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HomeMy WebLinkAbout2007-02-28 Packet CITY OF UKIAH CITY COUNCIL AGENDA Adjourned Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 February 28, 2007 4:30 p.m. ROLL CALL PLEDGE OF ALLEGIANCE RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. NEW BUSINESS a. Award of Contract for Consulting Services to Provide a Facility Performance Evaluation and a Toxicity Reduction Evaluation (TRE) Workplan for the Waste Water Treatment Plant (WWTP). UNFINISHED BUSINESS a. Final Adoption of Ordinance of the City Council of the City of Ukiah Amending Articles 1 and 18 of Division 4, Chapter 2 of the Ukiah City Code, Pertaining to the Definitions Used in the City of Ukiah Sewer Ordinance and to the Replacement or Repair of Sewer Laterals as further amended February 21,2007 ADJOURNMENT Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda. Dated this 23rd day of February, 2007. Gall Petersen, City Clerk ITEM NO: 5a MEETING DATE: February 28, 2007 AGENDA SUMMARY REPORT SUBJECT: AWARD OF CONTRACT FOR CONSULTING SERVICES TO PROVIDE A FACILITY PERFORMANCE EVALUATION AND A TOXICITY REDUCTION EVALUATION (TRE) WORKPLAN FOR THE WASTE WATER TREATMENT PLANT (WWTP) The WWTP is required to prepare and submit a TRE workplan to the Regional Water Quality Control Board within six months of November 9, 2006, the effective date of the issuance of the VWVTP's Waste Discharge Requirements Order No. R1-2006-0049. A TRE workplan describes the steps the WWTP intends to follow if toxicity is detected. The TRE workplan will include a description of the investigation and evaluation techniques that will be used to identify potential causes and sources of toxicity, effluent variability and treatment system efficiency and strategies to eliminate toxic substances from the effluent. A Toxicity Identification Evaluation (TIE) is a laboratory procedure to evaluate the WWTP Plant effluent that may be discharged to the river for toxics. The procedures are defined by the Environmental Protection Agency (EPA) and include protocols in three phases to characterize, identify and confirm toxicants. The WWTP needs to complete an analysis of the current effluent due to changes in the chemical balances at the plant during the construction period where some samples have shown increased toxicity levels. Written bids will be received next week and provided to the Council before the meeting. RECOMMENDED ACTION: Award purchase of consulting services to provide a Toxicity Identification Evaluation of the Waste Water Treatment Plant effluent and a Toxicity Reduction Evaluation Workplan for the Waste Water Treatment Plant. ALTERNATIVE COUNCIL OPTIONS: Reject all bids and provide direction to staff. FUNDING: Amount Bud,qeted Account Number Additional Funds Requested Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: Ann Burck, Water-Utilities-Project Engineer William Pounders, Wastewater Treatment Plant Supervisor Candace Horsley, City Manager Approved: Canda~e ~-Iorsley, City M~ager iTEM NO: 6a MEETING DATE: February 28, 2007 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING ARTICLES 1 AND '18 OF THE DIVISION 4,CHAPTER 2 OF THE UKIAH CITY CODE, PERTAINING TO THE DEFINITIONS USED IN THE CITY OF UKIAH SEWER ORDINANCE AND TO THE REPLACEMENT AND REPAIR OF SEWER LATERALS SUMMARY: The City Council revised the ordinance introduced at its February 7, 2007, regular meeting. As a result of approving those revisions, the ordinance could not be adopted until five days following the Council's February 21, 2007, regular meeting. The City Council scheduled an adjourned regular meeting for February 28, 2007, to adopt the revised ordinance. Attachment 1 is the revised ordinance as approved by the City Council at its February 21 meeting. The revised ordinance includes changes provided by the City Attorney at that meeting and two revisions to those proposed changes. One of the two revisions modified Section 3399.3 of the ordinance to strike language proposed by the City Attorney which would have required pressure testing, unless specified findings were made by the RECOMMENDED ACTION: Adopt ordinance. ALTERNATIVE COUNCIL POLICY OPTIONS: Revise ordinance and adopt revisions at the Council's March 7, 2007, regular meeting. FUNDING: Amount Bud,qeted From Acct. No. To Acct. No. Additional Funds Requested Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council David J. Rapport, City Attorney Candace Horsley, City Manager, Ann Burck, Project Engineer Utilities, Mary Grace Pawson, P.E., Winzler & Kelly, Rick Kennedy, Rick Sands Revised Sewer Lateral Inspection and Repair Ordinance -~andace Horsley, City Manager Agenda Summary Report: Sewer Lateral Ordinance Page 2 Public Utilities Director. With the deletion of that language, permitted and required testing methods will be established in standards adopted by the Public Utility Director. Under the approved revision to Section 3399.3, those standards are subject to review and revision by the City Council. This provision will give the City Council the ability to review the adopted standards and revise them, if it disagrees with them. The other approved revision modified Section 3399.7.1 to replace "building on" with "sewer lateral serving." Attachment ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING ARTICLES 1 AND 18 OF DIVISION 4, CHAPTER 2 OF THE UKIAH CITY CODE, PERTAINING TO THE DEFINITIONS USED IN THE CITY OF UKIAH SEWER ORDINANCE AND TO THE REPLACEMENT OR REPAIR OF SEWER LATERALS The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. FINDINGS. 