Resolution 2016-44fLT*i1I11y11171]al)KIT V1
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 issued Executive Order B -29 -15 on
April 1, 2015 calling for mandatory water conservation measures; and
WHEREAS, on March 17, 2015, the Santa Clara Valley Water District Board of
Directors called for 30% reductions in water use; and
WHEREAS, on May 5, 2015, the State Water Resources Control Board adopted
mandatory 25% water conservations measures; and
WHEREAS, the water conservation measures in the Level I Water Supply Shortage
declared by Council at its August 4, 2014 meeting resulted in a reduction of 13 %, which was
short of the 20% goal; and
WHEREAS, a water supply shortage exists due to drought and an increase from the
current 20% to 30% 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 were significantly reduced
for 2015 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
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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, on June 14, 2016, the Santa Clara Valley Water District Board of Directors
indicated that this winter's rains were beneficial, helping fill some surface water reservoirs,
increase the allocation of imported water and improve our local groundwater conditions, but
there is still a way to go before normal conditions have been reached, particularly in relation to
groundwater supplies; and
WHEREAS, on June 14, 2016, the Santa Clara Valley Water District Board of Directors relaxed
their call for reductions in water use from 30% to 20 %; and
WHEREAS, the Governor of the State of California issued Executive Order B -37 -16 on
May 9, 2016 which called for making certain water conservation measures permanent; 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, declaration of Level 1 Water Supply Shortage Conditions through this
resolution would enact the mandatory actions found in Chapter 27, Article Vl of the Gilroy City
Code, which meet the requirements of Article X approved by the California Water Resources Control
Board; and
WHEREAS, the water use reduction goal of a Level 1 Water Supply Shortage declaration is
between 11 % and 20 %, whose upper end goal is consistent with the 20% water use reductions called
for by Santa Clara Valley Water District; and
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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 X1, 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
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 a 20% reduction in water use to assure
we have enough water to endure the current drought, and the State Water Resources
Control Board adopted water conservation regulations that took into account the differing
water supply conditions across the state.
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
and permanent water conservation measures is necessary to manage the City's potable
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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 2 Water Supply Shortage condition no longer exists.
2. A Level 1 Water Supply Shortage condition exists.
3. 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 1 st day of August, 2016 by the following roll call vote:
AYES: COUNCILMEMBERS:
WOODWARD
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
BRACCO, TUCKER, VELASCO and
HARNEY, LEROE -MUNOZ
AULMAN
Freels, City Clerk
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RESOLUTION NO. 2016-44
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2016 -44 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 1 s` day of August, 2016 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 2d Ay of August, 2016.
Shawna Freels, MNI+L
City Clerk of the City of Gilroy
(Seal)