RES-2018-022RESOLUTION NO. 2018-022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM MODIFYING THE WATER RATES, RULES AND
REGULATIONS BY MODIFYING RULE NO. 3, WHICH DOES
NOT INCREASE RATES, FOR THE SALE AND
DISTRIBUTION OF WATER AS ADOPTED BY RESOLUTION
NO. 72R-600 AND MOST RECENTLY AMENDED BY
RESOLUTION NO. 2017-069 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 15060(C)(3), 15061(B)(3), 15273(A), AND
15378(B)(2)(4)(5) 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 ("AMC") 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 Canyon Fire 2 swept through Anaheim on October 9, 2017; and
WHEREAS, on October 9, 2017, the Director of Emergency Services of the City
of Anaheim ("Director") issued a proclamation of the existence of a local emergency pursuant to
California Government Code Section 8630 and AMC Section 6.04.060 as a result of the Canyon
Fire 2; and
WHEREAS, on October 12, 2017, the Anaheim City Council ratified the
proclamation of local emergency issued by the Director pursuant to Government Code Section
8630 and AMC Section 6.04.060; and
WHEREAS, as a result of the Canyon Fire 2, thirty-one residential structures in
Anaheim have been completely destroyed or partially damaged. Additionally, a limited number
of trees designated by the AMC as "Specimen Trees" were damaged; and
WHEREAS, on November 7, 2017, the Anaheim City Council designated Anaheim
as a City of Kindness affirming its commitment to fostering community and building resiliency
through everyday acts of kindness; and
WHEREAS, in recognition of Anaheim's Commitment to Kindness, at the
November 21, 2017 Anaheim City Council meeting, the Anaheim City Council requested that
staff review and make recommendations on how Anaheim can help families affected by the
Canyon Fire 2; and
WHEREAS, at the December 19, 2017 Anaheim City Council meeting, the
Anaheim City Council adopted Resolution No. 2017-185, which approved and authorized a fast -
tracked and no -cost plan review program and waived Public Works, Building, Planning, and Fire
plan check fees applicable to the repair or reconstruction of structures damaged as a result of the
Canyon Fire 2 to expedite residential restoration and the rebuilding process; and
WHEREAS, in support of the Anaheim City Council's earlier request and action,
the Public Utilities Department ("Department") proposes to provide similar assistance to
residential property owners impacted by the Canyon Fire 2 through expedited plan check reviews
and no -cost services for temporary water and electric service connections, plan check,
design/engineering, and inspection; and
WHEREAS, staff reviewed and recommends modifications to Rule No. 3 of the
Water Rates, Rules and Regulations to, among other things, support residential property owners
impacted by declared emergency events, including the Canyon Fire 2, by temporarily waiving
certain Department charges or portions thereof; and
WHEREAS, at its regular meeting on January 24, 2018, the Anaheim Public
Utilities Board ("Public Utilities Board") was presented with proposed Rule No. 3 modifications;
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 modifications to the
Water Rates, Rules and Regulations: it is reasonable and appropriate to modify Rule No. 3 as set
forth in Attachment A in order to (a) support residential property owners impacted by the
Canyon Fire 2 by temporarily waiving certain charges or portions thereof; (b) streamline the
process for the Department, as authorized by the Public Utilities General Manager, to
temporarily waive certain charges or portions thereof for future emergency events as declared by
the Anaheim City Council, or proclaimed or declared by another governing body vested with the
authority to make such a proclamation or declaration where the emergency event results in the
total destruction or partial damage to residential structures existing at the time the emergency
event occurs, which allows for implementation of such assistance by the Department without
delay; and (c) consolidate provisions into Rule No. 3, which authorize temporary waivers of
charges or portions thereof to residential customers when an emergency event has been declared;
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 No. 3 as
set forth in Attachment A; and
2
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 No. 3 as set forth in
Attachment A are exempt from CEQA pursuant to Public Resources Code, section 21080(b)(8),
and sections 15060(c)(3), 15061(b)(3), 15273(a), and 15378(b)(2)(4)(5) of Title 14 of the
California Code of Regulations, because it can be seen with certainty that there is no possibility
that Rule No. 3 will have a significant effect on the environment because the modifications are
administrative in nature, primarily provide expedited and no -cost temporary utility services for
residential property owners impacted by declared emergencies, and are not a project as defined
in Section 15378 of the CEQA Guidelines.
3. The modifications to the Water Rates, Rules and Regulations shall be, and
are hereby adopted by the Anaheim City Council with Rule No. 3 to become effective March 1,
2018, as reflected in Attachment A and as more fully set forth in the text of Rule No. 3.
4. Neither this Resolution nor anything contained herein shall be construed
as amending or modifying any existing Water Rates, Rules and Regulations rates or charges.
5. 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.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 27�h day of February, 2018, by the following roll call vote:
AYES: Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes,
Kring, and Faessel
NOES: None
ABSENT: None
ABSTAIN: None
CITY ANAHRM
MA OR OF THE CITY OF ANAHEIM
ATTEST:
A CLE OF THE CITY OF ANAHEIM
126240
3
Attachment A
Rule No. 3 of the
Water Rates, Rules and Regulations
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 be 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
Service 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 RA'Z'ES, RULES
Utilities Financial Services AND REGULATIONS
201 S. Anaheim Blvd. Page No. 3.3.2
Anaheim, CA 92805
RULE NO. 3
APPLICATION FOR SERVICE
C. CHANGE IN CUSTOMER'S EQUIPMENT OR OPERATIONS (Continued)
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
1. 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 80% or less of the Orange County median, according to the annual Housing and Urban
Development Section 8 income guidelines; (ti) 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 statutes)
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 priority for the provision of Service to proposed housing developments that help meet
the regional housing needs for lower income households.
(Continued)
ISSUED BY: Effective: by Resolution No.: Dated:
Dukku Lee Superseding Resolution No.: 2017-069 Dated: 04-25-17
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
F. TEMPORARY WAIVER OF CHARGES DUE TO DECLARED EMERGENCIES
Page No, 3.3.3
1. The Utility, as authorized by the General Manager, may waive certain charges or portions thereof
related to a) Customer service charges, b) Temporary Service, c) service connection plan checks,
design/engineering, and inspection, and/or d) related administrative charges, in the event an
emergency or local emergency, as those terms are defined in the Government Code, as amended, or
Anaheim Municipal Code, as amended, is proclaimed or declared by the City Council or other
governing body vested with the authority to make such a proclamation or declaration, and the event
results in the total destruction or partial damage to residential structures existing at the time the
emergency or local emergency occurs.
2. The Utility may provide partial service restoration at no charge to the existing property owner
Applicant, if the Planning and Building Department, Fire Department, and/or Utility determine that
partial service restoration will not result in further damage to Utility equipment/facilities or that
residential structure or adjacent structures.
3. The Utility shall expedite requests for plan check reviews and schedule service connections, to the
extent feasible, subject to the quantity and frequency of such requests.
4. Waived charges shall apply to the existing property owner Applicant for one year from the date the
emergency or local emergency is proclaimed or declared, unless the City Council declares otherwise.
ISSUED BY: Effective: by Resolution No.: Dated:
Dukku Lee Superseding Resolution No.: Dated:
General Manager
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original Resolution No. 2018-022 adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 27th day of February, 2018 by the following vote of the members
thereof:
AYES: Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes,
Kring, and Faessel
NOES: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of February, 2018.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)