CC 2017-02-14_09k Adopt Ord Water Shortage Emergency Regs
MEMORANDUM
TO: CITY COUNCIL
FROM: TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
GEOFF ENGLISH, PUBLIC WORKS DIRECTOR
SUBJECT: CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING
CHAPTER 13.07 OF THE ARROYO GRANDE MUNICIPAL CODE
RELATING TO STAGES OF WATER SHORTAGE EMERGENCIES
TO IMPLEMENT EMERGENCY WATER SHORTAGE
RESTRICTIONS AND REGULATIONS
DATE: FEBRUARY 14, 2017
RECOMMENDATION:
It is recommended the City Council adopt an Ordinance amending Chapter 13.07 of
the Arroyo Grande Municipal Code relating to stages of water shortage emergencies
to implement emergency water shortage restrictions and regulations.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There are no impacts from adoption of the Ordinance unless Stage 1B is activated.
At that time, implementation will be very labor intensive, which will require the use of
additional temporary staffing. The City will experience a decrease in water revenue
from the conservation requirements. There will also be a concurrent increase in
revenue from fines and penalties. Whether the increase from fines and penalties will
offset the loss from conservation will depend upon the severity of the water shortage
and the extent customers reduce use in compliance with the restriction on use.
Therefore, it is not possible at this time to accurately project the net financial impact.
BACKGROUND:
On January 24, 2017, following discussion about the methodology and justifications
for the five percent (5%) increased water reduction mandate for residential
customers, the City Council voted unanimously during an appropriately noticed Public
Hearing, to introduce an Ordinance amending Chapter 13.07 of the Arroyo Grande
Municipal Code relating to stages of water shortage emergencies to implement
emergency water shortage restrictions and regulations. . As discussed below, the
Ordinance will codify Stage 1B in order to be consistent with the Amended UWMP
and the State’s requirements relating to stages of action and otherwise will provide
for Triggering Conditions for Stage 1 and Stage 2 Water Shortage Emergencies.
Item 9.k. - Page 1
CITY COUNCIL
CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING CHAPTER
13.07 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO STAGES
OF WATER SHORTAGE EMERGENCIES TO IMPLEMENT EMERGENCY WATER
SHORTAGE RESTRICTIONS AND REGULATIONS
FEBRUARY 14, 2017
PAGE 2
ANALYSIS OF ISSUES:
The Ordinance amending Chapter 13.07 will codify Stage 1B in order to be
consistent with the Amended UWMP and the State’s requirements relating to
stages of action. It provides for procedures for declaring water shortage
emergency stages of action and adds specified Triggering Conditions for Stage 1
and Stage 2 Water Shortage Emergencies. It also clarifies provisions relating to
required reductions for commercial properties and customers with irrigation
meters during water shortage emergencies. The Ordinance amends other
provisions in Chapter 13.07 in order to be consistent with having three water
shortage emergency stages of action (Stages 1, 1B and 2).
Stage 1B would be enacted upon any of the following triggering conditions:
a. The interruption of local water deliveries, the water delivery system or
additional mandated reductions in water use by the State Water Resources
Control Board.
b. The water level at the Lopez Reservoir is at or below 10,000 acre feet.
c. There have been six quarterly continuous events of sentry well level
readings in the Santa Maria Ground Water Basin below the deep well index
trigger level of 7.5 feet, or indications of sea water intrusion are detected.
Stage 1B, if and when enacted by the City Council upon adoption of a Resolution, will
put in place the following additional water use restrictions:
1. Irrigation of City-owned non-sports field turf areas shall be reduced to 25%
of the water used for such irrigation in a year as specified in the adopting
resolution.
2. The required residential customer water reductions established in Stage 1
shall be increased by five (5) percent for each of the three water rate tiers.
3. There shall be no new or additional water connections for any project that
does not have all required planning project approvals and entitlements at
the time of the Certification that a Triggering Condition exists. Smaller
projects of less than four residential units or less than 5,000 sq. feet of
commercial space shall be exempt from this restriction. Notwithstanding
this restriction, development projects may continue to be processed.
4. The City Council may provide that the prohibition on new water connections
will not apply to any project that participates in the City’s approved water
demand offset program by providing water savings that offset their project’s
water demand by a ratio of 1:1.5.
