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