HomeMy WebLinkAboutAgenda Report - July 16, 2008 K-05AGENDA ITEM Kew 45
A� CITY OF LODI
COUNCIL COMMUNICATION
M
AGENDA TITLE: Introduce Ordinance Amending Lodi Municipal Code Chapter 13.16, "Solid
Waste," by Repealing and Reenacting Section 13.16.010 Definitions
MEETING DATE: July 16,2008
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Approve the introduction of an ordinance amending Chapter 13.16,
"Solid Waste," by repealing and reenacting Section 13.16.010
Definitionsto the Lodi Municipal Code (LMC).
BACKGROUND INFORMATION: The current LMC chapter regarding solid waste is in need of revision
of its definitions under Section 13.16.010. The attachment shows the
changes made to the current solid waste section of the Municipal
Code that would make up the reenacted code. The changes are:
Revise definition of industrial waste, which is not included in the exclusive solid waste
franchise, The previous definition did not make clear that waste must originate within City
limits to be classified as industrial waste. For example, businesses outside of the City limits
that are considered industrial often warehouse their products at locations within the City limits.
By revising this definition, it will make clear that warehousing materials produced by an
industrial business that is outside of the City limits does not make it exempt from the exclusive
solid waste franchise.
Add definition for construction/demolition waste, Construction/demolition waste is considered
industrial waste and is mentioned in both the industrial customer and industrial waste
definitions yet was not listed under the definition section of the code
FISCAL IMPACT: None.
FUNDING AVAILABLE: Not applicable.
AA
F. Wally Sande in
01 Public Works Director
FVVSlpmf
Attachment
cc: Thorn Sanchez. Waste Management
APPROVED:
Blair Kin anager
K=PISolld WastelClntoOrdinance doc
711012008
13.16.010 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, the following
definitions apply:
A. "Collection" means the act of collecting refuse at the place of waste generation by an
approved collection agent (public or private), and is distinguished from "removal."
B. "Collection vehicle or equipment" means and includes any vehicle or equipment used in
the collection of residential refuse or commercial or industrial solid wastes.
C. "Commercial customers" means all commercial (non-manufacturing)enterprises within
the city limits except industrial customers.
D. "Construction/Demolition waste" means used or discarded materials generated within the
city limits during the construction. remodeling, renovation or demolition on residential and
commercial buiidings and any other structure or pavement.
E. "Container service" means the type of refuse removal consisting of containers ranging
from one cubic yard to fifty cubic yards, typically for large volume refuse generators.
F. "Contract" means the written agreement covering the performance of the work, including,
but not limited to, the formal agreement, and special provisions, affidavits and certificates of
equal opportunity employment, certificate of worker's compensation insurance, the proposal,
contract specifications and performance bond.
G. "Contractor" means the individual, partnership, corporation, joint venture or other legal
entity entering into a contractwith the city to perform the work. When modified by the phrase
"as constituted." it means the partnership, corporation or other legal entity as organized and
existing, with the same majority shareholders, as determined at the time of the execution of a
contract between the contractor and the city.
H. "Disposal site" means and includes the place, location, tract of land, area or premises in
use, intended to be used, or which has been used for the landfill disposal of solid wastes.
I. "Garden (green) waste" means refuse consisting of grass, leaves, wood chips, green
plants. weeds, tree branches and garden trimmings.
J. "Industrial customer" means all manufacturing enterprises that generate industrial waste
within the city limits except commercial customers. The city manager or other designee shall
determine whether a customer is "industrial" or "commercial".
K. "Industrial waste" means solid waste originatingfrom man ufactu ring faci I ities and factories
within the city limits including construction and demolition projects. Industrial waste also
means solid waste produced by any person, firm or corporation primarily engaged in the
business of processing and man ufactu ring for the purpose of wholesale.
