HomeMy WebLinkAboutRequest for Approval to Suspend Water Shutoffs to Residentia City of Huntington Beach
File #: 20-1545 MEETING DATE: 3/31/2020
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Dahle Bulosan, Chief Financial Officer
Subiect:
Request for approval to suspend Water Shutoffs to Residential and Business Customers in
Response to COVID-19 by adopting Resolution No. 2020-17
Statement of Issue:
In response to the economic effects of the COVID-19 pandemic, formal City Council approval is
requested to authorize the temporary suspension of water shutoffs, penalties and/or late fees to
residential and business customers until May 31, 2020, unless extended by the Governor's orders,
and to authorize staff to develop a no-interest payment deferral option for customers financially
impacted by the COVID-19 situation.
Financial Impact:
While it is difficult to precisely estimate the revenue impact from a temporary suspension of water
shutoffs for residential and business customers until May 31, 2020, initial analysis conducted by staff
indicates a probable 10% delinquency rate, which would result in a $322,500 financial impact on
various funds - Water Fund ($259,500), Water Master Plan ($4,000), Sewer Fund ($14,000), Refuse
Fund ($30,000), and General Fund ($15,000). Of note, the utility bills less late fees are still
considered an obligation that will need to be paid over time, and customers who request a payment
deferral plan will be allowed a no-interest repayment plan that lasts up to two (2) years.
Recommended Action:
Adopt Resolution 2020-17, "A Resolution of the City Council of the City of Huntington Beach
Establishing City Policy on Termination of Residential and Business Water Service in Response to
COVID-19."
Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
The City of Huntington Beach (City) provides water service to over 45,000 single-family residential
customers, 4,600 multi-family residential customers, and 2,600 business customers in compliance to
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File #: 20-1545 MEETING DATE: 3/31/2020
Chapter 14.12 of the Huntington Beach Municipal Code.
The COVID-19 pandemic has caused tremendous impacts to the global and local economy. In
response, Governor Gavin Newsom on March 16, 2020, issued an executive order (see Attachment
2) to protect renters and homeowners during this crisis. Many Californians are experiencing a
substantial loss of hours or wages, as well as layoffs, related to COVID-19, impacting their ability to
keep up with their rents, mortgages, and utility bills. The Governor's order authorizes local
governments to protect Californians affected by COVID-19 by suspending utility shutoffs to May 31,
2020, unless extended.
The Governor's order also requested that the California Utilities Commission monitor measures
undertaken by public and private utility providers to implement customer service protections for
critical utilities, including electric, gas, water, internet, landline telephone, and cell phone service on a
weekly basis. The Governor strongly encouraged cities and counties to take up this authority to
protect Californians. Although the order does not relieve the obligation to pay the utility bill or restrict
the City from recovering the amount due, it allows Californians temporary financial relief during these
difficult times.
In order to comply with the Governor's order, staff recommends that Council approve a policy to
suspend water shutoffs and waive late fees to residential and business customers in response to
COVID-19 until May 31, 2020, unless extended by the Governor's orders. This policy may also be
extended by the City Manager if the COVID-19 pandemic or its effects go past May 31, 2020. In no
event will this policy extend beyond August 31, 2020, without approval of City Council. After the
temporary suspension of water shutoffs is over, the City will provide reasonable no-interest
repayment arrangement options for the customer for a period not to exceed two years. Obligations
incurred subsequent to May 31, 2020, or the Governor's extended date will not be eligible for a
payment plan unless subject to the City Policy on Termination of Residential Water Service
Resolution 2019-88 (Attachment 3).
Environmental Status:
Not Applicable.
