ITEM 8-A
City Council Meeting 3-24-92 Santa Monica, California
STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Ordinance Amending Chapter 2A of Article VII
of the Santa Monica Municipal Code Relating to
Water Conservation Measures and Declaring the
Presence of an Emergency
At its meetings of March 3 and 17, 1992, the City Council
directed the City Attorney to amend the Water Conservation
Ordinance of the City of Santa Monica. The accompanying
ordinance has been amended in accordance with this directive and
is presented to the City Council for adoption as an emergency
ordinance.
The principal changes reflected in the ordinance are as
follows:
Sections 7241(c)(4) and 7241(c)(5) which deal with
decorative fountains, ponds, lakes, water displays, hot tubs,
spas and permanent swimming or wading pools, have been amended so
as to permit these uses of water, if a fee is paid that is equal
to twice the estimated first year water demand of the activity.
In addition, all hot tubs, spas, and permanent swimming or wading
pools must be constructed or equipped with covers so as to reduce
water loss due to evaporation. All fountains, ponds, lakes and
water displays must be constructed with water recycling systems.
Further, Section 7247, which deals with a variance
procedure from the water consumption limits imposed by the
ordinance, has been amended to state that no water user can
obtain a variance for the filling of any fountain, pond, lake,
water display, hot tub, spa, or permanent swimming pool or wading
pool unless the filling occurs as the result of performing
necessary leak repairs and the other general variance
requirements of the ordinance are satisfied. The provision of
the ordinance requiring fountains, ponds, lakes, and displays to
use only reclaimed water has been deleted.
Lastly, Section 7242 of the ordinance has been amended to
specify that water users can use no more than 90% of the amount
of water used during the same billing period in 1990. The
ordinance currently sets the conservation limit at 80% of 1990
usage.
RECOMMENDATION
It is respectfully recommended that the accompanying
emergency ordinance be adopted.
PREPARED BY: Robert M. Myers, City Attorney
Joseph Lawrence, Assistant City Attorney
ORDINANCE NUMBER ____
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING CHAPTER 2A OF ARTICLE VII
OF THE SANTA MONICA MUNICIPAL CODE RELATING TO
WATER CONSERVATION MEASURES AND DECLARING THE
PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 2A of Article VII of the Santa Monica
Municipal Code is amended to read as follows:
CHAPTER 2A - WATER CONSERVATION
SECTION 7240. Findings. The City
Council finds and declares:
(a) 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 much of Southern
California.
(b) An active water conservation
program within the City of Santa Monica is
essential to preserve water resources and to
reduce the risk and severity of water
shortages when drought occurs.
(c) An emergency has been caused by
the drought conditions within the State of
California and within the City of Santa
Monica, and there is a threatened water
shortage within the City of Santa Monica.
The enactment of a water reduction plan as
an emergency measure is necessary in order
to preserve the public peace, health, and
safety.
(d) An emergency water conservation
plan is necessary to minimize the effect of
the shortage of water within the City of
Santa Monica. Such a plan will
significantly reduce the consumption of
water, thereby preserving available water
for the future requirements of the City,
while minimizing the hardship caused to the
general public to the greatest extent
possible.
SECTION 7241. Water Conservation
Requirements. The following water
conservation requirements shall apply to all
persons within the City of Santa Monica:
(a) Watering Days. No lawn or
landscape area shall be watered more
frequently than twice during any seven (7)
day period unless reclaimed water is
utilized as permitted by law.
(b) Watering Hours. No lawn or
landscape area shall be watered between the
hours of 10:00 a.m. and 4:00 p.m. on any
day. This subsection shall not apply to any
drip irrigation system approved by the
Director of General Services or if the
Director of General Services approves in
writing an exemption for irrigation system
maintenance, leak repair, or new planting of
low water usage plants or if reclaimed water
is utilized as permitted by law.
(c) Anti-Waste Measures. No person
shall:
(1) Wash, clean, or clear with
water walkways, patios, driveways, alleys,
or parking areas, whether paved or unpaved
except by use of a hand held bucket or
similar container or by use of a cleaning
machine equipped to recycle any water used.
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 shut-off valve or nozzle. This
subsection shall not apply to any commercial
car washing facility which utilizes a
recycling system to capture or reuse water.
(3) Excessively water any lawn
or landscape area and water shall not be
permitted to run off lawns or landscape
areas onto any gutters, streets, or alleys.
(4) Clean, fill, or maintain
water levels in decorative fountains, ponds,
lakes, or displays unless:
(a) Prior to the
issuance of a building permit a fee is paid
to the Director of General Services that is
equal to twice the estimated first year
water demand of the fountain, pond, lake or
display, as determined by the Director of
General Services; and
(b) The fountain, pond,
lake or display is constructed with a water
recycling system.
