Loading...
HomeMy WebLinkAbout19 - Resolution for Level 3 Water Supply ShortageCTY OF F NEWPORT BEACH City Council Staff Report May 12, 2015 Agenda Item No. 19 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 Declare a Level Three Water Supply Shortage ABSTRACT: On Sept 9, 2014, the City Council adopted Resolution No. 2015 -_, A Resolution of the City Council of the City of Newport Beach Noticing its Intention to Declare a Level One Water Supply Shortage. A Level One includes regulations that no customer should exceed 100% of the "base amount' (3 -year running average) and limit outdoor irrigation to 4 days a week April through October and two days a week from November through March. On April 1, 2015, Governor Brown signed an executive order directing the State Water Resources Control Board ('Board ") to impose water use restrictions to achieve a statewide 25% reduction in urban water use though February 2016. On April 28, 2015 the Board released a draft regulation that will tentatively go into effect on May 15. According to the draft, the City of Newport Beach will be required to cut 28% of its residential usage through February 2016 compared to the same months in 2013. In order to meet these regulations, Staff recommends that Council adopt a Level Three Water Supply Shortage by resolution which includes regulations that no customer should exceed 75% of the "base amount' (3 -year running average), and limit outdoor irrigation to 2 days a week April through October and 1 day per week from November through March. RECOMMENDATION: a) Adopt Resolution No. 2015 -34, A Resolution of the City Council of the City of Newport Beach Noticing its Intention to Declare a Level Three Water Supply Shortage, and conduct a public hearing on May 26, 2015, per Section 14.16 of the Newport Beach Municipal Code; and b) Direct the City Clerk to publish Resolution No. 2015 -34 fifteen (15) days within its adoption and at least ten (10) days before the public hearing on May 26, 2015. 19 -1 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., issued a proclamation declaring a drought state of emergency. On April 25, 2014, Governor Brown issued an executive order to redouble efforts to conserve water. On July 15, 2014, the Board adopted emergency water conservation regulations adding new sections to Title 23 of the California Code of Regulations. On August 11, 2014, City staff brought a resolution of intent to declare a Level One water supply shortage to the City Council. At that time Council approved the action and moved the item to September 9, 2014 for public hearing and adoption. The action was approved and 10 days after the adoption the regulations went into effect. On March 17, 2015, the Board amended and readopted the emergency regulations of July 15, 2014. The emergency regulations became effective on July 28, 2014 after approval from the Office of Administrative Law. In response to the Board's latest emergency regulations staff seeks amendments to NBMC 14.16 to ensure compliance with the Board's regulations. On April 1, 2015, Governor Brown signed an executive order directing the Board to impose water use restrictions to achieve a statewide 25% reduction in urban water use though February 2016. On April 28, 2015 the Board released a draft regulation that will tentatively go into effect on May 15. According to the draft, the City of Newport Beach will be required to cut 28% of its residential usage through February 2016 compared to the same months in 2013. In an effort to comply with these upcoming regulations, staff recommends City Council issue a Resolution of Intent declaring a Level Three water supply shortage in accordance with section 14.16.050 (Procedure for Declaration of Water Supply Shortage). Level Three Water Supply Shortage The "Level Three" water supply shortage includes an adjustable range to set the "base amount" target from 60% to 75 %. Staff recommends this be set at 75 %. If customers reduced their water usage to 75% of their base amount (3 -year average) this would be a 25% reduction consistent with the City achieving the goal of 28 %. The remaining 3% may be achieved by other city efforts to reduce overall city usage such as not watering center medians. The base amount is a three -year moving average of the customer's usage during that same billing period. For example: Water used in March and April of 2015 is compared to water used in March and April 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. We understand that many customers have implemented water conservation measures and reduced as much as possible or find it difficult to reduce more because they don't have any outdoor irrigation. Staff does analyze the data on a case -by -case before recommending enforcement. Additionally, there is an opportunity for customers to submit a request for relief from compliance for special circumstances at www.newoortbeachca.gov/water. Should the City Council declare the existence of a Level Three water supply shortage, the following requirements would 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 Standard Time on any day, except by use of a hand -held 19 -2 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 Three water supply shortage, the schedule established by City Council resolution shall specify for each customer: (a) two (2) irrigation days per week during the months of April, May, June, July, August, September, and October; and (b) one (1) 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 each customer's scheduled irrigation day /days by mail, via the 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 or hand -held hose equipped with 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 (2) gallons of water per hour. 2. Irrigation of food crops (including fruit trees and vegetable gardens), provided that such irrigation does not exceed three (3) days 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 than 75% of the base amount. 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 twenty -four (24) hours after receiving notice 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. No customer may use potable water to fill or refill by more than three (3") inches a residential swimming pool or outdoor spa more than once a week. 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 19 -3 ATTACHMENT A RESOLUTION NO. 2015 -_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH NOTICING ITS INTENTION TO DECLARE A LEVEL THREE 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, 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 -00) to conserve water usage to 100% of Base Amount and limit outdoor irrigation. 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 State Water Resource Control Board shall impose restrictions to achieve a statewide 25% reduction in potable urban water usage through February 28, 2016; and WHEREAS, following the direction of the State Water Resource Control Board, and other local Cities, the City of Newport Beach finds it needs to increase its conservation efforts to meet these goals. 1 19 -4 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 Three 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: 1. Pursuant to Section 14.16.050 of the Municipal Code, the City Council declares its intent to declare a Level Three water supply shortage. 2. A public hearing will be held on May 26, 2015, in order for the public to appear before City Council and be heard on whether a resolution declaring the Level Three water supply shortage should be adopted. 3. If following the public hearing, the City Council adopts a resolution declaring a Level Three 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 between the hours of 9:00 a.m. and 5:00 p.m. Pacific Standard 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 2 19 -5 vegetated area except on the scheduled irrigation days established by City Council resolution. During a Level Three water supply shortage, the schedule established by City Council resolution shall specify for each customer (a) two (2) irrigation days per week during the months of April, May, June, July, August, September, and October and (b) one (1) 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 or hand -held hose equipped with 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 (2) gallons of water per hour. 2. Irrigation of food crops (including fruit trees and vegetable gardens), provided that such irrigation does not exceed three (3) days 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 than 75% of the base amount. 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 twenty -four (24) hours after receiving notice 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 3 19 -6 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. No customer may use potable water to fill or refill by more than three inches 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 May 26, 2015. ATTEST: Leilani Brown, CITY CLERK ADOPTED this 12th day of May 2015. 19 Edward D. Selich IUffie' 19 -7