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Home My WebLink About2015-34 - Noticing Its Intention to Declare a Level Three Water Supply ShortageRESOLUTION NO. 2015 -34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH NOTICING ITS INTENTION TO DECLARE A LEVEL THREE 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, 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 -00) to conserve water usage to 100% of Base Amount and limit outdoor irrigation. 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 State Water Resource Control Board shall impose restrictions to achieve a statewide 25% reduction in potable urban water usage through February 28, 2016; and WHEREAS, following the direction of the State Water Resource Control Board, and other local Cities, the City of Newport Beach finds it needs to increase its conservation efforts to meet these goals. Resolution No. 2015 -34 Page 2 of 4 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 Three 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 Three water supply shortage. 2. A public hearing will be held on May 26, 2015, in order for the public to appear before City Council and be heard on whether a resolution declaring the Level Three water supply shortage should be adopted. 3. If following the public hearing, the City Council adopts a resolution declaring a Level Three 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 between the hours of 9:00 a.m. and 5:00 p.m. Pacific Standard 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. Resolution No. 2015 -34 Page 3 of 4 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 Three water supply shortage, the schedule established by City Council resolution shall specify for each customer (a) two (2) irrigation days per week during the months of April, May, June, July, August, September, and October and (b) one (1) 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 or hand -held hose equipped with 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 (2) gallons of water per hour. 2. Irrigation of food crops (including fruit trees and vegetable gardens), provided that such irrigation does not exceed three (3) days 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 than 75% of the base amount. 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 twenty -four (24) hours after receiving notice from the City. Resolution No. 2015 -34 Page 4 of 4 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. E. No customer may use potable water to fill or refill by more than three inches 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 May 26, 2015. ATTEST: Leilani I. Brown;/ City Clerk ADOPTED this 12" day of May 2015. Mayor STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH I, Leilani 1. 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. 2015 -34 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 12`" day of May, 2015, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Petros, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13th day of May, 2015. 14) City Clerk Newport Beach, California (Seal)