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HomeMy WebLinkAboutAgenda Report - October 21, 2009 E-15 PH� sow AGENDA ITEM ti' b A% CITY OF LODI COUNCIL COMMUNICATION im AGENDA TITLE: Set Public Hearing on November 18, 2009 to Introduce Ordinance Amending Chapter 13.20 "Electrical Service" Sections 225 and 227 Titled Schedule NEM -- Net Energy Metering and Schedule CEM -- Co -Energy Metering Rider (EUD) MEETING DATE: October 21,2009 PREPARED BY: Interim Electric Utility Director RECOMMENDED ACTION: Set a Public Hearing on November 18, 2009, to introduce an ordinance amending Chapter 13.20 "Electrical Service" sections 225 and 227 titled Schedule NEM --Net Energy Metering and Schedule CEM--Co-Energy Metering Rider to revise and extend credit for customer -generated energy and make clarifications. BACKGROUND INFORMATION: State of California Assembly Bill 58 (AB58) allows for municipally owned utilities to establish a "co -metering" rate for solar installations larger than 10 kW. Currently the co -metering rate provides a credit of one-half ('/2) of the applicable energy charges for all generated electricity provided to the City. The current ordinance also limits participationto residential and small commercial (G I and G2). Proposed revisionswould tie the co -metering creditto the full average cost of energy bought by the Electric Utility Department (EUD) and extend eligibility to all customer classes. AB 58 also providesfor netting of energy costs for solar installations up to 10 kW for small customers. The proposed revisions would clarify that for both net metering and co -metering installations, EUD would retain environmental and capacity attributes, such as renewable energy credits and local resource adequacy creditfor any installation covered by these riders. FISCAL IMPACT: The proposed revisions will have minorfiscal impact on EUD. Changes in revenue will be offset by reductions in power costs. EUD will recover its cost to provide service. (� h enneth A. Weisel Interim Electric Utility Director KAW/rAb/Ist Attachments APPROVED: -.1 Blair anager CITY OF LODI ELECTRIC UTILITY DEPARTMENT • • SCHEDULE NEM NET ENERGY METERING RIDER PURPOSE: The purpose of this rider is to establish rates, terms and conditions for providing net metering services to customers generating electricity using solar and wind facilities of 10kW or less in size. This rider complies with California State legislation requiring every electric utility in the state, including municipally owned utilities, to develop a standard contract or tariff providing for net energy metering, as defined below. APPLICABILTY: This schedule is applicable to service for customers where a part or all of the electrical requirements of the customer can be supplied from a solar or wind power production source owned and operated by the customer (customer -generated). Customer -generators must currently be served under Lodi's residential and small commercial (G1 and G2) rate schedules. Availability of this schedule to eligible customer -generators will be on a first- come, first-served basis and will be available until such time the total rated generating capacity used by eligible customer -generators equals two and one-half percent (2.5%) of the City of Lodi aggregate customer annual peak demand. The solar or wind generation source must: 1.) have a capacity of 10kW or less, 2.) be located on the customer -generator's premises, 3.) be connected for parallel operation with Lodi's distribution facilities, and 4.) be intended for the sole purpose of offsetting a part or all of the customer -generator's own electrical requirements. In no case shall the power or energy generated by the customer -owned solar or wind source be available for resale, except as specified under this rider. Additional terms and conditions for service, including terms of interconnection and parallel operation, are specified in a customer -specific Electrical Interconnection and Net Energy Metering Payment Agreement. RATES: Charges for electricity supplied by the City will be based on metered usage in accordance with Special Conditions (3) and (5) below. Rates charged under this schedule will be in accordance with the eligible customer -generator's otherwise applicable rate schedule. Public Benefit charges and monthly customer charges shall not be by -passable. Canceling Ordinance No. 1786 Effective NEM -1/3 Ordinance No. CITY OF LODI ELECTRIC UTILITY DEPARTMENT SCHEDULE NEM NET ENERGY METERING RIDER SPECIAL CONDITIONS: (1) Other Agreements: A signed Electrical Interconnection and Net Metering Payment Agreement between the customer -generator and the City is required for service under this schedule. (2) Metering Equipment: Net energy metering shall be accomplished using a single meter capable of registering the flow of electricity in two directions. If customer's existing electrical meter is not capable of measuring the flow of electricity in two directions, the customer -generator shall be responsible for all expenses involved in purchasing and installing a meter that is capable of measuring electricity in both directions. (3) Net Energy Metering and Billing: Net Energy is defined as measuring the difference between the electricity supplied by the City through the electric grid to the eligible customer -generator and electricity generated by an eligible customer -generator and fed back into the electric grid over a 12 -month period. In the event that the electricity supplied by the City during the 12 -month period exceeds the electricity generated by the eligible customer -generator during the same period, the eligible customer is a net electricity consumer and the City shall bill the customer for the net consumption during the 12 - month period based on the retail price per kilowatt-hour for eligible customer - generator's rate class over the same period. The City shall provide the customer -generator with net electricity consumption information on each regular bill. That information shall include the current amount owed to the City for the net electricity consumed. Customer -generator may exercise the option to pay monthly for the net energy consumed, but in any event shall be responsible for any payments due at the end of each 12 -month period. (4) Attributes: Any Capacity Attributes or Environmental Attributes associated with the renewable energy produced by the customer -generator at sites subject to this schedule shall belong to the City. Capacity Attributes include, but are not limited to, System Resource Adequacy Capacity and Local Resource Adequacy Capacity, if any. Environmental Attributes include, but are not limited to, Renewable Portfolio Standard recognition, Renewable Energy Credits, Greenhouse Gas Credits, and Energy Reduction Credits, if any. Canceling Ordinance No. 1786 Effective NEM -2/3 Ordinance No. CITY OF LODI ELECTRIC UTILITY DEPARTMENT SCHEDULE NEM NET ENERGY METERING RIDER (5) Excess Energy: Net energy metering will be administered on an annualized basis, beginning with the month of interconnection of the customer's generating system with the City's electrical system. Electric generation production may result in a dollar credit carrying forward to the next billing period. If a credit accumulation results in a net customer -owned generation credit at the end of the annualized year, unused dollar credits will be set to zero and not be carried into the new annualized year. (6) Rules and Regulations: Other conditions are specified in the City of Lodi Electric Utility Department's Rules, Regulations and Engineering Standards shall apply to this electric rate schedule. Canceling Ordinance No. 1786 Effective NEM -3/3 Ordinance No. CITY OF LODI ELECTRIC UTILITY DEPARTMENT SCHEDULE CEM CO -ENERGY METERING RIDER PURPOSE: The purpose of this rider is to establish rates, terms and conditions for providing co -energy metering service to customers generating electricity using solar and wind facilities greater than 10 kW and not more than 1 MW in size. This rider complies with California State legislation allowing municipally owned utilities to develop a standard contract or tariff providing for co -energy metering, as defined below. APPLICABILITY: This schedule is applicable to service for customers where a part or all of the electrical requirements of the customer can be supplied from a solar or wind power production source owned and operated by the customer (customer -generator). Availability of this schedule to eligible customer -generators will be on a first-come, first-served basis and will be available until such time the total rated generating capacity used by eligible customer -generators equals two and one-half percent (2.5%) of the City of Lodi aggregate customer annual peak demand. The solar or wind generation source must: 1) be rated not more than 1 MW and not be eligible for Schedule NEM — Net Energy Metering Rider, 2) be located on the customer - generator's premises, 3) be connected for parallel operation with Lodi's distribution facilities, and 4) be intended for the sole purpose of offsetting a part or all of the customer -generator's own electrical requirements. In no case shall the power or energy generated by the customer -owned solar or wind source be available for resale, except as specified under this rider. Additional terms and conditions for service, including terms of interconnection and parallel operation, are specified in a customer -specific Electrical Interconnection and Co -Energy Metering Payment Agreement. RATES: Charges for electricity supplied by the City will be based on the co -metered usage in accordance with Special Conditions (c), (d) and (f) below. Rates charged under this schedule will be in accordance with the eligible customer -generator's otherwise applicable rate schedule. Canceling Ordinance No. 1786 Effective CEM -1/3 Ordinance No. CITY OF LODI ELECTRIC UTILITY DEPARTMENT SCHEDULE CEM CO -ENERGY METERING RIDER Energy Supplied Charges: The metered electricity supplied by the City to the customer - generator over the applicable billing period will be billed at the applicable service rate in effect when the service was rendered. All conditions, charges, adjustments and taxes under the applicable rate schedule shall be in effect. None of the charges of the applicable rate schedule shall be by -passable. Energy Transmitted Credit: The metered electricity generated by the customer - generator and supplied to the City over the applicable billing period will be credited at the Baseline Energy Cost rate specified in Schedule ECA plus the Energy Cost Adjustment rate for the applicable billing period. SPECIAL CONDITIONS: (1) Other Agreements: A signed Electrical Interconnection and Co -Energy Metering Payment Agreement between the customer -generator and the City is required for service under this schedule. (2) Metering Equipment: Co -Energy metering shall be accomplished using two meters — the customer revenue meter of record and a separate generation meter. The customer -generator shall be responsible for all expenses involved in purchasing and installing required meters. (3) Co -Energy Metering: Co -Energy metering is defined as the dual measurement of (i) the electricity supplied by the City through the electric grid to the eligible customer -generator and (ii) the electricity generated by an eligible customer - generator from the customer -owned solar or wind source. (4) Co -Energy Billing: The customer -generator shall receive a "net bill' from the City for each billing period. The co -energy metering net billing calculation shall be composed of the Energy Supplied Charges less the Energy Transmitted Credit. All net charges are due at the time of billing. Electric generation production may result in a dollar credit carrying forward to the next billing period, subject to Special Condition (e) below. (5) Attributes: Any Capacity Attributes or Environmental Attributes associated with the renewable energy produced by the customer -generator at sites subject to this schedule shall belong to the City. Capacity Attributes include, but are not limited Canceling Ordinance No. 1786 Effective CEM -2/3 Ordinance No. CITY OF LODI ELECTRIC UTILITY DEPARTMENT SCHEDULE CEM CO -ENERGY METERING RIDER to, System Resource Adequacy Capacity and Local Resource Adequacy Capacity, if any. Environmental Attributes include, but are not limited to, Renewable Portfolio Standard recognition, Renewable Energy Credits, Greenhouse Gas Credits, and Energy Reduction Credits, if any. (6) Excess Energy: Co -Energy metering will be administered on an annualized basis, beginning with the month of interconnection of the customer's generating system with the City's electrical system. Electric generation production may result in a dollar credit carrying forward to the next billing period. If a credit accumulation results in a net customer -owned generation credit at the end of the annualized year, unused dollar credits will be set to zero and not be carried into the new annualized year. (7) Rules and Regulations: Other conditions as specified in the City of Lodi Electric Utility Department's Rules, Regulations and Engineering Standards shall apply to this electric rate schedule. Canceling Ordinance No. 1786 Effective CEM -3/3 Ordinance No. ORDINANCE NO. AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING CHAPTER 13.20, "ELECTRICAL SERVICE," BY REPEALING AND REENACTING SECTION 13.20.225, SCHEDULE NEM — NET ENERGY METERING RIDER, AND SECTION 13.20.227, SCHEDULE CEM — CO -ENERGY METERING RIDER BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. Lodi Municipal Code Section 13.20.225 Schedule NEM — Net Energy Metering Rider is hereby repealed and reenacted to read as follows: A. PURPOSE: The purpose of this rider is to establish rates, terms and conditions for providing net metering services to customers generating electricity using solar and wind facilities of 10kW or less in size. This rider complies with California State legislation requiring every electric utility in the state, including municipally owned utilities, to develop a standard contract or tariff providing for net energy metering, as defined below. B. APPLICABILITY: This schedule is applicable to service for customers where a part or all of the electrical requirements of the customer can be supplied from a solar or wind power production source owned and operated by the customer (customer - generated). Customer -generators must currently be served under Lodi's residential and small commercial (G1 and G2) rate schedules. Availability of this schedule to eligible customer -generators will be on a first-come, first-served basis and will be available until such time the total rated generating capacity used by eligible customer -generators equals two and one-half percent (2.5%) of the City of Lodi aggregate customer annual peak demand. The solar or wind generation source must: 1.) have a capacity of 10kW or less, 2.) be located on the customer -generator's premises, 3.) be connected for parallel operation with Lodi's distribution facilities, and 4.) be intended for the sole purpose of offsetting a part or all of the customer -generator's own electrical requirements. In no case shall the power or energy generated by the customer -owned solar or wind source be available for resale, except as specified under this rider. Additional terms and conditions for service, including terms of interconnection and parallel operation, are specified in a customer -specific Electrical Interconnection and Net Energy Metering Payment Agreement. C. RATES: Charges for electricity supplied by the City will be based on metered usage in accordance with Special Conditions (3) and (5) below. Rates charged under this schedule will be in accordance with the eligible customer -generator's otherwise applicable rate schedule. Public Benefit charges and monthly customer charges shall not be by -passable. D. SPECIAL CONDITIONS: Other Agreements: A signed Electrical Interconnection and Net Metering Payment Agreement between the customer -generator and the City is required for service under this schedule. 2. Metering Equipment: Net energy metering shall be accomplished using a single meter capable of registering the flow of electricity in two directions. If customer's existing electrical meter is not capable of measuring the flow of electricity in two directions, the customer - generator shall be responsible for all expenses involved in purchasing and installing a meter that is capable of measuring electricity in both directions. 3. Net Energy Metering and Billing: Net Energy is defined as measuring the difference between the electricity supplied by the City through the electric grid to the eligible customer -generator and electricity generated by an eligible customer -generator and fed back into the electric grid over a 12 -month period. In the event that the electricity supplied by the City during the 12 - month period exceeds the electricity generated by the eligible customer -generator during the same period, the eligible customer is a net electricity consumer and the City shall bill the customer for the net consumption during the 12 -month period based on the retail price per kilowatt-hour for eligible customer -generator's rate class over the same period. The City shall provide the customer -generator with net electricity consumption information on each regular bill. That information shall include the current amount owed to the City for the net electricity consumed. Customer -generator may exercise the option to pay monthly for the net energy consumed, but in any event shall be responsible for any payments due at the end of each 12 -month period. 4. Attributes: Any Capacity Attributes or Environmental Attributes associated with the renewable energy produced by the customer - generator at sites subject to this schedule shall belong to the City. Capacity Attributes include, but are not limited to, System Resource Adequacy Capacity and Local Resource Adequacy Capacity, if any. Environmental Attributes include, but are not limited to, Renewable Portfolio Standard recognition, Renewable Energy Credits, Greenhouse Gas Credits, and Energy Reduction Credits, if any. 5. Excess Energy: Net energy metering will be administered on an annualized basis, beginning with the month of interconnection of the customer's generating system with the City's electrical system. Electric generation production may result in a dollar credit carrying forward to the next billing period. If a credit accumulation results in a net customer -owned generation credit at the end of the annualized year, unused dollar credits will be set to zero and not be carried into the new annualized year. 6, Rules and Regulations: Other conditions are specified in the City of Lodi Electric Utility Department's Rules, Regulations and Engineering Standards shall apply to this electric rate schedule. SECTION 2. Lodi Municipal Code Section 13.20.227 Schedule CEM —Co -Energy Metering Rider is hereby repealed and reenacted to read as follows: A. PURPOSE: The purpose of this rider is to establish rates, terms and conditions for providing co -energy metering service to customers generating electricity using solar and wind facilities greater than 10 kW and not more than 1 MW in size. This rider complies with California State legislation allowing municipally owned utilities to develop a standard contract or tariff providing for co -energy metering, as defined below. B. APPLICABILITY: This schedule is applicable to service for customers where a part or all of the electrical requirements of the customer can be supplied from a solar or wind power production source owned and operated by the customer (customer -generator). Availability of this schedule to eligible customer -generators will be on a first-come, first-served basis and will be available until such time the total rated generating capacity used by eligible customer -generators equals two and one-half percent (2.5%) of the City of Lodi aggregate customer annual peak demand. The solar or wind generation source must: 1) be rated not more than 1 MW and not be eligible for Schedule NEM — Net Energy Metering Rider, 2) be located on the customer -generator's premises, 3) be connected for parallel operation with Lodi's distribution facilities, and 4) be intended for the sole purpose of offsetting a part or all of the customer -generator's own electrical requirements. In no case shall the power or energy generated by the customer -owned solar or wind source be available for resale, except as specified under this rider. Additional terms and conditions for service, including terms of interconnection and parallel operation, are specified in a customer -specific Electrical Interconnection and Co -Energy Metering Payment Agreement. C. RATES: Charges for electricity supplied by the City will be based on the co - metered usage in accordance with Special Conditions (3), (4), and (6) below. Rates charged under this schedule will be in accordance with the eligible customer - generator's otherwise applicable rate schedule. 2 Energy Supplied Charges: The metered electricity supplied by the City to the customer -generator over the applicable billing period will be billed at the applicable service rate in effect when the service was rendered. All conditions, charges, adjustments and taxes under the applicable rate schedule shall be in effect. None of the charges of the applicable rate schedule shall be by -passable. 2. Energy Transmitted Credit: The metered electricity generated by the customer -generator and supplied to the City over the applicable billing period will be credited at the Baseline Energy Cost rate specified in Schedule ECA plus the Energy Cost Adjustment rate for the applicable billing period.. D. SPECIAL CONDITIONS: 1. Other Agreements: A signed Electrical Interconnection and Co -Energy Metering Payment Agreement between the customer -generator and the City is required for service under this schedule. 2. Metering Equipment: Co -Energy metering shall be accomplished using two meters — the customer revenue meter of record and a separate generation meter. The customer -generator shall be responsible for all expenses involved in purchasing and installing required meters. 3. Co -Energy Metering: Co -Energy metering is defined as the dual measurement of (i) the electricity supplied by the City through the electric grid to the eligible customer -generator and (ii) the electricity generated by an eligible customer -generator from the customer -owned solar or wind source. 4. Co -Energy Billing: The customer -generator shall receive a "net bill" from the City for each billing period. The co -energy metering net billing calculation shall be composed of the Energy Supplied Charges less the Energy Transmitted Credit. All net charges are due at the time of billing. Electric generation production may result in a dollar credit carrying forward to the next billing period, subject to Special Condition (e) below. 5. Attributes: Any Capacity Attributes or Environmental Attributes associated with the renewable energy produced by the customer -generator at sites subject to this schedule shall belong to the City. Capacity Attributes include, but are not limited to, System Resource Adequacy Capacity and Local Resource Adequacy Capacity, if any. Environmental Attributes include, but are not limited to, Renewable Portfolio Standard recognition, Renewable Energy Credits, Greenhouse Gas Credits, and Energy Reduction Credits, if any. 6. Excess Energy: Co -Energy metering will be administered on an annualized basis, beginning with the month of interconnection of the customer's 5 generating system with the City's electrical system. Electric generation production may result in a dollar credit carrying forward to the next billing period. If a credit accumulation results in a net customer -owned generation credit at the end of the annualized year, unused dollar credits will be set to zero and not be carried into the new annualized year. 7. Rules and Regulations: Other conditions as specified in the City of Lodi Electric Utility Department's Rules, Regulations and Engineering Standards shall apply to this electric rate schedule. SECTION 3. 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 4. 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 5. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION & This ordinance shall be published pursuant to law and shall become effective 30 days from the date of passage and adoption. SECTION 7. The amended Schedules referenced above shall be effective on applicable electric utility billings prepared by the City of Lodi on or after February 1, 2010, or the first date allowable under State law. ATTEST: RANDI JOHL City Clerk 2 Approved this day of , 2009 LARRY D. HANSEN 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. was introduced at a regular meeting of the City Council of the City of Lodi held November 18, 2009, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , 2009, 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 7 RANDI JOHL City Clerk ��::reqeq Please &e:,zmmMd.of th�� fur�c by cal�'i�g ��3-G7o� CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: PUBLIC HEARING TO CONSIDER INTRODUCTION OF ORDINANCE AMENDING CHAPTER 13.20, "ELECTRICAL SERVICE," SECTION 225 AND 227 TITLED, "SCHEDULE NEM — NET ENERGY METERING" AND "SCHEDULE CEM — CO -ENERGY METERING RIDER" PUBLISH DATE: SATURDAY, OCTOBER 24,2009 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: RANDI JOHL, CITY CLERK City cf Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, OCTOBER 22,2009 ORDERED BY: JENNIFER "OBISON, CMC Af& ASSISTANT CITY CLERK u RANDIJOHL CITY CLERK MARIA BECERRA ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File fomiAadvins.doc 9<�Foa� DECLARATION OF POSTING PUBLIC HEARING TO CONSIDER INTRODUCTION OF ORDINANCE AMENDING CHAPTER 13.20, "ELECTRICAL SERVICE," SECTION 225 AND 227 TITLED, "SCHEDULE NEM — NET ENERGY METERING" AND "SCHEDULE CEM— CO-ENERGY METERING RIDER" On Friday, October 23, 2009, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing to consider introduction of ordinance amending Chapter 13.20, "Electrical Service," Section 225 and 227 titled, "Schedule NEM — Net Energy Metering" and "Schedule CEM — Co -Energy Metering Rider' (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 declare under penalty of perjury that the foregoing is true and correct. Executed on October 23, 2009, at Lodi, California. J NNIFER M. BISON, CMC T, ASSISTANT CITY CLERK N:\Administration\CLERK\Forms\DECPOSTEUD.DOC ORDERED BY: RANDI JOHL CITY CLERK MARIA BECERRA ADMINISTRATIVE CLERK •. CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: November 18,2009 Time: 7:00 p.m. For information regarding this notice please contact: Randi Johl City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE B HEREBY GIVEN that on Wednesday, November 18, 2009, at the hour cf 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) Introduce ordinance amending Chapter 13.20, "Electrical Service," Section 225 and 227 titled, "Schedule NEM — Net Energy Metering" and "Schedule CEM — Co -Energy Metering Rider' 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 any time 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. By er of the Lodi City Council: City Clerk Dated: October 21, 2009 Approved as to form: c D. Stephen Schwabauer City Attorney CLERK\PUBHEAR\NOTICES\Noteud.doc 10/12/09