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Staff Report1pW N OF ��S 6A�pS DATE COUNCIL AGENDA REPORT JUNE 9, 2015 TO: MAYOR AND TOWN COUNCIL FROM: LES WHITE, INTERIM TOWN MAN MEETING DATE: 06/16/15 ITEM NO: 15 SUBJECT: WATER CONSERVATION A. EXTEND THE WATER CONSERVATION URGENCY ORDINANCE FOR TEN MONTHS, FIFTEEN DAYS B. REVIEW OPTIONS AND PROVIDE DIRECTION ON WATER USE REDUCTION IN TOWN PARKS RECOMMENDATION: It is recommended that the Town Council: 1. Extend the water conservation urgency ordinance for ten months, fifteen days. 2. Review options and provide direction on water use reductions in Town parks. BACKGROUND: This item provides additional information as requested by the Town Council at the June 2, 2015 Council meeting. Attachments 1 -4 were previously provided with the June 2 meeting materials. DISCUSSION: Conservation Requirements Attachment 5 provides a matrix of conservation requirements from the California Department of Water Resources, San Jose Water Company (SJWC), and the Town's Urgency Ordinance and the previously proposed permanent ordinance. The Santa Clara Valley Water District ( SCVWD) does not have conservation requirements, but is a leader in setting a 30% target and in providing outreach and information on conservation, including tips and ideas. The SCVWD provided the model ordinance as the basis for the proposed permanent ordinance. Other local agencies have set these municipal conservation goals: Sunnyvale 30% Morgan Hill 30% Los Gatos 25% "Jose3,01/. Mountain View 16% Campbell 30% PREPARED BY: MATT MORLEY 74//-- Director of Parks and Public Works Reviewed by: Town Manager vub Town Attorney KflAFinance PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: WATER CONSERVATION JUNE 9, 2015 DISCUSSION (eont'd): An urgency ordinance as adopted by the Council on May 5, 2015 provides for immediate action on the subject, but expires after 45 days. The Council has the option of renewing the ordinance for 10 months and 15 days (for a total of 1 year). Alternatively, the Council could extend the ordinance for 22 months and 15 days (for a total of three years). The ordinance will expire at the end of three years or at any point the Council decides not to extend it or to rescind it. Town Activities As discussed with the Council at the May 5, 2015 Council meeting, Town staff has implemented measures to reduce water use Town wide. Starting with outreach efforts, the Town website contains information on the drought and how it affects residents. The information is posted on the Town's home page and provides helpful information as well as links to both the SCV WD and SJWC websites, where additional information is also available. The main focus in municipal activities continues to be irrigation as the heaviest source of water use. SJWC produces bills bi- monthly, so it will be several months before the full impact of these measures are known. Staff will continue to report on drought activities on a regular basis as billing cycles and actual reduction rates become available. Attachment 6 provides illustrations of staff plans for each park, as described at the May 5, 2015 meeting. This plan is designed to allow for the scaling of conservation levels to achieve the desired goal, while retaining usable turf in most areas of the parks. Areas designated by the number "1" will not receive irrigation. These areas have been identified as less significant turf areas in each park. Areas identified with a number "2" on the diagram will receive limited water. The water schedule will be monitored and adjusted to keep the turf alive, but there will be larger areas of yellow or brown grass. Areas designated with a number "3" on the diagrams will receive slightly more water to keep them usable. There may be areas of yellowing, but the goal will be to retain these as usable turf areas. This plan aligns with current park infrastructure such as water valves which makes the scheduling feasible without change to that infrastructure. This plan is designed to achieve an overall water conservation level in excess of 25 %. At some parks, the savings will be substantially more. At others, substantially less, based on expected park use through the summer. The early effect of this model can already be seen on the turf at various parks. The areas designated by the number "2" on the maps are receiving the prescribed two days a week of water. With the recent heat, this is taxing the turf and staff recently increased the water time