HomeMy WebLinkAboutStaff Report 13843
City of Palo Alto (ID # 13843)
City Council Staff Report
Meeting Date: 3/7/2022 Report Type: Consent Calendar
City of Palo Alto Page 1
Title: Adoption of a Resolution 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 Regulations and
Implementing Stage I of Palo Alto’s Amended 2020 Water Shortage
Contingency Plan
From: City Manager
Lead Department: Utilities
Recommended Motion
Staff recommends the Council adopt a Resolution amending the City’s 2020 Water
Shortage Contingency Plan in compliance with the State Water Resource Control
Board’s January 4, 2022 Emergency Water Conservation Regulations and implementing
the water use restrictions in Stage I of Palo Alto’s Amended 2020 Water Shortage
Contingency Plan.
Recommendation
Staff recommends the Council adopt a Resolution (Attachment A) amending the City’s
2020 Water Shortage Contingency Plan (Linked Document) and shown in redline
(Linked Document) in compliance with the State Water Resource Control Board’s
January 4, 2022 Emergency Water Conservation Regulations (Linked Document); and
implementing the water use restrictions in Stage I of Palo Alto’s Amended 2020 Water
Shortage Contingency Plan.
Executive Summary
California’s drought is ongoing and the City of Palo Alto’s (Palo Alto) water supplier, the
San Francisco Public Utilities Commission (SFPUC), declared a local water shortage
emergency by Resolution No. 21-0177 on November 23, 2021 calling for voluntary
systemwide 10% water use reductions. The SFPUC serves retail customers in San
Francisco as well as Palo Alto and 25 other customers (Wholesale Customers) in the Bay
Area. Wholesale Customers’ collective voluntary water purchase cutback level is 13.7%
from fiscal year (FY) 2019-2020 levels. Each Wholesale Customer has its own requested
cutback level and Palo Alto’s voluntary water purchase cutback level is 7.96%. Palo
Alto’s 2020 Water Shortage Contingency Plan (2020 WSCP) includes six stages of water
City of Palo Alto Page 2
shortage. Stage I is designed for cutbacks up to 10% and is the appropriate stage to
implement.
On January 4, 2022, the State Water Resources Control Board (State Board) adopted an
Emergency Water Conservation Regulation (January 4, 2022 Emergency Regulation)
prohibiting certain wasteful water uses in order to preserve urban water supplies. Most
of these wasteful water uses are already prohibited in Palo Alto by the eight permanent
water use restrictions in Palo Alto Municipal Code (PAMC) 12.32.010. However, three of
the prohibitions in the January 4, 2022 Emergency Regulation are not included in Palo
Alto’s permanent water use restrictions. To comply with the January 4, 2022 Emergency
Regulation, staff recommends adding the three requirements to Stage I of Palo Alto’s
2020 WSCP and implementing the water use restrictions in Stage I. The three additional
restrictions are:
1) Prohibiting the application of potable water to hardscapes (except when
health and safety are at risk); and
2) Prohibiting the application of water to irrigate turf and ornamental landscapes
during and within 48 hours after measurable rainfall of at least one fourth of
one inch of rain; and
3) Prohibiting the use of potable water for irrigation of ornamental turf on public
street medians.
The attached resolution amends the City’s 2020 WSCP in compliance with the January
4, 2022 Emergency Regulation and implements the water use restrictions in Stage I of
Palo Alto’s Amended 2020 WSCP. This action is consistent with the SFPUC’s request for
voluntary water use reductions and the State Board’s January 4, 2022 Emergency
Regulation.
Background
On April 21, May 10, July 8, 2021, and October 19, 2021 Governor Newsom issued
proclamations declaring a drought emergency in all of the state’s 58 counties. On July
8, 2021 Governor Newsom issued Executive Order N-10-21 calling on all Californians to
voluntarily reduce water use 15% from 2020 levels. Governor Newsom’s October 19,
2021 proclamation stated that the State Board may adopt emergency regulations, as it
deems necessary, to supplement voluntary conservation by prohibiting certain wasteful
water practices including:
a. The use of potable water for washing sidewalks, driveways, buildings, structures,
patios, parking lots, or other hard-surfaced areas, except in cases where health
and safety are at risk.
b. The use of potable water that results in flooding or runoff in gutters or streets.
c. The use of potable water, except with the use of a positive shut-off nozzle, for
the individual private washing of motor vehicles.
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d. The use of water to irrigate turf and ornamental landscapes during and within 48
hours after measurable rainfall of at least one-fourth of one inch of rain.
e. The use of potable water for irrigation of ornamental turf on public street
medians.
f. The use of potable water for street cleaning or construction purposes, unless no
other source of water or other method can be used or if necessary, to protect
the health and safety of the public.
g. The use of potable water for decorative fountains or the filling or topping-off of
decorative lakes or ponds, with exceptions for those decorative fountains, lakes,
or ponds which utilize recycled water.
