CC Resolution No. 16-073 Adopting Regulations Restricting Water Use in Compliance with State Executive Order B-37-16RESOLUTION NO. 16-073
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADOPTING REGULATIONS RESTRICTING WATER USE IN COMPLIANCE WITH STATE
EXECUTIVE ORDER B-37-16
WHEREAS, On May 9, 2016, Governor Edmund G. Brown Jr. issued Executive Order B-37-
16-Making Water Conservation a California Way of Life, that modified the orders and provisions
of the April 25, 2014 Emergency Proclamation, Executive Orders B-26-14, B-28-14, B-29-15, B-36-15;
and ·
WHEREAS, Executive Order B-37-16 requires:
• The State Water Resource Control Board is to propose a mandatory reduction in potable
urban water usage that builds off of the mandatory 25% reduction called for in Executive
Order B-29-15 and lessons learned through 2016.
• The Department of Water Resources to work with the State Water Resource Control Board
to develop water use targets that are customized to the unique conditions of each water
agency; and
WHEREAS, On June 14, 2016, Santa Clara Valley Water District (Water District) established a
20% water use reduction goal; and
WHEREAS, The City receives potable water from two urban water suppliers who, in tum,
receive the majority of their water from the Water District. The City further demonstrates its
commitment by responding to Water District's voluntary water consumption reduction request
and achieved an approximate 30% reduction in City operation water use in 2015 relative to 2013
and establishes a 20% City operation reduction requirement for 2016 relative to 2013; and
WHEREAS, The City supports the Water District's efforts to encourage conservation, with an
emphasis on outdoor water use, to the extent it may do so within the context the Cupertino
Municipal Code; and
WHEREAS, Article XI, Section 7 of the California Constitution declares that a city or county
may make and enforce within its limits all local, police, sanitary and other ordinances and
regulations not in conflict with general laws; and
WHEREAS, Cupertino Municipal Code Section 15.32.040 provides that the City may adopt
Regulations for water conservation or for other public purposes.
WHEREAS, the Council declares that the present year has been preceded by prior dry years;
and
Resolution No. 16-073
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WHEREAS, the Council determines that regulations are necessary to promote further
conservation efforts during this critical time of drought; and
WHEREAS, pursuant to the provisions and requirements of the California Environmental
Quality Act of 1970, together with related State CEQA Guidelines (collectively, "CEQA"), the City
determines that the provisions of this Resolution are exempt as a project intended to protect the
environment and natural resources (14 Cal.Regs . 15307, 15308);
The Council of the City of Cupertino RESOLVES as follows:
SECTION 1. Regulations
A. Attachment A, "2016/17 Regulations Restricting Water Use" is hereby adopted in compliance
with Executive Order B-37-16 (Attachment B) and incorporated.
SECTION 2. Council directs the City Manager to establish an implementation process for 2016/17
Water Use Regulations by August 1, 2016 .
SECTION 3 . The 2016/17 Regulation Restricting Water Use will remain in effect until March 1, 2017
or as extended by the City Council or the Water Board. =
SECTION 4. Council directs staff to further promote water conservation by coordinating
educational outreach with urban water suppliers and the Water District to ensure that Cupertino
customers fully understand drought restrictions and receive a consistent conservation message
within the City.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5th
day of July, 2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Chang, Vaidhyanathan, Paul, Sinks, Wong
None
None
None
APPROVED:
Grace Schmidt, City Clerk
Resolution No. 16-073
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ATTACHMENT A
2016/17 REGULATIONS RESTRICTING WATER USE
Despite near average rainfall in much of Northern California this past winter, 60 percent of California
remains in severe drought. Groundwater basins and many reservoirs are badly depleted as the State's
drought continues into a fifth year. The June 1-7 2016 U.S. Drought Monitor reports that the long term
drought remains in California, with Santa Clara County considered abnormally dry. In May, local county
reservoir storage was at 91 percent of the 20 year average and 86 percent ofrestricted storage capacity.
Compared to recent prior years, overall water supplies are less constrained and the Santa Clara Valley
Water District has been able to increase groundwater recharge operations.
Implementation of individual regulations shall be carried out at the direction of the City Council, in
response to its assessment of local water supply conditions , feasibility, and consumption trends . The
Council may, in its discretion, opt to revise , delete or include different elements than those described
below, so long as the restrictions implemented serve the overall purpose of reducing local consumption.
Article XI, Section 7 of the California Constitution declares that a city or county may make and enforce
within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general
laws. Pursuant to this power and Cupertino Municipal Code Section 15.32.040, the City Council of the
City of Cupertino adopts the following Regulations in addition to any requirements set forth in Cupertino
Municipal Code Chapter 15.32. These regulations are effective August 1, 2016 through March 1, 2017,
or until repealed by Council, whichever comes first.
Section A:
To prevent the waste and unreasonable use of water and to promote water conservation, the following
acts are prohibited, except where necessary to address an immediate health and safety need:
1. Using potable water to wash sidewalks and driveways;
2. Allowing runoff when irrigating with potable water;
3. Using hoses with no shutoff nozzles to wash cars, trailers , boats;
4. Using potable water in decorative water features that do not re-circulate the water;
5. Irrigating outdoors during and within 48 hours following measurable rainfall;
6. Irrigating ornamental turf on public street medians;
7. Using outdoor ini.gation during and 48 hours after rain;
8. Limit outdoor irrigation of ornamental landscapes or turf with potable water to no more than
three days per week. Irrigation will be allowed on Monday, Thursday & Saturday for odd
number addresses and numberless addresses; and Tuesday, Friday & Sunday for even number
addresses;
9. The irrigation with potable water oflandscapes outside of newly constructed homes and
buildings in a manner inconsistent with regulations or other requirements established by the
California Building Standards Commission and the Department of Housing and Community
Development.
10 . Other restrictions on use of potable water as prescribed from time to time by the Water Board or
other governing body or agency.
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11. None of the restrictions apply to the use of recycled or grey water. These restrictions also shall
not apply to commercial nurseries, golf courses, or other water-dependent businesses , unless
specifically included by the Water Board or other governing body or agency.
Resolution No. 16-073
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ATTACHMENT B
Executive Order B-37-16