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SR-01-13-2015-8B - 502-006-08City Council Meeting: January 13, 2015 To: Mayor and City Council From: Dean Kubani, Manager, Office of Sustainability and the Environment Martin Pastucha, Director of Public Works Subject: Water Shortage Response Plan and Implementation Recommended Action Staff recommends that the City Council: 1. Review and comment on the policies and implementation of the Water Shortage Response Plan (WSRP). 2. Adopt by Resolution the WSRP and reaffirm and re- declare a Stage 2 Water Supply Shortage. 3. Set a deadline of December 31, 2016 to achieve a 20% reduction in water use. 4. Introduce for first reading the attached ordinance modifying Santa Monica Municipal Code Chapter 7.16, Water Conservation, in order to effectively implement and enforce water conservation requirements. 5. Review and comment on proposed changes to the Green Building Ordinance and direct staff to return with an ordinance. 6. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report. Executive Summary California is in an unprecedented drought. In August Council declared a Stage 2 Water Supply Shortage that requires a 20% reduction in water use from 2013 and asked staff to update the City's Water Shortage Response Plan (WSRP). Water demand has decreased 3% since 2013. This report presents recommended changes to the existing WSRP. These proposed changes reflect input from the public, new information regarding surcharges and penalties, and represent an approach that rewards water savers and penalizes water wasters which is intended to motivate them to save. The successful implementation of any Water Supply Shortage stage requires flexibility to adjust to unforeseen consequences. Staff may return to Council with additional recommendations. 1 Proposed WSRP changes include: • Water Use Allowances for all water customers would be 80% of their 2013 water usage for Stage 2. • Penalties would be imposed for water customers that exceed the applicable Water Use Allowance. • Establishment of residential water conservation thresholds for single family and multi - family residential customers. Customers using less than or equal to the threshold would not be required to reduce 20% from their 2013 water usage baseline. It is not feasible to establish water conservation thresholds for commercial water customers due to the large variations in water use by individual businesses. • A process to grant an adjustment to a Water Use Allowance would be provided to customers in order to avoid a health and safety emergency or for a financial hardship for single - family customers. Based on Council direction, staff would need time to make necessary changes to the water billing system and notify water customers prior to implementation. Water Use Allowances would go into effect in April. Penalties would start accumulating in August 2015 for excess use. Penalties would appear on water bills beginning in October 2015. Staff recommends accelerating outreach and education as well as the water conservation programs outlined in the City's recently adopted Sustainable Water Master Plan in order to help customers save water now to mitigate the effects of the drought and maintain those savings long -term. Staff recommends setting a deadline of December 31, 2016 to achieve the 20% reduction. Staff also recommends modifications to existing municipal code sections in order to effectively implement and enforce water conservation requirements. Proposed changes include updating the Water Conservation Ordinance, Green Building Ordinance, waiving permit fees for landscape projects participating in the City's rebate program, consolidating water related ordinances, and allowing exemptions of individual water meters due to space limitations in the public- right -of -way. The proposed ordinance changes would be brought to Council in April 2015. The estimated costs to implement measures to address the Stage 2 Water Supply Shortage are $3,558,225 for FY 2014 -15 and $5,272,000 in FY 2015 -16. These costs include staffing, rebates, conservation programs and outreach and education. Background Since 2007, with the exception of 2011 -12, California has been in a drought. The current drought has seen some of the lowest rainfall and snowpack since 1896. On 2 May 27 2.008 Council adopted amendments to SMMC 7.16 - Water Conservation, which gave Council the authority to determine and declare a water supply shortage and to adopt a Water Shortage Response Plan (WSRP). The current WSRP was developed in 2009 to comply with the State's Urban Water Management Plan requirements. The WSRP was based on the California Department of Water Resources 2007 Urban Drought Guidebook. 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. The WSRP was included in the City's 2010 Urban Water Management Plan which was subsequently approved by the State. This Advisory remained in place as part of the effort to reduce the need to import water from MWD and reach the City's goal for water self - sufficiency by 2020. 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. On January 29, 2014, the City increased its voluntary conservation target from 10% to 20 %. On March 1, 2014, the Governor signed Senate Bill 104, state legislation which implements numerous drought relief measures. On July 15, 2014, the State Water Resources Control Board adopted an Emergency Regulation for Statewide Urban Water Conservation which requires urban retail water agencies, like Santa Monica, to implement all requirements and actions of their water shortage response plans that impose mandatory outdoor irrigation restrictions and prohibit certain activities in promotion of water conservation. 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 including proposed amendments to Section 7.16 of the Municipal Code and the WSRP, a financial impact analysis to address revenue reductions and additional staffing and program implementation costs, and an implementation timeline. K On October 28, 2014 staff returned to Council and presented proposed updates to the WSRP as well as information about proposed changes to the Municipal Code and implementation of drought response measures. Council provided feedback and directed staff to return with proposed changes to the WSRP that included input from the public, develop a Water Conservation Unit within the Office of Sustainability and the Environment to implement the Stage 2 Water Supply Shortage, and return with proposed changes to the Municipal Code that related to water conservation. Discussion This report presents recommended changes to the WSRP and recommended changes to the Municipal Code for Council adoption, provides details regarding implementation of drought response measures, and provides proposed additional water conservation measures that could be incorporated into the City's Green Building Ordinance for Council review and comment. The recommended changes to the WSRP incorporate direction provided by Council on October 28, 2014 as well as input from the public that was received between October 2014 and January 2015 at meetings of several neighborhood associations, business districts, the Chamber of Commerce, Santa Monica Convention and Visitors Bureau, Rent Control Board, Task Force on the Environment, and the Water Advisory Group, as well as at two public forums focused on the WSRP. Updated Water Shortage Response Plan The updated Water Shortage Response Plan Stage 2 requires a 20% reduction from 2013 water use (the water use baseline) by all sectors (single - family, multi - family, commercial, and landscaping) to implement the 20% mandatory reduction authorized by Council on August 12 2014. Mandatory conservation requirements for landscapes, cleaning, water features, waste, leaks and restaurants already codified will continue to be implemented through the City's water conservation ordinance (Chapter 7.16 of the SMMC). The City will continue to provide customers with water audits, access to C! rebates for landscape, rainwater harvesting, and other efficiency measures, and offer additional conservation programs and training to facilitate long -term behavior change. Customers will be encouraged through a citywide education and outreach campaign to take specific conservation measures in and around their homes and businesses. Proposed WSRP changes are detailed below Water Use Allowances Water Use Allowances are proposed in the WSRP for Stages 1, 2, 3 and 4 as a means to deter wasting of water and to achieve specific water reduction targets. Staff proposes using 2013 water usage as the baseline to calculate Water Use Allowances. Research conducted during development of the Sustainable Water Master Plan showed that years prior to 2013 had lower water use due primarily to the economic recession. Calendar year 2013 represents more typical water use in Santa Monica during a stronger economy. Using years prior to 2013 would set the baseline lower and make it more difficult, especially for businesses that have recovered