CITY COUNCIL MEETING AGENDA November 15, 2022
CITY COUNCIL MEETING AGENDA
City Council Chambers
4488 Red Bluff Street
Shasta Lake. CA 96019
Tuesday, November 15, 2022, at 6:00 PM
Mayor: Rick Kern
Vice Mayor: Greg Watkins
Council Members: Pamelyn Morgan, Janice Powell
OTHER WAYS TO PARTICIPATE IN THE MEETING
• Watch a livestream of the meeting online or view the recording any time after the meeting concludes at the following: cityofshastalake.org/meetings
• Submit public comment by mail or email addressed to City Clerk, City of Shasta Lake, PO Box 777, Shasta Lake, CA 96019 or [email protected]. Mailed and emailed comments must be received one day prior to the meeting to be included.
6:00 PM CALL TO ORDER – REGULAR MEETING:
Call to order (please place electronic devices on silent) Statement for the record of Council Members present or absent Pledge of Allegiance
Invocation
AWARDS & RECOGNITIONS:
Proclamation for Native American Month, November 2022.
PRESENTATIONS:
The Brown Act prohibits the Council from taking action on any item not placed on the Agenda in most cases. The Brown Act requires any non-confidential documents or writings distributed to a majority of the City Council less than 72 hours before a regular meeting to be made available to members of the public at the same time they are distributed.
Should supplemental materials to be evaluated in the decision-making process be made available to the members of the legislative body at the meeting, seven (7) copies must be provided to the City Clerk who will distribute them.
Councilmembers are encouraged to contact the City Manager prior to the meeting with questions or concerns regarding any item on the Agenda so that their questions and concerns can be adequately addressed at the meeting.
Agenda packets are available for public review at City Hall, 4477 Main Street, Shasta Lake, CA during normal business hours of 7:00 a.m. to 4:00 p.m. weekdays, excluding holidays.
In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call (530) 275-7407. Notification 48 hours prior to the meeting is requested to enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II).
CITY COUNCIL MEETING AGENDA November 15, 2022
COMMISSION, COMMITTEE, AND OUTSIDE AGENCY REPORTS:
PUBLIC COMMENT:
This time is set aside for citizens to address the City Council on matters listed on the Consent Agenda as well as other items not included on the Regular Agenda. If your comments concern an item noted on the regular agenda, please address the Council when that item is open for public comment. Each speaker is allocated three (3) minutes to speak. Speakers may not cede their time. Comments should be limited to matters within the jurisdiction of the City. Council discussion or action cannot be taken on items not listed on the agenda other than to receive comments. Speaker forms are available from the City Clerk, 4477 Main Street, Shasta Lake, on the City’s website, or at the back of the meeting hall. If you have documents to present to members of Council, please provide a minimum of seven copies.
CONSENT AGENDA:
The items listed under the Consent Agenda are considered routine business and will be voted on together by one motion unless a Council Member requests a specific item to be removed and discussed separately.
1. Acceptance of the regular meeting minutes of October 18, 2022. (page 2)
2. Acceptance of the regular meeting minutes of November 1, 2022. (page 4)
3. Ordinance CC-2022-XXX adopting the 2040 General Plan Update of the City of Shasta Lake, providing for the codification of the plan and for interim zoning, correction of scrivener’s errors, severability, and an effective date for the General Plan. (page 6)
4. Resolution approving the Electric Service System Rules and Regulations. (page 10)
5. Information Item (page 26)
Checks, E-Payments and Wires:
09/29/2022 $147,287.64
10/06/2022 $399,950.86
10/13/2022 $906,476.42
10/20/2022 $1,479,338.15
Payrolls:
10/07/2022 $191,254.41
10/21/2022 $179,840.68
11/04/2022 $182,573.91
PUBLIC HEARINGS: None
REGULAR AGENDA:
CITY COUNCIL MEETING AGENDA November 15, 2022
6. Discussion and possible action on the following:
a) Resolution authorizing the City Manager to implement a level 3 electric vehicle charging station at City Hall and approving related policies, fees, and rates. (page 47) b) Resolution establishing parking meter zones in municipal lots for spaces equipped with electric vehicle charging equipment. (page 49)
7. Discussion regarding a request by the Shasta Lake Fire Protection District for the City to impose a fee for a Community Facilities District (“CFD”) to be formed by the district. (page 52)
8. STAFF COMMENTS:
CITY COUNCIL COMMENTS AND REPORTS:
This is the time set aside for Council Members, who may so desire, to give brief comments or reports concerning City matters. The City Council may not enter into discussion on matters reported.
Statements made by individual Council Members should not be interpreted as a statement of the City Council. The City Council only takes action by majority vote. • Brief reports by members of the Council regarding correspondence, events and/or meetings attended, and upcoming meetings/events.
• Suggestions/motions for future agenda items.
• In compliance with Assembly Bill 1234, Council will report on attendance at conferences/meetings/events where expenses are reimbursed by the City.
ADJOURNMENT:
Meetings are broadcast on the Wednesday following the meeting at 6:00 PM and the following Friday at 2:00 PM on Charter Channel 181. Videos of meetings are also available through the City website: www.cityofshastalake.org
PROCLAMATION
A CITY OF SHASTA LAKE MAYOR’S PROCLAMATION DECLARING NOVEMBER 2022 AS NATIONAL NATIVE AMERICAN HERITAGE MONTH
WHEREAS, National Native American Heritage Month honors the many contributions and accomplishments of American Indians and Alaska Natives; and WHEREAS, today Native Americans continue to enrich our communities and strengthen our country; and
WHEREAS, while we celebrate the rich traditions of the original people of what is now the United States, we cannot forget the long and unfortunate chapters of violence, discrimination; and deprivation they endured; and
WHEREAS, while we cannot ignore the events of the past, we can work together to forge a brighter future with preservation of Native American history, traditions, and culture; and WHEREAS, the City of Shasta Lake continues to be an advocate for both recognized and nonrecognized Native Americans by not only expressing our support, but collaborating with our local tribes on various projects and programs; and
WHEREAS, the City of Shasta Lake has partnered with the Redding Rancheria/Win-River Hotel Corporation to apply and receive funding for infrastructure improvements to benefit the tribe’s economic development project at Shasta Dam Blvd and Cascade Blvd; and WHEREAS, the City of Shasta Lake has partnered with our local tribe, the Wintu Tribe of Northern California, for funding opportunities including various programs and the construction of the Wintu Cultural Center/Museum which we proudly support as an opportunity to share the history of our local tribe and the native people of our area; and
WHEREAS, the City of Shasta Lake stands in support of the Wintu Tribe of Northern California receiving their rightly due Federal recognition as a Recognized Native American Tribe.
NOW, THEREFORE, BE IT RESOLVED that the Mayor of the City of Shasta Lake proclaims November 2022 as National Native American Heritage Month in the City of Shasta Lake.
Dated this 1st day of November, 2022.
RICK KERN, Mayor
1 MEETING OF THE CITY OF SHASTA LAKE CITY COUNCIL
MINUTES OF THE REGULAR MEETING
HELD TUESDAY OCTOBER 18, 2022 AT THE
CITY COUNCIL CHAMBERS, 4488 RED BLUFF ST, SHASTA LAKE, CALIFORNIA
66:00 PM CALL TO ORDER - Regular Session
Mayor Kern convened the regular meeting at 6:00 PM
Council Members present: Morgan, Powell, Watkins, Kern
Council Members absent: none
Pledge & invocaton
Greg Watkins was selected to finish out Matt Doyle’s term as Vice Mayor. Motion/Second (Kern/Morgan) and carried.
AWARDS AND RECOGNITIONS
Proclamation for Domestic Violence Awareness Month
COMMUNICATIONS
Presentations:
City Engineer Will Bond – Update on Wastewater Treatment Plant Elevated Zinc level and plan for compliance.
Electric Utility Director James Takehara – Legislative Update.
Public Comment:
Dolores Lucero, Justin Jones, Jim Mark, and Kristie Mathews spoke during open time public comment.
Commission/Committee reports:
CONSENT AGENDA
1. Acceptance of the October 4, 2022 Regular Meeting Minutes.
2. Resolution CC-2022-95 accepting the Quarterly Cash and Investment Report for the period ending June 30, 2022.
3. Resolution CC-2022-96 to accept the Wastewater Treatment Plant Control Building Re-roof project as complete and authorize the filing of a Notice of Completion.
4. ResolutionCC-2022-97 to award the Summit City Septic to Sewer Feasibility Study Professional Services Project to Pace Engineering, Inc. in the amount of $250,000.00. Powell voted No.
5. Information Item
Checks/E-payments/Wires:
9/01/2022 $182,225.67
9/09/2022 $241,244.35
9/15/2022 $1,766,973.35
9/23//2022 $1,743,525.49
2 Motion/Vote:
By motion made/seconded (Watkins/Morgan), and carried, the consent agenda was approved.
