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Addendum1 wM �F f VV � g G ►SOS COUNCIL AGENDA REPORT DATE: JUNE 15, 2015 MEETING DATE: 06/16/15 ITEM NO: 15 ADDENDUM TO: MAYOR AND TOWN COUNCIL FROM: LES WHITE, INTERIM TOWN MANAG I ��. 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 REMARKS: After the initial Staff Report was distributed on June 11, 2015, staff received inquiries from Council which are addressed below. Also provided in Attachment 8 is public communication, which was received after the Staff Report was distributed. Q: Is there a fire hazard from dead grass at Bachman Park? A: From staffs perspective, the grass will be short enough to not present a fire hazard. Q: How do our (watering) zones affect the trees? Are the trees on different water valves so they receive enough moisture regardless of the zone in which they lie? A: Established trees are seldom on our water systems. Once trees are a couple of years old, they are self - sufficient. When trees are adjacent to turf, they will get some of their water from irrigation as one source. The lack of turf water is not expected to have any detrimental effect on the trees. Q: I did not see Plaza Park discussed/explained. What are the numbers for that park? A: Plaza Park was discussed during the staff presentation on May 5, 2015. The plan that staff has put in place will allow for high use areas to continue to receive higher levels of water. Plaza Park was adjusted to remove the fountain from use and the lawn is receiving less water, and PREPARED BY: MATT MORLEY Director of Parks and Public Works Reviewed by: Assistant Town Manager C16rown Attorney Finance PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: WATER CONSERVATION JUNE 15, 2015 REMARKS (cont'd): although the entire park is a category 3, the grass will be kept mostly green. This is based on the heavy use at the park throughout the year, including activities that are hard on the turf such as Jazz in the Plazz and the foot traffic generated during the farmers market. Q: Council set aside $65,000 on May 5 for water expenses. Can the $51,200 for recycled water use for the twice a week watering of five parks come out of that set aside? A: Yes. Staff does not recommend this option as it is an inefficient and comparatively expensive solution, as identified in the staff memorandum. Q: Regarding the matrix comparing regulatory schemes of water agencies with Los Gatos: Numbers 23 and 24 limiting watering days and duration shows LG as "escalates." What are the regulations imposed/suggested by SJWC and SCVWD, if any? A: SJ Water currently mandates two days a week, aligned with the current escalation level for the permanent Los Gatos ordinance as proposed for the June 2, 2015 Council meeting. SJWC cannot issue citations and therefore manages restrictions through rates. The SCVWD cannot mandate, but recommends two days per week. Q: Los Gatos' proposed ordinance contains penalty provisions. Do either SJWC or SCVWD impose penalties - if so, what? A: Neither SJWC or SCVWD have the legal standing to issue citations and SCVWD has no enforcement ability. SJWC provides penalties through rates to residential customers, as described in the June 2, 2015 staff report. The SJWC rate structure has been approved by the PUC and takes effect on June 15. This provides for additional charges of $3.56 per unit of water used above the monthly allocation and $7.13 per unit of water used above the 2013 monthly average (see chart on page 3 of the May 25, 2015 Water Conservation Report). By adopting an ordinance, either urgency or permanent, the Town can become the enforcement entity through the issuance of citations. SJWC does not have a rate structure for properties other than single family residential, therefore all enforcement activities would fall to the Town through citations. 