HomeMy WebLinkAboutItem 28 - Resolution Rescinding Water Supply Shortage Level Two Declaration Public Works Agency
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Item # 28
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 15, 2023
TOPIC: Resolution Rescinding Water Supply Shortage Level Two Declaration
AGENDA TITLE
Public Hearing: Adopt a Resolution Rescinding Water Supply Shortage Level Two
Declaration
RECOMMENDED ACTION
Adopt a resolution rescinding the current Water Supply Shortage Level Two declaration.
DISCUSSION
On June 7, 2022, in response to Executive Order N-7-22 (Exhibit 1) issued by the
Governor of California, City Council adopted Resolution 2022-042 (Exhibit 2), ordering
the implementation of water conservation actions consistent with Water Supply
Shortage Level Two as defined in Chapter 39 of the Municipal Code and the City’s
Water Shortage Contingency Plan (WSCP). Due to the significant precipitation
California received this year and the improved state, regional, and local water supply
conditions, the Governor of California issued Executive Order N-5-23 (Exhibit 3) on
March 24, 2023, which removes the requirement that water agencies be at Level Two of
their WSCP, and allows local water agencies to manage and calculate water use for
their customers.
Staff recommends adopting a resolution (Exhibit 4) allowing the City’s WSCP Level to
be reduced from Level Two to Level Zero effective August 15, 2023. The WSCP Level
Zero still incorporates permanent water conservation provisions, as defined in the
Municipal Code, which will remain in effect.
If water supply conditions change, or if new state regulations require additional
conservation goals, Staff will return to City Council with the appropriate
recommendations to meet the requirements.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Executive Order N-7-22
2. Council Resolution 2022-042
Resolution Rescinding Water Supply Shortage Level Two Declaration
August 15, 2023
Page 2
3
6
4
9
3. Executive Order N-5-23
4. Resolution
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency
Approved By: Kristine Ridge, City Manager
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-7-22
WHEREAS on April 12, 202 l, May l 0, 2021, July 8, 202 l, and October 19,
2021, I proclaimed states of emergency that continue today and exist across a ll
the counties of California, due to extreme and expanding drought conditions;
and
WHEREAS climate change continues to intensify the impacts of droughts
on our communities, environment, and economy, and California is in a third
consecutive year of dry conditions, resulting in continuing drought in all parts of
the State; and
WHEREAS the 21st century to date has been characterized by record
warmth and predominantly dry conditions, and the 202 1 meteorological
summer in California and the rest of the western United States was the hottest on
record; and
WHEREAS since my October 19, 2021 Proclamation, early rains in October
and December 2021 gave way to the driest January and February in recorded
history for the watersheds that provide much of California's water supply; and
WHEREAS the ongoing drought will have significant, immediate impacts on
communities with vulnerable water supplies, farms that rely on irrigation to grow
food and fiber, and fish and wildlife that rely on stream flows and cool water;
and
WHEREAS the two largest reservoirs of the Central Valley Project, which
supplies water to farms and communities in the Central Valley and the Santa
Clara Valley and provides critical cold-water habitat for salmon and other
anadromous fish, have water storage levels that are approximately l .1 million
acre-feet below last year's low levels on this date; and
WHEREAS the record-breaking dry period in January and February and the
absence of significant rains in March have required the Department of Water
Resources to reduce anticipated deliveries from the State Water Project to
5 percent of requested supplies; and
WHEREAS delivery of water by bottle or truck is necessary to protect
human safety and public health in those places where water supplies are
disrupted; and
WHEREAS groundwater use accounts for 41 percent of the State's total
water supply on an average annual basis but as much as 58 percent in a
critically dry year, and approximately 85 percent of public water systems rely on
groundwater as their primary supply; and
WHEREAS coordination between loca l entities that approve permits for
new groundwater wells and local groundwater sustainability agencies is
important to achieving sustainable levels of groundwater in critically
overdrafted basins; and
WHEREAS the duration of the drought, especially following a multiyear
drought that abated only five years ago, underscores the need for California to
redouble near-, medium-, and long-term efforts to adapt its water management
and delivery systems to a chang ing climate, shifting precipitation patterns, and
water scarcity; and
WHEREAS the most consequential, immediate action Californians can take
to extend available supplies is to voluntarily reduce their water use by
15 percent from their 2020 levels by implementing the commonsense measures
identified in operative paragraph 1 of Executive Order N-10-21 (July 8, 2021 );
and
WHEREAS to protect public health and safety, it is critica l the State take
certain immediate actions without undue delay to prepare for and mitigate the
effects of the drought conditions, and under Government Code section 8571, I
find that strict compliance with various statutes and regulations specified in this
Proclamation would prevent, hinder, or delay t he mitigation of the effects of the
drought conditions.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California,
in accordance with the authority vested in me by the State Constitution and
statutes, including the California Emergency Services Act, and in particular,
Government Code sections 8567, 8571, and 8627, do hereby issue the following
Order to become effective immediately:
IT IS HEREBY ORDERED THAT:
1. The orders and provisions contained in my April 21, 2021, May 10, 2021,
July 8, 2021, and October 19, 2021 Proclamations remain in fu ll force
and effect, except as modified by those Proclamations and herein.
