HomeMy WebLinkAbout07 - Resolution of Intention to Declare a Level Two Water Supply Shortage/Water Conservation GoalsTO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
June 28, 2016
Agenda Item No. 7
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
George Murdoch, Municipal Operations Director - 949-644-3011,
gmurdoch@newportbeachca.gov
PREPARED BY: Cynthia Owens, Administrative Manager,
cowens(@_newportbeachca.gov
PHONE: 949-644-3057
TITLE: Resolution of Intention to Declare a Level Two Water Supply
Shortage/Water Conservation Goals
ABSTRACT:
Due to improved water conditions in northern California, Governor Brown issued
Executive Order B-37-16 on May 9, 2016 calling on the State Water Resources Control
Board (State Board) to adjust emergency water conservation regulations through the
end of January 2017 in recognition of differing water supply conditions across the state.
On May 18, 2016 the State Board adopted a statewide water conservation approach
that mandates urban water suppliers ensure they have a three-year supply of water,
assuming three more dry years occur.
Given the new regulations, and the threat of a continued drought, staff is recommending
City Council declare a Level Two water supply shortage and implement Level Two
mandatory water conservation requirements as listed in City Municipal Code 14.16.070.
RECOMMENDATION:
a) Determine that the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because it will not result in a physical change to the environment, directly or
indirectly;
b) Adopt Resolution No. 2016-85, A Resolution of the City Council of the City of
Newport Beach, California, Noticing Its Intention to Declare a Level Two Water
Supply Shortage, and setting customer usage to 85 percent of their 2013 usage for
the same billing cycle or of a similar property and use if no billing data is available;
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Resolution of Intention to Declare a Level Two Water Supply Shortage/
Water Conservation Goals
June 28, 2016
Page 2
c) Direct the City Clerk to publish Resolution No. 2016-85 within (15) fifteen days of
adoption of the Resolution; and
d) Set the date of July 12, 2016 for a public hearing.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
Background
On January 17, 2014, Governor Edmund G. Brown, Jr. declared a State of Emergency
and directed state officials to take all necessary actions to address drought conditions.
The proclamation gave state water officials more flexibility to manage water supply
throughout California due to the drought. Since then, there have been numerous actions
taken by both the state and by City Council (Attachment B) which resulted in the
declaration of a Level Three water supply shortage by City Council on June 9, 2015.
The resolution implemented the following water restrictions:
o No irrigation between 9 a.m. and 5 p.m.
o No water use greater than 75% of the water used in the same billing
period as 2013.
o Outside irrigation of landscape restricted to two days a week from April
through October and one day a week from November through March.
o Leaks must be corrected within 24 hours once notified by the City.
o Swimming pools can be filled no more than 3 inches per week.
o No outdoor irrigation of landscape within 48 hours of rainfall.
On May 9, 2016, Governor Brown issued an Executive Order B-37-16 calling on the
State Board to adjust emergency water conservation regulations through the end of
January 2017 in recognition of differing water supply conditions across the state.
On May 18, 2016, the State Board adopted a statewide water conservation approach
that mandates urban water suppliers ensure they have a three-year supply of water
assuming three more dry years occur. Water agencies that would face a shortage under
this scenario would be required to meet a conservation standard equal to the amount of
the shortage. State Water Board Chair, Felicia Marcus, has stated that "Drought
conditions are far from over, but have improved enough that we can step back from our
unprecedented top-down target setting."
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Resolution of Intention to Declare a Level Two Water Supply Shortage/
Water Conservation Goals
June 28, 2016
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On June 14, 2016, staff provided an update to City Council on the new regulations
established by the State Board due to the improved conditions in Northern California.
The state has indicated that the drought is not over; however, they are allowing each
water agency to self -certify the amount of water they have available for their water
customers should the drought continue for three more years. In consideration of
improved conditions, continued emergency State regulations, and the threat of a
continued drought, City Council directed staff to return with a resolution to reduce water
conservation requirements from a Level Three to a Level Two.
This recommendation is in line with the Municipal Water District of Orange County's
resolution that calls for continued conservation measures.
The attached resolution contains the City's intention to declare a Level Two Water
Supply Shortage. If the resolution is adopted, the requirements would be as outlined
below.
Level Two Mandatory Water Conservation Requirements
The Level Two mandatory water conservation requirements as per City Municipal Code
Section 14.16.070 are summarized below:
1. No City water 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.
2. City water customers are required to reduce lawn and landscape irrigation to
scheduled irrigation days established for each customer by the City. The
schedule shall specify for each customer (a) three irrigation days per week during
the months of April, May, June, July, August, September, and October, and (b)
one irrigation day per week during the months of November, December, January,
February, and March.
Prior to these restrictions becoming effective the City shall notify each customer of the
scheduled irrigation days. Attachment C is the watering day schedule.
• The watering days for Groups 1 and 3 are Wednesday, Friday and Sunday, April
through October, and Sunday only from November to March
• The watering days for Groups 2 and 4 are Tuesday, Thursday and Saturday,
April through October, and Saturday only from November to March.
