3 6
4 8
capacity for these agreements is being increased by $2,000,000, for a total of $4,000,000 over the lifetime of all three agreements.
EXHIBIT(S)
1. First Amendment to Agreement with Tetra Tech, Inc.
2. First Amendment to Agreement with CWE
3. First Amendment to Agreement with Stantec Consulting Services, Inc.
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council
24 –
2 8/15/2023
FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SANTA ANA AND TETRA TECH, INC. TO PROVIDE ON-CALL STORMWATER PROJECT
DESIGN SERVICES
THIS FIRST AMENDMENT to the above -referenced agreement is entered into on August 15, 2023, by and between Tetra Tech, Inc. (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. The parties entered into Agreement No. A-2020-205-01, dated October 20, 2020, by which Consultant agreed to provide on-call stormwater project design services (“Agreement”).
The original term of the Agreement was for three years, with provision for one, two-year extension period.
B. The parties now wish to amend the Agreement to increase the total expenditure amount for the remaining term of the Agreement and to exercise the optional two-year extension period.
The Parties therefore agree:
1. Section 2, Compensation, is amended to increase the not-to-exceed expenditure under the Agreement from $2,000,000.00 to $4,000,000.00 for the remaining term of the Agreement, including the optional two-year extension period.
2. Pursuant to Section 3 of the Agreement, Term, the time period of the Agreement is extended for the additional two-year term which shall now end on October 19, 2025.
3. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect.
[Signatures appear on following page]
City Council
24 –
3 8/15/2023
SIGNATURE PAGE FOR FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SANTA ANA AND TETRA TECH, INC. TO PROVIDE ON-CALL
STORMWATER PROJECT DESIGN SERVICES
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above.
ATTEST CITY OF SANTA ANA
_______________________________ ______________________________ JENNIFER L. HALL KRISTINE RIDGE
City Clerk City Manager
APPROVED AS TO FORM CONSULTANT
Sonia R. Carvalho
City Attorney
By:___________________________ _______________________________ JONATHAN T. MARTINEZ JASON L. FUSSEL, PE, PLS
Assistant City Attorney Vice President
RECOMMENDED FOR APPROVAL
________________________________
NABIL SABA, PE
Executive Director
Public Works Agency
red
City Council
24 –
4 8/15/2023
FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SANTA ANA
AND CWE TO PROVIDE ON-CALL STORMWATER PROJECT DESIGN SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into on August 15, 2023, by and between CWE (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. The parties entered into Agreement No. A-2020-205-02, dated October 20, 2020, by which Consultant agreed to provide on-call stormwater project design services (“Agreement”).
The original term of the Agreement was for three years, with provision for one, two-year extension period.
B. The parties now wish to amend the Agreement to increase the total expenditure amount for the remaining term of the agreement and to exercise the optional two-year extension period.
The Parties therefore agree:
1. Section 2, Compensation, is amended to increase the not-to-exceed expenditure under the Agreement from $2,000,000.00 to $4,000,000.00 for the remaining term of the Agreement, including the optional two-year extension period.
2. Pursuant to Section 3 of the Agreement, Term, the time period of the Agreement is extended for the additional two-year term which shall now end on October 19, 2025.
3. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect.
[Signatures appear on following page]
City Council
24 –
5 8/15/2023
SIGNATURE PAGE FOR FIRST AMENDMENT TO AGREEMENT BETWEEN THE
CITY OF SANTA ANA AND CWE TO PROVIDE ON-CALL STORMWATER
PROJECT DESIGN SERVICES
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above.
ATTEST CITY OF SANTA ANA
_______________________________ ______________________________ JENNIFER L. HALL KRISTINE RIDGE
City Clerk City Manager
APPROVED AS TO FORM CONSULTANT
Sonia R. Carvalho
City Attorney
By:___________________________ _______________________________ JONATHAN T. MARTINEZ JASON PEREIRA
Assistant City Attorney Principal
RECOMMENDED FOR APPROVAL
________________________________
NABIL SABA, PE
Executive Director
Public Works Agency
City Council
24 –
6 8/15/2023
FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SANTA ANA AND STANTEC CONSULTING SERVICES, INC. TO PROVIDE ON-CALL
STORMWATER PROJECT DESIGN SERVICES
THIS FIRST AMENDMENT to the above-referenced agreement is entered into on August 15, 2023, by and between Stantec Consulting Services, Inc. (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. The parties entered into Agreement No. A-2020-205-03, dated October 20, 2020, by which Consultant agreed to provide on-call stormwater project design services (“Agreement”).