State agencies shall continue to implement all directions from those
Proclamations and accelerate implementation where feasible.
2. To help the State achieve its conservation goals and ensure sufficient
water for essential indoor and outdoor use, I call on all Californians to
strive to limit summertime water use and to use water more efficiently
indoors and out. The statewide Save Our Water conservation
campaign at SaveOurWater.com provides simple ways for Californians
to reduce water use in their everyday lives. Furthermore, I encourage
Californians to understand and track the amount of water they use
and measure their progress toward their conservation goals.
3. By May 25, .2022, the State Water Resources Control Board (Water
Board) shall consider adopting emergency regulations that include a ll
of the following:
a. A requirement that each urban water supplier, as defined in
section 10617 of the Water Code, shall submit to the Department
of Water Resources a preliminary annual water supply and
demand assessment consistent with section 10632.1 of the Water
Code no later t han June 1, 2022, and submit a fina l annual water
supply and demand assessment to the Department of Water
Resources no later than the deadline set by section 10632.1 of
the Water Code;
b. A requirement that each urban water supplier that has
submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum, the
shortage response actions adopted under section 10632 of the
Water Code for a shortage level of up to twenty percent (Level
2), by a date to be set by the Water Board; and
c. A requirement that each urban water supplier that has not
submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum,
shortage response actions established by the Water Board,
which shall take into consideration model actions that the
Department of Water Resources shall develop for urban water
supplier water shortage contingency planning for Level 2, by a
date to be set by the Water Board.
To further conserve water and improve drought resiliency if the drought
lasts beyond this year, I encourage urban water suppliers to conserve
more than required by the emergency regulations described in this
paragraph and to voluntarily activate more stringent local
requirements based on a shortage level of up to thirty percent (Level
3).
4 . To promote water conservation, the Department of Water Resources
shall consult with leaders in the commercial, industrial, and institutional
sectors to develop strategies for improving water conservation,
including direct technical assistance, financial assistance, and other
approaches. By May 25, 2022, the Water Board shall consider adopting
emergency regulations defining "non-functional turf" (that is, a
definition of turf that is ornamental and not otherwise used for human
recreation purposes such as school fields, sports fields, and parks) and
banning irrigation of non-functional turf in the commercial, industrial,
and institutional sectors except as it may be required to ensure the
health of trees and other perennial non-turf plantings.
5. In order to maximize the efficient use of water and to preserve water
supplies critical to human health and safety and the environment,
Public Resources Code, Division 13 (commencing with section 21000)
and regulations adopted pursuant to that Division are hereby
suspended, with respect to the directives in paragraphs 3 and 4 of this
Order and any other projects and activities for the purpose of water
conservation to the extent necessary to address the impacts of the
drought, and any permits necessary to carry out such projects or
activities. Entities that desire to conduct activities under this suspension,
other than the directives in paragraphs 3 and 4 of this Order, shall first
request that the Secretary of the Natural Resources Agency make a
determination that the proposed activities are eligible to be
conducted under this suspension. The Secretary shall use sound
discretion in applying this Executive Order to ensure that the suspension
serves the purpose of accelerating conservation projects that are
necessary to address impacts of the drought, while at the same time
protecting public health and the environment. The entities
implementing these directives or conducting activities under this
suspension shall maintain on their websites a list of all activities or
approvals for which these provisions are suspended.
