AddendumCOUNCIL AGENDA REPORT
DATE: MAY 4, 2015
MEETING DATE: 05105115
ITEM NO: 8
ADDENDUM
TO: MAYOR AND TOWN COUNCIL
FROM: LES WHITE, INTERIM TOWN MANAGE
SUBJECT: WATER CONSERVATION
STAFF RECOMMENDS THAT THE TOWN COUNCIL:
A. ADOPT A 45 -DAY URGENCY ORDINANCE DECLARING THE EXISTENCE
OF A CONDITION OF DROUGHT AND PROVIDING FOR MANDATORY
REDUCTIONS IN AND SPECIFIED PROHIBITIONS OF WATER USE.
B. DIRECT STAFF TO IMPLEMENT WATER CONSERVATION MEASURES AND
ACTIVITIES AS DESCRIBED IN THE STAFF REPORT.
C. APPROVE A $65,000 GENERAL FUND BUDGET ADJUSTMENT ADDING A
WATER CONSERVATION LINE -ITEM TO BE INCORPORATED INTO THE
TOWN'S FY 2014/15 EXPENDITURE BUDGET. APPROVE UNEXPENDED
BALANCE TO BE CARRIED FORWARD FOR WATER
CONSERVATION /DROUGHT RESPONSE INTO FY 2015/16.
REMARKS:
After the staff report was prepared for distribution, staff received the attached information from the City
of Campbell (Attachments 3 and 4). This information is being provided to inform the Council about
another jurisdiction's efforts regarding the drought. In addition, the following questions from a Council
Member were received:
1) At the beginning of the report, identify the time frame for the Los Gatos 9% reduction (2013 -
2014).
The time frame is calendar year 2013 compared to calendar year 2014.
2) Explain the statement, "Local precipitation has remained low" when San Jose had 12.76 inches of
rainfall versus a norm of 14.99" inches. What are Los Gatos' rainfall measurements?
Rainfall based on the rain gauge at La Rinconada Water Treatment Facility is just under normal (18.62
inches for the 2014 -2015 winter season versus 18.69 inches as the Los Gatos normal),
PREPARED BY: MATT MORLEY / /� —
Director of Parks and Public Works
Reviewed by: Assistant Town Manager town Attorney Finance
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: WATER CONSERVATION
MAY 4, 2015
3) So why do we say local precipitation is low?
Local precipitation is low over the last four years, with average rainfall numbers as follows:
2011 -12
7.09 inches
2012 -13
9.43 inches
2013 -14
6.35 inches
2014 -15
12.24 inches
Normal 14.9 inches
Deficit 24.49 inches
The effect of low rainfall compounds as underground aquifers suffer from lack of recharge and from
increased demand.
4) What amount does Los Gatos need for enforcement? It is not clear that the $65, 000 figure includes
enforcement.
There is no staff recommendation to increase enforcement by Town staff. To date, enforcement needs
from Town staff are only at the citation level and that level of escalation has not been needed. Staff
expects that some minimal enforcement could be handled by existing staff. Discussions at the state level
are ongoing, including granting authority to water retailers (e.g. San Jose Water) for enforcement.
5) What percentage of total Los Gatos water usage is Town of Los Gatos usage?
The top ten Town municipal water accounts used less than 1% of the overall Town water usage. The top
ten Town municipal accounts used 28,174 CCF in 2014 compared to 3,770,376 CCF in the four Los
Gatos zip codes.
6) Does CEQA analysis /will CEQA analysis examine water use /drought on future
development? Why /why not?
Yes. CEQA does and will continue to identify hydrology and water quality as a topic for review.
7) The proposed ordinance allows for an appeal. What is the process for that appeal (i.e., filed with
whom and when)?
The appeal would be handled similar to other code compliance appeals. The individual would pay the
fine and fill out an appeal form and staff would set up a hearing with the Town's third party hearing
officer.
8) 1 do not believe the ordinance says that.
It would follow the same process as all administrative citations.
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: WATER CONSERVATION
MAY 4, 2015
Attachments 1 -2 (Previously received with staff report on Anri129, 2015):
1. Urgency Ordinance declaring the existence of a water shortage.
2. Los Gatos Municipal Water Conservation Table
Attachments included with this addendum:
3. City of Campbell Staff Report
4. City of Campbell Presentation
OF ' C�
A ;!� City Item:
v r Category: New Business
O Q Council Meeting Date: April 21, 2015
Report
CRCHARD
TITLE: Review of Existing Water Conservation Ordinance and Potable Water
Use Restrictions Municipal Code
RECOMMENDATION
That the City Council review and provide direction to staff regarding possible revisions
to the existing water conservation ordinance and Chapter 8.34 — Potable Water Use
Restrictions Municipal Code.
