RES-2016-007RESOLUTION NO. 2016- 007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM MODIFYING THE WATER RATES, RULES AND
REGULATIONS BY MODIFYING RULE NOS. 4 AND 8,
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. 2015-127 AND DETERMINING THAT
THIS RESOLUTION IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO
SECTION 15061(B)(3) OF TITLE 14 OF THE CALIFORNIA
CODE OF REGULATIONS.
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 Anaheim City Council
to approve reasonable Water Rates, Rules and Regulations governing water services and fees for
providing water services; 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. 4 and 8
of the Water Rates, Rules and Regulations to, among other things, offer customers who opt for
paperless billing and electronic debits payments a reimbursement for the Department's avoided
costs; provide deferred payment assistance to help customers with overdue bills with short-term
time extensions or monthly installment plans; and provide courtesy calls to customers with good
payment histories; and
WHEREAS, Anaheim's Public Utilities Board ("Public Utilities Board")
considered 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. 4 and 8 as set forth in Attachment A in order to further
Anaheim's Regulatory Relief Initiative and clarify and update Rule Nos. 4 and 8; 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. 4
and 8 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. 4 and 8 of
the Water Rates, Rules and Regulations are exempt from CEQA pursuant to Title 14 of the
California Code of Regulations, Section 15061(b)(3), because it can be seen with certainty that
there is no possibility that Rule Nos. 4 and 8 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 hereby determines that, in accordance with
CEQA and the State CEQA Guidelines, the modifications to Rule Nos. 4 and 8 of the Water
Rates, Rules and Regulations are exempt from CEQA pursuant to Title 14 of the California Code
of Regulations, Section 15061(b)(3), because it can be seen with certainty that there is no
possibility that Rule Nos. 4 and 8 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. 4 and 8 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, 2016.
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 12 t- h day of January , 2016, by the
following roll call vote:
AYES: Mayor Tait and Council Members Kring, Murray, Brandman,
and Vanderbilt
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
K/ r1z.,—.'
MA OR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF hNAHEIM
CAO# 114182
3
Attachment A
Rule Nos. 4 and 8 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. 4
DEFERRED PAYMENT ASSISTANCE
Page No. 3.4.1
Subject to the requirements of this Rule, any Customer may request deferred payment assistance ("Deferred
Payment Assistance") with the payment of the water Services portion of their Utility bill when Customer is unable
to pay by the due date. For eligible Customers, Deferred Payment Assistance may be in the form of either an
extension of the payment due date or a monthly installment plan.
A. Extension
If a Custcmer requests an extension to pay the water Services portion of their Utility bill, the Utility may
extend the due date by ten (10) calendar days beyond the printed due date on a Customer's past due notice.
At its discretion, the Utility may grant extensions beyond ten (11 0) calendar days, provided Customer meets
the creditworthiness requirements set forth in Rule No. 6-A. Notwithstanding the Utility's approval of an
extension, Customer will still be subject to late payment charges. In addition to any requirements set forth
above, the Utility shall only grant an extension if all of the following conditions are met:
(a) Customer is not in default of any previous Deferred Payment Assistance obligations; and
(b) No part of the charges on the bill subject to the extension request is the result of a Diversion as defined
in Rule No. 6.
2. An extension temporarily suspends the termination of Services for the length of the extension granted. If,
however, Customer fails to pay their bill by the extended due date, the Utility may proceed.to terminate
Customer's Service.
B. Installment Plans
In the alternative to the extensions described above, Customer may request to defer payment of the water
Services portion of their Utility bill through a Utility -approved monthly installment plan ("Plan"). A
Customer may make such a request for monthly or bi-monthly billed accounts. Subject to restrictions set
forth herein, the Utility may approve a Plan for past due amounts on active accounts once a year for no
more than a twelve (12) month period. Additional Plans may be approved by the Utility at its discretion.
Notwithstanding the Utility's approval of a Plan, Customer will still be subject to late payment charges.
In addition to any requirements set forth above, the Utility shall only approve a Plan if all of the following
conditions` are met:
(a) Customer is not in default of any previous Deferred Payment Assistance obligations;
(b) No part of the charges subject to the Plan request is the result of a Diversion as defined in Rule No. 6;
and
(c) Customer executes and provides the Utility a Plan in a form approved by the Utility.
(Continued)
ISSUED BY: Effective: by Resolution No.: Dated:
Dukku Lee Superseding Resolution No.: 72R-600 Dated: 12-19-72
General Manager
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
WATER RATES, RULES
AND REGULATIONS
RULE NO. 4
DEFERRED PAYMENT ASSISTANCE
Page No. 3.4.2
If the Utility approves a Plan, the Customer shall (a) make Plan payments as required by the Plan; and (b)
keep Customer's account current as charges accrue for future Services in each subsequent billing period. A
Plan temporarily suspends the termination of Services so long as Customer complies with the foregoing
requirements. Further, Plan approval does not prevent termination for past due amounts for future
Services. Any failure to pay charges accrued for future Services in subsequent billing periods shall subject
Customer's Service to termination as provided in these Rates, Rules and Regulations.
In the event Customer fails to comply with the Plan, the Utility may proceed to terminate Customer's
Service and commence the termination process; however, the Utility shall not terminate Service without
first giving notice to the Customer at least forty-eight (48) hours prior to termination. This notice shall set
forth the conditions the Customer is required to meet to avoid termination.
