R111601
City Council Meeting: February 12, 2019 Santa Monica, California
RESOLUTION NUMBER 11160 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
INCREASING WATER NEUTRALITY FEES FOR NEW DEVELOPMENT
WHEREAS, California has endured a severe multi-year drought that has
threatened the water supplies of communities and residents, devastated agricultural
production in many areas, and harmed fish, animals and their environmental habitats; and
WHEREAS, the City desires to continue to adopt and adhere to permanent
changes to use water more wisely and to prepare for more frequent and persistent periods
of limited water supply; and
WHEREAS, on January 8, 2019, the City Council adopted changes to Santa
Monica Municipal Code Section 7.16.050 (“Section 7.16.050”) (the City’s water neutrality
ordinance) to expand the applicability of the City’s water neutrality ordinance, modify the
definition of baseline water demand in the ordinance, and align the ordinance’s
terminology with the City’s planning and development procedures; and
WHEREAS, Section 7.16.050(i) authorizes the City to charge administrative fees
to permit applicants at the time of issuance of a building permit to cover the cost of
administering and implementing the water off-set requirements in Section 7.16.050(d);
and
2
WHEREAS, Section 7.16.050(j) authorizes the City to charge in-lieu fees to permit
applicants to be used to reduce new water demand citywide; and
WHEREAS, the aforementioned administrative and in-lieu fees are pass-through
costs charged to the City by the City’s water neutrality vendor, DNV GL; and
WHEREAS, the City Council authorized the City’s current contract with DNV GL
(“Contract No. 10496”) on July 11, 2017; and
WHEREAS, Contract No. 10496 authorizes a fee increase of 2% from the specific
fee rates set forth in Contract No. 10496 , effective as of December 31, 2018; and
WHEREAS, on June 12, 2018, the City Council adopted Resolution No. 11121
(CCS), which incorporated the fees for Contract No. 10496 in effect as of July 1, 2018
into the “Water Neutrality” section of Exhibit L of Resolution No. 11121 (CCS); and
WHEREAS, the City Council now desires to authorize the pass-through of the 2%
increase authorized by Contract No. 10496 , effective December 31, 2018, by replacing
the fees in the “Water Neutrality” section of Exhibit L attached to Resolution No. 11121
(CCS) with the “Water Neutrality” fees attached to this Resolution;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. The administrative fees authorized by Santa Monica Municipal
Code Section 7.16.050(i) are hereby established as set forth in the fee schedule
attached hereto, effective February 18, 2019.
SECTION 2. The in-lieu fees authorized by Santa Monica Municipal Code
Section 7.16.050(j) are hereby established as set forth in the fee schedule attached
hereto, effective February 18, 2019.
3
SECTION 3. The administrative and in -lieu fees established by this Resolution
shall replace in their entirety the fees in the “Water Neutrality” section of Exhibit L
attached to Resolution No. 11121 (CCS).
SECTION 4. If there are any conflicts between the fees and rates adopted in this
Resolution and any prior adopted resolution or schedule, the fees and rates adopted
through this Resolution shall take precedence.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_________________________
LANE DILG
City Attorney
Adopted and approved this 12th day of February, 2019.
__________________________
T e r r y O ’ D a y , M a y o r P r o T e m
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby
certify that Resolution No. 11160 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 12th day of February, 2019, by the following vote:
AYES: Councilmembers Morena, Himmelrich, McKeown, Winterer, Jara,
Mayor Pro Tem O’Day
NOES: None
ABSENT: Mayor Davis
A T T E S T :
_____________________________________
D e n i s e A n d e r s o n - W a r r e n , C i t y C l e r k
Terence J O’Day Jr (Feb 26, 2019)