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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF THOUSAND OAKS ADJUSTING AND
SETTING RATES AND FEES OF THE CITY
WASTEWATER DIVISION (UNCODIFIED) AND
AMENDING THOUSAND OAKS MUNICIPAL CODE
TITLE 10, CHAPTER 2 REGARDING
WASTEWATER UTILITIES
WHEREAS, Section 5471 of the Health and Safety Code requires that rates and fees of the City Wastewater 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 Nos.1721-NS and 1738-NS which establish the authority for imposing and charging fees for the Wastewater Division; 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, pursuant to Resolution No. 67-7, the City of Thousand Oaks established a Municipal Sewer District; and
WHEREAS, the adoption of Thousand Oaks Municipal Code (TOMC) sections 10-1.703, 10-1.901, 10-1.902, 10-1.908, and 10-1.909, allows for wastewater service charges for single-family residential properties to be collected on the Ventura County property tax roll; and
WHEREAS, Section 5473 of the Health and Safety Code requires that wastewater service charges collected on the Ventura County property tax roll be adopted by City Council action.
WHEREAS, the City finds it necessary to clarify the procedures governing wastewater billing adjustments to ensure consistent, transparent, and equitable application of billing corrections, refunds, and repayment plans; and
WHEREAS, these amendments establish uniform time limits for billing corrections and align with California Code of Civil Procedure Section 338(a), ensuring compliance with state law while protecting both customers and the ATTACHMENT #2
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City’s financial integrity; and
WHEREAS, the City finds it necessary to establish a formal process for customers to appeal disputed wastewater bills, ensuring due process, transparency, and consistency in the resolution of billing disputes while maintaining uninterrupted service for customers who have timely filed an appeal and paid all undisputed charges.
NOW, THEREFORE, the City Council of the City of Thousand Oaks DOES ORDAIN as follows:
PART 1
(Uncodified)
That Ordinance Nos. 1721-NS and 1738-NS are hereby repealed to the extent inconsistent with this Ordinance, concurrent with the effective date of this Ordinance. Some of the wastewater fees, rates, charges, formulas, and related cost recovery matters are restated in this Ordinance and have not been modified or altered from the earlier Ordinance Nos. 1721-NS and 1738-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 ordinances are incorporated herein and re-approved by the City Council.
PART 2
Section 10-1-906 of the Thousand Oaks Municipal Code is amended to read as follows:
Sec. 10-1.906. Errors: Adjustments.
(a) A recipient of wastewater service charge billing who has a complaint or question concerning their bill, shall have the opportunity to review the problem with the Public Services Division of the Finance Department during regular business hours. The Public Services Division shall have the authority to correct any billing errors identified through this review.
(b) Adjustments in the opening and closing dates of an account shall not be made unless approved by the Public Works Director or the Finance Director. With respect to opening dates, the date on the application or date of transfer of property shall control unless otherwise approved.
(c) When the Public Works Department or the Finance Department identifies an error in billing or account calculation, the Public Services Division shall have the authority to correct the billing errors. Where adjustments are necessary, the City shall evaluate the adjustment using past data and other factors necessary to make an adjustment.
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(1) Overbilled Accounts. When a customer has been overbilled, the City will credit the account for the amount overcharged. Upon written request, the customer may receive a refund instead of a credit. Billing corrections shall not exceed three (3) years from the date the error is identified. If the error occurred for a shorter period, the correction will be limited to that period. (2) Underbilled Accounts. When a customer has been underbilled, the City may bill the customer for the unbilled amount. Billing corrections shall not exceed three (3) years from the date the error is identified. If the error occurred for a shorter period, the correction will be limited to that period.
The City may allow repayment through an installment plan in accordance with City administrative policies.
(d) A customer who disputes the correctness of a wastewater bill issued directly by the City shall notify the City’s Public Services Division in writing within twenty- one (21) days from the billing date and before the bill due date. The written notice shall describe the reason for the dispute. The decision of the Public Services may be appealed pursuant to Section 10-2.906(e). This subsection shall not apply to customers whose charges are collected through the Ventura County property tax roll.
