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R 4792 RESOLUTION NO. 4792 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE RESCINDING THE DECLARATION OF A STAGE 1 WATER SHORTAGE EMERGENCY AND RELATED WATER CONSERVATION MEASURES AND RESTRICTIONS 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 relating to Emergency Water Shortage Restrictions and Regulations; and WHEREAS, on May 26, 2015, after holding a noticed public hearing in accordance with the requirements of Water Code Section 350, et seq and the Arroyo Grande Municipal Code, the City Council adopted Resolution 4659 declaring a Stage 1 Water Shortage Emergency, implementing reductions in water usage based upon Historical Use, and imposing mandatory penalties for failing to meet water use requirements; and WHEREAS, the Stage 1 Water Shortage Emergency was based upon historic drought conditions, which negatively impacted the City's limited water supply which consists of two primary sources: Lake Lopez and groundwater; and WHEREAS, on April 1, 2015, the Governor issued an Executive Order directing the imposition of 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 Board mandated 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 WHEREAS, the 2017 winter weather pattern in Arroyo Grande included persistent atmospheric rivers that resulted in significant rainfall and runoff, which has brought the water level at Lake Lopez above 30,000 acre feet and replenished the groundwater basins; and WHEREAS, on April 7, 2017 Governor Brown issued Executive Order B-40-17, which lifted the drought emergency in all California counties except Fresno, Kings, Tulare and Tuolumne, and rescinded two emergency proclamations from January and April '2014 and four drought-related executive orders issued in 2014 and 2015.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. 4792 PAGE 2 SECTION 2. Based upon the existing water conditions, as described above, the City Council hereby rescinds the previously declared Stage 1 Water Shortage Emergency. SECTION 3. 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. On motion of Council Member Ray, seconded by Council Member Brown, and by the following roll call vote, to wit: AYES: Council Members Ray, Brown, Barneich, Harmon, and Mayor Hill NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 25th day of April, 2017. RESOLUTION NO. X19 a. PAGE 3 JIM HI L, MAYOR ATTEST: KELLY ET •RE, CITY CLERK A.. "ROVE. NTENT: 011 ROBERT MCFAL ' ! ITY MANAGER APPROVED AS TO FORM: HEATHER K. WHITHAM, CITY ATTORNEY OFFICIAL CERTIFICATIO . 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. 4792 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 25th day of April, 2017. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 27th day of April, 2017. .'KELLY (ETMORE, CITY CLERK d. 0