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HomeMy WebLinkAbout2009-04-08 - Executive-Administrative-Organizational Committee Meeting Agenda Packet Yorba Linda Water District EXECUTIVE-ADMINISTRATIVE-ORGANIZATIONAL COMMITTEE MEETING Wednesday, April 8,2009,4:00 p.m. 1717 E. Miraloma Avenue, Placentia, CA 92870 - Tel: (714) 701-3020 AGENDA COMMITTEE STAFF Director John Summerfield, Chair Pat Grady, Assistant General Manager Director William R. Mills Cindy Botts, Management Analyst PUBLIC COMMENTS Any individual wishing to address the committee is requested to identify themselves and state the matter on which they wish to comment. If the matter is on this agenda, the committee Chair will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on this agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five minutes. ACTION ITEMS This portion of the agenda is for items where staff presentations and committee discussions are needed prior to formal committee action. 1. Draft Water Conservation Ordinance - Second Revision Recommendation: (1) That the Committee review the second revision of the draft water conservation ordinance and provide additional feedback to staff. (2) That the Committee recommend the Board of Directors set a public hearing for May 14, 2009 to receive comments and feedback from the community. ADJOURNMENT The next meeting of the Executive-Administrative-Organizational Committee will be held April 21, 2009 at 4:00 p.m. Items Distributed to the Committee Less Than 72 Hours Prior to the Meetina Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items and are distributed to the Committee 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:/hvww.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. 1 I ITEM NO. AGENDA REPORT Board Meeting Date: April 8, 2009 To: Executive-Administrative-Organizational Committee From: Pat Grady, Assistant General Manager Staff Contact: Pat Grady, Assistant General Manager Cindy Botts, Management Analyst Reviewed by General Counsel: Yes Budgeted: N/A Total Budget: Funding Source: N/A CEQA Account No: Job No: Compliance: N/A Estimated Costs: Dept: Subject: Draft Water Conservation Ordinance - Second Revision SUMMARY: At the meeting held on March 26, 2009, the Board of Directors reviewed and discussed a first draft of the water conservation ordinance. Based on comments received from the Board, legal counsel, and the Executive-Administrative-Organizational Committee, a second draft has been developed for additional Committee review and discussion. This ordinance has been developed in response to the water supply situation in California and is recommended to become effective July 1, 2009. The Metropolitan Water District of Southern California (MWD) supports its retail agencies taking this proactive step for continued access to rebate program funds. DISCUSSION: The ordinance was drafted using a sample ordinance provided by MWD, and the majority of this ordinance is suggested, including some of the permanent conservation requirements and a penalties and violations section, which has been added since the last Board meeting on March 26, 2009. The ordinance contains a combination of water use restrictions and prohibitions derived from the following sources: • MWD's sample ordinance - These items are required for compliance with MWD's standards • Best Management Practice (BMP) 13: Water Waste Compliance, as established by the California Department of Water Resources through the California Urban Water Conservation Council (CUWCC). Including these BMPs within the ordinance is highly recommended by the Municipal Water District of Orange County (MWDOC) • Suggestions put forth by Staff The following is a synopsis of the permanent restrictions and requirements related to water waste within the ordinance. These would be in effect year-round and regardless of the current water situation, unless overridden by stronger restrictions within the ordinance. • Irrigation of landscaping is prohibited between the hours of 9:00 a.m. and 6:00 p.m. • Irrigation of landscaping is limited to fifteen (15) minutes per station per day. • Irrigation of landscaping is prohibited during rain or when rain is forecasted for that day. • Runoff during irrigation of landscaping onto hard surfaces is prohibited. • Washing down of hard surfaces is prohibited. • All leaks and breaks are required to be fixed within three (3) days of notice. • Use of re-circulated water is required for all fountains and water features. • Washing of vehicles is prohibited unless with a bucket or similar container and sponge, or with a hose with a self-closing device. • Drinking water is to be served at restaurants upon request only. • Hotels and motels must provide customers the option to decline daily linen changes. • Installation of single pass cooling systems is prohibited in buildings requesting new water service. • Installation of non-re-circulating water systems is prohibited in new commercial laundry systems. • Restaurants are prohibited from using non-water conserving dish wash spray valves. • All new commercial conveyor car wash systems must have installed operational re- circulating water systems. In addition to permanent water