O 669 ORDINANCE NO. 669
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE REPEALING SECTION 13.05.040,
AMENDING SECTION 13.05.030 AND ADDING CHAPTER
13.07 TO THE ARROYO GRANDE MUNICIPAL CODE
RELATING TO WATER CONSERVATION AND
EMERGENCY WATER SHORTAGE RESTRICTIONS AND
REGULATIONS
WHEREAS, The City of Arroyo Grande's limited water supply consists of Lake Lopez
and groundwater, and an extended drought could result in a reduction in delivery of
Lake Lopez water and/or the threat of seawater intrusion. Therefore, if rainfall below
normal levels continues to occur there will be the need for dramatic reductions in water
usage in the City; and
WHEREAS, Chapter 13.05 of the Arroyo Grande Municipal Code contains permanent
mandatory water conservation, restrictions, and therefore there are limited options
available to significantly reduce water use in a water shortage emergency; and
WHEREAS, California Water Code Sections 350 et. seq. authorizes water suppliers,
after holding a properly noticed public hearing and after making certain findings, to
declare a water shortage emergency and to adopt such regulations and restrictions to
conserve the water supply for the greatest public benefit with particular regard for
domestic use, sanitation, and fire protection; and
WHEREAS, the framework to adopt restrictions and regulations on water use contained
in this Ordinance are intended to provide an effective and immediately available means
to implement the conservation of water that is essential during periods of a declared
water shortage emergency, to ensure a reliable and sustainable minimum supply of
water for public health, safety, and welfare, preserve limited water supplies, avoid
depletion of water to an unacceptably low level and provide mechanisms to address
critical water shortages if dry conditions continue or worsen; and
WHEREAS, the City Council has determined that creating procedures for the
implementation of usage allotments and restrictions, as provided herein, will provide a
fair and equitable mechanism to spread the burden when it has been determined that
the City's water supply is so limited that a water shortage emergency exists and
available water supply is less than projected demand in the case of a Stage 1 Water
Shortage Emergency, or in the case of a Stage 2 Water Shortage Emergency, equal to
or less than amounts that have been determined necessary to meet basic household
health and safety requirements; and
WHEREAS, the provisions of Chapter 13.07, as adopted by this Ordinance, are
intended to only take effect when the City Council, by Resolution, and based upon the
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PAGE 2
recommendations of City staff and its analysis of the City's water supplies, finds and
determines that the conditions justifying the declaration of a Stage 1 or Stage 2 Water
Shortage Emergency exists or is imminent, and when so declared the restrictions and
regulations shall remain in effect for the duration of the water shortage emergency set
forth in the Resolution.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Arroyo Grande
as follows:
SECTION 1. Section 13.05.040 of the Arroyo Grande Municipal Code is hereby
repealed.
SECTION 2. Section 13.05.030 of the Arroyo Grande Municipal Code is hereby
amended to read as follows:
The following water conservation requirements are effective at all times. Violations of
this section shall be considered waste and an unreasonable use of water. Penalties for
noncompliance are listed in Sections 13.05.050 and 13.05.060.
A. Use of water which results in excessive gutter runoff is prohibited.
B. Outdoor Water Use - Except Irrigation.
1. No water shall be used for cleaning driveways, patios, parking lots,
sidewalks, streets or other such use except where necessary to protect
the public health and safety;
2. Outdoor water use for washing vehicles shall be attended and have
hand-controlled watering devices.
C. Outdoor Irrigation.
1. Outdoor irrigation is prohibited between the hours of ten a.m. and four
p.m.
2. Irrigation of private and public landscaping, turf areas and gardens is
permitted at even-numbered addresses only on Mondays and
Thursdays and at odd-numbered addresses only on Tuesdays and
Fridays. No irrigation of private and public landscaping, turf areas and
gardens is permitted on Wednesdays. Irrigation is permitted at all
addresses on Saturdays and Sundays however, in all cases customers
are directed to use no more water than necessary to maintain
landscaping.
D. Emptying and refilling swimming pools and commercial spas is
prohibited except to prevent structural damage and/or to provide for the
public health and safety. New swimming pools may be constructed,
however, they shall have a cover that conforms to the size and shape of
the pool and act as an effective barrier to evaporation. The cover must
be in place during periods when use of the pool is not reasonably
expected to occur.
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E. Use of potable water for soil compaction or dust control purposes in
construction activities is prohibited unless specifically approved by the city.
F. Hotel, motel or other commercial lodging establishment shall offer their
patrons the option to forego the daily laundering of towels, sheets and
linens.
