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O1385 e e CA:RMM:water3/hpca city council Meeting 9-9-86 Santa Monica, California ORDINANCE NUMBER 1385(CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 2 OF ARTICLE VII OF THE SANTA MONICA MUNICIPAL CODE RELATING TO THE WATER DIVISION THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 720l of the Santa Monica Municipal Code is amended to read as follows: SECTION 7201. service to ci ty Departments and Divisions. (a) General. Water furnished to municipal parks, cemeteries, public buildings, public property, et cetera, shall be measured by meters and a charge shall be made against the proper department or division of the City at the rates adopted pursuant to Section 7200 herein. Charges made for installation of new services and meters and for changes in - 1 - _ e location or size shall be made as specified in section 72ll. (b) Unmetered Service. For water furnished to the City through fire hydrants or other facilities, where in the opinion of the utilities Manager it is not practical to meter, then the utilities Manager shall estimate the quantity served and the charge shall be made against the proper department or division in accordance with the rates adopted pursuant to section 7200 herein. SECTION 2. section 7203 of the Santa Monica Municipal Code is amended to read as follows: SECTION 7203. Temporary Water service. (a) From Fire Hydrants. Metered service from fire hydrants may be provided for limited periods upon proper application therefor, subj ect to the approval of the utili ties Manager and to all permit requirements of Article VII of the Code. Appl icants shall be required to pay for such service the actual cost of installing, maintaining and removing the meter and appurtenant piping; the actual cost of - 2 - e e making any changes in location; the regular established bi-monthly service charge for the installed meter; and water used at the highest unit rate established pursuant to section 7200 herein; and overhead costs as determined by the Finance Director. Prior to installation of the temporary meter and service, the utilities Manager shall estimate the total charge and the applicant shall advance to the city said estimated charge. After the need for the temporary service has ceased and the meter removed, the actual charge shall be determined by the utilities Manager. The city shall refund to the applicant any portion of the amount deposited which is in excess of the actual charge. In the event the estimated charge deposited by the applicant is less than the actual charge, the applicant shall pay to the City the difference between the estimated charge and the actual charge. All flow of water from the fire hydrant shall be controlled by means of the approved auxiliary valve, unless otherwise specifically authorized by the Utilities Manager. When such authorization has been - 3 - e e granted, the hydrant shall only be operated with an approved spanner wrench. Any person using a fire hydrant without authorization shall pay to the City a Fifty Dollar ($50.00) charge or double the regular charge, whichever is greater. (b) Other. Whenever it is not possible or practical to provide temporary metered service from a fire hydrant, a temporary metered connection may be made to any existing water facility at the discretion of the Utilities Manager. The conditions of service, application procedures and charges shall be determined by the utilities Manager. (c) unmetered. For temporary service, where in the opinion of the utilities Manager , it is not practical to meter, then the utilities Manager shall estimate by any feasible method the quantity of water served and shall determine a fair and equitable charge therefore. For all unmetered service, however, the minimum charge shall be $5.00 per day of operation. - 4 - e e SECTION 3. Section 7206 of the Santa Monica Municipal Code is amended to read as follows: SECTION 7206. Water construction and Connection Fee. (a) The owner or developer of a building in the City shall pay a water construction and connection fee to the city. This fee shall be paid to the Department of General Services before the issuance of the next permit or certificate required in the course of development or occupancy of the building. This fee shall be payable regardless of whether or not an actual connection to the water system has been made. No City permit or certificate of occupancy shall be issued in connection with a building until the Department of General Services certifies payment of the fees prescribed in this section. (b) The fee shall be established and from time to time amended or revised by Resolution of the city Council. (c) This fee shall be supplementary to all other fees and charges required by this Chapter. - 5 - e e (d) Specific improvements necessary to adequately supply water services to a building may be required by the Utilities Manager in lieu of this fee. (e) Although fire service installations are not subject to this fee, specific off-site improvements may be required by the utilities Manager to provide the necessary fire service water flow capacity to the building. SECTION 4. Section 7207 of the Santa Monica Municipal Code is amended to read as follows: SECTION 7207. Calculation of Charges for Water. For the purpose of calculating the proper charge to be made for water supplied by the City no notice shall be taken of quantities of water so furnished in less than quantities of 100 cubic feet. SECTION 5. Section 7208 of the Santa Monica Municipal Code is amended to read as follows: SECTION 7208. Meter Reading, Billing and Collection. Water meters shall be read approximately every sixty-one (61) days subject to - 6 - e e fluctuations due to holidays and weekends. special meter readings may be taken because of change of customer, changes of meter size, or at other times as determined necessary by the utilities Manager. In the event a meter cannot be read or in the