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R10856City Council Meeting January 13, 2015 Santa Monica, California RESOLUTION NUMBER 10856 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING A WATER SHORTAGE RESPONSE PLAN AND REAFFIRMING AND RE- DECLARING A STAGE 2 WATER SUPPLY SHORTAGE WHEREAS, the State of California requires all urban water suppliers providing municipal water either directly or indirectly to more than 3,000 customers, or supplying more than 3,000 acre feet of water annually, to develop an Urban Water Shortage Contingency Plan ( "WSRP "); and WHEREAS, the City of Santa Monica is an urban water supplier providing water directly to more than 17,000 customers; and WHEREAS, conservation of water is critically important if the City of Santa Monica is to sustain itself; and WHEREAS, effective and equitable management of limited water supplies during a water supply shortage minimizes the impact on the people and economy of the City, in addition to the region and State; and WHEREAS, the City of Santa Monica is granted the authority by State Water Code sections 350 et seq. and by Santa Monica Municipal Code Chapter 7.16 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 9, 2009 Council adopted the WSRP and declared a Water Shortage Advisory calling for a voluntary 10 percent reduction in water use in response to the drought; and WHEREAS, on January 17, 2014, the Governor declared a Drought Emergency and asked all Californians to voluntarily reduce water use by 20% in support of the Governor's efforts; and WHEREAS, on January 29, 2014, the City increased its voluntary conservation target from 10% to 20 %.; and WHEREAS, on March 1, 2014, the Governor signed Senate Bill 104, a state drought relief legislation which implements numerous drought relief measures; and WHEREAS, on July 15, 2014, the SWRCB adopted an emergency regulation which requires urban retail water agencies, such as the City of Santa Monica, to implement all requirements and actions of their water shortage contingency plans to preserve and conserve potable water; and WHEREAS, due to the current record drought, it is estimated that Metropolitan Water District of Southern California's non - emergency water supplies may be exhausted in the very near future; and 2 WHEREAS, on August 12, 2014 Council adopted a resolution declaring a Stage 2 Water Supply Shortage which changed the drought response from a voluntary 20% reduction in water use to a mandatory 20% reduction and directed staff to return with a detailed Stage 2 Water Supply Shortage implementation plan; and WHEREAS, prompt implementation of a Stage 2 Water Supply Shortage remains essential to combat the ongoing water shortage; and WHEREAS, City staff has actively solicited public participation and input in the formulation of these proposed regulations as required by Water Code Section 10642; and WHEREAS, public notice of the public hearing regarding these proposed regulations and the Stage 2 Water Supply Shortage Declaration has been duly provided as required by Water Code Section 10642; and WHEREAS, the City Council finds that it is necessary to adopt these additional regulations to preserve and conserve the City's potable water resources. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOW: SECTION 1: Adoption of Water Shortage Response Plan. Pursuant to Water Code section 375 et seq. and Santa Monica Municipal Code Chapter 7.16, the City Council adopts a Water Shortage Response Plan, attached as Attachment A to this Resolution. 3 SECTION 2: Declaration of Water Supply Shortage. As a result of severe and persistent drought conditions occurring throughout the State of California, effective immediately and in accordance with Water Code section 375 et seq., Santa Monica Municipal Code Chapter 7.16, and the City of Santa Monica Water Shortage Response Plan, the City Council reaffirms and re- declares a Stage 2 Water Supply Shortage as set forth in the City of Santa Monica Water Shortage Response Plan. All applicable provisions of the WSRP shall apply while the Water Supply Shortage shall be in effect. This declaration shall remain in effect until it is amended or rescinded by the City Council through resolution. SECTION 3. 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 invalid without regard to whether any portion of the resolution would be subsequently declared invalid or unconstitutional. LI SECTION 4. 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. APPROVED AS TO FORM: HA JONES MOUTRIE City 5 City of Santa Monica Department of Public Works Water Resources Division 1212 5" St., Third Floor Santa Monica, CA 90401 (310) 458 -8975 www.smgov.net/water City of Santa Monica Water Shoiiage Response Plan January 13, 2015 Table of Contents Section 1: Introduction ................................................... ............................... page 3 Section 2: Objectives and Priorities of Water Use .............. ............................... page 3 Section 3: Triggers for Implementation ............................. ............................... page 3 Section 4: Stages of Water Shortage Supply ..................... ............................... page 4 Table 1: Water Shortage Reduction Targets .................. ............................... page 4 Section 5: Water Use Restrictions for All Stages ............... ............................... page 4 Section 6: City of Santa Monica Staff Responsibilities ........ ............................... page 4 Section 7: Water Allowances for Stages 1, 2, 3, 4 .............. ............................... page 5 Table 2: Water Use Allowances ................................... ............................... page 5 Section8: Penalty ........................................................... ............................... page 6 Section 9: Water Use Allowance Adjustment ..................... ............................... page 6 Section 10: Definitions .................................................... ............................... page 8 Exhibit 1 — Residential Water Conservation Threshold Calculations ............... page 10 Page 2 of 11 City of Santa Monica Water Shortago Response Plan January 13, 2015 Section 1: introduction The City of Santa Monica City Council adopts this Water Shortage Response Plan (WSRP) pursuant to Santa Monica Municipal Code ( "SMMC ") section 7.16.030. The WSRP is intended both as an action plan and as the implementing regulations for water conservation as authorized by Section 7.16.030. It is designed to reduce water demand during water shortages. The WSRP is based in part on the State of California Department of Water Resources 2007 Urban Drought Guidebook. The Urban Water Management Planning Act (Section 10632 of the California Water Code) requires water shortage contingency planning as a component of the Urban Water Management Plan, which is updated every five years. The WSRP establishes five stages of water shortage severity based on predicted or actual water supply reductions. Each stage establishes water use reductions through voluntary or mandatory measures. Triggers for implementing the WSRP may include such events as a state or local emergency; natural disaster; a localized event that critically impacts the water supply; drought or the City's wholesale water agency imposing water allocation restrictions. Section 2: Objectives and Priorities of Water Use A. The objectives of the WSRP are to: (1) Prioritize essential uses of available water; (2) Avoid irretrievable loss of natural resources; (3) Manage current water supplies to meet ongoing and future needs; (4) Maximize local municipal water supplies; (5) Eliminate water waste city -wide; (6) Create equitable demand reduction targets; and (7) Minimize adverse financial effects. B. The following priorities for use of available water are listed in order from highest to lowest priority: (1) Health and Safety including: consumption and sanitation for all water users; fire suppression; hospitals, emergency care, nursing and other convalescent homes and other similar health care facilities; shelters and water treatment; (2) Institutions, including government facilities and schools such as public safety facilities, essential government operations, public pools and recreation areas; (3) All non - essential commercial, institutional, and residential water uses; (4) New water demand. Section 3: Triggers for Implementation The City Council may declare by resolution that an Advisory or Stage 1, 2, 3 or 4 Water Supply Shortage exists and that the actions outlined in this WSRP are necessary. Upon Council adoption by resolution, any Advisory or Stage may be rescinded. The type of event which may prompt the City Council to declare an Advisory or Stage1, 2, 3, 4 Water Supply Shortage may include, among other factors: Page 3 of 11 City of Santa Monica water Shortage Response Plan Januaiy 13, 2015 • Drought; • State or local emergency; • A natural disaster that critically impacts the water treatment or water distribution system; • A localized event that critically impacts the water supply, water quality, water treatment or water distribution system; • The City's wholesale water agency requests extraordinary water conservation efforts in order to avoid mandatory water allocations; • The City's wholesale water agency implements a water allocation. Section 4: Stages of Water Shortage Supply The WSRP establishes five stages of severity based on predicted or actual water supply reductions. Each stage establishes water use reductions either through voluntary or mandatory measures. Mandatory water restrictions include water use allowance for each water customer category. Table 1 below outlines the stages and water use reduction goals. Table 1: Water Shortage Reduction Targets Water Shortage Stage Water Use Restrictions City -wide Use Reduction Goal Advisory Voluntary 10% Stage 1 Mandator 15% Stage 2 Mandator 20% Stage 3 Mandator 30% Stage 4 Mandator 50% Section 5• Water Use Restrictions for All Stages The water conservation requirements in SMMC Section 7.16d are permanently enforced. Section 6• City of Santa Monica Staff Responsibilities (A) City staff will be informed of the water supply shortage. Each staff member will be expected to use water efficiently. (B) The City's landscaped areas will be efficiently irrigated based on the Irrigation Association's Best Management Practices. (C) Each staff member will be expected to notify the appropriate City department immediately of any leaks seen on City property or private property. Section 7• Water Allowances for Stages 1, 2, 3, 4 A Water Use Allowance (WUA) is established for each water customer. The WUA shall not apply to: Page 4 of 11 City of Santa Monica water Shortage Response Plan January 13, 2015 (A) Any water customer of the City of Santa Monica during an Advisory water supply shortage stage; (B) Any water customer account designated for municipal non - potable water. Summary of Allowances A WUA is the maximum allowable amount of water that could be used by a water customer and it is calculated as a percent reduction in the amount of water available for each water customer in the City of Santa Monica for the duration of a declared water shortage. The WUA is calculated as a percentage of the baseline year's water usage. The baseline is calendar year 2013. Each water customer will receive a WUA for each billing period. A billing period is approximately 60 -days. Public agency individual landscape only accounts will be combined and receive one WUA. Water Use Allowances for new water accounts, new water customers, properties vacant in 2013, and water accounts with zero usage in 2013 will be based on the average usage of water customers in the same water customer class (single - family, multi - family, mixed -use, commercial, industrial, landscape, etc.) with the same meter size. For example a single - family water customer whose home was vacant due to a remodel in 2013 and as a result of the remodel their meter size increased from % inch to two inch because the house size increased significantly, shall get a WUA that is the average of other single - family homes with a two inch meter. Water Use Allowances Table 2: Water Use Allowance for all Water Customers Residential Water Conservation Thresholds — see Exhibit 1 for calculations Water Shortage Supply Stage 1 & 2 Penalties will not be imposed for single family customers using less than 22 HCF per bi- monthly billing period and each multi - family unit per building using less than 11 HCF per bi- monthly billing period. Water Shortage Supply Stage 3 & 4 Penalties will not be imposed for single family customers using less than 16 HCF per bi- monthly billing period and each multi - family unit per building using less than 8 HCF per bi- monthly billing period. Page 5 of 11 Stage 1 Stage 2 Stage 3 Stage 4 0% Water Available per 85% 80% 70% or 50% Customer Residential Water Conservation Thresholds — see Exhibit 1 for calculations Water Shortage Supply Stage 1 & 2 Penalties will not be imposed for single family customers using less than 22 HCF per bi- monthly billing period and each multi - family unit per building using less than 11 HCF per bi- monthly billing period. Water Shortage Supply Stage 3 & 4 Penalties will not be imposed for single family customers using less than 16 HCF per bi- monthly billing period and each multi - family unit per building using less than 8 HCF per bi- monthly billing period. Page 5 of 11 City of Santa Monica water Shortage Response Plan January 13, 2015 Section 8: Penalties When a Responsible Party exceeds the applicable WUA during a billing period, a Penalty may be imposed. The notice of the penalty may be issued to the responsible party in the same mailing as the utility bill and will be calculated as set forth below. $10 per HCF used in excess of the Water Use Allowance up to the total bi- monthly water charges or $1,000, whichever is less. Any Responsible party that exceed the WUA three times may be required to have a water audit performed by a licensed engineering firm having water audit experience and all related expenses paid by the Responsible Party. The audit must be performed and a full report submitted to the City of Santa Monica within 30 -days of notice. The audit report must include how the audit was administered, list all interior and exterior