HomeMy WebLinkAboutCity Council - 2020-17 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
6VI W AN APP VED: INITIATED AND APPROVED:
i y Manager ief Financial Officer
APP O ED AS TO FORM:
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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