SR-8-C (40)
5'() 5'--- co 2-
~-c
SEP 'L b 1990
GS:SES:CP (control)
Council Meeting: September 25, 1990
Santa Monica, California
TO: Mayor and city Council
FROM: City Staff
SUBJECT: Extension of Emergency Wastewater Control Ordinance
INTRODUCTION
This report recommends an extension of the City's emergency
wastewater control ordinance for one year, until June 30, 1991.
BACKGROUND
On July 26, 1988, the City Council approved emergency Ordinance No.
1451 which restricted the amount of wastewater permltted to be
discharged into the Santa Monica sewer system.
The Ordinance
limited the growth in sewage flows generated by new development in
FY1988-89 (July 1, 19BB to June 30, 19B9) to no more than a 1.36
percent net increase over the total amount of wastewater generated
by the city during the prior fiscal year (July 1, 1987 to June 30,
1988) .
New developments could not be issued a bu~lding permit
without first applying for and receiving a sewer permit.
Ten percent of the permitted annual wastewater lncrease was
reserved in the ordinance for priority proJects as def~ned below:
(a) Low or moderate income housing projects
(b) Homeless shelters
(c) Child day care facilities
(d) Public and private non-profit schools
(e) Community service facilities
r-c
SEP 'i ~ 1990
(f) Residential housing proJects of no more than four units
(g) Public restrooms
Any project which demonstrated that it will generate a zero net
flow, either through the installation of an on-site treatment
system or through sufficient retrofitting of existing plumbing
fixtures in the city with ultra low-flow fixtures, was exempted
from the sewer permit requirements.
Emergency Ordinance 1451 was originally adopted for a one-year
period ending June 30, 1989. On July 26, 1989, the Council
extended the emergency measures by adopting emergency Ordinance
1488. Ordinance 1488 did not change any of the measures enacted by
the prior emergency ordinance, but simply extended the time the
emergency measures would be in effect. Staff has determined that
it is necessary to again adopt the provisions of the emergency
ordinance for another one-year period since the potentlal growth-
induced demands on the Hyperion Treatment System would outstrip
available capacity if allowed to proceed unchecked.
During the period July 1, 1989 through June 30, 1990, a total of 58
sewer permits were issued by the city. These 58 permits
represented a total projected net wastewater increase of 67,660
gallons per day, or approximately 44 percent of the total
allocation which was available for the year (155,176 gallons per
day) . Of the total amount allocated, 2,495 gallons per day
represented priority category projects. The total net wastewater
flow from new development in the city during the year was therefore
87,516 gallons per day less than the maximum which could have been
allowed under the emergency ordinance. This fact is primarily the
resul t of the timing of development approvals as the potential
wastewater flows represented by proposed projects in the "pipeline"
far exceed the annual sewer allocation limit.
RECOMMENDATIONS
It is respectfully recommended that the city council adopt the
attached emergency wastewater control ordinance to be in effect
until June 30, 1991.
Prepared by:
stan Scholl, Director of General Services
Craig Perkins, Admin.jEnvlron. services Manager
.n.genda IteI'1 #
BEFORE DISTRIBUTION CHECK CONTENT OF ALL FOR CITY CLERK'S ACTION
DISTRIBUTION OF RESOLUTION #~ ORDINANCE :# /S- ~ V
Introduced: ~~~~o
Adopted: ~~~~
ALWAYS PUBLISH ~DOPTED ORDINANCES
Cross out Attorney's approval
VOTE:
Afflrmatlve:
Negatlve:
Abstaln:
Absent:
PROOF VOTES WITH ANOTHER PERSON BEFORE ANYTHING
DISTRIBUTION: ORIGINAL to he slgned, sealed and flled ln Vault.
,
~EWSPAPER PUBLICATION (Date: ) I
Department orlglnatlng staff report ( Laurle Lieberman)
Ordlnances only for Attorney ( Claudia Thompson) 2
Management Servlces Lynne Barrette ORDINANCES ONLY 1
Agency mentloned ln document or staff report
(certlfled?)
SubJect flle (agenda packet)
1
Counter flle
1
Others: (Review for departments who need to know).
Alrport Parklng Auth.
Audltorlum
BUlldlng Dept.
C/ED
Personnel
Plannlng
Poll.ce
Purchaslng
Recr/Parks
Transportatlon
Treasurer
F .J-nance .
~;ss~5,.I.~1 --L
General Serv. -
A~~ ~~~ .~~
Llbrary
"'lar;.ager
Flre
SE~D FOUR COPIES OF ALL ORDINANCES TO:
CODED SYSTEMS
120 Maln Street
Avon, New Jersey 07717
4
SEND FOUR COPIES OF ALL ORDINANCES TO:
Rebecca Garrido
Santa Monlca Munlclpal Court
1725 Maln Street, Room 118
Santa Monlca, CA 90401
4
Total Copl.es
Iy
!
CA:RMM:jld48S/hpc
City Council Meeting 9-25-90
Santa Monica, California
ORDINANCE NUMBER 1544 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTIONS 7183, 7184, AND 7185 TO REVISE THE
WASTEWATER CONTROL ORDINANCE AND DECLARING
THE PRESENCE OF AN EMERGENCY
WHEREAS, on July 26, 1988, the City Council of the City of
Santa Monica added Chapter 2B to Article VII of the Santa Monica
Municipal Code; and
WHEREAS, on July 25, 1989, the City council extended the
effective date of the ordinance through June 30, 1990; and
WHEREAS, the conditions giving rise to such action as set
forth in Santa Monica Municipal Code section 7180 still exist,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1.
Santa Monica Municipal Code Section 7183 is
amended to read as follows:
SECTION 7183. Wastewater Control.
