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Home My WebLink About2016-04-14 - Ordinance No. 16-01 ORDINANCE NO. 16-01 ORDINANCE OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT REPEALING ORDINANCE NO. 15-01 AND ADOPTING A FLEXIBLE WATER SHORTAGE ADMINISTRATIVE PENALTY STRUCTURE WHEREAS, on January 17, 2014 the Governor of California proclaimed a State of Emergency due to severe drought conditions and directed state officials to take all necessary actions to prepare for these drought conditions; and WHEREAS, on April 25, 2014 the Governor of California issued an executive order that called on all Californians to redouble their efforts to conserve water; and WHEREAS, on April 1, 2015, due to persisting drought conditions, the Governor of California issued an executive order that called for a statewide reduction in potable water use by 25%; and WHEREAS, on May 6, 2015, emergency drought regulations, which were adopted by the State Water Resources Control Board (SWRCB), went into effect, setting conservation mandates for water suppliers; and WHEREAS, the SWRCB established a conservation mandate for Yorba Linda Water District to reduce its potable water use by 36%; and WHEREAS, the SWRCB may impose penalties of up to $10,000 per day against Yorba Linda Water District for its failure to meet the 36% conservation mandate; and WHEREAS, on May 11, 2015 the Board of Directors adopted Resolution No. 15-04, which determined that due to drought and 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 drought conditions; and WHEREAS, on May 28, 2015, the Board of Directors adopted Ordinance No. 15-01, which imposed administrative penalties (hereinafter referred to as penalty or penalties) on District customers should their consumption exceed certain amounts; and WHEREAS, on February 2, 2016, the SWRCB adopted an extended and revised emergency drought regulation to ensure that urban water conservation continues through October 2016 while providing urban water suppliers more flexibility in meeting their conservation requirements, including potential downward adjustments to urban water suppliers' conservation mandate that range from 2% to a maximum of 8%; and Ordinance No. 16-01 Adopting a Flexible Water Shortage Administrative Penalty Structure 1 WHEREAS, on February 22, 2016, the Yorba Linda Water District submitted an application to the SWRCB requesting the maximum downward adjustment of 8% from the District's 36% conservation mandate, which may be granted in whole, in part, or not at all, but the District is optimistic that it has satisfied SWRCB's requirements for an adjustment. WHEREAS, as of March 1, 2016, the District and its customers have met the State mandated 36% cut in water usage; and WHEREAS, in recognition of its customers significant reduction in water usage, it is the Board of Directors intent to repeal Ordinance No. 15-01 and its rigid application of penalties on District customers and replace it with a more flexible structure that will allow the Board of Directors to apply such penalties in accordance with its customers' water usage, the District's water shortage contingency ordinance (Ordinance No. 09-01), and the State's conservation mandate; and WHEREAS, the penalties established and imposed herein are not for the purpose of recovering the cost of providing water service to Yorba Linda Water District's water customers. NOW THEREFORE BE IT ORDAINED, under the authority of State law, including, but not limited to Sections 31026 and 31028 of the California Water Code and 53069.4 of the California Government Code, that the Board of Directors of the Yorba Linda Water District does hereby find that the above recitals are true and correct and therefore establish water use restrictions, and establish and impose penalties upon any customer who exceeds the water use restrictions, in order to (1) comply with the SWRCB's conservation mandate, (2) protect the District's water supplies, (3) reduce the quantity of water consumed, and (4) deter and prevent the waste or unreasonable use of valuable water resources. Section 1. Board Authority to Enact and Suspend Water Shortage Administrative Penalties by Resolution The appropriate stage of penalties may be enacted or suspended, by Board resolution, based on a Board finding regarding the District's customers' water usage, the District's water supply shortage