county of santa cruz i - santa cruz county,...

GIANG T. NGUYEN HEALTH SERVICES AGENCY DIRECTOR

June 3, 2015

BOARD OF SUPERVISORS County of Santa Cruz 701 Ocean Street Santa Cruz, CA 95060

County of Santa Cruz HEALTH SERVICES AGENCY

POST OFFICE BOX 962,1080 EMELINE AVENUE, SANTA CRUZ, CA 95060 TELEPHONE: (831) 454-4000 FAX: (831) 454-4770

AGENDA: June 9,2015

SUBJECT: Drought Status Report and Proposed Ordinances to Implement Water Conservation and Water Use Reporting

Dear Members of the Board:

The Health Services Agency (HSA) requests that your Board accept and file a status update for drought impacts and current water use restrictions in Santa Cruz County. Additionally, HSA requests that your Board schedule a public hearing to consider adoption of an ordinance requiring further restrictions on water use, and an ordinance requiring water use reporting by small water systems.

State Drought Emergency Restrictions

On January 17, 2014, Governor Jerry Brown issued a proclamation declaring a state of emergency in California due to severe drought conditions. On April 1, 2015, the Governor issued the fourth in a series of Executive Orders on actions necessary to address these severe drought conditions. The April 1 Executive Order requires, for the first time in the State's history, mandatory restrictions to reduce urban water use by 25%. In response, the State Water Resources Control Board (SWRCB) adopted emergency regulations on May 5, 2015 to achieve the required water use reduction.

Urban water suppliers (serving more than 3,000 customers) have been assigned a conservation target based on 2014 per capita water use. These mandated restrictions range from 8%-36% reduction in use from their 2013 baseline. Smaller water suppliers (serving 15 to 3,000 connections) and commercial, industrial and institutional properties with an independent source of water will be required to achieve a 25% conservation standard or restrict outdoor irrigation to no more than two days per week. Additionally, new end-user prohibitions apply to all Californians including private well owners. A SWRCB Media Release dated May 5, 2015 outlines these new regulations (Attachment 1).

Drought Conditions in Santa Cruz County

The County, local water agencies, and local residents have already implemented programs that in most cases meet or go well beyond the level of effort now required by the State. Due to these previous conservation measures, water suppliers in Santa Cruz County are only mandated to meet reduction targets of between 8-20%. Many of the State's required water waste prohibitions

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Drought Status & Proposed Ordinances June 9,2015 of 4

are already permanently in place in the County and in all other local jurisdictions. The large local water suppliers already limit outdoor irrigation by time of day, number of days per week, or with limits on the total amount of water that can be used. In most Santa Cruz County jurisdictions, 2014 water use exhibited reductions of greater than 20% compared to 2013. Current programs in place are summarized in a table that lists water savings accomplished since last year by local water purveyors (Attachment 2). As an example of the effectiveness of these efforts, the City of Santa Cruz Water Department has exceeded their goal of 25% reduction and has been able to maintain storage targets in Loch Lomond Reservoir, while continuing to provide additional releases to support fish habitat in Laguna Creek and the San Lorenzo River. The City and their customers should be commended.

During this fourth year of extreme drought, Santa Cruz County continues to experience significant impacts: III There was very little, if any, additional recharge of groundwater basins this past winter, with

local groundwater levels continuing to decline. • There have been anecdotal reports of individual wells drying up, and more properties than

usual contracting with water haulers for supplemental supply much earlier in the year. III The number of well permit applications for replacement or supplemental wells has increased

by 40% from 2013. • Lompico County Water District has had to make use of the emergency inter-tie with San

Lorenzo Valley Water District; and two other small water systems have expressed concern that they may run out of water.

The county-wide decline in groundwater levels and streamflow is indicative of the continuing need to reduce any non-essential water use throughout the county by small and large water systems, private wells, and stream diversions.

County Actions That Have Been Taken

Although the County is not a water purveyor, there are a number of actions the County has been taking to address drought impact. These include: 8 Implementing the County's Water Conservation Ordinance, Chapter 7.69, which prohibits

wasteful water use and requires retrofit of water saving fixtures at the time of property transfer. HSA staff have met with Realtor's groups and several notifications have been sent to owners observed to have exhibited excessive water use.

41 Monitoring operations of the 130 Small Water Systems (5 - 199 connections) that are under County jurisdiction. Surveys of potential drought impact on water systems have been compiled and water level measurements have been made at several systems where there is concern about declining groundwater levels.

8 Collaborating with Soquel Creek Water District and Central Water District to convene meetings of mid-county groundwater users, including operators of Small Water Systems, businesses, and other private pumpers, to discuss their role in helping to address the current state of overdraft in the Soquel-Aptos Groundwater Basin. The next meeting will occur in June or July.