1. The City of Ukiah (City) owns, operates and maintains a sewer collection system within its limits. 2. The Ukiah Valley Sanitation District (District) contracts with the City to operate and maintain the collection system it owns. 3. The City owns, operates and maintains a sewer treatment plant to treat, recycle and dispose of wastewater generated within the limits of the City and District. 4. The City's ability to effectively manage its sewer collection system can be affected by the proper maintenance of private sewer laterals. 5. The City's ability to regulate private sewer laterals is outlined in Division 4, Chapter 2 of the Municipal Code. 6. The modifications set forth below will facilitate the proper maintenance of private sewer laterals; SECTION TWO. Division 4, Chapter 2, Article 1 of the Ukiah City Code is amended to read as follows: ARTICLE 1. SEWERS AND SANITATION § 3700.0: DEFINITIONS The following definitions apply to this chapter. Terms not defined in this article shall have their ordinary and common meaning, or if applicable, the meaning set forth in the Plumbing Code as adopted in the City. § 3700.1: APPLICANT DEFINED: Applicant shall mean a person or entity making application under the provisions of this division for a permit for a sewer or plumbing application. An applicant shall be the property owner or an authorized agent of the property owner. § 3700.2: BOARD DEFINED: Board shall mean the Board of Directors of the Ukiah Valley Sanitation District, California. § 3700.3: BUILDING LATERAL DEFINED: 1 February 23, 2007 Building lateral shall mean that portion of a sewer lateral beginning at the foundation wall of any building or industrial facility and running to the property line or to a private sewage disposal system. § 3700.4: CERTIFICATE OF SEWER LATERAL COMPLIANCE DEFINED: Certificate of Sewer Lateral Compliance shall mean the certificate issued by the Director of Ukiah Public Utilities or his/her designee certifying that the sewer lateral complies with the standards set forth in this Chapter. Certificates of Sewer Lateral Compliance shall be valid for a period of twenty five (25) years for all sewer laterals constructed or repaired after Dec. 31, 2006; for sewer laterals that, as a result of inspection occurring after Dec. 31, 2006, are confirmed to meet the current building material standards of the City; and for sewer laterals meeting the requirements outlined in Section 3799.7 that also meet the current building standards of the City. Certificates of Sewer Lateral Compliance shall be valid for a period ten (10) years for sewer laterals that satisfactorily pass inspection occurring after Dec. 31, 2006 or that meet the requirements outlined in Section 3799.Tbut that do not meet the current building material standards of the City. § 3700.5: CITY DEFINED: City shall mean the City of Ukiah, California. § 3700.6: CITY ENGINEER DEFINED: City Engineer shall mean the City Engineer of the City. § 3700.7: CHANGE IN OWNERSHIP DEFINED: Change in Ownership means a transfer of a present interest in real property, the value of which is substantially equal to the value of the fee interest, where any consideration is paid to the grantor for the conveyance or transfer, but does not include a change in ownership resulting from a proceeding under the federal Bankruptcy Act, a judicial or non-judicial foreclosure, or a tax sale of real property deeded to the state. § 3700.8: CONTRACTOR DEFINED: Contractor shall mean a person or entity duly licensed by the State of California to perform the type of work to be done under the permit. § 3700.9: COUNTY DEFINED: County shall mean the County of Mendocino, California. § 3700.10: DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT Director of Planning and Community Development shall mean the Director of Planning and Community Development of the City. § 3700.11: DIRECTOR OF PUBLIC WORKS DEFINED: Director of Public Works shall mean the Director of Public Works of the City. 2 February 23, 2007 § 3700.12: DIRECTOR OF UKIAH PUBLIC UTILITIES DEFINED: Director of Ukiah Public Utilities shall mean the Director of the Public Utilities Department of the City. The Director of Ukiah Public Utilities or his/her designee shall perform all duties of sewer inspector under the terms of this ordinance. § 3700.13: DISTRICT DEFINED: District shall mean the Ukiah Valley Sanitation District, California. § 