75A - PH - SEWER LATERAL OWNERSHIP

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REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2015 TITLE: PUBLIC HEARING - ORDINANCE AMENDING CHAPTER 39 OF THE MUNICIPAL CODE TO DEFINE SEWER LATERAL OWNERSHIP (STRATEGIC PLAN NO. 6, 1B) !2 4�( CITY MANAGER RgCQMMgNP99 AC-TIQN CLERIC OF COUNCIL USE ONLY: R.1�J.Z�D1� ❑ As Recommended ❑ As Amended ❑ Ordinance on 1tl1 Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For [KQ0YiliR114i1kl(i] FILE NUMBER Adopt an ordinance amending Chapter 39, Article III, of the Santa Ana Municipal Code, pertaining to sewer facilities, to include definitions clarifying sewer facility ownership. DISCUSSION The City Council will consider adoption of an ordinance amending Article III, Sewers, of Chapter 39 of the Santa Ana Municipal Code. The proposed amendments are to establish and define the ownership of sewer facilities. The City owns and maintains a sewer collection system comprised of 390 miles of public sewer main which collects and conveys sewage from over 45,000 sewer laterals. A sewer lateral, as defined by the California Association of Sanitation Agencies, is "the pipe that transports wastewater from a building to the public sewer main in the street." The sewer lateral can be divided into two portions: the upper lateral and the lower lateral. The upper lateral refers to the portion which runs from the building to the property line; the lower lateral runs from the property line to the sewer main. Santa Ana property owners have historically been responsible for constructing and maintaining any sewer lateral serving their property. Prior to 2001, property owners had to bear all expenses relating to repairs of the upper and lower sewer laterals. In 2001, the City adopted an ordinance creating a sewer enterprise fund and a sewer service charge. A portion of funds collected is now used by the City to repair or replace sewer laterals located in the public right -of -way. However, when the ordinance was adopted in 2001, a clear definition of ownership and maintenance responsibilities of the sewer lateral was not included. The California State Water Resources Control Board ( SWRCB) regulates sewers in the state, including those owned by the City. However, the SWRCB only requires that local sanitation agencies maintain public sewer mains. There is no statewide program that mandates which party is responsible for sewer laterals on private property. It is common practice for cities with sewer enterprises to codify sewer lateral ownership and responsibilities and a number of neighboring communities have such ordinances, including the cities of Fullerton, Orange, and Huntington Beach. The Santa Ana Municipal Code (SAMC) addresses the topic of water and sewers in Chapter 39. Sewers are specifically detailed in Article III of that chapter. However, 75A -1