8 Monitoring stream flow, investigation of potential impacts of stream pumping and sending written notification to identified pumpers to advise them of their obligations and responsibilities to minimize the impact of extraction on the creeks.

8 Partnering with the large water suppliers and Ecology Action of Santa Cruz to participate in the Water Conservation Coalition of Santa Cruz County. This partnership leverages existing


programs to provide education and outreach on water conservation through events, trainings, handouts, and the website www.watersavingtips.org.

• Allocating HSA staff time to oversee the water conservation program and seek additional resources through grants and partnerships to implement program activities and projects.

Additionally, HSA plans to take further action including: • Notify small water systems of state and local requirement to restrict outdoor irrigation to

no more than two days per week or achieve 25% water conservation. • Create an inventory of commercial, industrial and institutional users of independent

water sources and notify them of the requirement to restrict outdoor irrigation to no more than 2 days per week.

It Publicize water waste prohibitions and importance of compliance by water users throughout the county.

• Continuing to respond to reports of wasteful water use by notice and investigation.

Proposed Amendment to the County Code for Water Conservation to Further limit Wasteful Water Use

HSA proposes amendments to County Code Chapter 7.69, Water Conservation, (Attachment 3) which will bring the County into alignment with the objectives of the State's emergency drought restrictions and which are consistent with the water use restrictions of most other jurisdictions in the County. The proposed amendments to the Water Conservation ordinance would add to existing restrictions and would prohibit outdoor irrigation during or within 48 hours following measureable precipitation, limit all outdoor watering to only two days per week even if by drip or hose, require restaurants to only serve water upon request, and require hotels and motels to allow guests the option of not having towels and linens laundered daily.

HSA proposes that the ordinance be adopted as an urgency ordinance, which will enable it to take effect immediately in order to address the current impacts of the ongoing drought. An urgency ordinance requires four fifths approval by the Board. The proposed ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines Section 15308 as it is an action taken by a regulatory agency to protect the environment. HSA will propose the repeal or modification of these measures at such time that they are no longer necessary.

Proposed Amendment to the County Code for Metering and Water Use Reporting by Small Water Systems

HSA is also proposing an ordinance to amend Chapter 7.71, Water Systems, to require water use measurement and reporting by the small water systems (5-199 connections) that HSA oversees (Attachment 4). The State emergency drought requirements require water saving measures and reporting by all public water systems with 15 or more connections. Additionally, the Sustainable Groundwater Management Act of 2014 (SGMA) effectively reducing that threshold, requireing reporting of water use by all users that extract more than two acre-feet per year of groundwater from priority groundwater basins. That amount is comparable to the amount typically used by four rural properties; therefore, all water systems with five or more connections would be subject to the new SGMA measurement requirements.

Under current drought conditions, it is appropriate to require metering and reporting by the 130 water systems with 5-199 connections under County jurisdiction. Additionally, it is appropriate to

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require individual meters on connections within the water systems so that the system operators and individual users can better measure the effectiveness of the water conservation efforts. It is estimated that at least half of the small water systems currently have production meters to measure total system use and that about 20% have individual meters. All other water systems in the County have individual meters. The cost of installing an individual meter is approximately $200-400. State low interest loan funds or drought emergency response funding may be available to help cover the cost of metering. Staff will work with the water systems in an effort to obtain funding assistance if feasible, to help defray some of the costs of metering.

The proposed amendment of Chapter 7.71, Water Systems, would require production metering and total system water use reporting by small water systems (5-199 connections) within 60 days. Systems would be allowed up to two years to install meters on individual connections. A section regarding violations is also proposed to be added to Chapter 7.71. This action is supported by the County Water Advisory Commission, and has been discussed with the operators of small water systems. This proposed ordinance is also exempt from environmental review under the California Environmental Quality Act (CEQA), pursuant to CEQA guidelines Section 15308, as it is an action taken by a regulatory agency to protect the environment.

Public Hearing

HSA requests that your Board set a public hearing to consider the proposed amendments to the two ordinances. HSA has prepared a public notice for the hearing to be held at your next Board meeting on June 23, 2015 (Attachment 5).

Recommendation

It is, therefore, RECOMMENDED that your Board:

1. Accept and file this status report on drought conditions; and

2. Schedule a public hearing on June 23, 2015 to consider a proposed urgency ordinance declaring a state of drought emergency and amending Chapter 7.69 of the County Code, Water Conservation, requiring further restrictions on water use, and a proposed ordinance that amends Section 7.71 of the County Code, Water Systems, requiring water use measurement and reporting by small water systems.

