HomeMy WebLinkAboutAgenda Report - April 19, 2017 J-02CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE:
AGENDA ITEM J-02
Ordinance No. 1940 Entitled, "An Uncodified Ordinance of the Lodi City Council
Levying and Apportioning the Special Tax in Territory Annexed to Community
Facilities District No. 2007-1 (Public Services) (Annexation No. 5)"
MEETING DATE: April 19, 2017
PREPARED BY: City Clerk
RECOMMENDED ACTION:
BACKGROUND INFORMATION:
(Annexation No. 5)," was introduced
Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1940.
Ordinance No. 1940 entitled, "An Uncodified Ordinance of the Lodi
City Council Levying and Apportioning the Special Tax in Territory
Annexed to Community Facilities District No. 2007-1 (Public Services)
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
APPROVED:
ri).111A(ALA
9`nifer M. F, aiolo
City Clerk
S ephen Sch a
N:\Administration\CLERK\Council\COU NCOM\Ordinance2. DOC
ue , City Manager
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)
WHEREAS, the City Council of the City of Lodi (the "City Council") has established
Community Facilities District No. 2007-1 (Public Services) (the "CFD") pursuant to Resolution
No. 2007-59 (the "Resolution of Formation"), duly adopted on April 4, 2007, for the purpose of
providing for the financing of certain public services in and for the CFD; and
WHEREAS, the City Council duly adopted Resolution No. 2017-57 (the "Resolution") on
April 5, 2017, wherein the City Council submitted the question of levying a special tax in territory
proposed to be annexed to the CFD at the rate and according to the method of apportionment
described therein; and
WHEREAS, at an election held in the territory proposed to be annexed to the CFD on
April 5, 2017, the qualified electors of such territory authorized the levy of the special tax described
in the Resolution; and
WHEREAS, the City Council duly adopted Resolution No. 2017-58 on April 5, 2017, wherein
the City Council determined that the territory proposed to be annexed was added to the CFD (such
territory being referred to herein as "Annexation No. 5").
NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Lodi:
Section 1. Recitals. The foregoing recitals are true and correct.
Section 2. Levy of Special Tax. Pursuant to Section 53340 of the California
Government Code, the special tax is hereby levied for Fiscal Year 2017/18 at the maximum rates
and apportioned in the manner specified in the Resolution.
Section 3. Collection of Special Tax. Pursuant to Section 53340 of the California
Government Code and the Resolution, the special tax shall be collected in the same manner as
ordinary ad valorem property taxes are collected and shall be subject to the same procedure, sale,
and lien priority in case of delinquency as is provided for ad valorem taxes; provided, however, that
the City may directly bill the special tax, may collect special taxes at a different time or in a different
manner if necessary to meet the financial obligations of the CFD or as otherwise determined
appropriate by the City.
Section 4. Claims for Refund. Claims for refund of the tax shall comply with the
following and any additional procedures as established by the City Council:
(a) All claims shall be filed, in writing, with the City Treasurer during the Fiscal
Year in which the error is believed to have occurred. The claimant shall file
the claim within this time period and the claim shall be finally acted upon by
the City Council as a prerequisite to bringing suit thereon.
1
(b) Pursuant to Government Code section 935(b), the claim shall be subject to
the provisions of Government Code sections 945.6 and 946.
(c) The City Council shall act on a timely claim within the time period required
by Government Code section 912.4.
(d) The procedure described in this Ordinance, and any additional procedures
established by the City Council, shall be the exclusive claims procedure for
claimants seeking a refund of the tax. The decision of the City Council shall
be final.
Section 5. 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 6. 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.
Section 7. Effective Date and Publication. This 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:
aliuzur&
J ilNIFER. FERRAIOLO
City Clerk
2
DOUG K • NE
Mayor
State of California
County of San Joaquin, ss.
