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however, such variance shall be conditioned to the faithful and accurate reporting of vacancies and service renewals which shall be checked by the City and verified in lieu of the turning on or off of the shutoff valve and, further, such variance shall be revoked automatically if it is found by the City that service renewals have not been promptly, accurately, and faithfully reported by the owner or person in responsible charge, and such persons shall not be allowed to declare any vacancies unless each unit is equipped with a shutoff valve as specified in this section.
Sec. 6-6.17. Reserved.
Sec. 6-6.18. Summary of charges.
All the latest andFees and current charges shall be found in the City's fee schedule document (also known as a master fee schedule), which may be updated or amended by resolution. Maximum rate and fee limits established by the Proposition 218 process shall also be adopted by resolution. The City updates the fee schedule document annually and posts it on the City's website. This section shows the applicable fee categories, which will be reviewed and adjusted by the City Council annually.
Beginning in 2017, all the charges related to the use of City water treatment and distribution system set out in Section 6-6.18(j) of this chapter will be reviewed by the City Council on an annual basis as part of the fiscal year budget review process, prior to the July 1 implementation of the increase for each yearperiodically to confirm alignment with budgetary needs and desired implementation. The City Council will retain the authority to set by resolution the actual rates less than the maximum rates set out in Section 6-6.18(j) of this chapter. (a) Fee categories for installing a water service line from the main to the curb stop. 1" service without meter
1" meter
1" residential dual water meter (w/fire service)
1 1/2" service without meter
1 ½" meter
2" service without meter
2" meter
Service lines larger than two-inch shall be charged for actual time and materials (service and/or meter). A deposit will be required based on the cost estimate furnished by the Public Works DepartmentCity. (b) Other fees.
Relocate existing water meter
Fire system flow test
Hot Tap—4"
Hot Tap—6"
Hot Tap—8"
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Hot Tap—10"
(c) Extension charges (Section 6-6.05(j)).
Parcels zoned (extension fee per front foot*)
R-1 and R-2
All others
* The indicated extension fee includes a surcharge of $4 per front foot for fire hydrant installations where the City has installed, or plans to install, street fire hydrants serving the property. (d) Connection charges (Section 6-6.05(k)).
Meter Size Maximum Continuous Flow Factor
1" 25 GPM 1.00
1½" 50 GPM 2.00
2" 100 GPM 4.00
3" 400 GPM* 16.00
4" 800 GPM* 32.00
6" 1,500 GPM* 60.00
8" 3,500 GPM* 140.00
* Compound meter
Meter type for connections two-inch size and larger will be determined by the City after consultation with the new customer.
Any customer that purchases a connection charge prior to July 1, 2000, may complete the project at any time, and is not subject to connection charge rate adjustments or credit of interest. Any connection charges paid on or after July 1, 2000 and the project is completed within 18 months, will not be subject to any additional connection charges or interest credits. A project is deemed completed when all building permits are paid and a final inspection report is issued. Any connection charges paid on or after July 1, 2000, and the project is not completed within 18 months will be subject to the connection charge in effect at the time of project completion, and will be entitled to interest credit as to any connection charge increases. Interest will only be allowed as a credit toward connection charges increases and, in no event, shall customer be entitled to any refund of said interest.
Interest will accrue, beginning 18 months after the initial purchase, based on the initial connection charge payment. Interest payment will be credited semi-annually on January 1 and July 1 based on the previous average semi-annual rate of the Local Agency Investment Fund administered by the California State Treasury. Connection permits or charges cannot be sold or transferred between any party other than the City of Yuba City. (e) Meter test deposit (Section 6-6.09(f))
(f) After hours service charge
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(g) Delinquency charges (Section 6-6.11(b))
(h) Temporary service deposit (Section 6-6.15(b)) (per inch of desired size of service) (i) Fire hydrant use (Section 6-6.15(b) and (e)).
Connection and removal of meter
Move meter from one hydrant to another
Deposit (for usage charge)
Deposit (for damage to meter)
Minimum monthly usage charge:
Metered (5,000 cubic foot at current rate)
Flat rate (minimum monthly)
(j) Water service rates.
(1) Quantity charges. A rate per 100 cubic feet (HCF) is hereby established with a minimum billing for all metered services as set forth in subsection (2) of this subsection. (2) Monthly water rates. The chart below enumerates the maximum charges authorized following the 202617 Proposition 218 process. Actual rates and effective dates are subject to annually to Council approval and shall be established via esolution.
M
eter
Size
Baseli
ne HCFs*
8/1/20
16 to
6/30/2017
7/1/20
17 to
6/30/2018
7/1/20
18 to
6/30/2019
7/1/20
19 to
6/30/2020
7/1/20
20 to
6/30/2021
≤
1"
11 $28.50 $33.91 $39.49 $41.01 $42.59
1 .5"
22 $57.00 $67.83 $78.98 $82.03 $85.18
2 "
44 $114.0
1 $135.6
7 $157.9
9 $164.0
7 $170.3
9 3
"
176 $456.0
2 $542.6
6 $631.9
3 $656.2
6 $681.5
3 4
"
352 $912.0
5 $1,085
.34
$1,263
.88
$1,312
.54
$1,363
.08
6 "
660 $1,710
.09
$2,035
.00
$2,369
.76
$2,461
.00
$2,555
.74
8 "
1,540 $3,990
.21
$4,748
.36
$5,529
.46
$5,742
.34
$5,963
.42
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Water Flow
Rate:
Per Excess HCF
$1.430 $1.701 $1.981 $2.057 $2.137
* 1 HCF = 748 gallons
(3) Unmetered service. Reserved.
(k) Meter surcharge for unmetered services. Reserved.
(l) Annual adjustments. Annually on July 1 of each year fees and charges in the following sections shall be adjusted based on the previous April value of the Twenty City Average of Engineering News Record Construction Index: 6-6.18(a), (b), (c) and (d).
