SR 06-14-2022 7A
City Council
Report
City Council Meeting: June 14, 2022
Agenda Item: 7.A
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To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources
Subject: Introduction and Adoption of Emergency Ordinance to Amend SMMC
7.16.020 Water Conservation Requirements
Recommended Action
Staff recommends that the City Council:
1. Introduction and adoption of the attached emergency ordinance amending
SMMC 7.16.020 on Water Conservation Requirements; and,
2. Obtain the City Council’s concurrence to implement Phase 2 Outdoor Water
Restriction and limit outdoor watering to two (2) days per week.
Summary
Climate change impacts have resulted in California experiencing higher average
temperatures, heat waves, more frequent devastating wildfires, and prolonged and
historic droughts that have impacted the security of water supplies at the state, regional,
and local levels. On-going drought conditions across the State of California have driven
the Metropolitan Water District of Southern California (MWD) to issue an order at the
end of April 2022 to reduce outdoor watering in State Water Project dependent areas to
one day per week as outdoor watering accounts for nearly 70 percent of the water use
in Southern California. While Santa Monica is not in the State Water Project dependent
service area of the MWD and, therefore, not impacted by the order, the need for greater
flexibility to conserve water and preserve our water supply long-term is clear. An
emergency ordinance to amend Santa Monica Municipal Code (SMMC) Section
7.16.020 – Water Conservation Requirements is needed to immediately provide
flexibility in adjusting water conservation requirements for the upcoming summer
months to maintain a reliable and sustainable water supply for the community and to
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align water conservation efforts with the region or state, as necessary. Staff is
recommending implementing Phase 2 Outdoor Water Restrictions and limiting outdoor
watering to two (2) days per week to align with neighboring water agencies’
conservation efforts.
Discussion
Water conservation and water use efficiency is a key component in the City’s 2018
Sustainable Water Master Plan Update to reduce the City’s reliance on imported water
supplies and to provide a sustainable, drought resilient local water supply. With
worsening and persistent drought conditions impacting the security of both local and
State-wide water supplies, having the flexibility to adjust outdoor watering restrictions to
align with regional or statewide goals is necessary to maintain critical supplies for health
and safety purposes (e.g., human consumption). The City is in compliance with the
Governor’s Executive Order requiring all urban water suppliers to declare Stage 2 Water
Shortage conditions and implement water conservation efforts as outlined in each urban
water supplier’s Water Shortage Contingency Plan. The City has remained in a Stage 2
Water Shortage since the last drought and maintained a 20% water demand reduction
from the 2013 baseline. The City’s Stage 2 Water Shortage response includes rebates
to increase water use efficiency (e.g., landscape rebates and turf replacement),
providing free low flow shower heads and fixtures, public outreach messages to
conserve water, implement water use allowances for each customer as indicated on
their utility bill, and restrict/prohibit water waste such as runoff from landscape irrigation.
Staff is proposing the emergency ordinance to amend SMMC 7.16.020 (a) Landscape
(1) Watering Hours:
1. Add language to provide the City with flexibility to implement more stringent
watering hours, as approved by the City Manager or designee, to align with
regional or state-wide water use restrictions. The proposed addition to outdoor
watering restrictions include:
a. Phase 1 – Outdoor watering limited to 3 days per week
b. Phase 2 – Outdoor watering limited to 2 days per week
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c. Phase 3 – Outdoor watering limited to 1 day per week
d. Phase 4 – No outdoor watering allowed
2. Update water hours to prohibit outdoor watering between the hours of 9 a.m. and
5 p.m. from the current time period of 10 a.m. and 4 p.m.
3. Details on permitted outdoor watering duration on designated watering days.
Please refer to Attachment C for redline version of SMMC 7.16.020.
The proposed outdoor watering restrictions would reduce the City’s total water demand
between 5 and 13 percent or roughly 300 to 750 acre-feet of water over a 6 month
period depending on the phase implemented.
Public Outreach
Staff began public outreach efforts on water use efficiency and water conservation to
the public via social media, mailers, newsletters, and other publications in April and will
increase outreach efforts this summer. The City’s water conservation unit continues to
provide free water use efficiency consultations to our customers. Public outreach efforts
specific to the proposed outdoor watering restrictions, when implemented, will include
social media, publication in local newspapers, mailers, bill notifications, and staff
attendance at neighborhood associations to explain the conservation measures.
