HomeMy WebLinkAbout2021-09-28; City Council; ; Utility Billing Water Service Shutoff and Late Fee Update CA Review __RMC__
Meeting Date: Sept. 28, 2021
To: Mayor and City Council/President and Board Members
From: Scott Chadwick, City Manager/Executive Manager
Staff Contact: Vicki Quiram, Utilities Director/General Manager
vicki.quiram@carlsbadca.gov, 760-438-2722
Ryan Green, Finance Director
ryan.green@carlsbadca.gov, 760-602-2414
Subject: Utility Billing Water Service Shutoff and Late Fee Update
Districts: All
Recommended Action
Adopt a resolution approving an implementation plan to reestablish late fees and shutoffs for
customers that are over 60 days late on their utility bill payments, have not set up a payment
plan or received other relief per the city’s Residential Water Service Shutoff Protection Policy,
or received available financial aid as of Dec. 31, 2021.
Executive Summary
On March 4, 2020, Governor Newsom declared a state of emergency as a result of the COVID-
19 pandemic. The Governor issued Executive Order N-42-20 (Exhibit 2), which prohibited
discontinuation of water service, or shutoffs, during the COVID-19 emergency. On April 14,
2020, staff presented a report to the Carlsbad Municipal Water District Board on potential
funding programs for water service customers who cannot pay their water bills due to financial
hardship. This presentation also noted that staff would continue to analyze additional funding
options and return to the Carlsbad Municipal Water District Board in one year to give an
update.
On May 5, 2020, the CMWD Board adopted Resolution No. 1639 (Exhibit 3), which confirmed
the Executive Manager’s previous COVID-19 temporary customer financial relief measures and
extended them through June 30, 2020, or the end of the state of emergency. Although it was
not required by the Governor’s executive order, the CMWD Board resolution also suspended
late fee charges until the end of the state of emergency.
The city’s Finance Department Utility Billing Division and CMWD have not performed water
service shutoffs or charged late fees since March 2020. Currently, there are more than 400
customers who are over 60 days past due in paying their bills, for a total past due amount of
approximately $450,000.
On June 11, 2021, Governor Newsom issued Executive Order N-08-21 (Exhibit 4). This order set
an expiration of Sept. 30, 2021, for Executive Order N-42-20. If directed by the CMWD Board,
staff could start shutoff procedures in accordance with CMWD’s Residential Water Service
Sept. 28, 2021 Item #2 Page 1 of 51
Shutoff Protection Policy, approved by CMWD Resolution No. 1625 (Exhibit 5), beginning on
Jan. 1, 2021.
This course of action assumes the Governor will issue no further executive orders on the
subject. However, staff recommend a past due water bill implementation plan, which will
provide customers ample time to apply for financial assistance and/or arrange to pay past-due
amounts.
If the board approves the recommended action, late-fee charges and shutoffs will resume on
Jan. 1, 2022 for customers in arrears who do not arrange payment plans with the Utility Billing
Division. This plan was developed assuming that the Governor would not issue further
executive orders that extended the shutoff prohibition. However, it can still be applicable if the
budget trailer bill Senate Bill 155, approved by the legislature on Sept. 9, 2021, is signed by the
Governor as expected. This bill contains an extension of the shutoff prohibition until Dec. 31,
2021. Like the Governor’s original executive order, it does not prohibit charging late fees. Staff’s
plan recommends the same date of Dec. 31, 2021 for extension of the shutoff prohibition and
resuming shutoffs and late fees on Jan. 1, 2022.
Discussion
The city’s Finance Department Utility Billing Division manages the CMWD water billings and
collections. Because of the State of California Executive Order N-42-20 and the Board’s
Resolution No. 1639, the Utility Billing Division and CMWD have not performed water service
shutoffs or charged late fees since March 2020. There was no requirement in the executive
order to stop charging late fees.
The city continues to issue past-due notices and phone alerts to customers whose accounts are
over 60 days past due. This encourages customers to pay as much as possible to avoid large
balances that will be subject to a late fee and/or water shutoff in the future. Staff have also
provided information on applying for utility bill assistance programs to help residents pay for
utility bills.
CMWD and the city wastewater utility cannot forgive the debt of any of their customers
because they are public entities subject to Proposition 218. (Article XIII of the California
Constitution). Under this proposition, customer rates must be proportional to the costs of
providing water and wastewater to each customer. In other words, no customer may be
charged more than the actual costs to provide water and wastewater service to that individual
customer. Forgiveness of water and wastewater bills would therefore mean that some
customers would pay more than the actual costs to provide them water or wastewater service,
which in effect would be subsidizing nonpaying customers. Unless state, federal or local
programs are implemented to cover these costs, each customer must ultimately pay for the
services that they use.
On May 4, 2021, the CMWD Board received a report regarding information on customer water
bill assistance programs that were available at that time (Exhibit 6). Since then, more money
has become available for rent and utility-bill assistance. In August 2021, CMWD and the city
received information on the California Water and Wastewater Arrearage Payment Program,
passed as part of Assembly Bill 148. The program does not offer assistance to customers
directly, but is being developed to provide funding for “community water systems” that have
experienced revenue shortfalls and arrearages on water and wastewater bills during the COVID-
Sept. 28, 2021 Item #2 Page 2 of 51
19 pandemic. Community water systems must follow the state’s guidance and take steps to
qualify for funding.
CMWD and the city’s Utility Billing Division submitted the data required in the initial survey for
qualification before the Sept. 10, 2021 deadline. At this time there is no way to know if CMWD
will qualify for funding, but staff are pursuing this option. It is likely that much of the money will
go to underserved communities. The state plans to begin to disburse funds by Nov. 1, 2021.
Should CMWD and the city be eligible for funding under this program, staff will apply for and
distribute the relief in line with state guidelines.
The recommended implementation plan to reestablish late fees and shutoffs for customers that
are over 60 days late on their utility-bill payments will provide customers ample time to apply
for financial assistance, arrange to pay past-due amounts, or if eligible, establish a formal
payment plan under the guidelines contained in the Residential Water Service Shutoff
Protection Policy. This plan is as follows:
• In October 2021, door hangers will be issued to customers who are over 60 days past
due and have not pursued an alternative procedure for payment by contacting the
Utility Billing Division or available financial aid programs. The door hangers will inform
customers that CMWD will resume charging late fees and shutoffs in January 2022.
o The door hangers will include information on the website for the San Diego County’s
Emergency Rental and Utility Bill Assistance Program, which still has money available
for qualifying households, information on any other state and federal assistance
programs that become available, and on how to contact 2-1-1 San Diego to be
referred to local nonprofit organizations for financial help and to obtain financial
assistance for other needs such as rent, food and electric utility bills.
o The city will not charge a door hanger fee for this initial service.
• By Nov. 1, 2021, at a minimum, the state is to provide information on what, if any,
funding will be provided to CMWD to cover a portion of arrearages. If the funds are
available and provided, staff will follow the state’s guidelines for distribution of the
funds and customer bills may be subsidized, resulting in fewer late fees and shutoffs in
January 2022.
• Customers will have until Dec. 31, 2021, to bring their accounts current or if eligible,
establish a formal payment plan under the guidelines contained in the Residential Water
Service Shutoff Protection Policy before late fees and shutoff procedures will begin.
• For those accounts that are not current or on a payment plan by Dec. 31, 2021, late fees
will start accruing and the water service shutoff procedures will begin on Jan. 1, 2022.
• All notices and procedures that staff will follow for shutting off water service are
described in the Residential Water Service Shutoff Protection Policy for Nonpayment of
Charges (Exhibit 7).
• Once a customer’s water service is shutoff, the customer must pay a disconnection fee
of $44, along with any balance over 60 days past due and a water service reconnection
fee (currently $72 for next-day service).
Sept. 28, 2021 Item #2 Page 3 of 51
Options
Staff provide the following options for the City Council/CMWD Board’s consideration:
1. Approve an implementation plan to reestablish late fees and shutoffs for customers
who are over 60 days late on their utility bill payments, have not set up a payment plan
or received other relief per the city’s Residential Water Service Shutoff Protection
Policy, or received available financial aid as of Dec. 31, 2021
Pros
• Customers will be given ample time to pay their bills or if eligible, establish a
formal payment plan under the guidelines contained in the Residential Water
Service Shutoff Protection Policy
• CMWD and the city will start collecting past-due amounts to fund essential water
and wastewater services
• Resuming late-fee charges may encourage customers to apply for utility bill
assistance and/or pay to become current on their bills
Cons
• None identified
2. Do not approve an implementation plan to reestablish late fees and shutoffs for
customers that are over 60 days late on their utility bill payments, have not set up a
payment plan or received other relief per the city’s Residential Water Service Shutoff
Protection Policy, or received available financial aid as of Dec. 31, 2021
Pros
• Approximately 400 customers will continue to have uninterrupted water service
without making payments or paying late fees until the COVID-19 state of
emergency is completely lifted by the Governor, at which time they will need to
pay the arrearages using procedures in the CMWD shutoff policy
Cons
• Customers that do not pay their bill or set up a payment plan will continue to
accrue arrearages
• CMWD will continue to purchase water for customers while not receiving
payment, negatively impacting revenue and reserves
• As outlined in Proposition 218, customers must pay their own bills back per the
Residential Water Service Shutoff Protection Policy (other customers cannot
subsidize past-due bills), unless federal, state or local aid is obtained
• Extending prohibition of water shutoffs would encourage customers’ continued
delay to apply for utility bill assistance
Staff recommend Option 1 for the City Council/CMWD Board – Approve an implementation
plan to reestablish late fees and shutoffs for customers that are over 60 days late on their utility
bill payments, have not set up a payment plan or received other relief per the city’s Residential
Water Service Shutoff Protection Policy, or received available financial aid as of Dec. 31, 2021.
Fiscal Analysis
Proceeding with the recommended action is expected to result in increased receipts and
revenue for the Utilities Department and CMWD in the form of payments for bills in arrears,
late fees, and shutoff and turn-on fees. The amount of increased revenue will not be known
Sept. 28, 2021 Item #2 Page 4 of 51
until the action is implemented. Existing staff will implement the action as part of their regular
duties, so no other expenses are expected.
Next Steps
Staff will continue to monitor the Governor’s executive orders regarding the COVID-19 state of
emergency and discontinuance of water service. On Jan. 1, 2022, staff will resume the charging
of late fees and shutoffs for those customers that are 60 days past due on their utility bill
payments as of Dec. 31, 2021, and who do not pay their arrearage or if eligible, establish a
formal payment plan by Dec. 31, 2021.
