HomeMy WebLinkAboutAgenda Report - July 20, 1983 (33)2,
COUNCIL MEETING
JULY 20, 1983
ORDINANCES Ordinance No. 1289 An Ordinance mending Section 11-3 of
the City Code of the City of Lodi, entitled "Collection
Rates for Garbage Services" was introduced for adoption.
Mr. George Bruns, Sales Manager for Central Valley Disposal,
860 East Pine Street, Lodi, addressed the Council indicating
that Sanitary City Disposal Ccrnpany had reduced fees to its
County customers. Mr. Bruns stated that it is interesting
that Sanitary City Disposal can reduce its rates in the
county and at the same time request an increase in the City
-
and asked if the City is supporting the County services.
ORD. INCREASING Ordinance No. 1289 - An Ordinance Amending Section 11-3 of
COLLECTION RATES the City Code of the City of Lodi, entitled, "Collection
FOR GAR11A(W_ Rates for Garbage Services" with an anerKtTient to Page No. 4
SERVICES of an addition of the last sentence which reads, "All of
the above rates schedules shall be effective on all bills
ORD. NO. 1289 which are prepared on or after August 1, 1983" having been
ADOP'T'ED intn
-)duced at a regular meeting of the Lodi City Council
held July 6, 1983 was brought up for passage on motion of
Council Member Pinkerton, Snider second. Second reading of
the Ordinance was cmitted after reading by title, and the
Ordinance was then adopted as amended d a
_n order -ed to print
by the following vote:
Ayes: Council Members Pinkerton, Snider, and
Olson (Mayor)
Noes: Council Members None
Absent: Council Members Murphy and Reid
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 11-3 OF THE
CITY CODE OF THE CITY OF LODI, ENTITLED
"COLLECTION RATES FOR GARBAGE SERVICES".
The City Council of the City of Lodi does ordain as
follows:
Section l.. Section 11-3 of the City Code of the City of
Lodi is hereby repealed and re-enacted to read in full as
follows:
Section 11-3. Collection Rates.
The monthly rates to be charged for garbage
collection service shall be as follows:
A. For any private dwelling house or residence, the
rate for one weekly garbage collection shall be:
(1) For the first container of thirty gallons or
less and not to exceed sixty pounds, Four Dollars
and Forty Five Cents ($4.45)
(2) For each additional container of thirty
gallons or less and not to exceed sixty pounds,
Two Dollars and Fifteen Cents ($2.15)
B. Owners of flats, apartments or the tenants or
lessees thereof shall pay an amount equal to Four
Dollars and Forty Five Cents ($4.45) times the
number of apartment units owned or occupied.
C. For owners or tenants of business houses, the
monthly r;,tes shall be:
(I) Class A Commercial Collection service which
exceeds the capacity of one 6 cubic yard
container:
16 yds. to 40 yds. $3.50 per yard
Compacted Loads: Rate $5.90 per yard
(II) Class B Commercial Collection service when
requires either daily or weekly and the waste can
be accommodated by a one to 6 cubic yard
container service, the monthly rates shall be:
WEEKLY SERVICE
NO. OF
YDS. CONTAINERS 1 2 3 4 5 6
1
$39.84
$60.73
$ 81.59
$104.34
$125.60
1 2
51.25
83.50
115.75
150.70
183.53
3
62.62
106.26
149.93
197.08
241.51
1 51.25 83.50 115.75 150.70 13`3.59 216.41
2 2 74.02 129.04 184.07 243.43 299.48 355.51
3 76.78 174.58 252.37 336.19 415.41 494.61
i
1 62.62 106.26 149.93 197.08 241.51 285.96
3 2 96.78 174.58 252.37 336.19 415.41 494.61
# 3 130.94 242.92 354.87 475.28 589.30 703..30
-2-
i
III. Class C Commercial Collection service when required
either daily or weekly and the waste can be accommodated
by one to six - thirty gallon cans not exceeding sixty
pounds per can. The monthly rates shall be:
IsM
3
Is
5 6
1 $ 6.24
$12.01
$17.79
$23.57
$41.24
$49.3E
2 10.25
20.02
41.87
55.62
69.38
83.1
3 14.22
39.38
58.73
78.11
97.49
116.8°
4 21.36
59.37
88.72
118.10
144.94
176.84
5 39.96
79.34
118.72
158.09
197.46
236.81
6 49.98
99.34
148.72
198.08
247.87
296.81
All of the above rate schedules shall be effective
on all bills which are prepared on or after August 1, 1983.
