Loading...
Attachment 1w" MEETING DATE: 05/05/15 `� p COUNCIL AGENDA REPORT ITEM NO: L� sip s DATE: APRIL 28, 2015 TO: MAYOR AND TOWN COUNCIL FROM: LES WHITE, INTERIM TOWN MAN 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. RECOMMENDATION: Staff recommends that the Town Council: 1. Adopt a 45-day Urgency Ordinance declaring the existence of a condition of drought and providing for mandatory reductions in and specified prohibition of water use. 2. Direct staff to implement water conservation measures and activities as described in the staff report. 3. Approve a $65,000 General Fund budget adjustment adding 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. EXECUTIVE SUMMARY Drought conditions remain throughout California and the Governor has called for increased conservation levels. Conservation levels through the region last year achieved 13% reductions in usage, well below the 20% voluntary target. Savings in the four Los Gatos zip codes totaled 9 %, while the Town achieved a 25% savings on its own top ten accounts. Due to the ongoing drought condition, the Governor has mandated 25% statewide reductions for the coming year. The Town can continue to lead in this arena by increasing the commitment to conservation measures. PREPARED BY: MATT MORLEY iv7 Director of Parks and Public Works Reviewed by: Town Manager _,Town Attorney sFinance ATTACHMENTI PAGE MAYOR AND TOWN COUNCIL SUBJECT: WATER CONSERVATION APRIL 28, 2015 BACKGROUND: The Santa Clara Valley Water District (SCVWD) 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. 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). Last year; the Governor declared a drought emergency for the State of California and recently the Governor of California extended the drought emergency until May 31, 2016. The SCVWD has increased its conservation target from a 20% reduction in 2014 to a 30% reduction in 2015, exceeding the Governor's call for expanded conservation due to the local dependence on underground aquifers for water supply to the Bay Area. Conservation efforts in 2014 achieved a 13% reduction County wide, including a 9% conservation level for four Los Gatos zip codes (95030, 95031, 95032, and 95033). Restrictions on water use from last year's declaration of a drought emergency remain in place. Some of these existing regulatory restrictions include restaurant service of water only upon request, positive shut off valves for hose use, elimination/prevention of water runoff, etc. Statewide and local precipitation has remained low this past season. In the Sierra Nevada the snow pack measurement in April was only six percent of average levels. Locally, the groundwater level has fallen to about five to twenty -five feet lower than last year, depending on location. DISCUSSION: Conservation Levels The California State Water Resource Control Board (CSWRCB) is the entity responsible for taking the Governor's broad call for a 25% statewide reduction in water use, and crafting actual specifics for regulation. That process is in progress with a draft regulation in circulation and recommended regulations due May 5, 2015 for adoption by the California Public Utilities Commission. The Governor's executive order and the draft regulation from the CSWRCB mandate the following: A 25% reduction in potable urban water usage through February 28, 2016, with areas having high per capita use subject to increased conservation levels. PAGE MAYOR AND TOWN COUNCIL SUBJECT: WATER CONSERVATION APRIL 28, 2015 DISCUSSION (cont'd)• 2. Restrictions on commercial, industrial, and institutional properties, such as golf courses, campuses, and cemeteries, such that the targets in item one above are achieved. 3. Prohibition of irrigating ornamental turf on public street medians with potable water. 4. Prohibition of irrigation with potable water outside of newly constructed homes and buildings that is not delivered by drip or mierospray systems. 5. Developing of rate structures and other pricing mechanisms, including but not limited to surcharges, fees, and penalties, to maximize water conservation consistent with statewide water restrictions. 6. Monthly reporting on usage, conservation, and enforcement by water suppliers. The CSWRCB has set conservation standards based on water retailer estimates of average per capita usage. The SJWC target is equivalent to a 20% reduction, below the statewide 25% aggregate target, due to the overall lower per capita usage. Other nearby communities have different conservation standards. For example, Morgan Hill has a target of 32 %, Palo Alto a target of 24 %, and East Palo Alto a target of 8 %. These standards are cumulative over the retailers service area, meaning a greater proportion could come from one source over another, as long as the retailer achieves the set standard. These varying conservation standards are meant to provide recognition of areas where per capita use is low, and by inference existing conservation efforts high. The messaging related to the conservation levels has led to some confusion, most notably with the SCVWD calling for 30°% conservation levels. The SCVWD has held to the 30% conservation target due to the dependence of the Bay Area on underground aquifers. Depletion of those aquifers can lead to subsidence, potentially leading to infrastructure failure. Specific to Los Gatos, it is very likely that the mandated conservation level will be 20% with a voluntary target of 30% to meet the increased standard set by the SCVWD. The Governor's direction on rate structures (item 5 from the list above) has experienced legal challenges associated with compliance with Proposition 218, which precludes governmental agencies from charging more than a service costs to provide. SJWC had considered a tiered rate structure to incentivize compliance. The loss of this tool may negatively affect the conservation rates and implementation timeline. This subject