HomeMy WebLinkAbout21 - Conduct a Public Hearing and Adopt Resolution for Level Three Water Supply Shortage - Public Hearing NoticeRESOLUTION NO. 2015-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH, CALIFORNIA, 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. 2014-79) 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
1 of 7
Resolution No. 2015-51
Page 2 of 5
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.
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; and
WHEREAS, during a Level Three water supply shortage, a schedule shall
specify for each customer two irrigation days from April and October, and one irrigation
day per week from November to March; and
WHEREAS, on May 12, 2015, the 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, 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 a
Level Three water supply shortage.
2 of 7
Resolution No. 2015-51
Page 3 of 5
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
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
3 of 7
Resolution No. 2015-51
Page 4 of 5
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.
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 Council hereby establishes an irrigation schedule depicted in the
attached Exhibit A and based on meter reading groups as follows:
Group 1: Meter routes 005 through 125, BIG and BBL
April -October (2 days): Wednesday and Sunday
November — March (1 day): Wednesday
Group 2: Meter routes 130 through 295
April -October (2 days): Tuesday and Saturday
November — March (1 day): Tuesday
Group 3: Meter routes 300 through 470
April -October (2 days): Wednesday and Sunday
November — March (1 day): Wednesday
Group 4 Meter routes 475 through 585
April -October (2 days): Tuesday and Saturday
November — March (1 day): Tuesday
4of7
Resolution No. 2015-51
Page 5 of 5
4. 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.
5. 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.
6. 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 June 2015.
ATTEST:
Leilani I. Brown ,
City Clerk
5 of 7
CQ) PL'A A
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Edward D. Selich
Mayor
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40
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH F
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. 2015-51 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 91h day of June, 2015, and that the same
was so passed and adopted by the following vote, to wit:
AYES: Council Member Peotter, Council Member Curry, Council Member Duffield,
Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich
NAYS: None
ABSENT: Council Member Petros
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 10th day of June, 2015.
7 of 7
a&v; °'V�(
City Clerk
Newport Beach, California
(Seal)
L'11-1 FON't:
RESOLUTION NO. 2015-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH, CALIFORNIA, 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. 2014-79) 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.
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; and
WHEREAS, during a Level Three water supply shortage, a schedule shall
specify for each customer two irrigation days from April and October, and one irrigation
day per week from November to March; and
WHEREAS, on May 12, 2015, the 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, 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 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
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.
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 Council hereby establishes an irrigation schedule depicted in the
attached Exhibit A and based on meter reading groups as follows:
Group 1: Meter routes 005 through 125, BIG and BBL
April -October (2 days): Wednesday and Sunday
November —March (1 day): Wednesday
Group 2: Meter routes 130 through 295
April -October (2 days): Tuesday and Saturday
November — March (1 day): Tuesday
Group 3: Meter routes 300 through 470
April -October (2 days): Wednesday and Sunday
November — March (1 day): Wednesday
Group 4 Meter routes 475 through 585
April -October (2 days): Tuesday and Saturday
November — March (1 day): Tuesday
4. 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.
5. 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.
6. 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 June 2015.
/s/ Edward D. Selich
Mayor
ATTEST:
/s/ Leilani I. Brown
City Clerk
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ME DIA G
R 0 U P
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 lune 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):
Jun 13, 2015
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, Illinoi
on this ,- day of 204.
'I C'� D I
s' na ure
435 N. Michigan Ave.
Chicago, IL 60611
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RESOLUTION NO.2018.51
A RESOLUTION OF FHB CITY COUNCILOF THE CRY OF NEWPORT SEACH, CALIFOR?Uk
DECLARING LEVEL THREE WATER SUPPLY SHORTAGE
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