RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM TO ORDER DISCONTINUANCE OF WATER
REDUCTION PLAN II AND TO ORDER IMPLEMENTATION
OF WATER REDUCTION PLAN I PURSUANT TO 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 (“State”), it is the State’s declared policy that the general welfare requires the State’s water resources to be put to beneficial use to the fullest extent capable, that the waste or unreasonable use of water be prevented, and that water be conserved 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 State’s declared policy that the domestic use of water is the highest beneficial use and that irrigation is the next highest beneficial use; and
WHEREAS, on October 19, 2021, Governor Newsom declared a state of emergency due to statewide drought conditions and directed the State Water Resources Control Board (“ State Water Board”) to adopt emergency regulations, as it deemed necessary, to prohibit certain wasteful water practices; and
WHEREAS, on January 4, 2022, the State Water Board adopted emergency regulations to supplement voluntary water conservation on the basis that winter precipitation may not alleviate the current drought conditions; and
WHEREAS, on March 28, 2022, the Governor issued Executive Order (“EO”) N-7-22, which (1) called upon urban water suppliers, like the City of Anaheim (“Anaheim”), to activate their water shortage contingency plans and (2) directed the State Water Board to consider a ban on irrigation of decorative grass around commercial, industrial, and institutional buildings; and WHEREAS, on May 24, 2022, the State Water Board adopted emergency regulations implementing EO N-7-22, which (1) required all urban water suppliers, like Anaheim, to activate their water shortage contingency plans at a Level II or higher and (2) banned the use of potable drinking water for non-functional turf at commercial, industrial, and institutional properties; and WHEREAS, on March 3, 2023, the Department of Water Resources snowpack survey found that precipitation across the State was well above normal and that most regions of the State were well above average for snow water content; and
WHEREAS, on March 24, 2023, the Governor issued EO N -5-23, which reduced emergency drought requirements and eliminated the need for urban water suppliers, like Anaheim, to maintain their water shortage contingency plans at a Level II or higher; and 2 WHEREAS, although the Governor has eased many statewide drought restrictions, he has indicted that long-term water conservation is critical to prepare for frequent and persistent periods of limited water supply in the future; 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 to continue developing permanent reporting and wasteful-use regulations; and WHEREAS, with the easing of the State-declared drought emergency restrictions and the State Water Board’s Level-II requirement expiring on June 5, 2023, it is prudent for Anaheim to lower its water shortage contingency plan level and discontinue the mandatory measures of Water Reduction Plan II; however, Anaheim should continue to prepare for future droughts to reduce future impacts on residents and businesses; and
WHEREAS, Anaheim’s 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:
1. Pursuant to Anaheim Municipal Code (“ AMC”) section 10.18.050.020, t he City Council hereby orders discontinuance of Water Reduction Plan II.
2. The City Council finds that (1) there exists a Mild Water Shortage (as that term is defined in AMC section 10.18.070) and (2) additional voluntary water conservation measures may assist the Ci ty in appropriately responding to the shortage . These findings are supported by the recitals contained herein and such information presented to the City Council.
3. Based on the above findings, the City Council orders the implementation of Water Reduction Plan I pursuant to AMC sections 10.18.050 and 10.18.070.
4. Anaheim’s implementation of Water Reduction Plan I is necessary to safeguard the public health, safety, and welfare due to past prolonged droughts and the reasonable probability of future water shortages.
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3 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this _______ day of _____________, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CITY OF ANAHEIM
_________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
_______________________
CITY CLERK
(148977)