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HomeMy WebLinkAboutOrdinance - 2502 - Amend Title 14 e . .SUMMARY OF CITY OF REDDING . ORDINANCE NO. 2502 . The following is a summary Report of the City of Redding's Ordinance No. 2502, an ordInance of the City Council of the City of Redding amending Redding Municipal Code Title 14, Chapter 14.08.and Chapter 14.16, all relating to cleanup and updating of code provisions related to the furnishing of water and sewer service. The proposed ordinance was iritroduced by title only at the regular Redding City Council meeting held on December 3, 2013, and will be considered for adoption at its next regular meeting to be held on January 7,2014. . The ordinance is intended primarily to update references' to the proper City official and proper City department responsible for implementing water and sewer service, and to make other corrections and updates to be consistent with state and fed,eral regulatory requirements for administering these services. \ A copy of the full ordinance containing details of the. above summarized content is available for inspection at the City of Redding, Office of the City Clerk. DATED: December 9,2013 \. SUMMARY OF CITY OF REDDING ORDINANCE NO. 2502 The following is a summary Report of the City of Redding's Ordinance No. 2502, an ordinance of the City Council of the City of Redding amending Redding Municipal Code Title 14, Chapter 14.08 and Chapter 14.16, all relating to cleanup and updating of code provisions related to the furnishing of water and sewer service. The ordinance is intended primarily to update references to the proper City official and proper City department responsible for implementing water and sewer service, and to make other corrections and updates to be consistent with state and federal regulatory requirements for administering these services. Ordinance No. 2502 was introduced and read at a regular meeting of the City Council of the City of Redding on the 3`d day of December, 2013, and was duly read and adopted on the 7`" day of January, 2014, at a regular meeting of the City Council by the following vote: AYES: Council Members: Cadd, Jones, McArthur, Sullivan, &Bosetti NOES: Council Members: None ABSENT: Council Members: None ABSTAIN: Council Members: None A complete copy of Ordinance No. 2502 is on file and available for review in the Office of the City Clerk. DATED: January 13, 2014 i ORDINANCE NO. 2502 AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 14 (UTILITIES) CHAPTER 14.08 (WATER) IS AMENDED BY ADDING SECTIONS 14.08.005, 14.08.010 AND 14.08.90 AND AMENDING VARIOUS PROVISIONS IN SECTIONS 14.08.040 THROUGH 14.08.370 AND CHAPTER 14.16 (SEWERS), SECTIONS 14.16.020, 14.16.205, 14.16.215, AND 14.16.230 THROUGH 14.16.245, ALL RELATING TO CLEANUP AND UPDATING OF CODE PROVISIONS RELATED TO THE FURNISHING OF WATER AND SEWER SERVICE Section 1. Title 14 (Utilities), Chapter 14.08 (Water) is amended by adding Sections 14.08.005 and 14.08.010 to read as follows: 14.08.005 Definitions For the purpose of this chapter, certain words and phrases shall be construed as set forth in this section unless it is apparent from the context that a different meaning is intended. A. [No Change] B. "Cross-connection" means any actual or potential connection between a public water supply and a source of contamination or pollution. C. [No Change Subsections C through E] F. "Water service" means water for normal domestic, commercial, industrial or irrigation purposes on a permanent basis and for which the general rates and regulations are applicable. G. "Service connection" means the pipeline and appurtenant facilities, such as the meter valve., meter and meter box, used to extend water service from the distribution main to the premises. Where services are divided at the curb or property line to serve several customers, each such branch service shall be termed a separate water service. H. "Water Utility" means the division which constructs, operates and maintains the city water distribution system and treatment facilities. I. "Household equivalent" means any single-family residential premises served by a %-inch or 3/4-inch water meter and small commercial businesses served by a standard %-inch meter. Household equivalents for larger meters, 3/4-inch, 1-inch, 1%2-inch, 2-inch, 3-inch, 4-inch, 6-inch and 8-inch, have been computed using the ratio of the larger meter's AWWA rated capacity to the AWWA's rated capacity of a standard 5/8-inch meter. J. [No Change] K. "Customer" means any person or persons, all entities, public or private, residential, G industrial, commercial, governmental or institutional, who receive water as defined by the California State Department of Health Services, Division of Drinking Water, as either potable or reclaimed at a service connection, fire hydrant, or fire service system 1 that is further defined by the RMC. L. "Director" means the Director of the Public Works Department or his or her designee. M."Service area" means that area set forth in the U.S. Bureau of Reclamation Contract No. 14-06-200-5 272A-LTR I and as amended by any subsequent amendments. 