RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FULLERTON, CALIFORNIA, UPDATING CITY POLICIES FOR
WATER SERVICE PROVISIONAND AUTHORIZING A
FUNDING INCREASE AVAILABLE TO INRAC FOR
EQUITABLE PE NA LTY WAIVER AND/OR FEE REDUCTION
TO ADDRESS DISPUTED WATER, SEWER AND
SANITATION UTILITY CHARGES
WHEREAS, the city runs its own water service.
WHEREAS, it i s i n the public interest t o update the Water Rates, Rules and Regulations in a clear and concise manner.
NOW, T HEREFORE, THE CI TY COUNCIL OF THE CITY O F FULLERTON, CALIFORNIA, RESOLVES AS FOLLOWS:
SECTION 1. The above recitals are true and correct and incorporated herein.
SECTION 2. City Council revises the existing City water policies as shown in the attachement to this Resolution.
SECTION 3. City Council approves a one-time increase to the Infrastructure and Natural Resource Committee funding and authority granted in the Fullerton Water Rates, Rules, and R egulations Rule 10(B)(3) to a maximum $20,000 for equitable penalty waiver and/or fee reduction in Fiscal Year 2023-2024 for disputed water, sewer and sanitation utility charges. The increase authorized s hall only apply to the present Fiscal Year. City Council directs the Director of Administrative Services to take the steps required to further the granted approval.
SECTION 4. CEQA. Adopting this resolution is not a “project” subject to California E nvironmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.) requirements because, as described in CEQA Guidelines Section 15378(b)(2), CEQA does not apply to general policy and procedure making.
SECTION 5. Severability. If any court of competent juris diction holds any section, subsection, s entence, clause, phrase, word or portion of this Resolution or its application to any person or circumstance invalid unconstitutional for any reason held such decision shall not affect the validity of the remaining portions of this Resolution or its application to other persons and circumstances.
The City Council of the City of Fullerton declares that it would have adopted this Resolution and each section, subsection, sentence, c lause, phrase, word or portion thereof irrespective of the fact that any one or m ore sections, subsections, sentences, clauses, phras es, words or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared sev erable.
ADOPTED BY THE FULLERTON CITY COUNCIL ON ________________, 2023.
F red Jung
Mayor
ATTEST:
Lucinda Williams, MMC
City Clerk
Attachments:
• Attachment 1 - Rules 9 and 10
EXHIBIT A
CITY OF FULLERTON
Water Utility Issued By:
303 West Commonwealth Avenue Public Works Department
Fullerton, California 92832 Water System Management Division Effective on XX/XX/XX Resolution No. 2023-XX Dated XX/XX/XX Superseding Resolution No. 2021-63 Dated: 8/17/21
RUL
E NUMBER 9
RE
NDERING AND PAYMENT OF BILLS
A. R
ENDERING OF BILLS
1. B
illing Period
B
ills for water service will be rendered bimonthly, monthly, or as otherwise provided in the rate schedules. The Director of Administrative Services may change the billing period of a customer if such change is considered in the best interests of the Utility.
2. Met
ered Service
a. B
ills for metered service will be based on meter registrations. Meters will be read as required for the preparation of regular bills, opening bills, and closing bills. b. I
f because of unusual conditions or for reasons beyond its control, the Utility is unable to read the customer's meter on the scheduled reading date, the Utility may bill the customer for estimated c
onsumption during the billing period and make any necessary corrections when a reading is obtained. Estimated consumption for this purpose will be calculated considering the customer's prior usage, the Utility's experience with other customers of the same class in that area, and the general characteristics of the customer's operations. Adjustments for any underestimate or overestimate of a customer's consumption will be reflected on the next regularly scheduled bill rendered and based on the actual reading following the period of estimated consumption. If the cause for the Utility's inability to read the meter is because of inaccessibility, then access to the meter sufficient to permit its being read shall be provided by the customer as a prerequisite to the Utility making any downward adjustment of water consumption billed on an estimated basis.
Additional details pertaining to estimating consumption can be found in Rule Number 18.
3. Pr
orating
The f
irst and final fixed meter charge will be prorated based upon the applicable start of end of service date. In no event shall water usage charges be prorated.
All
other bills shall not be prorated and shall include the full monthly meter charge plus charges for water usage.
