CC 2024-01-09_09.e. Ord re Water Shortage Contingency PlanItem 9.e.
MEMORANDUM
TO: City Council
FROM: Bill Robeson, Assistant City Manager/Public Works Director
BY: Shannon Sweeney, City Engineer
SUBJECT: Consideration of Adoption of an Ordinance Amending Title 13 of the
Arroyo Grande Municipal Code Regarding the Water Shortage
Contingency Plan
DATE: January 9, 2024
SUMMARY OF ACTION:
Adopting the Ordinance will amend the City’s Municipal Code section 13.07.070 regarding
the City’s Water Shortage Contingency Plan (WSCP).
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No cost impact to the City is anticipated with the recommended amendment.
RECOMMENDATION:
Adopt the Ordinance amending Section 13.07.030 (C)(2) of the Arroyo Gran de Municipal
Code regarding the WSCP.
BACKGROUND:
The California Water Code (CWC) requires urban water suppliers servicing 3,000 or more
connections or supplying more than 3,000 acre-feet (AF) of water annually, to prepare
and adopt an Urban Water Management Plan (UWMP) and a WSCP for submission to
Department of Water Resources (DWR). The UWMP and WSCP, which are required to
be filed in five-year cycles, must satisfy the requirements of the Urban Water
Management Planning Act (UWMP Act) of 1983 includin g amendments that have been
made to the UWMP Act and other applicable regulations.
On June 27, 2023, the City Council:
• Conducted a public hearing to receive input on the 2022 UMWP and WSCP;
• Adopted a Resolution approving the 2022 UWMP;
• Authorized the City Manager or their designee to file the updated UWMP with
DW R;
Page 128 of 282
Item 9.e.
City Council
Consideration of Adoption of an Ordinance Amending Title 13 of the Arroyo
Grande Municipal Code Regarding the Water Shortage Contingency Plan
January 9, 2024
Page 2
• Adopted a Resolution approving the 2022 WSCP with the modification to page 13
of the WSCP to change the number of household members to four (4) and above
with 250 gallons of water per household; and
• Authorized the City Manager or their designee to file the updated WSCP to DW R.
The WSCP was modified as requested. This ordinance modifies the City Municipal Code
to be consistent with the WSCP as modified.
Staff introduced an Ordinance amending the City’s Municipal Code section 13.07.070
regarding the City’s WSCP on December 12, 2023. Council spoke in support of the
Municipal Code amendment and introduced the Ordinance as proposed.
ANALYSIS OF ISSUES:
The following tables illustrate why the recommended amendment provides greater
equity of potable water distribution to City customers during a Stage 2 Water Shortage
Emergency:
As currently written:
Maximum # of residents Units Gallons/household/day Gallons/person/day
5 12 150 30 or more
6-7 20 250 36-42
8 or greater 28 350 44 or less
With recommended amendment:
Maximum # of residents Units Gallons/household/day Gallons/person/day
4 12 150 38 or more
5-7 20 250 36-50
8 or greater 28 350 44 or less
The recommended modification to the municipal code text is shown below, with strikeout
formatting showing removed text and underlined formatting showing added text (the
only change being recommended is the number of household members that would be
allocated 20 units of water per two -month billing period from five people to four, based
on past direction):
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 ne cessary for an average household
size (one unit of water is equal to one hundred (100) cubic feet or seven hundred forty -eight (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 twelve (12) units of water per t wo-month
billing period (which is equivalent to one hundred fifty (150) gallons per household per day).
Households with over five four people will be allowed twenty (20) units of water per two -month billing
Page 129 of 282
Item 9.e.
City Council
Consideration of Adoption of an Ordinance Amending Title 13 of the Arroyo
Grande Municipal Code Regarding the Water Shortage Contingency Plan
January 9, 2024
Page 3
period (two hundred fifty (250) gallons per day). Households with over seven people will be allowed
twenty-eight (28) units of water per two -month billing period (three hundred fifty (350) gallons per
day). The allocations contained herein may be adjusted by the city council by resolution.
The Ordinance is now ready for adoption. The Municipal Code amendment will become
effective thirty (30) days after adoption.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the Ordinance as proposed;
2. Modify and reintroduce the Ordinance and direct that adoption of the Ordinance
occur at a future meeting;
3. Provide other direction to staff.
ADVANTAGES:
Adoption of the Ordinance modifies the Municipal Code as requested by City Council
when the WSCP was approved. The modification provides greater equity of potable water
distribution among households during a Stage 2 Water Shortage Emergency.
DISADVANTAGES:
No disadvantages have been identified at this time.
ENVIRONMENTAL REVIEW:
In compliance with the California Environmental Quality Act (CEQA), City staff has
determined that the ordinance does not qualify as a “project” under CEQA because the
ordinance will not result in a direct or reasonably foreseeable indirect physical cha nge in
the environment. (State CEQA Guidelines section 15060, subd. (c)(2), (3).) Section 15378
of the State CEQA Guidelines defines a project as the whole of an action, which could
potentially result in either a direct physical change, or reasonably fores eeable indirect
physical change, in the environment. Here, the ordinance will not result in any
construction or development, and it will not have any other effect that would physically
change the environment. The ordinance therefore does not qualify as a p roject subject to
CEQA.
PUBLIC NOTIFICATION AND COMMENTS:
A summary of the Ordinance was published in The Tribune on 12/27/2023, 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.
Attachments:
1. Proposed Ordinance
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ATTACHMENT 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING SECTION 13.07.030 OF
THE ARROYO GRANDE MUNICIPAL CODE REGARDING
WATER SHORTAGE CONTINGENCY PLANNING AND
FINDING THE ORDINANCE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, The California Water Code (CWC) requires urban water suppliers servicing
3,000 or more connections or supplying more than 3,000 acre-feet (AF) of water annually,
to prepare and adopt an Urban Water Management Plan (UWMP) and a WSCP for
submission to Department of Water Resources (DWR); and
WHEREAS, The UWMP and WSCP, which are required to be filed in five -year cycles,
must satisfy the requirements of the Urban Water Management Planning Act (UWMP Act)
of 1983 including amendments that have been made to the UWMP Act and other
applicable regulations; and
WHEREAS, the WSCP is codified in the City of Arroyo Grande Municipal Code, Section
13.07.030; and
WHEREAS, on June 27, 2023, City Council
• Conducted a public hearing to receive input on the 2022 UMWP and WSCP;
• Adopted a Resolution approving the 2022 UWMP:
• Authorized the City Manager or their designee to file the updated UWMP with DWP;
• Adopted a Resolution approving the 2022 WSCP with the modification to page 13 of
the Water Shortage Contingency Plan to change the number of household members
to four (4) and above with 250 gallons of water per household;
• Authorized the City Manager or their designee to file the updated WSCP to DWP ;
and
• Authorized the City Manager or their designee to file the updated WSCP with DWP ;
and
WHEREAS, The WSCP was modified as requested; and
WHEREAS, without a change to the Municipal Code, City regulations are inconsistent
with the current WSCP; and
WHEREAS, the recommended amendment provides greater equity to City customers
during a Stage 2 Water Shortage Emergency.
65501.00002\41296594.1
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ORDINANCE NO.
PAGE 2
-2-
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
ORDAIN AS FOLLOWS:
SECTION 1. Incorporation. The above recitals are true and correct and are
incorporated herein by this reference.
SECTION 2. Environmental. The City Council finds that this ordinance is exempt
from the California Environmental Quality Act ("CEQA") because the ordinance does not
qualify as a “project” under CEQA and because the ordinance will not result in a direct or
reasonably foreseeable indirect physical change in the environment. (State CEQA
Guidelines section 15060, subd. (c)(2), (3).) Section 15378 of the State CEQA Guidelines
defines a project as the whole of an action, which could potentially result in either a direct
physical change, or reasonably foreseeable indirect physical change, in the environment.
Here, the ordinance will not result in any construction or development, and it will not have
any other effect that would physically change the environment. The ordinance therefore
does not qualify as a project subject to CEQA.
SECTION 3. Code Amendment. Section 13.07.030(C)(2) of the Arroyo Grande
Municipal Code is hereby amended to read as follows (additions shown in underline and
deletions shown in strikethrough):
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 (one unit of water is equal to one hundred (100)
cubic feet or seven hundred forty-eight (748) gallons). Any residential customer using
over the assigned baseline unit amount may be subject to citation and shall be sub ject 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 twelve (12) units of water per t wo-month
billing period (which is equivalent to one hundred fifty (150) gallons per household per
day). Households with over five four people will be allowed twenty (20) units of water per
two-month billing period (two hundred fifty (250) gallons per day). Households with over
seven people will be allowed twenty-eight (28) units of water per two-month billing period
(three hundred fifty (350) gallons per day). The allocations contained herein may be
adjusted by the city council by resolution.
SECTION 6. Publication. A summary of this ordinance shall be published in a
newspaper published and circulated in the City of Arroyo Grande at least five 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
Clerk. Within 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.
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ORDINANCE NO.
PAGE 3
-3-
SECTION 7. Effective Date. This ordinance shall become effective 30 days after
adoption.
SECTION 8. Severability. Should any provision of this ordinance, or its application
to any person or circumstance, be determined by a court of competent jurisdiction to be
unlawful, unenforceable or otherwise void, that determination shall have no effect on any
other provision of this ordinance or the application of this ordinance to any other person
or circumstance, and, to that end, the provisions hereof are severable. The City Council
declares that it would have adopted all the provisions of this ordinance that remain valid
if any provisions of this ordinance are declared invalid.
SECTION 9. Records. The documents and materials associated with this
ordinance that constitute the record of proceedings on which the City Council’s findings
and determinations are based are located at 300 E. Branch Street, Arroyo Grande, CA
93420. The City Clerk is the custodian of the record of proceedings.
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 , 2024.
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ORDINANCE NO.
PAGE 4
-4-
CAREN RAY RUSSOM, MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
ISAAC ROSEN, CITY ATTORNEY
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MEMORANDUM
TO: City Council
FROM: Jessica Matson, Legislative & Information Services Director/City Clerk
SUBJECT: Supplemental Information
Agenda Item 9.e. – January 9, 2024 City Council Meeting
Consideration of Adoption of an Ordinance Amending Title 13 of the
Arroyo Grande Municipal Code Regarding the Water Shortage
Contingency Plan
DATE: January 9, 2024
Attached is correspondence received for the above reference item.
cc: City Manager
Assistant City Manager/Public Works Director
City Attorney
City Clerk
City Website and Public Review Binder
Enc
Page 135 of 282
1
Jessica Matson
From:Claudine Lingo >
Sent:Sunday, January 7, 2024 2:35 PM
To:Caren Ray Russom; Kristen Barneich; Jim Guthrie; Kate Secrest; Lan George
Cc:Jessica Matson; Bill Robeson
Subject:City Council Agenda Item 9.e on the January 9, 2024 Agenda
Do I understand this correctly ... the water allocations will be established based solely on the number
of residents in a house/townhouse/condo/apartment with no regard to the size of the property? In
other words, will 2 people living in a house on a 1/2 acre lot (or 1 acre lot or 10 acre lot) be allocated
the same amount of water as 2 people living in a townhouse/condo/apartment with no lot to maintain?
If so, please help me understand how that is equitable. Also how will the City verify the number of
people living in a house/townhouse/condo/apartment?
We had to replace our landscaping in 2023, because many of our drought tolerant plants had died
due to the lack of a sufficient amount of water in 2022. We replaced the dead drought tolerant plants
with cacti and succulents, so we anticipate we'll use even less water than we had.
I know that Caren, Kristin and Lan have heard me say this before, but let me reiterate:
We are very water conservation oriented since we lived thru the water shortage in the 1970s when the catch
phrase “If it’s yellow, it’s mellow. If it’s brown, flush it down.” was coined. Even with all of our effort to conserve
water as itemized below, it would be very difficult to use only 12 cons during summer months in particular.
Plus, we don't even water the trees on about half of our property.
Following are the water conservation efforts we have maintained: (1) not flushing the toilet after each use; (2)
catching water in buckets while the water warms up to use to water down pavers where our dog potties to
eliminate odors and stains or to water plants; (3) requiring house guests to capture the water in buckets also;
(4) using rain water captured in 2 rain barrels and buckets to water plants; (5) emptying water from pet bowls
that have debris in it to use for watering plants, (6) not letting water run while brushing teeth, etc.; (7) turning off
the irrigation when it rains; (8) when we bought our house, we had the builder put in only drought tolerant
plants and no lawn; and (9) the showers, faucets and toilets are low flow/low flush.
In my opinion, there is a flaw in the logic of this allocation methodology and would encourage the City to re-
examine the allocation methodology to make it more equitable.
I am very much opposed to this methodology being implemented. I would suggest that the City prohibit
installing/replacing lawns; it seems to me that would save a whole lot of water. I don't understand why that
wasn't implemented years ago.
Sincerely,
Claudine Lingo
Resident of Kate Secrest's District
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