Loading...
HomeMy WebLinkAboutReso 1971-5907 IlliSOLuTIO.. NO. 5907 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RESCINDING THE GRANT OF SEWER SERVICE CHARGE VARIANCE TO THE GOLDEN ARROW DAIRY LOCATED AT 595 "c" STREET IN THE CITY OF CHULA VISTA The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, by Resolution No. 3042 adopted on the 12th day of December, 1962, the City Council of the City of Chula Vista granted a sewer service charge variance to the Golden Arrow Dairy located at 595 "c" Street in the City of Chula Vista, and WHEREAS, said property has been connected to public sewer, most of the irrigated area has been replaced by pavement, and the sewage generation now falls within the 55% to 85% range of water delivered to the site, and the property is therefore no longer eligible for sewer service charge variance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula vista that Resolution No. 3042 adopted on the 12th day of December, 1962 be, and the same is hereby rescinded. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to forward a certified copy of this resolution to the California-American Water Company and to the Golden Arrow Dairy, 595 "c" Street, Chula Vista, California. Presented by ~C/ f/~NJ~~ ~~: Cole, Director of Public Works Approved as to ~r' George DrLindberg, City ADOPTED AND APPROVED VISTA, CALIFORNIA, this 12th following vote, to-wit: by the CITY COUNCIL of the CITY OF CHULA day of January , 192.!-, by the AYES: ABSTAINED : NAYES: Councilmen Councilman Councilmen Egdahl, Habel, Hamilton, Hvde Scott None ABSENT: ~..0 ATTEST . ~ ~ ~~ ~ ity Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA ) Councilmen None , City Clerk of the City of Chula that the above is a full, true and , and that the same has not been I, Vista, California, DO HEREBY CERTIFY correct copy of Resolution No. amended or repealed. DATED City Clerk ',' January 7, 1971 FROH: Lane F. Cole, Director of Public Works W. E. Harshman, Division of Engineering ~C:{/~~~ TO: SUBJECT: Sewer Service Charge - Golden Arrow Dairy Variance Rescission The City Council has requested submission of additional data regarding costs associated with the above referenced action. During recent years this .user has (1) connected to public sewer and (2) substantially reduced the area of irrigation at the site. Under the now-existing variance the property is subject to a flat $1.50 per month sewer service charge. At the time when the variance was granted, the normal charge was about $5.40 per month (based upon $18 per month total water cost); "Current water usage is approximately 3-1/2 times what it was at the time of granting the variance, . The typical cost for water during 1970 was $51.00. Therefore, without variance, the monthly sewer service charge .in1970would have been $14.28. . Thus, on an annual basis the sewer service charge for the Golden Arrow Dairy will increase from $18.00 to $171.36 (or approximately a ten.to one increase). Based upon available information, it is estimated that City income from this site will increase approximately $150 per year. WEH/b ~5 !!JC/Ut ',' ~ .. '--.-'-- ,. ,. ~ ----. H r'--''''--- .-..-.." ..~..." -.. ~':;'- -<'. .,' . ,.~~~'~~~J~_h__~~ __ . '4- r;--\~:;:=-:;;" . . ~ . . - -. ,:/. ;( /w" i.:' i " . . ....-.. yl". 1,.(., -.: I :, i . lriS..'.::..;~' ,,; .v I ;'~~l,l~'-IUJUJ:' .~ ; if 1. ":;l.,.. ,~rK-r:10) ! ' . ~; ~, J f. a> '':; ,~ I ) I~I ' ,. I ' . :-: C" I . , :1 . >: J . G,. ,::-. '_____-.- I ) ~ r: f . ," "J.~. r . ':,\.. I -'- -.:, .I n -. (::t :::: :..)-..... . .1 c I ~ i < .1 I I I I I I I ~.: .. / ! ,----.:. . . . . .. I I . I . '-----------.----.-. . I I I I " ! C:::::--.../ :' .. . f/'':- r. , I ~, fl;:- 1,1!;' . f ;;: !,~ -';1''''' . . l'o,j) . , , , , t. .. ", .---....._---.... .'., -'--.. ! " " "--- '.