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R-10424Attachment B City Council Meeting September 8, 2009 Santa Monica, California RESOLUTION 10424 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE WATER SHORTAGE RESPONSE PLAN WHEREAS, the City of Santa Monica is granted the authority by State Water Code sections 350 et seq. and by Santa Monica Municipal Code Section 7,16.030(c) to declare a water supply shortage and to adopt by resolution regulations and restrictions on the delivery and consumption of water; and WHEREAS, on June 10, 2009, City Council of the City of Santa Monica adopted the Water Shortage Response Plan and declared. a Water Shortage Advisory to be implemented effective July 1, 2009 requesting that all water users voluntarily reduce water use by ten percent, and WHEREAS, the current Water Shortage Response Plans restricts all new pools and. spas from being filled or existing pools and spas to be re-filled. with City potable water supply when any stage of water shortage is implemented, and WHEREAS, Santa Monica Municipal Code Section 7.16.020(c2), requires all new pools and spas to be equipped with covers to reduce water evaporation, a permit before filling, and a fee to be paid equal to the first year of water consumption, and WHEREAS,. the pool permitting requirement has limited pool water use to only one percent, thus making an outright ban unnecessary, and 1 Attachment B WHEREAS, Stages One through Four of the Water Shortage Response Plan require mandatory water conservation through water allowances, also known as water budgets. These budgets allow the water customer to use water efficiently and in ways that make sense for individual needs. If a customer exceeds his/her budget, the customer will pay a penalty for the excess water used. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOW: SECTION 1: Amendment of the Water Shortaoe Response Plan. Pursuant to Water Code Section 375 et seq. and Santa Monica Municipal Code Section 7.16.030(c), the Ci#y Council amends the Water Shortage Response Plan ("WSRP") To remove the following language from Section 7: "The following water use restrictions shall apply as a result of implementing any stage of the WSRP: Swimming Pools and Spas. No person shall empty and refill aprivately-owned swimming pool or spa with water from the City's potable water supply, except to prevent or repair structural damage or to comply with public health regulations. No person shall fill with water from the City's potable water supply a new swimming pool or spa." SECTION 2. If any section, subsection, sentence, clause, or phrase of this Resolution or of the WSRP is for any reason held to be invalid, such determination shall not affect the validity of the remaining portions of this Resolution or of the WSRP. The City Council hereby declares that it would have passed this Resolution and the WSRP and each and every section, subsection, sentence, clause, or phrase not declared 2. Attachment B invalid without regard to whether any portion of the resolution would be subsequently declared invalid or unconstitutional. SECTION 3. The City Clerk shall-attest to the passage of this Resolution and thenceforth and thereafter the same shall be in full force and effect. In accordance with Water Code Section 376, the City Clerk shall cause the same to be published once in the official newspaper within 10 days after its adoption. This Resolution shall become effective upon adoption pursuant to Water Code Section 375 et seq. APPROVED AS TO FORM: /~ w., MARS A JO ES MOU IE ~ City Attorney 3 Adopted and approved this 8th day of September, 2009. 9 Ken Genser, ayor I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10424 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 8th day of September, 2009,_by the following vote: Ayes: Council members: Bloom, Davis; Holbrook, McKeown Mayor Genser, Mayor_Pro Tem O'Connor Noes: Council members: None Abstain: Council members: None Absent: Council members: Shriver -- ATTEST: ~ ~ ~- , Maria Stewart, Cit Clerk