This course of action assumes:
1. The CMWD Board approves staff’s recommended implementation plan
2. The Governor’s executive order prohibiting the discontinuation of water service during
the COVID-19 emergency is not extended past Dec. 31, 2021
Environmental Evaluation
This action does not constitute a “project” within the meaning of the California Environmental
Quality Act under Public Resources Code section 21065 in that it has no potential to cause
either a direct physical change in the environment or a reasonably foreseeable indirect physical
change in the environment and therefore does not require environmental review.
Public Notification and Outreach
Public notice of this item was posted in keeping with the state's Ralph M. Brown Act and it was
available for public viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
1. CMWD Board resolution
2. State of California Executive Order N-42-20
3. CMWD Board Resolution No. 1639
4. State of California Executive Order N-08-21
5. CMWD Board Resolution No. 1625
6. May 4, 2021, CMWD staff report
7. Residential Water Service Shutoff Protection Policy for Nonpayment of Charges
Sept. 28, 2021 Item #2 Page 5 of 51
RESOLUTION NO. 1663
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT OF THE CITY OF CARLSBAD, CALIFORNIA
APPROVING AN IMPLEMENTATION PLAN TO REESTABLISH LATE FEES AND
SHUTOFFS FOR CUSTOMERS THAT ARE OVER 60 DAYS LATE ON THEIR
UTILITY Bill PAYMENTS
Exhibit 1
WHEREAS, on March 4, 2020, Governor Newsom declared a state of emergency as a result of
the COVID-19 pandemic; and
WHEREAS, on April 14, 2020, the Carlsb'ad Municipal Water District, or CMWD, staff presented
a report to the CMWD Board on potential funding programs for water service customers that cannot
pay their water bills due to financial hardship and also providing that staff would continue to analyze
additional funding options and return to the CMWD Board in one year to give an update; and
WHEREAS, on May 5, 2020, the CMWD Board adopted Resolution No. 1639, which confirmed
the Executive Manager's previous COVID-19 temporary customer financial relief measures and
extended them through June 30, 2020, or the end of the state of emergency, thereby suspending
potable water shutoffs; and
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21. This executive
order set an expiration of Sept. 30, 2021, for Executive Order N-42-20, which prohibited water shutoffs
during the COVID-19 emergency; and
WHEREAS, on Sept. 9, 2021, the legislature approved budget trailer bill, Senate Bill (SB) 155,
which is expected to be signed by the Governor, and contains an extension of the shutoff prohibition
until Dec. 31, 2021 but does not prohibit charging late fees; and
WHEREAS, staff propose an implementation plan to reestablish late fees and shutoffs as of Jan.
1, 2022, for customers that are 60 days late on their utility bill payments as of Dec. 31, 2021, and do
not pay their arrearage or if eligible, establish a formal payment plan or receive other relief under the
guidelines contained in the Residential Water Service Shutoff Protection Policy or receive financial aid.
NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of the City
of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That, as of Jan. 1, 2022, the City of Carlsbad's Finance Department Utility Billing Division
and CMWD will resume charging late fees and shutoffs for customers that are 60 days late on their
Sept. 28, 2021 Item #2 Page 6 of 51
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-42-20
WHEREAS on March 4, 2020, I proclaimed a state of emergency to exist in
California as a result of the threat of COVID-1 9; and
WHEREAS it is the established policy of the State under Water Code
section 106.3 that every human being has the right to safe, clean, affordable,
and accessible water adequate for human consumption, cooking, and sanitary
p urposes; and
WHEREAS to limit the spread of COVID-19 it is crucial that Californians wash
the ir hands regularly and thoroughly; and
WHEREAS many Californians are experiencing or will experience
substantia l losses of income as a result o f business closures, the loss of work hours
or wages, or layoffs related to COVID-19, w hic h may hinder their ability to make
payments for water service and subject them to water shutoffs due to non
payment; and
WHEREAS many small businesses that provide services essential to the
health and well-being of Californians have experienced substantial reductions in
income, which may hinder their ability to make payments for water service and
subject them to water shutoffs due to non-payment; a nd
WHEREAS the California Public Utilities Commission has directed private
water utilities under its jurisdiction to implement customer service protections,
including a moratorium on service disconnections, during the COVID-19
emergency; and
WHEREAS more than 100 public and private water systems have volunta rily
agreed to halt disconnections as well; and
WHEREAS under the provisions of Government Code section 8571, I find
that stric t compliance w ith the various statutes and regulations concerning
water shu to ffs specified in this order would prevent, hinder, or delay appropriate
actions to prevent a nd mitigate the eff_ects of the COVID-19 pandemic.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California,
in accordance with the authority vested in me by the Sta te Constitution and the
statutes of the State of California, and in partic ular, Government Code sections
8567, 8570, 857 1, and 8627, do hereby issue the following order to become
effective immediately:
IT IS HEREBY ORDERED THAT:
1) The authority of urban and community water systems, as defined in
Health a nd Safety Code section 11 6902, subdivision (d), to discontinue
residential service, as defined in Health and Safety Code section
11 6902, subdivision (c), for non-payment under Health and Safety
Code sections 11 6908 and 11 69 10, is suspended.
2) Water systems not subject to the requirements of Health and Safety
Code sections 11 6908 and 11 69 10 shall not discontinue resid e ntial
EXHIBIT 2
Sept. 28, 2021 Item #2 Page 8 of 51
RESOLUTION NO. 1639
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT (CMWD BOARD) OF THE CITY OF CARLSBAD,
CALIFORNIA, CONFIRMING THE EXECUTIVE MANAGER'S TEMPORARY
RELIEF MEASURES IN RESPONSE TO THE COVID-19 PANDEMIC STATE OF
EMERGENCY AND AUTHORIZING THE EXECUTIVE MANAGER TO EXTEND
THESE MEASURES THROUGH JUNE 30, 2020, OR THE END OF THE STATE OF
EMERGENCY, IF NECESSARY.
WHEREAS, there is currently a COVID-19 pandemic state of emergency; and
WHEREAS, on Dec. 10, 2019, the CMWD Board adopted Resolution No. 1625, approving a
Residential Potable Water Service Shutoff Protection Policy for Non-Payment of Charges in compliance
with California Senate Bill 998, the Water Shutoff Protection Act, enacted on Sept. 28, 2018; and
WHEREAS, in addition to the measures outlined in the Senate Bill 998 policy, and due to the
transition to a new utility billing system as well as the current COVID-19 pandemic state of emergency,
the Executive Manager implemented the following temporary relief measures:
(1) Potable water service will not be discontinued due to non-payment through May 31, 2020
(2) Late fees will not be assessed on all utility bills for March, April and May 2020
(3) Potable water business customers that have closed their accounts due to the COVID-19
pandemic state of emergency may contact the Finance Department Utilities Billing Division to
discontinue water service, which will stop the accrual of any monthly fees associated with having an
active potable water service account, and then, when ready to reopen, may have water service
reestablished without paying a reconnection fee; and
WHEREAS, after implementation of these temporary relief measures, California's Governor
issued Executive Order No. N-42-20, which prohibits residential potable water shutoffs during the
COVID-19 pandemic state of emergency, requires restoration of water service for residential water
shutoffs occurring after the state of emergency began on March 4, 2020, and prohibits commercial
water shutoffs if the business is in a critical infrastructure sector; and
WHEREAS, staff recommends the CMWD Board confirm the temporary relief measures
implemented by the Executive Manager; and
WHEREAS, staff recommends the CMWD Board authorize the Executive Manager to extend the
temporary relief measures through June 30, 2020, or the end of the state of emergency, if necessary.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad Municipal Water
District of the City of Carlsbad, California, as follows:
Exhibit 3
Sept. 28, 2021 Item #2 Page 10 of 51
1. That the above recitations are true and correct.
2. That the CMWD Board confirms the temporary relief measures implemented by the
Executive Manager.
3. That the CMWD Board authorizes the Executive Manager to extend the temporary relief
measures through June 30, 2020, or the end of the state of emergency, if necessary.
PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal Water
District of the City of Carlsbad on the 5th day of May, 2020, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Schumacher.
None.
None.
MATT HALL, President
~u:::bL: ~en
BARBARA ENGLESON, Secr~ry
(SEAL)
Sept. 28, 2021 Item #2 Page 11 of 51
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-08-21
WHEREAS on March 4, 2020, I proclaimed a State of Emergency to exist in
California as a result of the threat of COVID-19; and
WHEREAS since March 2020, the State has taken decisive and meaningful
actions to reduce the spread, and mitigate the impacts, of COVID-19, saving an
untold number of lives; and
WHEREAS as a result of the effective actions Californians have taken, as
well as the successful and ongoing distribution of COVID-19 vaccines, California
is turning a corner in its fight against COVID-19; and
WHEREAS on June 11, 2021, I issued Executive Order N-07-21, which
formally rescinded the Stay-at-Home Order (Executive Order N-33-20, issued on
March 19, 2020), as well as the framework for a gradual, risk-based reopening of
the economy (Executive Order N-60-20, issued on May 4, 2020); and
WHEREAS in light of the current state of the COVID-19 pandemic in
California, it is appropriate to roll back certain provisions of my COVID-19-related
Executive Orders; and
WHEREAS certain provisions of my COVID-19 related Executive Orders
currently remain necessary to continue to help California respond to, recover
from, and mitigate the impacts of the COVID-19 pandemic, including
California's ongoing vaccination programs, and the termination of certain
provisions of my COVID-19 related Executive Orders during this stage of the
emergency would compound the effects of the emergency and impede the
State's recovery by disrupting important governmental and social functions; and
WHEREAS under the provisions of Government Code section 8571, I find
that strict compliance with various statutes and regulations specified in this
Order would continue to prevent, hinder, or delay appropriate actions to
prevent and mitigate the effects of the COVID-19 pandemic.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California,
in accordance with the authority vested in me by the State Constitution and
statutes of the State of California, and in particular, Government Code sections
8567, 8571, and 8627, do hereby issue the following Order to become effective
immediately:
IT IS HEREBY ORDERED THAT:
The following provisions shall remain in place and shall have full force and
effect through June 30, 2021, upon which time they will expire subject to
individual conditions described in the enumerated paragraphs below.
EXHIBIT 4
Sept. 28, 2021 Item #2 Page 12 of 51
1) State of Emergency Proclamation dated March 4, 2020:
a. Paragraph 10. Any facility operating under a waiver pursuant to this
provision, memorialized in an All Facilities Letter, may operate
pursuant to such a waiver through the stated expiration in the All
Facilities Letter or September 30, 2021, whichever occurs first;
b. Paragraph 11;
c. Paragraph 12; and
d. Paragraph 13.
