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Ordinance No. 1239ORDINANCE NO. 1239 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING (A) SECTION 30.8 OF ARTICLE II OF CHAPTER 30 OF THE VERNON MUNICIPAL CODE; AND (B) RULE NO. 18 OF THE CITY OF VERNON RULES FOR ELECTRIC SERVICE TO CLARIFY THE PROHIBITION ON PRIVATE SALE/RESALE OF ELECTRICITY WHEREAS, the City of Vernon (the "City") is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of California; and WHEREAS, pursuant to Article XI, Section 9, of the California Constitution, the City operates its own electric system and has the authority to make rules and regulations therefor; and WHEREAS, the City adopted those rules promulgated by Energy Services, Inc., a subsidiary of Southern California Edison Company, which operated the Vernon Electric System until its contract expired in 1989; and WHEREAS, said rules, which incorporated provisions pertaining to Southern California Edison Company and the California Public Utilities Commission, have been revised from time to time in order to meet the unique needs of Vernon Electric System customers; and WHEREAS, with the advent of new clean vehicle technology, Vernon businesses have begun or may begin to install electric vehicle charging stations on their premises for the benefit of their employees, guests and/or customers; and WHEREAS, such charging stations use the City's electricity generated or provided by the Vernon Electric System; and WHEREAS, the City desires to regulate any third party's ability to sell or re -sell such electricity. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that all of the foregoing recitals are true and correct. SECTION 2: The City Council of the City of Vernon hereby amends (A) Section 30.8 of Article II of Chapter 30 of the Vernon Municipal Code; and (B) Rule No. 18 of the City of Vernon Rules for Electric Service, as set forth in Exhibit A which is attached hereto and incorporated by reference. SECTION 3: Any ordinance or parts of ordinances in conflict with this Ordinance are hereby repealed. SECTION 4: Severability. If any chapter, article, section, subsection, subdivision, paragraph, sentence, clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more chapters, articles, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases or words be declared unconstitutional, or invalid, or ineffective. SECTION 5: Book of Ordinances. The City Clerk, or Deputy City Clerk, shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and the City Clerk's, or Deputy City Clerk's, certification to be entered in the Book of Ordinances of the - 2 - Council of this City. The City Clerk, or Deputy City Clerk, shall cause this ordinance to be published or posted as required by law. SECTION 6: Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty- first (31st) day after its passage. APPROVED AND ADOPTED this 21St day of February, 2017. Name: William J. Davis TEST: M ria E . ala City Clerk / APPROVED AS TO FORM: Brian Byun, Deputy ity Attorney Title: Mayor - 3 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Maria E. Ayala , City Clerk / Deputy Git y '_lei= k� of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1239 was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held in the City of Vernon on Tuesday, February 7, 2017, and thereafter adopted at a meeting of said City Council held on Tuesday, February 21, 2017, by the following vote: AYES: Councilmembers: Mayor Davis, Mayor Pro-Tem Woodruff -Perez, Lopez, Martinez, Ybarra NOES: Councilmembers: None ABSENT: Councilmembers: None And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this Z 3 day of February , 2017, at Vernon, California. (SEAL) - 4 - Mar' a E. Ayal City Clerk / n p : y Git-y G e rk EXHIBIT A EXHIBIT "A" CHAPTER 30 Vernon Electric System Article II Rules for Electric Service Section 30.8. Adoption of Rules. The rules for electric service for the Vernon Electric System shall consist of the following numbered rules which are made a part hereof by reference: Rule No. 1: DEFINITIONS Rule No. 2: DESCRIPTION OF SERVICE Rule No. 3: APPLICATION FOR SERVICE Rule No. 4: CONTRACTS Rule No. 5: SPECIAL INFORMATION