RES-2016-123RESOLUTION NO. 2016-12 3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING A WATER SUPPLY SHORTAGE
AND ORDERING THE IMPLEMENTATION OF WATER
REDUCTION PLAN II IN ACCORDANCE WITH CHAPTER
10.18 OF THE ANAHEIM MUNICIPAL CODE.
WHEREAS, California Constitution article X, section 2 and California Water
Code section 100 provide that because of conditions prevailing in the state of California (the
"State"), it is the declared policy of the State that the general welfare requires that the water
resources of the State shall be put to beneficial use to the fullest extent of which they are capable,
the waste or unreasonable use of water shall be prevented, and the conservation of such waters is
to be exercised with a view to the reasonable and beneficial use thereof in the interest of the
people and the public welfare; and
WHEREAS, pursuant to California Water Code section 106, it is the declared
policy of the State that the use of water for domestic use is the highest use of water and that the
next highest use is for irrigation; and
WHEREAS, Governor Brown issued Executive Order B-29-15 and directed the
State Water Resources Control Board ("State Water Board") to impose restrictions to achieve an
aggregate statewide 25% reduction in potable water use through February 2016; moreover, the
order required the State Water Board to adopt and impose additional regulations related to
outside irrigation of newly constructed homes and buildings and the reduction of potable water
usage by commercial, industrial, and institutional properties; and
WHEREAS, as result of this executive order, the State Board regulations, and the
worsening drought conditions, the City Council of the City of Anaheim ("Anaheim") amended
Chapter 10.18 of the Anaheim Municipal Code on May 19, 2015 and declared the existence of a
Severe Water Shortage within Anaheim and ordered the implementation of Water Reduction
Plan III; and
WHEREAS, in spite of increased precipitation, on May 9, 2016, Governor Brown
issued Executive Order B-37-16 reaffirmed the "state of emergency" finding that drought
conditions may persist in some parts of the state in 2017 and beyond as warmer winters reduce
water supply held in mountain snowpack and result in drier conditions; and
WHEREAS, pursuant to California Water Code section 350, the Anaheim City
Council is authorized to declare a water shortage emergency to prevail within its jurisdiction; and
WHEREAS, pursuant to California Water Code section 375, Anaheim is also
authorized to adopt and enforce a water conservation program and water shortage supply
measures to reduce the quantity of water used by persons within its jurisdiction for the purpose
of conserving the water supplies of Anaheim; and
WHEREAS, though precipitation improved during the 2015/2016 winter and
Anaheim water customers reduced water usage by more than twenty percent (20%), prolonged
drought conditions may persist; therefore, the Anaheim City Council believes it is necessary to
safeguard Anaheim's water supplies and maintain mandatory water conservation measures; and
WHEREAS, through this resolution, the Anaheim City Council also declares the
existence of an Elevated Water Shortage within Anaheim and implement Water Reduction Plan
11 based on the prolonged drought and the Governor declared "State of emergency" under
California Government Code section 8558(b); and
WHEREAS, the purpose of the Severe Water Shortage declaration and
implementation of Water Reduction Plan II is to reduce the quantity of water used by consumers
to protect the public health, welfare, and safety by ensuring there is sufficient water for human
consumption, sanitation, and fire protection.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim as follows:
The Anaheim City Council hereby declares the existence of an Elevated Water
Shortage and the implementation of Water Reduction Plan 11. The declaration and
implementation are necessary given that prolonged drought conditions may persist and the
declared "State of emergency" under California Government Code section 8558(b). The
foregoing declaration and implementation are also necessary to safeguard the public health,
safety, and welfare. These findings are supported by the recitals contained herein and such
information presented to the Anaheim City Council on its meeting of July 12, 2016. In
connection with the foregoing, the Anaheim City Council hereby orders the implementation of
Water Reduction Plan 11 of Section 10. 18.080 of the Anaheim Municipal Code.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 12th Day of July 2016, by the following vote:
AYES: Mayor Tait and Council Members Kring, Murray, Brandman,
and Vanderbilt
NOES: None
ABSTAIN: None
ABSENT: None
MAYOR OF THE CITY OF ANAHEIM
ATT ST:
CITY CLERK
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