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Home My WebLink About2021-10-04 City Council Regular Meeting Agenda Packet September 29, 2021 4:14 PM City Council Regular Meeting Agenda Page1 MAYOR Marie Blankley COUNCIL MEMBERS Rebeca Armendariz Dion Bracco Zach Hilton Peter Leroe-Muñoz Carol Marques Fred Tovar CITY COUNCIL AGENDA CITY OF GILROY CITY COUNCIL CHAMBERS, CITY HALL 7351 ROSANNA STREET GILROY, CA 95020 REGULAR MEETING 6:00 P.M. MONDAY, OCTOBER 4, 2021 CITY COUNCIL PACKET MATERIALS ARE AVAILABLE ONLINE AT www.cityofgilroy.org AGENDA CLOSING TIME IS 5:00 P.M. THE TUESDAY PRIOR TO THE MEETING Due to COVID-19, it is possible that the planned in-person meeting may have to change to a virtual meeting at any time and possibly on short notice. Please check the City of Gilroy website at http://gilroyca.iqm2.com/Citizens/default.aspx for any updates to meeting information. COMMENTS BY THE PUBLIC WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE CITY COUNCIL. Persons wishing to address the Council are requested, but not required, to complete a Speaker’s Card located at the entrances. Public testimony is subject to reasonable regulations, including but not limited to time restrictions for each individual speaker. A minimum of 12 copies of materials should be provided to the City Clerk for distribution to the Council and Staff. Please limit your comments to 3 minutes. Comments on any agenda item may be emailed to the City Clerk’s Office at cityclerk@cityofgilroy.org or mailed to the Gilroy City Clerk’s Office at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the City Clerk’s Office by 1 p.m . on the day of a Council meeting will be distributed to the City Council prior to or at the meeting and available for public inspection with the agenda packet located in the lobby of Administration at City Hall, 7351 Rosanna Street prior to the meeting. Any correspondence received will be incorporated into the meeting record. Items received after the 1 p.m. deadline will be provided to the City Council as soon as practicable. In compliance with the Americans with Disabilities Act, and Governors Order N -29-20, the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk a minimum of 2 hours prior to the meeting at (408) 846-0204. If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure. A Closed Session may be called during this meeting pursuant to Government Code Section 54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City City Council Regular Meeting Agenda 10/4/2021 Page2 on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City. Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available with the agenda packet on the City website at www.cityofgilroy.org subject to Staff’s ability to post the documents before the meeting. KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, task forces, councils and other agencies of the City exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review. FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE, TO RECEIVE A FREE COPY OF THE ORDINANCE OR TO REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE OPEN GOVERNMENT COMMISSION STAFF AT (408) 846-0204 I. OPENING A. Call to Order 1. Pledge of Allegiance 2. Invocation 3. City Clerk's Report on Posting the Agenda 4. Roll Call B. Orders of the Day C. Employee Introductions II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations 1. Planning Commission Annual Presentation to Council III. PRESENTATIONS TO THE COUNCIL City Council Regular Meeting Agenda 10/4/2021 Page3 PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL PUBLIC COMMENTS MAY BE SUBMITTED BY EMAIL TO: cityclerk@cityofgilroy.org, (This portion of the meeting is reserved for persons desiring to address the Council on matters not on this agenda. The law does not permit Council action or extended discussion of any item not on the agenda except unde r special circumstances. If Council action is requested, the Council may place the matter on a future agenda. Comments on any agenda item may be emailed to the City Clerk’s Office at cityclerk@cityofgilroy.org or mailed to the Gilroy City Clerk’s Office at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the City Clerk’s Office by 1:00 p.m. on the day of a Council meeting will be distributed to the City Council prior to or at the meeting and available for public inspection with the agenda packet located in the lobby of Administration at City Hall, 7351 Rosanna Street prior to the meeting. Any correspondence received will be incorporated into the meeting record. Items received after the 1 p.m. deadline will be provided to the City Council as soon as practicable. Written material provided by public members for Council agenda item “public comment by Members of the Public on items not on the agenda” will be limited to 10 pages in hard copy. An unlimited amount of material may be provided electronically.) City Council Regular Meeting Agenda 10/4/2021 Page4 IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco – Gilroy Sister Cities Association (alternate), Santa Clara Co. Library JPA, SCVWD Joint Council-SCRWA-Board Water Resources Committee, South County Regional Wastewater Authority Board, South County Youth Task Force Policy Team, Street Naming Committee, URM Task Force Sub-committee Council Member Armendariz – ABAG (Alternate), CalTrain Policy Group, Gilroy Downtown Business Association Board (alternate), Historic Heritage Committee, Santa Clara Valley Habitat Agency Implementation Board, Silicon Valley Clean Energy Authority JPA Board (Alternate), Street Naming Committee, VTA Committee for Transit Accessibility (Alternate) Council Member Marques - Gilroy Downtown Business Association Board, Gilroy Gardens Board of Directors, Historic Heritage Committee (Alternate), Santa Clara Valley Habitat Agency Governing Board (alternate), Santa Clara Valley Habitat Agency Implementation Board (alternate), South County Regional Wastewater Authority (Alternate), URM Task Force Sub-Committee Council Member Hilton – Gilroy Economic Development Partnership, Silicon Valley Clean Energy Authority JPA Board, South County United for Health, Visit Gilroy California Welcome Center Board Council Member Tovar – Economic Development Corporation Board, Recycling and Waste Reduction Commission, Santa Clara Co. Expressway Plan 2040 Policy Advisory Board, Recycling and Waste Reduction Commission, Santa Clara Co. Library JPA (alternate), SCVWD Water Commission (alternate), South County Regional Wastewater Authority Board, Street Naming Committee, VTA Committee for Transit Accessibility Council Member Leroe-Muñoz - ABAG, CalTrain Policy Group (alternate), Cities Association of Santa Clara County Board of Directors (alternate), Economic Development Corporation Board, Gilroy Youth Task Force, SCVWD Water Commission, Silicon Valley Regional Interoperability Authority Board, South County Youth Task Force Policy Team (alternate), VTA Mobility Partnership, VTA South County City Group, VTA Policy Advisory Committee Mayor Blankley - Cities Association of Santa Clara Co. Board of Directors, Gilroy Economic Development Partnership, Gilroy Sister Cities Association, Gilroy Youth Tas k Force (alternate), Santa Clara Valley Habitat Agency Governing Board, SCVWD Joint Council-SCRWA-Board Water Resources Committee, South County Regional Wastewater Authority Board, VTA Board of Directors Alternate, VTA Mobility Partnership, VTA Policy Advisory Committee, VTA South County City Group V. FUTURE COUNCIL INITIATED AGENDA ITEMS VI. CONSENT CALENDAR (ROLL CALL VOTE) All matters listed under the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of the City Council or a member of the public. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar prior to the time the Council votes to approve. If removed, the item will be discussed in the order in which it appears. City Council Regular Meeting Agenda 10/4/2021 Page5 A. Claim of Rebecca Rodriguez (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) B. Claim of E. P. & G. South Valley Plaza, LLC (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) C. Claim of Theresa Deal (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) D. Claim of The Vineyard Apartments (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) E. Adoption of an Ordinance Approving the Tenth and Chestnut Planned Unit Development Rezoning. F. 9-20-21 City Council Meeting Minutes VII. BIDS AND PROPOSALS VIII. PUBLIC HEARINGS A. Public Hearing for the 2020 Urban Water Management Plan and 2020 Water Shortage Contingency Plan 1. Staff Report: Gary Heap, City Engineer/Transportation Engineer 2. Disclosure of Ex-Parte Communications 3. Open Public Hearing 4. Close Public Hearing 5. Possible Action: Conduct Public Hearing and Receive Public Comment on the 2020 Urban Water Management Plan and 2020 Water Shortage Contingency Plan IX. UNFINISHED BUSINESS A. City Council Position on Valley Transportation Authority (VTA) Transit- Oriented Development 1. Staff Report: Jimmy Forbis, City Administrator 2. Public Comment 3. Possible Action: Council consider directing the Mayor to submit a formal letter of the City Council position on the potential Transit-Oriented Development project at the Gilroy Transit Center B. Appointment of Members to the Youth Commission With Terms Ending September 30, 2023 City Council Regular Meeting Agenda 10/4/2021 Page6 1. Staff Report: LeeAnn McPhillips, Administrative Services/HR Director/Risk Manager 2. Public Comment 3. Possible Action: Appoint four Youth Commission members to terms ending September 30, 2023. X. INTRODUCTION OF NEW BUSINESS A. Rejection of Proposals for the Safe Parking Program 1. Staff Report: Jimmy Forbis, City Administrator 2. Public Comment 3. Possible Action: Council reject all proposals. B. Awarding a One-Year, Work Order Contract with Two, One-Year Extension Options for Homeless Encampment Cleanup and Illegal Dumping to US Ecology for a Not-to-Exceed Amount of $100,000; and Adopt a Resolution Amending the Fiscal Year (2022) Budget 1. Staff Report: Jimmy Forbis, City Administrator 2. Public Comment 3. Possible Action: 1. Award a one-year, work order contract with two, one-year extension options for homeless encampment clean-up and illegal dumping to US Ecology for a not-to-exceed amount of $100,000 and authorize the City Administrator to execute the agreement. 2. Adopt resolution amending the FY 2021-2022 adopted budget to appropriate $100,000 from the General Fund (100) utilizing the American Rescue Plan Act funds for this work. C. Acceptance and Display of the Gilroy Sesquicentennial Time Capsule 1. Staff Report: Jimmy Forbis, City Administrator 2. Public Comment 3. Possible Action: Council consideration of accepting and displaying the Gilroy Sesquicentennial Time Capsule in the Gilroy City Hall. XI. CITY ADMINISTRATOR'S REPORTS XII. CITY ATTORNEY'S REPORTS XIII. CLOSED SESSION ADJOURNMENT MEETING DATES FUTURE MEETING DATES OCTOBER 2021 18* Regular Meeting - 6:00 p.m. 25* Special Meeting - Study Session – 6:00 p.m. City Council Regular Meeting Agenda 10/4/2021 Page7 NOVEMBER 2021 1* Regular Meeting - 6:00 p.m. 15* Regular Meeting - 6:00 p.m. DECEMBER 2021 6* Regular Meeting - 6:00 p.m. * meeting is webstreamed and televised City of Gilroy STAFF REPORT Agenda Item Title: Claim of Rebecca Rodriguez (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) Meeting Date: October 4, 2021 From: Jimmy Forbis, City Administrator Department: Human Resources Department Submitted By: LeeAnn McPhillips Prepared By: LeeAnn McPhillips Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, this claim is recommended for rejection. EXECUTIVE SUMMARY Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, the following claim is submitted to the City Council for rejection at the October 4, 2021 meeting: • Claim of Rebecca Rodriguez Attachments: 6.A Packet Pg. 8 1. Claim of Rebecca Rodriguez 6.A Packet Pg. 9 6.A.a Packet Pg. 10 Attachment: Claim of Rebecca Rodriguez (3472 : Claim of Rebecca Rodriguez) 6.A.a Packet Pg. 11 Attachment: Claim of Rebecca Rodriguez (3472 : Claim of Rebecca Rodriguez) City of Gilroy STAFF REPORT Agenda Item Title: Claim of E. P. & G. South Valley Plaza, LLC (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) Meeting Date: October 4, 2021 From: Jimmy Forbis, City Administrator Department: Human Resources Department Submitted By: LeeAnn McPhillips Prepared By: LeeAnn McPhillips Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, this claim is recommended for rejection. EXECUTIVE SUMMARY Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, the following claim is submitted to the City Council for rejection at the October 4, 2021 meeting: • Claim of E. P. & G. South Valley Plaza, LLC Attachments: 6.B Packet Pg. 12 1. Claim for E.P. & G. South Valley Plaza LLC 6.B Packet Pg. 13 6.B.a Packet Pg. 14 Attachment: Claim for E.P. & G. South Valley Plaza LLC (3473 : Claim of E. P. & G. South Valley Plaza, LLC) 6.B.a Packet Pg. 15 Attachment: Claim for E.P. & G. South Valley Plaza LLC (3473 : Claim of E. P. & G. South Valley Plaza, LLC) City of Gilroy STAFF REPORT Agenda Item Title: Claim of Theresa Deal (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) Meeting Date: October 4, 2021 From: Jimmy Forbis, City Administrator Department: Human Resources Department Submitted By: LeeAnn McPhillips Prepared By: LeeAnn McPhillips Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, this claim is recommended for rejection. EXECUTIVE SUMMARY Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, the following claim is submitted to the City Council for rejection at the October 4, 2021 meeting: • Claim of Theresa Deal Attachments: 6.C Packet Pg. 16 1. Claim of Theresa Deal 6.C Packet Pg. 17 6.C.a Packet Pg. 18 Attachment: Claim of Theresa Deal (3475 : Claim of Theresa Deal) 6.C.a Packet Pg. 19 Attachment: Claim of Theresa Deal (3475 : Claim of Theresa Deal) 6.C.a Packet Pg. 20 Attachment: Claim of Theresa Deal (3475 : Claim of Theresa Deal) City of Gilroy STAFF REPORT Agenda Item Title: Claim of The Vineyard Apartments (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) Meeting Date: October 4, 2021 From: Jimmy Forbis, City Administrator Department: Human Resources Department Submitted By: LeeAnn McPhillips Prepared By: LeeAnn McPhillips Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, this claim is recommended for rejection. EXECUTIVE SUMMARY Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, the following claim is submitted to the City Council for rejection at the October 4, 2021 meeting: • Claim of The Vineyard Apartments Attachments: 6.D Packet Pg. 21 1. Claim for The Vineyards Apartments 6.D Packet Pg. 22 6.D.a Packet Pg. 23 Attachment: Claim for The Vineyards Apartments (3474 : Claim of The Vineyard Apartments) 6.D.a Packet Pg. 24 Attachment: Claim for The Vineyards Apartments (3474 : Claim of The Vineyard Apartments) City of Gilroy STAFF REPORT Agenda Item Title: Adoption of an Ordinance Approving the Tenth and Chestnut Planned Unit Development Rezoning. Meeting Date: October 4, 2021 From: Jimmy Forbis, City Administrator Department: Planning Division (Planning Commission Meetings) Submitted By: Karen Garner Prepared By: Kraig Tambornini Kraig Tambornini Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services  Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Adopt an ordinance of the City Council of the City of Gilroy approving zone change application Z 20-04, a Planned Unit Development rezoning for the Tenth and Chestnut Commercial Planned Unit Development project. EXECUTIVE SUMMARY The ordinance of the City Council of the City of Gilroy approving zoning application Z 20-04, a commercial planned unit development for a 6.8 acre property at Tenth Street and Chestnut, was introduced by the City Council at its September 20, 2021 meeting by a unanimous vote of 6-0. 6.E Packet Pg. 25 The City Council is requested to adopt the attached ordinance consistent with its action on September 20, 2021 to adopt a mitigated negative declaration for the project, introduce the ordinance, and approve the related architectural and site review permit and tentative map entitlements, AS 20-14 and TM 20-03. Attachments: 1. Vicinity Map 2. Council Staff Report 09202021 3. CC Ordinance Z 20-04 4. CC Ord Z 20-04 Exhibit A 6.E Packet Pg. 26 6.E.a Packet Pg. 27 Attachment: Vicinity Map (3481 : Chestnut and Tenth Street Second Reading) Karen L. Garner DIRECTOR Community Development Department 7351 Rosanna Street, Gilroy, California 95020-61197 Telephone: (408) 846-0451 Fax (408) 846-0429 http://www.cityofgilroy.org DATE: September 2, 2021 TO: Planning Commission FROM: Kraig Tambornini, Senior Planner SUBJECT: Adoption of a Mitigated Negative Declaration; Approval of a Planned Unit Development Rezoning, Tentative Map, and Architectural and Site Review for the Tenth and Chestnut Commercial Project (aka, Laurel Square) RECOMMENDATION: Staff has analyzed the proposed project, and recommends that the Planning Commission (Roll Call Vote): a) Consider and recommend that the City Council adopt the Mitigated Negative Declaration prepared for the project, based on findin gs required by the California Environmental Quality Act (CEQA); b) Adopt a resolution recommending that the City Council approve the Z 20 -04 Planned Unit Development rezoning; c) Adopt a resolution recommending that the City Council approve Tentative Parcel Map TM 20-03, subject to certain findings and conditions; and d) Adopt a resolution recommending that the City Council approve Architectural and Site Review AS 20-14, subject to certain findings and conditions. BACKGROUND This item was continued from the August 19, 2021 meeting date to allow time for the City’s environmental consultant and staff to review and respond to the late submittal of a detailed comment on the environmental document. This report includes all comments and responses provided to date. Project Description: Evergreen Development Company, LLC submitted zoning applications Z 20-04, AS 20-14 & TM 20-03, for the Chestnut and Tenth Street Commercial Project (aka, Laurel Square), located at 401 and 405 East Tenth Street/401 and 411 Automall Parkway, and 450 E Ninth Street; APN’s: 841 66 010, 011, 014 & 6.E.b Packet Pg. 28 Attachment: Council Staff Report 09202021 (3481 : Chestnut and Tenth Street Second Reading) 2 015. Applicant: Alex Gonzalez, Evergreen Development Company, Inc./Owner: Eric J. Triolo. The project proposes the following: 1) demolition of the existing small commercial shopping complex in the C3 zone at the corner of Chestnut and Tenth Streets (Chestnut Square at 401 Automall Parkway) and existing industrial buildings on the adjacent CM zoned portion of the site, 2) rezone the entire project 6.8 acres from the Shopping Center (C3) and Commercial Industrial (CM) Zoning Districts to a Commercial/Planned Development (C3/PUD) District, 3) subdivide the site into six new parcels, and 4) redevelop the entire property with a planned commercial shopping center comprised of six parcels with shared access, parking and landscaping improvements. The request includes adoption of development and sign design standards for the commercial PUD, and construction of a five-story hotel with up to 120 rooms, a service station and convenience store, carwash, and three drive through restaurant uses. The following table summarizes proposed uses, building areas and lot sizes: Parcel Use Area (sf) Lot Size (ac.) A C store / Gas 3,700/6 Pumps 1.04 B Coffee Shop 2,200 0.76 C QSR1 3,500 1.02 D QSR2 (Chick Filet) 5,182 1.27 E Car Wash 3,600 1.02 F Hotel 66,500/120 Keys 1.73 TOTAL 84,682 6.84 acres The PUD proposes deviations from the C3 zoning development standards including setbacks, heights and signage as indicated in project plans, design guidelines and sign program documents (attached). The specific deviation requests are attached to this report and discussed further in the analysis section. PUD amenities are proposed, as required, that include adoption of site design standards intended to provide higher quality architecture and site planning, and incorporation of public art at the primary pedestrian entry into the site. A list of the proposed amenities is attached to this report. Subject Property and Surrounding Land Uses: The subject site is presently developed with a 10,850 square foot commercial center at the corner of E Tenth Street and Chestnut Street, a 10,200 square foot industrial trucking company building, 1,500 6.E.b Packet Pg. 29 Attachment: Council Staff Report 09202021 (3481 : Chestnut and Tenth Street Second Reading) 3 square foot office building and truck yard area. The project site is designate d as General Services Commercial in the General Plan and zoned Shopping Center Commercial (C3) (APNs 841-66-010 and -011) and Commercial Industrial (CM) (APNs 841-66-014 and -015). The general plan, zoning and land uses of the site and adjacent properties are as follows: LOCATION EXISTING LAND USE GENERAL PLAN ZONING Project Site Commercial/Light Industry General Services C3/CM North Industrial General Services CM South Commercial Center General Services C3 East Highway 101 NA NA West Commercial Center/Fire Station P/QP & General Services PF/C3 Environmental Assessment: In accordance with the City of Gilroy procedures for compliance with the California Environmental Quality Act (CEQA), the City has completed an Initial Study to determine whether the proposed project may have a significant adverse effect on the environment. On the basis of this study, the City has determined the project will not have a significant effect because of mitigation measures included in the project that have been agreed to by the project applicant. Therefore, a Mitigated Negative Declaration (MND) has been prepared and circulated for a 30 -day public review period in compliance with CEQA. The public review period began on June 25th and ended July 26th. The MND provides standard mitigation for potential Air Quality, Biological Resources, Cultural Resources, and Hazardous Materials impacts. Project specific Mitigation measures were identified for Greenhouse Gas Emissions, discussed in detail in Section 4.8 of the MND, summarized as follows: ➢ Greenhouse gas emissions: The General Plan 2040 EIR included a statement of overriding considerations for GHG emissions, and the project is consistent with the General Plan land use designation. However, the General Plan requires adoption o f a Climate Action Plan (CAP) as a mitigation of this impact, which would provide a program for reducing greenhouse gas emissions citywide. Until such a plan is adopted, the project must implement all feasible measures to mitigate its project specific impacts. GHG impacts are generated for this project primarily from vehicle emissions. In this case, the project will generate 1,166 metric tons of carbon emissions its first year of operations. Required bicycle, pedestrian, and energy efficient building design improvements would help to mitigate GHG. However, the project will also be required to purchase carbon offset credits each year, for the excess greenhouse gas emissions that remain (at least until the City adopts a CAP). The project did not generate unique traffic related impacts. Level of Service is used to 6.E.b Packet Pg. 30 Attachment: Council Staff Report 09202021 (3481 : Chestnut and Tenth Street Second Reading) 4 evaluate traffic impacts in the City General Plan. The project will provide necessary frontage improvements and pay traffic impact fees for off -site improvements required for new development. Vehicle Miles Traveled analysis was prepared pursuant to CEQA, which concluded the project would have a slight reduction on citywide VMT. This is because the new commercial development would reduce the average distance traveled to access services and employment. As a result, impacts are less than significant. Section 4.17 of the MND discussions Transportation impacts in detail. Response to Comments: Comments were received on the environmental document from Caltrans District 4, Valley Water, Patrick Flautt and a late comment from Lozeau Drury. Responses to these comments have been provided, which are attached to this report. In summary, the comments are as follows: • Caltrans identified standard concerns with impacts of development on highway operations and requirements for any work in state right of way. A copy of the response was emailed to the agency on August 19th. • Valley Water requested confirmation that buildings would be compliant with the sites 193-foot flood elevation. The project has been considered and conditioned accordingly to assure compliance with all local and state permitting and site development requirements. A copy of the City’s response was emailed to the agency on August 19th. • Patrick Flautt provides recommendations to support alternative modes of transportation to the site and to further bolster a reduction in vehicle miles traveled. A copy of the City response is provided with the agenda packet distribution. • Lozeau-Drury provides comments on the adequacy of the internal air quality in buildings, biological impacts expressly related to birds and transportation effects of the project. A copy of the City response is provided with the agenda packet distribution. Please refer to the comment letters for fullness of content, and the detailed responses provided by the City. The comments received, including the latest letter received from Lozeau-Drury, have been concluded to comprise typical responses or are minor in nature. As revised, no significant adverse environmental effects are anticipated to result from the proposed development of the site, which is in accordance with the 2040 General Plan land use designation, and the Planning Commission can make the necessary findings to adopt the MND. The responses to the comments are attached to this report for the Planning Commissioners to review and consider in recommending the MND to the City Council. ANALYSIS: General Plan Consistency: The City's General Plan designates the subject site for General Services Commercial land use, which is specifically intended for this type of commercial development. This designation allows a floor area ratio of 2.0 for commercial development and 4.0 for hotel development. The project building sizes are significantly below the allowable FAR. An analysis of key goals and policies, which pertain to the proposed zoning entitlements, are attached to this report. Zoning Compliance Discussion (Z 20-04): The project proposes a C3 PUD zone 6.E.b Packet Pg. 31 Attachment: Council Staff Report 09202021 (3481 : Chestnut and Tenth Street Second Reading) 5 district pursuant to Zoning Code Chapter 30.26. Rezoning is required to establish one zone district for the property and permit a 5-story hotel. The PUD allows up to 25 percent of land uses to deviate from the base district. In this case, a ll uses proposed on the site are allowed in the base C3 shopping center commercial district per Section 30.19.10(c)(1) Zoning 30.19 COMMERCIAL TABLES (codepublishing.com). Establishment of a PUD pursuant Zoning 30.26 PUD PLANNED UNIT DEVELOPMENT COMBINING DISTRICT (codepublishing.com) provides the applicant the opportunity to propose unique development standards, subject to approval of a development plan consistent with Section 30.50.50; which is adopted as an Architectural and Site Review Permit approval. The PUD proposes unique design standards and a project specific sign program for the development. To approve a PUD the project must offer amenities. These are discussed in the Architectural and Site Review analysis below. The projects proposed development standards as compared to the C3 base zoning, as follows: Commercial District Requirements Base C3 Standard Proposed C3 PUD Front* 41 50’ (Chestnut) Street Side* 31 17’ (E Tenth St) 8’-10” (E Ninth St) Building Height (Ft) 55 60 (Hotel) Number of Stories 4 5 (Hotel) Off-Street Parking (30.31.25a) 1/250 (Shopping Center) = 83* 1/Vacuum Stall (Carwash) = 14 1/Hotel Room plus 6 stalls = 126 Total: 199 required (*223 if employee parking is included) 266 Stalls - No Deviations Parking Dimensions (30.31.40) 9 x 18 Standard Dimension 25’ Backup Space 9x18 dimension and 25’ + drive aisle/backup – No Deviations Signs (30.37.50) 1.5 sf per building width 40 sf per menu board (80 sf max) 75 ft tall, 330sf Regional sign 14 ft tall, 200 sf Master SC Sign Price ID Monument Sign (2) 1.5 sf per building frontage 40 s per menu board (80 max) 75ft tall, 720 sf Regional Sign 16 ft tall and 7 ft tall Two MSC Signs Price ID combined with MSC*** 6.E.b Packet Pg. 32 Attachment: Council Staff Report 09202021 (3481 : Chestnut and Tenth Street Second Reading) 6 Commercial District Requirements Base C3 Standard Proposed C3 PUD Landscaping Min 21 ft from curb Min 8% of Site Trees at 20 ft on center 50sf Island per 12 stalls Min 5 ft wide planter Min 8 ft wide parking lot planter Min 17’ (Tenth St) Exceeds 8% Meets Tree Spacing Meets 50 sf island/12 stalls Meets 5’ Min Min 7’ clear interior landscape Tenth Street Policy Applies (copy attached, and discussed in AS review below) Incorporated into Design Criteria for the Center (attached) – No Deviations * Measured from face of curb for street frontages ** The parking calculation for shopping center provides more flexibility in change in tenants and uses. If parking were calculate for each individual use, a gas station requires 1 space per 400 sf plus 3 for employees and restaurant requires 1 space per 100sf plus employees, which would total 277 spaces (217 spaces plus 6 for hotel) required and shown on Site Plan Sheet A1. *** Deviations from the sign code are shown in the attached Laurel Square exhibit dated March 23, 2021 Staff recommends that the findings to support the C3PUD can be supported, as reflected in the resolution attached to this report and subject to conformance with the project plans and documents attached to this report. Tentative Map Compliance (TM 20-03): Pursuant to City Code Chapter 21 Subdivision and Land Development, the commercial subdivision requires City Council approval subject to review for compliance with zoning and public works standards. This includes review of required off-site improvements, infrastructure capacity, site layout and circulation, access and adequacy of easements. The Planning Commission shall approve a tentative map if it permits development allowed by the City code, and if the lot is not subject to severe hazards, including flooding. Pursuant to Section 21.41(a), the Tentative Map was distributed for consideration by various departments and utility agencies. Standard comments received are incorporated in the recommended conditions of approval. The property is not subject to unusual hazards or flooding. The site requires improvement to raise building pads up to 1.5 feet to meet the base flood elevation. Conditions of approval will require final grading and building plans to be designed to meet this requirement. Further, hydrologic review was completed that confirms the site will meet the standards for design to avoid flooding and provide adequate drainage (see MND Response to Comments). A geotechnical report has been prepared that confirms the suitability of the site for intended subdivision and development (MND appendix D). The lot layout is supported by parking and access easements, and each lot has frontage 6.E.b Packet Pg. 33 Attachment: Council Staff Report 09202021 (3481 : Chestnut and Tenth Street Second Reading) 7 and access to utilities. The driveway locations and designs have been reviewed and supported by Engineering, and discussed in the project Traffic Study included with the MND as appendix G. The project will include dedication of an additional 3 feet for right of way along Tenth Street to accommodate future widening. Based on this, staff concludes the findings for approval can be supported as reflected in the attached resolution. Architecture and Site Approval Discussion (A/S 20-14): Project review is required pursuant to Section 30.50.40 and 30.50.50 for commercial planned development. The project complies with the scope of review criteria as follows: a. Traffic Safety and Efficiency – The project has been designed with a common drive aisle through the site with adequately designed driveway approaches on Tenth, Chestnut and Ninth Street. b. Signs – The project includes a detailed sign program that would integrate with the center. The signage is consistent with regional shopping center signage approved within the City as part of similar PUD requests. c. Site Development – The buildings are placed with orientation inward and to the street frontages with outdoor gathering areas and walkways connecting development. A pleasing entry is proposed at the highly visible corner of the site which will include decorative paving, benches, and artwork. Further, utilities will be placed underground to the extent feasible, except for PG&E transformers and water check valves which will be painted and screened with landscaping. d. Landscaping – Street trees will be provided along the street frontages in compliance with the City street planting policy. A common landscaping program is implemented that will be maintained by a common business association. Further, landscaping shall include enhancement of rights of way in front of the project, including enhancement at the US 101 offramp as shone on a revised landscape detail for the area. e. Drainage and Flood Control – The site requires minor grading to meet the flood elevation requirements and all drainage will flow into city systems. On-site detention is incorporated into the landscape design. f. Fire Safety – Buildings will require sprinkler systems and hydrants are to be provided in compliance with City standards. The drive aisles have been designed to provide ladder truck access in compliance with fire code regulations. g. Environmental – A phase I site investigation has been completed and environmental review has concluded the site has no unique environmental constraints. h. Trash Enclosures – Covered trash enclosures are designed to integrate with the commercial architecture and have been reviewed by Recology as adequate. 6.E.b Packet Pg. 34 Attachment: Council Staff Report 09202021 (3481 : Chestnut and Tenth Street Second Reading) 8 i. Lighting – Lighting details are provided that include fixtures which will complement the architecture and direct lighting downward to avoid glare. A photometric plan shows low lighting levels of 6 foot-candles and less with no spillover off-site and with sufficient levels to provide for a sense of security and safety on pedestrian walkways and at entrances. j. Mechanical Equipment – Equipment will be screened from view on rooftops or behind decorative walls. k. Outdoor Storage – No outdoor storage is proposed. l. Tenth Street Policy - • Contemporary architecture is proposed with varied building walls and rooflines, as recommended by the policy. The plan would provide unique and varied designs that are pedestrian scaled, with gabled rooflines which are preferred. • Signage will be low profile and designed to complement the architectural style of the center. • The Material and Color palette consists of natural, high quality materials and a subdued and varied color palette. • Landscaping will enhance the project design and provide ample shade trees shown on the landscape plan will be distributed along the project frontage and in the parking lot to soften the site appearance and shade walkways and parking areas. • Building setbacks range from 8 to 50 feet, whereas 30 feet minimum is recommended. The reduced setbacks are considered acceptable and appropriate in this location to accommodate necessary road widening and as well to provide a more urban style of development that is pedestrian oriented. Landscaping along the frontages provides at least 15 feet minimum as required. m. PUD Requirements – In accordance with Gilroy City Code Section 30.50.50(d), nine required findings must all be supported for consideration of a planned unit development request. This includes, a) assuring conformance with the general plan, b) providing a use needed in the community, c) promoting an orderly and efficient development pattern, providing enhanced landscaping and d) providing high quality design. Staff has reviewed and recommends the project satisfies these base criteria for approval. An applicant must offer a higher standard of amenities for a PUD property beyond the normal course of development. Artwork has typically been requested in addition to high quality architectural design and landscaping details. The applicant has proposed following items to satisfy the PUD application: • A corner pedestrian entry feature at Tenth and Chestnut that includes a decorative sidewalk, benches, and trellises, and area for an art sculpture. • Generous and attractive outdoor dining areas. • Network of pedestrian sidewalks connecting all the buildings within the center. 6.E.b Packet Pg. 35 Attachment: Council Staff Report 09202021 (3481 : Chestnut and Tenth Street Second Reading) 9 • Convenient bike parking locations throughout the site. The project will also include enhanced paving at driveway entries. Staff has evaluated the PUD criteria and findings and supports project approval with the conditions included in the attached resolution. n. Habitat Permit – Development within the City is required to comply with the Santa Clara Valley Habitat Plan. This permit allows projects to mitigate for any unique impact on local wildlife and habitat. This site does not have any unique habitat value, but still must obtain a permit. Prior to site development, a habitat permit application will be required. In this case, the project is anticipated to require payment of nitrogen deposition impact fees for the increased trips generated by the development. This fee is used to acquire permanent open space in the County. Technical Advisory Committee (TAC): Project plans were routed to Engineering, Building, Police, and Fire representatives for internal review and comment. Comments and recommendations have been incorporated into the project plans and/or included as recommended conditions in attached resolution(s). Noticing: Property owner information (i.e. list, labels, and map) within 500 feet of the subject site were generated by a Title Company using current ownership data. On August 6th a notice of the Planning Commission hearing was published in the Gilroy Dispatch, and notices have been mailed to the property owners along within other interested parties. In addition, the property has been posted with on-site signage notifying passers-by of pending development. The Planning Commission public hearing packets are also available through the City's webpage. Appeal Procedure: The Planning Commission's action is not final, but rather a recommendation. As such, the City Council will consider the project at a later date. Attachments: 1. Vicinity Map 2. Architectural Plans 3. Landscape Plans 4. Revised Landscape Detail 5. Alta Survey 6. Photometric Plan 7. Tentative Map & Civil Plans 8. Starbucks Elevations 9. Chick Filet (QSR2) Elevations 10. Bluewave Carwash Plans 11. Hyatt Hotel Plans 12. Gilroy Center Design Guidelines 13. Gilroy Center Sign Program 14. Gilroy Center Sign Deviations 15. Zoning Deviations 6.E.b Packet Pg. 36 Attachment: Council Staff Report 09202021 (3481 : Chestnut and Tenth Street Second Reading) 10 16. Art Sculpture Concept 17. Chestnut and Tenth MND (Links) 18. MND Response to Comments 080621 19. MND Additional Response to Comments 20. Applicant Response to Comments 21. General Plan Compliance Table 22. Reso Z 20-04 23. Z 20-04 Exhibit A 24. Reso AS 20-14 Approval 25. AS 20-14, Att A Conditions of Approval 26. AS 20-14, Att B Mitigation Program 27. Reso TM 20-03 Approval 6.E.b Packet Pg. 37 Attachment: Council Staff Report 09202021 (3481 : Chestnut and Tenth Street Second Reading) REV 7/31/2018 -1- ORDINANCE NO. 2021-XX ORDINANCE NO. 2021-XX AN ORDINANCE OF THE GILROY CITY COUNCIL AMENDING THE CITY OF GILROY ZONING MAP AND ADOPTING A PLANNED UNIT DEVELOPMENT OVERLAY PURSUANT TO ARTICLE XXVI OF THE GILROY CITY CODE, TO ESTABLISH A COMMERCIAL PLANNED DEVELOPMENT C3/PUD ZONING DISTRICT FOR COMMERCIAL SHOPPING CENTER AND HOTEL DEVELOPMENT LOCATED AT TENTH AND CHESTNUT STREETS (APN’s: 841-66-010, 011, 014 AND 015), FILED BY EVERGREEN DEVELOPMENT COMPANY INC. FILE NUMBER Z 20-04, (20070021) WHEREAS, on May 6, 2021, an application filed on behalf and with the consent of the property owner Donald J. Triolo (Trustee for “The Triolo Revocable Living Trust” and agent for 450 East LLC), Evergreen Development Company Inc. was accepted as complete, requesting a planned development rezoning from the C3 and CM zoning districts to a C3 PUD zoning district for 6.8 acres of property located at 401 and 411 East Tenth Street (aka, Automall Parkway) and 450 East Ninth Street, between Chestnut Street and Hwy 101 Offramp; and WHEREAS, the project includes concurrent applications for vesting tentative map TM 20-03 (20070020) and architectural and site review AS 20-14 (20070017) which shall establish the project PUD development plan; and WHEREAS, an initial study/mitigated negative declaration and mitigation monitoring and reporting program have been prepared, with mitigation measures agreed to by the applicant made a part of the project, and recommended for adoption as the environmental document for the project in compliance with the California Environmental Quality Act; and WHEREAS, on September 2, 2021 the Planning Commission held a duly noticed public hearing at which time the Planning Commission received and considered the MND environmental document prepared for the project, together with the zone change request and related entitlements, the staff report, and all evidence received including written and oral public testimony related to the MND and project; and 6.E.c Packet Pg. 38 Attachment: CC Ordinance Z 20-04 (3481 : Chestnut and Tenth Street Second Reading) REV 7/31/2018 -2- ORDINANCE NO. 2021-XX WHEREAS, the City Council received and considered a staff report pertaining to Zoning Text Amendment file number Z 20-04; and WHEREAS, the City Council held a duly noticed public hearing on September 20, 2021, at which time the City Council took and considered written and oral public testimony, the staff report, and all other documentation related to application Z 20-04; and WHEREAS, the location and custodian of the documents or other materials that constitute the record of proceedings upon which Z 20-04 approval is based is the office of the City Clerk. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I The City Council finds pursuant to Gilroy Code Article XXVI (Planned Development Overlay), Article LII (Amendment to the Zoning Ordinance) and Section 30.50.50 (Planned Unit Development Approval) that: 1. The proposed Zoning Ordinance Amendment is consistent with the intent of the goals and policies of the City of Gilroy’s General Plan in that it would promote a cohesive redevelopment of property with a planned commercial development that includes a mix of desirable uses and promoting the General Services land use designation and relevant City policies; 2. The proposed Zoning Ordinance Amendment will not create any adverse environmental impacts in that the project site does not have any unique physical or environmental constraints that would preclude development as proposed and as anticipated by the City General Plan and zoning documents; 3. The proposed Zoning Ordinance Amendment will not be detrimental to the public peace, health, safety, morals, or welfare given that the property would be required to develop in accordance with an approved PUD development plan adopted pursuant to City Code Section 30.50.50, which has been requested and processed concurrently with this C3 PUD zoning amendment, that would assure all applicable codes and regulations are adhered to at time of development; and 4. The proposed Zoning Ordinance Amendment will not be detrimental to persons or property in the City given that the amendment would continue to allow commercial development of the site which is compatible with the surrounding shopping center commercial, commercial industrial and public facility uses adjacent to the site. 6.E.c Packet Pg. 39 Attachment: CC Ordinance Z 20-04 (3481 : Chestnut and Tenth Street Second Reading) REV 7/31/2018 -3- ORDINANCE NO. 2021-XX SECTION II Zoning Ordinance Text Amendment file number Z 20-04 is hereby approved as shown on the attached Zoning Change Exhibit “A” and subject to adoption of the Planned Unit Development Permit AS 20-14, which may be amended from time to time in accordance with the City Code. SECTION III If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby. SECTION IV Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption. PASSED AND ADOPTED this __ day of ____ , 2021 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: Marie Blankley, Mayor ATTEST: LeeAnn McPhillips, Interim City Clerk 6.E.c Packet Pg. 40 Attachment: CC Ordinance Z 20-04 (3481 : Chestnut and Tenth Street Second Reading) 6.E.dPacket Pg. 41Attachment: CC Ord Z 20-04 Exhibit A (3481 : Chestnut and Tenth Street Second Reading) 1 City Council Meeting Minutes 09/20/2021 City of Gilroy City Council Meeting Minutes September 20, 2021 REGULAR MEETING - 6:00 P.M. I. OPENING A. Call to Order The meeting was called to order at 6:00 PM by Mayor Marie Blankley. 1. Pledge of Allegiance Council Member Tovar led the pledge of allegiance. 2. Invocation The invocation was given by Malcolm MACphail from New Hope Church. 3. City Clerk's Report on Posting the Agenda Management Assistant Ruiz announced that the agenda had been posted on Wednesday, September 15th at 4:07 p.m. Attendee Name Title Status Arrived Marie Blankley Mayor Present 5:37 PM Rebeca Armendariz Council Member Present 5:41 PM Dion Bracco Council Member Present 5:32 PM Zach Hilton Council Member Excused Peter Leroe-Muñoz Council Member Present 4:37 PM Carol Marques Council Member Present 4:37 PM Fred Tovar Council Member Present 7:33 PM INTERVIEWS 1. Interviews to Fill Four Seats on the Youth Commission With Terms Ending September 30, 2023 Youth Commission applicants present: Aiden Francis, Diego Garcia, Isaac Hwang, Lavender Hwang, Ezequiel Lopez, Alexis Miller, and Neivedly Zavala. C. Orders of the Day There were none. D. Employee Introductions Administrative Services/HR Director/Risk Manager McPhillips introduced new employee: Valentin Lozaro Fleet Mechanic in Public Works. II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations 6.F Packet Pg. 42 Communication: 9-20-21 City Council Meeting Minutes (CONSENT CALENDAR (ROLL CALL VOTE)) 2 City Council Meeting Minutes 09/20/2021 III. PRESENTATIONS TO THE COUNCIL Public comments were received by Vanessa Ashford, Hazel Quintero, Isabella Santos, Marty Estrada, Xavier Garcia, Robert H. Weaver, Karen La Corte, Linda Pulido, Carol Peters, Valentin Lopez, Amanda Rudeen, Linda Piceño, Kathy Chavez Napoli, Reymundo Armendariz, Michelle Wexler, KC Adams, Guadalupe Arellano, Tina Chavarria, Miguel Correa, Sally Armendariz, Ron Kirkish, Phil Laursen, Eric Howard, Kelaia Acevedo, Guillermo Suarez regarding the gifted Time Capsule from September 13th City Council meeting. Emailed public comments received from Retired Mayor Don Gage, Jan Guffey, Laura Wrede. IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco - No report. Council Member Armendariz - No report. Council Member Marques - No report. Council Member Hilton - Excused Absent. Council Member Tovar - No report. Council Member Leroe-Muñoz - No report. Mayor Blankley - No report. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Mayor Blankley proposed that staff bring back a policy regarding acceptance of gifts for public display to ensure inclusion and diversity are incorporated. In addition, Council Member Leroe-Munoz proposed that the policy also consider an additional separate art piece to accompany the time capsule. Council directed staff to return with a staff report that would initiate a discussion on the following three items: 1. Gift acceptance policy that considers diversity and inclusion in the artwork to be displayed 2. Staff to provide an additional piece of artwork to accompany the 150th time capsule 3. Policy that addresses inclusion and equity on all boards & commissions Vote Passes: 6-0-0-1 (Hilton absent) Council Member Armendariz directed staff to agenize the discussion of temporarily removing the time capsule from Council Chambers. Vote Passes: 4-2-0-1 (No: Blankley and Bracco, Hilton absent) VI. CONSENT CALENDAR (ROLL CALL VOTE) 6.F Packet Pg. 43 Communication: 9-20-21 City Council Meeting Minutes (CONSENT CALENDAR (ROLL CALL VOTE)) 3 City Council Meeting Minutes 09/20/2021 RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Muñoz, Council Member SECONDER: Dion Bracco, Council Member AYES: Blankley, Armendariz, Bracco, Leroe-Muñoz, Marques, Tovar ABSENT: Zach Hilton A. Approve an Amendment and Novation Agreement between Municipal Resource Consultants and MuniSevices, LLC.; and Adopt Resolution 2021- 50 Authorizing Examination of Sales and Use Tax Records B. 9-13-21 City Council Meeting Minutes VII. BIDS AND PROPOSALS - NONE VIII. PUBLIC HEARINGS A. Adoption of a Mitigated Negative Declaration; Approval of a Planned Unit Development Rezoning, Tentative Map, and Architectural and Site Review for the Tenth and Chestnut Commercial Project (aka, Laurel Square) Senior Planner Kraig Tambornini presented the report. Disclosure of Ex-Parte Communication - None. Public Hearing was opened. Public comment was received by Guadalupe Arrellano. Public Hearing was closed. Applicant Alex Gonzalez and Rod Collins spoke. Possible Action: a) Motion was made by Council Member Bracco, seconded by Council Member Tovar to adopt, by resolution 2021-51, the Mitigated Negative Declaration prepared for the project with findings required by the California Environmental Quality Act (CEQA). Motion Passes: 6-0-0-1 (Hilton absent) 6.F Packet Pg. 44 Communication: 9-20-21 City Council Meeting Minutes (CONSENT CALENDAR (ROLL CALL VOTE)) 4 City Council Meeting Minutes 09/20/2021 Possible Action: Staff and the Planning Commission analyzed the proposed project and recommend the City Council: a) Adopt, by resolution, the Mitigated Negative Declaration prepared for the project with findings required by the California Environmental Quality Act (CEQA); b) Introduce an ordinance to approve Z 20-04 Planned Unit Development rezoning; c) Adopt a resolution to approve Tentative Parcel Map TM 20-03, with findings and conditions; and d) Adopt a resolution to approve Architectural and Site Review AS 20- 14, with findings and conditions. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Fred Tovar, Council Member AYES: Blankley, Armendariz, Bracco, Leroe-Muñoz, Marques, Tovar ABSENT: Zach Hilton x Adoption of a Mitigated Negative Declaration; Approval of a Planned Unit Development Rezoning, Tentative Map, and Architectural and Site Review for the Tenth and Chestnut Commercial Project (aka, Laurel Square) Possible Action: b) Motion was made by Council Member Tovar, seconded by Council Member Bracco introduce Ordinance 2021-04 to approve Z 20-04 Planned Unit Development rezoning. Motion Passes: 6-0-0-1 (Hilton absent) Possible Action: Staff and the Planning Commission analyzed the proposed project and recommend the City Council: a) Adopt, by resolution, the Mitigated Negative Declaration prepared for the project with findings required by the California Environmental Quality Act (CEQA); b) Introduce an ordinance to approve Z 20-04 Planned Unit Development rezoning; c) Adopt a resolution to approve Tentative Parcel Map TM 20-03, with findings and conditions; and d) Adopt a resolution to approve Architectural and Site Review AS 20- 14, with findings and conditions. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Dion Bracco, Council Member AYES: Blankley, Armendariz, Bracco, Leroe-Muñoz, Marques, Tovar EXCUSED: Zach Hilton x Adoption of a Mitigated Negative Declaration; Approval of a Planned Unit Development Rezoning, Tentative Map, and Architectural and Site Review for the Tenth and Chestnut Commercial Project (aka, Laurel Square) 6.F Packet Pg. 45 Communication: 9-20-21 City Council Meeting Minutes (CONSENT CALENDAR (ROLL CALL VOTE)) 5 City Council Meeting Minutes 09/20/2021 Possible Action: c) Motion was made by Council Member Bracco, seconded by Council Member Tovar to adopt Resolution 2021-52 to approve Tentative Parcel Map TM 20-03, with findings and conditions. Motion Passes: 6-0-0-1 (Hilton Absent) Possible Action: Staff and the Planning Commission analyzed the proposed project and recommend the City Council: a) Adopt, by resolution, the Mitigated Negative Declaration prepared for the project with findings required by the California Environmental Quality Act (CEQA); b) Introduce an ordinance to approve Z 20-04 Planned Unit Development rezoning; c) Adopt a resolution to approve Tentative Parcel Map TM 20-03, with findings and conditions; and d) Adopt a resolution to approve Architectural and Site Review AS 20- 14, with findings and conditions. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Fred Tovar, Council Member AYES: Blankley, Armendariz, Bracco, Leroe-Muñoz, Marques, Tovar EXCUSED: Zach Hilton x Adoption of a Mitigated Negative Declaration; Approval of a Planned Unit Development Rezoning, Tentative Map, and Architectural and Site Review for the Tenth and Chestnut Commercial Project (aka, Laurel Square) Possible Action: d) Motion was made by Council Member Tovar, seconded by Council Member Bracco to adopt Resolution 2021-53 to approve Architectural and Site Review AS 20-14, with findings and conditions. Motion Passes: 6-0-0-1 (Hilton absent) 6.F Packet Pg. 46 Communication: 9-20-21 City Council Meeting Minutes (CONSENT CALENDAR (ROLL CALL VOTE)) 6 City Council Meeting Minutes 09/20/2021 Possible Action: Staff and the Planning Commission analyzed the proposed project and recommend the City Council: a) Adopt, by resolution, the Mitigated Negative Declaration prepared for the project with findings required by the California Environmental Quality Act (CEQA); b) Introduce an ordinance to approve Z 20-04 Planned Unit Development rezoning; c) Adopt a resolution to approve Tentative Parcel Map TM 20-03, with findings and conditions; and d) Adopt a resolution to approve Architectural and Site Review AS 20- 14, with findings and conditions. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Dion Bracco, Council Member AYES: Blankley, Armendariz, Bracco, Leroe-Muñoz, Marques, Tovar EXCUSED: Zach Hilton IX. UNFINISHED BUSINESS A. Unhoused Ad Hoc Committee Recommendations Implementation Report Senior Management Analyst Atkins presented the report. Public comment was opened. Public comment was received from Ron Kirkish. Public comment was closed. No action required; receive report. Possible Action: Receive report. X. INTRODUCTION OF NEW BUSINESS A. Appointment to Planning Commission Motion was made Council Member Armendariz, seconded by Council Member Marques to appoint Stefanie Elle as the new Planning Commissioner. Public comment was opened. There were no public comments. Public comment was closed. Motion Passes: 6-0-0-1 (Hilton absent) 6.F Packet Pg. 47 Communication: 9-20-21 City Council Meeting Minutes (CONSENT CALENDAR (ROLL CALL VOTE)) 7 City Council Meeting Minutes 09/20/2021 Possible Action: Consideration of appointment to vacant seat on the Planning Commission RESULT: APPROVE [UNANIMOUS] MOVER: Rebeca Armendariz, Council Member SECONDER: Carol Marques, Council Member AYES: Blankley, Armendariz, Bracco, Leroe-Muñoz, Marques, Tovar EXCUSED: Zach Hilton B. Adoption of a Resolution of the City Council of the City of Gilroy Establishing the City's Suicide Prevention Policy City Administrator Forbis presented the report. Public comment was opened. There were no public comments. Public comment was closed. Discussion was held. Motion Passes: 6-0-0-1 (Hilton absent) Possible Action: Council adopt Resolution 2021-54. RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Muñoz, Council Member SECONDER: Carol Marques, Council Member AYES: Blankley, Armendariz, Bracco, Leroe-Muñoz, Marques, Tovar ABSENT: Zach Hilton C. Consideration of Updating the City of Gilroy's Flag Flying Policy City Administrator Forbis presented the report. Public comment was opened. Public comments were received by Tracey Hill, Tom Larkin, Eric Howard, Kim Sullivan, and Ron Kirkish. Public comment was closed. Discussion was held. Council provided direction on the Flag Flying Policy and directed staff: 1. To keep the application process to once per year. 2. To have the application accompanied by signatures. 3. To obtain 150 signatures from Gilroy residents, ages18 and older. 4. City Staff time should be limited to processing the application, purchasing the flag, announcing and lowering/raising of the flag. 5. To maintain one flag at a time. 6.F Packet Pg. 48 Communication: 9-20-21 City Council Meeting Minutes (CONSENT CALENDAR (ROLL CALL VOTE)) 8 City Council Meeting Minutes 09/20/2021 Possible Action: Council provide direction. XI. CITY ADMINISTRATOR'S REPORTS No report. XII. CITY ATTORNEY'S REPORTS City Attorney Faber briefly mentioned there will be a training at a future meeting regarding legislation focusing on SB8, SB9, SB10, and AB361. XIII. CLOSED SESSION - NONE ADJOURNMENT Mayor Blankley adjourned the meeting at 9:05 p.m. MEETING DATES FUTURE MEETING DATES OCTOBER 2021 4* Regular Meeting - 6:00 p.m. 18* Regular Meeting - 6:00 p.m. NOVEMBER 2021 1* Regular Meeting - 6:00 p.m. 15* Regular Meeting - 6:00 p.m. DECEMBER 2021 6* Regular Meeting - 6:00 p.m. * meeting is webstreamed and televised /s/ LeeAnn McPhillips Interim City Clerk 6.F Packet Pg. 49 Communication: 9-20-21 City Council Meeting Minutes (CONSENT CALENDAR (ROLL CALL VOTE)) City of Gilroy STAFF REPORT Agenda Item Title: Public Hearing for the 2020 Urban Water Management Plan and 2020 Water Shortage Contingency Plan Meeting Date: October 4, 2021 From: Jimmy Forbis, City Administrator Department: Public Works Department Submitted By: Daryl Jordan Prepared By: Gary Heap Gary Heap Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Conduct Public Hearing and Receive Public Comment on the 2020 Urban Water Management Plan and 2020 Water Shortage Contingency Plan EXECUTIVE SUMMARY The Urban Water Management Plan (UWMP) is a document that is required to be updated every five years. The City’s Water Shortage Contingency Plan (WSCP) was originally included in the 2015 UWMP, which received letters of review and completeness from the Department of Water Resources. As part of amendments to the Urban Water Management Plan Act (UWMPA) the WSCP is now required to be prepared and adopted separately from the UWMP. The 2020 WSCP builds upon previous water shortage contingency planning efforts completed by the City and reflects 8.A Packet Pg. 50 updates to the City’s water shortage levels and water conservation measures for consistency with state-wide requirements provided by the Department of Water Resources. BACKGROUND The City of Gilroy, as a water supplier, must submit an Urban Water Management Plan (UWMP) to the Department of Water Resources (DWR) in accordance with California Water Code requirements. The purpose of the UWMP is to review and maintain the reliability of urban water supplies, ensure that future beneficial u se can be complemented by sufficient water supply, continue to promote policies and programs that benefit water conservation and provide a means for response during water supply shortages and drought conditions. In addition to being filed every five years, the UWMP must satisfy requirements defined in the Urban Water Management Planning Act (UWMPA) of 1983 and any amendments thereof. Since passage of the UWMPA, there have been more than 20 amendments to the Act. According to the UWMPA, an UWMP must be prepared by an urban water supplier that supplies over 3,000 acre-feet (AF) of water a year, or services 3,000 or more connections. The City of Gilroy currently pumps approximately 8,271-acre feet per year to supply over 15,200 service connections. It is very important to note that as a Water Retailer the City relies on the Santa Clara Valley Water District (Valley Water) to provide supply data for the City’s UWMP. Valley Water serves as the water wholesaler and the ground water management agency and is responsible for providing water supply to the City as a water retailer. Consequently, the City must utilize data provided by Valley Water to develop the supply projections. Valley Water’s 2020 UWMP was approved in June 2021. The City has contracted with Akel Engineering for water system planning services. Akel is a highly experienced firm and has a very strong understanding of the City’s water system. Akel also provides similar services for the City of Morgan Hill and has significant experience with the water supply in the South County as well as long-time experience in working with Valley Water. HIGHLIGHTS OF THE 2020 UWMP Water Supply The City currently uses local groundwater as the sole source of water supply and does not purchase or import water from any other water suppliers or entities. It extracts its water from the Llagas subbasin. This subbasins is monitored and addressed by the Valley Water District. The January 2021 Groundwater Condition Report from Valley Water notes that groundwater levels were about 13 feet lower than the 5-year average in the Llagas subbasin. The volume pumped for 2020 from the Llagas subbasins is 8,271 acre-feet (AF). 8.A Packet Pg. 51 There are currently nine existing groundwater wells located throughout the City. The combined capacity of these wells is approximately 18.5 mgd.; its firm capacity, calculated as the total capacity excluding the largest well, is approximately 15.5 mgd. The existing firm capacity can meet the City’s current demands. The projected water supply capacity in this report is calculated from annual natural recharge at Llagas subbasin of the Gilroy-Hollister Groundwater Basin of the Santa Clara subbasin. Supply Reliability AB2242 (2018) requires an urban water supplier to include in its UWMP an assessment of the reliability of its water service to customers during normal, dry, and multiple dry years. In addition to assessing supply and demands, the UWMP also considers the reliability of the water supply and vulnerability to seasonal or climatic changes. The reliability assessment includes a comparison of projected water use versus expected water supply for the next 25 years. The UWMP considers three types of climatic conditions as described below: 1. Average Water Year – The average water year is a year that represents the median runoff levels from precipitation as well as the same general pattern of runoff. The supply quantities would be like historical average supplies. 2. Single Dry Year – The single dry year is defined as the individual year with the lowest usable water supply. This condition can be derived as the year with the lowest annual supply and is represented by the year 1977. 3. Five-Consecutive-Year Drought – The five-consecutive-year drought is defined as the five consecutive years with the lowest usable water supply. The multiple dry years are detrimental to the water supply system because of their adverse effect on the levels of local and state-wide reservoirs, as well as groundwater levels. Available supply for these conditions is constituted as the minimum historical yields for a running average of five years. Consistent with the Valley Water 2020 UWMP, the period between 1988 and 1992 was selected to represent the five-consecutive-year drought. The reduced supply volumes are compared with the projected demands out to 2045. Water Supply Source Projected Water Supply 2025 2030 2035 2040 2045 (AF) (AF) (AF) (AF) (AF) Groundwater 22,000 22,000 22,000 22,000 22,000 Recycled Water 1,673 2,069 2,464 2,464 2,464 23,673 24,069 24,464 24,464 24,464 8.A Packet Pg. 52 Single Dry Year Supply and Demand Comparison 2025 (AF) 2030 (AF) 2035 (AF) 2040 (AF) 2045 (AF) Supply 19,273 19,669 20,064 20,064 20,064 Demand 10,319 11,383 12,498 13,273 14,109 Difference 8,954 8,286 7,566 6,791 5,955 Multiple Dry Years Supply and Demand Comparison 2025 (AF) 2030 (AF) 2035 (AF) 2040 (AF) 2045 (AF) Supply 18,833 19,229 19,624 19,624 19,624 First year Demand 10,319 11,383 12,498 13,273 14,109 Difference 8,514 7,846 7,126 6,351 5,515 Supply 19,933 20,329 20,724 20,724 20,724 Second Demand 10,319 11,383 12,498 13,273 14,109 year Difference 9,614 8,946 8,226 7,451 6,615 Supply 18,613 19,009 19,404 19,404 19,404 Third year Demand 10,319 11,383 12,498 13,273 14,109 Difference 8,294 7,626 6,906 6,131 5,295 Supply 18,833 19,229 19,624 19,624 19,624 Fourth year Demand 10,319 11,383 12,498 13,273 14,109 Difference 8,514 7,846 7,126 6,351 5,515 Supply 18,613 19,009 19,404 19,404 19,404 Fifth year Demand 10,319 11,383 12,498 13,273 14,109 Difference 8,294 7,626 6,906 6,131 5,295 Conservation Targets Senate Bill X7-7 (SBX7-7) was approved by the Governor of California on November 10, 2009, requiring urban water suppliers to set target goals for water conservation, which were to be achieved by the year 2020. These goals were referred to as the “20X2020” goals and included reducing per capita consumption by 20 percent by the year 2020. 8.A Packet Pg. 53 The evaluation of a supply source or storage needs for future growth is commonly achieved by evaluating past water consumption on a per person basis. The future needs of the supply source can then be evaluated by applying the per capita consumption rate, expressed as gallons per capita per day (gpcd), to the projected population. The City, from 1980 to 2000, had an average gpcd of 173. As documented in the 2010 UWMP, conservation efforts were successful in lowering water consumption rates per capita, with the average from 2001 to 2010 dropping to approximately 160 gpcd. Continued conservation efforts were successful in lowering the water consumption rates even further, with the per capita water consumption rate equal to 113 gpcd in 2015, and 130 gpcd in 2020. Due to ongoing water conservation policies and practices within the City’s service area, the 2020 per capita water demand target has been achieved. Water Shortage Contingency Plan The City’s Water Shortage Contingency Plan (WSCP) is a separately adopted planning document that most notably outlines levels of water shortage conditions, demand reduction methods to be implemented in the event of a water shortage, and the process the City will implement to perform an annual Supply and Demand assessment. The requirement to develop a separate WSCP outside the UWMP is new and this will be the first time the WSCP is created as a separate document for the City. The WSCP was previously included as a chapter in the UWMP. One key purpose of this separation is to allow the WSCP to be updated more frequently than the 5-year cycle of the UWMP. The WSCP also includes discussion of the City’s communication protocols during a water shortage, methods of determining compliance and enforcing water use prohibitions, estimating the financial consequences of a water shortage, and the methods the City has in place to monitor and report the effectiveness of any water demand reduction methods implemented. The City adopted its conservation ordinance for water waste prevention on August 2, 2021 and declared a level 2 water restriction, which reduces the number of days to irrigate from 3 to 2 days per week. In the face of increasing drought conditions, City staff is recommending that the WSCP be separated into 6 levels to allow for additional actions to be taken as drought conditions impact the City and region. These actions are included in the table below. Water Shortage Contingency Plan Levels Shortage Level Percent Supply Shortage/ Reduction Gilroy Shortage Level Valley Water Shortage Level Title Water Supply Condition Level 0 None Normal Normal Permanent water conservation requirements are effective at all times 8.A Packet Pg. 54 Level 1 Up to 10% Alert Alert Water Supply Shortage exists when City Council determines and agrees that up to 10% consumer demand reduction is necessary to make more efficient use of water. Level 2 11 to 20% Significant Severe Water Supply Shortage exists when City Council determines and agrees that 11% ‐ 20% consumer demand reduction is necessary to make more efficient use of water. Level 3 21 to 30% Severe Critical Water Supply Shortage exists when City Council determines and agrees that 21% ‐ 30% consumer demand reduction is necessary to make more efficient use of water. Level 4 31 to 40% Critical Critical Water Supply Shortage exists when City Council determines and agrees that 31% ‐ 40% consumer demand reduction is necessary to make more efficient use of water. Level 5 41 to 50% Crisis Emergency Water Supply Shortage exists when City Council determines and agrees that 41% ‐ 50% consumer demand reduction is necessary to make more efficient use of water. Level 6 > 50% Emergency Emergency Water Supply Shortage is referred to as Water Shortage Emergency, and exists when City Council determines and agrees that a consumer demand reduction of greater than 50% is necessary to maintain public water supplies. FISCAL IMPACT Funding for development of the UWMP and WSCP is through the Water Fund (720). NEXT STEPS Following this review by the City Council, the draft UWMP will be placed before Council for adoption at its October 18th meeting. Additionally, this winter, City staff will be bringing forward to the Council an update to the Water System Master Plan. PUBLIC OUTREACH The UWMPA requires that the adopted UWMP demonstrate the water agency solicited public participation. In accordance with the stated law, the City will hold a public hearing for members of the community to provide comments, learn about existing and future water supplies of the City, and raise concerns towards the plan. A notice of the public hearing was published in the local newspaper on September 3, 2021and September 10, 2021, notifying interested parties that the draft 2020 UWMP was 8.A Packet Pg. 55 available at various City facilities and on the City’s web page (www.cityofgilroy.org) for review two successive weeks prior to adoption, which is scheduled on October 18, 2021. Attachments: 1. Urban Water Management Plan - Public Review Draft 2. Water Shortage Contingency Plan - Public Review Draft 8.A Packet Pg. 56 2020 Urban WaterManagement Plan City of Gilroy DRAF T 8.A.a Packet Pg. 57 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 2020 URBAN WATER MANAGEMENT PLAN Draft August 2021 CITY OF GILROY 8.A.a Packet Pg. 58 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 7433 NORTH FIRST STREET, SUITE 103 • FRESNO, CALIFORNIA 93720 • (559) 436-0600 • FAX (559) 436-0622 www.akeleng.com Smart Planning Our Water Resources July 21, 2021 City of Gilroy 7351 Rosanna Street Gilroy California, 95020 Attention: Gary Heap, P.E., City Engineer Subject: 2020 Urban Water Management Plan Dear Gary: We are pleased to submit the City of Gilroy 2020 Urban Water Management Plan (2020 UWMP) which is intended to address the Urban Water Management Planning Act (UWMPA) of 1983 and amendments thereof. The City’s 2015 UWMP received letters of review and completeness from the Department of Water Resources. This 2020 UWMP addresses additional amendments to the UWMPA and new guidelines established by the Department of Water Resources, including a 2020 Water Shortage Contingency Plan (2020 WSCP), as a separate document. Water supply reliabilities and demands are projected through a planning horizon of 2045. We extend our thanks to you; Daryl Jordan, Public Works Director; Jeff Castro, Operation Services Supervisor-Water Division; Jorge Duran, Senior Engineer; Faranak Mahdavi, Senior Engineer Capital Improvement Projects; and other City staff whose courtesy and cooperation were valuable in reviewing and completing this study. Sincerely, AKEL ENGINEERING GROUP, INC. Tony Akel, P.E. Principal Enclosure: 2020 Urban Water Management Plan 8.A.a Packet Pg. 59 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 City of Gilroy 2020 Urban Water Management Plan Contact Sheet Date this plan was submitted to the Department of Water Resources: Name of Person(s) preparing this plan: Gary Heap, P.E., City Engineer City of Gilroy Phone: (408) 846-0450 Fax: (408) 846-0429 Email: gary.heap@ci.gilroy.ca.us Tony Akel, P.E., Project Manager Akel Engineering Group, Inc. Phone: (559) 436-0600 Fax (559) 436-0622 Email: takel@akeleng.com The Water supplier is a Municipality The Water supplier is a Retailer Utility Services provided by the water supplier include: Water, Sewer, Recycled Water Is this Agency a Bureau of Reclamation Contractor? No Is this Agency a State Water Project Contractor? No 8.A.a Packet Pg. 60 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 Acknowledgements City Council Marie Blankley, Mayor Fred Tovar, Mayor Pro Tempore Rebeca Armendariz Dion Brocco Zach Hilton Peter Leroe-Munoz Carol Marques Management Personnel Gary Heap, City Engineer Daryl Jordan, Public Works Director Jeff Castro, Operation Services Supervisor-Water Division Jorge Duran, Senior Engineer Faranak Mahdavi, Senior Engineer Capital Improvement Projects 8.A.a Packet Pg. 61 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 i City of Gilroy 2020 Urban Water Management Plan City of Gilroy 2020 Urban Water Management Plan Table of Contents Page No. 1.0 CHAPTER 1 – INTRODUCTION AND OVERVIEW ............................................................... 