HomeMy WebLinkAbout17 - Level One Water Supply ShortageCITY OF
,= NEWPORT BEACH
n` City Council Staff Report
September 09, 2014
Agenda Item No. 17.
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: George Murdoch
PHONE: (949) 644-3011
TITLE: Resolution Declaring a Level One Water Supply Shortage
ABSTRACT:
On July 15, 2014, the State Water Resource Control Board approved emergency regulations to increase
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.
On August 12, 2014 City Council adopted 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.
RECOMMENDATION:
a) Conduct a public hearing allowing the public to be heard on whether the resolution declaring a Level
One water supply shortage should be adopted, and, if so:
b) Adopt Resolution No. 2014-79, A Resolution of the City Council of the City of Newport Beach Declaring
a Level One Water Supply Shortage (Attachment A), setting customer usage to 100% of Base Amount
(three-year moving average); and
c) Direct the City Clerk to publish Resolution No. 2014-79 within (10) ten days of adoption of resolution.
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
17-1
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 action prohibited is subject to fines 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.
Newport Beach Municipal Code (NBMC) Section 14.16.040 "Permanent Mandatory Water Conservation
Requirements" addresses the State's requirements for prohibited activities. The first stage of the City's
water shortage contingency plan is a "Level One water supply shortage" (NBMC Section 14.16.060) "Level
One Mandatory Water Conservation Requirements".
To comply with State regulations to reduce water consumption and provide adequate supplies into the
future, City Council adopted Resolution 2014-73 noticing its intention to declare a Level One water supply
shortage, and to conduct a public hearing on September 9, 2014.
The Level One conservation requirements provide that no customer may use more water in any billing
period than between 90% to 100% of the base amount, which is set by City Council. Staff recommends the
percentage 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. For example: Water used in July and
August of 2014 is compared to the average of water used in July and August of 2013, 2012, and 2011. This
information is provided on the customer's municipal services statement. 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.
Staffs analysis shows that if every user used the three-year 100% average of the base amount (in effect a
cutback from use in 2014); the City would achieve the required level of conservation. While this may be
counter -intuitive on its face, the current drought and warm weather has led to greater water use in 2014 -
likely for outdoor irrigation. Going back to the average of the last three years, when it was not as dry as
today, achieves the appropriate cut in water use.
Should the City Council declare the existence of a Level One water supply shortage, the following
requirements would apply.
17-2
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 will notify
customers of the scheduled irrigation days by mail, which may be done by an indication on the customer's
municipal services statement. The following are exempt from this restriction unless recycled water is
available for 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.
Watering Days
The Level One Mandatory Water Conservation Requirements set the irrigation days to four days per week
(April through October) and two days a week (November through March). Due to heavy system demand if
everyone watered on the same day, watering days will be divided up into areas. Using the meter reading
routes, the city can be divided into groups. Groups 1 &3 cover the South West and North East parts of the
city and groups 3&4 cover South East and North West parts of the city (Attachment B). Each customer will
be notified of their group and watering day prior to the enforcement of this restriction.
The tentative watering schedule is:
• Groups 10 — Monday, Wednesday, Friday, and Sunday from April through October and Wednesday,
Sunday from November through March
• Groups 2&4 — Tuesday, Thursday, Saturday, and Sunday from April through October and Tuesday,
Saturday from November through March
Enforcement
A Water Conservation Outreach Group made up of representatives from departments such as Municipal
Operations, Community Development, Public Works, Public Information, City Attorney's office, Revenue,
Information Technology and the City Manager's office has been established. The Group meets regularly to
confer on the implementation of the regulations and conservation efforts as well as application of the
exemptions to the regulations (NBMC Section 14.16.100) such as water used to protect public health,
essential services (Police, Fire, and emergencies), public pools, and water used for sanitation purposes.
17-3
Other exemptions are hospitals, medical care facilities and businesses whose trade is cultivating plants.
The first step in implementing water conservation regulations is education. City staff has created a
web page at www.newi)ortbeachca.gov/water and water conservation hotline (949 644-3388) for
information and updates. Staff will be sending out notification letters to all customers informing them of the
new regulations and information about conservation and incentives. Staff will use social media as another
means to keep customers informed.
For violations of the permanent restrictions, to the maximum extent practicable, individuals will be notified
prior to any administrative violations being given and each case is investigated by the City's Code
Enforcement staff.
For the Level One Mandatory Restrictions, including watering days and water use above the baseline, Staff
is developing a notification card to be sent to each customer identifying the watering days and a web site
where customers can enter their address to find specific restrictions on water use (similar to refuse
container rollout). In addition to current water use and baseline average that is currently displayed on the
Municipal Services Statement, information will be provided regarding watering days. Staff has created a
data base that can identify users above the baseline. Each customer's water use will be reviewed prior to
warnings issued by phone or door hanger.
