(e) Affidavit of Compliance. An applicant for a Two-Unit Housing Development, as specified herein shall sign an affidavit in a form approved by the City Attorney to be recorded against the property prior to the issuance of a Final Building Inspection Approval, Temporary Cert ificate of Occupancy, or Certificate of Occupancy stating the following:
(1) That the property is eligible for the Two -Unit Housing Development pursuant to Sec. 9-4.3704-Eligibility.
(2) Unless the lot was formed by an Urban Lot Split, the individual property owner (or the beneficiary of a trust that is an individual property owner) of a lot with a proposed project must occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile for a minimum of three (3) years from the date of approval, if a dwelling unit exists on the lot, or from the date of issuance of a Final Building Inspection Approval, Temporary Certificate of Occupancy, or Certificate of Occupancy, if dwelling units are not habitable at the time of approval. This requirement shall not apply when the owner is a “community land trust” or a “qualified nonprofit corporation” as the same are defined in the Revenue and Taxation Code.
(3) That the primary uses shall be limited to residential uses. (4) That the rental of any unit created pursuant to Article 37 shall be for a minimum of thirty-one (31) days.
(5) That the restrictions shall be binding upon any successor in ownership of the property, and this Covenant and Deed Restriction and the applicable provisions of the Thousand Oaks Municipal Code may be enforced by the City of Thousand Oaks.
(6) That, in the event that potentially important cultural resources are found in the course of geologic testing or during construction, the event shall be immediately reported to the Community Development Director, and work shall immediately cease until a qualified archaeologist can provide an evaluation of the nature and significance of the resources and until the Community Development Department can review this information.
(7) That, if human bone is discovered during geologic testing or during construction, the event shall be immediately reported to the Community Development Director, work shall immediately cease, and the procedures described in Section 7050.5 of the California Health and Safety Code shall be f ollowed. Section 7050.5 requires notification of the coroner. If the coroner determines that the remains are those of a Native American, the applicant shall notify the Native American Heritage Commission by tele phone within 24 hours.
Following notification of the Native American Heritage Commission, the procedures described in Section 5097.94 and Section 5097.98 of the California Public Resources Code shall be followed.
Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
Sec. 9-4.3708 Two-Unit Housing Development - Standards and Requirements
Two-Unit Housing Development projects shall conform to all objective zoning, subdivision, and design standards applicable to the respective residential zoning district in which the project is located, except as expressly provided in this Article. In the event that any such standard conflicts with this Section, this Section shall apply.
(a) Exceptions.
(1) Denial. No two -unit housing development shall be approved if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(2) Preclusion of Minimum Units.
(i) A Two-Unit Housing Development created pursuant to this Article shall comply with the following standards and requirements so long as the application of such standards would not have the effect of physically precluding the construction of up to two units (each possessing no greater than 800 square feet of floor area) on a single lot.
(ii) If the application of an objective standar d would have the effect of physically precluding either or both units from being at least 800 square feet in floor area, such standard shall be waived only to the extent necessary to allow construction of the affected unit(s) of a size no greater than 800 square feet in floor area. (iii) If there is a question about the buildability of an 800 square foot unit in a location that meets objective standards, the applicant shall be required to provide evidence of such determination including obtaining concurrence fro m any other department, division, agency, or professional, as necessary.
(b) Maximum Number of Units.
(3) Lots Created by Urban Lot Split. A maximum of two (2) units will be allowed on each lot created by an Urban Lot Split or the provisions set forth in Californ ia Government Code Section 66411.7, inclusive of ADUs and JADUs.
Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
(4) Lots Not Created by Urban Lot Split. No more than four units shall be allowed on a lot not subject to an Urban Lot Split, inclusive of ADUs and JADUs.
(c) Unit Configuration. The new units in a Two-Unit Housing Development may be permitted in the following configurations, not including the development of new or existing ADUs or JADUs:
(1) One (1) new unit incorporated entirely within an existing residential unit.
(2) One (1) new unit incorporated enti rely within an existing accessory building, including garages.
(3) One (1) new unit attached to, and increasing the size of, an existing residential unit or an existing accessory building.
(4) One (1) new unit detached from and located on the same lot as an existing unit. A unit that is attached to another detached accessory building, but not another residential unit, is considered detached. (5) Two (2) newly constructed attached units (duplex) or two detached residential units on a vacant lot.
(d) Height.
(1) No structure containing a dwelling unit may exceed 25 feet in height and be more than 1 story, except for those circumstances described in Sec. 9-4.3708(d)(2), below.
(2) The maximum height of a structure containing a dwelling unit may be increased by not more than ten (10') feet provided that the property has two (2) side yards of not less than fifteen (15') feet each and a rear yard of 20 feet. In no event shall such structures exceed three (3) stories or 35 feet.
(e) Required Yards.
(1) Existing Structures. No setback shall be required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure.
(2) Side and Rear Yar ds. Except for those circumstances described in Section Sec. 9-4.3708(d)(2), above, the setback for side and rear lot lines shall be four (4) feet.
(3) Front Yards.
(i) The front setback of a property that fronts on a street shall be as set forth by the base dis trict, specific plan, or overlay district regulations. For landlocked lot s, the front yard setback shall be four (4) feet.
(ii) On lots fronting and gaining vehicular access from a public or private street, the single-family or duplex residential building entry must face the street or be oriented to within 45 degrees of parallel to the street. Where a site is located on two or more public streets, Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
the residential building entry must be oriented toward the street with the shorter of the two street frontages.
(4) Sight Distance. Intersection sight distance shall be provided per the applicable City Road Standard Plate. Side and rear yard development, including fencing shall not exceed three and a half (3.5) feet within the sight distance triangle.
(f) Architectural Design.
(1) Architectural Design Review. A Two-Unit Housing Development is not subject to architectural design review as set forth in Article 18 of this Chapter.
(2) Storage Area. Private storage area for each dwelling unit must be provided with a minimum of one hundred sixty (160) cubic feet of enclosed storage area, which must be provided in garages, carports or patio areas and in which one dimension must be at least six feet (6'). Units or projects designed with indivi dual garages for each unit are exempt from this requirement.
(3) Garage Conversions. In cases where a new Two- Unit Housing Development dwelling unit is created through the conversion of an existing garage, the garage conversion shall include one (1) of the following options:
(i) The garage door is left operational to provide access to a storage space that is separated from the new dwelling unit by an interior partition wall. The partition wall shall not be constructed in such a manner as to fully or partially prevent the operation of the garage door. The storage space shall not be accessible from the new dwelling unit.
(ii) The garage door is removed entirely and replaced with fenestration elements that match the form, exterior siding or finish and trim, and window placement/type of the existing dwelling unit.
At least twenty percent (20%) of the area of all stories of a street- facing façade must consist of windows, doors, or other openings. (4) Privacy Protection. No window or door of a dwelling unit that is constructed on the lot may have a direct line of sight to, or be within 10 feet of, an adjoining residential property without privacy glass screening which prevents a direct line of sight.
(g) Outdoor/Common Space. Each lot must contain usable, outdoor space of no less than fifteen percent (15%) of the area of each lot and of a regular geometry (e.g., rectangular) intended for common use by all property occupants.
(h) Preservation of Protected Trees. No dwelling unit created pursuant to this Article shall be constructed, or require grading at the time of construction, within the protected zone (as defined by Sec. 9-4.4202 and 9-4.4302) of a protected tree unless the construction of the minimum allowed two units of Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
800 square feet or less is precluded, in which case the protected tree may be encroached upon or removed if replaced onsite, on a 1:1 basis, with a thirty-six (36’) inch box Quercus agrifolia Live Oak or Quercus lobata Valley Oak.
(i) Lighting. Exterior lighting shall be designed and installed in such a manner that the direct light source is shielded from off-site view. (j) Vehicular Access.
(1) Each lot containing dwelling units created pursuant to this Article shall have existing access, provide new access, or adjoin the public/private residential street right -of-way via the existing or a consolidated vehicular connection.
(2) Vehicular access to a public street or alley or private residential street shall be provided by a driveway that complies with the minimum width, slope, materials, and other standards consistent with Public Works Department and Ventura County Fire Department standards. (3) No new access from an arterial street is permitted in connection with a dwelling unit created pursuant to this Article.
(4) In addition to the standards set forth in this Section, driveways and parking areas must comply with Sec. 9- 4.2404 ”General installation requirements of parking areas”.
(k) Pedestrian Access. When the established front yard of a lot abuts a public street or alley or private residential street , pedestrian access to a public/private street or alley shall be provided with an exterior pedestrian pathway from the primary entrances of each dwelling unit to the adjoining sidewalk, street, or alley. The pedestrian pathway shall be unobstructed, clear to the sky, and meet American with Disabilities Act (ADA) standards. (l) Parking.
(1) Off-Street Parking Required . A minimum of one enclosed parking space with an unencumbered interior width of nine (9') feet and an unencumbered interior depth of twenty (20') feet per unit shall be provided, unless the construction of such a structure precludes the construction of the minimum allowed two units of 800 square feet or less, in which case the required parking may be unenclosed. The floor area of an enclosed parking structure (up to the minimum area required only) shall not count towards the total square footage of the proposed unit.
(2) Replacement Parking Required. When an existing garage, carport, or other covered parking structure is converted or demolished in order to construct a new unit, at least one replacement parking space, which shall be enclosed , must be provided for each unit on the property, unless the project is exempt from parking.
Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
(3) Multi-Unit Parking. An enclosed parking structure may serve multipl e units on the same lot. Tandem parking within an enclosed parking structure is allowed.
(4) Location. Required parking must be on the same lot as the residential unit served.
(5) Exceptions. No parking requirements shall be imposed in either of the following circumstances:
(i) The property is located within one- half mile walking distance of either a high-quality transit corridor as defined by Public Resources Code Section 21155(b) or a major transit stop as defined in Public Resources Code Section 21064.3; or
(ii) There is a car share vehicle station located within one block of the property.
(m) Grading. No person shall commence or perform any grading or relocation of earth, and no person shall import or export any earth materials to or from any grading site without first having obtained a grading permit. No person shall commence or perform any grading or relocation of earth on land having a natural slope greater than twenty-five (25%) percent. (n) Hillside Development. Grading on properties within the H-P-D zone shall be subject to Sec. 9-4.3106(b).
