Legislative Public Meetings

File #: 15-0458   
Type: Report to Council Status: Passed
Meeting Body: City Council
On agenda: 5/12/2015
Title: Adopt a Resolution to be in Effect through June 30, 2016 Declaring a Continued Water Emergency, Increasing Stage 1 Water Reduction Target from 15 Percent to 30 Percent, Re-Implementing Stage 1 Water Restrictions, Adding Additional Water Use Restrictions Including Enforcement Actions as Recommended by the State Water Board, and Approving Budget Modification No. 45 adding $230,000 for Water Conservation and Enforcement Efforts, and Amending the Master Fee Schedule to Add Administrative Fines; Find the Action Exempt from CEQA pursuant to Guideline 15378(b)(2)
Attachments: 1. Resolution
REPORT TO COUNCIL
 
SUBJECT
Title
Adopt a Resolution to be in Effect through June 30, 2016 Declaring a Continued Water Emergency, Increasing Stage 1 Water Reduction Target from 15 Percent to 30 Percent, Re-Implementing Stage 1 Water Restrictions, Adding Additional Water Use Restrictions Including Enforcement Actions as Recommended by the State Water Board, and Approving Budget Modification No. 45 adding $230,000 for Water Conservation and Enforcement Efforts, and Amending the Master Fee Schedule to Add Administrative Fines; Find the Action Exempt from CEQA pursuant to Guideline 15378(b)(2)
 
Report
REPORT IN BRIEF
The State is requiring water providers and water users take actions to reduce water use.  This report presents the actions recommended by staff to both meet the State mandates and go beyond the requirements.  Sunnyvale is required to set a goal of reducing water use by 16%.  Staff is recommending setting a more ambitious goal of 30% to be in line with goals set by the Santa Clara Valley Water District and to match our neighboring cities, and to send a message about the importance of water conservation.  
 
Sunnyvale has already taken many of the actions required by the State.  The additional required actions are to prohibit water use during and within 48 hours after a rain, to require hotels to offer the option of non-laundering, to implement requirements on new buildings, and to prohibit irrigation on street medians.  In addition, staff is recommending limiting the number of days watering is allowed to two days per week, and four actions with a budgetary impact totaling $230,000:
 
$  35,000      Additional outreach
$100,000      Additional turf removal incentives
$  15,000      Additional incentives for gray water installations
$  80,000      Enhanced enforcement  
  
BACKGROUND
State Actions
 
On July 15, 2014, the State Water Board issued a resolution mandating that water suppliers take a set of actions designed to reduce water consumption. Failure to take actions such as these can result in fines against the City of up to $10,000 per day. Further, any individual who violates these regulations may be cited for an infraction under California Water Code Section 1058.5 and fined up to $500 per day.
 
On March 17, 2015, the State Water Board proposed, on April 29 updated, and on May 5 adopted a revised emergency regulation which includes prohibitions on certain outdoor irrigation and urban water uses and an order for all urban water suppliers to implement conservation measures and provide monthly data on water production, per capita use, outdoor water restrictions, enforcement efforts, and water conservation programs and services.
 
Specifically, these regulations require the following:
 
• Only serve drinking water in restaurants upon request (already in effect in Sunnyvale).
• Prohibit the application of potable water to outdoor landscapes in a manner that causes runoff (already in effect in Sunnyvale)
• Prohibit the application of potable water to driveways and sidewalks (already in effect in Sunnyvale)
• Prohibit the use of potable water in a fountain or other decorative water feature, except where the water is part of a circulating system (already in effect in Sunnyvale)
• Prohibit the use of a hose that dispenses potable water to wash a motor vehicle except where the hose is fitted with a shut off nozzle (already in effect in Sunnyvale).
• Prohibit landscape watering two days after rain.
• Require hotels to offer an option of not laundering towels and linens daily.
• Require all newly constructed homes and buildings that irrigate with potable water to be consistent with regulations or other requirements established by the California Building Standards Commission.
• Prohibit irrigation of turf on public street medians with potable water
 
One item in the initial proposed regulations was dropped in the updated regulations:
 
·      Limit the number of days that outdoor watering is allowed.
 