14.08.010 Authority of Director The Director shall have authority to make a determination regarding any questions which may arise and/or are not fully answered by the provisions of this chapter. Section 2. Title 14 (Utilities), Chapter 14.08 (Water) certain sections as delineated below between section 14.08.040 and 14.08.370 of the Redding Municipal Code are amended to read as follows, with all other sections not amended remaining in effect: 14.08.040 Service, generally. A. The city will furnish water service in accordance with regulations contained in this chapter and other applicable provisions of this code to any property within the city's service area. When application is made for regular service through an existing previously paid service connection or discontinuance of service, no charge will be made for starting or discontinuing the service and no deposit will be required to establish credit for the service. Where the new use of the property is more dense than the prior use, the applicant shall pay those applicable charges for the increase in density. If application is made for service to property where no service connection has been installed or a part of a service connection has been installed but no regular service has been rendered to the property, the applicant, in addition to making application for the service, shall comply with the regulations governing the installation of service connections. The applicant shall, besides paying the charges for installing a new service connection, pay that water connection fee applicable to the type of service requested. B. [No Change Subsections B and C] D. Where a water service is located at an elevation that results in a low or a high water pressure condition, the customer may install an auxiliary system to increase or decrease the pressure at the expense of the customer. The auxiliary system shall be on the customer side of the water meter and remain the property of the customer who will be solely responsible for its maintenance and operation. The customer shall hold the city harmless for damage incurred from low or high water pressure conditions. 14.08.050 Service outside city. Within the authorized water service area set forth in that certain contract with the U.S. Bureau of Reclamation designated Contract No. 14-06-200-5272A-LTR1, as amended by any subsequent amendments thereto, water service connections may be made with approval of the Director beyond the city boundaries, subject to the following terms and conditions: 2 r A. The connection and any line extensions required shall be at no cost to the city. The applicant shall pay the total construction cost, and, if additional right-of-way acquisition is required in order to construct line extensions to the point of connection, the applicant shall pay all costs of such acquisition. The applicant shall comply with the construction standards of the city for waterline extensions and connections to the satisfaction of the Public Works Director of the city. B. The applicant shall pay a water connection fee equal to the fee for new connections in the city in effect at the time of the application. C. The applicant shall pay a monthly water service rate equal to the water service rate established by the city council for service in the unincorporated portions of the city's water service area. D. The applicant shall be required to comply with the construction standards of the city for waterline extensions and connections to the satisfaction of the Director. E. If the existing water line to which the applicant desires to extend is substandard in size, the applicant may be required to replace the substandard line with a water line of appropriate size in relation to the anticipated development of the area which will be served by the connecting extension. To the extent such line is larger than is required to serve the needs of the applicant, the city may pay the costs of such oversizing in accordance with Section 14.08.130. 14.08.070 Service—Installation. A. Water services will be installed at size and at the location desired by the applicant where the request is consistent with city policy and ordinances. Service installations will be made only to property abutting on a public street or alley or water utility right-of-way at the convenience, of the Water Utility. Services installed in new subdivisions prior to the construction of streets or street improvements must be accepted by the applicant in the installed location. B. [No Change] 14.08.075 Temporary service. Temporary water service may be obtained through a fire hydrant or existing water service and metered for the purpose of providing water for construction projects or other temporary water use. Fire hydrant meters or service connection meters with control valves can be obtained from the Water Utility. Each temporary water service shall be protected from potential cross- connection. The rates charged for water service through a fire hydrant meter or temporary water service connection shall be the same as charged for a regular metered service. In addition to the charges for water used, an availability charge for the use of the fire hydrant meter or temporary water service meter shall be due and payable at the time temporary service is requested. Temporary water service connections shall be no more than six (6) months in duration unless otherwise approved by the Director. 