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HomeMy WebLinkAbout04 - Adoption of 2015 Amended Urban Water Management PlanPORT CITY OF O � _ i NEWPORT BEACH City Council Staff Report <i FO RN April 10, 2018 Agenda Item No. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Steffen Catron, Acting Municipal Operations Director, 949-644- 3011, scatron _newportbeachca.gov PREPARED BY: Steffen Catron, Acting Municipal Operations Director TITLE: Adoption of 2015 Amended Urban Water Management Plan ABSTRACT: The Urban Water Management Plan (UWMP) is prepared every five years by California urban water suppliers to support long-term resource planning and ensure adequate water supplies are available to meet existing and future water demands. The City's 2015 UWMP was adopted by Resolution No. 2016-83 on June 28, 2016. After submitting the City's adopted 2015 plan to the California Department of Water Resources (DWR), the DWR determined the plan did not meet all California Water Code requirements and required amendments to the adopted plan. A public hearing was held at the March 27, 2018 City Council meeting to receive comments from the public. The plan is returning to the City Council for adoption. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2018-19, A Resolution of the City Council of the City of Newport Beach, California, Adopting the 2015 Amended Urban Water Management Plan; and c) Direct staff to fulfill the notification requirements set forth by the Water Code once the UWMP is adopted. FUNDING REQUIREMENTS: There are no funding requirements associated with this action. 4-1 Adoption of 2015 Amended Urban Water Management Plan April 10, 2018 Page 2 DISCUSSION: Every five years, California urban water suppliers must support long-term resource planning and ensure adequate water supplies are available to meet existing and future water demands. The City's 2015 Urban Water Management Plan contains components set forth by the Department of Water Resources that must be met. Staff developed realistic projections that make the plan unique and a reliable source for forecasting. This year's plan includes topics on: • Water service area, facilities, sources and supplies • Water use by customer type • Distribution system water losses • Demand management measures • Water supply reliability • Planned water supply projections and programs • And recycled water use The 2015 UWMP was adopted by resolution on June 28, 2016, and submitted to the DWR by July 1, 2016. On October 20, 2017, the DWR notified the City that there were items in the plan that did not address the requirements of the California Water Code (CWC) and requires an amendment to the UWMP. The revisions to the amended plan includes: • 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. • 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. • SB X7-7 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. • SB X7-7 Table 4— Includes calculations to substantiate volume of indirect potable reuse of recycled water reported in SB X7-7 to address CWC 10608.52 (b). In addition to these revisions, the City is required to add Section 8.4 that provides an outline of the steps the City is taking to adopt the Amended UWMP including notice of a public hearing, holding a public hearing, adopting the UWMP, and submitting the UWMP to the appropriate agencies. 4-2 Adoption of 2015 Amended Urban Water Management Plan April 10, 2018 Page 3 Table 8-3: External Coordination and Outreach for Resubmitting UWMP Due to the size of the documents, the amended 2015 UWMP and appendices are available on the City's web site at www.newportbeachca.gov/qovernment/departments/ municipal -operations and at the City Clerk's Office. A public hearing was held on March 27, 2018 to collect comments from the City Council and the public. During the public hearing, a comment was made by a member of the public suggesting that staff present the UWMP at the Water Quality/Tidelands Committee to collect comments. For future UWMPs, staff intends to place an item on the agenda of the Water Quality/Tidelands Committee to solicit input on the drafting of the UWMP. The next step in the process is adoption of the plan by the City Council. Once adopted, the California Department of Water Resources requires submission of the plan no later than 30 days after adoption. Following this action, the plan will then be submitted to the California Library and the County of Orange. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action 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. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Resolution No. 2018-19 4-3 Public notification 03/10/18 and 03/17/18 Complete Hold public hearing 03/27/18 Complete Adopt UWMP 04/10/2018 Pending Submit UWMP to DWR TBD Pending Submit UWMP to the California State Library and city or county within the supplier's service area TBD Pending Make UWMP available for public review TBD Pending Due to the size of the documents, the amended 2015 UWMP and appendices are available on the City's web site at www.newportbeachca.gov/qovernment/departments/ municipal -operations and at the City Clerk's Office. A public hearing was held on March 27, 2018 to collect comments from the City Council and the public. During the public hearing, a comment was made by a member of the public suggesting that staff present the UWMP at the Water Quality/Tidelands Committee to collect comments. For future UWMPs, staff intends to place an item on the agenda of the Water Quality/Tidelands Committee to solicit input on the drafting of the UWMP. The next step in the process is adoption of the plan by the City Council. Once adopted, the California Department of Water Resources requires submission of the plan no later than 30 days after adoption. Following this action, the plan will then be submitted to the California Library and the County of Orange. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action 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. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Resolution No. 2018-19 4-3 ATTACHMENT A RESOLUTION 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 - 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. 4-5 Resolution No. 2018 - 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 10th day of April, 2018. Marshall "Duffy" Duffield Mayor ETA a 1: 6119 Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp (AM 0517,11 a' City Attorney 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). 4-7