conservation requirements, the ordinance also details four water supply shortage stages that implement further restrictions that the District can apply based on MWD's condition levels. Currently, the stages of the ordinance are designed to trigger accordingly with MWD, without requiring prior YLWD Board approval. Language has also been included in the ordinance to prevail in the event a conflict exists with other District documents, i.e. the District's 2005 Urban Water Management Plan. The following is a summary of each of the four YLWD water supply shortage stages, their MWD equivalent level and the corresponding restrictions: YLWD Stage 1 Water Supply Shortage (Water use reduction goal: 10%) Trigger: MWD "Condition 2: Water Supply Alert" level Restrictions: ■ Irrigation is limited to three (3) days per week, in which odd numbered addresses could irrigate on Monday, Wednesday and Friday, and even numbered addresses could irrigate Tuesday, Thursday and Saturday. No irrigation could take place on Sunday. YLWD Stage 2 Water Supply Shortage (Water use reduction goal: 20%): Trigger: MWD "Condition 3: Water Supply Allocation- Restrictions from 5% through 15%° Restrictions: • Irrigation is limited to three (3) days per week in which odd numbered addresses could irrigate on Monday, Wednesday and Friday, and even numbered addresses would irrigate Tuesday, Thursday and Saturday. No irrigation would be allowed on Sunday. In the months of November through March, irrigation is limited to two (2) days per week, in which odd numbered addresses could irrigate Monday and Friday, and even numbered addresses could irrigate Tuesday and Saturday. • All leaks and breaks are required to be fixed within two (2) days of notice. YLWD Stage 3 Water Suooly Shortage (Water use reduction goal: 30%): Trigger: MWD "Condition 3: Water Supply Allocation- Restrictions from 20% through 35%" Restrictions: • Irrigation is to two (2) days per week, in which odd numbered addresses could irrigate Monday and Friday, and even numbered addresses could irrigate Tuesday and Saturday. In the months of November through March, irrigation is limited to one (1) day per week, in which odd numbered addresses could irrigate Monday and even numbered addresses could irrigate Saturday. • Re-filling of more than one (1) foot and initial filling of residential swimming pools or outdoor spas is prohibited. YLWD Stage 4 Water Supply Shortage-Emergency Condition (Water use reduction goal: 40% or greater): Trigger: MWD "Condition 3: Water Supply Allocation- Restrictions of 40% and greater" Restrictions: • Irrigation of landscaping year-round is prohibited, with the exception of use of a hand-held bucket and maintenance for fire-protection, soil erosion or environmental mitigation projects. • All leaks and breaks are required to be fixed within one (1) days of notice. • No new water service will be provided, except to protect the public health, safety and welfare. Should a customer need a waiver from these restrictions due to hardship, a waiver process has been established within the ordinance. In addition, an appeals process related to the fines and violations is also included. In addition to the ordinance, the exhibits completed to date have been attached. Staff continues to modify and create the remaining outstanding exhibits. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors reviewed and discussed the first draft of the ordinance at the March 26, 2009 meeting. The second revision has been placed on the agenda for full Board discussion on April 9, 2009 to solicit additional comments. STAFF RECOMENDATION: 1. That the Executive-Administrative-Organizational Committee review the second revision of the draft conservation ordinance and provide additional feedback to Staff. 2. That the Committee recommend the Board of Directors set a public hearing for May 14, 2009 to receive comments and feedback from the community. ORDINANCE NO. XX-XX 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 meeting drought-level conditions; and WHEREAS, storage in the Colorado River system has dropped to fifty-five percent of total capacity; and WHEREAS, the flow of the California Aqueduct has been restricted by up to thirty- five 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 of ten-percent voluntary conservation, a focus on outdoor usage, the development of monthly allocations for each customer and the implementation of conservation-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; 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. 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 Watering During Rain Watering or irrigating of lawn, landscape or other vegetated area is prohibited when it is currently raining. 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) 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 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. 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 Lodgina 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 -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. 1. Limits on Watering Days Watering or irrigation of lawn, landscape or other vegetated area is limited to three (3) 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 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- 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 15W. 