will likely work its way through the court system for resolution. Enforcement of conservation mandates provides a challenge for the involved jurisdictions. Currently the water retailer, SJWC, owns the responsibility for outreach and response to water use violations. SJWC does not have the authority to issue citations, however. Because of this, SJWC has established a four stage process of enforcement. For the first offense, SJWC issues a PAGE MAYOR AND TOWN COUNCIL SUBJECT: WATER CONSERVATION APRIL 28, 2015 DISCUSSION lcont'dl: door hanger at the property. The second offence generates a door hanger and a letter to the account holder. A third offence generates a door hanger, certified letter and a personal contact. At the fourth offence, penalties are imposed. SJWC must work with code enforcement at the local City or Town level for this fourth tier of enforcement. SJWC reports that the tiered approach has been effective at achieving resolution prior to the need for citations. SJWC is receiving, prioritizing, and addressing concerns and complaints on water usage. SJWC has requested that these come in through a dedicated email address: conservation Asiwater.com. Town staff will work with San Jose Water on concerns and complaints that come directly to the Town. The Mayors of the West Valley cities all served by SJWC are considering bringing forward actions to ensure consistent implementation and enforcement of the conservation targets. A more unified approach may help West Valley cities work more effectively with SJWC. What Conservation Measures Has the Town Implemented for its Facilities? The greatest water usage for Town facilities takes place outside in landscape areas. Beginning last summer, Town staff reduced the irrigation in parks and median islands from up to five days per week in the summer months to three days per week. To date this year, staff has limited water to two days per week. This level of watering will not sustain turf areas over the summer, creating a situation where large areas of parks will become yellow or brown due to lack of water. Recommendations on this topic are covered later in the report. With a vibrant downtown, keeping trash controlled and streets clean continues as a priority. Water reductions have led staff to re- evaluate the old ways of pressure washing downtown sidewalks while still balancing the needs of cleaning up after food spills, pets, and other messes. Service delivery will soon change to the use of a walk behind scrubber, which resembles a miniature street sweeper, for a large amount of the walkway with steam cleaning used for furniture and hard to reach areas of the sidewalk. Steam uses up to 505o Iess water than pressure washing. This service is provided five times per year with a focus around the summer months. Last summer the Town reduced the fountain run time at Town Plaza by about three hours per day. The fountain has an internal water treatment system that allows for reuse of the water, meaning it is fully compliant with current and pending regulations. However, on the hottest of days, a significant amount of water can evaporate from the fountain. Additionally, taking action on something as visible as the fountain demonstrates Town leadership in conservation. Most recently the fountain has been out of service due to an electronic component failure. In addition, last summer Town staff installed low flow faucet aerators on faucets throughout Town facilities. These aerators reduce the flow from faucets to one third the standard flow, a 66% reduction. PAGE 5 MAYOR AND TOWN COUNCIL SUBJECT: WATER CONSERVATION APRIL 28, 2015 DISCUSSION (cont'd): Of the Town's top ten water usage accounts (eight parks, Town Plaza, and the Civic Center) comparing calendar year 2013 to calendar year 2014, the Town achieved a 25% reduction in water use through conservation efforts (Attachment 2). What Are Other Jurisdictions Doing? Jurisdictions throughout the state continue to discuss the actions they will be taking. In general, the focus lies with heavy use areas around landscaping. Many agencies struggle with the tradeoff of green turf available for park activities versus conservation. Some address this through the removal of turf altogether followed by conversion to drought tolerant landscapes. Others are more strategic, choosing to water some areas to retain a healthy grass area while letting other areas go completely. Many jurisdictions are passing ordinances to support conservation and enforcement efforts. The ordinance facilitates local level enforcement and adds a degree of importance to the conservation effort. Los Gatos has used this method in past drought years. A summary of some other local jurisdiction actions include: Campbell supports State and SCVWD conservation requirements and recommendations. The city implemented a reduction in municipal water use through strategic reductions in landscape watering and conversion of some turf areas to drought tolerant landscaping. San Jose supports State and SCVWD conservation requirements and recommendations. The city adopted a 30% mandatory reduction target, above the 20% required by the State, while exempting public parks, golf course greens, sports fields, and school grounds, provided that irrigation is done in a water efficient manner.. San Jose also prohibits washing of vehicles at home, prohibits the installation of new lawns between May and October, and prohibits the filling of new swimming pools. Cupertino and Saratoga are reviewing requirements with planned action in coming months. As West Valley cities, they are looking at what other jurisdictions within the SJWC service area are doing. The SCVWD provides an incentive to their service area for lawn replacement. In this program, residents can receive $2 per square foot of lawn that is replaced with drought tolerant landscaping and approved irrigation. Most importantly, the SCVWD leads the