HomeMy WebLinkAbout2015-04-09 - Board of Directors Meeting Agenda Packet
AGENDA
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Thursday, April 9, 2015, 8:00 AM
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Ric Collett, President
Michael J. Beverage, Vice President
Phil Hawkins
Robert R. Kiley
Gary T. Melton
4. ADDITIONS/DELETIONS TO THE AGENDA
5. PUBLIC COMMENTS
Any individual wishing to address the Board is requested to identify themselves and state the matter on which
they wish to comment. If the matter is on the agenda, the Board will recognize the individual for their comment
when the item is considered. No action will be taken on matters not listed on the agenda. Comments are limited
to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to three
minutes.
6. PRESENTATIONS
6.1. Refund from ACWA/JPIA's Rate Stabilization Fund
7. CLOSED SESSION
The Board may hold a closed session on items related to personnel, labor relations and/or litigation. The public is
excused during these discussions.
7.1. Conference with Labor Negotiators Pursuant to Section 54957.6 of the California
Government Code Agency
Designated Representatives: Gina Knight, Human Resources/Risk Manager, and
Connie Almond, Attorney, Liebert Cassidy Whitmore
Employee Organization: Yorba Linda Water District Employees Association
8. CONSENT CALENDAR
All items listed on the consent calendar are considered to be routine matters, status reports, or documents
covering previous Board instructions. The items listed on the consent calendar may be enacted by one motion.
There will be no discussion on the items unless a member of the Board, staff, or public requests further
consideration.
8.1. Minutes of the Board of Directors Regular Meeting held February 26, 2015
Recommendation: That the Board of Directors approve the minutes as presented.
8.2. Minutes of the Board of Directors Special Meeting held March 9, 2015
Recommendation: That the Board of Directors approve the minutes as presented.
8.3. Payments of Bills, Refunds, and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize disbursements in
the amount of $439,525.49.
9. ACTION CALENDAR
This portion of the agenda is for items where staff presentations and Board discussions are needed prior to
formal Board action.
9.1. Senate Bill 355 (Lara) – San Gabriel and Lower Los Angeles Rivers and Mountains
Conservancy
Recommendation: That the Board of Directors (1) consider taking an Oppose
Unless Amend position, removing the language eliminating one of Orange County’s
seats on the Conservancy’s Board of Directors; and (2) submit a letter to the author
and the Senate Natural Resources and Water Committee indicating the District's
opposition.
10. DISCUSSION ITEMS
This portion of the agenda is for matters that cannot reasonably be expected to be concluded by action of the
Board of Directors at the meeting, such as technical presentations, drafts of proposed policies, or similar items for
which staff is seeking the advice and counsel of the Board of Directors. Time permitting, it is generally in the
District’s interest to discuss these more complex matters at one meeting and consider formal action at another
meeting. This portion of the agenda may also include items for information only.
10.1. Governor's Executive Order for Mandatory Water Reductions
11. REPORTS, INFORMATION ITEMS, AND COMMENTS
11.1. President's Report
11.2. Directors' Reports
· NOCLA Monthly Meeting - April 1, 2015
11.3. General Manager's Report
11.4. General Counsel's Report
11.5. Future Agenda Items and Staff Tasks
12. COMMITTEE REPORTS
12.1. Executive-Administrative-Organizational Committee
(Collett / Beverage)
· Next meeting is scheduled to be held April 13, 2015 at 4:00 p.m.
12.2. Investment Ad Hoc Committee
(Hawkins / Beverage)
· Next meeting is yet to be scheduled.
12.3. YLWD-City of Placentia Joint Agency Committee
(Melton / Kiley)
· Minutes of the meeting held April 7, 2015 at 9:00 a.m. (To be provided at the next
regular Board meeting.)
· Next meeting is yet to be scheduled.
12.4. YLWD-City of Yorba Linda Joint Agency Committee
(Collett / Beverage)
· Next meeting is scheduled to be held April 28, 2015 at 10:00 a.m. at the District's
offices.
12.5. YLWD-MWDOC-OCWD Joint Agency Committee
(Collett / Melton)
· Minutes of the meeting held March 24, 2015 at 4:00 p.m.
· Next meeting is scheduled to be held May 26, 2015 at 4:00 p.m.
12.6. Citizens Advisory Committee
(Collett)
· Next meeting is scheduled to be held April 27, 2015 at 8:30 a.m.
13. INTERGOVERNMENTAL MEETINGS
13.1. YL Planning Commission - March 25, 2015 (Hawkins)
13.2. OCSD - March 25, 2015 (Kiley/Beverage)
13.3. YL LMCAC - March 26, 2015 (Beverage - As Needed)
13.4. MWDOC Board - April 1, 2015 (Kiley)
13.5. OCSD Operations Committee - April 1, 2015 (Kiley/Beverage)
13.6. OCWD Board - April 1, 2015 (Collett)
13.7. YL City Council - April 7, 2015 (Beverage)
13.8. LAFCO - April 8, 2015 (Beverage - As Needed)
14. BOARD OF DIRECTORS ACTIVITY CALENDAR
14.1. Meetings from April 10, 2015 - May 31, 2015
15. CONFERENCES, SEMINARS, AND SPECIAL EVENTS
This section of the agenda is for the Board of Directors to authorize Director attendance at the listed events.
15.1. NOCLA Monthly Meeting - April 1, 2015
NOCLA Elected Officials Reception - April 16, 2015
SCWC Quarterly Luncheon - April 24, 2015
YL Chamber of Commerce Appreciation Breakfast - April 29, 2015
Water Reuse and Desalination Research Conference - May 4-5, 2015
Recommendation: That the Board of Directors authorize and/or ratify Director
attendance at these events if desired.
16. ADJOURNMENT
16.1. A Board of Directors Special Meeting is scheduled for Tuesday, April 14, 2015 at 1:00
p.m. The next Regular Board of Directors Meeting will be held Thursday, April 23, 2015
at 8:30 a.m.
Items Distributed to the Board Less Than 72 Hours Prior to the Meeting
Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items
and are distributed to a majority of the Board less than seventy-two (72) hours prior to the meeting will be available for
public inspection in the lobby of the District’s business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870,
during regular business hours. When practical, these public records will also be made available on the District’s internet
website accessible at http://www.ylwd.com/.
Accommodations for the Disabled
Any person may make a request for a disability-related modification or accommodation needed for that person to be
able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba
Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and
the type of accommodation requested. A telephone number or other contact information should be included so the
District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should
make the request with adequate time before the meeting for the District to provide the requested accommodation.
ITEM NO. 8.1
AGENDA REPORT
Meeting Date: April 9, 2015
Subject:Minutes of the Board of Directors Regular Meeting held February 26, 2015
STAFF RECOMMENDATION:
That the Board of Directors approve the minutes as presented.
ATTACHMENTS:
Name:Description:Type:
2015-02-26_-_BOD_-_Minutes.doc Minutes Minutes
Approved by the Board of Directors of the
Yorba Linda Water District
4/9/2015
MB/RK 4-0-0-1
PH was absent.
1
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Thursday, February 26, 2015, 8:30 a.m.
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
The February 26, 2015 Regular Meeting of the Yorba Linda Water District Board
of Directors was called to order by President Collett at 8:30 a.m. The meeting
was held in the Board Room at the District’s Administration Building located at
1717 East Miraloma Avenue in Placentia, California 92870.
2. PLEDGE OF ALLEGIANCE
President Collett led the pledge.
3. ROLL CALL
DIRECTORS PRESENT STAFF PRESENT
Ric Collett, President Marc Marcantonio, General Manager
Michael J. Beverage, Vice President Steve Conklin, Engineering Manager
Phil Hawkins Javier Martinez, Water Production Superintendent
Robert R. Kiley Gina Knight, Human Resources / Risk Manager
Gary T. Melton Kelly McCann, Senior Accountant
Damon Micalizzi, Public Information Manager
Marcus Millen, Records Management Specialist
Malissa Tem, Public Affairs Specialist
ALSO PRESENT
Eddy Beltran, Partner, Kidman Law LLP
Tom Lindsey, Mayor Pro Tem, City of Yorba Linda
Daniel Mole, Chair, YLWD Citizens Advisory Committee
Modesto Llanos, Member, YLWD Citizens Advisory Committee
4. ADDITIONS/DELETIONS TO THE AGENDA
None.
5. PUBLIC COMMENTS
Mr. Mole addressed the Board and provided an overview of matters discussed
during the February 23, 2015 Citizens Advisory Committee meeting. He also
provided feedback from the Committee in relation to the District’s rate structure
and reserves policy. Mr. Mole then responded to questions from the Board.
Mr. Mole left the meeting at this time.
Mayor Pro Tem Lindsey addressed the Board and commented on a MWD facility
tour he had recently attended.
2
6. SPECIAL RECOGNITION
6.1. Presentation of Proclamation to Director Phil Hawkins for 5 Years of
Service to the District
President Collett presented Director Hawkins’ with a proclamation and a
service pin commemorating his service as a member of the Board for 5
years. The Board and audience then applauded Director Hawkins for his
accomplishment.
Ms. Tem left the meeting at this time.
7. CONSENT CALENDAR
Director Beverage made a motion, seconded by Director Kiley, to approve the
Consent Calendar. Motion carried 5-0.
7.1. Payments of Bills, Refunds, and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize
disbursements in the amount of $1,082,650.55.
7.2. Easement Quitclaim for SARI Project
Recommendation: That the Board of Directors approve quitclaim to the
Orange County Flood Control District of all its right, title and interest in real
property located in Tract No. 11663 and in Tract 11836, as described in
the Quitclaim Deed and Exhibits A through D, as provided, and authorize
the General Manager to execute the document for transmittal to the
County.
7.3. Claim Submitted by Julie Lonsdale
Recommendation: That the Board of Directors reject the claim submitted
by Julie Lonsdale and refer it to ACWA/Joint Powers Insurance Authority.
8. ACTION CALENDAR
8.1. Report on Board Governance Workshop and Consideration of Proposal
for Development of Board Policies and Procedures Manual
Mr. Marcantonio explained that BHI had prepared a proposal to facilitate
the development of a Board of Directors Policies and Procedures Manual
for a total estimated cost of $8,800. The benefit of engaging BHI to assist
the District with this important project is that they could serve as an
objective outside party. However, should the Board desire, staff would be
willing to assist with the creation of this document in-house for an
anticipated cost of $2,500. Mr. Marcantonio then responded to questions
from the Board regarding the potential risk and time involved with having
staff complete this work versus utilizing an outside consultant. Mrs. Knight
and Mr. Beltran also responded to questions from the Board in regards to
staff time and availability and associated costs for legal review.
3
Director Hawkins made a motion, seconded by Director Kiley, to instruct
staff to assist with the development of a Board of Directors Policies and
Procedures Manual. Motion carried 5-0.
8.2. Approval to Proceed with Water and Sewer Rate Study Request for
Proposal (RFP)
Mr. Marcantonio explained that in order to determine the need for a rate
increase in water and sewer services, a Water and Sewer Cost of
Services Analysis and Rate Study is required. The District’s current
purchasing policy stipulates that any charges in excess of $25,000
requires a Request for Proposal (RFP) process. Due to the sensitive
nature of potential Proposition 218 challenges, the completion of a Cost of
Services and Rate Study by a dis-interested third party agency validates
any proposed increases and lessens the liability to the District. The scope
of work for the RFP could potentially include a “conservation rate” and the
establishment of a revenue and/or rate stabilization fund. Mr. Beltran then
responded to questions from the Board regarding the benefits associated
with engaging a consultant to conduct these types of studies versus
preforming them in-house. Mr. Marcantonio also responded to questions
from the Board regarding the data to be included in the study.
Director Beverage made a motion, seconded by Director Melton, to
authorize staff to begin with the Request for Proposal process for a Water
and Sewer Rate Study and Cost of Services Analysis. Motion carried 5-0.
9. REPORTS, INFORMATION ITEMS, AND COMMENTS
9.1. President's Report
None.
9.2. Directors' Reports
MWDOC Water Policy Forum - February 5, 2015
Director Melton reported on his attendance at this event and
commented on presentation provided by Dr. Lucy Jones’ regarding
the projected impact of a magnitude 8.0 earthquake along the San
Andreas Fault.
Director Melton also expressed his condolences on the recent
passing of Rick Buck’s sister. Mr. Buck is a member of the Citizens
Advisory Committee.
9.3. General Manager's Report
Mr. Marcantonio provided the Board with an overview of his activities and
meeting attendance. He then asked each manager (or their designee) in
attendance to provide a report regarding activities within their respective
departments.
4
9.4. General Counsel's Report
Mr. Beltran provided additional comments regarding the benefits of
engaging a consultant to conduct cost of services analyses and rate
studies as related to potential litigation.
9.5. Future Agenda Items and Staff Tasks
None.
10. COMMITTEE REPORTS
10.1. Executive-Administrative-Organizational Committee
(Collett / Beverage)
Minutes of the meeting held February 9, 2015 at 4:00 p.m. were
provided in the agenda packet.
Next meeting is scheduled to be held March 9, 2015 at 4:00 p.m.
10.2. Investment Ad Hoc Committee
(Hawkins / Beverage)
Meeting held February 12, 2015 at 10:30 a.m.
Next meeting is scheduled to be held March 2, 2015 at 11:30 a.m.
10.3. YLWD-City of Placentia Joint Agency Committee
(Melton / Kiley)
Minutes of the meeting held February 24, 2015 at 9:00 a.m. will be
provided at the next regular Board meeting.
Next meeting is yet to be scheduled.
10.4. YLWD-City of Yorba Linda Joint Agency Committee
(Collett / Beverage)
Minutes of the meeting held February 10, 2015 at 10:30 a.m. will be
provided at the next regular Board meeting.
Next meeting is scheduled to be held Tuesday, April 28, 2015 at
10:00 a.m. at the District’s offices.
10.5. YLWD-MWDOC-OCWD Joint Agency Committee
(Collett / Melton)
Next meeting is scheduled to be held March 24, 2015 at 4:00 p.m.
5
10.6. Citizens Advisory Committee
(Collett)
Minutes of the meeting held February 23, 2015 at 8:30 a.m. will be
provided at the next regular Board meeting.
Next meeting is scheduled to be held March 23, 2015 at 8:30 a.m.
11. INTERGOVERNMENTAL MEETINGS
11.1. YL LMCAC - February 12, 2015 (Beverage - As Needed)
Director Beverage did not attend this meeting.
11.2. YL City Council - February 17, 2015 (Collett)
Director Collett attended and commented on a presentation regarding the
Esperanza Hills Final Environmental Impact Report and direction on the
Landscape Maintenance Citizen Advisory Committee’s (LMCAC)
recommendations which were discussed during the meeting.
Mayor Pro Tem Lindsey addressed the Board and commented on the
possibility of synchronizing the District’s and the City’s Proposition 218
processes.
11.3. MWDOC Board - February 18, 2015 (Melton)
Director Melton attended and noted that it was a very short meeting. He
also commented on his attendance at the YLWD/City of Placentia Joint
Agency Committee meeting held earlier in the week.
11.4. OCWD Board - February 18, 2015 (Kiley)
Director Kiley attended and reported that the Board had come to a
decision regarding the placement of digital audio recordings of
Board/Committee meetings on OCWD’s website. The proposed Citizens
Advisory Committee for Poseidon Resources’ Ocean Desalination Project
in Huntington Beach and status of the North Basin Groundwater
Contamination Cleanup Project were also discussed during the meeting.
11.5. YL Planning Commission - February 25, 2015 (Hawkins)
This meeting was cancelled.
11.6. OCSD - February 25, 2015 (Kiley/Beverage)
Directors Kiley and Beverage attended. Director Kiley stated that it was a
very short meeting and that the Board had approved the Memoranda of
Understanding between OCSD and its bargaining units. Director
Beverage commented on the longevity of OCSD employees and the large
number of staff expected to retire over the next several years.
6
12. BOARD OF DIRECTORS ACTIVITY CALENDAR
12.1. Meetings from February 27, 2015 – March 31, 2015
The Board reviewed the activity calendar and made no changes.
13. CLOSED SESSION
The meeting was adjourned to Closed Session at 9:55 a.m. All Directors were
present. Also present were Mr. Marcantonio, Mrs. Knight and Mr. Beltran.
13.1. Conference with Legal Counsel - Anticipated Litigation
Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision
(d) of Section 54956.9 of the California Government Code
Related to potential claim submitted on behalf of Gai Thi Lesher.
Number of Potential Cases: One
Mrs. Knight and Mr. Beltran left the meeting at this time.
13.2. Public Employee Performance Evaluation
Pursuant to Section 54957 of the California Government Code
Title: General Manager
The Board reconvened in Open Session at 11:00 a.m. During the Closed
Session, the Board voted 5-0 to reject the claim submitted on behalf of Gai Thi
Lesher and refer it to ACWA/Joint Powers Insurance Authority. No other action
was taken during Closed Session that was required to be reported under the
Brown Act.
14. ADJOURNMENT
14.1. The meeting was adjourned at 11:00 a.m. The next Regular Board of
Directors Meeting will be held Thursday, March 12, 2015 at 8:30 a.m.
Marc Marcantonio
Board Secretary
ITEM NO. 8.2
AGENDA REPORT
Meeting Date: April 9, 2015
Subject:Minutes of the Board of Directors Special Meeting held March 9, 2015
STAFF RECOMMENDATION:
That the Board of Directors approve the minutes as presented.
ATTACHMENTS:
Name:Description:Type:
030915_BOD_-_Minutes.doc Minutes Minutes
Approved by the Board of Directors of the
Yorba Linda Water District
4/9/2015
MB/RK 4-0-0-1
PH was absent.
1
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS SPECIAL MEETING
Monday, March 9, 2015, 8:00 a.m.
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
The March 9, 2015 Yorba Linda Water District Board of Directors Special
Meeting was called to order by President Collett at 8:00 a.m. The meeting was
held in the Board Room at the District’s Administration Building located at 1717
East Miraloma Avenue in Placentia, California 92870.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
DIRECTORS PRESENT STAFF PRESENT
Ric Collett, President Marc Marcantonio, General Manager
Michael J. Beverage, Vice President
Phil Hawkins
Robert R. Kiley
Gary T. Melton
ALSO PRESENT
Connie Almond, Attorney, Liebert Cassidy Whitmore
4. PUBLIC COMMENTS
None.
5. CLOSED SESSION
The meeting was adjourned to Closed Session at 8:00 a.m. All Directors were
present. Also present was Ms. Almond.
5.1. Public Employee Performance Evaluation
Pursuant to Section 54957 of the California Government Code
Title: General Manager
Mr. Marcantonio joined the Closed Session at 8:30 a.m.
The Board reconvened in Open Session at 8:35 a.m. No action was taken
during Closed Session that was required to be reported under the Brown Act.
2
6. ADJOURNMENT
6.1. The meeting was adjourned at 8:35 a.m. The next Regular Board of
Directors Meeting will be held Thursday, March 12, 2015 at 8:30 a.m.
Marc Marcantonio
Board Secretary
ITEM NO. 8.3
AGENDA REPORT
Meeting Date: April 9, 2015 Budgeted:Yes
To:Board of Directors Cost Estimate:$439,525.49
Funding Source:All Funds
From:Marc Marcantonio, General
Manager
Presented By:Delia Lugo, Finance Manager Dept:Finance
Reviewed by Legal:N/A
Prepared By:Richard Cabadas, Accounting
Assistant I
CEQA Compliance:N/A
Subject:Payments of Bills, Refunds, and Wire Transfers
SUMMARY:
Section 31302 of the California Water Code says the District shall pay demands made against it when
they have been approved by the Board of Directors. Pursuant to law, staff is hereby submitting the list of
disbursements for Board of Directors’ approval.
STAFF RECOMMENDATION:
That the Board of Directors ratify and authorize disbursements in the amount of $439,525.49.
DISCUSSION:
The major items on this disbursement list are as follows: A check of $47,003.75 to CalCard US Bank for
February and March 2015 credit card transactions; and a wire of $15,230.50 to So. Cal GIB – Wells
Fargo Bank for January through March 2015 line of credit fees. The balance of $120,975.23 is routine
invoices.
The Accounts Payable check register total is $183,209.48; Payroll No. 07 total is $256,316.01; and the
disbursements of this agenda report are $439,525.49. A summary of the checks is attached.
PRIOR RELEVANT BOARD ACTION(S):
The Board of Directors approves bills, refunds and wire transfers semi-monthly.
ATTACHMENTS:
Name:Description:Type:
CkReg040915.pdf CHECK REGISTER Backup Material
15_CC_0409.pdf CREDIT CARD SUMMARY Backup Material
15-CS_0409.pdf CAP SHEET Backup Material
Approved by the Board of Directors of the
Yorba Linda Water District
4/9/2015
MB/RK 4-0-0-1
PH was absent.
