Daily Archives: September 29, 2014

Goleta Water District Declares Stage II Water Shortage Emergency

On September 9, 2014, the Goleta Water District Board of Directors declared a Stage II Water Shortage Emergency and established mandatory water use restrictions necessary to cut water use by 25% district-wide.  Even with customer investment in a diverse water supply portfolio and careful management, the declaration was triggered by a 16% reduction in the District’s projected 12 month supply following three years of intense drought.  The declaration is also necessary to comply with recently adopted State Emergency Regulations that place mandatory restrictions on outdoor watering.

To comply with the voter approved SAFE Water Supplies Ordinance, adopted in a 1991 ballot initiative, the Board of Directors voted to prohibit the approval of applications for new or additional potable water connections, effective October 1, 2014. SAFE requires this action when water delivery from Lake Cachuma is reduced below 100%.

As over half of all water used in the Goleta Valley is outdoors, mandatory water use restrictions primarily target outdoor use.

Watering landscaping is restricted to no more than two times per week during early morning or late evening hours.  Residential properties using fixed (i.e. installed sprinkler systems) may water Wednesdays and Saturdays, before 7 a.m. or after 7 p.m. Businesses using fixed irrigation systems may water Tuesdays and Fridays, before 7 a.m. or after 7 p.m.  Manual watering is allowed between 4:00 p.m. and 10:00 a.m., but no more than twice a week.  Wasting water is against the law, including watering that results in runoff off of the property, and allowing water to escape from plumbing breaks for more than 48 hours. Water features such as fountains can only be used on residential properties, or if they are home to aquatic life, and must recirculate.

Hoses used for any purpose must be equipped with a shut-off nozzle. Direct application of water to sidewalks, pavements, open ground, or other hard surfaced area, as well as washing buildings, dwellings or other structures, is generally prohibited. Vehicles and boats may only be washed at commercial car washing facilities or with a hose equipped with a shut-off nozzle.

Restaurants are prohibited from serving water unless requested by the patron. Hotels, motels, and other lodging are encouraged to post water shortage notices and water conservation tips, and refrain from daily linen washing unless specifically requested by the patron.  Gyms, athletic clubs, public pools, and other similar establishments are encouraged to post water shortage notices at their facilities and promote shortened showers.  Residents are encouraged to use pool covers, which reduce water loss associated with evaporation.  Rebates for pool covers will be available while supplies last.

The District is working with agricultural customers using water to irrigate commercial crops, including nurseries, to encourage conservation activities that minimize crop loss such as avoiding watering during daylight hours and using efficient irrigation systems.

Repeated violations will be penalized with fines ranging from $100 up to $500.  However, the District is focusing on educating customers about the new Stage II Water Shortage Restrictions and initial infractions will receive a warning and written notice so that the customer can correct the problem.  After a warning and written notice a $100 fine will be issued, with repeat violations receiving escalating fines.  Customers seeking an exception must complete a written application, and include the specific regulation for which the exception is requested, the reason for the request, and supporting documentation that demonstrates the need for an exception. Information on how to request an exception, or appeal a fine can be found by clicking here.

The District is requesting the help of the public in reporting violations of Stage II restrictions, instances of water waste, and suspected cases of water theft.  Members of the public who witness unauthorized use of water are encouraged to contact the District immediately at (805)964-6761 with the date, time, and location (address) of the incident.  Photos are encouraged and will help the District identify the individual and impose penalties.

In the coming months the District will launch several water conservation incentive and rebate programs, including rebates for water wise landscape installation, high efficiency toilets, and other water efficient activities.  Customers are encouraged to contact the District for additional information on the Stage II Water Shortage restrictions, rebate programs, water saving tips, and any other questions either by calling (805)879-4643, or visiting the website at www.goletawater.com.

Ten Fascinating Facts You Didn’t Know About Monarchs

1. Monarch butterflies that migrate to Goleta come from the western Rocky Mountains.

2. The monarchs that spend their winter at Ellwood have never been to Goleta. They are five generations removed from last year’s visitors.

3. Migrating monarchs can fly at speeds up to 50km/hr.

4. Migrating monarchs live up to 9 months. Monarchs that don’t migrate live two to five weeks.

5. Monarch caterpillars only eat milkweed. Eating milkweed makes monarch caterpillars and butterflies poisonous.

6. Wild monarchs lay 300-400 eggs in their lifetime.

7. Male monarchs have a dot on each of their hind wings. This is a pheromone sac that helps them attract a mate.

8. Ellwood Main Monarch Aggregation Site is one of the largest overwintering sites in California.

9. Last year there were over 27,000 monarchs at Ellwood Main.

10. You can see large clusters of monarchs at Ellwood Main each winter from November to February.

Since 2007, the City of Goleta has trained docents to enhance the visitor experience at Ellwood Main, and lead field trips for school and community groups. You can find docents at Ellwood Main viewing platform on weekends from 10:00 a.m. to 3:00 p.m., November through February.  For more information visit www.GoletaButterflyGrove.com.

