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HomeMy WebLinkAboutCC Res 7319 2022-07-25 RESOLUTION 7319 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING A LEVEL 2 WATER SUPPLY SHORTAGE AS MANDATED BY THE STATE WATER RESOURCES CONTROL BOARD WHEREAS, California is currently experiencing a state-wide drought; and, 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 continency plans; and, 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"); and, 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 eleven (11) to twenty (20) percent (Level 2); and, WHEREAS, Seal Beach residents, businesses, and other local institutions have taken bold steps over the years to reduce water use and the City of Seal Beach and the Orange County Water District (OCWD) have invested in water resiliency and water reliability within our groundwater basin; and, 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; and, 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; and,, WHEREAS, Governor Newsom and the State Water Board have determined that I L additional conservation actions from urban water suppliers, residents, and the commercial, industrial, and institutional (CII) sectors are required; and, WHEREAS, these additional conservation actions will help State and local water supplies; and, NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council does hereby declare a Level 2 Water Supply Shortage to comply with the State Water Board's Emergency Regulation mandating implementation of demand reduction actions associated with the Level 2 Water Supply Shortage condition as identified in the City's Water Shortage Contingency Plan. Section 2. In accordance with Seal Beach Municipal Code Section 9.37 (Water Shortage Contingency Response Ordinance), the following water use restrictions for a Level 2 Water Supply Shortage condition are imposed: A. Irrigation of any lawn. landscape, or other vegetated areas using potable water is limited to three (3) times per week. This restriction does not apply with the following: 1 . Maintenance of vegetation, including trees and shrubs, that is watered using a hand-held bucket similar container, a hand-held hose equipped with a positive self-closing water shut-off muzzle or device, or a 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. Agricultural users and commercial nurseries shall curtail all non-essential water use, but are otherwise exempt from Level 2 measures. Watering of livestock and irrigation of propagation beds are permitted at any time. C. Each water user shall repair all leaks from indoor and outdoor plumbing fixture at the user's premises. Such water user shall eliminate any loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system promptly after discovering the leak and in no event in less than four (4) days. Section 3. 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. Upon determining that water shortage conditions no longer exist, the City Council shall adopt a resolution declaring an end to the water shortage. Section 4. Pursuant to Section 5 of the Governor's Executive Order N-7-22, the adoption of this resolution is not subject to the California Environmental Quality Act (CEQA) or State CEQA Guidelines. Section 5. The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. 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. Section 7. 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. Section 8. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. I I II y PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 25th day of July, 2022 by the following vote: AYES: Council Members: Kalmick, Moore. Sustarsic, Varipapa NOES: Council Members: Massa-Lavitt ABSENT: Council Members: None ABSTAIN: Council Members: None iy,4,G{ Joe' almick, Mayor ��SEAI ,„ o ! 11' fihk 1� � Gloria D. Har Tr, City Clerk CFC 6 7 N%-sts0 N STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7319 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 25th day of July, 2022. 114* , Gloria D. Harp.-r, City Clerk