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HomeMy WebLinkAbout2015-05-28 - Ordinance No. 15-01ORDINANCE NO. 15 -01 ORDINANCE OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT INSTITUTING DROUGHT PENALTIES TO COMPLY WITH STATE OF CALIFORNIA MANDATE WHEREAS, on January 17, 2014 the Governor of California proclaimed a State of Emergency due to severe drought conditions and directed state officials to take all necessary actions to prepare for these drought conditions; and WHEREAS, on April 25, 2014 the Governor of California issued an executive order that called on all Californians to redouble their efforts to conserve water; and WHEREAS, on April 1, 2015, due to persisting drought conditions, the Governor of California issued an executive order that called for a statewide reduction in potable water use of 25 %, and WHEREAS, on May 6, 2015, emergency drought regulations, which were adopted by the State Water Resources Control Board ( SWRCB), went into effect setting conservation mandates for water suppliers; and WHEREAS, for Yorba Linda Water District, the SWRCB has established a conservation mandate of at least 36 %; and WHEREAS, the SWRCB has informed water suppliers, including Yorba Linda Water District, that failure to meet the conservation mandate may subject them to penalties of up to $10,000 per day; and WHEREAS, on May 11, 2015 the Board of Directors adopted Resolution No. 15 -04, determining that due to drought or other water supply conditions, a water shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions; and WHEREAS, the Board of Directors, in order to address the SWRCB's mandate, seeks to establish water use restrictions and establish and impose administrative penalties upon any customer who exceeds the water use restrictions set forth herein; and WHEREAS, the penalties established and imposed herein are not for the purpose of recovering the cost of providing water service to Yorba Linda Water District's water customers. Ordinance No. 15 -01 Instituting Drought Penalties to Comply with State of California Mandate NOW THEREFORE BE IT ORDAINED, under the authority of State law, including, but not limited to Sections 31026 and 53069.4 of the California Water Code, that the Board of Directors of the Yorba Linda Water District does hereby establish water use restrictions and establish and impose administrative penalties upon any customer who exceeds the water use restrictions in order to comply with the SWRCB's conservation mandate and to protect the District's water supplies, reduce the quantity of water consumed, and deter and prevent the waste or unreasonable use of valuable water resources. Section 1. Administrative Penalties for Exceeding Mandatory Water Use Restrictions Beginning July 1, 2015, each customer who has a potable water account with the District shall be subject to the following administrative penalties at the end of their respective billing cycle should their consumption exceed the amounts set forth below: Irriaation Residential Penalty Block 1 1 -115 Units Penalty Block 1 1 -18 Units $ - Block 2 19 -29 Units $ 10.00 Block 3 30 -49 Units $ 20.00 Block 4 50 -74 Units $ 40.00 Block 5 75 -99 Units $ 80.00 Block 6 100+ Units $ 160.00 Irriaation Commercial Penalty Block 1 1 -115 Units Penalty Block 1 1 -50 Units $ - Block 2 51 -75 Units $ 25.00 Block 3 76 -100 Units $ 50.00 Block 4 100 -150 Units $ 100.00 Block 5 151 -200 Units $ 200.00 Block 6 200+ Units $ 400.00 Irriaation Ordinance No. 15 -01 Instituting Drought Penalties to Comply with State of California Mandate 2 Penalty Block 1 1 -115 Units $ - Block 2 116 -200 Units $ 65.00 Block 3 201 -300 Units $ 130.00 Block 4 301 -400 Units $ 260.00 Block 5 401 -500 Units $ 520.00 Block 6 500+ Units $ 1,000.00 Ordinance No. 15 -01 Instituting Drought Penalties to Comply with State of California Mandate 2 Section 2. Payment of Penalties Any penalty imposed pursuant to Section 1 shall be collected on the customer's water bill. Failure to pay a penalty amount will be treated as nonpayment of the water bill and water service may be terminated as a result. In the event that the individual responsible for payment of the water bill is not the violator of this Ordinance, notification of penalties will go to both the violation address and the billing