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HomeMy WebLinkAboutRESO 10054 6056636A Resolution No. 10054 Resolution of the Council of the City of Palo Alto Implementing Water Use Restrictions in Stage II of the City’s 2020 Water Shortage Contingency Plan in Compliance with the State Water Resources Control Board’s May 24, 2022 Emergency Water Conservation Regulations, and Restricting Potable Irrigation to Two Days a Week, With Exceptions for Tree Health, Health and Safety and Certain Non-Residential Zone Irrigation 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 calling 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, 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. On June 9, 2021, the Santa Clara Valley Water District (Valley Water) Board declared a water shortage emergency, called for countywide water use reduction of 15% compared to 2019, and urged Santa Clara County to proclaim a local emergency (Resolution No. 21-68). The County ratified its proclamation of a drought emergency on June 22, 2021. E. On March 28, 2022 Governor Newsom issued Executive Order N-7-22 directing the State Water Resources Control Board (State Board) to consider adopting emergency regulations by May 25, 2022 that require each urban water supplier that has submitted a water shortage contingency plan to the Department of Water Resources to implement, at a minimum, the shortage response actions for a shortage level of up to 20%. F. On April 12, 2022, Valley Water’s Board amended Resolution No. 21 -68 with additional calls for water conservation, including calling for the County, water retailers and cities to: i) prohibit irrigation of lawns and ornamental landscaping during midday hours; and ii) restrict ornamental landscape and lawn irrigation within their service or jurisdictional areas to Mondays and Thursdays for odd numbered and numberless addresses and to Tuesdays and Fridays for even numbered addresses, for those that have not already adopted specific days when irrigation is permitted within their jurisdictional area. DocuSign Envelope ID: 19074A46-C594-4EA5-9F9E-D4DB1DA1AEF6 6056636A G. Additionally, Valley Water’s amended Resolution No. 21-68 calls for the public to: i) restrict outdoor watering of ornamental landscapes and lawns with potable water to no more than two days a week; ii) prioritize irrigation of established trees using low-flow irrigation over that of ornamental landscapes and lawns to reduce tree loss; iii) restrict the application of potable water to outdoor landscapes in a manner that causes more than incidental runoff such that water does not flow onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures; and iv) restrict the application of water to irrigate turf and ornamental landscapes during and within 48 hours after measurable rainfall. H. The City of Palo Alto has already taken actions, outlined below, that meet or exceed Valley Water’s calls for water conservation except for Valley Water’s call to restrict ornamental landscape and lawn irrigation to two days per week, which are included in Palo Alto’s permanent water use regulations (see Municipal Code Section 12.32.010); I. On March 7, 2022, the City Council implemented the following additional water use restrictions in Stage I of the Amended 2020 Water Shortage Contingency Plan (see Staff Report 13843 and Resolution 10022): (a) Irrigation with potable water during and within 48 hours after a measurable rainfall of at least one fourth of one inch of rain, as determined by the Director of Utilities, or his or her designee, and posted on the Palo Alto website, is prohibited. (b) The application of potable water to driveways, sidewalks, buildings, structures, patios, parking lots, or other hard surfaced areas 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. (c) Irrigation of ornamental turf on public street medians wit h potable water is prohibited. J. On May 24, 2022, the State Water Resources Control Board (State Board) adopted an Emergency Water Conservation Regulation that requires each urban water supplier that has submitted a water shortage contingency plan to the Department of Water Resources to implement, at a minimum, all demand reduction actions identified in the supplier’s water shortage contingency plan adopted for a shortage level of 10 to 20%. K. The State Board’s May 24, 2022 Emergency Water Conservation Regulations also prohibit the potable irrigation of non-functional turf at commercial, industrial, and institutional sites statewide, except as necessary to ensure the health of trees and other perennial non -turf plantings, or to the extent necessary to address an immediate health and safety need. L. In alignment with State requirements, on May 24, 2022 SFPUC adopted a systemwide voluntary water use reduction of 11% compared to baseline water use during Fiscal Year 2019-2020, effective July 1, 2022 (Resolution No. 22-0098). SFPUC will provide Palo Alto’s revised water purchase cutback during June 2022. DocuSign Envelope ID: 19074A46-C594-4EA5-9F9E-D4DB1DA1AEF6 6056636A M. The City has responded to the Governor’s voluntary water consumption reduction request and achieved an approximate 2% reduction in water use from July 1, 2021 – April 30, 2022 relative to July 1, 2019 – April 30, 2020. N. January - March 2022 were the driest ever recorded in California and for January through April 2022, Palo Alto’s water usage exceeded its monthly water budgets provided by SFPUC by 17% cumulatively. O. 