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HomeMy WebLinkAboutAgenda Report - July 15, 2015 J-01AGENDA ITEM J-01 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Ordinance No. 1906 Entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Chapter 13.20 — Electrical Service — by Repealing and Re -Enacting Section 13.20.315(C), `Schedule EDR — Economic Development Rate,' to Re -Enact the Utility Rate Discount from September 1, 2015 to June 30, 2018" MEETING DATE: July 15, 2015 PREPARED BY: City Clerk RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1906. BACKGROUND INFORMATION: Ordinance No. 1906 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Chapter 13.20 — Electrical Service — by Repealing and Re-enacting Section 13.20.315(C), 'Schedule EDR — Economic Development Rate,' to Re -Enact the Utility Rate Discount from September 1, 2015 to June 30, 2018" was introduced at the special City Council meeting of June 17, 2015. ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of its introduction. Two readings are therefore required — one to introduce and a second to adopt the ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting; except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances must be read in full either at the time of introduction or at the time of passage, unless a regular motion waiving further reading is adopted by a majority of all council persons present. Cal. Gov't Code § 36934. Ordinances take effect 30 days after their final passage. Cal. Gov't Code § 36937. This ordinance has been approved as to form by the City Attorney. FISCAL IMPACT: FUNDING AVAILABLE JMF/PMF Attachment Not applicable. Not applicable. J nifer M.Lkerraiolo City Clerk APPROVED: ', Stephen Schwabbu r, City Manager N:\Administration\CLERK\Council\COUNCOM\Ordinance2.DOC ORDINANCE NO. 1906 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 13.20 – ELECTRICAL SERVICE – BY REPEALING AND REEhf�CTING-SECTION 13:20:315, "SCHEDULE-EDR – ECONOMIC DEVELOPMENT RATE," IN ITS ENTIRETY ------------------------------------------------------------------------ BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. Lodi Municipal Code Section 13.20.315, "Schedule EDR – Economic Development Rate," is hereby repealed and reenacted in its entirety to read as follows: 13.20.315 - Schedule EDR—Economic development rates. Applicability: A. New Business Rate Discount. NBR discount, applicable to any new commercial or industrial customer that locates their operations/business that receives electric utility service from the city of Lodi, with the following stipulations: a customer assigned to the G1 electric utility rate shall receive a discount for twelve consecutive months of twenty-five dollars per month; and, customers assigned to the G2, G3, G4, G5, or 11 electric utility rate shall receive a discount for twelve consecutive months of five percent; and this rate discount may not be combined with any other electric discount or rate and shall only apply to the base rate. Surcharges including, but not limited to, the California Energy Commission fee, solar surcharge, public benefits charge, state energy tax, and other assessments or charges after the date of this rate schedule shall not be subject to this discount. B. New Jobs Rate Discount. NJR discount, applicable to any commercial or industrial customer that adds a minimum of one full-time position, and retains that position for at least twelve consecutive months, with the following stipulation: a two percent discount for one to three new positions; four percent for four to six new positions; six percent for seven to nine positions; and eight percent for ten or more new positions. The maximum discount available is eight percent; all discounts are available for twelve consecutive months; and this rate discount may not be combined with any other electric discount or rate and shall only apply to the base rate. Surcharges including, but not limited to, the California Energy Commission fee, solar surcharge, public benefits charge, state energy tax, and other assessments or charges after the date of this rate schedule shall not be subject to this discount. C. The rate schedules referenced above shall be effective on applicable electric utility billings prepared by the City of Lodi on or after September 1, 2015 and said utility rate discounts shall expire on June 30, 2018. SECTION 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 5. This ordinance shall be published pursuant to law and shall become effective 30 days from the date of passage and adoption. BOB J MAYO ATTEST: 1. CA� ?N"N"IFE M. FERRAIOLO Clerk State of California County of San Joaquin, ss. 15th day of July, 2015 I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1906 was introduced at a regular meeting of the City Council of the City of Lodi held June 17, 2015, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held July 15, 2015, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1906 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved to Form: JANICE D. MAGDICH City Attorney 2 "(C �. i t ' �� SUBJECT: Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUMMARY OF ORDINANCE NO. 1906 PUBLISH DATE: SATURDAY, JUNE 20, 2015 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: JENNIFER M. FERRAIOLO, CITY CLERK LNS ACCT. #0510052 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, JUNE 18, 2015 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK 42'7'7� wa PAMELA M. FARRIS DEPUTY CITY CLERK ELENA STODDARD ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File SEND PROOF OFADVERTISEMENT. THANK YOU!! sled to the Sentinel at diar Phonec N:\Administration\CLERK\OrdSummaries\Advins.doc ate) (pages) S (initials) CITY OF LODI ORDINANCE NO. 1906 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 13.20 — ELECTRICAL SERVICE — BY REPEALING AND RE-ENACTING SECTION 13.20.315(C), "SCHEDULE EDR — ECONOMIC DEVELOPMENT RATE," TO RE-ENACT THE UTILITY RATE DISCOUNT FROM SEPTEMBER 1, 2015 TO JUNE 30, 2018. The purpose of this ordinance is to continue to offer electric rate discounts to businesses participating in specific Economic Development programs. Introduced June 17, 2015. Adoption will be considered July 15, 2015.. AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES: None; ABSENT: None. Pamela M. Farris, Deputy City Clerk City of Lodi June 18, 2015 Certified copy of the full text of this ordinance is available in the office of the Lodi City Clerk. .tOF� ♦� OQ UDECLARATION OF POSTING 9</FORS ORDINANCE NO. 1906 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 13.20 — ELECTRICAL SERVICE — BY REPEALING AND RE-ENACTING SECTION 13.20.315(C), "SCHEDULE EDR — ECONOMIC DEVELOPMENT RATE," TO RE-ENACT THE UTILITY RATE DISCOUNT FROM SEPTEMBER 1, 2015 TO JUNE 30, 2018 On Thursday, June 18, 2015, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1906 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on June 18, 2015, at Lodi, California. Pamela M. Farris Deputy City Clerk ordsummaries\aaDecPost.doc JENNIFER M. FERRAIOLO CITY CLERK Elena Stoddard Administrative Clerk ORDINANCE NO. 1906EXI -i � "BiT A AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 13.20 – ELECTRICAL SERVICE – BY REPEALING AND REENACTING SECTION 13.20.315, "SCHEDULE EDR – ECONOMIC DEVELOPMENT RATE," IN ITS ENTIRETY BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. Lodi Municipal Code Section 13.20.315, Schedule EDR – Economic Development Rate," is hereby repealed and reenacted in its entirety to read as follows: 13.20.315 - Schedule EDR—Economic development rates. Applicability: A. New Business Rate Discount. NBR discount, applicable to any new commercial or industrial customer that locates their operations/business that receives electric utility service from the city of Lodi, with the following stipulations: a customer assigned to the G1 electric utility rate shall receive a discount for twelve consecutive months of twenty-five dollars per month; and, customers assigned to the G2, G3, G4, G5, or 11 electric utility rate shall receive a discount for twelve consecutive months of five percent; and this rate discount may not be combined with any other electric discount or rate and shall only apply to the base rate. Surcharges including, but not limited to, the California Energy Commission fee, solar surcharge, public benefits charge, state energy tax, and other assessments or charges after the date of this rate schedule shall not be subject to this discount. B. New Jobs Rate Discount. NJR discount, applicable to any commercial or industrial customer that adds a minimum of one full-time position, and retains that position for at least twelve consecutive months, with the following stipulation: a two percent discount for one to three new positions; four percent for four to six new positions; six percent for seven to nine positions; and eight percent for ten or more new positions. The maximum discount available is eight percent; all discounts are available for twelve consecutive months; and this rate discount may not be combined with any other electric discount or rate and shall only apply to the base rate. Surcharges including, but not limited to, the California Energy Commission fee, solar surcharge, public benefits charge, state energy tax, and other assessments or charges after the date of this rate schedule shall not be subject to this discount. C. The rate schedules referenced above shall be effective on applicable electric utility billings prepared by the City of Lodi on or after September 1, 2015 and said utility rate discounts shall expire on June 30, 2018. SECTION 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 5. This ordinance shall be published pursuant to law and shall become effective 30 days from the date of passage and adoption. Approved this day of , 2015 BOBJOHNSON MAYOR ATTEST: JENNIFER M. FERRAIOLO City Clerk State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1906 was introduced at a regular meeting of the City Council of the City of Lodi held June 17, 2015, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , 2015, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. 