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Resolution No. 8751 1 2 RESOLUTION NO. 8751 3 4 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON AUTHORIZING THE ISSUANCE OF REQUEST FOR PROPOSAL FOR THE PREPARATION OF A URBAN WATER MANAGEMENT PLAN FOR THE CITY OF VERNON 6 WHEREAS, the City of Vernon is interested in obtaining 7 proposals from qualified consulting firms to prepare an Urban Water 8 Management Plan (the "Plan") to assist the City in complying with the 9 California Department of Water Resources Guidebook requirements and 10 the Urban Water Management Planning Act, California Water Code 11 Sections 10610, et seq.; and 12 WHEREAS, by letter dated May 12, 2005, Bruce V. Malkenhorst, 13 City Administrator/City Clerk, recommended that the City issue Request 14 for Proposal for the Preparation of a Urban Water Management Plan for 15 the City of Vernon ("RFP") pursuant to Section 2.29-2 of the Vernon 16 City Code. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 18 CITY OF VERNON AS FOLLOWS: 19 SECTION 1: The City Council of the City of Vernon hereby 20 finds and determines that the recitals contained hereinabove are true 21 and correct. 22 SECTION 2: The City Council of the City of Vernon hereby 23 directs the City Administrator/City Clerk, or his designee, to issue 24 the RFP, a copy of which is attached hereto as Exhibit A and 25 incorporated by reference, to one or more qualified firms, and to 26 report to the City Council on the proposals received with a 27 recommendation for action. 28 / / / 1 SECTION 3: The City Clerk of the City of Vernon shall 2 certify to the passage of this resolution, and thereupon and 3 thereafter the same shall be in full force and effect. 4 APPROVED AND ADOPTED this 18th day of May, 2005. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 6 7 ATTEST: ~~ BRUCE V. MALKENHORST, City Clerk - 2 - ~~w,~/ ~'LE()NIS c. MAL URG, M or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 8751, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, May 18, 2005, and thereafter was duly signed by the Mayor of the City of Vernon. rL-~ BRUCE V. MALKENHORST, City Clerk ( SEAL) - 3 - EXHIBIT A CITY COUNCIL LEONIS C. MALBURG Mayor JOHN KARNS Karns & Karabian General Counsel THOMAS A. YBARRA Mayor Pro-Tern WM. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Oerk Chief Executive Officer of Light & Power ERIC T. FRESCH City Attorney KEVIN WILSON Director of Community Services & Water STEVEN E. PARKER Fire Chief SOL BENUDIZ Police Chief LE~J.POZZEBON Director of Environmental Health CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 RORY BURNETT Gursey, Schneider & Co. LLP City Accountant REQUEST FOR PROPOSAL FOR THE PREPARATION OF A URBAN WATER MANAGEMENT PLAN FOR THE CITY OF VERNON April 2005 INTENT The City of Vernon is seeking a professional Consulting Firm to prepare an Urban Water Management Plan (UWMP) that fulfills the requirements of the California Urban Water Management Planning Act. The UWMP shall be a precise and systematic evaluation conducted in full compliance with the California Department of Water Resources Guidebook requirements and California Water Code 10610. The UWMP shall provide the City with analytical data and detailed recommendations in order to meet the above-mentioned regulations. The City requires the successful bidder to provide proof of insurance, including a standard certificate of insurance, in at least the amounts and coverage indicated on the insurance schedule (see Exhibit A). In addition to the standard certificate of insurance, proof of liability coverage shall also be furnished in the form indicated on the attached insurance schedule. The proof of insurance shall be in the form ofa notarized letter of insurance or a certified copy of the insurance policy. Proof of insurance shall be provided by the insurance company. This RFP describes the proposal format, preliminary scope of services, and the minimum information that must be included in the Proposal and in the selection process. Failure to submit the Proposal in accordance with the procedures outlined may be cause for disqualification. "Exclusively Industrial" BACKGROUND The City's Department of Community Services manages and operates the water distribution system. The City's water system serves a population of approximately 45,000 through nearly 2,000 service connections. . Vernon's water distribution system consists of nine wells, three booster plants, six ground level reservoirs, one below ground reservoir, one elevated tank and four backup power generators. The total storage capacity is approximately 16.75 million gallons. In addition, Vernon produces approximately seventy three percent of its water supply from its ground water supplies and purchases approximately twenty seven percent of these supplies from the Metropolitan Water and District (MWD). CONSULTANT QUALIFICATIONS The City proposes to retain a qualified consultant to develop the UWMP. Only consultants with demonstrated experience and training in the area ofUWMP development will be considered. Minimum consultant qualifications are listed below: · Trained in UWMP development; · Demonstrated experience in conducting and producing UWMP. PROPOSED FORMAT The Proposal shall be concise, well organized and demonstrate the consultant's qualifications and experience relating to the proposed project. The Proposal shall include, at minimum, the following information: 1) Consultant Identification: Legal name of business, form of business (corporation, partnership, or other), location and address, telephone and fax numbers, e-mail address and contact person. 