REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE:  November  14, 2017
CATEGORY:  Scheduled Hearings - General Government-24.

SUBJECT:

County Service Area (CSA) No. 6-Penalty Due Process Hearing/Appeal-McKendry

Supervisorial District No. :  3

DEPARTMENT CONTACT:  Julie Hope, Principal Administrative Analyst, (530) 225-5550

STAFF REPORT APPROVED BY:  Julie Hope, Principal Administrative Analyst

RECOMMENDATION

Take the following actions regarding Ordinance No. 719, an Urgency Ordinance declaring a water shortage emergency and a necessity for a water conservation program and adopting a water conservation program for County Service Area No. 6-Jones Valley Water: (1) Consider the imposition of a water bill penalty for Assessor's Parcel Number 304-100-020, (McKendry); (2) conduct a public hearing pursuant to Shasta County Code sections 1.12.05 and 8.28.050 and Shasta County Administrative Policy 1-101, Rule 8; (3) close the public hearing; (4) impose, modify, or not impose the civil penalty; and (5) provide direction to staff.

SUMMARY

Ordinance No. 719 established penalties for excessive use. The rate payer received a civil monetary penalty and has requested a hearing regarding the penalty.

DISCUSSION

The Board adopted and enacted Ordinance No. 719 on June 27, 2017. Absent an approved variance, the maximum daily water use was limited to 225 gallons per day.

Section 5., Water Use Limitations, subsection (D) states: "Any customers whose use has been found to exceed the above-prescribed maximums during a bi-monthly billing cycle shall be subject to civil monetary penalties in addition to the regular bi-monthly bill as follows:

$100 for the first violation, and

$150 for the second violation, and

$200 for the third and any subsequent violation, and

$1,000 for extraordinary situations where all of the following has occurred:

-The residential user had actual knowledge of the requirements found to be violated, and

-the conduct was intentional, and

-the amount of water involved was substantial. “Substantial” is defined as an amount equal to, or exceeding, 10 times the Water Use Limitations set forth in Section 5 of this ordinance."

The penalty billing included the following language: “You may appeal the Usage Penalty to the Shasta County Board of Supervisors by filing a written appeal. The water consumer’s written appeal must be received by the Clerk of the Board (1450 Court St., Suite 308B, Redding, CA 96001-1673) within 30 days of the date of the Usage Penalty. The Clerk of the Board shall set the matter for hearing before the Board of Supervisors and shall inform the water consumer of date, time and place of the hearing of the appeal and shall inform the water consumer seeking the appeal of the decision of the Board of Supervisors. The decision of the Board of Supervisors shall be final and conclusive.”

The McKendry’s submitted a request for a hearing regarding their July/August water bill penalty to the Clerk of the Board within the required 30-day filing period. On November 7, 2017, the Clerk of the Board notified the affected rate-payer via U.S. Mail regarding today's hearing for the BOS to consider their civil penalty. The BOS can consider all evidence, written or oral, presented during the hearing and make an independent (de novo) determination of the imposition of the civil penalty. McKendry’s maximum daily allowed use (including any approved variance) was 325 gallons per day (gpd). Their actual daily use was 430 gpd. The penalty imposed was $100.

ALTERNATIVES

The Board may choose to impose or not impose the civil penalty.

OTHER AGENCY INVOLVEMENT

County Counsel has reviewed the recommendation. The County Administrative Office has reviewed the recommendation.

FINANCING

There is potential General Fund impact dependent on the outcome of the Board's action(s).