2015-047 - Adopting Penalties for Noncompliance with Water Conservation

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H. On June 2, 2015, the City Council, as the governing body of the City of Santa Ana Water Resources Division, a water distributor, declared that water shortage emergency conditions prevail within the area served by the City and, pursuant to Santa Ana Municipal Code section 39 -105 and Water Code sections 350 and 353, the City Council declared a Phase 2 Water Supply Shortage and ordered that water customers must reduce their monthly total potable water consumption by 12 %, using 2013 as the base year. Section 2. Pursuant to Santa Ana Municipal Code sections 39 -111 and 39 -112 and consistent with California Water Code sections 375 and 377, and for the reasons set forth herein, the City Council declares that water customers that do not reduce their monthly total potable water consumption by 12 %, using 2013 as the base year, will be subject to a penalty of $4.65 per hundred cubic feet (HCF) for water used in excess of the customer's conservation target. This volumetric penalty will be assessed only on water use beyond the conservation target. Relief from compliance from Phase 2 water use curtailment provisions shall be available upon proper showing under Santa Ana Municipal Code Section 39 -113. Section 3. The sole purpose of the penalty /fine is to compel water users to comply with enacted water conservation use restrictions as required by both the City's and State's emergency drought regulations. Section 4. All monies collected from the established volumetric penalties are restricted and will only be used in water conservation related expenses. Section 5. The administrative appeal procedures that shall govern the imposition, enforcement, collection and administrative review of the volumetric penalties imposed for failure to comply with water curtailment shall be those procedures contained in Chapter 3 of the Santa Ana Municipal Code. Section 6. The penalties in this resolution shall remain in effect until the supply of water available for distribution within such area has been replenished or augmented, at which time the City Council will declare an end to the water shortage emergency by resolution. Section 7. All customers are urged to reduce water usage by following water conservation practices inside and outside the home. Section 8. Business owners are encouraged to take steps to improve their water use processes. Section 9. The City encourages infrastructure upgrades to the water system involving (1) technology which provides up -to -date use information and trends to Resolution No. 2015 -047 Page 2 of 4