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RES-2016-198RESOLUTION NO. 2016- 19 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MODIFYING THE WATER RATES, RULES AND REGULATIONS BY MODIFYING RULE NOS. 1, 2, 15, 19, 20, AND 23, 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. 2016-028 AND DETERMINING THAT THIS RESOLUTION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTIONS 15060(c)(3), 15061(b)(3), 15378(b)(2), 15378(b)(4), AND 15378(b)(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 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 and fees 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'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 Nos. 1, 2, 15, 19, 20, and 23 of the Water Rates, Rules and Regulations to, among other things, provide payment and construction flexibility for development projects; provide new options for verifying fire protection requirements; and eliminate two rules that are no longer necessary; and WHEREAS, Anaheim's Public Utilities Board ("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 3. The Anaheim City Council hereby adopts the following modifications to the Water Rates, Rules and Regulations: (a) modifications to Rule Nos. 1, 2, 15, and 20 of the Water Rates, Rules and Regulations as set forth in Attachment A; and (b) deletion in their entirety of Rule Nos. 19 and 23 of the Water Rates Rules and Regulations. These modifications shall be effective January 1, 2017. 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. The Anaheim City Council hereby determines that any unexpended Rule No. 15.E revenues shall be directly refunded in accordance with Government Code section 66001(e). THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 18th day of October , 2016, by the following roll call vote: AYES: Mayor Tait and Council Members Kring, Murray, Brandman, and Vanderbilt NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY 01 ANAHEIM CAO# 119380 3 Attachment A Rule Nos. 1, 2, 15 and 20 of the Water Rates, Rules and Regulations CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 WATER RATES, RULES AND REGULATIONS RULE NO. I Page No. 3. 1.1 Unless specifically defined below, words or phrases used in the Rates, Rules and Regulations shall be interpreted so as to give them the meaning they have in common usage and to give these Rates, Rules and Regulations their most reasonable application. Added Facilities: The facilities provided by the Utility at the request of an Applicant, which are over and above the Utility's standard facilities as finther set forth in Rule No. 2 of these Rates, Rules and Regulations. APU: Anaheim Public Utilities. Applicant: The Person, association, corporation or governmental agency applying for Service. Application: A request to the Utility for Service as distinguished from an inquiry as to the availability of or charges for such Service. Balancing Account: An account designated to account for the Water System Reliability Adjustment rate collections and payment of Water System Capital Expenditures and capital -related Debt Service. Billing Period: The time interval between gathering the data used for billing purposes. Capital Expenditures: Funds used to acquire or upgrade physical assets such as Water System property or equipment. This type of outlay is made to maintain or increase the scope of Water System operations. CDPH: California Department of Public Health. City: The City of Anaheim, a municipal corporation. City Clerk: The City Clerk of the City of Anaheim, California City Council: The City Council of the City of Anaheim, California Class of Service: The categories of Service established by the various water Rate Schedules. County: The County of Orange, California. Customer: The Person in whose name Service is rendered as evidenced by the signature on the Application, contract or agreement for that Service or, in the absence of a signed instrument, by the receipt of bills or Summary Bills regularly issued in his name regardless of the identity of the actual Person using the Service. A Customer may also be a party with whom the City of Anaheim is doing business, with or without a billing relationship, or who is receiving benefit of Service under another party's name. Date of Presentation: The date upon which a bill or notice is Mailed or delivered by the Utility to the Customer. Debt Service: Cash required over a given period of time for the repayment of interest and principal on borrowed funds. Distribution Mains: Pipelines located in streets, highways, public rights-of-way, easements or private rights-of-way, exclusive of Service Connections, which are owned and operated by the Utility and are used to serve the general public. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2014-002 Dated: 01-07-14 General Manager and appropriate to modify Rule Nos. 1, 2, 15, and 20 as set forth in Attachment A and eliminate Rule Nos. 19 and 23 in order to further Anaheim's Regulatory Relief Initiative and clarify and update the Water Rates, Rules and Regulations; 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 Nos. 1, 2, 15, and 20, as shown in Attachment A, including the elimination of Rule Nos. 19 and 23; and WHEREAS, at a public hearing noticed in accordance with Government Code sections 66016 and 66018, the Public Utilities Board was presented with Rule No. 15.A, which requires applicants to be responsible for labor, equipment and material costs of a main extension or main enlargement that are necessary and reasonably related to furnishing water service solely to an applicant's project; and WHEREAS; the purpose of this Rule No. 15.A obligation is solely to have the applicant cover their main extension or main enlargement costs and any amounts collected under this Rule shall be strictly used for these facilities; and WHEREAS, at the public hearing, the Public Utilities Board determined there was a reasonable relationship between (a) the Rule No. 15.A obligation and the project type in that only those projects requiring a main extension or main enlargement will have a Rule No. 15 obligation though the extent of the obligation shall be no more than is necessary and reasonably related to furnishing water service solely to an applicant's project; (b) the need for a main extension or main enlargement and project type in that only projects requiring extensions or enlargements will be subject to the rule; and (c) the Rule No. 15.A obligation and main extension or main enlargement facility costs in that the obligation and facility costs will be identical; 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 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 Nos. 1, 2, 15, 19, 20, and 23 of the Water Rates, Rules and Regulations are exempt from CEQA pursuant to Sections 15060(c)(3), 15061(b)(3), 15378(b)(2), 15378(b)(4), and 15378(b)(5) 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 rules primarily recover costs; involve language clarification and rule consolidation and streamlining; and are administrative in nature. 