City Council
Memorandum
TO: HONORABLE MAYOR AND CITY COUNCIL DATE: JANUARY 23, 2024 FROM: PUBLIC UTILITIES DEPARTMENT WARD: 5
SUBJECT: BILLING DISPUTE FOR WATER UTILITY SERVICES AT 2639 BRADEN PLACE ISSUE:
Conduct a water utility billing appeal from Dianna Koster for water utility services at 2639 Braden Place, Riverside, CA, 92503.
RECOMMENDATION:
That the City Council deny the appeal from Dianna Koster for water utility services from July 2023 to September 2023, at 2639 Braden Place, and uphold the Board of Public Utilities decision to deny the appeal.
BOARD RECOMMENDATION:
On December 11, 2023, the Board of Public Utilities conducted the billing dispute hearing requested by Dianna Koster. Dianna Koster did not attend the meeting. The Board of Public Utilities unanimously upheld the staff recommendation to deny the appeal from Dianna Koster of 2639 Braden Place, Riverside, 92503, for water services for the account at the same address and upheld the Public Utilities Department finding that the billings were calculated accurately.
LEGISLATIVE HISTORY:
The process for customers to dispute correctness of any water service bill is codified in Water Rule 6 for Meter Investigations (Attachment 1) and Adjustment of Bills and Water Rule 17 for the Disputed Bill Appeal Processes (Attachment 2).
Water Rule 17, Section E:
If the Customer is not satisfied with the determination of the Director, or designee, the Customer may appeal to the Board of Public Utilities. The appeal must be submitted either by telephone, in writing, in person, by electronic mail, or on any Utility mobile or webpage forms to the Director, as Secretary of the Board of Public Utilities, with the reasons for the dispute of the bill within 10 calendar days following mailing of the Director’s response. In the absence of a timely filed appeal, the decision of the Director will be final. Upon receipt of a timely appeal, the matter will be reviewed by the Board of Public Utilities at a public Board meeting within 45 calendar days of receipt. The customer will receive notification of the hearing date, time and location. The Board’s decision will be made at the public meeting and the customer will receive a written decision of the Board of Public Utilities by certified mail within 15 calendar days following the appeal hearing. The City Council has designated the Board of Public Utilities as the appropriate governing body to decide on the appeal; however any adverse decision by the Board is subject to appeal to the City Council pursuant to the Public Utilities Code 10010.
The appeal procedure order of discussion is included in Resolution 23976, section X.A.3 Appeals/Quasi-Judicial Hearings (Attachment 3):
Staff presentation, information and reports, followed by questions from the Mayor and Councilmembers Appellant presentation, comments and information, followed by questions from the Mayor and Councilmembers Public comments
Closing statements by appellant
Closure of public testimony
Mayor and City Council discussion, including questions, discussion, motion, and action BACKGROUND:
On August 25, 2023, Customer Service Manager (CSM) Alma Franco documented and mailed the Summary of Investigation response to Dianne Koster for the July 31, 2023 dispute for the water charges for service at 2639 Braden Place concluding that the water meter was functioning appropriately and the water service billing were accurate (Attachment 4).
On August 30, 2023, staff confirmed receipt of voicemail messages from Dianne Koster requesting reconsideration of the water bill dispute appeal and that she would provide a video. As of the date of drafting this report, a video has not been provided.
On September 6, 2023, Customer Service Manager Alma Franco, Field Services Manager Garrett Erwin, and Utilities Water Supervisor Joseph Janssens met with Dianne Koster and explained water meter readings are in line with corresponding seasonal history usage at 2639 Braden Place Riverside, CA 92503.
On September 11, 2023, Assistant General Manager Carlie Myers documented and mailed the Summary of Investigation response to Ms. Koster for the August 30, 2023 dispute for findings of the Customer Service Manager for the water charges for service at 2639 Braden Place concluding that the water meter was functioning appropriately and the water service billing were accurate (Attachment 5).
On September 14, 2023, Ms. Koster requested a meeting to review her account. On September 22, 2023, CSM Franco emailed Ms. Koster to advise that the meeting she requested had been scheduled for September 28, 2023, at 9:00am, for staff to meet with her and review her concerns at 2639 Braden Place. CSM Franco followed up with phone call to Ms. Koster to ensure the email was received. Ms. Koster advised CSM Franco not to contact her again and disconnected the call.
On September 23, 2023, Ms. Koster emailed CSM Franco twice, the first email stated that she (Franco) needs to pull all permits for the property, that the City has done work/repairs at her property without notifying her, and when that is not, to schedule a meeting with the conclusion about damages at her home and overcharged water. The email continues and includes a demand for the City to pull blueprints for the property. The September 28, 2023 meeting was cancelled and Ms. Koster was advised that due to her disagreement with the findings of the September 11, 2023 AGM letter of findings, her dispute was moved to the next stage for a hearing at the Board of Public Utilities (Attachment 6).
On September 28, 2023, the Notice of Hearing letter and package was mailed certified and regular mail to Ms. Koster advising of the November 13, 2023 meeting date. The hearing was not added to the Board’s November 13, 2023, agenda due to the late discovery of a statement emailed from Ms. Koster’s email to CSM Franco on September 25, 2023 stating “I don't need go to a hearing to resolve your issues” (Attachment 7).