2) Executive Order N-25-20:
a. Paragraph 1; and
b. Paragraph 7, and as applicable to local governments per Executive
Order N-35-20, Paragraph 3. Effective July 1, 2021, the waivers in
Executive Order N-25-20, Paragraph 7, and Executive Order N-35-20,
Paragraph 3, of reinstatement requirements set forth in Government
Code sections 7522.56(f) and (g) are terminated.
3) Executive Order N-26-20:
a. Paragraph l;
b. Paragraph 2;
c. Paragraph 3;
d. Paragraph 5;
e. Paragraph 6; and
f. Paragraph 7.
4) Executive Order N-27-20:
a. Paragraph 1;
b. Paragraph 2; and
c. Paragraph 3.
5) Executive Order N-28-20:
a. Paragraph 3; and
b. Paragraph 6.
6) Executive Order N-31-20:
a. Paragraph l; and
b. Paragraph 2.
7) Executive Order N-35-20:
a. Paragraph 1. Any facility operating under a waiver pursuant to this
provision, memorialized in an All Facilities Letter, may operate
pursuant to such a waiver through the stated expiration in the All
Facilities Letter or September 30, 2021, whichever occurs first;
b. Paragraph 4;
c. Paragraph 6. To the extent the Director exercised their authority
pursuant to this provision on or before June 30, 2021, the extension
shall remain valid until the effective expiration;
Sept. 28, 2021 Item #2 Page 13 of 51
d. Paragraph l 0. The State Bar shall receive the time extension in the
aforementioned order for any nomination submitted to the State
Bar by the Governor on or before June 30, 2021; and
e. Paragraph 11 (as extended and clarified by N-71-20, Paragraph 6).
Claims accruing before June 30, 2021 will remain subject to the 120-
day extension granted in the aforementioned orders.
8) Executive Order N-36-20, Paragraph 1. To the extent the Secretary
exercised their authority pursuant to this provision, the Secretary shall allow
each facility to resume intake in a manner that clears intake backlog as
soon as feasible.
9) Executive Order N-39-20:
a. Paragraph 1. Any facility operating under a waiver pursuant to this
provision, memorialized in an All Facilities Letter, may operate
pursuant to such a waiver through the stated expiration in the All
Facilities Letter or September 30, 2021, whichever occurs first;
b. Paragraph 4; and
c. Paragraph 7. The leases or agreements executed pursuant to this
provision shall remain valid in accordance with the term of the
agreement.
l 0) Executive Order N-40-20:
a. Paragraph l. For rulemakings published in the California Regulatory
Notice Register pursuant to Government Code section l l 346.4(a)(5)
prior to June 30, 2021, the deadlines in the aforementioned order
shall remain extended in accordance with the order;
b. Paragraph 2 (as extended and clarified by N-66-20, Paragraph 12,
and N-71-20, Paragraph l 0). Notwithstanding the expiration of this
provision, state employees subject to these training requirements
shall receive the benefit of the 120-day extension granted by the
aforementioned orders. All required training due on or before June
30, 2021 must be completed within 120 days of the statutorily
prescribed due date;
c. Paragraph 7 (as extended and clarified by N-66-20, Paragraph 13
and N-71-20, Paragraph 11). With regard to appeals received on or
before June 30, 2021, the State Personnel Board shall be entitled to
the extension in the aforementioned order to render its decision;
d. Paragraph 8. To the extent the deadlines specified in Government
Code section 22844 and California Code of Regulations, title 2,
sections 599.517 and 599.518 fell on a date on or before June 30,
2021 absent the extension, they shall expire pursuant to the
timeframes specified in the aforementioned orders;
e. Paragraph 16;
f. Paragraph 17; and
g. Paragraph 20.
11) Executive Order N-45-20:
a. Paragraph 4;
b. Paragraph 8;
c. Paragraph 9; and
Sept. 28, 2021 Item #2 Page 14 of 51
d. Paragraph 12. For vacancies occurring prior to June 30, 2021, the
deadline to fill the vacancy shall remain extended for the time
period in the aforementioned order.
12) Executive Order N-46-20:
a. Paragraph l; and
b. Paragraph 2.
13) Executive Order N-47-20:
a. Paragraph 2; and
b. Paragraph 3.
14) Executive Order N-48-20, Paragraph 2 (which clarified the scope of N-34-
20).
15) Executive Order N-49-20:
a. Paragraph 1;
b. Paragraph 3. For determinations made on or before June 30, 2021,
the discharge date sha ll be within 14 days of the Board's
determination; and
c. Paragraph 4.
16) Executive Order N-50-20, Paragraph 2.
17) Executive Order N-52-20:
a. Paragraph 6;
b. Paragraph 7. To the extent an individual has commenced a training
program prior to June 30, 2021, that was interrupted by COVID-19,
that individual shall be entitled to the extended timeframe in the
aforementioned order; and
c. Paragraph 14; and
d. Paragraph 16.
18) Executive Order N-53-20:
a. Paragraph 3;
b. Paragraph 12 (as extended or modified by N-69-20, Paragraph 10,
and N-71-20, Paragraph 27); and
c. Paragraph 13 (as extended or modified by N-69-20, Paragraph 11,
and N-71-20, Paragraph 28).
19) Executive Order N-54-20, Paragraph 7. To the extent the date governing
the expiration of registration of vehicles previously registered in a foreign
jurisdiction falls on or before June 30, 2021, the deadline is extended
pursuant to the aforementioned orders.
20) Executive Order N-55-20:
a. Paragraph 1. Statutory deadlines related to cost reports, change in
scope of service requests, and reconciliation requests occurring on
Sept. 28, 2021 Item #2 Page 15 of 51
or before June 30, 2021 shall remain subject to the extended
deadline in the aforementioned order;
b. Paragraph 4;
c. Paragraph 5;
d. Paragraph 6;
e. Paragraph 8;
f. Paragraph 9;
g. Paragraph 1O;
h. Paragraph 13;
i. Paragraph 14. Statutory deadlines related to beneficiary risk
assessments occurring on or before June 30, 2021 shall remain
subject to the extended deadline in the aforementioned order; and
j. Paragraph 16. Deadlines for fee-for-service providers to submit
information required for a Medical Exemption Request extended on
or before June 30, 2021 shall remain subject to the extended
deadline granted under the aforementioned order.
21) Executive Order N-56-20:
a. Paragraph 1;
b. Paragraph 6;
c. Paragraph 7;
d. Paragraph 8;
e. Paragraph 9; and
f. Paragraph 11.
22) Executive Order N-59-20, Paragraph 6.
23) Executive Order N-61-20:
a. Paragraph 1;
b. Paragraph 2;
c. Paragraph 3; and
d. Paragraph 4.
24) Executive Order N-63-20:
a. Paragraph B(a) (as extended by N-71-20, Paragraph 40). The
deadlines related to reports by the Division of Occupational Safety
and Health (Cal/OSHA) and the Occupational Safety & Health
Standards Board on proposed standards or variances due on or
before June 30, 2021 shall remain subject to the extended
timeframe;
b. Paragraph B(c). To the extent the date upon which the
Administrative Director must act upon Medical Provider Network
applications or requests for modifications or reapprovals falls on or
before June 30, 2021 absent the extension in the aforementioned
order, it shall remain subject to the extended timeframe;
c. Paragraph 8(e). To the extent filing deadlines for a Return-to-Work
Supplement appeal and any reply or responsive papers fall on or
before June 30, 2021, absent the extension in the aforementioned
order, they shall remain subject to the extended timeframe;
d. Paragraph 9(a) (as extended and modified by N-71-20, Paragraph
39). Any deadli ne setting the time for the Labor Commissioner to
Sept. 28, 2021 Item #2 Page 16 of 51
issue any citation under the Labor Code, including a civil wage and
penalty assessment pursuant to Labor Code section 1741, that,
absent the aforementioned order, would have occurred or would
occur between May 7, 2020 and September 29, 2021 shall be
extended to September 30, 2021. Any such deadline that, absent
the aforementioned order, would occur after September 29, 2021
shall be effective based on the timeframe in existence before the
aforementioned order;
e. Paragraph 9(b) (as extended and modified by N-71-20, Paragraph
41);
f. Paragraph 9(c) (as extended and modified by N-71-20, Paragraph
39). Any deadline setting the time for a worker to file complaints
and initiate proceedings with the Labor Commissioner pursuant to
Labor Code sections 98, 98.7, 1700.44, and 2673.1, that, absent the
aforementioned order, would have occurred or would occur
between May 7, 2020 and September 29, 2021 shall be extended to
September 30, 2021. Any such deadline that, absent the
aforementioned order, would occur after September 29, 2021 shall
be effective based on the timeframe in existence before the
aforementioned order;
g. Paragraph 9(d) (as extended and modified by N-71-20, Paragraph
39). Any deadline setting the time for Cal/OSHA to issue citations
pursuant to Labor Code section 6317, that, absent the
aforementioned order, would have occurred or would occur
between May 7, 2020 and September 29, 2021 shall be extended to
September 30, 2021. Any such deadline that, absent the
aforementioned order, would occur after September 29, 2021 sha ll
be effective based on the timeframe in existence before the
aforementioned order;
h. Paragraph 9(e) (as extended and modified by N-7 1-20, Paragraph
41);
i. Paragraph 1O;
j. Paragraph 12. Any peace officer reemployed on or before June 30,
2021 pursuant to the aforementioned order shall be entitled to the
extended reemployment period set forth in the order;
k. Paragraph 13;
I. Paragraph 14; and
m. Paragraph 15 (as extended by N-71-20, Paragraph 36).
25) Executive Order N-65-20:
a. Paragraph 5 (as extended by N-71-20, Paragraph 35; N-80-20,
Paragraph 4; and N-01-21). Identification cards issued under Health
and Safety Code section 11362.71 that would otherwise have
expired absent the aforementioned extension between March 4,
2020 and June 30, 2021 sha ll expire on December 31, 2021; and
b. Paragraph 7.
26) Executive Order N-66-20:
a. Paragraph 3;
b. Paragraph 4; and
c. Paragraph 5.
Sept. 28, 2021 Item #2 Page 17 of 51
27} Executive Order N-68-20:
a. Paragraph 1. Notwithstanding the expiration of the aforementioned
order, temporary licenses granted on or before June 30, 2021 shall
be valid through September 30, 2021 ; and
b. Paragraph 2. Renewal fee payments otherwise due to the to the
California Department of Public Health absent the extension in the
aforementioned order on or before June 30, 2021, shall be entitled
to the extensions of time set forth in the aforementioned order.
