RES-2018-036RESOLUTION NO. 2018-036
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM MODIFYING THE ELECTRIC RATES, RULES
AND REGULATIONS BY MODIFYING RULE NO. 24, WHICH
DOES NOT INCREASE RATES, FOR THE SALE AND
DISTRIBUTION OF ELECTRICITY AS ADOPTED BY
RESOLUTION NO. 71R-478 AND MOST RECENTLY
AMENDED BY RESOLUTION NO. 2018-021 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 an electric generation
and distribution system for the furnishing of electricity to residents and businesses of Anaheim
and has adopted Electric Rates, Rules and Regulations for the sale and distribution of electricity;
and
WHEREAS, the Anaheim Municipal Code ("AMC") authorizes the Anaheim City
Council to approve reasonable Rates, Rules and Regulations governing electric services and fees
for providing electric services; and
WHEREAS, Anaheim established various rules of the Electric Rates, Rules and
Regulations for these purposes; and
WHEREAS, at the May 23, 2017 City Council meeting, the Anaheim City
Council requested that staff explore the AMC as it relates to the display of temporary banners on
street light poles for the purpose of encouraging civic engagement and to return with
recommended modifications, if necessary; and
WHEREAS, the Public Utilities Department, Planning Department, Public Works
Department, and City Attorney's Office have collaborated and identified recommended
standards and necessary procedures to implement the Anaheim City Council's request; and
WHEREAS, in support of the Anaheim City Council's request, Public Utilities
Department ("Department") staff reviewed and recommends modifications to Rule No. 24 of the
Electric Rates, Rules and Regulations to, among other things, recover the labor, equipment, and
materials costs for the installation and removal of temporary street light pole banners and ensure
that the banners do not compromise the structural integrity of street light poles or obstruct
roadway visibility in order to protect public health, safety, and welfare and street views; and
WHEREAS, a Notice of Public Hearing was published on November 2, 2017, and
November 9, 2017, in the Anaheim Bulletin; and
WHEREAS, at a public hearing on November 15, 2017 noticed in accordance
with Government Code sections 66016 and 6062(a), the Anaheim Public Utilities Board ("Public
Utilities Board") was presented with Rule No. 24 as related to the recovery of labor, equipment,
and materials costs for the installation and removal of temporary street light pole banners and a
minor update to a provision related to a customer courtesy credit; 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
Electric Rates, Rules and Regulations: it is reasonable and appropriate to modify Rule No. 24 as
set forth in Attachment A in order to (a) support civic engagement through the installation and
removal of temporary banners on street light poles owned, controlled, and maintained by the
Department in the public right of way; (b) allow for cost recovery of labor, equipment, and
materials related to the installation and removal of temporary banners on street light poles; (c)
ensure that the banners do not compromise the structural integrity of street light poles or obstruct
roadway visibility in order to protect public health, safety, and welfare and street views, by
having the Department provide technical requirements and install and remove the banners with
Department staff reviewing each request and determining the acceptable number, size, and
locations of the temporary banners; and (d) ensure consistency within the Rates, Rules and
Regulations by making a minor update to a provision related to a customer courtesy credit; 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. 24 as
set forth 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 herein above.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim as follows:
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 and the State CEQA Guidelines, the modifications to Rule No. 24 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. 24 will have a significant effect on the environment as the modifications
primarily recover costs; involve language clarification; and are administrative in nature.
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3. The modifications to the Electric Rates, Rules and Regulations shall be,
and are hereby adopted by the City Council of the City of Anaheim with Rule No. 24 to become
effective March 27, 2018, as reflected in Attachment A and as more fully set forth in the text of
Rule No. 24.
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 Electric 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 27th day of March , 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 OF ANAHEIM
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
G CITY CLE OF THE CITY OF ANAHEIM
125365
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Attachment A
Rule No. 24 of the
Electric Rates, Rules and Regulations
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
ELECTRIC RATES, RULES
AND REGULATIONS
RULE NO. 24
ELECTRIC DIVISION CHARGES
Page No. 3.24.1
The following charges and bonds are to be assessed, as appropriate, from builders, developers, and Customers
requiring the Utility's services or relocations. The charges set forth in this Rule are based on costs for labor,
equipment, and materials incurred by the Utility.
A. SUBDIVISIONS - RESIDENTIAL
Chapter 17.08.450 of the Municipal Code requires developers to post a Subdivision and Tract
Improvement Bond for Public Improvements. The estimated cost for electrical underground
utilities: $4,500 per acre.
Rule No. 15, Line Extensions, or successor Rule of the Electric Rates, Rules and Regulations
provides that the developer, subdivider or other Customers requesting extensions within new
residential subdivisions shall pay, before start of construction, a non-refundable sum as
determined by the Utility based upon:
a. All costs for labor, equipment, and materials for the installation of said underground
system, and the preparation of plans, specifications and inspections for said system.
b. The per Premises charge will be established by the Electrical Engineering Division on a
work order basis for the cost of labor and expenses incurred by the Utility in making such
installation.
3. In addition to the above costs, the developer shall install supporting structures as determined by
the Utility, including necessary trenching, conduits, vaults, and related work in accordance with
Rule No. 15 or successor Rule.
4. If construction of the subdivision underground utility facilities has not begun within 12 months of
the date of the payment, the per Premises charge shall be recalculated based upon current costs of
labor and materials, and paid by the developer before construction proceeds.
5. These compatible unit costs used in work orders shall be reviewed and updated periodically to
reflect current expenses incurred by the Utility for installation of this type of underground facility.
6. Costs for installation of an Underground Line Extension (backbone) in developer provided conduit
and substructure systems shall be determined by the Electrical Engineering Division, based upon
plans prepared or approved by the Utility, and billed according to Rule No. 15.