1-1 1.1 BACKGROUND AND PURPOSE ................................................................................. 1-1 1.2 URBAN WATER MANAGEMENT PLANNING AND THE CALIFORNIA WATER CODE .......................................................................................................................... 1-2 1.3 URBAN WATER MANAGEMENT PLANS IN RELATION TO OTHER PLANNING EFFORTS ..................................................................................................................... 1-3 1.4 REPORT ORGANIZATION ........................................................................................... 1-3 1.5 PUBLIC PARTICIPATION AND PLAN ADOPTION ...................................................... 1-5 1.6 UWMP AND GRANT OR LOAN ELIGIBILITY .............................................................. 1-5 1.7 PREVIOUS URBAN WATER MANAGEMENT PLANS ................................................ 1-6 2.0 CHAPTER 2 – PLAN PREPARATION ................................................................................... 2-1 2.1 BASIS FOR PREPARING A PLAN ............................................................................... 2-1 2.2 REGIONAL PLANNING ................................................................................................ 2-1 2.3 INDIVIDUAL OR REGIONAL PLANNING AND COMPLIANCE ................................... 2-2 2.4 FISCAL OR CALENDAR YEAR AND UNITS OF MEASURE ....................................... 2-2 2.5 COORDINATION AND OUTREACH ............................................................................ 2-2 3.0 CHAPTER 3 – SYSTEM DESCRIPTION ................................................................................ 3-1 3.1 GENERAL DESCRIPTION ........................................................................................... 3-1 3.1.1 Location ........................................................................................................... 3-1 3.1.2 Water Service Area .......................................................................................... 3-1 3.1.3 Land Use .......................................................................................................... 3-1 3.1.4 Socioeconomic Conditions ............................................................................... 3-6 3.2 CLIMATE DATA ............................................................................................................ 3-6 3.2.1 Historic Climate Data ....................................................................................... 3-6 3.2.2 Climate Change ............................................................................................... 3-7 3.3 SERVICE AREA POPULATION AND DEMOGRAPHICS ............................................ 3-8 4.0 CHAPTER 4 – SYSTEM WATER USE ................................................................................... 4-1 4.1 RECYCLED VERSUS POTABLE AND RAW WATER DEMAND ................................. 4-1 4.2 WATER USES BY SECTOR ......................................................................................... 4-1 4.2.1 Historical Water Use ........................................................................................ 4-1 4.2.2 Projected Water Use ........................................................................................ 4-3 4.2.3 Maximum Day Demand ................................................................................... 4-5 4.3 DISTRIBUTION SYSTEM WATER LOSSES ................................................................ 4-5 4.4 ESTIMATING FUTURE WATER SAVINGS .................................................................. 4-6 4.4.1 Active Conservation Program Savings ............................................................ 4-6 4.4.2 Passive Water Savings .................................................................................... 4-7 4.5 WATER USE FOR LOWER INCOME HOUSEHOLDS ................................................ 4-8 4.6 CLIMATE CHANGE ...................................................................................................... 4-8 5.0 CHAPTER 5 – BASELINES AND TARGETS ......................................................................... 5-1 5.1 BASELINE AND TARGETS .......................................................................................... 5-1 5.2 BASELINE PERIODS ................................................................................................... 5-1 8.A.a Packet Pg. 62 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 ii City of Gilroy 2020 Urban Water Management Plan City of Gilroy 2020 Urban Water Management Plan Table of Contents Page No. 5.2.1 Determination of the 10-15 Year Baseline Period (Baseline GPCD) ............... 5-2 5.2.2 Determination of the 5-year Baseline Period (Target Confirmation) ................ 5-2 5.3 SERVICE AREA POPULATION ................................................................................... 5-3 5.4 GROSS WATER USE ................................................................................................... 5-4 5.5 BASELINE DAILY PER CAPITA WATER USE ............................................................ 5-8 5.6 2020 FINAL TARGETS ................................................................................................. 5-9 5.6.1 5-YEAR BASELINE – 2020 TARGET CONFIRMATION .................................. 5-10 5.7 2020 COMPLIANCE DAILY PER CAPITA WATER USE ............................................. 5-10 5.8 REGIONAL ALLIANCE ................................................................................................. 5-11 6.0 CHAPTER 6 – SYSTEM SUPPLIES ....................................................................................... 6-1 6.0 PURCHASED OR IMPORTED WATER ....................................................................... 6-1 6.1 GROUNDWATER ......................................................................................................... 6-1 6.1.1 Basin Description ............................................................................................. 6-1 6.1.1.1 Groundwater Basin ........................................................................ 6-1 6.1.1.2 Basin Boundaries ........................................................................... 6-3 6.1.1.3 Groundwater Studies ..................................................................... 6-3 6.1.1.4 Subsurface Geologic Conditions .................................................... 6-3 6.1.1.5 Groundwater Levels ....................................................................... 6-4 6.1.2 Groundwater Quality ........................................................................................ 6-5 6.1.3 Groundwater Management .............................................................................. 6-5 6.1.3.1 Groundwater Management Plan .................................................... 6-5 6.1.3.2 Integrated Water Resource Plan .................................................... 6-6 6.1.4 Overdraft Conditions ........................................................................................ 6-7 6.1.5 Historical Groundwater Pumping ..................................................................... 6-7 6.2 SURFACE WATER ....................................................................................................... 6-7 6.3 STORMWATER ............................................................................................................ 6-7 6.4 WASTEWATER AND RECYCLED WATER ................................................................. 6-9 6.4.1 Recycled Water Coordination .......................................................................... 6-9 6.4.2 Wastewater Collection, Treatment, and Disposal ............................................ 6-9 6.4.2.1 Wastewater Collected Within Service Area .................................... 6-9 6.4.2.2 Wastewater Treatment and Discharge Within Service Area .......... 6-10 6.4.3 Recycled Water System ................................................................................... 6-11 6.4.4 Recycled Water Beneficial Uses ...................................................................... 6-11 6.4.4.1 Current and Planned Uses of Recycled Water .............................. 6-11 6.4.4.2 Planned Versus Actual Use of Recycled Water ............................. 6-14 6.4.5 Actions to Encourage and Optimize Future Recycled Water Use.................... 6-15 6.5 DESALINATED WATER OPPORTUNITIES ................................................................. 6-15 6.6 EXCHANGES OR TRANSFERS .................................................................................. 6-16 6.7 FUTURE WATER PROJECTS ..................................................................................... 6-17 6.8 SUMMARY OF EXISTING AND PLANNED SOURCES OF WATER ........................... 6-17 6.9 CLIMATE CHANGE CONSIDERATIONS ..................................................................... 6-18 6.10 ENERGY INTENSITY ................................................................................................... 6-19 8.A.a Packet Pg. 63 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 iii City of Gilroy 2020 Urban Water Management Plan City of Gilroy 2020 Urban Water Management Plan Table of Contents Page No. 7.0 CHAPTER 7 – WATER SUPPLY RELIABILITY ASSESSMENT ........................................... 7-1 7.1 CONSTRAINTS ON WATER SOURCES ..................................................................... 7-1 7.1.1 Legal Factors ................................................................................................... 7-1 7.1.2 Environmental Factors ..................................................................................... 7-1 7.1.3 Water Quality Factors ...................................................................................... 7-1 7.1.4 Climatic Factors ............................................................................................... 7-2 7.2 RELIABILITY BY TYPE OF YEAR ................................................................................ 7-2 7.2.1 Types of Years ................................................................................................. 7-2 7.2.2 Sources for Water Data ................................................................................... 7-3 7.3 SUPPLY AND DEMAND ASSESEMENT ..................................................................... 7-3 7.4 DROUGHT RISK ASSESSMENT ................................................................................. 7-7 7.4.1 DRA Data, Methods, and Basis for Water Shortage Conditions ...................... 7-7 7.4.2 DRA Individual Water Source Reliability .......................................................... 7-8 7.4.3 DRA Total Water Supply and Use Comparison ............................................... 7-8 7.4.4 Management Tools and Options ...................................................................... 7-9 8.0 CHAPTER 8 – WATER SHORTAGE CONTINGENCY PLANNING ...................................... 8-1 8.1 WATER SUPPLY RELIABILITY ANALYSIS ................................................................. 8-1 8.2 ANNUAL WATER SUPPLY AND DEMAND ASSESSMENT ........................................ 8-1 8.3 SIX STANDARD WATER SHORTAGE LEVELS .......................................................... 8-2 8.4 SHORTAGE RESPONSE ACTIONS ............................................................................ 8-3 8.5 PLAN ADOPTION, SUBMITTAL, AND AVAILABILITY ................................................. 8-3 9.0 CHAPTER 9 – DEMAND MANAGEMENT MEASURES ........................................................ 9-1 9.1 DEMAND MANAGEMENT MEASURES AND IMPLEMENTATION ............................. 9-1 9.1.1 Waste Water Prevention Ordinances ............................................................... 9-1 9.1.2 Metering ........................................................................................................... 9-2 9.1.3 Conservation Pricing ........................................................................................ 9-2 9.1.4 Public Outreach and Incentive Programs ........................................................ 9-3 9.1.4.1 Public Information Programs .......................................................... 9-3 9.1.4.2 School Education Program ............................................................ 9-3 9.1.4.3 Water Conservation Rebate Programs .......................................... 9-3 9.1.4.4 Landscape Rebate Program .......................................................... 9-4 9.1.4.5 Survey Programs ........................................................................... 9-4 9.1.5 Programs to Assess and Manage Distribution System Real Loss ................... 9-4 9.1.6 Water Conservation Program Coordination and Staffing Support ................... 9-5 10.0 CHAPTER 10 – PLAN ADOPTION, SUBMITTAL, AND IMPLEMENTATION ...................... 10-1 10.1 INCLUSION OF ALL 2015 DATA .................................................................................. 10-1 10.2 NOTICE OF PUBLIC HEARING ................................................................................... 10-1 10.2.1 Notice to Cities and Counties ........................................................................... 10-1 10.2.2 Notice to the Public .......................................................................................... 10-2 10.3 PUBLIC HEARING AND ADOPTION ........................................................................... 10-2 10.4 PLAN SUBMITTAL ........................................................................................................ 10-3 10.5 PUBLIC AVAILABILITY ................................................................................................. 10-3 8.A.a Packet Pg. 64 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 iv City of Gilroy 2020 Urban Water Management Plan City of Gilroy 2020 Urban Water Management Plan Table of Contents Page No. 10.6 AMENDING AND ADOPTED UWMP ........................................................................... 10-3 11.0 CHAPTER 11 – DWR CHECKLIST ........................................................................................ 11-1 8.A.a Packet Pg. 65 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 v City of Gilroy 2020 Urban Water Management Plan City of Gilroy 2020 Urban Water Management Plan Figures Page No. Figure 3-1 Regional Location Map ...................................................................................... 3-2 Figure 3-2 Existing Service Area ......................................................................................... 3-3 Figure 3-3 Existing Land Use .............................................................................................. 3-4 Figure 3-4 Future Land Use ................................................................................................ 3-5 Figure 3-5 Historical Annual Rainfall ................................................................................... 3-7 Figure 4-1 Historical Water Use and Population ................................................................. 4-3 Figure 6-1 Groundwater Subbasins .................................................................................... 6-2 Figure 6-2 Existing Groundwater Well Locations ................................................................ 6-8 Figure 6-3 Potential Future Recycled Water System ........................................................ 6-12 Figure 8-1 Annual Assessment Reporting Timeline ............................................................ 8-2 Tables Page No. Table 2-1 Public Water Systems ........................................................................................ 2-1 Table 2-2 Plan Identification ............................................................................................... 2-1 Table 2-3 Supplier Identification ......................................................................................... 2-2 Table 2-4 Water Supplier Information Exchange ............................................................... 2-2 Table 3-1 Average Climate Data ........................................................................................ 3-6 Table 3-2 Population – Current and Projected ................................................................... 3-8 Table 4-1 Demands for Potable and Non-Potable Water – Actual ..................................... 4-2 Table 4-2 Demands for Potable and Non-Potable Water – Projected ............................... 4-4 Table 4-3 Total Water Demands ........................................................................................ 4-4 Table 4-4 Last Five Years of Water Loss Audit Reporting ................................................. 4-6 Table 4-5 Inclusion in Water Use Projections .................................................................... 4-7 Table 5-1 Baselines and Targets Summary ....................................................................... 5-1 Table 5-2 2020 Compliance ............................................................................................. 5-11 SBX7-7 Table 1 Baseline Period Ranges ......................................................................... 5-3 SBX7-7 Table 2 Method for Population Estimates ........................................................... 5-4 SBX7-7 Table 3 Service Area Population ......................................................................... 5-5 SBX7-7 Table 4 Annual Gross Water Use ....................................................................... 5-6 SBX7-7 Table 4-A Volume Entering the Distribution ............................................................ 5-7 SBX7-7 Table 5 Gallons Per Capita Per Day (GPCD) ..................................................... 5-8 SBX7-7 Table 6 Gallons Per Capita Per Day Summary ................................................... 5-9 SBX7-7 Table 7 2020 Target Method ............................................................................... 5-9 SBX7-7 Table 7-A Target Method 1 ..................................................................................... 5-9 SBX7-7 Table 7-F Confirm Minimum Reduction for 2020 Target ...................................... 5-10 SBX7-7 Table 9 2020 Compliance ................................................................................. 5-11 Table 6-1 Groundwater Volume Pumped ........................................................................... 6-7 Table 6-2 Wastewater Collected Within Service Area in 2020 ......................................... 6-10 Table 6-3 Wastewater Treatment and Discharge Within Service Area in 2020 ............... 6-10 Table 6-4 Current and Projected Recycled Water Direct Beneficial Uses Within Service Area .................................................................................................... 6-13 8.A.a Packet Pg. 66 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 vi City of Gilroy 2020 Urban Water Management Plan City of Gilroy 2020 Urban Water Management Plan Tables Page No. Table 6-5 2010 UWMP Recycled Water Use Projection Compared to 2015 Actual ........ 6-14 Table 6-6 Methods to Expand Future Recycled Water Use ............................................. 6-15 Table 6-7 Expected Future Water Supply Projects or Programs ..................................... 6-17 Table 6-8 Water Supplies – Actual ................................................................................... 6-18 Table 6-9 Water Supplies – Projected ............................................................................. 6-18 Table 7-1 Basis of Water Year Data .................................................................................. 7-3 Table 7-2 Normal Year Supply and Demand Comparison ................................................. 7-4 Table 7-2A Projected Supply vs Demand Comparison (Llagas) .......................................... 7-5 Table 7-3 Single Dry Year Supply and Demand Comparison ............................................ 7-6 Table 7-4 Multiple Dry Years Supply and Demand Comparison ........................................ 7-6 Table 7-4 Five Year Drought Risk Assessment ................................................................. 7-9 Table 8-1 Water Shortage Levels ...................................................................................... 8-3 Table 8-2 Water Shortage Contingency Plan Levels ......................................................... 8-4 Table 10-1 Notification to Cities and Counties ................................................................... 10-2 Table 11-1 DWR checklist .................................................................................................. 11-2 Appendices Appendix A DWR Recommended Tables Appendix B Groundwater Studies Appendix C Energy Intensity Analysis Appendix D Water Shortage Contingency Plan Appendix E Urban Water Management Plan Adoption Resolution and Notifications Appendix F Amended Water Supply Shortage Regulations (Ordinance 2015-04) 8.A.a Packet Pg. 67 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 1-1 City of Gilroy 2020 Urban Water Management Plan 2020 City of Gilroy 1.0 CHAPTER 1 – INTRODUCTION AND OVERVIEW This chapter introduces the purpose of the Urban Water Management Plan (UWMP) and its importance to the City of Gilroy (City) as well as Department of Water Resources (DWR). This chapter also includes the coordination and outreach that took place for this UWMP to come to fruition. The chapter also documents the milestones for adopting the UWMP and for submitting it to the DWR. BACKGROUND AND PURPOSE Water suppliers must submit an Urban Water Management Plan to the Department of Water Resources in accordance with California Water Code requirements. The purpose of the UWMP is to review and maintain the reliability of urban water supplies, ensure that future beneficial use can be complemented by sufficient water supply, continue to promote policies and programs that benefit water conservation, and provide a means for response during water supply shortages and drought conditions. In addition to being filed every five years, the Urban Water Management Plan must satisfy requirements defined in the Urban Water Management Planning Act (UWMPA) of 1983 and any amendments thereof. Since passage of the UWMPA, there have been more than 20 amendments to the Act. According to the UWMPA, an UWMP must be prepared by an urban water supplier that supplies over 3,000 acre-feet (AF) of water a year, or services 3,000 or more connections. In June 2018, DWR completed the review of the City’s 2015 UWMP and its supplements, and issued a letter of completeness. The UWMPA has undergone significant expansion and revision since the last UWMP Guidebook was prepared in 2015. Prolonged droughts, groundwater overdrafts, regulatory revisions, and changing climatic conditions not only affect each Supplier’s water reliability determinations, but also the broad picture of statewide water reliability overseen by DWR, the State Water Resources Control Board (State Water Board), and the Legislature. Accordingly, the Act has grown to address changing conditions, and it guides California’s water resources management. Thus, this 2020 UWMP includes updates to the 2015 UWMP and addresses additional amendments to the UWMPA and new guidelines established by DWR. This report references the tables required by DWR in their 2020 UWMP Guidebook published in March 2021, which have been completed and included in Appendix A. 8.A.a Packet Pg. 68 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 1-2 City of Gilroy 2020 Urban Water Management Plan URBAN WATER MANAGEMENT PLANNING AND THE CALIFORNIA WATER CODE The drought of 1976-1977 created shortages of water supplies throughout California. With several cities and water districts/agencies witnessing reduction in their water supplies and having to look for additional water sources elsewhere, an immediate need for a statewide, local level, long-term water management planning arose. To dramatically reduce future emergencies caused by inadequate planning of water resources, the Urban Water Management Planning Act was proposed and adopted in 1983. State Assembly Bill 797 modified the California Water Code Division 6 in 1983, creating the UWMPA. Since this Assembly Bill, more than 20 amendments have changed the quantity of data required, as well as increasing the planning elements included in this 2020 plan. Early amendments to the UWMPA required 20-year planning horizons in 5-year increments for the comparison of water use to sources of water supply. More recently, these planning projections have been extended to 25-year planning horizons in order to maintain the 20-year projections, while the subsequent UWMP is completed. Additional amendments included requirements that water supplier’s UWMP provides provisions for a Water Shortage Contingency Plan, which would meet the specifications set forth in the UWMPA; demand management measures; and provisions for recycled water use. Recycled water use was added to reporting requirements due to its additional reliability for alternative water supply, and most notably, as an additional supply for future water use demand. Individual water purveyors, in coordination with other water purveyors in the same general area and to the extent practicable, must work to prepare the Water Shortage Contingency Plan. The individual water supplier must also describe the water demand management measures that are currently in practice, or those scheduled to be practiced. More than 15 amendments have been passed since the year 2000, amending the Act and increasing reporting for the UWMP. Included in these amendments are SB 610 (Costa, 2001) and AB 901 (Daucher, 2001), which require urban water purveyors to review information regarding water to supply new large developments. Additionally, SB 318 (Alpert, 2004) requires the plan to review opportunities involved in the development of desalinated water, included but not limited to, ocean, brackish, and groundwater, as a long-term supply. AB 105 (Wiggins, 2004) requires suppliers to submit their completed UWMP to the California State Library. SBX7-7 requires the state and its municipal water purveyors to achieve a 20 percent reduction in urban per capita water usage by the year 2020. The “20X2020” plan is intended to reduce water usage per capita by 10% by the year 2015, and 20% by the year 2020. The most recent of these amendments are:  AB2242 (2018) requires an urban water supplier to include in its UWMP an assessment of the reliability of its water service to customers during normal, dry, and multiple dry years, 8.A.a Packet Pg. 69 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 1-3 City of Gilroy 2020 Urban Water Management Plan including a repeat of the five consecutive historic driest years the urban water supplier has experienced.  SB606 (2018) adds new requirements to the UWMP process as well as established updated urban water use objectives and water use reporting requirements, o Prepare a drought risk assessment that examines water shortage risks for a drought lasting for the next five years. o Prepare a comprehensive Water Shortage Contingency Plan that will include water budgeting forecast procedures, standard water shortage levels, shortage response actions, and other protocols. o Enacts an annually required water supply and demand assessment wherein an urban water supplier will assess local demand and supply conditions and provide that information to DWR. URBAN WATER MANAGEMENT PLANS IN RELATION TO OTHER PLANNING EFFORTS In addition to the preparation of the 2020 Urban Water Management Plan, the City is in the process of updating the Water, Wastewater, and Stormwater System Master Plans. The preparation of the 2020 UWMP will complement these additional planning efforts, providing guidance related to water use over the master planning horizon and identifying the measures to be implemented for water conservation that will have an impact on water demands and related sewer flows. Effort has been made to provide consistency between the water demand projections and the projected water use for the 2020 UWMP and current master planning updates. In 2019, and as a joint effort with the City of Morgan Hill, the City of Gilroy completed a Sustainable Water Management Planning document that reviewed and ranked potential supplemental long-term supply projects, a scalping plant, and other projects. The ranking was based on increasing the yield to the Llagas Subbasin, cost, location of benefit, implementation and regulatory, and resiliency. REPORT ORGANIZATION This report is organized in accordance with the outline suggested by the Department of Water Resources for the 2020 Urban Water Management Plans. Chapter 1 – Introduction and Overview. This chapter introduces the purpose of the Urban Water Management Plan (UWMP) and its importance to the City of Gilroy (City) as well as Department of Water Resources (DWR). This chapter also includes the coordination and outreach that took place for this UWMP to come to fruition. As well as documenting the milestones for adopting the UWMP and for submitting it to the DWR. 8.A.a Packet Pg. 70 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 1-4 City of Gilroy 2020 Urban Water Management Plan Chapter 2 – Plan Preparation. This chapter describes the process that was used for the development of the UWMP. This chapter also summarizes the coordination and outreach that was conducted during the preparation of the UWMP. Chapter 3 – System Description. This chapter describes the City’s water service area. This description includes discussion of the City’s location, the boundaries of the water service area, existing and future land use types, and climate. This chapter also summarizes the historical and projected population as well as a review of the City’s demographics and socioeconomic conditions. Chapter 4 – System Water Use. This chapter provides a description of the current and projected water uses within the City’s service area. Additionally, a description of potential recycled water uses is provided. Water demands are projected through the year 2045. Chapter 5 – Baseline and Targets. This chapter summarizes the methods used to estimate the target water use. As part of the 2020 UWMP update, this chapter evaluates if the City achieved the required water use reduction target. Chapter 6 – System Supplies. The purpose of this chapter is to summarize the City’s current and planned water supply sources and volumes. This chapter includes a description of the groundwater basins used by the City as a source of supply. Ongoing planning efforts for the potential use of recycled water within the City’s service area are also summarized. Chapter 7 – Water Supply Reliability. This chapter assesses the reliability of the City’s water supply under normal conditions, single year dry conditions, and five-year dry conditions. The reliability assessment includes a comparison of projected water use versus expected water supply for the next 20 years. This chapter also includes the newly required Drought Risk Assessment, which is a review of the capability of the City’s water supplies to meet the demand for the next five years assuming a five-year drought occurs. Chapter 8 – Water Shortage Contingency Plan This chapter summarizes the City’s Water Shortage Contingency Plan (WSCP). The WSCP is a separately adopted planning document that most notably outlines levels of water shortage conditions, demand reduction methods to be implemented in the event of a water shortage and the process the City will implement to perform an annual Supply and Demand assessment. The WSCP also includes discussion of the City’s communication protocols during a water shortage, methods of determining compliance and enforcing water use prohibitions, estimating the financial consequences of a water shortage, and the methods the City has in place to monitor and report the effectiveness of any water demand reduction methods implemented. Chapter 9 – Demand Management Measures. This chapter summarizes the demand management measures, which are additional measures the supplier plans on implementing to achieve its water use targets and maintain ongoing water conservation. 8.A.a Packet Pg. 71 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 1-5 City of Gilroy 2020 Urban Water Management Plan Chapter 10 – Plan Adoption, Submittal and Implementation. This chapter summarizes the process for adopting and submitting the UWMP as well as the ways the public can access the adopted UWMP. PUBLIC PARTICIPATION AND PLAN ADOPTION The UWMPA requires that the adopted UWMP demonstrate the water agency solicited public participation. Law In accordance with the stated law, the City held a public hearing for members of the community to provide comments, learn about existing and future water supplies of the city, and raise concerns towards the plan being adopted. A notice of the public hearing was published in the local newspaper on September 3rd, 2021 and September 10th, 2021, notifying interested parties that the draft 2020 UWMP was available at various City facilities and on the City’s web page (www.ci.Gilroy.ca.us) for review two successive weeks prior to adoption. After public review, the plan was adopted on October 18th, 2021and subsequently submitted to DWR for approval on October 19th, 2021. UWMP AND GRANT OR LOAN ELIGIBILITY Law Beginning in 2016, changes to California law require that urban retail water suppliers must comply with water conservation requirements established by the Water Conservation Act of 2009 in order to be eligible for State water grants or loans. For 2020 UWMPs, compliance with the Water 10642. Each urban water supplier shall encourage the active involvement of diverse social, cultural, and economic elements of the population within the service area prior to and during the preparation of the plan. Prior to adopting a plan, the urban water supplier shall make the plan available for public inspection and shall hold a public hearing thereon. Prior to the hearing, notice of the time and place of hearing shall be published ... After the hearing, the plan shall be adopted as prepared or as modified after the hearing. 10608.56 (a) On and after July 1, 2016, an urban retail water supplier is not eligible for a water grant or loan awarded or administered by the state unless the supplier complies with this part. (c) Notwithstanding subdivision (a), the department shall determine that an urban retail water supplier …applicable to the water funds. (e) Notwithstanding subdivision (a), the department shall determine that an urban retail water supplier … as a disadvantaged community. (f) The department shall not deny eligibility to an urban retail water supplier or agricultural water supplier … is not implementing all of the requirements of this part or Part 2.8 (commencing with Section 10800). 10656 An urban water supplier is not eligible for a water grant or loan awarded or administered by the state unless the urban water supplier complies with this part. 8.A.a Packet Pg. 72 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 1-6 City of Gilroy 2020 Urban Water Management Plan Conservation Act of 2009 means that a water agency must have met its 2020 Urban Water Use Target, discussed further in Chapter 5; this compliance must be reported in the 2020 UWMP. PREVIOUS URBAN WATER MANAGEMENT PLANS The City prepared a 2015 UWMP, which was adopted on August 1, 2016. This UWMP documented the SBX7-7 baseline per capita was use, as well as the interim and 2020 water use targets. This UWMP documented the groundwater conditions, future water supply projects, the water shortage contingency plan, and demand management measures implemented to reduce water demands. The 2015 UWMP serves as a benchmark for the 2020 UWMP, as the 2020 UWMP will update the target projections consistent with the final Guidebook release from the Department of Water Resources. 8.A.a Packet Pg. 73 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 2-1 City of Gilroy 2020 Urban Water Management Plan 2020 City of Gilroy 2.0 CHAPTER 2 – PLAN PREPARATION This chapter describes the process that was used for the development of the UWMP. This chapter also summarizes the coordination and outreach that was conducted during the preparation of the UWMP. BASIS FOR PREPARING A PLAN The California Water Code (CWC) defines an “Urban water supplier” as a publicly or privately owned supplier of water for municipal purposes either directly or indirectly to more than 3,000 customers or supplying more than 3,000 acre-feet of water annually. At the time of preparation of the 2020 UWMP the City supplied water to over 15,200 active service connections, as summarized in Table 2-1, thereby qualifying as an urban water supplier and required to prepare an Urban Water Management Plan every five years. Table 2‐1 Public Water Systems Public Water System Number Public Water System Name Number of Municipal Connections 2020 Volume of Water Supplied 2020 (AF) 4310004 City of Gilroy 15,240 8,271 REGIONAL PLANNING The City’s 2020 UWMP is prepared as an individual UWMP, and the City is not part of any regional alliance for planning purposes, as summarized in Table 2-2. Table 2‐2 Plan Identification Select Only One Type of Plan Name of RUWMP or Regional Alliance Individual UWMP Water Supplier is also a member of a RUWMP Water Supplier is also a member of a Regional Alliance Regional Urban Water Management Plan (RUWMP) 8.A.a Packet Pg. 74 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 2-2 City of Gilroy 2020 Urban Water Management Plan INDIVIDUAL OR REGIONAL PLANNING AND COMPLIANCE Consistent with the 2015 UWMP, the 2020 UWMP reports solely on the City’s service area and is not a part of a regional alliance or regional urban water management plan (RUWMP). FISCAL OR CALENDAR YEAR AND UNITS OF MEASURE This UWMP has been prepared using calendar year data and includes complete 2020 data, as required by the DWR guidelines. The units of measure reported in all tables are acre-feet (AF), as shown in Table 2-3. Table 2‐3 Supplier Identification Type of Agency Supplier is a wholesaler Supplier is a retailer Fiscal or Calendar Year UWMP Tables Are in Calendar Years UWMP Tables Are in Fiscal Years Units of Measure Used in UWMP1 AF Notes: 1. Units of DWR required tables are consistent in SBX7‐7 compliance tables COORDINATION AND OUTREACH The City’s 2020 UWMP is an update to the 2015 UWMP and is intended to address those aspects of the UWMPA which are under the control of the City, specifically water supply and water use. The City has submitted its draft plan to regional stakeholders, and made the draft plan available to the public in hard copy form and electronic form. The wholesale water suppliers informed of the City’s projected water use are shown in Table 2-4. Table 2‐4 Water Supplier Information Exchange Wholesale Water Supplier Name Valley Water 8.A.a Packet Pg. 75 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 3-1 City of Gilroy 2020 Urban Water Management Plan 2020 City of Gilroy 3.0 CHAPTER 3 – SYSTEM DESCRIPTION This chapter describes the City’s water service area. This description includes discussion of the City’s location, the boundaries of the water service area, existing and future land use types, and climate. This chapter also summarizes the historical and projected population as well as a review of the City’s demographics and socioeconomic conditions. GENERAL DESCRIPTION This section documents the City’s location, service area, land use, and socioeconomic conditions. 3.1.1 Location The City is located in Santa Clara County, approximately 30 miles south of the city of San Jose, 15 miles northwest of the city of Hollister, and 25 miles to the east of the City of Santa Cruz (Figure 3-1). The City’s closest neighbor, the city of Morgan Hill, is located 10 miles to the north. Highway 101 bisects the eastern boundary of the City in the north-south direction, and Highway 152 bisects the middle of the City in the east-west direction. In 2002, the City outlined the long- term Ultimate Growth Boundary (UGB), which was approved by City Council, and identified lands intended for future urbanization within the City service area. 3.1.2 Water Service Area The City’s most recent General Plan was adopted in November 2020 and outlined the UGB boundary. Infrastructure improvements necessary to serve lands within the UGB were outlined in the City’s water distribution, sewer collection, and storm drainage master plans. As shown in Figure 3-2, the City’s existing water service area is generally consistent with the existing City Limits. The City’s UGB incorporates approximately 22.8 square miles and is the City’s ultimate growth boundary for the life of the current General Plan. As in the 2015 UWMP, this 2020 UWMP assumes that the UGB describes the future water system service area. 3.1.3 Land Use According to the City’s 2040 General Plan, the City’s UGB encompasses 9,874 acres of varying land use types, which are defined as follows: 3,045 acres of residential; 4,339 acres of non- residential; 2,490 acres of other non-demand generating types such as rural county and open space. The residential component can be further subdivided, with 89 percent of the units as hillside and low density, and 8 and 3 percent of units being medium and high densities, respectively. The existing and future land use maps, extracted from the City’s 2040 GP, are shown in Figure 3-3 and Figure 3-4, respectively. The existing and future land use information was the basis of water demand and supply planning for the City’s 2021 Water System Master Plan. 8.A.a Packet Pg. 76 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 !( !( !( Morgan Hill Watsonville Gilroy U n i o n P a c ifi c R a ilr o a d £¤101 £¤101 £¤101 £¤101 UV152 UV152 UV25 UV152 UV129 UV129 UV129 UV1 UV152 Calero Reservoir Anderson Reservoir Coyote Reservoir Uvas Reservoir Figure 3-1 Regional Location Map 2020 Urban Water Management Plan City of Gilroy 5Updated: May 20, 2021 GIS 0120.5 Miles Legend !(Cities Railroads Highway City Limits Urban Growth Boundary Study Area Elevation (ft) 51 - 100 101 - 250 251 - 500 501 - 1,000 1,001 - 2,000 2,001 - 3,0009 - 50 3,001 - 3,792 Waterbodies PRELIMINARY Flie Path: P:\xGIS\GIS_Projects\Gilroy\Water\210520-2020 UWMP\GL_Fig3-1RLMap_052021.mxd ^_ Pacific Ocean California Nevada Gilroy 8.A.a Packet Pg. 77 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 City of Gilroy £¤101 £¤101 £¤101 UV152 UV152 UV25 UV152Union Paci f i c Rai l r oadCoyote Reservoir Canyon Pescadero Creek W ildcatH a t f i e l d CanyonCreekP ajaro R ivP ajaro R ivP ajaro R ivPajaro RiverCarnadero CreekMiller Slough Jones Cr eekSan Ysidro CreekLlagas CreekUvas Creek Ll agas Cre ekCoyote CreekLive Oak CreekLl agas Cr eekLlagas CreekL la g a s C r e e k C r e e k Figure 3-2 Existing Service Area 2020 Urban Water management Plan City of Gilroy 5Updated: May 24, 2021 GIS 0120.5 Miles Legend City Limits City Limits Area Urban Service Area Railroads Rivers & Creeks Roads Waterbodies PRELIMINARY File Path: P:\xGIS\GIS_Projects\Gilroy\Water\210520-2020 UWMP\GL_Fig3-2_ServiceArea_052021.mxd 8.A.a Packet Pg. 78 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 £¤101£¤101UV152UV152UV25L la g a s C r e e k Miller SloughUvas CreekBuena Vista AveFitzgerald AveM o n te r e y R d Day RdSunrise DrMantelli DrS a n ta T e r e s a Bl Wren AveLeavesley RdC a m in o A rro y o Tenth StSouthside DrUvasPark D r Castro Valley RdF ra zie r L a k e R d Bloomfield AveSheldon AveDavidson AveLas Animas AveCohansey AveGilman RdHecker Pass RdFirst StRucker AvPajaro RiverShore RdLegendExisting Land UseLow Density ResidentiaMedium Density ResidentialHigh Density ResidentialNeighborhood DistrictPublic/Quasi-Public FacilityEducational FacilityProfessional OfficeGeneral Services CommercialVisitor-Serving CommercialIndustrialOpen SpacePark and Recreation FacilityVacantCity LimitsRoadsRailroadsRivers & CreeksWaterbodiesUpdated: May 24, 20210120.5Miles5GISPRELIMINARYFile Path: P:\xGIS\GIS_Projects\Gilroy\Water\210520-2020 UWMP\GL_Fig3-3ExistLandUse_052421.mxdFigure 3-3Existing Land Use2020 Urban Water Management PlanCity of Gilroy8.A.aPacket Pg. 79Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 £¤101£¤101UV152UV152UV25L la g a s C r e e k Miller SloughUvas CreekBuena Vista AveFitzgerald AveM o n te r e y R d Day RdSunrise DrMantelli DrS a n ta T e r e s a Bl Wren AveLeavesley RdC a m in o A rro y o Tenth StSouthside DrUvasPark D r Castro Valley RdF ra zie r L a k e R d Bloomfield AveSheldon AveDavidson AveLas Animas AveCohansey AveGilman RdHecker Pass RdFirst StRucker AvPajaro RiverShore RdLegendPlanning Area/Sphere of InfluenceUrban Growth BoundaryCity LimitsGeneral Plan Land UseHillside ResidentialLow Density ResidentialMedium Density ResidentialHigh Density ResidentialGeneral Services CommercialCity Gateway DistrictVisitor Serving CommercialGeneral IndustrialEmployment CenterIndustrial ParkPublic and Quasi-Public FacilityNeighborhood DistrictMixed UseRural CountyOpen SpacePark and Recreation FacilitySpecific Plan AreasDowntownGlen Loma RanchHecker PassRoadsRailroadsRivers & CreeksWaterbodies0120.5Miles5GISPRELIMINARYFile Path: P:\xGIS\GIS_Projects\Gilroy\Water\210520-2020 UWMP\GL_Fig3-4GeneralPlanLU_052421.mxdUpdated: May 24, 2021Figure 3-42040 General PlanLand Use2020 Urban Water Management PlanCity of Gilroy8.A.aPacket Pg. 80Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 3-6 City of Gilroy 2020 Urban Water Management Plan 3.1.4 Socioeconomic Conditions Based on data from the U.S. Census American Community Survey, the City has a median household income of approximately $ 101,616 per year and a per capita income of approximately $36,122 per year as of 2019. Approximately 27.7% of the population has a bachelor’s degree or higher and 80.1% have a high school diploma or higher. Approximately 8.6% of the population live below the poverty line. According to population and housing statistics prepared by the California Department of Finance, the City has an average household occupancy of 3.49 people per household. Approximately 75% of the current residential units are single family residences, with the other 25% reflecting multiple family dwelling units. The 2020 residential vacancy rate is approximately 3.6%. According to the City’s General Plan, the primary sectors of employment are manufacturing and health services. The City’s proximity to Silicon Valley plays an important role in economic activity, and agricultural production continues to be an important element to the City. The most recent unemployment rate was listed as 6.1%. CLIMATE DATA The following sections include a description of the City’s historical climate data as well as a general summary of the potential impacts due to climate change. 3.2.1 Historic Climate Data The City has historically had a temperate climate due to its location in Santa Clara Valley and its proximity to the Pacific Ocean. The mean annual temperature in the City is 60.2 degrees Fahrenheit (°F), with the hottest month being July at approximately 88 °F for the high, and the coldest month being December, with an average low of 37 °F. The City has a historical average rainfall of approximately 20.8 inches, with the majority of the rainfall occurring from November to April. These months typically experience between 2 to 4 inches total. The average annual evapotranspiration (ETo) is approximately 52 inches. Average climate data is shown on the following page in Table 3-1. Table 3-1 Average Climate Data Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Ann. Rainfall (inches)1 4.7 3.7 3.2 1.4 0.4 0.1 0.1 0.1 0.3 0.9 2.2 3.7 20.8 Max. Daily Temp. (°F)1 59.8 63.6 67.2 72.2 77.7 83.6 88.0 87.7 85.5 78.6 67.5 60.1 74.3 Min. Daily Temp. (°F)1 37.2 40.5 42.6 44.4 48.5 51.9 54.2 54.3 52.7 48.1 41.8 37.1 46.1 ETo (inches)2 1.7 2.3 3.6 5.1 6.2 7.1 7.1 6.2 5.2 3.9 2.2 1.6 52.1 8.A.a Packet Pg. 81 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 3-7 City of Gilroy 2020 Urban Water Management Plan Historical rainfall in the city is shown in Figure 3-5 and has ranged from less than 6-inches to more than 35 inches. Figure 3‐5 Historical Annual Rainfall 3.2.2 Climate Change As part of the 2020 UWMP update, the California Water Code requires urban water suppliers to provide a general description of the climate change impact within the service area. Based on the City’s location and current climate, the most notable changes in climate are related to increasing average temperatures, intensifying storm events, and extending periods of drought. Other effects, such as decreasing snowpack or rising sea levels, do not have a direct impact on the City’s water demand or supply. Changes in annual precipitation and temperature will likely have an impact on the City’s overall water use as well as available supply volumes. As the local Groundwater Sustainability Agency, Valley Water is in the process of developing multiple studies to estimate the impact of climate change throughout Santa Clara County and proactively plan for the future. The Valley Water 2020 UWMP notes that a Climate Change Action Plan is currently being prepared that will include multiple goals and strategies to adapt to climate 8.A.a Packet Pg. 82 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 3-8 City of Gilroy 2020 Urban Water Management Plan change. Additionally, Valley Water is developing a climate study to assess the impacts of climate change on its water supply reliability. SERVICE AREA POPULATION AND DEMOGRAPHICS The City is a growing community, with over 2.9 percent of the Santa Clara County population residing within the City limits. Department of Finance records estimate the 2020 population of Gilroy at 56,704. Located on the Highway 101 corridor, Gilroy has historically been a growing city. Particularly from 1980, the City has seen a steady increase in population from 21,600 to approximately 41,464 in 2000. The average annual population growth from 1980 to 2000 was at approximately 3.2 percent, and from 2000 to present at approximately 1.7 percent. The 2020 General Plan Update is currently planning for a 2040 population of a range of 72,800 and 84,400 and projected populations consistent with this growth are used to project demands as part of the 2020 UWMP. The current and projected service area population is summarized in Table 3-2. It should be noted that potential changes to the in progress General Plan may occur, but are expected to decrease the population. As such, the numbers in this UWMP are conservative. According to 2019 United States Census Bureau’s data, the City has a racial diverse population which is White (74.9%), Black or African American (1.5%), American Indian and Alaska Native (0.6%), Asian (9.4%), Native Hawaiian and Pacific Islander (0.0%), Hispanic or Latino (59.1%), with the rest more than one race or other race. Table 3‐2 Population ‐ Current and Projected 2020 2025 2030 2035 2040 2045 56,704 61,086 65,807 70,893 76,372 82,274 8.A.a Packet Pg. 83 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 4-1 City of Gilroy 2020 Urban Water Management Plan 2020 City of Gilroy 4.0 CHAPTER 4 – SYSTEM WATER USE This chapter provides a description of the current and projected water uses within the City’s service area. Additionally, a description of potential recycled water uses is provided. Water demands are projected through the year 2045. RECYCLED VERSUS POTABLE AND RAW WATER DEMAND The California State Water Code requires documentation of water use within the City’s service area for potable, recycled, and raw water demands, as applicable. Currently, the potable and recycled water is delivered within the City’s service area. This chapter summarizes historical and current potable water use as well as provides a brief summary of recycled and raw water demand. While the City does not provide any deliveries of raw water, comprehensive discussion of the recycled water uses can be found in Chapter 6. WATER USES BY SECTOR This section documents the historical and projected water use as well as maximum day demand. Law 4.2.1 Historical Water Use The City currently provides domestic water to residential, commercial, industrial and institutional customers within the City limits. At the time of preparation of the 2020 UWMP, the City had recorded water delivery service to 13,241 single family residential users, 482 multi-family 10631. (d) (1) For an urban retail water supplier, quantify, to the extent records are available, past and current water use, over the same five-year increments described in subdivision (a), and projected water use, based upon information developed pursuant to subdivision (a), identifying the uses among water use sectors, including, but not necessarily limited to, all of the following: (A) Single-family residential. (B) Multifamily. (C) Commercial. (D) Industrial. (E) Institutional and governmental. (F) Landscape. (G) Sales to other agencies. (H) Saline water intrusion barriers, groundwater recharge, or conjunctive use, or any combination thereof. (I) Agricultural. (J) Distribution system water loss. (2) The water use projections shall be in the same five-year increments described in subdivision (a). 8.A.a Packet Pg. 84 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 4-2 City of Gilroy 2020 Urban Water Management Plan residential accounts, 866 commercial and institutional accounts, 54 industrial accounts, and 577 landscape irrigation accounts. In 2020, domestic water use totaled 2,439 million gallons or 7,486 AF, with an average day demand of 6.7 million gallons per day (mgd). In 2020 metered water deliveries totaled 8,271 AF, as summarized in Table 4-1. Table 4‐1 Demands for Potable and Non‐Potable Water – Actual Use Type Metered Delivered Volume (AF) Single Family 4,588 Multi‐Family 885 Commercial1 900 Industrial 148 Landscape 943 Other 24 Losses 784 Total 8,271 Notes: 1. Includes Commercial and Institutional use types Figure 4-1 displays water use compared to population which shows decreases in water use following drought in 2007-2010 and 2012-2016 despite a rising population during the time period. 8.A.a Packet Pg. 85 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 4-3 City of Gilroy 2020 Urban Water Management Plan Figure 4‐1 Historical Water Use and Population 4.2.2 Projected Water Use Table 4-2 and Table 4-3, found on the following pages, summarize the potable water demand projection through the year 2045. To calculate the projected potable water demand through the UWMP planning horizon of 2045, the City’s 2020 urban water use target of 133 gallons per capita per day (gpcd) was applied to the projected population. The projected demands also account for future water use reductions of up to five percent due to active water savings, as described in more detail in Section 4.4. For planning purposes, the proportion of projected demand by use type was assumed consistent with current consumption trends, which reflects a majority of use in the single family and multi-family residential categories. Table descriptions are as follows.  Table 4-2 summarizes the projected water demand by water use type 20,000 25,000 30,000 35,000 40,000 45,000 50,000 55,000 60,000 5,000 5,500 6,000 6,500 7,000 7,500 8,000 8,500 9,000 9,500 10,000 2000 2005 2010 2015 2020 PopulationWater Use (acre‐feet)Date Water Use (acre‐feet)Drought Periods Population 8.A.a Packet Pg. 86 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 4-4 City of Gilroy 2020 Urban Water Management Plan  Table 4-3 summarizes the total projected water demand, which includes projected recycled water demand. The recycled water demand projections are discussed in detail in Chapter 6. Table 4‐2 Demands for Potable and Non‐Potable Water ‐ Projected Use Type Projected Water Use 2025 2030 2035 2040 2045 (AF) (AF) (AF) (AF) (AF) Single Family 4,796 5,166 5,566 5,996 6,459 Multi‐ Family 925 997 1,074 1,157 1,246 Commerc ial1 940 1,013 1,091 1,176 1,266 Industrial 154 166 179 193 208 Landscap e 986 1,062 1,144 1,232 1,328 Other 25 27 30 32 34 Losses 819 883 951 1,024 1,104 Total 8,646 9,314 10,034 10,809 11,645 Table 4‐3 Total Water Demands Demand Type Demand 2020 2025 2030 2035 2040 2045 (AF) (AF) (AF) (AF) (AF) (AF) Potable and Raw Water 8,271 8,646 9,314 10,034 10,809 11,645 Recycled Water 1,154 1,508 1,863 2,218 2,572 2,572 Total 9,425 10,154 11,177 12,251 13,381 14,217 8.A.a Packet Pg. 87 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 4-5 City of Gilroy 2020 Urban Water Management Plan 4.2.3 Maximum Day Demand Maximum Day Demand is a significant demand condition on the water supply system. This condition is defined as the maximum 24-hour use period in the year. Peaking factors are commonly used as a way of simulating the maximum day demand for future demand scenarios. This multiplier is assessed to the average day demand, and is commonly in the order of 2 to 2.5 times greater than the average day demand. The City’s in-progress Water System Master Plan specified a maximum day demand peaking factor of 2.0. The Water System Master Plan is currently being updated. It is not anticipated that the maximum day peaking factor will change as a result of the update. DISTRIBUTION SYSTEM WATER LOSSES Law As part of the 2020 UWMP update, urban water suppliers are required to quantify their previous five years’ distribution system water losses in a manner consistent with the American Water Works Association (AWWA) water system balance methodology. The City has completed the required water loss audit worksheet in accordance with the DWR guidelines for the years 2016- 2019, while the audit for 2020 will be completed before the October 2021 deadline. Table 4-4 documents the reported water loss volumes for 2016-2019. For preliminary reporting purposes the 2020 water loss value was estimated based on historical water loss volumes, as a percentage of total water produced, and then applied to the 2020 water production. In general, the City shows a decrease in water loss volumes over the past five years. 10631 (d)(1) For an urban retail water supplier, quantify, to the extent records are available, past and current water use, over the same five-year increments described in subdivision (a), and projected water use, based upon information developed pursuant to subdivision (a), identifying the uses among water use sectors, including, but not necessarily limited to, all of the following… (J) Distribution system water loss (3) (A) The distribution system water loss shall be quantified for each of the five years preceding the plan update, in accordance with rules adopted pursuant to Section (B) The distribution system water loss quantification shall be reported in accordance with a worksheet approved or developed by the department through a public process. The water loss quantification worksheet shall be based on the water system balance methodology developed by the American Water Works Association. (C) In the plan due July 1, 2021, and in each update thereafter, data shall be included to show whether the urban retail water supplier met the distribution loss standards enacted by the board pursuant to Section 10608.34. 8.A.a Packet Pg. 88 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 4-6 City of Gilroy 2020 Urban Water Management Plan Table 4‐4 Last Five Years of Water Loss Audit Reporting Reporting Period Start Date Volume of Water Loss (AF) January 2016 675 January 2017 654 January 2018 644 January 2019 623 January 2020 783 ESTIMATING FUTURE WATER SAVINGS Law The City’s projected water demands include estimated future water savings from active conservation activities (Table 4-5). These estimated water savings reflect future ongoing water use reductions and do not include the short-term demand reductions achieved through the implementation of the City’s Water Shortage Contingency Plan. 4.4.1 Active Conservation Program Savings Active conservation is achieved through activities and programs the City implements as part of its water conservation program. The City’s water conservation programs and demand management measures are discussed in detail in Chapter 9 – Demand Management Measures. For planning purposes, it is assumed that the City will achieve up to a five percent reduction in water use as a result of active water savings. This reduction is incorporated in the demand projections shown in Table 4-2 and Table 4-3. 10631 (d)(4) (A) Water use projections, where available, shall display and account for the water savings estimated to result from adopted codes, standards, ordinances, or transportation and land use plans identified by the urban water supplier, as applicable to the service area. (B) To the extent that an urban water supplier reports the information described in subparagraph (A), an urban water supplier shall do both of the following: (i) Provide citations of the various codes, standards, ordinances, or transportation and land use plans utilized in making the projections. (ii) Indicate the extent that the water use projections consider savings from codes, standards, ordinances, or transportation and land use plans. Water use projections that do not account for these 8.A.a Packet Pg. 89 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 4-7 City of Gilroy 2020 Urban Water Management Plan 4.4.2 Passive Water Savings Passive water savings include water use reduction that results from codes, standards, ordinances, other plans. These various sources of water savings typically result from state or regional requirements or guidelines, which are then implemented by the City. Examples of these codes and ordinances are as follows:  Model Water Efficient Landscape Ordinance (MWELO): In 2015 DWR was tasked with updating the MWELO to increase water efficiency standards for new and retrofitted landscapes. This includes the encouragement in the use of more efficient irrigation systems, graywater usage, and onsite storm water capture.  California Energy Commission Title 20: This includes appliance standards for toilets, urinals, faucets, and showerheads. This standard impacts both new construction and replacement fixtures in existing homes.  CALGreen Building Code: The code requires residential and non-residential water efficiency and conservation measures for new buildings and structures. Passive water savings typically contribute less to water use reductions than active water conservation programs. Therefore, reductions from passive water savings are not included in the City’s demand projections in this report. Table 4‐5 Inclusion in Water Use Projections Are Future Water Savings Included in Projections? Yes Are Lower Income Residential Demands Included in Projections? Yes 8.A.a Packet Pg. 90 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 4-8 City of Gilroy 2020 Urban Water Management Plan WATER USE FOR LOWER INCOME HOUSEHOLDS Law SB 1087 (Florez, 2005) amended the UWMPA to require urban water suppliers to include single family and multi-family residential units for lower income households as identified by the City, County, or combination of both within the service area of the provider. In the 2020 UWMP, the low-income projected water demands were calculated based on existing land use percentages, assuming low-income housing at 55%. According to the 2015-2023 Housing Element, which was updated as part of the City’s 2040 General Plan, 45% of households were considered lower- income households. As indicated by Table 4-5, the low-income water demands are included in the total water demand projection that is summarized in Table 4-2. CLIMATE CHANGE Based on the City’s location and current climate, the most notable changes in climate are related to increasing average temperature, intensifying storm events, and extending drought periods. While the precise effects of climate change on water demand remain uncertain, it is expected that water demands will be affected by increased temperatures and extended drought periods. According to the Valley Water 2020 UWMP, a preliminary climate study indicates that the average annual maximum temperatures within Santa Clara County could increase by 2.0°F, while annual rainfall totals could exhibit high year-to-year variability, including very dry and very wet years. Without ongoing water conservation, the increase in annual temperature and precipitation variability will potentially also increase water demands for outdoor irrigation and agricultural uses. 10631.1 (a) The water use projections required by Section 10631 shall include projected water use for single-family and multifamily residential housing needed for lower income households, as defined in Section 50079.5 of the Health and Safety Code, as identified in the housing element of any city, county, or city and county in the service area of the supplier. California Health and Safety Code 50079.5 (a) “Lower income households” means persons and families whose income does not exceed the qualifying limits for lower income families…In the event the federal standards are discontinued, the department shall, by regulation, establish income limits for lower income households for all geographic areas of the state at 80 percent of area median income, adjusted for family size and revised annually. 