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RES-2016-231RESOLUTION NO. 2016-231 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING AMENDMENTS TO THE 2015 URBAN WATER MANAGEMENT PLAN AND AUTHORIZING THE PUBLIC UTILITIES GENERAL MANAGER OR DESIGNEE TO FILE THE AMENDMENTS AND TAKE SUCH OTHER NECESSARY ACTIONS TO IMPLEMENT AND ADMINISTER THE AMENDED PLAN. WHEREAS, the California Legislature enacted Assembly Bill 797 (Water Code Section 10610 et seq., known as the Urban Water Management Planning Act or the "Act") during the 1983-1984 Regular Session, and as amended subsequently, which mandates that every supplier providing water for municipal purposes to more than 3,000 customers or supplying more than 3,000 acre feet of water annually, prepare an Urban Water Management Plan, the primary objective of which is to plan for the conservation and efficient use of water; and, WHEREAS, the City of Anaheim ("Anaheim") is an urban supplier of water providing water to over 300,000 residents, and it is therefore subject to the requirements of the Act; and, WHEREAS, the Act requires that an Urban Water Management Plan be periodically reviewed at least once every five years, and it also requires urban water suppliers to make any amendments or changes to their plan which are required as a result of their review; and, WHEREAS, on June 14, 2016, the City Council adopted Anaheim's 2015 Urban Water Management Plan ("2015 Urban Water Management Plan") which was submitted to the California Department of Water Resources (DWR) for review; and, WHEREAS, after the DWR completed its review, it requested amendments to the 2015 Urban Water Management Plan through an advisory letter; and, WHEREAS, in response to the advisory letter, Anaheim staff prepared revisions to the 2015 Urban Water Management Plan; these amendments are attached to Exhibit A ("Amendments"); and, WHEREAS, in compliance with the requirements of the Act, Anaheim circulated for public review the draft Amendments, and the Anaheim Public Utilities Board held a properly noticed public hearing on November 16, 2016 ("Public Hearing") to consider them. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. The Anaheim City Council hereby adopts the Amendments and thereby amends Sections 5.2.3 and 5.5.3 of the 2015 Urban Water Management Plan and adds 1 Section 8.4, Appendix E-1, Appendix F-1, and Appendix J as set forth in Exhibit A of this Resolution, including any modifications to these sections made after the Public Hearing by the Public Utilities General Manager or designee limited to (a) de minimis refinements; and (b) such changes to address public input received (if any) at the Public Hearing. 2. The Public Utilities General Manager or designee, is hereby authorized and directed to file the Amendments within thirty (30) days after their adoption with the California Department of Water Resources, the California State Library, and any city or county within which Anaheim provides water supplies. 3. The Public Utilities General Manager or designee is hereby authorized and directed to take any necessary actions to implement and administer the 2015 Urban Water Management Plan, as amended herein. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 2 0 th Day of December , 2016, by the following vote: AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel NOES: None ABSTAIN: None ABSENT: None CAO# 119305 2 MAYOR OF THE CITY OF ANAHEIM EXHIBIT A AMENDMENTS TO 2015 URBAN WATER MANAGEMENT PLAN [ATTACHED BEHIND THIS PAGE] EXHIBIT A City of Anaheim Amendments to 2015 Urban Water Management Plan (Plan) Contents Revisions to Section 5.2.3 - Provide an outline of specific water supply conditions applicable to each stage of water supply reduction as well as assigning percent reduction in water supply to each stage up to a 50 percent reduction to address CWC 10632. Revisions to Section 5.5.3 - Provide consumption reduction methods that would be employed by the City to reduce water use corresponding to each water supply reduction stage to address CWC 10632 (a) (5). Section 8.4 Amendment Adoption Process — Provides the external coordination and outreach timeline for the amendments to the Plan. Appendices Addition of Appendix E-1 to the Plan - Notification letters and public hearing notice for the Plan amendments Addition of Appendix F-1 to the Plan — Resolution to adopt