2) Executive Summary: An executive summary of the Proposal identifying the entity/team being presented for consideration. The summary shall include a brief history of the organization, background information and relevant experience. Provide proof of capabilities of your firrnlteamto meet the California Department of Water Resources Guidelines. 3) Experience: Previous experience in the preparation ofUWMP. 4>' Key Staff: Provide a list of key staff that will be assigned to this project and their relevant qualifications. Include resumes of all key personnel listed. Key personnel, as defined by the City, shall not be removed from the project without prior written approval from the City. Only personnel with equal or better qualifications will be considered for substitution. 2 5) Project Understanding: A statement demonstrating understanding of the UWMP shall be included with your proposal. 6) Approach and Scope of Work: Description of services to be provided and how the services and activities will be accomplished. The Preliminary Scope of Work that follows this section is considered to be a general guideline, however, the consultant shall develop and submit the final scope of work as part ofthe Proposal. 7) Project Costs: The UWMP costs are to be included and shall indicate the proposed "not- to-exceed" cost for completing the tasks identified and presented by the consultant in the Scope of Work. The fee schedule shall be enclosed in a separate envelope titled "fee schedule" and include man-hour estimates per task, hourly-billing rates of personnel to be utilized on the project, and other associated costs. The total "not-to-exceed" cost shall include the costs of all personnel, subconsultants, administration, overhead, meeting attendance, research, travel, postage, reproduction, and all other related costs, both direct and indirect, necessary to complete the Project. SCOPE OF WORK Proiect Schedule: Consultant shall submit an initial schedule with the pertinent milestones for major tasks involved in the UWMP. The schedule shall be updated and submitted monthly to City staff. Meetinl!s: The consultant shall meet with City's representatives not less than once a month for the duration of the project to discuss the progress of the work, including schedules, 'budgets, and overall status of the project. Monthlv Proiect Status: The consultant shall submit to the City on a monthly basis an accurate record oftasks completed. Research and Data Collection: Specific site information with respect to required analytical data and historic water usage trends and requirements will be provided by the City at the project kickoff meeting to be scheduled following the issuance of the Notice to Proceed to the Consultant. Urban Water Manal!ement Plan (UWMP): The consultant shall complete an UWMP that is a comprehensive and useful water management program that includes the implementation of water conservation programs. The consultant must certify that the UWMP fulfills all California Department of Water Resources requirements. 3 ,. The following items shall be evaluated, discussed and documented in the UWMP: Please see attached Exhibit B "Chapter 3. Urban Water Management Plans Article 1. General Provisions". CONSULTANT SELE.CTION: The selection of a firm to provide services will be based on demonstrated competence, professional qualifications, staffing and previous experience necessary for the satisfactory performance of the services required. Prior experience with providing similar services is highly desirable. The City of Vernon will evaluate the proposals, interview the best candidate consultants and select the consultant. CITY RESPONSmLITIES The City of V ernon shall provide the consultant with the following: · Access to copies of all available existing data, information, reports, records and maps which may be relevant to this project; · City staffwill support consultant's access to the collection of existing data, information, reports, etc.; · Access to all facilities included in this project; and · Support staff to assist consultant when required. PROPOSAL SUBMITTAL The Proposal shall be submitted to Samuel Kevin Wilson, Director of Community Services & Water, 4305 Santa Fe Avenue, Vernon CA, 90058, no later than 3:00 p.m. June 7, ZOOS. The consultant fee schedule shall be submitted in a separate sealed envelope. 4 , . , . EXHIBIT A INSuRANCE SCHEDULE (CONSULTANT) .' Contractor shall provide proof of insurance, including but not limited to, a standard certificate of insurance, in at least the following amo~nts and coverage (combined single limit permitted): . I. Coverage and Limits Hazards Bodily Iqjury Property Damage Each Person Each Accident Each Accident Automobile Liability Owned Automobiles Hired Automobiles Non-Owned Automobiles Workers' Compensation Employers' Liability $ 500,000 $ 500,000 $ 500.000 $ Statutory . $1,000,000 per employer II. Liability General Liability Premises Operations Elevators (If Applicable) Independent Contractors Products - Completed Operations Contractual Liability Professional Liability $1,000,000 $1,000,000 $1,000,000 . $1,000,000 $1,000,000 $1.000.000 $2.000.000 $1,000,000 $1,000,000 $1.000.000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2.000.000 $2.000.000 $ 500,000 $ 500,000 $ 500,000 $1,000,000 $1,000,000 $1,000,000. $1,000,000 $1,000,000 $1.000.000 $2,000.000 a. The general liability policy shall contain the following special endorsements which shall be noted on or attached to the standard certificate of insurance: 1. An endorsement naming the City ofVemon, its officers, and employees as additional insureds under the policy. 2. An endorsement providing the City ofVemon thirty (30) days notice of cancellation or material reduction of coverage. 3. An endorsement providing coverage for all operations under this Agreement. 4. Such other endorsement as may be required by addendum hereto. EXHIBIT B" ''''., '. CHAPTER 3. URBAN WATER MANAGEMENT PLANS Article 1. General Provisions 10620. . . -\ . (a) Every urban water.supplier shall prepare and adopt an urban water management plan in the manner set forth in Article 3 (~mmencing with Section 10640). . . .(b) . Every person that becomes an urban water supplier shall adopt an urban . t . water management plan within one year after it has become an urban water supplier. . . (c) An urban watersupplier indirectly providing water shall not include planning elements in its water management plan as provided in Article 2 (commencing with Section '10630) that would be applicable to urban water suppliers or public agencies directly providing water, or to their customers, without the consent of those suppliers or public agencies. (d) (1) An urban water supplier may satisfy the requirements of this part by participation in areawide, regional, watershed, or basinwide urban water management planning where those plans will reduce preparation costs and contribUte to the achievement of conservation and efficient water use. Each urban water supplier shall coordinate the pn~paration of its plan with other appropriate agencies in the area, including other water suppliers that share a common source, water management agencies, and relevant public agencies, to the extent practicable. (e) The urban water supplier may prepare the plan with its own staff, by contract, or in cooperation with other governmental agencies. (2) (f) An uman water supplier shall describe in the plan water management tools and options used by that entity that will maximize. resources and minimize the need to import water from other regions. 10621. (a) Each urban Water supplier shall update its plan at least once every five years on or before December 31, in years ending in five and zero. (b) Every urban water supplier required to prepare a plan pursuant to this part shall notify any city or county within which the supplier provides water supplies that the urban water supplier will be reviewing the plan and considering amendments or changes to .the plan. The urban water supplier may consult with, and obtain comments from, any city or c;x>unty that receives.notice pursuant to this subdivision. (c) The amendments to, or chang~s in, the plan shall be ad9pted and filed in the manner set forth in Ar:Ucle 3 (commencing wit~ Section 10640). Article 2. Contents of Plans California Urban Water Management Plannlng Act August 1. 2003 . - .... ~. 10630. It is the intention of the Legislature, in enacting this part, to permit levels of . water management planning commensurate with the numbers of customers served and the volume of water supplied. 10631. A plan shall be adopted in accordance with this chapter and shall do all of the following: (a) Describe the service area of the supplier, including. current and projected population, climate, and other demographic factors affecting the supplier's water management planning. The projected population estimates shall be based upon data from the state, regional, or local service agency population projections within the service area of the urban water supplier and shall be in five-year increments to 20 years or as far as data is available. (b) Identify and-quantify, to the extent practicable,-the existing and planned sources of water available to the supplier over the same five-year increments described in subdivision (a). If groundwater is identified as an existing or planned source of water available to the supplier, all of the follo~ing information shall be included in the plan: (1) A copy of any groundwater management plan .adopted by the urban water supplier, induding-plans adopted pursuant to Part 2.75 (commencing with Section 10750), or any other specific authorization for groundwater management. . (2) A description of any groundwater basin or basins from which the urban water supplier pumps groundwater. For those basins for which a court or the board has adjudicated the rights to pump groundwater, a copy of the order or decree adopted by the court or the board and a description of the amount of groundwater the urban water supplier has the legal right to pump under the order or decree. For basins that have not been adjudicated, information as to whether the department has identified the