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RES-2018-021RESOLUTION NO. 2018-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MODIFYING THE ELECTRIC RATES, RULES AND REGULATIONS BY MODIFYING RULE NO. 3, 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. 2017-122 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, fees, and charges for providing electric services; and WHEREAS, Anaheim established various rules of the Electric Rates, Rules and Regulations for these purposes; and WHEREAS, the Canyon Fire 2 swept through Anaheim on October 9, 2017; and WHEREAS, on October 9, 2017, the Director of Emergency Services of the City of Anaheim ("Director") issued a proclamation of the existence of a local emergency pursuant to California Government Code Section 8630 and AMC Section 6.04.060 as a result of the Canyon Fire 2; and WHEREAS, on October 12, 2017, the Anaheim City Council ratified the proclamation of local emergency issued by the Director pursuant to Government Code Section 8630 and AMC Section 6.04.060; and WHEREAS, as a result of the Canyon Fire 2, thirty-one residential structures in Anaheim have been completely destroyed or partially damaged. Additionally, a limited number of trees designated by the AMC as "Specimen Trees" were damaged; and WHEREAS, on November 7, 2017, the Anaheim City Council designated Anaheim as a City of Kindness affirming its commitment to fostering community and building resiliency through everyday acts of kindness; and WHEREAS, in recognition of Anaheim's Commitment to Kindness, at the November 21, 2017 Anaheim City Council meeting, the Anaheim City Council requested that staff review and make recommendations on how Anaheim can help families affected by the Canyon Fire 2; and WHEREAS, at the December 19, 2017 Anaheim City Council meeting, the Anaheim City Council adopted Resolution No. 2017-185, which approved and authorized a fast - tracked and no -cost plan review program and waived Public Works, Building, Planning, and Fire plan check fees applicable to the repair or reconstruction of structures damaged as a result of the Canyon Fire 2 to expedite residential restoration and the rebuilding process; and WHEREAS, in support of the Anaheim City Council's earlier request and action, the Public Utilities Department ("Department") proposes to provide similar assistance to residential property owners impacted by the Canyon Fire 2 through expedited plan check reviews and no -cost services for temporary water and electric service connections, plan check, design/engineering, and inspection; and WHEREAS, staff reviewed and recommends modifications to Rule No. 3 of the Electric Rates, Rules and Regulations to, among other things, support residential property owners impacted by declared emergency events, including the Canyon Fire 2, by temporarily waiving certain Department charges or portions thereof, and WHEREAS, at its regular meeting on January 24, 2018, the Anaheim Public Utilities Board ("Public Utilities Board") was presented with proposed Rule No. 3 modifications; and WHEREAS, the Public Utilities Board considered the proposal of the Department and made the following findings with respect to the need for the proposed modifications to the Electric Rates, Rules and Regulations: it is reasonable and appropriate to modify Rule No. 3 as set forth in Attachment A in order to (a) support residential property owners impacted by the Canyon Fire 2 by temporarily waiving certain charges or portions thereof, (b) streamline the process for the Department, as authorized by the Public Utilities General Manager, to temporarily waive certain charges or portions thereof for future emergency events as declared by the Anaheim City Council, or proclaimed or declared by another governing body vested with the authority to make such a proclamation or declaration where the emergency event results in the total destruction or partial damage to residential structures existing at the time the emergency event occurs, which allows for implementation of such assistance by the Department without delay; and (c) consolidate provisions into Rule No. 3, which authorize temporary waivers of charges or portions thereof to residential customers when an emergency event has been declared; and WHEREAS, based on the findings hereinabove made, the Public Utilities Board recommended to the Anaheim City Council that the Anaheim City Council adopt the findings of the Public Utilities Board with respect to the matters contained herein and modify Rule No. 3 as set forth in Attachment A; and WHEREAS, the Anaheim City Council has considered the evidence and concurs 2 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: The findings set forth herein are hereby adopted by the City Council of the City of Anaheim. 2. The Anaheim City Council hereby determines that, in accordance with CEQA and the State CEQA Guidelines, the modifications to Rule No. 3 as set forth in Attachment A are exempt from CEQA pursuant to Public Resources Code, section 21080(b)(8), and sections 15060(c)(3), 15061(b)(3), 15273(a), and 15378(b)(2)(4)(5) of Title 14 of the California Code of Regulations, because it can be seen with certainty that there is no possibility that Rule No. 3 will have a significant effect on the environment because the modifications are administrative in nature, primarily provide expedited and no -cost temporary utility services for residential property owners impacted by declared emergencies, and are not a project as defined in Section 15378 of the CEQA Guidelines. 3. The modifications to the Electric Rates, Rules and Regulations shall be, and are hereby adopted by the Anaheim City Council with Rule No. 3 to become effective March 1, 2018, as reflected in Attachment A and as more fully set forth in the text of Rule No. 3. 