Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink About2015-05-18 - Citizens Advisory Committee Meeting Agenda Packet Yorba Linda Hater District AGENDA YORBA LINDA WATER DISTRICT CITIZENS ADVISORY COMMITTEE MEETING Monday, May 18, 2015, 8:00 AM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. ROLL CALL COMMITTEE MEMBERS Daniel Mole, Chair Bill Guse Rick Buck, Vice Chair Fred Hebein Lindon Baker Joe Holdren Carl Boznanski Modesto Llanos Oscar Bugarini, Sr. Cheryl Spencer-Borden 3. 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 three minutes. 4. DISCUSSION ITEMS This portion of the agenda is for matters such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Committee members. This portion of the agenda may also include items for information only. 4.1. Recap of Board of Directors' Budget/Rate Workshop 4.2. Institution of Stage 3 Water Conservation Measures 4.3. President's Report 4.4. Future Agenda Items 5. ADJOURNMENT 5.1. The next Citizens Advisory Committee meeting is scheduled to be held Monday, June 22, 2015 at 8:30 a.m. Items Distributed to the Committee 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 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://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. 4.1 AGENDA REPORT Meeting Date: May 18, 2015 Subject: Recap of Board of Directors' Budget/Rate Workshop ATTACHMENTS: Description: Type: CAC Abbreviated Budget Workshop #1 FY2015 Budget Workshop#1 Recap Backup Material 16 FINAL v2.pdf Yorba Linda Water District Ohio* Budget Workshop # 1 FY 2015/ 16 Presented By: Marc Marcantonio, General Manager Delia Lugo, Finance Manager March 31 , 2015 i Fiscal Year 2014 / 15 Outlook TRENDS IN WATER PRICES VS. CP1 -%0 450 400 350 300 250 200 150 100 50 Trends in consumer prices(GPI)for ublibes Water&sewer(11 W) CP((1913.M=100) —Ekdr;r4(1913) —Natural gas(1935) —" CPI(1997=100) Tel.sermes (1997=100) 0 — — — — — — — — — — wdw PU-MSU Figure I — Trends in Consumer Prices (CPl) for Utilities I Beecher, Trends In Consumer PrIces(CIRI)for U1.111(le%Thtough M i, Mi(My"in %lte University,January Z Historical Water Costs Import Water =; $1 ,000 _ r $950 $900 $850 $800 $750 $700 $650 $600 $550 $500 $701 $249 Groundwater $936 r $375 J I $344 000�j FY 08/09 FY 09/10 FY 10/11 FY 1 1 /12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 MWD OCWD $355 $335 $315 $295 $275 $255 $235 25,000 20,000 15,000 5,000 m Total Water Purchases (AF) vs. Population 09/10 10/11 11/12 12/13 13/14 14/15 Water Purchases Anticipated Purchases (Population ti -75,000 74,000 73,000 72,000 71,000 70,000 • 69,000 • 68,000 67,000 66,000 65,000 15/16 Fiscal Year 2015 / 16 Outlook Budget Summary (Water & Sewer) Revenue Total Operating Revenue Total Non-Operating Revenue Total Revenue Expenses Variable Water Costs Salary-Related Expenses Supplies & Services Total Operating Expenses Total Non- Operating Expenses Total Expenses Income Before Depreciation & Capital Contributions Depreciation Capital Contributions Approved Budget (FY 14/15) $31,025,713 $1,929,167 $32,954,880 $14,928,972 $8,509,812 $4,389,840 Forecast Year-End (FY 14/15) $29,922,219 $2,162,170 $32,084,390 $13,850,950 $8,417,231 $3,961,780 Proposed Budget (FY 15/16) $29,187,587 $2,084,125 $31,271,712 $14,762,832 $8,817,107 $4,590,899 $27,828,624 $26,229,962 $28,170,838 $1,852,793 $1,725,692 $1,677,685 $29,681,417 $3,273,463 $7,337,500 $0 $27,955,654 $4,128,736 $7,354,700 $80,212 $29,848,523 $1,423,189 $7,350,000 $0 Income (Loss) ($4,064,037) ($3,145,752) ($5,926,811) Key Budget Assumptions Total Volume of Water Purchased OCWD RA Blended Rate MWDOC Blended Rate MWDOC Allocation Allowance MWDOC Allocation Overage @ $ 1 ,500 AF CUP Blended Rate (w/Allocation Surcharge) 20,236 A F $368/AF $1 ,040/$ 1 ,268A F 7,521 A F 145 AF $947 AF i2f Revenues FYI 4-15 Budget FYI 4-15 Projected Water Base Fee Sewer Charge FYI 5-16 Budget Water Variable Charge Other