Supervisors approve urgency ordinances for Paradise Valley, Starview and Bonanza Springs water districts
LAKEPORT, Calif. – On Tuesday the Board of Supervisors approved a request by Lake County Special Districts to pass urgency ordinances requiring conservation for three county-run water districts.
Special Districts Administrator Mark Dellinger asked for the urgency ordinances for the Paradise Valley, Starview and Bonanza Springs water systems, where well production has dropped while consumption has continued to increase.
Specifically, Dellinger asked for, and received, unanimous approval from the board to move all three districts from step one in Special Districts' drought management plan, which is voluntary conservation, to step three, which is mandatory conservation measures and revised water rates implemented through urgency ordinances.
Step two would involved initiating mandatory conservation measures, and step four involves implementing an urgency ordinance with stringent consumption limits and penalties.
Paradise Valley's urgency ordinance takes effect March 13, and requires that monthly usage be kept under 500 cubic feet, or 3,740 gallons.
For Starview and Bonanza Springs, customers would be urged to keep water usage under 900 cubic feet, or 6,732 gallons on a monthly basis, or face higher costs, according to the urgency ordinances, which go into effect on March 14 and April 12, respectively.
Water overages in all of the districts will result in customers being charged at a higher rate, along with a $350 fee.
Dellinger offered separate reports for each of the districts during three short public hearings.
Regarding Paradise Valley, located between Lucerne and Clearlake Oaks, Dellinger said consumption currently is 10 percent over the same billing period last year.
Merely getting more money into the system – through fines – won't help; rather, conservation is needed, said Dellinger.
“We need to provide education and outreach to the people that don’t get it or don’t want it, don’t want to hear the message,” said Dellinger, adding he's willing to go door to door and that members of the community are volunteering to help.
“We have to get the message out,” said Dellinger, who plans a March 22 meeting with the Paradise Valley community.
The three Paradise Valley wells produce between one and 12 gallons a minute to serve 79 connections, according to Dellinger.
Special Districts Compliance Coordinator Jan Coppinger told the board that implementing the urgency ordinance in Paradise Valley would affect seven customers.
She said all of the district's customers were sent letters at the start of the year about the need to conserve, with a copy of the ordinance and information about the Tuesday hearing sent to residents, with plans also to contact residents in person.
“We have numerous things and tools that we will give to them to help them get their usage down,” including low-flow devices, said Coppinger.
Carol Scheffer, president of the Paradise Valley homeowners association board, said they support the ordinance. She raised concerns about monitoring use, noting bills only go out every two months.
Scheffer said the association is working with the Clearlake Oaks water district on a plan to connect through a pipeline to Glenhaven that's expected to cost $1.5 million to build.
Regarding the Starview District, located on Cobb, Dellinger said the wells' output have dropped 12 percent over the last 12-month billing period, while for the same time frame consumption is up by 26 percent.
Dellinger said 23 of the district's 147 customers have not made efforts to conserve and have used more than 45 percent of all the water used by that County Service Area during the last billing cycle. The average use is 127 gallons a day, but some customers are using as much as 1,100 gallons a day.
He said he was concerned about how the situation will look this fall if there isn't a normal rain pattern. “Taking these actions now protects us and gets us through the next rain year.”
In response to a community member's question about how long the urgency ordinance might be in effect, Dellinger said he would love to have it removed as soon as possible, but it depends on how much rain the county gets in the days ahead.
“We've had miracle Marches before, I hope we get another one,” said Dellinger.
In the Bonanza Springs district, another groundwater system that's also located in the Cobb area, the two primary wells' output has dropped 16 percent over the past 12 months. While there has been significant conservation, Dellinger said 26 of the 169 customers have not make attempts to conserve; those 26 customers are using slightly over 50 percent of water used in the system.
The average daily use in Bonanza Springs was 138 gallons per day in the last billing cycle, with some customers using as much as 2,200 gallons a day, Dellinger said.
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Clearlake City Council plans special March 6 meeting on sales tax
CLEARLAKE, Calif. – The Clearlake City Council will hold a special meeting to get a report on the sales tax measure it has approved placing on the June ballot.
The meeting will take place beginning at 4 p.m. Thursday, March 6, in the council chambers at Clearlake City Hall, 14050 Olympic Drive.
The council will meet to discuss a report by City Manager Joan Phillipe and City Attorney Malathy Subramanian on the proposed 1-percent general sales tax measure approved by the council at its Feb. 27 meeting.
