RES-2012-045 RESOLUTION NO. 2012- 045
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM MODIFYING THE WATER RATES, RULES AND
REGULATIONS BY ADOPTING RULE NO. 26 REGARDING
SMART METEROPT OUT PROCEDURES FOR RESIDENTIAL
CUSTOMERS AS ADOPTED BY RESOLUTION NO. 72R -600
AND MOST RECENTLY AMENDED BY RESOLUTION NO.
2010 -200.
WHEREAS, the City of Anaheim ( "Anaheim ") maintains a water transmission
and distribution system for the distribution of water to residents and businesses of Anaheim and
has adopted Water Rates, Rules and Regulations for the sale and distribution of water; and
WHEREAS, the Anaheim Municipal Code authorizes the City Council to approve
reasonable Rates, Rules and Regulations governing water services and fees for providing water
services; and
WHEREAS, Anaheim established various rules of the Rates, Rules and
Regulations for these purposes; and -
WHEREAS, Anaheim deployed its first advanced meters ( "Smart Meters ") in
2001 for large commercial and industrial customers, and, in 2008, it began its deployment to
residential customers; and
WHEREAS, Smart Meters collect and wirelessly transmit electric and water
consumption information to Anaheim's billing systems, which reduces costs and increases
system flexibility by, among other things, (i) enabling Anaheim to remote meter read, and (ii)
enabling customers to privately review their own detailed consumption information on their
electric and water usage; and
WHEREAS, in spite of the widespread acceptance of Smart Meters, some
customers have expressed an interest in not participating in Anaheim's Smart Meter Program;
and
WHEREAS, revisions to the Water Rates, Rules and Regulations are required in
order to further articulate Smart Meter opt out procedures for residential customers who do not
wish to participate in Anaheim's Smart Meter Program; and
WHEREAS, Rule No. 26 of the Water Rates, Rules and Regulations (Rule 26) is
intended to accomplish the foregoing; and
WHEREAS, the Public Utilities Board of the City of Anaheim ( "Public Utilities
Board ") considered the proposal of the Anaheim's Public Utilities 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 adopt Rule 26 as set forth in
Attachment A in order to further Anaheim's Smart Meter Program; and
WHEREAS, the Public Utilities Board considered the requirements of the
California Environmental Quality Act (CEQA) and found that matters covered above come
within Section 15061(b)(3) of Title 14 of the California Administrative Code. Thus, the
proposed adoption of Rule No. 26 is exempt from the CEQA; and
WHEREAS, based on the findings hereinabove made, the Public Utilities Board
recommended to the City Council that the City Council adopt the findings of the Public Utilities
Board with respect to the matters contained herein and adopt Rule No. 26 as shown in
Attachment A; and
WHEREAS, based on the findings hereinabove made, the Public Utilities Board
recommended to the City Council that the City Council certify that the adoption of Rule No. 26
is exempt under the CEQA, in accordance with Title 14 of the California Administrative Code,
Section 15061(b)(3), because it can be seen with certainty that there is no possibility that Rule 26
will have a significant effect on the environment; and
WHEREAS, the 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:
1. The findings set forth herein are hereby adopted by the City Council of the
City of Anaheim.
2. Rule No. 26 as set forth in Attachment A shall be, and is hereby adopted
by the City Council of the City of Anaheim.
3. The City Council of the City of Anaheim hereby determines and finds
that, in accordance with the CEQA and the State CEQA Guidelines, the adoption of Rule No. 26
by the City Council is exempt from CEQA pursuant to Title 14 of the California Administrative
Code, Section 15061(b)(3), because it can be seen with certainty that there is no possibility that
Rule 26 will have a significant effect on the environment.
4. The Anaheim Public Utilities General Manager is authorized and directed
to prepare, promulgate, publish, and take any and all actions necessary to implement the changes
to the Water Rates, Rules and Regulations as set forth herein.
5. Rule 26 shall be effective on June 1, 2012.
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THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 29th day of May , 2012, by the
following roll call vote:
AYES: Mayor Tait, Council Members Sidhu, Galloway, Eastman and Murray
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
MAYOR OF THE CI OF ANAHEIM
ATTEST
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CITY CLERK OF THE CITY OF NAHEIM
89353
Attachment A
Rule No. 26 of the
Water Rates, Rules and Regulations
CITY OF ANAHEIM WATER RATES, RULES
Utilities Financial Services AND REGULATIONS
201 S. Anaheim Blvd. Page No. 3.26.1
Anaheim, CA 92805
RULE NO. 26
SMART METER PROGRAM RESIDENTIAL CUSTOMER OPT OUT OPTION
A. GENERAL
The Utility is deploying smart water meters (Smart Water Meters) within its Service Area in furtherance of
its Smart Meter Program. This Rule sets forth the terms and conditions for residential Customer Smart
Water Meter opt out procedures.
