Loading...
SR-8-B (110) p-.g GS:CP:emeord Council Meeting: April 14, 1992 APR 1 4 1992 Santa Monica, California To: Mayor and City Council From: city staff Subject: Recommendation to Adopt Conservation Ordinance Amended Emergency Water INTRODUCTION Based on improved state water supply proj ections, this report recommends that Council adopt two amendments to the city's emergency water conservation ordinance: 1) suspend all mandatory cutback requirements; and 2) modify the water demand mitigation fee for new development so that the fee calculation is based on one times the total estimated water demand rather than the current requirement for mitigation based on two times the estimated total demand. DISCUSSION Mandatory Cutback Requirements On March 17, 1992, the City Council approved amendments to the City'S emergency water conservation ordinance which reduced the mandatory cutback target for businesses and residents from 20 percent to 10 percent of 1990 water usage. This change was prompted by similar action which had been taken by the Metropolitan Water District. On Friday March 27, 1992, the MWD Board of Directors 1 conservation targets for their P-13 voted to suspend all mandatory water APR 1 4 i93L member agencies, including the city of Santa Monica. This MWD action is based on an further improvement in the state water supply situation and a projected increase in the availability of water from the State Water Project. Although the drought is not over, more water will be available to urban water agencies this year than was available last year. Based on latest water supply projections from the state and the latest action by the Metropolitan Water District, it is proposed that the City suspend Santa Monica's mandatory cutback requirements and adopt a voluntary 10 percent conservation goal. The voluntary conservation goal is necessary both since the current drought is not yet over and because long term water conservation has become an imperative for Southern California as well as most other parts of the state. The effective date of this change is proposed to be retroactive to April 1, 1992. No future penalties will be assessed to customers who do not meet their 10 percent voluntary cutback goal but each customer will be notified on their utility bill as to their ongoing conservation accomplishments. It is proposed that staff present to Council a monthly water use report which will indicate overall City performance towards the voluntary 10 percent conservation goal. If it appears that the City's conservation targets cannot be met with a voluntary program, staff will recommend that mandatory cutback requirements and surcharge penalties be re-implemented. 2 Water Demand Mitiqation Requirements for New Development In addition to the recommended suspension of mandatory conservation targets, it is recommended that the Council modify the current water demand mitigation fee section of the emergency ordinance so that only one times the total gross water demand from new projects must be mitigated. staff believes that a change to a one times gross mitigation requirement from the current two times gross mitigation requirement would be consistent with the modification of other mandatory provisions of the emergency ordinance but would still maintain an important ongoing mechanism to control demands on the City's water supplies from new development. Existinq Water Conservation Requirements No changes are recommended to the other mandatory water conservation requirements. These provisions are summarized below: o No watering of lawns or landscapes between the hours of 10 am and 4 pm on any day, and no watering of lawns or landscapes more frequently than two times each week; o No hosing down of sidewalks, driveways, patios, alleys, or parking areas; o Lawns and landscapes shall not be excessively watered, and water shall not run off these areas onto streets, alleys, or gutters at any time; o Swimming pools may not be filled except for the first filling of a permit-constructed pool or in cases where it can be certified that leak repair work has been performed; o All water leaks from exterior or interior pipes or plumbing fixtures must be repaired immediately; o No person shall waste water or allow it to flow without reasonable use; 3 o No washing of vehicles of any kind is permitted except with a hand-held bucket or a hose equipped with a shut-off nozzle, or at a vehicle washing facility which recycles its water; and o Restaurants shall serve water only upon request and must post a sign on each table indicating this restriction. Failure to follow these rules can result in a $100 citation or a 20 percent surcharge to be placed on a violator's water bill. staff is continuing to formulate additional requirements for such items as drought tolerant landscaping, water efficient plumbing fixtures and other conservation measures for application to residential and business water use. Many of these additional conservation provisions will be presented to Council for review and approval over the next few months. Responding to Lonq-Term Water Supply Problems The clear message contained in projections of future water supply for the state is that businesses and residents cannot return to their pre-drought water use patterns. Santa Monica is fortunate to be able to obtain approximately 50 percent of its water from local groundwater sources. These groundwater resources, however, are finite and must be used judiciously. For the foreseeable future, Santa Monica will continue to rely on imported water for approximately one-half of its total needs. Recent estimates by the Metropolitan Water District and others conclude that the adequacy of future supplies of imported water into the region is problematic. Water conservation practices, therefore, must become ingrained into our everyday patterns at home and at work. 4 The goal of the amended water conservation ordinance and the various water conservation programs which have been implemented by the city over the past few years is to permanently reduce per capita water demand. Achievement of this long-term goal will allow the city to realize substantial