ITEM 4. 3
CITY MANAGER' S REPORT
DECEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
24- 460 OF THE CITY COUNCIL OF THE CITY OF
LATHROP AMENDING THE LATHROP MUNICIPAL
CODE ( LMC) TO UPDATE CHAPTER 13. 04 WATER
SERVICE SYSTEM, CHAPTER 13.6 SEWER SERVICE
SYSTEM AND CHAPTER 13. 20 UTILITY RATES AND
CHARGES IN TITLE 13, PUBLIC SERVICES
RECOMMENDATION: Waive Full Reading and Adopt Ordinance 24- 460 Amending the Lathrop Municipal Code ( LMC) to
Update Chapter 13. 04 Water Service System,
Chapter 13.6 Sewer Service System, and Chapter
13. 20 Utility Rates, and Charges in Title 13, Public
Services
RECOMMENDED ACTION:
The City Council to conduct a second reading and adopt Ordinance 24- 460 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP TO AMEND THE LATHROP MUNICIPAL CODE ( LMC) TO UPDATE CHAPTER 13. 04 WATER SERVICE SYSTEM, CHAPTER 13.6 SEWER SERVICE SYSTEM AND CHAPTER 13. 20 UTILITY RATES AND CHARGES IN TITLE 13, PUBLIC SERVICES
SUMMARY:
On October 14, 2024, the City Council approved the introduction and first reading of the subject Ordinance by the following vote:
AYES: Akinjo, Diallo, Lazard, Torres -O' Callaghan, and Dhaliwal NOES: None
ABSTAIN: None
ABSENT: None
The Ordinance will take effect 30 days after adoption.
SUBMITTED BY:
eresa Vargas
Government Services Director
City Clerk
Date
A. VGI& cr
ORDINANCE NO. 24- 460
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP TO AMEND THE LATHROP MUNICIPAL CODE ( LMC) TO UPDATE CHAPTER 13. 04 WATER SERVICE SYSTEM, CHAPTER 13.6 SEWER SERVICE SYSTEM AND CHAPTER 13. 20 UTILITY RATES AND CHARGES IN TITLE 13, PUBLIC SERVICES.
WHEREAS, this Municipal Code Text Amendment intends to update Sections
13. 04 and 13.6 of the Lathrop Municipal Code ( LMC) to include language that would provide current military personnel and veterans presenting proper documentation a 10% reduction to the fixed meter charge for water and a 10% reduction in the flat monthly service charge for wastewater; and WHEREAS, the 10% reduction for current military and veterans aligns with the City' ssupport of the military community and aims to extend gratitude to those who have served or are currently serving in the US armed forces; and WHEREAS, this Municipal Code Text Amendment to update Section 13. 20 of the Lathrop Municipal Code ( LMC) intends to revise the fee currently charged of $ 30 for suspension/ termination of services and $ 30 for service reconnection to a onetime charge of $ 35 to restore services to the same user when it is discontinued for failure to pay a delinquent account; and
WHEREAS, the proposed Municipal Code Text Amendment also establishes a 50 fee for locks found to be damaged or cut; and
WHEREAS, proper notice of the public hearing held on October 14, 2024 was given in all respects as required by law; and
WHEREAS, the City Council of the City of Lathrop has duly considered all written evidence and oral testimony presented during the October 14, 2024 public hearing.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LATHROP, based on substantial evidence in the administrative record of proceedings and pursuant to its independent review and consideration, does hereby approve the Lathrop Municipal Code amendments as outlined in the staff report dated October 14, 2024 and incorporated by reference herein.
Section 1. Amendments to the Lathrop Municipal Code ( LMC) to Update Chapter
13. 04 Water Service System, Chapter 13.6 Sewer Service System and Chapter
13. 20 Utility Rates and Charges in Title 13, Public Services, including:
Chapter 13. 04 (Water Service System): Add ( D) to 13. 04. 155 to read A water service customer who presents a current military identification card or veterans identification card shall receive a 10% reduction in their monthly service charge by meter size. The commodity rate shall not be reduced."
Ordinance No. 24- 460
Chapter 13.6 (Sewer Service System): Add ( D) to 13.6. 255 to read A sewer service customer who presents a current military identification card or veterans identification card shall receive a 10% reduction in their flat monthly service charge."
Chapter 13. 20 (Utility Rates and Charges): Revise 13. 20. 020 (E) to read " A fee [ of] Thirty- five and no/ 100ths ($35. 00) dollars shall be charged for restoring water service to the same user when it is discontinued for failure to pay a delinquent account."
Chapter 13. 20 (Utility Rates and Charges): Add ( F) to 13. 20. 020 to read " In the event it is necessary to lock a water meter because of a delinquency and the lock is subsequently found damaged or cut, a fee of Fifty and no/ 100ths ($ 50. 00) dollars shall be charged in addition to the fee set forth in subsection ( E) of this section.