As mentioned previously, failure to comply by a water agency is subject to a fine of up to $10,000 per day, and the Board again set a fine of up to $500 for individuals violating any of the above prohibitions.
 
On April 1, 2015, following the lowest snowpack level on record, Governor Brown issued an Emergency Executive Order (EEO) which imposes additional drought restrictions and directed the State Water Board to impose restrictions to achieve a statewide 25% reduction in potable urban water use. The Governor's EEO establishes goals and identifies measures for the Board to impose restrictions in order to achieve a statewide 25% reduction in potable urban water usage through February 28, 2016 compared to the amount used in 2013. These restrictions take into account the relative per capita water usage of each water suppliers' service area, and require that those areas with high per capita use achieve proportionally greater reductions than those with low use.
 
On April 18, 2015 the State Water Board set targets for individual water agencies varying from 8% to 36%. These targets took into consideration individual agencies' past conservation efforts. Sunnyvale's overall conservation target was set at 16%. The State Water Board developed emergency regulations to implement the EEO's directive on May 5, 2015.
 
Water Wholesaler Actions
 
The Environmental Services Department operates and maintains the City of Sunnyvale's potable water supply system. The City purchases approximately half of its potable water from the Santa Clara Valley Water District (SCVWD), which imports its water from the State Water Project in the Sacramento Delta and the Federal Central Project San Luis Reservoir located on Hwy 152 southeast of Gilroy, and half from the San Francisco Public Utilities Commission's (SFPUC) Hetch Hetchy Reservoir located in Yosemite National Park. The City also has seven active wells and one stand-by well that can produce seven million gallons per day (mgd), and the wastewater plant can produce recycled water for irrigation applications. Due to production limitations and increased chemical requirements, the City has scaled back its recycled water production. Plans are under way to improve production reliability and construction is scheduled to be completed in the summer of 2016. There are approximately 29,500 connections to the City's potable water system. In FY 2013/14 potable water use averaged 18.4 mgd. Residential water use accounts for 61 percent of the total system demand, with the remainder used by commercial, industrial, institutional, and large landscape irrigation accounts.
 
On March 24, 2015 the SCVWD Board of Directors voted to request that all water retailers in Santa Clara County reduce water demand to a level 30% below 2013 levels.
 
The Hetch Hetchy reservoir, which is the primary source of water for the SFPUC system, has not seen as large a decline as other statewide supplies, primarily due to the unique nature of its watershed. In fact, Hetch Hetchy had 63,000 acre feet more water on April 1, 2015 than it did same time last year. (An acre-foot (AF) is one acre covered by one foot depth of water or 325,851 gallons, which is approximately the amount of water used annually by four Sunnyvale households.)  Therefore, the SFPUC stated that with the Governor's EEO directing the State Water Board to develop mandatory conservation across the State to achieve a 25% reduction is sufficient and it will not request further action from its customers system-wide.
 
City Actions
 
The City's Water Shortage Contingency Plan, as incorporated into the City's Urban Water Management Plan (UWMP), was adopted by Council on June 28, 2011(RTC 11-138).
 
On June 24, 2014, the Sunnyvale City Council declared a Water Shortage Emergency (RTC 14-0534) and called for 15% water reduction target, and on August 26, 2014, the Council adopted a resolution implementing Stage 1 Water Use Prohibitions (RTC 14-0751). These actions put Sunnyvale in compliance with the 2014 State mandates.
 
Sunnyvale residents and businesses continue to respond well to the request to save water and, for the last twelve months water use in Sunnyvale, were down on average 13.6% as compared to the same period in 2013. The City was able to achieve this conservation level even though the economy experienced a robust expansion over the last two years. The City also cut its own water use at certain City facilities by 34% through December 2014, and in spite of a very dry January through March, the City was able to achieve 26% savings. These savings represent use at parks (irrigation and buildings), school open space maintained by the City, medians and open space/landscaping at special use areas including the Community Center, Civic Center, Corporation Yard, and Water Pollution Control Facility. This was accomplished by reducing irrigation times, draining three of four ornamental ponds, increasing irrigation system maintenance, and reducing the amount of ornamental turf at City parks and open spaces.
EXISTING POLICY
 
General Plan- Environmental Management Chapter
 
Goal EM-2 Water Conservation
Promote more efficient use of the City's water resources to reduce the demands placed on the City's water supplies
 
Policy EM-2.1 Lower overall water demand through the effective use of water conservation programs in the residential, commercial, industrial and landscaping arenas.
 