event a meter has not registered or has registered incorrectly, the utilities Manager shall estimate the quantity of water used on the basis of average consumption at the property or similar property during a like period of time. Water statements shall be due and payable upon presentation and shall become delinquent if not paid before the twentieth (25th) day after mailing. If any customer is delinquent in the paYment of his statement, the utilities Manager may discontinue all water service to the premises concerned. The Water Division may charge a fee for each trip made to the customer's property for the purpose of COllecting a delinquent bill or discontinuing service. Water service may not be continued unless all delinquent charges and this fee are - 7 - e e paid and all required deposits are posted. In the event water service is discontinued due to non-payment, then an additional fee may be charged for resuming service. The Water Division may charge a service fee for any check which is returned to the Water Division as unpayable for any reason. Water service may not be resumed until all delinquent charges and applicable fees have been paid and all required deposits have been posted. The amount of the fees described this Section shall be set from time to time by Resolution of the City Council. SECTION 6. Section 7209 of the Santa Monica Municipal Code is amended to read as follows: SECTION 7209. Application For Water service. Each person desiring water service of any type shall make written application therefore in a form and manner prescribed by the utilities Manager. The application shall contain the name and address of the applicant, the address or description of the property to be served, - 8 - e e and an agreement on the part of the applicant to pay all applicable charges in the time and manner prescribed by code, and to abide by all provisions of the code. The applicant may also be required to furnish name of employer, spouse's name and spouse's employer, if deemed adivsable by the utilities Manager. SECTION 7. Section 7210 of the Santa Monica Municipal Code is amended to read as follows: SECTION 7210. Deposit Guaranteeinq Payment. Each appl icant for service who has not had an account for service in Santa Monica for a period of at least 6 consecutive billing periods, part of which has been within the preceding l2 months, or whose payment record at another address has been unsatisfactory in the judgment of the utilities Manager shall be required to place a deposit with the City to guarantee the payment of all water services and refuse collection charges. A deposit shall also be required of any customer who allows his payment record to become unsatisfactory during the period in which water or refuse service is received from the city. The amount of this deposit - 9 - e e shall be determined by the utilities Manager and shall be approximately equal to an estimated three months billing for water and refuse charges, provided, however, that the minimum deposit shall be Fifty Dollars ($50.00). Public agencies shall not be required to place deposits. Should any required deposit exceed two hundred and fifty dollars, a corporate surety bond in a form satisfactory to the \ City may be deposited in lieu of cash. After the deposit has been held for 6 consecutive billing periods following July 1, 1986, during which time the customer f S record has been satisfactory I said deposit shall be refunded or credited to the customerfs account either upon request by the customer or when initiated by the City. If the deposit is credited to the Customer's Account, interest at a rate of one percent (1%) less than the average interest received by the City on invested funds for the preceeding year determined quarterly shall be also credited to the customer's account. - 10 - e e Deposits refunded to the customer shall be without interest. Upon the discontinuance of any service the deposit may be appl ied to any outstanding water or refuse bills in the customer I s name, and any balance of deposit then remaining in the hands of the City shall be returned to the person by whom such deposit was made, without interest. SECTION 8. section 7211 of the Santa Monica Municipal Code is amended to read as follows: SECTION 7211. Service Connections and Meters. (a) New Services and Meters. Each person desiring the installation of a new service and meter shall make application therefor in the form and manner perscribed by the utilities Manager. The size of the service and meter shall be subject to approval by the City. If a water distribution main is available adjacent to the property, the Water Division shall install a service and meter at any reasonable location selected by the applicant. If a water distribution main - II - e e is not available adjacent to the property, then the Water Division may either require the installation of a water main at the applicant's expense or may install a service and meter adjacent to the nearest available main, in which case it shall be the responsibility of the applicant to install necessary service lines to the property. The charges for installing each new service and meter, which amount shall be paid in advance, shall be as set from time to time by Resolution of the City Council. Whenever the installation of a service and meter is determined by the utilities Manager to require special materials, labor or equipment or where services and meters larger than two (2" ) are required, the charge shall be the actual cost thereof plus overhead costs as determined by the Finance Director. Prior to commencing such work, the utilities Manager shall estimate the charge and the applicant shall advance to the city said estimated charge. Upon completion of the work, the actual charge shall be determined by the utilities - l2 - e e Manager. The City shall refund to the applicant any portion of the amount deposited which is in excess of the actual charge. In the event that the estimated