The original term of the Agreement was for three years, with provision for one, two-year extension period.
B. The parties now wish to amend the Agreement to increase the total expenditure amount for the remaining term of the Agreement and to exercise the optional two-year extension period.
The Parties therefore agree:
1. Section 2, Compensation, is amended to increase the not-to-exceed expenditure under the Agreement from $2,000,000.00 to $4,000,000.00 for the remaining term of the Agreement, including the optional two-year extension period.
2. Pursuant to Section 3 of the Agreement, Term, the time period of the Agreement is extended for the additional two-year term which shall now end on October 19, 2025.
3. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect.
[Signatures appear on the following page]
City Council
24 –
7 8/15/2023
SIGNATURE PAGE FOR FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SANTA ANA AND STANTEC CONSULTING SERVICES, INC. TO PROVIDE
ON-CALL STORMWATER PROJECT DESIGN SERVICES
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above.
ATTEST
_______________________________
JENNIFER L. HALL
City Clerk
APPROVED AS TO FORM
Sonia R. Carvalho
City Attorney
By:___________________________
JONATHAN T. MARTINEZ
Assistant City Attorney
CITY OF SANTA ANA
______________________________
KRISTINE RIDGE
City Manager
CONSULTANT
_______________________________
EDWARD OTHMER, PE
Principal
RECOMMENDED FOR APPROVAL
________________________________
NABIL SABA, PE
Executive Director
Public Works Agency
City Council
24 –
8 8/15/2023
Public Works Agency
www.santa-ana.org/public-works
Item # 25
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 15, 2023
TOPIC: Amend Agreement for Recycled Water Master Plan
AGENDA TITLE
Approve an Amendment to the Agreement with T.R. Holliman and Associates, Inc. for the Preparation of Recycled Water Master Plan to Extend the Agreement Term (Non- General Fund)
RECOMMENDED ACTION
Authorize the City Manager to approve the second amendment to agreement with T.R.
Holliman and Associates, Inc. for the Preparation of Recycled Water Master Plan to extend the agreement term by one year, for a term beginning August 19, 2023 and ending on August 18, 2024, with no supplementary expenses to the executed amount of $442,418, subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The City of Santa Ana receives recycled water from the Orange County Water District (OCWD) recycled water system Green Acres Project (GAP). Currently, GAP supplies recycled water to businesses and parks for irrigation. The recycled water distribution system currently operates in a small area of the City and is managed by OCWD.
T. R. Holliman and Associates, Inc. will complete the development of the City’s Recycled Water Master Plan in compliance with the United States Bureau of Reclamation, taking into account the following: new developments in water supply variability, high cost of water sources, new water-reuse regulations and other recycled water rules, and regulation and future use trends. Staff recommends approving the agreement amendment to extend the term of the original agreement by one year.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Amendment to Agreement with T.R. Holliman and Associates, Inc.
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council
25 –
1 8/15/2023
SECOND AMENDMENT TO AGREEMENT WITH T.R. HOLLIMAN & ASSOCIATES
FOR PREPARATION OF RECYCLED WATER MASTER PLAN
THIS SECOND AMENDMENT TO AGREEMENT is entered into on this 15th day of August 2023, by and between T.R. Holliman and Associates, Inc. (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California (“City”). Consultant and City are also referred to herein as “Parties” or individually as a “Party.”
RECITALS
A. The parties entered into Agreement No. A -2018-029, dated February 20, 2018, by which Consultant agreed to p repare a Recycled Water Master Plan for the Water Resource s Division of the Public Works Agency (“Agreement”).
B. The parties entered into a First Amendment to the Agreement (A-2021-008) on January 19, 2021, to expand the scope of work, increase the overall compensation, and extend the term of the Agreement until February 19, 2023.
