HomeMy WebLinkAboutAgenda Report - August 2, 2017 J-01CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM J-01
TM
AGENDA TITLE: Ordinance No. 1944 Entitled, "An Ordinance of the Lodi City Council Amending Lodi
Municipal Code Chapter 13.20 — Electric Service — By Repealing and Re -Enacting
Section 13.20.290, 'Schedule EP — Energy Purchase,' in Its Entirety"
MEETING DATE: August 2, 2017
PREPARED BY: City Clerk
RECOMMENDED ACTION:
BACKGROUND INFORMATION:
Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1944.
Ordinance No. 1944 entitled, "An Ordinance of the Lodi City Council
Amending Lodi Municipal Code Chapter 13.20 — Electrical Service — By
Repealing and Re -Enacting Section 13.20.290, 'Schedule EP — Energy
Purchase,' in Its Entirety," was introduced at the regular City Council
meeting of July 19, 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
4 nifer M. ,e rraloio
City Clerk
APPROVED:
j�
. en Sch :. er, City Manager
N:\Administration\CLERK\Council\COUNCOM\Ordinancel.DOC
ORDINANCE NO. 1944
AN ORDINANCE OF THE LODI CITY COUNCIL
AMENDING LODI MUNICIPAL CODE CHAPTER 13.20 —
ELECTRICAL SERVICE — BY REPEALING AND
REENACTING SECTION 13.20.290, "SCHEDULE EP —
ENERGY PURCHASE," IN ITS ENTIRETY
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Chapter 13.20 — Electrical Service is hereby amended by
repealing and reenacting Section 13.20.290, "Schedule EP — Energy Purchase," in its entirety,
and shall read as follows:
APPLICABILITY:
This schedule is applicable to qualifying customer -owned and operated generating
alternating current (AC) facilities operating in parallel with the City's electric distribution
system. The customer -generator must currently be, or will be, served by the City of Lodi
Electric Utility (LEU).
Generating facilities must be rated 1 MWcEc-Ac or less, located on the customer -generator's
premises, and intended for the purpose of offsetting a part or all of the customer -
generator's own electrical requirements. In no case shall the energy, capacity, and/or other
attributes be available for resale by the customer.
This schedule is available only to customers who do not otherwise qualify for compensation
for customer -owned generation under another LEU rate schedule or contract.
RATES:
Energy Charges:
Customer will be billed for all usage at the applicable service rate in effect when the electric
service was rendered in accordance with the eligible customer -generator's otherwise
applicable rate schedule based on metered usage for energy delivered and received after
the customer -generator serves its own instantaneous load.
Energy Purchase Credit:
Credit will be provided to the customer for all metered customer -generated energy that
exceeds the energy consumed, and is therefore exported to LEU's distribution system, at a
rate equal to the avoided cost to LEU; the specific value of which will be determined and
updated annually by LEU based on the following components: avoided energy and
transmission costs, environmental attribute value (if applicable, based on generation type),
avoided system loss, and avoided capacity value.
Energy Purchase Credit values will be published each year by June 1 on LEU's website and
provided to customers receiving service under this schedule.
The above charges and credits will be determined in accordance with LEU's metering
specifications. LEU reserves the right to install additional metering equipment for statistical
and/or billing purposes.
BILLING:
For each billing month, the customer shall receive a bill including all applicable Energy
Charges, including, but not limited to, customer charges, energy charges, demand charges,
and any surcharges, taxes, and/or discounts in accordance with their otherwise applicable
rate schedule. The bill will also include all applicable Energy Purchase Credits which shall
be used to offset the Energy Charges in a given billing month. Any credit(s) remaining at the
end of each billing month shall carry forward and be applied to the customer's next monthly
electric bill. Any outstanding charges will be due and payable at the end of each billing
month. Monthly customer charges, public benefit charges, and all other surcharges shall be
non -bypassable.
