Staff ReportPREPARED BY: MATT MORLEY
DIRECTOR OF PARKS AND PUBLIC WORKS
Reviewed by: Assistant Town Manager Town Attorney Finance
S:\COUNCIL REPORTS\2016\5-3-16\Water ConservationStaff Report - Water_Conservation FINAL.docx 4/28/2016 10:22 AM
MEETING DATE: 05/03/16
ITEM NO: 8
COUNCIL AGENDA REPORT
DATE: APRIL 21, 2016
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: ADOPT AN INTERIM URGENCY ORDINANCE OF THE TOWN OF LOS GATOS
EXTENDING URGENCY ORDINANCE NO. 2239 UNTIL AND THROUGH MAY 3,
2017, FURTHER DECLARING THE EXISTENCE OF A CONDITION OF WATER
SHORTAGE AND PROVIDING FOR MANDATORY REDUCTIONS IN AND
SPECIFIED PROHIBITIONS OF WATER USE, SUBJECT TO MODIFICATION AND
ENFORCEMENT LEVELS PROVIDED BY THE STATE AND LOCAL AGENCIES
RECOMMENDATION:
Adopt an interim urgency ordinance (Attachment 1) extending the water conservation urgency ordinance
No. 2239 (Attachment 2) until and through May 4, 2017, further declaring the existence of a condition
of water shortage and providing for mandatory reductions in and specified prohibitions of water use,
subject to modification and enforcement levels provided by the State and local agencies.
BACKGROUND:
At its May 5, 2015 meeting, the Town Council adopted a 45-day urgency ordinance on water
conservation (Attachment 2). Subsequently, on June 16, 2015 the Council extended the ordinance for a
period of 10 months and 15 days (for a total of one year). The urgency ordinance provided a mechanism
for the Town to set water conservation targets, prohibit certain uses of water, and provide enforcement
where water waste is occurring. An urgency ordinance can be extended for a period of up to two years.
In 2015, the State had provided guidance on water conservation levels with the Governor asking for a
25% Statewide saving level. Locally, the Santa Clara Valley Water District and San Jose Water had
asked for 30% savings. The Council adopted the statewide saving level of 25%.
DISCUSSION:
The winter rainy season has resulted in some relief from the drought conditions experienced Statewide
over the last several years. A number of areas of concern remain, including the potential for future years
of drought as well as a ground water basin that has not recovered from the current drought even with the
wet winter.
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: WATER CONSERVATION
APRIL 21, 2016
DISCUSSION (cont’d):
In February, the State Water Resources Control Board (SWRCB) extended emergency regulations
through October in anticipation of continued conservation needs. The SWRCB may provide further
guidance and targets later this spring. The Town’s current urgency ordinance expires on May 4, 2016
with Council action necessary to extend the ordinance. Extension of the ordinance will allow for
continued enforcement of drought related regulations. Extension of the ordinance through May 4, 2017
will reach the maximum of two years allowed for urgency ordinances by the California Government
Code.
Should the SWRCB loosen restrictions on water use, the Town may consider that guidance and provide
enforcement based on those criteria.
CONCLUSION:
Extend the water conservation urgency ordinance No. 2239 until and through May 4, 2017, further
declaring the existence of a condition of water shortage and providing for mandatory reductions in and
specified prohibitions of water use, subject to modification and enforcement levels provided by the State
and local agencies.
ALTERNATIVES:
The Council could extend the urgency ordinance for a shorter period of time or not extend the ordinance.
Staff has not recommended these alternatives as continuing water conservation efforts for an additional
period of twelve months will benefit the region’s water supply. Allowing the urgency ordinance to lapse
will preclude options for enforcement over the next year.
COORDINATION:
This report has been coordinated with the Town Attorney and the Community Development Department
including the Code Enforcement Division.
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
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: WATER CONSERVATION
APRIL 21, 2016
ENVIRONMENTAL ASSESSMENT (cont’d):
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.
FISCAL IMPACT:
There are no further fiscal impacts from this action.
Attachments:
1. Draft Ordinance – Extending Urgency Ordinance 2239
2. Ordinance 2239 – Urgency Ordinance Adopted May 5, 2015
DRAFT
ORDINANCE
URGENCY ORDINANCE OF THE TOWN OF LOS GATOS EXTENDING
ORDINANCE 2239 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, State Water Resources Control Board regulations required 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, on February 2, 2016, the State Water Resources Control Board adopted
extended regulations for water conservation; and,
WHEREAS, the drought has had a substantial impact on Town residents and their
propert y, and these impacts may worsen if water consumption is not reduced substantially; and ,
WHEREAS, the Town's future water allocation is likel y to be reduced significantly if
water consumption is not reduced now; and,
WHEREAS, the Town Council adopted Ordinance 2239 on May 5, 2015 for a period of 45
days and further extended the Ordinance on June 16, 2015 for a period of 10 months and 15 days;
and,
WHEREAS, the drought is anticipated to have a continued impact on the Town’s water
supply,
ATTACHMENT 1
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 find s 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 continues to exist
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 i s necessary to preserve the health and safety of the people of Los Gatos.
SECTION III
A. The following uses of water are classified as "nonessen tial 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 dispen ses 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 u se 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 9:00p.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 administrati ve 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 thi s ordinance is for an y
reason held to be unconstitutional or otherwise invalid by the deci sion of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of t his
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 3, 2016.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
C LERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA