R10804City Council Meeting: March 25, 2014 Santa Monica, California
RESOLUTION NUMBER 10804 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA CLARIFYING AND STATING PERMISSIBLE
USES OF THE WATER DEMAND MITIGATION FEE
WHEREAS, on February 26, 1991, the City Council of the City of Santa Monica
adopted Ordinance No. 1571, subsequently codified as Santa Monica Municipal Code
section 7.16.050, authorizing the City Council to impose a fee on new development
projects, substantial remodels, and plumbing alteration projects in order to mitigate the
impact of projected new water demand from such development; and
WHEREAS, on March 19, 1991, the City Council of the City of Santa Monica
adopted Resolution Number 8196 (CCS), establishing the Water Demand Mitigation
Fee ( "fee" or "mitigation fee ") and providing that the mitigation fee collected from new
development projects, substantial remodels, and plumbing alteration projects be used to
retrofit water inefficient plumbing fixtures in the City in order to contribute to a net
reduction in water consumption; and
WHEREAS, a Water Shortage Advisory was declared by the City Council on May
12, 2009 and extended on September 13, 2011; and
WHEREAS, on January 17, 2014, the Governor of California proclaimed a
Drought State of Emergency, finding under the provisions of section 8558(b) of the
California Government Code, that conditions of extreme peril to the safety of persons
and property exist in California due to water shortage and drought conditions; and
WHEREAS, in adopting the Water Demand Mitigation Fee, the City Council
provided that if the magnitude of the revenue proceeds from the fee were adequate, the
list of priority retrofit targets could be expanded to additional water- efficient fixtures,
technologies and systems and processes; and
WHEREAS, since the adoption of the fee, advances in plumbing fixture,
landscaping, rainwater and storm water capture technologies, have resulted in a wide
array of new water efficient products and infrastructure improvements for collecting,
treating and distributing water; and
WHEREAS, the impact of new development, substantial remodels, and plumbing
alteration projects on the City's water supply and water consumption could be more
effectively mitigated if Water Demand Mitigation Fee revenues are applied to fund an
expanded list of water - efficient public improvements;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. In addition to retrofitting water inefficient plumbing fixtures, revenue
from the Water Demand Mitigation Fee may be used to fund new public water - efficient
plumbing, pipeline, landscaping, rainwater and storm water capture equipment and
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processes, including but not limited to equipment in public improvements that minimize
water needs for the distribution system.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
MAR HA JOf ES M +UTRIE
City tor ey
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Adopted and approved this 25th day of March, 2014.
am O'Connor, Mayor
I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Resolution No. 10804 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 25th day of March, 2014, by the following vote:
AYES: Councilmembers: Davis, Holbrook, McKeown, Vazquez, Winterer
Mayor Pro Tern O'Day, Mayor O'Connor
NOES: Councilmember: None
ABSENT: Councilmember: None
ATTEST:
Sarah P. Gorman, City Clerk