ORDER TO SHOW CAUSE FOR CHANGE OF NAME

Superior Court of California, 

County of Los Angeles

9425 Penfield Avenue Room 1200

Chatsworth, CA 91311

 

     Petition of: Jason Edward Howarth

 Change of Name

     Case #: 20CHCP00044

     Petitioner Jason Edward Howarth filed a petition with this court for a decree changing names as follows:

Present Name: Jason Edward Howarth, Proposed Name: Jason Edward Kincaid

 The Court Orders that all persons interested in this matter appear before this court at the hearing indicated below to show cause, if any, why the petition for change of name should not be granted.  Any person objecting to the name changes described above must file a written objection that includes the reasons for the objection at least two court days before the matter is scheduled to be heard and must appear at the hearing to show cause why the petition should not be granted. If no written objection is timely filed, the court may grant the petition without a hearing.

Notice of hearing 04/09/2020 at 8:30 AM; Dept.: F49 at the court noted above.

     Publish: 2/6, 2/13, 2/20 & 2/27/2020

San Fernando Sun

L12307

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ORDER TO SHOW CAUSE FOR CHANGE OF NAME

Superior Court of California, 

County of Los Angeles

9425 Penfield Avenue, 

Room 1200

Chatsworth, CA 91311

 

     Petition of: Hanh Minh Nguyen

 Change of Name

     Case #: 20CHCP00066

     Petitioner Hanh Minh Nguyen

 filed a petition with this court for a decree changing names as follows:

Present Name: Hanh Minh Nguyen, Proposed Name: Hanh Nguyen Tan

 The Court Orders that all persons interested in this matter appear before this court at the hearing indicated below to show cause, if any, why the petition for change of name should not be granted.  Any person objecting to the name changes described above must file a written objection that includes the reasons for the objection at least two court days before the matter is scheduled to be heard and must appear at the hearing to show cause why the petition should not be granted. If no written objection is timely filed, the court may grant the petition without a hearing.

Notice of hearing 04/10/2020 at 8:30 AM; Dept.: F47 at the court noted above.

     Publish: 2/13, 2/20, 2/27 & 3/5/20

San Fernando Sun

L12311

_________________________________

 

Summons (Family Law)

Case No. 18CHFL01805

Notice to Respondent:

MICHAEL BERGAN

You are being sued.

Petitioner’s name is: 

GLADIS LUCERO

 

You have 30 CALENDAR DAYS after this Summons and Petition are served on you to file a

Response

(form FL-120) at the court and a have a copy served on the petitioner. A letter. phone call or court appearance will not protect you. 

If you do not file your Response

on time, the court may make orders affecting your marriage or domestic partnership, your property, and custody of your children.  You may be ordered to pay support and attorney fees and costs. 

For legal advice, contact a lawyer immediately.  Get help finding a lawyer at the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), at the California Legal Services Web site (www.lawhelpca.org), or by contacting your local county bar association.

NOTICE: RESTRAINING ORDERS OR ON PAGE 2: These restraining orders are effective against both spouses or domestic partners until the petition is dismissed, a judgement is entered, or the court makes further orders.  These orders are enforceable anywhere in California by any law enforcement officer who has received or seen a copy of them.

FEE WAIVER:  If you cannot pay the filing fee, ask the clerk for a fee waiver form. The court may order you to pay back all or part of the fees and costs that the court waived for your or the other party. 

 

The name and address of the court are:

Los Angeles Superior Court Chatsworth

9425 Penfield Avenue

Chatsworth, CA 91311

The name, address, and telephone number of petitioner’s attorney, or petitioner without an attorney, are: 

The Law Office of Michelle E. Diaz

9045 Corbin Ave., Suite 280

Northridge, CA 91324

(818) 917-5486

Date (fecha): September 04, 2018

Signed by the clerk of the Superior Court: Sherri R. Carter

Notice to the Person Served: You are served as an individual.

 

PETITTIONER: GLADIS LUCERO RESPONDEDT: MICHAEL BERGAN 

 

PETITION FOR (X) Dissolution (Divorce) of: (X) Marriage 

1. LEGAL RELATIONSHIP a. We are married 

2. RESIDENCE REQUIREMENTS a. Petitioner - has been a resident of this state for at least six months and of this county for at least three months immediately preceding the filing of this Petition. (For a divorce, at least one person in the legal relationship described in items 1a and 1c must comply with this requirement.) 

3. STATISTICAL FACTS (1) Date of marriage (specity): 05/07/2012 (2) Date of separation (specify): 01/15/2013 (3) Time from date of marriage to date of separation (specify):  Years 7 Months 

4. MINOR CHILDREN a. There are no minor children. 

5. LEGAL GROUNDS (Family Code sections 2200-2210, 2310-2312) a. Divorce (1) irreconcilable differences. 

8. SPOUSAL OR DOMESTIC PARTNER SUPPORT b. Terminate (end) the court’s ability to award support to (x) Petitioner (x) Respondent 

9. SEPARATE PROPERTY b. (x) Confirm as separate property the assets and debts in (x) the following list. 2013 Volkswagon Jetta # 6XNP728 Petitioner, Chase Savings Account #3600 Petitioner, Chase Checking Account # 5852 Petitioner, Chase Visa Credit Card # 8929 Petitioner, Chase Visa Credit Card # 7560 Petitioner. 