Check No.Date Vendor Name Amount Description
65379 04/09/2015 A & Y Asphalt Contractors Inc.18,077.00 PAVING WORK
65366 04/09/2015 AHMAD DAOUK 178.43 CUSTOMER REFUND
65372 04/09/2015 Anaheim Wheel & Tire 85.00 WHEEL ALIGNMENT
65373 04/09/2015 Aqua-Metric Sales Co.10,847.52 WAREHOUSE STOCK
65374 04/09/2015 Aramark 396.89 UNIFORM SERVICE
65375 04/09/2015 Associated Laboratories 1,698.00 LAB TEST - FEBRUARY 2015
65377 04/09/2015 AT & T 46.23 CIRCUIT 78KS315PT
65376 04/09/2015 AT & T - Calnet2 3,074.76 ATT - CALNET2
65378 04/09/2015 Autoscribe Corporation 649.25 PAYMENT VISION GATEWAY
65380 04/09/2015 CalCard US Bank 47,003.75 CREDIT CARD TRANSACTIONS FOR FEBRUARY & MARCH 2015
65381 04/09/2015 CDW Government, Inc 319.79 COMPUTER EQUIPMENT
65382 04/09/2015 Chambers Group Inc.2,566.98 PROF. SERVICE - FEB 2015
65365 04/09/2015 CHAMP DEVELOPEMENT LLC 296.17 CUSTOMER REFUND
65383 04/09/2015 City Of Placentia 3,406.92 SEWER FEES - FEBRUARY 2015
65384 04/09/2015 Clinical Lab. Of San Bern.1,460.00 LAB TEST
65385 04/09/2015 Daniels Tire Service 1,765.37 TIRES - UNIT 197
65370 04/09/2015 DAVID ZICKEFOOSE 125.00 CUSTOMER REFUND
65388 04/09/2015 Dean Criske Trucking 1,717.21 SAND, BASE & COLD MIX - DELIVERY
65358 04/09/2015 DEBRA SIVALINGAM 16.29 CUSTOMER REFUND
65386 04/09/2015 Dell Marketing L.P.5,173.37 COMPUTER EQUIPMENT
65387 04/09/2015 Dick's Lock & Safe Inc.655.24 REPLACE DEADBOLTS
65389 04/09/2015 Eisel Enterprises, Inc.1,490.40 10 X 6 VC 6" CAST IRON COVER
65390 04/09/2015 Elite Equipment Inc 230.57 TOOL REPAIR
65391 04/09/2015 Energy Environmental Soln, Inc 7,200.00 ICE TESTING (YLWD-PASO FINO & FAIRMONT)
65392 04/09/2015 Environmental Engineering & Contracting Inc.1,123.75 PROF SVCS - FEB 2015
65393 04/09/2015 ESRI 11,939.14 SOFTWARE MAINTENANCE
65394 04/09/2015 Fleet Services, Inc 1,397.98 VEHICLE MAINTENANCE
65395 04/09/2015 Flex Advantage 112.50 FLEX ADVANTAGE - MARCH 2015
65396 04/09/2015 Fry's Electronics 2,379.38 IT HARDWARE
65397 04/09/2015 Haaker Equipment Co.1,279.94 HOSE REEL & MOUNTING TAB
65398 04/09/2015 Infosend Inc.8,555.36 DATA, PRINT & POSTAGE
65399 04/09/2015 Jackson's Auto Supply - Napa 122.49 VEHICLE MAINTENANCE
65400 04/09/2015 John Bogosian 399.76 SHOP EQUIPMENT
65401 04/09/2015 Kimball Midwest 90.31 HARDWARE SUPPLIES
65402 04/09/2015 Konica Minolta Business 291.47 BIZHUB C224 - LEASE
65359 04/09/2015 KRISTEN HARRIS 72.26 CUSTOMER REFUND
65368 04/09/2015 LAND CO DEVELOPMENT 683.80 CUSTOMER REFUND
65360 04/09/2015 LARRY ADELMUND 48.26 CUSTOMER REFUND
65403 04/09/2015 Liebert Cassidy Whitmore 505.00 AFORDABLE CARE ACT ACADEMY
65404 04/09/2015 Managed Health Network 164.25 EAP - APRIL 2015
65361 04/09/2015 MARIE SLIM 32.56 CUSTOMER REFUND
65405 04/09/2015 Marina Landscape, Inc 510.00 INSTALLATION OF PLANT MATERIAL
65406 04/09/2015 Mc Fadden-Dale Hardware 524.55 HARDWARE SUPPLIES
65407 04/09/2015 Mc Master-Carr Supply Co.37.55 VEHICLE MAINT - UNIT 168
65408 04/09/2015 Minuteman Press 77.76 BUSINESS CARDS - SMITH, J
65430 04/09/2015 Municipal Water District 114.43 MWDOC - TURF REMOVAL PROG
65409 04/09/2015 Murcal, Inc.1,439.73 FL-50 VALVE
65410 04/09/2015 Muzak LLC 80.18 MUSIC SERVICE - APRIL 2015
65411 04/09/2015 Nickey Kard Lock Inc 4,795.51 FUEL
65367 04/09/2015 OC / LA PROPERTIES LLC 365.21 CUSTOMER REFUND
65412 04/09/2015 Office Solutions 1,894.95 OFFICE SUPPLE & TONER
65413 04/09/2015 Orange Coast Petroleum Equip.513.01 PUMP OIL 3:1
65414 04/09/2015 Orange County - Fire Authority 172.00 C95635 - RICHFIELD BLDG 3
Yorba Linda Water District
Check Register
For Checks Dated: 03/27/2015 thru 4/09/2015
65431 04/09/2015 Orange County Register 91.26 OC REGISTER - M-F - 3 MO
65415 04/09/2015 Praxair Distribution 144.75 SPEC MD ALUM 100-200
65416 04/09/2015 Prudential Group Insurance 3,889.17 INSURANCE LIFE/ADD/LTD & STD
65417 04/09/2015 Quantum Automation 136.41 PANEL
65418 04/09/2015 Quinn Power Systems Associates 3,481.38 CONTROL GROUP - IGNITION
65426 04/09/2015 Rachel Padilla/Petty Cash 436.56 PETTY CASH
65419 04/09/2015 Rick Walkemeyer 97.33 TRAVEL REIMBURSEMENT - WALK,R
65420 04/09/2015 RKI Engineering, LLC 4,800.00 SCADA SUPPORT
65421 04/09/2015 Robert Kiley 0.00 VOID
65432 04/09/2015 Robert Kiley 25.00 MOBILE DATA PLAN
65422 04/09/2015 Safelite Autoglass 233.61 WINDSHIELD REPLACEMENT
65423 04/09/2015 Selman Chevrolet Company 98.60 HANDLE - UNIT 171
65363 04/09/2015 SERGIO MARTINEZ 198.74 CUSTOMER REFUND
W033115 03/31/2015 SoCal GIB-Wells Fargo Bank 15,230.50 LOC - JAN-MAR 2015
65424 04/09/2015 Southern Calif Edison Co.263.32 6354 - MARCH 2015
65425 04/09/2015 Southern Calif Gas Co.2,378.47 VALLEY VIEW - FEBRUARY 2015
65362 04/09/2015 SUSAN HICKS 33.07 CUSTOMER REFUND
65427 04/09/2015 TDI Refrigeration Air Conditioning Inc.126.00 BREAK ROOM A/C
65364 04/09/2015 THOMAS JENNINGS 197.06 CUSTOMER REFUND
65428 04/09/2015 Time Warner Cable 1,688.85 RICHFIELD - BCF FIBER INET & BASIC CABLE
65371 04/09/2015 TOLL BROTHERS - JOB# 200435 434.01 CUSTOMER REFUND
65429 04/09/2015 United Industries 845.89 PPE EQUIPMENT
65369 04/09/2015 WEN DU 176.27 CUSTOMER REFUND
183,209.48
Date Vendor Name Amount Description
2/10/2015 CSU, Sacramento 112.68 Water treatment plan operation course
2/17/2015 Treasure Island Resort 66.08 Deposit for lodging
2/17/2015 Treasure Island Resort 66.08 Deposit for lodging
2/23/2015 Staples 383.99 Office supplies for operations
2/25/2015 Pho Vina Noodles 31.00 Lunch meeting with legal counsel
2/26/2015 Home Depot 88.48 Rebar for Hidden Hills antenna project
2/26/2015 Southwest Airlines 232.70 Round trip flight to CALPERS conference 2015
2/26/2015 Southwest Airlines 232.70 Round trip flight to CALPERS conference 2015
2/27/2015 Sears.com 87.62 Raffle drum tumbler and rolls of tickets
3/12/2015 Kohler 232.70 Waterless urinals cleaner balls
3/12/2015 Home Depot 170.32 Sump pump and repair parts for Valley View
3/12/2015 Home Depot 145.83 Painting supplies
3/13/2015 Answer One Communications 351.84 Answering Service
3/13/2015 United Water Works 12,891.77 January & February 2015 invoices
3/16/2015 Orange County Hose Company 402.30 Building repair parts
3/17/2015 Home Depot 21.56 Anchor bolts for airvac repair
3/17/2015 Orchard Supply Hardware 10.79 Propane for hydrant crew
3/17/2015 Jack in the Box 22.32 CA-NV AWWA symposium - Marc, John D, Ken M
3/18/2015 Home Depot 57.80 Light bulbs for warehouse office
3/18/2015 Grainger 362.38 3/4 HP motor for Fairmont Exhaust fan
3/18/2015 Action Wholesale 489.82 New shelving for warehouse
3/18/2015 J.J. Keller & Associates 2,195.00 SDS - online tracking, OSHA regulations, etc.
3/18/2015 United Water Works 14,911.99 January 2015 invoices
3/18/2015 Verizon Wireless 5,059.58 January & February 2015 - Cell & Data charges
3/19/2015 Online Information Services 312.40 Utility exchange reports
3/19/2015 Placentia Disposal 504.52 (2) Front loads - Richfield
3/19/2015 Inland Group 3,871.68 Winter 2015 newsletters
3/20/2015 Konica Minolta 482.05 C224, 181 & 552 - Copy charges
3/23/2015 Minuteman Press 196.02 Door hangers for shutdown
3/23/2015 Lazy Dog 43.98 Lunch meeting with Marc, Damon, & Tina
3/24/2015 Home Depot 19.38 Bungee cords for warehouse
3/24/2015 KB Design 879.19 T-shirts for safety incentive
3/24/2015 Smart & Finals 187.86 Ice cream party for Hot Tap Team win
3/25/2015 Orange County Water District 1,600.00 Table sponsorship for OCWD Summit
3/25/2015 Home Depot 128.36 Canopy and carpet remnants
3/25/2015 B & M Lawn and Garden 9.44 Oil for hand power tools
3/26/2015 B & M Lawn and Garden 141.54 Parts & oil for facilities tools
47,003.75
Cal Card Credit Card
U S Bank
2/10/15-3/26/15
.
April 09, 2015
CHECK NUMBERS & WIRES:
Computer Checks 65358—65432 $ 167,978.98
VOID 65421 $ 0.00
___________
$ 167,978.98
WIRE:
W033115 SoCal GIB-Wells Fargo $ 15,230.50
____________ $ 15,230.50
TOTAL OF CHECKS & WIRE $183,209.48
PAYROLL NO. 07:
Direct Deposits $ 159,922.71
Third Party Checks 6097—6104 $ 52,025.98
Payroll Taxes $ 44,367.32
$ 256,316.01
TOTAL OF PAYROLL $256,316.01
----------------------------------------------------------------------------------------------------------------------
DISBURSEMENT TOTAL: $439,525.49
==================================================================
APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD
MEETING OF April 09, 2015
==================================================================.
ITEM NO. 9.1
AGENDA REPORT
Meeting Date: April 9, 2015
To:Board of Directors
From:Marc Marcantonio, General
Manager
Presented By:Damon Micalizzi, Public
Information Manager
Prepared By:Damon Micalizzi, Public
Information Manager
Subject:Senate Bill 355 (Lara) – San Gabriel and Lower Los Angeles Rivers and
Mountains Conservancy
SUMMARY:
Senate Bill 355 (Lara-D, Bell Gardens) would change the membership of the San Gabriel and Lower
Los Angeles Rivers and Mountains Conservancy (RMC) Board by changing the selection criteria for
one of the existing voting members and adding two non-voting members.
Portions of the Orange County tributary to the Los Angeles Watershed account for approximately
20% of the watershed area, yet this legislation proposes to reduce Orange County’s representation
on the Board from roughly 15% to less than 10%. Specifically, this bill would: Increase the non-
voting number of members from 7 to 9, and retain the existing number of 13 voting members. The
two additional non-voting members would be a member of the Senate and a member of the
Assembly, appointed by the Senate Committee on Rules and the Speaker, respectively.
It would remove one of the two voting members selected from the Orange County Division of the
League of California Cities (the one selected by a majority of the membership of the city selection
committee of Orange County) and replace him/her with a resident of a city bordering the Lower Los
Angeles River appointed by the Senate Committee on Rules.
STAFF RECOMMENDATION:
That the Board of Directors (1) consider taking an Oppose Unless Amend position, removing the
language eliminating one of Orange County’s seats on the Conservancy’s Board of Directors; and
(2) submit a letter to the author and the Senate Natural Resources and Water Committee indicating
the District's opposition.
DISCUSSION:
SB 355 would remove one of Orange County’s two representatives on the RMC board, resulting in a
reduction of half of its voting representation. This will greatly reduce Orange County’s ability to
acquire its fair share of greatly needed Proposition 1 Water Funds. Many of those funds, including a
$30 million direct allocation for watershed improvements, and a share of $100 million for urban
creek restoration, will be allocated through the RMC.
The RMC is a critical pathway to regional collaboration on environmental and water quality issues.
Ensuring broad representation on the RMC is an effective strategy to developing the programs and
procuring the funds, through Proposition 1 or other vehicles, to achieve regional environmental
objectives.
SB 355 will be heard in the Senate Natural Resources and Water Committee on Tuesday, April 14,
2015. SB 355 was heard too early in the process, therefore its previous hearing, votes, and
testimony has been completely stricken out of the record and will be reheard on April 14, 2015.
STRATEGIC PLAN:
SR 1-C: Engage with Regional Agencies on Water Supply Issues
ATTACHMENTS:
Name:Description:Type:
sb_355_bill_20150224_introduced.pdf sb 355 Backup Material
Legislative_Fact_Sheet.pdf Legilsative Fact Sheet Backup Material
SB_355_Oppose_Unless_Amended_Letter_.pdf Orange County Division, League of California Cities
Oppose Unless Amended Backup Material
SB-355_ACC-OC-Oppose-Letter.pdf ACCOC Oppose Letter Backup Material
DRAFT_YLWD_OPPOSE_UNLESS_AMEND_SB_355.docx DRAFT YLWD Letter of Opposition Backup Material
Approved by the Board of Directors of the
Yorba Linda Water District
4/9/2015
GM/RK 4-0-0-1
PH was absent.
Taking an Oppose Unless Amend position,
removing the language eliminating one of
Orange County's seats on the
Conservancy's Board of Directors and
submitting a letter to the author and the
Senate Natural Resources and Water
Committee indicating the District's
opposition.
SENATE BILL No. 355
Introduced by Senator Lara
(Principal coauthor: Assembly Member Rendon)
February 24, 2015
An act to amend Section 32605 of the Public Resources Code, relating
to the San Gabriel and Lower Los Angeles Rivers and Mountains
Conservancy.
legislative counsel’s digest
SB 355, as introduced, Lara. San Gabriel and Lower Los Angeles
Rivers and Mountains Conservancy.
Existing law establishes the San Gabriel and Lower Los Angeles
Rivers and Mountains Conservancy, which is responsible for the
preservation and protection of specified lands within the San Gabriel
and Lower Los Angeles Rivers and Mountains area, as defined. Existing
law prescribes the duties of the conservancy, and requires that it be
comprised of 13 voting members and 7 nonvoting members, as specified.
Existing law requires that the voting members include, among other
members, 2 members of the Orange County Division of the League of
California Cities, both of whom shall be a mayor or city council member
of a city bordering the San Gabriel River or tributary thereof.
This bill would instead require that only one member of the Orange
County Division of the League of California Cities be a voting member,
and would require that a resident of a city bordering the Lower Los
Angeles River, appointed by the Senator Committee on Rules, be a
voting member. The bill would also increase the number of nonvoting
members to 9, and would require that one Member of the Senate,
appointed by the Senate Committee on Rules, and one Member of the
Assembly, appointed by the Speaker of the Assembly, serve as those
nonvoting members. The bill would require that those legislators serving
99
as nonvoting members represent a district that is at least partially
contained within the territory of the conservancy and participate in
activities of the conservancy only to the extent that participation is
compatible with his or her duties as a legislator.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 32605 of the Public Resources Code is
line 2 amended to read:
line 3 32605. The board shall consist of 13 voting members and seven
line 4 nine nonvoting members, as follows:
line 5 (a) The 13 voting members of the board shall consist of all of
line 6 the following:
line 7 (1) One member of the Board of Supervisors of the County of
line 8 Los Angeles, or his or her designee, who represents the area or a
line 9 portion thereof contained within the territory of the conservancy,
line 10 appointed by the Governor.
line 11 (2) Two members of the board of directors of the San Gabriel
line 12 Valley Council of Governments, one of whom shall be a mayor
line 13 or city council member of a city bordering along the San Gabriel
line 14 River, and one of whom shall be a mayor or city council member
line 15 of a city bordering the San Gabriel Mountains area. One member
line 16 shall be appointed by a majority of the membership of that board
line 17 of directors, and one member shall be appointed by the Senate
line 18 Committee on Rules from a list of two or more potential members
line 19 submitted by the board of directors. If the San Gabriel Valley
line 20 Council of Governments fails to provide to the Senate Committee
line 21 on Rules a list of two or more potential members, at least 30 days
line 22 prior to the date a current member’s term of office expires, the
line 23 Senate Committee on Rules may appoint a mayor or city council
line 24 member of a city bordering along the San Gabriel River or the San
line 25 Gabriel Mountains, or a member of the public who resides within
line 26 the territory of the conservancy.
line 27 (3) Two members of the board of directors of the Gateway Cities
line 28 Council of Governments, one of whom shall be the mayor of the
line 29 City of Long Beach or a city council member of the City of Long
line 30 Beach appointed by the mayor, and one of whom shall be appointed
line 31 by the Speaker of the Assembly from a list of two or more potential
99
— 2 —SB 355
line 1 members submitted by the executive committee of the board of
line 2 directors of the Gateway Cities Council of Governments. The
line 3 executive committee shall submit lists of potential members to the
line 4 Speaker of the Assembly until an acceptable member is appointed.
line 5 (4) Two members One member of the Orange County Division
line 6 of the League of California Cities, both of whom who shall be a
line 7 mayor or city council member of a city bordering along the San
line 8 Gabriel River or a tributary thereof. One member shall be appointed
line 9 by a majority of the membership of the city selection committee
line 10 of Orange County, and one The member shall be appointed by the
line 11 Governor from a list of two or more potential members submitted
line 12 by the city selection committee.
line 13 (5) One member shall be a representative of a member of the
line 14 San Gabriel Valley Water Association appointed by a majority of
line 15 the membership of the board of directors of the San Gabriel Valley
line 16 Water Association.
line 17 (6) One member shall be a representative of the Central Basin
line 18 Water Association appointed by a majority of the membership of
line 19 the board of directors of the Central Basin Water Association.
line 20 (7) One member shall be a resident of Los Angeles County
line 21 appointed by the Governor from a list of potential members
line 22 submitted by local, state, and national environmental organizations
line 23 that operate within the County of Los Angeles and within the
line 24 territory of the conservancy and that have participated in planning
line 25 for river restoration or open space, or both, or river preservation.
line 26 (8) One member, who is a resident of a city bordering the Lower
line 27 Los Angeles River, appointed by the Senate Committee on Rules.
line 28 (8)
line 29 (9) The Secretary of the Natural Resources Agency, or his or
line 30 her designee.
line 31 (9)
line 32 (10) The Secretary for Environmental Protection, or his or her
line 33 designee.
line 34 (10)
line 35 (11) The Director of Finance, or his or her designee.
line 36 (b) The seven(1) Seven of the ex officio, nonvoting members
line 37 shall consist of the following officers or an employee of each
line 38 agency designated annually by that officer to represent the office
line 39 or agency:
line 40 (1)
99
SB 355— 3 —
line 1 (A) The District Engineer of the United States Army Corps of
line 2 Engineers.
line 3 (2)
line 4 (B) The Regional Forester for the Pacific Southwest Region of
line 5 the United States Forest Service.
line 6 (3)
line 7 (C) The Director of the Los Angeles County Department of
line 8 Public Works.
line 9 (4)
line 10 (D) The Director of the Orange County Public Facility and
line 11 Resource Department.
line 12 (5)
line 13 (E) A member of the San Gabriel River Watermaster, appointed
line 14 by a majority of the members of the San Gabriel River
line 15 Watermaster.
line 16 (6)
line 17 (F) The Director of Parks and Recreation.
line 18 (7)
line 19 (G) The Executive Officer of the Wildlife Conservation Board.
line 20 (2) Two of the nonvoting member shall be the following:
line 21 (A) One Member of the Senate, appointed by the Senate
line 22 Committee on Rules, whose Senate district is at least partially
line 23 contained within the territory of the conservancy.
line 24 (B) One Member of the Assembly, appointed by the Speaker of
line 25 the Assembly, whose Assembly district is at least partially
line 26 contained within the territory of the conservancy.
line 27 (C) A member appointed pursuant to this paragraph shall meet
line 28 with the conservancy and participate in its activities to the extent
line 29 that participation is compatible with his or her duties as a Member
line 30 of the Legislator.
O
99
— 4 —SB 355
SENATOR RICARDO LARA
LEGISLATIVE FACT SHEET
SB 355 (Rivers and Mountains Conservancy Board)
Stimmary: U Trite d State s F are sit S ervi ce,
SB 355 makes changes to the composition of the San Los Angeles C ourty D epartmert of Publi c Works,
Gabriel and Lower Los Angeles Rivers and Mountains Orange County Public Works Department,
C onservancy Boardto ensure that alocal perspective is San0abriel River Waterrmaster,
included in the decision-makingprocess. Thisbill DepartmentofP ark s and Recreati on,
requires one voting member of the boardto be a resident Wildlife Conservation Board.
from a city that borders the Lower Los Angeles River.
Additionally the bill will include r epresertative s ftom Issue:
both the C aliforrria State Senate and California State The recently approved state water bond provides
Assembly on the board. millions of doll ars in funding opportunities for the
revitalizati on of the L ower L o s Angel es River
Baftiuund: watershed includingparks and open space alongthe
The San Gabriel and Lower Los Angeles Rivers and river. Many of those funds,including a$30m direct
Mountains C onservancy(RMC) was created through allocati on for watershe d improvem ents, and a share of
Statute in 1999. The mission of the RMC is to preserve $100m for urban creek restoration will be allocated
open space and habitat in order to provide for low- throughthe RMC. Opporturities far improvements to
impact r ecre ati on and educational uses,wildlife habitat the Lower LA River directly impact the communities
restoration and protectim-4 and watershed improvements that border the river. It is vital that the conservancy
within the boundaries of the C onservancy. The territory board include represertationfrom the cities that border
of the RMC includes the watersheds for the San G abriel the river,to provide alocal perspective on plans and
River and the lower Los Angeles River, along with developments.
porti ons of the S arch C lara River and the lower S aria
Ana River. Adding state elected officials as non-voting board
members in an advisory capacity has proven successful
The Board of the RMC is e stabli she d in statute and at other state conservancies. The Sacramento-San
includes 13 voting members and? non-voting members. Joaquin Delta C onservancy include s two non-voting
The 13 voting m emb er s are: members - aSenator and an Assembly M ember
A member of the LA County Board of Supervisors, representing distri cts that include aportion of the Delta.
Two representatives from the San G abriel V alley The Santa Monica Mountains C onservancy includes
Council Of Governments, three Senators and three Assembly Members, appointed
Tworepresentativesfrom the G ateway C itie s C ouncil Of by the Senate Rules Committee and the Speaker of the
Governments, Assembly.
Tw o m emb er s of the O range C ourty D ivi si on of the
League of C alifornia Cities, Solution:
A representative of the San Gabriel V alley Water SB 355 increases the number of non-voting members on
Association the RMC board to 9, adding a Senator app ointe d by the
A representative of the Central Basin Water Association Senate Rules Committee and an Assembly Member
A resident of Los Angeles C ounty, app ointed by the Sp esker of the Assembly. The bill also
The Secretary of the Resources Agency, replaces one member of the Orange C ounty Divi sion of
The Secretary for Environmental Protecti on, the League of California Cities with a resident from a
The Director of Finance. city that borders the Lower Los Angeles River.
The non-voting members are representatives from: Staff Contact:
Unite d S tate s Army C orps of Engineers, Lawrence Cooper, 651-4033
ti7SIT Page 9 of 76
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LEAGUE1400 K Street, Suite 400 • Sacramento, California 95814
OF CALIFORNIA Phone: 916.658.8200 Fax: 916.658.8240
ICITIES www.cacities.org
4/1/15
Senator Ricardo Lara
State Capitol, Room 5050
Sacramento, CA 95814
RE: SB 355 (Lara)— San Gabriel and Lower Los Angeles Rivers and Mountains
Conservancy
Notice of OPPOSE UNLESS AMENDED
Honorable Senator Lara:
The Orange County Division of the League of California Cities has adopted an Oppose Unless
Amended position on Senate Bill 355, your legislation regarding the San Gabriel and Lower Los
Angeles Rivers and Mountains Conservancy.
Since the creation of the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy
(the Conservancy) in 1999 (Senate Bill 216 and Assembly Bill 1355), the County of Orange has been
represented on the Conservancy Board of Directors by two seats.
One of the provisions of your bill seeks to remove one of Orange County's seats, thereby eradicating
50% of our representation, and bestow it on the City of Los Angles. The seat proposed for
elimination is one that is directly appointed by the City Selection Committee of the County of
Orange, which essentially removes a directly appointed local elected official from our membership
to the Conservancy Board.
The passage of the Proposition 1 Water Bond was a bipartisan effort and enjoyed strong support
from Orange County cities, legislators and voters. Therefore, we are also very concerned about how
this proposal would reduce our voice in the allocation of the $80 million in bond funding to be
distributed by the Conservancy.
The Orange County Division is not opposed to the expansion of the Conservancy Board of
Directors; receiving more local representation and additional input from the local level would be
positive. However, we stand in strong opposition to achieving this objective at the expense of 50%
of our County's representation on the Conservancy's Board of Directors.
We therefore adopted an Oppose Unless Amended position, and respectfully request that you remove
the language eliminating one of Orange County's seats on the Conservancy's Board of Directors.
Sincerely,
Scot Nelson
Councilmember, City of Placentia
President, Orange County Division, League of California Cities
CC: Orange County Senators, Senate Natural Resources and Water Committee Members
r IkfA A,- .
