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HomeMy WebLinkAboutResolution 2018-124 N.C.S. 07/16/2018Resolution No. 2018-124 N.C.S. of the City of Petaluma, California RESOLUTION AUTHORIZING CITY MANAGER TO FILE APPLICATION FOR MODIFICATION OF THE CALIFORNIA DEPARTMENT OF WATER RESOURCES BULLETIN 118 DEFINED PETALUMA VALLEY GROUNDWATER BASIN BOUNDARY BASED ON JURISDICTION OF THE CITY OF PETALUMA WHEREAS, Governor Brown signed into law Senate Bills 1168 and 1319 and Assembly Bill 1739, collectively comprising the Sustainable Groundwater Management Act (SGMA), which took effect on January 1, 2015; and WHEREAS, the SGMA requires all high and medium priority basins as designated by the California Department of Water Resources (DWR) to undergo a process leading to sustainable management through formation and operation of Groundwater Sustainability Agencies (GSAs); and WHEREAS, the City of Petaluma, on May 1, 2017 authorized the City to become party to a Joint Exercise of Powers Agreement forming the Petaluma Valley Groundwater Sustainability Agency (PV GSA) joining with Sonoma County, Sonoma County Water Agency, Sonoma Resource Conservation District, and the North Bay Water District as managing agencies, and the GSA is in the process of preparing a Groundwater Sustainability Plan (GSP) for the Petaluma Valley Groundwater Basin; and WHEREAS, Section 10722.2 of the California Water Code, part of SGMA, provides that local agencies may request that the DWR revise the boundaries of a groundwater basin, and requires that DWR adopt regulations specifying the criteria to be used to evaluate proposed groundwater basin boundary revisions; and WHEREAS, DWR has promulgated regulations in California Code of Regulations Title 23, Division 2., Chapter 1.5, Subchapter 1, entitled Groundwater Basin Boundaries, Section 340 and following (Boundary Modification Regulations) that specify the processes by which a local agency may request a modification of groundwater basin boundaries as described in DWR Bulletin 118; and WHEREAS, in accordance with Section 343.2 of the Boundary Modification Regulations, a request for a boundary modification may be initiated by a local agency whose jurisdictional area lies within or borders an existing or proposed basin or sub basin for which boundary modification is sought; and WHEREAS, the City of Petaluma is a local agency whose jurisdictional area lies primarily within the Petaluma Valley Basin with a portion of its jurisdictional area within the Wilson Grove Formation Highlands Basin, and accordingly, the City of Petaluma is authorized to request a boundary modification in accordance with SGMA and Section 343.2 of the Boundary Modification Regulations; and Resolution No. 2018-124 N.C.S. Page 1 WHEREAS, the City of Petaluma is a California municipal corporation and charter city, incorporated in 1858, with the power to regulate land and water use throughout the City's corporate boundaries, including the entire area proposed for incorporation into the Petaluma Valley Groundwater Basin, pursuant to the City's police powers under Article 11, Sections 5 and 7 of the California Constitution, the City Charter, the Petaluma Municipal Code, the Petaluma General Plan 2025 and Implementing Zoning Ordinance, Ordinance No. 2300-N.C.S., and other applicable laws and regulations; and WHEREAS, pursuant to its constitutional and statutory powers, the City of Petaluma regulates land and water use throughout the entire City, including domestic and commercial water supply relying on wholesale water purchases from the Sonoma County Water Agency and production from the City's own wells, and connections to and operation of the City water system, as well as operation of wells within the City; and WHEREAS, the Petaluma Valley Groundwater Basin, basin number 2-01 in DWR Bulletin No. 118, is currently designated by DWR as medium priority and is proposed to be re- designated as high priority; and WHEREAS, the Wilson Grove Formation Highlands Groundwater Basin, basin number 1-59 in DWR Bulletin No. 118, is currently designated by DWR as very low priority and is proposed to be re -designated as medium priority; and WHEREAS, modification of the Petaluma Valley Groundwater Basin boundary as described in the map attached to and made a part of this resolution as Exhibit A would incorporate the jurisdictional area of the City of Petaluma that is currently in the Wilson Grove Formation Highlands Groundwater Basin into the Petaluma Valley Groundwater Basin; and WHEREAS, modification of the Petaluma Valley Groundwater Basin boundary as described in Exhibit A would promote sustainable groundwater management within the Petaluma Valley Groundwater Basin and bordering Wilson Grove Formation Highlands Groundwater Basin in accordance with the purposes of SGMA by avoiding the potential for inconsistent or conflicting groundwater management approaches that may result from dividing a single municipality, with local regulatory authority over land and water use within its entire boundaries, into separate groundwater basins and GSAs; and WHEREAS, the nearly -completed USGS Groundwater Study concerning the PV GWB has defined the technical study area for the Petaluma Valley differently than DWR's Bulletin 118, and includes in the study area the entire City, including those portions of the Wilson Grove GWB within the City; and WHEREAS, City staff are aware of no hydrologic or sustainable groundwater management reason why the portion of Petaluma within the proposed Wilson Grove GWB should be located in a separate basin and GSA from the rest of the City; and WHEREAS, Section 344.18 of the Boundary Modification Regulations requires the requesting agency to satisfy requirements of the California Environmental Quality Act (CEQA), including, if necessary, information to enable the DWR to satisfy the requirements of a responsible agency; and WHEREAS, the proposed modification of the PV GWB boundary is not a Project as defined by CEQA in accordance with Section 15378(b)(5) of the CEQA Guidelines because the Resolution No. 2018-124 N.C.S. Page 2 proposed boundary modification consists of organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma as follows: 1. The above recitals are hereby declared to be true and correct and to be findings of the City Council. 2. The proposed modification of the Petaluma Valley Groundwater Basin boundary is not a CEQA project in accordance with Section 15378(b)(5) of the CEQA Guidelines because the proposed boundary modification consists of organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. The City Manager is hereby authorized and directed to file as the City's Request Manager as defined in Section 341(w) of the Boundary Modification Regulations an application for a modification of the California Department of Water Resources Bulletin 118 defined Petaluma Valley Groundwater Basin boundary based on the jurisdiction of the City of Petaluma in accordance with all applicable requirements of the Boundary Modification Regulations and other applicable laws and regulations. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a Regular meeting on the 161h day of July 2018, rorrn'": by the following vote: City Attorney AYES: Albertson, Barrett, Mayor Glass, Vice Mayor Healy, Kearney, King, Miller NOES: None ABSENT: None ABSTAIN: None ATTEST: ft, UL�, City Clerk Mayor Resolution No. 2018-124 N.C.S. Page 3 Resolution No. 2018-124 N.C.S.