O1996
DR \ad mm\staffrpts\ 12-05-00\greenbldg2-3
City Council Meetmg 12-19-00
Santa MOnica, California
ORDINANCE NUMBER 1996(CCS)
(City CouncIl Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
ADDING CHAPTER 7 60 TO THE SANTA MONICA
MUNICIPAL CODE REQUIRING A CONSTRUCTION
AND MATERIAL WASTE MANAGEMENT PLAN FOR CONSTRUCTION AND
DEMOLITION PROJECTS
WHEREAS, the State of California through Its California Integrated Waste
Management Act of 1989, Assembly Bill 939 (AB 939), requires that each local
JUriSdiction In the state divert 50% of discarded materrals (base year 1990) from
landfills by December 31,2000, and
WHEREAS, every city and county m California, including the City, could
face fines up to $10,000 a day for not meeting the above mandated goal, and
WHEREAS, the Source Reduction and Recycling Element (SRRE) for
Santa MOnica adopted by the City CounCil In 1990 proposed the promotIon of a
Construction and DemolItion (C&D) Matenal education program and, If
necessary, a reuse and/or recycling program In order to meet the state
mandated waste reduction goal, and
WHEREAS, as of last year the City diverted 43% of discarded matenals
from landfills, and
WHEREAS, approximately 20% of the City's solid waste sent to landfills IS
from construction and demolition actiVities and the dIverSion of these materials
would have a Significant potential for waste reductIon and recycling; and
WHEREAS, reusing and recycling C&D Material IS essential to further the
City's efforts to reduce waste and comply with AS 939. and
WHEREAS, C&D Material waste reduction and recyclIng have been
proven to reduce the amount of such matenal which IS landfilled, mcrease
worker safety, and be cost effective, and
WHEREAS, except In unusual Circumstances, It IS feaSible to divert an
average of at least 60% of all C&D Matenal from construction, demolition and
renovatIon proJects, and
WHEREAS, to ensure compliance with thiS Chapter and to ensure that
those contractors that comply wIth thiS Chapter are not placed at a competitive
disadvantage, It IS necessary to Impose a Performance Security requIrement;
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS
SECTION 1 Chapter 760 IS hereby added to the Santa MonIca Munrclpal
Code to read as follows
CHAPTER 7.60
CONSTRUCTION AND DEMOLITION MATERIAL
MATERIAL WASTE MANAGEMENT PLAN
SECTION 7.60.010
DEFINITIONS
For the purposes of thIS Chapter, the followmg deflnrtlons
shall apply
2
(a)"Apphcant" means any individual, firm, limIted
liability company, aSSOciation, partnership, political
subdivISion, government agency, municipality, mdustry, public
or private corporation, or any other entity whatsoever who
applies to the City for the applicable permIts to undertake any
construction, demolition, or renovation project wlthm the City.
(b)"Class III Landfill" A landfill means a that accepts
non-hazardous resources such as household, commercial,
and Industrial waste, resulting from construction, remodeling,
repair, and demolition operations A Class III landfill must have
a solid waste facIlities permit from the California Integrated
Waste Management Board (CIWMB) and IS regulated by an
Enforcement Agency (EA)
(c)"Construction" means the bUIldmg of any faCIlity or
structure or any portion thereof Including any tenant
Improvements to an eXlstmg faCIlity or structure.
