Chapter 14.04 — WASTEWATER RATES AND CHARGES

For purposes of this chapter, the definitions in Sections 13.06.010 of the Municipal

Code shall be construed as applicable to this chapter except as set forth in this section: "High strength, nonresidential customer" includes all customers whose discharge exceeds the levels of biochemical oxygen demand (BOD) or total suspended solids (TSS) set forth in the "normal strength, nonresidential customer" definition in this section. "Meter factor" means the ratio applied to meter readings to determine the billable flow for nonresidential users. For domestic water meters, the factor shall equal 1.00; for sewer meters the flow shall equal 1.11. "Multifamily residential" includes any premises that is residential in nature and consists of more than one dwelling unit served by a single metered water connection. Such master-metered customers shall be charged as set forth in this chapter. Temporary residential premises (e.g., hotels) are treated as a commercial use. "Normal strength, nonresidential customer" includes all customers whose discharge conforms to "normal strength, nonresidential wastewater" but not included as residential customers in Sections 14.04.010 and 14.04.020. In lieu of separate analysis or adopted tables per Section 14.04.040, these customers shall generally include churches, public schools, private schools, commercial facilities, industrial facilities, government uses, and office buildings. The city reserves the right to assign any customer to high strength, nonresidential status, based on that customer's actual BOD or TSS. "Normal strength, nonresidential wastewater" means all wastewater discharged to the city wastewater collection system with a BOD of no more than two hundred thirty six milligrams per liter or a TSS of no more than two hundred thirty-six milligrams per liter.

Ord. 2007-14 § 3, 2007

(A) It shall be city policy to at all times collect wastewater rates and charges that meet but do not exceed the cost of service of the wastewater enterprise.

(B) It shall be city policy to set wastewater rates and charges that are fair and equitable to all customer classes and recover each customer's share of the total cost of service in proportion to their use of the system.

(C) It shall be city policy to have a wastewater rate study performed, by a qualified independent rate consultant, every three to five years, to ensure that wastewater rates charges, and connection fees are set to an appropriate level. Rate studies will be based on AWWA rate setting principles and shall recommend rates that meet the cost of service of the wastewater enterprise.

(D) The city may exercise its discretion consistent with Hansen v. City of San Buenaventura, 42 Cal.3d 1172 (1986) to enact a rate for property owners outside the city which is forty percent greater than the rate for property owners within the city.

Ord. 2007-14 § 3, 2007

(A) Each single-family residential customer shall pay for wastewater services according to the schedule outlined below. For purposes of determining if a single-family customer is a "low," "average," or "high" user, the city will average each customer's three winter water use bills (January through March) and, on the following July 1st, the city may reassign each customer to the appropriate category based on that average winter water use.

(B) Single-family residential customers will be billed according to the following schedule:

1-Jan-08 1-Jan-09 1-Jan-10

Low winter water use (0-4 hcf) $34.55 $37.83 $41.42

Average winter water use (4-13 hcf) 36.79 40.29 44.11

High winter water use (13+ hcf) 38.11 41.73 45.69

(C) Effective January 1, 2012, and on every January 1st thereafter, wastewater service charges will be adjusted by the percent change in the Bay Area Consumer Price Index over the previous calendar year, or by three percent, whichever is less.

Ord. 2011-06 § 1, 2011

Ord. 2007-14 § 3, 2007

(A) Each mobilehome customer with an individual metered account shall pay for wastewater services according to the following schedule:

1-Jan-08 1-Jan-09 1-Jan-10

Mobilehome—individually metered $ 27.59 $30.21 $33.08

(B) The billing for mobilehome customers with an individual metered account may be adjusted up or down by as much as ten percent of the mobilehome rate in force at that time to provide credit or additional payment for customers who use smaller or larger amounts of winter water relative to other single-family residential customers. The city council may initiate such an adjustment, including any other implementing procedures, by resolution.

(C) Effective January 1, 2012, and on every January 1st thereafter, wastewater service charges will be adjusted by the percent change in the Bay Area Consumer Price Index over the previous calendar year, or by three percent, whichever is less.

Ord. 2011-06 § 2, 2011

Ord. 2007-14 § 3, 2007

(A) The monthly service charge for any multifamily customer shall pay for wastewater service according to the following schedule:

1-Jan-08 1-Jan-09 1-Jan-10

Multifamily -per unit $ 27.591 $30.211 $33.08

(B) The city council may, by resolution, establish policies and procedures to discount the per-unit charge for vacant spaces or apartments for multifamily customers provided such vacancies could be documented and such vacancies extend beyond one billing cycle.

(C) Effective January 1, 2012, and on every January 1st thereafter, wastewater service charges will be adjusted by the percent change in the Bay Area Consumer Price Index over the previous calendar year, or by three percent, whichever is less.

Ord. 2011-06 § 3, 2011

Ord. 2007-14 § 3, 2007

(A) Each normal strength, nonresidential customer will pay the greater of the fixed monthly rate in the schedule below or the variable rate in the schedule below multiplied by monthly water consumption of the customer.

1-Jan-08 1-Jan-09 1-Jan-10

Normal strength—nonresidential (fixed) $36.79 $40.29 $44.11

or

Normal strength—nonresidential (variable) $3.291 $3.601 $3.94

(B) Effective January 1, 2012, and on every January 1st thereafter, wastewater service charges will be adjusted by the percent change in the Bay Area Consumer Price Index over the previous calendar year, or by three percent, whichever is less.

