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HomeMy WebLinkAbout2021-08-19; Utility Billing Water Service Shut-Off Update (Districts - All); Gomez, PazTo the members of the: CITY COUNCIL Date8/i9}~ CA __j_ CC y._, CM _L ACM ~ DCM (3) Y-., Ccarlsbad Municipal Water District Memo ID #2021158 CMWD Board Memorandum Aug. 19,2021 To: From: Via: Re: Carlsbad Municipal Wa er o·strict Board of Directors Paz Gomez, Deputy Cit Ma ager, Public Works Laura Rocha, Deputy City , Administrative Services Vicki Quiram, General Man~ilH-++-- Scott Chadwick, Executive ana Utility Billing Water Service Shut-Off Update (Districts -All) This memorandum provides information related to the suspension of water service shut-offs during the COVID-19 State of Emergency. Background On March 4, 2020, Governor Newsom declared a State of Emergency as a result of the COVID-19 pandemic. The State of California Executive Order N-42-20 (Attachment A) prohibited the discontinuation of water service, or shut-offs, during the COVID-19 emergency. After the declaration of the COVID-19 pandemic State of Emergency, the Executive Manager implemented, and the Carlsbad Municipal Water District (CMWD) Board of Directors confi rmed by Resolution No. 1639 (Attachment C) on May 5, 2020, the suspension of potable water shut- offs. Although it was not required by the Governor's order, the CMWD Board resolution also suspended late-fee charges until the end of the State of Emergency. Discussion The City of Carlsbad's Finance Department, Utilities Billing Division, manages the CMWD water billings and collections. Because of State of California Executive Order N-42-20, and the Board's Resolution No. 1639, CMWD and the Utilities Billing Division suspended water service shut-offs and late fee charges in March 2020. The city continues to issue past due notices and phone alerts to customers whose accounts are over 60 days past due, encouraging them to pay as much as possible to avoid large balances that will be subject to a late fee and/or risk water shut-off in the future. Currently, there are over 400 customers that are over 60 days past due. CMWD cannot forgive the debt of any of its customers because the district is a public entity subject to Article XIII C and D of the California Constitution, or Proposition 218. Under Proposition 218, CMWD may only charge rates that are proportional to its costs of providing water to each customer. In other words, no customer may be charged more than CMWD's Carlsbad Municipal Water District 5950 El Camino Real I Carlsbad, CA 92008 I 760-438-2722 Board Memo -Utility Billing Water Service Shut-Off Update (Districts -All) Aug. 19,2021 Page 2 actual cost to provide water to that individual customer. Since CMWD must recoup water service costs from all its customers, forgiveness of water bills would therefore mean that some customers would pay more than CMWD's actual cost to provide them water service. Unless state or federal programs are implemented to cover these costs, each customer must ultimately pay for the water they use. On June 11, 2021, Governor Newsom issued the State of California Executive Order N-08-21 (Attachment B), which included language that stated that Executive Order N-42-20, which prohibited water shut-offs during the COVID-19 emergency, will expire on Sept. 30, 2021. Assuming the Governor issues no further executive orders on the subject, beginning Oct. 1, 2021, staff could recommend that shut-off procedures following CMWD's Residential Water Service Shut-off Protection Policy, approved by CMWD Resolution No. 1625 (Attachment D), begin on Oct. 1, 2021. However, staff plan to return to the CMWD Board of Directors on Sept. 28, 2021, with a recommendation to implement a past due water bill plan which will provide customers ample time to apply for financial assistance and/or arrange to pay past due amounts. If arrangements are not made pursuant to the water bill plan, shut-offs and late fee charges will resume in January 2022. A preview of the plan is as follows: • October 2021, door hangers will be issued to customers that are over 60 days past due, informing them that CMWD will resume shutting off water service for delinquent utility bill customers that have not pursued or obtained an alternative procedure for payment by contacting Utilities Billing Division or through available financial aid programs. o The door hangers will include links to the San Diego County's Emergency Rental and Utilities Assistance Program, which still has money available for qualifying households, any other state and federal assistance programs that are becoming available and referring customers to call 2-1-1 San Diego to be referred to local nonprofit organizations for financial help. • Customers will be given until Dec. 31, 2021, to bring their accounts current before shut- off procedures will begin. • For those accounts that are not current by Dec. 31, 2021, and did not pursue or obtain an alternative procedure, staff will begin the water service shut-off procedures starting Jan. 1, 2022, with the first billing cycle and continuing through all the billing cycles during the month of January 2022. • All notices and procedures for shutting off water service are described in the Shut-off Policy (Attachment D). • Once a customer's water service is shut-off, a disconnect fee of $44 must be paid, along with any balance over 60 days past due and a water service reconnection fee (currently $72 for next-day service). Board Memo -Utility Billing Water Service Shut-Off Update (Districts -All) Aug. 19,2021 Page 3 Next Steps On Sept. 28, 2021, staff plan to return to the CMWD Board of Directors with a recommended plan for resuming shut-offs and late fees. Staff will continue to monitor the Governor's executive orders regarding the State of Emergency and discontinuance