Annually on July 1 of each year fees and charges in the following sections shall be adjusted based on the previous April value of the California Consumer Price Index (CPI) for all urban consumers: 6-6.18(e), (f), (h), (i), (m), and (n).
(m) Fees for cross-connection control program.
(1) Application for backflow tester
(2) Backflow test tags (per tag)
(3) Air gap inspection/sticker (per vehicle/equipment piece) (n) Water service disconnection.
(1) Disconnect service (for non-payment)
(2) Meter lock-off (continued non-payment and/or illegal use) (3) Meter removal (continued non-payment and/or illegal use) (4) After hours reconnection
(5) Notice served in lieu of disconnect service (plus delinquency charge) (ao) Special water surcharge.
(1) Purpose and application. A special water surcharge shall be applied solely and strictly to the service area known as Regions 1, 2, and 3 of the "Former Hillcrest Water System" in accordance with City Resolution No. 10-114 dated December 21, 2010. The region map for the Former Hillcrest Water System is on file at the office of the Public Works Director. (2) Schedule of special water surcharge and collection thereof. The surcharge shall be applied to the regular utility billing for City water customers within the Former Hillcrest Water System for a period of 20 years beginning in February 2011, in order to pay the determined portion of the two State Revolving Fund loans which were obtained for the conversion of the water system from groundwater to surface water, as determined by the Proposition 218 process and resolved by City Council. The water rate surcharge should not be indexed; the schedule of rates is shown in the chart below:
Service Size Surcharge Amount
Up to 1" $13.57 /month
1-1/2" $27.14 /month
2" $54.28 /month
3" $173.70 /month
4" $312.11 /month
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6" $578.50 /month
(3) Prepayment. Surcharge installments may be prepaid at any time between the date of adoption of the City Council resolution and the date the last surcharge installment is due and payable, by depositing with the City Finance Director a sum equal to the unpaid principal of any remaining surcharge installments, exclusive of any interest or fees thereon.
Sec. 6-6.19. Emergency water restrictions.
(a) Upon declaration of the City Council that water supply conditions are such that they dictate and justify the implementation of emergency water restrictions, the regulations in the Water Shortage Contingency Plan within the City's adopted Urban Water Management Plan will apply. (b) In the event that any provision of this section or the City Municipal Code conflicts or overlaps with any mandatory state regulation related to water conservation, the more stringent shall apply. (c) Violation of any water restrictions in effect shall be subject to the penalties enumerated in Section 6-6.20 - Enforcement measures.
Sec. 6-6.20. Enforcement measures.
(a) For each violation of any of the provisions/regulations set forth in this chapter, there shall be assessed against the responsible party for the property on which the violation occurs, i.e. the owner, lessee, person in possession of said property, or the person reflected in the Yuba City utility records as the party to whom the water bill is sent, the following penalties:
(1) First violation: A written warning of such violation. (2) Second violation: $50 surcharge which shall appear on the next monthly water billing. (3) Third violation: $100 surcharge which shall appear on the next monthly water billing. (4) Fourth and subsequent violations: $250 surcharge which shall appear on the next monthly water billing.
(b) For each violation of any of the cross-connections or other provisions/regulations as set forth in Section 6-
6.08 or 6-6.21 there shall be assessed against the responsible party for the property on which the violation occurs, i.e. the owner, lessee, person in possession of said property, or the person reflected in the Yuba City utility records as the party to whom the water bill is sent, the following penalties:
(1) First violation: A written warning of such violation and five times the value of the water. (2) Second violation: $500 surcharge and ten times the value of the water, which shall appear on the next monthly water billing.
(3) Third and subsequent violation: $5,000 surcharge and ten times the value of the water, which shall appear on the next monthly water billing.
Sec. 6-6.21. Cross-connection control program.
A cross-connection control program is established as provided in this section. (a) Purpose/references/case history.
(1) Purpose.
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(i) To protect the public water supply against actual or potential cross-connection by isolating within the premises contamination that may occur because of some undiscovered or unauthorized cross-connection on the premises;
(ii) To eliminate existing connections between drinking water systems and other sources of water that are not approved as safe and potable for human consumption; (iii) To eliminate cross-connections between drinking water systems and sources of contamination; (iv) To prevent the making of cross-connections in the future; (v) This section is adopted pursuant to the State of California Code of Regulations, Title 17 and 22 Public Health, and entitled "Regulations Relating to Cross-Connections," requiring the water supplier to administer a program to ensure cross-connection devices are installed, maintained, and tested annually.
(2) References.
(i) Under Public Law 99-339 the Safe Drinking Water Act inclusive of amendments; (ii) California Plumbing Code Chapter 6602.0602.1 602.2 602-3 602-4; (iii) California Administrative Code Titles 17 and 22;
(iv) City of Yuba City Standard Details 408408A 410 413; (v) Manual of Cross Connection Control, 9th Edition, published by University of Southern California Foundation for Cross-Connection Control and Hydraulic Research. (3) Case History. Manual of Cross Connection Control, 9th Edition, published by University of Southern California Foundation for Cross-Connection Control and Hydraulic Research. (b) Definitions. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) Air-gap separation (AG) shall mean a physical break between a supply pipe and a receiving vessel. The air-gap shall be at least double the diameter of the supply pipe measured vertically above the top rim of the vessel, in no case less than one inch.
(2) Approved backflow prevention device shall mean devices which have passed laboratory testing and field evaluation tests performed by a recognized testing organization which has demonstrated their competency to perform such tests to the (AWWA) American Water Works Association and possess a valid certification.
(3) Approved water supply shall mean any water supply whose potability is regulated by a state or local health agency, including the water supplier.
(4) Auxiliary water supply shall mean any water supply on or available to the premises other than the approved water supply.
(5) AWWA standard shall mean an official standard developed and approved by the American Water Works Association (AWWA).
(6) Backflow shall mean a flow condition, caused by a differential in pressure, that causes the flow of water or other liquids, gases, mixtures, or substances into the distributing pipes of a potable supply of water from any source or sources other than an approved water supply source, whether caused by back siphonage, backpressure, or otherwise.