Plan amendments Addition of Appendix J to the Plan — Table 4 of SBx 7-7 Verification Forms related to Section 2.5 SBx 7-7. This table is the corrected version of the table that was submitted to DWR as an attachment to the Plan. 5.2.3 City of Anaheim During a water shortage period, the Public Utilities Department will determine the extent of the conservation required based on water supply availability from its groundwater and imported water sources. As a Metropolitan member agency, the City will follow Metropolitan's adopted WSDM Plan. Depending on the severity of the water shortage, the Department will recommend to City Council the adoption of a Water Reduction Plan (or Stage) in Ordinance No. 6332 that is necessary to address the level of water shortage. Ordinance No. 6332 was adopted by the City Council on May 19, 2015, to address the 2014 and 2015 State -mandated water conservation regulations. The water shortage stages are displayed in Table 5-1. To implement the mandatory water reduction plans, the ordinance allows the City to assess civil penalties of up to $500 for water waste violations (Anaheim, California Municipal Code Ordinance No. 6332, 2015). Table 5-1: Stages of Water Shortage Contingency Plan ShortageRetail Stages of Water • Complete B• Stage Percent Supply Water Supply Condition Reduction A "Mild Water Shortage" exists when due to drought or other conditions, water supplies have been impacted and there is a 1 5% to 10% reasonable probability of more severe water shortages in the future as described in the City's Ordinance No. 6332 Water Reduction Plan I. An "Elevated Water Shortage" exists when due to a prolonged drought, a declared "State of emergency" under California Government Code section 8558(b), or other water supply condition, a 2 11% to 15% reduction in water use is necessary to safeguard the public health, safety, and welfare as described in the City's Ordinance No. 6332 Water Reduction Plan II. A "Severe Water Shortage" exists when due to a prolonged drought, a declared "State of emergency" under California Government Code 3 16% to 30% section 8558(b), or other water supply condition, a reduction in water use is necessary to safeguard the public health, safety, and welfare as described in the City's Ordinance No. 6332 Water Reduction Plan III. An "Emergency Water Shortage" exists through declaration by the 4 31% to 50% City Council as described in the City's Ordinance No. 6332 Water Reduction Plan IV. NOTES: A Stage 4 would include a shortage of up to 50%. At this stage an "Emergency Water Shortage" exists and would be declared by the City Council at which time all outdoor irrigation is prohibited. Further adjustments to billing and fees may also be considered. It may also be necessary to employ other mandatory restrictions and possible discontinuation of non -health and safety related services in order to achieve the necessary demand reductions in a Stage 4 shortage. 5.5.3 Consumption Reduction Methods Table 5-4 lists the consumption reduction methods available to the City to use during periods of water shortage corresponding to each stage of the City's Water Reduction Plan per Water Conservation Ordinance No. 6332. Table 5-4: Stages of Water Shortage Contingency Plan - Consumption Reduction Methods Stage Ccnsumption Reduction Methods by Additional Explanation or Reference Water Supplier 1 Offer Water Use Surveys See Sections 4.7.1 and 4.7.2 for detail. 1 Provide Rebates on Plumbing Fixtures See Sections 4.7.1 and 4.7.2 for detail. and Devices 1 Provide Rebates for Landscape See Section 4.7.3 for detail. Irrigation Efficiency 1 Provide Rebates for Turf Replacement See Section 4.7.3 for detail. See Section 4.6 for detail. If violations of the mandatory Water Reduction Plans of the 2 Increase Water Waste Patrols Ordinance No. 6332 occur, the City may issue civil fines in accordance with Chapter 1.20 of the Anaheim Municipal Code. See Section 4.4 for detailed description of Public Education and Outreach program. The 2 Expand Public Information Campaign activities include quarterly water awareness update meetings and facilitating Spring water awareness events. 3 Decrease Line Flushing As long as water quality is not affected. 4 Implement or Modify Drought Rate See Section 10.18.120 of Ordinance No. 6332 Structure or Surcharge (Appendix D). 