8.A.a Packet Pg. 91 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 5-1 City of Gilroy 2020 Urban Water Management Plan 2020 City of Gilroy 5.0 CHAPTER 5 – BASELINES AND TARGETS Senate Bill X7-7 (SBX7-7) was approved by the Governor of California on November 10, 2009, This Senate Bill required urban water suppliers to set target goals for water conservation, which were to be achieved by the year 2020. These goals were referred to as the “20X2020” goals and included reducing per capita consumption by 20 percent by the year 2020. This chapter summarizes the methods used to estimate the target water use. As part of the 2020 UWMP update, this chapter evaluates if the City achieved the required water use reduction target. Due to ongoing water conservation policies and practices within the City’s service area, the 2020 per capita water demand target has been achieved. BASELINE AND TARGETS The evaluation of a supply source or storage needs for future growth is commonly achieved by evaluating past water consumption on a per person basis. The future needs of the supply source can then be evaluated by applying the per capita consumption rate, expressed as gallons per capita per day (gpcd), to the projected population. Table 5-1 summarizes the baseline periods and per capita water use targets determined as part of the SBX7-7 calculations. The City, from 1980 to 2000, had an average gpcd of 173. As documented in the 2010 UWMP, conservation efforts were successful in lowering water consumption rates per capita, with the average from 2001 to 2010 dropping to approximately 160 gpcd. Continued conservation efforts were successful in lowering the water consumption rates even further, with the per capita water consumption rate equal to 113 gpcd in 2015, and 130 gpcd in 2020. Table 5‐1 Baselines and Targets Summary Baseline Period Start Year End Year Per Capita Water Use Average Baseline Confirmed 2020 Target (gpcd) (gpcd) 10‐15 year 1995 2009 166 133 5 Year 2005 2009 165 BASELINE PERIODS This section discusses the baseline periods used in the UWMP. The baseline periods discussed in this section are consistent with the 2015 UWMP. 8.A.a Packet Pg. 92 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 5-2 City of Gilroy 2020 Urban Water Management Plan 5.2.1 Determination of the 10-15 Year Baseline Period (Baseline GPCD) Law To adequately project future water use, SBX7-7 must be considered with the appropriate reductions. As part of the new requirements for reductions in water use, a range in years needs to be selected for calculating the base daily (historical) per capita water use. SBX7-7 allows the selection of either 10 or 15 years as a base period for calculating the average consumption per capita. If the recycled water use exceeds 10 percent of potable water production, a 15-year base period is allowed. Otherwise, a 10-year base period should be used. Additionally, a 5-year base period is to be identified for interim target projections. The 10- to 15-year base period must end between December 31, 2004 and December 31, 2010; and the 5-year base period must end between December 31, 2007 and December 31, 2010. The City’s calculations for the base periods are documented on the following page in SBX7-7 Table 1. Since the recycled water usage in 2008 accounted for more than 10 percent of the total potable water production, the City qualifies for the 15-year base period. The 2020 UWMP uses baseline periods consistent with the 2015 UWMP, where the 15-year baseline period is defined as 1995 to 2009. 5.2.2 Determination of the 5-year Baseline Period (Target Confirmation) Law In order to confirm that the calculated 2020 Urban Water Use target meets the minimum water use reduction requirements, water use must also be calculated over a 5-year baseline period. The 2015 UWMP selected a 5-year range of 2005-2009, and this range is not updated as part of the 2020 UWMP. 10608.12 (b) “Base daily per capita water use” means any of the following: (1) The urban retail water supplier’s estimate of its average gross water use, reported in gallons per capita per day and calculated over a continuous 10-year period ending no earlier than December 31, 2004, and no later than December 31, 2010. (2) For an urban retail water supplier that meets at least 10 percent of its measure retail water demand through recycled water that is delivered within the service area of an urban retail water supplier or its urban wholesale water supplier, the urban retail water supplier may extend the calculation described in paragraph (1) up to an additional five years to a maximum of a continuous 15-year period ending no earlier than December 31, 2004 and no later than December 31, 2010. 10608.12 (b). (3) For the purposes of Section 10608.22, the urban retail water supplier’s estimate of its average gross water use, reported in gallons per capita per day and calculated over a continuous five-year period ending no earlier than December 31, 2007, and no later than December 31, 2010. 8.A.a Packet Pg. 93 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 5-3 City of Gilroy 2020 Urban Water Management Plan SBX7‐7 Table 1 Baseline Period Ranges Baseline Parameter Value Units 10‐ to 15‐year baseline period 2008 total water deliveries 9,259 Acre Feet 2008 total volume of delivered recycled water 1,047 Acre Feet 2008 recycled water as a percent of total deliveries 11.3% Percent Number of years in baseline period 15 Years Year beginning baseline period range 1995 Year ending baseline period range 2009 5‐year baseline period Number of years in baseline period 5 Years Year beginning baseline period range 2005 Year ending baseline period range 2009 SERVICE AREA POPULATION Law California Department of Finance (DOF) population estimation was used to determine historical populations as part of the 15-year average per capita water use, as indicated on the following page in SBX7-7 Table 2. The baseline service area population was updated with the DOF estimates based on the 2010 census data and is summarized on the following page in SBX7-7 Table 3. This updated population over the baseline period is used in the calculation of the baseline period average per capita water use. 10608.20 (e) An urban retail water supplier shall include in its urban water management plan due in 2010…the baseline daily per capita water use, …along with the bases for determining those estimates, including references to supporting data. (f) When calculating per capita values for the purposes of this chapter, an urban retail water supplier shall determine population using federal, state, and local population reports and projections. 10644 (a)(2) The plan…shall include any standardized forms, tables, or displays specified by the department 8.A.a Packet Pg. 94 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 5-4 City of Gilroy 2020 Urban Water Management Plan SBX7‐7 Table 2 Method for Population Estimates Method Used to Determine Population 1. Department of Finance (DOF) DOF Table E‐8 (1990 ‐ 2000) and (2000‐2010) and DOF Table E‐5 (2011 ‐ 2020) 2. Persons‐per‐Connection Method 3. DWR Population Tool 4. Other GROSS WATER USE Law In order to determine the baseline per capita water use, gross water use entering the distribution system of the supplier must be determined for each year within the baseline period. There are a number of exclusions taken into consideration when determining the annual gross water use, including: recycled water delivered in the service area; water volume placed into long term storage; water conveyed for use by another urban water supplier; water delivered; for agricultural use; and industrial water use if the total industrial use is greater than or equal to 12% of gross water use. Based on historical production reports, and consistent with the 2015 UWMP, there are no exceptions to be taken into consideration when calculating the City’s gross water use. The City’s historical gross water use and the volume of water entering the distribution system are respectively summarized on SBX7-7 Table 4 and SBX7-7 Table 4-A, which are found on the 10608.12 (g) “Gross Water Use” means the total volume of water, whether treated or untreated, entering the distribution system of an urban retail water supplier, excluding all of the following: (1) Recycled water that is delivered within the service area of an urban retail water supplier or its urban wholesale water supplier (2) The net volume of water that the urban retail water supplier places into long term storage (3) The volume of water the urban retail water supplier conveys for use by another urban water supplier (4) The volume of water delivered for agricultural use, except as otherwise provided in subdivision (f) of Section 10608.24. California Code of Regulations Title 23 Division 2 Chapter 5.1 Article Section 596 (a) An urban retail water supplier that has a substantial percentage of industrial water use in its service area is eligible to exclude the process water use of existing industrial water customers from the calculation of its gross water use to avoid the disproportionate burden on another customer section. 8.A.a Packet Pg. 95 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 5-5 City of Gilroy 2020 Urban Water Management Plan following pages. As SBX7-7 Table 4 shows, the City’s gross water use in the 2020 compliance water year is equal to 8,271 AF. SBX7‐7 Table 3 Service Area Population Year Population 10 to 15 Year Baseline Population Year 1 1995 33,803 Year 2 1996 34,767 Year 3 1997 35,926 Year 4 1998 38,116 Year 5 1999 39,839 Year 6 2000 41,464 Year 7 2001 42,436 Year 8 2002 43,144 Year 9 2003 43,866 Year 10 2004 45,026 Year 11 2005 45,782 Year 12 2006 46,446 Year 13 2007 47,047 Year 14 2008 48,353 Year 15 2009 48,627 5 Year Baseline Population Year 1 2005 45,782 Year 2 2006 46,446 Year 3 2007 47,047 Year 4 2008 48,353 Year 5 2009 48,627 2015 Compliance Year Population 2015 54,324 2020 Compliance Year Population 2020 57,084 8.A.a Packet Pg. 96 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 5-6 City of Gilroy 2020 Urban Water Management Plan SBX7‐7 Table 4 Annual Gross Water Use Baseline Year Volume Into Distribution System Deductions Annual Gross Water Use Exported Water Change in Dist. System Storage (+/‐) Indirect Recycled Water Water Delivered for Agricultural Use Process Water (AF) (AF) (AF) (AF) (AF) (AF) (AF) 10 to 15 Year Baseline ‐ Gross Water Use Year 1 1995 6,138 6,138 Year 2 1996 6,387 6,387 Year 3 1997 7,089 7,089 Year 4 1998 6,543 6,543 Year 5 1999 7,307 7,307 Year 6 2000 7,801 7,801 Year 7 2001 8,007 8,007 Year 8 2002 8,498 8,498 Year 9 2003 7,897 7,897 Year 10 2004 8,332 8,332 Year 11 2005 7,961 7,961 Year 12 2006 8,897 8,897 Year 13 2007 9,192 9,192 Year 14 2008 9,259 9,259 Year 15 2009 8,477 8,477 10 ‐ 15 year baseline average gross water use 7,852 5 Year Baseline ‐ Gross Water Use Year 1 2005 7,961 7,961 Year 2 2006 8,897 8,897 Year 3 2007 9,192 9,192 Year 4 2008 9,259 9,259 Year 5 2009 8,477 8,477 5 year baseline average gross water use 8,757 2015 Compliance Year ‐ Gross Water Use 2015 6,871 2015 gross water use 6,871 2020 Compliance Year ‐ Gross Water Use 2015 8,271 2020 gross water use 8,271 8.A.a Packet Pg. 97 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 5-7 City of Gilroy 2020 Urban Water Management Plan SBX7‐7 Table 4‐A Volume Entering Distribution System Name of Water Source: Groundwater, Llagas Subbasin Baseline Year Volume Entering Distribution System (AF) 10 to 15 Year Baseline ‐ Water into Distribution System Year 1 1995 6,138 Year 2 1996 6,387 Year 3 1997 7,089 Year 4 1998 6,543 Year 5 1999 7,307 Year 6 2000 7,801 Year 7 2001 8,007 Year 8 2002 8,498 Year 9 2003 7,897 Year 10 2004 8,332 Year 11 2005 7,961 Year 12 2006 8,897 Year 13 2007 9,192 Year 14 2008 9,259 Year 15 2009 8,477 5 Year Baseline ‐ Water into Distribution System Year 1 2005 7,961 Year 2 2006 8,897 Year 3 2007 9,192 Year 4 2008 9,259 Year 5 2009 8,477 2015 Compliance Year ‐ Water into Distribution System 2015 6,871 2020 Compliance Year ‐ Water into Distribution System 2020 8,271 8.A.a Packet Pg. 98 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 5-8 City of Gilroy 2020 Urban Water Management Plan BASELINE DAILY PER CAPITA WATER USE The final baseline calculation is to determine the per capita water use in each baseline year and the average per capita water use over the entire baseline period. Using the baseline period and service area population as described in previous sections, the per capita water use for each year has been determined and can be seen in SBX7-7 Table 5; the maximum and minimum per capita water use over the baseline period respectively are 176 gpcd in 1997 and 153 gpcd in 1998. The average per capita water use over the 15-year baseline period is 166 gpcd. SBX7-7 Table 6 on the following page summarizes the 15-year baseline per capita water use, the 5-year baseline per capita water use, and the 2020 compliance year per capita water use. SBX7‐7 Table 5 Gallons Per Capita Per Day (GPCD) Baseline Year Service Area Population Annual Gross Water Use Daily Per Capita Water Use (AF) (gpcd) 10 to 15 Year Baseline Per Capita Water Use Year 1 1995 33,803 6,138 162 Year 2 1996 34,767 6,387 164 Year 3 1997 35,926 7,089 176 Year 4 1998 38,116 6,543 153 Year 5 1999 39,839 7,307 164 Year 6 2000 41,464 7,801 168 Year 7 2001 42,436 8,007 168 Year 8 2002 43,144 8,498 176 Year 9 2003 43,866 7,897 161 Year 10 2004 45,026 8,332 165 Year 11 2005 45,782 7,961 155 Year 12 2006 46,446 8,897 171 Year 13 2007 47,047 9,192 174 Year 14 2008 48,353 9,259 171 Year 15 2009 48,627 8,477 156 10‐15 Year Average Baseline GPCD 166 5 Year Baseline Per Capita Water Use Year 1 2005 45,782 7,961 155 Year 2 2006 46,446 8,897 171 Year 3 2007 47,047 9,192 174 Year 4 2008 48,353 9,259 171 Year 5 2009 48,627 8,477 156 5 Year Average Baseline GPCD 165 2015 Compliance Year Per Capita Water Use 2015 54,324 6,871 113 2020 Compliance Year Per Capita Water Use 2020 56,704 8,271 130 8.A.a Packet Pg. 99 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 5-9 City of Gilroy 2020 Urban Water Management Plan SBX7‐7 Table 6 Gallons per Capita per Day Summary Per Capita Water Use (gpcd) 10‐15 Year Baseline 166 5 Year Baseline 165 2020 Compliance Year 130 2020 final TARGETS Consistent with the 2015 UWMP, the 2020 Urban Water Use Target was calculated using Method 1, which is indicated in SBX7-7 Table 7. Method 1, as defined by DWR, is a straight 20 percent reduction in water use. Using Method 1, the City’s 2020 urban water use target is documented as 133 gpcd, which can be seen on the following page in SBX7-7 Table 7-A. SBX7‐7 Table 7 2020 Target Method Target Method Supporting Documentation Method 1 SB X7‐7 Table 7A Method 2 SB X7‐7 Tables 7B, 7C, and 7D Method 3 SB X7‐7 Table 7‐E Method 4 Method 4 Calculator SB X7‐7 Table 7‐A: Target Method 1 10‐15 Year Baseline 2020 Target (gpcd) (gpcd) 166 133 8.A.a Packet Pg. 100 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 5-10 City of Gilroy 2020 Urban Water Management Plan 5.6.1 5-Year Baseline – 2020 Target Confirmation Law The 2020 Urban Water Use Target is required to reduce the City’s 2020 water use by a minimum of 5 percent from the 5-year baseline period (2005-2009). As calculated in SB X7-7 Table 5, the average per capita water use for the 5-year baseline period is 165 gpcd. The 2020 urban water use target of 133 gpcd is an approximate 20 percent reduction from the 5-year average per capita water use, thereby confirming the 2020 Urban Water Use Target as documented in SBX7-7 Table 7-F. SBX7‐7 Table 7‐F Confirm Minimum Reduction for 2020 Target 5 Year Baseline GPCD Maximum 2020 Target1 Calculated 2020 Target Confirmed 2020 Target (gpcd) (gpcd) (gpcd) (gpcd) 165 157 133 133 Notes: 1. Maximum 2020 Target is 95% of the 5‐year Baseline per capita water use 2020 COMPLIANCE DAILY PER CAPITA WATER USE Law Using the City population and gross water use for the 2020 compliance year, the per capita water use was calculated as 130 gpcd, meaning the City has met the 2020 target per capita water use of 133 gpcd. Table 5-2 and SBX7-7 Table 9 summarizes the City’s compliance with the 2020 per capita water use targeted reduction. 10608.22 Notwithstanding the method adopted by an urban retail water supplier pursuant to Section 10608.20, an urban retail water supplier’s per capita daily water use reduction shall be no less than 5 percent of base daily per capita water use as defined in paragraph (3) of subdivision (b) of Section 10608.12. This section does not apply to an urban retail water supplier with a base daily per capita water use at or below 100 gallons per capita per day. 10608.12 (f) “Compliance daily per-capita water use” means the gross water use during the final year of the reporting period… 10608.20 (e) An urban retail water supplier shall include in its urban water management plan due in 2010…compliance daily per capita water use, along with the bases for determining those estimates, including references to supporting data. 8.A.a Packet Pg. 101 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 5-11 City of Gilroy 2020 Urban Water Management Plan SBX7‐7 Table 9/Table 5‐2 2020 Compliance Actual 2020 Per Capita Water Use Optional Adjustments to 2020 2020 Confirmed Target GPCD Did Supplier Achieve Targeted Reduction for 2020? Extraordinary Events Economic Adjustment Weather Normalization Total Adjustments Adjusted 2020 Flow (gpcd) (gpcd) (gpcd) 130 0 0 0 0 130 133 Yes REGIONAL ALLIANCE The DWR allows water supply agencies to comply with SB X7-7 through a Regional Alliance, and the corresponding SB X7-7 compliance information must be reported in a Regional Alliance Report. The City is not part of a regional alliance and is not reporting any compliance information in a Regional Alliance Report. 8.A.a Packet Pg. 102 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 6-1 City of Gilroy 2020 Urban Water Management Plan 2020 City of Gilroy 6.0 CHAPTER 6 – SYSTEM SUPPLIES The purpose of this chapter is to summarize the City’s current and planned water supply sources and volumes. This includes a description of the groundwater basins used by the City as a source of supply as well as the existing recycled water use PURCHASED OR IMPORTED WATER The City currently uses local groundwater as the sole source of water supply and does not purchase or import water from any other water suppliers or entities. GROUNDWATER The City is located above the Santa Clara Valley Groundwater Basin (Figure 6-1). This basin can further be divided into subbasins that help better define the aquifer below the city. These subbasins are interconnected and help filter, transmit, and store water. The subbasins that subdivide the Santa Clara Valley Groundwater Basin are the Santa Clara Plain, in the north, and the Coyote Valley, which connects the Santa Clara Plain and the Llagas Subbasin. The Llagas Subbasin (Subbasin 3-003.01) is listed as part of the Gilroy-Hollister Groundwater Basin by DWR. These basins can be further defined by the aquifer characteristics, such as confinement and soil properties. 6.2.1 Basin Description Law 6.2.1.1 Groundwater Basin The Regional Llagas Subbasin is monitored and addressed by Valley Water. The January 2021 Groundwater Condition Report from Valley Water notes that groundwater levels were 13 feet lower than the 5-year average for the Llagas Subbasin. Additionally, groundwater pumping for 2020 was 6% above the subbasin 5-year average, and groundwater recharging for 2020 was 11% lower than the subbasin 5-year average. 10631. (b)(4) If groundwater is identified as an existing or planned source of water available to the supplier, all of the following information shall be included in the plan: (B) A description of any groundwater basin or basins from which the urban water supplier pumps groundwater. 8.A.a Packet Pg. 103 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 !( !( !( Morgan Hill Watsonville Gilroy U n i o n P a c ifi c R a ilr o a d £¤101 £¤101 £¤101 £¤101 UV152 UV152 UV25 UV152 UV129 UV129 UV129 UV1 UV152 Calero Reservoir Anderson Reservoir Coyote Reservoir Uvas Reservoir Sources: Esri, USGS, NOAA Figure 6-1 Groundwater Subbasins 2020 Urban Water Management Plan City of Gilroy 5Updated: May 20, 2021 GIS 0120.5 Miles Legend Groundwater Subbasins DWR Subbasins Santa Clara (2-9.02) Llagas (3-3.01) Pajaro Valley (3-02) Bolsa Area (3-03.02) Hollister Area (3-03.03) San Juan Bautista Area (3-03.04) Santa Cruz Purisima Formation (3-21) Hydrographic Units Coyote Valley Recharge Area Llagas Recharge Area Llagas Confined Area Bedrock Approximate Extent of Confined Area Flie Path: P:\xGIS\GIS_Projects\Gilroy\Water\210520-2020 UWMP\GL_Fig6-1_GroundWaterBasins_052021.mxd PRELIMINARY 8.A.a Packet Pg. 104 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 6-3 City of Gilroy 2020 Urban Water Management Plan 6.2.1.2 Basin Boundaries The Santa Clara Plain, located in the northern part of Santa Clara County, extends from Coyote Narrows at Metcalf Road to the County’s northern boundary. It is bound on the east by the Diablo Range and the Santa Cruz Mountains to the west. The two ranges converge at Coyote Narrows to form the southern reach of the basin. The Santa Clara Plain is approximately 22 miles long and 15 miles wide, with a surface area of approximately 225 square miles. The northern area of the subbasin is confined by clay layers, forming a low permeability zone. The southern zone is unconfined, with little restriction from clay layers. The Llagas Subbasin, located in the southern portion of the County, is the subbasin to which the city of Gilroy is located within. It begins at Cochrane Road, near the city of Morgan Hill, where it reaches south to the Santa Clara-San Benito County line. At this point, the subbasin is bounded by the Pajaro River. At approximately 74 square miles, the Llagas Subbasin is 15 miles long, 3 miles wide along the northern bounds, and tapers out to approximately 6 miles along the Pajaro River boundary. The subbasin has confined and unconfined portions within its boundary. The confined area protrudes to the north from the Pajaro River, with a thick clay layer binding the subbasin to approximately Church Creek. The extreme east-west portions, as well as north of Church Creek, are generally categorized as the unconfined portion of the Llagas Subbasin. The Valley Water estimates the storage capacity of the Llagas Subbasin to be 150,000 acre-feet. 6.2.1.3 Groundwater Studies Two previous groundwater studies help delineate groundwater conditions for the City: a well siting study by Furgo (2004) and the examination of subsurface geologic conditions and groundwater condition summary, found in Appendix B, performed by Kenneth D. Schmidt Associates (2003). In addition, Valley Water has produced a 2019 Annual Groundwater Report dated January 2020. This report describes conditions of the groundwater with Santa Clara County’s three subbasins: Santa Clara Plain, Coyote Valley, and Llagas. Valley Water also published a 2014 Llagas Subbasin Salt and Nutrient Management Plan, which assessed all salt and nutrient loading in the subbasins to evaluate existing and projected future assimilative capacity. Additionally, DWR (1981) completed a study on groundwater resources for the South County area. 6.2.1.4 Subsurface Geologic Conditions The California Department of Water Resources (DWR 1981) categorizes two generalized subsurface geologic cross sections. The two cross sections are the Franciscan Formation and the Santa Clara Formation. The Franciscan Formation is comprised of mostly geologically manipulated marine sediments, as well as oceanic volcanic rock. The Santa Clara Formation is relatively new when considering geologic time and is very similar to the exposed alluvial deposits of the Santa Clara Valley. In general, the Santa Clara Formation is a well consolidated formation. In the deeper portions of the geologic cross section, Lacustrine deposits, made primarily of clay deposited by ancestral Lake San Benito and ancestral lakes, confine the aquifer in the southern portion of the City. 8.A.a Packet Pg. 105 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 6-4 City of Gilroy 2020 Urban Water Management Plan In the analysis performed by Furgo (2004) and supplemented by City test well data, the depths to bedrock increased from west to east from near 200 feet at Santa Teresa Boulevard and Third Street to approximate depths greater than 900 feet at San Ysidro Park near Highway 101. As progression goes east of Highway 101, anticipated depths exceeded 1,000 feet in between Leavesley Boulevard and 10th Street. Additional geologic cross sections were provided in the report by Kenneth D. Schmidt and Associates, incorporating City wells and displaying the nature of the alluvial clay, silt, and gravel layers. Generally, thicker deposits of sand and gravel can be found alongside and to the east of Highway 101. Well tests in the 2005 UWMP reported specific capacities of the City wells ranging from approximately 30 to 70 gallons per minute (gpm)/ft west of Highway 101 to approximately 70 to 150 gpm/ft east of Highway 101. The overall specific capacity range of 30 to 150 gpm/ft for City production wells allowed well yields of 1,300 to 3,000 gpm with drawdowns of 20 to 60 feet. West of Princevalle Street in the City, specific capacities and well yields are reduced considerably due to higher bedrock and thin sand/gravel deposits. Two test wells that were installed to the west of Princevalle Street experienced specific capacity values of less than 10 gpm/ft and depths to bedrock of 200 to 300 feet. 6.2.1.5 Groundwater Levels At the preparation of the 2005 City UWMP, DWR maps were obtained for the fall of 1914 and for the fall of 1974. These maps indicated a south-southeasterly groundwater flow direction beneath the City. Additionally, these maps indicated flows coming from the northwest and into the City; from the base of the mountains to the central part of the Llagas Subbasin. Water levels increased in depth by about 30 feet from 1914 to 1974. Groundwater elevations ranged from about 170 to 187 feet mean sea level (MSL) between 10th Street and Leavesley along Highway 101 in 1914 and from about 140 to 158 feet MSL in the same area in 1974. Groundwater usage in the South Santa Clara Valley is generally found in unconfined conditions; however, due to deep Lacustrine clay deposits, wells around 500 ft do experience confined aquifer conditions. The Lacustrine deposits from ancestral Lake San Benito become more evident in the south part of the City, and wells at most depths are considered confined. In the Groundwater Conditions Report 2002/2003, Valley Water presented a groundwater elevation map noting groundwater conditions for the fall of 2003. The map indicated a southeasterly flow direction, with the high point near the connection of the Llagas Subbasin and Coyote Valley. Water-level decline over the past several decades has begun to be offset by the use of recharge in the form of percolation ponds along the Llagas and Uvas Creeks. Water levels typically fluctuated with rainfall and were the deepest during the 1976-77 and 1987-93 drought events. The Valley Water Groundwater Conditions Report 2002/2003 indicates that water levels were at their deepest during the 1977 drought year, while the maximum water level was in the El Nino 8.A.a Packet Pg. 106 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 6-5 City of Gilroy 2020 Urban Water Management Plan year of 1998. However, 2021 Groundwater Conditions Report indicates water levels have been within 13 feet of the surface within the last 5 years in the City. 6.2.2 Groundwater Quality Drinking water standards follow Title 22 Standards set forth by the State of California, in conjunction with the Environmental Protection Agency, to monitor the quality of potable water. The City currently monitors its supply wells, and the District monitors groundwater in Santa Clara County. The South County region has historically been a farming region, with a resulting addition to the naturally occurring levels of nitrate in the groundwater. While levels of nitrate of 10 milligrams per liter (mg/L) are common, higher sources of nitrate lend to anthropogenic sources. The Valley Water reports median levels of nitrate within the Llagas Subbasin as 5.8 mg/L as of 2019. Additional water quality information for the City relates to perchlorate levels due to the Olin Factory in the city of Morgan Hill. According to the Valley Water 2014 Annual Groundwater Report, the perchlorate plume has been getting smaller and approximately extends from Tennant Avenue in Morgan Hill to the San Martin Airport. 6.2.3 Groundwater Management Law 6.2.3.1 Groundwater Management Plan Valley Water prepared a Groundwater Management Plan report published in 2016 (2016 GMP) as an alternative to the Groundwater Sustainability Plan (GSP), which is a required planning document by DWR. The 2016 GMP delineates the role of Valley Water as groundwater managers within the County, as well as provides details of the basins to which the District maintains. The following are excerpts taken from the Executive Summary section of the 2016 GMP. It should be noted that Valley Water was previously known as Santa Clara Valley Water District (SCVWD), which is reflected in the excerpts below. Nearly half of the water used in Santa Clara County (county) is pumped from the Santa Clara and Llagas subbasins, with some communities relying solely on groundwater. For 10631. (b)(4) …if groundwater is identified as an existing or planned source of water available to the supplier, all of the following information shall be included in the plan: (C) The current version of any groundwater sustainability plan or … any groundwater management plan adopted by the urban water supplier…or any other specific authorization for groundwater management. (D) For basins that a court or the board has adjudicated the rights to pump groundwater, a copy of the order or decree adopted by the court or the board and a description of the amount of groundwater the urban water supplier has 8.A.a Packet Pg. 107 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 6-6 City of Gilroy 2020 Urban Water Management Plan over 80 years, the Santa Clara Valley Water District (District) has managed groundwater in the county per statutory authority provided by the Santa Clara Valley Water District Act (District Act). The District’s comprehensive groundwater management programs and investments have resulted in sustainable groundwater conditions for many decades, and will ensure groundwater resources are sustainable far into the future. This 2016 Groundwater Management Plan (GWMP) describes the District’s comprehensive groundwater management framework, including existing and potential actions to achieve basin sustainability goals and ensure continued sustainable groundwater management. The GWMP covers the Santa Clara and Llagas subbasins, located entirely in Santa Clara County and identified by the Department of Water Resources (DWR) as Basins 2-9.02 and 3-3.01, respectively. This 2016 GWMP is prepared pursuant to authority granted by the District Act and supersedes all previous Groundwater Management Plans. The 2016 GWMP also satisfies the objectives of the Sustainable Groundwater Management Act (SGMA). SGMA, enacted by the state legislature in 2014, and subsequent Groundwater Sustainability Plans (GSPs) Emergency Regulations have resulted in statewide requirements for basins designated as medium and high priority basins by DWR. In the basins designated by DWR as medium and high priority, local public agencies and Groundwater Sustainability Agencies (GSAs) are required to develop and implement GSPs or alternatives to GSPs (Alternative Plans). DWR has identified the Santa Clara and Llagas subbasins as medium- and high-priority basins, respectively. The 2016 GWMP meets the requirements of California Water Code (Water Code) Section 10733.6, which allows for an Alternative Plan to be submitted to DWR. Specifically, the District believes the 2016 GWMP, prepared pursuant to the District Act, qualifies as an Alternative Plan per Water Code Section 10733.6(b)(1), which defines an Alternative Plan as a plan developed pursuant to other law authorizing groundwater management. The 2016 GWMP, which updates technical information from the District’s previous GWMP adopted by the Board in 2012, meets the objectives of SGMA and contains information and elements that are functionally equivalent to the elements of a GSP required by Articles 5 and 7 of the GSP Emergency Regulations. 6.2.3.2 Integrated Water Resource Plan The objective of the Integrated Water Resource Plan (IWRP) is to develop a comprehensive and flexible water supply plan for the County through the year 2040. The IWRP incorporates community input and is capable of responding to changing water supply and demand conditions. The IWRP Preferred Strategy aims to maximize Valley Water’s flexibility to meet actual water demands, and where they match water projections. It relies on practices, such as water banking, recycled water, demand management, and water transfers. It further relies on “core elements” designed to validate baseline planning assumptions, monitor or evaluate resource options, and help meet planning objectives. 8.A.a Packet Pg. 108 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 6-7 City of Gilroy 2020 Urban Water Management Plan 6.2.4 Overdraft Conditions The Santa Clara Valley Groundwater Basin is not an adjudicated groundwater basin. According to the DWR 2016 Bulletin 118, the Santa Clara Valley Groundwater Basin is not in a condition of overdraft. In order to reduce the risk of groundwater basin overdraft, a recharge system has been developed by Valley Water. Valley Water manages facility recharge methods that account for over 60 percent of the total recharge in the basins they manage. 6.2.5 Historical Groundwater Pumping Law There are currently 9 existing groundwater wells located throughout the City, as shown in Figure 6-2. The combined supply capacity for these wells is approximately 18.8 mgd. The City’s supply firm capacity, designated as the total capacity less the largest unit out of service, is approximately 15.5 mgd. The volume of groundwater pumped by the City over the past five years is summarized on the following page in Table 6-1. Table 6‐1 Groundwater Volume Pumped Groundwater Type Location or Basin Name Volume 2016 2017 2018 2019 2020 (AF) (AF) (AF) (AF) (AF) Alluvial Basin Gilroy‐Hollister Groundwater Basin, Llagas Subbasin 6,977 7,814 7,855 7,691 8,271 Total 6,977 7,814 7,855 7,691 8,271 SURFACE WATER At the time of preparation of the 2020 UWMP, and consistent with the 2015 UWMP, the City does not use surface water as part of its water supply. STORMWATER At the time of preparation of the 2020 UWMP, and consistent with the 2015 UWMP, the City does not use stormwater as part of its water supply. 10631. (b)(4) …if groundwater is identified as an existing or planned source of water available to the supplier, all of the following information shall be included in the plan: (C) A detailed description and analysis of the location, amount, and sufficiency of groundwater pumped by the urban water supplier for the past five years. The description and analysis shall be based on information that is reasonable available, including, but not limited to, historic use records. 8.A.a Packet Pg. 109 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 #*#*#*#*#*#*#*#*#*£¤101£¤101UV152UV152Sunrise DrChurch StKern AveWelburn AveWren AveThird StSecond StMiller AveP r in c e v a lle S tSixth StTenth StUvas Park DrM u rray A v e Ca m in o Ar ro yo Renz LnOld Gilroy StLewis StGolden Gate AveBuena Vista AveM a rc e lla A v e Leavesley RdS a n Y s id ro Av e A rro y o C irF razier L ake R d M o n t e r e y S t Southside DrS a n ta T e re s a B lv d Castro Valley RdEagle Ridge DrClub DrBurchell RdDay RdMantelli DrL la g a s C r e e k Uvas CreekLlagas Cr eekMiller SloughLlagas CreekU vas C reekUvas CreekS a n ta T e r e s a B lv d Santa Teresa BlvdM o n t e re y S t Well No. 5Well No. 7Well No. 1Well No. 2Well No. 4Well No. 6Well No. 8Well No. 8AWell No. 3Figure 6-2Existing GroundwaterWell Locations2020 Urban Water Management PlanCity of Gilroy5Updated: May 20, 2021GIS00.510.25MileLegend#*WellsPipesRoadsRailroadsCity LimitsUrban Growth BoundaryRivers & CreeksWaterbodiesFile Path: P:\xGIS\GIS_Projects\Gilroy\Water\210520-2020 UWMP\GL_Fig6-2_ExistingWells_052021.mxdPRELIMINARY8.A.aPacket Pg. 110Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 6-9 City of Gilroy 2020 Urban Water Management Plan WASTEWATER AND RECYCLED WATER This section discusses the use of recycled water and the characteristics of the wastewater collected by the City for treatment. 6.5.1 Recycled Water Coordination Law In 1977, Valley Water, the City, and Gavilan Water Conservation District embarked on a partnership to construct and operate a recycled water system extending from the South County Regional Wastewater Authority (SCRWA) Wastewater Treatment Plant in southeast Gilroy to customers in the city of Gilroy. In 1999, a joint partnership between SCRWA, Valley Water, and the cities of Morgan Hill and Gilroy sought to develop a recycled water system that would enhance the wastewater treatment plant and the recycled water distribution system. Under this agreement, SCRWA would serve as the provider, Valley Water as the wholesaler, and Gilroy as a retailer. This agreement would serve as a benchmark to expand the recycled water system, and set future goals for further expansion. According to the 2015 South County Recycled Water Master Plan Update, as of September 2015, the existing recycled water system was providing recycled water to 12 locations throughout the southern portion of the City. 6.5.2 Wastewater Collection, Treatment, and Disposal Law 6.5.2.1 Wastewater Collected Within Service Area The City operates a wastewater collection system that collects wastewater within the City’s service area and transports it to the South County Regional Wastewater Authority (SCRWA) wastewater treatment plant (WWTP). Based on reports prepared by SCRWA, the City collected a total wastewater volume of more than 4,900 AF in 2020 (Table 6-2). 10633 The plan shall provide, to the extent available, information on recycled water and its potential for use as a water source in the service area of the urban water supplier. The preparation of the plan shall be coordinated with local water, wastewater, groundwater, and planning agencies that operate within the supplier’s service area. 10633 (a) A description the wastewater collection and treatment systems in the supplier’s service area, including a quantification of the amount of wastewater collected and treated and the methods of wastewater disposal (b) A description the quantity of treated wastewater that meets recycled water standards, is being discharge, and is otherwise available for use in a recycled water project. 8.A.a Packet Pg. 111 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 6-10 City of Gilroy 2020 Urban Water Management Plan Table 6‐2 Wastewater Collected Within Service Area in 2020 Wastewater Collection Recipient of Collected Wastewater Name of Wastewater Collection Agency Wastewater Volume Metered or Estimated? Volume of Wastewater Collected from UWMP Service Area 2020 Name of Wastewater Treatment Agency Receiving Collected Wastewater Treatment Plant Name Is WWTP Located Within UWMP Area? Is WWTP Operation Contracted to a Third Party? (AF) City of Gilroy Metered 4,998 South County Regional Wastewater Authority (SCRWA) SCRWA Wastewater Treatment Plant (SCRWA WWTP) Yes Yes 6.5.2.2 Wastewater Treatment and Discharge Within Service Area SCRWA currently operates and maintains the regional wastewater treatment plant (WWTP) south of the City under an agreement with Operations Management International. The total wastewater treated and discharged within the City’s service area is summarized in Table 6-3. Table 6‐3 Wastewater Treatment and Discharge Within Service Area in 2020 Wastewater Treatment Plant Name Discharge Location Name and Description Method of Disposal Does This Plant Treat Wastewater Generated Outside the Service Area? Treatment Level 2020 Volume Wastewater Treated Discharged Treated Wastewater Recycled Within Service Area Recycled Outside of Service Area (AF) (AF) (AF) (AF) SCRWA WWTP On‐site percolation ponds Percolation ponds Yes Secondary, Disinfected ‐ 23 5,513 5,513 0 0 SCRWA WWTP Recycled water distribution system for agricultural and landscape irrigation Other Yes Tertiary 1,278 0 1,278 0 Total 6,791 5,513 1,278 0 8.A.a Packet Pg. 112 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 6-11 City of Gilroy 2020 Urban Water Management Plan 6.5.3 Recycled Water System Law The South County Recycled Water System was initially constructed in 1977 as an agreement between Valley Water, the City, and Gavilan Water Conservation District. The full potential of this system was not realized until 1999, when a new agreement was signed to include the city of Morgan Hill and SCRWA. In this agreement, the system was updated, and consistent recycled water deliveries began. At this time, recycled water demand has increased to approximately 2,000 acre-feet per year. The existing recycled water distribution system consists of more than 15 miles of 8-inch to 36-inch diameter pipelines extending from the SCRWA WWTP to the western edge of the City along Hecker Pass Road. The system is comprised of two primary distribution systems, the North System and South System, which operate independently of each other. 6.5.4 Recycled Water Beneficial Uses This section documents the current uses of WWTP treated effluent. Law 6.5.4.1 Current and Planned Uses of Recycled Water In March 2016, the Recycled Water Feasibility Evaluation (RWFE), prepared as part of the 2015 South County Recycled Water Master Plan Update (RWMPU), identified current and planned uses of recycled water through billing records and the conduction of a market assessment. The existing uses identified were landscape irrigation, agricultural irrigation, and industrial processes. As identified in the market assessment, the potential future uses of recycled water in the City include landscape irrigation, agricultural irrigation, industrial processes, and potable reuse. The potential future recycled water users, identified as part of the 2015 RWMPU, are summarized on Figure 6-3. 10633 (c) A description the recycled water currently being used in the supplier’s service area, including, but not limited to, the type, place, and quantity of use. 10633 (d) A description and quantification of the potential uses of recycled water, including, but not limited to, agricultural irrigation, landscape irrigation, wildlife habitat enhancement, wetlands, industrial reuse, groundwater recharge, indirect potable reuse, and other appropriate uses, and a determination with regard to the technical and economic feasibility of serving those uses. (e) A description the projected use of recycled water within the supplier’s service area at the end of 5, 10, 15, 20 years and a description of the actual use of recycled water in comparison to uses previously projected pursuant to this subdivision. 8.A.a Packet Pg. 113 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 È6"##"ıÈ6"##"ı².UTUTÈ6"##"ıUTUTÈ6"#"ıÈ6"#"ıÈ6"#"ıST152ST152ST152S a n ta T e re s a B lv d Thomas RdLuchessa AveST25Bloomfield AveCarnadero AveSouthside DrE n g le W a y Mesa RdM o n t e r e y R d 8th StMiller AveWren AveM o n t e r e y R d Gilman Rd6th St1st St3rd St12Hecker Pass RdHollyhock Ln1st StKern AveMantelli DrMantelli DrMantelli DrM u r r a y A v e Welburn AveC h u r c h S t Santa Teresa BlvdA r r o y o C ir 10TH StC h u r c h S t P r in c e v a lle S t 6th St6th St5th St4th St2nd St3rd StH a n n a S t 7th StOrchard DrUvas Park DrOld Gilroy StBolsa RdWWTP1 2/3 61212 12121212121414141414141414141212121212Davidson AveSheldon AveST25Dunlap AveF e rg u s o n R d F razier L ake121 2 1 2 12121212302 0 2022202020202012122412243 0 3030303030303 0 12241818181824188830£¤101£¤101£¤101ST152242 4 8816Figure 6.3Potential Future Recycled Water System2020 Urban Water Management PlanCity of Gilroy5Updated: May 20, 2021GIS00.510.25MileLegendProposedUTStorage TanksÈ6"#"ıBooster StationsLong-Term Proposed PipesExisting User InfrastructurePotential Future UsersExisting².WWTPUTStorage TanksÈ6"##"ıBooster StationsPipesExisting UsersRoadsRailroadsCity LimitsUrban Growth BoundaryRivers & CreeksWaterbodiesFile Path: P:\xGIS\GIS_Projects\Gilroy\Water\2020-UWMP\GL_Fig6-4_FutureRW_052021.mxdPRELIMINARY8.A.aPacket Pg. 114Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 6-13 City of Gilroy 2020 Urban Water Management Plan The 2015 RWMPU estimated the existing users’ demands, based on the most recently available billing information, at approximately 2,000 AF. This includes an estimated 1,020 AF of WWTP utility water reuse. The 2015 RWMPU lists the projected average annual demand for the potential users as 3,698 AF. This projected average annual demand excluding the WWTP utility water is summarized on the following page in Table 6-4. It is assumed that this projected demand will be achieved by the year 2035 and remain constant in subsequent years. Table 6‐4 Current and Projected Recycled Water Direct Beneficial Uses Within Service Area Beneficial Use Type Level of Treatment Volume 2020 2025 2030 2035 2040 2045 (AF) (AF) (AF) (AF) (AF) (AF) Agricultural irrigation Tertiary 307 402 496 591 591 591 Landscape irrigation (excludes golf courses) Tertiary 97 127 157 187 187 187 Golf course irrigation Tertiary 765 1,002 1,239 1,476 1,476 1,476 Commercial use Industrial use Tertiary 109 142 176 210 210 210 Geothermal and other energy production Seawater intrusion barrier Recreational impoundment Wetlands or wildlife habitat Groundwater recharge Surface water augmentation Direct potable reuse Other Total 1,278 1,673 2,069 2,464 2,464 2,464 8.A.a Packet Pg. 115 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 6-14 City of Gilroy 2020 Urban Water Management Plan 6.5.4.2 Planned Versus Actual Use of Recycled Water Law The types of recycled water use identified as part of the 2020 UWMP are consistent with those identified in the 2015 UWMP, including landscape irrigation, commercial/industrial users, and agriculture irrigation. The City’s 2015 UWMP projected the recycled water use in 2020 to be 1,291 AF, while the actual recycled water is estimated to be approximately 1,278 AF; this difference is summarized in Table 6-5. Table 6‐5 2015 UWMP Recycled Water Use Projection Compared to 2020 Actual Use Type 2015 Projection for 2020 2020 Actual Use (AF) (AF) Agricultural irrigation 310 307 Landscape irrigation (excludes golf courses) 98 97 Golf course irrigation 773 765 Commercial use Industrial use 110 109 Geothermal and other energy production Seawater intrusion barrier Recreational impoundment Wetlands or wildlife habitat Groundwater recharge Surface water augmentation Direct potable reuse Other Total 1,291 1,278 . 10633 (e) (Provide) a description of the actual use of recycled water in comparison to uses previously projected pursuant to this subdivision. 8.A.a Packet Pg. 116 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 6-15 City of Gilroy 2020 Urban Water Management Plan 6.5.5 Actions to Encourage and Optimize Future Recycled Water Use Law Table 6-6 summarizes the methods expected to be implemented by the City to encourage future recycled water use; the methods identified are consistent with the 2015 UWMP. As part of the 2020 UWMP, the expected increase in recycled water demand due to the expansion methods must be estimated. For planning purposes, it is expected that the methods identified will account for the increase in recycled water use by the year 2030. Table 6‐6 Methods to Expand Future Recycled Water Use Name of Action Description Planned Implementation Year Expected Increase in Recycled Water Use (AF) Financial Incentives Financial incentives applied to recycled water supplied to potential City customers. 2020‐2040 1,186 Total 1,186 DESALINATED WATER OPPORTUNITIES Law The groundwater under the City is not brackish in nature, and does not require desalination. The City could provide financial assistance to another State Water Project (SWP) contractor in exchange for SWP supplies. Most of the water providers that are evaluating desalination plants as a means of water supply are not SWP contractors. In May 2003, the five largest Bay Area water providers initiated a feasibility study to determine the environmental and technical impacts of a regional desalination project. These water providers included the East Bay Municipal Utilities District, the San Francisco Public Utilities District, Contra Costa County Water District, Santa Clara Valley Water District, and Zone 7 Water Agency. The providers intend to explore the possibility of adding a desalination plant as a source of supply. 10633 (f) A description of actions, including financial incentives, which may be taken to encourage the use of recycled water, and the projected results of these actions in terms of acre-feet of recycled water used per year. (g) A plan for optimizing the use of recycled water in the supplier’s service area, including actions to facilitate the installation of dual distribution systems, to promote recirculating uses, to facilitate the increased use of treated wastewater that meets recycled water standards, and to overcome any obstacles to achieving that increased use. 10631 (g) Describe the opportunities for development of desalinated water, including, but not limited to, ocean water, brackish water, and groundwater, as a long-term supply 8.A.a Packet Pg. 117 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 6-16 City of Gilroy 2020 Urban Water Management Plan The desalination plant would diversify supply to the Bay Area, as well as enhance long-term regional sustainability. The project consists of at least one desalination plant, with the potential ultimate capacity of 20 million gallons per day. In March of 2008, a consultant was selected to build a pilot study plant in Contra Costa County to test pretreatment options, performance of membranes, and ways of disposing brine. Operation of the pilot plant study was completed in June 2009 and the final report was released in June 2010; the pilot plant study concluded that desalination at the location of the pilot plant is technically feasible. Following the completion of the pilot plant study, site specific studies were undertaken to determine the feasibility of alternative sites for further consideration. Based on the site-specific studies, it was determined that the Mallard Slough Pump Station Site was the most flexible location for a treatment facility. A schedule given by the Bay Area Regional Desalination Project is as follows:  Pre-Feasibility Studies – 2003-2005 (Completed)  Feasibility Study – 2007 (Completed)  Pilot Testing – 2009 (Completed)  Institutional Analysis – 2010 (Completed)  Site-Specific Analysis – 2011-2013 (Completed)  Regional Reliability Study – 2014-2015  Preliminary Design – TBD  Environmental Study – TBD  Design – TBD  Plant Construction – TBD Currently, all agencies are revisiting all available ways to optimize water sharing throughout the bay area region and looking to optimize their water supply planning and resource use through a holistic and regional approach. The City has not included desalinated water as part of its water supply projections. EXCHANGES OR TRANSFERS Law There are currently no known exchanges, transfers, or interties that exist between the City and any other water system. 10631 (c) Describe the opportunities for exchanges or transfers of water on a short-term or long-term basis. 8.A.a Packet Pg. 118 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 6-17 City of Gilroy 2020 Urban Water Management Plan FUTURE WATER PROJECTS Law As discussed in previous sections, the City’s sole source of potable water is groundwater. As such, the only method available to provide additional supply capacity for growing demand is the construction of new wells, and there are no additional types of future water projects the City plans to implement (Table 6-7). Table 6‐7 Expected Future Water Supply Projects or Programs No expected future water supply projects or programs that provide a quantifiable increase to the agency's water supply. The City is not required to complete the following table. Name of Future Projects or Programs Joint Project with other agencies? Description Planned Implementation Year Planned for Use in Year Type Expected Increase in Water Supply to Agency (AF) The City is in the process of updating the Water System Master Plan. This update will evaluate the need for additional groundwater wells to serve the future demand of the City and recommend specific years of construction. SUMMARY OF EXISTING AND PLANNED SOURCES OF WATER Law 10631 (f) …The urban water supplier shall include a detailed description of expected future water projects and programs…that the urban water supplier may implement to increase the amount of the water supply available to the urban water supplier in normal and single dry water years and for a period of drought lasting five consecutive water years. The description shall identify specific projects and include a description of the increase in water supply that is expected to be available from each project. The description shall include an estimate with regard to the implementation timeline for each project or program. 10631 (b) Identify and quantify, to the extent practicable, the existing and planned sources of water available to the supplier over the same five-year increments described in subdivision 10631(a). (4) (Provide a) detailed description and analysis of the amount and location of groundwater that is projected to be pumped by the urban water supplier. The description and analysis shall be based on information that is reasonable available, including, but not limited to, historic use records. 8.A.a Packet Pg. 119 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 6-18 City of Gilroy 2020 Urban Water Management Plan The City’s groundwater supply has been adequate to meet the City’s historical demands, and Table 6-8 summarizes the total amount of groundwater pumped in 2020. However, the City’s groundwater supply sustainability is dependent on raw water deliveries negotiated and imported by Santa Clara Valley Water District to the Llagas Subbasin. These deliveries are intended to recharge the groundwater aquifer. Table 6‐8 Water Supplies – Actual Water Supply Source 2020 Actual Volume Water Quality (AF) Groundwater 8,271 Drinking Water Total 8,271 In order to meet the growing demand, new groundwater wells will have to be constructed as necessary. The City intends to continue to use groundwater as the sole source of potable water supply. Table 6-9 on the following page summarizes the total projected water supply, including groundwater and recycled water sources, available through 2045. Table 6‐9 Water Supplies – Projected Water Supply Source Projected Water Supply 2025 2030 2035 2040 2045 (AF) (AF) (AF) (AF) (AF) Groundwater 22,000 22,000 22,000 22,000 22,000 Recycled Water 1,673 2,069 2,464 2,464 2,464 Total 23,673 24,069 24,464 24,464 24,464 CLIMATE CHANGE CONSIDERATIONS Valley Water serves as the local Groundwater Sustainability Agency for Santa Clara County, which includes the City’s service area. While the City currently uses groundwater as its sole source of supply, Valley Water’s complete supply portfolio includes multiple sources such as groundwater, surface water, imported water, exchanges, and recycled water. The following section summarizes the water supply impacts documented in the Valley Water 2020 UWMP, which have a direct or indirect effect on the City’s groundwater supplies. 8.A.a Packet Pg. 120 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 6-19 City of Gilroy 2020 Urban Water Management Plan  Decrease in quantity of imported water supplies. Potential reductions in imported water allocations or winter runoff volumes due to lower snowpack levels may decrease the amount of water available for import.  Decreases in the ability to utilize local surface water supplies. Changes in the timing and intensity of rainfall and runoff may change the ability of Valley Water to capture and use local surface water.  Increases in irrigation and cooling water demands. Higher temperatures will increase irrigation demands for agricultural, residential, and non-residential uses.  Decreases in water quality. Increases in algal blooms, turbidity, or salinity in water supplies due to changes in temperature, wildfire occurrence, or flow patterns will potentially reduce the quality of various water supplies.  Increases in the severity and duration of droughts. A combination of increased demands and reduced supplies during dry years will require proactive water supply planning by Valley Water, which may include the implementation of demand management measures of additional supplies. The above conditions will challenge the water resource management efforts of the City and Valley Water. The City will continue to rely on the climate change impact planning efforts being coordinated by Valley Water, which will evaluate the overall water supply portfolio and not just the City’s groundwater basins. Valley Water is currently analyzing climate impacts on existing and future water supply and preparing a climate change study. ENERGY INTENSITY Law As part of the 2020 UWMP update, California Water Code requires a general estimate of the amount of energy used to extract and convey water supplies. Due to the limitation of available 10631.2.(a) In addition to the requirements of Section 10631, an urban water management plan shall include any of the following information that the urban water supplier can readily obtain: (1) An estimate of the amount of energy used to extract or divert water supplies. (2) An estimate of the amount of energy used to convey water supplies to the water treatment plants or distribution systems. (3) An estimate of the amount of energy used to treat water supplies. (4) An estimate of the amount of energy used to distribute water supplies through its distribution systems. (5) An estimate of the amount of energy used for treated water supplies in comparison to the amount used for nontreated water supplies. (6) An estimate of the amount of energy used to place water into or withdraw from storage. (7) Any other energy-related information the urban water supplier deems appropriate. 8.A.a Packet Pg. 121 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 6-20 City of Gilroy 2020 Urban Water Management Plan utility bills or other energy use data, the City’s energy intensity is estimated based on well and booster station pump horsepower and estimated annual runtimes. The City’s estimated energy intensity is reported in Appendix C as part of the DWR standardized tables. 8.A.a Packet Pg. 122 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 7-1 City of Gilroy 2020 Urban Water Management Plan 2020 City of Gilroy 7.0 CHAPTER 7 – WATER SUPPLY RELIABILITY ASSESSMENT This chapter assesses the reliability of the City’s water supply under normal conditions, single year dry conditions, and five-year dry conditions. The reliability assessment includes a comparison of projected water use versus expected water supply for the next 20 years. This chapter also includes the newly required Drought Risk Assessment, which is a review of the capability of the City’s water supplies to meet demand for the next five years assuming a five-year drought occurs. CONSTRAINTS ON WATER SOURCES Law As discussed in previous sections, the City’s only current and planned source of supply is groundwater. The potential constraints on the City’s water supply are summarized as follows. 7.1.1 Legal Factors The City’s sole source of supply is groundwater extracted from the Llagas subbasin of the Gilroy- Hollister Groundwater Basin, which is a part of the Santa Clara Valley Groundwater Basin. This groundwater basin and subbasin are not adjudicated basins and no legal factors are expected to limit the availability of supply from Santa Clara Valley District Groundwater Sustainability Agency’s (SSVD GSA) groundwater sustainability plan (GSP). 7.1.2 Environmental Factors Environmental concerns can arise during the water planning process when a project’s impact on the ecosystem is taken into consideration. These concerns can subsequently cause a lack of supply due to the enforcement of environmental legislation. The City’s groundwater sources are not expected to be limited by any environmental factors. 7.1.3 Water Quality Factors Water quality factors that could affect the availability of supply include water contamination due to biological or chemical constituents. The primary water quality factors that could potentially impact the City are related to perchlorate, nitrate, and hexavalent chromium contamination. In order to estimate the potential impact on supply due to water quality contamination, the production 10631 (b)(1) A detailed discussion of anticipated supply availability under a normal water year, single dry year, and droughts lasting at least five years, as well as more frequent and severe periods of drought, as described in the drought risk assessment. For each source of water supply, consider any information pertinent to the reliability analysis conducted pursuant to Section 10635, including changes in supply due to climate change. 8.A.a Packet Pg. 123 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 7-2 City of Gilroy 2020 Urban Water Management Plan capacity of the largest capacity well is assumed to no longer be available to the City. This would result in a supply capacity reduction of approximately 3,707 AF. 7.1.4 Climatic Factors Groundwater levels in the Llagas subbasin are highly dependent on rainfall levels, which produce fluctuations in water levels during years of high or low rainfall. Inconsistent water levels due to drought have the potential to impact the supply availability for the City. Valley Water, along with the City and other member agencies, have multiple measures in place to minimize the potential supply impact due to drought and other climatic factors on the water supply. These preventative measures are summarized below. Additional impacts to the City’s water supply and demand due to climate change are discussed in previous sections.  Groundwater Recharge System: In order to maintain groundwater levels, Valley Water imports raw water and manages a recharge system. This facility method recharge system managed by Valley Water accounts for a portion of the total recharge in groundwater basins they manage.  Imported Water Connections: Valley Water supplies water for recharge through the State Water Project and the federal Central Valley Project. Drought and other climatic factors may cause the amount of water typically supplied to Valley Water through these imports to be reduced. RELIABILITY BY TYPE OF YEAR This section discusses the yearly supply conditions, and the sources of data for supply evaluation. 7.2.1 Types of Years This section discusses the type of years considered when evaluating water supply reliability, which are summarized on the following page in Table 7-1. The conditions are as follows:  Average Water Year – The average water year is a year that represents the median runoff levels from precipitation, as well as the same general pattern of runoff. The supply quantities would be similar to historical average supplies.  Single Dry Year – The single dry year is defined as the individual year with the lowest usable water supply. This condition can be derived as the year with the lowest annual supply and is represented by the year 1977.  Five-Consecutive-Year Drought – The five-consecutive-year drought is defined as the five consecutive years with the lowest usable water supply. The multiple dry years are detrimental to the water supply system because of their adverse effect on the levels of 8.A.a Packet Pg. 124 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 7-3 City of Gilroy 2020 Urban Water Management Plan local and state-wide reservoirs, as well as groundwater levels. Available supply for these conditions is constituted as the minimum historical yields for a running average of five years. Consistent with the Valley Water 2020 UWMP, the period between 1988 and 1992 was selected to represent the five-consecutive-year drought. Table 7‐1 Basis of Water Data Year Type Base Year Volume Available Percent of Average Supply (AF) (%) Average Year 20152 23,673 100% Single‐Dry Year 1977 18,939 80% Consecutive Dry Years 1st Year 1988 18,465 78% Consecutive Dry Years 2nd Year 1989 19,649 83% Consecutive Dry Years 3rd Year 1990 18,228 77% Consecutive Dry Years 4th Year 1991 18,465 78% Consecutive Dry Years 5th Year 1992 18,228 77% Notes: 1. Available volume for single dry and multiple dry year periods based on estimated percent of average supply, per Valley Water 2020 UWMP. 2. Base year for average dry year based on average of the period 1922‐2015 consistent with Valley Water 2020 UWMP. 7.2.2 Sources for Water Data To establish a basis of normal year, single dry year, and five-consecutive-year drought’s historical rainfall data available for the City from DWR was analyzed. SUPPLY AND DEMAND ASSESEMENT Law During prolonged years of drought, City-wide water use patterns are expected to change. Typically, outdoor water use will initially increase as irrigation is used to offset decreased rainfall. 10635 (a) Every urban water supplier shall include, as part of its urban water management plan, an assessment of the reliability of its water service to its customers during normal, dry, and multiple dry water years. This water supply and demand assessment shall compare the total water supply sources available to the water supplier with the total projected water use over the next 20 years, in five-year increments, for a normal water year, a single dry water year, and multiple dry water years. The water service reliability assessment shall be based upon the information compiled pursuant to Section 10631, including available data from state, regional or local agency population projections within the service area of the urban water supplier. 8.A.a Packet Pg. 125 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 7-4 City of Gilroy 2020 Urban Water Management Plan These potential water use increases can be offset, in part, by increasing water conservation measures. The supply available to the City during the various hydrologic water years, summarized in Table 7-1, is assumed to be equal to the estimated rate of natural groundwater recharge, recycled water consumption for users in Gilroy, and the raw and surface water deliveries managed and negotiated by Valley Water. The Valley Water 2020 UWMP estimates the percent of normal year supply available during the single dry and multiple dry water years; for conservative planning purposes, there percentages are applied to rate of recharge during the normal water year to determine the available supply during the single dry and multiple dry water years. The demand projections for the various hydrologic water years are summarized on the following pages in Table 7-2, Table 7-3, and Table 7-4. These tables include the total projected water demand through 2045 and estimates for total water supply based on the hydrologic water years. In addition to these City-specific supply and demand comparisons, a water budget derived from Valley Water groundwater planning estimates, has been included for the Llagas subbasin on the following page in Table 7-2A. This table documents the estimated total supply and demand during normal water years. Table 7‐2 Normal Year Supply and Demand Comparison 2025 2030 2035 2040 2045 (AF) (AF) (AF) (AF) (AF) Supply 23,673 24,069 24,464 24,464 24,464 Demand 10,319 11,383 12,498 13,273 14,109 Difference 13,354 12,686 11,966 11,191 10,355 8.A.a Packet Pg. 126 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 7-5 City of Gilroy 2020 Urban Water Management Plan Table 7-2A Projected Supply vs Demand Comparison (Llagas) Demand Condition 2025 2030 2035 2040 2045 (afy) (afy) (afy) (afy) (afy) Projected Water Supply of the Llagas Subbasin 1 Natural Groundwater Recharge 22,478 22,478 22,478 22,478 22,478 Local Surface Water 10,251 13,408 14,597 14,832 15,199 Valley Water CVP Deliveries 12,918 9,626 8,834 8,415 8,201 Recycled Water Supply2 1,673 2,069 2,464 2,464 2,464 Recycled Water2,3 (WWTP Utility Water) 1,224 1,228 1,232 1,232 1,232 Total Supplies (Including WWTP Utility Water) 48,544 48,808 49,605 49,420 49,574 Total Supplies (Excluding WWTP Utility Water) 47,320 47,580 48,373 48,188 48,342 Projected Average Annual Water Demand City of Gilroy 8,646 9,314 10,034 10,809 11,645 City of Morgan Hill4, 5 6,301 6,890 7,357 7,855 8,337 Other Users6 32,019 30,674 29,955 28,534 27,390 Total Demands 46,966 46,878 47,345 47,198 47,372 Supply vs Demand Comparison3 Difference (Supply - Demand) 354 702 1,028 990 970 Percent of Total Supplies 99% 99% 98% 98% 98% Notes: 1. Projected supply per South County Supply document received from SCVWD staff August 5, 2021. 2. Source: 2015 South County Recycled Water Master Plan Update, Table 3-10. 3. Recycled water use internally at WWTP facility is not considered as a reportable supply/demand of recycled Water. Therefore, it was excluded from Supply vs Demand Comparison. 4. Demand consistent with City of Morgan Hill draft 2020 UWMP. 5. City of Morgan Hill demand excludes Boys Ranch wells and Butterfield well, which are located in the Coyote Valley subarea. 6. Demand for other users calculated from document received from SCVWD staff August 5, 2021. 