Strategic Plan Goal:
Enhance and maintain high quality City services
Improve Quality of Life
Attachment(s):
1. Resolution 2020-17, "A Resolution of the City Council of the City of Huntington Beach
Establishing City Policy on Termination of Residential and Business Water Service in
Response to COVID-19"
2. Governor Gavin Newsom Executive Order N-28-20 to Protect Renters and Homeowners
During COVID-19 Pandemic
3. Resolution No. 2019-88 "A Resolution of the City Council of the City of Huntington Beach
Establishing City Policy on Termination of Residential Water Service"
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File #: 20-1545 MEETING DATE: 3/31/2020
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RESOLUTION NO. 2020-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
ESTABLISHING CITY POLICY ON TERMINATION
OF RESIDENTIAL AND BUSINESS WATER SERVICE IN RESPONSE TO COVID-19
WHEREAS, Chapter 14.12 of the Huntington Beach Municipal Code ("HBMC")
establishes the authority for setting and collecting rates and charges for residential and business
(commercial or industrial) water service; and
HBMC Section 14.12.120 provides that all Municipal Services Bills for water services
are due upon presentation,and are delinquent thirty (30) days following presentation of the Bill
or after the due date on the Statement, whichever is earlier. Further, HBMC Section
14.120.10(A) provides that the City charge all delinquent accounts a late fee as set by City
Council Resolution. Section 14.12.120(B) adds that delinquent municipal service accounts shall
be shut off until all outstanding Municipal Service Bills, fees, utility taxes and penalties have
been paid; and
The City of Huntington Beach(City) provides water service to over 45,000 single family
residential customers, 4,600 multi-family residential customers, and 2,600 business customers in
pursuant to Chapter 14.12 of the Huntington Beach Municipal Code.
COVID-19 pandemic has cause tremendous negative impacts to the global and local
economies. In response, on March 16, 2020 the Governor issued Executive Order N-28-20 that
in part, authorizes local governments to suspend water shutoffs for customers with unpaid utility
bills until May 31, 2020, or longer if the Order is extended. The Order does not relieve the
customer's obligation to pay the utility bill or restrict the City from recovering the amount due.
The temporary suspension of water shutoffs to residential and business customers in
response to COVID-19 until May 31, 2020,will protect the health, safety and welfare of the
citizens of Huntington Beach.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
SECTION 1. The City Council of the City of Huntington Beach adopts the following
policy regarding the termination of residential and business water service:
In order to comply with the Governor's Order N-28-20,the City will temporarily suspend
water shutoffs,penalties and/or late fees associated with non-payment until May 31, 2020, to
residential and business customers for failure to pay water bills because of demonstrated
hardships caused by the COVID-19 pandemic. Water customers wishing to prevent their water
shutoff shall comply with the provisions of Resolution 2019-88 with regard to demonstrating
hardship. City Council delegates authority to the City Manager to extend this policy if the
RESOLUTION NO. 2020-17
COVID-19 pandemic or its effects go past May 31, 2020. In no event will this policy extend
beyond August 31, 2020 without approval of City Council. City Council further delegates to the
City Manager the authority to provide a program to for the repayment of past due water bills for
residential or business customers who are unable to pay their utility bill during the duration of
this Resolution. The repayment plan will not exceed two years.
SECTION 2. If any action, subsection, sentence, clause or phrase of this Resolution shall
be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not
affect the validity of the remaining portions of this Resolution, the, or other attachments thereto
or fees levied by this Resolution.
SECTION 3. This Resolution shall take effect immediately and apply retroactively to
March 16, 2020.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 31st day of March , 2020.