The Council had discussion about the justification for proposed 5% increase in
mandatory water use restrictions required for residential customers in all three water
Item 9.k. - Page 2
CITY COUNCIL
CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING CHAPTER
13.07 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO STAGES
OF WATER SHORTAGE EMERGENCIES TO IMPLEMENT EMERGENCY WATER
SHORTAGE RESTRICTIONS AND REGULATIONS
FEBRUARY 14, 2017
PAGE 3
use tiers as opposed to a graduated scale, requiring a higher level of additional
savings for the top tier users. The primary rational is that a majority of our customers
are in tier 1 and not including tier 1 customers would make it difficult to achieve the
overall necessary water use reductions necessary for Stage 1b.
Importantly, this Ordinance will not enact any residential restrictions at this time. It
will only put in place a framework for establishing restrictions to be enacted by
Council Resolution when necessary after holding a public hearing. The authority in
establishing the plan is based upon provisions of the California Water Code relating
to water shortage emergencies and water conservation programs (Water Code
Sections 350 et seq. and Water Code Sections 375 et seq.).
ALTERNATIVES:
The following alternatives are presented for consideration:
Adopt the proposed Ordinance;
Modify and re-introduce the Ordinance;
Provide staff other direction.
ADVANTAGES:
The advantages of the recommended Ordinance are as follows:
1. It will enable the City to proactively address the City’s water needs and impose
restrictions when supply is impacted or projected to be impacted by drought or
other water emergency conditions. By adopting the Ordinance now, it can be
implemented in a much more flexible and timely manner when necessary.
2. Stage 1 recommendations balance the need for everyone to participate in water
savings with recognition that those who have already conserved should not
have the same restrictions as those that have not.
3. Recommendations have been structured to recognize different needs based on
household size, but are also designed to ensure it is feasible to implement by
placing accounts into three categories based upon household size.
DISADVANTAGES:
The Ordinance will be labor intensive to implement and some residents have argued
that the structure of the City’s water use restriction Ordinance treats some
households unfairly with regard to their required savings compared to others. The
City’s water use restriction ordinance does have remedies for baseline adjustments.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
Item 9.k. - Page 3
CITY COUNCIL
CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING CHAPTER
13.07 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO STAGES
OF WATER SHORTAGE EMERGENCIES TO IMPLEMENT EMERGENCY WATER
SHORTAGE RESTRICTIONS AND REGULATIONS
FEBRUARY 14, 2017
PAGE 4
PUBLIC NOTIFICATION AND COMMENTS:
A summary of the ordinance was published in The Tribune on Wednesday, February
8, 2017 pursuant to State law. The agenda was posted at City Hall and on the City’s
website in accordance with Government Code Section 54954.2.
Item 9.k. - Page 4
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AMENDING CHAPTER 13.07 OF
THE ARROYO GRANDE MUNICIPAL CODE RELATING
TO STAGES OF WATER SHORTAGE EMERGENCIES TO
IMPLEMENT EMERGENCY WATER SHORTAGE
RESTRICTIONS AND REGULATIONS
WHEREAS, on February 24, 2015 the City Council of the City of Arroyo Grande
adopted Ordinance 669, amending City of Arroyo Grande Municipal Code Section
13.05.030 and adding Chapter 13.07 to the Arroyo Grande Municipal Code relating to
Emergency Water Shortage Restrictions and Regulations; and
WHEREAS, Chapter 13.07 provides procedures to establish Stage 1 or Stage 2 water
shortage emergencies, and pursuant to that authority and Sections 350 et seq. of the
California Water Code, after holding a public hearing, on May 26, 2015 the City of
Arroyo Grande adopted Resolution 4659 declaring that a Stage 1 Water Shortage
Emergency exists throughout the area served by the City of Arroyo and pursuant to the
Arroyo Grande Municipal Code and the authority in Water Code Section 353, the City
Council implemented reductions in water usage; and
WHEREAS, given the continuing concerns regarding the ongoing severe drought’s
impact on the City’s limited water supply, on November 22, 2016 after holding a public
hearing, the City Council adopted Resolution 4766 which provides that if certain
specified water conditions are determined to exist (“Triggering Conditions”), that
additional restrictions for the declared Stage 1 Water Shortage Emergency will be
implemented in order to protect the health, safety and welfare of the citizens of the City
of Arroyo Grande, which additional restrictions were designated to be known, for
purposes of convenience, as “Stage 1B”; and
WHEREAS, the City has also prepared an Urban Water Management Plan (UWMP) in
accordance with the requirements of California Water Code Sections 10620 et seq., and
has received input from the State Department of Water Resources that additional
stages of action are necessary in the Water Shortage Contingency Plan of the UWMP;
and
WHEREAS, an Amended UWMP has been prepared which incorporates the provisions
of Resolution 4766 and Stage 1B, and the City Council has determined that it would be
appropriate and desirable to amend Chapter 13.07 to codify Stage 1B in order to be
consistent with the Amended UWMP and the State’s requirements relating to stages of
action and to otherwise provide for Triggering Conditions for Stage 1 and Stage 2 Water
Shortage Emergencies.
