HomeMy WebLinkAboutAgenda Report - February 15, 1989 (62)C O U N C I L
TO: THE CITY COUNCIL
FROM: THE CITY MANAGER'S OFFICE
C 0 M M U N .I C'A T 1 0 N
COUNCIL MEETING DATE
FEBRUARY 15, 1989
SUBJECT: ADOPT CPDIlVANCES MAKING PROVISION FOR RATE RBTUITN IN WADER, SEWER AND
REFUSE TO CERTAIN LOW INCOME PERSONS; SErIDU WATER RATES BY ORDINANCE RATHER
THAN RESOLUTI0N; AND ADOPT BY URGENCY Lr400DIFM ORDIlVANCF, RATES FOR WATER
SERVICE PREVIOLISLY ESLABL&M BY RESOLUTION.
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.
3. introduce Ord. 1448, an urgency cncodified
ordinance adopting by reference, %hoserates and
charges for water service established in Resolution
89-02.
BACKGKOUND INF0RMATION: 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 4 ncome persons. After investigation and much 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 irrespective of age. The
attached draft is directed cnly 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 tc Chapter 13.04 of the Lodi Municipal Code, in effect
applying a 10% rate adjustment, exclusive of surcharg ;s, to the bills of all
eligible low income persons. This avoids the neves ; i ty of nodi fyi ng three
separate rate schedules each time fees or rates are adjusted.
Council Communication
Page Two
In preparing this ordinance, however, ano-cher 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 than section is rate setting for
water systems, which now must also be adopted by ordinance. In fact, Lodi
Municipal Code §13.08.010 specifies that water rates shall be adopted or
established by "resolution" of the Council. Based on the recent change in
State law, it is rDw 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, rather than
resolution. This ordinance is proposed for adoption as an urgency measure,
based on health, safety, or welfare considerations, so that the City may
comply with State law.
In summary, the ordinances attached accomplish thrEe things:
- First, i t offers a 10%reduction in rates for water, sewer, and refuse
collection services to those persons otherwise eligible for SSI or
SSP.
- Second, i t brings the City i nto compliance with State law by providing
that our water rates be set via ordinance rather than resolution, and
- Third, it adopts by reference in an urgency uncodified ordinance, those
water rates previously established by resolution.
i.
Respectfully submitted,
BOB McNATT
City Attorney
BM:VC
CCUTILIT/TXTA.OIV
z
ORDINANCE NO. 1446
AN GRDINANCE OF THE LODI CITY COUNCIL
AMENDING LODI MUNICIPAL CODE 9,13.08.010 TO REQUIRE
ADOPTION OF RATES FGR WATER SERVICE -BY ORDINANCE
IN LIEU OF RESOLUTION
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code 91:.08.010 is hereby repealed and
reenacted as follows:
SECTION 2.
13.08.010 Setting of rates.
Th^ schedule of water rates for the City shall be as
established by uncodified ordinaice of the City Council, adopted
from time to time.
44C410N .3 All ordinances and parts of ordinances in conflict
herewith are repealed insofar as such conflict nay exist.
SECTION 4. This ordinance shall be published one time in the "Lodi
News Sentine?", a daily newspaper of general circulation orinted and
published in the City of Ledi and shall be in force and take effect
thirty days from and after its passage an,,' approval.
r'
Attest:
ALICE M. REIMCHE
City Clerk
Approved/this 1st day of March, 1989
JAMES W. PINKEM
/•layor
State of California
County of San Joaquin, ss.
I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify
that Ordinance No. 11.446 was introduced at a regular meeting of the City
Council of the City of Lodi held February 15, 1989 and was thereafter
passed, adopted and ordered to print at a regular meeting of said
Council held March 1, 1989 by the following vote:
Ryes : Council Members - Hinchman, O'ison, Reid, and
Pinkerton (Mayor)
Noes : Council Members - None
Absent: Council Members - Snider
Abstain: Council Members - None
I further cert i fel that Ordinance No. 1446 was approved and signed by
the Mayor on the date c f its passage and the same has been published
pursuant to law.
ALICE M. REIMCHE
City Clerk
Approved as to Form
BOBBY W. McNATT
City Attorney