basin or basins as overdrafted or has projected that the basin will become overdrafted if present . management conditions continue, in the most current official. departmental bulletin that characterizes the condition of the groundwater basin, and a detailed description of the efforts being undertaken by the urban water supplier to eliminate the long-term overdraft condition. (3) A detailed description and analysis of the location, amount, and sufficiency of groundwater pumped by the urban water supplier for the past five years. The description and analysis shall be based on information that is reasonably available, including, but not limited to, historic use records. California Urban Water Management Planning Act August 1, 2003 P>v " ." (4) A detailed description and analysis of the amount and location of groundwater that is projected to be pumped by the urban water supplier. The description and analysis shall be based on information that is reasonably available, including, but not limited to, historic use records. (c) Describe the reliability of the water supply and vulnerability to seasonal or climatic shortage, to the extent practicable, and provide data for each of the following: (1) An average water year, (2) A single dry water year. (3) Multiple dry water years. . For any water source that may not be available at a consistent level of use, given specific legal, environmental, water quality, or climatic factors, describe plans to supplement or replace that source with alternative sources or water demand management measures, to the extent practicable. . (d) Describe the opportunities for exchanges or transfers of water on a short- term or long-term basis. (e) (1) Quantify, to the extent records are available, past and current water use, over the same five-year increments described in subdivision (a), and projected water use, ioentifying the uses among water use sectors including, but not necessarily Itmited to, all of the following uses: (A) (B) (C) (D) (E) (F) (G) (H) (I) Single-family residential. Multifamily. Commercial. Industrial. Institutional and governmental. Landscape. Sales to other agencies. Saline water intrusion barriers, groundwater recharge, or conjunctive use, or any combination thereof. Agricultural. (2) The water use projections shall be in the same five-year increments described iri subdivision (a). California Urban Water Management Planning Act August 1, 2003 (f) Provide a description of the supplier's water demand management measures. This description shall include all of the following: (1) A description of each water demand management measure that is currently being implemented, or scheduled for implementation, . including the steps necessary to implement any proposed measures, including, but not limited to, all of the following: (A) Water survey programs for single-family residential and multifamily residential customers. (B) Residential plumbing retrofit. (C) System water audits, leak detection, and repair. (0) Metering with commodity rates for all new connections and retrofit of existing connections. (E) Large landscape conservation programs and incentives. (F) High-efficiency washing machine rebate programs. (G) Public information programs. (H) School education programs. (I) Conservation programs for commercial, industrial, and institutional accounts. (J) Wholesale agency programs. (K) Conservation pricing. (L) Water conservation coordinator. (M) Water waste prohibition. (N) Residential ultra-low-flush toilet replacement progralT!s. (2) A schedule of implementation for all-water demand management measures proposed or described in the plan. (3) A description of the methods, if any, that the supplier will use to evaluate the effectiveness of water demand management measures implemented or described under the plan. California Urban Water Management Planning Act August 1, 2003 .. 'J. '. (4) An estimate, if available, of existing conservation savings on water use within the supplier's service area, and the effect of the savings on the supplier's ability to further reduce demand. (g) An evaluation of each water demand management measure listed in paragraph (1) of subdivision (f) that is not currently being implemented or scheduled for implementation. In the course of the evaluation, first consideration shall be given to. water demand management measures, or combination of measures, that offer lower incremental costs than expanded or additional.water supplies. This evaluation shall do all of the following: (1) Take into account economic and noneconomic factors, including environmental, social, health, customer impact, and technological factors. (2) Include a cost-benefit analysis, identifying total benefits and total costs. (3) lnclude a description of funding available to implement any planned water supply project that would provide water at a higher unit cost. (4) Include a description of the water supplier's legal authority to implement the measure and efforts to work with other relevant agencies to ensure the implementation of the measure and to share the cost of implementation. (h) Include.a description of all water supply projects and water supply programs that may be undertaken by the urban water supplier to meet the total projected water use as established pursuant