stage under its water shortage contingency ordinance, the SWRCB's percentage of conservation mandate to the District, or any other finding consistent with this ordinance. Ordinance No. 16-01 Adopting a Flexible Water Shortage Administrative Penalty Structure 2 Section 2. Stage of Water Shortage Administrative Penalties for Exceeding Mandatory Water Use Restrictions Upon resolution of the Board of Directors, each customer who has a potable water account with the District shall be subject to either no penalties under Stage No. 1 or the following penalties under Stage Nos. 2, 3, and 4 at the end of their respective billing cycle should their usage exceed the amounts set forth below: A. Stage 1: (No Penalties) Residential Penalty Block 1 1-18 Units $ - Block 2 19-29 Units $ - Block 3 30-49 Units $ - Block 4 50-74 Units $ - Block 5 75-99 Units $ - Block 6 100+ Units $ - Commercial Penalty Block 1 1-50 Units $ - Block 2 51-75 Units $ - Block 3 76-100 Units $ - Block 4 100-150 Units $ - Block 5 151-200 Units $ - Block 6 200+ Units $ - --- ----- Irri•ation --- 1 Penalty Block 1 1-115 Units $ - Block 2 116-200 Units $ - Block 3 201-300 Units $ - Block 4 301-400 Units $ - Block 5 401-500 Units $ - Block 6 500+ Units $ - Ordinance No. 16-01 Adopting a Flexible Water Shortage Administrative Penalty Structure 3 B. Stage 2: Residential Penalty Block 1 1-18 Units $ - Block 2 19-29 Units $ - Block 3 30-49 Units $ 20.00 Block 4 50-74 Units $ 40.00 Block 5 75-99 Units $ 80.00 Block 6 100+ Units $ 160.00 Commercial Penalty Block 1 1-50 Units $ - Block 2 51-75 Units $ - Block 3 76-100 Units $ 50.00 Block 4 100-150 Units $ 100.00 Block 5 151-200 Units $ 200.00 Block 6 200+ Units $ 400.00 -- - -- Irrigation----------- Penalty Block 1 1-115 Units $ - Block 2 116-200 Units $ - Block 3 201-300 Units $ 130.00 Block 4 301-400 Units $ 260.00 Block 5 401-500 Units $ 520.00 Block 6 500+ Units $ 1,000.00 C. Stage 3: Residential Penalty Block 1 1-18 Units $ - Block 2 19-29 Units $ - Block 3 30-49 Units $ - Block 4 50-74 Units $ 40.00 Block 5 75-99 Units $ 80.00 Block 6 100+ Units $ 160.00 Ordinance No. 16-01 Adopting a Flexible Water Shortage Administrative Penalty Structure 4 Commercial Penalty Block 1 1-50 Units $ - Block 2 51-75 Units $ - Block 3 76-100 Units $ - Block 4 100-150 Units $ 100.00 Block 5 151-200 Units $ 200.00 Block 6 200+ Units $ 400.00 Irrigation Penalty Block 1 1-115 Units $ - Block 2 116-200 Units $ - Block 3 201-300 Units $ - Block 4 301-400 Units $ 260.00 Block 5 401-500 Units $ 520.00 Block 6 500+ Units $ 1,000.00 D. Stage 4: Residential Penalty Block 1 1-18 Units $ - Block 2 19-29 Units $ 10.00 Block 3 30-49 Units $ 20.00 Block 4 50-74 Units $ 40.00 Block 5 75-99 Units $ 80.00 Block 6 100+ Units $ 160.00 Commercial Penalty Block 1 1-50 Units $ - Block 2 51-75 Units $ 25.00 Block 3 76-100 Units $ 50.00 Block 4 100-150 Units $ 100.00 Block 5 151-200 Units $ 200.00 Block 6 200+ Units $ 400.00 Ordinance No. 16-01 Adopting a Flexible Water Shortage Administrative Penalty Structure 5 Irrigation Penalty Block 1 1-115 Units $ - Block 2 116-200 Units $ 65.00 Block 3 201-300 Units $ 130.00 Block 4 301-400 Units $ 260.00 Block 5 401-500 Units $ 520.00 Block 6 500+ Units $ 1,000.00 Section 3. Payment of Penalties Any penalty imposed pursuant to Section 1 shall be collected on the customer's water bill. Failure to pay a penalty amount will be treated as nonpayment of the water bill and water service may be terminated as a result. In the event that the individual responsible for payment of the water bill is not the violator of this Ordinance, notification of penalties will go to 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 4. Appeal Procedures 1. Filing an Appeal. Any customer who wishes to appeal a penalty imposed by the District pursuant to this Ordinance shall comply with the following procedures: a. The appellant shall pay all amounts due and owing on his/her water bill, including any disputed penalty(ies) imposed by the District pursuant to this Ordinance. b. The appellant shall submit an appeal request form (Exhibit A) to the General Manager or his/her designee no later than fourteen (14) days from the date of the appellant's water bill for the billing cycle in which any penalty(ies) are imposed. c. The appellant shall submit proof, as deemed necessary by the District, in support of the appeal request. Such support