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Ordinance No. 2021-05 | Water Supply Shortage Regulations | Adopted 12/06/2021ORDINANCE NO. 2021-05 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING CHAPTER 27, ARTICLE VI, ENTITLED "WATER SUPPLY SHORTAGE REGULATIONS" WHEREAS, the Governor of the State of California proclaimed a drought emergency on July 8,2021 based on the State's water supply storage and outlook; and WHEREAS, on July 9, 2021 the Governor of the State of California issued executive order N- 10-21 calling for mandatory water conservation measures; and WHEREAS, on October 19, 2021 the Governor of the State of California proclaimed a Continued State of Emergency to exist throughout the State of California due to the ongoing drought; and WHEREAS, to promote water conservation and to impose permanent mandatory water conservation measures and make more efficient use of water; 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, 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 ofGilroy; and WHEREAS, the long-term health, safety, and prosperity of the community depends upon havinga reliable long-term supply of potable water; and WHEREAS, the District's imported water supply allocations have been significantly reduced for2021 by the state and federal government water systems; and WHEREAS, such landscape watering schedule changes are essential to ensure a reliable andsustainable minimum supply of water for the public health, safety and welfare of the City ofGilroy; and WHEREAS, authorizing the Public Works Director to modify specific watering days allows theCity to adapt to the ever -changing drought restrictions; and WHEREAS, The California Water Code, § 10632 requires that stages of action to be undertaken by the urban water supplier in response to water supply shortages, including up to a 50 percent reduction in water supply; and WHEREAS, the City finds that this Ordinance and actions taken hereafter pursuant to it are exemptfrom 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). Ordinance No. 21-05 -1- December 6, 2021 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN: Gilroy City Code Chapter 27, Article VI, Section 27.98 c(3) is hereby amended to read as follows: "(3) Limits on Watering Days: Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to three (3) days per week from April through October. The watering days are designated depending upon house address and are to be determined by the Public Works Director. During the months of November through March, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one (1) day per week to be determined by the Public Works Director." Gilroy City Code Chapter 27, Article VI, Section 27.98 d(1) is hereby amended to read as follows: "(1) Limits on Watering Days: Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to two (2) days per week from April through October. The watering days are designated depending upon house address and are to be determined by the Public Works Director. During the months of November through March, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one (1) day per week to be determined by the Public Works Director." Effective Date. Pursuant to Gilroy City Charter Section 608 this Ordinance shall become effective thirty (30) days from and after the date of its adoption. Publication. Within ten (10) days of its adoption, this Ordinance shall be published pursuant to Water Code Section 376. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The people hereby declare that they would have adopted each section, subsection, sentence, clause, phrase, or portion of the Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable. Ordinance No. 21-05 -2- December 6, 2021 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF GILROY this 6th day of December, 2021, by the following roll call vote: AYES: COUNCIL MEMBERS: BRACCO, HILTON, LEROE-MUNOZ, MARQUES, TOVAR, BLANKLEY NOES: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: ARMENDARIZ APPROVED: Marie Blankley, Mayor ATTEST: Thai Nam Pham, City Clerk Ordinance No. 21-05 -3- December 6, 2021 I, Thai Nam Pham, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2021-05 is an original Ordinance, or true and correct copy of a city Ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 6th day of December, 2021, 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 13th day of December, 2021. Thai Nam Pham City Clerk of the City of Gilroy (Seal)