PUBLIC HEARINGS none
REGULAR AGENDA
6. Discussion and possible action on a Resolution to approve a supplemental appropriation of $700,000 for the State of California Community Development Block Grant Coronavirus Response Program Grant No. 20-CDBCV-TRIB-00004, 20-CDBG-CV-TRIB-00006, 20-CDBG-CV-TRIB00008, and 20-CDBG-CV-TRIB-00010.
Motion/Vote:
By motion made/seconded (Powell/Morgan), and carried, Resolution CC-2022-98 was approved.
7. A) Second reading and possible adoption of an Ordinance amending City of Shasta Lake Municipal Code Title 6 – Animals.
Motion/Vote:
By motion made/seconded (Morgan/Watkins), and carried, Resolution ORD CC-2022-295 was approved.
B) Resolution approving the Animal Control Fee and Fine Schedule effective upon adoption and implementation of Ordinance CC-2022-295 amending Title 6 (Animals) of the City of Shasta Lake Municipal Code.
Motion/Vote:
By motion made/seconded (Morgan/Watkins), and carried, Resolution CC-2022-99 was approved.
8. Mayor’s Appointments due to resignation of Council Member Doyle:
Shasta Regional Transportation Agency Board (Alternate) - Councilmember Morgan Shasta Co. Dept. of Housing and Community Action Board – Councilmember Powell Motion/Vote:
By motion made/seconded (Watkins/Morgan), and carried, Resolution CC-2022-94 was approved.
COMMUNICATIONS
Staff Comments
Update on City Council Election.
City Council Comments
ADJOURNMENT
With no further business, Mayor Kern adjourned the meeting at 7:40 pm.
_____________________________
TONI M. COATES, CMC, City Clerk
3 MEETING OF THE CITY OF SHASTA LAKE CITY COUNCIL
MINUTES OF THE REGULAR MEETING
HELD TUESDAY NOVEMBER 1, 2022 AT THE
CITY COUNCIL CHAMBERS, 4488 RED BLUFF ST, SHASTA LAKE, CALIFORNIA
66:00 PM CALL TO ORDER - Regular Session
Mayor Kern convened the regular meeting at 6:00 PM
Council Members present: Morgan, Powell, Watkins, Kern
Council Members absent: none
Pledge & invocaton
AWARDS AND RECOGNITIONS
COMMUNICATIONS
Presentations:
Public Comment:
Dolores Lucero, Justin Jones, Jim Mark, and Kristie Mathews spoke during open time public comment.
Commission/Committee reports:
Kristie Mathews reported on the Shasta County Commission on Aging.
CONSENT AGENDA
1. Resolution CC-2022-100 accepting the Quarterly Cash and Investment Report for the period ending September 30, 2022.
2. Resolution CC-2022-101 establishing the Appropriation Limitation for Fiscal Year 2022-2023 at $6,565,261.00.
3. Resolution CC-2022-102 accepting the Lift Station 5 Manhole Modifications Project as complete and authorizing the filing of a Notice of Completion.
4. Resolution CC-2022-103 approving supplemental budget authorization of $25,000.00 to fund the Backwash Separation Tank No. 2 Project and to declare RTA Construction, Inc. the lowest, responsive, responsible bidder, award a construction contract in the amount of $158,700.00 to RTA Construction, Inc. for the construction of the Backwash Separation Tank No. 2 Project, and approve an expenditure for construction not to exceed $175,000.00.
Motion/Vote:
By motion made/seconded (Morgan/Powell), and carried, the consent agenda was approved.
PUBLIC HEARINGS
5. Public Hearing, discussion, and possible action(s) regarding the General Plan Update. Following the close of the public hearing, Staff recommends the City Council adopt:
4 1. A Resolution (Attachment A to the report) certifying the Final Environmental Impact Report (“FEIR”) prepared for City of Shasta Lake General Plan 2040 including the exhibits to the resolution and: (a) Making findings of fact related to potentially significant and significant and unavoidable environmental impacts, as analyzed in the FEIR; and (b) Adopting a Statement of Overriding Considerations related to the significant and unavoidable impacts disclosed in the FEIR.
Motion/Vote:
By motion made/seconded (Morgan/Watkins), and carried, Resolution CC-2022-104 was approved.
2. A Resolution (Attachment B to the report) adopting the City of Shasta Lake 2040 General Plan Update and related Land Use Diagram, including the recommended text and land use diagram amendments as reflected in the exhibits to the Resolution, with any modifications or other amendments as may be made by the Council.
Motion/Vote:
By motion made/seconded (Watkins/Morgan), and carried, Resolution CC-2022-105 was approved.
3. An Ordinance (Attachment C to the report) adopting the 2040 General Plan Update, providing direction on the codification of the Plan, establishment of interim zoning provisions, correction of scrivener's errors, severability, and an effective date for the General Plan Update.
Motion/Vote:
By motion made/seconded (Morgan/Powell), and carried, the Ordinance was read by short title only and moved to the second reading.
Public Comments regarding the General Plan Updates were received from Kristie Mathews, Rose Smith, Jim Mark, and Justin Jones.
REGULAR AGENDA
6. Discussion and possible action on a Resolution calling for the holding of a Special Municipal Election to be held on Tuesday, March 7, 2023, for the purpose of electing a Council Member to serve the remainder of a term ending December 2024 under the laws of the State of California related to General Law Cities.
Motion/Vote:
By motion made/seconded (Watkins/Morgan), and carried, Resolution CC-2022-106 was approved.
COMMUNICATIONS
Staff Comments
City Manager Jessaca Lugo – update on the Jail Stakeholders meeting.
City Council Comments
ADJOURNMENT
With no further business, Mayor Kern adjourned the meeting at 7:56 pm.
_____________________________
TONI M. COATES, CMC, City Clerk
5 ORDINANCE NO. CC-2022-##
AN ORDINANCE ADOPTING THE 2040 GENERAL PLAN UPDATE OF THE CITY OF
SHASTA LAKE, PROVIDING FOR THE CODIFICATION OF THE PLAN AND FOR
INTERIM ZONING, CORRECTION OF SCRIVENER'S ERRORS, SEVERABILITY, AND AN EFFECTIVE DATE FOR THE GENERAL PLAN.
WHEREAS, the Government Code requires that all municipalities prepare and adopt a comprehensive, long-range general plan for the present and future needs of the municipality and the growth and development of all property within the municipality.
WHEREAS, the Government Code allows the City to adopt ordinances and standards to reasonably regulate the development of property and to protect public safety and the environment consistent with the direction provided by the adopted General Plan.
WHEREAS, the City has received public input on the 2040 General Plan Update and the related Final Programmatic Environmental Impact Report (FPEIR) prepared for the project through multiple outreach efforts including direct mailed notice to property owners, noticed public meetings, workshops, on-line postings, and community surveys.
WHEREAS, after a noticed public hearing on October 6, 2022, the City of Shasta Lake Planning Commission recommended to the City Council adoption of the Shasta Lake 2040 General Plan Update, and certification of the Final Programmatic Environmental Impact Report (FPEIR) prepared for the General Plan Update.
WHEREAS, the Shasta Lake City Council held a public hearing on November 1, 2022, which hearing was preceded by the posting of public notices within the City limits of the City of Shasta Lake and publication of a notice in the Redding Record-Searchlight on October 17, 2022, in accordance with the California Government Code.
WHEREAS, the 2040 General Plan Update of the City of Shasta Lake has been developed to guide development in compliance with State Law.
WHEREAS, the City Council conducted a public hearing on November 1, 2022, and considered all public testimony and all written materials and other information in the record regarding the proposed General Plan Update, as well as this implementing Ordinance.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shasta Lake, State of California, as follows:
SECTION 1: ENVIRONMENTAL DETERMINATION.
Pursuant to the California Environmental Quality Act (CEQA), on November 1, 2022, the City Council adopted a resolution certifying the Final Programmatic Environmental Impact Report for the 2040 General Plan Update, which incorporates Findings of Fact and a Statement of Overriding Considerations within and according to the provisions of CEQA. The City Council determines that this Ordinance is within the scope of, and shall be considered part of, that CEQA action. 6 SECTION 2: ADOPTION OF THE 2040 GENERAL PLAN UPDATE.
The City Council makes the following findings and determinations:
A. The 2040 General Plan Update will further the public necessity, convenience and general welfare. Implementation of the Plan will provide citizens with opportunities to participate in the planning and decision-making processes of the City relative to the development of property and in the shaping character of the community. The General Plan Update will preserve and enhance the quality of life of residents by supporting orderly and safe development of a variety of living environments, and accommodating growth necessary to provide for the economic well-being and housing needs of the community .
B. The 2040 General Plan Update as implemented by the General Plan and Municipal Code of the City complies with the applicable Government Code requirements of the State of California.
