Each sample shall be marked with the beginning and ending meter reading of the volume discharge during the period the composite sample was taken. The volume measured by the meter readings and the test results of the composite samples will be used to calculate the pounds of BOD and suspended solids and will be the basis of the billing operation and maintenance charges. If there are time periods when the meter readings of the composite samples are not consecutive, the City, at its sole discretion, will determine the parts per million (ppm) of the BOD and suspended solids for that volume that a sample was not received.
(3) Conversion factors.
Cubic feet × 7.48 = gallons
Pounds per day (BOD or suspended solids) = test results (mg/L) × 8.34 × flow (million gallons per day; MGD)
Article 5. Sewer Service Charges
Sec. 6-5.501. Charges for service.
(a) All charges for the extension of, connection to, and use of the City sewerage system shall be in accordance with the provisions of this article, and shall be set by resolution. (b) No facilities or services of the City sewerage system shall be furnished to any premises or to any person free of charge, except the City.
(c) Beginning in 2017, all the charges related to the use of City sewerage collection and treatment system set out in Sections 6-5.408(b), 6-5.507(c) and 6-5.507(d) 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 year. The City Council will retain the authority to set by Rresolution the actual rates less than the maximum rates set out in Sections 6-5.408(b), 6-5.507(c) and 6-5.507(d) of this chapter.
Sec. 6-5.502. Payment of charges.
Before connecting any premises to the City sewerage system, the owner, subdivider, or developer of such premises shall make provisions satisfactory to the Finance Director for the payment of all charges.
Sec. 6-5.503. Sewer connection charges.
(a) Purpose. The purpose of the sewer connection charge is to have the property owner pay their proportionate cost of the sewerage system, including the wastewater treatment facility and sewer collection system lines identified in the wastewater treatment facility and collection system master plan. (b) Collection. The connection impact fees shall be paid at the option of the developer/applicant at either the issuance of the building permit or at certificate of occupancy for a proposed development project, not at the date of application for a permit. The amount of the impact fees to be paid shall be those fees in effect at the time the fees are paid at either the issuance of a building permit or certificate of occupancy. Exceptions to this requirement may be negotiated between the developer and the City as part of the entitlement and agreement process, subject to City Council approval. The City may require the developer/applicant to pay, as determined by the Public Works Director, inspection fees at the time of building permit.
In case of expansions and/or alterations of the premises, a sewer connection impact charge shall be collected at the time of building permit issuance of:
(1) The expansion and/or use of the premises which requires additional sewer facilities; and (2) The construction or alteration of the premises which changes the parcel use to a higher sewer demand.
For the customers currently not on the City's sewer system, the connection impact fees, including any regular and special permit and inspection fees, shall be charged at the time of connection permit issuance for the connection to the City's sewer system.
(c) Schedule of charges. The sewer connection impact charge shall be as set forth in the City's fee schedule and Section 6-5.507 of this code.
(1) Multiple units; other facilities. For multiple units, the connection impact fee shall include any common facilities, such as laundry rooms and recreation areas, that would normally be provided as support facilities with multiple dwellings; however, for other facilities that are not the primary support of the multiple dwellings, there shall be an additional fee computed on the basis of the fixture units as hereinafter provided for commercial, industrial, public, and other uses or as determined by the Public Works Director or Utilities Director.
(2) Commercial and industrial users. Drainage system fixture units, as set forth in the Uniform Plumbing Code adopted by the City, for commercial users and for industrial users are not included under the provisions of Article 4 of this chapter. If at any time after the payment of the connection charge there is a change of use on the premises, there shall be an additional connection charge calculated at the per fixture unit rate for the number of additional fixture units installed. (3) Industrial users. Connection charges for industrial users shall be determined in accordance with the City's fee schedule and Article 4 of this chapter.
Sec. 6-5.504. Sewer extension charges.
(a) Purpose. The purpose of the sewer extension charge is to reimburse the City for its cost to extend the main sewer.
(b) Collection. The sewer extension charge for a main sewer installed by the City shall be collected before a person may connect their property to the City sewerage system. (c) Schedule of charges. The sewer extension charge provides for the extension of mains. The charge shall be as set forth annually in the City's fee schedule.
Corner lots and lots having more than one frontage where sewer facilities exist or are planned shall pay extension fees based on 60% of the first 175 ft. of total frontage (as measured to the point of intersection of the property lines or the point of intersection of the prolongation of the property lines) and 100% of all frontage in excess of the first 175 ft.
Such reduction shall apply to existing corner lots and shall not apply to corner lots which would be created by new subdivisions, parcel maps, or developments. Such parcels shall pay extension fees based on 100% of all applicable frontage as measured prior to the creation of the side street.
Extension fees will not be applicable to lands within a subdivision or special assessment district if the sewer main was installed at no cost to the City (other than oversizing costs) unless an agreement exists providing for the repayment of extension costs to the original developer or to the special district.
Where substantial evidence indicates that the sewer main was installed at no cost to the City (other than oversizing costs) by special assessment district, a subdivider, developer, or other person, main extension charges shall not be applicable unless set forth in an agreement providing for the repayment of extension to the original installer.
Where a sewer main only serves property on one side of the sewer line, the charge shall be double the current extension charge.
(d) Agreements. A property owner, subdivider, or developer may extend the main sewer at his or her own expense in accordance with a reimbursement agreement approved by the Council.
(e) Outside users. The sewer extension charges for all users whose property is outside the City limits shall be the same as the charges applicable if the user were within the City limits. (1) Outside users must execute an extraterritorial agreement with the City prior to extension of the sewer to premises outside the City limits.
Sec. 6-5.505. Sewer service charges.
(a) Purpose. The purpose of the sewer service charge is to provide necessary revenue to operate the sewerage system as a self-sustaining operation.
(b) Collection. The sewer service charge shall be collected as follows:
(1) On premises served with City water, the billing of sewer service charges shall be added to the charges for water service, and the payment and collection of the total amount shall be made in accordance with the City's fee schedule and the provisions of Title 6, Chapter 6 of this Code regulating the payment of water service charges.
(2) On premises not served with City water, the billing and collecting of sewer service charges shall be made as determined by the Finance Director if not otherwise set by the City's fee schedule document. (c) Schedule of charges. The sewer service charge for property connected to the sewerage system shall be billed in accordance with the rates established in the City's fee schedule, as set annually by the City Council. (d) Reserved for future use.
(e) Septage waste disposal general discharge permits. The charge for truckers discharging to the municipal sewer system shall be listed in the City fee schedule document and in accordance with the rates established in Section 6-5.507.
Sec. 6-5.506. Meters may be required.
All sewer services may be metered at the discretion of the City. The Public WorksUtilities Director may require any user, at their sole expense, to install a meter. The meter shall be approved by the Public WorksUtilities Director before installation.
Sec. 6-5.507. Summary of charges.
All the latest andFees and current charges shall be found in the City's fee schedule document(also known as the master fee schedule) which may be amended or updated 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 charges related to the use of City wastewater treatment and collection system set out in this section 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 authority to set by Rresolution the actual rates less than the maximum rates set out in this section. (a) Sewer connection charge type.
(1) Single-family residential users, calculated per unit. (i) Single-family users are defined as single-family dwelling units, including any accessory dwelling units which do not exceed 750 square feet as part of the single-family dwelling unit.
(ii) An accessory dwelling unit (ADU) shall be defined as per Municipal Code Section 8-5.5001.
The ADU shall not alter the character of the principal use of the parcel, e.g., residential. (2) Multi-dwelling users, calculated per unit.
(i) Multi-dwelling users include: duplexes, single-family dwelling units plus any accessory dwelling units exceeding 750 square feet and two or more apartments, mobile homes, or trailers on one parcel.
(3) Commercial and industrial users as defined in the Uniform Plumbing Code and applicable to users other than as defined in Article 4 of Chapter 5 of Title 6 of this Code, calculated per fixture unit. (i) The charges to a commercial user will be based on the applicable base charge as shown in the table below plus the flow charge for the actual water usage. (ii) Commercial User Monthly Charge = Base Charge + (Flow Charge x actual water usage in 100 CF).
(iii) Mixed-use parcels, consisting of both commercial and residential components, shall only be charged the commercial surcharge after the residential baseline has been reached. (4) Any customer that paid a connection impact fee prior to July 1, 2000 may complete the project at any time and is not subject to connection impact charge rate adjustments or credit of interest.
Any connection impact charges paid on July 1, 2000, or later, and the project is completed within 18 months, will not be subject to any additional connection impact charges or interest credits. A project is deemed completed when all building permits are paid and a final inspection report is issued or as determined by the Public Works Director. Any connection charges paid on July 1, 2000, or later and the project is not completed within 18 months will be subject to the connection impact charge in effect at the time of project completion, and will be entitled to interest credit as to any connection impact charge increases. Interest will only be allowed as a credit toward connection impact charges increases and, in no event, shall customer be entitled to any refund of 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 parties other than Yuba City. (b) Extension charges. Sewer extension charges as per the City’s fee schedule and Section 6-5.504 of this Code are calculated per front foot, and can be found in the City's annual fee schedule. (c) Sewer service charges. Sewer service charges are as set in the City’s fee schedule.The charts below enumerate the maximum charges authorized following the 20216 Proposition 218 process. Actual rates are subject annually to Council approval, and may be found in the City's annual fee schedule, located on the City's websiteand effective dates are subject to Council approval and shall be established via Resolution. No credit shall be allowed for vacancy.
Single-Family Users Flat Rate Service Charge per Month per Unit Fiscal Year
2027
Fiscal Year
2028
Fiscal Year
2029
Fiscal Year
2030
Proposition
218
Maximum
RatesFiscal
Year 2031
Charge/month $67.56 $78.03 $83.49 $89.34 $65.27
$93.36
Multi-Dwelling Units Flat Rate Service Charge per Month per Unit Fiscal Year
2027
Fiscal Year
2028
Fiscal Year
2029
Fiscal Year
2030
Proposition
218
Maximum
RatesFiscal
Year 2031
Charge/month $54.05 $62.42 $66.79 $71.47 $52.23
$74.69
Commercial Monthly Rate Service Charge per Month (Base Charge + Flow Charge) Fiscal Year
2027
Fiscal Year
2028
Fiscal Year
2029
Fiscal Year
2030
Propositio
n 218
Maximum
RatesFisca
l Year
2031
Base Rate $67.56 $78.03 $83.49 $89.34 $93.36
C1 Flow Rate (per 100
CFBase Charge)*
$3.90 $4.50 $4.82 $5.15 $65.27
$5.39
C2 Flow Rate (per 100
CFBase Charge)*
$4.42 $5.11 $5.47 $5.85 $73.44
$6.11
C3 Flow Rate (per 100
CFBase Charge)*
$7.07 $8.17 $8.74 $9.35 $88.95
$9.77
Flow Charge*
(per 100 CF)
$2.57
Category C1 users are low-strength commercial customers, which shall include include the user types listed below.
The Public WorksUtilities Director shall have the right to expand the list or to move any listed type to a different category.
Retail/office
Auditorium/hall
Storage
Church
Animal shelter
Beauty/barber shop
Florist
Library
Day care
Bowling alley
Medical office
Fitness center
Laundromat
Car wash
Fairgrounds
Hospital
Municipal jail
Theatre/cinema
Veterinary clinic
Gas station (no market/disposal)
Bakery/deli/café (no disposal)
Restaurant/bar (no disposal)
Assisted living/convalescent hospital
Category C2 users are medium-strength commercial customers, which shall include the user types listed below.
The Public WorksUtilities Director shall have the right to expand the list or to move any listed type to a different category.
Bed/breakfast
Hotel/motel
Dry cleaners
Auto sales
Autobody shop
Funeral home
Category C3 users are high-strength commercial customers, which shall include the user types listed below. The Public WorksUtilities Director shall have the right to expand the list or to move any listed type to a different category.
Fast food
Market
Gas station (with market)
Bakeries and delis (with disposal)
Restaurant/bar (with disposal)
(d) Sewer service charges for schools. Fees and charges for schools are as set by the City’s fee schedule, and are subject to the following:The maximum sewer service charges authorized following the 20216 Proposition 218 process for schools are listed in the table below. The City Council retains the authority to set the actual rates by Resolution, which may be found in the City's annual fee schedule on the City's website. Actual rates are subject annually to Council approval, and may be found in the City's annual fee schedule on the City's website.
(1) Sewer service charges for schools are calculated per student per year. This is represented by average daily attendance for the past school year for number of students. (2) Yuba City Unified School District is billed once per year after July 1 for the previous year.
Per Student Service Charge per Year for Schools
Fiscal Year
2027
Fiscal Year
2028
Fiscal Year
2029
Fiscal Year
2030
Proposition
218
Maximum
RateFiscal
Year 2031
Charge/Year $31.39 $36.26 $38.80 $41.51 $29.97
$43.38
(e) Septic haulers/truckers discharge charges. Septic tank trucks discharging at the City wastewater treatment plant shall be charged a volumetric rate as set by the City’s fee schedule subject to the following: to cover the costs of treatment, maintenance, administration, and other costs associated with the septage hauler program. The maximum rates for price per gallon and minimum charges are shown in the table below; actual rates shall be set by Council each fiscal yearby Resolution and can be found in the City's annual fee schedule on the City's website. (1) Minimum charge per dump shall be equal to or greater than 400 gallons per dump. (2) The 2016 Proposition 218 process established maximum charges uusing the following formula based on the 10,000-gallon monthly average wastewater flow estimate for single-family dwelling unit and 77% of the service charges of treatment and disposal of septage including administration and pretreatment. The maximum rates for price per gallon and minimum charges are shown in the table below; actual rates shall be set by Council each fiscal year and can be found in the City's annual fee schedule on the City's website. The charge per gallon is calculated per the formula below. (1) Minimum charge per dump shall be greater than 400 gallons per dump.
Septic Discharge Charges per Gallon
Proposition 218 Maximum Rates
Charge ($) per gallon 0.502
Minimum Charge ($)
400 gallons per dump
$200.99
(f) Permitted industrial user charges. Industrial users permitted through the City's pretreatment program shall be required to pay the charges in accordance with the City’s fee schedule and Section 6-5.408 of this chapter, as approved annually by City Council.
(g) Annual adjustments. Annually on July 1 of each year, fees and charges in Sections 6-5.507(a), 6-
5.507(b), and 6-5.508 shall be adjusted based on the previous April value of the Twenty City Average of Engineering News Record Construction Index.
(h) The wastewater discharge permit fees in reference to Section 6-5.403.A shall be as set by the City’s fee schedule. adjusted annually based on the wastewater service charge increases. The following table enumerates the maximum charges authorized following the 2016 Proposition 218 process. Actual rates
are subject annually to Council approval, which may be found in the City's annual fee schedule on the City's website.
(1) Industrial users with more than one wastewater effluent discharge monitoring point shall be assessed an additional $500 annual fee per additional effluent monitoring point.
Wastewater Discharge Permit Fee Schedule
Category Proposition 218
Maximum Rates
Non-significant Categorical Industrial
User
$659.71
Permitted Industrial User $1,048.38
Groundwater $1,048.38
Septic Hauler $659.71
Significant Industrial User $1,677.41
(i) Outside City user's charges. Reserved for future use.Outside City user’s charges shall be as set by the City’s fee schedule.
Sec. 6-5.508. Special sewer connection fee.
All charges contained in this section shall be found in the City's fee schedule document. (a) Purpose and application. A special sewer connection fee shall be applied solely and strictly to the service area known as "Sewer Trunk Line Facilities for West Yuba City Area" in accordance with the City Resolution 02-097 dated July 16, 2002. The Sewer Trunk Line Facilities for West Yuba City Area Map is on file at the office of the Public Works Director. The general boundaries of the service area are: Pease Road to the north, Bogue Road to the south, Township Road to the west and variable locations, west of State Route 99, to the east.
(b) Schedule of special connection fee and collection thereof. All the latest and current charges shall be found in the City's fee schedule document. The City updates the fee schedule document annually and posts it on the City's website. The charges shall be divided into two categories:
West Yuba City sewer trunk, residential, calculated per lot.
West Yuba City sewer trunk, commercial, calculated per plumbing fixture unit.
Sec. 6-5.509. Assessment installments in lieu of payment of wastewater 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 sanitary sewer service as outlined in Section 6-5.3, Rules and regulations and Section 6-5.5, Sewer service 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 septic systems rather than being connected to the City wastewater collection system.
(ii) One means of facilitating connection of the premises to the City wastewater system is to provide the owners of such premises with an alternate means of financing the wastewater 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 wastewater system and before service is established, per the provisions of Section 6-5.503, Sewer connection charges and Section 6-5.504, Sewer extension charges. (iii) The intent in enacting this section of this 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 wastewater 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) Wastewater fees shall mean any and all fees and charges associated with the extension and connection of new regular wastewater services, as described in Section 6.5.5, Sewer service charges.
(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 wastewater service area shall mean the area within the City's incorporated limits and sphere of influence which is or may be served by the City wastewater collection system. (b) Applicability. The provisions of this section shall apply to and authorize the levy of assessment installments in lieu of payment of wastewater fees for the following residential and non-residential premises within the City wastewater service area connecting to the City wastewater collection system:
(1) Premises within the incorporated territory of the City of Yuba City. Where premises connecting to the City wastewater collection system are located in that part of the City wastewater service area within the incorporated territory of the City, this section shall authorize the levy of assessment installments in lieu of payment of wastewater 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 septic system, it will be abandoned entirely per the regulations and requirements of Sutter County Environmental Health. (2) Premises within the City's sphere of influence in the County of Sutter. Where the premises being connected to the City wastewater collection system are located in that part of the City wastewater 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 wastewater 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 septic system, it will be abandoned entirely per the regulations and requirements of Sutter County Environmental Health; and upon execution of an extraterritorial agreement with the City. (c) Petition for levying assessment installments in lieu of payment of wastewater fees. (1) Proceedings for levying assessment installments in lieu of the payment of wastewater 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 wastewater collection system by street address or other method sufficient to enable the Engineer to identify the location and boundaries of such premises; shall include a declaration that if such premises are presently being
served by a private septic system, it will be abandoned entirely per the regulations and requirements of Sutter County Environmental Health; and shall be signed by and set forth the mailing address of all persons owning an interest 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 such premises; (iii) A determination as to whether the premises are located in that part of the City wastewater service area within the incorporated territory of the City or that part of the City wastewater service area within the City's sphere of influence in the County of Sutter; (iv) A computation of the total amount of the wastewater fees which would become due and payable in accordance with the provisions of Sections 6-5.5 of this chapter at the time of connection of the premises to the City wastewater collection 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 wastewater 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 wastewater 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, 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.
(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 wastewater 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 wastewater 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.
(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. 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.
Article 6. Administrative Enforcement Remedies
Sec. 6-5.601. Public WorksUtilities Director enforcement.
Sec. 6-5.601.A. Notification of violation.
When the Public WorksUtilities Director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Public WorksUtilities Director may serve upon that user a written notice of violation (NOV). The industrial user in noncompliance may be required to provide an explanation of the violation and a plan for the satisfactory correction and prevention thereof, including specific required actions, which shall be submitted by the user to the Public WorksUtilities Director. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the Public WorksUtilities Director to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
Sec. 6-5.601.B. Consent orders.
The Public WorksUtilities Director may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Sections 6-5.601.D and 6-5.601.E of this chapter and shall be judicially enforceable.
Sec. 6-5.601.C. Show cause hearing.
The Public WorksUtilities Director may order a user which has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Public WorksUtilities Director and show cause as to why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause as to why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 30 days prior to the hearing. Such notice may be served on any authorized representative of the user. A show-cause hearing shall not be a bar against, nor prerequisite for, taking any other action against the user.
Sec. 6-5.601.D. Compliance orders.
When the Public WorksUtilities Director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Public WorksUtilities Director may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the
deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, nor a prerequisite for, taking any other action against the user.
Sec. 6-5.601.E. Cease and desist orders.
When the Public WorksUtilities Director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Public Works Utilities Director may issue an order to the user directing it to cease and desist all such violations and directing the user to:
(a) Immediately comply with all requirements; and
(b) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
Issuance of a cease and desist order shall not be a bar against, nor a prerequisite for, taking any other action against the user.
Sec. 6-5.601.F. Administrative fines.
(a) When the Public WorksUtilities Director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Public WorksUtilities Director may fine such user in an amount not to exceed $25,000 per violation, per day. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation. (b) Unpaid fines under this section shall, after 60 days, constitute a lien against the real property of the discharger from which the discharge originated. The lien shall have no force and effect until recorded with the County Recorder after which its applicability will remain, in accordance with provisions of California Civil Procedure Code §§ 683.110 to 683.220, inclusive.
(c) Users desiring to dispute such fines must file a written request for the Public WorksUtilities Director to reconsider the fine, along with full payment of the fine amount, within 30 days of being notified of the fine.
Where a request has merit, the Public Works Utilities Director may convene a hearing on the matter. In the event that the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The Public WorksUtilities Director may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine. (d) Issuance of an administrative fine shall not be a bar against, nor a prerequisite for, taking any other action against the user.
The City has established an administrative penalty (noncompliance fee) for specific violations incorporated below. The following penalty schedule provides guidance as to the level of fine appropriate for that type of violation. The actual fine, if any, is determined based on the specific circumstances of each individual violation.
Noncompliance fees are based on the actual time (staff hourly rates) and monitoring and testing costs incurred by the City in the investigation and resolution of noncompliance events. The responsible party shall be responsible to pay any type of administrative fines.
Violation Penalty
Schedule
Failure to submit discharge permit application by NOV deadline $500 Failure to submit discharge permit renewal by NOV deadline $500 Failure to meet schedule set forth in Administrative Order for discharge permit application or renewal
$750
Failure to submit report by NOV deadline $500
Submittal of chronically late or unacceptable reports $500 Failure to comply with sampling/monitoring requirements of NOV and/or Warning Letter
$750
Failure to comply with pretreatment, sampling, or monitoring equipment installation/maintenance requirements of NOV and/or Warning Letter $750
Publication of SNC $750
Frequent (insignificant) exceedances of discharge limit (permit, local limit, and/or categorical)
$500
Failure to comply with NOV requirements related to the FOG program $500 Sec. 6-5.601.G. Emergency suspensions.
The Public WorksUtilities Director may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Public WorksUtilities Director may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents or may present an endangerment to the environment.
(a) Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution to the POTW. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Public WorksUtilities Director may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW and/or its receiving stream or endangerment to any individuals. The Public WorksUtilities Director may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Public WorksUtilities Director that the period of endangerment has passed, unless the termination proceedings in Section 6-5.601.H of this chapter are initiated against the user. (b) A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Public WorksUtilities Director prior to the date of any show cause or termination hearing under Sections 6-5.601.C and 6-5.601.H of this chapter.
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
Sec. 6-5.601.H. Termination of discharge.
In addition to the provisions in Section 6-5.403.F of this chapter, any user who violates the following conditions is subject to discharge termination:
(a) Violation of wastewater discharge permit conditions; (b) Failure to accurately report the wastewater constituents and characteristics of its discharge; (c) Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;
(d) Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling;
(e) Violation of the pretreatment standards in Article 2 of this chapter; or (f) Failure to comply with the other requirements of this chapter.
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Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 6-5.601.C of this chapter as to why the proposed action should not be taken. Exercise of this option by the Public Works Utilities Director shall not be a bar to, nor a prerequisite for, taking any other action against the user.
Sec. 6-5.601.I. Publication of users in significant noncompliance.
The Public WorksUtilities Director shall publish annually, in a newspaper(s) of general circulation that provides meaningful public notice within the jurisdiction(s) served by the POTW of industrial users, a list of the users, which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term "significant noncompliance" (SNC) shall be applicable to all significant industrial users (or any other industrial user that violates paragraphs (c), (d) or (h) of this section) and shall mean:
(a) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter during a six-month period exceeded (by any magnitude) a numerical pretreatment standard or requirement, including instantaneous limits, as defined by Article 2;
(b) Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by Article 2 multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils, and grease, and 1.2 for all other pollutants except pH);
(c) Any other violation of a pretreatment standard or requirement as defined by Article 2 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Public WorksUtilities Director determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public; (d) Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the Public WorksUtilities Director's exercise of its emergency authority to halt or prevent such a discharge;
(e) Failure to meet, within 90 days of the scheduled date, a compliance-schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(f) Failure to provide within 30 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules; (g) Failure to accurately report noncompliance; or
(h) Any other violation(s), which may include a violation of Best Management Practices, which the Public WorksUtilities Director has determined will adversely affect the operation or implementation of the local pretreatment program.
Article 7. Judicial Enforcement Remedies
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Sec. 6-5.701. Injunctive relief.
When the Public WorksUtilities Director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Public WorksUtilities Director may petition the Superior Court of California, County of Sutter through the City Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the user. The Public WorksUtilities Director may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
Sec. 6-5.702. Civil penalties.
(a) A user who has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the City for a maximum civil penalty of $25,000 per violation, per day. In the case of a monthly or other longterm average discharge limit, penalties shall accrue for each day during the period of the violation. (b) The Public WorksUtilities Director may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City.
(c) In determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires. (d) Filing a suit for civil penalties shall not be a bar against, nor a prerequisite for, taking any other action against a user.
Sec. 6-5.703. Criminal prosecution.
(a) Any user who negligently violates any provision of Water Code §§ 13387(a)1—6, upon conviction, is guilty of a misdemeanor, punishable by a fine of not more than $25,000 per violation, per day, or imprisonment in the County jail for not more than one year, or both.
(b) A user who willfully or knowingly introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a fine of not less than $5,000 nor more than $50,000, or be subject to imprisonment, in state prison, for not more than three years, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
(c) A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a civil penalty of not more than $5,000 per violation, per day. (d) In the event of a second conviction, a user shall be punished by a fine of not more than $100,000 per violation, per day, or imprisonment for not more than six years, or both.
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Sec. 6-5.704. Remedies nonexclusive.
The remedies provided for in this chapter are not exclusive. The Public WorksUtilities Director may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the City's enforcement response plan, which is located in Article 10 of this chapter; however, the Public WorksUtilities Director may take other action against any user when the circumstances warrant. Further, the Public WorksUtilities Director is empowered to take more than one enforcement action against any noncompliant user.
Sec. 6-5.705. Damages to City facilities.
Any unauthorized entering, breaking, damaging, destroying, uncovering, defacing, or tampering with any structure, equipment, or appurtenances which are a part of the City's sewerage system shall be a violation of this chapter. Damages to the City's facilities as a result of such unauthorized entering, breaking, damaging, destroying, uncovering, defacing, or tampering shall be paid by the responsible party or parties. The responsible party shall also be responsible to pay any type of fines resulting from damages to the POTW.
Sec. 6-5.706. Persons responsible for payment.
(a) Municipal water system connection. Where the premises are connected to the municipal water system, the sewer service charges shall be billed to the person who requested such connection to the water system, or their successor in interest, or to any person requesting that such bill be charged to them. (b) Non-municipal water system connection. Where the premises are not connected to the municipal water system, the sewer service charges shall be billed to the person who requested such connection to the sewerage system, or their successor in interest, or, if no such request was made, to the owner of record of such premises on the date on which such premises were required by the City to be connected to the sewerage system, or to the successor in interest of such person, or to any person requesting that such bill be charged to him or her.
(c) Enforcement of payment. In each case where a bill for sewer services becomes delinquent, the City Manager or Finance Director shall order the premises shut off from the municipal water system. In the event of continued or repeated delinquencies, the City Manager or Finance Director may order the premises disconnected from the municipal water system and/or the sewerage system. When any premises have been shut off or disconnected from either the municipal water system or the sewerage system for the nonpayment of sewer service charges, such water or sewer service shall not be restored and such premises shall not be reconnected until all the delinquencies have been paid to the Finance Department, together with such reasonable charges for reconnecting as may be established. (d) Owner responsible. Notwithstanding any provisions of this chapter, the property owner shall be additionally responsible for payment of all unpaid water/sewer bills and other fees owed to the City. Any agreement between landlords and tenants to the contrary will not relieve the landlord or record owner of the property of the responsibility for payment of the water and/or sewer service charges to the City. (e) Collection of delinquent sewer charges. All rates, charges, penalties and interest which remain delinquent as of June 30 of each year may be collected in the same manner as the general taxes for the City for the forthcoming fiscal year, as follows:
(1) The City's Finance Department shall prepare a written report, which shall be filed with the City Clerk.
The report shall describe each parcel of real property for which there are any delinquencies in any rates or charges for services rendered to each parcel during the preceding year, and the amount of the delinquency. The report of delinquent sewer charges may be combined with the report of any other
delinquent charges, as long as the report identifies the delinquent charges for each service for each parcel.
(2) The City Clerk shall publish notice of the report's filing and of the time and place of hearing on the report, prior to the date set for the hearing. The notice shall be published once a week for two successive weeks prior to the hearing. The Finance Department shall also mail written notice of the report's filing to each property owner whose property or parcel is identified as being subject to delinquent charges, setting forth individually each property and each of the services and charges due for that property.
(3) At the time stated in the notice for the prehearing, the Finance Director and/or designee shall hear and consider all objections or protests, if any, to the report concerning the delinquencies in a "prehearing." Thereafter, the Finance Director may revise, change, reduce, or modify any delinquency, or overrule any or all objections thereto. The Finance Director shall then make his or her determination on each delinquency identified in the report, and present the list to the City Council for final determination at the public hearing stated in the notice.
(4) At the time stated in the notice, following the prehearing and prior to submission to the County of Sutter, the City Council shall hear and consider all objections or protests, if any, to the report concerning the delinquencies. Thereafter the City Council may adopt, revise, change, reduce, or modify any delinquency or overrule any or all objections thereto. The City Council shall then make its determination on each delinquency identified in the report; the City Council's determination shall be final.
(5) Following the hearing, on or before August 10 of each year, the City Clerk shall file with the City's Finance Director a copy of the signed report to submit to the County. The Finance Director will submit a request to the Sutter County to include the amount of delinquencies on the bills for taxes levied against the properties identified in the report.
Sec. 6-5.707. Violations infractions.
In addition to the foregoing, violations of this chapter shall be infractions as provided in Chapter 2 of Title 1 of this Code.
Sec. 6-5.708. Appeals to the City Manager.
(a) Procedure. Except for any decision, action, or determination made by the City Council, any permit applicant, permit holder, or other discharger affected by any decision, action, or determination, including cease and desist orders, made by the City in interpreting or implementing the provisions of this chapter, or any permit issued hereunder, may file with the City Manager a written request for reconsideration within ten days after such decision, action, or determination, setting forth in detail the facts supporting the request. The City Manager may elect to hold a hearing on the request. The request for reconsideration shall be acted upon by the City Manager within ten days after the date of filing or the close of the reconsideration hearing. The decision, action, or determination shall remain in effect during such period of review by the City Manager. (b) Action by the City Manager. If the ruling made by the City Manager is unsatisfactory to the person requesting reconsideration, he may, within ten days after notice of the action by the City Manager, file a written appeal to the Council.
Sec. 6-5.709. Appeals to the Council.
Any person who is dissatisfied with the action of the City Manager may appeal to the Council in accordance with Chapter 4 of Title 1 of this Code. In the event of such an appeal, the City Manager shall transmit to the Council a report setting forth the reasons for the action taken.
Article 8. Reporting Requirements
Sec. 6-5.801. Baseline monitoring reports.
(a) Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Public Works Utilities Director a report which contains the information listed in paragraph (b), below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Public WorksUtilities Director a report which contains the information listed in paragraph (b), below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged. (b) Users described above shall submit the information set forth below. (1) Identifying information. The name and address of the facility, including the name of the operator and owner.
(2) Environmental permits. A list of any environmental control permits held by or for the facility. (3) Description of operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.
(4) Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in 40 CFR 403.6(e). (5) Measurement of pollutants.
(i) The user shall provide the following information:
A. The categorical pretreatment standards applicable to each regulated process and any new categorically regulated process for existing sources.
B. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Public WorksUtilities Director, of regulated pollutants in the discharge from each regulated process.
C. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported.
D. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Sections 6-5.810 and 6-5.811 of this chapter. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documents as required by the Public WorksUtilities Director or the applicable standard to determine compliance with the standard.
(ii) The user shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of this paragraph.
(iii) Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the user should measure the flows and concentrations necessary to allow use of the combined waste stream
formula in 40 CFR 403.6(e) to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e), this adjusted limit along with supporting data shall be submitted to the control authority. (iv) Sampling and analysis shall be performed in accordance with Sections 6-5.810 and 6-5.811 of this chapter.
(v) The Public WorksUtilities Director may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.
(vi) The baseline report shall indicate the time, date, and place of sampling and methods of analysis, and shall certify that such sampling and analysis are representative of normal work cycles and expected pollutant discharges to the POTW.
(6) Compliance certification. Compliance certification is a statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements. (7) Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in Section 6-5.802. of this chapter. (8) Signature and report certification. All baseline monitoring reports must be signed and certified in accordance with Section 6-5.402.F of this chapter.
Sec. 6-5.802. Compliance schedule progress reports.
The following conditions shall apply to the compliance schedule required in Section 6-5.801(b)(7) of this chapter:
(a) The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);
(b) No increment referred to above shall exceed nine months; (c) The user shall submit a progress report to the Public WorksUtilities Director no later than 14 days following each date in the schedule and the final date of compliance, including, as a minimum, whether or not it complied with the designated increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and (d) In no event shall more than nine months elapse between such progress reports to the Public WorksUtilities Director.
Sec. 6-5.803. Reports on compliance with categorical pretreatment standard deadline.
Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Public WorksUtilities Director a report containing the information described in Section 6-5.801(b) of this chapter. For users subject to equivalent
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mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 6-5.402.(F) of this chapter.
Sec. 6-5.804. Periodic compliance reports.
(a) All significant industrial users shall, at a frequency determined by the Public WorksUtilities Director but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the Public WorksUtilities Director or the pretreatment standard necessary to determine the compliance status of the user. All periodic compliance reports must be signed and certified in accordance with Section 6-5.402.(F) of this chapter. (b) All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep their monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of their discharge. (c) If a user subject to the reporting requirement in this section monitors any pollutant at appropriate sampling location more frequently than required by the Public WorksUtilities Director, using the procedures prescribed in Section 6-5.811 of this chapter, the results of this monitoring shall be included in the report.
Sec. 6-5.805. Reports of changed conditions.
Each user must notify the Public WorksUtilities Director of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of their wastewater at least 180 days before the change.
(a) The Public WorksUtilities Director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 6-5.402.(E) of this chapter. (b) The Public WorksUtilities Director may issue a wastewater discharge permit under Section 6-5.402.(G) of this chapter or modify an existing wastewater discharge permit under Section 6-5.403.(D) of this chapter in response to changed conditions or anticipated changed conditions. (c) For purposes of this requirement, significant changes include, but are not limited to, flow increases of 20% or greater and the discharge of any previously unreported pollutants.
Sec. 6-5.806. Reports of potential problems.
(a) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine episodic nature, a non-customary batch discharge, or a slug discharge or slug load, that may cause potential problems for the POTW, the user shall immediately notify the Public WorksUtilities Director and/or his designee of the incident by telephone or email. This notification shall include the location of the discharge, type of waste, concentration, and volume, if known, and corrective actions taken by the user. (b) Within five days following such discharge, the user shall, unless waived by the Public WorksUtilities Director, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense,
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loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter. (c) A notice shall be permanently posted on the user's bulletin board or other prominent place readily visible by employees advising how to notify the City in the event of a discharge as described in paragraph (a), above.
Employers shall ensure that all employees who may cause such a discharge are advised of the emergency notification procedure.
(d) Significant industrial users are required to notify the Public WorksUtilities Director immediately of any changes at their facility affecting the potential for a slug discharge.
Sec. 6-5.807. Reports from unpermitted users.
All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Public WorksUtilities Director as the Public Works Utilities Director may require.
Sec. 6-5.808. Notice of violation/repeat sampling and reporting.
If sampling performed by a user indicates a violation, the user must notify the Public WorksUtilities Director and/or designee within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Public WorksUtilities Director and/or designee within 30 days after becoming aware of the violation. The user is not required to resample if the Public WorksUtilities Director and/or designee monitors the user's facility at least once a month for the pollutant that is exceeding permitted limits or if the Public WorksUtilities Director and/or designee samples between the user's initial sampling and when the user receives the results of this sampling, or if the City has performed the sampling and analysis in lieu of the industrial user.
Sec. 6-5.809. Discharge of hazardous waste.
The City prohibits the discharge of any hazardous waste into the POTW (as defined in 40 CFR 261).
Any user who commences the discharge of hazardous waste, whether illegally, accidentally, or otherwise, shall immediately notify the POTW, the EPA Regional Waste Management Division Director, and sState hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of Sections 6-5.801, 6-5.803, and 6-
5.804 of this chapter.
Sec. 6-5.810. Analytical requirements.
All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or other applicable sampling and analytical procedures, including procedures suggested by the Public WorksUtilities Director or other parties approved by the EPA. Minimum detection levels shall be as approved by the Public WorksUtilities Director.