(o) Development within a Protected Ridgeline Area. Urban lot splits proposed on properties that are located within the Protected Ridgeline Overlay Zone, are subject to the following objective standards:
(1) No new structure or addition to an existing structure shall be placed or constructed, no grading shall occur and, except as to meet fire clearance requirements, no native vegetation shall be removed within three hundred (300') feet horizontally or one hundred (100') feet vertically of the crest of a protected ridgeline unless the construction of the minimum allowed two units of 800 square feet or less is precluded, in which case the development must be sited at the lowest possible elevation.
(2) No residential structure shall be higher than seventeen (17') feet measured from the finished grade at the center of the building wall to the highest roof elevation and any new dwelling unit, including any garage and accessory structures, shall not exceed, in total, two thousand (2,000) square feet. For existing structures, no alteration or addition to that structure shall raise the height or the elevation of the existing roof.
(3) All buildings shall be setback at least fifty (50') feet from the edge of the finished pad.
(p) Utilities.
(1) Each principal dwelling unit on the resulting lots must have its own direct utility connection to all utility service providers.
Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
(2) Private underground utility services, including muni cipally supplied water, sewer, gas, electricity, cable TV and telephone, shall be available for extension to and connection with all units in a Two- Unit Housing Development. All dwelling units in a Two- Unit Housing Development must be able to connect and shall connect to water, sewer, gas, and electricity services.
(3) All existing and proposed utility distribution facilities (including electric, telecommunications and cable television lines) installed in and for the purpose of supplying service to any dwelling unit(s) proposed as part of a T wo-Unit Housing Development project shall be installed underground.
(q) Onsite Wastewater Treatment. For projects utilizing an existing or proposed new onsite wastewater treatment system, adequate septic feasibility must be demonstrated to the satisfaction of, and permitted by, the California State Water Resources Control Board. Properties to be connected to an onsite wastewater treatment system shall submit an application for a new onsite wastewater treatment system concurrently with the application for a Two- Unit Housing Development. Construction of all wastewater treatment systems shall be permitted by the City and comply with the current plumbing and building code standards.
(r) Connected Structures. The City shall not reject an application solely because it proposes an adjacent or connected structure provided that the structure meets building code safety standards and is sufficient to allow a separate conveyance as required by all state and local laws. (s) All Other Development. Except as modified by this Article, all other non- residential development on a lot created through the approval of an Urban Lot Split or which contains a Two- Unit Housing Development shall be subject to those regulations required by the base zoning district or overlay district.
Part 6
(Uncodified)
Severability
I
f any section, subsection, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this title; it being hereby expressly declared that this title, and each section, subsection, sentence, clause and phrase hereof, would have b een prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Item No.8A
cdd:660-21/Ord-City Council/pz (FILE ID: MCA 2022-70465)
Part 7
(Uncodified)
Effective Date
T
his Ordinance shall take effect on the thirty-first (31st) day following its final passage and adoption.
PASSED
AND ADOPTED THIS XXth DAY OF XXX, 2022.
___
_____________________________
Bob Engler, Mayor
City of Thousand Oaks, California
A
TTEST:
___
_______________________
Cynthia M. Rodriguez, City Clerk
APPR
OVE AS TO FORM: APPROVE AS TO ADMINISTRATION:
___
______________________ ________________________________ Tracy M. Noonan, City Attorney Andrew P. Powers, City Manager T
he presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.
Item No.8A
Agenda Related Items
Meeting of September 26, 2022
THOUSAND OAKS
PLANNING COMMISSION
Supplemental
Information
Packet 1
September 26, 2022
Americans with Disabilities Act (ADA):
In compliance with the ADA, if you need special assistance to participate in this meeting or other services in conjunction with this meeting, please contact the Community Development Department at (805) 449-2500.
Upon request, the agenda and documents in this agenda packet, can be made available in appropriate alternative formats to persons with a disability. Notification at least 48 hours prior to the meeting or time when services are needed will assist City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting or service.
Supplemental Information:
Any agenda related public documents received and distributed to a majority of the Planning Commission after the Agenda Packet is printed are included in Supplemental Packets. Supplemental Packets are produced as needed, typically they are distributed on the Thursday or Friday preceding the Planning Commission meeting and/or on Monday before the meeting. Supplemental Packets produced on Thursday or Friday are available for public inspection in the Community Development Department, 2100 E. Thousand Oaks Boulevard, during normal business hours (main location pursuant to the Brown Act, G.C. 54957.5(2). All Supplemental Packets are available for public review at the Planning Commission on the City's website www.toaks.org.
Item No.8A
To: Planning Commission
From: John M. Dugan, Deputy Community Development Director
Date: September 26, 2022
Subject: Regarding Item 07A - Special Use Permit – Municipal Code Amendment (MCA) 2022-70465 – Additional Correspondence
Attached please find an item of additional correspondence received since the printing of the packet.
cdd:420-46\H:COMMON\Planning Commission\Agenda Packet\2022\09-26-2022 Meeting\Supplemental 1.docx Item No.8A
1 From: Jon Friedman <[email protected]>
Sent: Thursday, September 22, 2022 3:34 PM
To: Justine Kendall
Cc: Stephen Kearns; 'Thomas Cohen'
Subject: RE: SB 9
Follow Up Flag: Follow up
Flag Status: Flagged
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Hi Justine and Steve,
Spent some time reading the proposed SB9 Ordinance and had some questions and thoughts:
1. Staff Report ‐page 8, middle of the page ‐ “and approval of the parcel map will be held until the building permit is issued”. I assume you do not mean the building permit from Building and Safety.
That would be terribly in efficient.
2. Definition of Useable Open Space in conjunction with Sec. 9‐4.3708 (g) would suggest If I split my 5 acre parcel in half (2.5 acre lot) I’ll need 16,000 sq. ft of “flat” land on my hill. That seems like an unintended consequence of the wording.
3. Sec. 9‐4.3706 (i) and (j) ‐ Properties in HPD ‐ Doubtful that any HPD land can build with out minor encroachments into 25% land. Does this ordinance therefore say minor encroachments are permitted so as to allow at least an 800 sq. ft. house and without a hearing?
4. Sec 9‐4.3707 ‐ Big picture question. This section states that the City has no architectural control. So what am I submitting? Lets be honest, many people may want to subdivide and sell the lot and let the buyer design. And yes the Seller must live on the remaining lot for 3 years. So is the application basically a 3 dimensional cube showing they meet setbacks and height?
5. Sec 9‐4.3707 (p)(2) Utilities – Given all the talk about not having gas, wouldn’t it make sense to not “Require “ it if I or other choose to go all electric?
That’s all I have for now. Thanks
Jon
From: Justine Kendall <[email protected]>
Sent: Monday, August 15, 2022 10:02 AM
To: Jon Friedman <[email protected]>
Subject: RE: SB 9
Hi Jon,
There is not a public draft available at this time, it will be released prior to the hearing date in September.
Item No.8A
2 Best Regards,
Justine
Justine Kendall, AICP | Associate Planner
She/ Her
Community Development Department
Planning Division
2100 Thousand Oaks Boulevard
Thousand Oaks, CA 91362
Email: [email protected]
Office: (805) 449‐2355
City of Thousand Oaks
*Please Note:
Effective Monday May 10, 2021 City Hall Public Counter services will be available to walk‐in traffic for those services that cannot be conducted remotely. Public Counters will be open Monday ‐ Thursday from 7:30am‐5pm and alternate Friday’s 8am to 5pm. Public Counter services are also available remotely via phone, email, or videoconference.
Additionally, City of Thousand Oaks Planning Division only accepts digital submittals via the online Virtual Counter.
Please visit www.toaks.org/cdd for more information.
From: Jon Friedman <[email protected]>
Sent: Monday, August 15, 2022 9:51 AM
To: Justine Kendall <[email protected]>
Subject: SB 9
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Hi Justine,
Is there a draft of the City’s proposed ordinance yet for SB 9?
Jon Friedman
Jemstreet Properties
805‐373‐2860
612 Lone Oak Drive
Thousand Oaks, CA 91362
Item No.8A
-----Original Message-----
From: Alex <[email protected]>
Sent: Monday, September 26, 2022 3:58 PM
To: Justine Kendall <[email protected]>
Subject: Senate Bill 9
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
It has come to my attention from a very reliable source that my next door neighbor is turning his single family residence into three separate units. I have since confirmed this with the city. It is very upsetting that there is no requirement to inform the neighbors who will be adversely affected by this awful bill. My neighbor still hasn’t informed me of his plans, I got the news from someone else. What about our rights? More traffic, no street parking, nine trash cans on the street every week. At the very least a public hearing should be required so the neighbors can be heard. I can’t imagine this this will help my property value or it’s desirability to a potential buyer. I moved to Thousand Oaks in 1993 to get away from the crowded and congested mess that is Los Angeles county. Now people like my neighbor want to bring LA to our community.
I sincerely hope some tighter requirements will be enforced going forward. Alexandra Sabella
Sent from my iPhone
Submitted after Supplemental for:
Planning Commission Meeting of: 9/26/2022
Item: 7A
Item No.8A
TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:October 11, 2022
SUBJECT: Revised Water Conservation Ordinance and Contract Term Extension for Related Services
RECOMMENDATION:
1. Read ordinance in title only, further reading be waived, and, if no objection, introduce ordinance repealing in its entirety Chapter 2, Article 11 to Title 10 of the Thousand Oaks Municipal Code and adding a new Chapter 2, Article 11 to Title 10 of the Thousand Oaks Municipal Code adopting regulations for Water Conservation.
2. Approve First Amendment to Patrol Services Agreement No. 13051-2022 with Cobalt Security Services, Inc. (Thousand Oaks, CA), for additional patrol services in the amount of $75,000 for a revised not-to-exceed amount of $125,000, and extend the term of the agreement to June 30, 2023.