3 14.08.080 Service—Location change. Any person desiring to change the location of an existing water service shall make an application to the Water Utility for the change, and, if the Director deems the change to be necessary or advisable, will cause the change to be made. The applicant requesting the change shall pay the city for the cost of all labor, equipment and materials expended in the change, plus fifteen percent for supervision. A cash deposit in the amount estimated to be the cost of relocating facilities will be required at the time the work is requested. If the actual cost of work exceeds the cash deposit, the difference shall be due and payable upon completion of the job. 14.08.090–Service– Protection of connections from driveways or crossings. A. Whenever a driveway or crossing to be used for vehicular traffic is constructed within that portion of the city street lying between the curb line and the property line, the Water Utility will cause the removal and relocation of any water service connection or any part thereof which may be within the lines of such driveway or crossing, or the water service connection shall be placed in a meter box having a minimum proof load test of 18,000 pounds. The customer shall be responsible for all costs associated with relocating or protecting the water service connection. B. The cost of removal, relocation, or maintenance of water service connections as provided in this section shall be charged against the property for which driveway or crossing was constructed and to the owner thereof. 14.08.100 Service—Discontinuance. A. [No Change] B. Water service may be refused or discontinued to any premises where there exists a cross- connection or unapproved cross-connection control device in violation of state or federal law. C. [No Change] D. Customers desiring to discontinue service shall notify the Customer Service Department two days prior to vacating the premises. Unless discontinuance of service is ordered, the customer shall be liable for charges whether or not any water is used. 14.08.110 Water meters and meter boxes. All water meters and meter boxes installed by the city shall remain the property of the city, and where replacements, repairs or adjustments of any meter are rendered necessary by the act, negligence or carelessness of the customer, any expense caused the city thereby shall be charged against, and collected from, the customer. If the customer or owner fails to pay the charges, the water may be shut off until the charges are paid. Each separate pipe connection in any meter box 4 shall be separately metered. All water meters shall be safely accessible at any reasonable hour to authorized employees of the city at all times for inspection, testing, maintenance, and reading. 14.08.120 Meter Control Valves. There shall be a meter control valve at the inlet of the water meter inside the meter box within the city easement, at a point to be designated by the city. The meter control valve and its box shall be for the city's exclusive use and under its exclusive control. 14.08.130 Extension of mains. Applicants for service beyond the limits of the existing water system may secure service., providing the service is located within the city's water service area and they comply with the following provisions: A. A request shall be filed with the Director indicating the property proposed to be served and the use to be made thereof. The Director shall analyze the request with respect to the city's water master plan and engineering factors related to the site and the city's existing water system. B. The general policy concerning the assignment of construction costs for such service shall be as follows: 1. [No Change] 2. Where the city requires a water line to be constructed greater in size than required for applicant's development, the city shall assume the cost of oversizing the water line. The city will pay the invoice pipe price difference between the size needed for the development and the size;required by the city, plus fifteen percent, provided an agreement is entered into with the city prior to commencement of work and when funds are available. All agreements and/or contracts shall be approved by the city council before work commences. 3. All water main construction in new subdivisions shall extend to the limits of the property and shall include all looping, interties with adjacent water agencies, and other supplementary lines that are necessary in order that future contiguous subdivisions can connect directly onto such subdivisions to maintain water quality and provide for the orderly development of the system. 4. If any additional construction is necessary to extend lines from existing mains to the applicant's property or subdivision, it shall be constructed at applicant's cost, unless the city council authorizes extension of such main at city expense because of special circumstances such as (a) size and nature of future service area, (b) distance from existing main, or(c) conformance to the water master plan. C. Funds or money collected for installing service connections and water connection fees shall be deposited into the water fund of the city. 5 D. When it is necessary for the city to make an expenditure, the following interests of the city shall be considered: 1. [No Change I through 4] 5. Is the investment required by a federal or state mandate to meet new water quality or other such regulations? E. [No Change to text] F. Reimbursement agreements may be made where a main is extended by a developer beyond the terminus of the existing system and which makes individual domestic service available to other property owners along the frontage of the extension. Duration of the agreement is ten years. 