Resolution No. XX-2023 1 of 2
RESOLUTION NO. XX – 2023
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EAST PALO ALTO
RESCINDING THE WATER SHORTAGE EMERGENCY DECLARATION ADOPTED ON JUNE 21, 2022 AND DIRECTING STAFF TO CONTINUE TO IMPLEMENT WATER USE RESTRICTIONS CONSISTENT WITH THE REQUIREMENTS OF TITLE 23, SECTIONS 995 AND 996 OF THE CALIFORNIA CODE OF REGULATIONS FOR THE
DURATION OF THE EMERGENCY REGULATION
WHEREAS, 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; and
WHEREAS, 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; and WHEREAS, 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 twenty percent (Level 2) by June 10, 2022; and WHEREAS, 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; and
WHEREAS, on June 10, 2022, the state prohibited the use of potable water for the irrigation of “non-functional turf” at large commercial, industrial, and institutional sites in Title 23 California Code of Regulations, Section 996(e)(1). “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 civic or 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; and
WHEREAS, on December 21, 2022, the state readopted emergency regulations to prohibit wasteful and unreasonable water uses in Title 23 California Code of Regulations, Section 995; and WHEREAS, after three consecutive dry years, significant rain and snowfall from this past winter have effectively ended the drought in many areas of the state; and WHEREAS, on March 24, 2023, Governor Newsom ended many drought emergency Resolution No. XX-2023 2 of 2
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; and WHEREAS, on April 11, 2023, the San Francisco Public Utilities Commission unanimously passed an action to rescind their declaration of a local water shortage emergency while maintaining a voluntary call for an 11% water use reduction within the San Francisco Regional Water System.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY:
1. Finds the foregoing recitals are true and correct, and are incorporated by this reference into this action;
2. Declares that a water shortage condition no longer exists in accordance with The City of East Palo Alto’s Water Shortage Contingency Plan; and
3. Direct staff to continue to implement water use restrictions consistent with the requirements of Title 23, Sections 995 and 996 of the California Code of Regulations for the duration of the emergency regulations.
PASSED AND ADOPTED this 5th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Gauthier, Mayor
ATTEST: APPROVED AS TO FORM:
James Colin, City Clerk John D. Lê, City Attorney