Op. Revenue Operating Expenses & CIP FYI 4-15 Budget FYI 4-15 Projected FYI 5-16 Budget Salaries & Benefits Supplies & Services Variable Costs Approved CIP Cost of the Drought (FYI 4- 15 Projection vs. FYI 5- 16 Budget) • Approx. DECREASE in Water Revenues • Approx . $835 ,000 INCREASE in Variable Costs • Allocations = $777,000 INCREASE in OCWD Costs ( per Brady & Associates Study) • Decrease in BPP/ Increase in RA $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $0 Fixed Charge As A Percent of Or)o ratinc Expenses Zf $24,853,201 $23,790,095 $21,862,795 15% Actuals FY 2011/12 5% Actuals Y 2012/13 ■Fixed Charge 17% Actuals FY 2013/14 Target: 30%-40% ■Operating Expenses $24,976,920 20% Projected FY 2014/15 Fixes' rge As A Percent of Operating Revenue Y 7 Mo. Ending 1 /31 /13 l. oop" V, 130 160 7% 630 7 Mo. Ending 1 /31 /15 180 170 7% 7 Mo. Ending 1 /31 /14 140 170 7% 620 Projected for HE 2015 200 160 7% $45.00 $40.00 $35.00 $30.00 $25.00 $20.00 $15.00 $10.00 $5.00 $16.77 op YLWD Local Agenr- v Comparison Fixed Charge Increase for 1 inch Meter IN $23.04 CAW Walnut Valley Mesa WD WD $0.75 Serrano WD Laguna Golden State South Coast East Orange Beach CWD WC WD CWD Local Agenr,--- Comparison Avg. Monthly Bill $180.00 (1 Inch Meter, 25.5 Units) $160.00 $12.06 $26.98 $140.00 $3.56 $120.00 $100.00 - $80.00 - $142.84 $133.43 $60.00 - $96.90 $113.71 $108.97 $85.62 $40.00 $20.00 $- YLWD Walnut Valley WD Mesa WD Serrano WD Laguna Golden South Coast East Orange Beach CWD State WC WD CWD Pass-through Variable Costs • Current Water Model DOES NOT include power costs for pass-throughs . • FYI 5- 16 Budget- power costs INCREASE $530 , 000 Pass-through Variable Costs Government Code 53756 : " If an agency purchases wholesale water from a public agency, the schedule of fees or charges may provide for automatic adjustments that pass through the adopted increases or decreases in the wholesale water charges established by the other agency" vs . "Spirit of the Law" Resolution 07- 17, Section 3: Increased costs of purchased water and energy costs which are charged to YLWD from MWDOC, MWD, OCWD., SCE and/or Gas Co will pass through, applied on the basis of water usage. Variable Charge Base Fee TOTAL Base Fee Increase (30% of Operating Expenses) $67.50 $67.50 $67.50 $67.50 $67.50 $67.50 $16.77 $84.27 $18.65 $86. 15 $20.70 $22.98 $90.45 * Assumes 25 units @$2.70 with a 1 inch Meter $25.50 $93.00 $28.31 $95.81 %1- - $45.00 EIRIPP $40.00 $35.00 $30.00 $25.00 $20.00 $15.00 $10.00 $5.00 Local Agency Comparison (YLWD@ 30% of Operating Expenses) do- -V $27.75 9 Walnut Mesa WD YLWD Valley WD �PJ $32.21 $37.34 I E I Serrano WD Laguna Golden Beach CWD State WC YLWD at end of FY1 9/20, Other agencies are FY1 5/16 $44.25 South Coast East Orange WD CWD Variable Charge Base Fee TOTAL Base Fee Increase (40% of Operating Expenses) $67.50 $67.50 $67.50 $67.50 $67.50 $67.50 $16.77 $19.82 $23.29 $27.60 $32.30 $37.79 $84.27 $87.32 $90.79 $95. 10 $99.80 $105.29 * Assumes 25 units @$2.70 with a 1 inch Meter $45.00 $40.00 $35.00 $30.00 $25.00 $20.00 $15.00 $10.00 $5.00 Local Agency Comparison (YLWD@ 40% of Operating Expenses) F $23.04 Walnut Valley WD $27 I I Mesa WD Serrano WD Laguna YLWD Beach CWD YLWD at end of FY1 9/20, Other agencies are FY1 5/16 Golden South Coast East Orange State WC WD CWD YLWD Reserve Types qcwr %,P,urpose,;-A �..Projected Water Capital Replacement Planned CIPs $17.3M I $1 .8M Water Operating Fund Day-to-Day $3.9M $2.4M Payments Water Emergency Fund 2008 COP Bond Debt Service Reserve Maintenance Reserve Employee Liabilities TOTAL: Catastrophes $ 1 .0M $ 1 .0M Regulated $2. 1 M $2. 