6194ORDINANCE NO. 6194
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING VARIOUS
SECTIONS OF CHAPTER 10.16 OF TITLE 10 OF THE
ANAHEIM MUNICIPAL CODE TO ADDRESS THE
USE OF RECYCLED WATER.
WHEREAS, the City of Anaheim (also referred to herein as "Anaheim" or "City") is
highly dependent on a limited groundwater supply for domestic, commercial and industrial uses,
and the reliability of the supply of imported water is uncertain; and
WHEREAS, the California Legislature has declared that the people have a primary
interest in the development of facilities to recycle water containing waste to supplement existing
surface and underground water supplies and to assist in meeting the future water requirements of
the State ; and
WHEREAS the California Legislature has further declared that development of Recycled
Water should be encouraged as a new water supply necessary to meet the future water needs of
the State; and
WHEREAS the California Legislature has stated that a substantial portion of the future
water requirements of this State may be economically met by beneficial use of Recycled Water,
and the use of Recycled Water by local communities for domestic, agricultural, industrial,
recreational, and fish and wildlife purposes will contribute to the peace, health, safety and
welfare of the people of the State; and
WHEREAS the California Legislature has declared the use of Recycled Water has proven
to be safe and the State Department of Public Health is drafting regulations to provide for
expanded uses of Recycled Water; and
WHEREAS, the City Council agrees with the foregoing and finds that the continued use
of Potable Water for irrigation and other nonpotable uses may be an unreasonable use of such
water where Recycled Water is available; and,
WHEREAS, the City Council finds that the use of Recycled Water for these purposes is
safe, environmentally responsible and can contribute to the health, safety and welfare of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
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SECTION 1:
That Section 10. 16.010 of Chapter 10.16 of Title 10 of the Anaheim Municipal Code be,
and the same is hereby, amended in its entirety to read as follows:
"10.16.010 Definitions.
The following terms wherever used in this chapter or in resolutions of the Council adopted
pursuant hereto, except as otherwise specifically indicated by the context, shall have the
meanings respectively set forth in this section, to wit:
.010 "City" is defined as the City of Anaheim.
.020 "Consumer" or "customer" means any person, whether owner, lessee or renter of real
property, using electricity or water furnished by the City through meters or by contract.
.030 "General Manager" is defined as the General Manager of the Public Utilities
Department or his or her designee.
.040 "Horsepower" A unit of horsepower shall be determined by the amount of electric
current necessary for the continuous operation of any electric equipment for one hour, based
upon the consumption of seven hundred forty-six watts per hour.
.050 "Installation charge" means the charge made by the City as compensation for all labor
and material furnished in making connection with any electric line, Potable Water main or
Recycled Water main in the City, for electricity, Potable Water or Recycled Water to be
furnished to any consumer.
.060 "Kilowatt hour" means the standard unit of measurement of electrical energy
consumption
.070 "Potable Water" means water that meets the standards for human consumption set by
applicable federal, state and local authorities.
.080 "Rates, Rules and Regulations" is defined as the rate structure of the Public Utilities
Department and any rules and regulations as approved by the City Council.
.090 "Recycled Water" means water that is approved for purposes other than human
consumption and meets the criteria set forth in Division 4 of Title 22 of the California Code of
Regulations, as may be amended from time to time. Recycled Water does not include gray
water.
.100 "Standby charge" means a minimum charge to be paid regardless of the amount of
electricity or electrical energy consumed.
FA
.110 "Size of pipe" When any size of pipe is mentioned in this chapter or in any resolution
adopted pursuant hereto, the same shall mean the nominal inside diameter of standard pipe,
measured in inches and fractions thereof. "
.120 "Water" means Potable Water and/or Recycled Water, except when used in the
definition of Potable Water."
SECTION 2:
That Chapter 10.16 of Title 10 of the Anaheim Municipal Code be, and the same is
hereby, amended by adding Section 10. 16.110 to read as follows:
"10.16.110 Recycled Water Policy.
It is the policy of the City Council that Recycled Water, when determined available and
cost-effective pursuant to the Rates, Rules and Regulations, shall be used for nonpotable uses
within the City's water service area, whenever those uses are consistent with the Rates, Rules
and Regulations and all applicable federal, state and local laws."
SECTION 3:
That Chapter 10.16 of Title 10 of the Anaheim Municipal Code be, and the same is
hereby, amended by adding Section 10. 16.120 to read as follows:
"10.16.120 Use and Distribution of Recycled Water.
The use and distribution of Recycled Water shall be in accordance with the Rates, Rules
and Regulations and all applicable federal, state, and local laws, including, but not limited to,
Titles 17 and 22 of the California Code of Regulations, as may be amended from time to time."
SECTION 4:
That Section 10. 16.290 of Chapter 10.16 of Title 10 of the Anaheim Municipal Code be,
and the same is hereby, amended in its entirety to read as follows:
"10.16.290 Use of Fire Hydrants.
Public or private fire hydrants connected to the City Potable Water system shall be operated
only by the Public Utilities Department, Fire Department or a person who has obtained a permit
from the Public Utilities Department. Any person desiring to use Potable Water through any
public or private fire hydrant will be required to make a permit application and deposit as
provided for in the Rates, Rules and Regulations of the Public Utilities Department."
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SECTION 5:
That Section 10. 16.300 of Chapter 10.16 of Title 10 of the Anaheim Municipal Code be,
and the same is hereby, amended in its entirety to read as follows:
"10.16.290 Use of Potable Water During a Fire.
