HomeMy WebLinkAboutStaff Report 14324
City of Palo Alto (ID # 14324)
City Council Staff Report
Meeting Date: 6/20/2022 Report Type: Consent Calendar
City of Palo Alto Page 1
Title: Adoption of a Resolution Implementing the Water Use Restrictions in
Stage II of Palo Alto’s Amended 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 No More Than Two Days a Week, with Exceptions for Tree
Health, Health and Safety, and Certain Non-Residential Zone Irrigation
From: City Manager
Lead Department: Utilities
Recommended Motion
Staff recommends the Council adopt a Resolution (Attachment A):
1) Implementing the water use restrictions in Stage II of Palo Alto’s Amended 2020 Water
Shortage Contingency Plan in compliance with the State Water Resource Control
Board’s May 24, 2022 Emergency Water Conservation Regulations (Attachment C);
2) For residential customers, restricting potable irrigation of ornamental landscapes and
lawns 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; and
3) For non-residential customers, restricting potable irrigation of ornamental landscapes 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:
a. 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, and
b. 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.
Executive Summary
City of Palo Alto Page 2
The attached resolution implements the water use restrictions in Stage II of Palo Alto’s
Amended 2020 Water Shortage Contingency Plan (WSCP). These actions are in compliance with
the State Board’s May 24, 2022 Emergency Water Conservation Regulations.
The additional water use restrictions in Stage II of Palo Alto’s Amended 2020 WSCP are:
1) Restaurants and other food service operations shall serve water to customers only upon
request.
2) 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.
Additionally, in response to recent calls to action by the Valley Water District (Valley Water),
the attached resolution restricts potable irrigation of ornamental landscapes and lawns to
Mondays and Thursdays for odd numbered and numberless addresses, and to Tuesdays and
Fridays for even numbered addresses, except as necessary to ensure the health of trees and
other perennial non-turf plantings. In addition, in recognition of the fact that some non-
residential properties may irrigate their ornamental landscapes via individual zones within the
property, making two day-per-week irrigation infeasible within the City’s existing time of day
restrictions, potable irrigation of ornamental landscapes is permitted for non-residential
properties on more than two days per week, so long as each irrigation zone within a particular
property is irrigated no more than two days per week.
Notably, the State Board’s May 24, 2022 Emergency Water Conservation Regulations 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. Staff’s
recommended water use restrictions are intended to be compatible with the State regulations,
rather than duplicate them. Therefore, no additional Council action is needed to implement
the State’s ban on potable irrigation of non-functional turf at commercial, industrial, and
institutional sites1. However, the State’s emergency regulations neither address nor define
non-residential “ornamental landscapes”, unlike the City’s municipal code and Valley Water’s
emergency declaration. Thus, the City’s proposed restrictions permit potable irrigation of non-
residential ornamental landscapes on two days per week, with certain exceptions. Table 2
summarizes the proposed potable irrigation restrictions for all three landscape types.
Background
The City is working to respond to and comply with a variety of new orders, regulations and calls
to action from the Governor, the State Water Resources Control Board (SWRCB), Santa Clara
Valley Water District, and San Francisco Public Utility Commission (SFPUC).
1 Except to the extent 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.
City of Palo Alto Page 3
On April 21, May 10, July 8, and October 19, 2021, Governor Newsom issued proclamations
declaring a drought emergency in all 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.
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.
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.
On March 7, 2022, Council adopted Resolution 10022 amending Palo Alto’s 2020 WSCP in
compliance with the State Board’s January 4, 2022 emergency water conservation regulations
and implementing the water use restrictions in Stage I of Palo Alto’s Amended 2020 WSCP.
On March 28, 2022 Governor Newsom issued Executive Order N-7-22 directing the Water
Board, by May 25, 2022, to consider adopting emergency regulations requiring urban water
suppliers who have submitted Water Shortage Contingency Plans (WSCP) to implement, at a
minimum, the shortage response actions associated with water shortage level of up to 20%;
and encouraging urban water suppliers to voluntarily activate more stringent local
requirements based upon a shortage level of up to 30%. Additionally, Executive Order N-7-22
requires the Water Board to consider adopting emergency regulations that define “non-
functional turf” as ornamental turf that is not otherwise used for human recreation purposes
such as school fields, sports fields, and parks, and ban irrigation of non-functional turf in the
commercial, industrial, and institutional sectors except as it may be required to ensure the
health of trees and other perennial non-turf plantings.
On May 24, 2022, the State Board adopted emergency regulations (see Regulation No. 2022-
0018) requiring urban water suppliers who have submitted WSCPs to implement, at a
minimum, the demand reduction actions associated with water shortage level of 10% to 20% by
June 10, 2022. The emergency regulations define “non-functional turf” as turf that is solely
ornamental and not regularly used for human recreation purposes or for civic or community
events, including sports fields.2 The emergency regulations also prohibit irrigation of non-
functional turf with potable water in the commercial, industrial, and institutional sectors 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.3 In addition, the City, as an
urban water supplier, is permitted to approve a request for continued irrigation of non-
functional turf where the user certifies that the turf is a low water use plant with a plant factor
2 California Code of Regulations, Title 23, Section 996(a)(5).
3 California Code of Regulations, Title 23, Section 996(e).
City of Palo Alto Page 4
of 0.3 or less, and demonstrates the actual use is less than 40% of reference
evapotranspiration.