C. The 2040 General Plan Update is consistent with state law and City Council direction, and the City Council finds adoption of the General Plan and Interim zoning provisions will protect the public safety, health, and welfare by:
i. Providing for adequate housing sites for current and future residents of the city; ii. Providing for infill residential and other development on underutilized or vacant infill sites thereby facilitating the production of housing units, new and expanded commercial services, new and expanded industrial development, while also prioritizing minimal displacement of existing residents and businesses;
iii. Providing direction for the efficient and well-planned utilization of public and private resources within appropriate limits to achieve a development pattern as reflected in the General Plan Update Land Use Diagram, which will support the economic health and prosperity of the community;
iv. Supporting the conservation, preservation, and protection of important natural resources and environmentally sensitive lands within the community; v. Providing direction necessary to support the health and safety of current and future residents of the City of Shasta Lake;
vi. Implementing the adopted Housing Element and Local Hazard Mitigation Plan. vii. Protecting the public safety, health, and welfare, by prohibiting any uses that may conflict with the General Plan, adopted specific plan, or zoning proposal or permit that the legislative body, planning commission or the Development Services Department is considering, or studying, or intends to study within a reasonable time.
D. The City of Shasta Lake 2040 General Plan Update and related FPEIR, including all resolutions, maps and attachments there to, are hereby incorporated by reference as “Exhibit A” to this ordinance, and the 2040 General Plan Update is adopted as the official General Plan of the City of Shasta Lake, as set forth herein.
7 SECTION 3: CODIFICATION AND INCLUSION IN THE MUNICIPAL CODE.
A. Codification and Inclusion in the Municipal Code
It is the intent of the City Council that the provisions of this ordinance be made part of the Shasta Lake Municipal Code as adopted, and that where the General Plan is referenced in the Municipal Code it shall be referencing the 2040 General Plan Update, that sections of this ordinance may be re-numbered or re-lettered, and that the ordinance may be modified to reflect appropriate section, chapter, or other such appropriate word or phrase to accomplish such intent regardless of whether such inclusion in the Code is accomplished.
B. Interim Zoning
The General Plan is an overarching policy document while the Zoning Ordinance is a regulatory document that ensures the implementation of the General Plan’s goals and polices through the application of specific criteria and standards. The City intends to prepare a comprehensive update to the Zoning Ordinance to achieve consistency between the General Plan and Zoning as required by law. In the interim, the City must adopt a set of procedures and standards that will provide a legal basis for the development review process for those areas where inconsistencies may exist between the 2040 General Plan Update and the existing Zoning Ordinance.
The City Council hereby directs that the City Manager and/or designee shall return to the City Council within a reasonable period, not to exceed 90 days following adoption of the 2040 General Plan, with an Interim Zoning Ordinance for review and action by the City Council. It shall be based on the following general criteria:
i. The purpose of the Interim Zoning Ordinance is to establish zoning standards consistent with the General Plan, adopted by the City Council on November 15, 2022, and to apply such interim standards until such time as the City Council adopts a new comprehensive Zoning Ordinance that is fully consistent with the 2040 General Plan Update. ii. The Interim Zoning Ordinance shall establish “interim zones” consistent with the General Plan.
iii. The Interim Zoning Ordinance shall govern the City’s determinations of whether development applications conform to the 2040 General Plan until the City Council adopts a permanent and comprehensive Zoning Ordinance.
iv. The current Zoning Ordinance shall continue to apply until such time that the Interim Zoning Ordinance and/or a comprehensively updated Zoning Ordinance is adopted. v. All existing definitions in the Municipal Code are incorporated by reference. vi. All development subject to this Ordinance shall follow the procedures for site plan review and obtaining permits and other approvals as specified in Chapter 17 of the Municipal Code.
vii. The City Manager, or designee, shall have the authority to determine whether a development application conforms to the 2040 General Plan according to the criteria for General Plan conformity determinations established in the Interim Zoning Ordinance, and issue a written decision where necessary. The decision may be appealed to the Planning Commission consistent with the provisions contained in the Municipal Code. The Commission shall act on any appeal of such decision at a duly noticed public hearing. viii. The Commission’s decision may be appealed to the City Council. In considering an appeal, the appeal body shall determine whether the application conforms to the adopted 8 2040 General Plan and may affirm, overturn, or modify the City Manager determination.
The decision of the appeal body shall be made by resolution. ix. Any application for a proposed use that does not conform to the General Plan shall not be accepted or approved, except that at the applicant’s option, the applicant may modify the project to conform to the adopted General Plan or may apply for a General Plan Amendment and related Zoning Ordinance Amendment.
x. These regulations are enacted pursuant to the Authority for adopting interim zoning regulations established in the Government Code Section 65858 (a).
SECTION 4: CORRECTION OF TEXTURAL AND FIGURE ERRORS (SCRIVENER’S ERRORS) IN THE 2040 GENERAL PLAN AS ADOPTED.
Typographical errors, notation or reference errors, formatting errors and other scrivener’s errors which may exist at the time of adoption of the 2040 General Plan which do not affect the intent of this ordinance, or the purposes and direction of the adopted General Plan, including within any attachment or appendix there to, may be corrected at the direction of the City Manager or designee, without need of separate public hearing or amendment of the General Plan, by filing a corrected or re-codified copy of the same in the records of the City.
SECTION 5. SEVERABILITY.
If any provision of this ordinance or the applications thereof to any person or circumstances is held invalid by a court of competent jurisdiction, the remainder of the ordinance and the applications of such provision will remain in effect to the extent permitted by law.
SECTION 6. EFFECTIVE DATE.
This ordinance shall be effective thirty (30) days following its second reading and posting as provided for by the Municipal Code and/or State law.
DULY PASSED, APPROVED, AND ADOPTED this 15th day of November 2022, by the following vote:
AYES:
NOES:
ABSENT:
___________________________________
RICK KERN, Mayor
ATTEST:
_____________________________________________
TONI M. COATES, CMC, City Clerk
9 Report and Recommendations 4 Reviewed and Approved
City Manager
AGENDA ITEM
City Council Meeting
TO: Mayor and City Council Members
FROM: James Takehara, Electric Utility Director
DATE: November 9, 2022
SUBJECT: Electric Department Rules and Regulations 2022 FILE NO: E-090-522-654
RECOMMENDATION:
Staff recommends the City Council adopt a resolution to adopt updated “Electric Service System Rules and Regulations” of the City Electric Department.
BACKGROUND:
In March 2016, the City Council adopted Resolution CC-16-20 approving the “electric service connection policy,” and the “electric service system rules and regulations” (“Rules and Regulations”) of the City’s Electric Department. The Rules and Regulations is the framework under which the City provides electric services to the community within the City’s electric service territory. Staff has reviewed the Rules and Regulations and found most of the document is applicable and valid, but there are some matters that should be updated.
The largest change to the Rules and Regulations is the way in which its content is organized.
Prior versions essentially listed all concepts as defined terms and listed them in alphabetical order. This made the document difficult to use for the average user as this format requires one to read it in the entirety to approach even the most basic action, such as applying for electric service.
The proposed draft for City Council consideration reorganizes concepts into function areas, which is intended to make the document more user friendly.
Other major changes include:
• Clearly defining the consequence for tampering or theft of electric service (discontinuance of service, payment of all actual costs for reconnection, payment of the value of stolen electric service, criminal charges, etc.).
• Updating available service voltage.
10 • Specifying the need for a main service disconnect, particularly in cases where there is customer-owned generation and or energy storage installed (the vast majority of structures have an existing device that satisfies this requirement) FISCAL IMPACTS:
The is no fiscal impact to updating the Electric Department rules and regulations.
ATTACHMENTS:
Resolution
Proposed Electric Department Rules and Regulations
DISTRIBUTION:
City Council
11 RESOLUTION NO. CC-2022-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHASTA LAKE APPROVING THE
ELECTRIC SERVICE SYTEM RULES AND REGULATIONS
WHEREAS, the City Council adopted Resolution 16-20 approving the Electric Service Connection Policy and Electric Service System Rules and Regulations (“Rules and Regulations”); and WHEREAS, staff has reviewed the Rules and Regulations and found most of its concepts are current and valid while some areas need to be amended to reflect current operations; and WHEREAS, staff has prepared an updated set of Rules and Regulations, and proposes to replace the prior version in its entirety with these updated conditions; and WHEREAS, the City desires to maintain Electric Service System Rules and Regulations that reflect current operating conditions.
