Ord 2319 - Urgency Ordinance Declaring the Existence of a Condition of Water Shortage & Providing for Mandatory Reductions in & Specified Prohibitions of Water UseORDINANCE 2319
AN URGENCY ORDINANCE OF THE TOWN OF LOS GATOS
DECLARING THE EXISTENCE OF A CONDITION OF WATER SHORTAGE
AND PROVIDING FOR MANDATORY REDUCTIONS IN AND SPECIFIED PROHIBITIONS OF
WATER USE
WHEREAS, on June 9, 2021 Valley Water passed a resolution declaring waters hortage
emergency condition calling for water restrictions; and
WHEREAS, Valley Water set a target of fifteen percent reduction in water use from 2019
levels; and
WHEREAS, on July 8, 2021, Governor Newsom signed a proclamation expanding the regional
drought state of emergency to include Santa Clara County; and
WHEREAS, the drought has had a substantial impact on Town residents and theirproperty,
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.
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
requirements that Valley Water and the State of California recommend. 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 exists
throughout the Santa Clara Valley. Water conservation measures are necessary and water
consumption must be reduced by fifteen percent. Failure to reduce water consumption
would contribute to the existing water shortage. The following measure isnecessary to
preserve the health and safety of the people of Los Gatos.
1of3
Ordinance 2319 August 3, 2021
SECTION III
A. The following uses of water are classified as "nonessential or unauthorized" and
are prohibited:
(1) Watering of ornamental landscapes or lawns with potable water beyond maximum level of
three days a week and watering before 9:00 A.M. or after 5:00 p.m.
(2) Excessive use of water: when a utility has notified the customer in writing to repair a
broken or defective plumbing, sprinkler, watering or irrigation system and the customer has
failed to affect such repairs within five business days, the utility may install a flow
restriction device.
(3) Use of potable water that results in flooding or runoff in gutters or streets.
(4) Individual private washing of cars with a hose except with the use of a positive action shut-
off nozzle. Use of potable water for washing commercial aircraft, cars, buses, boats, trailers,
or other commercial vehicles at any time, except at commercial or fleet vehicle or boat
washing facilities operated at a fixed location where equipment using water is properly
maintained to avoid wasteful use.
(5) Use of potable water for washing buildings, structures, driveways, patios, parking lots,
tennis courts, or other hard -surfaced areas, except in the cases where health and safety are
at risk.
(6) Use of potable water for construction purposes unless no other source of water or other
method can be used.
(7) Use of potable water for decorative fountains or the filling or topping off of decorative
lakes or ponds. Exceptions are made for those decorative fountains, lakes, or ponds which
utilize recycled water.
(8) Use of potable water for the filling or refilling of swimming pools.
(9) Service of water by any restaurant except upon the request of a patron.
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 City
Manager, based on observation of the violation or resulting conditions, such as wet
areas outsidethe allowable irrigation areas. Citations shall be issued to the person or
persons named on the Water Department account for that property. Ifthe 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 Water 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.
2of3
Ordinance 2319 August 3, 2021
SECTION IV
The Council finds and declares that the adoption of the water waste reduction measures
herein is categorically exempt from CEOA pursuant to CECA Guideline 15307 (Actions By
Regulatory Agencies For Protection of Natural Resources).
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 City Council of the Town of Los Gatos hereby declares thatitwould haveadopted theremainder
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 City
Council
SECTION VII
This ordinance shall be printed and posted upon the three (3) official bulletin boards of
theTown of Los Gatos.
This Ordinance was passed an adopted at a regular meeting of the Town Council of the
Town of Los Gatos on August 3, 2021.
COUNCIL MEMBERS
AYES: Mary Badame, Matthew Hudes, Rob Rennie, Maria Ristow, Mayor Marico Sayoc
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
44
MAYOR OF TH-iOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Date:,4.�c'�l
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATO , C LIFORNIA
Date:
3of3
Ordinance 2319 August 3, 2021