3700.14: DOMESTIC SANITARY SEWAGE DEFINED: Domestic sanitary sewage shall mean water carried wastes from residences, hotels, motels, restaurants and business establishments, but excluding ali ground water, surface water, storm water and industrial wastes. § 3700.15: GOOD CAUSE DEFINED: Good cause shall mean practical difficulties, including interference with the use or safety of the public right of way, adverse weather conditions, or demonstrated economic hardship. § 3700.16: GARBAGE DEFINED: Garbage shall mean solid waste from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce. § 3700.17: INDUSTRIAL WASTES DEFINED: Industrial wastes shall mean the wastes of producing, manufacturing and processing operations of every kind and nature. It shall not include domestic sanitary sewage. § 3700.18: INSPECT OR INSPECTION DEFINED: Inspect or inspection shall mean and include inspection of sewer laterals by visual inspection or by use of a TV camera and testing, including pressure testing and other testing methods listed in 3399.3. Reference to an "inspector" includes a person qualified to conduct inspections. § 3700.'19: MAIN SEWER DEFINED: Main sewer shall mean a public sewer designed to accommodate more than one sewer lateral. § 3700.20: MULTIPLE DWELLING DEFINED: Multiple dwelling shall mean a building or buildings on a single parcel for residential purposes containing more than one kitchen or having facilities for the occupancy of more than one family, including, but not limited to, the following: hotels, motels, auto courts, trailer courts, apartment houses, condominiums, duplex, rooming house, boarding house, guest house and dormitories. § 3700.2'1: NOTICE TO REPAIR: 3 February 23,2007 Notice to Repair shall mean notice issued by the Director of Ukiah Public Utilities to a property owner that the property owner is in violation of the City Code with respect to the property owner's sewer lateral, which order directs the abatement of the violation. § 3700.22: OUTSIDE SEWER DEFINED: Outside sewer shall mean a sanitary sewer beyond the limits of the City not subject to the control or jurisdiction of City. § 3700.23: PERMIT DEFINED: Permit shall mean any written authorization required pursuant to this Division or any other regulation of City for the installation of any sewerage work. § 3700.24: PERSON DEFINED: Person shall mean any human being, individual, firm, company, partnership, association and private or public or municipal corporations, the United States of America, the State of California, districts, and all political subdivisions and governmental agencies thereof. § 3700.25: PLUMBER DEFINED: Plumber shall mean a person or entity duly licensed by the State of California to perform the type of plumbing work to be done under the permit. § 3700.26: PRE-AUTHORIZED LIST: Pre-authorized list shall mean the list of qualified plumbers, contractors, or other inspectors qualified by training and experience to conduct the required inspections, developed by the Director of Ukiah Public Utilities that may perform sewer lateral inspections without direct City oversight, in accordance with the provisions of this chapter. § 3700,27: PROPERTY OWNER: Property owner shall mean the owner of the property as shown on the last equal[zed assessment roll or in the records of the Mendocino County Recorder. § 3700.28: PUBLIC DISTRICT DEFINED: Public district shall mean any district organized under the laws of the State of California which is authorized to engage in and is engaged in collecting and disposing of sewage. § 3700.29: PUBLIC PREMISES DEFINED: Public premises shall mean any premises owned of record by the City of Ukiah, the Ukiah Valley Sanitation District, the County of Mendocino, the State of California, or the United States of America. § 3700.30: PUBLIC SEWER DEFINED: Public sewer shall mean a main sewer lying within a street or easement which is maintained and controlled by or under the jurisdiction of the City and/or the District. 4 February 23, 2007 § 3700,31: QUALITY CHARACTERISTICS AND ANALYSES DEFINED: Quality characteristics and analyses shall mean as defined in the latest edition of "Standard Methods for the Examination of Water and Wastewater" published by the American Public Health Association, or EPA Standard Procedures, and all sample collection, laboratory procedures of analyses, tests, measurements and data reporting. § 3700.32: SANITARY SEWER DEFINED: Sanitary sewer shall mean a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted § 3700.33: SEWAGE DEFINED: Sewage shall mean water carried wastes from residences, business buildings, institutions and industrial establishments. § 3700.34: SEWERAGE WORKS DEFINED: Sewerage works shall mean all facilities owned or controlled by the City except private sewers, for collecting, pumping, treating and disposing of sewage, § 3700.35: SEWER DEFINED: Sewer shall mean a pipe or conduit for carrying sewage § 3700.36: SEWER COLLECTION SYSTEM DEFINED: Sewer Collection