HomeMy WebLinkAboutAgenda Report - November 4, 2015 I-01AGENDA ITEM .
&U% CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Introduce Ordinance Amending Lodi Municipal Code Title 13 "Public Services" by
Repealing and Re-enacting Chapter 13.04 "Service Generally" and Chapter 13.08
"Water Service" in their Entirety
MEETING DATE: November 4, 2015
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Introduce ordinance amending Lodi Municipal Code Title 13 "Public
Services" by repealing and re-enacting Chapter 13.04 "Service
Generally" and Chapter 13.08 "Water Service" in their entirety.
BACKGROUND INFORMATION: Staff is recommending changes to Title 13 "Public Services" for the
purpose of updating code sections to reflect current practice related
to implementation of the Water Meter Program and to clean up
language as appropriate. These recommended changes are listed below and provided in red line/strike
out form in Exhibit A.
13.04.030 -- Includes provision of termination of public services for delinquent payment. This could
include termination of electric and water service that would result in an uninhabitable structure. Also,
provides for levying a charge for disconnection and reconnection as is the current situation with the
Electric Utility. If electric and water service were disconnected and reconnected, the existing Electric
Utility fee of $75.00 would be charged and provisions for deposits would be enacted. As requested at the
October 27, 2015 Shirtsleeve meeting, a provision has been added relating to the termination of water
service as follows: "In no event will water service be terminated for non-payment sooner than 120 -days
after the issue date of the bill or the accrual of delinquent utility charges in excess of $3,000, whichever
occurs first. Forty-eight (48) hours prior to termination of water service, the account holder shall receive
personal notification of the City's intent to terminate service; in the event the account holder cannot be
located, the property where service is provided will be posted with a notice of termination."
13.04.040 -- Includes an allowance for licensed contractors to install water and sewer service
connections.
13.04.060 -- Includes condominiums with the apartment and flat provisions of this section. Added
language, "When one or more meters are installed on the water service(s) to parcels with apartments,
condominiums, and flats, the water and sewage charges will be billed based upon the usage recorded by
the meter to the owner or the owner's agent -in -charge. Water and sewer charges for individually
metered apartments, condominiums, and flats will be billed to the occupant."
13.04.140 -- Adds a section as follows, "Tampering with or Destruction of Utility Systems or Equipment.
Damage or destruction to city utility equipment or systems, including water meters, water or sewer lines,
electric meters, or electric lines or connections, in addition to the diversion of water to bypass a meter or
energy theft diversion, are each punishable as a misdemeanor, in addition to any administrative fee or
penalty which may be imposed under this code."
K:\WP\Water\C Water Code Changes 11-4-15.doc 10/28/2015
Introduce Ordinance Amending Lodi Municipal Code Title 13 "Public Services" by Repealing and Re-enacting Chapter 13.04 "Service Generally" and Chapter 13.08
"Water Service" in their Entirety.
November 4, 2015
Page 2
13.08.050 -- Includes in the "Metered Service" section that meters and appurtenant facilities are the
property of the City, the City has right to access meter facilities (particularly those located in backyards),
water meters are only to be installed on City -owned facilities unless approved by the City Council, and
property owners (City properties exempt) are required to pay for the meter charge.
13.08.055 -- Establishes a procedure for the City to charge for meter testing although no charge is
recommended at this time. Property .owners will need to submit a written request to have their meter
tested. If the test results demonstrate the meter is accurate within plus or minus three percent, the
customer will be required to pay for testing the meter if a charge has been put into effect by the Council.
If it is determined the meter is inaccurate by more than plus or minus three percent, customer's bill will be
adjusted and there will be no charge for the meter test and the meter will be replaced.
13.08.140 -- "Major crossings" section should be removed because it is no longer a component of the
Impact Mitigation Fee Program.
13.08.150 -- For all water customer classes where an oversized meter is installed, meter charge and
monthly base charge will be based upon the right -sized meter. For example, a new residential unit with
fire suppression may require a 1 -inch meter for fire suppression but a 3/4 -inch meter for service. The
customer will be charged based upon the 3/4 -inch meter size. Similarly, a non-residential customer that
received a new 2 -inch meter but its service requirements are for a 1 -inch meter, the customer meter and
monthly service charge will be based upon a 1 -inch meter size.
13.08.170 -- Adds two sections describing the customer's responsibility for testing, maintenance, and
repair of backflow prevention assemblies.
13.08.230 -- Further defines water waste to include overspray, excessive watering, operation of a water
feature using non -recycled water, and watering outside permitted times.
13.08.240 -- Provides clarification on watering days, exemption for parks due to size and use patterns,
and authorizes the Public Works Director to modify permitted watering times during drought conditions.
13.08.250 -- Establishes enforcement procedures, penalties for water waste, and an appeal process.
The water waste penalties are provided for in the ordinance but separate City Council action to adopt a
resolution setting the amount of the penalties is scheduled for the November 18, 2015 City Council
meeting.
A review of the ordinance changes provided in Exhibit A will reveal other minor grammatical and
clarifying changes that have not been noted above.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable.
F. Wally 96rldelin
Public Works Director
Prepared by F. Wally Sandelin, Public Works Director
FWS/FWS/tb
Attachment
K:\WP\Water\C Water Code Changes 11-4-15.doc 10/28/2015
ORDINANCE NO.
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING
LODI MUNICIPAL CODE TITLE 13 "PUBLIC SERVICES"
BY REPEALING AND REENACTING CHAPTER 13.04 —
"SERVICE GENERALLY" AND CHAPTER 13.08 —
"WATER SERVICE" IN THEIR ENTIRETY
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Chapter 13.04 "Service Generally" is hereby repealed and
reenacted to read as follows:
CHAPTER 13.04 - SERVICE GENERALLY
Sections
13.04.010 Definitions
13.04.020 Application for Service or Discontinuance.
13.04.025 Deposits.
13.04.030 Bill Payment and Delinquency.
13.04.040 Connections Generally.
13.04.050 Connection Charges.
13.04.060 Apartments, Condominiums and Flats.
13.04.070 Restriction or Interruption.
13.04.080 Connection or Reconnection by Plumbers.
13.04.090 Right of Access for Inspection.
13.04.100 Pipe and Facility Maintenance.
13.04.110 Service Only to Contracted Premises.
13.04.120 Bill Adjustment.
13.04.130 Low Income Adjustments.
13.04.140 Tampering with or Destruction of Utility Systems or Equipment.
13.04.010 Definitions.
For the purposes of this chapter, the following words and phrases when used in this chapter
shall have the meanings respectively ascribed to them by this section:
A. "Delinquent bills" means all accounts that have not been paid to the city within twenty-six
days after the issue date of the bill for the services provided for by this chapter.
B. "Director of Finance" means the person named from time to time by the City Manager to
be in charge of the financial records and accounts of the city.
C. "Electric connection" means all wires, insulators, conduits, fuse blocks, fuses, and
switches up to and including the meter used to connect the consumer's electric wiring to the
city's electrical distribution system.
D. "GaF Refuse collection service" means that service described in Chapter
13.16 relating to garbage.
E. "Sanitary sewer tap" means all connections, valves, pipes, and fittings used to connect
the customer's sewer system to the city sewer mains.
F. "Service" means the supplying of water, electrical energy, the collection of gaFbaqesolid
waste refuse, and the disposal of sewage.
G. "Sewage disposal service" means that service provided for in Chapter 13.12 relating to
sewers.
H. "Water tap" means the connection valves, pipes, and fittings used to connect the
customer's water system to the city water mains.
13.04.020 Application for service or discontinuance.
All applications for service or discontinuance of service shall be made to, and on forms provided
by, the Director of Finance. The Director of Finance shall issue all orders for services, changes,
or discontinuances.
13.04.025 Deposits.
1. Services. A deposit for the furnishing or continuance of service may be required by the
Director of Finance. Such deposit shall not exceed the estimated amount of charges for two
months' service.
2. No United States Issued Identification. In addition to a deposit for services, the Director
of Finance may require a deposit not to exceed the estimated amount of charges for two
months' services of a customer who is unable to provide a United States issued identification.
3. Length of Deposit.
a. Deposits for services shall remain on the account until twelve consecutive billing
periods have passed without late charges being assessed, unless the account is
discontinued prior to such event. Return of deposit amounts shall be in the form
of credit to the account, unless the account is discontinued, in which case the
deposit shall be applied to the final billing and any excess shall be returned to the
customer by check.
b. Deposits for no United States issued identification shall remain on the account
until the account is discontinued, or until valid United States issued identification
is provided. Return of deposit amounts shall be in the form of a credit to the
account, unless the account is discontinued, in which case the deposit shall be
applied to the final billing and any excess shall be returned to the customer by
check. A non -U.S. identification deposit will not be required where at least one
U.S. Identification exists on the account.
13.04.030 Bill payment and delinquency.
A. Payment. All bills for the services enumerated in this chapter are due and payable upon
receipt thereof, at the finance division, Lodi, California, and become delinquent twenty-six days
after the issue date of the bill.
