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RES-2014-151 RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MODIFYING AND ORDERING THE IMPLEMENTATION OF THE WATER REDUCTION PLAN OF CHAPTER 10.18 OF THE ANAHEIM MLINICIPAL CODE IN CONIPLIANCE WITH RECENTLY ADOPTED MANDATORY EMERGENCY DROUGHT REGULATIONS OF THE STATE WATER RESOURCES CONTROL BOARD. WHEREAS, on January 17, 2014, Governor Edmund G. Brown Jr. issued a drought emergency proclamation following three dry or critically dry years in California, and, on April 25, 2014, the Governor signed an executive arder ("Executive Order") calling on the State government to redouble its drought actions; and WHEREAS, the Executive Order provided that the State Water Resources Control Board ("State Water Board") shall direct urban water suppliers that are not already implementing drought response plans to limit outdoor irrigation and wasteful water practices; the Executive Order also directed the State Water Board to adopt emergency regulations as it deems necessary, pursuant to Water Code section 1058.5; and WHEREAS, in connection with the foregoing, the State Water Board found that California has been subject to multi-year droughts in the past and there is no guarantee that precipitation this w�nter will lift the State out of the current drought conditions; moreover, it also found that climate change science indicates that the Southwestern United States are becoming drier, increasing the likelihood of prolonged droughts forcing the State Water Board to curtail surface water diversions; and WHEREAS, according to the State Water Board, its May 2014 Drought Survey demonstrated that urban water conservation efforts could be augmented to minimize the potential risks of threatened severe supply shortages; it also found that current voluntary conservation goals established by many urban water suppliers will not provide for timely and effective attainment of the State's conservation needs, which include the maintenance of remaining supplies; and WHEREAS, on July 15, 2014, the State Water Board adopted Section 864 � prohibiting several activities, including the application of potable water to outdoor landscapes in a manner that causes visible runoff, the use of a hose to wash a motor vehicle except where the hose is equipped with a shut-off nozzle, the application of water to driveways and sidewalks, and the use of potable water in non-recirculating ornamental fountains; and WHEREAS, the State Water Board adopted Section 865 (a) directing urban water suppliers to implement the stage of their water shortage contingency plans that impose mandatory restrictions on outdoor irrigation of ornamental landscaping or turf with potable water and report monthly water production information to the State Water Board, and (b) requiring those urban water suppliers without adequate drought shortage contingency plans to _ _ __ _ adopt them or other measures to promote conservation within thirty days; and WHEREAS, as an urban water supplier, the City of Anaheim ("Anaheim") is required to comply with these State regulations, otherwise Anaheim could be subject to penalties; and WH�,REAS, Anaheim currently has an existing water reduction plan ("Water Reduction Plan") which is located in Chapter 10.18 of the Anaheim Municipal Code which contains, among other things, voluntary water conservation measures; and WHEREAS, on June 7, 2011, the Anaheim City Council adopted Anaheim's 2010 Urban Water Management Plan ("Urban Water Management Plan"} in compliance with the California Water Code; and WHEREAS, the Urban Water Management Plan contained Anaheim's Water Shortage Contingency Plan ("Water Shortage Contingency Plan") which incorporated the provisions of the Water Reduction Plan; and WHEREAS, the Department of Water Resources ("DWR") reviewed the Urban Water Management Plan and, on June 20, 2012, the DWR determined that the Urban Water Management Plan addressed the requirements of California Water Code, including those pertaining to the Water Shortage Contingency Plan; and WHEREAS, though Water Reduction Plan contains comprehensive water conservation meas�:res, Anaheim must make some modifications in order to fully comply with the newly adopted State Water Board regulations; and WHEREAS, Chapter 10.18 authorizes modifications to the Water Reduction Plan by resolution; and WHEREAS, all City of Anaheim facilities, including parks, medians, and parkways will comply with the mandatory measures contained herein. NOW, THEREFORE, BE IT RESOLVED by the Anaheim City Council as follows: 1. Water Reduction Plan I of Chapter 10.18 is hereby amended with the addition of the follawing: "Each of the following actions is prohibited, except where necessary to address an immediate health and safety need or to comply with a term ar condition in a permit issued by a state or federal agency: (a) The application of potable water to outdoor ornamental landscaping or turf in a manner that causes runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures; 2 (b) The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle ar device attached to it that causes it to cease dispensing water immediately when not in use; (c) The application of potable water to driveways and sidewalks; as used herein, sidewalks means that portion of the roadway, set apart by curbs, barriers, markings or other delineation for pedestrian travel; (d) The use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system; and (e) The application of potable water to outdoor ornamental landscaping ar turf between the hours of nine a.m. and six p.m., except (i) spot watering with a hose and nozzle, or (ii) as necessary for irrigation system maintenance and repairs." 2. The City of Anaheim will refrain from fire hydrant flushing, unless: (1) it is necessary for immediate health and safety or to ensure compliance with drinking water standards; or (2) the flushed water is captured and reused. 3. To the extent this Resolution conflicts with Water Reduction Plan I within Chapter 10.18.060, Water Reduction Plan I is hereby amended to conform with the provisions of Paragraph 1 of this Resolution. 4. This Resolution shall take effect immediately upon adoption and shall remain effective until the expiration of the emergency regulations adopted by the State Water Board under Resolution No. 2014-0038. Any continuation of such regulations by the State Water Board shall result in the continuation of this Resolution but only for so long as that continuation is effective. 3 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 12th day of Auc�ust , 2014, by the following roll call vote: AYES: Mayor Tait, Council Melnbers Eastman, Murray, Brandman and Kring NOES: �o� ABSENT: None ABSTAIN: None CITY O AHEIM � MA OR OF THE C TY OF ANAHEIM ATTE : CITY CLERK OF THE CITY OF ANAHEIM 4