(7) Contamination shall mean a degradation of the quality of the potable water by any substance which creates a hazard to the public health or which may impair the usefulness or quality of the water.
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(8) Cross-connection shall mean any actual or potential connection between a potable water system used to supply water for potable purposes and any source or system containing unapproved water or a substance that is not or cannot be approved as safe, wholesome, and potable. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices, or any other devices through which backflow could occur, shall be considered to be cross-connections. (9) Double check-valve assembly shall mean an assembly of at least two independently acting check-valves including tightly closing shutoff valves on each side of the check-valve assembly and test cocks available for testing the water-tightness of each check-valve. (10) Health agency shall mean the California Department of Public Health. (11) Local health agency shall mean Sutter County Environmental Health. (12) Person shall mean an individual, corporation, company, association, partnership, municipality, public utility, or other public body or institution.
(13) Premises shall mean any and all areas on a property which are served or have the potential to be served by the public water system.
(14) Public water system shall mean water provided by the City of Yuba City. (15) Reclaimed water shall mean a wastewater which as a result of treatment is suitable for uses other than potable use.
(16) Reduced pressure principle backflow prevention assembly shall mean an assembly incorporating two or more check-valves and an automatically operating differential relief valve located between the two checks, a tightly closing shut-off valve on each side of the check-valve assembly, and equipped with necessary test cocks for testing.
(17) Service connection shall mean and refer to the point of connection of a water user's piping to the water supplier's facilities.
(18) Unprotected cross-connection shall mean any cross-connection not outfitted with an air-gap separation, double check-valve assembly or reduced pressure principle backflow prevention assembly. (19) Water supplier shall mean the City of Yuba City who operates the approved water supply system. For the purposes of this document, the term "water supplier" shall mean the City. (20) Water user shall mean any person obtaining water from an approved water supply system of the City of Yuba City.
(c) Cross-connection protection requirements.
(1) General provisions.
(i) It is unlawful for any person, firm, or corporation at any time to make or maintain or cause to be made or maintained, temporarily or permanently, for any period of time whatsoever, any crossconnection between plumbing pipes of water fixtures being served with water by the City and any other source of water supply, or to maintain any sanitary fixture or other appurtenances or fixtures which by reason of their construction may cause or allow backflow of water or other substances into the water supply system of the City and/or the service of water pipes or fixtures of any water user of the City.
(ii) Unprotected cross-connections with the City's water supply are prohibited. (iii) Whenever the water supplier, health agency, or local health agency determines that backflow protection is required on a premises, the City will require the water user to install an approved
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backflow prevention device at his/her expense for continued services or before a new service will be granted or continued.
(iv) Wherever the water supplier, health agency, or local health agency determines that backflow protection is required on a water supply line entering a water user's premises, then any and all water supply lines from the City's mains entering such premises, buildings, or structures shall be protected by an approved backflow prevention device, to be installed at the water user's expense. The type of device to be installed will be in accordance with the requirements of this section.
(v) Every fire protection system served by the water supplier shall be separately connected to the public water system, and not interconnected to plumbing systems serving domestic or irrigation water unless approved by the Utilities Director or the Public Works Director. (vi) All services to commercial or industrial users who apply for new construction or remodel permits shall at that time upgrade all service connection points to current standards. This includes domestic/irrigation/fire water service connection points. (vii) Any current device that does not meet current standards must be replaced. The water user must retrofit their assembly to meet current standards at the water user's expense. (viii) Backflow preventive assemblies shall have at least the same cross-sectional area as the water meter or less than the cross-sectional area with exception of those in parallel. In those instances where a continuous water supply is necessary, two sets of backflow preventive assemblies shall be installed in parallel, if the water supply cannot be temporarily interrupted for the testing of or the repair of the assemblies.
(ix) Cross-connections. The customer shall comply with state and federal laws governing the separation of dual water systems or installations of backflow protective devices to protect the public water supply from the danger of cross-connections. Backflow protective devices shall be installed as near the service as possible and shall be open to tests and inspections by the City.
Plans for the installation of backflow protective devices shall be approved by the City prior to installation.
(x) In special circumstances, where the customer is engaged in the handling of especially dangerous or corrosive liquids or industrial or process waters, the City may require the customer to eliminate certain plumbing or piping connections as an additional precaution and as a protection to the backflow preventive devices.
(xi) As a protection to the customer's plumbing system, a suitable pressure relief valve shall be installed and maintained by him or her, at his or her expense, when check valves or other protective devices are used. The relief valve shall be installed between the check valves and the water heater. The devices shall be serviced, overhauled, or replaced whenever they are found defective, and all costs of repair, replacement, and maintenance shall be borne by the customer. (xii) Direct connections to stationary steam boiler, hydraulic elevators, power pumps, and similar apparatus. No person shall draw water from City pipes directly into any stationary steam boiler, hydraulic elevator, power pump, or similar apparatus.
(xiii) Where City water is used to supply a steam boiler, hydraulic elevator, or power pump, its owner shall provide tankage of sufficient capacity to afford a supply of at least 12 hours, into which the service pipe shall be discharged.
(xiv) Commercial and industrial cooling systems. All commercial and industrial businesses shall be required to equip all air conditioning and evaporative cooler units using City water with cooling towers and/or recirculating water pumps in order to conserve City water.
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(xv) Responsibility for equipment. The customer shall, at his or her own risk and expense, furnish, install, and keep in good and safe condition all equipment which may be required for receiving, controlling, applying, and utilizing water. The City shall not be responsible for damages to property caused by faucets, valves, and other equipment which is open when water is turned on at the meter, either originally or when turned on after a temporary shutdown. (2) Where protection is required.
(i) Each service connection from the City water system for supplying water to premises having an auxiliary water supply shall be protected against backflow of water from the premises into the public water system.
