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Ord 2253 - Extending Ordinance 2239 Declaring the Existence of a Condition of Water ShortageORDINANCE 2253 URGENCY ORDINANCE OF THE TOWN OF LOS GATOS EXTENDING ORDINANCE 2239 DECLARING THE EXISTENCE OF A CONDITION OF WATER SHORTAGE AND PROVIDING FOR MANDATORY REDUCTIONS IN AND SPECIFIED PROHIBITIONS OF WATER USE WHEREAS, on January 17, 2014 the Governor of the State of California issued a proclamation declaring a state of emergency under the California Emergency Services Act based on drought conditions; and, WHEREAS, on July 15, 2014, the State Water Resources Control Board adopted Resolution 2014 -0038 requiring emergency implementation of certain water conservation measures in order to achieve the goal of reducing statewide water consumption by 20 %; and, WHEREAS, State Water Resources Control Board regulations required that local retail water agencies implement these additional water waste control measures within 45 days or face fines of up to $10,000 per day for noncompliance; and WHEREAS, on February 2, 2016, the State Water Resources Control Board adopted extended regulations for water conservation; and, WHEREAS, the drought has had a substantial impact on Town residents and their property, and these impacts may worsen if water consumption is not reduced substantially; and. WHEREAS, the Town's future water allocation is likely to be reduced significantly if water consumption is not reduced now; and, WHEREAS, the Town Council adopted Ordinance 2239 on May 5, 2015 for a period of 45 days and further extended the Ordinance on June 16, 2015 for a period of 10 months and 15 days; and, WHEREAS, the drought is anticipated to have a continued impact on the Town's water supply, 1 of 4 Ordinance 2243 May 3, 2016 NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS FINDS AND ORDAINS: SECTION I The Council finds and declares that the State of California and the Town of Los Gatos are continuing to experience severe drought conditions that require immediate and decisive action for the preservation of public peace, health and safety_ The Council further finds that delay in adopting an ordinance to further reduce water waste will further exacerbate the drought conditions. The Council further finds that urgent action is needed to comply with the requirement that the new regulations adopted by the Water Resources Control Board be implemented by local jurisdictions by May 1, 2015. Accordingly, the Council finds that an urgency ordinance is warranted to address these conditions. SECTION II The Council finds and determines that a state of drought and water shortage continues to exist throughout the Santa Clara Valley. Water conservation measures are necessary and water consumption must be reduced by 25 percent per California State Water Resources Control Board standards. Failure to reduce water consumption would contribute to existing water shortage. The following measure is necessary to preserve the health and safety of the people of Los Gatos. SECTION III A. The following uses of water are classified as "nonessential or unauthorized" and are prohibited: (1) The application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non- irrigated areas, private and public walkways, roadways, parking lots, or structures; (2) The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut -off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use; (3) The application of potable water to driveways and sidewalks; (4) The use of potable water in a fountain or other decorative water feature, 2of4 Ordinance 2243 May 3, 2016 except where the water is part of a recirculating system; (5) The application of potable water to outdoor landscapes during and within 48 hours after measurable rainfall; (6) The serving of drinking water other than upon request in eating or drinking establishments; (7) The irrigation with potable water of ornamental turf on public street medians; and (8) The irrigation with potable water outside of newly constructed homes and buildings that is not delivered by drip or microspray systems; (9) Watering with the use of automatic watering systems between the hours of 5:00 a.m. and 9:00p.m. B. The taking of any action in violation of this ordinance shall be subject to an administrative penalty of up to $500 for each day in which the violation occurs. Citations for violations may be issued by any member of the Police Department, the Town's Code Enforcement Officer, and any other personnel designated by the Town Manager, based on observation of the violation or resulting conditions, such as wet areas outside the allowable irrigation areas. Citations shall be issued to the person or persons named on the water account for that property. If the resident is not present to receive it, a citation may be served by mail or posted on a prominent location on the property. The administrative penalty shall be payable within 10 days to the Town Finance Department and, if not paid within 10 days, shall be added to the water user's bill. C. Any person desiring to contest a citation may file an appeal. As a condition to the filing of the appeal, all outstanding penalties must be paid in full. If the appeal is upheld, the penalty will be refunded. SECTION IV The Council finds and declares that the adoption of the water waste reduction measures herein is categorically exempt from CEQA pursuant to CEQA Guideline 15307 (Actions By Regulatory Agencies For Protection of Natural Resources). 3 of 4 Ordinance 2243 May 3, 2016 SECTION V If any section, subsection, sentence, clause, phrase. or portion of this ordinance is for any reason held to be unconstitutional or otherwise invalid by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The Town Council of the Town of Los Gatos hereby declares that it would have adopted the remainder of this ordinance, including each section, subsection, sentence, clause, phrase, or portion irrespective of the invalidity of any other article, section, subsection, sentence, clause, phrase, or portion. SECTION VI The Council hereby declares that the foregoing is an urgency ordinance necessary for the immediate preservation of the public peace, health and safety of the Town of Los Gatos and its residents and shall take effect immediately upon passage by a four -fifths majority of the Town Council. SECTION VII This ordinance shall be printed and posted upon the three (3) official bulletin boards of the Town of Los Gatos. This Ordinance was passed and adopted at a regular meeting of the Town Council of the Town of Los Gatos on the 3'd day of May 2016. AYES: Steve Leonardis, Rob Rennie, Marico Sayoc, Mayor Barbara Spector NAYS: None ABSENT: Marcia Jensen ABSTAIN: None b MAYOR OF YliETOWN OF LOS GATOS LOS GAT IFORNIA ATTEST: CLERK ADMINIS ATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: 4 of 4 Ordinance 2243 May 3, 2016