CC Exhibit 06-16-15 Item #16 Ordinance amending Chapter 15.32 related to Water conservation CC 6-16-15 Item #16 Amendec
attachment D
RESOLUTION NO. 15-
CUPERTINO ri B
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING
AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND ADMINISTER A
MEMORANDUM OF UNDERSTANDING WITH THE SANTA CLARA VALLEY WATER
DISTRICT FOR A LANDSCAPE CONVERSION REBATE PROGRAM AND APPROVE AN
AMENDMENT TO FY15/16 ANNUAL OPERATING BUDGET TO APPROPRIATE $75,000
WHEREAS, the City of Cupertino, a municipal corporation and general law city duly
organized and existing under and pursuant to the laws of the State of California (City) is
authorized to enter contracts on its behalf and for the benefit of the City; and
WHEREAS, the reasons supporting the entrance of the City into the Memorandum of
Understanding with the Santa Clara Valley Water District for Conservation Programs is set
forth in detail in the staff reports and hearings for June 2,,2015 and June 16, 2015 Council
meetings and are incorporated herein by reference; and
WHEREAS, the consideration by the City Council of the adoption of this Resolution has been
duly noticed pursuant to applicable laws and Council provided members of the public an
opportunity to comment and be heard and considered all testimony and evidence in
connection with the adoption of this Resolution; and
WHEREAS, pursuant to the provisions and requirements of the California Environmental
Quality Act of 1970, together with related State CEQA Guidelines (collectively, "CEQA"), the
City determines that the provisions of this Resolution are exempt as a project intended to
protect the environment and natural resources (14 Cal.Regs. 15307, 15308); and
WHEREAS, the City Council determines that the adoption of this Resolution is in the public
interest.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY
FIND, DETERMINE, RESOLVE, AND ORDER AS FOLLOWS:
Section 1. Recitals. The City Council does herby find, determine; and resolve that the
foregoing recitals are true and correct.
Section 2. Approval and Authorization. The City Council does further resolve that:
1
a. The Memorandum of Understanding with the Santa Clara Valley Water District
(MOU) for water conservation programs in substantially in the form attached
hereto as Exhibit "A" is approved;
b. The City Manager is delegated the authority and is authorized to negotiate and
execute the MOU in substantially in the form as attached Exhibit "A", provided
that the funds do not exceed seventy five thousand dollars ($75,000.00).
Section 3: Effective date: This Resolution is effective immediately upon adoption.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this 16thday of June, 2015, by the following vote:
Vote Members of the Citv Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Grace Schmidt, City Clerk Rod Sinks, Mayor
MEMORANDUM OF UNDERSTANDING
BETWEEN THE SANTA CLARA VALLEY WATER DISTRICT AND THE
CITY OF CUPERTINO FOR A LANDSCAPE CONVERSION REBATE
PROGRAM
This MEMORANDUM OF UNDERSTANDING (MOU) between the Santa Clara Valley
Water District, an Independent special district created by the California Legislature
(hereinafter referred to as WATER DISTRICT) and the City of Cupertino (hereinafter referred
to as CUPERTINO) sets forth the respective roles of the WATER DISTRICT and CUPERTINO
in regard to the WATER DISTRICT'S WATER CONSERVATION LANDSCAPE
CONVERSION REBATE PROGRAM (hereinafter referred to as PROGRAM) is made and
entered into this June , 2015.
RECITALS
WHEREAS the PROGRAM involves providing Water Conservation Landscape Conversion
Rebates for properties located within CUPERTINO's jurisdiction; and
WHEREAS the PROGRAM includes the Landscape Conversion Rebate Program for Water
Efficient Landscape Conversions; and
WHEREAS the PROGRAM is an appropriate measure for the Best Management Practices
addressed in the California Urban Water Conservation Council's MOU regarding Urban
Water Conservation in California; and
WHEREAS the WATER DISTRICT has established the PROGRAM, in part, to provide
financial incentive to remove existing turf lawns; and
WHEREAS CUPERTINO wishes to participate in the PROGRAM and provide additional
incentives for Cupertino residents to remove existing lawns.
NOW, THEREFORE, in consideration of the recitals and mutual obligations of the parties
expressed in this MOU, WATER DISTRICT and CUPERTINO agree as follows:
1. WATER DISTRICT'S RESPONSIBILITIES
a) Administration of the PROGRAM, which administration shall include the creation of the
PROGRAM brochures and applications.
3
b) Collection and analysis of data to determine water savings.
c) Administration of all PROGRAM funds including, but not limited to:
® Processing the payment of the amounts set forth in 2.b. below, to eligible
persons residing in CUPERTINO ("ELIGIBLE RESIDENTS). This supplemental
rebate amount shall be in addition to the-customary amounts paid by the
WATER DISTRICT for the PROGRAM.
® Payment of standard PROGRAM amounts to ELIGIBLE RESIDENTS within
8.12 weeks of receipt of CUPERTINO residential applicant's request. .
d) Invoicing CUPERTINO, on a quarterly basis.
e) Work cooperatively with CUPERTINO in appropriately advertising the PROGRAM to
targeted customers.