NOW, THEREFORE, BE IT RESOLVED that the City of Shasta Lake City Council approves the Electric Service System Rules and Regulations attached hereto to be effective January 1, 2023 until amended or replaced by subsequent action of the City Council.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Shasta Lake held on November 15, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
RICK KERN, Mayor
ATTEST: _____________________________
TONI M. COATES, CMC
City Clerk
12 City of Shasta Lake
Electric Service System
Rules and Regulation
For City Council Consideration – 11/15/2022
Adopted on [DATE]
By City Council Resolution CC-2022-XX
13 [This page intentionally left blank]
14 Table of Contents
1. General Provisions and Definitions ......................................................................................... 1 A. ACCOUNTING SYSTEM ......................................................................................................... 1 B. INCORPORATION OF ELECTRIC SERVICE SYTEM RULES AND REGULATIONS....................... 1 C. DEFINITIONS......................................................................................................................... 1
2. Rates........................................................................................................................................ 3 A. General................................................................................................................................. 3 B. Temporary Rates.................................................................................................................. 3
3. Application for Electric Service................................................................................................ 3 A. General Statement............................................................................................................... 3 B. Written Request for Service................................................................................................. 3 C. Applicant Responsibilities.................................................................................................... 4 D. City Responsibilities............................................................................................................. 4 E. Alternative Design................................................................................................................ 4 F. Right of Way on and in Proximity of Applicant Premises.................................................... 4 G. Estimated Construction Schedule........................................................................................ 5 H. Electric Service Connection Policy ....................................................................................... 5
4. Access, Tampering, and Energy Theft ..................................................................................... 5 A. Right of Access..................................................................................................................... 5 B. Tampering and Energy Theft................................................................................................ 5
5. Description of Electric Service ................................................................................................. 6 A. Coverage Area...................................................................................................................... 6 B. Characteristic of Electric Service.......................................................................................... 6 C. Temporary Electric Service .................................................................................................. 6 D. Continuity of Electric Service ............................................................................................... 7 E. Relocation of City Facilities.................................................................................................. 7 F. Customer-owned Equipment............................................................................................... 7
6. Metering .................................................................................................................................. 8 A. Placement ............................................................................................................................ 8 B. Ownership............................................................................................................................ 8 C. Tampering ............................................................................................................................ 8 15 D. Meter Reading and Functionality ........................................................................................ 8 E. Meter Testing....................................................................................................................... 8 F. Metering Point..................................................................................................................... 9 G. Resale of Electricity.............................................................................................................. 9 16 1 City of Shasta Lake
2 Electric Service System
3 Rules and Regulation
4 5
6 1. General Provisions and Definitions
7 This document shall be referred to as the City of Shasta Lake (“City”) Electric Service System Rules and 8 Regulations (“Rules and Regulations”) and are part of all agreements for receiving Electric Service from 9 the City, and apply to all electric services received from the City, whether the electric service is based on 10 contract, agreement, signed application, or otherwise. City will furnish Electric Services in accordance 11 with these adopted Rules and Regulations and all other applicable City resolutions and ordinances to 12 any Customer within the City electric service territory. 13 A. ACCOUNTING SYSTEM
14 The City will account for the operations of its power system as a separate department of the City 15 (“Electric Department”), using a system of accounting substantially in accordance with the 16 Governmental Accounting Standards Board or other standard system of accounting acceptable for 17 completing a standard cost of service study.
18 B. INCORPORATION OF ELECTRIC SERVICE SYTEM RULES AND REGULATIONS 19 The Rules and Regulations are adopted by City Council resolution and are incorporated by reference into 20 the City Code. These Rules and Regulation govern provisions under which Electric Service is provided 21 within the City electric service territory and work in conjunction with the City Code and all other City 22 Council resolutions.
23 C. DEFINITIONS
24 Terms appearing with an initial letter capitalized, are defined terms of these Rules and Regulations, the 25 City Municipal Code, or other City Council resolutions. The definitions in the Rules and Regulations are 26 set forth in full. Definitions in the City Municipal Code or other resolutions are not repeated here. Unless 27 the particular provision or the context otherwise requires, the definitions and provisions contained in 28 Rules and Regulations Section 1.C shall govern the construction, meaning, and application of words and 29 terms used in these Rules and Regulations. The singular of a word or term shall include the plural and 30 the plural shall include the singular. Such words or terms as defined in this Rules and Regulations shall 31 be initially capitalized.
32 Applicant: Any person or entity that seeks Electric Service from the City by written request using City 33 approved forms.
34 City Code: The Municipal Code of the City of Shasta Lake, California. 17 1 City Employee: Any authorized City employee, agent, or representative. 2 City Equipment: Any property, facility, apparatus, or material associated with providing Electric Service 3 including, but not limited to, ducts, conduits, conductors, transformers, protective devices, wiring, 4 switches, and meters.
5 Customer: The Person, Persons, firm, association, governmental agency, corporation or other legal 6 entity who use, are entitled to use, or benefit from the use of City of Shasta Lake utilities. Once Electric 7 Service is established, each “Customer” generally corresponds to one electric utility account, which may 8 differ from the Owner of the property and end-user of Electric Service. 9 Director: Electric Utility Director of the City of Shasta Lake or successor. 10 Discontinue: To stop the delivery of Electric Service to a Customer or physically limit or disconnect the 11 Service Connection in such a way that only the City can make full Restoration. 12 Distribution System: All sub-transmission level voltage overhead and or underground equipment used 13 to supply electricity to the Utility Connection Point. 14 Electric Service: Service, including but not limited to the provision of electricity and other related 15 services by City and for which fees or rates are charged. 16 Master Meter Service: When multiple tenants/units are served Electric Service on the same Premises 17 through a single metered Service Connection.
18 Owner: The legal owner of Premises receiving one or more City utility services, or the authorized agent 19 of such legal owner.
20 Person: Any individual, partnership, corporation, public agency, or other organization operating as a 21 single entity.
22 Premises: Any building, part of a building, lot, parcel, real estate, land, portion of land, tract of land, 23 building, or facility to which electric service is provided. Each freestanding building, except auxiliary 24 buildings (e.g., storage sheds), typically constitutes a separate premise even though they may have 25 common ownership.
26 Restoration: The reconnection of a full Service Connection or other resumption of Electric Service that 27 has been Discontinued.
28 Service Lateral: The group of conductors, whether overhead or underground, necessary to connect the 29 Customer’s Utility Connection Point to City’s Distribution System, regardless of the location of City’s 30 meters or transformers.
31 Service Voltage: The voltage at the point of metering. 32 Tamper: To rearrange, bypass, damage, alter, interfere with, or actions that could cause and/or prevent 33 the normal functioning of City Equipment.
34 Total Cost: The sum of all direct and indirect expenses including labor, material, overhead and use of 35 City Equipment to complete a particular repair, addition, or modification to the Distribution System, and 36 the cost of associated resources consumed.
18 1 Utility Connection Point: The point of delivery of electricity to a Customer’s Premises as determined by 2 City. The delivery point on overhead construction is at the end of the Service Lateral where the Service 3 Lateral is attached to customer-owned wiring from the structure to which the meter is connected (e.g., 4 electric service mast). The delivery point on underground construction is in line of the Service Lateral, 5 two feet from the base of the building or structure where the meter socket is located. 6 7 The Service Lateral leading up to the Utility Connection Point, and the electric meter, are owned and are 8 the responsibility of the City. All facilities after the Utility Connection point are owned and the 9 responsibility of the Customer, including but not limited to the electric panel and service mast. 10 Customers shall, at all times, properly maintain all customer-owned property, including vegetation on 11 the Premises, that could impact City-owned electric infrastructure, the electric panel, electric service 12 mast (for overhead services), and all wiring between electric transformers and the Utility Connection 13 Point. Notwithstanding the foregoing, all vegetation established on Customer property is always the 14 responsibility of the Customer to properly maintain and includes all vegetative growth above, around, 15 and under the Service Lateral between the City transformer and the Utility Connection Point. 16 2. Rates
17 A. General
18 All rates to be charged by and paid to the City for Electric Service are established by the City Council, as 19 described in City Code 13.20. Electric rates are only applicable for Electric Services furnished entirely by 20 the City without interconnection with any other source of supply, unless otherwise stated. 21 B. Temporary Rates
22 City may assign a temporary rate schedule to an Applicant for temporary electric service for a period not 23 to exceed 12 months, until such time that Applicant satisfies all parameters for the appropriate rate 24 class. The selection of the temporary rate schedule shall be made by the Director based on activity at 25 the Premises during the period temporary electric service applies, historical usage of the Premises, 26 Customer, or an estimate of usage if historical usage is not available, or as otherwise provided for by City 27 policies.
28 3. Application for Electric Service
29 A. General Statement
30 By applying for Electric Service, Applicant agrees to comply with the terms and conditions of service 31 contained in the City Code, Electric Rules and Regulations, and all other applicable laws, rules, and 32 regulations.
33 B. Written Request for Service
34 All requests for Electric Service must be submitted in writing using City-provided forms, which will be 35 evaluated under a process established by the Director. Applications must be submitted for new or 36 modified City Electrical Service, which include but are not limited to: a new load at a facility which has 37 not previously been served by the City; a change to an existing facility load; providing Electric Service to 38 an existing Premise not currently receiving Electric Service; a conversion from single-phase to poly-phase 39 (or vice versa); or a change in service voltage. Applications must be complete, with accurate 40 information, in order to be valid, shall include all supplemental materials, and must provide, or provide 19 1 for, any technical analyses required by the Electric Department. Electric Service shall not be established 2 until after an Application is deemed approved by the Electric Department and all conditions have been 3 satisfied as determined by the City.
4 C. Applicant Responsibilities
5 Each Applicant is responsible for all costs associated with the preparation and submission of all forms, 6 documents, supplemental materials, and technical studies associated with the application for service 7 throughout the entire application process.