BACKGROUND
As California continues to face worsening drought conditions and water supply
projections, Santa Clara Valley Water District ( SCVWD) increased the water
conservation target on March 24, 2015 from 20% to 30% based on 2013 usage, and
recommended outdoor irrigation be limited to two days per week through December 31,
2015.
This response is a result of continued severity of the drought in which local reservoirs
are now about half full and groundwater levels are 30 to 40 feet lower than average. As
a wholesale water agency, SCVWD has limited authority to impose fines or enforce
restrictions. Therefore, they rely on retail water agencies such as San Jose Water
Company (SJWC) to adopt and implement water use reduction measures.
The State Water Resources Control Board ( SWRCB) is also calling on residents to limit
their outdoor watering to two days per week if an alternate reduced irrigation schedule is
not provided by their utility. Currently, SJWC has adopted an odd /even outdoor watering
rule which complies with the reduced irrigation schedule. Residents with addresses that
end in an odd number would irrigate on odd days and those that end with even numbers
on even days. SJWC has no active enforcement efforts for these rules (see Exhibit A).
Most recently on April 1, 2015, for the first time in state history, Governor Brown
directed the SWRCB to implement mandatory water reductions in cities and towns
across California to reduce water usage by 25 %. The Governor's order calls on local
water agencies to adjust their rate structures to implement conservation pricing.
The SWRCB created a conservation target tier starting from 10 %, 20 %, 25 %, and 35%
that requires cities to cut water use from June 2015 to February 2016. The amount each
city will have to cut is based on their per capita use from September 2014, with cities
that already use little being required to save less. Campbell currently stands in the 20%
ATTACHMENT 3
Review of Existing Water Conservation Ordinance Page 2
and Potable Water Use Restrictions Municipal Code
April 21, 2015
conservation target tier, a reflection of the community's conservation efforts including
reduced water usage in Campbell's municipal facilities by 14% compared to FY13 and
by 26% compared to FY12. This has been done by reducing water use by 10% in high -
use turf areas and community spaces and 30% in other low -use (aesthetic) turf areas.
Interactive water features in parks have been turned off as well.
In an effort to further reduce water usage, Public Works staff began an effort to identify
high- water /low -use turf areas as candidates for conversion to less water - intensive
landscaped areas. Although several sites have been identified, this concept has been
implemented at only one site: along the Abbott Avenue side of Jack Fischer Park. The
process involved removing the turf and allowing it to decompose on site (which provides
nutrients to the soil). The park -strip area was then mulched, which reduces water loss
due to evaporation. Irrigation to this area has been completely shut down.
DISCUSSION
In addition to the water conservation ordinance that Campbell adopted in 1989 (Exhibit
B), in 1993 Chapter 8.34 — Potable Water Use Restrictions (Exhibit C) was added to the
Municipal Code establishing permanent potable water use restrictions. The potable
water use restrictions state that it shall be unlawful to make any of the following uses of
potable water:
1. Water waste, consisting of flooding or runoff on sidewalks or gutters
2. Use of water through a hose for cleaning of sidewalks, driveways, patios, parking
lots, or other paved or hard surface areas, and for washing cars, buses, boats,
trailers, or other vehicles without a positive automatic shutoff valve on the outlet
end of those
3. Water waste due to broken or defective plumbing, sprinkler, watering or irrigation
systems
4. Single -pass cooling systems installed after the effective date of the chapter
The 1989 water ordinance (see Exhibit B) is consistent with this section of the municipal
code but with additional provisions. The municipal code also includes a criminal penalty
where any person, firm or corporation that violates the provision or fails to comply with
any mandatory requirement of this chapter is guilty of an infraction, and upon conviction
shall be punished by a fine ranging from $100 - $1,000 and /or imprisonment of not more
than six months.
Although the provision in this chapter remains consistent with current measures that
SJWC and SCVWD are implementing today, the penalty section could be revised to
provide for administrative citations rather than what is currently identified - infraction or
misdemeanor (criminal) citations. This would be consistent with Campbell's emphasis
on education and awareness rather than penalizing with fines.
Review of Existing Water Conservation Ordinance Page 3
and Potable Water Use Restrictions Municipal Code
April 21, 2015
With regard to municipal operations, staff has been successful in meeting previous
conservation goals and has modified field practices to be consistent with the 30% target
SCVWD recently promulgated. Previously, water in high -use tun` areas (sports fields)
and community spaces was reduced by 10% and other low -use (aesthetic) turf areas
water use was reduced by 30 %. In light of the recent changes, staff has implemented
water reductions as follows: 15% in high -use turf areas and 35% in all other turf areas.
