R 4764 RESOLUTION NO. 4764
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AMENDING EXHIBIT A OF
RESOLUTION 4659 RELATING TO REQUIRED
REDUCTIONS FOR DEDICATED IRRIGATION METERS
DURING THE DECLARED STAGE 1 WATER SHORTAGE
EMERGENCY
WHEREAS, on February 24, 2015 the City Council of the City of Arroyo Grande
adopted Ordinance 669, adding Chapter 13.07 to the Arroyo Grande Municipal Code
relating to Emergency Water Shortage Restrictions and Regulations; and
WHEREAS, in accordance with the provisions in AGMC Section 13.07.030 and after
holding a noticed public hearing in accordance with the requirements of Water Code
Section 350, et seq., on May 26, 2015 the City Council adopted Resolution 4659
declaring a Stage 1 Water Shortage Emergency and implementing reductions in water
usage based upon Historical Use, and mandatory penalties for failing to meet water use
requirements as set forth in Exhibit A of that Resolution; and
WHEREAS, on April 1, 2015, the Governor issued an Executive Order directing the
imposition of restrictions on water suppliers to achieve a statewide 25 percent reduction
in potable urban water usage through February 2016, and the implementing regulations
adopted by the State Water Board mandated 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
WHEREAS, the City of Arroyo Grande has a limited water supply that consists of two
primary sources: Lake Lopez and groundwater. The reservoir level at Lake Lopez was
not significantly replenished during the 2015-16 rainy season and continues to decline,
and there continue to be significant concerns regarding groundwater pumping and the
potential for seawater intrusion; and
WHEREAS, given the continuing concerns regarding the City's limited water supply, the
City Council has determined that requiring further reductions in water use by
commercial customers with irrigation meters is necessary and appropriate.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande does resolve, declare, determine, and order as follows
SECTION 1. The foregoing Recitals are true and correct and are incorporated herein.
SECTION 2. The City Council hereby adopts the attached amended Exhibit A, which
amends Exhibit A of Resolution 4659, and is attached hereto and incorporated herein
by reference. The amended Exhibit A sets forth required reductions by commercial
RESOLUTION NO. 4764
PAGE 2
customers with irrigations meters, increasing the required reduction from 25% to 50%.
Commercial customers shall be subject to mandatory penalties for failing to meet
required water use reductions, as provided in Exhibit A.
SECTION 3. All other water conservation rules, regulations, restrictions, definitions,
enforcement procedures, violation provisions and appeal procedures, including but not
limited to those contained in Arroyo Grande Municipal Code Section 13.05.030, shall
remain in full force and effect.
SECTION 4. The adoption of this Resolution amending Exhibit A to Resolution 4659 is
categorically exempt from the California Environmental Quality Act ("CEQA") pursuant
to 15307 of the State CEQA Guidelines (Actions by Regulatory Agencies for Protection
of Natural Resources.)
SECTION 5. If any section, subsection, sentence, clause, or phrase of this Resolution
is for any reason held to be invalid, such determination shall not affect the validity of the
remaining portions of this Resolution. The City Council hereby declares that it would
have passed this Resolution and each and every section, subsection, sentence, clause,
or phrase not declared invalid without regard to whether any portion of the Resolution
would be subsequently declared invalid or unconstitutional.
SECTION 6. The restrictions and regulations adopted by Resolution 4659, and as
amended herein, shall remain in effect for the duration of the Stage 1 Water Shortage
Emergency, and until rescinded or modified by the City Council. This Resolution shall
be effective immediately upon its adoption.
On motion of Council Member Guthrie, seconded by Council Member Barneich, and by
the following roll call vote, to wit:
AYES: Council Members Guthrie, Barneich, Harmon, and Mayor Hill
NOES: None
ABSENT: Council Member Brown
the foregoing Resolution was passed and adopted this 25th day of October 2016.