On January 4, 2022, the State Board found that an emergency exists due to severe
drought conditions and adopted an emergency regulation prohibiting certain wasteful
water uses in order to preserve urban water supplies. Table 1 summarizes the
prohibitions.
On November 23, 2021, the SFPUC declared a local water shortage emergency by
Resolution No. 21-0177, per the California Water Code and called for voluntary
systemwide 10% water use reduction. In accordance with the Water Supply
Agreement1 Water Shortage Allocation Plan, SFPUC determined that 64% of the
available water supply is allocated to wholesale customers.2 The total water available to
Wholesale Customers during Calendar Year 2022 is 113.7 million gallons per day
(MGD), which represents a 13.7% cutback from Wholesale Customers’ collective usage
of 131.8 MGD during FY 2019-2020.3 The Bay Area Water Supply and Conservation
Agency (BAWSCA) determined through the use of the “Tier 2 Drought Implementation
Plan”4 that Palo Alto’s water purchase cutback is 7.96% from FY 2019-2020 levels.5
SFPUC, Palo Alto and the other Wholesale Customers will make good faith efforts to
reduce their water purchases to stay within their annual shortage allocations and
associated monthly water use budgets. Palo Alto will receive a monthly report from
SFPUC reflecting Palo Alto’s water usage compared to the monthly water budget
beginning in February 2022 for the month of January 2022. During voluntary rationing,
SFPUC will not impose excess use charges.
1 Attachment H of the 2018 Amended and Restated Water Supply Agreement.
2 November 30, 2021 letter from SFPUC to BAWSCA titled “2021 Water Shortage Emergency Declaration.”
3 Attachment to January 3, 2022 letter from SFPUC to Wholesale Customers titled “2021 Declaration of Water
Shortage – Final Emergency Monthly Water Budgets.”
4 The Wholesale Customers have negotiated and adopted the Tier Two Drought Implementation Plan (Tier Two),
which allocates the collective Wholesale Customer share among each of the 26 Wholesale Customers. Tier Two is
implemented when RWS shortages are between 10% and 20%. Tier Two allocations are based on a formula that
takes into account multiple factors for each Wholesale Customer including Individual Supply Guarantee, seasonal
use of all available water supplies, and residential per capita use.
5 In accordance with Attachment H of the 2018 Amended and Restated Water Supply Agreement, SFPUC provided
monthly water budgets for the calendar year 2022 totaling 4,379,585 CCF, which is an 7.96% cutback from Palo
Alto’s FY 2019-2020 water purchases of 4,757,199 CCF.
City of Palo Alto Page 4
Discussion
Palo Alto maintains eight permanent water use restrictions in the municipal code
(12.32.010) that prohibit the following uses of water:
(a) Potable water shall not be allowed to flood or run off
into gutters: driveways, sidewalks, streets or other
unlandscaped areas.
(b) By means of a hose to wash cars, boats, trailers,
buses or other vehicles or to wash sidewalks, building
structures, other hard-surfaced areas or parts thereof
without an operating automatic shut-off valve. Use of a hose
for such purposes should be avoided whenever possible.
(c) 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.
(d) 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.
(e) The irrigation of turf or ornamental landscapes, which
serve purely decorative purposes, and are distinguished from
trees, edible gardens or landscapes that provide more than a
purely aesthetic function, 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 shut-off
valve.
(f) 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.
(g) The use of potable water for street sweepers and
washers is prohibited if non-potable water is available, as
determined by the Director of Utilities, or his or her
designee.
(h) Commercial car washes must use recycled water
systems, if recycled water is available, as determined by the
Director of Utilities, or his or her designee, and economically
feasible.
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Additionally, Palo Alto has a plan to achieve various levels of water use reduction. This
2020 WSCP was approved by Council on June 7, 2021 (Resolution 9965). The 2020
WSCP includes six stages of water shortage and includes a suite of water use
restrictions available for Council’s consideration in droughts. Stage I – “Minimum Water
Supply Shortage” of the 2020 WSCP applies when target water savings are in the range
of up to 10%. This stage includes ongoing informational outreach and audit programs
on water saving information.
Staff recommends revising the 2020 WSCP to include all the prohibitions in the State
Board’s January 4, 2022 Emergency Regulation and implementing all of the provisions
in the revised Stage I The additional restrictions are:
1) Prohibiting the application of potable water to hardscapes (except for health
and safety); and
2) Prohibiting the application of water to irrigate turf and ornamental landscapes
during and within 48 hours after measurable rainfall of at least one fourth of
one inch of rain; and
3) Prohibiting the use of potable water for irrigation of ornamental turf on public
street medians.
