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HomeMy WebLinkAbout07 - Resolution of Intention to Declare a Level Two Water Supply Shortage/Water Conservation GoalsTO: FROM: CITY OF NEWPORT BEACH City Council Staff Report June 28, 2016 Agenda Item No. 7 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL George Murdoch, Municipal Operations Director - 949-644-3011, gmurdoch@newportbeachca.gov PREPARED BY: Cynthia Owens, Administrative Manager, cowens(@_newportbeachca.gov PHONE: 949-644-3057 TITLE: Resolution of Intention to Declare a Level Two Water Supply Shortage/Water Conservation Goals ABSTRACT: Due to improved water conditions in northern California, Governor Brown issued Executive Order B-37-16 on May 9, 2016 calling on the State Water Resources Control Board (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. Given the new regulations, and the threat of a continued drought, staff is recommending City Council declare a Level Two water supply shortage and implement Level Two mandatory water conservation requirements as listed in City Municipal Code 14.16.070. RECOMMENDATION: a) 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; b) Adopt Resolution No. 2016-85, A Resolution of the City Council of the City of Newport Beach, California, Noticing Its Intention to Declare a Level Two Water Supply Shortage, and setting 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; 7-1 Resolution of Intention to Declare a Level Two Water Supply Shortage/ Water Conservation Goals June 28, 2016 Page 2 c) Direct the City Clerk to publish Resolution No. 2016-85 within (15) fifteen days of adoption of the Resolution; and d) Set the date of July 12, 2016 for a public hearing. 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 (Attachment B) which resulted in the declaration of a Level Three water supply shortage by City Council on June 9, 2015. The resolution implemented the following water restrictions: o No irrigation between 9 a.m. and 5 p.m. o No water use greater than 75% of the water used in the same billing period as 2013. o Outside irrigation of landscape restricted to two days a week from April through October and one day a week from November through March. o Leaks must be corrected within 24 hours once notified by the City. o Swimming pools can be filled no more than 3 inches per week. o No outdoor irrigation of landscape within 48 hours of rainfall. 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, has stated that "Drought conditions are far from over, but have improved enough that we can step back from our unprecedented top-down target setting." 7-2 Resolution of Intention to Declare a Level Two Water Supply Shortage/ Water Conservation Goals June 28, 2016 Page 3 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. The state has indicated that the drought is not over; however, they are allowing each water agency to self -certify the amount of water they have available for their water customers should the drought continue for three more years. 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. This recommendation is in line with the Municipal Water District of Orange County's resolution that calls for continued conservation measures. The attached resolution contains the City's intention to declare a Level Two Water Supply Shortage. If the resolution is adopted, the requirements would be as outlined below. Level Two Mandatory Water Conservation Requirements The Level Two mandatory water conservation requirements as per City Municipal Code Section 14.16.070 are summarized below: 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 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 shall 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. Prior to these restrictions becoming effective the City shall notify each customer of the scheduled irrigation days. Attachment C is the watering day schedule. • 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: 7-3 Resolution of Intention to Declare a Level Two Water Supply Shortage/ Water Conservation Goals June 28, 2016 Page 4 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. 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 this item be approved, then the City Council will consider a resolution adopting a Level Two Water Supply Shortage and conduct a public hearing at the regularly scheduled City Council meeting on July 12, 2016. Residents and customers will have an opportunity to provide comments to the Council at this hearing. If a Level Two Water Supply Shortage is adopted at the July 12, 2016 meeting, the Level Two Water Conservation Requirements will be in effect with the exception of the watering days until the customers are notified. It is staff's intent to notify customers immediately. Staff will continue to provide reports to the City Council and State Board regarding conservation efforts and usage on a monthly basis. 7-4 Resolution of Intention to Declare a Level Two Water Supply Shortage/ Water Conservation Goals June 28, 2016 Page 5 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 Attachment B - Timeline Attachment C - Watering Day Map 7-5 ATTACHMENT A RESOLUTION NO. 2016-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, NOTICING ITS INTENTION TO DECLARE 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, State 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 and 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, 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 W Emergency Regulation placed each urban water supplier in a conservation tier, ranging between 8 and 36 percent, based on residential per capita water use for the months of July — 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, State Governor Edmund G. Brown Jr. 