In addition, staff will continue to identify additional turf areas where irrigation could be
further reduced or completely turned off to increase conservation efforts. These sites
will be evaluated individually for conversion to alternate landscaping treatments.
Additionally, the new drought restrictions may impact the City's ability to perform power
washing on downtown sidewalks and operate decorative fountains that do not use
recycled water. The fountain at the Community Center in front of the Heritage Theater
is currently being evaluated for water demands (refilling due to evaporation loss and
leakage). The current restrictions may restrict the City's ability to top off this fountain
and may result in the fountain being shut down. Staff is continuing to research this
issue and get clarification from both SJWC and SCVWD. When additional information
becomes available, staff will report that to Council.
FISCAL IMPACT
There is no fiscal impact associated with this action.
ALTERNATIVES
Determine that there is no need for an update or revision to the existing water ordinance
or Chapter 8.34 of the Municipal code.
Prepared by:
Amy Pham, Management Intern
Reviewed by:
Bill Helms, Executive Project Manager
Reviewed by:
Todd Capurso, Public Works Director
Approved by:
Mark Linder, City Manager
Review of Existing Water Conservation Ordinance Page 4
and Potable Water Use Restrictions Municipal Code
April 21, 2015
Attachments:
Exhibit A: San Jose Water Company Water Conservation Rules
Exhibit B: 1989 Water Conservation Ordinance
Exhibit C: Chapter 8.34 — Potable Water Use Restrictions
o
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Campbell City Council
Water Conservation Update
April 21, 2015
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.r"&iIL Aar &"I(JL 4.li'�Ali.:ti
Driest year on record (2013)
Three consecutive years of below
average precipitation
January 17, 2014 — Governor
Brown emergency drought
declaration
February 25, 2014 — SCVWD sets
conservation target at 20%
July 28, 2014 — State Water Board
emergency regulations adopted
August 14, 2014 — CPUC resolution
for notification and enforcement
• November 25, 2014 — SCVWD
extends conservation thru June 30,
2015
• March 17, 2015 — SWRCB adopts
expanded regulation
• March 25, 2015 — SCVWD increases
target to 30%
• April 1, 2015 — Governor's Executive
Order
• April 9, 2015 — CPUC issues drought
resolution, orders utilities to
implement Schedule 14.1
(allocations)
5/4/2015
3
Rules Currently in Effect
Use of water through any connection when
the 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
make such repairs within 5 days after
receipt of such notice.
Use of water which results in flooding or
run -off in gutters, waterways, patios,
driveway, or streets.
Use of water for washing aircraft, cars,
buses, boats, trailers or other vehicles
without a positive shut -off nozzle on the
outlet end of the hose. Exceptions include
washing vehicles at commercial or fleet
vehicle washing facilities operated at fixed
locations where equipment using water is
properly maintained to avoid wasteful use.
Use of water through a hose for washing
buildings, structures, walkways, patios,
parking lots, tennis courts, or other hard -
surfaced areas in a manner which results
in excessive run -off or waste.
• Use of drinking water for washing
driveways and sidewalks.
Use of water for watering streets with
trucks, except for initial wash -down for
construction purposes (if street sweeping
is not feasible), or to protect the health
and safety of the public.
Use of water for construction purposes,
such as consolidation of backfill, dust
control, or other uses unless no other
source of water or other method can be
used.
5/4/2015
uses Currently in Effect cont
• Use of water for more than minimal landscaping in
connection with any new construction.
Use of water for outside plants, lawn, landscape, and
turf areas more often than every other day, with
even numbered addresses watering on even
numbered days of the month and odd numbered
addresses watering on the odd numbered days of the
month, except that this provision shall not apply to
commercial nurseries, golf courses and other water -
dependent industries. (* see specific rule for San
Jose customers below)
• Use of water for watering outside plants and turf
areas using a hand -held hose without a positive
shut -off valve.
Use of 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
(recirculated) water.
• Use of water for the filling or refilling of
swimming pools (topping off pools is
allowed).
• Service of water by any restaurant
except upon the request of the patron.
• Hotels and Motels must provide guests
with the option of not having towels and
linens laundered daily.
• * San Jose ordinance restricts landscape irrigation to
2 days per week and outside the hours of 8 am and 8 Using outdoor irrigation during and 48
pm
hours following measurable
precipitation.