The proposed Action is also consistent with the requirements of Section 10632 of the California Water Code, and Section 5 of the City's 2010 Urban Water Management Plan (UWMP).
 
ENVIRONMENTAL REVIEW
The proposed action would continue the implementation of Stage 1 of the City's Water Shortage Contingency Plan based on the water reduction goals set by the water providers. The action implements the City's UWMP and ongoing efforts to conserve water.
 
The proposed action is exempt from review under CEQA as part of the City's continuing administrative activities to implement the UWMP (CEQA Guidelines section 15378(b)(2)),and because it can be seen with certainty that the action would have no significant negative effect on the environment (CEQA Guidelines section 15061 (b)(3)). 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.
 
DISCUSSION
 
The Existing City of Sunnyvale Ordinance
The Municipal Code Chapter 12.34.020 currently defines several nonessential water uses that are prohibited at all times, including:
 
(a) Allowing or maintaining broken or defective plumbing, sprinklers, watering or irrigation systems which permit the escape or leakage of potable water.
 
(b) Using potable water in any manner which causes allows or permits the flooding of any premises, or any portion thereof, or which causes, allows or permits water to escape from any premises or any portion thereof and flow into gutters, streets, or any surface water drainage system.
 
(c) Using any hose or similar device using potable water for washing automobiles, trucks, buses, boats, trailers, equipment, recreational vehicles, mobile homes or other vehicles or machinery, unless the hose or device is equipped with a positive automatic shutoff valve.
 
(d) Using potable water to wash sidewalks, driveways, filling station aprons, patios, parking lots, porches or other paved or hard surfaced areas, unless there is a positive automatic shutoff valve on the outlet end of the hose.
 
(e) The service of water by any restaurant or other eating or refreshment establishment to any patron, except upon the specific request by a patron for such services.
 
(f) Installation of any single pass cooling process in new construction.
 
(g) Any use of non-potable water not in compliance with all federal, state and local laws, rules and regulations.
 
(h) During the period of time when daylight savings is in effect, no person shall use, permit or allow the use of potable water to irrigate any outdoor landscaping at any time between the hours of 9:00 a.m. and 6:00 p.m., unless the person using, permitting or allowing the use of the water is using a bucket, hand-carried container, or a hose equipped with an automatic positive self-closing valve.
 
(i) No person shall use, permit or allow the use of potable water to irrigate any outdoor landscaping or other vegetated area more than fifteen minutes per day per station when using a landscape irrigation system or a watering device that is not continuously attended, except for landscape irrigation systems that exclusively use very low-flow drip-type irrigation systems when no emitter produces more than two gallons of water per hour, and weather-based controllers or stream rotor sprinklers that meet a seventy-one percent efficiency standard.
 
The Existing Sunnyvale Water Shortage Conservation Plan
On June 26, 2011 (RTC 11-138), the City Council approved the City's 2010 Urban Water Management Plan (UWMP). In anticipation of water shortages with varied severities, a Water Shortage Contingency Plan (WSCP) was included as Section 5.3 of the UWMP .The WSCP includes a four stage water shortage conservation plan. Each stage includes specific water conservation actions and use restrictions designed to reduce water use by successively greater amounts. Implementation of the stages is cumulative; meaning that implementation of a higher stage shall also incorporate all of the previous stages. Reduction requirements for each stage are based on a target percent reduction of water usage.
 
