HomeMy WebLinkAbout2022-46 - Declaring No Surplus Water and a Level Two Water Supply ShortageRESOLUTION NO. 2022-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, DECLARING A LEVEL
TWO WATER SUPPLY SHORTAGE AS MANDATED BY
THE STATE WATER BOARD
WHEREAS, California is currently experiencing a state-wide drought;
WHEREAS, on March 28, 2022, Governor Newsom issued Executive Order N-7-
22, which directed the State Water Resources Control Board ("State Water Board") to
consider adopting emergency regulations to increase water conservation and requested
the State Water Board to require urban water suppliers to implement Level 2 of their water
shortage contingency plans;
WHEREAS, on May 24, 2022, the State Water Board adopted Resolution No.
2022-0018, to enact an emergency regulation relating to drought response actions by
amending Title 23 of the California Code of Regulations to add new section 996
("Emergency Regulation");
WHEREAS, the Emergency Regulation, which took effect June 16, 2022 and will
remain in effect for one year unless the State Water Board modifies it, ends it earlier, or
readopts it, requires each urban water supplier to implement at a minimum all demand
reduction actions identified in the supplier's water shortage contingency plan adopted
under Water Code Section 10632 for a shortage level of ten (10) to twenty (20) percent
(Level 2);
WHEREAS, Newport Beach residents and businesses have taken bold steps over
the years to reduce water use and the City of Newport Beach and the Orange County
Water District have invested in water resiliency and water reliability within our
groundwater basin;
WHEREAS, the City's public information and awareness campaign regarding the
current drought continues to be instrumental in achieving conservation goals and
reducing water waste;
WHEREAS, the "Save Our Water" statewide water conservation program
(SaveOurWater.com), and the City's water conservation campaign (ocwatersmart.com)
are great resources for water conservation information, tips, rebates, and water saving
landscape designs;
Resolution No. 2022-46
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WHEREAS, according to the City's annually mandated water supply and demand
assessment, the City has a balance in water supply and demand for next year but with
no surplus water supply;
WHEREAS, Governor Newsom and the State Water Board nevertheless have
determined that additional conservation actions from urban water suppliers, residents,
and the commercial, industrial, and institutional sectors are required; and
WHEREAS, these additional conservation actions will help increase the
availability of water for the next year.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby declare a Level Two Water Supply
Shortage to comply with the State Water Board's Emergency Regulation mandating
implementation of demand reduction actions associated with the Level Two Water Supply
Shortage condition as identified in the City's Water Shortage Contingency plan.
Section 2: In accordance with NBMC Section 14.16.070, the following water
use restrictions for a Level Two Water Supply Shortage condition are imposed:
A. No customer shall use potable water to irrigate any lawn, landscape or
other vegetated area for more than three days per week. This restriction does not apply
to the following:
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).
3. Short periods of irrigation for the exclusive purpose of adjusting or
repairing an irrigation system.
B. Residential and irrigation customers shall not use in any billing period any
more water than the amount of water those customers used in the same billing period in
2020. For those customers without a City water billing history for the same billing period
in 2020, their base amount shall be an estimate based on the water usage of similar
Resolution No. 2022-46
Page 3 of 4
premises and users during that that billing period in 2020. This restriction does not apply
to the following customer categories:
1. Single Family Residential customers that use 20 billing units or less
during a two -month billing period or 10 billing units or less during a one -month billing
period.
2. Multi -family Residential customers that use 18 billing units or less
during a two -month billing period or 9 billing units or less during a one -month billing
period.
C. This declaration of water supply shortage and the accompanying
mandatory water use restrictions and conservation measures set forth herein shall
become effective upon the adoption of this resolution and shall remain in full force and
effect for up to six (6) months unless this resolution is extended, repealed earlier, or new
mandatory conservation measures are adopted, but shall not in any case be in effect for
longer than the effective dates of the Emergency Regulation.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 4: 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.
Section 5: The City Council finds the adoption of this resolution 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, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Resolution No. 2022-46
Page 4 of 4
Section 6: 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 28th day of June, 2022.
101, Kevin Boon
Mayor
ATTEST:
to E
Leilani I. Brown
City Clerk
t;t t N ►
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
�'--� ` , �/ CLI--
Aaron C. Harp
City Attorney
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; the foregoing resolution, being Resolution
No. 2022-46 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 28th day of June, 2022; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Kevin Muldoon, Mayor Pro Tern Noah Blom, Council Member Brad Avery,
Council Member, Joy Brenner, Council Member Diane Dixon, Council Member
Duffy Duffield, Council Member Will O'Neill
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 291h day of June, 2022.
91AW, Z j ffio.—. "Equ "Jim=
Leilani I. Brown
City Clerk
Newport Beach, California