HomeMy WebLinkAbout2014-79 - Declaring a Level One Water Supply ShortageRESOLUTION NO. 2014 -79
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 -38) 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.
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
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).
ATTEST:
Leilani I. Brown,
City Clerk
ADOPTED this 9th day of September, 2014.
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 -79 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 9th day of September, 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
Nays: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 10th day of September, 2014.
l
-iv� City Clerk
Newport Beach, California
(Seal)
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