HomeMy WebLinkAboutR-11082 adopting a Discontinuation of Residential Water Services for Non-Payment PolicyRESOLUTION N0.11082 (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADOPTING A DISCONTINUATION OF
RESIDENTIAL WATER SERVICES FOR NON-PAYMENT POLICY
WHEREAS, on September 28, 2018, the Water Shutoff Protection Act, Senate Bill No.
998 was signed into law (Health & Safety Code§ 116900, et seq. ("SB 998")); and
WHEREAS, SB 998 requires urban water suppliers, such as the City of San Luis Obispo
("City"), to adopt, by February 1, 2020, written policies governing the discontinuance of water
service to residential customers for nonpayment; and
WHEREAS, pursuant to existing law in effect prior to the enactment of SB 998, the City's
policies governing discontinuance of water service to residential customers were adopted by
ordinance and codified within the City's Code; and
WHEREAS, in order to comply with and implement the requirements of SB 998, the City
Council intends to adopt a Discontinuation of Residential Water Services Policy and to amend
City's Code, Chapter 13.04, consistent with all applicable legal requirements; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The City Council hereby adopts the attached Discontinuation of Residential
Water Services for Non-Payment Policy (the "Policy").
SECTION 2. The City Council hereby finds this action is not subject to and is exempt
from the California Environmental Quality Act, Public Resources Code section 21000, et seq.,
because it constitutes the making of general policy and procedure, it is not a project undertaken or
authorized by the District that will have a reasonably foreseeable impact on the environment, and
it can be seen with certainty that there is no possibility that the action may have a significant effect
on the environment. (Pub. Res. Code§ 21065; 14 Cal. Code Regs.§§ 15061(b)(3), 15378(b).)
SECTION 3. Severability. If any subdivision, paragraph, sentence, clause, or phrase of
this Policy is, for any reason, held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the
remaining portions of this Policy, or any other provisions of the City's rules and regulations. It is
the City's express intent that each remaining portion would have been adopted irrespective of the
fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared
invalid or unenforceable.
R 11082
Resolution No. 11082 (2020 Series) Page 2
SECTION 3. This Resolution shall become effective February 4, 2020.
Upon motion of Council Member Pease, seconded by Vice Mayor Gomez, and on the
following roll call vote:
AYES:
NOES:
ABSENT:
Council Member Christianson, Pease, Stewart, Vice Mayor Gomez and
Mayor Harmon
None
None
The foregoing resolution was adopted this 4th day of February 2020.
ATTEST: ~~'ylk+
Teresa Purrington
City Clerk
J ,.CQ:!i stine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this \'2.'+.\ day of TubrWM'::'( , 2020.
Teresa Purrington
City Clerk
R 11082