Sec. 6-5.811. Sample collection.
(a) All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge. (b) Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of the conditions occurring during the reporting period. (c) Except as indicated in paragraphs (d) and (e) below, the user must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Public WorksUtilities Director. Where time-proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the City, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
(d) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
(e) For sampling required in support of baseline monitoring and 90-day compliance reports required in Sections 6-5.801 and 6-5.803 (40 CFR 403.12(b) and (d)), a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Public WorksUtilities Director may authorize a lower minimum. For reports required by paragraphs Section 6-5.804 (40 CFR 403.12(e) and 403.12(h)), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.
Sec. 6-5.812. Timing.
Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report by the carrier shall govern.
Sec. 6-5.813. Record keeping.
Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with Best Management Practices established under Section 6-5.208(b). Records shall include the date, exact place, method, and time of sampling and the name of the person(s) taking the samples, and the dates, analytical techniques or methods, and results of analyses performed and the name of the person(s) who performed the analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the City, or where the user has been specifically notified of a longer retention period by the Public WorksUtilities Director.
TITLE 6. - PUBLIC WORKS
CHAPTER 5. - WASTEWATER COLLECTION AND TREATMENT
Article 9. Miscellaneous Provisions
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Article 9. Miscellaneous Provisions
Sec. 6-5.901. Pretreatment program fees.
The City may adopt reasonable fees in the City’s fee schedule for reimbursement of costs of setting up and operating the City's pretreatment program. Fees may include; (a) Fees for wastewater discharge permit applications, including the cost of processing such applications; (b) Fees for monitoring, inspection, and surveillance procedures including the cost of collecting and analyzing a user's discharge, and reviewing monitoring reports submitted by users; (c) Fees for reviewing and responding to accidental discharge procedures and construction; (d) Fees for filing appeals; and
(e) Other fees as the City may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this chapter and are separate from all other fees, fines, and penalties chargeable by the City.
Sec. 6-5.902. Severability.
If any court of competent jurisdiction invalidates any provision of this chapter, the remaining provisions shall not be affected and shall continue in full force and effect.
Sec. 6-5.903. Affirmative defenses to discharge violations.
Sec. 6-5.903.A. Upset.
(a) For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation. (b) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of paragraph (c), below, are met. (c) A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs and/or other relevant evidence that:
(1) An upset occurred and the user can identify the cause(s) of the upset; (2) The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and (3) The user submitted the following information to the Public WorksUtilities Director within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days):
(i) A description of the indirect discharge and cause of noncompliance;
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(ii) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated timeframe that the noncompliance is expected to continue; and (iii) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
(d) In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.
(e) Users shall have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards. (f) Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.
Sec. 6-5.903.B. Bypass.
(a) For the purpose of this section:
(1) "Bypass" means the intentional diversion of waste streams from any portion of a user's treatment facility.
(2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. "Severe property damage" does not mean economic loss caused by delays in production. (b) A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of paragraphs (c) and (d) of this section. (c) Bypass notifications.
(1) If a user knows in advance of the need for a bypass, it shall submit prior notice to the Public WorksUtilities Director, at least ten days before the date of the bypass, if possible. (2) A user shall submit oral notice to the Public WorksUtilities Director of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Public WorksUtilities Director may waive the written report on a case-by-case basis if the oral report has been received within 24 hours. (d) Bypass.
(1) Bypass is prohibited, and the Public WorksUtilities Director may take an enforcement action against a user for a bypass, unless:
(i) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (ii) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of unwanted wastes, or maintenance during normal periods of equipment downtime.
This condition is not satisfied if adequate back-up equipment should have been installed in the
exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (iii) The user submitted notices as required under paragraph (c) of this section. (2) The Public WorksUtilities Director may approve an anticipated bypass, after considering its adverse effects, if the Public WorksUtilities Director determines that it will meet the three conditions listed in paragraph (d)(1) of this section.
Article 10. Enforcement Response Plan for Industrial User Noncompliance Sec. 6-5.1001. General overview.
(a) Purpose of enforcement response plan. The enforcement response plan (ERP) in this article enumerates the enforcement actions and their respective time frames that may be taken by the City of Yuba City against an industrial user for noncompliance with permit conditions, this Code, or Federal and State regulations. (b) Definitions.
(1) Major violations—significant noncompliance (SNC). Any violation of pretreatment requirements (including limits, sampling, analysis, reporting, and meeting compliance schedules and regulatory deadlines) is an instance of noncompliance for which the industrial user is liable for enforcement, including monetary penalties. Instances of SNC are industrial user violations which meet one or more of the following criteria:
(i) Significant violations of wastewater discharge limits:
A. Chronic violations. 66% or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in Article 2;
B. Technical review criteria (TRC) violations. 33% or more of the measurements taken for each pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by Article 2 multiplied by the applicable criteria;
There are two groups of TRCs:
Group I for conventional pollutants (BOD, TSS, fats, oils, and/or grease) TRC = 1.4 Group II for all other pollutants except pH TRC = 1.2
C. Any other violation(s) of a pretreatment standard or requirement as defined by Article 2 that the Public WorksUtilities Director determines has caused, alone or in combination with other discharges, interference (e.g., slug loads) or pass-through, or endangered the health of the wastewater treatment personnel or the public;
D. Any discharge of a pollutant that has caused imminent endangerment to human health/welfare or to the environment or has resulted in the treatment plant's emergency authority to halt or prevent such a discharge;
E. Failure to meet, within 90 days of the scheduled date, a compliance-schedule milestone contained in a local control mechanism or enforcement order, for starting construction, completing construction, or attaining final compliance by 90 days; F. Failure to provide, within 30 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard
deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;
G. Failure to accurately report noncompliance; or
H. Any other violation or group of violations, which may include a violation of best management practices, which the Public WorksUtilities Director determines will adversely affect the operation or implementation of the local pretreatment program. (2) List of violators. The Public WorksUtilities Director shall publish annually, in a newspaper of general circulation in the Yuba City area, a list of the industrial users who significantly violated applicable pretreatment requirements or standards at least once during the 12 previous months. The notification shall also summarize any enforcement actions taken against the industrial user(s) during the same 12 months.
(3) Officials responsible. The Public WorksUtilities Director or designee, in accordance with this chapter of this Code, will notify the City Attorney of any civil action or municipal code enforcement required. The District Attorney will prosecute criminal violations of sState water or health and safety laws. (c) Notice of violation and follow-up. When a violation occurs (with the exception of certain insignificant/minor first offenses), a notice of violation (NOV) or a warning letter shall be sent via a certifiable means (U.S. Postal Service, FedEx, UPS, etc.) to the responsible party at the place of business. A written response by the industrial user may be required, which states the cause of the violation, the corrective actions which will be taken to prevent recurrence, and the time frame to complete corrective actions. (1) If an industrial user fails to take corrective action, if the violation appears to be a part of a recurring pattern, or the level of the violation is of a large magnitude, a formal meeting will be arranged with representatives of the firm and the Public WorksUtilities Director or designee to discuss the problem or possible corrective actions. At this time, the firm may be issued an administrative order containing or requesting a time schedule for compliance and additional monitoring requirements and/or fines. (2) Any industrial user who intentionally or willfully violates any provision of any permit issued pursuant to this chapter; intentionally or willfully discharges waste or wastewater which causes pollution; or violates any cease and desist order, established effluent limitations, national standard of performance, or national pretreatment or toxicity standard shall be fined not more than $50,000 for each offense.
The Public WorksUtilities Director, after determining the existence of a violation, may levy fines, which shall be in accordance with this chapter of this Code and applicable sState and fFederal law. Each day on which a violation occurs or continues shall be deemed a separate and distinct offense. (3) If noncompliance has been deemed significant (SNC) or in situations where a discharge may pose a threat to the safety of operation of the POTW or its personnel, the industrial user will be issued a cease-and-desist order. This order, issued by the Public WorksUtilities Director, may order the user to comply immediately or impose additional requirements.
(4) Violations believed to be caused through deliberate acts or intentional discharge of hazardous wastes, as specified in 40 CFR 413 and 433, will be referred to the City Attorney for further enforcement. The City Attorney may then petition the Superior Court of California, County of Sutter for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the required performance.
(d) Appeal. Any permit applicant, permit holder, or other discharger affected by any decision, action, or determination made by the Public WorksUtilities Director, including cease-and-desist orders, may file with the Public Works Utilities Director a written request for reconsideration within ten days of such decision, action, or determination, setting forth in detail the facts supporting the request. The Public Works Utilities Director will then decide whether to hold a hearing on the request. The Director shall act upon a request for reconsideration within ten days from the date of filing or the close of the reconsideration hearing. The decision, action, or determination shall remain in effect during such period of review by the Director.
If the ruling made by the Public WorksUtilities Director is unsatisfactory to the person requesting reconsideration, they may, within ten days after notice of the action by the Director, file a written appeal to the City Manager.
The written appeal shall state all pertinent aspects of the matter, and shall include the hearing record if one was requested. Within 30 days after the written appeal is received, the City Manager shall hold a hearing after due notice to the appellant. The City Manager may establish rules and regulations governing the hearing of such appeals. The City Manager shall make a final ruling on the appeal within ten days after close of the hearing. The decision, action, or determination shall remain in effect during such period of review by the City Manager.
Any person who is dissatisfied with the action of the City Manager may appeal to the Council in accordance with Chapter 4 of Title 1 of this Code. In the event of such an appeal, the City Manager shall transmit to the Council a report setting forth the reasons for the action taken. (e) Civil and criminal penalties. If the industrial user fails to comply with the administrative cease-and-desist order, the City may pursue any of the alternative civil or criminal remedies herein against any discharger.
Sec. 6-5.1002. Enforcement response plan outline.
The following is an outline of the City's ERP enforcement procedures. These procedures were developed according to the September 1989 EPA guidelines for "Developing Control Authority Enforcement Response Plans." This section is sometimes referred to as the enforcement response guide (ERG). (a) Administrative.
(1) Telephone call, email, or reminder letter to notify industrial user (IU) of violation. May include request for explanation of violation from IU.
(i) Done as soon as possible upon discovery of violation. (2) Notice of violation (written):
(i) Sent by certifiable means (U.S. Mail, FedEx, UPS, etc.) within a timely manner after the violation.
(3) Fines assessed by City for violation(s):
(i) Intended to punish the IU for noncompliance.
(ii) No court intervention unless IU contests fine.
(4) Administrative order types:
(i) Show-cause order: allows the IU to appear before the Public WorksUtilities Director or representative and explain the noncompliance and why more severe enforcement actions should not be taken.
(ii) Enforcement documents: directs IU to implement corrective or remedial measures (compliance orders).
(iii) Cease-and-desist order(s).
(iv) Consent orders: negotiated settlement agreed upon by the City and the IU. (v) Revocation of permit:
A. Failure of an industrial user to factually report the sewage constituents and characteristics of their discharge;
B. Failure of an IU to report significant changes in operations, site plans, floor plans, mechanical and plumbing plans, or sewage constituents and characteristics; or
C. Refusal of reasonable access to an IU's premises for the purpose of inspection or monitoring.
(vi) Industrial wastewater service termination.
(5) Administrative fines:
(i) Assessed for repeated or serious violations.
(ii) Attached to an administrative order.
(b) Judicial enforcement.
(1) Civil Litigation.
(i) Lawsuits filed against IU to:
A. Recover costs associated with noncompliance;
B. Impose civil penalties;
C. Seek injunctive relief;
D. Acquire a court order to return IU to compliance.
(ii) Process of litigation:
A. City decides to sue;
B. City Attorney files complaint with the Court;
C. IU responds to complaint by filing an answer;
D. Depositions and interrogations;
E. Trial date set;
F. Settlement negotiations, if any;
G. Trial occurs;
H. Verdict is issued;
I. Appeals are made.
(c) Criminal prosecution.
(1) Purpose:
(i) To punish noncompliance rather than recover costs;
(ii) To deter future noncompliance.
(2) City must prove intent and/or negligence;
(3) Criminal prosecution process:
(i) Discovery of the crime;
(ii) Gathering evidence;
(iii) Initiating criminal prosecution;
(iv) Defendant's pretrial options:
A. Plead guilty;
B. Jury trial.
(4) The criminal trial;
(5) Sentencing and appeals.
Sec. 6-5.1003. Enforcement response plan procedures.
The table below describes the City's enforcement response options per violation type. The official(s) responsible for enforcement shall be the Public Works Utilities Director and/or duly authorized representative. The following abbreviations shall be used throughout the ERP table:
AO = Administrative Order
CO = Consent Order
NOV = Notice of Violation
SCO = Show Cause Order
WL = Warning Letter
Item Nature of Violation Enforcement Option
A. Unauthorized Discharges (no permit or approval)
1. Non-Permitted Discharge Violations
1A Industrial waste discharger unaware of
wastewater discharge permit requirement;
no harm to POTW/environment
Email or phone call and Issue WL with time
schedule. Deadline for application submittal
not to exceed 30 days.
1B Industrial waste discharge without a permit
resulting in violation of POTW NPDES permit,
potential harm to POTW, environment or
personnel.
Invoke emergency enforcement as necessary
to abate discharge.
May proceed with any of the following:
a) Issue Administrative Order;
b) Assess fine;
c) Civil litigation seeking penalties up to
$10,000;
d) Terminate service
1C Industrial waste discharge without a permit
and evidence of intentional dumping or
discharge of toxic pollutants of concern
(metals and/or priority organics).
Issue AO to immediately halt discharge and
issue NOV with time schedule. Deadline for
application submittal not to exceed 15 days
May proceed with any of the following:
a) Assess Administrative Fine
b) Civil/Criminal Action
1D Failure to submit acceptable permit
application by deadline
Issue NOV with time schedule. Deadline for
application submittal not to exceed 15 days.
1E Failure to submit acceptable permit
application by NOV deadline.
Issue AO and fine.
May proceed with any of the following:
a) Civil action;
b) Terminate Service
2. Non-permitted discharge (expired Permit or significant change in discharge) 2A Failure to apply for permit renewal. No
environmental or POTW harm. Less than 30
days late
Phone/email;
May proceed with any of the following:
a) Issue WL with time schedule (Deadline for
application submittal not to exceed 30 days).
2B Failure to submit acceptable renewal
application by deadline.
Issue NOV with time schedule. Deadline for
application submittal not to exceed 15 days.
2C Failure to submit renewal by NOV Proceed with any of the following:
a) Issue AO and fine;
b) Terminate service;
c) Civil/Criminal action.
B. Discharge Violations
1. Industry exceeds final limits (categorical, local, or prohibited) 1A Isolated, not significant violation Telephone call/email and require follow-up sampling
Further enforcement actions:
a) Issue WL
1B Frequent, insignificant (repeated offense) Issue NOV 1C Frequent, insignificant (any offense) Issue NOV
1D Significant Violations that are SNC Proceed with all the following:
Issue NOV
Issue Fine
SNC publication in local newspaper
1E Causes known; environmental or POTW
damage (endangerment of life)
Issue AO to halt discharge;
May proceed with any of the following:
a) Issue fines
b) Civil litigation
c) Terminate services
1F Failure to meet requirements specified in any
NOV
Any of the following:
a) Meet with IU;
b) Issue AO;
c) Issue Fine.
2. Slug load discharge without notifying the City
2A Isolated; no known damage Issue NOV;
Require IU to develop a spill control program
2B Isolated with known interference, pass
through, or damage
Any of the following:
a) Fine up to $50,000 per day
b) Civil action
2C Recurring Any of the following:
a) Fine up to $50,000 per day;
b) Civil action;
c) Terminate service
C. Sampling, Monitoring, Equipment maintenance, and Reporting Violations
1. Late Report (any type, includes incomplete report)
1A Once; report less than five days late Any of the following:
a) Telephone call
b) Email
c) Issue WL
1B Report less than 30 days late Issue NOV
1C Report greater than 30 days late Issue NOV with Fine; SNC publication
1D Twice during any consecutive four-quarter
period
Issue NOV
1E Three times during any consecutive fourquarter period Issue NOV, Fine
2. Improper Signature or Certification
2A Report is improperly signed or certified Telephone call/Email; or Issue WL
2B Report is improperly signed or certified after
notice by City
Issue NOV with option of fine
3. Failure to sample during Monitoring period
3A Sample collected greater than 30 days late Issue NOV; May proceed with any of the following:
a) Issue Fine;
b) SNC publication
3B Twice during any consecutive four-quarter
period
Issue NOV; option of fine
3C Three times during any consecutive fourquarter period Issue NOV May follow with:
a) Issue fine
b) SNC publication
4. Improper Sampling
4A Incorrect sample type and/or missed hold
time
Issue WL with requirement for sample
collection within 30 days
4B Repeated Incorrect sample type, miss hold
time, resample later than 30 days
Issue NOV, option of fine
5. Failure to Report Instances of Noncompliance
5A Failure to report discharge limit violation,
spill, upset, bypass or changed discharge (no
harm)
Issue NOV
5B Failure to report discharge limit violation,
spill, upset, bypass or changed discharge
(results in harm to POTW, personnel,
environment, and/or any City discharge limit)
Issue AO
May proceed with any of the following:
a) Issue Fine
b) Terminate Service
c) Civil action
5C Repeated failure to report discharge limit
violation, spill, upset, bypass, or change
discharge
Any of the following:
a) Civil Action
b) Terminate Service
6. Failure to install monitoring equipment
6a Delay of less than 30 days Any of the following:
a) Telephone call
b) Email
c) Issue WL
6b Delay of greater than 30 days Any of the following:
a) Issue NOV
b) Issue AO
c) Issue Fine
6c Recurring Violation of Administrative Order Any of the following:
a) Civil Action
b) Criminal Investigation
c) Terminate service
7. Failure to properly operate and Maintain pretreatment equipment 7a No Harm Any of the following:
a) Issue WL
b) Issue NOV
c) Issue Fine
d) Issue CO
7b Results in harm Issue AO
May proceed with any of the following:
a) Show Cause Hearing;
b) Issue Fine;
c) Civil Action;
d) Terminate Service
8. Reporting False Information; Falsification
8a Falsification of any type, including but not
limited to reporting and sampling
Any of the following:
a) Criminal investigation
b) Civil litigation
c) Criminal Prosecution seeking maximum
penalties allowed by State Law
d) Terminate Services
D. Compliance Schedule Violations
1. Missed Milestone date
1a Less than 30 days or will not affect final
milestone
Any of the following:
a) Telephone call
b) Email
c) Issue a WL
d) Issue AO with fine
1b Missed by more than 30 days, or will affect
final milestone Violation for good cause
(weather, materials unavailable, etc.)