B. Delinquency and Termination of Services. The Director of Finance shall send notice of
delinquent bills, and if all delinquent charges for services are not paid within ten days after
mailing this notice, then the Director of Finance may discontinue all service furnished to the
customer by the city. Within this ten-day notice period, the Director of Finance shall provide a
notice forty-eight hours prior to discontinuance of services. Termination of utility services shall
be in accordance with Government Code section 54346.
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1. In no event will water service be terminated for non-payment sooner than 120 -days
after the issue date of the bill or the accrual of delinquent utility charges in excess of
$3,000, whichever occurs first. Forty-eight (48) hours prior to termination of water
service, the account holder shall receive personal notification of the city's intent to
terminate service; in the event the account holder cannot be located the property where
service is provided will be posted with a notice of termination.
C. Appeal. Prior to any discontinuance of service furnished to the customer by the city, the
customer may request the opportunity to be heard as to any adjustment or cancellation of any
bill. The hearing shall be held before the Director of Finance or #designee. In the event of a
discontinuance of service, as provided in this subsection, the Director of Finance may require as
a condition precedent to the resumption of service that the customer pay:
All amounts due and owing;
2. The GOM to the city -9f 6106GGntin ing and FeG MM9 seR4GeA_
disconnectionlreconnection charge as determined by City Council_Resolution, for
each occasion that the city has to disconnect and/or reconnect service
discontinued for nonpayment of utility services; and
3. A deposit in an amount not exceeding the estimated amount of charges for two
months' service.
The Director of Finance or designee may waive delinquent amounts and negotiate a repayment
schedule for up to three months (within any twelve-month period) when in the opinion of the
Director of Finance or designee the customer can demonstrate financial hardship. No more than
two repayment schedules may be allowed in any twelve-month period.
QED. Closing Bills. Closing bills are due on the date on which service is discontinued.
D -FE Late Charge Penalties. Delinquent bills shall be assessed a lata rhargepenalties which
will be set from time to time by lihCity Council Resolution. The Tate-G4aWpenalties may be
waived by the Director of Finance when the customer can present evidence of financial hardship
f or convincing information that timely payment could not have been reasonably expected.
13.04.040 Connections generally.
No person except a duly authorized employee of the city shall make any water, electrical, or
sewer service connection to the city supply lines. Alternatively, an Encroachment Permit may be
issued for water and sewer connections to the city supply lines if the work is to be performed by
a state licensed contractor under contract with the property owner. Water and sewer tapping
includes bringing the supply lines to a point six inches inside the property line. Electrical
connection includes the service drop and necessary meter. On all new and reconstructed
buildings where water, sewer, and electrical connections are involved, the equipment and
equipment locations must be approved by the inspecting authority.
A service charge will be charged to the applicant when trouble calls involve customer caused
service interruptions. All costs of water tapping and sewer connections shall be borne by the
applicant and shall be charged at actual cost to the city. However, a flat rate may be established
by the provisions of Section 13.04.050 of this chapter.
13.04.050 Connection charges
The Public Works Director may, with the approval of the Director of Finance, establish or
change rates charged for water and sewer connections based on the average cost to the city for
such connections made within the preceding six-month period.
13.04.060 Apartments, Condominiums and flats
When more than one flat, apartment, building, condominium or premises is supplied through
one water tap, each occupant may pay his own water and sewage bill if flat rates apply.
However, if at any time the water is used by an occupant and such fact is not reported to the
city, the Director of Finance may require that the owner or the owners' agent -in -charge pay all
the water and sewage charges applying to the flats, apartments, buildings, condominiums. or
premises being supplied through one tap._When one or more meters are installed on the water
service(s) to parcels with apartments, condominiums, and flats the water and sewage charges
will be billed based upon the usage recorded by the meter to the owner or the owner's agent -in -
charge. Water and sewer charges for individually metered apartments, condominiums and flats
will be billed to the occupant.
13.04.070 Restriction or interruption.
The city reserves the right to limit the amount of water supplied to any customer or to different
parts of the city should it appear necessary to do so, and shall not be liable for temporary
discontinuance of any service while making repairs or replacements.
13.04.080 Connection or reconnection by plumbers.
No plumber shall leave water turned on at any newly erected building unless it is by consent of
the city, nor shall he connect or reconnect any service found shut off at the service stop.
13.04.090 Right of access for inspection.
Authorized employees of the city shall have the right of access to any premises receiving any
service named in this chapter at reasonable hours for the purposes of inspection.
13.04.100 Pipe and facility maintenance.
The owner or occupant of premises where city services are supplied shall keep all service
pipes, valves, connections or other facilities used in connection with such supply in good repair
at all times, and the city shall not be liable for damage sustained by reason of such owner or
occupant's neglect.
13.04.110 Service only to contracted premises.
No person shall supply service to any premises other than the one to which the service contract
applies.
13.04.120 Bill adjustment.
Application for the adjustment or cancellation of a bill any consumer believes to be inconsistent
with the provisions of this code or other ordinances of this city relating to water, electric,
n'refuse coiiection, and sewage services shall be made to the Director of Finance. Appeal
from the decision of the Director of Finance may be made to the City Manager whose decision
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may, upon request, be subject to a final review by the City Council. Decisions of the City Council
are final.
13.04.130 Low income adjustments.
The rates for residential refuse collection service, as they now exist or may hereafter be
modified under this chapter, shall be reduced as established by Resolution for those residential
accounts in the names of persons meeting the eligibility criteria for applicable electric service
discounts as provided in this title. Proof of eligibility will be required by the city to qualify for the
rate adjustments provided herein.
13.04.140 Tampering with or Destruction of Utility Systems or Equipment.
Damage or destruction to cid utility equipment or systems, including water meters, water or
sewer lines, electric meters, or electric lines or connections, in addition to the diversion of water
to bypass a meter or energy theft diversion, are each punishable as a misdemeanor, in addition
to any administrative fee or penalty which may be imposed under this code.
SECTION 2. Lodi Municipal Code Chapter 13.08 "Water Service" is hereby repealed and
reenacted to read as follows:
CHAPTER 13.08 - WATER SERVICE
Sections:
Article I. Generally
13.08.010
Setting of Rates.
13.08.020
Rates Outside City.
13.08.030
Rates by Contract.
13.08.040
Commencement and End of Charges.
13.08.050
Metered Service.
13.08.055
Testing Water Meters
13.08.060
Oversized Meter Development Impact Fee
13.08.070
Tampering with City Property - Bypassing Meters.
13.08.06980
Turning Off During Fires.
13.08.06690
Billing Adjustments.
Article II. Main Extensions
13.08.0-79100 Policy.
13.08.9691 10 Application — Determination of Necessity.
13.08.989120 Applicant's Obligation.
13.08.409130 Mains to Extend Full Frontage.
13.08.449140 Minimum Size.
13.08.x-28150 Fire Hydrants.
13.08.4-39160 Oversized Mains.
13.08.170 Testing of Approved Backflow Prevention Assemblies.
13.08.180 Maintenance and Repair of Approved Backflow Prevention Assemblies_
Article III. Water Conservation
13.08.220 Waste.
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13.08.230
Defined.
13.08.240
Watering Days/Hours.
13.08.250
Enforcement Procedures.
13.08.260
Strict Application.
13.08.270
Appeals.
13.08.280
Violation—Infraction.
13.08.290
Emergency Water Conservation—Purpose.
Article I. - Generally
13.08.010
Setting of rates.
The schedule of water rates will be those established and adopted by the City Council from time
to time by Resolution.
13.08.020 Rates outside city.
The city will not normally serve water outside the city limits. In those cases where it is
authorized by the City Council, the rate shall be one hundred fifty percent of the rate for service
inside the city limits.
13.08.030 Rates by contract.
In cases not provided for by this chapter, the rate may be fixed by special contract, as agreed
upon by the Director of Finance and the Public Works Director on behalf of the city, and the
water user involved. If such rates cannot be agreed upon, the city council shall fix and
determine proper rates, and such determination shall be final.
13.08.040 Commencement and end of charges.
Water charges shall in all cases commence to accrue when water is turned on, at rates
proportioned for the period from that date until the following last day of the billing period, as may
be established by the city.
13.08.050 Metered service.
A. Meters will be required on all new residential, commercial, and industrial water
services covered by the following conditions:
1. All new property annexations to the city requesting city water service;
2. All existing parcels which have had no previous city water service and city
water service is requested;
3. When a parcel is split, water services to all parcels will be metered;
4. All parcels at which a single family dwelling(s) is being replaced by multiple
family units or a nonresidential use;
5. At all parcels where off-site improvements are required;
6. When any water customer requests water service upsizing or relocating.
7. Meters and appurtenant facilities are the progerty of the city.
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8. The citv shall have the riaht of access to the customer's premises at all
reasonable hours for any purpose related to the furnishing of water service
including, but not limited to, meter reading, testing, inspection construction,
maintenance and repair of meter. Service may be refused or disconnected if
permanent safe accessibility is not provided by the customer or property
owner. Upon termination of service the city shall have the right of access to
the service premises to shut off or remove the water meter and service.