0 CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 WATER RATES, RULES AND REGULATIONS RULE NO. 1 Page No. 3.1.2 East Santa Ana Canyon Area: That portion of land which is subject to terminal reservoir storage fees and transmission main fees as provided for in Rule No. 15-C of the Rates, Rules and Regulations. General Manager: General Manager of the City of Anaheim, Public Utilities Department or a designee. General Water Service: The Class of Service of all Customers, with the exception of Private Fireline Service Customers. Gross Area of Applicant's Property: The contiguous land area owned or controlled by an Applicant, including streets, but excluding open areas for which Service will not be required within a Special Facilities District, plus one-half of the land area of the abutting streets to which legal, recorded access exists at the time of application for Service. HCF: The unit of quantity measurement, which the Department uses to measure the amount of Potable Water or Recycled Water delivered to a Customer in hundreds of cubic feet. One HCF is 748 gallons. Jurisdiction: A specified area within which a Rate Schedule or schedules apply. Mailed: Any notice or other communication will be considered "mailed" when it is enclosed in a sealed envelope, properly addressed, and deposited in any United States Post Office Box, postage prepaid. Main Enlargement: The enlargement of Distribution Mains beyond existing facilities in accordance with the applicable provisions of the Rates, Rules and Regulations. Main Extension: The extension of Distribution Mains beyond existing facilities in accordance with the applicable provisions of the Rates, Rules and Regulations. Meter: The instrument used for measuring the amount of Potable Water or Recycled Water delivered to a Customer. Month: A thirty -day period. (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. 1 Page No. 3.1.3 Multi -family Accommodation: An apartment building, duplex, mobilehome park, court group, or any other group of residential units located upon a single Premises, providing the residential units therein meet the requirements for a Single -Family Accommodation. Hotels, guest or resort ranches, tourist camps, motels, auto courts, and trailer courts, consisting primarily of guest rooms and/or transient accommodations, are not classed as Multi -family Accommodations. Municipal Code: The Municipal Code of the City of Anaheim. Municipal Service: Utility Services supplied to City of Anaheim departments. On -Site Recycled Water System: That portion of the On -Site System composed of Recycled Water facilities. On -Site System: The Potable and/or Recycled Water facilities under the control of the Applicant, owner or Customer. The On -Site System is located downstream of the POD, which is normally downstream of the Utility's Meter tailpiece. Permanent Service: Service which, in the opinion of the Utility, is of a permanent and established character. This Service may be continuous, intermittent, or seasonal in nature. Person: Any individual, partnership, corporation, public agency, or other organization operating as a single entity. Planning Department: The Planning Department, and/or its Building Division, of the City of Anaheim, California. Point of Delivery (POD): The point where the piping of the Utility is connected to the piping of the Customer, which is normally downstream of the Utility's Meter tailpiece, regardless of the location of the Meter. Potable Water: Water that meets the standards for human consumption set by the applicable federal, state and local authorities. Premises: All of the real property and apparatus employed in a single enterprise on an integral parcel of land undivided, excepting in the case of industrial, agricultural, oil field, resort enterprises, and public or quasi -public institutions, by a dedicated street, highway, or other public thoroughfare, or a railway. Automobile parking lots constituting a part of and adjacent to a single enterprise may be separated by an alley from the remainder of the Premises served. Private Fireline Service: The piping, fittings, and valving necessary to conduct Potable Water for fire protection purposes from the Distribution Main to the Private Fireline Service assembly backflow prevention device. Public Utilities Board: The Public Utilities Board as appointed by the City Council. Public System: The system of facilities under the control of the Utility. The Public System facilities shall be those upstream of the POD to the Customer. Rate Charges: Charges in the Rates, Rules and Regulations may include the following: Commodity Charge: That portion of the charge for Service which varies with the amount of Potable Water or Recycled Water consumed in accordance with the Rate Schedule. Customer Charge: That portion of the charge for Service which is a fixed amount without regard to Potable Water or Recycled Water consumption in accordance with the Rate Schedule. Minimum Charge: The least amount for which Service will be rendered in accordance with the Rate Schedule. (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. Page No. 3.1.4 Anaheim, CA 92805 RULE NO. 1 DEFINITIONS Rates, Rules and Regulations: The rate structure, the Rules, and any regulations as approved by the City Council, governing the use and delivery of Potable and Recycled Water. Rate Schedule: May be one or more Tariff Pages setting forth the charges and conditions for a particular class or type of Service at a given location. A Rate Schedule, as referred to herein, shall include all the wording on the applicable Tariff Page or pages, including but not limited to, the following: Class of Service, Applicability, Rates, Special Conditions, and reference to a Rule or Rules. Recycled Water: Water that is approved for purposes other than human consumption and meets the criteria set forth in Division 4 of Title 22 of the California Code of Regulations, as may be amended from time to time. Recycled Water does not include gray water. Recycled Water Service: The Class of Service supplying Recycled Water to Customers for landscape irrigation; agricultural irrigation; toilet and urinal flushing; cooling towers; construction water; industrial process water; commercial use; groundwater recharge; and enhancement of wildlife habitats. Recycled Water Site Supervisor: The individual designated by the User and approved by the Utility who provides a liaison to the City; oversees the use of Recycled Water on the User's Premises; has the authority to carry out any requirements of the City; is responsible for the operation and maintenance of an On-site Recycled Water System; and prevents potential violations. The individual must have completed a Utility -approved Recycled Water Site Supervisor training program. Recycled Water System: The infrastructure needed to provide and deliver Recycled Water to Customers within the Utility's Service Area, including, but not limited to, all pipelines, Service Connections, Meters, pumping stations, reservoirs, and other related facilities. Recycled Water Users' Guide: The Utility's guidelines to be used by an Applicant, Customer, Person, Recycled Water Site Supervisor, User, owner, tenant, property manager, engineer, or contractor in the design, installation, operation and maintenance of On -Site Recycled Water Systems within the Service Area. Regulatory Agency: A public entity legally constituted by federal, state, and local statutes that is authorized to protect public health and water quality within the Service Area. Revenue: Amount realized from the selling of goods or services before customer discounts or uncollectible write-offs are applied. This does not include amounts collected from sources that are to be deferred in accordance with Governmental Accounting Standards Board (GASB) Statement No. 62. (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. 