4 Other Shut off dedicated irrigation meters. NOTES: Actions in any stage will include all actions in the prior stages; e.g., Stage 4 actions will include actions in stages 1, 2, and 3. 8.4 UWMP Amendments Adoption Process Table 8.4-1 summarizes external coordination and outreach activities carried out by the City and their corresponding dates for amendments to the UWMP. Table 8.4-1: External Coordination and Outreach Notified city or county within supplier's service area that water 60 Day Notice Notice of Public supplier is preparing an updated UWMP (at least 60 days prior to 9/14/16 Appendix E-1 public hearing) R✓ RI County Name 10/27/16 &11/3/16 Notice of Public Encouraged public involvement (Public Hearing) Appendix E-1 Held public hearing 11/16/16 Appendix E-1 Adopted amendments to UWMP 12/20/16 Appendix F-1 Submitted amendments to UWMP to DWR BY 1/19/17 - Submitted amendments to UWMP to the California State library BY 1/19/17 and city or county within the supplier's service area Made amendments to UWMP available for public review BY 1/19/17 - The City serves an unincorporated area within the County of Orange and a small area within the City of Buena Park. As indicated in Table 8.4-2, the City notified these entities at least 60 days prior and then at least two weeks prior to the public hearing. The notification letters, dated September 14, 2016, are included in Appendix E-1. Table 8.4-2: Notification to Cities and Counties City Name 60 Day Notice Notice of Public Hearing Buena Park R✓ RI County Name 60 Day Notice Notice of Public Hearing Orange County RI ❑V NOTES: The public hearing was conducted on November 16, 2016. Public hearing notifications were published in local newspapers. A copy of the published Notice of Public Hearing is included in Appendix E-1. Copies of the draft amendment to the plan were made available for public inspection at the City's public libraries and the City Clerk's and Utilities Department offices. The City Council approved the amendments to the 2015 UWMP on December 20, 2016. A copy of the resolution approving the plan is included in Appendix F-1. The City will file the adopted amendments to the 2015 UWMP with DWR and California State Library, County of Orange, and cities within its service area, if applicable. The City will make the amendments to the plan available for public review no later than 30 days after filing with DWR. Appendix E-1 Notification letters & Public Hearing Notice 201 S. Anaheim Blvd. Suite #601 Anaheim, CA 92805 Tel: (714) 765-5196 www.anaheim.net City of Anaheim PUBLIC UTILITIES DEPARTMENT WATER SERVICES DIVISION September 14, 2016 Mr. David Jacobs, P.E., L.S. Director of Public Works/City Engineer City of Buena Park 6650 Beach Blvd., l st Floor Buena Park, CA 90622 RE: Anaheim's 2015 Urban Water Management Plan Amendment Dear Mr. Jacobs: This letter serves as a notification that Anaheim Public Utilities Department is currently amending its 2015 Urban Water Management Plan (UWMP) in accordance with the Urban Water Management Planning Act of the California Water Code. A draft of the amended Anaheim's 2015 UWMP will be available for review prior to the public hearing, which is tentatively scheduled for November 2016. Please contact us if you would like to have a draft sent to you. If you would like more information or have any questions, please contact A] Shaikh at (714) 765-5268 or via email at ashaikh@anaheim.net. Sincerely, 1 Thomas McCarthy Water Planning and Resources Manager c: File 201 S. Anaheim Blvd - Suite #601 Anaheim, CA 92805 Tel: (714) 765-5196 www.anaheim.net City of Anaheim PUBLIC UTILITIES DEPARTMENT WATER SERVICES DIVISION September 14, 2016 Mr. Shane Silsby Director of Public Works County of Orange 300 N. Flower St. Santa Ana, CA 927023 RE: Anaheim's 2015 Urban Water Management Plan Amendment Dear Mr. Silsby: This letter serves as a notification that Anaheim Public Utilities Department is currently amending its 2015 Urban Water Management Plan (UWMP) in accordance with the Urban Water Management Planning Act of the California Water Code. A draft of the amended Anaheim's 2015 UWMP will be available for review prior to the public hearing, which is tentatively scheduled for November 2016. Please contact us if you would like to have a draft sent to you. If you would like more information or have any questions, please contact Al Shaikh at (714) 765-5268 or via email at