of water service. If the Governor's Executive Order N-42-20 prohibiting the discontinuation of water service during the COVID-19 emergency is not extended past Sept. 30, 2021, and the CMWD Board of Directors approves the recommended process above at its Sept. 28, 2021, Board Meeting, staff will begin implementing the Shut-off Policy and resume late fees as of Jan. 1, 2022. Attachments: A. Executive Order N-42-20 B. Executive Order N-08-21 C. CMWD Board Resolution No. 1639 D. CMWD Board Resolution No. 1625 cc: Geoff Patnoe, Assistant Executive Manager Celia Brewer, General Counsel Cindie McMahon, Assistant General Counsel Robby Contreras, Assistant General Counsel Gary Barberio, Deputy City Manager, Community Services David Graham, Chief Innovation Officer Ryan Green, Finance Director James Wood, Environmental Management Director Cheryl Gerhardt, Finance Manager Eric Sanders, Utilities Manager Mario Remillard, Meter Services Supervisor Mika Imoto, Water Conservation Specialist EXECUTIVE DEPARTMENT STATE OF CALIFORNIA EXECUTIVE ORDER N-42-20 ATTACHMENT A 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 it is the established policy of the State under Water Code section l 06.3 that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purpose·s; and WHEREAS to limit the spread of COVID-19 it is crucial that Californians wash their hands regularly and thoroughly; and WHEREAS many Californians are experiencing or will experience substantial losses of income as a result of business closures, the loss of work hours or wages, or layoffs related to COVID-19, which 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; and 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 l 00 public and private water systems have voluntarily agreed to halt disconnections as well; and WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with the various statutes and regulations concerning water shutoffs specified in this order would prevent, hinder, or delay appropriate actions to prevent and 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 State Constitution and the statutes of the State of California, and in particular, Government Code sections 8567, 8570, 8571, and 8627, do hereby issue the following order to become effective immediately: IT IS HEREBY ORDERED THAT: l) The authority of urban and community water systems, as defined in Health and Safety Code section 116902, subdivision (d), to discontinue residential service, as defined in Health and Safety Code section 116902, subdivision (c), for non-payment under Health and Safety Code sections 116908 and 116910, is suspended. 2) Water systems not subject to the requirements of Health and Safety Code sections 116908 and 116910 shall not discontinue residential service, as defined in Health and Safety Code section 116902, subdivision (c), for non-payment. 3) Water systems shall restore any residential service to occupied residences that has been discontinued for nonpayment since March 4, 2020. 4) Water systems shall not discontinue service to any business in the critical infrastructure sectors designated by the State Public Health Officer as critical to protect the health and well-being of all Californians that qualifies as a small business under 13 C.F.R. § 121 .201 of the Small Business Administration's regulations. 5) The State Water Resources Control Board shall identify best practices, guidelines, or both to be implemented during the COVID-19 emergency '(i) to address non-payment or reduced payments, (ii) to promote and to ensure continuity of service by water systems and wastewater systems, and (iii) to provide measures such as the sharing of supplies, equipment and staffing to relieve water systems under financial distress. Nothing in this Order eliminates the obligation of water customers to pay for water service, prevents a water system from charging a customer for such service, or reduces the amount a customer already may owe to a water system. Nothing in this Order modifies the obligations of urban and community waters systems to comply with provisions of the Water Shutoff Protection Act not specifically addressed by this Order or other applicable laws, regulations, and guidelines. 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. NESS WHEREOF I have hereunto set nd and caus d the Great Seal of the of California be affixed this 2nd f April 2020. ATTEST: ALEX PADILLA Secretary of State EXECUTIVE DEPARTMENT STATE OF CALIFORNIA EXECUTIVE ORDER N-08-21 ATTACHMENT B 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 Califomia, 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. 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 1; 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 1; 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 exp!ration; d. Paragraph 10. 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 grdnted 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 l. 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. 1 O) Executive Order N-40-20: a. Paragraph 1. For rulemakings published in the California Regulatory Notice Register pursuant to Government Code section 11346.4(0) (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 10). 