The following details the use restrictions and prohibitions for each stage of reduction:
 
Water Shortage Contingency- Mandatory Prohibitions
Stage No.
Prohibition
Stage 1 25%
· Flooding or runoff on sidewalks, streets or gutters · Cleaning sidewalks, driveways, buildings, patios, parking lots or other paved/hard surfaced areas · Using a hose without a positive automatic self-closing valve for washing cars, buses, boats, or trailers  · Use of decorative fountains  · Water waste due to broken/defective plumbing, sprinkler, watering or irrigation systems · Restaurant water service unless requested · Landscape irrigation during daylight hours · Hydrant flushing (unless for public health or safety)
Stage 2 35%
· All of the above · New installations of plants, shrubs, trees, lawns other growing things · Landscape for mounds, hardscape okay but cannot include living plant materials · New swimming pool or pond construction · Filling or refilling swimming pools (can replace water loss due to evaporation) · Outdoor watering December through March.
Stage 3 45%
· All of the above · Watering turf, grass or dichondra lawns (can provide minimal water for sports playing fields) · Watering at golf courses except for tees and greens
Stage 4 50% or greater
· All of the above · Landscape irrigation with potable water of any City-owned premises or businesses where recycled water is available for connection. · Utilization of potable water for any City operation where recycled water could be used.
 
Currently, with the adoption last year of the 15% reduction goal, all the prohibitions shown under Stage 1 are in effect and are consistent with the State Water Board directives. The only Sunnyvale water use prohibition that differs slightly than that of the State Water Board is the use of decorative fountains. While the State Water Board allows the use of fountains with circulating systems, Sunnyvale's prohibition does not specifically make such an exception. However, staff believes that allowing the use of fountains with recirculating water systems would be consistent with state law and with the goals of the Sunnyvale Water Shortage Contingency Plan. At this time, therefore, staff does not propose to take enforcement action. However, staff is recommending draining the Community Center Fountain (CCF) as long as the drought is still in effect. Even though the CCF recirculates its water when it is in operation, it does experience water loss due to evaporation especially during the summer months. Discontinuing the operation of the CCF also sends a strong message about the severity of the drought. Water savings at the Community Center was over 21% between February 2014 and March 2015 when compared to the same period in the preceding year. The City has already discontinued the operation of three other water ponds at Serra Park, Las Palmas Park, and Braly Park and was able to achieve more than 53% in water saving during the same period at these facilities.
 
Proposed Actions for Council
Staff is recommending a 30% water use reduction goal and a series of actions related to this goal that go beyond the legal requirements as expected to be set by the State Water Board. Establishing a goal in Sunnyvale is complicated by the fact that our two wholesalers have set different goals. As stated above the SCVWD has established a 30% goal, and the SFPUC has decided that the State mandates and goals are adequate. In addition small portions of Sunnyvale are served by Cal Water who has a different mandate from the State. However Cal Water customers have to abide by the water use restrictions as set by the City Council.
 
Staff is recommending a 30% goal for a number of reasons. First, SCVWD has asked the water retailers including Sunnyvale to adopt a 30% goal, and most neighboring cities are taking actions beyond the legal requirements. Second, Sunnyvale City Council has expressed desire to be aggressive in water reduction and the 30% goal (rather than a 16% goal) sends a strong message about Sunnyvale's commitment to leading the drought response efforts regionally. Third, since the City has nearly reached the 16% goal in 2014, a more aggressive goal is appropriately in line with the additional actions proposed.  
 
Staff is also recommending actions above and beyond the State requirements. It should be said that the correlation between actions and the water use reduction is not strong. The impact of a particular action on water use can vary widely based on many variables, such as the composition of the community (residential-commercial mix, etc.), the responsiveness of the community, the extent to which demand has been hardened by past actions, and, of course, the weather. Given that Sunnyvale has been good at conserving in the past, the impact of the State mandated actions may be less here than in other places.
 
Taking all of this into account, coupling the mandated actions with more aggressive outreach efforts, enforcement actions, and the continuation of water conservation and rebate programs will help greatly towards achieving the 30% target. Staff also recognizes that achieving a 30% target will be more challenging as the economy continues to be robust with employment at a historical high when compared to 2013.
 
As a point of clarification, there has been some confusion around the State about how the various water use reductions have been calculated by the State. First, the percentage by which a city must reduce was calculated based on that city's residential water use between the months of July 2014 and September 2014. Sunnyvale used 5,800 acre-feet of water during that period, of which 61% (3,538 acre feet) was for residential. This calculates to 85.2 gallons per capita per day. Based on this usage rate, which is quite good, the State placed Sunnyvale in the tier of cities that have to reduce water use by 16%.
 
