HomeMy WebLinkAboutAgenda Report - February 15, 1989 (63)C O U N C I L COMMUNICATION
TO: THE CRY COUNCIL
FROM: THE CITY MANAGERS OFFICE
CULNM MEETING DATE
FEBRUARY 15, 1989
SUBJECT: ADOPT ORDPO2 CM MAKING PROVISION FOR RATE REOiICM14 IN WATER, SEWER AND
REFLISE TO CERTAIN LOW INCOME PERSONS; SETTING WATER RATIES BY ORDINANCE RATHER
THAN RESOLUTION; AND ADOPT BY URGENCY UNCODIFIED ORDNANCE, RATES FOR WATER
SERVICE PRE O JSLY ESTABL&M BY RE90IZT110N.
PREPARED BY:
City Attorney
RECOMMENDED ACTION ---11P 1. Introduce Ord. 1445, .establishing a 10% rate
adjustment on water, sewer, and refuse collection
rates for certain low income person,.
2. Introduce Ord. 1446, requiring that water rates
be set by ordinance rather than by resolution.
3. Introduce Ord. 1448, an urgency uncodified
ordinance adopting by reference, those rates and
charges for water service established i n Resolution
89-02.
BACKGROUND Il4'0RMATION: 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 much discussion, i t
was determined that i t would be impractical to try to draft a measure which
would apply to all persons in low income status irrespective of age. The
attached draft is directed only to those persons identified as 'low income" by
the Social Security Administration, based on the criteria for eligibility for
Supplemental Securit Income ( SSI) , or State benefits under the State
Supplemental Payment 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 attached
will 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 all
eligible low income persons. This avoids the necessity of modifying three
separate rate schedules each time fees or rates are adjusted.
Council Comur,;inication
Page Tw i
In preparing this ordnance, 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
opposed to resolution. Now included in that section is rate setting for
grater s sty, which mv must also be adopted by ordinance. In fact',. Lodi
Muni cipaT__Co_de §13.08.010 specifies that taster rates shall be adopted ' or
established by "resolution" of the Council". Based on the recent change' in
State -law, it i s nova necessary that this portion of the Municipal Code be �;
amended to reflect the change..
Therefore., an ordinance is attached hereto amending this part of the Municipal
Code to require adoption of water rates by uncodified ordinance, ratherthan
resolution. This ordinance is proposed for adoption as an' urgency measure,
5ased on health; safety, or we7fare considerations, so that the. city, may
comply with State law. s
t
In summary, 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. 4
- Second, it brings the City into compliance with State law by .providing
that our water rates be set via ordinance rather than resolution, and t
- Third, it adepts by reference in an urgl:ncy uncodified ordinance,' those
water rates previously establishes; by resolution.
Respectfully submitted, '
BOB McNATT
- City Attorney
BM:vc
CMLIT/TXTA-01V
ORDINANCE NO. 1445
AN ORDINANCE OF THE LODI CITY COUNCIL
ADDING TO CHAPTER 13.04 OF THE LODI MUNICIPAL CODE
A PROVISION FOR REDUCTION IN THE CITY RATES
FOR WATER, SEWER AND REFUSE COLLECTION :!
TO CERTAIN LOW INCOME PERSONS
SFS
i.
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Chapter 13.04 i s hereby amended to
add Section 13.04.130, to read as follows:
13.04.130 tow income adjustments.
The rates for residential water, sewer and refuse
collection service as they now exist or may hereafter he modified
under this chapter, shall be reduced by ten perce*t (IO%) 1"
(exclusive of surcharges, if any) for those residential: aCcountS {
in the names of persons otherwise eligible for Supplemental
Security Income (SSI), or State Supplement Payments ('SSP), as
E -
determined by the Social Security Administration, which shall
have sole discretion in determining such eligibility. Proof of
eligibility nay be required by the City to qualify for the rate
adjustments provided herein.
SECTION 2.
This ordinance shall be applied to all billings nrie for services
rendered on or after Apri 1 1, 1989.
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SECTION 3. All ordinances and parts of ordinances in conflict
herewith are repealed insofar as s• :h conflict may exist.
SECTION 4. This ordinance shall be published one time ;n;.the "Lodi
T,bm Sentinel", a daily new,nar of aPnpral rirrirlation nrintpd and {
published in the City of Lodi and shal! be i n force and take effe6
thirty days from and after its passage and approval.,
/A.
Approved is 1st day of March,
JX IES W. PINKERTON, JR.. €<
Mayor
A ttest:
ALICE M. RZIMCHE
City Clerk
State of California
Co:inty of San Joaquin, ss.
- 1, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify
that Ordinance No. 1445 was introduced at a regular meeting of the City
Council of the City of Lodi held February 15, 1989 and was thereafter
paFsed, adopted and ordered to print at a regular meeting of said
Council 'held March 1, 1989 by the following vote:
Ayes: Council Members - Hinchman, Olson, Reid and
Finkerton (Mayor)
Noes : Council Members - None
Absent: Council Members - Snider
Abstain : Council Members - None
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ALICE M: REIMCHE`
City Clerk
Approved as to Form
}
BOBBY W . McNATT
-
x
City Attorney
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