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HomeMy WebLinkAbout8048 RESOLUTION NO 8.048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS ADOPTING A POLICY ON THE DISCONTINUATION OF RESIDENTIAL WATER SERVICE FOR NON-PAYMENT WHEREAS, Senate Bill No 998, Discontinuation of residential water service, was adopted into state law on Septembei 28, 2018, and WHEREAS Senate Bill No 998, Discontinuation of residential water service, requires the City, as a water service provider, to formally adopt a detailed written policy concerning residential water service shutoff foi nonpayment according to its provisions,and WHEREAS, Senate Bill No 998 would prohibit residential water service from being discontinued under specified circumstances; and WHEREAS, the City is required to comply with the provisions of Senate Bill 998 by or before February 1, 2020, and 'WHEREAS, this policy has been developed to facilitate compliance with the provisions and intent of Senate Bill No 998,a.nd NOW THEREFORE, BEIT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS Section 1 Policy The City of Redlands' Policy on the Discontinuation of Residential Water service for Non-Payment, attached hereto as Exhibit "A," is hereby adopted Section 2 CEQA Exemption. The City Council hereby finds and determines that the adoption of this Resolution is exempt from review and under the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21080(b)(8)(1) and CEQA Guidelines Section 15273 because this Policy relates to water service operations currently in place Section 3 Effective Date This Resolution and the policy established by this Resolution shall become effective on February 1, 2020 ADOPTED, SIGNED AND APPROVED this 3rd day of December, 2019 aul W Foster, Mayor ATTEST J e Donaldson, City Clerk 1 T IResolutions\Res 8000-809918048 Adopting SB 998 Policy.docx I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof, held on the 3rd day of December, 2019, by the following vote AYES Councilmembers Barich, Tejeda, Momberger, Davis, Mayor Foster NOES None ABSTAIN None ABSENT None J e Donaldson, City Clerk 2 1\Resolutions\Res 8000 8099\8048 Adopting SB 998 Policy docx EXHIBIT "A" POLICY ON DISCONTINUATION OF RESIDENTIAL WATER SERVICE FOR NON-PAYMENT Notwithstanding any other policy of the City, this Policy on Discontinuation of Residential Water Service for Non-Payment shall apply to the City's discontinuation of residential water service for non-payment under the piovisions set forth herein In the event of any conflict between this Policy and any other policy of the City, this Policy shall prevail I. Apphcation of Pohcy, Contact Telephone Number. This policy enumerates City's administrative actions for the collection of delinquent accounts, including notifications, fee assessments and discontinuation of residential water service This policy will be made available to the public on the City's website and translated into the following languages Spanish, Chinese, Tagalog, Vietnamese, and Korean The City's Utility Billing Customer Service Division can be contacted by phone at (909) 798-7516 to discuss options for averting discontinuation of residential water service for nonpayment under the terms of this policy This policy shall apply only to residential water service for non-payment and the City existing policies and procedures shall continue to apply to commercial and industrial water service accounts II Discontinuation of Residential Water Service for Non-Payment A Rendering and Payment of Bills Bills for water service are presented to each customer on a bimonthly basis (six time per year) Bills for service are due and payable upon presentation and become overdue and subject to 1) a late charge as specified in RMC 13 12 020 (B), and 2) discontinuation of service if not paid within sixty(60) days from the date of the bill B There are several payment options available, further enumerated below and illustrated on Table 1 —Payment Options Matrix • By Mail • Night Drop Box • In-Person • Check by Phone • 1-2-3 Done' Program • Online Banking (Bill Pay option) • Speed Pay ACI — i Online through MyRedConnect, ii Voice Response Unit (VRU), and in Extranet 3 I\Resolutions\Res 8000 8099\8048 Adopting SB 998 Policy docx C However, it is the customer's responsibility to assure that payments are received by the City according to the timelines prescribed by RMC 13 12 020 Partial payments are not authorized unless prior approval has been received from the City Bills will be computed as follows 1 Meters will be read at regular intervals for the preparation of periodic bills and as required for the preparation of opening bills, closing bills, and special bills 2 Bills for metered service will show the meter reading for the current and previous meter reading period for which the bill is rendered, the number of units, date, and days of service for the current meter reading 3 Customer bills shall be paid in legal tender of the United States of America Notwithstanding the foregoing, the City shall have the right to refuse any payment of such billings in coin D Delinquent Accounts Delinquent accounts are identified as any account that remains unpaid (and without having previously made payment arrangement or established an alternative payment schedule) by close of busmess 25 days after the date of the customer's bill 1 Late Charge Any and all late charges will be assessed by the City onto the