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HomeMy WebLinkAbout2014-73 - Noticing Its Intention to Declare a Level One Water Supply ShortageRESOLUTION NO. 2014 -73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH NOTICING ITS INTENTION TO DECLARE A LEVEL ONE 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, following the driest year in State recorded history, the City of Newport Beach recognizes the need to increase water conservation efforts in the City; 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 One 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: w 1. Pursuant to Section 14.16.050 of the Municipal Code, the City Council declares its intent to declare a Level One water supply shortage. 2. A public hearing will be held on September 9, 2014, in order for the public to appear before City Council and be heard on whether a resolution declaring the Level One water supply shortage should be adopted. 3. If following the public hearing, the City Council adopts a resolution declaring a Level One water supply shortage as set forth in NMBC Chapter 14.16.060, 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 except on the scheduled irrigation days established for each customer by the City. During a Level One water supply shortage, the schedule shall specify for each customer four irrigation days per week from April through October, and two irrigation days per week from November through March. Prior to the restriction becoming effective, the City shall notify the customer of the scheduled irrigation days by mail. B. No customer shall use more water during any billing period greater than 100 percent of the customers Base Amount. "Base Amount" shall be the three - year moving average for customers for which the City's water billing history is more than three years. For customers for which the City's water billing history is less than three years, the base amount shall be the estimate of 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. Notwithstanding the foregoing, in calculating the base amount, the base amount shall exclude any billing periods during which water consumption restrictions were in effect. C. No person shall permit excessive use, loss or escape of water trough breaks, leaks, or other malfunctions in the user's plumbing or distribution system for more than seventy -two (72) hours after receiving notice of the condition from the City. D. No customer may use potable water to fill or refill an ornamental lake, pond, or fountain more than once per 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. E. No customer may use potable water to fill or refill by -more than one foot a residential swimming pool or outdoor spa more than once a week. 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 September 9, 2014. ADOPTED this 12th day of August, 2014. ATTEST: I� {QW Leilani I. Brown City Clerk R u �sh N. Hiil, II Mayor STATE OF CALIFORNIA } COUNTY OF ORANGE 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. 2014 -73 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 12th day of August , 2014, and that the same was so passed and adopted by the following vote, to wit: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Council Member Daigle, Mayor Pro Tern Selich, Mayor Hill IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 131" day of August, 2014. Q�& `P' City Clerk Newport Beach, California (Seal)