This restriction does not apply to the following unless the City has determined that
recycled water is available and may be lawfully applied to use:
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Resolution of Intention to Declare a Level Two Water Supply Shortage/
Water Conservation Goals
June 28, 2016
Page 4
a) 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.
b) Irrigation of food crops (including fruit trees and vegetable gardens).
c) Short period of irrigation for the exclusive purpose of adjusting or repairing
an irrigation system.
3. No customer shall use more water during any billing period greater than 85
percent of the customer's base amount. The base amount of water usage shall
be per billing period when compared to the same period in 2013. For customers
who do not have billing history, then the City shall estimate 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.
4. 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 forty-eight (48) hours after receiving notice of the condition from the City.
5. 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 initial declaration of then -
continuing water supply shortage.
6. No customer may use potable water to fill or refill by more than six inches a
residential swimming pool or outdoor spa more than once a week.
Next Steps
Should this item be approved, then the City Council will consider a resolution adopting a
Level Two Water Supply Shortage and conduct a public hearing at the regularly
scheduled City Council meeting on July 12, 2016. Residents and customers will have an
opportunity to provide comments to the Council at this hearing.
If a Level Two Water Supply Shortage is adopted at the July 12, 2016 meeting, the
Level Two Water Conservation Requirements will be in effect with the exception of the
watering days until the customers are notified. It is staff's intent to notify customers
immediately.
Staff will continue to provide reports to the City Council and State Board regarding
conservation efforts and usage on a monthly basis.
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Resolution of Intention to Declare a Level Two Water Supply Shortage/
Water Conservation Goals
June 28, 2016
Page 5
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:
Attachment A - Resolution
Attachment B - Timeline
Attachment C - Watering Day Map
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ATTACHMENT A
RESOLUTION NO. 2016-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, NOTICING ITS INTENTION
TO DECLARE A LEVEL TWO 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, State Governor Edmund G. Brown Jr. issued an
executive order calling on the State to redouble state drought actions. The Executive
Order provides that the State Water Resources Control Board ("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 Board adopted an emergency regulation for
statewide urban water conservation (Resolution No.2014-0038) and requires water
agencies to comply with water code section 1058.5 and 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, and
WHEREAS, On April 1, 2015, 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 Board shall impose restrictions to achieve a statewide 25%
reduction in potable urban water usage through February 28, 2016; and
WHEREAS, On May 5, 2015, the Board adopted Resolution No. 2015-0032 and
an Emergency Regulation to address specific provisions of Executive Order B-29-2015
that included a mandatory 25 percent statewide reduction in potable urban water use
between June 2015 and February 2016. To implement the Executive Order, the
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Emergency Regulation placed each urban water supplier in a conservation tier, ranging
between 8 and 36 percent, based on residential per capita water use for the months of
July — September 2014. Resolution No. 2015-0032 also directed staff to work with
stakeholders to further develop and consider a range of factors that contribute to water
use, including but not limited to climate, growth, investment in local, drought resilient
supplies, and others for adjustment to the current emergency regulation should it need
to be extended into 2016; and
WHEREAS, On June 9, 2015, the Newport Beach City Council adopted a
Resolution, A Resolution of the City Council of the City of Newport Beach Declaring a
Level Three Water Supply Shortage (Resolution 2015-51), setting customer usage to
75% of their 2013 water use when compared to the same billing cycle; and
WHEREAS, On November 13, 2015, State Governor Edmund G. Brown Jr.
issued Executive Order B-36-15 calling for an extension of urban water use restrictions
until October 31, 2016, should drought conditions persist through January 2016. This
Executive Order also directs the Board to consider modifying the restrictions to
incorporate insights gained from the existing restrictions; and
WHEREAS, On February 2, 2016, the Board adopted Resolution No. 2016-0007
and a revised, extended Emergency Regulation to address specific provisions of
Executive Order B-36-15. The Emergency Regulation established adjustments to
reduce the conservation standards of urban water suppliers in consideration of the
differences in climate affecting different parts of the state, growth experienced by urban
areas, and significant investments that have been made by some suppliers towards
creating new, local, drought -resilient sources of potable water supply; and
WHEREAS, on May 9, 2016, State Governor Edmund G. Brown Jr. issued
Executive Order B-37-16 calling on the Board to adjust emergency water conservation
regulations through the end of January 2017 in recognition of differing water supply
conditions across the state; and
WHEREAS, On May 18, 2016, the Board adopted a statewide water
conservation approach that mandates urban water suppliers ensure they have a three-
year supply of water assuming three more dry years occur. Water agencies that would
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face a shortage under this scenario would be required to meet a conservation standard
equal to the amount of the shortage; and
WHEREAS, Statewide precipitation in 2016 has been variable. Northern
California received above-average rainfall, while much of southern California continued
to experience below-average rainfall and warm temperatures. February 2016 was
amongst the warmest and driest recorded for parts of southern California.
Consequently, while major Northern California water reservoirs are near or above
average water storage for this time of year, many Southern California reservoirs are
significantly below average. In addition, the snowpack is melting fast and as of early
May is at less than 50 percent of the average for this time of year; 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 Two 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 Two water supply shortage.