-... -~. ! I / , ,/ ! / , . / i- r / I I I " I -I -'-- " -'~-""CRcs. 5Cj07 ORDI~.AI'liCE NO. 807 ORDI:i\'AXCE OF THE CITY OF CHULA VISTA ES'I',\.BLISHIXG A SE'WER IlEVI<;XUE FUXD A~D ESTABLISHIXG SEWER SEll VICE CHARGES 'VHEREAS, the City of Chula Vista has obligated Itself by rea- son of the Metropolitan Sewage Disposal Agreement to the Ci~y of San Diego for certain periodic payments, including an annual Capaclt~' Service Charge in ex- cess of $300,000.00, and an annual Maintenance and 0 per a t ion Charge initially of $63,057.00, and 'VHEREAS,' It Is necessary to produce revenue to offset t.he increased expenditure by the City of Chula Vista. . NO\V, THEREFORE, the City of Chula Vista does ordain as fol- lows: The Chula Vista City Code Is amended by renumbering Section 26.76 to Section 26.90, and by adding the following Sections to Chapter 26 to be designated as Article VI Sewer S e r v ice Charges. Sectlnn ::6.So--Sewcr Service Rev- enue Fund a) There is hereby established a fund to be designat.ed "Sewer Service Revenue Fund," b) All revenue derived from the following servIce charges shall be deposited Into the said "Sewer Service Revenue Fund." c) Xothing herein shall be construed as supersec)ing or con- flicting with the .exlsting Sewer Income Fund. d) The said fund shall. be used solely for the followll1g llurposes unless the City Council shall by 4/5 vote appropriate such funds for another purpose provided such purpose shall be for the construction, maintenance 01' operation of sewers or incI- dental thereto, including any charge for its collection: 1. San Diego Metropolitan Sewer Annual Capacity Charge. 2. San Diego Metropolitan Sewer Annual Maintenance and Opera tion Charge. Section 20,81 In addition to other fees, as- sessment"'. or charges provided by the City Code or otherwise, the owner or occupant of any parcel of real property which said parcel is connected to the sewer system of the City of Chula V18t.a and/or to a water system malntalnerl by the California ,Va- ter a.nd Telephone Company or the Otay :\IuniclpaJ Water District shall pay a sewer service charge as follows: 1. Domestic, The domestic sew- er service charge for each single family dwelling unit serviced by a separate water meter shall be one dollar and sixty cents ($1.60) per month. 2. Domestic. A monthly sewer service charge for other parcels of real property used for domes- tic purposes as herein defined, and serviced by a water met.er shall be 30% of the amount of the total water bill for the prop- erty, but in no case less than one dollar and sixty cents ($1.60) per month, nor more than one dol- lar and sixty cents ($1.60) per dwelling unit per month. 3. Commercial and Industrial. A monthly sewer service charge for premises other than domestic purposes shall be 30%, of the gross water bill for water serv- Ice as computed In accordance with the rates as established by the supplier of water thereto, hu t In no case shall be less than one dollar and sixty cents ($1.60) per month. 4. Definition. For purpose of this section, real property shall be deemed to be used for do- mestic purposes when such prop- erty Is used solely for single family residence or the furnish- ing of lodging by the operation of hotels, auto courts, apartment houses, bungalow courts, hous- ing units, rooming houses, mo- tels trailer parks, or the rental of property for lodging purposes. Section :.:a.S2-Varlance a) The Chief Administrative Officer shall have the power to grant variances and to establish rules and regulations for the granting of such variances from the established sewer service charges upon his own initiative, or when the owner or occupant of any premises applied therefor as hereinafter provided, and one or more of the following situa- tions exist provided such vari- ance and rules and regulations shall be approved by resolution of the City Council. 1. 'Vhere the sewage from any plant, building, or premises of an industrial or commercial char- acter shall be substantially dif- fel'ent in volume or type from the average sewage entering the sewer system of the City. For the purpose of this sub-section, "Average Sewage" shall be: In volume, 70 gallons of sewage for each 100 gallons of water con- sumed on any plant, building or premises of an industrial or com- mercial character, and in type, :100 parts per million of suspend- eel solids and 300 pa~ts per mil- lion of biochemical oxygen de- mand. 2. "'here a substantial portion of t.he premises of an Industrial or commercial establishment is used for industrial, commercial, recreational, horticultural or ag- ricultural purposes of such a na- ture that the water supplied to such premises is not entirely or substantially discharged Into the sewer system. 