Loading...
HomeMy WebLinkAbout1999-11-22 City Council (15)City of Palo Alto City Manager’s Report TO: FROM: HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: UTILITIES 5 DATE:NOVEMBER 22, 1999 CMR:424:99 SUBJECT:PROPOSED REVISIONS TO UTILITY RULE AND REFUSE RATE SCHEDULES RECOMMENDATION This report recommends Council approval of the attached resolution amending Utility Rule and Regulation Number 11, "Billing, Adjustments, and Payment of Bills"; and Utility Rate Schedules R-l, "Domestic Refuse Collection", F-1-FA, "Refuse Collection", and R-2, "Commercial Refuse Collection". BACKGROUND City staff, with consulting assistance from Systems and Computer Technology (SCT), implemented the Customer Information System (CIS) over the week-end of November 13-14 1999. The CIS is a packaged software application for billing utility services. The City’s rules on utility billing are described in Utility Rule and Regulation Number 11, "Billing, Adjustments, and Payment of Bills". The new CIS pro-rates bills and calculate late payment charges slightly differently than the old billing system. Because of these differences, minor revisions to Utility Rule 11 are required to be consistent with the manner in which the new CIS calculates bills. Additionally, on August 9, 1999, Council approved an agreement with Palo Alto Sanitation Company (PASCO) and approved refuse rate schedules effective September 1, 1999. The change to the utility rate schedules established and documented a detailed list of PASCO customer charges. However, there were some inadvertent errors of omission, which have been identified. Consequently, revisions to Refuse Rate Schedules R-l, R-1-FA, and R-2 are required. DISCUSSION Proposed Changes to Utility Rule and Regulation Number 11 In comparison to the current utility billing system (CUBIS), the CIS has differences in billing in three minor areas. They are: proration of bills, customer credit rating system, and CMR:424:99 Page ! of 3 computation of late payment charges. The current proration of rate structures is based on a 30.4 day billing cycle whereas the CIS is based on a 30.0 day billing cycle. The current customer credit rating system is unique to CUBIS and evaluates credit history on an A, B, C, and D scale. The new CIS does not use this credit system and customer bills will not indicate a credit rating. Customer bills are currently assessed a late payment charge when unpaid before the next monthly bill. On an annual basis, these charges account for approximately one-tenth of one percent of the utilities revenues. Utility Rule and Regulation Number 11 waives the late payment charge for bills under $100. Also, the late payment charge applicable to bills over $100 ranges from 1.1 percent to 1.5 percent, depending on the size of the outstanding balance. With the new CIS, late payment charges will be assessed for all delinquent accounts, including bills under $100. The applicable penalty charge will become fixed at 1 percent for all bills. Proposed Changes to Refuse Rate Schedules With approval of a new PASCO agreement, a large number of PASCO fees were identified and added to the City’s refuse rate schedules (R-I, R-1-FA, and R-2) under "Special Charges/Collection". One of these fees is incorrect while others were inadvertently omitted or require clarification. The proposed changes are as follows: 1. Revise the R-l, R-1-FA, and R-2 fee for a 64-gallon cart rental from $1.60 to $1.35. 2. Add the word "waste" to the R-1, R-1-FA, and R-2 service description (95-gallon cart rental, waste). 3. Add the phrase. "limit 4 fires per load" to the R-1, R-1-FA, and R-2 service description for tire pickup. 4. Revise R-2 mixed paper service descriptions to specify a monthly charge based on weekly collection of a 64-gallon container and an on-call pickup fee for 2-yard bins. 5. Add an R-1 and R-2 service description to cover a 95 gallon cart rental fee of $1.60 for recycling and compost materials. This fee was inadvertently left off the rate schedules and inclusion of this lower fee restores an incentive to recycle. 6. Add an R-I, R-1-FA, and R-2 service description to cover a Surcharge Special of $52.50. This fee was inadvertently left off the rate schedules. RESOURCE IMPACT The proposed change in late payment charges is expected to have an insignificant impact on utility revenues. The proposed revisions to refuse rates will not have a fiscal impact on the Refuse Fund. However, if no Council action is taken, additional refuse revenue of approximately $36,800 in FY 1999-00 could arise from the higher than budgeted fee for the 64 gall.on cart rental and depending on service level changes, supplemental disposal costs of approximately $50,000 for FY 1999-00 could result. POLICY IMPLICATIONS The recommended action is consistent with City Council direction. The proposed refuse rate revisions are consistent with prior Council actions related to compensation for service provided by PASCO (CMR:337:99). CMR:211:99 Page 2 of 3 TIMELINE The proposed revisions to Utility Rule and Regulation Number schedules would be effective November 22, 1999. 11 and the refuse rate ENVIRONMENTAL REVIEW This is not a project under the California Environmental Quality Act (CEQA). ATTACHMENTS Resolution Utility Rate Schedules R-1, R-1-FA, and R-2 Utility Rule and Regulation Number 11 PREPARED BY:Randy Baldschun, Assistant Director, Administrative Services Michael Jackson, Deputy Director, Public Works Operations DEPARTMENT HEAD:/~, ~ GLENN ROBERTS Director of Public Works DEPARTMENT HEAD: of Utilities CITY MANAGER APPROVAL:~-~~ .~t~ ~ EMILY~g-0-N- Assistant City Manager CMR:211:99 Page 3 of 3 RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING UTILITY RATE SCHEDULES R-I, R-I-FA AND R-2 PERTAINING TO REFUSE COLLECTION AND APPROVING AND ADOPTING RULE AND REGULATION ii GOVERNING BILLING, ADJUSTMENTS, AND PAYMENT OF BILLS The Council of the City of Palo Alto does hereby RESOLVE as follows: SECTION i. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Schedules R-I, R-I-FA and R-2 (Refuse Collection) of the Palo Alto Utilities Rate and Charges are hereby amended to read in accordance with Sheets R-I-I, R-I-2, R-I-FA-I, R-I-FA-2, R-2-1 and R-2-2, respectively, attached hereto and incorporated herein by reference. SECTION 2. The Council finds that the revenue derived from the authorized adjustments of the several refuse collection rates shall be used only for the purposes set forth in Article VII, Section 2, of the Charter of the City of Palo Alto. SECTION 3. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Rule and Regulation ii (Billing, Adjustments and Payment of Bills) of the Utility Rules and Regulations is hereby amended to read in accordance with the sheets captioned "Billing, Adjustments, and Payment of Bills" and "Rule and Regulation ii," Sheet Nos. ! through 13, inclusive, attached hereto and incorporated herein by this reference. SECTION 4. The rate schedules adopted by Section 1 and the Rule and Regulation adopted by Section 3 shall become effective on November 22, 1999. // // // // // // // 990804 sdl 0032283 SECTION 5. The Council finds that the adoption of this resolution does not constitute a project under the California Environmental Quality Act. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST:APPROVED: City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney Mayor City Manager Director of Utilities Director of Administrative Services 990804 sdl 0032283 Bo CJ DOMESTIC REFUSE COLLECTION UTILITY RATE SCHEDULE R-1 APPLICABILITY: This schedule applies to each occupied* domestic dwelling as required by City ordinance. TERRITORY: Within the incorporated limits of the City of Palo Alto and on land owned or leased by the City located in Service Area 1. RATES: Separate single-family domestic dwelling and apartment dwellings. STANDARD MINIMUM CHARGE ...............................................................................$18.00 The standard minimum charge is applied when a customer signs up for refuse service and is based upon the collection of refuse from one 32-gallon container. Per Month Collections Per Week Number of Cans One Mini-can**$14.20 1 18.00 2 37.05 3 56.15 4 75.20 5 94.30 6 113.35 Two Three 75.20 113.35 113.35 CITY OF PALO ALTO UTILITIES Issued by the City Council Supersedes Sheet No. R-1-1 dated 9-1-99 CITY OF PALO ALTOI ITII ITI ~.q Effective 11-22-99 Sheet No. R-l-1 DOMESTIC REFUSE COLLECTION UTILITY RATE SCHEDULE R-l(Continued) D.SPECIAL CHARGES/COLLECTION: 1. Urgent special-refuse ~ick up on non-standard collection day) .......: ..............i $36.80 2. Remm trip (same day, recycling or refuse) ....¯ ............ ................¯ ........................16.35 3. Extra can (curbside) ................ ................................................................................6.50 4. Extra can (backyard) ................................., ................................:.; ......................;.. 8.50 5. Hand pick up ............................................: .......................................................... 38.35 6.64 gallon cart rental .....................................: .........................................................1.35 7.95 gallon cart rental (waste) ..................: ...............................................................3.15 8. Cart wash ......................................... ....................................¯ ...............................15.00 9. Bin lock installation ........................................., ......................................, ...........97.00 10. Key service per pick-up .........................................................................................2.30 11. Lock (PASCO provided) ...................................................................................,16.50 12. Install auto lock ............................:~.. .................................................................129.35 13.’ Counter balance lid (3&4 yd) ............: .............- ....................................................58.00 14. Counter balance lid (5&6 yd) ..............................................................................67.50 15.Temporary bin-delivery (1). ..............................................................~ ..................~ 54.60 16. Temporary bin-delivery (2) ........................................~.: ......................................75.00 17. Temporary bin-delivery (3) .................................................................................95.50 18. Temporary bin-delivery (4) ................................................................................150-00 19. Temporary bin-weekly fee ..................................................................................16.50 20. Stove/washer/dryer/water heater pickup .............................................................25.00 21. Freezer/refrigerator/air conditioner pickup .........................................................30.00 22. Furniture pickup ...................................................." .............................................: 20.00 23. Mattress pickup "¯10.00 24. Tire pickup (Limit4 tires per load) .... ....................................................................5.00 25. Cart clean Out (by hand) ...................: ...................................................................10.00 26. Cart contamination (entire cart dumped) ..................................................... ........20.00 27. Repair rate .............................................................................................................1.50/rain + material 28. Miscellaneous 1 person service rate ........ ..........................................., ....................2.10/min ~ 29~ Miscellaneous 2 person service rate ............................................- ..........................2.70/rain 30. 