charge deposited by the applicant is less than the actual charge, the applicant shall pay to the city the difference between the estimated charge and the actual charge. (b) Changes In Location And/or size. When a change in location of an existing service and meter is requested by a property owner, or when a change in location is required by the City because of some act or omission of a property owner or customer, the charge, payable in advance, shall be the regular service fee for that size service. When a decrease in size of an existing meter at the same location is requested by a property owner, the smaller meter shall be installed, provided that the requested meter is determined by the city to be of adequate size. The property owner shall pay the cost of installation including labor and materials plus - 13 - - e overhead costs as determined by the Finance Director. When a decrease in size of an existing meter at a different location is requested by a property owner, or when an increase in size of an existing meter at the same or a different location is requested or is required by the City, the charge, payable in advance, shall be the total service and meter fee for the new size, less the meter fee for the old meter, provided, however, that no more than one old meter fee credi t shall be allowed toward the cost of any new service and meter, and that no old meter fee credit shall exceed the total service and meter fee for the new size. Whenever a change in location and/or size is determined by the utilities Manager to require special materials labor or equipment, or where services and meters larger than two inches (2") are involved, the charge shall be the actual cost thereof plus overhead costs as determined by the Finance Director. prior to commencing such work, the utilities Manager shall estimate the charge and the - l4 - - It applicant shall advance to the City said estimated charge. Upon completion of the work, the actual charge shall be determined by the Utilities Manager. The city shall refund to the applicant any portion of the amount deposited which is in excess of the actual charge. In the event that the estimated charge deposited by the applicant is less than the actual charge, the applicant shall pay to the city the difference between the estimated charge and the actual charge. (c) Ownership Of services And Meters. All services and meters shall be owned by the Water Division. The expense of maintenance repair and renewal due to normal wear and tear shall be borne by the Water Division except that expenses incurred by any act or omission on the part of the customer, or the customer's family, employees, agents, or tenants shall be charged to the customer. All meters will be sealed by the Water Division at the time of installation and no seal should be altered or broken except by one of its authorized employees. - 15 - .-- .. e e All connections to services and meters shall be in a manner prescribed by the Utilities Manager. substandard connections or the installation of any private or non-Water Division materials within meter boxes or vaults shall be corrected or removed within thirty ( 30) days of mailing of notice by registered mail to the owner of record of the water service. Failure to comply may result in discontinued service. (d) Removal Or Abandonment Of services And/Or Meters. The Water Division reserves the right to remove or abandon any service and/or meter for which no person has made application and through which no water has legally passed during the preceding eighteen (18) months. If the meter only is removed and the service left intact, and application is subsequently made for a meter of the same size, then the Water Division shall reset a meter. The charge, payable in advance, shall be the meter fee for that size meter. If the meter is removed and the service abandoned and application is subsequently made for a meter of the same - 16 - -- e or different size, then the charge payable in advance, shall be the total service and meter fee for the requested size. (e) Location of Water Meters. Water meters shall be located in the public right of way. Existing meters not so located shall be relocated at the option of the Water Division which shall bear all costs for such relocations except those associated with the consumer's connection to the relocated meters. SECTION 9. section 7212 of the Santa Monica Municipal Code is amended to read as follows: SECTION 7212. Automatic Fire services. (a) Application and Installation. Each person desiring service from a new or existing automatic fire line shall make application and post a deposit as provided elsewhere in this chapter. Existing buildings required to comply with the requirements for Automatic Fire Extinguishing and Protection Systems established by Ordinance Number l334 ( CCS) , shall be exempt from the fees established in section 7206. The - l7 - e e applicant shall agree that no water shall be used through the fire service except that which is reasonably related to fire protection and shall agree to permit employees of the City upon proper identification to enter the premises to make inspections and tests of the fire system. The Water Division assumes no responsibility for loss or damage because of lack of water or pressure and shall merely furnish such quantities and pressure as are available in its distribution system. The service is subject to shutdown and variations required by the operation of the system. Applicants for new fire service installations, modifications of existing installations, enlargements, or decreases in size, shall be required to pay for such work the actual cost thereof including direct and indirect labor cost, equipment cost, and material cost, plus overhead costs as determined by the Finance Director. prior to commencing such work, the utilities Manager shall estimate the charge and the applicant shall advance to - 18 - e e the city said estimated charge. Upon