California City Municipal Code Art. 3 Conditions of Service

Applicants and customers shall accept such conditions of pressure and service as are provided by the distribution system of the City at the location of the proposed service connection, and hold the City harmless for damage arising out of low or high pressure conditions or interruptions in service.

(a) Permanent water service shall not be provided unless a City water main of adequate size extends across the entire frontage of the property to be served or unless a limited services agreement is approved by the Director of Public Works.

(b) Property presently receiving service, but not immediately adjacent to a City water main, may continue to receive service until such time a City water main is installed immediately adjacent to such property. At that time, the Director of Public Works will give written notice and the service connection will be relocated to the new main. Failure to connect plumbing to the new service connection will result in the discontinuance of service to the property.

(a) Service connections will be installed as near as possible to the location desired by the applicant, within the projection of side property lines, and shall meet the minimum size determined by local plumbing code requirements or the Director of Public Works. Service connections will be made only adjacent to the City's distribution mains, at locations readily accessible by public streets, alleys, or other rights-of-way capable of accommodating City vehicles and equipment.

(b) An applicant may apply for as many service connections as reasonably required provided the applicant meets the requirements concerning potential cross-connections.

(a) City provides permanent, temporary or surplus water service.

(b) Permanent service is service to property meeting the frontage requirements, other temporary service.

(c) Temporary Service is service for a period of less than six (6) months. Temporary service includes interim service to a subdivision during a construction phase.

(d) Surplus water service is service under contract of water in excess of the current requirements of the City to property outside the City.

(a) The City will exercise reasonable diligence and care to deliver a continuous and adequate supply of water to the customer at a reasonable constant pressure and to avoid shortage or interruption in delivery. The City offers water at its system pressure, and the applicant must install adequate plumbing and protective devices in accordance with the current Uniform Plumbing Code to use the available water at whatever reasonable constant pressure is available in the system. The City is not responsible for the maintenance of pressure and reserves the right to discontinue service while making repairs required in the operation of the water system. Customers depending upon a continuous supply should provide for their own emergency storage.

(b) Regulators will be required and furnished by owner, ahead of the City's meter where static pressures are in excess of sixty-five (65) PSI. The City assumes no liability for the accuracy of the regulator pressure setting, nor the reliability of the regulator.

The size, type and quality of materials and location of the lines and appurtenances thereto shall be specified by the Director of Public Works and the Fire Chief in accordance with Standard City Specifications for water system construction and design standards, as adopted by the council.

(Ord. No. 09-674, 3-17-2009)

An applicant for water service or a main extension shall dedicate or cause to be dedicated to the City an easement or easements for the installation, maintenance and replacement of water system facilities to serve applicant.

An applicant who desires service for commercial or industrial uses shall make application for the number, size and types of service connections which will serve the projected highest water use configuration of the property. Before service commences, the Director of Public Works may require the applicant obtain service connections which differ in number, size or type from the service connections requested by the applicant if the Director of Public Works determines the application does not accurately portray the projected highest water use configuration. After service commences, the Director of Public Works may also refuse to change the number, size or type of service connections if the Director of Public Works determines the applicant negligently or intentionally failed to accurately project the highest water use configuration. If the number, size or type of service connections is changed after service commences, the property owner shall pay for the changes at the rates prevailing at the time of the change.

An applicant may provide for the extension of facilities by the following: (1) entering into a special contract; (2) construction of an individual main extension; (3) installing and dedicating a subdivision main extension; or (4) qualifying for the construction of facilities by the City.

(a) When a City water main is not contiguous to the entire frontage of the applicant's property, the Director of Public Works may enter into a "Limited Service Agreement" in lieu of requiring a main extension.

(b) When existing facilities do not deliver a sufficient water pressure to the property, the Director of Public Works may enter into an "Elevation Agreement" in lieu of requiring the installation of the special facilities.

(c) If an applicant is otherwise required to provide for the extension of City facilities but may obtain service from facilities operated by another water purveyor, the Director of Public Works may enter into a "Water Purveyor Agreement" with the other water purveyor to provide such service.

(d) The "Limited Service Agreement," "Elevation Agreement" and "Water Purveyor Agreement" shall be in the form approved by the council.

(Ord. No. 09-674, 3-17-2009)

The applicant shall pay the cost of the main extension necessary to satisfy the appropriate frontage requirements in the following ways:

(a) The applicant may contract for the installation of the main extension by private contractor. The design, construction, collection of fees and deposits, inspection and acceptance of the work shall be in the same amounts and in the same manner as for subdivision construction. If refunding agreements are allowed, the applicant must furnish satisfactory evidence on the cost of the work, including at least two legitimate bids received for the work. Completion bonds will be required if the applicant requires the City certify water service will be available to the premises before the work is completed.

(b) The applicant may have the City install the main extension. Deposit for the construction of the main extension will be provided in accordance with the schedule of costs from time to time promulgated by the Director of Public Works and available at the City office. The deposit schedule shall reflect the City's costs for the pipeline, necessary appurtenances, administration, design and surveying fees.