6. To support voluntary approaches to improve fish habitat that would
require change petitions under Water Code section 1707 and either
Water Code sections 1425 through 1432 or Water Code sections 1725
through 1732, and where the primary purpose is to improve conditions
for fish, the Water Board shall expeditiously consider petitions that add
a fish and wildlife beneficial use or point of diversion and place of
storage to improve conditions for anadromous fish. California Code of
Regulations, title 23, section 1064, subdivisions ( a) ( 1) (A) (i)-(ii) are
suspended with respect to any petition that is subject to this
paragraph.
7. To facilitate the hauling of water for domestic use by loca l
communities and domestic water users threatened with the loss of
water supply or degraded water quality resulting from drought, any
ordinance, regulation, prohibition, policy, or requirement of any kind
adopted by a public agency that prohibits the hauling of water out of
the water's basin of origin or a public agency's jurisdiction is hereby
suspended. The suspension authorized pursuant to this paragraph shall
be limited to the hauling of water by truck or bottle to be used for
human consumption, cooking, or sanitation in communities or
residences threatened with the loss of affordable safe drinking water.
Nothing in this paragraph limits any public health or safety requirement
to ensure the safety of hauled water.
8. The Water Board shall expand inspections to determine whether illegal
diversions or wasteful or unreasonable use of water are occurring and
bring enforcement actions against illegal diverters and those engaging
in the wasteful and unreasonable use of water. When access is not
granted by a property owner, the Water Board may obtain an
inspection warrant pursuant to the procedures set forth in Title 13
(commencing with section 1822.50) of Part 3 of the Code of Civil
Procedure for the purposes of conducting an inspection pursuant to
this directive.
9. To protect health, safety, and the environment during this drought
emergency, a county, city, or other public agency shall not:
a. Approve a permit for a new groundwater well or for alteration of
an existing well in a basin subject to the Sustainable
Groundwater Management Act and classified as medium-or
high-priority without first obtaining written verification from a
Groundwater Sustainability Agency managing the basin or area
of the basin where the well is proposed to be located that
groundwater extraction by the proposed well would not be
inconsistent with any sustainable groundwater management
program established in any applicable Groundwater
Sustainability Plan adopted by that Groundwater Sustainability
Agency and would not decrease the likelihood of achieving a
sustainability goal for the basin covered by such a plan; or
b. Issue a permit for a new groundwater well or for alteration of an
existing well without first determining that extraction of
groundwater from the proposed well is (1) not likely to interfere
with the production and functioning of existing nearby wells, and
(2) not likely to cause subsidence that would adversely impact or
damage nearby infrastructure.
This paragraph shall not apply to permits for wells that will provide less
than two acre-feet per year of groundwater for individual domestic
users, or that will exclusively provide groundwater to public water
supply systems as defined in section 116275 of the Health and Safety
Code.
10. To address household or small community drinking water shortages
dependent upon groundwater wells that have failed due to drought
conditions, the Department of Water Resources shall work with other
state agencies to investigate expedited regulatory pathways to
modify, repair, or reconstruct failed household or small community or
public supply wells, while recognizing the need to ensure the
sustainability of such wells as provided for in paragraph 9.
11. State agencies shall collaborate with tribes and federal, regiona l,
and local agencies on actions related to promoting groundwater
recharge and increasing storage.
12. To help advance groundwater recharge projects, and to
demonstrate the feasibility of projects that can use available high
water flows to recharge local groundwater while minimizing flood
risks, the Water Board and Regional Water Quality Control Boards
shall prioritize water right permits, water quality certifications, waste
discharge requirements, and conditional waivers of waste discharge
requirements to accelerate approvals for projects that enhance the
ability of a local or state agency to capture high precipitation events
for local storage or recharge, consistent with water right priorities and
protections for fish and wildlife. For the purposes of carrying out this
paragraph, Division 13 (commencing with section 21000) of the
Public Resources Code and regulations adopted pursuant to that
Division, and Chapter 3 ( commencing with section 85225) of Part 3 of
Division 35 of the Water Code and regulations adopted pursuant
thereto are hereby suspended to the extent necessary to address the
impacts of the drought. This suspension applies to (a) any actions
taken by state agencies, (b) any actions taken by local agencies
where the state agency with primary responsibility for the
implementation of the directives concurs that local action is required,
and (c) permits necessary to carry out actions under (a) or (b). The
entities implementing these directives shall maintain on their websites
a list of all activities or approvals for which these provisions are
suspended.
