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Ordinance No. 332 ORDINANCE NO. 332 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, AMENDING THE CHINO HILLS MUNICIPAL CODE, TITLE 13 (PUBLIC SERVICES), CHAPTER 13.05 (UTILITY BILLING), SECTION 13.05.100 (RETROACTIVE ADJUSTMENTS), TO BRING THE TIME PERIOD FOR RETROACTIVE ADJUSTMENTS INTO CONFORMITY WITH CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 338(A) WHEREAS, the utility billing rules and regulations were added to the Municipal Code of the City of Chino Hills on November 10, 2009; and WHEREAS, California Code of Civil Procedure § 338(a) identifies the statute of limitations for any liability created by statute (other than a penalty or forfeiture) as being within three years; and WHEREAS, the statute of limitations in California Code of Civil Procedure § 338(a) is broader than what is in the City's code. The City of Chino Hills Municipal Code provides a minimal statute of limitations for retroactive adjustments of utility bills whereas the state code provides a lengthened statute of limitations; and WHEREAS, it is deemed to be in the City's best interest to adjust the time period in the Chino Hills Municipal Code for retroactive adjustments to be in conformity with California Code of Civil Procedure Section 338(a); and WHEREAS, adoption of this Ordinance is not subject to review under the California Environmental Quality Act ("CEQA") under CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Chapter 13.05, Utility Billing, is hereby amended to read as follows: 13.05.100 - Retroactive Adjustments Retroactive adjustments will be provided to a customer's utility bill when an error in customer billing has occurred. The maximum period for retroactive adjustments is three (3) years before the date that the City is first notified in writing, in the form and manner prescribed by the Director, of the error. Any overpayment or under billing adjustments will be included as a credit or charge on the customer's future utility bill(s), unless other arrangements are requested by the customer and approved by the Director. Page 1 of 4 SECTION 2. Inconsistencies. Upon the effective date of this Ordinance, the provisions hereof shall supersede any inconsistent or conflicting provisions of the San Bernardino County Code as the same were adopted by reference by City Ordinance Nos. 91-01 and 92-02. Any provision of the Chino Hills Municipal Code (CHMC) or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistences and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 3. Interpretation. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 4. Effect of Repeal. Repeal of any provision of the CHMC does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 5. Effect of Invalidation. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the CHMC or other City Ordinance by this Ordinance will be rendered void and cause such previous CHMC provision or other City Ordinance to remain in full force and effect for all purposes. SECTION 6. Preservation. Repeal or amendment of any previous Code Sections does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 7. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 8. Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Chino Hills's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. Page 2 of 4 SECTION 9. Effective Date. This Ordinance will take effect on the 30th day following its final passage and adoption. PASSED, APPROVED, AND ADOPTED THIS 13th day of November, 2018. PETER ERS, MfYOR ATTEST: CHERYL BALL/CITY CL-Rt APPROVED AS TO FORM: .7(- 1 - MARK D HENSLEY(CITY'ATTORN Page 3 of 4 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF CHINO HILLS ) I, CHERYL BALZ, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY that Ordinance No. 332 was duly introduced at a regular meeting held October 23, 2018; and adopted at a regular meeting of the City Council held on the 13th day of November 2018 by the following vote, to wit: AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ, MARQUEZ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE CHERYL BAL4C.ItY CLLR-K' I hereby certify that the foregoing is the original of Ordinance No. 332 duly passed and adopted by the Chino Hills City Council at their regular meeting held on November 13, 2018 and that summaries of the Ordinance were published on November 3, 2018 and November 17, 2018 in the Chino Hills Champion newspaper. CHERYL BAL CI Y CLEFK Page 4 of 4 IVO City of Chino Hills CITY OF CHINO HILLS AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) §. CITY OF CHINO HILLS ) LYNNAE SISEMORE, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of Chino Hills; That in compliance with the State laws of the State of California, a certified copy of the full text of a proposed Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, AMENDING THE CHINO HILLS MUNICIPAL CODE, TITLE 13 (PUBLIC