95 gallon cart rental (recycling/compost)~ .............................................................1.60 31. Sur-charge special ..............................................................................: .....: ..........52.50 SPECIAL NOTES: **An occupied dwelling unit is defined as any home, apartment unit, cottage, flat, duplex unit, having kitchen, bath, and sleeping facilities, and to which gas or electric service is being rendered. Mini can-service cannot be combined with any other can service. CITY OF PALO ALTO UTILITIES Issued by the City Council Supersedes Sheet No.R-l-2 dated 9-1-99 Effective 11-22-99 Original Sheet No. R-l-2 REFUSE COLLECTION UTILITY RATE SCI~DULE R-1-FA APPLICABILITY: This schedule applies to all refuse collection service. TERRITORY: Within the .incorporated limits of the City of Palo Alto and on land owned or leased by the City located in Service Area 2. Co RATES: SERVICE AREA 2: Standard Minimum Charge, per month ...........: ................ i ......................................$18.00 The Standard Minimum Charge is applied when a customer signs up for refuse service and is based upon collection of refuse from on___~e 32-gallon eontainer.. Each additional 32-gallon, per month ............................................ ......................... $19.05 CITY OF PALO ALTO UTILITIES Issued by the. City Council Supersedes Sheet No.R-1.FA.’I dated 9~1-99 Effective 11~22-99 Sheet No. R-1-FA-1 REFUSE COLLECTION UTILITY RATE SCHEDULE R-1-FA (Continue_A) SPECIAL CHARGES/COLLECTION: 1. Urgent special-refuse (pick up on non-standard collection day) ........$36.80 2. Return trip (same day) ................................; .........................................16.35 3. Extra can (eurbside) ................................................................................6.50 4. Extra can (backyard) .................................................. ..............................8.50 5. Hand pick-up ..............: .........................................................................38.35 6.64 gallon cart rental ........................ .........................................................1.35 7.95 gallon cart rental (waste) ...................................................................3.15 8. Cart wash .......................: ...................................................... ................15.00 9. Bin lock installation .............................................................................97.00 10. Key service per pick:up .....................................................; ..................2.30 11. Lock (PASCO provided) ....................................................................16.50 12. Install auto lock ................................................................................129.35 13. Counter balance lid (3&4 yd) ...........................,, ............: .................58:00 14. Counter balance lid (5&6 yd) ........................................: ...............~ ....67.50 15. Temporary bin-delivery (1) ................................................................54.60 i 6. Temporary bin, delivery (2) ................................................................75.00 17. Temporary bin-delivery (3) ............................................................;... 95.50 18. Temporary bin-delivery (4) .....................: ........................................150.00 19. Additional fee for delivery to Service Area .......................................42.00 20. Temporary bin-weekly fee .................................................................16.50 21. Stove/washer/dryer collection/water heater pickup: ...........................25.00 22. Freezer/refrigerator/air conditioner pickup ... ......................................30.00 23. Furniture pickup ........................................" .........................................20.00 24~ Mattress pickup .............,.. ....................~ ..........................................:.. 10.00 25. Tire pickup (4 tires per load) ................................................................5.00 26. Cart clean out (by hand) .....................................................................10.00 27. Cart contamination (entire cart dumped) ............................................20:00 28.. Repair rate .......................................... ..................................................1.50/rain + material 29. Miscellaneous 1 person service rate .....~ ...............................................2.10/rain. 30. Miscellaneous 2 person service rate .....................................................2.70/rain 31. Sur-ctmrge special ....................i ........................................: ................52.50 SPECIAL CONDITIONS: t.The contractor does not provide weekly curbside collection for recyclables or compostable materials in Service Area 2. CITY OF PALO ALTO IYrILITIES Issued by the City Council Supersedes Sheet No.R-1.FA-2 dated 9.’1-99 ¯ Effective 11-22-99 Original Sheet No. R-1-FA-2 COMMERCIAL REFUSE COLLECTION UTILITY RATE SCHEDULE R-2 APPLICABILITY: This schedule applies to all occupied* establishments other than domestic dwellings as required by City ordinance. I~ERRITORY: Within the incorporated limits of the City of Palo Alto and on land owned or leased by the City !ocated in ServiceArea 1. Co RATES: Standard Minimum Charge ..........................................................................$18.00 The Standard Minimum~ Charge is applied when a customer signs up for refuse service and is based upon the collection of refuse from two 32-gallon containers. Per Month Collection Per Week Number of Cans One 1 $18.00 2 37.05 3 56.15 4 75.20 5 94.30 6 113.35 Two Three Five Six $37.05 $56.15 $75.20 $94.30 75.20 113.35 189.65 227.80 113.35 170.60 285.05 342.25 151.50 *An occupied establishment is defined as one to which gas or electric service is being rendered. CITY OF PALO ALTO UTILITIES Issued by the City Council Supersedes Sheet No. R-2-1 dated 9-1-99 Effective 11-22-99 Sheet No. R-2-1 COMMERCIAL REFUSE COLLECTION UTILITY RATE SCHEDULE R-2 (Continued) D;SPECIAL CHARGES/COLLECTION: 1. Urgent special-refuse (pick,up on non-standard collection day) .................$35.80 2. Urgent special-recyciing (pick-up on non-standard collection day) ..............52.50 3. Return trip (same day) .................