However, how a city meets the 16% water use reduction goal is based on a different time period and different set of water users. The State is mandating that cities reduce total water (residential and non-residential) by the rate established (16% for Sunnyvale) during the period June 2015 through February 2016 compared to the water used monthly in 2013. Sunnyvale used 15,994 acre feet in the matching months in 2013. Therefore, Sunnyvale's target for June 2014 through February 2015 is 16% below that, or 13,435 acre feet. During the period February 2014 to December 2014, Sunnyvale used 13.5% less water than in 2013. So, to meet the State target, Sunnyvale would only have to reduce water use by another 2.5% more this year compared to last year to meet the 16% goal. Again, the staff recommendation is to set a target of 30% reduction which results in a goal of another 16.5% reduction compared to the previous year, or 11,196 acre-feet in total.  
 
Mandated Actions
 
To be fully compliant with the expected State Board Directives the following measures are presented for Council consideration and action. Under Water Code Section 1845, if the City fails to comply with the drought restrictions, the State can issue a cease and desist order. Any entity that violates the cease and desist order could be fined up to $10,000 per day.
 
·      Set a city-wide water reduction target. The mandated target set by the State is 16%. As noted, staff is recommending a goal of 30% city wide to send a strong message about the severity of the drought.
·      Prohibit application of potable water to outdoor landscapes during and within 48 hours of measurable rainfall.
·      Require hotels to offer the option of not laundering towels and linens daily.
(This requires operators of hotels and motels to provide guests with the option of choosing not to have towels and laundered daily. The hotel or motel shall prominently display notice of this option in each guestroom.)
·      Require all newly constructed homes and buildings that irrigate with potable water to be consistent with regulations or other requirements established by the California Building Standards Commission.
·      Prohibit irrigation of turf on public street medians with potable water.
Additional Recommended Action
 
One restriction was in the State initial proposed actions, but excluded from the updated actions.  Staff is recommending the adoption of these restrictions to achieve the 30% goal and to be consistent with other cities in the County.
 
·      Limit irrigation to 2-days per week according to the following schedule. This schedule is consistent with a countywide effort to standardize mandatory watering schedules during the drought, and has been agreed to by all Santa Clara County water service providers:
    
          Odd Address - Monday and Thursday
         Even Address - Tuesday and Friday
         No Address - Monday and Thursday
 
Note:  During the period when daylight savings time is in effect, Sunnyvale customers are already prohibited from irrigating between 9:00 AM and 6:00 PM
 
The following activities are exempted from the two day schedule:
 
·      Watering by hand or drip irrigation
·      Watering for fire protection and environmental mitigation projects
·      Watering nursery/garden center plants for sale
·      Watering of City-maintained multi-purpose recreation fields and golf courses as long as City facilities as a whole meet the 30% target
 
Conservation Program Enhancements
 
Enhancements to the existing conservation programs are also recommended to make additional progress toward meeting the 30% reduction target. These enhancements include additional public outreach, additional rebates, and financial incentives for gray water systems.
 
An increase in public outreach will be required to promote new conservation measures. An increase of $35,000 to the water conservation budget will allow for improved outreach materials including bill inserts, articles in the Quarterly Report, ad space in publications, and outreach events.
 
Bay Area Water Supply and Conservation Agency (BAWSCA) and SCVWD offer additional conservation programs to help Sunnyvale reach a 30% reduction goal. Cost sharing with SCVWD on its Landscape Rebate program will help reduce potable water use by increasing incentives for City residents and businesses to replace water demanding turf with drought tolerant landscaping. By cost sharing $1 per square foot to SCVWD's current $2 rebate, the City can help remove 100,000 square feet of turf with a $100,000 investment, depending on the demand for the rebate. Availability of the rebate will be capped at $100,000.
 