1 M Regulated $2.7M $2.7M Unanticipated $151 ,000 $200,000 R&R Retiree Payout of $186,000 $ 100,000 Vacation/Sick Time $27.3M $10.3M ITEM NO. 4.1 AGENDA REPORT Meeting Date: May 18, 2015 Subject: Institution of Stage 3 Water Conservation Measures SUMMARY: Attached is Resolution No. 15-08 Instituting Stage 3 Water Conservation Measures. This resolution supports the Governor's State of Emergency and call for all Californians to conserve water. It also supports the State Water Resources Control Board emergency regulation requirements for increased conservation practices. DISCUSSION: This resolution was developed in response to Governor Brown's April 1, 2015 Executive Order issuing mandatory water conservation regulations across the state, and the subsequent Regulations approved by the State Water Resources Control Board on May 6, 2015, in which a conservation goal for Yorba Linda Water District of 36% comparative to 2013 was set. The 36% conservation target may come down slightly upon further review of the numbers submitted to the State. The following is a synopsis of the permanent restrictions and requirements related to water waste that have remained in effect since 2009 with the Board's approval of Ordinance No. 09-01. It is the intent of the Board that these restrictions continue in effect year-round, regardless of the water situation, unless overridden by stronger restrictions within the ordinance or other Board actions. • 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 recirculated water is required for all fountains and water features. • Washing of vehicles is prohibited unless with a bucket or similar container and sponge, and/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-recirculating 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 the above permanent water conservation requirements, the resolution requires moving to a Stage 3 Water Supply Shortage level. This level has a water-use reduction goal of up to 35%, with the associated incorporation of the permanent conservation requirements. The District's Stage 3 Restrictions include the following: • Irrigation is limited to two (2) days per week, in which odd numbered addresses could irrigate on Monday and Friday, and even numbered addresses could irrigate Tuesday and Saturday. • Initial filling or re-filling of more than one foot of residential swimming pools or outdoor spas is prohibited. 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 has also been established. The District is presently working with the City of Yorba Linda, Placentia Yorba Linda Unified School District and the Home Owners Associations throughout the District to achieve maximum conservation efforts and meet the additional mandates, such as removing ornamental grass on street medians, as outlined in the Governor's Executive Order, which is attached. PRIOR RELEVANT BOARD ACTION(S): ATTACHMENTS: 11ai lu. Description: Type: 4.1.15 Executive Order.pdf Executive Order Backup Material 20090514 - Ordinance No. 09-01.pdf Ordinance 09-01 Backup Material Resolution- Stage 3 Water Supply Shortage.docx Resolution 15-08 Backup Material zxccudot Bepartment ,5tatc of 001ifolmia 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. �x x IT IS HEREBY ORDERED THAT: 1. 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. 9 a 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 wilt 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. Q d 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. 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 shali 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. i 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. ;c x 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. �x x � x 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 15t day of April 2015. EDMUND G. BROWN JR. Governor of California ATTEST: ALEX PADILLA Secretary of State W 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 meeting drought-level conditions; and WHEREAS, storage in the Colorado River system has dropped to fifty-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 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 1 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 Watering 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. Obliciation 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 Onl 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 Lodaina 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 waters stem in Commercial Laund 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 Waterinq 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 i 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. Supporting 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 f. 