Attachment 21 a .
ORDINANCE 2239
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 enacting 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 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;
ATTACHMENT
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 exists
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, 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 9:00 p.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).
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 May 5, 2015.
COUNCIL MEMBERS:
AYES: Steve Leonardis, Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Marcia Jensen
NAYS:
ABSENT:
ABSTAIN
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA