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HomeMy WebLinkAboutAgenda Report - September 19, 2007 L-01AGENDA ITEM L-01 CITY OF LODI COUNCIL COMMUNICATION TM AGENDATITLE: Ordinance No. 1801 Entitled, "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" MEETING DATE: September 19, 2007 PREPARED BY: City Clerk RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1801. BACKGROUND INFORMATION: Ordinance No. 1801 entitled, "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," was introduced at the regular City Council meeting of September 5, 2007. ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of its introduction. Two readings are therefore required — one to introduce and a second to adopt the ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting; except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances must be read in full either at the time of introduction or at the time of passage, unless a regular motion waiving further reading is adopted by a majority of all council persons present. Cal. Gov't Code§ 36934. Ordinances take effect 30 days after their final passage. Cal. Gov't Code § 36937. This ordinance has been approved as to form by the City Attorney. FISCAL IMPACT: FUNDING AVAILABLE: RJ/Imp Attachment None. None required. di Johl City Clerk APPROVED: BIS, City Manager council/councom/Ordinances .doc $/kW h 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 discountamount based on a 365 day year. Tier 1 Tier 3 Tier 3 Tier 4 (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 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 discountamount based on a 365 day year. Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 (Baseline) (101-130% 131-200% (201-300% (Over 300% of baseline) cf baseline of baseline of baseline Beginning 0 482 626 963 >11,443 Tier kWh/month Ending Tier 481 625 962 1,443 kWh/month 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 discountamount based on a 365 day year. Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 (Baseline) (101-130% 131-200% (201-300% (Over 300% of baseline) of baseline) of baseline of baseline Beginning 0 392 509 783 >1,173 Tier kW h/month Ending Tier 391 508 782 1,173 kWh/month 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 discountamount 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 onlyfor mobile home park master metering in service priorto March 31, 1989. (b) It is the responsibilit of the master -metered customer to notify the City Finance Department bythe 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 incidentalto the operation of the premisesas a multi-familyaccommodation will be considered domestic use. (d) Forthe master -metered Customerto qualifyfor Single HouseholdAlternative 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 Departmentwill notify the master -metered Customer in writing of the tenant's certification for these programs. (e) Fortenants who are on fixed incomes below $45,000 annually and who are over 62 years of age, and do not qualifyfor 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, notthe Cityof Lodi, is responsibleforextendingthe 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 Discounttenant 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 shalI notbill any sub -metered tenant morethanthat tenantwould be billed ifthattenantwere an individual customerofthe Cityof 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 cf Schedule MR, Residential Medical Discount. Fortenants qualifyingfor a Fixed Income Discount, the master -mete red 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 MasterMeter/ 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 mandatoryduty of care towards persons or propertywithin the City or outside of the City so as to providea basis of civil liabilityfor 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 itwould haveadopted this ordinance irrespectiveof the invalidityofany 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 pursuantto 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. ST: 0 NDI JOHL City Clerk 3 Approved this 19"',day of September, 2007 BOBJOHNSON MAYOR State of California County of San Joaquin, ss I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1801 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 September 19, 2007, by the following vote: AYES: COUNCIL MEMBERS— Hansen, Hitchcock, Katzakian, Mounce, and MayorJohnson NOES: COUNCIL MEMBERS— None ABSENT: COUNCIL MEMBERS— None ABSTAIN: COUNCIL MEMBERS— None I further certifythat Ordinance No. 1801 was approved and signed bythe Mayoron the date of its passage and the same has been published pursuant to law. PANDIJOHL City Clerk Approved to Form: 4