2. CUPERTINO'S RESPONSIBILITIES
a) Work cooperatively with WATER DISTRICT in appropriately advertising the PROGRAM
to the targeted customers.
b) CUPERTINO must pay WATER DISTRICT as set forth below for each activity performed
by the WATER DISTRICT in the CUPERTINO service area:
Up to $1.00 per each square foot of turf removed per qualified residential and for
commercial rebate, up to $1,000 per residential and up to $10,000 per commercial site,
as per the District's Landscape Rebate Program requirements.
c) CUPERTINO's obligation to pay for the PROGRAM activities is capped at a total
maximum of$715,000.
d) Make payment to WATER DISTRICT within 60 days of receipt of Invoice from WATER
DISTRICT.
3. HOLD HARMLESS AND LIABILITY
Each Party ("Indemnifying Party") agrees to indemnify, defend at its own expense, including
attorneys' fees, and hold harmless the other Party ("Indemnified Party") from and against all
claims, costs, penalties, causes of action, demands, losses and liability of any nature
4.
whatsoever, including but not limited to liability for bodily injury, sickness, disease or death,
property damage (including loss of use) or violation of law, caused by or arising out of or
related to the negligence, or willful misconduct of that Indemnifying Party, its officers or
employees, or any other agent acting pursuant to this MOU.
4. DOCUMENT REVIEW
WATER DISTRICT and CUPERTINO will, upon reasonable advance written notice, make
available for inspection to the other party records,books and other documents relating to the
PROGRAMS.
5. TERM
The term of the MOU is from July 1, 2015 to June 30, 2016, or until funds are depleted,
whichever occurs first. The term of the MOU may be extended by mutual consent of the
Parties. This MOU shall be contingent upon approval of program funding each fiscal year by
both the WATER DISTRICT'S Chief Executive Officer and by CUPERTINO.
6. NOTICE
Any notice, payment, credit or instrument required or permitted to be given hereunder shall
be deemed received upon personal delivery or five (5) days after deposit in any United States
mail depository, first class postage prepaid and addressed to the party for whom intended; or
on the same day as a facsimile transmission is sent as long as original is placed in the mail on
the same day.
If to WATER DISTRICT:
Santa Clara Valley Water District
5760 Almaden Expressway
San Jose, CA 96118
Attn: Conservation Programs
If to CUPERTINO:
Public Works Department
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Attn: Environmental Programs
5
6/16/2015
XH Bl I•
June 16ndCity Council Meeting
Amendment of Water Conservation
Ordinance / Landscape Conversion
Rebate Program
Roger Lee Erin Cooke cuPERTINOG€fiEEN
Assistant Director Assistant to the City Manager
Public Works & Sustainability Manager
rogerl(@cunertino.org erinc@cupertino.or-9
_.__---•_.---�--=-.u-...........
mendment of Ordinance-15.32 — Water Conservation
• Clarification / changes from first reading
• Enforcement-
• Administrative citation,fines,and penalties are"in addition to all
other civil-legal remedies and which are alternatives to any
criminal legal remedies that may be pursued"
• Administrative enforcement is permissible
• Regulations -
• Limit outdoor irrigation of ornamental landscapes or turf with
potable water to no more than two days per week. Irrigation will
be allowed on Monday and Thursday for odd numbered
addresses;Monday and Thursday for numberless addresses;and
Tuesday and Friday for even numbered addresses.
City of Cupertino,June 2015 Water Conservation-Second Reading' z
1
`X
6/16/2015
///✓/////�%/�� _�- ...-.. _ //� /� /i. `i//j%i/moi/��/�/�/��%���j�///
-� Landscape Conversion e a e,... r�grarn
• Up to$1.0o per each square foot of turf removed per qualified residential/
commercial rebate
• Limited to a maximum amount of$1,00o per resident;$10,00o per commercial
site
j
• $75,000 funding for FY 15/16
-Cupertino, # Square Feet.Converted
Rebates
2010-2012 5 7,196 /
vj
2013 8 9,933 - y
2014 16 15,585 / /
2015 34" 50,914
Pending 18 14,540
• One commercial site in FY13-15(2269 square feet);one commercial currently
pending(385 square feet)
City of Cupertino,March 2or4 Water Conservation-Second Reading 3
%/// %% i
%// /ice%
Laundry to Landscape e a el",rogram
• $Zoo rebate available through the Water District:
valleywater.org/GraywaterRebate
€ �t
• 2013 California Plumbing Code: o s e kook-amw t
wfw-A
• Plumbing permit required for all CCC sett
° st �xe�qj
non-potable applications(graywater) i p Q t
� a�i- to with
• Excepts"laundry to landscape"
• When permit required: � ' ' }t '
• Cupertino:$48
• Palo Alto:$200-$500 � $
• Sunnyvale:Waived$121 graywater fee
/
City of Cupertino,March 2014 Water Conservation Update 4
2
6/16/2015
MM
ON
Other Conservation Programs Available
• Water District:valleywater.org Canty Clara Valley
• Water wise house calls
Water Distrid
• Free conservation tips
• Toilet rebate-$125
• .Irrigation Hardware Upgrade rebate
• Residential High Efficiency Clothes Washer rebate-$150
y
• City: cupertino.org/savewater � =
• GreenBiz:cupertino.org/greenbiz
• green@school '� "✓ `�
• DIY Toolkits @ Cupertino Library y"
• @thinkdrought
• twitter.com/ThinkDrought
• Facebook-ThinkDrought
City of Cupertino,June'2015 Water Conservation-Second Reading 5
uestions?
ON; �-Mffl
y /
MENr
When the well's dry,we know the worth of water.
-Benjamin Franklin (i7o6-i79o), Poor Richard'sAlmanac, 1746
N �M,/
i /
3