ORDINANCE NO. 24-O-2888

AN ORDINANCE OF THE CITY OF BEVERLY HILLS TO MODIFY RATES AND CHARGES FOR WATER AND WASTEWATER SERVICES AND FACILITIES FURNISHED BY THE CITY AND ADDING NEW SECTION 6-1-308 (WASTEWATER SERVICE CHARGES) TO ARTICLE 3 (WASTEWATER SYSTEM) OF CHAPTER 1 (CITY UTILITY SERVICES) OF TITLE 6 (UTILITIES AND FRANCHISES) OF THE BEVERLY HILLS MUNICIPAL CODE AND RENUMBERING THE REMAINING SECTIONS OF ARTICLE 3 ACCORDINGLY

THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS DOES ORDAIN AS FOLLOWS:

Section 1.   The City Council of the City of Beverly Hills hereby finds as follows:

(a)   The City Council is authorized pursuant to the California Health and Safety Code Section 5471 to prescribe, revise and collect rates and charges for water and wastewater services and facilities furnished by the City.

(b)   The City Council wishes to modify the rates and charges for water services and facilities furnished by the City (the “water service charges”) and the rates and charges for wastewater services and facilities furnished by the City (the “wastewater service charges”), as provided in Exhibit A.

(c)   The City Council identified the parcels upon which the proposed water service charges and the proposed wastewater service charges would be imposed and calculated the amount of the proposed water service charges and the proposed wastewater service charges.

(d)   The City Clerk caused a notice of the time and place of a public hearing on the proposed water service charges and proposed wastewater service charges to be mailed as required by Section 6 of Article XIIID of the California Constitution.

(e)   Each notice described the amount of proposed water service charges and proposed wastewater service charges, the basis upon which the amounts of the proposed water service charges and proposed wastewater service charges were calculated, the reason for the proposed water service charges and proposed wastewater service charges, and the date, time, and location of a public hearing on the proposed water service charges and proposed wastewater service charges.

(f)   On February 20, 2024, the City Council conducted a public hearing on the proposed water service charges and proposed wastewater charges and heard and considered all objections and protests thereto. At the close of the public hearing, the City Council determined that written protests against the proposed water service charges representing a majority of the parcels that receive water service had not been presented and that written protests against the proposed wastewater service charges representing a majority of the parcels that receive wastewater services had not been presented, meaning there was no majority protest against the proposed water service charges or proposed wastewater service charges.

Section 2.   The City Council hereby approves the water service charges and the wastewater service charges in the amounts and on the effective dates as provided in Exhibit A.  The water service charges are subject to automatic adjustments for an additional five (5) years beginning on the effective date of this Ordinance that pass through to the water customers increases in wholesale water charges for purchasing water from the Metropolitan Water District if the wholesale charges for purchasing water are higher than the adopted budgeted costs. In addition, the Water Shortage Revenue Stabilization Factors set forth in Exhibit A, although not currently used, are approved for use (if needed) for an additional five (5) years beginning on the effective date of this Ordinance.

Section 3.   The City Council hereby adds new Section 6-1-308 (Wastewater Service Charges) to Article 3 (Wastewater System) of Chapter 1 (City Utility Services) of Title 6 (Utilities and Franchises) of the Beverly Hills Municipal Code to read as follows and renumbers the remaining sections of Article 3 accordingly:

“Section 6-1-308: Wastewater Service Charges

A.   There is imposed a wastewater service charge for the receiving, transportation, pumping, treatment and disposal of wastewater through the wastewater system, and capital replacement costs pertaining thereto.

B.   The wastewater service charge shall be charged to residential, commercial, governmental, industrial and other users of the wastewater system pursuant to article 1, “General Provisions Relating to City Utility Service” of this chapter. It shall have the following components as follows:

1.   A fixed rate component, which shall be based on a user class to recover the City’s fixed costs of service to that particular user class.

2.   A variable rate component, which shall be based on estimated volume discharge of wastewater as determined by metered water usage and adopted discharge factors to recover the City’s variable or flow related cost of service.

