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HomeMy WebLinkAboutAgenda Report - September 5, 2007 I-01 PHAOENDA ITEM Tov I CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Conduct a Public Hearing to consider the Introduction of an ordinance amending Chapter 13.20, "Electrical Service," Section 1330.210 Schedule EM (Mobile Home Park Service) to become effective November 1,2007 (EUD) MEETING DATE: September5,2007 PREPARED B Y Electric Utility Director RECOMMENDED ACTION: Conducta Public Hearingto considerthe *&odudon of an ordinance amending Chapter 13.20, "Electrical Service," Section 13.20.210 Schedule EM (Mobile Home Park Service) to become effective November 1,2007 BACKGROUND INFORMATION: At its meeting of June 6, 2007, the City Council adopted Ordinance No. 1798 amending Chapter 13.20, "Electrical Service", by repealing and reenacting Section 13.20.210, Schedule EM, relating to mobile home park service rates. This rate became effective on July 6,2007. Following the June 6,2007 meeting, the mobile home park owners caxbw ed ,ssffto request clarification of scene of the cond+tiom in the raft schedule. Their items of concem included: Clarification that the monthly Meter Discount is to be based on a 365-1 ay year as opposed to a 30 -day month. • Clarification of the discounts allowed to fixed income, medical and SHARE customers. Ciarification that the tenants of the mobile home parks are to be billed using the same rate schedule (tiers) as that used to bill the park owner. The meter discount is now more clearly described as one twetfth Cf a discount amount based on a 365 - day year. Requited notification to the City of the number of occupied pads is now by the 51" day of each month; this should be simpler than the old requirement of "within 15 days". The discwnt programs are now A included in Special Conditions (d) (e) and (9of the rate schedule. No changes have been made to the discount programs, they are now more concise and all within Special Conditions. Special Condition (g) describes the applicable rate schedules for tenants and makes it clear that tenants are to be billed using all applicable tiers of the Schedule EM Rates based on their individual kWh usage. The proposed EM Schedule is attached. FISCAL IMPACT: None. APPROVED: Bung, City Manager Conduct a Public Hearing to consider the I ntroduclion of an ordinance amending Chapter 13.20, "Electrical Service." -qmcdcn 13.20.210 Schedule EM (Mobile Home Park Service) to become effective November 1.2007 (EUD) September 5, 2007 Page 2 of 2 FUNDING: Not Applicable. Electric L itt#y Director Prepared By: Sondra Huff, Senior Rate Analyst G FWSHAst Attachment CITY OF LODI ELECTRIC UTILITY DEPARTMENT SCHEDULE EM MOBILE HOME PARK SERVICE APPLICABILITY: This schedule is applicable to service supplied to mobile home parks through one meter and sub -metered to all individual mobile home units. RATES: MinimumCharge.................................................................................$5.00 Energy Charge is by Tier of kWh usage: $/kWh Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 (Baseline) (101-130% of 131-200% of (201-300% of (Over 300% of (201-300% of baseline) baseline) baseline baseline $0.1420 $0.1450 $0.2235 $0.3180 $0.3300 Summer (Mav throuah October) Enerav Tiers Winter (November throuah Anrill Enerav Tiers Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 (Baseline) (101-130% of 131-200% of (201-300% of (Over 300% of baseline) baseline) baseline baseline Beginning Tier 0 482 626 963 >1,443 kWh/month Ending Tier 481 625 962 1,443 kWh/month Winter (November throuah Anrill Enerav Tiers MASTER METER / SUB -METER DISCOUNT: For each occupied mobile home park unit, the park owner will receive a discount in the same amount as allowed to PG&E by the California Public Utilities Commission for the nearest geographic area, expressed as one twelfth of a discount amount based on a 365 day year. Effective November 1, 2007 Ordinance No. 1798 EM -1/3 Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 (Baseline) (101-130% of 131-200% of (201-300% of (Over 300% of baseline) baseline) baseline baseline Beginning Tier 0 392 509 783 >1,173 kWh/month Ending Tier 391 508 782 1,173 kWh/month MASTER METER / SUB -METER DISCOUNT: For each occupied mobile home park unit, the park owner will