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) 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) 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. 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) days of receiving notice from the District, is prohibited. SECTION 4: Stage 3 - Water Supply Shortage (Water Use Reduction Goal- 30%) 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%". 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 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) 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, irrigation is limited to one (1) day per week, in which odd numbered addresses are permitted to irrigate on Monday and even numbered addresses are permitted to irrigate on Saturday. 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: 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) 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. 3. Suooorting 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. 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. 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. 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. 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 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 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 XX`h day of XXXX, 2009 by the following called vote: AYES: NOES: ABSENT: ABSTAIN John W. Summerfield', President ATTEST: Kenneth Vecchiarelli, Secretary w'ra Yorba Linda Water District Exhibit "A" Conservation Ordinance Waiver Application This Application is pursuant to Ordinance XX-XX Name Date (Last) (First) Address for Waiver (Street) (City) (Zip) Restriction Waiver is Requested For Pursuant to Ordinance XX-XX, 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. Further, pursuant to Ordinance XX-XX, Section 6, the Management Analyst will act upon any completed application no later than seven (7) days after receipt of the waiver application with a Notice of Decision sent to the address requesting the waiver. The decision of the Management Analyst 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 can be appealed to the Board of Directors by written notice within seven (7) days of the date of denied waiver. Upon receipt of the applicant's third application, the applicant will be notified as to the date of their appeal before the Board of Directors. 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 Third Application % % Exhibit "B" 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. We were in the area and wanted to make you aware of the following restriction: ❑ Watering between 8am and 6pm ❑ Watering more than 15 min per station per day ❑ Excessive Water Flow/Runoff ❑ Washing down of hard surfaces ❑ Watering when it is raining ❑ Other ! Need Help? Check out the other side of this hanger for information on Rebates & Conservation Tips Issued byYLWD Employee No. Pursuant to Ordinance XX-XX, this Doorhanger serves as a Notice of Violation i_______________________________ , i , Elm i Yorba Linda Water District Please Do YOUR Part To Help Conserve Water! CONSERVATION TIPS c 6 Limit watering to 15 min. per station per day. ; 41 Refrain from washing down drive-ways, sidewalks or patios. r 46 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. 46 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 ; , _____________.__._jJ. Yorba Linda Water District Exhibit "C" Notice of First Violation This Notice is issued pursuant to Ordinance XX-XX Violation Case No. Date Issued Location of Violation Re: Pursuant to Ordinance XX-XX, First Violation, Case No. Dear Customer, We wanted to bring to your attention Ordinance XX-XX, passed by the Yorba Linda Water District Board of Directors on . 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. 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 Yorba Linda Water District Exhibit "C" Hardship Waiver Form is available at the District Administrative Offices and through the District website. Upon submittal of the request for a Hardship Waiver to the District, the District staff will review the request and either approve or deny the waiver. Thank you, in advance, for your commitment to water use efficiency. Sincerely, Cindy Botts Management Analyst Yorba Linda Water District Exhibit "C" Explanation of Violation 1. Violations The following violations of District Ordinance XX-XX have been witnessed as occurring on said property by a District employee: H. Corrective Actions The following corrective action is required: III. Date for Compliance /Penalties Should you not comply with Ordinance No. XX-XX by limiting your watering or fixing any leaks or other malfunctions you may be given Notice of a Second Violation which carries a penalty 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. Issuing Party: Cindy Botts, Management Analyst I Yorba Linda Water District Exhibit "D" Notice of Second Violation This Notice is issued pursuant to Ordinance XX-XX Violation Case No. Date Issued Location of Violation 1. Violations The following violations of District Ordinance XX-XX 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 immediately. Fixture violations will incur penalties pursuant to Ordinance No. XX-XX, Section . 