10. COMMUNITY AND QUASI-COMMUNITY PROPERTY a. (x) There are no such assets or debts that I know of to be divided by the court. Date: 08/029/2018 /s/ Gladis Lucero, Kelly S. Kernohan, Esq 

Publish: 2/20, 2/27, 3/5 & 3/12/2020

San Fernando Sun

L12313

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PUBLIC NOTICE - In accordance with Sec.106 of the Programmatic Agreement, T-Mobile West, LLC plans to upgrade an existing telecommunications facility at 17525 Chatsworth Street San Fernando, CA 91344 . Please direct comments to Gavin L. at 818-898-4866 regarding site SV00485A.

2/20, 2/27/20

CNS-3341045#

SAN FERNANDO SUN

L12314

_________________________________

 

Notice of Public Lien Notice

 

Notice is here given pursuant to California Self Services Storage Facility Act, Chapter 10, Division 8, Section 21700 thru 21716 of the Business and Professional Code of the State of California that the Undersigned, City Storage of Van Nuys LLC DBA (City Self Storage) 7346 N. Sepulveda Blvd, Van Nuys, CA 91405-1751 Will Sell at Public Sale on March 10, 2020 at 10:00am; Valdemar Alvarado, entertainment center, chimney, bbq grill:  Demetrio Bacilio, boxes, plastic containers, mattress, box spring, vacuum, clothes, luggage, ladder, gardening tools, bicycle, sofa, speaker:  Melissa Delgado, boxes, coffee table, lamps, bags, bed frame, box spring:  Daisy Garcia, boxes, plastic containers, bags, stroller, duffle bags:  Jacinta Guevara, plastic containers, bags:  Eduardo Juarez, boxes, plastic containers, sofa, table, chairs, microwave, mattress, box spring:  Manuel Panduro, clothes, luggage:  Stephanie Ramirez, boxes, mattress, luggage, bags, office chairs, TV:  Anthony C. Ray, boxes, vacuum, clothes, mirror, TV, refrigerator, speakers:  George Salgado, boxes, fan, mirror, bags, sofa, mattress, box spring:  Audrey Thomas, boxes, refrigerator, sofa, lamps, end table, night stand, dresser, mini fridge, entertainment center:  Derek Tresvant, box, duffle bag, bags  

 

All units may contain other misc items. Said sale is for purpose of satisfying lien(s) of the undersigned Per Law. We reserve the right to refuse any and all sales. Dated. Signed. Auctioneer: Eddie Marquez, (818)780-6464 Bond 0358644

Publish: 2/20/2020 & 2/27/2020

L12315

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Summons (Family Law)

Case No. 19VEFL01825

Notice to Respondent:

MARICE HOSKINS

You are being sued.

Petitioner’s name is: 

NELMONIKA JONES

 

You have 30 CALENDAR DAYS after this Summons and Petition are served on you to file a Response

(form FL-120) at the court and a have a copy served on the petitioner. A letter, phone call or court appearance will not protect you. 

If you do not file your Response on time, the court may make orders affecting your marriage or domestic partnership, your property, and custody of your children.  You may be ordered to pay support and attorney fees and costs. 

For legal advice, contact a lawyer immediately.  Get help finding a lawyer at the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), at the California Legal Services Web site (www.lawhelpca.org), or by contacting your local county bar association.

NOTICE: RESTRAINING ORDERS OR ON PAGE 2: These restraining orders are effective against both spouses or domestic partners until the petition is dismissed, a judgment is entered, or the court makes further orders.  These orders are enforceable anywhere in California by any law enforcement officer who has received or seen a copy of them.

FEE WAIVER:  If you cannot pay the filing fee, ask the clerk for a fee waiver form. The court may order you to pay back all or part of the fees and costs that the court waived for your or the other party. 

 

The name and address of the court are:

Los Angeles Superior Court

6230 Sylmar Avenue

Van Nuys, CA 91401

The name, address, and telephone number of petitioner’s attorney, or petitioner without an attorney, are: 

Nelmonika Jones

8828 Burnet Ave #8

North Hills, CA 91343

(818) 290-0201

Date: December 2, 2019

Signed by the clerk of the Superior Court: Gerardo Garcia

Notice to the Person Served: You are served as an individual.

Publish 2/20, 2/27, 3/5 & 3/12/2020

San Fernando Sun

L12316

_________________________________

 

ORDER TO SHOW CAUSE FOR CHANGE OF NAME

Superior Court of California, 

County of Los Angeles

9425 Penfield Avenue

Chatsworth, CA 91311

 

     Petition of: Jashpreet Singh

 Change of Name

     Case #: 20CHCP00053

     Petitioner Jashpreet Singh filed a petition with this court for a decree changing names as follows:

Present Name: Jashpreet Singh, Proposed Name: Jashpreet Singh Dhillon The Court Orders that all persons interested in this matter appear before this court at the hearing indicated below to show cause, if any, why the petition for change of name should not be granted.  Any person objecting to the name changes described above must file a written objection that includes the reasons for the objection at least two court days before the matter is scheduled to be heard and must appear at the hearing to show cause why the petition should not be granted. If no written objection is timely filed, the court may grant the petition without a hearing.

