SR-505-001-01-01 (4)
Cl-\.: SSS : se .
Councll '1eetlng ~/24/81
Santa 1IPnlca, Callfornla
8D
5r05-00/-o/-0/
S':L'AFF ~EPORT
fEB 2 4 198\
TO: Mayor and Clty Counell
FRO~1 CJ.ty !I.ttorney
SUBJECT: Ordlnance Establlshlng Sewer Connectlon Fee
INTRODUC':'IO~
ThlS report transIDlts for second readlng and adoptlon
an ordlnance addlng Munlc1pa1 Code seetlon 7137, establ1shlng
sewer eonnectlon fees. The C1ty Councll 1ntroduced thlS
ord1nance, and adopted 1t 1n emergency form on February 11, 1981,
Items SA and 8E.
A"IALYSIS
The ord1nance reaU1res bUlld~ng owners to Day a sewer
connectlon fee to the C1ty. The fee 15 based on a scbedule
establ1shed bv ~ounclJ ~esolutLon WhlCh depends on the tVDG
of bU1lcJng: Tr.e Dlrector of General SerVlces Mav lnerease
the fee 1f he deter~lnes the sewaae flow fro~ a bUlldlng to be
greater than average. The fee 0USt be Da1d before the o~~er
~ay obtaln the next requ1red C1tv per~lt or cert1flcate 0=
occupancy.
If the use of a bU1ld1Dg 1S changed so that 1t
~ould requlre a h1g~er fee under the Resolut1on, the owner
must pay a higher fee as deter~lned by the Dlrector of General
SerV1ces.
The language of th1S ord1nance has been modlfled to reflect
the Cou~e~} 's lntent and to elar1fy syntax.
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AL'I'ERNAT IVES A~D REC OH~fF.~1}AT ION
The Counell may adopt the ordlnanee as drafted, modlfv and
relntroduee lt, or reJect it. It lS respectfully recommended
that the Councll adopt the ordlhance as drafted, and that the
Cauncll declare that this verSlon of the ordlnance reflects
ltS orlglnal lntent and May be publlshed as the flnal verSlon
of the emergency ordlnanee estahllSlllng sewer connectlon fees.
Prepared by: Stephen Shane Stark
Acting City Attorney
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CA:SSS:se 4It
CounCll Meetlng 02/24/8l
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Santa Monica, Callfornia
ORDINANCE NO.
1199
(CIty Council SerIes)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ADDING SECTION 7137 TO THE SANTA MONICA
MUNICIPAL CODE ESTABLISHING SEWER CONNECTION FEES.
WHEREAS, the deterIoration of the Colorado Street sewer
Q,as shown the immediate need for maintenance of and lmprovements
to the sewer system in Santa Monica; and
WHEREAS, In 1978 the Sewer Use Fee was lowered In an effort
to keep water and sewer bills as low as possible; and
WHEREAS, there is a need to establish a means of fundIng
the maIntenance and capItal Improvements required in the sewer
system In Santa MonIca;
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN:
SECTION 1. Section 7137 is added to the Santa Monica
MunIcipal Code, to read as follows;
Section 7137. SEWER CONNECTION FEE.
(a) The owner or developer of a bUIlding In the CIty shall
pay a sewer 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. No CIty
permit or certificate of occupancy shall be issued In
connection WIth a building until the Department of General
Services certifies that payment of the prescribed fee
has been received.
(b) The fee shall be established and from time to t1me be
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amended or rev~seu by ~esolution of the CIty Council. The
Director of General SerVIces may increase the fee for any
bUIlding if ~n his or her judgment the sewage flow w~ll
be greater than average.
(c) If the use of property subject to thIS section is changed
so that Its sewage flow warrants the payment of a higher fee,
as shown on the City Council Resolution setting the fee, the
owner or developer of the property shall pay an addItional
fee, as determined by the DIrector of General SerVIces.
(d) This fee shall be supplementary to all other permIt and
fee requirements of this Chapter.
