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HomeMy Public PortalAboutOrd. 1577ORDINANCE NO. 1577 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD MAKING CERTAIN FINDINGS CONCERNING THE HEALTH AND WELFARE OF THE RESIDENTS OF THE CITY OF LYNWOOD, THE MAINTENANCE OF A CLEAN ENVIRONMENT FREE OF TRASH AND REFUSE DISCARDED IN PUBLIC PLACES, ENHANCING THE REFUSE COLLECTION SERVICES FOR.SAID PUBLIC PLACES, AND APPROVING THE ESTABLISHMENT OF A COMPLEMENTARY STREET SWEEPING AND LIVABLE ENVIRONMENT SERVICE FEE FOR RESIDENTIAL AND COMMERCIAL REFUSE BY ADDING A SUBSECTION 9 -1.30 TO THE LYNWOOD CITY CODE WHEREAS, the City of Lynwood is a general law city under California law with a recognized mandate to preserve, protect and enhance the general health and welfare of its residents; and WHEREAS, as part of its efforts to insure that the City provides a healthy livable environment, the City Council ( "Council ") has adopted an exclusive franchise agreement to grant a franchisee the right to perform certain responsibilities with regard to refuse collection efforts in the City; and WHEREAS, refuse collection services are currently provided by the franchisee to residential and commercial clients (all such services referred to as "Level 1 Services ") and are billed directly to the commercial clients by the franchisee and through the City to the residential clients; and WHEREAS, a review of the efforts of the franchisee indicates that the scope of refuse collection activity in the City still leaves a number of conditions that require a prompt municipal response to control, account for and collect additional refuse that is not part of the refuse stream handled by the franchisee under the provisions of the franchise agreement; and WHEREAS, the conditions in the City that require additional efforts ( "Level 2 Services ") on the part of the City beyond the Level 1 Services include, refuse throughout the City that is not gathered as part of the Level 1 Services, refuse that is generated by residents and businesses alike, refuse that is abandoned in public rights of way such as alleys and bus stops by indeterminate parties including residents (all such material referred to as the "Secondary Refuse Stream "); and WHEREAS, in addition to the health concerns outlined below the City is under a mandate pursuant to the provisions of AB 939 to institute a diversion program that will meet specific statutorily mandated reduction targets, and the failure to meet said targets will result in substantial fines; and WHEREAS, the City complements the Level 1 Services with Level 2 Services to collect, account for, recycle as appropriate, and, generally, dispose of the Secondary Refuse Stream, and collects a fee (the "Level 2 Services Fee ") for the Level 2 Services that is inadequate to meet the cost of providing Level 2 Services; and WHEREAS, the costs associated with maintaining Level 2 Services and the collection, processing, recycling and ultimate disposal of the Secondary Refuse Stream results and generates expenses that might otherwise constitute environmental mitigation charges not associated with property ownership by the beneficiaries of the effort, but nonetheless impose an obligation that, if not properly funded, may risk noncompliance with applicable laws including AB 939 and the imposition of fines associated with violation of said statute; and WHEREAS, it has been well established by health authorities and it is generally accepted by health professionals that the materials that constitute the Secondary Refuse Stream are a breeding ground for harmful emissions, harmful organisms, and potentially contagious diseases (all jointly referred to as the "Health Threats "); and WHEREAS, residents of the City, particularly children are exposed, to the Secondary Refuse Stream and the Health Threats creating serious health risks to all residents; and WHEREAS, Council recognizes that its efforts to maintain a clean livable environment for all residents shall fall short of the municipal objectives in light of the conditions described above unless new revenue is secured to fund the activities listed above not covered by the Level 2 Services Fee revenues; and WHEREAS, to promote the safety, health and quiet enjoyment of the City's residents, the Council finds it necessary provide services (the "Livable Environment Services" or " LE Services ") for the sweeping of streets and the cleanup of public thoroughfares including, among other places, alleys and bus stops, to collect all refuse in a timely manner and eliminate conditions conducive to the gathering of such refuse; and WHEREAS, the Council wishes to secure the funding for the efforts necessary to remove the Secondary Refuse Stream and associated Health Threats by establishing a fee to be paid by individuals and entities present in the City and responsible for the generation of the Secondary Refuse Stream, and not associate the said fee with the ownership of property in the City; and WHEREAS, the Council also finds and determines that the fees permitted by this Ordinance, as the same may be established and subsequently amended by resolution pursuant to the provisions of this Ordinance, are for the purpose of maintaining and continuing the provision of critical refuse collection services and specifically finds that the fees permitted pursuant to this Ordinance are for the following purposes: (a) meeting operating expenses, including employee wages, fringe benefits, and, where appropriate, contractor