Loading...
RES-2015-127 RESOLUTION NO. 2015- 127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MODIFYING THE WATER RATES, RULES AND REGULATIONS BY ELIMINATING SIX RATES AND MODIFYING TWO RATES, WHICH DO NOT INCREASE RATES, FOR THE SALE AND DISTRIBUTION OF WATER AS ADOPTED BY RESOLUTION NO. 72R-600 AND MOST RECENTLY AMENDED BY RESOLUTION NO. 2015-013 AND DETERMINING SAID ACTIONS ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080(b)(8) AND GUIDELINE SECTION 15273(a). WHEREAS, the City of Anaheim ("Anaheim") maintains a water production, transmission, and distribution system for the distribution of water to residents and businesses of Anaheim and has adopted Water Rates, Rules and Regulations ("WRRR") for the sale and distribution of water; and WHEREAS, the Anaheim Municipal Code authorizes the City Council to approve reasonable WRRR governing water services and fees for providing water services; 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 Regulatory Relief Initiative"); and WHEREAS, in support of the Anaheim Regulatory Relief Initiative and to streamline rates, Department staff reviewed and recommended simplifying the rate structure of the WRRR to make the fixed monthly customer charge and the base water commodity charge uniform for the respective customer classes by eliminating six rate schedules and consolidating several rate customer classes into the "Applicability" section of the existing General Water Service rate schedule (Schedule W-G) and making updates to the "Applicability" and "Special Conditions" sections of the Schedule W-G and Schedule W-PFL (Private Fireline Service) rate schedules; and WHEREAS, in order to accomplish this, Department staff recommended, among other things: 1) the elimination of Residential Service-Single-Family Accommodation (Schedule W-R), Residential Service-Multi-Family Accommodations (Schedule W-RM), Residential Service-Outside City Limits (Schedule W-RO), General Water Service-Outside City Limits (Schedule W-GO), and Temporary Service (Schedule W-T) and the modification of the "Applicability" section of the General Water Service (Schedule W-G) rate schedule to make Schedule W-G applicable to all ratepayers currently covered by these schedules to be eliminated; - 2) the elimination of the Municipal Water Service-Unmetered Services (Schedule W-MU) rate schedule as this schedule is not currently being utilized and is not expected to be utilized in the future as a result of all water services being metered; and 3) making updates to the "Applicability" and "Special Conditions" sections of Schedule W-G and Schedule W-PFL; and WHEREAS, there are to be no rate increases included in the proposed modifications to Schedule W-G and Schedule W-PFL; and WHEREAS, on December 9, 2014, a Notice of Public Hearing was mailed to property owners of record with the County of Orange on December 31, 2013 (the most current tax roll data available), and water utility customers of record as of November 16, 2014, providing an explanation of the proposed water rate actions and the procedure for submitting written protests of the proposed rate actions to the Secretary of the Anaheim Public Utilities Board ("Public Utilities Board") as well as electronic mail ("e-mail") protests at waterrates@anaheim.net, and proof of mailing thereof is on file with the Secretary of the Public Utilities Board; and WHEREAS, on January 13, 2015 and January 20, 2015, notice of the public hearing was published in the Orange County Register, and proof of publication thereof is on file with the Secretary of the Public Utilities Board; and WHEREAS, on January 8, 2015 and January 15, 2015, notice of the public hearing was published in the Anaheim Bulletin, and proof of publication thereof is on file with the Secretary of the Public Utilities Board; and WHEREAS, the Public Utilities Board held a public hearing on January 28, 2015, and evidence was presented, among other things, in support of modifications to the WRRR for: 1) the elimination of Schedules W-R, W-RM, W-RO, W-GO, and W-T and the modification of the "Applicability" section of Schedule W-G to make Schedule W-G applicable to all ratepayers currently covered by these schedules to be eliminated; 2) the elimination of Schedule W-MU because it is not currently being utilized and is not expected to be utilized in the future as a result of all water services being metered; and 3) making updates to the "Applicability" and "Special Conditions" sections of Schedule W-G and Schedule W-PFL; and WHEREAS, the Public Utilities Board considered during the public hearing both the proposal of the Department and the evidence presented and made the following findings with respect to the need for the proposed rate action: 1. Section 1221 of the City Charter provides that utility rates charged to a class of customers shall be uniform within the class and shall be based on the cost of service revenue requirement for the class. 