Two methods are available for a customer to obtain a partial refund the cost of an individually financed main extension:

(a) After acceptance of a privately financed main extension, the City will require applicants whose property fronts upon the main extension to pay to the City a pro rata share of the original cost of the main extension before rendering service to the applicant. The City will refund such collections to the person who paid for the main extension, or successors or assigns. The terms and conditions of such refund shall be set forth in a Main Extension Refund Agreement executed by the Director of Public Works on behalf of the City. The Agreement shall provide, among other things:

(1) The refund shall be collected from persons who connect to the main within ten (10) years from the date of acceptance of the main by the City; and

(2) The person entitled to receive the refund shall keep the City informed as to their whereabouts.

The ten-year refund deadline may be extended for an additional ten (10) years upon written application to the council, presented at least sixty (60) days prior to the expiration of the first ten-year period.

(b) If the main is shown on an improvement plan of the City, indicating its proposed installation within a reasonable period of years, an agreement to refund the cost of the presently required section of the main may be entered into by the City, to be paid at such time as the main is scheduled for installation but, in no event, shall any such City refund be made more than ten (10) years after the City's acceptance of the main.

(Ord. No. 09-674, 3-17-2009)

(a) An application for service to property to be subdivided shall not be acted upon until the completion of a preliminary design report at the applicant's expense.

(b) The preliminary design report is the basis for the Director of Public Works' recommendation to the council as to the facilities required, and the estimated amount of City participation in the proposed water system.

(c) The Director of Public Works shall also review the preliminary design to determine the feasibility of providing recycled water service to the proposed subdivision. The Director of Public Works shall make his recommendations to the council as to such feasibility when the preliminary design report for the subdivision is presented to the council. To the extent feasible, the preliminary design shall use the criteria established for landscaping plans adopted by the city or county with jurisdiction by law under the Water Conservation in Landscaping Act. The preliminary design shall be at least as strict as the criteria established under the Water Conservation in Landscaping Act and may include additional water conservation requirements.

(d) The council shall consider the report and recommendation of the Director of Public Works and the preliminary design report. The council shall approve the final design report for the water system improvements for the subdivision.

(e) Subdividers shall install the water system shown in the final design report, including service connections to each lot. The timing of City construction shall be at the sole discretion of the council.

(f) Before the City will certify it will furnish water to the subdivided lands, the subdivider shall provide the City with security sufficient to insure the water improvements described in the final design report will be constructed. Such improvement security shall be subject to the approval of the City. Such security shall be equal to 100% of the total estimated cost of the improvement at the end of the period allowed for completion of the facilities plus such additional amount, if any, necessary to guarantee the work for a period of one year following its completion against any defects in workmanship, labor done, or defective materials, furnished. The amount may be increased or decreased by the council upon the recommendation of the Director of Public Works.

(g) Subdivision distribution lines and service connections, including meters and other appurtenances, shall become and remain the property of the City and shall be dedicated to the City before the City will undertake water service to the subdivision. The total construction cost of the water system shall be certified to the City by the subdivider.

(Ord. No. 09-674, 3-17-2009)

(a) Prior to approval of water system plans, the subdivider shall execute a deposit agreement for sufficient number of meters to serve each lot within the proposed subdivision. If additional meters are required prior to completion of construction; or if any lots require an increase in meter size, added fees and deposits shall be paid and revisions made in the deposit agreement. A credit will be allowed for excess deposits.

(b) Construction water will be provided through a temporary service connected to the City's metered facilities through a main tap designed to accommodate the permanent water system required to service the subdivision for which such temporary water is requested. Fire hydrant meters may be used only at the discretion of the Director of Public Works.

(c) The subdivider may pay the construction and conservation fees for the size of such master meter in addition to the cost of the meter and installation, and obtain water at regular rates or pay only for the setting of the master meter and obtain water at temporary water rates.

(d) Temporary service connections shall be discontinued and terminated within six months after installation, unless, an extension of time is granted in writing by the Director of Public Works. Upon discontinuance of such temporary service, a refund of the salvage value of the recovered meter will be made.

(e) Prior to the acceptance by the City of the water system, the subdivider shall pay the master meter charges and monthly service charges for each parcel within the subdivision occupied or approved for occupancy by the local agency with jurisdiction by law.

(f) On acceptance by the City of the water system for a subdivision and payment of the final bill, the master meter charges shall cease and the subdivider shall be no longer responsible for the payment of monthly service charges for parcels within the subdivision.

(g) On acceptance by the City of a portion of the water system for a subdivision, the subdivider shall no longer be responsible for the payment of monthly charges for the parcels within the portion of the subdivision receiving service from the accepted portion of the water system. The City will set up and maintain meter reading routes for meters turned on in areas accepted by the council. The total water passing through such meters will be subtracted from the subdivider's Master Meter reading, prior to the preparation of the master meter water bill.

