R 5278 RESOLUTION NO. 5278
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE RESCINDING THE
DECLARATION OF A STAGE 1 WATER SHORTAGE
EMERGENCY AND RELATED WATER CONSERVATION
MEASURES AND RESTRICTIONS
WHEREAS, on October 12, 2021, the City Council adopted Resolution 5119 declaring a
Stage 1 Water Shortage Emergency in accordance with California Water Code Section
350 et. seq, and Arroyo Grande Municipal Code (AGMC) Section 13.07.030; and
WHEREAS, Chapter 13.07 of the AGMC provides for stages of action that will be
undertaken in response to water supply shortages and related triggering conditions,
consistent with the City of Arroyo Grande's Urban Water Management Plan and for the
imposition of regulations and restrictions, including, but not limited to, requirements to
reduce consumption of water, that are necessary in order to protect the health, safety
and welfare of the community; and
WHEREAS, triggering conditions for a Stage 1 Water Shortage Emergency under
AGMC Section 13.07.030(A) may include, but are not limited to, a determination that the
water level at Lake Lopez is at or below fifteen thousand (15,000) acre-feet, if there has
been six quarterly continuous events of sentry well level readings below the deep well
index trigger level of seven and one-half feet, and/or of the State Water Resources
Control Board has imposed mandatory restrictions in water use by the City; and
WHEREAS, the City of Arroyo Grande has a limited water supply that consists of two
sources: Lake Lopez and groundwater. The San Luis Obispo County Flood Control and
Water Conservation District has developed the Lake Lopez Low Reservoir Response
Plan (LRRP), which provides for a series of management procedures that are to be
followed the reservoir level drops below 20,000 acre-fee, which includes reduced
municipal water delivers; and
WHEREAS, on July 8, 2021, Governor Gavin Newsom issued a Proclamation of a State
of Emergency, pursuant to the California Emergency Services Act, due to extreme
drought in certain counties in the State, including San Luis Obispo County; on July 13,
2021, the San Luis Obispo County Board of Supervisors declared a local drought
emergency; and on August 24, 2021, the Board of Supervisors initiated the LRRP for
Lake Lopez. Under the LRRP, the City is subjected to a 10% reduction in Lopez
deliveries, which equates to 216,000 gallons per day; and
WHEREAS, on July 14, 2021, the United States Drought Monitor showed San Luis
Obispo County in an extreme drought; and
RESOLUTION NO. 5278
PAGE 2
WHEREAS, on September 22, 2021, Lopez Lake was at 15,426 acre-feet of storage
and was expected to fall below the triggering threshold of 15,000 acre-feet by
approximately October 14, 2021; and
WHEREAS, on July 21, 2022, the Zone Ill Advisory Board approved the Technical
Advisory Committee's recommendation to reduce contract deliveries by 20% prior to
Lopez Lake reaching 10,000 acre-feet. As a result, the City began reducing the flow of
deliveries on July 26, 2022 to 1.7 million gallons per day; and
WHEREAS, on January 4, 2023, Governor Newsom issued a Proclamation of a State of
Emergency relating to severe winter storms and a series of atmospheric river systems
that struck California beginning December 27, 2022, bringing high winds, substantial
precipitation, and river, stream, and urban flooding; and
WHEREAS, an additional atmospheric river system struck the Central Coast beginning
on March 9, 2023. On March 10, 2023, the Emergency Services Director for the County
of San Luis Obispo issued a Proclamation of a Local Emergency related to severe
winter storms and a series of atmospheric rivers systems that struck California
beginning on December 27, 2022, and have been ongoing since that date. On March 1,
2023, Governor Newsom issued an emergency proclamation related to the severe
winter storms impacting San Luis Obispo and other counties throughout the State; and
WHEREAS, after the substantial precipitation from the storms, Lopez Lake was at
49,462 acre-feet of storage as of March 23, 2023, compared to 15,426 are-feet of
storage on September 22, 2021; and
WHEREAS, at the January 19, 2023 Zone Ill Technical Advisory Committee Meeting,
the committee voted to suspend the LRRP, thereby releasing the City's 20% contract
delivery reductions from Lopez Reservoir; and
WHEREAS, on March 14, 2023, after the winter storms, the United States Drought
Monitor showed San Luis Obispo County no longer in a drought; and
WHEREAS, adopting this Resolution rescinding the Stage 1 Water Shortage
Emergency is not a project subject to the California Environmental Quality Act ("CEQA")
because it has no potential to result in either a direct, or reasonably foreseeable
indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd.
(b)(2)-(3), 15378). Alternatively, this is not a "project" as defined by CEQA because
rescinding the Stage 1 Water Shortage Emergency is merely administrative activity.
(See State CEQA Guidelines, § 15378(b)(2),(4)) and for those reasons, the action is
exempt from CEQA.
RESOLUTION NO. 5278
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande, that:
1. The recitals set forth herein are true, correct and incorporated by reference.
2. Based upon the existing water conditions, as described above, the City Council
hereby rescinds the previously declared Stage 1 Water Shortage Emergency.
3. 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.
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, Secrest, and Mayor Ray Russom
NOES: None
ABSENT: Council Member George
the foregoing Resolution was passed and adopted this 28th day of March, 2023.
1
1
RESOLUTION NO.5
PAGE 4
40
CAREN RAY • SOM, MAYOR
ATTEST:
a
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
441 11,01
917?
WHITNEY a ONAL , CITY MANAGER
APPROVED AS TO FORM:
ISAA* OSEN, INTERIM CITY ATTORNEY
OFFICIAL CERTIFICATION
I, JESSICA MATSON, 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. 5278 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 28th day of March, 2023.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 31st day of
March, 2023.
JESSICA MATSON, CITY CLERK