14.08.135 Encroachment permits and plan review. A. It is unlawful for any person or organization to construct, enlarge, alter, repair, relocate, abandon or demolish a city system water line, without first filing an application and obtaining an encroachment permit from the department of public works. An application shall be made by the owner of the property involved, or an authorized agent employed in connection with the proposed work. B. [No Change to subsections B or C] 14.08.150 Control valves. The customer shall have a valve on his or her side of the service installation to control the flow of water to the piping on his or her premises. The customer shall not use the meter control valve to turn water on and off to his or her premises. 14.08.160 Cross-connections. No water service connection shall be installed or maintained by the city unless the water supply is protected in accordance with the city's cross-connection control program. Service of water to any premises shall be discontinued by the city if a required cross-connection control device is not installed and maintained or if it is found that a cross-connection control device has been removed or bypassed or if an unprotected cross-connection exists. Service will not be restored until such conditions or defects are corrected. All cross-connection control devices shall be safely accessible to authorized employees or agents of the city at all times for inspection, testing, and maintenance. The city will certify cross-connection control devices on an annual basis, and customer shall solely bear all costs of repair and replacement if device fails inspection test. 6 i 14.08.1.90 Fire hydrants—Use. Fire hydrants are provided for the purpose of extinguishing fires and are to be opened and used only by the Water Utility, Fire Department, or such persons as may be specially authorized therefor by the Director. Other parties desiring to use fire hydrants for any purpose shall apply for, and obtain, temporary service in accordance with section 14.08.075 –Temporary Service. 14.08.200 Fire hydrants—Moving. Fire hydrants will be moved at the request of property owners where such requests are reasonable and practicable in the sole judgment of the Director. All costs shall be borne by the party requesting the relocation. 14.08.230 Customer responsibility for maintenance. Customers shall prevent leakage of water and shall keep their service pipes, fixtures, control valves, pressure regulators, and other appurtenances., excepting the service installed and owned by the city, in good repair and free from leakage at customer's own expense, and each customer shall be liable for all damages which may result from customer's failure to do so. If customers fail to make necessary repairs to prevent water loss and related nuisance, the city may disconnect the services upon ten days'notice to the occupant. 14.08.240 Unauthorized tampering with supply. No one except an authorized employee of the Water Utility or Customer Service Department shall turn the water on or off from any building or premises at city, meter control valve or connect or disconnect or in any way tamper with any pipes in the meter boxes or with any other part of the water system of the city. 14.08.280 Drilling. No person shall drill for water within the corporate limits of the city without first obtaining approval from the Director and a permit from the Shasta County Environmental Health Department. Any premises connected to the city water system and served by a water well shall protect the city water system with an approved cross-connection control device. 14.08.290 Proration of charges. Opening and closing bills for less than the normal billing period shall be prorated as to minimum charges. Closing bills may be estimated by the Customer Service Department for the final period as an expediency to permit the customer to pay the closing bill at the time service is discontinued. 7 14.08.300 Billing of separate meters. Separate bills shall be rendered for each metered water service connection. 14.08.310 Establishment of connection charges and service rates. Connection charges, service rates, and other fees schedules in connection with the water distribution system as set forth in this chapter shall be adopted by a resolution of the city council. Connection charges are established by RMC Section 16.20.080. 14.08.320 Rates—Standard. In fixing and establishing water rates for service within the city's water service area, the city council shall be guided by and must conform -to and abide by the provisions of this section. Water rates shall be sufficient to produce sufficient revenue to pay all the costs of operation and maintenance of the Water Utility and the water system, and to discharge and pay all costs in connection with the additions and betterments to the water system, and to discharge and pay all costs of depreciation and obsolescence of the water system, and to discharge and pay the bonded indebtedness, including the principal and interest amounts thereof incurred by the city to construct the water system, and to establish and maintain a reserve fund not to exceed ten percent of operating costs. 