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Ord. No. 1720-NS
ORDINANCE NO. 1720-NS
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF THOUSAND OAKS ADJUSTING AND
SETTING RATES AND FEES OF THE CITY WATER
DIVISION (UNCODIFI ED) AND AMENDING
THOUSAND OAKS MUNICI PAL CODE TITLE 10
UTILITIES CHAPTER 2 WATER
WHEREAS, Section 5471 of the Health and Safety Code requires that rates and fees of the City Water Division be adopted by City Council action; and
WHEREAS, clean water and good sanitation are essential to public health and safety and improve the quality of life for residents; and
WHEREAS, the City Council of the City of Thousand Oaks has adopted Ordinance No. 1694-NS which establis hes the authority for imposing and charging fees for the Water Division; and
WHEREAS, Thousand Oaks Munici pal Code Section 10-2.701 (d) provides for the escalation of plant investment fees, special facilities surcharges, and fire flow surcharges, this section stating that charges shall be adjusted biennially by a factor based upon the increase or decrease in the Engineering News Record (ENR)’s Construction Cost Index for Los Angeles based upon the change from the preceding two (2) years’ July-to-July period; and
WHEREAS, the July 2023 ENR Construction Cost Index for Los Angeles was 15146.62, an increase of 15.90 percent from July 2021; and
WHEREAS, in the adoption of this Ordinance, the City of Thousand Oaks desires to adjust the existing water plan t investment fees, special facilities surcharge fees, and fire flow surcharge fees; and
WHEREAS, in the adoption of this Ordinance, the City of Thousand Oaks has followed the provisions of Government Code Section 66000 et seq. relating to the setting of fees and charges that do not exceed the estimated reasonable cost of providing the services for which the fees or charges are made; and
WHEREAS, Thousand Oaks Municipal Code Section 10-2.705(c) allows the pass-through of wholesale water and energy charges and Proposition 218 requirements have been complied with.
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Ord. No. 1720-NS
NOW, THEREFORE, the City Council of the City of Thousand Oaks DOES ORDAIN as follows:
PART 1
(Uncodified)
Ordinance No. 1694-NS is hereby repealed only to the extent inconsistent with this Ordinance, concurrent with the effective date of this Ordinance. Some of the water fees, charges, formulas, and related cost recovery matters are restated in this Ordinance and have not been modified or altered from the earlier Ordinance No. 1694-NS therefore, the respective portions of the facility or capital improvement financial plans, operating expense reports and budgets, future facility needs and cost studies, City Council findings and nexus reports associated with the earlier Ordinance ar e incorporated herein and re-approved by the City Council.
PART 2
Section 10-2.710 of the Thousand Oaks Municipal Code is hereby amended to read as follows:
Sec. 10-2.710. Street sweeping.
Water for street sweeping operations wi thin the City Water Service Area and pursuant to a City franchise agreement shall be obtained fr om City-approved fire hydrants and billed annua lly at a fixed rate. Pa yment shall be made in advance of water use and the fixed rate shall be as set by City Council action.
PART 3
Section 10-2.902 of the Thousand Oaks Municipal Code is hereby amended to read as follows:
Sec. 10-2.902. Due dates.
All water bills with the exception of those covered under “Miscellaneous Uses” shall become due and payable upon presentation. Such bills shall have a due date of twenty-one (21) days, and becom e delinquent and subject to penalty charges in an amount set by City Council action if not paid in full on or before twenty-eight (28) days after the bill ing date. Reminders shall be sent to customers whose bills have not been paid within twenty-one (21) days to advise them the account shall be subject to penal ties after twenty-eight (28) days and subject to discontinuance of service if not paid in full within sixty (60) calendar days from the due date printed on the front of the bill. Payments shall be to the City of Thousand Oaks Finance Department and may not be given to or received by the field personnel.
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Ord. No. 1720-NS
PART 4
Section 10-2.903 of the Thousand Oaks Municipal Code is hereby amended to read as follows:
Sec. 10-2.903. Due dates for miscellaneous uses.
All bills for fire hydrant service, wastewater lines flushing service, water for street washing and/or sprinkling, or water for flushing storm drains, culverts and the like, as well as any charges for City- performed operations or for unauthorized use of water issued during any calend ar month shall be due and payable on presentation and shall become deli nquent twenty-one (21) days after presentation.
PART 5
Section 10-2.909 of the Thousand Oaks Municipal Code is hereby amended to read as follows:
Sec. 10-2.909. Delinquencies: Penalties.
