Loading...
HomeMy WebLinkAbout04 - Level One Water ShortageCITY OF NEWPORT BEACH City Council Staff Report August 12, 2014 Agenda Item No. 4. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: George Murdoch, Acting Municipal Operations Department Director - (949) 644- 3011, gmurdoch @newportbeachca.gov PREPARED BY: Rachell Wilfert PHONE: 949- 644 -3010 TITLE: Resolution of Intent to Set a Public Hearing Regarding Declaring of a Level One Water Shortage ABSTRACT: On July 15, 2014, the State Water Resource Control Board approved emergency regulations increasing water conservation efforts throughout the state. The new regulations call for water agencies to prohibit activities that cause unnecessary waste, implement levels of their water conservation plans that reduce outside irrigation, and submit monthly monitoring reports to the State. The City of Newport Beach Municipal Code Chapter 14.16 addresses the requirements for prohibited activities however, it is staff's recommendation that City Council issue a resolution declaring its intent to declare the existence of water supply shortage. A declaration of a Level One water supply shortage will serve to comply with the State requirements and will increase water conservation efforts throughout the City to ensure adequate water supply in the near future. RECOMMENDATION: a) Adopt a Resolution of Intention (Resolution No. 2014 -73), A Resolution of the City Council of the City of Newport Beach Noticing its Intention to Declare a Level One Water Supply Shortage, and to conduct a public hearing on September 9, 2014, to declare a Level One water supply shortage per Section 14.16 of the Municipal Code; and b) Direct the City Clerk to publish Resolution No. 2014 -73 within fifteen (15) days of its adoption and at least ten (10) days of the public hearing on September 9, 2014. FUNDING REQUIREMENTS: There is no fiscal impact related to this item at this time. DISCUSSION: Background On January 17, 2014, Governor Edmund G Brown Jr., declared a drought state of emergency by issuing a proclamation. On April 25, 2014, Governor Brown issued an executive order to redouble efforts to conserve water. On July 15, 2014, the State Water Resource Control Board ( "Board ") adopted emergency regulations adding new sections to Title 23 of the California Code of Regulations. Below are summarized key components of the new regulations • To promote water conservation, each of the following actions is prohibited, except where necessary to address an immediate health and safety need: o The application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non - irrigated areas, private and public walkways, roadways, parking lots, or structures; o The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut -off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use; o The application of potable water to driveways and sidewalks; and o The use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system. • The taking of any prohibited action can be subject to fines of up to $500 for each day in which the violation occurs. • To promote water conservation, each urban water supplier shall implement all requirements and actions of the stage of its water shortage contingency plan that imposes mandatory restriction on outdoor irrigation of ornamental landscapes or turf with potable water. • An urban water supplier may submit for approval an alternative plan that includes allocation -based rate structures that achieve a level of conservation superior to limitations on outdoor irrigation of two days per week. • Urban water suppliers that do not have a water shortage contingency plan must within 30 days, limit outdoor irrigation to no more than two days per week or implement another mandatory conservation measure intended to achieve a comparable reduction. • Each urban water supplier shall prepare and submit to the Board by the 15th day of each month, a monitoring report on forms provided by the Board. The Water Conservation and Supply Level Regulations of the City's Municipal code section 14.16.040 comply with the State's requirements for prohibited activities. The first stage of the city's water shortage contingency plan is a "Level One" mandatory water conservation requirement (section 14.16.060 of the municipal code). In an effort to comply with the State regulations to reduce water consumption and provide adequate supplies into the future, staff recommends that the City Council issue a Resolution of Intent to declare a Level One water supply shortage in accordance with section 14.16.050 (Procedure for Declaration of Water Supply Shortage). The Level One conservation requirements provide that no customer may use more water in any billing period than between 90% and 100% of the base amount, which is set by City Council. Staff recommends the percentage of reduction for all customers be set at 100% of the base amount. The base amount is a three -year moving average of the customer's usage during that same billing period, and takes into consideration how a wetter year may have resulted in less outdoor use (and vice - versa). For example, water used in July and August of 2014 is an average of water used in July and August of 2014, 2013, and 2012. This information is provided on the customer's municipal services bill. For those customers who do not have three years of data, then the base amount will be the estimate of water usage for a similar premises or user. Our analysis shows that if every user used the three -year 100% average of the base amount (in effect a cutback from use in 2014), we would achieve the required level of conservation. Should the City Council declare the existence of a Level One water supply shortage, the following requirements would apply (as a reminder, the below is existing law in the municipal code): A. No customer shall use potable water to irrigate any lawn, landscape or other vegetated area except on the scheduled irrigation days established for each customer by the Utilities Director. During a Level One water supply shortage, the schedule established by the Utilities Director shall specify for each customer (a) four irrigation days per week during the months of April, May, June, July, August, September, and October, and (b) two irrigation days per week during the months of November, December, January, February, and March. Prior to the foregoing restriction becoming effective, the Utilities Director shall have notified 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. 