(ii) Each service connection from the City water system for supplying water to any premises on which any substance, which has the potential to create contamination, is handled in such fashion as may allow its entry into the water system, shall be protected against backflow of the water from the premises into the public system by a backflow prevention device to be installed at the water user's expense. Backflow prevention devices shall also be installed, at the water user's expense, for service connections handling process waters and waters originating from the City water system which have been subjected to contamination from the premises. (iii) Each service connection from the City water system solely dedicated for landscape irrigation shall have a backflow prevention device installed to protect the public water system from potential contamination, to be installed at the water user’s expense. (iv) Backflow prevention devices shall be installed on all service connections to any premises having any of the following:
A. Internal cross-connections that cannot be permanently corrected and controlled to the satisfaction of the state or local health agency and the City; or B. Intricate plumbing and piping arrangements; or
C. Where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not crossconnections exist; or D. Any premises that has pumps to increase water pressure from the supplier. (iv) Any system or premises designated to serve multiple residential, commercial, or industrial tenants whose water practices are unknown at the time the plumbing or building permit is issued shall be protected against backflow of water from the premises to the public water system by a backflow prevention device of the type required by the City, health agency, or local health agency. The determination of the type of backflow prevention device required shall be based on a determination of the potential hazard that may reasonably be expected to be encountered in buildings of similar type or nature.
(vi) All portable pressure spray or cleaning units (including water trucks, street sweepers, etc.) that have the capability of connecting to any water supplier's system shall be provided with an air-gap separation.
(3) Type of protection required.
(i) The type of protection that shall be provided to prevent backflow into the approved water supply shall be commensurate with the degree of hazard that exists on the consumer's premises. The type of protective device that may be required (listed in an increasing level of protection) includes: double check-valve assembly (DC), reduced pressure principle backflow prevention device (RP), and an air-gap separation (AG). The water user may choose a higher level of
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protection than required by the City, health agency, or local health agency. The minimum types of backflow protection required to protect the approved water supply at the user's water connection to premises with varying degrees of hazard are given in Table 1. Situations which are not covered in Table 1 shall be evaluated on a case-by-case basis and the appropriate backflow protection shall be determined by the City or health agency, consistent with the highest practicable protection of potable water supplies.
TYPE OF BACKFLOW PROTECTION REQUIRED
TABLE 1
Degree of Hazard Minimum Type of
Backflow
Prevention
Sewage and Hazardous Substances
(1) Premises where the public water system is used to supplement the reclaimed water supply.
AG
(2) Premises where there are wastewater pumping and/or treatment plants and there is not interconnection with the potable water system. This does not include a single-family residence that has a sewage lift pump. An RP may be provided in lieu of an AG if approved by both the health agency and the City.
AG
(3) Premises where reclaimed water is used and there is no interconnection with the potable water system. An RP may be provided in lieu of an AG if approved by both the health agency and the City.
AG
(4) Premises where hazardous substances are handled in any manner in which the substances may enter a potable water system. This does not include a single-family residence that has a sewage lift pump. An RP may be provided in lieu of an AG if approved by both the health agency and the City.
AG
(5) Premises where there are irrigation systems into which fertilizers, herbicides, or pesticides are, or can be, injected or assimilated.
RP
Auxiliary Water Supplies
(1) Premises where there is an unapproved auxiliary water supply which is interconnected with the public water system. An RP may be provided in lieu of an AG if approved by both the health agency and the City.
AG
(2) Premises where there is an unapproved auxiliary water supply and there are no interconnections with the public water system. A DC may be provided in lieu of an RP if approved by both the health agency and City.
RP
(3) Premises where there is a City water service connection solely for landscape irrigation.
RP
Fire Protection Systems
(1) Premises where fire system is directly supplied from the public water system and there is an unapproved auxiliary water supply on or to the premises (not interconnected).
RP
(2) Premises where the fire system is supplied from the public water system and interconnected with an unapproved auxiliary water supply. An RP may be provided in lieu of an AG if approved by both the health agency and City.
AG
(3) Premises where the fire system is supplied from the public water system and where either elevated storage tanks or fire pumps which take suction from the private reservoirs or tanks are used.
RP
(4) Dockside watering points and marine facilities. RP
(5) Premises where there are marine facilities. RP
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(6) Premises where entry is so restricted that the City determines that inspections for cross-connections cannot be made with sufficient frequency or at sufficiently short notice to assure that cross-connections do not exist.
RP
(7) Premises where cross-connections have been established or reestablished two or more times or any other water service that the health agency or the City determines that a cross-connection hazard may exist.
RP
(d) Backflow prevention devices.
(1) Approved backflow prevention devices.
(i) Only backflow prevention devices which have been approved by the City shall be acceptable for installation by a water user connected to the City's potable water system. (ii) The City will provide, upon request, to any affected customer a list of approved backflow prevention devices.
(2) Backflow prevention device installation.
(i) Backflow prevention devices shall be installed in a manner prescribed in Section 7603, Title 17/22, of the California Administrative Code of Regulations. Location of the devices shall be as close as practical to the user's connection to the public water supply. The City shall have the final discretionary authority in determining the required location of a backflow prevention device.
A. Air-gap separation (AG). The air-gap separation shall be located on the user's side of and as close to the service connection as is practical. All piping from the service connection to the receiving tank shall be above grade and be entirely visible. No water use shall be provided from any point between the service connection and the air-gap separation. The water inlet piping shall terminate a distance of at least two pipe diameters of the supply inlet, but in no case less than one inch above the overflow rim of the receiving tank.
B. Reduced pressure principal backflow prevention device (RP). The approved reduced pressure principal backflow prevention device shall be installed on the user's side of and as close to the service connection as is practical. The device shall be installed a minimum of 12 inches above grade and not more than 36 inches above grade measured from the bottom of the device and with a minimum of 12 inches side clearance. The device shall be installed so that it is readily accessible for maintenance and testing. Water supplied from any point between the service connection and the RP device shall be protected in a manner approved by the City.