3. Approve budget appropriation and authorize expenditure in the amount of $115,000 as follows: $75,000 from A/C #611-0000-341-9900 (Water Fund, Net Position) to A/C #611-8025-682-5699 (Contracted Services) for water waste patrol service for FY 2022-23 and $40,000 from A/C #611-0000-341- 9900 (Water Fund, Net Position) to A/C #611-8025-681-1210 (Salaries) for temporary support staff.
FINANCIAL IMPACT:
$115,000 Increase to Adopted FY 2022-23 Water Fund Budget. Additional budget requested to cover water waste patrol services and temporary part-time staff to assist through the end of the current fiscal year as needed. Staff time required to prepare this report is included in the Adopted FY 2022-23 Water Fund Budget.
Item No.8B
Revised Water Ordinance and Contract Extension
October 11, 2022
3 9
7 BACKGROUND:
On November 16, 2021, City Council adopted an ordinance repealing and replacing Chapter 2, Article 11 to Title 10 of the Thousand Oaks Municipal Code (TOMC) for Water Conservation to incorporate mandatory conservation levels which define the actions to be taken at six levels of increasing water shortage.
Under the revised Municipal Code a water supply shortage equivalent to Level 2 was declared.
On March 28, 2022, the Governor issued an Executive Order, calling on all residents to reduce water use by 15 percent from 2020 levels. On April 26, 2022, Metropolitan Water District of Southern California (MWD) declared a Water Shortage Emergency Condition and adopted an Emergency Water Conservation Program (EWCP) for service areas that depend on supplies from the State Water Project (SWP). On April 27, 2022, Calleguas adopted Resolution No. 2042 declaring a Water Shortage Emergency Condition and adopting an EWCP to reduce non-essential uses of water and preserve available water supplies for the greatest public benefit in their service area.
On May 24, 2022, City Council adopted Resolution No. 2022-023 declaring a Level 4 Water Supply Shortage with minor modifications pursuant to Municipal Code Section 10.2.1112.
On May 25, 2022, MWD issued their Emergency Water Conservation Program Handbook (version 1), and on August 30, 2022, City Council adopted Resolution No. 2022-045 to modify the watering limit duration to 10 minutes consistent with the MWD requirements.
On June 10, 2022, a California law banned the use of potable water for irrigation of decorative or non-functional grass at commercial, industrial, and institutional properties.
On May 24, 2022, City Council approved a budget and appropriation of $75,000 for water waste patrol services, and on June 27, 2022, the City entered into an Agreement with Cobalt Security Services, Inc. to provide such services with a not- to-exceed amount of $50,000 through December 31, 2022.
Item No.8B
Revised Water Ordinance and Contract Extension
October 11, 2022
3 9
7 DISCUSSION/ANALYSIS:
Due to the unprecedented statewide drought conditions that have severely reduced water supplies through the State Water Project to southern California, the City has only half the water needed to meet normal water demand. In April, MWD and Calleguas, who supply the City with all its water, mandated measures to SWP- dependent retail agencies that included the restriction of outdoor watering to one day per week.
As a result, City Council declared a Level 4 Water Shortage on May 24, 2022. At that time, minor modifications were made by resolution to the water conservation measures described in TOMC Section 10-2.1107 to ensure compliance and consistency with MWD and Calleguas requirements, issue hand watering provisions, and provide a grace period for the transition to low-volume (drip) irrigation systems. Since then, additional water conservation stipulations have been enacted. On June 10, 2022, the State issued a ban on the irrigation of non- functional turf at commercial, industrial and institutional properties, and on August 30, the irrigation duration was amended by resolution to comply with new MWD restrictions. As a result of the evolution of conditions, the current water conservation measures and watering restrictions are not contained in any single document.
Ordinance Revision
In preparation for a possible outdoor irrigation ban, MWD requires that the City have in place a provision for 0-day watering within its ordinance that can be adopted with a 30-day notice.
The revised ordinance (Attachment #1) includes these necessary updates, incorporating the modifications made in Resolution No. 2022-023 (Attachment #2) passed on May 24, 2022, and Resolution No. 2022-045 (Attachment #3) passed on August 30, 2022. In addition, the revised ordinance clarifies terms and conditions as informed by engagement with the public through multiple customer interactions and adds the 0-day watering provision required by MWD, which is included as the Level 5 water shortage plan.
This update will ensure that water conservation requirements and conditions are clearly defined and contained in a single document, and that the City is prepared to respond in a timely manner through the adoption of a Level 5 water shortage should a 0-day per week watering declaration be made by MWD in the future.
Outreach and Enforcement
The City’s Level 4 water use restrictions have been in place for more than four months. Education, outreach, and enforcement mechanisms have been developed and implemented by staff. Outreach has included local newspaper articles and Item No.8B
Revised Water Ordinance and Contract Extension
October 11, 2022
3 9
7 ads, social media postings, a dedicated website, webinars/presentations, and mailings to all residents, businesses, and Homeowner Associations (HOAs).
Geographic Information System (GIS) based applications have been developed to record, track, and monitor both publicly-reported and staff-observed violations.
At the end of June, the City hired Cobalt Security Services to conduct overnight water patrols within the City’s service area and record and document observed violations. In addition, City water operations staff conduct regular water waste patrols and other City field staff report observed violations.
In addition to patrol work, staff provide full-time customer support to residents and businesses; issue dozens of warnings and citations in person at individual properties; develop and support the GIS enforcement application; document and review observations, warnings and citations; call and email violators, HOAs and businesses; and conduct reviews of hourly meter data to identify violators. Despite these extensive outreach and enforcement efforts, water use continues to exceed the City’s target established by Calleguas by 33 percent.
In order to support this ongoing enforcement effort, additional budget and expenditure authorization of $75,000 is requested to extend overnight water patrols through June 30, 2023, and $40,000 to hire additional part-time hourly staff to aid with enforcement efforts through June 2023 (Amendment #4).
Regional Efforts
Thanks to recent extensive water savings made by Los Angeles and other SWP- dependent areas, the region as a whole is currently meeting the region-wide target, and MWD has not imposed an outright ban on outdoor watering. Should the MWD Board make such a determination in the future, the City would need to mandate an equivalent ban within 30 days by moving to a Level 5 shortage declaration under the revised Ordinance.
Regardless of whether such a ban is imposed, MWD may begin to impose a penalty of up to $2,000 per acre-foot on water used in excess of each water agency’s target beginning December 2022. Thus, it remains a priority for the City to meet its reduction target this year to avoid a significant financial penalty.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goal:
C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.
Item No.8B
Revised Water Ordinance and Contract Extension
October 11, 2022
3 9
7 F. Provide and enhance essential infrastructure to ensure that the goals and policies of the Thousand Oaks General Plan are carried out and the City retains its role and reputation as a leader in protecting the environment and preserving limited natural resources.
PREPARED BY: Helen Cox, Sustainability Division Manager Attachments:
Attachment #1 – Revised Water Conservation Ordinance
Attachment #2 – Resolution 2022-023 passed on May 24
Attachment #3 – Resolution 2022-045 passed on August 30 Attachment #4 – Amendment with Cobalt Security Services, Inc.
DPW: 1000-90\ev\Council\2022\10112022\Water Ordinance staff report.docx Item No.8B
ATTACHMENT #1
DPW: 1000-90\ev\Council\2022\10112022\Water Ordinance Att 1.docx
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF THOUSAND OAKS REPEALING IN ITS
ENTIRETY CHAPTER 2, ARTICLE 11 OF TITLE 10
AND ADDING CHAPTER 2, ARTICLE 11 OF TITLE 10
ADOPTING REGULATIONS FOR WATER
CONSERVATION
WHEREAS, a reliable minimum supply of potable water is essential to the public health, safety, and welfare of the people and economy of the Southern California region; and
WHEREAS, Southern California is a semi-arid region and is largely dependent upon imported water supplies and climate change will make droughts more frequent and severe; and
WHEREAS, careful water management that includes active water conservation measures in times of drought is essential to ensure a reliable minimum supply of water to meet current and future water supply needs; and WHEREAS, Article X, Section 2 of the California Constitution declares that the general welfare requires that water resources be put to beneficial use, waste or unreasonable use or unreasonable method of use of water be prevented, and conservation of water be fully exercised with a view to the reasonable and beneficial use thereof; and
WHEREAS, California Water Code section 375 authorizes water suppliers to adopt and enforce a comprehensive water conservation program to reduce water consumption and conserve supplies; and
WHEREAS, adoption and enforcement of a water conservation and supply shortage program is necessary to manage the City's potable water supply in the short and long-term and to avoid or minimize the effects of drought and shortage within the City. Such programs are essential to ensure a reliable and sustainable minimum supply of water for the public health, safety and welfare .
NOW, THEREFORE, the City Council of Thousand Oaks does hereby ordain as follows:
PART 1
Title 10, Chapter 2, Article 11 of the Thousand Oaks Municipal Code entitled "Water Conservation" is repealed in its entirety.
Item No.8B
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PART 2
Title 10, Chapter 2, Article 11 of the Thousand Oaks Municipal Code entitled "Water Conservation" is hereby added and reads in its entirety as follows:
ARTICLE 11. WATER CONSERVATION
Sec. 10-2.1101. Established Conservation Measures and Definitions.
Mandatory water conservation measures are hereby established as set forth in this article and correspond to the six levels mandated by state law. Each level is based on available and forecast water supplies or emergency interruptions of service.
The following definitions apply to this Article.
Chemical or liquid pool cover
An alcohol-based chemical product designed to float on top of pool water and act as an evaporation suppressant.
CII
Commercial, Industrial, Institutional
Climate-appropriate plants
Climate-appropriate plants are native plants and others that have evolved to follow the typical seasonal rain pattern of this region, requiring little water in summer and relying on natural rainfall the rest of the year.
Drip irrigation
The application of irrigation water at low pressure through a system of tubing or lateral lines fitted with perforations or low-volume emitters that apply small volumes of water slowly at or near the root zone of plants.
Functional turf
Turf regularly used for recreational purposes, civic or community events HOA
Homeowner Association, the body that makes and enforces rules for a subdivision, planned community, or condominium building and whose members are residents.
Irrigation zone or station
An irrigation zone is the landscaped area that is connected to the same irrigation valve. All landscape within a single zone will be on the same watering schedule (day, time, and duration).