4. Neither this Resolution nor anything contained herein shall be construed as amending or modifying any existing Electric Rates, Rules and Regulations rates or charges. 5. The Anaheim Public Utilities General Manager is authorized and directed to prepare, promulgate, publish, and take any and all actions necessary to implement the changes to the 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 February, 2018, by the following roll call vote: AYES: Mayor Tait and Council Member Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHE��� t//01_?� MAY R OF THE CITY OF ANAHEIM A T:,.(Z;Z� ITY CLE4K OF THE CITY OF ANAHEIM 126177 3 Attachment A Rule No. 3 of the Electric Rates, Rules and Regulations CITY OF ANAHEIM ELECTRIC RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Anaheim, CA 92805 RULE NO.3 APPLICATION FOR SERVICE A. APPLICATION FOR SERVICE Page No. 3.3.1 Each Applicant for Utility service shall be required to furnish the following information, as applicable: 1. Name, mailing address, and contact telephone number of Applicant. 2. Location of Premises to be served. 3. Date Applicant will be ready for service. 4. Such other information as the Utility may reasonably require and/or is required by applicable federal or state law. The above information may be supplied by the Applicant in writing, in person, or by telephone. 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. 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 rating of the service, increase in connected load, or extent, size, or character of the utilizing equipment or operations 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 facilities. (Continued) ISSUED BY: Effective: 02-01-13 by Resolution No.: 2013-002 Dated: 01-15-13 Marcie L. Edwards Superseding Resolution No.: 2005-39 Dated: 03-29-05 General Manager CITY OF ANAHEIM ELECTRIC RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Anaheim, CA 92805 RULE NO.3 APPLICATION FOR SERVICE D. SERVICE ESTABLISHMENT CHARGE Page No. 3.3.2 1. The Utility will charge a service establishment charge for any service(s) established at an individual Premises. This charge is contained in Rule No. 23. 2. The service establishment charge provided for herein is in addition to the charges in accordance with the applicable Tariff Schedule and may be made each time an account is established. As used herein, establishment means each time an account is opened, including a tum on of service or a change of name which requires a Meter reading or occupant verification. 3. Service requests will be processed and scheduled on a first-come, first-served basis. If a Customer requests to expedite the establishment of Service, the Utility may fulfill the request on the same day or after the Utility's regular service establishment hours to the extent resources are available. In such cases, an additional charge will be assessed on the Customer in the amounts set forth in Rule No. 23. 4. The service establishment charge is only applicable to Customers of the Utility whose service is directly metered by the Utility. 5. No service establishment charge shall be assessed on Customers requesting a change of name on an account if the new Person to be named on the account can verify that he or she Iived at the individual Premises prior to the change of name request. 6. No service establishment charge shall be assessed on any new Customer who subsequently receives approval for the Utility's Energy Discount for Income -Qualified Senior, Income -Qualified Long - Term Disabled, or Income -Qualified Military Veteran Customers as defused in Electric Rule No. 26, within one year of starting service with the Utility, and shall be refunded any service establishment charges if paid in advance of such approval. 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. TEMPORARY WAIVER OF CHARGES DUE TO DECLARED EMERGENCIES 1. The Utility, as authorized by the General Manager, may waive certain charges or portions thereof related to a) Customer service charges, b) Temporary Service, c) service connection plan checks, design/engineering, and inspection, and/or d) related administrative charges, in the event an emergency or local emergency, as those terms are defined in the Government Code, as amended, or Anaheim Municipal Code, as amended, is proclaimed or declared by the City Council or other governing body vested with the authority to make such a proclamation or declaration, and the event results in the total destruction or partial damage to residential structures existing at the time the emergency or local emergency occurs. 2. The Utility may provide partial service restoration at no charge to the existing property owner Applicant, if the Planning and Building Department, Fire Department, and/or Utility determine that partial service restoration will not result in further damage to Utility equipment/facilities or that residential structure or adjacent structures. 3. The Utility shall expedite requests for plan check reviews and schedule service connections, to the extent feasible, subject to the quantity and frequency of such requests. 4. Waived charges shall apply to the existing property owner Applicant for one year from the date the emergency or local emergency is proclaimed or declared, unless the City Council declares otherwise. ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2017-068 Dated: 04-25-17 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. 2018-021 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 27th day of February, 2018 by the following vote of the members thereof: AYES: Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of February, 2018. ACTING CITY C ERK OF THE CITY OF ANAHEIM (SEAL)