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HomeMy WebLinkAbout21 - Conduct a Public Hearing and Adopt Resolution for Level Three Water Supply ShortageCITY OF NEWPORT BEACH - City Council Staff Report June 9, 2015 Agenda Item No. 21 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: Conduct a Public Hearing and Adopt Resolution for Level Three Water Supply Shortage ABSTRACT: On May 12, 2015, City Council adopted 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 per Section 14.16 of the Newport Beach Municipal Code. Per Resolution No. 2015 -34, a public hearing was set for May 26, 2015. Due to amendments to the City's water conservation ordinance, staff requested that the public hearing and adoption be moved to the June 9 City Council Meeting. RECOMMENDATION: a) Conduct a public hearing allowing the public to be heard on whether the Resolution declaring a Level Three water supply shortage should be adopted; b) Adopt Resolution No. 2015 -51, A Resolution of the City Council of the City of Newport Beach, California, Declaring a Level Three Water Supply Shortage, setting customer usage to 75% of Base Amount (from 2013's levels) (Staff Report Attachment A); and c) Direct the City Clerk to publish Resolution No. 2015 -51 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., issued a proclamation declaring a drought state of emergency. On April 25, 2014, Governor Brown issued an executive order to redouble efforts to conserve 21 -1 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 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. Please note that to get this additional 3% citywide reduction, municipal usage at city parks, buildings, and other landscaped areas will have to be reduced by much more than 3% - possibly upwards of 25 -50 %. The base amount is the customer's usage during the same billing period in 2013. For Customers occupying premises for which the City's water billing history does not include the same billing period in 2013, the Base amount shall be the estimate of the water usage per billing period of similar premises and users. 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 basis before recommending enforcement. Additionally, there is an opportunity for customers to submit a request for relief from compliance for special circumstances at www.newportbeachca.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 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 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 21 -2 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. Customers may use no more than three inches of potable water per week to fill or refill a residential swimming pool or outdoor spa. Water Days The Level Three Mandatory Water Conservation Requirements set the irrigation days to two days per week (April through October) and one day a week (November through March). Using the same meter reading routes as used for the Level One Mandatory Water Conservation Requirements, the city will be divided into two 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. Each customer will be notified of their group and watering day prior to the enforcement of this restriction. Customers will be able to find out their water days by either calling the City and /or accessing the City's website. The tentative watering schedule is: Groups 1 & 3 - Wednesday and Sunday from April through October; and Wednesday from November through March Groups 2 & 4 - Tuesday and Saturday from April through October; and Tuesday 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. 21 -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.newportbeachca.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 will be investigated by the City's Code Enforcement staff. For the Level Three Mandatory Restrictions, 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 the Level One 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 any citations issued. 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. The City has a process for customers to request relief from compliance pursuant to NBMC Section 14.16.110. Forms are available on the City's web site (httt): / /www.newi)ortbeachca.00v /water) and may also be provided upon request. Next Steps Should the City Council adopt the resolution declaring a Level Three water supply shortage, mandatory conservation requirements would go into effect July 1, 2015, 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 21 -4 ATTACHMENT A RESOLUTION NO. 2015 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING 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 21 -5 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 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. WHEREAS, on May 12, 2015, 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 Three Water Supply Shortage, and to conduct a public hearing on May 26, 2015, to declare a Level Three water supply shortage per Section 14.16 of the Municipal Code. On May 26, 2015, the City Council continued the public hearing to June 9, 2015. 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 Level Three Water Supply Shortage enacts NBMC Section 14.16.080 "Level Three Mandatory Water Conservation Requirements ", 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 2 21 -6 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 restriction becoming effective, the City shall notify the customer of the scheduled irrigation days by mail. C. No customer shall use more water during any billing period than the 75% of the base amount established in the resolution declaring the Level Three water shortage. "Base amount" means a base amount of water usage per Billing period to be determined for each customer. For any particular Billing period, the base amount shall be as indicated on the Customer's municipal services statement for the prior Billing period. For Customers occupying premises for which the City's water billing history includes 2013, the Base amount shall be the amount of water used during the same billing period in 2013. For Customers occupying premises for which the City's water billing history does not include the same billing period in 2013, the Base amount shall be the estimate of 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 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. 3 21 -7 F. Customers may use no more than three inches of potable water per week to fill or refill a residential swimming pool or outdoor spa. 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 Brown, CITY CLERK ADOPTED this gth day of June 2015. 91 Edward D. Selich MAYOR