13 . With respect to recharge projects under either Flood-Managed
Aquifer Recharge or the Department of Water Resources Sustainable
Groundwater Management Grant Program occurring on open and
working lands to replenish and store water in groundwater basins that
will help mitigate groundwater conditions impacted by drought, for
any (a) actions taken by state agencies, (b) actions taken by a loca l
agency where the Department of Water Resources concurs that
local action is required, and (c) permits necessary to carry out
actions under (a) or (b), Public Resources Code, Division 13
(commencing with section 21000) and regulations adopted pursuant
to that Division are hereby suspended to the extent necessary to
address the impacts of the drought. The entities implementing these
directives shall maintain on their websites a list of all activities or
approvals for which these provisions are suspended.
14. To increase resilience of.state water supplies during prolonged
drought conditions, the Department of Water Resources shall prepare
for the potential creation and implementation of a multi-year transfer
program pilot project for the purpose of acquiring water from willing
partners and storing and conveying water to areas of need.
15. By April 15, 2022, state agencies shall submit to the Department of
Finance for my consideration proposals to mitigate the worsening
effects of severe drought, including emergency assistance to
communities and households and others facing water shortages as a
result of the drought, facilitation of groundwater recharge and
wastewater recycling, improvements in water use efficiency,
protection of fish and wildlife, mitigation of drought-related
economic or water-supply disruption, and other potential investments
to support short-and long-term drought response.
IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be
filed in the Office of the Secretary of State and that widespread publicity and
notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits,
substantive or procedural, enforceable at law or in equity, against the State of
California, its agencies, departments, entities, officers, employees, or any other
person.
IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 28th
day of March 2022.
I I
,:, .l · I'
t (.1 I
l~~-~--
GAVIN NEWSOM
Governor of California
ATTEST:
SHIRLEY N. WEBER, PH.D.
Secretary of State
brs 05/26/2022
RESOLUTION NO. 2022-042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ORDERING THE IMPLEMENTATION OF
WATER CONSERVATION ACTIONS FOR A LEVEL 2 WATER
SUPPLY SHORTAGE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 'I. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. On October 19, 2021, Governor Newsom proclaimed a statewide state of
emergency due to drought conditions and called on Californians to voluntarily
reduce their water use by 15 percent from their 2020 levels.
B. On March 28, 2022, Governor Newsom issued Executive Order N-7-22,
directing the State Water Resources Control Board to consider requiring all
urban water suppliers to implement, at a minimum, the response actions
identified in their Water Shortage Contingency Plans for a level 2 water
shortage.
C. On April 5, 2022, the City Council updated the Santa Ana Municipal Code's
Water Shortage Contingency Plan "Water Shortage Levels" to include that the
City Council is authorized to require or impose reductions in the use of water if
such reductions are necessary in order for the City to comply with water use
restrictions imposed by federal, state or regional water agencies, or to respond
to local or regional water shortage conditions and emergencies, as defined in
the City's Water Shortage Contingency Plan.
D. On May 24, 2022, the State Water Resources Control Board adopted an
emergency water conservation regulation at Title 23 (Waters), Division 3,
Chapter 3.5, Article 2, in response to the Governor's Executive Order N-7-22,
banning irrigation of non-functional turf at commercial, industrial, and
institutional sites, and requiring all urban water suppliers to implement by June
10, 2022, at a minimum, the demand reduction actions identified in the
supplier's water shortage contingency plans for a Level 2 shortage level.
E. Pursuant to Santa Ana Municipal Code section 39-97 and Water Code sections
350 and 353, the City Council shall adopt such regulations and restrictions on
the delivery of water and the consumption within said area of water supplied
for public use as will in the sound discretion of the Council conserve the water
supply for the greatest public benefit with particular regard to domestic use,
sanitation, and fire protection.
Resolution No. 2022-042
Page 1 of 3
brs 05/26/2022
Pursuant to Santa Ana Municipal Code section 39-98, the City will inform all
relevant stakeholders of the effective date of the water shortage response
actions according to the communication procedures identified in the City's
Water Shortage Contingency Plan.
Section 2. Pursuant to the Governor's Executive Order N-7-22 and California
Code of Regulations, Title 23 (Waters), Division 3, Chapter 3.5, Article 2, to prevent the
unreasonable use of water and to promote water conservation, use of potable water is
prohibited for the irrigation of non-functional turf at commercial, industrial, and institutional
sites; provided that the use of water is not prohibited by this section to the extent
necessary to ensure the health of trees and other perennial non -turf plantings or to the
extent necessary to address an immediate health and safety need.
