RES-2016-028RESOLUTION NO. 2016- 0 2 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM MODIFYING THE WATER RATES, RULES AND
REGULATIONS BY MODIFYING 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 SAID ACTIONS ARE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO PUBLIC RESOURCES CODE SECTION
21080(b)(8) AND SECTION 15273(a) OF TITLE 14 OF THE
CALIFORNIA CODE OF REGULATIONS.
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, on April 1, 2015, Governor Brown issued Executive Order B-29-15
(the "Executive Order") finding that conditions of extreme peril to the safety of persons and
property continue to exist in California due to water shortage and drought conditions; and
WHEREAS, the Executive Order directed the State Water Resources Control
Board ("State Board") to impose restrictions to achieve an aggregate statewide 25% reduction in
potable water use through February 2016 and adopt other regulations to implement the order; and
WHEREAS, on May 5, 2015, the State Board adopted emergency conservation
regulations in accordance with the Governor's order, which went into effect on May 18, 2015;
and
WHEREAS, the State Board later adopted urban water supplier conservation tiers
requiring Anaheim to reduce water consumption by twenty percent (20%) as compared to 2013
levels; and
WHEREAS, the Anaheim City Council amended Chapter 10.18 of the Anaheim
Municipal Code in order to address these regulations and assist Anaheim with meeting the State
mandated water reduction targets; and
WHEREAS, through requested voluntary and mandatory conservation from
residents, businesses and Anaheim departments, Anaheim is currently on track to meet the State
mandated 20% conservation standard, which is calculated to be 3.3 billion gallons of water; and
WHEREAS, due to the significant reduction in revenue as a result of the State
mandated water conservation measures, the amount of revenue being collected is no longer
sufficient to maintain current service levels or maintain the financial health of the water utility
despite measures taken to contain costs and with the utilization of reserves; and
WHEREAS, to address this, the Department continues to undertake cost
containment measures and recommends modifications to the Customer Charge component of
Schedule W -G and Schedule W-PFL; and
WHEREAS, the Department also proposes minor modifications to the text of
Schedule W -G and Schedule W-PFL to improve consistency between the two rate schedules; and
WHEREAS, on October 27, 2015, a Notice of Public Hearing was mailed to
property owners of record with the County of Orange as of December 31, 2014 (the most current
tax roll data available), and water utility customers of record as of October 1, 2015, providing an
explanation of the proposed water rate action and the procedure for submitting written protests of
the proposed rate action 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 December 1, 2015 and December 8, 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 November 26, 2015 and December 3, 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 December 16,
2015, and evidence was presented, among other things, in support of the modifications to the
WRRR to increase the Customer Charge per meter size as identified in Schedule W -G and
Schedule W-PFL and make minor modifications to the text of Schedule W -G and Schedule W-
PFL to improve consistency between the two rate schedules; 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:
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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. Section 1221 of the City Charter requires that utility rates shall be
sufficient in order to allow for the payment 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, as applicable, 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 ensure that financial goals are being accomplished.
4. There has been a significant reduction in revenue as a result of the State
mandated water conservation measures.
5. The amount of revenue being collected is no longer sufficient to maintain
current service levels or maintain the financial health of the water utility despite measures taken
to contain costs and with the utilization of reserves.
6. It is reasonable and appropriate to modify rates by making modifications
to the WRRR to increase the Customer Charge per meter size as identified in the General Water
Service (Schedule W -G) and Private Fireline Service (Schedule W-PFL) rate schedules and
make minor modifications to the text of Schedule W -G and Schedule W-PFL to improve
consistency between the two rate schedules as set forth in Attachment A; and
WHEREAS, the Public Utilities Board considered the requirements of 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 Code of Regulations,
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 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 of 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 Code
of Regulations, 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.
3
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.
2. The City Council of the City of Anaheim hereby determines that, in
accordance with CEQA, 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
Code of Regulations, Section 15273(a).
3. 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 shall be, and are hereby adopted by the City Council of the City of
Anaheim effective February 1, 2016.
4. 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 26th 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
MA OR OF THE CI Y OF ANAHEIM
AT
CITY CLERK OF THE CITY OF ANAHEIM
113269
Attachment A
Rate Schedules effective February 1, 2016
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
APPLICABILITY
WATER RATES, RULES
AND REGULATIONS
SCHEDULE W -G
GENERAL WATER SERVICE
Page No. 2.3.1
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 through 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) all 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.
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: 02-01-16 by Resolution No.: Dated:
Dukku Lee Superseding Resolution No.: 2015-127 Dated: 02-24-15
General Manager
PER METER,
PER MONTH
Customer Charge:
5/8" X 3/4" Meter
$ 9.90
1" Meter
12.97
1 1/2" Meter
18.12
2" Meter
24.26
2 1/2" Meter
30.95
3" Meter
40.79
4" Meter
59.30
6" Meter
110.78
8" Meter
172.56
10+" Meter
303.93
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 adjustment and water system reliability adjustment amounts are located in Schedules
W -CA and W -SRA.
Minimum Charge:
The minimum 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: 02-01-16 by Resolution No.: Dated:
Dukku Lee Superseding Resolution No.: 2015-127 Dated: 02-24-15
General Manager
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
APPLICABILITY
WATER RATES, RULES
AND REGULATIONS
SCHEDULE W-PFL
PRIVATE FIRELINE SERVICE
Page No. 2.4.1
This rate schedule is 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.
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: 02-01-16 by Resolution No.: Dated:
Dukku Lee Superseding Resolution No.: 2015-127 Dated: 02-24-15
General Manager
PER METER,
PER MONTH
Customer Charge:
1" Meter
$ 12.97
1 1/2" Meter
18.12
2" Meter
24.26
2 1/2" Meter
30.95
3" Meter
40.79
4" Meter
59.30
6" Meter
110.78
8" Meter
172.56
10+" Meter
303.93
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 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 adjustment and water system reliability adjustment amounts are located in
Schedules W -CA and W -SRA.
Minimum Charge:
The minimum 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: 02-01-16 by Resolution No.: Dated:
Dukku Lee Superseding Resolution No.: 2015-127 Dated: 02-24-15
General Manager