SR-6-L (30)
GS:CP:emerord3
Council Meeting: March 3, 1992
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MAR '. "')0 '
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Santa Monica, California
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To: Mayor and City Council
From: City staff
Subject: Recommendation to Direct City Attorney to Amend Santa
Monica's Emergency Water Conservation Ordinance
INTRODUCTION
This report recommends that the City Counci 1 direct the City
Attorney to amend those portions of Santa Monica's emergency water
conservation ordinance that pertain to the construction of swimming
pools and decorative fountains.
BACKGROUND
In February and March, 1991, Council adopted an emergency water
conservation ordinance for all residents and businesses in Santa
Monica. This emergency ordinance became effective April 1, 1991 and
mandates a 20 percent cutback in water usage by every water
customer when compared to their usage during the same period in
1990. Those customers who do not cut back their water usage by 20
percent, based on targets established for each two-month billing
period, are subject to surcharge penalties.
Conservation Achievements to Date
Between April 1, 1991 and January 31, 1992 residents and businesses
in Santa Monica reduced their water usage by an average of 24.8
1
6-L
r1AR 3 1992
percent over the same period in 1990 (see attached chart). This
outstanding achievement by Santa Monica residents and businesses is
even more impressive when compared to pre-drought water usage five
years ago in 1986. Average water usage between April 1991 and
January 1992 is down 33.2 percent when compared to the same period
in 1986. Current water usage in Santa Monica is averaging
approximately 10.8 million gallons per day, or 3.6 million gallons
per day less than last year. This decrease in water usage has also
lowered the city's sewage flows to an average of 8.5 million
gallons per day. These are the lowest water usage and sewage flow
amounts that the city has experienced in over 20 years. It should
be noted that water use by City of Santa Monica facilities
(including City parks) is down an average of 20 percent when
compared to water use in 1990.
DISCUSSION
Although the city's emergency conservation ordinance is clearly a
success based on the actual cutbacks in citywide water usage over
the past nine months, at this time it is recommended that changes
to the emergency ordinance as it pertains to the construction of
swimming pools, decorative ponds and fountains be approved by
Council.
Santa Monica's emergency conservation ordinance prohibits the
issuance of building permits for construction of new swimming pools
or remodeling of existing swimming pools effective April 1, 1991.
2
A moratorium on building permits for decorative ponds and fountains
is also in effect. Swimming pools which are constructed under a
building permit which was issued prior to April 1, 1991 can be
filled for the first time without violating the ordinance. However,
the customer is responsible for any surcharges which may occur from
the filling of the pool. The issuance of building permits for spas
and hot tubs is not restricted by the emergency ordinance.
Many reasons have been put forth by water customers to justify
their special need for a swimming pool (therapeutic medical
reasons, etc. ). Also, no distinction is made in the current
ordinance between single family pools, mUlti-family pools, hotel
pools,
school district pools,
or pools at health/fitness
facilities. The pools at many of these facilities serve a large
clientele and provide, it can be argued, an essential service to
the community. The conclusion drawn by staff, in order to resolve
the swimming pool issue, is that the City's emergency ordinance
should be amended to allow the construction of all types of
swimming pools if the three conditions stated below are met.
1) All applicants for a building permit to construct a new
swimming pool must first pay a mitigation fee based on
two-times the total estimated first year water demand.
The funds collected will be used to retrofit existing
toilet fixtures in the city with ultra low-flow models to
save an amount of water equal to two-times the projected
water demand (it is estimated that approximately $1,000
would need to be paid for a 25,000 gallon residential
pool) .
2) All new outdoor swimming pools constructed in the City
must have a pool cover installed to reduce water loss
3
through evaporation. Any such pool cover
installed must meet all applicable local,
federal requirements/regulations.
which
state
is
and
3) The first filling or any re-filling of any pool in the
city will be subject to mandatory water cutback targets
i.e., no variance requests will be granted for the
filling or re-filling of a swimming pool.
In addition to the changes proposed for swimming pools, it is
recommended that Council amend the emergency ordinance to allow the
issuance of building permits for decorative ponds and fountains if
the applicant complies with conditions number one (1) and number
three (3) as stated above. Also, all ponds and fountains must be
built with water recycling systems. The construction of decorative
ponds and fountains has a very small impact on overall City water
use, and the consistency of the emergency ordinance would be
maintained if they remained subject to the same regulations as
swimming pools. Many current problems related to inspections and
enforcement would also be avoided.
BUDGET/FISCAL IMPACT
If the recommendations of this report are adopted, it is estimated
that water demand mitigation fee revenues will increase depending
on the number of building permits for swimming pools and decorative
water features which are issued. It is not expected that this
revenue increase will be significant. since all water demand
mitigation fee paYments are deposited in a deferred revenue account
subject to AB 1600 restrictions, the current budget for this
revenue account does not need to be increased.
4
RECOMMENDATIONS
It is recommended that Council direct the city Attorney to amend
the emergency water conservation ordinance as described in this
report to allow the construction of swimming pools, decorative
ponds and fountains if specific conditions are met.
Prepared by:
stan Scholl, Director of General Services
John Mundy, utilities Manager
Craig Perkins, Environmental Services Manager
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