Item No.8B
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Low-volume or Low-flow irrigation
An emission device intended to discharge water in the form of drops or continuous flow at rates less than 30 gallons per hour at the largest area of coverage available for the nozzle series when operated at 30 psi, except during flushing. Also known as micro-emission device.
Low-volume or drip emitter
A micro-irrigation emission device with a flow rate less than or equal to 6.3 gallons per hour when operated at 30 psi, designed to dissipate pressure, and discharge a small uniform flow or trickle of water at a constant discharge rate.
Microspray
Microspray is a micro-irrigation emission device with one or more orifices to convert irrigation water pressure to water discharge with a flow rate not to exceed 30 gallons per hour at the largest area of coverage available for the nozzle series when operated at 30 psi. Microspray devices include microbubblers, microspinners and microspray jets.
Non-functional turf
Turf that is ornamental and not regularly used for recreational purposes, civic or community events.
Rotating or rotator sprinkler nozzles
A sprinkler head that applies water in a pattern by means of one or more rotating streams to a defined landscape area in full or partial circles.
Spray sprinkler or spray nozzle
A sprinkler using a spray or pop-up head that continuously applies water in a pattern to a defined landscape area through overhead delivery.
Sprinkler
An emission device consisting of a sprinkler body with one or more orifices to convert irrigation water pressure to high velocity water discharge through the air, discharging a minimum of 0.5 gallons per minute at the largest area of coverage available for the nozzle series when operated at 30 psi or more with a full circle pattern.
Turf or Lawn
A ground cover surface of mowed grass
Sec. 10-2.1102. Application.
(a) To the extent authorized by law, this article shall apply to all customers and property within the City and the City's water service area, with no distinction as to whether service is provided by the City or a private water purveyor of potable water that operates water service systems within the City.
Item No.8B
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(b) The provisions of this article do not apply to uses of water necessary to protect public health and safety or for essential health care or government services such as police, fire, and other similar emergency services .
Sec. 10-2.1103. General Prohibition: Enforcement, Penalties. (a) No customer of the City water system or of a water purveyor serving customers within the City shall make, cause, use, or permit the use of potable water in a manner contrary to any provision of this article. Any violation of the use restrictions set forth in this article shall be enforced by the water purveyor serving that customer but upon failure of the water purveyor to act, shall be enforced by City. Each customer shall be guilty of a separate offense for each day during which such unauthorized use occurred.
(b) Any violation of the water use restrictions set forth in this article shall be subject to prosecution and fines and penalties as set forth in Title 1, Chapter 2, Articles 1 and 2 of this code. Furthermore, any violation of the water use restrictions set forth in this article is a public nuisance under TOMC Section 1-6.01 et seq. (c) Water Flow Restrictors: In addition to any fines or penalties, and notwithstanding fire suppression system considerations, the City or water purveyor may install a water flow restrictor device for repeated violations of mandatory water use restrictions set forth in this article.
(a) Disconnecting Service : In addition to any fines and the installation of a water flow restrictor, the City or water purveyor may disconnect a customer's water service for continued willful violations of mandatory water use restrictions set forth in this article.
(b) Cost of Flow Restrictor and Disconnecting Service: A person or entity that violates this ordinance is responsible for payment of charges for installing and/or removing any flow restricting device and for disconnecting and/or reconnecting service per the City's or water purveyor's schedule of charges then in effect. All charges must be paid before the flow restricting device is removed or the water service is reconnected. Nonpayment will be subject to the same remedies as nonpayment of basic water rates.
Sec. 10-2.1104. Permanent and Level 1 Water Conservation Requirements Permanent measures : The following water conservation requirements are in effect at all times and are permanent. Violations of this section shall be considered waste and an unreasonable use of water.
a) Limits on Watering Hours: Watering or irrigating landscape and vegetated areas with potable water is prohibited between the hours of 8:00 a.m. and Item No.8B
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6:00 p.m. on any day, except by use of a hand-held bucket or similar container, or by use of a hand-held hose equipped with a positive self- closing water shut-off nozzle or device, or for short periods for the express purpose of adjusting or repairing an irrigation system, or for turf refurbishment on a public playing field.
b) Limits on Watering Duration: Watering or irrigating landscape and vegetated areas with potable water using a sprinkler system that includes spray heads and/or bubblers or a watering device that is not continuously attended is limited to no more than 10 minutes of watering per day per station or irrigation zone. Drip irrigation systems (including subsurface) and water efficient devices such as rotator stream nozzles are permitted to operate for a longer period such that an equivalent volume of water is dispensed. In the absence of manufacturer specifications, rotator stream nozzles are permitted to run for 20 minutes and drip systems for up to 60 minutes provided that there is no water runoff.
c) No Excessive Water Runoff: Runoff, overspray, or excessive water flow from a property from potable water use or from irrigation of any landscape or vegetated areas onto an adjoining property, sidewalk, driveway, street, alley, gutter or ditch is prohibited.
d) Irrigation during and within the 48 hours following rainfall measuring 0.25 inches or more is prohibited. Rainfall data from the closest rain gauge operated by the Ventura County Watershed Protection District shall be used for this determination.
e) No Washing Down Hard or Paved Surfaces: Washing down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, artificial turf, patios, or alleys, is prohibited except when necessary for safety or sanitary purposes, and then only by use of a hand-held bucket or similar container or a hand-held hose equipped with a positive self-closing water shut-off device or a low-volume, high-pressure cleaning machine equipped to recycle any water used or a low-volume high-pressure water broom. The discharge of pollutants to the storm drain system is prohibited pursuant to Section 7-8.201 of this code. f) Laundry Systems: New industrial laundry systems must recirculate the water used in their operations .
g) Commercial Car Wash Systems: All commercial car wash systems must have installed and utilize operational recirculating water systems unless otherwise exempt under state law and holding a current waiver of this requirement from the City.
Item No.8B
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h) Drinking Water: Eating or drinking establishments, including but not limited to a restaurant, hotel, cafe, cafeteria, bar, or other public places where food or drinks are sold, served, or offered for sale, shall only provide drinking water to any person upon request.
i) Commercial Lodging Establishments Must Provide Guests Option to Decline Daily Linen Services: Hotels, motels, and other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments must prominently display notice of this option in each bathroom using clear and easily understood language .
j) Single-Pass Cooling Systems: Installation of single-pass cooling systems is prohibited in buildings where new water service is requested . k) Dish Wash Spray Valves: Food preparation establishments such as restaurants must use water conserving dish wash spray valves . l) Non-functional turf: Irrigation of non-functional grass on CII properties is prohibited. Designation of turf as functional on CII properties in order to irrigate requires application and approval of a waiver by the water purveyor. Areas designated as turf on CII landscape plans filed with the City may be replaced with alternative climate-appropriate landscaping including mulch, or other permeable ground cover.
m) HOAs shall not enforce architectural or landscaping guidelines or policies that prohibit the use of low water-using plants as a replacement of existing turf, or that prohibit, or have the effect of prohibiting, compliance with the City’s water- efficient landscaping requirements. HOAs shall not issue a fine or assessment on a homeowner for reducing or eliminating the watering of vegetation or lawns during a state or locally-declared drought, and shall not fine or require a homeowner to reverse or remove water-efficient landscaping measures upon the conclusion of a water shortage declaration.
Level 1 measures : The following water conservation requirements are in effect at all times in the absence of a declared Water Supply Shortage at Level 2 or higher. (a) Limits on Watering Days: Watering or irrigating landscape and vegetated areas with potable water is limited to three days per week. These days may be designated by City Council through Resolution.
(b) Obligation to Fix Leaks, Breaks, or Malfunctions: Excessive use, loss, or release of water through breaks, leaks, or other malfunctions in the water user's plumbing, irrigation, or distribution system for any period after such release of water Item No.8B
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should have reasonably been discovered and corrected and, in no event more than seven (7) days of receiving notice from the City, is prohibited. (c) Recirculating Water Required for Water Fountains and Running-water Features : Operating a water fountain or other running-water feature that does not recirculate water is prohibited.
(d) Limits on Washing Vehicles : Using potable water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat, or trailer, whether motorized or not, is prohibited, except by use of a hand-held bucket or similar container or a hand-held hose equipped with a positive self-closing water shut-off nozzle or device. This subsection does not apply to any commercial car washing facility.
Sec. 10-2.1105. Level 2 Water Supply Shortage Conservation Requirements. (a) A Level 2 Water Supply Shortage shall exist when the City Council declares that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists which necessitates a consumer demand reduction between 11 and 20 percent. Upon the declaration by the City Council of a Level 2 Supply Shortage, the City will implement the mandatory conservation measures identified in this section .
(b) In addition to the permanent conservation requirements identified in Sec. 10-2.1104 , the following water conservation requirements shall apply during a declared Level 2 Water Supply Shortage:
(1) Limits on Watering Days: Watering or irrigating landscape and vegetated areas with potable water is limited to three days per week from April 1 through October 31 and two days per week from November 1 through March 31, which day(s) may be designated by City Council through Resolution, with the following exceptions :
(i) Short periods of time for the express purpose of adjusting or repairing an irrigation system;
(ii) Irrigation of playing fields for field refurbishment only when necessary for public health and safety;
(iii) Use of water in a community garden providing garden plots to the public, or to home fruit and vegetable gardens less than 300 square feet; (iv) Irrigation of newly installed or significantly rehabilitated landscape for the first 60 days after the first planting. Turf, flowers, and annuals do not qualify as landscape for the purposes of this section; (v) Use of reasonable amounts of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs and other vegetation Item No.8B
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intended for commercial sale.
(vi) Irrigation of habitat restoration sites as required to meet permit conditions of regulatory agencies;
(2) Obligation to Fix Leaks, Breaks, or Malfunctions : Excessive use, loss, or release of water through breaks, leaks, or other malfunctions in the water user's plumbing, irrigation, or distribution system for any period of time after such release of water should have reasonably been discovered and corrected and, in no event more than 72 hours of receiving notice from the City, is prohibited (3) Recirculating Water Required for Water Fountains and Running-water Features: Operating a water fountain or other running-water feature that does not recirculate water is prohibited.
