RES-2013-149RESOLUTION NO. 2013-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM MODIFYING THE WATER RATES, RULES AND
REGULATIONS BY MODIFYING RULE NO. 16 FOR THE
SALE AND DISTRIBUTION OF WATER AS ADOPTED BY
RESOLUTION NO. 72R -600 AND MOST RECENTLY
AMENDED BY RESOLUTION NO. 2013-115.
WHEREAS, the City of Anaheim ( "Anaheim ") maintains a water transmission
and distribution system for the distribution of water to residents and businesses of Anaheim and
has adopted Water Rates, Rules and Regulations for the sale and distribution of water; and
WHEREAS, the Anaheim Municipal Code authorizes the City Council to approve
reasonable Rates, Rules and Regulations governing water services and fees for providing water
services; and
WHEREAS, Anaheim established various rules of the Rates, Rules and
Regulations for these purposes; and
WHEREAS, the Anaheim Public Utilities Department ( "Department ") is a
publicly owned utility, but nonetheless strives to operate like a business and continuously seeks
opportunities to minimize administrative and fiscal burdens while remaining in a position to
maintain service reliability and high industry standards; and
WHEREAS, the Anaheim Regulatory Relief Task Force was charged with
reviewing the regulatory burden on existing and prospective business in Anaheim and making
recommendations that help foster more freedom for Anaheim's businesses community
( "Anaheim's Regulatory Relief Initiative "); and
WHEREAS, in support of the Anaheim Regulatory Relief Initiative, to provide
regulatory relief to utility customers under certain specific circumstances, and to clarify and
update language, Department staff reviewed and recommends modifications to Rule No. 16 of
the Water Rates, Rules and Regulations to, among other things: (i) expedite the process to
evaluate water utility conflicts with proposed new construction or modification by charging
customers only for plan checks that require staff labor in excess of four hours to complete; (ii)
allocate costs on a project specific basis rather than on a flat fee basis; (iii) offer customers up to
a fifty dollar a courtesy credit for missed appointments; and (iv) add clarifying language and
delete obsolete language; and
WHEREAS, the Public Utilities Board of the City of Anaheim ( "Public Utilities
Board ") considered the proposal of the Department and made the following findings with respect
to the need for the proposed modification to the Water Rates, Rules and Regulations: it is
reasonable and appropriate to modify Rule No. 16 as set forth in Attachment A in order to further
Anaheim's Regulatory Relief Initiative and clarify and update Rule No. 16; and
WHEREAS, the Public Utilities Board considered the requirements of the
California Environmental Quality Act ( "CEQA ") and found that matters covered above come
within Section 15061(b)(3) of Title 14 of the California Administrative Code. Thus, the
proposed modification of the Water Rates, Rules and Regulations Rule No. 16 is exempt from
CEQA; and
WHEREAS, based on the findings hereinabove made, the Public Utilities Board
recommended to the City Council that the City Council adopt the findings of the Public Utilities
Board with respect to the matters contained herein and modify Rule No. 16 as shown in
Attachment A; and
WHEREAS, based on the findings hereinabove made, the Public Utilities Board
recommended to the City Council that the City Council certify that the modification of Rule No.
16 of the Water Rates, Rules and Regulations is exempt under CEQA, in accordance with Title
14 of the California Administrative Code, Section 15061(b)(3), because it can be seen with
certainty that there is no possibility that Rule No. 16 will have a significant effect on the
environment; and
WHEREAS, the City Council has considered the evidence and concurs with the
findings of the Public Utilities Board as set forth herein above.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim as follows:
The findings set forth herein are hereby adopted by the City Council of the
City of Anaheim.
2. The City Council of the City of Anaheim hereby determines and finds
that, in accordance with CEQA and the State CEQA Guidelines, the modification of Rule No. 16
of the Water Rates, Rules and Regulations by the City Council is exempt from CEQA pursuant
to Title 14 of the California Administrative Code, Section 15061(b)(3), because it can be seen
with certainty that there is no possibility that Rule No. 16 will have a significant effect on the
environment.