Chapter 13. 20 (Utility Rates and Charges): Revise 13. 20. 050 to read Any utility bill which is not fully paid by the last day of the month in which they are billed shall be subject to a 10% late charge on the unpaid utility charges. The late charge shall be added to the utility bill and shall be subject to all collection processes for unpaid utility charges, including, but not limited to, any lien process available to the city under general legal principles."
Section 2. This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care toward persons and property within or without the city so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3. Severability If any section, subsequent subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.
Section 4. Effective Date This Ordinance shall take legal effect 30 days from and after the date of its passage.
Section 5. Publication
Within fifteen days of the adoption of this Ordinance, the City Clerk shall cause a copy of this Ordinance to be published in full accordance with Section 36933 of the Government Code.
Ordinance No. 24- 460
THIS ORDINANCE was introduced at a regular meeting of the City Council of the City of Lathrop on the 14th day of October 2024, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on the day of , 2024, by the following vote, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Ordinance No. 24- 460
City of Lathrop, CA
New text is shown underline; deleted text is shown by strikethrough
13. 04. 155. Payment assistance program —Water service.
A. Any water service customer who is currently enrolled in or is eligible for a payment assistance program with Pacific Gas and Electric ( currently known as " CARE") shall also be eligible for a rate reduction as described by this section.
B. A water service customer who presents a current Pacific Gas and Electric bill that indicates that the customer is eligible or enrolled in the CARE program shall receive a 20% reduction in their monthly service charge by meter size. The commodity rate shall not be reduced.
C. Customers who qualify for the payment assistance program must provide a copy of their
Pacific Gas and Electric bill described in subsection A each June 1st for the city to re -verify eligibility. If a customer does not provide a copy of the bill by June 30th of each year, or if the customer is no longer eligible for the CARE program, then the customer shall no longer be eligible for the payment assistance program and shall not receive a reduction in rates.
D. A water service customer who presents a current military identification card or veterans identification card shall receive a 1 0% reduction in their monthly service charge by meter size. The commodity rate shall not be reduced.
13.6. 255. Payment assistance program —Sewer service.
A. Any sewer service customer who is currently enrolled in or is eligible for a payment assistance program with Pacific Gas and Electric ( currently known as " CARE") shall also be eligible for a rate reduction as described by this section. For purposes ofthis section, " sewer service customer" shall mean an individual residential consumer or multi -family residential property owner. In order to obtain the assistance provided for in this section, multifamily residential owners shall provide proof of eligibility for each unit as set forth below.
B. A sewer service customer who presents a current Pacific Gas and Electric bill that indicates that the customer is eligible or enrolled in the CARE program shall receive a 10% reduction in their flat monthly service charge.
C. Customers who qualify for the payment assistance program must provide a copy of their Pacific Gas and Electric bill described in subsection A each June 1st for the city to re -verify eligibility. If a customer does not provide a copy of the bill by June 30th of each year, or if the customer is no longer eligible for the CARE program, then the customer shall no longer be eligible for the payment assistance program and shall not receive a reduction in rates.
D. A sewer service customer who presents a current military identification card or veterans identification card shall receive a 10% reduction in their flat monthly service charge.
13. 20. 020. Deposits for utility service —Termination, suspension and reconnection fees.
A. All persons making application for new utility service, or making application for a change of utility service site who have not maintained a satisfactory collection record with the city as to satisfactory credit worthiness defined herein, shall make a security deposit at the time of making the application. The amount of the deposit required for utility service shall be $ 150.
For purposes of this section " utility service" is defined as " water and sewer service." Downloaded from https:// ecode360. com/ LA4956
City of Lathrop, CA
B. All persons who have a delinquent account( s) resulting in disconnection shall be required to make a deposit of $150 prior to reconnection if there is not a current deposit available on the delinquent account( s).
C. Upon satisfactory collection of a subscriber' sutility bill for a consecutive 12 month period, the deposit paid under this section shall be refunded or applied to the current balance ofthe account.
D. " Satisfactory credit worthiness," as used in this section, means a payment record reflecting no more than one delinquent notice within a consecutive 12 month period with the city.
E. In the event of a termination or a suspension of service or a reconnection of service that has been suspended, the following charges will apply:
3- 0A2. 10
Service connection 3$89
E. A fee [ oil Thirty- fiveand no/ 100ths ($35. 00) dollars shall be charged for restoring water service to the same user when it is discontinued for failure to pay a delinquent account.
F. In the even it is necessary to lock a water meter because of a delinquency and the lock is subsequently found damaged or cut, a fee of Fifty and no/ 100ths ($50. 00) dollars shall be charged in addition to the fee set forth in subsection ( E) of this section.
13. 20. 050. Late charge.
Any utility bill which is not fully paid by the last day of the month in which they are billed shall be subject to a 10% late charge on the unpaid utility charges. balance, The late charge shall be added to the utility bill and shall be subject to all collection processes for unpaid utility charges, including, but not limited to, any lien process available to the city under general legal principles.
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