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QRDINANCE NO.
lOG1(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA RESTRICTING
THE USE OF WATER DURING THE WATER
SHORTAGE PROVIDING PENALTIES FOR THE
VIOLATION OF SUCH RESTRICTIONS AND
FINDING THAT AN EMERGENCY DOES EXIST
BECAUSE OF A THREATENED WATER SHORTAGE
WHEREAS, severe drought condltlons exist within
the State of California, 1976 and 1977 being the third
driest years, respectively, ln recorded hlstOry; and,
WHEREAS, the City of Santa Monica is a member
agency of the Metropolitan Water District of Southern Callf-
ornla and depends upon said district for the maJority of lts
supply of potable water; and,
WHEREAS, the Metropolltan Water Dlstrict of Southern
Callfornia pro]eGts that lts resevoirs will be substantially
empty by the end of this calendar year unless anticipated
demands upon lts system are reduced: and,
WHEREAS, on March 29, 1977, the Board of Directors
of the Metropolitan Water Distrlct of Southern Callfornla
adopted a water conservation program, effectlve April 1, 1977,
designed to achieve a minimum ten (10%) percent reduction
from'its calendar year 1976 water demands: and,
WHEREAS, action must be taken by this City Council
ln order to conserve and protect the publlC water supply: and,
WHEREAS, this ordinance is enacted in conformity
wlth_sald sections af the Water Code and with the Charter of
the Clty of Santa Monlca,
NOW, THEREFORE, the Clty Council of the Clty of
Santa Monica does ordain as follows:
SECTION 1.
EMERGENCY. The City Councll of
the City of Santa Monlca finds that an emergency caused by
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drought exists Wlthln the State of California and Wlthin
the City of Santa Monica, and that there is both a threatened
and existing water shortage withln the Southern Callfornia
area, lncluding the City of Santa Monica, and that the
enactment of thls ordinance is necessary as an emergency
measure for preservlng the public peace, health and safety
in order to allevlate the existing water shortage and to
curtall the greater effects of the threatened water shortage.
SECTION 2. DECLARAT~ON OF PURPOSE. It is the
purpose of thls ordlnance to provide a mandatory water
conservation plan to mlnimize the effect of a shortage of
water to the consumers of the City of Santa Monica and the
area served by the Metropolltan Water District of Southern
Californla, and to adopt provisions that wlII signlflcantly
reduce the consumption of water, thereby extending the
available water required for the consumption of the City of
Santa Monica while minimizing the hardshlp of the Clty of
Santa Monica and the general public to the greatest extent
possible, voluntary conservation efforts having proved
lnsufficient as of the date hereof.
SECTION 3. AUTHORIZATION. The City Manager of
the City of Santa Monlca or hlS designated representative lS
hereby authorized and dlrected to implement the provisions
of thlS ordinance upon the effectlve date hereof, or as
soon thereafter as is practlcal.
SECTION 4.
WATER CONSERVATION PHASES. No
customer of the City of Santa Monica Water Divlsion shall
make, cause, use or permit the use of water received from
the City of Santa Monica for any purpose in a manner
contrary to any provlsion of this ordinance or in an amount
in excess of that use permitted by the conservatlon phase
then Ln effect pursuant to this ordinance or pursuant to
action taken by the Clty Council in accordance with the
proviSlons herein.
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A. Phase I.
1. Customer Percentage Curtailment.
No customer shall make, cause, use or permit the use of
water recelved from the City of Santa Monica for any purpose
ln an amount in excess of ninety (90%) percent of the amount
used during the base perlod, defined as the amount of water
used on a customer's premises during the corresponding bi-
monthly billing perlod in the base year of 1976. For purposes
of this ordinance, lf a customer is supplled with water at
more than one premises, the use of water at each such premises
shall be computed separately. Any customer who was not 'a
customer during the base period shall be asslgned the same
base perlod amount as for such or Slmllar premises.
B. P~ase II.
1. Customer Percentage Curtallment.
No customer shall make, cause, use or permit the use of
water received from the City of Santa Monica for any purpose
in an amount in excess of elghty-five (85%) percent of the
amount used durlng the base perlod, defined as the amount of
water used on a customer's premises during the corresponding bl-
monthly billing period ln the base year of 1976. For purposes
of thlS ordinance, if a customer is supplied wlth water at
more than one premises, the use of water at each such permises
shall be computed separately. Any custOmer who was not a
customer during the base period shall be assigned the same
base period amount as for such or siffillar premises.
