_0_4. CARMEN A. TRUTANICH City Attorney REPORT NO. _R_O_9_-_0_3 AUG 2 8 ~009 REPORT RE:

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1 City Hall East 200 N. Main Street Room 800 Los Angeles, CA (213) Tel (213) Fax CARMEN A. TRUTANICH REPORT NO. _R_O_9_-_0_3 AUG 2 8 ~009 _0_4 REPORT RE: DRAFT ORDINANCE AMENDING THE ELECTRIC RATES ORDINANCE BY MODIFYING TEMPERATURE ZONES FOR THE STUDIO CITY AREA TO REFLECT AVERAGE SUMMER TEMPERATURES The Honorable City Council of the City of Los Angeles Room 395, City Hall 200 North Spring Street Los Angeles, California Honorable Members: This office has prepared and now transmits for your action the attached draft ordinance, approved as to form and legality. The draft ordinance approves amendments to Electric Rate Ordinance No to change Studio City Zip Codes to Zone 2. Background In 2008, the City Council approved electric rate restructuring that included modification of the residential rates to include tier rates with temperature zones and baseline allocations based upon a scientific study. The study performed by the Department of Atmospheric Sciences at UCLA mapped summer average daily temperatures for microclimates within the City of Los Angeles (City), The UCLA study delineated two temperature zones for the City based on average temperatures less or greater than 80 degrees, These geographic areas were established to ensure that there are no subsidies between the two geographic zones. Zip Codes with a summer average daily temperature l~w t\thail80ideqtees were assigned to Zone 1,

Honorable City Council of the City of Los Angeles Room 395, City Hall 200 North Spring Street Los Angeles, California 90012 Honorable Members: This office has prepared and now transmits for your

2 The Honorable City Cour. of the City of Los Angeles Page 2 while those Zip Codes with a summer average daily temperature greater than 80 degrees were assigned to Zone 2. When the restructured rates were approved by the Council, questions were raised regarding the inclusion of Studio City in Zone 2. As a result, the Los Angeles Department of Water and Power (LADWP) retained AECOM Environment (AECOM) to conduct an independent third party analysis to determine whether the Studio City mean average temperature in the summer season averages greater than 80 degrees. The AECOM validation study includes four Studio City Zip Codes adjacent to the 80 degree line of zonal demarcation. AECOM's review of data from surrounding sites indicates that the re-analysis performed for North Hollywood is representative of current conditions in the Studio City area. Utilizing a temperature monitoring site in North Hollywood, the summer average daily temperature is reported to be 84.9 degrees. Based upon this finding, LADWP recommends that Studio City area Zip Code numbers 91601, and should remain in Zone 2; and Zip Codes 91602, and should be moved from Zone 1 to Zone 2. Summary of Charter Provisions Charter Section 676 (a) (2) provides that rates for electricity shall be fixed by the Board of Water and Power Commissioners from time to time as necessary, subject to approval by the Council. Approving this ordinance will modify existing electric rates as described above. The Board resolution recommending that Council amend the Electric Rates Ordinance and the draft ordinance meet applicable Charter requirements. Neighborhood Council Notification In accordance with Section 11.1 of the Neighborhood Council Memorandum of Understanding, the LADWP reports that it has used best efforts to provide notification to the Neighborhood Councils of the proposed rate restructure as soon as the rate action was proposed. If you have any questions regarding this matter, please contact Assistant City Attomey David Hotchkiss (213) He or another member of this office will be available when you consider this matter to answer any questions you may have. Sincerely, CARMEN A. TRUTANICH, //\~~~ By'-t.) PEDRO B. ECHEVERRIA Chief Assistant PBE:SDH:pj Transmittal M:IProprietary-OCCIDWPIDAVID HOTCHKISS ORDINANCES AND REPORTSIStudioCityTempZoneRprt.doc

As a result, the Los Angeles Department of Water and Power (LADWP) retained AECOM Environment (AECOM) to conduct an independent third party analysis to determine whether the Studio City mean average

3 ORDINANCE NO. _ An ordinance approving the amendment of rates previously fixed by the Department and charged for electric energy distributed and for service supplied by the Department to its customers, by amending Ordinance No THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. That the rates to be charged and collected and the terms, provisions and conditions applicable for electric energy distributed and for electric service supplied by the Department of Water and Power of the City of Los Angeles to its customers for use within the Los Angeles Metropolitan area, as fixed in Resolution No adopted by the Board of Water and Power Commissioners on August 4, 2009, is hereby approved. Ordinance No is amended as follows: Sec. 2. The definition of the word "Zones" of Subsection Ordinance No is amended to read: 0 of Section 25 of Zones Zones in Schedule R-1, Rate A for Residential Service are determined by the Customer Service Zip Code as shown in tables below. ZONE

Ordinance No. 180127. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1.

4 ZONE 2' 'Owens Valley is included in Zone 2 2

91305 91306 91307 91309 91311 91316 91324 91325 91326 91330 91331 91335 91340 91342 91343 91344 91345 91346 91352 91355 91356 91364

5 Sec. 3. The City Clerk shall certify to the passage of this ordinance and have it published in accordance with Council policy, either in a daily newspaper circulated in the City of Los Angeles or by posting for ten days in three public places in the City of Los Angeles: one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall; one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall East; and one copy on the bulletin board located at the Temple Street entrance to the Los Angeles County Hall of Records. I hereby certify that this ordinance was passed by the Council of the City of Los Angeles, at its meeting of _ JUNE A. LAGMAY, City Clerk By Deputy Approved, Mayor Approved as to Form and Legality CARMEN A. TRUTANICH, BY'~~~'fYl:'!:.~:!:!::::Z:... DAVID HOTCHKISS Assistant Date, File No. _ M:IProprietarLOCCIDWPIDAVID HOTCHKISS ORDINANCES AND REPORTSIStudioCityTempZoneOrd.doc 3

for ten days in three public places in the City of Los Angeles: one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall; one copy on the bulletin board located

CARMEN A. TRUTANICH City Attorney REPORT NO. R 1 2-0 1 3 4 REPORT RE:

City Hall East 200 N. Main Street Room 800 Los Angeles, CA 900]2 (213) 978 8100 Tel (213) 978-8312 Fax CTrutanich@lacity.org www.lacity.org/atty CARMEN A. TRUTANICH City Attorney REPORT NO. R 1 2-0 1 3