-4-
O
F q -1 (10
E
ORDINANCE NO. 1289
E
AN ORDINANCE AMENDING SECTION 11-3 OF THE
CITY CODE OF THE CITY OF LODI, ENTITLED
"COLLECTION RATES FOR GARBAGE SERVICES".
The City Council of the City of Lodi does ordain as
follows:
Section 1.
Section 11-3 of the City Code of the City of
Lodi is hereby repealed and re-enacted to read in full as
follows:
Section 11-3. Collection Rates.
The monthly rates to be charged for garbage
r.
collection service shall be as follows:
A. For any private dwelling house or residence, the
rate for one weekly garbage collection shall be:
(1) For the first container of thirty gallons or
less and not to exceed sixty pounds, Four Dollars
and Forty Five Cents ($4.45)
(2) For each additional container of thirty
gallons or less and not to exceed sixty pounds,
Two Dollars and Fifteen Cents ($2.15)
B. Owners of flats, apartments or_ the tenants=or
4
lessees thereof shall pay an amount. equal. -Pbur
,.,to
Dollars and Forty Five Cents ($4.4S) times the:
.:
number of apartment units owned or occupied.
C. For owners or tenants of business houses, :.the,
monthly rates shall be:
1
i n
;`i .
(I) Class A Commercial Collection service which
exceeds the capacity of one 6 cubic yard
` container:
16 yds. to 40 yds. $3.50 per ye. -d
Compacted Loads: Rate $5.90 per yard
(II) Class 8 Commercial Collection service when
requires either daily or weekly and the waste can
be accommodated by a one to 6 cubic yard
container service, the monthly rates shall be:
WEEKLY SERVICE
NO uF
-2-
YDS.
CONTAINERS
1
2
3
4
5
6
]<
$39.84
$60.73
81.59
$104.34
$125.60
$146082
1
2
51.25
83.50
115.75
150.70
183.53
216.41
. 1
3
62.62
106.26
149.93
197.08
241..51
285.96
216041...
1
51.25
83.50
115.75
150.70
183.59
2
2
74.02
129.04
184.07
243.43
299.4`8
355.511-
55.513
3
76.78
174.58
252.37
336.19
4.415.41
49461-
285.96"
1
62.62
106.26
149.93
197.08
241.51
3
2
96.78
174.58
252.37
336.19
415.41
494.61
3
130.94
242.92
354.87
475.28
589.30
703.30'.
-2-
NO. OF
SIDS . CONTAINERS
1
2
3
4
5
6
1
86.77
151.29
215.82
285.43
351.12
416.83
4 2
137.19
258.08
376.01
502.90
622.97
743.02
3
193.56
364.88
536.18
720.36
874.80
1069.24
4
246.95
1
.00.11
177.99
255.86
339.80
419.09
498.37
5 2
16%e,86
311.48
456.10
611.63
758.57
906.14
3
233.61
444.97
656.35
883.47
1098.68
1313.87
4
1721.64
1
113.47
204.69
295.90
394.17
487.13
579.90
6 2
193.56
364.88
536.18
720.36
894.80
1069.24
3
273.66
525.08
776.48
1046.58
1302.55
1558.55
III. Class C
Commercial Collection
service when required
either daily
or weekly.
and the
waste can
be accommodated
by one to six
- thirty
gallon
cans not exceeding sixty
pounds per can.
The monthly rates
shall
be:
-3-
NO.
OF
I CONTAINERS 1
2
3
4
5
6
1
$ 6.24
$12.01
$17.79
$23.57
$41.24
$49.36
2
10.25
20.02
41.87
55.62
69.38
83.12
3
14.22
39.38
58.73
78.11
97.49
1-16.85
4
21.36
59.37
88.72
118.10
144.94
176.84
5
39.96
79.34
118.72
158.09
197.46
236.81
6
49.98
99.34
148.72
198.08
247.87
296.81
circulation printed and published in the City of Lodi and shall
be in force and take effect thirty days from and after its
passage and approval.
Approved this 20th day of July, 1983
Mayor
Attest:
Alice M. Rei the
City Clerk
State of California
County of San Joaquin, ss.