Gray water systems are allowed under the plumbing code. Systems that only use gray water discharged for a clothes washing machine do not require a plumbing permit, but systems that use other plumbing fixtures (i.e. tub/shower or bathroom lavatory) do require a plumbing permit which costs $121.  Currently a rebate of up to $200 is offered by SCVWD. In order to encourage such systems and ensure the systems are properly designed and installed, staff is proposing to pay the building permit for all such systems through December 1, 2015 as a pilot project. The City's Community Development Department prepared a brochure last month for Sunnyvale's residents and businesses that provides information on such systems. An additional $15,000 will be required to fund the pilot program.
 
Enforcement Actions
 
Customers who waste water are normally reported by concerned citizens via e-mail or a phone call. To inform these customers of the need to conserve water, letters are sent to remind them about the drought citing also the City ordinance in an effort to obtain their cooperation. Door hangers that provide drought related information to customers, have also been prepared and are being utilized by ESD staff should they observe water being wasted while they are on duty in the field and meter readers leave door hangers when they observe high usage or water being wasted as they read meters throughout the City.
 
Enforcement mechanisms such as installing flow restrictors are available as described in Municipal Code Chapter 12.34.040.
 
In addition to other available remedies, which would include citing for an infraction under California Water Code Section 1058.5, staff recommends that the City Council authorize the Director of Environmental Services or designees to issue administrative citations for violations of these water use restrictions as follows:
 
• Written warnings for the first two violations
• $250 citation for third violation
• $500 citation for any additional violations
 
The City's administrative citation process is a non-criminal process governed by Chapter 1.05 of the Municipal Code. Administrative citations can be an effective tool for resolving many types of Municipal Code violations outside of the criminal court system, especially ongoing violations involving neighborhood and property issues.
 
Two additional temporary personnel at a total cost of $80,000 are recommended to provide assistance with public outreach and enforcement. These staff could report to Sunnyvale or become attached to the SCVWD enforcement unit. Staff has contacted the SCVWD to gauge their interest in overseeing and scheduling the work tasks for the temporary personnel funded by the City. According to SCVWD staff this raises some legal issues that they need to look into. In either case, the two temporary personnel would focus on outreach, education, and issuing citations for repeat violators. They would perform patrols throughout the City to ensure compliance with water use prohibitions.
 
Other Possible State Actions
The following measures are under consideration by the State Water Board and have not been finalized at the time this report was prepared:
 
•      Impose restrictions to require commercial, industrial, and institutional properties to reduce water use consistent with targets
•      DWR shall update the State Model Water Efficient Landscape Ordinance through expedited regulation
•      The California Energy Commission shall update efficiency standards for water using appliances via emergency regulations
•      Urban water suppliers shall provide monthly information on usage, conservation, and enforcement on a permanent basis
•      The State Water Board shall consider adopting regulations or taking appropriate enforcement actions to promote compliance
•      DWR shall provide technical assistance to the State Water Board and give priority in grant funding to public agencies for actions necessary to comply with local ordinances
•      Implement a Statewide initiative to get to replace 50 million square feet of lawns with drought tolerant landscape
•      State permitting agencies shall prioritize review of local supply projects and programs
 
Other Possible City Actions
Increasing the conservation goal from Sunnyvale's current goal of 15% to the proposed goal of 30% does not trigger any additional actions in Sunnyvale's UWMP since the City would still be in Stage 1 based on the goals set by the water providers. A goal of 35% would trigger the Stage 2 actions.  The City could implement any of the additional actions listed in Stage 2, 3, and 4. And, there are other water conservation actions that the City could take in addition to the actions listed in Stage 2, 3, and 4.
 
The following list is presented to give the Council an idea of what the other possibilities are. Staff is not recommending these actions at this time. Most of these actions will draw significant criticisms and complaints, and will require staff resources and additional funding to implement. The funds to implement any action would draw monies away from the infrastructure projects which are already underfunded. Further, this is a particularly difficult year for the Water Supply and Distribution Fund, since wholesale water rates are increasing so significantly. If any of these actions are of interest, staff can perform an analysis of any of these actions for future consideration by the Council.
 