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 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 i; 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 l; b. Paragraph 3. For determinations made on or before June 30, 2021 , the discharge date shall 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 cir 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 l. Statutory deadlines related to cost reports, change in scope of service requests, and reconciliation requests occurring on or before June 30, 2021 shall remain subject to the extended deadline in the aforementioned order; b. Paragraph 4; c. Paragraph S; d. Paragraph 6; e. Paragraph 8; f. Paragraph 9; g. Paragraph 1 O; 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 8(0) (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 8(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 deadline setting the time for the Labor Commissioner to issue any citation under the Labor Code, including a civil wage and penalty assessment pursuant to Labor Code section 17 41, 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 shall be effective based on the timeframe in existence before the aforementioned order; h. Paragraph 9(e) (as extended and modified by N-71-20, Paragraph 41); i. Paragraph 1 O; 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 shall 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. 27) Executive Order N-68-20: a. Paragraph l. 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 l; b. Paragraph 4; c . Paragraph 16. Where the statutory deadline for opening 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-7 6-20, Paragraph 3. 31) Executive Order N-77-20: a. Paragraph l; b. Paragraph 2; and c. Paragraph 3. 32) Executive Order N-78-20 (as extended and modified by N-03-21 ): a. Paragraph l; 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 shall remain valid until the effective expiration; b. Paragraph 5 (which repealed and replaced N-71-20, Paragraph 19, which extended N-52-20, Paragraph 1, 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 1; 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. 42) Executive Order N-29-20, Paragraph 3, is withdrawn and replaced by the following text: Notwithstanding any other provision of state or local la.w (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 shall also: (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 for~going 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. 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 . 51) 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 l O is withdrawn and superseded by the following text: Paragraph 42 of this Order, including the conditions specified therein, shall 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.l(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, 2021 and medical verification of pregnancy must be submitted within 30 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. 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. GAVIN NEWSOM Governor of California ATTEST: SHIRLEY N. WEBER, PH.D. Secretary of State ATTACHMENT C 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 Disiji~ ~f ~6ity of Carlsbad, California, as follows: Item #5 Page 4 of 5 l. 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: May 5, 2020 Hall, Blackburn, Bhat-Patel, Schumacher. None. None. MATT HALL, President ~ Qab ~if) BARBARA ENGLESON, Secr~~ry (SEAL) Item #5 Page 5 of 5 ATTACHMENT D 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. Dec. 10,2019 -4-J{,~..::....:;o,o:;c...=..-..:;___o.,.:~....:....l-!t~--'--"-kt, Gt,/l?ti I ~P,ll!J ,;/ BARBARA ENGLESON, ECRETARY C 1:, (SEAL) CJt1..t 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 shut offs 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 l 0% 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 116900-116926) Effective: February 1, 2020 Page 1 of 5 Last Updated: February l, 2020 Printed on: December 3, 2019 Dec. 10,2019 Item #9 Page 80 of 90 I ,. {_earls bad Municipal Water District RE SIDENTIAL WATER SERVICE SHUTOFF PROTECTION POLICY FOR NONPAYMENT OF CHARGES 25 NOTIFICATIONS 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 36 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 60 (10) days before·water service is shut off. The written notice will advise the tenants/occupants that 51 they have the right to become c;:ustorners 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 65 document indicating the occupant is renting the property, or other acceptable proof. Reference: Water Shutoff Protection Act (Health and Safety Code sections 116900-116926) Effective:Februaryl,2020 Page 2 ofS lr~~~~!eitff~ruary 1, 2020 lterrii1?:l0d on: ~cig~~i 36¥~0 ~Carlsbad Municipal Water District RESIDENTIAL WATER SERVICE SHUTOFF PROTECTION POLICY FOR NONPAYMENT OF CHARGES S6 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 S8 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 6S 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 q.ays 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. Awritten 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 bili 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 I, 2020 Page 3 ofS tf~t~1l5!~~ruary 1, 2020 ltentw.Jed on: ~,r~~3o~qj0 (_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 o Demonstrate a medical need for continued water service by providing certification from a 99 Primary Care Provider that water service shutoff will be life-threatening or pose a serious l 00 threat to the health and safety of any person residing at the service address. 1 O 1 o Demonstrate financial hardship by showing the customer is financially unable to pay for l 02 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 I 06 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. l 09 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 117 delinquent charges from a previous bill. Reference: Water Shutoff Protection .lict {Health and Safety Code sections ll 6900-l l 69Z6) Effective: February 1, 2020 Page 4 ofS ~t ~:r_ttf,1:lt)i'!f ruary I, 2020 lte mPfi9ted on: \3~'glr~ t,f~ \._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 a:r;rangement 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 serv~ce 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 bus~ess 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 136 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 ofS ~t?11.'tf;8fo1.~ruary I, 2020 ltemPfi9ted on: 'P1fggt~4 ~f~