M or
VI AN AP=R��,VED: INITIATED AND APPROVED:
i y Manager Chief Financial Officer
APP O ED AS TO FORM:
City Attorney
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20-8585/228053
Res. No. 2020-17
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on March 31, 2020 by the following vote:
AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden
NOES: None
ABSENT: None
RECUSE: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-28-20
WHEREAS on March 4, 2020, 1 proclaimed a State of Emergency to
exist in California as a result of the threat of COVID-19; and
WHEREAS despite sustained efforts, the virus remains a threat, and
further efforts to control the spread of the virus to reduce and minimize the
risk of infection and otherwise mitigate the effects of COVID-19 are
needed; and
WHEREAS the economic impacts of COVID-19, have been
significant, and could threaten to undermine Californians' housing security
and the stability of California businesses; and
WHEREAS many Californians are experiencing substantial losses of
income as a result of business closures,the loss of hours or wages, or
layoffs related to COVID-19, hindering their ability to keep up with their
rents, mortgages, and utility bills; and
WHEREAS Californians who are most vulnerable to COVID-19, those
65 years and older, and those with underlying health issues, are advised to
self-quarantine, self-isolate, or otherwise remain in their homes to reduce
the transmission of COVID-19; and
WHEREAS because homelessness can exacerbate vulnerability to
COVID-19, California must take measures to preserve and increase
housing security for Californians to protect public health; and
WHEREAS local jurisdictions, based on their particular needs, may
therefore determine that additional measures to promote housing security
and stability are necessary to protect public health or to mitigate the
economic impacts of COVID-19; and
WHEREAS local jurisdictions may also determine, based on their
particular needs, that promoting stability amongst commercial tenancies
is also conducive to public health, such as by allowing commercial
establishments to decide whether and how to remain open based on
public health concerns rather than economic pressures, or to mitigate the
economic impacts of COVID-19, and
WHEREAS in addition to these public health benefits, state and local
policies to promote social distancing, self-quarantine, and self-isolation
require that people be able to access basic utilities—including water, gas,
electricity, and telecommunications—at their homes, so that Californians
can work from home, receive public health information, and otherwise
adhere to policies of social distancing, self-quarantine,and self-isolation, if
needed; and
10
WHEREAS many utility providers, public and private, covering
electricity, gas,water, and sewer, have voluntarily announced
moratoriums on service disconnections and late fees for non-payment in
response to COVID-19; and
WHEREAS many telecommunication companies, including internet
and cell phone providers, have voluntarily announced moratoriums on
service disconnections and late fees for non-payment in response to
COVID-19;
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of
California, in accordance with the authority vested in me by the State
Constitution and statutes of the State of California, and in particular,
Government Code sections 8567 and 8571, do hereby issue the following
order to become effective immediately:
IT IS HEREBY ORDERED THAT:
1) The time limitation set forth in Penal Code section 396, subdivision
(f), concerning protections against residential eviction, is hereby
waived. Those protections shall be in effect through May 31, 2020.
2) Any provision of state law that would preempt or otherwise restrict a
local government's exercise of its police power to impose
substantive limitations on residential or commercial evictions as
described in subparagraphs (i) and (ii) below—including, but not
limited to, any such provision of Civil Code sections 1940 et seq. or
1954.25 et seq.is hereby suspended to the extent that it would
preempt or otherwise restrict such exercise. This paragraph 2 shall
only apply to the imposition of limitations on evictions when:
(i) The basis for the eviction is nonpayment of rent, or a
foreclosure, arising out of a substantial decrease in
household or business income (including, but not
limited to, a substantial decrease in household
income caused by layoffs or a reduction in the
number of compensable hours of work, or a
substantial decrease in business income caused by
a reduction in opening hours or consumer demand),
or substantial out-of-pocket medical expenses; and
(1i) The decrease in household or business income or
the out-of-pocket medical expenses described in
subparagraph (i) was caused by the COVID-19
pandemic, or by any local,state, or federal
government response to COVID-19, and is
documented.
The statutory cause of action for judicial foreclosure, Code of Civil
Procedure section 725a et seq.; the statutory cause of action for
unlawful detainer, Code of Civil Procedure section 1161 et seq., and
any other statutory cause of action that could be used to evict or
otherwise eject a residential or commercial tenant or occupant of
residential real property after foreclosure is suspended only as
applied to any tenancy, or residential real property and any
J, 11
occupation thereof, to which a local government has imposed a
limitation on eviction pursuant to this paragraph 2, and only to the
extent of the limitation imposed by the local government.
Nothing in this Order shall relieve a tenant of the obligation to pay
rent, nor restrict a landlord's ability to recover rent due.
The protections in this paragraph 2 shall be in effect through May
31, 2020, unless extended.
3) All public housing authorities are requested to extend deadlines for
housing assistance recipients or applicants to deliver records or
documents related to their eligibility for programs, to the extent that
those deadlines are within the discretion of the housing authority.
4) The Department of Business Oversight, in consultation with the
Business, Consumer Services, and Housing Agency, shall engage
with financial institutions to identify tools to be used to afford
Californians relief from the threat of residential foreclosure and
displacement, and to otherwise promote housing security and
stability during this state of emergency, in furtherance of the
objectives of this Order.