(d)"Constructlon and Demolition Material" (C&D
Matenal) means building matenals and solid waste resulting
from construction, remodeling, repair, cleanup, or demolition
operations that are not hazardous as defined In California
Code of RegulatIons, Title 22 Section 66261 3 8t seq ThiS
term Includes, but IS not limIted to, asphalt, concrete, Portland
cement concrete, bnck, lumber, gypsum wallboard, cardboard,
3
and other associated packaging, roofing material, ceramIc tile,
carpeting, plastic pIpe and steel The material may be
commingled with rock, sOil, tree stumps, and other vegetative
matter resultmg from land clearing and landscaping for
construction or land development prelects
(e)"C&D Recycling Center" means a facIlity that
receives only C&D matenal that has been separated for reuse
prior to receipt, In which the residual (disposed) amount of
waste In the material IS less than 10% of the average weight of
material separated for reuse received by the facIlity over a one
month period,
{f)"Clty-sponsored proJect" means a project
constructed by the City or a proJect recelvmg 50% or more of
Its fmanclng from the City
(g) "Conversion Rate" means the rate set forth In
the standardIzed Conversion Rate Table approved by the CIty
pursuant to thiS Article for use In estlmatmg the volume or
weight of materials IdentIfied In the Waste Management Plan
(h)"Covered Project" shall have the meaning set forth
In Section 7 60 020
(I)'Ueconstructlon" means the careful dIsmantling of
bUlldmgs and structures In order to salvage as much material
as possible
4
(J)"Demohtlon" means the deCimating, razing, rUining,
tearrng down or wrecking of any facility, structure, pavement or
building, whether In whole or In part, whether Interior or
exterior
(k)"Dlsposal" means the final deposition of
construction and demolition or Inert materral, Including but not
limited to
(1 )Stockplllng onto land of constructIon and
demolition materral that has not been sorted for further
processing or resale, If such stockpiling IS for a penod of time
greater than 30 days, or (2)stockplllng onto land of
construction and demolition material that has been sorted for
further processing or resale, If such stockpiling IS for a period
of time greater than one year, or(3)stockplllng onto land of
Inert material that IS for a period of time greater than one year,
or (4) dIsposal of construction and demolition or Inert materral
to a landfill
(I)"Dlvert" means to use material for any purpose
other than disposal In a landfill or transformation facility
(m)"Dlverslon ReqUirement" means the diverSion of at
least sixty (60) percent of the total Construction and
DemolItion Matenal generated by a Project via reuse or
recycling, unless the Applicant has been granted an
5
Exemption pursuant to Section 7 60 070, In which case the
DiverSion ReqUirement shall be the maximum feasible
diverSion rate established by the Waste Management Plan
Compliance OffiCial In relation to the project
(n)"Enforcement Agency (EA)" means an enforcement
agency as defined In Public Resources Code 40130
(o)"lnert Backfill Site" means any location other than
an Inert landfill or other disposal faCility to which Inert materials
are taken for the purpose of filling an excavation, shOring, or
other Salls engineering operation
(p)"1 nert Disposal Facllltyll nert Waste Landfill" means
a dIsposal faCIlity that accepts only Inert waste such as 5011
and rock, fully cured asphalt paving, uncontaminated concrete
(Including fiberglass or steel reinforCing rods embedded In the
concrete), brick, glass, and ceramiCS, for land disposal,
(q)"lnert Solids/Inert Waste" means non-liqUid solid
resources Including, but not limited to, SOil and concrete, that
do not contain hazardous waste or soluble pollutants at
concentrations In excess of water quality objectives
established by a regional Water Board pursuant to DIVISion 7
(Section 13000 et seq ) of the California Water Code and does
not contain Significant quantities of decomposable solid
resources
6
(r)"Mlxed Matenal" means loads that Include
commmgled recyclables and non-recyclable materials
generated at the project site
(s)"Mlxed Matenal Recycling Facility" means a
processing facIlity that accepts loads of mixed construction
and demolition debris for the purpose of recovenng re-usable
and recyclable materials and dlsposmg the non-recyclable
residual materials
(t)"Performance Security" means any performance
bond, surety bond, money order, letter of credit, certificate of
deposit, or restncted bank account, provided to the City
pursuant to Section 760040
(u)"Post-Consumer Matenal" as defined In Public
Contract Code Section 12200(b) means a finished material
which would have been disposed of as a solid waste, haVing
completed ItS life cycle as a consumer Item, and does not
Include manufacturing wastes. Post-Consumer Material IS
generally any product that was bought by the consumer, used,
and then recycled Into another product
(v)"ProJect" means any activity which reqUires an
application for a bUilding or demolition permit or any similar
permit from the City
~
i
(w)"Recycled Product" as defined In Public Contract
Code Section 12200(a) means all materrals, goods, and
supplies wIth no less than 50 percent of the total weight of
which consists of secondary and Post-Consumer Matenal with
not less than 10 percent of Its total weight conslstmg of Post-
Consumer Material ThiS definition applies to paper products,
plastIC products, compost and co-compost, glass products,
lubrlcatmg Oils, paints, solvents, retreaded tires, tire-derived
products, and steel products A recycled product also Includes
products that could have been disposed of as solid waste
havmg completed Its life cycle as a consumer Item, but
otherwise IS refurbished for reuse without substantIal alteration
of ItS form
{x)"Recycllng" means the process of collecting,
sorting, cleanSing, treatmg, and reconstItuting matenals for the
purpose of uSing the altered form In the manufacture of a new
product Recycling does not mclude burning, incinerating, or
thermally destrOYing solid waste
(y)"Renovatlon" means any change, addition or
modIficatIon In an eXlstmg structure
(z)"Reuse" means the use, in the same or similar form
as It was produced, of a material which might otherwise bea
discarded
8
(aa)"Salvage" means the controlled removal of
Construction and Demolition Material from a permitted bUIlding
or construction site for the purposes of recycling, reuse, or
storage for later recycling or reuse
(bb)"Sanltary Wastes" means matenals that require
speCial handling procedures such as liqUid wastes including
domestic sanitary sewage
(cc) "Secondary Matenal" as defIned In Public
Contract Code section 12200(c) means fragments of finished
products or finished products of a manufactUring process,
which has converted a resource Into a commodity of real
economic value, and Includes Post-Consumer Material, but
does not include excess virgin resources of the manufacturing
process. ThiS matenal did not reach the consumer pnor to
being recycled
(dd)"Sedlment" means SOil and other matenal that has
been eroded and transported by storm or well production
runoff water.
