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HomeMy WebLinkAboutAgenda Report - August 3, 2016 J-01AGENDA ITEM J-01 ipCITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Ordinance No. 1927 Entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Chapter 13.20 — Electrical Service — By Repealing and Re -Enacting Sections 13.20.190, 'Schedule EA — Residential Service,' and 13.20.210, 'Schedule EM — Mobilehome Park Service,' in Their Entirety" MEETING DATE: PREPARED BY: August 3, 2016 City Clerk RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1927. BACKGROUND INFORMATION: Ordinance No. 1927 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Chapter 13.20 — Electrical Service — By Repealing and Re -Enacting Sections 13.20.190, 'Schedule EA — Residential Service,' and 13.20.210, 'Schedule EM — Mobilehome Park Service,' in Their Entirety," was introduced at the regular City Council meeting of July 20, 2016. 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 JMF/PMF Attachment Not applicable. Not applicable. Pnifer M. F rraiolo City Clerk APPROVED: ri "WhTnIS-ch-Abaider, City Manager N:\Administration\CLERK\Council\COUNCOM\Ordinance) .DOC ORDINANCE NO. 1927 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 13.20 — ELECTRICAL SERVICE — BY REPEALING AND RE-ENACTING SECTIONS 13.20.190, "SCHEDULE EA — RESIDENTIAL SERVICE," AND 13.20.210, "SCHEDULE EM — MOBILEHOME PARK SERVICE," IN THEIR ENTIRETY BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. Lodi Municipal Code Section 13.20.190, "Schedule EA — Residential Service," is hereby repealed and reenacted In its entirety to read as follows: APPLICABILITY: This schedule is applicable to single-phase domestic power service in single-family and multi- family dwellings separately metered by the City including those on discontinued all electric rate schedule, EE. RATES: CustomerCharge.............................................:.............o...:................. $10.00 Energy Charge is by Tier of kWh Tier 1 I Tier 2 1 Tier 3 $/kWh 1 $0.1400 1 $0.1550 j $0.3300 J Summer (May throu h October) E ergy Tiers Winter (November throu h ril) Energy Tiers Tier 1 Tier 2 Tier 3 Beginning Tier 0 482 >962 kWh/month 0 392 >782 Ending Tier 481 962 kWh/month 391 782 Winter (November throu h ril) Energy Tiers Tier 1 Tier 2 Tier 3 Beginning Tier 0 392 >782 kWh/month Ending Tier 391 782 kWh/month ENERGY COST AJUSTMEN E 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 sum of the Customer Charge, 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) Additional discounts are available as described in Schedule MR, Residential Medical Discount and Schedule ED, Residential SHARE Program Service. FIXED INCOME DISCOUNT: For those customers 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% shall apply to the electric bill. Procedures as to qualification will be established by the Electric Utility Department. SECTION 2. Lodi Municipal Code Section 13.20.210, "Schedule EM — Mobilehome Park Service," is hereby repealed and reenacted in its entirety 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: Customer Charge (Master Meter Customer) ... $1 per individual mobile home park unit. Energy Unarge is py i ier or Kvvn UbnfC. Tier 1 Tier 2 Tier 3 $/kWh 1 $0.1400 $0.1550 $0.3300 Qi immcr thk2w +hrm fnh C)t4e)hP_rl Enerav Tiers 2 Tier 1 Tier 2 Tier 3 Beginning 0 482 >962 Tier kWh/month Ending Tier 481 962 kWh/month 2 Winter (November through Aorill Energy Tiers MASTER METER / SUB -METER DISCOUNT: For each occupied mobile home park unit, the park owner will receive a monthly discount in the amount of $3.00. ENERGY COST AJUSTMENT (EGAD 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 BALLU The Billing Cycle Charge is the sum of the Customer Charge JMaster Meter Customer), the Energy Charge, the Master Meter / Sub -Meter 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 54A 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. Tier 1 Tier 2 Tier 3 Beginning 0 392 >782 Tier kWh/month Ending Tier 391 782 kWh/month MASTER METER / SUB -METER DISCOUNT: For each occupied mobile home park unit, the park owner will receive a monthly discount in the amount of $3.00. ENERGY COST AJUSTMENT (EGAD 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 BALLU The Billing Cycle Charge is the sum of the Customer Charge JMaster Meter