Santa Paula Municipal Code Part 7 Fees, Charges and Computations

(A) Fees and charges made and collected in accordance with and under the authority of this chapter must be set and established by the City Council.

(B) Rate and charges shall be as follows:

(C) This section becomes effective 30 days after adoption.

(D) In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the City Council has determined that the increases in the water service charges are exempt from CEQA pursuant to Section 15378 and Section 15273 of the CEQA Guidelines and Cal. Public Resources Code § 21080(b)(8) because:

(1) The increased charges are for the purpose of meeting operational and maintenance expenses of the aforementioned services; and

(2) The charges constitute the creation of a funding mechanism/other governmental fiscal activity that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment.

(Ord. 1093, passed 2-17-04; Am. Ord. 1115, passed 7-6-04; Am. Ord. 1138, passed 7-5-05; Am. Ord. 1157, passed 6-5-06; Am. Ord. 1214, passed 8-17-09; Am. Ord. 1287, passed 11-20-19)

Except as otherwise provided in this chapter, whenever the fees and charges required by this chapter are based on estimated values or estimated quantities, the Director must make the necessary determinations in accordance with established practices.

(Ord. 1093, passed 2-17-04)

(A) User fees. All persons connected to the city’s sewer system must pay to the city monthly fees for sewer service as established by the City Council.

(B) Industrial wastewater discharge permit fees. All persons requiring an industrial waste discharge permit must pay to the city a yearly permit fee as established by the City Council.

(C) Service fees. Should the city or its agents perform required industrial wastewater sampling, analysis, review, flow measurements or other activities for an industrial user, said user must be held responsible for all accrued costs. Fees for the service must be as established by the City Council.

(D) Connection fees. The Director must charge and collect the fees specified by the City Council from persons connecting to the city sewer system, from applicants for permit and permittees under this chapter and from users of the city sewer system.

(Ord. 1093, passed 2-17-04; Am. Ord. 1214, passed 8-17-09)

(A) The total flow of industrial wastewater discharged by the industrial user must be measured by the Director by means of:

(1) A metering device, approved by the Director and obtained, installed, and maintained at the expense of the user; or

(2) Estimate determined from total water used in the area occupied by the user.

(B) The Director must select the method to be used unless the discharger can demonstrate that another method will more accurately represent the discharge.

(Ord. 1093, passed 2-17-04)

(A) A charge for wastewater of the quality or character as to impose upon the city unusual operation and maintenance or capital cost whether or not related to flow volume, BOD, SS, or peak flow rates must be set by the Director and paid by the user.

(B) These charges must be reasonably calculated to defray cost attributable to the wastewater.

(Ord. 1093, passed 2-17-04)

(A) On an annual basis, the City Council may determine by resolution whether to make a low-income senior rate available to persons who qualify for such a discounted rate pursuant to this section. Nothing in this section creates, or is intended to create, a property right for qualified persons to a low-income senior rate as described by this section. Rather, establishing a low-income senior rate is a discretionary determination made by the City Council annually that is dependent, among other things, on projected interest revenue derived from the city's sewer enterprise fund.

(B) Persons meeting the qualifications in this section may, but are not required to, pay a discounted rate equal to the monthly residential sewer service fee established by this chapter minus a flat dollar amount determined by City Council resolution. In adopting a resolution determining the flat dollar amount, the City Council should consider the following matters:

(1) The interest revenue anticipated by the city budget for the city's sewer enterprise fund;

(2) The number of persons qualified to pay the discounted rate established by this section; and

(3) The residential sewer service fee established by this chapter.

(C) To qualify, a person must meet all these criteria in a given billing period:

(1) Be at least 62 years old;

(2) Be a qualified participant in the California Alternate Rates for Energy ("CARE") program established by Cal. Public Utilities Code §§ 739.1 and 739.2 as determined by the most recent California Public Utility Commission decisions. For example, and not limitation, the CARE income limit for a one or two person household is $28,600 until May 31, 2007; and

(3) Be a residential sewer customer or a legal tenant in a mobile home park legally operating pursuant to this code, as established by reasonable documentary evidence, where the tenant is directly responsible for paying the monthly residential sewer service fee established by this chapter.

(D) Applications for the low-income senior rate must be filed with the Finance Department. To apply for the low-income senior rate, a person must submit the following documents to the Finance Department:

(1) A signed photocopy of the CARE application form, or other competent acceptable evidence of CARE qualification and enrollment such as a recent Southern California Edison billing statement;

(2) A photocopy of proof of age; and

(3) Proof that the person resides at the residence or, as applicable, a mobile home park legally operating pursuant to this code where the tenant is directly responsible for paying the monthly residential sewer service fee established by this chapter.

(E) The low-income senior rate will first be recognized on the next full billing cycle after the date of approval. The Finance Department may require such additional evidence as it deems necessary or appropriate in processing the claim. Only one person from each household is permitted. The Finance Department, at any time, may require a person to provide proof of continuing eligibility. Any change in the qualification status of the person during the fiscal year of the allowance must be immediately reported by that person to the Finance Department.

(F) Persons who would otherwise qualify, but are billed through a master meter serving multiple housing units, are not eligible for the low-income senior rate.

(Ord. 1165, passed 10-2-06)