~ .....~ ...........................................................25.00 4. Return trip (same day, for recycling) .................................................... ..........!6.35 5. Return trip (next day) ............................................................... .....................16.35 6. Compacted rate (per cubic yard/collection) ...................................................36.80 7~ Hand pick-up. ..........................~ .....................................................................38.35 8.64 gallon cart rental .........................................................................................1.35 9. 95 gallon cart rental (waste) .....;..., ..................................................................3.15 10. Bin wash .......................~ ................................................................................27.05 11. Compacter/drop box wash .............................................................................55.85 " 12. Cart wash ....................................................................’ ..................................15.00 13.Bin lock installation ....................................................................: ..................97.00 14. Cart lock installation (for recycling) ....................................... .......................25.00 15. Key service per pick-up ............. ......: .........., .........................................." ..........2.30 16. Lock (PASCO provided) .................................................................. .............16.50 17. Install auto lock ~ ..........................................................................................129.35 18. Counter balancelid (3&4 yd) ........................................................................58.00 19. Counter balance lid (5&6 yd) ...................................................: ....................67.50 20. Mixed paper on-call carts (recycling) ....., ...." ......................, ..........t ..................1.15 21. Mixed paper, weekly collection, 64 gallon, monthly charge ...........................5.00 22. Mixed paper, on-call pick-up, each pick-up, 2yd ...., .......................................6.50 . 23. Temporary bin-delivery (1) ...........................................................................54.60 24. Temporary bin-delivery (2) ............~ ..............................~ ............~ ...................75.00 25. Temporary bin-d.elivery (3) ................................ .............. .............................95.50 26. Temporary bin-delivery (4) .........................................................................150.00 27. Temporary bin-weekly fee .......................................................~ .....................16.50 28. Stove/washer/dryer/heater pick-up ...........................................................- .....25.00 ¯ 29. Freezer/refrigerator/air conditioner pick-up ........~ .......................: ..................30.00 30. Furniture pick-up ............................~ ...................... ..........................................20.00 31. Mattress pick-up ...........................................................¯ ................................10.00 3L Tire pick-up (Limit 4tires per load) ...........................................................: ....5.00 33. Cart clean out (by hand) ................................................................................10.00 ¯ 34. Cart contamination (entire cart dumped) .............................................: .........20.00 35. Repair rate ................ ................:: ...................~ ..................................................1.50/rain +material 36. Miscellaneous I person service rate ................................~ ...............................2.10/rain 37. 95 gallon’cart rental (recycling/compost). ................................................:. .....1.60 38. Sur-eharge special ................................................................................., ........52.50 iZITY OF PALO ALTO UTILITI ~’~S Issued by the City Council Supersedes Sheet No. R-2-2 dated 9-1-99 Effective 11-22-99 Sheet No. R-2-2 BILLING,ADJUSTMENTS, AND PAYMENT OF BILL~~ RULE AND REGULATION 11 PREPARATION AND PRORATION OF BILLS: Bills for utility services will be prepared on a monthly basis in accordance with the rate schedule or CPAU contract applicable to the premises served, as determined by CPAU. The monthly service charge for metered water (and related wastewater)~ gas, and/or electric service, as well as flat-rate charges for refuse, storm drain, wastewater, and other non-metered services will be prorated if the number of actual service days is less than 25 or greater than 35. Proration will be based on the number of days in the service period to the number of days in an average month namely, 30.0. Proration for all water, gas, and electric rate schedules that contain rate steps (consumption blocks) will occur when the actual days of service differ from the standard 30-day billing period. Proration is intended to produce a uniform average unit cost for the commodity regardless of the number of days in the service period. Electric demand (kW) and electric power factor rates will not be prorated. In the event that water, gas (therm factor), electric, refuse, wastewater and/or storm drain rates change during the service period, charges will be prorated on the basis of the number of days covered by the previous rate schedule to the number of days covered by the new rate schedule. Mid-period proration will not occur on rate schedules that contain cormection fees, deposits, and other miscellaneous fees. BILLING UNITS: 1.All metered billing units used for billing purposes shall be determined to the nearest whole unit. Such units may include, kW, kWh, kVa, kVar, hp, the.rms, and/or ccf. C.PAYMENT OF BILLS: CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 11-22-99 CITY OF PALO ALTO UTILITIES Sheet No. - 1 BILLING, ADJUSTMENTS, AND PAYMENT