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 John W. Sum'me rfield ATTEST: B KeInneth Vecchiarelli, Secretary Reviewed as to form by General Counsel: r 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. 1 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 --------- ----------- - ----- - --------- --- , . r I , 1 , 1 Exhibit "B" 1 1 1 1 I 1 I 1 1 r , 1 1 1 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. ; r i r i We were in the area and wanted to make you aware of the following restriction: 1 , 1 1 I ❑ Watering'between gam and 6 ; I ❑ Watering more than 15 min per station per day ; 1 r ❑ Excessive Water Flow/Runoff ; 1 ❑ Washing down of hard surfaces. 1 1 I 1 ❑Watering when it is raining ; , 1 I ' i ❑ other ; I 1 Need rIeIFw&, 1 I I Check out the other side of this hanger for I i information on ' Rebates & Conservation Tips r Issued byYLWD Employee No. I Date:__ 1 1 ' Pursuant to Ordinance XX-XX,this Doorhanger serves as a ; Notice of Violation r I - --- - -------- ---- --- -- --- - ------ -- - -- JJ • ----- - -- --------- ------------- ------- , . i 1 . 1 1 � 1 1 . 1 1 � ` J. 1 I r \ 1 r \ I 1 \ r 1 1 I 1 t 1 1 1 1 Yorba Linda Water District 1 , 1 I 1 Please Do YOUR Part To Help Conserve Water! 1 I , 1 t 1 1 CONSERVATION TIPS ; t 4 Limit watering to 15 min. per station per day. 9 p P , 1 1 6 Retrain from washing down drive-ways, ; 1 sidewalks or patios. , t j ♦ Adjust sprinkers to eliminate overspray and runoff. ; 1 ' ♦ Step on your grass to check if it needs to ; be watered. if it pops back up, it doesn't. ; 16 Promptly repair all leaks, including those ; , within your sprinkler system. I I I 1 k REBATES , 1 1 k Both Indoor & Outdoor Rebates are available! ; Online rebate forms can be found at: ; www.socalwatersmart.com I www.ylwd.com 1 � I 1 1 � ' More conservation tips can be found at: ' 1 � www.ylwd.com ' 714-701-3000 ; ------------------------------- --J Yorba Linda Water 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.ylwd.com. Issuing Party: Cindy Botts, Management Analyst Signature: Yorba Linda Water Distract Exhibit "E" Date Notice of Third 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: M. 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.ylwd.com. Issuing Party: Cindy Botts, Management Analyst Signature: 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: 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 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. 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 "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.ylwd.com. Issuing Party: Kenneth R. Vecchiarelli, General Manager Signature: 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.ylwd.com. Issuing Party: Kenneth R. Vecchiarelli, General Manager Signature: 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. (if 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 1) 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 willfully falsified shall result in an automatic denial of the appeal. Signature FOR OFFICE USE ONLY Approved Conditionally Approved Denied 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, g 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: M M r ® 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 Violation was observed Address of In compliance with California Code of Civil Procedure§2015.5.in 