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HomeMy WebLinkAboutReso 1977-8883l RESOLUTION NO. 8883 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RESCINDING RESOLUTION NO. 2948 AND APPROVING RULES OF INTERPRETATION AND PROCEDURE FOR ADMINISTRATION OF REQUESTS FOR VARIANCE FROM SEWER SERVICE CHARGE NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that Resolution No. 2948 be, and the same is hereby rescinded, and those certain rules of interpretation and procedure for administration of requests for variance from sewer service charge, a copy of which is attached hereto and made a part hereof, as though fully set forth herein, are hereby approved. Presented by ~~ f1 c'~~ ~ ~~1 W. J. Rob s, Director of Public Works Approved as to form by ~~ George D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 8th day of November ~ 197L~ by the following vote, to-wit: AYES • Councilmen Egdahl, Hobel, Cox, Hyde, Scott NAYES: Councilmen None ABSENT: Councilmen None V v Jl~~ - ( ` Mayor of the City of Chu Vista ATTES // ` City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) City of a full, same has I, , City Chula Vista, California, DO HEREBY CERTIFY that true and correct copy of Resolution No. , not been amended or repealed. DATED Clerk of the the above is and that the City Clerk Exhibit "A" RULES OF INTERPRETATION AND PROCEDURE FOR ADMINISTRATION OF REQUESTS FOR VARIANCE FROM SEWER SERVICE CHARGES 1. For the purpose of administering Section 3.20.030A of the Chula Vista Municipal Code, hereinafter referred to as the "Code", the term "average sewage" shall be used as a basis in determining grounds for granting variances as well as a basis upon which to establish rates to be paid by users under variance. Normal anticipated volume of flow indicated by the term "average sewage" shall include flows within the range from 80 gallons to 100 gallons of sewage for each 100 gallons of water consumed. No variance shall be granted or imposed upon any user whose flow is within said range except as specified under Item No. 2 below. Rates for users whose flows are not within the range permitted for average sewage shall be determined on the basis of relative volume of sewage flow from such premise as compared to "average sewage" as defined in the City Code. No variance shall be granted or imposed upon single family dwelling units based solely upon the volume or type of flow from said units. 2. Commercial or industrial sewage which continuously or periodically exceeds the amounts specified under "type" for "average sewage" in Section 3.20.030A of the Code, may be subject to upward adjustment of sewer service charges by the City Manager. Discharges shall be of the quality and quantity permitted under any pertinent Chula Vista regulations governing industrial .wastes, which are currently in force. Discharge requirements may change subject to enactment of new regulations. 3. A fire service connection (section 3.20.032A1 of the Code), is defined as a connection feeding a system designed as pre- scribed by the Board of Fire Service Underwriters, and used exclu- sively to combat incendiary emergencies. No sewer service charge shall be assessed for such connection. 4. Non-sewered premises including residential, commer- cial, industrial and public classifications shall be exempt from the sewer service charge so long as no connection is made to the public sewer. This exemption shall also extend to the connection to a temporary meter where all water from the service is used for the purpose of constructing subdivision improvements, public improve- ments, and commercial, industrial and public buildings. 5. Upon initial installation of a new meter to premises to be used for single family residential purposes, sewer service charges shall be imposed as of the date of said meter installation. -2- 6. In reference to Section 3.20..040 of the Code, sewer service charges for initial bills, monthly bills, or opening or closing bills, shall be computed as follows: A. Any period of 27 through 33 days, inclusive, shall be considered as one month's usage for which no prorate in billing shall be made. B. For purposes of prorating as allowed herein, the total number of days in an average month will be taken as 30.4 days. C. Prorate of fixed monthly sewer service charges for periods less than 27 days will be computed on the basis of the number of days in the period in question to the total number of days in an average month, as defined above. D. Prorate of variable monthly charges based upon volume of water used is automatically provided and no fur- ther prorate shall be made. For initial bills, or opening or closing bills, the specified minimum for such users shall be considered not applicable. The charge shall, instead, be computed on the basis of water used. E. Billing period (monthly or bi-monthly) for any given user shall be the same as that established by the Sweetwater Authority and/or Otay Municipal Water District. Where bi-monthly bills are established, sewer service charges for irregular periods will be computed in accordance with the above provisions, except that periods of 54 through 66 days, both inclusive, will be considered as two months. 7. Procedure in making application: A. Application for sewer service charge variance shall be made to the City Manager on the form entitled "Application for Sewer Service Charge Rate Review". B. The Director of Public Works shall be responsible for completing the "Investigator's Report" portion of the application form. The Director shall have the author- ity to require submission by the applicant of perti- nent technical data by competent authority. The Investigator's Report shall include recommendation concerning approval or disapproval of the variance request based upon the available evidence. C. Following completion of the Investigator's Report the application shall be reviewed by the City Manager. The City Manager's recommendation shall be transmitted .. .. ~ -3- to both the applicant and the City Council. The applicant shall be advised of the time when the matter is to be considered by the City Council. D. Council action shall be in the form of a resolution and shall be final. 8. Review and Termination of Variances: A. Variances are granted to cover a given set of con- ditions at one location. When any of the conditions are changed, the variance is subject to alteration. B. All variances shall be subject to annual review by the City Manager to determine if the variance should be continued. C. Any variance recommended for alteration by the City Manager will be forwarded to the City Council for action. INVESTIGATOR'S REPORT RECOMMENDATION DATE: INVESTIGATOR: RECOMMENDATIONS APPROVED: Sweetwater Authority - notified of change By: Date Otay Municipal Water Dist. notified of change By: Date