I, Alice N. Reimche, City Clerk of the City of Lodi, do
hereby certify that Ordinaace No. 1289 was introduced at
a regular meeting of the City Council of the City of Lodi
-5-
held July 6, 1983 and was thereafter passed, adopted and
ordered to print at a regular meeting of said Council held
July 20, 1983 by the following vote:
Ayes: Council Members - Pinkerton, Snider 6 Olson (Mayor)
Noes: Council Members - None
Absent: Council Members - Murphy & Reid
Abstain: Council Members - None
I further certify- that Ordinance No. 1289 was approved and
signed by the Mayor on the date of its passage and the same
has been published pursuant to law.
Alice M. Reimche
City Clerk
Approved as to form
Ronald M. Stein
City Attorney
-6-
3
Q)
ORDINANCE NO. 1289
AN ORDINANCE AMENDING SECTION 11-3 OF THE
CITY CODE OF THE CITY OF LODI, ENTITLED
"COLLECTION RATES FOR GARBAGE SERVICES".
The City Council of the City of Lodi does ordain as
follows:
Section 1. Section 11-3 of the City Code of the City of
Lodi is hereby repealed and re-enacted to read in full as
follows:
Section 11-3. Collection Rates.
The monthly rates to be charged for garbage
collection service shall be as follows:
A. For any private dwelling house or residence, the
rate for one weekly garbage collection shall be:
(1) For the first container of thirty gallons or
less and not to exceed sixty pounds, Four Dollars
and Forty Five Cents ($4.45)
(2) For each additional container of thirty
gallons or less and not to exceed sixty pounds,
Two Dollars and Fifteen Cents ($2.15)
B. Owners of flats, apartments or the tenants or
lessees thereof shall pay an amount equal to Four
Dollars and Forty Five Cents ($4.45) times the
number of apartment units owned or occupied.
C. For owners or tenants of business houses, the
monthly rates shall be:
-1-
(I) Class A Commercial Collection service which
exceeds the capacity of one 6 cubic yard
container:
16 yds. to 40 yds. $3.50 per yard
Compacted Loads: Rate $5.90 per yard
(II) Class B Commercial Collection service when
requires either daily or weekly and the waste can
be accommodated by a one to 6 cubic yard
-2-
container
service,
the monthly
rates
shall be:
WEEKLY
SERVICE
NO. OF
YDS.
CONTAINERS
1
2
3
4
5
6
1
$39.84
$60.73
$ 81.59
$104.34
$125.60
$146.82
1
2
51.25
83.50
115.75
150.70
183.53
216.41
3
62.62
106.26
149.93
197.08
241.51
285.96
216.41
1
51.25
83.50
115.75
150.70
183.59
2
2
74.02
129.04
184.07
243.43
299.48
355.51
3
76.78
174.58
252.37
336.19
415.41
494.61
285.96
1
62.62
106.26
149.93
197.08
241.51
3
2
96.78
174.58
252.37
336.19
415.41
494.61
3
130.94
242.92
354.87
475.28
589.30
703.30
-2-
NO. OF
CONTAINERS
1
$ 6.24
2
10.25
3
14.22
4
21.36
5
39.96
6
45.98
79.34
�A
3 4
$12.01
$17.79
$23.57
20.02
41.87
55.62
39.38
58.73
78.11
59.37
88.72
118.10
79.34
118.72
158.09
99.34
148.72
19808
5 6
$41.24
$49.36
69.38
83.12
97.49
116.85
144.94
176.84
197.46
236.81
247.87
296.81
All of the above rate schedules shall be effective
on all bills which are prepared on or after August 1, 1983.
Section 2. All ordinances and parts of ordinances in
conflict herewith are repealed insofar as such conflict may exist.
Section 3. This ordinance shall be published one time
in the "Lodi News Sentinel", a daily newspaper of general
-4-
circulation printed and published : the City of Lodi and shall
be in force and take effect thirty days from and after its
passage and approval.
Attest:
Approved this 20th day of July, 1983
Mayor
Alice M. Reimche
I, Alice M. Reimche, City Clerk of the City of Lodi, do
hereby certify that Ordinance No. 1289 was introduced at
a regular meeting of the City Council of the City of Lodi
-5-
rr -
0
held July 6, 1983 and was thereafter passed, adopted and
ordered to print at a regular meeting of said Council held
July 20, 1983 by the following vote:
Ayes: Council Members - Pinkerton, Snider & Olson (Mayor)
Noes: Council Members - None
Absent: Council Members - Murphy & Reid
Abstain: Council Members - None
I further certify that Ordinance No. 1289 was approved and
signed by the Mayor on the date of its passage and the same
has been published pursuant tc law.