C. On January 19, 2023, the parties extended the term of the Agreement for an additional six (6) months until August 19, 2023, to allow Consultant to complete work related to the Agreement, as amended. The Agreement is current and in-effect.
D. The parties desire to further amend the Agreement to extend the term of the agreement for a final one (1) year period. This Second Amendment contemplates no other revisions to the terms and conditions of the Agreement.
THE PARTIES THEREFORE AGREE:
1. Section 3, TERM, shall be amended to extend the term of the Agreement until August 18, 2024.
2. Except as hereinabove modified, the terms and conditions of said Agreement, as amended, remain unchanged and in full force and effect.
[signature page to follow]
EXHIBIT 1
City Council
25 –
2 8/15/2023
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
_____________________________ _____________________________ Jennifer L. Hall Kristine Ridge
City Clerk City Manager
APPROVED AS TO FORM: T.R. HOLLIMAN & ASSOCIATES, INC.
Sonia R. Carvalho, City Attorney
_____________________________
Brandon Salvatierra
Deputy City Attorney
_______________________________
By: Thomas R. Holliman, PE
Title: President/Managing Engineer
RECOMMENDED FOR APPROVAL:
__________________________
Nabil Saba, PE
Executive Director
Public Works Agency
City Council
25 –
3 8/15/2023
Human Resources
www.santa-ana.org/human-resources
Item # 26
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 15, 2023
TOPIC: City Manager’s Evaluation and Salary Adjustment
AGENDA TITLE
City Manager Evaluation and Adopt a Resolution to Reflect Positive Performance Evaluation Conducted on August 1, 2023 and Approving an Amended Annual Salary for the City Manager, and Take Formal Action by Majority Vote of the City Council to Not Extend the City Manager’s Employment Agreement for One Additional Year
RECOMMENDED ACTION
1. Adopt a resolution affirming positive evaluation results and approving an adjusted annual salary for the City Manager, and
2. Take formal action by majority vote of the City Council to not extend the City Manager’s Employment Agreement for one additional year.
DISCUSSION
The City of Santa Ana City Charter provides that the City Council shall conduct evaluations of its appointees, including the City Manager, on an annual basis. In addition, City Manager Kristine Ridge’s Employment Agreement provides for an annual performance evaluation by the City Council and opportunity for consideration of compensation adjustments based upon a positive evaluation. The City Council conducted a performance evaluation of City Manager Ridge on August 1, 2023 and received a positive performance evaluation.
As a result of the August 1, 2023 performance evaluation, the City Council supported an increase of three percent (3%), totaling $319,967 annually, effective July 1, 2022. The proposed resolution affirms the positive performance evaluation results and approves an adjusted annual salary for the City Manager (Exhibit 1).
In addition, the City Council affirms its desire to not extend City Manager’s Employment Agreement for one additional year. The remaining term of the Employment Agreement shall end on April 30, 2026.
City Council
26 –
1 8/15/2023
City Manager Evaluation and Salary Adjustment
August 15, 2023
3 6
7 2
FISCAL IMPACT
The City Council’s adoption of the proposed resolution will cost approximately $15,430 for FY 2022-23 and $13,064 for FY 2023-24, for a total estimated cost of $28,494. There are sufficient funds in the City Manager’s Office’s budget (accounts 01103010-61000) to cover the increased expenses. No additional appropriation is necessary, as the FY 2022- 23 and FY 2023-24 budgets are sufficient to absorb the cost.
EXHIBIT(S)
1. Resolution
Submitted By: Jason Motsick, Executive Director of Human Resources Approved By: Steven A. Mendoza, Assistant City Manager
City Council
26 –
2 8/15/2023
Resolution No. 2023-XXX
RESOLUTION 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING
A SALARY ADJUSTMENT FOR THE CITY MANAGER BASED ON EMPLOYEE
PERFORMANCE
WHEREAS, City of Santa Ana(“City”) and Kristine Ridge (“City Manager”) entered into that certain Employment Agreement dated March 19, 2019 (hereinafter “Employment Agreement”), whereby Employee agreed to serve as the City Manager of the City; and
WHEREAS, the City of Santa Ana City Charter and Employment Agreement provides that the City Council shall conduct an annual performance evaluation of the City Manager; and
WHEREAS, the City Council conducted such evaluation on August 1, 2023 resulting in positive performance appraisal; and
WHEREAS, the City Council desires to provide a salary adjustment for the City Manager.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Santa Ana as follows:
Section 1. The City Council hereby approves an annual salary for the City Manager of $319,967 (“Annual Salary”) retroactively effective July 1, 2022 . The Annual Salary shall be payable in installment payments in the same manner and at the same times as salaries of other executive managers of the City are paid.