(4) Limits on Washing Vehicles: Using potable water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat, or trailer, whether motorized or not, is prohibited, except by use of a hand-held bucket or similar container or a hand-held hose equipped with a positive self-closing water shut-off nozzle or device. This subsection does not apply to any commercial car washing facility.
Sec. 10-2.1106. Level 3 Water Supply Shortage. Water Conservation Measures.
(a) A Level 3 Water Supply Shortage shall exist when the City Council determines that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists which necessitates a consumer demand reduction between 21 and 30 percent. Upon the declaration by the City Council of a Level 3 Water Supply Shortage condition, the City will implement mandatory Level 3 conservation measures identified in this section.
(b) Level 3 Conservation Measures: In addition to the permanent conservation requirements identified in Sec. 10-2.1104 , the following water conservation requirements shall apply during a declared Level 3 Water Supply Shortage:
1) Limits on Watering Days: Watering or irrigating landscape and vegetated areas with potable water is limited to two days per week from April 1 through October 31 and one day per week from November 1 through March 31, which day(s) may be designated by City Council through Resolution, with the following exceptions :
(i) Short periods of time for the express purpose of adjusting or repairing an irrigation system;
(ii) Irrigation of playing fields for field refurbishment only when necessary for public health and safety;
(iii) Use of water in a community garden providing garden plots to the public, or to home fruit and vegetable gardens less than 300 square feet; Item No.8B
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(iv) Irrigation of newly installed or significantly rehabilitated landscape for the first 60 days after the first planting. Turf, flowers, and annuals do not qualify as landscape for the purposes of this section;
(v) Use of reasonable amounts of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs and other vegetation intended for commercial sale.
(vi) Irrigation of habitat restoration sites as required to meet permit conditions of regulatory agencies;
(vii) Hand-watering of trees and shrubs using a hand-held bucket or similar container, or hand-held hose equipped with a positive self-closing water shut-off nozzle or device, as necessary and sufficient to keep them alive; Extra irrigation day for specific uses: The following specific uses are permitted one additional day of watering per week:
(viii)Irrigation as necessary to sustain existing ground cover or other non-turf vegetation planted and essential to maintain slope stability on slopes of at least six (6) feet in height and exceeding 20 percent grade or City Engineer’s and water purveyor’s approval;
(ix) Irrigation of active playing fields, active recreation areas in public parks, licensed daycare centers and schools, golf course greens and fairways; (x) Irrigation of fuel modification zones as necessary to sustain vegetation required as part of original development conditions by the City; (xi) Irrigation of landscaping installed to mitigate the effects of stormwater pollution as required to meet permit conditions.
2) Obligation to Fix Leaks, Breaks, or Malfunctions : Excessive use, loss, or release of water through breaks, leaks, or other malfunctions in the water user's plumbing, irrigation, or distribution system for any period of time after such release of water should have reasonably been discovered and corrected and, in no event more than 48 hours of receiving notice from the City, is prohibited 3) No potable water use in Ornamental Lakes, Ponds, or Running-water Features : Running-water features using potable water must be turned off. Topping up, filling or re-filling of ornamental water features with potable water is prohibited, except to the extent needed to sustain aquatic life, provided that such animals are of significant value and have been actively managed within the water feature prior to the declaration of a Water Supply Shortage under this article. During the declared shortage, additional aquatic animals may not be added to the water feature .
4) Limits on Washing Vehicles: Using potable water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, or trailer, whether motorized or not, is prohibited for home, mobile, and community events .
Only commercial car washes recycling their wash water and those with a Item No.8B
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Commercial Car Wash waiver issued by the City within the previous five years may operate. An exception is allowed for rinsing watercraft after use in the ocean and for incidental cleaning necessary for repair or detailing work. 5) Swimming Pools and Spas: Outdoor swimming pools and spas shall be covered when not in use to prevent water waste through evaporation. HOAs, gyms and other businesses and institutions must cover their pools and spas when the pool/spa is closed. Chemical or liquid pool “covers” are acceptable if documented and applied regularly per manufacturer instructions. Draining and refilling pools and spas is prohibited except upon water purveyor approval for leak repair.
6) Water Misters: Use of water misters is prohibited.
Sec. 10-2.1107. Level 4 Water Supply Shortage. Water Conservation Measures.
(a) A Level 4 Water Supply Shortage shall exist when City Council determines that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists which necessitates a consumer demand reduction between 31 and 40 percent. Upon the declaration by City Council of a Level 4 Water Supply Shortage condition, the City will implement mandatory Level 4 conservation measures identified in this section.
(b) Level 4 Conservation Measures: In addition to the permanent conservation requirements identified in Sec. 10-2.1104 , the following water conservation requirements shall apply during a declared Level 4 Water Supply Shortage:
1) Limits on Watering Days: Watering or irrigating landscape and vegetated areas with potable water is limited to one day per week, which day may be designated by City Council through resolution, with the following exceptions :
(i) Use of water in a community garden providing garden plots to the public, or to home fruit and vegetable gardens less than 300 square feet; (ii) Use of reasonable amounts of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs and other vegetation intended for commercial sale;
(iii) Hand-watering of trees and shrubs using a hand-held bucket or similar container, or hand-held hose equipped with a positive self-closing water shut-off nozzle or device, as necessary and sufficient to keep them alive.
Extra irrigation day for specific uses: The following specific uses are permitted one additional day of watering per week:
(iv) Irrigation as necessary to sustain existing ground cover or other non-turf vegetation planted and essential to maintain slope stability on slopes of at Item No.8B
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least six (6) feet in height and exceeding 20 percent grade or by City Engineer’s and water purveyor’s approval;
(v) Irrigation of active playing fields, active recreation areas in public parks, licensed daycare centers and schools, golf course greens and fairways; (vi) Irrigation of fuel modification zones as necessary to sustain vegetation required as part of original development conditions by the City; (vii) Irrigation of landscaping installed to mitigate the effects of stormwater pollution as required to meet permit conditions.
2) Irrigation system : The use of spray sprinklers for irrigating landscape and vegetated areas is prohibited. Only drip irrigation systems may be employed with the following exceptions:
(i) Bubblers may be used to irrigate trees and shrubs provided that there is no runoff;
(ii) Irrigation of active playing fields, active recreation areas in public parks, licensed daycare centers and schools, golf course greens and fairways;
(iii) Irrigation of existing ground cover or other non-turf vegetation in steep or inaccessible areas where installation of a drip irrigation system is impractical due to accessibility, steepness or density of existing vegetation;
(iv) Irrigation of existing non-turf, climate-appropriate ground cover where drip irrigation is unsuitable due to the density of existing vegetative cover provided that water efficient heads such as rotator stream nozzles are used;
(v) Irrigation of trees within existing CII turf areas where an existing sprinkler system is in place, spray heads serving turf are capped, and those spray heads irrigating trees are replaced with water efficient heads such as rotator stream nozzles;
(vi) Irrigation of CII non-turf landscaping where drip irrigation presents an unreasonable maintenance challenge due to excessive vandalism, destruction by wildlife, or breakage as a result of pedestrian or vehicular traffic.
3) Obligation to Fix Leaks, Breaks, or Malfunctions : Excessive use, loss, or release of water through breaks, leaks, or other malfunctions in the water user's plumbing, irrigation, or distribution system for any period of time after such release of water should have reasonably been discovered and corrected and, in no event more than 48 hours of receiving notice from the City, is prohibited
4) No potable water use in Ornamental Lakes, Ponds, or Running-water Features : Running-water features using potable water must be turned off.
Item No.8B
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Topping up, filling or re-filling of ornamental water features with potable water is prohibited, except to the extent needed to sustain aquatic life, provided that such animals are of significant value and have been actively managed within the water feature prior to the declaration of a Water Supply Shortage under this article. During the declared shortage, additional aquatic animals may not be added to the water feature . 5)Limits on Washing Vehicles: Using potable water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, or trailer, whether motorized or not, is prohibited for home, mobile, and community events . Only commercial car washes recycling their wash water may operate. An exception is allowed for incidental cleaning necessary for vehicle sale, repair or detailing work. 6) Swimming Pools and Spas: Outdoor swimming pools and spas shall be covered when not in use to prevent water waste through evaporation.
HOAs and CII entities must cover their pools and spas when the pool/spa is closed. Chemical pool “covers” are acceptable if documented and applied regularly per manufacturer instructions. Topping up with more than one and a half inches of potable water per week is prohibited. Draining and refilling pools and spas is prohibited except upon water purveyor approval for leak repair.
7) Dust suppression: Dust suppression for fugitive dust that is subject to Ventura County Air Pollution Control District Rule 55 shall not employ potable water during the drought except via an approved waiver. 8) Water Misters: Use of water misters is prohibited. 9) Showering at gyms and athletic facilities : Showers shall be closed with a physical barrier and sign informing members that showering is prohibited unless the facility provides proof to the City that all showers are fitted with showerheads that do not exceed a flow rate of 1.8 gpm at 80 psi. Acceptable proof includes:
(i) Invoices or receipts from a licensed plumber or contractor documenting the installation of devices that meet the standard;
(ii) Inspection by city staff (fees may apply);
(iii) Permit data showing the facility was constructed or remodeled to the standards set forth in the 2019 Title 24, Part 11, California Green Building Standards Code.
(c) A stay on code enforcement actions against brown or dead lawns will be in effect for the duration of the Level 4 Water Supply Shortage, not exempting the requirements for the removal of vegetation presenting a fire hazard and weed removal.
Item No.8B
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(d) Re-landscaping of dead or brown lawns including those in HOA properties, and landscaping required under development permit conditions but delayed as a result of the drought, shall be granted a grace period of six months after the Level 4 Water Supply Shortage is declared over to install landscaping.
Sec. 10-2.1108. Level 5 Water Supply Shortage. Water Conservation Measures.
(a) A Level 5 Water Supply Shortage shall exist when City Council determines that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists which necessitates a consumer demand reduction between 41 and 50 percent. Upon the declaration by the City Council of a Level 5 Water Supply Shortage condition, the City will implement mandatory Level 5 conservation measures identified in this section.