ASSOCIATION OF CALIFORNIA CITIES
ORANGE COUNTY
500 S. Main Street,#410,Orange,CA 92868 1 P: 714.953.1300 1 F:714.953.1302 1 www.ACCOC.org
March 25, 2014
Honorable Ricardo Lara
State Capitol, Room 5050
Sacramento, CA 94249
RE: SB 355 (Zara) Rivers and Mountains Conservancy Board—OPPOSE
Dear Senator Lara,
The Association of California Cities—Orange County(ACC-OC) opposes SB 355 (Lars), a bill
that would strip Orange County of half of its voting representation on the San Gabriel and Lower
Los Angeles Rivers and Mountains Conservancy(RMC) Board. Unfortunately,neither the bill
nor its supporting materials adequately explain the need for such drastic action.
Importance of the RMC to Southern California& Orange County
The RMC is a critical pathway to regional collaboration on environmental and water quality
issues. Ensuring broad representation on the RMC is an effective strategy to developing the
programs and procuring the funds, through Proposition 1 or other vehicles, to achieve regional
environmental objectives. Specifically, Proposition 1 includes approximately$30 million in
direct allocation for watershed improvements and a share of$100 million for urban creek
restoration that will be allocated through the RMC. These funds will work towards improving all
of Southern California, not just one county.
The RMC is also of vital importance to Orange County. In fact, its territory includes the
watersheds for portions of the lower Santa Ana River. The Santa Ana River is primarily
responsible for the replenishing of Orange County's groundwater basin, which in turn provides
75 percent of water needs for residents and businesses in a majority of Orange County's cities.
Moreover,the RMC encompasses roughly one-quarter of the County(the State's third largest)
and includes all of Anaheim—the State's tenth largest city.
Request of Intent
Therefore,we request a detailed explanation as to the author's intent. SB 355 would
unequivocally marginalize the voice of Orange County, which currently holds just two of
thirteen voting seats on the RMC,just as critical and competitive funding programs begin to take
shape. It would be unfortunate if the bill's consequence—unintended or otherwise—is to isolate
a regional partner at the expense of the environment.
The hub for public poliq in Orange County I www.ACCOC.org
ACC-OC remains committed to legislation that advocates fair and proportionate representation
on countywide and regional boards. For this and the reasons described above,the Association of
California Cities—Orange County(ACC-OC) respectfully opposes SB 355.
Please contact Diana Coronado in our office with any questions you may have about our position
on this issue or about the ACC-OC.
Sincerely,
* Q) 'y
Lacy Kelly
CEO
Association of California Cities—Orange County
cc:
ACC-OC Board of Directors
Senate Natural Resources and Water Committee
Senate Appropriations Committee
Senator Bob Huff
Senator Tony Mendoza
Senator Janet Nguyen
Assemblymember Travis Allen
Assemblymember Ling Ling Chang
Assemblymember Tom Daly
Assemblymember Young Kim
Assemblymember Don Wagner
Councilman Troy Edgar, City of Los Alamitos
City of Anaheim, City Council
City of Brea, City Council
City of Buena Park, City Council
City of Cypress, City Council
City of Fullerton, City Council
City of La Habra, City Council
City of La Palma, City Council
City of Los Alamitos, City Council
City of Placentia, City Council
City of Seal Beach, City Council
City of Stanton, City Council
April 9, 2015
Senator Ricardo Lara
State Capitol, Room 5050
Sacramento, CA 95814
RE: SB 355 (Lara) – San Gabriel and Lower Los Angeles Rivers and Mountains
Conservancy
Notice of OPPOSITION
Honorable Senator Lara:
The Yorba Linda Water District has adopted an Oppose position on Senate Bill 355, your legislation
regarding the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy.
Since the creation of the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy
(the Conservancy) in 1999 (Senate Bill 216 and Assembly Bill 1355), the County of Orange has been
represented on the Conservancy Board of Directors by two seats.
One of the provisions of your bill seeks to remove one of Orange County’s seats, thereby eradicating
50% of our representation, and bestow it on the City of Los Angles. The seat proposed for
elimination is one that is directly appointed by the City Selection Committee of the County of
Orange, which essentially removes a directly appointed local elected official from our Orange
County Division membership to the Conservancy Board.
The passage of the Proposition 1 Water Bond was a bipartisan effort and enjoyed strong support
from Orange County cities, legislators and voters. Therefore, we are also very concerned about how
this proposal would reduce our voice in the allocation of the $80 million in bond funding to be
distributed by the Conservancy.
Receiving more local representation and additional input from the local level would be positive.
However, our District stands in strong opposition to achieving this objective at the expense of 50%
of our County’s representation on the Conservancy’s Board of Directors.
We therefore adopted an Oppose position, and respectfully request that you remove the language
eliminating one of Orange County’s seats on the Conservancy’s Board of Directors.
Sincerely,
Ric Collett
Board President, Yorba Linda Water District
CC: Orange County Senators, Senate Natural Resources and Water Committee Members, Orange
County Division, League of California Cities
ITEM NO. 10.1
AGENDA REPORT
Meeting Date: April 9, 2015
To:Board of Directors
From:Marc Marcantonio, General
Manager
Presented By:Damon Micalizzi, Public
Information Manager
Prepared By:Damon Micalizzi, Public
Information Manager
Subject:Governor's Executive Order for Mandatory Water Reductions
SUMMARY:
In response to increasingly severe drought conditions and a record low snowpack measurement, on
April 1st, Governor Brown issued an executive order that mandates a statewide 25% reduction in
water use. The mandate calls for several short-term measures as well as a number of longer-term
measures that will take some time to implement. The State Water Resources Control Board will
develop and impose additional mandatory requirements over the next few weeks.
DISCUSSION:
The mandates with the most direct impacts to Orange County water agencies are as follows:
Short-term measures:
Local water agencies should reduce water demand by approximately 25% (less in areas with
lower per capita use; more in areas with higher per capita use) as compared to 2013 usage
levels.
All residents and businesses are asked to take additional steps to reduce their daily water use
in order to get through this severe drought.
Orange County is a long-timer leader in water efficiency; since 1990 residents have reduced
their average daily water use by 25%.
Since 2013, Orange County customers have reduced their water use by approximately 10%.
Throughout the state, 50 million square feet of lawns will be replaced with California Friendly
landscapes.
Orange County has an extremely robust Turf Removal Program that is on-track to fund the
replacement of 10 million square feet of lawns within a 12-month period. That’s one-fifth of the
goal for the entire state of California. Rebates of $2.00 per square foot are available to help
defray the cost of replacing lawns with California Friendly landscapes.
YLWD has been a leader amongst Orange County Agencies and Municipalities with more
than 140 turf removal applications removing more than 150,000 square feet of turf.
Drinking water can no longer be used to water turf in public street medians. The intended effect is to
accelerate the replacement of turf in street medians with California Friendly landscapes.
YLWD has already participated in such projects with the City of Placentia and has had initial
discussions with the City of Yorba Linda to explore replacing turf on the city's center islands.
The Turf Removal Program rebate of $2.00 per square foot is available to public agencies as
well as residents and businesses.
New construction homes and buildings that use potable water for irrigation must have a drip
irrigation system installed.
Drip irrigation is an extremely efficient method of watering California Friendly landscapes.
Through MWDOC, YLWD offers rebates to convert traditional sprinkler systems to drip
irrigation.
Local water agencies should adopt rate structures that encourage conservation.
Many Orange County water agencies have tiered rates and water budget-based rates in effect
that have proven successful in reducing water use.
HOWEVER, Later this month, the appeals court judge involved in the San Juan Capistrano
rate structure lawsuit will issue a ruling regarding the City’s tiered rates. This decision may
redefine how local water agencies can set appropriate rate structures that encourage
conservation.
Longer-term measures:
The State-mandated monthly reporting by local water agencies on water usage, conservation, and
enforcement is now permanent.
For almost a year, most local water agencies have provided monthly reports to the state on
local water use and enforcement, and we will continue to do so as requested by the state.
These water usage reports do not give a complete picture as there is no accounting for
changing weather conditions or past water use efficiency efforts.
Additional/modified metrics may be required by the State Board to provide a broader
perspective on water use reductions; Orange County is prepared to comply with this expanded
request.
New manufacturing standards will be established for toilets, faucets, and outdoor irrigation
equipment.
The new manufacturing standards will augment Southern California’s market transformation
approach to water efficiency.
As new codes are established, rebates will likely change to focus on incentivizing installation
of new water-saving devices.
State permitting agencies will streamline permitting of new water supply projects, including water
recycling, storage, stormwater capture, greywater systems, and ocean desalination.
MWDOC and local water agencies strive to provide a diverse water supply portfolio that
includes a variety of local and imported water sources. With streamlined permitting, it is likely
that a number of new water storage and recycling/reuse projects will be accelerated.
Ocean desalination is a drought-proof, local water supply that could enhance Orange County’s
water reliability. Two projects are currently being studied in Orange County: the Huntington
Beach Seawater Facility proposed by Poseidon Resources and the Doheny Ocean
Desalination Project proposed by MWDOC and local water agencies.
MWDOC and its member agencies are conducting an Orange County Water Reliability Study
to plan and coordinate long-term water supply reliability projects.
The state will update water use (landscape design) standards for new and existing landscapes.
In Orange County, approximately half of our daily water use goes toward watering landscapes.
The new landscape standards will provide a great opportunity to further transform our urban
landscapes to better suit our semi-arid climate.
ATTACHMENTS:
Name:Description:Type:
4.1.15_Executive_Order.pdf Executive Order Backup Material
Met_Ordinance_Implementation_1-22-
09_WITH_RED__BLUE_COMMENTS_(2).doc Metropolitan Water District Sample Ordinance Backup Material
20090514_-_Ordinance_No._09-01.pdf YLWD Ordinance 09-01 Backup Material
Water_ConservationTriFold.pdf Water ConservationTriFold Backup Material
ExeeudDe Department
,5tate of lzalifomia
EXECUTIVE ORDER B-29-15
WHEREAS on January 17, 2014, 1 proclaimed a State of Emergency to exist
throughout the State of California due to severe drought conditions; and
WHEREAS on April 25, 2014, 1 proclaimed a Continued State of Emergency
to exist throughout the State of California due to the ongoing drought; and
WHEREAS California's water supplies continue to be severely depleted
despite a limited amount of rain and snowfall this winter, with record low snowpack
in the Sierra Nevada mountains, decreased water levels in most of California's
reservoirs, reduced flows in the state's rivers and shrinking supplies in underground
water basins; and
WHEREAS the severe drought conditions continue to present urgent
challenges including: drinking water shortages in communities across the state,
diminished water for agricultural production, degraded habitat for many fish and
wildlife species, increased wildfire risk, and the threat of saltwater contamination to
fresh water supplies in the Sacramento-San Joaquin Bay Delta; and
WHEREAS a distinct possibility exists that the current drought will stretch into
a fifth straight year in 2016 and beyond; and
WHEREAS new expedited actions are needed to reduce the harmful impacts
from water shortages and other impacts of the drought; and
WHEREAS the magnitude of the severe drought conditions continues to
present threats beyond the control of the services, personnel, equipment, and
facilities of any single local government and require the combined forces of a mutual
aid region or regions to combat; and
WHEREAS under the provisions of section 8558(b) of the Government Code,
I find that conditions of extreme peril to the safety of persons and property continue
to exist in California due to water shortage and drought conditions with which local
authority is unable to cope; and
WHEREAS under the provisions of section 8571 of the California
Government Code, I find that strict compliance with various statutes and regulations
specified in this order would prevent, hinder, or delay the mitigation of the effects of
the drought.
NOW, THEREFORE, I, EDMUND G. BROWN JR., Governor of the State of
California, in accordance with the authority vested in me by the Constitution and
statutes of the State of California, in particular Government Code sections 8567 and
8571 of the California Government Code, do hereby issue this Executive Order,
effective immediately.
IT IS HEREBY ORDERED THAT:
The orders and provisions contained in my January 17, 2014 Proclamation,
my April 25, 2014 Proclamation, and Executive Orders B-26-14 and B-28-14
remain in full force and effect except as modified herein.
SAVE WATER
2. The State Water Resources Control Board (Water Board) shall impose
restrictions to achieve a statewide 25% reduction in potable urban water
usage through February 28, 2016. These restrictions will require water
suppliers to California's cities and towns to reduce usage as compared to the
amount used in 2013. These restrictions should consider the relative per
capita water usage of each water suppliers' service area, and require that
those areas with high per capita use achieve proportionally greater reductions
than those with low use. The California Public Utilities Commission is
requested to take similar action with respect to investor-owned utilities
providing water services.
3. The Department of Water Resources (the Department) shall lead a statewide
initiative, in partnership with local agencies, to collectively replace 50 million
square feet of lawns and ornamental turf with drought tolerant landscapes.
The Department shall provide funding to allow for lawn replacement programs
in underserved communities, which will complement local programs already
underway across the state.
4. The California Energy Commission, jointly with the Department and the Water
Board, shall implement a time-limited statewide appliance rebate program to
provide monetary incentives for the replacement of inefficient household
devices.
5. The Water Board shall impose restrictions to require that commercial,
industrial, and institutional properties, such as campuses, golf courses, and
cemeteries, immediately implement water efficiency measures to reduce
potable water usage in an amount consistent with the reduction targets
mandated by Directive 2 of this Executive Order.
6. The Water Board shall prohibit irrigation with potable water of ornamental turf
on public street medians.
7. The Water Board shall prohibit irrigation with potable water outside of newly
constructed homes and buildings that is not delivered by drip or microspray
systems.
8. The Water Board shall direct urban water suppliers to develop rate structures
and other pricing mechanisms, including but not limited to surcharges, fees,
and penalties, to maximize water conservation consistent with statewide
water restrictions. The Water Board is directed to adopt emergency
regulations, as it deems necessary, pursuant to Water Code section 1058.5 to
implement this directive. The Water Board is further directed to work with
state agencies and water suppliers to identify mechanisms that would
encourage and facilitate the adoption of rate structures and other pricing
mechanisms that promote water conservation. The California Public Utilities
Commission is requested to take similar action with respect to investor-owned
utilities providing water services.
INCREASE ENFORCEMENT AGAINST WATER WASTE
9. The Water Board shall require urban water suppliers to provide monthly
information on water usage, conservation, and enforcement on a permanent
basis.
10. The Water Board shall require frequent reporting of water diversion and use
by water right holders, conduct inspections to determine whether illegal
diversions or wasteful and unreasonable use of water are occurring, and bring
enforcement actions against illegal diverters and those engaging in the
wasteful and unreasonable use of water. Pursuant to Government Code
sections 8570 and 8627, the Water Board is granted authority to inspect
property or diversion facilities to ascertain compliance with water rights laws
and regulations where there is cause to believe such laws and regulations
have been violated. When access is not granted by a property owner, the
Water Board may obtain an inspection warrant pursuant to the procedures set
forth in Title 13 (commencing with section 1822.50) of Part 3 of the Code of
Civil Procedure for the purposes of conducting an inspection pursuant to this
directive.
11. The Department shall update the State Model Water Efficient Landscape
Ordinance through expedited regulation. This updated Ordinance shall
increase water efficiency standards for new and existing landscapes through
more efficient irrigation systems, greywater usage, onsite storm water
capture, and by limiting the portion of landscapes that can be covered in turf.
It will also require reporting on the implementation and enforcement of local
ordinances, with required reports due by December 31, 2015. The
Department shall provide information on local compliance to the Water Board,
which shall consider adopting regulations or taking appropriate enforcement
actions to promote compliance. The Department shall provide technical
assistance and give priority in grant funding to public agencies for actions
necessary to comply with local ordinances.
12. Agricultural water suppliers that supply water to more than 25,000 acres shall
include in their required 2015 Agricultural Water Management Plans a
detailed drought management plan that describes.the actions and measures
the supplier will take to manage water demand during drought. The
Department shall require those plans to include quantification of water
supplies and demands for 2013, 2014, and 2015 to the extent data is
available. The Department will provide technical assistance to water
suppliers in preparing the plans.
13. Agricultural water suppliers that supply water to 10,000 to 25,000 acres of
irrigated lands shall develop Agricultural Water Management Plans and
submit the plans to the Department by July 1, 2016. These plans shall
include a detailed drought management plan and quantification of water
supplies and demands in 2013, 2014, and 2015, to the extent that data is
available. The Department shall give priority in grant funding to agricultural
water suppliers that supply water to 10,000 to 25,000 acres of land for
development and implementation of Agricultural Water Management Plans.
14. The Department shall report to Water Board on the status of the Agricultural
Water Management Plan submittals within one month of receipt of those
reports.
15. Local water agencies in high and medium priority groundwater basins shall
immediately implement all requirements of the California Statewide
Groundwater Elevation Monitoring Program pursuant to Water Code section
10933. The Department shall refer noncompliant local water agencies within
high and medium priority groundwater basins to the Water Board by
December 31, 2015, which shall consider adopting regulations or taking
appropriate enforcement to promote compliance.
16. The California Energy Commission shall adopt emergency regulations
establishing standards that improve the efficiency of water appliances,
including toilets, urinals, and faucets available for sale and installation in new
and existing buildings.
INVEST IN NEW TECHNOLOGIES
17. The California Energy Commission, jointly with the Department and the Water
Board, shall implement a Water Energy Technology (WET) program to deploy
innovative water management technologies for businesses, residents,
industries, and agriculture. This program will achieve water and energy
savings and greenhouse gas reductions by accelerating use of cutting-edge
technologies such as renewable energy-powered desalination, integrated on-
site reuse systems, water-use monitoring software, irrigation system timing
and precision technology, and on-farm precision technology.
STREAMLINE GOVERNMENT RESPONSE
18. The Office of Emergency Services and the Department of Housing and
Community Development shall work jointly with counties to provide temporary
assistance for persons moving from housing units due to a lack of potable
water who are served by a private well or water utility with less than 15
connections, and where all reasonable attempts to find a potable water
source have been exhausted.
19. State permitting agencies shall prioritize review and approval of water
infrastructure projects and programs that increase local water supplies,
including water recycling facilities, reservoir improvement projects, surface
water treatment plants, desalination plants, stormwater capture, and
greywater systems. Agencies shall report to the Governor's Office on
applications that have been pending for longer than 90 days.
S?�xaus'1F�
20. The Department shall take actions required to plan and, if necessary,
implement Emergency Drought Salinity Barriers in coordination and
consultation with the Water Board and the Department of Fish and Wildlife at
locations within the Sacramento - San Joaquin delta estuary. These barriers
will be designed to conserve water for use later in the year to meet state and
federal Endangered Species Act requirements, preserve to the extent
possible water quality in the Delta, and retain water supply for essential
human health and safety uses in 2015 and in the future.
21. The Water Board and the Department of Fish and Wildlife shall immediately
consider any necessary regulatory approvals for the purpose of installation of
the Emergency Drought Salinity Barriers.
22. The Department shall immediately consider voluntary crop idling water
transfer and water exchange proposals of one year or less in duration that are
initiated by local public agencies and approved in 2015 by the Department
subject to the criteria set forth in Water Code section 1810.
23. The Water Board will prioritize new and amended safe drinking water permits
that enhance water supply and reliability for community water systems facing
water shortages or that expand service connections to include existing
residences facing water shortages. As the Department of Public Health's
drinking water program was transferred to the Water Board, any reference to
the Department of Public Health in any prior Proclamation or Executive Order
listed in Paragraph 1 is deemed to refer to the Water Board.
24. The California Department of Forestry and Fire Protection shall launch a
public information campaign to educate the public on actions they can take to
help to prevent wildfires including the proper treatment of dead and dying
trees. Pursuant to Government Code section 8645, $1.2 million from the State
Responsibility Area Fire Prevention Fund (Fund 3063) shall be allocated to
the California Department of Forestry and Fire Protection to carry out this
directive.
25. The Energy Commission shall expedite the processing of all applications or
petitions for amendments to power plant certifications issued by the Energy
Commission for the purpose of securing alternate water supply necessary for
continued power plant operation. Title 20, section 1769 of the California
Code of Regulations is hereby waived for any such petition, and the Energy
Commission is authorized to create and implement an alternative process to
consider such petitions. This process may delegate amendment approval
authority, as appropriate, to the Energy Commission Executive Director. The
Energy Commission shall give timely notice to all relevant local, regional, and
state agencies of any petition subject to this directive, and shall post on its
website any such petition.
- _> M
26. For purposes of carrying out directives 2-9, 11, 16-17, 20-23, and 25,
Division 13 (commencing with section 21000) of the Public Resources Code
and regulations adopted pursuant to that Division are hereby
suspended. This suspension applies to any actions taken by state agencies,
and for actions taken by local agencies where the state agency with primary
responsibility for implementing the directive concurs that local action is
required, as well as for any necessary permits or approvals required to
complete these actions. This suspension, and those specified in paragraph 9
of the January 17, 2014 Proclamation, paragraph 19 of the April 25, 2014
proclamation, and paragraph 4 of Executive Order B-26-14, shall remain in
effect until May 31, 2016. Drought relief actions taken pursuant to these
paragraphs that are started prior to May 31, 2016, but not completed, shall
not be subject to Division 13 (commencing with section 21000) of the Public
Resources Code for the time required to complete them.
27. For purposes of carrying out directives 20 and 21, section 13247 and Chapter
3 of Part 3 (commencing with section 85225) of the Water Code are
suspended.
28. For actions called for in this proclamation in directive 20, the Department
shall exercise any authority vested in the Central Valley Flood Protection
Board, as codified in Water Code section 8521, et seq., that is necessary to
enable these urgent actions to be taken more quickly than otherwise possible.
The Director of the Department of Water Resources is specifically authorized,
on behalf of the State of California, to request that the Secretary of the Army,
on the recommendation of the Chief of Engineers of the Army Corps of
Engineers, grant any permission required pursuant to section 14 of the Rivers
and Harbors Act of 1899 and codified in section 48 of title 33 of the United
States Code.
29. The Department is directed to enter into agreements with landowners for the
purposes of planning and installation of the Emergency Drought Barriers in
2015 to the extent necessary to accommodate access to barrier locations,
land-side and water-side construction, and materials staging in proximity to
barrier locations. Where the Department is unable to reach an agreement
with landowners, the Department may exercise the full authority of
Government Code section 8572.
30. For purposes of this Executive Order, chapter 3.5 (commencing with section
11340) of part 1 of division 3 of the Government Code and chapter 5
(commencing with section 25400) of division 15 of the Public Resources
Code are suspended for the development and adoption of regulations or
guidelines needed to carry out the provisions in this Order. Any entity issuing
regulations or guidelines pursuant to this directive shall conduct a public .
meeting on the regulations and guidelines prior to adopting them.
31. In order to ensure that equipment and services necessary for drought
response can be procured quickly, the provisions of the Government Code
and the Public Contract Code applicable to state contracts, including, but not
limited to, advertising and competitive bidding requirements, are hereby
suspended for directives 17, 20, and 24. Approval by the Department of
Finance is required prior to the execution of any contract entered into
pursuant to these directives.
This Executive Order is not intended to, and does not, create any rights or
benefits, substantive or procedural, enforceable at law or in equity, against the State
of California, its agencies, departments, entities, officers, employees, or any other
person.
FURTHER DIRECT that as soon as hereafter possible, this Order be filed in
the Office of the Secretary of State and that widespread publicity and notice be given
to this Order.
IN WITNESS WHEREOF I have
hereunto set my hand and caused the
Great Seal of the State of California to
be affixed this 1st day of April 2015.
EDMUND G. BROWN JR.
Governor of California
ATTEST:
ALEX PADILLA
Secretary of State
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Metropolitan Water District
of Southern California
Model Water Conservation Ordinance
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Table of Contents__________________________________
Introduction 3
Model Water Waste Ordinance
Section I: Title 4
Section II. Findings 4
Section III. Declaration of Purpose and Intent 4
Section IV. Definitions 5
Section V. Application 5
Section VI. Permanent Water Conservation Requirements 6
Section VII. Level 1 Water Supply Shortage 7
Section VIII. Level 2 Water Supply Shortage 8
Section IX. Level 3 Water Supply Shortage Emergency 9
Section X. Procedures for Determination and Notification 10
Section XI. Hardship Waiver 10
Section XII. Penalties and Violations 12
Section XIII. Severability 13
Other Measures Available for Consideration 14
Appendix
Water Conservation Summary Table 16
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Introduction_________________________________________
The Metropolitan Water District of Southern California (Metropolitan) developed this model conservation
ordinance as a tool to help local jurisdictions to adopt and enforce local water conservation ordinances in
hopes of increasing water efficiency. The model ordinance is a tool that can be adapted or revised by
member agencies and local governments to improve water use efficiency within their jurisdictions.