Item 9.k. - Page 5
ORDINANCE NO.
PAGE 2
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Arroyo Grande
as follows:
SECTION 1. Chapter 13.07 of the Arroyo Grande Municipal Code is hereby amended
to read as follows:
Chapter 13.07 Emergency Water Shortage Restrictions and Regulations
13.07.010. Definitions.
A. “Director” refers to the City of Arroyo Grande Public Works Director or his or
her designee.
B. “Water” refers to water produced and served by the City of Arroyo Grande
water department.
C. “City” refers to the City of Arroyo Grande.
D. “Water Department” refers to the City of Arroyo Grande Public Works
Department Utilities Division.
E. “Customer” shall refer to any account customer of the City of Arroyo Grande
water department as well as to any consumer of City water who may not be a City of
Arroyo Grande water department account customer.
F. “Household Allocation” refers to the establishment of a water allocation
amount, to be established by Resolution of the City Council, and which allocation
amount, if exceeded, is subject to mandatory financial penalties that escalate based
upon the level of water use and as further set forth in the Resolution.
G. “Historical Use” refers to the establishment of a baseline amount of water that
is equal to the amount of water used in the same billing period for a specifically
identified previous year, and which will subject the customer to mandatory financial
penalties if specified percentages of water savings are not met, as further set forth in
a Resolution adopted by the City Council.
H. “Triggering Conditions” refers to specified water supply conditions that may
result in declaring a Water Shortage Emergency Stage of Action.
13.07.020 Water Shortage Emergency Stages of Action.
A. The provisions of this Chapter provide for Stages of Action that will be undertaken
in response to water supply shortages and related Triggering Conditions, consistent
with the City of Arroyo Grande’s Urban Water Management Plan. It provides for the
imposition of regulations and restrictions, including but not limited to requirements to
reduce consumption of water, that are necessary in order to protect the health, safety
and welfare of the community.
The Stages of Action have been created in recognition of the fact that the City’s water
supply consists of a combination of water from the Lopez Reservoir and groundwater
Item 9.k. - Page 6
ORDINANCE NO.
PAGE 3
sources, and that a variety of specific factors can result in the need to implement a
Stage of Action, as well as the potential for unanticipated interruptions of local water
deliveries, the water delivery system or the imposition of additional State mandated
reductions in water use.
B. The provisions of this Chapter relating to Emergency Water Shortage Restrictions
and Regulations are in addition to the Water Conservation Requirements contained in
Section 13.05.030. Those Water Conservation Requirements are permanent and this
Stage of Action shall apply at all times and shall be known as Stage 0.
C. The other provisions of this Chapter relating to additional Stages of Action shall be
implemented and take effect upon adoption of a Resolution by the City Council as
further provided in Section 13.07.030, based upon the recommendations of City staff
and its analysis of the City’s water supply conditions and the existence of Triggering
Conditions, as further provided in this Chapter. In addition to the permanent Water
Conservation Requirements that constitute Stage 0, the additional Stages of Action
shall be referred to as a Stage 1 Water Shortage Emergency, a Stage 1B Water
Shortage Emergency, or a Stage 2 Water Shortage Emergency.