Past Council Actions
Meeting Date Description
1/27/2015
(Attachment A)
Adoption of an Ordinance modifying SMMC 7.16 to enhance
water conservation regulations
11/27/2018
(Attachment B)
Sustainable Water Master Plan Update and Pathway to
Water Self-Sufficiency
Financial Impacts and Budget Actions
The proposed outdoor water restrictions, when implemented to reduce water demand,
would have a net negative impact of 3 to 8 percent reduction on the Water and
Wastewater Enterprise fund’s revenues. The projected shortfall of roughly $500,000 to
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$1.4 million over a 6-month period, depending on the outdoor watering phase
implemented, would be offset by reducing operating costs (e.g., delayed maintenance of
assets), capital project expenditures, and/or using the water enterprise fund’s rate
stability reserve. There is no immediate budget action necessary as a result of the
recommended action. If water restrictions impact water revenues beyond what can be
offset by the above measures, staff will return to City Council with potential options to
ensure the stability of the City’s water and wastewater utility services.
Prepared By: Thomas Poon, Senior Administrative Analyst
Approved
Forwarded to Council
Attachments:
A. Adoption of Ordinance for SMMC 7.16 to enhance water conservation
regulations (Web Link)
B. 2018 Sustainable Water Master Plan Update (Web Link)
C. SMMC 7.16.020_Water Conservation Regulations_Ordinance_First Reading
D. Written Comments
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City Council Meeting June 14, 2022 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA MODIFYING SECTION 7.16.020 OF THE SANTA MONICA MUNICIPAL
CODE TO UPDATE WATER CONSERVATION REQUIREMENTS
WHEREAS, the State of California has experienced higher average temperatures, more
intense heat waves, devastating wildfires, and historic droughts due to climate change impacts;
and
WHEREAS, persistent and worsening drought conditions has affected the availability
and reliability of regional and local water supplies; and
WHEREAS, the State of California and regional water suppliers are implementing water
shortage contingency plan actions and major water restrictions, such as the Metropolitan Water
District of Southern California and the Los Angeles Department of Water and Power, to
preserve limited water supplies for health and safety purposes; and
WHEREAS, on August 14, 2014, the City declared a Stage 2 Water Shortage, as
outlined in the City’s Water Shortage Contingency Plan; and
WHEREAS, since the declaration of a State 2 Water Shortage, the City continues to
maintain the water conservation actions for a Stage 2 Water Shortage as recently adopted by
City Council on April 26, 2022; and
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Packet Pg. 1889 Attachment: SMMC 7.16.020_Water Conservation Regulations_Ordinance_First Reading [Revision 11] (5122 : Emergency Ordinance - Water
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WHEREAS, the City’s Water Resources Division seeks to amend the Santa Monica
Municipal Code Section 7.16.020 to provide flexibility to implement more stringent water
conservation and water use efficiency efforts to align with regional and/or state-wide water
conservation efforts to ensure a reliable and sustainable water supply is maintained during on-
going and persistent drought conditions; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 7.16.020 is hereby amended to read as
follows:
7.16.020 Water conservation requirements.
(a) Landscape.
(1) Watering Hours. No lawn or landscape area shall be spray irrigated between the
hours of nine ten a.m. and five four p.m. on any day. This subsection shall not
apply to any drip irrigation system approved by the City Manager or designee or
unless the City Manager 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 recycled water is
utilized as permitted by law.
(2) Irrigation Overspray 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.
(3) Limitations on Sprinkler Use. All irrigating of landscape with potable water
using spray head sprinklers and bubblers shall be limited to no more than
ten (10) minutes per watering day per station. All irrigating of landscape
with potable water using standard rotors and multi-stream rotary heads
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Packet Pg. 1890 Attachment: SMMC 7.16.020_Water Conservation Regulations_Ordinance_First Reading [Revision 11] (5122 : Emergency Ordinance - Water
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shall be limited to no more than fifteen (15) minutes per cycle and up to two
(2) cycles per watering day per station.
(4) Outdoor Watering Restrictions. The Department of Public Works – Water
Resources Division shall monitor and evaluate the projected supply and
demand for water and shall recommend to the City Manager or designee
the extent of the conservation required for the Department of Public Works
- Water Resources Division to prudently plan for and supply water to its
customers. The City Manager or designee shall notify the City Council of
the recommendation as to the particular phase of water conservation, as
more specifically set forth, below, that should be implemented. Thereafter,
the City Manager may, with the concurrence of the Council, order that the
appropriate phase of water conservation be implemented in accordance
with the applicable provisions of this Section. Said order shall be published
one time only in a daily newspaper of general circulation and shall become
effective fourteen (14) days from such publication. The provisions for
Phase I through III Outdoor Water Restrictions do not apply to drip
irrigation supplying water to a food source or to a hand-held hose watering
of vegetation or tree, if the hose is equipped with a positive quick release
shutoff valve or nozzle, which is allowed every day except between the
hours of nine a.m. and five p.m.
A. Phase I Outdoor Watering Restrictions. Outdoor watering limited to
3 days per week. Under Phase I outdoor water restriction, addresses
that end with an odd number will be allowed outdoor watering on
Monday-Wednesday-Friday and addresses that end with an even
number will be allowed outdoor watering on Tuesday-Thursday-
Saturday.