RESOLUTION NO. g7(011
PAGE 3
JIM ILL, MAYOR
TEST:
t'(4'i!IWez _,4a-er-02-
KELLY lET /'RE, CITY CLERK
APP1OVED AS TO-CONTENT:
(,i( .(a/k /
ROBERT MCFALL,`INTE-RIj( MANAGER
APPROVED AS TO FORM:
HEATHER K. WHITHAM, CITY ATTORNEY
EXHIBIT "A"
CITY OF ARROYO GRANDE RESOLUTION 4764
RESOLUTION 4764 AMENDING EXHIBIT A OF RESOLUTION 4659, WHICH
DECLARED A STAGE 1 WATER SHORTAGE EMERGENCY, RELATING TO
DEDICATED IRRIGATION METERS
A. ASSIGNMENT OF BASELINE WATER AMOUNT BASED UPON HISTORICAL
USE
All residential customers and commercial customers with irrigation meters will be
assigned a Baseline Water Amount based upon their Historical Use, as further set forth
herein. Except when adjusted in accordance with the provisions contained in Arroyo
Grande Municipal Code Section 13.07.070 A or B, the Baseline Water Amount shall be
based upon the amount of water used during the same billing period of the previous
year prior to the adoption of Resolution 4659.
B. COMMERCIAL CUSTOMERS
All commercial customers with irrigation meter accounts shall reduce water use by 50%
from the amount of usage of the assigned Baseline Water Amount. Failure to reduce
water use by this required percentage shall result in the imposition of the mandatory
financial penalties contained in Subsection D, herein.
C. REQUIRED RESIDENTIAL CUSTOMER WATER REDUCTIONS
1. Except for customers whose bi-monthly Baseline Water Amount is 10 units or less,
residential customers in Tier 1 (bi-monthly usage of 0 to 18 units) shall be required to
reduce consumption by 10% from the amount of usage of the assigned Baseline Water
Amount. Customers whose bi-monthly use is 10 units or less shall not increase their
usage above the amount of their assigned Baseline Water Amount.
2. All residential customers in Tier 2 (bi-monthly usage of 19 to 36 units) shall be
required to reduce consumption by 20% from the amount of usage of the assigned
Baseline Water Amount.
3. All residential Customers in Tier 3 (bi-monthly usage of 37 units or more) shall be
required to reduce consumption 30% from the amount of usage of the assigned
Baseline Water Amount.
Failure to reduce water use by the required percentage shall result in the imposition of
the mandatory financial penalties contained in Subsection D, herein. No penalties shall
be imposed on customers whose bi-monthly Baseline Water Amount is 10 units or less.
In accordance with Arroyo Grande Municipal Code Section 13.07.030, the City Council,
may by resolution, increase the required percentage of reduction if it deems it
necessary in order to achieve the projected amount of water savings established as
necessary.
D. MANDATORY FINANCIAL PENALTIES
The purpose of the mandatory penalties assessed pursuant to this resolution 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,
the intent is 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. Accordingly, the mandatory
penalties contained herein 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.
For purposes of determining the number of violations (i.e. First Violation, Second
Violation, etc.) that result in escalating monetary penalties, violations occurring prior to
the effective date of Resolution 4756, amending the penalty provisions contained
herein, shall not be considered.
The following mandatory financial penalties will be levied on all water users who fail to
reduce consumption in the percentages required in Subsections B and C herein,
provided that no penalties shall be levied on customers whose bi-monthly Baseline
Water Amount is 10 units or less:
First Violation: Written notice of violation and opportunity to correct violation.
Second Violation: The City shall impose a penalty of $50. Written notice shall be
given to the owner by certified mail. The penalty will be billed to the
customer on the regular water bill.
Third Violation: A penalty of $100. Written notice shall be given to the owner by
certified mail. The fine will be billed to the customer on the regular
water bill.
Subsequent In addition to a penalty of$200, continued
Violations: violations may be subject to referral to the City Attorney for
appropriate action, including but not limited to prosecution under
the Arroyo Grande Municipal Code, as well as possible
discontinuance of service.
Failure to pay: The City may discontinue water service to any customer who fails
to pay penalties billed on the regular water bill. Service will be
restored upon full payment of all outstanding balances and
reconnection charges. A delinquent bill shall also be increased by
penalty of ten (10) percent of the amount of delinquency.
Customers who incur penalties may have them waived by attending a minimum two
hour session of Water Conservation School, which will be conducted by the City of
Arroyo Grande. The option to have penalties waived by attending Water School shall be
available only one time for any customer who has incurred their first monetary penalty
under the provisions contained herein.
The foregoing 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.
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
Resolution No. 4764 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 25th day of October, 2016.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 26th day of
October, 2016.
KELLY WET/ ORE, CITY CLERK