HomeMy WebLinkAboutRESO 9509DocuSign Envelope ID: F1A36236-9BD9-40F2-A027-518DFC79A824
Resolution No. 9509
Resolution of the Council of the City of Palo Alto
Amending the City's 2010 Urban Water Management
Plan in Compliance with the State Water Resources
Control Board's March 17, 2015 Emergency Water
Conservation 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 SWRCB 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. On August 4,
2014 the Palo Alto City Council (Council) adopted Resolution 9449, implementing outdoor
water use restrictions in compliance with the SWRCB emergency directive.
D. On March 17, 2015, the SWRCB readopted and expanded the emergency
regulations in California Code of Regulations, Title 23, Sections 863, 864, and 865. 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 or were adopted on
August 4, 2014 by Resolution 9449Section 865 requires mandatory outdoor irrigation
restrictions and reporting by water suppliers, including urban water suppliers like the City of
Palo Alto (City).
E. The City receives 100% of its potable supplies from the San Francisco Public
Utilities Commission (SFPUC). 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. The SFPUC has not declared a water shortage emergency nor imposed
mandatory cutbacks upon Palo Alto or any of SFPUC's wholesale customers. The City has
responded to SFPUC's voluntary water consumption reduction request and achieved an
approximate 16% reduction in water use in 2014 relative to 2013.
F. The City's Municipal Code, Utility Rule and Regulation 21, and 2010 Urban Water
Management Plan (approved by Council on June 13, 2011 and approved by the Department of
Water Resources on July 8, 2014) include a Water Shortage Contingency Plan and other tools to
encourage responsible management of the City's water resources.
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G. 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, Utility Rules and Regulations, and the Palo Alto Municipal
Code.
H. The City has implemented an education-based compliance plan and is working with
customers, including City facilities, to comply with the SWRB water use restrictions.
I. While a variety of civil and criminal enforcement procedures are available to the
City to prevent the waste and unreasonable use of water, the City wishes to continue the
education-based enforcement procedure established by Resolution 9460 for violations of the
water use restrictions referred to in Section 2 below, 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:
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.
D. The Council finds that the amended 2010 Urban Water Management Plan meets
the requirements of California Code of Regulations, Title 23, Section 865(b)(1) and is intended
to complement the City's existing and permanent water use restrictions, codified in Palo Alto
Municipal Code Section 12.32.010.
SECTION 2: Appendix H, "Water Use Restrictions" of the 2010 Urban Water
Management Plan is hereby amended and adopted in compliance with the SWRCB's March 17,
2015 emergency drought regulations, as attached and incorporated. All other elements of the
2010 Urban Water Management Plan remain in full force in effect.
SECTION 3. Council hereby adopts each of the Stage II water use restrictions included in
the City's Water Shortage Contingency Plan, as described in the amended 2010 Urban Water
Management Plan.
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SECTION 4. Council directs the City Manager to establish an implementation process
for the mandatory irrigation restrictions by May 11, 2015,
SECTION 5. The water use restrictions in Stage II of the Water Shortage Contingency
Plan will remain in effect for the 270 day period specified in SWRCB Resolution No. 2015-0013,
or as extended by the SWRCB.
SECTION 6. Council directs staff to further promote water conservation by continuing to
notify customers if any leak is detected and preparing and submitting to the SWRCB the
monitoring reports described in California Code of Regulations, Title 23, Section 865(d)(2).
SECTION 7. Enforcement of the restrictions and requirements outlined in Stage II of the
Water Shortage Contingency Plan shall follow the education-based process outlined in
Resolution 9460.
SECTION 8. Council's adoption of the proposed amended Urban Water Management
Plan is categorically exempt from CEQA under CEQA Guidelines 15307 (Actions by Regulatory
Agencies for Protection of Natural Resources).
INTRODUCED AND PASSED: May 11, 2015
AYES: BERMAN, BURT, DUBOIS, FILSETH, HOLMAN, KNISS, SCHARFF, SCHMID, WOLBACH
NOES:
ABSENT:
ABSTENTIONS:
ATIEST:
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City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
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Senior Deputy City Attorney City Manager
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Director of Utilities Director of Administrative Services
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Appendix H of the City of Palo Alto's 2010 Urban Water Management Plan
WATER USE RESTRICTIONS
Section A of this Appendix describes the City's existing water use regulations, as well as
additional restrictions that could be applied in various stages of a drought or other water supply
shortages. The restrictions in Section B are intended to serve as tools within the broader
framework of the Urban Water Shortage Contingency Plan to help the City reduce potable water
. consumption. Implementation of individual restrictions within each stage shall be carried out at
the direction of the City Council, in response to its assessment of local water supply conditions,
feasibility, and consumption trends. The Council may, in its discretion, opt to revise, delete or
include different elements than those described below, so long as the restrictions implemented
serve the overall purpose of reducing local consumption.