1906 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved to Form: JANICE D. MAGDICH City Attorney 2 JENNIFER M. FERRAIOLO City Clerk SUBJECT: Please immediately confirm receipt o f 'this, f ax ley calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUMMARY OF ORDINANCE NOS. 1906 and 1907 PUBLISH DATE: SATURDAY, JULY 18, 2015 TEAR SHEETS WANTED: One 1 lease SEND AFFIDAVIT AND BILL TO: JENNIFER M. FERRAIOLO, CITY CLERK LNS ACCT. #0510052 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, JULY 16, 2015 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK PAMELA M. FARRIS DEPUTY CITY CLERK ELENA STODDARD ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper - Copy to File SEND PROOF OFADVERTISEMENT. THANK YOU!! Emailed to the Sentinel at dianer@lodinews.com at I'7_ _(time) on (date) (pages) LNS Phoned to confirm receipt of all pages at (time) ES (initials) NA\Adm inistration\CLERK\OrdSummaries\Advins- doc CITY OF LODI ORDINANCE NO. 1906 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 13.20 — ELECTRICAL SERVICE — BY REPEALING AND RE-ENACTING SECTION 13.20.315(C), "SCHEDULE EDR — ECONOMIC DEVELOPMENT RATE," TO RE-ENACT THE UTILITY RATE DISCOUNT FROM SEPTEMBER 1, 2015 TO JUNE 30, 2018. The purpose of this ordinance is to continue to offer electric rate discounts to businesses participating in specific Economic Development programs. Introduced June 17, 2015. Adopted July 15, 2015; and effective August 14, 2015. AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES: None; ABSENT: None. ORDINANCE NO. 1907 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 15 — BUILDING AND CONSTRUCTION — BY REPEALING AND RE-ENACTING CHAPTER 15.65, "SAN JOAQUIN COUNTY REGIONAL TRANSPORTATION IMPACT FEE," IN ITS ENTIRETY. The purpose of this ordinance is to bring the Lodi Municipal Code into compliance with the recently -approved San Joaquin County Regional Transportation Impact Fee Program Operating Agreement by clarifying language and definitions, changing the timing of program fee payments and reporting dates, and modifying project selection criteria. Introduced July 15, 2015. Adoption will be considered August 5, 2015. AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES: None; ABSENT: None. Jennifer M. Ferraiolo, City Clerk City of Lodi July 15, 2015 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. arV11. DECLARATION OF POSTING ORDINANCE NO. 1906 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 13.20 — ELECTRICAL SERVICE — BY REPEALING AND RE-ENACTING SECTION 13.20.315(C), "SCHEDULE EDR — ECONOMIC DEVELOPMENT RATE," TO RE-ENACT THE UTILITY RATE DISCOUNT FROM SEPTEMBER 1, 2015 TO JUNE 30, 2018 On Thursday, July 16, 2015, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1906 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on July 16, 2015, at Lodi, California. Pamela M. Farris Deputy City Clerk ordsummaries\aaDecPost. doc ORDERED BY - JENNIFER M. FERRAIOLO CITY CLERK Elena Stoddard Administrative Clerk � ► �• r r �- a 'tea � ORDINANCE NO. 1906 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 13.20 – ELECTRICAL SERVICE – BY REPEALING AND REENACTING SECTION 13.20.315, "SCHEDULE EDR – ECONOMIC DEVELOPMENT RATE," IN ITS ENTIRETY BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. Lodi Municipal Code Section 13.20.315, "Schedule EDR – Economic Development Rate," is hereby repealed and reenacted in its entirety to read as follows: 13.20.315 - Schedule EDR—Economic development rates. Applicability: A. New Business Rate Discount. NBR discount, applicable to any new commercial or industrial customer that locates their operations/business that receives electric utility service from the city of Lodi, with the following stipulations: a customer assigned to the G1 electric utility rate shall receive a discount for twelve consecutive months of twenty-five dollars per month; and, customers assigned to the G2, G3, G4, G5, or 11 electric utility rate shall receive a discount for twelve consecutive months of five percent; and this rate discount may not be combined with any other electric discount or rate and shall only apply to the base rate. Surcharges including, but not limited to, the California Energy Commission fee, solar surcharge, public benefits charge, state energy tax, and other assessments or charges after the date of this rate schedule shall not be subject to this discount. B. New Jobs Rate Discount. NJR discount, applicable to any commercial or industrial customer that adds a minimum of one full-time position, and retains that position for at least twelve consecutive months, with the following stipulation: a two percent discount for one to three new positions; four percent for four to six new positions; six percent for seven to nine positions; and eight percent for ten or more new positions. The maximum discount available is eight percent; all discounts are available for twelve consecutive months; and this rate discount may not be combined with any other electric discount or rate and shall only apply to the base rate. Surcharges including, but not limited to, the California Energy Commission fee, solar surcharge, public benefits charge, state energy tax, and other assessments or charges after the date of this rate schedule shall not be subject to this discount. C. The rate schedules referenced above shall be effective on applicable electric utility billings prepared by the City of Lodi on or after September 1, 2015 and said utility rate discounts shall expire on June 30, 2018. SECTION 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 5. This ordinance shall be published pursuant to law and shall become effective 30 days from the date of passage and adoption. Approved this 15th day of July, 2015 BOBJOHNSON MAYOR ATTEST: JENNIFER M. FERRAIOLO City Clerk State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1906 was introduced at a regular meeting of the City Council of the City of Lodi held June 17, 2015, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held July 15, 2015, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1906 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved to Form: JANICE D. MAGDICH City Attorney 2 JENNIFER M. FERRAIOLO City Clerk