SR-8-C (92)
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CA:RMM:jld271b/hpc/pc
City Council Meeting 3-9-91
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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 has been amended as follows:
1. section 7241(c) (5) has been amended to provide for the
first filling of pools and spas and the refilling of pools and
spas which have been emptied for leak repair.
2. Section 7242(a) has been amended to provide for greater
water use by customers (80% instead of 75% of 1990 billing
period) and Sections 7242(b) (1), (2), and (3) have been amended
to increase the limit on the number of billing units that a
residence or non-residential consumer may use and still be exempt
from the 80% requirement.
PREPARED BY: Robert M. Myers, City Attorney
Joseph Lawrence, Assistant City Attorney
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GS:SS:CP:cp:emerg
council Meeting: April 9, 1991
Santa Monica, California
To: Mayor and City Council
From: City staff
Subj ect: Recommendation to Adopt Emergency Ordinance For
Introduction and Adoption Amending Emergency Water
Conservation Ordinance for the City of Santa Monica
INTRODUCTION
This report discusses the current status of California's five-year
drought and recommends that the City's 25 percent mandatory
rationing plan be amended to 20 percent based on a more favorable
water supply situation.
DISCUSSION
On February 26, 1991, the City Council approved a mandatory water
conservation plan which requires a 25 percent cutback over 1990
usage for all water customers in the city. The emergency ordinance
also places various restrictions on exterior water use and
establishes water demand mitigation requirements for all new
construction. The city's mandatory provisions went into effect on
April 1st. During the month of March, Santa Monica residents and
businesses responded in an extraordinary fashion to calls for
voluntary water conservation by achieving a 26.1 percent reduction
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in the city's water demand when compared to March, 1990.
since the city council took action in late February, california has
experienced the sixth wettest March on record. These March rains
have raised the levels in the state I s reservoirs to about 60
percent of normal and the depth of the snowpack in the Sierras to
about 75% of normal. The welcome rain and snow has greatly eased
what was a very grim water supply situation, but the five-year
drought is far from over . Conditions in the mountain watershed
areas are so dry, for instance, that a significant portion of the
snowmelt will merely soak into the soil this year. The magnitude
of the water crisis has lessened sufficiently, though, that State
Water Project deliveries to the Metropolitan Water District have
been increased from the previous 10 percent level to 33 percent of
normal. In light of this water supply improvement, the mqD Board
has voted to increase water allocations to its member agencies.
The City of Santa Monica receives approximately 60 percent of its
water from the MWD.
What these actions mean for Santa Monica is that the City's MWD
cutback target has changed to a 20 percent reduction from the base
year as compared to the previous 30 percent (MWD uses July 1, 1989
to June 30, 1990 as their base year). since the city of Santa
Monica's emergency conservation program sets 1990 as the base year
to be consistent with the Metropolitan Water District's program,
the City's cutback target should be no more than that adopted by
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the MWD.
This report recommends that the mandatory conservation target for
all City water customers be changed from 25 percent to 20 percent,
retroactive to April 1, 1991. The conservation threshold levels
which were established to avoid penalizing those water customers
who were doing a good job conserving during the base year should
be increased to 18 billing units from the current 16 for single
family, and to 11 billing units from the current 9 for multi-family
and non-residential customers. with this change, the conservation
threshold would amount to 221 gallons per day for single family
households and 135 gallons per day for mUlti-family households and
non-residential customers. The revised threshold levels should
ensure that households and small businesses who have already
implemented effective water conservation measures will be treated
equitably.
One additional change to the emergency water conservation ordinance
which is proposed at this time relates to the filling of swimming
pools and spas. The emergency ordinance which was passed on
February 26, 1991 placed a moratorium on the issuance of building
permits for pools and spas as of April 1, 1991. A separate
provision in the emergency ordinance, however, immediately
prohibited the filling of pools and spas for any reason. A total
of 26 building permits were issued between February 26 and April
1 for pools and spas. Under the present emergency ordinance, once
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these pools and spas are constructed they can not be filled. staff
has determined that it is not in the best interests of public
health and safety to keep these newly constructed pools and spas
empty, thus presenting a potential hazard to members of these
households. In order to correct this potential problem, it is
proposed that any pool or spa which has received a building permit
be allowed to be filled. In addition, it is proposed that any pool
or spa which has been verified by the General Services Department
to have a significant leak be allowed to be emptied, repaired and
re-filled. This change will ensure that major leaks in pools and
spas, which can result in a tremendous water loss, are corrected
in a pro-active manner.