or are growing, to reduce 20% and stay within their allowance. Water Use Allowances would be established for each billing cycle. A billing cycle is typically 60 days. Customers would need to reduce water use 20% each bi- monthly billing period compared to their 2013 bi- monthly billing usage. For residential customers, water use is typically lower in the winter due to less irrigation because of cool weather and rain and higher in the summer when irrigation increases because of warmer weather. Where the City's water billing records show the water customer used no water in 2013 or that a property was vacant, the baseline would be calculated using the average water usage in 2013 for customers in the same customer class with the same meter size. Meter sizes range from % inch to 6+ inches, with single - family home meters ranging from % inch to 2 inch depending on the size of the home and property. Water customers 5 using Santa Monica Urban Runoff Recycling Facility (SMURRF) non - potable water would be exempted from the water use allowance requirements. SMURRF customers include the City, RAND, and the Water Garden. As part of the proposed changes, water customers may apply for an adjustment to their water use allowance. Residential and commercial water customers that can demonstrate they have taken all necessary measures to save water and cannot achieve a 20% reduction due to financial hardship and /or to prevent an emergency condition related to health and safety may apply for an adjustment to increase their Water Use Allowance. The Water Use Allowance Adjustment Application, Attachment D, outlines how to apply for an adjustment. Proposed Water Use Allowances for Residential, Commercial and Landscape Water Customers (excluding SMURRF customers) Residential Conservation Thresholds and Water Use Allowances The updated WSRP includes water conservation thresholds for single - family and multi- family water customers whereby customers using less than or equal to the threshold would not be required to further reduce their water use and would not be subject to penalties. There are no proposed water conservation thresholds for commercial water customers. Due to the large variation in size, business type and corresponding water use it is not feasible to set a commercial water conservation threshold. The residential water conservation thresholds are intended to recognize the successful water - efficiency efforts of many residential water customers. Approximately 42% of single - family water customers and 80% of multi - family water customers currently use less than the proposed threshold. Residential customers whose water use is below these thresholds would not be required to reduce 20% from their 2013 baseline. Of 6 Stage 1 Stage 2 Stage 3 Stage 4 % Water Available per 85% 80% 70% 50% Customer Residential Conservation Thresholds and Water Use Allowances The updated WSRP includes water conservation thresholds for single - family and multi- family water customers whereby customers using less than or equal to the threshold would not be required to further reduce their water use and would not be subject to penalties. There are no proposed water conservation thresholds for commercial water customers. Due to the large variation in size, business type and corresponding water use it is not feasible to set a commercial water conservation threshold. The residential water conservation thresholds are intended to recognize the successful water - efficiency efforts of many residential water customers. Approximately 42% of single - family water customers and 80% of multi - family water customers currently use less than the proposed threshold. Residential customers whose water use is below these thresholds would not be required to reduce 20% from their 2013 baseline. Of 6 course, these customers are encouraged to save more, if possible. The lowest Stage 2 water use allowance for single - family customers is 22 HCF per bill and 11 HCF per unit per bill for multi - family water customers. Stage 1 Stage 2 Stage 3 Stage 4 22 HCF per bi- 22 HCF per bi- 16 HCF per bi- 16 HCF per bi- monthly billing monthly billing monthly billing monthly billing period period period period Proposed water conservation thresholds for multi - family water customers: Stage 1 Stage 2 Stage 3 Stage 4 11 HCF per bi- 11 HCF per bi- 8 HCF per bi- 8 HCF per bi- monthly billing monthly billing monthly billing monthly billing period for each period for each period for each period for each multi - family unit per multi - family unit per multi - family unit per multi - family unit per water account water account water account water account The thresholds are based on water use data from the American Water Works Association Residential End Users Study and guidelines from the State of California. The examples below show an average water customer's 2013 water usage baseline and Water Use Allowance by billing cycle. For residential customers, typically more water is used during the summer for landscape irrigation, so the Water Use Allowance would be higher in the summer. Example of average single - family water customer Water Use Allowance (this example includes a water conservation threshold). One HCF equals 748 gallons and is how water usage is shown on water customers' utility bills: rA Jan Mar May Jul Sep Nov 2013 Water Usage 19 HCF 21 HCF 23 HCF 44 HCF 35 HCF 33 HCF Water Use Allowance 22 HCF 22 HCF 22 HCF 35 HCF 28 HCF 26 HCF rA Example of average multi - family water customer (11 units) Water Use Allowance: Commercial Water Use Allowance Water Use Allowances for commercial water customers would be 80% of their 2013 baseline water usage per 2 month billing cycle. The examples below show what an average water customer's 2013 water usage baseline and Water Use Allowance by billing cycle. Example of average commercial water customer Water Use Allowance: Jan I Mar I May Jul I Sep Nov 2013 Water Usage 100 HCF 119 HCF 1122 HCF 1 175 HCF 173 HCF 125 HCF Water Use Allowance 121 HCF 121 HCF 121 HCF 140 HCF 138 HCF 121 HCF Commercial Water Use Allowance Water Use Allowances for commercial water customers would be 80% of their 2013 baseline water usage per 2 month billing cycle. The examples below show what an average water customer's 2013 water usage baseline and Water Use Allowance by billing cycle. Example of average commercial water customer Water Use Allowance: Example of City Hall Water Use Allowance: Jan Mar May Jul Sep Nov 2013 Water Usage 370 HCF 485 HCF 316 HCF 423 HCF 621 HCF 433 HCF Water Use Allowance 296 HCF 388 HCF 253 HCF 338 HCF 497 HCF 346 HCF Example of City Hall Water Use Allowance: Landscape Water Use Allowance There are approximately 750 water accounts that service landscaped areas only. The majority of those landscape water accounts are for two public agencies, the City and Caltrans. The updated WSRP would provide each public agency with one water allowance for all their landscape accounts. This provides flexibility to provide water where it is needed most such as for trees, new landscaping (for example, the recently installed Pico Blvd median), and sports fields. Staff recommends keeping the existing WSRP water reduction targets for landscape -only accounts. For Stage 2 this is a 20% reduction from the water customer's 2013 baseline. E. .� Jan I Mar I May I Jul I Sep I Nov 2013 Water Usage 179 HCF 220 HCF 269 HCF 355 HCF 343 HCF 190 HCF Water Use Allowance 1 143 HCF 176 HCF 215 HCF 284 HCF 274 HCF 152 HCF Landscape Water Use Allowance There are approximately 750 water accounts that service landscaped areas only. The majority of those landscape water accounts are for two public agencies, the City and Caltrans. The updated WSRP would provide each public agency with one water allowance for all their landscape accounts. This provides flexibility to provide water where it is needed most such as for trees, new landscaping (for example, the recently installed Pico Blvd median), and sports fields. Staff recommends keeping the existing WSRP water reduction targets for landscape -only accounts. For Stage 2 this is a 20% reduction from the water customer's 2013 baseline. E. .