SR-8-B (111)
CA:RMM:jld694c/hpc/pc
city Council Meeting 4-14-92
/I.. -Ie 1'-8
APR 1 4 '992
Santa Monica, California
SUPPLEMENTAL STAFF REPORT
TO:
Mayor and City Council
FROM:
city Attorney
SUBJECT:
Ordinance 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
accompanying
ordinance,
which
was
previously
transmitted to you, has been amended on pages 4 and 5. On page
4, subsection (4) has been amended to regulate the use of water
in decorative fountains, ponds, lakes or displays to only
initially filling the same.
The prohibition on cleaning or
maintaining water levels ln the fountains, ponds, lakes or
displays has been eliminated.
On page 5, the word II initially"
has been added to subsection (5).
PREPARED BY: Robert M. Myers, City Attorney
Joseph Lawrence, Assistant City Attorney
/144 ~ }-....9
APR 1 4 1992
CA: ~~
city Co.
~~
jhpc/pc
::...._feeting 4-14-92
Santa Monica, California
ORDINANCE NUMBER 1619 (CCS)
(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 Monlca, 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 Wl thin the City of Santa Monica is
essential to preserve water resources and to
reduce the ris~ and severity of water
- 1 -
shortages when drought or natural disaster
occurs.
( c)
conditions
and within
~mergency water
wi thin the state of
the city of santa
shortage
California
Monica can
arise on short notice as a result of drought
or natural d~saster. 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 public
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
slgnlficantly reduce the long and short term
consumption of water, thereby preserving
available water for the future requirements
of the city, while minimizing 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 withln the city of Santa Monica:
- 2 -
(a) Watering Days. No lawn or
landscape area shall be watered more
frequently than twice during any seven (7)
day period unless reclaimed water is
utilized as perm1tted by law.
(b) Wa ter ing 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 irrlgation system approved by the
Director of General Services or 1f the
Director of General Services approves ln
writing an exemption for irrlgation system
maintenance, leak repalr, or new planting of
low water usage plants or lf reclaimed water
is utilized as permitted by law.
(c) Anti-Waste Measures. No person
shall:
(1) 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
siml.lar 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) ~.lash 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
or landscape area and water shall not be
permltted to run off lawns or landscape
areas onto any gutters, streets, or alleys.
( 4 ) Initially, fill any
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) Ini tially, fill any hot
tub, spa or permanent swimming or wading
pool with water unless:
(a) prior to the
lssuance of a bUllding 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,
permanent sWlmming or wading pool is
constructed, installed or equipped with a
cover to reduce water loss due to
evaporation.
(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 drlnking
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
thlS 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 r the
water consumption limits ~mposed by section
7242 of Ordinance Numbers 1571 (CCS) and
1616 (CCS) shall no longer be enforced and
shall be suspended.
(~) The city Council by Resolution
is authorized to requ~re or relmpose
reductions ln the use of water if such
reductions are necessary in order for the
City to comply W1.th water use restrictions
imposed by federal, state or regional water
agencies or to respond to emergency water
shortage cond1.tions.
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). Nothlnq 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 bUllding permlt for any development
project unless:
(a) The development will not affect
or alter any plumblng flxture; 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)
mUlti-family
substantial
The development involves a
residence and is not a
remodel as defined in Santa
Monica Municipal Code
wi 11 not increase the
Section 9000.3 and
number of dwelling
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
- 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 thlS Sectlon.
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 1n
accordance w1th the provisions of this
Chapter by requesting a hearing within the
time and manner set forth in Municipal Code
section 6072, prov1ded that no hearing
request shall be deemed timely filed and no
hearing shall be held unless, wi thin 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 1S 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 ]udic1al 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
follow1ng the date 1n wh1ch the decision
becomes final in accordance with the
provisions of Sect10n 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 clV1l 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.
(c) Any surcharge or other penalty
provided for hereunder may be added to
subsequent water billings until paid and
- 9 -
when collected by the Water Division shall
be deposlted 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 const~tute a separate offense.
(b) In additlon to any other
surcharge or penalty as may be provided for
in this Chapter, any customer who fails to
comply wlth any provis~on 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 Sect~on
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
7246.
Penalties
and
- 10 -
not demand to be taken before a magistrate,
the Conservation Coordinator or Water
Conservation Inspector shall prepare a
written notlce 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 IDlsdemeanor punlshable by
a flne not to exceed Five Hundred Dollars
($500.00) or by lmprlsonment 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 effectlveness 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
clvil action.
(f)
established
cumulative.
The
by
penalties and
the Chapter
remedies
shall be
- 11 -
compliance.
Services or
The
his
7247. Relief from
Director of General
or her designated
in wr i ting , grant
SECTION
representatives
may,
varlances 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 varlance
is necessary to prevent an emergency
condition relating to health and safety, and
if the person seeking a varlance has
demonstrated that he or she has implemented
water conservation measures in some other
manner that achleves the objectives of this
Chapter. No varlance 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 performlng necessary leak
repairs and unless the other provisions of
this section are met.
(~) 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 Sectlon 6072. If the variance
application is denied in whole or in part
the customer shall be assessed the
applicable surcharge.
(~) No varlance shall be granted to
any customer unless the customer has
demonstrated that he or she has already
achleved the maxi~um practical reduction in
water consumption as can be achleved by the
affected property or buslness. Any variance
granted shall be based upon the water
consumption rates of slm~lar water users,
properties or businesses.
(~) Any person denied a varlance ln
whole or ~n part may appeal the denial to a
three person var~ance 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 c~ty 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 establlsh procedures for the
processing and conslderation of appeals.
SECTION 7248. city of Santa Monica
Voluntary Water Conservation Plan. In
addi tlon to the water conservation
requirements established by this Chapter,
the city Manager or his or her designate lS
authorlzed to develop and promulgate a
voluntary water conservation plan which
shall be dlrected to achieve at least a ten
percent (10%) reductlon in water consumption
from 1990 levels within the City of Santa
Monica.
SECTION 7249 . Fees. The Ci ty
Councll may, by resolution, establish fees
for the filing, processing, or approval of
any application, permit or variance provlded
for under this Chapter.
SECTION 2. Any provlsion 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
jurlsdiction, 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
wlthin 15 days after its adoptlon. This Ordinance shall become
effective after 30 days from lts 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 addltion to the findlngs 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 signlficant 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
California's water resources.
At this time, it cannot be
determ1ned whether the severe drought cond1tions of the last five
years have completely ended.
However, the increase 1n rainfall
during the 1991-92 rain season enables the city to alter and ease
some of the prev10usly enacted water conservation requirements.
Pursuant to city Charter section 619 (d), this Ordinance shall
take effect and be 1n full force and effect immediately after the
passage and adoption thereof.
APPROVED AS TO FORM:
~'- '"O~-
ROBERT M. M~ERS
city Attorney
-
- 16 -
Adopted and approved this 14th day of April, 1992.
I hereby certify that the foregoing ordinance No. 1619(CCS)
was duly and regularly introduced at a meeting of the city
Council on the 14th day of April 1992; that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the 14th day of April 1992 by the fallowing council vote:
Ayes: Councilmembers: Abdo , Genser, Holbrook, Katz,
Olsen, Vazquez, Zane
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
A~,?L2~
_______ - city Clerk (