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HomeMy WebLinkAbout05 - Repealing Resolution which Declared a Level Two Water Supply Shortage�EWPR CITY OF T - z NEWPORT BEACH <,FoR�P City Council Staff Report April 25, 2017 Agenda Item No. 5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: George Murdoch, Municipal Operations Director - 949-644-3011, gmurdoch@newportbeachca.gov PREPARED BY: Shelby Morgan, Management Assistant PHONE: 949-718-3013 TITLE: Adoption of Resolution Repealing Resolution No. 2016-87, which Declared a Level Two Water Supply Shortage ABSTRACT: As a result of unprecedented water conservation and plentiful winter rain and snowfall, Governor Brown ended the drought State of Emergency on April 7, 2017 in all California counties except Fresno, Kings, Tulare, and Tuolumne. The Governor's Executive Order B-40-17 rescinds two emergency proclamations and four drought related Executive Orders and builds on actions making water conservation a way of life. The State Water Resources Control Board will maintain water use reporting requirements and prohibitions on wasteful practices such as hosing sidewalks, irrigating during and after rainfall and irrigating center median turf with drinking water. In light of improved conditions, staff recommends rescinding Resolution 2016-87 Declaration of a Level Two Water Supply Shortage. This removes the mandatory water conservation requirements such as restricted watering days and the required 15 percent reduction in use. Permanent restrictions remain in place and staff will continue with education and enforcement of wasteful water use practices. RECOMMENDATION: a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2017-28, A Resolution of the City Council of the City of Newport Beach, California, Repealing Resolution No. 2016-87, Which Declared a Level Two Water Supply Shortage. 5-1 Adoption of Resolution Repealing Resolution No. 2016-87, which Declared a Level Two Water Supply Shortage April 25, 2017 Page 2 FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: On January 17, 2014, Governor Edmund G. Brown, Jr. proclaimed a Drought State of Emergency and directed state officials to take all necessary actions to address drought conditions. The proclamation gave State water officials more flexibility to manage water supply throughout California due to the drought. Since then, there have been numerous actions taken by both the State and by City Council to address the drought, including the City Council's adoption of Resolution No. 2016-87 declaring a Level Two Water Supply Shortage on July 12, 2016. The current Level Two mandatory requirements include watering day restrictions of one day a week between November and March and three days a week from April through October as well as water use reductions of fifteen percent compared to the same billing period in 2013. Other restrictions include fixing leaks within forty-eight hours of discovery, filling fountains no more than once a week and filling pools no more than six inches per week. Newport Beach Municipal Code (NBMC) Chapter 14.16 titled "Water Conservation and Supply Level Regulations" sets procedures for the declaration of a water supply shortage. City Council may adopt mandatory water conservation requirements at any of the four levels (1-4) depending on the severity of the water supply shortage. Chapter 14.16 also establishes permanent restrictions on water use, exemptions, relief from compliance and enforcement. On April 7, 2017, following unprecedented water conservation and plentiful winter rain and snow, Governor Brown ended the drought State of Emergency in most of California. The Governor's Executive Order B-40-17 lifts the drought emergency in all California counties except Fresno, Kings, Tulare, and Tuolumne. The Executive Order also rescinds two emergency proclamations from January and April 2014 and four drought -related Executive Orders that were issued in 2014 and 2015. The new Executive Order builds on previous Executive Order B-37-16 "Making Water Conservation a Way of Life". The State Water Resources Control Board maintains water use reporting requirements and the prohibitions on wasteful water practices such as hosing sidewalks and watering during and right after rainfall. New or continued regulations are expected to restrict watering of center median turf with drinking water, fixing leaks and monitoring wasteful practices. 