ORDINANCE NO. 3862

ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING CERTAIN SECTIONS OF CHAPTER 14-04 (WATER SERVICE) OF THE SANTA ROSA CITY CODE TO CLARIFY THE DEFINITION OF THE RECYCLED WATER SYSTEM AND TO ADD PROVISIONS FOR RECYCLED WATER USERS WITHIN THE URBAN GROWTH BOUNDARY CURRENTLY SERVED BY THE CITY

THE PEOPLE OF THE CITY OF SANTA ROSA DO ENACT AS FOLLOWS:

Section 1 Section 14-04.010 of the Santa Rosa City Code is amended to read as follows:

“14-04.010 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section.

(A)
“Board of Public Utilities” means that Board appointed and acting under Sections 25 and 26 of the Charter of the City of Santa Rosa.
(B)
“Charge” or “rate” means the amount of money to be paid by the person liable to the City for potable or recycled water, services or materials and served by the potable water system or recycled water system.
(C)
“Customer” or “Consumer” means any persons having a connection into the potable water system or recycled water system owned and operated by the City.
(D) “Monthly” means occurring once a month.
(E)
“Permanent water service” means the installation of a permanent (non-temporary) City water meter by City forces in an approved water meter box accompanied by a request to the City by the property owner, agent, or tenant to establish a permanent connection for service by the potable water system or recycled water system.
(F)
“Potable water system” means the system of pipelines, pump stations and appurtences which is owned and operated by the City and which delivers water for human consumption.
(G)
“Recycled water system” means the system of pipelines, pump stations and appurtences which is owned and operated by the City and which delivers, for approved uses, non-potable tertiary treated recycled water as defined by state law and within the Recycled Water Project Area as defined in Section 14-25 of the City Code.
(H)
“Service charge” means the charge to be paid by persons liable for each and every connection to and/or use of the City recycled and/or potable water system, irrespective of whether or not water is delivered through such connection to such person during the period for which such charge is made.
(I)
“Service or water service” means a connection through which potable or recycled water is supplied or is available to a person from and out of the potable or recycled water system owned and operated by the City.
(J)
“Service lateral” means that portion of the potable or recycled water system which extends from the City water main to the coupling immediately beyond the meter box on the consumer’s premises.”

Ord. No. ___________ Page 1 of 3

Section 2. Section 14-04.095 is added to the Santa Rosa City Code to read as follows:

14-04.095 Rates for recycled water customers served by the City prior to January 1, 2008

Customers served by the recycled water system as of January 1, 2008, under contract between the customer and the City will continue to have recycled water rates as determined by the contract under which the customer receives recycled water from the City as of January 1, 2008, for the remainder of the term of the contract.

Customers served by the recycled water system as of January 1, 2008, under a contract between the customer and the City which term expires after January 1, 2008, but before January 1, 2013, and who continue as customers of the recycled water system after the expiration of the contract may, subject to all other terms and conditions regarding recycled water service, receive recycled water at the rates defined in this section through December 31, 2012. Beginning January 1, 2013, the rates set forth in Sections 14-04.090 and 14-08.010 of this chapter, or as amended, will apply.

Customers served by the recycled water system as of January 1, 2008, under operating provisions in place between the customer and the City, will continue to have recycled water rates determined under said operating provisions through December 31, 2009. Effective January 1, 2010, customers served by the recycled water system as of January 1, 2008, under operating provisions in place between the customer and the City and who continue as customers of the recycled water system after January 1, 2010, may, subject to all other terms and conditions regarding recycled water service, receive recycled water at the rates defined in this section through December 31, 2012. Beginning January 1, 2013, the rates set forth in Sections 14-04.090 and 14-08.010 of the chapter, or as amended, will apply.

Year User Charge Fixed Monthly Service Charges
2010 25% of recycled water rate recycled water rate defined in section
defined in section 14-08.010 14-04.090

2011 50% of recycled water rate recycled water rate defined in section defined in section 14-08.010 14-04.090

2012 75% of recycled water rate recycled water rate defined in section defined in section 14-08.010 14-04.090

Beginning January 1, 2013, all recycled water rates will be in accordance with Sections 14-04.090 and 14-08.010 of this chapter, or as amended.”

Ord. No. ___________ Page 2 of 3 Section 3. Environmental Determination. The Council finds that the adoption and implementation of this ordinance is exempt from the provisions of the California Environmental Quality Act in that the Council finds there is no possibility that the implementation of this ordinance may have a significant effect on the environment.

Section 4. Severability. If any section, subsection, sentence, clause, phrase, or word of this ordinance is for any reason held to be invalid, the validity of the remaining portions of this ordinance shall not be affected.

Section 5. Effective Date. This ordinance shall take effect on the 31st day following its adoption.

COUNCIL DULY PASSED AND ADOPTED this 11th day of March, 2008.

AYES: (7) Mayor Blanchard; Councilmembers Sawyer, Bender, Dean, Gorin, Jacobi, Pierce
NOES: (0)
ABSENT: (0)
ABSTAIN: (0)
ATTEST: Susan Stoneman, City Clerk APPROVED: Bob Blanchard, Mayor

APPROVED AS TO FORM:
Brien Farrell, City Attorney

Ord. No. ___________ Page 3 of 3