RES-2015-013 RESOLUTION NO. 2015- 013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM MODIFYING THE WATER RATES, RULES AND
REGULATIONS BY MODIFYING RULE NOS. 13 AND 14
FOR THE SALE AND DISTRIBUTION OF WATER AS
ADOPTED BY RESOLUTION NO. 72R-600 AND MOST
RECENTLY AMENDED BY RESOLUTION NO. 2014-002
AND DETERMINING SAID ACTION IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
PURSUANT TO GUIDELINE SECTION 15061(B)(3).
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 �ates, Rules and Regulations for the sale and distribution of water; and
WHEREAS, the Anaheim Municipal Code authorizes the Anaheim City Council
to approve reasonable Water Rates, Rules and Regulations governing water services and fees for
providing water ser�ices; and
WHEREAS, Anaheim established various rules of the Water 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 businesses in Anaheim and making
recommendations that help foster more freedom for Anaheim's utility customers ("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 Nos. 13 and
14 of the Water Rates, Rules and Regulations to, among other things, 1) offer a performance
guarantee for establishment of temporary water service, (2) accommodate the customer for
missed deadlines or appointments, (3) assign higher priority to system modifications for areas
where customers are affected by repeated unplanned water service outages, and (4} provide water
quality sampling and testing services at no cost to the customer within three days of receiving a
request; and
WHEREAS, Anaheim's Public Utilities Board ("Public Utilities Board")
considered in a public hearing the proposal of the Department and made the following findings
with respect to the need for the proposed modifications to the Water Rates, Rules and
Regulations: it is reasonable and appropriate to modify Rule Nos. 13 and 14 as set forth in
Attachment A in order to further Anaheim's Regulatory Relief Initiative and clarify and update
Rule Nos. 13 and 14; and
WHEREAS, the public hearing was noticed in accordance with Government Code
section 66018; and
WHEREAS, based on the findings hereinabove made, the Public Utilities Board
recommended to the Anaheim City Council that the Anaheim City Council adopt the findings of
the Public Utilities Board with respect to the matters contained herein and modify Rule Nos. 13
and 14 as shown in Attachment A; and
WHEREAS, the Public Utilities Board recommended to the Anaheim City
Council that the Anaheim City Council determine that the modifications to Rule Nos. 13 and 14
of the Water Rates, Rules and Regulations are exempt under the California Environmental
Quality Act (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 Nos. 13
and 14 will have a significant effect on the environment; and
WHEREAS, the Anaheim 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 Anaheim City Council as
follows:
1. The findings set forth herein are hereby adopted by the City Council of the
City of Anaheim.
2. The Anaheim City Council hereb� determines that, in accordance with
CEQA and the State CEQA Guidelines, the modifications to Rule Nos. 13 and 14 of the Water
Rates, Rules and Regulations are 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 Nos. 13 and 14 will have a significant effect on the environment as the
changes are mostly administrative in nature, designed to promote clarity, and do not involve any
physical change to the environment.
3. The modifications to Rule Nos. 13 and 14 of the Water Rates, Rules and
Regulations as set forth in Attachment A shall be, and are hereby adopted by the Anaheim City
Council effective February 1, 2015.
4. The Anaheim 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 27th day of January , 2015, by the
following roll call vote:
AYES: Mayor Tait, Council Members Kring, Murray, Brandman and Vanderbilt
NOES: None
ABSENT: None
ABSTAIN:None
CITY OF ANAHEIM
MAY R OF THE CI Y OF ANAHEIM
ATTEST:
CITY CLERK OF E CITY OF ANAHEIM
CAO# 106914
3
Attachment A
Rule Nos. 13 and 14 of the
Water Rates, Rules and Regulations
4
CITY OF ANAHEIM WATER RATES, RULES
Utilities Financial Services AND REGULATIONS
201 S. Anaheim Blvd. Page No. 3.13.1
Anaheim, CA 92805
RULE NO. 13
TEMPORARY SERVICE
A. APPLICATION REQUIREMENTS
The Utility will furnish Temparary Service when all of the following conditions have been met:
1. The Applicant submits a Temporary Service application to the Utility and the Utility determines no
undue hardship will result to any other Customer as a result of the requested Temporary Service.
2. The �[Itility will provide the Applicant with the estimate of those costs set forth in B.1. below and
the Applicant shall pay these estimated costs.
3. The Applicant establishes credit as required by Rule No. 6.
B. CONDITIONS OF SERVICE
1. Customer shall be responsible to pay the Utility for the reasonable costs incurred by the Utility for
labor, contracted labor, equipment or materials to allow Customer's Premises to receive Temporary
Service from the Water System, including any meter installation costs and costs to disconnect the
Premises from the system.
2. Customer shall pay for Temporary Service water consumption in accordance with the applicable rate
schedule in the Rates, Rules and Regulations and comply with all applicable requirements therein.