environmental and financial benefits. The changes which are requested in this report are consistent with this goal. Public Information/Outreach Once the proposed ordinance changes are approved by Council, a notification will be mailed to all City water customers in as timely a fashion as is possible. Other media will also be utilized to ensure that customers are both aware of the change in the ordinance as well as the ongoing need to conserve. Information on the new phase of the city's BAYSAVER program for both residential and commercial customers will also be included in this public education effort. The BAYSAVER program is now available to business customers in addition to residential customers. BUDGET/FISCAL IMPACT Approval of the recommendations in this report will result in a decrease in Water Mitigation Fee revenues of approximately $400,000 during the next fiscal year. The magnitude of the actual impact may differ from this estimate based on fluctuations in development activity. The FY 1991-92 estimated actual revenues for water mitigation fees already reflects the reduced fee levels. 5 Elimination of emergency surcharge penalties will result in $0 accruing to the surcharge revenue accounts in the water and wastewater funds for the upcoming fiscal year. The current estimated actual for FY 1991-92 surcharge revenue receipts is still believed to be accurate since it was based on very conservative early estimates. with the suspension of mandatory conservation requirements and the substitution of a voluntary 10 percent conservation goal, it is projected that water usage will increase citywide by approximately 10 percent over the levels of the past year, during which time a 20 percent cutback requirement was in effect. This increase in water use will result in an increase in water and wastewater user charges. Analysis of the various revenue changes discussed above leads staff to conclude that the net impact of the various revenue fluctuations will be neutral on both the water and wastewater funds. It is therefore not necessary to recommended any changes to the current or proposed water/wastewater program budgets. The BAYSAVER Phase II program budget which was adopted by council two months ago anticipated the decrease in water mitigation fee revenues which are proposed in this report. 6 RECOMMENDATIONS It is recommended that City Council amend the City's emergency water conservation ordinance to suspend mandatory cutback requirements and revise the water demand mitigation fee. A copy of the amended ordinance is attached. Prepared by: Stan Scholl, Director of General Services John Mundy, Utilities Manager craig Perkins, Environmental Services Manager Susan Munves, Conservation Coordinator 7 CA:RMM:jld694b/hpc/pc city council Meeting 4-14-92 Santa Monica, California ORDINANCE NUMBER (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 2A OF ARTICLE VII OF THE SANTA MONICA MUNICIPAL CODE RELATING TO WATER CONSERVATION MEASURES AND DECLARING THE PRESENCE OF AN EMERGENCY THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 2A of Article VII of the Santa Monica Municipal Code is amended to read as follows: CHAPTER 2A - WATER CONSERVATION SECTION 7240. Findings. The city Council finds and declares: (a) The State of California, including the City of Santa Monica, suffers from recurring severe drought conditions and even during non-drought periods water is a scarce resource throughout much of Southern California. (b) An active water conservation program within the City of Santa Monica is essential to preserve water resources and to reduce the risk and severity of water - 1 - shortages when drought or natural disaster occurs. (c) ~mergency water shortage conditions within the state of California and within the City of Santa Monica can arise on short notice as a result of drought or natural disaster. As a result, the residents of the city of Santa Monica live under an almost constant threat of water shortage. The enactment of a water reduction plan as an emergency measure is necessary in order to preserve the publ ic peace, health, and safety. (d) An emergency water conservation plan is necessary to minimize the effect of the shortage of water within the City of Santa Monica. Such a plan will significantly reduce the long and short term consumption of water, thereby preserving available water for the future requirements of the City, while minimiz ing the hardship caused to the general public to the greatest extent possible. SECTION 7241. Water conservation Requirements. The following water conservation requirements shall apply to all persons within the city of Santa Monica: - 2 - (a) watering Days. No lawn or landscape area shall be wa tered more frequently than twice during any seven (7) day period unless reclaimed water is utilized as permitted by law. (b) Waterin9 Hours. No lawn or landscape area shall be watered between the hours of 10:00 a.m. and 4:00 p.m. on any day. This subsection shall not apply to any drip irrigation system approved by the Director of General Services or if the Director of General Services approves in wri ting an exemption for irrigation system maintenance, leak repair, or new planting of low water usage plants or if reclaimed water is utilized as permitted by law. (c) Anti-Waste Measures. No person shall: (l) Wash, clean, or clear with water walkways, patios, driveways, alleys, or parking areas, whether paved or unpaved except by use of a hand held bucket or similar container or by use of a cleaning machine equipped to recycle any water used. In no event shall any water so used be permitted to run off into streets, alleys or storm drains. - 3 - (2) Wash or clean with water any vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or unmotorized, except by use of a hand held bucket or similar container or a hose equipped with a positive action quick release shut-off valve or nozzle. This subsection shall not apply to any commercial car washing facility which utilizes a recycling system to capture or reuse water. (3) Excessively water any lawn area and water shall not be run off lawns or landscape or landscape permitted to areas onto any