OF BILLS RULE AND REGULATION 11 CPAU issues bills to its customers on a monthly basis. Bills shall be deemed received upon personal delivery to Customer or three days fdllowing the deposit of the bill in the United States Mail to the Customer’s last known address. Bills for CPAU services are due and payable 20 days following issuance of the bill statement. Bills unpaid after the 20-day period are considered delinquent. If a Customer’s payment is not received by CPAU before the next bill statement is issued, the outstanding balance will be assessed a late payment charge in accordance with this rule. For the convenience of CPAU Customers there are a number of ways to pay CPAU bills: By enclosing the bill stub and check and mailing to:. CPAU, P.O. Box 10097, Palo Alto, CA 94303-0897. By paying in person at the Civic Center, Revenue Collections, 1st Floor, 250 Hamilton Avenue, Palo Alto between the hours of 8:00 a.m. and 4:30 p.m.. Visa and Master cardpayments can be processed at Revenue Collections. By dropping the payment in the Night Depository Box either in the from of the Civic Center Plaza or at the drive-up Night Depository Box in the Civic Center Garage, A level. By banking at a financial institution or subscribing to a service company that provides automatic payments by telephone transfer between the Customer and the bank. This involves the Customer notifying (by touch-tone telephone) thebank or service company each month of the utilities bill amount, the amount is deducted from their bank account, and the bank issues a check to CPAU. D.LATE PAYMENT CHARGES: Any unpaid balance from a prior billing period is delinquent and assessed a late payment charge. Utilities .charges incurred in the current billing period are due and payable by the "Due Date" indicated on the front of the bill statement. Bills unpaid by the due date are considered delinquent and a late payment charge is added to the outstanding balance. Based on the particular merits of a given situation, late payment charges may be waived by CPAU. Examples of situations where a waiver is granted are generally those under which the Customer is faced with circumstances beyond his or her CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 11-22-99 CITY OF PALO ALTO UTIEITIES Sheet No. - 2 BILLING, ADJUSTMENTS, AND PAYMENT OF BII,LS RULE AND REGULATION 11 control. Two examples are: (A) The posting of payments received by CPAU is delayed or in error. 03) The Customer is withholding payment or partial payment pending resolution of an inquiry. In the event the Customer makes a payment of less than the total amount of bill rendered, which amount includes any previous balance owing, CPAU shall apply said payment first to the previous billing charges and the remainder, if any, to the current bill_ing charges unless otherwise agreed to by CPAU. In the event that a Customer participating in the ProjecLPLEDGE Program has a delinquent bill, late charges will not be applied. However, the Customer’s participation in ProjectPLEDGE will be discontinued after three consecutive months in which the Customer has not included their pledge amount in the bill. 5.The late payment charge will be computed as one percent on the balance forward. Subparagraphs D (1) and D (2) to the contrary notwithstanding, Customers whose CPAU bills include payments of principal and/or interest on loans from CPAU which are secured by deeds of trust on real property shall be charged a late payment charge when any current CPAU bill includes an unpaid installment on such loan from a prior bill, provided that twenty (20) days have elapsed since the day of the last billing. For closing bills, the elapsed time will be thirty (30) days. The late charge on such loan payment shall be six percent (6%) of the installment due or five dollars ($5), whichever is greater. No charge will be imposed more than once for a late payment for the same installment; provided, however, that the imposition of the late charge on any late payment will not eliminate or supersede late charges imposed on prior late payments. No late charge will be imposed on any installment which is paid or tendered in full on or before its due date, or within the ten (10) days after notice is given that the late charge will be imposed even though an earlier installment or installments, or any late charges thereon, may have been paid in full when due. For purposes of determining whether late charges may be imposed, any payment tendered by the Customer shall be applied by CPAU to the most recent installment due. Nothing in this Rule and Regulation shall be construed to alter in any way the duty of the Customer to pay any installment on a loan from CPAU when due or to alter the rights of CPAU to enforce the payment of such installments. Nothing in this subparagraph shall alter CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 11-22-99 CITY OF PALO ALTO UTILITIES Sheet No.-3 BILLING, ADJUSTMENTS, AND PAYMENT OF BILLS RULE AND REGULATION 11 the payment or collection of late charges assessed in accordance with subparagraphs (1) and (2) of this Rule and Regulation for CPAU bills or portions thereof which do not include payments on loans secured by real property. In the event a Customer’s payment of principal and interest is past due on an unsecured loan from CPAU, the applicable late payment charge may be established in the contract with the customer. RETURNED CHECK CHARGE: 1.A service charge wilt be made and collected by the City of Palo Alto for each check returned by a bank to CPAU for the reason of insufficient funds in accordance with Rate Schedule C-1. F.DISPUTED BILLS: 1.CORRECTNESS OF BILL If the correctness of a bill is questioned or disputed by the Customer, an explanation should be requested from a Utilities Customer Service Representative within five (5) days of receiving the utility bill. If the bill is determined to be incorrect, a corrected bill will be issued to the Customer. 