C. Phase III.
1. Customer Percentage Curtailment.
No customer shall rnakp., cause, use Or permit the llse of
water recelved from the City of Santa Monlca for any purpose
in an amount ln excess of elghty (80) percent of the amount
used durlng the base period, deflned as the amount of water
used on a customer's premlses during the corresponding bl-
monthly billing perlod in the base year of 1976. For purposes
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of th~s nrdinance, if a customer is supplied with water at
more than one premises, the use of water at each such
premises shall be computed separately. Any customer who
was not a customer during the base perfod shall be assigned
the same base period amount as for such or similar premises.
D. Phase IV.
1. Customer percentage Curtailment.
No customer shall make, cause, use or permit the use of
water received from the City of Santa Monica for any purpose
in an amount in excess of seventy-five (75%} percent of the
amount used during the base period, defined as the amount of
water used on a customer's premises during the correspond~ng
bi-monthly bill~ng period ~n the base year of 1976. For
purposes of this ordinance, ~f a customer is supplied with
water at more than one premises, the use of water at each
such premises shall be computed separately. Any customer
who was not a customer dur~ng the base period shall be
assigned the same base period amount as for such or slmilar
premises.
SECTION 5.
CONSERVATION PHASE IMPLEMENTATION.
A. Phase I. Phase I shall be effect~ve
upon the effective date of this ord~nance, and the
restr~ctive prOV~Slons of Phase I as set forth in Sectlon
4AI hereof shall apply to all water consumption on and after
said date.
B. Phase Change InitlatioQ. The Water
D1V1Slon shall monltor and evaluate the projected supply and
demand for water by its customers, and shall recommend to
the City Manager the extent of the conversat~on required of
consumers of water within the City in order for the Water
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D1Vlslon to plan for and supply adequate water to ltS
customers. The City Manager shall, ln turn, notify and
recommend to the City Council any change ln customer
percentage curtallment as indicated in the respective phases
of th1s ordinance wh1ch the C1ty Manager determines should
be lmplemented. Thereafter, the City Council, upon such
recommendation of the City Manager and such evidence as it
may consider, by motlon made in open meeting, order that
the appropriate phase of water conservation be lrnplemented.
Sa1d order implementing a different conservation phase than
that established on the effect1ve date of this ordinance
shall be published once in a da1ly newspaper of general
clrculation ln the Clty, and shall become effective immediately
upon such publication, and shall thereafter remain ln effect
until a different phase is initlated and made effective pursuant
to the provisions of thlS section.
SECTION 6.
FAILURE TO COMPLY.
A. Penalties. It shall be unlawful for any
person receivlng water from the City of Santa Monica to make,
cause, use or permit the Use of water received from the City
of Santa Monica for any purpose in an amount in excess of
the amount prescribed by the customer percentage curtailment
establlshed by the City Council pursuant to the ordinance.
The penalties for said violations shall be as follows:
1. For the first bl-rnonthly period of
water consumption, occurring 1n any water conservatlon phase
provided for in this ordinance, which exceeds the usage
restrictions for such phase, a wrltten notlce shall be sent
by first class mall to the customer of record, WhlCh shall
lnclude but need not be limlted to the following data:
a. The extent of the usage over
the base perlod consumption allotment.
b. The base period consumption
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for the next subsequent bi-monthly per~od.
c. A statement of the penalty
for non-compliance during any subsequent bi-monthly period.
2. For the second subsequent bi-monthly
perlod of water consumption, occurrlng in any water conservation
phase provided for ~n this ordinance, which exceeds the usage
restrictions for such phase, the water division may install
a flow restricting device of lGPM capaclty for services up to
one and one-half (1 & 1/2) ~nch size water meter, or comparable
size restrictors for larger services, or may discontinue
service to the premlses for a period of twenty-four (24)
hours. If water service is so discontinued, a charge for
such disconnection, reconnection, and restoratlon of full
servlce shall be made and shall be a minimum of Five ($5.00)
Dollars or ten (10%) percent of the bl-monthly water bllling
which causes the imposition of the penalty provided for in
this subsection to be made, whlchever amount is greater. If
a flow restricting deVlce is installed, a charge shall be
made therefor, which shall be a mlnimum of Five ($5.00) Dollars
or ten (10%) percent of the b~-monthly water billing which
causes the imposition of the penalty provided for in this
'subsection to be made, whichever amount is greater.