� Existing WSRP Landscape Water Use Allowance: Water Use Allowance for City of Santa Monica and Caltrans: Stage 1 Stage 2 Stage 3 Stage 4 % Water Caltrans 14,386 HCF 11,509 HCF Available per 85% 80% 70% 50% Customer Water Use Allowance for City of Santa Monica and Caltrans: Other cities have implemented water use allowances as a result of the drought that are more stringent than staff's recommendation. The City of Pleasanton implemented a 25% mandatory reduction from baseline year 2013. The City of Santa Cruz implemented mandatory water use allowances for single - family homes at 10 HCF and between 5 to 7 HCF per multi- family unit per month. The City of St. Helena implemented mandatory water use allowances for single - family homes at 65 gallons per person per day plus 2,500 gallons per month for summer irrigation, 65 gallons per person per day plus 70 gallons per day per 1,000 square feet of landscaped area, and for commercial customers to cut 10% from 2013 usage plus additional usage for landscaped areas. None of these cities implemented water conservation thresholds, however, the Santa Cruz water use allowances were set at levels even lower than the proposed WSRP water conservation thresholds. Penalties In order to achieve the policy objectives outlined above, a penalty system would be implemented to encourage compliance and penalize non - compliance. One component of the penalty system would be the issuance of administrative citations for wasting water. One method of delivering this citation may be by mailing it to water customers in the same envelope as their utility bill. N 2013 Baseline Water Use Allowance per Year City Landscape 134,537 HCF 107,630 HCF Caltrans 14,386 HCF 11,509 HCF Other cities have implemented water use allowances as a result of the drought that are more stringent than staff's recommendation. The City of Pleasanton implemented a 25% mandatory reduction from baseline year 2013. The City of Santa Cruz implemented mandatory water use allowances for single - family homes at 10 HCF and between 5 to 7 HCF per multi- family unit per month. The City of St. Helena implemented mandatory water use allowances for single - family homes at 65 gallons per person per day plus 2,500 gallons per month for summer irrigation, 65 gallons per person per day plus 70 gallons per day per 1,000 square feet of landscaped area, and for commercial customers to cut 10% from 2013 usage plus additional usage for landscaped areas. None of these cities implemented water conservation thresholds, however, the Santa Cruz water use allowances were set at levels even lower than the proposed WSRP water conservation thresholds. Penalties In order to achieve the policy objectives outlined above, a penalty system would be implemented to encourage compliance and penalize non - compliance. One component of the penalty system would be the issuance of administrative citations for wasting water. One method of delivering this citation may be by mailing it to water customers in the same envelope as their utility bill. N At Council's direction staff researched various penalty scenarios that would be fair, equitable amongst customers, and penalize those wasting the most water. The proposed penalty system tries to balance those directives within the legal framework of administering penalties. State law limits administrative penalty fine amounts to $1,000 per violation. While $1,000 would be a very large penalty for a single - family customer that used only one HCF over their Water Use Allowance, it would be a small fine for a customer that used 100 HCF over their Allowance (one HCF is equal to 748 gallons and the measurement of water shown on utility bills). Staff is proposing a penalty that would be calculated by multiplying the water used in excess of the Water Use Allowance times $10 up to the total water charges for that billing period or $1,000, whichever is less. Proposed Penalties: Formula: $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. ® For example a single - family customer that used 32 HCF and which exceeds their Water Use Allowance by 3 HCF would be charged a $30 penalty. ® For a commercial customer that used 600 HCF and which exceeds their Water Use Allowance by 120 HCF would be charged a $1,000 penalty. Customers that exceed their Water Use Allowance three times in a one -year period may be required to have a water audit performed by a licensed engineering firm with water audit experience to be paid by the water customer. 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 precondition to granting any request for a water use allowance adjustment. 10 Customers that exceed their Water Use Allowance seven or more times may have a flow restrictor installed in the meter which restricts the flow of water going into the building and /or be charged with a civil penalty up to $10,000. Water customers that receive a penalty and feel it was improperly imposed may appeal the penalty to a hearing officer. The proposed ordinance requires that penalties must be pre -paid or be waived due to proven financial hardship prior to filing an appeal. The examples below show the Water Use Allowance and potential administrative penalties for average residential and commercial customers. These penalties are based on current water rates. Example of Stage 2 Penalties for average single - family water customer: Jan Mar May Jan Mar May Jul Sep Nov Water Use Allowance 22 HCF 22 HCF 22 HCF 24 HCF 27 HCF 22 HCF Water Usage: 17 HCF 23 HCF 33 HCF 37 HCF 29 HCF 23 HCF Usage Beyond Allowance: 19 HCF 7 HCF Allowance: 0 HCF 1 HCF 11 HCF 13 HCF 2 HCF 1 HCF Water Bill: $46.25 $68.75 $106.25 $121.25 $91.25 $68.75 Penalty: $0.00 $10.00 $106.25 $121.25 $20.00 $10.00 Example of Stage 2 Penalties for average multi - family water customer (8 units): 11 Jan Mar May Jul Sep Nov Water Use Allowance 88 HCF 92 HCF 119 HCF 113 HCF 88 HCF 88 HCF Water Usage: 107 HCF 99 HCF 125 HCF 114 HCF 111 HCF 117 HCF Usage Beyond Allowance: 19 HCF 7 HCF 6 HCF 1 HCF 23 HCF 29 HCF Water Bill: $426.70 $381.74 $527.86 $466.04 $449.18 $482.90 Penalty: $190.00 $70.00 $60.00 $10.00 $230.00 $290.00 11 Example of Stage 2 Penalties for average commercial water customer (3/4 inch meter): Example of Stage 2 Penalties for average commercial water customer (1 112 inch meter): Jan Mar May Jul Sep Nov Water Use Allowance 40 HCF 36 HCF 44 HCF 43 HCF 52 HCF 37HCF Water Usage: 49 HCF 50 HCF 57 HCF 56 HCF 54 HCF 49 HCF Usage Beyond Allowance: 9 HCF 14 HCF 13 HCF 13 HCF 2 HCF 12 HCF Water Bill: $174.93 $178.50 $203.49 $199.92 $192.78 $174.93 Penalty: $90.00 $140.00 $130.00 $130.00 $20.00 $120.00 Example of Stage 2 Penalties for average commercial water customer (1 112 inch meter): Multi - family Drought Penalties Pass - through The majority of multi - family properties in Santa Monica have only one meter for the entire building. For properties not subject to rent control and where tenants pay the landlord for water in addition to their rent, drought penalties may be passed onto the tenants. For properties subject to rent control, the Rent Control Board has authority to determine whether pass - throughs should be authorized and if so, how much. Staff has discussed this issue with Board staff and is informed that Board staff will be taking this issue to the Board if the Council acts to adopt penalties. Municipal Code Changes At the October 28, 2014 Council meeting staff presented several suggested modifications to existing municipal code sections for Council input. The modifications IN Jan Mar May Jul Sep Nov Water Use Allowance 150 HCF 131 HCF 144 HCF 128 HCF 147 HCF 120 HCF Water Usage: 157 HCF 151 HCF 160 HCF 160 HCF 149 HCF 134 HCF Usage Beyond Allowance: 7 HCF 20 HCF 16 HCF 32 HCF 2 HCF 14 HCF Water Bill: $560.49 $539.07 $571.20 $571.20 $531.93 $478.38 Penalty: $70.00 $200.00 $160.00 $320.00 $20.00 $140.00 Multi - family Drought Penalties Pass - through The majority of multi - family properties in Santa Monica have only one meter for the entire building. For properties not subject to rent control and where tenants pay the landlord for water in addition to their rent, drought penalties may be passed onto the tenants. For properties subject to rent control, the Rent Control Board has authority to determine whether pass - throughs should be authorized and if so, how much. Staff has discussed this issue with Board staff and is informed that Board staff will be taking this issue to the Board if the Council acts to adopt penalties. Municipal Code Changes At the October 28, 2014 Council meeting staff presented several suggested modifications to existing municipal code sections for Council input. The modifications IN were proposed in order to more effectively implement and enforce water conservation requirements. The following proposed modification is attached and recommended for Council adoption: ® Proposed changes to the Water Conservation Ordinance (Chapter 7.16 SMMC) attached to this staff report. The proposed changes include: o Setting misdemeanor and the infraction fine amounts. o Authorizing Civil Penalties and the installation of flow reduction devices for repeat offenders. o Clarifying the scope and intent of the WSRP. Staff will return to Council with additional modifications and /or information items according to the timelines outlined below: • Consolidation and updating of existing water related ordinances and rescission of outdated code requirements in order to simplify water regulations throughout the municipal code. Staff is in the process of consolidating these ordinances and will return to Council in summer 2015. • Exemption process for existing requirement for individual water meters due to space limitations in the public- right -of way. Staff will submit an Information Item to Council in spring 2015 regarding individual water meter requirements for multi- family residential properties and mixed use developments to address physical limitations of meter installations and submeter requirements. • Regulation of groundwater wells on private property within the city limits. Staff has begun researching the City's ability to regulate groundwater wells on private property. The City cannot currently prohibit the installation of private wells on private property, because Santa Monica is located in a water basin that is unadjudicated. Property owners have the right to use the groundwater on their property. Staff is exploring ways to regulate private well installation and operation such as construction documents, water quality reports, and pumping depths in order to evaluate a well's potential impacts on the City's groundwater wells. An Information Item will be prepared for Council in spring 2015. • No net new water use for new developments. Staff is in the process of researching and developing options for no net new water use for new developments, including water use by land use. In conjunction, staff will also research options to update the Water Demand Mitigation Fee. Both of these issues will be presented to Council in spring 2015. 13 In addition to the above modifications, staff will return to Council in April 2015 with the following proposed changes to the Green Building Ordinance (Chapter 8.108 of the SMMC) and Water- efficient Landscape and Irrigation Standards (Standards) to increase the water- efficiency of new or remodeled buildings and landscapes in Santa Monica. These recommendations address on -going challenges with the implementation of this ordinance and would: • Streamline the plan check process. • Increase water savings for new or remodeled buildings and landscapes. • Decrease the potential for irrigation systems to create runoff and overspray which may negatively impact the health of the Santa Monica Bay in addition to wasting water. • Eliminate the installation of new landscapes and irrigation in single - family homes that do not meet local requirements, and • Ensure that the landscape and irrigation is installed according to the approved plans. These initial recommendations are based on input from staff in the Office of Sustainability and the Environment, Public Works, Planning, Building and Safety, City Attorney's Office, as well as landscape professionals who perform a significant amount of work in Santa Monica, the Task Force on the Environment (TFE), and the Water Advisory Group. If Council gives staff direction to develop these proposed changes, staff would present them at several public meetings including the Building and Safety Commission, Parks and Recreation Commission, Urban Forest Task Force, TFE, the Water Advisory Group, professional landscapers, and neighborhood associations, for input prior to returning to Council. These proposed changes may include: o Implementing Tier 1 of the 2013 Calgreen Code which would require a 30% water savings for indoor plumbing fixtures compared to the previous plumbing code. o Requiring single - family projects to submit landscape plans and install the landscape per the approved plans. o Banning the installation of high -water use plants including certain types of lawn in parkways, residential front yards, and commercial properties. 14 • Limiting certain types of lawn to 20% of the total landscaped area in the rear yard of residential properties. • Banning the installation of sprinklers /overhead irrigation, except for high - water use groundcovers in rear yards. • Reducing the reference evapotranspiration adjustment factor to 0.5 for plants. The adjustment factor is an average ratio of plant factors (how much water plants need) and irrigation efficiency applied to all plants in a landscape. By changing the adjustment factor to 0.5, plants in a landscape need 40% the amount of water that grass needs and should be irrigated with a system that is at least 80% efficient (0.4/0.8 = 0.5). • Including pools, spas, and water features in the landscape water budget calculations. • Requiring automatic pool covers. • Allowing soil moisture sensors as irrigation controllers. • Require the landscape architect/architect and landscape contractor /contractor to meet the city inspector at the open trench inspection. • Exempting the City from this Ordinance and instead create an Administrative Instruction for water - efficient landscapes and irrigation on public property and include guidelines for new public landscapes. In addition to the above mentioned modifications to existing municipal code sections, staff will return to Council in March 2015 with a resolution to waive the permit fee for Architectural Review Board to review landscape projects participating in the City's Sustainable Landscape Rebate Program. Drought Response Implementation The goal to reduce water use immediately in order to lessen the impacts of the drought on local groundwater and imported water supplies will benefit the entire community. It will take the commitment of staff, residents, businesses, their employees and visitors to reduce use by 20 %. An interdepartmental team, including the City Manager's Office, Office of Sustainability and the Environment, Public Works, and Finance has collaborated on the recommended water conservation policies, conservation programs, enforcement, and plans for community outreach and education. Implementation of these efforts will continue until such time as Council declares by resolution an end to the 15 emergency water shortage when the drought ends. At that time all requirements of the WSRP would cease The Sustainable Water Master Plan includes new water conservation programs and enhancements to existing programs that will help the City reach its goal to be water self - sufficient by 2020 that total $7.2 million. The full implementation of those programs is estimated to save 1.3 million gallons of water per day. However, the Stage 2 Water Shortage reduction target is 2.2 million gallons of water per day. The SWMP does not quantify water savings that might be achieved through education and enforcement of existing water conservation ordinances. In order to immediately reduce water use to lessen the effects of the drought and maintain water conservation levels to meet the City's water self- sufficiency goal, staff is recommending accelerating the implementation of the SWMP as a defense against the drought. The drought response will be implemented by the new Water Conservation Unit in the Office of Sustainability and the Environment. The water conservation programs outlined in the SWMP will be funded by water rates in addition to funding from the Metropolitan Water District of Southern California (MWD). The total projected cost for FY 2014 -15 is $2.7 million. The net cost to the City is $1.2 million after receiving financial assistance from MWD to implement three of the programs outlined below. The total projected cost for FY 2015 -16 is $4.7 million. Staff will apply for grants and MWD funding if applicable. Programs to be accelerated: Laundromat Rebate ® This is a new rebate to help cover the cost to replace front loading washers with water - efficient washers. irp ® Increase this rebate from $31,800 to $81,800 and leverage rebates that may be available from the Southern California Gas Company and Southern California Edison. ® Estimated water savings is 117 million gallons per year. Metropolitan Water District Rebates ® Add additional funding to MWD's regional rebate program available to residents and businesses for water saving products including but not limited to toilets, urinals, clothes washers, weather -based irrigation controllers, soil moisture sensors, and ice machines. ® Estimated water savings is 78 million gallons per year. Sustainable Landscape Rebate - MWD will provide funding up to $1,000,000 for this program through May 2015. An additional $400,000 will be paid from the City's General Fund to fund these rebates as part of Council's direction on October 28, 2014. • Increase the rebate from $2.50 per square foot for lawn removal and drip irrigation to $3.50 per square foot. • Increase the cap on the total rebate amount from $3,000 to $4,500. This would cover approximately 1,285 square feet. The average rebate project is 1,345 square feet. • Eliminate the sprinkler rebate to encourage people to remove lawn and use drip irrigation. This rebate currently has the fewest participants. • Add a professional designer consultation option. Customers could opt to pay a small portion of the fee for a 2 -hour consultation with a professional landscape designer /contractor. • These changes are designed to increase participation and achieve water savings quicker. These changes reflect similar programs administered by Los Angeles Department of Water and Power and Long Beach Water Department that have been successful in increasing participation and water savings. • Estimated water savings is 26 million gallons per year. Multi - Family Toilet Direct Installation - MWD will provide funding up to $435,000 for this program through May 2015. 