supplies they have assuming three additional dry years, and the level of conservation necessary to assure adequate supply over that time. The City of Beverly Hills, along with the majority of suppliers passed this "stress test" and has not been subject to State conservation mandates.

WHEREAS, as a result of that order, the State Water Resources Control Board and other State agencies released a draft plan that shifts from statewide mandatory water restrictions toward a set of long-term water-use efficiency standards that reflect California's diverse climate, landscape, and demographic conditions. The plan also calls for permanently prohibiting wasteful practices, regular reporting by water suppliers, tightening up leaky systems, and strengthening plans for water shortages. These actions will help to ensure all communities have sufficient water supplies and are conserving water regardless of the conditions of any one year.

WHEREAS, on April 7, 2017, Governor Jerry Brown ended the drought state of emergency in most of California and released a long-term plan to better prepare the state for future droughts. The Governor's Executive Order (EO) B-40-17 directs the State Water Board to rescind the water supply stress test for urban water suppliers, and to maintain urban water use reporting requirements and prohibitions on wasteful practices such as watering during or after rainfall, hosing off sidewalks, and irrigating ornamental turf on public street medians until these requirements expire towards the end of this year. Despite the generous rain fall and snowpack, EO B-40-17 notes the effects of the drought persist in areas of the Central Valley, including groundwater depletion and subsidence.

WHEREAS, drought conditions have improved due to ample rain and snow pack, but Southern California still suffers from abnormally dry conditions per the State Water Resources Control Board. Therefore, the City wishes to go from the Stage D Emergency Water Conservation Plan to Stage C.

NOW THEREFORE, the City Council of the City of Beverly Hills does hereby resolve as follows:

Section 1. Water Conservation Stage D is hereby repealed and replaced with Water Conservation Stage C throughout the City's service area mandating a minimum twenty percent (20%) reduction in potable water use.

Section 2. The City Council hereby directs that the Director of Public Works implement Water Conservation Stage C as follows:

Stage C Requirements:

1. A stage C shortage shall be declared when the city manager determines that a twenty percent (20%) reduction in potable water use is required. -2-
80785·0001 \2060768v2.doc

2. Stage C compliance elements shall include the following mandatory elements:
a. Restaurants shall serve water upon request only;
b. All public restrooms in the city and private bathrooms in hotels shall notify patrons and employees of water conservation goals; c. Plumbing and irrigation leaks shall be repaired as soon as practicable. The city may issue notices to repair visible leaks;

3. Violation by any person of the stage C mandatory requirements shall constitute a misdemeanor and, upon conviction, shall be punished by a fine not to exceed five hundred dollars ($500.00). Water supply through irrigation water services may be terminated for continued excessive use. The violation of each element, and each separate violation thereof, shall be deemed a separate offense, and shall be punished accordingly.

Section 3. The City Council hereby adopts the following additional conditions during the Stage C Water Conservation Plan:

1. During the months of October through May, outdoor watering shall occur a maximum of two (2) day per week as follows:
a. North of Santa Monica Boulevard - Monday and Friday
b. South of Santa Monica Boulevard - Tuesday and Saturday

2. During the months of June through September, watering shall occur a maximum of three (3) days per week as follows:
a. North of Santa Monica Boulevard-Monday, Wednesday and Friday b. South of Santa Monica Boulevard - Tuesday, Thursday and Saturday

3. The State's permanent watering restrictions per Executive Order B-37-16 (see https://www.gov.ca.gov/docs/5.9.16 Executive Order.pd!) shall remain in effect.

Section 4. The City Council hereby finds, in the exercise of its independent judgment and analysis, that this Resolution is exempt from the California Environmental Quality Act ("CEQA") because the requirements for water conservation contained in this Resolution will not have a significant effect on the environment, and the adoption of this Resolution and the timing thereof is mandated by the current drought conditions and the State Water Resources Control Board 's water reduction target for the City. In this case, the City is acting at the direction of the State Water Resources Control Board to protect, maintain, restore and enhance natural resources and the environment. To comply with the requirements of the State Water Resources Control Board, the City Council finds that the adoption of this Resolution is categorically exempt from the requirements of CEQA pursuant to CEQA Guidelines Sections 15307 and 15308. furthermore, this Resolution will have no possible 2 significant effect on the environment, given -3-
B0785-0001 \2060768v2.doc
that the provisions of this Resolution provide similar regulations as currently exist and will not in and of themselves cause any change in the Environment. Staff is hereby directed to prepare and post a notice of exemption pursuant to CEQA Guidelines Section 15062.

Section 5. In accordance with Beverly Hills Municipal Code Section 9-4-303, the City Council hereby directs the City Clerk to publish this Resolution within 10 days of its adoption at least once in a newspaper of general circulation within the city and to post this Resolution in at least three (3) public places and continue to post this Resolution until such time as the restrictions set forth herein are repealed by resolution of the City Council.

Section 6. The City Clerk shall certify to the adoption of this resolution and shall cause this resolution and his certification to be entered in the book of Resolutions of the Council of the City.

Adopted: April 20, 2017
Mayor of the City of Beverly Hills,
California

L&RENCE IENER
City Attorn

GEORGE CHAVEZ
Assistant City Manager/Director of Public
Works
-4-
807 85-0001 \2060768v2.doc
Attachment 4

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-7-22
WHEREAS on April 12, 202 l, May l 0, 202 l, July 8, 202 l, and October 19, 2021, I proclaimed states of emergency that continue today and exist across all the counties of California, due to extreme and expanding drought conditions; and
WHEREAS climate change continues to intensify the impacts of droughts on our communities, environment, and economy, and California is in a third consecutive year of dry conditions, resulting in continuing drought in all parts of the State; and
WHEREAS the 21st century to date has been characterized by record warmth and predominantly dry conditions, and the 2021 meteorological summer in California and the rest of the western United States was the hottest on record; and
WHEREAS since my October 19, 2021 Proclamation, early rains in October and December 202 l gave way to the driest January and February in recorded history for the watersheds that provide much of California's water supply; and WHEREAS the ongoing drought will have significant, immediate impacts on communities with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the two largest reservoirs of the Central Valley Project, which supplies water to farms and communities in the Central Valley and the Santa Clara Valley and provides critical cold-water habitat for salmon and other anadromous fish, have water storage levels that are approximately l. l million acre-feet below last year's low levels on this date; and WHEREAS the record-breaking dry period in January and February and the absence of significant rains in March have required the Department of Water Resources to reduce anticipated deliveries from the State Water Project to 5 percent of requested supplies; and
WHEREAS delivery of water by bottle or truck is necessary to protect human safety and public health in those places where water supplies are disrupted; and
WHEREAS groundwater use accounts for 41 percent of the State's total water supply on an average annual basis but as much as 58 percent in a critically dry year, and approximately 85 percent of public water systems rely on groundwater as their primary supply; and
WHEREAS coordination between local entities that approve permits for new groundwater wells and local groundwater sustainability agencies is important to achieving sustainable levels of groundwater in critically overdrafted basins; and
WHEREAS the duration of the drought, especially following a multiyear drought that abated only five years ago, underscores the need for California to redouble near-, medium-, and long-term efforts to adapt its water management and delivery systems to a changing climate, shifting precipitation patterns, and water scarcity; and
WHEREAS the most consequential, immediate action Californians can take to extend available supplies is to voluntarily reduce their water use by 15 percent from their 2020 levels by implementing the commonsense measures identified in operative paragraph 1 of Executive Order N-10-21 (July 8, 2021 ); and
WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of the drought conditions.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:
1 . The orders and provisions contained in my April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021 Proclamations remain in full force and effect, except as modified by those Proclamations and herein.