5-2 Adoption of Resolution Repealing Resolution No. 2016-87, which Declared a Level Two Water Supply Shortage April 25, 2017 Page 3 The basis for declaring a water supply shortage requires a determination that a water supply shortage or threatened shortage exists due to a drought or other water supply condition. The City's water suppliers, the Municipal Water District of Orange County and Orange County Water District, have stated that there are sufficient supplies even if three additional dry years occur. The Orange County Water Basin is at a low level, but shows signs of recovery. For these reasons it is recommended to remove the existing water restrictions by repealing the Level Two Water Supply Shortage resolution. Staff will continue to work with the State as new regulations are established, and continue to educate, encourage, and enforce current permanent restrictions pursuant to NBMC 14.16.040 — "Permanent Mandatory Water Conservation Requirements." Additionally, staff will continue to develop tools to assist the City's customers with using water wisely, understanding how much water they should use, and how to avoid wasting water. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING - The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Resolution No. 2017-28 Repealing Resolution No. 2016-87 Attachment B — Resolution No. 2016-87 5-3 ATTACHMENT A RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, REPEALING RESOLUTION NO. 2016-87, WHICH DECLARED A LEVEL TWO WATER SUPPLY SHORTAGE WHEREAS, on January 17, 2014, following three dry or critically dry years in California, State Governor Edmund G. Brown Jr. declared a drought state of emergency by issuing a Proclamation; WHEREAS, on April 25, 2014, Governor Brown issued an Executive Order calling on the State to redouble State drought actions. The Executive Order provides that the State Water Resources Control Board ("Board") shall direct urban water suppliers that are not already implementing drought response plans to limit outdoor irrigation and other wasteful water practices; WHEREAS, on July 15, 2014, the Board adopted an emergency regulation for Statewide urban water conservation (Resolution No. 2014-38) that requires water agencies to comply with Water code section 1058.5 which grants the Board the authority to adopt emergency regulations in certain drought years; WHEREAS, on September 9, 2014, the Newport Beach City Council ("City Council") adopted Resolution No. 2014-79 Declaring a Level One Water Supply Shortage in an effort to conserve water usage to one hundred percent (100%) of each customer's "Base Amount" (generally, the three-year moving average use) and limit outdoor irrigation, WHEREAS, on April 1, 2015, Governor Brown issued Executive Order B-29-15 directing that his January 17, 2014 Proclamation, April 25, 2014 Proclamation, and Executive Orders B-26-14 and B-28-14 remain in full force and effect, and that the Board shall impose restrictions to achieve a Statewide twenty-five percent (25%) reduction in potable urban water usage through February 28, 2016; WHEREAS, on May 5, 2015, the Board adopted Resolution No. 2015-32 and an Emergency Regulation to address specific provisions of Executive Order B-29-2015 that included a mandatory twenty-five percent (25%) Statewide reduction in potable urban water use between June 2015 and February 2016. To implement the Executive Order, the Emergency Regulation placed each urban water supplier in a conservation tier, ranging between eight (8) and thirty-six (36) percent, based residential per capita water use for the months of July through September 2014. Resolution No. 2015-32 also directed staff to work with stakeholders to further develop and consider a range of factors that contribute to water use, including but not limited to, climate, growth, investment in local, drought -resilient supplies, and others for adjustment to the current emergency regulation should it need to be extended into 2016; 5-4 Resolution No. 2017 - Page 2 of WHEREAS, on June 9, 2015, the City Council adopted Resolution No. 2015-51 declaring a Level Three Water Supply Shortage, setting customer usage to seventy-five percent (75%) of their 2013 water use when compared to the same billing cycle; WHEREAS, on November 13, 2015, Governor Brown issued Executive Order B- 36-15 calling for an extension of urban water use restrictions until October 31, 2016, should drought conditions persist through January 2016. This Executive Order also directs the Board to consider modifying the restrictions to incorporate insights gained from the existing restrictions; WHEREAS, on February 2, 2016, the Board adopted Resolution No. 2016-7 and a revised, extended Emergency Regulation to address specific provisions of Executive Order B-36-15. The Emergency Regulation established adjustments to reduce the conservation standards of urban water suppliers in consideration of the differences in climate affecting different parts of the State, growth experienced by urban areas, and significant investments that have been made by some suppliers towards creating new, local, drought -resilient sources of potable water supply; WHEREAS, on May 9, 2016, Governor Brown issued Executive Order B-37-16 calling on the Board to adjust emergency water conservation regulations through the end of January 2017, in recognition of differing water supply conditions