The model water conservation ordinance form and structure is consistent with many existing water
conservation ordinances adopted by local agencies throughout southern California and includes many
similar provisions. It also contains provisions that have been previously recommended in the California
Urban Water Conservation Council’s Best Management Practices and the Department of Water
Resource’s Urban Drought Guidebook. This model ordinance is written for the benefit of cities, counties
and water districts and contains italicized comments throughout the ordinance that identify the provisions
that may be specific to these different types of entities. As a result, it can be readily adapted to apply to
different types of entities, including a city or county with a municipally owned water service, a city or
county that is not a water provider, or a public water district.
The model water conservation ordinance includes permanent water-waste prohibitions, escalating water
restrictions to be implemented over three water-supply shortage conditions, penalties and violations, and
other general provisions for consideration. The permanent water-waste restrictions include primarily
behavioral measures such as limiting irrigation times, prohibiting the washing of paved surfaces, and
controlling excessive runoff. A number of cities, counties, and water districts within Metropolitan’s
service area have already adopted many of these permanent restrictions.
The model’s escalating water restriction levels mirror Metropolitan’s Water Supply Alert resolution and
progress from permanent baseline restrictions to mandatory reductions during a water supply allocation.
The model ordinance purposely does not contain specific triggers for determining water supply levels,
such as a certain percentage of required water reduction or certain amount of reduction in supply. The
number of escalating water restriction levels and the actual triggers for determining particular water
supply conditions is left to the discretion of the adopting entity. The model ordinance contains penalty
provisions that allow for criminal, civil, and administrative enforcement, and include such penalties as
monetary fines, water flow-restrictions, and termination of service. Other methods of enforcement could
include water conservation rate-structures. The model ordinance also contains other provisions for
adopting entities’ consideration, including requirements to utilize recycled water, development of water
conservation plans, water-waste hotlines, limits on new building permits, and implementation of water
allocations.
In essence, the model water conservation ordinance provides a menu of options for member agencies and
local governments to better control local water use and address the current water supply conditions within
their jurisdictions. Adopting entities will need the input and guidance of their governing bodies and legal
counsel when considering how to adapt or revise the model ordinance to address their particular
conditions.
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ORDINANCE NO. ___
AN ORDINANCE OF [GOVERNING BODY OF JURISDICTIONAL ENTITY]
ESTABLISHING A WATER CONSERVATION AND WATER SUPPLY SHORTAGE
PROGRAM AND REGULATIONS
Section I: Title.
This chapter will be known as the [INSERT ENTITY] Water Conservation and Water Supply Shortage
Program.
Section II. Findings.
a. A reliable minimum supply of potable water is essential to the public health, safety and welfare of
the people and economy of the southern California region.
b. Southern California is a semi-arid region and is largely dependent upon imported water supplies.
A growing population, climate change, environmental concerns, and other factors in other parts of
the State and western United States, make the region highly susceptible to water supply reliability
issues.
c. Careful water management that includes active water conservation measures not only in times of
drought, but at all times, is essential to ensure a reliable minimum supply of water to meet current
and future water supply needs.
d. Article X, Section 2 of the California Constitution declares that the general welfare requires that
water resources be put to beneficial use, waste or unreasonable use or unreasonable method of use
of water be prevented, and conservation of water be fully exercised with a view to the reasonable
and beneficial use thereof.
e. Article XI, Section 7 of the California Constitution declares that a city or county may make and
enforce within its limits all local, police, sanitary, and other ordinances and regulations not in
conflict with general laws. [Not applicable to water districts]
f. California Water Code section 375 authorizes water suppliers to adopt and enforce a
comprehensive water conservation program to reduce water consumption and conserve supplies.
[Not applicable to city / county that is not a water provider]
g. The adoption and enforcement of a water conservation and supply shortage program is necessary
to manage the [ENTITY]’s potable water supply in the short and long-term and to avoid or
minimize the effects of drought and shortage within the [ENTITY]. Such program is essential to
ensure a reliable and sustainable minimum supply of water for the public health, safety and
welfare.
Section III. Declaration of Purpose and Intent.
a. The purpose of this chapter is to establish a water conservation and supply shortage program that
will reduce water consumption within the [ENTITY] through conservation, enable effective water
supply planning, assure reasonable and beneficial use of water, prevent waste of water, and
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maximize the efficient use of water within the [ENTITY] to avoid and minimize the effect and
hardship of water shortage to the greatest extent possible.
b. This chapter establishes permanent water conservation standards intended to alter behavior
related to water use efficiency at all times and further establishes three levels of water supply
shortage response actions to be implemented during times of declared water shortage or declared
water shortage emergency, with increasing restrictions on water use in response to worsening
drought or emergency conditions and decreasing supplies.
Section IV. Definitions.
a. The following words and phrases whenever used in this chapter have the meaning defined in this
section:
1. “Person” means any natural person or persons, corporation, public or private entity,
governmental agency or institution, including all agencies and departments of [ENTITY],
or any other user of water provided by the [ENTITY].
2. “Landscape irrigation system” means an irrigation system with pipes, hoses, spray
heads, or sprinkling devices that are operated by hand or through an automated system.
3. “Large landscape areas” means a lawn, landscape, or other vegetated area, or
combination thereof, equal to more than one (1) acre of irrigable land.
4. “Single pass cooling systems” means equipment where water is circulated only once to
cool equipment before being disposed.
5. “Potable water” means water which is suitable for drinking.
6. “Recycled water” means the reclamation and reuse of non-potable water for beneficial
use as defined in Title 22 of the California Code of Regulations.
7. “Billing unit” means the unit of water used to apply water rates for purposes of
calculating water charges for a persons water usage and equals ___ [To be determined by
ENTITY]. [Not applicable to city / county that is not water provider]
Section V. Application
a. The provisions of this chapter apply to any person in the use of any potable water provided by the
[ENTITY].
b. The provisions of this chapter do not apply to uses of water necessary to protect public health and
safety or for essential government services, such as police, fire and other similar emergency
services.
c. The provisions of this chapter do not apply to the use of recycled water, with the exception of
Section VI(a).
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d. The provisions of this chapter do not apply to the use of water by commercial nurseries and
commercial growers to sustain plants, trees, shrubs, crops or other vegetation intended for
commercial sale.
e. This chapter is intended solely to further the conservation of water. It is not intended to
implement any provision of federal, State, or local statutes, ordinances, or regulations relating to
protection of water quality or control of drainage or runoff. Refer to the local jurisdiction or
Regional Water Quality Control Board for information on any stormwater ordinances and
stormwater management plans.
Section VI: Permanent Water Conservation Requirements – Prohibition Against Waste
The following water conservation requirements are effective at all times and are permanent. Violations of
this section will be considered waste and an unreasonable use of water. [Items in RED are Metropolitan
Ordinance requirements]
a. Limits on Watering Hours: Watering or irrigating of lawn, landscape or other vegetated
area with potable water is prohibited between the hours of 9:00 a.m. and 5:00 p.m. [Times
to be determined by ENTITY] Pacific Standard Time on any day, except by use of a hand-
water shut-off nozzle or device, or for very short periods of time for the express purpose of
adjusting or repairing an irrigation system.
b. Limit on Watering Duration: Watering or irrigating of lawn, landscape or other vegetated
area with potable water using a landscape irrigation system or a watering device that is not
continuously attended is limited to no more than fifteen (15) minutes watering per day per
station. This subsection does not apply to landscape irrigation systems that exclusively use
very low-flow drip type irrigation systems when no emitter produces more than two (2)
gallons of water per hour and weather based controllers or stream rotor sprinklers that
meet a 70% efficiency standard.
c. No Excessive Water Flow or Runoff: Watering or irrigating of any lawn, landscape or
other vegetated area in a manner that causes or allows excessive water flow or runoff onto
an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited.
d. No Washing Down Hard or Paved Surfaces: Washing down hard or paved surfaces,
including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts,
patios or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards,
and then only by use of a hand-held bucket or similar container, a hand-held hose equipped
with a positive self-closing water shut-off device, a low-volume, high-pressure cleaning
machine equipped to recycle any water used, or a low-volume high-pressure water broom.
e. Obligation to Fix Leaks, Breaks or Malfunctions: Excessive use, loss or escape of water
through breaks, leaks or other malfunctions in the water user’s plumbing or distribution
system for any period of time after such escape of water should have reasonably been
discovered and corrected and in no event more than seven (7) days [Time to be determined
by ENTITY] of receiving notice from the [ENTITY], is prohibited.
[Items in BLUE are required for BMP 13: Water Waste Prevention compliance]
f. Re-circulating Water Required for Water Fountains and Decorative Water Features:
Operating a water fountain or other decorative water feature that does not use re-circulated
water is prohibited.
a.
and/or
b. satisfy
the MET
reqs.
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g. Limits on Washing Vehicles: Using water to wash or clean a vehicle, including but not limited
to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not is
prohibited, except by use of a hand-held bucket or similar container or a hand-held hose equipped
with a positive self-closing water shut-off nozzle or device. This subsection does not apply to
any commercial car washing facility.
h. Drinking Water Served Upon Request Only: Eating or drinking establishments, including but
not limited to a restaurant, hotel, cafe, cafeteria, bar, or other public place where food or drinks
are sold, served, or offered for sale, are prohibited from providing drinking water to any person
unless expressly requested.
i. Commercial Lodging Establishments Must Provide Guests Option to Decline Daily Linen
Services: Hotels, motels and other commercial lodging establishments must provide customers
the option of not having towels and linen laundered daily. Commercial lodging establishments
must prominently display notice of this option in each bathroom using clear and easily understood
language.
j. No Installation of Single Pass Cooling Systems: Installation of single pass cooling systems is
prohibited in buildings requesting new water service.
k. No Installation of Non-re-circulating in Commercial Car Wash and Laundry Systems:
Installation of non-re-circulating water systems is prohibited in new commercial conveyor
car wash and new commercial laundry systems.
l. Restaurants Required to Use Water Conserving Dish Wash Spray Valves: Food preparation
establishments, such as restaurants or cafes, are prohibited from using non-water conserving dish
wash spray valves.
m. Commercial Car Wash Systems: Effective on January 1, ___ [To be determined by
ENTITY], all new commercial conveyor car wash systems must have installed operational
re-circulating water systems, or must have secured a waiver of this requirement from the
[ENTITY].
Section VII: Level 1 Water Supply Shortage
a. A Level 1 Water Supply Shortage exists when the [ENTITY] determines, in its sole discretion,
that due to drought or other water supply conditions, a water supply 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. Upon the declaration by the
[ENTITY] of a Level 1 Water Supply Shortage condition, the [ENTITY] will implement the
mandatory Level 1 conservation measures identified in this section.
b. Additional Water Conservation Measures: In addition to the prohibited uses of water
identified in Section VI, the following water conservation requirements apply during a declared
Level 1 Water Supply Shortage:
1. Limits on Watering Days: Watering or irrigating of lawn, landscape or other vegetated
area with potable water is limited to three days per week on a schedule established and
posted by the [ENTITY]. During the months of November through March, watering or
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irrigating of lawn, landscape or other vegetated area with potable water is limited to no
more than one day per week on a schedule established and posted by the [ENTITY].
This provision does not apply to landscape irrigation zones that exclusively use very low
flow drip type irrigation systems when no emitter produces more than two (2) gallons of
water per hour. This provision also does not apply to watering or irrigating by use of a
hand-held bucket or similar container, a hand-held hose equipped with a positive self-
closing water shut-off nozzle or device, or for very short periods of time for the express
purpose of adjusting or repairing an irrigation system.
2. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other
malfunctions in the water user’s plumbing or distribution system must be repaired within
seventy-two (72) hours of notification by the [ENTITY] unless other arrangements are
made with the [ENTITY].
Section VIII. Level 2 Water Supply Shortage
a. A Level 2 Water Supply Shortage exists when the [ENTITY] determines, in its sole discretion,
that due to drought or other water supply conditions, a water supply 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. Upon the declaration by the
[ENTITY] of a Level 2 Water Supply Shortage condition, the [ENTITY] will implement the
mandatory Level 2 conservation measures identified in this section.
b. Additional Conservation Measures: In addition to the prohibited uses of water identified in
Section VI and VII, the following additional water conservation requirements apply during a
declared Level 2 Water Supply Shortage:
1. Watering Days: Watering or irrigating of lawn, landscape or other vegetated area with
potable water is limited to two days per week on a schedule established and posted by the
[ENTITY]. During the months of November through March, watering or irrigating of
lawn, landscape or other vegetated area with potable water is limited to no more than one
day per week on a schedule established and posted by the [ENTITY]. This provision
does not apply to landscape irrigation zones that exclusively use very low flow drip type
irrigation systems when no emitter produces more than two (2) gallons of water per hour.
This provision also does not apply to watering or irrigating by use of a hand-held bucket
or similar container, a hand-held hose equipped with a positive self-closing water shut-off
nozzle or device, or for very short periods of time for the express purpose of adjusting or
repairing an irrigation system.
2. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other
malfunctions in the water user’s plumbing or distribution system must be repaired within
forty-eight (48) hours of notification by the [ENTITY] unless other arrangements are
made with the [ENTITY].
3. Limits on Filling Ornamental Lakes or Ponds: Filling or re-filling ornamental lakes or
ponds is prohibited, except to the extent needed to sustain aquatic life, provided that such
animals are of significant value and have been actively managed within the water feature
prior to declaration of a supply shortage level under this ordinance.
4. Limits on Washing Vehicles: Using water to wash or clean a vehicle, including but not
limited to, any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized
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or not, is prohibited except by use of a hand-held bucket or similar container, a hand-held
hose equipped with a positive self-closing water shut-off nozzle or device, by high
pressure/low volume wash systems, or at a commercial car washing facility that utilizes a
re-circulating water system to capture or reuse water.
5. Limits on Filling Residential Swimming Pools & Spas: Re-filling of more than one
foot and initial filling of residential swimming pools or outdoor spas with potable water is
prohibited.
Section IX. Level 3 Water Supply Shortage – Emergency Condition
a. A Level 3 Water Supply Shortage condition is also referred to as an “Emergency” condition. A
Level 3 condition exists when the [ENTITY] declares a water shortage emergency and notifies its
residents and businesses that a significant reduction in consumer demand is necessary to maintain
sufficient water supplies for public health and safety. Upon the declaration of a Level 3 Water
Supply Shortage condition, the [ENTITY] will implement the mandatory Level 3 conservation
measures identified in this section.
b. Additional Conservation Measures: In addition to the prohibited uses of water identified in
Section VI, VII, and VIII, the following water conservation requirements apply during a declared
Level 3 Water Supply Shortage Emergency:
1. No Watering or Irrigating: Watering or irrigating of lawn, landscape or other vegetated
area with potable water is prohibited. This restriction does not apply to the following
categories of use, unless the [ENTITY] has determined that recycled water is available
and may be applied to the use:
i. Maintenance of vegetation, including trees and shrubs, that are watered using a
hand-held bucket or similar container, hand-held hose equipped with a positive
self–closing water shut-off nozzle or device;
ii. Maintenance of existing landscape necessary for fire protection;
iii. Maintenance of existing landscape for soil erosion control;
iv. Maintenance of plant materials identified to be rare or essential to the well-being
of protected species;
v. Maintenance of landscape within active public parks and playing fields, day care
centers, golf course greens, and school grounds, provided that such irrigation
does not exceed two (2) days per week according to the schedule established in
Section VIII(b)(1) and time restrictions in Section VI(a) and (b)(1);
vi. Actively irrigated environmental mitigation projects.
2. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other
malfunctions in the water user’s plumbing or distribution system must be repaired within
twenty four (24) hours of notification by the [ENTITY] unless other arrangements are
made with the [ENTITY].
3. a. No New Potable Water Service: Upon declaration of a Level 3 Water Supply
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Shortage Emergency condition, no new potable water service will be provided,
no new temporary meters or permanent meters will be provided, and no
statements of immediate ability to serve or provide potable water service (such
as, will-serve letters, certificates, or letters of availability) will be issued, except
under the following circumstances:
1. A valid, unexpired building permit has been issued for the project; or
2. The project is necessary to protect the public health, safety, and welfare;
or
3. The applicant provides substantial evidence of an enforceable
commitment that water demands for the project will be offset prior to the
provision of a new water meter(s) to the satisfaction of the [ENTITY].
This provision does not preclude the resetting or turn-on of meters to provide
continuation of water service or the restoration of service that has been
interrupted for a period of one year or less. [Not applicable to city / county that
is not a water provider]
or
b. Limits on Building Permits: The [ENTITY] will limit or withhold the issuance
of building permits which require new or expanded water service, except to
protect the public health, safety and welfare, or in cases which meet the
[ENTITY]’s adopted conservation offset requirements. [Not applicable to water
districts]
4. Discontinue Service: The [ENTITY], in its sole discretion, may discontinue service to
consumers who willfully violate provisions of this section. [Not applicable to city /
county that is not a water provider]
5. No New Annexations: Upon the declaration of a Level 3 Water Supply Shortage
condition, the [ENTITY] will suspend consideration of annexations to its service area.
This subsection does not apply to boundary corrections and annexations that will not
result in any increased use of water.
Section X. Procedures for Determination / Notification of Water Supply Shortage
a. Declaration and Notification of Water Supply Shortage: The existence of Level 1, Level 2 or
Level 3 Water Supply Shortage conditions may be declared by resolution of the [ENTITY]
adopted at a regular or special public meeting held in accordance with State law. The mandatory
conservation requirements applicable to Level 1, Level 2 or Level 3 conditions will take effect on
the tenth day after the date the shortage level is declared. Within five (5) days following the
declaration of the shortage level, the [ENTITY] must publish a copy of the resolution in a
newspaper used for publication of official notices. If the [ENTITY] activates a water allocation
process, it must provide notice of the activation by including it in the regular billing statement or
by any other mailing to the address to which the [ENTITY] customarily mails the billing statement
for fees or charges for on-going water service. A water allocation will be effective on the fifth
day following the date of mailing or at such later date as specified in the notice.
Section XI. Hardship Waiver
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a. Undue and Disproportionate Hardship: If, due to unique circumstances, a specific
requirement of this chapter would result in undue hardship to a person using water or to property
upon which water is used, that is disproportionate to the impacts to water users generally or to
similar property or classes of water users, then the person may apply for a waiver to the
requirements as provided in this section.
b. Written Finding: The waiver may be granted or conditionally granted only upon a written
finding of the existence of facts demonstrating an undue hardship to a person using water or to
property upon which water is used, that is disproportionate to the impacts to water users generally
or to similar property or classes of water use due to specific and unique circumstances of the user
or the user’s property.
1. Application: Application for a waiver must be on a form prescribed by the [ENTITY]
and accompanied by a non-refundable processing fee in an amount set by [GOVERNING
BODY OF ENTITY] resolution.
2. Supporting Documentation: The application must be accompanied by photographs,
maps, drawings, and other information, including a written statement of the applicant.
3. Required Findings for Waiver: An application for a waiver will be denied unless the
[Title of approving authority] finds, based on the information provided in the application,
supporting documents, or such additional information as may be requested, and on water
use information for the property as shown by the records of the [ENTITY] or its Agent, all
of the following:
i. That the waiver does not constitute a grant of special privilege inconsistent with
the limitations upon other residents and businesses;
ii. That because of special circumstances applicable to the property or its use, the
strict application of this chapter would have a disproportionate impact on the
property or use that exceeds the impacts to residents and businesses generally;
iii. That the authorizing of such waiver will not be of substantial detriment to
adjacent properties, and will not materially affect the ability of the [ENTITY] to
effectuate the purpose of this chapter and will not be detrimental to the public
interest; and
iv. That the condition or situation of the subject property or the intended use of the
property for which the waiver is sought is not common, recurrent or general in
nature.
4. Approval Authority: The [APPROPRIATE ENTITY MANAGER] must act upon any
completed application no later than ten (10) days after submittal and may approve,
conditionally approve, or deny the waiver. The applicant requesting the waiver must be
promptly notified in writing of any action taken. Unless specified otherwise at the time a
waiver is approved, the waiver will apply too the subject property during the period of the
mandatory water supply shortage condition. The decision of the [APPROPRIATE
ENTITY MANAGER] will be final.
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Section XII. Penalties and Violations [Metropolitan requires Penalty and Enforcement
Provisions. The following are some examples of possible penalties. Please Note: monetary
penalties are not required.]
a. Misdemeanor: Any violation of this chapter may be prosecuted as a misdemeanor punishable by
imprisonment in the county jail for not more than thirty (30) days, or by a fine not exceeding one
thousand dollars ($1,000), or by both.
b. Penalties: Penalties for failure to comply with any provisions of the ordinance are as follows:
1. First Violation: The [ENTITY] will issue a written warning and deliver a copy of this
ordinance by mail.
2. Second Violation: A second violation within the preceding twelve (12) calendar months
is punishable by a fine not to exceed one hundred dollars ($100).
3. Third Violation: A third violation within the preceding twelve (12) calendar months is
punishable by a fine not to exceed two hundred and fifty ($250).
4. Fourth and Subsequent Violations: A fourth and any subsequent violation is
punishable by a fine not to exceed five hundred ($500).
i. Water Flow Restrictor: In addition to any fines, the [ENTITY] may install a
water flow restrictor device of approximately one gallon per minute capacity for
services up to one and one-half inch size and comparatively sized restrictors for
larger services after written notice of intent to install a flow restrictor for a
minimum of forty eight (48) hours. [Not applicable to city / county that is not a
water provider]
5. Discontinuing Service: In addition to any fines and the installation of a water flow
restrictor, the [ENTITY] may disconnect a customer’s water service for willful violations
of mandatory restrictions in this chapter. [Not applicable to city / county that is not a
water provider]
c. Cost of Flow Restrictor and Disconnecting Service: A person or entity that violates this
ordinance is responsible for payment of the [ENTITY]’s charges for installing and/or removing
any flow restricting device and for disconnecting and/or reconnecting service per the [ENTITY]’s
schedule of charges then in effect. The charge for installing and/or removing any flow restricting
device must be paid to the [ENTITY] before the device is removed. Nonpayment will be subject
to the same remedies as nonpayment of basic water rates. [Not applicable to city / county that is
not a water provider]
d. Separate Offenses: Each day that a violation of this ordinance occurs is a separate offense.
e. Notice and Hearing:
1. The [ENTITY] will issue a Notice of Violation by mail or personal delivery at least ten
(10) days before taking enforcement action. Such notice must describe the violation and
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the date by which corrective action must be taken. A customer may appeal the Notice of
Violation by filing a written notice of appeal with the [ENTITY] no later than the close of
business on the day before the date scheduled for enforcement action. Any Notice of
Violation not timely appealed will be final. Upon receipt of a timely appeal, a hearing on
the appeal will be scheduled, and the [ENTITY] will mail written notice of the hearing
date to the customer at least ten (10) days before the date of the hearing.
2. Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the
[ENTITY] may take appropriate steps to prevent the unauthorized use of water as
appropriate to the nature and extent of the violations and the current declared water Level
condition.
Section XIII. Severability
If any section, subsection, sentence, clause or phrase in this chapter is for any reason held invalid, the
validity of the remainder of the chapter will not be affected. The [GOVERNING BODY OF ENTITY]
hereby declares it would have passed this chapter and each section, subsection, sentence, clause or phrase
thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or is
declared invalid.