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. PAGE MAYOR AND TOWN COUNCIL SUBJECT: WATER CONSERVATION JUNE 15, 2015 REMARKS (cont'd): Attachments 5 -6 (Previously received with Staff Report on June 11, 2015): 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. Attachment received with this Addendum: 8. Public Comment received from 11:01 a.m. Thursday, June 11, 2015 through 11:00 a.m. Monday, June 15, 2015. THIS PAGE INTENTIONALLY LEFT BLANK RECEIVED ; ' 12 201 DATE: 6/12/2015 � -'C� V Z , T0-. MJENSON, MAYOR OF LOS GATOS TOWN COUNCIL FROM: SARA WALKER /SAVE BACHMAN RESIDENTS GROUP ACTIONS NEEDED BY BACHM.AN PARK AREA RESIDENTS: 1) immediately remove Bachman Turf area from Zone 1 plan for no water. Zone 2 acceptable. 2) Save the existing lawn root system by reestablishing 2x week water for landscape consisted with SCV WD recommendations either with sprinklers or reeveled water immediately to prevent loss of the lawn /trees and park infrastructure. 3) The residents wish the town to establish a plan for the towns use of recycled water to help keep landscapes green and reduce potable water use. We suggest you develop a working relationship with South Bay Recycling. Please obtain recycled water by all available means for Los Gatos Town at this time, and try to establish a system in the future for residents as well as the town to be able to use recycled water similar to that of San Ramon/ Contraeosta and Alameda Counties. 4) Ear mark funds to cover Bachman Park water needs from: general fund surplus, the $65,000 drought line item, or the $225,000 Bachman Park improvement fund to keep the grass /roots of the zone one section of the Park from dying immediately and make effort to repair the damage already caused by Council action. 5) Work with residents by mail, and public meetings at locations and at times chosen by the residents to get input and select priorities for the Parks management and improvement at Bachman Park. 6) Meet compliance only with State Water regulations, do not to exceed the mandate without public input. 7) Allow a committee of residents chosen by residents to meet with Park Dept regarding Planning any future changes. 8) Support heavy use of recycled water which will increase the water in our aquifers and notable water available for drinking. ATTACHMENT $ RECEIVED DATE: JUNE 12, 2015 f JUN 12 2015 TO: MJENSEN, MAYOR F LOS GATOS &-\Cl -1, dayt t FROM: SARA WALKER, BACHMAN PARK TOW COUNCIL TO CESSATION F WATER TO HE V THERPARK NTS GROUP OPPOSED BACHMAN PARK TALKING POINTS 1) NO PUBLIC INPUT TO AREAS THAT WERE SELECTED FOR NO WATER WHICH HAS LED TO DAMAGE OF INFRASTRUCTURE 2) PARKS DEPARTMENT REPORT MADE ERRONEOUS STATEMENTS AS IF FACT REGARDING, THIS '% PARK IS "A LITTLE USED AREA", " COULD BE CHANGED TO DROUGHT TOLERANT PLANTS WITHOUT AFFECTING USE OR FUNCTION OF THE PARK". WITHOUT SURVEY OF RESIDENTS NEEDS/USES. MY CONTACT WITH 100 RESIDENTS INDICATES THEY WANT IT TO REMAIN TURF NOT "DROUGHT TOLERANT PLANTS" 3) PARKS MISLED COUNCIL THAT 30% REDUCTION WAS REQUIRED, WHEN ONLY 25% IS NOW MANDATED BY THE STATE. 4) SINCE WE HAD ALREADY EXCEEDED THE STATES THEN 20 %, BY GOING TO 25% IN OUR TOWN PARKS AS OF Dec 2014 TOWN CHART, THERE WAS NOT "URGENCY" TO INCREASE CONSERVATION IN THE PARK WATER, AND NO REASON TO TURN OFF THE WATER WITHOUT PUBLIC INPUT. 5) OTHER ERRONEOUS STATEMENTS " SUGGESTED POSSIBLE FUTURE CHANGES TO THE TOWN PLAZA AND CENTER FOR ARTIFICIAL TURF WOULD BE UNACCEPATABLE TO THE TOWN IMAGE WITH NO INPUT FROM THE TOWN CITIZENS. 6) ua",# iv rAx rum NM TLEV WA'L'E BUT OUR PARK DEPARTMENT IDENTIFIED PRIORITY FOR "LO FLOW TOILETS" OVER SAVING TIIE PARK INFRASTRUCTURE,. 7) THE TOWN URGENCY ORDINANCE CONCEALED THE PARK DID NOT INFORM RESIDENT OF THIS PLAN OR A 2ND PLANNED SET OF CHANGES FOR THE PARK IN THE FALL WHICH HAVE BUDGET OF $225.000 FOR WHICH THE RESIDENTS WANT CONTROL OF THE CHOICES. 