HomeMy WebLinkAboutAgenda Report - October 6, 2021 I-01AGENDA ITEM 1-01
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Ordinance No. 1984 Entitled, "An Ordinance of the Lodi City Council
Amending Lodi Municipal Code Title 13 — Public Services, Chapter 13.20,
"Electrical Service" by Enacting Section 13.20.231, "Schedule LD - Outdoor Dusk -
to -Dawn Lighting (LED) in Its Entirety"
MEETING DATE:
PREPARED BY:
October 6, 2021
City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1984.
BACKGROUND INFORMATION: Ordinance No. 1984 entitled, "An Ordinance of the Lodi City Council
Amending Lodi Municipal Code Title 13 — Public Services,
Chapter 13.20, "Electrical Service" by Enacting Section 13.20.231,
"Schedule LD - Outdoor Dusk -to -Dawn Lighting (LED) in Its Entirety," was introduced at the regular
City Council meeting of September 15, 2021.
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.
JC/PMF
Attachment
APPROVED: Steve Schwabauer
Jennifer Cusmir
Jennifer Cusmir
City Clerk
Stephen Schwabauer, City Manager
\\cvcfilv01\administration$\Shared\cityclerk\Agenda\2021\100621\CLK - Ordinance\Ordinance1.doc
ORDINANCE NO. 1984
AN ORDINANCE OF THE LODI CITY COUNCIL
AMENDING LODI MUNI—_IPAL CODE TITLE 13 — PUBLIC SERVICES,
CHAPTER 13.20 "ELECTRICAL SERVICE," ARTICLE III "RATES" BY
ENACTING SECTION 13.20.231 "SCHEDULE LD — OUTDOOR DUSK -
TO -DAWN LIGHTING (LED)" IN ITS ENTIRETY
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Tite 13 — Public Services," Chapter 13.20 "Electrical Service,"
Article III "Rates" is hereby amended by enacting Section 13.20.231 "Schedule LD — Outdoor Dusk -
to -Dawn Lighting (LED)" in its entirety. Section 13.20.231 shall read as follows:
SECTION 13.20.231 SCHEDULE LD — OUTDOOR DUSK -TO -DAWN LIGHTING (LED)
A. Applicability. This schedule is applicable to city -owned and maintained light emitting diode
(LED) outdoor overhead area lighting service. LED dusk -to -dawn lighting may not be used
for street lighting purposes.
B. Rates:
For each LED lamp up to and including 50 watts: $7.69 per billing cycle
For each LED lamp over 50 watts up to and including 110 watts: $11.14 per billing cycle
For LED outdoor dusk -to -dawn lighting with lamps exceeding 110 watts, the City of Lodi
Electric Utility will calculate and supply the monthly billing cycle charge(s) following the
method used herein, accourting for actual wattage of the proposed lamp.
For lighting efficiency and energy conservation, all existing customers taking service under
Schedule EL — Outdoor Dusk -to -Dawn Lighting will have existing non -LED lamps replaced
and will be required to take service under this Schedule LD — Outdoor Dusk -to -Dawn
Lighting (LED) effective the first billing cycle following lamp replacement. The City of Lodi
will replace non -LED lamps ipon the earlier of failure, damage, or end of useful life.
C. The charges above include all applicable surcharges.
D. Billing Cycle Charge (Month y Bill):
(1) Lamps shall be as specified by the City of Lodi Electric Utility, and shall be supported on
city -owned poles which are 4sed to carry distribution system circuits for other city purposes
and shall be at locations approved by the City of Lodi. Lamps will be controlled from dusk
to dawn each night so as to give approximately four thousand three hundred eighty hours
of service annually.
(2) Upon receipt of notice from a customer of failure of light to operate as scheduled, the City
of Lodi Electric utility will, within a reasonable period, make the necessary repairs.
(3) Relocation of existing outdoor lighting service equipment or the installation of added
facilities required other than mentioned above shall be at customer's expense prior to
starting work.
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 irvalidity 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 tl a 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, 2021.
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 publshed at least five (5) days prior to and fifteen (15) days after
adoption by the City Council, and a certifed copy shall be posted in the office of the City Clerk pursuant
to Government Code section 36933(c)(').
ATTEST:
Approved this 6th day of October, 2021
(/ 21 /4 Az__ .