REQUIRED ON FORMS Rule No. 6: ESTABLISHMENT AND REESTABLISHMENT OF CREDIT Rule No. 7: PREPAYMENTS Rule No. 8: NOTICES Rule No. 9: PRESENTATION AND PAYMENT OF BILLS Rule No. 10: DISPUTED BILLS Rule No. 11: DISCONTINUANCE AND RESTORATION OF SERVICE Rule No. 12: RATES AND OPTIONAL RATES Rule No. 13: TEMPORARY SERVICE Rule No. 14: SHORTAGE OF SUPPLY AND INTERRUPTION OF DELIVERY Rule No. IS: LINE EXTENSIONS Rule No. 16: SERVICE CONNECTIONS AND FACILITIES ON CUSTOMER'S PREMISES Rule No. 17: METER TESTS AND ADJUSTMENT OF BILLS FOR METER ERROR Rule No. 18: SUPPLY TO SEPARATE PREMISES; TRANSMISSION AND GENERATION; AND USE BY OR SALE OR RE -SALE TO OTHERS CITY OF VERNON UTILITIES DEPARTMENT RULES FOR ELECTRIC SERVICE Rule No. 18: SUPPLY TO SEPARATE PREMISES; TRANSMISSION AND GENERATION; AND USE BY OR SALE OR RE -SALE TO OTHERS A. Separate Metering. Separate Premises will not be supplied through the same Meter, except as may be specifically provided for in the applicable Rate Schedule. B. Other Uses or Premises. Electricity received from the City shall not be used by the Customer upon other Premises or for other purposes than those specified in its application or in the applicable Rate Schedule. C. Transmission and Generation. It shall be unlawful for any person or entity, other than the City, to conduct, transmit, generate, or produce any electrical energy or power, in or outside the City for use, distribution, or sale within the City. Subject to subparagraph D below, this prohibition shall not apply to a City electrical customer's use of electric energy or power that it generates on -site from distributed generation. D. Use by or Sale or Re -Sale to Others. A Customer shall not charge for electricity or power, including for use of electric vehicle (EV) charging stations, except: 1. If the charge to tenants is absorbed in the rental for the Premises or space occupied; or 2. If the Customer is the owner, lessee, or operator of a multiple -occupancy Premises and provides submeters for the electricity used by tenants at the same rates that the City would charge for the service if supplied directly. In such cases, the Customer shall furnish, install, maintain and test the submeters; or 3. If the City Administrator, in the public interest and in his/her sound discretion, permits the Customer in writing to charge for the purpose of recouping capital costs; but under no circumstances for the purpose of generating a profit. The Customer agrees to allow the City to audit the Customer's books and records at reasonable periodic intervals (to be mutually agreed upon by the parties) to ensure compliance with any of the foregoing exceptions. TRANSMITTAL COMMUNICATION CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: February 23, 2017 TO: Kelly Nguyen, Director of Vernon Gas & Electric s FROM: Deborah Juarez, Records Management Assistant` RE: Ordinance No. 1239 — An Ordinance of the City Council of the City of Vernon Amending (A) Section 30.8 of Article II of Chapter 30 of the Vernon Municipal Code; and (B) Rule No. 18 of the City of Vernon Rules for Electric Service to Clarify the Prohibition on Private Sale/Resale of Electricity Transmitted herewith is a copy of Ordinance No. 1239 referenced above, which was approved by City Council on February 21, 2017. Thank you. Attachment c: Ordinance No. 1239 STAFF REPORT 1 Zvi 02/7Z// 7Z I/- 7Z STAFF REPORT 2017 (8 2 --2-0 GAS & ELECTRIC DEPARTMENT DATE: February 7, 2017 TO: Honorable Mayor and City Council FROM: Kelly Nguyen, Director of Gas & Electric Department I, t,� Originator: Jessica Balandran, Administrative Analyst G RE: Public Hearing of an Ordinance Amending Section 30.8 of the Vernon Municipal Code and Rule 18 of the City of Vernon Rules for Electric Services to Clarify the Prohibition on Private Sale/Resale of Electricity Recommendation A. Find that the ordinance amendment to Section 30.8 of the Vernon Municipal Code referenced in this staff report is exempt under the California Environmental Quality Act ("CEQA") review, because it is a continuing administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Conduct a Public Hearing; and C. Approve the first