to subdivision (a) of Section .10635. The urban water supplier shall include a detailed description of expected future projects and programs, other than the demand management programs identified pursuant to paragraph (1) of subdivision(f), that the urban water supplier may implement to increase the amount of the water supply available to the urban water supplier in average, single-dry, and multiple-dry water years. The description shall identify specific projects and include a description of the increase in water supply that is expect~d to be available from each project. The description shall include an estimate with regard to the implementation timeline for each project or program. (i) Describe the opportunities for development of desalinated water, including, but not limited to, ocean water, brackish water, and 'groundwater, asa long-term supply. 0) Urban water suppliers that are members of the California Urban Water Conservation Council and submit annual reports to that council California Urban Water Management Planning Act August 1, 2003 :....;.:. .:~. ~ !:. ", ", . . in accordance with the "Memorandum of Understanding Regarding Urban Water Conservation in California," dated September 1991, may submit the annual reports identifying water demand management measures currently being implemented, or scheduled for implementation, to satisfy the requirements of subdivisions (f) and (9). (k) Urban water suppliers that rely upon a wholesale agency for a source of water, shall provide the wholesale agency with water use projections from that agency for that source of water in five-year increments to 20 years or as far as data is av~i1able. The wholesale agency shall provide information to the urban water supplier for inclusion in the urban water supplier's plan that identifies and quantifies, to the extent practicable, the existing and planned sources of water as required by subdivision (b), available from the whoiesale-agency to the urban water supplier over the same five-year increments, and during various water-year types in accordance with subdivision (c). An urban water supplier may rely upon water supply information provided by the wholesale agency in fulfilling the plan informational requirements of subdivisions (b) and (c), including, but not limited to, ocean water, brackish water, and groundwater, as a long-term supply. 10631.5. The department shall take into consideration whether the urban water supplier is implementing or scheduled for implementation, the water demand management activities that the urban water supplier identified in its urban water management plan, pursuant to Section 10631, in evaluating applications for grants and loans made available pursuant to Section 79163. The urban water supplier may submit to the department copies of its annual reports and other relevant documents to assist the department in-determining whether the urban water supplier is implementing or scheduling the implementation of water demand management activities. 10632. The plan shall provide an urban water shortage contingency analysis which includes each of the following elements which are within the authority of the urban water supplier: (a) Stages of action to be undertaken by the urban water supplier in response to water supply shortages, including up to a 50 percent reduction in water supply, and an outline of specific water supply conditions which are applicable to each stage. ' (b) An estimate of the minimum water supply available during each of the next three water years based on the driest three-year historic sequence for the agency's water supply. (c) Actions to be undertaken by the urban water supplier to prepare for, and implement during, a catastrophic interruption of water supplies including, California Urban Water Management Planning Act August 1, 2003 .. ~, ". but not limited to, a regional power outage, an earthquake, or other disaster. (d) Additional, mandatory prohibitions against specific water use practices during water shortages, including, but not limited to, prohibiting the use of potable water for street cleaning. (e) Consumption reduction methods in the most restrictive stages. Each urban water supplier may use any type of consumption reduction methods in its water shortage contingency analysis that would reduce wa~er use, are appropriate for its area, and have the ability to achieve a water use reduction consistent with up to a 50 percent reduction in water supply. (f) Penalties or charges for excessive use, where applicable. (g) An analysis of the Impacts'of each of-the actions and conditions described in subdivisions (a) to (f), inclusive, on the revenues and expenditures of the urban water supplier, and proposed measures to overcome those impacts, such as the development of reserves and rate adjustments. (h) A draft water shortage contingency resolution or ordinance. (i) A mechanism for determining actual reductions in water use pursuant to the urban water shortage contingency analysis. 