System shall mean the network of public sewers, including main sewers that transport flow by gravity, main sewers that transport flow under pressure and pumping stations, which carry sewage to the sewer treatment plant. § 3700.37: SEWER LATERAL DEFINED: Sewer lateral shall mean the sewer line beginning at the foundation wall of any building and terminating at the main sewer and shall include the building lateral and street lateral together, also referred to herein as "the side lateral." § 3700.38: SEWER SERVICE UNIT DEFINED: One sewer service unit is defined as being a single unit of sewer discharge having characteristics of flow, biochemical oxygen demand (B.O.D.) and suspended solids equivalent to that generated and discharged by a typical single family residential unit. § 3700.39: SEWER TREATMENT PLANT DEFINED: Sewer treatment plant shall mean the Sewer Treatment Plant owned and operated by the City. § 3700.40: SINGLE-FAMILY UNIT DEFINED: Single-family unit shall mean and refer to the place of residence for a single-family. 5 February 23, 2007 § 3700.41: STANDARD SPECIFICATIONS DEFINED: Standard specifications shall mean a set of documents containing design and construction standards for all sewage works and sewer laterals as adopted by the City/District and as amended from time to time § 3700.42: STATE DEFINED: State shall mean the State of California. § 3700.43: STORM SEWER OR DRAIN DEFINED: Storm sewer or storm drain shall mean a conveyance which carries storm waters, non- storm surface flows or ground waters and drainage, but in or through which sewage is prohibited. § 3700.44: STORM WATER DEFINED: Storm water shall mean the water running off or draining from the surface and sub-surface of an area during and after a period of rain or irrigation. § 3700.45: STREETS DEFINED: Streets shall mean any public highway, street, alley, public place, public easement or right of way. § 3700.46: STREET LATERAL DEFINED: Street lateral shall mean the portion of a sewer lateral lying within a public street connecting a building lateral to the main sewer. SECTION THREE. Division 4, Chapter 2, Article 18 shall be amended to read as follows: ARTICLE 18. SEWER LATERAL TESTING 3799.1: PURPOSE, POLICY AND ADMINISTRATION: A. The purpose of this article is to codify requirements for the testing, repair and replacement of sewer laterals within the City. B. It is the policy of the City to reasonably prevent infiltration, exfiltretion and better protect the Sewer Treatment Plant and the environment by requiring a reasonable program of testing, and if necessary repair and replacement, of private sewer laterals. C. The Director of Ukiah Public Utilities shall administer these requirements and has the authority to alter or waive the requirements prescribed in this Article 18, if such requirements are impractical, because of the nature or physical location of the sewer lateral. D. Administrative Guidelines for Inspections 6 February 23, 2007 Within ninety (90) days of the adoption of the Ordinance enacting this article, the Director of Ukiah Public Utilities shall prepare and promulgate the public administrative guidelines which shall, among other things, establish the following: 1. A certification program for licensed plumbers, contractors and other qualified inspectors who will be placed on the Pre-Authorized List and the basis for obtaining and maintaining such a certification or for decertification; 2. Standard Inspection Report Forms and Guidelines for completing and using Sewer Lateral Inspection Reports; 3. A standard Notice to Repair and enforcement procedures for repair and replacements; 4. A standard Certificate of Sewer Lateral Compliance. 3799.2: APPLICABILITY: A. This Article shall apply to property located within the City and to property which is located outside the boundaries of both the City and the District which are served by the City Sewer Treatment Plant or the City's sewer mains. B. This Article shall not apply to properties located within the District or within both the City and the District, if the District has adopted a sewer lateral inspection program that complies with the Consent Decree in River Watch v. City of Ukiah and Ukiah Valley Sanitation District, U.S.Dist. Ct., ND. Cal., C04 4518 CW. C. All sewer laterals that have been repaired or replaced, including gravity and pressure laterals, shall be tested in accordance with the applicable provisions of this article. No person constructing, repairing or replacing a sewer lateral, shall use that lateral to introduce sewage into the public sewer until the person has complied with sections 3799.3 through 3799.6 of this article, as appropriate. D. All sewer laterals connected to the public sewer, including sewer laterals serving residential, multi-family residential, commercial or industrial uses, shall be cleaned and tested in accordance with the appropriate provisions of section 3799.3 through 3799.6 of this article, upon the occurrence of any of the following, unless