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RES-2017-069RESOLUTION NO. 2017- 0 6 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MODIFYING THE RATES, RULES AND REGULATIONS, 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. 2016-198 AND DETERMINING THAT SAID ACTIONS ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080(B)(8) AND SECTIONS 15061(B)(3) AND 15273(A) 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 the 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 Rates, Rules and Regulations governing water services, fees, and charges 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 Regulatory Relief Initiative"); and WHEREAS, in support of the Anaheim Regulatory Relief Initiative, Department staff reviewed and recommends modifications to Rule Nos. 3, 4, 5, 7, 9, 11, 16, 17, and 21 of the Water Rates, Rules and Regulations to, among other things, reduce and eliminate certain fees and simplify the fee structure; and WHEREAS, notice of the public hearing regarding modifications to Rule No. 21 of the Water Rates, Rules and Regulations (to be renumbered Rule No. 23) was published on March 9, 2017, and March 16, 2017, in the Anaheim Bulletin in accordance with Government Code section 66018, and proof thereof is on file with the Secretary of the Public Utilities Board; and WHEREAS, the Anaheim Public Utilities Board ("Public Utilities Board") held a public hearing on March 22, 2017, and evidence was presented in support of the modifications to the Water Rates, Rules and Regulations which are set forth in Attachment A; and WHEREAS, the Public Utilities Board considered the proposal of the Department and made the following findings with respect to the need for the proposed Attachment A modifications to the Water Rates, Rules and Regulations: (1) it is reasonable and appropriate to modify Rule Nos. 3, 4, 5, 7, 9, 11, 16, and 17 and renumber Rule No. 21 as Rule No. 23 with modifications in order to further the Anaheim Regulatory Relief Initiative by reducing, eliminating, and consolidating fees, offering bill credits in specific situations, offering a new service option, and providing consistency, where appropriate, between Water and Electric Rules; and (2) the proposed changes to Rule No. 23 customer service fees and charges do not exceed the Department's reasonable costs to provide the services set forth therein in conformance with State law; and WHEREAS, based on the findings hereinabove made, the Public Utilities Board recommended that the Anaheim City Council adopt the findings of the Public Utilities Board with respect to the matters contained herein and modify the Water Rates, Rules and Regulations as shown in Attachment A; and WHEREAS, the Anaheim 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 Anaheim City Council as follows: 1. The findings set forth herein are hereby adopted by the Anaheim City Council. 2. The Anaheim City Council hereby determines that, in accordance with CEQA and the State CEQA Guidelines, the proposed modifications to the Water Rates, Rules and Regulations are exempt from CEQA pursuant to Public Resources Code section 21080(b)(8) and sections 15061(b)(3) and 15273(a) of Title 14 of the California Code of Regulations, because it can be seen with certainty that there is no possibility that these rules will have a significant effect on the environment as these modified rules primarily recover costs; involve language clarification and fee consolidation and rule streamlining; and are administrative in nature. 3. The Anaheim City Council hereby adopts the following modifications to the Water Rates, Rules and Regulations: (a) modifications to Rule Nos. 3, 4, 5, 7, 9, 11, 16, and 17 of the Water Rates, Rules and Regulations as set forth in Attachment A; and (b) renumbering of Rule No. 21 of the Water Rates, Rules and Regulations as Rule No. 23 with modifications as set forth in Attachment A. These modifications shall be effective May 1, 2017. 2 4. The Anaheim Public Utilities General Manager is hereby 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 25th day of —April 2017, by the following roll call vote: AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM MAOR OF THE CITY OF ANAHEIM CAO# 121776 3 Attachment A Water Rates, Rules and Regulations Rule Nos. 3, 4, 5, 7, 9, 11, 16, 17, and 23, effective May 1, 2017 M CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Anaheim, CA 92805 RULE NO. 3 APPLICATION FOR SERVICE A. APPLICATION FOR SERVICE Page No. 3.3.1 Each Applicant for Utility Service shall be required to furnish the following information, as applicable: 1, Name, mailing address, and contact telephone number of Applicant, 2. Location of Premises to he served. 3. Date Applicant will be ready for Service. 