Chapter 13.12
WATER RATES AND CHARGES
Sections:
13.12.010 General water service rates.
13.12.014 Expiration of drought penalty.
13.12.010 General water service rates.
A. The rates and charges for water furnished through water meters and any service charge therefor shall be established, and may be amended or revised, from time to time, by resolution of the city council. Such rates and charges shall constitute the charges for supplying water service to any customer and shall be collected by the finance department of the city.
B. Low-Income Discount.
1. To be eligible for the low-income discount, a resident must:
a. Provide low-income verification by providing a copy of a recent PG&E bill noting participation in the PG&E CARE (California Alternate Rates for Energy) program. (Current income guidelines can be found at www.PGE.com/CARE); and
b. Every two years, apply in person in the finance department or designated location.
2. The discount is applicable to residential water service only and will only be applied to rates for general water service.
3. Mobile home parks where the mobile home spaces share common meters may apply for the low-income discount if at least 75 percent of the tenants qualify and the mobile home park owner or designee applies in person at the finance department every two years.
4. The low-income discount shall be established, and may be amended or revised, from time to time, by resolution of the city council.
C. Refund of Charges.
1. Whenever the amount of any water service charge has been overpaid, or paid more than once, or has been erroneously or illegally collected or received by the city, it may be refunded as provided in this section.
2. The claimant or his or her guardian, conservator, executor or administrator must submit a written application to the city’s public works director within six months of the alleged overpayment or erroneous or illegal collection. The application must clearly establish claimant’s right to the refund by written records.
3. Upon receipt of the claim, the city’s public works director will evaluate the request and provide a written evaluation of his or her analysis, including any refund due, within 60 days.
4. Any customer aggrieved by the public works director’s decision with respect to its refund request may appeal to the city manager by filing a notice of appeal with the city clerk, within 15 days of the decision. The city manager will render a written decision within 60 days of the filing of the appeal. The findings of the city manager shall be final. Any amount found to be due shall be immediately due and payable upon the service of notice. (Ord. 21-10 § 1; Ord. 16-05 § 1; Ord. 12-08 § 1; Ord. 00-4; Ord. 96-9 N.S.; Ord. 95-11 N.S.; Ord. 93-15 N.S. § 1, 1993; Ord. 89-4 N.S. § 1, 1989; Ord. 88-16 N.S., 1988; Ord. 87-23 N.S.; Ord. 82-9 N.S. § 1, 1982; Ord. 82-4 N.S. § 1, 1982; Ord. 77-10 N.S. § 1, 1977; Ord. 76-8 N.S. § 1, 1976; prior code § 14-131).
13.12.012 Drought penalty.
There shall be added to the general water service rates prescribed in BMC 13.12.010 a drought penalty as provided in Chapter 13.35 BMC. The drought penalty added herein shall be based upon the water used in excess of that permitted by the conservation stage in effect, as defined by and subject to the exceptions prescribed by Chapter 13.35 BMC. The drought penalty shall be at the rates set out by BMC 13.35.090(C). (Ord. 16-05 § 2; Ord. 12-08 § 1; Ord. 91-3 N.S. § 1, 1991).
13.12.014 Expiration of drought penalty.
The drought penalty added to the general water service rates by BMC 13.12.012 and Chapter 13.35 BMC shall terminate upon resolution adopted by the city council. (Ord. 16-05 § 3; Ord. 12-08 § 1; Ord. 91-3 N.S. § 2, 1991).
13.12.020 Automatic fire sprinkler and private fire hydrant rates.
Repealed by Ord. 16-05. (Ord. 12-08 § 1; Ord. 88-16 N.S., 1988; Ord. 87-23 N.S.; prior code § 14-132).
13.12.030 Untreated water service.
Repealed by Ord. 16-05. (Ord. 12-08 § 1; Ord. 00-4; Ord. 96-9 N.S.; Ord. 95-11 N.S.; Ord. 93-15 N.S. § 3, 1993; Ord. 88-16 N.S. § 3, 1988; Ord. 87-23 N.S. § 3, 1987; prior code § 14-133).
13.12.040 Exemptions.
An applicant for water service shall pay each of the charges set forth in BMC 13.12.050 through 13.12.070 except where specifically exempt; however, no applicant is required to pay service installation charges or meter installation charges if the applicant performs the work covered by these charges. (Ord. 12-08 § 1; prior code § 14-141).
13.12.050 Water capacity fee.
An applicant for new or expanded water service shall pay a water capacity charge as follows:
A. Findings and Intent. The city council hereby finds and declares that:
1. New connections to the city’s water system cost the city resources that, without the collection of capacity fees, are funded by the city for the benefit of solely the owner of the new connection. The purpose of this section is to recover the costs of current and future facilities and assets needed to provide water capacity to new or expanded service connections to the city’s water system.