Other Measures Available for Consideration
a. Water Allocations and Mandatory Reductions
1. Water Allocations / Water Budget: The [ENTITY] will activate a water allocation
process using a method that does not in effect penalize persons for prior implementation
of conservation methods or installation of water-saving devices. The [ENTITY] must
provide notice of activation of the allocation process by including it in the regular billing
statement for the fee or charge or by any other mailing to the address to which the
[ENTITY] customarily mails the billing statement for fees or charges for on-going water
service.
Following the effective date of the water allocation, any person using water in excess of
the allocation will be subject to a penalty in the amount of $__ for each billing unit of
water in excess of the allocation. The penalty for excess water usage will be cumulative
to any other remedy or penalty that may be imposed for violation of this ordinance. [Not
applicable to city / county that is not a water provider]. [Appropriate in Level 1, 2 or 3]
or
2. Mandatory Percentage Use Reductions: During a Level __ [To be determined by
ENTITY] Water Supply Shortage condition, all customers will be required to reduce
water consumption by a percentage determined by the [ENTITY]. [Not applicable to city
/ county that is not a water provider]. [Appropriate in Level 1, 2 or 3]
b. Large Landscape Areas – Rain Sensors: Large landscape areas, such as parks, cemeteries,
golf courses, school grounds, and playing fields, that use landscape irrigation systems to water or
irrigate, must use landscape irrigation systems with rain sensors that automatically shut off such
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systems during periods of rain or irrigation timers which automatically use information such as
evapotranspiration sensors to set an efficient water use schedule.
c. Construction Purposes: Recycled or non-potable water must be used for construction purposes
when available.
d. Water Recycling Required if Available: The use of potable water, other than recycled water, is
prohibited for specified uses after the [ENTITY] has provided to the user an analysis showing that
recycled water is available, a cost-effective alternative to potable water for such uses and the user
has had a reasonable time, as determined by the [ENTITY], to make the conversion to recycled
water. [Not applicable to city / county that is not a water provider]
e. Water Recycling – New Service: Prior to the connection of any new water service, an
evaluation must be done by the [ENTITY] to determine whether recycled water exists to supply all
or some of the water needed and recycled water must be utilized to the extent feasible. [Not
applicable to city / county that is not a water provider]
f. City / County Water Recycling Plan: The [ENTITY] must prepare a water recycling master
plan that contains recommendations to increase the amount of recycled water used and must
report to the [ENTITY GOVERNING BODY] annually on the progress towards implementing such
recommendations. [Not applicable to water districts]
g. City / County Conservation Reports: Upon request of the [ENTITY], [ENTITY] Departments
must prepare and submit quarterly reports on their water conservation efforts. The reports will be
consolidated by the [APPROPRIATE ENTITY MANAGER] and reported to the [ENTITY
GOVERNING BODY] at a minimum of once a year. [Not applicable to water districts]
h. Customer Water Conservation Reports: The [ENTITY] may, by written request, require all
commercial, residential and industrial customers using ______ [To be determined by ENTITY] or
more billing units per year to submit a water conservation plan and to submit quarterly progress
reports on such plan. The conservation plan must include recommendations for increased water
savings, including increased water recycling based on feasibility, and the reports must include
progress to date on implementation of such recommendations.
i. Water Conserving Plumbing Standards
1. Retrofits Upon Sale or Transfer: On or after January 1, 2010, no structure may be sold
or transferred unless all existing plumbing fixtures in the structure are retrofitted
exclusively with water-conserving plumbing fixtures. [Not applicable to water districts]
2. Change in Service: On or after January 1, 2010, upon the establishment of new water
service or a change in water service from one person to another non-family member, all
existing plumbing fixtures must be retrofitted exclusively with water-conserving
plumbing fixtures. [Not applicable to city / county that is not a water provider]
j. Reporting Mechanism - Hotline: The [ENTITY] will establish a water waste hotline for
residents to report violations of this chapter.
k. State Model Landscape Ordinance: The Department of Water Resources State Model
Landscaping Ordinance is adopted by reference and incorporated as part of this Chapter. The full
text of the Model Landscaping Ordinance is available on the [ENTITY] website at __________
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and a copy is maintained with the [ENTITY]. [Alternatively, the ENTITY may adopt a local
ordinance at least as effective as the state model].
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APPENDIX
WATER CONSERVATION ORDINANCE SUMMARY TABLE
Permanent Level 1 Level 2 Level 3 — Other Provisions
Emergency for Consideration
Restrictions Same as Permanent+ Same as Permanent& Same as Permanent,
Level 1 + Level l. &Leve12+ o Water allocation
requirements and
penalties for exceeding
• No Watering: 9am-5pm, o Watering limited to 3 o Watering limited to 2 o No watering or irrigating allotment
except by hand days a week days a week with certain exceptions
o Mandatory%reduction
• Irrigation system limit of o Fix leaks within 72 hours o Fix leaks within 48 hours o Fix leaks within 24 hours and penalties for overage
15 minutes
o No filling or re-filling o No new potable water o Large landscape areas
• No excessive water flow ornamental lakes or service must have rain sensors
or runoff ponds
o No new annexations to o Recycled or non-potable
• No washing down hard o Wash vehicles only at car service areas water must be used for
or paved surfaces wash with re-circulating construction
system o Limit or withhold
• Obligation to fix leaks in building permits o Must use recycled water
reasonable time(within 7 o No filling residential if entity shows cost
days of notice) pools or outdoor spas o No new annexations effective alternative
• Fountains only with re- o Recycled water must be
circulating water used for new water
connection if feasible
• Wash vehicles only with
bucket or shut-off nozzle o City/County prepares
water recycling plan and
• Restaurants only serve reports on progress
water on request
o Departments prepare
• Hotels must provide annual conservation
guests option to not reports
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launder linen daily o Customers that use more
than billing units
• No installation of single- required to submit water
pass cooling systems conservation report
• No installation of non re- o Plumbing retrofits upon
circulating car wash sale,transfer or change in
systems service
• Restaurants must use o Establish water waste
conserving nozzles Hotline
• Commercial Car Wash o Adopt State Model
Systems use Re- Landscape Ordinance by
Circulating by Jan. 1,_ reference
Penalties Same as Permanent Same as Permanent Same as Permanent
• Fines,flow restrictor or
disconnect service after
4'violation
• Misdemeanor
• Reporting mechanism
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ORDINANCE NO. 09-01
I ORDINANCE OF THE BOARD OF DIRECTORS OF
THE YORBA LINDA WATER DISTRICT INSTITUTING WATER
CONSERVATION MEASURES, PROHIBITION AGAINST WATER WASTE AND
WATER SHORTAGE SUPPLY
CONTINGENCIES WHEREAS,California has had one of the driest years on record, with eight of
the past ten years meetingdrought-level conditions;
and WHEREAS,storage in the Colorado River system has dropped tofifty-five (
55)percent of total capacity;
and WHEREAS,the flow of the California Aqueduct has been restricted by up to
thirty-five (35) percent, due to a federal court ruling to protect the
Delta Smelt;
and WHEREAS,the Governor of the State of California proclaimed a statewide
drought and issued a State of Emergency to address the California
water shortage, requesting that all water users reduce their water use
by twenty (20) percent and asking all water agencies to assist
their customers in reducing their use through a water conservation
program;
and WHEREAS,the Orange County Grand Jury investigated solutions into the
looming water crisis in California and recommends in its report for local
water agencies a goal often-percent voluntary conservation, a focus
on outdoor usage, the development of monthly allocations for
each customer and the implementation ofconservation-inducing pricing;
and WHEREAS,the Metropolitan Water District of Southern California is currently in
a Water Supply Alert" phase and urges implementation of "
extraordinary conservation measures", such as conservation pricing, outdoor
water restrictions, prohibition of runoff, enhanced rebates, and
coordination with the Municipal Water District of Orange County to develop a
unified regional message and to accelerate media and outreach
campaigns;
and WHEREAS,the Metropolitan Water District of Southern California is
requiring ordinances from all agencies that receive rebate incentives
detailing water conservation measures, prohibitions against water waste
and associated penalties;
and WHEREAS,the Municipal Water District of Orange County, the agency
responsible for providing the Yorba Linda Water District with imported
water through the Metropolitan Water District, has enacted a
resolution
asking every Orange County resident and business to immediately
reduce their water usage by ten-percent (10); and
WHEREAS,the Orange County Water District, the agency responsible for
supervising the Orange County Groundwater Basin, has implemented
the "OC Water Hero" public education campaign, urging customers to
conserve twenty gallons of water per person, per day; and
WHEREAS,the Yorba Linda Water District has broad authority to enact water
conservation rules under the laws of the State of California; and
WHEREAS,the adoption of water conservation measures would assist in avoiding
or minimizing the effects of water supply restrictions and a water
shortage in Southern California.
NOW, THEREFORE, BE IT ORDAINED, under the authority of Water Code 350 and
31028, that the Board of Directors of the Yorba Linda Water District, does hereby FIND
AND DETERMINE that matters set forth in the above recitals are true and correct, and
that the Board of Directors of the Yorba Linda Water District therefore DECLARES the
existence of an emergency caused by drought or other threatened or existing water
shortage; and
THEREFORE, BE IT ORDAINED, under the authority of Water Code 350 and 31028,
that the Board of Directors of the Yorba Linda Water District, does hereby FIND,
DETERMINE AND DECLARE that water conservation measures and restriction on the
use of District water are necessary and appropriate to protect the health and safety of
water users within the Yorba Linda Water District; and
THEREFORE, BE IT ORDAINED, under authority of Water Code 353 and 31026, that
the Board of Directors of the Yorba Linda Water District, based upon the findings set forth
herein, does hereby PROHIBIT the wastage of District water and does hereby ORDER
that the following water conservation measures and water use restrictions are necessary
and appropriate to prevent the waste of District water and to protect the health and safety
of water users with the Yorba Linda Water District. These measures will be effective as of
July 1, 2009.
SECTION 1:Permanent Water Conservation Measures and Prohibitions
Against Water Waste.
A. The following water conservation requirements are effective at all times and are
permanent. Violations of this section will be considered waste and an
unreasonable use of water.
1. Limits on Watering Hours
Watering or irrigation of lawn, landscape or other vegetated area is prohibited
between the hours of 9:00 a.m. and 6:00 p.m. on any day, or between hours
later designated by the District, except for the express purpose of adjusting
or repairing an irrigation system. This subsection does not apply to landscape
2
irrigation systems that exclusively use very low-flow drip irrigation where no
emitter produces more than two (2) gallons of water per hour.
2. Limit on Watering Duration
Watering or irrigating of lawn, landscape or other vegetated area is limited to
fifteen (15) minutes watering per station per day. This subsection does not
apply to landscape irrigation systems that exclusively use very low-flow drip
irrigation where no emitter produces more than two (2) gallons of water per
hour and weather based controllers or stream rotor sprinklers that meet a
70% efficiency standard.
3. No Waterina During Rain
Watering or irrigating of lawn, landscape or other vegetated area is prohibited
when it is currently raining or there is a forecasted chance of rain of fifty (50)
percent or higher.
4. No Excessive Water Flow or Runoff
Water or irrigation of any lawn, landscape or other vegetated area in a
manner that causes or allows excessive water flow or runoff onto an
adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited.
5. No Washing Down Hard or Paved Surfaces
Washing down hard or paved surfaces, including but not limited to sidewalks,
walkways, driveways, parking areas, tennis courts, patios or alley, is
prohibited except when necessary to alleviate safety or sanitary hazards and
then only by use of a hand-held bucket or similar container, a low-volume,
high-pressure cleaning machine equipped to recycle any water used, or a
low-volume high-pressure water broom.
6. Obligation to Fix Leaks Breaks or Other Malfunctions
Excessive use, loss or escape of water through breaks, leaks or other
malfunctions in the water user's plumbing or distribution system, including
that of irrigation systems, beyond a reasonable period of time after such
escape of water should have been discovered and corrected, and in no event
more than three (3) calendar days of receiving notice from the District, is
prohibited.
7. Re-circulating Water Required for Water Fountains and Decorative Water
Features
Operating a water fountain or other decorative water feature that does not
use re-circulated water is prohibited.
8. Limits on Washing Vehicles
Using water to wash or clean a vehicle, including but not limited to any
automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or
not is prohibited, except by use of a hand-held bucket or similar container
and/or a hand-held hose equipped with a positive self-closing water shut-off
nozzle or device. This subsection does not apply to any commercial car
washing facility.
3
9. Drinking Water Served Upon Request Only
Eating or drinking establishments, including but not limited to a restaurant,
hotel, cafe, cafeteria, bar, or other public place where food or drinks are sold,
served, or offered for sale, are prohibited from providing drinking water to any
person unless expressly requested.
10.Commercial Lodging Establishments Must Provide Guests the Option to
Decline Daily Linen Services
Hotels, motels and other commercial lodging establishments must provide
customers the option of not having towels and linen laundered daily.
Commercial lodging establishments must prominently display notice of this
option in each bathroom using clear and easily understood language.
11. No Installation of Single Pass Cooling Systems
Installation of single pass cooling systems is prohibited in buildings
requesting new water service.
12.No Installation of Non-re-circulating water system in Commercial Laundry
Systems
Installation of non-re-circulating water systems is prohibited in new
commercial laundry systems.
13. Restaurants Required to Use Water Conserving Dish Wash Spray Valves
Food preparation establishments, such as restaurants or cafes, are
prohibited from using non-water conserving dish wash spray valves.
14. Commercial Car Wash Systems
Effective on July 1, 2009, all new commercial conveyor car wash systems
must have installed operational re-circulating water systems, or must have
secured a waiver of this requirement from the District.
SECTION 2:Stage 1 - Water Supply Shortage
Water Use Reduction Goal - up to 10%)
A. A Stage 1 Water Supply Shortage exists when the District determines, in its sole
discretion, that due to drought or other water supply conditions, a water supply
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, or without prior Board approval when the Metropolitan
Water District of Southern California changes its Water Supply Alert stage to
Condition 2: Water Supply Alert".
B. In addition to the prohibited uses of water identified as permanent water
conservation measures and prohibitions against water waste (Section 1), the
following water conservation requirements apply during a declared Stage 1 Water
Supply Shortage.
4
1. Limits on Watering Days
Watering or irrigation of lawn, landscape or other vegetated area is limited to
three (3) calendar days per week, in which odd numbered addresses are
permitted to irrigate on Monday, Wednesday and Friday, and even
numbered addresses are permitted irrigate Tuesday, Thursday and
Saturday. No irrigation is permitted on Sunday. This subsection does not
apply to any landscape irrigation system that exclusively use very low-flow
drip irrigation where no emitter produces more than two (2) gallons of water
per hour and weather based controllers or stream rotor sprinklers that meet a
70% efficiency standard.
SECTION 3:Stage 2 - Water Supply Shortage
Water Use Reduction Goal- up to 20%)
A. A Stage 2 Water Supply Shortage exists when the District determines, in its sole
discretion, that due to drought or other water supply conditions, a water supply
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, or without prior Board approval when the Metropolitan
Water District of Southern California changes its Water Supply Alert stage to
Condition 3: Water Supply Allocation of 5% through 15%".
B. In addition to the prohibited uses of water identified as permanent water
conservation measures and prohibitions against water waste (Section 1), the
following water conservation requirements apply during a declared Stage 2 Water
Supply Shortage:
1. Limits on Watering Days
Watering or irrigation of lawn, landscape or other vegetated area in the
months of April through October, is limited to three (3) calendar days per
week in which odd numbered addresses are permitted to irrigate on
Monday, Wednesday and Friday, and even numbered addresses are
permitted to irrigate on Tuesday, Thursday and Saturday. No irrigation is
permitted on Sunday. In the months of November through March,
irrigation is limited to two (2) calendar days per week, in which odd
numbered addresses are permitted to irrigate Monday and Friday, and
even numbered addresses are permitted to irrigate Tuesday and
Saturday. This subsection does not apply to any landscape irrigation
system that exclusively uses very low-flow drip irrigation where no
emitter produces more than two (2) gallons of water per hour and
weather based controllers or stream rotor sprinklers that meet a 70%
efficiency standard.
2. Obligation to Fix Leaks. Breaks, or Other Malfunctions
Excessive use, loss or escape of water through breaks, leaks or other
malfunctions in the water user's plumbing or distribution system for any
period of time after such escape of water should reasonably have been
discovered and corrected and in no event more than two (2) calendar
days of receiving notice from the District, is prohibited.
5
SECTION 4:Stage 3 - Water Supply Shortage
Water Use Reduction Goal- up to 35%)
A. A Stage 3 Water Supply Shortage exists when the District determines, in its sole
discretion, that due to drought or other water supply conditions, a water supply
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, or without prior Board approval when the Metropolitan
Water District of Southern California changes its Water Supply Alert stage to
Condition 3: Water Supply Allocation of 20% through 35%".
In addition to the prohibited uses of water identified as permanent water conservation
measures and prohibitions against water waste Section 1), the following water
conservation requirements apply during a declared Stage 3 Water Supply Shortage:
1. Limits on Watering Days
Watering or irrigation of lawn, landscape or other vegetated area in the
months of April through October is limited to two (2) calendar days per
week, in which odd numbered addresses are permitted to irrigate on
Monday and Friday, and even numbered addresses are permitted to
irrigate on Tuesday and Saturday. In the months of November through
March, is limited to one (1) calendar day per week, in which odd
numbered addresses are permitted to irrigate on Monday only and even
numbered addresses are permitted to irrigate Saturday only This
subsection does not apply to landscape irrigation systems that
exclusively use very low-flow drip irrigation where no emitter produces
more than two (2) gallons of water per hour and weather based
controllers or stream rotor sprinklers that meet a 70% efficiency
standard.
2. Limits on Filling Swimming Pools & Spas
Re-filling of more than one foot and initial filling of residential swimming
pools or outdoor spas is prohibited.
SECTION 5:Stage 4 - Water Supply Shortage - Emergency Condition
Water Use Reduction Goal- 40% or Greater)
A. A Stage 4 Water Supply Shortage is also referred to as an "emergency" condition.
A Stage 4 Water Supply Shortage exists when the District declares, in its sole
discretion, a water shortage emergency and notifies its residents and businesses
that a significant reduction in consumer demand is necessary to maintain sufficient
water supplies for public health and safety, or without prior Board approval when
the Metropolitan Water District of Southern California changes its Water Supply
Alert stage to "Condition 3: Water Supply Allocation of 40% or greater'.
B. In addition to the prohibited uses of water identified as permanent water
conservation measures and prohibitions against water waste (Section 1), the
following water conservation requirements apply during a declared Stage 4 Water
Supply Shortage:
6
1. No Watering or Irrigating
Watering or irrigating of lawn, landscape or other vegetated area with
potable water is prohibited. This restriction does not apply to the
following categories of use:
a. Maintenance of vegetation, including trees and shrubs, that are
watered using a hand-held bucket or similar container, hand-held
hose equipped with a positive self-closing water shut-off nozzle
or device;
b. Maintenance of existing landscape necessary for fire protection;
c. Maintenance of existing landscape for soil erosion control;
d. Actively irrigated environmental mitigation projects.
2. Obligation to Fix Leaks. Breaks, or Other Malfunctions
Excessive use, loss or escape of water through breaks, leaks or other
malfunctions in the water user's plumbing or distribution system for any
period of time after such escape of water should reasonably have been
discovered and corrected and in no event more than one (1) calendar
day of receiving notice from the District, is prohibited.
3. No New Water Service
Upon declaration of a Stage 4 Water Supply Shortage Emergency
condition, no new water service will be provided and no new temporary
meters or permanent meters will be provided, except as is necessary to
protect the public health, safety, and welfare.
SECTION 6:Hardship Variance
A. If, due to unique circumstances, a specific requirement of this ordinance would
result in undue hardship to a person using water or to property upon which water is
used, that is disproportionate to the impacts to water users generally or to similar
property or classes of water users, then the person may apply for a variance to the
requirements as provided in this section.
1. Written Finding
The variance may be granted or conditionally granted only upon a
written finding of the existence of facts demonstrating an undue hardship
to a person using water or to property upon which water is used, that is
disproportionate to the impacts to water users generally or to similar
property or classes of water use due to specific and unique
circumstances of the user or the user's property.
2. Application
Application for a variance must be on a form prescribed by the Yorba
Linda Water District (Exhibit A) and accompanied by a $25 non-
refundable processing fee.
7
3. Supportina Documentation
The application must be accompanied by photographs, maps, drawings,
and other information showing why the request should be granted,
including a written statement of the applicant.
4. Required Findings for Variance
An application for a variance will be denied unless the District finds,
based on the information provided in the application, supporting
documents, or such additional information as may be requested, and on
water use information for the property as shown by the records of the
District, all of the following:
a. That the variance does not constitute a grant of special
privilege inconsistent with the limitations upon other residents
and businesses;
b. That because of special circumstances applicable to the
property or its use, the strict application of this chapter would
have a disproportionate impact on the property or use that
exceeds the impacts to residents and businesses generally;
c. That the authorizing of such variance will not be of substantial
detriment to adjacent properties and will not be detrimental to
the public interest; and
d. That the condition or situation of the subject property or the
intended use of the property for which the variance is sought is
not common, recurrent or general in nature.
e. That conservation is already being accomplished through the
previous installation of water saving features.
5. Approval Authority
The General Manager's Designee shall promptly act upon any
completed application no later than seven (7) calendar days after
submittal and may approve, conditionally approve, or deny the variance.
The applicant requesting the variance shall be promptly notified in writing
of any action taken (Exhibit J). Unless specified otherwise at the time a
variance is approved, the variance will apply to the subject property
during the period of the mandatory water supply shortage condition and
if approved or conditionally approved, will apply from the date of
approval only. Any previous violations and/or subsequent penalties are
final. The decision of the General Manager's Designee can be appealed
to the General Manager by written notice within seven (7) calendar days
of the date of the denied waiver. The General Manager shall act upon an
appeal within thirty (30) calendar days of the District's receipt of the
applicant's appeal. The General Manager's decision shall be final.
8
6. Previous Violations
Any approved or conditionally approved waiver is valid from the date in
which it was approved or conditionally approved forward. Any previous
violations and subsequent fines or penalties associated with those
violations are final and will not be reimbursed.
SECTION 7:Penalties and Violations
A. Violations of any provisions of the ordinance herein must be personally observed
by members of the District staff able to personally attest to them. The fines for
such violations will be collected on the water bill. Failure to pay a fine amount will
be treated as nonpayment of the water bill and water service may be terminated as
a result. Protests for violations are allowable per Section 8 of this ordinance. The
fines for such violations are as follows:
1. First Violation
The Yorba Linda Water District will hand deliver a door hanger (Exhibit
B) to the location of the violation and will also mail a Notice of First
Violation (Exhibit C) to the current billing address.
2. Second Violation
A second violation within twelve (12) calendar months of the first
violation is punishable by a penalty not to exceed one hundred dollars
100). This amount will be added to the next water bill fifteen days after
the date of the violation, if not protested. The Yorba Linda Water District
will hand deliver a door hanger (Exhibit B) to the location of the violation
and will also send a Notice of Second Violation (Exhibit D) to the current
billing address.
3. Third Violation
A third violation within twelve (12) calendar months of the first or second
violation is punishable by a penalty not to exceed two hundred and fifty
dollars ($250). This amount will be added to the next water bill fifteen
days after the date of the violation, if not protested. The Yorba Linda
Water District will hand deliver a door hanger (Exhibit B) to the location
of the violation and will also send a Notice of Third Violation (Exhibit E)
to the current billing address.
4. Fourth and Subsequent Violations
A fourth and any subsequent violation within (12) calendar months of the
first or any subsequent violation is punishable by a fine not to exceed
five hundred dollars ($500). This amount will be added to the next water
bill fifteen days after the date of the violation, if not protested. The Yorba
Linda Water District will hand deliver a door hanger (Exhibit B) to the
location of the violation and will also send a Notice of Fourth and
Subsequent Violations (Exhibit F to the current billing address.