State agencies shall continue to implement all directions from those Proclamations and accelerate implementation where feasible.

2. To help the State achieve its conservation goals and ensure sufficient water for essential indoor and outdoor use, I call on all Californians to strive to limit summertime water use and to use water more efficiently indoors and out. The statewide Save Our Water conservation campaign at SaveOurWater.com provides simple ways for Californians to reduce water use in their everyday lives. Furthermore, I encourage Californians to understand and track the amount of water they use and measure their progress toward their conservation goals.

3. By May 25, .2022, the State Water Resources Control Board (Water Board) shall consider adopting emergency regulations that include all of the following:
a. A requirement that each urban water supplier, as defined in section 10617 of the Water Code, shall submit to the Department of Water Resources a preliminary annual water supply and demand assessment consistent with section 10632.1 of the Water Code no later than June 1, 2022, and submit a final annual water supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code;
b. A requirement that each urban water supplier that has submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum, the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (Level 2), by a date to be set by the Water Board; and
c. A requirement that each urban water supplier that has not submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum,
shortage response actions established by the Water Board, which shall take into consideration model actions that the Department of Water Resources shall develop for urban water supplier water shortage contingency planning for Level 2, by a date to be set by the Water Board.

To further conserve water and improve drought resiliency if the drought lasts beyond this year, I encourage urban water suppliers to conserve more than required by the emergency regulations described in this paragraph and to voluntarily activate more stringent local requirements based on a shortage level of up to thirty percent (Level 3).

4. To promote water conservation, the Department of Water Resources shall consult with leaders in the commercial, industrial, and institutional sectors to develop strategies for improving water conservation, including direct technical assistance, financial assistance, and other approaches. By May 25, 2022, the Water Board shall consider adopting emergency regulations defining "non-functional turf" (that is, a definition of turf that is ornamental and not otherwise used for human recreation purposes such as school fields, sports fields, and parks) and banning irrigation of non-functional turf in the commercial, industrial, and institutional sectors except as it may be required to ensure the health of trees and other perennial non-turf plantings.

5. In order to maximize the efficient use of water and to preserve water supplies critical to human health and safety and the environment, Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended, with respect to the directives in paragraphs 3 and 4 of this Order and any other projects and activities for the purpose of water conservation to the extent necessary to address the impacts of the drought, and any permits necessary to carry out such projects or activities. Entities that desire to conduct activities under this suspension, other than the directives in paragraphs 3 and 4 of this Order, shall first request that the Secretary of the Natural Resources Agency make a determination that the proposed activities are eligible to be conducted under this suspension. The Secretary shall use sound discretion in applying this Executive Order to ensure that the suspension serves the purpose of accelerating conservation projects that are necessary to address impacts of the drought, while at the same time protecting public health and the environment. The entities implementing these directives or conducting activities under this suspension shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

6. To support voluntary approaches to improve fish habitat that would require change petitions under Water Code section 1707 and either Water Code sections 1425 through 1432 or Water Code sections 1725 through 1732, and where the primary purpose is to improve conditions for fish, the Water Board shall expeditiously consider petitions that add a fish and wildlife beneficial use or point of diversion and place of storage to improve conditions for anadromous fish. California Code of Regulations, title 23, section 1064, subdivisions ( a) ( 1) (A) (i)-(ii) are suspended with respect to any petition that is subject to this paragraph.

7. To facilitate the hauling of water for domestic use by local communities and domestic water users threatened with the loss of water supply or degraded water quality resulting from drought, any ordinance, regulation, prohibition, policy, or requirement of any kind adopted by a public agency that prohibits the hauling of water out of the water's basin of origin or a public agency's jurisdiction is hereby suspended. The suspension authorized pursuant to this paragraph shall be limited to the hauling of water by truck or bottle to be used for human consumption, cooking, or sanitation in communities or residences threatened with the loss of affordable safe drinking water.

Nothing in this paragraph limits any public health or safety requirement to ensure the safety of hauled water.

8. The Water Board shall expand inspections to determine whether illegal diversions or wasteful or unreasonable use of water are occurring and bring enforcement actions against illegal diverters and those engaging in the wasteful and unreasonable use of water. When access is not granted by a property owner, the Water Board may obtain an inspection warrant pursuant to the procedures set forth in Title 13 ( commencing with section 1822.50) of Part 3 of the Code of Civil Procedure for the purposes of conducting an inspection pursuant to this directive.

9. To protect health, safety, and the environment during this drought emergency, a county, city, or other public agency shall not:
a. Approve a permit for a new groundwater well or for alteration of an existing well in a basin subject to the Sustainable
Groundwater Management Act and classified as medium- or high-priority without first obtaining written verification from a Groundwater Sustainability Agency managing the basin or area of the basin where the well is proposed to be located that groundwater extraction by the proposed well would not be inconsistent with any sustainable groundwater management program established in any applicable Groundwater
Sustainability Plan adopted by that Groundwater Sustainability Agency and would not decrease the likelihood of achieving a sustainability goal for the basin covered by such a plan; or b. Issue a permit for a new groundwater well or for alteration of an existing well without first determining that extraction of groundwater from the proposed well is ( 1) not likely to interfere with the production and functioning of existing nearby wells, and (2) not likely to cause subsidence that would adversely impact or damage nearby infrastructure.

This paragraph shall not apply to permits for wells that will provide less than two acre-feet per year of groundwater for individual domestic users, or that will exclusively provide groundwater to public water supply systems as defined in section 116275 of the Health and Safety Code.

10. To address household or small community drinking water shortages dependent upon groundwater wells that have failed due to drought conditions, the Department of Water Resources shall work with other state agencies to investigate expedited regulatory pathways to modify, repair, or reconstruct failed household or small community or public supply wells, while recognizing the need to ensure the sustainability of such wells as provided for in paragraph 9.

11. State agencies shall collaborate with tribes and federal, regional, and local agencies on actions related to promoting groundwater recharge and increasing storage.