B. RE
ADINGS OF SEPARATE METERS NOT COMBINED
F
or the purpose of billing, each meter upon the customer's premises will be considered separately and t
he readings of two or more meters will not be combined, except where the Utility's operating convenience requires the use of more than one meter per service connection.
C. I
NACCESSIBLE METER CHARGE
1. I
f the Utility is unable to record the meter because the meter is inaccessible for any reason beyond the Utility’s control, the Utility shall charge an “Inaccessible Meter Charge” in an amount designated in the adopted fee resolution.
CITY OF FULLERTON
Water Utility Issued By:
303 West Commonwealth Avenue Public Works Department
Fullerton, California 92832 Water System Management Division RULE NUMBER 9 – Continued
Effective on XX/XX/XX Resolution No. 2023-XX Dated XX/XX/XX Superseding Resolution No. 2021-63 Dated: 8/17/21
2. In the event a customer requests the Utility rebill an estimated read generated as a result of their meter being inaccessible pursuant to Rule 9(A)(2)(b), the Utility shall charge an “Inaccessible Meter Rebill Charge” in an amount designated in the adopted fee resolution.
D. PA
YMENT OF BILLS
1. A
ll bills are due immediately and are considered late if not paid by 5 p.m. on the due date shown on th
e bill. Payment shall be made to the City of Fullerton
2. C
harges for reconnection of service, and payments of deposits or payments to reinstate deposits as required under the rules of the Utility, shall be paid before service will be reconnected.
3. I
f payment of a bill is not received by the Utility Services Division on or before the due date, a lat e c
harge as designated in the adopted fee resolution will be added to the total amount due. U pon c
ustomer’s request, one late charge may be waived in a twelve (12) month period. This waiver must be for the current bill or immediately preceding bill.
4. A
t the Utility’s discretion, and upon customer’s request, one payment arrangement may be granted i
n a twelve (12) month period for customers that have experienced a water leak or unforeseen emergency, by contacting the Utility Services Division.
5. U
pon the customer’s request, one inaccessible meter charge may be waived in a twelve (12) month period. If customer is eligible for a waiver, at customer’s request, waiver will be applied to either the current bill or immediately preceding bill.
E. RE
TURNED ITEM CHARGE
T
he Utility shall require a charge for any returned item. The amount of said charge shall be set by the adopted fee resolution on file at the City Clerk's Office.
F. CHE
CK READ CHARGE
W
hen a customer requests that the Utility verify the accuracy of the read as shown on the bill, the Utility shall charge a "Check Read Charge” as designated in the adopted fee resolution , for sending a field representative to the service address to obtain another reading of the meter. If said check read shows that the previous read is in error, no check read charge will be imposed. If reading is correct, Check Read charge will be added to the customer's next regularly scheduled water bill.
CITY OF FULLERTON
Water Utility Issued By:
303 West Commonwealth Avenue Public Works Department
Fullerton, California 92832 Water System Management Division E
ffective on XX/XX/XX Resolution No. 2023-XX Dated XX/XX/XX Superseding Resolution No. 2021-63 Dated: 8/17/21
RUL
E NUMBER 10
D
ISPUTED BILLS
A. WAT
ER BILL DISPUTE
A c
ustomer who believes that the utility bill is in error must first contact the Utility Services D ivision (USD) in writing to the City of Fullerton, C/O Utility Service Division , 303 W Commonwealth Ave, Fullerton, California 92832 or by email at [email protected] before the due date on the b
ill stating the nature of their dispute. The USD shall respond to the customer within ten (10) business days from the date the dispute is received with a determination. Once a determination has been provided by the USD, the customer shall submit payment for the total or adjusted utility bill before the existing due date listed on the bill or within seven (7) days from the USD’s determination if the due date has already passed.