Schedule a meeting to change final date;
May proceed with any of the following:
a) Issue AO
b) Issue Fine
1c Missed by more than 30 days, or will affect
final milestone. Violation without good cause
Show cause hearing, seek penalties of $500
per day of violation
2. Failure to meet Compliance Schedule, Reporting requirements 2a Did not submit report but did complete
milestone
Any of the following:
a) Telephone call
b) Email
c) Issue WL
2b Did not submit report or meet milestone Schedule a meeting; May proceed with the following:
a) Issue AO
b) Issue fine
3. Missed Final date
3a Good Cause Telephone call or Email
3b 30 days or more outstanding; failure or
refusal to comply without good cause
Any of the following:
a) Show Cause hearing
b) Issue AO with fines
c) Judicial Action
E. Spill Incidents
1. Spill Incident
1a Reported by industry Any of the following:
a) Issue WL
b) Issue NOV
c) Meet with IU
1b Failure to report spill Issue NOV
May proceed with any of the following:
a) Issue AO with fines
2. Repeated Spill incidents
2a Failure to develop and/or upgrade spill
prevention program
Issue NOV
May proceed with any of the following:
a) Issue AO with fines
b) Show cause hearing
2b Failure to act on a decision of compliance
meeting and results in known environmental
damage and/or POTW damage
Judicial Action, terminate service
F. Violations detected through industrial inspections/investigations
1. Entry Denial
1a Entry denied or consent withdrawn
Copies of records denied
Obtain warrant and return to IU
2. Illegal Discharge
2a No harm Issue NOV
May proceed with any of the following:
a) Issue AO with Fine
2b Results in harm to POTW, environment or
personnel
Show Cause Hearing:
May proceed with any of the following:
a) Issue AO with fine
b) Civil Action
c) Terminate service
2c Harm to POTW, environment or personnel
and evidence of "willful or neglect" action
Any of the following:
a) Civil Action
b) Criminal Investigation
c) Terminate Services
3. Improper Sampling
3a Unintentional; incorrect location, incorrect
sample type, incorrect sample
technique/preservation
Any of the following:
a) Telephone call
b) Correct at site
c) Email
d) Issue WL
e) Issue NOV
4. Inadequate record keeping
4a Inspector finds files incomplete or missing,
and no evidence of "willful or negligent"
action
Issue NOV
4b Inadequate record keeping continues after
notice by City
Issue AO with fine
4c Incomplete or missing files and evidence of
"willful or negligent" action
Any of the following:
a) Criminal Investigation
b) Criminal Action
c) Terminate Service
4d Inspector finds additional files/data Issue NOV
5. Failure to report additional monitoring
5a No harm to POTW, et al. Issue NOV
5b Failure to report additional data Issue NOV
5c Failure to report additional data after notice
from City
Issue AO with fine
G. Other permit Violations
1. Waste streams are diluted in lieu of treatment
1a Initial Violation Issue AO
1b Dilution continues in lieu of treatment after
notification by City
Any of the following:
a) Show Cause hearing
b) Civil action
c) Terminate Service
2. Failure to mitigate noncompliance
2a Does not result in harm Issue NOV
2b Results in harm to POTW, environment, or
personnel
Issue AO with fine;
May proceed with any of the following:
a) Civil Action
b) Terminate Service
c) Criminal Investigation
Article 12. Fats, Oils, and Grease Discharge from Food Service Establishments Sec. 6-5.1201. General overview.
Purpose. The purpose of this chapter is to facilitate the maximum beneficial public use of the City's sewer services and facilities while preventing blockages of the sewer lines resulting from discharges of fats, oils, and grease (FOG) from residential, industrial, and food service establishments (FSE) to the sewer facilities, and to specify appropriate FOG discharge requirements for FSEs.
Sec. 6-5.1202. Regulations.
(a) Permits. Nonresidential facilities, including not-for-profit and government-owned facilities, that prepare, process, or serve food, as determined by the Public WorksUtilities Director or designee, may be required to keep a valid wastewater discharge permit issued by the City as outlined in the provisions of Section 6-5.402.
(1) The wastewater discharge permit for any facility shall be renewed whenever there is a change in operation including facility expansion, remodeling, or change in ownership. Permits are issued for a specifically named establishment at a particular location and are not transferable. (2) A limited food preparation establishment is not considered an FSE and is exempt from obtaining a wastewater discharge permit. Exempt establishments shall be engaged only in reheating, hot holding, or assembly of ready-to-eat food products, and, as a result, there is no wastewater discharge containing significant FOG. A limited food preparation establishment does not include any operation that changes the form, flavor, or consistency of food.
(b) Discharge limitations. No FSE shall discharge FOG or cause FOG to be discharged into the public sewer that causes an SSO, exceeds a concentration level set forth in Section 6-5.208, or that may accumulate and/or cause or contribute to blockages in the public sewer.
(c) Prohibitions. FSEs are prohibited from the following:
(1) Installing food grinders in the plumbing system of new construction. All FSEs that undergo a change in operations or remodeling shall remove any existing food grinders concurrent with such change or remodeling, except as otherwise expressly allowed by the Public WorksUtilities Director; (2) Introducing any additives into an FSE's plumbing system, grease trap, and/or grease interceptor for the purpose of emulsifying FOG, biologically and/or chemically treating FOG for grease remediation, and/or as a supplement to grease interceptor maintenance;
(3) Disposing waste cooking oil into the public sewer or storm drain. All waste cooking oils shall be collected and stored properly in receptacles such as rendering bins, barrels, or drums for recycling or other acceptable methods of disposal;
(4) Discharging wastewater from dishwashers to any grease removal device; (5) Discharging wastewater with temperatures in excess of 140° Fahrenheit (60° Celsius) into any grease control device, including grease traps and interceptors; (6) Discharging wastes containing fecal materials from toilets, urinals, wash basins, or other fixtures to waste lines directed to grease interceptors and/or other grease control devices; (7) Discharging FOG and solid materials removed from a grease control device to the public sewer. Grease removed from grease interceptors shall be waste hauled to an approved disposal site as part of the operation and maintenance requirements for grease interceptors; (8) Operating grease interceptors with FOG and solids accumulation exceeding 25% of the design hydraulic depth of the grease interceptor (25% rule);
(9) Discharging FOG and other pollutants above the local discharge limits set forth in Section 6-5.208. (d) Violations. Any violation of the terms and conditions of a wastewater discharge permit, BMP, or any requirement or prohibition of the FOG control program shall be deemed a violation of this chapter and subjects the wastewater discharge permittee and/or FSE to the sanctions set out in Articles 6 and 7 of this chapter.
Sec. 6-5.1203. Requirements.
(a) Design. All grease removal devices shall be designed and sized in accordance with the standards outlined in the most recent version of the California Plumbing Code (CPC) or as required by the City, whichever is more stringent.
(b) Installation.
(1) The owner of every newly constructed, remodeled, or converted commercial or industrial FSE with one or more grease-generating activities, including FSEs with new or replacement kitchens for which a
building permit is issued, shall install an approved grease interceptor for each grease-generating activity, of a size equal to or greater than the minimum size requirements as set forth in the most recent CPC.
(2) Existing FSEs, which do not currently have a grease interceptor installed, which have caused or contributed to grease-related blockage in the sewer system, or which have service laterals connected to hot spots, or which have been determined to contribute significant FOG to the sewer system by the City based on inspection or sampling, shall be deemed to have reasonable potential to adversely impact the sewer system, and shall install grease interceptors within 180 days upon notification by the Public WorksUtilities Director or designee.
(3) All grease-removal devices must be installed in a location that allows for easy accessibility for inspections and maintenance.
(c) Variance. An FSE may obtain a variance from the grease-interceptor requirement to allow alternative pretreatment technology that is, at least, equally effective in controlling the FOG discharge in lieu of a grease interceptor, if the FSE demonstrates that it is impossible or impracticable to install, operate, or maintain a grease interceptor. The Public WorksUtilities Director or designee's determination to grant a variance will be based upon, but not limited to, existence of the following conditions:
(1) There is no adequate space for installation and/or maintenance of a grease interceptor; (2) There is no adequate slope for gravity flow between kitchen plumbing fixtures and the grease interceptor and/or between the grease interceptor and the private collection lines or the public sewer; or
(3) The FSE can justify that the alternative pretreatment technology is equivalent or better than a grease interceptor in controlling its FOG discharge.
(d) Conditional waiver. An existing FSE may obtain a conditional waiver from installation of a grease interceptor if the FSE demonstrates that it has negligible FOG discharge and insignificant impact to the sewer system.
The Public WorksUtilities Director or designee's determination to grant or revoke a conditional waiver shall be based upon, but not limited to, existence of the following conditions:
(1) Quantity of FOG discharge as measured or as indicated by the size of the FSE based upon seating capacity, number of meals served, menu, water usage, amount of on-site consumption of prepared food, and other conditions that may reasonably be shown to contribute to FOG discharges; (2) Adequacy of implementation of BMPs and compliance history; (3) Sewer size, grade, condition based on visual information, FOG deposition in the sewer by the FSE, and history of maintenance and sewage spills in the receiving sewer system; (4) Changes in operations that significantly affect FOG discharge; or (5) Any other condition deemed reasonably related to the generation of FOG discharge by the Public WorksUtilities Director or designee.
(e) Maintenance.
(1) Grease interceptors/traps shall be maintained in efficient operating condition by periodic removal of the full contents of the device, which includes wastewater, accumulated FOG, floating materials, sludge, and solids. This includes scraping the sides of the device to remove any build-up on the walls, baffle, and inlet or outlet tees.
(2) Grease interceptors shall be fully pumped out and cleaned by a licensed hauler at a minimum of every 90 days. The Public WorksUtilities Director or designee may change the required maintenance frequency at any time to reflect current operating conditions or frequency when one or more of the following conditions occur:
(i) 25% or more of the wetted height, as measured from the bottom of the device to the invert of the outlet pipe, contains floating materials, sediment, oils, or grease prior to 90 days; (ii) The discharge exceeds BOD, COD, TSS, FOG, pH, or other pollutant levels established by the City; or
(iii) A history of noncompliance issues.
(3) If the grease interceptor, at any time, contains FOG and solids accumulation that does not meet the requirements described in Section 6-5.1203(e)(2), the FSE shall be required to have the grease interceptor serviced immediately such that all fats, oils, grease, sludge, and other materials are completely removed from the grease interceptor. If deemed necessary, the Public WorksUtilities Director or designee may also increase the maintenance frequency of the grease interceptor from the current frequency.
(4) Grease traps shall be cleaned at a minimum of once per month or as often as necessary to prevent pass through of grease into the collection system. Grease traps shall be cleaned and inspected by a licensed grease hauler at a minimum of once per year or as often as necessary as determined by the Public WorksUtilities Director and/or designee. Grease traps shall be maintained free of all food residues and any FOG waste removed during the cleaning and scraping process. (5) Grease interceptors or traps shall be periodically inspected to ensure the device remains in good working condition, including any plumbing, pipes, fittings, and manhole covers. Any repairs to the device deemed necessary by the Public WorksUtilities Director or designee must be completed within 14 days at the sole expense of the establishment.
(6) Wastes removed from each interceptor shall be disposed of at a facility permitted to receive such wastes. In no way shall the wastes be returned to any private or public portion of the collection system, storm drain, or the wastewater treatment facility.
(7) FSEs may be required to provide a collection drum or container for the purpose of physically segregating oils, greases, and greasy solids (such as fryer oil). FSEs shall establish procedures for personnel to practice maximum segregation of oils, greases, and greasy solids to the collection drum or container prior to washing and other water cleaning which goes to the sewers. The FSE is responsible for the proper removal and disposal by a licensed rendering company of the material captured from either grease pretreatment devices on wastewater lines or the collection drum. (8) All costs associated with proper maintenance and cleaning of the grease interceptor or trap shall be borne by the FSE.
(9) Property owners of commercial properties or their official designee(s) shall be responsible for the installation and maintenance of the grease interceptor serving multiple FSEs that are located on a single parcel.
(f) Recordkeeping. The FSE shall be required to keep all manifests, receipts, and invoices of all cleaning, maintenance, grease removal of/from the grease control device, disposal carrier, and disposal site location for no less than three years. The FSE shall, upon request, make the manifests, receipts, and invoices available to any City representative or inspector. These records shall include:
(1) A logbook of grease interceptor, grease trap, or grease control device cleaning maintenance practices. (2) A record of BMPs being implemented including employee training. (3) Copies of records and manifests of waste-hauling interceptor contents. (4) Records of sampling data and sludge height monitoring for FOG and solids accumulation in the grease interceptor.
(5) Records of any spills and/or cleaning of the lateral or sewer system.
(6) Any other information deemed appropriate by the Public WorksUtilities Director or designee to ensure compliance with this chapter.
(g) Best management practices (BMPs). All FSEs are required to implement BMPs in its operations to reduce grease discharged to the sanitary sewer system. Detailed requirements for BMPs shall be specified in the FOG control program. All FSEs are required to comply with the BMPs as set forth therein as well as any additional BMPs established by the Public WorksUtilities Director or designee. (h) Falsifying information or tampering with process. It shall be unlawful to make any false statement, representation, record, report, plan, or other document that is filed with the City, or to tamper with or knowingly render inoperable any grease-control device, monitoring device, method, or access point required under this chapter.
(i) Facility closure notification. All FSEs are required to notify the Public WorksUtilities Department of the facility's closure within 30 days of going out of business. It is the responsibility of the facility to conduct a final cleaning and pump out of any grease-removal device on hand. In the event the facility should fail to conduct a final pump out of the grease-removal device, the City reserves the right to perform such work at the expense of the property owner and/or outgoing utility customer of the closing facility. The property owner has ultimate responsibility for payment of any expenses or fees related to the facility closure, as per Section 6-5.706(d).
(j) Right-of-entry. The Public WorksUtilities Director or designee shall be provided reasonable access to all parts of the wastewater generating and disposal facilities for the purposes of inspection and sampling during all times the FSE is open, operating, or any other reasonable time. No persons or occupants of the premises shall interfere with, delay, resist, or refuse entrance to the Director, an inspector, and/or an enforcement officer attempting to inspect any facility involved directly or indirectly with a discharge of wastewater to the public sewer.
Sec. 6-5.1204. Sewer system overflows, public nuisance, abatement orders, and cleanup costs.
FSEs found to have contributed to a sewer blockage, SSO, or any sewer system interference resulting from the discharge of wastewater or waste containing FOG shall be ordered to install and maintain a grease interceptor, and may be subject to a plan to abate the nuisance and prevent any future health hazards created by sewer line failures and blockages, SSOs, or any other sewer system interferences. SSOs may cause threat and injury to public health, safety, and welfare of life and property and are hereby declared public nuisances. Furthermore, service lateral failures and SSOs caused by an FSE, alone or collectively, are the responsibility of the private property owner or FSE, and individual(s) as a responsible officer or owner of the FSE. If the City must act immediately to contain and clean up an SSO caused by blockage of a private or public sewer lateral or system serving an FSE, or at the request of the property owner or operator of the FSE, or due to the failure of the property owner or FSE to abate the condition causing immediate threat of injury to the health, safety, welfare, or property of the public, the City's costs for such abatement may be entirely borne by the property owner or operator of the FSE, and individual(s) as a responsible officer or owner of the FSE and may constitute a debt to the City and become due and payable upon the City's request for reimbursement of such costs. Cost recovery shall be in accordance with Title 4, Chapter 8, Nuisance Abatement Code of this Code.
Sec. 6-5.1205. Monitoring and reporting conditions.
(a) Monitoring for compliance with permit conditions and reporting requirements. (1) The Public WorksUtilities Director or designee may require periodic reporting of the status of implementation of BMPs.
(2) The Public WorksUtilities Director or designee may require visual monitoring at the sole expense of the FSE to observe the actual conditions of the FSE's service lateral and sewer lines downstream.
(3) The Public WorksUtilities Director or designee may require reports for self-monitoring of wastewater constituents and FOG characteristics of the FSE needed for determining compliance with any conditions or requirements as specified in the discharge permit, BMPs, or this chapter. Monitoring reports of the analyses of wastewater constituents and FOG characteristics shall be in the manner and form approved by the Public WorksUtilities Director or designee and shall be submitted upon request of the Public WorksUtilities Director or designee. Failure by the FSE to perform any required monitoring or to submit monitoring reports required by the Public WorksUtilities Director or designee constitutes a violation of this chapter and shall cause the City to initiate all necessary tasks and analyses to determine the wastewater constituents and FOG characteristics for compliance with any conditions and requirements specified in the FOG control program, FSE discharge permit, or in this chapter. The FSE shall be responsible for any and all expenses of the City in undertaking such monitoring analysis and preparation of reports.
(4) Other reports may be required such as compliance schedule progress reports, FOG control monitoring reports, and any other reports deemed reasonably appropriate by the Public WorksUtilities Director or designee to ensure compliance with this chapter.
Sec. 6-5.1206. Inspection and sampling conditions.
(a) Inspection. The Public WorksUtilities Director or designee may inspect or order the inspection and sample of the wastewater discharges of any FSE to ascertain whether the intent of this chapter is being met and the FSE is complying with all requirements. The FSE shall allow the City access to the FSE premises during normal business hours for purposes of inspecting the FSE's GRD and reviewing the manifests, receipts, and invoices relating to the cleaning, maintenance, and inspection of the GRD. (b) Sampling. The Public WorksUtilities Director or designee shall have the right to place or order the placement on the FSE's property or other determined locations such devices as are necessary to conduct sampling or metering operations. Where an FSE has security measures in force, the FSE shall make necessary arrangements so that representatives of the City shall be permitted to enter without delay for the purpose of performing their specific responsibilities.
Sec. 6-5.1207. Notification of spill and/or sewer system overflow. (a) In the event an FSE is unable to comply with any permit condition or any section of this chapter due to a breakdown of equipment, accidents, or human error or the FSE has reasonable opportunity to know that their discharge will exceed the discharge provisions of the FSE discharge permit of this chapter, the discharger shall immediately notify the City. If the material discharged to the sewer has the potential to cause or result in sewer blockages or SSOs, the discharger shall immediately notify the local health department and the City.
(b) Confirmation of this notification shall be made in writing to the Public WorksUtilities Director or designee at the address specified in the FOG control program no later than five working days from the date of the incident. The written notification shall state the date of the incident, the reasons for the discharge or spill, what steps were taken to immediately correct the problem, and what steps are being taken to prevent the problem from recurring.
(c) Such notification shall not relieve the FSE of any expense, loss, damage, or other liability which may be incurred as a result of damage or loss to the City or any other damage or loss to person or property; nor shall such notification relieve the FSE of any fees or other liability which may be imposed by this chapter or other applicable law.