2 2. Section 1221 of the City Charter requires that Utility rates shall be sufficient in order to allow the Utility to pay for operations and maintenance of the system; for payment of principal and interest on debt; for creation and maintenance of financial reserves adequate to assure debt service on bonds outstanding; for capital construction of new facilities and improvements of existing facilities, or maintenance of a reserve fund for that purpose; and for payments to the general fund of the City in the amounts set forth in the City Charter. 3. Section 1221 of the City Charter also provides that the City Council shall periodically review rates to insure that financial goals are being accomplished. 4. It is reasonable and appropriate to restructure the rates of the WRRR in order to further the Anaheim Regulatory Relief Initiative, to streamline rates, and make rates uniform by: a) eliminating Schedule W-R, Schedule W-RM, Schedule W-RO, Schedule W-GO, Schedule W-T, and Schedule W-MU; and b) modifying Schedule W-G to make Schedule W-G applicable to all ratepayers currently covered by the schedules to be eliminated'by making the fixed monthly customer charge and the base water commodity charge uniform for the respective customer classes and making updates to the "Applicability" and "Special Conditions" sections of Schedule W-G and Schedule W-PFL as set forth in Attachment A; 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 21080(b)(8) of the Public Resources Code of the State of California, in accordance with Title 14 of the California Administrative Code, Section 15273(a); 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 adopt the modifications to the Water Rates, Rules and Regulations by eliminating Schedule W-R, Schedule W-RM, Schedule W-RO, Schedule W-GO, Schedule W-T, and Schedule W-MU and modifying Schedule W-G and Schedule W-PFL as set forth in Attachment A; and WHEREAS, based on the findings hereinabove made, the Public Utilities Board recommended to the City Council that the City Council determine that the modifications to the Water Rates, Rules and Regulations are statutorily exempt under CEQA, in accordance with Public Resources Code, Section 21080(b)(8), in accordance with Title 14 of the California Administrative Code, Section 15273(a); and WHEREAS, the City Council has considered the evidence and concurs with the findings of the Public Utilities Board as set forth hereinabove. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. The findings set forth herein are hereby adopted by the City Council of the City of Anaheim. 3 2. The City Council of the City of Anaheim hereby determines that, in accordance with CEQA and the State CEQA Guidelines, the modifications to the Water Rates, Rules and Regulations are exempt under Public Resources Code, Section 21080(b)(8), in accordance with Title 14 of the California Administrative Code, Section 15273(a). 3. The elimination of Residential Service-Single-Family Accommodation (Schedule W-R), Residential Service-Multi-Family Accommodations (Schedule W-RM), Residential Service-Outside City Limits (Schedule W-RO), General Water Service-Outside City Limits (Schedule W-GO), Temporary Service (Schedule W-T), and Municipal Water Service- Unmetered Services (Schedule W-MU) of the Water Rates, Rule and Regulations shall be, and is hereby adopted by the City Council of the City of Anaheim, and shall be effective March 1, 2015. 4. The modifications to the General Water Service (Schedule W-G) and Private Fireline Service (Schedule W-PFL) rate schedules of the Water Rates, Rules and Regulations as set forth in Attachment A sha11 be, and are hereby adopted by the City Council of the City of Anaheim effective March l, 2015. 