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Attachment 1 Part 2�Bd BA1OS COUNCIL AGENDA REPORT MEETING DATE, 05105/15 ITEM NO: 8 ADDENDUM DATE: MAY 4s 2015 TO: MAYOR AND TOWN COUNCIL FROM: LES WHITE, INTERIM TOWN MANAGE 6. g# Z, 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 2014115 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 Citv 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 Gams 9f redtxc�n {2o - 2014j. The time frame is calendar year 2013 compared to calendar year 2014, 2) E'zplain the statement. "Local precipitation has remained low" when San Jose had 12. T6 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] 8.69 inches as the Los Gatos normal). PREPARED BY: MATT MORLEY -- '^ Director of Parks and Public Works 7, Reviewed bv: Assistant Town Manager AI own Attorney Finance PAGE 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 143 inches Deficit 24.49 inches The effect of low rainfall compounds as underground aquifers suf&' r from lack of recharge and from increased demand. 41 Wiat amount does Lacs 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. Stan` 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) f-Vhat percentage gftotal Los Gatos water usage is Town ofLos Gatos usage? The top ten Town municipal water accounts used less than i % of the overall Town water usage. The top ten Town municipal accounts used 23,174 CCF in 2014 compared to 3,770,376 CCF in the four Los Gatos zip codes. 6) Does CEQA analysis /will CEQA analvsis ,examine water use /drought on, future development? Whvfwhy not? Yes. CEQA does and will continue to identify hydrology and water quality as a topic for review. 7) The proprxsed ordinance allows fir 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 Towm's third party hearing officer. 8) [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 April 29 2015): 1. Urgency Ordinance declaring the existence of a water shortage. 2. Los Gatos Municipal Water Conservation Table Attachtents included with this addendum: 3. City of Campbell Staff Report 4. City of Campbell Presentation oF'CAM AA' A6p 1, Z ty Item: Category: New Business 0 o Council Meeting Date: April 21, 2015 Report •QKCNAR�. 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. 6 1 1 f 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% 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 FYI and by 26% compared to FYI 2. 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 /law -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 $10041,000 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 turf 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 5/4/2015 U.S. Drought Monitor - California U.S. Drought Monitor California April 7, 2015 (Released Thursday, Apr. 9, 2M) Valid T a.m. EST Drcogm Cp Ofms(vememnres) Intensify oe m�4,mairoy -O3smmeomupra O1 Ma]e,Me Ord jN _DI F+mdimflOm,gM Thl¢ O.QW NOMOI IWIMS 4 »Ma1.ek f09011N UX Bf COM4i0IN l)Ny VBry SBF BLCGMpaN/Itq 1BXf fYM�JyN k!/OhY d91 &dkt)C1k9 Author: Wheel Breuer NCCC(NOAA USDA 7 .; � . http: / /drou ghtmonitor.0 nl. odul 5/4/2015 Hone 015 I m D4 4915 1 01.04 99 ii W D4' 934 OS 60 4432 Cuaa9 lag HBek 015 %85 9911 93111 8660 It Pt amnPls 3MrAh, aqr 000 WOW %12 9131 1191 3221 r51Jrt Slal0 Cn .Y ®r 000 10000 90 12 94 34 i 29 91 3221 M>RPrd 94 of MMaYea 0W 1000010p.00 9504 8191 5911 Wwmw p YemAgr 90C 10000 %91 95.21 6918 2349 Intensify oe m�4,mairoy -O3smmeomupra O1 Ma]e,Me Ord jN _DI F+mdimflOm,gM Thl¢ O.QW NOMOI IWIMS 4 »Ma1.ek f09011N UX Bf COM4i0IN l)Ny VBry SBF BLCGMpaN/Itq 1BXf fYM�JyN k!/OhY d91 &dkt)C1k9 Author: Wheel Breuer NCCC(NOAA USDA 7 .; � . http: / /drou ghtmonitor.0 nl. odul 5/4/2015 �r • 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 1'7, 2015 — SWRCB adopts expanded regulation • March 25, 2015 — SCVWD increases target to 30% • April 1, 2015 — Governor's Executive Order • April g, 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 Rules Currently in Effect corit 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 ti, ater- 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. • * San Jose ordinance restricts landscape irrigation to z days per week and outside the hours of 8 am and 8 pm 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 ,,vater 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. • Using outdoor irrigation during and 48 hours following measurable precipitation. s /a /zots • 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 ($,00 /day fines coordinated through municipalities) 5/4/2015 6 Taking Action 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 y Internal improvements 5/4/2015 Il )�, Frequent bill inserts Website updates Social media (YouTube, Twitter, Facebook) Community meetings r Conservation events (SJ Giants, SJSU Football) �, Landscape workshop Ramping up audits Y Reaching out to top customers Bascom Facility 5/4/2015 U r Follow the conservation rules /tips Y Evaluate rebate programs (valleywater.org) Spread the word to friends and family ➢ Schedule a Water Audit 408 - 279-7900 y conservation @sjwater.com 5/4/2015 Water Affordability • Less than a penny per gallon 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 • San Jose MHI - $82,687 (2010 Census) � 5/a /2015 10 aiue of 'Water ® Wine pmam Coffee Bottled Water Milk Gasoline 10 Water 0 5 10 g 20 25 30 35 40 45 $45 ms /gallon 5/4/2015 11 Per Capita Consumption *Gallons per capita Department of Water Resources Water Plan Update 2013 http://wcA�T.waterplan.water.ca.gov/docs/ cwpu2013 /Final /Vo13_Cho3_Urban WUE. pdf 5/4/2015 12 5/4 /2015 13 FY 2012 CCFs used: 999105 Average CCFs per month: 81259 FY 201:1 CCFs used: 111,066 Average CCFs per month: 95256 o Compared to FY12: +12 FY 2014 CCFs used: 85,234 Average CCFs per month: 7403 Compared to FY12: -14% Compared to FY13: -26% 5/4/2015 14 Campbell's Water Usage coat y $180,000 budget ➢ Approximately 11o,000 CCFs 70% of water usage is outdoor use ➢ 80% landscape use (turf) 5/4(2035 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 5/4/2016 16 Turf Conversion y Removing passive /aesthetic turf areas Conversion to less water - intensive landscaped areas Y Jack Fischer Park - Abbott Avenue Y Consideration of additional sites El 5/4/2015 ON r Restrictions The potable water use restrictions state that it shall be unlawful to make any of the following uses of potable water: P-Water waste, consisting of flooding or runoff on sidewalks or gutters ts 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 No Water waste due to broken or defective plumbing, sprinkler, watering or irrigation systems Po-Single-pass cooling systems installed after the effective date of the chapter 5/4/2015 18 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. Y Cleaning of sidewalks, driveways, patios, or other paved /hard- surfaced areas. y Washing cars, buses, boats or other vehicles without a positive automatic shutdown valve on the end of hose. r Operation of decorative fountains, except for maintenance purpose. 5/4/2015 19 i= Potable Water Use Restrictions Municipal Code: Is there a need for an update or revision? Y Council Discussion — Q and A 5/4/2015 20 �C M N' 0 b