Sec. 6-5.1208. Notification of planned changes.
An FSE shall notify the City at least 60 days in advance prior to any facility expansion, remodeling, or process modifications that may result in new or substantially increased FOG discharges or a change in the nature of the discharge. FSE shall notify the City in writing of the proposed expansion or remodeling and shall submit any information requested by the City for evaluation of the effect of such expansion on the FSE's FOG discharge to the sewer system.
Sec. 6-5.1209. Enforcement of fog program.
Noncompliance. Failure on the part of any FSE to maintain continued compliance with any of the requirements set forth in Sections 6-5.1201 through Sections 6-5.1208 may result in the initiation of enforcement action, as outlined in Sections 6-5.1001—Sections 6-5.1003. Such enforcement action may include, but is not limited to, the issuance of a verbal warning, written warning, notice of violation (NOV), administrative order, administrative civil liability, and/or imposition of administrative fines and/or penalties.
Exhibit B
01248.0026 2133932.1
Yuba City, California, Code of Ordinances Created: 2025-09-26 10:21:55 [EST] (Supp. No. 10)
The City Council of the City of Yuba City does ordain as follows:
TITLE 6. - PUBLIC WORKS
CHAPTER 6. WATER SYSTEM
Sec. 6-6.01. General provisions.
(a) Short title. This chapter shall be known and may be cited as the "Yuba City Water Regulations." (b) Words and phrases. For the purposes of this chapter, all words used in this chapter in the present tense shall include the future tense, all words in the plural number shall include the singular number, and all words in the singular number shall include the plural number.
(c) Water system. The City shall furnish a system, plant, works, and undertaking used for and useful in obtaining, conserving, and distributing water for public and private uses, including all parts of such system, all appurtenances to such system, and lands, easements, rights in land, water rights, contract rights, franchises, and other water supply, storage, and distribution facilities and equipment. (d) Separability. If any section, subsection, sentence, clause, or phrase in this chapter is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. (e) Pressure conditions. All applicants for service connections or water service shall be required to accept such conditions of pressure and service as are provided by the distribution system at the location of the proposed service connection and to hold the City harmless for any damages arising out of low-pressure or highpressure conditions or interruptions in service. (f) Tampering with City property. No one, except an employee or representative of the City, shall at any time in any manner operate the curb cocks or valves, main cocks, gates, or valves of the City's system or interfere with meters or their connections, street mains, or other parts of the water system. (g) Penalties for violations. For the failure of the customer to comply with all or any part of this chapter, or any ordinance, resolution, or order fixing rates and charges of the City, a penalty for which has not hereafter been specifically fixed, the customer's service shall be discontinued, and the water shall not be supplied to such customer until he or she shall have complied with the rule, regulation, rate, or charge which he or she has violated or, in the event he or she cannot comply with such rule or regulation, until he or she shall have satisfied the City that in the future he or she will comply with all the rules and regulations established by the laws of the City and with all rates and charges. In addition thereto, he or she shall pay the City all fines and fees established in Section 6-6.18 and Section 6-6.20 of this chapter. (h) Rulings final. All rulings of the Council shall be final. All rulings of the City Manager shall be final unless appealed in writing to the Council within five days. When appealed, the Council ruling shall be final. (i) Repeals. Ordinance Nos. 272, 307, and 506, and all other ordinances or parts of ordinances in conflict with this chapter, are hereby repealed.
(j) Effective date. The effective date of this chapter is July 1, 1975. (k) Plan check and inspection fee. In connection with any work of construction required by the terms of this chapter, a plan check and inspection fee shall be charged, the amount thereof being as set forth in the City's fee schedule.
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(Supp. No. 10)
Sec. 6-6.02. Definitions.
The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(a) Council shall mean the City Council of the City.
(b) City shall mean the City of Yuba City, and the City Council of the City performing functions related to the City water service, together with the City Manager, the Public WorksUtilities Director, the Public Works Director, the Finance Director, and other duly authorized representatives. (c) Distribution mains shall mean water lines in streets, highways, alleys, and easements used for public and private fire protection and for the general distribution of water. (d) Service or service connection shall mean the pipe line and appurtenant facilities, such as curb stop, meter, and meter box, if any, all used to extend water service from a distribution main to premises. Where services are divided at the curb or property line to serve several customers, each such branch service shall be deemed a separate service.
(e) Public fire protection service shall mean the service and facilities of the entire water supply and storage and distribution system of the City, including the fire hydrants affixed thereto and the water available for fire protection, excepting house service connections and appurtenances thereto. (f) Regular water service shall mean the water service and facilities rendered for normal domestic, commercial, and industrial purposes on a permanent basis and the water available therefor. (g) Temporary water service shall mean the water service and facilities rendered for construction work and other uses of limited duration and the water available therefor. (h) Private fire protection service shall mean the water service and facilities for building sprinkler systems, hydrants, hose reels, and other facilities installed on private property for fire protection and the water available therefor.
(i) Premises shall mean a lot or parcel of real property under one ownership, except that any separate structure may be deemed separate premises. Apartment houses, motels, office buildings, and structures of like nature may be classified as single premises.
(j) Cross-connection shall mean any physical connection between the piping system from the City service and that of any other water supply that is not, or cannot be, approved as safe and potable for human consumption, whereby water from the unapproved source may be forced or drawn into the City distribution mains.
(k) Owner shall mean the person owning the fee, or the person in whose name the legal title to the property appears, by deed duly recorded in the County Recorder's office, or the person in possession of the property or buildings under claim of, or exercising acts of ownership over the same for himself or herself, or as executor, administrator, guardian, or trustee of the owner. (l) Person shall mean any human being, individual, firm, company, partnership, association, private, public, or municipal corporation, the United States of America, the State of California, and any district, political subdivision, governmental agency, and subsidiary thereof. (m) Cost shall mean the costs of labor, materials, transportation, supervision, engineering, and all other necessary or reasonable expenses.
(n) Dwelling shall mean any residence, apartment, habitation, or other structure customarily occupied by a single person or family and which contains facilities for the preparation of meals.
01248.0026 2133932.1
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(o) Resale shall mean any change of ownership by sale, or transfer, of real property as recorded by the Sutter County Recorder, except sale or transfer between members of an immediate family. Immediate family being limited to husband-wife, brother-sister, parent-child.
Sec. 6-6.03. Notices.
Notices from the City to a customer shall normally be given in writing and either delivered or mailed to their last known address. When conditions warrant and in emergencies, the City may resort to notification either by telephone, messenger, text, or email.
Sec. 6-6.04. Administration.
(a) Council. The management, control, and care of the Municipal Water System of the City shall be vested in and under the direction of the Council.
(b) Finance Director. The Finance Director shall operate under the direction of the City Manager and shall be in charge of the billing, collecting, and maintenance of the bookkeeping system for the Municipal Water System. The Finance Director shall be responsible for the collection and banking of all money due the City and shall keep controlling records which shall reflect monthly transactions of individual accounts. (c) Public WorksUtilities Director. The Public WorksUtilities Director shall operate under the direction of the City Manager and shall perform all the duties connected with, and have supervision of, the water works system, other than the office of bill collection and bookkeeping and the office of professional engineering, and shall perform such other duties as may be required by the City Manager. (d) Public Works Director. The Public Works Director shall operate under the direction of the City Manager and shall be in charge of the professional engineering review and approval of extensions and connections to the Municipal Water System by private development. The Public Works Director shall also be responsible for or assist with the improvement or construction of the water works system capital infrastructure.
Sec. 6-6.05. Application for regular water service.
(a) Applications for service to premises with a service connection. Applicants requesting service to commence during regular business hours will be connected without charge, provided a good payment history has been established with the City. Other customers may be requested to provide payment in advance and/or credit references before connection. There will be a service charge, as determined by Section 6-6.18 of this chapter, for customers requesting turn-on or turn-off to be performed on weekends, holidays, and after hours.
(b) Applications for water service with no existing service connection. Applications for regular water service where no main extension is required shall be made upon a form provided by the City. (c) Undertaking of applicant. Each application shall signify the customer's willingness and intention to comply with the regulations relating to the regular water service and to make payment for the water services required.
(d) Payment for previous service. An application shall not be granted unless payment in full has been made for water services previously rendered to the applicant by the City. (e) Delinquencies on accounts in the name of a commercial or residential tenant. In the event that a tenant of a residential or commercial rental property, where water service is furnished in the tenant's name, leaves delinquent and unpaid water charges when the tenant vacates the premises, the City may require any future service to be only in the name of the property owner and not in the name of any subsequent tenant.
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(f) Tenant application. A tenant applying for water services must provide to the City a valid signed lease or rental agreement along with identification for all persons listed on the agreement over the age of 18.
Identification provided must be in the form of a California identification card, military identification card, California driver's license, or other valid picture identification. (g) Installation of services. Regular water service shall be installed at the location desired by the applicant. The size of such service shall be finally determined by the City. Service installations may be made only to property abutting on public streets or abutting on such distribution mains as may be constructed in alleys or easements, at the convenience of the City. Services installed in new subdivisions prior to the construction of streets or in advance of street improvements shall be accepted by the applicant in the installed location. (h) Changes in customers' equipment. Customers making any material change in the size, character, or extent of the equipment or operations utilizing water service, or whose change in operation results in a large increase in the use of water, shall immediately give the City written notice of the nature of the change and, if necessary, amend their applications.
(i) Installation charges. Charges for installing a water service line from the main to the curb stop shall be established by Section 6-6.18 of this chapter.
(j) Extension charges. Extension charges provide for the extension of mains and the installation of necessary fire hydrants within the street right-of-way only, based on property zoned R-1 and R-2 paying one-half the cost of an eight-inch line and all other property paying one-half the cost of a 10-inch line. The extension charge shall be as set forth in Section 6-6.18 of this chapter.
Corner lots and lots having more than one frontage where water mains exist or are planned shall pay extension fees based on 60% of the first 175 feet of total frontage (as measured to the point of intersection of the property lines or the point of intersection of the prolongation of the property lines) and 100% of all frontage in excess of the first 175 feet.
This reduction shall apply only to existing corner lots and shall not apply to corner lots which would be created by a new subdivision, parcel map, or development. Such parcels shall pay extension fees based on 100% of all applicable frontage as measured prior to the creation of the side street.
Extension fees will not be applicable to lands within a subdivision or special assessment district if the water main was installed at no cost to the City (other than oversizing costs) unless an agreement exists providing for the repayment of extension costs to the original developer or to the special district.
Where a water main only serves property on one side of the water line, the charge shall be double the current extension fee.
(k) Connection charges. The connection charge is designed to recover the capital costs of the treatment plant, reservoirs, and transmission lines.
The charge shall be paid at the owner's option at either the issuance of a building permit or at certificate of occupancy, not at the date of application for a building permit. The amount of the connection charges to be paid shall be those charges in effect at the time of payment of said connection fees. Charges shall be paid at the same time the owner chooses to pay all other development impact fees, if any. If no building permit is to be obtained, the charge shall be collected before service is established.
When a user requires a larger service than that which was previously serving the parcel, the user shall pay the difference between the old service and the new service based on those charges in effect at the time of the request as set forth in Section 6-6.18 of this chapter.
Sec. 6-6.06. Main extensions.
(a) Main extensions. The following rules are hereby established:
01248.0026 2133932.1
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(1) Determination. Upon the receipt of any application for water service or request for an application form, the City shall determine whether, in its judgment, a main extension is necessary to provide service. A main extension shall be installed in the manner provided in this section whenever, in the judgment of the City, such main extension is necessary to provide regular water service to the property described in such application or request.
(2) Applications. Any owner or subdivider of one or more lots where, in the opinion of the Public Works Director, an extension is required shall make a written application. Such application shall contain a legal description of the property to be served, a map showing the location of the proposed connection, and any additional information which may be required.
(3) Investigations. Upon the receipt of the application, the City shall make an investigation of the proposed extension and reject, amend, or approve the application. (4) City lines. All extensions provided for in accordance with these regulations shall be and remain the property of the City.
(5) Dead-end lines. No dead-end lines shall be permitted, except as approved by the Public Works Director. (6) Extent and design. All main extensions shall extend to the far property line of developed property. All main extensions shall be subject to design approval by the City. (b) General. Where the City, at its own expense, extends a main to serve property within the corporate limits of the City, the extension charge shall be governed by the applicable portion of subsection (j) of Section 6-6.05 of this chapter.
(c) Main extensions by applicants. If the cost of a main extension is in excess of what the City is prepared to appropriate, it shall be the responsibility of the applicant to provide for the main extension at his or her own expense to the standards established by the City and in accordance with an agreement for such extension.
Sec. 6-6.07. Main extensions to subdivisions.
Where water main extensions are required for subdivisions, it shall be the responsibility of the owner or subdivider to pay the entire cost for the complete installation of all water facilities required within the subdivision and for the extension of water transmission mains from the subdivision to the nearest existing main of adequate capacity for the area to be served. Such transmission mains shall be subject to all the requirements set forth in the subdivision regulations (Chapter 2 of Title 8 of this Code) and to any and all modifications and supplements to such regulations. Upon official acceptance by the City, the City shall assume the full ownership, maintenance, and control of such mains.
Sec. 6-6.08. General use regulations.
(a) Number of services per premises. The applicant may apply for as many fire or landscape services as may be reasonably required for the parcel and approved by the Public Works Director provided the pipeline system from each service shall be independent of the others and they shall not be interconnected, except for approved internal loops. The cost of all services shall be borne by the applicant. No connection shall provide service to more than one parcel.
(1) Minimum size of service: Single-family—one-inch diameter. (2) Residential, single-family, and multi-family: Only one domestic service and meter shall be allowed per parcel.
(3) Commercial/industrial: Only one domestic service and meter shall be allowed per parcel without approval from the Utilities Director or the Public Works Director.
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(b) Water waste.
(1) No customer shall permit leaks or the waste of water. When water is wastefully or negligently used on a customer's premises, the City may discontinue the service if such conditions are not corrected. (2) Water leak adjustment. Should a customer experience a leak that is not due to negligent or willful acts, the customer may be eligible for a leak adjustment in the form of a water service billing credit. (i) Qualifying criteria. The following criteria must be met for the customer to be eligible for a water leak adjustment.
A. Leak(s) must be located in the customer's service line and be beyond the control of the owner, agents, tenants, contractors, or anyone else occupying or using the property.
Leaking faucets, fixtures, appliances, and other leak causes which could have been reasonably foreseen do not qualify for adjustment.
B. Excess water use must be at least 100% higher than normal usage, based on an average of the same billing period for the previous three years (or the available history for the account).
C. A leak adjustment must not have been granted for the customer in 24 months.
D. Proof that repairs were completed must be included with the request form.
E. The request form may only be submitted within three months after the repair.
F. If any insurance payment is received, the customer must immediately notify the City, and may be required to pay back the adjustment.
(ii) Procedure.
A. Customers may request a leak adjustment credit by completing a water leak adjustment request form, which is available at City Hall and the City's website. The completed form must be accompanied by proof of repair in the form of a receipt or invoice.
B. The Finance Director or designee shall determine if the leak and form meet the requirements of this section and whether to grant or deny the leak adjustment request. All decisions from the Finance Director or designee are final.
C. If the leak adjustment is granted, staff will enter the adjustment as a bill credit. The credit is for one billing cycle only and shall be no more than $500 in value. (c) Responsibility for equipment on customer premises. All facilities installed by the City on private property for the purpose of rendering water service shall remain the property of the City and may be maintained, repaired, or replaced by the City without the consent or interference of the owner or occupant of the property. The property owner shall use reasonable care in the protection of the facilities. No payment shall be made for placing or maintaining such facilities on private property. No person shall place or permit the placement of any object in a manner which will interfere with the free access to a service cock or meter box or which will interfere with the reading of the meter. The City is responsible for all piping and equipment up to and including the water meter and check valve. The property owner is responsible for all equipment, piping, and appurtenances downstream of the water meter and check valve. (d) Damages to water system facilities. The customer shall be liable for any damages to the City-owned customer water service facilities when such damages are from causes originating on the premises by an act of the customer or his or her tenants, agents, employees, contractors, licensees, or permittees, including the breaking or destruction of locks by the customer or others on or near a meter, and any damage to a meter which may result from hot water or steam from a boiler or heater on the customer's premises. The City shall
01248.0026 2133932.1
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be reimbursed by the customer for any such damage promptly on presentation of a bill. No seal placed on a meter by the City shall be altered or broken except by an authorized employee. (e) Control valve on customer property. The property owner is responsible for all equipment, piping, and appurtenances downstream of the water meter and check valve. The property owner shall install a shutoff valve as required by the building code. The customer shall not use the service curb stop to turn water on and off for their convenience.
(f) Cross-connections. See Cross-Connection Control Program, Section 6-6.21 of this chapter. (g) Direct connections to stationary steam boiler, hydraulic elevators, power pumps, and similar apparatus. See Cross-Connection Control Program, Section 6-6.21 of this chapter. (h) Ingress and egress. Representatives from the City shall have the right of ingress and egress to the customer's premises at reasonable hours for any purpose reasonably connected with the furnishing of water service. (i) Commercial and industrial cooling systems. See Cross-Connection Control Program, Section 6-6.21 of this chapter.
(j) Pools and tanks. See Cross-Connection Control Program, Section 6-6.21 of this chapter. (k) 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.
(l) Unlawful connections. For any premises found to be receiving City water service without being billed for said service, for whatever reason, the customer may be billed for all services rendered since the installation of the water service. The decision of the Finance Director or designee as to the time and amount of prior costs due shall be final.
(m) Commercial, industrial, and institutional nonfunctional turf irrigation. Users shall comply with the requirements of State law, including the prohibition of the use of potable water for the irrigation of nonfunctional turf located on commercial, industrial, and institutional properties, other than a cemetery, and on the properties of homeowners’ associations, common interest developments, and community service organization or similar entities. The city may enforce the provisions of Chapter 2.5 (Nonfunctional Turf) of Part 2.55 of Division 6 of the Water Code.
Sec. 6-6.09. Meters.
(a) Installation. All services as specifically designated by this chapter, or those as ordered so by the Utilities Director or the Public Works Director, shall be metered. The sum of money set forth in subsection (i) and subsection (j) of Section 6-6.05 of this chapter shall be paid to the City prior to the installation of the meter facilities to pay all the costs of such installation, except as provided in subsection (b) of this section. The service connection, whether located on public or private property, shall be the property of the City, unless specifically otherwise provided, and the City hereby reserves the right to repair, replace, and maintain such service connection, as well as to remove it upon the discontinuance of service. Meters shall be located as close to the street as possible, preferably, within one foot of back of sidewalk. (b) General. All services shall be metered.