3. The modifications to Rule No. 16 of the Water Rates, Rules and
Regulations as set forth in Attachment A shall be, and are hereby adopted by the City Council of
the City of Anaheim effective October 1, 2013.
4. The Anaheim Acting Public Utilities General Manager is authorized and
directed to prepare, promulgate, publish, and take any and all actions necessary to implement the
changes to the Water Rates, Rules and Regulations as set forth herein.
2
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 24th day of September , 2013, by the
following roll call vote:
AYES: Mayor Tait, Council Members Murray, Brandman and Kring
NOES: None
ABSENT: Council Member Eastman
ABSTAIN:None
CITY OF ANAHEIM
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
Qadk
CITY CLERK OF THE CITY F AHEIM
97629
3
Attachment A
Rule No. 16 of the
Water Rates, Rules and Regulations
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
WATER RATES, RULES
AND REGULATIONS
RULE NO. 16
SERVICE CONNECTIONS, METERS, AND CUSTOMERS' FACILITIES
Page No. 3.16.1
A. GENERAL
1. When an Application for Service is made that requires only a small domestic Service (2 inch or
smaller), the Utility shall furnish and install the Service Connection, Meter box, and Meter, at the
Customer's expense. The Customer also has the option to furnish and install the Service
Connection, Meter box, and Meter, after all applicable charges are paid.
2. For all other improvements, such as new subdivisions, developer - installed mains and/or
improvements that include the installation of a large Service (larger than 2 inch), the Customer
shall furnish and install the Service Connection, Meter box, and Meter after all applicable charges
are paid.
3. The Service Connection, Meter, and Meter box will generally be installed at a convenient location
between the curb or edge of pavement and the property line. Large Service Meters shall be
installed upon the Customer's Premises; the Customer shall provide adequate space and furnish
applicable easements to the Utility.
B. SERVICE CONNECTION AND METER INSTALLATION CHARGES
1. The request for such Services shall be made to the Public Utilities Department, Water Division.
a. In the case of a small domestic Service installed by the Customer, the Customer shall
pay, prior to final plan approval, a sum as determined by the Utility, based upon all costs
for labor, equipment, and materials to cover the cost of plan check, inspection, and
corresponding Utility valving.
b. In the case of a small domestic Service installed by the Utility, the Customer shall pay,
prior to final plan approval, a sum as determined by the Utility, based upon all costs for
labor, equipment, and materials to cover the cost of plan preparation, installation, and
corresponding Utility valving.
C. In the case of Customer - installed mains and/or improvements that include the installation
of a large Service, the Customer shall pay, prior to final plan approval, a sum as
determined by the Utility, based upon all costs for labor, equipment, and materials to
cover the cost of plan check, inspection, and corresponding Utility valving.
2. For Services installed on private property an additional charge, as determined by the Utility, shall
be required to cover the cost of processing a public utility easement. The cost and preparation of
public utility easement descriptions and plats are the responsibility of the Customer and shall
follow all applicable state, county, and local requirements.
(Continued)
ISSUED BY: Effective: Resolution No.: Dated:
Dukku Lee Superseding Resolution No.: 2010 -200 Dated: 11 -16 -10
Acting General Manager
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
WATER RATES, RULES
AND REGULATIONS
RULE NO. 16
SERVICE CONNECTIONS METERS, AND CUSTOMERS' FACILITIES
B. SERVICE CONNECTION AND METER INSTALLATION CHARGES (Continued)
Page No. 3.16.2
All installations in the public right -of -way will require a Right -of -Way Construction Permit as
issued by the City's Public Works Department, together with appropriate charges, deposits, and
insurances.
In the following cases, the Customer shall also pay a sum as determined by the Utility, based upon
all costs for all applicable Utility labor, equipment, and materials.
a. Customer requires or requests a larger Service Connection and/or Meter for his property.
b. Customer requests a Service Connection to be extended.