Section 2. This Resolution shall take effect immediately upon its adoption.
Section 3. The Mayor shall sign this Resolution, and the City Clerk shall attest to and certify to the passage and adoption thereof.
ADOPTED this 15th day of August 2023.
___________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: _______________________________
Laura A. Rossini
Chief Assistant City Attorney – Employee Relations
City Council
26 –
3 8/15/2023
Resolution No. 2023-XXX
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
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 August 15, 2023.
Date: ___________________ ____________________________ Jennifer L. Hall
City Clerk
City of Santa Ana
City Council
26 –
4 8/15/2023
City Clerk Office
www.santa-ana.org/departments/city-clerks-office/
Item # 27
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 15, 2023
TOPIC: Recall Petition for Councilmember Jessie Lopez
AGENDA TITLE
Accept the Certificate of Sufficiency for Petition to Recall Councilmember Jessie Lopez, City Council, Ward 3, and Adopt Resolutions Calling a Special Election and Adopting a Regulation for Officer’s Statement
RECOMMENDED ACTION
1. Approve resolution accepting the certification of the Orange County Registrar of Voters as to the verification of signatures and the City Clerk’s Certificate of Sufficiency for petition seeking to recall Councilmember Jessie Lopez, City Council, Ward 3; and
2. Approve two resolutions:
1) calling and giving notice of a Special Municipal Election for the submission of the question of the recall of Councilmember Jessie Lopez to a vote by the electorate of Ward 3 of the City of Santa Ana and requesting specified services from the County of Orange to conduct said election, and
2) adopting a regulation for officer’s statement and establishing a system for payment of the cost of inclusion of the statement in the voter information guide.
DISCUSSION
This item was considered by City Council at its meeting of August 1, 2023 but no motions were successful at approving resolutions at that time (VOTE: 3-3. AYES: Mayor Amezcua and Councilmembers Bacerra and Penaloza; NOES: Councilmembers Hernandez, Phan, and Vazquez; ABSTAIN (recusal): Mayor Pro Tem Lopez). This item is presented to City Council again within the timeframe stipulated in Elections Code §11240 to seek the issuance of an order stating that an election shall be held.
Also on August 1, 2023, the City was notified via its City Attorney’s Office of pending litigation regarding this matter via a Verified Petition for Writ of Mandate and Complaint for Injunctive Relief (Albert Castillo v. City Council of the City of Santa Ana, et al.). [As of August 8, 2023, the lawsuit had not yet been served on the City]. Some
City Council
27 –
1 8/15/2023
Recall Petition for Councilmember Jessie Lopez
August 15, 2023
3 6
7 4
councilmembers wished to obtain additional legal counsel on the case and the recommended actions prior to making a final decision, which was provided during Closed Session earlier in this agenda.
A petition to recall Councilmember Jessie Lopez, Ward 3, was approved for signature collection by the City Clerk on April 7, 2023. Proponents delivered the completed petition to the City Clerk on June 12, 2023. Following a prima facie examination of the petition as required by law, the City Clerk determined the petition contained the requisite number of signatures of electors of the City, accepted the petition for filing on June 13, 2023, and forwarded the petition to the Orange County Registrar of Voters (ROV) for signature verification. The ROV has determined that the petition contains the requisite number of valid signatures of electors of Santa Ana’s Ward 3 to qualify the petition for certification to the City Council and has certified the results as of July 17, 2023. Exhibit 1 is a resolution accepting the ROV’s certification, with the certification attached as Exhibit “A” to the resolution.