28} Executive Order N-71-20:
a. Paragraph 1;
b. Paragraph 4;
c. Paragraph 16. Where the statutory deadline for openin,g or
completing investigations is set to occur on or before June 30, 2021,
the deadline shall remain subject to the extension in the
aforementioned order; and
d. Paragraph 17. Where the statutory deadline for serving a notice of
adverse action is due on or before June 30, 2021, the deadline shall
remain subject to the extension in the aforementioned order.
29} Executive Order N-75-20:
a. Paragraph 7. Children placed in foster care on or before June 30,
2021 shall receive such examinations on or before July 31, 2021;
b. Paragraph 8;
c. Paragraph 9;
d. Paragraph 10. Any facility operating under a waiver pursuant to this
provision may operate pursuant to such a waiver through the
expiration as set forth by the California Department of Public Health,
or September 30, 2021, whichever occurs first; and
e. Paragraph 13.
30} Executive Order N-76-20, Paragraph 3.
31} Executive Order N-77-20:
a. Paragraph 1;
b. Paragraph 2; and
c. Paragraph 3.
32} Executive Order N-78-20 (as extended and modified by N-03-21 }:
a. Paragraph 1; and
b. Paragraph 2.
33} Executive Order N-83-20:
a. Paragraph 3. To the extent the Director of the Department of
Alcoholic Beverage Control suspends deadlines for renewing
licenses upon payment of annual fees on or before June 30, 2021,
the extension sha ll remain valid until the effective expiration;
Sept. 28, 2021 Item #2 Page 18 of 51
b. Paragraph 5 (which repealed and replaced N-71-20, Paragraph 19,
which extended N-52-20, Paragraph l, and N-69-20, Paragraph 3);
c. Paragraph 6· (which repealed and replaced N-71-20, Paragraph 20,
which extended N-52-20, Paragraph 2, and N-69-20, Paragraph 4);
and
d. Paragraph 7 (which repealed and replaced N-71-20, Paragraph 21,
which extended N-52-20, Paragraph 3, and N-69-20, Paragraph 5).
34) Executive Order N-84-20:
a. Paragraph l;
b. Paragraph 2;
c. Paragraph 3; and
d. Paragraph 5.
The following provisions shall remain in place and shall have full force and
effect through July 31, 2021, upon which time they will expire subject to
individual conditions described in the enumerated paragraphs below.
35) Executive Order N-39-20, Paragraph 8 (as extended by N-69-20,
Paragraph 2 and N-71-20, Paragraph 8).
36) Executive Order N-53-20, Paragraph 11 (as extended or modified by N-68-
20, Paragraph 15, and N-71-20, Paragraph 26).
37) Executive Order N-71-20, Paragraph 25.
38) Executive Order N-75-20:
a. Paragraph 5; and
b. Paragraph 6
The following provisions shall remain in place and shall have full force and
effect through September 30, 2021, upon which time they will expire subject to
individual conditions described in the enumerated paragraphs below.
39) State of Emergency Proclamation dated March 4, 2020:
a. Paragraph 3; and
b. Paragraph 14. Any facility operating under a waiver pursuant to this
provision may operate pursuant to such a waiver through the
expiration as set forth by the Department of Social Services, or
September 30, 2021 , whichever occurs first.
40) Executive Order N-25-20:
a. Paragraph 2;
b. Paragraph 3; and
c. Paragraph 4.
41) Executive Order N-28-20:
a. Paragraph 4; and
b. Paragraph 5.
Sept. 28, 2021 Item #2 Page 19 of 51
42) Executive Order N-29-20, Paragraph 3, is withdrawn and replaced by the
following text:
Notwithstanding any other provision of state or local lqw (including, but
not limited to, the Bagley-Keene Act or the Brown Act), and subject to
the notice and accessibility requirements set forth below, a local
legislative body or state body is authorized to hold public meetings via
teleconferencing and to make public meetings accessible
telephonically or otherwise electronically to all members of the public
seeking to observe and to address the local legislative body or state
body. All requirements in both the Bagley-Keene Act and the Brown
Act expressly or impliedly requiring the physical presence of members,
the clerk or other personnel of the body, or of the public as a condition
of participation in or quorum for a public meeting are hereby waived.
In particular, any otherwise-applicable requirements that
(i) state and local bodies notice each teleconference location
from which a member will be participating in a public
meeting;
(ii) each teleconference location be accessible to the public;
(iii) members of the public may address the body at each
teleconference conference location;
(iv) state and local bodies post agendas at all teleconference
locations;
(v) at least one member of the state body be physically present
at the location specified in the notice of the meeting; and
(vi) during teleconference meetings, a least a quorum of the
members of the local body participate from locations within
the boundaries of the territory over which the local body
exercises jurisdiction
are hereby suspended.
A local legislative body or state body that holds a meeting via
teleconferencing and allows members of the public to observe and
address the meeting telephonically or otherwise electronically,
consistent with the notice and accessibility requirements set forth
below, shall have satisfied any requirement that the body allow
members of the public to attend the meeting and offer public
comment. Such a body need not make available any physical
location from which members of the public may observe the meeting
and offer public comment.
Accessibility Requirements: If a local legislative body or state body
holds a meeting via teleconferencing and allows members of the
public to observe and address the meeting telephonically or otherwise
electronically, the body sha ll also:
Sept. 28, 2021 Item #2 Page 20 of 51
(i) Implement a procedure for receiving and swiftly resolving
requests for reasonable modification or accommodation
from individuals with disabilities, consistent with the Americans
with Disabilities Act and resolving any doubt whatsoever in
favor of accessibility; and
(ii) Advertise that procedure each time notice is given of the
means by which members of the public may observe the
meeting and offer public comment, pursuant to
subparagraph (ii) of the Notice Requirements below.
Notice Requirements: Except to the extent this Order expressly provides
otherwise, each local legislative body and state body shall:
(i) Give advance notice of the time of, and post the agenda
for, each public meeting according to the timeframes
otherwise prescribed by the Bagley-Keene Act or the Brown
Act, and using the means otherwise prescribed by the
Bagley-Keene Act or the Brown Act, as applicable; and
(ii) In each instance in which notice of the time of the meeting is
otherwise given or the agenda for the meeting is otherwise
posted, also give notice of the means by which members of
the public may observe the meeting and offer public
comment. As to any instance in which there is a change in
such means of public observation and comment, or any
instance prior to the issuance of this Order in which the time
of the meeting has been noticed or the agenda for the
meeting has been posted without also including notice of
such means, a body may satisfy this requirement by
advertising such means using "the most rapid means of
communication available at the time" within the meaning of
Government Code, section 54954, subdivision (e); this shall
include, but need not be limited to, posting such means on
the body's Internet website.
All of the foregoing provisions concerning the conduct of public
meetings shall apply through September 30, 2021.
43) Executive Order N-32-20:
a. Paragraph 1;
b. Paragraph 2; and
c. Paragraph 3.
44) Executive Order N-35-20:
a. Paragraph 2; and
b. Paragraph 12.
45) Executive Order N-39-20:
a. Paragraph 2;
b. Paragraph 3; and
c. Paragraph 6.
Sept. 28, 2021 Item #2 Page 21 of 51
46) Executive Order N-40-20:
a. Paragraph 12 (as extended or modified by N-66-20, paragraph 16,
N·-71-20, paragraph 14, and N-75-20, Paragraph 12). To the extent
the Director exercised their authority pursuant to this provision on or
before September 30, 2021, the extension shall remain valid until the
effective expiration of the applicable waiver; and
b. Paragraph 18.
47) Executive Order N-42-20.
48) Executive Order N-43-20.
49) Executive Order N-49-20, Paragraph 2.
50) Executive Order N-54-20:
a. Paragraph 8 (as extended by N-80-20, Paragraph 6); and
b. Paragraph 9. To the extent any timeframe within which a California
Native American tribe must request consultation and the lead
agency must begin the consultation process relating to an
Environmental Impact Report, Negative Declaration, or Mitigated
Negative Declaration under the California Environmental Quality
Act extends beyond September 30, 2021, the tribe and lead
agency will receive the benefit of the extension so long as the
triggering event occurred on or before September 30, 2021.
5l) Executive Order N-55-20:
a. Paragraph 2;
b. Paragraph 3;
c. Paragraph 7. All on-site licensing visits which would have been due
on or before September 30, 2021 shall occur before December 31,
2021;
d. Paragraph 11; and
e. Paragraph 12.
52) Executive Order N-56-20, Paragraph 10 is withdrawn and superseded by
the following text:
Paragraph 42 of this Order, including the conditions specified therein, sha ll
apply to meetings held pursuant to Article 3 of Chapter 2 of Part 21 of
Division 3 of Title 2 of the Education Code and Education Code section
47604.1 (b).
53) Executive Order N-58-20 (as extended by N-71-20, Paragraph 29).
54) Executive Order N-59-20:
a. Paragraph l. The sworn statement or verbal attestation of
pregnancy must be submitted on or before September 30, 202 1
and medical verification of pregnancy must be submitted within 30
Sept. 28, 2021 Item #2 Page 22 of 51
working days following submittal of the sworn statement or verbal
attestation for benefits to continue;
b. Paragraph 2 (as extended and modified by N-69-20, Paragraph 14,
and N-71-20, Paragraph 31 );
c. Paragraph 3 (as extended and modified by N-69-20, Paragraph 15,
and N-71-20, Paragraph 32); and
d. Paragraph 4 (as extended and modified by N-69-20, Paragraph 16,
and N-71-20, Paragraph 33).
55) Executive Order N-63-20:
a. Paragraph 8(b). To the extent filing deadlines for claims and liens fall
on or before September 30, 2021, absent the extension in the
aforementioned order, they shall remain subject to the extended
timeframe; and
b. Paragraph 11.
56) Executive Order N-66-20, Paragraph 6.
57) Executive Order N-71-20:
a. Paragraph 15;
b. Paragraph 22; and
c. Paragraph 23.
58) Executive Order N-75-20:
a. Paragraph 1;
b. Paragraph 2; and
c. Paragraph 4.
59) Executive Order N-80-20:
a. Paragraph 3; and
b. Paragraph 7.
60) Executive Order N-83-20
a. Paragraph 2 is withdrawn and replaced by the following text:
The deadline to pay annual fees, including any installment
payments, currently due or that will become due during the
proclaimed emergency, as specified in Business and Professions
Code sections 19942, 19951, 19954, 19955, 19984, and any
accompanying regulations is September 30, 2021; the deadlines for
submission of any application or deposit fee, as specified in Business
and Professions Code sections 19951 (a), 19867, 19868, 19876, 19877,
19942, 19984, and any accompanying regulations is no later than
September 30, 2021, or per existing requirements, whichever date is
later.
b. Paragraph 4.