C. An abandonment charge will not be required if the new Service Connection installation
will not require the Utility (i) to install an additional tap into the Distribution Main, and
(ii) to trench outside of the location of the previous Service Connection.
5. The Water Engineering Division provides plan checking as required to evaluate the Water System
for conflicts with any proposed new construction or modification of any existing structure or
facility. The Water Engineering Division shall charge for plan checks that require staff time or
labor in excess of four (4) hours to complete. However, in the case of Service Connections and
Meter Installations, the Water Engineering Division will charge for all plan checking, regardless
of the number of hours needed for plan checking.
6. In the event that the Utility is unable to keep a specified appointment with a Customer due to
emergencies, unplanned outages, or other situations that may arise requiring that construction or
engineering services be delayed, the Utility will reschedule the appointment and will not charge
additional costs, such as overtime labor, in order to complete the work and may, where applicable,
provide a courtesy credit of up to $50 based upon the specific circumstances.
(Continued)
ISSUED BY: Effective: by Resolution No.: Dated:
Dukku Lee Superseding Resolution No.: 2010 -200 Dated: 11 -16 -10
Acting General Manager
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
WATER RATES, RULES
AND REGULATIONS
RULE NO. 16
SERVICE CONNECTIONS, METERS, AND CUSTOMERS' FACILITIES
C. CUSTOMER'S RESPONSIBILITY
Page No. 3.16.3
The Customer, as a condition precedent to receiving Service, shall:
1. Furnish and lay the necessary On -Site System and piping to make the connection to the Point of
Delivery.
2. Provide a main valve on the piping between the Service Connection and the point of Customer
use, as per the Planning Department.
3. Provide a bacteria clearance certificate for Services 3 inches and larger.
4. Disconnect all inactive Service Connections from the Public System to the Customer's Premises in
the manner prescribed by the Utility.
5. The Utility shall not be responsible for any loss or damage occasioned or caused by the
negligence, want of proper care, or wrongful act of the Customer or of any of the Customer's
agents, employees, or licensees on the part of the Customer in installing, maintaining, using,
operating, or interfering with any water facilities or equipment.
D. OWNERSHIP AND ABSENCE OF RENTAL OBLIGATION WHERE FACILITIES ARE ON
PREMISES OF CUSTOMER
1. The Service pipe, curb stop, Meter, and Meter box located wholly or partially upon a Customer's
Premises are the property of the Utility.
2. No rent or other charge will be paid by the Utility where the Utility -owned Service facilities are
located on a Customer's Premises.
E. ACCESS TO PREMISES OF CUSTOMER
The Utility shall at all reasonable hours have access to Meter, Service Connections and other
property owned by it which may be located on Customer's Premises for purposes of installation,
Meter reading, maintenance, operation, or removal of its property at the time Service is to be
terminated. The Customer's On -site System shall be open for inspection at all reasonable times to
authorized representatives of the Utility, County, CDPH, and RWQCB to verify that the Customer
is complying with these Rates, Rules and Regulations.
Any inspection work or recommendations made by the Utility or its agents in connection with
plumbing or appliances or any use of water on the Customer's Premises, either as a result of a
complaint or otherwise, will be made without charge to the Customer.
F. CROSS - CONNECTIONS
Protective Regulation
No physical connection between the Potable Water supply system of the Utility and that of any
other water supply will be permitted except in compliance with the regulations of the State
Department of Public Health contained in Title 17 of the California Administrative Code under
"Regulations Relating to Cross - Connection ", as may be amended from time to time.
(Continued)
ISSUED BY: Effective: by Resolution No.: Dated:
Dukku Lee Superseding Resolution No.: 2010 -200 Dated: 11 -16 -10
Acting General Manager
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
WATER RATES, RULES
AND REGULATIONS
RULE NO. 16
SERVICE CONNECTIONS, METERS, AND CUSTOMERS' FACILITIES
F. CROSS - CONNECTIONS (Continued)
Page No. 3.16.4
Special Protective Devices Required
The Utility may require a Customer to install an approved backflow protection device on all
Service Connections.