8 Each Applicant is responsible for the City’s cost to review the application and supporting materials, and 9 participation in any technical studies to support Applicant’s project, including those materials and 10 activities required by third parties. Each Applicant is responsible for the City’s cost of engineering, 11 design, materials, labor, equipment usage, and all other costs related to the construction of electric 12 infrastructure related to the application.
13 All application materials that are submitted to the City shall become property of the City upon submittal 14 and shall not be returned to Applicant. Applications that remain incomplete or have conditions that are 15 unsatisfied for 180 days or more may be voided at the discretion of the Director without any obligation 16 to the Applicant. Applicant must provide a non-refundable deposit for applicable costs of the City’s 17 review, based on an invoice produced by the City, prior to the start of any application review activities 18 under the application process.
19 D. City Responsibilities
20 The City shall administer applications for Electric Service to anyone within the City Coverage Area 21 without regard to race, color, religion, sex, age, national origin, or disability. City reserves the exclusive 22 right to determine the route, design, and method of construction as it deems appropriate and necessary 23 to serve Applicant’s request for Electric Service. City shall determine all equipment and equipment sizing 24 to serve Applicant’s Electric Service needs based on load calculation forms and other supporting data 25 prepared and submitted by Applicant. Such determinations made by the City should not be considered a 26 warranty or guarantee concerning adequate transformer size or level of service. 27 E. Alternative Design
28 If Applicant desires an alternate method or route of construction (Alternative), for whatever reason, the 29 Applicant may prepare an Alternative, at Applicant’s sole expense. Alternative designs must be marked 30 by a professional electrical engineer stamp, or by other qualified personnel with Electric Department 31 approval, before the Alternative design is submitted to the Electric Department for review. Alternatives 32 must be submitted to the Electric Department in writing, and Applicant shall submit a monetary deposit 33 to the City against which the City will deduct amounts for the cost of the review of the Alternative. In all 34 cases, the City shall have the final determination of how and where the Electric Facilities will be 35 constructed. Applicant requests for an Alternative shall be considered to the extent the Alternative is 36 feasible and will not have a negative impact on any other person, entity, or property. 37 F. Right of Way on and in Proximity of Applicant Premises 38 The Applicant or property owner shall grant or cause to be granted to the City, without charge, right-of39 way over, along, across, and under the premises and any adjacent road right-of-way for the 40 construction, operation, maintenance, and repair of the City’s lines, appurtenances, and equipment 20 1 connected or used in conjunction with Electric Service. The City and its representatives may enter to 2 construct, operate, maintain, repair, or perform any other duties necessary to maintain the City’s 3 facilities, including the right to undertake vegetation management efforts. 4 Providing a cleared right-of-way is the responsibility of the Applicant for Electric Service connection. The 5 City shall assess the Applicant for any costs incurred by the City in connection with procurement of said 6 right-of-way. In such cases, Applicant shall make an advance contribution covering such costs. Applicant 7 shall provide or pay for costs incurred by tree or brush clearing on right-of-way for initial clearing to the 8 satisfaction of the City.
9 After construction of electric service equipment, vegetation clearing to protect equipment at 10 distribution voltage (i.e., 12-kV) or greater will be provided by the City. Vegetation clearing to protect 11 equipment below distribution voltage is described under the definition of “Utility Connection Point.” 12 G. Estimated Construction Schedule
13 At the time all pre-construction requirements are met, the Applicant shall indicate if the project shall 14 proceed. After all pre-construction requirements are met, the Applicant may request the City to indicate 15 an estimated construction schedule. The estimated construction schedule is subject to revision for 16 reasons including but not limited to inclement weather, allocation of City resources for maintenance of 17 City electric assets or power restoration, equipment breakdown, unavailability of materials, other 18 construction obstacles that delay process, or unforeseen circumstances. If the Applicant does not 19 proceed with the project within 12 months of the completion of all pre-construction requirements, the 20 Applicant will be required to reapply under the application process in effect at that time. 21 H. Electric Service Connection Policy
22 Applicant and City responsibilities are further defined by the Electric Service Connection Policy, as it may 23 be amended from time to time.
24 4. Access, Tampering, and Energy Theft
25 A. Right of Access
26 Customer shall provide the City with immediate and unhindered access, without notice, to and from the 27 Customer Premises for any purpose reasonably connected with the supply of Electric Service, including 28 but not limited to, inspection, reading, testing, maintenance, removal, and replacement of City 29 Equipment. When access to Customer Premises is not immediate and unhindered, City may take any 30 enforcement actions permitted under applicable laws and regulations. Furthermore, the City may 31 require Customer to provide, without cost to the City, a new approved location for access to City 32 Equipment.
33 B. Tampering and Energy Theft
34 Tampering with City power equipment and theft of Electric Service are each a violation of the California 35 Penal Code Section 498 and local law. In addition to the penalties for theft of Electric Service set forth in 36 law, as they may be amended from time to time, such conduct shall constitute grounds for the City to 37 Discontinue Electric Service until such time that all applicable conditions and charges are completed to 38 the satisfaction of the City for Restoration of Electric Service, including reimburse of the City’s Total Cost 39 of Disconnection and Reconnection and the City for the full value of Electric Service unlawfully obtained. 21 1 5. Description of Electric Service
2 A. Coverage Area
3 City provides Electric Service within the corporate city limits of the City and areas adjacent to the City in 4 Shasta County, except those areas served by an incumbent Electrical Corporation or Publicly Owned 5 Electric Utility that is not the City, as those terms are defined in California state law. All purchased 6 Electric Service within the City’s assigned area shall be supplied exclusively by the City. City may restrict 7 or deny Electric Service based on limitations of feasibility, policies and procedures of the City, and 8 applicable legal and regulatory requirements.
9 The City disclaims any and all liability for damage to Customer property incident to the installation, 10 maintenance, or repair of the electric facilities if such damage was not caused by its own negligence. 11 B. Characteristic of Electric Service
12 The character of Electric Service to be made available to each Customer shall be dependent upon:
13 • The feasibility and availability to provide Electric Service at the proposed location 14 • The size of load
15 • The operating characteristics of the Customer’s equipment 16 Subject to the conditions listed below, single-phase or three-phase service will be supplied as required 17 by the Customer in accordance with the appropriate rates. Single-phase service will not be supplied to 18 Customers whose meter demand exceeds 400 Amp. Three-phase, 277/480V service is reserved for non19 residential Customers; or in application where the Director may consider net estimated installed cost as 20 equitable, considering all circumstances.
21 Alternating current service of approximately 60-cycle frequency will ordinarily be supplied at the 22 following nominal secondary voltages. All new services shall be underground, unless approved by the 23 Director.
24 • 1-phase, 120/240V, 3-wire
25 • 1-phase, 120/208V, 3-wire network (i.e., multi meter installation) 26 • 3-phase, 120/208V, 4-wire Wye
27 • 3-phase, 277/480V, 4-wire Wye (non-residential, only) 28 Electric Service existing as of January 1, 2020 at voltages other than those above are grandfathered, 29 except in the event of service changes (such as service upgrades) or reconnection, at which time the 30 Director may require the electric service to convert to a standard voltage at the Customer’s expense. 31 City shall provide Electric Service at secondary voltage, unless otherwise determined by the Director for 32 certain types of loads, under which case the City may determine to provide service at transmission or 33 primary voltage. Customer shall be responsible for all costs to provide adequate protection, as 34 determined by the Director, to prevent any adverse impact to the City’s electric grid and interconnected 35 electric systems.
36 C. Temporary Electric Service
37 Customers requiring Electric Service on a temporary basis for construction or other activity leading to a 38 permanent Electric Service may request Temporary Electric Service from the City. Customer shall 22 1 provide a non-refundable deposit sufficient to address all costs for connection and disconnection 2 incidental to the supplying and removing of infrastructure necessary to provide Temporary Electric 3 Service as determined by the Director. Customer shall be billed, and Customer shall pay in full and in a 4 timely manner, for Temporary Electric Service at applicable rates under the rate classification 5 determined by the Director. The maximum duration for Temporary Electric Service is 12 consecutive 6 months from the initiation of Temporary Electric Service at the Premises. 7 D. Continuity of Electric Service
8 City shall exercise reasonable diligence and care to furnish and deliver a continuous and sufficient supply 9 of Electric Services and to maintain frequency and service voltage within reasonable limits (e.g., ANSI 10 C84.1) to the Customer, but the City does not guarantee continuity, sufficiency, frequency, or voltage of 11 supply. City will not be liable for any damage resulting from the interruption, shortage, or insufficient 12 supply of Electric Services to the Customer.
13 City shall have the right to temporarily suspend Electric Service whenever necessary to make repairs or 14 improvements to City Equipment or as other operational circumstances arise. When practical, notice will 15 be given to Customers affected thereby, and the repairs or improvements will be completed as rapidly 16 as possible during normal City working hours, and where possible, with the least inconvenience to the 17 Customers. Customer may request the City, and the Director may authorize in the City’s sole option, to 18 perform the work during other than normal City working hours for the increased convenience of the 19 Customer, providing that the Customer agrees in writing, prior to the performance of said work, and 20 provides advanced payment for the Total Cost incurred by the City as a result of performing said work at 21 other than during normal City working hours.