address on file, with any and all fines and associated charges. Payment of the bill will be the final responsibility of the individual named on the account. Section 3. Appeal Procedures 1. Filing an Appeal. Any customer who wishes to appeal an administrative penalty imposed by the District pursuant to this Ordinance shall comply with the following procedures: a. The appellant shall pay all amounts due and owing on his /her water bill, including any disputed penalty(ies) imposed by the District pursuant to this Ordinance. b. The appellant shall submit an appeal request form (Exhibit A) to the General Manager or his /her designee no later than fourteen (14) days from the date of the appellant's water bill for the billing cycle in which any penalty(ies) are imposed. 2. Basis for Granting an Appeal. An appeal may be granted under the following limited circumstances: a. The amount of water delivered to the appellant's property did not violate the rules and regulations, as evidenced by a demonstrable malfunction in the meter serving the appellant's property or a billing error by the District. b. The appellant demonstrates the water use is needed for health and /or safety reasons. 3. Denial of Appeal Request. The decision by the General Manager or his /her designee to deny a request for appeal shall be final. Section 4. Use of Penalties Penalty funds collected pursuant to this Ordinance shall not be collected for the purpose of recovering the cost of providing water service to Yorba Linda Water District's water customers and shall be segregated into a fund which is not used to pay the cost of providing water service to Yorba Linda Water District's water customers. Ordinance No. 15 -01 Instituting Drought Penalties to Comply with State of California Mandate 3 Section 5. These rules and regulations shall be in full force and effect on June 1, 2015. Section 6. The Board Secretary is hereby instructed to publish this Ordinance pursuant to subdivision (a) of Section 31027 of the California Water Code. PASSED AND ADOPTED this 28th day of May 2015, by the following called vote: AYES: Directors Beverage, Collett, Hawkins, Kiley and Melton NOES: None ABSTAIN: None ABSENT: None ATTEST: Marc Marc ntonio, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Arthur . Kidman, Esq. Kidman Law LLP Ric Collett, President Yorba Linda Water District Ordinance No. 15 -01 Instituting Drought Penalties to Comply with State of California Mandate Exhibit A YL w YORBA LINDA WATER DISTRICT Drought Emergency Penalty Appeal Request Form Name (Printed): Account#: Bill Date: Service Address: Street City Zip Reason for request for appeal from drought emergency penalty: I understand that any information provided on this form or in supporting documentation that is found to be willfully falsified shall result in an automatic denial of the appeal. Signature: Date: Please drop-off, mail or fax completed form to: YLWD Administration Office YLWD Drought Emergency 1717 E Miraloma Ave PO Box 309 Placentia CA 92870 Yorba Linda CA 92885 Fax: 714-701-3058 FOR OFFICE USE ONLY Approved: Denied: Exhibit A YORBA LINDA WATER DISTRICT Drought Emergency Penalty Appeal Procedures 1. Filing an Appeal Any customer who wishes to appeal an administrative penalty imposed by the District pursuant to Ordinance No. 15-01 shall comply with the following procedures: a. The appellant shall pay all amounts due and owing on his/her water bill, including any disputed penalty(ies) imposed by the District pursuant to Ordinance No. 15-01. b. The appellant shall submit an appeal request form (Exhibit A) to the General Manager or his/her designee no later than fourteen (14) days from the date of the appellant's water bill for the billing cycle in which any penalty(ies) are imposed. 2. Basis for Granting an Appeal An appeal may be granted under the following limited circumstances: a. The amount of water delivered to the appellant's property did not violate the rules and regulations, as evidenced by a demonstrable malfunction in the meter serving the appellant's property or a billing error by the District. b. The appellant demonstrates the water use is needed for health and/or safety reasons. 