SECTION 2. Any provision of the Santa MonIca Municipal
Code or appendices thereto inconsistent therewith, to the extent
of such inconsistencies and no further, are hereby repealed or
modifled to that extent necessary to affect the provlsIons 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 the 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 ~nvalid or unconstitutional WIthout regard to whether
any portIon of the ordinance would he subsequently declared
invalid or unconstitutional.
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SECTION 4. The Mayor shall sign and the City Clerk shall
attest to the passage of thlS ord1nance. This City ~]8rk shall
cause the same to be published once 1n the offICIal newspaper
wlthIn flfteen (15) days after Its adoption. The ordinance shall
become effective after thIrty (30) days from its adoptIon.
~P?KOVED AS TO FORM:
sQ~~~J~~St~k
Acting City Attorn~y
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OF
ADOPTED Aim APPROVED Tit I S
February 1981
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24th
DAY
~ Jr. f3~
V r\MroR
.
~
I HEREBY CERTIFY THAT THE FOREGOIrJG OR!)INAfKE)..
rlO. 1~?9 ) HAS DULY A~m REGULARLY INTRODUCED AT ^ ~EETHJG
OF THE CITY COtHJCIL ON THE 11 th DAY OF February .I 1981;
THAT THE SAID orm INANCE ~!AS THEREAFTER DULY ADOPTED AT A
MEETmG OF THE CITY COUNCIL OU THE 24th DAY OF FebruarY1981
BY TilE FOlLOH I rJG COW'K I L VOTE:
AYES:
CDUNC I U1E~BERS:
Yannatta Goldway, Jenn1ogs, Reed,
Scott and Mayor BambrIck
rJOES:
COU~KI U'E~BER:
None
ABSCNT: COUrlCI L ~Er1BE~S:
Rhoden
ATIEST:
~ /}uiI~
CITY CLERK
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Coune 11 'lee t Ing Da te
Agen~d. Item # J tJ
Introduced:
I/t?f
2 - II
;2 - 2---r/
DISTRIBUTION OF RESOLUTION "
ORDI:-JA'1CE H
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Adopted:
\"'.15 1 t dmenJed?
VOTE'
A f f 1 rTTla t 1 ve .
~egu.tlve:
Absta1n:
Absent.
f;( l-~ J _ il0: /~(
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DISTRIBUTIO'J":
OR I GINA L to be 5 1 g n e d . 5 e ale d and f 11 e dIn - \' <HI! t .
NEWSPAPER PUBLICATION (Date:
3 j,
(/-., -,a~ .'XLf../{.J
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)
)
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Department orIginatIng staff report
C1ty Attorney
Agency mentIoned in document or staff report
(certIfled")
S~bJect flle (agenda packet)
1
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Counter fIle
Others:
A.lrpo rt
ParkIng Auth.
Auditorum
E_i_~~ .I
Envlron. Servo
:/
Personnel
~
Police (en-
forcement?)
/
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FIDdnce
PurchasIng
fIre
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Recr ;P:Irks
General Serv
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Transportat.l0n
LIbrary
Treasurer
Manager
SEND ~ COPIES OF ALL ORDINANCES
TO CODED SY~TE~S Attn Peter McCle~~e
PROFESSI04AL 'CE~TER Total
ROUTE 72-
BRIELLE, ~EW JERSEY U8730
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Others: 7'~k-
TOTAL COPIES _//
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PROOF OF PUBLICA liON
(2015SCCP)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a
reSident of thE> County aforesJld, I am over
the age of eighteen yenrs. and not a party to
or Interested In the above entitled matter I
am the principal clerk of the printer of the
EVEN ING OUTLOOK
a newspaper of general circulation, printed
and puhllshed ... d.~~ly e~~~,p~. S~?~r ...
SANTA. MONICA
In the City of. ........ .. ......