8.A.a Packet Pg. 127 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 7-6 City of Gilroy 2020 Urban Water Management Plan Table 7‐3 Single Dry Year Supply and Demand Comparison 2025 2030 2035 2040 2045 (AF) (AF) (AF) (AF) (AF) Supply 19,273 19,669 20,064 20,064 20,064 Demand 10,319 11,383 12,498 13,273 14,109 Difference 8,954 8,286 7,566 6,791 5,955 Table 7‐4 Multiple Dry Years Supply and Demand Comparison 2025 2030 2035 2040 2045 (AF) (AF) (AF) (AF) (AF) First year Supply 18,833 19,229 19,624 19,624 19,624 Demand 10,319 11,383 12,498 13,273 14,109 Difference 8,514 7,846 7,126 6,351 5,515 Second year Supply 19,933 20,329 20,724 20,724 20,724 Demand 10,319 11,383 12,498 13,273 14,109 Difference 9,614 8,946 8,226 7,451 6,615 Third year Supply 18,613 19,009 19,404 19,404 19,404 Demand 10,319 11,383 12,498 13,273 14,109 Difference 8,294 7,626 6,906 6,131 5,295 Fourth year Supply 18,833 19,229 19,624 19,624 19,624 Demand 10,319 11,383 12,498 13,273 14,109 Difference 8,514 7,846 7,126 6,351 5,515 Fifth year Supply 18,613 19,009 19,404 19,404 19,404 Demand 10,319 11,383 12,498 13,273 14,109 Difference 8,294 7,626 6,906 6,131 5,295 8.A.a Packet Pg. 128 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 7-7 City of Gilroy 2020 Urban Water Management Plan DROUGHT RISK ASSESSMENT Law As part of the 2020 UWMP, the California Water Code now requires urban water suppliers to develop a drought risk assessment (DRA). The DRA is a planning exercise that considers the effects on available water supply sources should a five-year drought occur immediately following the preparation of the DRA. It is similar in nature to the supply and demand assessment described in a previous section, but only evaluates the effects of a five-year drought. The DRA also considers the effect of the City’s Water Shortage Contingency Plan on available supply and total demand. Ultimately, the DRA is a proactive planning review that readies the City for the worst- case water supply condition should it occur in the immediate future. 7.4.1 DRA Data, Methods, and Basis for Water Shortage Conditions The DRA evaluates the effect on available water supply during the course of a five-year drought. As such, the same data and methodology used for preparing the supply and demand assessment through 2045, described in a previous section, can be used for the purposes of the DRA. For conservative planning purposes, the DRA considers an unconstrained demand condition within the City’s service area, which means no additional demand management measures or water use reduction methods are in place outside of the City’s year-round prohibitions. This conservative planning condition allows the DRA to identify if additional water use reductions, documented in the Water Shortage Contingency Plan, should be implemented. It should also be noted that the Valley Water 2020 UWMP considers a similar demand condition in the preparation of their 2020 UWMP, which also includes the City’s service area. 10635 (b) Every urban water supplier shall include, as part of its urban water management plan, a drought risk assessment for its water service to its customers as part of information considered in developing the demand management measures and water supply projects and programs to be included in the urban water management plan. The urban water supplier may conduct an interim update or updates to this drought risk assessment within the five-year cycle of its urban water management plan update. The drought risk assessment shall include each of the following: (1) A description of the data, methodology, and basis for one or more supply shortage conditions that are necessary to conduct a drought risk assessment for a drought period that lasts five consecutive water years, starting from the year following when the assessment is conducted. (2) A determination of the reliability of each source of supply under a variety of water shortage conditions. This may include a determination that a particular source of water supply is fully reliable under most, if not all, conditions. (3) A comparison of the total water supply sources available to the water supplier with the total projected water use for the drought period. (4) Considerations of the historical drought hydrology, plausible changes on projected supplies and demands under climate change conditions, anticipated regulatory changes, and other locally applicable criteria. 8.A.a Packet Pg. 129 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 7-8 City of Gilroy 2020 Urban Water Management Plan 7.4.2 DRA Individual Water Source Reliability The DRA water demand and supply comparisons are documented in Table 7-5, which indicates that the available groundwater supplies are expected to be able to meet the projected demands through the year 2025 should a five-year drought occur. The City’s DRA assumes an available groundwater supply equivalent to the rate of natural groundwater recharge. Additionally, available supply volume reductions during the five-year drought are applied to implement the effect of consecutive dry years. The available water supply volumes for each water source are documented as follows:  Llagas Subbasin: The available supply volume during a normal water year is assumed equal to the rate of natural recharge, or 22,000 AFY, as documented in the Valley Water 2016 GMP. This available supply volume is reduced during the course of a five-year drought based on supply reduction percentages summarized on Table 7-1. This five-year available supply volume varies between 16,900 AFY and 18,200 AFY.  Recycled Water: The available recycled water supply volume is assumed equal to the capacity of existing recycled water distribution system. Recycled water from SCRWA has been a highly reliable supply and as such the available water supply volume during the drought condition remains the same as in a normal year. As shown in Table 7-5 the City’s total available water supply varies between 18,300 AFY and 19,500 AFY. 7.4.3 DRA Total Water Supply and Use Comparison The City’s DRA is summarized in Table 7-5. Using assumptions for available supplies consistent with previous planning efforts, and accounting for an unconstrained demand condition, the DRA shows that the City will be able to meet projected water demands under a 5-consecutive-year drought starting in 2021. At this point in time, no water shortage declarations or shortage response actions are required to be implemented. 8.A.a Packet Pg. 130 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 7-9 City of Gilroy 2020 Urban Water Management Plan Table 7‐5 Five‐Year Drought Risk Assessment Totals 2021 2022 2023 2024 2025 Demands Total Water Use 9,507 9,710 9,913 10,116 10,319 Supplies Total Water Supplies 18,517 19,696 18,455 18,754 18,613 Surplus/Shortfall without WSCP Action 9,010 9,986 8,542 8,638 8,294 Planned WSCP Actions (use reduction and supply augmentation) WSCP ‐ supply augmentation benefit 0 0 0 0 0 WSCP ‐ use reduction savings benefit 0 0 0 0 0 Revised Surplus/(shortfall) 9,010 9,986 8,542 8,638 8,294 Resulting % Use Reduction from WSCP action 0% 0% 0% 0% 0% 7.4.4 Management Tools and Options Law In order to reduce the burden on groundwater resources during periods of prolonged drought, the City has developed a Water Shortage Contingency Plan that can be implemented to prevent and prohibit the wasting of water while also encouraging the community to conserve. The City’s supply reliability is dependent on the rate of available recharge for the groundwater subbasins beneath the City. Valley Water imports raw water through the State Water Project and federal Central Valley Project for the purpose of recharging the groundwater subbasins they manage, which includes the Llagas subbasin of the Santa Clara Valley subbasin. During periods of drought, the imported water supplies available to Valley Water can be reduced or not provided at all, which would reduce the amount of recharge available to the groundwater basins. In periods of water shortage, Valley Water works closely with the water suppliers extracting water from groundwater subbasins they manage in order to minimize overdraft and subsidence. Typically, when Valley Water identifies a risk to regional supply reliability, they call for urban water suppliers to reduce their water use through voluntary and mandatory water conservation ordinance. 10620 (f) An urban water supplier shall describe in the plan water management tools and options used by that entity that will maximize resources and minimize the need to import water from other regions. 8.A.a Packet Pg. 131 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 7-10 City of Gilroy 2020 Urban Water Management Plan Additionally, during a drought, Valley Water anticipates the City to use groundwater reserves. Historical groundwater monitoring by Valley Water in the Llagas subbasin also indicates stable groundwater conditions during multiple-year droughts. Through Valley Water’s implementation of conjunctive use programs, the Llagas groundwater subbasin has historically experienced well managed levels. As a result of this management, the Llagas subbasin is considered a reliable source of supply during water shortages. While pumping may exceed recharge during a drought, basin management practices have prevented long-term adverse conditions. 8.A.a Packet Pg. 132 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 8-1 City of Gilroy 2020 Urban Water Management Plan 2020 City of Gilroy 8.0 CHAPTER 8 – WATER SHORTAGE CONTINGENCY PLANNING This chapter summarizes the City’s Water Shortage Contingency Plan (WSCP). The WSCP is a separately adopted planning document that most notably outlines levels of water shortage conditions, demand reduction methods to be implemented in the event of a water shortage and the process the City will implement to perform an annual Supply and Demand assessment. The WSCP also includes discussion of the City’s communication protocols during a water shortage, methods of determining compliance and enforcing water use prohibitions, estimating the financial consequences of a water shortage, and the methods the City has in place to monitor and report the effectiveness of any water demand reduction methods implemented. WATER SUPPLY RELIABILITY ANALYSIS Law The City currently uses groundwater as the sole source of water supply, with wells extracting water from the Llagas Subbasin. This groundwater basin is managed by Valley Water and the Valley Water 2016 GMP lists the rates of natural recharge for these groundwater supply sources. Consistent with previously planning efforts, the City’s Water Supply Reliability Analysis considers the available supply volume for each Subbasin as equal to the rate of natural recharge. The Water Supply Reliability Analysis also considers the effects on available supply during a single-dry and five-year dry period. For conservative planning purposes, supply reduction percentages from the Valley Water 2020 UWMP were used to estimate the available groundwater supply during these dry year periods. The City has also prepared a Drought Risk Assessment, which is a proactive planning review that readies the City for worst-case water supply conditions should they occur in the immediate future. The DRA compares the City’s projected demands over the next five years to estimated available supplies should a five-year dry period occur. The results of the DRA prepared as part of the 2020 UWMP indicate that the City has sufficient supplies to meet projected demands over the next five years. ANNUAL WATER SUPPLY AND DEMAND ASSESSMENT Updates to the California Water Code now require that urban water suppliers prepare an annual water supply and demand assessment (Annual Assessment) on an annual basis. The findings of this Annual Assessment will be summarized in a report submitted to the Department of Water Resources by July 1 of each calendar year, with the first report required for submission on July 1st, 2022. The purpose of this annual assessment is to ensure water suppliers are proactively 10632 (a)(1) The analysis of water supply reliability conducted pursuant to Section 10635. 8.A.a Packet Pg. 133 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 8-2 City of Gilroy 2020 Urban Water Management Plan considering the available water supplies and demand requirements, as well as identifying the potential need for implementing the Water Shortage Contingency Plan. It should be noted that DWR is in the process of preparing a stand-alone guidance document that will outline general procedures to aid urban water suppliers in preparing the Annual Assessment. The decision-making process and Annual Assessment completion steps are preliminary at this point in time and will be further refined as the guidance document by DWR is completed. The City’s Water Shortage Contingency Plan is provided in Appendix D and summarizes the decision-making process and methodology used to prepare the Annual Assessment. The reporting timeline is shown in Figure 8-1. Figure 8‐1 Annual Assessment Reporting Timeline SIX STANDARD WATER SHORTAGE LEVELS The City’s Water Shortage Contingency Plan reflects the DWR-recommended six standard water shortage levels, as documented in Table 8-1. Identifying the appropriate shortage level will be in accordance with the procedures outlined as part of the Annual Assessment procedures. 8.A.a Packet Pg. 134 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 8-3 City of Gilroy 2020 Urban Water Management Plan Table 8‐1 Water Shortage Levels As an example, if the Annual Assessment determines a shortage of 22%, the City would be considered in a Severe Drought condition. With recommendations from City staff, the City Council has the authority to declare the appropriate conservation level considered necessary to manage the system demands and mitigate the water shortage. The City Council can also downgrade, upgrade, or terminate a shortage response level based on City staff recommendations. Each water rationing stage includes a water demand reduction percentage, which is to be applied to normal water demands. The plan is dependent on the cause, severity, and anticipated duration of the water shortage, and a combination of voluntary and mandatory water conservation measures, which can be put in place to reduce City-wide water usage. The water shortage stages are summarized on the following page in Table 8-2. SHORTAGE RESPONSE ACTIONS The City’s WSCP includes shortage response actions that may be implemented during a water shortage. Additionally, the City’s municipal code has multiple permanent water use restrictions in place year-round that minimize water waste. These shortage response actions and permanent water use restrictions are summarized in the WSCP, provided in Appendix D. PLAN ADOPTION, SUBMITTAL, AND AVAILABILITY The WSCP adoption, submittal, and availability process are the same as those for the City’s UWMP. However, the WSCP may be periodically amended independently from the City’s UWMP. Should an amendment to the WSCP be implemented, stakeholder and public notification methods consistent with the UWMP will be performed prior to the adoption of the amended plan. 8.A.a Packet Pg. 135 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 8-4 City of Gilroy 2020 Urban Water Management Plan Table 8‐2 Water Shortage Contingency Plan Levels Shortage Level Percent Supply Shortage/ Reduction Gilroy Shortage Level Valley Water Shortage Level Title Water Supply Condition Level 0 None Normal Normal Permanent water conservation requirements are effective at all times Level 1 Up to 10% Alert Alert Water Supply Shortage exists when City Council determines and agrees that up to 10% consumer demand reduction is necessary to make more efficient use of water. Level 2 11 to 20% Significant Severe Water Supply Shortage exists when City Council determines and agrees that 11% ‐ 20% consumer demand reduction is necessary to make more efficient use of water. Level 3 21 to 30% Severe Critical Water Supply Shortage exists when City Council determines and agrees that 21% ‐ 30% consumer demand reduction is necessary to make more efficient use of water. Level 4 31 to 40% Critical Critical Water Supply Shortage exists when City Council determines and agrees that 31% ‐ 40% consumer demand reduction is necessary to make more efficient use of water. Level 5 41 to 50% Crisis Emergency Water Supply Shortage exists when City Council determines and agrees that 41% ‐ 50% consumer demand reduction is necessary to make more efficient use of water. Level 6 > 50% Emergency Emergency Water Supply Shortage is referred to as Water Shortage Emergency, and exists when City Council determines and agrees that a consumer demand reduction of greater than 50% is necessary to maintain public water supplies. . 8.A.a Packet Pg. 136 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 9-1 City of Gilroy 2020 Urban Water Management Plan 2020 City of Gilroy 9.0 CHAPTER 9 – DEMAND MANAGEMENT MEASURES In 2014, Assembly Bill 2067 amended the UWMPA for the purpose of streamlining the reporting requirements of retail agencies from 14 specific measures to 6 more general requirements as well as an “other” category. In addition to a description of the seven required demand management categories, narrative is provided addressing the nature and extent of each water demand management measure implemented over the past 5 years as well as additional measures the supplier plans on implementing to achieve its water use targets. DEMAND MANAGEMENT MEASURES AND IMPLEMENTATION Law 9.1.1 Waste Water Prevention Ordinances In response to the Drought of 1992, the City adjusted its water reduction program to promote efficient water use within the City. With the amendments to the Water Reduction Program, the following are currently prohibited water uses:  Flooding or runoff on sidewalks, driveways, streets, gutters, and similar outdoor surfaces  Cleaning or washing of sidewalks, driveways, filling station aprons, patios, porches, parking lots or other paved or hard-surfaced areas, except for cleaning and washing for health or safety purposes  Use of water through an unattended hose without a positive automatic or manual shutdown valve, or a sprinkler device on the outlet end of the hose  Use of water for construction purposes, such as consolidation of backfill, unless no other source of water or method can be used 10631 (f)(A) …The narrative shall describe the water demand management measure that the supplier plans to implement to achieve its water use targets pursuant to Section 10608.20. (B) The narrative pursuant to this paragraph shall include descriptions of the following water demand management measures: (i) Water waste prevention ordinances. (ii) Metering. (iii) Conservation pricing. (iv) Public education and outreach. (v) Programs to assess and manage distribution system real loss. (vi) Water conservation program coordination and staffing support. (vii) Other demand management measures that have a significant impact on water use as measured in gallons per capita per day, including innovative measures, if implemented. 8.A.a Packet Pg. 137 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 9-2 City of Gilroy 2020 Urban Water Management Plan  Waste of water due to broken or defective plumbing, sprinklers, and watering/irrigation systems  Restaurant water service unless upon request  From April 1 to November 1, outside landscape irrigation for any residential, business, or industrial purpose between the hours of 10:00 a.m. and 6:00 p.m. o Exemptions from this provision:  Drip irrigation systems and the use of reclaimed water.  The watering of landscaping at the time of installation.  Require water audit for large industrial, commercial, and multi-family residential water users. 9.1.2 Metering Law All new connections to the water system must be equipped with meters that record the volume of use, as well as a program be put in place to convert unmetered connections to meters. The City has historically had a metering policy in which it replaces broken meters, as well as meters 15 years and older. When taking the reading, if an error is suspected, the meter is evaluated by the City, and consumptive use, whether high or low, is taken into account on an individual basis to account for leaks or possible meter error. 9.1.3 Conservation Pricing Currently, the City maintains a tier-rated water billing structure that is designed to support water conservation. The billing structure is based on meter size, use type, and volume of use. With the tiered rate structure, higher volume users are billed at an increased rate, while low volume users have a reduced tiered unit rate ($/1,000 gallons). 526 (a) Notwithstanding any other provisions of law, an urban water supplier that, on or after January 1, 2004, receives water from the federal Central Valley Project under a water service contract or subcontract…shall do both of the following: (1) On or before January 1, 2013, install water meters on all service connections to residential and nonagricultural commercial buildings…located within its service area. 527 (a) An urban water supplier that is not subject to Section 526 shall do both of the following: (1) Install water meters on all municipal and industrial service connections located within its service area on or before January 1, 2025. 8.A.a Packet Pg. 138 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 9-3 City of Gilroy 2020 Urban Water Management Plan 9.1.4 Public Outreach and Incentive Programs The City, in cooperation with Valley Water, has multiple programs in place to reduce water consumption by raising public awareness of water conservation. Additionally, they are incentivizing replacement of high water use fixtures through both optional and mandated fixture replacement programs. 9.1.4.1 Public Information Programs In order to raise public awareness of water conservation, the City offers programs for the purpose of distributing water use information to the public through varying methods, which can include brochures, radio or television broadcasts, or through school programs and videos. Additionally, information on water use conservation can be found on the City website. Programs offered by the City and Valley Water include:  Free showerheads and aerators, as well as water conservation brochures, are offered by the City through either City Hall or the City website. Additional water conservation information and other useful links are also available online through the City website.  The City has an annual Water Conservation Booth at the fair, where they make available water conservation information, as well as free showerheads and aerators upon request. Additionally, City staff may participate in other community held events to provide water conservation information to the public.  Water conservation pamphlets are inserted in the water bills, as well as made available on the City’s website, in English and Spanish. Historical water use information for the individual account is also included in the bill.  Periodic public information is also provided by means of television commercials on the City’s local cable television channel. 9.1.4.2 School Education Program Valley Water employs staff to develop and provide youth education through free classroom presentations, puppet plays, and tours of Valley Water facilities within the County. The intent of these education programs is to teach students about topics related to water conservation and water supply. 9.1.4.3 Water Conservation Rebate Programs The following water conservation programs are made available to the City through Valley Water. Clothes Washer Rebate 8.A.a Packet Pg. 139 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 9-4 City of Gilroy 2020 Urban Water Management Plan City customers who purchase and install a qualifying high-efficiency clothes washer are eligible to receive up to a $150 rebate. 9.1.4.4 Landscape Rebate Program Valley Water’s Landscape Rebate Program is available to homeowners, apartments, and commercial sites within Santa Clara County that make qualifying water efficient upgrades to their landscape. The goal of this rebate program is the conversion of high water use landscaping to low water use landscaping, as well as retrofitting existing irrigation equipment with more efficient solutions 9.1.4.5 Survey Programs The following section summarizes survey programs available to water system customers within the City. Water Wise Outdoor Survey Valley Water offers outdoor water use surveys to residential sites under one-half acre. During this outdoor water use survey, a trained irrigation professional will review the existing irrigation system and mark any observed issues, as well as perform any necessary adjustments to onsite irrigation controllers. The findings of the survey will be summarized in a customized report. Do-It-Yourself Water Wise Indoor Survey Through Valley Water customers may request a self-evaluation kit that includes materials to test shower and sink flow rates as well as dye tablets for testing toilet leaks. The kit includes a guide on how to perform the tests as well as general information on common indoor water leaks. 9.1.5 Programs to Assess and Manage Distribution System Real Loss When water enters the transmission and distribution system, it is difficult to account for the end result of the water. As a means to better account for water use in the system, a water supplier may use a water audit. Unaccounted for water is the difference between the water supplied to the system and the cumulative total of metered water use. Currently, the City does not meter sewer and hydrant flushing, as well as street sweeping, and the City compares well production with water usage to determine these uses. Additionally, unaccounted for water can be an indicator of leaks, meter errors, water system repair or maintenance, or illegal connections. The City’s annual capital improvement budget currently allocates funds for system repairs, including transmission and distribution mains, as well as pump stations and storage tanks. Leaks within the system are immediately fixed upon detection. The City keeps a record of all repaired leaks in the Public Works Department. 8.A.a Packet Pg. 140 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 9-5 City of Gilroy 2020 Urban Water Management Plan The City has implemented a system water audit to determine if leaks in the supply and distribution system exist and a method for repair in the event that the leaks become significant. The system audit is performed by tracking the actual metered water use, which can be compared to total well production. Production is tracked monthly, and reviewed annually to determine if the system exhibits significant losses. 9.1.6 Water Conservation Program Coordination and Staffing Support In 1991, the City established the position of Resource Management Coordinator, within the Public Works Department, whose responsibilities included the coordination and expansion of water conservation efforts within the City. These roles included establishing water conservation programs, and maintaining communication with City residents about water conservation practices. 8.A.a Packet Pg. 141 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 10-1 City of Gilroy 2020 Urban Water Management Plan 2020 City of Gilroy 10.0 CHAPTER 10 – PLAN ADOPTION, SUBMITTAL, AND IMPLEMENTATION This section includes the process undertaken for adoption and submittal of the UWMP as well as the plan required to implement the UWMP. Ways in which the public can access the UWMP are also described in this section. INCLUSION OF ALL 2020 DATA The City is preparing the 2020 UWMP on the basis of a calendar year, and preparation of the plan was completed following the end of calendar year 2020, with data updated through December of 2020. NOTICE OF PUBLIC HEARING 10.2.1 Notice to Cities and Counties Law The City provided notice to relevant stakeholders, summarized on the following page in Table 10- 1, on April 11th, 2021; the public hearing on the 2020 UWMP was held more than the required 60 days following the notification of stakeholders. This notification date was more than the required 60 days prior to the public hearing on the 2020 UWMP. 10621 (b) Every urban water supplier required to prepare a plan shall…at least 60 days prior to the public hearing on the plan…notify any city or county within which the supplier provides water supplies that the urban water supplier will be reviewing the plan and considering amendments or changes to the plan. 10642 …The urban water supplier shall provide notice of the time and place of hearing to any city or county within which the supplier provides water supplies. A privately owned water supplier shall provide an equivalent notice within its service area… 8.A.a Packet Pg. 142 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 10-2 City of Gilroy 2020 Urban Water Management Plan Table 10‐1 Notification to Cities and Counties City or County Name 60 Day Notice Notice of Public Hearing City of Morgan Hill Valley Water Santa Clara County 10.2.2 Notice to the Public Law A notice of the public hearing was published in the local newspaper in a manner pursuant to the stated Government Code 6066. Documentation of the notice provided to the public is included in Appendix E and the draft 2020 UWMP was available for review at various City facilities and on the City’s web page. PUBLIC HEARING AND ADOPTION Following the notification of all relevant stakeholders, the City held a City Council meeting on October 4th, 2021 to address and review comments received from both stakeholders and members of the community. These comments were reviewed and addressed and the final 2020 UWMP was adopted by City Council on October 18th, 2021; Appendix F includes a copy of the adopting resolution. 10642 …Prior to adopting a plan, the urban water supplier shall make the plan available for public inspection…Prior to the hearing, notice of the time and place of hearing shall be published within the jurisdiction of the publicly owned water supplier pursuant to Section 6066 of the Government Code… Government Code 6066 Publication of notice pursuant to this section shall be once a week for two successive weeks. Two publications in a newspaper published once a week or oftener, with at least five days intervening between the respective publication dates not counting such publication dates, are sufficient. The period of notice commences upon the first day of publication and terminates at the end of the fourteenth day, including therein the first day. 8.A.a Packet Pg. 143 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 10-3 City of Gilroy 2020 Urban Water Management Plan PLAN SUBMITTAL The UWMPA requires water agencies to submit a copy of the adopted 2020 UWMP to the DWR within 30 days of adoption and before July 1st, 2021. Additionally, water agencies are required to submit a copy of the adopted 2020 UWMP to all relevant stakeholders within 30 days of adoption. The adopted 2020 UWMP was submitted to the DWR on October 19th, 2021. The adopted 2020 UWMP was submitted to relevant stakeholders and the California State Library within 30 days of adoption. PUBLIC AVAILABILITY Consistent with the UWMPA requirements, a copy of the 2020 UWMP was made available to the public in the office of the City Clerk at City Hall, located at 7351 Rosanna Street, within 30 days of adoption. AMENDING AND ADOPTED UWMP Any amendments to the adopted 2020 UWMP will be adopted and filed in a manner consistent with the UWMPA requirements. Additionally, all adopted amendments will be submitted to DWR and any relevant stakeholders within 30 days of adoption. 8.A.a Packet Pg. 144 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 11-1 City of Gilroy 2020 Urban Water Management Plan 2020 City of Gilroy 11.0 CHAPTER 11 – DWR CHECKLIST This report is organized in accordance with the outline suggested by DWR for the 2020 Urban Water Management Plans. This additional chapter is included to guide the reviewers to the chapters or sections in this report that address the items listed in the DWR Checklist, as published in the Final Guidebook (March 2021). The completed DWR checklist is included on the following pages as Table 11-1. 8.A.a Packet Pg. 145 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 11-2 City of Gilroy 2020 Urban Water Management Plan Table 11‐1 DWR Checklist No. UWMP Requirement Subject California Water Code Reference UWMP Location 1 A plan shall describe and evaluate sources of supply, reasonable and practical efficient uses, reclamation and demand management activities. Introduction and Overview 10615 Chapter 4, 6 2 Each plan shall include a simple description of the supplier’s plan including water availability, future requirements, a strategy for meeting needs, and other pertinent information. Additionally, a supplier may also choose to include a simple description at the beginning of each chapter. Summary 10630.5 Chapter 1‐10 3 Every person that becomes an urban water supplier shall adopt an urban water management plan within one year after it has become an urban water supplier. Plan Preparation 10620(b) ‐ 4 Coordinate the preparation of its plan with other appropriate agencies in the area, including other water suppliers that share a common source, water management agencies, and relevant public agencies, to the extent practicable. Plan Preparation 10620(d)(2) Section 10.2 5 Provide supporting documentation that the water supplier has encouraged active involvement of diverse social, cultural, and economic elements of the population within the service area prior to and during the preparation of the plan and contingency plan. Plan Preparation 10642 Section 10.2 6 Retail suppliers will include documentation that they have provided their wholesale supplier(s) ‐ if any ‐ with water use projections from that source. System Supplies 10631(h) Section 2.5, Section 6.1 8.A.aPacket Pg. 146Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 August 2021 11-3 City of Gilroy 2020 Urban Water Management Plan No. UWMP Requirement Subject California Water Code Reference UWMP Location 7 Wholesale suppliers will include documentation that they have provided their urban water suppliers with identification and quantification of the existing and planned sources of water available from the wholesale to the urban supplier during various water year types. System Supplies 10631(h) Section 2.5 8 Describe the water supplier service area. System Description 10631(a) Section 3.1 9 Describe the climate of the service area of the supplier. System Description 10631(a) Section 3.2 10 Provide population projections for 2025, 2030, 2035, 2040 and optionally 2045. System Description 10631(a) Section 3.3 11 Describe other social, economic, and demographic factors affecting the supplier’s water management planning. System Description 10631(a) Section 3.1 12 Indicate the current population of the service area. System Description and Baselines and Targets 10631(a) Section 3.3 13 Describe the land uses within the service area. System Description 10631(a) Section 3.1 14 Quantify past, current, and projected water use, identifying the uses among water use sectors. System Water Use 10631(d)(1) Section 4.2 15 Retail suppliers shall provide data to show the distribution loss standards were met. System Water Use 10631(d)(3)(C) Section 4.3 16 In projected water use, include estimates of water savings from adopted codes, plans, and other policies or laws. System Water Use 10631(d)(4)(A) Section 4.4 17 Provide citations of codes, standards, ordinances, or plans used to make water use projections. System Water Use 10631(d)(4)(B) ‐ 8.A.aPacket Pg. 147Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 August 2021 11-4 City of Gilroy 2020 Urban Water Management Plan No. UWMP Requirement Subject California Water Code Reference UWMP Location 18 Report the distribution system water loss for each of the 5 years preceding the plan update. System Water Use 10631(d)(3)(A) Section 4.3 19 Include projected water use needed for lower income housing projected in the service area of the supplier. System Water Use 10631.1(a) Section 4.5 20 Demands under climate change considerations must be included as part of the drought risk assessment. System Water Use 10635(b) Section 4.6 21 Retail suppliers shall provide baseline daily per capita water use, urban water use target, interim urban water use target, and compliance daily per capita water use, along with the bases for determining those estimates, including references to supporting data. Baselines and Targets 10608.20(e) Chapter 5 22 Retail suppliers shall meet their water use target by December 31, 2020. Baselines and Targets 10608.24(a) Chapter 5 23 Wholesale suppliers shall include an assessment of present and proposed future measures, programs, and policies to help their retail water suppliers achieve targeted water use reductions. Baselines and Targets 10608.36 ‐ 24 If the retail supplier adjusts its compliance GPCD using weather normalization, economic adjustment, or extraordinary events, it shall provide the basis for, and data supporting the adjustment. Baselines and Targets 10608.24(d)(2) ‐ 25 Retail suppliers’ per capita daily water use reduction shall be no less than 5 percent of base daily per capita water use of the 5‐year baseline. This does not apply if the suppliers base GPCD is at or below 100. Baselines and Targets 10608.22 Section 5.6 26 Retail suppliers shall report on their compliance in meeting their water use targets. The data shall be reported using a standardized form in the SBX7‐7 2020 Compliance Form. Baselines and Targets 10608.4 Section 5.7 8.A.aPacket Pg. 148Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 August 2021 11-5 City of Gilroy 2020 Urban Water Management Plan No. UWMP Requirement Subject California Water Code Reference UWMP Location 27 Provide a discussion of anticipated supply availability under a normal, single dry year, and a drought lasting five years, as well as more frequent and severe periods of drought. System Supplies 10631(b)(1) Sections 7.2 28 Provide a discussion of anticipated supply availability under a normal, single dry year, and a drought lasting five years, as well as more frequent and severe periods of drought, including changes in supply due to climate change. System Supplies 10631(b)(1) Sections 7.2 29 When multiple sources of water supply are identified, describe the management of each supply in relationship to other identified supplies. System Supplies 10631(b)(2) Section 6.2 30 Describe measures taken to acquire and develop planned sources of water. System Supplies 10631(b)(3) Section 6.1 31 Identify and quantify the existing and planned sources of water available for 2020, 2025, 2030, 2035, 2040 and optionally 2045. System Supplies 10631(b) Section 6.9 32 Indicate whether groundwater is an existing or planned source of water available to the supplier. System Supplies 10631(b) Section 6.2 33 Indicate whether a groundwater sustainability plan or groundwater management plan has been adopted by the water supplier or if there is any other specific authorization for groundwater management. Include a copy of the plan or authorization. System Supplies 10631(b)(4)(A) Section 6.2.2 34 Describe the groundwater basin. System Supplies 10631(b)(4)(B) Section 6.2.1 35 Indicate if the basin has been adjudicated and include a copy of the court order or decree and a description of the amount of water the supplier has the legal right to pump. System Supplies 10631(b)(4)(B) Section 6.2.3 8.A.aPacket Pg. 149Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 August 2021 11-6 City of Gilroy 2020 Urban Water Management Plan No. UWMP Requirement Subject California Water Code Reference UWMP Location 36 For unadjudicated basins, indicate whether or not the department has identified the basin as a high or medium priority. Describe efforts by the supplier to coordinate with sustainability or groundwater agencies to achieve sustainable groundwater conditions. System Supplies 10631(b)(4)(B) Section 6.2.2.1 37 Provide a detailed description and analysis of the location, amount, and sufficiency of groundwater pumped by the urban water supplier for the past five years. System Supplies 10631(b)(4)(C) Section 6.2.4 38 Provide a detailed description and analysis of the amount and location of groundwater that is projected to be pumped. System Supplies 10631(b)(4)(D) Section 6.9 39 Describe the opportunities for exchanges or transfers of water on a short‐term or long‐ term basis. System Supplies 10631(c) Section 6.7 40 Describe the quantity of treated wastewater that meets recycled water standards, is being discharged, and is otherwise available for use in a recycled water project. System Supplies (Recycled Water) 10633(b) Section 6.2.5 41 Describe the recycled water currently being used in the supplier's service area. System Supplies (Recycled Water) 10633(c) Section 6.5.2 42 Describe and quantify the potential uses of recycled water and provide a determination of the technical and economic feasibility of those uses. System Supplies (Recycled Water) 10633(d) Section 6.5.4 43 Describe the projected use of recycled water within the supplier's service area at the end of 5, 10, 15, and 20 years, and a description of the actual use of recycled water in comparison to uses previously projected. System Supplies (Recycled Water) 10633(e) Section 6.5.4 8.A.aPacket Pg. 150Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 August 2021 11-7 City of Gilroy 2020 Urban Water Management Plan No. UWMP Requirement Subject California Water Code Reference UWMP Location 44 Describe the actions which may be taken to encourage the use of recycled water and the projected results of these actions in terms of acre‐feet of recycled water used per year. System Supplies (Recycled Water) 10633(f) Section 6.5.4 45 Provide a plan for optimizing the use of recycled water in the supplier's service area. System Supplies (Recycled Water) 10633(g) Section 6.5.4 46 Describe desalinated water project opportunities for long‐term supply. System Supplies 10631(g) Section 6.6 47 Describe the wastewater collection and treatment systems in the supplier’s service area with quantified amount of collection and treatment and the disposal methods. System Supplies 10633(a) Section 6.2.5 48 Describe the expected future water supply projects and programs that may be undertaken by the water supplier to address water supply reliability in average, single‐dry, and for a period of drought lasting 5 consecutive water years. System Supplies 10631(f) Section 6.9 49 The UWMP must include energy information, as stated in the code, that a supplier can readily obtain. System Suppliers, Energy Intensity 10631.2(a) Section 6.11 50 Provide information on the quality of existing sources of water available to the supplier and the manner in which water quality affects water management strategies and supply reliability Water Supply Reliability Assessment 10634 Section 7.1 51 Describe water management tools and options to maximize resources and minimize the need to import water from other regions. Water Supply Reliability Assessment 10620(f) Section 6.2.2 8.A.aPacket Pg. 151Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 August 2021 11-8 City of Gilroy 2020 Urban Water Management Plan No. UWMP Requirement Subject California Water Code Reference UWMP Location 52 Service Reliability Assessment: Assess the water supply reliability during normal, dry, and a drought lasting five consecutive water years by comparing the total water supply sources available to the water supplier with the total projected water use over the next 20 years. Water Supply Reliability Assessment 10635(a) Section 7.3 53 Provide a drought risk assessment as part of information considered in developing the demand management measures and water supply projects. Water Supply Reliability Assessment 10635(b) Section 7.4 54 Include a description of the data, methodology, and basis for one or more supply shortage conditions that are necessary to conduct a drought risk assessment for a drought period that lasts 5 consecutive years. Water Supply Reliability Assessment 10635(b)(1) Section 7.4 55 Include a determination of the reliability of each source of supply under a variety of water shortage conditions. Water Supply Reliability Assessment 10635(b)(2) Section 7.3 56 Include a comparison of the total water supply sources available to the water supplier with the total projected water use for the drought period. Water Supply Reliability Assessment 10635(b)(3) Section 7.3 57 Include considerations of the historical drought hydrology, plausible changes on projected supplies and demands under climate change conditions, anticipated regulatory changes, and other locally applicable criteria. Water Supply Reliability Assessment 10635(b)(4) Section 7.3 58 Provide a water shortage contingency plan (WSCP) with specified elements below. Water Shortage Contingency Planning 10632(a) Chapter 8, Appendix C 59 Provide the analysis of water supply reliability (from Chapter 7 of Guidebook) in the WSCP Water Shortage Contingency Planning 10632(a)(1) Chapter 8, Appendix C 8.A.aPacket Pg. 152Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 August 2021 11-9 City of Gilroy 2020 Urban Water Management Plan No. UWMP Requirement Subject California Water Code Reference UWMP Location 60 Describe reevaluation and improvement procedures for monitoring and evaluation the water shortage contingency plan to ensure risk tolerance is adequate and appropriate water shortage mitigation strategies are implemented. Water Shortage Contingency Planning 10632(a)(10) Chapter 8, Appendix C 61 Provide the written decision‐ making process and other methods that the supplier will use each year to determine its water reliability. Water Shortage Contingency Planning 10632(a)(2)(A) Chapter 8, Appendix C 62 Provide data and methodology to evaluate the supplier’s water reliability for the current year and one dry year pursuant to factors in the code. Water Shortage Contingency Planning 10632(a)(2)(B) Chapter 8, Appendix C 63 Define six standard water shortage levels of 10, 20, 30, 40, 50 percent shortage and greater than 50 percent shortage. These levels shall be based on supply conditions, including percent reductions in supply, changes in groundwater levels, changes in surface elevation, or other conditions. The shortage levels shall also apply to a catastrophic interruption of supply. Water Shortage Contingency Planning 10632(a)(3)(A) Chapter 8, Appendix C 64 Suppliers with an existing water shortage contingency plan that uses different water shortage levels must cross reference their categories with the six standard categories. Water Shortage Contingency Planning 10632(a)(3)(B) Chapter 8, Appendix C 65 Suppliers with water shortage contingency plans that align with the defined shortage levels must specify locally appropriate supply augmentation actions. Water Shortage Contingency Planning 10632(a)(4)(A) Chapter 8, Appendix C 66 Specify locally appropriate demand reduction actions to adequately respond to shortages. Water Shortage Contingency Planning 10632(a)(4)(B) Chapter 8, Appendix C 8.A.aPacket Pg. 153Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 August 2021 11-10 City of Gilroy 2020 Urban Water Management Plan No. UWMP Requirement Subject California Water Code Reference UWMP Location 67 Specify locally appropriate operational changes. Water Shortage Contingency Planning 10632(a)(4)(C) Chapter 8, Appendix C 68 Specify additional mandatory prohibitions against specific water use practices that are in addition to state‐mandated prohibitions are appropriate to local conditions. Water Shortage Contingency Planning 10632(a)(4)(D) Chapter 8, Appendix C 69 Estimate the extent to which the gap between supplies and demand will be reduced by implementation of the action. Water Shortage Contingency Planning 10632(a)(4)(E) Chapter 8, Appendix C 70 The plan shall include a seismic risk assessment and mitigation plan. Water Shortage Contingency Plan 10632.5 Chapter 8, Appendix C 71 Suppliers must describe that they will inform customers, the public and others regarding any current or predicted water shortages. Water Shortage Contingency Planning 10632(a)(5)(A) Chapter 8, Appendix C 72 Suppliers must describe that they will inform customers, the public and others regarding any shortage response actions triggered or anticipated to be triggered and other relevant communications. Water Shortage Contingency Planning 10632(a)(5)(B)10632(a)(5)(C) Chapter 8, Appendix C 73 Retail supplier must describe how it will ensure compliance with and enforce provisions of the WSCP. Water Shortage Contingency Planning 10632(a)(6) Chapter 8, Appendix C 74 Describe the legal authority that empowers the supplier to enforce shortage response actions. Water Shortage Contingency Planning 10632(a)(7)(A) Chapter 8, Appendix C 75 Provide a statement that the supplier will declare a water shortage emergency Water Code Chapter 3. Water Shortage Contingency Planning 10632(a)(7)(B) Chapter 8, Appendix C 8.A.aPacket Pg. 154Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 August 2021 11-11 City of Gilroy 2020 Urban Water Management Plan No. UWMP Requirement Subject California Water Code Reference UWMP Location 76 Provide a statement that the supplier will coordinate with any city or county within which it provides water for the possible proclamation of a local emergency. Water Shortage Contingency Planning 10632(a)(7)(C) Chapter 8, Appendix C 77 Describe the potential revenue reductions and expense increases associated with activated shortage response actions. Water Shortage Contingency Planning 10632(a)(8)(A) Chapter 8, Appendix C 78 Provide a description of mitigation actions needed to address revenue reductions and expense increases associated with activated shortage response actions. Water Shortage Contingency Planning 10632(a)(8)(B) Chapter 8, Appendix C 79 Retail suppliers must describe the cost of compliance with Water Code Chapter 3.3: Excessive Residential Water Use During Drought Water Shortage Contingency Planning 10632(a)(8)(C) Chapter 8, Appendix C 80 Retail suppliers must describe the monitoring and reporting requirements and procedures that ensure appropriate data is collected, tracked, and analyzed for purposes of monitoring customer compliance. Water Shortage Contingency Planning 10632(a)(9) Chapter 8, Appendix C 81 Analyze and define water features that are artificially supplied with water, including ponds, lakes, waterfalls, and fountains, separately from swimming pools and spas. Water Shortage Contingency Planning 10632(b) Chapter 8, Appendix C 82 Provide supporting documentation that Water Shortage Contingency Plan has been, or will be, provided to any city or county within which it provides water, no later than 30 days after the submission of the plan to DWR. Plan Adoption, Submittal, and Implementation 10635(c) Sections 8.12 and 10.4 83 Make available the Water Shortage Contingency Plan to customers and any city or county where it provides water within 30 after adopted the plan. Water Shortage Contingency Planning 10632(c) Section 8.14 8.A.aPacket Pg. 155Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 August 2021 11-12 City of Gilroy 2020 Urban Water Management Plan No. UWMP Requirement Subject California Water Code Reference UWMP Location 84 Wholesale suppliers shall describe specific demand management measures listed in code, their distribution system asset management program, and supplier assistance program. Demand Management Measures 10631(e)(2) Sections 9.1 and 9.3 85 Retail suppliers shall provide a description of the nature and extent of each demand management measure implemented over the past five years. The description will address specific measures listed in code. Demand Management Measures 10631(e)(1) Sections 9.2 and 9.3 86 Retail suppliers shall conduct a public hearing to discuss adoption, implementation, and economic impact of water use targets (recommended to discuss compliance). Plan Adoption, Submittal, and Implementation 10608.26(a) Chapter 10.3 87 Notify, at least 60 days prior to the public hearing, any city or county within which the supplier provides water that the urban water supplier will be reviewing the plan and considering amendments or changes to the plan. Reported in Table 10‐1. Plan Adoption, Submittal, and Implementation 10621(b) Section 10.2.1 88 Each urban water supplier shall update and submit its 2020 plan to the department by July 1, 2021. Plan Adoption, Submittal, and Implementation 10621(f) Section 10.4 89 Provide supporting documentation that the urban water supplier made the plan and contingency plan available for public inspection, published notice of the public hearing, and held a public hearing about the plan and contingency plan. Plan Adoption, Submittal, and Implementation 10642 Sections 10.2 90 The water supplier is to provide the time and place of the hearing to any city or county within which the supplier provides water. Plan Adoption, Submittal, and Implementation 10642 Section 10.2 8.A.aPacket Pg. 156Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 August 2021 11-13 City of Gilroy 2020 Urban Water Management Plan No. UWMP Requirement Subject California Water Code Reference UWMP Location 91 Provide supporting documentation that the plan and contingency plan has been adopted as prepared or modified. Plan Adoption, Submittal, and Implementation 10642 Section 10.4 92 Provide supporting documentation that the urban water supplier has submitted this UWMP to the California State Library. Plan Adoption, Submittal, and Implementation 10644(a) Section 10.4 93 Provide supporting documentation that the urban water supplier has submitted this UWMP to any city or county within which the supplier provides water no later than 30 days after adoption. Plan Adoption, Submittal, and Implementation 10644(a)(1) Section 10.4 94 The plan, or amendments to the plan, submitted to the department shall be submitted electronically. Plan Adoption, Submittal, and Implementation 10644(a)(2) Sections 10.4 95 Provide supporting documentation that, not later than 30 days after filing a copy of its plan with the department, the supplier has or will make the plan available for public review during normal business hours. Plan Adoption, Submittal, and Implementation 10645(a) Section 10.5 96 Provide supporting documentation that, not later than 30 days after filing a copy of its water shortage contingency plan with the department, the supplier has or will make the plan available for public review during normal business hours. Plan Adoption, Submittal, and Implementation 10645(b) Section 10.5 97 If supplier is regulated by the Public Utilities Commission, include its plan and contingency plan as part of its general rate case filings. Plan Adoption, Submittal, and Implementation 10621(c) ‐ 98 If revised, submit a copy of the water shortage contingency plan to DWR within 30 days of adoption. Plan Adoption, Submittal, and Implementation 10644(b) ‐ 8.A.aPacket Pg. 157Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 August 2021 11-1 City of Gilroy 2020 Urban Water Management Plan 2020 City of Gilroy APPENDICES 8.A.a Packet Pg. 158 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 11-2 City of Gilroy 2020 Urban Water Management Plan City of Gilroy APPENDIX A DWR Recommended Tables 8.A.a Packet Pg. 159 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 Public Water System NumberPublic Water System NameNumber of Municipal Connections 2020Volume ofWater Supplied2020 *4310004City of Gilroy 15,240 8,27115,240 8,271Submittal Table 2‐1 Retail Only: Public Water Systems NOTES:TOTALAdd additional rows as needed* Units of measure (AF, CCF, MG) must remain consistent throughout the UWMP as reported in Table 2‐3.8.A.aPacket Pg. 160Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Water Supplier is also a member of a RUWMPWater Supplier is also a member of a Regional AllianceRegional Urban Water Management Plan (RUWMP) Submittal Table 2‐2: Plan IdentificationNOTES:Individual UWMPName of RUWMP or Regional Alliance if applicable (select from drop down list)Select Only OneType of Plan8.A.aPacket Pg. 161Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Supplier is a wholesalerSupplier is a retailerUWMP Tables are in calendar yearsUWMP Tables are in fiscal yearsUnit AFNOTES:Units of DWR required tables are consistent in SBX7‐7 compliance tablesSubmittal Table 2‐3: Supplier Identification Type of Supplier (select one or both)Fiscal or Calendar Year (select one)If using fiscal years provide month and date that the fiscal year begins (mm/dd)Units of measure used in UWMP * (select from drop down)* Units of measure (AF, CCF, MG) must remain consistent throughout the UWMP as reported in Table 2‐3.8.A.aPacket Pg. 162Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Submittal Table 2‐4 Retail: Water Supplier Information Exchange The retail Supplier has informed the following wholesale supplier(s) of projected water use in accordance with Water Code Section 10631. Wholesale Water Supplier NameAdd additional rows as neededValley WaterNOTES:8.A.aPacket Pg. 163Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 2020 2025 2030 2035 2040 2045(opt)56,704 61,086 65,807 70,893 76,372 82,274Submittal Table 3‐1 Retail: Population ‐ Current and ProjectedPopulation ServedNOTES:8.A.aPacket Pg. 164Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Use Type Drop down listMay select each use multiple timesThese are the only Use Types that will be recognized by the WUEdata online submittal toolAdditional Description (as needed)Level of Treatment When DeliveredDrop down listVolume2Single Family4,588Multi‐Family885Commercial900Industrial148Landscape943Other24Losses 7848,271Submittal Table 4‐1 Retail: Demands for Potable and Non‐Potable1 Water ‐ Actual2020 ActualNOTES: Comercial includes Commercial and Institutional use typesTOTALAdd additional rows as needed1 Recycled water demands are NOT reported in this table. Recycled water demands are reported in Table 6‐4. 2 Units of measure (AF, CCF, MG) must remain consistent throughout the UWMP as reported in Table 2‐3.8.A.aPacket Pg. 165Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Use Type Drop down list May select each use multiple timesThese are the only Use Types that will be recognized by the WUEdata online submittal tool2025 2030 2035 20402045(opt)Single Family 4,796 5,166 5,566 5,996 6,459Multi‐Family 925 997 1,074 1,157 1,246Commercial 940 1,013 1,091 1,176 1,266Industrial 154 166 179 193 208Landscape 986 1,062 1,144 1,232 1,328Other 25 27 30 32 34Losses 819 883 951 1,024 1,1048,646 9,314 10,034 10,809 11,645Submittal Table 4‐2 Retail: Use for Potable and Non‐Potable1 Water ‐ Projected Additional Description (as needed)NOTES: Comercial includes Commercial and Institutional use typesTOTALAdd additional rows as needed1 Recycled water demands are NOT reported in this table. Recycled water demands are reported in Table 6‐4. 2 Units of measure (AF, CCF, MG) must remain consistent throughout the UWMP as reported in Table 2‐3.Projected Water Use2 Report To the Extent that Records are Available8.A.aPacket Pg. 166Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 2020 2025 2030 2035 2040 2045 (opt)Potable Water, Raw, Other Non‐potable From Tables 4‐1R and 4‐2 R8,271 8,646 9,314 10,034 10,809 11,645Recycled Water Demand1 From Table 6‐41,278 1,673 2,069 2,464 2,464 2,464Optional Deduction of Recycled Water Put Into Long‐Term Storage2TOTAL WATER USE9,549 10,319 11,383 12,498 13,273 14,109Submittal Table 4‐3 Retail: Total Water Use (Potable and Non‐Potable)NOTES:1Recycled water demand fields will be blank until Table 6‐4 is complete 2 Long term storage means water placed into groundwater or surface storage that is not removed from storage in the same year. Supplier may deduct recycled water placed in long‐term storage from their reported demand. This value is manually entered into Table 4‐3. 8.A.aPacket Pg. 167Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Reporting Period Start Date (mm/yyyy) Volume of Water Loss 1,201/2016 67501/201765401/2018 64401/201962301/2020783Submittal Table 4‐4 Retail: Last Five Years of Water Loss Audit Reporting NOTES:1 Taken from the field "Water Losses" (a combination of apparent losses and real losses) from the AWWA worksheet. 2 Units of measure (AF, CCF, MG) must remain consistent throughout the UWMP as reported in Table 2‐3.8.A.aPacket Pg. 168Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Are Future Water Savings Included in Projections?(Refer to Appendix K of UWMP Guidebook)Drop down list (y/n) YesIf "Yes" to above, state the section or page number, in the cell to the right, where citations of the codes, ordinances, or otherwise are utilized in demand projections are found. Section 4.2Are Lower Income Residential Demands Included In Projections? Drop down list (y/n)YesSubmittal Table 4‐5 Retail Only: Inclusion in Water Use ProjectionsNOTES: 8.A.aPacket Pg. 169Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 10‐15 year1995 2009 1665 Year2005 2009 165Submittal Table 5‐1 Baselines and Targets Summary From SB X7‐7 Verification FormRetail Supplier or Regional Alliance Only*All cells in this table should be populated manually from the supplier's SBX7‐7 Verification Form and reported in Gallons per Capita per Day (GPCD) NOTES:133Baseline PeriodStart Year * End Year * Average Baseline GPCD*Confirmed 2020 Target*8.A.aPacket Pg. 170Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Actual 2020 GPCD*2020 TOTAL Adjustments*Adjusted 2020 GPCD* (Adjusted if applicable)130‐130 133 YESNOTES:2020 Confirmed Target GPCD*Did Supplier Achieve Targeted Reduction for 2020? Y/N2020 GPCDSubmittal Table 5‐2: 2020 Compliance From SB X7‐7 2020 Compliance FormRetail Supplier or Regional Alliance Only*All cells in this table should be populated manually from the supplier's SBX7‐7 2020 Compliance Form and reported in Gallons per Capita per Day (GPCD) 8.A.aPacket Pg. 171Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Groundwater TypeDrop Down ListMay use each category multiple timesLocation or Basin Name 2016* 2017* 2018* 2019* 2020*Alluvial BasinGilroy‐Hollister Groundwater Basin, Llagas Subbasin6977 7814 7855 7691 82716,977 7,814 7,855 7,691 8,271NOTES:TOTALAll or part of the groundwater described below is desalinated.* Units of measure (AF, CCF, MG) must remain consistent throughout the UWMP as reported in Table 2‐3.Add additional rows as neededSubmittal Table 6‐1 Retail: Groundwater Volume PumpedSupplier does not pump groundwater. The supplier will not complete the table below.8.A.aPacket Pg. 172Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Name of Wastewater Collection AgencyWastewater Volume Metered or Estimated?Drop Down ListVolume of Wastewater Collected from UWMP Service Area 2020 * Name of Wastewater Treatment Agency Receiving Collected Wastewater Treatment Plant NameIs WWTP Located Within UWMP Area?Drop Down ListIs WWTP Operation Contracted to a Third Party? (optional) Drop Down ListCity of Gilroy Metered 4,998South County Regional Wastewater Authority (SCRWA)SCRWA Wastewater Treatment Plant (SCRWA WWTP)Yes Yes4,998Submittal Table 6‐2 Retail: Wastewater Collected Within Service Area in 2020There is no wastewater collection system. The supplier will not complete the table below.Percentage of 2020 service area covered by wastewater collection system (optional)Percentage of 2020 service area population covered by wastewater collection system (optional)Wastewater CollectionRecipient of Collected WastewaterTotal Wastewater Collected from Service Area in 2020:NOTES:* Units of measure (AF, CCF, MG) must remain consistent throughout the UWMP as reported in Table 2‐3.8.A.aPacket Pg. 173Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Wastewater TreatedDischarged Treated WastewaterRecycled Within Service Area Recycled Outside of Service AreaInstream Flow Permit RequirementSCRWA WWTP On‐Site On‐Site Percolation Yes Secondary, 5,513 5,513SCRWA WWTP Recycled Recycled Other Yes Tertiary 1,278 1,278Total6,791 5,513 1,278 0 01 Units of measure (AF, CCF, MG) must remain consistent throughout the UWMP as reported in Table 2‐3. 2 If the Wastewater Discharge ID Number is not available to the UWMP preparer, access the SWRCB CIWQS regulated facility website at https://ciwqs.waterboards.ca.gov/ciwqs/readOnly/CiwqsReportServlet?inCommand=reset&reportName=RegulatedFacility NOTES:Submittal Table 6‐3 Retail: Wastewater Treatment and Discharge Within Service Area in 2020No wastewater is treated or disposed of within the UWMP service area. The supplier will not complete the table below.Wastewater Treatment Plant NameDischarge Location Name or IdentifierDischarge Location DescriptionWastewater Discharge ID Number (optional) 2Method of DisposalDrop down listDoes This Plant Treat Wastewater Generated Outside the Service Area? Drop down listTreatment LevelDrop down list2020 volumes 18.A.aPacket Pg. 174Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Potential Beneficial Uses of Recycled Water (Describe)Amount of Potential Uses of Recycled Water (Quantity) Include volume units1General Description of 2020 UsesLevel of TreatmentDrop down list2020 12025 120301203512040120451 (opt)Tertiary 307 402 496 591 591 591Tertiary 97 127 157 187 187 187Tertiary 765 1,002 1,239 1,476 1,476 1,476Tertiary109 142 176 210 210 210Total:1,278 1,673 2,069 2,464 2,464 2,4641,220Reservoir water augmentation (IPR) Direct potable reuseSubmittal Table 6‐4 Retail: Recycled Water Direct Beneficial Uses Within Service AreaRecycled water is not used and is not planned for use within the service area of the supplier.The supplier will not complete the table below.Name of Supplier Producing (Treating) the Recycled Water:Name of Supplier Operating the Recycled Water Distribution System:Wetlands or wildlife habitatGroundwater recharge (IPR)Industrial useSeawater intrusion barrierRecreational impoundmentNOTES:Agricultural irrigationLandscape irrigation (exc golf courses)Commercial useGolf course irrigationSupplemental Water Added in 2020 (volume) Include unitsSource of 2020 Supplemental WaterBeneficial Use Type Insert additional rows if needed. Geothermal and other energy production Other (Description Required)2020 Internal Reuse 1 Units of measure (AF, CCF, MG) must remain consistent throughout the UWMP as reported in Table 2‐3. 8.A.aPacket Pg. 175Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 2015 Projection for 2020 12020 Actual Use1310 30798 97773 765110 1091,291 1,278Direct potable reuseNOTE:1 Units of measure (AF, CCF, MG) must remain consistent throughout the UWMP as reported in Table 2‐3. TotalOther (Description Required)Submittal Table 6‐5 Retail: 2015 UWMP Recycled Water Use Projection Compared to 2020 ActualRecycled water was not used in 2015 nor projected for use in 2020. The supplier will not complete the table below. If recycled water was not used in 2020, and was not predicted to be in 2015, then check the box and do not complete the table. Beneficial Use Type Agricultural irrigationReservoir water augmentation (IPR) Landscape irrigation (exc golf courses)Insert additional rows as needed.Golf course irrigationCommercial useIndustrial useGeothermal and other energy production Seawater intrusion barrierRecreational impoundmentWetlands or wildlife habitatGroundwater recharge (IPR)8.A.aPacket Pg. 176Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Name of Action DescriptionPlanned Implementation YearExpected Increase in Recycled Water Use * Financial Incentives Financial incentives applied to recycled water supplied to potential City customers2020‐2040 1,1861,186NOTES: Submittal Table 6‐6 Retail: Methods to Expand Future Recycled Water UseSupplier does not plan to expand recycled water use in the future. Supplier will not complete the table below but will provide narrative explanation. Provide page location of narrative in UWMPAdd additional rows as neededTotal*Units of measure (AF, CCF, MG) must remain consistent throughout the UWMP as reported in Table 2‐3. 8.A.aPacket Pg. 177Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Drop Down List (y/n)If Yes, Supplier NameNo expected future water supply projects or programs that provide a quantifiable increase to the agency's water supply. Supplier will not complete the table below.Some or all of the supplier's future water supply projects or programs are not compatible with this table and are described in a narrative format. Submittal Table 6‐7 Retail: Expected Future Water Supply Projects or ProgramsJoint Project with other suppliers?NOTES: Name of Future Projects or ProgramsDescription(if needed)Planned Implementation YearExpected Increase in Water Supply to Supplier*This may be a rangePlanned for Use in Year TypeDrop Down ListProvide page location of narrative in the UWMPAdd additional rows as needed*Units of measure (AF, CCF, MG) must remain consistent throughout the UWMP as reported in Table 2‐3. 8.A.aPacket Pg. 178Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Water SupplyDrop down listMay use each category multiple times.These are the only water supply categories that will be recognized by the WUEdata online submittal tool Actual Volume*Water QualityDrop Down ListTotal Right or Safe Yield* (optional) Groundwater (not desalinated) 8,271 Drinking Water8,271 0NOTES: Add additional rows as neededTotal*Units of measure (AF, CCF, MG) must remain consistent throughout the UWMP as reported in Table 2‐3. Submittal Table 6‐8 Retail: Water Supplies — ActualAdditional Detail on Water Supply20208.A.aPacket Pg. 179Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Water Supply Reasonably Available VolumeTotal Right or Safe Yield (optional) Reasonably Available VolumeTotal Right or Safe Yield (optional) Reasonably Available VolumeTotal Right or Safe Yield (optional) Reasonably Available VolumeTotal Right or Safe Yield (optional) Reasonably Available VolumeTotal Right or Safe Yield (optional) Groundwater (not desalinated)22,000 22,000 22,000 22,000 22,000Recycled Water 1,673 2,069 2,464 2,464 2,46423,673 0 24,069 0 24,464 0 24,464 0 24,464 0*Units of measure (AF, CCF, MG) must remain consistent throughout the UWMP as reported in Table 2‐3. NOTESSubmittal Table 6‐9 Retail: Water Supplies — ProjectedAdditional Detail on Water SupplyProjected Water Supply *Report To the Extent Practicable2025 2030 2035 2040 2045 (opt)TotalDrop down listMay use each category multiple times. These are the only water supply categories that will be recognized by the WUEdata online submittal tool Add additional rows as needed8.A.aPacket Pg. 180Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 % of Average SupplyAverage Year 201523,673100%Single‐Dry Year 1977 80%Consecutive Dry Years 1st Year 1988 78%Consecutive Dry Years 2nd Year 1989 83%Consecutive Dry Years 3rd Year 1990 77%Consecutive Dry Years 4th Year 1991 78%Consecutive Dry Years 5th Year 1992 77%182281846518228NOTES:Supplier may use multiple versions of Table 7‐1 if different water sources have different base years and the supplier chooses to report the base years for each water source separately. If a Supplier uses multiple versions of Table 7‐1, in the "Note" section of each table, state that multiple versions of Table 7‐1 are being used and identify the particular water source that is being reported in each table.