Notice of hearing 04/06/2020 at 8:30 AM; Dept.: F49 at the court noted above.

     Publish: 2/20, 2/27, 3/5 & 3/12/20

San Fernando Sun

L12317

_________________________________

 

URGENCY ORDINANCE NO. 1692

 

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN FERNANDO, CALIFORNIA, AMENDING PROVISIONS OF ARTICLE III (WATER) OF CHAPTER 94 (UTILITIES) OF THE SAN FERNANDO MUNICIPAL CODE CONCERNING THE DISCONTINUATION OF RESIDENTIAL WATER SERVICE FOR NONPAYMENT

 

     WHERAS, the City of San Fernando (“City”) is a municipal corporation, duly organized under the California Consitution and laws of the State of California; and

 

     WHEREAS, the City owns and operates a public water system that supplies water to residential, commercial and industrial customers throughout the City’s jurisdiction; and

 

     WHEREAS, on September 28, 2018, Governor Brown signed Senate Bill No. 998 (“SB 998”) which added Chapter 6 (commencing with Section 116900) to Part 12 of Division 104 of the Health and Safety Code, relating to water; and 

 

      WHEREAS, SB 998 adopted new and expanded protections regarding the discontinuation of water service for nonpayment and related matters; and

 

      WHEREAS, the City Council of the City of San Fernando desires to immediately amend Sections 94-161 through 94-167 of Division I of Article III of Chapter 94 of the San Fernando Municipal Code to ensure consistency with the requirements of SB 998 and other laws which will take effect on February 1, 2020; and 

 

     WHEREAS, the City recognizes that proper service is required prior to the discontinuation of residential water services for nonpayment for the immediate preservation of public peace, health and safety of City residents; and

 

     WHEREAS, Government Code Sections 36934 and 36937 authorize the City to adopt an urgency ordinance for the immediate preservation of the public peace, health or safety. 

 

     NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN FERNANDO, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:

 

     SECTION 1. The recitals above are true and correct and incorporated herein by reference. 

 

     SECTION 2.  Urgency Findings.

 

A.  SB 998 took will take effect on February 1, 2020, rendering portions of Article III (Water) of Chapter 94 (Utilities) of the San Fernando Municipal Code unlawful.

 

B. The expeditious amendment of the City’s current regulations related to discontinuation of water residential water services for nonpayment would ensure compliance with state law, and promote public health, safety, and welfare.

 

     SECTION 3. Sections 94-161 through 94-167 of Division I (Generally) of Article III (Water) of Chapter 94 (Utilities) of the San Fernando Municipal Code are hereby amended in their entirety to state the folloiwng:

 

Sec. 94-161  Delinquent Bills and Discontinuation of Service.

 

(a)  Application. The procedures set forth under subsections (b) through subsection (f) of this Section shall apply to residential water consumers only.  For purposes of this Section 94-161, the capitalized term “Policy” shall be a collective reference to the policies and procedures set forth under subsections (b) through (f) of this Section, below. All other water consumers shall be governed by the provisions of subsection (g) of this Section and the provisions of Sections 94-162 through 94-167 and such other provisions of the San Fernando Municipal Code as may be applicable non-residential water consumers. The provisions of subsection (g) of this Section and Sections 94-162 through 94-167 shall have no application to residential water consumers.

 

(b)  Rendering and Payment of Bills. 

 

1.  Bills for residential water service will be rendered to each consumer on a bi-monthly basis.  Residential water service charges shall become due and payable upon presentation (hereinafter, the “Due Date”) and shall become delinquent if not paid within thirty (30) calendar days thereafter (hereinafter, the “Deliqnuency Date”).  As provided under subsection (b) of Section 94-154, if the day on which the payment of charges would otherwise be deliqneunt falls on a Saturday, Sunday or City-observed holiday, the next business day therafter shall be considered as the day on which the delinquency occurs. Except as otherwise provided under tWater service is subject to discontinuation if such charges are not paid within sixty (60) days from the Delinquency Date.  Payment may be made at San Fernando City Hall during the City’s normal business hours, excluding City-observed holidays and as provided under subsection (b) of Section 94-154 (Billing), above. It is the consumer’s responsibility to assure that payments are received by City in a timely manner.  Partial payments are not authorized unless prior approval has been received from the City.  Bills will be computed as follows:

 

(i)Meters will be read at regular intervals for the preparation of periodic bills and as required for the preparation of opening bills, closing bills, and special bills.

 

(ii)Bills for metered service will show the meter reading for the current and previous meter reading period for which the bill is rendered, the number of units, date, and days of service for the current meter reading.

 

(iii)City billings shall be paid in legal tender of the United States of America. Notwithstanding the foregoing, the City shall have the right to refuse any payment of such billings in coin.

 

2.  Delinquent Bills.  The following rules apply to residential consumers whose bills remain unpaid for more than sixty (60) days following the Delinquency Date:

 

(i)If less than a minimum bill (i.e., less than the account’s bi-monthly meter charge) remains unpaid on any billing, it shall be carried over and added to the next billing period.

 

(ii) Delinquency Notice.  If payment for a bill rendered is not made on or before the thirtieth (30th) day following the Due Date, a notice of delinquent payment (the “Delinquency Notice”) will be mailed to the consumer, provided that such notice must be delivered no less than seven (7) business days prior to any discontinuation of service date identified in the Delinquency Notice itself.  For purposes of this Policy, the term “business days” shall refer to any days on which San Fernando City Hall is regularly open for business.  If the consumer’s address is not the address of the property to which the service is provided, the Delinquency Notice must also be sent to the address of the property served, addressed to “Occupant.”  The Delinquency Notice must contain the following information:

 

a.   Consumer’s name and address;

b.   Amount of delinquency;

c. Date by which payment or arrangement for payment must be made to avoid discontinuation of service;

d.  Description of the process to apply for an extension of time to pay the amount owing as set forth under subsection (c), below;

e.    Description of the procedure to petition for review and appeal of the bill giving rise to the delinquency as set forth under subsection (d), below; and

f.     Description of the procedure by which the consumer  can request a deferred, amortized, reduced or alternative payment schedule as set forth under subsection (c), below.

 

The City may alternatively provide notice to the consumer of the impending discontinuation of service by telephone.  If that notice is provided by telephone, the City shall offer to provide the consumer with a copy of this Policy and also offer to discuss with the consumer the options for alternative payments, as described in subsection (c), below, and the procedures for review and appeal of the consumer’s bill, as described in subsection (d), below.

 

(iii)  Unable to Contact Customer.  If the City is unable to contact the consumer by written notice (e.g., a mailed notice is returned as undeliverable) or by telephone, the City will make a good faith effort to visit the residence and leave, or make other arrangements to place in a conspicuous location, a notice of imminent discontinuation of water service for non-payment, and a copy of this Policy.

 

(iv)  Late Charge.  A Late Charge in an amount approved by City Council resolution may be assessed and added to the outstanding balance on the consumer’s account if the amount owing on that account is not paid before the Delinquency Notice is generated.

 

(v) Water Shut-Off Deadline.  Payment for water service charges must be received at San Fernando City Hall no later than 5:00 p.m. on the date specified in the Delinquency Notice.  Payment made by regular mail that is postmarked prior to the water shut-off deadline but received by City after the deadline will be considered untimely.

 

(vi)  Notification of Returned Check.  Upon receipt of a returned check rendered as remittance of water service or other charges, the City will consider the account not paid.  The City will attempt to notify the consumer in person and leave a notice of termination of water service at the premises.  Water service will be disconnected if the amount of the returned check and returned check charge are not paid by the due date specified on the notice, which due date shall not be sooner than the date specified in the Delinquency Notice; or, if a Delinquency Notice has not been previously provided, no sooner than the sixtieth (60th) day after the Due Date for which payment by the returned check had been made.  To redeem a returned check and to pay a returned check charge, all amounts owing must be paid by cash or certified funds.

 

(vii)  Returned Check Tendered as Payment for Water Service Disconnected for Nonpayment.

 

a.If the check tendered and accepted as payment which resulted in restoring service to an account that had been disconnected for nonpayment is returned as non-negotiable, the City may discontinue said water service upon at least three (3) calendar days’ written notice.  The consumer’s account may only be reinstated by receipt of outstanding charges in the form of cash or certified funds.  Once the consumer’s account has been reinstated, the account will be flagged for a one-year period indicating that a non-negotiable check was issued by the consumer.

 

b.If at any time during the one year period described above, the consumer’s account is again disconnected for nonpayment, the City may require the consumer to pay cash or certified funds to have that water service restored.

 

3. Conditions Prohibiting Discontinuation.  The City shall not discontinue residential water service if all of the following conditions are met:

 

(i)             Health Conditions.  The consumer or tenant of the consumer submits certification of a primary care provider that discontinuation of water service would (i) be life threatening, or (ii) pose a serious threat to the health and safety of a person residing at the property.  (The term “primary care provider” shall have the same meaning as set forth under Section 116910(a)(1) of the California Health & Safety Code as the same may be amended from time to time.); and

 

(ii)          Financial Inability.  The consumer demonstrates he or she is financially unable to pay for water service within the water system’s normal billing cycle.  The consumer is deemed “financially unable to pay” if any member of the consumer’s household is: (i) a current recipient of the following benefits: CalWORKS, CalFresh, general assistance, Medi-Cal, SSI/State Supplementary Payment Program or California Special Supplemental Nutrition Program for Women, Infants, and Children; or (ii) the consumer declares the household’s annual income is less than 200% of the federal poverty level; and

 

(iii)  Alternative Payment Arrangements.  The consumer is willing to enter into an amortization agreement, alternative payment schedule, or a plan for deferred or reduced payment, consistent with the provisions of subsection (c) (Alternative Payment Arrangements), below.