In the event there is non-compliance the regulations can be enforced with a first, second and third
occurrence fine of $100, $200, and $500 respectively (NBMC Section 1.05.020). This process involves a
notice of violation (NOV) prior to an administrative citation.
City staff is also implementing a process for customers to request relief from compliance pursuant to
NBMC Section 14.16.110. This process recognizes that water consumption can increase or decrease
because of factors unrelated to wasteful water use practice and provides customers with an ability to
request relief based on specified factors. For example, a previous aggressive effort by a family to
significantly restrict water use in previous years should be respected with relief from further reduction at
this time. Forms will be available on the City's web site and also provided upon request.
Next Steps
Should the City Council adopt the resolution declaring a Level One water supply shortage, mandatory
conservation requirements would go into effect following the adoption of a resolution and will remain in full
force and effect until the resolution is repealed or until new mandatory conservation requirements become
effective. The City Clerk will publish the adopted resolution within 10 days in a newspaper of general
circulation within the City as required by California Water Code Section 376.
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 Declaring Water Supply Shortage
Attachment B - Watering Restrictions Map
17-4
ATTACHMENT A
RESOLUTION NO. 2014-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH
DECLARING 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 (NBMC) 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, NBMC 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 "Level
One Water Supply Shortage" to reduce water use and comply with state regulations
requiring mandatory restriction on outdoor irrigation of ornamental landscape or turf with
potable water.
1
17-5
WHEREAS, on August 12, 2014, the City Council adopted 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. Resolution No. 2014-73 was published within 15 days of its
adoption in a newspaper of general circulation in the City.
NOW, THEREFORE, be it resolved by the City Council of the City of Newport
Beach that:
1. Pursuant to NBMC Section 14.16.050, the City Council declares a Level One
Water Supply Shortage.
2. A Level One Water Supply Shortage enacts NBMC Section 14.16.060 "Level
One Mandatory Water Conservation Requirements". 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
17-6
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.
3. The City Clerk is hereby directed to publish this Resolution within 10 days
following its adoption in a newspaper of general circulation in the City.
4. The mandatory conservation requirements set forth in this Resolution shall
become effective upon the adoption of this Resolution and shall remain in full
force and effect until this Resolution is repealed or until new mandatory
conservation requirements become effective.
5. During the existence of a water supply shortage, the Utilities Director shall
provide periodic reports to the City Council regarding compliance with the
Newport Beach Municipal Code Section 14.16.050(C).
ADOPTED this 9th day of September, 2014.
Rush N. Hill, II
MAYOR
3
17-7
ATTEST:
Leilani Brown,
ISINVAGINAZIN
17-8
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Watering Restriction Days Groups l and3
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o� Watering Days: Monday, Wednesday, Friday and Sunday**
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A NEWPORT �' �_ Watering Days: Tuesday, Thursday, Saturday and Sunday**
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/v G Watering Days: Tuesday and Saturday**
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NOTICE OF PUBLIC HEARING
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
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
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:
n
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 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.
ADOPTED this 12�' day of August, 2014.
Rush N. Hill, II
Mayor
ATTEST:
c U��
Leilani I. Brown
City Clerk
�AFN&
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
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. 2014-73 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 August , 2014, and that the
same was so passed and adopted by the following vote, to wit:
Ayes: Council Member Gardner, Council Member Petros, Council Member Curry,
Council Member Henn, Council Member Daigle, Mayor Pro Tem Selich,
Mayor Hill
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 13th day of August, 2014.
all
'M�
City Clerk
Newport Beach, California
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ity Council Staff w o`.'
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: Rachel] 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
23
key components of the new regulations:
• To promote water conservation, each of the following actions is prohibited, except where necessary t11
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
24
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 Shortage
25
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
26
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
27
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
28
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w Aundes Times
Sold To:
City Of Newport Beach -Public Works Ke CUO0066380 +'
100 Civic Center Drive, Bay D, 2nd Floor -
Newport Beach,CA 92660
Bill To:
City Of Newport Beach -Public Works (Key) - C000066380
100 Civic Center Drive, Bay D, 2nd Floor
Newport Beach,CA 92660
RE50LUT40N NO.2714-73
A RESOLUTION OF TETE. CITY COUNCIL OF THE CITY
OF NEWPORT BEACH NOTICING ITS INTENTION TO
DECLARE A LEVEL ONE WATER SUPPLY SHORTAGE
WHEAEAS. 0a,tamv+ ; . 2614,fGier3zcgIt,*4
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2607558 - Daily Pilot
Los Angetes Times
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF ILLINOIS
County of Cook
I am a citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not
a party to or interested in the action for
which the attached notice was published.
