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HomeMy WebLinkAboutAgenda Report - December 1, 2021 I-02AGENDA ITEM 1-02 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Ordinance No. 1989 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 Reenacting Section 13.20.315, 'Schedule EDR — Economic Development Rates,' in Its Entirety" MEETING DATE: PREPARED BY: December 1, 2021 City Clerk RECOMMENDED ACTION Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1989. BACKGROUND INFORMATION: Ordinance No. 1989 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 Reenacting Section 13.20.315, 'Schedule EDR — Economic Development Rates,' in Its Entirety," was introduced at the regular City Council meeting of November 17, 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 Jennifer Cusmir Jennifer Cusmir City Clerk APPROVED: Steve Schwabauer Stephen Schwabauer, City Manager \\cvcfilv01\administration$\Shared\cityclerk\Agenda\2021\120121\CLK - Ord 1989\Ordinance2.doc ORDINANCE NO. 1989 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 REENACTING 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 reenacting 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; eight percent discount for ten to twenty new positions. NJR discount, applicable to any commercial or industrial customer that adds 21 to 30 new, full-time positions, and retains those positions for 24 consecutive months, an eight percent discount; that adds 31-40 positions and retains those positions for 36 consecutive months, an eight percent discount; that adds 41-50 positions and retains those positions for 48 months, an eight percent discount; and that adds greater than 50 positions and retains those positions for 60 consecutive months, an eight percent discount. The discount will remain in effect if the number of new positions remain funded for the corresponding time period. The maximum discount available is eight percent; all discounts and time periods the discount remains in effect are contingent on the number of new, full-time employees added at the time of application; all discounts are subject to submission and validation of reports, as specified by the City. 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. C. The rate schedules referenced above shall be effective on applicable electric utility billings prepared by the City of Lodi on or after January 1, 2022. 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 ordinance 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 January 1, 2022. 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: ER CU IR y Clerk State of California County of San Joaquin Approved this 1St day of December, 2021. ALAN NAKANISHI Mayor I, Jennifer Cusmir, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1989 was introduced at a regular meeting of the City Council of the City of Lodi held November 17, 2021, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held December 1, 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. 1989 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. J- //, z 21-, 2,� . 4 J NIFER C�ISMIR ity Clerk Approved as to Form JANICE D MAGDICH City At ey DECLARATION OF POSTING �rayM1 a ORDINANCE NO. 1989 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 REENACTING SECTION 13.20.315, "SCHEDULE EDR — ECONOMIC DEVELOPMENT RATES," IN ITS ENTIRETY On Thursday, December 2, 2021, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1989 (attached hereto, marked Exhibit 'W') was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on December 2, 2021, at Lodi, California. Pamela M. Farris Assistant City Clerk ordsummarieAaaDecPost. doc ORDERED BY JENNIFER CUSMIR CITY CLERK Kaylee Clayton Administrative Clerk ORDINANCE NO. 1989 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 REENACTING 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 reenacting 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; eight percent discount for ten to twenty new positions. NJR discount, applicable to any commercial or industrial customer that adds 21 to 30 new, full-time positions, and retains those positions for 24 consecutive months, an eight percent discount; that adds 31-40 positions and retains those positions for 36 consecutive months, an eight percent discount; that adds 41-50 positions and retains those positions for 48 months, an eight percent discount; and that adds greater than 50 positions and retains those positions for 60 consecutive months, an eight percent discount. The discount will remain in effect if the number of new positions remain funded for the corresponding time period. The maximum discount available is eight percent; all discounts and time periods the discount remains in effect are contingent on the number of new, full-time employees added at the time of application; all discounts are subject to submission and validation of reports, as specified by the City. 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. C. The rate schedules referenced above shall be effective on applicable electric utility billings prepared by the City of Lodi on or after January 1, 2022. 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 ordinance 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 January 1, 2022. 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 1St day of December, 2021. ATTEST: ALAN NAKANISHI Mayor JENNIFER CUSMIR City Clerk State of California County of San Joaquin I, Jennifer Cusmir, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1989 was introduced at a regular meeting of the City Council of the City of Lodi held November 17, 2021, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held December 1, 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. 1989 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 2 'lease immediately confirm receipt of this f cox by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: SUMMARY OF ORDINANCE NO. 1988 AND NO. 1989 PUBLISH DATE: SATURDAY, DECEMBER 4, 2021 R *fIlv.1 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, DECEMBER 2, 2021 ORDERED BY: JENNIFER CUSMIR CITY CLERK PAMELA M. FARRIS ASSISTANT CITY CLERK KAYLEE CLAYTON ADMINISTRATIVE CLERK SEND PROOF OFADVERTISEMENT. THANK YOU!! Emailed to the Sentinel at legals@lodinews.com at \\cvcfilv0l\administration$\Administration\CLERK\OrdSummaries\Advins. doc on CITY OF LODI ORDINANCE NO. 1988 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 17 — DEVELOPMENT CODE — ARTICLE 3, "SITE PLANNING AND GENERAL DEVELOPMENT STANDARDS," CHAPTER 17.36 "STANDARDS FOR SPECIFIC LAND USES," BY ADDING SECTION 17.36.150, "SMALL CELL WIRELESS TELECOMMUNICATION FACILITIES IN THE PUBLIC RIGHT OF WAY." The purpose of this ordinance is to ensure compliance with Federal Communications Commission orders regarding application timeline/turnaround and fees, as well as address policy, public safety, land -use, and right-of-way issues for small cell wireless telecommunication facilities in the public right-of-way. Introduced November 17, 2021. Adopted December 1, 2021 and effective December 31, 2021. AYES: Chandler, Hothi, Khan, Kuehne, and Mayor Nakanishi; NOES: None; ABSENT: None. ORDINANCE NO. 1989 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 REENACTING SECTION 13.20.315, "SCHEDULE EDR — ECONOMIC DEVELOPMENT RATES," IN ITS ENTIRETY. The purpose of this ordinance is to modify the New Jobs Rate (NJR) discount program for Lodi Electric Utility's commercial and industrial customers creating more than 20 new jobs. Introduced November 17, 2021. Adopted December 1, 2021 and January 1, 2022. AYES: Chandler, Hothi, Khan, Kuehne, and Mayor Nakanishi; NOES: None; ABSENT: None. Jennifer Cusmir, City Clerk City of Lodi December 1, 2021 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk.