EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: September 5, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Batool Zaro, Associate Engineer
Humza Javed, Public Works Director
SUBJECT: Rescind the Water Shortage Emergency Declaration Recommendation
Adopt a resolution:
• Rescinding the declaration of a water shortage emergency adopted by the City Council on June 21, 2022, and declaring that a water shortage condition no longer exists as required by the adopted Water Shortage Contingency Plan • Directing staff to continue implementing water use restrictions consistent with Title 23, Sections 995 and 996(e)(1) of the California Code of Regulations for the duration that this emergency regulation is in effect.
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
Promote Health and Public Safety
Background
On November 23, 2021, the San Francisco Public Utilities Commission declared a water shortage emergency calling for a 10% voluntary reduction from July 2019 to June 2020 levels.
On March 28, 2022, Governor Newsom issued an Executive Order directing the California State Water Resources Control Board and local water agencies to enact shortage response actions consistent with local drought contingency plans. On May 24, 2022, the California State Water Resources Control Board adopted emergency regulations for 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 adopted under Section 10632 of the Water Code for a shortage level of up to 20% (Level 2) by June 10, 2022. On June 21, 2022, the City Council declared a water shortage emergency and adopted water use restrictions from Level 2 of the City of East Palo Alto’s Water Shortage Contingency Plan.
After three consecutive dry years, significant rain and snowfall from this past winter have effectively ended the drought in many areas of the state. On March 24, 2023, Governor Newsom rolled back many drought emergency provisions through Executive Order N-5-23 due to current water conditions and maintained other conservation measures that support regions still facing water supply challenges. This executive order:
• Ends the voluntary 15% water conservation target, while continuing to encourage Californians to make conservation a way of life.
• Ends the request that urban water suppliers implement Level 2 of their water shortage contingency plan.
• Maintains the ban on wasteful water uses, such as watering ornamental grass on commercial properties.
• Preserves all current emergency orders focused on groundwater supply, where the effects of the multi-year drought continue to be devastating. • Maintains orders focused on specific watersheds that have not benefited as much from recent rains, including the Klamath River and Colorado River basins, which both remain in drought.
• Retains a state of emergency for all 58 counties to allow for drought response and recovery efforts to continue.
The Governor’s Executive Order N-5-23 does not end the statewide declaration of a water shortage emergency. These executive actions were directed to the State Water Resources Control Board (SWRCB), where the Board adopted these emergency regulations and received approval from the Office of Administrative Law on June 10, 2022. Portions of the drought restrictions, such as the requirement to implement Level 2 demand reduction actions and the ban on irrigating non-functional turf, expired on June 10, 2023.
On April 11, 2023, the San Francisco Public Utilities Commission (SFPUC) unanimously passed an action to rescind their declaration of a local water shortage emergency. While the declaration has been rescinded, there remains a voluntary call for an 11% water use reduction within the San Francisco Regional Water System. The action approved by the SFPUC enables that 11% call to be dropped when the associated SWRCB drought action requirements are eliminated or expire. SWRCB requirements expired on June 10, 2023.
Analysis
Water Supply Update
Water supply conditions in the San Francisco Regional Water System (SFRWS) have drastically improved. As of March 20, 2023, the SFRWS is at 87.2% of total system storage.
For comparison, the median storage level for this day is 80.2%, which is based on historical storage data from years 1991 through 2020.
Water Use Reductions
On November 23, 2021, the San Francisco Public Utilities Commission declared a water shortage emergency calling for 10% voluntary reduction from July 2019 to June 2020 levels.
Ongoing Water Restrictions
While Executive Order N-5-23 has cut back many water conservation measures, the following restrictions on wasteful water use are still in effect. • Wasteful and Unreasonable Water Uses per Title 23, Section 995 of the California Code of Regulations – This emergency regulation was readopted in December 2022 and extended until December 21, 2023. Until then, the following actions are still prohibited:
o The application of potable water to outdoor landscapes in a manner that causes more than incidental runoff such that water flows onto adjacent property, nonirrigated areas, private and public walkways, roadways, parking lots, or structures.
o 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.
o 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.
o 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.
o 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 that use pumps to recirculate water and only require refilling to replace evaporative losses.
o 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. o The use of potable water for irrigation of ornamental turf on public street medians.
o Implementation of local supplier’s Level 2 Water Shortage Contingency Plan and ban on watering non-functional turf at commercial, industrial, and institutional sites per Title 23, Section 996 of the California Code of Regulations – On June 10, 2022, the state prohibited the irrigation of non-functional turf with potable water at commercial, industrial, and institutional areas. “Non-functional turf” is defined 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 for community events. Exceptions to this rule include residential lawns, parks, and irrigation 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. This emergency regulatory action expired on June 10, 2023, but it was readopted by the State Water Resources Control Board.
Fiscal Impact
No fiscal impact.
Public Notice
The public was provided notice of this agenda item by posting the City Council agenda on the City’s official bulletin board outside City Hall and making the agenda and report available at the City’s website and at the San Mateo Co. Library located at 2415 University Avenue, East Palo Alto.
Environmental
The action being considered does not constitute a “Project” within the meaning of the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline section 15378 (b)(5), in that it is a government administrative activity that will not result in direct or indirect changes in the environment.
Attachments
1. Resolution - Rescind the WSCP Level 2 Regulations