Water meters shall only be installed on water_ services connected to the
owned water main, unless otherwise approved by the City Council.
B. Metered water service shall be installed on all existing residential, commercial, and
industrial users -of when the Public Works Director determines the installation of metered
water service to be in the best interest of the city. The property owner is required to pay the
meterpurchase charge based _upon size_ as determined from time to time by City Council
Resolution. CitV facilities are exempt from meter purchase charges.
C. Meters on existing commercial and industrial water services not covered under
subsection A of this section shall be installed by the city at the city's expense. Meters :ar)ci
installation costs on all new water services and those covered in subsection A of this section
shall be installed by the city, but shall be paid for by the 4seproperty owner as determined by
City Council Resolution.
13.08.55 Testing Water Meters.
,f,\. Any metered customer may request in writing that the meter through which water is
being furnished be examined and tested by the Public Works Department to determine
whether the meter is registering accurately the amount of water that is being delivered
through it. Upon receipt of such request, the department shall examine and test the meter. If
the meter is found to register over three percent more water than actually passes through it,
the customer's water bill will be adlusted accordingly. If the meter is found to register a
variance of three percent or less, no bill _adjustment will be made. Meter testing will be
performed at customer's request, at no charge to the customer, not more than once every
twelve months, if the variance is over three percent. If the variance is less than three percent,
the customer will be charged a meter test fee, in an amount determined by City Council
Resolution, on the customer's utility bill.
3. if a customer requests more frequent meter testing, the customer's request shall be
accompanied by a deposit of an amount equal to the meter testing fee. Upon receipt of such
request, the department shall examine and test the meter. If the meter is found to register
over three percent more water than actually passes through it, the Customer's water bill will
be- ad0usted accordingly and the meter test fee shall be returned, without interest. If the meter
is found to register a variance of three percent or less, no billiElg adjustment _will be made and
the meter test fee will be retained by the city.
13.08.60 Oversized Meter Development Impact Fee.
A. For single family residential services that require automatic fire protection systems
-pursuant to state law, Lodi Municipal Code Chapters 15.04 or 15.40, the increased
connection and meter size will not be assessed an additional fee associated with the fire
protection system requirement. Connection fees and monthly service fees shall be based on
the required service size as determined by the Uniform Plumbing Code without consideration
for any fire protection system requirement.
B. For non-residential and multi -family water services that include or require automatic
-fire protection systems pursuant to Lodi Municipal Code section 15.20.1 B0 or Chapter 15.40.
the increased connection and meter size will not be assessed an additional fee associated
with the fire protection system requirement- Connection fees and monthly service fees shall
be based on the required service size as determined by the Uniform Plumbing Code without
consideration for any fire protection system requirement.
13.08.70 Tamnerina with Citv Prooertv – Bvgassina Meters
A. It is unlawful for any person not authorized by the city to do so to tamper with an
ates valves, service cocks, fire hydrants, meters or any of the city's property accessory or
appurtenant to the water distributions stem to break the seal on any water meter, or to
cause water to bypass any water meter.
13. If city confirms an illegal tampering, bypass or diversion of water at or from city
facilities has occurred, the customer will be charged a tam erin Ib ass ins ection fee in an
amount to be determined from time to time by City Council Resolution. In addition to the
tampering/bypass fee, violation of this section is punishable as a misdemeanor.
13.08.0680 Turning off during fires.
In the case of fire or other emergency, when directed by the city all faucets, taps or other means
of letting water run shall be turned off immediately by every owner or occupant and not opened
until the fire is extinguished or the emergency resolved.
13.08.06690 Billing adjustments.
When it is found that any charges for water service, meters, connections, installations,
abandonments, tam_ pering/bypass etc., have been incorrectly billed or that no billing has
occurred, the city has the right to make adjustments as determined by the Public Works
Director. Billings for undercharges or credits for overcharges shall be subject to the three-year
limitation period found in the California Code of Civil Procedure, section 338.
Article II. Main Extensions
13.08.99100 Policy
The City Council is desirous of adopting a water main extension policy that is fair and equitable
to all developing properties and that provides that the cost of extensions shall be distributed
among subsequently developing properties connecting thereto.
j 13.08.9891 10 Application—Determination of necessity.
A. Whenever a property owner is desirous of obtaining water service, an application shall
be made to the Public Works Director for water service.
B. The Public Works Director shall determine the closest adequate water main and, if an
extension is necessary, indicate the size of the main to be extended, and the limits of the
extension.
13.08.999120 Applicant's obligation.
E.
Whenever the Public Works Director determines that a water main extension is necessary, the
applicant will be required to install at his own expense the water main extension in accordance
with engineering plans furnished by applicant and approved by the Public Works Director. The
plans shall be prepared in accordance with the current city design standards and this article.
1 13.08.1030 Mains to extend full frontage.
In every case where a water main is to be tapped to serve a parcel, the same shall be extended
the full frontage of the parcel, including any crossings required in the city master water plan.
13.08.14.40 Minimum size.
The minimum size water main shall have a nominal inside diameter of six inches except as
approved by the Public Works Director in accordance with the city public improvement design
standards. In areas zoned or master planned for commercial and industrial uses, the minimum
size shall be eight inches in diameter. Larger size mains may be required as determined by the
Public Works Director from the city master water plan.
1 13.08.1-250 Fire hydrants.
The installation of fire hydrants or provisions for fire hydrants shall be included in any main
extension and the cost of such hydrants shall be paid for by the applicant. Fire hydrant location
and type shall be as approved by the Fire Chief.
1 13.08.1360 Oversized mains.
Whenever the city requires that a water main larger than eight inches in diameter be installed in
order to serve additional property or to conform to the water master plan, the applicant may
apply for reimbursement from the benefiting properties that are served by the oversized pipe. A
reimbursement application for the difference in cost between the actual water main to be
constructed and an eight -inch diameter water main may be obtained through the city. The
reimbursement shall be made in accordance with Chaptep 46.40section 1 7.62.050 of this code.
AWher-evor the city n ^.r-+1�te�-plaA Feguires .tet tares+or main nrr.cc a right _rt{_sa ay
Iia -kr 34he Gity Will r b arca. the -app46ane haL I-�a _Mim Med ;Gs"f ihni
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13.08.170 Testing of approved backflow prevention assemblies.
4
A. The customer is responsible for the cost of and scheduling arrangements for an
annual testing and inspection of the approved backflow prevention assembly by the following
method:
Testing by certified tester. Customers shall use a certified tester to inspect and
test an approved backflow prevention assembly at least once per year he
results of the test shall be reported to the City within thirty_(30) days of the
completion of the test. Annual test results shall be due no later than
September 30th of each calendar year.
B. Should a customer fail to comply with the annual testing procedure by September
30th_ the City may arrange for testing of the assembly by a licensed contractor and the
customer will be billed for the cost of such testinglus a fifteen 15% percent administrative
fee with his regular monthly water bill_ which shall be due and payable in full within thirty (30)
days of receipt of bill.
C. Assemblies which fail to pass inspection and testing by private certified testers shall
be repaired and maintained in accordance with section 13.08.180 of this article. The
customer shall bear the cost of repairs and additional testing if his device fails a test. The City
reserves the right to require more frequent testing or to perform additional testing by City
personnel when, in the opinion of the Director, it is necessary for the protection of public
health and safety.
13.08.180 Maintenance and repair of approved backflow prevention assemblies
A. The customer shall be responsible for the maintenance and repair of the approved
backflow prevention assembly. The customer shall at all times maintain the assembly in proper
working order as a condition of continued water service. If an approved backflow prevention
assembly should fail to pass inspection and testin ursuant to section 13.08.1 i0 of this article
the customer shall within thirty (30� days after written notification of results provide for the repair
of the assembly by the following method:
Repair by private personnel. Backflow prevention assemblies shall be repaired
by private_personnei. Repairs and satisfactory_ re -testing of the assemblies by a
certified tester shall be documented and submitted on an approved form to the
City. Failure by the customer to repair an approved backflow prevention
assembly within thirty (30) days of being notified by the City in writing shall result
in the termination of water service.
B. Water service will be restored upon presentation of the approved form showing that
the necessary repairs and successful re -testing have been done.
Article III. - Water Conservation
13.08.220 Waste.
The waste of water is prohibited and any waste shall make the person subject to the provisions
of this article.
13.08.230 Defined.
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"Waste of water" includes but is not limited to any of the following acts or omissions, whether
willful or negligent:
A. Failure to repair or correct a controllable leak ef-or discharge of water, oversprav,
and/or low head fixture leakage that results in the flow of water to an impervious surface;
B. The watering of lawns, flower beds, landscaping, ornamental plants or gardens on
days or at times other than those allowed in Section 13.08.240 of this article;
C. Washing of sidewalks, driveways, parking areas, tennis courts, patios, streets or other
exterior paved areas or buildings except when required to remove any spillage of substances
that may be a danger to public health or safety;
D. Washing with water any motor vehicles, trailers or movable equipment other than with
a bucket and rinsing the vehicle or equipment by use of a hose for not more than three
minutes;
E. Use of a hose without a positive shut off nozzle;
F. The excess watering of any area so that water flows into a gutter or any drainage area
;
G. The unnecessary running of water in any residential, commercial or industrial
establishment onto the floor, pavement, ground or into any drain or drainage area, with any
equipment or in any way-r__ppere than three FRiR +es;
H. BveF-wWatering of lawns or landscapes
during or immediatelywithin 48 hours following a measurable rain.
