HomeMy WebLinkAboutRESO 9460Resolution No. 9460
Resolution of the Council of the City of Palo Alto Establishing the
Enforcement Process For Violations of the Three Outdoor Water Use
Restrictions Adopted by Council on August 4, 2014 (Resolution 9449)
RECITALS
A. On January 17, 2014, Governor Edmund G. Brown Jr. issued Proclamation No. 1-17-
2014 declaring a State of Emergency to exist in California due to severe drought conditions and
calling on Californians to reduce their water usage by 20 percent.
B. On April 25, 2014, the Governor issued an Executive Order to strengthen the state's
ability to manage water and directed the State Water Resources Control Board (SWRCB) under its
authority in California Water Code Section 1058.5 to adopt emergency regulations as it deems
necessary to address water shortage conditions.
C. On July 15, 2014, the State Water Resources Control Board adopted California Code
of Regulations, Title 23, Sections 863, 864, and 865, emergency regulations finding a drought
emergency in California and imposing water conservation measures on individuals and water
suppliers.
D. On August 4, the City Council adopted Resolution 9449, implementing outdoor
water use restrictions in compliance with the SWRCB emergency directive.
E. The City has implemented an education-based compliance plan and is working with
customers to fully comply with the SWRCB water use restrictions.
F. Chapter 12 of City's Municipal Code, City Utilities Rule and Regulation 21, and the
Council-approved Urban Water Management Plan include a variety of tools to encourage
responsible management of the City's water resources.
G. Violations of the City's water use restrictions codified in Chapter 12.32 of the Palo
Alto Municipal Code, are enforceable as misdemeanors, infractions, administrative penalties, or via
the written warning and flow restrictor process outlined in Municipal Code Section 12.32.020(a)
through (f).
H. Violations of the City's Utilities Rules and Regulations prohibiting water waste,
codified in Rule and Regulation 21, are also enforceable via administrative citations of $500 per day.
I. Violations of the State's emergency water use regulations are enforceable by fines
of up to $500 per day, under California Code of Regulations, Title 23, Section 864(b).
J. The City wishes to establish an enforcement procedure for violations of the three
water use restrictions adopted by Resolution 9449 (Exhibit A), by directing staff to first attempt to
achieve compliance via educational outreach, followed by the issuance of fines of $100 per violation
per day for willful or repeated violations.
The Council of the City of Palo Alto RESOLVES as follows:
140901 jb 6053121 1
SECTION 1. Findings:
A. Article 10, Section 2 of the California Constitution declares that waters of the State
are to be put to beneficial use, that waste, unreasonable use, or unreasonable method of use of
water be prevented, and that water be conserved for the public welfare.
B. Governor Brown issued emergency water shortage declarations on January 17 and
April 25, 2014, and conservation of current water supplies and minimization of the effects of water
supply shortages that are the result of drought are essential to the public health, safety and
welfare.
C. City regulation of the time and manner of certain water use, design of rates,
method of application of water for certain uses, and establishment of enforcement procedures for
violations of water use restrictions are an effective and immediately available means of conserving
water, and is authorized by Palo Alto Municipal Code Section 12.20.010.
SECTION 2. Violations of the following Council-adopted outdoor water use restrictions
(Resolution 9449) are punishable by fines of $100 per violation:
a. No outdoor irrigation of ornamental landscapes or turf with potable water is
permitted between the hours of lOam and Gpm, except for drip irrigation, soaker
hoses and hand watering;
b. The application of potable water to driveways and sidewalks is prohibited, except
where necessary to address an immediate health and safety need or to comply with a
term and condition in a permit issued by a state or federal agency; and
c. The use of potable water in a fountain or other decorative water feature is prohibited,
except where the water is part of a recirculating system.
SECTION 3. Each day that a violation of the outdoor water use restrictions described in
Section 2 occurs is a separate offense.
SECTION 4. Utilities Department staff shall take primary responsibility for enforcement of
the outdoor water use restrictions adopted by Resolution 9449 and described in Section 2, above.
SECTION 5. While nothing in this resolution is intended to limit or otherwise restrict the
potential application of all available civil and criminal penalties for violations of the state and local
water use restrictions described herein, Council recognizes the value of an education-based
approach in encouraging water conservation. Therefore, Council directs staff to first attempt to
achieve compliance by providing customers reasonable notice of the alleged violation and an
opportunity to correct the problem, before issuing fines for willful and repeated violations.
SECTION 6. If fines are ultimately imposed, the person or persons to whom notice was
provided shall have five business days from the date of service of the notice to request a hearing
before the city manager or his/her designee in order to present any facts or arguments they may
have as to why fines should not be imposed. If a hearing is requested, the city manager or his/her
designee shall schedule a date and time for said hearing as soon as possible after the request is
filed, but not later than five business days after the filing of such request for hearing. At the
hearing, the person who received notice of the water use restriction violation may offer evidence as
140901 jb 6053121 2
I ,
to why a fine should not be imposed. Utilities personnel shall be allowed to offer whatever
evidence they may have as to why the fine should be imposed. The city manager or his/her
designee shall make a final determination as to whether or not a fine shall be imposed.
SECTION 7. This resolution will go into effect immediately and will remain in effect for the
270 day term set by the State Water Resources Control Board for the SWRCB's July 15, 2014
emergency water regulations, as extended by the SWRCB, or as directed by Council.