efforts on outreach and education. Most recently this included a booth in partnership with local Brownie Troop #60077 for the distribution of information and "shower buckets" at the Town organized Spring into Green event. PAGE MAYOR AND TOWN COUNCIL SUBJECT: WATER CONSERVATION APRIL 28, 2015 DISCUSSION (cont' From the infrastructure perspective, the SCV WD has increased the urgency of a project to utilize highly purified waste water from a specialized water treatment facility in Alviso as a water source for injection into the underground aquifers. The facility can generate up to eight million gallons of water per day. School Districts do not fall under the authority of the Town and manage their water usage separately. The Los Gatos Saratoga High School District has made the decision to convert their sports fields to artificial turf as a water saving feature, while maintaining the real grass at the front of the school. The Los Gatos Union School District brought several recommendations to their board for implementation that will achieve a targeted 30 -35% savings, including reductions in watering turf. Town staff monitors activities throughout the state via an email list -serve set up to share ideas. Many other agencies have refrained from full restrictions on turf in parks and other open space as well as public fountains, wanting to balance the need for water conservation with maintaining open space for public use as a way of retaining a quality of life standard and providing areas for activity for those who may not have access to grass areas at home. What More Can Los Gatos Do? There are many options for Town participation in the conservation efforts. Staff recommends the following actions, with staff providing a timeline to the Council on activities within two weeks of receiving direction from the Council: 1. Adopt an urgency ordinance declaring the existence of a water shortage and providing for a mandatory reduction in water use through a series of nonessential or unauthorized activities, as identified in Attachment 1. Pursuant to Government Code Section 65858, an Urgency Ordinance is not required to comply with the standard adoption procedure, including the public hearing and noticing requirements. However, the Urgency Ordinance requires a 415 vote by the Town Council for the passage to be valid for 45 -days. Additionally, the Urgency Ordinance maybe extended for an additional 10 months and 15 days and may be extended an additional year, subject to public noticing and hearing requirements. The adoption of the Urgency Ordinance will demonstrate the Town's commitment to water conservation. A companion enforcement program would be needed to ensure effectiveness. 2. Direct staff to manage municipal water usage to achieve a minimum ongoing 20% reduction in use. 3. Create a Drought Fund in the amount of $65,000 to provide for infrastructure and outreach investments that reduce water use. This amount estimates the need based on costs for plumbing fixtures, minor turf or irrigation modifications, and increased outreach to residents. Unused funds will return to fund balance at the end of the fiscal year. PAGE 7 MAYOR AND TOWN COUNCIL SUBJECT: WATER CONSERVATION APRIL 28, 2015 DISCUSSION (cont'dl: Staff further recommends that the Council direct staff to: 4. Identify strategically located fields at Town facilities to retain in a useable condition for recreational activities. This might include a section of turf at select parks, Town Plaza, and the Civic Center. The latter two are especially important for the Jazz in the Plazz and the Music in the Park events. Staff would continue to monitor these locations on a three day a week watering schedule and would adjust to keep watering to a minimum while working to keep the turf healthy. 5. Limit fountain operation at Town Plaza to a maximum of three hours per week through October 31. The fountain has integrated water treatment and recycling systems; however on a hot summer day water evaporation could approach 300 gallons per day. Perhaps equal to the water use in importance is the perception of water conservation that could come from shutting off the fountain. Three hours of run time per week are necessary to keep the pump and filtration equipment operational. 6. Assist other organizations using Town facilities, through sharing of goals, expertise, and regulations to achieve the targeted reduction levels, including Los Gatos Saratoga Recreation, Los Gatos Little League, the New Museums of Los Gatos, and others. 7. Work with the SCVWD to conduct a water audit of Town facilities and implement measures where feasible and within budget. 8. Continue to update the Town website with water conservation information and links to partner agencies, such as SJWC and the SCVWD. 9. Send "What's New ?" blasts to residents who have registered on the Town's website about water conservation tips. 10. Host a community focus group to receive feedback on the currently listed ideas and generate additional ideas regarding water conservation techniques and monitoring. 11. Create and post a survey on the Town website to receive feedback from the community on the currently listed ideas and generate additional ideas from the community regarding water conservation techniques and monitoring. 