I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that uncodified
Ordinance No. 1940 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. 1940 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:
8
JANIC,E D. MAGDICH
City Attorney
3
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 AND 1940
PUBLISH DATE: SATURDAY, APRIL 8, 2017
LEGAL AD
TEAR SHEETS WANTED: One (1) please
SEND AFFIDAVIT AND BILL TO:
LNS ACCT. #0510052
DATED:
ORDERED BY:
JENNIFER M. FERRAIOLO, CITY CLERK
City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
THURSDAY, APRIL 6, 2017
JENNIFER M. FERRAIOLO
CITY CLERK
(71771PAMELA M. FARRIS
DEPUTY CITY CLERK
ELIZABETH BURGOS
ADMINISTRATIVE CLERK
Verify Appearance of this Legal in the Newspaper — Copy to File
SEND PROOF OF ADVERTISEMENT. ERT1SEMENT. THANK YOU!!
lEmailed
to the Sentinel at dianer@lodinews.com at � ' c 3 7 (time) on 4Iblr7 {date) (pages)
LNS Phoned to confirm receipt of all pages at (time) PMF ES (Initials)
N:\Admin istration\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. 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)
On Thursday, April 6, 2017, in the City of Lodi, San Joaquin County, California, a
certified copy of Ordinance No. 1940 (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.
1
Pamela M. Farris Elizabeth Burgos
Deputy City Clerk Administrative Clerk
ORDERED BY:
JENNIFER M. FERRAIOLO
CITY CLERK
ordsummaries\aaDecPost. doc
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)
WHEREAS, the City Council of the City of Lodi (the "City Council") has established
Community Facilities District No. 2007-1 (Public Services) (the "CFD") pursuant to Resolution
No. 2007-59 (the "Resolution of Formation"), duly adopted on April 4, 2007, for the purpose of
providing for the financing of certain public services in and for the CFD; and
WHEREAS, the City Council duly adopted Resolution No. 2017- (the "Resolution") on
April 5, 2017, wherein the City Council submitted the question of levying a special tax in territory
proposed to be annexed to the CFD at the rate and according to the method of apportionment
described therein; and
WHEREAS, at an election held in the territory proposed to be annexed to the CFD on
April 5, 2017, the qualified electors of such territory authorized the levy of the special tax described
in the Resolution; and
WHEREAS, the City Council duly adopted Resolution No. 2017- on April 5, 2017,
wherein the City Council determined that the territory proposed to be annexed was added to the
CFD (such territory being referred to herein as "Annexation No. 5").
NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Lodi:
Section 1. Recitals. The foregoing recitals are true and correct.
Section 2. Levy of Special Tax. Pursuant to Section 53340 of the California
Government Code, the special tax is hereby levied for Fiscal Year 2017/18 at the maximum rates
and apportioned in the manner specified in the Resolution.
Section 3. Collection of Special Tax. Pursuant to Section 53340 of the California
Government Code and the Resolution, the special tax shall be collected in the same manner as
ordinary ad valorem property taxes are collected and shall be subject to the same procedure, sale,
and lien priority in case of delinquency as is provided for ad valorem taxes; provided, however, that
the City may directly bill the special tax, may collect special taxes at a different time or in a different
manner if necessary to meet the financial obligations of the CFD or as otherwise determined
appropriate by the City.
Section 4. Claims for Refund. Claims for refund of the tax shall comply with the
following and any additional procedures as established by the City Council:
(a) All claims shall be filed, in writing, with the City Treasurer during the Fiscal
Year in which the error is believed to have occurred. The claimant shall file
the claim within this time period and the claim shall be finally acted upon by
the City Council as a prerequisite to bringing suit thereon.
1
(b) Pursuant to Government Code section 935(b), the claim shall be subject to
the provisions of Government Code sections 945.6 and 946.
(c) The City Council shall act on a timely claim within the time period required
by Government Code section 912.4.
(d) The procedure described in this Ordinance, and any additional procedures
established by the City Council, shall be the exclusive claims procedure for
claimants seeking a refund of the tax. The decision of the City Council shall
be final.
Section 5. 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 6. 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.
Section 7. Effective Date and Publication. This 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
Attest:
JENNIFER M. FERRAIOLO
City Clerk
2
DOUG KUEHNE
Mayor
State of California
County of San Joaquin, ss.