(c) Change in location of meters. Meters moved for the convenience of the customer shall be relocated at the customer's expense. Meters moved to protect the City's property shall be moved at the City's expense.
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(d) Changes in size of meter. Changes in the size of the meter shall be made on the request of the customer at his or her own expense. An allowance not to exceed one-half of the current cost of the replaced meter may be made.
(e) Meter reading. Meters shall be read as nearly as possible on the same day each month. (f) Meter testing. Upon the deposit of a sum as determined by Section 6-6.18 of this chapter by any consumer, the City shall test the meter. The consumer shall be notified when the test is to be performed and may be represented at such test.
If the meter is found to over-register more than 2%, an accurate meter shall be installed, the deposit shall be repaid to the depositor and the excess charge for the time service was rendered the customer requesting the test or for a period of six months, whichever shall be the lesser, shall be refunded to the customer.
If the meter is found to be correct or to register less than the actual quantity of water passing through it, the deposit shall be retained by the City.
If a meter tested at the request of a customer is found to be more than 25% slow, in the case of domestic services, or more than 2% slow, for other than domestic services, the City may bill the customer for the amount of the undercharge based upon corrected meter readings for the period, not exceeding six months, the meter was in use.
All meters shall be tested prior to installation, and no meter which registers more than 2% fast shall be installed. (g) Non-registering meters. If a meter is found to be not registering, the charges for service shall be at the minimum monthly rate, or based on the estimated consumption for a comparable period, or by such other method as is determined by the City, and its decision shall be final.
Sec. 6-6.10. Billing.
(a) Billing period. The regular billing period shall be monthly for all services. (b) Opening and closing bills. Opening and closing bills for less than the normal billing period may be prorated.
Closing bills may be estimated by the City for the final period as an expediency to permit the customer to pay the closing bill prior to the time service is discontinued. See Section 6-6.05 for requirements for opening an account.
(c) Payment of bills. Bills for water service and sanitary sewer service shall be rendered at the end of each billing period. Bills shall include the charges for water and sewage and shall be inseparable. Delinquency in any part of the bill shall be sufficient cause for the discontinuance of water service. Bills shall be payable on presentation. On each bill for water and sewer service rendered by the City shall be printed substantially the following: "If this bill is not paid on or before the 60th day after the bill was sent, service may be discontinued. A delinquency charge will be made and collected prior to renewing service following a discontinuance."
(d) Delinquency notices. The City shall make the following reasonable, good faith efforts to notify the customer that their account has become delinquent and may be discontinued:
(1) Additional notifications. The City will make a reasonable, good faith effort to notify the customer that the account remains past due and further collection action will be forthcoming approximately 60 days after bill issuance. The means of notification will be based upon the notification preference selected by the customer, e.g. text, phone, or email. Customers who have not selected a means of notification will be notified by phone. The City assumes no responsibility for phone or email contact information that has not been kept up-to-date by the customer.
(2) Written disconnection notice. The City shall not discontinue water service for nonpayment until payment by the customer has been delinquent for at least 60 days. The City will make a reasonable,
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good faith effort to contact the customer in writing at least ten business days before discontinuation of water service for nonpayment.
(i) The written disconnection notice will be mailed to the mailing address designated on the account. If the mailing address and the address of the property which water service is provided are different, a second notice will be mailed to the physical service address. The written disconnection notice will include:
A. Customer's name and address;
B. Amount that is past due;
C. Date by which payment or payment arrangements are required to avoid discontinuation of service;
D. Description of the process to apply for an amortization plan; E. Description of the process to dispute or appeal a bill; F. City phone number and a web link to the City's Municipal Code Section 6-6.10.(k) - Collection of delinquent water charges.
(ii) Notice to residential tenants/occupants in an individually metered residence. The City will make a reasonable, good faith effort to inform the occupants, by means of written notice, when the water service account is in arrears and subject to disconnection at least ten days before water service is shut off. The written notice will advise the tenant/occupant that they have the right to become customers of the City without being required to pay the amount due on the delinquent account, as long as they are willing to assume financial responsibility for subsequent charges for water service at that address. In order for the amount due on the delinquent account to be waived, the tenant/occupant must provide verification of tenancy in the form of a rental agreement or proof of rent payments.
(iii) Notice to tenants/occupants in a multi-unit complex served through a master meter. The City will make a reasonable, good faith effort to inform the occupants, by means of written notice hung on the door of each residence, when the water service account is in arrears and subject to disconnection at least ten days before water service is shut off. The written notice will advise the tenant/occupant that they have the right to become customers of the City without being required to pay the amount due on the delinquent account, as long as they are willing to assume financial responsibility for subsequent charges for water services at the address(es) served by the master meter. If one or more of the occupants are willing and able to assume responsibility for the subsequent charges for water service to the satisfaction of the City, or if there is a physical means, legally available to the City, of selectively terminating service to those occupants who have not met the requirements for service, the City will make service available to the occupants who have met those requirements.
(iv) If the written disconnection notice is returned through the mail as undeliverable, the City will make a reasonable, good faith effort to visit the residence and leave a notice of discontinuance for nonpayment.
(3) 48-hour notice of termination. The City will make a reasonable, good faith effort to notify the customer 48 hours in advance of disconnection of water service for non-payment. The means of notification will be based upon the notification preference selected by the customer, e.g. text, phone, or email.
Customers who have not selected a means of notification will be notified by phone. The City assumes no responsibility for phone or email contact information that has not been kept up-to-date by the customer.
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(i) If the City is unable to make contact by text, phone, or email, a good faith effort will be made to visit the residence and leave a notice of termination of service. (e) Separate billing. Separate bills may be rendered for any service which has a separate connection to a City waterline. All City meters shall be billed separately.
(f) Responsibility. Where there is more than one usage charge on a single parcel being served through a single service, such as a parcel with multiple dwellings, there shall be charged and collected from the parcel owner the water charge for the entire parcel.
(g) Liability for services rendered. The owner of single- and multi-family residential property served by the City shall be charged with, and shall be personally responsible for, the water bills incurred for water service to such property. While the tenants or lessees of the premises may sign up for water service, the property owner shall remain ultimately responsible for any incurred water bills. (h) Disputed bills. If a customer disputes the water bill and exercises their right to appeal to the City Council, the City will not disconnect water service for nonpayment while the appeal is pending. (i) Delinquent charges. Where a rental property owner has past due charges for utility services, no new account can be established for service at the same property until payment is rendered for those same charges, unless a tenant or tenants elect to assume the responsibility for the account per Section 6-6.10.(d)(iii) - Notice to tenants/occupants in a multi-unit complex served through a master meter. (j) Owner responsible. Notwithstanding any provisions of this chapter, the property owner shall be additionally responsible for payment of all unpaid water/sewer bills and other fees owed to the City. Any agreement between landlords and tenants to the contrary will not relieve the landlord or record owner of the property of the responsibility for payment of the water and/or sewer service charges to the City. (k) Collection of delinquent water charges. All rates, charges, penalties and interest which remain delinquent as of June 30 of each year may be collected in the same manner as the general taxes for the City for the forthcoming fiscal year, as follows:
(1) The City's Finance Department shall prepare a written report, which shall be filed with the City Clerk.
The report shall describe each parcel of real property for which there are any delinquencies in any rates or charges for services rendered to each parcel during the preceding year, and the amount of the delinquency. The report of delinquent water charges may be combined with the report of any other delinquent charges, as long as the report identified the delinquent charges for each service for each parcel.
(2) The City Clerk shall publish notice of the report's filing and of the time and place of hearing on the report, prior to the date set for the hearing. The notice shall be published once a week for two successive weeks prior to the hearing. The Finance Department shall also mail written notice of the report's filing to each property owner whose property or parcel is identified as being subject to delinquent charges setting forth individually each property and each of the services and charges due for that property.
(3) At the time stated in the notice for the prehearing, the Finance Director and/or designee shall hear and consider all objections or protests, if any, to the report concerning the delinquencies in a "prehearing." Thereafter, the City Finance Director may revise, change, reduce, or modify any delinquency, or overrule any or all objections thereto. The Finance Director shall then make his or her determination on each delinquency identified in the report, and present the list to the City Council for final determination at the public hearing stated in the notice. (4) At the time stated in the notice, following the prehearing and prior to submission to the County of Sutter, the City Council shall hear and consider all objections or protests, if any, to the report concerning the delinquencies. Thereafter the City Council may adopt, revise, change, reduce or modify
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any delinquency or overrule any or all objections thereto. The City Council shall then make its determination on each delinquency identified in the report; the City Council's determination shall be final.
(5) Following the hearing, on or before August 10 of each year, the City Clerk shall file with the City's Finance Director a copy of the signed report to submit to the County. The Finance Director will submit a request to the County of Sutter to include the amount of delinquencies on the bills for taxes levied against the properties identified in the report.
Sec. 6-6.11. Discontinuance of service.
(a) Discontinuance of service for nonpayment. Service may be discontinued for the nonpayment of bills on or after the 60th day after the bill was sent.
(1) Before service is disconnected, the customer will be notified by a written disconnection notice at least ten days prior to termination and a second notice 48 hours prior to termination of service by phone, text, or email and by written door hanger. The failure of the City to send, or any such person to receive, such notice shall not affect the City's power hereunder. (2) A customer's water service may be discontinued if water service furnished at a previous location is not paid for within the time fixed in this subsection for the payment of bills. (3) If a customer receives water service at more than one location, and the bill for service at any one location is not paid within the provided time for payment, water service at all locations may be turned off.
(4) Domestic service shall not be turned off for the nonpayment of bills for other classes of water service, such as landscape or fire service.
(b) Delinquency charges. A delinquency charge as determined by Section 6-6.18 of this chapter shall be made and collected on the date of scheduled shut-off and thereafter for nonpayment or other violations of this chapter. When bills are delinquent, the City may demand that the full amount of both delinquent and current bills be paid.
(c) Unsafe apparatus. Water service may be refused or discontinued to any premises where apparatus or appliances are in use which might endanger or disturb the service to other customers. (d) Fraud or abuse. Service may be discontinued if necessary to protect the City against fraud or abuse. (e) Noncompliance with regulations. Service may be discontinued for noncompliance with the provisions of this chapter or any other laws or regulations relating to water service. (f) Vacation of premises. Customers desiring to discontinue service shall so notify the City in order to be relieved of continued liability for service charges.
(g) Short-term disconnections for repairs. Upon notification to the City, short-term disconnections shall be made in order for the customer to complete necessary repairs to their service line. Disconnections will be made at the earliest convenience of the City.
(h) Reestablishment of service. In order to resume or continue service that has been disconnected for any reason except short-term disconnections for repairs, the customer must pay a reestablishment fee. The customer will be charged a fee to reestablish service in the billing system regardless of whether the meter has physically been turned off.
(1) The City will endeavor to reconnect service as soon as practicable but, at a minimum, will restore service before the end of the next working day following payment of any past due amount, delinquent fees attributable to the termination of service, and/or the abatement of any noncompliance issues.
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(2) Water service that is turned on by any person other than City personnel or without City authorization may be subject to fines or additional charges or fees. Any damages that occur as a result of unauthorized restoration of service are the responsibility of the customer.
Sec. 6-6.12. Collection by suit.
(a) Suits. All unpaid rates and charges provided for in this chapter may be collected by suit. (b) Costs. The defendant shall pay all the costs of suit in any judgment rendered in favor of the City.
Sec. 6-6.13. Public fire protection.
(a) Use of fire hydrants. Fire hydrants shall be for use by the City or by organized fire protection agencies. Other persons desiring to use fire hydrants for any purpose shall first obtain written permission from the City prior to use and shall operate the fire hydrant in accordance with instructions issued by the City. Unauthorized use of fire hydrants shall be prosecuted according to law and is subject to enforcement measures established in Section 6-6.20.
(b) Moving fire hydrants. When a fire hydrant has been installed in the location specified by the proper authority, the City shall have fulfilled its obligation. If a property owner or other person desires a change in the location of the fire hydrant, he or she shall bear all costs of such changes, without refund. Any change in the location of a fire hydrant shall be approved by the City. (c) Public fire protection service. Where water is furnished for public fire protection through the public distribution system, within and outside the corporate limits of the City, the City may make a charge for such protection.
Sec. 6-6.14. Private fire protection service.
(a) Adequate prevention—General. A private fire protection service connection, two-inch pipe size and larger, shall be furnished only if adequate provision is made to prevent the use of water from such services for purposes other than fire extinguishing.
(b) Unlawful connections. No person shall make, or allow to exist, any connection to any portion of any line used exclusively for unmetered private fire service for any other purpose. (c) Check valves and bypass meters. There shall be installed on all fire-line connections, two-inch pipe size and larger, used exclusively for unmetered private fire services, a detector check valve of a type approved by the National Board of Fire Underwriters and equipped with a bypass meter. Such installations shall be located within public streets, alleys, rights-of-way, or easements. (d) Payment. If the City installs the private fire protection service, the applicant shall make a deposit, in advance, of the estimated cost of installing the private fire protection service. The charge for such installation shall be based on the City's total cost of all labor, materials, equipment, and other costs incidental to the installation, including the cost of the detector check valve and bypass meter assembly if installed by the City. (e) Title. The service connection and all equipment appurtenant thereto, including the detector check valve and bypass meter assembly, shall be the sole property of the City, and no part of the cost shall be refunded to the applicant.
(f) Use. The unmetered private fire service line shall be used only for fighting accidental fires and for testing the fire prevention system. No charge shall be made for water used for these two purposes.
Water lost through leakage, or used in violation of these regulations, shall be paid for by the applicant at double the rate charged for general use.
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The City shall read such bypass meters for the purposes of detecting any unauthorized use of water through the system. If water is used in violation of these regulations, the City may, at its option, discontinue and remove the service.
(g) Rates. There will be no monthly service charge for fire protection systems.
Sec. 6-6.15. Temporary service.
(a) Duration of service. Temporary service connections shall be disconnected and terminated within six months after their installation, unless an extension of time is granted in writing by the City. (b) Deposits. A deposit shall be paid for temporary service per Section 6-6.18 of this chapter. Upon the discontinuance of the service, an adjustment will be made as an additional charge, refund, or credit for the actual cost of installing and removing the facilities required to furnish such service, exclusive of the cost of salvageable materials, as determined by the City.
If service is supplied through a fire hydrant, the applicant shall be charged a flat charge per connection for the installation, moving, and removal of service facilities, including the meter and a deposit as determined by Section 6-6.18 of this chapter. The City will be notified when the service is no longer required. Billing for the usage of water will be at the metered rate schedule and deducted from the deposit, or an additional billing will be made if the usage exceeds the amount of the deposit.
(c) Installation and operation. All facilities for temporary service to the customer connection shall be installed by the City and shall be operated in accordance with its instructions. (d) Responsibility for meters and installation. The customer shall use all possible care to prevent damages to the meter or any other loaned facilities of the City which are involved in furnishing the temporary service from the time they are installed until they are removed, or until 48 hours after notice in writing has been given to the City that the contractor or other person is through with the meter and the installation. If the meter or other facilities are damaged, the cost of making repairs shall be paid by the customer. (e) Temporary service from fire hydrants. If temporary service is supplied through a fire hydrant, a permit for the use of the fire hydrant shall be obtained from the City. It is specifically prohibited to operate the valve of any fire hydrant other than by the use of a spanner wrench designed for such purpose. (f) Unauthorized use of hydrants. Tampering with any fire hydrant, or the unauthorized use of water therefrom, or for any other purpose, shall be unlawful and subject to enforcement measures established in Section 6-
6.20. (g) Rates. The rates for temporary service shall be in accordance with regular service. The minimum charge for water shall be as set forth by Section 6-6.18 of this chapter. (h) Credit. The applicant shall pay the estimated cost of service in advance or shall be otherwise required to establish credit.
Sec. 6-6.16. Vacancies.
If vacancies occur in any unmetered housing units, other than those on a reduced rate with no credit for vacancies, and if the water pipelines within and/or without any building or combination of buildings have been provided by owners with shutoff valves, there shall be no charge for such unit or units after such valve or valves have been closed and sealed by the City. The type of shutoff valves to be installed shall be approved by the City, and they shall be located in readily accessible places.
Where there are unusual circumstances which result in a substantial hardship upon the property owner from the strict application of the provisions of this section, the City Manager may grant a variance to these provisions;
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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.
Agenda Item 16
CITY OF YUBA CITY
STAFF REPORT
Date: June 2, 2026
To: Honorable Mayor & Members of the City Council;
From: Finance/IT Department
Presentation By:
Summary
Subject: Fiscal Year 2026-2027 Citywide Sole Source and Professional Services Purchases
Recommendation: Adopt a Resolution pre-authorizing the City Manager or designee to perform citywide sole source and professional service purchases from July 1, 2026 through June 30, 2027, for specified items based on each purchase recommendation being in the best interest of the City
Fiscal Impact: The listed purchases throughout the fiscal year 2026-2027, which must conform to the currently approved budget and purchasing policies, represent up to an estimated $10,457,000 in existing or planned sole source agreements, professional service agreements and other frequently used vendors Purpose:
Approve known future and recurring sole source and professional services purchases in the 2026-2027 fiscal year.
Strategic Focus Area:
This item supports the City Council priority of fiscal responsibility.
Background:
The purpose of this staff report is to consolidate known future and mostly reoccurring sole source and professional services purchases in the fiscal year 2026-2027. This approach streamlines purchases during the year and allows the City Council to have a broader knowledge of the upcoming sole source and professional services purchases. In 2008, the City Manager sought to improve efficiency and streamline routine large purchases by placing all known, professional service and sole source purchases required to go before City Council due to exceeding the City Manager’s purchasing authority onto one agenda item that serves to streamline the agendas. To continue to improve the process, all multi-year professional service and sole source purchases are included on the staff report to provide the most transparency, even though the current Council, or a previous Council, had awarded the contract on a previous agenda.
The City’s updated purchasing policy, effective March 2, 2022, authorizes the City Manager to enter
into purchase agreements up to $100,000 without City Council approval. Therefore, vendors appearing in the analysis section attached include those providing support, maintenance, or upgrades for proprietary equipment. The vendors listed provide enough work and service for the City of Yuba City to potentially bring them above the $100,000 City Manager purchasing threshold in a fiscal year. Some vendors listed are continuing in a multiple year agreement that totals over $100,000 over the life of the contract, which may have been competitively selected and awarded by City Council already.
Additionally, some of the vendors listed are subject to the Public Contract Code wherein the threshold is $60,000, but are included for public, City Council, and staff knowledge.
Analysis:
All such contracts and purchasing will continue to follow the Purchasing Policy, as adopted by the City Council, sections 9-1 through 10-8. Additionally, formal bid purchases will continue to go through the formal bid process outlined in the City’s Purchasing Policies and Procedures, along with any sole source, professional services, and commodity purchases that are not in this report.
