HomeMy WebLinkAbout2368 ORDINANCE NO. 2368
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, AMENDING ARTICLE VII, CHAPTER 5 OF THE ARCADIA
MUNICIPAL CODE CONCERNING THE DISCONTINUATION OF
RESIDENTIAL WATER SERVICE FOR NONPAYMENT
WHEREAS, the City of Arcadia, California (the "City") is a municipal corporation,
duly organized under the California Constitution and laws of the State of California; and
WHEREAS, the City owns and operates a public water system that supplies water
to residential, commercial, and industrial customers throughout the City's jurisdiction; and
WHEREAS, in 2018, the California Legislature adopted Senate Bill 998 ("SB 998")
which adopted new and expanded protections regarding discontinuation of water service
for nonpayment and related matters; and
WHEREAS, the City Council desires to amend the Chapter 5 of Article VII of the
Arcadia Municipal Code to ensure consistency with the requirements of SB 998 and other
laws.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above recitals are true and correct and are
incorporated herein by this reference.
SECTION 2. Section 7532.1 of Article VII, Chapter 5, Part 3, Division 2 of the
Arcadia Municipal Code is hereby amended to read as follows:
"7532.1. WATER BILLS. COLLECTION.
Each water bill shall be due and payable upon presentation, and shall become
delinquent fifteen (15) days after date of mailing. If it is not paid within sixty (60) days of
the delinquency date, service may be discontinued. Service discontinued because of non-
1
payment shall not be resumed until all bills, plus the fees hereinafter specified, have been
paid. Any charge or expense required by any provision of this Chapter to be borne or paid
by the consumer may be billed with any bill for service, and if not paid when due the entire
bill shall be deemed delinquent for the purpose of this Division."
SECTION 3. Section 7532.7.1 of Article VII, Chapter 5, Part 3, Division 2 of the
Arcadia Municipal Code is hereby amended to read as follows:
"7532.7.1. SAME. DELINQUENT TENANTS WITH SERVICE IN OWNER'S
NAME.
Should an owner of property occupied by a tenant fail or refuse to pay bills for
service furnished in his or her name, service may be discontinued and thereafter may not
again be resumed until all such bills plus the fees hereinafter specified have been paid,
except as otherwise provided by law or City rules and regulations."
SECTION 4. Section 7532.11 is hereby added to Article VII, Chapter 5, Part 3,
Division 2 of the Arcadia Municipal Code to read as follows:
"7532.11. POLICY ON DISCONTINUATION OF RESIDENTIAL WATER
SERVICE.
The City Council may, by resolution or motion, adopt a policy for discontinuation
of residential water service. Such policy may include, but may not be limited to, additional
procedures concerning billing, discontinuation of service, notifications, restoration of
service, contesting or appealing a bill, extensions and alternative payment arrangements,
protections available to qualified low-income customers, and related matters. To the
2
extent a policy adopted pursuant to this section conflicts with any provisions of this
Chapter, the policy shall control."
SECTION 5. CEQA. The City Council has determined that the proposed
Ordinance is not a "project" as defined by the California Environmental Quality Act
("CEQA") Guidelines Section 15378.
SECTION 6. Severability. If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this ordinance are severable.
The City Council hereby declares that it would have adopted this Ordinance irrespective
of the invalidity of any particular portion thereof.
SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and shall
cause a copy of the same to be published at least once in the official newspaper of said
City within fifteen (15) days after its adoption. This Ordinance shall take effect on the
thirty-first (31st) day after its adoption.
[SIGNATURES ON THE NEXT PAGE]
3
Passed, approved, and adopted this 3rd day of December 2019.
if.:"40;
M.� .r of the City of Arcadia
ATTEST:
City lerk
APPROVED AS TO FORM:
P Za
Stephen P. Deitsch
City Attorney
4
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Ordinance No. 2368 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 3rd day of December, 2019 and that said Ordinance was adopted by
the following vote, to wit:
AYES: Amundson, Beck, Tay, Chandler, and Verlato
NOES: None
ABSENT: None
Ci lerk of the y of Arcadia
5