Once council has reviewed and adopted these changes to the
emergency water conservation ordinance, staff will proceed with the
dissemination of a new information brochure to all city residents
and businesses outlining the new requirements. Each water customer
will also be mailed a revised analysis of their past water
consumption which lists their conservation targets under the
amended program. These items will be mailed by the end of April.
BUDGET/FISCAL IMPACT
If the proposed changes to the emergency ordinance are approved,
it is anticipated that water consumption will not decline as much
as was previously expected. Water and Wastewater Fund revenues will
therefore not be reduced as significantly as had been projected in
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the staff report of February 26. Expenditures for the purchase of
imported water supplies will also be higher than had been
projected. Given the dynamic nature of the conservation-induced
impacts on the Water and Wastewater Funds, no specific revenue or
expenditure budget changes are requested at this time. Staff is in
the process of comprehensively evaluating the projected fiscal
impacts for the next fiscal year, and will be presenting this
analysis to council as a part of the FY 1991-92 Proposed Budget.
RECOMMENDATIONS.
It is recommended that the City Council:
1) Amend the emergency water conservation ordinance to reduce the
cutback requirement to 20 percent from the current 25 percent
and establish new conservation threshold amounts of 18 billing
units per single family households and 11 billing units per
multi-family household and non-residential customers: and
2) Amend the restrictions on new pools and spas to allow the
first-filling of newly constructed pools and spas and allow
the re-filling of pools and spas after the repair of major
leaks as verified by the General Services Department.
Prepared by:
Stanley Scholl, Director of General Services
Craig Perkins, Environmental Services Manager
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CA:RMM:jld271a/hpc/pc
City council Meeting 4-9-91
Santa Monica, California
ORDINANCE NUMBER 1580 (ces)
(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 conversation
program within the City of Santa Monica is
essential to preserve water resources and to
reduce the risk and severity of water
shortages when drought occurs.
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(c) An emergency has been caused by
the drought condi tions wi thin the state of
California and within the city of Santa
Monica, and there is a threatened water
shortage wi thin the City of Santa Monica.
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 conversation
plan is necessary to minimize the effect of
the shortage of water within the City of
Santa Monica and that such a plan will
significantly reduce the consumption of
water, thereby extending the available water
required by the City of Santa Monica 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 within the City of Santa Monica:
(a) Watering Days. No lawn or
landscape area shall be watered more
frequently than twice during any seven (7)
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.. day period unless reclaimed water is
utilized as permitted by law.
(b) Watering 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
Oirector of General Services approves in
writing 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:
(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
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.
(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
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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
permitted to run off lawns or landscape
areas onto any gutters, streets, or alleys.
(4) Clean, fill, or maintain
water levels in decorative fountains, ponds,
lakes, or displays unless reclaimed water is
used as permitted by law.
(5) Fill any hot tub, spa or
permanent swimming or wading pool with
water, except for the first filling of a hot
tub, spa, or permanent swimming or wading
pool constructed pursuant to a building
permit, or to refill a hot tub, spa, or
permanent swimming or wading pool after it
has been emptied to perform necessary leak
repairs.
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(6) Cause, permit or allow
water to leak from any exterior or interior
pipe, hose, or plumbing fixture of any kind
whatsoever.
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(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.
(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, 1991, no
customer of water supplied by the City of
Santa Monica shall use water or permit water
to be used in an amount greater than eighty
percent (80%) of the amount used by the
customer during the same billing period in
1990.
(b) The water consumption limits
established in subsection (a) shall. not be
applicable to:
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(1) any single family residence
where water consumption usage is at or below
eighteen (18) billing units;
(2) any multi-family residence
where water consumption usage is at or below
eleven (11) billing units per dwelling unit;
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or
(3) any non-residential
consumer of water whose water consumption
usage is at or below eleven (11) billing
units.
(c) If no 1990 water consumption
data is
customer's
available for a City water
service address, the customer
shall be provided a water consumption limit
by the Director of General Services or his
or her designee, who shall use 1990 water
consumption rates of similar users,
properties or businesses to calculate the
customer's current consumption limits.
Cd) The city Council ~y Resolution
is authorized to require further reductions
in the use of water than provided for in
this section, if such reductions are
necessary in order for the city to comply
with water use restrictions imposed by
federal, state or regional water agencies.
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SECTION 7243. Excess Water
Consumption surcharge and Flow Restriction.
