Staff Report.Drought Urgency Ordinance Extension 2021.RWS
PREPARED BY: Matt Morley
Parks and Public Works Director
Reviewed by: Town Manager, Assistant Town Manager, and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 09/07/2021 ITEM NO: 10
DATE: September 2, 2021
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Consideration and Adoption of an Interim Urgency Ordinance of the Town
Council of the Town of Los Gatos Extending the Water Conservation Urgency
Ordinance for Ten Months and Fifteen Days
RECOMMENDATION:
Staff recommends that the Town Council extend the Water Conservation Urgency Ordinance
(Attachment 1) for ten months, fifteen days.
BACKGROUND:
On June 9, 2021, Valley Water's Board of Directors adopted Resolution 21-86 declaring an
emergency water shortage and calling for water savings of 15 percent compared to 2019 usage.
Valley Water is a governmental agency that serves as the primary water “wholesaler” covering
most of Santa Clara County and all of the Town of Los Gatos.
The San Jose Water Company (SJWC) is a private utility company that serves as the primary
water “retailer” serving residents and businesses in the Town of Los Gatos. SJWC has
implemented its Water Contingency Plan.
Both the SCVWD and SJWC are subject to regulatory and drought requirements of the California
State Water Resources Control Board (CSWRCB) and the California Public Utilities Commission
(CPUC). Neither Valley Water nor SJWC have authority to enforce regulations at the local level.
It is through partnerships with local regulatory agencies like the Town that water conservation
enforcement can occur.
The Town Council passed a 45 Day Urgency Ordinance on August 3, 2021 to facilitate support of
drought restrictions. An “Urgency Ordinance” allows for the adoption of the ordinance and
PAGE 2 OF 3 SUBJECT: Extend the Water Conservation Urgency Ordinance DATE: September 2, 2021
BACKGROUND (continued):
immediate enforcement, without typical noticing prior to the ordinance being heard by the
Town Council. An Urgency Ordinance requires a four-fifths majority for adoption. The Town
Council may extend the ordinance for a period of ten months and fifteen days, subject to
noticing and public hearing requirements.
DISCUSSION:
Both Valley Water and San Jose Water have established guidelines for conservation during the
drought. The proposed Urgency Ordinance provides for a number of conservation measures,
pulling from each of the documents of these partner agencies. A comparative list of
conservation measures is provided as Attachment 2. The Urgency Ordinance (Attachment 1)
before the Council in September is identical to the one considered in August. Some elements of
the Town’s Urgency Ordinance include:
• Limited watering of ornamental landscapes or lawns to a maximum of three days a week
and before 9 a.m. or after 5:00 p.m.
• Prohibition of potable water use that results in flooding or runoff in gutters or streets.
• Allows individual private washing of cars only with a hose that includes a shut off nozzle.
• Prohibits the use of potable water for washing of buildings, driveways, sidewalks, etc.
• Prohibits the use of potable water for filling or refilling swimming pools.
• Requires restaurants to serve water to patrons only upon request.
• Other elements as included in the proposed ordinance.
As in the past, Town staff will work with partners at SJWC and Valley Water to educate
residents of the need to conserve. Enforcement actions will remain an option only where
flagrant non-compliance exists.
Town Leading by Example
As documented in the report for the August 3, 2021 Council meeting, the Town has led the way
in conservation efforts. Many previous efforts, including low flow toilets and aerators on
faucets, remain in place. Over the summer staff implemented a number of additional
conservation effort, including a dedicated web page and marketing campaign -
#DroughtReadyLG at www.losgatosca.gov/DroughtReadyLG.com; reduced fountain hours at
Plaza Park and Town Hall; and reduced irrigation of turf at Town facilities, including Parks.
PAGE 3 OF 3 SUBJECT: Extend the Water Conservation Urgency Ordinance DATE: September 2, 2021
CONCLUSION:
Extension of the Urgency Ordinance and implementing Town conservation efforts will allow for
immediate action towards community wide water savings to achieve the 15 percent targeted
reduction.
COORDINATION:
This project has been coordinated with Code Enforcement in the Community Development
Department.
FISCAL IMPACT:
Minimal costs for outreach will be absorbed by the Parks and Public Works Department
Operating Budget.
ENVIRONMENTAL ASSESSMENT:
This is not a project as defined under CEQA and is categorically exempt from CEQA pursuant to
CEQA Guideline 15307 (Actions by Regulatory Agencies for Protection of Natural Resources).
Attachments:
1. Draft Urgency Ordinance 2321
2. Comparative List of Conservation Measures
3. Public Comment