5/4/2015
Enforc _
• Customer notification of water waste reports (phone, email,
website)
• Multi -level process for enforcement
• First offense — door hanger
• Second offense — door hanger and letter
• Third offense — door hanger, certified letter, and personal
contact
• Fourth offense — low flow restrictions and /or penalties
($5oo /day fines coordinated through municipalities)
5/4/2015
0
A
Taking Actiol'L
➢ Comprehensive water conservation program since early 199o's
➢ Replace 25 miles of pipe annually
➢ Efficient /safe response to leaks
➢ 7% non - revenue water (industry average of 15% -20%)
➢ Expanding recycled water system
➢ Internal improvements
5/4/2015
7
What is SJWC doing?
➢ Frequent bill inserts
➢ Website updates
➢ Social media (YouTube,
Twitter, Facebook)
➢ Community meetings
➢ Conservation events (SJ
Giants, SJSU Football)
➢ Landscape workshop
➢ Ramping up audits
➢ Reaching out to top
customers
Bascom Facility
s /a /iois
12
What can you do?
➢ Follow the conservation
rules /tips
➢ Evaluate rebate programs
(valleywater.org)
➢ Spread the word to friends and
family
➢ Schedule a Water Audit
➢ 408- 279 -7900
➢ conservation @sjwater.com
- -
5/4/2015
Oj
Water Affordability
5/4/2015
10
• Less than a
--
penny per gallonM�''�
delivered
24/7/365
$2.55 /day for service (average,,
bill $77 /month):,'
USEPA Affordability
• Index
( <2.5% of median household
income) — SJWC currently
at
u�. se0000soomoaaamooaoo.reu.o
• San Jose MHI
-.
- $82,687
-
Census)
(2010
�a�a�• -tr.eR
°i-w
ww...w u�iu. -�.�Wa
mK.rcsya
e�.e mi 6.+.�. s,
5/4/2015
10
® Wine $45
+r
Coffee $1
Bottled Water $1 •35
«. ■ $ /gallon
Milk $3.5
® Gasoline 3.50
Water I $0. 03
0 5 10 15 20 25 30 35 40 45
5/4/2015
11
Per Capita Consumption
*Gallons per capita
Department of Water Resources
Water Plan Update 2013
http : / /www.waterplan.water.ca.gov /docs/
cwpu2O13 /Final /Vo13_ChO3_UrbanWUE.
pdf
5/4/2015
12
➢ City Operations
➢ Potable Water Use
Municipal Code
➢ Water Ordinance _``t`i
T
5/4/2015
13
Campbell's Water Usage
FY 2o12
CCFs used: 99,105
Average CCFs per month: 81259
FY 201?
CCFs used: 111,o66
Average CCFs per month: 9,256
Compared to FY12: +12%
FY 2014
CCFs used: 85234
Average CCFs per month: 7,103
Compared to FY12: -14%
Compared to FY13: -26
5/4/2015
14
Campbell's Water Usage cont
➢ $18o,000 budget
➢ Approximately iio,000 CCFs
➢
70% of water usage is outdoor
use
➢ 8o% landscape use (turf)
5/4/2015
15
City Operations
In complying with SCVWD & SJWC rules, Campbell is
currently implementing the following practices:
➢ 15% water reduction in high -use turf areas and
community spaces
➢ 35% water reduction in aesthetic turf areas
➢ Water features in parks turned off
➢ Downtown sidewalk power washing — transitioning to
reclaimed water
5/4/2015
16
Turf Conversion
➢ Removing passive /aesthetic turf areas
➢ Conversion to less water - intensive landscaped areas
➢ Jack Fischer Park - Abbott Avenue
5/4/2015
17
Chapter 8.34 - PotabiF, Val fi, . U ,e
Restrictions
The potable water use restrictions state that it shall be unlawful to
make any of the following uses of potable water:
10-Water waste, consisting of flooding or runoff on sidewalks or gutters
►Use of water through a hose for cleaning of sidewalks, driveways,
patios, parking lots, or other paved or hard surface areas, and for
washing cars, buses, boats, trailers, or other vehicles without a positive
automatic shutoff valve on the outlet end of those
10-Water waste due to broken or defective plumbing, sprinkler, watering
or irrigation systems
►Single -pass cooling systems installed after the effective date of the
chapter
5/4/2015
M
Water Conservation Ordinance
City of Campbell adopted a restrictive water ordinance in 1989,
prohibiting the following uses of potable water:
➢ Water waste by flooding or runoff on sidewalks, streets, or
other paved areas.
➢ Cleaning of sidewalks, driveways, patios, or other paved /hard-
surfaced areas.
➢ Washing cars, buses, boats or other vehicles without a positive
automatic shutdown valve on the end of hose.
➢ Operation of decorative fountains, except for maintenance
purpose.
5 /4/2015
19
➢ Potable Water Use Restrictions Municipal Code: Is there a
need for an update or revision?
➢ Council Discussion — Q and A
5/a /2015
20