The URL can be used to link to this page

Home My WebLink AboutAgenda Report - April 19, 2017 J-01CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: AGENDA ITEM J-01 Ordinance No. 1939 Entitled, "An Uncodified Ordinance of the Lodi City Council Revising the Growth Management Ordinance by Expiring 1,056 Unused Low -Density Residential Growth Allocations" MEETING DATE: April 19, 2017 PREPARED BY: City Clerk RECOMMENDED ACTION: BACKGROUND INFORMATION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1939. Ordinance No. 1939 entitled, "An Uncodified Ordinance of the Lodi City Council Revising the Growth Management Ordinance by Expiring 1,056 Unused Low -Density Residential Growth Allocations," was introduced at the regular City Council meeting of April 5, 2017. 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: Not applicable. FUNDING AVAILABLE: Not applicable. JMF/PMF Attachment n ifer M. 4 Clerk APPROVED: ■1T•_- `• v �., en Schw p N:\Administration\CLERK\Council\COUNCOM\Ordinance) .DOC a raiolo er, City Manager ORDINANCE NO. 1939 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI REVISING THE GROWTH MANAGEMENT ORDINANCE BY EXPIRING 1,056 UNUSED LOW-DENSITY RESIDENTIAL GROWTH ALLOCATIONS WHEREAS, the Lodi City Council adopted Ordinance No. 1521 in 1991 establishing a Growth Management Plan for residential development within the City of Lodi; and WHEREAS, the Ordinance sets an annual growth limit of two percent (2%) of the City's population, compounded annually, and once the number of allocable units is figured, the City requires that the allocation units be distributed among housing types as follows: 44 percent low density, 28 percent medium density, and 28 percent high density (General Plan GM -P4); and WHEREAS, there are currently 3,256 Low -Density Allocations, 736 Medium -Density Allocations and 1,149 High -Density Allocations; and WHEREAS, based upon the amount of land currently available in Lodi, the 3,256 Low -Density Growth Allocations are more than what the Council could issue in the upcoming years; and WHEREAS, staff recommends that 1,056 Low -Density Allocations be eliminated from the Growth Management Program, leaving a balance of 2,200 Low -Density Allocations. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: SECTION 1. That 1,056 Low -Density Growth Allocations be expired and eliminated and the remaining balance of allocations for 2017 be as follows: a) 2,200 Low -Density Allocations b) 736 Medium -Density Allocations c) 1,149 High -Density Allocations TOTAL 4,085 Allocations SECTION 2. No Mandatory Duty of Care. This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons and property within or without 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, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. 1 SECTION 4. Effective Date and Publication. This uncodified Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Approved this 19th day of April, 2017 Attest: am,cg-ch JE " IFER FERRAIOLO City Clerk DOUG KUEH Mayor Adz, State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that this uncodified Ordinance No. 1939 was introduced at a regular meeting of the City Council of the City of Lodi held April 5, 2017, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held April 19, 2017, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, Mounce, Nakanishi, and Mayor Kuehne NOES; COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1939 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form: ity Clerk JANICE D. MAGDICH City Attorney 2 FERRAIOLO Please immediately confirm receipt of this f ix by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: SUMMARY OF ORDINANCE NOS. 1939 AND 1940 PUBLISH DATE: SATURDAY, APRIL 8, 2017 LEGAL AD TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: LNS ACCT. #0510052 JENNIFER M. FERRAIOLO, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, APRIL 6, 2017 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK rkz4, PAMELA M. FARRIy771. DEPUTY CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK Mhwa A:p Le N TT ._i- C.. oFI SEND PROOF OF ADVERTISEMENT: THANK YOU!! Emailed to the Sentinel at dianer@lodinews.com at c g 7 (time) on 4J6/I7 (date) (pages) LNS Phoned to confirm receipt of all pages at (time) PMF ES (initials) N:\Administration\CLERK\OrdSummaries\Advins. doc CITY OF LODI ORDINANCE NO. 1939 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI REVISING THE GROWTH MANAGEMENT ORDINANCE BY EXPIRING 1,056 UNUSED LOW-DENSITY RESIDENTIAL GROWTH ALLOCATIONS. The purpose of this ordinance is to reduce the number of Low -Density growth allocations available in the Growth Management Allocation Program by expiring 1,056 unused growth allocations. Introduced April 5, 2017. Adoption to be considered April 19, 2017. AYES: Chandler, Johnson, Mounce, and Mayor Kuehne; NOES: None; ABSENT: Nakanishi. ORDINANCE NO. 1940 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI LEVYING AND APPORTIONING THE SPECIAL TAX IN TERRITORY ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) (ANNEXATION NO. 5). The purpose of this ordinance is to levy and apportion the special tax within the territory annexed into the Community Facilities District No. 2007-1 (Public Services) as Annexation No. 5. Introduced April 5, 2017. Adoption to be considered April 19, 2017. AYES: Chandler, Johnson, Mounce, and Mayor Kuehne; NOES: None; ABSENT: Nakanishi. Jennifer M. Ferraiolo, City Clerk City of Lodi April 5, 2017 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. DECLARATION OF POSTING ORDINANCE NO. 1939 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI REVISING THE GROWTH MANAGEMENT ORDINANCE BY EXPIRING 1,056 UNUSED LOW-DENSITY RESIDENTIAL GROWTH ALLOCATIONS On Thursday, April 6, 2017, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1939 (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 April 6, 2017, at Lodi, California. ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK vv.0 Pamela M. Farris Elizabeth Burgos Deputy City Clerk Administrative Clerk ordsummaries\aaDecPost. doc ORDINANCE NO. 1939 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI REVISING THE GROWTH MANAGEMENT ORDINANCE BY EXPIRING 1,056 UNUSED LOW-DENSITY RESIDENTIAL GROWTH ALLOCATIONS WHEREAS, the Lodi City Council adopted Ordinance No. 1521 in 1991 establishing a Growth Management Plan for residential development within the City of Lodi; and WHEREAS, the Ordinance sets an annual growth limit of two percent (2%) of the City's population, compounded annually, and once the number of allocable units is figured, the City requires that the allocation units be distributed among housing types as follows: 44 percent !ow density, 28 percent medium density, and 28 percent high density (General Plan GM -P4); and WHEREAS, there are currently 3,256 Low -Density Allocations, 736 Medium -Density Allocations and 1,149 High -Density Allocations; and WHEREAS, based upon the amount of land currently available in Lodi, the 3,256 Low -Density Growth Allocations are more than what the Council could issue in the upcoming years; and WHEREAS, staff recommends that 1,056 Low -Density Allocations be eliminated from the Growth Management Program, leaving a balance of 2,200 Low -Density Allocations. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: SECTION 1. That 1,056 Low -Density Growth Allocations be expired and eliminated and the remaining balance of allocations for 2017 be as follows: a) 2,200 Low -Density Allocations b) 736 Medium -Density Allocations c) 1,149 High -Density Allocations TOTAL 4,085 Allocations SECTION 2. No Mandatory Duty of Care. This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons and property within or without 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, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. 