3. For the third subsequent bl-monthly
period of water consurnptlon, occurring in any water conserv-
ation phase prov~ded for lR this ordinance, which exceeds the
usage restrlctions for such phase, the Water Dlvision may
lnstall a flow restr~ctlng device of lGPM~capacity for services
up to one and one-half (1 & 1/2) inch size water meter, or
comparable size restrictors for larger services, or may
discontinue serVlce to the premises for a perlod 6f~ forty-
eight_(48) hours. If water service is so discontinued, a
charge for such disconnect~on, reconnection, and restoration
of full service shall be made and shall be a minimum of Ten
($10.00) Dollars or twenty (20%) percent of the bi-monthly
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water b~lling which causes the imposit~on of the penalty
provided for in th~s subsection to be made, whichever
amount is greater. If a flow restricting device is installed,
a charge shall be made therefor, wh~ch shall be a m~nimum
of Ten ($10.00) Dollars or twenty (20%) percent of the
bi-monthly water billing which causes the imposition of
the penalty provided for in this subsection to be made,
whichever is greater.
4. Any penalty or charge provided
for hereunder wh1ch is made to a customer shall be added
to subsequent water bill~ngs, and when collected by the
Water Division shall be depos~ted in the water operat~ng
fund as reimbursement for the Div~sion's costs and expenses
of administration and enforcement of this ordinance.
5. In l~eu of, or in addltlon to any
other penalties provided in th~s Section 6, the Water
Dlvision may reduce the amount of water provided to any
customer who exceeds the maxlmum conservat~on phase usage
at any t~me, to the level WhlCh that cust~r would be using
if the restrictions then in effect pursuant to this ~dinance
were complied with.
SECTION 7. RELIEF FROM COMPLIANCE. The City
Manager or his designated representative may, in wr~ting,
grant variances to persons who apply, on forms supplied by
the City, for usages of amounts of water greater than those
permitted in this ordinance under the appllcable phase if
it ~s found that such variance is necessary to prevent an
emergency cond~tion relating to health, safety, extreme
economic hardship ~n the case of industrial use, or essential
governmental serv~ces such as police, fire, and siffi1!ar
emergency serv~ces. For these purposes, the City Manager or
his designated representative may promulgate guidel~nes, WhlCh
shall, upon approval of the City Council be effective for
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determining whether such variance from the provisions of
th~s ordinance should be made.
SECTION 8.
DURATION OF ORDINANCE. Th~s
ord1nance shall rema1n ~n effect unt~l the City Council
f~nds that the emergency caused by the drought has ended.
SECTION 9.
Th~s ordinance is declared to be
an emergency measure adopted pursuant to the provisions of
Section 615 of the Charter of the City of Santa Mon1ca and
is necessary for preserving the publ~c peace, health and
safety, and the urgency for its adopt~on is set forth in
the f~nd1ng above.
SECTION 10.
The Mayor shall sign and the City
Clerk shall attest to the passage of this ordinance. The
C~ty Clerk shall cause the same to be published once in the
official newspaper within fifteen (15) days after its adoption.
This ord1nance shall become effective immediately upon its
adopt1on, pursuant to Sect10n 619 of the Charter of the City
of Santa Monica, or upon its adm1nistrative implementation,
wh~chever last occurs.
SECTION 11.
The prov1sions of this ord1nance
are in addit10n to all other ordinances regulating water
usage and rates, and in the event of a conflict between this
ordinance and any other relating to the same subJect matter,
the confl~ct shall, insofar as practical be resolved to
effectuate the purposes of this ordinance.
ADOPTED and APPROVED this 28th day of
June
1977.
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vMbYOR
ATTEST:
rhuA'L ~~
P -tJlERK
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES 58.
CITY OF Sh~TA MONICA
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I do hereby certify that the foregoing ord~nance
Council on the 28th day of
was duly and regularly introduced at a meeting of the City
, 1977; that there-
June
after the said ordinance was duly adopted at a meeting of the
City Council on the 28th day of
June
, 1977; by
the following vote of the Council:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM:
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COUNCILMEMBER: Bambrick, Scott, Trlves
van den Steenhoven,
Mayor Pro Tempore Cohen
COUNCILMEMBER: None
COUNCILMEMBER: Reed, Mayor Swink
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t7 ',.cITY CLERK
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