Phillipe and Subramanian also will report on the city's ability to put the tax on the June 3 ballot.
A general tax would simply need a majority vote to become law. Two previous specific tax measures, Measure G and Measure H, failed in November 2012 and November 2013, respectively, after falling short of the needed 66 percent supermajority vote, as Lake County News has reported.
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Supervisors get water report, approve emergency drought declaration
LAKEPORT, Calif. – The Board of Supervisors on Tuesday unanimously passed an emergency declaration due to the county's drought conditions, an action officials said will make the county eligible for state drought relief funds.
The passage of that declaration came at the end of a discussion on county drought conditions and groundwater issues that included Scott De Leon, head of the county's Water Resources Department, along with Special Districts Administrator Mark Dellinger and Community Development Director Rick Coel.
In January, when Dellinger had given the board an update on his agency's drought management plan, the board asked De Leon to come back with a more comprehensive report on the drought situation.
De Leon explained that Water Resources monitors five groundwater basins in Lake County – Big Valley, Upper Lake/Bachelor Valley, Scotts Valley, High Valley and Coyote/Collayomi Valley.
He showed a well hydrograph of Big Valley's groundwater basin with water level numbers that resembled those of the 1976 drought.
“Things are not looking good,” said Tom Smythe, an engineer with Water Resources.
However, Smythe added that, overall, the readings on the groundwater wells doesn't indicate that the basins are yet in dire need.
“I think it’s incumbent upon us to take a leadership role as stewards of the groundwater and collaborate with a variety of groups and make people aware of where we’re at with respect to the water and the lake elevations,” said De Leon.
He said that, in general, he believes that the major groundwater basins are OK, but added, “If the rain stops today, this discussion is going to be a whole lot different a year from now.”
De Leon also suggested that the county needed to be thinking of more comprehensive and overall management strategies for groundwater, and use the drought as a “kick in the pants” to get going on that effort.
“Other than monitoring, we really don’t do a lot of management,” said De Leon.
On Tuesday, Clear Lake was at 1.60 feet Rumsey, said De Leon. The average lake location in the first week of March is 5.9 feet Rumsey, he added.
While the county is significantly behind on rainfall, De Leon said the hillsides are saturated, resulting in runoff. When there is hillside saturation, 1 inch of rain equals 4 inches of lake elevation, with De Leon explaining that the county needs 13 inches of rain to get caught up on its historical lake level.
Supervisor Rob Brown asked well driller Dan McMullen – who was in the audience because he said he wanted to make sure there wasn't a moratorium on well drilling – to discuss what he's been finding as he's drilling wells.
“It's as busy as it’s ever been, drilling replacement wells,” said McMullen, noting that he's not drilling too many new wells.
In response to questions from Brown about well drilling depths, McMullen said he's drilling deeper in known groundwater basins, but it's dependent on place. A 20-foot-deep aquifer in Middletown went dry, and to get to the next layer of water he needed to drill to 150 feet, where the water was locked in clay.
However, the Big Valley area is in good shape, said McMullen, who drilled a well for an organic walnut orchard there last fall. There, he found water at 14 feet, but in Big Valley the water level is usually down only 4 feet.
Habematolel Pomo Environmental Director Paula Britton said that when it comes to groundwater, what is being used now is last year's water. She said tribal wells she's monitoring in the Middle Creek drainage are down 5 to 6 feet.
Britton said more stringent measures need to be taken, and there needs to be more talk about conservation, with everyone making an effort to meet the governor's proposal for 20 percent conservation.
Sarah Ryan, environmental director for Big Valley Rancheria, said she was pleased to see different agencies working together, and added that Lake is one of the counties leading the way in terms of such collaboration.
Ryan suggested the current drought situation is an opportunity to be proactive. She said that includes having the Community Development Department change the way it looks at projects and encouraging projects for recharging groundwater.
During the discussion, Board Chair Denise Rushing pointed out that there is new legislation around compost toilets, but counties first need to come up with plans to allow for them. She said Mendocino County is looking at compost toilet use and she suggested that Lake County look at what Mendocino is doing.
She acknowledged that there are complex issues around groundwater and offered the possibility that the county have a permitting process to determine beneficial uses when it comes to allowing for groundwater export.
Dellinger said people in California and the Western United States “need to view water much differently than we do. We have to change our behavior. And that’s the problem we face right now.”