SERVICES), CHAPTER 13.05 (UTILITY BILLING), SECTION 13.05.100 (RETROACTIVE ADJUSTMENTS), TO BRING THE TIME PERIOD FOR RETROACTIVE ADJUSTMENTS INTO CONFORMITY WITH CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 338(A) attached hereto and made a part hereof, was caused to be posted in the Office of the City Clerk. Dated this 16th of November, 2018. „y"--) LYNK?E/ ISEMORE, ASSF8TANT CITY CLERK PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Bernardino I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the publisher of the CHINO CHAMPION, a newspaper of general circulation, printed and published weekly in the City of Chino, County of San Bernardino, and which newspaper has been adjudged a PUBLIC NOTICE OF newspaper ofgeneral circulation bythe Superior Court of the ADOPTION OF p CITY OF CHINO HILLS County of San Bernardino,State of California, under the date ORDINANCE NO.332 of August 5, 1952, Case Number 73453; that the notice, of NOTICE IS HEREBY GIVEN that on November 13,2018,the City Council which the annexed is a printed copy (set in type not smaller of the City of Chino Hills adopted Ordinance No.332 entitled: than nonpareil), has been published in each regular and AN ORDINANCE OF THE CITY entire issue of said newspaper and not in any supplement COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, AMENDING thereof on the following dates, to-wit: THE CHINO HILLS MUNICIPAL CODE, TITLE 13, (PUBLIC SERVICES), CHAPTER 13.05 (UTILITY BILLING), November 17, all in the year 2018 SECTION 13.05.100(RETROACTIVE ADJUSTMENTS), TO BRING THE TIME PERIOD FOR RETROACTIVE I certify (or declare) under penalty of perjury that the ADJUSTMENTS INTO CONFORMITY WITH CALIFORNIA CODE OF CIVIL foregoing is true and correct. PROCEDURE SECTION 338(A) The Ordinance amends Title 13, Chapter 13.05.100 of the Chino Dated at Chino, California, this 17th day of Hills Municipal Code to bring the time period for retroactive adjustments into. November 201 conformity with California Code of Civil Procedure ). Ordinance lNo. 332 on wasadopted by the City Council by the following vote: Ayes: Rogers,Moran,Bennett, JohszNone,Marquez Noes: mil) (Signature) — Absent: None Abstain:None Suzanne Rojas NOV 2 1 2018 A certified copy of the full text IU of Ordinance No. 332 is available for review in the office of the City Clerk, City of Chino Hills, 14000 City Center ACCOUNTS PAYABLE Drive,Chino Hills. DATED: November 14,2018 Champion PUBLISH: Chino Hills Champion November 17,2018 778-18 Serving the Chino Valley and Chino Hills 9th & D Streets • P.O. Box 607 Chino, California 91708 Phone: (909) 628-5501 Adjudicated August 5, 1952 Case No. 73453 PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Bernardino I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the publisher of the CHINO CHAMPION, a newspaper of general circulation, printed and published weekly in the City of Chino, County of San Bernardino, and which newspaper has been adjudged a PUBLIC NOTICE OF ADOPTION OF newspaper of general circulation by the Superior Court of the CITY OF CHINO HILLS ORDINANCE NO.332 County of San Bernardino, State of California, under the date NOTICE IS HEREBY GIVEN that of August 5, 1952, Case Number 73453; that the notice, of on November 13,2018,the City Council of the City of Chino Hills adopted which the annexed is a printed copy (set in type not smaller Ordinance No.332 entitled: AN ORDINANCE OF THE than nonpareil), has been published in each regular and CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, entire issue of said newspaper and not in any supplement AMENDING THE CHINO HILLS 13, thereof on the followingdates, to-wit: MUNICIPAL CODE, TITLEH E (PUBLIC SERVICES), CHAPTER 13.05 (UTILITY BILLING), SECTION 13.05.100 (RETROACTIVE November 17, all in the year 2018 ADJUSTMENTS), TO BRING THE TIME PERIOD FOR RETROACTIVE ADJUSTMENTS INTO CONFORMITY I certify (or declare) under penalty of perjury that the WITH CALIFORNIA CODE OF CIVIL foregoing is true and correct. PROCEDURE SECTION 338(A) 9 9The Ordinance amends Title 13, Chapter 13.05.100 of the Chino Hills Municipal Code to bring the time Dated at Chino, California, this 17th day of period for retroactive adjustments into conformity with California Code of November 2018 Civil Procedure Section 338(A). Ordinance No. 332 was adopted by the City Council by the following vote: Ayes: Rogers,Moran,Bennett, Johsz,Marquez Noes: None Absent: None I ( ( gnatur e) Abstain:None Suzanne Rojas i NOV 2 1 2013 A certified copy of the full text of Ordinance No. 332 is available for review in the office of the City Clerk, PAYABLE City of Chino Hills, 14000 City Center ACCOUNTSi Drive,Chino Hills. DATED: November 14,2018 PUBLISH: Chino Hills Champion ChampionNovember 17,2018 779-18 Serving the Chino Valley and Chino Hills 9th & D Streets • P.O. Box 607 Chino, California 91708 Phone: (909) 628-5501 Adjudicated August 5, 1952 Case No. 73453