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Home My WebLink About11A - 2ND READ ORD SEWERCITY COUNCIL MEETING DATE: DECEMBER 15, 2015 TITLE: ORDINANCE SECOND READING: AMENDING CHAPTER 39 OF THE MUNICIPAL CODE TO DEFINE SEWER LATERAL OWNERSHIP {STRATEGIC PLAN NO. 5, 1} CITY ANAGER Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER On December 1, 2015, the following Ordinance was introduced for first reading and City Council authorized publication of title by a vote of 7 -0: ORDINANCE NO. NS -2887 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 39, ARTICLE III OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO SEWER FACILITIES STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council ATTACHMENT: Ordinance No. NS -2887 11 A -1 11 A -2 (KCN 10119/15) ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 39, ARTICLE III OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO SEWER FACILITIES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. California Government Code Section 38900 grants authority to a "city legislative body" to "construct, establish, and maintain drains and sewers." However, the Government Code does not provide definitions for terms relating to sewer systems. B. The City owns and maintains a sewer collection system comprised of 390 miles of sewer main which collects and conveys sewage from over 45,000 sewer laterals. C. In 2001, the City adopted an Ordinance creating a sewer enterprise fund and sewer service charge; a portion of funds collected is used by City forces to repair or replace sewer laterals located in the public right of way. D. The City of Santa Ana Public Works Agency has historically provided information and guidance explaining that all sections of the sewer system located on private property and underneath public rights of way are the responsibility of the homeowner. E. The City Council has determined that formal codification of terms relating to sewer systems serves to clarify any potential confusion and provide clear guidance to homeowners in regards to ownership and responsibility for maintenance of sewer laterals. Section 2. The adoption of this ordinance is exempt from the California Environmental Quality Act and a Notice of Exemption will be filed if this ordinance is adopted. Exhibit 1 Ordinance No. NS -XXX Page 1 of 5 11 A -3 Section 3. Sections 39 -47 — 39 -50- Reserved. of the Santa Ana Municipal Code are hereby amended to read as follows (new language underlined, deleted language in strikeout for tracking purposes only): Secs. 39 -47 -39-50 39 -49. - Reserved. Section 4. Section 39 -50 is hereby deleted from Chapter 39, Article II of the Santa Ana Municipal Code and added to Chapter 39, Article III. Section 5. Section 39 -50 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Section 39 -50. - Definitions. (a) SEWER MAIN means the main line sewer, used as a trunk line or major channel of passage for transporting sewage and waste constructed in a street highway, alley, place or right -or -way dedicated to public use. It shall not include sewer laterals or any portion of them. (b) SEWER LATERAL means that entire connecting sewer line running from sewer main to the private property line and extending to the structure to which it connects. (c) UPPER SEWER LATERAL means that portion of the sewer lateral that extends from the private property line to the structure to which it connects. (d) LOWER SEWER LATERAL means that portion of the sewer lateral that extends from the sewer main to the private property line. Section 6. Section 39 -50.1 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Section 39 -50.1. - Ownership. The City shall in no way whatsoever be responsible for any damage to persons or property because of any leakage breakage or seepage from or accident or damage to, any sewer pipe or its appurtenances located on any private premises nor shall the City be responsible for or on account of any damage iniury or loss caused directly or indirectly by the existence on private premises of any sewer pipe or its appurtenances. A sewer lateral from its connection to a building on the property to its point of connection with the sewer main shall remain the responsibility of the property owner or user with regard to maintenance, repair and upkeep. All sewer laterals shall be maintained by the owner of the property or user served by such lateral in a safe and sanitary condition so that there is no seepage of waste at any point up Lo and including the junction of the sewer lateral and the sewer main and so that Ordinance No. NS -XXX Page 2 of 5 11 A -4 (KCN 10/19115) passage of waste throuqh the lateral to the sewer main is free from stopple and obstruction; all devices and safequards which are required by this chapter for the operation thereof shall be maintained in good working order. Section 7. Section 39 -50.2 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Section 39 -50.2. — Repair by City Forces. (a) Repair and maintenance of all sewer mains dedicated to the City shall be the responsibility of the City's sewer enterprise (b) Except as provided herein repair and maintenance of all privately -owned sewer mains and all lateral lines equipment and appurtenances connected to the City sewer mains shall be the responsibility of the owner /user, and shall meet the requirements contained in Chapter 39 Article III of this Code. (c) The City's sewer enterprise may perform the repair and maintenance of all lower sewer lateral lines within the public right -of -way, at the discretion of the Director of Public Works and so long as funds are available in the sewer enterprise to perform said repair and in accordance with Resolution NS -2479. Section 8. 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. ADOPTED this day of __ 2015 Miguel A. Pulido Mayor Ordinance No. NS -XXX Page 3 of 5 11 A -5 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: �C Kyl . Nellesen De - ty City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Ordinance No. NS -XXX Page 4 of 5 11 A -6 (KCN 10/19/15) CERTIFICATE OF ATTESTATION 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: Ordinance No. NS -XXX Page 5 of 5 Clerk of the Council City of Santa Ana 11 A -7 11 A -8