D. Upon adoption, Resolutions providing for a Stage of Action shall remain in effect
for the duration of the water shortage emergency conditions, but may be modified by
the City Council to impose additional measures to a Stage of Action as necessary to
address the need to preserve the City’s water supply to the maximum extent possible
in order to protect the health, safety and welfare of the community.
E. During a declared Stage of Action, if it is deemed in the City’s interest in order
to better monitor water usage, the billing period may be adjusted by City staff to
provide for monthly billing, instead of bi-monthly billing.
F. Upon adoption of a Resolution declaring a Stage of Action, the provisions of
this Chapter and any restrictions set forth in the Resolution, shall apply to all persons
using or consuming water provided by the City inside and outside of the city,
regardless of whether any person using such water has a contract for water service
with the City.
G. If any other provision of the Arroyo Grande Municipal Code, whether enacted
prior to or subsequent to the enactment of this Chapter, is inconsistent with the
provisions of this Chapter, the provisions of this Chapter shall supersede and control
for the duration of the declared Water Shortage Emergency set forth in the Resolution
of the City Council.
Item 9.k. - Page 7
ORDINANCE NO.
PAGE 4
13.07.030 Implementation of Stages of Action.
The Stages of Action may be implemented by the City Council as follows:
A. Stage 1 Water Shortage Emergency and Historical Use Water Restrictions
1. After holding a noticed public hearing in accordance with the requirements
of Water Code Section 350 et seq., the City Council may, by Resolution,
declare a Stage 1 Water Shortage Emergency based upon a determination
that Triggering Conditions exist or there have 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 necessitating the institution of reductions in water usage based upon
Historical Use, as further set forth in subsection 2, below.
Triggering Conditions may include, but not be limited to: a determination that
the water level at the Lopez Reservoir is at or below 15,000 acre feet; there
have been six (6) quarterly continuous events of sentry well level readings
below the deep well index trigger level of 7.5 feet; and/or the imposition of
mandatory reductions in water use by the City by the State Water Resources
Control Board.
2. Upon adoption of a Stage 1 Water Shortage Emergency Resolution, all
residential customers will 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 the Resolution. All residential customers shall reduce
water usage by a percentage amount set forth in the Resolution, which
percentages may be modified or amended by the City Council as deemed
necessary and appropriate. The percentage of required conservation shall
increase depending on the billing Tier of the residential customer’s water use
as provided in the City’s tiered water rate structure. The Resolution shall
include provisions for the imposition of mandatory financial penalties if the
amount of water in each Tier is exceeded, which 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.
The following shall be used as a general framework for the Resolution
establishing the baseline units for billing Tiers and penalties, subject to such
revisions deemed necessary in order to achieve the desired water savings:
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Residential customers in Tier 1 shall be required to reduce consumption by the
lowest percentage. Residential customers in Tier 2 shall be required to reduce
consumption by a larger percentage than those in Tier 1. Residential
Customers in Tier 3 shall be required to reduce consumption by an even larger
percentage than those in Tier 1 and Tier 2. For example, Tier 1 customers
may initially be required to conserve 10%, Tier 2 customers 20% and Tier 3
customers 30%. As the emergency worsens, the City Council may, by
Resolution, increase the percentage reduction deemed necessary in order to
achieve the projected amount of water savings established as necessary.
B. Stage 1B Water Shortage Emergency—Implementation of Additional
Restrictions based upon the existence of Triggering Conditions
1. After holding a noticed public hearing in accordance with the
requirements of Water Code Section 350 et seq., the City Council may, by
Resolution, find and determine that failure to adopt and impose additional
restrictions on water use and deny new or additional water service connections
for projects that do not participate in a water demand offset program, would
place the community in a condition that is dangerous to the health, safety and
welfare of its citizens due to the severe impact on the City’s water supply, if it is
determined that any specified Triggering Conditions exist.
Based upon such a determination, the City Council may declare a Stage 1B
Water Shortage Emergency that will provide that when Triggering Conditions
exist additional restrictions on water use, including but not limited to denial of
new or additional water service connections for projects that do not participate
in a water demand offset program, will be imposed in order to protect the
public health, safety and welfare of the community.