uses of domestic and non - domestic water uses, results of the audit, recommendations, and return on investment calculations. The City may require the implementation of the audit recommendations as a precondition to granting any request for a WUA Adjustment. Any Responsible Party that exceed the WUA seven or more times may have a flow restrictor installed in the meter which restricts the flow of water going into the building, be charged with a Civil Penalty, and /or be charged with a criminal penalty. Section 9: Water Use Allowance Adjustment Application for Water Use Allowance Adjustment • Comply with requirements listed under Required Finding for an Adjustment. • Fill out a Water Use Allowance Adjustment Application available at www.smgov.net/water and 1717 4th St., Suite 150, Santa Monica, CA 90401. • Submit completed application and required supporting documentation (such as photographs, itemized receipts, maps, drawings, engineering reports, water audit reports, utility bill showing participation in any low income assistance program, or other pertinent information) by mail or in- person at 1717 4" St., Suite 150, Santa Monica, CA 90401. Approval Authority The Adjustment Administrator will exercise approval authority and act upon any completed Water Use Allowance Adjustment Application after submittal and may approve, conditionally approve, or deny the adjustment request. The applicant requesting the adjustment will be notified in writing of any action taken. The decision of the Adjustment Administrator shall be issued within sixty days after the conclusion of the hearing or the submission of all written materials if no hearing is conducted. The applicant may appeal any such decision pursuant to Chapter 6.16 of this Code. Unless specified otherwise at the time the adjustment is approved, the adjustment applies to the subject property during the term of the applicable stage of the WSRP. Page 6 of 11 City of Santa Monica Water Shortage Response Plan January 13, 2015 Factors to be considered by the Approval Authority in Reviewing a Water Use Allowance Adjustment Application: • Whether denial of the application would create an undue hardship which could create an emergency condition relating to health or safety; or • Whether an undue financial hardship to a water customer would result; or • A new water account is requested by a new user; or • The property was vacant (or otherwise devoid of water use) during 2013 but is now being inhabited; or • There has been an increase in household size or change in tenancy Required Findings for an Adjustment An application for an adjustment will be denied unless the approving authority finds, based on the information provided in the application, supporting documentation, and /or such additional information as may be requested, and on water use information for the property as shown by the records of the City of Santa Monica, all the following: 1. The subject property has implemented all practical water saving measures at minimum, unless unique circumstances that makes meeting these requirements impossible: a. High- efficiency toilets (uses1.28 gallons per flush or less) b. High- efficiency urinals (uses 0.5 gallons or less per flush or is waterless) c. High- efficiency showerheads (uses 2.0 gallons per minute or less) d. High- efficiency faucets (uses 1.5 gallons per minute or less for residential or guest rooms; uses 0.5 gallons per minute or less for commercial) e. No leaks anywhere on the property f. No irrigation runoff and overspray 2. That the adjustment does not constitute a grant of special privilege inconsistent with the limitations placed upon other City of Santa Monica water customers. 3. That because of special circumstances applicable to the property or its use, the requirements of the Water Shortage Response Plan would have a disproportionate impact on the property or use that exceeds the impacts to customers generally. 4. That the adjustment will not materially affect the ability of the City of Santa Monica to effectuate the purpose of the Water Shortage Response Plan and will not be detrimental to the public interest. Page 7 of 11 City of Santa Monica Wafer Sliottage Response Plan January 13, 2015 Section 10: Definitions Billing Period. The billing period is approximately 60 days between water meter readings; Commercial Water Customer. Any water customer whose property is not designated as single family, multi - family or landscape only. This may include mixed -use properties, schools, businesses; HCF. The billing measurement for water in hundred cubic feet. One HCF is equal to 748 gallons; Irrigation. Any system for distribution of pressurized water in the landscape, including but not limited to any system in which any portion is installed below grade or affixed to any