Section 3. Pursuant to the Governor's Executive Order N-7-22 and California
Code of Regulations, Title 23 (Waters), Division 3, Chapter 3.5, Article 2, and Santa Ana
Municipal Code section 39-100, the City Council hereby orders the implementation of
demand reduction actions for a Level 2 Water Supply Shortage, as established by the
City's Water Shortage Contingency Plan.
Section 4. Pursuant to Santa Ana Municipal Code section 39-100,
implementing Water Shortage Level 2 consumer demand reductions include those listed
in Section 39-100(c) and sections 39-100(a)-(b).
Section 5. The regulations and restrictions implemented by this Resolution shall
be enforceable by the City pursuant to Santa Ana Municipal Code section 39-104.
Section 6. All customers are being asked to reduce water usage by following
water conservation practices inside and outside the home.
Section 7. Business owners are encouraged to take steps to improve theirwater
use processes.
Section 8. The City Council agrees to support actions which deal with the
current drought conditions and calls for increased awareness and extraordinary
conservation of our precious resource.
Section 9. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
Resolution No. 2022-042
Page 2 of 3
ADOPTED this 7'h day of June. 2022.
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: A-,
A Brandon Salvatierra
Deputy City Attorney
brs 05/26/2022
AYES Councilmembers Hernandez, Lopez, Penaloza, Phan, Bacerra
Sarmiento (6)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers Mendoza (1)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council do hereby attest to and certify the attached
Resolution No 2022-042 to be the original resolution adopted by the City Council of the
City of Santa Ana on June 7, 2022.
Date i aoa
Daisy Gomez
Clerk of the Council
City of Santa Ana
Resolution No. 2022-042
Page 3 of 3
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-5-23
WHEREAS on April 21, 2021, May 10, 2021, July 8, 2021, and October 19,
2021, I proclaimed States of Emergency to exist due to drought conditions; and
WHEREAS the multi-year nature of the current drought, which began three
years after the record-setting drought of 2012-2016, continues to have
significant, immediate impacts on communities across California with vulnerable
water supplies, farms that rely on irrigation to grow food and fiber, and fish and
wildlife that rely on stream flows and cool water; and
WHEREAS the March 3, 2023, snow survey conducted by the Department
of Water Resources and partner agencies found that most regions of the Sierra
Nevada are above average for snow water content, and some regions are
nearing record amounts of snow, and snow and rain has fallen across many
regions of the state since then, with more precipitation forecasted; and
WHEREAS improved conditions have helped rehabilitate surface water
supplies, but have not abated the severe drought conditions that remain in
some parts of the State, including the Klamath River basin and the Colorado
River basin, and many groundwater basins throughout the State remain
depleted from overreliance and successive multi-year droughts; and
WHEREAS continued action by the State is needed to address ongoing
consequences of the drought emergency, including groundwater supply
shortages, domestic well failures, and drought-related harm to native fishes in
the Klamath River and Clear Lake watersheds; and
WHEREAS the drought emergency has required a dynamic and flexible
response from the State, and several provisions in my prior Proclamations and
Orders have been terminated or superseded already, specifically Paragraphs 4
and 8 of my State of Emergency Proclamation dated April 21, 202 l, Paragraphs
2, 4, and 7 of my State of Emergency Proclamation dated May 10, 2021,
Paragraphs 3, 4, 5, 6, and 10 of my State of Emergency Proclamation dated July
8, 2021, and Paragraph 9 of Executive Order N-7-22; and
WHEREAS improved conditions warrant an even more targeted State
response to the ongoing drought emergency and certain provisions in my State
of Emergency Proclamations dated April 21, 202 l, May 10, 2021, July 8, 2021,
and October 19, 2021, and in Executive Orders N-10-21, N-7-22, and N-3-23
provide authority that is no longer needed to mitigate the effects of the drought
conditions or direct actions by state agencies, departments, and boards that
have already been completed; and
WHEREAS notwithstanding the rescission of certain emergency authorities
for emergency drinking water action, state agencies have existing legal
authority and funding to continue expedited work to advance the human right
to water, and state agencies will continue all ongoing drought resilience
planning work, including through coordination with loca l agencies and tribes;
and
WHEREAS next winter's hydrology is uncertain and the most efficient way
to preserve the State's improved surface water supplies is for Californians to
continue their ongoing efforts to make conservation a way of life; and
WHEREAS to protect public health and safety, it is critical the State take
certain immediate actions without undue delay to prepare for and mitigate the
effects of the drought conditions, and under Government Code section 8571, I
find that strict compliance with various statutes and regulations specified in this
Order would prevent, hinder, or delay the mitigation of the effects of the
drought conditions.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California,
in accordance with the authority vested in me by the State Constitution and
statutes, including the California Emergency Services Act, and in particular,
Government Code sections 8567, 8571, and 8627, do hereby issue the following
Order to become effective immediately:
IT IS HEREBY ORDERED THAT:
l . The orders and provisions contained in my State of Emergency
Proclamations dated April 21, 2021, May 10, 2021, July 8, 2021, and
October 19, 2021, and Executive Orders N-7-22 (March 28, 2022), N-3-
23 (February 13, 2023), and N-4-23 (March l 0, 2023), remain in full force
and effect, except as modified by those Proclamations and Orders
and herein. State agencies shall continue to implement all directions
from those Proclamations and Orders and accelerate implementation
where feasible.