water service customer's account as prescribed un RMC 13 12 020 2 Overdue Notice The City shall not discontinue water service for non- payment until payment by the customer has been delinquent for at least sixty (60) days The City will make a responsible, good faith effort to contact the customer in writing at least seven (7) business days before disconnection of water services for nonpayment If the customer's address is not the address of the property to which the service is provided, the City shall mail a second notice to the service address at least ten (10) business days before disconnection of water services for nonpayment, addressed to "Occupant " The Past Due Reminder Notice and Final Notice shall contain the following a) Customer's name and address, b) Amount of delinquency, c) Date by which payment or arrangement for payment must be made in order to avoid discontinuation of service, d) Description of the process to apply for a payment plan e) Description of the procedure to dispute or appeal a bill f) City phone number and a web link to the City's written Policy on Discontinuation of Residential Water Service for Non- Payment The City may alternatively provide notice to the customer of the impending discontinuation of service by telephone If that notice is 4 11FLesoluuons1Res 8000 8099/8048 Adopting SB 998 Policy docx provided by telephone, the City shall offei to provide the customer with a copy of this policy and also offei to discuss with the customer the options for alternative payments, as described in Section III, below, and the procedures for review and appeal of the customei's bill, as described in Section IV, below 3 Unable to Contact Customer If the City is not able to contact the customer by written notice (e g , a mailed notice is returned as undeliverable) or by telephone, the City will make a good faith effort to visit the residence and leave, or make other arrangements to place in a conspicuous location, a notice of imminent discontinuation of service for non-payment, and a copy of this Policy 4 Turn-Off Deadline Payment foi water service charges must be received by the City no later than 4 00 p in on the date specified in the Past Due Reminder Notice and Final Notice Postmarks are not acceptable 5 Returned Checks for Previously Delinquent Accounts In the event a customer tenders a E Conditions Prohibiting Discontinuation The City shall not discontinue residential water service if ALL of the following conditions are met 1 Health Conditions — The City's water service customer or tenant of the customer submits a certification from a Primary Care Provider as defined in Section 14088 of the California Welfare and Institutions Code that discontinuation of residential water service would be life threatening, or pose a serious threat to the health and safety of a resident of the premises where residential service is provided, 2 Financial Inability — The customer demonstrates he or she is financially unable to pay for water service within the City's normal billing cycle The customer is deemed "financially unable to pay" if any member of the customer's household is a current recipient of the following benefits CalWORKS, CalFresh, general assistance, Medi-Cal, SSI/State Supplementary Payment Program or California Special Supplemental Nutrition Program for Women, Infants and Children, or the customei declares the household's annual income is less than 200% of the federal poverty level, and 3 Alternative Payment Arrangements —The customer is willing to enter into an alternative payment schedule, consistent with the provisions of Section III, below F Process for Determination of Conditions Prohibiting Discontinuation of Service The burden of proving compliance with the conditions described in Subdivision (E), 5 11Resolutons\Res 8000 8099\8048 Adopting SB 998 Policy docx above, is on the customer In order to allow the City sufficient time to process any request for assistance by a customer, the customer is encouraged to provide the City with the necessary documentation demonstrating the medical issues under Subdivision (E)(1), financial inability under Subdivision (E)(2) and willingness to enter into any alternative payment arrangement under Subdivision (E)(3) as fai in advance of any proposed date for discontinuation of service as possible Upon receipt of such documentation, the Customer Service Division shall review that documentation and respond to the customer within seven (7) days to either request additional information, of to notify the customer of the alternative payment anangexnent, and terms thereof, under Section III,below, in which the City will allow the customer to participate If the City has requested additional information, the customer shall provide that requested information within five (5) days of receipt of the City's request Within five (5) days of its receipt of that additional information, the City shall either notify the customer that the customer does not meet the conditions under Subdivision (E), above, or notify the customer of the alternative payment arrangement, and terms thereof, under Section III, below, in which the City will allow the customer to participate G Landlord-Tenant Scenario The below procedures apply to individually metered detached single-family dwellings, multi-unit residential structures and mobile home parks where the property owner or manager is the customer of record I