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ALTERNATIVES <br />As encumbrances of retained earnings permit, it may be possible to designate a portion or all of <br />retained earnings to satisfy the revenue requirements for public goods. Staff is concerned that <br />such a use of retained earnings will reduce the City's ability to otherwise respond to the <br />challenges of competition. <br />The Council could delay enactment of the Public Benefit Charge to the date that the City enacts <br />direct access. There is a risk of litigation by taking this course of action, but the City could <br />argue that AB 1890 is not specific with respect to local publicly owned utilities in this matter. <br />The City could also point out that the program is designed to promote activities that might not <br />otherwise occur in a direct access environment, and that such conditions do not exist in the City <br />of Colton until the City enacts direct access. <br />The Utilities Commission has reviewed this issue over the span of several meetings, including a <br />workshop held on September 22, 1997, that focused on the subject. The Commission <br />recognizes this measure as mandated by the State, and approves of the measure in that <br />context. Staff points out that the Commission may add specific modifications to their general <br />recommendation at their meeting of October 14, 1997, which were not avaible at the time this <br />report was written. That information will be available to the Council and the public shortly after " <br />the Commission, meeting and well before the Public Hearing. <br />FINANCIAL IMPACT <br />On average, system customers will experience a 2.85% increase in their electricity costs. <br />Thomas K. Clarice <br />Utility Director <br />RECOMMENDATION <br />That the City Council set a Public Hearing for November 18, 1997, to enact a Public Benefits <br />Charge of $0..0029 (2.9 mils) per Kilowatt -Hour on all Kilowatt -Hours sold to all retail customers <br />served by the Colton Electric Utility, effective January 1, 1998 and thereafter as long as <br />required by State law. Said charge to be adjusted on an annual basis for each new fiscal year <br />to obtain the revenue required by State law. <br />