CITY COUNCIL STAFF REPORT
Meeting: July 7, 2022
Subject
Consider an update on drought conditions and the City of Cupertino’s ongoing water conservation measures for City operations and provide input on potential further water conservation measures.
Recommended Action
Staff recommends that Council take the following action:
1) Receive staff presentation on continued drought conditions; and 2) Provide input to staff on implemented water conservation restrictions for City operations.
Background
The State of California, including Santa Clara County (County), is in its third consecutive year of a drought. The May 2022 U.S. Drought Monitor reports that most of the County is now in a situation of “Severe” drought. The year 2021 was the third driest year on record and the driest since 1977. In addition, the combination of 2020 and 2021 were the second driest back-to-back years on record. Local watershed runoff in the County has been substantially limited since 2019 due to extremely dry conditions. As a result, Santa Clara Valley Water District’s (Valley Water) current local surface water storage is at 26 percent.
In addition to the low reservoir storage and imported water allocations, Valley Water is impacted by the unavailability of Anderson Reservoir as a surface water storage facility for the duration of the Anderson Dam Seismic Retrofit Project, which is expected to last 10 years. Anderson Reservoir was drained in 2020 for public health and safety reasons, as ordered by the Federal Energy Regulatory Commission. Anderson Reservoir is Valley Water’s largest surface water reservoir and holds more water than all of Valley Water’s other nine surface water reservoirs combined.
The availability of Coyote Reservoir, Valley Water’s second largest reservoir, is also limited because of the California Department of Water Resources, Division of Safety of Dams storage limits. The unavailability of Anderson Reservoir and limited availability of Coyote Reservoir significantly limit Valley Water’s ability to store water locally for groundwater recharge and use at Valley Water’s three water treatment plants.
Half of the County’s water supply comes from outside the County, and with Sierra Nevada snowpack at zero percent, a significant reduction in the amount of imported water will be received this year. Valley Water is addressing this shortfall by working to withdraw previously banked supplies and by purchasing emergency water from partners outside the County as well as increasing water conservation messaging and programs.
Groundwater storage has been declining but is currently within normal levels. However, this may drop rapidly due to limited recharge and increased pumping due to drought conditions. Using groundwater as a majority supply is an option, however, it would greatly increase the risk of land subsidence in northern Santa Clara County and could cause salt-water intrusion into the aquifer.
On June 9, 2021, Valley Water held a special meeting to discuss the drought condition. They considered a resolution declaring a water shortage emergency condition within the County and a call for retailers to achieve a water use reduction target equal to 15 percent of 2019 water use (33 percent of 2013 water use.) The resolution passed unanimously. However, through March of this year, only 3% savings has been achieved compared to 2019, so increased efforts are needed. In fact, this March, the County used 30% more water than in March 2019. In order to meet the reduction target, Valley Water has enacted Stage 3 of their Water Shortage Contingency Plan.
Completed Regulatory Actions
The State, Valley Water and the two urban water suppliers in Cupertino are collectively responding to this emergency. Below is a chronological summary of actions completed:
April 21, 2021, the Governor issued a proclamation directing State agencies to take immediate action to bolster drought resilience and prepare for impacts on communities, businesses, and ecosystems, and proclaiming a State of Emergency to exist in Mendocino and Sonoma counties due to severe drought conditions in the Russian River Watershed May 10, 2021 - the Governor expanded the drought proclamation to 41 counties, including Alameda County. However, Santa Clara County was not included at that time May 25, 2021 - the US Drought Monitor report indicated Santa Clara County to be in Extreme Drought stage June 9, 2021 – Valley Water held a special meeting to discuss the drought and approved a resolution to declare a water shortage emergency condition June 14, 2021 – California Water Services (CWS) filed updated versions of Rule 14.1 and their Water Shortage Contingency Plan (WSCP) with California Public Utilities Commission (CPUC) and requested implementation of Stage 1 of the WSCP June 18, 2021 – San Jose Water (SJW) Company filed Advice Letters 563 and 564 with CPUC June 22, 2021 – The County adopted a Resolution ratifying the proclamation of a local emergency due to the drought July 8, 2021 – The Governor issued an Executive Order and called on Californians to voluntarily reduce water use by 15% compared to 2020 levels July 18, 2021 - Stage 1 of the Water Shortage Contingency Plan becomes effective for CWS October 15, 2021 – SJW filed Advice Letter 569 requesting authorization to implement Schedule 14.1 (drought surcharges) October 20, 2021 – CWS files with the CPUC for implementation of Stage 2 of the Water Shortage Contingency Plan December 13, 2021 – SJW implemented Schedule 14.1.