Required Notice At least 10 days prior if the property is a multi-unit residential structure or mobile home park, or 7 days prior if the property is a detached single-family dwelling, to the possible discontinuation of water service, the City must make a good faith effort to inform the tenants/occupants at the property by written notice that the water service will be discontmued The written notice must also inform the tenants/occupants that they have the right to become customers to whom the service will be billed (see Subdivision 2, below), without having to pay any of the delmquent amounts 2 Tenants/Occupants Becoming Customers The City is not required to make service available to the tenants/occupants unless each tenant/occupant agrees to the terms and conditions for service and meets the City's requirements and rules a However, if (i) one or more of the tenants/occupants assumes responsibility for subsequent charges to the account to the City's satisfaction, or (u) there is a physical means to selectively discontinue service to those tenants/occupants who have not met the City's requirements, then the City may make service available only to those tenants/occupants who have met the requirements b If prior service for a particular length of time is a condition to establish credit with the City, then residence at the property and proof of prompt 6 11Resolutions\Res 8000 8099\8048 Adopting SB 998 Policy docx payment of rent for that length of time, to the City's satisfaction, is a satisfactory equivalent c If a tenant/occupant becomes a customer of the City and the tenant's/occupant's rent payments include charges for residential water service wheie those chaiges are not separately stated, the tenant/occupant may deduct from futuie rent payments all seasonable charges paid to the City during the prior payment period III Alternative Payment Arrangements: For any customer who meets the three conditions under Section II(E), above, in accordance with the process set forth in Section II(F), above, the City shall offer the customer a payment arrangement consisting of the amortization of the unpaid balance under Subdivision(A), below A Amortization Any customer who is unable to pay for water service within the City's normal payment period and meets the three conditions under Section II(C), above, as the City shall confirm, may, enter mto an amortization plan with the City on the following terms I Term The customer shall pay the unpaid balance, less twenty percent (20%) down payment due immediately, over a period not to exceed twelve (12) months The unpaid balance less the 20% down payment shall be divided into six (6) equal installments to be billed bi-monthly (every two months) for twelve (12) months and that amount shall be added each month to the customer's ongoing monthly bills for water service 2 Down Payment For any approved amortization plan, a twenty percent (20%) down payment of the unpaid balance as calculated at the time of entering into a payment arrangement with the City will be due and payable immediately as a condition of entering into a payment arrangement 3 Compliance with Plan The customer must comply with the amortization plan and iemain curient as charges accrue in each subsequent billing period The customer may not request further amortization of any subsequent unpaid charges while paying delinquent charges pursuant to an amortization plan Where the customer fails to comply with the terms of the amortization plan for sixty (60) days or more, or fails to pay the customer's current service chaiges for sixty (60) days or more, the City may discontinue water service to the customer's service address at least five (5) business days after the City posts at the customer's residence a final notice of its intent to discontinue service 4 Payment Priority The customer is required to keep up with new and current charges along with the payment plan 7 I IResolutions'Res 8000 8099\8048 Adopting SB 998 Policy docx IV. Appeals. The procedure to be used to appeal or contest the amount set forth in any bill for residential water service is as follows, in accordance with RMC 13 12 070, 13 16 030 and 13 04 010(B) A Disputed Bills In the event of a complaint by a customer that his oi her water bill is excessive, a reread of the meter shall be made and a check shall be made to determine in particulai if there are leaks in the meter Should no leak in such meter be found, then, upon request of the customer, the meter shall be removed and be subject to a test upon it as set forth in RMC 13 16 030 and section (B) Meter Testing below In the event that meter tests within the appioved limitations, and the customer continues to question the water bill, a personal investigation of said premises served by the meter shall be made by the water superintendent or his oi her appointed representative Should such investigation find no reason to adjust said bill, he or she shall refer the disputed bill to the Board for a final ruling B Meter Testing When the accuracy of a water meter is questioned, the City, upon request from the customer, will cause an official test of the meter to be made for a charge as set forth by resolution The meter will be tested on variable rates of delivery and if the average registi ation is more than two percent (2%) in excess of actual quantity of water passing through the meter, the City shall refund to the customer the overcharge