 

4.           Process for Determination of Conditions Prohibiting Discontinuation of Service.  The consumer bears the burden of proving compliance with the conditions described in paragraph (3) of this subsection, above. To allow the City to commence the processing and consideration of any request for assistance by a consumer, the consumer shall first provide the City with all necessary documentation demonstrating the medical issues under paragraph (3)(i) of this subsection, above; financial inability under paragraph  (3)(ii) of this subsection, above; and a willingness to enter into any alternative payment arrangement under paragraph (3)(iii) of this subsection, above, as far in advance of any proposed date for discontinuation of service as possible.  Upon receipt of such documentation, the Finance Director, shall review such documentation and respond to the consumer within seven (7) calendar days with either request additional information, including information relating to the feasibility of the available alternative arrangements, or notify the consumer of the alternative payment arrangement, and terms thereof, under subsection (c), below, in which the City will allow the consumer to participate. For purposes of this Section, the capitalized term “Finance Director” shall mean the Finance Director the City of San Fernando or his or her designee.  If the City has requested additional information, the consumer shall provide the requested information within five (5) calendar days of receipt of the City’s written request.  Within five (5) calendar days of its receipt of the additional information, the City shall either notify the consumer in writing that the consumer does not meet the conditions of paragraph 3 of this subsection, above, or notify the consumer in writing of the alternative payment arrangement, and terms thereof, under subsection (c), below, in which the City will allow the consumer to participate.  Consumers who fail to meet the conditions described in paragraph  (3) of this subsection, above, must pay the delinquent amount, including any penalties and other charges, owing to the City by or before the latter of the following: (i) two (2) business days after the date of notification from the City of the City’s determination the consumer failed to meet those conditions; or (ii) the date of the impending service discontinuation, as specified in the Delinquency Notice.

 

5.Special Rules of Low Income Consumers.  Consumers are deemed to have a household income below 200% of the federal poverty line if: (i) any member of the consumer’s household is a current recipient of the following benefits: CalWORKS, CalFresh, general assistance, Medi-Cal, SSI/State Supplementary Payment Program or California Special Supplemental Nutrition Program for Women, Infants, and Children; or (ii) the consumer declares the household’s annual income is less than 200% of the federal poverty level.  If a consumer demonstrates either of those circumstances, then the following shall apply:

 

(i)Reconnection Fees.  If water service has been discontinued and is to be reconnected, then any reconnection fees during the City’s normal operating hours may not exceed $50, and reconnection fees during non-operational hours may exceed $150. Such fees may not exceed the actual cost of reconnection if that cost is less than the statutory caps.   Fee caps may be adjusted annually for changes in the Consumer Price Index for the Los Angeles-Long Beach-Anaheim metropolitan area beginning on January 1, 2021.

 

(ii)Interest Waiver.  The City shall not impose any interest charges on delinquent bills.

 

 

6.  Landlord-Tenant Arrangements. The below procedures apply to individually metered detached single-family dwellings, multi-unit residential structures and mobile home parks where the property owner or manager is the customer of record and is responsible for payment of the water bill.

 

(i)   Required Notice.

 

a.At least ten (10) calendar days prior if the property is a multi-unit residential structure or mobile home park, or seven (7) calendar days prior if the property is a detached single-family dwelling, to the possible discontinuation of water service, the City must make a good faith effort to inform the tenants/occupants at the property by written notice that the water service will be discontinued.

 

b.The written notice must also inform the tenants/occupants that they have the right to become customers to whom the service will be billed, without having to pay any of the then-delinquent amounts.

 

(ii)Tenants/Occupants As Customers.

 

a.The City is not required to make water service available to the tenants/occupants unless each tenant/occupant agrees to the terms and conditions for water service and meets the City’s requirements and rules.

 

b.If (i) one or more of the tenants/occupants assumes responsibility for subsequent charges to the account to the City’s satisfaction, or (ii) there is a physical means to selectively discontinue service to those tenants/occupants who have not met the City’s requirements, then the City may make service available only to those tenants/occupants who have met the requirements.

 

c.If prior service for a particular length of time is a condition to establish credit with the City, then residence at the property and proof of prompt  payment of rent for that length of time, to the City’s satisfaction, is a satisfactory equivalent.

 

d.If a tenant/occupant becomes a customer of the City and the tenant’s/occupant/s rent payments include charges for residential water service where those charges are not separately stated, the tenant/occupant may deduct from future rent payments all reasonable charges paid to the City during the prior payment method.

 

(c)Alternative Payment Arrangements.

 

For any consumer who meets the three conditions set forth in paragraph 3 of subsection (b), above, in accordance with the process set forth in paragraph 4 of subsection (b), above, the City shall offer the consumer one of the following alternative payment arrangements, to be selected by the City in City’s discretion: (i) amortization of the unpaid balance under paragraph  1 of this subsection, below; (ii) alternative payment schedule under paragraph  2 of this subsection, below; (iii) partial or full reduction of unpaid balance under paragraph3 of this subsection, below; or, (iv) temporary deferral of payment under paragraph 4 of this subsection, below.  The Finance Director, shall, in the exercise of reasonable discretion, select the most appropriate alternative payment arrangement after reviewing the information and documentation provided by the consumer and taking into consideration the consumer’s financial situation and City’s payment needs.