He added, “We have to be able to use less water in a climate like this,” explaining that Lake County's climate is not conducive to having lawns.
County Administrative Officer Matt Perry told the board that to qualify for drought relief funds, the county needed to declare a state of emergency, and he presented to them with the emergency resolution.
Ryan said the resolution should be presented to the public before the board voted on it, noting that it had not been included in the agenda packet released last week.
Rushing said it was given to the board on Monday, and she read it out loud for the audience.
Ryan was concerned with it being accepted immediately, and wanted more time to consider it and take it to her tribal council.
Part of the document stated, “It is requested that the Governor of the State of California waive regulations that may hinder response and recovery efforts, make available California Disaster Assistance Act funding for the State of Emergency proclaimed on January 17, 2014, and seek all available forms of Federal disaster assistance and relief programs, to include Presidential Declaration of Emergency ...”
Ryan questioned what regulations may be waived. Rushing said that would be up to the state.
Jeff Tyrrell, a representative from state Sen. Noreen Evans office, explained that part of the governor's response was to expedite the recycling of water and recapture of stormwater.
The board would eventually change the word “waive” to “streamline.” Tyrrell explained that he believed that such measures would be taken only for projects that already are planned, with Rushing adding that, in that case, it wouldn't apply to Lake County.
Brown offered the resolution, which the board accepted 5-0.
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030414 Board of Supervisors - Water Report and Drought Emergency Proclamation
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Clearlake City Council accepts new speed zone study; some speed limits increase due to new state rules
CLEARLAKE, Calif.–The Clearlake City Council last Thursday accepted the latest city speed zone study.
The study was completed by traffic engineer Phil Dow of the Lake County Area Planning Council (APC).
Performance of the study is required every five years in accordance with California Vehicle Code. The city's last study was completed in 2008.
Dow said the study is mandatory to support the proper traffic enforcement of speed limits within the city.
The study specifically includes consideration of prevailing speeds as determined by traffic engineering measurements; accident records; and highway, traffic and roadside conditions not readily apparent to the driver.
Prevailing speed is considered to be that speed at and below which 85-percent of sampled vehicles travel. Dow said this is typically the speed limit that is selected unless records indicate that the speed limit should be adjusted downward or unless there are roadway conditions that indicate otherwise.
Concern for the possible use of "speed traps" to generate city revenues led to a statewide committee review that resulted in the implementation of new guidelines in 2009.
Dow said the effect of the guidelines' adjustment is a reduction in latitude afforded professional judgment.
He said in some instances the implementation of the new guidelines can result in a 10 mile per hour increase in the recommended speed limit given the same data under the old rules.
There is now more reliance on the 85th percentile speed and the recommended speed cannot be less than 5 miles per hour of the monitored 85th percentile speed, he said.
"The issue I have with the new policy is that it is too restrictive," Dow said.
Dow said the guidance is likely to be applicable within a system of engineered highways that are built to modern standards.
However, he added, it is not applicable to rural areas that have roads with limited right-of-way, are narrow, lack shoulders, have numerous obstacles, lack pedestrian features and have sight distance limitations due to horizontal and vertical curvature.
"Regardless," Dow said, "California is urban-dominated and we sometimes have to live with policies developed in an urban-dominated viewpoint."
Dow said because of the five-year cycle, the 2013 Speed Zone Study is the first one completed after issuance of the new guidelines.
As a result, he said, several city streets are recommended for speed increases.
Those proposed increases included raising the speed from 30 to 35 miles per hour for 40th Avenue from Highway 53 to Wilkinson, Austin Road from Redwood to Old Highway 53, Burns Valley Road from Rumsey to Arrowhead, and Moss Avenue from 40th to Davis; from 35 to 40 miles per hour for Dam Road from Dam Road Extension to Lake; and from 25 to 30 miles per hour for Lakeshore Drive from Olympic to Old Highway 53.
While all members of the council expressed reluctance in increasing any speed limits within the city, the study, including recommendations was accepted unanimously.
"We have to accept these (recommendations) or our speed limits are not enforceable," Vice Mayor Gina Fortino Dickson said.
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Supervisors to consider emergency water restrictions, groundwater issues
LAKEPORT, Calif. – Water will be among the main topics at this week's Board of Supervisors meeting, as the county considers implementing emergency water restrictions in several county-operated water districts and looks at issues of groundwater supply.