4. Such other information as the Utility may reasonably require and/or is required by applicable federal or state law. For Recycled Water Service(s), Applicant shall provide the information described in the Recycled Water Users' Guide, The required information may be supplied by the Applicant in writing, in person, or by telephone. An Application for Service shall be required for each individual Service Connection to the Public System. A single Application for Service may include more than one Service Connection when all Service Connections are made at the same relative time as part of a single development under single ownership. The owner of a single development which is constructed in phases shall complete at least one Application per phase of development The Application is a request for Service and does not in itself bind the Utility to serve except under its Tariff Schedules, nor does it bind the Customer to take Service for a longer period than the minimum requirements of the Rate Schedule. No Person shall cause to be made or installed any Service Connection to the Public System without an approved Application from the Utility. B. INDIVIDUAL LIABILITY FOR JOINT SERVICE Two or more Persons who join in one Application or contract for Service shall be jointly and severally liable thereunder and shall be billed by means of a single periodic bill provided to the Person designated on the Application to receive the bill. C. CHANGE IN CUSTOMER'S EQUIPMENT OR OPERATIONS Customers shall give the Utility written notice of the extent and nature of any change in the size or character of the plumbing, equipment, operations, or use of Potable Water or Recycled Water for which the Utility is supplying Senice at least 15 days before making any such change, in order to schedule any corresponding changes to the Utility's Water System. (Continued) ISSUED BY: Effective: 02-01-13 by Resolution No.: 2013-003 Dated: 01-15-13 Marcie L. Edwards Superseding Resolution No.: 2010-200 Dated: 11-16-10 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Anaheim, CA 92805 RULE NO. 3 APPLICATION FOR SERVICE C. CHANGE IN CUSTOMER'S EOUIPMENT OR OPERATIONS (Continued) Page No. 3.3.2 No changes or connections shall be made to On -Site Systems within any site using Recycled Water without approval by the Utility. D. SERVICE ESTABLISHMENT CHARGE I The Utility will charge a service establishment charge for any Service or Services established at an individual Service address. This charge is contained in Rule No. 23. 2. The service establishment charge provided for herein is in addition to the charges in accordance with the applicable Tariff Schedule and may be made each time an account is established. As used herein, establishment means each time an account is opened, including a turn on of Service or a change of name which requires a Meter reading or occupant verification. 3. Service requests will be processed and scheduled on a first-come, first-served basis. If a Customer requests to expedite the establishment of Service, the Utility may fulfill the request on the same day or after the Utility's regular service establishment hours to the extent resources are available. In such cases., an additional charge will be assessed on the Customer in the amounts set forth in Rule No. 23. 4. The service establishment charge is only applicable to Customers of the Utility whose service is directly metered by the Utility. 5. No service establishment charge shall be assessed on Customers requesting a change of name on an account if the new Person to be named on the account can verify that he or she lived at the individual Premises prior to the change of name request 6. No service establishment charge shall be assessed on any new Customer who (i) has an annual household income level of 80Mo or less of the Orange County median, according to the annual Housing and Urban Development Section 8 income guidelines; (ii) is an Anaheim residential water Customer of record; and (iii) meets one of the following guidelines: a. Is at least 62 years of age as demonstrated by submitting a copy of state identification. b. Submits Social Security Supplement to Income (SSI) documentation or a letter from a physician, c. Verifies United States military -veteran status. United States military veteran status refers to current or prior service members of the United States Armed Forces, including members of the National Guard or Reserves. E. SERVICE FOR HOUSING UNITS —AFFORDABLE TO LOWER INCOME HOUSEHOLDS (GOVERNMENT CODE SECTION 65589.7 or successor statuLesj 1 Senate Bill 1087 (Government Code 65589.7 or successor statutes) was enacted to improve the effectiveness of the law in facilitating housing development for lower income households. 2. The City Council adopted written policies and procedures to comply with Senate Bill 1087. The policies and procedures are to be updated at least once every five (5) years. As identified in the adopted policy, the Utility shall grant a priont) for the provision of Service to proposed housing developments that help meet the regional housing needs for lower income households. ISSUED BY: Effective: by Resolution No.: Dated: Dukl%m Lee Superseding Resolution No.: 2013-003 Dated: 01-15-13 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. 3.4.1 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 1. If a Customer 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 (10) calendar days, proiided 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 1. 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: 02-01-16 by Resolution No.: 2016-007 Dated: 01-12-16 Dukku Lee Superseding Resolution No.: 72R-600 Dated: 12-19-72 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.4.2 Anaheim, CA 92805 RULE NO. 4 DEFERRED PAYMENT ASSISTANCE 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 fust 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 based upon the Utility's avoided processing costs as set forth in Rule No. 23. ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2016-007 Dated: 01-12-16 General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 A. CONTRACTS WATER RATES, RULES AND REGULATIONS RULE NO. 5 SPECIAL INFORMATION REQUIRED ON FOR -VS Page No. 3.5.1 Each contract for water service shall contain the following provision: "This contract shall at all times be subject to such changes or modifications by the City Council of the City of Anaheim as said City Council may, from time to time, direct in the exercise of its jurisdiction." B. UTILITY BILL The following statements will be printed on each utility bill: I "Bill or summary bill is due and payable upon receipt." Payment should be made to the City of Anaheim or an authorized agent. 2. "PROCEDURES FOR PROCESSING PAYMENT OF DISPUTED UTILITY BILL Should you have a question regarding this bill or summary bill, please request an explanation from the Customer Services Division of the City of Anaheim, within 10 days after receiving the bill. Your request may be made by telephone (714 254-0125) or in writing (Customer Senice Manager, Public Utilities Department, P.O. Box 3222, Anaheim, California 92803). If, after you receive the explanation from Customer Service, you still believe you have been billed incorrectly, you have ten days to send your entire remittance (payable to the City of Anaheim) with the bill or summary bill and a written statement setting forth the reasons why you believe the bill or suimnary bill is not correct to the General Manager, Public Utilities Department, P.O. Box 3222, Anaheim, California 92803, to avoid discontinuance of service. Upon timely receipt of the written statement, the General Manager will review the basis of the billed amount and communicate the results of the review and decision to the customer. If the matter is not satisfactorily resolved with the General Manager, you may petition the Public Utilities Hearing Board for final determination. In the absence of a timely filed appeal, the decision of the Public Utilities General Manager will be final." C. DISCONTINUANCE OF SERVICE NOTICE (48 br. final notice) The following statement will be printed on each discontinuance of service notice: "If payment is not received by 5:00 p.m. on the date shown above your service will be disconnected without further figgM Full payment of the bill or summary bill plus any reconnection charges will he required prior to any restoration of services. A deposit may be required to reestablish your credit, whether or not service is disconnected for nonpayment" "Tampering with Meter or unauthorized breaking of seal constitutes a misdemeanor. Charges for equipment replacement must be paid in advance of restoring the service." The follow* statement will be printed on each discontinuance of service notice: "If service disconnection becomes necessary, a reconnection charge must be paid for the senrice(s) disconnected, in addition to the amount of your bill, before service can be restored. A deposit or additional deposit may also be required." D. REQIIJ-5T FROM RESIDENTIAL OCCUPANT (TENANT) TO BECOME CUSTOMER If a landlord in a landlord,'residential tenant relationship is responsible for the payment of the water utility bill and the account is in arrears, the residential occupant (tenant) shall have the right to become the Customer without being required to pay the amount due on the landlord's delinquent account. In order for the Utility to make service available, the residential occupant (tenant) must agree to the terms and conditions of service. ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 9511-140 Dated: 07-25-95 General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 WATER RATES, RULES AND REGULATIONS RULE NO. 7 DEPOSITS Page No. 3.7.1 A. CrENERAL The Utility may assess two separate deposits to Customers, (a) a Service deposit; and,or (b) Diversion Deposit (as defined in Rule No. 6). Service deposits shall be required when an Applicant or Customer is otherwise unable to satisfactorily meet the creditworthiness requirements set forth in Rule No. 6. The Utility will require Diversion Deposits as set forth in Rule No. 6. B. AMOUNT OF DEPOSIT 1. The amount of Service deposit required to secure payment or reestablish credit for Service is twice the estimated average bill or, in the case of a Customer, an amount equal to twice the Customer's average bill. Notwithstanding the foregoing, the Utility may reduce the Service deposit amount for the Customer in the event of extenuating circumstances. A Service deposit shall not be less than the Minimum Deposit as set forth in Rule No. 23. For Diversion Deposits, the deposit shall be twice the amount of the estimated loss to the Utility resulting from the Diversion (as defined in Rule No. 6), but in no case shall the amount be less than the Minimum Diversion Deposit as set forth in Rule No. 23. If at any time the Utility determines that the amount of an existing deposit or the lack of a deposit no longer equals the amount of deposit required, it may require the Customer to provide a deposit or an increase in the amount of the existing deposit. A reevaluation of the deposit amount will be triggered when a Customer has more than, one occurrence of late payment, returned items (including, but not limited to, bad checks and reversed credit card charges), or Diversion. C. RETURN OF DEPOSIT 1 After a Customer closes their account, the Utility will use the Customer's Service deposit and/or Diversion Deposit to offset any unpaid account balance for Services prodded. If any amount remains of the deposit or deposits after this offset, the Utility will refund the remaining balance to the Customer within a reasonable time; except the Utility shall not be required to refund any deposit where the cost to the Utility for processing such refund, which is determined to be five dollars ($5.00), exceeds the deposit balance. A Diversion Deposit will only be returned in accordance with this Rule No. 7-C.1. 