HomeMy WebLinkAboutOrdinances - No. 1558c .. -
ORDINANCE NO. 1558 __________________ ___________------_
AN UNCODIFIED URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LODI AMENDING LODI MUNICIPAL CODE CHPSTER 13.16
RELATING TO RESIDENTIAL SOLID WASTE COLLECTION MONTHLY RATES
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1. Lcdi Municipal Code Chapter 13.16 - SOLID WASTE - as it
relates to residential solid waste collection monthly rates is hereby
amended to read as follows:
Monthly rates.
A. The monthly rates to be charged for garbage collection service
shall be as follows:
1. For any private dwelling house or residence, the rate for one
weekly garbage collection shall be:
a. For the first waste cart provided by the contractor of
thirty-eight gallons and not to exceed sixty pounds, twelve
dollars and eighty three cents ($12.83) ;
b. For two waste carts provided by the contractor of
thirty-eight gallons and not to exceed sixty pounds each, thirty
two dollars and eight cents ($32.08);
C. For three waste carts provided by the contractor of
thirty-eight gallons and not to exceed sixty pounds each, fifty
one dollars and thirty-two cents ($51.32).
2. Owners or occupants of flats, apartments, mobile home spaces
or the tenants or lessees thereof shall pay an amount equal to twelve
dollars and eighty-three cents ($12.83) times the number of apartment
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units or mobile home spaces owned. Bin service requested shall be
charged according to the Commercial Rate structure, but in no event
shall the City bill the tenants more than the single cart rate.
3. For any residence requesting "backyard service" for the
collection of their waste cart(s), there shall be an additional rate of
ten dollars ($10.00) per month, unless the residence is granted an
exemption from the rate by the Citizen's Advisory Board.
4. For any residence requesting a commingled recyclables cart(s)
and/or a yard/garden waste cart(s), sufficient to meet its waste
diversion needs, there shall be no additional charge.
B. All of the rate schedules set forth in this section shall be
effective on all bills which are prepared on or after November 1, 1992.
The above rates reflect the first in a series of rate
adjustments. A second adjustment may be effective on all bills which
are prepared on or after April 1, 1993.
SECTION 2. All ordinances and parts of ordinances in conflict
herewith are repealed insofar a8 such conflict may exist.
SECTION 3. This is an urgency ordinance under Government Code
Section 36934, and is based on health, safety and welfare
considerations arising from the need to collect appropriate fees for
waste removal.
SECTION 4. This urgency ordinance shall be published one time in the
"Lodi News Sentinel", a daily newspaper of general circulation printed
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and published in the City of Lodi and shall be in force and take effect
inmediately
I I,
W. PINKERTON, JR. P,
MAYOR
Attest:
City Clerk
State of California
County of San Joaquin, 66
I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify
that Ordinance No. 1558 was adopted as an urgency ordinance at a
regular meeting of the City Council of the City of Lodi held October
21, 1992, and was thereafter passed, adopted and ordered to print by
the following vote:
Ayes: Council Members - Hinchman, Pennino, Snider and
Pinkerton (Mayor)
Noes: Council Members - Sieglock
Absent : Council Members - None
Abstain: Council Members - None
I further certify that Ordinance No. 1558 was approved and signed by
the Mayor on the date of its passage and the same has been published
pursuant to law.
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ALICE M. REIMCHE
City Clerk
LL---
Approved as to Form i^3 PoLQc@L L
BOBBY W. MCNATT
City Attorney
ORDl558/TXTA.O2J
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Continued Decembe
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completed in substantial conformance with the plans and
specifications approved by the City Council.
The contract completion date was November 24, 1992, and the
actual completion date was November 13, 1992. The final
contract price was $6,781.37. The difference between the
contract amount and the final contract price is mainly due
to minor differences between the bid item quantities and
the actual construction quantities.
ACCEPTANCE OF IMPROVEMENTS UNDER L7WE
LINE PAINTING, VARIOUS STREETS, 1992
cc-90 The City Council accepted the improvements for "Lane Line
Painting, various City Streets, 1992" and directed the
Public Works Director to file a Notice of Completion with
the County Recorder's Office.
The contract was awarded to Traffic Limited, Lodi on
October 21, 1992, in the amount of $18,788.34. The
contract has been completed in substantial conformance with
the specifications approved by the City Council on
September 16, 1992.
The contract completion date was November 30, 1992.
FINDINGS FOR EXEMPTION UNDER PUBLIC
RESOURCES CODR
CC-6
CC-22 (b)
CC-56
The City Council was advised that on October 21, 1992, the
City Council adopted rates for residential and commercial
solid waste collection in the City of Lodi. It has been
called to staff's attention that findings should have been
included in the record of this proceeding claiming an
exemption under Section 21080(b) of the Public Resources
Code. Section 21080(a) indicates that preparation of
environmental impact reports apply to discretionary
projects proposed to be carried out or approved by public
agencies. Section 21080(b) states, "This division shall
not apply to the following: (8) The establishment,
modification, structuring, restructuring, or approval of
rates, tolls, fares, or other charges by public agencies . .. To claim this exemption, the City has prepared
findings stating the basis for the claim.
(This agenda item was removed from the Consent Calendar and
discussed and acted upon another segment of the agenda.)
Following discussion on motion of Council Member Snider,
Mann second, the City Council adopted the following
findings to be incorporated in the record of proceedings at
its October 21, 1992 meeting:
7
Continued
. ..
The City Council of the City of Lodi hereby finds and
declares pursuant to Public Resources Code Section 21080
that the refuse collection rates established in Ordinances
1558 and 1559 are necessary and reasonable for the usual
operating expenses of the Franchisee, including employee
wages and benefits and for the purpose of purchasing
facilities, equipment, and materials necessary to implement
and carry out a Council-mandated recycling program.
Mayor Pro Tempore Sieglock asked that the record sbw that
he was not compromising his position as reflected on his
vote on the adoption of Ordinance No. 1558 and 1559 in
voting in favor of this matter.
RESOLUTION AMENDING REORGANIZATION
(TOWNE RANCH, ROBERT BATCH AND CENTURY
MEADOWS) INDICATING THAT THE CITY OF
LODI DOES NOT SUCCEED TO THE WILLIAMSON
ACT CONTRACT ADOPTED
RESOLUTION NO. 92-192
RESOLUTION NOS. 91-207, 92-16 and 92-54
CC-6
CC-8 (a)
CC-300
The City Council was advised that at the time the present
or past owners of the Towne Ranch, Robert Batch and Century
Meadows Unit No. 3 projects applied for a Williamson Act
contract with San Joaquin County, the City of Lodi
protested the contract. By protesting the contract, it
becomes cancelled upon annexation and the property owner
pays no penalties.
A Williamson Act contract affords the agricultural property
owner a property tax savings on the agricultural portion of
the property. The contract is for ten years
self-renews annually until the owner indicates he does
wish to renew. If the contract is cancelled during
life, the property owner must pay penalties.
Although the City's protests of the contracts are
record, two title companies feel our Resolution
Reorganization (i.e. annexation) should indicate that
City does not succeed to the Williamson Act contract.
It should be noted that Jerry Scott, Executive Officer,
Joaquin Local Agency Formation Commission, indicates that
the County Assessor has already cancelled the contract in
conformance with law.
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(This item was removed from the Consent Calendar and
discussed and acted upon under another segment of the
agenda. )
On motion of Council Member Davenport, Sieglock second, the
City Council adopted Resolution No. 92-192 entitled, "A