HomeMy WebLinkAboutAgenda Report - December 21, 2011 J-01AGENDA ITEM J-01
CITY OF LODI
COUNCIL COMMUNICATION
Im
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: December 21, 2011
PREPARED BY: 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't Code§ 36934.
Ordinances take effect 30 days after their final passage. Cal. Gov'fCode§ 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT:
FUNDING AVAILABLE:
RJ/jmr
Attachment
None.
None required.
City Clerk
APPROVED: c �c v
Konradt Bartlam, City Manager
N:Wdministration\CLERK\Council\COUNCOM\Ordinance1 . DOC
ORDINANCE NO. 1855
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 utility theft in the City of Lodi whereby electricity services are being obtained without
payment, including but not limited to, 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 limited to, 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
guidelinesfor the processing and recoveryof revenues relatedto theft aswell 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 inspectionthat 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 nonpayment or on accounts that the
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 Meter Test Fee — shall be charged when a meter must be tested
after the meter was tampered with or bypassed.
6) Meter Ring Fee — shall be charged when meter ring must be replaced after
the meterwas 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.
g) 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 (separatefees 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
meter was tampered with or bypassed.
SECTION 2. No Mandatory Duty of Care. This ordinance is not intendedto and shall not
be construed or given effect in a manner which imposes upon the City, or any officer or
employee thereof, a mandatoryduty of care towards persons or property within 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. Severabilitv. If any provisionof this ordinance orthe 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 invalidityof any
particular portion thereof.
SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
SECTION & This ordinance shall be published pursuantto law and shall become effective
30 days from the date of passage and adoption.
Approved this 21 st day of December, 2011
JOANNE MOUNCE
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,
2011, and was thereafter passed, adopted, and ordered to printat a regular meeting of said
Council held December 21, 2011, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Katzakian, Nakanishi, and
Mayor Mounce
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS—Johnson
ABSTAIN: COUNCIL MEMBERS — None
Ifurthercertifythat Ordinance No. 1855was approved and signed bythe Mayoron the date
of its passage and the same has been published pursu to law.
JOHL
City Clerk
Approved to Form:
D. STEPHEN SC HW U E R
City Attorney
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