17 • This is a new program to hire a vendor to install 5,000 WaterSense toilets in multi - family properties at no cost to the customer. High- density, high water use buildings would be targeted for this program. • Staff will submit a request for proposals in February 2015 and return to Council in April 2015 to seek authorization for a contract. • Estimated water savings is 23 million gallons per year. School District Water Audits and Product Installation - MWD will provide funding up to $20,000 for this program through May 2015. • This is a new program to audit schools, provide water saving recommendations and pay for installation of approved products. • Staff submitted an application to the California Conservation Corps, a job training program that benefits the environment, for free audits and assistance with installation as needed. Staff should be notified in February if the application was approved. If the application is rejected, the program would continue with funds established in the Sustainable Water Master Plan. • Estimated savings is 1.6 million gallons per year (this does not account for leak repair) Fixture Upgrades for Medical Facilities • This is a new rebate program up to $22,000 to install specialized laminar flow restrictors for hospital faucets, and toilets and urinals in common area restrooms. • Estimated water savings is 2.2 million acre feet per year. Water Conservation Unit At its October 28, 2014 meeting Council approved changes to the City's FY14 -15 budget for the creation of four new full -time limited term positions to comprise a Water Conservation Unit along with two existing staff within the Office of Sustainability and the Environment (OSE) in order to oversee the implementation of the Stage 2 Water Supply Shortage. The hiring process for these positions was initiated in November 2014 and is nearing completion. It is anticipated that all of the new staff will be in place and trained In by the end of January 2015. This increased staffing will allow more one -on -one time with residents and businesses to help them make informed decisions on how best to save water at their home or business. Field staff will be available for audits and will enforce the City's water conservation ordinances. Water Use Allowance Adjustments and Appeals will be handled by this unit. Outreach and Education The communications firm Cook +Schmid was selected on November 25 2014 to develop and implement a water conservation marketing and outreach campaign to target homeowners, renters, businesses, employees, and visitors. The campaign will launch immediately after the WSRP is adopted with outreach materials and advertising starting in February. The goals of the campaign are to educate and motivate community members to reduce overall water use 20 %. Targeted messages will be created for each audience to promote specific behavior change. As a result of the campaign customers will know the five things they can and should do to conserve water as well as the long -term benefits of water self- sufficiency. Print advertising and signage, direct mail, radio, web and social media, earned media, and community outreach at city locations and community events would be employed. Additional resources such as the Chamber of Commerce, Convention and Visitors Bureau, Certified Green Businesses, local neighborhood associations and community groups will be engaged to help get the word out. In addition to educating the community, specific training will be provided for City customer service staff in several departments, so they understand the WSRP, what information to provide to customers and /or to whom customers should be directed. City's Response to the Drought The City has already taken several steps to reduce its water use. The Public Landscape Division (PLD) of the Public Works Department has incorporated a variety of 19 measures to improve the efficiency of irrigation systems in the City's parks and landscaped areas. A thorough analysis of the 28 park sites and 282 other sites including parkways, medians, curb extensions, slopes and public right -of -ways was performed. This analysis included an assessment of the irrigation control system at each site and a review of the area's 5 -year water usage history to determine water usage per site and to identify system improvements. The analysis identified where the existing irrigation system infrastructure such as controllers, flow meter and master valves (designed to shut off irrigation systems in the event of an irrigation line break) was A) not operable B) not available or C) not operating to maximum efficiency. Some of these sites have been adjusted and or repaired to operate more efficiently as designed, however further analysis is being conducted to determine whether the existing systems should be replaced and upgraded where applicable with a more sophisticated irrigation systems to maximize water savings to meet the City's 2020 Self Sufficiency Plan. Two sites (Reed Park and Marine Park) have been identified as 'pilot projects' where new irrigation controllers will be installed by February 2015. Irrigation water benchmarks as determined by plant water requirements, soil conditions, soil -water balance for improved infiltration at the root zone, and the rate of evapotranspiration, will be set, monitored and audited on a weekly basis to ensure that they are being met. Furthermore, this analysis identified approximately 14 acres of turf within the landscape areas (parks and medians) where existing turf can be removed and replaced with alterative landscape including the use of mulches, decomposed granite and drought tolerant plant materials. Staff anticipates that the City will, by summer 2015, meet its water reduction target through a series of adjustments to current water usage, system improvements, and additional water savings measures. 20 Public Input Process Public engagement is critical to the successful implementation of the WSRP. Upon Council direction and following State requirements for adopting a water shortage plan, staff actively engaged diverse groups of the population prior to and during the preparation of the plan, publicized the hearing in the Santa Monica Daily Press on three separate dates, and posted this staff report which includes a summary of the WSRP, the proposed ordinance, the proposed resolution and proposed Water Shortage Response Plan in the City Clerk's office. Staff presented proposed changes to the WSRP to several neighborhood and business district associations. Several recommendations provided by the public were incorporated into the attached WSRP. Some recommendations were not incorporated because they proved impractical or would be burdensome to implement. Presentations were made at the following associations between October 2014 and January 2015: Northeast Neighbors, North of Montana Association, Ocean Park Association, Pico Neighborhood Association and Friends of Sunset Park, Pico Improvement District, Main Street Merchants, Downtown Santa Monica, Montana Avenue Merchants Association, the Chamber of Commerce, Convention and Visitor Bureau, Rent Control Board, Task Force on the Environment, and the Water Advisory Group, as well as at two public forums focused on the WSRP. A presentation was made to the Rent Control Board on December 11, 2014 which included proposed water use allowances, thresholds, penalties and adjustments. The Rent Control Board discussed the issues but did not take any action. The Task Force on the Environment passed a motion at its October 20, 2014 meeting recommending City Council adopt a target date of December 2016 to achieve the mandatory 20% water use reduction specified in the Water Shortage Response Plan; 21 to significantly increase the proposed drought surcharge to send a stronger signal to all water customers to discourage water wasting; and impose a requirement of no net new water use for all new developments in Santa Monica. In response the TFE's motion, staff recommends setting a deadline of December 31, 2016 to achieve 20% reduction in citywide water use. Staff is proposing a drought penalty that addresses the TFE recommendation. Staff is in the process of researching and developing options for no net new water use for new developments, including researching water use baselines by existing land use, that will be presented to Council Spring 2015. Downtown Santa Monica's District Issues Committee recommends Council consider a conservation threshold allowance for businesses participating in sustainability programs, such as green business and LEED certifications, in order to create parallel incentives to those proposed for residential water users. The committee also recommends Council should further direct staff to establish an expedited process for review of water allowance adjustments in relation to changes of tenancy. Staff is not recommending the implementation of a business conservation threshold, because there is no water usage data for specific businesses based on type of business or square footage of businesses. This would be administratively