On October 4, 2023 Ms. Koster requested a response to address a leak in her water meter box. It was explained that the leak was on the customer side of the meter and advised her to seek the assistance of a plumber for repairs.
On November 6, 2023 water and electric services were disconnected at 2639 Braden for nonpayment of services. On the same day, Ms. Koster spoke with AGM Myers and expressed that she wished to move forward with a Board hearing, stating that the email dated September 25, 2023 including “I don't need go to a hearing to resolve your issues” was not written by her. On November 7, 2023, AGM Myers informed Ms. Koster via email (Attachment 8) that her water billing dispute would be included in the December 11, 2023, Board of Public Utilities agenda and the Notice of Hearing (Attachment 9) package was mailed to her certified and regular mail.
On November 30, 2023, the Notice of Hearing, along with the final December 11, 2023, Board agenda, Board report and attachments, was mailed to Dianne Koster at 2639 Braden Place. On December 7, 2023, Dianna Koster emailed staff to report that she would not attend the Board meeting (Attachment 10).
DISCUSSION:
On December 11, 2023, the Board of Public Utilities conducted the billing dispute hearing requested by Dianna Koster. Dianna Koster did not attend the meeting. The Board of Public Utilities unanimously upheld the staff recommendation to deny the appeal from Dianna Koster of 2639 Braden Place, Riverside, 92503, for water services for the account at the same address and upheld the Public Utilities Department finding that the billings were calculated accurately.
On December 18, 2023, the notice for the Board of Public Utilities Decision was mailed certified and regular mail to Dianna Koster (Attachment 11). This letter did not include the correct attachment for the draft Board minutes (Attachment 12). On December 21, 2023, Dianna Koster left a voicemail message with AGM Myers that she was appealing the water billing dispute decision because she said that when the meter was installed, it was installed incorrectly and that she would be providing videos.
Summary of Water Used at 2639 Braden Place
Billing Date
Water Consumption (Cubic Feet)
Billing Date
Water Consumption (Cubic Feet)
Aug-23
150
Aug-17
132
Aug-22
79 Aug-16
169
Aug-21
22 Aug-15
60 Aug-20
25 Aug-14
100
Aug-19
131
Aug-13
134
Aug-18
146
Aug-12
130
The summary of water consumption at 2639 Braden Place, with the same owners, at the same usage period reflects historical usage that is similar to other years as the disputed water use billing for August 2023.
The public posting of the January 23, 2024, City Council agenda was completed on January 11, 2024. A Notice of Hearing (Attachment 14), along with the final City Council agenda, City Council report and attachments, was emailed on January 11, 2024 and mailed certified and regular mail to Dianne Koster at 2639 Braden Place on January 12, 2024.
STRATEGIC PLAN ALIGNMENT:
The Bill Dispute process contributes to Strategic Priority No. 5 - High Performing Government and Goal 5.3 to Enhance communication and collaboration with community members to improve transparency, build public trust, and encourage shared decision-making.
These processes align with each of the five Cross-Cutting Threads as follows:
Community Trust – The appeal process is transparent and reflects how decisions are based on sound policy, inclusive of the involvement of City Boards & Commissions. The efforts to improve this policy include ensuring timely and reliable information.
Equity – This appeal process ensures that all customers have equal access to the process and therefore shares in the benefits available to all customers.
Fiscal Responsibility – The appeal processes are designed to allow the customers a method to dispute Water and Electric bill charges inclusive of all investigative measures to ensure fiscal responsibility for ratepayers.
Innovation – The appeal process recommendations are inclusive to new communication technology and the team will continue to use the approved process to provide innovative options to improve the experience to meet the community’s changing needs for faster and more convenient methods of communicating.
Sustainability & Resiliency – The process recommendations include the allowance for digital customer communication which reduces the carbon footprint of requiring paper copies or mailed documents thereby contributing towards sustainability.
FISCAL IMPACT:
There is no fiscal impact associated with the recommendations in this report.
Prepared by: Carlie Myers, Utilities Assistant General Manager Approved by: Todd M. Corbin, Utilities General Manager
Certified as to
availability of funds: Kristie Thomas, Finance Director/Assistant Chief Financial Officer Approved by: Rafael Guzman, Assistant City Manager
Approved as to form: Phaedra A. Norton, City Attorney
Attachments:
Water Rule 6 for Meter Investigations and Adjustment of Bills Water Rule 17 for the Disputed Bill Appeal Processes
Resolution 23976
August 25, 2023, CSM Summary of Investigation
September 11, 2023, AGM Summary of Investigation
September 25, 2023 Notice of Hearing
September 23, 2023 email
September 23, 2023 email
November 7, 2023 Notice of Hearing for Board of Public Utilities December 7, 2023, email from Dianna Koster to Carlie Myers December 18, 2023, Notice of the Board of Public Utilities Decision December 11, 2023, Board of Public Utilities Draft Minutes Email received from Dianna Koster dated January 11, 2024 January 23, 2024, Notice of Hearing for City Council
Presentation
2639 Braden Place Water Bill Dispute ● Page 2