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ORDINANCE NO. ____-2022
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BARSTOW AMENDING SECTION 13.04.020
(DEFINITIONS) AND SECTION 13.20 (INSPECTIONS) OF THE
BARSTOW MUNICIPAL CODE
WHEREAS, the City owns and operates public utility facilities within easements, reservations, or right-of-way in or surrounded by private property; and WHEREAS, the City wishes to clarify that it has the right to access these public utility facilities in order to construct, reconstruct, renew, alter, operate, maintain, inspect, repair, and replace these public utility facilities, subject to any site-specific or contractual restrictions that may exist; and
WHEREAS, the City further declares that the purpose of this ordinance is to state its position and to clarify the existence of property rights that have previously been acquired; and
WHEREAS, the City’s declaration and clarification of existing property rights shall not be construed to be a new acquisition, taking, or other action subjecting the City to any claim of liability or compensation.
NOW THEREFORE, the City Council of the City of Barstow hereby ordains as follows:
SECTION 1. Incorporation of Recitals. The above set forth recitals and findings are true and correct and incorporated herein by reference, as if set forth herein in full.
SECTION 2. Barstow Municipal Code Section 13.04.020 is amended to read as follows, with additions shown in underlined text and deletions show in strike through text:
13.04.020 Definitions
For the purposes of his chapter, unless the context specifically indicates otherwise, the meaning of terms used shall be as follows:
BOD (biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Centigrade (Celsius), expressed in milligrams per liter.
Building drain means that part of the lowest horizontal piping of a plumbing system which receives the discharges from water-carried wastes within a building and conveys it to the building lateral, beginning five feet outside the building wall. 2 275856.3
Building lateral means the extension from the building drain to the public sewer or another place of disposal.
Contamination means allowing the quality of the waters to become impure by contact or admixture with wastewaters to a degree which becomes a hazard to the public health through poisoning or spread of disease.
Garbage means solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.
Industrial waste means nondomestic liquid or semisolid waste from industrial, manufacturing, or processing operations.
Natural outlet means any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
Nuisance means discharge of wastewater in violation of city regulations or orders, which is or could be harmful to or unreasonably affect the wastewater collection, treatment facilities of the city, or groundwater.
Person means any individual, partnership, firm, association, society, company, corporation, or agency, including the state and the United States of America. pH is a measure of the concentration of free hydrogen ions in water or wastewater.
Pollutant means any type of waste material discharged in the water.
Pollution means an alteration of the quality of the waters by pollutants to a degree which unreasonably affects such waters for beneficial use or affects facilities which serve such beneficial uses.
Premises means any real property, place, or parcel of land including buildings or other structures used or useful for human habitation or gathering or for carrying on a business or occupation.
Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the city's wastewater system or groundwater. The reduction or alteration can be obtained by physical, chemical, or biological processes, or through process changes or other means.
Private disposal system means a facility intended to be used for the disposal of sewage on private property, including privy, septic tank, cesspool, and leach lines.
Properly shredded garbage means the wastes from the preparation, cooking, and dispensing of food that has been shredded so that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.
Public sewer means a sewer within a public right-of-way or easement. Laterals connecting building drain to a sewer main are not public sewers although they may be partially located in a public right-of-way or easement. 3 275856.3
Public utility facility means a public sewer or utility pipe or facility and other laterals, pipes, buildings, or appurtenances, for the provision of water, light, heat, communications, power or garbage services, for flood control, drainage or sanitary purposes, or sewage collection, treatment, or disposal.
Regional Board means the State of California Regional Water Quality Control Board— Lahontan Region, which has control over the entire city area.
Secondary treatment means the treatment process of the wastewater effluent received from the primary process and involves more mechanical, chemical, or biological treatment, such as filtration, aeration, and chlorination.
Septic tank means a tank in which sewage is allowed to remain until purified by the action of anaerobic bacteria.
Sewage means a combination of the water-carried wastes from residences, businesses, institutions, commercial and industrial establishments.
Sewer or sanitary sewer means a pipe or conduit system for carrying sewage.
Slug means any discharge of water, sewage, or industrial wastes in concentration, or any given constituent in quantity of flow exceeding a period of duration longer than 15 minutes more than five times the average 24-hour concentration or flows during normal operation.
Wastewater capital improvement fund means the funding established by the city to finance the improvements and replacements of the public sewer system and wastewater reclamation or treatment plant.
Wastewater reclamation fund means the funding established by the city to finance the public sewer service and the operation of the wastewater reclamation or treatment plant.
SECTION 3. Barstow Municipal Code Chapter 13.12.340 Local discharge limitations for significant industrial users is amended to read as follows, deletions show in strike through text:
Constituent Daily Maximum
Constituent
Discharge Limit in
Milligrams/Liter
Arsenic 0.249
Bio-Chemical
Oxygen Demand
(BOD 5 )
billable constituent
Boron 1.0
Cadmium 0.2
COD N/A
Chloride1 WS+200
Copper 2.0
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Cyanide 1.0
Fats, Oils and
Grease
50 Fluoride 3.8
Chromium (Total) 0.05
Lead 1.8
Methylene Blue
Active Substances
40 Mercury 0.05
Molybdenum 0.1
Nickel 2.2
Nitrate as NO 3 WS + 10
Nitrogen, Ammonia 50.0
PCB 0.0
Pesticides 0.0
pH 5.5-9.5
Phenol 0.05
Selenium 0.023
Silver 2.5
Sodium1 WS + 110
Sulfate1 WS + 140
Temperature 140ºF at Discharge
Point
Total Dissolved
Solids (TDS)1
WS + 1600.0
Total Petroleum
Hydrocarbons
(TPH)
0.50 5.0
Total Suspended
Solids (TSS)
billable constituent
Zinc 1.8
SECTION 4. Barstow Municipal Code Chapter 13.20 is amended to read as follows, with additions shown in underlined text and deletions shown in strike through text:
Chapter 13.20 Inspections, Easements, and Rights of Entry
13.20.010 Purpose
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A. It is the City’s intent that all public utility facilities will be located within dedicated public streets, easements, reservations, or rights-of-way, unless specifically approved by the City for construction within other types of easements.