by ten minutes per location. To significantly increase the amount of green turf will require increasing the water levels to more than twice a week. At the recommendation of Council at the June 2, 2015 Council meeting, staff has engaged the Parks Commission in outreach efforts. This will include the posting of signs describing the efforts the Town is undergoing and explaining what the park users can expect in terms of turf PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: WATER CONSERVATION JUNE 9, 2015 DISCUSSION (cont'd)• condition. Staff has also asked the Commissioners to make contact with park users to explain verbally the drought efforts. Staff has also pursued several other ideas that came up during the Council meeting. One of those is the trucking in of recycled water for irrigation. This could be done for median islands and these areas would need watering two to four times per month, depending on the maturity of the plants. The cost for the water transport would equal about $800 per day and would require a day of Town staff time to do the watering. This is a labor intensive endeavor where the potable water is in place and efficient, but it would demonstrate a higher level of commitment by the Town. There is also the potential for doing the same for turf areas at parks. The application method would be through a sprayer attachment on a water truck, typically used for dust control on construction projects. This delivers a large amount of water at a time, which is less efficient as it does not provide for absorption by the turf. In some parks this is a feasible solution, mostly where there is a road alongside the park. In other areas the application could be by hose. This is very labor intensive, which increases the costs. A variation on this solution might include the irrigation by recycled water where the park turf can be reached from the street, with a supplement by potable water to catch hard to reach areas. There are five locations where this model could work and staff estimates it will take two days to complete the watering at each park. The calculation for the cost is outlined here: Five parks x 2 days to water them x 2 times per week = 4 watering days per week x $800 per day =$ 3,200 per week x 16 weeks = $51,200 Staff does not recommend this solution for the following reasons: • Watering around park users can be challenging. • Water trucks may have limited availability during the summer where the construction industry is active. • Water application in large quantities at once is not an effective way to water turf. • Watering by hose from a large water truck is inefficient and expensive. If the Council would like to pursue this option, staff recommends conducting this as supplemental to the existing irrigation plan or as a pilot for staff to explore ways to overcome the associated challenges. Given the variables, staff recommends the Council provide direction in the following categories, with staff working under those guidelines to meet a desired outcome: 1. Continuation of no water for the areas marked as a number 1 on the park irrigation plans, as attached. PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: WATER CONSERVATION JUNE 9, 2015 DISCUSSION (cont'd): 2. The level of green turf the Council desires from each park in comparison with the current levels. The direction could be that the current level is appropriate or alternatively, that the Council desires more green turf areas. 3. The use of recycled water for turf areas in the parks. This could be fi-amed in frequency or expenditure amounts. 4. Overall water savings target the Council wishes to achieve through the above actions (25 %, 30 %, 40 %, or other). CONCLUSION: Staff recommends that the Council extend the urgency ordinance for a period of 10 months and 15 days and that the Council provide direction on watering levels for park turf. ALTERNATIVES: The Council could extend the urgency ordinance for a period of 22 months and 15 days. The Council could adopt the permanent ordinance as provided at the June 2, 2015 meeting. COORDINATION: This report has been coordinated with the Town Attorney, ENVIRONMENTAL ASSESSMENT: The Town Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; rather it prevents changes in the environment by imposing mandatory conservation regulations and associated penalties to protect and preserve the City's water resources during the current drought conditions. Further, the adoption of this ordinance is categorically