DRAFT 4/26/22 RLM
1 A-ESD-150222/62324
Agenda:
Item:
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SUNNYVALE TO EXTEND THE DECLARATION OF A
STAGE 2 WATER SUPPLY SHORTAGE, CONTINUE TO
IMPLEMENT THE 15 PERCENT WATER REDUCTION
TARGET AND STAGE 2 WATER USE PROHIBITIONS
OUTLINED IN THE WATER SHORTAGE CONTINGENCY
PLAN, AND TO SET A MANDATORY WATERING
IRRIGATION SCHEDULE OF TWO DAYS PER WEEK.
WHEREAS, on June 29, 2021, the City of Sunnyvale’s response, pursuant to California Water Code Sections 10610-10656 and 10608, adopted the City of Sunnyvale’s 2020 Urban Water Management Plan (UWMP) and 2020 Water Shortage Contingency Plan (WSCP); and W H E R E A S , S e c t i o n 8 . 4 o f t h e U W M P r e q u i r e s t h e C i t y C o u n c i l t o a c t i n a t i m e l y manner to impose water use restrictions and regulations deemed necessary in a water supply emergency based on the relative severity of the current drought/water shortage condition and the implementation of any State mandated water use cutbacks; and WHEREAS, Section 8.4. of the UWMP empowers the City Council to determine the overall strategy and specific mix of voluntary and mandatory water consumption reduction measures to be implemented and to notify water service customers in accordance with the Brown Act; and
WHEREAS, on July 27, 2021, in response to actions taken by the Valley Water Board of Directors, the San Francisco Public Utilities Commission (SFPUC), and California Governor Gavin Newsom calling for water use reductions, the City Council adopted Resolution No. 1074-21 declaring a Stage 2 Water Supply Shortage, setting a 15 percent water reduction target for the City of Sunnyvale, implementing the Stage 2 Water Use Prohibitions Outlined in the Water Shortage Contingency Plan, and Setting a Maximum Three Days Per Week Irrigation Schedule; and
WHEREAS, California is in the midst of a third year drought and during January through March 2022, experienced one of the driest periods on record; and WHEREAS, many of the State’s reservoirs are below average levels and as a result the State Water Project is projected to substantially reduce anticipated deliveries to wholesale agencies like Valley Water, which provides 50% of the City’s water supply; and WHEREAS, the City also receives water from the SFPUC, which is not expected to have a full Water Bank this year and as of April 15, 2022, needed 598,000 acre-feet (195 billion gallons) to fill the entire system; and
Attachment 1
2 A-ESD-150222/62324
Council Agenda:
Item No.:
WHEREAS, on March 28, 2022, Governor Gavin Newsom issued an Executive Order strongly asserting the need to voluntary reduce water use by 15% compared to 2020 levels, by implementing local and state conservation requirements and directives to preserve existing supplies; and
WHEREAS, on April 12, 2022, Valley Water’s Board approved a resolution requesting that wate r pro viders i n Santa Cla ra Coun ty take neces s ary act ions to l imi t ir riga tion t o two days per week; and
WHEREAS, historical evidence indicates that the State of California has experienced prolonged periods of drought in the past, and the long-term health, safety, and prosperity of the community depends upon having a reliable supply of potable water; and WHEREAS, pursuant to the California Water Code and the City’s URMP, the City Council is authorized to prohibit nonessential use of water upon declaration of a water shortage emergency condition; and
WHEREAS, notice of the time and place of a public hearing on May 24, 2022, by the City Council was duly given pursuant to the Brown Act and all interested persons were given an opportunity to be heard concerning the proposed declaration of regulations and restrictions on the delivery and consumption of water within the City’s service area and to present their respective needs for water to the City Council and such public input has be duly received and considered by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SUNNYVALE AS FOLLOWS:
1. The City Council hereby finds, determines, and declares that a Stage 2 water supply shortage condition continues to exist and directs the City Manager to continue to implement water demand reduction measures with the goal of reducing water use by 15% from 2020 levels, system wide.
2. The City Council hereby directs the City Manager to continue to implement the Stage 2 water use reduction of 15% and water use prohibitions as described in Exhibit A.
3. In addition to the existing restrictions in Sunnyvale Municipal Code Section 12.34.020, and Stage 2 water use prohibitions as described in Exhibit A, the City Council hereby adopts the following additional regulations and restrictions on the delivery and consumption of potable water within the City’s service area:
A. U s e o f p o t a b l e w a t e r f o r l a n d s c a p e a n d t u r f i r r i g a t i o n i s l i m i t e d t o t h r e e d a y s p e r week during the months of April through October according to the following schedule:
Odd Address – Monday and Thursday
Even Address – Tuesday and Friday
No Address – Monday and Thursday
Attachment 1
3 A-ESD-150222/62324
Council Agenda:
Item No.:
B. The following activities are exempt from the watering schedule set forth in this resolution:
1) Watering by hand;
2) Watering for fire protection and environmental mitigation projects; 3) Watering plants slated for sale in nursery/garden centers; 4) Watering using drip systems;
5) Watering of City-maintained athletic fields and golf courses as long as City facilities as a whole exceed the 15% target.