*Units of measure (AF, CCF, MG) must remain consistent throughout the UWMP as reported in Table 2‐3. 184651893919649Submittal Table 7‐1 Retail: Basis of Water Year Data (Reliability Assessment)Year TypeBase Year If not using a calendar year, type in the last year of the fiscal, water year, or range of years, for example, water year 2019‐2020, use 2020Available Supplies if Year Type RepeatsQuantification of available supplies is not compatible with this table and is provided elsewhere in the UWMP. Location __________________________Quantification of available supplies is provided in this table as either volume only, percent only, or both.Volume Available * 8.A.aPacket Pg. 181Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 2025 2030 2035 2040 2045 (Opt)Supply totals(autofill from Table 6‐9)23,673 24,069 24,464 24,464 24,464Demand totals(autofill from Table 4‐3)10,319 11,383 12,498 13,273 14,109Difference13,354 12,686 11,966 11,191 10,355 Submittal Table 7‐2 Retail: Normal Year Supply and Demand Comparison NOTES:8.A.aPacket Pg. 182Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 2025 2030 2035 2040 2045 (Opt)Supply totals* 19,273 19,669 20,064 20,064 20,064Demand totals* 10,319 11,383 12,498 13,273 14,109Difference 8,954 8,286 7,566 6,791 5,955 Submittal Table 7‐3 Retail: Single Dry Year Supply and Demand ComparisonNOTES:*Units of measure (AF, CCF, MG) must remain consistent throughout the UWMP as reported in Table 2‐3. 8.A.aPacket Pg. 183Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 2025* 2030* 2035* 2040* 2045* (Opt) Supply totals 18,833 19,229 19,624 19,624 19,624 Demand totals 10,319 11,383 12,498 13,273 14,109 Difference 8,514 7,846 7,126 6,351 5,515 Supply totals 19,933 20,329 20,724 20,724 20,724 Demand totals 10,319 11,383 12,498 13,273 14,109 Difference 9,614 8,946 8,226 7,451 6,615 Supply totals 18,613 19,009 19,404 19,404 19,404 Demand totals 10,319 11,383 12,498 13,273 14,109 Difference 8,294 7,626 6,906 6,131 5,295 Supply totals 18,833 19,229 19,624 19,624 19,624 Demand totals 10,319 11,383 12,498 13,273 14,109 Difference 8,514 7,846 7,126 6,351 5,515 Supply totals 18,613 19,009 19,404 19,404 19,404 Demand totals 10,319 11,383 12,498 13,273 14,109 Difference 8,294 7,626 6,906 6,131 5,295 Supply totals Demand totals Difference 0 0 0 0 0 Submittal Table 7‐4 Retail: Multiple Dry Years Supply and Demand Comparison First year Second year Third year NOTES: Fourth year Fifth year Sixth year (optional) *Units of measure (AF, CCF, MG) must remain consistent throughout the UWMP as reported in Table 2‐3. 8.A.a Packet Pg. 184 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 2021 Total Total Water Use 9,507 Total Supplies 18,517 Surplus/Shortfall w/o WSCP Action 9,010 WSCP ‐ supply augmentation benefit WSCP ‐ use reduction savings benefit Revised Surplus/(shortfall) 9,010 Resulting % Use Reduction from WSCP action 0% 2022 Total Total Water Use 9,710 Total Supplies 19,696 Surplus/Shortfall w/o WSCP Action 9,986 WSCP ‐ supply augmentation benefit WSCP ‐ use reduction savings benefit Revised Surplus/(shortfall) 9,986 Resulting % Use Reduction from WSCP action 0% 2023 Total Total Water Use 9,913 Total Supplies 18,455 Surplus/Shortfall w/o WSCP Action 8,542 WSCP ‐ supply augmentation benefit WSCP ‐ use reduction savings benefit Revised Surplus/(shortfall) 8,542 Resulting % Use Reduction from WSCP action 0% 2024 Total Total Water Use 10,116 Total Supplies 18,754 Surplus/Shortfall w/o WSCP Action 8,638 WSCP ‐ supply augmentation benefit WSCP ‐ use reduction savings benefit Revised Surplus/(shortfall) 8,638 Resulting % Use Reduction from WSCP action 0% 2025 Total Total Water Use 10,319 Total Supplies 18,613 Surplus/Shortfall w/o WSCP Action 8,294 WSCP ‐ supply augmentation benefit WSCP ‐ use reduction savings benefit Revised Surplus/(shortfall) 8,294 Resulting % Use Reduction from WSCP action 0% Planned WSCP Actions (use reduction and supply augmentation) Planned WSCP Actions (use reduction and supply augmentation) Planned WSCP Actions (use reduction and supply augmentation) Planned WSCP Actions (use reduction and supply augmentation) Submittal Table 7‐5: Five‐Year Drought Risk Assessment Tables to address Water Code Section 10635(b) Planned WSCP Actions (use reduction and supply augmentation) 8.A.a Packet Pg. 185 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 Shortage Level Percent Shortage Range Shortage Response Actions (Narrative description) 1Up to 10% Permanent water conservation requirements are effective at all times 2Up to 20% Water Supply Shortage exists when City Council determines and agrees that 11% ‐ 20% consumer demand reduction is necessary to make more efficient use of water. 3Up to 30% Water Supply Shortage exists when City Council determines and agrees that 21% ‐ 30% consumer demand reduction is necessary to make more efficient use of water. 4Up to 40% Water Supply Shortage exists when City Council determines and agrees that 31% ‐ 40% consumer demand reduction is necessary to make more efficient use of water. 5Up to 50% Water Supply Shortage exists when City Council determines and agrees that 41% ‐ 50% consumer demand reduction is necessary to make more efficient use of water. 6 >50% Water Supply Shortage is referred to as Water Shortage Emergency, and exists when City Council determines and agrees that a consumer demand reduction of greater than 50% is necessary to maintain public water supplies. NOTES: Submittal Table 8‐1 Water Shortage Contingency Plan Levels 8.A.a Packet Pg. 186 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 ShortageLevel Demand Reduction ActionsDrop down listThese are the only categories that will be accepted by the WUEdata online submittal tool. Select those that apply.How much is this going to reduce the shortage gap? Include units used (volume type or percentage)Additional Explanation or Reference(optional)Penalty, Charge, or Other Enforcement? For Retail Suppliers Only Drop Down List0CII ‐ Lodging establishment must offer opt out of linen serviceEncourage hotels, motels and other commercial lodging establishments to provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments are encouraged to prominently display notice of this option in each bathroom using clear and easily understood language. No0 CII ‐ Restaurants may only serve water upon requestEncourage eating or drinking establishments, including but not limited to a restaurant, hotel, cafe, cafeteria, bar, or other public place where food or drinks are sold, served, or offered for sale to provide drinking water to any person only when expressly requested.No0CII ‐ Commercial kitchens required to use pre‐rinse spray valvesEncourage food preparation establishments, such as restaurants or cafes to use water conserving dish wash spray valves.No0 OtherDiscourage installation of single pass cooling systems in buildings requesting new water service. No0 OtherDiscourage installation of non‐recirculating water systems in new commercial conveyor car wash and new commercial laundry systems.No0 OtherEncourage all commercial conveyor car wash systems to install operational re‐circulating water systemsNo0 OtherWhen directed by the Public Works Director, recycled water fill stations shall be made available for construction water for purposes, including dust control. Recycled water fill stations may be removed upon completion of construction activities in the area.NoSubmittal Table 8‐2: Demand Reduction ActionsAdd additional rows as needed8.A.aPacket Pg. 187Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 0 Pools and Spas ‐ Require covers for pools and spasRecommend that all existing pools use a pool cover or solar blanket to reduce water loss due to evaporation.No1 Landscape ‐ Limit landscape irrigation to specific daysLimit watering or irrigating of lawn, landscape or other vegetated area with potable waterto three days per week from April through October. The watering days are designated depending upon house address (odd house and no house address – Monday, Wednesday, and Friday, even house address – Tuesday, Thursday, and Saturday). This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand‐held bucket or similar container, a hand‐held hose equipped with a positive self‐closing water shut‐off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.Yes1 Landscape ‐ Limit landscape irrigation to specific daysLimit watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week during November through March (odd house and no house address – Monday, even house address – Tuesday). This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand‐held bucket or similar container, a hand‐held hose equipped with a positive self‐closing water shut‐off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.Yes1 Pools and Spas ‐ Require covers for pools and spasRequire all new pools to have a pool cover or solar blanket to reduce water loss through evaporation.Yes8.A.aPacket Pg. 188Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 1Other ‐ Prohibit use of potable water for washing hard surfacesProhibit washing down hard or paved surfaces, including but not limited to buildings, structures, sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys.Yes1Other ‐ Customers must repair leaks, breaks, and malfunctions in a timely mannerRequire leaks, breaks, or other malfunctions in the water user’s plumbing or distribution system to be repaired within seventy‐two (72) hours of notification by the city unless other arrangements are made with the city.Yes1Landscape ‐ Restrict or prohibit runoff from landscape irrigationProhibit the application of water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non irrigated areas, private and public walkways, driveway, street, alley, gutter, ditch, parking lots, or structures. Yes1Water Features ‐ Restrict water use for decorative water features, such as fountainsProhibit the operation a water fountain or other decorative water feature that does not use recirculated waterYes1 OtherProhibit using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not, except by use of a hand‐held bucket or similar container or a hand‐held hose equipped with a posiƟve self closing water shut‐off nozzle or device. This subsection does not apply to any commercial car washing facility. Yes1 CII ‐ Restaurants may only serve water upon requestProhibit eating or drinking establishments, including but not limited to a restaurant, hotel, cafe, cafeteria, bar, or other public place where food or drinks are sold, served, or offered for sale, from providing drinking water to any person unless expressly requested. Yes1CII ‐ Lodging establishment must offer opt out of linen serviceRequire hotels, motels and other commercial lodging establishments to provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments must prominently display notice of this option in each bathroom using clear and easily understood language.Yes8.A.aPacket Pg. 189Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 1 OtherProhibit the installation of single pass cooling systems in buildings requesting new water service.Yes1 OtherProhibit the installation of non‐re‐circulating water systems in new commercial conveyor car wash and new commercial laundry systems.Yes1CII ‐ Commercial kitchens required to use pre‐rinse spray valvesProhibit food preparation establishments, such as restaurants or cafes from using non‐water conserving dish wash spray valves. Yes1 OtherRequire all commercial conveyor car wash systems to have installed operational re‐circulating water systems, or must have secured a waiver of this requirement from the city.Yes1 OtherWhen directed by the Public Works Director, recycled water fill stations shall be made available for construction water for purposes, including dust control. Recycled water fill stations may be removed upon completion of construction activities in the area.Yes1 Other water feature or swimming pool restrictionRefilling of existing private pools is prohibited, except to maintain water levels, unless the pool is in eminent danger of failureYes2 Landscape ‐ Limit landscape irrigation to specific daysLimit watering or irrigating of lawn, landscape orother vegetated area with potable water to twp days per week from April through October. The watering days are designated depending upon house address (odd house and no house address – Wednesday and Sunday, even house address – Tuesday and Saturday). This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand‐held bucket or similar container, a hand‐held hose equipped with a positive self‐closing water shut‐off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.Yes8.A.aPacket Pg. 190Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 2 Landscape ‐ Limit landscape irrigation to specific daysLimit watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week during November through March (odd house and no house address – Monday,even house address – Tuesday). This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand‐held bucket or similar container, a hand‐held hose equipped with a positive self‐closing water shut‐off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.Yes3Water Features ‐ Restrict water use for decorative water features, such as fountainsProhibit filling or re‐filling ornamental lakes or ponds with potable water, except to the extent needed to sustain aquatic life, provided that such animals are of significant value and have been actively managed within the water feature prior to declaration of a supply shortage level under this section.Yes3Other ‐ Customers must repair leaks, breaks, and malfunctions in a timely mannerRequire all leaks, breaks, or other malfunctions in the water user’s plumbing or distribution system to be repaired within forty‐eight (48) hours of notification by the city unless other arrangements are made with the cityYes3 OtherCity Council may consider adopting rate structures and other pricing mechanisms to maximize water conservation.Yes3 Landscape ‐ Other landscape restriction or prohibitionProhibit the applications of potable water to outdoor landscapes during and within 48 hours following measurable rainfall.Yes4 Landscape ‐ Other landscape restriction or prohibitionProhibit the irrigation with potable water outside of newly constructed homes and buildings in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission.Yes8.A.aPacket Pg. 191Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 4 Landscape ‐ Other landscape restriction or prohibitionProhibit the irrigation with potable water or ornamental turf on public street medians, including roundabouts.Yes4 Landscape ‐ Prohibit all landscape irrigationProhibit watering or irrigating of lawn, landscape or other vegetated area with potable water. This restriction does not apply to the following categories of use, unless the city has determined that recycled water is available and may be applied to the use: (a) Maintenance of vegetation, including trees and shrubs, that are watered using a hand‐held bucket or similar container, hand‐held hose equipped with a positive self–closing water shut‐off nozzle or device; (b) Maintenance of existing landscape necessary for fire protection; (c) Maintenance of existing landscape forsoil erosion control; (d) Maintenance of plant materials identified to be rare or essential to the well‐being of protected species; (e) Maintenance of landscape within active public parks and playing fields, day care centers, golf course greens, and school grounds, provided that such irrigation does not exceed two (2) days per week for no more than fifteen (15) minutes watering per designated water day per station and is prohibited between the hours of 9:00 a.m. and 5:00 p.m. Pacific Standard/Daylight Savings Time.(f) Actively irrigated environmental mitigation projects.Yes4Other ‐ Customers must repair leaks, breaks, and malfunctions in a timely mannerRequire all leaks, breaks, or other malfunctions in the water user’s plumbing or distribution system to be repaired within twenty four (24) hours of notification by the city unless other arrangements are made with the city.Yes8.A.aPacket Pg. 192Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 5 OtherThe city may limit the issuance of new potable water services, temporary meters and/or statements of immediate ability to serve or provide potable water service (such as, can and will‐serve letters, certificates, or letters of availability), except under the following circumstances:(a) A valid, unexpired building permit has been issued for the project; or(b) The project is necessary to protect the public health, safety, and welfare; or(c) The applicant provides substantial evidence of an enforceable commitment that water demands for the project will be offset prior to the provision of a new water meter(s) to the satisfaction of the city.(d) This provision does not preclude the resetting or turn‐on of meters to provide continuation of water service or the restoration of service that has been interrupted for a period of one year or less."Yes6 OtherUpon declaration of a Level 6 Water Supply Shortage Emergency condition, the City Administrator is authorized to implement a program in his or her discretion to limit or withhold the issuance of building permits which require new or expanded water service, except to protect the public health, safety and welfare, or in cases which meet the city’s adopted conservation offset requirements.Yes6 OtherUpon the declaration of a Level 6 Water Supply Shortage condition, the city may suspend consideration of annexations to its service area. This subsection does not apply to boundary corrections and annexations that will not result in any immediate increased use of water.Yes8.A.aPacket Pg. 193Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Shortage LevelSupply Augmentation Methods and Other Actions by Water Supplier Drop down list These are the only categories that will be accepted by the WUEdata online submittal tool How much is this going to reduce the shortage gap? Include units used (volume type or percentage)Additional Explanation or Reference (optional)Submittal Table 8‐3: Supply Augmentation and Other ActionsAdd additional rows as neededNOTES:8.A.aPacket Pg. 194Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 City Name 60 Day NoticeNotice of Public HearingCity of Morgan Hill Santa Clara County Valley Water County Name Drop Down List60 Day NoticeNotice of Public HearingSanta Clara County NOTES:Submittal Table 10‐1 Retail: Notification to Cities and Counties Add additional rows as neededAdd additional rows as needed8.A.aPacket Pg. 195Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 SB X7‐7 Table 0: Units of Measure Used in UWMP* (select one from the drop down list) Acre Feet*The unit of measure must be consistent with Submittal Table 2‐3 NOTES: 8.A.aPacket Pg. 196Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Parameter Value Units2008 total water deliveries 9,259 Acre Feet2008 total volume of delivered recycled water1,047 Acre Feet2008 recycled water as a percent of total deliveries 11%See Note 1Number of years in baseline period1, 215YearsYear beginning baseline period range1995Year ending baseline period range32009Number of years in baseline period5YearsYear beginning baseline period range2005Year ending baseline period range420092 The Water Code requires that the baseline period is between 10 and 15 years. However, DWR recognizes that some water suppliers may not have the minimum 10 years of baseline data. SB X7‐7 Table‐1: Baseline Period Ranges1If the 2008 recycled water delivery is less than 10 percent of total water deliveries, then the 10‐15year baseline period is a continuous 10‐year period. If the amount of recycled water delivered in 2008 is 10 percent or greater of total deliveries, the 10‐15 year baseline period is a continuous 10‐ to 15‐year period. 3The ending year for the 10‐15 year baseline period must be between December 31, 2004 and December 31, 2010. 4The ending year for the 5 year baseline period must be between December 31, 2007 and December 31, 2010.5‐year baseline period Baseline10‐ to 15‐year baseline periodNOTES:8.A.aPacket Pg. 197Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 NOTES:SB X7‐7 Table 2: Method for Population EstimatesMethod Used to Determine Population(may check more than one)1. Department of Finance (DOF) or American Community Survey (ACS)3. DWR Population Tool4. OtherDWR recommends pre‐review2. Persons‐per‐Connection Method8.A.aPacket Pg. 198Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 PopulationYear 11995 33,803 Year 2 34,767 Year 3 35,926 Year 4 38,116 Year 5 39,839 Year 6 41,464 Year 7 42,436 Year 8 43,144 Year 9 43,866 Year 10 45,026 Year 11 45,782 Year 12 46,446 Year 13 47,047 Year 14 48,353 Year 15 48,627 Year 12005 45,782 Year 2 46,446 Year 3 47,047 Year 4 48,353 Year 5 48,627 SB X7‐7 Table 3: Service Area Population10 to 15 Year Baseline Population5 Year Baseline PopulationNOTES:Year8.A.aPacket Pg. 199Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Acre FeetExported Water Change in Dist. System Storage(+/‐) Indirect Recycled WaterThis column will remain blank until SB X7‐7 Table 4‐B is completed. Water Delivered for Agricultural Use Process WaterThis column will remain blank until SB X7‐7 Table 4‐D is completed. Annual Gross Water Use Year 1 19956,138 ‐ ‐ 6,138 Year 206,387 ‐ ‐ 6,387 Year 307,089 ‐ ‐ 7,089 Year 406,543 ‐ ‐ 6,543 Year 507,307 ‐ ‐ 7,307 Year 607,801 ‐ ‐ 7,801 Year 708,007 ‐ ‐ 8,007 Year 808,498 ‐ ‐ 8,498 Year 907,897 ‐ ‐ 7,897 Year 10 08,332 ‐ ‐ 8,332 Year 1107,961 ‐ ‐ 7,961 Year 1208,897 ‐ ‐ 8,897 Year 1309,192 ‐ ‐ 9,192 Year 1409,259 ‐ ‐ 9,259 Year 1508,477 ‐ ‐ 8,477 7,852Year 1 2005 7,961 ‐ ‐ 7,961 Year 20 8,897 ‐ ‐ 8,897 Year 30 9,192 ‐ ‐ 9,192 Year 40 9,259 ‐ ‐ 9,259 Year 50 8,477 ‐ ‐ 8,477 8,757* Units of measure (AF, MG , or CCF) must remain consistent throughout the UWMP, as reported in Table 2‐3.NOTES:SB X7‐7 Table 4: Annual Gross Water Use * 10 to 15 Year Baseline ‐ Gross Water Use 10 ‐ 15 year baseline average gross water use 5 Year Baseline ‐ Gross Water Use 5 year baseline average gross water useBaseline YearFm SB X7‐7 Table 3Volume Into Distribution SystemThis column will remain blank until SB X7‐7 Table 4‐A is completed. Deductions8.A.aPacket Pg. 200Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Volume Entering Distribution System1 Meter Error Adjustment 2 Optional (+/‐) Corrected Volume Entering Distribution System Year 1 1995 6,138 6,138 Year 20 6,387 6,387 Year 30 7,089 7,089 Year 40 6,543 6,543 Year 50 7,307 7,307 Year 60 7,801 7,801 Year 70 8,007 8,007 Year 80 8,498 8,498 Year 90 7,897 7,897 Year 10 0 8,332 8,332 Year 11 0 7,961 7,961 Year 12 0 8,897 8,897 Year 13 0 9,192 9,192 Year 14 0 9,259 9,259 Year 15 0 8,477 8,477 Year 1 2005 7,961 7,961 Year 20 8,897 8,897 Year 30 9,192 9,192 Year 40 9,259 9,259 Year 50 8,477 8,477 SB X7‐7 Table 4‐A: Volume Entering the Distribution System(s) Complete one table for each source. 10 to 15 Year Baseline ‐ Water into Distribution System 5 Year Baseline ‐ Water into Distribution System Name of Source Baseline Year Fm SB X7‐7 Table 3 1 Units of measure (AF, MG , or CCF) must remain consistent throughout the UWMP, as reported in Table 2‐3. 2 Meter Error Adjustment ‐ See guidance in Methodology 1, Step 3 of Methodologies Document NOTES: This water source is: The supplier's own water source A purchased or imported source Groundwater, Llagas Subbasin 8.A.a Packet Pg. 201 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 Service Area Population Fm SB X7‐7 Table 3 Annual Gross Water Use Fm SB X7‐7 Table 4 Daily Per Capita Water Use (GPCD) Year 1 1995 33,803 6,138 162 Year 2 0 34,767 6,387 164 Year 3 0 35,926 7,089 176 Year 4 0 38,116 6,543 153 Year 5 0 39,839 7,307 164 Year 6 0 41,464 7,801 168 Year 7 0 42,436 8,007 168 Year 8 0 43,144 8,498 176 Year 9 0 43,866 7,897 161 Year 10 0 45,026 8,332 165 Year 11 0 45,782 7,961 155 Year 12 0 46,446 8,897 171 Year 13 0 47,047 9,192 174 Year 14 0 48,353 9,259 171 Year 15 0 48,627 8,477 156 166 Service Area Population Fm SB X7‐7 Table 3 Gross Water Use Fm SB X7‐7 Table 4 Daily Per Capita Water Use Year 1 2005 45,782 7,961 155 Year 2 0 46,446 8,897 171 Year 3 0 47,047 9,192 174 Year 4 0 48,353 9,259 171 Year 5 0 48,627 8,477 156 165 NOTES: 5 Year Average Baseline GPCD Baseline Year Fm SB X7‐7 Table 3 SB X7‐7 Table 5: Baseline Gallons Per Capita Per Day (GPCD) Baseline Year Fm SB X7‐7 Table 3 10 to 15 Year Baseline GPCD 10‐15 Year Average Baseline GPCD 5 Year Baseline GPCD 8.A.a Packet Pg. 202 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 166165SB X7‐7 Table 6: Baseline GPCD Summary From Table SB X7‐7 Table 510‐15 Year Baseline GPCD5 Year Baseline GPCDNOTES:8.A.aPacket Pg. 203Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Supporting TablesMethod 1SB X7‐7 Table 7AMethod 2SB X7‐7 Tables 7B, 7C, and 7D Method 3SB X7‐7 Table 7‐EMethod 4Method 4 Calculator Located in the WUE Data Portal at wuedata.water.ca.gov Resources buttonSB X7‐7 Table 7: 2020 Target MethodSelect Only OneTarget MethodNOTES:8.A.aPacket Pg. 204Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 10‐15 Year Baseline GPCD 2020 Target GPCD166133SB X7‐7 Table 7‐A: Target Method 120% ReductionNOTES:8.A.aPacket Pg. 205Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Prorated 2020 TargetPopulation Weighted Average 2020 Target165157133133SB X7‐7 Table 7‐F: Confirm Minimum Reduction for 2020 TargetNOTES: 1Maximum 2020 Target is 95% of the 5 Year Baseline GPCD except for suppliers at or below 100 GPCD.2Calculated 2020 Target is the target calculated by the Supplier based on the selected Target Method, see SB X7‐7 Table 7 and corresponding tables for agency's calculated target. Supplier may only enter one calculated target. 3Prorated targets and population weighted target are allowed for special situations only. These situations are described in Appendix P, Section P.3 4 Confirmed Target is the lesser of the Calculated 2020 Target (C5, D5, or E5) or the Maximum 2020 Target (Cell B5) Maximum 2020 Target15 YearBaseline GPCDFrom SB X7‐7 Table 5Calculated 2020 Target 2Special Situations3Confirmed 2020 Target4As calculated by supplier in this SB X7‐7 Verification Form8.A.aPacket Pg. 206Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 SB X7‐7 Table 0: Units of Measure Used in 2020 UWMP* (select one from the drop down list) Acre Feet*The unit of measure must be consistent throughout the UWMP, as reported in Submittal Table 2‐3.NOTES: 8.A.aPacket Pg. 207Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 NOTES:SB X7‐7 Table 2: Method for 2020 Population EstimateMethod Used to Determine 2020 Population(may check more than one)1. Department of Finance (DOF) or American Community Survey (ACS) 3. DWR Population Tool4. OtherDWR recommends pre‐review2. Persons‐per‐Connection Method8.A.aPacket Pg. 208Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 56,704 2020SB X7‐7 Table 3: 2020 Service Area Population2020 Compliance Year PopulationNOTES:8.A.aPacket Pg. 209Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Exported Water *Change in Dist. System Storage*(+/‐) Indirect Recycled WaterThis column will remain blank until SB X7‐7 Table 4‐B is completed. Water Delivered for Agricultural Use* Process WaterThis column will remain blank until SB X7‐7 Table 4‐D is completed. 8,271 ‐ ‐ 8,271 NOTES:SB X7‐7 Table 4: 2020 Gross Water Use 2020 Volume Into Distribution SystemThis column will remain blank until SB X7‐7 Table 4‐A is completed. 2020 Gross Water Use 2020 Deductions* Units of measure (AF, MG , or CCF) must remain consistent throughout the UWMP, as reported in SB X7‐7 Table 0 and Submittal Table 2‐3.Compliance Year 20208.A.aPacket Pg. 210Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Volume Entering Distribution System 1Meter Error Adjustment 2 Optional(+/‐)Corrected Volume Entering Distribution System8,271 ‐ 8,271 SB X7‐7 Table 4‐A: 2020 Volume Entering the Distribution System(s), Meter Error AdjustmentComplete one table for each source. Name of Source1 Units of measure (AF, MG , or CCF) must remain consistent throughout the UWMP, as reported in SB X7‐7 Table 0 and Submittal Table 2‐3. 2 Meter Error Adjustment ‐ See guidance in Methodology 1, Step 3 of Methodologies DocumentNOTESThis water source is (check one):The supplier's own water sourceA purchased or imported sourceGroundwater, Llagas SubbasinCompliance Year 20208.A.aPacket Pg. 211Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 2020 Gross Water Fm SB X7‐7 Table 42020 Population Fm SB X7‐7 Table 32020 GPCD8,271 56,704 130 SB X7‐7 Table 5: 2020 Gallons Per Capita Per Day (GPCD)NOTES:8.A.aPacket Pg. 212Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Extraordinary Events1Weather Normalization1Economic Adjustment1130 ‐ ‐ ‐ ‐ 130 133YESNOTES: 1 All values are reported in GPCD 2 2020 Confirmed Target GPCD is taken from the Supplier's SB X7‐7 Verification Form Table SB X7‐7, 7‐F.SB X7‐7 Table 9: 2020 ComplianceOptional Adjustments to 2020 GPCDDid Supplier Achieve Targeted Reduction for 2020?Actual 2020 GPCD12020 Confirmed Target GPCD 1, 2TOTAL Adjustments1Adjusted 2020 GPCD 1 (Adjusted if applicable)Enter "0" if Adjustment Not Used8.A.aPacket Pg. 213Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Supplier: Water Delivery Product (If delivering more than one type of product use Table O‐1C) Retail Potable Deliveries Table O‐1B: Recommended Energy Reporting ‐ Total Utility Approach Enter Start Date for Reporting Period 1/1/2020 End Date 12/31/2020 Is upstream embedded in the values reported? Sum of All Water Management Processes Water Volume Units Used AF Total Utility Hydropower Net Utility Volume of Water Entering Process (volume unit)8270.955 8270.955 Energy Consumed (kWh)3805321.214 3805321.214 Energy Intensity (kWh/vol. converted to MG)1412.0 0.0 1412.0 Quantity of Self‐Generated Renewable Energy kWh Data Quality (Estimate, Metered Data, Combination of Estimates and Metered Data) Estimate Data Quality Narrative: Narrative: City of Gilroy Urban Water Supplier Operational Control Non‐Consequential Hydropower 8.A.a Packet Pg. 214 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 11-3 City of Gilroy 2020 Urban Water Management Plan City of Gilroy APPENDIX B Groundwater Studies 8.A.a Packet Pg. 215 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 8.A.a Packet Pg. 216 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 Water Shortage Contingency Plan) 8.A.a Packet Pg. 217 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 Water Shortage Contingency Plan) 8.A.a Packet Pg. 218 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 Water Shortage Contingency Plan) 8.A.a Packet Pg. 219 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 Water Shortage Contingency Plan) 8.A.a Packet Pg. 220 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 Water Shortage Contingency Plan) 8.A.a Packet Pg. 221 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 Water Shortage Contingency Plan) 8.A.a Packet Pg. 222 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 Water Shortage Contingency Plan) 8.A.a Packet Pg. 223 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 Water Shortage Contingency Plan) 8.A.a Packet Pg. 224 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 8.A.a Packet Pg. 225 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 8.A.a Packet Pg. 226 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 8.A.a Packet Pg. 227 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 8.A.a Packet Pg. 228 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 8.A.a Packet Pg. 229 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 8.A.a Packet Pg. 230 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 8.A.a Packet Pg. 231 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 8.A.a Packet Pg. 232 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 8.A.a Packet Pg. 233 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 8.A.a Packet Pg. 234 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 8.A.a Packet Pg. 235 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 8.A.a Packet Pg. 236 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 11-4 City of Gilroy 2020 Urban Water Management Plan City of Gilroy APPENDIX C Energy Intensity Analysis 8.A.a Packet Pg. 237 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 Urban Water Supplier: Water Delivery Product (If delivering more than one type of product use Table O‐1C) Retail Potable Deliveries Table O‐1B: Recommended Energy Reporting ‐ Total Utility Approach Enter Start Date for Reporting Period 1/1/2020 End Date 12/31/2020 Is upstream embedded in the values reported? Sum of All Water Management Processes Water Volume Units Used AF Total Utility Hydropower Net Utility Volume of Water Entering Process (volume unit)8270.955 8270.955 Energy Consumed (kWh)3805321.214 3805321.214 Energy Intensity (kWh/vol. converted to MG)1412.0 0.0 1412.0 Quantity of Self‐Generated Renewable Energy kWh Data Quality (Estimate, Metered Data, Combination of Estimates and Metered Data) Estimate Data Quality Narrative: Narrative: City of Gilroy Urban Water Supplier Operational Control Non‐Consequential Hydropower 8.A.a Packet Pg. 238 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 11-5 City of Gilroy 2020 Urban Water Management Plan City of Gilroy APPENDIX D Water Shortage Contingency Plan 8.A.a Packet Pg. 239 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 2020 Water ShortageContingency Plan City of Gilroy DRAF T 8.A.a Packet Pg. 240 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 2020 WATER SHORTAGE CONTINGENCY PLAN Draft August 2021 CITY OF GILROY 8.A.a Packet Pg. 241 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 7433 NORTH FIRST STREET, SUITE 103 • FRESNO, CALIFORNIA 93720 • (559) 436-0600 • FAX (559) 436-0622 www.akeleng.com Smart Planning Our Water Resources July 1, 2021 City of Gilroy 7351 Rosanna Street Gilroy California, 95020 Attention: Gary Heap, P.E., City Engineer Subject: Water Shortage Contingency Plan Dear Gary: We are pleased to submit the City of Gilroy 2020 Water Shortage Contingency Plan (2020 WSCP) which is intended to address the Urban Water Management Planning Act (UWMPA) of 1983 and amendments thereof. The City’s Water Shortage Contingency Plan (WSCP) was originally included in the 2015 UWMP, which received letters of review and completeness from the Department of Water Resources. As part of amendments to the UWMPA the WSCP is now required to be prepared and adopted separately from the UWMP. The 2020 WSCP builds upon previous water shortage contingency planning efforts completed by the City and reflects updates to the City’s water shortage levels and water conservation measures for consistency with state-wide requirements provided by the Department of Water Resources. We extend our thanks to you; Daryl Jordan, Public Works Director; Jeff Castro, Operation Services Supervisor-Water Division; Jorge Duran, Senior Engineer; Faranak Mahdavi, Senior Engineer Capital Improvement Projects; and other City staff whose courtesy and cooperation were valuable in reviewing and completing this study. Sincerely, AKEL ENGINEERING GROUP, INC. Tony Akel, P.E. Principal Enclosure: 2020 Water Shortage Contingency Plan 8.A.a Packet Pg. 242 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 Acknowledgements City Council Marie Blankley, Mayor Fred Tovar, Mayor Pro Tempore Rebeca Armendariz Dion Brocco Zach Hilton Peter Leroe-Munoz Carol Marques Management Personnel Gary Heap, City Engineer Daryl Jordan, Public Works Director Jeff Castro, Operation Services Supervisor-Water Division Jorge Duran, Senior Engineer Faranak Mahdavi, Senior Engineer Capital Improvement Projects 8.A.a Packet Pg. 243 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 i City of Gilroy 2020 Water Shortage Contingency Plan City of Gilroy 2020 Water Shortage Contingency Plan Table of Contents Page No. Section 1 INTRODUCTION ............................................................................................... 1 Section 2 WATER SUPPLY RELIABILITY ANALYSIS ..................................................... 1 Section 3 ANNUAL WATER SUPPLY AND DEMAND ASSESSMENT PROCEDURES . 2 3.1 Decision Making Process ................................................................................. 3 3.2 Data and Methodologies .................................................................................. 4 3.2.1 Evaluation Criteria .......................................................................... 5 3.2.2 Water Supply.................................................................................. 5 3.2.3 Current Year Unconstrained Customer Demand ........................... 5 3.2.4 Current Year Available Supply ....................................................... 5 3.2.5 Infrastructure Considerations ......................................................... 5 Section 4 SIX STANDARD WATER SHORTAGE LEVELS .............................................. 6 Section 5 SHORTAGE RESPONSE ACTIONS ................................................................ 7 5.1 Demand Reduction .......................................................................................... 7 5.2 Supply Augmentation ....................................................................................... 16 5.3 Operation Changes .......................................................................................... 16 5.4 Additional Mandatory Restrictions ................................................................... 16 5.5 Emergency Response Plan ............................................................................. 16 5.6 Seismic Risk Assessment and Mitigation Plan ................................................ 16 5.7 Shortage Response Action Effectiveness ........................................................ 17 Section 6 COMMUNICATION PROTOCOLS ................................................................... 17 Section 7 COMPLIANCE AND ENFORCEMENT ............................................................. 17 Section 8 LEGAL AUTHORITIES ..................................................................................... 18 Section 9 FINANCIAL CONSEQUENCES OF WSCP ACTIVATION................................ 19 Section 10 MONITORING AND REPORTING .................................................................... 21 Section 11 WSCP REFINEMENT PROCEDURES ............................................................. 22 Section 12 SPECIAL WATER FEATURE DISTINCTION ................................................... 22 Section 13 PLAN ADOPTION, SUBMITTAL, AND AVAILABILITY ..................................... 22 8.A.a Packet Pg. 244 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 ii City of Gilroy 2020 Water Shortage Contingency Plan City of Gilroy 2020 Water Shortage Contingency Plan Figures Page No. Figure 3-1 Annual Assessment Reporting Timeline ............................................................... 3 Tables Page No. Table 4-1 Water Shortage Levels ......................................................................................... 6 Table 4-2 Water Shortage Contingency Plan Levels ............................................................ 8 Table 5-1 Demand Reduction Actions .................................................................................. 9 Table 9-1 Financial Consequences of WSCP ..................................................................... 21 8.A.a Packet Pg. 245 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 1 City of Gilroy Water Shortage Contingency Plan Section 1 INTRODUCTION This report documents the City of Gilroy’s Water Shortage Contingency Plan (WSCP). This 2020 WSCP document builds upon previous water shortage contingency planning efforts completed by the City and documented in the 2010 and 2015 Urban Water Management Plans (UWMP). This WSCP reflects updates to the City’s water shortage levels and water conservation measures for consistency with state-wide requirements provided by the Department of Water Resources. As part of the 2020 UWMP update, the Department of Water Resources requires urban water suppliers to prepare a stand-alone 2020 WSCP, which is separated from the 2020 UWMP, and intended to manage a water shortage. As the City continues to monitor the effectiveness of the WSCP, this document can be updated and adopted separately from the UWMP. Though it is a stand-alone document, the 2020 WSCP is still considered one of the elements of the 2020 UWMP, as required by the State Law. Based on Department of Water Resources (DWR) requirements, and consistent with previous planning efforts, this WSCP includes the following sections:  Water Supply Reliability Analysis  Annual Water Supply and Demand Assessment  Shortage Response Actions  Communication Protocols  Compliance and Enforcement  Legal Authorities  Financial Consequences of WSCP Activation  Monitoring and Reporting  Special Water Feature Distinction  Plan Adoption, Submittal, and Availability Section 2 WATER SUPPLY RELIABILITY ANALYSIS Law The City currently uses groundwater as the sole source of water supply, with wells extracting water from the Llagas Subbasin. This groundwater basin is managed by Valley Water, and the Valley Water 2016 GMP lists the rates of natural recharge for these groundwater supply sources. Consistent with previously planning efforts, the City’s Water Supply Reliability Analysis considers the available supply volume for each Subbasin as equal to the rate of natural recharge. The Water 10632 (a)(1) The analysis of water supply reliability conducted pursuant to Section 10635. 8.A.a Packet Pg. 246 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 2 City of Gilroy Water Shortage Contingency Plan Supply Reliability Analysis also considers the effects on available supply during a single-dry and five-year dry period; for conservative planning purposes, supply reduction percentages from the Valley Water 2020 UWMP were used to estimate the available groundwater supply during these dry year periods. As part of the 2020 UWMP, the City has also prepared a Drought Risk Assessment (DRA), which is a proactive planning review that readies the City for worst-case water supply conditions should they occur in the immediate future. The DRA compares the City’s projected demands over the next five years to estimated available supplies should a five-year dry period occur. The results of the DRA prepared as part of the 2020 UWMP indicate that the City has sufficient supplies to meet projected demands over the next five years. Section 3 ANNUAL WATER SUPPLY AND DEMAND ASSESSMENT PROCEDURES Law Updates to the California Water Code now require that urban water suppliers prepare a water supply and demand assessment on an annual basis (Annual Assessment). The findings of this Annual Assessment will be summarized in a report submitted to the DWR by July 1 of each calendar year, with the first report required for submission on July 1st, 2022. The purpose of this 10632 (a)(2) The procedures used in conducting an annual water supply and demand assessment that include, at a minimum, both of the following: (A) The written decision-making process that an urban water supplier will use each year to determine its water supply reliability. (B) The key data inputs and assessment methodology used to evaluate the urban water supplier’s water supply reliability for the current year and one dry year, including all of the following: (i) Current year unconstrained demand, considering weather, growth, and other influencing factors, such as policies to manage current supplies to meet demand objectives in future years, as applicable. (ii) Current year available supply, considering hydrological and regulatory conditions in the current year and one dry year. The annual supply and demand assessment may consider more than one dry year solely at the discretion of the urban water supplier. (iii) Existing infrastructure capabilities and plausible constraints. (iv) A defined set of locally applicable evaluation criteria that are consistently relied upon for each annual water supply and demand assessment. (v) A description and quantification of each source of water supply. 10632.1 An urban water supplier shall conduct an annual water supply and demand assessment pursuant to subdivision (a) of Section 10632 and, on or before July 1 of each year, submit an annual water shortage assessment report to the department with information for anticipated shortage, triggered shortage response actions, compliance and enforcement actions, and communication actions consistent with the supplier’s water shortage contingency plan. An urban water supplier that relies on imported water from the State Water Project or the Bureau of Reclamation shall submit its annual water supply and demand assessment within 14 days of receiving its final allocations, or by July 1 of each year, whichever is later. 8.A.a Packet Pg. 247 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 3 City of Gilroy Water Shortage Contingency Plan annual assessment is to ensure water suppliers are proactively considering the available water supplies and service area demand requirements, as well as identifying the potential need for implementing the Water Shortage Contingency Plan. It should be noted that DWR is in the process of preparing a stand-alone guidance document that will outline general procedures to aid urban water suppliers in preparing the Annual Assessment. The decision-making process and Annual Assessment completion steps are preliminary at this point and will be further refined as the guidance document by DWR is completed. 3.1 Decision Making Process This section describes the decision-making process to prepare and approve the Annual Assessment each year. It should be noted that the Annual Assessment and decision-making process will rely on the findings of the Valley Water Annual Assessment, which will include documentation of available water supply information and any County-wide required water shortage actions to be implemented. Figure 3‐1 Annual Assessment Reporting Timeline September to February – Ongoing Monitoring and Review For the majority of the year, City staff will continue to monitor and report monthly water consumption and production. This information will be used when the Annual Assessment is initiated to prepare a year-to-year comparison of system-wide water demands for the purpose of projecting demands for the following year. 8.A.a Packet Pg. 248 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 4 City of Gilroy Water Shortage Contingency Plan March – Initiate WSCP Annual Assessment City staff will initiate the Annual Assessment process by gathering the collected demand and production data. Other relevant information includes but is not limited to the following:  Land Use/Planning: Changes in land use or number of building permits will be used in estimating the next year’s demands.  Hydrologic Year Review: The City’s wet year typically ends in April and rainfall information over the past year can be gathered and reviewed.  Climate Forecast: Any available climate projection information. The purpose of gathering this information will be to compare the various factors that affect water demand throughout the City’s service area. This comparison will guide the City’s projection for water demand in the upcoming year. April – Review Available Supply Information According to the Valley Water 2020 UWMP, a preliminary Annual Assessment will be completed by the month of April. City staff will review this document once available and use it as a basis for estimating the available supply in the upcoming year. If required, City staff will also prepare to initiate any water shortage response actions noted by Valley Water. May – City Council Review of Annual Assessment The draft of Annual Assessment will be presented to City Council for their information and discussion. If water shortage actions are recommended by the Annual Assessment, the City Council will be asked to begin the implementation of the recommended actions. June – Finalize Annual Assessment The Annual Assessment is finalized based on any feedback received during the City Council review process. July – Submit Annual Assessment The Annual Assessment will be submitted to DWR on or before July 1st. 3.2 Data and Methodologies This section describes the key data and methodologies used in the preparation of the Annual Assessment. This section also includes historical water supply information, historical and projected water demand, demand and projected water supply demand, which the city uses to evaluate their water supply reliability for a normal and a dry subsequent year. 8.A.a Packet Pg. 249 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 5 City of Gilroy Water Shortage Contingency Plan 3.2.1 Evaluation Criteria The primary criteria used in preparing the City’s Annual Assessment are the projected water demand and available supply. The available supply information will be based on a County-wide review of available water supplies prepared by Valley Water. The demand projections will be prepared using a combination of factors, including a comparison to historical demand, land use changes, building permits, and historical rainfall. The City will continue to review its Annual Assessment preparation process and additional criteria may be added if considered appropriate. 3.2.2 Water Supply The City currently relies on groundwater as the sole source of supply. There are more than 9 groundwater wells used by the City, each of which is monitored and has production reported on a monthly basis. These monthly production records will be used to characterize the City’s current water production requirement and compared to previous years to estimate production requirements for the upcoming year. As the Groundwater Sustainability Agency, Valley Water manages water supplies throughout Santa Clara County; this includes the Llagas Subbasin, which is used as the City’s source of supply. The water supply analysis prepared by Valley Water in preparation of their Annual Assessment will provide a critical basis for water supply assumptions, regarding available water supply volumes and any pumping restrictions required to be implemented if any. 3.2.3 Current Year Unconstrained Customer Demand Billed water consumption is reported on a monthly basis and will be used to characterize the current water consumption requirements for the City. The monthly records will be compared to corresponding months of the previous year to identify any significant changes in water use behavior throughout the City’s service area. In addition to consumption records, known recent developments or current building permits will enable City staff to estimate changes to water demand in the upcoming year. 3.2.4 Current Year Available Supply The Annual Assessment estimates the current year available supply for current hydrological conditions as well as a possible subsequent dry year. The supply estimate will be based on the Drought Risk Assessment supply estimation methodology documented in the 2020 UWMP and will also incorporate information from the Valley Water Annual Assessment. 3.2.5 Infrastructure Considerations The annual assessment will include a review of any ongoing capital projects that are expected to affect the demands and supply projections. Examples of such capital projects include water loss reductions, distribution expansion to serve growth, or new groundwater wells. The City is also in 8.A.a Packet Pg. 250 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 6 City of Gilroy Water Shortage Contingency Plan the process of updating the Water System Master Plan, which will identify any additional infrastructure considerations to be implemented within the City’s service area. Section 4 SIX STANDARD WATER SHORTAGE LEVELS Law The City recently adopted the DWR-recommended six standard water shortage levels, as documented in Table 4-1. Identifying the appropriate shortage level will be in accordance with the procedures outlined in Section 3 – Annual Water Supply and Demand Assessment Procedures. As an example, if the Annual Assessment determines a shortage of 22%, The City would be considered in a Severe Drought condition. With recommendations from City staff, the City Council has the authority to declare the appropriate conservation level considered necessary to manage the system demands and mitigate the water shortage. The City Council can also downgrade, upgrade, or terminate a shortage response level based on City staff recommendations. Table 4‐1 Water Shortage Levels 10632 (a)(1) Stages of action to be undertaken by the urban water supplier in response to water supply shortages, including up to a 50 percent reduction in water supply and an outline of specific water supply conditions which are applicable to each stage. 10632 (a)(3) (A) Six standard water shortage levels corresponding to progressive ranges of up to 10, 20, 30, 40, and 50 percent shortages and greater than 50 percent shortage. Urban water suppliers shall define these shortage levels based on the suppliers’ water supply conditions, including groundwater levels, changes in surface elevation or level of subsidence, or other changes in hydrological or other local conditions indicative of the water supply available for use. Shortage levels shall also apply to catastrophic interruption of water supplies, including but not limited to, a regional power outrage, an earthquake, and other potential emergency events. (B) An urban water supplier with an existing water shortage contingency plan that uses different water shortage levels may comply with the requirement in subparagraph (A) by developing and including a cross-reference relating its existing categories to the six standard water shortage 8.A.a Packet Pg. 251 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 7 City of Gilroy Water Shortage Contingency Plan The City’s groundwater supply is dependent on natural recharge from surface water runoff as well as additional recharge provided by Valley Water through raw water imports. In periods of drought, when less imported water is available to Valley Water for the purpose of recharging the groundwater basins they manage, Valley Water will call on water suppliers to reduce groundwater pumping to avoid basin overdraft and minimize subsidence. In order to reduce water consumption city-wide, the City has a water conservation ordinance that may be invoked to implement restrictions on water use. Currently, the City’s conservation ordinance describes permanent water use restrictions as well as a multiple-stage water rationing plan that can be invoked to adjust water use with shortage conditions. Each water rationing stage includes a water demand reduction percentage, which is to be applied to normal water demands. The plan is dependent on the cause, severity, and anticipated duration of the water shortage, and a combination of voluntary and mandatory water conservation measures, which can be put in place to reduce City-wide water usage. The water shortage stages are summarized on the following page in Table 4-2. Section 5 SHORTAGE RESPONSE ACTIONS Law Pursuant to the CWC 10632 (a) (4), this section documented the detailed shortage response actions which align with the shortage levels into different categories. 5.1 Demand Reduction There are a number of demand reduction measures urban water suppliers can implement as response actions to corresponded water shortage levels. Some of these may include watering and outdoor water usage prohibitions, water rate structure changes, public educations or water supply service adjustments. Other demand reduction actions such as infrastructure improvements or replacing, water-efficient assets are considered as long-term water demand reductions will not be listed in this water shortage contingency plan. Consumption reduction actions are methods taken by a water supplier to reduce demand within the service area, whereas prohibitions are specific limitations on water use; the City’s consumption reduction actions are summarized in Table 5-1. The permanent water use restrictions enforced year-round are also documented in the table. 10632 (a)(4) Shortage response actions that align with the defined shortage levels and include, at a minimum, all of the following: (A) Locally appropriate supply augmentation actions. (B) Locally appropriate demand reduction actions to adequately respond to shortages. (C) Locally appropriate operational changes (D) Additional, mandatory prohibitions against specific water use practices that are in addition to state-mandated prohibitions and appropriate to the local conditions. (E) For each action, an estimate of the extent to which the gap between supplies and demand will be reduced by implementation of the action. 8.A.a Packet Pg. 252 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 8 City of Gilroy Water Shortage Contingency Plan Table 4‐2 Water Shortage Contingency Plan Levels Shortage Level Percent Supply Shortage/ Reduction Gilroy Shortage Level Valley Water Shortage Level Title Water Supply Condition Level 0 None Normal Normal Permanent water conservation requirements are effective at all times Level 1 Up to 10% Alert Alert Water Supply Shortage exists when City Council determines and agrees that up to 10% consumer demand reduction is necessary to make more efficient use of water. Level 2 11 to 20% Significant Severe Water Supply Shortage exists when City Council determines and agrees that 11% ‐ 20% consumer demand reduction is necessary to make more efficient use of water. Level 3 21 to 30% Severe Critical Water Supply Shortage exists when City Council determines and agrees that 21% ‐ 30% consumer demand reduction is necessary to make more efficient use of water. Level 4 31 to 40% Critical Critical Water Supply Shortage exists when City Council determines and agrees that 31% ‐ 40% consumer demand reduction is necessary to make more efficient use of water. Level 5 41 to 50% Crisis Emergency Water Supply Shortage exists when City Council determines and agrees that 41% ‐ 50% consumer demand reduction is necessary to make more efficient use of water. Level 6 > 50% Emergency Emergency Water Supply Shortage is referred to as Water Shortage Emergency, and exists when City Council determines and agrees that a consumer demand reduction of greater than 50% is necessary to maintain public water supplies. 8.A.a Packet Pg. 253 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 9 City of Gilroy Water Shortage Contingency Plan Table 5‐1 Demand Reduction Actions Level Restrictions and Prohibitions on End Users Category Additional Explanation or Reference Penalty, Charge, or Other Enforcement? Level 0 (Year‐Round) CII ‐ Lodging establishment must offer opt out of linen service Encourage hotels, motels and other commercial lodging establishments to provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments are encouraged to prominently display notice of this option in each bathroom using clear and easily understood language. No Level 0 (Year‐Round) CII ‐ Restaurants may only serve water upon request Encourage eating or drinking establishments, including but not limited to a restaurant, hotel, cafe, cafeteria, bar, or other public places where food or drinks are sold, served, or offered for sale to provide drinking water to any person only when expressly requested. No Level 0 (Year‐Round) CII ‐ Commercial kitchens required to use pre‐rinse spray valves Encourage food preparation establishments, such as restaurants or cafes to use water conserving dish wash spray valves. No Level 0 (Year‐Round) Other Discourage installation of single pass cooling systems in buildings requesting new water service. No Level 0 (Year‐Round) Other Discourage installation of non‐recirculating water systems in new commercial conveyor car wash and new commercial laundry systems. No Level 0 (Year‐Round) Other Encourage all commercial conveyor car wash systems to install operational re‐circulating water systems. No Level 0 (Year‐Round) Other When directed by the Public Works Director, recycled water fill stations shall be made available for construction water for purposes, including No 8.A.aPacket Pg. 254Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 August 2021 10 City of Gilroy Water Shortage Contingency Plan Table 5‐1 Demand Reduction Actions Level Restrictions and Prohibitions on End Users Category Additional Explanation or Reference Penalty, Charge, or Other Enforcement? dust control. Recycled water fill stations may be removed upon completion of construction activities in the area. Level 0 (Year‐Round) Pools and Spas ‐ Require covers for pools and spas Recommend that all existing pools use a pool cover or solar blanket to reduce water loss due to evaporation. No Level 1 Landscape ‐ Limit landscape irrigation to specific days Limit watering or irrigating of lawn, landscape or other vegetated area with potable water to three days per week from April through October. The watering days are designated depending upon house address (odd house and no house address – Monday, Wednesday, and Friday, even house address – Tuesday, Thursday, and Saturday). This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand‐held bucket or similar container, a hand‐held hose equipped with a positive self‐closing water shut‐off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. Yes Level 1 Landscape ‐ Limit landscape irrigation to specific days Limit watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week during November through March (odd house and no house address – Monday, even house address – Tuesday). This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand‐held bucket or similar container, a hand‐held Yes 8.A.aPacket Pg. 255Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 August 2021 11 City of Gilroy Water Shortage Contingency Plan Table 5‐1 Demand Reduction Actions Level Restrictions and Prohibitions on End Users Category Additional Explanation or Reference Penalty, Charge, or Other Enforcement? hose equipped with a positive self‐closing water shut‐off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. Level 1 Pools and Spas ‐ Require covers for pools and spas Require all new pools to have a pool cover or solar blanket to reduce water loss through evaporation. Yes Level 1 Other ‐ Prohibit use of potable water for washing hard surfaces Prohibit washing down hard or paved surfaces, including but not limited to buildings, structures, sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys. Yes Level 1 Other ‐ Customers must repair leaks, breaks, and malfunctions in a timely manner Require leaks, breaks, or other malfunctions in the water user’s plumbing or distribution system to be repaired within seventy‐two (72) hours of notification by the city unless other arrangements are made with the city. Yes 8.A.aPacket Pg. 256Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 August 2021 12 City of Gilroy Water Shortage Contingency Plan Table 5‐1 Demand Reduction Actions Level Restrictions and Prohibitions on End Users Category Additional Explanation or Reference Penalty, Charge, or Other Enforcement? Level 1 Landscape ‐ Restrict or prohibit runoff from landscape irrigation Prohibit the application of water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non‐irrigated areas, private and public walkways, driveway, street, alley, gutter, ditch, parking lots, or structures. Yes Level 1 Water Features ‐ Restrict water use for decorative water features, such as fountains Prohibit the operating a water fountain or other decorative water feature that does not use recirculated water Yes Level 1 Other Prohibit using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not, except by use of a hand‐held bucket or similar container or a hand‐held hose equipped with a positive self‐closing water shut‐off nozzle or device. This subsection does not apply to any commercial car washing facility. Yes Level 1 CII ‐ Restaurants may only serve water upon request Prohibit eating or drinking establishments, including but not limited to a restaurant, hotel, cafe, cafeteria, bar, or other public places where food or drinks are sold, served, or offered for sale, from providing drinking water to any person unless expressly requested. Yes Level 1 CII ‐ Lodging establishment must offer opt out of linen service Require hotels, motels and other commercial lodging establishments to provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments must prominently display notice of this option in each bathroom using clear and easily understood language. Yes Level 1 Other Prohibit the installation of single pass cooling systems in buildings requesting new water service. Yes 8.A.aPacket Pg. 257Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 August 2021 13 City of Gilroy Water Shortage Contingency Plan Table 5‐1 Demand Reduction Actions Level Restrictions and Prohibitions on End Users Category Additional Explanation or Reference Penalty, Charge, or Other Enforcement? Level 1 Other Prohibit the installation of non‐re‐circulating water systems in new commercial conveyor car wash and new commercial laundry systems. Yes Level 1 CII ‐ Commercial kitchens required to use pre‐rinse spray valves Prohibit food preparation establishments, such as restaurants or cafes from using non‐water conserving dish wash spray valves. Yes Level 1 Other Require all commercial conveyor car wash systems to have installed operational re‐circulating water systems, or must have secured a waiver of this requirement from the city. Yes Level 1 Other When directed by the Public Works Director, recycled water fill stations shall be made available for construction water for purposes, including dust control. Recycled water fill stations may be removed upon completion of construction activities in the area. Yes Level 1 Other water feature or swimming pool restriction Refilling of existing private pools is prohibited, except to maintain water levels, unless the pool is in eminent danger of failure. Yes Level 2 Landscape ‐ Limit landscape irrigation to specific days Limit watering or irrigating of lawn, landscape or other vegetated area with potable water to two days per week from April through October. The watering days are designated depending upon house address (odd house and no house address – Wednesday and Sunday, even house address – Tuesday and Saturday). This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand‐held bucket or similar container, a hand‐held hose equipped with a positive self‐closing water shut‐off nozzle or device, Yes 8.A.aPacket Pg. 258Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 August 2021 14 City of Gilroy Water Shortage Contingency Plan Table 5‐1 Demand Reduction Actions Level Restrictions and Prohibitions on End Users Category Additional Explanation or Reference Penalty, Charge, or Other Enforcement? or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. Level 2 Landscape ‐ Limit landscape irrigation to specific days Limit watering or irrigating lawn, landscape or other vegetated area with potable water is limited to no more than one day per week during November through March (odd house and no house address – Monday, even house address – Tuesday). This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand‐held bucket or similar container, a hand‐held hose equipped with a positive self‐closing water shut‐off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. Yes Level 3 Water Features ‐ Restrict water use for decorative water features, such as fountains Prohibit filling or re‐filling ornamental lakes or ponds with potable water, except to the extent needed to sustain aquatic life, provided that such animals are of significant value and have been actively managed within the water feature prior to declaration of a supply shortage level under this section. Yes Level 3 Other ‐ Customers must repair leaks, breaks, and malfunctions in a timely manner Require all leaks, breaks, or other malfunctions in the water user’s plumbing or distribution system to be repaired within forty‐eight (48) hours of notification by the city unless other arrangements are made with the city Yes Level 3 Other City Council may consider adopting rate structures and other pricing mechanisms to maximize water conservation. Yes 8.A.aPacket Pg. 259Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 August 2021 15 City of Gilroy Water Shortage Contingency Plan Table 5‐1 Demand Reduction Actions Level Restrictions and Prohibitions on End Users Category Additional Explanation or Reference Penalty, Charge, or Other Enforcement? Level 3 Landscape ‐ Other landscape restriction or prohibition Prohibit the applications of potable water to outdoor landscapes during and within 48 hours following measurable rainfall. Yes Level 4 Landscape ‐ Other landscape restriction or prohibition Prohibit the irrigation with potable water outside of newly constructed homes and buildings in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission. Yes Level 4 Landscape ‐ Other landscape restriction or prohibition Prohibit the irrigation with potable water or ornamental turf on public street medians, including roundabouts. Yes Level 4 Landscape ‐ Prohibit all landscape irrigation Prohibit watering or irrigating of lawn, landscape or other vegetated area with potable water. This restriction does not apply to the following categories of use, unless the city has determined that recycled water is available and may be applied to the use: (a) Maintenance of vegetation, including trees and shrubs, that are watered using a hand‐held bucket or similar container, hand‐held hose equipped with a positive self–closing water shut‐off nozzle or device; (b) Maintenance of existing landscape necessary for fire protection; (c) Maintenance of existing landscape for soil erosion control; (d) Maintenance of plant materials identified to be rare or essential to the well‐being of protected species; (e) Maintenance of landscape within active public parks and playing fields, day care centers, golf course greens, and school grounds, provided that such irrigation does not exceed two (2) days per week for no more than fifteen (15) minutes watering per designated water day per station Yes 8.A.aPacket Pg. 260Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 August 2021 16 City of Gilroy Water Shortage Contingency Plan Table 5‐1 Demand Reduction Actions Level Restrictions and Prohibitions on End Users Category Additional Explanation or Reference Penalty, Charge, or Other Enforcement? and is prohibited between the hours of 9:00 a.m. and 5:00 p.m. Pacific Standard/Daylight Savings Time. (f) Actively irrigated environmental mitigation projects. Level 4 Other ‐ Customers must repair leaks, breaks, and malfunctions in a timely manner Require all leaks, breaks, or other malfunctions in the water user’s plumbing or distribution system to be repaired within twenty‐four (24) hours of notification by the city unless other arrangements are made with the city. Yes Level 5 Other The city may limit the issuance of new potable water services, temporary meters and/or statements of immediate ability to serve or provide potable water service (such as, can and will‐serve letters, certificates, or letters of availability), except under the following circumstances: (a) A valid, unexpired building permit has been issued for the project; or (b) The project is necessary to protect the public health, safety, and welfare; or (c) The applicant provides substantial evidence of an enforceable commitment that water demands for the project will be offset prior to the provision of a new water meter(s) to the satisfaction of the city. (d) This provision does not preclude the resetting or turn‐on of meters to provide continuation of water service or the restoration of service that has been interrupted for a period of one year or less." Yes Level 6 Other Upon declaration of a Level 6 Water Supply Shortage Emergency condition, the City Administrator is authorized to implement a program in his or her discretion to limit or withhold the issuance of building permits which require new or expanded water service, except to protect the Yes 8.A.aPacket Pg. 261Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 August 2021 17 City of Gilroy Water Shortage Contingency Plan Table 5‐1 Demand Reduction Actions Level Restrictions and Prohibitions on End Users Category Additional Explanation or Reference Penalty, Charge, or Other Enforcement? public health, safety and welfare, or in cases which meet the city’s adopted conservation offset requirements. Level 6 Other Upon the declaration of a Level 6 Water Supply Shortage condition, the city may suspend consideration of annexations to its service area. This subsection does not apply to boundary corrections and annexations that will not result in any immediate increased use of water. Yes 8.A.aPacket Pg. 262Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 August 2021 16 City of Gilroy Water Shortage Contingency Plan 5.2 Supply Augmentation As noted in previous sections, groundwater is the City’s sole source of supply and there are no known opportunities for water supply augmentation through actions such as exchanges, transfers, or purchase programs. Therefore, supply augmentation actions are excluded from the City’s Water Shortage Contingency Plan at this time. 5.3 Operation Changes During a water shortage, changes to water system operations may be considered. These operational changes may include improving water usage consumption and tracking, changes to fire hydrant testing frequencies, alteration in maintenance cycles, and expedited water leak repairs. 