HomeMy WebLinkAboutNS-2479 - Adding Article XVII to Chapter 13 and Sections 39-55.1 to 39-55.5 to the City's Code...ORDINANCE NO. NS-2479
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ADDING ARTICLE XVII TO CHAPTER 13 AND
SECTIONS 39-55.1 - 39-55.5 TO THE CITY'S CODE,
ESTABLISHING A SEWERAGE SERVICE ENTERPRISE
FUND AND SEWERAGE SERVICE FEE
THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS:
Section 1: The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
The City has for generations provided to its citizens a system to transport
sewerage generated by residents and businesses to the County of
Orange system where it is treated and disposed.
On May 21,2001 the City Council was presented, at a study session, with
evidence demonstrating that large portions of the City's sewerage system,
located in no one area but citywide, is of sufficient age that it is need of
additional and extraordinary repair and replacement.
The City currently does not levy a fee or charge for the service of
transporting sewerage. This service is a commodity in that the more
water a water customer consumes the greater the sewerage that the
customer generates.
The City's Charter and State law, including but not limited to Government
Code section 54340 et seq., provide that the City may establish
reasonable charges and fees for the service the City provides in
transporting sewerage to the Orange County publicly owned treatment
works and related infrastructure.
A fee for this service would not duplicate any existing fee, charge, levy or
other toll currently collected by the City or any public agency, and would
be distinct and separate from any current or future (i) sewer standby or
availability charge or assessment, (ii)special benefit assessment of
special tax imposed pursuant to state or local law, (iii) sewer connection
charge or sewer capacity charge paid in connection with or as a condition
of approving an application for sewer service, or (iv) any mitigation fee
imposed on new development pursuant to state law (Government Code
§ 66000 et seq.) or local law.
This fee would not be charged, because no sewerage service is being
provided, to raw land, vacant property (i.e., where no water service is being
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provided), to a customer who is consuming no water, to a water customer
who is directly connected to a county owned sewer, or to a water customer
whose only water consumption is for fire service or irrigation.
The moneys collected by such a service fee would be placed into a fund
that would be used only to repair, replace and perform preventative
maintenance on city owned sewer mains or sewer trunk lines, and
associated costs. In addition, in a change to current policy, the City could
use such funds to repair and replace that portion of the sewer customer's
lateral that lies within the public right of way when necessary. No moneys
from this fund would go to the city's general fund.
This ordinance has been found to be, and the Council concurs is, exempt
from the California Environmental Quality Act ("CEQA") pursuant to Public
Resources Code § 15273(a)(1) (exempting charges imposed by public
agencies to meet operating expenses) and State CEQA Guidelines § 15301
(exempting the repair, maintenance or minor alteration of existing public
facilities).
Section 2: Sections 39-55.1 - 39.55.6 are hereby added to the Santa Ana
Municipal Code to read as follows:
Sec. 39-55.1. Sewerage Service Fee - Purpose.
In order to reimburse the City, in part, for its service in transporting
sewerage from a water utility customer or other person using the city-owned
sewer system and facilities to Orange County's publicly owned treatment works
and related infrastructure, and to operate, maintain, repair and replace said city-
owned sewer system and facilities, it is appropriate for the City to charge a
sewerage service fee. This fee does not duplicate any existing fee, charge, levy
or other toll currently collected by any public agency, and is intended to be, and
shall be interpreted as, distinct and separate from any current or future (a) sewer
standby or availability charge or assessment; (b) special benefit assessment or
special tax imposed pursuant to state or local law; (c) sewer connection charge
or sewer capacity charge paid in connection with or as a condition of approving
an application for sewer service; or (d)any mitigation fee imposed on new
development pursuant to state law (Government Code § 66000 et seq.) or local
law. Where appropriate, words and phrases used in sections 39-55.1 through
39.55.6 shall have the same meaning as given them under Article II of this
Chapter.
Sec. 39-55.2. Sewerage Service Fee - Establishment.
a. Except as provided in section 39-55.3 of this Code, upon each
water utility customer of the City there shall be imposed, in addition to the
commodity charge for usage of City water, a sewerage service fee. All sewerage
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service fees imposed pursuant to this subsection shall be due and payable at the
time and in the manner provided in this Code for payment of water utility bills
pursuant to Article II of this Chapter, but shall be listed as a separate line item on
the water utility bill. The sewerage service fee shall be charged based upon the
volume of usage of the city's sewer system by the water utility customer, as
measured by metered water service.
b. Excepts as provided in section 39-55.3, subsections (a) through (c)
of this Code, upon any person who receives potable water service from a
municipal water provider other than the City or from a private water provider, and
who discharges into the city-owned sewer system and facilities there shall be
imposed a sewerage service fee. All sewerage service fees imposed pursuant to
this subsection shall be due and payable at the time and in the manner provided
in this Code for payment of water utility bills pursuant to Article II of this Chapter.