SPECIAL CONDITIONS:
Other conditions shall apply to this schedule as specified in the City of Lodi Electric Utility
Department's Rules and Regulations, as updated from time to time, and Engineering
Standards and Specifications (including metering requirements) which are available for
review on LEU's website.
Customers will be responsible for any and all metering and interconnection charges as
required to provide service under this schedule. Said charges will be determined and
updated annually by LEU and be based on the cost(s) associated with providing service
under this schedule. A schedule of charges will be available on LEU's website.
Any capacity or environmental attributes associated, now or in the future, with the credited
excess energy produced by the customer -generator at sites subject to this schedule shall
belong to the City. Capacity attributes include, but are not limited to, system, local, and/or
flexible resource adequacy capacity, if any. Environmental attributes include, but are not
limited to, Renewables Portfolio Standard eligible resources, renewable energy credits,
greenhouse gas credits, and/or emission reduction credits, if any.
LEU reserves the right to require a contract should it determine the customer -owned
generator does not otherwise meet the specified applicability requirements to qualify under
this schedule or another LEU rate schedule.
Customers currently taking service under Schedule NEM shall continue to be billed in
accordance with Schedule NEM for 20 years from the date of interconnection of their
existing customer -owned generation facility, after which time they will be given the option to
take service under this Schedule EP in order to continue to receive credit for their customer -
owned generation.
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.
2
SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar
as such conflict may exist.
SECTION 5. Effective Date and Publication. This Ordinance shall take effect on
September 1, 2017. 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 adaption 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 -2'd day of August, 2017
ATTEST:
IFER M'.
ity Clerk
DOUG Kl),E NE
Mayor ,i
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. 1944 was introduced at a regular meeting of the City Council of the City of Lodi held
July 19, 2017, and was thereafter passed, adopted, and ordered to print at a regular meeting of
said Council held August 2, 2017, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Johnson, Nakanishi, and
Mayor Kuehne
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mounce
ABSTAIN: COUNCIL MEMBERS — None
I further certify that Ordinance No. 1944 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:
JANICE 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 NO. 1944
PUBLISH DATE: SATURDAY, JULY 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, JULY 20, 2017
ORDERED BY: JENNIFER M. FERRAIOLO
CITY CLERK
427-7-2F_J:cL, 172 j
f
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 Ct'.6 (time) on 1 V111 (date) (pages)
LNS Phoned to confirm receipt of all pages at (time) PMF ES (initlais)
N:\Administration\CLERK\OrdSummaries\Advins.doc
CITY OF LODI
ORDINANCE NO. 1944
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE
CHAPTER 13.20 — ELECTRICAL SERVICE — BY REPEALING AND RE-ENACTING
SECTION 13.20.290, "SCHEDULE EP — ENERGY PURCHASE," IN ITS ENTIRETY. The
purpose of this ordinance is to establish a method and rate to compensate customer -owned
generation for generating facilities located on the customer -generator's premises operating in
parallel with Lodi's electric distribution system. Introduced July 19, 2017. Adoption to be
considered August 2, 2017. AYES: Chandler, Johnson, Nakanishi, and Mayor Kuehne; NOES:
Mounce; ABSENT: None.
Jennifer M. Ferraiolo, City Clerk
City of Lodi
July 19, 2017
Certified copy of the full text of this ordinance is available in the office of the Lodi City Clerk.
DECLARATION OF POSTING
ORDINANCE NO. 1944
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE
CHAPTER 13.20 — ELECTRICAL SERVICE — BY REPEALING AND RE-ENACTING
SECTION 13.20.290, "SCHEDULE EP — ENERGY PURCHASE," IN ITS ENTIRETY.
On Thursday, July 20, 2017, in the City of Lodi, San Joaquin County, California, a
certified copy of Ordinance No. 1944 (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 20, 2017, at Lodi, California.