C. Double check-valve assembly (DC). The approved double check-valve assembly shall be located as close as practical to the user's service connection and shall be installed above grade, if possible, and in a manner where it is readily accessible for testing and maintenance. If a double check-valve assembly is put below grade it must be installed in a vault such that there is a minimum of six inches between the bottom of the vault and the bottom of the device, so that the top of the device is no more than eight inches below grade, so there is a minimum of six inches of clearance between the side of the device with the test cocks and the side of the vault, and so there is a minimum of three-inch clearance between the other side of the device and the side of the vault. Double check-valve assemblies of the "Y" type must be installed on their "side" with the test cocks in a vertical position so that the check-valve may be removed for service without removing the device.
Vaults which do not have an integrated bottom must be placed on a three-inch layer of gravel.
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(3) Backflow prevention device testing and maintenance. (i) California Department of Public Health requires that the City administer a cross-connection program to ensure that annual testing is completed. The owners of any premises on which, or on account of which, backflow prevention devices are installed, shall have the devices tested by a person certified by the American Water Works Association and approved by the City. Backflow prevention devices must be tested at least annually and immediately after installation, relocation, or repair. The City may require a more frequent test schedule if it is determined to be necessary. No device shall be placed back in service unless it is functioning as required. A report in a form acceptable to the City shall be filed with the City each time a device is tested, relocated, or repaired. These devices shall be serviced, overhauled, or replaced whenever they are found to be defective and all costs of testing, repair, and maintenance shall be borne by the water user. (ii) The City will supply affected water users with a list of persons acceptable to the City to test backflow prevention devices. The City will notify affected customers by mail when annual testing of a device is needed and also supply users with the necessary forms which must be filled out each time a device is tested or repaired.
(4) Backflow prevention device removal.
(i) Approval must be obtained from the City before a backflow prevention device is removed, relocated, or replaced.
A. Removal. The use of a device may be discontinued and the device removed from service upon determination by the City that a hazard no longer exists or is not likely to be created in the future. All well(s) must be abandoned by permit through Sutter County Environmental Health.
B. Relocation. A device may be relocated following confirmation by the City of Yuba City that the relocation will continue to provide the required protection and satisfy installation requirements. The City shall require a retest following the relocation of the device to verify the required level of protection.
C. Repair. A device may be removed for repair, provided the water use is either discontinued until repair is completed and the device is returned to service, or the service connection is equipped with other backflow protection approved by the City. The City shall require a retest following the repair of the device to verify the required level of protection.
D. Replacement. A device may be removed and replaced provided the water use is discontinued until the replacement device is installed. All replacement devices must be approved by the City and must be commensurate with the degree of hazard involved or updated to current standards.
(e) User supervisor. At each premise where it is necessary, in the opinion of the City, a user supervisor shall be designated by and at the expense of the water user. This user supervisor shall be responsible for the monitoring of the backflow prevention devices and for avoidance of cross-connections. In the event of contamination or pollution of the drinking water system due to a cross-connection on the premises, the City shall be promptly notified by the user supervisor so that appropriate measures may be taken to overcome the contamination. The water user shall inform the City of the user supervisor's identity annually, and whenever a change occurs. Any cost incurred by the City due to contamination by the failure/tampering or removal of the backflow device caused by user negligence shall be the responsibility of the water user or the property owner.
(f) Administrative procedures.
(1) Water system survey.
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(i) The City shall review all requests for new services to determine if backflow protection is needed.
Plans and specifications must be submitted to the City upon request for review of possible crossconnection hazards as a condition of service for new service connections. If it is determined that a backflow prevention device is necessary to protect the public water system, the required device must be installed before service will be granted.
(ii) The City may require an on-premises inspection to evaluate cross-connection hazards. The City will transmit a written 48-hour notice requesting an inspection appointment to each affected water user. Any customer who cannot or will not allow on-premises inspection of their piping system shall be required to install the backflow prevention device the City considers necessary.
A. Right of entry for inspections. Upon presentation of official identification, any authorized employee of the City on official business shall be allowed access at reasonable hours to any premises supplied by City water supply.
B. Any person who, as owner or occupant of any premises, refuses admittance to or hinders or prevents inspection by an authorized employee of the City may have all water service to the premises terminated. Water will not be restored until an inspection is performed and any corrective action has been addressed. A reconnection fee will be charged in accordance with the fees established in Section 6-6.18 of this chapter.
C. The City may, at its discretion, require a re-inspection for cross-connection hazards of any premises to which it serves water. The City will transmit a written 48-hour notice requesting an inspection appointment to each affected water user. Any customer who cannot or will not allow on-premises inspection of their piping system shall be required to install the backflow prevention device the City considers necessary.
(2) Customer notification—Device installation.
(i) The City will notify any affected water user of the survey findings, listing corrective action to be taken if required. A period of 30 days will be given to complete all corrective action required including installation of backflow prevention devices.
(ii) A second notice will be sent to each water user which does not take the required corrective action prescribed in the first notice within the 30-day period allowed. The second notice will give the water user a 15-day period to take the required corrective action. If no action is taken within the two-week period the City may terminate water service to the affected water user until the required corrective actions are taken. A reconnection fee will be charged per the City's fee schedule.
(3) Customer notification—Testing and maintenance.
(i) The City will notify each affected water user 15 days prior to the time for the backflow prevention device installed on their service connection to be tested. This written notice shall give the water user 60 days to have the device tested and supply the City with a completed test report. All test reports are due annually on the first day of the month in which the device was installed, repaired, or replaced.
(ii) A second notice shall be sent 30 days after the first notice to each City water user which does not have his/her backflow prevention device tested as prescribed in the first notice within the 60-day period allowed. The second notice will give the water user a 30-day period within the original 60- day period to have his/her backflow prevention device tested. (iii) A third and notice shall be sent to have his/her backflow prevention device tested. If no action is taken within the remaining 14-day period, a 48-hour notice will be hand-delivered prior to the shut off time and date stated in the third notice. The City may terminate water service to the
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affected water user at that time to the premises until the subject device is tested. A reconnection fee will be charged in accordance with the City's fee schedule before the water service will be restored.
