HomeMy WebLinkAbout1991-03-28 - Resolution No. 91-110 0
RESOLUTION NO. 91-11
A RESOLUTION
OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
ESTABLISHING AN APPEAL PROCESS
FOR THE EMERGENCY
WATER MANAGEMENT PROGRAM
WHEREAS, California is in the fifth consecutive year of drought conditions; and,
WHEREAS, precipitation for the current water year is substantially below normal in the
watersheds of the water supplies serving Southern California; and,
WHEREAS, the completion of the State Water Project continues to be delayed; and
WHEREAS, water deliveries from the State Water Project to southern California are being
cutback; and
WHEREAS, the Metropolitan Water District of Southern California has instituted water
conservation goals with severe monetary penalties for its member agencies within
southern California; and,
WHEREAS, the Municipal Water District of Orange County, as a member agency of the
Metropolitan Water District of Southern California, has also instituted water
conservation goals with severe monetary penalties for the Yorba Linda Water
District; and,
WHEREAS, the Yorba Linda Water District (hereinafter referred to as District) has broad
authority to enact water conservation rules under the laws of the State of California;
and,
WHEREAS, the public's adoption of water conservation measures is now, or maybe, necessary
to avoid or minimize the effects of the water shortage in southern California.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Yorba Linda Water
District, under the authority of Water Code Sections 350 et seq, 375 et seq, 31024, 31026 and 31027
as follows:
Section 1. Appeal Process.
a. The District recognizes that the enforcement of Ordinance 91-02 will impose hardship upon all
customers and desires such hardships be mitigated whenever feasible. Customers shall be
afforded the opportunity to contest findings, correct errors and alleviate unusual and
extraordinary hardship. The administrative review process set forth in this section is adopted
to further these goals. These procedures are separate from the due process procedures of
Ordinance 91-02 which apply to persons who are cited for violation of Ordinance 91-02. This
appeal process applies to persons who can demonstrate a legitimate need for relief from the
rules of Ordinance 91-02.
b. The General Manager shall appoint three (3) persons to a "Conservation Committee". Any
person aggrieved by the provisions of Ordinance 91-02 may appeal, in writing, to the
committee for relief. The committee may grant relief to residential customers to reflect
extraordinary water needs which have occurred subsequent to the base period, or abatement of
health, safety or fire hazards. The committee may grant relief to commercial or industrial
customers to reflect changes in circumstances which have occurred subsequent to the base
period. The committee may grant relief whenever necessary to protect the public health,
welfare or safety of the community. No relief shall be granted unless the customer
demonstrates maximum practical water reduction, including use best management practices
identified in the Urban Water Management Plans of Metropolitan Water District of Southern
California, Municipal Water District of Orange County and/or the Yorba Linda Water District.
The Committee shall issue a written decision as soon as practical but no later than fourteen
(14) days after the customer files a written request for review.
c. A customer who is not satisfied with the decision of the committee may appeal the decision
within five (5) days after the Conservation Committee issues its written decision by mailing a
written request to the President of the Board of Directors together with all written material
supporting the appeal and showing why relief from Ordinance 91-02 should be granted. The
Board's decision shall be based upon the written submittal and any written response from the
General Manager or the Conservation Committee. No oral presentation or hearing will be
conducted before the Board. The decision of the Board of Directors shall be made within
thirty (30) days of the appeal and is final.
Section 2. Effective Date.
This Resolution shall become effective upon adoption of Ordinance 91-02.
Section 3. Severability.
If any portion of this Resolution is found to be unconstitutional or invalid, the District hereby declares
that it would have enacted the remainder of this Resolution regardless of the absence of any such
invalid portion.
PASSED AND ADOPTED this 28th day of March, 1991 by the following called vote:
AYES: M. ROY KNAUFT JR., PAUL ARMSTRONG, STERLING FOX, ARTHUR C. KORN
NOYES:O AND CARL SCANLIN
ABSENT: 0
ABSTAIN: 0
(SEAL)
ATTEST- ~ -
Secretary,
Yorba Linda Water District
14111W
President, v v
Yorba Linda Water District