The Santa Clara Valley Water District (Valley Water) is the groundwater management agency in
Santa Clara County. Although the City of Palo Alto obtains 100% of its potable water supply
from the SFPUC and does not use groundwater, Palo Alto partners with Valley Water to offer a
range of water conservation programs to the City’s residential and commercial customers. On
June 9, 2021, Valley Water’s Board declared a water shortage emergency condition pursuant to
California Water Code Section 350, 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. On April 12,
2022, Valley Water’s Board amended Resolution No. 21-68 (Attachment D) with additional calls
for water conservation, including calling for the County, water retailers and cities to restrict
ornamental landscape and lawn irrigation with potable water within their service or
jurisdictional areas to no more than two days per week.
Discussion
The various new water use prohibitions and calls to action from the State Water Resources
Control Board (SWRCB or State Board) and Valley Water are summarized below in Table 1. The
table also shows the relevant City of Palo Alto’s existing water use restrictions (both permanent
water use restrictions from Palo Alto Municipal Code (PAMC) Section 12.32.010, Stage I
restrictions implemented by Council on March 7, 2022 and proposed water use restrictions in
the attached draft resolution).
City of Palo Alto Page 5
Table 1: Comparison of Water Waste Prohibitions in the State Water Board’s May 24, 2022
Emergency Regulation, and Valley Water’s April 2022 Amended Resolution No. 21-68, with
the City of Palo Alto’s Existing and Proposed Water Use Restrictions
Prohibitions in May 2022 State Board Emergency
Regulations and “Calls to Action” in April 2022 Valley
Water Resolution No. 21-68
City of Palo Alto’s Existing and Proposed Water Use
Restrictions
Valley Water’s Amended Resolution No. 21-68, Section 6,
Bullet 3 calls for the public to “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;”
Permanent water use restriction 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.”
Valley Water’s Amended Resolution No. 21-68, Section 6,
Bullet 4 calls for the public to “restrict the application of
water to irrigate turf and ornamental landscapes during
and within 48 hours after measurable rainfall.”
Water Use Restriction in Stage I of Palo Alto’s
Amended Water Shortage Contingency Plan, effective
March 7, 2022 via Resolution 10022 “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.”
Valley Water’s Amended Resolution No. 21-68, Section 9,
Bullet 6 supports local adoption and enforcement of water
waste restrictions that may include prohibitions against
the “[u]se of potable water to irrigate turf, lawns, gardens,
or ornamental landscaping by means other than drip
irrigation, or hand watering without quick acting positive
action shut-off nozzles, on a specific schedule, for
example: 1) before 9:00 a.m. and after 5:00 p.m.; or 2)
selected days of the week;” and
Valley Water’s Amended Resolution No. 21-68, Section 11
Bullet 1 calls for the County, water retailers and cities to
“prohibit irrigation of lawns and ornamental landscaping
during midday hours”.
Permanent water use restriction PAMC Section
12.32.010 (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.”
State Board Emergency Regulation Section 996(c): “Each
urban water supplier that has submitted a water shortage
contingency plan to the Department of Water Resources
shall implement by June 10, 2022, at a minimum, all
demand reduction actions identified in the supplier’s
water shortage contingency plan adopted under Water
Code 10632 for a shortage level of ten (10) to twenty (20)
percent (Level 2).”
Staff recommends Council activate 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:
1) Restaurants and other food service operations
shall serve water to customers only upon request.
2) 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.
City of Palo Alto Page 6
Prohibitions in May 2022 State Board Emergency
Regulations and “Calls to Action” in April 2022 Valley
Water Resolution No. 21-68
City of Palo Alto’s Existing and Proposed Water Use
Restrictions
Valley Water’s Amended Resolution No. 21-68, Section 6,
Bullet 1 calls for the public to “restrict outdoor watering of
ornamental landscapes and lawns with potable water to
no more than two days a week;” and
Valley Water’s Amended Resolution No. 21-68, Section 6,
Bullet 2 calls for the public to “prioritize irrigation of
established trees using low-flow irrigation over that of
ornamental landscapes and lawns to reduce tree loss”; and
Valley Water’s Amended Resolution No. 21-68, Section 11
Bullet 2 calls for the County, water retailers and cities to
“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.”
Staff proposes to add this restriction in the attached
draft Resolution, Section 3 and Section 4.
Specifically, for residential customers, potable
irrigation of ornamental landscapes and lawns would
be 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.
For non-residential customers, potable irrigation of
ornamental landscapes would be 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; and
(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.
State Board Emergency Regulation Section 996(e):
(1): “To prevent the unreasonable use of water and to
promote water conservation, the use of potable water is
prohibited for the irrigation of non-functional turf at
commercial, industrial, and institutional sites.
(2) Notwithstanding subdivision (e)(1), the use of water is
not prohibited by this section to the extent 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.”
Section 996(a)(5) defines “non-functional turf” as “turf
that is solely ornamental and not regularly used for human
recreational purposes or for civic or community events.
Non-functional turf does not include sports fields and turf
that is regularly used for human recreational purposes or
These are State requirements and are therefore not
included in Palo Alto’s PAMC or additional water use
restrictions.