gutters, streets, or alleys. (4) Clean, fill, or maintain water levels in decorative fountains, ponds, lakes, or displays unless: (a) Prior to the issuance of a building permit a fee is paid to the Director of General Services that is equal to the estimated first year water demand of the fountain, pond, lake or display, as determined by the Director of General services; and (b) The fountain, pond, lake or display is constructed with a water recycling system. - 4 - (5) Fill any hot tub, spa or permanent swimming or wading pool with water unless: (a) Prior to the issuance of a building permit a fee is paid to the Director of General Services that is equal to the estimated first year water demand of the hot tub, spa, permanent swimming or wading pool, as determined by the Director of General Services; and (b) The hot tub, spa, wading pool is or equipped with a loss due to permanent swimming or constructed, installed cover to reduce water evaporatlon. (6) Cause, permit or allow water to leak from any exterior or interior pipe, hose, or plumbing fixture of any kind whatsoever. (d) Eating and Drinking Establishments. All eating and drinking establishments of any kind whatsoever including, but not limited to, any restaurant, hotel, cafe, cafeteria, bar, or club, whether public or private, shall only provide drinking water to any person upon receipt of an express request. - 5 - (e) Exceptions. The provisions of this section are not applicable to the uses of water which are necessary to protect public health and safety or for essential governmental services, such as police, fire, and other similar emergency services. SECTION 7242. Water consumption Limits. (a) Effective April 1, 1992, the water consumption limits imposed by section 7242 of Ordinance Numbers 1571 (CCS) and 1616 (CCS) shall no longer be enforced and shall be suspended. (E) The City council by Resolution is authorized to require or reimpose reductions in the use of water if such reductions are necessary in order for the ci ty to comply with water use restrictions imposed by federal, state or regional water agencies or to respond to emergency water shortage conditions. SECTION 7243. Excess Water consumption Surcharge and Flow Restriction. Effective April 1, 1992, no customer of city supplied water shall be charged a surcharge for the excess use of water as authorized by Section 7243 of Ordinance Numbers 1571 (CCS) - 6 - and 1616 (CCS). Nothing in this Section is intended to effect in any way any of the surcharges, penalties, or remedies provided for in section 7246 of this Chapter. SECTION 7244. Water consumption Limits and Fees for New Development. Effective April 1, 199~, no person shall be issued a building permit for any development project unless: (a) The development will not affect or alter any plumbing fixture; or (b) The development involves a single family residence and is not a substantial remodel as defined in Santa Monica Municipal Code Section 9000.3 and will not increase by more than fifty percent (50%) the square footage of the principal building; or (c) multl-family substantial The development residence and involves a is remodel as defined in not a Santa Monica Municipal Code section will not increase the number units on the property; or (d) The person pays in advance a fee to the Director of General Services sufficient to mitigate the estimated daily 9000.3 and of dwelling - 7 - water consumption rate projected for the development, except that any person requesting a building permit for any low and moderate income housing development shall be required to pay a fee sufficient to mitigate only the estimated net increase in daily water consumption rate projected for the development. The City council shall by Resolution establish or amend any fee permitted by this section. SECTION 7245. Appeals. (a) Any customer assessed a surcharge or other penalty pursuant to this Chapter may claim that the surcharge or other penalty was not properly assessed in accordance with the provisions of this Chapter by requesting a hear ing wi thin the time and manner set forth in Municipal code section 6072, provided that no hearing request shall be deemed timely filed and no hearing shall be held unless, within the time period to request a hearing, the customer deposits with the city money in the amount of any unpaid bill, less the disputed surcharge or other penalty amount, due under this Chapter. If as a result of the hearing it is determined that the surcharge or other - 8 - penalty was properly assessed, the customer shall pay any applicable surcharge. The decision of the Hearing Examiner shall be final except for judicial review and shall not be appealable to the city Council. The hearing officer's decision shall be reviewable by petition filed pursuant to California Code of civil Procedure section 1094.5, provided judicial review is sought not later than the ninetieth (90th) day following the date in which the decision becomes final in accordance with the provisions of Section 1400 of this Code and Code of civil Procedure Section 1094.6. (b) It shall not be a defense to the assessment of any surcharge or other penalty or to any other civil enforcement action provided for under this Section for a customer to assert that any violation of this Chapter was caused by the actions of a person other than the customer except if the violation was caused by the criminal or negligent action of a person who was not an agent, employee, or family member of the customer. provided subsequent (c) Any surcharge or other penalty for hereunder may be added to water billings until paid and - 9 - when collected by the Water Division shall be deposited in the Water Operating Fund. SECTION Remedies. (a) The violation of this Chapter shall constitute an infraction punishable by a fine not to exceed One Hundred Dollars ($100.00). Each day that a violation occurs shall constitute a separate offense. (b) In addition to any other surcharge or penalty as may be provided for in this Chapter, any customer who fails to comply with any provision of section 7241 may be assessed a surcharge of Twenty Dollars ($20.00) or twenty percent (20%) of the