5. Water Flow Restrictor Device
9
In addition to any fines, the District, at the discretion of the General
Manager, may install a water flow restrictor device of approximately one
gallon per minute capacity for services up to one and one-half inch size
and comparatively sized restrictors for larger services. The restrictor will
be installed by the District forty-eight (48) hours after a Notice of Intent to
Install Flow Restrictor (Exhibit G) is sent to the current billing address.
The restrictor will remain installed for a minimum of forty-eight (48) hours
or such time as the General Manager, in his discretion, should decide.
6. Water Service Discontinuation
In addition to any fines and the installation of a water flow restrictor, the
District, at the discretion of the General Manager, may disconnect a
customer's water service for willful violations of mandatory restrictions
listed herein. The discontinuation of service will be imposed by the
District forty-eight (48) hours after a Notice of Intent to Discontinue
Service (Exhibit H) is sent to the current billing address, and will be
imposed in the same process as disconnection pertaining to unpaid bills.
A person or entity that violates this ordinance is responsible for payment
of the District's charges for installing and/or removing any flow restricting
device and for disconnection and/or reconnecting service per the
District's schedule of charges then in effect. The charge for installing
and/or removing any flow restricting device must be paid to the District
before the device is removed. Nonpayment will be subject to the same
remedies as nonpayment of basic water rates.
B. In the event that the individual responsible for the payment of the water bill is not
the violator of the 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 8:Relief from Enforcement
A. The District will issue a Notice of Violation (Exhibits C-F) by mail or personal
delivery at least fourteen (14) calendar days before taking enforcement action, with
the exception of fourth and subsequent violations. Such notice will describe the
violation and the date by which corrective action must be taken. A customer
wishing to protest the Notice of Violation must first seek administrative review by
the District by filing a written Notice of Review (Exhibit 1) with the District no later
than fourteen (14) days from the date of notice. Any Notice of Violation not timely
protested will be final. Upon receipt of a timely protest, the protest will be fully
reviewed by the General Manager, with a Notice of Decision (Exhibit J) sent to the
customer by mail within thirty (30) days of appeal. The District will only grant relief
if the violation claimed is not in violation of the provisions of the Ordinance, the
claim of violation is factually incorrect, or the District finds in its discretion that a
violation did not occur. Should the District deny the customer relief, the customer
may appeal the denial of the protest by filing a Form SC 100 with the Small Claims
10
division of the Superior Court within 25 days of the District's decision to deny the
protest. (Gov. Code, § 53069.4 (b)(1); Cal. Code of Civ. Pro., § 1013 (a).)
Pending receipt of a written appeal, and appeal to the Superior Court, the District
may take appropriate steps to prevent the unauthorized use of water as
appropriate to the nature and extent of the violations and the current declared
water Stage condition. However, the District will not terminate water service while
an appeal or hearing is still pending.
SECTION 9:This Ordinance is Controlling
To the extent that there is any inconsistency between this ordinance and the Urban Water
Management Plan, any previous ordinances, resolutions, or other planning documents, or
any other documents pertaining to water conservation or water use prohibitions, this
ordinance shall prevail.
PASSED AND ADOPTED this 14th day of May, 2009 by the following called vote:
AYES:Directors Armstrong, Beverage, Mills and Summerfield
NOES:None
ABSENT:Director Collett
ABSTAIN:None
6111ohn W. Summerfield, President
t ATTEST:
K nneth Vecchiarelli, Secretary
Reviewed as to form by
General
Counsel:
Ask
Arthur G. Kidman, Esq.
McCormick, Kidman and Behrens
11
Yorba Linda
Water District
Exhibit "A"
Conservation Ordinance Waiver Application
This Application is pursuant to Ordinance 09-01
Name Date
Last)First)
Address for Waiver
Street)City)Zip)
Restriction Waiver is Requested For
Pursuant to Ordinance 09-01, Section 6, if, due to unique circumstances, a specific
requirement of the Ordinance restrictions would result in undue hardship to a person
using water or to property upon which water is used that is disproportionate to the
impacts to water users generally or to similar property or classes of water users to the
individual or property at the above address a waiver may be granted.
The waiver may be granted, conditionally granted or denied based upon any included
support documents and the paid non-refundable Application Processing Fee of $25. These
documents can include a written statement of explanation, photographs, maps, drawings,
etc. Proof of previous conservation through the installation of water saving features must
also be included in the supporting documentation in order for the waiver to be granted or
conditionally granted. Exclusion of this proof is grounds for denial of the waiver.
Further, pursuant to Ordinance 09-01, Section 6, the General Manager's Designee will act
upon any completed application no later than seven (7) days after receipt of the waiver
application with a Notice of Decision (Exhibit J) sent to the address requesting the waiver.
The decision of the Designee can be appealed to the General Manager, with the completion
of another application within seven (7) days of the date of denied waiver. The decision of
the General Manager will be final.
If approved, or conditionally approved, this waiver is valid only from the date approved or
conditionally approved, forward. Any previous violations and subsequent fines or penalties
incurred are final and will not be reimbursed retroactively.
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 application.
Signature
FOR OFFICE USE ONLY Application Fee Paid
Approved First Application
Conditionally Approved Second Application
Denied
1 1
1 1
I I
Exhibit "B"1
1 1
1 1
I 1
I 1
1 I 1
1 1
1 1
1 1
I
Yorba Linda
Water District
As the water supply situation worsens, conserva-
tion and water use efficiency remain key factors.
Please help to`do`your part.
1
1
We were in the area and wanted to make you
aware of the following restriction:
Watering'between 9am and 6pm
Watering more than 15 min per station per day
1 1
Excessive Water Flow/Runoff
1
Washing down of hard surfaces
1
1
1
Watering when it is raining1
1
1
Other
I
Need HelmA
1 II
Check out the other side of this hanger for
information on
Rebates & Conservation Tips
1 I
Issued byYLWD Employee No.
I 1
Date:1
1
1
Pursuant to Ordinance XX-XX, this Doorhanger serves as a
Notice of Violation 1
I I
I
i
Yorba Linda
Water District
Please Do YOUR Part To
Help Conserve Water!
CONSERVATION TIPS
6 Limit waging to 15 min. per station per day.
6 Refrain from washing down drive-ways,
sidewalks or patios.
6 Adjust sprinkers to eliminate overspray
and runoff.
46 Step on your grass to check if it needs to
be watered. If it pops back up, it doesn't.
6 Promptly repair all leaks, including those
within your sprinkler system.
REBATES
Both Indoor & Outdoor Rebates are available! ;
Online rebate forms can be found at:
www.socalwatersmart.com
www.ylwd.com
More conservation tips can be found at:
www.ylwd.com
714-701-3000
WaterYorba Linda
District
Exhibit "C"
Date
Re: Pursuant to Ordinance 09-01, First Violation, Case No.
Dear Customer,
We wanted to bring to your attention Ordinance 09-01, passed by the Yorba Linda
Water District Board of Directors on May 14, 2009. A District employee was in your
area and noticed an inadvertent violation on the following date,at the
following address:This ordinance, like many
similar throughout California, was passed in reaction to the worsening water crisis.
California has had one of the driest years on record, with eight of the past ten years
meeting drought-level conditions and the Governor of the State of California
proclaimed a state-wide drought and issued a State of Emergency, requesting that all
water users reduce their water use by twenty (20) percent.
We, at the Yorba Linda Water District, are committed to assisting our customers meet
this request by focusing on the reduction of water waste and the efficiency of water
that is used. Rebates for both indoor and outdoor products and conservation tips are
available through the District website at www.ylwd.com.
Please review the included Ordinance and feel free to contact us if you have any
questions about its implementation. Due to unique circumstances, should you require
an exemption from these restrictions, due to unique circumstances which create a
hardship, a request for a Hardship Waiver can be submitted to the District. The
Conservation Ordinance Waiver Application is available at the District Administrative
Offices and through the District website. Upon submittal of the request for a variance
to the District, the District staff will review the request and either approve,
conditionally approve, or deny the waiver. If approved, the waiver is applicable from
that date forward. Any previous violations will not be reimbursed retroactively.
Thank you, in advance, for your commitment to water use efficiency.
Sincerely,
Cindy Botts
Management Analyst
Yorba Linda
Water District
Exhibit "D"
Date
Notice of Second Violation
This Notice is issued pursuant to Ordinance 09-01
Violation Case No.Date Issued
Location of Violation
I. Violations
The following violations of District Ordinance 09-01 have been witnessed as
occurring on said property by a District employee:
II. Corrective Actions
The following corrective action is required:
III. Date for Compliance/ Penalties
You have been assessed a penalty for the above violations in the amount of one
hundred ($100) dollars. This penalty will appear on your water bill after fourteen
14) days, if not appealed. The account is subject to disconnect if any and all
penalties are not paid in a timely manner. Corrective action is required within
fourteen (14) days to avoid future violations. Future violations will also incur
penalties pursuant to Ordinance No. 09-01, Section 7a. A copy of the full Ordinance
is attached.
This order shall become final unless you file a protest with the District no
later than the close of business fourteen (14) days after the date of this Notice
of Violation. The Notice of Appeal is available at the District Administrative
Offices and online at www.vlwd.com.
Issuing Party: Cindy Botts, Management Analyst
Signature:
Yorba Linda
Water District
Exhibit "E"
Date
Notice of Third Violation
This Notice is issued pursuant to Ordinance 09-01
Violation Case No.Date Issued
Location of Violation
1. Violations
The following violations of District Ordinance 09-01 have been witnessed as
occurring on said property by a District employee:
II. Corrective Actions
The following corrective action is required:
III. Date for Compliance/ Penalties
You have been assessed a penalty for the above violations in the amount of two
hundred and fifty ($250) dollars. This penalty will appear on your water bill after
fourteen (14) days, if not appealed. The account is subject to disconnect if any and
all penalties are not paid in a timely manner. Corrective action is required within
fourteen (14) days to avoid future violations. Future violations will also incur
penalties pursuant to Ordinance No.09-01 , Section 7a. A copy of the full Ordinance
is attached.
This order shall become final unless you file a protest with the District no
later than the close of business fourteen (14( days after the date of this Notice
of Violation. The Notice of Appeal is available at the District Administrative
Offices and online at www.vlwd.com.
Issuing Party: Cindy Botts, Management Analyst
Signature:
w"n Yorba Linda
Water District
EXHIBIT "F"
Date
Notice of Fourth and Subsequent Violation
This Notice is issued pursuant to Ordinance 09-01
Violation Case No.Date Issued
Location of Violation
I. Violations
The following violations of District Ordinance 09-01 have been witnessed as
occurring on said property by a District employee:
U. Corrective Actions
The following corrective action is required:
III. Date for Compliance/ Penalties
You have been assessed a penalty for the above violations in the amount of five
hundred ($500) dollars. This penalty will appear on your water bill after fourteen
14) days, if not appealed. In addition to the penalty, the District may install a water
flow restrictor device (48/48 Program) and/or may disconnect service for willful
violations, pursuant to Ordinance 09-01. The installation of a restrictor and/or the
disconnection of service may become effective within forty-eight (48) hours, by
separate notice. The account is also subject to disconnect if any and all penalties
are not paid in a timely manner. Corrective action is required within fourteen (14)
days to avoid future violations. Fixture violations will also incur penalties pursuant
to Ordinance No. 09-01, Section 7a. A copy of the full Ordinance is attached.
This order shall become final unless you file a protest with the District no
later than the close of business fourteen (14) days after the date of this Notice
of Violation. The Notice of Appeal is available at the District Administrative
Offices and online at www.vlwd.com.
Issuing Party: Cindy Botts, Management Analyst
Signature:
K"m Yorba Linda
Water District
Exhibit "G"
Date
Notice of Intent to Install Flow Restrictor
This Notice is issued pursuant to Ordinance 09-01
Violation Case No.Date Issued
Location of Violation
This notice is in regard to the receipt of a Fourth or Subsequent Violation (Exhibit
F"). Pursuant to Ordinance 09-01, Section 7a, in addition to any fees assessed,
the District may install a water flow restrictor device (48/48 Program) and/or may
disconnect service for willful violations.
The restrictor will be installed by the District forty-eight (48) hours after a Notice of
Intent to Install Flow Restrictor (Exhibit G) is sent to the current billing address.
The restrictor will allow approximately one gallon per minute capacity for services
up to one and one-half inch size and comparatively sized restrictors for larger
services, and will remain installed for a minimum of forty-eight (48) hours.
Removal of the flow restrictor is at the discretion of the General Manager.
Further, pursuant to Ordinance 09-01, Section 7a, payment of the District's
charges for installing and/or removing any flow restricting device and for
disconnection and/or reconnecting service per the District's schedule of charges
then in effect will be included on the customer's water bill. The charge for installing
and/or removing any flow restricting device must be paid to the District before the
device is removed. The account is also subject to disconnect if any and all
penalties are not paid in a timely manner.
Due to unique circumstances, should you require an exemption from these
restrictions, a Hardship Waiver can be submitted to the District, and is available at
the District Administrative Offices and online at www.vlwd.com.
Issuing Party: Kenneth R. Vecchiarelli, General Manager
Signature:
U
Yorba Linda
Water District
Exhibit "H"
Date
Notice of Intent to Disconnect Service
This Notice is issued pursuant to Ordinance 09-01
Violation Case No.Date Issued
Location of Violation
This notice is in regard to the receipt of a Fourth or Subsequent Violation (Exhibit
F"). Pursuant to Ordinance 09-01, Section 7a, in addition to any fees assessed,
the District may install a water flow restrictor device (48/48 Program) and/or may
disconnect service for willful violations.
The discontinuation of service will be imposed by the District forty-eight (48) hours
after a Notice of Intent to Discontinue Service (Exhibit H) is sent to the current
billing address.
Further, pursuant to Ordinance 09-01, Section 7a, payment of the District's
charges for installing and/or removing any flow restricting device and for
disconnection and/or reconnecting service per the District's schedule of charges
then in effect will be included on the customer's water bill. The charge for
disconnection and/or reconnecting services must be paid to the District before the
service is restored. The account is also subject to disconnect if any and all
penalties are not paid in a timely manner.
Due to unique circumstances, should you require an exemption from these
restrictions, a Hardship Waiver can be submitted to the District, and is available at
the District Administrative Offices and online at www.vlwd.com.
Issuing Party: Kenneth R. Vecchiarelli, General Manager
Signature:
M
Yorba Linda
Water District
Exhibit "I"
Notice of Review
This notice is pursuant to Ordinance 09-01
Name Date
Last(First(
Address for Waiver/Violation Appeal
Street(City)Zip(
Violation No. (it applicable)
Pursuant to Ordinance 09-01, if, due to unique circumstances, a specific
requirement of the Ordinance restrictions would result in undue hardship,
additional supporting documents are found, or the violation was made in error, an
appeal can be submitted to the District no later than the close of business on the
day before the date scheduled for enforcement action. Any Notice of Violation not
timely appealed will be final.
The waiver may be granted, conditionally granted or denied based upon any
included support documents. These documents can include a written statement of
explanation, photographs, maps, drawings, etc.
Further, pursuant to Ordinance 09-01, Section 7, the General Manager's Designee
will act upon any completed Notice of Review (Exhibit I) no later than seven (7)
calendar days after receipt of the appeal with a Notice of Decision (Exhibit J) sent
to the address requesting the appeal. The decision of the Designee can be
appealed to the General Manager, with the completion of another application
within seven (7) days of the date of denied waiver. The General Manager will act
upon the appeal within thirty (30) calendar days. The decision of the General
Manager is final.
1 understand that any information provided on this form or in supporting documentation that
is found to be unllfully falsified shall result in an automatic denial of the appeal.
Signature
FOR OFFICE USE ONLY
Approved
Conditionally Approved
Denied
w"n Yorba Linda
Water District
Exhibit "J"
Notice of Decision
This notice is pursuant to Ordinance 09-01
Pursuant to Ordinance 09-01, if, due to unique circumstances, a specific requirement of the
Ordinance restrictions would result in undue hardship, additional supporting documents are
found, or the violation was made in error, an appeal can be submitted to the District no later
than the close of business on the day before the date scheduled for enforcement action. Any
Notice of Violation not timely appealed will be final.
The waiver may be granted, conditionally granted or denied based upon any included support
documents. These documents can include a written statement of explanation, photographs,
maps, drawings, etc.
Pursuant to Ordinance 09-01, Section 6, the General Manager's Designee will act upon any
completed Notice of Notice of Appeal no later than seven (7) calendar days after receipt of the
appeal. Unless specified otherwise at the time approved, the variance will apply to the subject
property during the period of the mandatory water supply shortage condition and if approved
or conditionally approved, will apply from the date of approval only. Any previous violations
and/or subsequent penalties are final. The decision of the General Manager's Designee can be
appealed to the General Manager by written notice within seven (7) calendar days of the date of
the denied waiver. The General Manager shall act upon an appeal within thirty (30) calendar
days after receipt of the appeal with a Notice of Decision sent to the address requesting the
appeal. The decision of the General Manager shall be final in the case of an appeal for a waiver.
In the case of an appeal of a violation fine, should the District deny the customer relief, the
customer may appeal the denial of the protest by filing a Form SC 100 with the Small Claims
division of the Superior Court within 25 days of the District's decision to deny the protest.
Gov. Code, § 53069.4 (b)(1); Cal. Code of Civ. Pro., § 1013 (a).)
Request for Appeal of: Waiver Violation
Request Decision:
Approved-Conditionally Approved-Denied
Decision Reason:
Issued by: Kenneth R. Vecchiarelli, General Manager
Signature:
Date:
Yorba Linda
Water District
Ordinance 09-01 Violation Log Exhibit "K"
Name of Customer & Violation Observed Date & Time Door Hanger Employee Signature & Employee Number
Street Address where Left at In compliance with California Code of Civil procedure § 2015.5. in
Violation was observed Address of signing this declaration I do hereby declare under penalty of perjury that
Violation?the foregoing is true and correct
Customer Name:Watering between 9am & 6 pm
Water more than 15 minutes per Date:YES Date:
Customer Address:station per day
Excess Water Flow / Runoff Place:California
Washing down of hard surfaces
Watering when it is raining Signature
Other:Time:NO
Employee #
Customer Name:Watering between 9am & 6 pm
Water more than 15 minutes per Date:YES Date:
Customer Address:station per day
Excess Water Flow / Runoff Place:California
Washing down of hard surfaces
Watering when it is raining Signature
Other:Time:NO
Employee #
Customer Name:Watering between 9am & 6 pm
Water more than 15 minutes per Date:YES Date:
Customer Address:station per day
Excess Water Flow / Runoff Place:California
Washing down of hard surfaces
Watering when it is raining Signature
Other:Time:NO
Employee #
Customer Name:Watering between 9am & 6 pm
Water more than 15 minutes per Date:YES Date:
Customer Address:station per day
Excess Water Flow / Runoff Place:California
Washing down of hard surfaces
Watering when it is raining Signature
Other:Time:NO
M
Yorba Linda
Water District
Ordinance 09-01 Violation Log Exhibit "K"
Employee #
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 parry 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 Proof of Publication of
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
1/18/52, Case No. A-21046, that the notice, of
a
alp rift
0i
FWVOBUONa CO
ANOiON iANV
OF OROOROINANCINC -
nouMSTITYTINOyyATROONfBgVAT10N
which the annexed is a true printed copy, has been WATER iti MOWATERWA
ii PMOW TiRall AOAIgq
MORT4Oi
iuPfylV CONTIN06NCSao
published in each regular and entire issue of said NOTICE IS HEREBY GIVEN that an May 14 2009, Me Board
of Directors, of the Yorba lrnds Water 13firr t will hold a'
public learln9 &1 '0:30 p.m., or as soon thereafter ae practl.l
newspaper and not in any supplement thereof on oeble,at1717East MealamaAvenue. P.In ntoCA;1part,of the RegUler Meating of the Board. The6oattl will hoi lha~
the following dates,tOWlt:
publiclieannginaMa breceNaoral andwrlnentestIM9
regarding Ma prop ad adapddn of On inence No. 0941.
Written eamments ma be filed at anytime prior to conclui
slon of the public he8n9. Those deeming to orally comment.
may do so during the hearing. Written comments should be.
addressed to the attention of the Management Analyst at
May 7, 2009 the abovamenlloned address. Upon, conclusion o the
of proposed Otclk
non
hearing, 01 wNUh~wouldrInsWdiewater conservation!
measures, prohibition against water waste and Water Short,
egIcertify (or declare) under the penalty of perjury oslied contingencies,
pond. sh
llcopy of ethed in the
OMlneo
of the
h
ate pt7all
under the laws of the State of California that the aa°n pnofr toocheBova d° ariofficedwhich said
District nace
will besonsidered and will be evadable for review. The Dla-,
Ind'-offices are located at the abovevnardloned address.
foregoing is true and correct":Coplssofthe Ominanca are avallable by -ailingg the Execu-
tive secretary at 1714) 701-3021 or on the Dietriet'a webatte:.
Executed at Santa Ana, Orange County,
athttpAlwwwylw.coni
California, on Surantry of OrdtOa e
The OrdmenEO would set permanent water wrinnnabon
measures end prchibltlbnabapel3w r waste and define
lour water supply'shortage e~ape said provide fur-
Date: May 7, 2009 Merresmollons an watac p¢ .ld a Julon Me Ordinance
would allow for a hwdshlp.vdanciVat the Dinsrat"disc/a-.
lion agamat the approved restriction and for an appppeal'
process di the fines and
n
nalbsa esabciatetl with walaliona
wllnessa byy Olds personnel.
Publish: Orange County Register May 7, 2009 R-702
61SignatureTheOrangeCounty Register
625 N. Grand Ave.
Santa Ana, CA 92701
714) 796-7000 eat. 2209
PROOF OF PUBLICATION
AFFIDAVIT OF PUBLICATION PROOF 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 1/18/52, Case No. A-21046, that the
notice, of which the annexed is a true printed
copy, has been published in each regular and autnnnnrOPaoowreoonotnanceno.oa>o,
At its regular meeling on May 14 2009, the Bawd of Dimes,entire issue of said newspaper and not in any tors of the vorea Lindewater Visa adcpted an OrdinanceInsOtutingwaterconservationmeasures, prohibition against
supplement thereof on the followi water waste, and water shortage supply conlingencles. Thefollowingdates, to mcwdpd vote of the Board m as follows:
wit:Ayes: ohectomArmstrang. Beverage, Mills and5ummer0eld
Nose: None
Abstain: NoneMay21, 2009 Absent: Dimctw collett
A certified copy of the lull Ordinance No. 09.01 is posted intheofficeoftheDistrictalongwiththenormsdtthosedims-tam voting for and against the Ordinance: The Anthony'sIcertify (or declare) under the penalty of oROes era located at the foltowing address: 1717 EastMimlomaAvenue, Placentia CA 92870. The Ordinance canalsobeviewedorclwfoadedfromtheDistrict'swabaim at,perjury under the laws of the State of California www.ylwd.cam.
that the foregoing is true and correct":eMm•rn mo.am.nea
urges Ordinance
rplh konsp®ggeIng War Were aannddfinesetoourExecutedatSantaAna, Orange County,water Supply shonagm aYegas that would provide further ratstrictionsanwateruse, In addition, the Ordinance allows farCalifornia, on A hardship variance at the Dietrids disere8or, agalna he
1p penalties
ree0ictiane-and f}arw an Jinim„prgogosq tJ P llneaandpenaltiesaeeoClood, Mfr vlo olio"ne wifnafaed by Dhe
Date: May 21, 2009 Beat pemonnet.
I
Puolish: Orenga County Register May 21,2009 8.910
M
Stature
The Orange County Register
625 N. Grand Ave.
Santa Ana, CA 92701
714) 796-7000 ext. 2209
WATER CONSERVATION ORDINANCE
Printed on recycled paper
In response to the Governor’s statewide drought
declaration, Yorba Linda Water District has a
water conservation ordinance. The purpose of
the ordinance is to prevent the waste of District
water and to protect the health and safety of
water users within the Yorba Linda Water
District. The ordinance outlines permanent,
year-round water conservation measures
and prohibitions against water waste, as well
as a four part contingency plan which can be
implemented in stages upon the declaration of
water shortages. Violations of any provisions of
the ordinance that are observed by members of
the District staff will result in penalties that will
begin with a warning and follow with fines for
subsequent violations. Adhering to the terms of
the ordinance will not only allow you to avoid
fines, but you will be doing your part to help us
avoid extreme restrictions in a water shortage
that affects us all.