across the state; WHEREAS, on May 18, 2016, the Board adopted a Statewide water conservation approach that mandates urban water suppliers ensure they have a three- year supply of water, assuming three more dry years occur. Water agencies that would face a shortage under this scenario would be required to meet a conservation standard equal to the amount of the shortage; WHEREAS, Statewide precipitation in 2016 has been variable. Northern California received above-average rainfall, while much of Southern California continued to experience below-average rainfall and warm temperatures. February 2016 was amongst the warmest and driest recorded for parts of Southern California. Consequently, while major Northern California water reservoirs are near or above average water storage for this time of year, many Southern California reservoirs are significantly below average; WHEREAS, on July 12, 2016, the City Council adopted Resolution No. 2016-87 declaring a Level Two Water Supply Shortage, setting customer usage to eighty-five percent (85%) of their 2013 water use when compared to the same billing cycle; WHEREAS, on February 8, 2017, the Board voted to extend the current drought regulations until May 2017. All current State regulations/reporting will remain in effect until May 2017 or, if the Governor rescinds the Drought State of Emergency, the Board will reconvene and consider lifting the restrictions; WHEREAS, on April 7, 2017, following unprecedented water conservation and plentiful winter rain and snow, Governor Brown ended the drought State of Emergency in 5-5 Resolution No. 2017 - Page 3 of most of California, while maintaining water reporting requirements and prohibitions on wasteful practices such as watering during or right after rainfall; WHEREAS, the Governor's Executive Order B-40-17 lifts the drought emergency in all California counties except Fresno, Kings, Tulare, and Tuolumne, where emergency drinking water projects will continue to help address diminished groundwater supplies. The Executive Order also rescinds two Emergency Proclamations from January and April 2014 and four drought -related Executive Orders issued in 2014 and 2015; WHEREAS, the City of Newport Beach ("City") finds it appropriate to end the restrictions imposed by the Level Two Water Supply Shortage declared by Resolution No. 2016-87 by means of repealing Resolution No. 2016-87 in light of the Governor's Executive Order B-40-17; WHEREAS, Newport Beach Municipal Code Section 14.16.050 establishes procedures for declaration of water supply shortages by resolution. Mandatory conservation requirements shall remain in full force and effect until the resolution is repealed or a new resolution is established; and WHEREAS, Newport Beach Municipal Code Section 14.16.040 establishes permanent mandatory water conservation requirements compliant with the Governor's Executive Order B-40-17 which will remain in full force; and WHEREAS, by adopting this resolution, the City Council intends to repeal Resolution No. 2016-87 and the Level Two Water Supply Shortage and related restrictions declared by Resolution No. 2016-87. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby repeal Resolution No. 2016-87, which declared a Level Two Water Supply Shortage pursuant to Newport Beach Municipal Code Section 14.16.050. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 3: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the 5-6 Resolution No. 2017 - Page 4 of activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 1 5378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this day of 20 Kevin Muldoon Mayor Leilani 1. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney 5-7 ATTACHMENT B RESOLUTION NO. 2016-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DECLARING A LEVEL TWO WATER SUPPLY SHORTAGE WHEREAS, On January 17, 2014, following three dry or critically dry years in California, State Governor Edmund G. Brown Jr. declared a drought state of emergency by issuing a proclamation; and WHEREAS, On April 25, 2014, Governor Edmund G. Brown Jr. issued an executive order calling on the State to redouble state drought actions. The Executive Order provides that the State Water Resources Control Board ("Board") shall direct urban water suppliers that are not already implementing drought response plans to limit outdoor irrigation and other wasteful water practices; and WHEREAS, On July 15, 2014, the Board adopted an emergency regulation for Statewide urban water conservation (Resolution No. 2014-38) and requires water agencies to comply with Water code section 1058.5 that grants the Board the authority to adopt emergency regulations in certain drought years; and WHEREAS, On September 9, 2014, the Newport Beach City Council adopted a Resolution of the City Council of the City of Newport Beach Declaring a Level One Water Supply Shortage (Resolution No. 2014-79) to