(e) The decision of the Public Services Division may be appealed to the Finance Division Manager or Public Works Supervisor within ten (10) business days. During the review, the customer shall pay all undisputed portions of the bill to avoid penalties or service interruption. The Finance Division Manager or Public Works Division Supervisor shall review the account and provide a written response within ten (10) business days.
(f) If the customer disagrees with the Finance Division Manager’s or Public Works Supervisor’s determination, a written appeal may be filed with the Finance or Public Works Director within ten (10) days of the determination. The Finance or Public Works Director shall review the record and issue a final decision within thirty (30) business days. The Director’s decision shall be final.
PART 3
Section 10-1-909 of the Thousand Oaks Municipal Code is amended to read as follows:
Sec. 10-1.909. Delinquencies: Penalties.
Payments not received on or before twenty-eight (28) days from the billing date shall be deemed delinquent and subject to penalty charges in an amount set by City Council action. The amount due shall consist of the entire unpaid balance.
Wastewater service charges that are collected on the Ventura County property FIN:1000-22\tt\H:\COMMON\Council\2025\Public Services\110425 WW Ordinance Att #2.docx
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tax roll are not subject to the delinquency provisions in this section.
PART 4
(Uncodified)
That the following rates, charges and fees are and shall be set for the City Wastewater Division in accordance with Chapter 1 of Title 10 of the Thousand Oaks Municipal Code as follows:
I. Definitions
A. "Equivalent Residential Unit" (ERU) is a number which represents the discharge to the wastewater system which is equal to that from an average residential unit or 20 fixture units.
1. One ERU of average strength is equal to a discharge of 143 gallons per day.
2. One ERU for measured flow, industrial flow, or high flow is equal to a discharge of 150 gallons per day.
B. "Plumbing Fixture Unit" (PFU) is a number assigned to various physical plumbing appurtenances. The unit count of each fixture type is based on the relation to the amount of waste contributed as determined by the Public Works Director.
C. "Service Unit" (SU) is a number which results from the multiplication of the number of ERU's by adjustment factors for the user group to reflect the strength and volume of the discharge from that user group. The discharge from the average residential user is defined as being equal to one service unit.
D. "Service Unit Rate" is the monthly charge per service unit established by City Council.
E. "Connection Charge Rate" is the connection charge per service unit established by City Council.
F. "Connection Charge" is the connection charge rate multiplied by the number of service units.
G. "Strength Factor" (SF) is a number which converts the biochemical oxygen demand (BOD) and suspended solids (SS) of a discharge to a numerical value in proportion to average residential levels (BOD is equal to 290 mg/l and SS is equal to 290 mg/l) for the same variables.
H. "Flow Factor" (FF) is a number which converts the volume of a discharge to a numerical value in proportion to the volume of discharge FIN:1000-22\tt\H:\COMMON\Council\2025\Public Services\110425 WW Ordinance Att #2.docx
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for an average residential unit.
I. "Wastewater Service Charge" is the monthly charge which is the product of service units and the service unit rate.
J. "Kitchen" is an area equipped with permanent cooking and dish washing facilities for the regular preparation of meals.
K. "Bakery" is a large commercial operation which produces baked goods for wholesale purposes.
L. "Restaurant" is an establishment engaged in the retail sale of prepared food and drinks for on premises or immediate consumption. A "cafeteria" is similar in function and, with the exception of school facilities and non-commercial caterers, shall be deemed the same as a restaurant.
M. "School" is (1) a public or private educational institution with a campus which is dedicated to the instruction of children from kindergarten to twelfth grade, and (2) a public or private college or university with a campus which offers classes with a minimum duration of eight weeks.
N. "Market" is a large commercial operation with two or more of the following: seafood, produce, bakery, meat packaging/processing, or delicatessen.