(b) Level 5 Conservation Measures: In addition to the permanent conservation requirements identified in Sec. 10-2.1104 , the following water conservation requirements apply during a declared Level 5 Water Supply Shortage:
(1) Limits on Watering Days: Outside watering with potable water is prohibited, with the following exceptions:
(i) Drip irrigation systems, bubblers and rotator stream nozzles may be employed on one day per week on residential properties and up to two days per week on CII properties, which day(s) may be designated by City Council through Resolution, to water trees only as necessary and sufficient to keep them alive.
(ii) Hand-watering of trees using a hand-held bucket or similar container, or hand- held hose equipped with a positive self-closing water shut-off nozzle or device, only as necessary and sufficient to keep them alive.
(iii) Irrigation of active playing fields, active recreation areas in public parks, licensed daycare centers and schools, golf course greens and fairways may occur on up to two days per week, which days may be designated by City Council through Resolution, as necessary to preserve their ability to function for public use.
(iv) Use of reasonable amounts of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs and other vegetation intended for commercial sale.
(v) Irrigation using drip irrigation systems, bubblers and rotator stream nozzles one day per week, which day may be designated by City Council through Resolution, to sustain existing ground cover or other non-turf vegetation planted and essential to maintain slope stability on slopes of at least six (6) feet in height and exceeding 20 percent grade or by City Engineer’s and water purveyor’s approval;
(vi) Irrigation of fuel modification zones using drip irrigation systems, bubblers Item No.8B
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and rotator stream nozzles one day per week, which day may be designated by City Council through Resolution, to sustain vegetation required as part of original development conditions by the City; (2) Turf/Lawn: Irrigation of turf, except for active public recreation areas as listed in exceptions above, is prohibited. Waivers previously granted for irrigation of functional turf on CII properties may be rescinded by the Public Works Director. (3) Irrigation system: The use of spray sprinklers is prohibited. (4) Obligation to Fix Leaks, Breaks, or Malfunctions: Excessive use, loss, or release of water through breaks, leaks, or other malfunctions in the water user's plumbing, irrigation, or distribution system for any period of time after such release of water should have reasonably been discovered and corrected and, in no event more than 24 hours of receiving notice from the City, is prohibited. (5) No potable water use in Ornamental Lakes, Ponds, or Running-water Features: Running-water features using potable water must be turned off.
Topping up, filling or re-filling of ornamental water features with potable water is prohibited, except to the extent needed to sustain aquatic life, provided that such animals are of significant value and have been actively managed within the water feature prior to the declaration of a Water Supply Shortage under this article.
During the declared shortage, additional aquatic animals may not be added to the water feature.
(6) Limits on Washing Vehicles: Using potable water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, or trailer, whether motorized or not, is prohibited for home, mobile, and community events . Only commercial car washes recycling their wash water may operate.
An exception is allowed for incidental cleaning necessary for vehicle sale, repair or detailing work.
(7) Swimming Pools and Spas: Outdoor swimming pools and spas shall be covered when not in use to prevent water waste through evaporation. HOAs and CII entities must cover their pools and spas when the pool/spa is closed.
Chemical pool “covers” are acceptable if documented and applied regularly per manufacturer instructions. Topping up with more than one and a half inches of potable water per week is prohibited. Draining and refilling pools and spas is prohibited except upon water purveyor approval for leak repair. (8) Dust suppression: Dust suppression for fugitive dust that is subject to Ventura County Air Pollution Control District Rule 55 shall not employ potable water during the drought except via an approved waiver.
(9) Water Misters: Use of water misters is prohibited.
(10) Showering at gyms and athletic facilities : Showers shall be closed with a physical barrier and sign informing members that showering is prohibited unless the facility provides proof to the City that all showers are fitted with showerheads that do not exceed a flow rate of 1.8 gpm at 80 psi. Acceptable proof includes:
Item No.8B
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(i) Invoices or receipts from a licensed plumber or contractor documenting the installation of devices that meet the standard;
(ii) Inspection by city staff (fees may apply);
(iii) Permit data showing the facility was constructed or remodeled to the standards set forth in the 2019 Title 24, Part 11, California Green Building Standards Code.
(c) A stay on code enforcement actions against brown or dead lawns will be in effect for the duration of the Level 5 Water Supply Shortage, not exempting the requirements for the removal of vegetation presenting a fire hazard and weed removal. (d) Re-landscaping of dead or brown lawns including those in HOA properties, and landscaping required under development permit conditions but delayed as a result of the drought, shall be granted a grace period of six months after the Level 5 Water Supply Shortage is declared over to install landscaping.
Sec. 10-2.1109. Level 6 Water Supply Shortage. Water Conservation Measures.
(a) A Level 6 Water Supply Shortage condition is also referred to as an "Emergency" condition. A Level 6 condition shall exist when the City Council declares a critical water shortage emergency and notifies its residents and businesses that a 50 percent or greater reduction in consumer demand is necessary. Upon the declaration by the City Council of a Level 6 Water Supply Shortage condition, the City will implement mandatory Level 6 conservation measures identified in this section.
(b) Level 6 Conservation Measures: In addition to the permanent conservation requirements identified in Sec. 10-2.1104 , the following water conservation requirements shall apply during a declared Level 6 Water Supply Shortage:
(1) Limits on Watering Days. Outside watering with potable water is prohibited.
(2) Obligation to Fix Leaks, Breaks, or Malfunctions: Excessive use, loss, or release of water through breaks, leaks, or other malfunctions in the water user's plumbing, irrigation, or distribution system for any period of time after such release of water should have reasonably been discovered and corrected and, in no event more than 24 hours of receiving notice from the City, is prohibited (3) No potable water use in Ornamental Lakes, Ponds, or Running-water Features: Running-water features using potable water must be turned off.
Topping up, filling or re-filling of ornamental water features with potable water is prohibited.
(4) Limits on Washing Vehicles: All vehicle washing is prohibited.
Item No.8B
DPW: 1000-90\ev\Council\2022\10112022\Water Ordinance Att 1.docx
2 6
4 9
(5) Swimming Pools and Spas: No pool permits will be issued, and filling of pools, ponds, or water features is prohibited.
(6) Dust suppression: Dust suppression for fugitive dust that is subject to Ventura County Air Pollution Control District Rule 55 shall not employ potable water during the drought.
(7) Water Misters: Use of water misters is prohibited.
(8) Showering at gyms and athletic facilities: Showers at gyms and athletic facilities shall be closed with a barricade and sign informing members that showering is prohibited .
(9) No New Potable Water Service : Except for the resetting or turn-on of meters to provide continuation of water service or the restoration of service that has been interrupted for one year or less, no new potable water service will be provided, no new temporary meters or permanent meters will be provided, and no statements of immediate ability to serve or provide potable water service (such as will-serve letters, certificates, or letters of availability) will be issued, except under the following circumstances:
• The project is necessary to protect the public health, safety, and welfare ; or
• The applicant provides substantial evidence of an enforceable commitment that future water demands for the project will be offset (i.e., net zero water use).
(10) Construction meters . The Public Works Director may recall previously issued temporary construction meters.
(c) A stay on code enforcement actions against brown or dead lawns will be in effect for the duration of the Level 6 Water Supply Shortage, not exempting the requirements for the removal of vegetation presenting a fire hazard and weed removal. (d) Re-landscaping of dead or brown lawns including those in HOA properties, and landscaping required under development permit conditions but delayed as a result of the drought, shall be granted a grace period of six months after the Level 6 Water Supply Shortage is declared over to install landscaping.
Sec. 10-2.1110. Procedures for Determination: Notification of Water Supply Shortage.
Declaration and Notification of Water Supply Shortage: The existence of Level 2, Level 3, Level 4, Level 5, or Level 6 Water Supply Shortage conditions shall be declared by resolution of the City Council adopted at a regular or special public meeting held in accordance with State law.
Item No.8B
DPW: 1000-90\ev\Council\2022\10112022\Water Ordinance Att 1.docx
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4 9
Sec. 10-2.1111. Waiver.
(a) Undue and Disproportionate Hardship: If, due to unique circumstances, a specific requirement of this chapter would result in undue hardship to a person or business using water or to the property upon which water is used that is disproportionate to the impacts to water users generally or to similar property or classes of water users, then the person or business may apply for a waiver to the requirements as provided in this section.
(b) Unique Circumstances: If, due to unique circumstances, specific requirement(s) of this chapter would present an impractical barrier to the customer’s operations, but that customer is still able to meet the water conservation goals of the declared water supply shortage through an alternative conservation plan, then the entity may apply for a waiver to the requirements as provided in this section and submit an alternative plan to achieve the required conservation. (c) Disability: If, due to physical limitations, impairment or disability, residents may apply for a waiver to substitute the hand-watering allowances herein with automated watering.
(d) Written Finding: The waiver may be granted or conditionally granted only upon a written finding of the existence of facts supporting the undue hardship, unique circumstances or disability limitation as presented through the following:
(1) Application: Application for a waiver must be on a form prescribed by the City and accompanied by a processing fee in an amount set by City Council resolution.
(2) Supporting Documentation: The application should include photographs, maps, drawings, and all other relevant information, including a written statement of the applicant.
(3) Required Findings for Waiver: An application for a waiver will be denied unless the City finds, based on the information provided in the application, supporting documents, or such additional information as may be requested, and on water use information for the property as shown by water use records, all of the following:
(i) That the waiver would not constitute a grant of special privilege over other residents and businesses; and
(ii) That the authorizing of such waiver will not be of substantial detriment to adjacent properties and will not materially affect the ability of the City to effectuate the purpose of this chapter and will not be detrimental to the public interest.
Item No.8B
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4 9
(4) Approval Authority: The Public Works Director must act upon any completed application no later than 14 days after submittal and may approve, conditionally approve, or deny the waiver. The applicant will be promptly notified in writing of any action taken. Unless specified otherwise, at the time a waiver is approved, the waiver will apply to the subject property during the period of the mandatory water supply shortage condition. The waiver may be revoked or modified upon written notice from the Public Works Director. (5) Applicants may file an appeal with the City Manager's office within 14 days of receipt of the decision of the Public Works Director on the waiver application.
The appeal must include an additional processing fee in the amount set for the initial waiver. The additional fee will be refunded if the appeal is successful.