2. For the Service deposit of a Customer who is billed monthly, the Utility will refund the Service deposit after the Customer has paid their Service bills to the Utility (a) for twelve (12) consecutive monthly billing periods, and (b) before the bills become past due. If the Customer fails to meet these criteria, the Utility will review the Customer's account every monthly billing period to determine whether the above- described criteria have been met and, once the criteria have been met, the Utility will refund the deposit. For Rule No. 6 and this Rule No. 7 only, monthly billing period means the one month period or portion thereof of Service that the Customer receives from the Utility. (Continued) ISSUED BY: Effective: by Resolution No-: Dated: Dukku Lee Superseding Resolution No.: 2013-115 Dated: 07-23-13 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Anaheim, CA 92805 RULE NO. 7 DEPOSITS C. RETURN OF DEPOSIT (Continued) Page No. 3.7.2 3. For the Service deposit of a Customer who is billed every two months, the Utility will refund the Service deposit after the Customer has paid their Service bills to the Utility (a) for six (6) consecutive bimonthly billing periods and (b) before the bills become past due. If the Customer fails to meet these criteria, the Utility will review the Customer's account every bimonthly billing period to determine whether the above- described criteria have been met and, once the criteria have been met, the Utility will refund the Service deposit. For Rule No. 6 and this Rule No. 7 only, bimonthly billing period means the two month period or portion thereof of Senice that the Customer receives from the Utility. 4. The Utility will refund the Service deposit after a Customer who is billed annually has timely paid their Service bills (a) for two (2) consecutive annual billing cycles and (b) before the bills become past due. If the Customer fails to meet these criteria, the Utility will not refund the deposit. For every annual billing period after this review, the Utility will reNiew the Customer's account to determine whether the above- described criteria have been met and, once the criteria have been met, the Utility will refund the Service deposit. For Rule No. 6 and this Rule No. 7 only, annual billing period means the one year period or portion thereof of Service that the Customer receives from the Utility. 5. If a Customer switches their billing period, the Utility will not refund a Service deposit until that Customer meets the requirements of the newly selected billing period 6. At the Utility's discretion and if a Customer meets the applicable requirements set forth above, the Utility may return the Service deposit to the Customer or the Utility may transfer the Service deposit to other accounts under the same Customer's name. The Utility will only make refunds of deposits to that Customer's name appearing on the Customer's Utility account. D. INTEREST ON DEPOSITS There shall be no interest paid on deposits held by the Utility. E. ASSISTANCE WITH SERVICE DEPOSITS Customers requiring assistance with the payment of the Service deposit may request an extended payment plan to make the required payments to establish or reestablish Service. if the Customer fails to pay the deposit in accordance with the payment plan, the Utility may terminate the Customer's Service. ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2013-115 Dated: 07-23-13 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Anaheim, CA 92805 RULE NO. 9 RENDERING AND PAYMENT OF BILLS A. RENDERING OF BILLS OR SUMMARY BILLS Page No. 3.9.1 1. Billing Period. Bills or Summary Bills for Service will be rendered bimonthly, monthly, or as otherwise provided in the Tariff Schedules. 2. Metered Service. a. Bills or Summary Bills for metered Service will be based on Meter registrations. Meters will be read as rewired for the preparation of regular bills, Summary Bills, opening bills and closing bills. b. If, because of unusual conditions or for reasons beyond its control, the Utility is unable to read the Customer's Meter on the scheduled reading date, the Utility may bill the Customer for estimated consumption during the Billing Period and make any necessary corrections lA yen a reading is obtained. Estimated consumption for this purpose will be calculated considering the Customer's prior usage, the Utility's experience with other Customers of the same class in that area, and the general characteristics of the Customees operations. Adjustments for any underestimation or overestimation of a Customer's consumption will be reflected on the first regularly scheduled bill rendered and based on an actual reading following any periods when estimation is required. When a Service start date can be reliably estimated, the undercharge can be computed back to that date, exclusive of Rule No. 17. Physical access to the Meter, sufficient to permit its being read by the Utility, shall be provided by the Customer as a prerequisite to the Utility making any adjustment for consumption billed on an estimated basis. 