may take the form of invoices, photos, etc. 2. Basis for Granting an Appeal. An appeal may be granted under the following limited circumstances: a. The amount of water delivered to the appellant's property did not violate the rules and regulations as evidenced by either a demonstrable malfunction in the meter serving the customer's property or a billing error by the District. Ordinance No. 16-01 Adopting a Flexible Water Shortage Administrative Penalty Structure 6 b. The amount of water used by the appellant's property exceeded the appropriate stage of drought administrative penalties as a result of a pipe leak (or leaks), but the customer fixed the leak(s) within the fourteen (14) days provided in Section 4(1)(b) above. c. The appellant demonstrates the water use is needed for human health and/or safety reasons. 3. Denial of Appeal Request. The decision by the General Manager or his/her designee to deny a request for appeal shall be final. Section 5. Use of Penalties Penalty funds collected pursuant to this Ordinance shall not be collected for the purpose of recovering the cost of providing water service to Yorba Linda Water District's water customers and shall be segregated into a fund which is not used to pay the cost of providing water service to Yorba Linda Water District's water customers. Section 6. In order to align with the District's established meter reading and billing schedules, Ordinance No. 15-01 is hereby repealed effective 11:59 p.m. on Thursday, April 28, 2016. Furthermore, the rules and regulations contained herein shall be in full force and effect at 12:00 a.m. on Friday, April 29, 2016. Section 7. The Board Secretary is hereby instructed to publish this Ordinance pursuant to subdivision (a) of Section 31027 of the California Water Code. PASSED AND ADOPTED this 14th day of April 2016, by the following called vote: AYES: Directors Beverage, Collett, Hawkins, Kiley and Melton NOES: None ABSTAIN: None ABSENT: None Ric Collett, President Yorba Linda Water District ATTEST: Marc Marcantonio, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel w , 14 R. o;. /.: of 4 •rthur G. Kidman, Esq. Kidman Law LLP Ordinance No. 16-01 Adopting a Flexible Water Shortage Administrative Penalty Structure 7 Exhibit A YORBA LINDA WATER DISTRICT Water Shortage Administrative Penalty Appeal Request Form Pursuant to Ordinance No. 16-01 Name (Printed): Account#: Bill Date: Service Address: Street City Zip Reason for request for appeal from water shortage administrative penalty: I understand that any information provided on this form or in supporting documentation that is found to be willfully falsified shall result in an automatic denial of the appeal. Signature: Date: Please drop-off, mail or fax completed form to: YLWD Conservation Division 1717 E Miraloma Ave Placentia CA 92870 Fax: 714-701-3058 FOR OFFICE USE ONLY Approved: Denied: Exhibit A YORBA LINDA WATER DISTRICT Water Shortage Administrative Penalty Appeal Procedures 1. Filing an Appeal Any customer who wishes to appeal a penalty imposed by the District pursuant to Ordinance No. 16-01 shall comply with the following procedures: a. The appellant shall pay all amounts due and owing on his/her water bill, including any disputed penalty(ies) imposed by the District pursuant to Ordinance No. 16-01. b. The appellant shall submit an appeal request form (Exhibit A) to the General Manager or his/her designee no later than fourteen (14) days from the date of the appellant's water bill for the billing cycle in which any penalty(ies) are imposed. c. The appellant shall submit proof, as deemed necessary by the District, in support of the appeal request. Such support may take the form of invoices, photos, etc. 2. Basis for Granting an Appeal An appeal may be granted under the following limited circumstances: a. The amount of water delivered to the appellant's property did not violate the rules and regulations as evidenced by either a demonstrable malfunction in the meter serving the customer's property or a billing error by the District. b. The amount of water used by the appellant's property exceeded the appropriate stage of administrative penalties as a result of a pipe leak (or leaks), but the customer fixed the leak(s) within fourteen (14) days pursuant to Ordinance No. 16-01. c. The appellant demonstrates the water use is needed for human health and/or safety reasons. 