8) THE DISTRIBUTION OF WATER IS NOT EQUITABLE TO THE BACHMANT PARK RESIDENTS. THE TOWN REPORT INDICATES THE PLAZA AND TOWN CENTER WILL CONTINUE TO GET 3X WK WATER ,'% OF BACHMAN NONE. 9) SANTA CLARA VALLEY WATER AND SAN JOSE WATER LIMIT RESIDENTIAL WATER TO 2 DAYS WK. 10) THE TOWN CONTINUES TO USE POTABLE WATER ALL ITS STREET MEDIANS 2 X WEEK WHILE DESTROYING PUBLIC PARK LAND. 11) AND IMPROVING THE LIGHTING IDENTIFIED. All residents surveyed and who signed the Petitions ( 70 -100) are not concerned with the park path or improving the lighting. The park closes at 7pm or dusk and does not need more lighting. The Parks Department and Council are secretive about the plants chi. Residents want the funds if needed to keep the lawn green and to repair damage to the lawns, improve the watering system to the lawns. 12) The Parks report and approved 5/5/2015 emergency ordinace and chart to 2014 was 25 %. This is all that is required by the governor 2015 numbers should be 25% less than 2013. NO FURTHER WATER REDUCTION FROM THE PARKS WAS REQUIRED. SHUTTING DOWN THE PARK WITHOUT NEED USURPED RESIDENTS RIGHTS. Perhaps the other water to centers of streets would need to be decreased, but not parks. 13) THE ACTUAL WATER REDUCTION TO BACHMAN PARK FOR THE MONTH OF MAY OF 2015 WAS 66% ,ACTUAL NUMBERS FROM THE San Jose Water Conservation manager was 336 units May 2014, 112 units May 2015. 66% percent reduction was unnecessary. THIS IS FAR BEYOND THE 25% LEVEL THE GOVERNOR AND TOWN AUTHORIZED. This is in addition to 15% the previous year. 14) RECYCLED WATER IS AVAILABLE THROUGH SOUTH BAY RECYCLING TO MUNICIPALITIES AND COMMERCIAL ENTERPRISE. The water is cheap $1013880 gallons. IT CAN BE PICKED UP BY TANKER TRUCK FOR ABOUT $340 a load. Total cost for 2x wk for 10 week is $7000, for 20 week $14,000 for licensed bonded company like BAY AREA WATER TRUCKS. El 15) THE COST COULD BE OFFSET BY by taking 115 of the Drought mitigation fund ($65,000) approved by council or funds from the Capital improvement Fund for the Bachman Park ($225,000), GENERAL FUND SAVINGS. 16) THE DESCISION TO LET THE TURF GO DRY HAS CAUSED AN ENVIRONMENT INPACT FIRE DANGER IN A DENSELY POPULATED AREA CLOSE TO TOWN. 17) TREES MAY DIE/THE DE CISION TO LET THE TURF DIE. MAY 18) rr,r,i yr Kii,miuEivt.E,�, i+uKI- HEl{1N(i FUZE DANGER. Example: The town of Saratoga just bad to condemn their Heritage Oak in the town plaza because due to cessation of water the sap did not flow and it became infested with Beatles. This could have been prevented by keeping a low amount of water to the tree. SLOPE AND POTENTIAL LAND SLIDE HAS BEEN DONE. This is a sloped area subject to ground slide when saturated. Erosion will occur without proper drainage another cost. years to establish roots than it would to maintain the lawn. for the first 5 20) PEOPLE CANNOT WALK, PLAY OR SIT ON DROUGHT TOLERANT PLANTS, 21) 22) 23) 24) THE PROPERTY VALUES. A Green environment is promoted by the Town General Plan and advertised on the Parks and Public Works and Town Web site. vF 1 tiE t;l(EEN LANDSCAPE. Use includes visual appreciation not sports. 25) RESIDENTS ARE CONCERNED ABOUT THE IMMEDIATE AFFECT AND LOSS OF PROPERTY VALUES, ESPECIALLY WITH NO PLAN TO REPLACE THE TURF AND LACK OF INCLUSION IN PARK DEPT. PLANS. ( This in the long run affects the tax collected for town projects) 26) MANY OF THE RESIDENTS MOVED TO THE AREA TO BE ADJACENT TO THIS PARK, AND PUT HUNDREDS OF THOUSANDS OF DOLLARS INTO PROPERTY IMPROVEMNTS WHICH BENFIT THE TOWN 27) RESIDENTS ARE NOT HAPPY WITH THE MISMANAGEMENT OF TAX DOLLARS ALREADY PAID TO MAINTAIN PARKS AND INFRASTRUCTURE. THEY WANT THE TURF REPAIRED/MAINTAINED AND NOT REPLACED WITH ITEMS THEY DID NOT REQUEST. (LIGHTING/ PAVING) 28) WATER USE AT THE PART{ COULD BE MADE MORE EFFICIENT: IMPROVE COVERAGE ZONES, USE WATER RETENTION FERTILIZERS, PROPER AERATION, USE OF RECYCLED WATER( from tanker truck directly or by hose, or from a holding tank on the park) OR INSTALLATION OF A RUN OFF WATER CATCH SYSTEM FROM THE CREEK a,�l THIS PAGE INTENTIONALLY LEFT BLANK