5.4 Additional Mandatory Restrictions Additional mandatory restrictions have been reported in a previous section. 5.5 Emergency Response Plan During an imminent or emergency-related shortage, the City Manager will activate a water shortage response team. This team will include: public utilities, water, fire, planning, health, emergency services, and the Mayor’s office. Other actions and procedures that are to follow a catastrophic event will be developed by this team. 5.6 Seismic Risk Assessment and Mitigation Plan Law In addition to the emergency response plan described in a previous section the California Water Code now requires urban water suppliers to document a locally appropriate multi-hazard mitigation plan, as developed under the federal Disaster Mitigation Act of 2000, that includes documentation of seismic risk assessment. Valley Water, previously Santa Clara Valley Water District, developed such a hazard mitigation plan in October 2017. The City’s service area is included in the boundaries reviewed as part of this mitigation plan. 10632.5 (a) In addition to the requirements of paragraph (3) of subdivision (a) of Section 10632, beginning January 1, 2020, the plan shall include a seismic risk assessment and mitigation plan to assess the vulnerability of each of the various facilities of a water system and mitigate those vulnerabilities. (b) An urban water supplier shall update the seismic risk assessment and mitigation plan when updating its urban water management plan as required by Section 10621. (c) An urban water supplier may comply with this section by submitting, pursuant to Section 10644, a copy of the most recent adopted local hazard mitigation plan or multi- hazard mitigation plan under the federal Disaster Mitigation Act of 2000 (Public Law 106-390) if the local hazard mitigation plan or multi-hazard mitigation plan addresses seismic risk. 8.A.a Packet Pg. 263 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 17 City of Gilroy Water Shortage Contingency Plan 5.7 Shortage Response Action Effectiveness In addition to documenting demand reduction actions the 2020 WSCP also estimates the effectiveness of these actions on reduce system-wide demand. The City records water consumption and production on a monthly basis and this data can be used to estimate the effect of any demand reduction actions implemented. Most recently, during the 2012-2016 drought, the City entered Water Shortage Level 2 for several summer months of 2015. This included the implementation of multiple demand reduction actions described in a previous section. Based on a comparison of historical monthly production data, it is estimated that the system-wide water use was 10%-20% lower for the duration of the Level 2 Water Shortage as compared to other years. As the City implements the WSCP, ongoing review of changes in monthly production will enable City staff to review the effectiveness of the demand reduction actions and prohibitions. Section 6 COMMUNICATION PROTOCOLS Law When the City identifies the need for short-term water use reductions as directed by the Water Shortage Contingency Plan or Annual Assessment, clear and effective communication will be critical to achieve the necessary demand reductions. Methods of public notification include newspaper publications, bill inserts, City website announcements, social media posts, and press releases or informational campaigns. These public notification methods would be implemented in the event of a Level 2 Water Shortage and would increase in frequency with increasing water shortage levels. Section 7 COMPLIANCE AND ENFORCEMENT Law Customers who violate the provisions noted in the water code for water shortage conditions shall receive the following: 10632 (a)(5) Communication protocols and procedures to inform customers, the public, interested parties, and local, regional, and state governments, regarding, at a minimum, and of the following: (A) Any current or predicted shortages as determined by the annual water supply and demand assessment described pursuant to Section 10632.1. (B) Any shortage response actions triggered or anticipated to be triggered by the annual water supply and demand assessment described pursuant to Section 10632.1. (C) Any other relevant communications. 10632 (a) (6) For an urban retail water supplier, customer compliance, enforcement, appeal, and exemption procedures for triggered shortage response actions as determined pursuant to Section 10632.2. 8.A.a Packet Pg. 264 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 18 City of Gilroy Water Shortage Contingency Plan  One written notice of the violation from Public Works Department personnel or police department.  A second violation within any consecutive 12 month period is punishable by a fine not to exceed one hundred dollars.  A third violation within any consecutive 12 month period is punishable by a fine not to exceed two hundred dollars.  Any subsequent violation within any consecutive 12 month period is punishable by a fine not to exceed five hundred dollars.  In addition to fines, the City, after written notice, may install a flow restrictor or discontinue service to consumers who violate provisions of this section. Section 8 LEGAL AUTHORITIES Law This City has the legal authority to implement and enforce its water shortage response actions and relative penalties, water charge adjustments, and water service alteration or prohibition. City Ordinance 2015-04, which amended the water supply shortage regulations for the City in May 2015, documents the demand reduction measures as well as enforcement protocols. 10632 (a) (7) (A) A description of the legal authorities that empower the urban water supplier to implement and enforce its shortage response actions specified in paragraph (4) that may include, but are not limited to, statutory authorities, ordinances, resolutions, and contract provisions. (B) A statement that an urban water supplier shall declare a water shortage emergency in accordance with Chapter 3 (commencing with Section 350) of Division 1. [see below] (C) A statement that an urban water supplier shall coordinate with any city or county within which it provides water supply services for the possible proclamation of a local emergency, as defined in Section 8558 of the Government Code. Water Code Section Division 1, Section 350 Declaration of water shortage emergency condition. The governing body of a distributor of a public water supply, whether publicly or privately owned and including a mutual water company, shall declare a water shortage emergency condition to prevail within the area served by such distributor whenever it finds and determines that the ordinary demands and requirements of water consumers cannot be satisfied without depleting the water supply of the distributor to the extent that there would be insufficient water for human consumption, sanitation, and fire protection. 8.A.a Packet Pg. 265 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 19 City of Gilroy Water Shortage Contingency Plan Section 9 FINANCIAL CONSEQUENCES OF WSCP ACTIVATION Law For most water suppliers, operating costs are fixed rather than variable based on the quantity of water sold. As a result, when conservation programs are implemented, it often becomes necessary to increase water rates. This is based on lower income because of lower total consumption and fixed revenue requirements. To counteract this, reduction in the form of reducing peak demands can delay the need to develop new costly water sources. The City’s Water Fund (Fund 720) allows for a small emergency fund cash reserve. Capital improvement projects within Fund 720 may be deferred to help offset revenue problems if necessary. The City also maintains Fund 436, which is the Water Development Fund, to help fund capital improvement projects related to new developments. In the event of an emergency, General Fund reserves may be used. However, a Water Shortage Emergency Fund may be considered by the City in order to mitigate potential impacts from a water shortage. In addition, this fund will help to stabilize water rates during times of shortage, and any water revenue surplus collected as a result of the shortage rate adjustments will be used to replenish the Water Shortage Emergency Fund. The City has implemented a water rate structure that has successfully reduced water demand. The City’s current water rate structure consists of a fixed monthly charge dependent on meter size, and a tiered volumetric rate based on water consumption and elevation zone. The first tier of the rate structure generally represents the average cost of water, and during a water shortage, residents should aim to be in the first tier. The second tier is for conservation rates and is set higher than the previous rate, thus providing incentive to the user to lower water usage. The following measures, also shown on Table 9-1, may be implemented in the more restrictive water shortage levels to offset the reduced revenue.  Increase the unit rate for all tiers by a fixed percentage.  Increase the unit rate for all tiers except the lowest residential tier (Lifeline Tier) by a percentage, which might be the same for all tiers or larger increases for higher tiers. 10632 (a) (8) A description of the financial consequences of, and responses for, drought conditions, including, but not limited to, all of the following: (A) A description of potential revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4). (B) A description of mitigation actions needed to address revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4). (C) A description of the cost of compliance with Chapter 3.3 (commencing with Section 365) of Division 1. [retail urban suppliers only] 8.A.a Packet Pg. 266 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 20 City of Gilroy Water Shortage Contingency Plan  Impose a temporary drought surcharge on each account based on meter size.  Impose excessive penalties for water use over a specific amount.  Impose a peaking charge based on the highest billed monthly water use from the previous year. If at any time, Valley Water institutes a tiered pump tax structure, City may increase in water rates, drought surcharges, and/or excess use penalties based on tiered Valley Water’s rate structure. An excess water use surcharge may be imposed in order to encourage compliance with the water shortage level 4 to level 6 conditions, if the customer water allotment is exceeded. The excess water surcharge applies only to the water bill and does not correspond to the water use prohibitions. 8.A.a Packet Pg. 267 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 21 City of Gilroy Water Shortage Contingency Plan Table 9‐1 Financial Consequences of WSCP Stage Supply Reduction Potential Mitigation Actions 4-6 > 30% Increase the unit rate for all tiers by a fixed percentage. 4-6 > 30% Increase the unit rate for all tiers except the lowest residential tier (Lifeline Tier) by a percentage, which might be the same for all tiers or larger increases for higher tiers. 4-6 > 30% Impose a temporary drought surcharge on each account based on meter size. 4-6 > 30% Impose excessive penalties for water use over a specific amount. 4-6 > 30% Impose a peaking charge based on the highest billed monthly water use from the previous year. Section 10 MONITORING AND REPORTING Law Monitoring and reporting as part of the Water Shortage Contingency Plan and Annual Assessment will be based on the metered production and consumption data. Ongoing review of this information, and comparisons to historical data for similar months, will enable the City to monitor the effectiveness of the WSCP measures. Additionally, due to implemented shortage response actions and water shortage levels, the City’s Water Department may increase the frequency of reading meters in order to collect, track, and analyze water use. 10632 (a) (9) For an urban retail water supplier, monitoring and reporting requirements and procedures that ensure appropriate data is collected, tracked, and analyzed for purposes of monitoring customer compliance and to meet state reporting requirements. 8.A.a Packet Pg. 268 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 22 City of Gilroy Water Shortage Contingency Plan Section 11 WSCP REFINEMENT PROCEDURES Law While the WSCP is a standalone document adopted separately from the 2020 UWMP it should be considered a dynamic planning tool and be subject to ongoing refinement efforts as necessary. Following the declaration of a water shortage and implementation of the WSCP, the monitoring and reporting steps described in a previous section will provide valuable insight into the effectiveness of the WSCP. City staff will evaluate the effectiveness of communication protocols, demand reduction actions, operational changes, or financial consequence mitigation. If this review reveals opportunities for procedural refinements or new WSCP actions, City staff may elect to incorporate these items into an amended version of the WSCP. Section 12 SPECIAL WATER FEATURE DISTINCTION Law The California Water Code requires urban water suppliers to distinguish between water features that are artificially supplied with water as opposed to swimming pools and spas. The City’s current demand reduction actions include this distinction, as documented in a previous section. Section 13 PLAN ADOPTION, SUBMITTAL, AND AVAILABILITY Law The WSCP adoption and submittal process, as well as the public availability, are the same as those for the City’s UWMP. However, the WSCP may be periodically amended independently from the City’s UWMP. Should an amendment to the WSCP be implemented, stakeholder and public notification methods consistent with the UWMP will be performed prior to adoption of the amended plan. 10632 (a) (10) Reevaluation and improvement procedures for systematically monitoring and evaluating the functionality of the water shortage contingency plan in order to ensure shortage risk tolerance is adequate and appropriate water shortage mitigation strategies are implemented as needed 10632 (b) For purposes of developing the water shortage contingency plan pursuant to subdivision (a), an urban water supplier shall analyze and define water features that are artificially supplied with water, including ponds, lakes, waterfalls, and fountains, separately from swimming pools and spas, as defined in subdivision (a) of Section 115921 of the Health and Safety Code. 10632 (c) The urban water supplier shall make available the water shortage contingency plan prepared pursuant to this article to its customers and any city or county within which it provides water supplies no later than 30 days after adoption of the water shortage contingency plan. 8.A.a Packet Pg. 269 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 11-6 City of Gilroy 2020 Urban Water Management Plan City of Gilroy APPENDIX E Urban Water Management Plan Adoption Resolution and Notifications 8.A.a Packet Pg. 270 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 August 2021 11-7 City of Gilroy 2020 Urban Water Management Plan City of Gilroy APPENDIX F Amended Water Supply Shortage Regulations 8.A.a Packet Pg. 271 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 ORDINANCE NO. 2015-04 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING CHAPTER 21, ARTICLE VI, ENTITLED -WATER SUPPLY SHORTAGE REGULATIONS." WHEREAS, the Governor of the State of California proclaimed a drought emergency on January 17, 2014 based on the State's water supply storage and outlook; and WHEREAS, on April 25, 2014 the Governor of the State of California proclaimed a Continued State of Emergency to exist throughout the State of California due to the ongoing drought; and WHEREAS, on April 1, 2015 the Governor of the State of California issued executive order B -29 -15 that imposed mandatory water saving measures with a goal to reduce water usage by 25% statewide.; and WHEREAS, on March 17, 2015, the State Water Resources Control Board Expanded and Extended the Emergency Water Conservation Regulations on prohibitions on potable water use, first adopted in 2014, which will continue, and new prohibitions will go into effect. Urban water suppliers must now limit the number of days per week that customers can irrigate outdoors. The limit must either be specified in their drought contingency plans; or if their plan contains no specific limit, irrigation is limited to no more than two days per week. All Californian's are now prohibited from washing down sidewalks and driveways; watering outdoor landscapes in a manner that causes excess runoff; washing a motor vehicle with a hose, unless the hose is fitted with a shut -off nozzle; operating a fountain or decorative water feature, unless the water is part of a recirculating system; and irrigating turf or ornamental landscapes during and 48 hours following measurable precipitation. Furthermore, restaurants and other food service establishments can only serve water to customers on request; and operators of hotels and motels must provide guests with the option of choosing not to have towels and linens laundered daily and prominently display notice of this option.; and WHEREAS, on May 5, 2015, the State Water Resources Control Board adopted 25% Mandatory Water Conservation Regulations, reaffirming and clarifying the Governor's executive order B- 29 -15; and WHEREAS, on March 24, 2015, the Santa Clara Valley Water District passed a resolution calling for a water use reduction target of 30 %, and a restriction on irrigating outdoor landscapes and lawns with potable water to two days per week; and WHEREAS, a water supply shortage exists due to drought and an 21 - 35% consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions; and 4824- 9601- 9747v1 ORDINANCE NO. 2015-04JFR04706091 8.A.a Packet Pg. 272 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 2 WHEREAS, the underground water aquifers that the City relies on for 100% of its water supply are recharged by the District using water supplies imported into the District; and WHEREAS, the District's imported water supply allocations have been significantly reduced for 2014 and 2015 by the State and Federal government water systems; and WHEREAS, On February 27, 2015, the U.S. Bureau of Reclamation announced that the Santa Clara Valley Water District's initial agricultural allocation is at zero, and initial municipal and industrial allocation is only 25 percent of historic use; and WHEREAS, historical evidence indicates that the State of California has experienced prolonged periods of drought in the past; and WHEREAS, wasteful use of water is detrimental to the long -term water supplies of the City of Gilroy; and WHEREAS, the long -term health, safety, and prosperity of the community depends upon having a reliable long -term supply of potable water; and WHEREAS, in the 8 -month period following the declaration of a Level 1 Water Shortage Emergency by Council on August 4, 2014, a 13.6% reduction in water use has been achieved compared to the same period of the 2013 base year, which is short of the 20% reduction goal; and WHEREAS, the California Water Resources Control Board adopted Article X. Prohibition of Activities and Mandatory Actions During _Drought Emergency at its July 15, 2014 meeting, which became effective August 1, 2014, whose section X.1 prohibits certain activities in promotion of water conservation as follows: a) To promote water conservation, each of the following actions is prohibited, except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a state or federal agency; 1) The application of 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 to wash an automobile, 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 water to any hard surface, including but not limited to driveways, sidewalks, and asphalt; and 4) The use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system. b) The taking of any action prohibited in subdivision (a) of this section is an infraction, punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs; and 4824 - 9601- 9747v1 ORDINANCE NO. 2015-04JH104706091 8.A.a Packet Pg. 273 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 WHEREAS, urban water suppliers that violate mandatory actions approved by the California Water Resources Control Board could be subject to cease and desist orders for violating emergency regulations with fines up to $10,000 per day per violation. Or, the matter could be referred to the Attorney General's office for further action.; and WHEREAS, The California Water Code, § 10632 requires that stages of action to be undertaken by the urban water supplier in response to water supply shortages, including up to a 50 percent reduction in water supply.; and WHEREAS, the City finds that this Ordinance and actions taken hereafter pursuant to it 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). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN: SECTION I Gilroy City Code Chapter 27, Article VI, Section 27.95 h. is hereby amended to read as follows: h. The Governor of California has proclaimed a statewide drought and issued an Executive Order, calling for a 24% reduction in water use compared to 2013, which takes immediate action to address a dire situation where numerous California communities are being forced to mandate water conservation or rationing. The lack of water has created other problems, such as extreme fire danger due to dry conditions, economic harm to urban and rural communities, loss of crops and the potential to degrade water quality in some regions. As well, the Santa Clara Valley Water District Board of Directors has called for an immediate 30% reduction in water use to assure we have enough water to endure the current drought." SECTION H Gilroy City Code Chapter 27, Article VI, Section 27.97 e. is hereby amended to read as follows: e. "Public Works Director" means the Director of Public Works Department of the city, and any act in this Article required or authorized to be done by the Public Works Director, may be done on behalf of the Public Works Director by an authorized officer or employee of the Public Works Department." SECTION III Section IVGilroy City Code Chapter 27, Article VI, Section 27.98 is hereby repealed in its entirety and replaced by a new Section 27.98 to read as follows: JK470609747v1 ORDINANCE NO. 2015 -04JH104706091 8.A.a Packet Pg. 274 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 4 Section 27.98 Wasting of water and drought emergencies. A. Applicability 1. The provisions of this Article apply to any person in the use of any potable water provided by the city. 2. The provisions of this Article do not apply to uses of water necessary to protect public health and safety or for essential government services, such as police, fire and other similar emergency services. 3. The provisions of this Article do not apply to the use of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops or other vegetation intended for commercial sale. 4. This Article is intended solely to further the conservation of water. It is not intended to implement any provision of federal, state, or local statutes, resolutions, or regulations relating to protection of water quality or control of drainage or runoff. B. Saving Water — Level 0 (0% - 10% reduction). The following voluntary water conservation measures are encouraged at all times. Following these measures will help save water, and water users are encouraged to save water year around. 0.1 Recommended Watering Hours: Watering or irrigating of lawn, landscape or other vegetated area with potable water is discouraged between the hours of 9:00 a.m. and 5:00 p.m. Pacific Standard/Daylight Savings Time. 0.2 Recommended Limit on Watering Duration: Watering or irrigating of lawn, landscape or other vegetated area with potable water using a landscape irrigation system or a watering device that is not continuously attended is recommended to be limited to no more than three days a week with a duration of fifteen (15) minutes watering per water day per station. This subsection does not apply to landscape irrigation systems that exclusively use very low - flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard. The use of recycled water is exempt from this prohibition. 0.3 Eliminate Excessive Water Flow or Runoff: Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is strongly discouraged. 0.4 Discourage Washing Down Hard or Paved Surfaces: Washing down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is discouraged except by use of a hand -held bucket or similar container, a hand -held hose equipped with a positive self - closing water shut -off device, a low - volume, high- pressure cleaning machine equipped to recycle any water used, or a low- volume high- pressure water broom. 4824 - 9601- 9747Yi ORDINANCE NO. 2015-04JH104706091 8.A.a Packet Pg. 275 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 0.5 Fix Leaks, Breaks or Malfunctions: Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered and corrected are encouraged to be corrected as soon as practical. 0.6 Recirculating Water for Water Fountains and Decorative Water Features: Operating a water fountain or other decorative water features that uses recirculated water is encouraged. 0.7 Washing Vehicles: Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not is discouraged, except by use of a hand -held bucket or similar container or a hand -held hose equipped with a positive self - closing water shut -off nozzle or device. Washing vehicles at commercial conveyor car wash systems with re- circulating water systems is recommended. 0.8 Drinking Water Served Upon Request: Eating or drinking establishments, including but not limited to a restaurant, hotel, cafe, cafeteria, bar, or other public place where food or drinks are sold, served, or offered for sale, are encouraged to providing drinking water to any person only when expressly requested. 0.9 Commercial Lodging Establishments Encouraged to Provide Guests Option to Decline Daily Linen Services: Hotels, motels and other commercial lodging establishments are encouraged to provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments are encouraged to prominently display notice of this option in each bathroom using clear and easily understood language. 0.10 Installation of Single Pass Cooling Systems: Installation of single pass cooling systems is discouraged in buildings requesting new water service. 0.11 Installation of Non - recirculating Water System in Commercial Car Wash and Laundry Systems: Installation of non - recirculating water systems is discouraged in new commercial conveyor car wash and new commercial laundry systems. 0.12 Restaurants Encouraged to Use Water Conserving Dish Wash Spray Valves: Food preparation establishments, such as restaurants or cafes, are encouraged to use water conserving dish wash spray valves. 0.13 Commercial Car Wash Systems: All commercial conveyor car wash systems are encouraged to install operational re- circulating water systems. 0.14 When directed by the Public Works Director, recycled water fill stations shall be made available for construction water for purposes, including dust control. Recycled water fill stations may be removed upon completion of construction activities in the area. 0.15 Pool Covers: It is recommended that all existing pools use a pool cover or solar blanket to reduce water loss due to evaporation. 4824 - 9801 -97470 ORDINANCE NO. 2015 -04JHW7MI 8.A.a Packet Pg. 276 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 C C. Level 1 Water Supply Shortage (11% - 20% reduction): A Level 1 Water Supply Shortage exists when the City Council determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and an 11% 20% consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by of the City Council of a Level 1 Water Supply Shortage condition, the following mandatory water conservation requirements shall apply during such time that the Level 1 Water Supply Shortage is in effect. 1.1 Limits on Watering Hours: Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 9:00 a.m. and 5 :00 p.m. Pacific Standard/Daylight Savings Time on any day, except by use of a hand -held bucket or similar container, a hand -held hose equipped with a positive self - closing water shut -off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. The use of recycled water is exempt from this prohibition. 1.2 Limit on Watering Duration: Watering or irrigating of lawn, landscape or other vegetated area with potable water using a landscape irrigation system or a watering device that is not continuously attended is limited to no more than fifteen (15) minutes watering per designated water day per station. This subsection does not apply to landscape irrigation systems that exclusively use very low -flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard. The use of recycled water is exempt from this prohibition. 1.3 Limits on Watering Days: Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to three days per week from April through October. The watering days are designated depending upon house address (odd house and no house address — Monday, Wednesday, and Friday, even house address — Tuesday, Thursday, and Saturday). During the months of November through March, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week odd house and no house address — Monday, even house address — Tuesday). This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand -held bucket or similar container, a hand -held hose equipped with a positive self - closing water shut -off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. 1.4 No Excessive Water Flow or Runoff. The application of water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non- irrigated areas, private and public walkways, driveway, street, alley, gutter, ditch, parking lots, or structures is prohibited. 1.5 No Washing Down Hard or Paved Surfaces: Washing down hard or paved surfaces, including but not limited to buildings, structures, sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited. 4824- 9601- 9747v1 ORDINANCE NO. 2015-04JH104706091 8.A.a Packet Pg. 277 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 7 1.6 Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within seventy -two (72) hours of notification by the city unless other arrangements are made with the city. 1.7 Recirculating Water Required for Water Fountains and Decorative Water Features: Operating a water fountain or other decorative water feature that does not use recirculated water is prohibited. 1.8 Limits on Washing Vehicles: Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not is prohibited, except by use of a hand -held bucket or similar container or a hand -held hose equipped with a positive self - closing water shut -off nozzle or device. This subsection does not apply to any commercial car washing facility. 1.9 Drinking Water Served Upon Request Only: Eating or drinking establishments, including but not limited to a restaurant, hotel, cafe, cafeteria, bar, or other public place where food or drinks are sold, served, or offered for sale, are prohibited from providing drinking water to any person unless expressly requested. 1.10 Commercial Lodging Establishments Must Provide Guests Option to Decline Daily Linen Services: Hotels, motels and other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments must prominently display notice of this option in each bathroom using clear and easily understood language. 1.11 No Installation of Single Pass Cooling Systems: Installation of single pass cooling systems is prohibited in buildings requesting new water service. 1.12 No Installation of Non -re- circulating in Commercial Car Wash and Laundry Systems: Installation of non -re- circulating water systems is prohibited in new commercial conveyor car wash and new commercial laundry systems. 1.13 Restaurants Required to Use Water Conserving Dish Wash Spray Valves: Food preparation establishments, such as restaurants or cafes, are prohibited from using non -water conserving dish wash spray valves. 1.14 Commercial Car Wash Systems: Within one year of passage of this Ordinance, all commercial conveyor car wash systems must have installed operational re- circulating water systems, or must have secured a waiver of this requirement from the city. 1.15 Use of Recycled Water for Construction: When directed by the Public Works Director, recycled water fill stations shall be made available for construction water for purposes, including dust control. Recycled water fill stations may be removed upon completion of construction activities in the area. 4824 - 9601- 9747v1 ORDINANCE NO. 2015-04JH104706091 8.A.a Packet Pg. 278 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 E:3 1.16 Pool Covers and Refilling of Existing Pools: All new pools shall be required to have a pool cover or solar blanket to reduce water loss through evaporation. Refilling of existing private pools is prohibited, except to maintain water levels, unless the pool is in imminent danger of failure. D. Level 2 Water Supply Shortage (21% - 35% reduction): A Level 2 Water Supply Shortage exists when the city council declares, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a 21% - 35% consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration of a Level 2 Water Supply Shortage condition, the more restrictive of the prohibited or limited uses of water set forth in subsections C, and the following mandatory water conservation requirements shall apply during such time that the Level 2 Water Supply Shortage is in effect. 2.1 Limits on Watering Days: Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to two days per week from April through October. The watering days are designated depending upon house address (odd house and no house address — Monday and Thursday, even house address — Tuesday, and Friday). During the months of November through March, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week (odd house and no house address — Monday, even house address — Tuesday). This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand -held bucket or similar container, a hand -held hose equipped with a positive self - closing water shut -off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. Use of recycled water for irrigation is exempt from these restrictions. 2.2 Irrigating Within 48 Hours of Rainfall: The applications of potable water to outdoor landscapes during and within 48 hours following measurable rainfall is prohibited. 2.3 Irrigation Outside Newly Constructed Homes: The irrigation with potable water outside of newly constructed homes and buildings in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission is prohibited. 2.4 Prohibition Against Watering Turf in Medians: The irrigation with potable water or ornamental turf on public street medians, including roundabouts is prohibited. 2.5 Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within forty- eight (48) hours of notification by the city unless other arrangements are made with the city. 2.6 Limits on Filling Ornamental Lakes or Ponds: Filling or re- filling ornamental lakes or ponds with potable water is prohibited, except to the extent needed to sustain aquatic 4824- 9601- 9747v1 ORDINANCE NO. 2015-04JH104706091 8.A.a Packet Pg. 279 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 6 life, provided that such animals are of significant value and have been actively managed within the water feature prior to declaration of a supply shortage level under this section. 2.7 Drought Water Rates: City Council may consider adopting rate structures and other pricing mechanisms to maximize water conservation. E. Level 3 Water Supply Shortage — Emergency Condition (36% 50% reduction): A Level 3 Water Supply Shortage shall be referred to as a Water Shortage Emergency. A Level 3 condition exists when the city council declares, in its sole discretion, a water shortage emergency and notifies its residents and businesses that a greater than 35% reduction in consumer demand is necessary to maintain sufficient water supplies for public health and safety, pursuant to Water Code Section 350 et seq. Upon the declaration of a Level 3 Water Supply Shortage condition, the more restrictive of the prohibited or limited uses of water set forth in subsections C, D, and the following mandatory water conservation requirements shall apply during such time that the Level 3 Water Supply Shortage is in effect. 3.1 No Watering or Irrigating. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited. This restriction does not apply to the following categories of use, unless the city has determined that recycled water is available and may be applied to the use: 3.1 a Maintenance of vegetation, including trees and shrubs, that are watered using a hand -held bucket or similar container, hand -held hose equipped with a positive self - closing water shut -off nozzle or device; 3.1b Maintenance of existing landscape necessary for fire protection; 3.1 c Maintenance of existing landscape for soil erosion control; 3.1 d Maintenance of plant materials identified to be rare or essential to the well- being of protected species; 3.1 a Maintenance of landscape within active public parks and playing fields, day care centers, golf course greens, and school grounds, provided that such irrigation does not exceed two (2) days per week for no more than fifteen (15) minutes watering per designated water day per station and is prohibited between the hours of 9:00 a.m. and 5:00 p.m. Pacific Standard/Daylight Savings Time, according to the schedule established in subsection D(2.1) or this section. 3.1f Actively irrigated environmental mitigation projects. 3.2 Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within twenty four (24) hours of notification by the city unless other arrangements are made with the city. 3.3 Limits on New Potable Water Service: Upon declaration of a Level 3 Water Shortage Emergency condition, the city may limit the issuance of new potable water services, temporary meters and/or statements of immediate ability to serve or provide potable water service (such as, can and will -serve letters, certificates, or letters of availability), except under the following circumstances: 3.3a A valid, unexpired building permit has been issued for the project; or 4824 - 9601- 9747v1 ORDINANCE NO. 2015-04M04706091 8.A.a Packet Pg. 280 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 T 3.3b The project is necessary to protect the public health, safety, and welfare; or 3.3c The applicant provides substantial evidence of an enforceable commitment that water demands for the project will be offset prior to the provision of a new water meter(s) to the satisfaction of the city. 3.3d This provision does not preclude the resetting or turn -on of meters to provide continuation of water service or the restoration of service that has been interrupted for a period of one year or less. 3.4 Limits on Building Permits. Upon declaration of a Level 3 Water Supply Shortage Emergency condition, the City Administrator is authorized to implement a program in his or her discretion to limit or withhold the issuance of building permits which require new or expanded water service, except to protect the public health, safety and welfare, or in cases which meet the city's adopted conservation offset requirements. 3.5 No New Annexations. Upon the declaration of a Level 3 Water Supply Shortage condition, the city may suspend consideration of annexations to its service area. This subsection does not apply to boundary corrections and annexations that will not result in any immediate increased use of water. F. Procedures for Determination/Notification of Water Supply Shortage. The existence of Level 1, 2, or 3 Water Supply Shortage conditions may be declared by Resolution of the City Council adopted at a regular or special public meeting held in accordance with state law. The mandatory conservation requirements applicable to the level of Water Supply Shortage conditions declared by the City Council will take effect immediately after the shortage level is declared. Within ten (10) days following the declaration of the shortage level, the Resolution shall be published pursuant to Water Code section 376. G. Hardship Waiver. If, due to unique circumstances, such as a fire, a specific requirement of this Article would result in undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water users, then the person may apply for a waiver to the requirement as provided in this Section. 1. Request: A written request for a Hardship Waiver must be submitted to the Public Works Director. 2. Supporting Documentation: The request for waiver must be accompanied by photographs, maps, drawings, and any other information as appropriate the applicant wishes to be used in reviewing the request. 3. Required Findings for Waiver: The waiver may be granted or conditionally granted only upon a written finding of the existence of facts demonstrating an undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water use due to specific and unique circumstances of the user or the user's property. An application for a waiver will be denied unless the Public Works Director finds, based on the information provided in the application, supporting documents, or such additional information as may be requested, and on water use information for the property as shown by the records of the city or its agent, all of the following: 4824 -90 -97470 ORDINANCE NO. 2015-04JM0470W91 8.A.a Packet Pg. 281 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 11 a. That the waiver does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses; b. That because of special circumstances applicable to the property or its use, the strict application of this Article would have a disproportionate impact on the property or use that exceeds the impacts to residents and businesses generally; c. That the authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the city to effectuate the purpose of this Article and will not be detrimental to the public interest; and d. That the condition or situation of the subject property or the intended use of the property for which the waiver is sought is not common, recurrent or general in nature. 4. Approval Authority: The Public Works Director must act upon any completed application no later than ten (10) days after submittal and may approve, conditionally approve, or deny the waiver. The applicant requesting the waiver must be promptly notified in writing of any action taken. Unless specified otherwise at the time a waiver is approved, the waiver will apply to the subject property during the period of the mandatory water supply shortage condition. H. Mandatory metering of water use at all City hydrants. For uses other than fire suppression, all water delivered through city hydrants will require the use of meters in order to more accurately track the use of City water." SECTION IV Gilroy City Code Chapter 27, Article VI, Section 27.100(B) is hereby repealed in its entirety and replaced with a new Section 27.100(B) to read as follows: Section 27.100 Violation Penalty. B. Notwithstanding any other provision of this Article, whenever a violation of any section contained in this Article is punishable as a misdemeanor, the city attorney may specify that the offense is an infraction, and proceed with prosecution as an infraction, unless the defendant objects to the offense being made an infraction, in which event the court may elect to have the complaint amended to charge as a misdemeanor, and the case shall proceed on a misdemeanor charge. 1. First Violation: The City will issue a written warning and deliver a copy of this Resolution by mail. 2. Second Violation: A second violation within any consecutive twelve (12) months period is punishable by a fine not to exceed one hundred dollars ($100). 3. Third Violation: A third violation within any consecutive twelve (12) months period is punishable by a fine not to exceed two hundred dollars ($200). 4. Subsequent Violations: Any subsequent violations within any consecutive twelve 12) months period are punishable by a fine not to exceed five hundred ($500). 4824 - 9601- 9747v1 ORDINANCE NO. 2015-04JH104706091 8.A.a Packet Pg. 282 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 12 5. Separate Offenses: Each day that a person violated provisions of this Article shall constitute a separate violation or offense. 6. Willful violations: In addition to fines, the City, after written notice, may install a flow restrictor device or discontinue service to consumers who willfully violate provisions of this section." SECTION V Effective Date. Pursuant to Gilroy City Charter Section 601 this Ordinance is deemed to be necessary as an emergency measure to preserve the public peace, health and safety and shall be effective immediately. Pursuant to Water Code Section 375 this Ordinance shall also constitute a water conservation program. The findings supporting this emergency ordinance and the water conservation program are set forth in Section 27.95. SECTION VI Publication. Within ten (10) days of its adoption, this Ordinance shall be published pursuant to Water Code section 376. SECTION VII Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The people hereby declare that they would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable. PASSED AND ADOPTED this 18"` day of May, 2015 by the following roll call vote: AYES: COUNCILMEMBERS: AULMAN, BRACCO, LEROE- MUNOZ, TUCKER, VELASCO, WOODWARD and GAGE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE F-11 9 9 191011V 91 4824 - 9601 -97470 JH104706091 ORDINANCE NO. 2015-04 8.A.a Packet Pg. 283 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Emergency Ordinance No. 2015 -04 is an original ordinance, or true and correct copy of a City ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 18th day of May, 2015, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 19th day of May, 2015. City Clerk of the City of Gilroy Seal) 8.A.a Packet Pg. 284 Attachment: Urban Water Management Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 2020 Water ShortageContingency Plan City of Gilroy DRAF T 8.A.b Packet Pg. 285 Attachment: Water Shortage Contingency Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 2020 WATER SHORTAGE CONTINGENCY PLAN Draft August 2021 CITY OF GILROY 8.A.b Packet Pg. 286 Attachment: Water Shortage Contingency Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and 7433 NORTH FIRST STREET, SUITE 103 • FRESNO, CALIFORNIA 93720 • (559) 436-0600 • FAX (559) 436-0622 www.akeleng.com Smart Planning Our Water Resources July 1, 2021 City of Gilroy 7351 Rosanna Street Gilroy California, 95020 Attention: Gary Heap, P.E., City Engineer Subject: Water Shortage Contingency Plan Dear Gary: We are pleased to submit the City of Gilroy 2020 Water Shortage Contingency Plan (2020 WSCP) which is intended to address the Urban Water Management Planning Act (UWMPA) of 1983 and amendments thereof. The City’s Water Shortage Contingency Plan (WSCP) was originally included in the 2015 UWMP, which received letters of review and completeness from the Department of Water Resources. As part of amendments to the UWMPA the WSCP is now required to be prepared and adopted separately from the UWMP. The 2020 WSCP builds upon previous water shortage contingency planning efforts completed by the City and reflects updates to the City’s water shortage levels and water conservation measures for consistency with state-wide requirements provided by the Department of Water Resources. We extend our thanks to you; Daryl Jordan, Public Works Director; Jeff Castro, Operation Services Supervisor-Water Division; Jorge Duran, Senior Engineer; Faranak Mahdavi, Senior Engineer Capital Improvement Projects; and other City staff whose courtesy and cooperation were valuable in reviewing and completing this study. Sincerely, AKEL ENGINEERING GROUP, INC. Tony Akel, P.E. Principal Enclosure: 2020 Water Shortage Contingency Plan 8.A.b Packet Pg. 287 Attachment: Water Shortage Contingency Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and Acknowledgements City Council Marie Blankley, Mayor Fred Tovar, Mayor Pro Tempore Rebeca Armendariz Dion Brocco Zach Hilton Peter Leroe-Munoz Carol Marques Management Personnel Gary Heap, City Engineer Daryl Jordan, Public Works Director Jeff Castro, Operation Services Supervisor-Water Division Jorge Duran, Senior Engineer Faranak Mahdavi, Senior Engineer Capital Improvement Projects 8.A.b Packet Pg. 288 Attachment: Water Shortage Contingency Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and August 2021 i City of Gilroy 2020 Water Shortage Contingency Plan City of Gilroy 2020 Water Shortage Contingency Plan Table of Contents Page No. Section 1 INTRODUCTION ............................................................................................... 1 Section 2 WATER SUPPLY RELIABILITY ANALYSIS ..................................................... 1 Section 3 ANNUAL WATER SUPPLY AND DEMAND ASSESSMENT PROCEDURES . 2 3.1 Decision Making Process ................................................................................. 3 3.2 Data and Methodologies .................................................................................. 4 3.2.1 Evaluation Criteria .......................................................................... 5 3.2.2 Water Supply.................................................................................. 5 3.2.3 Current Year Unconstrained Customer Demand ........................... 5 3.2.4 Current Year Available Supply ....................................................... 5 3.2.5 Infrastructure Considerations ......................................................... 5 Section 4 SIX STANDARD WATER SHORTAGE LEVELS .............................................. 6 Section 5 SHORTAGE RESPONSE ACTIONS ................................................................ 7 5.1 Demand Reduction .......................................................................................... 7 5.2 Supply Augmentation ....................................................................................... 16 5.3 Operation Changes .......................................................................................... 16 5.4 Additional Mandatory Restrictions ................................................................... 16 5.5 Emergency Response Plan ............................................................................. 16 5.6 Seismic Risk Assessment and Mitigation Plan ................................................ 16 5.7 Shortage Response Action Effectiveness ........................................................ 17 Section 6 COMMUNICATION PROTOCOLS ................................................................... 17 Section 7 COMPLIANCE AND ENFORCEMENT ............................................................. 17 Section 8 LEGAL AUTHORITIES ..................................................................................... 18 Section 9 FINANCIAL CONSEQUENCES OF WSCP ACTIVATION................................ 19 Section 10 MONITORING AND REPORTING .................................................................... 21 Section 11 WSCP REFINEMENT PROCEDURES ............................................................. 22 Section 12 SPECIAL WATER FEATURE DISTINCTION ................................................... 22 Section 13 PLAN ADOPTION, SUBMITTAL, AND AVAILABILITY ..................................... 22 8.A.b Packet Pg. 289 Attachment: Water Shortage Contingency Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and August 2021 ii City of Gilroy 2020 Water Shortage Contingency Plan City of Gilroy 2020 Water Shortage Contingency Plan Figures Page No. Figure 3-1 Annual Assessment Reporting Timeline ............................................................... 3 Tables Page No. Table 4-1 Water Shortage Levels ......................................................................................... 6 Table 4-2 Water Shortage Contingency Plan Levels ............................................................ 8 Table 5-1 Demand Reduction Actions .................................................................................. 9 Table 9-1 Financial Consequences of WSCP ..................................................................... 21 8.A.b Packet Pg. 290 Attachment: Water Shortage Contingency Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and August 2021 1 City of Gilroy Water Shortage Contingency Plan Section 1 INTRODUCTION This report documents the City of Gilroy’s Water Shortage Contingency Plan (WSCP). This 2020 WSCP document builds upon previous water shortage contingency planning efforts completed by the City and documented in the 2010 and 2015 Urban Water Management Plans (UWMP). This WSCP reflects updates to the City’s water shortage levels and water conservation measures for consistency with state-wide requirements provided by the Department of Water Resources. As part of the 2020 UWMP update, the Department of Water Resources requires urban water suppliers to prepare a stand-alone 2020 WSCP, which is separated from the 2020 UWMP, and intended to manage a water shortage. As the City continues to monitor the effectiveness of the WSCP, this document can be updated and adopted separately from the UWMP. Though it is a stand-alone document, the 2020 WSCP is still considered one of the elements of the 2020 UWMP, as required by the State Law. Based on Department of Water Resources (DWR) requirements, and consistent with previous planning efforts, this WSCP includes the following sections:  Water Supply Reliability Analysis  Annual Water Supply and Demand Assessment  Shortage Response Actions  Communication Protocols  Compliance and Enforcement  Legal Authorities  Financial Consequences of WSCP Activation  Monitoring and Reporting  Special Water Feature Distinction  Plan Adoption, Submittal, and Availability Section 2 WATER SUPPLY RELIABILITY ANALYSIS Law The City currently uses groundwater as the sole source of water supply, with wells extracting water from the Llagas Subbasin. This groundwater basin is managed by Valley Water, and the Valley Water 2016 GMP lists the rates of natural recharge for these groundwater supply sources. Consistent with previously planning efforts, the City’s Water Supply Reliability Analysis considers the available supply volume for each Subbasin as equal to the rate of natural recharge. The Water 10632 (a)(1) The analysis of water supply reliability conducted pursuant to Section 10635. 8.A.b Packet Pg. 291 Attachment: Water Shortage Contingency Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and August 2021 2 City of Gilroy Water Shortage Contingency Plan Supply Reliability Analysis also considers the effects on available supply during a single-dry and five-year dry period; for conservative planning purposes, supply reduction percentages from the Valley Water 2020 UWMP were used to estimate the available groundwater supply during these dry year periods. As part of the 2020 UWMP, the City has also prepared a Drought Risk Assessment (DRA), which is a proactive planning review that readies the City for worst-case water supply conditions should they occur in the immediate future. The DRA compares the City’s projected demands over the next five years to estimated available supplies should a five-year dry period occur. The results of the DRA prepared as part of the 2020 UWMP indicate that the City has sufficient supplies to meet projected demands over the next five years. Section 3 ANNUAL WATER SUPPLY AND DEMAND ASSESSMENT PROCEDURES Law Updates to the California Water Code now require that urban water suppliers prepare a water supply and demand assessment on an annual basis (Annual Assessment). The findings of this Annual Assessment will be summarized in a report submitted to the DWR by July 1 of each calendar year, with the first report required for submission on July 1st, 2022. The purpose of this 10632 (a)(2) The procedures used in conducting an annual water supply and demand assessment that include, at a minimum, both of the following: (A) The written decision-making process that an urban water supplier will use each year to determine its water supply reliability. (B) The key data inputs and assessment methodology used to evaluate the urban water supplier’s water supply reliability for the current year and one dry year, including all of the following: (i) Current year unconstrained demand, considering weather, growth, and other influencing factors, such as policies to manage current supplies to meet demand objectives in future years, as applicable. (ii) Current year available supply, considering hydrological and regulatory conditions in the current year and one dry year. The annual supply and demand assessment may consider more than one dry year solely at the discretion of the urban water supplier. (iii) Existing infrastructure capabilities and plausible constraints. (iv) A defined set of locally applicable evaluation criteria that are consistently relied upon for each annual water supply and demand assessment. (v) A description and quantification of each source of water supply. 10632.1 An urban water supplier shall conduct an annual water supply and demand assessment pursuant to subdivision (a) of Section 10632 and, on or before July 1 of each year, submit an annual water shortage assessment report to the department with information for anticipated shortage, triggered shortage response actions, compliance and enforcement actions, and communication actions consistent with the supplier’s water shortage contingency plan. An urban water supplier that relies on imported water from the State Water Project or the Bureau of Reclamation shall submit its annual water supply and demand assessment within 14 days of receiving its final allocations, or by July 1 of each year, whichever is later. 8.A.b Packet Pg. 292 Attachment: Water Shortage Contingency Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and August 2021 3 City of Gilroy Water Shortage Contingency Plan annual assessment is to ensure water suppliers are proactively considering the available water supplies and service area demand requirements, as well as identifying the potential need for implementing the Water Shortage Contingency Plan. It should be noted that DWR is in the process of preparing a stand-alone guidance document that will outline general procedures to aid urban water suppliers in preparing the Annual Assessment. The decision-making process and Annual Assessment completion steps are preliminary at this point and will be further refined as the guidance document by DWR is completed. 3.1 Decision Making Process This section describes the decision-making process to prepare and approve the Annual Assessment each year. It should be noted that the Annual Assessment and decision-making process will rely on the findings of the Valley Water Annual Assessment, which will include documentation of available water supply information and any County-wide required water shortage actions to be implemented. Figure 3‐1 Annual Assessment Reporting Timeline September to February – Ongoing Monitoring and Review For the majority of the year, City staff will continue to monitor and report monthly water consumption and production. This information will be used when the Annual Assessment is initiated to prepare a year-to-year comparison of system-wide water demands for the purpose of projecting demands for the following year. 8.A.b Packet Pg. 293 Attachment: Water Shortage Contingency Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and August 2021 4 City of Gilroy Water Shortage Contingency Plan March – Initiate WSCP Annual Assessment City staff will initiate the Annual Assessment process by gathering the collected demand and production data. Other relevant information includes but is not limited to the following:  Land Use/Planning: Changes in land use or number of building permits will be used in estimating the next year’s demands.  Hydrologic Year Review: The City’s wet year typically ends in April and rainfall information over the past year can be gathered and reviewed.  Climate Forecast: Any available climate projection information. The purpose of gathering this information will be to compare the various factors that affect water demand throughout the City’s service area. This comparison will guide the City’s projection for water demand in the upcoming year. April – Review Available Supply Information According to the Valley Water 2020 UWMP, a preliminary Annual Assessment will be completed by the month of April. City staff will review this document once available and use it as a basis for estimating the available supply in the upcoming year. If required, City staff will also prepare to initiate any water shortage response actions noted by Valley Water. May – City Council Review of Annual Assessment The draft of Annual Assessment will be presented to City Council for their information and discussion. If water shortage actions are recommended by the Annual Assessment, the City Council will be asked to begin the implementation of the recommended actions. June – Finalize Annual Assessment The Annual Assessment is finalized based on any feedback received during the City Council review process. July – Submit Annual Assessment The Annual Assessment will be submitted to DWR on or before July 1st. 3.2 Data and Methodologies This section describes the key data and methodologies used in the preparation of the Annual Assessment. This section also includes historical water supply information, historical and projected water demand, demand and projected water supply demand, which the city uses to evaluate their water supply reliability for a normal and a dry subsequent year. 8.A.b Packet Pg. 294 Attachment: Water Shortage Contingency Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and August 2021 5 City of Gilroy Water Shortage Contingency Plan 3.2.1 Evaluation Criteria The primary criteria used in preparing the City’s Annual Assessment are the projected water demand and available supply. The available supply information will be based on a County-wide review of available water supplies prepared by Valley Water. The demand projections will be prepared using a combination of factors, including a comparison to historical demand, land use changes, building permits, and historical rainfall. The City will continue to review its Annual Assessment preparation process and additional criteria may be added if considered appropriate. 3.2.2 Water Supply The City currently relies on groundwater as the sole source of supply. There are more than 9 groundwater wells used by the City, each of which is monitored and has production reported on a monthly basis. These monthly production records will be used to characterize the City’s current water production requirement and compared to previous years to estimate production requirements for the upcoming year. As the Groundwater Sustainability Agency, Valley Water manages water supplies throughout Santa Clara County; this includes the Llagas Subbasin, which is used as the City’s source of supply. The water supply analysis prepared by Valley Water in preparation of their Annual Assessment will provide a critical basis for water supply assumptions, regarding available water supply volumes and any pumping restrictions required to be implemented if any. 3.2.3 Current Year Unconstrained Customer Demand Billed water consumption is reported on a monthly basis and will be used to characterize the current water consumption requirements for the City. The monthly records will be compared to corresponding months of the previous year to identify any significant changes in water use behavior throughout the City’s service area. In addition to consumption records, known recent developments or current building permits will enable City staff to estimate changes to water demand in the upcoming year. 3.2.4 Current Year Available Supply The Annual Assessment estimates the current year available supply for current hydrological conditions as well as a possible subsequent dry year. The supply estimate will be based on the Drought Risk Assessment supply estimation methodology documented in the 2020 UWMP and will also incorporate information from the Valley Water Annual Assessment. 3.2.5 Infrastructure Considerations The annual assessment will include a review of any ongoing capital projects that are expected to affect the demands and supply projections. Examples of such capital projects include water loss reductions, distribution expansion to serve growth, or new groundwater wells. The City is also in 8.A.b Packet Pg. 295 Attachment: Water Shortage Contingency Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and August 2021 6 City of Gilroy Water Shortage Contingency Plan the process of updating the Water System Master Plan, which will identify any additional infrastructure considerations to be implemented within the City’s service area. Section 4 SIX STANDARD WATER SHORTAGE LEVELS Law The City recently adopted the DWR-recommended six standard water shortage levels, as documented in Table 4-1. Identifying the appropriate shortage level will be in accordance with the procedures outlined in Section 3 – Annual Water Supply and Demand Assessment Procedures. As an example, if the Annual Assessment determines a shortage of 22%, The City would be considered in a Severe Drought condition. With recommendations from City staff, the City Council has the authority to declare the appropriate conservation level considered necessary to manage the system demands and mitigate the water shortage. The City Council can also downgrade, upgrade, or terminate a shortage response level based on City staff recommendations. Table 4‐1 Water Shortage Levels 10632 (a)(1) Stages of action to be undertaken by the urban water supplier in response to water supply shortages, including up to a 50 percent reduction in water supply and an outline of specific water supply conditions which are applicable to each stage. 