I. Operation of a water fountain or other decorative water feature that does not use
recirculated water.
13.08.240 Watering days/hours.
A. Days. The watering of lawns, flower beds, landscaping, ornamental plants or gardens
throughout the year shall be allowed as follows:
1. Premises having odd numbered street addresses on Wednesday, Friday and
Sunday;
2. Premises having even numbered street addresses on Tuesday, Thursday, and
Saturday.
3. No watering will be allowed on Mondays.
B. Hours. Watering of lawns, flower beds, landscaping, ornamental plants or gardens
shall nus, be allowed at any hour e -x ep"44at
wateFOF;gbetween the hours of ten a.m. and six p.m. 06 PF9hibited.
C. City owned Parks due to their size and use patterns. are exempt only from the
provisions of Section 13.08.240(A) and 13.08.240(B) ofthis code.
D. Upon city declaration of a local water shortage or a State of Emergency declared by
the Governor concerning California's water supplies, the Public Works Director or designee
11
may impose revised and/or additional water conservation measures on residential.
commercial, and industrial water users. No person shall use. or cause to be used city water
in violation of such limitations. Violations of revised and/or additional conservation measures
imposed under this section are punishable as a misdemeanor.
13.08.250 Enforcement procedures.
A. Whenever the city becomes aware of a waste of water, the city shall notify the person
at the premises where the waste of water occurred by delivering an information sheet. The
information sheet shall describe the waste of water in order that it be corrected, cured or
abated immediately or within such 6P8G!fie +_!—e nc 46- .+ii.. L)BIM.-,... ^vcntlable YRd8r +ha
GFG RistanGes72 hours. _In addition, the information sheet may be given to any other person
known to the city who is responsible for that waste of water or the correction thereof and may
be delivered to the premises every time a waste of water occurs. _Additionally, a written
notice stating the dates times and type(s) of water waste shall be delivered to the person
who regularly receives the utility bill for the premises where the wasting occurred
B. In the event of a second waste of water within a consecutive twelve month period, the
city will send a written notice statm44ate- Was+o
assessing a surcharge in an amount determined from time to time by City Council Resolution,
and the surcharge shall be added to the next monthly utility bill for the property on which the
waste of water occurred.
C. In the event of a third waste of water within twelve months of any previous waste of
water, a written notice will be mailed assessing a thiF+ five d laFsurcharge in an amount
determined from time to time by City Council Resolution and the surcharge shallto-be added
to the next monthly utility bill for the property on which the waste of water occurred..
D. In the event of a fourth waste of water within twelve months of any previous waste of
water, a written notice will be mailed assessing a 6eve4t,rAye de4ar surcharge in an amount
determined from time to time by City Council Resolution, and the surcharge shailte be added
to the next monthly utility bill for the property on which the waste of water occurred.
E. In the event of a fifth 9F aRY bseq io„+ waste of water within twelve months of any
previous waste of water, a written notice will be mailed assessing a ene-hundreda„^'�T
dellaf-surcharge in an amount determined from time to time by City Council Resolution, and
the surcharge te,7shall be added to the next monthly utility bill for the property on which the
waste of water occurred. If the property is not already metered, Tthe city may also require the
owner or user to pay for the cost of installation of a water meter service as a prerequisite to
continuing water service. The city may also install a flow restriction device on the water
service and require the owner or user to pay for the costs of installation and/or removal.
F. In the event of any subsequent waste of water within twelve months of any previous
waste of water, the city may disconnect a customer's water service for willful violations of
restrictions in this chapter. in addition to assessing a surcharge in an amount to be
determined from time to time by City Council Resolution. The Propertv owner or user will be
required topay all outstanding utility charges, fees, penalties and surcharges, in addition to a
reconnection charge in an amount to be determined from time to time by City Council
12
Resolution,_ prior to reconnection of water services. ^
ai_i_ilililtt..hi11 fr r 1ho n� Lr. OR ,a�hintheh F� waste
l�r ]_
13.08.260 Strict application. �[
If the Public Works Director or a_ deSigRatGd FePFe6BRta#ve designee determines the strict
application of any of the provisions of this article may cause undue hardship or public health
arand safety to-s r sk, or if other special circumstances exist, the strict application of this
article may be waived. Requests for relief under this article must be received by the citV at least
24 hours rior to special circumstances. Special circumstances would include, but not be
limited to: newly planted areas, newly seeded areas, washing down after cement work and
pressure washing a building before painting. The decision of the Public Works Director may be
appealed to the City Council as described in Section 13.08.270 of this article.
13.08.270 Appeals.
If the ruling made by the Public Works Director or designee is unsatisfactory to the person
requesting consideration, the person may, i#�+e ef-flee-aim
asfiar}-file an WFAtRA appeal directed to the City Manager or designee, whose decision may,
upon request be subject to final review by the City Council.
1._aFd by
thS City GOURGil WithiR tW8Rty GlaY6 fXAM thA date ef fiUnq h Qfy GounGil Shall --k.e a final
The Public Works Director's or
designee's decision, action or determination shall remain in effect during such period of
reconsideration except that any surcharges assessed under this article will be stayed until the
City Council has made its decision. Decisions of the City Council are final.
13.08.280 Violation—Infraction.
In addition to the administrative enforcement procedures and surcharges set forth in this article,
each violation of this article may a'69 198
wit-h-be punishable as an infraction.
13.08.290 Emergency water conservation—Purpose.
The purpose of emergency water conservation is to assist meeting water pressure and/or
supply demands when the water system cannot or may not be adequate and the failure to meet
such demands may result in harm to the water system and/or jeopardize the health and safety
of the public. In addition. emergency water conservation serves to protect water supplies during
drought conditions. The Public Works Director or a decimated re pr-ese4tativedesiq nee shall
determine the degree of emergency and determine what additional restrictions of water use or
other appropriate actions must be taken to protect the water system, supply demands, and the
citizens of Lodi.
SECTION 3. 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 4. Severabiiit . 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.
13
SECTION 5. All ordinances and parts of ordinances in conflict herewith are repealed insofar
as such conflict may exist.
SECTION 6. Effective Date and Publication. This Ordinance shall take effect thirty (30) days
after its adoption. 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:
JENNIFER M. FERRAIOLO
City Clerk
State of California
County of San Joaquin, ss.
Approved this day of .2015
BOBJOHNSON
MAYOR
I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No.
was introduced at a regular meeting of the City Council of the City of Lodi held November 4,
2015, and was thereafter passed, adopted, and ordered to print at a regular meeting of said
Council held , 2015, by the following vote:
AYES: COUNCIL MEMBERS —
NOES: COUNCIL MEMBERS —
ABSENT: COUNCIL MEMBERS —
ABSTAIN: COUNCIL MEMBERS —
I further certify that Ordinance No. 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
14
JENNIFER M. FERRAIOLO
City Clerk
Public Works
Water Services
Public Works Code Changes
Title 13
Agenda Item 1-1
November 4, 2015
Topics
• Lodi Municipal Code
➢Chapter 13.04 - General
➢Chapter 13.08 - Water
Title 13 — Public Services
• Chapter 13.04 — Service Generally
➢
13.04.030
Delinquency
and termination of service per Govt. Code 54346
➢
13.04.030
Termination
requires payment of disconnection/reconnection
penalty fee
➢ 13.04.030 Penalties assessed per Govt. Code 54348
"In no event will water service be terminated for non-payment sooner than
120 -days after the issue date of the bill or the accrual of delinquent utility
charges in excess of $3,000, whichever occurs first. Forty-eight (48)
hours prior to termination of water service, the account holder shall
receive personal notification of the City's intent to terminate service; in
the event the account holder cannot be located, the property where
service is provided will be posted with a notice of termination."
Title 13 — Public Services
• 13.04.040 — Allows licensed contractor to install
water and sewer service connections
• 13.04.060 - Apartments, condominiums and flats
➢ Condominiums added to group
➢ Water and sewer charges to parcels with apartments,
condominiums, or flats billed to the property owner or agent
➢ Water and sewer charges to individually metered apartments,
condominiums, or flats billed to the occupant
Title 13 — Public Services
• 13.04.140 — Tampering or Destruction
➢ Water, sewer and electric systems
➢ Allows administrative fee or penalty
Title 13 — Public Services
• 13.08
- Water
service generally
• 13.08.050
- Metered service
➢ Water meters are City property
➢ Right of access by City
➢ Water meters only installed on City -owned facilities unless
approved by City Council
➢ Property owner required to pay meter charge
• 13.08.055 - Testing water meters
➢ Upon customer written request
➢ Deposit of testing fee (recommend $0 for now)
➢ Three percent variance threshold
➢ Once every 12 -months
Title 13 — Public Services
• 13.08.060 - Oversize meter impact fee
➢ Residential fire protection system
➢ Non-residential and multi -family
➢ Not charged higher impact fee nor monthly base charge
• 13.08.070 - Tampering or bypassing meter
➢Unlawful
➢ Gates, valves, meters, ERT, etc.