The Resolution may provide that the certification by the City Manager and
Public Works Director that the Triggering Conditions set forth in subsection 2
below exist, which shall result in the immediate imposition of additional
regulations and restrictions on the use of water in order to provide for the
protection of the public’s health, safety and welfare, as set forth in the
Resolution.
2. If any one of the following water supply Triggering Conditions are
determined to exist, the additional water use restrictions contained in
subsection 4 below shall immediately be imposed.
a. The interruption of local water deliveries, the water delivery system
or additional mandated reductions in water use by the State Water
Resources Control Board.
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b. The water level at the Lopez Reservoir is at or below 10,000 acre
feet.
c. There have been six quarterly continuous events of sentry well level
readings in the Santa Maria Ground Water Basin below the deep well
index trigger level of 7.5 feet, or indications of sea water intrusion are
detected.
3. In the event that any of the foregoing Triggering Conditions are determined
to exist, the Public Works Director and City Manager shall Certify to its
existence, immediately notify the City Council of such determination, post the
Certification of the existence of the condition on the City website, and make
additional notifications to alert the public that the additional Stage 1B
restrictions are being implemented.
4. The following additional regulations and restrictions shall apply in addition to
the restriction imposed in the Stage 1 Water Shortage Emergency:
a. Irrigation of City-owned non-sports field turf areas shall be reduced
to 25% of the water used for such irrigation in a year as specified in the
adopting Resolution.
b. The required residential customer water reductions established in
Stage 1 pursuant to Section A 2, above, shall be increased by five (5)
percent for each of the three water rate tiers.
c. There shall be no new or additional water connections for any project
that does not have all required planning project approvals and
entitlements at the time of the Certification that a Triggering Condition
exists. Smaller projects of less than four residential units or less than
5,000 sq. feet of commercial space shall be exempt from this restriction.
Notwithstanding this restriction, development projects may continue to
be processed.
d. The City Council may provide that the restriction contained in
subsection c. above, will not apply to any project that participates in the
City’s approved water demand offset program by providing water
savings that offset their project’s water demand by a ratio of 1:1.5.
5. The foregoing Stage 1B additional regulations and restrictions contained in
this Section shall no longer apply upon Certification by the Public Works
Director and the City Manager that the water level at the Lopez Reservoir is at
or above 15,000 acre feet and increasing, and none of the other Triggering
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Conditions exist, or upon a determination by the City Council that these
additional water use regulations and restrictions are no longer necessary to
protect the City’s water supply.
C. Stage 2 Water Shortage Emergency and Household Allocation Water Restrictions.
1. After holding a noticed public hearing in accordance with the requirements
of Water Code Section 350 et seq., the City Council may declare, by
Resolution, a Stage 2 Water Shortage Emergency based upon a
determination that Triggering Conditions exist or that the projected City’s
water supply condition is or will become equal to or less than amounts that
have been determined necessary to meet basic minimum household health
and safety requirements, and restrictions and limits through the
implementation of water allocations are necessary for continued water use
that is reliable and sustainable by providing a minimum supply for the most
essential purposes for human consumption, sanitation, and fire protection
during the emergency situation, in order to protect the public health, safety
and welfare.
Triggering Conditions may include, but not be limited to: a determination
that the water level at the Lopez Reservoir is at or below 5,000 acre feet;
and/or seawater intrusion is occurring in the Santa Maria Groundwater
Basin; and/or there has been a catastrophic or emergency interruption in
the City’s water supply.
2. Upon adoption of a Stage 2 Water Shortage Emergency, restrictions and
limits shall be imposed through the implementation of Household
Allocations of water units for residential customers. All residential
customers will be allocated units of water deemed necessary for an
average household size (1 unit of water is equal to 100 cubic feet or 748
gallons). Any residential customer using over the assigned baseline unit
amount may be subject to citation and shall be subject to the imposition of
mandatory financial penalties, which shall be set forth in the Resolution
adopted by the City Council and be based upon the severity of the Water
Shortage Emergency. Each household shall be allowed 12 units of water
per two month billing period (which is equivalent to 150 gallons per
household per day). Households with over 5 people will be allowed 20
units of water per two-month billing period (250 gallons per day).