conserve water usage to 100% of Base Amount and limit outdoor irrigation, and WHEREAS, On April 1, 2015, California, State Governor Edmund G. Brown Jr. issued an executive order (B-29-15) directing that his January 17, 2014 Proclamation, April 25, 2014 Proclamation and Executive Orders (B-26-14, B-28-14) remain in full force and effect, and that the Board shall impose restrictions to achieve a Statewide 25% reduction in potable urban water usage through February 28, 2016; and WHEREAS, On May 5, 2015, the Board adopted Resolution No. 2015-32 and an Emergency Regulation to address specific provisions of Executive Order B-29-2015 that included a mandatory 25 percent Statewide reduction in potable urban water use between June 2015 and February 2016. To implement the Executive Order, the Emergency Regulation placed each urban water supplier in a conservation tier, ranging M Resolution No. 2016-87 Page 2 of 6 between 8 and 36 percent, based residential per capita water use for the months of July through September 2014. Resolution No. 2015-32 also directed staff to work with stakeholders to further develop and consider a range of factors that contribute to water use, including but not limited to, climate, growth, investment in local, drought -resilient supplies, and others for adjustment to the current emergency regulation should it need to be extended into 2016; and WHEREAS, On June 9, 2015, the Newport Beach City Council adopted a Resolution, A Resolution of the City Council of the City of Newport Beach Declaring a Level Three Water Supply Shortage (Resolution 2015-51), setting customer usage to 75% of their 2013 water use when compared to the same billing cycle; and WHEREAS, On November 13, 2015, Governor Brown issued Executive Order B-36-15 calling for an extension of urban water use restrictions until October 31, 2016, should drought conditions persist through January 2016. This Executive Order also directs the Board to consider modifying the restrictions to incorporate insights gained from the existing restrictions; and WHEREAS, On February 2, 2016, the Board adopted Resolution No. 2016-7 and a revised, extended Emergency Regulation to address specific provisions of Executive Order B-36-15. The Emergency Regulation established adjustments to reduce the conservation standards of urban water suppliers in consideration of the differences in climate affecting different parts of the state, growth experienced by urban areas, and significant investments that have been made by some suppliers towards creating new, local, drought -resilient sources of potable water supply; and WHEREAS, On May 9, 2016, Governor Brown issued Executive Order B-37-16 calling on the Board to adjust emergency water conservation regulations through the end of January 2017, in recognition of differing water supply conditions across the state; and WHEREAS, On May 18, 2016, the Board adopted a Statewide water conservation approach that mandates urban water suppliers ensure they have a three- year supply of water, assuming three more dry years occur. Water agencies that would face a shortage under this scenario would be required to meet a conservation standard equal to the amount of the shortage; and 5-9 Resolution No. 2016-87 Page 3 of 6 WHEREAS, Statewide precipitation in 2016 has been variable. Northern California received above-average rainfall, while much of southern California continued to experience below-average rainfall and warm temperatures. February 2016 was amongst the warmest and driest recorded for parts of southern California. Consequently, while major Northern California water reservoirs are near or above average water storage for this time of year, many Southern California reservoirs are significantly below average. In addition, the snowpack is melting fast and as of early May, is at less than 50 percent of the average for this time of year; and WHEREAS, The City of Newport Beach Municipal Code Chapter 14.16 establishes water conservation and supply level regulations to prevent the waste and unnecessary and nonessential use of potable water, and creates four increasing levels of water conservation requirements based on the severity of conditions; and WHEREAS, The City of Newport Beach Municipal Code Section 14.16.040 meets all "permanent" restrictions required by the Board; and WHEREAS, The City of Newport Beach finds it necessary to declare a water supply shortage and implement Level Two Mandatory Water Conservation Requirements to reduce water use and comply with state regulations requiring mandatory restriction on outdoor irrigation of ornamental landscape or turf with potable water. WHEREAS, On June 28, 2016, the City Council adopted Resolution No. 2016- 85, A Resolution of the City Council of the City of Newport Beach Noticing its Intention to Declare a Level Two Water Supply Shortage, and to conduct a public hearing on July 12, 2016, to declare a Level Two Water Supply Shortage per Section 14.16 of the Municipal Code. NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach that: Section 1: Pursuant to Section 14.16.050 of the Municipal Code, the City Council declares a Level Two water supply shortage. 