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.ylwd.com. Issuing Party: Cindy Botts, Management Analyst Signature: Yorba Linda Water District Exhibit "E" Notice of Third Violation This Notice is issued pursuant to Ordinance XX-XX Violation Case No. Date Issued Location of Violation I. Violations The following violations of District Ordinance XX-XX 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 twenty (20) 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 immediately. Future violations will incur penalties pursuant to Ordinance No. XX-XX, Section . A copy of the full Ordinance is attached. 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.ylwd.com. This order shall become final unless a Notice of Appeal is received by the District no later than the close of business nineteen (19) days after the date of this Notice of Violation. The Notice of Appeal is available at the District Administrative Offices and online at www.ylwd.com. Issuing Party: Cindy Botts, Management Analyst Signature: Yorba Linda Water District EXHIBIT "F" Notice of Fourth and Subsequent Violation This Notice is issued pursuant to Ordinance XX-XX Violation Case No. Date Issued Location of Violation I. Violations The following violations of District Ordinance XX-XX 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 five hundred ($500) dollars. This penalty will appear on your water bill after twenty (20) 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 XX-XX. The installation of a restrictor and/or the disconnection of service may become effective within forty-eight (48) hours of the date of this notice. The account is also subject to disconnect if any and all penalties are not paid in a timely manner. Corrective action is required immediately. Future violations will incur penalties pursuant to Ordinance No. XX-XX, Section . A copy of the full Ordinance is attached. 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. This order shall become final unless a Notice of Appeal is received by the District no later than the close of business nineteen (19) days after the date of this Notice of Violation. The Notice of Appeal is available at the District Administrative Offices and online at www.ylwd.com. Issuing Party: Cindy Botts, Management Analyst Signature: Yorba Linda Water District Exhibit "H" April 3, 2009 Notice of Intent to Disconnect Service This Notice is issued pursuant to Ordinance XX-XX Violation Case No. Date Issued Location of Violation This notice is in regards to the receipt of a Fourth or Subsequent Violation (Exhibit "E"). Pursuant to Ordinance XX-XX, 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 G) is sent to the current billing address. Further, pursuant to Ordinance XX-XX, Section 7b, 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. Corrective action is required immediately. 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: Cindy Botts, Management Analyst Signature: Yorba Linda Water District Exhibit "I" Notice of Review This notice is pursuant to Ordinance XX-XX Name Date (Last) (First) Address for Waiver/Violation Appeal (Street) (city) (Zip) Violation No. (if applicable) Pursuant to Ordinance XX-X, 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 XX-XX, Section 7, the Management Analyst will act upon any completed Notice of Appeal no later than fourteen (14) days after receipt of the appeal with a Notice of Decision sent to the address requesting the appeal. The decision of the Management Analyst 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 can be appealed to the Board of Directors by written notice within seven (7) days of the date of denied waiver. Upon receipt of the applicant's third application, the applicant will be notified as to the date of their appeal before the Board of Directors. I understand that any information provided on this form or in supporting documentation that is found to be willfully falsified shall result in an automatic denial of the appeal. Signature FOR OFFICE USE ONLY Approved First Application Conditionally Approved Second Application Denied Third Application Yorba Linda Water District Exhibit "J" Notice of Decision This notice is pursuant to Ordinance XX-XX Pursuant to Ordinance XX-X, 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 XX-XX, Section 7, the Management Analyst will act upon any completed Notice of Appeal no later than fourteen (14) days after receipt of the appeal with a Notice of Decision sent to the address requesting the appeal. The decision of the Management Analyst 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 can be appealed to the Board of Directors by written notice within seven (7) days of the date of denied waiver. Upon receipt of the applicant's third application, the applicant will be notified as to the date of their appeal before the Board of Directors. Request for Appeal of: Waiver Violation 18t appeal 2nd appeal 3rd appeal Request Decision: Approved Conditionally Approved- Denied Decision Reason: Issued by: Cindy Botts, Management Analyst Signature: I