A sole source purchase is appropriate when:
a. An integral repair part or accessory compatible with existing equipment is only available from one vendor, or
b. A product has a unique design/performance specification or quality requirements essential to department operations, or
c. This is only one known manufacturer or is the only authorized seller/servicer of the product in the region, or
d. Staff has specialized training or expertise with a product and retraining is substantial, or e. Upgrading existing software, making emergency purchases, or special situations as they arise, or
f. An emergency purchase arises, or
g. A public project procurement under the established requirement established by Public Contract Code Section 22032(a), or
h. Special situations as they arise.
If there is a change in circumstances such that any sole source, professional services or commodity purchases would not be warranted under the Purchasing Policy, staff will return to the City Council for approval as to another vendor, etc., as appropriate.
With a City Council approval of staff’s recommendation, the departments will still be required to work within their approved budgets for the fiscal year 2026-2027 and comply with the adopted Purchasing Policy when making purchases. The items in Attachment 2 were considered by City Departments when building their budgets and are expected to not affect budget reduction scenarios.
Fiscal Impact:
The listed purchases throughout the fiscal year 2026-2027, which must conform to the currently approved budget and purchasing policies, represent up to an estimated $10,457,000 in existing or planned sole source agreements, professional service agreements and other frequently used vendors.
Alternatives:
Direct staff to formally bid on some or all the attached sole source purchases and solicit proposals for the professional services agreements.
Recommendation:
Adopt a Resolution pre-authorizing the City Manager or designee to perform citywide sole source and professional services purchases from July 1, 2026, through June 30, 2027, for specified items based on each purchase recommendation being in the best interest of the City.
Attachments:
1. Attachment 1 - FY 26-27 Citywide Purchases Resolution
2. Attachment 2 - FY 26-27 City Wide Staff Report List
3. Attachment 3 - Puchasing Policy Excerpt
4. Attachment 4 - Public Contract Code 22032
Prepared By: Submitted By:
Kaylayshia Byrd
Administrative Analyst II
Robert Bendorf
City Manager
ATTACHMENT 1
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
PRE-AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ENTER INTO
CITYWIDE SOLE SOURCE AND PROFESSIONAL SERVICES PURCHASES FROM JULY 1, 2026 THROUGH JUNE 30, 2027
BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF YUBA CITY AS FOLLOWS:
WHEREAS, the City of Yuba City is a public entity established under the laws of the State of California, and
WHEREAS, the City of Yuba City has a City Council adopted Purchasing Policy that provides direction to staff on all professional service and sole source agreements, and WHEREAS, the City Council of the City of Yuba City has the intent to keep the efficient approval of routine and annual purchases through negotiated professional service and sole source agreements with well-vetted and competent vendors while maintaining transparency, and WHEREAS, such a process promotes the efficient use of public resources, and is in the best interests of the City; and
WHEREAS, the City Council desires to authorize the City Manager, or designee, to enter into contracts with the vendors on the attached list, to be updated and brought before City Council annually.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City as follows:
1. From July 1, 2026 through June 30, 2027, the City Council pre-authorizes the City Manager, or designee, to enter into agreements with vendors, service providers, etc., as identified in Attachment 2, and in the amounts not to exceed those identified therein. The City Manager, or designee, shall otherwise have discretion as to the terms of said agreements, subject to review and approval of the City Attorney as to legal form. The actual selection and award of such contracts and purchasing items will continue to comply the City’s adopted Purchasing Policy as may be amended. If there are circumstances such that an award of any sole source, professional service or commodity purchase to a preauthorized business or person would not otherwise be warranted under the Purchasing Policy, then the award shall not be made to that pre-authorized person or business.
Instead, the City Manager or designee will return to the City Council to obtain approval as to another person or business who would be appropriately awarded the bid or agreement consistent with the Purchasing Policy, unless the City Manager was otherwise authorized to make such an award under the Purchasing Policy or other authority previously granted by the City Council.
2. The City Council finds that the pre-authorization as provided for herein promotes the efficient use of public resources, and is in the best interests of the City.
The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 2nd day of June, 2026.
AYES:
NOES:
ABSENT:
Marc Boomgaarden, Mayor
ATTEST:
Ciara Wakefield, City Clerk
APPROVED AS TO FORM
COUNCIL FOR YUBA CITY:
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
ATTACHMENT 2
Citywide Purchases:
Kronick of Sacramento, CA
Professional services agreement in the estimated amount of $120,000 for employment and labor law attorney services.
BLAIS & ASSOCIATES of Little Elm, TX and Irvine, CA
Grant monitoring and support services in the estimated amount of $200,000 per calendar year.
COP SHOP INSTALLATIONS of Yuba City, CA
Sole source purchases in the estimated amount of $250,000 for the purchase and installation of emergency vehicle accessories for Police and Fire Department vehicles such as light bars, decals, sirens, scanners, opticoms, etc.
LANDSCAPES BY STENTZEL of Live Oak, CA
Technical services in the estimated amount of $250,000 for maintenance of Landscape Maintenance Districts (LLMD) unfunded City street trees, and City facilities as part of RFP Contract No. 21-01.
Development Services Purchases:
DENIS COOK, LAND USE PLANNING CONSULTING of Thousand Oaks, CA Professional services agreement in the estimated amount of $105,000 for assistance on an as-needed basis in the processing of land use entitlement applications including but not limited to General Plan Amendments, Specific Plans, Rezoning Tentative Subdivision and Parcel Maps, Use Permits, Variances and other entitlements or studies. Work may also include preparation of staff reports, ordinances, resolutions, legal notices and other items as needed. Includes preparation of environmental documentation for compliance with the California Environmental Quality Act (CEQA). Assistance may include other Planning or Local Agency Formation Commission (LAFCO) related items.
PLACEWORKS of Santa Ana, CA
Professional services agreement in the estimated amount of $770,000 for general plan updates, zoning code updates, and associated environmental work. Placeworks has worked with the City to complete the 2040 General Plan and updated the City’s Housing Element and we are commencing the next phase of tasks utilizing grant funding and existing CIP funding for General Plan implementation to complete this work.
SACRAMENTO REGIONAL CONSERVATION CORPS of Sacramento, CA Professional services agreement in an estimated total of $105,000 to utilize grant funds and existing property abatement funds to abate homeless impacts.
SERVPRO of Oroville, CA
Professional services agreement in the estimated amount of $105,000 for emergency boardup services CRBR PROPERTY DAMAGE SERVICES of Yuba City, CA
Professional services agreement in the estimated amount of $105,000 for emergency boardup services
Finance/IT Purchases:
TYLER TECHNOLOGIES of Plano, TX
Sole source in the estimate amount of $600,000 for the City’s financial/HR system annual maintenance and hosting agreement. This system is a collection of software modules that integrate to form a single system. Tyler is the developer and sole distributor of their software.
SHI of Somerset, NJ
Sole source in the estimated amount of $200,000 for the City’s Microsoft Enterprise Agreement annual license. This agreement provides software for desktops, servers and applications including Office, email and databases. Our contract is part of the Riverside County Microsoft Agreement and the pricing on this agreement is the same for all participants and SHI is our administrator. SHI is now our administrator for our Adobe services as well.
SUTTER BUTTES COMMUNICATION of Yuba City, CA
Sole source in the estimated amount of $140,000 for parts, installation, radio service and warranty for patrol vehicles, fire vehicles, and the communication center. Sutter Buttes has been providing services for the City for many years and is very familiar with the parts and installation that are needed to keep our radio communications working.
MOTOROLA SOLUTIONS, INC of Schaumberg, IL
Sole source in the estimated amount of $250,000 for portable radios and accessories for personnel and vehicles. Motorola is the developer and sole distributor of their software.
AXON of Scottsdale, AZ
Sole source in the estimated amount of $200,000 for the annual maintenance agreement of the Police Department’s in-car and body camera equipment, as well as the cloud storage for video recordings.
Fire Purchases:
ALLSTAR FIRE EQUIPMENT OF HAYWARD, CA
Sole source contract in the estimated amount of $192,000 for Fire Department purchases of Phos-Check Class A and Angus AR-AFFF Class B concentrated firefighting foam, structural firefighting helmets, hose, and Lyon structural firefighter turnouts.
LN CURTIS & SONS of Oakland, CA
Sole source contract in the estimated amount of $200,000 for Fire personal protective equipment, hose and apparatus equipment, and vehicle extrication equipment. LN Cutis & Sons has exclusive contracts with many manufacturers of Fire Equipment used by the Yuba City Fire Department. Standardization of equipment for all fire units is necessary for efficient use in emergencies.
Public Works and Utilities Purchases:
Professional Services:
CALTEST of Napa, CA
Professional services in the estimated amount of $250,000 for contracted laboratory and stormwater testing services.
COASTLAND CIVIL ENGINEERING of Auburn, CA
Professional services in the estimated amount of $300,000 for engineering, design, document preparation, and staff support.
E-SOURCE COMPANIES LLC of Boulder, CO
Professional services in the estimated amount of $125,000 for consulting services related to the water loss control and leak detection services.
LARRY WALKER ASSOCIATES of Davis, CA
Professional services in the estimated amount of $300,000 for consulting services related to the WWTF NPDES permit renewal, storm-water management, and Utilities CIP projects.
VERDANTAS of Marysville, CA
Professional services in the estimated amount of $300,000 for on-call engineering, surveying, and design services on a time-and-materials basis to support miscellaneous Engineering, CIP, water, and wastewater projects
PACIFIC ECORISK of Fairfield, CA
Professional services in the estimated amount of $140,000 for contracted laboratory services.
SOMACH SIMMONS & DUNN of Sacramento, CA
Professional services in the estimated amount of $250,000 for legal services for water rights and supply issues.
TESCO of Sacramento, CA
Professional services in the estimated amount of $150,000 for instrumentation system support, preventative maintenance services, and proprietary materials and parts at the Water Treatment Facility, Wastewater Treatment Facility.
TM PROCESS & CONTROLS, INC. of Elk Grove, CA
Professional and technical services in the estimated amount of $250,000 for support of the electrical, SCADA, and instrumentation systems at the Water and Wastewater Treatment Facilities.
ZANJERO of Sacramento, CA
Professional services in the estimated amount of $200,000 for water planning and supply consultant services.
Technical & Maintenance Services:
COMMERCIAL PUMP & MECHANICAL, INC. of Chico, CA
Sole source in the estimated amount of $325,000 for on-call mechanical, pump repair, upgrades, and full installation services on a time-and-materials basis for the City’s infrastructure maintenance.
DOS RIOS of Yuba City, CA
Sole source in the estimated amount of $175,000 for construction services to be provided for the Water Treatment Plant.
FEATHER RIVER ELECTRIC MOTORS, LLC of Durham, CA
Sole source in the estimated amount of $200,000 for on-call services and parts on a timeand-materials basis for the water and wastewater systems.
KVILHAUG DRILLING & PUMP INC. of Winters, CA
Sole source in the estimated amount of $125,000 for pump repair, upgrades, and full installation services for the current and future wells in the City's parks and facilities.
MICHELS CORPORATION DBA MICHELS PIPELINE CONSTRUCTION of Salem, OR Sole source in the estimated amount of $225,000 for water infiltration, manhole rehabilitation, storm drainage system, and related on-call services for the sewer collection system.
RICHALL ELECTRIC CO. of Yuba City, CA
Sole source in the estimated amount of $200,000 for on-call electrical services on a timeand-materials basis, including emergency and after-hours work, for the Water and Wastewater Treatment Facilities.
S & S AG AND CONSTRUCTION SERVICES INC of Gridley, CA
Sole source in the estimated amount of $200,000 for on-call scraping, excavation, hauling, and deep ripping of Water and Wastewater Treatment Facilities and other related services.
TELSTAR INSTRUMENTS of Sacramento, CA
Sole source in the estimated amount of $125,000 for on-call instrumentation system support, annual flowmeter calibration, and preventative maintenance.
XYLEM WATER SOLUTIONS USA, INC. of Rye Brook, NY and Fairfield, CA Sole source in the estimated amount of $250,000 for parts and services for specialty pumps, parts, and supplies for the Water and Wastewater Treatment Facilities.
On-Call/Emergency Services:
H & H TRENCHING of Arboga, CA
Sole source in the estimated amount of $150,000 for on-call construction services on a time-and-materials basis for public works and utilities projects of $75,000 or less in accordance with Public Contract Code Section 22032(a).
HYATT CONTRACTING of Marysville, CA
Sole source in the estimated amount of $150,000 for on-call construction services on a timeand-materials basis for public works and utilities projects of $75,000 or less in accordance with Public Contract Code Section 22032(a).
NEWLAND ENTITIES of Marysville, CA
Sole source in the estimated amount of $150,000 for on-call construction services on a time-and-materials basis for public works and utilities projects of $75,000 or less in accordance with Public Contract Code Section 22032(a).
NORTH STAR CONSTRUCTION AND ENGINEERING, INC. of Yuba City, CA Sole source in the estimated amount of $225,000 for on-call construction and engineering services on a time-and-materials basis for public works and utilities projects of $75,000 or less in accordance with Public Contract Code Section 22032(a).
Sole Source Purchases:
BADGER METER of Santa Rosa, CA
Sole source in the estimated amount of $300,000 for the continued provisions of the water meter reading system, such as software support and water meter equipment and repair parts.
FRANK OLSEN COMPANY of Livermore, CA
Sole source in the estimated amount of $150,000 for purchasing valves and actuators for the Water Treatment Plant conventional filters.
PACE SUPPLY CORP of Los Angeles, CA
Sole source in the estimated amount of $200,000 for parts, supplies, and services for the Public Works, Utilities, and Parks departments.
POLYDYNE, INC. of Riceboro, GA
Sole source in the estimated amount of $700,000 for polymer for the wastewater treatment process.
REXEL USA, INC. of Yuba City, CA
Sole source in the estimated amount of $250,000 for electrical parts, supplies, and services for the Water and Wastewater Treatment Facilities.
MISCOWATER of Pleasanton, CA
Sole source in the estimated amount of $150,000 for pumps, panels, parts and supplies for the Water and Wastewater Treatment Facilities.
SHAPE INCORPORATED of Pleasanton, CA
Sole source in the estimated amount of $150,000 for pump parts, repairs, and service for Flygt-brand equipment.
ATTACHMENT 3
SECTION 9: SPECIAL PROCUREMENT CIRCUMSTANCES
9-1. Finance Department Procurements
The Finance Department is charged with the duty to contract for purchase of the following equipment, materials, and services:
1. New or replacement vehicles or equipment
2. Items purchased from state contracts
3. Computer hardware and software (through the Information Technology Division)
4. Other items as may be determined in the future
5. When it is in the best interest of the City to negotiate an extension of an existing contract for supplies or technical services, based on satisfactory performance.
Such negotiated price must be fair and reasonable. This shall also apply to products or services purchased through prior recent bidding. 9-2. CDBG and Other Applicable Federal Grants:
In compliance with the City’s Community Development Block Grant, HOME funds, and other applicable federal funds administered by the United States Department of Housing and Urban Development (HUD), procurement procedures shall comply with federal regulations (24 CFR 85.36). The City will follow the Office of Management and Budget Guidance 2 CFR 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
9-3. Sole Source Purchases:
When competitive quotations for goods and services are not possible, such purchases shall be made through negotiated procurement. Sole source purchases may require City Manager or City Council approval, based upon procurement limits and Municipal Code requirements.
A sole source justification form must be signed by the requestor’s Department Head and City Manager (if applicable), then forwarded to the Finance Department and filed to justify the sole source purchase. Sole-source specifications should be avoided whenever possible as they minimize or eliminate competition.
When the use of said sole-source vendor is expected to be repeated or ongoing, the operating department may indicate that it is a “recurring” sole source on the sole source justification form. The sole source justification shall then be valid for three years from date of approval by the Department Head.
9-3.1. Sole Source is Appropriate When:
1. The requested product is an integral repair part or accessory compatible with existing equipment and is only available from one vendor.
2. The requested product has unique design/performance specifications or quality requirements which are essential to department operations and are not available in comparable products.
3. Only known manufacturer of this product.
4. The requested product is one with which department staff have specialized training and/or extensive expertise. Retraining would incur substantial cost in time and/or money.
5. Only vendor authorized to sell/service this product in our region.
6. Upgrade to existing software. Available only from the producer of this software who sells on a direct basis only.
7. Emergency purchase.
8. Public project procurements under the requirements established by Public Contract Code Section 22032(a).
9. Special situations as they arise.
9-3.2. City Manager Approval:
Sole source requests between $50,000.01 and $100,000 require the approval of the City Manager.
9-3.3. City Council Approval:
Sole source requests over $100,000 require the approval of the City Council. 9-4. Emergency Purchases up to $100,000 (Not for Public Projects):
Emergency purchases may be made without the benefit of competitive bidding when time is of the essence. Emergency purchases should be made only for the following reasons: (1) to preserve life, health, or property; (2) upon a natural disaster; (3) to correct or forestall a shutdown to maintain essential public services; or (4) other unforeseeable events (as authorized by the City Manager). Emergency purchases are not valid for contrived urgencies resulting from lack of planning and organization. Since emergency orders do not normally provide the City an opportunity to obtain competitive quotes, nor properly encumber funds, such orders should be kept to an absolute minimum. Emergency purchases shall be approved by the Department Head or designee. 9-5. Emergencies Over $100,000 (Not for Public Projects):
Emergency purchases over $100,000 require the approval/signature of the City Manager.
The City Manager shall provide a report after any emergency purchase over $100,000 at the next City Council meeting following the emergency purchase. 9-6. Emergency Public Projects:
Public projects shall be completed according to Public Contract Code 22050 and the City’s Municipal Code Section 2-6.15.
9-7. Cooperative Purchases:
The City may participate in purchases and contracts conducted by other political jurisdictions, provided that the cooperative agreement is established following a competitive bid process. In a cooperative purchase, one agency represents several agencies by soliciting bids including the needs of the other agencies in the bid specifications. This higher product volume may result in lower unit cost for all agencies, and also reduces the time and cost of the City administering its own bid process.
Needed documentation includes:
1. Copy of the other jurisdiction’s bid document(s)
2. Any Board or Council action awarding the contract
3. The contract documents
The City Manager may authorize the award of cooperative purchase agreements for amounts not more than $100,000; City Council approval is required for the award of any cooperative purchase exceeding $100,000.
9-8. Piggyback onto Existing Contract:
“Piggybacking” is the use of an existing contract for goods between another government agency and a vendor for the purchase of those same goods. When piggybacking onto a contract, the City must use the terms of the contract and price of the item must be as specified in the contract or awarding document. The contract for consideration must have been awarded through a competitive bidding process prepared and awarded by another local, state, or federal government agency.
