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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