Pamela M. Farris
ORDERED BY:
JENNIFER M. FERRAIOLO
CITY CLERK
Elizabeth Burgos
Deputy City Clerk Administrative Clerk
ordsu mmaries\aaDecPost. doc
ORDINANCE NO. 1944
AN ORDINANCE OF THE LODI CITY COUNCIL
AMENDING LODI MUNICIPAL CODE CHAPTER 13.20 —
ELECTRICAL SERVICE — BY REPEALING AND
REENACTING SECTION 13.20.290, "SCHEDULE EP —
ENERGY PURCHASE," IN ITS ENTIRETY
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Chapter 13.20 — Electrical Service is hereby amended by
repealing and reenacting Section 13.20.290, "Schedule EP — Energy Purchase," in its entirety,
and shall read as follows:
APPLICABILITY:
This schedule is applicable to qualifying customer -owned and operated generating
alternating current (AC) facilities operating in parallel with the City's electric distribution
system. The customer -generator must currently be, or will be, served by the City of Lodi
Electric Utility (LEU).
Generating facilities must be rated 1 MWcEc-ac or Tess, located on the customer -generator's
premises, and intended for the purpose of offsetting a part or all of the customer -
generator's own electrical requirements. In no case shall the energy, capacity, and/or other
attributes be available for resale by the customer.
This schedule is available only to customers who do not otherwise qualify for compensation
for customer -owned generation under another LEU rate schedule or contract.
RATES:
Energy Charges:
Customer will be billed for all usage at the applicable service rate in effect when the electric
service was rendered in accordance with the eligible customer -generator's otherwise
applicable rate schedule based on metered usage for energy delivered and received after
the customer -generator serves its own instantaneous load.
Energy Purchase Credit:
Credit will be provided to the customer for all metered customer -generated energy that
exceeds the energy consumed, and is therefore exported to LEU's distribution system, at a
rate equal to the avoided cost to LEU; the specific value of which will be determined and
updated annually by LEU based on the following components: avoided energy and
transmission costs, environmental attribute value (if applicable, based on generation type),
avoided system Toss, and avoided capacity value.
Energy Purchase Credit values will be published each year by June 1 on LEU's website and
provided to customers receiving service under this schedule.
The above charges and credits will be determined in accordance with LEU's metering
specifications. LEU reserves the right to install additional metering equipment for statistical
and/or billing purposes.
BILLING:
For each billing month, the customer shall receive a bill including all applicable Energy
Charges, including, but not limited to, customer charges, energy charges, demand charges,
and any surcharges, taxes, and/or discounts in accordance with their otherwise applicable
rate schedule. The bill will also include all applicable Energy Purchase Credits which shall
be used to offset the Energy Charges in a given billing month. Any credit(s) remaining at the
end of each billing month shall carry forward and be applied to the customer's next monthly
electric bill. Any outstanding charges will be due and payable at the end of each billing
month. Monthly customer charges, public benefit charges, and all other surcharges shall be
non -bypassable.
SPECIAL CONDITIONS:
Other conditions shall apply to this schedule as specified in the City of Lodi Electric Utility
Department's Rules and Regulations, as updated from time to time, and Engineering
Standards and Specifications (including metering requirements) which are available for
review on LEU's website.
Customers will be responsible for any and all metering and interconnection charges as
required to provide service under this schedule. Said charges will be determined and
updated annually by LEU and be based on the cost(s) associated with providing service
under this schedule. A schedule of charges will be available on LEU's website.
Any capacity or environmental attributes associated, now or in the future, with the credited
excess energy produced by the customer -generator at sites subject to this schedule shall
belong to the City. Capacity attributes include, but are not limited to, system, local, and/or
flexible resource adequacy capacity, if any. Environmental attributes include, but are not
limited to, Renewables Portfolio Standard eligible resources, renewable energy credits,
greenhouse gas credits, and/or emission reduction credits, if any.
LEU reserves the right to require a contract should it determine the customer -owned
generator does not otherwise meet the specified applicability requirements to qualify under
this schedule or another LEU rate schedule.
Customers currently taking service under Schedule NEM shall continue to be billed in
accordance with Schedule NEM for 20 years from the date of interconnection of their
existing customer -owned generation facility, after which time they will be given the option to
take service under this Schedule EP in order to continue to receive credit for their customer -
owned generation.