(g) Tester requirements.
(1) Business license required. All testers must possess a current business license issued by the City. (2) Application for testers. All parties that wish to test backflow prevention devices within the City surface or groundwater systems shall complete an application for approval to the City cross-connection control program and pay all applicable fees as set forth in Section 6-6.18 of this chapter. All fees for applications are non-refundable regardless of approval. If approved, this will permit testing for a period of three years from the approval date. Before the expiration of the initial three-year period, a notification letter of upcoming expiration will be sent. For renewal, a new application and all applicable fees must be paid. Notification by phone or mail will occur regardless of approval. All test equipment must be calibrated within the last 12 months and calibration reports must be submitted with each application. The responsibility for maintaining current approval status is solely the applicant's responsibility. Tester fees and backflow tag fees shall be waived for City employees for the testing of municipal devices only.
(3) Backflow tags. Every individual backflow device must have a backflow test tag. Serial numbers from tags must be printed on all test report forms submitted. A new tag must be placed on each device at the number one test cock each time the device is tested, repaired, or relocated. All backflow tags must be purchased at the City Finance Department, 1201 Civic Center Boulevard, Yuba City, California, 95993 in accordance with the fees established in Section 6-6.18 of this chapter. Tags are valid from January 1 through December 31 of each year. Tags will expire on December 31 of every calendar year and each year's tags will be of differing color. Tag fees are nonrefundable and unused tags may not be returned for a refund.
(4) Application forms. All application forms can be picked up and returned with fees paid at the time of application to the City of Yuba City Finance Department, 1201 Civic Center Boulevard, Yuba City, California, 95993 (Attention Cross-Connection Control Program). (5) Test forms. All test forms must be approved by The City of Yuba City Cross-Connection Program. (h) Water service termination.
(1) General. When the City encounters water uses that represent a clear and immediate hazard to the potable water supply that cannot be immediately abated, the City shall institute the procedure for discontinuing the City water service.
(2) Basis for termination. Conditions or water uses that create a basis for water service termination shall include, but are not limited to, the following items:
(i) Refusal to install a required backflow prevention device; (ii) Refusal to test a backflow prevention device;
(iii) Refusal to repair a faulty backflow prevention device; (iv) Refusal to replace a faulty backflow prevention device; (v) Direct or indirect connection between the public water system and a sewer line; (vi) Unprotected direct or indirect connection between the public water system and a system or equipment containing contaminants;
(vii) Unprotected direct or indirect connection between the public water system and an auxiliary water system;
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(viii) A situation which presents an immediate health hazard to the public water system. (3) Water service termination procedures.
(i) For conditions (i), (ii), (iii) or (iv) of subsection (h)(2) of this section, the City will terminate service to a customer's premises after two written notices have been sent specifying the corrective action needed and the time period in which it must be done. If no action is taken within the allowed time period, water service may be terminated.
(ii) For conditions (v), (vi), (vii) or (viii) of subsection (h)(2) of this section, the City will take the following steps:
A. Make reasonable effort to advise the water user of intent to terminate water service; B. Immediately terminate water supply and lock service valve. The water service will remain inactive until correction of violations has been approved by the City. A reconnection fee will be charged in accordance with the City's shutoff policy. (i) Fire hydrant use.
(1) Hydrant meter required. It is unlawful for any unauthorized person to draw, cause to be drawn, or allow to be drawn, for any purpose whatsoever, any water from any fire backflow device or fire hydrant within the City's public water supply (surface or groundwater) without a hydrant meter issued from the Finance Department, except any authorized fire personnel. All unauthorized water use will be considered theft of a public utility and subject to the fees/fines established in Section 6.20 of this chapter. All conditions of subsection B of this section shall apply and the City may require additional backflow prevention devices in companion with the hydrant meter. The additional backflow device will be at the user's expense.
(2) Air-gap inspection and stickers. All water trucks, tanks, and other equipment drawing water from within the City's public water supply (surface or groundwater) shall be inspected annually and approved by the Public WorksUtilities Department for proper air gap prior to drawing water. Upon approval by the Public WorksUtilities Department a color-coded verification sticker that contains a specific serial number shall be applied to the vehicle's windshield or rear bumper. The sticker will be valid for one year from the date of issuance. All inspections are to be paid for in advance at the City of Yuba City Finance Department, 1201 Civic Center Boulevard, Yuba City, California, 95993 in accordance with the fees established in Section 6.18 of this chapter. All unauthorized water use will be considered theft of a public utility and subject to the fees/fines established in Section 6.20 of this chapter. (3) Pools and tanks. When an abnormally large quantity of water is desired for filling a swimming pool or for other purposes, arrangements shall be made with the City prior to taking such water.
Sec. 6-6.22 Assessment installments in lieu of payment of water fees. (a) Purpose/findings/definitions.
(1) Purpose.
(i) To authorize and establish a procedure for levying assessment installments in lieu of payment of fees associated with the initial extension and connection of water service as outlined in Section 6-6.05. - Application for regular service and Section 6-6.18. - Summary of charges. (2) Findings.
(i) There remain within the City's SPHERE OF INFLUENCE a number of residential and non-residential premises which are still being served by private wells rather than being connected to the City water distribution system.
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(ii) One means of facilitating connection of the premises to the City water system is to provide the owners of such premises with an alternate means of financing the water extension and connection fees for assessment installments in lieu of lump sum payment of the fees, which ordinarily become due and payable at the time of connection of the premises to the City water system and before service is established, per the provisions of Section 6-6.05 - Application for regular water service.