3.    Wastewater strength component of low, medium, or high wastewater strength, shall be applied to commercial and industrial users. The strength component shall be based on the actual or estimated sewage strength using Biological Oxygen Demand (BOD) and Total Suspended Solids (TSS) criteria, and generally intended to recover the City’s variable costs of collecting, transporting, pumping, treating and disposing of wastewater which exceeds residential strength. Classification of wastewater strength by commercial or industrial users are referenced below.

a.   Low Strength (Range – BOD/TSS:  0 to 250 mg/L (ppm))

Banks & Financial Institutions

Barber Shops/Hair Salons (Hair Cutting Only)

Post Offices/Government

Retail Stores

Libraries

Schools

Religious Buildings, Halls & Lodges

Offices (Business and Professional)

b.   Medium Strength (Range – BOD/TSS: 251 to 600 mg/L (ppm))

Bars & Taverns (w/o Dining)

Appliance Repair

Barber Shops/Hair Salons (Haircutting w/Add’l Treatments)

Dry Cleaners

Nail Salons

Pet Groomers

Commercial Laundromats

Tasting Rooms

Medical Offices/Hospitals (General, Cosmetic, Dental, Convalescent & Veterinarian)

Hotels, Motels, or Bed & Breakfast

Pools with Restrooms (Clubhouse) Theaters

Warehouses

Car Washes

Gym or Health Club

Service Stations, Garages, Auto Repair Shops

Car Rental/Car Service

Mini Marts (w/o Dish Washer or Garbage Disposal)

Mini Mart with Gas Pumps – (w/o Dish Washer or Garbage Disposal)

Spa 

c.   High Strength (Range –BOD/TSS: over 600 mg/L (ppm))

Restaurants

Coffee Shops

Ice Cream Parlors

Catering

Eatery

Juice Bars

Bakeries

Butcher Shops 

Bars & Taverns (w/ Dining)

Grocery Stores or Markets 

Mini Marts (w/ Dish Washer or Garbage Disposal)

Delicatessens

4.   Commercial or industrial users may request to evaluate their wastewater strength for appropriate classification.  The Director of Public Works, or his or her designated representative, shall evaluate the user’s wastewater strength by using Section 6-1-308 (B)(3) user classification and/or estimated return to the wastewater system by the types of commercial or industrial users in the customer’s premise.

5.   The wastewater service charges shall be computed at the rates established from time to time pursuant to article 1, “General Provisions Relating to City Utility Service” of this chapter.

6.   No wastewater service charge shall be made to any appurtenance, improvement, building, lot or property where there is no connection to discharge to the wastewater system.

7. No wastewater service charge shall be made to water use metered by an irrigation meter where none of the water use is discharged to the wastewater system.

8.   The Director of Public Works, or his or her designated representative, shall have the power and duty, and is directed to enforce all the provisions of this Section 6-1-308, and shall provide such rules and regulations as are consistent with the provisions of said section and may be necessary or desirable to aid in the administration, adjustment and enforcement of said section.”

Section 4.   The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage, in accordance with Section 36933 of the Government Code; shall certify to the adoption of this Ordinance and shall cause this ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.

Section 5.   This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

Adopted: March 11, 2024

Effective: April 11, 2024

JULIAN A. GOLD, M.D.
Mayor of the City of Beverly Hills, California

ATTEST:

                (SEAL)

HUMA AHMED

City Clerk

APPROVED AS TO FORM:            APPROVED AS TO CONTENT:

LAURENCE S. WIENER            NANCY HUNT-COFFEY

City Attorney                  City Manager

JEFF S. MUIR

Director of Finance

EXHIBIT A

1.    Water Rates and Charges

A.   Bi-Monthly Fixed Service Charges

B.   Bi-Monthly Quantity Charge Rates

C.   Water Shortage Revenue Stabilization Factors

2.   Wastewater Rates and Charges

A.   Bi-Monthly Fixed Service Charge and Quantity Charge Rates

Note: Customers with an irrigation meter will be charged 100% of their water use for the domestic meter.