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.
2
SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar
as such conflict may exist.
SECTION 5. Effective Date and Publication. This Ordinance shall take effect on
September 1, 2017. 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).
ATTEST:
JENNIFER M. FERRAIOLO
City Clerk
Approved this day of , 2017
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 Ordinance
No. 1944 was introduced at a regular meeting of the City Council of the City of Lodi held
July 19, 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. 1944 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 JENNIFER M. FERRAIOLO
City Clerk
JANICE 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 NO. 1944 AND NO. 1945
PUBLISH DATE: SATURDAY, AUGUST 5, 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, AUGUST 3, 2017
ORDERED BY: JENNIFER M. FERRAIOLO
CITY CLERK
1I A
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 krystals@lodinews.com at C1:561 (time) on 2'3Jr"1 (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. 1944
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE
CHAPTER 13.20 — ELECTRICAL SERVICE — BY REPEALING AND RE-ENACTING
SECTION 13.20.290, "SCHEDULE EP — ENERGY PURCHASE," IN ITS ENTIRETY. The
purpose of this ordinance is to establish a method and rate to compensate customer -owned
generation for generating facilities located on the customer -generator's premises operating in
parallel with Lodi's electric distribution system. Introduced July 19, 2017. Adopted
August 2, 2017, and effective September 1, 2017. AYES: Chandler, Johnson, Nakanishi, and
Mayor Kuehne; NOES: None; ABSENT: Mounce.
ORDINANCE NO. 1945
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE
15 — BUILDINGS AND CONSTRUCTION — BY ADDING CHAPTER 15.15, "ELECTRIC
VEHICLE CHARGING STATION STREAMLINED PERMITTING PROCESS." The purpose of
this ordinance is to comply with Government Code Section 65850.7 to achieve timely and cost-
effective installations of electric vehicle charging stations. Introduced August 2, 2017. Adoption
to be considered August 16, 2017. AYES: Chandler. Johnson, Nakanishi, and Mayor Kuehne;
NOES: None; ABSENT: Mounce.
Jennifer M. Ferraiolo, City Clerk
City of Lodi
August 2, 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. 1944
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE
CHAPTER 13.20 — ELECTRICAL SERVICE — BY REPEALING AND RE-ENACTING
SECTION 13.20.290, "SCHEDULE EP — ENERGY PURCHASE," IN ITS ENTIRETY.
On Thursday, August 3, 2017, in the City of Lodi, San Joaquin County, California, a
certified copy of Ordinance No. 1944 (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 August 3, 2017, at Lodi, California.
Pamela M. Farris
ORDERED BY:
JENNIFER M. FERRAIOLO
CITY CLERK
Elizabeth Burgos
Deputy City Clerk Administrative Clerk
ordsummaries\aaDecPost. doc
ORDINANCE NO. 1944
AN ORDINANCE OF THE LODI CITY COUNCIL
AMENDING LODI MUNICIPAL CODE CHAPTER 13.20 —
ELECTRICAL SERVICE — BY REPEALING AND
REENACTING SECTION 13.20.290, "SCHEDULE EP —
ENERGY PURCHASE," IN ITS ENTIRETY
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Chapter 13.20 — Electrical Service is hereby amended by
repealing and reenacting Section 13.20.290, "Schedule EP — Energy Purchase," in its entirety,
and shall read as follows:
APPLICABILITY:
This schedule is applicable to qualifying customer -owned and operated generating
alternating current (AC) facilities operating in parallel with the City's electric distribution
system. The customer -generator must currently be, or will be, served by the City of Lodi
Electric Utility (LEU).
Generating facilities must be rated 1 MWcEc-Ac or less, located on the customer -generator's
premises, and intended for the purpose of offsetting a part or all of the customer -
generator's own electrical requirements. In no case shall the energy, capacity, and/or other
attributes be available for resale by the customer.