2. The following provisions of my State of Emergency Proclamation dated
April 21, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 5-7; and
c. Paragraphs 9-14.
3. The following provisions of my State of Emergency Proclamation dated
May l 0, 2021, are terminated:
a. Paragraph 1;
b. Paragraph 3;
c. Paragraph 5; and
d. Paragraphs 9-10.
4. The following provisions of my State of Emergency Proclamation dated
July 8, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 7-8, except those portions of paragraph 7
withdrawing provisions of prior orders;
c. Paragraphs 11-12.
5. The following provisions of my State of Emergency Proclamation dated
October 19, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 4-5;
c. Paragraph 8; and
d. Paragraph 10.
6. The following provisions of Executive Order N-10-21 are terminated:
a. Paragraph 1; and
b. Paragraph 3
7. The following provisions of Executive Order N-7-22 are terminated:
a. Paragraphs 1-3;
b. Paragraph 6; and
c. Paragraphs 14-15.
8. The following provisions of Executive Order N-3-23 are terminated:
a. Paragraph 1; and
b. Paragraph 3, except those portions of the paragraph
withdrawing provisions of prior orders.
9. Paragraph 6 of my State of Emergency Proclamation dated May 10,
2021, and Paragraph 9 of my State of Emergency Proclamation dated
July 8, 2021, are withdrawn and replaced with the following text:
To ensure critical instream flows for species protection in the Klamath
River and Clear Lake watersheds, the State Water Resources Control
Board (Water Board) and Department of Fish and Wildlife shall
evaluate the minimum instream flows and other actions needed to
protect salmon, steelhead, the Clear Lake Hitch, and other native
fishes in critical streams systems in these watersheds and work with
water users, tribes, and other parties on voluntary measures to
implement those actions. To the extent voluntary actions are not
sufficient, the Water Board, in coordination with the Department of Fish
and Wildlife, shall consider emergency regulations to establish
minimum instream flows to mitigate the effects of the drought
conditions. For purposes of state agencies carrying out or approving
any actions contemplated by this paragraph, Public Resources Code,
Division 13 (commencing with Section 21000) and regulations adopted
pursuant to that Division are suspended. Nothing in this Paragraph
affects or limits the validity of actions already taken in the Klamath and
Clear Lake watersheds or ongoing under Paragraph 6 of my State of
Emergency Proclamation dated May 10, 2021, or Paragraph 9 of my
State of Emergency Proclamation dated July 8, 2021 .
IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be
filed in the Office of the Secretary of State and that widespread publicity and
notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits,
substantive or procedural, enforceable at law or in equity, against the State of
California, its agencies, departments, entities, officers, employees, or any other
person.
IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 24th
day of March 2023.
overnor of California
ATTEST:
SHIRLEY N. WEBER, PH.D.
Secretary of State
Resolution No. 2023-XXX
Page 1 of 4
RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA LOWERING THE CITY’S DROUGHT WATER
CONSERVATION STANDARD FROM A WATER SHORTAGE
LEVEL 2 TO A WATER SHORTAGE LEVEL 0
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. On March 28, 2022, Governor Gavin Newsom issued Executive Order N-7-
22, specifically directing the State Water Resources Control Board to
consider requiring all urban water suppliers to implement, at a minimum, the
response actions identified in their Water Shortage Contingency Plan
(WSCP) for a level 2 water shortage.