(Ord. No. 09-674, 3-17-2009; Ord. No. 16-744, § 2, 12-13-2016 )

(a) A person who occupies property prior to the acceptance or partial acceptance of the water system by the City serving the property is not a customer of the City.

(b) On acceptance a partial acceptance of the water system serving a subdivision, service to individual parcels receiving or capable of receiving service from the accepted water system shall terminate unless application for water service is made and fees and deposits made in accordance with these regulations.

(a) The City intends to install certain transmission and distribution mains, pumping plants, and tanks throughout the City and within improvement districts with the proceeds of bonds, as the need arises. The City may undertake the expansion of facilities to serve the applicant's property if the facilities are shown on an improvement district plan or provide general City benefit.

(b) The construction fund shall be used to pay for the installation of facilities to accommodate new customers and water demand. Facilities satisfy system deficiencies including but not limited to applicant's property, the Director of Public Works shall recommend to the council construction funds be expended for such propose.

(c) When there is an existing distribution main in the public street or right-of- way, from which corner property may receive water service from the City, and a service connection is requested (except by a subdivider, who shall be required to pay the entire expense of the necessary main extension) beyond the corner property on the other frontage of the public street and the requested service connection requires an additional main extension, the City will install, at customer's expense, the necessary water main for the width of the corner property or 150 feet, whichever is the shorter. Distances shall be measured from the front line of the corner property, projected if necessary to eliminate property returns.

(d) The City may supply a meter box, meter, valves, pipes and connections to the upstream side of the meter, at customer's expense. Customer shall install pipes and vales on the downstream side of the meter to satisfy the customer's needs.

(Ord. No. 08-669, 10-21-2008; Ord. No. 16-744, § 3, 12-13-2016 )

(a) Should the City desire to install facilities in excess of those needed to meet the applicant's service and fire flow demands, the cost of the excess facilities shall be borne by the City.

(b) Should an applicant desire the installation of a water main to meet specialized service or fire flow requirements, the costs of the extra work shall be borne by the applicant. In such a case, the City will not participate in the side frontage as provided above. However, the side frontage will be deducted from the total frontage prior to calculating the unit reimbursement amount for the frontage.

(c) On acceptance of the facility with excess capacity, the City will, for a period of ten (10) years following such acceptance, require subsequent applicants whose property fronts upon the facilities, to pay to the City the applicant's pro rata share of the original cost of the facilities before rendering service. The City will refund such collections to the person, successors of assigns, who provided the excess capacity. If the subsequent applicant's water service and fire flow requirements could have been met without the facilities with excess capacity, the subsequent applicant shall only be required to pay the City pro rata share of outstanding un-reimbursed costs of the facilities without considering excess capacity.

City facilities relocated for the convenience of someone other than the City shall be moved at the sole expense of the person requesting the relocation. If construction is endangering the safety of a City facility, or is causing a facility to become a hazard, the facility will be relocated by the City, and the person causing the hazard shall pay for the full cost of the relocation.

Mains and appurtenances connected to the City's distribution system shall become the property of the City, and shall be operated and maintained by the City. Dedication of such mains and appurtenances to the City shall be made, in a form acceptable for recording, prior to commencement of service through the new system.

A group of applicants for service along a street or right-of-way in which a main could be installed to satisfy frontage requirements, and who represent 60% or more of the owners of frontage may file an application to form an assessment district to finance the improvement. The cost of forming the assessment district shall be advanced by the applicants, and prorated among the beneficiaries of the improvement on the successful completion of proceedings. A deposit in an amount determined by the Director of Public Works must be made to cover the costs of the preliminary design prior to proceedings being instituted by the City. No refunds will be made of monies expended if the proceedings are terminated prior to completion.

(a) Fire hydrants shall be installed by the City in accordance with water system design reports when requested by a property owner.

(b) If the fire hydrant is not located where the City may readily inspect for illegal connections or not constructed to City standards for public usage, a detector check valve shall be installed to detect illegal connections and water leaks. When a fire hydrant is constructed to City standards for public hydrants on a main constructed solely for this purpose and can be inspected for misuse from public vantage point by City personnel, the requirement for a detector check valve may be waived. But the requirement shall not be waived for private-owned fire suppression sprinkler systems.

(c) The requirements for installation of a detector check valve may be waived when it is not possible to install the valve due to a high water pressure. When the requirement for a detector check valve is waived for this reason, the applicant shall provide the City with perpetual access to the fire hydrant to make inspections to determine compliance with rules and regulations and shall construct the hydrant in accordance with City standards for public fire hydrants. When both of these conditions cannot be met, the Director of Public Works may authorize the installation of a single service to provide both domestic and fire service complete with a pressure regulator and a compound meter to measure water delivered to the property. In this case, the main meter of the compound meter shall act as a detector check valve and be subject to all fees and penalties associated herein. The applicant shall pay the City the actual cost of installing the necessary facilities.