In order for this recall petition to qualify for an election, the petition must contain signatures equal to 20% of the registered voters of Ward 3. The required number of signatures for this recall petition was 5,274. After examination of the petition by the ROV, the ROV determined the following:
Number of signatures filed 6,617
Number of signatures required 5,274
Number of signatures verified 6,617
Number of signatures found valid 5,284
Number of signatures found invalid 1,333
Invalid because of duplicate 395
Based upon the certification as to verification of signatures on petition, the City Clerk has prepared the certificate of sufficiency (Exhibit “B” to the Resolution). Pursuant to California Elections Code §11240, the City Council is required to issue an order within 14 days of receiving the certificate of sufficiency stating that an election shall be held to determine whether or not Councilmember Lopez shall be recalled. Such election shall be held not less than 88, nor more than 125, days after the issuance of the order.
Elections may only be held on a Tuesday that is not the day before, the day of, or the day after a State holiday. The possible dates for a special election are: November 14, November 21, November 28, December 5, or December 12.
As the certificate of sufficiency was presented to City Council on August 1, 2023, August 15, 2023 is the last day for City Council to issue an order stating that an election shall be held and setting the date for the election. Should the City Council fail to issue the order, pursuant to Elections Code §11241, the county elections official (Orange
City Council
27 –
2 8/15/2023
Recall Petition for Councilmember Jessie Lopez
August 15, 2023
3 6
7 4
County Registrar of Voters Bob Page), within five days, shall set the date for holding the election.
Additionally, Elections Code §11327 provides that an officer whose recall is being sought may file a statement with the elections official in accordance with §13307, to be sent to each voter, together with the voter information guide/pamphlet. Exhibit 3 sets forth a regulation for the officer’s statement and establishes a system for payment of the cost of inclusion of the officer’s statement in the voter information guide/pamphlet.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Costs to cover the verification of signatures and certification of the recall petition by the ROV were $22,936.40. Estimated costs for the Ward 3 Special Election are $607,403 - $666,990. Sufficient funds are available in the City Clerk’s Office’s FY23/24 budget, Administration, Contract Services-Professional (no. 01107031 62300).
There is no fiscal impact related to the officer’s statement. All costs will be borne by the officer.
EXHIBIT(S)
1. Resolution - Accepting Certificate of Signature Verification and Certificate of Sufficiency
2. Resolution - Calling a Special Municipal Election
3. Resolution - Adopting Regulation for Officer's Statement Submitted By: Jennifer Hall, City Clerk
Approved By: Kristine Ridge, City Manager
City Council
27 –
3 8/15/2023
#293993v2
Resolution No. 2023-XXX
RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ACCEPTING THE CERTIFIC ATE AS TO
VERIFICATION OF SIGNATURES ON PETITION AND
CERTIFICATE OF SUFFICIENCY FOR PETITION TO
RECALL COUNCILMEMBER JESSIE LOPEZ
WHEREAS, on February 8, 2023 , the City Clerk received a copy of Notice of Intention to Circulate Recall Petition for Jessie Lopez, Councilmember, Ward 3; and
WHEREAS, on April 7, 2023 , the Petition for Recall form was determined to meet the statutory requirements and, therefore, was approved for signature gathering; and
WHEREAS, pursuant to Elections Code Section 11221(a)(3), the number of signatures required on the petition to qualify and trigger a recall election must be equal in number to not less than the following percent of registered voters in the electoral district: twenty percent (20%) if the registration is less than 50,000 but at least 10,000 ; and
WHEREAS, according to the current Secretary of State report (dated February 10, 2023) at the time the Notice of Intention was filed, W a r d 3 i n t h e C i t y o f Santa Ana had 26,370 registered voters, and therefore, the number of verified signatures required was 5,274 for the petition; and
WHEREAS, on June 12, 2023, the proponents of a recall election submitted the petition with the C i t y Clerk’s Office in accordance with Elections Code Sections 11220 and 11222 and prior to the established deadline of August 7, 2023; and
WHEREAS, after completing a prima facie review of signatures, the City Clerk determined that the petition did, in fact, contain the minimum number of signatures, and, thereafter, provided the petitions to the County of Orange Registrar of Voters for examination and verification of signatures; and
WHEREAS, on July 17, 2023, the County of Orange Registrar of Voters provided a certificate as to verification of signatures on p etition for the petition to r ecall Council Member Jessie Lopez, indicating the requisite number of signatures affixed to the petition, and attached as Exhibit A; and
WHEREAS, based upon the certificate as to verification of signatures from the County of Orange Registrar of Voters, the City Clerk issued a certificate of sufficiency for the petition to recall Council Member Jessie Lopez attached as Exhibit B.