In the case of a fire necessitating the use of Potable Water from the City mains, no person
shall use Potable Water from the mains if such use would prevent or hamper the extinguishment
of such fires or the saving of adjoining property in the opinion of the Fire Chief or the General
Manager of the Public Utilities Department or their designees."
SECTION 6: CEQA CATEGORICAL EXEMPTION
The City Council hereby determines and finds that, in accordance with California
Environmental Quality Act (CEQA) and the State CEQA Guidelines, the adoption of this
ordinance by the City Council is exempt from CEQA pursuant to State CEQA Guidelines
sections 15060(c)(2) and 15061(b)(3) because (i) the activity approved by this resolution will not
result in a direct or reasonably foreseeable indirect physical change in the environment; (ii) it can
be seen with certainty that there is no possibility that the activity may have a significant effect on
the environment. City staff is hereby directed to file with the County Clerk a Notice of
Exemption within three business days of the adoption of this ordinance.
SECTION 7: SAVINGS CLAUSE
Neither the adoption of this ordinance nor amendment of any other ordinance of the City
of Anaheim shall in any manner affect the prosecution for violations of ordinances, which
violations were committed prior to the effective date hereof, nor be construed as a waiver of any
tax, license or penalty or of the penal provisions applicable to any violations thereof. The
provisions of this ordinance, insofar as they are substantially the same as ordinance provisions
previously adopted by the City of Anaheim relating to the same subject matter, shall be
construed as restatements and continuations, and not as new enactments.
SECTION 8: SEVERABILITY
If any section, subsection, sentence, clause, phrase, word, or portion of this ordinance is
for any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such invalidity shall not affect the validity of the remaining portions of this
ordinance. The City Council of the City of Anaheim hereby declares that it would have adopted
this ordinance and each remaining section, subsection, sentence, clause, phrase, word, or portion
thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses,
phrases, words, or portions have been declared invalid or unconstitutional.
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SECTION 9. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days from and after its adoption by the City
Council.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 2 day of November_, 2010, and thereafter
passed and adopted at a regular meeting of said City Council held on the 16th day of
November , 2010, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
CAO# 79040
5
CITY OF ANAHEIM
4
U-tio' �0'0p�i-
MAYOR OF THE CITY OF ANAHEIM
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:
November 25, 2010
"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 25, 2010
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
Proof of Publication of
Paste Clipping of
Notice
SECURELY
In This Space
SUMMARY PUBLICATION
CITY OF ANAHEIM'
ORDINANCENQ 6194
AN ORDINANCE OF THE CRY COUNCIL OF THE CITY OF ANAHEIM
CY THE ANAHEIM MUN AMENDING VARIOUS GI ALOCODE T8 ADDRESS OF CHAPTER S THE USE OOF F RE
CYCLED WATER.
The Anaheim Public Utilities Department (Department) is undertWd two
n use recycled Product Power ant, and the Water Recydin projects that
tatbn
ecf, wh wtil recycled water in the vian' og
proleds require permits horn the State dy f CKy Ha11: Both -
Quality Cortril Board (collegive Penn t)epgrtment of Public Healthand RegionaF Water
These Permits require the City I roadopt �pnor to tits delivery and use of recycled water.
thatp��le drinkin ung the use of recycled water to ensure
heeRn is not jeopard�ed. �d ��� meter are kept cmmpletgly separate. ao public
This ordinance adds new Sections 10.4110 and 10.16.120 to Chapter 10.16 of roe 10 of the
Anaheim Municipal Code to estabNsh do Chy's recgcled water policy and providq the
implementation of rules pertinent to the use of clew water. li also i Provide
for the
changes to Sections 10.18:010,10.18.290 and 10.18 300 follows;
" Section 10.16.010 ie arneitded to incorporate the definitions of tents
to recycled water. pertinent
` Section 10.16.110 is added"to establish the policy that recycled water may be
Used when available and cost effective, and that $ is be used for �er may
uses consistent with applicable lawa
" Section 10.16.120 is added m
water within the ensure that the use and al recycled water
iauoh ae � � be conaistent-with Siete and local recycled water rules
measures, and m� 1 §%%9, instituting dross connection prevention
ng Human contact).
Sections v8do We hydrants am 10.18.290 and 10.16.300 are amended to clarity that public and pri-
not the r ystem. ed to the City's Potable water system and
1, Linda N. Andal, City Clark of the Clly of Anaheim do he
summary of Ordetertca No: 6194 ,whkbaidlimice was d` � that 00 foregeov�_lg�+a a
thean opted at aarreg lar nt �f day of Novembera20T0 and was duy�
0 by the fol deld Councn On the 16dt day of November,
bwireg "I call w8e � thamembers dier�aot:.;
AYES: Mayor P {s, Coundl Msmb ie Skits , HOMandez, Galloway, Kring
NOES: NONE
ASSERT: NONE
ABSTAIN: NONE
The above is a
cll�iancaAli.. 8194arywh t� description of fhe subject matter contained In oho of Or-
city of Anaha6rt. This summary doss i� kx*XWor to describe Section 518 of the Charter of the
Hance arid should not baROW Oft as aslibsiltute for the fun tellofpr of the ordi-
Cl obtain a = 0f the fun ted gf tins
Cleric. (fort 7 66, between 8:00Al"and$sOorT4APMMon t the Friday.
Th r the City
charge for the copy. °"�Y tArough _Friday.. There is no