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 down of hard surfaces _Washing _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 down of hard surfaces _Washing _Watering when it is raining Signature Other: Time: NO M M 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 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 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 NI�Ti;�OF P4Bi IR Nf✓EARINQ Atlq BUMMARY OF PROPIfSRq.ORO1NARC®ND QY.IN INt1TiTifTlN01 t�ATRR CONaBRYATigN which the annexed is a true printed copy, been 1al auRU:� oMisATER AoAt t3T WATRR WAt66 ANq WATRR iNOAgd P PY� ; .. #YPP1.YtAMTl�idiNC{ii published in each regular and entire issue of said NQTicE IS tdERFBY QtVEN that am May 14 2009,ma Board 01 Uiractars of the Yorba Linda water District will hotd a publlc,heeoh at X30 p m.,or as soon theroa9er as Pradl newspaper and not in any supplement thereof on pd-la.At 1717 Eset:Miraloma Avenue,placsntla CA,*e art of the:pegttlar Megting al the.Board.The aatd wlith0l they public:heartng h+arS1�to rac�ifva oral and written tsstlmaryl,; the following dates,to wit: regarding the proposed adaptlon of t]rdtnazrce No 08-01 Writtens:commanta Maim be fit ad at arry 1lme prior to.conclu elan of the public lieaPng Those deainn9 to or$it:comment. may do an dbring the hearing:Written cofnmenta shculd pe:. addressed to the;attention-of the Management Analyst at May ],2009 the atiovo-m Ohl iched address Llpan conolualort:o tlfe hearing the Board will WrreJder adoption of proposed Ordk'• Hanes%,Na 09.Ol:which wo�iid InatiWte-water cansenration; msea ures prohibition agofnal water waste and water aharl• N certify (or declare) under the penalty of perjury agesupplyr antln9enoiea, A cenffed copy"df the full.Ordinance No 09-01;Aa pro-' posed?shall be posted in the ofBceof the 0latrlat t V east 7. under the laws of the State of California that the days prior to the Board meefing at which said 4rdmance will ba can5sdered.and will.tie availahts.far revises The 018 trictls offices are.located at'tha above-Manttoned address foregoing is true and correct": Coples"of the Qrdlnanoe are avolloble by callingg the Exeou- riYO Secretary at(714)707-A02t or an the Olatrrct a wobakte, Executed at Santa Ana, Orange County, at hltp:Jlwvnv.ylw .cam1. California,on sunlmwV of ordnnano. The Ordlnafto would set permanent water con mea=6%and prghI1:N mse S W _,r waste Rfld tleBne: four water supply ahartg8aga t ould Aroylda lur Date:May 7,2009 then te$trictlons on water,U,S, 71 addition ttra t7r ilnarlaa: would e I for a haldshrpa dance pt lha p[sMd 6`dirtre:'.11 lion:§gsirrst the approved reatrtctians and for en;appppeAl° process of the Enos: end pen Blhea associated wilh violallona wNncsgedby0ishictpaFBGnnol ` Publish:©range"I:ounty-Raglotar Ntay 7,2009 R-,70.2 i Signature 6111e Orange County Register 625 N.Grand Ave. Santa Ana,CA 92701 (714) 796-7000 ext. 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 1118152, Case No. A-21046, that the notice, of which the annexed is a true printed copy, has been published in each regular and SUMMARY OF ACOPTBD analkARCE Mo.t>9 At its regular meating on Mtiy 14 2009,the Board of Qiraa entire issue of said newspaper and not in any tars of the Yorba Linda'Water Disiriat adapted an Ordinance Instituting water conservation measures,prahibition agaorst water waste,and water shortage supply conlingenclas.The supplement thereof on the following dates, to recorded vote of the Board Is as follows: wit: Summe Ayes, Armatmng,Beverage,We and As i ' Nam None 'Id Abstain: None May 21,2009 Absent: Director Collett A certified copy'of the full Ordinance No.0901 is posted in the office of the District along wlth the names qt those dime. cc tars voting'for and agalnet the Ordinances The'Authority'a I certify (or declare) under the penalty of offices are located at the:followip, address: 1x17 saet Miraioma Avenue,Placentia