Thursday, 28 March 2024

Ordinance adopting emergency water conservation restrictions for Paradise Valley

BOARD OF SUPERVISORS, COUNTY OF LAKE, STATE OF CALIFORNIA
ORDINANCE NO. 3001
AN URGENCY ORDINANCE ADOPTING EMERGENCY WATER CONSERVATION RESTRICTIONS
FOR
COUNTY SERVICE AREA NO. 16, PARADISE VALLEY


                THE BOARD OF SUPERVISORS OF THE COUNTY OF LAKE, STATE OF CALIFORNIA, ORDAINS AS FOLLOWS:

SECTION 1:          The Board of Supervisors adopts this ordinance to correct a serious water shortage and to meet emergency conditions in the water supply system of County Service Area No. 16 – Paradise Valley (CSA No. 16) and to promote the public health, safety and welfare of the citizens of said area.

                The Board finds these specific compelling reasons which necessitate the adoption of this ordinance.  They are as follows:

5.                   The aquifer in which the CSA No. 16 wells are located no longer produces a sufficient supply of water to serve the domestic water needs of CSA No. 16.

6.                   The current drought conditions throughout the State of California are further depleting the capacity of the wells and production capacity has decreased 8% over the most recent twelve month period.

7.                   The current water usage within CSA No. 16  has increased 10% and is straining the current well production and the ability to produce a sufficient supply of water.

8.                   During the summer months, more homes in CSA No. 16 will be occupied and the additional use will exceed the current well production which will result in a lack of water in the immediate future.

9.                   As a result of the above conditions, there has been and will be a serious water shortage emergency in said area resulting in the County being unable to meet the ordinary demands and requirements of water consumers in said area without depleting the water supply to a level that is insufficient to meet the needs for human consumption, sanitation and fire protection.

10.               This water shortage emergency in said area constitutes a substantial and imminent health and safety threat to the citizens of said county service area.

11.               This ordinance needs to be adopted as an urgency measure to be able to meet this water shortage emergency and alleviate this problem.

12.               A water shortage emergency condition has been declared to prevail within said area by this Board in accordance with the conditions and requirements set forth in Sections 350 et seq. of the California Water Code.

SECTION 2:          Pursuant to Water Code Sections 350 et seq., the following regulations and restrictions on the delivery of and consumption of water within County Service Area No. 16 – Paradise Valley are hereby approved and adopted, to be effective immediately:

6.       Any water use exceeding 500 cubic feet per month per single family dwelling unit equivalent will be surcharged in the amount of $10.47 per each 100 cubic feet.

7.       Any water use exceeding 750 cubic feet per month per single family dwelling unit equivalent will be surcharged $350.00 in addition to the $10.47 per each 100 cubic feet.

8.       All landscape and other outdoor water usage (including filling of swimming pools and hot tubs) of water served by CSA No. 16 shall be prohibited.  Use of water from fire hydrants is prohibited.

a.       Any person violating any of the use restrictions set forth above, shall pay a $350 surcharge for each day a violation occurs, on their bi-monthly water bill.

9.       The Special Districts Administrator is authorized to discontinue water service or install a water restrictor device at the water meter to any water user who willfully and continuously violates the restrictions of this ordinance.

10.   Service Line Connection:  No new service connections will be allowed throughout the duration of the effectiveness of this ordinance.

SECTION 3:          This ordinance is an urgency ordinance for the immediate preservation of the public peace, health, and safety and shall take effect immediately in accordance with Section 25123 of the Government Code of the State of California.  The facts constituting such urgency are:

3.       There has arisen a water shortage emergency in County Service Area No. 16 – Paradise Valley resulting in the depletion of the water supply to a level insufficient for ordinary demands for human consumption, sanitation and fire protection.

4.       This water shortage emergency constitutes a health and safety threat due to the County’s inability to effectively insure an adequate supply of water for health and safety purposes without the immediate adoption of the above regulations and use restrictions.

SECTION 4:          Administrative penalties may be imposed, enforced and collected for violations of this ordinance as set forth in Article VII of Chapter 13 of the Lake County Code.

SECTION 5:          If any section, subsection, sentence, paragraph, phrase, or clause of this ordinance shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this ordinance, which shall remain in full force and effect; and to this end the provisions of this ordinance are hereby declared to be severable.

SECTION 6:          This project qualifies for a Class 7 Categorical Exemption pursuant to Section 15307 of the California Environmental Quality Act (CEQA) Guidelines because the action being taken will protect an existing groundwater aquifer and provide an opportunity for restoration of said aquifer.

SECTION 7:          This ordinance shall take effect March 13, 2014 and shall terminate at such time as the Board of Supervisors declares the water shortage emergency condition in said area to no longer exist.

SECTION 8:          Before the expiration of fifteen days after the passage of this ordinance, it shall be published at least once in a newspaper of general circulation printed and published in the County of Lake.

The foregoing ordinance was introduced before the Board of Supervisors on the 4th day of March, 2014, and passed by the following vote on the 4th day of March, 2014:

               
AYES:  Supervisors Comstock, Smith, Farrington, Brown and Rushing
NOES:  None
ABSENT OR NOT VOTING: None

SIGNED BY:
DENISE RUSHING, CHAIR, BOARD OF SUPERVISORS
ANITA L. GRANT – COUNTY COUNSEL
MIREYA G. TURNER – ASST. CLERK OF THE BOARD

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