DPW: 1000-90\JB\etm\Council\2023\04252023\Water Conservation Level 1 Resolution Att 2.docx
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ATTACHMENT #2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF THOUSAND OAKS RESCINDING RESOLUTION
NO. 2023-007 AND DECLARING A LEVEL 1 WATER
SUPPLY AVAILABILITY PURSUANT TO MUNICIPAL
CODE SECTION 10-2.1104
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, 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, 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
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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, in 2022 the State of California entered a third consecutive year of drought during which annual precipitation, snowpack, and resultant runoff levels were markedly below that which is needed to both adequately replenish key reservoirs and meet current water demands; 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
WHEREAS, on April 26, 2022 Metropolitan declared a water supply emergency 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, 2022; and
WHEREAS, Calleguas, on April 27, 2022, passed Resolution No. 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, 2022; and WHEREAS, 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 10-2.1107; 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 WHEREAS, on August 30, 2022, City Council adopted Resolution No. 2022-045 limiting 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 to no more than 10 minutes of watering per day per station; and
WHEREAS, on October 11, 2022, 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 November 25, 2022 and which sets forth six levels of water conservation measures; and DPW: 1000-90\JB\etm\Council\2023\04252023\Water Conservation Level 1 Resolution Att 2.docx
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WHEREAS, imported water supply conditions have improved considerably due to significant precipitation in the current winter season, including major storms occurring in January and February 2023; and
WHEREAS, the Sierra snowpack is at its highest levels since 1995 with anticipated runoff that will further boost key reservoir levels; and WHEREAS, on January 26, 2023, the California Department of Water Resources (DWR) announced that it increased the SWP allocation to Metropolitan from five percent to thirty percent; and
WHEREAS, Calleguas, on February 15, 2023, passed Resolution No. 2070, which suspended the Calleguas enforcement of the one-day-per-week irrigation restriction, declared a Stage 2 Water Shortage, and encouraged purveyors to maintain water demand reduction programs and not exceed two days per week irrigation; and
WHEREAS, on March 14, 2023, the City Council moved from a Level 4 to a Level 3 Water Supply Shortage in response to existing water conditions; and WHEREAS, on March 24, Governor Newsom issued Executive Order N‐5‐23 modifying drought emergency provisions contained within previously issued State of Emergency Proclamations and Executive Orders, and the Department of Water Resources increased the State Water Project allocations to 75 percent; and
WHEREAS, Calleguas, on April 5, 2023, passed Resolution No. 2073, which rescinded their Stage 2 Water Shortage while calling for continued water use efficiency practices; and
WHEREAS, Municipal Code Section 10-2.1104 provides for City Council to rescind a Level Three Water Supply Shortage upon a determination that a threatened shortage no longer exists and return to Level 1 permanent water conservation measures to ensure a reliable and sustainable supply of potable water.
NOW, THEREFORE, be it resolved the City Council of the City of Thousand Oaks hereby:
1. Declares that a threatened water supply shortage no longer exists.
2. Rescinds in its entirety Resolution No. 2022-007 declaring a Level 3 Water Supply Shortage.
3. Declares a Level 1 Water Supply availability, to become effective on April 26, 2023.
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4. Expresses appreciation for the extraordinary efforts of residents and businesses to conserve water.
5. Encourages residents and businesses to use this opportunity to plant regionally appropriate California native plants and establish a resilient landscape capable of thriving with limited irrigation.
6. Continues a stay on code enforcement actions and Homeowner Association actions against brown or dead lawns until November 1, 2023 not exempting the requirement for removing weeds and vegetation presenting a fire hazard.
PASSED AND ADOPTED this 25th day of April 2023, by the following vote:
Ayes:
Noes:
Absent:
________________________________
Kevin McNamee, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
________________________________
Laura B. Maguire, 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.