County of Los Angeles, and which
newspaper has been adludged a newspaper
of general circulation by the Superior Court
of the Coun~y of Los Angeles. State of
California, under the date of.J!l~..~~ 19 };,
C 314319 h
ase Number . _. ... ._ ., t atthenotlce,
of which the annexed IS a printed copy (set
In type not smaller than nonpareil), has
been published In each regular and entire
Issue of said newspaper and not In any
supplement thereof on the follOWing dates,
to-Wit
Mar 6
all m the year J 98 1
I certify (or declare) under pena Ity of
perjury that the foregomg IS true and
correct
Dated at
SANTA HONICA
~allfornJa. thiS ~ 6 198],
.t:v~1;"':s1~"
Free cop;es 0'1 thIS bl~nk lorm may be secured Irom
CALIFORNIA NEWSPAPER SERVICE
BUREAU,INC
Legal Advertlsmg C1eanng House
South Spring St . Los Angeles. Calif 90012
Telephone 625-2141
Please request G ENE R A L Prool of Publication
when ordenng IhlS lorm
.~t7 "1
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ThiS space is for the County Clerk's Ftllng Stamp
Proof of Publication of
.., ......1 '1-11.. .........11.............".,.,........................
...... ..... ... ... .... II.. ..1............ ...---..-... ~
ORDINANCE NO 1199
(CIty CounCIl SerIes)
AN ORDINANCE OF THE CITY COUNCIL OF
mE CITY OF SA.."lTA MONICA ADDING SEC-
TION 7137 TIlE SANTA MONICA MUNICIPAL
CODE ESTABLISIDNG SEWER CONNECTION
FEES
WHEREAS, the deterioration of the Colorado
Street sewer has shown the immediate need for
maintenance of and Improvements to the sewer
system 10 Santa Momca, and
WHEREAS, In 1978 the Sewer Use Fee was
lowered m an effort to keep water and sewer bJlls
as low as possible, and
\VHEREAS, there IS a need to establtsh a means
of fundmg the mamtenance and capItal unprove-
ments reqUlred m the sewer system m Santa
MODIca.
THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN
SECTION 1 Sectlon 7137 IS added to the Santa
Moruca Mumclpal Code, to read as follows
SectIon 7137 SEWER CONNECfION FEE
(a) The owner or developer of a buildIng In the
Cltv shall pay a sewer connectlOn fee to the City
shall become effectIve after thirtv (30) Ja';s-frOQ;
Its adoptIOn --
Adopted and approved tillS 24th day of February,
1981
JOHN J BAMBRICK.
J\.layor
I hereby certlfy that the foregOIng ordmance, No
1199. was duly and regularly lDtroduced at a meet-
mg of the City CounCil on the 11th day of February,
1981. that the said ordmance was thereafter dulv
adopted at a meeting of the City Counell on the 24th
day of February, 1981. by the followmg Council
vote
A YES Councllmembers, Yannatta Goldway, Jen-
mngs, Reed, Scott and Mayor Bambnck
~OES Councllmember None
ABSE.'XT CounCIlmembers. Rhoden
ATTEST
ANN M SHORE,
C1.ty Clerk
Pub March 6-1981
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a.7n'i'i r"Me'ettj 1~;r.~1!''''''~ p-
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Qt._,u~vt~rca; '-Cali forn1a ~ ..,I
ulWINANCE NO.
1199
(CIty Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ADDING SECTION 7137 TO THE SANTA MONICA
MUNICIPAL CODE ESTABLISHING SEWER CONNECTION FEES,
WHEREAS~ the deterioration of the Colorado Street sewer
lJATL:
.J.2-R/
TO:
M~ry Lennon, Santa Monlca EvenIng Outlook
fRml-
Clty Clerk (393-9975, [xt. 211), Santa Monica Cl t)' [[.d [
~1.JJ:sJ [ CT .
R[QU~ST TO PUBLISH LEGAL NOTICE
Pledse publl~h the attached
on ~ ".
.
~ 1/'1'1
/11/
anJ return
J
proofs of publiCatIon to the CIty C]elk'~ Offl. e.
'1 h<.lIlk~ [0 r YOlU' a 5515 tance.
ehrlS lTulcs1.ln, CIty Clerk's Secretary
p~LW~L UL C~CCl~lCate or occupancy Shdll be Issued In
connectIon WIth a buildIng untIl the Department of General
Services certIfies that payment of the prescrlu~d fee
has been receIved.
(b)' The fee shall be establIShed and from time to tlITI~ be