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HomeMy WebLinkAboutAgenda Report - October 3, 2018 I-01TM CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: MEETING DATE: PREPARED BY: AGENDA ITEM 1-01 Ordinance No. 1958 Entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 13 — Public Services — Chapter 13.20, 'Electrical Service,' Article III, 'Rates,' by Repealing and Re -Enacting Section 13.20.315, 'Schedule EDR — Economic Development Rates,' in Its Entirety" October 3, 2018 City Clerk RECOMMENDED ACTION Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1958. BACKGROUND INFORMATION: Ordinance No. 1958 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 13 — Public Services — Chapter 13.20, 'Electrical Service,' Article III, 'Rates,' by Repealing and Re -Enacting Section 13.20.315, 'Schedule EDR — Economic Development Rates,' in Its Entirety," was introduced at the regular City Council meeting of September 19, 2018. 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: nnifer (erraiolo ity Clerk Stephen Schw N:\Administration\CLERK\Council\COUNCOM\Ordinance) .DOC , City Manager ORDINANCE NO. 1958 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 13 — PUBLIC SERVICES — CHAPTER 13.20, "ELECTRICAL SERVICE," ARTICLE III, "RATES," BY REPEALING AND RE-ENACTING SECTION 13.20.315, "SCHEDULE EDR — ECONOMIC DEVELOPMENT RATES," IN ITS ENTIRETY BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. Lodi Municipal Code Title 13 — Public Services — Chapter 13.20, "Electrical Service," Article III, "Rates," is hereby amended by repealing and re-enacting Section 13.20.315, "Schedule EDR - Economic Development Rates," in its entirety. Section 13.20.315 shall read as follows: SECTION 13.20.315 SCHEDULE EDR — ECONOMIC DEVELOPMENT RATES Applicability: A. New Business Rate (NBR) Discount. NBR discount, applicable to any new commercial or industrial customer that locates their operations/business in the City of Lodi and 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 I1 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, including but not limited to the NJR discount, and shall only apply to the base rate. Surcharges including, but not limited to, the California Energy Commission fee, 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 (NJR) 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 discount for four to six new positions; six percent discount for seven to nine positions; and eight percent discount 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, including but not limited to the NBR discount, and shall only apply to the base rate. Surcharges including, but not limited to, the California Energy Commission fee, 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. Proof of full-time position count must be sent to the City of Lodi for validation six months and twelve months after the customer's effective date of the NJR Discount. The rate schedules referenced above shall be effective on applicable electric utility billings prepared by the City of Lodi on or after December 1, 2018 and said utility rate discounts shall expire on December 31, 2023. 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. Effective Date and Publication. This Ordinance shall take effect on December 1, 2018. 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: YY1.�innaa,4 NIFER(I](1. FERRAIOLO City Clerk State of California County of San Joaquin, ss. Approved this 3rd day of October, 2018 ALAN NAKANISHI Mayor I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1958 was introduced at a regular meeting of the City Council of the City of Lodi held September 19, 2018, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held October 3, 2018, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Mounce, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Johnson and Kuehne ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1958 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 2 } NIFER MJFERRAIOLO City Clerk DECLARATION OF POSTING ORDINANCE NO. 1958 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 13.20, "ELECTRICAL SERVICE," ARTICLE III, "RATES," BY REPEALING AND RE-ENACTING SECTION 13.20.315, "SCHEDULE EDR — ECONOMIC DEVELOPMENT RATES," IN ITS ENTIRETY On Thursday, October 4, 2018, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1958 (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 October 4, 2018, 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. 