HomeMy WebLinkAbout10 - Level Two Water Supply ShortageP0 m CITY OF
z NEWPORT BEACH
City Council Staff Report
July 12, 2016
Agenda Item No. 10
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: George Murdoch, Municipal Operations Director - 949-644-3011,
gmurdoch@newportbeachca.gov
PREPARED BY: George Murdoch, Municipal Operations Director
gmurdoch(a)_newportbeachca.gov
PHONE: 949-718-3401
TITLE: Resolution to Declare a Level Two Water Supply Shortage
ABSTRACT:
On June 28, 2016, City Council adopted Resolution No. 2016-85 A Resolution of the
City of Newport Beach, California, Noticing its Intention to Declare a Level Two Water
Supply Shortage. This is a reduction from Level Three Water Supply Shortage. Per
Resolution No. 2016-85, a public hearing was set for July 12, 2016. If City Council
adopts the resolution, the City would move from a Level Three Water Supply Shortage
to a Level Two Water Supply Shortage. The new regulations will take effect
immediately; however customers will be notified of the watering days prior to any
enforcement.
RECOMMENDATION:
a) Conduct a public hearing allowing the public to be heard on whether the resolution
declaring a Level Two Water Supply Shortage should be adopted, and, if so;
b) 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;
c) Adopt Resolution No. 2016-87, A Resolution of the City Council of the City of
Newport Beach, California, Declaring a Level Two Water Supply Shortage, and set
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; and
d) Direct the City Clerk to publish Resolution No. 2016-87 within (10) ten days of
adoption of resolution.
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Resolution to Declare a Level Two Water Supply Shortage
July 12, 2016
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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 which resulted in the declaration of a Level
Three water supply shortage by City Council on June 9, 2015.
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, stated that "Drought conditions
are far from over, but have improved enough that we can step back from our
unprecedented top-down target setting."
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. 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.
On June 28, 2016, City Council adopted Resolution 2016-85 A Resolution of the City of
Newport Beach, California, noticing its intention to declare a Level Two Water Supply
Shortage pursuant to the requirements set forth in City of Newport Beach Municipal
Code Section 14.16.050.
If the City Council adopts a Level Two Water Supply Shortage then the following
restrictions would apply.
Level Two Mandatory Water Conservation Requirements
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
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Resolution to Declare a Level Two Water Supply Shortage
July 12, 2016
Page 3
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 will 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.
The City will notify each customer of the scheduled irrigation days prior to the
restrictions becoming effective. Customers may look up their watering day(s) by visiting
the City's web site at www.newportbeachca.gov/water.
• 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:
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.
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Resolution to Declare a Level Two Water Supply Shortage
July 12, 2016
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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 the City Council adopt the resolution declaring a Level Two Water Supply
Shortage, the regulations would go into effect immediately following the adoption of the
resolution and will remain in full force and effect until the resolution is repealed or until
new mandatory conservation requirements become effective. Customers will be notified
of the watering days prior to any enforcement. 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:
Attachment A - Resolution Declaring a Level Two Water Shortage
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ATTACHMENT A
RESOLUTION NO. 2016-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, DECLARING 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, 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 that 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, 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 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 residential per capita water use for the months of July
through 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, Governor Brown 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, Governor Brown 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 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.
WHEREAS, On June 28, 2016, the City Council adopted Resolution No. 2016-
85, A Resolution of the City Council of the City of Newport Beach Noticing its Intention
to Declare a Level Two Water Supply Shortage, and to conduct a public hearing on July
12, 2016, to declare a Level Two Water Supply Shortage per Section 14.16 of the
Municipal Code.
NOW, THEREFORE, be it resolved by the City Council of the City of Newport
Beach that:
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1. Pursuant to Section 14.16.050 of the Municipal Code, the City Council declares 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. Following the public hearing, if 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 9:00 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 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 -
M.,
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.
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
who 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 shall be published or posted within 10 days of its adoption in a
manner required by California Water Code Section 376.
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ADOPTED this 12th day of July 2016.
Diane B. Dixon
MAYOR
ATTEST:
Leilani Brown,
CITY CLERK
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