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