What Are Goleta’s Recreational Needs?

The City of Goleta needs your help in answering that question as it kicks off the Recreation Needs Assessment.  This study will analyze current recreation offerings and identify current and future needs in Goleta.

The City held its first Recreation Needs Assessment  workshop on Wednesday, September 24 at the Goleta Valley Community Center. Attendees provided their input on what makes Goleta a great place to live for recreation, what challenges we face, and how the City can enhance recreation in the community. We look forward to hearing more from our residents at the upcoming workshops!

Community participation is critical to ensure findings are reflective of the needs of the City’s diverse community. Both active and passive recreation will be considered as will recreation opportunities for all age groups.  This study will result in recommendations that will guide the efforts of the City for years to come.

Join us for the upcoming community workshops:

Wednesday, October 22, 2014
6-8 p.m.
Brandon Elementary School, Multi-Purpose Room
195 Brandon Drive
Goleta, CA 93117

A light dinner (sandwiches, chips, fruit and drinks) will be provided so your RSVP is important.  Register here.

Wednesday, December 3, 2014 **please note the new date.
6-8 p.m.
Goleta Valley Community Center
5679 Hollister Avenue
Goleta, CA 93117

Your input is needed to help identify the current uses and needs and anticipate the future needs for recreation in our community.

Spanish translation will be available and light refreshments will be served.

For more information, contact Luz Reyes-Martin at 961-7558 or lreyesmartin@cityofgoleta.org.

 

Three Feet for Bicycle Safety

A new law has passed that will give cyclists more room for safety on the road. Governor Jerry Brown signed the Three Feet for Safety Act. AB 1371 that went into effect on September 16, 2014. The new law requires motorist to give at least three feet clearance to bicyclists when passing from behind, and is expected to reduce car-bicycle accidents by reminding drivers to give bicyclists more safe space when passing.  The Three Feet for Safety law requires that motorists either give cyclists a three feet buffer or slow down to the point to ensure safety and pass when the cyclist will not be endangered when traffic or roadway conditions prevent giving three feet when passing.

Here are some additional tips that will help keep both motorists and cyclists safe:

Safety Tips for Motorists

• Slow down near bicyclists
• Pay attention and avoid driving distractions
• Look for bicyclists before opening your car door
• Be aware of oncoming bicyclists when making a left turn
• Check your blind spot for bicyclists before turning right

Safety Tips for Bicyclists

• Ride with the flow of traffic, not against it
• Ride with a white front light at night
• Be visible. Don’t hug the curb and ride in a straight line
• Stop at red lights and stop signs
• Ride 3-5 feet to the left of parked cars to avoid opening doors
• Be predictable and use hand signals

Drivers who zoom by cyclists will be fined a $35 penalty. If an accident were to occur,
fines can start at $220.

Please remember to always practice safety and remember to share the road!

To learn more about bike and pedestrian safety, please visit AAA.com/safetytips.

 

Do you love Monarch Butterflies? Are you looking for a volunteer opportunity?

Become a Monarch Butterfly Docent at the Goleta Butterfly Grove on Ellwood Mesa! Fall is almost here and that means the Monarchs will be arriving soon! If you’d like to find out more about this opportunity, please attend the Fall Information Session.

Docent Information Session: Monday October 20th, 6-8 pm at Goleta City Hall

Field Training and Orientation: Saturday, November 1st, 9 am at Ellwood Mesa

No previous butterfly experience or knowledge is necessary, we will train you! To RSVP for the Information Session or for any questions, please contact Docent Intern, Charis van der Heide, at 805.961.7571 or cvanderheide@cityofgoleta.org

Want to Make a Noise Complaint? Here’s What You Need to Know…

Your neighbor next door or around the corner is making too much noise, and it’s late. You have to work early in the morning. You need your sleep, and you can’t sleep with that noise going on all night. You can’t (or you opt not to) ask them to quiet down. Instead, well within your rights as a member of the community, you call law enforcement and make a noise complaint.  You just want the noise to stop.

Unfortunately, noise complaints may not be as simple as you think. Here are some things that you should know…

The noise complaint violation, and what gives deputies the right to contact and gain authority over a noise-making subject, is a violation of Penal Code Section 415(2). This section reads: “Any person who maliciously and willfully disturbs another person by loud and unreasonable noise” is in violation of disturbing the peace and is subject to a fine and/or a jail sentence.  Violating Penal Code Section 415(2)is a misdemeanor. (Penal Code Section 415(2) being a misdemeanor will come into play later, as I explain below.)

The two tenets of a noise being unreasonable and maliciously and willfully generated must be met in order for deputies to have any authority (i.e. making the noise cease) in these types of calls. Meaning, a noise must be unreasonable and willfully malicious for deputies to stop the noise under the rule of law. While the state statute does not define “unreasonable,” “willful,” or “maliciousness,” case law has established some guidelines.