I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that uncodified
Ordinance No. 1940 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 —
I further certify that Ordinance No. 1940 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:
By:
JANICE D. MAGDICH
City Attorney
3
JENNIFER M. FERRAIOLO
City Clerk
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
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 20, 2017
ORDERED BY: JENNIFER M. FERRAIOLO
CITY CLERK
42IY7--7L +s r•�
PAMELA M. FARRIS
DEPUTY CITY CLERK
ELIZABETH BURGOS
ADMINISTRATIVE CLERK
Verify 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 ,./ 7 (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 Gi (a 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/1NDUSTRIAL Schedule G2 (> 8,000 kWh/monthl
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 63-S (Secondary) (400 kW - 500 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 $ 0.17228
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/month] N/A $ 137.23
Customer Charge N/A $ 3.23
Demand Charge - Summer ($/kW)
Demand Charge - Winter ($/kW) N/A $ 3.23
Peak Demand Charge - Summer ($/kW) N/A $ 10.98
Energy Charges - Summer ($/kWh)
See Notes $ 0.16606
Peak
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-S (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 65-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 a 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: g: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. 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)
On Thursday, April 20, 2017, in the City of Lodi, San Joaquin County, California, a
certified copy of Ordinance No. 1940 (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.
Pamela M. Farris
ORDERED BY:
JENNIFER M. FERRAIOLO
CITY CLERK
Elizabeth Burgos
Deputy City Clerk Administrative Clerk
ordsummaries\aaDecPost. doc
EXIBITA d
ORDINANCE NO. 1940
AN UNCOD1FIED 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)
WHEREAS, the City Council of the City of Lodi (the "City Council") has established
Community Facilities District No. 2007-1 (Public Services) (the "CFD") pursuant to Resolution
No. 2007-59 (the "Resolution of Formation"), duly adopted on April 4, 2007, for the purpose of
providing for the financing of certain public services in and for the CFD; and
WHEREAS, the City Council duly adopted Resolution No. 2017-57 (the "Resolution") on
April 5, 2017, wherein the City Council submitted the question of levying a special tax in territory
proposed to be annexed to the CFD at the rate and according to the method of apportionment
described therein; and
WHEREAS, at an election held in the territory proposed to be annexed to the CFD on
April 5, 2017, the qualified electors of such territory authorized the levy of the special tax described
in the Resolution; and
WHEREAS, the City Council duly adopted Resolution No. 2017-58 on April 5, 2017, wherein
the City Council determined that the territory proposed to be annexed was added to the CFD (such
territory being referred to herein as "Annexation No. 5").
NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Lodi:
Section 1. Recitals. The foregoing recitals are true and correct.
Section 2. Levy of Special Tax. Pursuant to Section 53340 of the California
Government Code, the special tax is hereby levied for Fiscal Year 2017/18 at the maximum rates
and apportioned in the manner specified in the Resolution.
Section 3. Collection of Special Tax. Pursuant to Section 53340 of the California
Government Code and the Resolution, the special tax shall be collected in the same manner as
ordinary ad valorem property taxes are collected and shall be subject to the same procedure, sale,
and lien priority in case of delinquency as is provided for ad valorem taxes; provided, however, that
the City may directly bill the special tax, may collect special taxes at a different time or in a different
manner if necessary to meet the financial obligations of the CFD or as otherwise determined
appropriate by the City.
Section 4. Claims for Refund. Claims for refund of the tax shall comply with the
following and any additional procedures as established by the City Council:
(a) All claims shall be filed, in writing, with the City Treasurer during the Fiscal
Year in which the error is believed to have occurred. The claimant shall file
the claim within this time period and the claim shall be finally acted upon by
the City Council as a prerequisite to bringing suit thereon.
1
(b) Pursuant to Government Code section 935(b), the claim shall be subject to
the provisions of Government Code sections 945.6 and 946.
(c) The City Council shall act on a timely claim within the time period required
by Government Code section 912.4.
(d) The procedure described in this Ordinance, and any additional procedures
established by the City Council, shall be the exclusive claims procedure for
claimants seeking a refund of the tax. The decision of the City Council shall
be final.
Section 5. 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 6. 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.
Section 7. Effective Date and Publication. This 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:
JENNIFER M. FERRAIOLO
City Clerk
2
DOUG KUEHNE
Mayor
State of California
County of San Joaquin, ss.
I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that uncodified
Ordinance No. 1940 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. 1940 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:
By:
JANICE D. MAGDICH
City Attorney
3
JENNIFER M. FERRAIOLO
City Clerk