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
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