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HomeMy WebLinkAboutAgenda Report - September 7, 2011 J-02AGENDA ITEM 5-02 CITY OF LODI COUNCIL COMMUNICATION Im AGENDA TITLE: Ordinance No. 1848 Entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Chapter 13.20 — Electrical Service — by Repealing and Reenacting Section 13.20.200, `Schedule ED — Residential SHARE Program Service"' MEETING DATE 1:JN4:7c1:1411:'19 September 7, 2011 City Clerk RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1848. BACKGROUND INFORMATION: Ordinance No. 1848 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Chapter 13.20 — Electrical Service — by Repealing and Reenacting Section 13.20.200, `Schedule ED — Residential SHARE Program Service,"' 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't Code§ 36934. Ordinances take effect 30 days after their final passage. Cal. Gov (Code § 36937. This ordinance has been approved as to form by the City Attorney. FISCAL IMPACT: None. FUNDING AVAILABLE: None required. ZRandio 2 -- City Clerk RJ/jmr Attachment APPROVED: Krinradt Rartlam , City Manager cow ncil/cou ncom/Ord inanceZdoc ORDINANCE NO. 1848 AN ORDINANCE OF THE LODI CITY COUNCILAMENDING LODI MUNICIPALCODE CHAPTER 13.20 — ELECTRICAL SERVICE— BY REPEALINGAND REENACTING SECTION 13.20.200, "SCHEDULE ED-RESIDENTIALSHARE PROGRAM SERVICE" BE IT ORDAINED BYTHE LODI CITY COUNCILAS FOLLOWS: SECTION 1. Lodi Municipal Code Section 13.20.200, "Schedule ED —Residential SHARE Program Service," is hereby repealed and reenacted to read as follows: APPLICABILITY: Applicable to domestic service in single-family and multi -family dwellings separately metered by the City of Lodi where the customer meets all the Special Conditions of this rate schedule including those on discontinued All Electric SHARE rate schedule, EF. RATES: Customers under this schedule will have bills computed using the EA rate schedule less a 30% discount. ENERGY COST AJUSTMENT FECAL` 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 sum of Minimum Charge and ECA or the sum of the Energy Charge and the ECA. SPECIAL CONDITIONS: (a) When a business or commercial establishment is conducted in conjunction with a residence and both are measured through one meter, this rate does not apply. (b) This rate does not apply to service used for common area and facilities in multi -family dwellings. (c) Single Household Alternative Rate for Energy (SHARE) Eligibility: To be eiigibie to receive SHARE an applicant must complete an application and qualify based on the income eligibility criteria for State of California Low Income Home Energy Assistance Program. (d) Completed applications must be submittedto the City of Lodi Finance Department. The Cityof Lodi Finance Department shall certify the eligibility of all applicants. (e) All applicants will be required to certify income eligibility for the SHARE program. Customers must sign a statement upon application indicating that the City cf Lodi may verify the Customer's eligibility at anytime. If verification established that the Customer is ineligible, the Customerwill be removed from the program and the City of Lodi may rendercorrective billings. (f) An additional discount is availableas described in Schedule MR, Residential Medical Discount. SECTION 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a mannerwhich imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or propertywithin 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. Severabilitv. 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 insofaras 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 & The amended Schedules referenced above shall be effective on applicableelectric utility billings prepared bythe City of Lodi on or after November 1, 2011, or the first date allowable under State law. App rov this 7t" of September, 2011 BOB JOHN ON MAYOR DI L ty Clerk State of California County of San Joaquin, ss. I, Randi Johl, City Clerk ofthe City of Lodi, do hereby certify that Ordinance No. 1848was introduced ata regular meeting of the City Council of the Cityof 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 further certify that Ordinance No. 1848 was approved an signed by the Mayor on the date of its passage and the same has been published pursuantp, law. HL City Clerk r ved to Fo : D.STEPHEN S ABAUER City Attorney 101