customer's total water bill for the most recent billing period, whichever is greater. (c) Pursuant to Penal Code section 7246. Penalties and 836.5, the Conservation Coordinator or Water Conservation Inspector may arrest without a warrant any person whenever the Coordinator or Inspector has reasonable cause to believe that the person to be arrested has committed an infraction in his or her presence which is a violation of this Chapter. In any case ln which a person is arrested pursuant to this Section, and the person arrested does - 10 - not demand to be taken before a magistrate, the Conservation Coordinator or Water Conservation Inspector shall prepare a written notice to appear and shall release the arrested person or his or her promise to appear as provided for in section 3606 of this Code. (d) Willful Misrepresentation. It shall constitute a misdemeanor punishable by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment for a period not to exceed six ( 6 ) months or both, for any person to knowingly misrepresent any material fact to any employee, agent or representative of the City in any attempt or effort to circumvent or otherwise diminish the effectiveness of any of the requirements imposed by any part of this Chapter. (e) A violation of any provision of this Chapter is declared to be a public nuisance and the City Attorney is authorized to abate such violation(s) by means of a civil action. (f) established cumulative. The by penalties and the Chapter remedies shall be - 11 - SECTION 7247. Relief from Compliance. The Director of General Services or his or her designated representatives may, in writing, grant variances to persons who apply on forms supplied by the city for: (a) Usages of water prohibited by section 7241 if it is found that a variance is necessary to prevent an emergency condition relating to health and safety, and if the person seeking a variance has demonstrated that he or she has implemented water conservation measures in some other manner that achieves the objectives of this Chapter. No variance may be granted for the filling of any fountain, pond, lake, display, hot tub, spa, or permanent swimming or wading pool, unless the filling occurs as the result of performing necessary leak repairs and unless the other provisions of this Section are met. (E) Any customer who has been assessed a surcharge pursuant to this Chapter may request a variance pursuant to subsection (~) but must first pay in full the amount of any unpaid bill, less the disputed surcharge amount, prior to filing a variance application. The request for a - 12 - variance must be filed within the time period established by Santa Monica Municipal Code section 6072. If the variance application is denied in whole or in part the customer shall be assessed the applicable surcharge. (~) No variance shall be granted to any customer unless the customer has demonstrated that he or she has already achieved the maximum practical reduction in water consumption as can be achieved by the affected property or business. Any variance granted shall be based upon the water consumption rates of similar water users, properties or businesses. (~) Any person denied a variance in whole or in part may appeal the denial to a three person variance review board established by the City Manager. Any such appeal shall be made in writing within ten (10) days of the denial on a form supplied by the city and shall be accompanied by the payment of any applicable fee. The variance review board may approve, modify or deny any variance request and may uphold, modify, or nullify any surcharge. The decision of the variance review board shall be final except for jUdicial review in accordance with the - 13 - provisions of section 7245 (a) of this Chapter and shall not be appealable to the city Council. The variance appeal board shall establish procedures for the processing and consideration of appeals. SECTION 7248. city of Santa Monica Voluntary Water Conservation Plan. In addition to the water conservation requirements established by this Chapter, the City Manager or his or her designate is authorized to develop and promulgate a voluntary water conservation plan which shall be directed to achieve at least a ten percent (10%) reduction in water consumption from 1990 levels within the City of Santa Monica. SECTION 7249. Fees. The City Council may, by resolution, establish fees for the filing, processing, or approval of any application, permit or variance provided for under this Chapter. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of 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. - 14 - SECTION 3. 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 4. 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. This Ordinance shall become effective after 30 days from its adoption. SECTION 5. This Ordinance is declared to be an emergency measure adopted pursuant to the provisions of City Charter section 615 and is necessary for preserving the public peace, health, and safety. In addition to the findings of an emergency set forth in Section 1, the city Council finds that the water conservation measures contained in the amendment to this Chapter will achieve continued significant reductions in water usage, while maintaining consistency between water regulations of the City, neighboring communities and state and regional water suppliers and districts. Continued conservation measures are necessary since the City's water supply is subject to disruption due to natural disasters such as earthquakes, and since the - 15 - recent drought has significantly depleted the city's and Southern At this time, it cannot be California's water resources. determined whether the severe drought conditions of the last five years have completely ended. However, the increase in rainfall during the 1991-92 rain season enables the city to alter and ease some of the previously enacted water conservation requirements. Pursuant to City Charter Section 619 (d), this Ordinance shall take effect and be in full force and effect immediately after the passage and adoption thereof. APPROVED AS TO FORM: ROBERT M. MYERS city Attorney - 16 -