1958 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 13 — PUBLIC SERVICES — CHAPTER 13.20, "ELECTRICAL SERVICE," ARTICLE III, "RATES," BY REPEALING AND RE-ENACTING SECTION 13.20.315, "SCHEDULE EDR — ECONOMIC DEVELOPMENT RATES," IN ITS ENTIRETY EXHiBri BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. Lodi Municipal Code Title 13 — Public Services — Chapter 13.20, "Electrical Service," Article III, "Rates," is hereby amended by repealing and re-enacting Section 13.20.315, "Schedule EDR - Economic Development Rates," in its entirety. Section 13.20.315 shall read as follows: SECTION 13.20.315 SCHEDULE EDR — ECONOMIC DEVELOPMENT RATES Applicability: A. New Business Rate (NBR) Discount. NBR discount, applicable to any new commercial or industrial customer that locates their operations/business in the City of Lodi and 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, including but not limited to the NJR discount, and shall only apply to the base rate. Surcharges including, but not limited to, the California Energy Commission fee, 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 (NJR) 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 discount for four to six new positions; six percent discount for seven to nine positions; and eight percent discount 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, including but not limited to the NBR discount, and shall only apply to the base rate. Surcharges including, but not limited to, the California Energy Commission fee, 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. Proof of full-time position count must be sent to the City of Lodi for validation six months and twelve months after the customer's effective date of the NJR Discount. C. The rate schedules referenced above shall be effective on applicable electric utility billings prepared by the City of Lodi on or after December 1, 2018 and said utility rate discounts shall expire on December 31, 2023. 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. Effective Date and Publication. This Ordinance shall take effect on December 1, 2018. 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 3`d day of October, 2018 ATTEST: ALAN NAKANISHI 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 Ordinance No. 1958 was introduced at a regular meeting of the City Council of the City of Lodi held September 19, 2018, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held October 3, 2018, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Mounce, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Johnson and Kuehne ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1958 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 JANICE D. MAGDICH City Attorney 2 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. 1958 AND 1959 PUBLISH DATE: SATURDAY, OCTOBER 6, 2018 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, OCTOBER 4, 2018 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK 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 classifiedl lodinews.cotn at f Q I flims} on i (date) INS Phoned to confirm receipt of all pages at(time) PMF S (initials) N:\Administration\CLERK\OrdS ummaries\Advins.doc CITY OF LODI ORDINANCE NO. 1958 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 13 — PUBLIC SERVICES — CHAPTER 13.20, "ELECTRICAL SERVICE," ARTICLE III, "RATES," BY REPEALING AND RE-ENACTING SECTION 13.20.315, "SCHEDULE EDR — ECONOMIC DEVELOPMENT RATES," IN ITS ENTIRETY. The purpose of this ordinance is to re-enact the Electric Utility rate discount from December 1, 2018, to December 31, 2023. Introduced September 19, 2018. Adopted October 3, 2018, and effective December 1, 2018. AYES: Chandler, Mounce, and Mayor Nakanishi; NOES: None; ABSENT: Johnson and Kuehne. ORDINANCE NO. 1959 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 2 — ADMINISTRATION AND PERSONNEL — BY REPEALING AND RE-ENACTING SECTION 2.12.120, "DISPOSITION OF PERSONAL PROPERTY," IN ITS ENTIRETY. The purpose of this ordinance is to allow honorably retired peace officers to purchase their City - issued handgun at retirement if they meet certain requirements, to increase the identified values of surplus property eligible for competitive or direct sale in the current ordinance in order to more efficiently dispose of surplus property, and to allow the sale of surplus property to be conducted via online public auction. Introduced October 3, 2018. Adoption to be considered October 17, 2018. AYES: Chandler, Mounce, and Mayor Nakanishi; NOES: None; ABSENT: Johnson and Kuehne. Jennifer M. Ferraiolo, City Clerk City of Lodi October 3, 2018 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. Please immediately confirm receipt of this ffax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: SUMMARY OF ORDINANCE NOS. 1957 AND 1958 PUBLISH DATE: SATURDAY, SEPTEMBER 22, 2018 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, SEPTEMBER 20, 2018 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK 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 