12. To help advance groundwater recharge projects, and to demonstrate the feasibility of projects that can use available high water flows to recharge local groundwater while minimizing flood risks, the Water Board and Regional Water Quality Control Boards shall prioritize water right permits, water quality certifications, waste discharge requirements, and conditional waivers of waste discharge requirements to accelerate approvals for projects that enhance the ability of a local or state agency to capture high precipitation events for local storage or recharge, consistent with water right priorities and protections for fish and wildlife. For the purposes of carrying out this paragraph, Division 13 (commencing with section 21000) of the Public Resources Code and regulations adopted pursuant to that Division, and Chapter 3 ( commencing with section 85225) of Part 3 of Division 35 of the Water Code and regulations adopted pursuant thereto are hereby suspended to the extent necessary to address the impacts of the drought. This suspension applies to (a) any actions taken by state agencies, (b) any actions taken by local agencies where the state agency with primary responsibility for the implementation of the directives concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b). The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

13. With respect to recharge projects under either Flood-Managed Aquifer Recharge or the Department of Water Resources Sustainable Groundwater Management Grant Program occurring on open and working lands to replenish and store water in groundwater basins that will help mitigate groundwater conditions impacted by drought, for any (a) actions taken by state agencies, (b) actions taken by a local agency where the Department of Water Resources concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b), Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended to the extent necessary to address the impacts of the drought. The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

14. To increase resilience of state water supplies during prolonged drought conditions, the Department of Water Resources shall prepare for the potential creation and implementation of a multi-year transfer program pilot project for the purpose of acquiring water from willing partners and storing and conveying water to areas of need.

15. By April 15, 2022, state agencies shall submit to the Department of Finance for my consideration proposals to mitigate the worsening effects of severe drought, including emergency assistance to communities and households and others facing water shortages as a result of the drought, facilitation of groundwater recharge and wastewater recycling, improvements in water use efficiency, protection of fish and wildlife, mitigation of drought-related economic or water-supply disruption, and other potential investments to support short- and long-term drought response.

IT IS FURTHER ORDERED 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.

This 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.

GA VIN NEWSOM
Governor of California
IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 28th
day of March 2022.

I ,
,, . I
.s»:

ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State
Attachment 5
DWR 9045 (Rev. 1/09)
State of California California Natural Resources Agency M e m o r a n d u m
Date: April 15, 2022
To: Eric Oppenheimer
Chief Deputy Director
State Water Resources Control Board
Kristopher Tjernell
Deputy Director, Integrated Watershed Management
From: Department of Water Resources
Subject: Model Level 2 Water Shortage Response Actions
for Urban Water Supplier Water Shortage Contingency Planning On March 28, 2022, Governor Newsom issued Executive Order (EO) N-7-22 to address drought conditions after the driest first three months of a year in the state’s recorded history. To comply with the order, this paper provides information on a proposed model water shortage response actions developed by Department of Water Resources (DWR) for the State Water Resources Control Board (Water Board) to consider when adopting an emergency regulation to require urban water suppliers that have not submitted a water shortage contingency plan (WSCP) to the DWR implement, at a minimum, model shortage response actions. • For Suppliers with a WSCP (submitted to DWR): EO N-7-22 requires that each Supplier implement, at a minimum, the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (Level 2). The EO states that these Level 2 actions are to be implemented by a date to be set by the Water Board.
• For Suppliers without a WSCP (submitted to DWR): EO N-7-22 requires that each Supplier implement, at a minimum, shortage response actions established by the Water Board through an emergency regulation. The Water Board shall take into consideration the Level 2 actions developed by DWR. The EO states that these Level 2 model actions are to be implemented by a date set by the Water Board.

Water Shortage Response Actions and Six Standard Water Shortage Levels Note that California Water Code (CWC) §10632(a) requires that Suppliers include in their WSCPs locally appropriate shortage response actions which align with six specified standard levels of shortage including:
• Locally appropriate supply augmentation actions.
• Locally appropriate demand reduction actions.
• Locally appropriate operational changes.

DWR 9045 (Rev. 1/09)
• Additional, mandatory prohibitions against specific water use practices.

A Supplier also needs to evaluate each action and estimate how much water savings it would produce based on the Supplier’s local conditions and supply and demand characteristics. This evaluation is a perquisite for a successful selection and implementation of locally appropriate water shortage response actions.

CWC §10632(a)(3)(A) defines six standard water shortage levels that correspond to progressive ranges of up to 10, 20, 30, 40, and 50 percent shortages and greater than 50 percent shortage.

Model Level 2 Water Shortage Response Actions
The following list presents proposed model water shortage response actions developed by DWR and deemed appropriate for a Level 2 shortage, which corresponds to the range of up to 20 percent shortage. Suppliers may have the flexibility to choose locally-appropriate actions consistent with CWC §10632.2 and not have to implement each and all of the actions listed as long as they achieve a 20 percent reduction in water use.

1. Expanded information campaigns
Campaigns may include public information and outreach via email, paper mail, bill inserts, customer app notifications, news articles, websites, community events, radio and television, billboards, and social media.

2. Landscape water use restrictions
Restrictions may include reduction in permissible hours and weekly frequency for landscape irrigation.

3. Use type restrictions
Suppliers must implement and enforce ordinances banning certain water use types such as:
• Washing or hosing down of hard surfaces (driveways, sidewalks, …) • Filling of non-recirculating fountains
• Using potable supplies for decorative water features

4. Banning water waste and specific practices
Suppliers must implement and enforce prohibitions that target water waste and certain practices, including:
• Runoff onto non-irrigated areas, walkways, roadways, parking lots, or other hard surfaces.
• Unfixed leaks and broken or defective plumbing (including but not limited to leaking toilet flapper valves) and irrigation systems.
• Use of hoses not fitted with automatic shut-off nozzles • Serving of water in restaurants except on request
DWR 9045 (Rev. 1/09)
• Laundering towels and linens daily in hotels without providing guests an optout option

5. Water conservation incentives
Suppliers shall consider water conservation incentives and programs to provide customer rebates such as:
• Rebates for plumbing fixtures (low flush toilets, high efficiency washers, low flow showerheads, faucet aerators, …)
• Free conservation retrofit kits to customers
• Rebates for turf replacement
• Prioritize water for trees, including, but not limited to, through rebate, direct installation, and educational programs focused on transitioning from turfcentric to tree-centric irrigation systems that promote deep and healthy root growth.
• Offer water use surveys (especially for CII customers)

6. Water-saving operational changes
Suppliers may consider operational changes that can help save water include measures such as:
• Decreasing line flushing and fire training exercises
• Increasing water waste patrols and enforcement
• Imposing a moratorium on new services

7. Drought rate structures and surcharges (if applicable) Suppliers may activate drought rate structure or surcharges, if applicable, to encourage conservation. This may include tiered pricing increases (disincentives) for large water users as well as rate decreases (incentives) for conserving users.