based on the test, for the prior twelve (12) months, unless it can be shown that the error was due to some cause for which the date can be fixed In the latter case, the overcharge shall be computed back and not beyond such times In the event the accuracy of the meter is determined to be in enor, then all testing and meter replacement charges shall be at the City's expense C Board For the purpose of serving as a board to which customers may refer their disputed bills for a final ruling, the Board shall consist of the Assistant City Manager and two (2) City directors, exclusive of those directors that oversee Finance and Municipal Utilities and Engmeermg, as from tune to time appointed by the City Manager Board rulings are not subject to appeal D Appeal Hearing Following receipt of a complaint or a request for an investigation, a hearing date shall be set by the Board After evaluation of the evidence provided by the customer and the information on file with the City concermng the water charges in question, the Board shall render a decision as to the accuracy of the water charges and shall provide the appealing customer with a brief written summary of the decision 1 If water charges are determined to be incorrect, a corrected invoice will be provided and payment of the revised charges will be due within ten (10) days of the invoice date for revised charges If the revised charges remain unpaid for more than sixty (60) days after the corrected invoice is provided, water service will be disconnected, on the next regular working day after expiration of that sixty (60) day period, provided that the City shall provide the customer with the Overdue Notice in accordance with Section II(B)(2), 8 11ResolutionsIkes 8000 8099/8048 Adopting SB 998 Policy docx above Water service will only be restored upon full payment of all outstanding water charges, penalties, and any and all applicable reconnection charges a If the water chaiges m question are determined to be correct, the water charges are due and payable at the time the Board's decision is rendered b In the event the charges are not paid in full within sixty (60) days after the original billing date, then the City shall provide with the Overdue Notice in accordance with Section II(B)(2), above, and may proceed in potentially discontinuing service to the customer's property c Any overchaiges will be reflected as a credit on the next regular bill to the customer, or refunded directly to the customer, at the sole discretion of the City d Watei service to any customer shall not be discontinued at any time during which the customer's appeal to the Board is pending e The Board's decision is final, bindnlg, and not appealable V Restoration of Service In order to resume or continue service that has been discontinued by the City due to non-payment, the customer may be required to post a pre- payment deposit to re-establish the customer's public services account The City will endeavor to make such reconnection as soon as practicable as a convenience to the customei The City shall make the reconnection no later than the end of the next regular working day following the customer's request and payment of any applicable pre- payment deposits 9 I 1Resolutions\Res 8000 8099/8048 Adopting 5B 998 Policy docx C Table 1--Payment Options Matrix 0 C Bi• r Payment Types of Payment Processing Availability Address/Location Method Accepted Speed 0 0 co Mail Check payable e.City of Red ands co Check/Money Order/ m By Mail 3-10 Business Day 24/7 P O Rex 69:03 Casn(not recommended) o Redlands,CA 9,37E-0903 i» Night Drr'p Box is located in front of the Rr enue Div lion s Check/Money Order/ Office o Night Drop Box Next Rusin',s r:ay 24/7 Cash{not recommended! 35 Cajon Str-et,St.t= 15 9 era Redlands,LA 92373 Bring payment to Customer Serk ce office to Check/Money Crder/cash/ Monday Thut•day7.30 am to 5:30 pm `o In-Person game Day 35 Cajon atr-�et Suite 15-A i» t-redit Card Office is closed every other Friday Redlands, -A 92373 o Please tall Custcme-Service/Bi9ir at 6 Check lime Day' Check By Phone(aka Q. Monday Thu rday 7'30 am to 5.30 pm (909)793 7F16 OR aO. check) Office is closed e.,ery other Friday isit Customer Service off ic 35+atcn Suite 1s-A n x Drafts on customer Free Automated Debit Program i--. 1-2.3 Done?Program (ACH)from a designated bank due date(files sent Program perates a.rtomatrcalli can sign http /1'rn' .Jit^ofrediancls.org/utilitie,oust-mer service O to bank 3-days up far,t 24/7 online OR v. €ediands-ustome'ser kce org account prior) -On-line payment prcces=ed by On-line Banking customer o4 n bank 3-logusines Days 24/7 Customer Online Bank Account Vie https.//internetsspeedpay con'/red'ands/6/logm/guest redit Card,ATM/debit card,or if customer has Redconnect account,'lice can access c,peedpay Speed Pay Online draft from a designated bank Net Eusines Day` 2.4/7 ,.is. account https.//myredconnectacccunt o-g/iwr/user/login,seam OR cvr redlandscustomerser'ice org Credit Card,ATM/debit card,or Speed Pay Voice n draft from a designated bank Next Busines Day, 24/7 tall Speedpay a tol-free number i C5e-_69-2396 Response Unit account Credit Card,ATM/debit Lard,or Speed Pay Extranet draft from a des gnated bank Next Busines lay° 24/7 Speedpay 6: anet is used by:.us.inlet Service Reps fc Customer'who do nc have the last four digits of the 3ccnunt account holder SIN(tenant/landlord) Convenience fee may be charged