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RES-2021-012 RESOLUTION NO. 2021- 012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MODIFYING THE RATES, RULES AND REGULATIONS, WHICH DO NOT INCREASE RATE- RELATED REVENUES, FOR THE SALE AND DISTRIBUTION OF WATER AS ADOPTED BY RESOLUTION NO. 72R-600 AND MOST RECENTLY AMENDED BY RESOLUTION NO. 2020-020 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 15061(B)(3) AND 15273(A) OF TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS. WHEREAS, the City of Anaheim ("Anaheim") maintains a water production, 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 Water Rates, Rules and Regulations for water services, which are provided by the Anaheim Public Utilities Department("APU"); and WHEREAS,APU 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, in support of the foregoing, APU staff reviewed and recommends modifications to the Introduction Page and Rule Nos. 3, 4, and 23 of the Water Rates, Rules and Regulations; and WHEREAS,it is reasonable and appropriate to modify the Water Rates, Rules and Regulations, as set forth in Attachment A, to enhance APU's ability to offer customer benefits; and WHEREAS, the Public Utilities Board considered the requirements of the California Environmental Quality Act(CEQA) and found that the proposed modifications to the Water Rates, Rules and Regulations, as set forth in Attachment A, come within Public Resources Code section 21080(b)(8)and Title 14 of the California Code of Regulations,sections 15061(b)(3) and 15273(a). Thus,these modifications are exempt from CEQA; and WHEREAS, based on the findings hereinabove made, the Public Utilities Board recommended that the City Council determine that the modifications to the Water Rates, Rules and Regulations are exempt under CEQA, Public Resources Code section 21080(b)(8) and Title 14 of the California Code of Regulations, sections 15061(b)(3) and 15273(a); and WHEREAS, based on the findings hereinabove made, the Public Utilities Board recommended that the Anaheim City Council adopt the findings of the Public Utilities Board with respect to the matters contained herein and adopt the modifications to the Water Rates, Rules and Regulations,as reflected in Attachment A,all of which are on file with the Office of the City Clerk; and WHEREAS, the City Council has considered the evidence and concurs with the findings of the Public Utilities Board as set forth hereinabove. NOW,THEREFORE BE IT RESOLVED by the Anaheim City Council as follows: 1. The findings set forth herein are hereby adopted by the Anaheim City Council. 2. The Anaheim City Council hereby determines that, in accordance with CEQA and the State CEQA Guidelines, the modifications to the Water Rates, Rules and Regulations, as reflected in Attachment A, are exempt from CEQA pursuant to Public Resources Code section 21080(b)(8)and sections 15061(b)(3)and 15273(a)of Title 14 of the California Code of Regulations, because it can be seen with certainty that there is no possibility that the proposed modifications will have a significant effect on the environment as the modifications are primarily administrative in nature. 3. The Anaheim City Council hereby adopts the modifications to the Introduction Page and Rule Nos. 3, 4, and 23 of the Water Rates, Rules and Regulations, as reflected in Attachment A. These modifications shall be effective March 1, 2021. 4. The Anaheim Public Utilities General Manager is hereby authorized and directed to prepare, promulgate, publish, and implement changes to the Water 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 1 6th day of February , 2021,by the following roll call vote: AYES: Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Moreno, Valencia, and O'Neil NOES: None ABSENT: None ABSTAIN: None CITY I F ANAHEIM 111", „ 1 it , • y II,' 11 THE CI I O' • I'AHEIM ATTEST: 411110 1....,.... .: - . CITY CLERK OF THE CITY OF AN 141243 Attachment A Water Rates, Rules and Regulations Introduction Page and Rules effective March 1, 2021 CITY OF ANAHEIM WATER RATES,RULES Utilities Financial Services AND REGULATIONS 201 S.Anaheim Blvd. Page No. 1 Anaheim,CA 92805 TARIFF SCHEDULES APPLICABLE TO WATER SERVICE OF CITY OF ANAHEIM WATER UTILITY POST OFFICE BOX 3222 ANAHEIM,CALIFORNIA 92803 The City of Anaheim is a charter city of the State of California. The tariff schedules are established in accordance with the requirements of Section 1221 of the Charter of the City of Anaheim and State Law. These tariff schedules also set forth the Water