O. "Condominium" means an estate in real property consisting of an undivided interest in a common portion of a parcel of real property, together with a separate interest in space in a building on such real property. A condominium may include, in addition, a separate interest in other portions of such real property.
II. In accordance with Section 10-1.701, connection charges shall be determined as follows:
A. Connection Charge. Connection charges shall be based upon the estimated flow, biochemical oxygen demand (BOD), and suspended solids (SS) of the discharge to the wastewater system.
1. Formula for Service Unit Determination:
SU = (ERU) x (Strength Factor) x (Flow Factor)
or
SU =(ERU) x (Strength and Flow Factor)
Where:
SU = Service Unit
ERU = Equivalent Residential Unit
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2. Strength and Flow Adjustment Factors for User Groups a. Residential:
User Group Strength and
Flow Factor
Single-family detached home 1.0
Single-family detached condominium 1.0
Residential condominiums, townhomes, mobile
homes 0.8
Apartment, duplex, granny flat, secondary unit, per
dwelling unit 0.8
Motel, hotel, and congregate care units, with
kitchens per dwelling unit 0.8
b. Commercial:
User Group Strength and
Flow Factor
Bakery 1.71
General Commercial (Offices/Retail/ All Other) 1.00
Market 1.70
Mortuary 1.70
Motel, hotel, or congregate care (without kitchen
per dwelling unit) 1.00
Restaurant 1.71
Restaurant (grease traps) 1.00
School 0.64
c. Industrial:
User Group Strength and
Flow Factor
Non-regulated or normal volume discharge 1.0
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d. Regulated Industrial Waste (as determined by the
Public Works Director) or high-volume discharge and car washes shall be calculated as follows:
Regulated Industrial
SU = Daily Flow x 0.62
150
Where:
SU = Service Unit
Daily Flow = Wastewater flow, gpd
High Flow (Car Wash)
SU = Daily Flow x 0.67
150
Where:
SU = Service Unit
Daily Flow = Wastewater flow, gpd
In determining the number of service units for car washes, the calculation should include:
(1) car wash discharges, and
(2) discharges from other plumbing fixtures on the property All dischargers in this group shall be required to separately meter water used which is discharged to the wastewater
system. Meter can be public or private. Public meter requires payment of applicable fees.
The daily flow shall be based on data submitted by the user.
If actual flow exceeds this estimate by more than 25 percent in any subsequent one-year period as determined by metered water usage, the connection charge shall be recomputed, and the owner billed for additional charges due as a result of the higher-than-estimated flows. This provision shall apply to all industrial waste or high-volume dischargers and car washes where payment of wastewater connection charges was made on or after July 15, 1988.
Where the use of any discharger's facilities/premises in this group is changed or modified such that the change or
modification requires approval by the Community
Development Department, then the entire facility/premises shall be subject to the payment of additional connection fees FIN:1000-22\tt\H:\COMMON\Council\2025\Public Services\110425 WW Ordinance Att #2.docx
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as previously outlined.
e. Alternative Factors. The adjustment factors for other user groups shall be as determined by the Public Works
Director based on the volume and the strength of the
discharge in Paragraph A of this Section. The total volume of water used from public and private sources may be
determined by means of public or private meters, installed and maintained at the expense of the user and approved by the Public Works Director.
The formulas noted in a. through d. above are procedures to attempt to accurately estimate flow and waste strength. If the Public Works Director determines that any of the above
applied procedures do not accurately represent the flow being discharged to the City sewer system, the Public Works
Director may make a determination to correct the flow
discrepancy in accordance with established engineering
practices.
3. Connection Charge Rate: The connection charge rate per service unit shall be:
4. Connection Charge: The actual connection charge shall be determined by multiplying the number of service units by the connection charge rate per service unit.
