ORDINANCE 1595ORDINANCE NO. 1595
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE TITLE
11, CHAPTER 1 TO MODIFY WATER SERVICE DISCONNECTION
PROCEDURES IN ACCORDANCE WITH STATE LAW
The City Council of the City of EI Segundo does ordain as follows:
SECTION 1, The City Council finds and determines as follows:
A. Existing state law requires certain notice to be given before a municipally
owned or operated public utility furnishing water may terminate residential
service for nonpayment of a delinquent account.
B. On September 28th, 2018, Governor Brown signed into law Senate Bill No. 998
(Dodd), the "Water Shutoff Protection Act," which limits the conditions under
which the City can disconnect residential water service for non-payment of bills.
The state law, however, does not apply to termination of residential water
service connection by the City due to an unauthorized action by the customer,
and does not apply to commercial water service. The City, as a public water
supplier, must comply with the state law's provisions by February 1, 2020 or be
subject to civil penalties.
SECTION 2. Factual Findings and Conclusions. The City Council finds that the following
facts exist and makes the following conclusions:
A. To comply with new state regulations and avoid civil penalties for violation of
the Water Shutoff Protection Act, the City Council desires to update its
municipal code regarding water services policy and procedures.
SECTION 3. Environmental Assessment. The City Council finds that the Ordinance is not
subject to review under the California Environmental Quality Act ("CEQA") under CEQA
Guidelines section 15061(b)(3) because it can be seen with certainty that there is no
possibility that the Ordinance may have a significant effect on the environment. Adopting
this Ordinance will not have the effect of deleting or substantially changing any regulatory
standards or required findings. This Ordinance would not result in any development or
changes to the physical environment. Following an evaluation of possible adverse
impacts, it can be seen with certainty that there is no possibility that the Ordinance will
have a significant effect on the environment.
SECTION 4. EI Segundo Municipal Code (ESMC) Section 11-1-1 (Rules and Regulations
Established) is amended to read as follows:
"The rules and regulations hereinafter set forth in this Chapter, are hereby
fixed, adopted and established, as the rules and regulations for and
governing the service of water from the waterworks system of the City; and
the service shall be rendered subject to each and all of the rules, regulations
and rates and in conformity therewith."
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SECTION 5. ESMC Section 11-1-3 (Meter Installation Charges) is amended to read as
follows:
A. For every meter installation or upgrade requested from and granted by
the City of EI Segundo, the City shall charge a fee prescribed by the
City's Master Fee Schedule. The City may also request a deposit for
each meter installation or upgrade and the amount of the deposit taken
shall be determined by the City's Master Fee Schedule.
B. Meters Property of City: All meters installed shall be and remain the
property of the City.
SECTION 6. ESMC Section 11-1-7 (Delinquencies) is amended to read as follows:
"Bills will be considered delinquent twenty-two (22) days after the date the
bill is generated and provided to the customer. The City may impose, and
customers of delinquent accounts must pay to the City, an initial Late Fee
after the account becomes delinquent. The fees described in this section
are set pursuant to the City's Master Fee Schedule unless limited by
California State Law. None of the penalty fees described in this section are
to be construed or interpreted as interest."
SECTION 7. ESMC Section 11-1-10 is amended to read as follows:
11-1-10: DISCONTINUATION FOR NON-PAYMENT:
A. The City may discontinue water service for nonpayment if a customer
account has been delinquent for 60 days. No less than seven business
days before service is disconnected, the City must attempt to contact
the Customer of Record by telephone or by written notice addressed and
mailed to the customer of the residence to which the residential service
is provided. If such customer does not respond to the City's attempts to
contact, the City must post an imminent shutoff notice in a conspicuous
place on the property before taking such action. If an adult at the
residence properly and timely appeals the water bill, the City shall not
discontinue residential service while such appeal is pending.
B. Notwithstanding the foregoing, the City may not discontinue residential
water service for nonpayment if all of the conditions described in Health
and Safety Code section 116910 are met.
C. If an imminent shutoff notice is issued and residential water service is
terminated, the City may impose, and the customer must pay to the City,
a Red Tag fee for the posting of an imminent shutoff notice and a Shutoff
fee upon the termination of service. If residential water service is
restored, the City may impose, and the customer must pay to the City, a
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Reconnection fee to restore service. The fees described in this section
are set pursuant to the City's Master Fee Schedule unless limited by
California State Law. None of the penalty fees expressed in this section
are to be construed or interpreted as interest.
D. In the event service is discontinued for nonpayment, the City shall
provide the customer with information on how to restore residential
service.
E. The City shall adopt a written policy relating to discontinuation of
residential service for nonpayment, as required by state law, and such
policy shall be posted on the City's website. The City shall report the
number of annual discontinuations of residential service for inability to
pay on the City's website and to the State Water Resources Control
Board."
SECTION 8. ESMC Section 11-1-12 (Penalty for Unauthorized Service) is amended to
read as follows:
"Any owner or occupant of a premises which accesses water service or
assists in providing water service from the City that is unauthorized will have
their water service shut off with 24 hours posted notice. The owner or
occupant will be charged a disconnection fee and reconnection fee
determined by the City's Master Fee Schedule. Before water service can be
resumed, all outstanding charges must be paid in addition to satisfying any
other corrections determined by the City for unauthorized access."
SECTION 9. Validity of Previous Code Sections. If the entire Ordinance or its application
is deemed invalid by a court of competent jurisdiction, any repeal of the ESMC or other
regulation by this Ordinance will be rendered void and cause such ESMC provision or
other regulation to remain in full force and effect for all purposes.
SECTION 10. Reliance on Record. Each and every one of the findings and
determinations in this Ordinance are based on the competent and substantial evidence,
both oral and written, contained in the entire record relating to the project. The findings
and determinations constitute the independent findings and determinations of the City
Council in all respects and are fully and completely supported by substantial evidence in
the record as a whole.
SECTION 11. Preservation. Repeal or amendment of any previous Code Sections does
not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and
imposition of penalties for any violation occurring before this Ordinance's effective date.
Any such repealed part will remain in full force and effect for sustaining action or
prosecuting violations occurring before the effective date of this Ordinance.
SECTION 12. Severability. If any part of this Ordinance or its application is deemed invalid
by a court of competent jurisdiction, the City Council intends that such invalidity will not
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affect the effectiveness of the remaining provision or application and, to this end, the
provisions of this Ordinance are severable.
SECTION 13. The City Clerk, or her duly appointed deputy, is directed to certify the
passage and adoption of this Ordinance; cause it to be entered into the City of EI
Segundo's book of original ordinances; make a note of the passage and adoption in the
records of this meeting; and, within fifteen (15) days after the passage and adoption of
this Ordinance, cause it to be published or posted in accordance with California law.
SECTION 14. Effective Date. This Ordinance will become effective on the 31St day
following its passage and adoption.
PASSED AND ADOPTED this 19th day of November, 2019.
ATTEST:
APPROVED AS TO FORM:
Mark V Flensley, Cit torney
Drew Boyles, MAr
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of EI Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. 1595 was duly introduced by said City Council at a regular meeting held
on the 5th day of November, 2019, and was duly passed, and adopted by said City
Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a
regular meeting of said Council held on the 19th day of November, 2019, and the same
was so passed and adopted by the following vote:
AYES: Mayor Boyles, Mayor Pro Tem Pirsztuk, Council Member Brann, Council
Member Pimentel, and Council Member Nicol
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this b day of December,
2019.
wI�Mao
Tr cy Weaver, City Clerk
of the City of EI Segundo,
California