1 SECTION 4. Effective Date and Publication. This uncodified Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Approved this day of , 2017 DOUG KUEHNE Attest: Mayor 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 this uncodified Ordinance No. 1939 was introduced at a regular meeting of the City Council of the City of Lodi held April 5, 2017, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , 2017, by the following vote: AYES: COUNCIL MEMBERS — NOES; COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — 1 further certify that Ordinance No. 1939 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. JENNIFER M. FERRAIOLO Approved as to Form: City Clerk JANICE D. MAGDICH City Attorney 2 Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: SUMMARY OF ORDINANCE NOS. 1939 —1941 PUBLISH DATE: SATURDAY, APRIL 22, 2017 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: LNS ACCT. #0510052 JENNIFER M. FERRAIOLO, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, APRIL 20, 2017 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK PAMELA M. FARRIS DEPUTY CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK Verif Appearance of this Legal in the Newspaper — Copy to File SEND PROOF OF ADVERTISEMENT. THANK YOU'! Emailed to the Sentinel at dianer@lodinews.com at a • 17 (time) on (date) (pages) LNS Phoned to confirm receipt of all pages at (time) PM ES (initials) N:\Administration\CLERK\OrdSummaries\Advins.doc CITY OF LODI ORDINANCE NO. 1939 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI REVISING THE GROWTH MANAGEMENT ORDINANCE BY EXPIRING 1,056 UNUSED LOW-DENSITY RESIDENTIAL GROWTH ALLOCATIONS. The purpose of this ordinance is to reduce the number of Low -Density growth allocations available in the Growth Management Allocation Program by expiring 1,056 unused growth allocations. Introduced April 5, 2017. Adopted April 19, 2017, and effective May 19, 2017. AYES: Chandler, Johnson, Mounce, Nakanishi, and Mayor Kuehne; NOES: None; ABSENT: None. ORDINANCE NO. 1940 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI LEVYING AND APPORTIONING THE SPECIAL TAX IN TERRITORY ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) (ANNEXATION NO. 5). The purpose of this ordinance is to levy and apportion the special tax within the territory annexed into the Community Facilities District No. 2007-1 (Public Services) as Annexation No. 5. Introduced April 5, 2017. Adopted April 19, 2017, and effective May 19, 2017. AYES: Chandler, Johnson, Mounce, Nakanishi, and Mayor Kuehne; NOES: None; ABSENT: None. ORDINANCE NO. 1941 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 13.20 — ELECTRICAL SERVICE — BY REPEALING AND RE-ENACTING ARTICLE III, "RATES," IN ITS ENTIRETY. The purpose of this ordinance is to adjust electric rates to 1) sufficiently fund capital maintenance/improvements and meet reserve target requirements; and 2) align various rate schedules with recent changes approved by the City Council to address the changing utility business model. Introduced April 19, 2017. Adoption to be considered May 3, 2017. AYES: Chandler, Johnson, and Mayor Kuehne; NOES: Mounce and Nakanishi; ABSENT: None. Jennifer M. Ferraiolo, City Clerk City of Lodi April 19, 2017 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. Lodi Electric Utility Electric Rates Energy Tier(s) Rate(s) RESIDENTIAL • Schedule EA Customer Charge N/A $ 10.20 Energy Charge - Summer ($/kWh) Tier 1 0 - 481 kWh / month $ 0.1428 Tier 2 482 - 962 kWh / month $ 0.1581 Tier 3 > 962 kWh / month $ 0.3366 Energy Charge - Winter ($/kWh) Tier 1 0 - 391 kWh / month $ 0.1428 Tier 2 392 - 782 kWh / month $ 0.1581 Tier 3 > 782 kWh / month $ 0.3366 MOBILE HOME PARK - Schedule EM Customer Charge (Master Meter Customer) N/A $ 1.02 Energy Charge - Summer ($/kWh) Tier 1 0 - 481 kWh / month $ 0.1428 Tier 2 482 - 962 kWh / month $ 0.1581 Tier 3 > 962 kWh / month $ 0.3366 Energy Charge - Winter ($/kWh) Tier 1 0 - 391 kWh / month $ 0.1428 Tier 2 392 - 782 kWh / month $ 0.1581 Tier 3 > 782 kWh / month $ 0.3366 DUSK -TO -DAWN LIGHTING - Schedule EL 6,000 lumen gas discharge lamp (each) - per billing cycle N/A $ 13.02 18,000 lumen gas discharge lamp (each) - per billing cycle N/A $ 24.16 CITY FACILITIES -Schedule ES Customer Charge N/A $ 10.20 Energy Charge ($/kWh) All kWh $ 