5. Minimum Number of Plumbing Fixture Units:
a. For purposes of connection charge calculations, the
equivalent residential units for bakery, market, restaurant and mortuary categories shall be determined by using the actual number of installed fixture units with a minimum of 10
plumbing fixture units.
b. For purposes of connection charge calculations,
commercial users with a low volume of wastewater discharge and with ten (10) or less installed plumbing fixture units shall be assigned one-half (1/2) of a service unit.
c. For purposes of connection charge calculations, all
other commercial users shall be charged using the actual number of installed plumbing fixture units, with a minimum of On or after January 1, 2026
$11,608
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20 plumbing fixture units.
6. Revisions to Service Unit Calculation:
a. If required by the Public Works Director, any non-
residential user may be required to submit the test results of an analysis performed by a certified laboratory on a
representative 24-hour composite sample of a comparable wastewater discharge. The analysis shall be for BOD, SS and/or any other parameter(s) as may be required by the Public Works Director.
b. In the event a user believes that the strength and/or flow factors assigned are not applicable, said user may have a comparable wastewater discharge analyzed by a certified laboratory. The Public Works Director shall review these results and may make an adjustment to the strength and/or flow factors if the above-described submission is judged to be representative of the user's anticipated wastewater strength and flow.
c. All costs to obtain said wastewater analyses shall be arranged and paid for by the user.
B. Common Ownership. The charges set forth in this subsection shall apply, except for those buildings with a total floor area equal to or greater than 25,000 square feet. The provisions of the "Special Situations" subsection of this section shall then apply. Motels, hotels, and any other buildings on a parcel of land with a common ownership that cannot at some future date be divided shall be considered on an overall basis, and the minimum charge shall not apply to each individual building. Wastewater matters pertaining to non-residential condominiums shall be overseen by a property owners association. Such connection fees shall be paid at the appropriate commercial rate for a minimum of twenty (20) fixture units within each separate building, and the twenty (20) minimum fixture unit count shall remain in use or available to the building. Transfer of fixture unit credits exceeding twenty (20) that are not in use may be transferred between non-residential condominium units under the management authority of the property owners’ association. If additional fixture units must be purchased to accommodate the wastewater disposal needs of a given non-residential condominium, such fixtures shall be purchased by the owner association, considered appurtenant to the parent property of the association, and administered accordingly.
C. Escalation. In accordance with Section 10-1.701(d), all wastewater connection charges in this Ordinance shall be increased or decreased FIN:1000-22\tt\H:\COMMON\Council\2025\Public Services\110425 WW Ordinance Att #2.docx
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biennially.
D. Vested Maps. Development projects with an approved vesting tentative map which had an application deemed complete by the City shall pay the indexed wastewater connection charge based on the complete date below, per service unit:
Prior to January 1, 2026 On or after January 1, 2026
$11,135 $11,608
Special Situations. For special situations such as combined-use buildings, multiple occupant developments, high volume discharges, or any other facilities where the connection charge computed in accordance with the connection charge subsection of this section does not, in the opinion of the Public Works Director, result in an equitable connection charge, said charge shall be determined based on the best available information and on current professional engineering practices. Such connection charge shall be based on criteria such as (but not limited to): environmental impact, National Pollution Discharge Elimination System requirements, water consumption, peak loading, residential equivalency, treatment plant capacity and capital costs.
III. This section intentionally left blank.
IV. In accordance with Section 10-1.703, monthly wastewater service charges shall be determined as follows:
A. Monthly Wastewater Service Charges. The charges shall be based upon the estimated flow, biochemical oxygen demand (BOD), and suspended solids (SS) of the discharge to the wastewater system.