receive a discount in the same amount as allowed to PG&E by the California Public Utilities Commission for the nearest geographic area, expressed as one twelfth of a discount amount based on a 365 day year. Effective November 1, 2007 Ordinance No. 1798 EM -1/3 ENERGY COST AJUSTMENT (ECA): An energy cost adjustment shall be included in each bill for service as provided in Section 13.20.175 Schedule ECA — Energy Cost Adjustment. BILLING CYCLE CHARGE (MONTHLY BILL): The Billing Cycle Charge is the higher of the Minimum Charge or the sum of the Energy Charge, the Discount and the ECA. SPECIAL CONDITIONS: (a) This rate is available only for mobile home park master metering in service prior to March 31, 1989. (b) It is the responsibility of the master -metered customer to notify the City Finance Department by the 5t" day of each month of any change in the number of occupied mobile home park units wired for service on the first day of that month. (c) Miscellaneous electric loads such as general lighting, laundry rooms, general maintenance, and other similar use incidental to the operation of the premises as a multi -family accommodation will be considered domestic use. (d) For the master -metered Customer to qualify for Single Household Alternative Rate for Energy (SHARE) and/or the Residential Medical Discount, the qualified sub -metered tenants of the master -metered Customer must submit the applicable application(s), including the tenant's unit number, to the City of Lodi Finance Department. The City of Lodi Finance Department will notify the master -metered Customer in writing of the tenant's certification for these programs. (e) For tenants who are on fixed incomes below $45,000 annually and who are over 62 years of age, and do not qualify for any other discount, a discount of 5% of the qualifying tenant's electric bill (Fixed Income Discount) shall be provided to the master -metered Customer. Procedures as to qualification will be established by the Electric Utility Department. (f) The master -metered customer, not the City of Lodi, is responsible for extending the SHARE, Residential Medical Discount, and Fixed Income Discount to tenants certified to receive them. If verification establishes that the SHARE, Residential Medical Discount, or Fixed Income Discount tenant is ineligible, the tenant will be removed from the master -metered Customer's qualified tenants and the City of Lodi may render corrective billings. (g) The master -metered Customer shall not bill any sub -metered tenant more than that tenant would be billed if that tenant were an individual customer of the City of Lodi. For a qualifying SHARE tenant, the master -metered Customer shall bill the qualifying tenant at the applicable rates equivalent to Schedule ED, Residential SHARE Program Service. For a tenant qualifying for a Residential Medical Discount, the master -metered Customer shall the bill the qualifying tenant in accordance with the provisions of Schedule MR, Residential Medical Discount. For tenants qualifying for a Fixed Income Discount, the master -metered Customer shall bill the qualifying tenant in accordance with the provisions of paragraph (e) herein. A tenant not qualified for any of the above discounts shall be billed using the same rate schedule that the City bills the park owner (e.g., in accordance with the section titled "Rates" herein), excepting the Master Meter / Sub -Meter Discount shall not be provided to tenants. (h) The master-meter/sub-meter rate discount provided herein prohibits further recovery by mobile home park owners for the costs of owning, operating and maintaining their electric sub -metered system. Effective November 1, 2007 Ordinance No. 1798 EM — 2/3 SCHEDULE EM MOBILE HOME PARK SERVICE (i) Upon request, mobile home park owners must submit copies of their tenant billings to the City of Lodi for auditing to ensure compliance with this rate tariff, provided however that such requests shall not be made more often than semi-annually. Effective November 1, 2007 Ordinance No. 1798 EM — 3/3 ORDINANCE NO. AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING CHAPTER 13.20, "ELECTRICAL SERVICE," BY REPEALING AND REENACTING SECTION 13.20.210, SCHEDULE EM, RELATING TO MOBILE HOME PARK SERVICE RATES BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. Lodi Municipal Code Section 13.20.210 is hereby repealed and reenacted to read as follows: APPLICABILITY: This schedule is applicable to service supplied to mobile home parks through one meter and sub -metered to all individual mobile home units. RATES: MinimumCharge....................................................................................