burdensome. There are only 2,400 commercial water customers but 7,000 individual businesses. Staff would need to conduct an intensive research project to determine the type of business associated with each account, the number of employees, the number of customers, square footage, domestic and non - domestic water uses, require individual water meters be installed for each business within a master - metered building, collect data for one year to establish a baseline, and then establish a threshold based on comparable businesses. There could be 7,000 different thresholds, because each business is different. For example none of the hotels in Santa Monica have the same square footage, number of rooms, on -site laundry, cooling tower systems, and amenities such as pools, full service restaurants, and conference rooms. Establishing the same conservation threshold for all hotels is not 22 feasible because of these differences. Staff recommends giving priority for review of adjustments to water customers that are Green Business Certified and /or have LEED certification. Many businesses expressed concern that a 20% reduction from 2013 would be very difficult especially for businesses that are growing and for changes in tenancy in a master - metered building. To address changes in tenancy, the Water Use Allowance Adjustment process provides water customers the ability to request an increase to their allowance. Proposed Implementation Schedule Staff may return to Council with additional recommendations to the WSRP and its implementation in response to changing drought conditions, administration of the requirements, and /or unforeseen consequences. 2015 Project January February March April WSRP Council may Staff update Staff test Utility Water Use adopt WSRP Utility Billing Billing system Allowances and Water Use system go into effect Allowances and appear on Utility Bills Municipal Code Council may Code changes Council may Changes adopt code go into effect adopt code changes changes SMMC 7.16 SMMC 8.108 Education Outreach and Outreach and Outreach and Outreach Campaign Education plan Education plan Education plan and developed implemented implemented Education plan implemented 23 Project May June July August WSRP Penalties begin Implementation being imposed of Penalties Municipal Code begins Municipal Code Changes Outreach and Outreach and Outreach and Outreach Education Outreach and Outreach and Outreach and Outreach and Campaign Education Education plan Education plan Education plan implemented implemented implemented implemented Project September October November December WSRP Penalties begin being imposed Municipal Code Changes Education Outreach and Outreach and Outreach and Outreach Campaign Education Education plan Education plan and implemented implemented implemented Education plan implemented Summary of the Proposed Water Shortage Response Plan Summary of Water Shortages Council may declare and rescind by resolution a Water Shortage Emergency Advisory or Stage 1, 2, 3, or 4. A Water Shortage may be declared if a there is a drought, state or local emergency, natural disaster or local event that critically impacts the water system, the City's wholesale water agency requests extraordinary water conservation or implements a water allocation. Summary of Water Use Allowances Depending on the water shortage stage declared by Council, each water customer would be given a specific amount of water to use each billing period. During a Stage 2 Water Shortage, every water customer's bi- monthly water use allowance would be 80% of their bi- monthly usage in 2013. M Proposed Water Use Allowances New water accounts, new water customers, or properties vacant during 2013 would be given a baseline using the average bi- monthly water use for water customers in the same customer class (single - family, duplex, multi - family, commercial, industrial, landscape, etc.) with the same size water meter. Residential Water Conservation Thresholds Depending on the water shortage stage declared by Council, residential water customers would either need to reduce water use by a certain percentage or if they are at or below the designated water conservation threshold they would not need to use less water. Proposed water conservation thresholds for single - family water customers: Stage 1 Stage 1 Stage 2 Stage 3 Stage 4 % Water 16 HCF per bi- 16 HCF per bi- monthly billing monthly billing Available per 85% 80% 70% 50% Customer multi - family unit per multi - family unit per multi - family unit per multi - family unit per New water accounts, new water customers, or properties vacant during 2013 would be given a baseline using the average bi- monthly water use for water customers in the same customer class (single - family, duplex, multi - family, commercial, industrial, landscape, etc.) with the same size water meter. Residential Water Conservation Thresholds Depending on the water shortage stage declared by Council, residential water customers would either need to reduce water use by a certain percentage or if they are at or below the designated water conservation threshold they would not need to use less water. Proposed water conservation thresholds for single - family water customers: Stage 1 Stage 2 Stage 3 Stage 4 22 HCF per bi- 22 HCF per bi- 16 HCF per bi- 16 HCF per bi- monthly billing monthly billing monthly billing monthly billing period period period period Proposed water conservation thresholds for multi - family water customers: Stage 1 Stage 2 Stage 3 Stage 4 11 HCF per bi- 11 HCF per bi- 8 HCF per bi- 8 HCF per bi- monthly billing monthly billing monthly billing monthly billing period for each period for each period for each period for each multi - family unit per multi - family unit per multi - family unit per multi - family unit per water account water account water account water account Water Use Allowance Adjustments Water customers could apply for an increase in their water use allowance to prevent an emergency condition related to health and safety, a financial hardship for single - family 25 customers, changes in tenancy, or changes in number of household. Customers must fill out a Water Use Allowance Adjustment and provide required supporting documentation. Adjustments may be given if all toilets, urinals, showerheads, and faucets are high - efficiency; there are no leaks; there is no irrigation runoff and overspray; or a unique circumstance makes meetings these requirements impossible. Summary of Penalties Anyone engaged in wasting water (exceeding their Water Use Allowance) may be subject to a penalty. The proposed penalty is $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. Summary of Proposed Ordinance The proposed ordinance provides for: • Setting misdemeanor and the infraction fine amounts. • Authorizing Civil Penalties and the installation of flow reduction devices for repeat offenders. • Establishing a process to review appeals of administrative penalties. • Clarifying the scope and authority of the WSRP. Summary of the Proposed Resolution The proposed ordinance provides for: • Adoption of the proposed WSRP. • Re- declaration and re- affirmation of a Stage 2 Water Shortage. 26 Financial Impacts & Budget Actions On October 28, 2014, Council approved $1,262,000 (Water Fund: $862,000; General Fund: $400,000 one -time funds to support rebates) for a new Water Conservation Unit to implement water conservation programs. Implementation of accelerated water conservation programs, which will be funded by the Water Fund, with funds generated by water rates, requires an appropriation of $2,296,225 to account 25671.577830. The Metropolitan Water District of Southern California (MWD) will reimburse the City $1,455,000 in FY 2014 -15. FY 2015 -16 projected costs of $5,272,000, which will be funded by the Water Fund, with funds generated by water rates, will be included in the Proposed FY 2015 -17 Biennial Budget. Prepared by: Kim O'Cain Approved: Dean Kubani Manager, Office of Sustainability and the Environment Approved: Forwarded to Council: Rod Gould City Manager Attachments: A) Resolution adopting the Water Shortage Response Plan and re- declaring a Stage 2 Water Supply Shortage B) Water Shortage Response Plan C) Water Use Allowance Adjustment Application D) Water Conservation Ordinance 27 Attachment C Water Use Allowance Adjustment Application Application for Water Use Allowance Adjustment • Comply with requirements listed under Required Finding for an Adjustment. • Fill out this Application • 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 4tn 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 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. 