1. Service Unit Determination Formula:
SU = (ERU) x (Strength Factor) x (Flow Factor)
or
SU =(ERU) x (Strength and Flow Factor)
Where:
SU = Service Unit
ERU = Equivalent Residential Unit
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2. Strength & Flow Adjustment Factors for User Groups:
a. Residential includes single-family or detached
dwelling, condominium or townhouse, apartment, mobile
home, congregate care, and hotel/motel units with kitchens and shall be:
User Group Strength and
Flow Factor
Residential 1.0
b. Commercial includes 10 or more plumbing fixture
units and shall be:
User Group Strength and
Flow Factor
Bakery 1.71
General Commercial (Offices, Retail, All Others) 1.00
Market 1.70
Mortuary 1.70
Motel, hotel, congregate care, without kitchen per
dwelling unit 1.00
Restaurant 1.71
Restaurant (grease traps) 1.00
School 0.64
c. Industrial shall be:
User Group Strength and
Flow Factor
Non-regulated or normal volume discharge 1.0
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d. Regulated Industrial Waste (as determined by the
Public Works Director) or high-volume discharge and car washes shall be:
Regulated Industrial:
SU = Daily Flow x 0.62
150
Where:
SU = Service Unit
Daily Flow = Wastewater flow, gpd
High Flow (Car Wash):
SU = Daily Flow x 0.67
150
Where:
SU = Service Unit
Daily Flow = Wastewater flow, gpd
In determining the number of service units for car washes, the calculation should include:
(1) car wash discharges, and
(2) the discharge from other plumbing fixtures on the
property.
e. Other User Groups: The adjustment factors for other
user groups shall be determined by the Public Works Director based on the volume and the strength of the discharge. The total volume of water used from public and private sources may be determined by means of public or private meters, installed and maintained at the expense of the user and approved by the Public Works Director.
The formulas noted in a. through d. above are procedures to estimate flow and waste strength. If the Public Works
Director determines that any of the above-applied
procedures do not accurately represent the flow being
discharged to the City sewer system, the Public Works
Director may make a determination to correct the flow
discrepancy in accordance with established engineering
practices.
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3. Service Unit Rate and Wastewater Service Charge:
a. The actual wastewater service charge shall be
determined by multiplying the number of service units by the service unit rate. The service unit rate shall be:
On or after July 1, 2026 On or after July 1, 2027
$42.88 $45.89
b. For a single-family residence, the monthly
wastewater service charge shall be:
On or after July 1, 2026 On or after July 1, 2027
$42.88 $45.89
c. The minimum monthly service charge for a property
for which wastewater service is provided shall be equal to the monthly wastewater service charge for a single-family
residence.
d. Pursuant to TOMC 10-1.901, the Public Works
Director or Finance Director shall execute and transmit the necessary documents to the Ventura County Auditor-
Controller requesting that the wastewater service charges for single-family residences be included on the Ventura County Tax Roll for FY 2026-27 and FY 2027-28. The charges,
exclusive of applicable discounts, shall be:
Each year, in accordance with Health and Safety Code
Section 5473, the City shall prepare and file with the City Clerk an annual report listing all parcels, description of parcel, and corresponding wastewater service charge
amounts approved by City Council for inclusion on the
Ventura County property tax roll. The City Clerk shall confirm receipt of the report through a signed Declaration of Receipt of Records and transmit an attestation to the Ventura County Auditor-Controller confirming the report was received and On or after
July 1, 2026
On or after
July 1, 2027
Inside City $514.56 $550.68
Outside City $523.20 $560.04
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filed. This filing fulfills the statutory reporting requirement without further Council action, provided the charges were previously adopted through the Proposition 218 process, and shall remain in effect through Fiscal Year 2026-27 and Fiscal Year 2027-28.
4. Minimum Number of Plumbing Fixture Units: For purposes of service charge calculations, the equivalent residential units for bakery, market, restaurant and mortuary categories shall be determined by using the actual number of installed fixture units with a minimum of 10 plumbing fixture units. For all other categories, the minimum number of plumbing fixture units shall be 20.
5. Revisions to Service Unit Calculation:
a. If required by the Public Works Director, any non-
residential user may be required to submit the test results of an analysis performed by a certified laboratory on a
representative 24-hour composite sample of wastewater
originating from said user. The analysis shall be for BOD, SS and/or any other parameter(s) as may be required by the Public Works Director.
b. In the event a user believes that the strength and/or flow factors assigned are not applicable, said user may have the wastewater discharge analyzed by a certified laboratory.