The sewerage service fee shall be charged based upon the volume of usage of
the city's sewer system by the person, as measured by metered water service or
other means approved by the Director of the Public Works Agency or designee.
Sec. 39-55.3. Sewerage Service Fee - Exceptions.
The following types of connections shall not be liable for payment of the
sewerage service fee:
(a) fire service connections when separately metered;
(b) irrigation service connection when separately metered;
(c) any individual, partnership, association, corporation or agency of
government that is not connected to the City's sewerage system; provided,
however, that it shall be the obligation of the individual, partnership, association,
corporation or agency of government to present evidence of this fact to the City;
or
(d) any water utility customer who has not received City supplied water
during a billing period.
Sec. 39-55.4. Sewerage Service Fee - Setting Reasonable Fee.
The City Council shall, from time to time, set a reasonable sewerage
service fee by resolution. All monies collected from the sewerage service fee,
including penalties and interest for late payment, shall be deposited into the
Sewerage Enterprise Fund established pursuant to Chapter 13 of this Code.
Sec. 39.55.5. Sewerage Service Fee - Delinquencies.
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Delinquent sewer service fee charges against a water utility customer or
person shall constitute a lien against property upon recordation following
appropriate action by the city council following substantial compliance with all
provisions of Government Code section 54354 et seq., as it may be amended
from time to time, including notice and an opportunity to be heard; except as may
be provided therein. As a separate and distinct remedy, the city attorney is
authorized to bring suit pursuant to Government Code section 54356. The city
shall not disconnect water utility service for failure to pay the sewer service fee,
unless said failure is accompanied by a customer's failure to pay the water utility
service in which case disconnection of water utility service shall be governed by
Article II of this Chapter.
Section 33-55.6. Variance From Payment Of Sewerage Service Fee.
Any person subject to the Sewerage Service Fee may request that the
Director or designee waive the requirement of payment of the Sewerage
Services Fee due to individual cimumstances that demonstrate, on a case-by-
case basis, that the amount of the fee is not reasonably related the cost of the
service the City provides in transporting sewerage to the Orange County publicly
owned treatment works and related infrastructure. The decision of the Director
or designee may be appealed pursuant to Chapter 3 of this Code.
Section 3:
follows:
Article XVII is hereby added to Chapter 13 of the Code to read as
ARTICLE XVlI. SEWERAGE ENTERPRISE FUND
Sec. 13-155. Creation of Sewerage Enterprise Fund.
There is hereby created and established the Sewerage Enterprise Fund.
Sec. 13-156. Deposit of Moneys.
All moneys received by the City as a sewerage service fee established
pursuant to section 39.55.1 of the Code, shall be deposited into the Sewerage
Enterprise Fund..
Sec. 13-157. Expenditure of Moneys.
Moneys in the sewer enterprise fund shall be expended only for:
(a) repair, replacement and preventative maintenance of city owned
main/trunk sewer lines;
(b) repair and replacement of sewer laterals, from city owned main/trunk
lines and only for that portion located in the public right of way, if in the sole and
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final determination of the Executive Director of the Public Works Agency or
designee this portion of lateral is in need of replacement or repair; provided,
however that moneys in the fund shall not be expended for maintenance or
cleaning of said laterals;
(c) planning, study, administrative, record-keeping, and mapping costs
directly relating to subsections (a) and (b);
(d) costs of inspection of city owned mains/trunks; and
(e) repayment of and costs associated with issuance of bonds, certificates
of participation or other financing tools, whose proceeds shall be used
exclusively for those activities set forth in subsections (a) through (d).
Sec. 13-158. Interest and other income.
Interest received by the City of Santa Ana from the investment of money
in the sewerage enterprise fund, and all other income derived from the use of
such moneys, shall be deposited in the sewerage enterprise fund.
Section 4: If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional. In particular, should the lien provision of section 2 of this ordinance be
deemed to affect the constitutionality of this ordinance, then the city council declares that
it would have adopted this ordinance without the first sentence of section 39-55.5.
ADOPTED this 17th dayof September , 2001.
Miguel A. Pulido '~
Mayor
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APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
Be~j~(min Kaufman
Chi~Assistant City Attorney
AYES:
NOES:
ABSTAIN:
Councilmembers: Alvarez, Bist, Franklin, McGuigan, Solorio (5)
Councilmembers: Christv (1)
Councilmembers: None
NOT PRESENT: Councilmembers: Pulido
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-2479 to be the original ordinance adopted by the City
Council of the City of Santa Ana on September 17, 2001, and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Clerk~df the Counci ~/
City of Santa Ana
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