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. Attachment C 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. Attachment C Water Use Allowance Adjustment Application Name of Applicant: Customer Name as shown on Utility Bill: Water Account Number: Address Needing Adjustment: Mailing Address if different: Email: Phone: Type of property (circle one): single - family multi- family commercial landscape only Property is (circle all that apply): LEED certified Green Business Certified Meter Size: Type of Adjustment Requested: Place an "X" in the box for the condition that applies and provide requested information. ❑ an undue hardship that would result in an emergency condition relating to health and safety; or ❑ an undue financial hardship to a single - family water customer; or ❑ a new water account is requested; or ❑ properties were vacant during 2013 but are inhabited as of January 1, 2015; or ❑ increase in household size; or ❑ change in tenancy On -site inspections of may be required for verification. Failure to comply with inspection requests will result in a denial of the adjustment. Has a previous or separate adjustment application been filed? Y N When? Was it granted or denied? Y N a. Copy of grant /denial attached: Y N 2. Does the property you are seeking an adjustment for have the following? Sections a through a are required, except for single - family financial hardship or unless unique circumstances that can be demonstrated make meeting these requirements impossible. If unique circumstances make meeting these requirements impossible, describe in detail those circumstances on a separate sheet. a. High- efficiency Toilets: 1.28 gallons per flush (gpf)or less L Total # of toilets Total # of 1.28 gpf toilets ii. Photos showing flush rate, make /model, and /or receipts attached: Y N b. High - efficiency Showerheads: 1.5 gallons per minute (gpm) or less L Total # of showerheads Total # of 1.5 gpm showerheads ii. Photos showing flow rate, make /model, and /or receipts attached: Y N c. High- efficiency Faucets: 1.5 gallons per minute (gpm) or less L Total # of faucets Total # of 1.5 gpm faucets ii. Photos showing flow rate, make /model and /or receipts attached: Y N d. No leaks on property: Y N Attachment C i. Receipts for leak repairs attached: Y N e. If irrigation is installed, no irrigation runoff and overspray occurs when the system is used: Y N 3. Single- family Water customers provide this additional information: a. Describe why more water is needed and the amount of gallons per day needed. b. High- efficiency Clothes Washer: 4.0 or less water factor (wf) i. Total # of clothes washers Total # of 4.0 wf or less clothes washers ii. Photos of make /model and /or receipts attached: Y N c. Irrigated landscape watered by sprinklers, drip irrigation, hand -held hose: Y N i. Total square feet of irrigated landscape ii. Total square feet of climate- appropriate landscape iii. Total square feet of lawn iv. Total square feet of landscape irrigated with sprinklers 1. rotary nozzles installed on all sprinklers: Y N 2. rotary nozzle installed on some sprinklers: Y N v. Total square feet of landscape irrigated with drip vi. Automatic irrigation controller installed: Y N vii. Number of weather -based irrigation controllers installed viii. Number of soil- moisture sensors installed ix. Photos of landscape, irrigation valves, sprinklers turned -on, drip irrigation, irrigation controller attached: Y N x. Receipts for irrigation repairs including itemized receipt of parts to prevent runoff and overspray attached: Y N d. Did the number of full time occupants (individuals that live in the house year - round) change from 2013 year? Y N i. Total # of full time occupants in 2015 ii. Total # of full time occupants during 2014 iii. Total # of full time occupants during 2013 iv. Full Names of each occupant: 1. Occupant 1 2. Occupant 2 3. Occupant 3 4. Occupant 4 5. Occupant 5 6. Occupant 6 7. Occupant 7 8. Occupant 8 9. Occupant 9 10. Occupant 10 Attachment C 11. Provide additional names on separate sheet e. Are you enrolled in a utility low income assistance program? i. Provide copy of bill showing you are enrolled in a utility low income assistance program. 4. Multi- family Water Customers (customers that have a master water meter) and Commercial Water Customers (customers in a mixed use building and /or commercial water account) provide this information: a. Description and number of business(es) in building, number of employees per day, number of visitors per day. b. Description of multi - family property, number of units, number of bedrooms, number of residents per unit. c. List separately for each unit /tenant a description of why more water is needed and the gallons per day needed. d. List separately for each unit /tenant plumbing fixture count with make model, gallons used per day, and photos for each device that uses water including but not limited to toilet, urinal, faucet, shower, dishwasher, clothes washer, cooling tower, ice machine, water coolers, pool, spa. e. Irrigated landscape watered by sprinklers, drip irrigation, hand -held hose: Y N i. Total square feet of irrigated landscape ii. Total square feet of climate- appropriate landscape iii. Total square feet of lawn iv. Total square feet of landscape irrigated with sprinklers 1. rotary nozzles installed on all sprinklers: Y N 2. rotary nozzle installed on some sprinklers: Y N v. Total square feet of landscape irrigated with drip vi. Automatic irrigation controller installed: Y N vii. Number of weather -based irrigation controllers installed viii. Number of soil- moisture sensors installed ix. Photos of landscape, irrigation valves, sprinklers turned -on, drip irrigation, irrigation controller attached: Y N x. Receipts for irrigation repairs including itemized receipt of parts to prevent runoff and overspray attached: Y N Must demonstrate that all plumbing fixtures and landscaping meet the current building code requirements, except for those buildings not subject to the State's CalGreen requirements. I certify under penalty of perjury that all the information provided is truthful and correct. I understand that this form is required to be submitted to the City of Santa Monica, and that all information provided is subject to verification by the City. The City may request additional information and /or inspect the interior and exterior of the premises. Knowingly providing false or misleading information for purposes of receiving an adjustment to the Water Supply Shortage Plan is subject to civil and criminal penalties. By this signature, the Applicant indicates understanding that the application for an adjustment does not guarantee an adjustment will be granted, and the granting of an adjustment does not permit waste of water nor non - compliance with any other portion of the City of Santa Monica Municipal Code. If the request for an adjustment is approved, the applicant agrees to use the amount and manner permitted by the adjustment. Attachment C Customer Date Adjustments will be processed within 60 -days of receipt, unless processing time is dependent on receipt of data and /or inspection results. Customers will be notified of the determination by email unless otherwise requested. For Use by City of Santa Monica only Account Number: Date Received: Determination: Council Meeting January 13, 2015 Attachment D Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA UPDATING CHAPTER 7.16 OF THE SANTA MONICA MUNICIPAL CODE RELATED TO WATER CONSERVATION WHEREAS, 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 Southern California; and WHEREAS, the City of Santa Monica receives on average less than 15 inches of precipitation annually and in some years precipitation can be as little as 3 inches; and WHEREAS, in recent years the City of Santa Monica has relied on water imported from Northern California or from the Colorado River to meet its water needs; %lire WHEREAS, the imported water supply from Northern California and from the Colorado River cannot be reliably depended upon by the City of Santa Monica due to reoccurring drought conditions throughout the western United States, and due to federal and state regulations limiting such water for urban uses; and WHEREAS, conservation of water is critically important if the City of Santa Monica is to sustain itself, survive droughts as well as emergencies and natural disasters; and 0 WHEREAS, water shortage conditions within the State of California and within the City of Santa Monica can arise on short notice as a result of drought, natural disaster, or other emergency events that critically impact the availability of water. As a result, the residents and business operators of the City of Santa Monica live under an almost constant threat of water shortage; 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 WHEREAS, On March 1, 2014, the Governor signed Senate Bill 104, a state drought relief legislation which implements additional drought relief measures; and WHEREAS, On July 15, 2014, the State Water Resources Control Board 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, California Water Code Sections 350 — 359 and 10620 - 10645 authorize the declaration of a water shortage emergency and allows for the enactment of a water shortage response plan; and WHEREAS, California law authorizes local agencies, including the City of Santa Monica, to