Every customer of city supplied water who
uses water or permits water to be used in
excess of the amounts established in Section
7242 shall be charged a surcharge for any
excess water used as follows:
(a) For the first occurrence of
excess water used, four dollars ($4.00) per
billing unit of excess water used.
(b) For the second occurrence of
excess water used, eight dollars ($8.00) per
billing unit of excess water used.
(c) For the third occurrence,
sixteen dollars ($16.00) per billing unit of
excess water used.
(d) For the fourth or more
occurrence, thirty two Dollars ($32.00) per
billing unit of excess water used.
Furthermore, if a customer has more than
three billing periods of excess water
consumption usage, the Director of General
Services may restrict the flow of water to
the customer in addition to charging the
customer for excess water usage as provided
for in this subsection. In addition, the
Director of General Services may require the
customer to install appropriate low water
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using devices, appliances or plumbing
fixtures as may be required to bring water
consumption within the limits established by
Section 7242. If the customer continues to
fail to comply with the provisions of
Section 7242, the Director of General
Services may commence water disconnection
procedures.
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SECTION 7244. Pools and Spas.
Effective April 1, 1991, no person shall be
issued a building permit for the
construction or remodeling of any pool, spa,
hot tub, decorative pond or fountain unless
reclaimed water is utilized as permitted by
law or unless the spa or hot tub has a
maximum capacity of less than 500 gallons
and is equipped with a cover.
SECTION 7245. Water Consumption
Limi ts and Fees for New Development.
Effective April 1, 1991, 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
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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) The development involves a
mUlti-family residence and is not a
substantial remodel as defined in Santa
Monica Municipal Code section 9000.3 and
will not increase the 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 twice the estimated
daily 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 7246. Appeals.
(a) Any customer assessed a
surcharge or other penalty pursuant to this
Chapter may claim that the surcharge was not
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properly assessed in accordance with the
provisions of this Chapter by requesting a
hearing within 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 amount, due under
this Chapter. If as a result of the hearing
it is determined that the surcharge 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.
(b) It shall not be a defense to
the assessment of any surcharge 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.
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(c) Any surcharge provided for
hereunder shall be added to subsequent water
billings until paid and 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
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
7247.
Penalties
and
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is a violation of this Chapter. In any case
in which a person is arrested pursuant to
this section, and the person arrested does
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.
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~ (f) The penalties and remedies
established by the Chapter shall be
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cumulative.
SECTION
7248.
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.
(b) Usages of water in excess of
the limits established by section 7242 if it
is determined that the excess demand for
water is caused by facts such as, but not
limited to, illness, a change in use of the
affected property, an increase in the size
of a household, previous implementation of
all feasible water conservation measures,
changes in vacancy, increase in employment,
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plant size or production output or that
there exists no feasible means available to
comply with the limits established by
section 7242.
(c) Any customer who has been
assessed a surcharge pursuant to Section
7243 may request a variance pursuant to
subsection (b) 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
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.
(d) 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.
(e) Any person denied a variance in
whole or in part may appeal the denial to a
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three person var iance 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 -_ r
nullify any surcharge. The decision of the
variance review board shall be final except
for judicial review and shall not be
appealable to the City council. The
variance appeal board shall establish
procedures for the processing and
consideration of appeals.
SECTION 7249. City o~ Santa Monica
Voluntary Water conservation Plan. In
addi tion to the water conservation
requirements of Sections 7241 and 7242, 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 a greater
reduction in water consumption within the
City of Santa Monica.
ordinance.
This
7250.
Chapter
Duration
shall remain
of
in
SECTION
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effect unti 1 the Ci ty Council declares by
resolution that the emergency caused by the
drought conditions have ended. The
provisions of this chapter can be reimposed
upon a finding by resolution of the city
council that emergency drought conditions
have reoccurred.
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SECTION 7251. 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.
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
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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 for the reasons set forth in section 1.
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:
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ROBERT M. MYERS
City Attorney
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Adopted and approved this 9th day of April, 1991.
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I hereby certify that the foregoing Ordinance No. 1580(CCS)
was duly and regularly introduced at a meeting of the City
council on the 9th day of April 1991; that the said ordinance was
thereafter duly adopted at a meeting of the City council on the
9th day of April 1991 by the following council vote:
Ayes: Councilmembers: Genser, Holbrook, Katz, Olsen,
Vazquez, zane, and Mayor Abdo
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
A~
\oY - Ci ty C1er~
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