1 Page No. 3.1.5 Rule(s): Tariff Pages which set forth the application of all rates, charges and Services when such applicability is not set forth in and as a part of the Rate Schedules. RWQCB: The Regional Water Quality Control Board of the State of California, Santa Ana Region. Service: The furnishing of Potable or Recycled Water to a Customer from and out of the Water System or Recycled Water System owned and operated by the Utility through a Meter to the Customer's piping. Service shall only refer to the furnishing of Potable Water where used in Rule No. 15. Service Area: The geographic area wherein the City of Anaheim is the designated public Potable Water or Recycled Water Service provider. Service Connection: The pipe or tubing, fittings, and valves necessary to conduct Potable Water or Recycled Water from the Distribution Main to and through the Meter. Single -Family Dwelling or Accommodation: A house, apartment, or other dwelling unit which is used as a residence by a single family. Special Facilities Charge: The charge made to cover the cost of the special facilities in the high elevation system. This charge shall be computed by multiplying the Gross Area of Applicant's Property times the special facilities charge rate. Special Facilities District: An area within the high elevation system where a Special Facilities Charge is calculated by the Utility to pay for the special facilities within that area. Summary Bill: A Customer account billing statement that includes charges for multiple Service locations. Tariff Page: An individual page of the Tariff Schedules. Tariff Schedules: The entire body of effective rates, rentals, charges, and Rules collectively of the Utility, as set forth herein., and including title page, preliminary statement, Rate Schedules, and Rules. Temporary Service: Service for enterprises or activities which are temporary in character or where it is known in advance that Service will be of limited duration. Service, which in the opinion of the Utility, is for operations of a speculative character or the permanency of which has not been established, also is considered Temporary Service. Tract or Subdivision: An area which may be identified by filed subdivision plans or an area in which a group of dwellings may be constructed about the same time, either by a large scale builder or by several builders working on a coordinated basis. User: Any Person, Persons or firm issued an approved User Permit by the Utility. They may be the owner, Customer, tenant or property manager, as appropriate. User Permit: A permit issued by the Utility to a Recycled Water Service Applicant after the satisfactory completion of the Service application procedures set forth in the Rates, Rules and Regulations and the Recycled Water Users' Guide. This permit constitutes a contract that legally binds the User to all conditions in the Rates, Rules and Regulations, the Recycled Water Users' Guide, and any and all applicable Regulatory Agency requirements. Utility: The City of Anaheim - Public Utilities Department. Water Utility: The water division of the Utility. Water System: The infrastructure needed to provide and deliver Potable Water to Customers within the Utility's Service Area including, but not limited to, all Distribution Mains, Service Connections, Meters, fire hydrants, pressure reducing stations, groundwater wells, pumping stations, reservoirs, and other related facilities. 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 A. QUANTITIES WATER RATES, RULES AND REGULATIONS RULE NO. 2 DESCRIPTION OF SERVICE Page No. 3.2.1 I The Utility will endeavor to supply Potable Water dependably and safely in adequate quantities to meet the reasonable needs and requirements of Customers. 2. The Utility will endeavor to supply Recycled Water when such Recycled Water becomes available and is feasible at the Utility's determination. B. PRESSURES I The Utility will generally maintain minimum operating pressures at the Service Connection of not less than twenty-five pounds per square inch (25 psi). Pressures may be lower at times of maximum demands, or because of unusual topography or other special conditions. 2. The Utility will generally maintain maximum operating pressures at the Service Connection of not more than one hundred seventy-five pounds per square inch (175 psi). Pressures may be higher at times of minimum demands, or because of unusual topography or other special conditions. 3. If it is deemed appropriate to either increase or decrease a Customer's on-site pressure, it shall be the responsibility of the developer or Customer to install and maintain any booster pumps, pressure regulators, relief valves, and such other equipment or facilities required by the Utility. The Utility will provide a recommendation as to such requirements to the Planning Department who has full authority to require such installations. C. METHOD OF MEASURING SERVICE All Customer water use will be based on metered volume usage except as provided in these Rates, Rules and Regulations. D. ADDED FACILITIES Added Facilities are considered to be existing, upgraded, or new facilities installed and/or used by the Utility at an Applicant's request in addition to the standard facilities which the Utility would normally install or use, and which represent additional costs to the Utility over normally installed facilities. Added Facilities may include, but are not limited to, those facilities necessary to supply quality, pressure, data monitoring services, or other non-standard facilities. Except where provided by Rate Schedule, installation of Added Facilities will be made, provided the type of Added Facilities requested is acceptable to the Utility and the Utility agrees to the installation of the Added Facilities, under the following conditions: The Applicant for Added Facilities is also an Applicant for Permanent Service or is a Customer for Permanent Service at the same location. Prior to the Utility installing Added Facilities, the Applicant shall agree to pay for the Added Facilities in the amount determined by the Utility based upon the applicable costs of the facilities and ongoing maintenance. At its option, the Utility may finance the Added Facilities, subject to a creditworthiness evaluation. The amount financed by the Utility shall not exceed, on a per project basis, the Applicant's cumulative annual water bill for all accounts, and the Applicant shall be responsible for the associated financing costs as set forth in a letter agreement executed by the Applicant and the General Manager. The Utility may include the Added Facilities charges on the Applicant's Customer bill. The Utility may charge the Applicant the balance owed on the cost of installed Added Facilities, less the estimated salvage value of equipment removed, in the event the Applicant breaches the terms of the applicable letter agreement. ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2010-200 Dated: 11-16-10 General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 WATER RATES, RULES AND REGULATIONS RULE NO. 15 MAIN EXTENSIONS AND ENLARGEMENTS A. DISTRIBUTION SYSTEM Page No. 3.15.1 The cost of all Main Extensions and Main Enlargements shall be paid for by the owner or developer of the properties served by these mains in accordance with this Rule. Main Extensions or Main Enlargements may also be required or requested for Recycled Water Service. Main Extensions and Main Enlargements a. Applicant shall be responsible for the labor, equipment, and material costs of a Main Extension or Main Enlargement on a work order basis and related rights-of-way dedications that are necessary and reasonably related to furnishing Service (or, if applicable, Recycled Water Service) solely to their project ("Project"). These costs include, but are not limited to, those related to the preparation of designs and plans, inspection, document. review and plan check, right-of-way dedication, materials, installation, and construction. b. Applicant shall design and construct the Main Extension or Main Enlargement, except as determined otherwise by the General Manager. A preliminary cost estimate for the Utility's applicable scope of work shall be provided to the applicant based on their preliminary design submittal. The applicant shall: i. Design and construct the Main Extension or Main Enlargement in accordance with all applicable standards, specifications, and federal, state, or local codes including, but not limited to, the Anaheim Municipal Code, Rates, Rules and Regulations, and the Water Services Standard Specifications, and Water Administrative Procedures and Design Guidelines. ii. Utilize contractors with experience in constructing Main Extensions or Main Enlargements in the public right-of-way and maintain a current license that meets all applicable laws, codes, and requirements. iii. After construction of the Main Extension or Main Enlargement is complete and the Utility has inspected and approved the work, the applicant shall convey the facilities to the City, provided liens, encumbrances, and other attachments have been removed, and that associated easements, access permits, crossing agreements, or other rights-of-way have been provided. C. In the event applicants costs for the Main Extension or Main Enlargement exceed their share under Section A.1, the Utility and applicant may enter into a reimbursement letter agreement or other mutually agreeable reimbursement arrangement, which the General Manager is authorized to execute. 2. Timing Applicant shall dedicate rights-of-way at such time as mutually agreed., except as required by law or this Rule. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 73R-255 Dated: 06-26-73 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Anaheim, CA 92805 RULE NO. 15 MAIN EXTENSIONS AND ENLARGEMENTS A. DISTRIBUTION SYSTEM (Continued) Payment Options Page No. 3.15.2 a. Applicant shall pay to the Utility those costs authorized by Section A.l.a above prior to construction of the Main Extension or Main Enlargement or as required by applicable law. b. The Utility may allow an applicant to pay for their Main Extension or Main Enlargement costs in accordance with applicable Added Facilities provisions of Rule No. 2. c. A deposit for Utility design and plan review activities for a Main Extension or Main Enlargement of a Project may be due prior to commencing the preparation of designs and plans, except as required by applicable law. The Utility will determine the amount of the deposit based on the estimated time required to complete the design and plan review for the Project. The Utility shall credit any unused portion of the deposit towards other Project costs incurred by the Utility, or refund any unused portion of the deposit to the applicant. B. [INTENTIONALLY OMITTED] (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 73R-255 Dated: 06-26-73 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.15.3 Anaheim, CA 92805 RULE NO. 15 MAIN EXTENSIONS AND ENLARGEMENTS C. EAST SANTA ANA CANYON AREA TRANSMISSION AND TERMINAL STORAGE FACILITIES The costs of all transmission and terminal storage facilities serving the East Santa Ana Canyon Area as defined herein shall be paid for by the owners or developers benefiting from such facilities. All Developers/Applicants of properties in the East Santa Ana Canyon Area will pay, in the form of Transmission and Terminal Storage Acreage Fees, their proportionate share of costs incurred by previous owners or developers who paid for the installation of transmission and terminal storage facilities. In addition, owners or developers will be obligated to pay for new facilities and/or rehabilitation of existing facilities needed to serve their properties. Defmition of Terms a. "East Santa Ana Canyon Area" - That portion of the Water Utility's service area located generally south of the Santa Ana River and extending to the Orange -Riverside County line, as shown on the latest revision on Drawing W-2389 on file at the City of Anaheim (City), Public Utilities Department, Water Engineering Division. b. "Transmission Facilities and Terminal Storage Facilities" - Those facilities that are eligible for reimbursement and associated with those certain pipelines and reservoirs deemed necessary by the Water Utility to provide water in an efficient and reliable manner, and which have been determined by the Water Utility to be of direct benefit to the East Santa Ana Canyon Area. C. Developer/Applicant - The person, association, corporation or governmental agency applying for water service. d. "Transmission Facility" - Transmission facilities are hereby defined as the Developer/Applicant's Rule 15-C portion of the capacity and cost of a 36 inch water main constructed from the existing City system in the vicinity of Mohler Drive and Santa Ana Canyon Road to the most southerly boundary of the Bauer Ranch Development as shown as Phase 1 and Phase 1 a, on the latest revision of Drawing W2389. The transmission portion of the water main continuing south in Weir Canyon Road to the Terminal Storage Reservoirs, shown as Phase 11 on the latest revision of Drawing W2389, shall be as designated by the Public Utilities General Manager based on hydraulic studies. e. "Terminal Storage Facilities" - Terminal storage facilities are defined as Weir Canyon and Oak Hills Reservoirs, consisting of eight million gallons of Terminal Reservoir Storage which is located within the East Santa Ana Canyon Area. "Transmission and Terminal Storage Acreage Fees" - Transmission and Terminal Storage Acreage Fees shall be the rate to be charged per acre of gross area of Developer/Applicant's property. The rate will be determined and, as a condition precedent, is payable at the time that the developer connects to the City's water system. This rate is to be computed by dividing the gross area of undeveloped properties within the East Santa Ana Canyon Area into the current amount of prior costs eligible for reimbursement for Transmission and Terminal Storage Facilities determined to be of direct benefit to the East Santa Ana Canyon Area and as quantified on the latest revision of Drawing W2393. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2006-070 Dated: 04-25-06 General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 WATER RATES, RULES AND REGULATIONS RULE NO. 15 MAIN EXTENSIONS AND ENLARGEMENTS Page No. 3.15.4 C. EAST SANTA ANA CANYON AREA TRANSMISSION AND TERMINAL STORAGE FACILITIES (Continued) 9. "East Santa Ana Canyon Area Documents" - Shall consist of the latest revision of Drawing Nos. W-2389, and W-2393 delineating the boundary of the East Santa Ana Canyon Area, location and actual cost of transmission and terminal storage facilities and gross area in acres of undeveloped properties, actual cost of facilities in place, current amount of prior costs eligible for reimbursement, and such other costs which may be incurred annually in direct benefit of the area described in Rule 15-C. h. Proportionate Share of Costs - Shall consist of the proportion of Transmission and Terminal Storage facility costs deemed appropriate by the Utility in our sole and exclusive determination for properties in the East Santa Ana Canyon Area based on gross area of the Developer/Applicant's property. If the Transmission and/or Terminal Storage Acreage Fees were not properly adjusted in the past to reflect an Developer/Applicant's proportionate share, the Developer/Applicant's reimbursable costs may be adjusted by the Utility to reflect as such. i. Gross Area of Developer/Applicant's Property: The contiguous land area owned or controlled by an Developer/Applicant, including streets, but excluding land areas excluded in the East Santa Ana Canyon Area's Gross Area as determined by the Utility, plus one-half the land area of the abutting streets to which legal, recorded access exists at the time of application for water service. j. Utility: The City of Anaheim's Public Utilities Department, Water Services Division. k. Pay, Paid, Payment - "Make satisfactory financial arrangements," "satisfactorily arranged for financially," and "satisfactory financial arrangements," respectively, in addition to the accepted meaning of these terms. Computation of Charges a. Transmission Facilities Acreage Fees - Transmission Facilities Acreage Fees shall be computed on the basis of actual costs incurred by prior developers to install the Transmission Facilities as defined in Rule 15 -C -1-c. The original reimbursable cost is equal to the developer's actual and necessary installation costs minus the Transmission Facilities Acreage Fees associated with the property originally developed. The current balance of reimbursable costs shall be the original reimbursable costs minus any previous reimbursements made and then adjusted by an amount equal to any changes in the Engineering News Record (ENR) construction cost index since the date of completion for those Transmission Facilities previously installed. The Transmission Facilities Acreage Fee is determined by taking the current. balance of reimbursable costs and dividing such total costs by the gross acreage remaining to be developed within the East Santa Ana Canyon Area as shown on the East Santa Ana Canyon Area Documents, and multiplying the quotient by the number of acres in the Developer/Applicant's development. The Developer/Applicant's development area shall be measured to the nearest one-hundredth acre of the gross acreage. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2006-070 Dated: 04-25-06 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.15.5 Anaheim, CA 92805 RULE NO. 15 MAIN EXTENSIONS AND ENLARGEMENTS C. EAST SANTA ANA CANYON AREA TRANSMISSION AND TERMINAL STORAGE FACILITIES (Continued) b. Terminal Storage Facilities Fees - Terminal storage facilities fees shall be computed on the basis of the actual and necessary costs incurred by prior developers to install Weir Canyon and Oak Hills Reservoirs as defined in Rule 15 -C -1-d. The original reimbursable cost of Weir Canyon Reservoir is equal to the actual cost of the facility minus the Terminal Storage Facilities Fees associated with that development. The original reimbursable cost of Oak Hills Reservoir is equal to the actual cost of the facility minus Mello -Roos funding of $491,425 and minus the Terminal Storage Facilities Fees associated with that development. The current balance of reimbursable cost of each facility shall be the original cost minus and previous reimbursements made and then adjusted by an amount equal to any changes in the ENR construction cost index since the date of completion for those terminal storage facilities. The Terminal Storage Facilities Fee shall be the sum of the current balance of reimbursable costs for each of the two reservoirs divided by the gross acres remaining to be developed within the described area, and multiplying the quotient by the number of acres in the Developer/Applicant's development area. The Developer/Applicant's development area shall be measured to the nearest one-hundredth acre of the gross acreage. C. Transmission and Terminal Storage Acreage Fees are due and payable within thirty (30) calendar days from the date the fees are billed. If Acreage or Facilities Fees are not paid within the specified period, a new calculation will be made which may result in a higher fee. Acreage or Facilities Fees for Terminal Storage and Transmission Main Facilities within the east Santa Ana Canyon area, subsequent to the first initial phases of development, shall be paid prior to recordation of any Final Tract or Parcel Map. Acreage or Facilities Fees shall be required on tracts in their entirety. Payment of Acreage or Facilities Fees for portions of a tract shall not be accepted. Improvements to Undeveloped Land Any person who makes improvements to an undeveloped parcel of land within the Santa Ana Canyon Area shall pay his proportional share of all necessary facilities required to provide water service to the property. These facilities shall include, but not be limited to, additional transmission facilities, terminal storage facilities identified on Drawing W-2389 but not yet constructed, and additional pumping stations, pressure regulating facilities, and distribution mains. In certain circumstances, the Utility may require the developer to install facilities in excess of what is required to serve his property. In such cases, the developer must enter into a reimbursement agreement with the City to recover his expenditures in excess of his proportionate share. Reimbursement of such costs shall be made to the developer, without interest, as moneys are collected from future developments. The reimbursement agreement shall be in effect for a period of ten (10) years or until the proportionate cost for all additional property served has been collected and reimbursed to the developer, whichever occurs first. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2006-070 Dated: 04-25-06 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.15.6 Anaheim, CA 92805 RULE NO. 15 MAIN EXTENSIONS AND ENLARGEMENTS C. EAST SANTA ANA CANYON AREA TRANSMISSION AND TERMINAL STORAGE FACILITIES (Continued) Reimbursement Payments The Utility shall make yearly reimbursement payments to the eligible Developer/Applicants in September of each year of all East Santa Ana Canyon Area acreage fee payments, including adjustments by the ENR Construction Cost Index, as defined in Rule 15 -C -2-b. The fiscal year extends from July 1 to June 30. Miscellaneous a. Rendition of Water Service - The Utility shall not be obligated to serve any portion of the new development until all applicable payments have been completed. b. Revision - The General Manager of the Utility is authorized and directed to revise and update Drawing Nos. W-2389 and W-2393 as necessary to reflect actual construction cost of facilities, current cost estimates and such adjustments required to accommodate approved land use changes in the East Santa Ana Canyon Area. Such adjustments include, but are not limited to the addition or deletion of projects or adjustments to the borders of the East Santa Ana Canyon Area . C. Any Transmission and Terminal Storage Facilities installed hereunder shall become the sole property of the Utility after acceptance by the City of Anaheim. d. Reconciliation — The General Manager of the Utility is authorized to provide reconciliation using Utility funds to ensure that all Developer/Applicants pay their proportionate share of transmission mains and terminal storage costs. e. Special Situations - Special conditions of service, facilities and related matters applicable to these Rules and Regulations not expressly covered, shall be resolved by the Utilities General Manager. f. Exceptional Cases - In unusual circumstances, when the application of these rules appears impractical or unjust, the Developer/Applicant may refer the matter to the Anaheim Public Utilities Department General Manager for special ruling, or for the approval of special conditions, which must be agreed upon, prior to commencing construction. If the matter is not satisfactorily resolved by the Anaheim Public Utilities Department General Manager, the Developer/Applicant may petition the City Council for final determination. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2006-070 Dated: 04-25-06 General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 WATER RATES, RULES AND REGULATIONS RULE NO. 15 MAIN EXTENSIONS AND ENLARGEMENTS D. PLATINUM TRIANGLE WATER FACILITIES Page No. 3.15.7 The cost of upgrading all water facilities serving the Platinum Triangle as defined herein shall be paid for by the owners or developers of property requiring such facilities. The procedure set forth herein provides that the developer of a parcel of property within the Platinum Triangle, other than for permitted primary industrial uses as provided in Section d.11, shall pay the proportional share of the cost of facilities in the form of Gross Floor Building Area (GFA) fees. Other fees, which are covered in the City's Water Rates, Rules and Regulations shall also be applicable. Definition of Terms a. Advance - The payment required for financing the installation of upgraded water facilities within the Platinum Triangle. b. Commercial or Office Development - Any buildings or structures within the Platinum Triangle hereafter constructed, enlarged, or modified. Competitive Bidding Procedure - The process of obtaining sealed construction bids by the developer for a portion of the upgraded water facilities. The bids must be obtained in a bid form and bid items approved by the General Manager prior to soliciting for bids. The developer must obtain a minimum of three bids. The developer will not be allowed to award the contract and to proceed with the water construction work, until the bids are submitted to the City and the lowest responsible bid approved by the General Manager. The bids obtained by the developer shall be from construction contractors licensed by the State of California and qualified to perform water construction work. The General Manager will have the authority to reject all bids and request the developer to obtain the authority to obtain additional bids. If all bids submitted to the General Manager for approval are not satisfactory, the City reserves the option to solicit bids for the work under established City advertising and awarding procedures. d. Developer/Applicant - The person, association, corporation or governmental agency applying for water service. e. Gross Floor Building Area Fees - Gross Floor Building Area (GFA) fees shall be the rate on a gross square foot basis for new residential, commercial and office developments within the Platinum Triangle. f. Gross Floor Building Area of Applicant's Development - The total gross floor area as shown on the building plans submitted to the City for approval including any amendments, additions or revisions as may be requested by the Applicant or the City, measured to the nearest square foot. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2005-202 Dated: 10-25-2005 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.15.8 Anaheim, CA 92805 RULE NO. 15 MAIN EXTENSIONS AND ENLARGEMENTS D. ANAHEIM PLATINUM TRIANGLE WATER FACILITIES (Continued) g. Pay, Paid, Payment - "Make satisfactory financial arrangements" "satisfactorily arranged for financially," and "satisfactory financial arrangements," respectively, in addition to the accepted meaning of these terms. h. Platinum Triangle/Platinum Triangle - That portion of the service area bounded on the east by the Santa Ana River, on the south by the Anaheim city limits, on the west by the Santa Ana Freeway, and on the north by the Southern California Edison easement, which easement is generally located parallel to and north of Katella Avenue. i. Platinum Triangle Documents - Shall consist of Drawing Nos. W-2523 and W-2524 as latest revised delineating the boundary of the Platinum Triangle location and estimated or actual cost of upgrading water facilities and the GFA in square feet. These documents shall be revised periodically to reflect adjusted GFA, actual cost of facilities in place, current cost estimates, and such other costs which may be incurred annually in direct benefit of the Platinum Triangle. j. Platinum Triangle Facility Fund - A fund into which the GFA Fees and Advances are deposited and expenditures are made in connection with upgrading all water facilities in the Platinum Triangle. All interest earned by moneys in this fund shall remain in this fund. Appropriate administrative and overhead costs shall be charged against this fund by the Utility. k. Projected Total Development - The Projected Total Development shall be the incremental projected building square foot growth within the boundaries of the Platinum Triangle as documented in the most current land use plans adopted by the City, for commercial, residential and office space development measured to the nearest square foot. 1. Residential Development - Any building or structure within the Platinum Triangle hereafter constructed, enlarged, or modified for use as a residence. m. Upgraded Water Facilities - Those facilities which have been determined to be necessary to provide domestic and fire flows to the Platinum Triangle, as shown on Drawing No. W-2523 on file at the City of Anaheim, Public Utilities Department, Water Engineering Division. Computation of Fee a. GFA Fees - Gross Floor Building Area fees shall be computed on the basis of the estimated or actual costs of construction of the upgraded Water Facilities divided by the projected square footage of gross building area b. The Platinum Triangle Document, Drawing No. W-2524 as latest revised, shall be the official record of Gross Floor Building Area and the fee as_ computed per section D.2.a. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2005-202 Dated: 10-25-2005 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Anaheim, CA 92805 RULE NO. 15 MAIN EXTENSIONS AND ENLARGEMENTS D. ANAHEIM PLATINUM TRIANGLE WATER FACILITIES (Continued) 4. ISSUED BY: Dukku Lee General Manager Page No. 3.15.9 Application of Fee a. Each Developer shall pay an amount for upgraded water facilities calculated by multiplying the GFA fee times the Gross Floor Building Area of the Applicant's Development. b. Each developer shall pay the amount of the fee as calculated pursuant to section D.3.a. prior to approval of water improvement plans or completion of the application for water service or prior to rendering water service to the developer's premises; provided however that any failure of the City to collect the fee shall not relieve the developer of its obligation to pay the fee. Advances a. Primary main fees in the Platinum Triangle shall be treated in the manner set forth in Rule 15-A. b. In lieu of the fee as herein described, the Applicant for water service that requires Platinum Triangle Facilities, shall be permitted, if qualified in the judgment of the General Manager, to design and construct the facilities or arrange for their installation pursuant to Competitive Bidding Procedures. The cost, including the cost of design review, inspection and supervision by the Utility, shall be paid directly by Applicant. The Applicant shall provide the General Manager with a statement of actual construction cost in detail satisfactory to the General Manager. The amount to be treated as an Advance subject to refund shall be the lesser of (1) the actual cost, or (2) the price quoted in the General Manager's detailed cost estimate. The installation shall be in accordance with the plans and specification approved by the General Manager. Refund of Advances a. Each Advance in excess of the GFA Fees shall be refunded from subsequent Applicant's GFA Fees, in accordance with a written reimbursement agreement between the Utility and Developer. Such Reimbursement agreements shall have a maximum term of 10 years. b. The total amount of any refund to an Applicant shall not exceed the amount of their Advance. C. Refunds shall be subject to any existing Revenue Bond Covenants, and shall be junior to any present or future bond and note payments. (Continued) Effective: by Resolution No.: Dated: Superseding Resolution No.: 2005-202 Dated: 10-25-2005 CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 WATER RATES, RULES AND REGULATIONS RULE NO. 15 MAIN EXTENSIONS AND ENLARGEMENTS D. ANAHEIM PLATINUM TRIANGLE WATER FACILITIES (Continued) Page No. 3.15. 10 d. The Utility shall make refunds to the Applicant who made an Advance, or his assignee, until the amount of the Advance has been paid, without interest. e. When it has been necessary for the Utility to advance funds to alter or add to the Platinum Triangle Facilities, funds available for refunds will first be applied to the Utility's Advance before Section D.5.a. is applicable. f. Where two or more Applicants in the Platinum Triangle have paid Advances in the Platinum Triangle, they shall each receive as refunds a proportional amount of the funds received from GFA Fees. g. The proportional yearly amount of refund is determined by multiplying the gross amount available for refund times a weighted factor for each Applicant. The numerator of this factor is the product of the Applicant's original Advance multiplied by the number of years since the date of record of the Applicant's Advance. The denominator of this factor is the sum of the numerators for all applicants eligible for refunds. The number of years shall be calculated to the nearest month. h. The Utility shall make yearly refund payments to the eligible Applicants in September of each year. i. The first payment by the Utility for a developer's Advance shall be made in September of the year following completion and acceptance by the Utility of the upgraded water facility for which the Advance was made. 6. Miscellaneous a. Revision - The General Manager of the Utility is authorized and directed to revise and update Drawing Nos. W-2523 and W-2524 as necessary to reflect actual construction cost of facilities, current cost estimates and such adjustments required to accommodate approved land use changes in the Platinum Triangle. Such adjustments include, but are not limited to the addition or deletion of projects or adjustments to the borders of the Platinum Triangle. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2005-202 Dated: 10-25-2005 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.15.11 Anaheim, CA 92805 RULE NO. 15 MAIN EXTENSIONS AND ENLARGEMENTS D. ANAHEIM PLATINUM TRIANGLE WATER FACILITIES (Continued) Ownershin, Design and Construction of Platinum Triangle Facilities a. Any Platinum Triangle Facilities installed hereunder shall become the sole property of the Utility after acceptance by the City. b. The construction of water facilities must be accomplished in compliance with the requirements of any public authority having jurisdiction in the area of work. Any additional costs incurred in order to comply with these requirements shall become part of the total cost of the water facility. Estimates, Contract Documents, Plans and Specifications a. Any Applicant for a Platinum Triangle Facility which has entered into an agreement for designing and constructing water improvements shall be required to deposit with the Utility an amount equal to the estimated cost of review and approval of such material. The Utility shall, upon request, make available within a reasonable period after receipt of the deposit referred to above. b. The applicant shall provide the City with As Built drawings of all facilities constructed by the applicant pursuant to section DA.b. Such as builts drawings shall be original mylars drawings sealed by the engineer of record to include all revisions approved by the City during construction and startup. The construction field superintendent for the applicant shall keep a set of plans on the jobsite with all approved changes noted in red throughout the construction and startup of the facilities. Such red lined set shall be signed by the applicant's representative and turned over to the City inspection staff at the closeout of the project. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2005-202 Dated: 10-25-2005 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.15.12 Anaheim, CA 92805 RULE NO. 15 MAIN EXTENSIONS AND ENLARGEMENTS D. ANAHEIM PLATINUM TRIANGLE WATER FACILITIES (Continued) C. In the event a Platinum Triangle Facilities contract with the Utility is executed within 180 days after the Utility furnishes the detailed plans and specifications, the deposit shall become a part of the Advance. If such contract is not so executed, the deposit to cover the cost of preparing plans, specifications and cost estimates shall be forfeited by the Applicant. d. When detailed plans, specifications and cost estimates are requested, the Applicant for a Platinum Triangle Facility shall furnish the Utility accurate drawings showing a site plan including Gross Floor Building Area of the building(s) to be developed. If changes are made subsequent to the presentation of these drawings by the Applicant, and these changes require additional expense in revising contract documents, plans, specifications and cost estimates, this additional expense shall be home by the Applicant, not subject to refunds. Timing and Adiustment of Advances a. Unless the Applicant for the Platinum Triangle Facilities elects to arrange for the installation of the Platinum Triangle Facility, as permitted by Section DA.b., the full amount of the required Advance, or an acceptable surety bond and/or letter or credit must be provided to the Utility at the time of execution of a Platinum Triangle Facility agreement prior to issuance of a building permit. b. An Applicant for Platinum Triangle Facilities may be required by the General Manager to deposit sufficient cash to cover the cost of such Platinum Triangle Facilities in advance of construction. C. An Applicant for a Platinum Triangle Facility who advances funds shall be provided by the Utility with a statement of actual costs. Said statement shall be submitted within sixty days after the actual costs of the installation have been determined by the General Manager. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2005-202 Dated: 10-25-2005 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Anaheim, CA 92805 RULE NO. 15 MAIN EXTENSIONS AND ENLARGEMENTS D. ANAHEIM PLATINUM TRIANGLE WATER FACILITIES (Continued) Page No. 3.15.13 d. Any differences between the actual costs and the amount advanced shall be shown as a revision of the amount of Advance and shall be payable by the developer or reimbursed by the City within thirty days of the date of the submission of a statement to the Applicant. 10. Special Conditions a. Special Situations - Special conditions of service, facilities and related matters applicable to these Rules and Regulations not expressly covered, shall be resolved by the Utilities General Manager. b. Exceptional Cases - In unusual circumstances, when the application of these rules appears impractical or unjust, the Applicant may refer the matter to the Utilities General Manager for special conditions, which are agreed upon, prior to commencing construction. If the matter is not satisfactorily resolved with the Utilities General Manager, the Applicant may petition the City Council for final determination. C. Any person who disputes the amount of the fee or the application of the fee shall file a notice of appeal with the Utilities General Manager within 10 calendar days of receiving notice that the fee is due. The filing of an appeal shall not relieve the developer of the obligation to pay the fee in accordance with the preceding paragraph b. Any fees paid during or prior to an appeal will be held by the Utility until the appeal is determined. 11. Exemptions a. Any structure of any portion thereof devoted to parking of automobiles. b. Conversion of a building or structure to a similar or less intensive land use. C. Reconstruction of any building or structure destroyed by fire or other natural causes. d. Any building or structure wherein the proposed use is a permitted use under Section 18.61.020 of the ML (Limited Industrial) Zone. ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2005-202 Dated: 10-25-2005 General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 A. PRIVATE FIRELINE SERVICE WATER RATES, RULES AND REGULATIONS RULE NO. 20 FIRE PROTECTION Page No. 3.20.1 An Applicant is responsible for providing a Private Fireline Service and the associated design, installation, and testing of the private fire protection system on the Customer's property in accordance with the Utility's standards and the California Fire Code, as adopted by the City of Anaheim. 2. When an Applicant requests water system pressure and flow information from the Utility in connection with the design of a private fire protection system, the Utility will provide the most economical method that meets the Utility's standards. Three potential options for information exist, and the appropriate source will be determined by the Utility, at its discretion, based on facts specific to the property. a. Field Test: A field test to determine available water pressure and flow information for design purposes consists of a physical test of the water system in the vicinity of the Customer's property that is witnessed by a representative of the Utility. The Applicant will be invoiced on a work order basis for labor in excess of four (4) hours, equipment and materials costs incurred by the Utility in inspecting and witnessing the field test. b. Preexisting Field Test: If a field fire flow test has been conducted within a period of six (6) months prior to the Applicant's request, and the water system pressure and flow information provided thereby is acceptable to the Utility as an accurate representation of the water system pressure and flow conditions in the vicinity of the Customer's property, the information from the preexisting field test may be used by the Applicant. C. Utility Hydraulic Model: If the Water System in the area of the proposed Private Fireline Service connection has been hydraulically modeled by or at the direction of the Utility, and the pressure and flow information provided thereby is acceptable to the Utility as an accurate representation of the water system pressure and flow conditions in the vicinity of the Customer's property, the hydraulic model information may be used by the Applicant. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 95R-114 Dated: 06-20-95 General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 B. PUBLIC FIRE PROTECTION WATER RATES, RULES AND REGULATIONS RULE NO. 20 FIRE PROTECTION Page No. 3.20.2 The location of all public fire hydrants shall be determined by the Utility and the Anaheim Fire and Rescue Department. If additional public fire hydrants, in excess of those required for standard spacing, are requested by a Customer or required as a condition of development by the Utility or the Anaheim Fire and Rescue Department, the Utility may install such hydrants at the Customer's expense or the Customer may install these hydrants pursuant to Section B.3 of this Rule. Should a Customer request permission to relocate a public fire hydrant, the following conditions shall apply: a. Customer shall submit a detailed plan showing the proposed location of the fire hydrant to the Utility for its review and approval. b. The Customer will be invoiced on a work order basis for equipment and materials costs incurred by the Utility in the review and approval of the public fire hydrant relocation plan. If the Utility's labor for the review and approval exceeds four (4) hours, the invoice to the Applicant will also include labor charges for the overage. The Customer shall pay invoiced costs prior to fire hydrant relocation plan approval. C. All fire hydrant relocation work shall be performed in full compliance with applicable law, including the Anaheim Municipal Code. Public fire hydrants installed by a Customer as a part of a Main Extension project by the Utility shall be paid for by the Customer and may be eligible for reimbursement as outlined in Rule No. 15. ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 99R-142 Dated: 06-22-99 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. 2016-198 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 18th day of October, 2016, by the following vote of the members thereof: AYES: Mayor Tait and Council Members Kring, Murray, Brandman, and Vanderbilt NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of October, 2016. (SEAL)