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HomeMy WebLinkAboutR-11296 adopting the Groundwater Sustainability PlanR 11296 RESOLUTION NO. 11296 (2021 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ACTING AS THE CITY OF SAN LUIS OBISPO GROUNDWATER SUSTAINABILITY AGENCY, ADOPTING THE SAN LUIS OBISPO VALLEY BASIN GROUNDWATER SUSTAINABILITY PLAN WHEREAS, the Sustainable Groundwater Management Act of 2014, California Water Code sections 10720-10737.8 (“SGMA”) was signed into law on September 16, 2014; and WHEREAS, SGMA requires that each groundwater basin be managed by a Groundwater Sustainability Agency (“GSA”), or multiple GSAs, and that such management be pursuant to an approved Groundwater Sustainability Plan (“GSP”), or multiple GSPs; and WHEREAS, on May 16, 2017 the City Council (“Council”) elected to form a GSA under SGMA, making it one of two GSAs within the San Luis Obispo Valley Basin; and WHEREAS, pursuant to Water Code Section 10727, SGMA requires that a GSP , or multiple GSPs, be developed and implemented by January 31, 2022 ; and WHEREAS, the City of San Luis Obispo GSA and County of San Luis Obispo GSA have collaboratively prepared a joint GSP for the San Luis Obispo Valley Basin , in accordance with Water Code Section 10727.2 to include all the components required by SGMA; and WHEREAS, the City of San Luis Obispo GSA is responsible for GSP implementation in all areas within the City limits and the County of San Luis Obispo GSA is responsible for GSP implementation in all areas outside of City limits ; and WHEREAS, the City of San Luis Obispo gave notice on July 10, 2021, pursuant to Water Code Section 10728.4 to affected cities and counties regarding the intent of the City of San Luis Obispo GSA to adopt the GSP; and WHEREAS, the City of San Luis Obispo GSA published a notice on November 25, 2021 in the New Times, a newspaper of general circulation in the City of San Luis Obispo, giving notice that a public hearing would be held on December 7, 2021 for the purpose of considering adoption of a GSP for its portion of the San Luis Obispo Valley Basin; and DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Resolution No. 11296 (2021 Series) Page 2 R 11296 WHEREAS, the regulations promulgated by State of California Department of Water Resources ("DWR") related to GSPs (California Code of Regulations , Title 23, Section 350 et seq.) ("GSP Regulations") identify the "Plan Manager" as a person appointed by the relevant GSA(s) as the authorized representative to submit the GSP and other information required by SGMA and the GSP Regulations to DWR, including annual reports, and to otherwise serve as the point of contact with DWR; and WHEREAS, upon adoption of the GSP, Water Code Section 10733.4 requires that the GSP be submitted to DWR for review on or before January 31, 2022. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The above recitals are true and correct. SECTION 2. The City Council of the City of San Luis Obispo does hereby adopt the San Luis Obispo Valley Basin Groundwater Sustainability Plan (“GSP”), and directs staff to complete any minor, administrative changes to the GSP that are required by the State of California Department of Water Resources (“DWR”) for certification. Should DWR require substantive changes to the GSP adopted herein, staff shall bring such changes back to Council for review and adoption. SECTION 3. The County of San Luis Obispo is hereby authorized and d irected to provide notification of this adoption to DWR, including a copy of this Resolution, the adopted GSP, and any additional information required by law. SECTION 4. The City Council of the City of San Luis Obispo does hereby authorize the County of San Luis Obispo Groundwater Sustainability Director, or designee, to act as the GSP Plan Manager and to do the fol lowing on behalf of the San Luis Obispo Valley Basin GSAs: (a) to submit the San Luis Obispo Valley Basin GSP to DWR; (b) to submit Annual Reports to DWR; and (c) to otherwise serve as the point of contact with DWR on behalf of the San Luis Obispo Valley B asin GSAs. Without limiting the foregoing, the County of San Luis Obispo Groundwater Sustainability Director, or designee, is hereby authorized to provide to DWR all information necessary for DWR's evaluation of the San Luis Obispo Valley Basin GSP. DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Resolution No. 11296 (2021 Series) Page 3 R 11296 SECTION 5. Preparation and adoption of the Groundwater Sustainability Plan is statutorily exempt from review under the California Environmental Quality Act (CEQA) pursuant to California Water Code Section 10728.6. Adoption of the GSP does not authorize implementation of specific projects identified in the GSP, and any implementation of such projects would be subject to CEQA review at the time the project is considered for approval and implementation. On motion of Council Member Pease, seconded by Vice Mayor Christianson, and on the following roll call vote: AYES: Council Member Marx, Pease, Shoresman, Vice Mayor Christianson, and Mayor Stewart NOES: None ABSENT: None The foregoing resolution was passed and adopted this 7 th day of December 2021. ___________________________ Mayor Erica A. Stewart ATTEST: ___________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: ____________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________ Teresa Purrington City Clerk DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 12/13/2021 | 4:48 PM PST