8. Use of non-potable water supplies
Suppliers shall encourage water recycling and reuse to substitute potable water supplies with non-potable supplies for uses that are approved and permitted. To free up potable supplies, suppliers may consider non-potable supplies including greywater, recirculated water, and recycled treated wastewater.

9. Backup and emergency water supply readiness
If applicable, suppliers shall take measures to be prepared to activate or deploy backup and emergency water supplies when needed.

Attachment 6
1 WORKING STAFF DRAFT OF PROPOSED TEXT OF OPERATIVE

CONSERVATION PROVISIONS OF EMERGENCY REGULATION
Version: April 20, 2022
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Article 2. Prevention of Drought Wasteful Water Uses
§ 996. Urban Drought Response Actions
(a) As used in this section:
(1) “Commercial, industrial and institutional” refers to commercial water users, industrial water users, and institutional water users as respectively defined in Water Code, section 10608.12, subdivisions (e), (i), and (j), and includes homeowners’ associations, common interest developments, community service organizations, and other similar entities but does not include the residences of these entities’ members or separate interests. (2) “Common interest development” has the same meaning as in section 4100 of the Civil Code.
(3) “Community service organization or similar entity” has the same meaning as in section 4110 of the Civil Code.
(4) “Homeowners’ association” means an “association” as defined in section 4080 of the Civil Code.
(5) “Non-functional turf” means turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. Non-functional turf does not include sports fields and turf that is regularly used for human recreational purposes or for civic or community events.
(6) “Separate interest” has the same meaning as in section 4185 of the Civil Code.
(7) “Turf” has the same meaning as in section 491.
(8) “Urban water supplier” has the same meaning as Water Code section 10617.
(9) “Water shortage contingency plan” means the plan required by Water Code section 10632.
2 (b) Each urban water supplier shall submit to the Department of Water Resources a preliminary annual water supply and demand assessment consistent with section 10632.1 of the Water Code no later than June 1, 2022, and submit a final annual water supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code.
(c) Each urban water supplier that has submitted a water shortage contingency plan to the Department of Water Resources shall implement by June 10, 2022, at a minimum, the demand reduction actions identified in the supplier’s water shortage contingency plan adopted under Water Code 10632 for a shortage level of up to twenty percent (Level 2). (d) Each urban water supplier that has not submitted a water shortage contingency plan to the Department of Water Resources shall, by June 10, 2022, and continuing until the supplier has implemented the demand reduction actions identified in the supplier’s water shortage contingency plan adopted under Water Code 10632 for a shortage level of up to twenty percent (Level 2), implement at a minimum the following actions:
(1) Initiate a public information and outreach campaign for water conservation and promptly and effectively reach the supplier’s customers, using efforts such as email, paper mail, bill inserts, customer app notifications, news articles, websites, community events, radio and television, billboards, and social media.
(2) Implement and enforce a rule or ordinance limiting landscape irrigation to no more than two days per week and prohibiting landscape irrigation between the hours of 10:00 AM and 6:00 PM.
(3) Implement and enforce a rule or ordinance banning, at a minimum, the water uses prohibited by section 995. Adoption of a rule or ordinance is not required if the supplier has authority to enforce, as infractions, the prohibitions in section 995 and takes enforcement against violations. (e) (1) To prevent the unreasonable use of water and to promote water conservation, the use of potable water is prohibited for the irrigation of non-functional turf at commercial, industrial, and institutional sites. (2) Notwithstanding subdivision (e)(1), the use of water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need.
(f) A decision or order issued under this section 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 Water Code.
3 Authority: Section 1058.5, Water Code.

References: Article X, Section 2, California Constitution; Sections 4080, 4100, 4110, and 4185, Civil Code; Section 8627.7, Government Code; Sections 102, 104, 105, 275, 350, 491, 1122, 10608.12, 10617, 10632, and 10632.1, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463; Stanford Vina Ranch Irrigation Co. v. State of California (2020) 50 Cal.App.5th 976.

Attachment 7

STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2022-0018

TO ADOPT AN EMERGENCY REGULATION

TO REDUCE WATER DEMAND AND IMPROVE WATER CONSERVATION
WHEREAS:

1. On April 21, May 10, July 8, and October 19, 2021, Governor Newsom issued proclamations that a state of emergency exists statewide due to severe drought conditions and directed state agencies to take immediate action to preserve critical water supplies and mitigate the effects of drought and ensure the protection of health, safety, and the environment.

2. These proclamations urge Californians to reduce their water use.

3. On March 28, 2022, Governor Newsom signed an Executive Order directing the State Water Resources Control Board (State Water Board or Board) to consider adopting emergency regulations to increase water conservation. The Executive Order includes a request that the Board require urban water suppliers to implement Level 2 of their water shortage contingency plans, establish water shortage response actions for urban water suppliers that have not submitted water shortage contingency plans, taking into consideration model actions that the Department of Water Resources, and establish a ban on the irrigation of nonfunctional turf by entities in the commercial, industrial, and institutional sectors.

4. Many Californians and urban water suppliers have taken bold steps over the years to reduce water use; nevertheless, the severity of the current drought requires additional conservation actions from urban water suppliers, residents, and the commercial, industrial, and institutional sectors.

5. Water conservation is the easiest, most efficient, and most cost-effective way to quickly reduce water demand and extend limited water supplies through this summer and into the next year, providing flexibility for all California communities.

Water saved is water available next year, giving water suppliers added flexibility to manage their systems effectively over time. The more water that is conserved now, the less likely it is that a community will experience dire shortages that may require water rationing or other emergency actions.

6. Most Californians use more water outdoors than indoors. In many areas, 50 percent or more of daily water use is for irrigation of lawns and outdoor landscaping irrigation. Outdoor water use is generally discretionary, and many irrigated landscapes would not suffer greatly from receiving a decreased amount of water.
2 7. The use of potable water to irrigate turf on commercial, industrial, or institutional properties that is not regularly used for human recreational purposes or for civic or community events can be reduced in commercial, industrial, and institutional areas to protect local water resources and enhance water resiliency.

8. Public information and awareness are critical to achieving conservation goals, and the Save Our Water campaign (SaveOurWater.com), 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.

9. SaveWater.CA.Gov is an online tool designed to help save water in communities.

This website lets anyone easily report water waste from their phone, tablet, or computer by simply selecting the type of water waste they see, typing in the address where the waste is occurring, and clicking send. These reports are filed directly with the State Water Board and relevant local water supplier.

10.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.

11.On March 28, 2022, the Governor suspended the environmental review required by the California Environmental Quality Act to allow State Water Board-adopted drought conservation emergency regulations and other actions to take place quickly to respond to emergency conditions.

