Loading...
RES-2023-023RESOLUTION NO. 2023- 0 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MODIFYING THE RATES, RULES AND REGULATIONS, WHICH DO NOT MATERIALLY 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. 2022-019 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 of Anaheim ("Anaheim 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 Rule No. 23 of the Water Rates, Rules and Regulations; and WHEREAS, it is reasonable and appropriate to modify Rule No. 23 of the Water Rates, Rules and Regulations, as set forth in Attachment A, to update customer service fees and increase flexibility to issue courtesy credits; and WHEREAS, on February 2, 2023, and February 9, 2023, notice of the public hearing regarding modifications to Water Rule No. 23 of the Water Rates, Rules and Regulations was published in the Anaheim Bulletin and proof thereof is on file with the Secretary of the Public Utilities Board; and WHEREAS, the Public Utilities Board held a public hearing for Water Rule No. 23 modifications on February 22, 2023, and evidence was presented in support of the modifications to the Water Rates, Rules and Regulations; 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 Anaheim 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 set forth in Attachment A, which are on file with the Office of the City Clerk; and WHEREAS, the Anaheim 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 set forth 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 Rule No. 23 of the Water Rates, Rules and Regulations, as set forth in Attachment A. These modifications shall be effective April 3, 2023. 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. 2 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 28 day of March , 2023, by the following roll call vote: AYES: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM MAYOR OF CITY OF ANAHEIM ATT T: CITY CLERK OF THE CITY OF ANAHEIM 147719 Attachment A Water Rates, Rules and Regulations Rule No. 23 Effective April 3, 2023 CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 AARnlicability WATER RATES, RULES AND REGULATIONS RULE NO.23 CUSTOMER SERVICE FEES AND CREDITS Applicable to all Classes of Service. Page No. 3.23.1 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 (Additional Charge) $60.00 4 Paperless and Automatic Electronic Payment Enrollment Credit $10.00 7 Minimum Deposit $45.00 7 Minimum Diversion Deposit Residential service Non-residential service $45.00 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 Labor & Material 11 Damaged Locking Device Labor & Material 11 Repair or Replace Damaged Meter Labor & Material 16 Rescheduled Meter Read Charge $25.00 16/17 Courtesy Credit* Up to $50.00 17 Meter Test Labor & Material *Courtesy credits may be extended to Customers for missed appointments, billing errors, or other extenuating circumstances where the Customer, through no fault of their own, received delayed or inadequate service. The courtesy credit amount listed above is for instances incidental in nature, covering the majority of courtesy credits issued. In situations where a Customer incurred higher cost impacts, the General Manager may issue a courtesy credit in an amount commensurate with the situation. ISSUED BY: Effective: Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2021-012 Dated: 02-16-21 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. 2023-023 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 281 day of March. 2023 by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel and Meeks NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 29t' day of March, 2023. CITY CLEIRK OF THE CITY OF ANAHEIM (SEAL)