HomeMy WebLinkAbout2022-88 - Declaring a Level Two Water Supply Shortage as Mandated by the State Water BoardRESOLUTION NO. 2022-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, EXTENDING THE
DECLARATION OF A LEVEL TWO WATER SUPPLY
SHORTAGE AS MANDATED BY THE STATE WATER
BOARD
WHEREAS, mandates by Governor Newsom and the State Water Resources
Control Board ("State Board") require urban water suppliers, including the City of
Newport Beach ("City"), implement at a minimum all demand reduction actions identified
in the supplier's water shortage contingency plan adopted under Water Code Section
10632 for a shortage level of ten (10) to twenty (20) percent (Level 2) and to ensure the
demand reduction remains in effect until at least June 16, 2023, unless other action is
taken by the State Board ("State Mandates");
WHEREAS, on June 28, 2022, the City Council adopted Resolution No. 2022-46
declaring a Level Two Water Supply Shortage ("Declaration") to comply with the State
Mandates;
WHEREAS, the State of California has not taken any action to lift or modify the
State Mandates; and
WHEREAS, extension of the Declaration, which will expire December 27, 2022,
is necessary to comply with the State Mandates notwithstanding the prudent and
proactive measures by the City, its residents and businesses to reduce water use as well
as investments made in the resiliency and reliability of the City's water sources, which
have resulted in projections for the City having a balance in water supply and demand
for next year but with no surplus water supply.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: To comply with the State Mandates, the City Council does hereby
extend its Declaration and implements the demand reduction actions associated with a
Level Two Water Supply Shortage condition as identified in the City's Water Shortage
Contingency plan.
Section 2: In accordance with NBMC Section 14.16.070, the following water
use restrictions for a Level Two Water Supply Shortage condition are imposed:
Resolution No. 2022-88
Page 2 of 4
A. No customer shall use potable water to irrigate any lawn, landscape or
other vegetated area for more than three days per week April through October and for
more than one day a week November through March. This restriction does not apply to
the following:
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).
3. Short periods of irrigation for the exclusive purpose of adjusting or
repairing an irrigation system.
B. Residential and irrigation customers shall not use in any billing period any
more water than the amount of water those customers used in the same billing period in
2020. For those customers without a City water billing history for the same billing period
in 2020, their base amount shall be an estimate based on the water usage of similar
premises and users during that that billing period in 2020. This restriction does not apply
to the following customer categories:
1. Single Family Residential customers that use 20 billing units or less
during a two -month billing period or 10 billing units or less during a one -month billing
period.
2. Multi -family Residential customers that use 18 billing units or less
during a two -month billing period or 9 billing units or less during a one -month billing
period.
C. The extension of the Declaration and the accompanying mandatory water
use restrictions and conservation measures set forth herein shall remain in full force and
effect for up to six (6) months from December 27, 2022 unless this resolution is
extended, repealed earlier, or new mandatory conservation measures are adopted, but
shall not in any case be in effect for longer than the effective dates of the State
Mandates.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Resolution No. 2022-88
Page 3 of 4
Section 4: 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.
Section 5: The City Council finds the adoption of this resolution 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, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Resolution No. 2022-88
Page 4 of 4
Section 6: 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 29th day of November, 2022.
Kevin Mul
Mayor
ATTEST:
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City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
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; the foregoing resolution, being Resolution
No. 2022-88 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 291h day of November, 2022; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Kevin Muldoon, Mayor Pro Tern Noah Blom, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield,
Council Member Will O'Neill
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 30th day of November, 2022.
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Leilani I. Brown
City Clerk
Newport Beach, California