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SR-6-L (30) GS:CP:emerord3 Council Meeting: March 3, 1992 6-L MAR '. "')0 ' ;) I:;....L Santa Monica, California /' 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. 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