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HomeMy WebLinkAboutResolution 2021-085 N.C.S. 6/07/2021 Resolution No. 2021-085 N.C.S. Page 1 Resolution No. 2021-085 N.C.S. of the City of Petaluma, California RESOLUTION ADOPTING THE CITY OF PETALUMA 2020 URBAN WATER MANAGEMENT PLAN WHEREAS, the Urban Water Management Planning Act, Water Code Section 10610 et seq., (the Act) requires that every urban water supplier which provides 3,000 acre feet or more of water annually, or which directly or indirectly supplies water for municipal purposes to more than 3,000 customers, shall prepare an Urban Water Management Plan, the primary objective of which is to plan for the conservation and efficient use of water; and WHEREAS, the Act also requires all urban water purveyors serving over 3,000 customers or over 3,000 acre feet of water annually to develop a Water Shortage Contingency Plan; and WHEREAS, the Water Conservation Act of 2009, Senate Bill SBx7X7, requires a 20% reduction in per capita water use by 2020; and WHEREAS, requirements of the Water Conservation Act of 2009 applicable to urban water suppliers may be incorporated into the Urban Water Management Plan; and WHEREAS, the Urban Water Management Plan must be adopted after public review and a public hearing by the City, and after adoption by the City Council must be filed with the California Department of Water Resources and sent to the State Library; and WHEREAS, the Petaluma City Council conducted a public hearing on the City of Petaluma 2020 Urban Water Management Plan, including the SBx7X7 20% by 2020 water use reduction goals, and the City of Petaluma Urban Water Shortage Contingency Plan 2020 on May 17, 2021; and WHEREAS, in compliance with Section 10642 of the California Water Code and Government Code Section 6066, the City of Petaluma published a notice of the public hearing on April 15, 22, 29, May 6, and 13, 2021 in the Petaluma Argus Courier; and WHEREAS, environmental review was previously analyzed under the California Environmental Quality Act (CEQA) as part of the City’s General Plan Environmental Impact Report specifically policy 8-P-16; and WHEREAS, this proposed action does not constitute a “project under CEQA Guidelines Section 15378(b)(4-5) because approving the UWMP constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment; and WHEREAS, this action is exempt pursuant to California Water Code Section 10652 which explicitly exempts CEQA review to the preparation and adoption of Urban Water Management Plans or to projects which implement the Urban Water Management Plan pursuant to Water Code Section 10632; and WHEREAS, implementation of the UWMP is categorically exempt from environmental review under CEQA Guidelines Sections 15301 and 15302 as it applies the already existing water systems which may require the installation of minor water system facilities involving either minor alterations to existing facilities, or repair or replacement of existing facilities involving negligible or no expansion of water capacity; and the adoption of the DocuSign Envelope ID: 6EF215E8-29F9-41CC-90C5-AC9009EAAF2D Resolution No. 2021-085 N.C.S. Page 2 UWMP is also exempt from environmental review pursuant to CEQA Guidelines Section 15308 because it requires the implementation of management operations programs and plans to enhance and protect the environment by limiting the occurrence of water waste in the City; and this action is exempt under the feasibility and planning studies exemption, CEQA Guidelines Section 15262 as this is a study for future sewer and water rates and there are no cumulative impacts, unusual circumstances, or other factors that would make the exemption inapplicable pursuant to CEQA Guidelines section 15300.2. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma as follows: 1. Declares the above recitals are hereby declared to be true and correct and are incorporated into this resolution as findings of the City Council. 2. Finds the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) for the following reasons: a. Environmental review was previously analyzed under the California Environmental Quality Act (CEQA) as part of the City’s General Plan Environmental Impact Report specifically policy 8-P-16. b. This proposed action does not constitute a “project under CEQA Guidelines Section 15378(b)(4-5) because approving the UWMP constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. c. This action is exempt pursuant to California Water Code Section 10652 which explicitly exempts CEQA review to the preparation and adoption of Urban Water Management Plans or to projects which implement the Urban Water Management Plan pursuant to Water Code Section 10632 d. If this action did constitute a “project” under CEQA, the action would be categorically exempt under CEQA Guidelines Section 15262 as this is a study for future sewer and water rates pursuant to CEQA Guidelines Section 15300. Implementation of the UWMP is categorically exempt under CEQA Guidelines Sections15301 and 15302 as it applies the already existing sanitary sewer collection systems which may require the installation of minor sewer system facilities involving either minor alterations to existing facilities, or repair or replacement of existing facilities involving negligible or no expansion of sewer capacity. The adoption of the UWMP is also exempt from environmental review pursuant to CEQA Guidelines Section 15308 because it requires the implementation of management operations programs and plans to enhance and protect the environment by limiting the occurrence of sanitary sewer overflows in the City; and there are no cumulative impacts, unusual circumstances, or other factors that would make the exemption inapplicable. 3. Approves the City of Petaluma 2020 Urban Water management plan in accordance with the requirements of the Urban Water Management Planning Act and the Department of Water Resources. 4. Directs staff to authorize and execute documents pertaining to the certification of the City’s 2020 UWMP and to submit and upload the UWMP to the California Department of Water Resources and the California State Library within 30 days of adoption of the Plan. 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 Council of the City of Petaluma at a Regular meeting on the 7th day of June 2021, by the following vote: Approved as to form: __________________________ City Attorney DocuSign Envelope ID: 6EF215E8-29F9-41CC-90C5-AC9009EAAF2D Resolution No. 2021-085 N.C.S. Page 3 AYES: Mayor Barrett; Vice Mayor Barnacle; Fischer; Healy; King; McDonnell; Pocekay NOES: None ABSENT: None ABSTAIN: None ATTEST: ______________________________________________ City Clerk ______________________________________________ Mayor DocuSign Envelope ID: 6EF215E8-29F9-41CC-90C5-AC9009EAAF2D