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R 4659 RESOLUTION NO. 4659 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING A STAGE 1 WATER SHORTAGE EMERGENCY IN ACCORDANCE WITH CALIFORNIA WATER CODE SECTION 350 AND ARROYO GRANDE MUNICIPAL CODE SECTION 13.07.030 WHEREAS, on February 24, 2015 the City Council of the City of Arroyo Grande adopted Ordinance No. 669 adding Chapter 13.07 to the Arroyo Grande Municipal Code relating to Emergency Water Shortage Restrictions and Regulations; and WHEREAS, Section 13.07.030 provides that after holding a noticed public hearing in accordance with the requirements of Water Code Section 350, et seq., the City Council may declare a Stage 1 Water Shortage Emergency based upon a determination that there has been impacts to the City's water supply, and/or it has been determined that it is imminent that the City's water supply has or will become so limited that an emergency water shortage condition exists as far as the available water supply being less than projected demand; and WHEREAS, California Water Code sections 350 et seq. authorize the governing body of a public water supply distributor to declare that water shortage emergency conditions prevail within the area served by such distributor whenever it finds and determines that the ordinary demands and requirements of water consumers cannot be satisfied without depleting the water supply of the distributor to the extent that there would be insufficient water for human consumption, sanitation, and fire protection, and Water Code Section 353 provides that when such a water shortage emergency is declared the governing body shall adopt necessary regulations and restrictions on the delivery and consumption of water; and WHEREAS, on January 17, 2014, the Governor of the State of California proclaimed a state of emergency in the State of California due to current drought conditions in the state and the Governor's proclamation acknowledged that the State of California is experiencing extremely dry conditions that have persisted since 2012, and on April 25, 2014, the Governor issued a proclamation of a continued state of emergency under the California Emergency Services Act based on continuing drought conditions; and WHEREAS, on April 1, 2015, the Governor issued an Executive Order directing the imposition of further restrictions on water suppliers to achieve a statewide 25 percent reduction in potable urban water usage through February 2016, and the implementing regulations adopted by the State Water Resources Control Board mandate that the City of Arroyo Grande reduce its total potable water production by 28 percent for each month as compared to the amount of water used in the same month in 2013; and RESOLUTION NO. 4659 PAGE 2 WHEREAS, The City of Arroyo Grande has a limited water supply that consists of two primary sources: Lake Lopez and groundwater. The San Luis Obispo County Flood Control and Water Conservation District has developed the Lake Lopez Low Level Reservoir Response Plan (LRRP) which provides for a series of management procedures that are to be followed when the reservoir level drops below 20,000 acre feet which includes reduced municipal water deliveries. In addition, significant concerns exist regarding groundwater pumping and the potential for seawater intrusion; and WHEREAS, as a result of the reductions in the reservoir level at Lake Lopez the San Luis Obispo County Flood Control and Water District Zone 3 Advisory Board has implemented a 10% reduction in deliveries of water to Lake Lopez member agencies,including the City of Arroyo Grande. Additionally, based upon the concerns about seawater intrusion, the City has reduced pumping groundwater; and WHEREAS, these actions, and the recently imposed mandatory 28% cutback imposed by the State of California, combined with the ongoing drought, the fact that this years rainy season has ended and the continued decline in the City's available water supply, has resulted in City Staff having advised the City Council that it has determined that the City's water supply has or will become so limited that an emergency water shortage condition exists and the available water supply is less than projected demand; and WHEREAS, pursuant to Chapter 13.07 of the Arroyo Grande Municipal Code, based upon the foregoing determinations, City Staff has recommended that the City Council declare a Stage 1 Water Shortage Emergency and implement reductions in water usage based upon Historical Use, as defined in Section 13.07.010 and as further set forth in Exhibit A to this resolution; and WHEREAS, the City of Arroyo Grande is granted authority by Water Code Sections 350 et seq. and by Arroyo Grande Municipal Code Chapter 13.07 to declare a Stage 1 Water Shortage Emergency and adopt by resolution regulations and restrictions on the delivery and consumption of water; and WHEREAS, in accordance with the requirements of Arroyo Grande Municipal Code Section 13.07.030 and Water Code sections 351 and 352, a public hearing on this declaration was duly noticed and held on May 26, 2015. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does resolve, declare, determine, and order as follows SECTION 1. The foregoing Recitals are true and correct and are incorporated herein. RESOLUTION NO. 4659 PAGE 3 SECTION 2. Pursuant to Arroyo Grande Municipal Code Section 13.07.030 and Water Code section 350, et seq. and for the reasons set forth herein, the City Council of the City of Arroyo Grande hereby declares that a Stage 1 Water Shortage Emergency now exists throughout the area served by the City of Arroyo Grande and that there have been impacts on the City's water supply such that the available water supply is less than projected demand and that the demands and requirements of the City's water consumers cannot be satisfied without depleting the water supply of the City to the extent that there would be insufficient water for human consumption, sanitation and fire protection. Based on this condition and on concerns regarding the anticipated prolonged drought conditions, and pursuant to the Arroyo Grande Municipal Code and the authority in Water Code Section 353, the City Council hereby implements reductions in water usage based upon Historical Use, as further set forth in Exhibit A, which exhibit is attached hereto and incorporated herein, which the City Council finds are necessary and appropriate to protect the health, safety and welfare of the public. SECTION 3. In accordance with the provisions of Section 13.07.030, and as further set forth in Exhibit "A", all residential water customers shall be assigned a baseline amount of water based upon the amount of water used during the same billing period of the previous year prior to the adoption of this Resolution. All residential customers shall reduce water usage by the percentage amount set forth in Exhibit A. Such percentages may be modified or amended by the City Council as deemed necessary and appropriate. Commercial customers with irrigation meter accounts shall reduce water use as set forth in Exhibit A. Residential and Commercial customers shall be subject to mandatory penalties for failing to meet required water use reductions, as provided in Exhibit A. SECTION 4. All other water conservation rules, regulations, restrictions, definitions, enforcement procedures, violation provisions and appeal procedures, including but not limited to those contained in Arroyo Grande Municipal Code Section 13.05.030, shall remain in full force and effect. SECTION 5. The adoption of this Resolution declaring a Stage 1 Water Shortage Emergency is categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to 15307 of the State CEQA Guidelines (Actions by Regulatory Agencies for Protection of Natural Resources.) SECTION 6. If any section, subsection, sentence, clause, or phrase of this Resolution is for any reason held to be invalid, such determination shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed this Resolution and each and every section, subsection, sentence, clause, or phrase not declared invalid without regard to whether any portion of the Resolution would be subsequently declared invalid or unconstitutional. RESOLUTION NO. 4659 PAGE 4 SECTION 7. The restrictions and regulations adopted herein shall remain in effect for the duration of the Stage 1 Water Shortage Emergency declared by this Resolution, and until rescinded or modified by the City Council. This Resolution shall be effective immediately upon its adoption. On motion of Council Member Brown, seconded by Council Member Guthrie, and by the following roll call vote, to wit: AYES: Council Members Brown, Guthrie, Harmon, Barneich, and Mayor Hill NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 26th day of May, 2015. RESOLUTION NO.to PAGE 5 JIM I� LL, MAYOR ATTEST: -1 1 Ohl. KELLY ETM�►R , ITY CLERK • "R0 it 4. TO CO . i !�mI I1 11I R•B-RT CFALL, INTERIM CITY MANAGER APPROVED AS TO FORM: -- __, Z-- -,_.