12.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.”

13.On May 13, 2022, the State Water Board issued public notice that it will consider the adoption of the regulation at the Board’s regularly scheduled May 24, 2022 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.

14.The emergency regulation exempts suppliers from enforcing connection moratoria, if their Level 2 demand management actions call for them, because new residential connections are critical to addressing the state’s housing supply shortage. However, the Board recognizes connections for other projects may not be appropriate given the shortage conditions and urges water suppliers to carefully evaluate new development projects for their water use impacts. 3 15.Disadvantaged communities may require assistance responding to Level 2 conservation requirements, including irrigation restrictions, temporary changes to rate structures, and prohibited water uses. State shortage contingency plans aimed at increasing water conservation, and state and local agencies should look for opportunities to provide assistance in promoting water conservation. This assistance should include but not be limited to translation of regulation text and dissemination of water conservation announcements into languages spoken by at least 10 percent of the people who reside in a water supplier’s service area, such as in newspaper advertisements, bill inserts, website homepage, social media, and notices in public libraries.

16.The Board directs staff to consider the following in pursuing any enforcement of section 996, subdivision (e): before imposing monetary penalties, staff shall provide one or more warnings; monetary penalties must be based on an ability to pay determination, consider allowing a payment plan of at least 12 months, and shall not result in a tax lien; and Board enforcement shall not result in shutoff.

17.The Board encourages entities other than Board staff that consider any enforcement of this regulation to apply these same factors identified in resolved paragraph 16. 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 their enforcement discretion in enforcing the regulation, to the extent authorized, and may develop their own progressive enforcement practices to encourage conservation.

THEREFORE BE IT RESOLVED THAT:

1. The State Water Board adopts California Code of Regulations, title 23, section 996, as appended to this resolution as an emergency regulation that applies to urban water suppliers, as defined by Water Code section 10617.

2. State Water Board staff shall submit the regulation to the Office of Administrative Law (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 designee may make such changes. 4 4. This regulation shall remain in effect for one year 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 State Water Board staff to work with the Department of Water Resources and the Save Our Water campaign to disseminate information regarding the emergency regulation.

6. The State Water Board directs staff to, by January 1, 2023, survey urban water suppliers on their experience protecting trees and tree cover during drought, with attention to disadvantaged communities. The survey shall inquire about challenges encountered, strategies used, costs, and successes in protecting trees.

7. 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. Local agencies are encouraged to develop their own progressive enforcement practices to promote conservation.

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 24, 2022.

AYE: Chair E. Joaquin Esquivel
Vice Chair Dorene D’Adamo
Board Member Sean Maguire
Board Member Laurel Firestone
NAY: None
ABSENT: Board Member Nichole Morgan
ABSTAIN: None
Jeanine Townsend
Clerk to the Board
5 ADOPTED EMERGENCY REGULATION TEXT
Version: May 24, 2022
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Article 2. Prevention of Drought Wasteful Water Uses
§ 996. Urban Drought Response Actions
(a) As used in this section:
(1) “Commercial, industrial and institutional” refers to commercial water users, industrial water users, and institutional water users as respectively defined in Water Code, section 10608.12, subdivisions (e), (i), and (j), and includes homeowners’ associations, common interest developments, community service organizations, and other similar entities but does not include the residences of these entities’ members or separate interests.
(2) “Common interest development” has the same meaning as in section 4100 of the Civil Code.
(3) “Community service organization or similar entity” has the same meaning as in section 4110 of the Civil Code.
(4) “Homeowners’ association” means an “association” as defined in section 4080 of the Civil Code.
(5) “Non-functional turf” means turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. Nonfunctional turf does not include sports fields and turf that is regularly used for human recreational purposes or for civic or community events. (6) “Plant factor” has the same meaning as in section 491. (7) “Separate interest” has the same meaning as in section 4185 of the Civil Code.
(8) “Turf” has the same meaning as in section 491.
(9) “Urban water supplier” has the same meaning as Water Code section 10617. (10) “Water shortage contingency plan” means the plan required by Water Code section 10632.
(b) Each urban water supplier shall submit to the Department of Water Resources a preliminary annual water supply and demand assessment consistent with section 6 10632.1 of the Water Code no later than June 1, 2022, and submit a final annual water supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code. (c) (1) Each urban water supplier that has submitted a water shortage contingency plan to the Department of Water Resources shall implement by June 10, 2022, at a minimum, all demand reduction actions identified in the supplier’s water shortage contingency plan adopted under Water Code 10632 for a shortage level of ten (10) to twenty (20) percent (Level 2).
(2) Notwithstanding subdivision (c)(1), urban water suppliers shall not be required to implement new residential connection moratoria pursuant to this section. (3) Notwithstanding subdivision (c)(1), an urban water supplier may implement the actions identified in subdivision (d) in lieu of implementing the demand reduction actions identified in the supplier’s water shortage contingency plan adopted under Water Code section 10632 for a shortage level of ten (10) to twenty (20) percent (Level 2), provided the supplier meets all of the following:
(i) The supplier’s annual water supply and demand assessment submitted to the Department of Water Resources demonstrates an ability to maintain reliable supply until September 30, 2023.
(ii) The supplier does not rely on, for any part of its supply, the Colorado River, State Water Project, or Central Valley Project, and no more than ten (10) percent of its supply comes from critically overdrafted groundwater basins as designated by the Department of Water Resources.
(iii) The supplier's average number of gallons of water used per person per day by residential customers for the year 2020 is below 55 gallons, as reported to the Board in the Electronic Annual Report.
(d) Each urban water supplier that has not submitted a water shortage contingency plan to the Department of Water Resources shall, by June 10, 2022, and continuing until the supplier has implemented all demand reduction actions identified in the supplier’s water shortage contingency plan adopted under Water Code 10632 for a shortage level of ten (10) to twenty (20) percent (Level 2), implement at a minimum the following actions:
(1) Initiate a public information and outreach campaign for water conservation and promptly and effectively reach the supplier’s customers, using efforts such as email, paper mail, bill inserts, customer app notifications, news articles, websites, community events, radio and television, billboards, and social media. (2) Implement and enforce a rule or ordinance limiting landscape irrigation with potable water to no more than two (2) days per week and prohibiting landscape irrigation with potable water between the hours of 10:00 a.m. and 6:00 p.m. (3) Implement and enforce a rule or ordinance banning, at a minimum, the water uses prohibited by section 995. Adoption of a rule or ordinance is not required if the supplier has authority to enforce, as infractions, the prohibitions in section 995 and takes enforcement against violations.
7 (e) (1) To prevent the unreasonable use of water and to promote water conservation, the use of potable water is prohibited for the irrigation of non-functional turf at commercial, industrial, and institutional sites.
(2) Notwithstanding subdivision (e)(1), the use of water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need.
(3) Notwithstanding subdivision (e)(1), an urban water supplier may approve a request for continued irrigation of non-functional turf where the user certifies that the turf is a low water use plant with a plant factor of 0.3 or less, and demonstrates the actual use is less than 40% of reference evapotranspiration. (f) The taking of any action prohibited in subdivision (e) 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.
(g) A decision or order issued under this section 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 Water Code.