a valid Certificate of Sewer Lateral Compliance is on file with the City: 1. Application for a new connection to the sewer collection system; or 2. Application for a building permit for a remodel on the property served, where the cost of the improvements exceeds $50,000 in 2007 dollars and adjusted every year for inflation, the inflation adjustment to be prescribed by resolution of the City Council; or 3. Application for a building or plumbing permit to install additional toilet facilities on the property served; or 4. Application for a change of use on the property served from residential to commercial, or from non-restaurant commercial to restaurant commercial; or 5. In connection with a change of ownership of property served and prior to the recordation of any deed or other conveyance document; or 7 February 23, 2007 6. In conjunction with any repair or replacement of the main sewer to which the sewer lateral is connected; or 7. The determination of the Director of Ukiah Public Utilities that the cleaning and testing is required for the protection of the public health, safety and welfare. E. No existing sewer lateral shall be allowed to remain connected to the public sewer for more than 6 months after failing to pass a test as specified in section 3799.3 of this article or the posting of security, as provided in Section 3799.5.C.2 and 3, whichever is later. 3799.3 APPROVED TESTING METHODS The sewer lateral shall be inspected, using the following methods as allowed by and in accordance with standards adopted by the Director of Ukiah Public Utilities, subject to review and revision by the City Council. 1. Visual inspection. 2. TV inspection. 3. Smoke testing. 4. Flow monitoring. 5. Air pressure testing. 6. Exfiltration testing. 7. Other similar inspection or testing methods as approved by the Director of Ukiah Public Utilities. 3799.4: REQUIREMENTS FOR NEW CONNECTIONS, REMODELS, INSTALLATION OF ADDITIONAL TOILETS AND CHANGE OF USE A. Testing Procedure: 1. Testing shall be performed by a licensed plumber, contractor, or other person who possesses any license required by law, if any, to perform the test, and who is determined by the Director of Public Utilities to be qualified to perform the test based on training and experience. 2. Permits and Inspection. Testing shall not commence without a valid permit issued by the City and testing may be witnessed by the Director of Ukiah Public Utilities or his/her designee. 3. Access. Access to the sewer lines to be tested and conditions necessary to conduct the test shall be made ready prior to scheduling a sewer lateral test. B. Failure of Test and Requirement for Repair: It shall be the responsibility of the property owner to repair and/or replace any sewer lateral which has been found through testing and/or inspection to exhibit conditions which would permit infiltration to enter the sewer 8 February 23,2007 system. Upon completion of the repair and/or replacement of the sewer lateral, re- inspections shall be conducted until the sewer lateral passes the required test. C. Certificate of Sewer Lateral Compliance: Once the sewer lateral has successfully passed the testing procedure, the Director of Ukiah Public Utilities or his/her designee shall execute a Certificate of Sewer Lateral Compliance which shall be filed with both the Director of Ukiah Public Utilities, the Director of Planning and Community Development, and to the extent authorize by law, with the Mendocino County Recorder. D. Role of the Director of Planning and Community Development The Director of Planning and Community Development and the Director of Ukiah Public Utilities, in consultation with each other, are hereby authorized to take the actions necessary to implement this section through the building permit process and to integrate its implementation with the requirements of the Plumbing Code as adopted in the City. 3799.5 REQUIREMENTS FOR SEWER LATERALS UPON CHANGE OF OWNERSHIP A. Requirement to Disclose: The seller of any real property shall be responsible for disclosing to prospective purchasers the requirements of this article and whether or not a valid Certificate of Sewer Lateral Compliance has been filed for the property. B. Testing Procedure: 1. Testing may be performed in accordance with the requirements of section 3799.4(A) or in accordance with the alternative procedure outlined below. 