0.10890 COMMERCIAL/INDUSTRIAL - Schedule G1 (c 8,000 kWh/month) Customer Charge Single -Phase Service N/A $ 7.50 Three -Phase or Combination Service N/A $ 11.09 Energy Charge ($/kWh) Summer See Notes $ 0.19261 Winter See Notes $ 0.14244 COMMERCIAL/INDUSTRIAL - Schedule G2 (> 8,000 kWh/month) Customer Charge N/A $ 60.38 Demand Charge ($/kW) N/A $ 4.18 Energy Charge ($/kWh) Summer See Notes $ 0.15829 Winter See Notes $ 0.12671 COMMERCIAL/INDUSTRIAL - Schedule G3-5 (Secondary) 000 kW - 500 kW/manthj Customer Charge N/A $ 137.23 Demand Charge - Summer ($/kW) N/A $ 4.18 Demand Charge - Winter ($/kW) N/A $ 4.18 Peak Demand Charge - Summer ($/kW) N/A $ 11.70 Energy Charges - Summer ($/kWh) Peak See Notes $ 0.17228 Part -Peak See Notes $ 0.13799 Off -Peak See Notes $ 0.11853 Energy Charges - Winter ($/kWh) Part -Peak See Notes $ 0.12504 Off -Peak See Notes $ 0.11412 Page 1 of 3 COMMERCIAL/INDUSTRIAL - Schedule G3 -P (Primary) (400 kW - 500 kW/monthl Customer Charge N/A $ 137.23 Demand Charge - Summer ($/kW) N/A $ 3.23 Demand Charge - Winter ($/kW) N/A $ 3.23 Peak Demand Charge - Summer ($/kW) N/A $ 10.98 Energy Charges - Summer ($/kWh) Peak See Notes $ 0.16606 Part -Peak See Notes $ 0.13348 Off -Peak See Notes $ 0.11499 Energy Charges - Winter ($/kWh) Part -Peak See Notes $ 0.12118 Off -Peak See Notes $ 0.11079 COMMERCIAL/INDUSTRIAL - Schedule G4-5 (Secondary) (500 kW - 1,000 kW/month] Customer Charge N/A $ 137,23 Demand Charge - Summer ($/kW) N/A $ 4.18 Demand Charge - Winter ($/kW) N/A $ 4.18 Peak Demand Charge - Summer ($/kW) N/A $ 11.70 Energy Charges - Summer ($/kWh) Peak See Notes $ 0.15904 Part -Peak See Notes $ 0.12470 Off -Peak See Notes $ 0.10528 Energy Charges - Winter ($/kWh) Part -Peak See Notes $ 0.11252 Off -Peak See Notes $ 0.10168 COMMERCIAL/INDUSTRIAL - Schedule G4 -P (Primary) (500 kW -1,000 kW/month) Customer Charge N/A $ 137.23 Demand Charge - Summer ($/kW) N/A $ 3.23 Demand Charge - Winter ($/kW) N/A $ 3.23 Peak Demand Charge - Summer ($/kW) N/A $ 10.98 Energy Charges - Summer ($/kWh) Peak See Notes $ 0.15288 Part -Peak See Notes $ 0.12027 Off -Peak See Notes $ 0.10181 Energy Charges - Winter ($/kWh) Part -Peak See Notes $ 0.10870 Off -Peak See Notes $ 0.09840 COMMERCIAL/INDUSTRIAL - Schedule G5 -S (Secondary) (> 1,000 kW/month) Customer Charge N/A $ 137.23 Demand Charge - Summer ($/kW) N/A $ 4.18 Demand Charge - Winter ($/kW) N/A $ 4.18 Peak Demand Charge - Summer ($/kW) N/A $ 11.70 Energy Charges - Summer ($/kWh) Peak See Notes $ 0.14652 Part -Peak See Notes $ 0.11225 Off -Peak See Notes $ 0.09497 Energy Charges - Winter ($/kWh) Part -Peak See Notes $ 0.10022 Off -Peak See Notes $ 0.09189 Economic Stimulus Rate Credit ($/kWh) All kWh $ 0.00440 Page 2 of 3 COMMERCIAL/INDUSTRIAL - Schedule G5 -P (Primary) (>1,000 kW/month) Customer Charge N/A $ 137.23 Demand Charge - Summer ($/kW) N/A $ 3.23 Demand Charge - Winter ($/kW) N/A $ 3.23 Peak Demand Charge - Summer ($/kW) N/A $ 10.98 Energy Charges - Summer ($/kWh) Peak See Notes $ 0.14070 Part -Peak See Notes $ 0.10814 Off -Peak See Notes $ 0.09173 Energy Charges - Winter ($/kWh) Part -Peak See Notes $ 0.09671 Off -Peak See Notes $ 0.08880 Economic Stimulus Rate Credit ($/kWh) All kWh $ 0.00440 COMMERCIAL/INDUSTRIAL - OPTIONAL - Schedule 11 (>1,000 kW/month) - Special Conditions Apply Customer Charge N/A $ 137.23 Demand Charge - Summer ($/kW) N/A $ 3.23 Demand Charge - Winter ($/kW) N/A $ 3.23 Peak Demand Charge - Summer ($/kW) N/A $ 10.98 Customers with demand < 4,000 kW: Energy Charges - Summer ($/kWh) Peak See Notes $ 0.14310 Part -Peak See Notes $ 0.11023 Off -Peak See Notes $ 0.09430 Energy Charges - Winter ($/kWh) Part -Peak See Notes $ 0.10171 Off -Peak See Notes $ 0.09361 Customers with demand ?.4,000 kW Energy Charges - Summer ($/kWh) Peak See Notes $ 0.13646 Part -Peak See Notes $ 0.10359 Off -Peak See Notes $ 0.08766 Energy Charges - Winter ($/kWh) Part -Peak See Notes $ 0.09507 Off -Peak See Notes $ 0.08697 Economic Stimulus Rate Credit ($/kWh) All kWh $ 0.01386 ELECTRIC VEHICLE CHARGING SERVICE -Schedule EV Customer Charge N/A $ 3.00 Energy Charge ($/kWh) Schedule EA Tier 1 EV Charging Period See Notes Energy Charge Schedule EA Tier 3 Non -EV Charging Period See Notes Energy Charge NOTES: Summer (May 1 through Oct 31) Peak: 3 pm to 7 pm - Mon through Fri (except holidays) Part -Peak: 8:30 am to 3 pm and 7 pm to 9:30 pm - Mon through Fri (except holidays) Off -Peak: 9:30 pm to 8:30 am - Mon through Fri and all day Sat, Sun, holidays Winter (Nov 1 through Apr 30) Part -Peak: 8:30 am to 9:30 pm - Mon through Fri (except holidays) Off -Peak: 9:30 pm to 8:30 am - Mon through Fri and all day Sat, Sun, holidays EV Charging Period: 8 pm to 6 am - Mon through Fri (and all day weekends and holidays) Non -EV Charging Period: 6 am to 8 pm - Mon through Fri (excluding weekends and holidays) Holidays include: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, the day after Thanksgiving Day and Christmas Day. The dates will be based on those days on which the holidays are legally observed. Page 3 of 3 DECLARATION OF POSTING ORDINANCE NO. 1939 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI REVISING THE GROWTH MANAGEMENT ORDINANCE BY EXPIRING 1,056 UNUSED LOW-DENSITY RESIDENTIAL GROWTH ALLOCATIONS On Thursday, April 20, 2017, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1939 (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 April 20, 2017, at Lodi, California. ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Pamela M. Farris Elizabeth Burgos Deputy City Clerk Administrative Clerk ordsummaries\aaDecPost.doc ORDINANCE NO. 1939 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI REVISING THE GROWTH MANAGEMENT ORDINANCE BY EXPIRING 1,056 UNUSED LOW-DENSITY RESIDENTIAL GROWTH ALLOCATIONS WHEREAS, the Lodi City Council adopted Ordinance No. 1521 in 1991 establishing a Growth Management Plan for residential development within the City of Lodi; and WHEREAS, the Ordinance sets an annual growth limit of two percent (2%) of the City's population, compounded annually, and once the number of allocable units is figured, the City requires that the allocation units be distributed among housing types as follows: 44 percent low density, 28 percent medium density, and 28 percent high density (General Plan GM -P4); and WHEREAS, there are currently 3,256 Low -Density Allocations, 736 Medium -Density Allocations and 1,149 High -Density Allocations; and WHEREAS, based upon the amount of land currently available in Lodi, the 3,256 Low -Density Growth Allocations are more than what the Council could issue in the upcoming years; and WHEREAS, staff recommends that 1,056 Low -Density Allocations be eliminated from the Growth Management Program, leaving a balance of 2,200 Low -Density Allocations. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: SECTION 1. That 1,056 Low -Density Growth Allocations be expired and eliminated and the remaining balance of allocations for 2017 be as follows: a) 2,200 Low -Density Allocations b) 736 Medium -Density Allocations c) 1,149 High -Density Allocations TOTAL 4,085 Allocations SECTION 2. No Mandatory Duty of Care. This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons and property within or without 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, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. 1 SECTION 4. Effective Date and Publication. This uncodified Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Approved this 19th day of April, 2017 DOUG KUEHNE Attest: Mayor 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 this uncodified Ordinance No. 1939 was introduced at a regular meeting of the City Council of the City of Lodi held April 5, 2017, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held April 19, 2017, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, Mounce, Nakanishi, and Mayor Kuehne NOES; COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1939 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. JENNIFER M. FERRAIOLO Approved as to Form: City Clerk JANICE D. MAGDICH City Attorney 2