14.08.340 Due date—Shutoff for nonpayment. All water rates and other fees set forth in this chapter are due and payable on the date of billing thereof, and become delinquent twenty days thereafter. If the bill remains unpaid thirty- five days after the billing date, the Customer Service Department or Water Utility of the city shall have the discretionary power to cut off water for nonpayment if nonpayment continues after demand. This discretionary power shall not be exercised where a good-faith basis exists to dispute the correctness of the billing tendered. 14.08.370 Fire service lines. A. Fire service systems shall be furnished in conformity with Uniform Building Code and Uniform Fire Code requirements applicable and as provided for herein: 1. The installation of fire service lines through public rights-of-way to serve private fire hydrants or private sprinkling systems shall be the responsibility of the owner requesting such service, including all work required to install the fire service line from the city's distribution main to the city's right-of-way line. All work on private rights-of- way shall be done in accordance with city construction standards for fire service construction and shall be performed by a licensed contractor approved by the city. All work on public right-of-ways shall be done under encroachment permit and in accordance with city construction standards for fire service construction and shall be performed by a licensed contractor approved by the city. 8 2. All commercial fire service lines shall be equipped with a cross-connection control device installed in accordance with city construction standards. 3. [No Change to subsection A.3 through A.5] B. The city Water Utility shall inspect and maintain all fire hydrants on public and private property. The property owner shall maintain free access at all times that the premises are open for business so that the Water Utility can inspect and maintain the fire service and hydrant. .All leads and hydrants located on private property shall be in an easement. The easement shall be defined as a fire hydrant extension easement. Section 3. Title 16 (Utilities), Chapter 14.16 (Sewers), 14.16.020, 14.16.205, 14.16.215, and 14.16.230 through 14.16.245 are hereby amended to read as follows: 14.16.020 Definitions. For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section. For terms in the chapter not defined in the section, see Chapters 16.16, 16.20 and 18.40 of the code. [No change to definitions of"Aliquot"through "Daily Maximum limit"] "Director" means Public Works Director, or his designee. [No change to definitions of"Domestic wastewater"through "Stormwater"] "Subtractive water meter" means a secondary water service meter installed after and off of the primary water meter at the same service location to provide metering of nonsewer discharged water and separate metering at commercial locations having both high- and low-strength wastewater discharges to the same sewer lateral. [No change to definitions of"Suspended Solids(SS)"through "Wastewater Treatment Plant"] 14.16.205 Fees and charges. In addition to the connection charges set forth in RMC Section 16.20.090, the following fees shall be paid to the city: A. Line Tap Charge. A line tap charge shall be assessed an applicant whenever the city makes a connection for the applicant to a public sewer. The city shall tap lines less than ten inches in diameter whenever a "Y" or "T" branch is not available for connection to the premises. Line tap charges are based on the size of the sewer to be tapped and the 9 1 size of the branch desired by the applicant. The charges for a line tap will be the charge as approved by the Council in the current Schedule of Fees and Service Charges. The Applicant shall be required to make a hot tap to the sewer line at the applicant's expense for lines ten inches in diameter and larger. The city shall be notified in advance.in order to inspect the tap. A line tap charge shall not be assessed for taps made by the applicant. 1.4.16.215 Deposits. The Public Works Director or his delegate shall have the authority to require any person liable to pay any fee or charge provided for in this chapter or adopted by city council to make a reasonable deposit with the city to ensure the collection of the fees and charges. 14.16.230 Sewer connection charges. Sewer connection charges as set forth in RMC Section 16.20.2 10 shall be paid to the city in accordance with provisions in RMC Chapter 16.20. Where a new, changed or expanded use of the property causes or has the potential to cause increased impact to the POTW, the applicant shall pay those applicable charges for the increased impact. No sewer connection shall be made until all appropriate charges have been paid. Sewer connection charges include a connection charge and line tap charge. 14.16.234 Connection charges constitute a debt to the city. All charges relating to sewer connections applicable to any premises provided for in this chapter shall be deemed a debt owing to the city, and any person who makes a sewer connection to a public sewer without having paid applicable charges in full shall be liable in a civil action in the name of the city in any court of competent jurisdiction for the amount of the fees described above, in addition to being subject to criminal prosecution as provided for in this code, and having his or her sewer disconnected from the city's system. The conviction or punishment of any person for a misdemeanor violation in connection with the connection to a public sewer without first obtaining a permit to do so shall not relieve the person from paying the charges due and unpaid applicable to connection. 