2. Alternative Procedure for Testing and Inspection a. TV Inspections of sewer laterals may be performed by a licensed plumber, contractor or other person who has been placed on a Pre-Authorized List as a result of presenting qualifications, bonding and insurance that satisfy the requirements of the Director of Ukiah Public Utilities, without the need for onsite inspection by the City. b. This Alternative Testing and Inspection Procedure shall require a permit issued by the Director of Ukiah Public Utilities. c. Upon completion of the TV Inspection, the licensed plumber, contractor or other approved inspector shall provide a copy of the TV Inspection to the Director of Ukiah Public Utilities for review. d. The Director of Ukiah Public Utilities or his/her designee shall review the TV Inspection, require any additional testing as provided in the standards referenced in Section 3399.3, and issue either a Certificate of Sewer Lateral Compliance or a Notice to Repair. Any deed or other conveyance document required for the change of ownership shall not be submitted to the Mendocino County Recorder for recordation until the Director of Ukiah Public Utilities issues a Certificate of Sewer Lateral Compliance or security is provided in accordance with subsection C.2 below. 9 February 23,2007 C. Failure of Test and Requirement for Repair: It shall be the responsibility of the property owner to repair and/or replace any sewer lateral which has been found through testing and/or inspection to exhibit conditions which would permit infiltration to enter the sewer system. Upon completion of the repair and/or replacement of the sewer lateral, re- inspections shall be conducted until the sewer lateral passes the required test. 1. All repair or replacement work shall be completed by a person properly licensed to perform the work, including a licensed plumber and/or contractor and shall be completed under all appropriate permits from the City including, as appropriate, building and encroachment permits. 2. Except for escrows involving a change of ownership which opened on or after January 13, 2007, and which close before April 6, 2007 ("Transition Escrows"), repair or replacement work shall be completed prior to the recordation of any deed or other conveyance document unless the property owner provides the City with a bond, cash deposit, letter of credit or other security that the City may utilize to affect the required repairs, or evidence, satisfactory to the Director of Ukiah Public Utilities, that an amount sufficient to make the required repairs has been retained in escrow with an escrow instruction, signed by the buyer and seller, requiring the necessary repairs to be completed within six (6) months of the initial inspection, and authorizing the City to utilize the funds for that purpose, if the repairs are not made within the required time. In the absence of a contractor's bid to perform the work for a specified sum, the security provided shall be for the following amounts (in 2007 dollars) that may be adjusted annually for inflation, the inflation adjustment to be established by City Council resolution. a For repairs to the building lateral at depths less than four (4) feet - $1,000 b. For repairs to the building lateral at depths greater than four (4) feet - $2,000 c. For repairs to the street lateral, at depths less than four (4) feet, and where the main sewer is within thirty (30) feet of the property line - $5,000 d. For repairs to the street lateral, at depths greater than four (4) feet and where the main sewer is within thirty (30) feet of the property line - $10,000 e. For repairs to the street lateral where the main sewer is in excess of thirty (30) feet of the property line - $15,000 3. Sewer laterals for property subject to a change of ownership as a result of a Transition Escrow shall be repaired by May 30, 2007, unless security is provided in accordance with subsection 2, above, 4. If the property owner provides the City with security in lieu of repairs, all repairs must be completed within six (6) months of the date such security is provided, unless, for good cause shown, an extension of time not exceeding 90 calendar days is granted by the Director of Ukiah Public Utilities. 5. If the repair is not completed within the required time period including any time extensions granted, the City shall utilize the security to complete the required repairs. If the cost of the required repairs exceeds the available security, the City may add a surcharge onto the utility account until the additional costs are recovered over a period not to exceed five (5) years. 10 February 23,2007 D. Certificate of Sewer Lateral Compliance: Once the sewer lateral has successfully passed the testing procedure, the Director of Ukiah Public Utilities or his/her designee shall execute a Certificate of Sewer Lateral Compliance which shall be filed with the Director of Ukiah Public Utilities and the Director of Planning and Community Development and at the expense of the property owner recorded in the Official Records of Mendocino County. E. Exceptions. This section shall not apply to: 1. Any common interest development where the sewer laterals are owned in common by a homeowner association or other similar entity; 2. Any inter-family transfers, trust transfers or transfers via inheritance; F. Role of the Director of Planning and Community Development and the Director of Public Works The Director of Planning and Community Development and the Director of Public Works are hereby authorized to take the actions necessary to implement this section through the building and encroachment permit process. 