(a) Effective July 1, 1990, the
cumulative
amount
of
increase
in
wastewater permitted to be discharged into
or carried by the Santa Monica sewer
system from projects obtaining building
permits in the period July 1, 1990,
- 1 -
through June 30, 1991, shall be no greater
than 1.36% above the total amount of
wastewater discharged into or carried by
the Santa Monica sewer system during the
period July 1, 1989 through June 30, 1990.
No more than fifty percent (50%) of the
net increase in wastewater shall be
permi tted to occur in the period July 1,
1990 through December 31, 1990. The
remainder of the permitted increase may
occur in the period January 1, 1991
through June 30, 1991.
(b) The Director of General
Services shall ensure compliance with this
Section through the issuance of sewer
allocation permits that regulate the
amount of increased wastewater that
projects shall be permitted to discharge
into the Santa Monica sewer system.
SECTION 2. Santa Monica Municipal Code section 7184 1S
amended to read as follows:
SECTION
permit.
(a) Sewer allocation permits shall
be provided on a first come first served
basis in accordance with the terms of this
Chapter. No application for a sewer
7184.
Sewer
Allocation
- 2 -
allocation permit shall be accepted for
filing or otherwise processed by the
Director unless the applicant provides
documentation on forms provided by the
Director that the project has received all
other City approvals or permits necessary
to commence the project, with the
exception of building and sewer allocation
permits.
(b) A sewer allocation permit shall
be issued only if the Director determines
that the Santa Monica sewer system has
sufficient capacity as established by
Section 7183 to accommodate the net
increase in wastewater created by the
project.
(c) If the Director determines that
there is insufficient increased wastewater
capacity to accommodate a project, then at
the applicant's request, the Director
shall place the project on a waiting list
in order of the date and time of day that
the permit application was accepted for
filing by the Director. Those projects
placed on the waiting list established for
the period July 1, 1990 through December
31, 1990, shall have first entitlement for
any increased sewage capacity allotted for
- 3 -
the period January 1, 1991 through June
30, 1991, in order of their place on the
waiting list.
(d) The Director shall reserve ten
percent (10%) of the permitted annual
wastewater increase established by Section
7183 for the exclusive use of priority
projects as defined in Section 7187.
Priority projects shall be entitled to
utilize no more than fifty percent (50%)
of the reserved amount in the period July
1, 1990 through November 30, 1990, and no
more than fifty percent (50%) of the
reserved amount in the period January 1,
1991 through May 31, 1991. In the period
December 1, 1990 through December 31,
1990, any unallocated reserve from the
period July 1, 1990 through November 30,
1990, shall become available for
allocation to any project. In the period
June 1, 1991 through June 30, 1991, any
unallocated reserve from the period
January 1, 1991 through May 31, 1991,
shall become available for allocation to
any project.
(e) If the reserve is completely
allocated to priority projects through
permits issued prior to December 1, 1990,
- 4 -
then at the applicant's request, the
Director shall place the project on a
waiting list in accordance with the terms
of subsection (c) above. Thereafter,
priority projects shall be permitted to
utilize the wastewater increase allocated
to nonpriority projects to the same extent
as such projects. Any priority project
placed on a waiting list that is unable to
obtain a permit by December 31, 1990,
shall have first entitlement to the
reserve allocated to priority projects for
the period January 1, 1991 through May 31,
1991, in order of its place in the waiting
list.
SECTION 3. Santa Monica Municipal Code Section 7185 is
amended to read as follows:
SECTION
Increase.
(a) In determining the amount of
wastewater increase from a project, the
Director shall calculate the project's net
wastewater increase. In performing this
calculation, the Director shall determine
the estimated amount of wastewater from
the project site that occurred during the
period July I, 1989 through June 30, 1990,
7185.
Net
wastewater
- 5 -
by using the city's utility records and
other appropriate information. The
Director shall subtract the estimated
amount of wastewater produced by the
existing site from the estimated amount of
wastewater which the Director determines
will be produced by the project with
reference to the project's intended size,
density, and uses. The resulting figure
shall be the project's net wastewater
increase which shall be subject to the
provisions of Section 7183.
(b) Any permit applicant subject to
this Chapter whose application for
development was deemed complete by the
Director of Planning and Zoning prior to
July 1, 1987, shall have the option to
have the Director calculate the proj ect' s
net wastewater increase by determining the
site's estimated wastewater flow for
either of the followings periods, July 1,
1986 through June 30, 1987, or July 1,
1987 through June 30, 1988, by using the
City's utility records and other
appropriate information.
SECTION 4. Any provision of the Santa Monica Municlpal
Code or appendices thereto inconsistent with the provisions of
- 6 -
.
this Ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 5. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City council hereby
declares that it would have passed this ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 6. This Ordinance is declared to be an emergency
measure adopted pursuant to the provislons of City Charter
Section 615 and is necessary for preserving pUblic peace, health
and safety. The urgency of its adoption is set forth in findings
set forth in Santa Monica Municipal Code section 7180.
- 7 -
.
SECTION 7. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The city Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption.
Pursuant to City Charter
section 619(d), this Ordinance shall take effect and be in full
force immediately after the passage and adoption thereof.
APPROVED AS TO FORM:
~~~'~
ROBERT M. MYERS
City Attorney
- 8 -
.
Adopted and approved this 25th day of September, 1990.
Da-, )M~
I hereby certify that the foregoing Ordinance No. 1544 (CC5)
was duly and regularly introduced at a meeting of the city
council on the 25th day of september 1990: that the said
Ordinance was thereafter duly adopted at a meeting of the city
Council on the 25th day of September 1990 by the following
Council vote:
Ayes: Councilmembers: Abdo, Finkel, Genser, Jennings,
Katz, Reed, Mayor Zane
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
rA~1/1
'9~ <ytt:.y Clerk