10632 (a)(3) (A) Six standard water shortage levels corresponding to progressive ranges of up to 10, 20, 30, 40, and 50 percent shortages and greater than 50 percent shortage. Urban water suppliers shall define these shortage levels based on the suppliers’ water supply conditions, including groundwater levels, changes in surface elevation or level of subsidence, or other changes in hydrological or other local conditions indicative of the water supply available for use. Shortage levels shall also apply to catastrophic interruption of water supplies, including but not limited to, a regional power outrage, an earthquake, and other potential emergency events. (B) An urban water supplier with an existing water shortage contingency plan that uses different water shortage levels may comply with the requirement in subparagraph (A) by developing and including a cross-reference relating its existing categories to the six standard water shortage 8.A.b Packet Pg. 296 Attachment: Water Shortage Contingency Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and August 2021 7 City of Gilroy Water Shortage Contingency Plan The City’s groundwater supply is dependent on natural recharge from surface water runoff as well as additional recharge provided by Valley Water through raw water imports. In periods of drought, when less imported water is available to Valley Water for the purpose of recharging the groundwater basins they manage, Valley Water will call on water suppliers to reduce groundwater pumping to avoid basin overdraft and minimize subsidence. In order to reduce water consumption city-wide, the City has a water conservation ordinance that may be invoked to implement restrictions on water use. Currently, the City’s conservation ordinance describes permanent water use restrictions as well as a multiple-stage water rationing plan that can be invoked to adjust water use with shortage conditions. Each water rationing stage includes a water demand reduction percentage, which is to be applied to normal water demands. The plan is dependent on the cause, severity, and anticipated duration of the water shortage, and a combination of voluntary and mandatory water conservation measures, which can be put in place to reduce City-wide water usage. The water shortage stages are summarized on the following page in Table 4-2. Section 5 SHORTAGE RESPONSE ACTIONS Law Pursuant to the CWC 10632 (a) (4), this section documented the detailed shortage response actions which align with the shortage levels into different categories. 5.1 Demand Reduction There are a number of demand reduction measures urban water suppliers can implement as response actions to corresponded water shortage levels. Some of these may include watering and outdoor water usage prohibitions, water rate structure changes, public educations or water supply service adjustments. Other demand reduction actions such as infrastructure improvements or replacing, water-efficient assets are considered as long-term water demand reductions will not be listed in this water shortage contingency plan. Consumption reduction actions are methods taken by a water supplier to reduce demand within the service area, whereas prohibitions are specific limitations on water use; the City’s consumption reduction actions are summarized in Table 5-1. The permanent water use restrictions enforced year-round are also documented in the table. 10632 (a)(4) Shortage response actions that align with the defined shortage levels and include, at a minimum, all of the following: (A) Locally appropriate supply augmentation actions. (B) Locally appropriate demand reduction actions to adequately respond to shortages. (C) Locally appropriate operational changes (D) Additional, mandatory prohibitions against specific water use practices that are in addition to state-mandated prohibitions and appropriate to the local conditions. (E) For each action, an estimate of the extent to which the gap between supplies and demand will be reduced by implementation of the action. 8.A.b Packet Pg. 297 Attachment: Water Shortage Contingency Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and August 2021 8 City of Gilroy Water Shortage Contingency Plan Table 4‐2 Water Shortage Contingency Plan Levels Shortage Level Percent Supply Shortage/ Reduction Gilroy Shortage Level Valley Water Shortage Level Title Water Supply Condition Level 0 None Normal Normal Permanent water conservation requirements are effective at all times Level 1 Up to 10% Alert Alert Water Supply Shortage exists when City Council determines and agrees that up to 10% consumer demand reduction is necessary to make more efficient use of water. Level 2 11 to 20% Significant Severe Water Supply Shortage exists when City Council determines and agrees that 11% ‐ 20% consumer demand reduction is necessary to make more efficient use of water. Level 3 21 to 30% Severe Critical Water Supply Shortage exists when City Council determines and agrees that 21% ‐ 30% consumer demand reduction is necessary to make more efficient use of water. Level 4 31 to 40% Critical Critical Water Supply Shortage exists when City Council determines and agrees that 31% ‐ 40% consumer demand reduction is necessary to make more efficient use of water. Level 5 41 to 50% Crisis Emergency Water Supply Shortage exists when City Council determines and agrees that 41% ‐ 50% consumer demand reduction is necessary to make more efficient use of water. Level 6 > 50% Emergency Emergency Water Supply Shortage is referred to as Water Shortage Emergency, and exists when City Council determines and agrees that a consumer demand reduction of greater than 50% is necessary to maintain public water supplies. 8.A.b Packet Pg. 298 Attachment: Water Shortage Contingency Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and August 2021 9 City of Gilroy Water Shortage Contingency Plan Table 5‐1 Demand Reduction Actions Level Restrictions and Prohibitions on End Users Category Additional Explanation or Reference Penalty, Charge, or Other Enforcement? Level 0 (Year‐Round) CII ‐ Lodging establishment must offer opt out of linen service Encourage hotels, motels and other commercial lodging establishments to provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments are encouraged to prominently display notice of this option in each bathroom using clear and easily understood language. No Level 0 (Year‐Round) CII ‐ Restaurants may only serve water upon request Encourage eating or drinking establishments, including but not limited to a restaurant, hotel, cafe, cafeteria, bar, or other public places where food or drinks are sold, served, or offered for sale to provide drinking water to any person only when expressly requested. No Level 0 (Year‐Round) CII ‐ Commercial kitchens required to use pre‐rinse spray valves Encourage food preparation establishments, such as restaurants or cafes to use water conserving dish wash spray valves. No Level 0 (Year‐Round) Other Discourage installation of single pass cooling systems in buildings requesting new water service. No Level 0 (Year‐Round) Other Discourage installation of non‐recirculating water systems in new commercial conveyor car wash and new commercial laundry systems. No Level 0 (Year‐Round) Other Encourage all commercial conveyor car wash systems to install operational re‐circulating water systems. No Level 0 (Year‐Round) Other When directed by the Public Works Director, recycled water fill stations shall be made available for construction water for purposes, including No 8.A.bPacket Pg. 299Attachment: Water Shortage Contingency Plan - Public Review Draft (3477 : Public Hearing for the 2020 August 2021 10 City of Gilroy Water Shortage Contingency Plan Table 5‐1 Demand Reduction Actions Level Restrictions and Prohibitions on End Users Category Additional Explanation or Reference Penalty, Charge, or Other Enforcement? dust control. Recycled water fill stations may be removed upon completion of construction activities in the area. Level 0 (Year‐Round) Pools and Spas ‐ Require covers for pools and spas Recommend that all existing pools use a pool cover or solar blanket to reduce water loss due to evaporation. No Level 1 Landscape ‐ Limit landscape irrigation to specific days Limit watering or irrigating of lawn, landscape or other vegetated area with potable water to three days per week from April through October. The watering days are designated depending upon house address (odd house and no house address – Monday, Wednesday, and Friday, even house address – Tuesday, Thursday, and Saturday). This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand‐held bucket or similar container, a hand‐held hose equipped with a positive self‐closing water shut‐off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. Yes Level 1 Landscape ‐ Limit landscape irrigation to specific days Limit watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week during November through March (odd house and no house address – Monday, even house address – Tuesday). This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand‐held bucket or similar container, a hand‐held Yes 8.A.bPacket Pg. 300Attachment: Water Shortage Contingency Plan - Public Review Draft (3477 : Public Hearing for the 2020 August 2021 11 City of Gilroy Water Shortage Contingency Plan Table 5‐1 Demand Reduction Actions Level Restrictions and Prohibitions on End Users Category Additional Explanation or Reference Penalty, Charge, or Other Enforcement? hose equipped with a positive self‐closing water shut‐off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. Level 1 Pools and Spas ‐ Require covers for pools and spas Require all new pools to have a pool cover or solar blanket to reduce water loss through evaporation. Yes Level 1 Other ‐ Prohibit use of potable water for washing hard surfaces Prohibit washing down hard or paved surfaces, including but not limited to buildings, structures, sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys. Yes Level 1 Other ‐ Customers must repair leaks, breaks, and malfunctions in a timely manner Require leaks, breaks, or other malfunctions in the water user’s plumbing or distribution system to be repaired within seventy‐two (72) hours of notification by the city unless other arrangements are made with the city. Yes 8.A.bPacket Pg. 301Attachment: Water Shortage Contingency Plan - Public Review Draft (3477 : Public Hearing for the 2020 August 2021 12 City of Gilroy Water Shortage Contingency Plan Table 5‐1 Demand Reduction Actions Level Restrictions and Prohibitions on End Users Category Additional Explanation or Reference Penalty, Charge, or Other Enforcement? Level 1 Landscape ‐ Restrict or prohibit runoff from landscape irrigation Prohibit the application of water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non‐irrigated areas, private and public walkways, driveway, street, alley, gutter, ditch, parking lots, or structures. Yes Level 1 Water Features ‐ Restrict water use for decorative water features, such as fountains Prohibit the operating a water fountain or other decorative water feature that does not use recirculated water Yes Level 1 Other Prohibit using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not, except by use of a hand‐held bucket or similar container or a hand‐held hose equipped with a positive self‐closing water shut‐off nozzle or device. This subsection does not apply to any commercial car washing facility. Yes Level 1 CII ‐ Restaurants may only serve water upon request Prohibit eating or drinking establishments, including but not limited to a restaurant, hotel, cafe, cafeteria, bar, or other public places where food or drinks are sold, served, or offered for sale, from providing drinking water to any person unless expressly requested. Yes Level 1 CII ‐ Lodging establishment must offer opt out of linen service Require hotels, motels and other commercial lodging establishments to provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments must prominently display notice of this option in each bathroom using clear and easily understood language. Yes Level 1 Other Prohibit the installation of single pass cooling systems in buildings requesting new water service. Yes 8.A.bPacket Pg. 302Attachment: Water Shortage Contingency Plan - Public Review Draft (3477 : Public Hearing for the 2020 August 2021 13 City of Gilroy Water Shortage Contingency Plan Table 5‐1 Demand Reduction Actions Level Restrictions and Prohibitions on End Users Category Additional Explanation or Reference Penalty, Charge, or Other Enforcement? Level 1 Other Prohibit the installation of non‐re‐circulating water systems in new commercial conveyor car wash and new commercial laundry systems. Yes Level 1 CII ‐ Commercial kitchens required to use pre‐rinse spray valves Prohibit food preparation establishments, such as restaurants or cafes from using non‐water conserving dish wash spray valves. Yes Level 1 Other Require all commercial conveyor car wash systems to have installed operational re‐circulating water systems, or must have secured a waiver of this requirement from the city. Yes Level 1 Other When directed by the Public Works Director, recycled water fill stations shall be made available for construction water for purposes, including dust control. Recycled water fill stations may be removed upon completion of construction activities in the area. Yes Level 1 Other water feature or swimming pool restriction Refilling of existing private pools is prohibited, except to maintain water levels, unless the pool is in eminent danger of failure. Yes Level 2 Landscape ‐ Limit landscape irrigation to specific days Limit watering or irrigating of lawn, landscape or other vegetated area with potable water to two days per week from April through October. The watering days are designated depending upon house address (odd house and no house address – Wednesday and Sunday, even house address – Tuesday and Saturday). This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand‐held bucket or similar container, a hand‐held hose equipped with a positive self‐closing water shut‐off nozzle or device, Yes 8.A.bPacket Pg. 303Attachment: Water Shortage Contingency Plan - Public Review Draft (3477 : Public Hearing for the 2020 August 2021 14 City of Gilroy Water Shortage Contingency Plan Table 5‐1 Demand Reduction Actions Level Restrictions and Prohibitions on End Users Category Additional Explanation or Reference Penalty, Charge, or Other Enforcement? or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. Level 2 Landscape ‐ Limit landscape irrigation to specific days Limit watering or irrigating lawn, landscape or other vegetated area with potable water is limited to no more than one day per week during November through March (odd house and no house address – Monday, even house address – Tuesday). This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand‐held bucket or similar container, a hand‐held hose equipped with a positive self‐closing water shut‐off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. Yes Level 3 Water Features ‐ Restrict water use for decorative water features, such as fountains Prohibit filling or re‐filling ornamental lakes or ponds with potable water, except to the extent needed to sustain aquatic life, provided that such animals are of significant value and have been actively managed within the water feature prior to declaration of a supply shortage level under this section. Yes Level 3 Other ‐ Customers must repair leaks, breaks, and malfunctions in a timely manner Require all leaks, breaks, or other malfunctions in the water user’s plumbing or distribution system to be repaired within forty‐eight (48) hours of notification by the city unless other arrangements are made with the city Yes Level 3 Other City Council may consider adopting rate structures and other pricing mechanisms to maximize water conservation. Yes 8.A.bPacket Pg. 304Attachment: Water Shortage Contingency Plan - Public Review Draft (3477 : Public Hearing for the 2020 August 2021 15 City of Gilroy Water Shortage Contingency Plan Table 5‐1 Demand Reduction Actions Level Restrictions and Prohibitions on End Users Category Additional Explanation or Reference Penalty, Charge, or Other Enforcement? Level 3 Landscape ‐ Other landscape restriction or prohibition Prohibit the applications of potable water to outdoor landscapes during and within 48 hours following measurable rainfall. Yes Level 4 Landscape ‐ Other landscape restriction or prohibition Prohibit the irrigation with potable water outside of newly constructed homes and buildings in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission. Yes Level 4 Landscape ‐ Other landscape restriction or prohibition Prohibit the irrigation with potable water or ornamental turf on public street medians, including roundabouts. Yes Level 4 Landscape ‐ Prohibit all landscape irrigation Prohibit watering or irrigating of lawn, landscape or other vegetated area with potable water. This restriction does not apply to the following categories of use, unless the city has determined that recycled water is available and may be applied to the use: (a) Maintenance of vegetation, including trees and shrubs, that are watered using a hand‐held bucket or similar container, hand‐held hose equipped with a positive self–closing water shut‐off nozzle or device; (b) Maintenance of existing landscape necessary for fire protection; (c) Maintenance of existing landscape for soil erosion control; (d) Maintenance of plant materials identified to be rare or essential to the well‐being of protected species; (e) Maintenance of landscape within active public parks and playing fields, day care centers, golf course greens, and school grounds, provided that such irrigation does not exceed two (2) days per week for no more than fifteen (15) minutes watering per designated water day per station Yes 8.A.bPacket Pg. 305Attachment: Water Shortage Contingency Plan - Public Review Draft (3477 : Public Hearing for the 2020 August 2021 16 City of Gilroy Water Shortage Contingency Plan Table 5‐1 Demand Reduction Actions Level Restrictions and Prohibitions on End Users Category Additional Explanation or Reference Penalty, Charge, or Other Enforcement? and is prohibited between the hours of 9:00 a.m. and 5:00 p.m. Pacific Standard/Daylight Savings Time. (f) Actively irrigated environmental mitigation projects. Level 4 Other ‐ Customers must repair leaks, breaks, and malfunctions in a timely manner Require all leaks, breaks, or other malfunctions in the water user’s plumbing or distribution system to be repaired within twenty‐four (24) hours of notification by the city unless other arrangements are made with the city. Yes Level 5 Other The city may limit the issuance of new potable water services, temporary meters and/or statements of immediate ability to serve or provide potable water service (such as, can and will‐serve letters, certificates, or letters of availability), except under the following circumstances: (a) A valid, unexpired building permit has been issued for the project; or (b) The project is necessary to protect the public health, safety, and welfare; or (c) The applicant provides substantial evidence of an enforceable commitment that water demands for the project will be offset prior to the provision of a new water meter(s) to the satisfaction of the city. (d) This provision does not preclude the resetting or turn‐on of meters to provide continuation of water service or the restoration of service that has been interrupted for a period of one year or less." Yes Level 6 Other Upon declaration of a Level 6 Water Supply Shortage Emergency condition, the City Administrator is authorized to implement a program in his or her discretion to limit or withhold the issuance of building permits which require new or expanded water service, except to protect the Yes 8.A.bPacket Pg. 306Attachment: Water Shortage Contingency Plan - Public Review Draft (3477 : Public Hearing for the 2020 August 2021 17 City of Gilroy Water Shortage Contingency Plan Table 5‐1 Demand Reduction Actions Level Restrictions and Prohibitions on End Users Category Additional Explanation or Reference Penalty, Charge, or Other Enforcement? public health, safety and welfare, or in cases which meet the city’s adopted conservation offset requirements. Level 6 Other Upon the declaration of a Level 6 Water Supply Shortage condition, the city may suspend consideration of annexations to its service area. This subsection does not apply to boundary corrections and annexations that will not result in any immediate increased use of water. Yes 8.A.bPacket Pg. 307Attachment: Water Shortage Contingency Plan - Public Review Draft (3477 : Public Hearing for the 2020 August 2021 16 City of Gilroy Water Shortage Contingency Plan 5.2 Supply Augmentation As noted in previous sections, groundwater is the City’s sole source of supply and there are no known opportunities for water supply augmentation through actions such as exchanges, transfers, or purchase programs. Therefore, supply augmentation actions are excluded from the City’s Water Shortage Contingency Plan at this time. 5.3 Operation Changes During a water shortage, changes to water system operations may be considered. These operational changes may include improving water usage consumption and tracking, changes to fire hydrant testing frequencies, alteration in maintenance cycles, and expedited water leak repairs. 5.4 Additional Mandatory Restrictions Additional mandatory restrictions have been reported in a previous section. 5.5 Emergency Response Plan During an imminent or emergency-related shortage, the City Manager will activate a water shortage response team. This team will include: public utilities, water, fire, planning, health, emergency services, and the Mayor’s office. Other actions and procedures that are to follow a catastrophic event will be developed by this team. 5.6 Seismic Risk Assessment and Mitigation Plan Law In addition to the emergency response plan described in a previous section the California Water Code now requires urban water suppliers to document a locally appropriate multi-hazard mitigation plan, as developed under the federal Disaster Mitigation Act of 2000, that includes documentation of seismic risk assessment. Valley Water, previously Santa Clara Valley Water District, developed such a hazard mitigation plan in October 2017. The City’s service area is included in the boundaries reviewed as part of this mitigation plan. 10632.5 (a) In addition to the requirements of paragraph (3) of subdivision (a) of Section 10632, beginning January 1, 2020, the plan shall include a seismic risk assessment and mitigation plan to assess the vulnerability of each of the various facilities of a water system and mitigate those vulnerabilities. (b) An urban water supplier shall update the seismic risk assessment and mitigation plan when updating its urban water management plan as required by Section 10621. (c) An urban water supplier may comply with this section by submitting, pursuant to Section 10644, a copy of the most recent adopted local hazard mitigation plan or multi- hazard mitigation plan under the federal Disaster Mitigation Act of 2000 (Public Law 106-390) if the local hazard mitigation plan or multi-hazard mitigation plan addresses seismic risk. 8.A.b Packet Pg. 308 Attachment: Water Shortage Contingency Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and August 2021 17 City of Gilroy Water Shortage Contingency Plan 5.7 Shortage Response Action Effectiveness In addition to documenting demand reduction actions the 2020 WSCP also estimates the effectiveness of these actions on reduce system-wide demand. The City records water consumption and production on a monthly basis and this data can be used to estimate the effect of any demand reduction actions implemented. Most recently, during the 2012-2016 drought, the City entered Water Shortage Level 2 for several summer months of 2015. This included the implementation of multiple demand reduction actions described in a previous section. Based on a comparison of historical monthly production data, it is estimated that the system-wide water use was 10%-20% lower for the duration of the Level 2 Water Shortage as compared to other years. As the City implements the WSCP, ongoing review of changes in monthly production will enable City staff to review the effectiveness of the demand reduction actions and prohibitions. Section 6 COMMUNICATION PROTOCOLS Law When the City identifies the need for short-term water use reductions as directed by the Water Shortage Contingency Plan or Annual Assessment, clear and effective communication will be critical to achieve the necessary demand reductions. Methods of public notification include newspaper publications, bill inserts, City website announcements, social media posts, and press releases or informational campaigns. These public notification methods would be implemented in the event of a Level 2 Water Shortage and would increase in frequency with increasing water shortage levels. Section 7 COMPLIANCE AND ENFORCEMENT Law Customers who violate the provisions noted in the water code for water shortage conditions shall receive the following: 10632 (a)(5) Communication protocols and procedures to inform customers, the public, interested parties, and local, regional, and state governments, regarding, at a minimum, and of the following: (A) Any current or predicted shortages as determined by the annual water supply and demand assessment described pursuant to Section 10632.1. (B) Any shortage response actions triggered or anticipated to be triggered by the annual water supply and demand assessment described pursuant to Section 10632.1. (C) Any other relevant communications. 10632 (a) (6) For an urban retail water supplier, customer compliance, enforcement, appeal, and exemption procedures for triggered shortage response actions as determined pursuant to Section 10632.2. 8.A.b Packet Pg. 309 Attachment: Water Shortage Contingency Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and August 2021 18 City of Gilroy Water Shortage Contingency Plan  One written notice of the violation from Public Works Department personnel or police department.  A second violation within any consecutive 12 month period is punishable by a fine not to exceed one hundred dollars.  A third violation within any consecutive 12 month period is punishable by a fine not to exceed two hundred dollars.  Any subsequent violation within any consecutive 12 month period is punishable by a fine not to exceed five hundred dollars.  In addition to fines, the City, after written notice, may install a flow restrictor or discontinue service to consumers who violate provisions of this section. Section 8 LEGAL AUTHORITIES Law This City has the legal authority to implement and enforce its water shortage response actions and relative penalties, water charge adjustments, and water service alteration or prohibition. City Ordinance 2015-04, which amended the water supply shortage regulations for the City in May 2015, documents the demand reduction measures as well as enforcement protocols. 10632 (a) (7) (A) A description of the legal authorities that empower the urban water supplier to implement and enforce its shortage response actions specified in paragraph (4) that may include, but are not limited to, statutory authorities, ordinances, resolutions, and contract provisions. (B) A statement that an urban water supplier shall declare a water shortage emergency in accordance with Chapter 3 (commencing with Section 350) of Division 1. [see below] (C) A statement that an urban water supplier shall coordinate with any city or county within which it provides water supply services for the possible proclamation of a local emergency, as defined in Section 8558 of the Government Code. Water Code Section Division 1, Section 350 Declaration of water shortage emergency condition. The governing body of a distributor of a public water supply, whether publicly or privately owned and including a mutual water company, shall declare a water shortage emergency condition to prevail within the area served by such distributor whenever it finds and determines that the ordinary demands and requirements of water consumers cannot be satisfied without depleting the water supply of the distributor to the extent that there would be insufficient water for human consumption, sanitation, and fire protection. 8.A.b Packet Pg. 310 Attachment: Water Shortage Contingency Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and August 2021 19 City of Gilroy Water Shortage Contingency Plan Section 9 FINANCIAL CONSEQUENCES OF WSCP ACTIVATION Law For most water suppliers, operating costs are fixed rather than variable based on the quantity of water sold. As a result, when conservation programs are implemented, it often becomes necessary to increase water rates. This is based on lower income because of lower total consumption and fixed revenue requirements. To counteract this, reduction in the form of reducing peak demands can delay the need to develop new costly water sources. The City’s Water Fund (Fund 720) allows for a small emergency fund cash reserve. Capital improvement projects within Fund 720 may be deferred to help offset revenue problems if necessary. The City also maintains Fund 436, which is the Water Development Fund, to help fund capital improvement projects related to new developments. In the event of an emergency, General Fund reserves may be used. However, a Water Shortage Emergency Fund may be considered by the City in order to mitigate potential impacts from a water shortage. In addition, this fund will help to stabilize water rates during times of shortage, and any water revenue surplus collected as a result of the shortage rate adjustments will be used to replenish the Water Shortage Emergency Fund. The City has implemented a water rate structure that has successfully reduced water demand. The City’s current water rate structure consists of a fixed monthly charge dependent on meter size, and a tiered volumetric rate based on water consumption and elevation zone. The first tier of the rate structure generally represents the average cost of water, and during a water shortage, residents should aim to be in the first tier. The second tier is for conservation rates and is set higher than the previous rate, thus providing incentive to the user to lower water usage. The following measures, also shown on Table 9-1, may be implemented in the more restrictive water shortage levels to offset the reduced revenue.  Increase the unit rate for all tiers by a fixed percentage.  Increase the unit rate for all tiers except the lowest residential tier (Lifeline Tier) by a percentage, which might be the same for all tiers or larger increases for higher tiers. 10632 (a) (8) A description of the financial consequences of, and responses for, drought conditions, including, but not limited to, all of the following: (A) A description of potential revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4). (B) A description of mitigation actions needed to address revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4). (C) A description of the cost of compliance with Chapter 3.3 (commencing with Section 365) of Division 1. [retail urban suppliers only] 8.A.b Packet Pg. 311 Attachment: Water Shortage Contingency Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and August 2021 20 City of Gilroy Water Shortage Contingency Plan  Impose a temporary drought surcharge on each account based on meter size.  Impose excessive penalties for water use over a specific amount.  Impose a peaking charge based on the highest billed monthly water use from the previous year. If at any time, Valley Water institutes a tiered pump tax structure, City may increase in water rates, drought surcharges, and/or excess use penalties based on tiered Valley Water’s rate structure. An excess water use surcharge may be imposed in order to encourage compliance with the water shortage level 4 to level 6 conditions, if the customer water allotment is exceeded. The excess water surcharge applies only to the water bill and does not correspond to the water use prohibitions. 8.A.b Packet Pg. 312 Attachment: Water Shortage Contingency Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and August 2021 21 City of Gilroy Water Shortage Contingency Plan Table 9‐1 Financial Consequences of WSCP Stage Supply Reduction Potential Mitigation Actions 4-6 > 30% Increase the unit rate for all tiers by a fixed percentage. 4-6 > 30% Increase the unit rate for all tiers except the lowest residential tier (Lifeline Tier) by a percentage, which might be the same for all tiers or larger increases for higher tiers. 4-6 > 30% Impose a temporary drought surcharge on each account based on meter size. 4-6 > 30% Impose excessive penalties for water use over a specific amount. 4-6 > 30% Impose a peaking charge based on the highest billed monthly water use from the previous year. Section 10 MONITORING AND REPORTING Law Monitoring and reporting as part of the Water Shortage Contingency Plan and Annual Assessment will be based on the metered production and consumption data. Ongoing review of this information, and comparisons to historical data for similar months, will enable the City to monitor the effectiveness of the WSCP measures. Additionally, due to implemented shortage response actions and water shortage levels, the City’s Water Department may increase the frequency of reading meters in order to collect, track, and analyze water use. 10632 (a) (9) For an urban retail water supplier, monitoring and reporting requirements and procedures that ensure appropriate data is collected, tracked, and analyzed for purposes of monitoring customer compliance and to meet state reporting requirements. 8.A.b Packet Pg. 313 Attachment: Water Shortage Contingency Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and August 2021 22 City of Gilroy Water Shortage Contingency Plan Section 11 WSCP REFINEMENT PROCEDURES Law While the WSCP is a standalone document adopted separately from the 2020 UWMP it should be considered a dynamic planning tool and be subject to ongoing refinement efforts as necessary. Following the declaration of a water shortage and implementation of the WSCP, the monitoring and reporting steps described in a previous section will provide valuable insight into the effectiveness of the WSCP. City staff will evaluate the effectiveness of communication protocols, demand reduction actions, operational changes, or financial consequence mitigation. If this review reveals opportunities for procedural refinements or new WSCP actions, City staff may elect to incorporate these items into an amended version of the WSCP. Section 12 SPECIAL WATER FEATURE DISTINCTION Law The California Water Code requires urban water suppliers to distinguish between water features that are artificially supplied with water as opposed to swimming pools and spas. The City’s current demand reduction actions include this distinction, as documented in a previous section. Section 13 PLAN ADOPTION, SUBMITTAL, AND AVAILABILITY Law The WSCP adoption and submittal process, as well as the public availability, are the same as those for the City’s UWMP. However, the WSCP may be periodically amended independently from the City’s UWMP. Should an amendment to the WSCP be implemented, stakeholder and public notification methods consistent with the UWMP will be performed prior to adoption of the amended plan. 10632 (a) (10) Reevaluation and improvement procedures for systematically monitoring and evaluating the functionality of the water shortage contingency plan in order to ensure shortage risk tolerance is adequate and appropriate water shortage mitigation strategies are implemented as needed 10632 (b) For purposes of developing the water shortage contingency plan pursuant to subdivision (a), an urban water supplier shall analyze and define water features that are artificially supplied with water, including ponds, lakes, waterfalls, and fountains, separately from swimming pools and spas, as defined in subdivision (a) of Section 115921 of the Health and Safety Code. 10632 (c) The urban water supplier shall make available the water shortage contingency plan prepared pursuant to this article to its customers and any city or county within which it provides water supplies no later than 30 days after adoption of the water shortage contingency plan. 8.A.b Packet Pg. 314 Attachment: Water Shortage Contingency Plan - Public Review Draft (3477 : Public Hearing for the 2020 Urban Water Management Plan and City of Gilroy STAFF REPORT Agenda Item Title: City Council Position on Valley Transportation Authority (VTA) Transit-Oriented Development Meeting Date: October 4, 2021 From: Jimmy Forbis, City Administrator Department: Administration Submitted By: Jimmy Forbis Prepared By: Jimmy Forbis Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities  Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Council consider directing the Mayor to submit a formal letter of the City Council position on the potential Transit-Oriented Development project at the Gilroy Transit Center BACKGROUND At the August 2nd, 2021, City Council meeting, Council voted to request a deferment in releasing a Request For Offer (RFO) from the Santa Clara Valley Transportation Authority (VTA) for a Transit Orientated Development (TOD) project at the Gilroy Transit Center. The Mayor submitted a letter to the VTA for consideration at their August 5 th, 2021, Board of Directors (Board) meeting. 9.A Packet Pg. 315 At that meeting, the VTA Board voted to delay the consideration of the RFO for two months for discussions to consider the implications of a TOD project both in terms of the impact to transit but also impacts to parking and downtown businesses. It was expected that VTA staff would bring this item back to the Board at their October meeting. However, following a City Council study session with VTA transit staff on September 14th to address future transit and a follow-up meeting on September 17th with City staff, the Mayor, and VTA General Manager Carolyn Gonot, VTA staff indicated that they would not return this item to the Board in October. On September 28th, the City received written notification from the VTA General Manager, that the item would not be included on the October 7 th, 2021, board meeting as VTA staff would like to take time to internally discuss and evaluate the future of transit in Gilroy. ANALYSIS Currently and going forward, it is prudent that Council continues to have discussions about the potential TOD project and the future of the Gilroy Transit Center. In discussions with VTA staff and High-Speed Rail (HSR) staff, there is a consensus that an overall plan for the transit center and surrounding area is greatly needed. HSR has recently allocated funds for development of such a plan that will address implications of HSR development in the area and opportunitie s do exists for additional components (VTA, Caltrain, etc.) to be coordinated to develop a comprehensive plan for the Gilroy Transit Center. City staff will be working towards a coordinated effort to develop an overall master plan for the Transit Center. CONCLUSION As the Mayor is the Council representative and an alternate on the VTA Board, clear Council direction is important to ensure that Council’s position on VTA-related matters is clearly relayed from the Mayor. At this time, Council may alter or modify its’ position on the TOD and any other transit- related issues. 9.A Packet Pg. 316 City of Gilroy STAFF REPORT Agenda Item Title: Appointment of Members to the Youth Commission With Terms Ending September 30, 2023 Meeting Date: October 4, 2021 From: Jimmy Forbis, City Administrator Department: Human Resources Department Submitted By: LeeAnn McPhillips Prepared By: LeeAnn McPhillips Anne Bybee Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Appoint four Youth Commission members to terms ending September 30, 2023. BACKGROUND The City conducted a four-month recruitment period from early May 2021 to August 27, 2021 to fill four open seats on the Youth Commission with terms ending September 30, 2023. A variety of outreach was completed to get the word out to the community about the openings on the Youth Commission. Efforts included: • City and Recreation social media posts - Facebook, Twitter, and Instagram 9.B Packet Pg. 317 • Disseminated information to Gilroy Unified School District’s middle and high school students. • Included a ½ page ad in the Fall Recreation Activity Guide – this guide is mailed to more than 20,000 homes and posted on the Recreation homepage • Posted on the Youth Commission webpage • Posted flyers and handouts at the San Ysidro Cultural Center • Published recruitment information in the South County Youth Task Force’s and the South County Collaborative’s e-newsletter. Nine applications were received during this recruitment period. Seven of the nine candidates were interviewed in-person on Monday, September 20, 2021. As noted below, two candidates did not attend the scheduled interview process. The Youth Commission applicants are: • Miranda Flores (did not attend interview; illness) • Aiden Francis • Martin Fu (did not attend interview) • Diego Garcia • Isaac Hwang • Lavender Hwang • Ezequiel Lopez • Alexis Miller • Neively Zavala Copies of the candidates’ applications are attached for reference. CONCLUSION Now that interviews have taken place it is recommended that Council make appointments to fill the four open seats on the Youth Commission with terms ending September 30, 2023. Attachments: 1. Youth Commission Redaced Applications for 10.4.21 Appointment Consideration 9.B Packet Pg. 318 9.B.a Packet Pg. 319 Attachment: Youth Commission Redaced Applications for 10.4.21 Appointment Consideration (3483 : Appointments to Youth Commission) 9.B.a Packet Pg. 320 Attachment: Youth Commission Redaced Applications for 10.4.21 Appointment Consideration (3483 : Appointments to Youth Commission) 9.B.a Packet Pg. 321 Attachment: Youth Commission Redaced Applications for 10.4.21 Appointment Consideration (3483 : Appointments to Youth Commission) 9.B.a Packet Pg. 322 Attachment: Youth Commission Redaced Applications for 10.4.21 Appointment Consideration (3483 : Appointments to Youth Commission) 9.B.a Packet Pg. 323 Attachment: Youth Commission Redaced Applications for 10.4.21 Appointment Consideration (3483 : Appointments to Youth Commission) 9.B.a Packet Pg. 324 Attachment: Youth Commission Redaced Applications for 10.4.21 Appointment Consideration (3483 : Appointments to Youth Commission) 9.B.a Packet Pg. 325 Attachment: Youth Commission Redaced Applications for 10.4.21 Appointment Consideration (3483 : Appointments to Youth Commission) 9.B.a Packet Pg. 326 Attachment: Youth Commission Redaced Applications for 10.4.21 Appointment Consideration (3483 : Appointments to Youth Commission) 9.B.a Packet Pg. 327 Attachment: Youth Commission Redaced Applications for 10.4.21 Appointment Consideration (3483 : Appointments to Youth Commission) 9.B.a Packet Pg. 328 Attachment: Youth Commission Redaced Applications for 10.4.21 Appointment Consideration (3483 : Appointments to Youth Commission) 9.B.a Packet Pg. 329 Attachment: Youth Commission Redaced Applications for 10.4.21 Appointment Consideration (3483 : Appointments to Youth Commission) 9.B.a Packet Pg. 330 Attachment: Youth Commission Redaced Applications for 10.4.21 Appointment Consideration (3483 : Appointments to Youth Commission) 9.B.a Packet Pg. 331 Attachment: Youth Commission Redaced Applications for 10.4.21 Appointment Consideration (3483 : Appointments to Youth Commission) 9.B.a Packet Pg. 332 Attachment: Youth Commission Redaced Applications for 10.4.21 Appointment Consideration (3483 : Appointments to Youth Commission) City of Gilroy STAFF REPORT Agenda Item Title: Rejection of Proposals for the Safe Parking Program Meeting Date: October 4, 2021 From: Jimmy Forbis, City Administrator Department: Administration Submitted By: Jimmy Forbis Prepared By: Jimmy Forbis Bryce Atkins Strategic Plan Goals ☐ Develop a Financially Resilient Organization  Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities  Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Council reject all proposals. BACKGROUND In September of 2020, the City Council created the Unhoused Ad -Hoc Committee (UHAC) to develop recommendations on addressing the impacts of homelessness. The UHAC developed a list of 12 recommendations for the City Council to consider, and the Council ultimately approved 14. One of these adopted recommendations was to establish a safe parking program. It was made into a priority by the UAHC, one of five initial priorities . It was selected as the highest priority item. Staff researched information about safe parking programs and crafted a request for proposals (RFP) for potential service providers to provide such a 10.A Packet Pg. 333 program. The RFP was issued on July 27, 2021. The deadline, originally scheduled for August 27, 2021, was extended. After receiving questions from South County Compassion Center and issuing answers, an amendment to the RFP was issued which removed the cash amount limit, among other changes to the initial RFP. This resulted in an extension being made to delay the deadline to September 3, 2021. Throughout the entire RFP process, South County Compassion Center was the only organization to contact the City about this RFP. The only proposal received was from South County Compassion Center. ANALYSIS Proposal is Non-responsive The sole proposal received did not meet an essential element required of the proposal. The RFP required that the proposals are to identify the site location where the safe parking program services are to be provided. Below is an excerpt from the RFP, and this section was not changed in the amendment to the RFP: Site Requirements Requirements of the proposal relating to the physical site are as follows: A. Applicant will identify and secure private property to host the parking program site for at least the first year of the program. Applicant must apply and obtain any required permits, lease documents, titles, agreements/Memorandum of Understanding with landlords indicating intent to lease, or letter of intent on letterhead to demonstrate site control of the area to provide the service. Because no site is identified or even a letter of intent from a property owner willing to provide a site was included in the proposal, this proposal is recommended for rejection. The identification of a site is a critical element to the proposal. This allows the City to determine, both from a governance perspective but also from a negotiation and cost control method, the following: • If the site conditions are conducive to a safe parking program. • If the site grants sufficient access and features for public safety concerns, both for the participants and service providers, but also not blocking public safety accessibility to surrounding properties. • If the site, being used as a safe parking program site, would cause the deterioration of the local community’s public health and welfare, quality of life, or adversely impact the City’s community and economic development. 10.A Packet Pg. 334 • If, and in which part of the City the proposed site would improve service levels, or may be adversely impacted. This would need to be evaluated as part of the City Council’s Strategic Plan goal of ensuring neighborhood equity from City services. • If the site would be capable of hosting the number of vehicles and service infrastructure (i.e. portable bathrooms) called for. • If a site is even available, or would be made available, to be used for this program. Given that the work to find a site might be claimed as reimbursable time under a contract, and that the RFP required a site to be identified, having any funding being paid to find a site after-the-fact is not recommended by staff. Next Steps if Proposal is Rejected Typically, an RFP with a single proposal is rejected and typically re-advertised to garner more interest. However, based on the extremely low level of interest in the previous RFP – only one potential service provider ever communicated with the City – it is not expected that the City will receive additional proposals to create competitive sourcing, nor that a site would be identified and committed by a letter of interest. Furthermore, based on the price that was proposed, $511,046, the project is likely to cost more than the available resources. Even removing the security requirement, which was the initial cost concern, only reduces the proposal by $132,469, leaving $378,550 in costs. To approve this proposal amount would require either the use of additional reserves from the General Fund, or the reallocation of resources from other purposes beyond the initial $50,000 contemplated. To implement the program, there would have to be significant reductions in the support of the site , the number of potential households being reduced significantly, and other reductions to make it closer to affordab le for the City to provide this service. Should Council reject the proposal, staff is recommending that the project be presented at the quarterly meeting of the local unhoused service providers to see what the group of agencies may be willing to undertake to provide a safe parking program. Staff is of the opinion that reissuing an RFP, even one that accepts a proposal without a property selected and reduced service levels, will not result in additional proposals. However, by working together and seeking an unhoused service provider with more expertise on this type of project to develop and lead the other providers to provide this program, a safe parking program may be more feasible. ALTERNATIVES Alternatively, Council may: 1. Accept the proposal and engage in the contract negotiat ion process. This is not recommended by staff. The lack of a site, being a required component of the 10.A Packet Pg. 335 program and of the proposals to be received, is a significant limitation and liability to a proposed safe parking program. 2. Reject the proposal and direct staff to re-issue the RFP with reduced scope to get closer to the initial proposed budget. Not recommended, as this would involve more staff time and advertisement costs for a much reduced program. 3. Reject the proposal and approach the City of Morgan Hill or other agency outside of the City Limits to contract for space at their safe parking program for Gilroy residents. This alternative may be a worthy potential alternative if the local unhoused service providers are not able to develop and host a program . FISCAL IMPACT/FUNDING SOURCE If Council were to accept the proposal as written, the fiscal impact would be $511,046 from the General Fund. Even a reduction by 75% of the services contained in the proposal would still incur a cost of over $125,000 to the General Fund, based on the proposal’s budget. To reject the proposal and authorize staff to approach the local service providers to obtain potential options would have no fiscal impact to the City. CONCLUSION The proposal the City received was non-responsive, not addressing the requirement that a site be identified and that a commitment, at some level, be obtained from the site owner to host the safe parking program. Staff is recommending to Council to reject the proposal, and to authorize staff to engage with the collective local unhoused service providers to see if they are able to develop and implement a safe parking program. NEXT STEPS If the recommended action is adopted by Council, staff will engage with unhoused service leaders serving the community to determine what one or more of them could do to address this need. Any other action would necessitate the matter being brought back before the Council for either additional approvals or direction. Attachments: 1. Gilroy Safe Parking Program Proposal - South County Compassion Center 10.A Packet Pg. 336 PO Box 233, Gilroy, CA 95021 September 3, 2021 Bryce Atkins City of Gilroy 7351 Rosanna Street Gilroy, CA 95020-6197 Dear Bryce, We are very interested in being considered as the provider of the City of Gilroy’s Homelessness Safe Parking Program, as described in the Request for Proposal No. 21-RFP-AD-461. The South County Compassion Center management, staff and board are deeply committed to dedicating the necessary time, personnel and resources toward this Safe Parking Program, and have envisioned and championed just such a project in Gilroy for some time, as a way to replicate our successful program in Morgan Hill. We propose to manage a safe parking program to host up to fifteen families with the purpose of providing them a safe place to live in their vehicles, or supplied trailers or tiny homes, while they actively work toward making a lasting transition into affordable housing that they can sustain on their own. Through our own internal recourses, and through contracts with other agencies and suppliers, we will secure the site, provide the infrastructure, site management, site maintenance, case management, security, oversight and reporting required to help at least 50% of program participants find sustainable housing. I have been granted full authority by our governing board to submit and be bound by this proposal on behalf of the South County Compassion Center. I also certify that the statements contained in this proposal are true and correct Thank you so much for considering our organization for this project. Sincerely, Tim Davis Executive Director Page 1 of 27 10.A.a Packet Pg. 337 Attachment: Gilroy Safe Parking Program Proposal - South County Compassion Center (3478 : RFP - Safe Parking Program) PO Box 233, Gilroy, CA 95021 APPLICANT INFORMATION Name of Organization South County Compassion Center Address 370 Tomkins Ct, Ste F Gilroy, CA 95020 Mailing Address PO BOX 233 Gilroy, CA 95021 Executive Director Contact Tim Davis (408) 763-7120 extension 102 tim@thecompassioncenter.org Program Manager Contact Evangeline Mata (408) 763-7120 extension 105 eve@thecompassioncenter.org Page 2 of 27 10.A.a Packet Pg. 338 Attachment: Gilroy Safe Parking Program Proposal - South County Compassion Center (3478 : RFP - Safe Parking Program) PO Box 233, Gilroy, CA 95021 APPLICANT QUALIFICATIONS Organization Structure Non-profit — 501 (c) 3 Services and Programs Compassion Center provides for the immediate basic needs of unhoused South Santa Clara County residents, residing primarily in Gilroy, by providing food, clothing, personal hygiene items, showers, laundry, mail delivery and a weekly garbage collection service. We deliver these services and goods for free, three days-a-week through our Encampment Outreach program, and twice-a-week via our Unhoused Popup Marketplaces that also provide supplemental food boxes, drinking water, personal toilets and access to a medical van and a mobile shower and laundry services. We also provide local unhoused residents access to a community clothing closet stocked with donated clothing—including shoes, jackets and blankets to keep warm—organized in a variety of sizes and styles. Through our case management program, we offer one-on-one support to help our unhoused clients pave paths toward ending homelessness by helping dissolve the barriers that keep on the streets and providing them the tools needed to sustain a home, once they find one. Our case managers assess each individual’s needs, help them identify personal goals, create a plan toward reaching those goals and then work hand-in-hand with them to help them to systematically meet their goals. For many of these activities, we provide referrals to other agencies that address specific needs. These referrals may include job training, mental health, addiction treatment, legal assistance, medical care, childcare, shelter referral, and transportation services. For all of our unhoused clients we offer referrals to resources to meet a variety of their needs. For some it may mean an eye exam and new glasses. For others, they may decide to get their GED, or enroll in an HVAC training certificate program that Applicant Firm Qualifications (1 of 9) Page 3 of 27 10.A.a Packet Pg. 339 Attachment: Gilroy Safe Parking Program Proposal - South County Compassion Center (3478 : RFP - Safe Parking Program) gives them the skills to secure a career that puts them closer toward affording a place to live. Other wrap-around services include dental care, mental health treatment, transportation vouchers, referrals to legal services, shelter referrals, help with their resumes, job training and job searches. If they want to get treatment for a substance addiction, we’ll refer them to an in-patient provider. If they are a candidate for our Safe Parking Program, we’ll recommend applying for that as well. Our case managers also enter our clients’ information into a County-wide housing database that puts them in a queue for housing through a ViSPDAT survey that assesses their vulnerability. In the winter months, we refer nearly 100 people to the South County’s only Cold Weather Shelter, and provide case management, and resource referrals to its residents. In partnership with Valley Medical Homeless Program, Sutter Health, and WeHope’s mobile Hope Health Unit, we bring a team of health professionals who are trained to work with unhoused patients to assess their needs, provide on-the-spot treatment for many issues, health consultations, and referrals to medical services, including mental health. They also help clients navigate the confusing world of accessing health insurance and establishing primary care resources. These services are provided throughout South County, three-days-a-week, at our Unhoused Popup Marketplace. In 2017, we began our first Unhoused Safe Park transitional housing model in collaboration with the City of Morgan Hill, the Interfaith Community of South County, and Morgan Hill Bible Church, which provides eight households with a safe place to live while working toward making a lasting transition to affordable housing. Residents have access to on-site restrooms, showers, laundry and meals, as well as clothing, mail delivery and other supplies and services to fulfill their needs. The communal environment gives people a chance to better their social skills and parenting practices, and offer support and encouragement to each other. Households meet weekly with case managers to register for services, build job skills, and follow a customized plan to make them likely to sustain a permanent residence once they attain one. To-date, 58% of participants have transitioned to permanent housing—with 9 safe park residents achieving this ultimate goal since September 2020. Applicant Firm Qualifications (2 of 9) Page 4 of 27 10.A.a Packet Pg. 340 Attachment: Gilroy Safe Parking Program Proposal - South County Compassion Center (3478 : RFP - Safe Parking Program) For every one unhoused person who finds housing, three more lose their homes. That’s why we aim to stop homelessness before it starts, by providing emergency rental assistance and housing retention case management. In spring of 2021, we began our Emergency Rental Assistance Program in partnership with Destination: Home. Our case management team works with tenants and their landlords to apply for, review, and renew requests for emergency rental assistance through the Santa Clara County’s Homeless Prevention System Program. We also advocate with landlords on their tenants’ behalf to encourage participation in the program, and cooperation with their tenants, in order to keep the tenants in their homes. By the end of 2021, our goal is to keep at least 70 families in their homes, and thereby decrease additional unhoused families in our community by the same amount. Years of Operation South County Compassion Center, formally Gilroy Compassion Center, has provided services for the local unhoused community since 2011. Organization and Management Structure As a nonprofit 501(c)3, our organization is comprised of a six-person board of directors, with a President, Vice President, Secretary, Treasurer, and other board members. The board oversees the staff leadership, led by the Executive Director who oversees the management staff, led by the Lead Case Manager who directs case management services for all programs, including resources referrals. The Lead Case Manager oversees three case managers and the Outreach Manager, who directs the basic needs service delivery provided by the Outreach Coordinator, and volunteers. Up to eight volunteers provide assistance for delivery of some of the basic needs services through our Outreach program. Years of Operation as a 501(C)3 Organization serving Unhoused Individuals South County Compassion Center has provided services for the local unhoused community as a 501(C)3 Organization since 2011. Former Organizational Naming South County Compassion Center formally operated as Gilroy Compassion Center from 2011 to December 2020, at which time the organization’s name was formally changed to the current name. Applicant Firm Qualifications (3 of 9) Page 5 of 27 10.A.a Packet Pg. 341 Attachment: Gilroy Safe Parking Program Proposal - South County Compassion Center (3478 : RFP - Safe Parking Program) Years of Safe Parking Program Experience We have continuously operated our first Safe Parking Program at the Morgan Hill Bible Church since 2017. Outreach and Service Delivery Methods Compassion Center provides for the immediate basic needs of South Santa Clara County unhoused residents, primarily in Gilroy, by delivering basic needs services, three-days-a-week, directly to residents where they live through our Encampment Outreach program. We also provide convenient biweekly sites where residents can access additional basic services via our Unhoused Popup Marketplaces, such as medical care, showers, laundry and clothing. Our case management and resource referral services are delivered at our offices, via appointment, or at the encampments or Popups if necessary. We provide outreach to inform the unhoused community of the availability, and process for accessing, our services through a variety of channels including canvassing the encampments with flyers, word-of-mouth, social media channels frequented by the unhoused community, and through partner agency referrals, and the Santa Clara County’s Office of Supportive Housing. Prior Agreement Default, Contract Termination, Lawsuit and/or Dispute The South County Compassion Center, neither under its current or former name, has ever defaulted under any agreement which resulted in the termination of the agreement, nor been the subject of any lawsuit, nor any unresolved contractual claim or dispute. Applicant Firm Qualifications (4 of 9) Page 6 of 27 10.A.a Packet Pg. 342 Attachment: Gilroy Safe Parking Program Proposal - South County Compassion Center (3478 : RFP - Safe Parking Program) Financial Statement FY 2020-2021 (July 1, 2020 to June 30, 2021) Income Contributed Income - Restricted Corporate 17,763.06 Foundations 11,375.00 Individual 109,011.00 Total Contributed Income - Restricted $ 138,149.06 Contributed Income - Unrestricted Corporate 109,510.74 Individual 116,824.91 Total Contributed Income - Unrestricted $ 226,335.65 Grant Income Foundations 23,660.91 Government 408,608.24 Other Grant Income 15,950.00 Total Grant Income $ 448,219.15 Miscellaneous Revenue 20.00 Program Income Almost Home 1,150.00 Restricted Corp. Income (Coats) 650.00 Restricted Individual Income (Coats) 375.00 Winter Shelter 7,199.61 Total Program Income $ 9,374.61 Unapplied Cash Payment Income -3,282.37 Total Income $ 818,816.10 Gross Profit $ 818,816.10 Expenses Administrative Costs 50.00 Communication Costs 2,620.79 Insurance Costs 91.00 Insurance - Automobile 3,108.94 Property Insurance 553.00 Total Insurance Costs $ 3,752.94 Applicant Firm Qualifications (5 of 9) Page 7 of 27 10.A.a Packet Pg. 343 Attachment: Gilroy Safe Parking Program Proposal - South County Compassion Center (3478 : RFP - Safe Parking Program) Office Costs Bank Service Charges 10.00 Dues & Subscriptions 1,222.90 Government Fees 125.00 Office Expense 150.00 Office Supplies 12,905.70 Postage, Mailing Service 110.00 Volunteers 1,667.82 Total Office Costs $ 16,191.42 Professional Services 2,900.00 Legal & Professional 13,550.00 Total Professional Services $ 16,450.00 Recruiting 485.92 Van Expenses DMV Fees -145.00 Fuel 592.06 Repairs & Maintenance 4,489.42 Total Van Expenses $ 4,936.48 Total Administrative Costs $ 44,487.55 Covid Testing/Supplies 3,565.88 Facility Costs 4,908.25 Maintenance and Repairs 5,323.96 Pest Control 242.00 Total Maintenance and Repairs $ 5,565.96 Rent 14,564.50 Rent 35,654.20 Storage 1,411.00 Total Rent $ 51,629.70 Utility Costs 6,850.91 Total Facility Costs $ 68,954.82 Fundraising Costs 1,783.54 Advertising and Promotional 514.82 Total Fundraising Costs $ 2,298.36 Payroll Expenses $ 14,410.48 Personnel Costs Payroll - CDBG 15,408.75 Payroll - COVID 9,527.73 Payroll - FOCUS 23,958.02 Applicant Firm Qualifications (6 of 9) Page 8 of 27 10.A.a Packet Pg. 344 Attachment: Gilroy Safe Parking Program Proposal - South County Compassion Center (3478 : RFP - Safe Parking Program) Payroll - GCC 52,910.07 Payroll - HEAP 165,925.72 Payroll - PTO 4,437.24 Payroll Related Expenses 12.00 Employee Recognition 206.95 Taxes-Employer 15,494.78 Worker's Compensation 21,078.68 Total Payroll Related Expenses $36,792.41 Total Personnel Costs $308,959.94 Program Services Costs Day Center $71,197.09 Payroll Expenses $14,410.48 Gift Cards for Clients 76.25 Holiday Celebration 70.28 Restricted Expense (Coats) 190.72 Tiny Home Website 1,000.00 Total Tiny Home $ 1,000.00 Total Program Services Costs $ 72,534.34 Property Taxes - 4000 SF RD 19,821.44 Total Expenses $ 535,032.81 Net Operating Income $ 283,783.29 Other Income Total Investment Revenue $ 76.40 Total Other Income $ 94.18 Other Expenses Gain/Loss on sale/removal of FA -1,200.00 Other Miscellaneous Expenditure 1,091.20 Total Other Expenses -$ 108.80 Net Other Income $ 202.98 Net Income $ 283,986.27 Applicant Firm Qualifications (7 of 9) Page 9 of 27 10.A.a Packet Pg. 345 Attachment: Gilroy Safe Parking Program Proposal - South County Compassion Center (3478 : RFP - Safe Parking Program) Balance Sheet FY 2020-2021 (July 1, 2020 to June 30, 2021) ASSETS Current Assets Bank Accounts Total Restricted $ 256,061.35 Unrestricted Business Savings 3677 2,003.59 Pinnacle Bank 1658 242,867.15 Total Pinnacle Bank 1658 $ 302,012.74 Total Unrestricted $ 304,016.33 Total Bank Accounts $ 560,585.82 Accounts Receivable Total Accounts Receivable $ 4,265.08 Other Current Assets Total Repayment -$ 241.20 Total Other Current Assets $ 3,563.80 Total Current Assets $ 568,414.70 Fixed Assets Furniture and Equipment 21,876.75 Accumulated Depreciation - F & E -8,152.00 Total Furniture and Equipment $ 13,724.75 Leasehold Improvements 95,706.01 Accumulated Amortization - LI -15,185.00 Total Leasehold Improvements $ 80,521.01 San Felipe RV Project 5,213.25 Land - San Felipe 1,406,998.60 Land Improvement 55,109.40 Total San Felipe RV Project $ 1,467,321.25 Vehicles 38,708.99 Accumulated Depreciation - Veh -968.00 Total Vehicles $ 37,740.99 Total Fixed Assets $ 1,599,308.00 TOTAL ASSETS $ 2,167,722.70 Applicant Firm Qualifications (8 of 9) Page 10 of 27 10.A.a Packet Pg. 346 Attachment: Gilroy Safe Parking Program Proposal - South County Compassion Center (3478 : RFP - Safe Parking Program) LIABILITIES AND EQUITY Liabilities Current Liabilities Accounts Payable Total Accounts Payable $ 3,153.47 Other Current Liabilities Deferred Revenue Total Deferred Revenue $ 59,145.59 Payroll Liabilities Total Payroll Liabilities $ 3,017.13 PPP Loan (5-6-20) 12,565.88 Total Other Current Liabilities $ 74,728.60 Total Current Liabilities $ 77,882.07 Total Liabilities $ 77,882.07 Equity Net Assets Restricted Net Assets 216,797.30 Unrestricted Net Assets 1,638,499.96 Total Net Assets $ 1,855,297.26 Retained Earnings 9,603.44 Net Income 224,939.93 Total Equity $ 2,089,840.63 TOTAL LIABILITIES AND EQUITY $ 2,167,722.70 Applicant Firm Qualifications (9 of 9) Page 11 of 27 10.A.a Packet Pg. 347 Attachment: Gilroy Safe Parking Program Proposal - South County Compassion Center (3478 : RFP - Safe Parking Program) PO Box 233, Gilroy, CA 95021 PROPOSAL NARRATIVE Project Description The South County Compassion Center proposes to manage a safe parking program to host up to fifteen families with the purpose of providing them a safe place to live in their vehicles, or a supplied trailers or tiny homes, while they actively work toward making a lasting transition into affordable housing that they can sustain on their own. Site Acquisition: We will identify and secure access to a property on which to host the parking program site, and meet all the “Site Requirements” outlined in the City’s Safe Parking Program RFP. We will also coordinate all improvements and maintenance necessary to ensure that the facility is fully operational in accordance with programmatic requirements. Improvements may also include additional mobile structures which provide shelter for participants instead of relying on their transportation vehicles. We expect to secure a sight for zero cost, via a donor site host. Infrastructure: We will hire WeHope, which currently provides our mobile shower and laundry facilities, and operates several Safe Parking Programs throughout California. We plan to enlist them to provide laundry, shower and bathroom facilities for the site program participants. WeHope will also maintain and upgrade these facilities as required. Further, we may include trailers donated by the County of Santa Clara as shelter for larger families for whom their vehicle wouldn’t accommodate them. Case Management: Our Safe Park case manager will carefully vet each prospect, providing background screening and assessment of their likelihood of succeeding in the program. Each resident will receive up to two hours per week of one-on-one case management, where they work toward specific goals designed to increase their ability to maintain housing. Examples of these objectives include employment training, financial literacy, debt management, saving for a deposit, psychological counseling, legal assistance, parental training, housing referrals, and more. Many Proposal Narrative (1 of 7) Page 12 of 27 10.A.a Packet Pg. 348 Attachment: Gilroy Safe Parking Program Proposal - South County Compassion Center (3478 : RFP - Safe Parking Program) participants are ready to take their next step toward housing in only a few months, when a unit becomes available. The case manager meets with the Safe Parking Program manager weekly to review progress of each resident and adjust their plans accordingly. Site Management: We will contract with WeHope to supply site managers to monitor the site 24 hour-a-day, seven-days-a-week. The site manager will be responsible for overseeing all the residents, helping to keep the site clean and well-stocked with supplies, and addressing any needs or concerns related to maintenance, participant Safe Park policy compliance, security issues, or other problems as they arise. Site Security: Site security will be provided by Bannerman Security. A trained, unarmed security guard will be provided at night 13 hours/day seven days/week, within a fenced parking lot. Security shall ensure that participants park their vehicles within the defined boundaries of the Safe Parking Program at all times, report violations to the site manager, and call the police for any issues deemed threatening to person or property. Additionally, Compassion Center will install security cameras to record all activity within the safe parking site, which will be monitored by the site manager. Other Support: We will also supply the basic needs for each resident, including supplemental food, clothing, hygiene kits, and mail delivery. We will also invite partner organizations to support our residents with special fundraising events, meals, holiday giving events, and other ways that make our residents feel like they are part of our community. Outreach/Participant Recruitment: We will promote the program to likely participants through our own case management referrals, and through our network of partner providers. In addition, we will generate a list of likely candidates, and qualify their fit for the program Program Objectives The primary goal of the program is to provide a safe space for participants to actively work toward building their capacity to acquire and sustain housing. To achieve this, we have identified three primary objectives of the program: Proposal Narrative (2 of 7) Page 13 of 27 10.A.a Packet Pg. 349 Attachment: Gilroy Safe Parking Program Proposal - South County Compassion Center (3478 : RFP - Safe Parking Program) 1. By the end of the first year of the program, at least 50% of participants exiting the program will have found interim or permanent housing. 