Customer), the Energy Charge, the Master Meter / Sub -Meter 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 54A 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 rates and charges provided for in Schedule EM, Mobile Home Park Service, except the Master Meter / Sub -Meter Discount shall not be provided to tenants and the master -metered Customer shall not bill the tenant the Schedule EM, Mobile Home Park Service Customer Charge (Master Meter Customer). (h) With the exception of the Customer Charge provided for in Schedule EA, Residential Service, 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 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. Severabilit . 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. 4 SECTIONS. Motive Date and Publication This Ordinance shall take effect on November 1, 2016. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Approved this 3rd day of August, 2016 MARK CHANDLER Mayor ATTEST: ` • • City Clerk State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1927 was introduced at a regular meeting of the City Council of the City of Lodi held July 20, 2016, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held August 3, 2016, 2016, by the following vote: AYES: COUNCIL MEMBERS — Johnson, Kuehne, and Mayor Chandler NOES: COUNCIL MEMBERS — Mounce ABSENT: COUNCIL MEMBERS — Nakanishi ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1927 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. JgNNIFERWFERRAIOLO City Clerk Ap d to Form: JANI,CE D. MAGDICH City Attorney 01 Please immediately confirm receipt 0 Qf this fixz by: calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: SUMMARY OF ORDINANCE NO. 1927 PUBLISH DATE: SATURDAY, AUGUST 6, 2016 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: JENNIFER M. FERRAIOLO, CITY CLERK LNS ACCT. #0510052 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, AUGUST 4, 2016 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK PAMELA M. FARRIS DEPUTY CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper - Copy to File S,9ND PRD0F 0F.A,0VERTffEMFNf:. THAW P Emailed to the Sentinel at dianer@lodinews.com LNS Phoned to confirm.reaeipt of N:\Administration\CLERK\OrdSummaries\Advins.doc at on CITY OF LODI ORDINANCE NO. 1927 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 13.20 — ELECTRICAL SERVICE — BY REPEALING AND RE-ENACTING SECTIONS 13.20.190, "SCHEDULE EA — RESIDENTIAL SERVICE," AND 13.20.210, "SCHEDULE EM — MOBILE HOME PARK SERVICE," IN THEIR ENTIRETY. The purpose of this ordinance is to align the City of Lodi's residential electrical rate structure with industry standards, fairly allocate fixed costs to all residential customers, and create a more simplified and easier to understand electrical rate structure. Proposed rates are shown in Exhibit A. Introduced July 20, 2016. Adopted August 3, 2016 and effective November 1, 2016. AYES: Johnson, Kuehne, and Mayor Chandler, NOES: Mountie; ABSENT: Nakanishi. Jennifer M. Ferraiolo, City Clerk City of Lodi August 3, 2016 A certified copy of the full text of this ordinance is available in the office of the Lodi City Clerk. EXHIBIT A SCHEDULE EA — RESIDENTIAL SERVICE APPLICABILITY: This schedule is applicable to single-phase domestic power service in single- family and multi -family dwellings separately metered by the City including those on discontinued all electric rate schedule, EE. RATES: CustomerCharge.............................................................................................. $10.00 Energy Charge is by Tier of kWh usage, Summer (May through October) Energy Tiers Tier 1 Tier 2 Tier 3 $/kWh $0.1400 $0.1550 $0.3300 Summer (May through October) Energy Tiers Winter (November through April) Energy Tiers Tier 1 Tier 2 Tier 3 Beginning 0 482 >962 Tier kWh/month 391 782 Ending Tier 481 962 kWh/month Winter (November through April) Energy Tiers 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 sum of the Customer Charge, 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) Additional discounts are available as described in Schedule MR, Residential Medical Discount and Schedule ED, Residential SHARE Program Service. FIXED INCOME _DI COUNT: For those customers 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% shall apply to the electric bill. Procedures as to qualification will be established