Objection to Proposed Camarillo Sewer Rates
By Linda G. Hillman
6357 Corte Tunitas, Camarillo, CA 93012
I object to the proposed sewer rates. The rates violate Proposition 218, because the residential rates are fixed, regardless of how much sewage the residence sends for treatment. Small users subsidize big users. The city has not met its burden of showing “that the amount of any contested assessment is proportional to, and no greater than, the benefits conferred on” properties with low sewer use, nor why it is proportional to vary business charges with use and not residential charges.
Prop 218 (California Constitution XIII D) requires,
● “No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel…
● “the burden shall be on the agency to demonstrate … that the amount of any contested assessment is proportional to, and no greater than, the benefits conferred on the property or properties in question.”
Government code 53759.2 says that any court case against the rates will be decided on the evidence submitted to the city, no new evidence.
Camarillo says written objections signed by owners or tenants are due by 5 pm May 12. Hearing is at 5 pm May 14. Submittal locations are Email: [email protected] and In Person:
Camarillo City Clerk, 601 Carmen Drive, Camarillo, CA 93010.
Camarillo charges businesses based on use. It’s fair to charge homes the same way. Everyone can control costs by conserving water. The cities would bill for gallons used, and customers who use less would pay less.
T o avoid charging sewer rates on irrigation water which does not get sewer treatment, some big irrigators in Simi V alley have landscape meters to keep irrigation water off the main meter. The California Model W ater Efficient Landscape ordinance encourages landscape meters for landscapes over 5,000 square feet. 1 Los Angeles City bills all year based on winter water use, when irrigation is low, so extra use for irrigation in drier warmer months does not entail sewer charges. Los Angeles says:
● “ Annually, your average daily sewage volume is calculated for the upcoming year, from July 1 through June 30, based on previous winter's lowest average daily sewage volume. The sewage volume is determined by evaluating the water usage for the premises during the rainy season review period.” Source:
1 23 CCR § 493.2.2(e)(1)
https://govt.westlaw.com/calregs/Document/I359E82E0CF6211EFAEE1BA05241FF137?viewType=FullT ext&origin ationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default) 1 Exhibit E
www.ladwp.com/account/customer-service/understanding-your-rates/residential-sewer-service-charge San Luis Obispo uses a variation, with a monthly cap based on winter use. San Luis Obispo says: ● “Water usage is tracked from December through February when irrigation systems are likely off.
The
usage
is
averaged
to
determine
the
sewer
cap
applicable
for
the
upcoming
year.”
Source:
https://www.slocity.org/government/department-directory/utilities-department/utility-billing/sewer-cap San Francisco assumes 10% for irrigation and lets people apply for a different factor. San Francisco says:
● “A discharge unit shall be based on the customer’s metered water use multiplied by the flow factor
and
represents
the
quantity
of
metered
water
use
returned
to
the
sewage
system
as
wastewater.
By
default,
residential
single-family
customers
are
assumed
to
have
a
flow
factor
of
90%
and
multi-family
residential
customers
are
assumed
to
have
a
flow
factor
of
95%.
Customers
whose
usage
of
water
varies
from
typical
patterns
may
apply
for
an
adjusted
flow
factor.”
Source:
https://www.sfpuc.gov/sites/default/files/accounts-and-services/Rates2024/2024-0625_1044_Rates_Schedule_Water_Sewer_WEB.pdf Camarillo has not met its burden of showing “that the amount of any contested assessment is proportional
to,
and
no
greater
than,
the
benefits
conferred
on”
properties
with
low
sewer
use,
nor
why
it
is
proportional
to
vary
business
charges
with
use
and
not
vary
residential
charges
with
use.
People vary in the water and sewer they use (sources attached): ● Oxnard bills $35.79 per month base rate plus $2.35 per Hundred Cubic feet (HCF). ● Ventura City bills $19 per month base rate plus $4.46 per HCF, to maximum of 12 HCF. ● Santa Barbara City bills $32.74 per month base rate plus $4.96 per HCF to maximum of 8 HCF.
● San Luis Obispo City bills $26.11 per month base rate plus $10.46 per HCF, to maximum based
on
winter
use.
● Los Angeles City bills $5.80 per HCF ● San Diego City bills $15.75 per month base rate plus $5.33 per HCF to maximum of 20 HCF.
● San Francisco bills $5.76 per month base rate plus $18.72 per HCF. Camarillo’s 2025 sewer rate study adds inflation to past rates, at 16% per year, to cover bonds for a new treatment plant. The monthly rate for single-family homes will go from $74 now to $86 in July 2 and $135 in 2028. The study expects it to reach $216 per month in 2033, to replace the old sewer plant.
2 That 2025 study says an earlier 2017 study (which is not posted on the City’s website and was obtained by public records request) covered allocation of costs. It showed different household sizes in
different
building
types,
and
assumed
average
use
was
proportional
to
household
size.
It
set
rates
based
on
average
use,
which
was
169
gallons
per
day
in
single
family
homes.
The
study
did
not
explain
why
the
city
should
not
set
rates
by
use,
as
it
does
for
non-residential,
and
as
the
same
consultant recommended for all customers in Ventura City in 2022. Cotati City says efficient homes use 25-30 gallons per person per day, and Denver recommends 40 (attached). Camarillo’s plan will charge some businesses $6.32 per Hundred Cubic Feet (HCF), plus a base charge.
So
proportional
rates
would
bill
each
family
$6.32
per
HCF
plus
a
base
charge.
The
base
would
be
$43
to
raise
the
same
money
as
the
proposed
flat
rate.
Camarillo sewer rate per month
At 30 gallons per person per day
At current average of 63 gallons per person per day (calculations below) City planned flat rate $86 $86 Average rate in different family sizes if it's based on use: 1 $51 $59 2 $58 $75 3 $66 $91 4 $73 $107 5 $81 $123 6 $89 $139 For sewer customers where Camarillo doesn’t provide the water, the city can ask the water provider for
usage,
as
they
do
with
commercial
customers.
If
the
city
doesn't
get
water
use
data,
the
city
can
(a)
ask
the
customer
to
provide
the
water
bill,
(b)
charge
for
high
usage
if
they
don’t,
and
(c)
every
year
or
two
check
the
meter
and
reconcile
charges.
In 2013 John Bakker, a city attorney for two cities, gave the attached presentation to the League of California Cities and recommended, “Avoid flat-rate and minimum charges unless the use-based 2 2025 Camarillo Sewer Rate study p.4 shows 16% rise per year through 2031, then 6% camarillo.primegov.com/api/compilemeetingattachmenthistory/historyattachment/?historyId=7e717bd1-5f0e-49d3-a 5b8-a5f0f74203fc Notice mailed, though with wrong phone number cityofcamarillo.org/hot_topics/utility_rates.php 3 justification is explained in detail.”
3 Bakker has extensive experience as an attorney for cities and special
districts.
Camarillo’s 2017 sewer rate study in 2017 (attached) cites the manual, Financing and Charges for Wastewater,
for
their
methodology.
The
2005
and
2018
editions
4 have
the
same
messages:
● “It is common practice to use metered water data to estimate customer-contributed residential
wastewater
volume
units
of
service
for
the
majority
of
customer
classes.”
2004-p.129
● “In recognition of the often significant amount of water used by residential customers for lawn
irrigation,
car
washing,
or
other
purposes
not
discharge
to
the
wastewater
system,
it
is
generally
reasonable,
for
allocation
purposes,
to
estimate
contributed
residential
wastewater
volumes
based
on
winter
usage
(where
irrigation
is
generally
limited
to
summer
months)
or
as
a
representative
percentage
of
total
annual
use
(where
irrigation
is
year-round).”
2004-p.129
● “Service units under the design basis include volume, capacity (peak wastewater volume), strength
(suspended
solids,
BOD,
and
TKN),
and
customer
billing
units.”
2004-p.134
● “under the functional-cost allocation methodology. Under this approach… capacity is not used
as
a
cost
determinant.
Volume,
strength,
and
the
customer
units
of
service
are
determined
in
the
same
manner
as
described
above
for
the
design-basis
methodology.”
2004-p.136
● “Cost-of-service studies are important as guides for determining the necessity for and level of
rate
adjustments
to
be
considered
in
recovering
costs
equitably
from
wastewater
system
customers.
The
importance
of
such
studies
is
that
they
make
policymakers
aware
of
all
factors
contributing
to
the
costs
incurred
in
providing
service
to
various
system
customers.
When
practical
or
policy
matters
dictate
deviation
from
cost
of
service,
decision-makers
can
be
apprised
of
the
dollar
effects
of
deviation.”
2004-p.142
● “Notably, cost-of-service rates are the standard for determination of rate equity.” 2018-p.60,
2005-p.145
● “Comparisons… provide information on the magnitude and direction of subsidies across customer
classes.”
2018-p.60,
2005-p.145
● “the use of fixed charges exclusively is steadily declining and being replaced by rate schedules
that
combine
fixed
charges
with
a
volume
rate.”
2018-p.61,
2005-p.146
● “The primary disadvantages of revenue recovery largely through fixed charges are potential inequities
in
the
distribution
of
cost
responsibilities
and
lack
of
affordability
for
4 2004 version of manual Financing and Charges for Wastewater Systems (27) (Manual of Practice ) https://search.worldcat.org/search?q=+0071453040&offset=1 2018
version:
Financing
and
Charges
for
Wastewater
Systems
(27)
(Manual
of
Practice)
,
4th
ed.
by
Water
Environment
Federation.
https://search.worldcat.org/search?q=9781572783478&offset=1
3 https://www.cacities.org/UploadedFiles/LeagueInternet/95/9511e374-8da9-4aa5-96dd-807988485fd1.pdf 4 small-volume users… Payment for quantities or services not received is contrary to cost-of-service
principles.”
2018-p.61,
2005-p.147
● “winter averaging. Under this approach, a customer’s wastewater billable units are determined
by
calculating
the
mean,
or
average,
of
the
customer’s
metered
water
consumption
during
a
designated
series
of
months…
when
outdoor
watering
is
at
a
minimum…
The
customer
is
then
billed
their
unique
winter
average
for
each
month
during
the
subsequent
year.”
2018-p.62
● “Average winter water use is generally considered to provide the most accurate estimation.” 2005-p.149
● “Uniform volume rates by customer class provide a mechanism… achieving cost recovery either
through
a
combination
of
a
customer
charge
and
volumetric
rate,
or
simply
by
a
single
rate-per-unit
of
billable
flow.”
2005-p.153
● “in many communities, a shift in revenue recovery from fixed charges to variable rates has been
made
to
support
water
conservation
objectives
or
simply
enhance
ratepayers’
control
of
wastewater
bills.”
2018-p.64,
2005-p.160
● “To the extent that these policy approaches result in inter- or intraclass subsidies, it is important
to
be
able
to
quantify
these
transfers.”
2005-p.161
● “If the current rate structure is a flat rate structure (i.e., the bill is fixed and does not vary with
level-of-service
use),
then
moving
to
a
(water
use)
volume-based
approach
could
assist
with
affordability.
The
reason
is
that
if
the
structure
is
volume-based,
a
customer
is
better
able
to
control
the
bill
by
altering
the
level
of
use.”
2018-p.89,
2005-p.224
I verify that the statements here and the attachments are accurate to the best of my information and
belief.
__________________________________________, record owner, dated: 5/12/2025 Linda G. Hillman, record owner 6357 Corte Tunitas Camarillo, CA 93012 Attachments Ventura City current rates https://www.cityofventura.ca.gov/DocumentCenter/View/40640/2024-25-Rates Oxnard rates since 2021 https://www.oxnard.gov/wp-content/uploads/2023/12/Wastewater-Rate-Sheet.pdf Santa Barbara City rates santabarbaraca.gov/sites/default/files/2022-06/FY23%20Sewer%20Rate%20and%20Fee%20Schedule.pdf 5 San Luis Obispo City rates slocity.org/government/department-directory/utilities-department/utility-billing/water-and-sewer-rates San Luis Obispo sewer cap slocity.org/government/department-directory/utilities-department/utility-billing/sewer-cap Los Angeles City rates https://sanitation.lacity.gov/san/faces/home/portal/s-lsh-au/s-lsh-au-r/s-lsh-au-r-b?_adf.ctrl-state=vp1fcvlh4_5&_afrLoop=15944878649373412#! Los Angeles City explanation of billing based on winter water use www.ladwp.com/account/customer-service/understanding-your-rates/residential-sewer-service-charge San Diego City rates https://www.sandiego.gov/public-utilities/customer-support/sewer-billing-rates San Francisco rates are on page 13 (p.26 of pdf) in https://www.sfpuc.gov/sites/default/files/accounts-and-services/Rates2024/2024-0625_1044_Rates_Schedule_Water_Sewer_WEB.pdf Cotati City FAQ on residential use https://www.cotaticity.gov/FAQ.aspx?QID=89 Denver City/County recommendations on residential use https://www.denverwater.org/residential/efficiency-tip/how-efficient-are-you-indoors Attorney John Bakker’s advice in 2013 to CA League of Cities is on p.18 in cacities.org/UploadedFiles/LeagueInternet/95/9511e374-8da9-4aa5-96dd-807988485fd1.pdf Attorney John Bakker’s bio https://www.redwoodpubliclaw.com/john-d-bakker Camarillo 2017 sewer rate study by Raftelis (not publicly posted by city, obtained by public records request)
https://www.documentcloud.org/documents/25876235-camarillo-2017-wastewater-rate-study/ Ventura 2021 sewer rate study by Raftelis cityofventura.ca.gov/DocumentCenter/View/26850/2021-Cost-of-Service-and-Rate-Design-Study-Report 6