Unless the payment of the water service billing is received on or before twenty- one (21) days from the billing date, a reminder notice shall be mailed notifying the customer that the bill shall be delinquent and subject to penalty charges in an amount set by City Council action if not paid in full on or before twenty-eight (28) days after the billing date. Furthermo re, water service shall be subject to discontinuation if not paid in full within sixty (60) calendar days from the due date printed on the front of the bill. T he amount due shall consist of the entire unpaid balance. Unless the payment of the entire unpaid balance is made within such time period, arrangements for an alternative payment plan are made, or exemption criteria are met, water service may be discontinued to the premises, whether or not the customer is present. In the event payment is not made within such period and water service has been di scontinued, a service charge as set by City Council action shall be applied to the bill. Penalty fees for delinquent payments shall be assessed in an amount set by City Council action.
PART 6
Section 10-2.911 of the Thousand Oaks Municipal Code is hereby amended to read as follows:
Sec. 10-2.911. City to use all necessary remedies.
The City and its proper officers, agents, or employees shall promptly, efficiently, and economically take all steps, actions or remedies necessary for the collection
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Ord. No. 1720-NS
of charges and the penalties thereon (inc luding the enforcement of the lien of such charges and penalties). Such rem edies for collecting and enforcing the rates and charges shall be cumulative and may be pursued alternately. As determined by the City Treasurer, a list of delinquent charges shall be recorded.
If any one remedy provided for in this section is held to be invalid, all valid remedies shall remain effectual.
Part 7
(Uncodified)
That the following rates, charges, and fees shall be set for the City Water Division in accordance with Chapter 2 of Title 10 of the Thousand Oaks Municipal Code:
I. In accordance with Section 10-2.701, Plant Investment Fees shall be as follows:
A. Plant Investment Fee. The assessment of the plant investment fee shall be computed as follows:
By Property Type* AWWA Ratio** Rate
Single-family detached home 1.00 $10,280
Single-family detached condominium 1.00 $10,280
Residential condominium, townhouse,
mobile home, apartment, duplex, granny
flat, secondar
y unit, per dwelling unit
0.75 $7,710
Motel, hotel, congregate care units, with
kitchens per dwelling unit 0.50 $5,140
Commercial if 10 or fewer fixture units & low
water use*** 0.50 $5,140
By Meter Size* AWWA Ratio** Rate
5/8"x3/4" or 3/4" 1.00 $10,280
1" 1.67 $17,168
1 1/2" 3.33 $34,232
2" 5.335 $54,844
3" 11.67 $119,968
4" 21.00 $215,880
6" 43.33 $445,432
*Generally, a customer is charged based upon the "property type"
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Ord. No. 1720-NS
unless that category does not fit. E xceptions include a single-family dwelling or condominium project having larger than a 3/4" meter, kitchen and dining facilities at a motel, hotel, or congregate-care facility, and any irrigation meter. The charge for t hese customers is to be based on equivalent meter size of the estimated water demand.
**Approximate American Water Wor ks Association (AWWA) ratio to single-family detached hom e or to 5/8" x 3/4" or 3/4" meter as appropriate.
***Fixture units as defined in the City of Thousand Oaks Plumbing Code using the water demand weight of fixtures; low water usage corresponds to eight (8) HCF per month or less.
B. Escalation. In accordance with Section 10-2.701( d), all Plant Investment Fee charges in this Ordinance shall be increased or decreased biennially.