City of Palo Alto Page 7
Prohibitions in May 2022 State Board Emergency
Regulations and “Calls to Action” in April 2022 Valley
Water Resolution No. 21-68
City of Palo Alto’s Existing and Proposed Water Use
Restrictions
for civic or community events.”
SFPUC Supplier Water Use Reductions
SFPUC supplies 100% of Palo Alto’s potable water supply and on November 23, 2021, SFPUC
declared a water shortage emergency calling for voluntary systemwide water use reductions of
10%. Palo Alto’s assigned voluntary water purchase cutback is 7.96% from FY 2019-2020 levels.
For January – April 2022 cumulatively, Palo Alto’s water usage was 17% above the cumulative
SFPUC voluntary water budgets.
In response to the SWRCB’s May 24th emergency regulations, SFPUC also acted on May 24,
2022 via adoption of Resolution No. 22-0098 to comply with the SWRCB’s requirements,
including adopting a systemwide water use reduction of 11% compared to baseline water use
during Fiscal Year 2019-2020, which is associated with Shortage Level 2 of the SFPUC Water
Shortage Contingency Plan. Staff expects this to increase Palo Alto’s voluntary water purchase
cutback level from 7.96% to approximately 10% for 12 months, beginning in July (SFPUC has
indicated that it will provide the allocations by early June). Although staff expects the new
target to be consistent with Stage I of the City’s WSCP, the State Water Resources Control
Board (SWRCB) regulation requires the City to implement the Stage II restrictions. SFPUC’s
cutbacks are currently voluntary, however they could become mandatory in the fall if
insufficient water conservation is observed system-wide. Under mandatory cutbacks, Palo Alto
would face financial penalties if water usage continues to exceed its assigned water budget.
City of Palo Alto’s Existing Water Use Restrictions
Regardless of which stage of the City’s WSCP is in effect, Palo Alto permanently maintains eight
water use restrictions in PAMC Section 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
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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.
Additionally, Palo Alto’s WSCP is designed to achieve various levels of water use reduction. This
2020 WSCP was approved by Council on June 7, 2021 (Resolution 9965) and amended on March
7, 2022 (Resolution 10022). The Amended 2020 WSCP includes six stages of water shortage and
includes a suite of water use restrictions available for Council’s consideration in droughts.
On March 7, 2022, Council implemented the water use restrictions in Stage I – “Minimum
Water Supply Shortage” of the Amended 2020 WSCP. Stage I 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. The Stage I water use restrictions currently in effect are:
1. 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.
2. 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.
3. Irrigation of ornamental turf on public street medians with potable water is
prohibited.
State Board’s May 24, 2022 Emergency Regulation
The State Board’s May 24, 2022 Emergency Regulation requires urban water suppliers,
including Palo Alto, to implement Stage II – “Moderate Water Supply Shortage” for shortages of
10% to 20% by June 10, 2022. The additional water use restrictions in Stage II of Palo Alto’s
Amended 2020 WSCP are:
City of Palo Alto Page 9
1) Restaurants and other food service operations shall serve water to customers only upon
request.
2) 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.
The State Board’s May 24, 2022 Emergency Regulation prohibits the use of potable water for
the irrigation of “non-functional turf” at commercial, industrial, and institutional sites other
than to the extent 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.4 The
definition of non-functional turf provided by the State Board is “turf that is solely ornamental
and not regularly used for human recreational purposes or for civic or community events. Non-
functional turf does not include sports fields and turf that is regularly used for human
recreational purposes or for civic or community events.”5 Although the State Board’s May 24,
2022 Emergency Regulation is silent on irrigation requirements for commercial, industrial and
institutional sites with ornamental landscapes, Section 12.32.010(e) of the PAMC defines
ornamental landscapes as those “which serve purely decorative purposes, and are distinguished
from trees, edible gardens or landscapes that provide more than a purely aesthetic function6.”
Table 2 outlines the requirements for each landscape type.
Since the State Board’s restrictions regarding non-functional turf are now State law, they are
not contained in the City’s municipal code or WSCP. Palo Alto staff will communicate this
prohibition to commercial, industrial and institutional customers through website, newsletters,
bill inserts, email, and social media updates. Additionally, Palo Alto staff will share this
information with the business community through the Chamber of Commerce and Downtown
Association. Palo Alto will also comply with this prohibition for irrigation of non-functional turf
at City facilities.
Valley Water’s County-Wide Call Restricting Outdoor Watering of Non-Tree Ornamental
Landscapes and Lawns with Potable Water to Two Days a Week
Valley Water’s April 12, 2022 amended Resolution No. 21-68 calls for actions as shown in Table
1. Palo Alto has already implemented several of the water use restrictions called for by Valley
Water in its April 12, 2022 resolution, including: 1) a prohibition on flooding or runoff of potable
water into gutters, driveways, sidewalks, streets or other unlandscaped areas7; 2) prohibition
on irrigation of turf or ornamental landscapes, which serve purely decorative purposes, and are
4 California Code of Regulations, Title 23, Section 996(e).
5 California Code of Regulations, Title 23, Section 996(a)(5).
6 Green Stormwater Infrastructure, which is infrastructure built into the urban environment that utilizes plants and
soil to slow, collect, clean, and infiltrate stormwater runoff through natural processes, is not ornamental
landscape. See City of Palo Alto’s Green Stormwater Infrastructure Plan, accepted by Council on May 13, 2019
(Staff Report ID #9883).
