91-065 RESOLUTION NO. 91R-65
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM FINDING THE
EXISTENCE OF A WATER SHORTAGE,
ORDERING THE IMPLEMENTATION OF
WATER SHORTAGE PLAN II, AND
ADOPTING A SCHEDULE OF PENALTIES.
WHEREAS, California is in the fifth year of a drought, with
precipitation in 1991 significantly below normal; and
WHEREAS, the Metropolitan Water District of Southern
California has implemented a mandatory reduction program for its
member agencies, including Anaheim; and
WHEREAS, the City Council has heretofore adopted Ordinance
No. 5204, adding Chapter 10.18 to Title 10 of the Anaheim
Municipal Code relating to water shortages, which provides that
the City Council may, upon finding that a water shortage exists,
order implementation of a plan which it deems appropriate to
address such water shortage and shall establish a schedule of
penalties to be assessed for violation of that plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ANAHEIM AS FOLLOWS:
1. That, for the reasons hereinabove set forth, the City
Council hereby finds and determines that a Water Shortage exists
in the City of Anaheim.
2. That the city Council hereby orders implementation of
Water Shortage Plan II, as set forth in Section 10.18.070 of
Chapter 10.18 of the Anaheim Municipal Code, provided, however,
that the City Council by this resolution is not adopting a
Drought Surcharge or other rate revision.
3. That the following penalties shall be assessed for
violation of any of the provisions of Section 10.18.070 Water
Shortaqe Plan II:
a. For the first violation, the Department shall issue
written notice of the fact of such violation to the Customer.
b. For the second violation, a penalty shall be imposed
in the amount of twenty-five ($25.00) dollars.
c. For the third violation, a penalty shall be imposed
in the amount of fifty ($50.00) dollars.
d. For the fourth violation, a penalty shall be imposed
in the amount of seventy-five ($75.00) dollars. In addition, the
Department shall install a flow-restricting device of one gallon
per minute capacity for services up to one and one-half inch
size, and comparably sized restrictors for larger services, on
the service of the Customer at the premises where the violation
occurred. The flow-restricting device shall remain on the
Customer's service for a period of not less than forty-eight
hours.
e. For the fifth and any subsequent violations, the
Department shall have the right to reduce the amount of water
provided to the Customer, including termination of service.
The method for payment of penalties shall be described in
the Notice of Violation provided to the Customer pursuant to
Section 10.18.130.
Penalties assessed under this Resolution pursuant to Section
10.18.120 shall be deemed a debt due and owing to the City of
Anaheim. If the penalty is not paid in full within sixty (60)
days after the Notice of Violation is issued, or within thirty
(30) days after the final decision of the General Manager if
imposition of a penalty has been stayed pursuant to Section
10.18.140, the Department may include the amount owed as part of
the Customer's bill for charges for water service. In the event
that the penalty is not then paid, the City may, in addition to
whatever other remedies it has, discontinue service until all
delinquent charges have been paid.
4. Capitalized terms used in this Resolution shall have the
meanings as set forth in Section 10.18.020 of the Anaheim
Municipal Code.
5. This Resolution shall take effect on the effective date
of Ordinance No. 5204. If, for any reason, Ordinance No. 5204
does not take effect, this Resolution shall be null and void.
THE FOREGOING RESOLUTION is approved and adopted by the
city Council of the City of Anaheim this 19thday of March~
1991.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby csrtify that
the foregoing Resolution No. 91R-65 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 19th day of
March, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunte~
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 91R-65 on the 20th day of March, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 20th day of March, 1991.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. $OHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 91R-65, duly passed and adopted
by the City Council of the City of Anaheim on March 19, 1991.
CITY CLERK OF THE CITY OF ANAHEIM