HomeMy WebLinkAboutOrdinance 2791 N.C.S. 09/20/2021 DocuSign Envelope ID:C8712C76-9656-4778-BD26-3356E32BA296
EFFECTIVE DATE ORDINANCE NO. 2791 N.C.S.
OF ORDINANCE
November 3, 2021
Introduced by: Mike Healy Seconded by: Dennis Pocekay
ORDINANCE OF THE CITY OF PETALUMA CITY COUNCIL AMENDING SECTION 15.12.060
OF THE PETALUMA MUNICIPAL CODE ENTITLED "DISCONTINUATION OF SERVICE -
NOTICE" IN ACCORDANCE WITH THE REQUIREMENTS OF CALIFORNIA HEALTH
AND SAFETY CODE SECTION 116906
WHEREAS, the City of Petaluma (City) operates a public water system that supplies water to residential,
commercial, and industrial customers; and
WHEREAS, in 2018, the California Legislature adopted Senate Bill 998, which is codified in California
Health and Safety Code Section 11690 and following,imposes new and expanded customer protections regarding
discontinuance of residential water service for nonpayment and related matters; and
WHEREAS, California Health and Safety Code Section 116906 requires each urban and community water
system, including the City, to have a written policy on discontinuance of residential service for nonpayment, and
such written policy must address specified subjects required by law; and
WHEREAS, the City desires to adopt a policy that complies with the requirements of Senate Bill 998 and
the requirements of existing laws, and that also includes the City's procedures and practices in connection with
the collection of delinquent accounts, including notifications, and the termination of water service; and
WHEREAS, a policy that will satisfy the requirements of Health and Safety Code Section 116906 is attached
to this Ordinance as Exhibit A; and
WHEREAS, the proposed action is exempt from the requirements of the California Environmental Quality
Act (CEQA) in accordance with CEQA Guidelines Section 15378, in that adopting a Policy for discontinuance
of residential water service does not meet CEQA's definition of a"project,"because the action does not have the
potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect
physical change in the environment, and because the action constitutes organizational or administrative activities
of governments that will not result in direct or indirect physical changes in the environment; and
WHEREAS,because the City's compliance with SB 998 is mandatory,the proposed action also qualifies for
the"ministerial"exemption in CEQA Guidelines Section 15002(i)(1)which provides that"where the law requires
a government agency to act on a project in a set way without allowing the agency to use its own judgement, the
project is . . . `ministerial' and CEQA does not apply."
NOW THEREFORE,BE IT ORDAINED by the City Council of the City of Petaluma as follows:
Section 1: Findings. The above recitals are hereby declared to be true and correct and are incorporated into
this ordinance as findings of the City Council.
Ordinance No. 2791 N.C.S. Page 1
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Section 2: Exemption from CEQA. The proposed action is exempt from the requirements of the California
Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378, in that adopting a
Policy for discontinuance of residential water service does not meet CEQA's definition of a "project," because
the action does not have the potential for resulting in either a direct physical change in the environment or a
reasonably foreseeable indirect physical change in the environment, and because the action constitutes
organizational or administrative activities of governments that will not result in direct or indirect physical changes
in the environment. Because the City's compliance with SB 998 is mandatory, the proposed action also qualifies
for the "ministerial" exemption in CEQA Guidelines Section 15002(i)(1) which provides that "where the law
requires a government agency to act on a project in a set way without allowing the agency to use its own
judgement, the project is . . . `ministerial' and CEQA does not apply.
Section 3. Amendment of Section 15.12.060. Section 15.12.060 of the Petaluma Municipal Code, entitled
"Discontinuance of service-notice" is hereby amended to read in its entirety as follows:
(bold underlined is added text; st-Fi,ethr-,,,,g is deleted text)
Discontinuation of service-Notice.
A. Any residential consumer's water service may be discontinued for nonpayment of a bill for water
service furnished in accordance with the City of Petaluma Policy for Collection and Discontinuation
of Service for Nonpayment as adopted on September 20,2021 pursuant to Resolution no. N.C.S.
and as such policy may be amended from time to time. if the bill is net paid within thifty days after-the
billing date.
B. Any non-residential consumer's water service may be discontinued for nonpayment of a bill for
water service furnished if the bill is not paid within sixty days after the billing date.
C. A consumer's water service, whether residential or non-residential, may also be discontinued for
nonpayment of a bill for water service furnished at a previous or different location served by the city, in
accordance with Subsections A or B above if siieh bill is not paid within" five days after-the billi
da4e at the new leeation—
D. No non-residential service will be discontinued under this section until at least ten seven business
days after a delinquent and impending discontinuation notice is mailed to such consumer stating the
city's intention to discontinue service. Stie , ,.har-ges shall be sot ,,,.eor-, ing t Chapter 15.16.
Section 4_ Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is for
any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or
preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions
of this ordinance. The City Council hereby declares that it would have passed and adopted this ordinance and
each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared
unconstitutional, unlawful or otherwise invalid.
Section 5. Effective Date. This ordinance shall become effective thirty(30) days after the date of its adoption
by the City Council in accordance with Article XII, Section 76A of the Petaluma Charter.
Section 6. Posting/Publishing of Notice. The City Clerk is hereby directed to publish or post this ordinance
or a synopsis for the period and in the manner provided by the City Charter and other applicable law.
Ordinance No. 2791 N.C.S. Page 2
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INTRODUCED and ordered posted/published the 20th day of September 2021 by the following vote:
Ayes: Mayor Barrett, Vice Mayor Barnacle, Fischer, Healy, King, McDonnell, Pocekay
Noes: None
Abstain: None
Absent: None
ADOPTED this 4th day of October 2021 by the following vote:
Ayes: Mayor Barrett, Vice Mayor Barnacle, Healy, King, McDonnell, Pocekay
Noes: None
Abstain: None
Absent: Fischer
D'olcuSigned by:
Teresa Barrett, Mayor
ATTEST: APPROVED AS TO FORM:
DocuSigned by: DocuSigned by:
Kendall Rose,CMC, City Clerk Eric Danly, City Attorney
Ordinance No. 2791 N.C.S. Page 3