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RES-2010-013RESOLUTION NO. 2010- 013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MODIFYING THE RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF WATER AS ADOPTED BY RESOLUTION NO. 72 -600 AND MOST RECENTLY AMENDED BY RESOLUTION NO. 2009 -078. WHEREAS, the City of Anaheim (Anaheim) maintains a water transmission and distribution system for the distribution of water to residents and inhabitants of Anaheim and has adopted Water Rates, Rules, and Regulations for the sale and distribution of water; and WHEREAS, the Anaheim Municipal Code authorizes the City Council to approve reasonable Rates, Rules and Regulations governing water services and fees for providing water services; and WHEREAS, Anaheim established Rule No. 9 of the Water Rates, Rules, and Regulations for the rendering and payment of bills; and WHEREAS, the proposed modifications to Rule No. 9 (Rendering and Payment of Bills) of the Water Rates, Rules, and Regulations are intended to implement a one percent (1 %) Late Payment Charge on the water balance of the customer bill which remains unpaid after its due date as this will allow Customer Service to increase the amount of time distressed customers have to set up a payment plan before water service is discontinued; and WHEREAS, the Public Utilities Board considered the requirements of the California Environmental Quality Act and found that matters covered above come within Section 21080 (b) (8) of the Public Resources Code of the State of California. Thus, the modifications to Rule No. 9 of the Water Rates, Rules and Regulations are statutorily exempt from the California Environmental Quality Act; and WHEREAS, the Public Utilities Board considered and recommended the proposal of the Public Utilities Department to modify Rule No. 9 of the Water Rates, Rules, and Regulations; and WHEREAS, the Public Utilities Board made the following findings with respect to the need for the proposed modifications to the Water Rates, Rules and Regulations that it is reasonable and appropriate to amend Rule No. 9 (Rendering and Payment of Bills) as set forth in Attachment A in order to implement a one percent (1 %) Late Payment Charge on the water balance of the customer bill which remains unpaid after its due date as this will allow Customer Service to increase the amount of time distressed customers have to set up a payment plan before electric service is discontinued; and WHEREAS, based on the findings hereinabove made, the Public Utilities Board of the City of Anaheim recommended to the City Council that the Council adopt the findings of the Public Utilities Board with respect to the matters contained herein and adopt the modifications to Rule No. 9 of the Water Rates, Rules, and Regulations as shown in Attachment A; and WHEREAS, based on the findings hereinabove made, the Public Utilities Board of the City of Anaheim recommended to the City Council that the Council, by Motion, certify that the adoption of the modified Rule No. 9 of the Water Rates, Rules, and Regulations is statutorily exempt under the California Environmental Quality Act, Public Resource Code, Section 21080(b)(8), in accordance with Title 14 of the California Administrative Code, Section 15273(a); and WHEREAS, the City Council has considered the evidence and concurs with the findings of the Public Utilities Board as set forth herein above. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. The findings set forth herein are hereby adopted by the City Council of the City of Anaheim. 2. The modifications to Rule No. 9 of the Water Rates, Rules and Regulations as set forth in Attachment A shall be, and are hereby adopted by the City Council of the City of Anaheim effective March 1, 2010. 3. The 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 12th day of January , 2010, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY O NAHEIM MAYOR OF THE C TY ANAHEIM ATTEST: � Lt*l , , Z" CITY CLERK OF THE CITY IF ANAHEIM 75406.2 CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 WATER RATES, RULES AND REGULATIONS RULE N®. 9 RENDERING AND PAYMENT OF BILLS Attachment A Page No. 3.9 A. RENDERING OF BILLS 1. Billing Period. Bills for water service witl be rendered bimonthly, monthly, or as otherwise provided in the tariff schedules. 2. Metered Service. a. Bills or summary bills for metered service will be based on meter registrations. Meters will be read as required for the preparation of regular bills, summary bills, opening bills and closing mills. b. If, because of unusual conditions or for reasons beyond its control, the Utility is unable to read the customer's meter on the scheduled reading date, the Utility may bill the customer for estimated consumption during the billing period, and make any necessary corrections when a reading is obtained. Estimated consumption for this purpose will be calculated considering the customer's prior usage, the Utility's experience with other customers of the same class in that area, and the general characteristics of the customer's operations. Adjustments for any underestimate or overestimate of a customer's consumption will be reflected on the first regularly scheduled bill rendered and based on an actual reading following any periods when estimation was required. Access to the meter, Sufficient to permit its being read, shall he provided by the customer as a prerequisite to the Utility making any adjustment of water consumption billed on an estimated basis. 3. Pro Rata Computation. a. All bills or summary bills for water service rendered will be computed in accordance with this applicable thirty -day rate schedule, but the amount of the customer, service, or minimum charge, specified therein will be prorated on the basis of the ratio of the number of days service has been rendered to the number of days in an average month of thirty -days. b. When the total period of service is less than 30 days, no proration will be made, and the bill shall not be less than the monthly minimum. B. READINGS OF SEPARATE METERS NOT COMBINED For the purpose of billing, each meter upon the customer's premises will be considered separately, and the readings of two or more meters will not be combined, except as follows: 1. Where combination of meter readings are specifically provided for in the tariff schedules. 2. Where the Utility's operating convenience requires the use of more than one meter per service connection. C. PAYMENT OF BILLS I. All bills or summary bills are due upon receipt. Payment shall be made at the City of Anaheim, Division of Collections. 2. Bills for connection or reconnection of service and payments for deposits or to reinstate deposits as required under the rules of the Utility shall be paid before service will be connected or reconnected. D. RETURNED CHECK CHARGE The Utility may require payment of a returned check charge equal to that permitted under the City of Anaheim Municipal Code for any check or other negotiable instrument returned from the bank unpaid. (Continued) ISSUED BY: Effective: 03 -01 -10 by Resolution No.: Dated: Marcie L. Edwards Superseding Resolution No.: 95R -140 Dated: 07 -25 -95 General Manager CITY OF ANAHEIM ' Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 WATER RATES, RULES AND REGULATIONS RULE NO. 9 RENDERING AND PAYMENT OF BILLS E. FUND VERIFICATION FEE Page No. 3.9.2 A Fund Verification Fee may be charged to customers paying by personal check if the Utility deems it necessary to verify that the customer has sufficient funds in his/her account when: (1) the customer has been disconnected for non - payment of service or (2) the customer has a history of non - sufficient funds in his/her account. This fee is contained in Rule 21. F. LATE PAYMENT CHARGE A late payment charge of 1.0% may be applied to the total unpaid balance of a domestic or nondomestic customer account if the Customer's payment is not received by the date indicated on the Customer account bill or Summary Bill. ISSUED BY: Effective: 03 -01 -10 by Resolution No.: Dated: Marcie L. Edwards Superseding Resolution No.: 99R -142 Dated: 06 -22 -99 General Manager