The City Manager or his/her designee must act upon the appeal within 14 days and this decision is final.
Sec. 10-2.1112. Additional Water Conservation Measures.
City Council, upon adoption of a resolution, may implement additional water conservation measures in addition to those identified in Sections 10-2.1104, 10-
2.1105, 10-2.1106, 10-2.1107, 10-2.1108, and 10-2.1109.
PART 3
Continuation
(Uncodified)
Repeal of any provision of Chapter 2, Article 11 (Water Conservation), of Title 10 of the Municipal Code herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this ordinance.
PART 4
Severability
(Uncodified)
If any section, sentence, clauses, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. The City Council hereby declares that it would have passed this ordinance, and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
Item No.8B
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4 9
PART 5
Effective Date
(Uncodified)
This ordinance shall take effect on the thirty-first (31 st) day following its final passage and adoption.
PASSED AND ADOPTED this day of , 2022, by the following vote:
Ayes:
Noes:
Absent:
________________________________
Bob Engler, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
________________________________
Cynthia M. Rodriguez, City Clerk
Date Attested:____________________
APPROVED AS TO FORM:
Office of the City Attorney
_______________________________
Tracy Friedl, Assistant City Attorney
APPROVED AS TO ADMINISTRATION:
_______________________________
Andrew P. Powers, City Manager
Introduced:
Published:
Ordinance No.:
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.
Item No.8B
DPW: 1000-90\JB\etm\Council\05242022\Water Conservation Level 4 Resolution.docx
RES. NO. 2022-023
RESOLUTION NO. 2022-023
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF THOUSAND OAKS DECLARING A LEVEL 4 WATER
SUPPLY SHORTAGE PURSUANT TO MUNICIPAL
CODE SECTION 10-2.1107 AND ENACTING
ADDITIONAL WATER CONSERVATION MEASURES
PURSUANT TO MUNICIPAL CODE SECTION 10-
2.1112
WHEREAS, a reliable minimum supply of potable water is essential to the public health, safety, and welfare of the people and economy of the southern California region; and
WHEREAS, careful water management that includes active water conservation measures in times of drought is essential to ensure a reliable minimum supply of water to meet current and future water supply needs; and
WHEREAS, Article X, Section 2 of the California Constitution declares that the general welfare requires that water resources be put to beneficial use, waste or unreasonable use or unreasonable method of use of water be prevented, and conservation of water be fully exercised with a view to the reasonable and beneficial use thereof; and
WHEREAS, California Water Code section 375 authorizes water suppliers to adopt and enforce a comprehensive water conservation program to reduce water consumption and conserve supplies; and
WHEREAS, on November 16, 2021, City Council adopted a water conservation ordinance, codified in Article 11, Chapter 2, Title 10 of the Thousand Oaks Municipal Code, that became effective on January 1, 2022 and which sets forth six levels of water conservation measures; and
WHEREAS, Calleguas Municipal Water District (Calleguas) provides the water for the City of Thousand Oaks and is reliant upon deliveries of water imported by the Metropolitan Water District of Southern California (Metropolitan) from the California State Water Project (SWP), and is considered an SWP dependent agency within the Metropolitan service area; and
WHEREAS, the State of California has entered a third consecutive year of drought during which annual precipitation, snowpack, and resultant runoff levels have been markedly below that which is needed to both adequately replenish key reservoirs and meet current water demands; and
ATTACHMENT #2
Item No.8B
DPW: 1000-90\JB\etm\Council\05242022\Water Conservation Level 4 Resolution.docx
RES. NO. 2022-023
WHEREAS, on October 19, 2021, Governor Gavin Newsom proclaimed that a state of emergency exists in all California counties due to severe drought conditions, and called on all local and regional water suppliers to implement Water Shortage Contingency Plans (WSCP) that are responsive to local conditions; and
WHEREAS, on November 9, 2021, Metropolitan declared that specified drought emergency conditions exist within its service area and called on all member agencies to immediately implement conservation to reduce the use of SWP supplies; and
WHEREAS, on November 16, 2021, City Council declared a water supply shortage and urged residents and businesses to voluntarily reduce usage by 15 percent from 2020 usage to extend SWP storage reserves; and
WHEREAS, on March 18, 2022, the California Department of Water Resources (DWR) announced that it reduced the calendar year 2022 SWP allocation to Metropolitan to five percent, and current projections indicate that the final allocation will remain five percent; and
WHEREAS, DWR has a limited supply of water available for SWP contractors to utilize for Human Health and Safety (HH&S) but that access to HH&S water requires: the contractor to demonstrate robust conservation efforts with mandatory requirements; the repayment of all HH&S water in future years; and future investments to reduce reliance on the SWP to meet HH&S needs; and
WHEREAS, Metropolitan announced that, in light of the five percent SWP allocation, there are insufficient supplies to meet normal demands in SWP- dependent areas in calendar year 2022, and declared a water supply emergency at their April 26 Board meeting requiring all SWP-dependent water agencies to limit watering to one day per week equivalent, or meet volumetric requirements requiring a reduction of greater than 50 percent or face volumetric penalties of up to $2,000 per acre-foot effective June 1; and
WHEREAS, Calleguas, on April 27, 2022, passed Resolution 2042 declaring a Water Shortage Emergency Condition in the Calleguas service area mandating that water users within their service area restrict irrigation to one day per week (or equivalent) with enforcement or meet volumetric requirements requiring a reduction of greater than 50 percent by June 1; and
WHEREAS, Municipal Code Section 10-2.1107 provides for City Council to declare a Level 4 Water Supply Shortage upon a determination that a severe water supply shortage or threatened shortage exists and consumer demand reduction is necessary to appropriately respond to existing water conditions; and
Item No.8B
DPW: 1000-90\JB\etm\Council\05242022\Water Conservation Level 4 Resolution.docx
RES. NO. 2022-023
WHEREAS, Municipal Code Section 10-2.1112 provides that City Council upon adoption of a resolution may implement water conservation measures in addition to the prohibited uses of water identified in Sections 10-2.1104, 10-2.1105, 10-2.1106 10-2.1107 10-2.1108 and 10.2-1109.
NOW, THEREFORE, the City Council of the City of Thousand Oaks resolves as follows:
A severe water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to appropriately respond to existing water conditions; and
BE IT FURTHER RESOLVED by the City Council of the City of Thousand Oaks that a Level 4 Water Supply Shortage is hereby declared, to become effective on May 25, 2022; and
BE IT FURTHER RESOLVED by the City Council of the City of Thousand Oaks that outdoor irrigation be limited to one day per week and may only occur on assigned irrigation day(s), except for necessary hand watering of trees and shrubs sufficient to keep them alive; and
BE IT FURTHER RESOLVED by the City Council of the City of Thousand Oaks that low volume (also known as low flow) irrigation systems as referenced in the water conservation measures refers to the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers, and specifically designed to apply small volumes of water slowly at or near the root zone of plants; and
BE IT FURTHER RESOLVED by the City Council of the City of Thousand Oaks that Fuel Modification Zones as required in development conditions of approval for fire protection are allowed an extra day of irrigation to mitigate fire risks and are not required to use low volume irrigation systems unless otherwise conditioned or required by law or agreement; and
BE IT FURTHER RESOLVED by the City Council of the City of Thousand Oaks that the use of low volume irrigation systems is not mandated for engineered slopes except where specifically conditioned or otherwise required by law or agreement; and
BE IT FURTHER RESOLVED by the City Council of the City of Thousand Oaks that golf course fairways are allowed one extra day of irrigation because they are designated as “functional turf”; and
BE IT FURTHER RESOLVED by the City Council of the City of Thousand Oaks that limited active shared recreational areas for use by residents of
Item No.8B
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RES. NO. 2022-023
multifamily complexes or businesses may be afforded the same consideration as active playing fields in public parks but must apply through the waiver process for such consideration; and
BE IT FURTHER RESOLVED by the City Council of the City of Thousand Oaks that the extra watering days for specified purposes and exceptions for weather based irrigation controllers and rotator sprinklers provided for in TOMC Sections 10-2.1107(b)(2), (ii) and 10-2.1107(b)(3)(v) are hereby suspended; and
BE IT FURTHER RESOLVED by the City Council of the City of Thousand Oaks that dust suppression for fugitive dust that is subject to Ventura County Air Pollution Control District Rule 55 shall not employ potable water during the drought except via an approved waiver; and
BE IT FURTHER RESOLVED by the City Council of the City of Thousand Oaks that the California State Model Water Efficient Landscaping Ordinance (MWELO) definitions are to be used if a specific definition is not provided in the Thousand Oaks Municipal Code; and
BE IT FURTHER RESOLVED by the City Council of the City of Thousand Oaks that a stay on code enforcement actions against brown or dead lawns will be in effect for the duration of the drought, not exempting the requirements for the removal of vegetation presenting a fire hazard and weed removal; and
BE IT FURTHER RESOLVED by the City Council of the City of Thousand Oaks that re-landscaping of dead or brown lawns, and landscaping required under development permit conditions but delayed as a result of the drought, shall be granted a grace period of six months after the drought is declared over to install landscaping; and
BE IT FURTHER RESOLVED by the City Council of the City of Thousand Oaks that a 60-day grace period be provided for residents and businesses to transition from traditional sprinklers to low volume systems in order to meet the ordinance requirements, and that during the grace period, traditional sprinklers will be subject to the one day per week watering restriction with a limit of 15-minutes of watering per irrigation station; and
BE IT FURTHER RESOLVED by the City Council of the City of Thousand Oaks that the remainder of the month of May will be used for notification and education about the new rules and enforcement will start June 1, 2022; and
BE IT FURTHER RESOLVED by the City Council of the City of Thousand Oaks that the first violation will be a warning, the second through fourth violations will follow the City’s administrative procedure, and notwithstanding fire
Item No.8B
DPW: 1000-90\JB\etm\Council\05242022\Water Conservation Level 4 Resolution.docx
RES. NO. 2022-023
suppression system requirements, the fifth violation will result in the installation of a flow restrictor for a minimum of 30 days in addition to the administrative fine, and the sixth violation will result in the installation of a flow restrictor for the duration of the declared SWP drought emergency.
