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Home My WebLink About50A - ORDINANCE - WATER METERS AND ADJUSTMENTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 18, 2012 TITLE: ORDINANCE AMENDING THE SANTA ANA MUNICIPAL CODE REGULATING THE TESTING OF WATER METERS AND ADJUSTMENT OF BILLS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 15f Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt an ordinance amending a portion of Chapter 39, Section 24 of the Santa Ana Municipal Code regulating the testing of water meters. DISCUSSION As established by Ordinance No. NS-936 in 1968, a customer may request that the City test the water meter serving his premises for accuracy. The water meter test involves removal of the meter serving the premises, transportation of the meter to the testing facility, performance of the test, and reinstalling the meter at the customer's premises. A water meter test fee of $5 was originally established in order to recover the cost associated with performing the test; however, this amount no longer adequately covers the cost of this service. Staff from the City Attorney's Office and the Public Works Agency has prepared an ordinance amending this section of the Municipal Code to provide that the fee be set by City Council Resolution. The City's 2012-2013 Miscellaneous Fee Schedule includes a proposed water meter test fee of $96 for fiscal year 2012-2013, which will only be implemented if City Council approves the amendments to SAMC §39-24. The fee may be adjusted annually along with other Miscellaneous Fees as a part of the overall City budgeting process which will ensure that the water meter test service is appropriately funded. The ordinance will retain the requirement that the City refund the test fee (as a credit to the customer's bill) if the meter fails to meet industry standards. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is not considered a CEQA project. Therefore, no environmental documentation is required. 5OA-1 Ordinance Amending the Santa Ana Municipal Code Regulating the Testing of Water Meters and Adjustment of Bills June 18, 2012 Page 2 FISCAL IMPACT Fees collected will be deposited in the Water Quality & Measurement Fund (accounting unit 06017644-57010). Raul Godinez II Executive Director Public Works Agency RG/RR Exhibit: 1. Ordinance APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 5OA-2 EXHIBIT 1 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 39-24 OF THE SANTA ANA MUNICIPAL CODE TO AUTHORIZE THE SETTING OF WATER METER TEST FEE BY RESOLUTION OF THE CITY COUNCIL THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council hereby finds, determines and declares as follows: A. The Santa Ana Department of Public Works provides metered rate water service for customers within the city limits; and B. A customer receiving water from the municipal water system (hereinafter, "the Utility") may request the Utility to test the water meter serving its premises for accuracy after depositing $5.00 to pay the costs associated with providing the test; and C. The City Council has adopted a policy requiring that the cost of providing services should be borne by the person requesting such services; and D. The Department of Public Works has recommended that the water meter test fee be increased to pay the actual costs associated with providing such test, including personnel costs of travelling to the premises, pulling the meter, testing the meter and reinstalling the meter; and E. The costs associated with providing services may increase annually, and the cost to the City of providing the water meter test will increase in a like amount, thus the water meter test fee should be annually adjusted equivalent to the annual average of the Consumer Price Index, Los Angeles-Riverside-Orange County area; and F. All fees assessed for the water meter test bear a direct correlation between the amount of the fee and the actual cost of the services provided, including administration, personnel and implementation services specifically related to water meter test. Further, the proposed increase will not result in revenue which exceeds the City's estimated reasonable costs to provide the water meter test. 5OA-3 Section 2. In accordance with the California Environmental Quality Act, the recommended action is categorically exempt per section 15061 (b)(3) as obtaining full cost recovery for provision of services will have no possible significant effect on the environment. Section 3. Section 39-24 of the Santa Ana Municipal Code is hereby amended to authorize the water meter test be set by Resolution of the City Council of the City of Santa Ana. Said Section 39-24 shall read in full as follows (new language in bold, deleted language in strikeout for tracking purposes only): Sec. 39-24 Testing of meters and adjustment of bills. (a) Meter test on customer's request: A customer may request the utility to test the meter serving his premises to determine that the meter is accurate. The customer shall deposit a fee as set by resolution of the City Council to cover the cost of such test. and the The deposit shall be returned to the customer if the meter fails to meet then current industry standards as established by the American Water Works Associationic found +^ FegisteF more +h tWO (2) peFGen+ fast. The customer shall have the right to attend the conduct of the test and a written report of the test will be given to him if he so requests. (b) Adjustment of bills for meter error. When upon test, a meter fails to meet then current industry standardsi° fG Rd to be registering mere +haR tWO (2) perncn+ fas , the city will refund to the customer the amount of the overcharge based on corrected meter readings for the period the meter was in use, but not exceeding a period of six (6) months. When upon test a meter two (2) inches or less in size is found to be registering more than twenty-five (25) percent slow, the city may bill the customer for the amount of the undercharge based upon corrected meter readings for the period the meter was in service, but not exceeding a period of three (3) months. When upon test a meter three (3) inches or larger in size is found to be registering more than five (5) percent slow, the city may bill the customer for the amount of the undercharge based upon corrected meter readings for the period the meter was in service, but not exceeding a period of three (3) months. 5OA-4 Section 4. Any provision of the Santa Ana Municipal Code that is inconsistent with the provisions of this Ordinance, to the extent of such inconsistency and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. Section 5. 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. Section 6. This ordinance shall become effective thirty days after its adoption by the City Council. ADOPTED this day of , 2012 Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 5OA-5 CERTIFICATE OF PUBLICATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 50A-6