HomeMy WebLinkAbout2016-85 - Noticing Its Intention to Declare a Level Two Water Supply ShortageRESOLUTION 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;
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;
WHEREAS, On July 15, 2014, the Board adopted an emergency regulation for
Statewide urban water conservation (Resolution No. 2014-38) 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;
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, 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;
WHEREAS, On May 5, 2015, the Board adopted Resolution No. 2015-32 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
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
Resolution No. 2016-85
Page 2 of 6
July — September 2014. Resolution No. 2015-32 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;
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 No. 2015-51), setting customer usage
to 75% of their 2013 water use when compared to the same billing cycle;
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;
WHEREAS, On February 2, 2016, the Board adopted Resolution No. 2016-7 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;
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;
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
face a shortage under this scenario would be required to meet a conservation standard
equal to the amount of the shortage;
Resolution No. 2016-85
Page 3 of 6
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;
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;
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:
Section 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.
Section 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.
Section 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:
Resolution No. 2016-85
Page 4 of 6
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
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.
Resolution No. 2016-85
Page 5 of 6
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.
Section 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.
Section 5: The City Council finds the adoption of this resolution of intention 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.
Section 6: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall
not affect the validity or constitutionality of the remaining portions of this resolution. The
City Council hereby declares that it would have passed this resolution, and each
section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases be declared invalid
or unconstitutional.
Resolution No. 2016-85
Page 6 of 6
Section 7: This resolution shall take effect immediately upon its adoption by
the City Council and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 28'h day of June 2016.
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Diane B. Dixon
Mayor
ATTEST:
&v" c7\'kwm—,
Leilani I. Brown
City Clerk
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. 2016-85 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 28th day of June, 2016, and that the same
was so passed and adopted by the following vote, to wit:
AYES: Council Member Peotter, Council Member Duffield, Council Member Selich,
Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon,
Mayor Dixon
NAYS: None
IN WITNESS WHEREOF, 1 have hereunto subscribed my name and affixed the official seal of
said City this 29th day of June, 2016.
J44VUt
Leilani I. Brown, MMC
City Clerk
Newport Beach, California