➢ Recommended charge $75
Title 13 — Public Services
• 13.08.170 - Testing backflow prevention
assemblies
➢Customer responsible for cost and schedule
➢Failure by customer may result in City performing testing and
billing 115 percent of cost
➢ Customer responsible for all repairs and additional testing
Title 13 — Public Services
• 13.08.180 - Maintenance and repair of
backflow prevention assemblies
➢ Customer responsible for cost and schedule
➢ Failure by customer may result in discontinuation of service
➢ Customer responsible for all repairs and additional testing
LMC Title 13 — Public Services
• 13.08.230 - Define water waste
➢ In addition to leaks — overspray and excessive water included
➢ Watering 48 hour after rain event
➢ Operation of water feature not using recycled water
➢Watering on Mondays
Title 13 — Public Services
• 13.08.240 -Watering hours/days
➢ No watering on Mondays
➢ Year round no watering 10 am to 6 pm
➢ Parks exempt due to size and use patterns
➢ Public Works Director can issue additional limitations
➢ Public Works Director can relax strict application of
requirements
LMC Title 13 — Public Services
• 13.08.250 - Penalty amounts to be established
by future resolution
• 13.08.250 - Enforcement (existing)
➢ First - Informational notification
➢Second —Written notice
➢ Third — penalty assessed - $35
➢ Fourth — penalty assessed - $75
➢ Fifth and subsequent - $150 (meter, flow constrictor, and
service termination)
• 1111111 ��
� ff 11111
r11111�
Dilpost-ir
Jennifer Ferraiolo
From: Jennifer Ferraiolo
Sent: Wednesday, November 04, 2015 9:58 AM
To: 'Mike Lusk'
Cc: City Council; Steve Schwabauer; Janice Magdich; Jordan Ayers; Elizabeth Kirkley; Wally
Sandelin
Subject: RE: City Council Meeting Nov. 4, 2015 Item I-1
Thank you for your email. It was received by the City Council and forwarded to the City Manager's office and Electric
Utility and Public Works Departments for information, response, and/or handling. In addition, your correspondence will
be made a part of the City Council meeting record as a 'Blue Sheet" item.
Jennifer M. Ferraiolo, CMC
City Clerk
P.O. Box 3006
Lodi, CA 95241-1910
(209)333-6702
(209)333-6807 FAX
-----Original Message -----
From: Mike Lusk [mailto:mclusk@softcom.net]
Sent: Tuesday, November 03, 2015 10:11 PM
To: City Council; JoAnne Mounce - External
Subject: City Council Meeting Nov. 4, 2015 Item 1-1
Lodi City Council Nov. 3, 2015
City Manager
Re: City Council Meeting Nov. 4, 2015 Agenda item 1-1 Ordinance Amending Lodi Municipal Code Title 13 -Public services.
In light of the fact that some of the items in this Ordinance pertain to issues of fees paid by rate payers and the near
future Shirtsleeve meeting with items pertaining to the issue of utility late fees and billing timeline discussion, it might
be premature to pass this ordinance before that issue is resolved with rate payers.
Since the shirtsleeve session on Oct. 27, 2015 which discussed the item on the agenda 1-1 some discussion for
clarification to changes made since that meeting should be addressed.
Ordinance 13.04.030 Bill Payment and Delinquency- Section B. includes new item B-1; Section E last sentence -Penalties
will not exceed those permitted by Government Code Section 54348, was deleted. Why, was there a conflict in the
wording of this paragraph?
Ordinance 13.08.055 Testing Water Meters -Sections A and B. Since meters for all utilities are City owned equipment
and are the responsibility of the City to maintain, there should not be a charge for the first testing inspection requested
by the rate payer to determine accuracy regardless of the testing results. Further testing after the first test and the
replacement or accuracy determined by the first test should be charged to the rate payer if the variance in accuracy
determines there is nothing wrong with the meter.
Believe this section should be discussed and changed. The charge for the first testing would be a deterrent for low
income and elderly retired on fixed incomes to request this testing.
Ordinance 13.08.220 Waste-Overspray Section A was discussed at the shirtsleeve meeting and concerns were expressed
in the absolute wording of "overspray" since it is hard to accomplish not overspraying when watering median strips
between sidewalks and gutters and some overspraying which naturally occurs from the main lawn to the sidewalks. This
can be subjective by the person making the inspection with no wiggle room on the part of the property owner.
Maybe a little more description is need here as well as in Section F.
(are we talking about a trickle or a flood?)
Ordinance 13.08.250 Enforcement procedures Section B, C, D, E, and F- The wording of Surcharges and the amounts to
be charged in each section, do they fall under the provisions of Prop 218 and prior notification and approval of whether
to be charged at all and the amount of the charge?
Ordinance 13.80.240 Watering days/hours Section C- City owned Parks, due to their size and use patterns, are exempt
only from the provisions of Section 13.08.240 (A) and 13.08.240 (B) of this code.
After further discussions with City staff I understand the difficulties in maintaining Parks and other green areas of the
City. I think the City should have some clarification inserted in this section in fairness to the Citizens showing some
responsibility on the Cities part especially during the drought restrictions imposed on the Citizens of Lodi.
Refer to my Blue Sheet B-1 Oct. 23, 2015 requesting an addition to Lodi Municipal Code which reads as follows:
"All revenues, rents, charges, penalties and fees administered by the City of Lodi directly for each Utility (LEU,
Wastewater, Water) or on their behalf through Public Works or any other department for installations or services
provided, be directly applied to each Utility respectively and not be transferred to the General Fund."
"It would be understood that any services performed by any department other than the specific utility would be back
charged in the normal process for in lieu of services rendered for each utility."
Respectfully
Mike Lusk, Lodi
SUBJECT:
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 NOS. 1916 and 1917
PUBLISH DATE: SATURDAY, NOVEMBER 7, 2015
TEAR SHEETS WANTED: One (1) please
SEND AFFIDAVIT AND BILL TO: JENNIFER M. FERRAIOLO, CITY CLERK
LNS ACCT. #0510052 City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED: THURSDAY, NOVEMBER 5, 2015
ORDERED BY: JENNIFER M. FERRAIOLO
CITY CLERK
PAMELA M. FARRIS
DEPUTY CITY CLERK
ELENA STODDARD
ADMINISTRATIVE CLERK
Verify Appearance of this Legal in the Newspaper — Copy to File
SEND PROOF OFADVERTISE2IIENT. THAM[ YOUL
Emailed to the Sentinel at dianer@lodinews.com at -7`5.5 (time) on I (date) (pages)
LNS Phoned to confirm receipt of all pages at (time) --PMF ES (initials)
N: \Ad ministration\CLERK\OrdS um marics\Advins. do c
CITY OF LODI
ORDINANCE NO. 1916
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE
TITLE 17, ARTICLE 6 — DEVELOPMENT CODE ADMINISTRATION — BY ADDING
CHAPTER 17.67, "REASONABLE ACCOMMODATION." The purpose of this ordinance is to
include a procedure in the Zoning Code to allow a reasonable accommodation request for
persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and
the California Fair Employment and Housing Act in the application of Zoning laws and other land
use regulations. Introduced October 21, 2015. Adopted November 4, 2015, and effective
December 4, 2015. AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES:
None; ABSENT: None.
ORDINANCE NO. 1917
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE
TITLE 13 — PUBLIC SERVICES — BY REPEALING AND RE-ENACTING CHAPTER 13.04,
"SERVICE GENERALLY," AND CHAPTER 13.08, "WATER SERVICE," IN THEIR ENTIRETY.
The purpose of this ordinance is to update code sections to reflect current practice related to
implementation of the Water Meter Program and to clean up language as appropriate. Introduced
November 4, 2015. Adoption to be considered November 18, 2015. AYES: Chandler, Kuehne,
Mounce, and Nakanishi; NOES: Mayor Johnson; ABSENT: None.
Jennifer M. Ferraiolo, City Clerk
City of Lodi
November 4, 2015
Certified copies of the full text of these ordinances are available in the office of the
Lodi City Clerk.
DECLARATION OF POSTING
ORDINANCE NO. 1917
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE
TITLE 13 — PUBLIC SERVICES — BY REPEALING AND RE-ENACTING CHAPTER
13.04, "SERVICE GENERALLY," AND CHAPTER 13.08, "WATER SERVICE," IN
THEIR ENTIRETY
On Thursday, November 5, 2015, in the City of Lodi, San Joaquin County, California, a
certified copy of Ordinance No. 1917 (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 November 5, 2015, at Lodi, California.