10633. The plan shall provide, to the extent available, information on recycled water and its potential for use as a water source in the service area of the urban water supplier. The preparation of the plan shall be coordinated with local water, wastewater, groundwater, and planning agencies that operate within the supplier's service area, and shall include all of the following: (a) A description of the wastewater collection and treatment systems in the supplier's service area, including a quantification of the amount of wastewater collected and treated and the methods of wastewater disposal. (b) A description of the recycled water currently being used in the supplier's service area, including, but not limited to, the type, place, and quantity of use. (c) A description and quantification of the potential uses of recycled water, including, but not limited to, agricultural irrigation, landscape irrigation, , wildlife habitat enhancement, wetlands, industrial reuse, groundwater recharge, and other appropriate uses, and a determination with regard to the technical and economic feasibility of serving those uses. California Urban Water Management Planning Act August 1, 2003 t:"t;...jQ!\ I ~.'" '; &. " .. '. -" (d) The projected use of recycled water within the supplier's service area at the end of 5, 10, 15, and 20 years, and a description of the actual use of recycled water in comparison to uses previously projeyted pursuant to this subdivision. (e) A description of actions, including financial incentives, which may be taken to encourage the use of recycled water, and the projected results of these actions in terms of acre-feet of recycled water used per.year. (f) A plan for optimizing the use of recycled water in the supplier's service area, including actions to facilitate the installation of dual distribution systems, to promote recirculating uses, to facilitate the increased use of treated wastewater that meets recycled water standards, and to overcome any obstacles to achieving that increased use. 10634. The plan shall include information, to the extent practicable; relating to the quality of existing sources of water available to the supplier over the same five-year increments as described in subdivision (a) of Section 10631, and the manner in which water quality affects water management strategies and s!JPply reliability. Article 2.5 Water Service Reliability 10635. (a) Every urban water supplier shall include, as part of its urban water management plan, an assessment of the reliability of its water service to its customers during normal, dry, and multiple dry water years. This water supply and demand assessment shall compare the total water supply sources available to the water supplier with the total projected water use over the next 20 years, in five-year increments, for a normal water year, a single dry water year, and multiple dry water years. The water service reliability assessment shall be based upon the information compiled pursuant to Section 10631, including availabl.e data from state, regional, or local agency population projections within the service area of the urban water supplier. (b) The urban water supplier shall provide that portion of its urban water management plan prepared pursuant to this article to any city or county within Which it provides water supplies no later than 60 days after the submission of its urban water management plan. (c) Nothing in this article is intended to create a right or entitlement to water service or any specific level of water service. Califomta Urban Water Management Planning Act August 1. 2003 . F::". '.~ .. "\ .... .' . . (d) Nothing in this article is intended to change existing law concerning an urban water supplier's obligation to provide water service to its existing customers or to any potential future customers. , Articl 3. Adoption and Implementation of Plans 10640. Every urban water supplier required to prepare a plan pursuant to this part shall prepare its plan pursuant to Article 2 (commencing with Section 10630). The supplier shall likewise periodically review the plan as required by Section 10621, and any amendments or changes required as a result of that review shall be adopted pursuant to this article. 10641. An urban water supplier required to prepare a plan may consult with, and obtain comments from, any public agency or state agency or any person who has special expertise with respect to water demand management methods and techniques. 10642. Each urban water supplier shall encourage the active involvement of diverse social, cultural, and economic elements of the population within the service area prior to . and during the preparation of the plan. Prior to adopting a plan, the urban water supplier shall make the plan available for public inspection and shall hold a public hearing thereon. Prior to the hearing, notice of the time and place of hearing shan be published within the jurisdiction of the publicly owned water supplier pursuant to Section 6066 of the Government Code. The urban water supplier shall provide notice of the time and place of hearing to any city or county within which the supplier provides water supplies. A privately owned water supplier shall provide an equivalent notice within its service area. After the hearing, the plan shall be ~dopted as prepared or as modified after the hearing. 