Giang T. N e Health Services Agency Director

Attachments: 1) SWRCB Media Release (05/05/15); 2) Table- Restrictions and Water Savings by Santa Cruz Water Agencies; 3) Proposed Ordinance amending County Code Chapter 7.69, Water Conservation; 4) Proposed Ordinance amending County Code Chapter 7.71, Water Systems; and 5) Notice of Public Hearing on June 23, 2015 for Ordinance Amendments.

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Attachment 1. 5

State Water Board Adopts 25 Percent

Mandatory Water Conservation Regulation

For Immediate Release May 5,2015

Contact: George Kostyrko [email protected]

SACRAMENTO - With emergency drought conditions persisting throughout California, the State Water Resources Control Board Tuesday adopted an emergency regulation requiring an immediate 25 percent reduction in overall potable urban water use statewide in accordance with Gov. Jerry Brown's April 1 Executive Order.

The Governor's Executive Order required, for the first time in the state's history, mandatory conservation for all residents and directed several state agencies, including the State Water Board, to take immediate action to safeguard the state's remaining potable urban water supplies in preparation for a possible fifth year of drought.

A 25 percent savings in potable urban water use amounts to more than 1.2 million acre-feet of water over the next nine months, or nearly as much water as is currently in Lake Oroville.

Tuesday's action follows the release of water production figures for the month of March which registered only a slight increase from the amount of water saved in the prior month. The amount of water conserved in March 2015, as compared to March 2013 was 3.6 percent, up less than one percent from February's results.

Since the State Water Board adopted its initial emergency urban conservation regulation in July 2014, voluntary statewide conservation efforts have reached 9 percent overall- far short of the 20 percent Governor Brown called for in 2014. To see how various regions and communities have done conserving water, please visit this link here.

"This is the drought of the century, with greater impact than anything our parents and grandparents experienced, and we have to act accordingly," said Felicia Marcus, Chair of the State Water Resources Control Board.

'Today we set a high but achievable bar, with the goal of stretching urban California's water supply. We have to face the reality that this drought may continue and prepare as if that's the case. If it rains and snows next winter, we celebrate. If the drought continues, we'll be glad we took difficult but prudent action today. It's the responsible thing to do."

STATE WATER RESOURCES CONTROL BOARD 10011 Street. Sacramento, CA 95814· Mailing Address: P.O. Box 100, Sacramento, CA 95812-0100' www.waterboard$.ca.golr

Conservation Standard

The emergency regulation identifies how much water communities must conserve based on their average residential water use, per person per day, last summer. Every person should be able keep indoor water use to no more than 55 gallons per day. For the most part, the amount of water that each person uses in excess of this amount is water that is applied to lawns and other ornamental landscapes.

On average, 50 percent of total residential use is outdoors, in some cases up to 80 percent. To save water now, during this drought emergency, the regulation targets these outdoor uses. Communities that are approaching, at or below the indoor target, are assigned a modest conservation standard while communities that use water well above the indoor target will be asked to do much more.

To reduce water use by 25 percent statewide, the regulation adopted by the Board this week places each urban water supplier into one of eight tiers which are assigned a conservation standard, ranging between four percent and 36 percent. Each month, the State Water Board will compare every urban water suppliers' water use with their use for the same month in 2013 to determine if they are on track for meeting their conservation standard. Local water agencies will determine the most cost effective and locally appropriate way to achieve their standard. The State Water Board will be working closely with water suppliers to implement the regulations and improve local efforts that are falling short.

"This likely will result in all communities significantly cutting back on outdoor watering, particularly ornamental landscapes surrounding homes, institutions, and businesses, resulting in many golden landscapes statewide," said Marcus. "This will be a heavy lift for some, but we believe that the regulatory strategy adopted today is doable - in fact, many communities that have focused on conserving water have already achieved significant conservation without losing their landscapes."

Residential customers of water suppliers with a conservation standard of 36 percent currently use between 216 and 614 gallons of water per person per day during the months of July, August, and September. Reducing their water use by 36 percent will still leave these residents with a minimum of 137 and up to 393 gallons of water per person per day; far more than the accepted standard of 55 gallons per person per day for indoor use. The difference between 55 gallons per person per day and 137 - 393 gallons per person per day means that these residents will still have water available for outdoor irrigation. Communities using less than 65 gallons per person per day will be required to reduce their overall water use by 8 percent.

"Over the longer term, we have many ways to extend our precious water resources, particularly in urban areas - conservation, recycling, stormwater capture, and desalination in appropriate cases have great promise. Many communities have done a lot already, or have ambitious goals that we hope to help them achieve. In the short run however, conservation is the cheapest, fastest and smartest way to become more resilient in the face of drought today and climate change in the future," said Marcus.