 

1.Amortization.  Any consumer who is unable to pay for water service within the City’s normal payment period and meets the three conditions set forth under paragraph 3 of subsection (b), above, as the City shall confirm, may, if the City has selected this alternative, enter into an amortization plan with the City on the following terms:

 

(i) Term.  The consumer shall pay the unpaid balance, with the administrative fee and interest as specified in paragraph 1(ii) of this subsection, below, over a period not to exceed twelve (12) months, as determined by the Finance Director; provided, however, that the Finance Director, in his or her reasonable discretion, may apply an amortization term of longer than twelve (12) months to avoid undue hardship on the consumer.  The unpaid balance, together with the applicable administrative fee and any interest to be applied, shall be divided by the number of months in the amortization period, and that amount shall be added each month to the consumer’s ongoing monthly bills for water service.

 

(ii)Administrative Fee; Interest.  For any approved amortization plan, the consumer will be charged an administrative fee, in the amount established by the City from time to time by resolution, representing the cost to the City of initiating and administrating the plan.  At the discretion of the Finance Director, interest at an annual rate not to exceed eight percent (8%) shall be applied to any amounts to be amortized under this paragraph 1.

 

(iii)Compliance with Plan.  The consumer must comply with the amortization plan and remain current as charges accrue in each subsequent billing period.  The consumer may not request further amortization of any subsequent unpaid charges while paying delinquent charges pursuant to an amortization plan.  Where the consumer fails to comply with the terms of the amortization plan for sixty (60) calendar days or more, or fails to pay the consumer’s current service charges for sixty (60) calendar days or more, the City may discontinue water service to the consumer’s property at least five (5) business days after the City posts at the consumer’s residence a final notice of its intent to discontinue service.  

 

2. Alternative Payment Schedule.  Any consumer who is unable to pay for water service within the City’s normal payment period and meets the three conditions set forth in paragraph 3 of subsection (b), above, as the City shall confirm, may, if the City has selected this alternative, enter into an alternative payment schedule for the unpaid balance in accordance with the following:

 

(i)Repayment Period.  The consumer shall pay the unpaid balance, with the administrative fee and interest as specified in paragraph 2(ii) of this subsection, below, over a period not to exceed twelve (12) months, as determined by the Finance Director; provided, however, that the Finance Director, in his or her reasonable discretion, may extend the repayment period for longer than twelve (12) months to avoid undue hardship on the consumer.

 

(ii)Administrative Fee; Interest.  For any approved alternative payment schedule, the consumer will be charged an administrative fee, in the amount established by the City from time to time by resolution, representing the cost to the City of initiating and administering the schedule.  At the discretion of the Finance Director, interest at an annual rate not to exceed eight percent (8%) shall be applied to any amounts to be amortized under this paragraph 2 of this subseciton.

 

(iii)Schedule.  After consulting with the consumer and considering the consumer’s financial limitations, theFinance Director, shall develop an alternative payment schedule to be agreed upon with the consumer.  The alternative schedule may provide for periodic lump sum payments that do not coincide with the City’s established payment date, may provide for payments to be made more frequently than monthly, or may provide that payments be made less frequently than monthly, provided that in all cases, subject to paragraph 2(ii) of this subsection, above, the unpaid balance and administrative fee shall be paid in full within twelve (12) months of establishment of the payment schedule.  The agreed upon schedule shall be set forth in writing and be provided to the consumer. 

 

(iv)Compliance with Plan.  The consumer must comply with the agreed upon payment schedule and remain current as charges accrue in each subsequent billing period.  The consumer may not request a longer payment schedule for any subsequent unpaid charges while paying delinquent charges pursuant to a previously agreed upon schedule.  Where the consumer fails to comply with the terms of the agreed upon schedule for sixty (60) calendar days or more, or fails to pay the consumer’s current service charges for sixty (60) calendar days or more, the City may discontinue water service to the consumer’s property at least five (5) business days after the City posts at the consumer’s residence a final notice of its intent to discontinue service. 

 

3. Reduction of Unpaid Balance.  Any consumer who is unable to pay for water service within the City’s normal payment period and meets the three conditions set forth in  paragraph 3 of subsection (b), above, as the City shall confirm, may, if the City has selected this alternative, receive a reduction of the unpaid balance owed by the consumer, not to exceed twenty percent (20%) of that balance; provided that any such reduction shall be funded from a source that does not result in additional charges being imposed on other City customers.  The proportion of any reduction shall be determined by the consumer’s financial need, the City’s financial condition and needs, and the availability of funds to offset the reduction of the consumer’s unpaid balance.

 

(i)Repayment Period.  The consumer shall pay the reduced balance by the due date determined by the Finance Director, which date (the “Reduced Payment Date”) shall be at least fifteen (15) calendar days after the effective date of the reduction of the unpaid balance.

 

(ii)Compliance with Reduced Payment Date.  The consumer must pay the reduced balance on or before the Reduced Payment Date, and must remain current in paying in full any charges that accrue in each subsequent billing period.  If the consumer fails to pay the reduced payment amount within sixty (60) calendar days after the Reduced Payment Date, or fails to pay the consumer’s current service charges for sixty (60) calendar days or more, the City may discontinue water service to the consumer’s property at least five (5) business days after the City posts at the consumer’s residence a final notice of its intent to discontinue service.

