HomeMy WebLinkAboutRESO 9615160613 jb 6053789 1
Resolution No. 9615
Resolution of the Council of the City of Palo Alto Repealing Resolution 9509 and
Implementing Water Use Restrictions in Stage I of the Water
Shortage Contingency Plan
R E C I T A L S
A. On January 17, 2014, Governor Edmund G. Brown Jr. issued Proclamation No. 1
172014 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
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 April 1, 2015, the Governor issued an Executive Order that directed the
SWRCB to impose restrictions on water suppliers to achieve a statewide 25 percent reduction in
potable urban water usage through February 2016.
D. On May 5, 2015, the State Water Resources Control Board adopted Resolution
No. 20150032 mandating potable water use reductions for all water suppliers in California and
implementing a number of water use restrictions. The City of Palo Alto (City) was issued a 24%
mandatory potable water use reduction compared to calendar year 2013.
E.
2010 Urban Water Management Plan and implementing all water use restrictions in Stage II of
F. On November 13, 2015, the Governor issued an Executive Order directing the
SWRCB to, if drought conditions persisted through January 2016, extend until October 31, 2016,
restrictions to achieve a statewide reduction in potable usage.
G. On May 9, 2016, the Governor issued and Executive order directing the SWRCB
to adjust and extend its emergency water conservation regulations through the end of January
2017 in recognition of the differing water supply conditions for many communities.
H. On May 16, 2016, City Council adopted Resolution 9589 approving the 2015
Urban Water Management Plan, including a revised Water Shortage Contingency Plan.
I. On May 16, 2016, City Council adopted an ordinance (effective July 7, 2016)
expanding the permanent water use restrictions in Palo Alto Municipal Code 12.32.010.
J. On May 18, 2016, the SWRCB modified and extended the emergency regulations
in California Code of Regulations, Title 23, Sections 864, and 865. Section 864 applies to all
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Californians and prohibits certain activities in promotion of water conservation, many of which
are already required by Palo Alto Municipal Code 12.32.010. Section 865 requires mandatory
outdoor irrigation restrictions and reporting by water suppliers, including urban water suppliers
like the City.
K. The City receives 100% of its potable supplies from the San Francisco Public
Utilities Commission (SFPUC). Under the new SWRCB regulation, SFPUC customers will have a
0% water reduction target. 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
L.
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.
M. The City has implemented an educationbased compliance plan and is working
with customers, including City facilities, to comply with the SWRB water use restrictions.
N. 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 nonobservance 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 for each day of
willful or repeated noncompliance.
The Council of the City of Palo Alto hereby 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. 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.
C. In recognition of the recent
implementation of
Contingency Plan is now appropriate.
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SECTION 2:
Management Plan and implemented all water use restrictions
Shortage Contingency Plan, is repealed.
SECTION 3: The Stage I 2015 Water
Shortage Contingency Plan, as described in the 2015 Urban Water Management Plan, are
in effect as of the date of this resolution.
SECTION 4. Implementation of Stage I of the Water Shortage Contingency
Plan will remain in effect for the 270 day period specified in SWRCB Resolution No. 20160029,
or as extended by the SWRCB.
SECTION 5. 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 6. Enforcement of the restrictions and requirements outlined in Stage I of
the Water Shortage Contingency Plan shall follow the educationbased process outlined in
Resolution 9460.
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SECTION 7. this resolution is categorically exempt from CEQA
under CEQA Guidelines 15307 (Actions by Regulatory Agencies for Protection of Natural
Resources).
INTRODUCED AND PASSED: August 15, 2016
AYES: BERMAN, BURT, DUBOIS, FILSETH, HOLMAN, KNISS, SCHARFF, SCHMID,
WOLBACH
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Senior Deputy City Attorney City Manager
Director of Utilities
Director of Administrative Services
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Appendix H of the City of Palo 2015 Urban Water Management Plan
WATER USE RESTRICTIONS
Water use restrictions will depend on local conditions and on the length of the water shortage or
drought. identifies measures appropriate for various stages
of action, based on reduction
existing water use regulations. Section A1 of this Appendix describes additional proposed permanent
water use regulations to be adopted by City Council Ordinance. The restrictions in Section B are
additional restrictions that could be applied in various stages or a drought or other water supply
shortage. These staged restrictions 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. Permanent Water Use Regulations (See Palo Alto Municipal Code Section 12.32.010)
1.Flooding or runoff of potable water into gutters, driveways, sidewalks, streets or other
unlandscaped areas is prohibited.
2.An operating shutoff valve is required for hoses used to wash cars, boats, trailers, buses or other
vehicles, or to wash sidewalks, building structures, other hardsurfaced areas or parts thereof. Use
of a hose for such purposes should be avoided whenever possible.
3.Potable water for consolidation of backfill and other nondomestic uses in construction shall not be
used if other water sources, such as reclaimed water, are available, as determined by the Director
of Utilities or his or her designee. Applicants for hydrant permits from the city of Palo Alto shall be
deemed to have consented to restrictions on water use which may be imposed by the Director of
Utilities or his or her designee.
4.Any broken or defective plumbing, sprinklers, watering or irrigation systems which permit the
escape or leakage of water shall be repaired or replaced as soon as possible, but no later than the
date established by the Director of Utilities, or his or her designee, as reasonable after observation
of the broken or defective system.
A1. Proposed Additional Water Use Restrictions, to be added to Palo Alto Municipal Code Section
12.32.010.
5.Ornamental landscape1 or turf irrigation with potable water shall not be allowed between 10:00
a.m. and 6:00 p.m., except via hand watering with a bucket or a hose with an operating shutoff
valve.
6.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.
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7.The use of potable water for street sweepers/washers is prohibited if nonpotable water is
available, as determined by the Director of Utilities, or his or her designee.
8.Commercial car washes must use recycled water systems, if economically feasible.
B. Additional Restrictions in Droughts or Other Water Supply
Shortages
Stage I:
No additional restrictions
Stage II:
1.Irrigation with potable water during and within 48 hours after a measurable rainfall, as determined
by the Director of Utilities, or his or her designee, and posted on the Palo Alto website, is
prohibited.
2.The irrigation of ornamental landscapes1 or turf with potable water more than three days per week
is prohibited during the months of April through October.2
2.The irrigation of ornamental landscapes or turf with potable water more than one day per week is
prohibited during the months of November through March. 2
3.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.
4.Restaurants and other food service operations shall serve water to customers only upon request.
5.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 III:
All water use restrictions for Stage II, and the following:
1.The irrigation of ornamental landscapes1 or turf with potable water more than two days per week
is prohibited during the months of April through October.2
2.The filling of newly constructed pools, spas and hot tubs is prohibited.
3.Water allocations may be imposed.
Irrigation with potable water on golf courses is limited to putting greens and tees.
Stage IV:
All water use restrictions for Stages II and III, and the following:
1. No new water service connections are permitted unless the customer pays for sufficient
conservation measures to be applied elsewhere in the City, to offset anticipated water use at the
site to be served by the new water service, as determined by the City of Palo Alto.
2.Drought tolerant landscaping that minimizes irrigation and runoff is required at new construction
sites, and nondrought tolerant landscaping is prohibited.
3.Ornamental landscape and turf irrigation with potable water is prohibited.
6.The washing of all vehicles is prohibited except for at commercial washing facility that recirculates
its water or uses recycled water.
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7.Sprinkler irrigation is prohibited.
1
landscapes that provide more than a purely aesthetic function.
2 Customers with a public or private nonresidential facility containing ornamental landscapes or turf which
supports a demonstrable business necessity or public benefit may apply for City approval of an alternative
irrigation schedule.
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