ALAN NAKANISHI
Mayor
J NNIFER USMIR
City Clerk
State of California
County of San Joaquin, ss.
I, Jennifer Cusmir, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1984
was introduced at a regular meeting of :he City Council of the City of Lodi held September 15, 2021
and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held
October 6, 2021, by the following vote:
AYES: COUNCIL MEMBERS—Chandler, Hothi, Khan, Kuehne, and Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
I further certify that Ordinance No. 1984 was approved and signed by the Mayor on the date of
its passage and the same has been putlished pursuant to law.
Approved as to Form:
JA CE AGDICH
City Attorney
Cljdl1._/' 1112�
l R SMIR
11
` DECLARATION OF POSTING
ORDINANCE NO. 1984
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE
TITLE 13 — PUBLIC SERVICES, CHAPTER 13.20 "ELECTRICAL SERVICE,"
ARTICLE III "RATES" BY ENACTING SECTION 13.20.231 "SCHEDULE LD —
OUTDOOR DUSK -TO -DAWN LIGHTING (LED) IN ITS ENTIRETY
On Thursday, October 6, 2021, in the City of Lodi, San Joaquin County, California, a
certified copy of Ordinance No. 1984 (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 6, 2021, at Lodi, California.
Pamela M. Farris
Assistant City Clerk
ordsummariesraaDecPost.doc
ORDERED BY.
JENNIFER CUSMIR
CITY CLERK
Kaylee Clayton
Administrative Clerk
ORDINANCE NO. 1984
AN ORDINANCE OF THE LODI CITY COUNCIL
AMENDING LODI MUNICIPAL CODE TITLE 13 — PUBLIC SERVICES,
CHAPTER 13.20 "ELECTRICAL SERVICE," ARTICLE III "RATES" BY
ENACTING SECTION 13.20.231 "SCHEDULE LD — OUTDOOR DUSK -
TO -DAWN LIGHTING (LED)" 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 enacting Section 13.20.231 "Schedule LD — Outdoor Dusk -
to -Dawn Lighting (LED)" in its entirety. Section 13.20.231 shall read as follows:
SECTION 13.20.231 SCHEDULE LD — OUTDOOR DUSK -TO -DAWN LIGHTING (LED)
A. Applicability. This schedule is applicable to city -:owned and maintained light emitting diode
(LED) outdoor overhead area lighting service. LED dusk -to -dawn lighting may not be used
for street lighting purposes.
B. Rates:
For each LED lamp up to and including 50 watts: $7.69 per billing cycle
For each LED lamp over 50 watts up to and including 110 watts: $11.14 per billing cycle
For LED outdoor dusk -to -dawn lighting with lamps exceeding 110 watts, the City of Lodi
Electric Utility will calculate and supply the monthly billing cycle charge(s) following the
method used herein, accounting for actual wattage of the proposed lamp.
For lighting efficiency and energy conservation, all existing customers taking service under
Schedule EL — Outdoor Dusk -to -Dawn Lighting will have existing non -LED lamps replaced
and will be required to take service under this Schedule LD — Outdoor Dusk -to -Dawn
Lighting (LED) effective the first billing cycle following lamp replacement. The City of Lodi
will replace non -LED lamps upon the earlier of failure, damage, or end of useful life.
C. The charges above include all applicable surcharges.
D. Billing Cycle Charge (Monthly Bill):
(1) Lamps shall be as specified by the City of Lodi Electric Utility, and shall be supported on
city -owned poles which are used to carry distribution system circuits for other city purposes
and shall be at locations approved by the City of Lodi. Lamps will be controlled from dusk
to dawn each night so as to give approximately four thousand three hundred eighty hours
of service annually.
(2) Upon receipt of notice from a customer of failure of light to operate as scheduled, the City
of Lodi Electric utility will, within a reasonable period, make the necessary repairs.
(3) Relocation of existing outdoor lighting service equipment or the installation of added
facilities required other than mentioned above shall be at customer's expense prior to
starting work.
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. Severa ilit . 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, 2021.
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 6th day of October, 2021
ATTEST:
ALAN NAKANISHI
Mayor
JENNIFER CUSMIR
City Clerk
State of California
County of San Joaquin, ss.
I, Jennifer Cusmir, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1984
was introduced at a regular meeting of the City Council of the City of Lodi held September 15, 2021
and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held
October 6, 2021, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne, and Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
I further certify that Ordinance No.1984 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
JENNIFER CUSMIR
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
Assistant City Clerk, City of Lodi
1,_ :� AZ�LE1.1
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. 1984 - 1985
PUBLISH DATE: SATURDAY, OCTOBER 9, 2021
r
TEAR SHEETS WANTED: One (1) please
SEND AFFIDAVIT AND BILL TO: JENNIFER CUSMIR, CITY CLERK
LNS ACCT. #5100152 City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED: THURSDAY, OCTOBER 7, 2021
ORDERED BY: JENNIFER CUSMIR
CITY CLERK
4�1
a�� wz-3'2�
PAMELA M. FARRIS
ASSISTANT CITY CLERK
KAYLEE CLAYTON
ADMINISTRATIVE CLERK
Verify Appearance of this Legal in the Newspaper — Copy to File
SEND PROOF OF ADVERTISEMENT, THANK YOU!!
Emailed to the Sentinel at legals@lodinews.com at ! (time} on (date)
\\cvcfilv0l\administration$\Administration\CLERMOrdSummaries\Advins. doc
CITY OF LODI
ORDINANCE NO. 1984
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE
13 — PUBLIC SERVICES, CHAPTER 13.20 "ELECTRICAL SERVICE," ARTICLE III "RATES"
BY ENACTING SECTION 13.20.231, "SCHEDULE LD — OUTDOOR DUSK -TO -DAWN
LIGHTING (LED)," IN ITS ENTIRETY. The purpose of this ordinance is to set a new rate tariff
which reflects the appropriate costs to be billed to customers utilizing dusk -to -dawn lighting for
newer, more efficient LED fixtures. Introduced September 15, 2021. Adopted October 6, 2021
and effective December 1, 2021. AYES: Chandler, Hothi, Khan, Kuehne, and Mayor Nakanishi;
NOES: None; ABSENT: None.
ORDINANCE NO. 1985
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AMENDING PLANNED
DEVELOPMENT NO. 39 (REYNOLDS RANCH) TO ESTABLISH DEVELOPMENT
STANDARDS AND SPECIFIC HEIGHT LIMITS FOR HOTELS ON TWO PARCELS (058-660-
21 and 058-650-32). The purpose of this ordinance is to amend the development standards for
hotels on two parcels for Reynolds Ranch PD (39) to comply with City regulations. Introduced
October 6, 2021. Adoration to be considered October 20, 2021. AYES: Chandler, Hothi, Khan,
Kuehne, and Mayor Nakanishi; NOES: None; ABSENT: None.
Jennifer Cusmir, City Clerk
City of Lodi
October 6, 2021
Certified copies of the full text of these ordinances are available in the office of the
Lodi City Clerk.
DECLARATION OF POSTING
ORDINANCE NO. 1984
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE
TITLE 13 — PUBLIC SERVICES, CHAPTER 13.20 "ELECTRICAL SERVICE,"
ARTICLE III "RATES" BY ENACTING SECTION 13.20.231 "SCHEDULE LD —
OUTDOOR DUSK -TO -DAWN LIGHTING (LED) IN ITS ENTIRETY
On Monday, September 20, 2021, in the City of Lodi, San Joaquin County, California, a
certified copy of Ordinance No. 1984 (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, 2021, at Lodi, California.
Pamela M. Farris
Assistant City Clerk
ords ummaries\aaDecPost.doc
ORDERED BY:
JENNIFER CUSMIR
CITY CLERK
Kaylee Clayton
Administrative Clerk
ORDINANCE NO. 1984 0 L j
AN ORDINANCE OF THE LODI CITY COUNCIL —
AMENDING LODI MUNICIPAL CODE TITLE 13 — PUBLIC SERVICES,
CHAPTER 13.20 "ELECTRICAL SERVICE," ARTICLE III "RATES" BY
ENACTING SECTION 13.20.231 "SCHEDULE LD — OUTDOOR DUSK -
TO -DAWN LIGHTING (LED)" 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 enacting Section 13.20.231 "Schedule LD — Outdoor Dusk -
to -Dawn Lighting (LED)" in its entirety. Section 13.20.231 shall read as follows:
SECTION 13.20.231 SCHEDULE LD — OUTDOOR DUSK -TO -DAWN LIGHTING (LED)
A. Applicability. This schedule is applicable to city -owned and maintained light emitting diode
(LED) outdoor overhead area lighting service. LED dusk -to -dawn lighting may not be used
for street lighting purposes.
B. Rates:
For each LED lamp up to and including 50 watts: $7.69 per billing cycle
For each LED lamp over 50 watts up to and including 110 watts: $11.14 per billing cycle
For LED outdoor dusk -to -dawn lighting with lamps exceeding 110 watts, the City of Lodi
Electric Utility will calculate and supply the monthly billing cycle charge(s) following the
method used herein, accounting for actual wattage of the proposed lamp.
For lighting efficiency and energy conservation, all existing customers taking service under
Schedule EL — Outdoor Dusk -to -Dawn Lighting will have existing non -LED lamps replaced
and will be required to take service under this Schedule LD — Outdoor Dusk -to -Dawn
Lighting (LED) effective the first billing cycle following lamp replacement. The City of Lodi
will replace non -LED lamps upon the earlier of failure, damage, or end of useful life.
C. The charges above include all applicable surcharges.
D. Billing Cycle Charge (Monthly Bill):
(1) Lamps shall be as specified by the City of Lodi Electric Utility, and shall be supported on
city -owned poles which are used to carry distribution system circuits for other city purposes
and shall be at locations approved by the City of Lodi. Lamps will be controlled from dusk
to dawn each night so as to give approximately four thousand three hundred eighty hours
of service annually.
(2) Upon receipt of notice from a customer of failure of light to operate as scheduled, the City
of Lodi Electric utility will, within a reasonable period, make the necessary repairs.
(3) Relocation of existing outdoor lighting service equipment or the installation of added
facilities required other than mentioned above shall be at customer's expense prior to
starting work.
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, 2021.
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 , 2021
ATTEST:
ALAN NAKANISHI
Mayor
JENNIFER CUSMIR
City Clerk
State of California
County of San Joaquin, ss.
I, Jennifer Cusmir, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1984
was introduced at a regular meeting of the City Council of the City of Lodi held September 15, 2021
and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held
, 2021, by the following vote:
AYES: COUNCIL MEMBERS —
NOES: COUNCIL MEMBERS —
ABSENT: COUNCIL MEMBERS —
ABSTAIN: COUNCIL MEMBERS —
I further certify that Ordinance No. 1984 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
JENNIFER CUSMIR
City Clerk
00F�
SIIR.IFCT-
PUBLISH DATE:
Please immediately confirm receipt
of this fax by calling 333-6702
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUMMARY OF ORDINANCE NO. 1984
SATURDAY, SEPTEMBER 18, 2021
TEAR SHEETS WANTED: Ong (1.1 Please
SEND AFFIDAVIT AND BILL TO: JENNIFER CUSMIR, CITY CLERK
LNS ACCT. #5100152 City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED: THURSDAY, SEPTEMBER 16, 2021
ORDERED BY: JENNIFER CUSMIR
CITY CLERK
PAMELA M. FARRIS
ASSISTANT CITY CLERK
Kkkk CLAYTON
ADMINISTRATIVE CLERK
SEND PROOF OFADVERTISEMENT. THANK YOU!!
Emailed to the Sentinel at legals@lodinews.com at (time) on (date)
\\cvcfilvO I \adm inistration$\Admin istration\CLERMOrdS ummaries\Advins. doc
CITY OF LODI
ORDINANCE NO. 1984
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE
13 — PUBLIC SERVICES, CHAPTER 13.20 "ELECTRICAL SERVICE," ARTICLE III "RATES"
BY ENACTING SECTION 13.20.231, "SCHEDULE LD — OUTDOOR DUSK -TO -DAWN
LIGHTING (LED)," IN ITS ENTIRETY. The purpose of this ordinance is to set a new rate tariff
which reflects the appropriate costs to be billed to customers utilizing dusk -to -dawn lighting for
newer, more efficient LED fixtures. Introduced September 15, 2021. Adoption to he considered
October 6, 2021. AYES: Chandler, Hothi, Khan, Kuehne, and Mayor Nakanishi; NOES: None;
ABSENT: None.
Jennifer Cusmir, City Clerk
City of Lodi
September 15, 2021
Certified copy of the full text of this ordinance is available in the office of the Lodi City Clerk.
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