3. Denial of Appeal Request The decision by the General Manager or his/her designee to deny a request for appeal shall be final. Exhibit A YORBA LINDA WATER DISTRICT Water Shortage Administrative Penalty Appeal Request NOTICE OF DECISION Pursuant to Ordinance No. 16-01 Name: Account#: Bill Date: Service Address: Street City Zip Request Decision: ❑ Approved ❑ Conditionally Approved ❑ Denied Decision Reason: Reviewer's Signature: Date: The decision by the General Manager or his/her designee to deny a request for appeal shall be final. RECEIVED APR 112016 YORBA LINDA WATER DISTRICT AFFIDAVIT OF PUBLICATION By 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 PROOF OF PUBLICATION 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 news- YORRA LINDA WATER DISTRICT SUMMARY OF PROPOSED ORDINANCE Notice is hereby given that on April 14,2016,the Board of Directors will consider adop- paper has been adjudged to be a newspaper of tion of an ordinance entitled:"ORDINANCE OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT REPEALING ORDINANCE NO.15-01 AND ADOPT- ING A FLEXIBLE WATER SHORTAGE ADMINISTRATIVE PENALTY STRUCTURE".This general circulation by the Superior Court of the Ordinance establishes a flexible water shortage administrative penalty structure that will allow the Board of Directors to enact or suspend an appropriate stage of penalties based on a finding regarding the District's customers'water usage,the District's water County of Orange, State of California,under the supply shortage stage under its water shortage contingency ordinance,the State We- ter RResources Control Board's percentage of conservation mandate to the District,or any other finding consistent with the ordinance. A certified copy of the complete text date of November 19, 1905, Case No. A-21046, of the Ordinance is posted and may be read at the Yorba Linda Water District s Admin- istration Building,1717 East Miraloma Avenue,Placentia CA 92870 or on the District's website(www.ylwd.com).Dated:March 31,2016/a/Marc Marcantonio,General Man- that the notice, of which the annexed is a true agar Publish:Orange County Register April 7,2016 R-614 10152667 printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: April 7,2016 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California,on Date: April 7,2016 1 y 'Signature The Orange County Register 625 N.Grand Ave. Santa Ana,CA 92701 (714)796-2209 RECEIVED MAY 3 2016 YORBA LINDA WAT R DISTRICT AFFIDAVIT OF PUBLICATION BY 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 PROOF OF PUBLICATION 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 news- paper 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 November 19, 1905, Case No. A-21046, that the notice, of which the annexed is a true YORBA LINDA WATER DISTRICT SUMMARY OF ADOPTED ORDINANCE Notice is hereby given that on April 14,2016,the Board of Directors adopted anqq�_,di- „ printed copy, has been published in each regular DA WATER DISTRICT REPEALING ORDINANCE NO. 115-01 AND ADOPTING ABFLEXI- BLE WATER SHORTAGE ADMINISTRATIVE PENALTY STRUCTURE".This Ordinance and entire issue of said newspaper and not in any establishes a flexible water shortage administrative penalty structure that will allow the Board of Directors to enact or suspend an appropriate stage of penalties based on a finding regarding the District's customers' water usage,the District's water suppply supplement thereof on the following dates, to shortage stage under its water shortage contingency ordinance,the State Water Re- sources Control Board's percentage of conservation mandate to the District,or any other finding consistent with the ordinance.Those voting for or against the Ordinance wit: are as follows:AYES:Directors Beverage,Collett,Hawkins,Kiley and Melton.NOES: None.ABSTAIN:None.ABSENT:None.A certified copy of the complete text of the Or- Apri120,2016 dinance is posted and may be read at the Yorba Linda Water Distract s Administration Building,1717 East Miraloma Avenue,Placentia CA 92870 or on the District's webeite (www.ylwd.com).Dated:April 14,2016/s/Marc Marcantonio,General Manager. "I certify (or declare) under the penalty of PPublish:Orange County Register April 20,2016 R-708 10156367 perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California,on Date: April 20,2016 i The Orange Con ty Register 625 N.Grand Ave. Santa Ana,CA 92701 (714)796-2209