10643. An urban water supplier shall implement its plan adopted pursuant to this chapter in accordance with the schedule set forth in its plan. 10644. (a) An urban water supplier shall 'file with the department and any city or county within which the supplier provides water supplies a copy of its plan no later than 30 days after adoption. Copies of amendments or changes to the plans shall be filed with the department and any city or county within which the supplier provides water supplies within 30 days after adoption. (b) The department shall prepare and submit to the Legislature, on or before December 31, in the years ending in six and 'one, a report summarizing the status of the plans adopted pursuant to this part. The report prepared by the department shall identify the outstanding elements of the individual plans. The department shaltprovide a copy of the report to each urban water supplier that has filed its plan with the department. The department shall California Urban Water Management ~Ianning Act August 1, 2003 I-' of 4s ...... .Jo '., " ... ... . also prepare reports and provide data for any I~gislative hearings designed to consider the effectiveness of 'plans submitted pursuant to this part. 10645. Not later than 30 days after filing a copy of its plan with the department, the urban watef supplier and the department shall make the plan available fOf public review during normal business hours. . CHAPTER 4. MISCELLANEOUS PROVISIONS 10650. Any actions or proceedJngs to attack, review, set aside, void, or annul the acts or decisions of an urban water supplier on the grounds of noncompliance with this part shall be commenced as follows: (a) An action or proceeding alleging faifure to adopt a plan shall be commenced . within 18 months after that adoption-is required by this part. (b) Any actio~ or proceeding alleging that a plan, or action taken pursuant to the plan, does not comply with this part shall be commenCed within 90 days after filing of the plan or amendment thereto pursuant to Section 10644 or the taking of that action. 10651. In any action or proceeding to. attack, review, setaside, void, or annul a plan, or' an action taken pursuant to the plan by an urban water supplier on the grounds of . noncompliance with this part, the inquiry shall extend only to whether there was a prejudicial abuse of discretion. Abuse of discretion is established if the supplier has not proceeded in a manner required by law or if the action by the water supplier is not supported by substantial evidence. . 10652. The California Environmental Quality Act (Division .13 (commencing with Section 21000) of the Public Resources Code) does not apply to the preparation and adoption of plans pursuant to this part or to the implementation of actions taken pursuant to Section 10632. Nothing in this part shall be interpreted as exempting from the California' Environmental Quality Act any project that would significantly affect water , supplies for fish' and wildlife, or any project for implementation of the plan, other than projects implementing Section 10632, or any project for expanded or additional water supplies. 10653. The adoption of a plan shall satisfy any requirements of state law, regulation, or order, including those of the State Water Resources Control'Board and the Public Utilities Commission, for the preparation of water management plans or conservation plans; provided, that if the State Water Resources Control Board or the Public Utilities Commission requires additional information concerning water conservation to implement its existing authority, nothing in this part shall be deemed to limit the board or the commission in obtaining that information.' The requirements of this part shall be sa,tisfied by any urban water demand management plan prepared to.meet federal laws California Urban Water Management Planning Act August 1, 2003 "' I." f ~ jl., '_~ ,.A if,' ..- .. ", ~ or regulations after the effective date of this part, and which substantially meets the requirements of this part, or by any existing urban water management plan which ., includes the contents of a plan required under this part. 10654. An urban water supplier may recover in its rates the costs incurred in preparing its plan and implementing the reasonable water conservation measures included in the plan. Any best water management -practice that is inc1uded in the plan that is identified in the "Memorandum of Understanding Regarding Urban Water Conservation in California" is deemed to be reasonable for the purposes of this section. 10655. If any provision ofthis part or the application thereof to ~ny person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of this part which can be given effect without the invalid provision or application thereof, and to this end the provisions of this part ~re severable. 10656. A.n urban water supplier that does not prepare, adopt, and submit its urban . water management plan to the department in accordance with this part, is ineligible to receive funding pursuant to Division 24 (commencing with Section 78500) or Division 26 (commencing with Section 79000), or receive drought assistance from the state until the urban water management plan is submitted pursuant to this article. (b) This section shall remain in effect only until January 1, 2006, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2006, deletes or extends that date. California Urban Water Management Planning Act AUgust 1. 2003 . . ~ '! '"