7 See Valley Water Amended Resolution No. 21-68 Section 6, 3rd bulleted item, and Palo Alto Municipal Code
Section 12.32.010(a).
City of Palo Alto Page 10
distinguished from trees, edible gardens, or landscapes that provide more than a purely
aesthetic function, with potable water between 10:00am and 6:00pm, except via hand watering
with a bucket or hose with an operating shut-off valve8; and 3) a prohibition on irrigation with
potable water during and within 48 hours after a measurable rainfall.9
Although Palo Alto does not utilize groundwater for its water supplies and instead relies on the
SFPUC’s Regional Water System for potable water supply, Palo Alto is located in Santa Clara
County and supports consistent county-wide messaging regarding water conservation and
drought. Palo Alto also encourages water conservation in line with SFPUC’s request. So far in
2022 California experienced the driest conditions in recorded history and this likely contributed
to increased water usage for some customers. Further restrictions on potable irrigation
outlined above will allow Palo Alto to align with county-wide efforts and messaging as well as
assist in meeting the voluntary water budgets of Palo Alto’s water supplier.
Healthy Trees
It is important to maintain the health of the urban canopy in Palo Alto because trees have
numerous social and environmental benefits. For this reason, potable irrigation of ornamental
landscapes or lawns where irrigation benefits the health of trees and other perennial non-turf
plantings is specifically excluded from the proposed two-day per week potable irrigation
restriction in Palo Alto. Trees and other perennial non-turf plantings are also excluded from the
State’s ban on irrigation of non-functional turf at commercial, industrial and institutional sites.
In addition, Valley Water’s amended Resolution 21-68 calls for the public to prioritize irrigation
of established trees using low-flow irrigation over that of ornamental landscapes and lawns to
reduce tree loss. The restrictions included in the attached resolution and summarized below
have sufficient protections for tree health as well as the health of perennial non-turf plantings
sufficient to avoid detrimental impact on tree health in Palo Alto.
Staff plans to include information about trees and tree care, as well as encouraging responsible
tree watering and maintenance in outreach materials and messages about the potable
irrigation restriction to Palo Alto residents and businesses.
Summary of Proposed Potable Irrigation Restrictions
In summary, the proposed potable irrigation restrictions in Palo Alto are as follows: residential
customers should restrict ornamental landscape and lawn irrigation to Mondays and Thursdays
for odd numbered and numberless addresses, and to Tuesdays and Fridays for even numbered
addresses, except as it may be required to ensure the health of trees and other perennial non-
turf plantings. For non-residential customers, the Table 2 outlines the allowed irrigation
schedules for each type of outdoor area:
8 See Valley Water Amended Resolution No. 21-68 Section 9, 6th bulleted item, and Palo Alto Municipal Code
Section 12.32.010(e).
9 See Valley Water Amended Resolution No. 21-68 Section 6, 4th bulleted item, and Palo Alto’s Amended WSCP
Stage 1, 1st water use restriction, made effective on March 7, 2022 by Resolution 10022.
City of Palo Alto Page 11
Table 2: Proposed Potable Irrigation Schedules for Non-Residential Landscape Types
Non-Residential Landscape Type Trees or Perennial Non-Turf
Plants Included?
Irrigation Schedule
Functional turf (eg: playing
fields and golf courses)
Trees/Perennial Non-Turf Irrigate as necessary for health and
safety10 No Trees/No Perennial Non-
Turf
Ornamental landscape11 Trees/Perennial Non-Turf 2 days per week (Mo/Th for odd and
numberless, Tu/F for even, 2 days per
week by irrigation zone if applicable);
additional irrigation allowed for
tree/perennial non-turf health
No Trees/No Perennial Non-
Turf
2 days per week (Mo/Th for odd and
numberless, Tu/F for even, 2 days per
week by irrigation zone if applicable)
Non-functional Turf12 Trees/ Perennial Non-Turf Irrigation allowed for tree/perennial non-
turf health, or to address an immediate
health and safety need
No Trees/No Perennial Non-
Turf
Irrigation prohibited, except to address
immediate health and safety need
Enforcement
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 II of the amended 2020 WSCP as well as the restriction on
outdoor watering included in the attached resolution shall follow the education-based process
outlined in Resolution 9460 (Attachment B). The State Board’s emergency regulations provide
that violations of the State’s potable irrigation ban for non-functional turf at commercial,
industrial and institutional sites are infractions, punishable by fines of up to $500 per day13.
However, the State Board has also directed its staff and other entities considering enforcement
of the State’s regulation to consider warnings and non-monetary penalties.14 Local agencies
retain discretion on enforcement of the State’s regulations and are encouraged to “develop
their own progressive enforcement practices to encourage conservation”.15
10 Palo Alto permanently restricts 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 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.
11 Ornamental landscapes serve purely decorative purposes, and are distinguished from trees, edible gardens or
landscapes that provide more than a purely aesthetic function (PAMC 12.32.010(e).