2.BILL REVIEW PROCEDURE A Customer who has initiated a complaint or requested an investigation within five (5) days of receiving the utility bill shall be given an opportunity to review the complaint with the Supervisor, Customer Service Center. The review shall include consideration of whether the Customer should be permitted to amortize the unpaid balance of their account over a reasonable period of time. After reviewing the disputed bill, the Supervisor, Customer Service Center will: (1) Authorize any necessary adjustments; or (2) Advise the Customer that the bill is correct as presented; and (3) Determine if an amortization period is warranted. CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 11-22-99 CITY OF PALO ALTO UTILITIES Sheet No.-4 ~ BILLING, ADJUSTMENTS,AND PAYMENT OF BILLS RULE AND REGULATION (c) (D) If an amortization period is warranted and agreed to by the Customer, service will not be discontinued for nonpayment provided the Customer complies wifla the amortization agreement, and provided the current bill is paid within 20 days of the date issued. If the Customer fails to comply with the amortization agreement, service shall be subject to discontinuance for nonpayment of bills as provided in Rule 14. Failure of the Customer to notify CPAU of a billing error or to request an explanation of charges within 20 days of the date of the bill will constitute acceptance by the Customer of the bill as rendered. PAYMENT OF BILLS IN DISPUTE If a Customer disputes a specific utility charge on a utilities bill covering multiple utilities, the bill amount for utility services which are not in dispute shall be due and payable by .the date due on the bill statement. The Customer is not obligated to pay the utility charge in dispute while CPAU is investigating the disputed charges. Upon completion of the investigation, CPAU will notify the Customer if and when a payment is required. Go BILLING ADJUSTMENTS: Under certain circumstances, CPAU will adjust a Customer’s bill to correct for billing error or for reasons of equity and fairness. Such adjustments are generally of a one-time nature. Billing error is the incorrect billing of an account due to an error by CPAU or the Customer, which results in incorrect charges to the Customer. Some billing errors also arise if the Customer provides incorrect information to CPAU. Billing adjustments applied to Customer charges for reasons of equity and fairness include water or gas leak credits, smoothing, and in cases where excessive consumption of water, gas, and/or electricity occurred and where Customers rented debris boxes as a result of the Customer’s reasonable efforts to mitigate or remedy property damage or CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 11-22-99 CITY OF PALO AL’~O UTILITIES Sheet No. - 5 BILLING, ADJUSTMENTS, AND PAYMENT OF BILLS RULE AND REGULATION 11 loss caused by an event of force majeure. Billing errors include, but are not limited to, incorrect meter reads or meter read estimates, clerical errors, wrong therm factors, wrong meter multiplier, incorrect voltage discount, meter installation, crossed meters, undercharges due to meter tampering, an inapplicable rate, an oversight in the process of entering the appropriate meter information into the computer-system for billing, or field errors such as installing the meier or regulator incorrectly. 1.SMOOTHING ADJUSTMENT A smoothing adjustment averages the usage of a customer over two billing periods. The Supervisor, Customer Service Center or a designated representative shall determine if a smoothing adjustment is indicated. 03)A smoothing adjustment may be appropriate if consumption between two billing cycles changes to an extraordinary high level and is caused by the following. (1) An estimated meter reading by CPAU; or (2) A longer or irregular billing cycle. 2.METER ERRORS AND OTHER BILLING ADJUSTMENTS When, as a result of a test, a meter is found to be more than two percent (2%) fast, CPAU will refund the Customer the overcharge based upon the corrected meter readings for the period the meter was in use. 03)When, as a result of a test, a meter in residential use is found not to register, or to register more than ten percent (10%) slow, CPAU may bill the Customer for the undercharge based on an average bill. The bill will be computed upon an estimate of cousumption based upon the Customer’s prior use. (c)When, as a result of a test, a meter in other than residential use is found not to register, or to register more than two percent (2%) slow, CPAU may bill the Customer for the undercharge base on an average bill. The bill CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 11-22-99 CITY OF PALO ALTO UTILITIES Sheet No.-6 BILLING, ADJUSTMENTS,AND PAYMENT OF BILLS~ RULE AND REGULATION 11 will be computed upon an estimate of consumption based upon the Customer’s prior use during the same season of the year. APPLICABLE ADJUSTMENT PERIOD FOR METER ERRORS, RETROACTIVE BILLING, AND REFUNDS When it is found that a meter is recording in error or an error in billing has occurred, the dareand cause of which can be reliably established, the retroactive billing adjustment will apply as follows: Where the Customer has been undercharged, the period to be backbilled shall not exceed 6 months; Where the Customer has been overcharged the period to be refunded shall not exceed 12 months; Where there is evidence that theft of energy or water has occurred, CPAU shall retroactively bill and collect any underpayment or nonpayment of charges. The applicable period to assess charges shall commence from the date it can be reasonably established the theft began to the date in which the underpayment was discovered and initially established. The applicable period shall not exceed 4 years. WATER OR GAS LEAK CREDITS: Billing adjustments may be made for water or gas lost as a result of leakage in a line on the Customer premises beyond the CPAU meter. Leaking faucets, toilets, hoses, or sprinklers do not qualify for a billing credit unless a determination has been made by CPAU that the Customer had no control of such device(s) leaking. Under no circumstances will a billing credit be provided a Customer when the