Pamela M. Farris
Deputy City Clerk
ord s ummaries\aaDecPost. doc
ORDERED BY:
JENNIFER M. FERRAIOLO
CITY CLERK
Elena Stoddard
Administrative Clerk
ORDINANCE NO. 1917
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING
LODI MUNICIPAL CODE TITLE 13 "PUBLIC SERVICES"
BY REPEALING AND REENACTING CHAPTER 13.04 —
"SERVICE -GENERALLY" AND -CHAPTER 13-08-�-
"WATER SERVICE" IN THEIR ENTIRETY
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Chapter 13.04 "Service Generally" is hereby repealed and
reenacted to read as follows:
CHAPTER 13.04 - SERVICE GENERALLY
Sections:
13.04.010
Definitions
13.04.020
Application for Service or Discontinuance.
13.04.025
Deposits.
13.04.030
Bill Payment and Delinquency.
13.04.040
Connections Generally.
13.04.050
Connection Charges.
13.04.060
Apartments, Condominiums and Flats.
13.04.070
Restriction or Interruption.
13.04.080
Connection or Reconnection by Plumbers.
13.04.090
Right of Access for Inspection.
13.04. 100
Pipe and Facility Maintenance.
13.04.110
Service Only to Contracted Premises.
13.04.120
Bill Adjustment.
13.04.130
Low Income Adjustments.
13.04.140
Tampering with or Destruction of Utility Systems or Equipment.
13.04.010 Definitions.
For the purposes of this chapter, the following words and phrases when used in this chapter
shall have the meanings respectively ascribed to them by this section:
A. "Delinquent bills" means all accounts that have not been paid to the city within twenty-six
days after the issue date of the bill for the services provided for by this chapter.
B. "Director of Finance" means the person named from time to time by the City Manager to
be in charge of the financial records and accounts of the city.
C. "Electric connection" means all wires, insulators, conduits, fuse blocks, fuses, and
switches up to and including the meter used to connect the consumer's electric wiring to the
city's electrical distribution system.
D. "Refuse collection service" means that service described in Chapter 13.16 relating to
garbage.
E. "Sanitary sewer tap" means all connections, valves, pipes, and fittings used to connect
the customer's sewer system to the city sewer mains.
1
F. "Service" means the supplying of water, electrical energy, the collection of solid waste
refuse, and the disposal of sewage.
G. "Sewage disposal service" means that service provided for in Chapter 13.12 relating to
sewers.
H. "Water tap" means the connection valves, pipes, and fittings used to connect the
customer's water system to the city water mains.
13.04.020 Application for service or discontinuance.
All applications for service or discontinuance of service shall be made to, and on forms provided
by, the Director of Finance. The Director of Finance shall issue all orders for services, changes,
or discontinuances.
13.04.025 Deposits.
1. Services. A deposit for the furnishing or continuance of service may be required by the
Director of Finance. Such deposit shall not exceed the estimated amount of charges for two
months' service.
2. No United States Issued Identification. In addition to a deposit for services, the Director
of Finance may require a deposit not to exceed the estimated amount of charges for two
months' services of a customer who is unable to provide a United States issued identification.
3. Length of Deposit.
a. Deposits for services shall remain on the account until twelve consecutive billing
periods have passed without late charges being assessed, unless the account is
discontinued prior to such event. Return of deposit amounts shall be in the form
of credit to the account, unless the account is discontinued, in which case the
deposit shall be applied to the final billing and any excess shall be returned to the
customer by check.
b. Deposits for no United States issued identification shall remain on the account
until the account is discontinued, or until valid United States issued identification
is provided. Return of deposit amounts shall be in the form of a credit to the
account, unless the account is discontinued, in which case the deposit shall be
applied to the final billing and any excess shall be returned to the customer by
check. A non -U.S. identification deposit will not be required where at least one
U.S. Identification exists on the account.
13.04.030 Bill payment and delinquency.
A. Payment. All bills for the services enumerated in this chapter are due and payable upon
receipt thereof, at the finance division, Lodi, California, and become delinquent twenty-six days
after the issue date of the bill.
B. Delinquency and Termination of Services. The Director of Finance shall send notice of
delinquent bills, and if all delinquent charges for services are not paid within ten days after
mailing this notice, then the Director of Finance may discontinue all service furnished to the
customer by the city. Within this ten-day notice period, the Director of Finance shall provide a
notice forty-eight hours prior to discontinuance of services. Termination of utility services shall
be in accordance with Government Code section 54346.
2
1. In no event will water service be terminated for non-payment sooner than 120 -days
after the issue date of the bill or the accrual of delinquent utility charges in excess of
$3,000, whichever occurs first. Forty-eight (48) hours prior to termination of water
service, the account holder shall receive personal notification of the city's intent to
terminate service; in the event the account holder cannot be located the property where
service is provided will be posted -with a notice of -termination-.
C. Appeal. Prior to any discontinuance of service furnished to the customer by the city, the
customer may request the opportunity to be heard as to any adjustment or cancellation of any
bill. The hearing shall be held before the Director of Finance or designee. In the event of a
discontinuance of service, as provided in this subsection, the Director of Finance may require as
a condition precedent to the resumption of service that the customer pay:
All amounts due and owing;
2. A disconnection/reconnection charge as determined by City Council Resolution,
for each occasion that the city has to disconnect and/or reconnect service
discontinued for nonpayment of utility services; and
3. A deposit in an amount not exceeding the estimated amount of charges for two
months' service.
The Director of Finance or designee may waive delinquent amounts and negotiate a repayment
schedule for up to three months (within any twelve-month period) when in the opinion of the
Director of Finance or designee the customer can demonstrate financial hardship. No more than
two repayment schedules may be allowed in any twelve-month period.
D. Closing Bills. Closing bills are due on the date on which service is discontinued.
E. Penalties. Delinquent bills shall be assessed penalties which will be set from time to time
by City Council Resolution. The penalties may be waived by the Director of Finance when the
customer can present evidence of financial hardship or convincing information that timely
payment could not have been reasonably expected.
13.04.040 Connections generally.
No person except a duly authorized employee of the city shall make any water, electrical, or
sewer service connection to the city supply lines. Alternatively, an Encroachment Permit may be
issued for water and sewer connections to the city supply lines if the work is to be performed by
a state licensed contractor under contract with the property owner. Water and sewer tapping
includes bringing the supply lines to a point six inches inside the property line. Electrical
connection includes the service drop and necessary meter. On all new and reconstructed
buildings where water, sewer, and electrical connections are involved, the equipment and
equipment locations must be approved by the inspecting authority.
A service charge will be charged to the applicant when trouble calls involve customer caused
service interruptions. All costs of water tapping and sewer connections shall be borne by the
applicant and shall be charged at actual cost to the city. However, a flat rate may be established
by the provisions of Section 13.04.050 of this chapter.
3
13.04.050 Connection charges
The Public Works Director may, with the approval of the Director of Finance, establish or
change rates charged for water and sewer connections based on the average cost to the city for
such connections made within the preceding six-month period.
13.04.060 Apartments and flats.
When more than one flat, apartment, building, or premises is supplied through one water tap,
each occupant may pay his own water and sewage bill if flat rates apply. However, if at any time
the water is used by an occupant and such fact is not reported to the city, the Director of
Finance may require that the owner or the owners' agent -in -charge pay all the water and
sewage charges applying to the flats, apartments, buildings, or premises being supplied through
one tap.
13.04.070 Restriction or interruption.
The city reserves the right to limit the amount of water supplied to any customer or to different
parts of the city should it appear necessary to do so, and shall not be liable for temporary
discontinuance of any service while making repairs or replacements.
13.04.080 Connection or reconnection by plumbers.
No plumber shall leave water turned on at any newly erected building unless it is by consent of
the city, nor shall he connect or reconnect any service found shut off at the service stop.
13.04.090 Right of access for inspection.
Authorized employees of the city shall have the right of access to any premises receiving any
service named in this chapter at reasonable hours for the purposes of inspection.
13.04.100 Pipe and facility maintenance.
The owner or occupant of premises where city services are supplied shall keep all service
pipes, valves, connections or other facilities used in connection with such supply in good repair
at all times, and the city shall not be liable for damage sustained by reason of such owner or
occupant's neglect.
13.04.110 Service only to contracted premises.
No person shall supply service to any premises other than the one to which the service contract
applies.
13.04.120 Bill adjustment.
Application for the adjustment or cancellation of a bill any consumer believes to be inconsistent
with the provisions of this code or other ordinances of this city relating to water, electric, refuse
collection, and sewage services shall be made to the Director of Finance. Appeal from the
decision of the Director of Finance may be made to the City Manager whose decision may,
upon request, be subject to a final review by the City Council. Decisions of the City Council are
final.
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13.04.130 Low income adjustments.
The rates for residential refuse collection service, as they now exist or may hereafter be
modified under this chapter, shall be reduced as established by Resolution for those residential
accounts in the names of persons meeting the eligibility criteria for applicable electric service
discounts as provided in this title.--Proofof -by -the—citT-to-qualify-for-the
rate adjustments provided herein.
13.04.140 Tampering with or Destruction of Utility Systems or Equipment.
Damage or destruction to city utility equipment or systems, including water meters, water or
sewer lines, electric meters, or electric lines or connections, in addition to the diversion of water
to bypass a meter or energy theft diversion, are each punishable as a misdemeanor, in addition
to any administrative fee or penalty which may be imposed under this code.