22 E. Relocation of City Facilities
23 If the City is asked to move any of its electric equipment temporarily or permanently, to provide physical 24 clearance for any reason, a deposit to cover all the City’s estimated expenses is required. The payment 25 for the move of facilities must be made before the move takes place. Only authorized City 26 representatives may move or remove any facilities belonging to the City. The actual cost of the move 27 shall be borne entirely by the person or persons requesting such moving of facilities. Any move or 28 removal of City facilities upon request of any governmental authority shall be in accordance with 29 applicable franchise, ordinances, statutes, or regulations. If the facilities must be placed in a public road 30 right-of-way, the requesting party may be required to pay an additional charge to reflect the potential of 31 future relocation requirements.
32 F. Customer-owned Equipment
33 Customer is required to maintain all Customer-owned equipment in good working order. City reserves 34 the right to immediately disconnect Electric Service if said equipment is found to be in disrepair. 35 Customer agrees to provide space for any City equipment required to serve the Customer at all times. 36 Customer who installs any load-side electric generating and or storage equipment must furnish a 37 physical switch, located on the exterior of the building that is physically accessible to City and public 38 safety personnel at all times, that is capable of isolating the entirety of the Customer load and 39 Customer’s load-side equipment from the City’s grid, to the satisfaction of the City, such as an external 40 main electric service disconnect.
23 1 6. Metering
2 A. Placement
3 The Customer must provide a location for the installation and operation of the City’s electric meter that 4 must always be outside the building and physically accessible to City personnel without interference at 5 all times of day, and the Director or designee shall solely determine the acceptability of such meter 6 locations. If the Customer or agent alters the building or anything else that in any way causes the meter 7 to no longer be located outside the building, or physically accessible, the Customer shall notify the City. 8 In the event a meter is not accessible as defined by this provision, the City shall have the right to move 9 the meter to an accessible location, at Customer’s sole expense. The City reserves the right to suspend 10 Electric Service while the meter is inaccessible.
11 B. Ownership
12 The City shall own the electric meter used to provide Electric Service and will furnish and install the 13 meter at Customer’s expense. The Customer must supply a meter base acceptable to the Director for 14 meter installation at Customer’s own expense. The Customer must furnish and install the conductor, 15 conduit, disconnect and all other required appurtenances. On loads requiring current transformer 16 metering, the City will install the current transformer at Customer’s expense. Where state regulations 17 and local ordinances require inspection and approval of Customer’s wiring by local authorities, such 18 inspection shall be completed and certificate of approval obtained before the City will render service. 19 C. Tampering
20 Only authorized City representatives are authorized to install, remove, inspect, perform service, or 21 otherwise physically interact with a meter. Visible seals will be placed by the City on all meters and 22 meter enclosures and such seals shall not be broken or disturbed by anyone other than authorized 23 representatives of the City. Tampering with seals or any wiring between the meter and the City’s service 24 wires by anyone other than authorized City representatives shall be administered under Section 4. 25 D. Meter Reading and Functionality
26 Meters shall be read by a representative of the City or by an automatic meter reading device. Meters 27 normally shall be read in accordance with the City’s established bill cycles as they may be modified from 28 time to time. The City may estimate the reading in lieu of an actual meter reading if the City is unable to 29 retrieve actual meter readings for any reason. The meter may include additional or special equipment 30 that enables certain functions to be performed from a remote location. 31 E. Meter Testing
32 The City will, at its own expense, periodically inspect meter data of a sample of its meters in order to 33 maintain a high standard of accuracy. The City will make additional tests or inspections of its meters at 34 the request of the Customer, such tests being provided at no cost of the Customer one time in a rolling 35 five-year period. If tests made at the Customer’s request show that the meter is accurate within two 36 percent, slow or fast, no adjustment will be made on the Customer’s bill. In case the test shows the 37 meter to be in excess of two percent fast, an adjustment shall be made on the Customer’s bill over a 38 maximum period allotted to correct for billing errors in the City Code prior to the date of such test, and 39 the cost of making the test shall be borne by the City and the Customer’s request for a test shall not be 40 considered as a Customer request for inspection. In case the test shows the meter to be in the two41 percent accuracy, or to be slow, no adjustment will be made in the Customer’s bill, and the cost of 24 1 making the test shall be borne by the Customer if the Customer has had a meter test within the previous 2 five years. The cost of the test of the meter shall be the product of: the actual hours of each City 3 Employee involved in the testing process and each City Employee’s fully-loaded labor rate. Customer 4 must provide a deposit sufficient to fund the estimated cost of the meter test, as determined by the 5 City, prior to the City testing the meter.
6 F. Metering Point
7 Each service parcel shall have a single point of service unless deemed impractical by the Director. Each 8 dwelling unit of a multi-occupancy premises must be separately metered, except when: electricity is 9 used exclusively for centralized heating, cooling, water heating, or ventilation; in a facility that provides 10 services exclusively for elderly or handicapped persons where utility costs are not apportioned to 11 individual tenants; or a Master Meter Service existed as of January 1, 2020. 12 This provision shall not be construed to prohibit the City from requiring more extensive individual 13 metering that is otherwise required.
14 G. Resale of Electricity
15 The Electric Service furnished by the City is for the sole use of the end-user. No person, company, or any 16 other entity shall sell or redeliver Electric Service to any other person, company, or any other entity 17 unless under the circumstances and conditions below or unless written consent is provided by the City. 18 Electric Service may be resold under the following circumstances and conditions without additional 19 written consent of the City.
20 • A landlord may resell Electric Service to a tenant at a cost identical to the cost of Electric Service 21 of the City that would apply if the City were to provide Electric Service directly to the tenant. 22 • Owner(s) of a property with a Master Meter Service may resell Electric Service to tenants served 23 by that Master Meter Service under either of the following conditions:
24 o Energy is separately metered and resold at energy and demand rates identical with the 25 energy and demand rates of the City that would apply if that Electric Service was 26 furnished to the individual tenants or units directly by the City, regardless of the rates 27 the Owner is charged; and the total dollars collected by the Customer (from tenants) 28 does not exceed the actual costs billed to the Customer by the City, except for 29 reasonable administrative costs; and/or
30 o The charge to the tenants for such Electric Service is absorbed in the rental charges for 31 that individual tenant or unit with no separate identifiable charge for Electric Service, 32 and the rent does not vary with electric consumption. 33 As a condition of Electric Service where resale occurs under the provisions above, Customer agrees that 34 the City may inspect and examine the Customer’s billing to determine that such Electric Service is made 35 in accordance with City Rules and Regulations. City must submit its request for review in writing and 36 Customer has 30 days to provide all applicable data. 37 If Electric Service is resold in violation of this provision, Electric Service may be Discontinued and/or the 38 City may furnish Electric Service directly to the end-user. If Electric Service is Discontinued for this cause, 39 all applicable Restoration conditions shall apply.
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Report and Recommendations 6 Reviewed and Approved
City Manager
AGENDA ITEM
City Council Meeting
TO: Mayor and City Council Members
FROM: James Takehara, Electric Utility Director
DATE: November 9, 2022
SUBJECT: Electric Vehicle Charging Station at City Hall with Associated Policies, Fees, and Rates
FILE NO: New
RECOMMENDATION:
Staff recommends the City Council adopt resolutions authorizing the City Manager to implement an electric vehicle charging station at the City Hall campus with associated policies, fees, and rates.
BACKGROUND:
On August 25, 2022, the California Air Resources Board (CARB), a division of the California Environmental Protection Agency, adopted regulations that requires automobile makers to deliver an increasing number of zero-emission light-duty vehicles each year. News articles described this as “a ban on gas-powered cars by 2035.” However, this description may be oversimplified. The CARB’s mandate applies to all light-duty vehicles (i.e., cars, common pickup trucks, SUVs, crossovers, etc.) and affects both common transportation fuels (i.e., gasoline and diesel). The focus on 2035 is also misleading, as that is when the CARB mandate must be fully implemented. In fact, the regulations will start to impact the market for new light-duty vehicles in 2026, where at least 35% of new vehicles sold must meet the mandate, growing to 68% by 2030, and 100% by 2035. Whether this policy objective is achievable without major issues to the electric grid or not, it is generally anticipated that electric vehicles (EVs) will become a more common mode of transportation. As a result, the Electric Department has identified this forced increased adoption of EVs and associated charging equipment to be a key strategic issue for proper grid planning, reliable electric operation, and affordable rates. However, the Electric Department is finding that usable operational data is difficult to find to support these objectives. 43 DISCUSSION:
To help the Electric Department prepare for the potential increased adoption of EVs, and to make up for the lack of available data for proper grid planning, staff proposes to install two “Level 3” (i.e., 480 volt) charging pedestals1 at the City Hall campus. Electric Vehicle Charging Stations (EVCS) have the potential to place noticeable electric demands on the City’s electric grid when widely deployed. Private property owners are empowered to install these types of devices on their property and are given broad authority to do so under State law (i.e., EV infrastructure is a matter of statewide concern, not a municipal affair). To date, no entity has sought to install a public EVCS within the City’s electric service territory. It would be prudent to gain operational experience before privately-operated EVCS become mainstream to ensure policies, rates, and fees are appropriate and the City electric utility can serve these new electric uses while continuing to reliably serve the Shasta Lake community.