 

4. Temporary Deferral of Payment.  Any consumer who is unable to pay for water service within the City’s normal payment period and meets the three conditions set forth in paragraph 3 of subsection (b), above, as the City shall confirm, may, if the City has selected this alternative, have payment of the unpaid balance temporarily deferred for a period of up to six (6) months after the payment is due. The City shall determine, in its discretion, how long of a deferral shall be provided to the consumer.

 

(i)Repayment Period.  The consumer shall pay the unpaid balance by the deferral date (the “Deferred Payment Date”) determined by the Finance Director. The Deferral Payment Date shall be within twelve (12) months from the date the unpaid balance became delinquent; provided, however, that the Finance Director, in his or her reasonable discretion, may establish a Deferred Payment Date beyond that twelve (12) month period to avoid undue hardship on the consumer.

 

(ii)Compliance with Reduced Payment Date.  The consumer must pay the reduced balance on or before the Deferred Payment Date, and must remain current in paying in full any charges that accrue in each subsequent billing period.  If the consumer fails to pay the unpaid payment amount within sixty (60) calendar days after the Deferred Payment Date, or fails to pay the consumer’s current service charges for sixty (60) calendar days or more, the City may discontinue water service to the consumer’s property at least five (5) business days after the City posts at the consumer’s residence a final notice of its intent to discontinue services.

 

(d)Appeals.  The procedure to be used to appeal the amount set forth in any bill for residential water service is as follows:

 

1.Initial Appeal. Within ten (10) days of receipt of the bill for water service, the consumer has a right to initiate an appeal or review of any bill or charge rendered by the City.  Such request must be made in writing and be delivered to the Office of the City Clerk to the attention of the Finance Director.  For so long as the consumer’s appeal and any resulting investigation is pending, the City cannot discontinue water service to the consumer.

 

2.Delinquency Notice Appeal.  In addition to the appeal rights provided under paragraph 1 of this subsection, above, any consumer who receives an Delinquency Notice may request an appeal or review of the bill to which the Delinquency Notice relates at least five (5) business days after the date of the Delinquency Notice if the consumer alleges that the bill is in error with respect to the quantity of water consumption set forth on that bill; provided, however, that no such appeal or review rights shall apply to any bill for which an appeal or request for review under paragraph 1 of this subsection, above, has been made.  Any appeal or request for review under this subsection must be in writing and must include documentation supporting the appeal or the reason for the review.  The request for an appeal or review must be delivered to the Office of the City Clerk to the attention of the Finance Director within that five (5) business day period.  For so long as the consumer’s appeal and any resulting investigation is pending, the City may not discontinue water service to the consumer.

 

3.              Appeal Hearing.  Following receipt of a request for an appeal or review under paragraph 1 or 2 of this subsection, above, a hearing date shall be promptly set before the Finance Director.  After evaluation of the evidence provided by the consumer and the information on file with the City concerning the water charges in question, the Finance Director shall render a decision as to the accuracy of the water charges set forth on the bill and shall provide the appealing consumer with a brief written summary of the decision. 

 

(i)If water charges are determined to be incorrect, the City will provide a corrected invoice and payment of the revised charges will be due within ten (10) calendar days of the  invoice date for the revised charges.  If the revised charges remain unpaid for more than sixty (60) calendar days after the corrected invoice is provided, water service will be disconnected, on the next regular working day after expiration of that sixty (60) calendar day period; provided that the City shall provide the consumer with the Delinquency Notice in accordance with paragraph  2(ii) of subsection (b), above.  Water service will only be restored upon full payment of all outstanding water charges, penalties, and any and all applicable reconnection charges.

 

(ii)If the water charges in question are determined to be correct, the water charges are due and payable within two (2) business days after the Finance Director’s decision is rendered.  At the time the Finance Director’s decision is rendered, the consumer will be advised of the right to further appeal before a hearing officer designated by the City Manager (“Hearing Officer”).  Any such appeal must be filed in writing within seven (7) calendar days after the Finance Director’s decision is rendered if the appeal or review is an initial appeal under paragraph1 of this subsection, above, or within three (3) calendar days if the appeal or review is an Delinquency Notice appeal under  paragraph 2 of this subsection, above.  The appeal hearing will occur at a date agreed to by the consumer and the Hearing Officer.

 

(iii)For an initial appeal under paragraph 1of this section, above, if the consumer does not timely appeal to the Finance Director the water charges in question shall be immediately due and payable.  In the event the charges are not paid in full within sixty (60) calendar days after the original billing date, then the City shall provide with the Delinquency Notice in accordance with paragraph 1(ii) of subsection (b), above, and may proceed in discontinuing service to the consumer’s property.

 

(iv)For an Delinquency Notice appeal under paragraph  2 of this subsection, above, if the consumer does not timely appeal to the the Finance Director, then the water service to the subject property may be discontinued on written or telephonic notice to the consumer to be given at least twenty-four (24) hours after the latter to occur of: (i) the expiration of the original sixty (60) calendar day notice period set forth in the Delinquency Notice; or (ii) the expiration of the appeal period.