exempt under CEQA Guidelines Section 15308 for actions taken by regulatory agencies to ensure the protection of the environment and Section 15061(b)(3) because the City Council can see with certainty that there is no possibility the adoption of this ordinance will have a significant effect on the environment. Further, the Town finds that this Ordinance and actions taken hereafter pursuant to this Ordinance are exempt from the California Environmental Quality Act as specific actions necessary to prevent or mitigate an emergency pursuant to Public Resources Code Section 21080(b)(4) and the California Environmental Quality Act Guidelines Section 15269(c). The Town Clerk is hereby authorized and directed to file a Notice of Exemption as soon as possible following adoption of this Ordinance. PAGE 5 MAYOR AND TOWN COUNCIL SUBJECT: WATER CONSERVATION JUNE 9, 2015 FISCAL IMPACT: There are no further fiscal impacts from this action. Attachments 1 -3 (Previously received with Staff Report on May 28 2015): 1. Staff report from May 5, 2015 Council meeting including Attachments and Addendum 2. Draft Urgency Ordinance Adopted at the May 5, 2015 Council Meeting 3. Draft Ordinance adding Town Code Chapter 27 Article VI Attachment 4 (Previously received with Desk Item on June 2 2015): 4. Public Comment received from 11:01 a.m. Thursday, May 28, 2015 through 11:00 a.m. Tuesday, June 2, 2015. Attachments received with this Staff Report: 5. Multi Jurisdiction Conservation Requirements 6. Los Gatos Park Irrigation Maps 7. Public Comment received from 11:01 a.m. Tuesday, June 2, 2015 through 11:00 a.m. Thursday, June 11, 2015. x z 6 Drought Requirements by Jurisdiction Los Gatos Regulations State SJ Water Urgency Permanent 1120% Mandatory Reduction X X X Option 2125% Local Reduction X Option 3 30% Local Reduction X Option 4 Increase Rates X 5 Using potable water to irrigate ornamental turf on public street medians X X 6 Using portable water to irrigate landscapes of new homes & buildings other than by drip or microspray X X X Escalates 7 Using outdoor irrigation during & 48 hours following measurable precipitation X X X 8 Using potable water in decorative water features that do not recirculate the water X X X X 9 Using hoses with no shutoff nozzles to wash vehicles X X X Escalates 10 Runoff when irrigating with potable water X X X X 11 Using potable water to wash sidewalks & driveways X X X Escalates 12 Hotels and Motels must provide guests with the option of not having towels & linens laundered daily X X X 13 Restaurants and other food service establishments can only serve water to customers on request X X X X 14 Repairs within 5 days X 15 Repairs within 10 days Escalates Los Gatos Regulations State SJ Water Urgency Permanent Use of water for watering streets with trucks, except for initial wash -down for construction purposes (if street sweeping is not feasible), or 16 to protect the health and safety of the public X Use of water for construction purposes, such as consolidation of backfill, dust control, or other uses unless no other source of water or other 17 method can be used. X 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 18 other water - dependent industries X Use of water for watering outside plants and turf areas using a hand -held hose without a positive 19 shut -off valve. Use of water for the filling or refilling of swimming 20 pools X Escalates Prohibit Watering with automatic sprinklers 21 between 5am and 9pm X 22 No Watering between 10 am and 5 pm X 23 Limit Watering Days Escalates 24 Limit Watering Duration Escalates 25 No single pass cooling systems X 26 Car wash must recirculate water X Restaurants must use wlow flow dish spray 27 valves X y z z rn BACHMAN PARK IRRIGATION ZONES No BELGATOS PARK IRRIGATION ZONES - r"Sm ^♦.'I ii fl rl,i.F:'lP9Fd _ _ u+r I !:' tC4(. 4904 h' t n<Jfy / � S , � -.,"i 'y ✓,F r 4� 1 c t r �IFF .+�!PtiV .. 'P+• �T� /'b , +. i t jr r BLOSSOM HILL PARK IRRIGATION ZONES 0171 roT TrGALE 3 n LA RINCONADA PARK IRRIGATION ZONES SCALE i4 LIVE OAK MANOR PARK IRRIGATION ZONES n a T.. -t` �` ��� f � a ���bA. ` '4 Y3f'd'•µ'i1 fi Y , `�� �_ ' i w :� HMI wry., u. ♦� yFf ��q�{� gM•F.�r R r yqy d �y loll u ® OAK HILL PLAY LOT IRRIGATION ZONES NOT TO SCALE �.y Tea:' ,� ' ��' •x F a� .i, ice` � � - i�4 ,%�� / ..�•�' l9 p CI�rN C . 4 } '' l ' i ro , �+ .;c .cs'°' °..,- 'y.,.!"�,✓'Fr>i, 'rt,� .tiff• Y{y :z - ,' 13 t j{RSd F ri Y: C � i:x a.r. � f�b' � '{• /'•LS F .�� lGfyy l j,�.. } F.:�"� FAA Fl y F A a x F ' 11 - ft t a f' .