B. RESIDENTIAL SERVICE CHARGES
Applicants requesting new or upgraded residential service shall pay, prior to the Meter set, for each
installation and will be charged on a work order basis for the cost of labor, equipment, and materials
incurred by the Utility in making such installation.
C. COMMERCIAL/INDUSTRIAL SERVICE CHARGES
Applicants requesting commercial/industrial service shall pay, prior to the Meter set, for each installation
and will be charged on a work order basis for the cost of labor, equipment, and materials incurred by the
Utility in making such installation.
D. ENGINEERING CHARGES FOR REDESIGN
If a contractor/builder/developer requests the Utility to revise, redesign, or change the Electrical Utility
system design for a project after final approval, and such request requires additional engineering and/or a
reassignment of priorities to accommodate the contractor'slbuilder's/developer's construction schedule,
the Customer shall pay for the cost of labor and other costs incurred by the Utility.
(Continued)
ISSUED BY: Effective: by Resolution No.: Dated:
Dukku Lee Superseding Resolution No.: 2013-148 Dated: 09-24-13
General Manager
CITY OF ANAHEIM ELECTRIC RATES, RULES
Utilities Financial Services AND REGULATIONS
201 S. Anaheim Blvd.
Anaheim, CA 92805
RULE NO. 24
ELECTRIC DIVISION CHARGES
E. TEMPORARY POWER AND SERVICE CHARGES
Page No. 3.24.2
Applicants requesting temporary electrical service shall pay, prior to the temporary Meter set, for each
installation and will be charged on a work order basis for the cost of labor, equipment, and materials
incurred by the Utility in making such installation.
F. STREET LIGHTS
I. Chapter 18.04.060.040 of the Municipal Code requires the installation of street lighting facilities
or payment of street lighting per front foot charge. The aforementioned Chapter requires all new
developments to install the street lighting facilities required in accordance with the official street
lighting standards on file in the Public Utilities Department.
2. A performance bond shall be required, in an amount established by the Utility and in a form
approved by the City Attorney, to cover the installed cost of the facilities required. In lieu of the
installation of street lighting facilities, the Utility may require street lighting fees on a front foot
charge basis for any abutting street or highway in an amount to recover the estimated cost for the
street lighting facilities required in accordance with the official street lighting plan approved by
the Utility. Developers/builders/contractors are required to post a performance bond with the City
to assure installation of public improvements. The bond required for the street lighting facilities is
a part of the Public Improvements Bond deposited with the Real Property Section of the
Engineering division, Public Works Department.
3. Private Streets - Street lighting on private streets shall be in accordance with the Utility's
standards and specifications, which have been developed based on Illuminating Engineering
Society (IES) street lighting recommendations. The luminaire and pole shall be furnished and
installed by the developer. Street lighting on private streets shall be metered in accordance with
the Electric Rates, Rules and Regulations and service requirements. If a private street is approved
for dedication to the City as a public street, the street lights shall be installed per the Utility's
standards and specifications by the owner and the circuit re -wired for Utility service prior to
acceptance of dedication by the City.
(Continued)
ISSUED BY: Effective: by Resolution No.: Dated:
Dukku Lee Superseding Resolution No.: 2013-148 Dated: 09-24-13
General Manager
CITY OF ANAHEIM ELECTRIC RATES, RULES
Utilities Financial Services AND REGULATIONS
201 S. Anaheim Blvd. Page No. 3.24.3
Anaheim, CA 92805
RULE NO. 24
ELECTRIC DIVISION CHARGES
G. COSTS FOR SUPPLEMENTAL DESIGN, ENGINEERING, TESTING, OR MATERIALS
The Electric Utility shall charge for costs incurred to provide design, engineering, testing, or materials at
the request of the Customer. Reimbursement shall include, but is not limited to Utility labor, contracted
labor, materials, and equipment rental and usage established by the Electrical Engineering Division on a
work order basis for the cost of labor, equipment, and materials incurred by the Utility and shall be payable
prior to rendering the requested services. At its option, the Utility may consider the supplemental service
as a request for Added Facilities by the Customer.
H. PLAN CHECK CHARGES
The Electrical Engineering Division provides plan checking as required to evaluate the Electrical System
for conflicts with any proposed new construction or modification of any existing structure or facility. The
Electrical Engineering Division shall charge for plan checks that require staff time or labor in excess of
four (4) hours to complete.
EASEMENT PROCESSING CHARGES
In the event that rights to any privately constructed facility are to be assigned to the City, the assignment of
rights under written agreement shall require prior City Council approval and shall be subject to the cost of
processing the assignment. The cost and preparation of easement drawings and deeds are the responsibility
of the Customer and shall follow all applicable state, county, and local requirements.
STREET LIGHT POLE BANNER INSTALLATION AND REMOVAL CHARGES
Chapter 4.04.405 of the Municipal Code allows for the installation and removal of temporary banners on
street light poles owned, controlled, and maintained by the Electric Utility in the public right of way for
permitted events. In addition to any permit fee administered by the Planning Department, the Person
requesting the banner installation shall pay the costs of labor, equipment, and materials incurred by the
Electric Utility for the installation and removal of each banner, the costs of which are established by the
Electric Utility on a cost -recovery basis.
The Electric Utility will establish technical requirements for the banners, and will review each request to
determine the acceptable number, size, and location to ensure the installations minimize visual clutter and
potential traffic hazards in order to protect public health, safety, and welfare and street views.
K. MISSED APPOINTMENTS
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 are
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.
ISSUED BY: Effective: by Resolution No.: Dated:
Dukku Lee Superseding Resolution No.: 2013-148 Dated: 09-24-13
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. 2018-036 adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 27thday of March. 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 28th day of March. 2018.
ACTING CITY LERK OF THE CITY OF ANAHEIM
(SEAL)