12 The ban on potable irrigation of non-functional turf at commercial, industrial and institutional sites, except to
protect trees and perennial non-turf plants, or to address an immediate health and safety need, is a State
regulation, see California Code of Regulations, Title 23, Section 996(e).
14 State Water Resources Control Board Regulation No. 2022-0018, recitals 16 and 17.
15 Regulation No. 2022-0018, recital 17.
City of Palo Alto Page 12
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 water
use restrictions 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
The State Board’s May 24, 2022 Emergency Regulations are expected to become effective on or
about June 10, 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 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
May 24, 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
Staff is in the process of hiring an hourly Water Waste Coordinator. The Water Waste
Coordinator will log incidents, coordinate field crews to respond to reports, track number of
incidents per site and help with issuance of certified letters and enforcement. Funding for this
position will be covered by the water fund at an estimated cost of $35,000.
City of Palo Alto Page 13
Environmental Review
Council’s adoption of the proposed resolution implementing water use restrictions in Stage II of
the Amended 2020 WSCP and restricting potable irrigation of ornamental landscapes and lawns
to Mondays and Thursdays for odd numbered and numberless addresses, and to Tuesdays and
Fridays for even numbered addresses, with the exceptions noted above 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 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
• Attachment B: Resolution 9460
• Attachment C: State Board May 24 2022 Emergency Regulation
• Attachment D: Valley Water Amended Resolution 21-68
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Resolution No. _________
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.
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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 with
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.
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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 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. 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.
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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 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 shall follow the education-based process
outlined in Resolution 9460.
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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:
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 B
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
STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2022-0018
TO ADOPT AN EMERGENCY REGULATION
TO REDUCE WATER DEMAND AND IMPROVE WATER CONSERVATION
WHEREAS:
1. On April 21, May 10, July 8, and October 19, 2021, Governor Newsom issued
proclamations that a state of emergency exists statewide due to severe drought
conditions and directed state agencies to take immediate action to preserve
critical water supplies and mitigate the effects of drought and ensure the
protection of health, safety, and the environment.
2. These proclamations urge Californians to reduce their water use.
3. On March 28, 2022, Governor Newsom signed an Executive Order directing the
State Water Resources Control Board (State Water Board or Board) to consider
adopting emergency regulations to increase water conservation. The Executive
Order includes a request that the Board require urban water suppliers to
implement Level 2 of their water shortage contingency plans, establish water
shortage response actions for urban water suppliers that have not submitted
water shortage contingency plans, taking into consideration model actions that
the Department of Water Resources, and establish a ban on the irrigation of non-
functional turf by entities in the commercial, industrial, and institutional sectors.
4. Many Californians and urban water suppliers have taken bold steps over the
years to reduce water use; nevertheless, the severity of the current drought
requires additional conservation actions from urban water suppliers, residents,
and the commercial, industrial, and institutional sectors.
5. Water conservation is the easiest, most efficient, and most cost-effective way to
quickly reduce water demand and extend limited water supplies through this
summer and into the next year, providing flexibility for all California communities.
Water saved is water available next year, giving water suppliers added flexibility
to manage their systems effectively over time. The more water that is conserved
now, the less likely it is that a community will experience dire shortages that may
require water rationing or other emergency actions.
6. Most Californians use more water outdoors than indoors. In many areas,
50 percent or more of daily water use is for irrigation of lawns and outdoor
landscaping irrigation. Outdoor water use is generally discretionary, and many
irrigated landscapes would not suffer greatly from receiving a decreased amount
of water.
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7. The use of potable water to irrigate turf on commercial, industrial, or institutional
properties that is not regularly used for human recreational purposes or for civic
or community events can be reduced in commercial, industrial, and institutional
areas to protect local water resources and enhance water resiliency.
8. Public information and awareness are critical to achieving conservation goals,
and the Save Our Water campaign (SaveOurWater.com), run jointly by the
Department of Water Resources (DWR) and the Association of California Water
Agencies, is an excellent resource for conservation information and messaging
that is integral to effective drought response.
9. SaveWater.CA.Gov is an online tool designed to help save water in communities.
This website lets anyone easily report water waste from their phone, tablet, or
computer by simply selecting the type of water waste they see, typing in the
address where the waste is occurring, and clicking send. These reports are filed
directly with the State Water Board and relevant local water supplier.
10. Enforcement against water waste is a key tool in conservation programs. When
conservation becomes a social norm in a community, the need for enforcement is
reduced or eliminated.
11. On March 28, 2022, the Governor suspended the environmental review required
by the California Environmental Quality Act to allow State Water Board-adopted
drought conservation emergency regulations and other actions to take place
quickly to respond to emergency conditions.
12. Water Code section 1058.5 grants the State Water Board the authority to adopt
emergency regulations in certain drought years in order to: “prevent the waste,
unreasonable use, unreasonable method of use, or unreasonable method of
diversion, of water, to promote water recycling or water conservation, to require
curtailment of diversions when water is not available under the diverter’s priority
of right, or in furtherance of any of the foregoing, to require reporting of diversion
or use or the preparation of monitoring reports.”