Authority: Section 1058.5, Water Code.

References: Article X, Section 2, California Constitution; Sections 4080, 4100, 4110, and 4185, Civil Code; Section 8627.7, Government Code; Sections 102, 104, 105, 275, 350, 377, 491, 1122, 10608.12, 10617, 10632, and 10632.1, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463; Stanford Vina Ranch Irrigation Co. v. State of California (2020) 50 Cal.App.5th 976.

Attachment 8

RESOLUTION OF THE BOARD OF DIRECTORS

OF THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA RESOLUTION 9305

DECLARING A WATER SHORTAGE EMERGENCY CONDITION AND IMPLEMENTING AN

EMERGENCY WATER CONSERVATION PROGRAM IN PORTIONS OF ITS SERVICE AREA WHEREAS, Severe Drought Conditions Are Constraining Available Water Supplies from Northern California.

Beginning in water year 2020 (October 1, 2019, to September 30, 2020), the watersheds supplying the California State Water Project (SWP) received below-average precipitation. The California Department of Water Resources (DWR) classified water years 2020 and 2021 as dry and critically dry, respectively. Persistent dry conditions will likely result in a critically dry designation for water year 2022.

The three-year sequence of water years 2020 - 2022 (October 1, 2019, through September 30, 2022) is projected to be the driest on record in California for statewide precipitation. Precipitation in Northern California during the three months from January through March 2022 was the driest on record for that region.

In addition to reduced precipitation since 2020, California’s climate is transitioning to a warmer setting in which historical relationships among temperature, precipitation, and runoff are changing. In 2021, the DWR’s snowmelt runoff forecast over-estimated the runoff that occurred by 68 percent. In 2022, DWR’s median runoff forecast for the Sacramento River dropped from 16.7 to 9.7 million acre-feet, a reduction of 42 percent.

WHEREAS, Governor Newsom Has Declared a State of Emergency to Exist in All California Counties Due to These Severe Drought Conditions.

On October 19, 2021, Governor Gavin Newsom declared a state of emergency to exist in all California counties due to worsening drought conditions. This proclamation follows other increasingly expansive drought declarations and executive orders that have been issued since April 2021.

At that time, Governor Newsom called on Californians to re-double their efforts to reduce water use by 15 percent and for local and regional water agencies to implement their Water Shortage Contingency Plans (WSCPs) “at a level appropriate to local conditions that takes into account the possibility of a third consecutive dry year.”
WHEREAS, Governor Newsom Has Issued an Executive Order Calling on Urban Water Suppliers to Activate Their Water Shortage Contingency Plans.

As part of their Urban Water Management Plans (UWMPs), local and regional water providers are required to prepare and adopt WSCPs. These plans identify voluntary and mandatory response actions that will be taken under various water shortage conditions. These actions may include mandatory conservation activities to reduce water use by 10 to 50 percent, depending on the severity of the shortage.

Due to worsening drought conditions, including a record-breaking dry period in January and February, Governor Newsom issued Executive Order N-7-22 on March 28, 2022, specifically requiring all urban water suppliers to implement, at a minimum, the response actions identified in their WSCPs for a shortage level of up to 20 percent (Level 2).

This executive order further encouraged urban water suppliers to conserve more than the minimum required and to voluntarily activate more stringent local requirements based on a shortage level of up to 30 percent (Level 3).
1 WHEREAS, Metropolitan’s State Water Project Supplies Have Been and Are Being Curtailed.

On March 18, 2022, DWR reduced the SWP Table A allocation for 2022 from 15 to only five percent of contract amounts. Table A allocations for 2020 and 2021 were 20 and five percent, respectively. The last three years marks the lowest three-year combined deliveries of allocated water in the history of the SWP.

Three consecutive years of low Table A allocations have strained water supplies for portions of Metropolitan’s service area that currently are served primarily through the SWP. Referred to as the “SWP Dependent Area,” this area has limited or no access to Colorado River Supplies.

As a result, there will be insufficient SWP supplies this year to meet the minimum human health and safety (HH&S) needs in the SWP Dependent Area. HH&S needs are defined as “the amount of water necessary for prevention of adverse impacts to human health and safety, for which there is no feasible alternative supply.” In general, HH&S needs are limited to domestic supply, sanitation, public health and fire protection purposes, and cannot exceed 55 gallons per person per day.

To supplement the low Table A allocation, DWR has agreed to provide additional SWP supplies to SWP contractors if necessary to fulfill their unmet HH&S needs. However, DWR is requiring any SWP contractor receiving such supplies to impose mandatory restrictions on water use within its service area consistent with these emergency circumstances. DWR also is requiring any SWP water accessed for HH&S purposes be returned to the state within five years or as wetter conditions return.

WHEREAS, Metropolitan’s SWP Supplies Are Essential to Meet the Total Demands of Its Member Agencies.

Over the past 20 years, the SWP has provided about 30 percent of the region’s total water needs and a portion of the supply delivered to each of Metropolitan’s 26 Member Agencies.

Diamond Valley Lake, Metropolitan’s largest surface water reservoir and source of dry-year and emergency water supplies, has only been replenished with SWP supplies since the discovery of Quagga mussels in Colorado River water in Jan. 2007.

Under a five percent Table A allocation, Metropolitan cannot meet normal demands in the SWP Dependent Area, serve SWP supplies to other Member Agencies, or replenish storage in Diamond Valley Lake.

WHEREAS, Metropolitan, Its Member Agencies, and Others in the Region Have Taken Extraordinary Steps to Reduce Demands and Bolster Supplies.

In conjunction with its Member Agencies, counties, cities, and wholesale and retail water suppliers, Metropolitan decreased potable water demands within the service area by 40 percent, roughly 80 gallons per person per day, since 1990.

Metropolitan has invested $1.5 billion in conservation, local water recycling, and local groundwater recovery since 1990, resulting in a cumulative savings of nearly 7.6 million acre-feet.

Metropolitan has invested more than $3 billion in increasing storage capacity with Diamond Valley Lake and conveyance capacity with the Inland Feeder to capture SWP supply when available for later use in dry years.

Local water suppliers and communities have also made multi-billion-dollar strategic and forward-looking investments in water conservation (within and outside the MWD service area), water recycling, stormwater capture and reuse, groundwater storage, seawater desalination and other strategies to improve drought resilience.

Water conserved throughout the service area, among other things, has helped preserve storage in Metropolitan’s diverse storage portfolio during these dry conditions.