L. "Multi -cart service" means the type of refuse removal designed for source separating into
three carts. One cart for non -recyclable materials and non -green waste, one cart for
recyclable materials and one cart for green waste. This type of service is generally for lower
volume refuse generators with carts of less than one hundred gallons.
.m. "Recycling" means the process by which salvaged materials become usable products.
R. "Refuse" means any and all discarded items and substances of every kind, including
salvageable or recyclable materials, and garden (green) wastes, but not including sewage,
septic tank contents, infectious wastes, or hazardous wastes as defined by state and/or
federal law.
D. "Removal" means the act of taking solid wastes from the place of waste generation either
by an approved collection agent or by a person in control of the premises.
L. "Residential customer" means all residences with in the city limits, including single-family
and multi -family dwellings.
.Q. "Subcontractor" means the individual, partnership or corporation or other legal entity
entering into a contract with the contractorto perform a portion of the work.
a. "Transfer station/resource recovery facility" means and includes those facilities utilized to
receive solid wastes, temporarily store, separate, convert or otherwise process the materials
in the solid wastes, or to transfer the solid wastes directly from smaller to larger vehicles for
transport to their final place of disposition. (Ord. 1709 § 1 (part), 2002)
13.16.010 Definitions.
Forthe purposes of this chapter, unless otherwise apparent from the context, the following
definitions apply:
A. 'Collection' means the act of collecting refuse at the place of waste generation by an
approved collection agent (publicor private), and is distinguished from 'removal:
B. 'Collection vehicle or equipment" means and includes any vehicle or equipment used in
the collection of residential refuse or commercial or industrial solid wastes.
C.'Commercial customem" meansait commercial(non-manufacturing)enterpriseswithin
the city limits except industrial customers
D. "Construction/Demolition waste" means used or discarded materials senerated within the
- Delated: J
city limits during the construction. remodelins. renovation or demolition on residential and
� ;
commercial buildings and any other structure or pavement .
_'Container service" means the type of refuse removal_consisting of containers ranging _
_ - ��: v
from one cubic yard to fifty cubic yards, typicallyfor large volume refuse generators.
- Delated: .
F• 'Contract" means the written a.greementcovedngtheperformance of_the work_including ------
-( Deieted: E 1
but not limitedto, the formal agreement, and special provisions, affidavits and certificates of
equal opportunity employment, certificate of worker's compensation insurance, the proposal,
nol In .
contract specifications and performance bond.
a. 'Contractor' meansthe individual, partnersNp. corporatlon, joint venture or other legal _
_ - (l letxd: F 1
entity ente6ng into a contractwith the city to perform the work. When modified by the phrase
Deice: M
"as constituted." it means the partnership. corporation or other legal entity as organized and
existing, with the same majorityshareholderr. as determined at the time of the execution of a
contract between the contractor and the city.
V. 'Dtaposal site" means and includestheplace,, location, tract of land, area a or premises in
_ - [Deleted: G
use, intended to be used, or which has been used for the landfill disposal of solid wastes.
4. 'Garden (green) waste" means refuse consisting of grass, leaves, wood -chips,. green _ _
- Deleted: H
plants, weeds. tree branches and garden trimmings.
g 'Industria, customer' means all manufacturing enterprises as defined oy STANDARD De1effff."T-
INDUSTRIAL CLASSIFICATION MANUAL. D v sion D Manufacturing, who generate
ingustnal waste w to n the city t m is except commercial cistomers Tne city manaaer or
tther designee shall determine whether a customer is "industrial" or °commercial".
Oc'Industrial waste" means solid - wast e originatinafrom manufacturing_ facilities and factories _
- Delated: J
Pithin the city limits including constructionand demolition projects. Industrial waste- a7SOn
� ;
means solid waste produced by any person, firm or corporation primarily engaged in the
business of processing and manufacturing for the purpose of wholesale rather than for direct
Inse+I within the cityiimits
sale to the domestic consumer_
- Delated: .