3. The Temporary Service shall remain in effect for as long as required. Notwithstanding the foregoing,
the Utility may immediately discontinue Temporary Service to the Customer for failure to comply
with the Rates, Rules and Regulations or applicable law, codes, guidelines and standards; or if the
Customer uses the Temporary Service for other than the intended purpose. The Utility may terminate
Temporary Service for inactivity, after Utility has delivered, or caused to be delivered, written notice
to the address shown on the Application of the impending termination and Customer has failed to
respond withm thirty days of said notice. In such event, the Temporary Service account will be
closed and all prior payments made on behalf of the Temporary Services shall be forfeited to the
Utilir�.
4. Included within the amount of reasonable costs set forth in B.1 above is loss or damage to meter and
fittin€;s, relocation of ineter, special outlet installation, and such other labor, equipment, and material
costs associated with the Temporary Service. The foregoing does not include amounts for water
consumption.
5. Backflow prevention devices and approved plumbing material may be required for certain types of
uses, and shall be installed by the Customer, in accordance with Rule No. 16.
6. After Application is fully completed, including payment of any applicable charges, the temporary
meter will be installed within three (3) working days.
C. METER INSTALLATION
1. Meter installation and removal must be performed by the Utility.
2. Temporary meters may be moved from one location to another, upon request by the Applicant, but
must be relocated by the Utility.
D. MISSED APPOINTMENTS
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 are
delayed, the Utility may accommodate the Customer in accordance with Rule No. 16.
ISSUED BY: Effective: by Resolution No.: Dated:
Dukku Lee Superseding Resolution No.: 2009-078 Dated: OS-19-09
General Manager
CITY OF ANAHEIM WATER RATES, RULES
Utilities Financial Services AND REGULATIONS
201 S. Anaheim Blvd. Page No. 3.14.1
Anaheim, CA 92805
RULE NO. 14
CONTINUITY AND QUALITY OF SERVICE
A. QUALITY, SHORTAGES INTERRUPTIONS, OR SURGES
1. The Utility does not warrant, expressly or impliedly, the quality, adequacy, or other characteristics of
the Potable Water and Recycled Water and/or any Service provided by the Utility, except that such
water will meet applicable federal and state requirements.
2. The Utility will exercise reasonable diligence: (a) to furnish a continuous and sufficient supply of
Potable Water to its Customers; and (b) to minimize the occurrence of shortages, interruptions,
surges, situations that affect the regional or local Potable Water supply, or other Potable Water
delivery problems. However, the Utility does not guarantee: (a) a continuous or sufficient Potable
Water supply; or (b) freedom from interruption.
3. The lJtility will not be liable regardless of its acts or omissions for (a} the quality of Potable Water
and Recycled Water when such water meets applicable federal and state requirements or any damage
or loss resulting therefrom; (b) the failure to supply a continuous or sufficient supply of Potable
Water or Recycled Water or any damage or loss resulting therefrom; ar(c) damage or loss caused by
shortages, interruptions, surges, or situations that affect the regional or local Potable Water supply,
and other Potable Water delivery problems. At the Customer's request, the Utility will provide water
quality sampling and testing services at no cost to the Customer within three (3) working days.
4. If the operations, repairs, or improvements of the Water System, a contingency or an emergency
results in interruption in the delivery of Potable Water to Customers, the Utility may provide notice
of such interruption when such notice is reasonably possible. In the event that the Customer
experiences three ar more outages within a twelve (12) month timeframe, the Utility will prioritize
the Customer's Service for any required modifications.
5. The iJtiliry does not guarantee a continuous or sufficient supply of Recycled Water. The Utility may
temporarily suspend or interrupt the delivery of Recycled Water for any reason. In such event, the
Utility may provide notice of such suspension or interruption when such notice is reasonably
possible.
B. TEMPORARY SUSPENSION FOR REPAIRS OR IMPROVEMENTS
1. The Utility, when making repairs or improvements to its Water System, shall have the right to
suspend temporarily the delivery of Potable Water; however, whenever reasonably practicable, the
Utility will provide notice thereof to affected Customers and will complete the repairs or
improvements expeditiously to minimize any Customer inconvenience as consistent with prudent
utility practices.
2. In the event that the Utility fails to notify the Customer of a planned outage within a reasonable
timeframe, or the Utility is unable to keep a specified service appointment with a Customer
resulting in delays to construction or engineering services, the Customer may be accommodated in
accordance with Rule No. 16.
C. APPORTIONP+�ENT OF SUPPLY DURING TIME OF SHORTAGE
Should a shortage of Potable Water supply ever occur, the Utility will apportion its available supply of
Potable Water among its Customers as authorized or directed by the Public Utilities General Manager. This
determination shall be at the Public Utilities General Manager's discretion based on public health, safery, and
welfare considerations. The decision of the Public Utilities General Manager shall be final in such matters.
ISSUED BY: Effective: by Resolution No.: Dated:
Dukku Lee Superseding Resolution No.: 2010-200 Dated: 11-16-10
General Manager