03/18/2020
RESOLUTION NO. 20-03-01
RESOLUTION OF THE BOARD OF DIRECTORS DECLARING A TEMPORARY SUSPENSION OF SERVICE TURNOFFS DURING THE COVID-19 STATE OF EMERGENCY
WHEREAS, the District’s Rules and Regulations establish requirements for the provision of water and wastewater service including billing, payment, interest, late penalties, and shut off processing. The Board recently adopted Resolution No.20-01-01 in order to comply with SB 998; and
WHEREAS, in recent weeks, federal, state, county and local governments have declared states of emergency to increase efforts to protect the public from the COVID-19 virus. In addition, a number of school districts have announced closures which may be in effect for a number of weeks; and
WHEREAS, many customers face issues such as their children’s schools, or their workplaces, closing in an effort to stop the virus from spreading. These affected customers may not have access to paid time off from their employers or are contract workers who only get paid when they work and they cannot work remotely. Even a few lost days of wages due to the effects of COVID-19 could mean not being able to buy food, pay rent, or pay utilities; and
WHEREAS, Government Code Section 8634 provides that during a local emergency the governing body of a political subdivision, such as the District, may promulgate orders and regulations necessary to provide for the protection of life and property. Such orders and regulations, and amendments and rescissions thereof, must be in writing and must be given publicity and notice; and
WHEREAS, to help mitigate the negative impacts on those who may suffer a loss of wages due to efforts to slow the spread of COVID-19, the Board desires to take action to direct the General Manager, or his/her designees, to refrain from taking action which would result in the termination of service to residential and commercial customers, due to nonpayment.
NOW, THEREFORE, BE IT RESOLVED,
Section 1. Incorporation of Recitals. The recitals in this Resolution are true and correct and this District so finds, determines and represents. Said recitals are incorporated herein and made a part of this Resolution.
Section 2. Temporary Suspension. The Board hereby authorizes, and otherwise directs, the General Manager to refrain from taking any action which would result in the termination of service to any residential retail and commercial customers due to nonpayment (“Temporary Suspension”). As a result, the General Manager shall take any and all action he/she deems necessary, in his/her reasonable discretion, to suspend the imposition of late penalties and interest and to or otherwise refrain from enforcing applicable provisions of the Rules and Regulations in regard to termination of service due to non-payment. The terms and conditions of the Temporary Suspension shall be established and implemented as determined in the General Manager’s reasonable discretion and in accordance with this Resolution.
Section 3. Eligible Customers. The Temporary Suspension shall apply to residential retail and commercial customers of the District. In addition, the Temporary Suspension shall only apply to service termination due to non-payment. The General Manager will continue to have the authority to proceed with service termination for any other reason including, but not limited to, the theft of water or interference with District facilities.
Section 4. Suspension Period. The Temporary Suspension shall commence on the effective date of this Resolution and shall expire on June 1 (“Suspension Period”). The Suspension Period may be extended by the General Manager, subject to ratification by the Board at the following regular Board meeting.
Section 5. Report to the Board. The General Manager shall provide updates to the Board at least as frequently as each Board meeting following the effective date of this Resolution. Said updates shall include information regarding: (a) establishment and implementation of the Temporary Suspension; (b) extensions or revisions to the Suspension Period; (c) the number of qualified customers; and (d) and any other information regarding how this Resolution is being implemented.
Section 6. If any section, subsection, clause or phrase in this Resolution is for any reason held invalid, the validity of the remainder of this Resolution shall not be affected thereby. The Board hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases or the application thereof be held invalid.
APPROVED, ADOPTED AND SIGNED this 17TH day of March 2020.