5. The Public Utilities General Manager is hereby authorized and directed to prepare, promulgate, publish, and take all actions necessary to implement the modifications to the Water Rates, Rules and Regulations as set forth herein. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 24th day of February , 2015, by the following roll call vote: AYES: MaYor Tait, Council Membe.rs Kring, Murray, Brandman and Vanderbilt NOES: �ne ABSENT: None ABSTAIN: None CITY OF ANAHEIM ; MA OR OF THE ITY OF ANAHEIM ATTEST: '----� �CITY CLERK OF HE CITY OF ANAHEIM 107633 4 Attachment A General Water Service (Schedule W-G) and Private Fireline Service (Schedule W-PFL) of the Wate� Rates, Rules and Regulations CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGLTLATIONS 201 S. Anaheim Blvd. Page No. 2.3.1 Anaheim, CA 92805 SCHEDULE W-G GENERAI. WATER SERVICE APPLICABILITY This rate schedule is applicable to Customers who consume water for (a) general domestic and household purposes in a single family accommodation, (b) general domestic use in two (2) or more dwelling units using water througb a common service and occupying premises held under one ownership such as apartment houses, housing courts, mobile home courts, and planned units and condominium developments serviced through a common service and (c) a11 commercial, industrial, municipal, residential-agricultural, and agricultural uses. This rate schedule is also applicable to all water service not covered by other specific schedules including landscape watering and Temporary Service. RATE (33) PER METER, PER MONTH Customer Charge: 5/8" X 3/4" Meter $ 5.00 1" Meter 6.55 1 1 /2" Meter 9.15 2" Meter 12.25 2 1/2" Meter 15.63 3" Meter 20.60 4° Meter 29.95 6" Meter 55.95 8" Meter 87.15 10+" Meter 153.50 Commodity Charge: (To be added to Customer Charge) Per 100 Cubic Feet $ 0.500 The current water commodity adjustment amount and water system reliability adjustment amount, as applicable, shall be added to the above commodity charge. The explanations of the current water commodity adjustrnent and water system reliability adjustment amounts are located in Schedules W-CA and W-SRA. Minunum Charge: The nuniinum charge shall be the monthly customer charge. SPECIAL CONDITIONS A. This schedule is subject to Schedules W-CA, W-SRA, and rules and regulations of the Utility. B. A Customer shall not resell water to another person. Each meter point will be considered as one Customer. Water associations or companies taking delivery of water hereunder must take delivery at one point, and distribute and account for each of their members' usage. ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 95R-140 Dated: 07-25-95 Generai Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 2.4.1 Anaheim, CA 92805 SCHEDULE W-PFL PRIVATE FIRELINE SERVICE APPLICABILITY Applicable to all consumers of water within the area served by the Utility for private firelines used for fire protection whether said lines are connected with automatic sprinkling systems or private fire hydrants. RATE (36) PER METER PER MONTH Customer Charge: 1" Meter $ 6.55 1 1/2" Meter 9.15 2" Meter 12.25 2 1/2" Meter 15.63 3" Meter 20.60 4" Meter 29.95 6" Meter 55.95 8° Meter 87.15 10+" Meter 153.50 Commodity Charge: (To be added to Customer Charge) For all water supplied as recorded by the detector check valve bypass meter. Per 100 Cubic Feet $ 0.500 The current commodity adjustment amount and system reliability adjustment amount, as applicable, shall be added to the above commodity charge. The explanations of the current commodiry adjustrnent and system reliabiliry adjustment amounts are located in Schedules W-CA and W-SRA. Minunum Charge: The minimum monthly charge shall be the monthly customer charge. SPECIAL CONDITIONS A. This schedule is subject to Schedules W-CA, W-SRA, and rules and regulations of the Utility. B. This schedule is restricted to use for fire extinguishing or for testing purposes, or for testing fire extinguishing equipment. If consumer, in the opinion of the Utility, is using water in a volume that cannot be recorded on the bypass meter, the Utility will discontinue service until a meter is installed (at customer's expense} to record all water used. ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 95R-140 Dated: 07-25-95 General Manager