S7130-0001\2371833v1.doc
ORDINANCE NO. O-25-1420
AN ORDINANCE OF THE CITY OF SAN MARINO AMENDING THE SAN MARINO CITY CODE TO ADD SECTION 16.06.03 (SEWER SERVICE CHARGES) TO SAN MARINO CITY CODE CHAPTER XVI, ARTICLE 6
THE CITY COUNCIL OF THE CITY OF SAN MARINO DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals.
WHEREAS, the City of San Marino (“City”) provides sewer collection service to property owners (who may also be referred to as “owners”) within the City’s service area. As described in the City’s Sewer System Management Plan dated May 2019, these sewer collection services include collection pipelines and sewer lift stations that convey wastewater to the Los Angeles County Sanitation District (“LACSD”) for treatment; and WHEREAS, the City is authorized to establish fees, rates, and charges for the sewer services provided to each property owner in accordance with Health and Safety Code Sections 5470-5474.10, and “Proposition 218” (California Constitution Article XIII D, Section 6; as it is implemented by the Legislature at Government Code sections 53750 – 53759.2; and as it has been interpreted by judicial decisions).The City refers to those fees, rates, and charges as sewer service charges or sewer rates (as used herein, the phrases “sewer service charges” or and “sewer rates” may be used interchangeably); and
WHEREAS, the purpose of the sewer rates is to ensure that adequate funding is provided to protect the public health, safety and general welfare through the provision of a reliable and adequate sewer system that meets current and anticipated demands to serve the owners and customers of the City; and
WHEREAS, this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code Section 21080(b)(8), and California Code of Regulations Section 15273 (of the “CEQA Regulations”) because it establishes, modifies, structures, or restructures processes for implementing rates and charges for the purposes of: (1) meeting operating expenses; (2) purchasing supplies, equipment and materials; (3) meeting financial requirements; and (4) obtaining funds for capital projects necessary to maintain service within existing service areas; and
WHEREAS, the City establishes the rate of sewer service charges to be charged by separate resolutions, and the City intends this ordinance to establish the procedures and legal parameters by which the City will implement the sewer service charges.
SECTION 2. Article 6, Chapter XVI of the San Marino City Code is amended to add Section 16.06.03 to read as follows:
16.06.03: SEWER SERVICE CHARGES:
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A. To the extent any property is connected to the City’s sewer collection system, the property owner shall pay to the City the sewer service charge in the amount established by City Council Resolution. The Public Works Director shall determine which properties are connected to the City’s sewer collection system. The amount of the sewer service charge shall be set in an amount that does not exceed the City’s proportionate cost of providing sewer services to the person required to pay the fee, in accordance with all legal requirements including California Constitution Article XIII D Section 6.
B. The City Council may adopt a resolution annually to authorize placing the sewer service charges on the Los Angeles County property tax rolls for collection, in accordance with Health and Safety Code Section 5473. For any property owner who does not receive a bill from the City for payment of the annual sewer service charge on the property tax rolls, the sewer service charge shall be due and payable within thirty days of written notice of the bill from the City.
C. Any property owner who claims that a sewer service charge bill was not calculated or imposed by the City in accordance with this section may file with the Public Works Director a written request to adjust the charge. The request must be received by the Director no later than ninety after the property owner receives the bill. The Director is authorized to adjust the charge only to the extent the Director determines necessary to conform to the requirements of this section. The director shall provide the property owner a written response to the request for adjustment within thirty (30) days.
D. Any property owner who challenges a written determination from the Public Works Director under paragraph C of this section may contest the determination by filing with the City Clerk a written request for an administrative hearing. Any such written request must:
1. Be received by the City Clerk no later than thirty (30) days from receipt of a written response under paragraph C of this section; and
2. Include a payment of the charge under protest, unless the property owner obtains an advance hardship waiver deposit in accordance with section 01.06.15 of this code; and
3. Include a copy of the written request for adjustment and written response provided under paragraph C of this section, as well as the information and documents on which the property owner will rely to establish the charge was not imposed in accordance with this ordinance or other legal requirements; and
4. Include any other supplemental information reasonably requested by the City Clerk to implement the requested hearing.
E. Any administrative hearing held under this section shall be conducted in accordance with sections 01.06.10 through 01.06.15 of this code.
F. Any failure to pay a sewer service charge in accordance with this section shall be a violation subject to enforcement in accordance with Chapter I, Article 04 of this code. -3-
For any sewer service charge that is placed on the Los Angeles County property tax rolls, any failure to pay that sewer service charge in accordance with this section shall also be subject to the penalties and interest imposed by Los Angeles County in accordance with California Health and Safety Code Sections 5470 through 5474.10 (Chapter 6 of Part 3 of Division 5 of the Health and Safety Code).
SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this Ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 4. Publication and Effective Date. The City Clerk shall certify the adoption of this ordinance and shall cause this ordinance to be published by title and summary. This ordinance shall take effect 30 days following publication by title and summary.
PASSED, APPROVED, AND ADOPTED this ___ day of ______________, 2025. _____________________________
GRETCHEN SHEPHERD ROMEY
MAYOR
ATTEST:
__________________________________
ALISON WALKER
CITY CLERK
APPROVED AS TO FORM:
____________________________
JOSEPH MONTES
CITY ATTORNEY
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF SAN MARINO )
I HEREBY CERTIFY that the foregoing City of San Marino Ordinance No. O-25-1420 was introduced and read by title at a Regular Meeting of the San Marino City Council held on the 27th day of June, 2025, and was adopted on second reading at an adjourned meeting of the City Council held on the ____ day of ______, 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
ALISON WALKER
CITY CLERK