Sept. 28, 2021 Item #2 Page 23 of 51
61) Executive Order N-03-21, Paragraph 3, is withdrawn and replaced by the
following text:
As applied to commercial evictions only, the timeframe for the protections
set forth in Paragraph 2 of Executive Order N-28-20 (and extended by
Paragraph 21 of Executive Order N-66-20, Paragraph 3 of Executive Order
N-71-20, and Paragraph 2 of Executive Order N-80-20) is extended through
September 30, 2021 .
IT IS FURTHER ORDERED that, as soon as hereafter possible, this Order be
filed in the Office of the Secretary of State and that widespread publicity and
notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits,
substantive or procedural, enforceable at law or in equity, against the State of
California, its agencies, departments, entities, officers, employees, or any other
person.
IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 11th
day of June 2021.
RESOLUTION NO. 1625
A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD
MUNICIPAL WATER DISTRICT OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING RESIDENTIAL POTABLE WATER SERVICE
SHUTOFF PROTECTION POLICY FOR NONPAYMENT OF CHARGES.
WHEREAS, on Sept. 28, 2018, the state of California enacted Senate Bill No. 998 (SB 998),
Water Shutoff Protection Act (Health and Safety Code, § 116900 et seq.); and
WHEREAS, SB 998 requires Carlsbad Municipal Water District (CMWD) to develop and
implement a policy by Feb. 1, 2020, containing specific provisions protecting qualifying low-
income households from having potable water service disconnected for nonpayment due to
financial hardship; and
WHEREAS, CMWD developed a policy which describes the Residential Potable Water
Service Shutoff Protection Policy for Nonpayment of Charges to ensure implementation by
Feb. 1, 2020, attached hereto as Attachment A.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad Municipal
Water District of the City of Carlsbad, California, as follows:
1. The above recitations are true and correct.
2. The attached Residential Potable Water Service Shutoff Protection Policy for
Nonpayment of Charges is approved.
PASSED, APPROVED AND ADOPTED at a Special Meeting of the Board of Directors of the
Carlsbad Municipal Water District of the City of Carlsbad on the 10th day of December 2019, by
the following vote to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
-4--,0~..:....:...:::;.._;c:_....:..........~-=-/~~-..:....::..../cJ, 6-ot11tz. I ~f.11!)
cl BARBARA ENGLESON, ECRETARY CI~
(SEAL) CJt1✓
Exhibit 5
Sept. 28, 2021 Item #2 Page 25 of 51
Attachment A
(Carlsbad
Municipal Water District
RESIDENTIAL WATER SERVICE SHUTOFF
PROTECTION POLICY FOR NONPAYMENT OF CHARGES
INTRODUCTION
2 Carlsbad Municipal Water District (CMWD) developed this policy to help residential water service
3 customers prevent shutoff of water service for nonpayment of charges due to hardship.
4 This policy is not applicable when water service is shutoff due to unauthorized action by a customer.
5 This policy is available on the City of Carlsbad's website (https://www.carlsbadca.gov/water). The
6 number of annual shutoffs for nonpayment is noted on the website. A paper copy of the policy is
7 available upon request at the City's Utility Billing Offices at 1635 Faraday Avenue, Carlsbad, CA
8 92008.
9 For more information, contact the City's Utility Billing Office by phone at 760-602-2420 or by email at
10 water@carlsbadca.gov.
11 DEFINITIONS
12 Water Bills -Monthly statements sent to customers indicating the amount of water used during the
13 billing cycle, rate charged for the water, amount the customer must pay for the water and date on
14 which the payment is due.
15 Delinquent Accounts -Delinquent accounts are those that remain unpaid by the due date. An
16 account paid with a check that is returned by the bank upon which the check was drawn is
17 considered nonpayment of the bill and may result in a delinquent account.
18 Late Fee -A fee charged for payments not received by the due date. The late fee is 10% of the
19 unpaid bill amount.
20 Water Disconnection or Shutoff -CMWD disconnects water service by turning off and locking the
21 water meter. If a customer's water service is disconnected or shutoff, the customer must pay a fee to
22 have CMWD reconnect the water service. Water service reconnected without CMWD authorization
23 may result in fines or additional charges or fees. Any damages caused by an unauthorized service
24 reconnection are the customer's responsibility.
Reference: Water Shutoff Protection Act (Health and Safety Code sections l l 6900-116926)
Effective: February I, 2020 Page I of 5
Last Updated: February I, 2020 Printed on: December 3, 2019
Sept. 28, 2021 Item #2 Page 26 of 51
~
{._earls bad
Municipal Water District
25 NOTIFICATIONS
RESIDENTIAL WATER SERVICE SHUTOFF
PROTECTION POLICY FOR NONPAYMENT OF CHARGES
26 CMWD will not shutoff a residential customer's water service for nonpayment until the customer's
27 payment has been delinquent for at least 60 days.
28 First Written Shutoff Notice -At least seven (7) business days before shutting off a residential
29 customer's water service, CMWD will contact the customer by telephone or by mail.
30 If CMWD contacts the customer by telephone, CMWD will offer to provide the customer with this
31 policy. CMWD will also offer to discuss the customer's option for averting a shutoff for nonpayment,
32 including the procedures for amortizing the unpaid balance and for obtaining a bill review and
33 appeal.
34 If CMWD contacts the customer by mail, CMWD will send the customer written notice of the shutoff to
35 the billing address designated on the customer's account. If the billing address and the service
36 address are different, a second notice will be mailed to the service address and addressed to
37 "Occupant."
38 The written notice. will include the customer's name and address, amount of the delinquent charges,
39 and the day by which the customer must pay or arrange to pay the delinquent charges to avoid a
40 shutoff. The notice will also include a description of the process to apply for an extension of time to
41 pay the delinquent charges, a description of the procedure to petition for a bill review and appeal,
42 and a description of the procedure by which the customer may request amortization of the delinquent
43 charges.
44 If the written notice is returned as undeliverable, CMWD will make a good faith effort to visit the
45 service address and leave, either with an adult occupying the residence or in a conspicuous place, a
46 written notice of the imminent shutoff and a copy of this policy.
47 Notice to Tenants/Occupants in an Individually Metered Residence -If the landlord of a
48 residence with individually metered service is the customer with the delinquent account, CMWD will
49 make a good faith effort to send a written notice to the tenants/ occupants of the residence at least ten
50 (10) days before water service is shut off. The written notice will advise the tenants/occupants that
51 they have the right to become customers of CMWD without being required to pay the amount due on
52 the delinquent account, as long as they are willing and able to assume financial responsibility for
53 subsequent charges for water service at the residence. The tenants/occupants must provide
54 verification of tenancy in the form of a lease or rental agreement, rent receipts, a government
55 document indicating the occupant is renting the property, or other acceptable proof.
Reference: Water Shutoff Protection Act (Health and Safety Code sections l 16900-116926)
Effective: February I, 2020 Page 2 of 5
Last Updated: February I, 2020 Printed on: December 3, 2019 Sept. 28, 2021 Item #2 Page 27 of 51
l._Carlsbad
Municipal Water District
RESIDENTIAL WATER SERVICE SHUTOFF
PROTECTION POLICY FOR NONPAYMENT OF CHARGES
56 Notice to Tenants/Occupants in a Multi-Unit Complex Served through a Master Meter -If the
57 landlord of a multi-unit complex served through a master meter is the customer with the delinquent
58 account, CMWD will make a good faith effort to send a written notice to the tenants/occupants of each
59 unit at least ten ( 10) days before water service is shut off. The written notice will advise the
60 tenants/occupants they have the right to become customers of the CMWD without being required to
61 pay the amount due on the delinquent account. If one or more of the occupants at the address served
62 by the master meter are willing and able to assume responsibility for the subsequent charges for
63 water service to the satisfaction of CMWD, or if there is a physical means legally available to CMWD
64 of selectively terminating service to those tenants/occupants who have not met CMWD's
65 · requirements for service, CMWD will make service available to the occupants who have met the
66 requirements.
67 Final Written Shutoff Notice -The final written Water Shutoff notice will be delivered to the
68 premises no less than five (5) business days in advance of shutoff. CMWD will visit the residence and
69 leave the water shutoff notice and this policy.
70 OPTIONS AVAILABLE TO CUSTOMER
71 Bill Review and Appeal -If a customer disputes the customer's water bill, the customer may make a
72 written request for the bill to be reviewed by the City of Carlsbad's finance director. The written
73 request must be submitted within ten (10) business days after the bill is mailed to the customer or
7 4 within five (5) business days after CMWD informs the customer by telephone or mail that the
75 customer's water service is subject to shutoff for nonpayment. A written request for a bill review must
76 identify what aspects of the water bill the customer believes are incorrect, what information and
77 documents the customer believes supports the customer's position, and what resolution the customer
78 seeks. Within ten (10) business days after receipt of the bill review request, the finance director, or a
·79 designee, will review the water bill and provide a written response to the customer.
80 If the customer disagrees with the finance director's response, the customer may, within five (5)
81 business days of the response, appeal the matter to the deputy city manager, administrative services,
82 or a designee. Within ten (10) business days after receiving the appeal, the deputy city manager,
83 administrative services, will consider the information and documents previously submitted to the
84 finance director, as well as any additional information or documents submitted with the appeal, and
85 will issue a written decision independently determining whether the bill is correct. The decision of
86 the deputy city manager, administrative services, is the final administrative decision.
Reference: Water Shutoff Protection Act (Health and Safety Code sections 116900-116926)
Effective: February 1, 2020 Page 3 of 5
Last Updated: February I, 2020 Printed on: December 3, 2019 Sept. 28, 2021 Item #2 Page 28 of 51
l._Carlsbad
Municipal Water District
RESIDENTIAL WATER SERVICE SHUTOFF
PROTECTION POLICY FOR NONPAYMENT OF CHARGES
87 CMWD will not shutoff the customer's water service for nonpayment while the customer's request for
88 a bill review or appeal is pending. If the bill review or appeal results in a determination the
89 customer's water bill was incorrect, CMWD will correct the bill and the customer will have twenty-
90 one (21) calendar days to pay the corrected bill amount. If the bill review or appeal results in a
91 determination the customer's water bill was correct, the customer must pay the bill in full within five
92 (5) business days unless the customer qualifies for an alternate payment arrangement.
93 Alternate Payment Arrangement -A qualifying customer unable to pay for residential water service
94 within the normal payment period may request an alternate payment arrangement to avoid late fees
95 and service shutoff.
