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HomeMy WebLinkAbout2016-85 - Noticing Its Intention to Declare a Level Two Water Supply ShortageRESOLUTION 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; 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; WHEREAS, On July 15, 2014, the Board adopted an emergency regulation for Statewide urban water conservation (Resolution No. 2014-38) 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; 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, 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; WHEREAS, On May 5, 2015, the Board adopted Resolution No. 2015-32 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 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 Resolution No. 2016-85 Page 2 of 6 July — September 2014. Resolution No. 2015-32 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; 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 No. 2015-51), setting customer usage to 75% of their 2013 water use when compared to the same billing cycle; 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; WHEREAS, On February 2, 2016, the Board adopted Resolution No. 2016-7 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; 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; 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 face a shortage under this scenario would be required to meet a conservation standard equal to the amount of the shortage; Resolution No. 2016-85 Page 3 of 6 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; 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; 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: Section 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. Section 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. Section 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: Resolution No. 2016-85 Page 4 of 6 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 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. Resolution No. 2016-85 Page 5 of 6 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. Section 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. Section 5: The City Council finds the adoption of this resolution of intention 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. Section 6: 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. Resolution No. 2016-85 Page 6 of 6 Section 7: 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 28'h day of June 2016. �6i� Diane B. Dixon Mayor ATTEST: &v" c7\'kwm—, Leilani I. Brown City Clerk 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; that the foregoing resolution, being Resolution No. 2016-85 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 28th day of June, 2016, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon NAYS: None IN WITNESS WHEREOF, 1 have hereunto subscribed my name and affixed the official seal of said City this 29th day of June, 2016. J44VUt Leilani I. Brown, MMC City Clerk Newport Beach, California