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city Council Meeting 10-8-91 Santa Monica, California
STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Ordinance Amending Santa Monica Municipal Code
Sections 7137, 7143A, 7143B, 7143C and 7143D relating
to sewer service charges.
At its meeting on October 1, 1991, the City Council
introduced for first reading an ordinance amending Santa Monica
Municipal Code sections 7137, 7143A, 7143B, 7143C and 71430
relating to sewer service charges. The ordinance is now
presented to the city council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Robert M. Myers, City Attorney
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CA:RMM:moxdOOO2/hpw
city Councll Meeting 10-8-91 Santa Monica, California
ORDINANCE NUMBER 1602(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SECTIONS 7~37, 7143A, 7143B, 7143C,
AND 7143D OF THE SANTA MONICA MUNICIPAL CODE RELATING TO
SEWER SERVICE CHARGES
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Section 7137 of the Santa Monica Municipal Code
is amended to read as follows:
SECTION 7137. Sewer Connection
Fee.
(a) The owner or developer of a
building 1n the C1ty 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 of
occupancy of the building. No City
permit or certificate shall be issued ln
connection with a building until the
Department of General Services certifies
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that payment of the prescribed fee has
been received.
(b) The fee shall be established
and from time to t1me be amended or
revised by Resolution of the City
Council.
( c) If the use of property subject
to this section is change so that its
sewage flow or strength 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 . section 7143A of the Santa Mon1ca Municipal
Code is amended to read as follows:
SECTION 7143A. Sewer Service
Charge. Definitions. As used in Sections
7143A through 7143E, the following' words
and phrases shall have the meaning set
forth herein, unless it is apparent from
the context that a different meaning is
intended:
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Adjustment: A determination that
the volumetric amount or strength of
sewage which enters the sewer system from
a premise is deemed to be a defined
amount substantially different from that
amount or strength specified in a
resolution of the city council referred
to hereinafter.
Average Sewage: The average amount
of sewage which enters the sewer system
from a user, as determined and
established for residential, commercial,
industrial and governmental users from
time to time by resolution of the City
Council.
Biochemical Oxygen Demand ( BOD) :
The quantity of oxygen utilized in the
biochemical oxidation of organic matter
in five (5) day at 20 degrees centigrade
expressed In terms of milligrams per
liter (mg/1) and analyzed in accordance
with the most recent publication of
"Standard Methods for the Examination of
Water and Wastewater," prepared and
published by the American Public Health
Association, American Water Works
Association, and Water Pollution Control
Federation.
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Commercial: That use of the sewer
system which is in any manner related to
the operation of or on any premises for
purposes of business, commerce or trade.
Discharge Factor: A factor which
shall be applied to the water usage of a
particular class of user to reflect the
actual or estimated percentage of water
usage which is discharged to the sewer
system..:..
Governmental: That use of the
sewer system by a city, city and county,
county, state, federal government, or a
political subdl.vision of any of the
foregoing.
Industrial: That use of the sewer
system which 1S 1n any manner related to
manufacturing or processing activities.
Premises: A parcel of real
property, and any appurtenances and
improvements situated thereon,
discharging sewage or connected to the
sewer system.
Residential: That use of the sewer
system which is related to predominantly
residentlal use of the premises in
discharging sewage into the sewer system.
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sewage: The used, spent, or wasted
discharge of the community of the City
received, directly or indirectly, by the
sewer system from one or more of the
following sources, to wit: residences,
commercial buildings, industrial plants,
other structures and institutions,
sub-surface water, surface water, and
storm water.
Sewer service Charge: That amount
imposed upon users of the sewer system as
provided for ln this chapter.
Sewer system: The entire network
of appurtenances, improvements, fixtures,
real and personal property involved and
contributing to the operation and
maintenance of the sewage collection and
disposal system of the city of Santa
Monica and the City of Los Angeles,
including but not limited to sewer
facilities, pumping stations, and
treatment plants.
Residential Sewage strength: The
concentration of d1ssolved and suspended
matter in sewage, as indicated by
Biochemical Oxygen Demand or Suspended
Solids, which derives from normal
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residential discharges to the sewer
system.
sewaqe strenqth: The concentration
of dissolved and suspended matter in
sewage, as indlcated by Biochemical
Oxygen Demand or Suspended Solids, as
defined herein.
Suspended Solids (SS): The total
non-filtrable resldue in water,
wastewater or other liqulds, which is
removable in accordance with the most
recent publication of "Standard Methods
for the Examination of Water and
Wastewater," prepared and published by
the American PUblic Health Association,
American Water Works Association, and the
Water Pollution Control Federation.
User: An owner or occupant,
whether commerclal, governmental,
industrial or residential, of an
appurtenance, improvement, building, lot
or premises being served by the city of
Santa Monica Water Division, and
discharging sewage or having a connection
to dlscharge sewage, to the sewer system.
