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HomeMy WebLinkAboutAgenda Report - August 6, 2008 K-05AGENDA ITEM s!; ta CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Introduce Ordinance Amending Lodi Municipal Code Chapter 13.16, "Solid Waste," by Repealing and Reenacting Section 13.16.010 Definitions MEETING DATE: August 6,2008 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: Lodi Municipal Code (LMC) chapter 13.16 regarding solid waste establishes the City's exclusive right to collect solid waste within the City and this function has been contracted to Central Valley Waste Services (CVWS). This contract covers all residential and commercial solid waste but does not include industrial solid waste. The determination of whether a customer is industrial or commercial is typically made by the Public Works Director as the designee of the City Manager and all industrial customers must be approved by the Public Works Director. By definition (LMC 13.16.010J), industrial waste "means solid waste originating from manufacturing facilities including construction and demolition projects." The intent of the ordinance is that an industrial customer operating within Lodi is primarily a manufacturing facility over and above other activities that may occur at the site. The action requested of Council is to add the words "within the City limits" to the definition of "industrial waste" but the Council is not being asked to make a determination of whether a business is a commercial customer or an industrial customer. As a matter of practice, one of the four City -permitted industrial haulers submits a written requestfor the determination that a specific business is an industrial customer. This process was established in the City's Policies and Procedures Solid Waste Policy No. 2, attached as ExhibitA. Since initiation of the Policy in September 2002, a total of 35 determinations have been requested, of which four have been denied. A summary of the requests is provided as Exhibit B. At issue is whether a customer with a manufacturing facility outside of the City of Lodi and a commercial warehouse facility within the City can contract with a City -permitted industrial hauler to collect solid waste from both facilities. The policy and ordinance are not specific to this situation and the proposed ordinance wording would clarify that the warehouse facility must be determined to be an industrial customer before a City -permitted industrial hauler would be allowed to service the warehouse facility. As mentioned above, the warehouse facility would have to be primarily a manufacturing facility far exceeding the warehousing operation in order to be determined as an industrial customer. At the July 16 City Council meeting, this item was tabled to allow staff to bring additional information to the City Council regarding existing warehousing commercial solid waste service and to facilitate discussionswith California Waste Services and California Waste Recovery. This informationwill be APPROVED: i' r--� Blair g, City Manager K:MMSohd WastekUntroOrdinance.doc 7!3012408 Introduce Ordinance Amending Lodi Municipal Code Chapter 13.16, "Solid Waste," by Repealing and Reenacting Section 13.16.010 Definitions August 6,2008 Page 2 presented to Council at the meeting. At any rate, to accurately reflect the intent of the current ordinance, the definition of "industrial waste" which is to mean solid waste originating in the City, a revision is needed under Section 13.16.010 C and J. The attached Exhibit C presents the modifications to LMC that would make up the reenacted code. The changes are: Revise definition of "industrial waste" to make it clear that waste must originate within City limits to be classified as industrial waste. For example, manufacturing 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 it clear that warehousing materials in the City produced by an industrial business outside of the City 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 included in the definition section of the code. FISCAL IMPACT: None FUNDING AVAILABLE: Not applicable. latt-1, jn'"� F. Wallv Sa el n Public Works Director FWSlbss Attachments cc: Thom Sanchez. Central Valley Waste Services K IWPISoIid WasteNClntrOOrdinance doc 713012008 OF CGS G.UTY OF LODI �9<fFOH�,Q PUBLIC WORKS .. .PROCEDURES Exhibit A POLICIES AND SOLID WASTE — 2 Commercial/Industrial Determination 9/2002 Purpose/Applications: The purpose of this policy is to provide a basis for the determination between industrial and commercial solid waste customers. Definitions: • Municipal Code (13.16.010): I. Industrial Customer — All manufacturing enterprises who generate industrial waste within the City limits. The City Manager or other designee shall determine if a customer is "industrial' or "commercial'. J. Industrial Waste — Solid waste originating from manufacturing facilities and factories 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. • California integrated Waste Management Board Article 3. §18720: (30) "solid waste originating from mechanized manufacturing facilities, factories, refineries, construction and demolition projects, and publicly operated treatment works". • California Revenue and Taxation Code §6377. Tangible personal property; purchse for use by qualified person or certain contractors; manufacturing, recycling, or research and development; application. (2) "Manufacturing" means the activity of converting or conditioning property by changing the form, compositon, quality, or character of the property for ultimate sale at retail or use in the manufacturing of a product to be ultimately sold at retail. Manufacturing includes any improvements to tangible personal property that result in a greater service life or greater functionality than that of the original property. • Considering the above definitions, the City classifies the following types of customers as "industrial'. Uses engaged in fabricating or manufacturing may be considered industrial such as: Cannery/food processing Eq u i pment fabrication Building/demolition work (the project or construction site). 