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HomeMy WebLinkAbout2023-057 - Lowering the City's Drought Water Conservation Standard from a Water Shortage Level 2 to 0RESOLUTION NO.2023-057 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. 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. Resolution No. 2023-057 Page 1 of 4 F. Due to significant precipitation that California received this year, and because of improved state, regional and local water supply conditions, on 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 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. Section 7. Business owners are encouraged to take steps to improve their water use processes. Resolution No. 2023-057 Page 2 of 4 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 15'h day of August, 2023. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: v. Br don Salvatierra� Deputy City Attorney AYES: Councilmembers Amezcua, Hernandez Lopez Penaloza Phan, Vazquez (6) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers Bacerra (1) Resolution No. 2023-057 Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2023-057 to be the original resolution adopted by the City Council of the City of Santa Ana on August 15, 2023. Date: Jennifer a Jerk City of Santa Ana Resolution No. 2023-057 Page 4 of 4