rates if such services are called upon by the City for the specifically delineated purposes of this Ordinance; (b) purchasing or leasing supplies, equipment or materials; (c) meeting financial reserve needs and requirements; and (d) obtaining funds for capital projects necessary to maintain service in the manner called for by this Ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS: Section 1. The above recitals and findings are hereby incorporated as though set out in full hereat. Section 2. That the Lynwood Municipal Code be hereby amended in the manner set forth below to address matter of great concern involving the health and welfare of the residents of Lynwood. Section 3. That a new Subsection 9 -1.30 of Chapter 9 be added to Code of the City of Lynwood which Subsection shall read as follows: SUBSECTION 9 -1.30 DISPOSAL OF REFUSE FROM SECONDARY REFUSE STREAMS, AMELIORATION OF HEALTH THREATS ASSOCIATED THEREWITH AND COST RECOVERY THEREFOR 9- 1.30.1 Intent and Purpose. The intent and purpose of this Subsection is to establish an essential service for the residents of the City of Lynwood, establish the means by which a fee to cover the costs associated with the providing of said service may be charged and institute the means for future adjustments to said fee. The purpose of this Subsection is to advance and improve the public health and welfare of the residents of the City of Lynwood in the manner provided herein. More specifically, the purpose of this Subsection is to promote the public peace, health, safety, and general welfare by establishing a service for the refuse collection in the City complementary to the service presently provided to businesses and residents so as to protect against the dangers of unattended refuse that can become a breeding ground for infestation and infection, and can create unsightly and potentially dangerous conditions in public rights of way. The service established shall also promote the health, safety, welfare and quality of life of residents by preventing the interference with the use of public property for its intended purpose; by preventing restricted access to the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or locations used for transportation purposes; by preventing neglectful conditions resulting in visual blight on public rights -of -way and other public property and detracting from the aesthetics of the City, adjacent landscaping and other improvements; by preventing the reduction in value of surrounding property; by preventing the unnecessary exposure of the City to personal injury or property damage claims or suits; and regulating public exposure to potentially harmful or injury- causing materials that otherwise belong in the refuse stream generated in the City. The City Council finds and determines that, based on the recitals and findings accompanying this Ordinance, the public health and welfare of the residents require adoption of this Subsection. It is not the intent of this Subsection to in any way discriminate against or interfere with Level 1 Services as provided currently by the City's franchisee. 9- 1.30.2 Definitions. For the purpose of this Subsection the words below shall have the following meanings "Health 'Threats" means the potential for the Secondary Refuse Stream serving as a breeding ground for harmful emissions, harmful organism, and potentially contagious diseases and transmission of such diseases or organisms. "Level 1 Services" means the level of services provided presently by the City's franchisee for the removal of rubbish from the commercial and residential customers of the franchisee in the City. "Level 1 Services Fees" means the fees charged to residential and commercial clients for Level 1 Services provided by the franchisee in the City. "Level 2 Services" means the services currently provided by the City as street sweeping services. "Level 2 Services Fees" means the fees charged to residential and commercial clients for Level 2 Services provided by the City or any party or entity retained by it to provide Level 2 Services. "Livable Environment Services" or "LE Services" means the sweeping of streets and removal of refuse by any means including the use of sweepers and other means of collection of Secondary Refuse Stream materials, and the removal of or treatment of conditions conducive to presence of such materials. As used herein, Level 2 Services constitute a part of the LE Services. "Parkway" means that area between the sidewalk and the curb of any street; and where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. Parkway also includes any area within a roadway that is not open to vehicular travel. "Person" means any individual, company, corporation, association, business or other legal entity. "Public property" means parks, squares, plazas and any and all other real property owned by the City. "Right -of -way" means land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for and dedicated to the general public for a street, highway, alley, pedestrian walkway, storm drainage, bicycle path or other purposes. "Roadway" means that portion of a street improved, designed or ordinarily used for vehicular travel. "Secondary Refuse Stream" means any refuse that is generated by the public including residents and business alike, and that is found in the Right of Way, Parkway, Public Property or Roadway. "Sidewalk" means any surface provided for the exclusive use of pedestrians. "Street" means all that area dedicated to public use for public street purposes, including but not limited to, roadways, parkways, alleys and sidewalks. 