reading, and adopt at a subsequent meeting, an ordinance amending Section 30.8 of Article II of Chapter 30 of the Vernon Municipal Code and Rule No. 18 of the City of Vernon Rules for Electric Service to clarify the prohibition on private sale/resale of electricity. Background The Gas and Electric Department promotes new clean vehicle technology. Vernon businesses have begun or may begin to install electric vehicle charging stations on their premises for the benefit of their employees, guests, and/or customers. In an effort to clarify and authorize certain new technologies, such as electric vehicle charging services, staff has identified language that does not adequately regulate third parties' ability to sell or re -sell electricity initially sold and provided by the City. Page 1 of 2 It is therefore, recommended that Section 30.8 of Article II of Chapter 30 of the Vernon Municipal Code, and Rule No. 18 of the City of Vernon Rules for Electric Service be amended as set forth in the ordinance and in Exhibit A attached thereto. Fiscal Impact None. Attachment(s) 1. Published Notice of Public Hearing 2. Proposed Amended Ordinance (Redlined) Page 2 of 2 City of Vernon NOTICE OF PUBLIC HEARING 4305 Santa Fe Avenue Vernon, CA 90058 (323)583-8811 The City Council of the City of Vernon will conduct two public hearings, which you may attend. PLACE: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 DATE & Tuesday, February 7, 2017 at 9:00 a.m. TIME; (or as soon thereafter as the matter can be heard) SUBJECTS: Public hearing of an ordinance amending Section 30.8 of Article II of Chapter 30 of the Vernon Municipal Code and Rule No.18 of the City of Vernon Rules for Electric Service to clarify the prohibition on private sale/resale of electricity. REQUEST: All parties are invited to be present and to submit statements orally or in writing before or during the applicable public hearing. REVIEW OF Subject documents are available for inspection by the public at Vernon City Hall, THE FILE: City Clerk Department, 4305 Santa Fe Avenue, Vernon, California 90058, Monday through Thursday, 7:00 a.m. to 5:30 p.m. and on the City's website at: hul:%/www.cityofvernon.orgi�oven-ment/�t!blic-meetin&s/cit -council PROPOSED Staff plans to .recommend that the Vernon City Council determine that the CEQA proposals will not have a significant effect on the environment and are exempt FINDING: from the California Environmental Quality Act (CEQA) If you desire to challenge the actions taken by the City Council or any portion thereof in court, you may be limited to raising only those issues you or someone else raised at the applicable hearing described in this notice or in written correspondence delivered to the City of Vernon during, or before, the hearing. Americans with Disabilities Act (ADA): In compliance with ADA, if you need special assistance to participate in the meeting, please contact the Office of the City Clerk at (323) 583-8811. The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and place without further official notice of the public hearings. Dated: Kelly n,crt%G-a—sb-..,_... &Electric ORDINANCE NO. 1239 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING (A) SECTION 30.8 OF ARTICLE II OF CHAPTER 30 OF THE VERNON MUNICIPAL CODE; AND (B) RULE NO. 18 OF THE CITY OF VERNON RULES FOR ELECTRIC SERVICE TO CLARIFY THE PROHIBITION ON PRIVATE SALE/RESALE OF ELECTRICITY WHEREAS, the City of Vernon (the "City") is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of California; and WHEREAS, pursuant to Article XI, Section 9, of the California Constitution, the City operates its own electric system and has the authority to make rules and regulations therefor; and WHEREAS, the City adopted those rules promulgated by Energy Services, Inc., a subsidiary of Southern California Edison Company, which operated the Vernon Electric System until its contract expired in 1989; and WHEREAS, said rules, which incorporated provisions pertaining to Southern California Edison Company and the California Public Utilities Commission, have been revised from time to time in order to meet the unique needs of Vernon Electric System customers; and WHEREAS, with the advent of new clean vehicle technology, Vernon businesses have begun or may begin to install electric vehicle charging stations on their premises for the benefit of their employees, guests and/or customers; and WHEREAS, such charging stations use the City's electricity generated or provided by the Vernon Electric System; and WHEREAS, the City desires to regulate any third party's ability to sell or re -sell such electricity. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that all of the foregoing recitals are true and correct. SECTION 2: The City Council of the City of Vernon hereby amends (A) Section 30.8 of Article II of Chapter 30 of the Vernon Municipal Code; and (B) Rule No. 18 of the City of Vernon Rules for Electric Service, as set forth in Exhibit A which is attached hereto and incorporated by reference. SECTION 3: Any ordinance or parts of ordinances in conflict with this Ordinance are hereby repealed. SECTION 4: Severability. If any chapter, article, section, subsection, subdivision, paragraph, sentence, clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more chapters, articles, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases or words be declared unconstitutional, or invalid, or ineffective. SECTION 5: Book of Ordinances. The City Clerk, or Deputy City Clerk, shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and the City Clerk's, or Deputy City Clerk's, certification to be entered in the Book of Ordinances of the - 2 - Council of this City. The City Clerk, or Deputy City Clerk, shall cause this ordinance to be published or posted as required by law. SECTION 6: Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty- first (31st) day after its passage. APPROVED AND ADOPTED this 21st day of February, 2017. ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: Brian Byun, Deputy ity Attorney Name: Title: Mayor / Mayor Pro-Tem - 3 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, , City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1239 was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held in the City of Vernon on Tuesday, February 7, 2017, and thereafter adopted at a meeting of said City Council held on Tuesday, February 21, 2017, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of February, 2017, at Vernon, California. (SEAL) City Clerk / Deputy City Clerk - 4 - EXHIBIT A EXHIBIT "A" CHAPTER 30 Vernon Electric System Article II Rules for Electric Service Section 30.8. Adoption of Rules. The rules for electric service for the Vernon Electric System shall consist of the following numbered rules which are made a part hereof by reference: Rule No. 1: DEFINITIONS Rule No. 2: DESCRIPTION OF SERVICE Rule No. 3: APPLICATION FOR SERVICE Rule No. 4: CONTRACTS Rule No. 5: SPECIAL INFORMATION REQUIRED ON FORMS Rule No. 6: ESTABLISHMENT AND REESTABLISHMENT OF CREDIT Rule No. 7: PREPAYMENTS Rule No. 8: NOTICES Rule No. 9: PRESENTATION AND PAYMENT OF BILLS Rule No. 10: DISPUTED BILLS Rule No. 11: DISCONTINUANCE AND RESTORATION OF SERVICE Rule No. 12: RATES AND OPTIONAL RATES Rule No. 13: TEMPORARY SERVICE Rule No. 14: SHORTAGE OF SUPPLY AND INTERRUPTION OF DELIVERY Rule No. 15: LINE EXTENSIONS Rule No. 16: SERVICE CONNECTIONS AND FACILITIES ON CUSTOMER'S PREMISES Rule No. 17: METER TESTS AND ADJUSTMENT OF BILLS FOR METER ERROR Rule No. 18: SUPPLY TO SEPARATE PREMISES; TRANSMISSION AND GENERATION; AND USE BY OR SALE OR RE -SALE TO OTHERS CITY OF VERNON UTILITIES DEPARTMENT RULES FOR ELECTRIC SERVICE Rule No. 18: SUPPLY TO SEPARATE PREMISES; TRANSMISSION AND GENERATION; AND USE BY OR SALE OR RE -SALE TO OTHERS A. Separate Metering. Separate Premises will not be supplied through the same Meter, except as may be specifically provided for in the applicable Rate Schedule. B. Other Uses or Premises. Electricity received from the City shall not be used by the Customer upon other Premises or for other purposes than those specified in its application or in the applicable Rate Schedule. C. Transmission and Generation. It shall be unlawful for any person or entity, other than the City, to conduct, transmit, generate, or produce any electrical energy