The board will meet beginning at 9 a.m. Tuesday, March 4, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport. TV8 will broadcast the meeting live.
Special Districts Administrator Mark Dellinger will go to the board to ask for passage of pass proposed urgency ordinances adopting emergency water conservation restrictions in the county-operated Paradise Valley, Starview and Bonanza Springs water systems.
Public hearings are scheduled for 11:30 a.m. for Paradise Valley, County Service Area No. 16; 11:40 a.m. for Starview, County Service Area No. 18; and 11:50 a.m. for Bonanza Springs, County Service Area No. 7.
Dellinger's reports to the board note that critically low water tables are threatening the wells in the three water districts, where customers currently are on the first of four steps in a drought management plan.
The first step calls for voluntary conservation, the second for initiating mandatory conservation measures, with step three involving mandatory conservation measures and revised water rates implemented through urgency ordinances. Step four requires the implementation of an urgency ordinance with stringent consumption limits and penalties.
Dellinger is requesting that the board approve urgency ordinances that would move all three districts from step one to step three in the plan.
The urgency ordinance for Paradise Valley is structured to encourage all customers to keep usage under 500 cubic feet, or 3,740 gallons, per month, with usage over that amount being charged at a higher rate.
For Starview and Bonanza Springs, customers would be urged to keep water usage under 900 cubic feet, or 6,732 gallons on a monthly basis, or face higher costs, according to the urgency ordinances.
Dellinger said his department will continue to monitor all of the systems closely and provide the board with regular updates.
At 1:30 p.m., Special Districts, Community Development and Water Resources will give a presentation to the board on countywide groundwater use issues.
As part of that discussion, the board will consider options to address drought conditions in Lake County and consider a request from staff for direction regarding updates to Chapter 28 of the Lake County Code pertaining to the exportation of groundwater.
In other business on Tuesday, at 9:10 a.m., the board will honor Lake County Record-Bee Sports Editor Brian Sumpter for his 30 years on the job covering high school and other local sports.
At 10:45 a.m. the board will continue a discussion held over from Feb. 4 in which it will consider proposed interim interfacility transfer operating procedures for Lake County ground ambulance providers.
In an untimed item, the board will consider a proposed resolution in support of “Measure N,” the county ordinance regulating the cultivation of medical marijuana set to go on the June 3 ballot due to a referendum effort.
The full agenda follows.
TIMED ITEMS
9 a.m., A-1 to A-4: Approval of consent agenda, which includes items that are expected to be routine and noncontroversial, and will be acted upon by the board at one time without discussion; presentation of animals available for adoption at Lake County Animal Care and Control; consideration of items not appearing on the posted agenda, and contract change orders for current construction projects.
9:05 a.m.: Citizen's input. Any person may speak for three minutes about any subject of concern, provided that it is within the jurisdiction of the Board of Supervisors and is not already on the agenda. Prior to this time, speakers must fill out a slip giving name, address and subject (available in the clerk of the board’s office, first floor, courthouse).
9:10 a.m., A-5: (a) Presentation of proclamation designating the month of March 2014 as March for Meals Month; and (b) presentation of commendation to Brian Sumpter for his career as the Record-Bee sports editor.
9:15 a.m., A-6: Continued from Jan. 28, hearing on nuisance abatement of 10546 East Road, Witter Springs, CA (APN 003-015-10 - Norman Valdez).
9:45 a.m., A-7: Continued from Jan. 28, (a) consideration of compliance review pursuant to minor use permit (MUP 06-63); and (b) consideration of staff request for board direction regarding land use conflicts and amendments to MUP 06-63.
10:45 a.m., A-8: Continued from Feb. 4, consideration of proposed interim interfacility transfer operating procedures for Lake County ground ambulance providers.
11 a.m., A-9: Hearing, nuisance abatement assessment confirmation and proposed recordation of notice of lien in the amount of $8,721.09, for 2983 Lakeview Drive, Nice (APN 031-113-440 - William Rapp).
11:10 a.m., A-10: Hearing, nuisance abatement assessment confirmation and proposed recordation of notice of lien in the amount of $5,299.89, for 3180 Reed St., Nice (APN 030-194-16 - Evie A. Soute).