�• t� y f Y �`4� Iv �S llr ti � a 1 ♦a� T'"YYyi OAK MEADOW PARK IRRIGATION ZONES Lb NOT TO SCALE From: Handrsi [mnilm:hnndrsitb?aol com] Sent: Wednesday, June 10, 2015 8:25 AM To: a n inoileN ailos atos Gov; bonjourgary a =aol com; h Town Manager; Council; Marico Sayre; Rob Rennie; BSpector; Steven Leonardis; Steve Regan; Marcia Jensen Subject: Bachman park /neighbors demand immediate resoration of water I appreciate that you are looking into the recycled water available, and urge you to proceed. But this research should have been done prior to the cessation of the water to the Bachman park . You have had adequate time with drought increasing over the past 4 years to investigate recycled water and plan water management to avoid damaging infrastructure. At this point you have an immediate need for water to prevent death of the grass roots that must be corrected.Your actions as council and park staff has not been in the public interest and has damaged public property, property values , created a fire hazard and will take more capital funds to undo than it would to water the area. YOU HAVE THE CONTROL, YOU HAVE THE ABILITY TO TURN THE WATER ON. I SUGGEST THAT YOU TURN OFF 100% WATER 1/2 of TO TOWN CENTER UNTIL THE NEXT COUNCIL MEETING, and DIVERT THE WATER TO SAVE THE BACHMAN PARK. THAT WOULD LEAVE TOWN CENTER UN WATERED 7 DAYS. YOU HAVE HAD THE WATER TURNED OFF TO 1/2 THE PARK FOR OVER 35 DAYS. The records of the San Jose WaterDepartment for the Bachman Park showed that you have cut the park water 66% over last May's amount. 336 units decreased to 112 units. This is outrageous. Act in good faith and get the problem corrected today. It is in the record that this problem has been brought to your attention. Nothing short of immediately implementing a 2 day week water schedule to save the rass roots is adequate, you may pick the water source. The town has been irresponsible and reckless in managing this precious resource. Your decisions although some of you were well intentioned are based on false information, Town residents do not consider this park lightly used and think replacing the grass with drought tolerant plants WOULD PERMANENTLY AFFECT USE OF THE PARK. The public was not involved in these decisions. This park has been a part of our neighborhood 50 years. It deserves priority over recent additions that are using up water the town did not have to install. If the town had been up front and informed residents of the intent to turn of the park water, we could have solved this issue without damaging the park infrastructure and allowed public input about alternatives and sources to resolve the problem . We are a resourceful group of people. Lets use are people power to solve the problem. Watering the park now is necessary until your water conservation plan including use of recycled water plan can be improved and is equitable to all residents. Please consider this a formal notice that the Bachman Park Citizen Group wishes to be on the Agenda and address our concerns to the Council on June 16th . We expect to be alloted time of 10 minutes and have the right to present out information. ATTACHMENT From: Handrsi [mailto:handrsi(olaol.com] Sent: Wednesday, June 10, 2015 10:55 PM To: ioeterson @community- newsoaper.com; handrsi(aaol.com; kpaisley(a)verizen.net; mriah.bound(a)gmail.co; tofodor(aamail.com; david.cox@comcast.net; tsobrato(o)icloud.com; Council; Marcia Jensen; BSpector; sleonadis@losgatosca.00v; Marico Sayoc; Rob Rennie; Town Manager Subject: Citizens to save Bachman Park, Los Gatos Please place this in letters from residents and call me if you want more information. Los Gatos residents are petitioning the town to either resume 2x week water, or truck in recycled water to sustain the park grass roots through the summer months. Los Gatos Town Council in over zealous effort to conserve water past the Urgency Water Ordinance May 5,2015 without public input, environmental impact report or a well controlled plan of action. This allowed Park department descretion to stop water to several parks which the staff deemed less used. The effect was an immediate cessation of 100% of water to 1/2 of Bachman Park with intent to let the lawn of the 50 yr old park ,a valuable town asset die. They cut the water even though the Parks and Councils own Documents summary indicates the town already met a 25% reduction of water to its 10 Park system by the end of 2014 compared to 2013. 