3. 'Vhere a fire service con_ nection to the water system is installed. 4. "There the premises are not connected to the sewer system of the City of Chula Vista and It is not physically possible or reasonably feasible financially to connect such premises with the City sewer system. 5. 'Vhen water is supplied to premises through a separate wa- ter meter measuring irrigation water and that water is used en- tirely for irrigation purposes. 6. "'here water Is furnished from a source other than the California 'Vater and Telephone Company and/or the Dtay Munic- ipal 'Vllter District. 7. When the suppller of water changes its rates. , b) The owner or occupant of any premises subject t.o t.he sew- er service charge may apply in writing to the Chief Administra- tive Officer for a reclassification of such premises under the pro- visions of Paragrallhs a(1), a(:n. a(3), a(4). a(5), a(G) and a(7); provided however, that no rebate upon such reclassification shall be allowed for a periocI more than ninety (90) days precedIng the filing of such application. The applicant shall furnish substan- tial engineering and factual data to support the applicant's con- tention that the premises should be reclassified as provided In this section. Section 26~Payment of Sewer Service Charges a) All sewer service charges imposed under these provisions of the code shall be computed upon a monthly basis and shall be payable upon the bIlling of such charges to the owner or the occupant. b) The charges and the billing therefor may be combined with other utility bills and sepacn.tely deslgnat.ed. c) If the sewer service charge Is not paid before the close of business or postmarked before midnight of the final date for payment, a penalty of ten per cent (10%) of the amount of said sewer service' charge, said pen- alty not to exceed the amount of Three Dollars ($3.00), shall be added thereto; provided, however, that when the final day for pay- ment falls on Saturday, Sunda)', or a legal holiday, payment may be made withou~ penalty on the next regular' business day. d) In the event the owner or occupant of any premises shall be delinquent in the payment of his sewer service charge and such dellnquency shall cont.inue for a period of five (5) days after the final date for payment of such charge, the City of Chula Vista shall have the right., forthwith and without notice, to discontinue sewer service to such delinquent owner or occupant, and sewer service shall not again be sup- plied to him until all delinquent sewer service charges plus the penalties thereon as herein pro- vided have been paid. The sew- er service charge may be col- lected by suit in any court of competent jurisdiction or any other manner. Section 26.84-Sewer Service Pay- men t Deposit a) Guarantee deposits may be required from all applicanta for sewer 'service who are not the legal or equitable owners of the property to be served, except ap- plicants for domestic sewer serv- Ice. b) The Cit;y of Chula Vista shall have the right to require deposits from the- owner or oc- cupant of any premises who has allowed his bill for sewer service charge to become delinquent or who does not have an acceptable credit rating. c) Deposits shall be equal to the estimated amount of three (3) months' sewer service charges, but In no event shall the deposit be less than Five Dollars ($5.00). ADOPTED AND APPROVED by the CITY COUNCIL of the CITY 01.' CHULA VISTA, CALIFOR- NIA, this 9th day of October, I!Hi2 by the followIng vote, to- wit: A YES: CounCIlmen Smith, De- Graaf, Il-1cMains, McAllister, Men- zel. NAYES: Councilmen None. ABSENT: Councilmen None. (s) Kl<JITH W. MENZEL Mayor of the City of Chula Vista ATTEST: . (8) Kenneth P. Campbell City Clerk (SEAL) Legal No. CV~4341 Published In the Chula Vista Star-News, Chu- la Vista, Calif., Oct. 18, 1962. ~[S .!j9D1