Loading...
RES-2013-003 RESOLUTION NO. 2013- 003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MODIFYING THE WATER RATES, RULES AND REGULATIONS BY MODIFYING RULE NO. 3 FOR THE SALE AND DISTRIBUTION OF WATER AS ADOPTED BY RESOLUTION NO. 72R -600 AND MOST RECENTLY AMENDED BY RESOLUTION NO. 2012 -045. 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, the Anaheim Public Utilities Department (Department) is a publically 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 (Task Force) was charged with reviewing the regulatory burden on existing and prospective business in Anaheim and making recommendations that help foster more freedom for Anaheim's business community (Anaheim's Regulatory Relief initiative); and WHEREAS, in support of the Anaheim Regulatory Relief initiative, to provide regulatory relief to utility customers under certain specific circumstances, and to clarify and update language, Department staff reviewed and recommends modifications to Rule No. 3 of the Water Rates, Rules and Regulations to allow Department staff more discretion to apply Rule No. 3 in a manner that fairly balances customer and Anaheim interests and to update Rule No. 3 to add clarifying language or delete obsolete language; and WHEREAS, the Public Utilities Board of the City of Anaheim ( "Public Utilities Board ") considered the proposal of Anaheim's Public Utilities Department and made the following findings with respect to the need for the proposed modification 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 further Anaheim's Regulatory Relief initiative and clarify and update Rule No. 3; and 1 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 modification of the Water Rates, Rules and Regulations Rule No. 3 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 modify Rule No. 3 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 modification of Rule No. 3 of the Water Rates, Rules and Regulations 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 No. 3 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. The City Council of the City of Anaheim hereby determines and finds that, in accordance with CEQA and the State CEQA Guidelines, the modification of Rule No. 3 of the Water Rates, Rules and Regulations 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 No. 3 will have a significant effect on the environment. 3. The modifications to Rule No. 3 of the Water Rates, Rules and Regulations as set forth in Attachment A shall be, and are hereby adopted by the City Council of the City of Anaheim effective February 1, 2013. 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. 2 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 15th day of January , 2013, by the following roll call vote: AYES: Mayor Tait, Council Members Eastman, Brandman, Kring and Murray NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM MAY R OF THE CITY OF ANAHEIM ATTEST: IA O 4 10 CITY CLERK OF THE CITY OF A AHEIM • 93013 3 Attachment A Rule No. 3 of the Water Rates, Rules and Regulations 4 CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.3.1 Anaheim, CA 92805 RULE NO. 3 APPLICATION FOR SERVICE A. APPLICATION FOR SERVICE 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: by Resolution No.: Dated: 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. 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. 21. 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 desires to have his or her request scheduled earlier, or ahead of other Service requests, an additional charge will be assessed. These charges are contained in Rule No. 21. 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; (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 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. ISSUED BY: Effective: by Resolution No.: Dated: Marcie L. Edwards Superseding Resolution No.: 2010 -200 Dated: 11 -16 -10 General Manager