96 To qualify for an alternate payment arrangement, the customer must meet BOTH of the following
97 requirements:
98
99
100
101
o Demonstrate a medical need for continued water service by providing certification from a
Primary Care Provider that water service shutoff will be life-threatening ot pose a serious
threat to the health and safety of any person residing at the service address.
o Demonstrate financial hardship by showing the customer is financially unable to pay for
102 service within CMWD's normal billing cycle. A customer will be deemed to have a
103 qualifying financial hardship if any member of the customer's household receives
104 CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security Income/State
105 Supplementary Payment, or California Special Supplemental Nutrition Program for
106 Women, Infants, and Children. A customer will also be deemed to have a qualifying
107 financial hardship if the customer declares that the customer's household income is less
108 than 200% of the federal poverty level.
109 If the customer qualifies for an alternate payment arrangement:
110 A. The customer must sign an Alternate Payment Arrangement Agreement with CMWD to amortize
111 the unpaid balance over an agreed upon period, not to exceed twelve (12) months from the
112 original due date on the bill.
113 B. The agreed upon amount (amortized payments) will be added to the regular monthly bill to pay
114 off the previously unpaid balance.
115 C. The customer's account must remain current for all subsequent billing periods.
116 D. The customer cannot request further amortization of any subsequent unpaid charges while paying
11 7 delinquent charges from a previous bill.
Reference: Water Shutoff Protection Act (Health and Safety Code sections l l 6900-116926)
Effective: February I, 2020 Page 4 of 5
Last Updated: February I, 2020 Printed on: December 3, 2019 Sept. 28, 2021 Item #2 Page 29 of 51
~Carlsbad
Municipal Water District
RESIDENTIAL WATER SERVICE SHUTOFF
PROTECTION POLICY FOR NONPAYMENT OF CHARGES
118 If the customer does not comply with the alternate payment arrangement or becomes delinquent in
119 paying current water service charges for sixty (60) days or more, CMWD will shut off the customer's
120 water service. At least five (5) business days beforehand, CMWD will post a final shutoff notice in a
121 prominent and conspicuous location at the service address.
122 If CMWD shuts off a residential customer's water service, CMWD will provide the customer with
123 information on how to restore service.
124 RESTORATION OF SERVICE
125 Deadline for Shutoff -All delinquent water service charges and associated fees must be received by
126 City of Carlsbad Finance Department by 3 p.m. on the day specified in the written disconnection
127 notice.
128 Reconnection Process -CMWD will reconnect service as soon as feasible but, at a minimum, will
129 restore service before the end of the next regular working day following payment of any past due
130 amount, delinquent fees and reconnection fee, on the account that was shutoff.
131 Reconnection Fee -For those who qualify for an alternative payment arrangement, the reconnection
132 fee is $50 for same day and next day service during normal business hours, and $150 for service
133 during non-operational hours. This rate is subject to annual adjustment based on the Consumer Price
134 Index. The cost to reconnect water service as applicable under this policy is published yearly in the
135 Master Fee Schedule (http://www.carlsbadca.gov/services/depts/finance/fees).
Reference: Water Shutoff Protection Act (Health and Safety Code sections 116900-116926)
Effective: February I, 2020 Page 5 of 5
Last Updated: February I, 2020 Printed on: December 3, 2019 Sept. 28, 2021 Item #2 Page 30 of 51
Meeting Date: May 4, 2021
To: President and Board Members
From: Scott Chadwick, Executive Manager
Staff Contact: Mario Remillard, Meter Services and Customer Service Supervisor
mario.remillard@carlsbadca.gov, 760-603-7343
Vicki Quiram, General Manager
vicki.quiram@carlsbadca.gov, 760-438-2722
Subject: Financial Assistance Update for Customer Water Bills
Districts: All
Recommended Action
Adopt a resolution directing staff to:
•Continue to provide information to ratepayers on 2-1-1 San Diego for referral to local
nonprofit organizations to give donations and distribute funds for water bill assistance
•Continue to monitor county, state and federal COVID-19 programs related to water bill
assistance and return to the Carlsbad Municipal Water District Board of Directors after
these programs have been evaluated to provide a recommendation on other options,
including costs, implementation timelines and funding recommendations
Executive Summary
Staff presented a report to the CMWD board on April 14, 2020, on potential funding programs
for water service customers who cannot pay their water bills due to financial hardship. At that
time, staff explained the City of San Diego’s H2O SD program, the only such water bill assistance
program found in San Diego County.
Staff informed the board that although CMWD does not have an official customer bill assistance
program, a phone number is provided on water bills that directs customers to call 2-1-1 San
Diego to be referred to the County of San Diego or one of several local nonprofit assistance
organizations for financial help. Staff reported they would continue to analyze additional
funding options and return to the board in one year to give this update.
On May 5, 2020, the water district board put temporary financial relief programs into place in
response to the COVID-19 pandemic. These programs outlined in Exhibit 2 will remain in place
as long as the state of emergency declared by the governor on March 4, 2020, remains in effect.
This report provides a range of funding options to cover the cost of potable water bills that
remain unpaid as a result of the emergency measures. As of April 2021, these outstanding bills
Exhibit 6
Sept. 28, 2021 Item #2 Page 31 of 51
total approximately $410,000, which represents approximately 1% of the annual budgeted
potable water revenue for the current fiscal year, 2020-21.
Discussion
Background
The conversation about water affordability is not unique to the COVID-19 pandemic. Water
providers such as CMWD have long recognized the need for low-income or impacted ratepayer
assistance programs. But water and wastewater ratepayer revenue cannot be used to fund
such programs because of the restrictions set by Proposition 218. The state proposition, which
passed in 1996, requires voter approval before local taxes can be increased.
The governor’s April 2, 2020, executive order (Executive Order N-42-20 prohibited water
shutoffs during the COVID-19 emergency and required restoration of water service that
had been shut off any time after the governor’s March 4, 2020, emergency declaration.
At its May 5, 2020, meeting, the CMWD board confirmed the executive manager’s previous
COVID-19 temporary customer financial relief measures and extended them through June 30,
2020, or the end of the state of local emergency (Resolution No. 1639). These provisions are
currently in effect.
Local programs providing pandemic-related assistance have used a variety of funding sources,
including revenue from federal, state and county programs, COVID-19 relief programs, general
funds, donations, land sales and other funding sources that do not include customer revenue.
Administration of these programs is handled mostly through a partnership with San Diego
County or nonprofit organizations, which have administrative infrastructure in place to manage
such programs. Recent legislative actions, such as Senate Bill 222- Water Rate Assistance
Program, have been proposed to explore funding for a statewide program.
CMWD past-due accounts
As of April 2021, CMWD had 425 water accounts that were over 60 days past due. The amount
of this debt totals approximately $410,000, which averages $964 per past due customer. Prior
to the COVID-19 pandemic, normal practice would have been to work on a payment plan with
the customers and if they were not willing to do so, shut off water for those customers. Since
this practice stopped due to the governor’s Executive Order No. N-42-20, past due accounts
have accumulated. Before this executive order, CMWD had suspended customers’ late fee
charges, understanding the immediate impact of COVID-19.
Some water agencies in San Diego County have resumed charging late fees to encourage people
to pay their bills and prevent customers from getting further in debt. CMWD has not resumed
any charges but has been offering to set up longer term payment plans on late accounts
Customers from the cities of Chula Vista and San Diego were excluded from the county program
because of their city-specific federal funds received.
Potential funding sources
Over the past year, in addition to the City of San Diego’s H2O SD program, the Helix Water
District, City of Chula Vista and County of San Diego started rental and utility bill assistance
programs.
The Helix Water District created its own assistance program called Helix Helps. The Helix Helps
program is for district customers only. It was funded through $500,000 from surplus land sales.
Sept. 28, 2021 Item #2 Page 32 of 51
Each qualifying customer could receive up to $300 in water bill assistance. Customers apply to a
third-party nonprofit organization that administers the program.
In mid-March 2021, the City of Chula Vista launched the Chula Vista Emergency Rental
Assistance Program, which will distribute $16.8 million in state and federal funds to qualifying
renters in Chula Vista affected by the COVID-19 pandemic. A portion of that funding is available
for past due and upcoming utility bills.
The San Diego County Housing and Community Development Services Department has a
COVID-19 emergency rental assistance program, which also assists with utility bills. CMWD
customers are eligible to apply for the program. Applications will be accepted until funds run
out. Information about how to access the application for assistance was sent to CMWD
customers that were over 60 days late on their bills. To date, 580 Carlsbad residents have
applied under the county’s program.
State and federal funding totaling $101.5 million was made available for pandemic-related
assistance to eligible residents in the unincorporated areas of San Diego County, as well as all
cities except San Diego and Chula Vista, which received relief funds directly. The program’s
primary funding focus was directed at household incomes at or below 50% of the area median
income. Each qualified household could have received up to $3,000.
There have been several financial assistance grants and loans for small water systems serving
fewer than 15 connections and disadvantaged communities. The San Diego County water and
wastewater professional associations, as well as state Senate and Assembly members continue
to support and propose specific COVID-19 relief funding and legislation for water, wastewater
customers and water agencies that have incurred losses during the pandemic.
On March 11, 2021, President Joe Biden signed House Resolution 1319, the American Rescue
Plan Act of 2021. This act includes local government assistance due to the impact of COVID-19,
including revenue replacement and necessary investments in water and sewers. The bill
contains other funding assistance that may take priority depending on the needs in the city.
The bill included an additional provision for $500 million for low-income household drinking
water and wastewater emergency assistance. The grants are awarded to the states by providing
funds to owners or operators of public water systems or treatment works to reduce arrearages
of and rates charged to such households for such services.
Options
Options for ratepayer assistance programs
One program option and one funding option will combine to form each of these options for the
board’s consideration.
1. Continue to provide information to ratepayers on 2-1-1 San Diego for referral to local
nonprofit organizations to give donations and distribute funds for water bill assistance.
Continue monitoring county, state and federal COVID-19 programs related to water bill
assistance and return to the board after these programs have been evaluated to provide
a recommendation on other options including costs, implementation timelines and
funding recommendations
Sept. 28, 2021 Item #2 Page 33 of 51
Pros
• Currently, the Finance Department staff refers ratepayers in need of
assistance to 2-1-1 San Diego, which is a countywide nonprofit
organization that connects individuals to government financial assistance
programs, San Diego Gas & Electric rate relief and local nonprofit
programs. A phone number to call is included in every CMWD customer
bill
• This program does not require additional staff and meets Proposition 218
legal requirements
• It would not exclude CMWD from any other federal, state or county
water assistance programs available at a future date
• The Finance Department staff also allows people to pay other customers’
bills if they call in and know the customer’s account information. This
option has been available since before the COVID-19 pandemic. Staff
cannot disclose a person’s name, account number or amount past-due
Con
• Data is not available to measure the effectiveness of the current program
specific to water bill assistance
2. Distribute additional aid via a local third-party nonprofit organization
Pro
• Third party nonprofit organizations already have methods to determine
eligibility for aid.