B. TERMS OF SMART METER PROGRAM
1. Definition. Smart Water Meters are Meters that transmit Customer water consumption data to the
Utility at various time intervals through radio frequency transmission, and these Meters also allow
the Utility to detect leaks. A Meter is not a Smart Water Meter if the Meter cannot electronically
transmit data to the Utility because either (i) the Meter does not have that capability, or (ii) the
Utility has disabled or turned off the radio frequency transmission of the Meter.
2. Opt Out Procedures. In addition to this Rule No. 26, Smart Water Meters shall be governed by the
Meter provisions within these Water Rates, Rules and Regulations, including, but not limited to,
Rule No. 16 and Rule No. 17. Consistent with Rule No. 16, Customers are required to install a
Smart Water Meter when the Utility requires such installation. Notwithstanding the foregoing, a
Customer may refuse the installation of a Smart Water Meter if the Customer (i) is a residential
Customer and (ii) has refused such installation in accordance with the procedures set forth in
Section B.2.a. below. A residential Customer may not refuse Smart Water Meter installation if (i)
the Meter of that residential Customer has experienced tampering or manipulation; or (ii) the
Utility has experienced difficulty in disconnecting Service or reading the Meter due to any cause
or reason of inaccessibility of the Meter of that residential Customer.
a. Prior to the installation of a Smart Water Meter for any account of a residential Customer,
the Utility shall provide the residential Customer with written notice (Utility Notice) of
(i) the Utility's intent to install a Smart Water Meter and the approximate date of
installation; (ii) the location of the installation; and (iii) the residential Customer's option
to refuse the installation of a Smart Water Meter. If a residential Customer desires to
exercise his/her option to refuse the installation of a Smart Water Meter, he /she shall
notify the Utility and, upon receipt of that notification, the Utility will not install a Smart
Water Meter at the location described in the applicable Utility Notice. A residential
Customer who refuses the installation of a Smart Water Meter in compliance with this
Section B.2.a. shall be referred to hereinafter as a Non - Participating Customer.
Notwithstanding the foregoing, a Non - Participating Customer may lose this Customer's
status as a Non - Participating Customer and the Utility may require this Customer to
install a Smart Water Meter upon the occurrence of any of the following: (i) the Meter of
that Non - Participating Customer has experienced tampering or manipulation; (ii) the
Utility has experienced difficulty in disconnecting Service or reading the Meter due to
any cause or reason of inaccessibility of the Meter of that Non - Participating Customer; or
(iii) the previously installed Meter technology is no longer adequately supportable in the
Utility's sole discretion.
(Continued)
ISSUED BY: Effective: by Resolution No.: Dated:
Marcie L. Edwards Superseding Resolution No.: N/A Dated: N/A
General Manager
CITY OF ANAHEIM WATER RATES, RULES
Utilities Financial Services AND REGULATIONS
201 S. Anaheim Blvd. Page No. 3.26.2
Anaheim, CA 92805
RULE NO. 26
SMART METER PROGRAM INSTALLATION AND OPT OUT OPTION
b. Notwithstanding anything to the contrary within this Rule No. 26, the Utility reserves the
right to require every residential Customer, including Non - Participating Customers, to
install Smart Water Meters when the Utility determines that the number of Non -
Participating Customers has reached a point where their non - participation is no longer
cost neutral to the Utility. The Utility may require the foregoing in lieu of proposing the
fee set forth in Section C of this Rule.
C. FEES
Except for those fees and charges for Meters set forth elsewhere within these Water Rates, Rules and
Regulations, the Utility will not assess an opt out fee or charge on Non - Participating Customers until the
Utility determines that the number of Non - Participating Customers has reached a point where their non -
participation is no longer cost neutral to the Utility. At such time when the Utility determines participation
levels are no longer cost neutral, the Utility will propose to the City Council such fees to recover the
Utility's costs of service.
ISSUED BY: Effective: by Resolution No.: Dated: -
Marcie L. Edwards Superseding Resolution No.: N/A Dated: N/A
General Manager