PASSED AND ADOPTED this 24
th day of May, by the following vote:
Ayes: Councilmembers Bill-de la Peña, Adam, McNamee, Jones, and Mayor Engler
Noes: None
Absent: None
________________________________
B o b E n g l e r , M a y o r
City of Thousand Oaks, California
ATTEST/CERTIFY:
_________________________________
Cynthia M. Rodriguez, City Clerk
Date Attested: ____________________
APPROVED AS TO FORM:
Office of the City Attorney
_________________________________
Tracy Friedl, Assistant City Attorney
APPROVED AS TO ADMINISTRATION:
_________________________________
Andrew P. Powers, City Manager
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.
Item No.8B
DPW: 1000-90\ev\Council\2022\08302022\ Water Shortage Measures Resolution Attachment 2.docx
Res. No. 2022-045
RESOLUTION NO. 2022-045
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF THOUSAND OAKS ENACTING AN ADDITIONAL
WATER CONSERVATION MEASURE PURSUANT TO
MUNICIPAL CODE SECTION 10-2.1112
WHEREAS, a reliable minimum supply of potable water is essential to the public health, safety, and welfare of the people and economy of the southern California region; and
WHEREAS, careful water management that includes active water conservation measures in times of drought is essential to ensure a reliable minimum supply of water to meet current and future water supply needs; and
WHEREAS, Article X, Section 2 of the California Constitution declares that the general welfare requires that water resources be put to beneficial use, waste or unreasonable use or unreasonable method of use of water be prevented, and conservation of water be fully exercised with a view to the reasonable and beneficial use thereof; and
WHEREAS, California Water Code section 375 authorizes water suppliers to adopt and enforce a comprehensive water conservation program to reduce water consumption and conserve supplies; and
WHEREAS, on November 16, 2021, City Council adopted a water conservation ordinance, codified in Article 11, Chapter 2, Title 10 of the Thousand Oaks Municipal Code, that became effective on January 1, 2022 and which sets forth six levels of water conservation measures; and
WHEREAS, Calleguas Municipal Water District (Calleguas) provides the water for the City of Thousand Oaks and is reliant upon deliveries of water imported by the Metropolitan Water District of Southern California (Metropolitan) from the California State Water Project (SWP), and is considered an SWP dependent agency within the Metropolitan service area; and
WHEREAS, the State of California has entered a third consecutive year of drought during which annual precipitation, snowpack, and resultant runoff levels have been markedly below that which is needed to both adequately replenish key reservoirs and meet current water demands; and
WHEREAS, on October 19, 2021, Governor Gavin Newsom proclaimed that a state of emergency exists in all California counties due to severe drought
ATTACHMENT #3
Item No.8B
DPW: 1000-90\ev\Council\2022\08302022\ Water Shortage Measures Resolution Attachment 2.docx
Res. No. 2022-045
conditions, and called on all local and regional water suppliers to implement Water Shortage Contingency Plans (WSCP) that are responsive to local conditions; and
WHEREAS, on November 9, 2021, Metropolitan declared that specified drought emergency conditions exist within its service area and called on all member agencies to immediately implement conservation to reduce the use of SWP supplies; and
WHEREAS, on November 16, 2021, City Council declared a water supply shortage and urged residents and businesses to voluntarily reduce usage by 15 percent from 2020 usage to extend SWP storage reserves; and
WHEREAS, on March 18, 2022, the California Department of Water Resources (DWR) announced that it reduced the calendar year 2022 SWP allocation to Metropolitan to five percent, and current projections indicate that the final allocation will remain five percent; and
WHEREAS, DWR has a limited supply of water available for SWP contractors to utilize for Human Health and Safety (HH&S) but that access to HH&S water requires: the contractor to demonstrate robust conservation efforts with mandatory requirements; the repayment of all HH&S water in future years; and future investments to reduce reliance on the SWP to meet HH&S needs; and
WHEREAS, Metropolitan announced that, in light of the five percent SWP allocation, there are insufficient supplies to meet normal demands in SWP- dependent areas in calendar year 2022, and declared a water supply emergency at their April 26 Board meeting requiring all SWP-dependent water agencies to limit watering to one day per week equivalent, or meet volumetric requirements requiring a reduction of greater than 50 percent or face volumetric penalties of up to $2,000 per acre-foot effective June 1; and
WHEREAS, Calleguas, on April 27, 2022, passed Resolution 2042 declaring a Water Shortage Emergency Condition in the Calleguas service area mandating that water users within their service area restrict irrigation to one day per week (or equivalent) with enforcement or meet volumetric requirements requiring a reduction of greater than 50 percent by June 1; and
WHEREAS, on May 24, 2022, City Council adopted Resolution 2022-023 declaring a Level 4 Water Supply Shortage with minor modifications pursuant to Municipal Code Section 10-2.1107; and
WHEREAS, on May 25, 2022, Metropolitan issued the Emergency Water Conservation Program Handbook (version 1), in which Section 3.1.1 (Eligible Outdoor Water Restriction Criteria) states, in part that Member Agencies limit watering duration to no more than 10 minutes, effective July 1; and
Item No.8B
DPW: 1000-90\ev\Council\2022\08302022\ Water Shortage Measures Resolution Attachment 2.docx
Res. No. 2022-045
WHEREAS, on June 14, 2022, Metropolitan issued a memorandum to SWP-dependent agencies to extend the deadline for them to modify the watering limit duration to 10 minutes to September 1
st; and
WHEREAS, Municipal Code Section 10-2.1112 provides that City Council upon adoption of a resolution may implement water conservation measures in addition to the prohibited uses of water identified in Sections 10-2.1104, 10-2.1105, 10-2.1106 10-2.1107 10-2.1108 and 10.2-1109.
NOW, THEREFORE, the City Council of the City of Thousand Oaks resolves as follows:
Watering or irrigating of turf, landscape, or other vegetated areas with potable water using a landscape irrigation system or a watering device that is not continuously attended is limited to no more than ten (10) minutes of watering per day per station. This watering limit does not apply to low volume or low flow systems such as drip or subsurface irrigation.
PASSED AND ADOPTED this 30
th day of August 2022, by the following
vote:
Ayes: Councilmember Bill-de la Peña, Adam, McNamee, Jones, and Mayor Engler Noes: None
Absent: None
________________________________
B o b E n g l e r , M a y o r
City of Thousand Oaks, California
ATTEST/CERTIFY:
_________________________________
Cynthia M. Rodriguez, City Clerk
Date Attested: ____________________
Item No.8B
DPW: 1000-90\ev\Council\2022\08302022\ Water Shortage Measures Resolution Attachment 2.docx
Res. No. 2022-045
APPROVED AS TO FORM:
Office of the City Attorney
_________________________________
Tracy Friedl, Assistant City Attorney
APPROVED AS TO ADMINISTRATION:
_________________________________
Andrew P. Powers, City Manager
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.
Item No.8B
ATTACHMENT #4
DPW: 1000-90\hc\ev\Council\2022\10112022\Revised Water Ordinance Att 4.docx
Project Name: Cobalt Water Patrol Services
FIRST AMENDMENT TO
AGREEMENT FOR WATER PATROL SERVICES
BETWEEN THE CITY OF THOUSAND OAKS
AND
COBALT SECURITY SERVICES, INC.
Contract No. 13051-2022
THIS FIRST AMENDMENT to the Agreement for Water Patrol Services by and between the CITY OF THOUSAND OAKS, a municipal corporation, (hereafter " City") and Cobalt Security Services, Inc., a corporation ("Service Provider"), entitled Cobalt Water Patrol Services and dated June 27, 2022 (herein "Agreement") is made this 11th day of October, 2022.
RECITALS
A. Section 6 of the Agreement currently provides for a termination date of December 31, 2022 unless the authorized work is not completed by that date.
B. City and Service Provider desire to extend the term of this Agreement for an additional six (6) months.
C. Section 3 of the Agreement currently provides for a maximum total compensation of $50,000.
D. Exhibit B of Agreement provides for compensation at a rate of $42.59 per hour for services up to eight (8) hours per day over the term of the Agreement.
E. City is in need of amending Agreement to increase total Agreement amount by an additional $75,000.00 for a revised not to exceed Agreement limit of $125,000.00.
AGREEMENT TO AMEND
NOW, THEREFORE, the undersigned parties to Agreement agree to amend Agreement as described below:
Part 1. The sum of $75,000.00 is hereby added as compensation to Consultant under the Agreement, and Section 3(a) is amended as follows:
Item No.8B
DPW: 1000-90\hc\ev\Council\2022\10112022\Revised Water Ordinance Att 4.docx
3. COMPENSATION AND PAYMENT
(a) Maximum. The total compensation earned by or payable to Service Provider, by City, for any and all services under this Agreement shall not exceed $125,000 (herein “not to exceed amount”).
Part 2. The term of this Agreement is hereby extended to June 30, 2023, and Section 6 Paragraph 1 is amended as follows:
5. TERM, PROGRESS AND COMPLETION
This Agreement shall expire on June 30, 2023, unless term of this Agreement is extended, or the Agreement is terminated as provided for herein.
Part 3. All terms used in Parts 1 and 2 above shall have the meanings ascribed thereto in the Agreement. Except as amended in Parts 1 and 2 above, all other sections, terms, obligations, duties, clauses, and provisions of Agreement shall remain the same.
IN WITNESS WHEREOF, the parties execute this First Amendment to Agreement as of the date set forth above.
COBALT SECURITY SERVICES, INC.
________________________________
Andrew Essef, Chief Executive Officer
________________________________
Marc Essef, Chief Financial Officer
CITY OF THOUSAND OAKS
________________________________
Bob Engler, Mayor
ATTEST:
________________________________
Cynthia M. Rodriguez, City Clerk
APPROVED AS TO ADMINISTRATION:
________________________________
Andrew P. Powers, City Manager
Item No.8B
DPW: 1000-90\hc\ev\Council\2022\10112022\Revised Water Ordinance Att 4.docx
APPROVED BY DEPARTMENT HEAD:
________________________________
Clifford G. Finley, Public Works Director
APPROVED AS TO FORM:
Office of the City Attorney
________________________________
Tracy Friedl, Assistant City Attorney
Item No.8B