HomeMy WebLinkAboutResolution 2022-129 N.C.S. 08/01/2022
Resolution No. 2022-129 N.C.S. Page 1
Resolution No. 2022-129 N.C.S.
of the City of Petaluma, California
REPEALING RESOLUTION NO. 2021-102 N.C.S. AND ADOPTING THE CITY OF PETALUMA AMENDED 2020 WATER SHORTAGE CONTINGENCY PLAN
WHEREAS, the Urban Water Management Planning Act, Water Code Section 10610 et seq., (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 (UWMP), 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 (WSCP); and WHEREAS, the 2018 Water Conservation Legislation established long-term water conservation and drought
planning to adapt to climate change and the resulting longer and more intense drought in California; and
WHEREAS, requirements of the 2018 Water Conservation Legislation applicable to water shortage contingency planning must be incorporated into the WSCP; and
WHEREAS, the WSCP 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, on June 21, 2022, the Petaluma City Council adopted the 2020 WSCP by Resolution No. 2021-
102 N.C.S., and on May 4, 2022, the Department of Water Resources approved the City of Petaluma 2020 UWMP and 2020 WSCP; and WHEREAS, on September 13, 2021, the City Council adopted Resolution No. 2021-150 N.C.S. declaring a
local drought emergency; and
WHEREAS, the WSCP is a large component of the UWMP (Chapter 8) and is also adopted by a separate resolution so that the WSCP may be amended separately from the UWMP update process; and WHEREAS, the WSCP is best prepared and implemented as an adaptive management plan, giving the City the ability to revise it as necessary during a water shortage emergency to meet demand reduction targets; and
WHEREAS, due to three consecutive dry years and drought conditions in our region, the City has been implementing its 2020 WSCP since June 2021; and WHEREAS, over the past year, the City has received feedback from water customers, developers, and City
Councilmembers regarding water use restrictions of the 2020 WSCP and ways the City may improve the WSCP to respond to water shortage conditions more effectively; and WHEREAS, the City prepared the Amended 2020 WSCP in accordance with water customer feedback and adapted the plan to help the City respond more effectively to short- and longer-term water shortage emergencies;
and
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WHEREAS, it is recommended that the City Council repeal Resolution No. 2021-102 N.C.S. adopting the
2020 WSCP, and adopt the Amended 2020 WSCP; and
WHEREAS, the 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 UWMPs or to projects that implement the UWMP, like the
WSCP, pursuant to Water Code Section 10632; and WHEREAS, implementation of the UWMP is categorically exempt from environmental review under CEQA Guidelines sections15301 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 WSCP is also exempt from environmental review pursuant to CEQA Guidelines Sections 15307 and 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 CEQA Guidelines
Sections 15304, minor alterations to land; and
WHEREAS, additionally this action is exempt pursuant to the “Emergency Exception” in CEQA Guideline section 15269(c) as this action is necessary to mitigate an emergency, pursuant to the local drought emergency declared by City Council on September 13, 2021, with Resolution No. 2021-150 N.C.S..
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 UWMPs or to projects which implement the UWMP like the WSCP 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
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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 Sections 15307 15308 because it requires the implementation of management operations programs and plans to enhance and protect the environment by reducing the demand for water in the City.
e. Moreover, this action is exempt pursuant to CEQA Guidelines Sections 15304, minor alterations to land as this amended WSCP regulates the use of land. Moreover, this action is exempt pursuant to the “Emergency Exception” in CEQA Guideline section 15269(c) as this action is necessary to mitigate an emergency, pursuant to the local drought emergency declared by City Council on September 13, 2021,
with Resolution No. 2021-150 N.C.S.
3. Finds that Resolution No. 2021-102 N.C.S is hereby repealed and replaced and superseded in its entirety by this resolution.
4. Approves the City of Petaluma Amended 2020 Water Shortage Contingency Plan in accordance with the
requirements of the Urban Water Management Planning Act and the Department of Water Resources. 5. Directs staff to authorize and execute documents pertaining to the certification of the City’s Amended 2020 WSCP and to submit and upload the Amended 2020 WSCP to the California Department of Water Resources
and the California State Library within 30 days of the 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 1st day of August 2022, by the following vote:
Approved as to form: __________________________ City Attorney
AYES: Mayor Barrett, Vice Mayor Pocekay, Fischer, Healy, King, McDonnell
NOES: Barnacle
ABSENT: None
ABSTAIN: None
ATTEST: ______________________________________________ City Clerk ______________________________________________ Mayor
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