12. Install low flow or waterless restroom fixtures. As mentioned above, staff has installed aerators on faucets throughout the Town. Facilities like the library already utilize ultra - low flow plumbing fixtures, and a majority of other facilities have low flow toilets in place. Staff will evaluate the change out of other fixtures following the audit by the SCVWD per that recommendation. Staff will set aside $30,000 from the recommended budget allocation for plumbing upgrades. Additional options for consideration, but not recommended by staff include directing staff to: A. Manage municipal water usage to achieve an increased ongoing 30% reduction in use. To achieve this level, staff would recommend allowing select areas of turf to go un- watered to try and preserve other locations. Ultimately a capital project to restore those PAGE MAYOR AND TOWN COUNCIL SUBJECT: WATER CONSERVATION APRIL 28, 2015 DISCUSSIQN (cont,d): B. areas to turf or drought tolerant landscaping would be necessary. Staff would focus on lower use areas while still attempting to leave a limited green area at each park. As an example, Bachman Park has a turf area on the south end of the park near Ellenwood Avenue that could be converted to drought tolerant landscape without significantly affecting the use of the park. Similarly, Live Oak Manor Park has significant turf areas that could be converted. C. Retain the Town Plaza fountain operation at a reduced rate of 4 hours per day, from the current schedule of 6%2 hours per day, recognizing that the fountain's recirculating system manages water use and the fountain contributes to the quality of life in the Town. D. Review various locations for the installation of artificial turf. This could include portions of parks or high use areas that are difficult to maintain with grass, such as Plaza Park, Civic Center Lawn, and Pageant Grounds. Although options include realistic looking artificial turf, the turf is decidedly modern in its concept and may not fit with the look and feel of the Town. E. Review and update current Town code for Water Efficient Landscaping, including the approved tree list to prioritize the use of drought tolerant trees. State law currently provides a standard for compliance above the current Town Code, making this item appropriate for prioritization through the annual Council Priorities and Goal Setting process. Each of these action items contains some level of commitment above currently allocated budget resources. The recommendation includes a funding allocation to address the expenditures identified in the recommended list, but not those in the list of other options for Council to consider. For example, recommendations for water saving improvements as a result of the SCVWD audit would be funded from this fund. CONCLUSION: Staff recommends that the Town Council adopt an Urgency Ordinance declaring the existence of a condition of drought and providing for mandatory reductions in and specified prohibition of water use, direct staff to take the recommended actions to reduce water use in Los Gatos, and Approve a $65,000 General Fund budget adjustment adding a water conservation line -item to be incorporated into the Town's FY 2014115 expenditure budget. Approve unexpended balances to be carried forward for water conservation/drought response into FY 2015/16. Staff will continue to monitor the drought and will provide further updates as necessary. PAGE 9 MAYOR AND TOWN COUNCIL SUBJECT: WATER CONSERVATION APRIL 28, 2015 ALTERNATIVES: The discussion section of this memorandum contains multiple options for potential inclusion in the action associated with this item. 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). FISCAL IMPACT: Sufficient funds are expected to be available from expenditure savings in FY 14/15 to fund the requested budget adjustment. Any balances unexpended will be reserved at year -end in the General Fund Reserve for Carryovers and will be re- appropriated into FY 15/16. Attachments: 1. Urgency Ordinance declaring the existence of a water shortage. 2. Los Gatos Municipal Water Conservation Table THIS PAGE INTENTIONALLY LEFT BLANK DRAFT ORDINANCE 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 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, Town residents and water customers have reduced water consumption by approximately 9% through voluntary efforts and the implementation of water conservation programs, prohibition of water waste, and enforcement; and, WHEREAS, on March 17, 2015, the California State Water Resources Control Board adopted Resolution 2015 -0013 declaring that drought conditions persist within California, extending the provisions of Resolution 2014 -0038 through April 2016, and proposing additional regulations to further reduce water waste; and, WHEREAS, State Water Resources Control Board regulations require 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, 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 CITY 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 exists throughout the Santa Clara Valley. Water conservation measures are necessary and water consumption must be reduced by 20 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, 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. 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 maybe 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 outside the allowable irrigation areas. Citations shall be issued to the person or persons named on the Water Department 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 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. 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). 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 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 City 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 an adopted at a regular meeting of the Town Council of the Town of Los Gatos on May 5, 2015. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERIC ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Los Gatos Municipal Water Conservation LL LA I Iynt 2013 Use 1 2014 Use I Savings i Bachman Park 2,923 2,487 Bel$atos Park 2,311 1,055 54% Blossom Hill Park (1) 9,131 6,914 24% Blossom Hill Park (2) 7,102 5,471 23% Live Oak Manor Park 6,363 4,625 27% Civic Center 3,139 2,781 11% Miles Avenue 2,384 1,548 35% La Rinconada Park 2,260 1,879 17% Plaza Park 975 823 16% Oak Hill Play Lot 981 593 40% TOTALS 37,569 28,176 25% use in CCF (hundred feet) 1 CCF = 748 gallons cubic This Page intentionally Left Blank