B. The City shall have access to every public utility facility to respond to and resolve emergencies, perform inspections, operation and maintenance, rehabilitate, repair, and reconstruct public utility facilities located within dedicated public streets, easements, reservations, or rights-of-way.
13.20.0120 Right of Entry
A. The city engineering services division and other duly authorized employees, contractors, and consultants of the city bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of chapters 13.08 through 13.24.
B. The city engineering services division and other duly authorized employees, contractors, and consultants, bearing proper credentials and identification shall be permitted to enter all properties for the purposes of maintenance, rehabilitation, repair, and reconstruction of public utility facilities located within dedicated public streets, easements, reservations, or rights-of-way.
13.20.020. - Company indemnified by city.
While performing the necessary work on private properties referred to in section
13.20.010, the city engineering services division or fully authorized employees of the city shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the city employees. The city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as may be caused by the company's negligence or failure to maintain safe conditions as required in BMC chapter 13.12.
13.20.030 Responsibility of City
A. All easements, dedications, or reservations shall be in a form acceptable to the City. All easements, dedications, or reservations revised or newly entered into after the effective date of the ordinance adding this section to the Barstow Municipal Code shall not be subject to outstanding obligations to relocate such public utility facilities or to any deeds of trust, except in instances where such is determined by the City to be in the best interests of the City or as otherwise required by law.
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B. The City shall not be responsible for the costs of removal of obstructions preventing reasonable access to public utility facilities within easements, reservations, or rights-of-way on private property, nor shall such removal, pruning or required modifications of landscaping or hardscaping provide a basis for compensation to the property owner, unless otherwise required by law.
C. The City shall not be liable for any damage to any Person’s improvements placed upon said parcel due to the City’s operations using reasonable care, unless otherwise required by law. The City accepts no responsibility for or liability to Person or any other party for any damages arising out of the installation, use, maintenance, ownership, or operation of other public utility facilities or any other improvements within City’s easement and right of way.
D. The City shall have the right, but not the obligation to cut, trim, remove trees, brush, and/or remove other unauthorized obstructions which may impede or interfere with public utility facilities.
13.20.040 Requirements of Owner
A. Every public utility facility shall be constructed within the City’s public street rights-of-way, within dedicated easements, or within exclusive easements granted to the City.
B. Every applicant for a new or modified public utility facility shall grant to the City an easement for the purpose of installing, maintaining, repairing, and removing the City’s service connection and for the purpose of reading the meter, in a form acceptable to the City’s engineering services division and the City Attorney.
C. The property owner shall not allow any obstructions which may impede or interfere with the City’s use of or access to said easement.
D. Should any of the public utility facilities within said easement be required to be relocated or repaired as a result of changes in grade or other construction within the easement, the property owner or their successors and assigns shall bear the full cost of such relocation or repair, unless changes in grade or other construction are done with the prior written consent of the City.
E. No buildings, structures, walls, fences, or trees, including the drip line, shall be placed upon, over, or under said parcel of land within the easement for the duration of this easement, except as shown on improvements plans approved by 7 275856.3
the City and except that said parcel may be improved and used for street, road or driveway purposes trail, path parking lot, non-vehicular public access, or shallow root landscaping purposes and for other utilities, insofar as such use does not interfere with the City’s use of and access to the easement for the purposes for which it is granted.
Section 5. CEQA. This ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines§§ 15060(c)(2}, 15060(c)(3}, 15061(b)(3} and 15378(b)(4). This ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment; it does not involve a "project" as defined by CEQA Guidelines § 15378; and it is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. It can be seen with certainty that there is no possibility this ordinance may have a significant effect on the environment.
Section 6. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable.
Section 7. Effective Date. This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937.
Section 8. Construction. To the extent the provisions of the Barstow Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as it read prior to the adoption of this ordinance, they shall be read as continuations of those earlier provisions and not as new enactments.
Section 9. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text.
PASSED, APPROVED AND ADOPTED this 6
th day of June, 2022.
__________________________________
Paul Anthony Courtney, Dr. B.A., Mayor
ATTEST:
______________________________
Andrea Flores, City Clerk
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I, Andrea Flores, City Clerk for the City of Barstow, California, and ex-officio Clerk of the City Council, do hereby certify under penalty of perjury that the foregoing is a true and correct copy of Ordinance No. ___-2022, which was introduced at a meeting of the City Council of the City of Barstow held on the 16th day of May, 2022, and adopted at the regular meeting of the City Council of the City of Barstow on the 6 th day of June, 2022,
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Andrea Flores, City Clerk