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HomeMy WebLinkAbout2021-04-13 - Ordinance No. 2021-01ORDINANCE NO. 2021-01 ORDINANCE OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT REPEALING ORDINANCE NO. 16-01 AND DISCONTINUING THE FLEXIBLE WATER SHORTAGE ADMINISTRATIVE PENALTY STRUCTURE WHEREAS, in May 2015 the State Water Resources Control Board (SWRCB) adopted emergency drought regulations, including a conservation mandate of at least 36% for the Yorba Linda Water District and potential penalties of up to $10,000 per day for failure to meet such mandate; and WHEREAS, the Board of Directors adopted Ordinance No. 15-01 establishing water use restrictions and instituting water shortage administrative penalties in order to address the SWRCB's mandate; and WHEREAS, Ordinance No. 15-01 was subsequently repealed by Ordinance No. 16-01 adopting a flexible water shortage administrative penalty structure; and WHEREAS, the Board of Directors has determined that the imposition of water shortage administrative penalties is no longer necessary and now desires to repeal Ordinance No. 16-01. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. That Ordinance No. 16-01 is hereby repealed effective April 13, 2021. PASSED AND ADOPTED this 13th day of April 2021 by the following called vote: AYES: Directors DesRoches, Hawkins, Jones, Lindsey, and Miller NOES: None ABSTAIN: None ABSENT: None Phil Hawkins, President Yorba Linda Water District ATTEST: Annie Alexander, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Andrew B. Gagen, Esq. Kidman Gagen Law LLP Ordinance No. 2021-01 Discontinuing Flexible Water Shortage Admin Penalty Structure The Orange County Register 1771 S. Lewis Street Anaheim, CA 92805 714-796-2209 5221905 YORBA LINDA WATER DISTRICT ATTN: RICHARD CABADAS 1717 E. MIRALOMAAVE. PLACENTIA, CA 92870 FILE NO. Ordinance (NO.2021-XX) 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 Orange County Register, a newspaper of general circulation, published in the city of Santa Ana, County of Orange, and which newspaper has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of November 19, 1905, Case No. A-21046, 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: 04/08/2021 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 Anaheim, Orange County, California, on Date: April 08, 2021. C, �rc'-A' Signature r.LP1-12/15/16 PROOF OF PUBLICATION Legal No. 0011454443 YORBA LINDA WATER DISTRICT SUMMARY OF PROPOSED ORDINANCE Notice is hereby given that on April 13, 2021 at 6:30 PM, the Board of Directors will consider adoption of an Ordinance that would repeal the flexible water shortage administrative penalty structure that was adopted in response to SWRCB's conservation man- date and associated penalties for failure to meet such mandate due to severe drought conditions. A certified copy of the complete text of the proposed Ordinance is posted at YLWD's Admin Building at 1717 E Miraloma Ave, Placentia CA 92870 and on www.ylwd.com. Published OC Register April 7,2021 11454443 The Orange County Register 1771 S. Lewis Street Anaheim, CA 92805 714-796-2209 5221905 YORBA LINDA WATER DISTRICT ATTN: KERI HOLLON 1717 E. MIRALOMAAVE. PLACENTIA, CA 92870 FILE NO. Ordinance (NO.2021-XX) 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 Orange County Register, a newspaper of general circulation, published in the city of Santa Ana, County of Orange, and which newspaper has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of November 19, 1905, Case No. A-21046, 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: 04/21/2021 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 Anaheim, Orange County, California, on Date: April 21, 2021. Signature r.LP1-12 15 16 PROOF OF PUBLICATION Legal No. 0011456619 YORBA LINDA WATER DISTRICT SUMMARY OF ADOPTED ORDINANCE Notice is hereby given that on April 13, 2021 the Board of Directors adopted an Ordinance by the following vote that repealed the flexible water shortage administrative penalty structure that was adopted in response to SWRCB's conservation mandate due to severe drought conditions. AYES: Directors Des Roches, Hawkins, Jones, Lindsey, and Miller; NOES: None. A certified copy of the complete text of the Ordinance is posted at YLWD's Admin Building at 1717 E Mira loma Ave, Placentia CA 92870. Published OC Register April 21, 2021 11456619