,j_. "Multi -cart service: means the type of refuse removal dem for source separating -into
_,,1ed; Font solar: Auto
three carts. One cart for non -recyclable materials and non -green waste, one cart for
One
recyclable and one cart for green waste. This type of service is generally for lower
nol In .
volume refuse generatorr with carts of less than one hundred gallons.
u�l "!kecygI ng" means the process by which salvaged materials become usable products.
- Defied: L
use" means any and all discarded items and substances of every kind, including--------
Deice: M
salvageable or recyclable materiafs, and gaiden (green) wastes, but not including sewage,
septic tank contents. infectiouswastes. or hazardous wastes as defined by state and/or
federal law.
J� "Removal" means the act of taking solid wastes from the place of waste generation either
Delexed: N I
by an approved collection agent or by a person in control of the premises.
P. "Residential customer" means residences within the city Omits. in hiding single-family _
- Dented: o
_all
and multi -family dwellings.
'Subcontractor' means the individual,_partnership or corporation or other legal entity
Deleted: P
--------
entering into a contract with the contractor to perform a portion of the work.
a. "Transfer stabordresource recoveryfaciliy means and includes those fa_ciltties utilized to_ _
_ _ Deleted: 0
receive solid wastes, tem porarilystore, separate. convert or otherwise process the materials
in the solid wastes, or to transfer the solid wastes directlyfrom smaller to larger vehicles for
transport to their final place of disposition. (Ord. 1709§ 1 (part), 2002)
K-5
13.16.010 Definitions.
For the purposes
apte
ppa
definitions apply:
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A. 'Colleon" me
e f
t the pia
ate go
on by
approved collectio
nt III
to ,
lg dis g
from "re
l,"
B. "Collectionvehi
r m
a a
dud
h or a
ent u
in
the collection of
talo
a
st .
C. "Commercial custumers" means all commercial (non-man4acturing) enterprises within
the city limits except industrial customers
D. "ConstructioniDemolition waste" me ris used or discarded .,materials generated within the
riiy lirttits doling. he wnstruction, remodelin renovat nor demolition on residential and
ralnntercial build€Rigs and any other structure or pavement.
Container service' means the type of refuse removal consisting of containers ranging
(Deieteri Q _
from one cubic yard to fiffy cubic yards, typicallyfor large volume refuse generators.
means covering the performance of the work. including,
r Deleted: e
l
but not limitedto the formal agreement, and special provisions, affidavitsand certificatesof
'"
equal opportunity employment, certificate of worker's compensation insurance, the proposal,
contract specifications and performance bond.
L3. "Contractor" meansthe individual, partnership, corporation,joint venture-orother legal
...................
t Dem;
entity entering into a contractwith the city to perform the work. When modified by the phrase
"as constituted," it means the partnership, corporation or other legal entity as organized and
existing, with the same majority s ha reholders, as determined at the time of the execution of a
contract between the contractorand the city.
Pi. "Disposal site" means and includes the place, location, tract of land,. area or premises in
Delet+Gd; G
use, intended to be used, or which has been used for the landfill disposal of solid wastes.
_
"Garden (green) waste" means refuse consisting, of grass. leaves, wood chips, green
I Deleted: H
plants, weeds, tree branches and garden trimmings.
T _.
,I. "Industrial cus
-tea°
s
erpris..
n ..
Deleted: ;
--
industrial waste wit he pt rdal cu . The ci ager
other designee she to a I
C,
"Industrial waste _ _lid in faci and Deleted: J
vithiit the city Iirni_ ... rx} eo n an emo.. on pro ndust_a wasto„asa deleted:
means solid waste produced by any person, firm or corporation primarily engaged in the
InerEe_l: _w_.-t.F...�n._tha cit limits
business of processingand manufacturingfor the pur oseof wholesale than for irECe
sale
to the domestic consumer,.