3799.6 REQUIREMENTS FOR SEWER LATERALS UPON REPAIR OR REPLACEMENT OF THE PUBLIC SEWER MAIN OR UPON DETERMINATION OF THE DIRECTOR OF UKIAH PUBLIC UTILITIES. A. Testing Procedure: Testing may be performed in accordance with the requirements of section 3799.4(A), section 3799.5 (B) or, if authorized by City Council resolution, testing may be performed by the City in conjunction with its repair and replacement work. Upon completion of the testing, the Director of Ukiah Public Utilities of his/her designee shall issue either a Certificate of Sewer Lateral Compliance or a Notice to Repair B. Failure of Test and Requirement for Repair: It shall be the responsibility of the property owner to repair and/or replace any sewer lateral which has been found through testing and/or inspection to exhibit conditions which would permit infiltration to enter the sewer system. Upon completion of the repair and/or replacement of the sewer lateral, re- inspections shall be conducted until the sewer lateral passes the required test. 1. All repair or replacement work shall be completed by a person properly licensed to perform the work, including licensed plumber and/or contractor and shall be completed under all appropriate permits from the City including, as appropriate, building and encroachment permits. 2. All repairs must be completed within six (6) months unless, for good cause shown, an extension is granted by the Director of Ukiah Public Utilities, not to exceed 90 calendar days. 3. If repair is not completed within the required time period, the City shall complete the required repairs and may add a surcharge onto the property's utility account until the costs are recovered in not more than five (5) years. 4. The City Council may, by Resolution, prescribe alternative procedures, by which the repair or replacement work shall be performed including, but not limited to, the degree to 11 February 23, 2007 which the City shall offer to perform all or a portion of the work or contribute towards the cost of the work. C. Certificate of Sewer Lateral Compliance: Once the sewer lateral has successfully passed the testing procedure, the Director of Ukiah Public Utilities or his/her designee shall execute a Certificate of Sewer Lateral Compliance which shall be filed with the Director of Ukiah Public Utilities and the Director of Planning and Community Development and at the expense of the property owner recorded in the Official Records of Mendocino County. 3799.7 CERTIFICATE OF SEWER LATERAL COMPLIANCE WITHOUT INSPECTION. A Property Owner may apply for and the Director of Ukiah Public Utilities of his/her designee may issue a Certificate of Sewer Lateral Compliance without inspection under the following circumstances: 1. The Property Owner provides evidence, satisfactory to the Director of Ukiah Public Utilities, that the sewer lateral serving the property is ten (10) years old or less; or 2. The Property Owner provides evidence, satisfactory to the Director of Ukiah Public Utilities, that the sewer lateral was repaired or replaced and passed inspection within the previous ten (10) years; or 3. The Property Owner provides evidence, satisfactory to the Director of Ukiah Public Utilities, that the lateral has passed an inspection within the past five (5) years. In such cases, the Director of Ukiah Public Utilities or his/her designee shall execute a Certificate of Sewer Lateral Compliance which shall be filed with the Director of Ukiah Public Utilities and the Director of Planning and Community Development, at the expense of the property owner recorded in the Official Records of Mendocino County. 3799.aFEES The City Council may establish fees by Resolution for administration of this Article. SECTION FOUR. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections subsections, sentences, clauses or phrases be declared unconstitutional. SECTIONFIVE. CEQA. This Ordinance is exempt from the California Environmental Quality Act under Public Resources Code Sections 21065 and 21080(b) (8). SECTION SlX. EFFECTIVE DATE. 12 February 23, 2007 This Ordinance shall be in full force and effective thirty (30) days after its adoption and shall be published and posted as required by law. Introduced by title only at a regular City Council meeting on February 7, 2007, by the following roll call vote: AYES: Councilmember Thomas, McCowen, Baldwin, Crane and Mayor Rodin NOES: None ABSENT: None ABSTAIN: None Revised at a regular City Council meeting on February 21, 2007, by the following roll call vote: AYES: Councilmember Thomas, McCowen, Baldwin and Vice Mayor Crane NOES: None ABSENT: Mayor Rodin ABSTAIN: None Adopted at an adjourned regular City Council meeting on February 28, 2007, by the following roll call vote: AYES: Cou~cilmember Thomas, McCowen, Baldwin, a~d Mayor Rodin NOES: None ' ABSENT: Councilmember Cran ABSTAIN: None Mad Rodin, Mayor ATTEST: Gall Petersen, City Clerk February 27, 2007 13