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HomeMy WebLinkAboutCC Res 7290 2022-05-23 RESOLUTION 7290 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA ADOPTING THE WATER SHORTAGE CONTINGENCY PLAN, AMENDED MAY 2022 WHEREAS, the California Urban Water Management Planning Act, (Wat. Code §10610, et seq. (the Act)), mandates that every urban supplier of water providing water for municipal purposes to more than 3,000 customers or supplying more than 3,000 acre-feet of water annually, prepare and adopt, in accordance with prescribed requirements, a Water Shortage Contingency Plan (WSCP) as part of its Urban Water Management Plan (Plan); and, WHEREAS, the Act specifies the requirements and procedures for adopting such WSCPs; and, WHEREAS, pursuant to the Act, "urban water supplier" means a supplier, either publicly or privately owned, providing water for municipal purposes either directly or indirectly to more than 3,000 customers or supplying more than 3,000 acre-feet of water annually. An urban water supplier includes a supplier or contractor for water, regardless of the basis of right, which distributes or sells for ultimate resale to customers; and, WHEREAS, the City of Seal Beach (City) meets the definition of an urban water supplier for purposes of the Act and is required to prepare and adopt and WSCP as part of its 2020 Plan; and, WHEREAS, the City has prepared a WSCP in accordance with the Act, and in accordance with applicable legal requirements, has undertaken certain coordination, notice, public involvement, public comment, and other procedures in relation to its WSCP; and, WHEREAS, on June 14, 2021, the City adopted Resolution 7165 adopting the 2020 WSCP; and, WHEREAS, the Water Code allows urban water suppliers to amend the WSCP as needed; and, WHEREAS, in accordance with the Act, the City prepared its first amendment to the 2020 WSCP in May 2022 (Amendment), with its own staff, with the assistance of consulting professionals, and in cooperation with other governmental agencies, and has utilized and relied upon industry standards and the expertise of industry professionals, and has also utilized the California Department of Water Resources' (DWR) Urban Water Management Plan Guidebook 2020, including its related appendices, in preparing the Amendment; and, WHEREAS, in accordance with applicable law, including Water Code section 10642, and Government Code section 6066, a Notice of a Public Hearing regarding adoption of the Amendment was published within the jurisdiction of the City on May 5, 2022. and May 12, 2022; and, WHEREAS, in accordance with applicable law, including but not limited to Water Code sections 10642 and 375, a public hearing was held on May 23, 2022 at 7:00 PM or soon thereafter, in the Council Chambers of the City located at 211 8th Street, Seal Beach, in order to provide members of the public and other interested entities with the opportunity to be heard in connection with proposed adoption of the Amendment and issues related thereto; and, WHEREAS, pursuant to said public hearing on the Amendment, the City, among other things, encouraged the active involvement of diverse social, cultural, and economic members of the community within the City's service area with regard to the Amendment and encouraged community input regarding the Amendment; and, WHEREAS, the Seal Beach City Council has reviewed and considered the purposes and requirements of the Act, the contents of the Amendment, and the documentation contained in the administrative record in support of the Amendment. and has determined that the factual analyses and conclusions set forth in the Amendment are legally sufficient; and, WHEREAS, the City desires to adopt the Amendment and to incorporate it as part of its 2020 Water Shortage Contingency Plan. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1. The adoption of the City's 2020 Water Shortage Contingency Plan, amended May 22 is hereby determined to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Water Code sections 10632 and 10652, and pursuant to Sections 15282 and 15307 of the State CEQA Guidelines. SECTION 2. The 2020 Water Shortage Contingency Plan, amended May 2022 (Amendment), is hereby adopted as amended by changes incorporated by the Seal Beach City Council as a result of input received (if any) at the public hearing and ordered filed with the City Clerk's Office and shall be incorporated into the Amendment. SECTION 3. The City Manager or her designee is hereby authorized and directed to include a copy of this Resolution in the City of Seal Beach's WSCP and/or in the City of Seal Beach's 2020 Plan. SECTION 4. The City Manager or her designee is hereby authorized and directed, in accordance with Water Code sections 10621(d) and 10644(a)(1)- (2), to electronically submit a copy of the Amendment to DWR. SECTION 5. The City Manager or her designee is hereby authorized and directed, in accordance with Water Code section 10644(a), to submit a copy of the Amendment, as part of its 2020 Plan, to the California State Library, and to any city or county within which the City provides water supplies no later than thirty (30) days after this adoption date. SECTION 6. The City Manager or her designee is hereby authorized and directed, in accordance with Water Code section 10645, to make the Amendment available for public review at the City of Seal Beach Administration Building during normal business hours and on its website at sealbeachca.gov no later than thirty (30) days after filing a copy of the Amendment, as part of its 2020 Plan. with DWR. SECTION 7. The document and materials that constitute the record of proceedings on which this resolution and the above findings have been based are located at 211 8th Street, Seal Beach, CA 90740. The custodian for these records is the City Clerk. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 23rd day of May, 2022 by the following vote: AYES: Council Members: Kalmick, Massa-Lavitt, Moore, Sustarsic, Varipapa NOES: Council Members: None ABSENT: Council Members: None ABSTAIN: Council Members: None Q��YL� Joe Kalmick, Mayor (YAN. \� *I cri_ t:, _ Gloria D. Harper, City Cler' • ,Q �UNT (Ca�� STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7290 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 23rd day of May, 2022. Gloria D. Harper, City Clerk