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 and Section 3 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 unreasona ble 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. The water use restrictions outlined in this resolution are intended to be compatible with, rather than duplicate, the State Water Resources Control Board’s May 24, 2022 ban on potable irrigation of non-functional turf at commercial, industrial, and institutional sites, and no additional Council action is needed to implement the State Board’s regulation. SECTION 2. Council hereby adopts each of the Stage II water use restrictions included in Appendix H, “Water Use Restrictions” of the City’s amended 2020 Water Shortage Contingency Plan. SECTION 3. For the City’s residential water customers, potable irrigation of ornamental landscapes and lawns is restricted to two days a week, specifically: Mondays and Thursdays for odd numbered and numberless addresses, and Tuesdays and Fridays for even numbered addresses, except to ensure the health of trees and other perennial non -turf plantings. DocuSign Envelope ID: 19074A46-C594-4EA5-9F9E-D4DB1DA1AEF6 6056636A SECTION 4. For the City’s non-residential water customers, potable irrigation of ornamental landscapes is restricted to two days a week, specifically: Mondays and Thursdays for odd numbered and numberless addresses, and Tuesdays and Fridays for even numbered addresses, with the following exceptions: (i) potable irrigation of ornamental landscapes is permitted as necessary to ensure the health of trees and other perennial non-turf plantings, or to the extent necessary to address an immediate health and safety need; (ii) for non-residential customers who irrigate via zone, potable irrigation of ornamental landscapes is permitted on more than two days per week, so long as each irrigation zone within an individual property is irrigated no more than two days per week. SECTION 5. The water use restrictions in Stage II of the amended 2020 Water Shortage Contingency Plan and the two day per week potable irrigation restrictions and exceptions noted in Sections 3 and 4 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 6. Enforcement of the restrictions and requirements outlined in Stage I I of the amended 2020 Water Shortage Contingency Plan and the two day per week potable irrigation restrictions and exceptions noted in Section s 3 and 4 shall follow the education-based process outlined in Resolution 9460. // // // // // // // // // // // // DocuSign Envelope ID: 19074A46-C594-4EA5-9F9E-D4DB1DA1AEF6 6056636A // SECTION 7. Council’s adoption of this resolution implementing water use restrictions in Stage II of the 2020 Water Shortage Contingency Plan in compliance with the State Board’s May 24, 2022 emergency regulation and the two day per week potable irrigation restrictions and exceptions noted in Sections 3 and 4 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: June 20, 2022 AYES: BURT, CORMACK, DUBOIS, FILSETH, KOU, STONE, TANAKA NOES: 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: 19074A46-C594-4EA5-9F9E-D4DB1DA1AEF6 Certificate Of Completion Envelope Id: 19074A46C5944EA59F9ED4DB1DA1AEF6 Status: Completed Subject: Please DocuSign: RESO 10054 Implementing Water Use Restrictions in Stage II of the Citys 2020 W... Source Envelope: Document Pages: 5 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 6/21/2022 9:53:48 AM 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 Signed by link sent to amy.bartell@cityofpaloalto.org Using IP Address: 199.33.32.254 Sent: 6/21/2022 9:55:37 AM Viewed: 6/21/2022 10:04:00 AM Signed: 6/21/2022 10:05:00 AM 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 Signed by link sent to dean.batchelor@cityofpaloalto.org Using IP Address: 199.33.32.254 Sent: 6/21/2022 10:05:01 AM Viewed: 6/21/2022 10:21:35 AM Signed: 6/21/2022 10:21:48 AM 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 Signed by link sent to kiely.nose@cityofpaloalto.org Using IP Address: 199.33.32.254 Sent: 6/21/2022 10:21:50 AM Viewed: 6/21/2022 10:33:36 AM Signed: 6/21/2022 10:33:53 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp 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 Signed by link sent to ed.shikada@cityofpaloalto.org Using IP Address: 199.33.32.254 Sent: 6/21/2022 10:33:54 AM Viewed: 6/23/2022 8:31:59 AM Signed: 6/23/2022 8:32:32 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Patrick Burt pat@patburt.org Mr Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Signed by link sent to pat@patburt.org Using IP Address: 185.224.57.161 Sent: 6/23/2022 8:32:34 AM Viewed: 6/24/2022 1:59:26 AM Signed: 6/24/2022 2:04:20 AM 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 Signed by link sent to Lesley.Milton@CityofPaloAlto.org Using IP Address: 199.33.32.254 Sent: 6/24/2022 2:04:22 AM Viewed: 6/24/2022 9:35:54 AM Signed: 6/24/2022 9:36:03 AM 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 6/21/2022 9:55:37 AM Certified Delivered Security Checked 6/24/2022 9:35:54 AM Signing Complete Security Checked 6/24/2022 9:36:03 AM Completed Security Checked 6/24/2022 9:36:03 AM 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. 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