2. By the end of the first year of the program, at least 60% of participants exiting the program will have achieved their primary case management goals. 3. By the end of the first year of the program, 100% of participants will have an updated vulnerability assessment—also known as the Vulnerability Index - Service Prioritization Decision Assistance Tool (VI-SPDAT) entered into the Homeless Management Information System (HMIS)—to determine their risk and prioritization for housing from which housing providers source new candidates. Tasks and Activities Site Acquisition Tasks: • Contingent on the City’s approval of the site, identify and secure lease agreements, use agreements, and all permits. • Ensure all other compliance requirements, per the “Site Requirements” outlined in the City’s Safe Parking Program RFP. Draft Program Materials: • Draft program procedures guide, policy, reporting and application documents, along with participant rules/responsibilities agreements. Staff Hiring and Training: • Train Lead Case Manager for Program Management role. • Hire Case Manager and provide training. • Hire Site Manager and provide training. Infrastructure: • Hire WeHope to provide laundry, shower, bathroom facilities, electricity and site maintenance for the site program participants. • Create and sign contracts with Recology for garbage service. Site Security: • Create and sign contracts with Bannerman Security to provide on-site after-hours security. Proposal Narrative (3 of 7) Page 14 of 27 10.A.a Packet Pg. 350 Attachment: Gilroy Safe Parking Program Proposal - South County Compassion Center (3478 : RFP - Safe Parking Program) Outreach: • Promote the program to likely participants through our own case management referrals and through our network of partner providers. • Generate a list of likely candidates, and qualify their fit for the program. New Applicant Vetting/On-boarding: • Review applications and interview applicants for suitability for the program and likelihood to cooperate with program rules. • Provide orientation of site facilities, and have new applicants sign rules documents, and set case-plan goals. Case Management: • Create case plans for each participant with identifiable goals and timelines, list specific steps required to reach goals, set weekly meetings to review progress, assist with overcoming obstacles, adjust plans as required, and set next tasks. • The case manager meets with the Safe Parking Program manager weekly to review progress of each resident and adjust their plans accordingly. Program Exit: • Either through successful transition to housing, or forced program exit, exiting participants will be systematically guided from the facility, and provided resources to help facilitate their transition toward housing or shelter. Site Maintenance: • All maintenance issues will be reported by the site manager to the program manager, and remedied by WeHope and the appropriate maintenance provider. Reporting: • Monthly reports provided to the City Manager’s office and will include quantifiable data, and progress summaries for each participant. Proposal Narrative (4 of 7) Page 15 of 27 10.A.a Packet Pg. 351 Attachment: Gilroy Safe Parking Program Proposal - South County Compassion Center (3478 : RFP - Safe Parking Program) Measuring Success To measure the success of reaching our stated program objectives, all of the following will be tracked, and assessed: 1. Count the verifiable number of exited participants who have found interim or permanent housing within the first year and divide this number by all those who have exited the program for any reason within the first year. If, at the end of the first year, this number is greater than 50%, then this first objective has been met. 2. Count the verifiable number of exited participants who have met their stated program goals—as listed in their case plans— within the first year and divide this number by all of those who have exited the program within the first year. If, at the end of the first year, this number is greater than 60%, then this second objective has been met. 3. Count the verifiable number of program participants who have received a ViSPDAT assessment, as recorded in their HMIS record, within the first year, and divide this number by all those who have entered the program within the first year. If, at the end of the first year, this number is 100%, then this third objective has been met. Timeline of Activities Site Acquisition Tasks: October 5, 2021 — December 31, 2021 (contingent on City’s approval of permits and site location) Draft Program Materials: October 5, 2021 — November 30, 2021 Staff Hiring and Training: October 5, 2021 — February 28, 2021 Infrastructure: January 1, 2022 — February 28, 2022 Site Security On-boarding (Contract & Training): January 1, 2022 — February 28, 2022 Proposal Narrative (5 of 7) Page 16 of 27 10.A.a Packet Pg. 352 Attachment: Gilroy Safe Parking Program Proposal - South County Compassion Center (3478 : RFP - Safe Parking Program) Participant Outreach: January 1, 2022 — October 4, 2022 (ongoing) New Applicant Vetting/On-boarding: Vetting: January 1, 2022 — October 4, 2022 (ongoing) Onboarding: March 1, 2022 — October 4, 2022 (ongoing) Case Management: March 1, 2022 — October 4, 2022 (ongoing) Program Exit: March 1, 2022 — October 4, 2022 (ongoing) Site Maintenance: March 1, 2022 — October 4, 2022 (ongoing) Reporting: April 1, 2022 — October 4, 2022 (ongoing) Organizational Capabilities In 2017, we launched our current Morgan Hill Safe Park Program at the Morgan Hill Bible Church (MHBC). We helped secure part of the infrastructure—a tiny home, and a shower and laundry unit, built with a retrofitted steel container, in collaboration with the San Jose Engineering Department. We developed the case management programing, vetted all participants, provided weekly case meetings, and helped secure housing for 58% of program participants since inception. Additionally, we collaborated with interfaith groups to provide volunteer support. We continue to provide regular progress reports, and monthly update meetings to the MHBC leadership, volunteer participants, and the City of Morgan Hill housing staff. We have sought feedback from all of these groups to make improvements to the program. With input from all program partners, we have created a written procedures document, and are actively seeking similar partnerships in the City of Gilroy Our presentations to the Gilroy City Council’s Unhoused Ad Hoc Committee advocating for the adoption of a measure to facilitate the creation of a City-funded Safe Park Program, for which this RFP was created, is part of that effort. Proposal Narrative (6 of 7) Page 17 of 27 10.A.a Packet Pg. 353 Attachment: Gilroy Safe Parking Program Proposal - South County Compassion Center (3478 : RFP - Safe Parking Program) Outreach Plan Our outreach plan will include dissemination of program information, application materials, and program inquiry contact information to homeless services providers, and other organizational and local government partners, as well as our own case management staff. We will reach out to everyone who might interact with likely participants who are unhoused, qualify for the program, and show an interest and ability to actively participate in case management services. Other local homeless services providers would include the Armory Cold Weather Shelter attendees, St. Joseph’s Family Service Agency, and Carry the Vision. As we have for our Morgan Hill Safe Park Program, we would also partner with those providers serving Santa Clara County, to facilitate referrals for qualified unhoused Gilroy residents whom they currently serve. We would also connect with local schools, colleges and houses of worship to facilitate referrals for any qualifying unhoused families in need. We will leverage our ongoing partner relationships with the County’s Office of Supportive Housing, as well as County-wide housing and support service providers for referral services, including mental health treatment, job-training, legal services, etc. Collaborative Program Partners While we will contract with other agencies, suppliers and providers, we are not entering into a collaborative partnership with any of them to be bound by our agreement with the City of Gilroy for this Safe Parking Program. The South County Compassion Center is the sole entity bound by any agreement with the City of Gilroy. Partnership with City and Local Providers Serving the Homeless As we have at our Morgan Hill Safe Park Program, we will provide City of Gilroy staff with regular program progress reports, and host monthly update meetings where we will share progress, programmatic challenges, and seek input, guidance and oversight. We will also provide the same for our local service provider partners, interfaith groups, and volunteer supporters. We will invite, and make available, regular site visits by City staff. By maintaining program transparency and a cooperative relationship with all interested parties, our goal is to not only promote wide-spread support from other donors, volunteers, and allies, but also encourage a continuation of, and possible expansion of, this program beyond the first year with replication at other sites. Proposal Narrative (7 of 7) Page 18 of 27 10.A.a Packet Pg. 354 Attachment: Gilroy Safe Parking Program Proposal - South County Compassion Center (3478 : RFP - Safe Parking Program) PO Box 233, Gilroy, CA 95021 STAFFING PLAN AND QUALIFICATIONS Staffing Plan Position Title Full- time/ Part- time Position Title Qualifications, Credentials, Education, etc. General Responsibilities Executive Director FTE Executive Director Nonprofit Professional with 10 year’s experience, BA in Advertising, Certificate in NPO management Overseeing all program activities with support from program managers— planning, implementation, measuring and evaluating on-going progress toward goals, and adapting program design. Safe Park Program Manager FTE Lead Case Manager - Safe Park Program Manager More than 20 year’s experience in case management with local homeless providers, 65 Hour Domestic Violence Certification, Personal Emergency Preparedness Training, 2019 Cultural Competency Training Oversees all daily activities at the Safe Park Program including management of Program staff, process and site- management oversight. Reports to the Executive Director. Safe Park Case Manager FTE Case Manager – Safe Park Case Management trained, experience with formally incarcerated men, and three year’s case management experience at two organizations. Supporting lead case manager with client assessment and referral activities including VISPDAT enrollment/updating, on-going resource assessment and referral. Reports to Lead Case Manager. Volunteer Qualifications No volunteers will be utilized to implement the program. Specific volunteer groups from the local interfaith groups, who have supported Compassion Center programs in the past, will provide weekly meals to program participants. Staffing Plan and Qualifications (1 of 2) Page 19 of 27 10.A.a Packet Pg. 355 Attachment: Gilroy Safe Parking Program Proposal - South County Compassion Center (3478 : RFP - Safe Parking Program) ORGANIZATION CHART — South County Compassion Center Mike Beasley Board Chair Steve Tate Board Vice Chair Dale Cooper Director David Fissel Director Tim Davis Executive Director Outreach Manager (to be hired) Rachel Sanchez-Parodi Treasurer Josie Mejia Case Manager – Prevention Juliana Padilla Case Manager – Safe Park Evangeline Mata Lead Case Manager Outreach Coordinator (to be hired) Angelina Valverde Case Manager - Outreach Laura Guio Director Staffing Plan and Qualifications (2 of 2)Page 20 of 2710.A.aPacket Pg. 356Attachment: Gilroy Safe Parking Program Proposal - South County Compassion Center (3478 : RFP - Safe Parking Program) PO Box 233, Gilroy, CA 95021 SAFE PARKING RFP BUDGET Personnel Costs Funding Request * Provider Match Total Program Description (included benefits, insurance & taxes) Executive Director (10% FTE) $48.08/hr $ 8,167 $ $ 8,167 Program Director (40% FTE) $31/hr $ 21,063 $ $ 21,063 Case Manager (80% FTE) $26/hr ** $ 35,332 $ $ 35,332 Site Managers (420% FTE) $20/hr *** $ 138,366 $ $ 138,366 Total Personnel Costs $ 202,929 $-$ 202,929 Operating Costs Description Utilities (Garbage Collection) $ 6,006 $-$ 6,006 Portable Generator (55KW Towable) $ 10,500 $-$ 10,500 Portable Restroom Rental $ 5,285 $-$ 5,285 Portable Restroom Servicing $ 21,560 $-$ 21,560 RV Tank Extracting (If needed) ** $ 4,200 $-$ 4,200 Shower and Laundry Services $ 54,040 $-$ 54,040 Security - 91 hours/week unarmed $ 132,496 $-$ 132,496 Office Supplies $ 1,200 $-$ 1,200 Funding Agreement Services $ 800 $-$ 800 Program Supplies (for 15 Families) ** $ 12,000 $-$ 12,000 Site Supplies ** $ 4,200 $-$ 4,200 Travel $ 550 $-$ 550 Insurance $ 1,225 $-$ 1,225 Background Checks ($30/applicant) ** $ 750 $-$ 750 Staff Training $ 1,400 $-$ 1,400 Lot Maintenance ** $ 5,250 $-$ 5,250 Licensing/registration $ 196 $-$ 196 Total Operating Costs $ 261,658 $-$ 261,658 SUBTOTAL For Service $ 464,587 $-$ 464,587 Indirect Costs at 10% $ 46,459 $-$ 46,459 Total Budget $ 511,046 $-$ 511,046 Budget (1 of 2) Page 21 of 27 10.A.a Packet Pg. 357 Attachment: Gilroy Safe Parking Program Proposal - South County Compassion Center (3478 : RFP - Safe Parking Program) * We may be able to secure partial funding, and if awarded the contract, we will pursue supplemental funding from a variety of sources. However, securing this funding may take some time, and if critical to a contract award, will push back the timeline outlined in this proposal. ** All of these items are “not-to-exceed” figures, and are either contingent on the number of participants residing at the site, or based on incidents of need (i.e. “Lot Maintenance” and “RV Tank Extracting”). *** Site managers, provided by WeHope, will provide 24/7 oversight of the Safe Parking program. If the rules require that residents leave during the day, as we have required for our Morgan Hill Safe Park program participants, except during COVID-19 protocols requiring a “Shelter-in-Place” scenario, then this cost would be proportionately reduced. Also, we believe that the site managers, who are the eyes and ears of the Safe Park Program, could manage any security issues, and negate the need for the “Security” line item. Budget (2 of 2) Page 22 of 27 10.A.a Packet Pg. 358 Attachment: Gilroy Safe Parking Program Proposal - South County Compassion Center (3478 : RFP - Safe Parking Program) PO Box 233, Gilroy, CA 95021 PERFORMANCE MEASURES AND REPORTING Numbers Served We expect to serve an average of 20 individuals on a daily basis once the program launches on March 1, 2021. This number is derived from the 2019 Point-in-time count, which indicates that there are over 700 unhoused individuals residing in Gilroy. Based on our experience serving these individuals since 2011, roughly 10% would qualify. According to the latest Point-in-time count there are approximately 161,548 unhoused people living in California, and approximately 16,500 (or 10%) of these people live in cars. Data Tracking We track all our data through the County-wide Homeless Management Information System (HMIS), which includes an individual’s demographic data. Almost every unhoused individual we serve has a record in this system. For those who do not, we create one for them, and update this information once per year. We also use this system to track every service provided to them, as other agencies track their services here as well. In addition, we use this system to report the summary demographic data of those we serve, as well as the services provided to them. We are the only Santa Clara County Service Provider to use this system to track and report on all our services provided to all of our government, and institutional funders. Client Record-keeping We record all client records into the HMIS system, mentioned above. All of our service provider staff has been trained on this system, and follow the protocols for consistent record entry, updating, and client confidentiality. Reporting Examples We provide detailed programmatic progress reports to utilize the HMIS system for reporting to our primary government funders. For the Homeless Housing Assistance Performance Measures and Reporting (1 of 2) Page 23 of 27 10.A.a Packet Pg. 359 Attachment: Gilroy Safe Parking Program Proposal - South County Compassion Center (3478 : RFP - Safe Parking Program) Grant (HHAP), funded by the state of California, and managed by the County of Sana Clara County, we report the progress of our basic needs and case management program goals for unduplicated numbers served on a monthly basis, and also specific services on a quarterly and annual basis. We have done this for the past three years. For our Housing Trust Fund, and Community Development Block Grant (CDBG), grants funded by HUD and managed by the City of Gilroy, we report on similar services, and goals, and also provide demographic data for those we serve, and have done so since 2017. Performance Measures and Reporting (2 of 2) Page 24 of 27 10.A.a Packet Pg. 360 Attachment: Gilroy Safe Parking Program Proposal - South County Compassion Center (3478 : RFP - Safe Parking Program) PO Box 233, Gilroy, CA 95021 REFERENCES Dirk Caudill Retired Morgan Hill Bible Church Safe Park liaison and founding partner in pilot program dirk@cftholdings.net (909) 630-6410 Rebecca Garcia Housing Director City of Morgan Hill Grant Funder of Morgan Hill Safe Park Program Rebecca.Garcia@morganhill.ca.gov (408) 607-0918 Janessa Villarruel Consultant Founding Former Program Manager of the Morgan Hill Safe Park Program janessasv@gmail.com (408) 5588-710 Page 25 of 27 10.A.a Packet Pg. 361 Attachment: Gilroy Safe Parking Program Proposal - South County Compassion Center (3478 : RFP - Safe Parking Program) PO Box 233, Gilroy, CA 95021 CONFLICT OF INTEREST STATEMENT The South Couth Compassion Center, nor its staff or board, have any financial, business, or other relationship with the City that may have an impact upon the outcome of this contract. Furthermore, we are in complete compliance with Government Code section 1090. Page 26 of 27 10.A.a Packet Pg. 362 Attachment: Gilroy Safe Parking Program Proposal - South County Compassion Center (3478 : RFP - Safe Parking Program) PO Box 233, Gilroy, CA 95021 CONTRACT COMMENTS OR REQUESTED CHANGES Regarding the City’s standard professional services contract, included as Attachment B of the RFP, we request the following changes: • For Article 4-C, please add the following: “"If no mutual agreement can be reached, then either party may bring a legal action as deemed necessary." • We would ask that similar language found in Article 5-C—"(which approval [acceptance] shall not be unreasonably withheld)”—be included also in Article 5-B, to read “…. agrees to hold harmless, defend with counsel acceptable to CITY (which acceptance shall not be unreasonably withheld)”, and to 5-E, to read “…without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion (which consent shall not be unreasonably withheld).” • In order to maintain consistency with the time allotment for remedies described in Articles 4-B (10 days for the Contractor) and 4-C (30 days for the City), please change Article 4-B to read “…CONTRACTOR shall reimburse CITY, within thirty (30) days…” • For Exhibit A, Article V-D, please add the following: “Notwithstanding the above, for clarity sake, information can be shared by CONTRACTOR with advisors (e.g., legal counselors) to CONTRACTOR as it deems necessary to perform or address potential disputes under the Agreement.” Assuming there is agreement between City and Contractor on the content that will fill those blank, or incomplete sections, we have no additional objections, nor changes to request. Page 27 of 27 10.A.a Packet Pg. 363 Attachment: Gilroy Safe Parking Program Proposal - South County Compassion Center (3478 : RFP - Safe Parking Program) City of Gilroy STAFF REPORT Agenda Item Title: Awarding a One-Year, Work Order Contract with Two, One-Year Extension Options for Homeless Encampment Cleanup and Illegal Dumping to US Ecology for a Not-to-Exceed Amount of $100,000; and Adopt a Resolution Amending the Fiscal Year (2022) Budget Meeting Date: October 4, 2021 From: Jimmy Forbis, City Administrator Department: Administration Submitted By: Jimmy Forbis Prepared By: Jimmy Forbis Strategic Plan Goals ☐ Develop a Financially Resilient Organization  Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION 1. Award a one-year, work order contract with two, one-year extension options for homeless encampment clean-up and illegal dumping to US Ecology for a not-to- exceed amount of $100,000 and authorize the City Administrator to execute the agreement. 2. Adopt resolution amending the FY 2021-2022 adopted budget to appropriate $100,000 from the General Fund (100) utilizing the American Rescue Plan Act funds for this work. BACKGROUND In September of 2020, the City Council created the Unhoused Ad -Hoc Committee (UHAC) to develop recommendations on addressing the impacts of homelessness. The 10.B Packet Pg. 364 UHAC developed a list of 12 recommendations for the City Council to consider, and the Council ultimately approved 14. One of these adopted recommendations was to secure a mobile garbage removal service/program. It was made into a priority by the UAHC, one of five initial priorities. It was selected as the second priority item. Staff prepared a request for proposals (RFP) for potential contractors to provide cleanup services for homeless encampments and illegal dumping. The RFP was issued on July 27, 2021. The deadline for submittals was August 27, 2021. Three bids were received, and a team of three staff members scored the proposals . ANALYSIS Review Committee Evaluation and Scoring Below is a table showing the total scores from the evaluation team for the three vendors, with a maximum total score of 300 being possible: Proposal Evaluation Score US Ecology 282 Clean Harbors 273 Service Master Restore/Sharjo Inc. 228 US Ecology scored the highest in the combined scoring of the evaluation team. Their experience includes homeless encampment cleanups for the City of San Jose, Caltrans, and utility and railroad companies. Overall, raters identified that US Ecology’s proposal features all in-house staff and resources, administers their own waste treatment and disposal sites, and has agreed to the terms of the City’s standard contract without any requested changes. Other proposals carried larger costs when looking at consistent labor prices, specifically supervisors/foreman as entitled by their proposals, as well as having overhead rates and hidden costs in small text, and higher equipment cost rates. Additionally, the other proposals had use of subcontractors, had varying levels of experience, with less related directly to homeless encampment cleanups, and stated that changes would be needed to the City’s standard agreement form. Fiscal Analysis 10.B Packet Pg. 365 The company sent a list of their homeless encampment cleanups, including the total cost amount of their various clean-ups. Although their information did not provide tonnage for each clean-up, there was a common range of cost totals, with a few that were atypically high. Of the 51 cleanup projects cited, the average cost was $14,800 per clean-up project. If allocated the $100,000 proposed, then a total of between six and seven encampment cleanups could take place during the year, assuming the average holds true. Removing four of the larger outlier price amounts from the list (assuming they were large cleanup events, atypical in amount from the majority of their project history) results in an average cost of $5,560 per cleanup, allowing approximately 17 to 18 cleanup events. Overall, there may be between six and eighteen cleanup events possible, adjusting for the size and cost of each cleanup event. This level of variability is typical in work order based contracts, as each work order will vary in level of resources to complete the task. Staff will be monitoring with the initial work orders to better project and plan the work under this contract based on experience with the contractor, and the level of work each cleanup requires. A lot of the cost will be driven by the conditions present at the sites in Gilroy, and per cleanup costs may deviate in either way, compared to prior encampm ent cleanups the recommended firm has reported. Operational Analysis Staff would likely call for the vendor awarded this contract to accomplish those projects where the size and/or complexity of the cleanup of garbage would exceed both staff and local service provider capabilities, or where City staff is unable to provide or coordinate the service directly for more minor to moderate cleanup projects. The contract may also be used to assist the City in performing any required cleanup activities related to the memorandum of understanding currently in early development between the City and the Santa Clara Valley Water District (Valley Water) regarding homeless encampment cleanups. Additionally, staff will be seeking to arrange for the company to do regular eva luations of hot spots in the City where refuse tends to collect and then arrange for cleanup. Depending upon the final cost of that work order, then the number of large cleanups may be reduced in favor of smaller, more regular cleanup activities. Staff intends to use this contract as one component in a multiple -level approach towards addressing litter, garbage and other refuse in the public areas of the City. Staff will continue to support the Street Team, as well as engage with other local providers and resources that may become available to take on such tasks. These resources would ideally be utilized for the more basic and frequent projects, while using this proposed contract for the complex, less frequent, and more environmentally sensitive cleanup projects. 10.B Packet Pg. 366 Finally, staff will continue to work with our refuse hauler, local service agencies, and other non-profits and community groups for community cleanup days, both as one of the recommendations in the UAHC list, but also to help reduce refuse in the comm unity and lessen the impacts on public health of homeless encampments, illegal and incidental garbage. ALTERNATIVES Council may also: 1. Reject the bids and authorize re-bidding. This alternative would essentially restart the search for a vendor and may be used to modify the services. If Council were to decide to rebid the service, the nature of any changes in the bidding process or deliverables for the contract would need to be stated to staff. Staff would then re-issue an RFP scoped to meet the intents of the Council if the proposal is not acceptable. 2. Reject the bids and direct staff to work more at developing a program with local entities only. Council may also reject the bids, and direct staff to work more at developing local service solutions with the local unhoused service organizations and other community groups. 3. Accept the bid but award at a different level of funding. Council may direct less or more funding to be allocated for this effort. Based on the approval level of Council, staff would then limit the projects to be within the adopted level of authority. FISCAL IMPACT/FUNDING SOURCE The identified funding source would be part of the American Rescue Plan Act (ARPA) funds for the first year. At the May 21, 2021 Council Meeting, the City Council identif ied in the conceptual funding plan up to $300,000 for other activities, which included addressing homelessness, among other activities such as infrastructure and housing. If approved at the proposed funding level, staff recommends also adopting a related budget amendment resolution amending the FY22 adopted budget to appropriate the $100,000 for this work. Because this is a work order contract, the impact will only be the amount based on specific clean-up projects authorized by staff, not exceeding the total contract amount in the first year. If there are fewer uses of the contractor, the total impact may be less than the fully authorized amount. Additionally, use of the $300,000 in ARPA funds was not included in the Adopted Fiscal Year 2021-22 Budget. The approach in appropriating these funds is to obligate them at the time the portion of their use is recommended to the City Council. As such, a resolution authorizing an increase in the adopted budget of $100,000 in the General Fund (where the ARPA funds reside) has been included as a recommended action. These funds would pay for the contractual services proposed by this contract award. 10.B Packet Pg. 367 CONCLUSION The health conditions in homeless encampments and the community-at-large are adversely impacted by the presence of garbage left on the ground in the encampments and throughout the City’s public areas. Private property owners are responsible to keep refuse and garbage off their properties and are enforced through Code Enforcement activities. The City is tasked to keep the public rights-of-way and municipal-controlled properties clear of refuse within the limits of its resources. This contract, if approved, would aid the City by providing an additional, operational resource for the City to use in addressing garbage removal from the public areas of the City, and augment other efforts for cleanup projects and helping to address the impacts of homelessness. NEXT STEPS Once the contract is awarded, staff will evaluate the City for clean-up activities. The work will be coordinated based on the operational needs of the City, in addition to the possible MOU with Valley Water. Attachments: 1. Budget Amendment Resolution - US Ecology 10042021 2. Draft Agreement for Service - US Ecology 10.B Packet Pg. 368 RESOLUTION NO. 2021-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE ADOPTED BUDGET FOR FISCAL YEAR 2021-2022 TO APPROPRIATE $100,000 FROM THE GENERAL FUND (100) FOR THE HOMELESS ENCAMPMENT AND ILLEGAL DUMPING CLEANUP WHEREAS, the City Council adopted a budget for the City of Gilroy for the Fiscal Year 2021-2022 on June 7, 2021; and WHEREAS, City Staff has prepared and submitted to the City Council, in the staff report dated October 4, 2021, a proposed amendment to said budget for Fiscal Year 2021-2022. The purpose of such amendment is to appropriate $100,000 for homeless encampment and illegal dumping cleanup; and WHEREAS, the City Council has carefully examined and considered the same and is satisfied with said budget amendments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS: Section 1. Recitals. The City Council does hereby find, determine and resolve that all of the foregoing recitals are true and correct. Section 2. Approval and Authorization. The City Council does further resolve, order and/or direct as follows: a. That the City’s previously adopted Fiscal Year 2021-2022 Budget, as the same has been amended to date, is hereby further amended; and b. That the City Clerk is hereby authorized and directed to forward a copy of this Resolution to the City’s Finance Director, who is hereby authorized and directed to take all actions necessary to implement the terms of this Resolution pertaining to the Fiscal Year 2021-2022 Budget of City. Section 3. This Resolution shall take effect immediately upon adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Gilroy at its meeting held on this 4th day of October 2021 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: APPROVED: 10.B.a Packet Pg. 369 Attachment: Budget Amendment Resolution - US Ecology 10042021 (3479 : RFP - Garbage Removal Service) Marie Blankley, Mayor ATTEST: LeeAnn McPhillips, Interim City Clerk 10.B.a Packet Pg. 370 Attachment: Budget Amendment Resolution - US Ecology 10042021 (3479 : RFP - Garbage Removal Service) -1- 4835-2267-0361v1 LAC\04706083 AGREEMENT FOR SERVICES (For contracts over $5,000 – NON-DESIGN, NON-ENGINEERING TYPE CONTRACTOR) This AGREEMENT made this 4th day of October, 2021, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONTRACTOR: NRC Environmental Services, doing business as US Ecology, having a principal place of business at 101 S. Capitol Blvd. Suite #1000, Boise, ID, 83702. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on October 4th, 2021 and will continue in effect through October 4th, 2022, with two, one-year extension options through October 4th, 2023 and October 4th, 2024, respectively, unless terminated in accordance with the provisions of Article 7 of this Agreement. Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall terminate this Agreement regardless of any other provision stated herein. ______ Initial ARTICLE 2. INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that CONTRACTOR is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONTRACTOR or any employee or agent of CONTRACTOR. Both parties acknowledge that CONTRACTOR is not an employee for state or federal tax purposes. CONTRACTOR shall not be entitled to any of the rights or benefits afforded to CITY’S employees, including, without limitation, disability or unemployment insurance, workers’ compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONTRACTOR shall retain the right to perform services for others during the term of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONTRACTOR A. Specific Services CONTRACTOR agrees to: Perform the services as outlined in Exhibit “A” (“Specific Provisions”) and Exhibit “B” (“Scope of Services”), within the time periods described in Exhibit “C” (“Milestone Schedule”). 10.B.b Packet Pg. 371 Attachment: Draft Agreement for Service - US Ecology (3479 : RFP - Garbage Removal Service) -2- 4835-2267-0361v1 LAC\04706083 B. Method of Performing Services CONTRACTOR shall determine the method, details and means of performing the above-described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONTRACTOR’S services. C. Employment of Assistants CONTRACTOR may, at the CONTRACTOR’S own expense, employ such assistants as CONTRACTOR deems necessary to perform the services required of CONTRACTOR by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONTRACTOR’S assistants in the performance of those services. CONTRACTOR assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding. D. Place of Work CONTRACTOR shall perform the services required by this Agreement at any place or location and at such times as CONTRACTOR shall determine is necessary to properly and timely perform CONTRACTOR’S services. ARTICLE 4. COMPENSATION A. Consideration In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay CONTRACTOR the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event however shall the total compensation paid to CONTRACTOR exceed one hundred thousand dollars ($100,000.00). B. Invoices CONTRACTOR shall submit invoices for all services rendered. C. Payment Payment shall be due according to the payment schedule set forth in Exhibit “D”. No payment will be made unless CONTRACTOR has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit “A”, Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONTRACTOR of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. 10.B.b Packet Pg. 372 Attachment: Draft Agreement for Service - US Ecology (3479 : RFP - Garbage Removal Service) -3- 4835-2267-0361v1 LAC\04706083 D. Expenses CONTRACTOR shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONTRACTOR, all fees, fines, licenses, bonds or taxes required of or imposed against CONTRACTOR and all other of CONTRACTOR’S costs of doing business. CITY shall not be responsible for any expenses incurred by CONTRACTOR in performing services for CITY, except for those expenses constituting “direct expenses” referenced on Exhibit “A.” ARTICLE 5. OBLIGATIONS OF CONTRACTOR A. Tools and Instrumentalities CONTRACTOR shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONTRACTOR is not required to purchase or rent any tools, equipment or services from CITY. B. Workers’ Compensation CONTRACTOR agrees to provide workers’ compensation insurance for CONTRACTOR’S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys’ fees, arising out of any injury, disability, or death of any of CONTRACTOR’S employees. C. Indemnification of Liability, Duty to Defend As to all liability, to the fullest extent permitted by law, CONTRACTOR shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, arising or resulting directly or indirectly from any act or omission of CONTRACTOR or CONTRACTOR’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. D. Insurance In addition to any other obligations under this Agreement, CONTRACTOR shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof. As a condition precedent to CITY’S obligations under this Agreement, CONTRACTOR shall furnish written evidence of such coverage (naming CITY, its officers and 10.B.b Packet Pg. 373 Attachment: Draft Agreement for Service - US Ecology (3479 : RFP - Garbage Removal Service) -4- 4835-2267-0361v1 LAC\04706083 employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. E. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONTRACTOR under this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. F. State and Federal Taxes As CONTRACTOR is not CITY’S employee, CONTRACTOR shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONTRACTOR acknowledges and agrees that: • CITY will not withhold FICA (Social Security) from CONTRACTOR’S payments; • CITY will not make state or federal unemployment insurance contributions on CONTRACTOR’S behalf; • CITY will not withhold state or federal income tax from payment to CONTRACTOR; • CITY will not make disability insurance contributions on behalf of CONTRACTOR; • CITY will not obtain workers’ compensation insurance on behalf of CONTRACTOR. ARTICLE 6. OBLIGATIONS OF CITY A. Cooperation of City CITY agrees to respond to all reasonable requests of CONTRACTOR and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONTRACTOR’S duties under this Agreement. B. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONTRACTOR. Such assignment shall not release CONTRACTOR from any of CONTRACTOR’S duties or obligations under this Agreement. 10.B.b Packet Pg. 374 Attachment: Draft Agreement for Service - US Ecology (3479 : RFP - Garbage Removal Service) -5- 4835-2267-0361v1 LAC\04706083 ARTICLE 7. TERMINATION OF AGREEMENT A. Sale of CONTRACTOR’s Business/ Death of CONTRACTOR. CONTRACTOR shall notify CITY of the proposed sale of CONTRACTOR’s business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminat ing this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONTRACTOR set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY’ receipt of such notice of sale. If CONTRACTOR is an individual, this Agreement shall be deemed automatically terminated upon death of CONTRACTOR. B. Termination by City for Default of CONTRACTOR Should CONTRACTOR default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY’S option, may terminate this Agreement by giving written notification to CONTRACTOR. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: 1. CONTRACTOR’S failure to professionally and/or timely perform any of the services contemplated by this Agreement. 2. CONTRACTOR’S breach of any of its representations, warranties or covenants contained in this Agreement. CONTRACTOR shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C” which have been fully, competently and timely rendered by CONTRACTOR. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONTRACTOR’S default in the performance of this Agreement or materi al breach by CONTRACTOR of any of its provisions, then in addition to any other rights and remedies CITY may have, CONTRACTOR shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONTRACTOR for the performance of that task pursuant to this Agreement. C. Termination for Failure to Make Agreed-Upon Payments Should CITY fail to pay CONTRACTOR all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONTRACTOR, at the CONTRACTOR’S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONTRACTOR to CITY. 10.B.b Packet Pg. 375 Attachment: Draft Agreement for Service - US Ecology (3479 : RFP - Garbage Removal Service) -6- 4835-2267-0361v1 LAC\04706083 D. Transition after Termination Upon termination, CONTRACTOR shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONTRACTOR shall cease such work as soon as it is safe to do so. CONTRACTOR shall incur no further expenses in connection with this Agreement. CONTRACTOR shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONTRACTOR’s duties by any new CONTRACTOR hired by the CITY to complete such services. ARTICLE 8. GENERAL PROVISIONS A. Amendment & Modification No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto. B. Americans with Disabilities Act of 1990 Throughout the term of this Agreement, the CONTRACTOR shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 (“the Act”) in its current form and as it may be amended from time to time. CONTRACTOR shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONTRACTOR shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys’ fees, that may arise out of any violations of the Act by the CONTRACTOR, its subcontractors, or the officers, employees, agents or representatives of either. C. Attorneys’ Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. D. Captions The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation. E. Compliance with Laws The CONTRACTOR shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, 10.B.b Packet Pg. 376 Attachment: Draft Agreement for Service - US Ecology (3479 : RFP - Garbage Removal Service) -7- 4835-2267-0361v1 LAC\04706083 and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONTRACTOR agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor. F. Conflict of Interest CONTRACTOR certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. G. Entire Agreement This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONTRACTOR for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. H. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California. I. Notices Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit “A”, Section V.H. but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing. 10.B.b Packet Pg. 377 Attachment: Draft Agreement for Service - US Ecology (3479 : RFP - Garbage Removal Service) -8- 4835-2267-0361v1 LAC\04706083 J. Partial Invalidity If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. K. Time of the Essence All dates and times referred to in this Agreement are of the essence. L. Waiver CONTRACTOR agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Executed at Gilroy, California, on the date and year first above written. CONTRACTOR: CITY: NRC Environmental dba US Ecology CITY OF GILROY By: By: Name: Gary Burns Name: Jimmy Forbis Title: Vice President, California Operations Title: City Administrator Social Security or Taxpayer Identification Number Approved as to Form ATTEST: City Attorney City Clerk 10.B.b Packet Pg. 378 Attachment: Draft Agreement for Service - US Ecology (3479 : RFP - Garbage Removal Service) -1- 4835-2267-0361v1 LAC\04706083 EXHIBIT “A” SPECIFIC PROVISIONS I. PROJECT MANAGER CONTRACTOR shall provide the services indicated on the attached Exhibit “B”, Scope of Services (“Services”). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONTRACTOR agrees to assign Stepahnie Nguyen, who will act in the capacity of Project Manager, and who will personally direct such Services. Except as may be specified elsewhere in this Agreement, CONTRACTOR shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement. II. NOTICE TO PROCEED/COMPLETION OF SERVICE A. NOTICE TO PROCEED CONTRACTOR shall commence the Services upon delivery to CONTRACTOR of a written “Notice to Proceed”, which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, Bryce Atkins shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONTRACTOR or if otherwise delivered as provided in the Section V.H. (“Notices”) of this Exhibit “A”. B. COMPLETION OF SERVICES When CITY determines that CONTRACTOR has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONTRACTOR written Notice of Final Acceptance, and CONTRACTOR shall not incur any further costs hereunder. CONTRACTOR may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONTRACTOR has not completed all of such Services as required by this Agreement, CITY shall so inform CONTRACTOR within this two (2) week period. III. PROGRESS SCHEDULE The schedule for performance and completion of the Services will be as set forth in the attached Exhibit “C”. IV. PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONTRACTOR as provided for in Article 4 of this Agreement. 10.B.b Packet Pg. 379 Attachment: Draft Agreement for Service - US Ecology (3479 : RFP - Garbage Removal Service) -2- 4835-2267-0361v1 LAC\04706083 Direct expenses are charges and fees not included in Exhibit “B”. CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONTRACTOR shall obtain written approval from CITY prior to incurring or billing of direct expenses. Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. V. OTHER PROVISIONS A. STANDARD OF WORKMANSHIP CONTRACTOR represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONTRACTOR’S representations and warranties regarding its skills, qualifications and licenses. CONTRACTOR shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well-organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes. B. RESPONSIBILITY OF CONTRACTOR CONTRACTOR shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONTRACTOR shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY’S review, acceptance or payment for any of the Services shall not be constru ed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONTRACTOR shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONTRACTOR’S negligent performance of any of the services furnished under this Agreement. C. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONTRACTOR for the purpose of verifying any and all charges made by CONTRACTOR in connection with this Agreement. CONTRACTOR shall maintain for a minimum period of three (3) years (from the date of final payment to CONTRACTOR), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONTRACTOR, all of which shall be made available to CITY at the CITY’s offices within five (5) business days after CITY’s request. 10.B.b Packet Pg. 380 Attachment: Draft Agreement for Service - US Ecology (3479 : RFP - Garbage Removal Service) -3- 4835-2267-0361v1 LAC\04706083 D. CONFIDENTIALITY OF MATERIAL All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONTRACTOR and all other written and oral information developed or received by or for CONTRACTOR and all other written and oral information submitted to CONTRACTOR in connection with the performance of this Agreement shall be held confidential by CONTRACTOR and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONTRACTOR which is otherwise known to CONTRACTOR or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONTRACTOR’S disclosure thereof) shall be deemed confidential. CONTRACTOR shall not use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY. E. NO PLEDGING OF CITY’S CREDIT. Under no circumstances shall CONTRACTOR have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. F. OWNERSHIP OF MATERIAL. All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONTRACTOR may retain and use copies thereof subject to Section V.D of this Exhibit “A”. CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONTRACTOR shall not be responsible for, and City shall indemnify CONTRACTOR from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT. G. NO THIRD PARTY BENEFICIARY. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. 10.B.b Packet Pg. 381 Attachment: Draft Agreement for Service - US Ecology (3479 : RFP - Garbage Removal Service) -4- 4835-2267-0361v1 LAC\04706083 H. NOTICES. Notices are to be sent as follows: CITY: Bryce Atkins City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONTRACTOR: Gary Burns, Vice President, California Operations US Ecology 1605 Ferry Point Alameda, CA 94501 I. FEDERAL FUNDING REQUIREMENTS. If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply. If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.I. do not apply. 1. DBE Program CONTRACTOR shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs. 2. Cost Principles Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items. 3. Covenant against Contingent Fees The CONTRACTOR warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the CONTRACTOR, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 10.B.b Packet Pg. 382 Attachment: Draft Agreement for Service - US Ecology (3479 : RFP - Garbage Removal Service) -1- 4835-2267-0361v1 LAC\04706083 EXHIBIT “B” SCOPE OF SERVICES General Scope of Services A. As directed by the CITY through an issued work order, provide turnkey illegal dumping and homeless encampment site cleanup for a safe and clean site by removing large items, biohazardous material and other illegally dumped and encampment waste material. CONTRACTOR RESPONSIBILITIES A. Site Assessments 1. CONTRACTOR shall meet with the CITY at the proposed site to be cleaned for initial assessment. CONTRACTOR shall be able to meet with the CITY on the proposed site within 72 business hours. The site assessment will be for a work order that will establish the site cleanup start date, estimated timeframe of the work, staging areas, traffic control (if required), any special scope of work items specific to the site and the name of the onsite representative(s). 2. CONTRACTOR will prepare a proposed schedule for the cleaning of the site, and cost estimate, based upon the results of the assessment meeting. The cost estimate will be itemized and based on time and materials. The estimated schedule and cost estimate will be produced by CONTRACTOR and issued to the CITY within 48 business hours of the end of the assessment meeting. 3. Upon issuance of a work order, the CONTRACTOR shall execute the work dilligently, in conformance with any federal, state, and/or local regulations and permit requirements. B. Cleanup Activities 1. Cleanup duties shall include, but are not limited to, surveying sites, collecting debris, dismantling temporary structures, removal of trash, removal of human waste, and State approved handling and removal of all material. 2. CONTRACTOR shall supply all labor, material, tools, protective clothing and gear, and equipment that is required or needed to perform the work to handle, remove, transport, and dispose of the waste materials and leave a clean site. 3. CONTRACTOR shall provide all supervision and management of crews and sub-contractors and ensure all necessary safety procedures are followed. This individual will serve as the City’s contact. 4. Site supervisor and worker(s) must be trained and certified in handling and disposal of hazardous materials. Copies of any applicable training records, certifications, and licenses required to perform this work shall be submitted to CITY for staff assigned to complete a work order issued prior to commencement of the work. Encampment sites are considered to contain a variety of materials that may contain hazardous materials, including biohazardous materials, garbage, 10.B.b Packet Pg. 383 Attachment: Draft Agreement for Service - US Ecology (3479 : RFP - Garbage Removal Service) -2- 4835-2267-0361v1 LAC\04706083 general debris, human waste, constructed temporary shelters, and other items associated with homeless occupancy. Illegal dumping sites are considered to contain a variety of large items including furniture, appliances, motors, tires, construction debris, automobile parts, bicycles, mattresses, box springs, garbage, general debris, and other items as may be dumped illegally. 5. Disposal shall be at a site permitted to accept such materials. If CONTRACTOR will be renting bins or containers as part of the cleanup, or hiring a separate company for material disposal, it must use the CITY'S exclusive refuse hauler, Recology South Valley. 6. CONTRACTOR shall photograph posted notices and the condition of the site prior to work and after work is completed. 7. CONTRACTOR shall photograph the illegal dumping or encampment site before and after cleaning and provide an electronic copy of each photograph to the CITY. 8. CONTRACTOR shall provide bags and tags, and identify and tag certain items as "personal property". Such items include but are not limited to unsoiled items in good repair such as tents, backpacks, medication, eye glasses, books, jewelry, stoves, audio equipment, toiletries, personal records, handbags, personal photographs, duffel bags, bedrolls, blankets, watches, and clean clothing. The CONTRACTOR will transport identified property for storage to a site designated by the CITY as listed in each work order issued. In addition, the City will provide training and written instructions as required for the CONTRACTOR to help identify, sort, tag, and catalogue what will be retained as personal property. CONTRACTOR will also be responsible for posting notice at each cleanup indicating contact information for reclaiming personal property. 9. CONTRACTOR shall notify the CITY when the work is complete and provide a cleanup report for each site, including total weight of debris removed. 10. CONTRACTOR shall notify the CITY'S designated representative in the event that the site becomes occupied again prior to or during the work, or if an adjacent homeless encampment is discovered in the general area during a project to obtain authorization prior to proceeding with any additional work that was not identified in the original work order scope. 11. CONTRACTOR shall follow best practices work procedures to safely manage any hazardous materials found on the jobsite, including urine, feces, solid personal hygiene items, syringes, and other materials which could pose a health threat. 12. CONTRACTOR shall trim shrubs and vegetation, as requested by the CITY, as a deterrent measure for future encampments. 13. CONTRACTOR shall immediately contact the Gilroy Police Department if a weapon, illegal contraband, or evidence of criminal activity is found. 14. CONTRACTOR shall always perform work in a timely and efficient manner and in a courteous and business-like manner. 15. CONTRACTOR shall properly handle and dispose of solid waste and hazardous waste in accordance with all applicable laws. 10.B.b Packet Pg. 384 Attachment: Draft Agreement for Service - US Ecology (3479 : RFP - Garbage Removal Service) -3- 4835-2267-0361v1 LAC\04706083 16. CONTRACTOR shall comply with the Local, State, and Federal National PoIIutant Discharge Elimination System (NPDES) regulations at all times while providing cleaning services for the City. 17. The CONTRACTOR shall apply Best Management Practices (BMPs) for all pollution prevention of the discharge of human waste and other biohazards, cleaning agents, waste, trash, debris, and other pollutants to the storm drain and receiving waters. 18. All material, parts, equipment, and chemicals used or furnished pursuant to the specifications of this contract shall be in compliance with the laws and regulations of the CITY, the State of California, and OSHA. The CONTRACTOR shall provide to the CITY all Material Safety Data Sheets and certifications and evidence of such compliance. Use of all chemicals and other supplies shall be approved by the CITY prior to their use. 19. The CONTRACTOR will be responsible for all damages to the CITY'S facilities, their contents, or other CITY-owned improvements, caused by the CONTRACTOR, its staff, or its sub- contractors during the performance of their duties. The CONTRACTOR shall protect all furnishings and improvements from damage by its operations. All damage shall be repaired or replaced, at the option of the CITY, at the CONTRACTOR'S expense within a reasonable time after notification of such damage. Repairs and/or replacements shall be equal to original in all aspects. 20. The CONTRACTOR shall comply with all local sound control and noise level rules, regulations, and ordinances applicable to work performed pursuant to the contract. Each internal combustion engine used on the job or related to the job shall be equipped with a muffler of a type recommended by the equipment’s manufacturer. No internal combustion engine shall be operated on the project without a properly functioning muffler. A noise level limit of 85 dBA at a distance of 50 feet shall apply to all equipment on or related to the job. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel. No maintenance functions that generate excess noise that would cause annoyance to residents near any work site shall begin before 8:00 am. C Safety and Training 1. Safety and appropriate training/licensing are critical requirements. At no time is the CONTRACTOR expected to interact with the homeless residents or put their employees at risk. 2. CONTRACTOR shall comply with all safety rules, protocols, and licensing requirements mandated by the CITY, Santa Clara County, and the State of California.C. Work may be performed in inclement weather. Jobsites can be in heavy foliage, steep embankments, next to highways or roads, and other areas requiring alertness to the environment and pre-planning to prevent injury or illness. CONTRACTOR shall perform a hazard assessment and provide all training and supplies necessary. 3. CONTRACTOR shall be OSHA certified to operate any heavy equipment required to complete the illegal dumping or encampment clean-up work, including trash compactors, bulldozers, graders or other ground moving equipment. 10.B.b Packet Pg. 385 Attachment: Draft Agreement for Service - US Ecology (3479 : RFP - Garbage Removal Service) -4- 4835-2267-0361v1 LAC\04706083 4. CONTRACTOR shall conform to all applicable occupational safety and health standards, rules, regulations, and orders established by the California Department of Industrial Relations. The CONTRACTOR shall provide all safety equipment, materials, and will supply training as required. The CONTRACTOR shall provide its employees with appropriate safety apparel. This apparel shall include but not be limited to hardhats, safety glasses, vest, gloves, coverall suits , face coverings, and leather (or adequately puncture resistant) boots. 5. CONTRACTOR shall follow California Department of Industrial Relations’ Bloodborne Pathogen Standard §5193. Additionally, employees must be trained with precautions regarding West Nile Virus, hantavirus, histoplasmosis and other possible environmental threats posed from cleanup activities. 6. Employees must have work procedures to be able to safely manage urine, feces, soiled personal hygiene items, syringes, and other materials which could pose a health threat. Wearing Personal Protective Equipment and following other protocols established for this situation must be followed. The CONTRACTOR will dispose of this waste material and syringes by appropriate means in accordance with local, regional, state and federal laws. 7. During the COVID-19 pandemic, the CONTRACTOR shall provide the City with their COVID- 19 Response Plan explaining how they will operate to protect themselves when coming into contact with materials that may contain the virus. 8. CONTRACTOR shall provide copies of any training records and licenses required by the City upon request. D. Reporting CONTRACTOR shall provide a report for each site cleared which will include: 1. Date(s) of service. 2. Methods used to clear the site. 3. Staffing levels used. 4. Total hours on site. 5. Weight of debris removed. 6. General observations of the site and the work. 7. Notations of any issues encountered in conducting the work, whether internally or externally caused. D. Other Requirements 1. Prevailing wages must be paid for those individuals working on this Project. Certified Payroll documentation is required to be submitted to the Department of Labor. 10.B.b Packet Pg. 386 Attachment: Draft Agreement for Service - US Ecology (3479 : RFP - Garbage Removal Service) -5- 4835-2267-0361v1 LAC\04706083 2. A City Business License is required prior to performing work within the City. CITY RESPONSIBILITIES A. Site Assessments 1. Sites will be identified individually by the CITY. The City will make an effort, when possible, to cluster several sites. Sites may include locations under structures (e.g., bridges), open areas, vegetated ground cover, parks, in road right-of-way, and stormwater facilities. If Contractor is equipped to provide confined space entry, site locations may occasionally require confined space entry cleanup. Contractor will be required to coordinate all necessary permits as required. 2. Arrange for a site assessment meeting for each specific site to determine the work order to issue to the CONTRACTOR. B. Cleanup Support Activities 1. Issue a work order and install notice to vacate signs notifying encampment users of a minimum of a 72-hour notification to start time of a cleanup project. 2. Post and complete required notifications, including “Notice to Vacate” within the required timeframes to legally conduct the site clearing, as scheduled. 3. Gilroy Police Department will clear the site before the work is to commence and have staff remain on-scene during the cleanup project. 4. Provide a CITY representative to serve as a point of contact for reviewing work orders, authorizing work, addressing issues and questions. 5. CITY will obtain any required permits related to working within or around watercourse as it pertains to camp abatement. Additionally, the CITY will inform the CONTRACTOR of any regulations or mitigation measures that must be followed per permit(s) requirements, including but not limited to, any permits required by the California Regional Water Quality Control Board, U.S. Army Corp of Engineers or California Department of Fish and Wildlife. 6. Receive any personal property identified, tagged and relocated by the CONTRACTOR to the storage facility, and store it in accordance with all applicable laws and policies. 10.B.b Packet Pg. 387 Attachment: Draft Agreement for Service - US Ecology (3479 : RFP - Garbage Removal Service) -1- 4835-2267-0361v1 LAC\04706083 EXHIBIT “C” MILESTONE SCHEDULE The generation and issuing of work orders under this contract will require the following milestone schedule: 1. CONTRACTOR must meet with CITY'S representative(s) within 72 hours notice of a request to meet and assess a site for cleanup activities and creation of the work order 2. CONTRACTOR is to supply a cost estimate and proposed schedule for the work order within 48 hours after the initial site assessment meeting 3. CITY will then issue a work order to CONTRACTOR within 24 hours after receiving the estimate and schedule, unless there are questions or concerns regarding the estimate or schedule. 4. CONTRACTOR will then mobilize within 72 hours after receiving authorization to proceed from the CITY There are no overarching milestones beyond the response timeframes noted above. Each work order will establish its own milestones for the specific work order, as will be discussed in assessing sites and planning the work order(s). 10.B.b Packet Pg. 388 Attachment: Draft Agreement for Service - US Ecology (3479 : RFP - Garbage Removal Service) 4835-2267-0361v1 LAC\04706083 EXHIBIT “D” PAYMENT SCHEDULE 1. Payments shall be due net 30 days after invoicing from CONTRACTOR. Specific payment terms may be established within each work order issued. 2. The contract payments will be based on time and materials. Documentation of employee hours, sub-consultant costs, equipment and material costs, and disposal costs shall be provided by the CONTRACTOR to the CITY. 3. Rates shall be set for the duration of this contract per the rate sheets from CONTRACTOR attached to and incorporated into this exhibit. The maximum increase in rates for each contract renewal option shall be at a rate of 3.00%. 10.B.b Packet Pg. 389 Attachment: Draft Agreement for Service - US Ecology (3479 : RFP - Garbage Removal Service) 10.B.b Packet Pg. 390 Attachment: Draft Agreement for Service - US Ecology (3479 : RFP - Garbage Removal Service) 10.B.b Packet Pg. 391 Attachment: Draft Agreement for Service - US Ecology (3479 : RFP - Garbage Removal Service) 10.B.b Packet Pg. 392 Attachment: Draft Agreement for Service - US Ecology (3479 : RFP - Garbage Removal Service) City of Gilroy STAFF REPORT Agenda Item Title: Acceptance and Display of the Gilroy Sesquicentennial Time Capsule Meeting Date: October 4, 2021 From: Jimmy Forbis, City Administrator Department: Administration Submitted By: Jimmy Forbis Prepared By: Jimmy Forbis Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Council consideration of accepting and displaying the Gilroy Sesquicentennial Time Capsule in the Gilroy City Hall. BACKGROUND At the September 13, 2021 regular City Council meeting, the Gilroy Sesquicentennial Time Capsule (Time Capsule) was presented to the City Council. As comments of Council were being received, a concern was raised that the art on the outside of the Time Capsule was not representative of Gilroy’s diversity. At the subsequent regular City Council meeting on September 20, 2021, a large turnout of residents speaking on this matter generated considerable discussions as to the divisiveness of the art on the Time Capsule. 10.C Packet Pg. 393 At the same meeting, during the Council initiated agenda items portion of the agenda, a request was approved to return to Council with the following policy initiatives, including: • Council consideration of a policy for accepting gifts to be displayed at City Hall • Council consideration an inclusivity/diversity policy for all City Boards and Commissions • Council consideration of commissioning artwork honoring/celebrating Gilroy’s diversity As the City currently has no policy for accepting gifts to be displayed at City Hall, the future Council-initiated item will take some time to be prepared and submitted for Council discussion. Therefore, in absence of an applicable policy, it is prudent at this time to make a determination (whether temporary or permanent) as to whether the Council should accept the gift from the Gilroy 150 Committee and how it is to be displayed. ALTERNATIVES None. FISCAL IMPACT/FUNDING SOURCE None. NEXT STEPS Regardless of Council direction concerning accepting and displaying the Time Capsule, staff, as previously directed by Council, will return with the aforementioned policies for Council consideration. 10.C Packet Pg. 394