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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 Page 130 of 282 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 Page 131 of 282 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. Page 132 of 282 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. Page 133 of 282 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 Page 134 of 282 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  Page 136 of 282