Utility's rules, regulations, terms, and conditions governing water service. The following tariff schedules have been approved by resolution by the City Council of the City of Anaheim and are the effective rates and rules of the Water Utility. The City Council of the City of Anaheim may amend or cancel these rates and rules by resolution. The Public Utilities Board conducts public hearings and makes recommendations to the City Council pertaining to the Water Utility,including modifications to these rates and rules. No official or employee of the City of Anaheim or the Water Utility has any authority to waive,alter, or amend these tariff schedules or any part thereof in any respect,except in the manner provided herein. Applicants for service and customers must conform to and comply with these tariff schedules. For inquiries, contact Anaheim Public Utilities at (714) 765-3300 or in writing at P.O. Box 3222, Anaheim, CA 92803. ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 72R-600 Dated: 12-19-72 General Manager 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 EOUIPMENT 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: 02-01-13 by Resolution No.:2013-003 Dated:01-15-13 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.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 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 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 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. (Continued) ISSUED BY: Effective: 03-01-18 by Resolution No.: 2018-022 Dated: 02-27-18 Dukku Lee Superseding Resolution No.: 2017-069 Dated: 04-25-17 General Manager CITY OF ANAHEIM WATER RATES,RULES Utilities Financial Services AND REGULATIONS 201 S.Anaheim Blvd. Page No.3.3.3 Anaheim,CA 92805 RULE NO. 3 APPLICATION FOR SERVICE F. TEMPORARY WAIVER OF CHARGES OR APPLICATION OF BILL CREDITS DUE TO DECLARED EMERGENCIES 1. 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, the General Manager may,subject to the Utility's financial ability,authorize the Utility to: a. Waive or defer any portion of fees or charges, including associated administrative charges, relating to an affected Customer's Service, Service Connection, and/or Temporary Service; and/or b. Apply bill credits to provide temporary relief to Customers. 2. If an existing residential structure is totally destroyed or partially damaged during one of the emergencies referenced in F.1 above,the Utility may provide partial service restoration at no charge to the existing property owner Applicant, if the Planning and Building Department,Fire and Rescue 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. • ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2018-022 Dated: 02-27-18 General Manager CITY OF ANAHEIM WATER RATES,RULES Utilities Financial Services AND REGULATIONS 201 S.Anaheim Blvd. Page No.3.4.1 Anaheim,CA 92805 RULE NO. 4 DEFERRED PAYMENT ASSISTANCE Subject to the requirements of this Rule, any Customer may request deferred payment assistance ("Deferred Payment Assistance")with the payment of the water Services portion of their Utility bill when Customer is unable to pay by the due date. For eligible Customers, Deferred Payment Assistance may be in the form of either an extension of the payment due date or a monthly installment plan. A. Extension 1.If a Customer requests an extension to pay the water Services portion of their Utility bill,the Utility may extend the due date by ten(10)calendar days beyond the printed due date on a Customer's past due notice. At its discretion,the Utility may grant extensions beyond ten(10)calendar days,provided Customer meets the creditworthiness requirements set forth in Rule No. 6-A.Notwithstanding the Utility's approval of an extension,Customer will still be subject to late payment charges.In addition to any requirements set forth above,the Utility shall only grant an extension if all of the following conditions are met: (a)Customer is not in default of any previous Deferred Payment Assistance obligations;and (b)No part of the charges on the bill subject to the extension request is the result of a Diversion as defined in Rule No.6. 2. An extension temporarily suspends the termination of Services for the length of the extension granted.If, however, Customer fails to pay their bill by the extended due date,the Utility may proceed to terminate Customer's Service. B. Installment Plans 1. In the alternative to the extensions described above,Customer may request to defer payment of the water Services portion of their Utility bill through a Utility-approved monthly installment plan ("Plan"). A Customer may make such a request for monthly or bi-monthly billed accounts. Subject to restrictions set forth herein, the Utility may approve a Plan for past due amounts on active accounts once a year for no more than a twelve(12)month period.Additional Plans may be approved by the Utility at its discretion. Notwithstanding the Utility's approval of a Plan,Customer will still be subject to late payment charges. In addition to any requirements set forth above,the Utility shall only approve a Plan if all of the following conditions are met: (a)Customer is not in default of any previous Deferred Payment Assistance obligations; .(b)No part of the charges subject to the Plan request is the result of a Diversion as defined in Rule No. 6; and (c)Customer executes and provides the Utility a Plan in a form approved by the Utility. (Continued) ISSUED BY: Effective: 02-01-16 by Resolution No.: 2016-007 Dated: 01-12-16 Dukku Lee Superseding Resolution No.: 72R-600 Dated: 12-19-72 General Manager CITY OF ANAHEIM WATER RATES,RULES Utilities Financial Services AND REGULATIONS 201 S.Anaheim Blvd. Page No.3.4.2 Anaheim,CA 92805 RULE NO. 4 DEFERRED PAYMENT ASSISTANCE 2.If the Utility approves a Plan,the Customer shall(a)make Plan payments as required by the Plan;and(b) keep Customer's account current as charges accrue for future Services in each subsequent billing period.A Plan temporarily suspends the termination of Services so long as Customer complies with the foregoing requirements. Further, Plan approval does not prevent termination for past due amounts for future Services.Any failure to pay charges accrued for future Services in subsequent billing periods shall subject Customer's Service to termination as provided in these Rates,Rules and Regulations. In the event Customer fails to comply with the Plan, the Utility may proceed to terminate Customer's Service and commence the termination process; however, the Utility shall not terminate Service without first giving notice to the Customer at least forty-eight(48)hours prior to termination.This notice shall set forth the conditions the Customer is required to meet to avoid termination. 3.For a bi-monthly billed account,the Utility shall convert a Customer's account to a monthly billed account for a minimum of twelve (12)months. This requirement is in addition to those requirements set forth in Section B.2 above. Upon Customer's successful completion of both the Plan and Utility-required twelve (12)month billing cycle(s), Customer may request to be returned to bi-monthly billing for the upcoming billing cycle. C. Those Customers,who elect to receive electronic paperless bills and make automatic electronic payments (e.g., Automated Clearing House), may, at the Utility's discretion, receive a one-time bill credit issued after their election in an amount set forth in Rule No.23. • ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2017-069 Dated: 04-25-17 General Manager CITY OF ANAHEIM WATER RATES,RULES Utilities Financial Services AND REGULATIONS 201 S.Anaheim Blvd. Page No.3.23.1 Anaheim,CA 92805 RULE NO.23 CUSTOMER SERVICE FEES AND CREDITS Applicability Applicable to all Classes of Service. Rule Number Description Fee/Credit Amount 3 Service Establishment Charge $10.00 3 Same Day Service Establishment(Additional Charge) $35.00 3/11 After Hours Service Establishment or Reconnection $60.00 (Additional Charge) 4 Paperless and Automatic Electronic Payment $10.00 Enrollment Credit 7 Minimum Deposit $45.00 7 Minimum Diversion Deposit Residential service $45.00 Non-residential service An amount equal to calculated deposit 9 Returned Check Charge(Item Handling Fee) In accordance with Anaheim's Municipal Code 11 Reconnection Charge $20.00 11 Investigation Charges $70.00 Minimum 11 Damaged Locking Device $5.00 11 Repair or Replace Damaged Meter Labor&Material 16 Rescheduled Meter Read Charge $25.00 16 Missed Appointment Courtesy Credit Up to$50 17 Billing Error Courtesy Credit $25 17 Meter Test Labor&Material ISSUED BY: Effective: Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2017-069 Dated: 04-25-17 General Manager CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2021-012 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 16th day of February, 2021 by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Moreno, Valencia and O'Neil NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of February, 2021. CITY CLERK OF THE CITY OF ANAHEIM (SEAL)