The Utility will require a Customer to install an approved reduced pressure principle type
backflow protection device (RP) under any of the following conditions:
a. Where a water supply, which has not been approved by the State Department of Public
Health, is already available to a Customer from a well, spring, reservoir, or other source.
(If the Customer agrees to abandon the other water supply and agrees to remove all
pumps and piping necessary for the utilization of this water supply, the installation of
reduced pressure principle type backflow protective devices may not be required.)
b. Where salt water, or water otherwise polluted, is available to a Customer for industrial or
fire protection purposes.
C. Where the Customer's Premises are or may be engaged in industrial processes using or
producing process waters or liquid industrial wastes, or where the Premises are or may be
engaged in handling sewage or any other dangerous substance.
d. Where the circumstances are such that there is special danger of backflow of sewage,
Recycled Water, or other contaminated liquids through Customer's plumbing fixtures or
water -using or treating equipment, or storage tanks and reservoirs.
e. Any condition posing a potential hazard to the Potable Water supply system of the
Utility.
Type and Expense of Protective Devices
Any backflow protective device used shall be of the type and design specified and approved for
these uses by the University of Southern California Foundation for Cross Connection Control and
Hydraulic Research, or any other Utility approved testing and listing agencies, and such device
shall be installed, maintained and tested by and at the expense of the Customer, in a manner
approved by the Utility and other Regulatory Agency when so required, and in a location which is
readily available for periodic inspection.
No physical connection shall be made or allowed to exist between any system conveying Recycled
Water and any system conveying Potable Water.
(Continued)
ISSUED BY: Effective: by Resolution No.: Dated:
Dukku Lee Superseding Resolution No.: 2010 -200 Dated: 11 -16 -10
Acting General Manager
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
WATER RATES, RULES
AND REGULATIONS
Page No. 3.16.5
RULE NO. 16
SERVICE CONNECTIONS METERS AND CUSTOMERS' FACILITIES
F. CROSS - CONNECTIONS (Continued)
4. Periodic Inspection and Testing of Protective Devices
Whenever backflow protective devices are installed, the Customer shall have competent inspections
and tests conducted at least once a year, or more often in those instances where successive
inspections and/or tests indicate repeated failure thereof. These devices shall be repaired, overhauled
or replaced at the expense of the Customer whenever they are found to be defective. Records of such
tests, repairs, and overhaul shall be kept and made available to the Utility and the public health
agency having jurisdiction.
Refusal to Serve or Discontinuance of Service for Failure to Install Protective Devices
The Utility may refuse or discontinue Service until there has been installed on the Customer's piping
approved devices of the required type to protect against backflow of water from the Customer's
Premises into the Utility's system.
6. Plan Check and Field Inspection of New Backflow Protective Devices
To cover the cost of a plan check and inspection, the Customer shall pay, prior to final plan
approval, a sum as determined by the Utility, based upon all costs for labor, equipment, and
materials to cover the cost of plan check and inspection of backflow protective devices. These
activities include, but are not limited to: installation of new backflow protective devices;
replacement of backflow protective devices in above - ground assemblies; relocation of backflow
protective devices from a below ground vault installation to an aboveground installation; and
others, as appropriate.
G. RIGHT OF ACCESS
1. The Utility shall, at all times, have the right of ingress to and egress from Customer's Premises at all
reasonable hours for any purposes reasonably connected with the furnishing of Services and exercise
of any and all rights secured to it by law or these Rules.
2. The Utility shall require that each Customer furnish the Utility, at the expense of the Customer and in
the appropriate quantity as specified by the Utility, with the appropriate devices to gain access to a
Customer's Premises by way of keys, gate opener /clickers or a personal escort.
3. The Utility may charge a Meter reading fee if the Utility cannot gain access to the Customer's
metering equipment on the scheduled read date. Rule No. 21 contains the above referenced charges.
ISSUED BY: Effective: by Resolution No.: Dated:
Dukku Lee Superseding Resolution No.: 2010 -200 Dated: 11 -16 -10
Acting General Manager