--------- HEATHER WHITHAM, CITY ATTORNEY EXHIBIT "A" CITY OF ARROYO GRANDE RESOLUTION DECLARATION OF A STAGE 1 WATER SHORTAGE EMERGENCY A. ASSIGNMENT OF BASELINE WATER AMOUNT BASED UPON HISTORICAL USE All residential customers and commercial customers with irrigation meters will be assigned a Baseline Water Amount based upon their Historical Use, as further set forth herein. Except when adjusted in accordance with the provisions contained in Arroyo Grande Municipal Code Section 13.07.070 A or B, the Baseline Water Amount shall be based upon the amount of water used during the same billing period of the previous year prior to the adoption of this Resolution. B. COMMERCIAL CUSTOMERS All commercial customers with irrigation meter accounts shall reduce water use by 25% from the amount of usage of the assigned Baseline Water Amount. Failure to reduce water use by this required percentage shall result in the imposition of the mandatory financial penalties contained in Subsection D, herein. C. REQUIRED RESIDENTIAL CUSTOMER WATER REDUCTIONS 1. Except for customers whose bi-monthly Baseline Water Amount is 10 units or less, residential customers in Tier 1 (bi-monthly usage of 0 to 18 units) shall be required to reduce consumption by 10% from the amount of usage of the assigned Baseline Water Amount. Customers whose bi-monthly use is 10 units or less shall not increase their usage above the amount of their assigned Baseline Water Amount. 2. All residential customers in Tier 2 (bi-monthly usage of 19 to 36 units) shall be required to reduce consumption by 20% from the amount of usage of the assigned Baseline Water Amount. 3. All residential Customers in Tier 3 (bi-monthly usage of 37 units or more) shall be required to reduce consumption 30% from the amount of usage of the assigned Baseline Water Amount. Failure to reduce water use by the required percentage shall result in the imposition of the mandatory financial penalties contained in Subsection D, herein. In accordance with Arroyo Grande Municipal Code Section 13.07.030, the City Council, may by resolution, increase the required percentage of reduction if it deems it , necessary in order to achieve the projected amount of water savings established as necessary. D. MANDATORY FINANCIAL PENALTIES The purpose of the mandatory penalties assessed pursuant to this resolution is to assure compliance by the customer through the imposition of increasingly significant penalties so as to create a meaningful incentive to reduce water use. In acknowledgment of the fact that the City's water is scarce and irreplaceable commodity, the intent is to equitably distribute that commodity among Water Department customers and to assure that, to the extent feasible, City water is conserved and used only for purposes deemed necessary for public health and safety. Accordingly, the mandatory penalties contained herein are not to be construed as creating a "water pricing" structure pursuant to which customers may elect to pay for additional water at significantly higher rates. The following mandatory financial penalties will be levied on all water users who fail to reduce consumption in the percentages required in Subsections B and C herein, and customers whose bi-monthly use is 10 units or less and whose use increases above the amount of their assigned Baseline Water Amount: First Violation: Written notice of violation and opportunity to correct violation. Second Violation: The City shall impose a penalty of$50. Written notice shall be given to the owner by certified mail. The penalty will be billed to the customer on the regular water bill. Third Violation: A penalty of$100. Written notice shall be given to the owner by certified mail. The fine will be billed to the customer on the regular water bill. Subsequent In addition to a penalty of$200, continued Violations: violations may be subject to referral to the City Attorney for appropriate action, including but not limited to prosecution under the Arroyo Grande Municipal Code, as well as possible discontinuance of service. Failure to pay: The City may discontinue water service to any customer who fails to pay penalties billed on the regular water bill. Service will be restored upon full payment of all outstanding balances and reconnection charges. A delinquent bill shall also be increased by penalty of ten (10) percent of the amount of delinquency. Customers who incur penalties may have them waived by attending a minimum two hour session of Water Conservation School, which will be conducted by the City of Arroyo Grande. The option to have penalties waived by attending Water School shall be available only one time for any customer who has incurred penalties. The foregoing penalties may also be modified or amended by the City Council as deemed necessary and appropriate based upon a determination of the severity of the Water Shortage Emergency. OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 4659 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 26th day of May, 2015. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 27th day of May, 2015. — / / ' , S KELLY W M04'E, CITY CLERK