(5) Fill any hot tub, spa or
permanent swimming or wading pool with water
unless:
(a) Prior to the
issuance of a building permit a fee is paid
to the Director of General Services that is
equal to twice the estimated first year
water demand of the hot tub, spa, permanent
swimming or wading pool, as determined by
the Director of General Services; and
(b) The hot tub, spa,
permanent swimming or wading pool is
constructed, installed or equipped with a
cover to reduce water loss due to
evaporation.
(6) Cause, permit or allow
water to leak from any exterior or interior
pipe, hose, or plumbing fixture of any kind
whatsoever.
(d) 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.
(e) 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 7242. Water Consumption
Limits.
(a) Effective April 1, 1992, no
customer of water supplied by the City of
Santa Monica shall use water or permit water
to be used in an amount greater than ninety
percent (90%) of the amount used by the
customer during the same billing period in
1990.
(b) The water consumption limits
established in subsection (a) shall not be
applicable to:
(1) any single family residence
where water consumption usage is at or below
eighteen (18) billing units;
(2) any multi-family residence
where water consumption usage is at or below
eleven (11) billing units per dwelling unit;
or
(3) any non-residential
consumer of water whose water consumption
usage is at or below eleven (11) billing
units.
(c) If no 1990 water consumption
data is available for a City water
customer's service address, the customer
shall be provided a water consumption limit
by the Director of General Services or his
or her designee, who shall use 1990 water
consumption rates of similar users,
properties or businesses to calculate the
customer's current consumption limits.
(d) The City Council by Resolution
is authorized to require further reductions
in the use of water than provided for in
this section, if such reductions are
necessary in order for the City to comply
with water use restrictions imposed by
federal, state or regional water agencies.
SECTION 7243. Excess Water
Consumption Surcharge and Flow Restriction.
Every customer of City supplied water who
uses water or permits water to be used in
excess of the amounts established in Section
7242 shall be charged a surcharge for any
excess water used as follows:
(a) For the first occurrence of
excess water used, four dollars ($4.00) per
billing unit of excess water used.
(b) For the second occurrence of
excess water used, eight dollars ($8.00) per
billing unit of excess water used.
(c) For the third occurrence,
sixteen dollars ($16.00) per billing unit of
excess water used.
(d) For the fourth or more
occurrence, thirty two Dollars ($32.00) per
billing unit of excess water used.
Furthermore, if a customer has more than
three billing periods of excess water
consumption usage, the Director of General
Services may restrict the flow of water to
the customer in addition to charging the
customer for excess water usage as provided
for in this subsection. In addition, the
Director of General Services may require the
customer to install appropriate low water
using devices, appliances or plumbing
fixtures as may be required to bring water
consumption within the limits established by
Section 7242. If the customer continues to
fail to comply with the provisions of
Section 7242, the Director of General
Services may commence water disconnection
procedures.
SECTION 7244. Water Consumption
Limits and Fees for New Development.
Effective April 1, 1991, 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
substantial remodel as defined in Santa
Monica Municipal Code Section 9000.3 and
will not increase by more than fifty percent
(50%) the square footage of the principal
building; or
(c) The development involves a
multi-family residence and is not a
substantial remodel as defined in Santa
Monica Municipal Code Section 9000.3 and
will not increase the number of dwelling
units on the property; or
(d) The person pays in advance a
fee to the Director of General Services
sufficient to mitigate twice the estimated
daily water consumption rate projected for
the development, 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 7245. Appeals.
(a) Any customer assessed a
surcharge or other penalty pursuant to this
Chapter may claim that the surcharge was not
properly assessed in accordance with the
provisions of this Chapter by requesting a
hearing within the time and manner set forth
in Municipal Code Section 6072, provided
that no hearing request shall be deemed
timely filed and no hearing shall be held
unless, within the time period to request a
hearing, the customer deposits with the City
money in the amount of any unpaid bill, less
the disputed surcharge amount, due under
this Chapter. If as a result of the hearing
it is determined that the surcharge was
properly assessed, the customer shall pay
any applicable surcharge. The decision of
the Hearing Examiner shall be final except
for judicial review and shall not be
appealable to the City Council.
(b) It shall not be a defense to
the assessment of any surcharge or to any
other civil enforcement action provided for
under this Section for a customer to assert
that any violation of this Chapter was
caused by the actions of a person other than
the customer except if the violation was
caused by the criminal or negligent action
of a person who was not an agent, employee,
or family member of the customer.
(c) Any surcharge provided for
hereunder shall be added to subsequent water
billings until paid and when collected by
the Water Division shall be deposited in the
Water Operating Fund.
SECTION 7246. Penalties and
Remedies.
(a) The violation of this Chapter
shall constitute an infraction punishable by
a fine not to exceed One Hundred Dollars
($100.00). Each day that a violation occurs
shall constitute a separate offense.
(b) In addition to any other
surcharge or penalty as may be provided for
in this Chapter, any customer who fails to
comply with any provision of Section 7241
may be assessed a surcharge of Twenty
Dollars ($20.00) or twenty percent (20%) of
the customer's total water bill for the most
recent billing period, whichever is greater.
