HomeMy WebLinkAboutCC Res 7410 2023-05-22 RESOLUTION 7410
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
RESCINDING RESOLUTION 7139, DECLARING A
LEVEL 2 WATER SUPPLY SHORTAGE, AND
REDUCING TO A LEVEL 0 WATER SUPPLY
SHORTAGE
WHEREAS, on April 21 , 2021, May 10, 2021, July 8, 2021, and October 19,
2021, Governor Newsom proclaimed States of Emergency to exist due to
drought conditions; and,
WHEREAS, on July 8, 2021, Governor Newsom issued Executive Order N-10-21
directing local agencies to encourage all Californians to reduce water usage in
residential, industrial, commercial, agricultural, or institutional use; and,
WHEREAS, on March 28, 2022, Governor Newsom issued Executive Order N-7-
22 directing the State Water Resources Control Board ("State Water Board") to
consider adopting drought emergency water conservation regulations to prepare
for and mitigate the effects of the drought conditions, specifically requiring all
urban water suppliers to activate their Water Shortage Contingency Plans
(WSCPs) and implement the response actions identified for a shortage level of at
least twenty (20) percent; 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 requiring all urban water suppliers
who submitted a WSCP to the Department of Water Resources (DWR) to
implement, at minimum, all demand reduction actions identified in the supplier's
WSCP for a shortage level of ten (10) to twenty (20) percent; and,
WHEREAS, on July 25, 2022, the City of Seal Beach City Council ("City Council")
adopted Resolution 7139 declaring a Level 2 Water Supply Shortage, as defined
in the City's WSCP, to comply with state mandates: and,
WHEREAS, Seal Beach residents, businesses, and other local institutions have
taken bold steps to reduce water use by more than 20 percent, 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, 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, following significant rainfall and snowpack in the
first quarter of 2023 improving California's water supply, Governor Newsom
issued Executive Order N-5-23, terminating the substantive provisions of
Executive Order N-7-22 that required the City to declare a Level 2 water supply
shortage; and,
WHEREAS, pursuant to the Seal Beach Municipal Code Section 9.37.020, the
City Council may take action by resolution to declare, change, and rescind, as
applicable, the particular stage of the water supply shortage; and,
WHEREAS, the statewide permanent drought restrictions continue to ban
wasteful water uses and prohibit water waste, regardless of drought conditions;
and,
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY
RESOLVE:
Section 1. The City Council does hereby rescind Resolution 7139, which
declared a Level 2 Water Supply Shortage pursuant to Seal
Beach Municipal Code 9.37.020.
Section 2. In accordance with Seal Beach Municipal Code Section 9.37.015
(Permanent Mandatory Water Conservation Measures), the
following water use restrictions for a Level 0 Water Supply
Shortage (normal water supply conditions) will continue to be
imposed:
A. Watering or irrigating of lawns, landscaping, and other vegetated areas
with potable water between 9:00 a.m. and 5:00 p.m. on any day, except by
use of a hand-water shut-off nozzle or device, or for a very short period of
time for the limited purpose of adjusting or repairing an irrigation system.
B. No water user shall cause or allow watering or irrigation of lawn,
landscape or other vegetated area with potable water using a landscape
irrigation system or a watering device that is not continuously attended for
longer than 15 minutes watering per day per station. This section does not
apply to landscape irrigation systems that exclusively use very low-flow
drip type irrigation systems where no emitter produces more than 2
gallons of water per hour and weather-based controllers or stream rotor
sprinklers that meet a 70% efficiency standard.
C. No person shall wash a motor vehicle, trailer, boat or other type of mobile
equipment other than by a hand-held bucket or by a hose equipped with a
positive shut-off nozzle. This prohibition shall not apply to washing
performed at a commercial car wash.
D. No person shall operate a water fountain or other decorative water feature
that does not use re-circulated water.
E. No water user shall cause or allow water to run off landscape areas into
adjoining streets, sidewalks, driveways, alleys, gutters, ditches or any
paved surfaces due to incorrectly maintained sprinklers, excessive
watering or use.
F. 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 7 days.
G. Restaurants shall not offer water service and shall serve water only to a
customer that specifically requests water.
H. No person shall install non-recirculating water systems in connection with
commercial conveyor car wash and commercial laundry systems. Effective
on January 1, 2010, the owner or operator of any commercial conveyor
car wash system shall install operational recirculating water systems, or
secure a waiver of this requirement from the director.
I. No person shall install single pass cooling systems in connection with new
water service.
J. Water shall not be used to wash down sidewalks, hard or paved surfaces,
including but not limited to sidewalks, walkways, driveways, parking areas,
tennis courts, patios or alleys. Notwithstanding this prohibition, a water
user may wash down such surfaces when necessary to alleviate safety or
sanitary hazards, and then only by use of a handheld bucket or similar
container, a handheld hose equipped with a positive self-closing water
shut-off device, a low volume. high-pressure cleaning machine equipped
to recycle any water used, or a low-volume high-pressure water broom.
K. No landscape watering shall occur within 48 hours after measurable
precipitation.
L. Irrigating ornamental turf on public street medians is prohibited.
Section 3. This rescinding of a Level 2 water supply shortage and the
continuation of 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.
Section 4. The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 5. 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 6. Based upon the Governor's Executive Order N-5-23, rescinding of
a Level 2 Water Supply Shortage and approving a Level 0 Water
Supply Shortage is categorically exempt from the California
Environmental Quality Act ("CEQA") unfrt State CEQA Guidelines
15307 (actions by regulatory agencies for protection of natural
resources).
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.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 22th day of May, 2023 by the following vote:
AYES: Council Members: Kalmick, Landau, Moore, Steele, Sustarsic
NOES: Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: None
Thomas Moore, Mayor
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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 7410 on file in the office of
the City Clerk, passed, approved, and adopted by the City Council at a regular
me-ting held on the 22tt' day of May 2023.
41,1
loria D. Ha :er, City Clerk