Loading...
RES-2010-112RESOLUTION NO. 2010 -112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE PUBLIC UTILITIES GENERAL MANAGER TO ESTABLISH IMPLIMENTATION GUIDELINES CONSISTENT WITH THE CITY OF ANAHEIM LANDSCAPE WATER EFFICIENCY ORDINANCE. WHEREAS, on January 6, 1993, the City Council of the City of Anaheim ( "Anaheim ") adopted Resolution No. 93R -4 approving Landscape Water Efficiency Guidelines; and WHEREAS, in 2006, Governor Schwarzenegger signed Assembly Bill 1881 (Laird) ( "AB 1881") amending the Water Conservation in Landscaping Act (the "Act "). The Act, as amended by AB 1881, requires that (i) the Department of Water Resources ( "DWR ") update the 1993 original Model Water Efficient Landscape Ordinance, and (ii) cities and counties update local Landscape Ordinances by January 1, 2010 so that they are "at least as effective as" DWR's updated Model Ordinance in conserving water; and WHEREAS, on December 8, 2009, in response to the new landscape water efficiency requirements, the Anaheim City Council adopted Ordinance No. 6160 amending Chapter 10.19 of Title 10 of the Anaheim Municipal Code in its entirety relating to landscape water efficiency (the "Landscape Water Efficiency Ordinance "); and WHEREAS, the purpose of the Landscape Water Efficiency Ordinance is to establish an alternative model acceptable under AB 1881 as being at least as effective as the State Model Landscape Water Efficiency Ordinance in the context of conditions in the City in orderto: 1. Promote the aesthetic values and benefits of landscapes while recognizing the need to invest in water and other resources as efficiently as possible; 2. Establish a structure for planning, designing, installing, and maintaining and managing water efficient landscapes in new construction and rehabilitated projects; 3. Establish provisions for water management practices and water waste prevention for new and rehabilitated landscaping; 4. Use water efficiently without waste by setting a Maximum Applied Water Allowance as an upper limit for water use and reduce water use to the lowest practical amount; and 5. Encourage the use of economic incentives that promote the efficient use of water; and WHEREAS, the primary purpose of the Guidelines for Implementation of the Landscape Water Efficiency Ordinance (the "Guidelines ") shall be to provide procedural and design guidance for project applicants proposing landscape installation or rehabilitation projects that are subject to the requirements of the Landscape Water Efficiency Ordinance; and WHEREAS, the Guidelines will also be intended for use and reference by City staff in verifying compliance with the Landscape Water Efficiency Ordinance; and WHEREAS, at its public meetings on March 24, 2010, May 26, 2010, and June 23, 2010, the Anaheim Public Utilities Board reviewed and discussed the proposed approach for the Guidelines; and WHEREAS, at its public meeting on June 23, 2010, the Anaheim Public Utilities Board recommended that the City Council by Resolution delegate the responsibility and authority to the Public Utilities General Manager to prepare, promulgate, and take any and all actions necessary to establish and implement Guidelines consistent with the goals, objectives, and directives of the Landscape Water Efficiency Ordinance, and to thereafter amend the Guidelines, from time to time as necessary, to ensure that the Guidelines continue to comply with State law; and WHEREAS, the Anaheim City Council desires to delegate the responsibility and authority to the Public Utilities General Manager to prepare, promulgate, and take any and all actions necessary to establish and implement Guidelines consistent with the goals, objectives, and directives of the Landscape Water Efficiency Ordinance, and to thereafter amend the Guidelines, from time to time as necessary, to ensure that the Guidelines continue to comply with State law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. That the Public Utilities General Manager is hereby authorized and directed to prepare, promulgate, and take any and all actions necessary to establish and implement Guidelines that are consistent with the goals, objectives, and directives of the Landscape Water Efficiency Ordinance, and to thereafter amend those Guidelines, from time to time as necessary, to ensure that such Guidelines continue to comply with the Landscape Water Efficiency Ordinance and State law. 2. That a current version of the Guidelines is to be maintained and available in the Office of the City Clerk. 3. That the Guidelines to be established and implemented pursuant to this Resolution are intended to fully replace the Landscape Water Efficiency Guidelines approved and adopted by Resolution No. 93R -4. 4. That Resolution No. 93R -4 is hereby rescinded. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 27th day of July , 2010, by the following roll call vote: AYES: Mayor Pringle, Council Members sidhu, Hernandez, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY AHEIM MAYOR OF THE TY O ANAHEIM ATTEST CITY CLERK OF THE CITY 6F ANAHEIM CA07528v6