(iii) The intent in enacting this section of the Municipal Code is to provide such financial assistance by allowing payment of such fees over a ten-year period through the levying of assessment installments in lieu of payment of water fees in the manner provided for by this section. (3) Definitions. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(i) Water fees shall mean any and all fees and charges associated with the extension and connection of new regular water services, as described in Section 6.6-18 - Summary of charges. All charges and fees related to the installation of service, including meters and material costs, shall be made in lump sum at the time of request.
(ii) Assessment installments shall mean the assessments levied on the property's taxes over a tenyear period following approval by the City Council and direction to the County Auditor. This shall include any interest thereon or subject administrative fees. (iii) Engineer shall mean the City Engineer, who may also be the Public Works Director. (iv) City water service area shall mean the area within the City's incorporated limits and sphere of influence which is or may be served by City water.
(b) Applicability. The provisions of this section shall apply to and authorize the levy of assessment installments in lieu of payment of water fees for the following residential and non-residential premises within the City water service area connecting to the City water distribution system:
(1) Premises within the incorporated territory of the City of Yuba City. Where premises connecting to the City water distribution system are located in that part of the City water service area within the incorporated territory of the City, this section shall authorize the levy of assessment installments in lieu of payment of water fees if, and only if, such assessment has been approved and authorized by the City Council, and if such premises are presently being served by a private well, it will be abandoned entirely or separated from the City's water distribution systems by means of an approved backflow prevention device in accordance with Section 6-6.21 - Cross-connection control program. (2) Premises within the City's sphere of influence in the County of Sutter. Where the premises being connected to the City water distribution system are located in that part of the City water service area within the City's sphere of influence in the County of Sutter, this section shall authorize the levy of assessment installments in lieu of payment of water fees if, and only if, such assessment has been approved and authorized by the City Council; if such premises are presently being served by a private well, it will be abandoned entirely or separated from the City's water distribution system by means of an approved backflow prevention device in accordance with Section 6-6.21 - Cross-connection control program; and upon execution of an extraterritorial agreement with the City. (c) Petition for levying assessment installments in lieu of payment of water fees. (1) Proceedings for levying assessment installments in lieu of the payment of water fees shall be initiated by a petition filed in the office of the Engineer.
(2) Such petition shall describe the premises to be connected to the City water distribution system by street address or other method sufficient to enable the Engineer to identify the location and
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boundaries of such premises; shall include a declaration that if the premises are presently being served by a private well, it will be abandoned entirely or separated from the City's water distribution system by means of an approved backflow prevention device in accordance with Section 6-6.21. - Crossconnection control program; shall set forth the requests of the petitioners for the City Council to levy an assessment in lieu of payment of water fees in the manner provided for by this section; and shall be signed by and set forth the mailing address of all persons owning an interested in the fee title to the premises.
(3) Any such administrative or operational costs incurred by the processing of the petition in the manner provided for by this section may be charged as a petition fee at the discretion of the Engineer. (d) Report of Engineer on assessment petition.
(1) Following receipt of an assessment petition, the Engineer shall promptly cause a report to be made on the petition.
(2) The report shall set forth the following:
(i) A description of the premises which are the subject of the petition both by legal description and assessor's parcel number;
(ii) The name and mailing address of all persons owning an interest in the fee title to the such premises;
(iii) A determination as to whether the premises are located in that part of the City water service area within the incorporated territory of the City or that part of the City water service area within the City's Sphere of Influence in the County of Sutter; (iv) A computation of the total amount of the water fees which would become due and payable in accordance with the provisions of Sections 6-6.05. and 6-6.18. of this chapter at the time of connection of the premises to the City water distribution system and before service is established; and,
(v) A schedule of the assessment installments to be levied against the subject premises in order to pay all such water fees, together with interest and an administrative fee thereon, in ten annual installments, all at the time, in the amounts, and in the manner hereinafter provided by this section.
(3) Following completion of such report, the Engineer shall cause the petition and report to be brought before the City Council for consideration for approval and authorization. (e) Consideration of assessment petition by City Council. (1) On the date and at the time of the City Council meeting on the assessment petition, the City Council shall consider the assessment petition, the report of the Engineer on the assessment petition, and any other relevant matters bearing on the petition and/or the assessment installments to be levied in lieu of payment of water connection fees pursuant to the assessment petition. (2) Following consideration, of the assessment petition and report, the City Council may, by resolution:
(i) Grant the petition and levy assessment installments in lieu of payment as outlined herein this section;
(ii) Direct the City Manager, Utilities Director, Engineer, Finance Director, and any other necessary staff to conduct any required action(s);
(iii) Approve an extraterritorial agreement in cases where the subject premises fall outside of City limits but within the City's sphere of influence.
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(f) Establishment of assessment installments.
(1) Upon receipt of a certified copy of a resolution of the City Council levying assessment installments in lieu of payment of water fees, the Engineer shall cause the resolution to be recorded in the official records of the County of Sutter.
(2) After the date of such recordation, the assessments provided for by such resolution shall constitute a lien upon the premises which are the subject of the resolution which shall have the priority and effect of an assessment lien as provided for by Article 13, Chapter 4, Part 1, Division 2, Title 5 of the California Government Code (commencing with Section 53930) or any other law of the State of California applicable to assessment liens levied by a municipality. (3) Following recordation, the Engineer shall ensure that such resolution be transmitted to the Sutter County Auditor with the request that the assessment installments levied by the resolution be added to the County tax rolls at the time and manner provided therein. (4) Thereafter, all assessment installments provided for in the resolution which become due in any year, together with all interest thereon, shall be payable in the same manner and at the same time that general taxes of the County on real property are payable, and such assessment installments and all interest and fees thereon shall become delinquent at the same time and bear the same proportional penalty and interest after delinquency as do the general taxes of the County on real property. (g) Assessment installments.