promulgate rules and regulations governing the conduct of local administrative hearings presided by a hearing officer or a hearing examiner; and E WHEREAS, California Government Code Section 53069.4 specifically authorizes local agencies to make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty; and WHEREAS, it is critical that the City has a full range of remedies available to ensure compliance with local water conservation laws and, where necessary, penalize violators for the failure to comply with these laws; and WHEREAS, a comprehensive code enforcement system that uses a combination of judicial and administrative remedies is critical to ensure code compliance; and WHEREAS, the City adopts the administrative fine and penalty provisions of this ordinance pursuant to the City's constitutionally granted powers as a charter city and Government Code Section 53069.4; and WHEREAS, the City Councils 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 HEREBY ORDAIN AS FOLLOWS: Section 1. Section 7.16.020 of the Santa Monica Municipal Code is hereby amended to read as follows: 7.16.020 Water Conservation Requirements The following water conservation requirements shall apply to all persons within the City of Santa Monica: 41 (1) Watering Hours. No lawn or landscape area shall be spray irrigated between the hours of ten a.m. and four p.m. on any day. This subsection shall not apply to any drip irrigation system approved by the City Manager or his or her designee or unless the r f ®�nrnn City Manager or his or designee approves in writing an exemption consistent with the policies of this Chapter for irrigation system maintenance, leak repair or new planting of low water usage plants or if FeGlaimesd rep cled water is utilized as permitted by law. (2) Irrigation ®verspray and Runoff. Water shall not spray or flow to any impermeable private or public surface including but not limited to walkways, driveways, sidewalks, alleys, streets, or storm drains. (b) Cleaning. No person shall: (1) Use water to wash, clean or clear any sidewalks, streets, walkways, patios, driveways, alleys or parking areas, whether paved or unpaved, with a hose connected to a domestic op table water source. Exception: Pressure washing may be permitted in writing by the City Manager or his or her designee v„e..a^ 12VI , consistent with the policies of this Chapter with approved equipment and if all wastewater is recovered for recycling, disposed of in the sanitary sewer, or directed to landscaping. 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 unmotorized, except by use of a hand -held bucket or similar container or a hose equipped with a positive action quick release shutoff valve or nozzle. This subsection shall not apply to any commercial car washing facility which utilizes a recycling system to capture or reuse water. In no event shall any water so used be permitted to run off into streets, alleys or storm drains; (c) Water Features and Water Recreation Facilities. No person shall: (1) Fill, for the first time, any water feature such as a fountain, pond, lake or water display unless the water feature is constructed with a water recycling system and, prior to the issuance of a building permit, a fee is paid to the City Manager or his or her designee D*e t^r �^ equal to the first year water consumption of the water feature as determined by the City Manager or his or her designee (2) Fill, for the first time, any water recreation facility such as a hot tub, spa, permanent swimming or wading pool unless the water recreation facility is constructed, installed or equipped with a cover to reduce water loss due to evaporation and, prior to the issuance of a building permit, a fee is paid to the City Manager or his or her deli nee P, t f � equal to the first year water consumption of the water recreation facility, as determined by the City Manager or his or her designee (d) Waste, Ponding and Leaks. No person shall: 5 (1) Cause, permit or allow water to leak from any exterior or interior pipe, hose or plumbing fixture of any kind whatsoever. (2) Cause, permit or allow water to flow from any source on private or public property into gutters, streets, alleys or storm drains except as a result of rainfall or from a source approved in writing by the City Manager or his or her designee st EPWM . (3) Cause, permit or allow water from any source to pond on private or public property except as a result of rainfall or unless approved in writing by the City Manager WMIM (4) Cause, permit or allow water to flow from any source on private or public property without beneficial use. (e) 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. (f) 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 2. Section 7.16.030 of the Santa Monica Municipal Code is hereby amended to read as follows: 0 7.16.030 Water Consumption Limits. !" r a (ba) The City Council by resolution is authorized to require Gp4emapese reductions in the use of water if such reductions are necessary in order for the City to comply with water use restrictions imposed by federal, state or regional water agencies or to respond to emergency water shortage conditions. (eb) The City Council, by resolution, is authorized to declare a water shortage advisory or water shortage emergency based on the actual or projected shortage of available potable water supplies for domestic, sanitary and public safety uses, and by resolution may adopt a Water Supply Shortage Response Plan. •• r •r 2 MOM * r • . r _ •• r 0 r n • • r - • 5 r y r r••_ r» r AMINEU Section 3. Section 7.16.040 of the Santa Monica Municipal Code is hereby repealed. Section 4. Section 7.16.050 of the Santa Monica Municipal Code is hereby amended to read as follows: 7.16.050 Water Consumption Limits and Fees for New Development. ntWe Apr ", '169' 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 - ..- •- -. _.• •.- �.te -. a.i ice^ . and will not increase by more than fifty percent the square footage of the principal building; or (c) The development involves a multi- family residence and is not a substantial w =and will not increase the number of dwelling units on the property; or (d) The person pays in advance a fee to the of -E 4"�" City sufficient to mitigate the estimated daily water consumption rate projected for the development, 8 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 5. Section 7.16.060 of the Santa Monica Municipal Code is hereby amended to read as follows: 1 =I MAIN AMIZIRICAMA • - a - - LSWIMMMIANIIQ upon extraordinary circumstances such as a disability or a condition that necessitates 10 S"M ar", • • 6 11 Section 6. Section 7.16.070 of the Santa Monica Municipal Code is hereby amended to read as follows: 7.16.070 Penalties and Remedies. (a) The Violation of any provision of this Chapter, including any violation of exceeding six months, or by both such fine and imprisonment. Each day that a violation occurs shall constitute a separate offense. W. ... .. s . tti},fFr4. . :C SG72! (d) Willful Misrepresentation. It shall constitute a misdemeanor punishable by a fine not to exceed five hundred dollars ($50 but not less than three hundred dollars jaaM or by imprisonment for a period not to exceed six months or by both such fine and imprisonment, 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 or the Water Supply Shortage Response Plan. (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 or criminal action. 13 REEMOM I'll, I I NEW twelve-month period ma be subject to the following: (1) The City Manager, or his or her designee, may order the violator to Not HEIMI ISM • MEM Mal WOMM as a to *my Loa IME-MMMMIM 3-3-a-MMO, (fg) The penalties and remedies established by the Chapter shall be cumulative. 14 Section 7. Section 7.16.080 of the Santa Monica Municipal Code is hereby repealed. ,,, A; � Affl a �_ ..R iainfru Lnvrr�m nn ^ }� .a rvr•s rai ®r1 chnll ha hnc ®r8 nnro iVea .a�rr� —Fn - ®� -r°¢i r4..rc�r�uesrrrs..r a Section 8. Section 7.16.090 of the Santa Monica Municipal Code is hereby repealed. IN *�, •. .:.:..h jr". P. �_..,ti,......y., Section 8. Section 7.16.090 of the Santa Monica Municipal Code is hereby repealed. IN Section 9. Section 7.16.100 of the Santa Monica Municipal Code is hereby amended to read as follows: 7.16.100 Fees. The City Council may, by resolution, establish fees for the filing, processing or approval of any application, permit, or variance, or adjustment provided for under this Chapter. Section 10. 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, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. Section 11. 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 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 any portion of the ordinance would be subsequently declared invalid or unconstitutional. 17 Section 12. 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 30 days from its adoption. APPROVED AS TO FORM: a lG � MARS J N S M U RI City Attornle�i M Reference: Original Is File within Legislative File Number 502 - 006 -04 0 Resolution No. 10856 (CCS)