Cons
• There is a burden on existing CMWD and city staff
• Funding would depend on federal, state and county aid or donations,
general fund, applicable COVID-19 relief or non-ratepayer money
• Depending on the restrictions, CMWD could be excluded from future
federal and state money that may become available if a City/CMWD
program already exists, similar to what occurred with the cities of San
Diego and Chula Vista
3. Distribute additional aid via a city program
Pro
• The board would have control over the distribution of fund
Con
• Likely cost-prohibitive
Staff recommends Option 1 for the board’s approval, continue to provide information to
ratepayers on 2-1-1 San Diego for referral to local nonprofit organizations to give donations and
distribute funds for water bill assistance, continue monitoring county, state and federal COVID-
19 programs related to water bill assistance and return to the board after these programs have
been evaluated to provide a recommendation on other options including costs, implementation
timelines and funding recommendations.
Sept. 28, 2021 Item #2 Page 34 of 51
Options for funding a ratepayer assistance program
Staff provides the following funding options for ratepayer assistance for the board’s
consideration:
1. Make appropriation from city funds – general fund, COVID-19 relief funds (if
available), city reserves or other non-ratepayer funds
Pros
• Avoids Proposition 218 issues
• Funding could be available quickly
Cons
• These funding options would compete with other City funding priorities.
2. Use revenue from the lease or sale of CMWD real estate
Pros
• CMWD received approximately $216,000 in cell site leases on water
reservoirs in FY 2020-21 and expects this revenue source to be ongoing
• Additionally, CMWD may have surplus property planned for current and
future sale per city council-approved Real Estate Strategic Plan
(Resolution No. 2017-200). Revenue from property sales could potentially
be directed toward ratepayer assistance.
Cons
• The loss of CMWD funds toward normal operations would result in future
ongoing rate increases to make up the loss of this income.
• Legal advice would be needed on the use of these funds for ratepayer bill
assistance, particularly in the case of CMWD property, which was paid for
by the ratepayers.
3. Use City of Carlsbad resident and/or employee donations
Pro
• Staff could develop a pay-it-forward program for board consideration in
which members of the public and/or city employees could donate funds
to pay directly to past due water bills, similar to the City of San Diego’s
H20 SD program
Cons
• Unknown level of participation
• Depending on the type of program, administrative costs could exceed
donations received
4. Seek funding from future federal, state and county relief programs
Pro
• While eligible relief funding for the City of Carlsbad may be forthcoming,
competing needs for such funding must be utilized in the best possible
way to not overlap with opportunities for other funding assistance.
CMWD continues to monitor federal, state and county funding
opportunities that are specific for ratepayer assistance
Con
• If ratepayers have already received assistance from other programs, they
may be disqualified for additional assistance. If CMWD received
Sept. 28, 2021 Item #2 Page 35 of 51
assistance money, the share received could be smaller than those
received by other cities in the region due to a focus of support to low-
income areas
5. Take no action. Resume late fees when the local emergency is lifted and resume
shut-off practices when the governor’s executive order is lifted
Pro
• Customers are more likely to work with staff if their balance is increasing
at a higher rate due to late fees
Con
• After the state of emergency is lifted and the governor’s Executive Order
is lifted, customers will still need assistance.
If the board approves staff recommended program option 1, staff recommends funding option
4 for the board’s approval, seeking funding from future federal, state and county relief
programs. Program option 1 would have staff continue to provide information to ratepayers on
2-1-1 San Diego for referral to local nonprofit organizations to give donations and distribute
funds for water bill assistance, continue monitoring county, state and federal COVID-19
programs related to water bill assistance and return to the board after these programs have
been evaluated to provide a recommendation on other options, including costs,
implementation timelines and funding recommendations.
After COVID-19 assistance program opportunities are exhausted, staff could research the
distribution of additional aid from city funds, donations and administration of the funds
through a partnership with a third-party nonprofit organization. If the board selects funding
options 1, 2 or 3, CMWD staff will return at a future board meeting with a proposal that will
include costs and an implementation timeline.
Fiscal Analysis
The fiscal impact will depend on which programs are pursued, but there is no fiscal impact to
receiving this update.
Next Steps
If the resolution program option 1 is adopted, which includes funding option 4, CMWD staff will
return to a future board meeting to provide updates and additional information.
If other funding options are chosen, staff will return at a future board meeting with a proposal,
including costs and an implementation timeline for the option selected.
Environmental Evaluation (CEQA)
This action does not constitute a “project” within the meaning of the California Environmental
Quality Act under Public Resources Code section 21065 in that it has no potential to cause
either a direct physical change in the environment or a reasonably foreseeable indirect physical
change in the environment and therefore does not require environmental review.
Public Notification
Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was
available for public viewing and review at least 72 hours before the scheduled meeting date.
Sept. 28, 2021 Item #2 Page 36 of 51
Exhibits
1.CMWD resolution
2. May 5, 2020 CMWD staff report
3.Email sent to past due registered on-line accounts
4.County of San Diego 2021 Emergency Rental & Utilities Assistance Program Flyer
Sept. 28, 2021 Item #2 Page 37 of 51
RESOLUTION NO. 1652
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT (CMWD) DIRECTING STAFF TO CONTINUE TO
PROVIDE INFORMATION TO RATEPAYERS ON 2-1-1 SAN DIEGO FOR
REFERRAL TO LOCAL SAN DIEGO NONPROFIT ORGANIZATIONS AND SAN
DIEGO COUNTY'S RENTAL AND UTILITY ASSISTANCE PROGRAM FOR FUNDS
THAT PROVIDE WATER BILL ASSISTANCE; AND CONTINUE TO MONITOR
COUNTY, STATE AND FEDERAL COVID-19 PROGRAMS RELATED TO WATER
BILL ASSISTANCE, AND IF APPLICABLE TO CMWD CUSTOMERS, RETURN TO
THE BOARD AFTER THESE PROGRAMS HAVE BEEN EVALUATED TO PROVIDE
A RECOMMENDATION ON OTHER OPTIONS INCLUDING COSTS,
IMPLEMENTATION TIMELINES AND FUNDING RECOMMENDATIONS
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency as a result of
the COVID-19 virus pandemic; and
WHEREAS, on April 14, 2020, CMWD staff presented a report to the Board on potential funding
programs for water service customers that cannot pay their water bills due to financial hardship and
that staff would continue to analyze additional funding options and return to the Board in one year to
give an update; and
WHEREAS, on May 5, 2020, the Board adopted Resolution No. 1639, which confirmed the
Executive Manager's previous COVID-19 temporary customer financial relief measures and extended
them through June 30, 2020, or the end of the state of local emergency; and
WHEREAS, as of April 2021, outstanding bills for 425 accounts total approximately $410,000 for
potable water, which represents approximately 1% of annual budgeted potable water revenue for the
current fiscal year (FY) 2020-21; and
WHEREAS, staff presented options for water bill assistance programs and potential funding
sources for the Board's consideration.
NOW, THEREFORE, BE IT RESOLVED by the CMWD Board of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2.That staff is directed to continue to provide information to ratepayers on 2-1-1 San
Diego for referral to local nonprofit organizations and San Diego County's rental and utility assistance
programs for funds that provide water bill assistance; and continue to monitor county, state and
federal COVID-19 programs related to water bill assistance, and if applicable to CMWD customers,
Sept. 28, 2021 Item #2 Page 38 of 51
MATT HALL, PRESIDENT
return to the Board after these programs have been evaluated to provide a recommendation on other
options including costs, implementation timelines and funding recommendations.
PASSED, APPROVED AND ADOPTED at a Special Meeting of the Board of Directors of the
Carlsbad Municipal Water District of the City of Carlsbad on the 4th day of May, 2021, by the following
vote, to wit:
AYES: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
P
BARBARA ENGLESON, SECRETARY
(SEAL)
Sept. 28, 2021 Item #2 Page 39 of 51
Meeting Date: May 5, 2020
To: President and Board Members
From: Scott Chadwick, Executive Manager
Staff Contact: Mario Remillard, Meter Services and Customer Service Supervisor
mario.remillard@carlsbadca.gov, 760-603-7343
Vicki Quiram, General Manager
vicki.quiram@carlsbadca.gov, 760-438-2722
Subject: Temporary Relief from Certain Potable Water Bill Fees in Response to the
COVID-19 Pandemic State of Emergency
Recommended Action
Adopt a resolution of the Board of Directors of the Carlsbad Municipal Water District confirming
the executive manager’s temporary relief measures in response to the COVID-19 pandemic
state of emergency and authorizing the executive manager to extend these measures through
June 30, 2020, or the end of the state of local emergency, if necessary.
Executive Summary
On Dec. 10, 2019, the Carlsbad Municipal Water District Board adopted Resolution No. 1625
approving a Residential Potable Water Service Shutoff Protection Policy for Non-Payment of
Charges. This was in direct response to Senate Bill 998, the Water Shutoff Protection Act, which
was signed into law Sept. 28, 2018.
In addition to the measures outlined in the Senate Bill 998 policy, and due to the transition to a
new utility billing system as well as the COVID-19 pandemic state of emergency, the CMWD’s
executive manager implemented the following temporary relief measures:
•Potable water service will not be discontinued due to non-payment through May 31, 2020
•Late fees will not be assessed for March, April and May 2020
•Potable water business customers who closed their accounts due to the COVID-19
pandemic state of emergency may discontinue water service, which will stop the accrual of
any monthly fees associated with having an active potable water service account and then,
when ready to reopen, may have water service reestablished without paying a reconnection
fee.
After the implementation of these temporary relief measures, on April 2, 2020, California’s
governor issued Executive Order No. N-42-20, which prohibits residential potable water
shutoffs during the COVID-19 pandemic state of emergency and requires restoration of water
service for residential water shutoffs occurring after the state of emergency began on March 4,
2020. The executive order also prohibits commercial water shutoffs if the business is in one of
the critical infrastructure sectors.
EXHIBIT 2
Sept. 28, 2021 Item #2 Page 40 of 51
Staff recommends the CMWD Board confirm the executive manager’s temporary relief
measures. Staff also recommends the CMWD Board authorize the executive manager to extend
the temporary relief measures to June 30, 2020, or the end of the state of local emergency, if
necessary.
Discussion
The Utilities Billing Division in the City of Carlsbad’s Finance Department manages the Carlsbad
Municipal Water District’s water billings and collections. In March 2020, the city implemented a
new utility billing system. Because of billing delays related to the system’s implementation,
water shutoffs and late fee charges were suspended in March and April.