G. Restaurants or other commercial food service establishments shall not
serve water except upon the request of a patron.
SECTION 3. Chapter 13.07 is hereby added to the Arroyo Grande Municipal 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 Water Department.
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 the
prior 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.
13.07.020 Stage 1 or Stage 2 Water Shortage Emergencies Defined
A. 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 and shall take effect upon
adoption of a resolution by the City Council as further provided in Section
13.07.030 and 13.07.040, based upon the recommendations of City staff
and its analysis of the City's water supplies that Stage 1 Water Shortage
Emergency or Stage 2 Water Shortage Emergency conditions exist, as
defined in this Section. Upon adoption, such resolutions shall remain in
effect for the duration of the water shortage emergency conditions.
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1. Stage 1 Water Shortage Emergency. A Stage 1 Water Shortage
Emergency shall mean that 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.
2. Stage 2 Water Shortage Emergency. A Stage 2 Water Shortage
Emergency shall mean that that it has been determined that the
projected City's water supply 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.
B. During a Stage 1 or Stage 2 Water Shortage Emergency, 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
bimonthly billing.
C. Upon adoption of a resolution declaring a Stage 1 or Stage 2 Water
Shortage Emergency, 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.
D. 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.
13.07.030 Stage 1 Water Shortage Emergency and Historical Use Water
Restrictions
A. After holding a noticed public hearing in accordance with the
requirements of Water Code Section 350 et seq., the City Council may
declare a Stage 1 Water Shortage Emergency based upon a
determination that there has been impacts to the City's water supply,
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PAGE 5
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 B.
B. 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 customers 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:
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 5%,
Tier 2 customers 10% and Tier 3 15%. 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.
13.07.040 Stage 2 Water Shortage Emergency and Household Allocation Water
Restrictions,
A. After holding a noticed public hearing in accordance with the requirements
of Water Code Section 350 et seq., the City Council may declare a Stage
2 Water Shortage Emergency based upon a determination that the
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PAGE 6
projected City's water supply 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.
B. 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 shall be subject to a citation and 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 5-7 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.
13.07.050 Commercial Properties and Irrigation Meters
During a Stage 1 Water Shortage Emergency commercial water customers shall not be
subject to mandatory penalties for use, provided however, that commercial customers
with irrigation meter accounts shall reduce water use by such percentages specified in
the resolution declaring the Water Shortage Emergency. During a State 2 Water
Shortage Emergency commercial water customers shall not use potable water for
irrigation of outdoor landscaping. All commercial irrigation meters shall be shut off and
billing will be suspended. The resolution shall also establish mandatory financial
penalties for failing to meet required water use reductions.
13.07.060 Additional Requirements and Restrictions during Stage 1 or Stage 2
Water Shortage Emergency
Upon adoption of a resolution declaring a Stage 1 or Stage 2 Water Shortage
Emergency the following shall apply:
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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 Stage 1 Reduction Amounts, and Other Exceptions.
A. During a Stage 1 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 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 prior 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 during a Stage 1 Water
Shortage Emergency, or the water allotments during a Stage 2 Water
Shortage Emergency 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
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PAGE 8
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 must 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 Stage 1 or Stage 2 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.
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 Stage 1 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
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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
Stage 1 or Stage 2 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 significantly higher rates.
B. Stage 2 Penalties. A customer's repeated use of excessive water during a
Stage 2 Water Shortage Emergency shall 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 Stage 2 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.
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PAGE 10
D. Discontinuing Service. In addition to any penalties, misdemeanor criminal
prosecution and the installation of a water flow restrictor, during a Stage 2
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 4. 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 5. 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
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 6. This Ordinance shall take effect thirty (30) days after its adoption.
On motion by Council Member Guthrie, seconded by Council Member Barneich, and by
the following roll call vote to wit:
AYES: Council Members Guthrie, Barneich, Brown, Harmon, and Mayor Hill
NOES: None
ABSENT: None
the foregoing Ordinance was adopted this 24th day of February, 2015.
ORDINANCE NO &W
PAGE 11
,MILL MAYOR
ATTEST:
ik1+
KELLY ET ORE, CITY CLERK
APPROVED TO CONTENT:
ROBERT MCFALL, I ItERIM CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. Gd`ARMEL, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETNIORE, 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 Ordinance No. 669 which was introduced at a regular meeting of the
City Council on February 10, 2015; was passed and adopted at a regular
meeting of the City Council on the 24th day of February, 2015; and was duly
published in accordance with State law (G.C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 25th
day of February 2015.
(Ak(kULt,
KELL W (MORE, CITY CLERK