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Summary of New Requirements

• The conservation savings for all urban water suppliers (serving more than 3,000 connections) are allocated across nine tiers of increasing levels of residential gallons per capita per day (R-GPCD) water use to reduce water use by 25 percent statewide and will take effect June 1 st. For specific information on the tiers and the suppliers in each tier, please visit here.

• Smaller water suppliers (serving fewer than 3,000 connections) must either reduce water use by 25 percent, or restrict outdoor irrigation to no more than two days per week. These smaller urban suppliers, that collectively serve less than 10 percent of Californians, must submit a report on December 15, 2015 to demonstrate compliance.

• Commercial, Industrial and Institutional properties that are not served by a water supplier (or are self-supplied, such as by a groundwater well) also must either reduce water use by 25 percent or restrict outdoor irrigation to no more than two days per week. No reporting is required but these properties must maintain documentation of their water use and practices.

• The new prohibitions in the Executive Order apply to all Californians and will take effect immediately upon approval of the regulation by the Office of Administrative Law. These include:

o Irrigation with potable water of ornamental turf on public street medians; and

o Irrigation with potable water outside of newly constructed homes and buildings not in accordance with emergency regulations or other requirements established by the Building Standards Commission and the Department of Housing and Community Development.

• These are in addition to the existing restrictions that prohibit:

o Using potable water to wash sidewalks and driveways;

o Allowing runoff when irrigating with potable water;

o Using hoses with no automatic shutoff nozzles to wash cars;

o Using potable water in decorative water features that do not recirculate the water;

o Irrigating outdoors during and within 48 hours following measureable rainfall; and

o Restaurants serving water to their customers unless the customer requests it.

• Additionally, hotels and motels must offer their guests the option to not have their linens and towels laundered daily and prominently display this option in each guest room.

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Enforcement

In addition to other powers, local agencies can fine property owners up to $500 a day for failure to implement the water use prohibitions and restrictions. The State Water Board can issue informational orders, conservation orders or cease and desist orders to water suppliers for failure to meet their conservation standard. Water agencies that violate cease and desist orders are subject to a civil liability of up to $10,000 a day.

Next Steps

Following Board adoption, the regulation will be submitted to the Office of Administrative Law, which has 10 days to approve or deny the regulation. If approved by the Office of Administrative Law, the regulation will take effect immediately and remain in effect for 270 days from that date.

For more information, please visit the Emergency Water Conservation website.

To learn more about the state's drought response, visit Drought.CA.Gov.

Every Californian should take steps to conserve water. Find out how at SaveOurWater.com.

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Current and Proposed Water Use Restrictions in Santa Cruz County; and Water Savings from June through February for 2013/14 to 2014/15

Proposed Additional Agency Current Restrictions Restrictions Under

Consideration

• Prohibited use of potable water: o Washing sidewalks and driveways; o Allowing runoff when irrigating o Using hoses with no shutoff nozzles to

wash cars; o Decorative water features that do not

recirculate the water;

SWRCB o Irrigating outdoors during and within 48

State Requirements: hours following measureable rainfall;

All non-agricultural users, o Irrigation of ornamental turf on public

April 2015 street medians; o Irrigation outside of newly constructed

homes and buildings that is not delivered by drip or microspray systems;

o Restaurants serving water to their customers unless requested

• Hotels and motels must offer their guests the option to not have their linens and towels laundered daily.

SWRCB • Mandated restrictions between 4%-36%,

State Requirements: Water purveyors ( >3000

assigned to each system, depending on

connections), May 2015 water savings to date

SWRCB State Requirements:

Commercial, institutional, Limit outside watering to 2 days per week

industrial users with • independent water source

or 25% reduction in water use

and water systems 15-3000 connections, May 2015

• No wasteful water use • Further restrictions on

• No operating ornamental fountain or outdoor irrigation

cooling system that doesn't re-circulate • Restaurants cannot water serve water to their

County of Santa Cruz • Outdoor water Restrictions customers unless

o No hosing off of hardscapes requested No mandated reduction o No irrigation run-off • Hotels and motels

levels o Shut-off nozzle required on hoses must offer their guests

o Leaks must be repaired within 24 hours the option to not have

o Limit outside watering to 2 days per week their linens and towels

for 15 minutes laundered daily

o No spray irrigation 10am-5pm

Attachment 2.