25% meets the Governors target for the State. Therefore, the Town itself had no urgent need for further saving . The San Jose Water District only has to meet 20% due to past conservation. We are a part of this district. The Los Gatos Park Department and town council jumped the gun documenting a ficticous need to go to 30 %. The Park department elected to cut off water for some parks and retain over watering others. It cut this parks water 66% for the Month of May2015, compared to May of 2014. 336 units, down to 112 as substantiated by San Jose Waters Conservation Manager, Kurt Elvert. In the mean time, the Town Council and Parks Department kept watering the Town Center and Town Plaza 3 days week, because they hold summer music festivals on the lawn. Incidentily, the Plaza lawn was replace about 3 -4 x in the past 10 years, partly due to damage the chairs from the music festival cause. Over 70 residents have signed petitions opposing the cessation of the water to this park a " heavily used area , by area residents who walk, play with pets and children in this area" The Parks Department and Town approved $65,000 in drought line items which it states is mostly for low flow toilets, even though the report indicates most facilities in the town are already to flow toilets. Specially, there are no toilets in the park. The town has authorized $225,000 for park improvements without adequately surveying residents interests. The money is only ear marked for repaving the path and improving the lighting. None of the 70 residents signing the petition indicated a need for a repaved path or new lights as the park closes at dusk or 7pm. The residents do want equal treatment by the town, 2 days a week water like the other parks and median tree strips. We understand there is a drought and think the 25% state mandate should be the guide. We also discovered that recycled water is readily available through South Bay Recycling for municipalities and commercial entities. The cost is about $10 through San Jose Water's portable meters for truck load /per 3880 gallons in a tanker truck. There is a cost of about 4 hours at $85 hr for a driver , truck, fill time and delivery of water through San Jose Water Trucks. Total $14,000 over 20 weeks which takes us to December if needed. This is far less than the cost of the path, the lights, drought tolerant plants or the $65,000 for drought mitigation. The area is almost dead, no water for 35 days. Even though informed at the last council meeting of the severity of the problem, the council and the Park department have not budged and are still withholding all water. The resident's leading the petition drive urge ciitzens to email council at " council losgatosca.goy "which should be redistributed to the entire council. There will be a 2nd council meeting addressing Water Conservation Ordinances on June 16th at 7 pm and residents can attend at Town Hall Basement Level. At that time residents who sign a yellow card indicating desire to speak on the water conservation issue will be given opportunity to speak regarding Bachman Park. Currently, there are already secondary effects of the loss of water, the in dry grass is becoming a fire danger with the 4th of July approaching. When wet weather hits the hill side there will be no lawn to hold the hill. No environmental impact was done slides and erosion are likely. The adjacent large trees may also die. If we do not speakup immediately and get the town to change course, irreversible damage to the treasured town parks infrastructure will occur. This will be the last time the council acts until August by then the Park as we know it will be gone forever. The Park department admits their intention is to never repair or replace the lawn. The town has had 4 years to prepare for drought and become knowledgeable about the use of recycled water and sources to save our expensive infrastructure with prudent water management . They have had time to install a run off water tank and pump in the park to hold the creek water for later use . Still at this point, the park can be saved with conservation efforts , it does not have to be lost to future generations. With residents unable to preserve green space at home, public green space for serenity and play become more important. Using recycled water will help recharge our aquafers as it trickles down it becomes more potable drinking water. it is a win now and later. Those interested may also contact the author Sara Walker at handrsiCa)aol.com It is im