9- 1.30.3 Establishment of Fee. a. The City shall impose a fee to cover all costs associated with fully funding LE Services (the "LE Services Fee "). The LE Services Fee shall not be conditioned on ownership of property but, instead, shall paid by all Persons who are subject to the payment of the Rubbish Service Charges set forth in Subsections 9 -1.1 to 9 -1.20 of this Code regardless of whether such Persons make payment of such Rubbish Service Charges directly to the City or to City's exclusive franchisee. b. The LE Services Fee shall be established by a fee analysis and study and shall be set annually by resolution of the City Council. If at any time Council does not fix said fee for the coming year, the preceding year's fee shall continue to be collected until such a time as Council adopts a resolution fixing a new fee amount. C. The total amount of the LE Services Fee shall consist of the total funding required by the City to provide the LE Services less the sums charged for Level 2 Services. The fee to be paid by each Person shall be the product of the total amount of the LE Services Fee less the sums charged for Level 2 Services, multiplied by a fraction whose numerator is the amount charged to that that Person for Level 1 Services or Rubbish Service Charges (whether the amount is charged by the City or by the City's Franchisee), and whose denominator is the total sum of Level 1 Services Fees. All computations called for by this provision shall be predicated on annual amounts but the City shall reserve the right to bill the LE Services Fee on a prorated monthly or bimonthly basis. The LE Services Fee imposed must meet the following criteria: 1. Revenues derived from the fee must not exceed the funds required to provide the LE Services taking into account, i.e., deducting from the same, the fees assessed for Level 2 Services. 2. Revenues from the fee must not be used for any purpose other than that for which the fee or charge is imposed. 3. The fee may not be imposed for service unless the service is actually used by, or immediately available to, the owner of the property in question. Fees based on potential or fixture use are not permitted. 4. No fee may be imposed for general governmental services such as police, fire, ambulance or libraries, where the service is available to the public in substantially the same manner as it is to property owners. 9- 1.30.4 Services to be Provided. Services the City will provide as Livable Environment Services shall be provided by the City's employees or by contracting with an independent contractor to render the service needed. LE Services shall include but not be limited to the following: (A) Sweeping of all Streets to collect and remove Secondary Refuse Stream materials so that the same may be accounted for and disposed of in a manner required by AB 939. (B) Supplementing in any manner necessary the services of the City franchisee to avoid the gathering of any Secondary Refuse Stream materials such that they present a Health Threat. 9- 1.30.5 Purpose and Use of Fee. The Fee collected shall be used only for the services to be provided pursuant to the provisions of this Ordinance. 9- 1.30.6 Conflicting Ordinance. If any City ordinance or regulation, or any part thereof, is found in conflict with the provisions of this Subsection, the provisions of this Subsection shall apply provided, however, that nothing contained herein shall change or modify the obligations of the parties under the City's franchise agreement for the collection of municipal solid waste in the City. This Ordinance is not intended to supplant or increase the Level 2 Services Fees. Level 2 Service Fees will continue to be collected in the customary manner without interruption so long as Level 2 Services continue to be provided and shall be taken into account, i.e., credited, when assessing the total costs associated with providing the LE Services. Section 4. If any Section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Subsection, or any part thereof, is for any reason held to be unconstitutional, or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity of effectiveness of the remaining portions of this Subsection or any part thereof. The City Council hereby declares that it would have passed each Section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. Section 5. This Ordinance shall take effect thirty (30) days after its final passage by the City Council. Section 6. The City Clerk of the City of Lynwood is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published or posted as required by law. First read at a regular meeting of the City Council held on the 16`x' day of May, 2006 and adopted and ordered published at a regular meeting of said Council held on the 6"' day of June, 2006. Attest: -0"/"/, qy/" Andrea L. Hooper, City Clerk Approved as to form: J. rnoldo Beltran, City Attorney eticia Vasquez, Mayor City of Lynwood n tin�, ity Manager STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Ordinance was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 6th day of JUNE , 2006. AYES: COUNCILMEMBERS, BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NOES: NONE ABSENT: NONE ABSTAIN: NONE a/- Andrea L. Hooper, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Ordinance No. 1577 on file in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 6th day of JUNE 2006. Andrea L. Hooper, City Clerk