B. D
ISPUTED WATER BILL APPEAL
1. If t
he customer is not satisfied with the determination issued by the USD, the customer may formally appeal the dispute d bill in question to the Director of Administrative Services and/or Director of Public Works by submitting a written statement (email or letter) setting forth the reasons why the customer believes the bill is incorrect. The customer must submit the appeal within seven (7) days of the initial dispute determination issued by the USD. The appeal should be mailed to the City of F
ullerton, c/o Utility Services Division, 303 W Commonwealth Ave, Fullerton, California 92832 or ema
iled to [email protected]. However, to have the disputed bill considered, the customer must submit a good faith deposit equal to the customer ’s most recent paid utility bill to the USD (payable to the City of Fullerton). If it is the customer’s first bill, the customer would pay an amount in accordance with the city-wide average for the customer’s classification as defined in R
ule 1 under Class of Water Service. Should the customer be disputing the late charge and no other component of the bill, the remaining charges less the late fee are due immediately. Upon t
imely receipt of the written statement and payment, a Director or designee will review the basis of the dispute and provide a written reply (email or letter) of the results of the review and determination t
o the customer. Once a determination has been issued, the customer shall submit payment for the t
otal or adjusted utility bill before the existing due date listed on the bill or within seven (7) days from the Director’s determination if the due date has already passed. If the determination is sent via email, it is deemed received as of the email timestamp and the customer has 7 days from the date of the email to submit payment. If the Director’s determination is sent via U.S. mail, it is deemed received on
the fifth day after it was placed in the U.S. mail, and the customer has seven days from that date to submit payment. In the event the good faith deposit exceeds the payment due, the customer’s account will be credited with the amount in excess of the payment due.
A
customer who timely disputes the accuracy of the water consumption portion of a utility bill will not have the water service discontinued for nonpayment and will not be responsible for any late fees that may occur during the review /appeal period. If before completion of the review/appeal period an additional bill becomes due the customer must send payment (payable to the City of Fullerton) for the entire amount of the additional bill. Failure to do so will constitute acceptance by the customer of the bill(s) as rendered, including the disputed bill, and the USD may authorize discontinuance of service in accordance with Rule No. 11.
CITY OF FULLERTON
Water Utility Issued By:
303 West Commonwealth Avenue Public Works Department
Fullerton, California 92632 Water System Management Division RULE NUMBER 10 – Continued
Effective on XX/XX/XX Resolution No. 2023-XX Dated XX/XX/XX Superseding Resolution No. 2021-63 Dated: 8/17/21
2. Failure of the customer to file a written appeal with the Director and provide a good faith deposit to the USD within the required seven (7) day period will constitute customer’s acceptance of the initial bill determination rendered by the USD, and the USD may authorize discontinuance of service in accordance with Rule No. 11.
3. I
f the customer believes the Director ’s decision is in error, the customer may submit an appeal t o t
he Infrastructure and Natural Resources Advisory Committee or the subcommittee thereof with jurisdiction over the matter (hereinafter, “INRAC”). Within ten (10) days of the Director’s dispute determination, the customer must submit a written statement setting forth the reasons why the customer believes the bill is incorrect. The appeal must be sent to the City of Fullerton, c/o Utility Services Division Attn: INRAC, 303 W Commonwealth Ave, Fullerton, California 92832 or emailed to [email protected].
U
pon receipt of the customer’s appeal, the INRAC will schedule review of the appeal in a timely manner. The INRAC shall determine whether the customer was charged in error, and to what extent. When making this determination, the INRAC shall not take into consideration the customer’s ability to pay, or any other equitable considerations not having to do with the customer’s stated r
eason for why the bill is incorrect. If, for example, the water was registered through the customer’s meter, and the meter did not over register consumption, then there would be no basis for the INRAC t
o overturn the Director’s decision.
If t
he INRAC has made the aforementioned decision, the INRAC may reduce the customer’s bill (
by waiving penalties, or reducing the overall fees charged) based upon equitable options available t
o them, provided that : such bill reduction amount is funded solely from sources not subject to Proposition 218 limitations (e.g., penalty payments collected from late charges from water customers); and within the given fiscal year, the INRAC will not have authorized waiving penalties and/or reduction of fees which collectively exceed $10,000, or such amount as Council may authorize by Resolution.
I
f before completion of the INRAC’s review, one or more additional bill(s) become due, the customer must submit payment (payable to the City of Fullerton) for the entire amount of the additional bill(s).
F
ailure to do so will constitute acceptance by the customer of the bill(s) as rendered, including the di
sputed bill, and the USD may authorize discontinuance of service in accordance with Rule No.
11. A
written statement of the INRAC’s determination shall be delivered to the customer by e- mail or certified mail within ten (10) business days following the appeal hearing. The INRAC’s decision shall be final. The customer shall submit payment for the total or adjusted utility bill before the existing due date listed on the bill, or within seven (7) days of receipt of notice of the INRAC’s determination i
f the due date has already passed. In the event the good faith deposit exceeds the payment due, the c
ustomer’s account will be credited with the amount in excess of the payment due.