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HomeMy WebLinkAbout2021-114 - Supporting the Water Infrastructure Funding Act of 2022.RESOLUTION NO. 2021-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SUPPORTING THE WATER INFRASTRUCTURE FUNDING ACT OF 2022 WHEREAS, the challenges of a growing population in conjunction with prolonged droughts has exposed serious flaws with the State of California's water infrastructure; WHEREAS, the Water Infrastructure Funding Act of 2022, a citizens' ballot initiative to prioritize, fund, and streamline new water supply projects has been filed for qualification for the November 2022 general election ("Initiative" or "Act"); WHEREAS, the Initiative will amend the state constitution and provisions of the California Water Code, Public Resources Code, and Government Code to accomplish the following objectives: (1) Require the transfer of two percent (2%) of the state's General Fund Revenue each and every year into a trust account until the state certifies that water projects funded in whole, or in part, have created a minimum increase of five million acre- feet (5,000,000 AF) of additional annual water supply that can be reliably delivered to Californians every year thereafter; (2) Provide "pay-as-you-go" funding for certain water projects, including those ready for immediate construction, while also authorizing the issuance of general obligation bonds which may be repaid using up to half of the revenue transferred into the trust account each year for larger, longer-term water projects, all for the purpose of creating a minimum of five million acre-feet (5,000,000 AF) of additional annual water supply; (3) Require that such projects include new or increased storage capacity in reservoirs and aquifers, desalination, recycling and treatment of waste and stormwater, repair and upgrade to water systems for the delivery of clean, safe drinking water for homes and businesses, water for agricultural uses, and other projects designed to increase the safe and affordable supply of water to all Californians; and (4) Provide for streamlined administrative processing and judicial review of water projects funded in whole, or in part, by the Act or otherwise certified by the California Water Commission as a drought resiliency project that would help achieve a minimum of five million acre-feet (5,000,000 AF) of additional annual water supply capacity. Resolution No. 2021-114 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 support the Initiative to increase California's annual water supply by a minimum of five million acre-feet (5,000,000 AF), improve California's aging water infrastructure, construct new means to capture and deliver water to all parts of our state, and streamline the processing of water projects. 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. 2021-114 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 16th day of November 2021 ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE C ff Aar n 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. 2021-114 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 16th day of November, 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 17th day of November, 2021. Leilani I. Brown City Clerk Newport Beach, California