NVF:CDW:JLM
10/12/2022
T-313.140/1970174 1
Council Agenda: 11-08-2022
Item No.: 2.8
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
RESOLUTION NO. ______________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN JOSE CONTINUING RESOLUTION 80303
DECLARING AN ONGOING FIFTEEN PERCENT ( 15%)
WATER SHORTAGE AND ESTABLISHING WATERING
DAYS WITH CERTAIN EXCEPTIONS CITYWIDE
THROUGH MAY 31, 2024 UNLESS AMENDED OR
REVOKED BY COUNCIL
WHEREAS, on May 10, 2021, California Governor Gavin Newsom declared a state of emergency due to statewide drought conditions for thirty-nine (39) California Counties, bringing the total to forty-one (41) of fifty-eight (58) total California counties; and
WHEREAS, on June 9, 2021 the Board of Directors of the Santa Clara Valley Water District (“Valley Water”) declared a water shortage emergency condition in Santa Clara County and called for a mandatory fifteen percent (15%) reduction in water usage Countywide as compared to 2019; and
WHEREAS, on June 15, 2021, the Santa Clara County Director of Emergency Services proclaimed a local emergency related to extreme drought conditions; and
WHEREAS, on June 22, 2021, the Santa Clara County Board of Supervisors adopted a resolution ratifying the June 15, 2021 proclamation by the Director of Emergency Services; and
WHEREAS, on July 8, 2021, California Governor Gavin Newsom extended his previous drought proclamation to include Santa Clara County; and
WHEREAS, the San José Municipal Water System’s Water Shortage Contingency Plan (“WSCP”) was last adopted by the City Council of the City of San José (“Council”) on June 15, 2021, as part of its Urban Water Management Plan; and
NVF:CDW:JLM
10/12/2022
T-313.140/1970174 2
Council Agenda: 11-08-2022
Item No.: 2.8
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
WHEREAS, a Council declaration of a water shortage is required to implement Stage 2 of the WSCP, corresponding to a ten through twenty percent water shortage; and
WHEREAS, Chapter 15.10 of Title 15 of the San José Municipal Code contains mandatory requirements for water conservation measures that become effective citywide upon Council declaration of a water shortage, and provides for the adoption of a resolution declaring a water shortage by the Council whenever a minimum water conservation level of ten percent (10%) has been established by the Valley Water; and
WHEREAS, on November 30, 2021, City of San José (“City”) City Council adopted Resolution No. 80303 which declared a fifteen percent (15%) water shortage and established watering days with certain exceptions citywide through October 31, 2022; and
WHEREAS, the City desires to extend the declaration of a water shortage, as adopted under Resolution No. 80303, to May 31, 2024 for continued enhanced level of citywide restrictions on potable water use under Chapter 15.10 of the Municipal Code, including limitation of outdoor watering;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE THAT:
1. Pursuant to Chapter 15.10 of Title 15 of the San José Municipal Code, a fifteen percent (15%) water shortage as set forth in Resolution 80303 is hereby extended for the purpose of continuing and enforcing mandatory citywide water conservation measures for water applicable to a ten percent (10%) water shortage, continuing in effect the prior declaration through May 31, 2024 unless amended or revoked by Council.
NVF:CDW:JLM
10/12/2022
T-313.140/1970174 3
Council Agenda: 11-08-2022
Item No.: 2.8
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
2. Pursuant to San José Municipal Code Section 15.10.310, the following watering schedule for potable water is hereby adopted:
a. Landscape and turf at properties with addresses ending in even numbers (i.e., 0, 2, 4, 6, and 8) shall be irrigated only on Tuesdays and Fridays.
b. Landscape and turf at properties with addresses ending in odd numbers (i.e., 1, 3, 5, 7, and 9) shall be irrigated only on Mondays and Thursdays.
c. Landscape and turf at properties with no address shall be irrigated only on Mondays and Thursdays.
3. The following activities are exempt from the watering schedule set forth in this resolution:
a. Watering by hand;
b. Watering for maintenance of public parks, playing fields, day care centers, golf course greens, and school grounds, provided such irrigation is done in a water-efficient manner;
c. Watering for fire protection, soil erosion control, and environmental mitigation projects;
d. Watering plants or trees grown for consumption or nursery/garden center plants for sale; and
e. Watering using drip irrigation as defined in San José Municipal Code Section
15.11.340.
NVF:CDW:JLM
10/12/2022
T-313.140/1970174 4
Council Agenda: 11-08-2022
Item No.: 2.8
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
ADOPTED this _____ day of ___________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
SAM LICCARDO
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk