CC 2023-12-23_10.b. Ordinance re Water Shortage Contingency PlanItem 10.b.
MEMORANDUM
TO: City Council
FROM: Shannon Sweeney, Interim Public Works Director/City Engineer
SUBJECT: Public Hearing to Consider Introduction of an Ordinance Amending
Title 13 of the Arroyo Grande Municipal Code Regarding the Water
Shortage Contingency Plan and Finding this Action Exempt from
CEQA
DATE: December 12, 2023
SUMMARY OF ACTION:
Introduction and public hearing for a proposed Ordinance amending the City’s Municipal
Code section 13.07.070 regarding the City’s Water Shortage Contingency Plan (WSCP).
Introducing the ordinance will allow for adoption at a future City Council meeting following
this noticed public hearing.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No cost impact to the City is anticipated with the recommended amendment.
RECOMMENDATION:
1) Introduce the Ordinance amending Section 13.07.030 (C)(2) of the Arroyo Grande
Municipal Code regarding the WSCP; and 2) Find that the Ordinance is exempt f rom the
California Environmental Quality Act (CEQA) because it will not result in a direct or
reasonably foreseeable indirect physical change in the environment. (State CEQA
Guidelines sections 15060, subd. (c)(2), (3); 15061(b)(3)).
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 including amendments that have been
made to the UWMP Act and other applicable regulations.
Page 213 of 301
Item 10.b.
City Council
Public Hearing to Consider Introduction of an Ordinance Amending Title 13 of the
Arroyo Grande Municipal Code Regarding the Water Shortage Contingency Plan
and Finding this Action Exempt from CEQA
December 12, 2023
Page 2
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
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; and
Authorized the City Manager or their designee to file the updated WSCP with
DWP.
The WSCP was modified as requested. This ordinance modifies the City Municipal
Code to be consistent with the WSCP as modified.
ANALYSIS OF ISSUES:
Currently, section 13.07.030 (C)(2) of the Arroyo Grande Municipal Code states:
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 av erage 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 impos ition 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 two -month
billing period (which is equivalent to one hundred fifty (150) gallons per household per day).
Households with over five 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.
The following table illustrates why the recommended amendment provides greater equity 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
Page 214 of 301
Item 10.b.
City Council
Public Hearing to Consider Introduction of an Ordinance Amending Title 13 of the
Arroyo Grande Municipal Code Regarding the Water Shortage Contingency Plan
and Finding this Action Exempt from CEQA
December 12, 2023
Page 3
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
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.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Introduce the Ordinance amendment as proposed; or
2. Modify the Ordinance amendment and introduce the modified Ordinance;
3. Do not introduce the Ordinance and direct staff to return at a future meeting to
introduce the modified amendments; or
3. Provide other direction to staff.
ADVANTAGES:
By proceeding with this amendment to the Municipal Code, city staff is following through
on direction provided by the City Council, the Municipal Code will be consistent with the
WSCP filed with DWP, and the City is more equitably applying the water use restrictions
associated with a Stage 2 water shortage situation.
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 in direct 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
Page 215 of 301
Item 10.b.
City Council
Public Hearing to Consider Introduction of an Ordinance Amending Title 13 of the
Arroyo Grande Municipal Code Regarding the Water Shortage Contingency Plan
and Finding this Action Exempt from CEQA
December 12, 2023
Page 4
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.
PUBLIC NOTIFICATION AND COMMENTS:
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 216 of 301
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; and
• Authorized the City Manager or their designee to file the updated WSCP with DWP.
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.
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
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ORDINANCE NO.
PAGE 2
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) with no other changes made to the Arroyo Grande
Municipal Code:
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
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
two-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.
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
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ORDINANCE NO.
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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 , 2023.
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ORDINANCE NO.
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CAREN RAY RUSSOM, MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
BILL ROBESON, INTERIM CITY MANAGER
APPROVED AS TO FORM:
ISAAC ROSEN, CITY ATTORNEY
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