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HomeMy WebLinkAbout2023-22 - 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 ShortageRESOLUTION 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: Resolution No. 2023-22 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. Resolution No. 2023-22 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 25t" day of April, 2023. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aa on 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. 2023-22 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 251h day of April, 2023; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Noah Blom, Mayor Pro Tern Will O'Neill, Council Member Brad Avery, Council Member Robyn Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton, Council Member Erik Weigand NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 26th day of April, 2023. ovw_, (R. - Leilani I. Brown City Clerk Newport Beach, California --- � Ca NOP