ashaikh@anaheim.net. Sincerely, Thomas McCarthy ! Water Planning and Resources Manager File AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: October 27, November 3, 2016 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: November 3, 2016 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION Appendix F-1 Resolution Adopting the Amendments to the 2015 UWMP (Will include Adopted Resolution) Appendix J - Table 4 of the SBx 7-7 Verification Forms related to Section 2.5 SBx 7-7 Requirements The 10-15 year average baseline water use value has been corrected from 49,775 AF to 74,663 AF. SB X7-7 Table 4: Annual Baseline Year Fm SB X7-7 Table 3 Gross Water Volume Into Distribution System Fm SB X7-7 Table(s) 4 A Use Annual Gross Water Use Exported Water Change in Indirect Water Dist. System Recycled Delivered for Storage Water Agricultural +' ? Table 4-B Fm SB X - Use 8 process Water Fm SB X7-7 Table(s) 4-D Year 1 1996 72289.9 944, 72.7 0 71,274 Year 2 1997 76017.1 927 0 0 75,090 Year 3 1998 70411.3 810 0 0 69,601 Year 4 1999 74769.1 647 0 0 74,122 Year 5 2000 80069.4 528 0 0 79,542 Year 6 2001 76609.8 700 0 0 75,909 Year 7 2002 80145.7 652 0 0 79,493 Year 8 2003 74801.9 612 0 0 74,190 Year 9 2004 76910.1 603 0 0 76,307 Year 10 2005 71715.7 618 0 0 71,097 0 0 _0 0 0. 0 0 0 0 0 0 0 0 0 0 0 0 0 0. 0 0 0 0 0, 74,663 Year 1 2004 76,910 603 0 0 76,307 Year 2 2005 71,716 77 618 0 0 71,097 Year 3 2006 73,129 580 0 0 72,549 Year 4 2007 76,585 612 0 0 75,974 Year 5 1 2008 _ 73,461 1 1 439, , 0 0 73,022 .73,790 2015 61,982 9,764 0 0 52,218 * NOTE that the units of measure must remain consistent throughout the UWMP, as reported in Table 2-3 NOTES: Attachment 2 STATE OF CALIFORNIA — CALIFORNIA NATURAL RESOURCES AGENCY EDMUND G. BROWN JR., Governor DEPARTMENT OF WATER RESOURCES 1416 NINTH STREET, P.O. BOX 942836 l SACRAMENTO, CA 94236-0001 ''mob (916) 653-5791 � "�' � �� September 7, 2016 Mr. Michael Moore Assistant General Manager - Water City of Anaheim PO Box 32222 #1101 Anaheim, California 92803 RE: Urban Water Management Plan Advisory Letter Dear Mr. Moore: The Department of Water Resources (DWR) has reviewed City of Anaheim's 2015 Urban Water Management Plan (UWMP) received on June 30, 2016. The California Water Code (CWC) directs DWR to report to the Legislature once every five years on the status of submitted plans. In meeting this legislative reporting requirement, DWR reviews all submitted plans. DWR's review of the City of Anaheim's 2015 UWMP has determined the following required elements have not been addressed in accordance with the CWC: CWC 10632. Section 5.2.3 of the City's 2015 UWMP does not provide an outline of specific water supply conditions which are applicable to each stage, nor does this section address a 50 percent reduction in water supply. CWC 10632 (a) (5). Section 5.5.3 of the City's 2015 UWMP does not provide consumption reduction methods that would be employed by the water supplier to reduce water use. Additionally, the following data error was noted: On the SBX 7-7 Verification Form, submitted to DWR as an attachment, SBX Table 4 incorrectly states the 10-15 year average baseline water use as 49, 775 AF, but it should be 74,663 AF, as found in the SBX 7-7 Verification form submitted to DWR in the WUEdata online data submittal tool. This letter is to advise the City of Anaheim of these issues and to recommend that the City of Anaheim amend its 2015 UWMP to address these required elements. The City of Anaheim has 60 days from the date of this letter to submit an amended UWMP before DWR registers the status of this UWMP as "Requirements Not Addressed". The City of Anaheim may request additional time to submit an amended UWMP, and if deemed reasonable by DWR, the status of the review will remain "Advisory Letter Sent" until the agreed upon date. DWR encourages water suppliers to send drafts of the revised sections to DWR for review before adopting the revised plan. Please note that revised plans must be adopted by the City of Anaheim's governing board following the public process specified in the UWMP Act. CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2016-231 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 20th day of December, 2016, by the following vote of the members thereof: AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of January, 2017. CITY CLERK THE CITY OF ANAHEIM (SEAL)