5) Financial institutions holding home or commercial mortgages,
including banks, credit unions, government-sponsored enterprises,
and institutional investors,are requested to implement an
immediate moratorium on foreclosures and related evictions when
the foreclosure or foreclosure-related eviction arises out of a
substantial decrease in household or business income, or substantial
out-of-pocket medical expenses,which were caused by the
COVID-19 pandemic, or by any local, state, or federal government
response to COVID-19.
b) The California Public Utilities Commission is requested to monitor
measures undertaken by public and private utility providers to
implement customer service protections for critical utilities, including
but not limited to electric,gas,water, internet, landline telephone,
and cell phone service, in response to COVID-19, and on a weekly
basis publicly report these measures.
Nothing in this Order shall be construed to invalidate any limitation
on eviction enacted by a local jurisdiction between March 4, 2020 and
this date.
Nothing in this Order shall in any way restrict state or local authority
to order any quarantine, isolation, or other public health measure that
may compel an individual to remain physically present in a particular
residential real property.
This Order is not intended to, and does not, create any rights or
benefits, substantive or procedural, enforceable at law or in equity,
against the State of California, its agencies, departments, entities, officers,
employees, or any other person.
12
I FURTHER DIRECT that as soon as hereafter possible, this
proclamation be filed in the Office of the Secretary of State and that
widespread publicity and notice be given of this Order.
IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 16th day
of March 2020.
VIN NEW OM
---�-4vernor of California
ATTEST:
ALEX PADILLA
Secretary of State
13
RESOLUTION NO. 2019-88
A RESOLUTION OF.THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
ESTABLISHING CITY POLICY ON TERMINATION
OF RESIDENTIAL WATER SERVICE
WHEREAS, Chapter 14.12 of the Huntington Beach Municipal Code ("HBMC")
establishes the authority for setting and collecting rates and charges for residential water service;
and
HBMC Section 14.12.120 provides that all Municipal Services Bills for water services
are due upon presentation, and are delinquent thirty (30) days following presentation of the Bill
or after the due date on the Statement, whichever is earlier. Further, HBMC Section
14.120.10(A) provides that the City charge all delinquent accounts a late fee as set by City
Council Resolution. Section 14.12.120(B) adds that delinquent municipal service accounts shall
be shut off until all outstanding Municipal Service Bills, fees, utility taxes and penalties have
been paid; and
Public Utilities Code Sections 10001 through 10016, together with the Water Shutoff
Protection Act at Health & Safety Code Sections 116900 through 116926, establish minimum
procedures for municipal water providers to follow before terminating residential water service
for failure to timely pay for water service. In particular, Health& Safety Code Sections 11906
and 116908 require that the City adopt and post on the City web site a written policy on
termination of residential water service for nonpayment. The policy may authorize the use of
payment plans to permit continuation of water service until the delinquent amount is repaid
within one year;
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
Section 1. The City Council of the City of Huntington Beach adopts the following policy
on the termination of residential water service.
CITY OF HUNTINGTON BEACH POLICY ON
TERMINATION OF RESIDENTIAL WATER SERVICE
1. Application of Policy. This Policy on Termination of Residential Water Service
(this "Policy") shall apply to all City residential Municipal Service Accounts for water service,
but shall not apply to any accounts for non-residential water service. To the extent this Policy
conflicts with any other rules, regulations, or policies of the City, this Policy shall control, except
in the case of a conflict with a City Ordinance, the Ordinance shall control.
2. Contact Information. For questions or assistance regarding a customer's
Municipal Services Bill, the City's Customer Service staff can be reached at (714) 536-5919
Monday through Friday, from 8:30 am to 4:00 pm except on City holidays. Customers may also
visit the City's Customer Service desk at City Hall, 2000 Main Street, Huntington Beach, CA,
Monday through Friday, from 8:00 am to 5:00 pm, except on City holidays.
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RESOLUTION NO. 2019-88
3. Deposit for Establishment and Reestablishment of Municipal Service.
A. Deposits for municipal services are established by the City Master Fee and
Charges Resolution.
B. The City does not require that a customer establish credit worthiness to open a
new residential municipal services account. In order to establish a new residential municipal
service account, the customer shall pay the required deposit pursuant to the City's Master Fee
and Charges Schedule.