Savings Accomplished

2013-2015

Achieved 9% in 2014

Objective of 25% for 2015

Objective of 20% in 2015

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Current and Proposed Water Use Restrictions in Santa Cruz County; and Water Savings from June through February for 2013/14 to 2014/15

Proposed Additional Agency Current Restrictions Restrictions Under

Consideration

• Stage 3 (of 5) Water Shortage Emergency

• No wasteful water use

• Restaurants cannot serve water to their customers unless requested

• Hotels and motels must offer their guests

City of Santa Cruz the option to not have their linens and

Water Department, towels laundered daily

May 2015 • Outdoor water Restrictions 0 Residential swimming pools may not be

State Mandated reduction filled

of 8% from 2013 levels 0 No spray irrigation lOam-5pm 0 No hosing off of hardscapes or exteriors

except for painting or sale 0 Shut-off nozzle required on hoses 0 No irrigation run-off 0 Water service at visitor facilities only on

request 0 No irrigation after rainfall 0 Leaks must be repaired within 24 hours

• Stage 3 (of 5) Water Shortage Emergency

• No wasteful water use • Restaurants cannot serve water to their

customers unless requested

• Hotels and motels must offer their guests the option to not have their linens and

Soquel Creek Water towels laundered daily District • No carwash, ornamental fountain, or

cooling equipment that doesn't re-State mandated reduction circulate water

of 8% from 2013 levels • Outdoor water Restrictions 0 No Watering lOam-8 pm 0 No watering while raining 0 No hosing off of hardscapes 0 No irrigation run-off 0 Shut-off nozzle required on hoses 0 Leaks must be repaired within 72 hours

• 200% Water Demand Offset for new connections

• No irrigation within 48 hours of measurable

• Stage 1 (of 3) Water shortage rainfall Scotts Valley Water District • Permanent Water Waste Prohibition • No irrigation of

o No irrigation 10am-5pm ornamental turf on State mandated reduction o Irrigation limited to 2 days/ week public street medians of 16% from 2013 levels o No hosing off of hardscapes • No irrigation outside

o Shut-off nozzle required on hoses new construction o No irrigation run-off when inconsistent

with building standards

)0


2013-2015

Achieved 24% in 2014






of 3

Current and Proposed Water Use Restrictions in Santa Cruz CountYi and Water Savings from June through February for 2013/14 to 2014/15

Proposed Additional

Agency Current Restrictions Restrictions Under Consideration

• Stage 2 (of 4) Water Restrictions

• No wasteful water use • Restaurants cannot serve water to their

customers unless requested

• Hotels and motels must offer their guests the San Lorenzo Valley option to not have their linens and towels

Water District laundered daily o Outdoor spray watering 3 days only

State mandated reduction o No spray irrigation lOam-5pm of 12% from 2013 levels o No hosing off of hardscapes or exteriors except

for painting or sale o Shut-off nozzle required on hoses o No irrigation run-off o Residential swimming pools cannot be filled o Leaks must be repaired within 24 hours

• Stage 2 Water Emergency (20% reduction)

City of Watsonville • State Water Waste Prohibitions • Expanded turf replacement program

State mandated reduction • Outdoor watering 2 days only

of 20% from 2013 levels • Permanent Water Waste Prohibition o No spray irrigation 9 am-5pm o Shut-off nozzle required on hoses o No irrigation run-off

• Stage 2 (of 4) Water shortage • No operating washing equipment or ornamental • State Water

Central Water District fountain that doesn't re-circulate water Waste

• Outdoor watering restrictions Prohibitions

No mandated reduction 0 Outdoor spray watering 2 days only • Continued limit

levels, <3000 connections 0 No spray irrigation 10am-7pm on outside 0 Reduced irrigation of play and common areas watering to 2 0 No hosing off of hardscapes or exteriors days per week 0 Leaks must be repaired within 24 hours 0 Shut-off nozzle required on hoses


2013-2015

Achieved 20% In 2014




Achieved more than 20% in

2014 .


Note: Agencies have more extensive programs in effect. Agency websites should be consulted for the complete list of water use restrictions and water conservation efforts.

· I:A Attachment 3.

