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Home My WebLink About09. Water-Right of Entry AGENDA MEMO DATE: April 27, 2010 TO: Mayor and Members of the City Council FROM: Office of the City Manager By: Brian A. Ragland, Director of Public Works SUBJECT: AN ORDINANCE AMENDING ARTICLE VII – “STREETS AND PUBLIC WORKS”, CHAPTER 3 – “WATER DIVISION RATES AND REGULATIONS”, SECTIONS 7302 – “RIGHT OF ENTRY” AND 7303 – “REFUSING ADMITTANCE” OF THE DOWNEY MUNICIPAL CODE. RECOMMENDATION: That the City Council introduce: AN ORDINANCE AMENDING ARTICLE VII – “STREETS AND PUBLIC WORKS”, CHAPTER 3 – “WATER DIVISION RATES AND REGULATIONS”, SECTIONS 7302 – “RIGHT OF ENTRY” AND 7303 – “REFUSING ADMITTANCE” OF THE DOWNEY MUNICIPAL CODE. BACKGROUND: City Council recently adopted a resolution on March 23, 2010 establishing new sanitary sewer rates. The new rate structure has both a fixed bi-monthly component as well as a variable bi-monthly component. The variable component is based on units of water flow, determined as bi-monthly metered water use. Sanitary sewer service in the “triangle” east of the San Gabriel River is provided by the City. Water service for 114 customers in this area is provided by Golden State Water Co. (GSW). As water service in this area is not provided by the City, the City does not have the water consumption data necessary to accurately charge these 114 sewer customers for the variable component of the new sanitary sewer rate. Staff has asked GSW to provide the City with the bi-monthly water meter readings for the affected parcels but GSW has declined citing California Public Utilities Code Section 588 as not allowing them to release water consumption data by name or address. DISCUSSION: GSW currently has a franchise agreement (Franchise) with the City to maintain its water meters and other water facilities within the City’s right-of-way. According to the Franchise, GSW’s right to maintain water facilities such as meters is subject to all applicable ordinances, rules, and regulations “heretofore or hereafter” adopted by the City Council in the exercise of its police powers. In lieu of entering into a billing services agreement for GSW to bill for sanitary sewer service for the City on its bi-monthly water bills, staff is proposing to revise Section CITY OF DOWNEY, CALIFORNIA Mayor and Members of the City Council Water Ordinance Amendment April 27, 2010 Page 2 7302, Chapter 3, Article VII of the Downey Municipal Code to enable it to inspect utility facilities, such as GSW water meters located in the City’s right-of-way. This will allow the City to read the GSW water meters itself for the purposes of sanitary sewer billing. GSW must abide by the proposed ordinance, if adopted, or it will breach its Franchise with the City allowing the City the ability to void the Franchise. FINANCIAL IMPACT: The approximate cost associated with City staff reading the 114 GSW meters will be $1,400 per year. Entering into a billing services agreement for GSW to bill sanitary sewer service for the City would include a $2,100 set up fee, $1,400 in annual “Bill Rendered Charges” which will be subject to annual increases, and miscellaneous overhead costs associated with GSW staff time assisting with billing dispute resolutions, refunds, and other administrative issues. Attachment: Ordinance S:\AgendaMemosCC2010\04-27-10\IntroduceWaterOrdinance ORDINANCE NO. _____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE VII – “STREETS AND PUBLIC WORKS”, CHAPTER 3 – “WATER DIVISION RATES AND REGULATIONS”, SECTIONS 7302 – “RIGHT OF ENTRY” AND 7303 – “REFUSING ADMITTANCE” OF THE DOWNEY MUNICIPAL CODE. WHEREAS, the City of Downey (City) adopted Resolution 10-7182 on March 23, 2010 establishing sanitary sewer rates for the City; and WHEREAS , the new sanitary sewer rate structure has both a fixed bi-monthly component as well as a variable bi-monthly component, the variable component being based on units of water flow, determined as bi-monthly metered water use; and WHEREAS , water service for 114 customers in the “triangle” east of the San Gabriel River is provided by Golden State Water Co. (GSW) while sanitary sewer service for these same customers is provided by the City; and WHEREAS, GSW’s ability to transmit and distribute water and use associated water facilities within the City is governed by a “Franchise” established via Ordinance No. 386 adopted November 9, 1970; and WHEREAS, according to the Franchise, GSW’s right to maintain facilities such as water meters is subject to all applicable ordinances, rules, and regulations “heretofore or hereafter” adopted by the City Council in the exercise of its police powers; and WHEREAS, the City desires to read GSW water meters itself for the purposes of sanitary sewer billing and is subsequently amending the Downey Municipal Code as provided below to allow for such; and WHEREAS , GSW must abide by this ordinance, if adopted, or it will breach its Franchise with the City allowing the City the ability to void the Franchise. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES ORDAIN AS FOLLOWS : SECTION 1. Sections 7302 and 7303 of Chapter 3, Article VII of the Downey Municipal Code are amended to read as follows: SECTION 7302. RIGHT OF ENTRY. Upon presentation of official identification, any employee of the Division, when on official business, shall be allowed free access at all reasonable hours to any premises and associated facilities supplied with City or non-City water within City boundaries. Any employee of the Division shall have free access at all times to inspect utility facilities within City right-of-way and review and use any utility service usage information obtained from such facilities. Inspection under this Section shall include but not be limited to touching and manipulating utility facilities, including warming up meters by ORDINANCE NO. PAGE TWO torch to purge vapor condensation. Should such access and inspection require the unlocking of utility facilities by an employee or representative of the utilities in question, the facilities shall be unlocked for such purposes by the next business day after notification by the City. SECTION 7303. REFUSING ADMITTANCE. No person, as owner or occupant of any premises and associated facilities within City boundaries supplied with City or non-City water, shall refuse admittance to, or hinder or prevent inspection by an authorized employee of the Division when on official business, and if any person, as owner or occupant of such premises, does so refuse, hinder, or prevent, the water to such premises may be shut off. No owner of any utility facilities within City right-of-way shall refuse admittance to, or hinder or prevent inspection by an authorized employee of the Division when on official business, and if any owner of such utility facilities, does so refuse, hinder, or prevent, the utility company’s Franchise or other Agreement allowing the utility company to operate within the City may be voided. SECTION 2. Effective Date. This Ordinance shall become effective thirty (30) days from and after its adoption. SECTION 3 . The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. APPROVED AND ADOPTED this day of , 2010. ________________________________ ANN M. BAYER, Mayor STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss: CITY OF DOWNEY ) ATTEST: _______________________________ KATHLEEN L. MIDSTOKKE, City Clerk I HEREBY CERTIFY that the foregoing Ordinance No. was introduced at a regular meeting of the City Council of the City of Downey held on theday of , 2010, and adopted at a regular meeting of the City Council of the City of Downey held on the day of , 2010, by the following vote, to wit: ORDINANCE NO. PAGE THREE AYES: Council Members: NOES: Council Member: ABSENT: Council Member: ABSTAIN: Council Member: I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. , was published in the _____________, a newspaper of general circulation in the City of Downey, on ________________, 2010 (after introduction), and on ________________, 2010 (after adoption, including the vote thereon). It was also posted in the regular posting places in the City of Downey on the same dates. ___________________________________ KATHLEEN L. MIDSTOKKE, City Clerk