SR-8-B (110)
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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
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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.
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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;
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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.
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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.
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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.
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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
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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
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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:
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(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.
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(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.
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(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.
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(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)
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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