City Council
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4 8/15/2023
#
Resolution No. 2020-XXX
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 that the City Council hereby accepts the certificate as to verification of signatures on petition from the Orange County Registrar of Voters on the petition to recall Jessie Lopez , Councilmember, Ward 3, and also accepts the City Clerk’s certificate of sufficiency.
Section 2. 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 15th day of August, 2023.
________________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:_____________________________
Laura A. Rossini
Chief Assistant City Attorney
AYES AYES: Councilmembers ____________
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
City Council
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5 8/15/2023
#293993v2
Resolution No. 2023-XXX
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 August 15, 2023.
Date _______________ ______________________________
Jennifer L. Hall
City Clerk
City of Santa Ana
City Council
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6 8/15/2023
City Council
27 –
7 8/15/2023
City Council
27 –
8 8/15/2023
Resolution No. 2023-XXX
RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF
A SPECIAL MUNICIPAL ELECTION TO BE HELD I N C O U N C I L W A R D 3 ON TUESDAY,_____________________, 2023 FOR
SUBMISSION OF THE QUESTION OF THE RECALL OF CERTAIN
OFFICERS AND REQUESTING SPECIFIED SERVICES FROM THE
COUNTY OF ORANGE TO CONDUCT SAID ELECTION
WHEREAS, under the provisions of the law relating to charter cities in the State of California, a petition seeking the recall of City Councilmember Jessie Lopez was circulated for qualified voter signatures and timely filed with the City Clerk for the City of Santa Ana on June 13, 2023;
WHEREAS, the City Clerk for the City of Santa Ana re tained the services of the Orange County Registrar of Voters to verify the number of valid signatures contained in the recall petition;
WHEREAS, on July 17, 2023, the Orange County Registrar of Voters issued a certificate verifying that the recall petition contains enough valid signatures to qualify the recall for the ballot (20% of the registered voters in Ward 3);
WHEREAS, based upon the data provided by the Registrar of Voters, the City Clerk for the City of Santa Ana issued a certificate of sufficiency for the petition.
WHEREAS, the Orange County Registrar of Voters’ verification certificate along with the City Clerk’s certificate of sufficiency were presented to the Santa Ana City Council on August 1, 2023;
WHEREAS, Elections Code Section 11240 requires that the Santa Ana City Council issue an order stating that an election shall be held to determine whether o r not the officer named in the petition shall be recalled not later than fourteen (14) days after the meeting at which it received the certificate of sufficiency ; and
WHEREAS, the election shall be held not less than 88, nor more than 125 , days after the issuance of the order pursuant t o Elections Code Section 11242.
NOW, THEREFORE, 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 herby finds, determines, and declares as follows that pursuant to the requirements of the laws of the State of California relating to charter cities, that there is called and ordered to be held in C o u n c i l W a r d 3 o f the City of Santa Ana, California, on Tuesday, ____________, 2023
City Council
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9 8/15/2023
Resolution No. 2023-XXX
a Special Municipal Election for the purpose of submitting the question of the recall of City Councilmember Jessie Lopez.
SECTION 2: On the ballots to be used at the Special Municipal Election, in addition to any other matters required by law, there shall be printed substantially the following ballot question:
Shall Jessie Lopez be recalled (removed)
from the of fice of Councilmember for
Ward 3, City of Santa Ana?
YES
NO
SECTION 3: That, pursuant to California Elections Code Section 11327, Councilmember Lopez may file a statement of not more than two hundred (200) words with the elections official in accordance with Elections Code Section 13307, to be sent to each voter, together with the voter information guide.
SECTION 4: The ballots to be used at the election shall be in form and content as required by law.
SECTION 5: The precincts, ballot drop box locations and hours of operations, vote center locations and hours of operations, vote-by-mail procedures and timing, and election officers, and all other persons and procedures for the Special Municipal Election shall be those utilized by the County of Orange.
SECTION 6: In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
SECTION 7: Notice of the time and place of holding the election is given and the City Clerk is authorized and instructed to give further or additional notice of the election, in time, form, and manner as required by law.