3. Denial of Appeal Request The decision by the General Manager or his/her designee to deny a request for appeal shall be final. AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION SOUTH COAST WATER DISTRICT STATE OF CALIFORNIA, ) NOTICE OF PUBLIC HEARING ) Ss. County of Orange ) NOTICE IS HEREBY GIVEN of a public hearing to hear all objections or protests,if any, to the Report on Sewer Standby Charges filed with the District's Secretary containing a de- scription of each undeveloped parcel of real property and the amount of charges to be col- lected in connection with sewer service availability for Fiscal Year 2015-2016,July 1,2015 to I am a citizen of the United States and a June 30,2016. This report sets forth amounts for service availability,which amounts shall be collected via the County Property Tax Statements. Such amounts have been deter- resident of the County aforesaid; I am over the mined in accordance with District Ordinance Nos.209,'212,213 and 215. The public hearing is scheduled for Thursday,June 25,2015,at 6:00 p.m.or as soon as age of eighteen years and not a party to or possible thereafter before the South Coast Water District Board of Directors,in the City of Dana Point Council Chamber,33282 Golden Lantern,Dana Point,County of Orange,Cali- fornia. The report is available for review at the District office.at 31592 West Street,Laguna interested in the above entitled matter.I am the Beach,CA between the hours of 7:00 a.m.and 6:00 p.m.Monday through Thursday. Andrew Brunhart,Secretary principal clerk of The Orange County Publish Orange County Register June 4 and June 11,2015 R-910 10055278 ORDINANCE NO.15.01 OF THE BOARD OF DIRECTORS OF THE Register, a newspaper of general circulation, YORBA LINDA WATER DISTRICT INSTITUTING DROUGHT PENALTIES TO COMPLY WITH STATE OF CALIFORNIA MANDATE Emer- 11 published in the city of Santa Ana, County of WHEREAS,on January 17,2014 the Governor of California proclaimed a State of Emer- y y gency due to severe drought conditions and directed state officials to take all necessary actions to prepare for these drought conditions;and WHEREAS,on April 25,2014 the Governor of California issued an executive order that called on all Californians to redouble Orange, and which newspaper has been their efforts to conserve water;and WHEREAS,on April 1,2015,due to persisting drought conditions,the Governor of California issued an executive order that called for a statewide reduction in potable water use of 25%;and WHEREAS, on May 6,2015,emergency adjudged to be a newspaper of general drought regulations,which were adopted by the State Water Resources Control Board (SWRCB), went into effect setting conservation mandates for water suppliers; and circulation by the Superior Court of the WHEREAS,for Yorba Linda Water District,the SWRCB has established a conservation Y p mandate of at least 36%;and WHEREAS,the SWRCB has informed water suppliers,in- cluding Yorba Linda Water District,that failure to meet the conservation mandate may sub- County of Orange, State of California under ject them to penalties of up to$10,000 per day;and WHEREAS,on May 11,2015 the Board of Directors adopted Resolution No.15-04,determining that due to drought or other water supply conditions,a water shortage or threatened shortage exists and a consumer 1905, Case No. A- demand reduction is necessary to make more efficient use of water and appropriately re- the date of November 19 spond to existing water conditions;and WHEREAS,the Board of Directors,in order to ad- dress the SWRCB's mandate,seeks to establish water use restrictions and establish and 21046, that the notice, of which the annexed is impose administrative penalties upon any customer who exceeds the water use restrictions set forth herein;and WHEREAS,the penalties established and imposed herein are not for the purpose of recovering the cost of providing water service to Yorba Linda Water Dis- trict's water customers.NOW THEREFORE BE IT ORDAINED,under the authority of printed copy, published State law,including,but not limited to Sections 31026 and 53069.4 of the California Water Code,that the Board of Directors of the Yorba Linda Water District does hereby establish regulular and entire issue of said newspaper and water use restrictions and establish and impose administrative penalties upon any custom- ar er who exceeds the water use restrictions in order