SECTION 2. Lodi Municipal Code Chapter 13.08 "Water Service" is hereby repealed and
reenacted to read as follows:
CHAPTER 13.08 - WATER SERVICE
Sections:
Article I. Generally
13.08.010
Setting of Rates.
13.08.020
Rates Outside City.
13.08.030
Rates by Contract.
13.08.040
Commencement and End of Charges.
13.08.050
Metered Service.
13.08.055
Testing Water Meters.
13.08.060
Oversized Meter Development Impact Fee.
13.08.070
Tampering with City Property - Bypassing Meters.
13.08.080
Turning Off During Fires.
13.08.090
Billing Adjustments.
Article II. Main Extensions
13.08.100 Policy.
13.08.110 Application — Determination of Necessity.
13.08.120 Applicant's Obligation.
13.08.130 Mains to Extend Full Frontage.
13.08.140 Minimum Size.
13.08.150 Fire Hydrants.
13.08.160 Oversized Mains.
13.08.170 Testing of Approved Backflow Prevention Assemblies.
13.08.180 Maintenance and Repair of Approved Backflow Prevention Assemblies.
Article III. Water Conservation
13.08.220
Waste.
13.08.230
Defined.
13.08.240
Watering Days/Hours.
13.08.250
Enforcement Procedures.
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13.08.260 Strict Application.
13.08.270 Appeals.
13.08.280 Violation—Infraction.
13.08.290 Emergency Water Conservation—Purpose.
Article I. – Generally
13.08.010 Setting of rates
The schedule of water rates will be those established and adopted by the City Council from time
to time by Resolution.
13.08.020 Rates outside city.
The city will not normally serve water outside the city limits. In those cases where it is
authorized by the City Council, the rate shall be one hundred fifty percent of the rate for service
inside the city limits.
13.08.030 Rates by contract.
In cases not provided for by this chapter, the rate may be fixed by special contract, as agreed
upon by the Director of Finance and the Public Works Director on behalf of the city, and the
water user involved. If such rates cannot be agreed upon, the city council shall fix and
determine proper rates, and such determination shall be final.
13.08.040 Commencement and end of charges.
Water charges shall in all cases commence to accrue when water is turned on, at rates
proportioned for the period from that date until the following last day of the billing period, as may
be established by the city.
13.08.050 Metered service.
A. Meters will be required on all new residential, commercial, and industrial water
services covered by the following conditions:
1. All new property annexations to the city requesting city water service;
2. All existing parcels which have had no previous city water service and city
water service is requested;
3. When a parcel is split, water services to all parcels will be metered;
4. All parcels at which a single family dwelling(s) is being replaced by multiple
family units or a nonresidential use;
5. At all parcels where off-site improvements are required;
6. When any water customer requests water service upsizing or relocating.
7. Meters and appurtenant facilities are the property of the city.
8. The city shall have the right of access to the customer's premises at all
reasonable hours for any purpose related to the furnishing of water service
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including, but not limited to, meter reading, testing, inspection construction,
maintenance and repair of meter. Service may be refused or disconnected if
permanent safe accessibility is not provided by the customer or property
owner. Upon termination of service the city shall have the right of access to
the service premises to shut off or remove the water meter and service.
9. Water meters shall only be installed on water services connected to the city
owned water main, unless otherwise approved by the City Council.
B. Metered water service shall be installed on all existing residential, commercial, and
industrial users when the Public Works Director determines the installation of metered water
service to be in the best interest of the city. The property owner is required to pay the meter
purchase charge based upon size as determined from time to time by City Council
Resolution. City facilities are exempt from meter purchase charges.
C. Meters on existing commercial and industrial water services not covered under
subsection A of this section shall be installed by the city at the city's expense. Meters and
installation costs on all new water services and those covered in subsection A of this section
shall be installed by the city, but shall be paid for by the property owner as determined by City
Council Resolution.
13.08.55 Testing Water Meters.
A. Any metered customer may request in writing that the meter through which water is
being furnished be examined and tested by the Public Works Department to determine
whether the meter is registering accurately the amount of water that is being delivered
through it. Upon receipt of such request, the department shall examine and test the meter. If
the meter is found to register over three percent more water than actually passes through it,
the customer's water bill will be adjusted accordingly. If the meter is found to register a
variance of three percent or less, no bill adjustment will be made. Meter testing will be
performed at customer's request, at no charge to the customer, not more than once every
twelve months, if the variance is over three percent. If the variance is less than three percent,
the customer will be charged a meter test fee, in an amount determined by City Council
Resolution, on the customer's utility bill.
B. If a customer requests more frequent meter testing, the customer's request shall be
accompanied by a deposit of an amount equal to the meter testing fee. Upon receipt of such
request, the department shall examine and test the meter. If the meter is found to register
over three percent more water than actually passes through it, the customer's water bill will
be adjusted accordingly and the meter test fee shall be returned, without interest. If the meter
is found to register a variance of three percent or less, no billing adjustment will be made and
the meter test fee will be retained by the city.
13.08.60 Oversized Meter Development Impact Fee.
A. For single family residential services that require automatic fire protection systems
pursuant to state law, Lodi Municipal Code Chapters 15.04 or 15.40, the increased
connection and meter size will not be assessed an additional fee associated with the fire
protection system requirement. Connection fees and monthly service fees shall be based on
the required service size as determined by the Uniform Plumbing Code without consideration
for any fire protection system requirement.
7
B. For non-residential and multi -family water services that include or require automatic
fire protection systems pursuant to Lodi Municipal Code section 15.20.160 or Chapter 15.40,
the increased connection and meter size will not be assessed an additional fee associated
with the fire protection system requirement. Connection fees and monthly service fees shall
be based on the required service size as determined by the Uniform Plumbing Code without
consideration for any fire protection system -requirement. ----
13.08.70 Tampering with City Property – Bypassing Meters.
A. It is unlawful for any person not authorized by the city to do so to tamper with any
gates, valves, service cocks, fire hydrants, meters or any of the city's property accessory or
appurtenant to the water distribution system, to break the seal on any water meter, or to
cause water to bypass any water meter.
B. if city confirms an illegal tampering, bypass or diversion of water at or from city
facilities has occurred, the customer will be charged a tampering/bypass inspection fee in an
amount to be determined from time to time by City Council Resolution. In addition to the
tampering/bypass fee, violation of this section is punishable as a misdemeanor.
13.08.080 Turning off during fires.
In the case of fire or other emergency, when directed by the city all faucets, taps or other means
of letting water run shall be turned off immediately by every owner or occupant and not opened
until the fire is extinguished or the emergency resolved.
13.08.090 Billing adjustments.
When it is found that any charges for water service, meters, connections, installations,
abandonments, tampering/bypass etc., have been incorrectly billed or that no billing has
occurred, the city has the right to make adjustments as determined by the Public Works
Director. Billings for undercharges or credits for overcharges shall be subject to the three-year
limitation period found in the California Code of Civil Procedure, section 338.
Article II. Main Extensions
13.08.100 Policy.
The City Council is desirous of adopting a water main extension policy that is fair and equitable
to all developing properties and that provides that the cost of extensions shall be distributed
among subsequently developing properties connecting thereto.
13.08.110 Application—Determination of necessity.
A. Whenever a property owner is desirous of obtaining water service, an application shall
be made to the Public Works Director for water service.
B. The Public Works Director shall determine the closest adequate water main and, if an
extension is necessary, indicate the size of the main to be extended, and the limits of the
extension.
13.08.120 Applicant's obligation.
Whenever the Public Works Director determines that a water main extension is necessary, the
applicant will be required to install at his own expense the water main extension in accordance
8
with engineering plans furnished by applicant and approved by the Public Works Director. The
plans shall be prepared in accordance with the current city design standards and this article.
13.08.130 Mains to extend full frontage.
--In every case-where-a-water--main-+s-tc-be-tapped to-serverparcel, the -same -shall -ie -extended
the full frontage of the parcel, including any crossings required in the city master water plan.
13.08.140 Minimum size.
The minimum size water main shall have a nominal inside diameter of six inches except as
approved by the Public Works Director in accordance with the city public improvement design
standards. In areas zoned or master planned for commercial and industrial uses, the minimum
size shall be eight inches in diameter. Larger size mains may be required as determined by the
Public Works Director from the city master water plan.
13.08.150 Fire hydrants.
The installation of fire hydrants or provisions for fire hydrants shall be included in any main
extension and the cost of such hydrants shall be paid for by the applicant. Fire hydrant location
and type shall be as approved by the Fire Chief.
13.08.160 Oversized mains
Whenever the city requires that a water main larger than eight inches in diameter be installed in
order to serve additional property or to conform to the water master plan, the applicant may
apply for reimbursement from the benefiting properties that are served by the oversized pipe. A
reimbursement application for the difference in cost between the actual water main to be
constructed and an eight -inch diameter water main may be obtained through the city. The
reimbursement shall be made in accordance with section 17.62.050 of this code.