The Public Works Director shall review these results and may make an adjustment to the strength and/or flow factors if the above-described submission is judged to be a representative sample of the user's wastewater strength and flow.
c. All costs to obtain said wastewater analyses shall be arranged and paid for by the user.
B. Additional Service Charges.
1. Service Charge for Properties Outside City Limits: For wastewater service provided outside City limits, the service charge as determined in Paragraph (A) of this section shall be increased by:
On or after July 1, 2026 On or after July 1, 2027
$0.72 $0.78
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2. Service Surcharge for Projects with Vesting Tentative Map Applications Deemed Complete: The difference between the indexed connection charge paid by a project with a complete vesting tentative map application and the full connection charge in effect for all other development projects shall be collected from the property owner in the form of a user service surcharge. The City shall collect the surcharge by adding an additional sum to the monthly or bimonthly
wastewater service bill for the property. The surcharge shall be collected over a period not to exceed 10 years and shall include an interest payment of 6.5% compounded annually.
The amount of the monthly or bimonthly surcharge shall
remain the same for the duration of time that the surcharge is collected.
C. Charges for portions of months. A property connected to the wastewater system for a portion of a billing period shall be billed for the portion of the period service is received.
D. Penalties. In accordance with Section 10-1.902, delinquent bills 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 wastewater service charge shall be charged each month, or fraction thereof, that the wastewater service charge and the basic penalty of the previous billing period remain unpaid.
V. In accordance with Section 10-1.706, the overhead rate is included in the approved fully burdened hourly rate.
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VI. In accordance with Section 10-1.6, the following pollutant discharge limits shall apply to all users of the wastewater system:
Constituent Daily Maximum
(mg/L)
Conventional
Ammonia as N 290
Biochemical oxygen demand (BOD5) 510
Chloride 160
Sulfate as SO4 930
Total dissolved solids (TDS) 2,000
Total suspended solids (TSS) 490
Metals (total recoverable)
Arsenic 0.17
Cadmium 0.075
Chromium 1.5
Copper 0.33
Lead 0.49
Mercury 0.0057
Molybdenum 0.72
Nickel 1.9
Selenium 0.28
Silver 1.0
Zinc 5.0
Other Constituents
Boron 1.0
Cyanide 0.086
A. Additional Requirements. No person shall discharge any wastewater:
1. Having a temperature higher than 140 degrees Fahrenheit (65 degrees Celsius).
2. Having a pH less than six (6) or greater than eleven and one- half (11.5) standard units.
VII. Repeal of any provision of this Ordinance shall not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date. Any such repealed part shall remain in full force and effect for sustaining action or FIN:1000-22\tt\H:\COMMON\Council\2025\Public Services\110425 WW Ordinance Att #2.docx
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prosecuting violations occurring before the effective date of this Ordinance.
VIII. Any wastewater-related fees not set forth in this Ordinance may be set forth in the User Fee Manual or other Ordinance or Resolution.
PART 7
Continuation
(Uncodified)
Repeal of any provision of Ordinance Nos.1721-NS and 1738-NS herein shall not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date. Any such repealed part shall remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
PART 8
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 would 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.
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PART 9
Effective Date
(Uncodified)
This Ordinance shall take effect at 12:01 a.m. on the second (2 nd) day of January 2026 following its final passage and adoption.
PASSED AND ADOPTED this XXth day of XXXXX, 202X, by the following vote:
Ayes:
Noes:
Absent:
_______________________________
David Newman, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
_____________________________
Laura B. Maguire, City Clerk
Date Attested: _________________
APPROVED AS TO FORM:
Office of the City Attorney
_____________________________
Tracy Friedl, Assistant City Attorney
APPROVED AS TO ADMINISTRATION:
______________________________
Andrew P. Powers, City Manager
Introduced: XXXX XX, 202X
Published: XXXX XX, 202X
Ordinance No.: XXXX-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.