3. Pro Rata Computation. All bills or Summary Bills for Service rendered will be computed in accordance with the applicable thirty -day Rate Schedule, but the amount of the customer charge, service charge, or minimum charge, specified therein, will be prorated on the basis of the ratio of the number of days Service has been rendered to the number of days in an average month of thirty days. B. READINGS OF SEPARATE METERS NOT COMBINED For the purpose of billing, each Meter upon the Customer's Premises will be considered separately, and the readings of two or more Meters will not be combined. C. PAYMENT OF BILLS 1. All bills or Summary Bills are due upon receipt. Customer shall make payment to the Utility at the City of Anaheim, Division of Collections, by mail to City of Anaheim, 201 South Anaheim Boulevard, P.O. Box 3069, Anaheim, CA 92803, by telephone at 714-765-3300, online at www.anaheini.net, or as determined by the General Manager. 2. Customer shall pay the Utility bills for connection or reconnection of Service and deposit payments as required under the Rules before Service will be connected or reconnected, or as determined by the General Manager. The Utility shall not provide a Service Connection for a Premise where past due charges, fees and/or penalties exist and the Service Connection requested is from an adult who lived at the Premises when those charges, fees, and/or penalties accrued. That adult person shall pay the Utility all past due charges before a Service Connection will be provided. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2014-002 Dated: 01-07-14 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Anaheim, CA 92805 RULE NO. 9 RENDERING AND PAYMENT OF BILLS D. RETURNED CHECK CHARGE Page No. 3.9.2 The Utility may require payment of a returned check charge (item handling fee) equal to that permitted under the City of Anaheim Municipal Code for any check or other negotiable instrument returned from the bank unpaid. In the event that the Utility determines that the returned check or other negotiable returned instrument did not occur as a result of any actions or omissions by the Customer, the Utility may waive the returned check charge (item handling fee). E. LATE PAYMENT CHARGE A late payment charge of 1.0% may be applied to the total unpaid balance of a Customer account if the Customer's payment is not received by the date indicated on the Customer account bill or Summary Bill, ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2014-002 Dated: 01-07-14 General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 WATER RATES, RULES AND REGULATIONS RULE NO. 11 DISCONTINUANCE AND RESTORATION OF SERVICE Page No. 3.11.1 A. PAST DUE BILLS OR SUMMARY BILLS Bills or Summary Bills rendered will be considered past due if not paid within fifteen (15) days after date of presentation. B. NONPAYMENT OF BILLS When a bill or Summary Bill for Ser -,ice has become past due and an overdue notice and final notice have been issued, Service may be discontinued if the bill or Summary Bill is not paid within the time required by such notice. Any Customer who contests billed consumption, and has initiated a complaint or requested an investigation within 5 days of receiving said bill or Summary Bill, shall not have Service discontinued for nonpayment during the pendency of an investigation by the City of the Customer's dispute or complaint provided the Customer also keeps current the account for Services as charges accrue in each subsequent billing period. Services shall not be discontinued for nonpayment for any Customer complying with an amortization agreement entered into with the City, provided the Customer also keeps current the account for Services as charges accrue in each subsequent billing period. If in a landlord/residential tenant relationship a landlord is responsible for payment of the water utility bill and the Sen -ice is through a master Meter, the Utility shall not terminate residential occupant (i.e., tenant) Service during the pendency of an investigation by the Utility of a Customer dispute or complaint, even if the Customer does not keep current the account for Services or if the Customer has been granted an extension of the period for payment of a bill. 2. Services to a residential Customer will not be discontinued for non-payment when the Customer has established to the satisfaction of the City that such termination would be especially dangerous to the health of the Customer or a full time resident of the Customers household. Certification from a licensed physician, public health nurse, or a social worker may be required by the City. The City shall make available to Customers, upon request, information regarding agencies and'or organizations that may provide financial assistance. If in a landlord/residential tenant relationship a landlord is responsible for payment of the water utility bill and the Service is through a master Meter, the Utility shall not terminate residential occupant (i.e., tenant) Service if a public health or building officer certifies that termination would result in a significant threat to the health or safety of the residential occupants or the public. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2014-002 Dated: 01-07-14 General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 WATER RATES, RULES AND REGULATIONS RULE NO. 11 DISCONTINUANCE AND RESTORATION OF SERVICE B. NONPAYMENT OF BILLS (Continued) Page No. 3.11.2 3, A Customer's Service may be discontinued for nonpayment of a bill or Summary Bill for Service preciously rendered him at any location served by the Utility provided such bill is not paid within 15 days after presentation of a notice that present Service will be discontinued for nonpayment of such bill or Summary Bill for prior Service. However, residential Service will not be discontinued because of nonpayment of bills for other Classes of Service. The Utility shall not terminate residential occupant (i.e., tenant) Service if a delinquent account relates to another property owned, managed, or operated by the Customer. 4. If a Customer is receiving more than one Service, any or all Services may be discontinued when any Service, regardless of location, is discontinued for nonpayment. However, residential Service will not be discontinued because of nonpayment of bills or Summary Bills for other Classes of Service. The Utility shall not terminate residential occupant (i.e., tenant) Service if a delinquent account relates to another property owned, managed, or operated by the Customer. 5, Under no circumstances may Service be discontinued for nonpayment of a bill or Summary Bill to correct previously billed incorrect charges for a period in excess of the preceding three months, unless such incorrect charges have resulted from the Customer not abiding by the applicable Tariff Schedules. 6. On any Saturday, Sunday, legal holiday recognized by the City of Anaheim, or at any time during which the business office of the City is not open to the public, Service will not be discontinued on those days by reason of delinquency in payment for Services. C. UNSAFE EQUIPMENT AND SERVICE DETRIMUUAL TO OTHER CUSTOMERS The Utility may refuse or immediately discontinue Service to a Customer if the Utility determines (1) any part of their plumbing or other equipment, or the use thereof, is unsafe or in violation of applicable laws, ordinances, rules or regulations of public authorities, or (2) any condition or use existing upon the Customer's Premises, which is detrimental to Utility's facilities or impairs the ability of the Utility to provide Service to its Customers, The Utility shall not provide Service or continue Service until the conditions described in (1) and (2) of the previous sentence no longer exist. The Utility may provide written or telephonic notice prior to discontinuation of Service when the Utility determines circumstances allow for such notice. The Utility does not assume any responsibility for inspecting or repairing the Customer's plumbing or other equipment or any part thereof and assumes no liability therefor. The Utility will not provide Service to any equipment the operation of which will be detrimental to the Service of the Utility or its other Customers, and will discontinue Service to any Customer who continues to operate such equipment after having been given written or telephonic notice by the Utility to cease doing so. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2014-002 Dated: 01-07-14 General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Bled, Anaheim, CA 92805 WATER RATES, RULES AND REGULATIONS RULE NO. 11 DISCONTINUANCE AND RESTORATION OF SERVICE Page No. 3.11.3 D. FRAUD The Utility may refuse or discontinue Service if the Utility determines the acts of the Customer or the conditions upon their Premises indicate (1) an intent to defraud the Utility, or (2) the occurrence of a Diversion as defined in Rule No. 6. A fee will be collected for the investigation of acts of fraud and/or Diversion as set forth in Rule No. 23, provided, however, that said fee shall not limit Customer's liability for any fraud or other Diversion. The Utility may provide written notice prior to discontinuation of Service when the Utility determines circumstances allow for such notice. E. FAILURE TO ESTABLISH OR REESTABLISH CREDIT If, for an Applicant's convenience, the Utility provides Service before Applicant establishes creditworthiness or continues Service to a Customer when creditworthiness has not been reestablished and the Customer fails to establish or reestablish their creditworthiness in accordance with Rule No. 6, the Utility may discontinue Service the following business day after this failure. F. NONCOMPLIANCE Except as otherwise specifically provided in this Rule No. 11, the Utility may discontinue Service to a Customer for noncompliance with the Rates, Rules and Regulations if, after at least five (5) days written notice to the Customer, the Customer has not complied with the notice. The Utility may dispense v ith the giving of such notice in the event the Utility determines the existence of dangerous conditions or other circumstances that require the immediate discontinuation of Service. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2014-002 Dated: 01-07-14 General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim. CA 92.805 WATER RATES, RULES AND REGULATIONS RULE NO. 11 DISCONTINUANCE AND RESTORATION OF SERVICE G. CUSTOMER'S REQUEST FOR PERMANENT SERVICE DISCONTINUANCE Page No. 3.11.4 When a Customer desires to terminate their responsibility for Service, the Customer shall give the Utility not less than two (2) days notice of their intention and provide (1) the date on which the Customer wishes the termination to become effective, and (2) the address to which the closing bill is to be mailed. A Customer may be held responsible for all Service furnished at the Customer's Premises until two days after receipt of such notice by the Utility or until the date of termination specified in the notice, whichever date is later. H. CUSTOMER'S REQUEST FOR TEMPORARY SERVICE DISCONTINUANCE Where the use of water is seasonal or intermittent, no adjustment will be made for a temporary reduction of usage. Any Customer v.4io resumes Senice within twelve months must pay all charges that would have been billed had Service been continuous. I. RESTORATION - RECONNECTION CHARGE Prior to restoring Service that has been discontinued for nonpayment of bills or for failure otherwise to comply with the Rates, Rules and Regulations, the Customer shall pay a reconnection charge for each incident in which the Ser-6ce(s) vras, disconnected. In the event that the Utility determines that the Customer is not at fault, including situations such as a payment being lost in the mail or other such situations, the Utility may waive the reconnection charge. If Service(s) has been restored illegally or damaged due to tampering, the Customer must compensate the Utility for all damage incurred by the Utility prior to reconnection. The Customer is responsible for all damage incurred by the Utility whether or not Service is reconnected. If Customer requests to expedite the restoration/reconnection, the Utility may fulfill the request after the Utility's regular restoration/reconnection hours to the extent resources are available. In such cases, an additional charge will be assessed on the Customer in the amount set forth in Rule No. 23. J. REQUEST FROM RESIDENTIAL OCCUPANT (TENANT) TO BECOME CUSTOMER If a landlord in a landlord/residential tenant relationship is responsible for the payment of the water utility bill and the account is in arrears, the residential occupant (i.e., tenant) shall have the right to become the Customer without being required to pay the amount due on the landlord's delinquent account. In order for the Utility, to make Service available, the residential occupant (i.e., tenant) must agree to the terms and conditions of Service. K. STATE LAW Should there be a conflict between this Rule No. 11 and Public Utilities Code Sections 10001 et, seq., as amended from time to time, the Public Utilities Code and its amendments will prevail, ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No,: 2014-002 Dated: 01-07-14 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 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-nistalled 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.: 2013-149 Dated: 09-24-13 General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 WATER RATES, RULES AND REGULATIONS I�Ia 11 �►[i�i� SERVICE CONNECTIONS METERS AND CUSTOMERS' FACILITIES Page No. 3.16.2 B. SERVICE CONNECTION AND METER INSTALLATION CHARGES (Continued) 3. 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. 4. 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. 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. 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 as set forth in Rule No. 23 based upon the specific circumstances. (Continued) ISSUED BY: Effective: Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2013-149 Dated: 09-24-13 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-ovmed Service facilities are located on a Customer's Premises. E. ACCESS TO PREMISES OF CUSTOMER I 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. 2. 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 1. 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: Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2013-149 Dated: 09-24-13 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) 2. Special Protective Devices Required 0 Page No. 3.16.4 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 other:=ise 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: Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2013-149 Dated: 09-24-13 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) 4. Periodic Inspection and Testing of Protective Devices Page No. 3.16.5 Whenever backflow protective de -vices 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 UtiliW, 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 I 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 ffurnishilng of Services and exercise of any and all rights secured to it by law or the 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 Rescheduled Meter Read Charge if the Utility cannot gain access to the Customer's metering equipment on the scheduled read date. Rule No. 23 contains the above referenced charges. 4. If a Customer installs an automated Meter after being assessed a Rescheduled Meter Read Charge for the Utility's inability to previously access Customer's Premises, the Utility may, at its discretion, reimburse the fee. ISSUED BY: Effective: Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2013-149 Dated: 09-24-13 General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 WATER RATES, RULES AND REGULATIONS RULE NO. 17 METER TESTS AND ADJUSTMENT OF BILLS FOR ERRORS Page No. 3.17.1 A. TESTS I Customer Request. A Customer may, on notice of not less than one week, require the Utility to test the Meter for the Customer's Service. Should a Customer request a test more often than once in six (6) months, a Meter test fee will be required to be paid by Customer to cover the cost of the test. This Meter test fee will be refunded if the Utility determines the Meter to register more than 2% fast or 2% slow; however, if