13. On May 13, 2022, the State Water Board issued public notice that it will consider
the adoption of the regulation at the Board’s regularly scheduled May 24, 2022
public meeting, in accordance with applicable State laws and regulations. The
State Water Board also distributed for public review and comment a Finding of
Emergency that complies with State laws and regulations.
14. The emergency regulation exempts suppliers from enforcing connection
moratoria, if their Level 2 demand management actions call for them, because
new residential connections are critical to addressing the state’s housing supply
shortage. However, the Board recognizes connections for other projects may not
be appropriate given the shortage conditions and urges water suppliers to
carefully evaluate new development projects for their water use impacts.
3
15. Disadvantaged communities may require assistance responding to Level 2
conservation requirements, including irrigation restrictions, temporary changes to
rate structures, and prohibited water uses. State shortage contingency plans
aimed at increasing water conservation, and state and local agencies should look
for opportunities to provide assistance in promoting water conservation. This
assistance should include but not be limited to translation of regulation text and
dissemination of water conservation announcements into languages spoken by
at least 10 percent of the people who reside in a water supplier’s service area,
such as in newspaper advertisements, bill inserts, website homepage, social
media, and notices in public libraries.
16. The Board directs staff to consider the following in pursuing any enforcement of
section 996, subdivision (e): before imposing monetary penalties, staff shall
provide one or more warnings; monetary penalties must be based on an ability to
pay determination, consider allowing a payment plan of at least 12 months, and
shall not result in a tax lien; and Board enforcement shall not result in shutoff.
17. The Board encourages entities other than Board staff that consider any
enforcement of this regulation to apply these same factors identified in resolved
paragraph 16. Nothing in the regulation or in the enforcement provisions of the
regulation precludes a local agency from exercising its authority to adopt more
stringent conservation measures. Moreover, the Water Code does not impose a
mandatory penalty for violations of the regulation adopted by this resolution, and
local agencies retain their enforcement discretion in enforcing the regulation, to
the extent authorized, and may develop their own progressive enforcement
practices to encourage conservation.
THEREFORE BE IT RESOLVED THAT:
1. The State Water Board adopts California Code of Regulations, title 23, section
996, as appended to this resolution as an emergency regulation that applies to
urban water suppliers, as defined by Water Code section 10617.
2. State Water Board staff shall submit the regulation to the Office of Administrative
Law (OAL) for final approval.
3. If, during the approval process, State Water Board staff, the State Water Board,
or OAL determines that minor corrections to the language of the regulation or
supporting documentation are needed for clarity or consistency, the State Water
Board Executive Director or designee may make such changes.
4
4. This regulation shall remain in effect for one year after filing with the Secretary of
State unless the State Water Board determines that it is no longer necessary due
to changed conditions or unless the State Water Board renews the regulation
due to continued drought conditions, as described in Water Code section 1058.5.
5. The State Water Board directs State Water Board staff to work with the
Department of Water Resources and the Save Our Water campaign to
disseminate information regarding the emergency regulation.
6. The State Water Board directs staff to, by January 1, 2023, survey urban water
suppliers on their experience protecting trees and tree cover during drought, with
attention to disadvantaged communities. The survey shall inquire about
challenges encountered, strategies used, costs, and successes in protecting
trees.
7. Nothing in the regulation or in the enforcement provisions of the regulation
precludes a local agency from exercising its authority to adopt more stringent
conservation measures. Local agencies are encouraged to develop their own
progressive enforcement practices to promote conservation.
CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true,
and correct copy of a resolution duly and regularly adopted at a meeting of the State
Water Resources Control Board held on May 24, 2022.
AYE: Chair E. Joaquin Esquivel
Vice Chair Dorene D’Adamo
Board Member Sean Maguire
Board Member Laurel Firestone
NAY: None
ABSENT: Board Member Nichole Morgan
ABSTAIN: None
Jeanine Townsend
Clerk to the Board
5
ADOPTED EMERGENCY REGULATION TEXT
Version: May 24, 2022
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality
Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation
Article 2. Prevention of Drought Wasteful Water Uses
§ 996. Urban Drought Response Actions
(a) As used in this section:
(1) “Commercial, industrial and institutional” refers to commercial water users,
industrial water users, and institutional water users as respectively defined in
Water Code, section 10608.12, subdivisions (e), (i), and (j), and includes
homeowners’ associations, common interest developments, community service
organizations, and other similar entities but does not include the residences of
these entities’ members or separate interests.
(2) “Common interest development” has the same meaning as in section 4100 of
the Civil Code.
(3) “Community service organization or similar entity” has the same meaning as
in section 4110 of the Civil Code.
(4) “Homeowners’ association” means an “association” as defined in section
4080 of the Civil Code.
(5) “Non-functional turf” means turf that is solely ornamental and not regularly
used for human recreational purposes or for civic or community events. Non-
functional turf does not include sports fields and turf that is regularly used for
human recreational purposes or for civic or community events.
(6) “Plant factor” has the same meaning as in section 491.
(7) “Separate interest” has the same meaning as in section 4185 of the Civil
Code.
(8) “Turf” has the same meaning as in section 491.
(9) “Urban water supplier” has the same meaning as Water Code section 10617.
(10) “Water shortage contingency plan” means the plan required by Water Code
section 10632.
