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,
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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,
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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).
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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:
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Ordinance 2243 May 3, 2016