User Class: A group of users of
the water system or sewer system which,
in the judgment of the utilities Manager,
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have similar purposes for water use,
similar wastewater discharge requirements
and similar wastewater strength
characteristics.
Wastewater: synonymous with the
definition of Sewage set forth above.
SECTION 3. section 7143B of the Santa Monica Municipal
Code is amended to read as follows:
SECTION 7143B. Sewer Service
Charges.
(a) There is hereby imposed a
sewer service charge for the recelving,
transportation, pumping, treatment, and
disposal of sewage through the sewer
system, and capital replacement costs
pertaining thereto.
(b) The sewer service charge shall
be a charge to commercial, governmenta 1 ,
industrial, residential, and other users
of the sewer system. It shall have three
components as follows:
(1 ) A f1xed rate component,
which shall be based on a user class and
the capac~ty in the sewer system which a
user may require, as indlcated by size of
water meter, and which shall generally be
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intended, in its aggregate, to recover
the City's fixed costs of service to that
particular user class.
(2) A variable rate
component, which shall be based on
estimated volume discharge of sewage as
determined by metered water usage and
adopted discharge factors, or by measured
sewage discharge, and which shall
generally be intended, in its aggregate,
to recover the City'S variable or
flow-related costs of service.
(3) A sewage strength
component, which shall apply to all
commercial and industrial users who are
required by Article V, Chapter 4 of the
Santa Monica Municl.pal Code to obtal.n an
Industrial Wastewater Permit. It shall
be based on the actual or estimated
sewage strength, and shall generally be
intended, in its aggregate, to recover
the city's variable costs of collecting,
transporting, treating and disposing of
sewage which exceeds residential sewage
strength. This component may also be
applied to other users when, -1n the
judgment of the utilities Manager, the
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strength of dlscharge of that user
exceeds residentlal sewage strength.
( c) The sewer service charge shall
be computed at the rates established from
time to time by resolution of the city
Council.
(d) No sewer service charge shall
be made or collected on any appurtenance,
improvement, building, lot or premises
where there 1S no connection to discharge
sewage to the sewer system.
(e) Any user, at his or her own
option and cost, may obtain a permit from
the Department of General Services and
install pursuant thereto and subject to
inspection by the Department of General
Services, a metering device or deVlces
approved by the Department of General
Services for measur1ng all of the sewage
discharged into the sewer system from his
premises. For purposes of this
subsection (e) , the total aggregate
measured through said device or deVlces
during a given billing period will be
deemed to be the average sewage from his
prem1ses for said billing period.
(f) The Director of General
services or his or her designated
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representative shall have the power and
duty, and is hereby directed to enforce
all of the provisions of sections 7143A
through 7143E, inclusive, except as
otherwise set forth herein, and shall
provide such rules and regulations as are
consistent with the provisions of said
sections and may be necessary or
desirable to aid in the administration,
adjustments, and enforcements of said
sections.
SECTION 4. Section 7143C of the Santa Monica Municipal
Code is amended to read as follows:
section 7143C. Billinq-collec-
tions-payment of charges-Delinquency
Penalties. The Director of General
Services shall direct, supervise and
control the collection of the sewer
service charge imposed in this Chapter,
and shall arrange for the billing,
collection, delinquency penalties, and
accounting for the sewer se.rvice charge
through the available facilities of the
Water Division of the City and in
accordance with its regular billing
practices, as provided in the applicable
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sections of the Santa Monica Munlcipal
Code.
SECTION 5. Section 7143D of the Santa Monica Monica
Municipal Code is amended to read as follows:
Section 71430. Adjustment and
Appeals.
(a) The director of General
Services shall have the authority to
provide for adjustments in the discharge
factors and sewage strengths established
by resolution of the city Council in
cases where the Director of General
Services determines that the actual
quantity or quality of sewage discharge
is substantially different from those
established. The Director of General
Services shall also have authority to
prorate fixed rate and variable rate
components of the sewer service charge ln
cases where more than one user class are
served by a common water meter.
(b) Any user may appeal
determinations of the Director of General
Services as provided for in section 6072
of the Santa Monlca Munlcipal Code.
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SECTION 6. 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 prov1sions of this Ordinance.
SECTION 7. 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 unconstitut1onal.
SECTION 8. The Mayor shall sign and the City Clerk shall
attest to the passage of thls 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.
APPROVED AS TO FORM:
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ROBERT M. MYERS '.-.J
city Attorney
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Adopted and approved this 8th day of October, 1991.
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~4ayor
I hereby certify that the foregoing Ordinance No. 1602(CCS)
was duly and regularly introduced at a meeting of the city
Council on the 1st day of October 1991~ that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the 8th day of October 1991 by the following Council vote:
Ayes: Cauncilmembers: Genser, Holbrook, Katz, Olsen,
Vazquez, Zane, Mayor Abdo
Noes: Councilmembers: None
Abstain: councilmembers: None
Absent: Councilmembers: None
ATTEST:
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------- 'ci ty Clerk (