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SR-6-B (63) . 505" -00 z- e'l ~T~~ f ~ CA:RMM:rmd1336/hpca1 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 ~-B - 1 - OCT S 1991 . . . 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 - 1 - . . . . 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: . - 2 - , 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. - 3 - 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. - 4 - 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 - 5 - - - 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, - 6 - 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 - 7 - 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 - 8 - 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 - 9 - . 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 - 10 - . 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. - 11 - . 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: ~-T ~i~.-- ROBERT M. MYERS '.-.J city Attorney - 12 - . . Adopted and approved this 8th day of October, 1991. ~ 1fJ,/6 ~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: ~?M~ ------- 'ci ty Clerk (