Proposed Location
Staff is proposing to install the EVCS in the City Hall campus, as it is furthest along to host a City-Owned EVCS and has other positive attributes. The City owns the property; the electric utility infrastructure is more than adequate to support the project; the location is monitored with security cameras and has a law enforcement presence; the location is about 1 mile from Interstate 5; and the location is within ¼ mile of a park, a grocery store, and establishments that serve food and drinks. Also, the City is developing concepts for other possible improvements to the City Hall campus that may include walking trails, a skateboard park, and increase streetside parking.
The exact location for the EVCS
equipment in the parking lot was
discussed at the Electric Committee
(EC), which met on 8/10/22 and
11/2/22, and the location is illustrated
at right. The location was selected
because staff and the EC expect that
the EVCS is more likely to be used by
EV drivers who are passing through
the City rather than those who are
accessing buildings in the City Hall
campus. Therefore, it makes sense to
dedicate parking spots for this EVCS
project away from the buildings to
preserve closer parking for the
buildings’ users.
The Charging Equipment
Charging pedestals are fully integrated devices that contain the credit card / point of sale technology, supporting mobile phone apps as an alternative way of initiating a charge, and all electronics to perform their functions. Sourcewell, a company that assists public agencies with 1 Industry lingo refers to these devices as “level 1,” “level 2,” or “level 3.” This generally refers to the service voltage. Level 1 is the standard 120-volt three prong plug that most common appliances use. Level 2 is 240-volt that electric clothes dryers use, and this is fast becoming the standard for in-home electric car charging. Level 3 is 480- volt, which is typically used in industrial processes. The time to charge a vehicle is cut in half at each increase in “level” because electric load roughly doubles at each level. 44 competitive bidding, issued RFP #042221 for EVCS equipment and related services, received several responses, and selected the company, ChargePoint, as their top respondent. As a member of Sourcewell, the City has the ability to utilize the Sourcewell RFP. Staff recommends using this public purchase mechanism to select the ChargePoint devices for this project.
Policies, Fees, and Rates
Policies, fees, and rates must be considered for an EVCS. First, City must consider policies that recognize EV charging as a new electric use on the electric grid. As noted above, the CARB proudly announced its new mandate on 8/25/2022, while on 8/31/2022 Californians were told not to charge their electric cars due to anticipated power supply shortfalls. In recognition of the state of the CA power grid, staff proposes to amend the Electric System Rules and Regulations to require that public EVCS located in the City’s electric service territory participate in Demand Side Management (“DSM”) Programs. Specifically, the DSM would allow the City to interrupt electric service to public EVCS during times of electric emergencies or a declared state of emergency. The purpose is to prevent public EV charging from contributing to the CA power grid’s struggles and to reduce the chances that the City’s homes and businesses face rolling blackouts.
Second, it appears to be common practice to apply a parking fee to use public EVCS. The rationale is that while the spot is occupied, particularly after the charging cycle is complete, the space should be vacated to allow an opportunity for the next user of the facility. Said differently, if the space is occupied, but the public EVCS is not being used by that parked vehicle, it prevents the next transaction from occurring. Therefore, staff proposes to charge a parking fee of $0.05/minute while charging at a City-operated EVCS and $0.10/minute while not charging to be applied after a 5-minute grace period. Parking fees would be recorded to the General Fund.
This concept is presented to the City Council for consideration under a separate resolution that establishes parking meter zones when the conditions above are met, under Municipal Code
10.36.220.
Third, there is the matter of the electric rates, which is a “two-sided” market in this case. That is, the City must consider rate policies for (1) the EV drivers who are charging their vehicles, and (2) the owner/operator of the EVCS. To address the first side of the market, staff requests the City Council adopt a rate of $0.25/kWh to be applied at the point of sale of the City’s EVCS. This price point is competitive with other EVCS in the surrounding areas. For reference, Residential customers are charged an energy rate of $16.298/kWh.
To address the second side of the “two-sided” market, the owner/operator of the EVCS will be treated as a standard electric customer by the City. There will be a City-owned electric meter, a rate class will be assigned, a utility bill will be issued to this Customer, and it is expected to pay that utility bill in full each month. The City does not currently have a rate class specific for this purpose, but temporarily using an existing rate class appears sufficient.
Staff requests the City Council to temporarily assign the “small industrial” rate class for public EVCS until such time a dedicated rate class is developed through a cost-of-service analysis, if appropriate. When assigning a rate class, it is important to consider how the customer will use electricity compared to other customers within that same rate class. One important factor is how customers’ electricity consumption (energy) compares to the size of their electric service (demand). In this way, public EVCS are expected to perform quite differently than commercial customers. A typical commercial customer would ask for a larger electric service if they consume more electricity. In contrast, a public EVCS is expected to have a large electric service but consume relatively low amounts of electricity as this equipment will sit idle much of the time. 45 Because of this odd characteristic (i.e., larger electric service but low electricity consumption), applying an electric rate solely on the electricity delivered would not properly pass through all costs incurred by the electric utility, as it would under collect for the large electric service. The small industrial rate class addresses this by charging for demand and energy consumption separately.
Applying the small industrial rate class to a public EVCS has the potential to create a high average cost of electricity for the public EVCS operator because utilization is expected to be low while the automobile market transitions away from gasoline and diesel. To address this, staff further requests the City Council to authorize use of greenhouse gas (GHG) auction proceeds to reduce the demand rate through 12/31/2026. The purpose of using GHG auction proceeds is to reduce the average cost of electric service ($/kWh) to owners/operators of EVCS while this technology is in a state of transition. The rate reduction would only apply if the savings are passed on to the end user and would be applied on a first-come, first-served basis.
FISCAL IMPACTS:
The requested budget for the EVCS project is $400,000.00 including contingency. The budget considers costs of consultants, design, construction, site preparation, and other related matters.
Staff proposes using greenhouse gas auction proceeds to cover all implementation costs, so this would not be rate impacting.
Staff requests authorization to use greenhouse gas auction proceeds to reduce the demand charges to the EVCS operator/operator by up to 80%, 70%, 50%, and 16% during 2023-2026, respectively, up to $100,000 per year.
Expected revenue is difficult to forecast since it depends on the number of EVs adopted and the number of those EV drivers who decide to stop at City Hall to charge their vehicles. Regardless, the electric rates noted above are designed to be revenue neutral.
ATTACHMENTS:
Resolutions
Summary of EVCS Policy Changes
DISTRIBUTION:
City Council
46 RESOLUTION NO. CC-2022-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHASTA LAKE AUTHORIZING THE CITY MANAGER TO IMPLEMENT A LEVEL 3 ELECTRIC VEHICLE CHARGING
STATION AT CITY HALL AND APPROVING RELATED POLICIES, FEES, AND RATES WHEREAS, California regulators have adopted aggressive new mandates that is expected to transform the market for new light-duty vehicles starting in 2026; and WHEREAS, electric vehicles are expected to become more common and these devices have the potential to create noticeable changes in electricity usage levels and patterns; and WHEREAS, the City installed minor infrastructure at City Hall at the time of its construction to facilitate electric vehicle charging; and
WHEREAS, installing an electric vehicle charging station at City Hall would allow the City’s departments to begin gathering planning and operational data on these devices, drivers’ usage patterns, and load diversity to improve grid planning on future development and modifications to existing facilities; and
WHEREAS, the City recognizes that the new electric use from public EV charging can contribute to the burden of an already strained California electric system and desires to implement demand side management practices to reduce the probability that EV charging interrupts services to homes and business within the community; and WHEREAS, the City desires to apply a point-of-sale rate of $0.25/kWh, and to use the small industrial electric rate for utility billing purposes until a permanent rate is developed at a later date; and
WHEREAS, the City desires to use greenhouse gas auction proceeds to offset all capital cost of the electric vehicle charging station, and to discount the demand charges applied to utility billing, by 80%, 70%, 50%, and 16% during calendar years 2023-2026, respectively, up to $100,000 per year; and
WHEREAS, the City is a member of Sourcewell, a local agencies that facilitates competitive public solicitation and contract awards for its members, who issued RFP #042221 for electric vehicle charging equipment and related services and selected ChargePoint as its top respondent; and
WHEREAS, the Electric Committee met on August 10, 2022 and November 2, 2022 to discuss this matter and support the concepts contained herein; and WHEREAS, the City desires to install electric vehicle charging equipment at the City Hall Campus with these policy, fees, rates, and funding sources.