In addition, after the declaration of the COVID-19 pandemic state of emergency, the executive
manager extended the suspension of potable water shutoffs and late fee charges until May 31,
2020. The executive manager also authorized a program allowing potable water business
customers that closed their accounts due to the COVID-19 pandemic state of emergency to
contact the Utilities Billing Division to discontinue water service. This action stops the accrual of
any monthly fees associated with having an active potable water service account. When the
business establishment is ready to reopen, the program allows the business customers to
reestablish their accounts and have potable water service resume without paying reconnection
fees.
CMWD Ordinance No. 45 contains CMWD’s water connection and rate rules, including CMWD’s
late fee rule. Article II, Section 3 of Ordinance No. 45 allows the executive manager, from time
to time, to issue rules and regulations to carry out the purposes of the ordinance. As the
ordinance does not address states of emergency or authorize executive manager action in
response to states of emergency, staff recommends the CMWD Board confirm the executive
manager’s decision to implement these temporary relief measures taken in response to the
COVID-19 pandemic state of emergency. Staff also recommends the Board authorize the
executive manager to extend the temporary relief measures to June 30, 2020, or the end of the
state of local emergency, if necessary.
Fiscal Analysis
The foregone revenue from waiving potable water bill late fees for March, April and May 2020
is estimated at $52,000. To date, there are five businesses that have asked to have their
potable water service discontinued. The fiscal impact of waiving the discontinuation and re-
connection fees for these five businesses is approximately $800. Staff will continue to track
business requests that are received.
Next Steps
CMWD shall implement temporary relief measures as confirmed and authorized by the CMWD
Board.
Environmental Evaluation (CEQA)
Under Public Resources Code section 21065, this action does not constitute a “project”
within the meaning of the California Environmental Quality Act in that it has no potential to
Sept. 28, 2021 Item #2 Page 41 of 51
cause either a direct physical change in the environment, or a reasonably foreseeable indirect
physical change in the environment, and therefore does not require further environmental
review.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. CMWD Board resolution
Sept. 28, 2021 Item #2 Page 42 of 51
RESOLUTION NO. 1639
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT (CMWD BOARD) OF THE CITY OF CARLSBAD,
CALIFORNIA, CONFIRMING THE EXECUTIVE MANAGER'S TEMPORARY
RELIEF MEASURES IN RESPONSE TO THE COVID-19 PANDEMIC STATE OF
EMERGENCY AND AUTHORIZING THE EXECUTIVE MANAGER TO EXTEND
THESE MEASURES THROUGH JUNE 30, 2020, OR THE END OF THE STATE OF
EMERGENCY, IF NECESSARY.
WHEREAS, there is currently a COVID-19 pandemic state of emergency; and
WHEREAS, on Dec. 10, 2019, the CMWD Board adopted Resolution No. 1625, approving a
Residential Potable Water Service Shutoff Protection Policy for Non-Payment of Charges in compliance
with California Senate Bill 998, the Water Shutoff Protection Act, enacted on Sept. 28, 2018; and
WHEREAS, in addition to the measures outlined in the Senate Bill 998 policy, and due to the
transition to a new utility billing system as well as the current COVID-19 pandemic state of emergency,
the Executive Manager implemented the following temporary relief measures:
(1) Potable water service will not be discontinued due to non-payment through May 31, 2020
(2) Late fees will not be assessed on all utility bills for March, April and May 2020
(3) Potable water business customers that have closed their accounts due to the COVID-19
pandemic state of emergency may contact the Finance Department Utilities Billing Division to
discontinue water service, which will stop the accrual of any monthly fees associated with having an
active potable water service account, and then, when ready to reopen, may have water service
reestablished without paying a reconnection fee; and
WHEREAS, after implementation of these temporary relief measures, California's Governor
issued Executive Order No. N-42-20, which prohibits residential potable water shutoffs during the
COVID-19 pandemic state of emergency, requires restoration of water service for residential water
shutoffs occurring after the state of emergency began on March 4, 2020, and prohibits commercial
water shutoffs if the business is in a critical infrastructure sector; and
WHEREAS, staff recommends the CMWD Board confirm the temporary relief measures
implemented by the Executive Manager; and
WHEREAS, staff recommends the CMWD Board authorize the Executive Manager to extend the
temporary relief measures through June 30, 2020, or the end of the state of emergency, if necessary.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad Municipal Water
District of the City of Carlsbad, California, as follows: Sept. 28, 2021 Item #2 Page 43 of 51
1. That the above recitations are true and correct.
2. That the CMWD Board confirms the temporary relief measures implemented by the
Executive Manager.
3. That the CMWD Board authorizes the Executive Manager to extend the temporary relief
measures through June 30, 2020, or the end of the state of emergency, if necessary.
PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal Water
District of the City of Carlsbad on the 5th day of May, 2020, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Schumacher.
None.
None.
MATT HALL, President
~u:::bL: ~en
BARBARA ENGLESON, Secr~ry
(SEAL)
Sept. 28, 2021 Item #2 Page 44 of 51
Dear Carlsbad Resident,
Your water utility bill has a past due balance, and we wanted to make you
aware of an emergency rental and utility bill assistance program that the County of San Diego is currently offering to City of Carlsbad residents.
Funding is available to help eligible households in qualifying areas who have been financially impacted by the COVID-19 pandemic. The program provides payment assistance for renters who need help with rent and utilities. For more
information regarding this program, see the links listed below.
Please note, program applications are due by March 16, 2021.
•View the program flyer
•View the FAQ sheet
•Apply here
See additional resources regarding utility assistance in the County of San
Diego.
The City of Carlsbad is here to help you during these unprecedented times. If you have questions or concerns, you can call the Finance Department at 760-602-2420 for customer assistance.
Visit our Website
EXHIBIT 3
Sept. 28, 2021 Item #2 Page 45 of 51
County of San Diego
2021 Emergency Rental Assistance Program
Have you been financially impacted by
the COVID-19 pandemic?
Do you need help with rent and utilities?
The County of San Diego’s Emergency Rental Assistance Program (ERAP) helps eligible households in qualifying areas
who have been financially impacted by the COVID-19 pandemic. The program provides payment assistance for
renters behind on rent and utilities.
Areas Served: All areas of the San Diego region except for the cities of San Diego* and Chula Vista*.
•Carlsbad
•Coronado
•Del Mar
•El Cajon
•Encinitas
•Escondido
•Imperial Beach
•La Mesa
•Lemon Grove
•National City
•Oceanside
•Poway
•San Marcos
•Santee
•Solana Beach
•Vista
•Unincorporated
Communities
Eligibility Criteria:
•Household income must be at or below 80% Area Median Income (See chart below)
•Household must have experienced a financial hardship directly or indirectly related to COVID-19.
•Household is at risk of experiencing homelessness or housing instability.
•Households currently receiving rental subsidies such as Section 8, rapid rehousing assistance, or rental
assistance from non-profit agencies may apply to cover their portion of rent. ERAP assistance cannot
duplicate the assistance the household is currently receiving.
Apply Online Starting
March 2, 2021.
Apply at www.sdhcd.org. Only one application per household
will be processed. Applicants will be able to check their status on
the application portal at any point in the process.
If you do not have internet access and need assistance in
completing an application, call (858) 694-4801. A County
representative will be able to assist you.
For more information on ERAP, visit www.sdhcd.org
San Diego County Income Limits (80% AMI)
Number of People in
Household
Income equal to or less
than the following:
1 $67,900
2 $77,600
3 $87,300
4 $97,000
5 $104,800
6 $112,550
7 $120,300
8 $128,050
*Residents of the cities of San Diego and Chula Vista can visit www.ERAPsandiego.org
for information about rental assistance in their area.
Sept. 28, 2021 Item #2 Page 46 of 51
EXHIBIT 7
Sept. 28, 2021 Item #2 Page 47 of 51
Sept. 28, 2021 Item #2 Page 48 of 51
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Sept. 28, 2021 Item #2 Page 50 of 51
Sept. 28, 2021 Item #2 Page 51 of 51
Utility Billing Water Service
Shutoff and Late Fee Update
Vicki Quiram, Utilities Director/CMWD General Manager
Ryan Green, Finance Director
Sept. 28, 2021
{city of
Carlsbad
RECOMMENDATION
Adopt a resolution to:
•Approve an implementation plan to re-establish late fees and
shutoffs for customers that are:
–over 60 days late on their utility bill payments
–have not set up a payment plan per the city’s Residential
Water Service Shutoff Protection Policy
–or received available financial aid as of Dec. 31, 2021
BACKGROUND
March 4, 2020 State of Emergency Declared
Prohibited Water Shutoffs
May 5, 2020 CMWD Resolution
Confirmed prohibition and suspended late fee
charges
June 11, 2021 Governor set expiration date for the prohibition of water
shutoffs for Sept. 30, 2021
Sept. 23, 2021 SB 155 signed. Extended prohibition of shutoffs from
Sept. 30, 2021 to Dec. 31, 2021
BACKGROUND
•The CMWD Board resolution also suspended late-fee
charges -not required by the Governor’s executive order
on shutoffs
•There are currently over 400 customers that are over 60
days past due, for a total past due amount of
approximately $450,000
DISCUSSION
•Staff recommend a past due water bill implementation
plan, which will provide customers ample time to apply for
financial assistance and/or arrange to pay past-due
amounts
•Late-fee charges and shutoffs will resume in January 2022
for customers in arrears who do not arrange payment plans
with the Utility Billing Division or apply for and receive aid
OPTIONS
1.Approve an implementation plan to re-establish late fees and
shutoffs for customers that are over 60 days late on their
utility bill payments
2.Do not approve an implementation plan to reestablish late
fees and shutoffs for customers that are over 60 days late on
their utility bill payments
NEXT STEPS
•If the CMWD Board approves and the Governor’s executive order is
not extended, during October, CMWD will distribute door hangers
that give customers information on obtaining aid and setting up a
payment plan
•Staff will do everything that we can to direct customers to assistance
programs
•On Jan. 1, 2022, staff will resume the charging of late fees and
shutoffs. This will affect those customers that are 60 days past due on
their utility bill payments as of Dec. 31, 2021, and who do not pay
their arrearage or, if eligible, establish a formal payment plan by Dec.
31, 2021
RECOMMENDATION
Adopt a resolution to:
Approve an implementation plan to re-establish late fees and
shutoffs for customers that are over 60 days late on their utility bill
payments, have not set up a payment plan per the city’s Residential
Water Service Shutoff Protection Policy, or received available
financial aid as of Dec. 31, 2021
Thank you