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Home My WebLink About21 - Conduct a Public Hearing and Adopt Resolution for Level Three Water Supply Shortage - City Attorney MemoReceived After Agenda Printed June 9, 2015 1 E8fPolT Item No. 21 °�"� CITY OF NEWPORT BEACH �9�oRN.P CITY ATTORNEY'S OFFICE DATE: June 9, 2015 TO: Honorable Mayor & Members of City Council FROM: Leonie Mulvihill, Assistant City Attorney MATTER: Level Three Water Supply Shortage A14 -00572 SUBJECT: Regular Meeting June 9, 2015, Agenda Item 21 — Conduct Public Hearing and Adopt Resolution for Level Three Water Supply Shortage Since the posting of the agenda, the City Attorney's Office prepared a revised Resolution No. 2015 -51 to include the irrigation schedule. A redline draft of the resolution is attached hereto as Attachment 1. We recommend that you approve this item as amended, and have provided a final draft of Resolution No. 2015 -51 in Attachment 2. Submitted by: Leonie Mulvihill Assistant City Attorney Late Communication to M &CC 6.9.15Mtg ATTa� -:Hfa E��T 1 RESOLUTION NO. 2015 -51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DECLARING 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 -79) to conserve water usage to 100% of Base Amount and limit outdoor irrigation. WHEREAS, Oen 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 Resolution No. 2015 -51 Page 2 of 5 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. 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 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. - WHEREAS, during a Level Three water supply shortage a schedule shall specify for each customer two irrigation days from April and October, and one irrigation day per week from November to March; and WHEREAS, on May 12, 2015, the City Council adopted Resolution 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, and to conduct a public hearing on May 26, 2015, to declare a Level Three water supply shortage per Section 14.16 of the Municipal Code. On May 26, 2015, the City Council continued the public hearing to June 9, 2015. 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 dpe Rr„ a Level Three water supply shortage. Resolution No. 2015 -51 Page 3of5 2. A Level Three Water Supply Shortage enacts NBMC Section 14.16.080 "Level Three Mandatory Water Conservation Requirements ", 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 noule 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 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 restriction becoming effective, the City shall notify the customer of the scheduled irrigation days by mail. C. No customer shall use more water during any billing period than the 75% of the base amount established in the resolution declaring the Level Three water shortage. "Base amount" means a base amount of water usage per Billing period to be determined for each customer. For any particular Billing period, the base amount shall be as indicated on the Customer's municipal services statement for the prior Billing period. For Customers occupying premises for which the City's water billing history includes 2013, the Base amount shall be the amount of water used during the same billing period in 2013. For Customers occupying premises for which the City's water billing history does Resolution No. 2015 -51 Page 4 of 5 not include the same billing period in 2013, the Base amount shall be the estimate of 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 twenty -four (24) hours after receiving notice 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 three inches of potable water per week to fill or refill a residential swimming pool or outdoor spa. 3. The City Council hereby establishes an irrigation schedule depicted in the attached Exhibit "A" and based on meter readina groups as follows Group 1: Meter routes 005 throuah 125. BIG and BBL April- October (2 days): Wednesday and Sunday November — March (1 day): Wednesday Group 2: Meter routes 130 through 295 April- October (2 days): Tuesday and Saturday November — March 0 day): Tuesday Group 3: Meter routes 300 through 470 April- October (2 days): Wednesdav and Sunday November — March (1 day): Wednesday Group 4 Meter routes 475 through 585 April- October (2 days): Tuesday and Saturday November— March (1 day): Tuesday Resolution No. 2015 -51 Page 5 of 5 3:4.-The City Clerk is hereby directed to publish this Resolution within 10 days following its adoption in a newspaper of general circulation in the City. 4:5. The mandatory conservation requirements set forth in this Resolution shall become effective upon the adoption of this Resolution and shall remain in full force and effect until this Resolution is repealed or until new mandatory conservation requirements become effective. 5.6. __During the existence of a water supply shortage, the Utilities Director shall provide periodic reports to the City Council regarding compliance with the Newport Beach Municipal Code Section 14.16.050(C). ADOPTED this 9th day of June 2015. Edward D. Selich Mayor ATTEST: Leilani I. Brown City Clerk jJ� J I Y W N G a N ` I O o � o O o •• pj' a ". l . -� ^Y r a W o \ � 'o o � o � 'o o s` o d' .• > > a °3 z3 a3 z3 `° '1 ..odw, 1 pillion IA IN #� �►W�—ra�� jib ya •. a o I�k r d w � � � Q•.. "� sq IAMIJIM MINIFIRINA�Ti'� RESOLUTION NO. 2015 -51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DECLARING 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 -79) 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 (8- 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 Resolution No. 2015 -51 Page 2 of 5 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. 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 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; and WHEREAS, during a Level Three water supply shortage, a schedule shall specify for each customer two irrigation days from April and October, and one irrigation day per week from November to March; and WHEREAS, on May 12, 2015, the City Council adopted Resolution 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, and to conduct a public hearing on May 26, 2015, to declare a Level Three water supply shortage per Section 14.16 of the Municipal Code. On May 26, 2015, the City Council continued the public hearing to June 9, 2015. 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 a Level Three water supply shortage. Resolution No. 2015 -51 Page 3 of 5 2. A Level Three Water Supply Shortage enacts NBMC Section 14.16.080 "Level Three Mandatory Water Conservation Requirements ", 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 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 restriction becoming effective, the City shall notify the customer of the scheduled irrigation days by mail. C. No customer shall use more water during any billing period than the 75% of the base amount established in the resolution declaring the Level Three water shortage. "Base amount" means a base amount of water usage per Billing period to be determined for each customer. For any particular Billing period, the base amount shall be as indicated on the Customer's municipal services statement for the prior Billing period. For Customers occupying premises for which the City's water billing history includes 2013, the Base amount shall be the amount of water used during the same billing period in 2013. For Customers occupying premises for which the City's water billing history does Resolution No. 2015 -51 Page 4 of 5 not include the same billing period in 2013, the Base amount shall be the estimate of 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 twenty -four (24) hours after receiving notice 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 three inches of potable water per week to fill or refill a residential swimming pool or outdoor spa. 3. The City Council hereby establishes an irrigation schedule depicted in the attached Exhibit "A" and based on meter reading groups as follows: Group 1: Meter routes 005 through 125, BIG and BBL April- October (2 days): Wednesday and Sunday November— March (1 day): Wednesday Group 2: Meter routes 130 through 295 April- October (2 days): Tuesday and Saturday November— March (1 day): Tuesday Group 3: Meter routes 300 through 470 April- October (2 days): Wednesday and Sunday November — March (1 day): Wednesday Group 4 Meter routes 475 through 585 April- October (2 days): Tuesday and Saturday November — March (1 day): Tuesday Resolution No. 2015 -51 Page 5 of 5 4. The City Clerk is hereby directed to publish this Resolution within 10 days following its adoption in a newspaper of general circulation in the City. 5. The mandatory conservation requirements set forth in this Resolution shall become effective upon the adoption of this Resolution and shall remain in full force and effect until this Resolution is repealed or until new mandatory conservation requirements become effective. 6. During the existence of a water supply shortage, the Utilities Director shall provide periodic reports to the City Council regarding compliance with the Newport Beach Municipal Code Section 14.16.050(C). ADOPTED this gth day of June 2015. Edward D. Selich Mayor ATTEST: Leilani I. Brown City Clerk i 5\ 0 4 Q cQ a 2 " AIM a Pf J �• a h R R 0 R 0 N C n° n j � /j