NOW, THEREFORE, BE IT RESOLVED that the City of Shasta Lake City Council:
47 1. Authorizes the City Manager to enter into the necessary purchase and service agreements to implement the electric vehicle charging station project a City Hall under a total budget appropriation of $400,000.00 using “greenhouse gas auction proceeds”;
2. Authorizes the City Manager to purchase two Level 3 electric vehicle charging station equipment and related services from Sourcewell’s selected respondents to RFP #042221;
3. Authorizes the City Manager to implement changes to policies, fees, and rates, as described in the attached “Public Electric Vehicle Charging Station Policy Change Summary” dated November 9, 2022.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Shasta Lake held on November 15, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
RICK KERN, Mayor
ATTEST: _____________________________
TONI M. COATES, CMC
City Clerk
48 RESOLUTION NO. CC-2022-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHASTA LAKE
ESTABLISHING PARKING METER ZONES IN MUNICIPAL LOTS
FOR SPACES EQUIPPED WITH ELECTRIC VEHICLE CHARGING EQUIPMENT WHEREAS, the City of Shasta Lake (City) desires to purchase, install, and operate an electric vehicle charging station (EVCS) at the City Hall Campus that would be made available for public use; and
WHEREAS, it is common for public EVCS to apply per-minute fees to regulate parking to ensure the associated parking spaces are utilized for their intended purposes; and WHEREAS, Municipal Code Chapter 10.36.220 governs parking meter zones, noting that: “The council may by resolution establish parking meter zones upon those streets or parts of streets or upon those municipal parking lots where it is determined that the installation of parking meters is required to regulate parking. Within such zones the parking of vehicles shall be regulated by parking meters between the hours specified by resolution of the council.” WHEREAS, staff intends to use built-in functionality of electric vehicle charging pedestals to implement any parking metering and collection of funds, with collections accruing to the General Fund; and
WHEREAS, the City desires to establish a parking meter zone in municipal parking lots pursuant to Municipal Code Chapter 10.36.220 for parking spaces equipped with electric vehicle charging equipment.
NOW, THEREFORE, BE IT RESOLVED that the City of Shasta Lake City Council:
1. Establishes parking meter zones in municipal parking lots for parking spaces equipped with electric vehicle charging equipment that are available for public use.
2. The parking fees are: (a) $0.05/minute while a vehicle is charging, after which time a 5- minute grace period shall apply with no parking fees, and (b) $0.10/minute while a vehicle not charging after the 5-minute grace period concludes.
3. The parking fees shall apply in these parking meter zones in all hours.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Shasta Lake held on November 15, 2022 by the following vote:
AYES:
NOES:
ABSENT:
_____________________________
RICK KERN, Mayor
ATTEST: _____________________________
TONI M. COATES, CMC
City Clerk
49 Public Electric Vehicle Charging Station
Policy Change Summary
November 9, 2022
Purpose and Motivation
This document summarizes key policy elements to facilitate the operation of public electric vehicle charging stations in the City of Shasta Lake.
Amendments to the Electric System Rules and Regulation
Definitions
The following definitions are added to the Electric System Rules and Regulations. “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
“Public charging station” means any charging station that is made available to the general public for use. This does not include a charging station at a multifamily facility that is made available only to the residents of that multifamily facility.
Demand Side Management Program
The following Demand Side Management Program is added to the Electric System Rules and Regulation.
Demand Side Management Program for Public Electric Vehicle Charging Stations All public charging stations shall be subject to demand side management, including full or partial curtailment of electric service during a declared state of emergency or under Energy Emergency Alert Level 2, or “EEA2,” system emergencies as declared by the City’s applicable balancing authority, or successor, as determined by the Director.
Electric Rates and Point of Sale Fees
Electric Utility Customer – Public Electric Vehicle Charging Station Operator City shall determine appropriate electric rate(s) and rate structure(s) for public electric vehicle charging purposes. City shall apply the “small industrial” electric rate and charges to public electric vehicle charging station operators until such time that a cost-of-service analysis can be completed and rate decisions are subsequently adopted by the City Council. City utility bills issued to the public electric vehicle charging station operator shall be based on the City’s electric meter readings.
Through 12/31/2026, the City Manager is authorized to utilize up to $100,000 in greenhouse gas auction proceeds per year, to reduce the demand rate charged to public electric vehicle charging station operators on the City electric utility bill by as much as 80% in 2023, 70% in 2024, 50% in 2025, and 16% in 2026. Such reductions shall be available to any public electric vehicle charging station operator on a first-come, first-served basis, with all applicable details of operator’s request provided in full and on a 50 form approved by the Electric Utility Director. Such rebates shall only be provided if the associated savings are passed along to the end user. After the expiration of the reductions described above, all applicable fees and rates shall apply in full to the public charging station operator.
Point of Sale Fee
For City-operated public electric vehicle charging stations with utility service connection, or performance, at “level 3,” or 480 volts, the electric rate to be applied at the point of sale is $0.25/kWh. 51 Report and Recommendations 7 Reviewed and Approved
City Manager
AGENDA ITEM
City Council
TO: Mayor and City Council Members
FROM: Jessaca Lugo, City Manager
DATE: December 6, 2022
SUBJECT: DISCUSSION OF THE SHASTA LAKE FIRE PROTECTION DISTRICT
REQUEST FOR THE CITY TO IMPOSE A FEE FOR A COMMUNITY
FACILITIES DISTRICT (“CFD”) TO BE FORMED BY THE DISTRICT FILE: New
SUMMARY
At the request of the Shasta Lake Fire Protection District (“District”) discussion regarding a request for the City to impose a fee for a Community Facilities District (“CFD”) to be formed by the District.
BACKGROUND
In late 2020, the Shasta Lake Fire Protection District notified the City of their intent to form a CFD to fund revenue deficiencies of the district and requiring the City to condition all development projects. Projects would be subject to a levy of an annual CFD special tax. The letter also stated that if the development fails to form a new CFD or annex to an existing CFD, no further building permits for the property shall be issued.
The City reviewed the proposal and requested further information on the proposed policy relating to CFD’s. A meeting with Chief Beck and the district’s consultant later revealed the intent was to require CFD’s on all building permits. The City notified the district that building permits were not discretionary but ministerial actions, therefore the request of the district could not be implemented. After several months of correspondence, the City requested a meeting with the district consultant, which later clarified it was not the intention of the district to condition all development, only projects that require discretionary approval. The City supports the efforts of the district, but also notified the district not all discretionary projects would be subject to a CFD, this includes cannabis permits, short-term rental approvals, grading permits, etc. In short, it is not a one size fits all approach, and projects that will place an increased burden on the district should be brought forward by the district when those projects arise.
Chief Beck emphasizes in his letter that the current district funding only allows for 50% of the required staffing. This figure is concerning, and all available measures should be explored to address any shortfalls that leave the City at risk. Acknowledging the importance of fire prevention in our City, the City of Shasta Lake has taken necessary steps to help the Shasta Lake Fire Protection Districts mission including the following:
52 • CalFire Wildland Fire Protection Agreement (WFPA) – City funded $140,000 annual contract
The WFPA makes Cal Fire resources available for incidents inside the coverage area immediately on dispatch, which is expected to substantially reduce the time for fire suppression personnel and resources to arrive on scene. It is important to draw attention to the WFPA as it identifies the Cal Fire resources that are part of the preplanned initial attack response for incidents inside the coverage area, which are listed below.
Risk
Level
Dozer Engines Chief
Officer
Hand
Crews
Copter Air
Attack
Air
Tanker
Low 0 2 1 0 0 0 0
Med 1 4 1 1 1 1 1
High 2 6 1 2 1 1 2
• Shasta Lake Fire Protection District Fire Prevention Officer Since 2019, the City funded $23,110 annually to the SLFPD to fund a portion of the Shasta Lake Fire Prevention Officer salary
• City of Shasta Lake Fire Prevention Coordinator – In early 2022, the City hired a PT staff person to oversee and manage the City’s fire prevention activities. • 2022 completion and adoption of a Local Hazard Mitigation Plan and Safety Element. • 2022 Wildfire Preparedness Guide
The City of Shasta Lake developed and funded a Wildfire Preparedness Guide to raise public awareness regarding prevention of wildfires and in the event of a catastrophic wildfire, including how to prepare and safely escape. The City included SLFPD, CalFIRE, and other agencies to provide this life saving information to our community.
• The City has implemented or received approximately $2M in local and CalFIRE grant funding to complete critical fuel reduction work throughout the City. All fuel reduction work is administered by City staff.
The City appreciates the efforts of the District in identifying revenue sources to fund operations.
The City is equally concerned with the current budget and staffing shortfalls of the district.
While the formation of a CFD is an option, unfortunately single-family and multi-family unit production (+- 20 per year) specific to Shasta Lake will not resolve the immediate nor long term revenue shortfall of the district. Based on the information in the districts letter, in addition to a new CFD the need for other revenue alternatives should be explored.
We look forward to ongoing cooperation between the District and the City.
FISCAL IMPACT
No Fiscal Impact
ATTACHMENTS
November 7, 2022 Letter – Shasta Lake Fire Protection District
DISTRIBUTION
City Council
City Attorney
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