December 14, 2021 – Stage 2 of the Water Shortage Contingency Plan becomes effective for CWS January 18, 2022 - the State’s water conservation emergency regulation became effective. It will remain in effect for one year from the effective date, unless the State Water Board acts to end, modify, or readopt it April 12, 2022 – Valley Water’s call for no more than two days of irrigation in a week for lawns and ornamental landscapes and prohibit excessive runoff and midday irrigation May 24, 2022 – Valley Water considers an ordinance to enforce outdoor water use restrictions The City of Cupertino relies on water retailers regulated by the CPUC, SJW and CWSs, to deliver the services. The water retailers water conservation measures enforce those restrictions. San Jose Water and CWSs have conducted extensive outreach to the residents to inform them about the water restrictions.
Discussion
City Operations
The City has a long history of conserving water across its operations, leading by example through its practices, and encouraging businesses, residents, and schools to do the same. Upon Valley Water’s June 2021 call to conserve 15% of 2019 levels, staff implemented water conservation restriction measures for City facilities similar to the drought in 2015.
Based on the current restrictions imposed by Valley Water, City Municipal Operations are currently at Stage 4 of water conservation measures (Attachment A.) Under the Stage 4 measures, the City will follow the guidelines shown below:
Reduce water programming for all outside irrigation for trees/shrubs, having them be at a minimum according to the conservation amount.
No watering of turf used passively.
Limited watering (consistent with two days/week watering or similar) of turf areas used intermittingly at City permitted events.
A minimum of 20 percent reduced watering of turf areas by City or school recreation events.
No operation of the interactive fountain at Community Hall.
No water used to clean asphalt areas/sidewalks/plaza areas.
Water used for street sweeping to be minimized while complying with Santa Clara Valley Air Board requirements.
In order to achieve the largest reduction, the City is focusing on restricting water use across parks, sports fields, and school sites. The City has adjusted the irrigation schedule to two days a week at areas of turf programmed by the Parks and Recreation Department and at sport fields to generally stay green. The non-programmed turf areas are not watered and allowed to significantly change with the occurrence of warm weather.
Additional water conservation measures focus on replacing the existing irrigation controllers with smart controllers, which allows the system to perform irrigation efficiently and reduce water waste. To date, the City’s Grounds Division has replaced 33 of 48 irrigation controllers with smart controllers. The Trees and Right of Way (ROW) Division has installed a total of 45 smart controllers. The controllers are capable of performing evapotranspiration (ET) adjustments, shutting off on high flow alert, and during rain events. For instance, after rainfall events, staff is able to log in remotely to access the controllers via an app to turn off all the controllers if needed.
Based on the City’s water conservation efforts at City facilities, the City has reduced an estimated 6% below the 2019 consumption. Although water saving is less than the desired percentage reduction, the City is continuing to look for opportunities to decrease water consumption. The majority of the street medians have been converted to drip irrigation and indoor water equipment has been upgraded to low water usage since the previous drought in 2015, there are minimal additional changes that can be implemented to increase water savings.
The City of Cupertino promotes and provides matching rebates for property owners who apply for incentives provided by Valley Water and the two water retailers. Since 2019, Cupertino property owners have utilized incentives to install 115,102 square feet of drought-tolerant landscapes, 20 rain barrels, 93 weather-based irrigation controllers, and two rain cisterns.
Below is a summary of the rebates that Cupertino property owners have successfully received in exchange for water reduction investments on their property in the last year.