(c) Pursuant to Penal Code Section
836.5, the Conservation Coordinator or Water
Conservation Inspector may arrest without a
warrant any person whenever the Coordinator
or Inspector has reasonable cause to believe
that the person to be arrested has committed
an infraction in his or her presence which
is a violation of this Chapter. In any case
in which a person is arrested pursuant to
this Section, and the person arrested does
not demand to be taken before a magistrate,
the Conservation Coordinator or Water
Conservation Inspector shall prepare a
written notice to appear and shall release
the arrested person or his or her promise to
appear as provided for in Section 3606 of
this Code.
(d) Willful Misrepresentation. It
shall constitute a misdemeanor punishable by
a fine not to exceed Five Hundred Dollars
($500.00) or by imprisonment for a period
not to exceed six (6) months or both, 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.
(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 action.
(f) The penalties and remedies
established by the Chapter shall be
cumulative.
SECTION 7247. Relief from
Compliance. The Director of General
Services or his or her designated
representatives may, in writing, grant
variances to persons who apply on forms
supplied by the City for:
(a) Usages of water prohibited by
Section 7241 if it is found that a variance
is necessary to prevent an emergency
condition relating to health and safety, and
if the person seeking a variance has
demonstrated that he or she has implemented
water conservation measures in some other
manner that achieves the objectives of this
Chapter. No variance may be granted for the
filling of any fountain, pond, lake,
display, hot tub, spa, or permanent swimming
or wading pool, unless the filling occurs as
the result of performing necessary leak
repairs and unless the other provisions of
this Section are met.
(b) Usages of water in excess of
the limits established by section 7242 if it
is determined that the excess demand for
water is caused by facts such as, but not
limited to, illness, a change in use of the
affected property, an increase in the size
of a household, previous implementation of
all feasible water conservation measures,
changes in vacancy, increase in employment,
plant size or production output or that
there exists no feasible means available to
comply with the limits established by
Section 7242.
(c) Any customer who has been
assessed a surcharge pursuant to Section
7243 may request a variance pursuant to
subsection (b) but must first pay in full
the amount of any unpaid bill, less the
disputed surcharge amount, prior to filing a
variance application. The request for a
variance must be filed within the time
period established by Santa Monica Municipal
Code Section 6072. If the variance
application is denied in whole or in part
the customer shall be assessed the
applicable surcharge.
(d) No variance shall be granted to
any customer unless the customer has
demonstrated that he or she has already
achieved the maximum practical reduction in
water consumption as can be achieved by the
affected property or business. Any variance
granted shall be based upon the water
consumption rates of similar water users,
properties or businesses.
(e) Any person denied a variance in
whole or in part may appeal the denial to a
three person variance review board
established by the City Manager. Any such
appeal shall be made in writing within ten
(10) days of the denial on a form supplied
by the City and shall be accompanied by the
payment of any applicable fee. The variance
review board may approve, modify or deny any
variance request and may uphold, modify, or
nullify any surcharge. The decision of the
variance review board shall be final except
for judicial review and shall not be
appealable to the City Council. The
variance appeal board shall establish
procedures for the processing and
consideration of appeals.
SECTION 7248. City of Santa Monica
Voluntary Water Conservation Plan. In
addition to the water conservation
requirements of Sections 7241 and 7242, the
City Manager or his or her designate is
authorized to develop and promulgate a
voluntary water conservation plan which
shall be directed to achieve a greater
reduction in water consumption within the
City of Santa Monica.
SECTION 7249. Duration of
Ordinance. This Chapter shall remain in
effect until the City Council declares by
resolution that the emergency caused by the
drought conditions have ended. The
provisions of this Chapter can be reimposed
upon a finding by resolution of the City
Council that emergency drought conditions
have reoccurred.
SECTION 7250. Fees. The City
Council may, by resolution, establish fees
for the filing, processing, or approval of
any application, permit or variance provided
for under this Chapter.
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, are hereby repealed or modified to that extent necessary
to affect 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 any 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 after 30 days from its adoption.
SECTION 5. This Ordinance is declared to be an emergency
measure adopted pursuant to the provisions of City Charter
Section 615 and is necessary for preserving the public peace,
health, and safety. In addition to the findings of an emergency
set forth in Section 1, the City Council finds that the water
conservation measures contained in the amendment to this Chapter
will achieve continued significant reductions in water usage,
while maintaining consistency between water regulations of the
City, neighboring communities and state and regional water
suppliers and districts. Continued conservation measures are
necessary since the recent drought has severely depleted the
City's and Southern California's water resources and at this
time, it cannot be determined whether the severe drought
conditions of the last five years have completely ended.
However, the increase in rainfall during the 1991-92 rain season
enables the City to alter and ease some of the previously enacted
water conservation requirements. Pursuant to City Charter
Section 619(d), this Ordinance shall take effect and be in full
force and effect immediately after the passage and adoption
thereof.
APPROVED AS TO FORM:
______________________________
ROBERT M. MYERS
City Attorney