classified)@lodinews.com at 10:0? (time) on � r i a Nate) LNS Phoned to confirm receipt of all pages at (time) �PM ES (initials) N:\Administration\CLERK\OrdSummaries\Adv ins. doc CITY OF LODI ORDINANCE NO. 1957 AN UNCODIFIED ORDINANCE OF THE LODI CITY COUNCIL REVISING THE GROWTH MANAGEMENT ORDINANCE BY EXPIRING 1,273 UNUSED RESIDENTIAL GROWTH ALLOCATIONS. The purpose of this ordinance is to reduce the number of Residential Growth Management Allocations currently available in the program. Introduced August 15, 2018. Adopted September 19, 2018, and effective October 19, 2018. AYES: Chandler, Kuehne, Mounce, and Mayor Nakanishi; NOES: None; ABSENT: Johnson. ORDINANCE NO. 1958 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 13 — PUBLIC SERVICES — CHAPTER 13.20, "ELECTRICAL SERVICE," ARTICLE III, "RATES," BY REPEALING AND RE-ENACTING SECTION 13.20.315, "SCHEDULE EDR — ECONOMIC DEVELOPMENT RATES," IN ITS ENTIRETY. The purpose of this ordinance is to re-enact the Electric Utility rate discount from December 1, 2018, to December 31, 2023. Introduced September 19, 2018. Adoption to be considered October 3, 2018. AYES: Chandler, Kuehne, Mounce, and Mayor Nakanishi; NOES: None; ABSENT: Johnson. Jennifer M. Ferraiolo, City Clerk City of Lodi September 19, 2018 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. DECLARATION OF POSTING ORDINANCE NO. 1958 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 13.20, "ELECTRICAL SERVICE," ARTICLE III, "RATES," BY REPEALING AND RE-ENACTING SECTION 13.20.315, "SCHEDULE EDR — ECONOMIC DEVELOPMENT RATES," IN ITS ENTIRETY On Thursday, September 20, 2018, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1958 (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 September 20, 2018, at Lodi, California. ORDERED BY: 477,r)1W-10., JENNIFER M. FERRAIOLO CITY CLERK Pamela M. Farris Elizabeth Burgos Deputy City Clerk Administrative Clerk ordsummaries\aaDecPost. doc ORDINANCE NO. 1958 EX HiBITA AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 13 — PUBLIC SERVICES — CHAPTER 13.20, "ELECTRICAL SERVICE," ARTICLE III, "RATES," BY REPEALING AND RE-ENACTING SECTION 13.20.315, "SCHEDULE EDR — ECONOMIC DEVELOPMENT RATES," IN ITS ENTIRETY BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. Lodi Municipal Code Title 13 — Public Services — Chapter 13.20, "Electrical Service," Article III, "Rates," is hereby amended by repealing and re-enacting Section 13.20.315, "Schedule EDR - Economic Development Rates," in its entirety. Section 13.20.315 shall read as follows: SECTION 13.20.315 SCHEDULE EDR — ECONOMIC DEVELOPMENT RATES Applicability: A. New Business Rate (NBR) Discount. NBR discount, applicable to any new commercial or industrial customer that locates their operations/business in the City of Lodi and 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, including but not limited to the NJR discount, and shall only apply to the base rate. Surcharges including, but not limited to, the California Energy Commission fee, 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 (NJR) 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 discount for four to six new positions; six percent discount for seven to nine positions; and eight percent discount 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, including but not limited to the NBR discount, and shall only apply to the base rate. Surcharges including, but not limited to, the California Energy Commission fee, 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. Proof of full-time position count must be sent to the City of Lodi for validation six months and twelve months after the customer's effective date of the NJR Discount. C. The rate schedules referenced above shall be effective on applicable electric utility billings prepared by the City of Lodi on. or after December 1, 2018 and said utility rate discounts shall expire on December 31, 2023. 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. Effective Date and Publication. This Ordinance shall take effect on December 1, 2018. 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 , 2018 ATTEST: ALAN NAKANISHI 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 Ordinance No. 1958 was introduced at a regular meeting of the City Council of the City of Lodi held September 19, 2018, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held October 3, 2018, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. 1958 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 JANICE D. MAGDICH City Attorney 2 City Clerk The foregoing document is certified to be a correct copy of the original on file In the City Clerk's Office. Pamela M. Farris Deputy City Clerk, City of Lodi Dated: q/a0/I,S? 492