2. It is the city’s intent and desire (General Plan Goal 2.36) to recover the costs of new or expanded water service connections.
3. The imposition of capacity fees is one of the customary methods of ensuring that new connections to the city’s utility systems bear a proportionate cost of the resources necessary to provide capacity for the new connection.
4. The provisions of this section are enacted pursuant to the city of Benicia general plan and Section 66013 of the California Government Code.
B. Purpose of Water Capacity Fees. The purpose of the water capacity fees is to fund a proportionate share of the costs of existing and future water system facilities and assets that are reasonably necessary to provide water capacity for new development. For the purpose of this section, “new development” means all new building construction, conversion to a new use, or additional use within an existing building that creates a need for additional water capacity.
C. Establishment of Water Capacity Fee. Except as otherwise provided in this chapter, persons applying for new or expanded water service shall pay a water capacity fee in an amount established by resolution of the city council in accordance with a nexus study that demonstrates that the fees do not exceed the estimated reasonable cost of providing the service for which the fees are imposed.
D. Increased Water Service. An applicant for increased water service capacity over and above the existing service at a property shall pay a capacity fee in an amount set by city council resolution.
E. Determination of Required Fees.
1. The public works director, or the director’s designee, shall be responsible for determining the fees required by this section. This determination shall be made at the time of application for increased water service.
2. The water capacity fee may be modified automatically on an annual basis in accordance with the change in the Engineering News Record (“ENR”) construction cost index for the San Francisco area. This adjustment shall not require any action of the city council.
F. Payment of Fee.
1. Capacity charges for new or increased water service shall be paid at the time of application for such new or increased service.
2. The person required by this chapter to pay a water capacity fee may apply for a fee deferral. The application shall be reviewed and considered by the public works director, and shall be granted if the applicant’s project meets the criteria for fee deferral established by city council resolution.
3. If new development changes or intensifies the existing use on the project site, thereby requiring the payment of a new or additional water capacity fee, the fee amount associated with the existing use on the project site shall be credited against the new total fee due, as determined by the public works director; provided, however, that in no event shall the city refund the fees previously paid.
G. Water Capacity Fee Fund. The revenues from the water capacity fee shall be deposited in a segregated water capacity fee fund for the purpose of funding public facilities reasonably necessary to provide water capacity service to new or expanded connections to the city’s water system.
H. Fee Adjustments.
1. Any person subject to a fee required by this chapter may apply to the public works director for a reduction, adjustment or waiver of that fee based upon the absence of a reasonable relationship between the impact of that applicant’s residential development project on water capacity in the city’s water system and the amount of the fee charged.
a. Application. An applicant shall file a written request to adjust fees with the public works director not later than 10 days after the city notifies the developer of the amount of the fee to be charged. Additional time, as determined by the public works director, will be allowed when significant additional information is required of the developer. The application shall provide evidence illustrating that the payment of the fee authorized by this section and imposed by implementing resolution bears no reasonable relationship or nexus with the impact of the development on the need for water capacity in the city’s water system and shall state in detail the factual basis for the request for reduction, adjustment or waiver. If an applicant desires to obtain the new or increased water connection prior to completion of the appeal process, the applicant shall deposit the fee being appealed with the application. Such fee or portion thereof will be refunded if the appeal is successful.
b. Decision of the Public Works Director. The public works director shall issue a decision on the application within 30 days after the application is filed with the public works department. The public works director’s decision shall state his or her determination regarding the amount of the water capacity fee that may reasonably be imposed on the new development and include a brief description of the basis for the director’s decision.
c. Appeal of the Decision of the Public Works Director. Decisions of the public works director may be appealed to the city manager. Appeals must be filed within 10 days of the public works director’s decision. The city manager shall review the application and evidence presented to the public works director and issue a decision within 15 days.
I. Fee Credits for Improvements Extra to the Project. An applicant for additional water service may be entitled to a reduction in the amount of the water capacity fees required by this chapter, in an amount to be determined by the public works director, if that person’s development project was required to construct specific water system improvements which are extra to the project. The public works director’s determination of the amount of reduction required pursuant to this section shall be based upon the developer’s actual costs reasonably incurred for the construction of the water improvements. (Ord. 21-01 § 4 (Att. 4)).
13.12.070 Meter charges.
A. An applicant for water service installation shall pay a meter installation charge set by resolution of the city council.
B. The fee for water meters shall be set by resolution of the city council. (Ord. 16-05 § 6; Ord. 12-08 § 1; Ord. 77-10 N.S. § 4, 1977; Ord. 76-8 N.S. § 4, 1976; prior code § 14-144).