11:20 a.m., A-11: Public hearing, consideration of non-substantive changes requested by the Board of Equalization to the ordinance adding Article VI to Chapter 18 of the Lake County Code imposing a transaction and use tax pursuant to Revenue and Taxation Code Section 7285.5 of one-half of one percent for the Lake County Water Quality, Aquatic Invasive Species, and Nuisance Aquatic Weed and Algae Programs and establishing an expenditure plan for the revenues generated.
11:30 a.m., A-12: Public hearing, consideration of proposed urgency ordinance adopting emergency water conservation restrictions for County Service Area No. 16, Paradise Valley Water System.
11:40 a.m., A-13: Public hearing, consideration of proposed urgency ordinance adopting emergency water conservation restrictions for County Service Area No. 18, Starview Water System.
11:50 a.m., A-14: Public hearing, consideration of proposed urgency ordinance adopting emergency water conservation restrictions for County Service Area No. 7, Bonanza Springs Water System.
1:30 p.m., A-15: (a) Presentation of countywide groundwater use issues; and (b) consideration of options to address drought conditions in Lake County; and (c) consideration of request for board direction regarding updates to Chapter 28 of the Lake County Code pertaining to the exportation of groundwater.
NONTIMED ITEMS
A-16: Supervisors’ weekly calendar, travel and reports.
A-17: Consideration of reappointment of Agriculture Commissioner and Sealer of Weights and Measures Steve Hajik to four-year term.
A-18: Consideration of proposed resolution in support of “Measure N,” the county ordinance regulating the cultivation of medical marijuana
A-19: (a) Consideration of proposed memoranda of understanding between the county of Lake and the Lake County Employee’s Association (LCEA) for Units 3, 4 and 5; (b) consideration of proposed amendment to Resolution No. 2013-62 establishing Salaries and Fringe Benefits for Confidential Unit, Section A, for Fiscal Year 2013-14; (c) consideration of proposed amendment to Resolution No. 2013-63 establishing Salaries and Fringe Benefits for Management Employees for Fiscal Year 2013-14; and (d) consideration of proposed amendment to Resolution No. 2013-64 establishing Salaries and Fringe Benefits for Confidential Unit, Section B, for Fiscal Year 2013-14.
A-20: Consideration of recommendations to bolster code enforcement activities.
A-21: Consideration of request to award bid SD 13-30 for one new AquaTech Vacuum Truck.
CLOSED SESSION
A-22: 1. Conference with labor negotiator: (a) county negotiators: A. Grant, L. Guintivano, S. Harry, M. Perry, A. Flora and C. Shaver; and (b) employee organizations: Deputy District Attorney's Association, Lake County Deputy Sheriff's Association, Lake County Correctional Officers Association, Lake County Employees Association and Lake County Safety Employees Association.
A-22: 2. Public employee evaluations: Agriculture Commissioner Steve Hajik and Registrar of Voters Diane Fridley.
CONSENT AGENDA
C-1: Approve minutes of the Board of Supervisors meetings held on Feb. 11 and 18, 2014.
C-2: (a) Adopt proclamation designating the month of March 2014 as March for Meals Month; and (b) adopt commendation to Brian Sumpter for his career as the Record-Bee sports editor.
C-3: Adopt resolution amending Resolution No. 2013-95 to amend the Adopted Budget for FY 2013-14 to transfer money to Budget Unit 2711 - Spay-Neuter Programs to operate the Animal Control Clinic.
C-4: Authorize destruction of 2007-08 Deposit Permits, 2007-08 Receipts Duplicates Records, 2007-08 Department Time Cards/Time Off Requests, 2007-08 Time Reports & Hours Proof, 2007-08 Vacation & Sick Accruals (Year End), 1997-98 Warrant Registers, 2000-01 Tax Rolls - Secured, 2007-08 Tax Rolls - Unsecured and 2000-01 Tax Rolls - Delinquent Secured per Auditor-Controller/County Clerk memorandum dated February 12, 2014.
C-5: (a) Waive normal bidding process, determining no economic benefit; and (b) approve agreement between the county of Lake and SouthTech Systems for Form 700 processing system, total amount $16,890, with annual cost of $2,638, and authorize the chair to sign.
C-6: Adopt resolution approving Lake County Health Services Department to submit acceptance paperwork from the California Department of Public Health (CDPH) Tuberculosis Control Branch (TBCB) for real-time allotment funding for tuberculosis (TB) cases in Lake County in the amount of $10,070 and authorizing the Director of Health Services to sign said paperwork.
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