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, State Governor Edmund G. Brown Jr. 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 2 7-7 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 issue a notice of intent 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. 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 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 3. If following the public hearing, 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 a.m. and 5 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 - 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 W 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 that 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 of Intention shall be published in the City's official newspaper within 15 days of its adoption and at least 10 days prior to July 12, 2016. ATTEST: Leilani Brown, CITY CLERK ADOPTED this 28th day of June 2016. 111 Diane B. Dixon MAYOR 7-10 ATTACHMENT B Timeline for State Executive Orders & City Council Resolutions • 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. • April 25, 2014, the governor issued an executive order to speed up actions necessary to reduce harmful effects of the drought, and he called on all Californians to redouble their efforts to conserve water. • July 15, 2014, the State Water Resource Control Board adopts an emergency regulation for statewide urban water conservation (Resolution No. 2014 -0038) and requires water agencies to comply. • September 9, 2014, the City of Newport Beach adopts Resolution 2014-79 declaring a level one water supply shortage. This resolution implemented the following watering restrictions: o Outside irrigation of landscape restricted to four days a week from April through October and two days a week from November through March. o No water use greater than 100 percent of a customer's three-year moving average. o Leaks must be corrected within 72 once notified by the City. o Swimming pools can be filled no more than one foot per week. • December 22, 2014, Governor Brown issued Executive Order B-28-14. This new Executive Order extended the operation of the provisions of the previous executive orders through May 31, 2016. • March 27, 2015 the State Water Resources Control Board readopted emergency regulations to keep in effect water conservation requirements throughout California. • April 1, 2015 the governor issued Executive Order B-29-15. Key provisions include: o Ordering the State Water Resources Control Board to impose restrictions to achieve a 25 percent reduction in potable urban water usage through February 28, 2016 o Directing the California Department of Water Resources to lead a statewide initiative, in partnership with local agencies, to collectively replace 50 million square feet of lawns and ornamental turf with drought tolerant landscapes o Directing the California Energy Commission to implement a statewide appliance rebate program to provide monetary incentives for the replacement of inefficient household devices. 7-11 • June 9, 2015 City Council adopted Resolution No. 2015-51, declaring a level three water supply shortage as defined in Newport Beach Municipal Code Section 14.16. The resolution implemented the following water restrictions: o No irrigation between 9 a.m. and 5 p.m. o No water use greater than 75% of the water used in the same billing period as 2013. o Outside irrigation of landscape restricted to two days a week from April through October and one day a week from November through March. o Leaks must be corrected within 24 hours once notified by the City. o Swimming pools can be filled no more than 3 inches per week. o No outdoor irrigation of landscape within 48 hours of rainfall. • On February 2, 2016 the State Board adopted a revised emergency regulation extending the existing May 2015 regulations through October 2016. The regulation remained essentially the same; however, it included provisions that allowed a water supplier to apply for credits that could reduce the supplier's conservation standard (target) up to eight percentage points. • March 2016, the City received notice that the City's application to reduce our conservation standard had been approved. This reduced our conservation standard from 28 percent to 21 percent. This is the cumulative savings the City would need to achieve by October 2016. • On May 9, 2016, Governor Brown issue an Executive Order direction actions aimed at using water wisely, reducing water waste, and improving water use efficiency for the years and decades ahead. The Executive Order, in part, directed the State Board to extend the emergency regulations for urban water conservation through the end of January 2017. • On May 18, 2016, the State Board adopted a statewide water conservation approach that mandates urban water suppliers ensure that 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. 7-12 Watering Restriction Days `i' 0 �,5a0 S,tltltl Feet �aP,a UPPER NEWPORT BA ATTACHMENT C Groups 2 and 3 April - October (3 days) Watering Days: Wednesday, Friday and Sunday November - March (1 days) Watering Days: Sunday y Groups 2 4 ( v'-- °,,,, <„, and I _ April - October (3 days) Watering Days: Tuesday, Thursday and Saturday 4 November- March (1 days) Watering Days: Saturday 7� , NEWPORT a aRaa. '� i ry NEWPOftI � z LGASi r cusrt w CRY s TAT C -E STATE PARK r 7-13