(b) Each urban water supplier shall submit to the Department of Water Resources a
preliminary annual water supply and demand assessment consistent with section
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10632.1 of the Water Code no later than June 1, 2022, and submit a final annual
water supply and demand assessment to the Department of Water Resources no
later than the deadline set by section 10632.1 of the Water Code.
(c) (1) Each urban water supplier that has submitted a water shortage contingency
plan to the Department of Water Resources shall implement by June 10, 2022, at
a minimum, all demand reduction actions identified in the supplier’s water
shortage contingency plan adopted under Water Code 10632 for a shortage level
of ten (10) to twenty (20) percent (Level 2).
(2) Notwithstanding subdivision (c)(1), urban water suppliers shall not be required
to implement new residential connection moratoria pursuant to this section.
(3) Notwithstanding subdivision (c)(1), an urban water supplier may implement
the actions identified in subdivision (d) in lieu of implementing the demand
reduction actions identified in the supplier’s water shortage contingency plan
adopted under Water Code section 10632 for a shortage level of ten (10) to
twenty (20) percent (Level 2), provided the supplier meets all of the following:
(i) The supplier’s annual water supply and demand assessment submitted to the
Department of Water Resources demonstrates an ability to maintain reliable
supply until September 30, 2023.
(ii) The supplier does not rely on, for any part of its supply, the Colorado River,
State Water Project, or Central Valley Project, and no more than ten (10) percent
of its supply comes from critically overdrafted groundwater basins as designated
by the Department of Water Resources.
(iii) The supplier's average number of gallons of water used per person per day
by residential customers for the year 2020 is below 55 gallons, as reported to the
Board in the Electronic Annual Report.
(d) Each urban water supplier that has not submitted a water shortage contingency
plan to the Department of Water Resources shall, by June 10, 2022, and
continuing until the supplier has implemented all demand reduction actions
identified in the supplier’s water shortage contingency plan adopted under Water
Code 10632 for a shortage level of ten (10) to twenty (20) percent (Level 2),
implement at a minimum the following actions:
(1) Initiate a public information and outreach campaign for water conservation
and promptly and effectively reach the supplier’s customers, using efforts such
as email, paper mail, bill inserts, customer app notifications, news articles,
websites, community events, radio and television, billboards, and social media.
(2) Implement and enforce a rule or ordinance limiting landscape irrigation with
potable water to no more than two (2) days per week and prohibiting landscape
irrigation with potable water between the hours of 10:00 a.m. and 6:00 p.m.
(3) Implement and enforce a rule or ordinance banning, at a minimum, the water
uses prohibited by section 995. Adoption of a rule or ordinance is not required if
the supplier has authority to enforce, as infractions, the prohibitions in section
995 and takes enforcement against violations.
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(e) (1) To prevent the unreasonable use of water and to promote water conservation,
the use of potable water is prohibited for the irrigation of non-functional turf at
commercial, industrial, and institutional sites.
(2) Notwithstanding subdivision (e)(1), the use of water is not prohibited by this
section to the extent 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.
(3) Notwithstanding subdivision (e)(1), an urban water supplier may approve a
request for continued irrigation of non-functional turf where the user certifies that
the turf is a low water use plant with a plant factor of 0.3 or less, and
demonstrates the actual use is less than 40% of reference evapotranspiration.
(f) The taking of any action prohibited in subdivision (e) is an infraction punishable
by a fine of up to five hundred dollars ($500) for each day in which the violation
occurs. The fine for the infraction is in addition to, and does not supersede or
limit, any other remedies, civil or criminal.
(g) A decision or order issued under this section by the Board, or an officer or
employee of the Board, is subject to reconsideration under article 2 (commencing
with section 1122) of chapter 4 of part 1 of division 2 of the Water Code.
Authority: Section 1058.5, Water Code.
References: Article X, Section 2, California Constitution; Sections 4080, 4100, 4110,
and 4185, Civil Code; Section 8627.7, Government Code; Sections 102, 104, 105, 275,
350, 377, 491, 1122, 10608.12, 10617, 10632, and 10632.1, Water Code; Light v. State
Water Resources Control Board (2014) 226 Cal.App.4th 1463; Stanford Vina Ranch
Irrigation Co. v. State of California (2020) 50 Cal.App.5th 976.