$5.00 Energy Char a is by Tier of kWh usage: $/kWh Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 (Baseline) (101-130% 131-200% of (201-300% (Over 300% (201-300% of baseline) baseline) of baseline of baseline $0.1420 $0.1450 $0.2235 $0.3180 $0.3300 Summer (Mav through October) Enerav Tiers Winter (November throuah At)ril) Enerav Tiers Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 (Baseline) (101-130% 131-200% of (201-300% (Over 300% of baseline) baseline) of baseline of baseline Beginning Tier 0 482 626 963 >1,443 kWh/month Ending Tier 481 625 962 1,443 kWh/month Winter (November throuah At)ril) Enerav Tiers MASTER METER / SUB -METER DISCOUNT: For each occupied mobile home park unit, the park owner will receive a discount in the same amount as allowed to PG&E by the California Public Utilities Commission for the nearest geographic area, expressed as one twelfth of a discount amount based on a 365 day year. ENERGY COST AJUSTMENT (ECA): Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 (Baseline) (101-130% 131-200% of (201-300% (Over 300% of baseline) baseline) of baseline of baseline Beginning Tier 0 392 509 783 >1,173 kWh/month Ending Tier 391 508 782 1,173 kWh/month MASTER METER / SUB -METER DISCOUNT: For each occupied mobile home park unit, the park owner will receive a discount in the same amount as allowed to PG&E by the California Public Utilities Commission for the nearest geographic area, expressed as one twelfth of a discount amount based on a 365 day year. ENERGY COST AJUSTMENT (ECA): An energy cost adjustment shall be included in each bill for service as provided in Section 13.20.175 Schedule ECA — Energy Cost Adjustment. BILLING CYCLE CHARGE (MONTHLY BILL The Billing Cycle Charge is the higher of the Minimum Charge or the sum of the Energy Charge, the Discount and the ECA. SPECIAL CONDITIONS: (a) This rate is available only for mobile home park master metering in service prior to March 31, 1989. (b) It is the responsibility of the master -metered customer to notify the City Finance Department by the 5t day of each month of any change in the number of occupied mobile home park units wired for service on the first day of that month. (c) Miscellaneous electric loads such as general lighting, laundry rooms, general maintenance, and other similar use incidental to the operation of the premises as a multi -family accommodation will be considered domestic use. (d) For the master -metered Customer to qualify for Single Household Alternative Rate for Energy (SHARE) and/or the Residential Medical Discount, the qualified sub - metered tenants of the master -metered Customer must submit the applicable application(s), including the tenant's unit number, to the City of Lodi Finance Department. The City of Lodi Finance Department will notify the master -metered Customer in writing of the tenant's certification for these programs. (e) For tenants who are on fixed incomes below $45,000 annually and who are over 62 years of age, and do not qualify for any other discount, a discount of 5% of the qualifying tenant's electric bill (Fixed Income Discount) shall be provided to the master -metered Customer. Procedures as to qualification will be established by the Electric Utility Department. (f) The master -metered customer, not the City of Lodi, is responsible for extending the SHARE, Residential Medical Discount, and Fixed Income Discount to tenants certified to receive them. If verification establishes that the SHARE, Residential Medical Discount, or Fixed Income Discount tenant is ineligible, the tenant will be removed from the master -metered Customer's qualified tenants and the City of Lodi may render corrective billings. (g) The master -metered Customer shall not bill any sub -metered tenant more than that tenant would be billed if that tenant were an individual customer of the City of Lodi. For a qualifying SHARE tenant, the master -metered Customer shall bill the qualifying tenant at the applicable rates equivalent to Schedule ED, Residential SHARE Program Service. For a tenant qualifying for a Residential Medical Discount, the master -metered Customer shall the bill the qualifying tenant in accordance with the provisions of Schedule MR, Residential Medical Discount. For tenants qualifying for a Fixed Income Discount, the master -metered Customer shall bill the qualifying tenant in accordance with the provisions of paragraph (e) herein. A tenant not qualified for any of the above discounts shall be billed using the same rate schedule that the City bills the park owner (e.g., in accordance with the section titled "Rates" herein), excepting the Master Meter / Sub -Meter Discount shall not be provided to tenants. 2 (h) The master-meter/sub-meter rate discount provided herein prohibits further recovery by mobile home park owners for the costs of owning, operating and maintaining their electric sub -metered system. (i) Upon request, mobile home park owners must submit copies of their tenant billings to the City of Lodi for auditing to ensure compliance with this rate tariff, provided however that such requests shall not be made more often than semi-annually. SECTION 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 5. This ordinance shall be published pursuant to law and shall become effective 30 days from the date of passage and adoption. SECTION 6. This amended Schedule referenced above shall be effective on applicable electric utility billings prepared by the City of Lodi on or after November 1, 2007, or the first date allowable under State law. Approved this , 2007 BOBJOHNSON MAYOR ATTEST: RAND JOHL City Clerk State of California County of San Joaquin, ss. I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance No. was introduced at a regular meeting of the City Council of the City of Lodi held September 5, 2007, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , 2007, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved to Form: D. STEPHEN SCHWABAUER City Attorney T RAND JOHL City Clerk aui . fi . itp u 333- n ._. ��� / J 4:c t CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: PUBLIC HEARING TO CONSIDER ORDINANCE AMENDING §13.20.210, SCHEDULE EM (MOBILE HOME PARK SERVICE), TO BECOME EFFECTIVE NOVEMBER 1,2007 PUBLISH DATE: SATURDAY, AUGUST 18,2007 TEAR SHEETS WANTED: Three (3) please SEND AFFIDAVIT AND BILL TO: RANDI JOHL, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, AUGUST 16,2007 ORDERED BY: S JgONIFER M ERRIN, CMC DEPUTY CIT CLERK forms\advins.doc RANDI JOHL CITY CLERK DANA R. CHAPMAN ADMINISTRATIVE CLERK DECLARATION OF POSTING PUBLIC HEARING NOTICE TO CONSIDER ORDINANCE AMENDING §13.20.210, SCHEDULE EM (MOBILE HOME PARK SERVICE), TO BECOME EFFECTIVE NOVEMBER 1,2007 On Friday, August 17, 2007, in the City of Lodi, San Joaquin County, California, a Public Hearing Notice to consider ordinance amending §13.20.210, Schedule EM (Mobile Home Park Service), to become effective November 1, 2007 (attached and marked as Exhibit A), was posted at the following locations: Lodi Public Library Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum I declare under penalty of perjury that the foregoing is true and correct. Executed on August 17, 2007, at Lodi, California. NIFER . PERRIN, CMC DEPUTY Cl CLERK N:1Administration\CLERWorms\DECPOSTEUD.DOC ORDERED BY: RANDI JOHL QTY CLERK DANA R. CHAPMAN ADMINISTRATIVE CLERK •. CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: September 5, 2007 Time: 7:00 p.m. NOTICE OF PUBLIC HEARING NOTICE S HEREBY GIVEN that on Wednesday, September 5, 2007, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following matter: a) Introduction of an ordinance amending Chapter 13.20, "Electrical Service," by amending §13.20.210, Schedule EM (Mobile Home Park Service), to become effective November 1, 2007 Information regarding this item may be obtained in the Electric Utility Department, 1331 South Ham Lane, Lodi, (209) 333-6762. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk, City Hall, 221 West Pine Street, 2nd Floor, Lodi, 95240, at anytime prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the close of the public hearing. B der of the Lodi City Council: ($a�ndii �Johl City Clerk Dated: August 15, 2007 D. Stephen Schwabauer City Attorney CLERK\PUBHEARNNOTICE51Noteud.doa 8116/07