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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 2