For more conservation info:
www.H2Oconserve.org
Information on water use efficiency and rebate:
www.BeWaterWise.com
Water saving opportunities in your home:
www.H2Ouse.org
Important phone numbers:
Customer Service: (714) 701-3000
Emergency: (714) 701-3000
For more information about the ordinance, please contact:
Phone: (714) 701-3024
Email: info@ylwd.com
If you would like to report a possible violation, please contact:
Phone: (714) 701-3029
Email: info@ylwd.com
Violations of any provisions of the ordinance
that are observed by members of the District
staff can result in fines that will be collected
on the water bill. This brochure is a summary
of the residential elements in the ordinance.
To read the full text of the ordinance, please
visit the Yorba Linda Water District website
at www.ylwd.com
DISTRICT CUSTOMERS
Thank you for helping to conserve water!
What’sGOING on?
Have questions about the ordinance?
Phone: (714) 701-3000 Email: info@ylwd.com
Watering of Lawns and Plants
• Watering is prohibited between the hours of
9:00 a.m. and 6:00 p.m. on any day except for
the express purpose of adjusting or repairing an
irrigation system*
• Watering is limited to 15 minutes per station
per day*
• Watering or irrigating of lawn, landscape or other
vegetated area is prohibited when it is currently
raining or there is a forecasted chance of rain of
50 percent or higher
Other Restrictions
• No excessive water flow or runoff that causes or
allows water to flow onto an adjoining sidewalk,
driveway, street, alley, gutter or ditch
• No washing down hard or paved surfaces except
when necessary to alleviate safety or sanitary
hazards
• No excessive use, loss or escape of water
through breaks, leaks or other malfunctions in
the water user’s plumbing or distribution system
• Re-circulating water required for water fountains
and decorative water features
• Washing vehicles limited to use of a hand-held
bucket or similar container and/or a hand-held
hose equipped with an automatic shut-off water
nozzle or device
The following Shortage Stages may be de-
clared to respond to local or regional water shortage
conditions and emergencies.
STAGE 1
• Watering: 3 days/week. Odd numbered addresses
can irrigate M-W-F, and even numbered addresses
on T-TH-SAT. No irrigation on Sundays.*
STAGE 2
• Apr.-Oct.: watering limited to 3 days/week. Odd
numbered addresses can irrigate M-W-F, and even
numbered addresses on T-TH-SAT. Nov.-Mar.:
watering limited to 2 days/week. Odd numbered
addresses - MON and FRI, and even numbered
addresses - TUES and SAT. No irrigation on
Sundays.
STAGE 3
• Apr.-Oct.: watering limited to 2 days/week (MON
and FRI, or TUES and SAT). Nov.-Mar.: watering
limited to 1 day/week, in which odd numbered
addresses are permitted to irrigate on Monday only
and even numbered addresses are permitted to
irrigate Saturday only*
• Re-filling of more than one-foot, and initial filling
of residential swimming pools or outdoor spas is
prohibited
STAGE 4
• No watering or irrigating of lawn, landscape or
other vegetated area with potable water. (For
exceptions to this restriction, see full text of
ordinance)
• Leaks must be corrected in no more than 1 day of
receiving notice from the District
• Upon declaration of a Stage 4 Water Supply
Shortage Emergency, no new water service will be
provided except to protect the public health, safety,
and welfare
Violations
Violations of any ordinance items must be personally
observed by members of the District staff. The fines
for such violations will be collected on the water
bill. Failure to pay a fine amount will be treated as
nonpayment of the water bill and water service may
be terminated as a result. Protests for violations are
allowable per Section 8 of the ordinance. The fines for
such violations are as follows:
• 1st Violation - YLWD will hand deliver a door hanger
to the location of the violation and mail a notice to the
current billing address
• 2nd Violation - A 2nd violation within 12 calendar
months of the 1st violation is punishable by a penalty
of $100
• 3rd Violation - A 3rd violation within 12 calendar
months of the 1st or 2nd violation is punishable by a
penalty of $250
• 4th and Subsequent Violations - A 4th and any
subsequent violation within 12 calendar months of the
1st or any subsequent violation is punishable by a fine
of $500
• In addition to any fines, the District may install a
water flow restrictor device
• In addition to any fines and the installation of a
water flow restrictor, the District may disconnect
a customer’s water service for willful violations of
mandatory restrictions
Hardship Variance
If, due to unique circumstances, a specific requirement of
the ordinance would result in undue hardship, a customer
may apply for a variance, according to section 6 of the
ordinance, at www.ylwd.com or the District Offices.
STAGE 1 Minimum water shortage
reduce usage by 10%
STAGE 2 Moderate water shortage
reduce usage by 10%-20%
STAGE 3 Severe water shortage reduce usage 20%-35%
STAGE 4 Critical water shortage
reduce usage more than 35%
Permanent, year-round stages
measures and prohibitions
against water waste
water conservation
water conservation
* Landscape irrigation systems that exclusively use very low-flow drip irrigation where no emitter produces more than 2 gallons of water per
hour, and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard are exempt from these restrictions.
ITEM NO. 12.5
AGENDA REPORT
Meeting Date: April 9, 2015
Subject:YLWD-MWDOC-OCWD Joint Agency Committee
(Collett / Melton)
· Minutes of the meeting held March 24, 2015 at 4:00 p.m.
· Next meeting is scheduled to be held May 26, 2015 at 4:00 p.m.
ATTACHMENTS:
Name:Description:Type:
032415_MWDOC_OCWD_-_Minutes.docx Minutes Minutes
1
MINUTES OF THE
YORBA LINDA WATER DISTRICT
JOINT AGENCY COMMITTEE MEETING WITH MWDOC AND OCWD
Tuesday, March 24, 2015, 4:00 p.m.
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
The March 24, 2015 meeting of the Yorba Linda Water District’s Joint Agency
Committee with MWDOC and OCWD was called to order at 4:00 p.m. The
meeting was held in the Admin Conference Room at the District’s Administration
Building located at 1717 East Miraloma Avenue in Placentia, California 92870.
2. ROLL CALL
YLWD COMMITTEE MEMBERS YLWD STAFF
Director Ric Collett Marc Marcantonio, General Manager
Director Gary Melton Steve Conklin, Engineering Manager
Damon Micalizzi, Public Information Mgr
John DeCriscio, Operations Manager
MWDOC COMMITTEE MEMBER MWDOC STAFF
Director Brett Barbre Rob Hunter, General Manager
OCWD COMMITTEE MEMBER OCWD STAFF
Director Roger Yoh Mike Markus, General Manager
3. PUBLIC COMMENTS
None.
4. DISCUSSION ITEMS
4.1. State Water Resources Control Board's Drought Response Mandate and
Projection for Greater Conservation
Director Barbre indicated that on March 17, 2015, the State Board
extended and expanded the emergency water conservation regulation and
will look to the water providers such as MWD to mandate further
restrictions at the local level.
4.2. MWDOC Member Agencies Response to Drought and Turf Replacement
Rebate Program
Director Barbre reported that water usage in January 2015 was slightly
below average compared to last year. OC water consumption in FY13/14
was up about 3½ percent from FY12/13, but was still below the long-term
average. He noted that although OC population has increased 20% over
the past two decades, water usage has not increased, on average. A
long-term decrease in per-capita water usage is attributed mostly to water-
use efficiency (water conservation) efforts. Higher temperatures, very low
2
precipitation and the improving economy are all pressuring towards
increased water use. Regarding the turf-replacement rebate program, it
continues to be popular and to grow.
4.3. MWD Water Supply Conditions and Outlook
Director Barbre reported that MWD has about 1.2 million AF of water in
storage, about half of which is held as emergency storage. MWD will
draw from storage as well as use water in its allocation from the SWP and
from the CRA, with maximum draw from the latter.
4.4. Projections for MWD Water Allocation
As reported at the March 19, 2015 MWDOC Agency Managers meeting
and further discussed by Director Barbre, a MWD allocation is expected in
the range of Level 2 to 4, which will be set by the MWD Board in mid-April.
MWDOC has distributed the latest version of its Water Supply Allocation
Plan model to its member agencies to review and model various
scenarios.
4.5. Status of MWDOC's OC Water Reliability Investigation
Mr. Hunter reported the investigation is moving forward as planned, with
data collection in progress. A draft report is expected in the fall.
4.6. OCWD Groundwater Basin Condition and Outlook for Basin Production
Percentage and Replenishment Assessment
Mr. Markus reported that the basin is estimated to be at 400,000 AF
overdraft. OCWD will be bringing the Phase 1 expansion of GWRS on
line by May 2015, which will result in a total production of approximately
100,000 AF per year of recycled water for direct injection and surface
recharge to the basin. In addition, OCWD plans to purchase up to 65,000
AF of MWD untreated full-service water for recharge in FY 15/16. In FY
15/16, the BPP will be reduced from 72% to 70% and the RA will increase
to an estimated $340/AF. Through these combined management efforts,
OCWD’s goal will be to prevent further overdraft of the basin.
4.7. Huntington Beach Desalination Project and Next Steps
Mr. Markus reported that the draft Term Sheet between Poseidon and
OCWD has been distributed to the groundwater producers and the public
for review and consideration. The Citizens Advisory Committee has been
formed and meeting dates established to review and discuss the draft
term sheet and the proposed project. The OCWD Board is scheduled to
meet on April 30, 2015 to further consider the term sheet, input of the
CAC, and other issues relative to proceeding with next steps for the
project.
4.8. Potential Projects for the Water Bond and Outlook for Bay Delta
Conservation Plan
Mr. Markus reported that OCWD is pursuing opportunities for funding
under the water bond for final expansion of GWRS, cleanup of the North
3
and South basins, and other projects. MWDOC will be looking for
opportunities as well. There was no new information on the status of the
BDCP.
4.9. YLWD Well Projects and Proposal for Dual-Use
Mr. Conklin reported that CEQA is being finalized and design plans are at
the 90% completion level for the Well 21 Equipping Project, which will
include a metered turn-out in the discharge pipeline for OCWD for water
for landscape irrigation and other uses. That project will go out to bid this
summer, with completion expected in Fall 2016. Regarding proposed Well
22, which would be at the south end of Fee Ana Street, adjacent to
OCWD’s Huckleberry Basin, YLWD is completing preliminary
investigations regarding the well site layout and requirements by the City
of Anaheim. YLWD staff will plan to meet shortly with OCWD staff to
discuss the proposed well site layout and discuss the elements of a lease
agreement for the project.
4.10. Future Agenda Items
None.
5. ADJOURNMENT
5.1. The meeting was adjourned at 5:15 p.m. The next
YLWD/MWDOC/OCWD Joint Agency Committee meeting is scheduled to
be held Tuesday, May 26, 2015 at 4:00 p.m.
SC
ITEM NO. 13.2
AGENDA REPORT
Meeting Date: April 9, 2015
Subject:OCSD - March 25, 2015 (Kiley/Beverage)
SUMMARY:
Minutes from the meeting held February 25, 2015 are attached for your review.
ATTACHMENTS:
Name:Description:Type:
OCSD_022515_Minutes.pdf Minutes Minutes
02/25/2015
Orange County Sanitation District
MINUTES
BOARD MEETING
February 25, 2015
Administration Building
10844 Ellis Avenue
Fountain Valley, California 92708-7018
Minutes of Board Meeting Page 1 of 10
ROLL CALL
A regular meeting of the Board of Directors of the Orange County Sanitation District was
held on February 25, 2015, at 6:01 p.m., in the Administration Building. Director
Mariellen Yarc delivered the invocation and led the Pledge of Allegiance.
The Acting Clerk of the Board declared a quorum present as follows:
ACTIVE DIRECTORS ALTERNATE DIRECTORS
x Tom Beamish, Chair Rose Espinoza
x John Nielsen, Vice-Chair Allan Bernstein
A Lisa Bartlett Michelle Steel
David Benavides x Sal Tinajero
x Steven Choi Lynn Schott
x Keith Curry Scott Peotter
Ellery Deaton x Sandra Massa-Lavitt
A Tyler Diep Joy Neugebauer
x James M. Ferryman Bob Ooten
x Steven Jones Kris Beard
Jim Katapodis x Erik Peterson
x Robert Kiley Michael Beverage
x Peter Kim Michele Steggell
x Lucille Kring Jordan Brandman
x Greg Mills Robert Collacott
x Richard Murphy Shelley Hasselbrink
x Steve Nagel Michael Vo
A Glenn Parker Cecilia Hupp
x Gregory Sebourn Jan Flory
x David Shawver Carol Warren
x Fred Smith Steve Berry
x Teresa Smith Mark Murphy
x Chad Wanke Constance Underhill
x John Withers Douglas Reinhart
x Mariellen Yarc Stacy Berry
STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Bob Ghirelli, Assistant
General Manager; Rob Thompson, Director of Engineering; Lorenzo Tyner, Director of
Finance & Administrative Services; Ed Torres, Director of Operations & Maintenance;
Nick Arhontes, Director of Facility Support Services; Kelly Lore, Acting Clerk of the
Board; Jim Colston; Norbert Gaia; Al Garcia; Stephanie Good; Elvia Harvey; Andrew
Nau; Kelly Newell; and Paula Zeller.
02/25/2015 Minutes of Board Meeting Page 2of10
OTHERS PRESENT: Brad Hagin (General Counsel); Michael Beverage (Alternate
Director, YLWD); Dan Bunce (Brown and Caldwell); Robert Collacott (Alternate Director,
City of Villa Park); Steve Filarsky (Consultant); and Robert Ooten (Alternate Director,
CMSD)
PUBLIC COMMENTS:
None.
SPECIAL PRESENTATIONS:
Director of Facility Support Services, Nick Arhontes, presented a 25 year Service Award
to Mark Esquer, Division 330, Engineering Manager.
Director T. Smith arrived at 6:10 p.m.
Director of Engineering, Rob Thompson, presented a 25 year Service Award to Vladimir
Kogan, Division 790, Senior Scientist.
REPORTS:
Chair Beamish announced the date of March 12, for the second Board Orientation;
Nerissa Director Tour dates of March 17 & March 19; and notified the Board that
requests for support letters for the WaterSmart Grant will be sent to the member
agencies on February 26.
General Manager, Jim Herberg, provided a brief report from his Monthly Update, which
included: Community outreach efforts: 14 plant tours, participation in the Garden Grove
let Festival, Science Night at Sunny Hills High School tours for Assembly Member Ling
Ling Chang and Assembly Member Matt Harper, and an upcoming tour for Assembly
Member Young Kim on March 6; Annual Honor Walk nominations which are due March
16; and the sale of excess air omission credits.
1. Received and filed Minute Excerpts of member agencies relating to appointments
to the Orange County Sanitation District Board, as follows:
City I Agency
Buena Park
Fullerton
QC Board of Supervisors
CONSENT CALENDAR:
Active Director
Fred Smith
Greg Sebourn
Lisa Bartlett
Alternate Director
Steve Berry
Doug Chaffee
Michelle Steel
2. MOVED, SECONDED, AND DULY CARRIED TO: Approve minutes for the
Regular Board Meeting held on January 28, 2015.
02/25/2015 Minutes of Board Meeting Page 3of10
AYES: Beamish; Choi; Curry; Ferryman; Jones; Kiley; Kim; Kring;
Mills; R. Murphy; Nagel; Nielsen; Sebourn; Shawver;
F. Smith; Tinajero; Wanke; Withers; and Yarc
NOES: None
ABSTENTIONS: Massa-Lavitt (Alternate); Peterson (Alternate) and T. Smith
ABSENT: Bartlett; Diep and Parker
OPERATIONS COMMITTEE:
3. MOVED, SECONDED, AND DULY CARRIED TO: Approve minutes of the
February 4, 2015 meeting of the Operations Committee.
AYES: Choi; Curry; Ferryman; Jones; Kiley; Kim; Kring; Massa-
Lavitt (Alternate); Mills; R. Murphy; Nagel; Nielsen; Sebourn;
Shawver; F. Smith; T. Smith; Tinajero; Wanke; Withers; and
Yarc
NOES: None
ABSTENTIONS: Beamish; and Peterson (Alternate)
ABSENT: Bartlett; Diep and Parker
4. MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Professional Design Services Agreement with Brown &
Caldwell to provide engineering design services for the Ocean Outfall
System, Project No. J-117, for an amount not to exceed $6,778,015; and
B. Approve a contingency of $677,801 (10%).
AYES: Beamish; Choi; Curry; Ferryman; Jones; Kiley; Kim; Kring;
Massa-Lavitt (Alternate) Mills; R. Murphy; Nagel; Nielsen;
Peterson (Alternate); Sebourn; Shawver; F. Smith; T. Smith;
Tinajero; Wanke; Withers; and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Bartlett; Diep and Parker
02/25/2015 Minutes of Board Meeting Page 4of10
ADMINISTRATION COMMITTEE:
5. MOVED, SECONDED, AND DULY CARRIED TO: Approve minutes of the
February 11, 2015 meeting of the Administration Committee.
AYES: Beamish; Choi; Curry; Ferryman; Jones; Kiley; Kim; Kring;
Massa-Lavitt (Alternate) Mills; R. Murphy; Nagel; Nielsen;
Sebourn; Shawver; F. Smith; Tinajero; Wanke; Withers; and
Yarc
NOES: None
ABSTENTIONS: Peterson (Alternate) and T. Smith
ABSENT: Bartlett; Diep and Parker
6. MOVED, SECONDED, AND DULY CARRIED TO: Receive and file Orange
County Sanitation District Second Quarter Financial Report for the period ended
December 31, 2014.
AYES: Beamish; Choi; Curry; Ferryman; Jones; Kiley; Kring;
Massa-Lavitt (Alternate); Mills; R. Murphy; Nagel; Nielsen;
Peterson (Alternate); Sebourn; Shawver; F. Smith; Tinajero;
Wanke; Withers; and Yarc
NOES: None
ABSTENTIONS: Kim and T. Smith
ABSENT: Bartlett; Diep and Parker
7. MOVED, SECONDED, AND DULY CARRIED TO: Approve the FY 2015-16
budget assumptions and direct staff to incorporate these parameters in preparing
the FY 2015-16 budget update.
AYES: Beamish; Choi; Curry; Ferryman; Jones; Kiley; Kim; Kring;
Massa-Lavitt (Alternate) Mills; R. Murphy; Nagel; Nielsen;
Peterson; Sebourn; Shawver; F. Smith; Tinajero; Wanke;
Withers; and Yarc
NOES: None
ABSTENTIONS: T. Smith
ABSENT: Bartlett; Diep and Parker
02/25/2015 Minutes of Board Meeting Page 5of10
STEERING COMMITTEE:
Chair Beamish pulled Items 10 & 11 to be heard separately with roll call vote.
8. MOVED, SECONDED, AND DULY CARRIED TO: Approve minutes for the
Steering Committee Meeting held on January 28, 2015.
AYES: Beamish; Choi; Curry; Ferryman; Jones; Kiley; Kim; Kring;
Massa-Lavitt (Alternate) Mills; R. Murphy; Nagel; Nielsen;
Sebourn; Shawver; F. Smith; T. Smith; Tinajero; Wanke;
Withers; and Yarc
NOES: None
ABSTENTIONS: Peterson (Alternate)
ABSENT: Bartlett; Diep and Parker
9. MOVED, SECONDED, AND DULY CARRIED TO: Approve and authorize the
execution of the compensation agreement with the City of Garden Grove and
other taxing entities within the meaning of Health and Safety Code Section
341 BO(f), as required by the California Department of Finance.
AYES: Beamish; Choi; Curry; Ferryman; Kiley; Kim; Kring; Massa-
Lavitt (Alternate) Mills; R. Murphy; Nagel; Nielsen; Peterson
(Alternate); Sebourn; Shawver; F. Smith; T. Smith; Tinajero;
Wanke; Withers; and Yarc
NOES: None
ABSTENTIONS: Jones
ABSENT: Bartlett; Diep and Parker
10. Consultant Steve Filarsky introduced Item No. 10 and stated that the MOU's
presented for approval were prepared as directed by the Board of Directors.
MOVED, SECONDED, AND DULY CARRIED TO:
A. Adopt Resolution No. OCSD 15-04 entitled, "A Resolution of the Board of
Directors of the Orange County Sanitation District approving the
Memoranda of Understanding between the Orange County Sanitation
District and the Orange County Employees Association (OCEA), for Fiscal
Years 2014/2015 & 2015/2016."
02/25/2015 Minutes of Board Meeting Page 6of10
B. Direct staff to finalize and sign the Memoranda of Understanding (MOUs)
between Orange County Sanitation District and the three (3) OCEA
bargaining units.
Acting Clerk of the Board conducted a roll call vote as follows:
AYES: Beamish; Choi; Curry; Ferryman; Jones; Kiley; Kring;
R. Murphy; Nagel; Nielsen; Peterson (Alternate); Sebourn;
Shawver; F. Smith; Tinajero; Wanke; Withers; and Yarc
NOES: Kim; Mills; and T. Smith
ABSTENTIONS: Massa-Lavitt (Alternate)
ABSENT: Bartlett; Diep and Parker
11. General Manager, Jim Herberg, introduced Item No. 11. Mr. Herberg explained
the status of the following unrepresented employees, and the process for
providing these employees with the same proposal (terms) as to those
employees in Agenda Item No. 10.
MOVED, SECONDED, AND DULY CARRIED TO:
Adopt Resolution No. OCSD 15-05, entitled, "A Resolution of the Board of
Directors of the Orange County Sanitation District approving Salary and Benefit
Adjustments for Unrepresented Non-exempt Confidential Employees for Fiscal
Years 2014/2015 & 2015/2016."
Acting Clerk of the Board conducted a roll call vote as follows:
AYES: Beamish; Choi; Curry; Ferryman; Jones; Kiley; Kring;
R. Murphy; Nagel; Nielsen; Peterson (Alternate); Sebourn;
Shawver; F. Smith; Tinajero; Wanke; Withers; and Yarc
NOES: Kim; Mills; and T. Smith
ABSTENTIONS: Massa-Lavitt (Alternate)
ABSENT: Bartlett; Diep and Parker
02/25/2015 Minutes of Board Meeting Page 7of10
12. MOVED, SECONDED, AND DULY CARRIED TO: Adopt Resolution No. OCSD
15-06, entitled, A Resolution of the Board of Directors of the Orange County
Sanitation District Adopting a Revised Policy Regarding Board of Directors'
Expense Reimbursement and Meeting Attendance and Compensation and
Repealing Resolution No. OCSD 14-04.
AYES: Beamish; Choi; Curry; Ferryman; Jones; Kiley; Kim; Kring;
Massa-Lavitt (Alternate) Mills; R. Murphy; Nagel; Nielsen;
Peterson (Alternate); Sebourn; Shawver; F. Smith; T. Smith;
Tinajero; Wanke; Withers; and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Bartlett; Diep and Parker
LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE:
13. MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the minutes
of the February 9, 2015 meeting of the Legislative and Public Affairs Committee.
AYES: Choi; Curry; Ferryman; Jones; Kiley; Kim; Kring; Massa-
Lavitt (Alternate) Mills; R. Murphy; Nagel; Nielsen; Peterson
(Alternate); Sebourn; Shawver; F. Smith; T. Smith; Tinajero;
Wanke; Withers; and Yarc
NOES: None
ABSTENTIONS: Beamish
ABSENT: Bartlett; Diep and Parker
NON-CONSENT:
14. Director of Engineering, Rob Thompson introduced the item and provided a brief
report.