C. The City will waive Deposits at time of the account opening for single-family
resident accounts, with a letter of credit from their previous gas, water or electric company. The
letter of credit must demonstrate the customer had service for the past twelve (12) consecutive
months with no more than one (1) late payment. Deposits are refunded for established single-
family resident accounts after one (1) year of service with no more than one (1) late payment.
4. Billing Procedures. Water service is incorporated into the Municipal Service
Bill. The Municipal Service Bill incorporates fees and charges for water, refuse, sewer,
irrigation and fire service. Municipal Service Bills are issued approximately every thirty (30)
days. All Municipal Service Bills are due and payable twenty-eight (28) days after the date on
the Bill. Any Municipal Service Bill not paid in full within thirty (30) days of the date on the
Bill is delinquent.
5. Termination of Water Service for Nonpayment. If a Municipal Services Bill is
delinquent for at least sixty (60) days, the City may terminate water service to the service
address, provided that water service shall not be terminated in the circumstances set forth in
Section 10.
6. Termination of Water Service— Step 1: Written Notice to Customer of
Record; Past Due Notice. Immediately following thirty (30) days after the date on any
delinquent Municipal Service Bill, the City will provide a mailed notice to the Customer of
Record containing the following information:
A. The name and address of the customer.
B. The past due amount of the Municipal Service Bill.
C. The date by which payment shall be made to avoid additional fees.
D. The telephone number where the customer may receive additional information from
the City.
7. Termination of Water Service - Step 2: Posted Notice of Termination of
Water Service.
A. At least fifteen (15) days before termination of water service, the City will post a
"Notice of Imminent Termination of Residential Service" and a copy of this Policy in a
conspicuous place at the service address. The Notice will include:
1. The name and address of the customer.
2. The past due amount of the Municipal Bill.
3. The date at least fifteen (15) days after the posting by which payment must be
made to avoid termination of water service.
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RESOLUTION NO. 2019-88
4. The description of the process to apply for an Amortization Agreement.
5. The opportunity for residential occupants who are tenants of a landlord to assume
responsibility for paying the Municipal Service Bill without paying the delinquent
amount pursuant to Section 16 of the City Water Policy.
6. The telephone number where the customer may request a Amortization
Agreement or receive additional information from the City.
7. The City's Customer Service staff can be reached at(714) 536-5919 from 8:30
a.m. to 4:00 p.m., Monday through Friday, except holidays, to assist the
occupants to continuing water service.
B. Where the City furnishes water through a master meter in a multi-unit residential
structure, or a mobile home park, and the owner, manager, or operator is the customer of record,
the City will make a good faith effort to inform the occupants that the account is in arrears and
water service will be terminated on the date specified in the notice. If it is not reasonable or
practicable to post the notice on the door of each unit, the City will post two (2) copies of the
notice in each accessible common area
8. Circumstances Under Which Residential Water Service Will Not Be
Terminated. The City will not discontinue residential water service for nonpayment of a
Municipal Services Bill during the following circumstances:
A. A pending appeal of a disputed Municipal Services Bill or a City investigation of a
Municipal Services Bill under Section 13 below;
B. When the customer is in compliance with a City approved debt Amortization
Agreement under Section 14; or
C. When the resident(s) have assumed responsibility for paying Municipal Services Bill
from their landlord pursuant to Section 16.
9. Circumstances Under Which Service Through a Master Meter Will Not Be
Terminated. If the City furnishes water through a master meter in a multi-unit residential
structure or mobile home park, and the owner, manager, or operator of the dwelling, structure, or
park is the customer of record, the City will not discontinue residential water service for non-
payment if a City or County public health or building officer certifies that termination of water
services would result in a significant threat to the health or safety of the residential occupants or
the public.
10. Special Medical and Financial Circumstances Under Which Services Will
Not Be Discontinued. The City will not discontinue water service if all of the following
conditions are met:
A. The customer, or a tenant of the customer, submits a Special Circumstances
Application to the City.
B. As part of the Application, the applicant provides a certification of the applicant's
licensed primary care provider that termination of water service will be life
threatening to, or pose a serious threat to the health and safety of the applicant.
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RESOLUTION NO. 2019-88
C. The applicant demonstrates that he or she is financially unable to pay for residential
service within the City's normal Billing cycle. The applicant is deemed financially
unable to pay during the normal Billing cycle if:
1) Any member of the customer's household is a current recipient of Ca1WORKs,
CalFresh, general assistance, Medi-Cal, Supplemental Security Income/State
Supplementary Payment Program, or California Special Supplemental Nutrition
Program for Women, Infants and Children, or (ii) the applicant declares under
penalty of perjury that the household's annual income is less than two hundred
(200) percent of the federal poverty level; and
2) The applicant is willing to enter into an Amortization Agreement pursuant to
Section 14.
D. For any applicant who meets all of the above conditions, the City shall offer the
applicant the option of amortizing the unpaid balance pursuant to an Amortization
Agreement.
E. The applicant is responsible for demonstrating that the conditions in Subsections B
and C have been met. Upon receipt of documentation from the applicant, the City
will review the documentation within seven (7) days and: (i) notify the applicant of
the of the availability of an Amortization Agreement and request him or her to sign it;
(ii)request additional information from the applicant; or (iii) notify the applicant that
he or she does not meet the conditions in subsection A.
F. The City may discontinue water service if the person who signed the Amortization
Agreement under this Section fails to stay current on the agreement. In such a case,
the City will post a final notice of intent to disconnect service in a prominent and
conspicuous location at the service address at least seven (7) days before
discontinuation of service. The final notice will not entitle the customer to any
investigation or review by the City.
11. Time of Termination of Service. The City will not discontinue water service
due to nonpayment on a Saturday, Sunday, legal holiday, or at any time during which the City
Hall is not open to the public.
12. Restoration of Service. Customers whose water service has been discontinued
may contact the City by telephone or in person regarding restoration of service. Pursuant to
HBMC Section 14.12.120(B), restoration shall be subject to full payment of all outstanding
Municipal Service Bills, including fees and charges, utility taxes, late fees and penalties. When
the supply of water has been shut off for nonpayment or a violation of City Ordinance,
Resolution or this Policy, service shall not be resumed until a shut off fee, as set by City
Resolution, and all delinquent municipal service balances have been paid.
13. Procedures to Contest or Appeal a Municipal Services Bill.
A. Time to Initiate Complaint or Request an Investi ag tion. A customer may initiate a
complaint or request an investigation regarding the amount of a Municipal Services Bill within
five (5) days of receiving a Municipal Services Bill.
B. Review by the City. The City shall review, and issue the customer a written
determination of a timely complaint, request for investigation, or amortization schedule. The
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RESOLUTION NO. 2019-88
City may, in its discretion, review untimely complaints, requests for investigation or
amortization schedules; however, such reviews are not subject to appeal.
C. Appeal of Complaints and Requests for Investigation Only. Any customer whose
timely complaint or request for an investigation pursuant to this Section has resulted in an
adverse determination may appeal the determination to the Chief Financial Officer by filing a
written notice of appeal with the Chief Financial Officer within five (5) days of receiving the
adverse determination. Upon receiving the notice of appeal, the Finance Department will set the
matter to be heard before the Chief Financial Officer and mail the customer written notice of the
time and place of the hearing at least ten (10) days before the meeting. The decision of the Chief
Financial Officer shall be final.
D. For purposes of this Section only, the five (5) days to appeal a Municipal Services
Bill begins five (5) days after the City mailed the bill, and the five (5) days to appeal to the Chief
Financial Officer an adverse administrative decision begins five (5) days after the mailing of the
adverse decision. However, in all cases, the five days begins immediately upon e-mailing of the
bill or adverse decision.
14. Delinquent Bill Amortization Agreements.
A. A customer unable to pay in full his or her past due Municipal Service Bill may
request an "Amortization Agreement." An"Amortization Agreement" is an agreement allowing
a customer to continue to receive water service while he or she pays off over time a delinquent
balance on his or her Municipal Service account.
B. A customer may request an Amortization Agreement any time after receiving a
Past Due Notice that the customer has failed to pay his or her Municipal Bill within twenty eight
(28) days of receipt of the Bill. A customer may not request an Amortization Agreement any
later than five (5) days after a Notice of Tennination of Water Service was posted on the service
address.
