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RES-2022-047 RESOLUTION NO. 2022-0 4 7 A 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 provides 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, on October 19, 2021, Governor Newsom declared a state of emergency on account of statewide drought conditions and directed the State Water Resources Control Board ("State Water Board") to adopt emergency regulations, as it deems necessary, to supplement voluntary conservation by prohibiting certain wasteful water practices; and WHEREAS, on January 4, 2022, the State Water Board adopted emergency regulations to supplement voluntary water conservation on basis that winter precipitation may not alleviate the current drought conditions; and WHEREAS,on March 28, 2022,the Governor issued Executive Order N-7-22 that called on urban water suppliers, like Anaheim, to activate their water shortage contingency plans and the State Water Board to consider a ban on the irrigation of decorative grass around commercial, industrial and institutional buildings; 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, through this resolution, the Anaheim City Council declares the existence of an Elevated Water Shortage within Anaheim and implements Water Reduction Plan II based on the Governor-declared "state of emergency" under California Government Code Section 8558(b); and 1 WHEREAS, the purpose of the Elevated 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 a state of emergency on account of existing drought conditions and the existence of an Elevated Water Shortage and the implementation of Water Reduction Plan II. The declaration and implementation are necessary given that the Governor declared a "state of emergency" pursuant to 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 at the time it approved this resolution. In connection with the foregoing, the Anaheim City Council hereby orders the implementation of Water Reduction Plan II 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 17 Day of Nay ,2022,by the following vote: AYES: Mayor Pro Tem O'Neil and Council Members Diaz, Ma ' ae, Moreno, Valencia and Faessel NOES: None ABSTAIN: None ABSENT: Mayor Sidhu MA R OF THE CITY OF ANA PRO TEM TTE • TY CLE OF THE CITY OF ANAHEIM 144627 2 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I. THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2022-047 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 17th day of May 2022 by the following vote of the members thereof: AYES: Mayor Pro Tern O'Neil and Council Members Diaz, Ma'ae, Moreno, Valencia, and Faessel NOES: None ABSTAIN: None ABSENT: Mayor Sidhu IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of May, 2022. CITY CLERK OF THE CITY OF ANAHEIM 9 (SEAL)