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R 4077RESOLUTION NO. 4077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE REVISING THE PROCEDURES OF THE UTILITY BILLING COMMITTEE WHEREAS, It is in the public interest to provide a method of effectively and fairly resolving customer billing concerns on a timely basis; and WHEREAS, the Utility Billing Adjustments Committee ("Committee') was established to address and resolve customer billing concerns; and WHEREAS, this Resolution is intended to modify and revise the procedures of the Committee. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Arroyo Grande as follows: 1. The Committee rules attached hereto as Exhibit A and incorporated herein by the reference are hereby adopted. The Committee shall have the authority to resolve customer billing concerns, including',the reduction of any amounts billed, in accordance with established rules and regulations, up to a maximum of $500 per customer. Amounts exceeding $500 require the approval of the City Manager 3. Upon request made by the customers, any decisions made by the Committee shall be reviewed by the City Manager. All requests for review by the City Manager shall be filed ~by the customer, in writing, within ten (10) working days after the Committee's decision. The City Manager shall be authorized to amend the decision of the Committee as he/she deems appropriate. 4 Any decision made by the City Manager may be appealed by the customer to the City Council. Such appeal shall be filed, in writing, with the City Clerkwithin ten (10) working days after the City Manager's decision. 5. All meetings held by the Committee shall be subject to the applicable sections of the Ralph M. Brown Act pertaining to open public meetings. On motion of Council Member Costello, seconded by Council Member Guthrie, and on the following roll call vote, to wit: AYES: Council Members Costello, Guthrie, Arnold, Fellows, and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 8~h day of Apri1,2008. RESOLUTION NO.1-~17-7~ PAGE 2 TONYFER MAYOR ATTEST: ~~/L-~- KELLY ETI RE, CITY CLERK APPROVED AS TO CONTENT: S N ADA S, CITY MANAGER APPROVED AS TO FORM: 0 v~ ~~ TI THY J. MEL, CITY ATTORNEY ' EXHIBIT A UTILITY BILLING ADJUSTMENTS COMMITTEE PROCEDURES As updated on Apri18, 2008 1. When a customer requests that his/her billing concern be addressed by the Committee, no adverse action (such as discontinuance of service) shall be taken against the customer until final resolution by the Committee. 2. The Committee shall have the authority to resolve customer billing concerns, including the reduction of any amounts billed, in accordance with the established rules and regulations, up to a maximum of $500 per customer. Amounts exceeding $500 require the approval of the City Manager. 3. An administrative review by the Financial Services Director can be performed if the amount of the appeal/adjustment is fifty ($50) dollars or less. This review will allow adjustments of customer accounts on a more immediate basis. If a customer is not satisfied with the administrative review decision, the decision may still be appealed to the Committee. All subsequent avenues of appeal remain intact. 4. The Committee will be made up of one or more representatives from the Financial Services, Public Works and Community Development Departments. 5 If the issue involves the cost of the billing (such as increased water usage), the customer will be required to pay at least the bi-monthly billing minimum m order to prevent discontinuance of service. 6 In resolving billing matters, the Committee may use any process in reaching a decision: negotiation, consensus, or roll call vote. If a formal voting method is used, a majority vote is required. However, it is desirable that the Committee conduct its meetings in as informal a manner as possible. 7. The purpose of the Committee is to resolve billing concerns in a timely and fair manner. Meetings shall be held by the Committee bi-monthly on the third Thursday at 3:00 p.m. in the City Council conference room, as needed. The Committee's meetings are subject to the provisions of the Brown Act, which requires that the meeting be open to the public. 8 Customers should request a hearing by the Committee in writing. Customers should include any documentation that will support their appeal. For example, a copy of an invoice showing that a leak was repaired. 9. The Financial Services Department will be responsible for scheduling meetings. All efforts will be made to schedule meetings for the convenience of the customer as well as the members of the Committee. Special meetings may be scheduled to EXHIBIT A UTILITY BILLING ADJUSTMENTS COMMITTEE PROCEDURES accommodate customer needs. The Financial Services Department will be responsible for ensuring proper notification of special meetings. 10. In order to ensure timeliness in the resolution of billing matters, any member of the Committee may designate a representative to serve on the Committee in his/her place if they are unable to attend a scheduled meeting. All efforts should be made to ensure that there are three (3) members at each meeting, preferably one from each department. 11. All decisions of the Committee shall be provided to the customer in writing 12. If the customer is not satisfied with the decision of the Committee, he/she may appeal to the City Manager in writing within ten (10) working days after the Committee's decision. 13. If the customer is not satisfied with the decision of the City Manager, he/she may appeal to the City Council in writing within ten (10) working days after the City Manager's decision. 14. All decisions made by the Committee are final mrless a written appeal is received within the ten (10) working day requirement. 15. In resolving billing concerns, the Committee should consider circumstances unique to the customer along with any other individual equity matters. However, the Committee should also consider these concerns in terms of consistency with current billing policies and the effect of its decision on future billing policies and procedures. OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No.' 4077 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council/Redevelopment Agency of the City of Arroyo Grande on the 8t" day of April 2008. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 10~h day of April 2008. ~~ KELLY W TM RE, CITY CLERK