HomeMy WebLinkAbout2021-55 - Adopting A Water Shortage Contingency PlanRESOLUTION NO. 2021-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADOPTING A
WATER SHORTAGE CONTINGENCY PLAN
WHEREAS, the Urban Water Management Planning Act, California Water Code
Section 10610 et seq. ("Act"), mandates 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, and
further mandates it be updated at least once every five years, reviewed periodically, and
any amendments or changes to the UWMP indicated by the review be adopted;
WHEREAS, California Water Code Section 10632 requires urban water suppliers
to prepare and adopt a Water Shortage Contingency Plan ("WSCP") as part of UWMP;
WHEREAS, the City of Newport Beach ("City") is an urban water supplier under
the Act;
WHEREAS, the City must file its WSCP along with its 2020 UWMP with the
California Department of Water Resources by July 1, 2021;
WHEREAS, pursuant to California Water Code Section 10652, the California
Environmental Quality Act (Division 13, commencing with Section 21000, of the
California Public Resources Code) ("CEQA") does not apply to the preparation and
adoption of a WSCP as part of a UWMP; and
WHEREAS, a public hearing was held by the City Council on June 8, 2021 at
4:00 p.m., or soon thereafter, in the Council Chambers located at 100 Civic Center
Drive, Newport Beach, California, in person and via teleconferencing, observing
restrictions due to the Declaration of a State Emergency and Proclamation of Local
Emergency related to COVID-19. A notice of time, place and purpose of the public
hearing was given in accordance with California Water Code Section 10642, California
Government Code Section 6066, and California Government Code Section 54950 et
seq. ("Ralph M. Brown Act"). Evidence, both written and oral, was presented to, and
considered by, the City Council at this public hearing.
Resolution No. 2021-55
Page 2 of 3
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby adopt the City's WSCP as part of the
2020 UWMP and directs that it be filed with the City Clerk, filed with the California
Department of Water Resources no later than July 1, 2021, and filed with the California
State Library and the County of Orange within 30 days of the adoption of this resolution.
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 ("CEQK) pursuant to California Water Code
Section 10652 and further 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. 2021-55
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 8th day of June, 2021.
ATTEST:
F411"XINh j 111
Leilani 1. C •w1
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AarJn C. Harp
City Attorney
Brav
Ma
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. 2021-55 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 8th day of June, 2021; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom, Council
Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield,
Council Member Will O'Neill
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 91h day of June, 2021.
Leilani I. Brown
City Clerk
Newport Beach, California