3. For a bi-monthly billed account, the Utility shall convert a Customer's account to a monthly billed account
for a minimum of twelve (12) months. This requirement is in addition to those requirements set forth in
Section B.2 above. Upon Customer's successful completion of both the Plan and Utility -required twelve
(12) month billing cycle(s), Customer may request to be returned to bi-monthly billing for the upcoming
billing cycle.
C. Those Customers, who only receive electronic bills and automatically pay them with automatic electronic
payments (e.g., including with credit cards), may, at the Utility's discretion, receive a reimbursement on
each monthly or bi-monthly bill, as applicable, in an amount to be determined by the Utility based upon
the Utility's avoided processing costs, including mailing and credit card fee -related expenses.
ISSUED BY: Effective: by Resolution No.: Dated:
Dukku Lee Superseding Resolution No.: None Dated: None
General Manager
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
A. NOTICES TO CUSTOMERS
1. Past Due Notices
(a) Initial Past Due Notice
WATER RATES, RULES
AND REGULATIONS
RULE NO. 8
NOTICES
Page No. 3.8.1
An initial past due notice shall be mailed, postage prepaid, to a Customer after the due date has
elapsed without Customer's full payment. Past due notices shall inform Customer that their Service is
subject to termination and include the following information:
(i) The name and address of the Customer whose account is delinquent;
(ii) The amount of the delinquency;
(iii) The date by which payment or arrangements for payment is required in order to avoid
termination;
(iv) The procedure by which the Customer may request deferred payment assistance;
(v) The procedure for the Customer to obtain information on the availability of financial assistance;
and
(vi) The contact information of a Utility representative who can provide additional information or
institute arrangements for payment.
(b) Final Past Due Notice
If the Utility has not received payment by the due date of the first past due notice, a final past due
notice shall be provided to Customer with the information items in (a) above. The Utility shall
provide this notice in one of two ways. This notice may be provided by the Utility first making a
reasonable attempt to contact an adult person occupying or residing at the Premises of the Customer
by telephone or personal contact at least 24 hours prior to any termination of Service. In the
alternative, when the foregoing cannot be reasonably accomplished, the Utility shall provide, by
mail, in person, or by posting in a conspicuous location at the Premises the final past due notice at
least forty-eight (48) hours prior to termination.
(c) Notice to Occupants
Where Service is provided to individually metered residential occupants in a detached single-family
dwelling, a multi -unit residential structure, or mobile home park, and the owner, manager, or
operator of the Premises is listed by the Utility as the Customer of record, the Utility shall make a
good faith effort to inform the occupants when payment is past due that Service will be terminated in
fifteen (15) days. This subsection shall also apply to commercial and industrial occupants when the
owner, manager, or operator of the Premises is listed by the Utility as the Customer of record.
The 15 -day written notice shall be posted on the door of each unit. If it is not reasonable or
practicable to post the notice on the door of each unit, the Utility shall post two copies of the notice
in each accessible common area and at each point of access to the structure or structures. This written
notice requirement is only applicable to occupants and is separate from the past due notice issued to
the Customer. The notice shall specify: what the occupants are required to do in order to prevent the
termination or reestablish Service; the estimated monthly cost of Service; the contact information of a
Utility representative who can assist the occupants in continuing Service; and the contact information
of a legal services group. This notice shall also inform the occupants that they have the right to
become Customers without being required to pay the amount due on the past due account of the
previous Customer. This notice will be presented in English, Spanish, Chinese, Tagalog, Vietnamese,
Korean, and other such languages listed in Civil Code section 1632.
(Continued)
ISSUED BY: Effective: by Resolution No.: Dated:
Dukku Lee Superseding Resolution No.: 2010-037 Dated: 04-13-10
General Manager
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.:
Anaheim, CA 92805
2. Courtesy Notices
WATER RATES, RULES
AND REGULATIONS
RULE NO. 8
NOTICES
Page No. 3.8.2
In addition to past due notices as set forth in Section A.2 above, the Utility may, at its discretion, provide
creditworthy Customers with a courtesy call or other electronic notification regarding their past due
payment prior to termination of Service. The Utility shall make creditworthiness determinations in
accordance with Rule No. 6.
3. Service Establishment or Restoration Notices
When a Customer requests the establishment or restoration of Service, the Utility will provide a notice at
the time of the request, either verbally for telephonic requests or electronically for online requests. This
notice shall advise the Customer to turn off all water dispensing devices within the Premises as the Utility
will furnish Services to the Premises. No additional notice shall be provided thereafter. The Utility shall
not be liable to Customer or Customer's tenants, occupants, or invitees for damage caused by any acts or
omissions of the Utility's establishment or restoration of Customer's Service, including the failure to
provide notice. As used in this section, restoration of Service only means activation of an existing
account, which has been disconnected in accordance with Rule No. 11.
B. NOTICES FROM CUSTOMERS
Except as provided elsewhere within a contract, Utility program requirements, these Rates, Rules and
Regulations, the Anaheim Municipal Code, or other applicable law, Customer notices to the Utility may be
given by written communication mailed or emailed to the Utility's office or may be given orally by the
Customer or the Customer's authorized agent at the Utility's office.
C. STATE LAW
Should there be a conflict between the notice provisions of Rule No. 8 and Public Utilities Code Sections 10001
et seq., the notice provisions of the Public Utilities Code will prevail when those provisions require more notice
than contained herein.
ISSUED BY: Effective: by Resolution No.: Dated:
Dukku Lee Superseding Resolution No.: None Dated: None
General Manager