BOARD OF SUPERVISORS
COUNTY OF LAKE, STATE OF CALIFORNIA
ORDINANCE NO. 3010

AN URGENCY ORDINANCE ADOPTING EMERGENCY WATER CONSERVATION RESTRICTIONS FOR COUNTY SERVICE AREA NO. 6, FINLEY WATER

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 water shortage and to meet emergency conditions in the water supply system of County Service Area No. 6, Finley Water System 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:

1.                Current drought conditions throughout the State of California have caused depletion of the water tables and  aquifer that supply the wells for County Service Area  No. 6, Finley Water System.

2.                As a result of the above conditions, there is a certain probability of water shortages in said area resulting in the system 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 provide for human consumption, sanitation and fire protection.

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

4.                This ordinance needs to be adopted as an urgency measure to address this water shortage and attempt to alleviate this problem.

5.                A water shortage condition has been declared to prevail in County Service Area No. 6, Finley Water System 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. 6, Finley Water System are hereby approved and adopted, to be effective immediately:

1.      Any water use exceeding 1,600 cubic feet per month (3,200 cubic feet per bimonthly billing cycle) per single family dwelling unit equivalent will be surcharged in the amount of $12.00 per each 100 cubic feet.

2.      Any water use exceeding 2,500 cubic feet per month (5,000 cubic feet per by-monthly billing cycle) per single family dwelling unit equivalent will be surcharged $350.00 in addition to the $12.00 per each 100 cubic feet over 1,600 per month.

3.      Any water use exceeding 4,000 cubic feet per month (8,000 cubic feet per bimonthly billing cycle) per single family dwelling unit equivalent will be surcharged $700.00 in addition to being charged $12.00 per hundred cubic feet for each 100 cubic feet over 1,600 per month.

4.      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.

5.      Additional administrative penalties may be imposed, enforced and collected for repeated violations of     this ordinance as set forth in Article IV of Chapter 13 of the Lake County Code.

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:

1.      There has arisen a potential and eminent water shortage in County Service Area  No. 6, Finley Water resulting in the depletion of the water supply to a level insufficient for ordinary demands for human consumption, sanitation and fire protection.

2.      This water shortage emergency constitutes a health and safety threat due to the system’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 July 22, 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 22nd day of July, 2014, and passed by the following vote on the 22nd day of July, 2014:

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

SIGNATURES:
DENISE RUSHING – CHAIR, BOARD OF SUPERVISORS
ANITA GRANT – COUNTY COUNSEL
ALICIA FLORES – ASST. CLERK OF THE BOARD

By: Sara Shucart
Administrative Assistant