ORDINANCE NO. __ _

URGENCY ORDINANCE DECLARING A DROUGHT EMERGENCY AND AMENDING SECTION 7.69.030 OF THE SANTA CRUZ COUNTY CODE RELATING

TO PROmBITED WATER USES

WHEREAS, on January 17, 2014, under the authority of the California Emergency Services Act, Governor Edmund G. Brown, Jr., issued a proclamation of a state of. emergency throughout the State of California based on drought conditions; and

WHEREAS, on April 25, 2014, the Governor issued a proclamation of a continued state of emergency based on continued drought conditions; and

WHEREAS, the drought conditions that formed the basis of the Governor's emergency proclamations continue to exist; and

WHEREAS, on April 1, 2015, the Governor signed an Executive Order mandating restrictions in uses of potable water based on continued drought conditions; and

WHEREAS, on May 5, 2015, the State Water Resources Control Board adopted emergency regulations to achieve the targets in the Executive Order; and

WHEREAS, on January 28, 2014, the Santa Cruz County Board of Supervisors adopted a resolution declaring a state of drought for Santa Cruz County and urged all County residents to reduce water usage by 20%; and

WHEREAS, the Board of Supervisors previously adopted Ordinance 5159 in 2013, adopting Santa Cruz County Code Chapter 7.69 entitled "Water Conservation"; and

WHEREAS, Santa Cruz County Code Section 7.69.030 establishes certain prohibited uses of water in unincorporated areas of Santa Cruz County; and

WHEREAS, on August 19,2014, the Board of Supervisors adopted Ordinance 5188, as an urgency ordinance, amending Section 7.69.030, Water Conservation, requiring further restrictions on outdoor watering; and

WHEREAS, this Ordinance will place additional restrictions of uses of potable water relating to iriigation of landscaping, consistent with state-wide regulations; and

WHEREAS, immediate action to adopt these additional prohibitions is necessary to protect the public peace, health and safety by conserving limited water resources for human consumption, health and flre protection; and

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WHEREAS, this action is statutorily exempt from CEQA pursuant to Section 15269 of Title 14 of the Code. of Regulations of the State of California, relating to emergency actions, and categorically exempt pursuant to Section 15307 (Class 7) of Title 14 of the Code of Regulations of the State of California,relating to actions for the protection of natural resources; and

, ~REAS, the Water Advisory Commission has reviewed and recommends approval of the proposed increased water use requirements,

The Board of Supervisors of the County of Santa Cruz ordains as follows:

SECTION I

The Board of Supervisors does hereby declare a state of drought emergency in Santa cruz County, which requires extraordinary measures to reduce water use, in order to preserve water resources for the benefit of the public and the environment.

SECTION II

Section 7.69.030 of the Santa Cruz County Code is hereby amended to modify subsection (B) 13 and add subsections (B) 15, 16, 17, 18 and 19 as follows:

7.69.030 Prohibited water uses. (A) The provisions of this section apply to all use of water in unincorporated areas of Santa Cruz County. Water conservation measures in addition to or more stringent than those contained in this chapter may be required by other chaptet:s of this code, or otherwise required by a supplier of water as a condition of water service.

(B) It is unlawful for any person to use water for any of the following uses:

(1) Use of water from any fire hydrant unless specifically authorized by the public water supplier, except by regularly constituted fire protection agencies for,fire suppression purposes;

(2) The watering of grass, lawn, groundcover, shrubbery, open ground, crops and trees, including agricuitural irrigation, in a manner or to an extent which allows water to run off from the area being watered;

(3) The escape of water through leaks, breaks or malfunction within the water user's plumbing or distribution system for any period of time within which such break or leak should reasonably have been discovered and corrected. It shall be presumed that a period of twenty-four hours after the water user discovers such break, leak or malfunction, or receives notice from the director or the public water supplier of such condition, whichever occurs first, is a reasonable time within which to correct such condition or to make arrangements for correction;

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(4) The washing of hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, except when necessary to alleviate safety .or sanitary hazards, and then only by use of a bucket or similar container, a hose equipped with a positive shut-off nozzle, a pressure washer, a low-volume, high-pressure water efficient broom, or a cleaning machine equipped to recycle the water used;

(5) The washing of building exteriors, mobile homes, cars, boats, and recreational vehicles unless the hose is equipped with a positive shutoff nozzle or a pressure washer; .

(6) The operation of an ornamental fountain unless water for such use is recirculated;

(7) The use of water in new ice-making machines and any other new mechanical equipment that utilizes a single pass cooling system to remove and discharge heat to the sanitary sewer. Water used for all cooling purposes shall be recycled;

(8) The washing of vehicles at a commercial car wash unless the facility utilizes water recycling equipment, or operates on a timer for a limited t~e period and shuts off automatically at the expiration of the time period;

(9) The use of potable water for dust control or soil compaction purposes in construction activities where there is a reasonably available source of reclaimed water appropriate for such use;

(lO) Individual residential car washing unless the use of water is minimized by use of a bucket, hose with automatic shut-off valve or pressure washer;

(11) The indiscriminate running of water or washing with water which is wasteful and without reasonable purpose;