to comply with the SWRCB's conserva- tion mandate and to protect the District's water supplies,reduce the quantity of water con- sumed,in any supplement thereof on the following sumed,and deter and prevent the waste or unreasonable use of valuable water resources. Y p1 g Section 1.Administrative Penalties for Exceeding Mandatory Water Use Restrictions Beginning July 1,2015,each customer who has-a potable water account dates,to wit: with the District shall be subject to the following administrative penalties at the end of their respective billing cycle should their consumption exceed the amounts set forth below Residential ' June 4 2015 Penalty , Block 1 1-18 Units $ - Block 2 19-29 Units $ 10.00 I certify(or declare)under the penalty of perjury Block 3 30-49 Units $ 20.00 Y ) p Y p J ry Block 4 50-74 Units $ 40.00 Block 5 75-99 Units $ 80.00 under the laws of the State of California that the Block 6 100+ Units $ 160.00 Commercial Penalty foregoing is true and correct": Block 1 1-50 Units $ Block 2 51-75 Units $ 25.00 Block 3 76-100 Units $ 50.00 Executed at Santa Ana, Orange County, Block 4 100-150 Units $ 100.00 Block 5 • 151-200 Units $ 200.00 California,on Block 6 200+Units $ 400.00 irrigation Penalty, Block 1 1-115 Units $ Date June 4, 2015. Block 2 116-200 Units $ 65.00 Block 3 201-300 Units $ 130.00 Block 4 301-400 Units $ 260.00 Block 5 401-500 Units $ 520.00 /41pL:::::.7 7:::: -,4". "--L Block 6 500+r bits $ 1,000 a p Section 2.Payment of Penalties Any penalty imposed pursuant to Section 1 shall be collected on the customer's water bill. Failure to pay a penalty amount will be treated as nonpayment of the water bill and water service may be terminated as a result. In the event that the individual responsible for payment of the water bill is not the violator of this Ordi- nance,notification of penalties will go to both the violation address and the billing address on file,with any and all fines and associated charges. Payment of the bill will be the final responsibility of the individual named on the account.Section 3.Appeal Procedures 1.'Filing an Appeal. Any customer who wishes to appeal an administrative penalty im- Signature posed by the District pursuant to this Ordinance shall comply with the following proce- dures:a.The appellant shall pay all amounts due and owing on his/her water bill,including any disputed penalty(ies)imposed by the District pursuant to this Ordinance.b.The appel- lant shall submit an appeal request form(Exhibit A)to the General Manager or his/her des- The Orange County Register ignee no later than fourteen(14)days from the date of the appellant's water bill for the bill- ing cycle in which any penalty(ies)are imposed.2.Basis for Granting an Appeal. An ap- 625 N.Grand Ave. peal may be granted under the following limited circumstances:a.The amount of water delivered to the appellant's property did not violate the rules and regulations,as evidenced Santa Ana,CA 92701 by a demonstrable malfunction in the meter serving the appellant's property or a billing er- (714)796-2209 ror by the District.b.The appellant demonstrates thereater use is needed for health and/or safety reasons.3. Denial of Appeal Request. The decision by the General Manager or his/her designee to deny a request for appeal shall be final.Section 4.Use of Panel- ties Penalty funds collected pursuant to this Ordinance shall not be collected for the pur- pose of recovering the cost of providing water service to Yorba Linda Water District's water customers and shall be segregated into a fund which is not used to pay the cost of provid- ing water service to Yorba Linda Water District's water customers.Section 5.These rules and regulations shall be in full force and effect on June 1,2015.Section 6.The Board Secretary is hereby instructed to publish this Ordinance pursuant to subdivision(a)of Sec, tion 31027 of the California Water Code.PASSED AND ADOPTED this 28th day of May 2015,by the following called vote:AYES:Directors Beverage,Collett,Hawkins,Kiley and Melton NOES:None ABSTAIN:None ABSENT:None /s/Ric Collett, President Yorba Linda Water District ATTEST: /s/Marc Marcantonio, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: /s/Arthur G. Kidman,Esq.Kidman Law LLP Published:Orariae County Register June 4,2015. R-890 10054267