Resolution 2014-42I
RESOLUTION NO. 201442
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY DECLARING THE EXISTENCE OF LEVEL 1
WATER SUPPLY SHORTAGE CONDITIONS
WHEREAS, the Governor of the State of California proclaimed a drought emergency on
January 17, 2014 based on the State's water supply storage and outlook; and
WHEREAS, on February 25, 2014, the Santa Clara Valley Water District Board of
Directors called for 20% reductions in water use for the remainder of 2014; and
WHEREAS, a water supply shortage exists due to drought and an 11 -20% consumer
demand reduction is necessary to make more efficient use of water and appropriately respond to
existing water conditions; and
WHEREAS, the underground water aquifers that the City relies on for 100% of its water
supply are recharged by the District using water supplies imported into the District; and
WHEREAS, the District's imported water supply allocations have been significantly
reduced for 2014 by the state and federal government water systems; and
WHEREAS, historical evidence indicates that the State of California has experienced
prolonged periods of drought in the past; and
WHEREAS, wasteful use of water is detrimental to the long -term water supplies of the
City of Gilroy; and
WHEREAS, the long -term health, safety, and prosperity of the community depends upon
having a reliable long -term supply of potable water; and
WHEREAS, the City finds that this Resolution and actions taken hereafter pursuant to it
are exempt from the California Environmental Quality Act as specific actions necessary to
prevent or mitigate an emergency pursuant to Public Resources Code Section 21080(b)(4) and
the California Environmental Quality Act Guidelines Section 15269(c); and
WHEREAS, urban water suppliers that violate mandatory actions approved by the
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California Water Resources Control Board (Article X) could be subject to cease and desist orders
for violating emergency regulations with fines up to $10,000 per day per violation. Or, the matter
could be referred to the Attorney General's office for further action; and
WHEREAS, declaration of Level 1 Water Supply Shortage Conditions through this
resolution would enact the mandatory actions found in Chapter 27, Article VI of the Gilroy City
Code, which meet the requirements of Article X approved by the California Water Resources
Control Board; and
WHEREAS, Chapter 27, Article VI of the Gilroy City Code entitled "Water Supply
Shortage Regulations ", Section 27.98 F states that "The existence of Level 1, 2, or 3 Water
Supply Shortage conditions may be declared by Resolution of the City Council adopted at a
regular or special public meeting held in accordance with state law."
NOW, THEREFORE, BE IT RESOVED BY THE CITY COUNCIL OF THE CITY
OF GILROY AS FOLLOWS:
SECTION I
The City Council hereby adopts the findings based on substantial evidence in the entire record as
follows:
1. A reliable minimum supply of potable water is essential to the public health, safety and
welfare of the people and economy of City.
2. The City is located in a semi -arid region and is dependent upon local surface water,
groundwater, and imported water supplies. A growing population, climate change,
environmental concerns, and other factors in other parts of the state and western United
States, make the region highly susceptible to water supply reliability issues.
3. There is a need for water conservation and regulations because there is a limited supply
of water available to serve the residents and businesses of the City.
4. Careful water management that includes water conservation measures to ensure a reliable
minimum supply of water to meet current and future water supply needs.
5. Article X, Section 2 of the California Constitution declares that the general welfare
requires that water resources be put to beneficial use, waste or unreasonable use or
unreasonable method of use of water be prevented, and conservation of water be fully
exercised with a view to the reasonable and beneficial use thereof.
6. 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.
7. California Water Code Section 375 et seq. authorizes water suppliers to adopt and
enforce a comprehensive water conservation program to reduce water consumption and
conserve supplies.
8. The Governor of California has proclaimed a statewide drought and issued an Executive
Order, which takes immediate action to address a dire situation where numerous
California communities are being forced to mandate water conservation or rationing. The
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lack of water has created other problems, such as extreme fire danger due to dry
conditions, economic harm to urban and rural communities, loss of crops and the
potential to degrade water quality in some regions. As well, the Santa Clara Valley Water
District Board of Directors has called for an immediate 20% reduction in water use to
assure we have enough water to endure the current drought.
9. The adoption and enforcement of a temporary water supply shortage program is
necessary to manage the City's potable water supply in the short -term and to avoid or
minimize the effects of drought and shortage within the City. The adoption of voluntary
water conservation measures is necessary to manage the City's potable water supply in
the long -term. Such programs are essential to ensure a reliable and sustainable minimum
supply of water for the public health, safety and welfare.
SECTION II
Based on the findings set forth above, the City Council hereby declares that:
1. A Level 1 Water Supply Shortage condition exists.
2. All of the provisions in Chapter 27, Article VI, Section 27.98 C of the Gilroy City Code
shall become effective immediately.
PASSED AND ADOPTED this 4th day of August, 2014 by the following roll call vote:
AYES: COUNCILMEMBERS: ARELLANO, AULMAN, BRACCO,
LEROE- MUlVOZ, TUCKER, and GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: WOODWARD
APPROVED:
Donald Gage, Mayor
ATTEST:
Freels, City Clerk
4836 - 9906- 1786v1 RESOLUTION NO. 2014-42
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I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2014 -42 is an original resolution, or true and correct copy of a city
resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 4" day of August, 2014, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 6h day of August, 2014.
Samna Freels, MMC'---,'
City Clerk of the City of Gilroy
(Seal)