no such circumstances exist, the Utility will retain the Meter test fee to cover its Meter testing costs. The amount of the Meter test fee required shall be based on the Utility's labor and material costs to perform the test in accordance with Rule No. 23. A Customer shall have the tight to require the Utility to conduct the test in the Customer's presence or in the presence of an expert or other representative appointed by the Customer. The results of the test will be furnished to the Customer within a reasonable time after completion of the test, B. ADJUSTMENT OF BILLS FOR ERROR Fast Meters. When, upon testing, the Utility determines a Meter to be registering more than 2% fast, the Utility will refund to the Customer the amount of the overcharge, based on corrected Meter readings, subject to the provisions of paragraph 5 hereof. Slow Meters. When, upon testing, the Utility determines a Meter to be registering more than 2% slow, the Utility may bill the Customer for the amount of the undercharge, based on corrected Meter readings, subject to the provisions of paragraph 5 hereof. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2014-002 Dated: 01-07-14 General Manager CITY OF ANAHEIM Utilities Financial Services 241 S. Anaheim Blvd. Anaheim, CA 92805 WATER RATES, RULES AND REGULATIONS RULE NO. 17 METER TESTS AND ADJUSTMENT OF BILLS FOR ERRORS B. ADJUSTMENT OF BILLS FOR ERROR (Continued) Page No. 3.17.2 Nonregistering Meters. When, upon testing, the Utility determines a Meter to be nonregistering. the Utility may bill the Customer for the estimate of water consumed but not registered, subject to the provisions of paragraph 5 hereof. The Utility will estimate bills for this purpose based on the Customer's prior use, the Customers subsequent use correctly metered, the Utility's experience with other Customers of the same class, and the general characteristics of the Customer's operation. 4. In the event of either (a) inaccuracies of Meter reading recording caused by Utility error, or (b) inaccurate bills as a result of Utility clerical or other Utility -caused Meter errors, the Public Utilities General Manager may, at their discretion, correct back to the date for which the Utility can reliably determine the overcharge or the undercharge. In cases where water consumption dates or other factors required for application of Rate Schedules or other provisions are not subject to exact determination or are in question or dispute relative to Service or rate application, the Public Utilities General Manager may establish such factors by tests, analysis, and -,or investigations to determine the proper basis for making an adjustment, if any. 5. a. Undercharges. For any errors listed in B.1. to B.4, the Public Utilities General Manager may, at their discretion, make an undercharge adjustment upon their finding that (1) the undercharge occurred through no actions or omissions of the Customer and (2) the Customer had no knowledge of the undercharge or could not have reasonably been aware of it. If the Utility can reliably establish the error date or such date determined in the manner set forth in B.4. herein, the undercharge may be computed back to that date provided, however, that in no case will a bill for an undercharge exceed a twelve (12) month period. b. Overcharges. For any errors listed in B.1 to B.4, the Utility may compute back the overcharge to that date or such date determined in the manner set forth in B.4 herein, provided, however, that in no case will a refund for an overcharge exceed a twenty-four (24) month period for all Service schedules unless directed otherwise by the Public Utilities General Manager or a representative designated by the Public Utilities General Manager. b. In the event that the Utility determines that a billing error occurred and after all billing corrections hal e been made, the Utility may provide a courtesy credit to Customers as set forth in Rule No. 23. ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2014-002 Dated: 01-07-14 General Manager CITY OF ANA 1EINI Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 Applicability WATER RATES, RULES AND REGULATIONS RULE NO. 23 CUSTOMER SERVICE FEES AND CREDITS Applicable to all Classes of Service. Page No. 3.23.1 Rule Number Description FeeiCredit Amount 3 Service Establishment Charge $10.00 3 Same Day Service Establishment (Additional Charge) $35.00 3/11 After Hours Service Establishment or Reconnection (Additional Charge) $60.00 4 Paperless and Automatic Electronic Payment Credit $1 per bill 7 Minimum Deposit $45.00 7 Minimum Diversion Deposit Residential service Non-residential service $45.00 An amount equal to calculated deposit 9 Returned Check Charge (Item Handling Fee) In accordance with Anaheim's Municipal Code 11 Reconnection Charge $20.00 11 Investigation Charges $70.00 Minimum 11 Damaged Locking DeN ice $5.00 11 Repair or Replace Damaged Meter Labor & Material 16 Rescheduled Meter Read Charge $25.00 16 Missed Appointment Courtesy Credit Up to $50 17 Billing Error Courtesy Credit $25 17 Meter Test Labor & Material ISSUED BY: Effective: Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2005-39 Dated: 03-29-05 General Manager CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2017-069 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 25th day of April, 2017 by the following vote of the members thereof: AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of April, 2017. (SEAL)