or power, in or outside the City for use, distribution, or sale within the City. Subject to subparagraph D below, this prohibition shall not apply to a City electrical customer's use of electric energy or power that it generates on -site from distributed generation. D. Use by or Sale or Re -Sale to Others. A Customer shall not charge for electricity or power, including for use of electric vehicle (EV) charging stations, except: 1. If the charge to tenants is absorbed in the rental for the Premises or space occupied; or 2. If the Customer is the owner, lessee, or operator of a multiple -occupancy Premises and provides submeters for the electricity used by tenants at the same rates that the City would charge for the service if supplied directly. In such cases, the Customer shall furnish, install, maintain and test the submeters; or 3. If the City Administrator, in the public interest and in his/her sound discretion, permits the Customer in writing to charge for the purpose of recouping capital costs; but under no circumstances for the purpose of generating a profit. The Customer agrees to allow the City to audit the Customer's books and records at reasonable periodic intervals (to be mutually agreed upon by the parties) to ensure compliance with any of the foregoing exceptions. I• i,astem (15roup JJublirations, �lxu_ 161 S. AVENUE 24, LOS ANGELES, CA 90031 323 221-1092 • FX: 323 221-1090 • www.egpnews.com PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am a citizen of the United States and a resident of the County aforementioned; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of EASTERN GROUP PUBLICATIONS' EASTSIDE $UN. NORTHEAST SUN, BELL GARDENS SUN, VERNON SUN. COMMERCE CQMET AA MQ MONTEBELLO COMET, newspapers of general circulation, printed and published THURSDAYS in the County of Los Angeles, and which newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of JUNE 21, 1966, CASE NUMBER 884861, that the notice, of which the annexed is printed copy (set in type not smaller the nonpareil), has been published in each regular and entire issue of sail newspaper and not in any supplement thereof on the following dates, to -wit: FEBRUARY 09, all in the year 2017. certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at LOS ANGELES, California, +his 09M day of FEBRUARY, 2017. fVa: = �_' a 4: 2 � ignature This space is for the County Clerk's Filing Stamp CITY OF VERNON Proof of Publication of City of Vernon Council Meeting February 7. 2017 Ordinance No. 1239 Summary (Rules for Electric Services) ORDINANCE NO. 1239 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING (A) SECTION 30.8 OF ARTICLE II OF CHAPTER 30 OF THE VERNON MUNICIPAL CODE; AND (B) RULE NO. 18 OF THE CITY OF VERNON RULES FOR ELECTRIC SERVICE TO CLARIFY THE PROHIBITION ON PRIVATE SALE/RESALE OF ELECTRICITY WHEREAS, the City of Vernon (the "City") is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of California; and WHEREAS, pursuant to Article XI, Section 9, of the California Constitution, the City operates its own electric system and has the authority to make rules and regulations therefor; and WHEREAS, the City adopted those rules promulgated by Energy Services, Inc., a subsidiary of Southern California Edison Company, which operated the Vernon Electric System until its contract expired in 1989; and WHEREAS, said rules, which incorporated provisions pertaining to Southern California Edison Company and the California Public Utilities Commission, have been revised from time to time in order to meet the unique needs of Vernon Electric System customers; and WHEREAS, with the advent of new clean vehicle technology, Vernon businesses have begun or may begin to install electric vehicle charging stations on their premises for the benefit of their employees, guests and/or customers; and WHEREAS, such charging stations use the City's electricity generated or provided by the Vernon Electric System; and WHEREAS, the City desires to regulate any third party's ability to sell or re -sell such electricity. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that all of the foregoing recitals are true and correct. SECTION 2: The City Council of the City of Vernon hereby amends (A) Section 30.8 of Article II of Chapter 30 of the Vernon Municipal Code; and (B) Rule No. 18 of the City of Vernon Rules for Electric Service, as set forth in Exhibit A which is attached hereto and incorporated by reference. SECTION 3: Any ordinance or parts of ordinances in conflict with this Ordinance are hereby repealed. SECTION 4: Severability. If any chapter, article, section, subsection, subdivision, paragraph, sentence, clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more chapters, articles, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases or words be declared unconstitutional, or invalid, or ineffective. SECTION 5: Book of Ordinances. The City Clerk, or Deputy City Clerk, shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and the City Clerk's, or Deputy City Clerk's, certification to be entered in the Book of Ordinances of the - 2 - Council of this City. The City Clerk, or Deputy City Clerk, shall cause this ordinance to be published or posted as required by law. SECTION 6: Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty- first (31st) day after its passage. APPROVED AND ADOPTED this day of ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: Brian Byun, Deputy City Attorney Name: 20_ Title: Mayor / Mayor Pro-Tem - 3 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, , City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1239 was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held in the City of Vernon on Tuesday, February 7, 2017, and thereafter adopted at a meeting of said City Council held on Tuesday, by the following vote: AYES: Councilmembers: NOES: ABSENT: Councilmembers: Councilmembers: And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of (SEAL) 20 , at Vernon, California. City Clerk / Deputy City Clerk - 4 - EXHIBIT A EXHIBIT "A" CHAPTER 30 Vernon Electric System Article II Rules for Electric Service Section 30.8. Adoption of Rules. The rules for electric service for the Vernon Electric System shall consist of the following numbered rules which are made a part hereof by reference: Rule No. 1: DEFINITIONS Rule No. 2: DESCRIPTION OF SERVICE Rule No. 3: APPLICATION FOR SERVICE Rule No. 4: CONTRACTS Rule No. 5: SPECIAL INFORMATION REQUIRED ON FORMS Rule No. 6: ESTABLISHMENT AND REESTABLISHMENT OF CREDIT Rule No. 7: PREPAYMENTS Rule No. 8: NOTICES Rule No. 9: PRESENTATION AND PAYMENT OF BILLS Rule No. 10: DISPUTED BILLS Rule No. 11: DISCONTINUANCE AND RESTORATION OF SERVICE Rule No. 12: RATES AND OPTIONAL RATES Rule No. 13: TEMPORARY SERVICE Rule No. 14: SHORTAGE OF SUPPLY AND INTERRUPTION OF DELIVERY Rule No. 15: LINE EXTENSIONS Rule No. 16: SERVICE CONNECTIONS AND FACILITIES ON CUSTOMER'S PREMISES Rule No. 17: METER TESTS AND ADJUSTMENT OF BILLS FOR METER ERROR Rule No. 18: SUPPLY TO SEPARATE PREMISES; —TRANSMISSION AND GENERATION; AND USE BY OR SALE OR RE -SALE BY TO OTHERS CITY OF VERNON UTILITIES DEPARTMENT RULES FOR ELECTRIC SERVICE Rule No. 18: SUPPLY TO SEPARATE PREMISES; TRANSMISSION AND GENERATION; AND USE BY OR SALE OR RE -SALE BY TO OTHERS A. Separate Metering. Separate Premises will not be supplied through the same Meter, except as may be specifically provided for in the applicable Rate Schedule. B. Other Uses or Premises. Electricity received from the City shall not be used by the Customer upon other Premises or for other purposes than those specified in its application or in the applicable Rate Schedule. C. Transmission and Generation. It shall be unlawful for any person or entity, other than the City, to conduct, transmit, generate, or produce any electrical energy or power, in or outside the City for use, distribution, or sale within the City. Subject to subparagraph D below, this prohibition shall not apply to a City electrical customer's use of electric energy or power that it generates on -site from distributed generation. E-D. Use by or Sale or Re -Sale by -to Others. A Customer shall not charge for electricity or power, including for use of reeeive� frem the Gity and electric vehicle (EV) charging stationsis use� byanether , except: 1. If the charge to tenants is