Needed documentation includes:
1. Copy of the other jurisdiction’s bid document(s)
2. Any Board or Council action awarding the contract
3. The contract documents
The City Manager may authorize the award of piggyback purchases for amounts not more than $100,000; City Council approval is required for the award of any piggyback purchase exceeding $100,000.
9-9. Exemptions from Obtaining a Purchase Order:
The Finance Department shall maintain an approved direct pay list for which no purchase order is required due to unique purchasing circumstances, such as invoices from government agencies, utility providers, and subscription services.
The following is a non-inclusive list of the direct pay categories and/or vendors at the time of policy adoption:
The following is a non-inclusive list of the direct pay categories and/or vendors at the time of policy adoption:
• Actuarial studies
• Advertising
• Assessment district administration costs
• Attorney services
• Bond issuance costs (bond counsel, rating agency fees, and trustee fees) • Cafeteria plan administration
• CDBG and Home Rehabilitation Loans
• Claim settlements (for liability claims)
• Conference or seminar registration
• Copy machine maintenance and leasing under contract
• Debt service payments
• Department of Health Services
• Department of Water Resources
• Deposit refunds
• Document destruction
• Downtown Business Improvement District remittance of cash receipts • Employment Development Department
• Family Intervention Team program expenditures
• Feather River Air Quality Management District
• Fingerprinting (Department of Justice)
• Fingerprinting (Sutter County – Live Scan)
• Fire Department stipend checks
• Fuel for storage tanks
• General Liability insurance premiums
• Gilsizer Drainage District
• Housing consultant
• Land/property
• Lobbying activities
• Meals (per diem or travel reimbursement)
• Membership dues
• MuniFinancial
• Net 5 purchases (Secretary, City of Marysville)
• Office equipment O&M
• Office supplies (consumable only)
• Parking Citation Hearing Officer
• Payroll deduction remittances
• Petty cash reimbursements
• Postage & freight
• Pre-employment physicals, medical blood, DATCO (substance abuse testing)
• Refunds
• Retirement administration: Phase II Systems for PARS trust administration • State Board of Equalization (diesel fuel tax, sales and use tax) • State Division of Administrative Services (seismic fees) • State Water Resources Control Board
• Subdivision Agreement reimbursements
• Subscriptions
• Supplies or refreshments reimbursement
• Sutter-Yuba Mosquito Vector Control District
• Teambuilding (Amistad Associates)
• Telephone
• Temporary help (personnel agency)
• Training programs
• Travel & meetings
• Trustee fees
• Tuition reimbursements
• Uniform rental and cleaning (under contract)
• Utilities
• Vehicle allowance
• Water delivery service
• Yuba-Sutter Economic Development Corporation
An authorized signature and appropriate budget number(s) should be provided by the purchaser to Accounts Payable for invoices up to $5,000. Invoices above $5,000 should be accompanied by a check request form, approved by the Department Head.
SECTION 10: PROFESSIONAL SERVICES
10-1. Definition:
Those services by independent consultants such as legal, engineering, programming, planning, environmental, economic, financial, testing, specialized temporary employee services, medical, dental, accounting, surveying, landscape architecture, advertising, design, etc., are considered to be “professional services”. This may also include services requiring peculiar or specialized abilities which by state law do not require competitive bidding.
10-2. Operating Department Responsibilities:
1. Prepare specifications or scope of work.
2. Solicit, review, and select qualified consultant/firm.
3. Provide written documentation justifying selection of the successful consultant/firm. Staff may utilize the Professional Services Justification form on CityNet.
4. Prepare a City Professional Services Agreement and obtain consultant’s signature.
5. Compile all exhibits/attachments described or referenced in the contract.
6. Secure and review required insurance documents for conformance to City contract requirements.
7. Submit the contract to the City Attorney for review and approval, if applicable.
8. If between $50,000 and $100,000, obtain City Manager approval.
9. If over $100,000, obtain Council approval.
10. Submit requisition to Finance to issue a purchase order.
11. Submit original signed contract, complete with exhibits, attachments, and insurance, to the City Clerk.
12. Provide the consulting firm a signed copy of the contract. 10-3. Decentralized:
Due to the specialized and technical nature of professional services, contracting for professional services is decentralized and shall be the responsibility of each applicable Department Head.
.
10-4. Solicitation of Proposals:
Solicitation of professional service proposals is the responsibility of the operating departments. The Finance Department may be contacted to assist and support the formal request for proposal process.
10-5. Selection of Consultant:
Contracts negotiated by the City for professional services will be based on demonstrated competence, professional qualifications for the services required, availability, fair and reasonable cost, and other relevant factors as determined by the operating department Competitive bidding is encouraged whenever possible; however, it is not mandatory. 10-6. City Attorney Review and Approval:
The City shall, whenever possible, use the City’s Professional Services Agreement form, which as been approved as to form by the City Attorney and is available on CityNet. Should another agreement be considered for professional services, review and approval as to form by the City Attorney is required prior to execution by the City.
10-7.1. Contracts of $50,000 or Less:
Contacting three (3) firms, although encouraged, is not required for contracts $50,000 or less. Department Heads are authorized to sign Professional Service Agreements totaling $50,000 or less.
10-7.2. Contracts $50,000.01 up to $100,000:
Operating departments should, whenever possible, contact three (3) consultants/firms and select the most qualified firm. The City Manager is authorized to sign Professional Service Agreements totaling $100,000 or less.
10-7.3. Contracts Over $100,000:
Operating departments shall solicit written proposals and negotiate with a minimum of three (3) consultants/firms, whenever possible. Professional Service Agreements over $100,000 require City Council approval. If the contract is a multiple year agreement, 10-7. Procurement Limits — Professional/Consultant Services:
Specified procurement limits are tabulated per consultant firm per fiscal year and are not to be split to circumvent the determined limits. No professional services consultant shall be paid more than $100,000 per fiscal year for the City as a whole without prior Council authorization.
information regarding multiple years must be presented to Council in the staff report at the time of approval.
10-8. Changes to and Cancellation of Purchase Orders:
The operating department will notify Finance when initiating changes which alter the purchase order. Purchase orders that need to be canceled or closed must be forwarded to Accounts Payable. The last payment against a purchase order that does not increase the purchase order total by 10% can be processed without obtaining a purchase order change order.
The City Manager will approve any change orders that have the purchase order total amount exceed $50,000, up to $100,000. Change orders cannot be requested that exceed Council-approved appropriations or Council contract award amounts without additional Council authorization.
The City Attorney shall review and approve as to form all Professional Service Agreements prior to City Council approval for contracts over $100,000.
ATTACHMENT 4
State of California
PUBLIC CONTRACT CODE
Section 22032
22032. (a) Public projects of sixty thousand dollars ($60,000) or less may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order.
(b) Public projects of two hundred thousand dollars ($200,000) or less may be let to contract by informal procedures as set forth in this article. (c) Public projects of more than two hundred thousand dollars ($200,000) shall, except as otherwise provided in this article, be let to contract by formal bidding procedure.
(Amended by Stats. 2018, Ch. 169, Sec. 2. (AB 2249) Effective January 1, 2019.)
Agenda Item 17
CITY OF YUBA CITY
STAFF REPORT
Date: June 2, 2026
To: Honorable Mayor & Members of the City Council;
From: Public Works Department
Presentation By: Joshua Wolffe, Public Works Director
Summary
Subject: SB 1 Road Maintenance and Rehabilitation Account Project List 2026-27 Recommendation: Adopt a Resolution adopting a list of projects for Fiscal Year 2026-27 to be funded by Senate Bill 1: Road Repair and Accountability Act of 2017 Fiscal Impact: $1,934,740 Estimated Revenue for Fiscal Year 2026-27 Purpose:
To maintain and improve roadway conditions throughout the City.
Strategic Focus Area:
Approving the 2026-27 SB1 Project List will ensure that the City receives SB1 funding for maintaining and repairing the City’s roadways in accordance with the City’s Strategic Focus Area of improving the City’s infrastructure in a fiscally responsible manner.
Background:
On April 28, 2017, Governor Brown signed the Road Repair and Accountability Act of 2017, known as Senate Bill 1 (SB1), increasing per gallon fuel excise taxes, diesel fuel sales taxes, and vehicle registration fees with future inflationary adjustments for the purpose of addressing road maintenance, rehabilitation, and roadway safety needs. The State Controller will deposit portions of the new funding into the Road Maintenance and Rehabilitation Account (RMRA), which will be apportioned by formula to eligible cities and counties throughout the year. Funds were apportioned to cities and counties beginning in January 2018.
SB 1 emphasizes the importance of accountability and transparency in the delivery of California’s transportation programs and, therefore, requires cities and counties to provide basic RMRA project reporting to the California Transportation Commission (CTC). Per the program’s requirements, jurisdictions are required to submit a project list to the CTC with locations, schedule, and estimated useful life of the project before they can receive RMRA funds. City Council has approved previous project lists since the inception of the SB1 funding in Fiscal Year 2017-18.
Analysis:
The City is required to submit an annual proposed project list to the CTC in July of each year in order to
receive RMRA funds for the next fiscal year; once submitted, the City will continue to receive apportionments monthly. As of May 2026, the League of California Cities estimates that the City will receive approximately $1,855,009 of RMRA funds in Fiscal Year 2025-26 and $1,982,284 in Fiscal Year 2026-27. The City has received approximately $1,450,972 to-date for Fiscal Year 2025-26 in monthly apportionments.
The priority list is updated annually to meet the needs of the City in accordance with SB1 funding criteria. Per the CTC’s request, the City has limited the project list to include only projects that are planned for the next two fiscal years.
Public Works staff used the City’s pavement management program (StreetSaver), traffic volumes, existing conditions, and Council priorities to identify a list of arterial and collector streets for locations to utilize SB1 funding. The proposed project list (Attachment 2) is ranked by priority, but is not all-inclusive of the City’s needs; however, the RMRA program does not require that the projects be completed in any specific order, nor be limited to only SB1 funding.
Over the past few years, the City has been allowing the SB1 funds to build up, so that major projects, such as the Walton Avenue Improvements Project, Garden Highway Improvements Project, and the Bogue Road Widening Project may have sufficient funds.
Fiscal Impact:
At this time, the City anticipates receiving an estimated $1,940,740 in RMRA funds in Fiscal Year 2026-
27. The funds are programmed for repair, rehabilitation, or maintenance of existing roadways within the City. The Fiscal Year 2026-27 funds will be deposited into dedicated CIP Account No. 1255 (Road Maintenance and Rehabilitation Account). Currently, CIP Account No. 1255 has a balance of approximately $2,219,000.
Alternatives:
Direct staff to modify the existing project list by adding or removing projects.
Recommendation:
Adopt a Resolution adopting a list of projects for Fiscal Year 2026-27 to be funded by Senate Bill 1:
Road Repair and Accountability Act of 2017
Attachments:
1. Attachment 1 - Resolution
2. Attachment 2 - Project List
3. Attachment 3 - Location Map FY 2026-27
Prepared By: Submitted By:
Kevin Bradford
Deputy Public Works Director - Engineering
Robert Bendorf
City Manager
ATTACHMENT 1
RESOLUTION NO._______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
ADOPTING A LIST OF PROPOSED PROJECTS FOR FISCAL YEAR
2026-27 FUNDED BY SB 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1 by resolution, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City will receive an estimated $1,940,740 in RMRA funding in Fiscal Year 2026-27 from SB 1; and
WHEREAS, this is the eighth year in which the City is receiving SB 1 funding, which will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increased access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities (the project list); and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate over 230 centerline miles of road and add active transportation infrastructure throughout the City this year and hundreds of similar projects into the future; and WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “at-risk” condition and this revenue will help us increase the overall quality of our road system; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety and complete streets infrastructure and use of cutting-edge technology, materials, and practices, will have significant positive co-benefits statewide.
NOW, THEREFORE, be it Resolved by the City Council of the City of Yuba City as follows:
1. The foregoing recitals are true and correct.
2. The following list of newly proposed projects will be funded in-part or solely with fiscal year 2026-27 Road Maintenance and Rehabilitation Account Revenues:
Project Title Project Description Project Location
Estimated
Useful Life
(Years)
Project
Timeline
George
Washington
Rehabilitation
Construction Funding:
Roadway rehabilitation and
striping improvements.
State Route 20 to
Franklin Road 20-30 2027-28
3. The following previously proposed and adopted projects may utilize fiscal year 2026-27 Road Maintenance and Rehabilitation Account revenues in their delivery.
With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:
Project Title Project Description Project Location
Estimated
Useful
Life
(Years)
Originally
Listed
Project
Timeline
Walton
Avenue
Improvements
Construction
Funding: Roadway
rehabilitation, signal
upgrades, pedestrian,
and cyclist
improvements.
Sam’s Club to
Hazel Avenue 20-30 2020
November
2026 –
November
2027
Bogue Road
Improvements
Construction
Funding: Road
rehabilitation and
striping
improvements.
State Route 99 to
Railroad Avenue 20-30 2024
November
2026-
November
2027
Garden
Highway
Improvements
Construction
Funding: Roadway
rehabilitation, signal
upgrades, pedestrian,
and cyclist
improvements.
Lincoln Road to
Bogue Road 20-30 2025 2027-28
Harter
Parkway
Improvements
Construction
Funding: Roadway
rehabilitation,
pedestrian, and
cyclist improvements.
Butte House Road
to State Route 20 20-30 2025 2027-28
2025
Residential
Rehabilitation
Project
Construction
Funding: Road
rehabilitation and
striping
improvements.
Various
neighborhoods in
Yuba City: Madison
Rd area, Winslow
Dr area, Civic
Center Blvd –
10-20 2025 2026
Poole Blvd to Butte
House Rd, Louise
Ave area, Stafford
Way cul-de-sac,
Pine Way Area,
Neil Dr Area,
Western Ave Area,
E Hillcrest Ave
area, Mariner Loop
Shasta Street
Improvements
Construction
Funding: Road
rehabilitation and
striping
improvements.
Bridge Street to B
Street 20-30 2025 2028
El Margarita
Road
Improvements
Construction
Funding: Roadway
rehabilitation,
pedestrian, and
cyclist improvements.
State Route 20 to
Franklin Road 20-30 2025 2028-29
The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 2nd day of June, 2026.
AYES:
NOES:
ABSENT:
Marc Boomgaarden, Mayor
ATTEST:
Ciara Wakefield, City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP
ATTACHMENT 2
City of Yuba City
SB1 Proposed Project List FY 2025-26
Project Title Project Description Project Location
Estimated
Useful
Life
(Years)
Anticipated
Year of
Construction
2025
Residential
Rehabilitation
Project
Construction Funding: Road rehabilitation and striping
improvements.
Various neighborhoods in
Yuba City: Madison Rd area,
Winslow Dr area, Civic Center
Blvd – Poole Blvd to Butte
House Rd, Louise Ave area,
Stafford Way cul-de-sac, Pine
Way Area, Neil Dr Area,
Western Ave Area, E Hillcrest
Ave area, Mariner Loop
10-20 2026
Walton
Avenue
Improvements
Construction Funding: Roadway rehabilitation, signal
upgrades, pedestrian, and cyclist improvements. Sam’s Club to Hazel Avenue 20-30 2026-27 Bogue Road
Improvements
Construction Funding: Road rehabilitation and striping
improvements.
State Route 99 to Railroad
Avenue 20-30 2026-27
Garden
Highway
Improvements
Construction Funding: Roadway rehabilitation, signal
upgrades, pedestrian, and cyclist improvements. Lincoln Road to Bogue Road 20-30 2027-28 Harter
Parkway
Improvements
Construction Funding: Roadway rehabilitation,
pedestrian, and cyclist improvements.
Butte House Road to State
Route 20 20-30 2027-28
George
Washington
Rehabilitation
Construction Funding: Road rehabilitation and striping
improvements.
State Route 20 to Frankline
Road 20-30 2027-28
Shasta Street
Improvements
Construction Funding: Road rehabilitation and striping
improvements. Bridge Street to B Street 20-30 2028
El Margarita
Road
Improvements
Construction Funding: Roadway rehabilitation,
pedestrian, and cyclist improvements.
State Route 20 to Franklin
Road 20-30 2028-29
ATTACHMENT 3
CITY OF YUBA CITY LOCATION MAP - PROPOSED PROJECT LIST SB1 ROAD MAINTENANCE AND REHABILITATION0 3,250' 6,500' SCALE: 1" = 3,250' LINCOLN RD FRANKLIN AVE BRIDGE ST
STATE ROUTE 99
GARDEN HWY
RAILROAD AVE
WALTON AVE WALTON AVE RICHLAND RD STATE ROUTE 20 BUTTE HOUSE RD
STABLER LN
THARP RD
HARTER PKWY
BLEVIN RD HAZEL AVE LASSEN BLVD
EL MARGARITA RD BOGUE RD TRES PICOS DR PEASE RD SHASTA ST
Agenda Item 18
CITY OF YUBA CITY
STAFF REPORT
Date: June 2, 2026
To: Honorable Mayor & Members of the City Council;
From: Human Resources Department
Presentation By: Gina Rowland, Human Resources Director Summary
Subject: Status of Vacancies and Recruitment and Retention Efforts for FY 25-26 in Compliance with AB 2561
Recommendation: Receive the attached report from City staff on the status of vacancies and recruitment and retention efforts in compliance with AB 2561; and conduct a Public Hearing as required by Government Code Section 3502.3 Fiscal Impact: None
Purpose:
To comply with California law (AB2561) which requires public agencies to present the status of vacancies and recruitment and retention efforts during a public hearing before the governing board at least once per fiscal year, and prior to adoption of the final budget.
Strategic Focus Area:
Complying with AB 2561 addresses the Strategic Focus Area of Fiscal Responsibility.
Background:
Assembly Bill 2561 (“AB 2561”) amended the Meyers-Milias-Brown Act (“MMBA”) by adding Government Code Section 3502.3 and created a variety of obligations for public agencies to address the status of job vacancies. Specifically, the law requires that public agencies present the status of vacancies and recruitment and retention efforts during a public hearing before the governing board on an annual basis, prior to the adoption of the final budget. The intent of AB 2561 is to ensure that public agency operations are appropriately staffed and to introduce greater transparency in public sector staffing.
When the vacancy rate for any bargaining unit reaches or exceeds 20% of the total number of authorized full-time positions, additional obligations are required to be presented, upon request of the recognized employee organization. These include total number of job vacancies, total number of applicants for vacant positions, average number of days to complete the hiring process, and opportunities to improve compensation and other working conditions.