SECTION 8. Council's adoption of the proposed Outdoor Water Use Restrictions is
categorically exempt from CEQA under CEQA Guidelines 15307 (Actions by Regulatory Agencies for
Protection of Natural Resources).
INTRODUCED AND PASSED: September 15, 2014
AYES: BERMAN, BURT, HOLMAN, KLEIN, KNISS, PRICE, SCHARFF, SCHMID, SHEPHERD
NOES:
ABSENT:
ABSTENTIONS:
APPROVED AS TO FORM: APPROVED:
·__.A-..~
enior Deputy City Attorney
ervices
140901 jb 6053121 3
Resolution No. 9449
Resolution of the Co.uncil of the City of Palo Alto Implementing Outdoor
Water Use Restrictions in Compliance with the State Water Resources
Control Board's July 15, 2014 EmergenCy Drought Regulations
RECITALS
A. On January 17, 2014, Governor Edmund G. Brown Jr. issued Proclamation No. 1~
17-2014 declaring a State of Emergency to exist in California due to severe drought conditions
and calling on Californians to reduce their water usage by 20 percent.
B. On April 25, 2014, the Governor issued an Executive Order to strengthen the
state's ability to manage water and directed the State Water Resources Control Board {SWRCB)
under its authority in California Water Code Section 1058.5 to adopt emergency regulations as
it deems necessary to address water shortage conditions.
C. On July 15, 2014, the State Water Resources Control Board adopted California
Code of Regulations, Title 23, Sections 863, 864, and 865, emergency regulations finding a
drought emergency in California and imposing water conservation measures on individuals and
water suppliers.
D. Section 864 applies to all Californians and prohibits\certain activities in
promotion of water conservation, many of which are already required by Palo Alto Municipal
Code 12.32.010.
E. Section 865 requires mandatory outdoor irrigation restrictions and reporting by
water suppliers, including urban water suppliers like the City of Palo Alto.
F. The City of Palo Alto receives 100% of its potable supplies from the San Francisco
Public Utilities Commission {SFPUC).
G. The SFPUC has requested a 10% voluntary water consumption reduction in
response to the drought and their determination of available supplies in the regional water
system.
H. The SFPUC has not declared a water shortage emergency nor imposed
mandatory cutbacks upon Palo Alto or any of SF PUC's wholesale customers.
I. The City of Palo Alto has responded to SFPUC's voluntary water consumption
reduction request and has achieved an approximate 17% reduction in water use relative to
2013.
140722 jb 0180048
J. The City's Municipal Code and Urban Water Management Plan (approved by the
City Council on June 13, 2011) include a Water Shortage Contingency Plan and other tools to
encourage responsible management ofthe City's water resources.
K. The City supports the SWRCB's efforts to encourage conservation, with an
emphasis on outdoor water use, to the extent it may do so within the context of its Council-
approved Urban Water Management Plan and the Palo Alto Municipal Code.
The Council of the City of Palo Alto RESOLVES as follows:
SECTION 1. The following outdoor water use restrictions are hereby adopted, in
compliance with the State Water Resources Control Board's July 15, 2014 emergency drought
regulations (collectively, the "Outdoor Water Use Restrictions"):
a.
b.
c.
No outdoor irrigation of ornamental landscapes or turf with potable
water is permitted between the hours of lOam and 6pm, except for drip
irrigation, soaker hoses and hand watering;
The application of potable water to driveways and sidewalks 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; and
The use of potaple water in a fountain or other decorative water feature
is prohibited, except where the water is part of a recirculating system.
SECTION 2. The Council finds that the Outdoor Water Use Restrictions implemented as
a result ofthis action were taken from Stage II of the City's Water Shortage Contingency Plan,
which is itself a part of the City's Urban Water Management Plan, approved by the Department
of Water Resources July 8th, 2014. The Outdoor Water Use Restrictions are intended to
complement the City's existing and permanent water use restrictions, codified in Palo Alto
Municipal Code Section 12.32.010.
SECTION 3. The Council finds that adoption of the Outdoor Water Use Restrictions
meets the requirements of California Code of Regulations, Title 23, Section 865(b)(l).
SECTION 4. The Outdoor Water Use Restrictions will remain in effect for the 270 day
period specified in SWRCB Resolution No. 2014-0038, or as extended by the SWRCB.
SECTION 5. Council directs staff to further promote water conservation by preparing
and submitting to the SWRCB the monitoring reports described in California Code of
Regulations, Title 23, Section 86S(d). Council also directs staff to monitor compliance and to
explore increas~d enforcement in the event the desired response is not being achieved.
140722 jb 0180048
SECTION 6. Council's adoption of the proposed Outdoor Water Use Restrictions is
categorically exempt from CEOA under CEOA Guidelines 15307 (Actions by Regulatory Agencies
for Protection of Natural Resources).
INTRODUCED AND PASSED: August 4, 2014 ·
AYES: BERMAN, BURT, HOLMAN, KLEIN, KNISS, PRICE, SCHARFF, SCHMID, SHEPHERD
NOES:
ABSENT:
. ABSTENTIONS:
ATIEST:
APPROVED AS TO FORM: APPROVED:
nior Deputy City Attorney ~2~~ C0dnager ~
140722jb 0180048