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Stephens Construction Jennifer Pike 1717 S. Stockton Street 333-0136 Commercial 9/17/03 Java Stop Bob Casale no 321 S. Hutchins 369-9381 Commercial 12/3/02 Mike's Upholstery Mike Pyle 43 Commerce St. 369-7232 Commercial 12/11/02 Vital ink/Nei2hborhood Phar Darlene 927 Industrial Wav 333-4900 X 109 Commercial 12/9/02 Exhibit C 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 g c; Lityi limits durinq the construction, remodelin renovaiian or demo(itian can residential and commercial buildings and any other structure or navernent. 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. E. "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. 4. "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. 4. "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. 1. "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 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. 0. "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. .6:='.. "Residential customer" means all residences within the city limits, including single-family and multi -family dwellings. O. "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. (Ord. 1709 § 1 (part), 2002) 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. "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. 2 Section 5. This ordinance shall be published one time in the "Lodi News Sentinel," a daily 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: RANDI JOHL City Clerk State of California County of San Joaquin, ss. Approved this _ day of August, 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 August 6, 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 RANDI JOHL City Clerk CITY OF LODI PUBLICWORKS DEPARTMENT K-5 POLICIES AND PROCEDURES Commercial/Industrial Determinations (continued) Incidental retail sales from an industrial customerwould not automatically result in reclassification to commercial. Any use defined in the City's zoning code that is allowed within a residential zone is generally not considered industrial (simply being located in an industrial zone does not mean the business is classified as industrial). Commercial uses that are only permitted in industrial zones such as trucking companies are not considered industrial. A list of determinations shall be maintained by the Public Works Department. ,ustomer Notification: Upon City notification of customerwishingto cancel service with the franchisee. the following notification procedure shall be followed: ■ Customer requests reviewed by City Manager ManagementAnalyst ■ Customer requests approved by City Manager ■ Determination made and recorded ■ Determination letter sent to customer, franchisee and other solid waste company if request is initiated bythem Policy Appro ed �Q H. Dixon Flyn n, City Manager Introduce Ordinance Amending LMC 13. 16 "Solid Waste " August 6, 2008 April 2, 2008 Council Meeting Draft Business Points 7) Renewal term: Seven years One CVWS option to renew for additional 7 years Staff recommends that the new term start in 2008 8) Technical ordinance revisions Industrial customer Construction & demolition debris 9) Compactor rates Rate for servicing certain types of trash compactors Labor intensive Ordinance Revisions LMC 13.16.010 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. 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. Questions Ag Equipment Services Alexander's Bakery American Auto Body American Master Tech Anderson Steel Brilliant Furnishing BUBCO Concrete, Inc. Dependable Precision Mfg. Design Woodworking Finishline Car Audio G.G.Hust and Sons, Inc. Gary's Signs H. Max Lee, Inc. Haley Woodworks Koehler Heating and Air Solid Waste Determination Accepted Businesses Robert Kelley 133 Commerce Street 367-0950 Industrial Judd Cappelletti Gary Koepplin Donald Jones Willy Linton Steve Mason Debbie Simnacher Robert Hagan Cliff McBride David Worfolk Jason Gurney Tina Piazza Gary Markle Kristen Lee James Haley Tim Koehler 1100 W. Lodi Avenue 2347 Maggio Circle 1330 Thurman Road 1803 S. Stockton Street 1027 Black Diamond Wy, St. C 816 B Black Diamond Way 851 E. Lodi Avenue 1111 S. Stockton Street 709 N. Sacramento Street 1300 Auto Center Dr., Suite A 20 W. Commerce Street 1620 S. Ackerman Drive 1250 E. Turner Road 2370 Maggio Cir. Unit 13 900 S. Sacramento Street 369-2225 334-5289 368-4031 339-9324 367-3500 800-474-2532 333-6380 369-1055 334-6674 369-3939 333-3355 369-8592 369-8077 607-4296 334-4756 Industrial Industrial Industrial Industrial Industrial Industrial Industrial Industrial Industrial Industrial Industrial Industrial Industrial Industrial Industrial 11/5/02 12/11/02 11/05/02 7/17/03 11/5/02 1/15/08 12/3/02 11/5/02 11/5/02 11/5/02 5/14/07 11/5/02 12/3/02 10/5/04 1/09/04 11/5/02 L, F 4 li _ _ ! i i+i f Solid Waste Determination Denied Businesses A.M. Stephens Jennifer Pike 1717 S. Stockton Street Construction Commercial 11/5/02 George Reed, Inc. Steve Paoletti 686 E. Lockeford Street Java Stop Bob Casalegno 321 S. Hutchins Mike's Upholstery Mike Pyle 43 Commerce St. Pinnell's Abbey Carpet Bob Pinnell 2441 S. Stockton Street Vitalink/Neighborhood Darlene 927 Industrial Way Phar 333-0136 Commercial 9/17/03 334-0790 Commercial 11/5/02 369-9381 Commercial 12/3/02 369-7232 Commercial 12/11/02 366-1701 Commercial 333-4900 X109 Commercial 12/9/02 CITY COUNCIL JOANNE L. MOUNCE, Mayor LARRY D. HANSEN, Mayor Pro Temporo 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 pwdept@lodi.gov http:kkwww.lodi.gov August 1,2008 Central Valley Waste Services Mr. Thom Sanchez P.O. Box 241001 Lodi. CA 95241 BLAIR KING City Manager RANDIJOHL City Clerk O. STEVEN SCHWABAUER City Attorney F. WALLY SANDELIN Public Works Director SUBJECT: Introduce Ordinance Amending Lodi Municipal Code 13.16, "Solid Waste," by Repealing and Reenacting Section 13.16.010 Definitions Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, August 6, 2008. The meetingwill 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 letterto 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 F W Slpmf Enclosure cc: City Clerk NCINTOORDINANCE.DOC