absorbed in the rental for the Premises or space occupied; or 2. If the Customer is the owner, lessee, or operator of a multiple -occupancy Premises and provides submeters for the electricity used by tenants at the same rates that the City would charge for the service if supplied directly. In such cases, the Customer shall furnish, install, maintain and test the submeters; or 3. If the City Administrator, in the public interest and in his/her sound discretion, permits the Customer in writing to charge for the purpose of recouping capital costs; but under no circumstances for the purpose of generating a profit. The Customer agrees to allow the City to audit the Customer's books and records at reasonable periodic intervals (to be mutually agreed upon by the parties) to ensure compliance with any of the foregoing exceptions. CITY OF VERNON CITY COUNCIL MEETING FEBRUARY 7, 2017 ORDINANCE NO. 1239 SUMMARY (Amending (A) Section 30.8 of Article II of Chapter 30 of the Vernon Municipal Code; and (B) Rule No. 18 of the City of Vernon Rules for Electric Service to clarify the prohibition on private sale/resale of electricity) A CERTIFIED COPY OF THE FULL TEXT OF PROPOSED ORDINANCE NO. 1239 IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. Ordinance No. 1239 was duly introduced at a regular meeting of the City Council of the City of Vernon held on February 7, 2017. Ordinance No. 1239 is scheduled to be considered for adoption by said Council at a regular meeting to be held on February 21, 2017. The proposed Ordinance No. 1239 would amend (A) Section 30.8 of Article II of Chapter 30 of the Vernon Municipal Code; and (B) Rule No. 18 of the City of Vernon Rules for Electric Service to clarify the prohibition on private sale/resale of electricity. Maria E. Ayala, City Clerk of the City of Vernon, does hereby certify that Ordinance No. 1239 was duly introduced to the City Council of the City of Vernon at a regular meeting held on February 7, 2017, and said Ordinance is scheduled to be considered for adoption at a regular meeting of the City Council to be held on February 21, 2017. SOF: Maria E. Ayala, City Clerk Dated: 02/08/2017 This space is for the County Clerk's Filing Stamp Zasleru 05rnup Vubliv tioxts, 1ir- 161 S. AVENUE 24, LOS ANGELES, CA 90031 323 221-1092 • FX: 323 221-1090 • www.egpnews.com PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am a citizen of the United States and a resident of the County aforementioned; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of - — -- -- EASTERN GROUP PUBLICATIONS' EASTSIDE SUN, NORTHEAST SUN, BELL GARDENS SUN, VERNON SUN, COMMERCE COMET AND MONTEBELLO COMET, newspapers of general circulation, printed and published THURSDAYS in the County of Los Angeles, and which newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of JUNE 21, 1966, CASE NUMBER 884861, that the notice, of which the annexed is printed copy (set in type not smaller the nonpareil), has been published in each regular and entire issue of sail newspaper and not in any supplement thereof on the following dates, to-wit- FEBRUARY 09, all in the year 2017. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at LOS ANGELES, California, this 09T—" day of FEBRUARY, 2017. �b ��r r- Signature CITY OF VERNON Proof of Publication of City of Vernon Council Meeting February 7, 2017 Ordinance No. 1239 Summary (Rules for Electric Services) CITY OF VERNON CITY COUNCIL MEETING FEBRUARY 7, 2017 ORDINANCE NO. 1239 SUMMARY (Amending (A) Section 30.8 of Article II of Chapter 30 of the Vernon Municipal Code; and (B) Rule No. 18 of the City of Vernon Rules for Electric Service to clarify the prohibition on private sale/resale of electricity) A certified copy of the full text of proposed ordinance no. 1239 is AVAILABLE in the office of the city clerk LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. Ordinance No. 1239 was duly introduced at a regular meeting of the City Council of the City of Vernon held on February 7, 2017. Ordinance No. 1239 is scheduled to be considered for adoption by said Council at a regular meeting to be held on February 21, 2017. The proposed Ordinance No. 1239 would amend (A) Section 30.8 of Article II of Chapter 30 of the Vernon Municipal Code; and (B) Rule No. 18 of the City of Vernon Rules for Electric Service to clarify the prohibition on private sale/resale of electricity. Maria E. Ayala, City Clerk of the City of Vernon, does hereby certify t Ordinance No. 1239 was duly introduced to the City Council of the City thaof Vernon at a regular meeting held on February 7, 2017, and said Ordinance is scheduled to be considered for adoption at a regular meeting of the City Council to be held on FEbruary 21, 2017. SOF: Maria E. Ayala, City Clerk Dated: 02/08/2017I CITY OF VERNON CITY COUNCIL MEETING FEBRUARY 21, 2017 ORDINANCE NO. 1239 SUMMARY (Amending (A) Section 30.8 of Article II of Chapter 30 of the Vernon Municipal Code; and (B) Rule No. 18 of the City of Vernon Rules for Electric Service to clarify the prohibition on private sale/resale of electricity) A CERTIFIED COPY OF THE FULL TEXT OF ADOPTED ORDINANCE NO. 1239 IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. On February 21, 2017, the City Council of the City of Vernon approved and adopted Ordinance No. 1239 amending (A) Section 30.8 of Article II of Chapter 30 of the Vernon Municipal Code; and (B) Rule No. 18 of the City of Vernon Rules for Electric Service to clarify the prohibition on private sale/resale of electricity. I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby certify that Ordinance No. 1239 was duly approved and adopted by the City Council of the City of Vernon at a regular meeting held on February 21, 2017, and passed by said Council by the following vote: AYES: COUNCILMEMBERS: DAVIS, WOODRUFF-PEREZ, MARTINEZ, YBARRA, AND LOPEZ NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Dated: 2/21 /2017-7 .`T� Maria . Ayala, Ci Clerk This space is for the County Clerk's Filing Stamp zztrrtz (jrpupzxlivztizm �lzzr_ 161 S. AVENUE 24, LOS ANGELES, CA 90031 323 221-1092 • FK 323 221-1090 • www.egpnews.com PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am a citizen of the United States and a resident of the County aforementioned; I am overthe age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal _erk of the printer of EASTERN GROUP PUBLICATIONS EASTSIDE SUN, NORTHEAST SUN, BELL GARDENS SUN, VERNON SUN, COMMERCE COMET AND MONTEBELLO COMET, newspapers of general circulation, printed and published THURSDAYS in the County of Los Angeles, and which newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of JUNE 21, 1966, CASE NUMBER 884861, that the notice, of which the annexed is printed copy (set in type not smaller the nonpareil), has been published in each regular and entire issue of sail newspaper and not in any supplement thereof on the following dates, to -wit: FEBRUARY 23, all in the year 2017. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at LOS ANGELES, California, this 23RD day of FEBRUARY, 2017. CITY OF VERNON Proof of Publication of City of Vernon City Council Meeting February 21, 2017 Ordinance No. 1239 Summary CITY OF VERNON CITY COUNCIL MEETING FEBRUARY 21, 2017 ORDINANCE NO. 1239 SUMMARY (Amending (A) Section 30.8 of Article II of Chapter 30 of the Vernon Municipal Code; and (B) Rule No. 18 of the City of Vernon Rules for Electric Service to clarify the prohibition on private sale/resale of electricity) A CERTIFIED COPY OF THE FULL TEXT OF ADOPTED ORDINANCE NO. 1239 IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. On February 21, 2017, the City Council of the City of Vernon approved and adopted Ordinance No. 1239 amending (A) Section 30.8 of Article II of Chapter 30 of the Vernon Municipal Code; and (B) Rule No. 18 of the City of Vernon Rules for Electric Service to clarify the prohibition on private sale/resale of electricity. I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby certify that Ordinance No. 1239 was duly approved and adopted by the City Council of the City of Vernon at a regular meeting held on February 21, 2017, and passed by said Council by the following vote: AYES: COUNCILMEMBERS: DAVIS, WOODRUFF-PEREZ, MARTINEZ, YBARRA, AND LOPEZ NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Dated: 2/21/2017 Maria E. Ayala, City Clerk Signature