HomeMy WebLinkAboutAgenda Report - August 20, 2008 L-01AGENDA ITEM L-01
• CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Ordinance No. 1815 Entitled, "An Ordinanceof 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"'
MEETING DATE:
PREPARED BY
August 20,2008
City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1815.
BACKGROUND INFORMATION: Ordinance No. 1815 entitled, "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,"' was introduced at the regular City Council meeting of
August 6,2008.
ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of
its introduction. Two readings are therefore required —oneto introduce and a second to adopt the
ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting;
except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances
must be read in full either at the time of introduction or at the time of passage, unless a regular motion
waiving further reading is adopted by a majority of all council persons present. Cal. Gov't Code§ 36934.
Ordinances take effect 30 days after their final passage. CaL Gov't Code§ 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT: None.
FUNDING AVAILABLE: None required.
Randi Johl
City Clerk
RJ/jmp
Attachment
APPROVED:
council/councom/Ordinancel Am
Blair Q�ity Manager
ORDINANCE NO. 1815
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.
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 (public or private) and is
distinguishedfrom "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 rangingfrom one cubic yard to fifty cubic yards, typicallyfor 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" meansthe 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 includesthe place, location, tract of land, area, or
premises in use, intended to be used, orwhich 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 who generate
industrial waste within the city limits except commercial customers. The city
manageror other designee shall determine whether a customer is "industrial"
or "commercial."
K. "Industrial waste" means solid waste originatingfrom manufacturingfacilities
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 generallyfor lowervolume refuse generatorswith carts
of less than one hundred gallons.
M. "Recycling" means the process bywhich 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 col lection agent or by a person i n 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 contractwith the contractorto perform a portion of
the work.
R. "Transfer station/resource recovery facility" means and includes those
facilities utilizedto receive solid wastes, temporarily store, separate, convert
or otherwise processthe materials in the solid wastes, or to transfer the solid
wastes directlyfrom smallerto larger vehicles for transportto their final place
of disposition.
Section 2 - No Mandatory Dutv 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 propertywithin the City or
outside of the City so as to provide a basisof civil liabilityfor damages, except as otherwise
imposed by law.
Section 3. In the event that any portion of this Ordinance is determinedto be invalid or
illegal then the entire Ordinance will be repealed and reenacted back to its form prior to
September 21,2005.
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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
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.
Approved this 20th day of August, 2008
JOANNE MOUNCE
Mayor
NDI JOHL
City Clerk
State of California
County of San Joaquin, ss.
I, Randi Johl, City Clerk of the City of Lodi, do herebycertify that Ordinance No. 1815 was
introducedat 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 Cr said
Council held August 20, 2008, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson,
Katzakian, and Mayor Mounce
NOES: COUNCIL MEMBERS— None
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS— None
I further certify that Ordinance No. 1815 was approved and signed bythe Mayorof the date
of its passage and the same has been published pursuantto law.
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