This schedule is available only to customers who do not otherwise qualify for compensation
for customer -owned generation under another LEU rate schedule or contract.
RATES:
Energy Charges:
Customer will be billed for all usage at the applicable service rate in effect when the electric
service was rendered in accordance with the eligible customer -generator's otherwise
applicable rate schedule based on metered usage for energy delivered and received after
the customer -generator serves its own instantaneous Toad.
Energy Purchase Credit:
Credit will be provided to the customer for all metered customer -generated energy that
exceeds the energy consumed, and is therefore exported to LEU's distribution system, at a
rate equal to the avoided cost to LEU; the specific value of which will be determined and
updated annually by LEU based on the following components: avoided energy and
transmission costs, environmental attribute value (if applicable, based on generation type),
avoided system loss, and avoided capacity value.
Energy Purchase Credit values will be published each year by June 1 on LEU's website and
provided to customers receiving service under this schedule.
The above charges and credits will be determined in accordance with LEU's metering
specifications. LEU reserves the right to install additional metering equipment for statistical
and/or billing purposes.
BILLING:
For each billing month, the customer shall receive a bill including all applicable Energy
Charges, including, but not limited to, customer charges, energy charges, demand charges,
and any surcharges, taxes, and/or discounts in accordance with their otherwise applicable
rate schedule. The bill will also include all applicable Energy Purchase Credits which shall
be used to offset the Energy Charges in a given billing month. Any credit(s) remaining at the
end of each billing month shall carry forward and be applied to the customer's next monthly
electric bill. Any outstanding charges will be due and payable at the end of each billing
month. Monthly customer charges, public benefit charges, and all other surcharges shall be
non -bypassable.
SPECIAL CONDITIONS:
Other conditions shall apply to this schedule as specified in the City of Lodi Electric Utility
Department's Rules and Regulations, as updated from time to time, and Engineering
Standards and Specifications (including metering requirements) which are available for
review on LEU's website.
Customers will be responsible for any and all metering and interconnection charges as
required to provide service under this schedule. Said charges will be determined and
updated annually by LEU and be based on the cost(s) associated with providing service
under this schedule. A schedule of charges will be available on LEU's website.
Any capacity or environmental attributes associated, now or in the future, with the credited
excess energy produced by the customer -generator at sites subject to this schedule shall
belong to the City. Capacity attributes include, but are not limited to, system, local, and/or
flexible resource adequacy capacity, if any. Environmental attributes include, but are not
limited to, Renewables Portfolio Standard eligible resources, renewable energy credits,
greenhouse gas credits, and/or emission reduction credits, if any.
LEU reserves the right to require a contract should it determine the customer -owned
generator does not otherwise meet the specified applicability requirements to qualify under
this schedule or another LEU rate schedule.
Customers currently taking service under Schedule NEM shall continue to be billed in
accordance with Schedule NEM for 20 years from the date of interconnection of their
existing customer -owned generation facility, after which time they will be given the option to
take service under this Schedule EP in order to continue to receive credit for their customer -
owned generation.
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.
2
SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar
as such conflict may exist.
SECTION 5. Effective Date and Publication. This Ordinance shall take effect on
September 1, 2017. 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 2nd day of August, 2017
ATTEST:
JENNIFER M. FERRAIOLO
City Clerk
DOUG KUEHNE
Mayor
State of California
County of San Joaquin, ss.
1, Jennifer M. Ferraiclo, City Clerk of the City of Lodi, do hereby certify that Ordinance
No. 1944 was introduced at a regular meeting of the City Council of the City of Lodi held
July 19, 2017, and was thereafter passed, adopted, and ordered to print at a regular meeting of
said Council held August 2, 2017, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Johnson, Nakanishi, and
Mayor Kuehne
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mounce
ABSTAIN: COUNCIL MEMBERS — None
I further certify that Ordinance No. 1944 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: JENNIFER M. FERRAIOLO
City Clerk
JANICE D. MAGDICH
City Attorney
3