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RES-2017-121RESOLUTION NO. 2017- 121 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DISCONTINUING THE ELEVATED WATER SHORTAGE LEVEL AND WATER REDUCTION PLAN II AND DECLARING A MILD WATER SHORTAGE AND ORDERING THE IMPLEMENTATION OF WATER REDUCTION PLAN I 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, the State has endured a severe multi-year drought that has threatened the water supplies of communities and residents, devastated agricultural production in many areas, and harmed fish, animals and their environmental habitats; and WHEREAS, Governor Brown issued two executive orders, Executive Order B- 29-15 and Executive Order B-37-16 in which he declared a "state of emergency" and, among other things, directed the State Water Resources Control Board ("State Water Board") to impose restrictions to achieve a reduction in potable water use; and WHEREAS, in response to the first executive order, 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, on July 12, 2016 with the easing of drought conditions, the Anaheim City Council moved to an Elevated Water Shortage and implemented a lower level of water conservation, Water Reduction Plan II, which effectively promoted conservation without unduly burdening residents and businesses; and WHEREAS, on April 7, 2017, Governor Brown issued Executive Order B-40-17 ending the drought state of emergency in all California counties except Fresno, Kings, Tulare, and Tuolumne, where emergency drinking water projects will continue to help address diminished groundwater supplies; and 1 WHEREAS, though the Governor declared the drought emergency is over, he indicted long-term water conservation is critical to prepare for frequent and persistent periods of limited water supply; and WHEREAS, the Governor has directed the State Water Board to keep in place the temporary requirements for monthly water use reporting and prohibitions against wasteful water use practices and continue developing permanent reporting and wasteful use regulations; and WHEREAS, water levels in the local groundwater basin, the major source of water to Anaheim, is substantially below pre -drought levels, and water conservation is still needed to build the basin's supply for use during future dry years; and WHEREAS, with the ending of the State -declared drought emergency and the State Board's temporary measures in place, it is prudent to lower the water shortage level and discontinue the mandatory measures of Water Reduction Plan II; however, Anaheim should continue its preparations for future droughts to reduce their impact on residents and businesses; and WHEREAS, the implementation of Water Reduction Plan I will assist with these efforts by encouraging conservation throughout Anaheim. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: The Anaheim City Council hereby discontinues the Elevated Water Shortage level and Water Reduction Plan I1 and declares the existence of a Mild Water Shortage and the implementation of Water Reduction Plan I of Section 10.18.070 of the Anaheim Municipal Code. The declaration and implementation are necessary given that water supplies have been impacted due to the prolonged drought and the fact that there is a reasonable probability of more severe water shortages in the future. 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. 2 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 25th Day of July, 2017, by the following vote: AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel NOES: None ABSTAIN: None ABSENT: None ATTEST: CLERK 123186 3 MAYOR OF THE CITY OF ANAHEIM CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2017-121 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 25th day of July, 2017 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 25th day of July, 2017. ACTING CITY CLERK OF THE CITY OF7NA1-IEIM (SEAL)