A. Existing Water Use Regulations (See Palo Alto Municipal Code Section 12.32.010)
1. Flooding or runoff of potable water is prohibited.
2. A shut-off valve is required for hoses used to wash vehicles, sidewalks, buildings, etc.
3. Potable water for construction uses is prohibited if recycled water is available.
4. Broken or defective plumbing and irrigation systems must be repaired or replaced within a
reasonable period.
B. Additional Restrictions to be Applied in Droughts or Other Water Supply
Shortages
Stage 1: No additional restrictions
Stage II:
1. Landscape or turf irrigation with potable water shall not be allowed between 10:00 a.m. and
6:00 p.m., except for drip irrigation, soaker hoses and hand watering.
2. The application of potable water to landscapes or turf during and within 48 hours after a
measurable rainfall is prohibited.
3. The irrigation of ornamenta11 landscapes or turf with potable water more than two days per
week is prohibited. Customers may apply to the City for an alternative irrigation schedule
demonstrating the need to irrigate with potable water more than two days per week but less
than 7 days per week and proposing a plan to reduce potable water use by an amount
acceptable to the City.
4. 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.
5. 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.
6. Restaurants and other food service operations shall serve water to customers only upon
request.
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7. Operators of hotels and motels shall provide guests with the option of choosing not to have
towels and linens laundered daily. The hotel or motel shall prominently display notice of this
option in each guestroom using clear and easily understood language.
Stage Ill:
All water use restrictions for Stage II, and the following:
1. Newly constructed pools, spas and hot tubs may not be filled.
2. Outdoor water use audits are required for those customers continuing to use more than
target allotments for three months.
3. Commercial car washes must use recycled water systems, if economically feasible.
4. Verified water waste will serve as prima facie evidence that the allocation assigned to the
water account is excessive and subject to reduction.
5. The use of potable water on golf courses is limited to putting greens and tees.
6. The use of potable water for street sweepers/washers is prohibited.
Stage IV:
All water use restrictions for Stages II and Ill, and the following:
1. No new water service hookups unless customer pays for sufficient conservation elsewhere to
offset anticipated water use.
3. No new landscaping installed at new construction sites. Bonds to be posted for landscaping
after water shortage emergency is lifted.
4. Turf irrigation prohibited.
6. Once-through cooling systems must be converted to recycling systems.
7. The washing of all vehicles is prohibited outside of a commercial washing facility that recycles
its water.
8. Irrigation by sprinklers is prohibited.
; "Ornamental landscapes" refers to landscaping for purely decorative purposes, to be distinguished from edible
gardens or landscapes that provide a function beyond aesthetics.
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Certificate of Completion
Envelope Number: F1A362369BD940F2A027518DFC79A824
Subject: Please DocuSign this document: RESO 9509 amending urban water mangt plan. pdf
Source Envelope:
Document Pages: 5
Certificate Pages: 5
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Record Tracking
Status: Original
6/2/2015 10:15:34 AM PT
Signer Events
Amy Bartell
Amy.Barteii@CityofPaloAito.org
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 6/2/2015 10:28:41 AM PT
ID: 3c17261 0-08e0-4 721-8750-3e 7 4e84542bc
Valerie Fong
Valerie. Fong@CityofPaloAito.org
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 6/9/20151:30:21 PM PT
ID: b4e0b2e4-1218-4482-b211-96076bebfdc7
Lalo Perez
Lalo. Perez@CityofPaloAito.org
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 6/9/2015 3:05:09 PM PT
ID: fa070a5c-af48-40ec-97d5-f814807e6b88
James Keene
james.keene@cityofpaloalto.org
City Manager
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 4/14/2015 5:40:07 PM PT
ID: 44fe333a-6a81-4cb 7 -b 7d4-925473ac82e3
In Person Signer Events
Editor Delivery Events
Signatures: 4
Initials: 0
Holder: Kim Lunt
kimberly .lunt@cityofpaloalto.org
Signature
Using IP Address: 199.33.32.254
~ DocuSigned by:
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Using IP Address: 199.33.32.254
1/.DocuSlQned by:
~0~~~
Using IP Address: 199.33.32.254
Using IP Address: 199.33.32.254
Signature
Status
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iii SIC:UIUP
Status: Completed
Envelope Originator:
Kim Lunt
250 Hamilton Ave
Palo Alto , CA 94301
kimberly.lunt@cityofpaloalto.org
IP Address: 199.33.32.254
Location: DocuSign
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Viewed: 6/2/20151:58:56 PM PT
Signed: 6/9/2015 1 :30:45 PM PT
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