HomeMy WebLinkAboutAgenda Report - December 7, 2011 J-01AGENDA ITEM J-01
A% CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Ordinance No. 1855 Entitled, "An Ordinance of the Lodi City Council Amending
Lodi Municipal Code Chapter 13.20 — Electrical Service — by Adding Section
13.20.020, `Energy Theft Diversion/Field Services Fee Recovery Schedule
MEETING DATE: December7,2011
1:2:I4:7-3 J41]:Yq
City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1855.
BACKGROUND INFORMATION: Ordinance No. 1855 entitled, "An Ordinance of the Lodi City Council
Amending Lodi Municipal Code Chapter 13.20 — Electrical Service —
by Adding Section 13.20.020, `Energy Theft Diversion/Field
Services Fee Recovery Schedule,"' was introduced at the regular City Council meeting of November 16,
2011.
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 fCode§ 36934.
Ordinances take effect 30 days after their final passage. Cal. Gov Ycode§ 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT:
FUNDING AVAILABLE:
RJrjmr
Attad mnt
None.
None required.
APPROVED:
Ran o
City Clerk
Konradt Bartlam, City Manager
N:\Administration\CLERK\Councll\COUNCOM\Ordinancel.DOC
ORDINANCE NO. 1855 Dj?4Pr
AN ORDINANCE OF THE LODI CITY COUNCIL
AMENDING LODI MUNICIPAL CODE CHAPTER 13.20 —
ELECTRICAL SERVICE — BY ADDING SECTION
13.20.020, "ENERGY THEFT DIVERSION/FIELD
SERVICES FEE RECOVERY SCHEDULE"
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Section 13.20— Electrical Service—is hereby amended
by adding Section 13.20.020, "Energy Theft Diversion/Field Services Fee Recovery
Schedule," and shall read as follows:
Section 13.20.020 Energy Theft Diversion/Field Services Fee Recovery Schedule
A. PURPOSE: The Lodi City Council finds and determines that there is and has been a
rise in utilitytheft in the City of Lodi whereby electricity services are being obtained without
payment, including but not limitedto, shutoff costs, metertampering, damageto or removal
of meter locking devices, energy diversion or theft of electric service, resulting in substantial
monetary losses to the City's ratepayers in the form of, including but not limitedto, loss of
revenue, replacement of damaged meters, meter testing fee and other related equipment
replacement or repair costs, personnel time in investigating and remedying theft matters,
investigative costs, and attorney's fees. The purpose of this ordinance is to establish clear
g u id el i nesfor the processing and recoveryof revenues related to theft aswelI as costs, fees,
and expenditures incurred by the City as a result of utilities theft as described herein.
B. ADOPTION OF FEES: The Lodi City Council shall from time to time establish by
Resolution fees to be charged to utility account holders where the City incurs costs as a
result of nonpayment, metertampering, or actual or attempted theft of energy. Costs shall
not exceed actual cost. Fees shall be limited to the following:
1� Theft Inspection Fee- shall be charged upon an inspection that shows that
the meter has been tampered with or that the meter has been bypassed.
2) Field Services Field Trip Fee - shall be charged on accounts that are sealed
for nonpayment.
3) Service Cut -At -Pole Fee — shall be charged on accounts that cannot be
turned off at meter boxwhen sealed for nonpaymentor on accountsthatthe
meter has been bypassed or tampered with.
4) Meter Set Fee — shall be charged when a meter must be replacedwhen the
meter has been tampered with or bypassed.
5) Damaged MeterTest Fee —shall be charged when a meter must betested
after the meter was tampered with or bypassed.
6) Meter Ring Fee — shall be charged when meter ring must be replaced after
the meter was tampered with or bypassed.
7) Padlock Fee — shall be charged when padlock must be installed or replaced
after the meter was tampered with or bypassed.
8) Meter Cover Fee — shall be charged when meter cover must be replaced
after the meter was tampered with or bypassed.
9) Damaged Meter Replacement Fee — shall be charged when meter is
unrepairable and must be replaced after meter was tampered with or
bypassed (separate fees for Single -Phase and/or Poly -Phase).
10) Nighthawk Collar/Nighthawk Meter Replacement Fee — shall be charged
when Nighthawk Collar and/or Nighthawk meter must be replaced after the
meterwas tampered with or bypassed.
SECTION 2. No Mandatory Duty cf Care. This ordinance is not intendedto and shall not
be construed or given effect in a mannerwhich imposes upon the City, or any officer or
employee thereof, a mandatoryduty of care towards persons or propertywithin the City or
outside of the City so as to provide a basis of civil liabilityfor 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 itwould have adopted this ordinance irrespectiveof the invaliditycf 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. This ordinance shall be published pursuantto law and shall become effective
30 days from the date of passage and adoption.
Attest:
RANDIJOHL
City Clerk
Approved this 7th day of December, 2011
BOBJOHNSON
Mayor
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State of California
County of San Joaquin, ss.
I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1855was
introduced at a regular meeting of the City Council of the City of Lodi held November 16,
201 1, and was thereafter passed, adopted, and ordered to print at a regular meeting of said
Council held December 7, 2011, by the following vote:
AYES: COUNCILMEMBERS—
NOES: COUNCILMEMBERS—
ABSENT: COUNCILMEMBERS—
ABSTAIN: COUNCIL MEMBERS —
Ifurther certifythat Ordinance No. 1855was approved and signed bythe Mayoron the date
of its passage and the same has been published pursuantto law.
Approved to Form:
D. STEPHEN SCHWABAUER
City Attorney
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RANDI JOHL
City Clerk