C. Vested Maps. Development projec ts with an approved vesting tentative map which had an applicat ion deemed complete by the City shall pay the indexed water pl ant investment fee based on the completion date below, per EMU:
Prior to January 1, 2024 On or after January 1, 2024
$8,870 $10,280
II. In accordance with Section 10-2.702, special facilities surcharge fees shall be as follows:
A. Special Facilities Surcharge Fees
Single Family Detached: per Unit
- Kelley/Ventu Zone $4,907
- Wilder / Grissom Zone $6,685
Condominiums, Townhouses, Mobile Homes: per Unit
- Kelley/Ventu Zone 0.75 x above
- Wilder / Grissom Zone SFD fees
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Ord. No. 1720-NS
Apartments, Duplex: per Unit:
- Kelley/Ventu Zone 0.75 x above
- Wilder / Grissom Zone SFD fees
Motel, Hotel, Congregate Care: per Room or Suite
- Kelley/Ventu Zone 0.50 x above
- Wilder / Grissom Zone SFD fees
Commercial Projects with 8 or fewer Fixture Units
- Kelley/Ventu Zone 0.50 x above
- Wilder / Grissom Zone SFD fees
Irrigation Meters -0-
All others, on a building-by-
-building basis
*Per formula below with a
minimum charge equal to “SFD”
char
ge per site/project
* SFS=SFD amount x {_FF_ x 0.5 + F.U. x 0.25 + Sq. Ft. x 0.25} 1000 20 3000
Where:
SFS = Special facilities surchar ge per site/project
SFD = Sin gle-family dwelling
FF = Required fire flow for site/project
F.U. = Fixture units in site/pro ject
Sq.Ft. = Total site/pro ject square footage
B. Escalation. All Special Facili ties Surcharge Fee charges in this Ordinance shall be adjusted biennially by a factor based upon the increase or decrease in the Engineering News Record (ENR)’s Construction Cost Index for Los Angeles based upon the change from the preceding two (2) years’ July-to-July period.
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Ord. No. 1720-NS
Ill. In accordance with Se ction 10-2.703, the fire flow surcharge fees shall be:
A. Fire Flow Surcharge Fees
Required fire flow Residential All Others
0-1,250 gpm $0 $0
Required fire flow
1,251-1,750 gpm 10% of PIF $7,551 or 10% of PIF*
Required fire flow
1,751 - 2,250 gpm 20% of PIF $15,070 or 20% of PIF*
Required fire flow
Over 2,250 gpm 30% of PIF $22,61 7 or 30% of PIF*
Required fire flow
*Whichever is greater, per site/project.
Fire flow surcharge fees shall not be applied to the PIF for any irrigation meter.
B. Escalation. All Fire Flow Surcharge Fee charges in this Ordinance shall be adjusted biennia lly by a factor based upon the increase or decrease in the E ngineering News Record (ENR)’s Construction Cost Index for Los Angeles based upon the change from the preceding two (2) years’ July-to-July period.
C. Refunds of Previous Payments. Where payments of fire flow surcharge fees have been made at hi gher rates, refunds shall not be made. Where an agreement has been executed for the deferred payment of this fee, the amount due shall be the amount shown on the deferred agreement.
IV. In accordance with Section 10-2.705, the base or minimum domestic (including single-family residential, mu ltiple-family dwellings, apartments, commercial buildings, and trailer courts) rate shall be as follows:
A. Single Units Rate:
On or after January 1, 2024: On or after January 1, 2025:
Meter Size Base Rate
(Monthly) Meter Size Base Rate
(Monthly)
5/8" or 3/4" $27.58 5/8" or 3/4" $28.41
1" $43.22 1" $44.52
1-1/2" $82.33 1-1/2" $84.80
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Ord. No. 1720-NS
2" $129.26 2" $133.14
3" $277.86 3" $286.20
4" $496.85 4" $511.76
6" $1,020.86 6" $1,051.49
B. Multiple Units Rate (including multiple family dwellings, apartments, commercial buildings and trailer courts): Same as single units.
C. Groundwater accounts are not charged a base meter charge as total program costs are collected through the quantity rate.
D. Charges for portions of billing peri od: a property connected to the water system for a portion of a billing period shall be billed for the portion of the period service is received.
E. In accordance with Section 10-2.705, the quantity rate shall be as follows per one hundred (100) cubic feet.
1. Non-Single-Family Re sidential Quantity Rate:
On or after January 1, 2024 On or after January 1, 2025 $6.27 $6.78
2. Single-Family Residential Quantity Rate:
On or after January 1, 2024: On or after January 1, 2025:
Tier Rate Tier Rate
Tier 1 (0-12 HCF) $5.91 Tier 1 (0-12 HCF) $6.41
Tier 2 (13-30 HCF) $6.50 Tier 2 (13-30 HCF) $7.01
Tier 3 (31+ HCF) $6.84 Tier 3 (31+ HCF) $7.36
F. Pumping Lift Rate. The rate shall be charged to all water services that rely on one or more pumping lifts in the City system, in accordance with Section 10-2.705. The pumping lift rate shall be:
On or after January 1, 2024 On or after January 1, 2025 $0.43 $0.45
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Ord. No. 1720-NS
G. Groundwater Rate. The rate is based on non-single-family residential rates, in accordance with Section 10-2.706, per one hundred (100) cubic feet shall be:
On or after January 1, 2024 On or after January 1, 2025 $6.27 $6.78
H. In accordance with Sections 10-2.707 and 10-2.708, the following shall apply for construction water and unmetered water furnished by the City:
1. Construction Water. The rate is based on charging the same commodity rate as for SFR Tier 3 rates per one hundred cubic feet, and a monthly meter base rate of a 3” meter. The rates shall be:
On or after January 1, 2024: On or after January 1, 2025:
CW Rate $6.84 CW Rate $7.36
Meter Base Rate $277.86 Meter Base Rate $286.20
2. Unmetered Water. Unmetered water is for projects where a water system has been declared usabl e but has not been accepted by the City Council and the subdivider, builder, or developer requests the use of or uses unmetered water for incidental onsite construction purposes. Unmetered water shall be charged a monthly fee equal to that of the base rate of a 3/4" water meter per lot. The subdivider, builder or developer shall be responsible for the payment of the charge until such time as the new owner or occupant signs an application for metered service at which time the regular service charges shall apply.
If water use during the period the ava ilability rate is in effect is estimated to exceed three (3) hcf per service per month, the Public Works Director may increase such monthly service charge to reflect the estimated usage.
3. Payment Due Date: Payment is due on all invoices for construction water and unmetered water within 21 days of the date of the invoice; the invoice becomes delinquent then after.
I. Penalties. In accordance with Section 10-2.902, delinquent invoices shall be assessed a basic penalty equal to ten (10%) percent of the unpaid water service charge. An additional penalty, equal to one half of one percent (0.5%) of the unpaid water se rvice charge shall be
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Ord. No. 1720-NS
charged each month, or fraction thereof, that t he water service charge and the basic penalty of the previous billing period remain unpaid.
J. Overhead Rate. In accordance with Sections 10-2.712 and 10-
7.715, the overhead rate is included in the approved fully-burdened hourly rate.
K. Fire Sprinkler and Private Fire Hydrant. In accordance with Section 10-2.713 and 10-2. 305, the minimum rate for each automatic fire sprinkler service and private fire hydrant shall be:
On or after January 1, 2024: On or after January 1, 2025:
Size of Service
Connection
Monthly
Charge
Size of Service
Connection
Monthly
Charge
2-inch and smaller $2.34 2-inch and smaller $2.42
3-inch $6.77 3-inch $6.98
4-inch $14.40 4-inch $14.84
6-inch $41.82 6-inch $43.08
8-inch $89.10 8-inch $91.78
10-inch $160.21 10-inch $165.02
12-inch $258.79 12-inch $266.56
L. Installation Fee. The administrat ive fee for the installation of non- construction water meters shall be computed as follows:
On or after January 1, 2024:
Meter Size: Flat Rate:
5/8" x 3/4" or 3/4" $460.00
1” $580.00
M. Street Sweeping. In accordance with Section 10-2.710, the street sweeping charges shall be the Non- Single-Family commodity rate based on the average or estimated us e of City water of 200 HCF per year. The annual billing shall be:
On or after January 1, 2024: On or after January 1, 2025:
Flat Annual Rate: $1,254 Flat Annual Rate: $1,356
N. Any water-related fees not set forth in this ordinance may be set forth in the User Fee Manual or other ordinance or resolution.
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Ord. No. 1720-NS
PART 8
Continuation
(Uncodified)
Repeal of any provision of Ordinance No. 1694-NS herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violati on occurring before, this Ordinance's effective date. Any such repealed part will remain in full forc e and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
PART 9
Severability
(Uncodified)
If any section, sentence, clauses, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. The City Council hereby declares that it woul d have passed this ordinance, and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clause, or phrases be declared invalid or unconstitutional.
PART 10
Effective Date
(Uncodified)
This Ordinance shall take effe ct at 12:01 a.m. on the first (1 st) day of January 2024 following its final passage and adoption.
PASSED AND ADOPTED this XX day of XXX, 202X, by the following vote:
Ayes:
Noes:
Absent:
_______________________________
Kevin McNamee, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
_____________________________
Laura B. Maguire, City Clerk
Date Attested: _________________
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Ord. No. 1720-NS
APPROVED AS TO FORM:
Office of the City Attorney
_____________________________
Tracy Friedl, Assistant City Attorney
APPROVED AS TO ADMINISTRATION:
______________________________
Andrew P. Powers, City Manager
Introduced: November 7, 2023
Published: November 9, 2023 and xxx x, 202x
Ordinance No.: 1720-NS
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.