4. The proposed action is categorically exempt from environmental review under California Environmental Quality Act (CEQA) Guidelines, Section 15307 (actions by regulatory agencies for protection of natural resources). A reduction in water usage will reduce potential environmental effects associated with water use, by reducing surface water import, as well as reducing energy consumption and other impacts associated with water production, distribution, and treatment.
5. That City staff is directed to work with Valley Water and Bay Area Water Supply and Conservation Agency to increase public education and outreach efforts to increase public awareness about the drought including water use prohibitions and restrictions.
6. This Resolution shall be in effect upon adoption through June 30, 2023.
Adopted by the City Council at a regular meeting held on May 24, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
RECUSAL:
ATTEST: APPROVED:
__________________________________ _________________________________ City Clerk Mayor
(SEAL)
APPROVED AS TO FORM:
___________________________________
City Attorney
Attachment 1
EXHIBIT A
Shortage
Level Demand Reduction Actions
Reduction in
Shortage
Gap (%)
Penalty, Charge, or
Enforcement
Normal
Permanent water use prohibitions please refer to City’s Municipal Code 12.34.020 • Allowing plumbing fixtures to leak
• Using potable water in a manner where it floods premises and runoff into the street • Using a hose to wash vehicles without shut off valve. • Using a hose to wash driveways, sidewalks (except for health and safety). • Service of water to restaurants patrons without being requested. • Installation of single pass cooling process in new construction • Sprinkler irrigation between the hours of 9 AM – 6 PM when daylight savings is in effect.
• Irrigating for more than 15 minutes per day each station. • Irrigation with potable water during and within 48 hours after measurable rainfall is prohibited.
• Irrigation with potable water of ornamental turf on public street medians. • Operators of hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily.
• Use of decorative fountains1 without recirculation
≤ 10% No
Stage 1
up to 10%
• All the above
• Expand public information campaign which includes water use surveys and promoting available rebate programs such as turf replacement, water use efficiency devices, or conversion to recycled water if available
• Enforcement of permanent water use restriction Ordinance (Muni Code 12.34.020) • Decrease hydrant/line flushing (unless for public health or safety) 10% No
Stage 2
up to 20%
• All the above
• Increase water waste patrols and enforcement of permanent water use restriction Ordinance (Muni Code 12.34.020)
• Reduce System Water Loss
20%
• 1st and 2
nd violation: $0 –
written warning
• 3rd violation: $250
• 4th violation: $500
Stage 3
up to 30%
• All the above
• Irrigation of ornamental landscapes with potable water more than two days per week is prohibited.
• Washing vehicles with potable water except at commercial vehicle washing facility • Implement or modify drought rate structure or surcharge • Increase frequency of meter reading
30%
• Fine f
or non-essential water
uses as described in City
ordinance: Not to exceed
$1,000
• Cost recovery for Installation
and removal of flow restricting
valves: $100
Attachment 1
Stage 4
up to 40%
• All the above
• Water allocation may be imposed
• New installations of lawns.
• Irrigating with potable water of golf courses except for tees and greens • Use of decorative fountains1
• New swimming pool or pond construction
• Filling or refilling swimming pools
40%
• Fine f
or non-essential water
uses and those listed in
demand reduction action: Not to
exceed $1,000
• Cost recovery for Installation
and removal of flow restricting
valves: $100
Stage 5
Up to 50%
• All the above
• Moratorium or net zero demand increase on new connections • New swimming pool or pond construction
• Filling or refilling swimming pools
• Outdoor watering December through March.
• Watering turf, grass or dichondra lawns (can provide minimal water for sports playing fields)
50%
• Fine f
or non-essential water
uses and those listed in
demand reduction action: Not to
exceed $1,000
• Cost recovery for Installation
and removal of flow restricting
valves: $100
Stage 6
Greater
than 50%
• All the above
• Landscape irrigation with potable water of any City-owned premises or businesses where recycled water is available for connection.
• Irrigation of ornamental landscapes with potable water • Watering turf, grass or dichondra lawns with potable water including sports and playing fields and tees and greens for golf courses.
>50%
• Fine f
or non-essential water
uses and those listed in
demand reduction action: Not to
exceed $1,000
• Cost recovery for Installation
and removal of flow restricting
valves: $100
Notes:
1. “Decorative fountains” are considered ornamental water features that are artificially supplied with water and include ponds, lakes, waterfalls, and fountains. These facilities are considered ornamental and not for recreation.
Attachment 1