The URL can be used to link to this page

Home My WebLink About05 - Repeal of Level Two Water Shortage and Water Supply UpdateTO: CITY OF NEWPORT BEACH City Council Staff Report April 25, 2023 Agenda Item No. 5 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Mark Vukojevic, Utilities Director - 949-644-3011, mvukojevic@newportbeachca.gov PREPARED BY: Mark Vukojevic, Utilities Director — 949-644-3011, mvukojevic@newportbeachca.gov PHONE: 949-644-3011 TITLE: Resolution No. 2023-22: Repeal of Level Two Water Shortage and Water Supply Update ABSTRACT: California and Orange County have received record levels of rainfall (and snowpack) this year, relieving the previous drought conditions. Governor Gavin Newsom issued an executive order, easing drought restrictions and ending the requirement that local water agencies implement Level Two of their drought contingency plans. On June 28, 2022 and November 29, 2022, the City Council enacted drought resolutions to comply with the Governor's drought mandates. With the record rainfall, the filling of the state's water reservoirs, and the health of our local groundwater basin, the City Council is asked to repeal Resolution No. 2022-88, ending the Level Two water shortage. RECOMMENDATIONS: a) Determine this 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 this action will not result in a physical change to the environment, directly or indirectly; and a) Adopt Resolution No. 2023-22, A Resolution of the City Council of the City of Newport Beach, California, Repealing Resolution No. 2022-46, which Declared a Level Two Water Supply Shortage, and Resolution No. 2022-88, which Extended the Declaration of a Level Two Water Supply Shortage. DISCUSSION: This year's rainfall and snowpack levels have brought a welcome relief to the drought. According to the California Department of Water Resources, "Consistent storms in late February and March have built up the Sierra snowpack to more than double the amount that California typically sees this time of year. Rainfall has also allowed for robust flows through the system..." The abundant Northern California rain has helped fill the state's largest reservoirs, including Shasta, Oroville and San Luis and much of that water is now being moved south into local reservoirs and treatment facilities, in anticipation of a massive amount of additional water from melting snow (the Northern California snowpack is nearly 200% of normal). This will help reduce the need for Colorado River water, which remains in limited supply. 5-1 Resolution No. 2023-22: Repeal of Level Two Water Shortage and Water Supply Update April 25, 2023 Page 2 In Orange County, the groundwater basin from which the City of Newport Beach (City) pumps nearly 80% of its water, is in excellent shape because of the rain. The wet winter brought about 25" of rainfall, with 14" being the seasonal average. This local rainfall has increased volume in the groundwater basin as the basin benefits from rainwater that is captured behind Prado Dam. Water is temporarily stored and then spread into recharge basins for natural percolation into the basin. There is other natural percolation that occurs and a reduced need for outdoor water helps retain more water in the basin. This is all in conjunction with the ongoing and expanding groundwater replenishment and reliability efforts led by the Orange County Water District as explained at the March 14, 2023 City Council Study Session. On March 24, 2023, in response to the state's record rainfall and snowpack levels, Governor Newsom issued Executive Order N-5-23, effectively ending the previous State of California (State) emergencies, easing State drought restrictions, and ending the requirement that local water agencies implement a Level Two Water Supply Shortage. Previously on March 28, 2022, Governor Newsom issued Executive Order N-7-22, which directed the State Water Resources Control Board (State Water Board) to adopt emergency regulations to increase water conservation and required urban water suppliers to implement Level 2 of their water shortage contingency plans. On June 22, 2022 and November 29, 2022, the Newport Beach City Council adopted Resolutions Nos. 2022-46 and 2022-88, Declaring a Level Two Water Supply Shortage to comply with State mandates. Newport Beach residents and businesses rose to the challenge and further conserved water. Staff now recommends that City Council repeal Resolutions Nos. 2022-46 and 2022-88, which declared a Level Two Water Supply Shortage pursuant to Newport Beach Municipal Code Section 14.16.070. Staff welcomes this relief to the community and will continue its efforts as a water conservation educator, promoting using water wisely, especially with the investment in the City's new digital AMI water meters. These new meters allow the City to detect leaks and allows customers electronic access to view and compare their water use in near real time. The permanent water use restrictions found in the City's Municipal Code will remain in effect. These permanent restrictions are focused on wasted water and prohibit landscape watering between 9 a.m. and 5 p.m., excessive runoff, and washing down of paved surfaces, and they require fixing leaks within 72 hours. FISCAL IMPACT: There is no fiscal impact related to this item. 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. 5-2 Resolution No. 2023-22: Repeal of Level Two Water Shortage and Water Supply Update April 25, 2023 Page 3 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). ATTACHMENT: Attachment A —Resolution No. 2023-22 5-3 ATTACHMENT A RESOLUTION NO. 2023- 22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, REPEALING RESOLUTION NO. 2022-46, WHICH DECLARED A LEVEL TWO WATER SUPPLY SHORTAGE, AND RESOLUTION NO. 2022-88, WHICH EXTENDED THE DECLARATION OF A LEVEL TWO WATER SUPPLY SHORTAGE 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 adding Section 996 to Title 23 of the California Code of Regulations ("Emergency Regulation"); WHEREAS, on June 28, 2022, the Newport Beach City Council ("City Council") adopted Resolution No. 2022-46 declaring a Level Two water supply shortage to comply with state mandates; WHEREAS, on November 29, 2022, the City Council extended the declaration of a Level Two water supply shortage to comply with state mandates, WHEREAS, Newport Beach residents and businesses have taken bold steps to reduce water use, and the City of Newport Beach and Orange County Water District have invested in water resiliency and water reliability within our groundwater basin; WHEREAS, California has received a record amount of rainfall and snow across the state which has improved California's water supply and ended the drought emergency; and WHEREAS, on March 24, 2023, Governor Newsom issued Executive Order N-5- 23, terminating the substantive provisions of Executive Order No. N-7-22 that required the City to declare a Level Two water supply shortage. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: 5-4 Resolution No. 2023- Page 2 of 3 Section 1: City Council does hereby repeal Resolution Nos. 2022-46 and 2022- 88, which declared a Level Two water supply shortage pursuant to Newport Beach Municipal Code Section 14.16.070. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 3: 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 4: 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. 5-5 Resolution No. 2023- Page 3 of 3 Section 5: 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 25th day of April, 2023. Noah Blom Mayor ATTEST: Leilani 1. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE a on C. Harp City Attorney 5-6