O 670 ORDINANCE NO. 670
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE AMENDING SECTION
13.07.090 OF THE ARROYO GRANDE MUNICIPAL CODE
RELATING TO PENALTIES AND ENFORCEMENT FOR
VIOLATIONS OF EMERGENCY WATER SHORTAGE
RESTRICTIONS AND REGULATIONS
WHEREAS, on January 17, 2014, the Governor of the State of California proclaimed a
state of emergency in the State of California due to current drought conditions in the
state and the Governor's proclamation acknowledged that the State of California is
experiencing extremely dry conditions that have persisted since 2012, and on April 25,
2014, the Governor issued a proclamation of a continued state of emergency under the
California Emergency Services Act based on continuing drought conditions; and
WHEREAS, on April 1, 2015, the Governor issued an Executive Order directing
the imposition of further restrictions on water suppliers to achieve a statewide 25
percent reduction in potable urban water usage through February 2016; and
WHEREAS, the Governor determined that the drought conditions will likely continue for
the foreseeable future and additional action was needed by the State Water Resources
Control Board and local water suppliers to further promote conservation; and
WHEREAS, implementing regulations adopted by the State Water Resources Control
Board on May 5, 2015 mandate 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 he same month in 2013; and
WHEREAS, on February 24, 2015 the City Council of the City of Arroyo Grande
adopted Ordinance 669, amending City of Arroyo Grande Municipal Code Section
13.05.030 and adding Chapter 13.07 to the Arroyo Grande Municipal Code relating to
Emergency Water Shortage Restrictions and Regulations; and
WHEREAS, after holding a duly noticed public hearing on May 26, 2015, in accordance
with the requirements of Arroyo Grande Municipal Code Section 13.07.030 and Water
Code sections 351 and 352 the City Council of the City of Arroyo Grande adopted a
Resolution declaring that a Stage 1 Water Shortage Emergency now exists throughout
the area served by the City of Arroyo and pursuant to the Arroyo Grande Municipal
Code and the authority in Water Code Section 353, the City Council implemented
reductions in water usage; and
WHEREAS, Chapter 13.07 relating to Emergency Water Shortage Restrictions and
Regulations was adopted prior to the Governor's April 1, 2015 Executive Order and the
adoption of implementing regulations on May 5, 2015 by the State Water Resources
Control Board mandating 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 it is appropriate to amend Section 13.07.090 in Chapter
13.07 in order to clarify certain provisions in relation to Penalties and Enforcement.
ORDINANCE NO. 670
PAGE 2
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Arroyo Grande
as follows:
SECTION 1. Section 13.07.090 of the Arroyo Grande Municipal Code is hereby
amended to read as follows:
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 at significantly higher rates.
B. A customer's repeated use of excessive water during a Stage 1 or 2 Water
Shortage Emergency may 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 1 or 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.
D. Discontinuing Service. In addition to any penalties, misdemeanor criminal
prosecution and the installation of a water flow restrictor, during a Stage 1 or
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.
ORDINANCE NO. 670
PAGE 3
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 2. 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 3. In accordance with Government Code section 36937, this ordinance is
adopted as an urgency measure to be effective immediately in order to preserve the
public peace, health, and safety. The facts constituting the urgency are that on May 26,
2015 the City Council of the City of Arroyo Grande declared a Stage 1 Water Shortage
Emergency in accordance with Arroyo Grande Municipal Code Section 13.07.030 and
Water Code section 350, et seq.; the Governor's actions on January 17, 2014, April 25,
2014 and April 1, 2015 declaring a state of emergency in California, and issuing an
Executive Order requiring a statewide 25 percent reduction in potable water usage; the
adoption of implementing regulations by the State Water Resources Control Board on
May 5, 2015 mandating that the City of Arroyo Grande reduce its total potable water
usage by 28 percent; and the continued ongoing drought conditions. Accordingly, it is
necessary that the amendments to Section 13.07.090 relating to Emergency Water
Shortage restrictions and regulations set forth in this ordinance be effective immediately
in order to protect the supply of water for human consumption, sanitation and fire
protection. The City Clerk, or her duly appointed deputy, shall attest to the adoption of
this ordinance and shall cause this ordinance to be posted in the manner required by
law.
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 26th day of May, 2015.
ORDINANCE NO. 470
PAGE 4
JI HILL, MAYOR
ATTEST:
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KELLY i ET 0 RE, CITY CLERK
P•ROVED AS 0 CONTENT:
kip
RO'='ERT MCFALL, INTERIM CITY MANAGER
APPROVED AS TO FORM:
HEATHER WHITHAM, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, 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 Urgency Ordinance No. 670 was passed and adopted at a regular
meeting of the City Council on the 26th day of May 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 26th
day of May 2015.
KELLY TM 04-E, CITY CLERK