Households with over 7 people will be allowed 28 units of water per two-
month billing period (350 gallons per day). The allocations contained herein
may be adjusted by the City Council by Resolution.
13.07.040 Reserved.
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13.07.050 Commercial Properties and Customers with Irrigation Meters.
During a Stage 1 Water Shortage Emergency commercial water customers shall not
be subject to mandatory penalties for use except for those with irrigation meters as
provided below.
Any customer with an irrigation meter account shall reduce water use by such
percentages specified in the Resolution declaring the Water Shortage Emergency,
which percentage reductions may be increased by the City Council by Resolution
upon a determination that additional reductions are necessary. The Resolution shall
also establish mandatory financial penalties for failing to meet required water use
reductions.
During a Stage 2 Water Shortage Emergency commercial water customers shall not
use potable water for irrigation of outdoor landscaping. All irrigation meters shall be
shut off and billing will be suspended.
13.07.060 Additional Requirements and Restrictions during Stage 1, Stage 1B
or Stage 2 Water Shortage Emergency.
Upon adoption of a Resolution declaring a Stage 1, Stage 1B or Stage 2 Water
Shortage Emergency the following shall apply:
1. Commercial, industrial or irrigation meter customers shall immediately
follow any directive issued or declared by the City’s Water Department to
conduct water use audits, prepare water conservation plans and immediately
repair any identified water system leaks, including leaks attributable to faulty
pipes or fixtures. Commercial customers shall not violate any other water use
restrictions intended to preclude excessive water usage, as adopted by the
City.
2. Residential customers shall not violate any water use/allocation or other
water rationing regulation implemented by Resolution of the City Council,
including such regulations intended to preclude excessive water usage and
specifying maximum water usage limitations, as otherwise provided by this
Chapter.
13.07.070 Adjustments in Water Consumption Reduction Amounts, and Other
Exceptions.
A. During a declared Water Shortage Emergency the Director, upon application
made in writing by a customer on a form promulgated by the water department and
accompanied by supporting documentation, shall be authorized to modify the
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percentage of water consumption reduction that is required by the customer, upon the
customer’s production of substantial evidence demonstrating the existence of unusual
circumstances, including but not limited to the household having been vacant during a
portion of the comparison year billing period, resulting in the baseline water amount
assigned to the household being lower than what would normally have been
experienced.
B. The percentage of reduction in water consumption may also be adjusted if the
existence of one or more of the following circumstances are shown and that are
particular to that customer and which are not generally shared by other water
department customers:
1. Failure to approve the requested exception would cause a condition
having an adverse effect on the health, sanitation, fire protection, or safety of
the customer.
2. Alternative restrictions to which the customer is willing to adhere are
available that would achieve the same level of demand reduction as the
restriction for which an exception is being sought and such alternative
restrictions are enforceable by the water department.
3. Circumstances concerning the customer’s property have changed since
the implementation of the subject restriction warranting a change in the
customer’s water usage allocation or required percentage of reduction in
consumption.
C. In order to qualify for an exception, a customer may be required at the
Director’s determination, to first complete a self-water audit pursuant to standards and
procedures promulgated by the water department. This audit shall be made part of
the customer’s exception application and water conservation measures indicated by
the audit may be incorporated as conditions of approval to an exception in addition to
any other conditions of approval imposed by the Director in connection with the
Director’s approval of the customer’s exception application.
13.07.080 Water Shortage Appeals Board (WSAB).
A. Upon adoption of a Resolution declaring a Water Shortage Emergency, the
Utility Billing Adjustment Committee shall be empowered to act as the Water
Shortage Appeal Board (WSAB). Thereafter, the Water Shortage Appeal Board will
remain available to convene for as long as the Water Shortage Emergency remains in
effect.
