REPORT TO COUNCIL
SUBJECT
Title
Action to Adopt Resolution to Rescind Stage 2 of the Water Shortage Contingency Plan, While Continuing to Implement State Water Resources Control Board (SWRCB) Water Use Restrictions
Report
COUNCIL PILLAR
Promote Sustainability and Environmental Protection
BACKGROUND
On July 12, 2021, the City Manager, as Director of Emergency Services, proclaimed the City of Santa Clara’s emergency drought conditions as recognized by the City’s water supply partners.
On July 13, 2021, City Council ratified and adopted Resolution 21-8989 declaring the drought emergency and implementing Stage 2 of the City’s Water Shortage Contingency Plan (WSCP).
On April 19, 2022, City Council amended Stage 2 with Resolution 22-9077, reducing the three days per week outdoor watering restriction to a maximum of two days per week.
On March 24, 2023, Governor Newsom issued Executive Order N-5-23, terminating several drought provisions, including California’s 15% voluntary water conservation target. The SWRCB drought emergency regulations requiring implementation of agency level 2 drought water shortage contingency plans remained in effect.
On April 11, 2023, Valley Water’s Board approved a 15% voluntary water use reduction and to continue two days per week outdoor watering. The San Francisco Public Utilities Commission also rescinded their drought emergency but kept a voluntary call for 11% water use reduction compared to FY19-20 and Level 2 requirements until the SWRCB requirements expire or are rescinded.
On May 9, 2023, the Council adopted a Resolution to Terminate the Proclamation of Emergency Drought Conditions for the City of Santa Clara, keeping water use restrictions in Stage 2 active.
As of June 5, 2023, the SWRCB requirement for urban water suppliers to implement demand-reduction actions that correspond to at least Level 2 of their water shortage contingency plans is no longer in effect.
DISCUSSION
In response to improved water supply conditions, and actions set forth by both the SWRCB and Water Suppliers, staff recommends rescinding Stage 2 of the Water Shortage Contingency Plan.
The SWRCB has emergency regulations that prohibit wasteful water practices; set to expire on December 21, 2023, these include the following:
• outdoor watering that lets water run onto sidewalks and other areas,
• washing vehicles without an automatic shutoff nozzle,
• washing hard surfaces like driveways or sidewalks that do not absorb water,
• filling decorative fountains, lakes or ponds without a recirculation pump,
• outdoor watering within 48 hours after at least ¼ inch of rainfall, and
• watering decorative grass on public medians,
All of these regulations are already permanent water use prohibitions in the Normal Stage of Santa Clara’s WSCP. Additionally, the SWRCB includes prohibitions of potable water used for street cleaning or construction site preparation, and staff recommends continuing to require water used for construction and dust control must be recycled if available. These conservation measures will be necessary until SWRCB restrictions are rescinded on December 21, 2023.
Similarly, staff recommends restricting the watering of decorative grass in commercial, industrial, and institutional areas, including common areas of homeowners’ associations (HOAs) per SWRCB regulation effective until June 5, 2024. In addition, consistent with the recommendation of Valley Water, staff recommends continuing to maintain a 15% voluntary water use reduction, as established by Resolution 23-9226.
City staff will continue public conservation outreach, educational and rebate programs. Permanent water use restrictions and prohibitions outlined in Section 1C of the City’s Water Service and Use Rules and Regulations that prevent the wasting of water will continue to be required.
As climate change continues to contribute to more frequent and severe droughts, the City must permanently adopt the drought adaptations it has made, making them part of a conservation mindset and lifestyle that sustains Santa Clara regardless of California’s weather fluctuations.
Staff will continue to partner with Valley Water, Bay Area Water Supply and Conservation Agency, and San Francisco Public Utilities Commission to develop approaches that promote water conservation as a way of life in the City of Santa Clara.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
The action itself does not have a fiscal impact beyond the cost of staff time.
COORDINATION
This report was coordinated with the City Attorney’s Office
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Adopt a Resolution Rescinding Stage 2 of the City’s Water Shortage Contingency Plan While Continuing to Implement SWRCB Water Use Restrictions.
Staff
Reviewed by: Gary Welling, Director, Water & Sewer Utilities
Approved by: Jōvan D. Grogan, City Manager
ATTACHMENTS
1. Proposed Resolution Rescinding Stage 2 of the City’s Water Shortage Contingency Plan