14.16.240 Sewer service charges. A. [No Change] B. The following classes of users shall be established: 10 L [No Change] 2. Class II. Users that discharge a wastewater similar in strength to that of domestic wastewater. a. Users that discharge essentially all water used as measured by a water meter installed by the city shall be assessed a fee per hundred cubic feet of water used but not less than one household equivalent. b. Users that discharge only a portion of the volume of water used as measured by a water meter installed by the city shall be evaluated at the discretion of the Director or at the request of the user, and an equitable charge shall be assessed. The charge may consist of: i. A household equivalent value averaged over the entire year, but not less than one household equivalent, or ii. A yearly constant charge based on the volume of water used during each of certain months of the year, but not less than one household equivalent. Users in this class may include those that (a) use a significant volume of water for irrigation or evaporative cooling; (b) use a significant volume of water in product processing, manufacturing, or storage that is not discharged to a public sewer; (c) have a highly seasonal discharge, including overnight campers and trailer parks and transient mobile housing units such as hotels and motels; or (d) consist of more than one user on a single water service. If there develops a disagreement with regard to the charge to multiple users on a single water service, the Director may either require individual meters to be installed1 require the installation of a subtractive water service meter at the property owner's expense to meter the user having the more extensive wastewater use, or require all wastewater billing for this multiple user water system to be applied to the single master water meter account. 3. Class III. Users that discharge a wastewater greater than domestic wastewater in strength. a. Any premise having multiple users utilizing a single water service meter for said premise, shall be billed for monthly sewer service based upon the most intensive class of wastewater user served by the single water service meter. If there develops a disagreement with regard to the most intensive class of sewer user or the distribution of wastewater among the multiple users, the Director may either require an individual water service meter be installed at the property owner's expense to meter the user having the more intensive wastewater use classifications require the installation of a subtractive water service meter at the property owner's expense to meter the user having the more intensive wastewater use classification, or require all wastewater billing for this multiple user water system to be applied to the single water meter account. b. [No change to subsections b through d] 11 4. Class IV. Users that have no prior history of water use. These users shall be evaluated on a case-by-case basis by the Director, and an equitable monthly charge shall be assessed for a maximum of twelve months. The assessment shall be based on methods used to assess charges for Class I1 and Class II1. Dischargers shall be reassigned to another class as appropriate. 14.16.245 Obligation to pay sewer service fees. The responsible party paying for a water service connection at any given premise, except where a premise has a shared water service connection serving a mixed use of commercial and residential/multifamily tenants, shall also be the responsible party for monthly sewer service charges of the same premise at the applicable rate for the sewer service provided. In all cases where water is supplied to several commercial tenants from one water connection or tap, the city contracts only with the owner of the property or his authorized agents as the responsible party for monthly sewer service charges of the same premise at the applicable rate for the sewer service provided. While any premises connected to the wastewater collection system shall be vacant, the regular minimum sewer service charge shall be payable for the premises by the owner thereof, whether or not sewer service is used, if water is connected to or available for use on the premises. Section 4. The passage of this ordinance is not a "project" according to the definition in the California Environmental Quality Act and therefore is not subject to the provisions requiring environmental review. Section S. This ordinance shall take effect thirty days after adoption and the City Clerk shall certify the adoption thereof and cause its publication according to law. I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council at a regular meeting on the 3rd day of December, 2013; and was duly read and adopted at a regular meeting on the 7th day of January, 2014, by the following vote: AYES: COUNCIL MEMBERS: Cadd,Jones,McArthur,Sullivan,& Bosetti NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None . ' RICK BOSETTI,Mayor Attest: Form Approved: Z6 Isn, PAMELA MIZE-*City t rerk RICHARD A. DUVE ,City Attorney 12 CAU—WAGELBID.a.se Wlffi 9 16 ff—GX CN,Upd-1018C q