SECTION 8: That pursuant to the requirements of Section 10002 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to permit the Orange County Registrar of Voters to render specific services to the City relating to the conduct of the Special Municipal Election.
The specific election services which the City of Santa Ana r equests the Registrar of Voters, or such other official as may be appropriate, to perform, and which such officer is hereby authorized and directed to perform, if said Board of Supervisors consents, include: the preparation, printing and mailing of sample ballots /voter information guides ; making such publications as are required by law in connection therewith; the preparation, printing, mailing and
City Council
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Resolution No. 2023-XXX
furnishing of vot e-by-mail ballots and other necessary supplies or materials to conduct the election; the canvassing of the returns of the election and the furnishing of the results of such canvassing to the City Clerk of the City of Santa Ana ; and the performance of such other election services as may be requested by the City Clerk.
SECTION 9: Furthermore, pursuant to Elections Code Section 10002, the City of Santa Ana recognizes that additional costs will be incurred by the County due to providing election services and canvassing returns for this Special Municipal Election and agrees to reimburse the County of Orange for any such costs.
SECTION 10: That the City Clerk is authorized, instructed, and directed to coordinate with the County of Orange Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter, and all supplies, equipment, and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 11: The City Council directs the C i t y Clerk to file a certified copy of this Resolution with the Orange County Registrar of Voters and the Orange County Board of Supervisors.
SECTION 12: 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 15th day of August, 2023.
________________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:_____________________________
Laura A. Rossini
Chief Assistant City Attorney
City Council
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11 8/15/2023
Resolution No. 2023-XXX
AYES Councilmembers ____________
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
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 August 15, 2023.
Date _______________ ______________________________
Jennifer L. Hall
City Clerk
City of Santa Ana
City Council
27 –
12 8/15/2023
Resolution No. 2023-XXX
RESOLUTION NO. 2023-0XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ADOPTING A REGULATION FOR AN
OFFICER WHOSE RECALL IS BEING SOUGH T
PERTAINING TO A STATEMENT SUBMITTED TO THE
VOTERS AT A SPECIAL ELECTION ON TUESDAY
__________, 2023 AND ESTABLISHING A SYSTEM FOR
PAYMENT OF THE COST OF INCLUSION OF THE
OFFICER’S STATEMENT IN VOTER INFORMATION
GUIDE/PAMPHLET AND/OR ELECTRONIC COPY
WHEREAS, on August 15, 2023, by adoption of Resolution No. ______, the City Council called a special municipal election pursuant to the California Elections Code, to be held on _______, 2023, whereby the voters of Santa Ana Ward 3 will consider whether Councilmember Jessie Lopez shall be recalled from elective office.
WHEREAS, Section 11327 of the Elections Code of the State of California provides that an officer whose recall is being sought may file a statement with the elections official in accordance with Section 13307, to be sent to each voter, together with the voter information guide/pamphlet.
WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency may adopt regulations pertaining to a statement prepared by any officer whose recall is being sought for a special municipal election, including costs of the statement.
WHEREAS, Section 13307(d) of the Elections Code of the State of California authorizes the governing body of any local agency to require the officer whose recall is being sought and filing a statement to pay in advance to the local agency the estimated cost as a condition of having his or her statement included in the voter information guide/pamphlet or electronically distributed.
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:
That pursuant to Sections 13307 and 11327 of the Elections Code of the State of California, an officer whose recall is being sought at a special election to be held in the City of Santa Ana on _____________, 2023 may prepare a statement on an appropriate form provided by the City Clerk and in compliance with the requirements of the Elections Code for the State of California. The statement shall not exceed 200 words.
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Resolution No. 2023-XXX
Section 2. Foreign Language Policy. Pursuant to the Federal Voting Rights Act, the officer’s statement will be translated into all languages required by the County of Orange.
Section 3. Payment.