Simply put, the courts have defined noises as “unreasonable” using criteria (such as the time of day), with early morning and late night hours being the most accepted and by the distance the noise travels(i.e. the noise can be heard a certain distance away) or by the volume of the noise.  The types of noises and/or the reasons for the noise (or lack thereof) can also play a role in determining whether a noise is reasonable or unreasonable. As such, noises being produced during normal and/or commonly-used waking hours and/or noises that do not travel hundreds of yards away from their source are often not seen as unreasonable by the courts.

It is not hard, even under these parameters, to have a noise deemed unreasonable. This alone, however, does not mean that the person making the noise is in violation of Penal Code Section 415(2).  In order for that to happen, the person must also be producing the noise maliciously, with the willful intent to disturb another person’s peace. Case law has held that for the malicious and willful elements to be met in Penal Code Section 415(2), the subject making the noise must know that there is a person being bothered by the noise. Inversely stated, a subject’s noise-making actions cannot be deemed malicious if he/she is unaware that someone is being bothered by the noise. The absence of awareness means the absence of will, and the absence of will means the absence of malice.

As a result, law enforcement (in meeting the requirements of case law) seeks to first establish awareness when addressing noise complaints. Assuming unreasonableness is established, the common procedure for law enforcement in addressing noise complaints is as follows:

Once a call from a reporting party (i.e. the victim) has been dispatched, deputies will contact the noise-making subject and advise him/her of the complaint. Neither the name of the reporting party nor the location of the reporting party is given. With this advisement, the case law criteria of awareness is met and so, too, is the element of willful malice met should the noise continue to be made following the advisement.

Should the noise continue and law enforcement receives a second call from the same victim, deputies then have full authority to cite and/or arrest the noise-making subject for violating Penal Code Section 415(2) – a misdemeanor. Whether a person is arrested for violating Penal Code Section 415(2) or merely cited rests upon another Penal Code Section, Penal Code Section 853.6(i)(7). Penal Code Section 853.6(i)(7) says a person may be arrested for a misdemeanor (instead of being cited) if “there was a reasonable likelihood that the offense or offenses would continue or resume.” Meaning, if it appeared that the noise-making subject was likely not to stop making the noise in question upon being cited, he/she could be arrested and booked into the county jail.

In summary…

1. There has to be a victim (a person bothered by the noise).
2. There has to be a person making the noise (the suspect).
3. The noise has to meet the case law criteria of unreasonableness.
4. The noise-making subject must know his/her noise is bothering the victim in order for his/her
noise-making actions to be considered willful and malicious.

If any of these elements are missing, there is no violation of Penal Code Section 415(2).

Plus, there’s more (and this is where Penal Code Section 415(2) being a misdemeanor becomes relevant)…

Generally, noting that there are some exceptions (per Penal Code Section 836(a)(1)), misdemeanors must be committed in the presence of a law enforcement officer for them to be enforceable at the scene. If a misdemeanor is not committed in the presence of a law enforcement officer, and it is not one of the exceptions listed in Penal Code 836 (e.g. domestic violence, violation of a court order, etc.), at-scene enforcement requires a “Citizen’s Arrest.”  Penal Code Section 837(1) reads, “A private person may arrest another for a public offense committed or attempted in his presence.” In a citizen’s arrest (also known as a citizen’s complaint), law enforcement officers will act on behalf of the victim in issuing a citation and/or in making an arrest at the scene. Should the case go to court, the victim filing the citizen’s complaint can be called to testify.

Penal Code Section 415(2) requires a citizen’s complaint to be enforceable at the scene. This is why upon calling for the assistance of law enforcement, the dispatch call-taker will ask you if you are willing to sign the citizen’s complaint form.  If you say “no,” or if you say you wish to remain anonymous (which by default means you will not sign the citizen’s complaint form), there is, in essence, no crime because legally there is, in essence, no victim.  [Note: The law does not allow for a law enforcement officer to have his/her peace disturbed while on duty.]

Now, suppose you do not want to sign a citizen’s complaint form, but you still would like deputies to contact your neighbor and politely request on your behalf that he/she stop making the noise you find disturbing.  This can sometimes be done but also sometimes cannot be done.  It all depends upon call volume – how busy patrol is with other calls and what other types of calls they are handling that day (or night).  With no violation of law involved in your request, and no danger or risk to life or limb involved, a law enforcement response to ask someone a favor on your behalf is going to be deemed “low priority.” Additionally, please note that should call volume allow for deputies to submit your request on your behalf (with no authority of law established) the noise-making subject can simply decline the request.

This may be more than you ever wanted to know about noise complaints. However, it is important to understand what the law states and what law enforcement officers are allowed to do and not do. Though noise complaints may seem simple to you, please be patient with our officers as they carry out the law.

And as always, stay alert, stay vigilant and…stay safe!