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B. Any customer who considers an action taken by the Director or an
enforcement official under the provisions of this Chapter, including action on
adjustments to water consumption reduction amounts, and on exception application,
or the assessment of administrative penalties which have been erroneously taken or
issued, may appeal that action or penalty to the Water Shortage Appeals Board in the
following manner:
1. The appeal shall be made in writing, shall state the nature of the appeal
specifying the action or penalty that is being appealed and the basis upon
which the action or penalty is alleged to be in error. Penalty appeals shall
include a copy of the bill or any applicable notice of violation;
2. An appeal, to be effective, must be received by the Director not later
than ten business days following the date of the notice of violation or the date
that the Director took the action which is the subject of the appeal;
3. The Director shall schedule the appeal for consideration by the WSAB. The
WSAB shall hear the appeal within ninety days of the date of the appeal and
issue its decision within thirty days of the date of the hearing;
4. In ruling on appeals, the WSAB shall strictly apply the provisions of this
Chapter, and shall not impose or grant terms and conditions not authorized by
this Chapter.
5. Decisions of the WSAB shall be subject to appeal to the City Council in
accordance with the procedures in Chapter 1.12 of this Code, including the
requirement that decisions be first taken up with the City Manager.
13.07.090 Penalties and Enforcement.
A. Penalties. The purpose of the mandatory penalties assessed pursuant to this
Chapter and set forth in a Resolution of the City Council declaring a Water Shortage
Emergency 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 and that this Chapter is intended 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, such mandatory penalties 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.
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B. A customer’s repeated use of excessive water during a Water Shortage
Emergency may result in criminal prosecution as a misdemeanor, and may result in
the installation of a flow restriction device or disconnection of the customer’s property
from the City’s water service system at the customer’s cost, as further set forth
herein. Flow restriction devices shall not be installed on residences that have fire
sprinkler systems.
C. Misdemeanor. In addition to, and completely separate from, the civil penalties
for excessive water use, any person who knowingly and willfully violates the
provisions of this Chapter during a Water Shortage Emergency shall be guilty of a
criminal misdemeanor as provided in the general penalty provisions of this Code. In
accordance with Section 1.16.010, such misdemeanor violations may, at the
discretion of the City Attorney, be initially charged or subsequently prosecuted as an
infraction. All previous attempts by the City to obtain compliance by the defendant
may be introduced as evidence of the offender's knowledge and willfulness.
D. Discontinuing Service. In addition to any penalties, misdemeanor criminal
prosecution and the installation of a water flow restrictor, during a Water Shortage
Emergency the Director may disconnect a customer’s water service for willful
violations of mandatory restrictions and regulations in this Chapter and Chapter
13.05. Upon disconnection of water service, a written notice shall be served upon the
customer which shall state the time, place, and general description of the prohibited
or restricted activity and the method by which reconnection can be made.
E. Cost of Flow Restrictor and Disconnecting Service. A person or entity that as a
result of violations of this Chapter has a flow restrictor installed or water service
disconnected is responsible for payment of charges for installing and/or removing the
flow-restricting device and for disconnecting and/or reconnecting service in
accordance with the City’s fee schedule then in effect. The charge for installing
and/or removing any flow restricting device must be paid before the device is
removed. Nonpayment will be subject to the same remedies as nonpayment of basic
water rates.
SECTION 2. If any section, subsection, subdivision, paragraph, sentence, or clause of
this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall
not affect the validity of the remaining portion of this Ordinance or any part thereof. The
City Council hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one or
more section, subsection, subdivision, paragraph, sentence, or clause be declared
unconstitutional.
SECTION 3. A summary of this Ordinance shall be published in a newspaper
published and circulated in the City of Arroyo Grande at least five (5) days prior to the
City Council meeting at which the proposed Ordinance is to be adopted. A certified
copy of the full text of the proposed Ordinance shall be posted in the office of the City
Item 9.k. - Page 15
ORDINANCE NO.
PAGE 12
Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the
names of those City Council Members voting for and against the Ordinance shall be
published again, and the City Clerk shall post a certified copy of the full text of such
adopted Ordinance.
SECTION 4. This Ordinance shall take effect thirty (30) days after its adoption.
On motion by Council Member ______, seconded by Council Member _______, and by
the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this ____ day of _______, 2017.
Item 9.k. - Page 16
ORDINANCE NO.
PAGE 13
_____________________________________
JIM HILL, MAYOR
ATTEST:
_____________________________________
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
______________________________________
ROBERT MCFALL, INTERIM CITY MANAGER
APPROVED AS TO FORM:
_____________________________________
HEATHER K. WHITHAM, CITY ATTORNEY
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