(1) Timing of payment. Assessments in lieu of the payment of water fees, including interest thereon and any required administrative fees, shall be levied in ten equal installments of principal, interest, and administrative fees due and payable as follows:
(i) Where the resolution levying the assessment installments is adopted by the City Council between January 1st and July 10th , assessment installments shall be due payable commencing on November 10th of the calendar year in which the resolution was adopted and on November 10th of each year thereafter until all assessment installments have been paid in full, November 10th being the same date that County property taxes are due and payable under the laws of the State of California.
(ii) Where the resolution levying the assessment is adopted by the City Council between July 11th and December 31st , assessment installments shall be due and payable commencing on November 10th of the calendar year next succeeding the calendar year in which the resolution was adopted and on November 10th of each year thereafter until all assessment installments have been paid in full.
(2) Calculation of interest. Interest on assessment installments shall be computed on the basis of an interest rate equal to the rate of cash held in pooled investments (LAIF), as calculated and published for the previous fiscal quarter, together with all appurtenant documents and fees required by this section, is filed in the office of the Engineer, plus 2% annual interest and an annual administrative fee of 2%.
(3) Prepayment. Assessment installments may be prepaid at any time between the date of adoption of the City Council resolution and the date the last assessment installment is due and payable by depositing with the Treasurer-Tax Collector of the County of Sutter a sum equal to the principal, interest, fees, and any penalties due on any delinquent installments on prior tax years and a sum equal to the principal, interest, and fees due on the current tax year assessment roll, and then depositing with the City Finance Director a sum equal to the unpaid principal of any remaining assessment installments, exclusive of any interest or fees thereon.
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(i) Upon prepayment of the remaining assessment installments, the City Finance Director shall request the Sutter County Auditor to remove all such assessment installments from the County tax rolls and shall also cause the assessment lien levied by the City Council resolution to be released in the manner herein provided by this section. (4) Penalty for unpaid assessment installments. In the event any assessment installment levied per this section and/or any interest, penalties, or other charges accruing thereon are not paid when due, the City Council may, not later than four years after the due date of the last such installment, order that the same be collected by an action brought in the Superior Court to foreclose the lien thereof, all in the manner provided for by the Improvement Bond Act of 1915, as set forth in Part 14, Division 10 of the Streets and Highways Code.
(h) Release of assessment lien.
(1) Where all assessment installments levied in the manner provided for by this chapter have been paid in full, either by reason of the prepayment of such assessment installments or otherwise, the Finance Director shall execute and record in the official records of the County of Sutter a notice stating that the assessment lien levied by the City Council resolution is being released.
ATTACHMENT 3
GUIDELINES FOR THE SUBMISSION AND TABULATION OF PROTESTS A. Submission of Protests:
There will be a hearing conducted in accordance with the provisions of Proposition 218 (California Constitution Art. XIIID). Whether there is a majority protest will be determined in accordance with the following:
1. Count the protests against the total number of parcels subject to the fee [Based on APNs and/or ratepayer’s regular billing].
2. Count one protest per parcel.
3. Where there are multiple parties with an interest in the parcel, protests rights are liberally construed so that a protest by any party counts as a full protest against that parcel. For example, one protest by a tenant, joint owner, a co-trustee of a trust which is the owner, one of multiple owners or a single owner – is sufficient. One tenant in a multifamily rental unit (regardless of the number of units) on one parcel will count as one protest.
Condominiums consist of multiple parcels, so each gets a vote.
4. The written protest must meet the requirements set out in the notice, including that:
protests must be (i) written, (ii) have a clear statement of protest, (iii) identify the legal interest of the person protesting, and (v) identify the address or assessor parcel number of the property. In order to be valid, a protest must bear the original signature of the party with an interest in the property identified on the protest. Protests not bearing the original signature shall not be counted.
5. Protests shall be submitted to the City Clerk, either by delivery (mail or personal) to the office of the City Clerk or by submitting the protest at the public hearing. Protests must be received by the end of the public hearing. No postmarks will be accepted.
6. Although oral comments at the public hearing will not qualify as a formal protest unless accompanied by a written protest, the City Council welcomes input from the community during the public hearing on the proposed fees.
7. Any person who submits a protest may withdraw it by submitting to the City Clerk a written request that the protest be withdrawn. The withdrawal of a protest shall contain sufficient information to identify the affected parcel and the name of the record owner or record customer who submitted both the protest and the request that it be withdrawn.
8. To ensure transparency and accountability in the fee protest tabulation, protests shall constitute disclosable public records from and after the time they are received.
B. Tabulation of Protests:
1. The City Clerk shall determine the validity of all protests. The City Clerk shall not accept as valid any protest if the City Clerk determines that any of the following conditions exist:
a. The protest does not identify a property served by the City. b. The protest does not bear an original signature of a record owner of the parcel identified on the protest.
c. The protest does not state its opposition to the proposed fees. d. The protest was not received by the City Clerk before the close of the public hearing on the proposed fees.
e. A request to withdraw the protest is received prior to the close of the public hearing on the proposed fees.
2. The City Clerk’s decision that a protest is not valid or does not apply to a specific fee shall constitute a final action of the City and shall not be subject to any internal appeal.
3. A majority protest exists if written protests are timely submitted and not withdrawn by the record owners of a majority of the properties subject to the proposed fee.
At the conclusion of the public hearing, the City Clerk shall complete the tabulation of all protests received, including those received during the public hearing and shall report the results of the tabulation to the City Council upon completion. If review of the protests received
demonstrates that the number received is manifestly less than one-half of the parcels served by the City with respect to the fee which is the subject of the protest, then the City Clerk may advise the City Council of the absence of a majority protest without determining the validity of all protests.
CITY OF YUBA CITY
Future Agenda Items
- Councilmember Cole
- Councilmember Kirchner
- Councilmember Shaw
- Vice-Mayor Pasquale
- Mayor Boomgaarden
CITY OF YUBA CITY
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda
City Manager’s Report
CITY OF YUBA CITY
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda
City Council Reports
- Councilmember Cole
- Councilmember Kirchner
- Councilmember Shaw
- Vice-Mayor Pasquale
- Mayor Boomgaarden
Adjournment