·      Send water budgets (allocations with no penalty) to all customers, providing them
with information on how much water they need to use to achieve the 30% goal.
·      Require all new pools to have covers to minimize evaporation.
·      Remove additional turf at City facilities.
·      Require all houses and commercial buildings be retrofitted with water conservation devices on resale.
·      Require all single family dwellings (including high density units) have a water meter (Staff recognizes that there may be limitations on the feasibility in some situations).
·      Implement water rationing, which is water budgeting accompanied by penalties.
·      Ban new garbage disposals.
·      Accelerate the recycled water program by extending recycled water pipelines alignments identified in the Feasibility Study approved by Council in 2013 and other alignments as requested by potential customers.
 
FISCAL IMPACT
The FY 2015/16 Recommended Budget includes a proposed 20% increase in water rates. A public hearing will be held on water rates on June 9, 2015, with Proposition 218 compliant rate notices mailed in April. Built into the assumption on water rates is an approximate 15% reduction in water sales and purchases. A larger reduction would result in lower revenue, as well as lower expense. Both the SFPUC and the SCVWD have agreed to lower contractual minimums which will help control expenses.
 
Funding for conservation programming and enforcement will total $230,000. Budget Modification No. 45 has been prepared to appropriate one time funding to a new project from the Water Supply and Distribution Fund Rate Stabilization Reserve, which will allow for the segregation of the funding from core water supply and distribution operations, and roll the funding over year to year if it is not fully expended in the current fiscal year. As this is a one-time expense, it can be absorbed by the Rate Stabilization  Reserve and adjusted for in the FY 2016/17 budget and water rate setting cycle.  
 
Budget Modification No. 45
FY 2014/15
 
PUBLIC CONTACT
A Public Hearing Notice was posted in the Sunnyvale Sun on May 1, 2015 as required under Water Code Section 352.
 
Public contact was also made by posting the Council agenda on the City's official-notice bulletin board outside City Hall, at the Sunnyvale Senior Center, Community Center and Department of Public Safety; and by making the agenda and report available at the Sunnyvale Public Library, the Office of the City Clerk and on the City's website.
 
ALTERNATIVES
1.      Adopt a Resolution presented as Attachment 1, to be in effect through April 30, 2016, continuing the implementing of Stage 1 Water Use Prohibitions as outlined in the City of Sunnyvale Water Shortage Contingency Plan and declaring a water shortage of 30% city wide and limiting use of potable water for landscape and turf irrigation to two scheduled days per week, prohibiting landscape watering within two days of rain, and requiring hotels to offer patrons the option of not laundering linens on a daily basis, and imposing a $250 citation for a third violation and $500 citation thereafter for violating these prohibitions, and amend the Master Fee Schedule to add administrative fines.
2.      Approve Budget Modification 45 providing $230,000 for water conservation enhancements and water waste enforcement.
3.      Adopt Alternative 1 but declare a water shortage of 25% rather than 30% to account for the fact that the SFPUC adopted a lower goal.
4.      Provide other direction to staff.
 
STAFF RECOMMENDATION
Recommendation
Alternatives 1 and 2 : 1) Adopt a Resolution presented as Attachment 1, to be in effect through June 30, 2016, continuing the implementing of Stage 1 Water Use Prohibitions as outlined in the City of Sunnyvale Water Shortage Contingency Plan and declaring a water shortage of 30% city wide and limiting use of potable water for landscape and turf irrigation to two scheduled days per week, prohibiting landscape watering within two days of rain, and requiring hotels to offer patrons the option of not laundering linens on a daily basis, and imposing a $250 citation for a third violation and $500 citation thereafter for violating these prohibitions, and amend the Master Fee Schedule to add administrative fines, and 2) Approve Budget Modification 45 providing $230,000 for water conservation enhancements and water waste enforcement.
 
Staff
Prepared by: Mansour Nasser, Water & Sewer Systems Division Manager
Reviewed by: John Stufflebean, Director, Environmental Services Department
Reviewed by: Manuel Pineda, Director, Public Works Department
Reviewed by: Hanson Hom, Director, Community Development Department
Reviewed by Grace Leung, Director, Finance Department
Approved by: Robert Walker, Assistant City Manager
Approved by: Deanna J. Santana, City Manager
 
ATTACHMENT   
1. Proposed Resolution