2. A public hearing will be held on July 12, 2016, in order for the public to appear
before City Council and be heard on whether a resolution declaring the Level
Two water supply shortage should be adopted.
3
3. If following the public hearing, the City Council adopts a resolution declaring a
Level Two water supply shortage as set forth in NMBC Chapter 14.16.070, 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 a.m. and 5 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 Two water supply shortage, the schedule
established by City Council resolution shall specify for each customer (1) three
irrigation days per week during the months of April, May, June, July, August,
September, and October and (2) one 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, 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),
provided that such irrigation does not exceed five times per week on a
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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 greater than 85
percent of the customer's base amount. The base amount of water usage shall
be per billing period when compared to the same period in 2013. For customers
that do not have billing history, then the City shall estimate 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 forty-eight (48) hours after receiving notice of the condition 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 six inches of potable water per week to fill
or refill a residential swimming pool or outdoor spa.
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 July 12, 2016.
ATTEST:
Leilani Brown,
CITY CLERK
ADOPTED this 28th day of June 2016.
111
Diane B. Dixon
MAYOR
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ATTACHMENT B
Timeline for State Executive Orders & City Council Resolutions
• January 17, 2014, Governor Edmund G. Brown Jr. declared a State of
Emergency and directed state officials to take all necessary actions to address
drought conditions. The proclamation gave state water officials more flexibility to
manage water supply throughout California due to the drought.
• April 25, 2014, the governor issued an executive order to speed up actions
necessary to reduce harmful effects of the drought, and he called on all
Californians to redouble their efforts to conserve water.
• July 15, 2014, the State Water Resource Control Board adopts an emergency
regulation for statewide urban water conservation (Resolution No. 2014 -0038)
and requires water agencies to comply.
• September 9, 2014, the City of Newport Beach adopts Resolution 2014-79
declaring a level one water supply shortage. This resolution implemented the
following watering restrictions:
o Outside irrigation of landscape restricted to four days a week from April
through October and two days a week from November through March.
o No water use greater than 100 percent of a customer's three-year moving
average.
o Leaks must be corrected within 72 once notified by the City.
o Swimming pools can be filled no more than one foot per week.
• December 22, 2014, Governor Brown issued Executive Order B-28-14. This new
Executive Order extended the operation of the provisions of the previous
executive orders through May 31, 2016.
• March 27, 2015 the State Water Resources Control Board readopted emergency
regulations to keep in effect water conservation requirements throughout
California.
• April 1, 2015 the governor issued Executive Order B-29-15. Key provisions
include:
o Ordering the State Water Resources Control Board to impose restrictions
to achieve a 25 percent reduction in potable urban water usage through
February 28, 2016
o Directing the California Department of Water Resources to lead a
statewide initiative, in partnership with local agencies, to collectively
replace 50 million square feet of lawns and ornamental turf with drought
tolerant landscapes
o Directing the California Energy Commission to implement a statewide
appliance rebate program to provide monetary incentives for the
replacement of inefficient household devices.
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• June 9, 2015 City Council adopted Resolution No. 2015-51, declaring a level
three water supply shortage as defined in Newport Beach Municipal Code
Section 14.16. The resolution implemented the following water restrictions:
o No irrigation between 9 a.m. and 5 p.m.
o No water use greater than 75% of the water used in the same billing
period as 2013.
o Outside irrigation of landscape restricted to two days a week from April
through October and one day a week from November through March.
o Leaks must be corrected within 24 hours once notified by the City.
o Swimming pools can be filled no more than 3 inches per week.
o No outdoor irrigation of landscape within 48 hours of rainfall.
• On February 2, 2016 the State Board adopted a revised emergency regulation
extending the existing May 2015 regulations through October 2016. The
regulation remained essentially the same; however, it included provisions that
allowed a water supplier to apply for credits that could reduce the supplier's
conservation standard (target) up to eight percentage points.
• March 2016, the City received notice that the City's application to reduce our
conservation standard had been approved. This reduced our conservation
standard from 28 percent to 21 percent. This is the cumulative savings the City
would need to achieve by October 2016.
• On May 9, 2016, Governor Brown issue an Executive Order direction actions
aimed at using water wisely, reducing water waste, and improving water use
efficiency for the years and decades ahead. The Executive Order, in part,
directed the State Board to extend the emergency regulations for urban water
conservation through the end of January 2017.
• On May 18, 2016, the State Board adopted a statewide water conservation
approach that mandates urban water suppliers ensure that they have a three-
year supply of water assuming three more dry years occur. Water agencies that
would face a shortage under this scenario would be required to meet a
conservation standard equal to the amount of the shortage.
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Watering Restriction Days
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ATTACHMENT C
Groups 2 and 3
April - October (3 days)
Watering Days: Wednesday, Friday and Sunday
November - March (1 days)
Watering Days: Sunday
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April - October (3 days)
Watering Days: Tuesday, Thursday
and Saturday
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November- March (1 days)
Watering Days: Saturday
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