Continued action by Southern California residents to conserve water and extend local groundwater and surface water supplies will provide greater resilience if the drought continues in future years. 2 Metropolitan established the Member Agency Administered Program (MAAP) to assist Member Agencies in implementing local conservation activities. A portion of the funded projects can be used when water savings are not readily quantifiable, such as drought messaging and local water-use related code enforcement programs.

WHEREAS, Metropolitan and Its Member Agencies Have Taken Specific Actions to Preserve SWP Supplies.

Metropolitan and its Member Agencies have invested billions of dollars to preserve and enhance the availability and utilization of local supplies and, in turn, to decrease the overall use of Metropolitan’s imported supplies.

Metropolitan has established water management programs to increase Member Agency flexibility to shift from or temporarily defer taking Metropolitan’s supply from the SWP.

In 2021 and 2022, Metropolitan made targeted investments in its delivery system to reduce Member Agency dependency on SWP supplies. These investments have significantly improved operational flexibility, allowing delivery of water from either of Metropolitan’s two imported supply sources to most of the service area.

Metropolitan’s Member Agencies have, where feasible, operated their systems to reduce dependency on Metropolitan’s supply delivered through service connections fed from the SWP system.

On August 17, 2021, Metropolitan’s Board adopted a resolution declaring a “Condition 2 – Water Supply Alert” to preserve Metropolitan’s supply for the region.

On November 9, 2021, Metropolitan’s Board adopted a resolution recognizing the statewide drought emergency, declaring specified emergency conditions to exist within portions of its service area, and calling on Member Agencies to take various actions to preserve Metropolitan’s supply from the SWP. Among other things, Member Agencies were urged to make all reasonably practicable changes in their operations and to implement mandatory conservation and efficiency measures to reduce the use of SWP supplies.

WHEREAS, Metropolitan Has Determined that It Must Take Additional Actions Immediately to Conserve the Remaining Available SWP Supplies.

In December 2014, Metropolitan’s Board adopted a revised Water Supply Allocation Plan (WSAP) pursuant to which it may determine that a regional shortage exists, establish a regional shortage level, and impose an Allocation Surcharge on Member Agencies for water use above a predetermined allotment. The WSAP was designed and intended only for use during periods of regionwide water shortages and requires a more extended period to implement. As such, the current WSAP cannot effectively or efficiently address the water shortages anticipated to occur this year in the SWP Dependent Area.

Likewise, while actions being taken pursuant to the November 9, 2021, Board resolution are helpful, they are not sufficient to address in a timely manner the urgent circumstances present in the SWP Dependent Area.

That resolution specifically noted that if drought conditions persisted or worsened, Metropolitan’s Board would consider declaring a Water Shortage Emergency Condition and imposing appropriate regulations, restrictions and penalties to conserve Metropolitan’s water supplies.

Unfortunately, drought conditions have persisted, and the water supply outlook has worsened, particularly with respect to SWP supplies. Accordingly, Metropolitan believes it is necessary, desirable, and in the best interests of Metropolitan and its Member Agencies to declare that a Water Shortage Emergency Condition exists in the SWP Dependent Area, to adopt the framework for an Emergency Water Conservation Program encompassing the SWP Dependent Area, and to take certain other actions as set forth below and described in Board Letter 7-1 dated April 26, 2022, so as to reduce water use and preserve remaining SWP supplies.

Adopting an Emergency Water Conservation Program is consistent with actions taken by our Member Agencies and other retail agencies and will assist Metropolitan and its Member Agencies in public outreach efforts to communicate the severity of the current drought and the need for conservation and collective action. 3 Metropolitan further believes that it is necessary, desirable, and in the best interest of Metropolitan to work closely with Member Agencies to identify near-term actions to address this drought emergency and to grant the General Manager certain additional powers and authorities to assist in carrying out such activities promptly.

WHEREAS, Metropolitan Is Authorized and Required to Take These Additional Actions.

Article X, Section 2 of the California Constitution requires all water resources in the state to be put to beneficial use and prohibits the waste or unreasonable use of such resources. What constitutes reasonable use is dependent on exigent circumstances, and may change during periods of drought.

Water Code Section 350 et seq. requires the distributor of a public water supply to declare that a water shortage emergency condition exists “whenever it finds and determines that the ordinary demands and requirements of water consumers cannot be satisfied without depleting the water supply needed for human consumption, sanitation, and fire protection.” Upon making such a declaration, the water supplier is authorized to adopt such regulations and restrictions as will, in its sound discretion, “conserve the water supply for the greatest public benefit with particular regard to domestic use, sanitation, and fire protection.” Water Code Section 375 et seq. authorizes retail and wholesale water providers to adopt water and enforce conservation programs, which may include specific water-use limitations. Water providers may impose civil and criminal penalties for violating the requirements of such programs and/or may enforce water-use limitations by imposing “a volumetric penalty in an amount established by the public entity.” Water Code Section 10620 et seq. requires every urban water supplier to prepare and adopt an UWMP, which must include a WSCP to be implemented during times of shortage. Governor Newsom has directed all urban water suppliers to implement, at a minimum, the response actions identified in their WSCPs for a shortage level of up to 20 percent (Level 2).

DWR is requiring any SWP contractor receiving HH&S supplies to impose mandatory restrictions on water use within its service area consistent with these emergency circumstances.

The Metropolitan District Act and Metropolitan’s Administrative Code authorize and support taking specific actions to address the current drought emergency. In particular, Administrative Code Section 4512 provides that deliveries of water “shall be subject to operational, supply or demand conditions, as determined by the General Manager.”
WHEREAS, Metropolitan Held a Noticed Public Hearing to Receive Input on These Additional Actions.

On April 26, 2022, a public hearing was held to receive input, comments, and/or protests on the proposed declaration of a Water Shortage Emergency Condition and adoption of the framework of an Emergency Water Conservation Program for the SWP Dependent Area, as well as the other actions set forth below and described in Board Letter 7-1 dated April 26, 2022. A copy of Board Letter 7-1 was posted on Metropolitan’s website (https://mwdh2o.legistar.com/Calendar.aspx) and was available for review prior to the hearing.

Notice of this hearing was published on April 14, 2022, in six different newspapers of general circulation encompassing all six counties within Metropolitan’s service area: Los Angeles Times (Los Angeles County), Orange County Register (Orange County), Inland Valley Daily Bulletin (San Bernardino County), Ventura County Star (Ventura County), Press Enterprise (Riverside County), and San Diego Union Tribune (San Diego County).