B. Based on Governor Gavin Newsom’s mandate, on May 24, 2022 via
Resolution No. 2022-0018, the State Water Resources Control Board
approved emergency regulations assigning mandatory conservation
standards of a level 2 water shortage, which included a reduction of ten
percent (10%) to twenty percent (20%), to individual water suppliers,
including the Water Resources Division of the City of Santa Ana.
C. Under these regulations, effective May 24, 2022, the City of Santa Ana was
required to reduce its monthly total potable water production by ten percent
(10%) to twenty percent (20%).
D. On June 7, 2022, by Resolution No. 2022 -042, in accordance with Santa
Ana Municipal Code (SAMC) section 39-97 and Water Code sections 350
through 353, and following a duly noticed public hearing, the City Council of
the City of Santa Ana, as the governing body of the City of Santa Ana Water
Resources Division, declared a Phase 2 Water Supply Shortage and
implemented additional regulations and restrictions on the delivery of water
and the consumption within said area of water supplied for public use to
conserve the water supply for the greatest public benefit with particular
regard to domestic use, sanitation, and fire protection. By the same
Resolution, consumer demand reductions as listed in section 39-100(a)-(c)
of the SAMC were ordered.
Resolution No. 2023-XXX
Page 2 of 4
E. Pursuant to SAMC section 39-97 and Water Code section 355, the Phase
2 Water Supply Shortage shall remain in effect until the water supply
shortage has ended or until another phase has been implemented.
F. Due to significant precipitation that California received this year, and
because of improved state, regional and local water supply conditions, o n
March 24, 2023, Governor Gavin Newsom issued Executive Order N-5-23,
which terminated specific paragraphs of previous Executive Orders and
State of Emergency Proclamations.
G. Executive Order N-5-23 specifically terminated paragraphs 1-3; 6; and 14-
15 of Executive Order N-7-22.
H. The termination of paragraph 3, specifically, removes the requirement that
water agencies be at level 2 of their WSCP and allows local water agencies
to manage and calculate water use for their customers.
I. Therefore, a Phase 0 Water Supply Shortage may now be declared and
implemented, in accordance with SAMC section 39-97, Water Code
Sections 351 and 352, and Government Code section 6061 , following a
duly-noticed public hearing
J. On August 15, 2023, the City Council held a duly-noticed public hearing to
consider this Resolution, at which time all customers of the City’s water
supply had an opportunity to be heard to protest against the declaration and
to present their respective needs to the City Council.
Section 2. Pursuant to California Water Code sections 350 and 353, and for the
reasons set forth herein, the City Council declares that a water shortage emergency now
exists throughout the area served by the City of Santa Ana Water Resources Division.
Section 3. Pursuant to the Water Shortage Contingency Plan and Santa Ana
Municipal Code sections 39-97 and 39-100(a), the City Council hereby declares a Water
Shortage Level 0.
Section 4. Water Shortage Level 0 exists when the City anticipates no supply
reductions, though the City’s permanent water conservation requirements on the delivery
of water and the consumption of water within the City found in section 39-99 of the Santa
Ana Municipal Code remain in effect at all times to prevent waste and unreasonable use
of water.
Section 5. The regulations and restrictions implemented by this Resolution shall
be enforceable by the City pursuant to Santa Ana Municipal Code Section 39-104.
Section 6. All customers are urged to reduce water usage by following water
conservation practices inside and outside the home.
Resolution No. 2023-XXX
Page 3 of 4
Section 7. Business owners are encouraged to take steps to improve their water
use processes.
Section 8. The City Council agrees to support actions which deal with the
current drought conditions and calls for increased awareness and extraordinary
conservation of our precious resource.
Section 9. This Resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall attest to and certify the vote adopting this
Resolution.
ADOPTED this ___ day of August, 2023.
________________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: ____________________________
Brandon Salvatierra
Deputy City Attorney
AYES Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Resolution No. 2023-XXX
Page 4 of 4
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No
2023-XXX to be the original resolution adopted by the City Council of the City of Santa
Ana on ____________, 2023.
Date _______________ ______________________________
City Clerk
City of Santa Ana