CA 92870,The ordinance can also be Viewed or downfoaded from the Dlslrict's.wabsite at. perjury under the laws of the State of California www.ylwd.cam. that the foregoing is true and correct": t3UMMary of Ordinance !The Ordinance sets permanent water-wnsenrattan meal. urea and prohibitions against water waste and defuses four Executed at Santa Ana, Orange County, water supply shortage stages that would provide further re• sthdons or water use,In addiffon,the Ordinance allows far California,on a hardship variance at the fbshicts discretion aggalnet the appravelt restnctions and tf9�rrzatl, pit6lt pt6q§�s o9 t�ral3nea Rnd penalties assoetatedYrrllh-Vtations lyitnasaetl by Dls Date: May 21,2009 knakpelsonnst iPubNN Orange County Register May 21,2009 R•910 S ature The Orange County Register 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-7000 ext.2209 RESOLUTION NO. 15-08 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT INSTITUTING STAGE 3 WATER SUPPLY SHORTAGE WHEREAS, on May 14, 2009, the Yorba Linda Water District adopted Ordinance No. 09-01 instituting Water Conservation Measures, Prohibition Against Water Waste and Water Shortage Suply Contingencies; WHEREAS, on January 17, 2014 the Governor of California proclaimed a State of Emergency due to severe drought conditions and directed state officials to take all necessary actions to prepare for these drought conditions; WHEREAS, on April 25, 2014 the Governor of California issued an executive order that called on all Californians to redouble their efforts to conserve water; WHEREAS, on April 1, 2015, due to persisting drought conditions, the Governor of California issued an executive order that called for a statewide reduction in potable water use of 25%; WHEREAS, on May 6, 2015 emergency drought regulations, which were adopted by the State Water Resources Control Board to promote water conservation and to impose restrictions on outdoor irrigation, went into effect setting a conservation mandate for Yorba Linda Water District of more than 30%; WHEREAS, pursuant to Sections 1 and 2 of Ordinance No. 09-01, Permanent Water Conservation Measures and Prohibitions Against Water Waste are currently in effect and outdoor irrigation is presently limited to three days a week; and WHEREAS, pursuant to Section 4 of Ordinance No. 09-01, 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 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 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%". NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. The Board of Directors hereby determines that due to drought or other water supply conditions, a water shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Section 2. A Stage 3 Water Supply Shortage, as defined in Section 4 of Ordinance No. 09-01, is hereby instituted. As set forth in Section 4 of Ordinance No. 09- 01, outdoor irrigation is hereby limited to two calendar days per week (Monday, Friday or Tuesday, Saturday) based on the District's assigned schedule. In addition, initial filling or re-filling of more than one foot of residential swimming pools or outdoor spas is prohibited. Section 3. The Permanent Water Conservation Measures and Prohibitions Against Water Waste under Section 1 of Ordinance No. 09-01 remain in effect. Section 4. The District encourages customers to implement water conservation measures above and beyond those required by Ordinance No. 09-01, such as Smart Controllers, Rotating Nozzles, High-Efficiency Nozzles, High- Efficiency Clothes Washers and Toilets, Smartimers and Synthetic Turf. Section 5. That all conflicting Resolutions and minute orders are hereby rescinded. PASSED AND ADOPTED this 11th day of May 2015, by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Ric Collett, President Yorba Linda Water District ATTEST: Marc Marcantonio, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. Kidman Law LLP