5-10 Resolution No, 2016-87 Page 4 of 6 Section Z: A public hearing was held on Juiy 12, 2016, in order for the public to appear before City Council and be heard on whether a resolution declaring the Level Two water supply shortage should be adopted. Section 3: Following the public hearing, if the City Council adopts a resolution declaring a Level Two water supply shortage as set forth in NMBC Chapter 14.16.070, and in addition to permanent water use restrictions already in effect, the following water use restrictions will apply: A. No customer shall use potable water to irrigate any lawn, landscape or other vegetated area between the hours of 9:00 a.m. and 5:00 p.m. Pacific time on any day, except by use of a hand-held bucket or similar container, a hand- held hose equipped with a positive self-closing water shut-off nozzle or device, or for short periods of irrigation for the exclusive purpose of adjusting or repairing an irrigation system. B. No customer shall use potable water to irrigate any lawn, landscape or other vegetated area except on the scheduled irrigation days established by City Council resolution. During a Level Two water supply shortage, the schedule established by City Council resolution shall specify for each customer: (1) three irrigation days per week during the months of April, May, June, July, August, September, and October; and, (2) one irrigation day per week during the months of November, December, January, February, and March. Prior to the foregoing restriction becoming effective, the City shall notify the customer of the scheduled irrigation days by mail, which may be done by an indication on the customer's municipal services statement. This restriction does not apply to the following unless the City has determined that recycled water is available and may be lawfully applied to the use: 1. Maintenance of vegetation, including trees and shrubs, that is watered using a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or a very low - flow drip type irrigation system when no emitter produces more than two gallons of water per hour. 5-11 Resolution No. 2016-87 Page 5 of 6 2. Irrigation of food crops (including fruit trees and vegetable gardens), provided that such irrigation does not exceed five times per week on a schedule established and posted by the City's Municipal Operations Department. 3. Short periods of irrigation for the exclusive purpose of adjusting or repairing an irrigation system. C. No customer shall use more water during any billing period greater than 85 percent of the customer's base amount. The base amount of water usage shall be per billing period when compared to the same period in 2013. For customers who do not have billing history, then the City shall estimate the water usage per billing period of similar premises and users D. No person shall permit excessive use, loss or escape of water through breaks, leaks or other malfunctions in the user's plumbing or distribution system for more than forty-eight (48) hours after receiving notice of the condition from the City. E. No customer may use potable water to fill or refill an ornamental lake, pond, or fountain more than once every other week, except to the extent needed to sustain aquatic life, provided that such animals were being actively managed within the water feature at the time of the City's declaration of the water supply shortage under this chapter. F. Customers may use no more than six inches of potable water per week to fill or refill a residential swimming pool or outdoor spa. Section 4: This Resolution shall be published or posted within 10 days of its adoption in a manner required by California Water Code Section 376. Section 5: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, 5-12 Resolution No. 2016-87 Page 6 of 6 because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 6: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 121h day of July, 2016. ATTEST: Leilani I Brown City Clerk c Diane B. Dixon Mayor 5-13 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF NEWPORT BEACH 4 I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2016-87 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 12th day of July, 2016, and that the same was so passed and adopted by the following vote, to wit: AYES: Councii Member Peotter, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon NAYS: None ABSENT: Council Member Duffield IN WITNESS WHEREOF; I have hereunto subscribed my name and affixed the official seal of said City this 13t" day of July, 2016. ; r�- , X� Leflani I. Brown, MMC City Clerk Newport Beach, California (Seal) NE p { j �oRNIP' 5-14