HomeMy WebLinkAboutAgenda Report - February 15, 1989 (75)a
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C 0 U N C I 1. C O M M U N I C A T I O N
TO: THE CITY CCLNCL
FROM: THE CITY MANAGER'S OFFICE
COUNCIL NEEM DATE
FEBRUARY 15, 1989
SLBECE ADOPT CFaSWqJS MaIq�G PROVICI FOR RATE RH JCMI; IN WATER, SEWER AND
REFUSE TO CERTAN LOW INCOME PERSONS; SETENG WATER RATES BY CINE RATHER
THAN RESOLUTION; AND ADOPT BY URGENCY UIVOODI ORDINANCE, RATES FOR WATER
SERVICE PREVIOUSLY ESTABLISHED BY RE50LI_TMN
PREPARED BY: City Attorney
RECOMMENDED ACTION: 1. Introduce Ord. 1445, establishing a 10% rate
adjustment on water, sewer, and refuse collection
rates for certain low income persons.
2. Introduce Ord. 1446, requiring that water rates
be set by ordinance rather than by resolution.
----4► 3. Introduce Ord. 1448, an urgency uncodified
ordinance adopting by reference, those rates and
cnarges for water service established in Resolution
89-02.
BACKGROUND INFORMATION: In response to concerns expressed by members of the
public in connection with a recent adjustment of
water rates, the Council has directed that an
ordinance be prepared for consideration, making provision for a rate reduction
for certain low income persons. After investigation and nirb discussion, it
was determined that it would be impractical to try to draft a measure which
would apply to all persons in low income status irrespectiveof age. The
attached draftis directed only to those persons identifsesi_.as ! low i.rLc.ome"__-by— ____
the Social Security Administration, based on the criteria for eligibility for
Supplemental Security Income (SSI), or State benefits under the State
Supplemental Paym -nt (SSP) program.
In lieu of trying to modify the three separate statutes setting rates for
water, sewer, and refuse collection, the Council recommendation that it all be
done with a single ordinance proved most workable. The ordinance ; `tached
wi i 1 add a section to Chapter 13.04 of the Lodi Municipal Code, in effect
applying a 10% rate adjustment, exclusive of surcharges, to the bills of a l l
eligible lav income persons. This avcids the necessity cf modifying three
separate rate schedules each time fees or rates are adjusted.
Council Communication
Page Tvw
In preparing this ordinance, however, another problem was discovered. Recent
State legislation has modified Health and Safety Code §5471 which previously
required that sewage and solid waste disposal rates be set by ordinance as
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opposed to resolution. Now included in that section is rate setting for
Wi-t6y g gt —ffl§, which now must also be adopted by ordinance. In fact, L(d i
Municipal Code §13.08.010 specifies that water rates shall be adopted or.
established by "resolution" of the Council. Based on the recent changee i j`
State law, it is now necessary that this portion of the Municipal rndQ be
amended to reflect the change. s
Therefore, an ordinance is attached hereto amending this part of the, Municipal y
Code to require adoption of water rates by uncodified ordinance,'rather
resolution. This ordinance is proposed for adoption as an urgency measures,
based on health, safety, or welfare considerations, so that the City may _
comply with State law.
In summar , the ordinances attached accomplish three things:
First, it offers a 10%reduction in rates for water, sewer, and refuse
collection services to those persons otherwise eligible for SSI ,or
SSP.
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Second, it brings the City into compliance with State law by proyj4jng
that our water rates be set via Ordinance rather than resolution,, and
Y X -t
Third, it adopts by reference i n an urgency uncodified ordinance,, those
water rates previously established by resolution.
Respectfully submitted,
BOB McNATT
City Attorney
BM:vc
CCUTILIT/TXTA.01V
9'
t . .
In preparing this ordinance, however, another problem was discovered. Recent
State legislation has modified Health and Safety Code §5471 which previously
required that sewage and solid waste disposal rates be set by ordinance as
j .
opposed to resolution. Now included in that section is rate setting for
Wi-t6y g gt —ffl§, which now must also be adopted by ordinance. In fact, L(d i
Municipal Code §13.08.010 specifies that water rates shall be adopted or.
established by "resolution" of the Council. Based on the recent changee i j`
State law, it is now necessary that this portion of the Municipal rndQ be
amended to reflect the change. s
Therefore, an ordinance is attached hereto amending this part of the, Municipal y
Code to require adoption of water rates by uncodified ordinance,'rather
resolution. This ordinance is proposed for adoption as an urgency measures,
based on health, safety, or welfare considerations, so that the City may _
comply with State law.
In summar , the ordinances attached accomplish three things:
First, it offers a 10%reduction in rates for water, sewer, and refuse
collection services to those persons otherwise eligible for SSI ,or
SSP.
a'
Second, it brings the City into compliance with State law by proyj4jng
that our water rates be set via Ordinance rather than resolution,, and
Y X -t
Third, it adopts by reference i n an urgency uncodified ordinance,, those
water rates previously established by resolution.
Respectfully submitted,
BOB McNATT
City Attorney
BM:vc
CCUTILIT/TXTA.01V
ORDINANCE NO. 1448
AN URGENCY UNCODIFIED ORDINANCE OF THE LODI CITY COUNCIL i
ADOPTING BY REFERENCE THOSE RATES AND CHARGES FOR WATER SERVICE
ESTABLISHED IN RESOLUTION 89-02
WHEREAS, the City of Lodi has heretofore adopted by resolution all
rates and charges for water service; and (.
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WHEREAS, under Senate B i 11 2263, as f i l e d August 29, 1.988, Health and
f
Safety Code §5471 was modified to include "water systems" i n those
municipal functions which are subject to setting of rates and charges ;
by ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1.
Those rates and charges for water service i n the City of Lodi,
heretofore adopted by the City Council i n Resolution 89-02
(attached), are incorporated by reference and adopted as if fully set
forth herein.
SECTION 2.
The Council finds that based on public health and welfare
interests i n he water system, this i s an urgency measure, adopted by
four-fifths (4/5) vote of the City council, and shall become effective
immediately upon passage.
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SE&REW 3. All ordinances and parts of ordinances in conflict
herewith are repealed insofar as such conflict may exist.
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SBCIM 4. This urgency 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
imliadiate1y • =}
Mayor
Attest:
A �-
ALICE M. REIMCHE
City Clerk
this 15th day of F
State of California
County of San Joaquin, ss.
I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby cert{ fly
that Ordinance No. 1448 was adopted as an urgency ordinance a t a
regular meeting of the City Council of the City of Lodi held February
Ml'low ngandt� thereafter passed, adopted and ordered to print by the
Ayes :
Council
Members
- Hinchman, Olson, Reid and
Pinkerton (Mayor)
Noes :
Council
Members
- None
Absent :
Council
Members
- Snider
Abstain:
Council
Members
- None
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