completion of the work, the actual charge shall be determined by the utilities Manager. The City shall refund to the applicant any portion of the amount paid which is in excess of the actual charge. In the event that the estimated charge paid by the appl icant is less than the actual charge, the applicant shall pay to the ci ty the difference between the estimated charge and the actual charge. All fire service connections, detector check valves, bypass meters and appurtenant facilities shall be the property of the Water Oivision. All connections to automatic fire services shall be in a manner prescribed by the utilities Manager. Substandard connections or the installation of any private within non-Water Division materials the appurtenant fire service facilities shall be corrected or removed within 30 days of mailing of notice by registered mail to the owner of record of the Automatic Fire Service. Failure to comply may result in discontinued service. All new and existing automatic fire - 19 - e e service installation connections must be inspected and approved by the Water Division prior to commencement of service. (b) Charges for service. The standby charge for automatic fire service shall be set from time to time by the Resolution of the City Council. No additional charge shall be made for water used when the opinion of the utili ties Manager such usage is reasonably related to fire protection. (c) Misuse of Fire Service. When in the opinion of the utilities Manager, water is used which is not reasonably related to fire protection, double the established bimonthly charges shall apply until such usage is abated. Should any customer fail to abate the usage of water not related to fire protection wi thin a reasonable period, the Water Division may discontinue the fire service. The customer shall be notified of such discontinuance and the City shall be held free from liability for loss or damage as a result of such shutoff. Services shall not be resumed until the customer has established to the satisfaction of the - 20 - e e utilities Manager that adequate provisions have been made to prevent further unauthorized use of water and has paid all outstanding standby charges, plus a turn on charge as described in Section 7208. In case of fire services which do not have approved detector check valves, the utilities Manager may also require the installation of such a check valve at the customer I S expense prior to resuming service. SECTION lO. Section 7215 of the Santa Monica Municipal Code is amended to read as follows: SECTION 72l5. New Subdivisions. At the time of the laying out and the subdividing or resubdividing of tracts of parcels of land within the City, the owner of the said tracts or parcels of land shall lay, at the expense of said owner in streets or along rights-of-way dedicated to public use, all water mains, sub-mains and laterals necessary to serve water to the said lands and to each and every lot and parcel thereof and the same shall thereupon become the property of the City and dedicated to the pUblic use of the purpose of distributing water. - 2l - e e Before the work of installing such mains, sub-mains and laterals shall be commenced, the said owner proposing to install the same shall submit to the Director of General Services a detailed plan or plans of the work to be done, showing upon a map or maps drawn to a suitable sca~e, the streets or public ways within which said mains, sub-mains and laterals are to be laid. There shall also accompany said map specifications showing the size and grade of pipe and fittings to be used including valves and hydrants. Such plans must be in conformity with this Code and with all the ordinances and rules existing in the City at the time of said contempleted installation, including the current construction standards of the Water Division and none of the actual work of said installation shall be proceeded with until the said map or maps and specifications shall have been officially approved by the Director of General Services. SECTION ll. Section 7216 of the Santa Monica Municipal Code is amended to read as follows: - 22 - e SECTION 72l6. e SAME. The owner of said lands may apply to the Water Divison to have the Water Division furnish the necessary materials and labor to install the pipe lines. Upon payment of a sufficient amount to defray expenses of such lines and the availability of City Water Division forces as determined by the utilities Manager, the Water Division shall proceed with the work of installing said lines, keeping all cost data for labor and materials. Any excess remaining on deposit at the Finance Department, over and above said costs, plus overhead costs as determined by the Finance Director, shall be returned to said owner. In the event that the amount deposited with the utilities Manager is insufficient to meet the cost of said materials and labor, plus overhead costs thereof, the owner shall pay the difference between such costs and the amount previously deposited. SECTION 12. Section 7219 of the Santa Monica Municipal Code is amended to read as follows: SECTION 7219. Inspection Of Work. All work and materials used, incident to - 23 - e e the installation of water distributing pipe within such subdivision, shall be inspected by the Water Division and said Division may reject any work done or any materials used and require new or for other work to be done or other materials used. SECTION 13. Section 7220 of the Santa Monica Municipal Code is amended to read as follows: SECTION 7220. Testing Meters. Any consumer shall have the right to demand that the meter through which water is being furnished be examined and tested by the Water Division for the purpose of ascertaining whether or not it is registering correctly the amount of water which is being delivered through it by the said Water Division to such consumer. Upon said application being made, it shall be the duty of the said Water Division to cause said