. 'Multi -cart service means the type of refuse removal designed for source separating into '""'
Fora acted: Font calor: Auto
three carts. One cart for non -recyclable materials and non -green waste, one cart for KK
Deleted. K
recyclable materials and one cart for green waste. This type of service is generally for lower Dele_ . -._._ .__ - . - - - - . - -i
volume refuse generators with carts of less than one hundred gallons. L ...............
,LM. "Recycling" means the process by which salvaged materials become usable products. . Defeted:
"Refuse" means an and all discarded items and substances of eve kind, Including
s Y and every 9 Deleted: M
salvageable or recyclable materials. and garden (green) wastes. but not including sewage, _.�
septic tank contents, infectious wastes. or hazardous wastes as defined by state and/or
federal law.
,0 "Removal" means the act of taking Solid wastes from the place of waste generation either Deleted; N t
by an approved collection agent or by a person in control of the premises.
.......... ---
"Residential customer" meansali residenceswithin the city limits. includingsingle-family Deleted: o �}
and multi -family dwellings.
. "Subcontractor' meansthe individual, partnershipor corporation or other legal entity Deleted: P
entering into a contractwith the contractorto perform a portion of the work. """"'
,.."Transfer stat on resource recovery facility' meansand nc Des thosefacil ties utilized to
rt7eltted: 4.......... ...
rece-Je su d waste,. temporarily star Sepate convert r .
n the solid wastes, �er i l st ire y ( m , a v icl or
transporttotheirfin ace is r rd 09 1 0
E
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LODI AMENDING LODI MUNICIPAL CODE CHAPTER 13.16,
"SOLID WASTE," BY REPEALING AND REENACTING SECTION
13.16.010 DEFINITIONS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
Section 1. Lodi Municipal Code Chapter 13.16, "Solid Waste," is hereby amended by
repealing and reenacting Section 13.16.010 Definitions and shall read as follows:
13.16.010 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, the following
definitions apply:
A. "Collection" means the act of collecting refuse at the place of waste generation
by an approved collection agent (public or private), and is distinguished from
"removal."
B. "Collection vehicle or equipment" means and includes any vehicle or equipment
used in the collection of residential refuse or commercial or industrial solid
wastes.
C. "Commercial customers" means all commercial (non -manufacturing)
enterprises within the city limits except industrial customers.
D. "Construction/Demolition waste" means used or discarded materials generated
within the city limits during the construction, remodeling, renovation or
demolition on residential and commercial buildings and any other structure or
pavement.
E. "Container service" means the type of refuse removal consisting of containers
ranging from one cubic yard to fifty cubic yards, typically for large volume
refuse generators.
F. "Contract" means the written agreement covering the performance of the work,
including, but not limited to, the formal agreement, and special provisions,
affidavits and certificates of equal opportunity employment, certificate of
worker's compensation insurance, the proposal, contract specifications and
performance bond.
G. "Contractor" means the individual, partnership, corporation, joint venture or
other legal entity entering into a contract with the city to perform the work.
When modified by the phrase "as constituted," it means the partnership,
corporation or other legal entity as organized and existing, with the same
majority shareholders, as determined at the time of the execution of a contract
between the contractor and the city.
H. "Disposal site" means and includes the place, location, tract of land, area or
premises in use, intended to be used, or which has been used for the landfill
disposal of solid wastes.
"Garden (green) waste" means refuse consisting of grass, leaves, wood chips,
green plants, weeds, tree branches and garden trimmings.
J. "Industrial customer" means all manufacturing enterprises who generate
industrial waste within the city limits except commercial customers. The city
manager or other designee shall determine whether a customer is "industrial"
or "commercial".
K. "Industrial waste" means solid waste originating from manufacturing facilities
and factories within the city limits including construction and demolition
projects. Industrial waste also means solid waste produced by any person, firm
or corporation primarily engaged in the business of processing and
manufacturing for the purpose of wholesale.