A. The Orange County Registrar of Voters Office has estimated the total cost of translating, posting an electronic copy on the Registrar of Voters website, printing, handling, and/or mailing the statement of the officer whose recall is being sought and has determined the approximate cost of the officer filing a statement, based upon such estimate, as follows:
Print in voter information guide/pamphlet and electronic copy of Statement in Registrar of Voter’s Office website in English, Spanish, Vietnamese, Korean and Chinese:
200 Words $1,102.45
Electronic copy of Statement in Registrar of Voter’s Office website in English, Spanish, Vietnamese, Korean and Chinese:
200 Words $431.56
B. Payment in advance by the officer whose recall is being sought of the statement costs shall be a condition of having his or her statement included in the voter's pamphlet, and/or electronic posting.
Section 4. Notice of Requirement to Pay Statement Cost s; Obligation to Pay Actual Costs.
A. Prior to the period in which the statements may be filed, the City Clerk shall prepare a written notice distributed to the officer whose recall is being sought, informing him or her that payment of the amount must be made no later than 88 days before the special election , as prescribed by the California Elections Code.
B. The City Clerk’s receipt for the payment shall include a written notice that the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate.
Accordingly, the City Clerk shall not be bound by the estimate and shall, as applicable, bill the officer for the additional amount necessary to cover the actual expense or refund any excess monies paid by the officer, depending on the final actual cost. In the event of underpayment, the City Clerk shall require the officer to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall refund the excess amount paid.
Section 5. The City Clerk shall provide the officer or the officer’s representative a copy of this Resolution at the time the officer files his or her statement with the City Clerk.
City Council
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Resolution No. 2023-XXX
Section 6. 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 15th day of August, 2023.
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By ________________________
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, Jennifer Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2023-0XX to be the original resolution adopted by the City Council of the City of Santa Ana on August 15, 2023.
Date: ______________________ ________________________________ Jennifer Hall
City Clerk
City of Santa Ana
City Council
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15 8/15/2023
Public Works Agency
www.santa-ana.org/public-works
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
City Council
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1 8/15/2023
Resolution Rescinding Water Supply Shortage Level Two Declaration August 15, 2023
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
City Council
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2 8/15/2023
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-7-22
WHEREAS on April 12, 202l, May l 0, 2021, July 8, 202l, 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 2021 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
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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 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:
1. The orders and provisions contained in my April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021 Proclamations remain in full 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 all 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 than June 1, 2022, and submit a fina l annual water
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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
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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
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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
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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
City Council
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8 8/15/2023
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 emergencydueto droughtconditionsandcalledon Californiansto 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 institutionalsites, and requiringall urbanwatersuppliersto implementbyJune 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
City Council
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9 8/15/2023
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 accordingto the communicationproceduresidentifiedin 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 unreasonableuseof water and to promotewaterconservation, use of potablewater is prohibitedfortheirrigationofnon-functionalturfatcommercial, industrial, andinstitutional sites; providedthat the use of water is not prohibitedby this sectionto the extent necessaryto ensurethehealthof treesandotherperennialnon -turfplantingsorto the extentnecessaryto addressan immediatehealthandsafetyneed.
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 MunicipalCode section39-100, the City Councilherebyordersthe implementationof demand reduction actions for a Level2 WaterSupply Shortage, as establishedbythe City's Water Shortage Contingency Plan.
Section 4. Pursuant to Santa Ana Municipal Code section 39-100, implementingWaterShortageLevel2 consumerdemandreductionsincludethoselisted in Section 39- 100(c) and sections 39- 100(a)-( b).
Section 5. The regulationsand restrictionsimplementedbythis Resolutionshall beenforceablebytheCitypursuanttoSantaAnaMunicipalCodesection39-104.
Section 6. All customersare being askedto reducewater usage by following water conservationpracticesinsideandoutsidethe 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 Resolutionshall take effect immediatelyupon its adoptionby the CityCouncil, andthe Clerkof the Councilshallattestto andcertifythe voteadopting this Resolution.
Resolution No. 2022- 042
City Council
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10 8/15/2023
ADOPTEDthis 7'hday 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 ResolutionNo 2022-042 to be the original resolutionadopted 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
City Council
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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, 202l, 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
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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.
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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.
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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
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Resolution No. 2023-XXX
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 St ate 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 (1 0%) 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.
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Resolution No. 2023-XXX
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 previo us 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.
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Resolution No. 2023-XXX
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
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Resolution No. 2023-XXX
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
City Council
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