meter to be examined and tested in the presence of the consumer during normal business hours for the purpose of ascertaining whether or not it is registering correctly the water being delivered through it. - 24 - e e If on such an examination and test the meter shall be found to register over three percent more water than actually passes through it, an adj ustment of the utility bill shall be made by the utilities Manager and there will be no fee for the testing procedure. If the meter reads accurately, the consumer shall pay a Twenty-Five Dollar ($25.00) fee for the testing procedure. If the consumer is not satisfied wi th tests performed by the Water Division, the meter shall be tested by the manufacturer. The consumer must agree to pay all costs of such further tests if the manufacturer's results verify the Water Division results. If the manufacturer IS test results do not verify the Water Division results, the Water Division will bear all costs of said meter testing. SECTION 14. section 7222 of the Santa Monica Municipal Code is amended to read as follows: SECTION 7222. Turning On and usinq Water. No person, other than the authorized agents or employees of the Water Division shall turn on water or - 25 - e e operate the shut-off valve at meters, fire hydrants, or any other Santa Monica Water Facilities without the consent of the Water Division. A fee of Fifty Dollars ($50.00) or actual cost of repair whichever is greater shall be charged to: (a) any customer who causes or allows the meter shut-off valve or appurtenant piping to be damaged by unauthorized operation of the meter: or (b) any person who operates Santa Monica Water facilities or equipment without the express written consent of the utilities Manager. This fee shall be doubled if the repair cannot be completed during normal business hours. Any damage to the meter shut-off valve or appurtenant piping during authorized operation by the Water Division shall be repaired at the expense of the Water Division. SECTION 15. section 7226 of the Santa Monica Municipal Code is amended to read as follows: SECTION 7226. Emergency Shut-Offs. Consumers shall install an appropriate shut-off inside of property lines at a location accessible in case of emergency. If the Water Division is required to shut-off the water for an on-property leak - 26 - e e due to the failure to use, lack of, or inoperability of the emergency shut-offs, then charges as described in Section 7208 of this Chapter shall apply to each trip to the property. SECTION l6. section 7227 of the Santa Monica Municipal Code is amended to read as follows: SECTION 7227. Water Waste. No person shall lawfully or neglectfully waste water in any manner whatsoever. continued wasting of water after mailing of notice by registered mail to the consumer of record at the mailing address of record by the utilities Manager may result in discontinued water service. SECTION l7. Section 723l of the Santa Monica Municipal Code is amended to read as follows: SECTION 7231. Fire Hydrants. Fire hydrants are provided for the sole purpose of extinguishing fires and are to be opened and used only by the Water Division or the Fire Department of the City, or by such persons as may be authorized by the Utili ties Manager in accordance with section 7203 of this Chapter. - 27 - e e SECTION 18. section 7232 of the santa Monica Municipal Code is amended to read as follows: SECTION 7232. Unauthorized Use of Water. No person shall use water from any service, fire hydrant, automatic fire service, blowoff valve, or other Water Division facility without first making arrangements with the Water Division therefor. Any unauthorized use of water shall be charged at double (2 times) the rates described in Section 7203 or Fifty Dollars ($50.00) whichever is greater. SECTION 19. Section 7234 is added to the santa Monica Municipal Code to read as follows: SECTION 7234. CROSS CONNECTION CONTROL. (a) Guidelines. Cross-connection control guidelines shall be maintained in the Water Division Office and shall list the situations requiring backflow prevention devices and the appropriate types of approved backflow prevention devices in conformance with Title l7 of the California Administrative Code. - 28 - e e (b) Right of Examination. The Water Division shall have the right to enter all property in the presence of the owner or the owner's agent for the purpose of examining the plumbing and plumbing connections to determine the existance of actual or potential cross-connections. (c) compliance. Customers required to install backflow prevention devices on existing water services shall install the type of equipment specified in the water Division guidelines referenced above by January l, 1988. Failure to comply with this section may result in discontinuance of water service. New customers shall install backflow prevention devices, when required, prior to commencement of service. SECTION 20. 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 affect the provisions of this ordinance. SECTION 21. 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 - 29 - e remaining portions of the ordinance. e 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 22. 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. effective 30 days from its adoption. The ordinance shall be APPROVED AS TO FORM: ~ "-"-. :-0-- ROBERT M. MYERS City Attorney - 30 - e e Adopted and approved this 9th day of September, 1986. f. k~JZ. ~ I Mayor I hereby certify that the foregoing Ordinance No. 1385(CCS) was duly and regularly introduced at a meeting of the city council on the 26th day of August 1986; that the said Ordinance was thereafter duly adopted at a meeting of the city council on the 9th day of September 1986 by the following Council vote: Ayes: Councilmembers: Conn, Epstein, Jennings, A. Katz, H. Katz, Zane and Mayor Reed Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None - ,- ATTEST: '- ~ /" -71--~; Ai-~ ~ L~}. LQ/~ City Cleik' - -