Cupertino Participation in Valley Water Conservation Programs 2019
2020
2021
2022*
eCart (no-cost water efficiency equipment such as aerators) 2 2
304
184
Greywater System Rebates
0 0
3 1
Water Wise Outdoor Surveys
0 0
1 1
Submeters
0 0
0 0
Irrigation Equipment Rebates
27 27
17 4
Landscape Conversion Participants
10 24
35 34
Weather-Based Irrigation Controllers
26 26
24 17
*2022 data is year-to-date as of May 15
Water Retailers
City staff has been in discussion with both water retailers, SJW and CWSs, regarding the drought restrictions in their respective agency. Currently, SJW and CWS has implemented Stage 3 and Stage 2, respectively, of their Water Shortage Contingency Plan. Like the drought in 2015, the current restrictions center on outdoor water usage, which typically accounts for the majority of the residential customer’s consumption. However, the restriction measures can escalate over time such as drought surcharges and enforcement actions if the drought worsens.
Beginning December 13, 2021, SJW implemented its CPUC-approved mandatory conservation plan. This plan differs from the previous efforts in 2015 in that individual usage is the focus as opposed to blanket allocations. Customer monthly allocations are based on a 15% reduction of their individual 2019 usage. By having minimum allocations, it also takes into consideration “super savers,” and does not require those customers who use less than six centum cubic feet (CCF) per month to reduce further. Customers who exceed their allocations receive a drought surcharge for each unit of water over. The per unit surcharge is the Tier 3 rate for water, currently $7.13. An appeals process is available.
In Cupertino, enforcement of these regulations is the primary responsibility of Valley Water, SJWC and CWS. For instance, CWS will perform the following actions for non-compliance with water use restrictions:
First offense – customer notification
Second offense – $50 penalty
Third offense – $100 penalty*
Fourth offense – installation of flow-restricting device Egregious violations – installation of flow-restricting device *CWS must verify non-compliance to assess a penalty from the second offense forward.
The water retailers and Valley Water are emphasizing quick and effective ways to reduce water consumption in the short term, providing conservation tips and promoting rebates/incentives to residents which can be accessed through the retailer’s websites. All residents/businesses should be conscientious about the drought and are encouraged to always conserve and use water wisely. More permanent measures such as landscape conversions are also encouraged to conserve water to meet future water demands for consumption and fire protection.
Online Resources
Water conservation information can be found through the following websites:
City of Cupertino
https://www.cupertino.org/our-city/departments/environment-sustainability/water/water-conservation Valley Water
https://www.valleywater.org/water-conservation-programs https://www.valleywater.org/watersavingsorg
San Jose Water Company
https://www.sjwater.com/drought
https://www.sjwater.com/conservation
https://www.sjwater.com/customer-care/help-information/rebates-incentives California Water Service
https://www.calwater.com/conservation/drought/
https://www.calwater.com/conservation/resources/
https://www.calwater.com/conservation-rebates/
Next Steps
Staff will work with Cupertino urban water suppliers and Valley Water to do outreach to community members, notifying them of new drought restrictions and associated tariffs.
Sustainability Impact
Actions taken to conserve water across the City’s municipal portfolio directly implement Cupertino’s Climate Action Plan Measure M-F-7: Conserve Water through Efficient Landscaping and enable the City to advance its emissions reduction goals arising from onsite water use. Further, these visible actions showcase the City’s commitment to protecting this diminished limited resource with the goal of spurring similar water conservation actions across the community, above and beyond minimum requirements.
Fiscal Impact
Staff will monitor water use and expenses and will provide a report in future drought updates. During the 2015 drought, the City browned out several landscaped areas to conserve water. Those areas have remained browned out through the present. _____________________________________
Prepared by: Jimmy Tan, Assistant Director of Public Works Reviewed by: Matt Morley, Director of Public Works
Reviewed and Approved for Submission by: Dianne Thompson, Acting City Manager Attachments:
A – City of Cupertino Water Conservation Restriction Measures for City Operations