facts indicate that a Customer had knowledge of a water or gas leak, but failed to take corrective measures in a timely manner. It is the Customer’s responsibility to maintain their lines and equipment in a reasonable condition such that leaks do not occur. (A) Generally, a leakage credit will be granted for a one month billing cycle. CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 11-22-99 CITY OF PALO ALTO UTILITIES Sheet No. - 7 BILLING, ADJUSTMENTS, AND PAYMENT OF BILLS RULE AND REGULATION 11 o3) (c) However, depending on the circumstances-, a two-month billing cycle may be granted by the Supervisor, Customer Service Center. Such circumstances include, but are not limited to, a leak occurring while a Customer is out of town for an extended period of time. Leak credits will not be provided beyond a two-month billing cycle. All Customer classes are eligible for the leak credit. To qualify for the water leak credit, evidence of having repaired the leak is required. Such evidence may consist of a plumber’s repair bill, materials receipt, or field verification by CPAU. Customers who are negligent or slow to react in repairing a leak do not qualify for a leak credit. To arrive at the corrected bill amount, which reflects the leak credit, CPAU will estimate what would have been the normal consumption and calculate a normal bill based on that consumption. Then, actual consumption in excess of the normal figure will be billed at CPAU’s current wholesale commodity cost plus ten percent. The sum of these two calculations represents a revised billing amount. The leak credit is the difference between the revised billing amount and the original bill. B~LING ADJUSTMENTS IN CONNECTION WITH FORCE MAJEURE EVENTS For purposes of this Rule and Regulation, the term "force majeure" means the occurrence of an event that .is beyond the reasonable control of the utility Customer and, which by reasonable efforts, the Customer could not prevent. Such events include, but are not limited to, an Act of God, an irresistible, superhuman cause, fire, flood, earthquake, or any other similar cause. O3)Water, Gas, and/or Electric (1)A water, gas; and/or electric billing adjustment in connection with a force majeure event shall be limited to charges for water, gas, and/or electricity consumption in excess of the historical average for the customer. The billing adjustment will be applied as a credit on the customer’s bill. The credit is for the amount of excess CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 11-22-99 CITY OF PALO=ALTO UTILITIES Sheet No. - 8 BILLING, ADJUSTMENTS, AND PAYMENT OF BILLS RULE AND REGULATION 11 usage and represents the difference between the amount charged for the applicable period and an amount calculated based on the customer’s average consumption for a similar period. This credit shall include a refund of any applicable utilities users tax that was based on the amount of excess usage. (2)The Director of Utilities shall determine the historical average consumption. Depending on the availability of data and other reasonable considerations, the basis for calculating such averages may be the same month(s) in a previous year, a recent 12 month average, a 6 month seasonal average for winter or summer, or other appropriate period(s) as determined by the Director of Utilities. (c)Debris (1) Boxes A billing adjustment or refund in connection with debris boxes shall be limited to Palo Alto Sanitation Company charges incurred or to be incurred out-of-pocket by the resident, owner, or business for removal of flood-damaged materials only. Refunds will not be applied to charges paid through insurance policies. The Palo Alto Sanitation Company will keep a record of those residences and businesses that request debris boxes during the applicable refund period. (D)To qualify for an adjustment under this section, the Customer may be required to provide documentation to verify damage to the residence or building, or contents thereof. In circumstances in which the City has previously verified such damage such as by a field visit or has made a determination from other information resources, documentation from the Customer may not be required. However, to qualify for a refund for debris box rentals, a signed statement by the Customer is required that attests that the debris box was used for flood-damaged materials only and that the Customer has not and will not be reimbursed by homeowners insurance or any other agency. BUDGET BILLING PAYMENT PLAN: CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 11-22-99 CITY OF PALO ALTO UTILITIES Sheet No. - 9 BILLING, ADJUSTMENTS, AND PAYMENT OF BILLS RULE AND REGULATION 11 A Budget Billing Payment Plan establishes equalized monthly payments and is available to all residential Customers who qualify as set forth below. Customers may join the Budget Billing Payment Plan at any time prior to July 1, the beginning of the annual budget payment cycle, providing however, the Customer account balance is zero, and the Customer has not been removed from the budget plan for non-payment within the previous six months. A Customer electing to utilize the plan shall agree to make monthly payments based on CPAU’s estimate of the Customer charges for the twelve-month period July 1 through the next June 30, reflecting anticipated rate changes. o CPAU does not guarantee that the total actual charges will not exceed or be less than its estimate. CPAU will review the account on a periodic basis and may revise its estimate in response" to changing rates or variations in the amount of service used. CPAU may require that Customers pay a revised monthly amount as a condition to continuing participation in the plan. 4.DISCONTINUANCE OF BUDGET BILLING: The Budget Billing Payment Plan shall remain in effect from year to year, subject to review of the monthly payment amount, and shall terminate when: (A) (C) (D) The custorrier notifies CPAU to terminate participation in theplan; CPAU notifies the customer of the termination of its budget payment plan: The Customer no longer takes service at the premises; or The Customer owes an amount of two or more monthly payments. However, if the customer eliminates the delinquency, removal from the plan will not occur. The Customer participates in Direct Access and buys from another Energy Service Provider. Upon termination of either CPAU service or participation in the budget payment plan, any amount owned by the Customer for actual charges shall immediately become due and any amount, due the Customer shall be refunded as soon as possible. CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 11-22-99 CITY OF PALO ALTO UTILITIES Sheet No. - 10 BILLING, ADJUSTMENTS, AND PAYMENT OF BILLS~ RULE AND REGULATION 11 RESALE PROHIBITED: Customer shall use services only for the purposes specified in the service agreement and applicable rate schedule(s). CPAU service shall not be resold except as provided in this rule. Premises that are receiving service in conflict with this Rule as of the effective date of this Rule may continue to receive service under such conditions if so authorized in writing by CPAU. Sub-metering shall be considered sufficient evidence that utilities are being resold, with the exception of provision I-4 below. Property owners may bill the cost of providing utilities to individual tenants separately from rent only with written consent of the Assistant Director of Utilities, Administrative Services. Charges for utilities may be allocated based upon metering, square footage, or another methodology determined to be reasonable by CPAU. Under no circumstances can the total costs of CPAU services allocated to tenants exceed the costs of CPAU services billed to the property owner by CPAU. A property owner using a billing procedure coming within the scope of this Rule must disclose all information used to determine a tenant’s utilities bill to the tenant or CPAU, or both, upon request. Property owners are responsible for resolving utility bill disputes with their tenants. Tenants may request and receive from CPAU a copy of previous bills for a period not to exceed 12 months, charged to the property owner who sub-meters. ACCOUNTING, BILLING, AND PAYMENT FOR GAS SERVICE PROVIDERS INFORMATION CHARGES CPAU shall charge, and the Gas Service Provider shall pay, for any non- confidential or non-proprietary information requested by the Gas Service Provider pertaining to the Eligible Customer which is in addition to information normally provided in accordance with CPAU’s procedures. CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 11-22-99 CITY OF PALO ALTO UTILITIES Sheet No.-11 BILLING, ADJUSTMENTS, AND PAYMENT OF BILLS RULE AND REGULATION 11 2.BILLING All billings between the Gas Service Provider and CPAU for services under a Gas Service Provider Agreement shah be performed by CPAU or the Pool Manager on a calendar month basis. (A)All billing statements shall reflect the period from 7:00 a.m. PST on the first Day of each calendar month until 7:00 a.m. PST hours on the first Day of the following calendar month; provided, however, the billing staiements for any partial first month and partial last month of service shall be prorated by the number of Gas Days of service during such month. 03)Bills sent to the Gas Service Provider shall be sent to the appropriate billing address specified in the Gas Service Provider Agreement. (c)Payments for amounts billed to the Gas Service Provider shall be due on the last Day of the month in which the billing statement is issued or the fifteenth (15th) Day after receipt of the billing statement, whichever is later. Payments for amounts owed by CPAU to the Gas Service Provider shall be applied as a credit to the Gas Service Provider’s bill within the time in which the Gas Service Provider is required to pay CPAU’s bills. If, as a result of the credit, the Gas Service Provider is owed money, CPAU shall make payment in accordance with this Rule. Payment shall be made at the offices designated in The Gas ServiceProvider Agreement, or by electronic funds transfer to accounts specified in The Gas Service Provider Agreement. (D)Amounts not paid on or before the due date shall be payable with interest accrued at the rate of one percent (1%) per month, or the maximum interest rate permitted by Law, whichever is less, prorated by Days from the due date to the date of payment. When payments are mailed to CPAU, the billing statements shall be deemed paid on the dates of receipt by CPAU. 03)If the Gas Service Provider disputes the accuracy of any portion of the billing statement, then the Gas Service Provider shall pay the undisputed portion within the time required herein. Upon a determination that any CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 11-22-99 CITY OF PALO ALTOUTILITIES Sheet No. - 12 BILLING, ADJUSTMENTS, AND PAYMENT OF BILLS~ RULE AND REGULATION 11 disputed amount should be paid by the Gas Service Provider, the Gas Service Provider shall pay such amount, plus accrued interest, at the rate established in this Rule. (F)CPAU shall adjust a billing statement as deemed reasonably necessary by the Utilities Director for any billing statement error that is established. All adjustments or billing statement errors shall be resolved promptly as practicable, and, upon resolution, shall be included in the billing statement for the next regular Billing Period. 3.RECORDS CPAU and the Gas Service Provider shall keep accounting records and books for two (2) years in accordance with generally accepted accounting principles and practices in the industry. CPAU and the Gas Service Provider shall have the fight to examine those books and the accounting records of the other during that two- year (2-year) period. Any examination will be at the examining Party’s expense, must be conducted at a reasonable time, and must be confined to the extent necessary to verify the accuracy of any statement, charge, or computation or any demand made under or as a result of transporting Customer-owned Gas. (END) CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 11-22-99 CITY OF PALO ALTO UTILITIES Sheet No. - 13