Loading...
HomeMy WebLinkAboutRESO 100226055591 Resolution No. 10022 Resolution of the Council of the City of Palo Alto Amending the City’s 2020 Water Shortage Contingency Plan in Compliance with the State Water Resources Control Board’s January 4, 2022 Emergency Water Conservation Regulation R E C I T A L S A. Governor Newsom has issued four proclamations dated April 21, May 10, July 8, and October 19, 2021 and Executive Order N-10-21 on July 8, 2021 declaring a drought emergency in all of the state’s 58 counties and called on all Californians to voluntarily reduce water use 15% from 2020 levels. B. On November 23, 2021, San Francisco Public Utilities Commission (SFPUC) declared a local water shortage emergency per the California Water Code (Division 1, Chapter 3, 350-359), called for voluntary systemwide 10% water use reduction, and authorized the General Manager to implement actions under the SFPUC’s 2020 Water Shortage Contingency Plan. C. The City receives 100% of its potable supplies from the San Francisco Public Utilities Commission (SFPUC). Palo Alto’s share of the amount of water allocated to the Wholesale Customers collectively is 7.89%, and Palo Alto’s water purchase cutback from FY 2019-2020 levels is 7.96% for Calendar Year 2022. D. The City has responded to the Governor’s voluntary water consumption reduction request and achieved an approximate 10% reduction in water use from July 1 - December 31, 2021 relative to 2020. E. On January 4, 2022, the State Water Resources Control Board (State Board) adopted an Emergency Water Conservation Regulation prohibiting certain wasteful water uses in order to preserve urban water supplies. F. While most of these prohibitions are already included in the Palo Alto’s municipal code (Section 12.32.010), three of the prohibitions are not. G. In order to address the SFPUC’s declaration of a water shortage emergency, to comply with the State Board’s Emergency Water Conservation Regulation and to ensure consistency with Palo Alto’s Water Shortage Contingency Plan (WSCP) adopted by the Council via Resolution 9965 on June 7, 2021, staff proposes modifying the WSCP to include the State Board’s additional restrictions and to make them applicable during Stage I of the City’s WSCP. H. 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 DocuSign Envelope ID: 2AE9A978-9097-4ABC-9269-454C4945D973 6055591 education-based enforcement procedure established by Resolution 9460 for violations o f 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. 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. Under Water Code section 10632(a)(10) the Council has the authority to evaluate the functionality of the WCSP in order to ensure appropriate water shortage mitigation strategies are implemented as needed. D. Amending the City’s 2020 Water Shortage Contingency Plan will address the SFPUC’s November 23, 2021 declaration of a water shortage emergency, and comply with the State Board’s January 4, 2022 Emergency Water Conservation Regulation, while maintaining 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” and Table 24 “WSCP Summary” of the amended 2020 Water Shortage Contingency Plan are hereby amended and adopted, as attached and incorporated. SECTION 3. Council hereby adopts each of the Stage I water use restrictions included in Appendix H, “Water Use Restrictions” of the City’s amended 2020 Water Shortage Contingency Plan. SECTION 4. The water use restrictions in Stage I of the amended 2020 Water Shortage Contingency Plan will remain in effect while the State Board’s Emergency Regulation is effective, which is expected to be for one year, and while the SFPUC’s declared water shortage emergency is in effect, or as directed by Council. SECTION 5. Enforcement of the restrictions and requirements outlined in Stage I of the amended 2020 Water Shortage Contingency Plan shall follow the education-based process outlined in Resolution 9460. DocuSign Envelope ID: 2AE9A978-9097-4ABC-9269-454C4945D973 6055591 SECTION 6. Council’s adoption of this resolution amending the 2020 Water Shortage Contingency Plan does not constitute a project under the California Environmental Quality Act and California Water Code Section 10652, and no environmental assessment is required. INTRODUCED AND PASSED: March 7, 2022 AYES: BURT, CORMACK, DUBOIS, FILSETH, KOU, STONE NOES: TANAKA ABSENT: ABSTENTIONS: ATTEST: ___________________________ ___________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ___________________________ ___________________________ Assistant City Attorney City Manager ___________________________ Director of Utilities ___________________________ Director of Administrative Services DocuSign Envelope ID: 2AE9A978-9097-4ABC-9269-454C4945D973 Certificate Of Completion Envelope Id: 2AE9A97890974ABC9269454C4945D973 Status: Completed Subject: Please DocuSign: RESO 10022 - Resolution Amending Citys 2020 Water Shortage Contingency Plan in... Source Envelope: Document Pages: 3 Signatures: 6 Envelope Originator: Certificate Pages: 5 Initials: 0 Mahealani Ah Yun AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 Mahealani.AhYun@CityofPaloAlto.org IP Address: 199.33.32.254 Record Tracking Status: Original 3/8/2022 4:33:17 PM Holder: Mahealani Ah Yun Mahealani.AhYun@CityofPaloAlto.org Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign Signer Events Signature Timestamp Amy Bartell amy.bartell@cityofpaloalto.org Assistant City Attorney City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 3/8/2022 4:45:33 PM Viewed: 3/8/2022 5:24:55 PM Signed: 3/8/2022 5:25:12 PM Electronic Record and Signature Disclosure: Accepted: 7/16/2015 5:52:40 AM ID: d8ecb53d-ef81-4016-8886-1560c48de42a Dean Batchelor dean.batchelor@cityofpaloalto.org Director of Utilities City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 3/8/2022 5:25:13 PM Viewed: 3/8/2022 5:37:19 PM Signed: 3/8/2022 5:37:27 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Kiely Nose kiely.nose@cityofpaloalto.org Director, Administrative Services/CFO City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 73.162.77.140 Sent: 3/8/2022 5:37:28 PM Viewed: 3/9/2022 12:46:52 PM Signed: 3/9/2022 12:47:06 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Ed Shikada ed.shikada@cityofpaloalto.org Ed Shikada, City Manager City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 3/9/2022 12:47:08 PM Viewed: 3/9/2022 2:54:23 PM Signed: 3/9/2022 2:54:28 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Patrick Burt pat@patburt.org Mr Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 98.35.161.52 Sent: 3/9/2022 2:54:29 PM Viewed: 3/9/2022 6:57:19 PM Signed: 3/9/2022 6:57:31 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Lesley Milton Lesley.Milton@CityofPaloAlto.org City Clerk Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 3/9/2022 6:57:33 PM Viewed: 3/11/2022 2:04:01 PM Signed: 3/11/2022 2:04:09 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/8/2022 4:45:33 PM Certified Delivered Security Checked 3/11/2022 2:04:01 PM Signing Complete Security Checked 3/11/2022 2:04:09 PM Completed Security Checked 3/11/2022 2:04:09 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure CONSUMER DISCLOSURE From time to time, City of Palo Alto (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. Electronic Record and Signature Disclosure created on: 10/1/2013 8:33:53 AM Parties agreed to: Amy Bartell How to contact City of Palo Alto: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: david.ramberg@cityofpaloalto.org To advise City of Palo Alto of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at david.ramberg@cityofpaloalto.org and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from City of Palo Alto To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to david.ramberg@cityofpaloalto.org and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Palo Alto To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to david.ramberg@cityofpaloalto.org and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows2000? or WindowsXP? Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetScape 7.2 (or above) Email: Access to a valid email account Screen Resolution: 800 x 600 minimum Enabled Security Settings: •Allow per session cookies •Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC CONSUMER DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and • Until or unless I notify City of Palo Alto as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Palo Alto during the course of my relationship with you.