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HomeMy WebLinkAbout2018-19 - Adopting the 2015 Amended Urban Water Management PlanRESOLUTION NO. 2018-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA ADOPTING THE 2015 AMENDED URBAN WATER MANAGEMENT PLAN WHEREAS, the California Legislature enacted Assembly Bill 797 (Water Code Section 10610 et seq., known as the Urban Water Management Planning Act) during the 1983-84 Regular Session, and subsequent amendments mandate every urban water supplier providing water for municipal purposes to more than 3,000 customers or supplying more than 3,000 acre-feet of water annually to prepare an Urban Water Management Plan ("UWMP"), the primary objective of which is to plan for the conservation and efficient use of water; WHEREAS, Water Code section 10621 requires urban water supplies to update its UWMP at least once every five years generally in years ending in five and zero, with exceptions for 2015 (due July 1, 2016) and 2020 (due July 1, 2021); WHEREAS, after initial introduction of the City of Newport Beach's 2015 Urban Water Management Plan ("2015 UWMP") on May 24, 2016 and a public hearing on June 14, 2016, the City Council adopted the 2015 UWMP on June 28, 2016 and directed staff to file the 2015 UWMP with the California Department of Water Resources and submit the 2015 UWMP to the California State Library and County of Orange by July 28, 2016; WHEREAS, on October 20, 2017, the California Department of Water Resources notified the City of Newport Beach ("City") that there were items in the 2015 UWMP that did not address the requirements of the Water Code and that the City needed to adopt amendments to the 2015 UWMP ("Amendments"), which have been memorialized in the 2015 Amended Urban Water Management Plan ("2015 Amended UWMP"); WHEREAS, Water Code section 10621 requires the 2015 Amended UWMP be adopted and filed as set forth in Water Code section 10640 et seq. Water Code section 10642 requires the City, prior to adopting the 2015 Amended UWMP, to make the 2015 Amended UWMP available for public inspection and hold a public hearing. Water Code section 10644 requires the City, no later than 30 days after their adoption, to submit the 2015 Amended UWMP to the California Department of Water Resources, the California State Library, and any city or county within which the City supplies provides water; WHEREAS, the 2015 Amended UWMP was made available for public inspection on March 10, 2018, WHEREAS, the City Council of the City of Newport Beach held a noticed public hearing on the 2015 Amended UWMP at its regular meeting on March 27, 2018; and Resolution No. 2018-19 Page 2 of 3 WHEREAS, by adopting this resolution, the City Council intends to adopt the 2015 Amended UWMP and direct staff to file the 2015 Amended UWMP with the California Department of Water Resources and submit the 2015 Amended UWMP to the California State Library and County of Orange, California by May 10, 2018. NOW THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: The City Council does hereby adopt and order filed with the City Clerk the 2015 Amended UWMP, the specific Amendments of which are attached hereto as Exhibit "A" and incorporated herein by this reference. The full text of the 2015 Amended UWMP is located at http://www.newportbeachca.gov/government/departments/ municipal -operations and is on file with the City Clerk. The Municipal Operations Department Acting Director or designee is hereby authorized and directed to file the 2015 Amended UWMP with the California Department of Water Resources and submit the 2015 Amended UWMP to the California State Library and County of Orange, California within 30 days of the date of this resolution (i.e. May 10, 2018). Section 2: The recitals provided above 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, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 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. M ADOPTED this loth day of April, 2018. ETA i0*all Browneilani 1. City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney Resolution No. 2018-19 Page 3 of 3 /aIrs 4ha I D u Duffield Mayor Attachment(s): Exhibit A — Amendments to 2015 Urban Water Management Plan Exhibit "A" City of Newport Beach Amendments to 2015 Urban Water Management Plan Revisions to Section 5.2.1 Table 5-1 — Provides an outline of specific water supply conditions applicable to each stage of water supply reduction as well as assigning percent reduction in water supply to each stage up to a 50 percent reduction to address CWC 10632. Revisions to Section 5.5.4 Table 5-4 — Provides additional consumption reduction methods to address CWC 10632 (a) (5) and provides context for the stages for water supply reduction. Addition of Section 8.4 — Provides an outline of the steps the City is taking to adopt the Amended UWMP including publicizing a public hearing, holding a public hearing, adopting the UWMP, and submitting the UWMP to the appropriate agencies. Revisions to SBX 7-7 Table 2 — Deselects "DOF" as the method for population estimates and selects "Method 4 Other" to reflect the use of CSU Fullerton Center for Demographic Research data. Revisions to SBX 7-7 Table 4 — Includes calculations to substantiate volume of indirect recycled water reported in SBX7-7 to address CWC 10608.52 (b). 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. 2018-19 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 101h day of April, 2018, and the same was so passed and adopted by the following vote, to wit: AYES: Council Member Herdman, Council Member Kevin Muldoon, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Brad Avery, Mayor Pro Tem Will O'Neill, Mayor Duffy Duffield NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said Citythis 111, day of April, 2018. rt RIM RJ, OVERALM Leilani I. Brown City Clerk Newport Beach, California