Ord. 2011-06 § 4, 2011

Ord. 2007-14 § 3, 2007

(A) Each high strength, nonresidential customer as defined in Section 14.04.005 shall pay the greater of the following fixed monthly fees or a fee calculated according to the following formula.

1-Jan-08 1-Jan-09 1-Jan-10

High strength—nonresidential (fixed) $36.79 $40.29 $44.11

Or On January 1, 2008:

Charge = Water Unit X Meter Factor [$1.47+ ($.91 x BOD in mg/l) + ($.91 x TSS in mg/l) ]

236 238

On January 1, 2009:

Charge = Water Unit X Meter Factor [$1.62+ ($.99 x BOD in mg/l) + ($.99 x TSS in mg/l) ]

236 238

On January 1, 2010:

Charge = Water Unit X Meter Factor [ $1.78+ ($1.08 x BOD in mg/l) + ($1.08 x TSS in mg/l) ]

236 238

(B) For purposes of determining BOD and TSS in the above formulae, city staff is authorized to require analysis of the user's flow in accordance with Title 14 of this code. For installations that use less than two thousand gallons per day of domestic water, city staff may use published tables of BOD and TSS that are approved by the State Water Resources Control Board for use in determining BOD and TSS in the above formulae.

(C) Effective January 1, 2012, and on every January 1st thereafter, wastewater service charges will be adjusted by the percent change in the Bay Area Consumer Price Index over the previous calendar year, or by three percent, whichever is less.

Ord. 2011-06 § 5, 2011

Ord. 2007-14 § 3, 2007

The city council declares its intent to

make any future changes in the wastewater rates established in this chapter by setting forth the changes in a resolution duly adopted, and the adoption of such a resolution shall have the same force and effect as though the changes had been made by the adoption of an ordinance.

Ord. 2007-14 § 3, 2007

(A) At the time of submission of application for building permit for an industrial building connection to the city wastewater collection system, an applicant shall pay a sanitary sewer connection charge for industrial uses in accordance with the following formula:

Connection Fee = $35.11 x (flow (in gpd) x (0.85 + (.09 x BOD (in mg/l) ÷ 236) + (0.6 x TSS (in mg/l) ÷ 238))) The terms BOD and TSS are as 4.08.010 and are expressed in milligrams per liter (mg/l). Values of BOD and TSS for a particular project shall be subject to approval by the city engineer. The charges shall be subject to adjustment in accordance with Section 14.04.100.

(B) If, after connection to city wastewater facilities and review of the discharger's flow data or water use data for any given period, it is determined by the city engineer that the discharger has increased flow, BOD, or TSS levels above those requested at the time of application, then the applicant shall be charged for the increased flow, BOD, or TSS at the then applicable rate as provided in the city's wastewater connection fee ordinance and as determined by the city engineer. The applicant and/or discharger shall pay the revised connection fee within sixty days of demand by the city; failure to pay the charges within the specified time may result in termination of water and sewer service by the city to the extent allowed by existing law.

Ord. 2004-06 § 3, 2004

Ord. 2001-03 § 5, 2001

The city council may adopt by resolution, temporary

wastewater connection fees based on a fording by the city council that a particular use is temporary and does not conform to the typical use categories of residential, commercial or industrial. In such cases the temporary wastewater connection fee shall be charged for each unit of seven hundred forty-eight gallons of wastewater flow based on the following formula: Temporary Connection Fee = $4.20/unit of wastewater x (0.85 + (.09 x BOD (in mg/l) ÷ 236) + (0.6 x TSS (in mg/l) ÷ 238)) The city manager or city manager's designee may be delegated responsibility for billing and monitoring temporary connection fees in accordance with this section.

Ord. 2004-06 § 4, 2004

Ord. 2001-03 § 6, 2001

(A) The city at its sole discretion may adopt revised wastewater connection fees based on the pro-commit participation by the general fund of the city proportionate effects of inflation or changes to the cost of living. For purposes of calculation, the Engineering News Record 20-City Construction Cost Index shall be used for adjusting said fees. Said adjustments in accordance with this section may be approved by a resolution of the city council.

(B) At the sole discretion of the city council applicants may be charged either the industrial wastewater service connection fee in accordance with Section 14.04.080(A) and (B), or Section 14.04.070, connection fees, commercial wastewater service connection fee.

(C) The city council, at its sole discretion, may commit participation by the general fund of the city for fifty percent of the connection fee in an amount not to exceed ten thousand dollars to be applied to wastewater connection fees for a qualifying nonprofit or charitable organization in the city.

Ord. 2004-06 § 5, 2004

Ord. 2001-03 § 7, 2001

The city council may adopt by resolution a plan of reclaimed water

mains to serve future growth of the city. New development which fronts such reclaimed water mains may be required to install such mains at no cost to the city.

Ord. 2001-03 § 8, 2001

(A) The city dedicates the following sources of revenue to repayment of any and all State Revolving Fund loans on Project No. C-06-4666-110, the water treatment and reclamation project: waste user charges, wastewater connection fees and connection fees, where appropriate. This dedicated source of revenue shall remain in effect until any such loan (or loans) is fully discharged, unless modification or change of such dedication is approved in writing by the State Water Resources Control Board.

(B) A wastewater capital reserve fund is established. Deposits to the fund shall be made annually at a rate set by resolution by city council, not to exceed seventy-five thousand dollars per year but at least one-half percent of the loan amount for the wastewater treatment plant project. Such funds shall be maintained in accordance with "The Policy for Implementation State Revolving Fund for Construction of Waste Water Treatment Facilities," as adopted by the state of California Water Resources Control Board.

Ord. 2001-03 § 2, 2001

Ord. 99-04, 1999