 

(v)When a hearing before a Hearing Officer is requested, such request shall be made in writing and delivered to the Office of the City Clerk to the attention of the City Manager.  The consumer will be required to personally appear before the the Hearing Officer and present evidence and reasons as to why the water charges on the bill in question are not accurate.  The the Hearing Officer shall evaluate the evidence presented by the consumer, as well as the information on file with the City concerning the water charges in question, and render a  decision as to the accuracy of said charges.

 

(vi)If the the Hearing Officer finds the water charges in question are incorrect, the consumer will be invoiced for the revised charges.  If the revised charges remain unpaid for more than sixty (60) calendar days after the corrected invoice is provided, water service will be disconnected, on the next regular working day after expiration of that sixty (60) calendar day period; provided that the City shall provide the consumer with the Delinquency Notice in accordance with paragraph 2(ii) of subsection (b), above.  Water service will be restored only after outstanding water charges and any and all applicable reconnection charges are paid in full.

 

(vii)If the water charges in question are determined to be correct, the water charges are due and payable within two (2) business days after the decision of the the Hearing Officer is rendered.  In the event that charges are not paid in full within sixty (60) calendar days after the original billing date, then the City shall provide the consumer with an Delinquency Notice in accordance with paragraph 3(ii) of subsection (b), above, and may proceed in discontinuing water service to the consumer’s property.

 

(viii)Any overcharges will be reflected as a credit on the next regular bill to the consumer, or refunded directly to the consumer, at the sole discretion of the the Hearing Officer.

 

(ix)Water service to any consumer shall not be discontinued at any time during which the consumer’s appeal is pending.

 

(x)The Hearing Officer’s decision shall be final and binding.

 

(e)Restoration of Water Services.  To resume or continue water service that has been discontinued by the City due to non-payment, the consumer must pay a security deposit and a Reconnection Fee established by the City Council by resolution, subject to the limitations set forth in in paragraph 5(i) of subsection (b), above.  The City will endeavor to make such reconnection as soon as practicable as a convenience to the consumer.  The City shall make the reconnection no later than the end of the next regular working day following the consumer’s request and payment of any applicable Reconnection Fee.

 

(f) Publication.  The City shall comply with the publication requirements of Health & Satety Code Section 116918 as the same may be amended from time to time.  

 

(g)Non-Residential Water Consumers.  This subsection shall apply to all non-residential water consumers. When all or any part of any water bill remains unpaid after the date on which it becomes delinquent, a penalty of ten percent of the total amount of such bill shall be added to such bill upon its becoming delinquent and shall be collected from the consumer. 

SECTION 4.  The title of Section 94-149 (Discontinuation of service) of Division I (Generally) of Article III (Water) of Chapter 94 (Utilities) of the San Fernando Municipal Code is hereby amended in its entirety to now state the following:

 

Sec. 94-149 – Consumer Requested Discontinuance of service.

 

SECTION 5.   Subsection (a) of Section 94-154 (Billing)  of Division I (Generally) of Article III (Water) of Chapter 94 (Utilities) of the San Fernando Municipal Code is hereby amended by the addition of the following sentence:

 

“The foregoing notwithstanding, charges for residential water service charges shall become due and payable as provided under Section 94-161 (Discontinuation of Residential Water Service for Non-Payment) of this Article, below.”

 

SECTION 5. CEQA. The City Council has determined that the proposed Urgency Ordinance is not a “project” as defined by the California Environmental Quality Act (CEQA) Guidelines Section 15378.

 

SECTION 6. Severability.  If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof.  The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional.

 

SECTION 7.Inconsistent Provisions. Any provision of the San Fernando Municipal Code or appendices thereto inconsistent with the provisions of this Urgency Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to implement the provisions of this Urgency Ordinance.

 

SECTION 8. Construction. The City Council intends this Urgency Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Urgency Ordinance shall be construed in light of that intent. To the extent the provisions of the San Fernando Municipal Code as amended by this Urgency Ordinance are substantially the same as the provisions of that Code as it read prior to the adoption of this Urgency Ordinance, those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.

 

SECTION 9.      Publication and Effective Date. This Urgency Ordinance is enacted pursuant to the authority conferred upon the City Council by Government Code Sections 36934 and 36937 and shall be in full force and effect upon its adoption by a four-fifths (4/5) vote of the City Council. The City Clerk shall cause this Urgency Ordinance to be published once in a newspaper of general circulation within fifteen (15) days after its adoption. 

 

PASSED, APPROVED, AND ADOPTED by the City Council of the City of San Fernando at a regular meeting held on 18th day of February, 2020.

 

CITY OF SAN FERNANDO

Joel Fajardo, Mayor      

 

ATTEST:

Elena G. Chávez, City Clerk

 

STATE OF CALIFORNIA  )

COUNTY OF LOS ANGELES )  SS

CITY OF SAN FERNANDO)

 

I, Elena G. Chávez, City Clerk of the City of San Fernando, do hereby certify that the above and foregoing Ordinance No. 1692 was passed and adopted by the City Council at its regular meeting duly held on the 18th day of February 2020 by the following votes to wit:

 

AYES:Fajardo, Pacheco, Ballin, Gonzales, Mendoza – 5

 

NOES:None

 

ABSENT:None

 

ABSTAIN:None 

 

Elena G. Chávez

City Clerk

 

Publish:  February 27, 2020 

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