The State Board has expressed an intent to allow communities to continue to irrigate
trees on public street medians, in recognition of the social and environmental benefits
trees provide.6 Palo Alto plans to ensure tree health while implementing the prohibition
on the use of potable water for irrigation of ornamental turf on public street medians by
turning off sprinklers that are located away from trees. While there are two medians in
Palo Alto with both trees and turf (Forest Avenue island and Oregon Expressway
between Cowper and Greer), only the Oregon Expressway median includes ornamental
turf. That median is located on county land that is maintained by Palo Alto. The Forest
Avenue island turf is not ornamental because it is used for recreation purposes.
Table 1 compares the prohibitions in the January 4, 2022 Emergency Regulations with
Palo Alto’s existing and proposed water use regulations.
6 See California Water Boards Fact Sheet; Drought Conservation Emergency Regulation – January 2022: Frequently
Asked Questions; available at
https://www.waterboards.ca.gov/water_issues/programs/conservation_portal/regs/docs/20220118-faq-
emergency-regulations-january-2022.pdf .
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Table 1 Comparison of Water Waste Prohibitions in the January 4, 2022
Emergency Regulation and the City of Palo Alto’s Existing and Proposed
Water Use Restrictions at Stage I
Prohibitions in January 2022 State
Board Emergency Regulations
City of Palo Alto’s Existing and
Proposed Water Use Restrictions
Section 995, Subdivision (b)(1)(A) prohibits
the application of potable water to outdoor
landscapes in a manner that causes more
than incidental runoff such that water flows
onto adjacent property, non-irrigated areas,
private and public walkways, roadways,
parking lots, or structures.
Permanent water use restriction: Palo Alto
Municipal Code (PAMC) Section 12.32.010 (a)
“Potable water shall not be allowed to flood
or run off into gutters: driveways, sidewalks,
streets or other unlandscaped areas.”
Section 995, Subdivision (b)(1)(B) prohibits
the use of a hose that dispenses water to
wash a motor vehicle, except where the hose
is fitted with a shut-off nozzle or device
attached to it that causes it to cease
dispensing water immediately when not in
use.
Permanent water use restriction: PAMC
Section 12.32.010 (b) “By means of a hose to
wash cars, boats, trailers, buses or other
vehicles or to wash sidewalks, building
structures, other hard-surfaced areas or parts
thereof without an operating automatic shut-
off valve. Use of a hose for such purposes
should be avoided whenever possible.”
Section 995, Subdivision (b)(1)(C) prohibits
the use of potable water for washing
sidewalks, driveways, buildings, structures,
patios, parking lots, or other hard surfaced
areas, except in cases where health and
safety are at risk.
Listed in the 2020 WSCP Stage II as an
additional restriction available for Council’s
consideration in droughts or other water
supply shortages: “(t)he 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.” Staff proposes adding each
of the hardscapes listed in the Regulation as
well as moving this to Stage I as an
additional restriction in compliance with State
Board’s January 4, 2022 Emergency
Regulation. The restriction would now read
“(t)he application of potable water to
driveways, and 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.”
City of Palo Alto Page 7
Prohibitions in January 2022 State
Board Emergency Regulations
City of Palo Alto’s Existing and
Proposed Water Use Restrictions
Section 995, Subdivision (b)(1)(D) prohibits
the use of potable water for street cleaning
or construction site preparation purposes,
unless no other method can be used or as
needed to protect the health and safety of
the public.
Permanent water use restriction PAMC
Section 12.32.010 (c) “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”; and (g) “The use of
potable water for street sweepers and
washers is prohibited if non-potable water is
available, as determined by the Director of
Utilities, or his or her designee.”
Section 995, Subdivision (b)(1)(F) prohibits
the application of water to irrigate turf and
ornamental landscapes during and within 48
hours after measurable rainfall of at least one
fourth of one inch of rain. In determining
whether measurable rainfall of at least fourth
of one inch of rain occurred in a given area,
enforcement may be based on records of the
National Weather Service, the closest CIMIS
station to the parcel, or any other reliable
source of rainfall data available to the entity
undertaking enforcement of this subdivision
Listed in the 2020 WSCP Stage II as an
additional restriction available for Council’s
consideration in droughts or other water
supply shortages. Staff proposed moving this
to Stage I as an additional restriction in
compliance with State Board’s January 4,
2022 Emergency Regulations and add one
fourth of one inch of rain requirement.
Section 995, Subdivision (b)(1)(G) prohibits
the use of potable water for irrigation of
ornamental turf on public street medians.