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Packet Pg. 1891 Attachment: SMMC 7.16.020_Water Conservation Regulations_Ordinance_First Reading [Revision 11] (5122 : Emergency Ordinance - Water
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B. Phase II Outdoor Watering Restrictions. Outdoor watering limited to
2 days per week. Under Phase II outdoor water restriction,
addresses that end with an odd number will be allowed outdoor
watering on Monday-Wednesday and addresses that end with an
even number will be allowed outdoor watering on Tuesday-
Thursday.
C. Phase III Outdoor Watering Restrictions. Outdoor watering limited to
1 day per week. Under Phase III outdoor water restriction, addresses
that end with an odd number will be allowed outdoor watering on
Monday and addresses that end with an even number will be
allowed outdoor watering on Tuesday.
D. Phase IV Outdoor Watering Restrictions. No outdoor watering will
be allowed unless exceptions, if any, are approved in writing by the
City Manager or designee.
E. Penalties. Any failure to comply with a Phase I through IV outdoor
watering restriction shall be subject to the penalties outlined in
Section 7.16.070.
F. Hardship Waiver. If, due to unique circumstances, a Phase I through
Phase IV outdoor watering restriction would result in undue
hardship to a person using water, or to property upon which water is
used, that is disproportionate to the impacts to water users
generally or to similar property or classes of water users, then the
person may apply for a waiver to the requirements as provided in
this Section. The waiver may be granted or conditionally granted
only upon a written finding of the existence of facts demonstrating
an undue hardship to a person using water, or to property upon
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Packet Pg. 1892 Attachment: SMMC 7.16.020_Water Conservation Regulations_Ordinance_First Reading [Revision 11] (5122 : Emergency Ordinance - Water
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which water is used, that is disproportionate to the impacts to water
users generally or to similar property or classes of water use due to
specific and unique circumstances of the user or the user's
property.
G. Waiver Form. Application for a waiver must be on a form prescribed
by the City Manager or designee.
H. Supporting documentation. The application must be accompanied
by photographs, maps, drawings, and other information, including a
written statement of the applicant.
I. Required findings for Waiver. An application for a waiver will be
denied unless the City Manager or designee, finds, based on the
information provided in the application, supporting documents, or
such additional information as may be requested, and on water use
information for the property, as shown by the records of the City or
its agent, all of the following:
i. That the waiver does not constitute a grant of special privilege
inconsistent with the limitations upon other residents and
businesses;
ii. That because of special circumstances applicable to the property
or its use, the strict application of this Section would have a
disproportionate impact on the property or use that exceeds the
impacts to residents and businesses generally;
iii. That the authorizing of such waiver will not be of substantial
detriment to adjacent properties, and will not materially affect the
ability of the City to effectuate the purposes of this Section, and
will not be detrimental to the public interest; and
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iv. That the condition or situation of the subject property or the
intended use of the property for which the waiver is sought is not
common, recurrent or general in nature.
(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 potable water source. Exception: pressure washing may
be permitted in writing by the City Manager or designee, 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 designee equal to the first year water consumption of the water feature as
determined by the City Manager or designee.
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(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 designee equal to the first year water consumption of the water
recreation facility, as determined by the City Manager or designee.
(d) Waste, Ponding and Leaks. No person shall:
(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 designee, consistent with the
policies of this Chapter.
(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 or designee, consistent with the policies of this Chapter.
(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, café, cafeteria, bar or
club, whether public or private, shall only provide drinking water to any person upon
receipt of an express request.
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(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. 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 3. 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.
SECTION 4. 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 immediately upon
adoption.
APPROVED AS TO FORM:
_________________________
DOUGLAS SLOAN
City Attorney
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Packet Pg. 1896 Attachment: SMMC 7.16.020_Water Conservation Regulations_Ordinance_First Reading [Revision 11] (5122 : Emergency Ordinance - Water
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Vernice Hankins
From:Peter DiChellis <pdichellis@yahoo.com>
Sent:Monday, June 13, 2022 3:38 PM
To:councilmtgitems
Subject:Agenda Item 7a
EXTERNAL
After hundreds of millions invested for water self‐sufficiency, including via stiff residential rate hikes, now we should
mimic the cutbacks of communities around us that did not make the investments?
What an embarrassment. Let’s make sure the scheduled future rate hikes are rescinded until a more effective strategy is
realized, as this recommendation represents a clear vote of ‘no confidence’ in the current strategy and investments.
Sincerely,
Peter DiChellis
Santa Monica 90403
Item 7.A 06/14/22
1 of 1 Item 7.A 06/14/22
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Packet Pg. 1897 Attachment: Written Comments (5122 : Emergency Ordinance - Water Conservation Update)