L. "Multi -cart service" means the type of refuse removal designed for source
separating into three carts. One cart for non -recyclable materials and non-
green waste, one cart for recyclable materials and one cart for green waste.
This type of service is generally for lower volume refuse generators with carts
of less than one hundred gallons.
M. "Recycling" means the process by which salvaged materials become usable
products.
N. "Refuse" means any and all discarded items and substances of every kind,
including salvageable or recyclable materials, and garden (green) wastes, but
not including sewage, septic tank contents, infectious wastes, or hazardous
wastes as defined by state and/or federal law.
O. "Removal' means the act of taking solid wastes from the place of waste
generation either by an approved collection agent or by a person in control of
the premises.
P. "Residential customer" means all residences within the city limits, including
single-family and multi -family dwellings.
Q. "Subcontractor" means the individual, partnership or corporation or other legal
entity entering into a contract with the contractor to perform a portion of the
work.
R. "Transfer station/resource recovery facility" means and includes those facilities
utilized to receive solid wastes, temporarily store, separate, convert or
otherwise process the materials in the solid wastes, or to transfer the solid
wastes directly from smaller to larger vehicles for transport to their final place of
disposition.
Section 2 - No Mandatory Duty of Care. This ordinance is not intended to and shall not be
construed or given effect in a manner which imposes upon the City, or any officer or employee
thereof, a mandatory duty of care towards persons or property within the City or outside of the
City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3. In the event that any portion of this Ordinance is determined to be invalid or
illegal then the entire Ordinance will be repealed and reenacted back to its form prior to
September 21, 2005.
Section 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as
such conflict may exist.
Section 5. This ordinance shall be published one time in the "Lodi News Sentinel," a daily
E
newspaper of general circulation printed and published in the City of Lodi, and shall be in force
and take effect 30 days from and after its passage and approval.
Attest:
RANDIJOHL
City Clerk
State of California
County of San Joaquin, ss.
Approved this day of July, 2008.
JOANNE MOUNCE
Mayor
I, Randi Johl, 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 July 16, 2008, and
was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held
, 2008, 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 of the date of
its passage and the same has been published pursuant to law.
Approved as to Form:
D. STEPHEN SCHWABAUER
City Attorney
3
RANDIJOHL
City Clerk
CITY COUNCIL
JOANNE L. MOUNCE. Mayor
LARRY 0. HANSEN,
Mayor Pro Tempore
SUSAN HITCHCOCK
BOBJOHNSON
PHIL KATZAKIAN
CITY OF LODI
PUBLIC WORKS DEPARTMENT
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI. CALIFORNIA 95241-1910
(209) 333-6706
FAX (209) 333-6710
EMAIL pwdepl@lodi.gov
hltp:l\www.lodi.gov
July 7, 2008
Central Valley Waste Services
Mr. Thom Sanchez
P.O. Box 241001
Lodi, CA 95241
BLAIR KING
City Manager
RANDIJOHL
City Clerk
D. STEVEN SCHWABAUER
City Attorney
F. WALLY SANDELIN
Public Works Director
SUBJECT: Introduce Ordinance Repealing and Reenacting Lodi Municipal Code 13.16
Pertaining to Solid Waste
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, July 16, 2008. The meeting will be held at 7 p.m. in the
City Council Chamber, Carnegie Forum, 305 West Pine Street.
This item is on the regular calendar for Council discussion. You are welcome to attend.
If you wish to write to the City Council, please address your letter to City Council,
City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the
mail. Or, you may hand-deliverthe letter to City Hall, 221 West Pine Street.
If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's
card (available at the Carnegie Forum immediately prior to the start of the meeting) and
give it to the City Clerk. If you have any questions about communicating with the
Council, please contact Randi Johl, City Clerk, at 333-6702.
If you have any questions about the item itself, please call me at 333-6709.
F. Wally Sandelin
Public Works Director
FWSlpmf
Enclosure
cc: City Clerk
NCINTOORDINANCEDOC