New restriction not listed in the WSCP. Add
as a Stage I restriction in compliance with the
State Board’s January 4, 2022 Emergency
Regulations
Section 995(c) of the State Board’s January 4, 2022 Emergency Regulation prohibits
homeowners’ associations, community service organizations, and similar entities from
imposing or threatening to impose penalties for reducing watering of lawns or from
requiring owners to reverse or remove landscaping measures in response to a declared
drought emergency. Palo Alto added a description of this requirement on its website to
assist with communicating this requirement to community members.
Similarly, Section 995(d) of the State Board’s January 4, 2022 Emergency Regulation
prohibits any city, county, or city and county, from imposing a fine under any local
maintenance ordinance or other relevant ordinance as prohibited by section 8627.7 of
City of Palo Alto Page 8
the Government Code. Palo Alto staff have communicated across departments that any
fines under any local maintenance ordinances are prohibited.
Enforcement
While Section 995(e) of the Emergency Regulation permits local agencies to impose
fines for non-compliance, the Board encourages local agencies to consider alternatives
as well. As such, Palo Alto will continue to focus on education and outreach and
providing resources to eliminate water waste and achieve efficient water use. Palo Alto’s
enforcement of the restrictions and requirements outlined in Stage I of the amended
2020 WSCP shall follow the education-based process outlined in Resolution 9460
(Attachment E).
Although efforts are currently focused on educating customers, a variety of
enforcement options remain available for violations of any of the City’s water use
restrictions in the City’s Municipal Code and Utilities Rules and Regulations including the
installation of flow restrictors and termination of service. The following process when
addressing violations of the City’s existing water use restrictions and SWRCB regulations
will continue prior to the more drastic options listed above:
• 1st Violation: Doorhanger/Email/Phone call to customer
• 2nd Violation: Doorhanger/Email/Phone call to customer
• 3rd Violation: Certified letter from the Utility Director notifying customer of
violation and potential future fines
• 4th Violation: Fines
The steps outlined above recognize that most violations occur because customers are
unaware of the prohibitions. The notification process accounts for normal occurrences
(i.e., vacation) and provides reasonable notice and an opportunity for customers to
mitigate the problem. The ultimate goal will remain reduced water waste.
Water waste is prohibited in Palo Alto and may be reported via email
(drought@cityofpaloalto.org), by leaving a voicemail (650) 496-6968 or via Palo Alto
311.
Timeline
SFPUC’s 10% voluntary system-wide water use reductions are in effect until the SFPUC
lifts the water shortage emergency. The State Board’s January 4, 2022 Emergency
Regulations are expected to become effective on or about January 15, 2022 when filed
with the Secretary of State by the Office of Administrative Law. The regulation will
remain in effect for one year from the effective date, unless the State Board determines
it is no longer necessary, modifies it, or renews the regulation.
Following Council approval, staff will coordinate to ensure that all involved staff (e.g.,
Utilities, Public Works, Development Services, Community Services, and Fire) are
City of Palo Alto Page 9
informed of the additional water use restrictions. The term of the City’s Resolution will
remain in effect while the State Board’s Emergency Regulation is effective, which is
expected to be for one year from the effective date, and/or while the SFPUC’s declared
water shortage emergency is in effect, or as directed by Council. When the SFPUC lifts
the water shortage emergency or a higher stage of conservation is needed from the
City’s 2020 WSCP, or if the State Board determines that the January 4, 2022 Emergency
Regulation is no longer necessary, modifies it, or renews the regulation, staff may
return to the City Council to implement a higher stage of the City’s Amended 2020
WSCP or make further modifications, as necessary.
Resource Impact
The Stage I outreach and water use restrictions described above and included in the
attached resolution will be accomplished within existing staff resources.
Environmental Review
Council’s adoption of the proposed resolution amending the City’s 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.
Attachments:
• Attachment A: Resolution Amending the City’s 2020 Water Shortage Contingency Plan
• Attachment E: Resolution 9460 Establishing Enforcement Process for Violations of the
Three Outdoor Water Use Restrictions
• Att A: Resolution Amending the City’s 2020 Water Shortage Contingency Plan
6055591
NOT YET APPROVED
Resolution No. _________
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.
Attachment A
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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
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.
I. The City Council held a public hearing on the proposed amendment to the WSCP
on INSERT DATE, the City Clerk having first duly given notice of the hearing as required by
Government Code Section 6061.
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
6055591
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.
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:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
___________________________ ___________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
___________________________ ___________________________
Assistant City Attorney City Manager
___________________________
Director of Utilities
___________________________
Director of Administrative Services
Attachment E
Resolution 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 10am and 6pm, 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
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NOT YET APPROVED
Resolution No. _________
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.
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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
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. 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.
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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.
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:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
___________________________ ___________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
___________________________ ___________________________
Assistant City Attorney City Manager
___________________________
Director of Utilities
___________________________
Director of Administrative Services