MOVED, SECONDED, AND DULY CARRIED TO:
A. Consider, receive, and file the Initial Study/Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program for the MacArthur Pump
Station Rehabilitation, Project No. 7-63, prepared by JACOBS; and
02/25/2015 Minutes of Board Meeting Page 8of10
B. Adopt Resolution No. OCSD 15-07 entitled, "A Resolution of the Board of
Directors of the Orange County Sanitation District adopting the Mitigated
Negative Declaration for the MacArthur Pump Station Rehabilitation
Project No. 7-63; Adopting a Mitigation Monitoring and Reporting
Program; an approving the MacArthur Pump Station Rehabilitation Project
No. 7-63."
AYES: Beamish; Choi; Curry; Ferryman; Jones; Kiley; Kim; Kring;
Massa-Lavitt (Alternate) Mills; R. Murphy; Nagel; Nielsen;
Peterson (Alternate); Sebourn; Shawver; F. Smith; T. Smith;
Tinajero; Wanke; Withers; and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Bartlett; Diep and Parker
AB1234 REPORTS:
Director Ferryman reported on the following from the respective committees he is a
member of:
• OCCOG, did not meet in February, next meeting is March 26.
• Borders Committee, next meeting is February 27.
• NWRI, met February 24 -EPA here to participate in roundtable. A workshop
was held February 25 regarding drought response.
• Director Ferryman also announced that the Santa Clara Valley Water District is
sponsoring an upcoming reverse osmosis concentrated management alternative
workshop.
INFORMATION ITEMS:
Chair Beamish welcomed newly appointed Director Sal Tinajero from the City of Santa
Ana.
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE
SECTIONS: 54956.9(d)(1); 54956.9(d)(4) and 54957.6
The Board convened in closed session at 6:41 p.m. to discuss three items. Confidential
minutes of the Closed Session have been prepared in accordance with the above
Government Code Sections and are maintained by the Clerk of the Board in the Official
Book of Confidential Minutes of Board and Committee Closed Meetings.
RECONVENED IN REGULAR SESSION: The Board reconvened in regular session at
6:49 p.m.
02/25/2015 Minutes of Board Meeting Page 9of10
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Brad Hagin announced that the Board of Directors unanimously
approved the District's participation in the lawsuit "City of Los Angeles v. County of
Kern'', Case No. S-1500-CV-284100-KCT.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
None .
ADJOURNMENT:
The Chair adjourned the meeting at 6:50 p .m. until the Regular Board Meeting on March
25, 2015 at 6:00 p.m.
02/25/2015 Minutes of Board Meeting Page 10of10
ITEM NO. 14.1
AGENDA REPORT
Meeting Date: April 9, 2015
Subject:Meetings from April 10, 2015 - May 31, 2015
ATTACHMENTS:
Name:Description:Type:
BOD_-_Activities_Calendar.pdf Backup Material Backup Material
Event Date Attendance by:
April 2015
WACOFri, Apr 10Hawkins/Kiley
Exec-Admin-Organizational Committee MeetingMon, Apr 13Collett/Beverage
Board of Directors Special MeetingTue, Apr 14
MWDOCWed, Apr 15Melton
OCWDWed, Apr 15Kiley
Yorba Linda Planning CommissionWed, Apr 15Melton
NOCLA Elected Officials ReceptionThu, Apr 16Kiley
Yorba Linda City CouncilTue, Apr 21Collett
OCSDWed, Apr 22Kiley/Beverage
Board of Directors Regular MeetingThu, Apr 23
Yorba Linda LMCACThu, Apr 23Beverage (As Needed)
SCWC Quarterly LuncheonFri, Apr 24Kiley
Citizens Advisory Committee MeetingMon, Apr 27Collett
Joint Committee Meeting with City of Yorba LindaTue, Apr 28Collett/Beverage
YL Chamber Appreciation BreakfastWed, Apr 29Collett/Kiley/Melton
MWDOC Elected Officials ForumWed, Apr 29Collett/Hawkins/Kiley
Yorba Linda Planning CommissionWed, Apr 29Hawkins
Board of Directors Workshop MeetingThu, Apr 30
ISDOCThu, Apr 30Hawkins/Kiley
May 2015
WACOFri, May 1Hawkins/Kiley
Water Reuse & Desalination Research ConferenceMon, May 4Kiley
Water Reuse & Desalination Research ConferenceTue, May 5Kiley
Yorba Linda City CouncilTue, May 5Beverage
MWDOCWed, May 6Melton
OCSD Operations CommitteeWed, May 6Kiley/Beverage
OCWDWed, May 6Collett
Exec-Admin-Organizational Committee MeetingMon, May 11Collett/Beverage
LAFCOWed, May 13Beverage (As Needed)
Yorba Linda Planning CommissionWed, May 13Melton
Board of Directors Regular MeetingThu, May 14
Yorba Linda LMCACThu, May 14Beverage (As Needed)
OC Water SummitFri, May 15
Tour of Mesa Water District FacilityMon, May 18
Yorba Linda City CouncilTue, May 19Collett
MWDOCWed, May 20Melton
Employee PicnicWed, May 20
OCWDWed, May 20Kiley
District Offices ClosedMon, May 25
Citizens Advisory Committee MeetingMon, May 25Collett
Joint Committee Meeting with MWDOC and OCWDTue, May 26Collett/Melton
Yorba Linda Planning CommissionWed, May 27Hawkins
OCSDWed, May 27Kiley/Beverage
Board of Directors Regular MeetingThu, May 28
Yorba Linda LMCACThu, May 28Beverage (As Needed)
6:30PM
8:30AM
6:30PM
12:00PM
5:30PM
7:00AM
8:30AM
4:00PM
6:30PM
8:30AM
6:30PM
7:30AM
11:00AM
6:30PM
8:30AM
5:30PM
4:00PM
8:30AM
6:30PM
6:30PM
8:30AM
5:00PM
7:30AM
7:45AM
7:45AM
10:00AM
7:30AM
6:00PM
6:30PM
8:30AM
11:30AM
6:30PM
6:30PM
8:30AM
6:30PM
12:00PM
8:30AM
4:00PM
1:00PM
8:30AM
5:30PM
6:30PM
6:00PM
Board of Directors Activity Calendar
Time
7:30AM
4/2/2015 4:39:50 PM
ITEM NO. 15.1
AGENDA REPORT
Meeting Date: April 9, 2015
Subject:NOCLA Monthly Meeting - April 1, 2015
NOCLA Elected Officials Reception - April 16, 2015
SCWC Quarterly Luncheon - April 24, 2015
YL Chamber of Commerce Appreciation Breakfast - April 29, 2015
Water Reuse and Desalination Research Conference - May 4-5, 2015
STAFF RECOMMENDATION:
That the Board of Directors authorize and/or ratify Director attendance at these events if desired.
ATTACHMENTS:
Name:Description:Type:
NOCLA_Mtg.pdf Backup Material Backup Material
NOCLA_Reception.pdf Backup Material Backup Material
SCWC_Lunch.pdf Backup Material Backup Material
YL_COC_Breakfast.pdf Backup Material Backup Material
Water_Reuse_Conf.pdf Backup Material Backup Material
Approved by the Board of Directors of the
Yorba Linda Water District
4/9/2015
MB/RK 4-0-0-1
PH was absent.
NOCLA Meeting on Wednesday, April 1
The North Orange County Legislative Alliance will be meeting Wednesday, April 1 @
7:30 am at the Brea Civic Center located at 1 Civic Center Drive, Brea.
This month's NOCLA meeting will feature a presentation from Fire Chief Wolfgang
Knabe, who will be presenting on the efficiencies and inefficiencies of local
governments.
The program will also include reports from our legislative representatives and chamber
advocates from Brea, Fullerton, La Habra, Placentia and Yorba Linda. All Chamber
members are invited to attend at no cost.
Refreshments are sponsored by Southern California Edison.
RECEIVED
NORTH APR 2 2015
RANGE COUNTY YORBA LINDAWATER DISTRICT
legislative a lliance
The North Orange County Legislative Alliance
Consists of five Chambers of Commerce -
Brea, Fullerton, La Habra, Placentia and Yorba Linda
You are Invited to attend the Alliance's annual Elected Officials Reception
Thursday,April 16, 2015
6:00 p.m. -8:00 p.m.
At the
Summit House Restaurant
2000 E. Bastanchury Road, Fullerton
Please RSVP to the Yorba Linda Chamber at(714) 993-9537 or email
infoRyorbalindachamber.com no later than rrway,Aprn ,t:, zu7o.
NO CHARGE for NOCLA Reception
Presented in partnership by the five NOCLA Chambers
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Visit SCWC Online
www.socalwater.org | @SoCalWaterComm | www.facebook.com/socalwater
SCWC
Quarterly
Luncheon
SAVE
THE
DATE
@Lawn_Dude
RSVP
Today
Friday, April 24, 2015
12:00pm – 2:00pm
LOCATION a The Bell Tower Regional Community Center
22232 El Paseo, Rancho Santa Margarita, CA 92688
KEYNOTE SPEAKER a To Be Announced Soon
TICKETS a $70/per person
*No cancellations allowed within 72 hours of purchase
RSVP ONLINE a Under SCWC’s Events & Calendar section at:
www.socalwater.org/events-and-calendar/event-registration
QUESTIONS a Contact Amber Pipa at apipa@socalwater.org.
SPONSORSHIP OPPORTUNITIES AVAILABLE
Contact Amber Pipa for more information at apipa@socalwater.org | 818.760.2121
SPONSORED BY a Hear from regional leaders
on conservation and
drought response measures
for the
POLICE, FIREFIGHTER AND EMERGENCY SERVICES
Wednesday, April 29, 2015 – 7:30 am
Black Gold Golf Club
The Yorba Linda Chamber will be hosting an Appreciation Breakfast for the Police, Firefighters
and Emergency Service men and women who serve and protect our community.
Wednesday, April 29, 2015. Networking @ 7:15 am; Breakfast starts at 7:30 am.
We would like to invite you to attend and be a sponsor to show your appreciation as we
recognize and thank these men and women for keeping our community safe.
____ Sponsor a Table: $200. For a Table of Ten
____ Sponsor a Police, Firefighter or Emergency Service Member @ $20.
How many?____
_____ Breakfast Ticket Admission: $20.00 per person
Name ________________________________________________
Company______________________________________________
Phone # ______________________________________________
Email Address: ________________________________________
Total Payment: __________________ Check ______ Cash ______
Credit Card: Visa ______ MC ______
Credit Card # __________________________________________
Expiration date ______________ 3 digit on back of card: __________
Please pay before event. We are charged for the number of reservations we call in.
You may call the Chamber Accounting Office to make payment (714) 993-9537.
(Payment at the door - $25.00)
Yorba Linda Chamber of Commerce, 17670 Yorba Linda Blvd., Yorba Linda, CA 92886
YORBA LINDA CHAMBER OF COMMERCE
19th Annual Water Reuse & Desalination
Research Conference
19TH ANNUAL WATER REUSE & DESALINATION RESEARCH CONFERENCE
The Waterfront Beach Resort, A Hilton Hotel
Huntington Beach, CA
May 4-5, 2015
The latest research on developing alternative water supplies will be presented at the 19th Annual
Water Reuse & Desalination Research Conference in Huntington Beach, CA on May 4-5, 2015.
The program includes two tracks featuring presentations, posters, and panel discussions
highlighting the ongoing results of research to find solutions that address water scarcity issues,
while protecting public health and the environment.
One complete track over the two day event will be devoted to potable reuse research, including
operations, treatment, water quality, and novel technologies. Other topics to be covered include
• Desalination and concentrate management
• Disinfection byproducts
• Innovative treatment technologies
• Low energy treatment schemes
• Pathogens and disinfection
• Reuse planning and case studies
The early-bird registration deadline is March 20, 2015.
Registration
Conference Program
Conference Agenda | Monday, May 4 1
19th Annual Water Reuse & Desalination Research Conference
Monday, May 4, 2015
7:45 a.m. –
3:00 p.m. Registration Open
7:45 a.m. –
8:30 a.m. Continental Breakfast
8:30 a.m. –
9:45 a.m.
Opening Session
Moderator: Doug Owen, ARCADIS
Keynote: Frances Spivy-Weber, Vice Chair, State Water Resources Control Board
Chris Impellitteri, EPA; Chris Rayburn, WRF
9:45 a.m. –
10:15 a.m.
Networking Break
9:45 a.m. –
10:15 a.m. Poster Presentations
A1
Ensuring the Safety of
Direct Potable Reuse
Moderator: Andy Salveson, Carollo
Engineers
B1
Innovative
Treatment Technologies
Moderator: Larry Schimmoller, CH2M Hill
10:15 a.m. –
10:45 a.m.
Achieving Reliability in Potable
Reuse through Enhanced
Treatment and Monitoring
Brian Pecson, Trussell
Technologies
Pilot Scale Operation Does not Always
Reflect Full Scale Implementation
Diane Gatza, West Basin Municipal
Water District
10:45 a.m. –
11:15 a.m.
From Groundwater Recharge to
Surface Water Augmentation, and
Direct Potable Reuse in California
Brian Bernados, California State
Water Resources Control Board
Treatment Options for Water Reuse in the
Food Industry: A Bench-Scale Study of
Leafy-Green Washwater
ShihChi Weng, Johns Hopkins University
11:15 a.m. –
11:45 a.m.
Quantitative Relative Risk Assessments
for Direct Potable Reuse
Margie Nellor, Nellor Environmental
Associates, Inc.
Pilot Test of Nanofiltration Membranes for
a Novel Approach to Water Reclamation
Robert McCandless, Brown and Caldwell
11:45 a.m. –
12:15 p.m.
What Monitoring Tools do we Need
to Ensure the Safety of Direct
Potable Reuse?
Allegra da Silva, CDM Smith
Integrated UV Oxidation and Ceramic
Membrane Treatment for Challenging
Waters
Josh Alvey, University of Alaska,
Conference Agenda | Monday, May 4 2
Monday, May 4, 2015
Anchorage
12:15 p.m. –
1:15 p.m. Awards Luncheon and Subscriber Meeting
A2
DPR Operations
and Water Quality
Moderator: Mehul Patel, Orange County
Water District
B2
Reuse Planning
and Case Studies
Moderator: Zach Gallagher, Natural
Systems Utilities
1:15 p.m. –
1:45 p.m.
Readying Operations for Direct Potable
Reuse
Troy Walker, Hazen and Sawyer
Achieve Increased Production Reliability
and Production Capacity by up Rating the
Recycled Water Filtration
Jessica Zadeh, South Bay Water
Recycling and Gordon Williams, Trussell
Technologies
1:45 p.m. –
2:15 p.m.
Real-time and Online Integrity
Monitoring of Reverse Osmosis
Membranes for Direct Potable Reuse
Applications
Joe Jacangelo, MWH
Pilot Testing El Paso's Advanced Purified
Water Treatment Plant
Caroline Russell, ARCADIS
2:15 p.m. –
2:45 p.m.
Evaluation of Source Water Control
Options and the Impact of Selected
Strategies on Direct Potable Reuse
Alan Rimer, Black & Veatch
Evolution of Reuse Planning in the City of
Riverside
Steve Friedman, HDR
2:45 p.m. –
3:15 p.m.
Odorous Compounds: A Potential Barrier
to Potable Reuse?
Florence Bonvin, University of
California, Berkeley
Expanding Tucson's Recycled Water
Program from a Foundation of Past Success
Corin Marron, ARCADIS and Jeff Biggs,
City of Tucson Water Department
3:15 p.m. –
3:45 p.m. Networking Break
3:15 p.m. –
3:45 p.m. Poster Presentations
Conference Agenda | Monday, May 4 3
Monday, May 4, 2015
A3
Panel Discussion:
Critical Control Points
for Potable Reuse
Moderator: Jim Crook, Environmental
Consultant
B3
Low Energy
Treatment Schemes
Moderator: Eric Owens, West Basin
Municipal Water District
3:45 p.m. –
4:15 p.m.
Troy Walker, Hazen and Sawyer
Dave MacNevin, Tetra Tech
Mehul Patel, Orange County Water District
Andrew Salveson, Carollo Engineers
Roshanak Aflaki, City of Los Angeles
Department of Public Works
Development and Testing of a Novel Low-
Energy Wastewater Treatment Process for
Producing High-Quality Product Water
Robert Zellers, University of Nevada,
Reno
4:15 p.m. –
4:45 p.m.
Impacts of NPXpress Process on Energy,
Nitrous Oxide Emissions, and Microbial
Ecology in Wastewater Treatment Plants
Yunjie Tu, American Water
4:45 p.m. –
5:15 p.m.
Emerging Technologies, Energy Use, and
Approaches for Advanced Oxidation and
Disinfection
Nicola Fontaine, Carollo Engineers
5:30 p.m. –
7:00 p.m. Welcome Reception
Conference Agenda | Tuesday, May 5 4
Tuesday, May 5, 2015
7:45 a.m. –
2:30 p.m.
Registration Open
7:45 a.m. –
8:30 a.m.
Continental Breakfast
A4
Treatment for
Indirect Potable Reuse
Moderator: Tom Richardson, RMC
Water and Environment
B4
Disinfection
Byproducts
Moderator: Ben Stanford, Hazen and Sawyer
8:30 a.m. –
9:00 a.m.
Comparison of Two Disinfection
Strategies Prior to Soil Aquifer
Treatment for Potable Reuse
Reymundo Trejo, Upper San Gabriel
Valley Municipal Water District and
Shane Trussell, Trussell Technologies
Chlorinated and Brominated Disinfection
Byproducts of Selected Pharmaceuticals and
Personal Care Products in Secondary and
Tertiary Treated Wastewaters from
Southern California
Eric Nelson, Sanitation Districts of Los
Angeles County
9:00 a.m. –
9:30 a.m.
A Full-Scale Demonstration Study
Comparing UV/Chlorine and UV/H2O2
for the Treatment of 1,4-Dioxane in
Potable Reuse
Alan Royce, Trojan Technologies
Rejection of N-nitrosamines and their
Precursors during Reverse Osmosis
Membrane Treatment in Water
Reclamation Plants
Haruka Takeuchi, Kyoto University
9:30 a.m. –
10:00 a.m.
Treatment Sustainability as a Tool in
Water Reuse Treatment Train
Configuration
Keel Robinson, Xylem
Predicting DBP Formation Using
Hybrid QM/MM Computational
Methods
Harry Ridgway, AquaMem Scientific
Consultants
10:00 a.m. –
10:30 a.m. Networking Break
10:00 a.m. –
10:30 a.m. Poster Presentations
Conference Agenda | Tuesday, May 5 5
Tuesday, May 5, 2015
A5
Novel Technologies
for Potable Reuse
Moderator: Shane Trussell, Trussell
Technologies
B5
Pathogens and
Disinfection
Moderator: Joe Jacangelo, MWH
10:30 a.m. –
11:00 a.m.
Removing Trace Organic Contaminants
Using Biofiltration in Potable Reuse
Systems
Marco Velarde, Southern Nevada
Water Authority
Lessons Learned from UV System
Performance Audits for Reuse Applications
Traci Brooks, Carollo Engineers
11:00 a.m. –
11:30 a.m.
Role of Chlorine Radical Species in
Advanced Oxidation Process Treatment
of Wastewaters for Direct or Indirect
Potable Reuse
Stephen Mezyk, California State
University at Long Beach
Occurrence of Legionella in Reclaimed
Water
Mark LeChevallier, American Water
11:30 a.m. –
12:00 p.m.
Forward Osmosis Membrane
Bioreactor Performance for
Wastewater Treatment Applications
Ally Freitas, University of Nevada,
Reno
Next Generation Sequencing Reveals
Potential Surrogates for Performance
Monitoring of Graywater Recycling Systems
Brian Zimmerman, U.S. Environmental
Protection Agency
12:00 p.m. –
12:30 p.m.
Peroxone Mineralization of Non-
Biodegradable Organics for Direct
Potable Water Reuse
Tingting Wu, University of Alabama,
Huntsville
Disinfection and Regrowth of Model
Pathogens in a Graywater Reuse Treatment
System
Susan De Long, Colorado State
University
12:30 p.m. –
1:30 p.m.
Luncheon Presentation – Update Since DPR: A Path Forward
George Tchobanoglous, University of California, Davis
Conference Agenda | Tuesday, May 5 6
Tuesday, May 5, 2015
A6
Development of a
Framework for Direct
Potable Reuse Guidelines
Results of the NWRI/WateReuse
Association Expert Panel
B6
Desalination
Technologies and
Concentrate Management
Moderator: Saied Delagah, USBR
1:30 p.m. –
2:00 p.m.
Jeff Mosher, National Water Research
Institute
Justin Mattingly, WateReuse Research
Foundation
George Tchobanoglous, University of
California, Davis
Andrew Salveson, Carollo Engineers
Jim Crook, Consultant
Shane Trussell, Trussell Technologies
Joe Cotruvo, Joseph Cotruvo & Associates
Ellen McDonald, Alan Plummer
Associates
Application of Electrodialysis for By-
Products Recovery from Saline Brine to
Balance Costs of Zero Discharge
Elisabeth Vaudevire, PWN Technologies
2:00 p.m. –
2:30 p.m.
Improved Bubble Column Desalination and
Sterilization
Muhammad Shahid, University of New South
Wales, Australia
2:30 p.m. –
3:00 p.m.
Sweeping Gas Membrane Distillation in Flat
Sheet Membrane Contactor
Vasiliki Karanikola, University of Arizona
3:00 p.m. –
3:30 p.m. Networking Break
3:00 p.m. –
3:30 p.m. Poster Presentations
3:30 p.m. –
4:45 p.m. Closing Research Needs Plenary Session
Moderator: Mark LeChevaliier, American Water
Phil Rolchigo, Pentair
Joan Oppenheimer, MWH
George Tchobanoglous, UC Davis
Chris Impellitteri US EPA
Michael Wehner, OCWD
4:45 p.m. –
5:00 p.m.
Conference Summary and Closing Remarks
Melissa Meeker, Executive Director, WateReuse Research Foundation
ADVANCE REGISTRATION FORM 19th Annual Water Reuse & Desalination Research Conference
_________________________________________________________________ Full Name _________________________________________________________________ First Name as it should appear on your badge _________________________________________________________________ Job Title _________________________________________________________________ Organization _________________________________________________________________ Street Address _________________________________________________________________ City State/Province Postal/Zip Code Country _________________________________________________________________ Phone Fax _________________________________________________________________ Email Address _________________________________________________________________ cc: Email Address
ADDITIONAL INFORMATION
This is my first WRRF Research Conference
I have the following dietary restrictions ________________________________________________________________
E-MAIL, FAX OR MAIL FORM TO:
E-mail ctharpe@watereuse.org
Fax (703) 548-5085 Faxed registration must be accompanied by full payment.
Mail WateReuse Research Foundation 1199 North Fairfax Street, Suite 410 Alexandria, VA 22314
REGISTRATION RATES
On or
Before
3/20/15
Between
3/21/15 –
4/17/15
Onsite
After
4/17/15 WateReuse Subscriber $400 $450 $500 WateReuse Member $425 $475 $525 Speaker Registration $300 $350 $400 Nonmembers $550 $600 $650 Monday Only $300 $350 $400 Tuesday Only $300 $350 $400 Full Time Students
(ID Required) $125 $175 $225
Technical Tour
Orange County Water District and Irvine Ranch Water District ............................................... $45
Guest Tickets
Guest at Monday’s Awards Luncheon ....................... $30 Name of Guest ____________________________________________
Guest at Monday’s Welcome Reception .................. $35 Name of Guest _____________________________________________
Guest at Tuesday’s Networking Luncheon ............ $30 Name of Guest ____________________________________________
PAYMENT
Full payment must accompany your registration. Your
signature below authorizes a charge your credit card the
total payment and acknowledges that there are no refunds
after April 17, 2015.
Check (payable to WateReuse Research Foundation)
VISA MasterCard AMEX
Purchase Order # ____________________________________ _____________________________________________________________ Card Number _____________________________________________________________ Expiration Date Security Code _____________________________________________________________ Print Cardholder’s Name Total Due _____________________________________________________________ Billing Address City/State/Zip _____________________________________________________________ Signature Date