At this public hearing, Metropolitan’s Board received information, comments, testimony, and other evidence provided by Board members, Member Agency representatives, staff, and the public pertaining to these matters, and all persons present were given an opportunity to be heard.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of The Metropolitan Water District of Southern California hereby declares a Water Shortage Emergency Condition to exist in the SWP Dependent Area. Per this declaration, the Board calls on all Member Agencies to:
4 (1) Make all possible changes in their operations to reduce their use of Metropolitan’s SWP supplies. (2) Immediately mandate and implement such conservation requirements, water-use efficiency measures, and drought-related limitations consistent with their WSCPs and substantively conforming to the Emergency Water Conservation Program.

BE IT FURTHER RESOLVED that the General Manager is hereby authorized and directed to finalize and implement an Emergency Water Conservation Program in the SWP Dependent Area, subject to the following conditions:
(1) The Emergency Water Conservation Program shall conform to the framework outlined in Board Letter 7-1, dated April 26, 2022. (A copy of this Board Letter may be accessed through Metropolitan’s website at https://mwdh2o.legistar.com/Calendar.aspx.) This framework includes volumetric penalties for non-compliance of up to $2,000 per acre-foot for use exceeding specified allocation limits.
(2) The Emergency Water Conservation Program shall include a provision for Member Agencies in the SWP Dependent Area to use 100 percent of their MAAP allocations for any conservation-related activities and projects, even where the water savings from such activities and projects are not readily quantifiable. Uses of MAAP funding could include drought-related actions, messaging, and code enforcement. Upon termination of the Emergency Water Conservation Program, the MAAP allocations would revert back to the previously established formula for non-documented water-saving program funding requests.
(3) The General Manager shall consult with all affected Member Agencies on the final terms of the Emergency Water Conservation Program.
(4) The General Manager shall finalize the Emergency Water Conservation Program within 30 days of Board adoption of this resolution.
(5) The Emergency Conservation Program shall continue through Jun. 30, 2023, unless otherwise terminated as described below.

BE IT FURTHER RESOLVED that the General Manager is hereby directed to continue the actions and activities specified in August 17, 2021, and November 9, 2021, Board resolutions, except as expanded or limited herein.

BE IT FURTHER RESOLVED that the Board hereby declares Metropolitan’s support for the Governor’s Executive Order N-7-22 and directs staff to work with the relevant state agencies to implement the Executive Order.

BE IT FURTHER RESOLVED that, should drought conditions persist in the coming months, or should demand management actions not sufficiently preserve available supplies, the General Manager may impose additional conditions or requirements as part of the Emergency Water Conservation Program described in Board Letter 7-1, which may include a prohibition on all outdoor uses of water or a requirement for affected Member Agencies to conform to specified volumetric limits.
5 I HEREBY CERTIFY that the foregoing is a full, true, and correct copy of a resolution adopted by the Board of Directors of The Metropolitan Water District of Southern California at its meeting held on Apr. 26, 2022.

Secretary of the Board of Directors
of The Metropolitan Water District
of Southern California
6 Attachment 9

Attachment 10
Water Conservation Community Outreach
Type Date Link to Article/ Ad Circulation
City Press
Release
May Staff will work with PIO’s office All local media outlets News
Paper
June Ad in BH Courier BH Courier 40,000
News
Paper
July AD in BH Weekly BH Weekly 14950
News
Paper
August Ad in BH Press Beverly Press
News
Paper
May The Backbone - May /June 9,143 Each Two Month
Cycle
Newsletter July The Backbone - July/August 9,143 Each Two Month Cycle
Social
Media
Ongoing Facebook-post throughout the year on Water
Conservation and Drought
Facebook: 16,152
Social
Media
Ongoing Instagram-post throughout the year on
Water Conservation and Drought
Instagram: 16,400
Social
Media
Ongoing Twitter-post throughout the year on Water
Conservation and Drought
Twitter: 12,600
Webpage Ongoing Web page updated with information as it is relased from MWD and State of California.

Working with PIO’s to promote to webpage.

Direct
Customer
MayJune Elevator Clings with drought messaging will
be placed in parking garages with high
volume
6-8 Elevators throughout
City
Direct
Customer
May In partnership with various organizations in
the City, businesses will be emailed
TPC, Chamber, Real Estate
Chamber Roundtable,
Apartment Assoc, BHUSC,
Estate Mgr Coalition, PWC
Direct
Customer
Ongoing Emails sent to all customers signed up for the
City’s water tracking customer portal
program.
4,600 customers
1 – 2 times a month
Direct
Customer
Ongoing Track Phone Calls received by City’s WCA and
Customer Service regarding water
conservation/drought to update FAQ's
Direct
Customer
Ongoing Track emails received by City’s WCA and
Customer Service to update FAQ's
Direct
Customer
May PW Water Conservation Booth at PW Day
Direct
Customer
June &
July
Drought workshops for residents taught by
City’s WCA
Direct
Customer
May PW Water Conservation Booth at Art Show
Direct
Customer
MayJune Sanitation truck signs with Water
Conservation/Drought Messaging
8 Trucks
Direct
Customer
MayJune Citywide Water Conservation Resident
Postcard
17,503 mail pieces
Attachment 11
Public Works Commission Recommendations
June 9, 2022
The Commission Recommends to City Council the following additional drought measures:
 That City Council Reaffirm Continuation of the Stage C Drought Emergency as approved by City Council on 2/8/22.  That City Council maintain a 2-day a week water schedule instead of moving to a 3-day a week watering schedule from June through September of 2022.  That City Council set a goal of saving water by 30% monthly against 2013 water usage.  That City Council review the weekly watering schedule in September to determine the appropriate weekly watering schedule from October through May.  That City Council direct staff to engage in an expanded information campaign which includes a school program and the following elements in each messaging:
lets people know the seriousness of the drought, how they can help solve it, and motivates people to take action.

Therefore, staff is recommending integrating the Public Works Commission’s additions with the original recommendation as written below:

Staff recommends City Council move to approve additional water conservation measures in support of the current State Drought Emergency and direct the City Manager to issue an order (Attachment 1) that includes:  Continuing the “Stage C” of the City’s Water Conservation plan, as approved by City Council on February 8, 2022 (Attachment 2).  Maintaining a 2-day a week watering schedule instead of moving to 3-day a week watering schedule on June 1, as noted in the City’s Stage C, Resolution No. 17- R-13135 (Attachment 3). Note: The State regulations allows watering to ensure the health of trees and other perennial non-turf plantings.  Prohibiting the use of potable water for outdoor irrigation, including the use of a hose, between 9 am to 6 pm, which aligns the City’s already timeframe more so with the State by one hour.  That City Council set a goal of saving water by 30% monthly against 2013 water usage.  That City Council review the weekly watering schedule in September to determine the appropriate weekly watering schedule from October through May.  That City Council direct staff to engage in an expanded information campaign which includes a school program and the following elements in each messaging:
lets people know the seriousness of the drought, how they can help solve it, and motivates people to take action.

Beverly Hills City CouncilJune 14, 2022

Beverly Hills City Council
June 14, 2022