(12) The irrigation of turf, landscape, or other vegetated area between 10:00 a.m. and 5 :00 p.m. unless by drip irrigation, or by hand watering with a quick acting positive shut off nozzle. (Exceptions may be made by the director for professional gardeners where there is no ability to not water between 10:00 a.m. and 5:00 p.m.);

(13) The irrigation of turf, or omamentallandscape~, or other vegetated area more than two days in a week, except ,.vhen perfinmed ",lith a bucket or '.vatering can, or by use of a drip irrigation system or similar low volume, non spray irrigation equipment, or for very short periods oftime for the express purpose of allowing landscape contractors to adjust or repair an irrigation system. Hourly restrictions set forth in subsection (12) continue to apply on authorized watering days. This provision shall not apply to commercial growers/nurseries or to residential vegetable gardens/edible plantings watered with a hose equipped with a shutoff nozzle;

(14) The irrigation of turf, landscape, or other vegetated area using an automatic irrigation system for more than fifteen minutes per watering station per assigned day. This provision shall not apply to automatic irrigation systems exclusively using low output sprinkler equipment, including rotors, stream rotors, or micro-spray systems. .

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(15) The application or potable water to outdoor landscapes during and within 48 hours following measureable rainfall;

(16)' The irrigation with potable water of ornamental turf on public street medians;

(17) The irrigation with potable water of landscapes outside of newly constructed homes and buildings in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development;

(18) The serving of water at restaurants without prior request from the customer;

(19) The laundering oflinens at hotels and motels without offering the guest an opportunity . to decline;

(C) The director may grant written variances for uses of water otherwise prohibited ifhe or she fmds and determines that failure to do so would:

(1) Cause an emergency condition affecting the health, sanitation or fIre protection of the applicant;

(2) Cause an undue and severe hardship on a particular user or business; or

(3) Render the continued operation of a business economically infeasible.

The director shall require sufficient evidence or proof be submitted to justify any variance.

SECTION III

The Board of Supervisors hereby adopts and incorporates herein all of the above recitals and on that basis fmds and determines that immediate action to adopt these additional prohibitions is necessary to protect the public peace, health and safety by conserving limited water resources for huinan consumption, health and fIre protection.

Page 4 of5

IS

SECTION IV

This ordinance shall take effect immediately upon adoption by at least four-fifths (4/5) vote of the Board of Supervisors pursuant to California Government Code section 25131.

PASSED AND ADOPTED this __ day of _____ -", 2015, by the Board of Supervisors of the County of Santa Cruz by the following vote:

AYES: NOES: ABSEN):,: ABSTAIN:

Attest:

SUPERVISORS SUPERVISORS SUPERVISORS SUPERVISORS

---------------Clerk of the Board

Approved as to form:

county't~

Chair of the Board of Supervisors

Page 5 of5

16

chment 4. 17-

ORDINANCE AMENDING CHAPTER 7.71 TO PROVIDE FOR MEASliREMENT AND REPORTING OF WATER USE BY SMALL PUBLIC WATER SYSTEMS

WHEREAS, on January 17, 20]4, under the authority of the California Emergency Services Act, Governor Edmund G. Brown, Jr., issued a proclamation of a state of emergency throughout the State of California based on drought conditions; and

WHEREAS, on April 25, 2014, the Governor issued a proclamation of a continued state of emergency based on continued drought conditions; and

WHEREAS, the drought conditions that formed the basis of the Governor's emergency proclamations continue to exist; and

WHEREAS, on April 1, 2015, the Governor signed an Executive Order mandating restrictions in uses of potable water based on continued drought conditions; and

WHEREAS, on May 5, 2015, the State Water Resources Control Board adopted emergency regulations to achieve the targets in the Executive Order; and

WHEREAS, on January 28, 2014, the Santa Cruz County Board of Supervisors adopted a resolution declaring a state of drought for Santa Cruz County and urged all County residents to reduce water usage by 20%; and

WHEREAS, Santa Cruz County Code Chapter 7.71 establishes minimum requirements for safe practice in the production and delivery of water for domestic use from water systems serving more than four but fewer than 200 connections; and

WHEREAS, in order to quantify water usage from water systems governed by Chapter 7.71 and determine whether goals for reduction of water usage are being me, it is necessary to require installation of measuring devices to record water produced and delivered by such systems; and

WHEREAS, this action is categorically exempt from CEQA pursuant to Section 15307 (Class 7) of Title 14 of the Code of Regulations of the State of Califomia, relating to actions for the protection of natural resources; and

WHEREAS, the Water Advisory Commission has reviewed and recommends approval of the proposed increased water use requirements,

The BO?l~d of Supervisors of the County of Santa Cruz ordains as follows:

SECTION I

Section 7.71.020 of the Santa Cruz County Code is hereby amended to read as follows:

7.71.020 Applicability. Except as otherwise provided in this chapter, this chapter shall apply to all water systems

within the unincorporated area of the County, except the following: (A) Water systems owned and operated by public entity water districts; (B) Water systems which are subject to direct regulation by the State Water Resources

Control Board Division of Drinking Water and which have more than 199 connections California Public Utilities Commission;

(C) Water systems which neither serve nor are ultimately intended to serve more than four residential users (service connections). (See Chapter 7.73 SCCC for regulations applicable to individual water systems serving four or fewer residential users.) [Ord. 4213 § 2,1992].