2. Irrigation of food crops (including fruit trees and vegetable gardens). 3. Short periods of irrigation for the exclusive purpose of adjusting or repairing an irrigation system. B. No customer shall use more water during any billing period than the percentage of the base amount established in the resolution declaring the Level One Water Supply Shortage, which percentage shall be in the range from one hundred (100) percent and ninety (90) percent of the base amount. C. 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 seventy -two (72) hours after receiving notice of the condition from the City. D. No customer may use potable water to fill or refill an ornamental lake, pond, or fountain more than once per 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 initial declaration of a then - continuing water supply shortage. E. No customer may use potable water to fill or refill by more than one foot a residential swimming pool or outdoor spa more than once a week. Next Steps After the adopting the Resolution of Intent to declare a Level One water supply shortage, City Council would conduct a public hearing on September 9, 2014 to hear public comment and considering declaring a Level One water shortage. If so declared, mandatory conservation requirements would go into effect ten (10) days following the declaration and will remain in full force until the resolution is repealed or replaced by other conservation requirements. 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: Description Attachment A: Resolution of Intent to Declare a Level One Water Shortaoe ATTACHMENT A RESOLUTION NO. 2014-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH NOTICING ITS INTENTION TO DECLARE A LEVEL ONE 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 Water 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 State Water Resource Control Board ('Board ") adopted an emergency regulation for statewide urban water conservation (Resolution No.2014 -0038) and requires water agencies to comply. Water code section 1058.5 grants the Board the authority to adopt emergency regulations in certain drought years; and WHEREAS, following the driest year in State recorded history, the City of Newport Beach recognizes the need to increase water conservation efforts in the City; 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 issue a notice of intent to declare a water supply shortage and implement Level One Mandatory Water Conservation Requirements to reduce water use and comply with state regulations 1 requiring mandatory restriction on outdoor irrigation of ornamental landscape or turf with potable water. NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach that: 1. Pursuant to Section 14.16.050 of the Municipal Code, the City Council declares its intent to declare a Level One water supply shortage. 2. A public hearing will be held on September 9, 2014, in order for the public to appear before City Council and be heard on whether a resolution declaring the Level One water supply shortage should be adopted. 3. If following the public hearing, the City Council adopts a resolution declaring a Level One water supply shortage as set forth in NMBC Chapter 14.16.060, 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 except on the scheduled irrigation days established for each customer by the City. During a Level One water supply shortage, the schedule shall specify for each customer four irrigation days per week from April through October, and two irrigation days per week from November through March. Prior to the restriction becoming effective, the City shall notify the customer of the scheduled irrigation days by mail. B. No customer shall use more water during any billing period greater than 100 percent of the customers Base Amount. "Base Amount" shall be the three -year moving average for customers for which the City's water billing history is more than three years. For customers for which the City's water billing history is less than three years, the base amount shall be the estimate of the water usage per billing period of similar premises and users. For any particular billing period, the base amount shall be as indicated on the customer's municipal services statement for the prior billing cycle. Notwithstanding the foregoing, in calculating the base 2 amount, the base amount shall exclude any billing periods during which water consumption restrictions were in effect. C. No person shall permit excessive use, loss or escape of water trough breaks, leaks, or other malfunctions in the user's plumbing or distribution system for more than seventy -two (72) hours after receiving notice of the condition from the City. D. No customer may use potable water to fill or refill an ornamental lake, pond, or fountain more than once per 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 initial declaration of then - continuing water supply shortage. E. No customer may use potable water to fill or refill by more than one foot a residential swimming pool or outdoor spa more than once a week. 4. This Resolution of Intention shall be published in the City's official newspaper within 15 days of its adoption and at least 10 days prior to September 9, 2014. ATTEST: Leilani Brown, CITY CLERK ADOPTED this 12th day of August, 2014. 3 Rush N. Hill, II MAYOR