13.08.170 Testing of approved backflow prevention assemblies
A. The customer is responsible for the cost of and scheduling arrangements for an annual
testing and inspection of the approved backflow prevention assembly by the following method:
1 Testing by certified tester. Customers shall use a certified tester to inspect and
test an approved backflow prevention assembly at least once per year. The
results of the test shall be reported to the City within thirty (30) days of the
completion of the test. Annual test results shall be due no later than
September 30th of each calendar year.
B. Should a customer fail to comply with the annual testing procedure by September 30th,
the City may arrange for testing of the assembly by a licensed contractor and the customer will
be billed for the cost of such testing plus a fifteen (15%) percent administrative fee with his
regular monthly water bill, which shall be due and payable in full within thirty (30) days of receipt
of bill.
C. Assemblies which fail to pass inspection and testing by private certified testers shall be
repaired and maintained in accordance with section 13.08.180 of this article. The customer shall
bear the cost of repairs and additional testing if his device fails a test. The City reserves the right
9
to require more frequent testing or to perform additional testing by City personnel when, in the
opinion of the Director, it is necessary for the protection of public health and safety.
13.08.180 Maintenance and repair of approved backflow prevention assemblies
A. The customer shall be responsible for the maintenance and repair of the approved
backflow prevention assembly. The customer shall at all times maintain the assembly in proper
working order as a condition of continued water service. If an approved backflow prevention
assembly should fail to pass inspection and testing pursuant to section 13.08.170 of this article,
the customer shall within thirty (30) days after written notification of results provide for the repair
of the assembly by the following method:
Repair by private personnel. Backflow prevention assemblies shall be repaired
by private personnel. Repairs and satisfactory re -testing of the assemblies by a
certified tester shall be documented and submitted on an approved form to the
City. Failure by the customer to repair an approved backflow prevention
assembly within thirty (30) days of being notified by the City in writing shall result
in the termination of water service.
B. Water service will be restored upon presentation of the approved form showing that
the necessary repairs and successful re -testing have been done.
Article III. -Water Conservation
13.08.220 Waste.
The waste of water is prohibited and any waste shall make the person subject to the provisions
of this article.
13.08.230 Defined.
"Waste of water" includes but is not limited to any of the following acts or omissions, whether
willful or negligent:
A. Failure to repair or correct a controllable leak or discharge of water, overspray, and/or
low head fixture leakage that results in the flow of water to an impervious surface;
B. The watering of lawns, flower beds, landscaping, ornamental plants or gardens on days
or at times other than those allowed in -Section 13.08.240 of this article;
C. Washing of sidewalks, driveways, parking areas, tennis courts, patios, streets or other
exterior paved areas or buildings except when required to remove any spillage of substances
that may be a danger to public health or safety;
D. Washing with water any motor vehicles, trailers or movable equipment other than with a
bucket and rinsing the vehicle or equipment by use of a hose for not more than three minutes;
E. Use of a hose without a positive shut off nozzle;
F. The excess watering of any area so that water flows into a gutter or any drainage area;
10
G. The unnecessary running of water in any residential, commercial or industrial
establishment onto the floor, pavement, ground or into any drain or drainage area, with any
equipment or in any way;
H. Watering of lawns or landscapes during or within 48 hours following a measurable rain.
I. Operation of a water fountain or other decorative water feature that does not use
recirculated water.
13.08.240 Watering days/hours.
A. Days. The watering of lawns, flower beds, landscaping, ornamental plants or gardens
throughout the year shall be allowed as follows:
1 Premises having odd numbered street addresses on Wednesday, Friday and
Sunday;
2. Premises having even numbered street addresses on Tuesday, Thursday, and
Saturday.
3. No watering will be allowed on Mondays.
B. Hours. Watering of lawns, flower beds, landscaping, ornamental plants or gardens shall
not be allowed at any hour between the hours of ten a.m. and six p.m.
C. City owned Parks, due to their size and use patterns, are exempt only from the
provisions of Section 13.08.240(A) and 13.08.240(B) of this code.
D. Upon city declaration of a local water shortage or a State of Emergency declared by the
Governor concerning California's water supplies, the Public Works Director or designee may
impose revised and/or additional water conservation measures on residential, commercial, and
industrial water users. No person shall use, or cause to be used, city water in violation of such
limitations. Violations of revised and/or additional conservation measures imposed under this
section are punishable as a misdemeanor.
13.08.250 Enforcement procedures.
A. Whenever the city becomes aware of a waste of water, the city shall notify the person at
the premises where the waste of water occurred by delivering an information sheet. The
information sheet shall describe the waste of water in order that it be corrected, cured or abated
immediately or within 72 hours. In addition, the information sheet may be given to any other
person known to the city who is responsible for that waste of water or the correction thereof and
may be delivered to the premises every time a waste of water occurs. Additionally, a written
notice stating the date(s), time(s) and type(s) of water waste shall be delivered to the person
who regularly receives the utility bill for the premises where the wasting occurred.
B. In the event of a second waste of water within a consecutive twelve month period, the
city will send a written notice assessing a surcharge in an amount determined from time to time
by City Council Resolution, and the surcharge shall be added to the next monthly utility bill for
the property on which the waste of water occurred.
C. In the event of a third waste of water within twelve months of any previous waste of
water, a written notice will be mailed assessing a surcharge in an amount determined from time
11
to time by City Council Resolution and the surcharge shall be added to the next monthly utility
bill for the property on which the waste of water occurred..
D. In the event of a fourth waste of water within twelve months of any previous waste of
water, a written notice will be mailed assessing a surcharge in an amount determined from time
--to-time-byCity-Council-R-esolution�-and-the-sureliarge-shaVbe-added-to-the-next-monthlyutility —
bill for the property on which the waste of water occurred.
E. In the event of a fifth waste of water within twelve months of any previous waste of
water, a written notice will be mailed assessing a surcharge in an amount determined from time
to time by City Council Resolution, and the surcharge shall be added to the next monthly utility
bill for the property on which the waste of water occurred. If the property is not already metered,
the city may also require the owner or user to pay for the cost of installation of a water meter
service as a prerequisite to continuing water service. The city may also install a flow restriction
device on the water service and require the owner or user to pay for the costs of installation
and/or removal.
F. In the event of any subsequent waste of water within twelve months of any previous
waste of water, the city may disconnect a customer's water service for willful violations of
restrictions in this chapter, in addition to assessing a surcharge in an amount to be determined
from time to time by City Council Resolution. The property owner or user will be required to pay
all outstanding utility charges, fees, penalties and surcharges, in addition to a reconnection
charge in an amount to be determined from time to time by City Council Resolution, prior to
reconnection of water services.
13.08.260 Strict application.
If the Public Works Director or designee determines the strict application of any of the provisions
of this article may cause undue hardship or public health and safety risk, or if other special
circumstances exist, the strict application of this article may be waived. Requests for relief
under this article must be received by the city at least 24 hours prior to special circumstances.
Special circumstances would include, but not be limited to: newly planted areas, newly seeded
areas, washing down after cement work and pressure washing a building before painting. The
decision of the Public Works Director may be appealed to the City Council as described in
Section 13.08.270 of this article.
13.08.270 Appeals.
If the ruling made by the Public Works Director or designee is unsatisfactory to the person
requesting consideration, the person may, file an appeal directed to the City Manager or
designee, whose decision may, upon request be subject to final review by the City Council. The
Public Works Director or designee's decision, action or determination shall remain in effect
during such period of reconsideration except that any surcharges assessed under this article will
be stayed until the City Council has made its decision. Decisions of the City Council are final.
13.08.280 Violation—Infraction.
In addition to the administrative enforcement procedures and surcharges set forth in this article,
each violation of this article may be punishable as an infraction.
13.08.290 Emergency water conservation—Purpose.
The purpose of emergency water conservation is to assist meeting water pressure and/or
supply demands when the water system cannot or may not be adequate and the failure to meet
12
such demands may result in harm to the water system and/or jeopardize the health and safety
of the public. In addition, emergency water conservation serves to protect water supplies during
drought conditions. The Public Works Director or designee shall determine the degree of
emergency and determine what additional restrictions of water use or other appropriate actions
must be taken to protect the water system, supply demands, and the citizens of Lodi.
SECTION 3. 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 4. 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 5. All ordinances and parts of ordinances in conflict herewith are repealed insofar
as such conflict may exist.
SECTION 6. Effective Date and Publication. This Ordinance shall take effect thirty (30) days
after its adoption. 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:
JENNIFER M. FERRAIOLO
City Clerk
State of California
County of San Joaquin, ss.
Approved this day of , 2015
BOBJOHNSON
MAYOR
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I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1917
was introduced at a regular meeting of the City Council of the City of Lodi held November 4,
2015, and was thereafter passed, adopted, and ordered to print at a regular meeting of said
Council held , 2015, by the following vote:
AYES: COUNCIL MEMBERS —
NOES: COUNCIL MEMBERS —
ABSENT: COUNCIL MEMBERS —
ABSTAIN: COUNCIL MEMBERS —
I further certify that Ordinance No. 1917 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
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JENNIFER M. FERRAIOLO
City Clerk