Approved as to form
Ronald M. Stein
City Attorney
Alice M. Reimche
City Clerk
-6-
ALBERT SIA NCHI
W CONRAD HOSnINS
--C--EL T STONE
JAI L -'AXION
W GREGORr ENGEL
51A11000 W nFEG.N
?-C...AS M SHCRWOOD
MIC—FL I BURTON
SJSAti LANDON MARS
'ARJL L NOOOWARD
UAvIU E SIUMBOS
MARGARET G FAWCETT
E
LAW OFFICES OF
BIANCHI, HOSKINS, :rAN IRA NcISCO LII
STONE, PAXTON b ENGEI, S.""'
d • � 1 : • -• � r � � c� s+••r Loo n
COURT -OUSE SOUARE• SUITE 6 O `� ""'� ��A.+ 4-"N�C.a6o.�cAt.•oAN..� a++o+
1000 FOU RTI --I STREET T[LE� ONE I+ISI �T�-•�00
)1'
(
-T c�st.![rAoor+ESS- ft—SF
SAN RAFAEL• CALIFORNIA 94901 )1' y -h
TELE -01C I+ISI 4Sr5-6OZO r� •i 1. }ti� oI covNscL
•{C/4•�IAM F .A ATOZ\ N
�:! •'I �' ! O�.NICL L S.MMONS
Lodi City Council
Loci City Hall
221 West Pine Street
Lodi, California 95240
March 25, 1983
Re: Garbage Service
Honorable Mayor and Members of the City Council:
This office has been retained to represent Central Valley
Disposal Service in connection with its operations in Lodi.
It is -my understanding that the City Council is considering
the possibility of enforcing, adopting or amending ordinances
which would have the effect of excluding my client from
competing for factory and industrial waste and refuse collec-
tion within the City of Lodi. Such action would violate the
law and would constitute an unlawful interference with the
present and prospective contract rights of my client.
The principles behind all cases of interference with contract
rights are that one has the right to pursue his contractual
relations and employ the agencies necessary and usual in the
conduct thereof, free from the interference of others, and
that no person has the right to interfere in the valid
contract relations of another. (Imperial Ice Co.vs. Rossier
(1941) 18 Cal.2d 33; Scott vs. McDonnell Douglas Corp.
(1974) 37 Cal.App.3d 277.) Even where the contract is
terminable at will, intentional and unjustifiable interfer-
ence therewith is actionable. (Skelly vs. Richman (1970)
10 Cal.App.3d 814; Mallard vs. Boring (1960) 182 Cal.App.2d
390; Freed vs. Manchester Service, Inc. (1958) 165 Cal.App.2d
186.)
Actionable interference with a contractual relationship is
not limited to inducing the breach of an existing contract,
but may consist also of the inducing of a third person not
t'; enter into a contractual relationship with another.
(Masoni vs. Board of Trade (1953) 119 Cal.App.2d 738; Baker
vs. Kale 1947) 83 Cal.App.2d 89.) Suits based on interfer-
ence with economic advantages which are merely prospective
Ah
BIANCHI, HOSKINS,
STONE, PAXTON b ENGEL
Lodi City Council
March 25, 1983
Page Two
Ll
are governed by the same rules as are applicable to interfer-
ence with an existing contract. (Gold vs. Los Angeles
Democratic League (1975) 49 Cai.App.3d 365.)
Please be assured that my client is not anxious to become
involved in litigation with the City of Lodi or anyone else.
Nevertheless, the fact is that the legal rights of Central
Valley Disposal Service are in jeopardy here, and it is our
intention to do what we can to protect them. I am sure that
you share this view, and, for that reason, I trust that
nothing will be done ;which will infrince upon those rights.
We would appreciate meeting with the City Manager and/or a
committee of the City Council in the very near future for
the purpose of defining specifically what businesses are not
included in the exclusive franchise granted by the City of
Lodi to another company, so that Central may proceed with.
its proper activities without further interference. I will
call the City Manager about this in a few days.
Thank you for your consideration of this matter.
Respectfully,
Albert Bianchi
AB/dln
cc: Central Valley Disposal Service