HomeMy WebLinkAboutAgenda Report - September 7, 2011 J-01AGENDA ITEM J-01
A% CITY OF LODI
,. COUNCIL COMMUNICATION
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AGENDA TITLE: Ordinance No. 1847 Entitled, "An Ordinance of the Lodi City Council Amending
Lodi Municipal Code Chapter 13.20 — Electrical Service — by Repealing and
Reenacting Section 13.20.175, `Schedule ECA — Energy Cost Adjustment"'
MEETING DATE: September 7, 2011
:2:I 4:7-3 J 41]:Y6
City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1847.
BACKGROUND INFORMATION: Ordinance No. 1847 entitled, "An Ordinance of the Lodi City Council
Amending Lodi Municipal Code Chapter 13.20 — Electrical Service —
by Repealing and Reenacting Section 13.20.175, `Schedule ECA —
Energy Cost Adjustment,"' was introduced at the regular City Council meeting of August 17, 2011.
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 fCode§ 36934.
Ordinances take effect 30 days after their final passage. Cal. Gov fCode § 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT:
FUNDING AVAILABLE:
RJ/jmr
Attachment
None.
None required.
APPROVED:
Randi Jo
City Clerk
Konradt Bartlam, City Manager
N:\AdministrationXCLERK\CouncilICOUNCOM\Ordinancel. DOC
ORDINANCE NO. 1847
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING
LODI MUNICIPAL CODE CHAPTER 13.20 — ELECTRICAL
SERVICE — BY REPEALING AND REENACTING SECTION
13.20.175, "SCHEDULE ECA — ENERGY COST
ADJUSTMENT"
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Section 13.20.175, "Schedule ECA — Energy Cost
Adjustment," is hereby repealed and reenacted to read as follows:
APPLICABILITY:
This schedule is applicable to all electric customers served by the City of Lodi. Each customer
shall paythe applicable rate plus an Energy Cost Adjustment (ECA)for each kilowatt-hour(kWh)
delivered to the customer. The adjustment shall be the productofthe total kilowatt-hours(kWh)
for which the bill is rendered times the ECA amount per kWh.
The purpose of the ECA is to adjust for increases/decreases to the City of Lodi's wholesale
energy costs. This adjustment provides a mechanism to recover increased costs for wholesale
energy or to lower collections when costs decrease below the base charge level.
RATES:
EffectiveJuly 6, 2007, the ECA billing factor for any given month shall be calculated as follows:
ECA = (a) + (b) - (c)(d+f) - (f)
(e)
Where:
(a) equals the amount the City of Lodi is actually charged by the Northern California Power
Agency for the billing month, including adjustments for prior billing periods, less any third party
revenue credits.
(b) equals the City of Lodi's estimated costs related to the acquisition of wholesale power, both
financial and physical, procured directly bythe Cityfor the billing month, including adjustmentsfor
prior billing periods.
(c) equals the difference between actual retail energy sales and projected sales levels for the
month which is two (2) months priorto the billing month.
(d) equals the ECA billing factor for the month which is two (2) months prior to the billing month.
(e) equals the forecast of projected retail energy sales for the billing month.
(f) equals the baseline energy cost for the City of $0.0831.
The Cityof Lodiwill recalculatethe ECAeach month, and resulting amount shall beautomatically
implemented for bills rendered during the following billing month. The ECA shall not be
discounted.
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 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
applicationsof the ordinancewhich can be given effectwithoutthe 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 insofaras
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. The amended Schedules referenced above shall be effective on applicable
electric utility billings prepared by the City of Lodi on or after November 1, 2011, or the first date
allowable under State law.
Approv this 7�' of September, 2011
BOB JO
MAYOR
TTE
EOHL
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. 1847 was
introduced at a regular meeting of the City Council of the City of Lodi held August 17,2011, and
was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held
September 7, 2011, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Katzakian, Mounce, Nakanishi, and
Mayor Johnson
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS— None
I further certify that Ordinance No. 1847was approve tfd"sig ed bythe Mayoron the date of its
passage and the same has been published pursMZ7
City Clerk
r v d to For
D. STEPHEN SC AUER
City Attorney
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