structure; Landscape. Modification of the ground surface with live planting materials such as trees, shrubs, turf, groundcover or other horticultural materials; as well as non - living materials such as mulch, synthetic turf, hardscape, or stone; Landscape Only Account. Any water meter installed to measure the flow of water for irrigation and landscape purposes only; Master Meter Account. A meter that serves multiple tenants in a building and may include but is not limited to water used for common areas such as toilets, urinals, laundry, irrigation equipment and pools; Multi - Family. A residential property with two or more units on the premises. This may include master metered or individually metered units; Multi - Family Individual Meter Account. A meter that serves only one unit and does not include outdoor or landscape water use; New Water Account. A new water service connection where one was not previously installed; Responsible Person or Party. Also referred to as the water customer or any other party responsible for the violation. Potable Water. Water suitable or intended for human consumption; Single - Family. A residential property with one unit; Shortage. The actual or projected demand for water placed upon the water supply system by water customers which exceeds the actual supply, where the actual supply of water is the amount of water available for delivery from the municipal water supply system for subsequent delivery to water customers; Page 8 of 11 City of Santa Monica Water Shortage Response Plan January 13, 2015 Water: All potable water supplied from the municipal water supply system to any water customer. Non - potable water that is metered separately is excluded; Water Customer. The person designated on the water account records maintained by the City as the person responsible for payment of charges incurred for the use of the water supply system. Water Demand. The amount of water used by water customers; Water Use Allowance. The amount of water assigned to water customers based on a percentage of the baseline water usage. Page 9 of 11 City of Santa Monica Water Shoitage Response Plan Januaiy 13. 2015 Calculations Exhibit 1 - Residential Water Conservation Threshold The water use allowance is a percentage of 2013 water usage. Each water customer will receive a WUA for each billing period. Residential water customers that are at or below the residential water conservation threshold outlined in Section 7 will not need to reduce water use. The residential water conservation thresholds are calculated based on the following: Assumptions for Calculating the Water Conservation Thresholds: 1. Number of Single Family Residents per Home= 4 (based on 2010 Census data) 2. Number of Multi - Family Residents per Unit= 2 (based on 2010 Census data) Table 5: Water Use Gallons Per Capita Day Calculation Stage 1 & 2 based on AWWA Residential End Uses Report and pre -2013 plumbing code standards Allocated water use is 68 `allons per capita per day pcd Toilets es x 1.6 gallons per flush 8.0 Shower /bath x 2.5 g allons per minute 12.5 Clothes Washer fMin 1/3 load 6.0 Kitchen /Dishwasher 4 9pcd 4.0 Bathroom Sinks 4 pcd 4.0 Inside Total (gpcd)34.5 Insd Cleanin /outdoor Use 34.5 33.5 TOTAL 15.5 `pcd 68.0 gpcd Table 6: Water Use Gallons Per Capita Day Calculation Stage 3 & 4 based on AWWA Residential End Uses Report and 2013 plumbing code standards Allocated water use is 50 gallons per capita per da ( cd) To=Sinks 5 flushes x 1.6 gallons per flush 8.0 Sh5 min x 2.5 gallons per minute 12.5 Clo 1/3 load 6.0 Kither 4 gpcd 4.0 Ba4 gpcd 4.0 Insd 34.5 Cleaning /outdoor Use 15.5 `pcd TOTAL 50.0 Single- family Water Customer Threshold Calculation: 68 gallons gpcd x 4 people x 60 days (bi- monthly billing period) x 748 gallons (HCF) _ 22 HCF Page 10 of 11 City of Santa Monica Water Shortage Response Plan January 13, 2015 Multi- family Water Customer Threshold Calculation: 68 gallons gpcd x 2 people /unit x 60 days (bi- monthly billing period) x 748 gallons (HCF) = 11 HCF /unit Tahlla 7• ThrPShnld Watpr Use Rillina Unit (HCF) Calculations Page 11 of 11 Stage 1 & 2 Stage 3 & 4 Single Family Water Account 22 HCF /bi- monthly 16 HCF/ bi- monthly billing billing period period Multi - Family Master Meter 11 HCF/ /unit/ bi- monthly 8HCF/ unit/bi- monthly billing Water Account billing period period Page 11 of 11 Adopted and approved this 13th day of January, 2015. 4 �, cu a Kevin McKeown, Mayor I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10856 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 13th day of January, 2015, by the following vote: AYES: Councilmembers: Davis, Himmelrich, O'Connor, O'Day, Winterer Mayor McKeown, Mayor Pro Tern Vazquez NOES: Councilmember: None ABSENT: Councilmember: None ATTEST: Sarah P. German, City Clerk