C. A customer may request an Amortization Agreement either by telephone or in
person at the contact phone number or address at Section 2.
D. A City employee shall determine if a customer's payment of his or her unpaid
balance may be temporarily extended for a period not to exceed six (6) months. The Chief
Finance Officer of the City, or his or her designee may approve a longer amortization period.
The Amortization Agreement will be set forth in writing and signed by the customer. The
Agreement shall provide that the customer shall remain current on all subsequent Municipal
Services Bills while paying off the unpaid balance. The monthly amortization payments shall be
added to the customer's monthly Municipal Service Bill until fully paid.
E. The City employee's decision to set the terms of an Amortization Agreement, or
refuse to enter into an Amortization Agreement is not subject to appeal.
F. If a customer breaches the Amortization Agreement, the City may terminate water
service by posting the same Notice of Termination of Water Service described at Section 7,
except that the Notice shall be posted at least seven(7) days before termination of water service.
This Notice will not entitle the customer to any investigation or review by the City.
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RESOLUTION NO. 2019-88
15. Specific Programs for Low-Income Customers.
A. For residential customers who demonstrate to the City a household income below
two hundred percent (200%) of the Federal Poverty Line, the City shall limit any reconnection
fee as set forth in the City Master Fee Schedule.
B. The City will deem residential customers to have a household income below two
hundred percent (200%) of the Federal Poverty Line if: (a) any member of the household is a
current recipient of Ca1WORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security
Income/State Supplementary Payment Program, or California Special Supplemental Nutrition
Program for Women, Infants, and Children, or (b) the customer declares under penalty of perjury
that the household's annual income is less than two hundred percent (200%) of the federal
poverty level for the County of Orange.
16. Procedures for Occupants or Tenants to Become Customers of the City.
A. This Section 16 shall apply only when the property owner, landlord, manager, or
operator of a residential service address is listed as the customer of record and has been issued a
notice of intent to discontinue water service due to nonpayment.
B. The City will make service available to the actual residential occupants of the
service address if each occupant agrees to the terms and conditions of service and meets the
requirements of the City's rules and regulations, or where the units are connected to a single
meter and one of the occupants of assumes me responsibility for the subsequent charges to all of
the units.
C. To be eligible to become a customer without paying the amount due on the
delinquent account, the occupant shall verify to the City's satisfaction that the delinquent account
customer of record is or was the landlord, manager, or agent of the dwelling. Verification may
include, but is not limited to, a lease or rental agreement, rent receipts, a government document
indicating that the occupant is renting the property, or information disclosed pursuant to Section
1962 of the Civil Code.
D. The occupant(s) assuming responsibility for the unit(s) shall pay a deposit for the
unit(s) pursuant to Section 3.
17. Language for Certain Written Notices. All written notices under Sections 6
and 7 shall be provided in English, Spanish, Chinese, Tagalog, Vietnamese, Korean, and any
other language spoken by ten percent (10%) or more people within the City.
18. Other Remedies. In addition to termination of water service, the City may
pursue any other remedies available in law or equity for nonpayment of water service charges,
including, but not limited to: securing delinquent amounts by filing liens on real property, filing
a claim or legal action, or referring the unpaid amount to collections.
19. Termination of Water Service for Other Customer Violations. The City
reserves the right to discontinue water service for any violations of City ordinances, rules, or
regulations other than nonpayment.
20. Decisions by City Staff. Any decision which may be taken by the City's Chief
Finance Officer under this Policy may be taken by his or her designee.
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RESOLUTION NO. 2019-88
Section 2. If any action, subsection, sentence, clause or phrase of this Resolution shall be
held invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not
affect the validity of the remaining portions of this Resolution, the, or other attachments thereto
or fees levied by this Resolution.
Section 3. Consistent with California Health & Safety to Code Section 116904, this
Resolution shall take effect February 1, 2020.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 18th day of November , 2019.
Mayor
VIE AND PPR INITIATED AND APPROVED:
VIE
C ief Financial Officer
APPROVED
City Attorney
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Res. No. 2019-88
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on November 18, 2019 by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize , Hardy
NOES: None
ABSENT: None
RECUSE: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
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