City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-00394 5/2/2023 Consent Item 4.
Rescind Water Shortage Declaration
File ID: 2023-00394
Location: Citywide
Recommendation: Adopt a Resolution: 1) declaring that conditions necessitating increased water conservation are no longer in effect; and 2) rescinding sections 1 and 2 of Resolution 2021-0270, which declared a Stage 2 Water Alert and implemented additional water conservation measures.
Contact: Brett Ewart, Supervising Engineer, (916) 808-1725; Sherill Huun, Engineering & Water Resources Division Manager, (916) 808-1455; Pravani Vandeyar, Department of Utilities Director, (916) 808-3765; Department of Utilities
Presenter: None
Attachments:
1-Description/Analysis
2-Resolution
Additional Description/Analysis
Issue Detail: On March 23, 2023, Governor Newsome issued Executive Order (EO) N-5-23 and terminated the requirement for water suppliers to enact their stage 2 Water Shortage Contingency Plans after record-setting precipitation this last winter, which refilled reservoirs and left the State with a large snowpack. The call for additional drought related water savings of up to 15% in response to drought conditions was also eliminated by EO N-5-23.
Since the City is not currently subject to water shortage or drought conditions, staff is recommending that the Council rescind the declaration of a Stage 2 water shortage adopted on August 24, 2021 by Resolution number 2021-0270.
Policy Considerations: Under section 13.04.910 of the City Code, a water shortage may be
File ID: 2023-00394 5/2/2023 Consent Item 4.
declared “in response to any condition necessitating increased water conservation, such as a water shortage due to drought, natural disaster, or other reduction of water supply availability, or as may otherwise be required to protect the public health, safety, and welfare.” At present, the basis for the prior declaration no longer exists. Section 13.04.910 also specifies that the water shortage declaration shall remain in effect until rescinded or otherwise modified by subsequent resolution of the city council.
Economic Impacts: None.
Environmental Considerations: Ongoing administrative activities, including general policy and procedure making such as adoption of the proposed ordinance, do not constitute a “project” under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15378(b)(2) and 15378(b)(5) and are not subject to CEQA [CEQA Guidelines Section 15060(c)(3)].
Sustainability: The recommended action supports a shift in the City’s focus from short term drought response and enforcement back to durable long-term water use efficiency strategies (e.g., landscape transformations to river friendly landscapes).
Commission/Committee Action: N/A
Rationale for Recommendation: Given that the underlying basis for the City’s water shortage declaration no longer exists, rescinding the water shortage declaration will allow a transition from the focus on emergency response to a culture of long term, sustainable, efficient use of water.
Financial Considerations: Under the City Code (13.04.890.d), the penalties from violations of the City’s outdoor water use regulations must be used to fund water conservation programs. Fines are doubled under a water shortage condition. The totality of these fines during the recent drought would best be described as bordering on de minimis as staff prioritized education and customer support as a first response. Overall, operational labor savings are expected to eclipse any reduced revenue from water use infractions as intense water use enforcement activities pivot toward normal staffing levels supporting long term water efficiency efforts.
Local Business Enterprise (LBE): N/A
Background
RESOLUTION NO. 2023-
XXXX
Adopted by the Sacramento City Council
Finding that Conditions Necessitating Increased Water
Conservation are no Longer in Effect and Rescinding
Sections 1 and 2 of Resolution 2021-0270, which
Declared a Stage 2 Water Alert and Implemented
Additional Water Conservation Measures.
BACKGROUND
A. On May 10, 2021, the Governor issued a proclamation of a State of Emergency to mitigate the effects of drought conditions in the Sacramento and San Joaquin Delta Watershed counties including Sacramento County.
B. On July 7, 2021, based on critical drought conditions, the Sacramento City Manager declared a Stage 1 Water Watch, asking City, residents and businesses to voluntarily reduce water use by 10 percent. City Code section 13.04.910 authorizes the City Council, by Resolution, to declare the existence of a water shortage and impose revised or additional limitations and restrictions on outdoor water use while the water shortage remains in effect.
C. On July 15, 2021, to assist in responding to local conditions, the Regional Water Authority Board adopted a resolution which called for its member agencies to consider actions that include asking customers to voluntarily reduce their water use by a minimum of 15 percent and consider additional shifting from using surface water to groundwater, where feasible, as a supply source and using other sources of water other than the American River.
D. Under worsening statewide hydrologic conditions, the Department of Utilities presented further drought response recommendations to the City of Sacramento Water Committee on August 10, 2021, and received direction to bring a recommendation to the City Council to consider declaring a Stage 2 water shortage condition.
E. On August 24th, 2021, the Sacramento City Council adopted a resolution (2021- 0270) ratifying City support for the Regional Water Authority call to relieve water shortage conditions in the American River and also enacted a Stage 2 ‘Water Alert’ of the City’s Water Shortage Contingency Plan. The resolution further called upon city residents, businesses, and city operations to voluntarily reduce water use by 15 percent.
F. On March 3, 2023, a 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.
G. On March 24th, 2023, Governor Newsom issued Executive Order N-5-23, which terminated the requirement for maintaining the exactment of a water shortage contingency plan and removed the call for a 15% water conservation target.
H. Based on last winter’s heavy precipitation and the current snowpack, and the recent actions by the Governor, there is no longer a water shortage condition necessitating the implementation of Stage 2 of the City’s water shortage contingency plan.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. Conditions necessitating increased water conservation are no longer in effect.
Section 2. Sections 1 and 2 of Resolution 2021-0270, which declared a Stage 2 Water Alert and implemented additional water conservation measures, are hereby rescinded. t