I am a principal clerk of The Newport
Harbor News Press Combined With Daily Pilot,
which was adjudged a newspaper of general
circulation on June 19, 1952, Cases - A24831 for
the City of Newport Beach, County of Orange,
and State of California. Attached to this
Affidavit is a true and complete copy as was
printed and published on the following
date(s):
Aug 16, 2014
I certify (or declare) under penalty of perjury
under the laws of the State of California that the foregoing is true and correct.
Dated at Chicago, Illinois
on this L_b_day of A 1& 20
[signature]
435 N. Michigan Ave.
Chicago, IL 60611
2607558 - Daily Pilot
Eos Anneles Times
E D I A G RO UP RF
I =� SEP 23 AM 7` 44
OFFICE OF
Sold To: THE Qty CLERK
PiT
City of Newport Beach (Parent) - CU00072031 t,7�a
100 Civic Center Dr
Newport Beach,CA 92660
Bill To:
City of Newport Beach (Parent) - CUOOO72O31
100 Civic Center Dr
Newport Beach,CA 92660
RESOLUTION NO. 2614-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH
OeCLARENGA LEVEL ONE WATER SUPPLYSHORTAGE
WHERFAS, 04 kuwmxy i7, 24I4, fsaaoarirg Wait dry w ¢tr'xaflg dry yars in Cahlorm, Stag Gmm
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m valmle state,#c>s ttatsinln,The5ixt a Order MWe5 tat fiteftV Bawd l$actarbe. scat-:
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WHEREAS. iib, City �g li m m Beono Nmitipai Cade PMAO Owts IM atublhhts waren
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WHEREAS, ia'tbKisf3hn'd.tb.@�3t»erasah'P Mar"re�tic�asftva:vesihythn8aarxi: and
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NOW, THEREFORE, brat resel"dbytheCgCowratotlb? Cay dfievr{ooftS adstnav
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2. A lsuel (Act WAtw Supply iiroxRge R8K Setim t4, &OW "iadtt Oft
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en.wite V ;m mater Woe per tw6ng perw, of umft p:'emd" acd
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emcar<, Cre Gee ardmenY shai€ tsr#odt arty to?mg periods durmg,4hrds
watt,crotusn*A€aettstrKzialw vssietn a!R?ct,
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leaks, oiatfe, aw0wiiars us the niter's pli mh+ng or dtsvobuaeo sptem
irm mire sawesrytmm € 4 meets attar manniq new of Ine
earaimonkmrteCty.
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+arca€+ caftan- Or Pr -WA, Nwt tads Mm,* wsae being VVPk$
Iow"ged wolior the trate, iaaium at its nano of one. %"I,. Wa1ai
derlatavas,41ttmn-i4n4 °i. 1r>�-at-iupply51omgoh
E No ramerasap araPotable msm oo-d o, am by moat tlam one foga
IEttE IHiI354imintMgtRMtRldmEd sgamodetitanarmeea ff&
3. The City Gert sa N alty daegpd m p4woh tt at Reww :vdlun 14 days faltwaim
itsadoprtmt na oeeaspaper of genera: wutaum irthe Goy,
4, itw matriatm emsem loom mgikerrtwts' atfartA m tM lies.10M dwil bmme
offwbvt upeC>i±d adrrptron rid ttaaR4sWunm+and tfiail eernaie h+ft>i€ rid.dardl Often
LTa thio k-dLaian is rgezr'ed or sari now mandatory monsenatim sc�nbpmer3s
ref" e$em e.
S. Ormng tw milemee of a want aatiltly sbmtage, tate Uidaks Director stall piowde
pmodit aspens to the My Coentd regarding mmpbaxe wnh the t .part lMath
taurntocodesecian €k KOS%l
AANTfOthartloyd€S pi;amblo,:614.
'S imi ti, m, ir,
VA at
ATt£5it
2677071 - Daily Pilot
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF ILLINOIS
County of Cook
I am a citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not
a party to or interested in the action for
which the attached notice was published.
I am a principal clerk of The Newport
Harbor News Press Combined With Daily Pilot,
which was adjudged a newspaper of general
circulation on June 19, 1952, Cases - A24831 for
the City of Newport Beach, County of Orange,
and State of California. Attached to this
Affidavit is a true and complete copy as was
printed and published on the following
date(s):
Sep 13, 2014
I certify (or declare) under penalty of perjury
under the laws of the State of California that the foregoing is true and correct.
Dated at Chicago, Illinois tt
on this day of 201q .
[signature]
435 N. Michigan Ave.
Chicago, IL 60611
2677071- Daily Pilot