Ord 0090 07/1990ORDINANCE NO. 90
AN ORDINANCE OF THE VALLECITOS WATER DISTRICT
AUTHORIZING THE GENERAL MANAGER TO RESTRICT
THE USE OF WATER AS A RESULT OF A SYSTEM FAILURE
BE IT ORDAINED by the Board of Directors of the Vallecitos Water
District ("District") as follows:
SECTION 1: PURPOSE. Water Code sections 31026 et seq.,
authorize the District to impose water conservation measures and to
restrict the use of water during a threatened or existing water shortage.
If a failure were to occur in any portion of the District's water supply
system, or in any portion of another agency's system providing water to the
District, from any cause, the District would be unable to provide adequate
water service to its customers until the failure was corrected. This
ordinance is intended to give the General Manager, or his designee,
authorization to manage the water system and available water supply in the
event of a failure of the District's water supply system, or any system
providing water to the District, including the express authority to declare
a temporary moratorium on outside water usage and to limit or curtail
agricultural and golf course use of imported water for irrigation purposes
until service is restored.
SECTION 2: FINDINGS. The Board of Directors of the District
hereby finds and determines that an emergency will exist as a result of the
failure of any portion of the District's water supply system, or of any
system providing water to the District, requiring prompt action to protect
the District's water supply for human consumption, sanitation, and fire
protection purposes until the failed system is repaired. The Board of
Directors of the District finds and determines that without prompt action
there will be insufficient water for human consumption, sanitation, and
fire protection purposes, thereby impairing the health and safety of the
District's customers.
SECTION 3: AUTHORITY OF GENERAL MANAGER. In the event of a
failure of any portion of the District's water supply system, or any system
providing water to the District, from any cause, the General Manager is
hereby authorized to take all actions determined necessary by the General
Manager to manage the water system and available water supply including,
but not limited to, curtailment of agricultural users and golf courses
using imported water for irrigation purposes and declaration of a
moratorium prohibiting all outside watering until the system has been
repaired. The General Manager is further authorized to take all actions
necessary to allocate the available water supply among the District's
customers and to restore service at the earliest possible time. The
General Manager shall contact the President of the Board of Directors of
the District if possible before declaring a temporary moratorium and obtain
approval of the President of the Board of Directors of the District for
this action. The General Manager or his representative shall notify as
many newspapers, radio stations, and television stations as possible
concerning all actions taken by the General Manager to restrict or allocate
the use of water and shall post notices of actions taken to restrict the
use of water in as many public places as possible. The General Manager or
his representatives shall maintain a list of all persons the General
Ordinance No. 90
Page Two
Manager or his representatives notified or attempted to notify. Upon
restoration of the District's water supply system, the General Manager
shall have the authority to terminate the moratorium.
SECTION 4: AUTHORITY OF GENERAL MANAGER'S DESIGNEE. In the
event the General Manager is absent or unavailable during any failure of
the District's water supply system, or any system providing water to the
District, all powers granted to the General Manager by Section 3 shall be
exercised by the General Manager's designee.
SECTION 5: BOARD MEETING. The President of the Board of
Directors of the District shall call an emergency or special meeting of the
Board of Directors of the District as soon as possible after discovery of
the failure in the water supply system for the purposes of receiving a
report from the General Manager, or his designee, on the status of the
failure and any actions taken by the General Manager, or his designee, and
to authorize any additional actions determined appropriate by the Board of
Directors.
SECTION 6: PENALTY. Any person, corporation, or association
who violates any limitation or restriction on water service adopted by
action of the General Manager, or his designee, shall be guilty of an
offense and, upon commission, shall be punished by imprisonment in a County
jail for not more than thirty (30) days, by a fine not to exceed six
hundred dollars ($600), or by both. In addition, water service to any
District customer violating emergency measures imposed in accordance with
this ordinance, after receiving one (1) warning notice posted at the
customer's address, may be subject to termination of service or
restrictions on further service until the failure has been repaired and
service restored.
SECTION 7: EFFECTIVE DATE AND REPEAL. This ordinance shall
become effective immediately upon adoption and shall be published within
ten days of adoption pursuant to California Water Code Section 31027. This
ordinance shall remain in effect until repealed by formal action of the
Board of Directors of the District.
PASSED, APPROVED AND ADOPTED this 2nd day of July, 1990, by the
following roll call vote:
AYES: Blalock, Burton, Ferguson, Mason
NOES:
ABSTAIN:
ABSENT: Newport
Dale Mason, President
Board of Directors
Vallecitos Water District
ATTEST:
William W. Rucker, Secretary
Board of Directors
Vallecitos Water District