RL14826 1
BOARD OF DIRECTORS SANTA CLARA VALLEY WATER DISTRICT
RESOLUTION NO. 22-XX
RESOLUTION AMENDING RESOLUTION NO. 21-68 RESCINDING RESOLUTION 17-43, DECLARING A WATER SHORTAGE EMERGENCY CONDITION CALLING FOR WATER USE RESTRICTIONS, AND URGING THE COUNTY OF SANTA CLARA TO PROCLAIM A LOCAL EMERGENCY
WHEREAS, on June 9, 2021, the Board of Directors (Board) of the Santa Clara Valley Water
District (Valley Water) adopted Resolution No. 21-68 (Attachment 1) declaring a water shortage
emergency condition pursuant to Water Code Section 350 and calling for water use restrictions;
and
WHEREAS, the Board’s call for water use restrictions included, but was not limited to: (i) a
restriction to outdoor watering of ornamental landscapes or lawns with potable water to a
maximum of three days a week, and (ii) support of local adoption and enforcement of additional
water waste restrictions by cities, retailers, and the County to achieve a 15% water use
reduction target compared to 2019 water use; and
WHEREAS, Santa Clara County’s Director of Emergency Services has proclaimed a local
drought emergency on June 15, 2021, which was ratified by the Santa Clara County Board of
Supervisors on June 22, 2021; and
WHEREAS, Santa Clara County was included in the Governor’s drought emergency
proclamation on July 8, 2021, and the entire state of California was included on October 19,
2021; and
WHEREAS, on January 4, 2022, the State Water Resources Control Board adopted an
emergency regulation by Resolution No. 2022-0002, which contains restrictions to prevent the
wasteful and unreasonable use of water, promote water conservation, and set forth monetary
penalties for its violation; and
WHEREAS, the first three months of Calendar Year 2022 were the driest on record for Santa
Clara County, and Valley Water’s Federal and State imported water allocations have been
reduced to historic lows; and
WHEREAS, on March 28, 2022, Governor Gavin Newsom issued Executive Order N-7-22 to
call on local water suppliers to move to Stage 2 of their water shortage contingency plans, at a
minimum, and directed the State Water Resources Control Board to evaluate the adoption of
regulations banning irrigation of decorative grass around commercial, industrial and institutional
buildings, which is estimated to result in potential water savings of several hundred thousand
acre-feet; and
WHEREAS, trees and shrubs can be responsibly planted and maintained during drought, even
one as historic and severe as the current one; and that trees, especially drought-tolerant, native
species, can provide many social and environmental benefits; and
WHEREAS, because of persistent and unyielding drought conditions, the Board seeks to amend
and add a number of restrictions to those previously adopted under Resolution No. 21-68,
Supplemental Attachment 4 Page 1 of 10
Attachment D
Resolution Amending Resolution No. 21-68 Rescinding Resolution 17-43, Declaring a Water
Shortage Emergency Condition Calling for Water Use Restrictions, and Urging the County of
Santa Clara to Proclaim a Local Emergency Resolution No. 22-XX
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including reducing the maximum number of days per week the public may irrigate ornamental
landscapes or lawns; and
WHEREAS, the amended and additional restrictions as stated in this Amended Resolution are
necessary to conserve the limited water supply of Valley Water for the greatest public benefit
with particular regard to public health, fire protection, and domestic use without threatening local
land subsidence, by ensuring the conservation of water, by avoiding the waste of water, and by
reducing water use in the County in a fair and equitable manner.
NOW, THEREFORE BE IT RESOLVED that the Board of Directors of the Santa Clara Valley
Water District hereby amends Resolution No. 21-68 (attached as Attachment 1) as follows:
1. Section 6 is replaced with:
“Calls for the public to:
• restrict outdoor watering of ornamental landscapes and lawns with potable water
to no more than two days a week; and
• prioritize irrigation of established trees using low-flow irrigation over that of
ornamental landscapes and lawns to reduce tree loss; and
• 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
• restrict the application of water to irrigate turf and ornamental landscapes during
and within 48 hours after measurable rainfall”
2. In Section 9, replace the 6th bulleted item with:
“• Use of potable water to irrigate turf, lawns, gardens, or ornamental landscaping
by means other than drip irrigation, or hand watering without quick acting positive
action shut-off nozzles, on a specific schedule, for example: 1) before 9:00 a.m.
and after 5:00 p.m.; or 2) selected days of the week;”
3. Add the following as Section 11:
“Calls for the County, water retailers and cities to:
• prohibit irrigation of lawns and ornamental landscaping during midday hours; and
• 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.”
Supplemental Attachment 4 Page 2 of 10
Resolution Amending Resolution No. 21-68 Rescinding Resolution 17-43, Declaring a Water
Shortage Emergency Condition Calling for Water Use Restrictions, and Urging the County of
Santa Clara to Proclaim a Local Emergency Resolution No. 22-XX
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4. Add the following as Section 12:
“that Valley Water continues to pursue actions corresponding to Stage 3 of its Water
Shortage Contingency Plan, including close coordination with the County, cities,
retailers, large landscapers and agricultural users to implement ordinances and water
use restrictions; aggressive and consistent communication efforts to request significant
behavioral change of water users; and augmentation of local water supplies through
transfers and withdrawals from groundwater banks.”
PASSED AND ADOPTED by the Board of Directors of the Santa Clara Valley Water District by
the following vote on April 12, 2022:
AYES: Directors
NOES: Directors
ABSENT: Directors
ABSTAIN: Directors
SANTA CLARA VALLEY WATER DISTRICT
____________________________________
JOHN L. VARELA
Chair Pro Tem, Board of Directors
ATTEST: MICHELE L. KING, CMC
__________________________________
Clerk, Board of Directors
Supplemental Attachment 4 Page 3 of 10
Resolution Amending Resolution No. 21-68 Rescinding Resolution 17-43, Declaring a Water
Shortage Emergency Condition Calling for Water Use Restrictions, and Urging the County of
Santa Clara to Proclaim a Local Emergency Resolution No. 22-XX
RL14826 4
EXHIBIT A
COVERSHEET
BOARD RESOLUTION NO. 21-68
No. of Pages: 6
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