by the Electric Utility Department. Tier 1 Tier 2 Tier 3 Beginning Tier 0 392 >782 kWh/month Ending Tier 391 782 kWh/month 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 sum of the Customer Charge, 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) Additional discounts are available as described in Schedule MR, Residential Medical Discount and Schedule ED, Residential SHARE Program Service. FIXED INCOME _DI COUNT: For those customers 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% shall apply to the electric bill. Procedures as to qualification will be established by the Electric Utility Department. EXHIBIT A SCHEDULE EM — MOBILEHOME 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: Customer Charge (Master Meter Customer)................$1 per individual mobile home park unit. Energy Charge is by Tier of kWh Usage- Tier sa e: Summer (May through Octalaer Energy Tiers Tier 1 Tier 2 Tier 3 $/kWh $0.1400 $0.1550 $0.3300 Summer (May through Octalaer Energy Tiers Winter (November through April). Ener- Tiers Tier 1 Tier 2 Tier 3 Beginning 0 482 >962 Tier kWh/month Ending Tier 481 962 kWh/month Winter (November through April). Ener- Tiers MASTER METER 1 SUB -METER DISCOUNT: For each occupied mobile home park unit, the park owner will receive a monthly discount in the amount of $3.00. 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 sum of the Customer Charge (Master Meter Customer), the Energy Charge, the Master Meter / Sub -Meter 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. Tier 1 Tier 2 Tier 3 Beginning 0 392 >782 Tier kWh/month Ending Tier 391 782 kWh/month MASTER METER 1 SUB -METER DISCOUNT: For each occupied mobile home park unit, the park owner will receive a monthly discount in the amount of $3.00. 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 sum of the Customer Charge (Master Meter Customer), the Energy Charge, the Master Meter / Sub -Meter 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. EXHIBIT A (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 years of age, and do not qualifying tenant's electric master -metered Customer. Electric Utility Department. qualify for any other discount, a discount of 5°/ bill (Fixed Income Discount) shall be provided Procedures as to qualification will be establishe dover 62 0 of the to the by the (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 rates and charges provided for in Schedule EM, Mobile Home Park Service, except the Master Meter / Sub -Meter Discount shall not be provided to tenants and the master -metered Customer shall not bill the tenant the Schedule EM, Mobile Home Park Service Customer Charge (Master Meter Customer). (h) With the exception of the Customer Charge provided for in Schedule EA, Residential Service, 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. y ❑F aw, DECLARATION ' [igI��`P ORDINANCE NO. 1927 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 13.20 — ELECTRICAL SERVICE — BY REPEALING AND RE-ENACTING SECTIONS 13.20.190, "SCHEDULE EA — RESIDENTIAL SERVICE," AND 13.20.210, "SCHEDULE EM — MOBILE HOME PARK SERVICE," IN THEIR ENTIRETY On Thursday, August 4, 2016, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1927 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on August 4, 2016, at Lodi, California. Pamela M. Farris Deputy City Clerk ordsummaries\aaDecPost. doc ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Elizabeth Burgos Administrative Clerk ORDINANCE NO. 1927 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 13.20 — ELECTRICAL SERVICE — BY REPEALING AND RE-ENACTING SECTIONS 13.20.190, "SCHEDULE EA — RESIDENTIAL SERVICE," AND 13.20.210, "SCHEDULE EM — MOBILEHOME PARK SERVICE," IN THEIR ENTIRETY BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1.. Lodi Municipal Code Section 13.20.190, "Schedule EA — Residential Service," is hereby repealed and reenacted in its entirety to read as follows: APPLICABILITY: This schedule is applicable to single-phase domestic power service in single-family and multi- family dwellings separately metered by the City including those on discontinued all electric rate schedule, EE. RATES: CustomerCharge............................................................................::... $10.00 Energy Charge is Icy Tier of kWh Tier 1 1 Tier 2 1 Tier 3 $/kWh 1 $0.1400 1 $0.1550 1 $0.3300 qi immar (Mav through October) Enerov Tiers An/intar (NnvPmher thrnuah Anrih Enerov Tiers Tier 1 Tier 2 Tier 3 Beginning Tier 0 482 >962 kWh/month Ending Tier 481 962 kWh/month An/intar (NnvPmher thrnuah Anrih Enerov Tiers Tier 1 Tier 2 Tier 3 Beginning Tier 0 392 >782 kWh/month Ending Tier 391 782 kWh/month ENERGY COST AJUSTMENT (ECAI 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 BILA The Billing Cycle Charge is the sum of the Customer Charge, 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) Additional discounts are available as described in Schedule MR, Residential Medical Discount and Schedule ED, Residential SHARE Program Service. FIXED INCOME DISCOUNT: For those customers 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% shall apply to the electric bill. Procedures as to qualification will be established by the Electric Utility Department. SECTION 2. Lodi Municipal Code Section 13.20.210, "Schedule EM — Mobilehome Park Service," is hereby repealed and reenacted in its entirety 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: Customer Charge (Master Meter Customer) ... $1 per individual mobile home park unit. Energy Charge is by Tier of kWh usage: Tier 1 Tier 2 Tier 3 $/kWh $0.1400 $0.1550 $0.3300 Ri immar (Mav thrnimh October] Enerav Tiers 2 Tier 1 Tier 2 Tier 3 Beginning 0 482 >962 Tier KWh/month Ending Tier 481 962 kWh/month 2 Winter NoVember through ril Energy Tiers MASTER METER / SUB -METER DISCOUNT: For each occupied mobile home park unit, the park owner will receive a monthly discount in the amount of $3.00. ENERGY COST AJUSTMENT fECA) 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 fMONTHLY�. The Billing Cycle Charge is the sum of the Customer Charge JMaster Meter Customer), the Energy Charge, the Master Meter / Sub -Meter 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 responsibilitX 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 discouK a discount of 5% of the qualifying tenant's electric bill (Fixed Income Discount) shall he provided to the master -metered Customer. Procedures as to qualification will be established by the Electric Utility Department. Tier 1 Tier 2 Tier 3 Beginning 0 392 >782 Tier kWh/month Ending Tier 391 782 kWh/month MASTER METER / SUB -METER DISCOUNT: For each occupied mobile home park unit, the park owner will receive a monthly discount in the amount of $3.00. ENERGY COST AJUSTMENT fECA) 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 fMONTHLY�. The Billing Cycle Charge is the sum of the Customer Charge JMaster Meter Customer), the Energy Charge, the Master Meter / Sub -Meter 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 responsibilitX 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 discouK a discount of 5% of the qualifying tenant's electric bill (Fixed Income Discount) shall he 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 rates and charges provided for in Schedule EM, Mobile Home Park Service, except the Master Meter / Sub -Meter Discount shall not be provided to tenants and the master -metered Customer shall not bill the tenant the Schedule EM, Mobile Home Park Service Customer Charge (Master Meter Customer). (h) With the exception of the Customer Charge provided for in Schedule EA, Residential Service, 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 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. Severabilit . 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. SECTIONS. Effective Date and Publication This Ordinance shall take effect on November 1, 2016. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and:a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Approved this 3`d day of August, 2016 MARK CHANDLER Mayor ATTEST: JENNIFER M. FERRAIOLO City Clerk State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1927 was introduced at a regular meeting of the City Council of the City of Lodi held July 20, 2016, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held August 3, 2016, 2016, by the following vote: AYES: COUNCIL MEMBERS — Johnson, Kuehne, and Mayor Chandler NOES: COUNCIL MEMBERS — Mounce ABSENT: COUNCIL MEMBERS — Nakanishi ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1927 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. JENNIFER M. FERRAIOLO City Clerk Approved to Form: JANICE D. MAGDICH City Attorney