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Home My WebLink About2016-071 - The Existence of a Phase 1 Water Supply Shortagejmf 06/29/2016 RESOLUTION NO. 2016 -071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA LOWERING THE CITY'S DROUGHT WATER CONSERVATION STANDARD FROM TWELVE PERCENT (12 %) TO THREE PERCENT (3 %) AND DECLARING THE EXISTENCE OF A PHASE 1 WATER SUPPLY SHORTAGE 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 April 1, 2015, Governor Jerry Brown issued an executive order to cities and towns across California to cut water use by 25% as part of a sweeping set of mandatory drought restrictions in response to record -low water levels in the state's rivers and reservoirs as well as an abnormally small snowpack. B. Based on Governor Brown's mandate, the State Water Resources Control Board approved emergency regulations assigning mandatory water conservation standards ranging from 4% to 36% to individual water suppliers, including the Water Resources Division of the City of Santa Ana. C. Under these regulations, effective June 1, 2015, the City of Santa Ana was required to reduce its monthly total potable water production by 12 %, using 2013 as the base year. D. On June 2, 2015, by Resolution No. 2015 -025, in accordance with Santa Ana Municipal Code section 39 -105 and Water Code sections 350 through 353, and following a duly noticed public hearing, the City Council of the City 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, water customers were ordered to reduce their monthly total potable water consumption by 12 %, using 2013 as a base year. E. Pursuant to Santa Ana Municipal Code section 39 -105 and Water Code section 355, the Phase 2 Water Supply Shortage shall remain in effect Resolution No. 2016 -071 Page 1 of 5 until the water supply shortage has ended or until another phase has been implemented. F. On November 15, 2015, Governor Brown extended water conservation measures through October 31, 2016. G. With California still experiencing severe drought despite recent rains, on February 2, 2016, the State Water Resources Control Board adopted an extended and revised emergency regulation to ensure that urban water conservation continues in 2016. H. Effective March 1, 2016, the City of Santa Ana's conservation standard was lowered by the State Water Board based on credits for its participation in and use of water from the Orange County Water District's Groundwater Replenishment System, which is considered a new local, drought - resilient water supply by the Board. On May 9, 2016, Governor Brown issued a new executive order directing actions aimed at using water wisely, reducing water waste, and improving water use efficiency. This executive order, in part, directed the State Water Board to further amend and extend the emergency drought regulations for urban water conservation through the end of January 2017. J. On May 18, 2016, the State Water Board adopted an extended and revised emergency regulation to replace the February 2, 2016 regulation. This regulation will be in effect through January 2017 and requires that local water suppliers calculate their own conservation standards based on a "stress test ", which requires them to prove they have sufficient water supplies to withstand three years of continuous drought, or take additional measures that include mandatory conservation targets. K. While under these standards, the City of Santa Ana's conservation standard is 0 %, the State Water Board has stressed the overall need to continue water savings. Consistent with this approach, and the positive response by City residents to earlier conservation measures, the City's original conservation standard of 12% may now be reduced to 3 %. L. Additionally, a Phase 1 Water Supply Shortage may now be implemented, in accordance with Santa Ana Municipal Code section 39 -105 and Water Code sections 350 through 353, following a duly noticed public hearing. Pursuant to Water Code sections 351 and 352, and Government Code section 6061, the City of Santa Ana, at least seven days prior to the date of hearing, published in a newspaper of general circulation notice of the time and place of the public hearing of such declaration that was held on Resolution No, 2016 -071 Page 2 of 5 jmf 06/29/2016 August 2, 2016, at which customers had an opportunity to be heard to protest against the declaration and to present their respective needs to the City Council. Section 2. Water customers served by the City of Santa Ana Water Resources Division are ordered to reduce their monthly total potable water consumption by 3 %, using 2013 as the base year. Section 3. Pursuant to Santa Ana Municipal Code section 39 -105, and Water Code sections 350 and 353, the City Council hereby declares a Phase 1 Water Supply Shortage and implements additional regulations and restrictions on the delivery of water and the consumption within said area of water supplied for public use as will conserve the water supply for the greatest public benefit with particular regard to domestic use, sanitation, and fire protection. Section 4. The additional mandatory regulations and restrictions on the delivery of water and the consumption of water within the City are those identified in section 39 -107 of the Santa Ana Municipal Code, as repeated here for convenience: (1) Restrictions on watering lawn, landscape or other turf areas shall be modified to prohibit watering more often than every other day or Monday, Thursday, and Saturday. Such areas shall only be watered between the hours of 6:00 p.m. and 6:00 a.m. This provision shall not apply to commercial nurseries and golf courses. (2) The watering of lawn, landscape or other turf areas of commercial nurseries or golf courses shall be allowed between the hours of 6:00 p.m. and 6:00 a.m. There shall be no restriction on watering utilizing reclaimed water. (3) No customer shall make, cause, use or permit the use of water for any purpose in excess of the applicable percentage of the amount used in the customer's premises during the corresponding billing period of the base year as set by council, such percentage to be determined by city council and set forth in the resolution declaring Phase 1. There shall be no restriction on the use of reclaimed water under this provision. (4) All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within seventy -two (72) hours of notification by the City, unless other arrangements are made with the City. Section 5. The City Council has the right to deny applications for new or additional service connections, and has the power to enforce the regulations and Resolution No. 2016 -071 Page 3 of 5 restrictions by discontinuing service to consumers willfully violating the regulations and restrictions. Section 6. The restrictions in this Resolution shall remain in effect until the supply of water available for distribution within such area has been replenished or augmented, at which time the City Council will declare an end to the water shortage emergency by resolution. Section 7. All water customers are urged to reduce water usage by following water conservation practices inside and outside the home. Section 8. Business owners are encouraged to take steps to improve their water use processes. Section 9. The City encourages infrastructure upgrades to the water system involving (1) technology which provides up -to -date use information and trends to residents and business owners through a web -based customer engagement system, and (2) leak detection systems which allow early detection of water leaks to minimize waste and conserve water. Section 10. The City Council agrees to support actions that address current drought conditions and calls for increased awareness and extraordinary conservation of our precious resource. Section 11. 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. ADOPTED this 2"d day of August, 2016. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Jc n M. Funk Assistant City Attorney Resolution No. 2016 -071 Page 4 of 5 jmf 06/29/2016 AYES: Councilmembers: Benavides, Martinez, Pulido, Reyna, Tinaiero (5) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: Amezcua, Sarmiento (2) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council do hereby attest to and certify the attached Resolution No 2016 -071 to be the original resolution adopted by the City Council of the City of Santa Ana on August 2, 2016. Date: Clerk of the Council City of Santa Ana Resolution No. 2016 -071 Page 5 of 5