SECTION II

Chapter 7.71 of the Santa Cruz County Code, Water Systems, is hereby amended by adding Sections 7.7l.130 and 7.7l.140, as follows:

7.71.130 Water Use Measurement and Reporting. (A) By October 1, 2015, the owner/operator of a water system governed by this

chapter shall cause to be installed measuring devices to record the total amount of water produced and delivered by the system from all sources.

(1) By January 15, 2016, each owner/operator of a water system shall submit a report to the Health Officer or their designee, which indicates the total monthly water production by the water system, for each month during the period of October 1 through December 31, 2015. Each owner/operator shall also report the monthly water production for each month during the period of July 1,2013 through September 30, 2015, if that information is available. (2) Thereafter, by January 15 of each year, each owner/operator of a water system shall submit a report to the Health Officer or their designee, which indicates the total monthly water production by the system, for each month during the preceding calendar year.

(B) By October 1, 2017, all water systems governed by this chapter shall cause to be installed individual measuring devices to measure the water used by each service connection. By January 15,2016, the owner/operator of a water system shall submit a report to the Health Officer describing the plan and schedule for installing measurement devices for each service connection.

(C) The Health Officer may establish specific technical requirements for installation of measurement devices and reporting of water use.

7.71.140 Violations. (A) In the event of a violation of the provisions of this chapter or the conditions of any

permit issued under this chapter, the water system operator shall be given notice of such violation and a reasonable time for its conection.

(B) Whenever the Health Officer determines that the violation has not been corrected by the time given for correction, the water system operator shall be subject to a violation reinspection fee, the amount to be established by resolution of the Board of Supervisors.

SECTIONUI

This ordinance shall take effect on the 31 st day after the date of final passage.

PASSED AND ADOPTED this __ day of ______ , 2015, by the Board of Supervisors of the County of Santa Cruz by the following vote:

AYES: NOES: ABSENT: ABSTAIN:

Attest:

SUPERVISORS SUPERVISORS SUPERVISORS SUPERVISORS

------------------Clerk of the Board

Approved as to form:

~~~" conty Counsel

Chair of the Board of Supervisors

Notice of a Public Hearing Before the Board of Supervisors

Of the County of Santa Cruz

Attachment 5.~[)

Consideration of a Proposed Urgency Ordinance Declaring a State of Drought Emergency and Amending Chapter 7.69 of the County Code,

Water Conservation, Requiring Further Restrictions on Water Use, and Consideration of a Proposed Ordinance Amending Section 7.71 of the County Code, Water Systems, Requiring Water Use Measurement and

Reporting by Small Water Systems.

Tuesday, June 23,2015 Onl Or After 9:00 a.m.

Notice is hereby given that the County of Santa Cruz Board of Supervisors has scheduled a public hearing for Tuesday, June 23, 2015 on or after 9:00 a.m. in the Board of Supervisors Chambers, 701 Ocean Street, Room 525, Santa Cruz, California, to consider a proposed urgency ordinance declaring a state of drought emergency and amending Chapter 7.69 of the County Code, Water Conservation, requiring further restrictions on water use, and to consider a proposed ordinance that amends Section 7.71 of the County Code, Water Systems, requiring water use measurement and reporting by small water systems.

The public may attend the public hearing and/or comment on this matter. Testimony may be presented in person or submitted in written form prior to the hearing and made a part of the hearing record.

If any person challenges an action taken on the foregoing matters in court, they may be limited to raising only those issues raised at the public hearing described in this notice or in written correspondence delivered to the Board of Supervisors at or prior to the public hearing.

The County of Santa Cruz complies with the Americans with Disabilities Act (ADA). Questions regarding accommodation under the ADA should be directed to the County of Santa Cruz ADA Coordinator at 831-454-3137.

For more information on this subject, contact the Environmental Health Division of the County of Santa Cruz Health Services Agency at 831-454-2750, or the office of the County of Santa Cruz Clerk of the Board of Supervisors at 831-454-2323.

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