R 4696 RESOLUTION NO. 4696
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING EXHIBIT A OF RESOLUTION
4659 RELATING TO THE MANDATORY PENALTIES FOR
FAILING TO MEET WATER USE REQUIREMENTS FOR THE
DECLARED STAGE 1 WATER SHORTAGE EMERGENCY FOR
CUSTOMERS WHOSE BI-MONTHLY BASELINE WATER
AMOUNT IS 10 UNITS OR LESS
WHEREAS, on 'February 24, 2015 the City Council of the City of Arroyo Grande
adopted Ordinance 669 , adding Chapter 13.07 to the Arroyo Grande Municipal Code
(AGMC) relating to Emergency Water Shortage Restrictions and Regulations; and
WHEREAS, in accordance with the provisions in AGMC Section 13.07.030 and after
holding a noticed public hearing in accordance with the requirements of Water Code
Section 350, et seq., on May 26, 2015 the City Council adopted Resolution 4659
declaring a Stage 1 Water Shortage and implemented reductions in water usage based
upon Historical Use, and mandatory penalties for failing to meet water use requirements
as set forth in Exhibit A of that Resolution; and
WHEREAS, based upon an analysis by City staff of the impacts of the implementation
of the water use requirements and the mandatory penalties as they relate to customers
whose bi-monthly Baseline Water Amount is 10 units or less, staff has recommended
changes to the penalty provisions since such users use little water, the City's billing
program only reads use in whole units, many of those users use very small quantities of
water per day and have limited flexibility in further reducing their use, and imposing
penalties on them in effect penalizes the City's best conserving customers: and
WHEREAS, AGMC Section 13.07.030(B) expressly provides that the mandatory
penalty provisions in a Stage 1 Water Shortage Emergency resolution may be modified
by the City Council as it deems necessary and appropriate.
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.
SECTION 2. The City Council hereby adopts the attached amended Exhibit A, which
amends Exhibit A-of Resolution 4659, and is attached hereto and incorporated herein
by reference. Exhibit A sets forth baseline water amounts, required residential water
reductions and requirements, and amended mandatory penalties. As provided therein,
all residential customers shall reduce water usage by the percentage amount set forth in
RESOLUTION NO. 4696
PAGE 2
Exhibit A. 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, and no penalties shall be imposed on customers whose bi-monthly use is 10
units or less.
SECTION 3. 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 4. The adoption of this Resolution amending Exhibit A to Resolution 4659 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 5. 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.
SECTION 6. The restrictions and regulations adopted by Resolution 4659, and as
amended herein, shall remain in effect for the duration of the Stage 1 Water Shortage
Emergency, and until rescinded or modified by the City Council. This Resolution shall
be effective immediately upon its adoption.
On motion of Council Member Barneich, seconded by Council Member Harmon, and by
the following roll call vote, to wit:
AYES: Council Members Barneich, Harmon, Guthrie, Brown, and Mayor.Hill
NOES: None
ABSENT: None
•
the foregoing Resolution was passed and adopted this 10th day of November 2015.
RESOLUTION NO. 11(09(p
PAGE 3
JIM ILL, MAYOR
ATTEST:
drr . . I ,1 L: r1/
KELLY ET n RE, CITY CLERK
APPROVED AS TO CONTENT:
DIANNE THOMPSdN, MANAGER
APPROVED TO AS FORM:
HEATHER WHITHAM, CITY ATTORNEY
EXHIBIT "A"
CITY OF ARROYO GRANDE RESOLUTION (Jo.'I( &
RESOLUTIONAI0.'((0%, AMENDING EXHIBIT A OF RESOLUTION 4659, WHICH
DECLARED 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 reside_ntial 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. No penalties shall
be imposed on customers whose bi-monthly Baseline Water Amount is 10 units or less.
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,
provided that no penalties shall be levied on customers whose bi-monthly Baseline
Water Amount is 10 units or less:
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. 4696 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 10th day of November, 2015.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 17th day of
November, 2015.
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KELLY E y ORE, CITY CLERK