(ee )"Separated for Reuse" means matenals, including
commmgled recyclables, that have been separated or kept
separate from the solid waste stream for the purpose of
additional sorting or processing those matenals for reuse or
recycling In order to return them to the economiC mainstream
9
In the form of raw material for new, reused, or reconstituted
products which meet the quality standards necessary to be
used In the marketplace, and Includes Source Separated
Materials
(ff)"Solld Waste" as per PubliC Resources Code
Section 40191 means all putresclble and non-putresclble solid,
semIsolid, and liqUid wastes, mcludmg garbage, trash, refuse,
paper, rubbiSh, ashes, Industrial wastes, demolitIOn and
constructIon wastes, abandoned vehicles and parts thereof,
discarded home and mdustrlal appliances, dewatered, treated,
or chemically fixed sewage sludge which IS not hazardous
waste, manure, vegetable or animal solid and semIsolid
wastes, and other discarded solid and semisolid wastes "Solid
Waste" does not Include any of the following wastes
(1 )Hazardous waste, as defined In PRC Section
40141.
(2)Radloactlve waste regulated pursuant to the
Radiation Control Law [Chapter 8 (commencmg With Section
114960) of Part 9 of DIVISion 104 of the Health and Safety
Code]
(3)Medlcal waste regulated pursuant to the Medical
Waste Management Act [Part 14 (commencing WIth Section
117600) of DIVISion 104 of the Health and Safety Code J
10
(gg)Source Separated Matenals" means materials
that are sorted at the site of generation by indiVidual material
type mcludlng commmgled recyclable materials for the
purpose of recycling I e loads of concrete that are source-
separated for delivery to a recycling faCIlity
(hh)"Vlrgln Matenal" means the portion of the product
made from non-recycled material, that IS, the material that is
neither post-consumer nor secondary material
(II)"Waste Hauler" means a company that possess a
valId permit from the City of Santa Monica to collect and
transport solid wastes from Individuals or businesses for the
purpose of recycling or disposal under the City of Santa
MOnica's name
(JJ)"Waste Management Plan" (WMP) means a
completed Waste Management Plan form, approved by the
City for the purpose of compliance With thIS Chapter,
submitted by the Applicant for any Covered or Non-covered
Project
(kk)"Waste Management Plan Compliance OffiCial"
means the Director of EnVironmental and PubliC Works
Management or hiS or her deSignee
11
SECTION 7.60.020
THRESHOLD FOR COVERED
PROJECTS
(a)Prlvate Projects All construction and demolition projects
the total costs of which are, or are proJected to be, $50,000 or
greater, or are 1,000 square feet or greater ("Covered ProJects")
shall be reqUired to divert at least sixty (60) percent of all proJect-
related construction and demolition matenallO compliance WIth thiS
Chapter
(b )Clty-Sponsored Projects All City-sponsored
construction, demolition and renovation ProJects shall be
subject to thiS Chapter, and consequently, shall be considered
Covered Projects
(c)Compllance as a Condition of Approval
Compliance With thiS Chapter shall be Included as a condition
of approval on any construction or demolition permit Issued for
a Covered Project
SECTION 7.60.030 SUBMISSION OF A WASTE
MANAGEMENT PLAN
(a)WMP Forms Applicants for construction or
demolitIon permits involVing a Covered ProJect shall complete
and submit a Waste Management Plan (WMP), on a WMP
form approved by the City for thiS purpose, as part of the
12
applIcatIon packet for the construction or demolition permit.
The completed WMP shall Indicate all of the following
(1 )The estimated volume or weight of the Project C&D
matenal, by material type, to be generated,
(2)The maximum volume or weight of such materials
that can feaSibly be diverted via reuse or recycling No more
than twenty (20) percent of the sixty (60) percent dIverSion
rate can be achieved through the recycling or reuse of Inert
materials unless applicant can demonstrate to the satlsfactlon
of the WMP Compliance OffiCial that sufficient structural
matenals do not eXist for recycling or that forty (40) percent
diverSion of total waste through non-Inert materials IS not
feaSible
(3)The vendor or facility where the Applicant proposes
to use to collect or receive that matenal, and
(4)The estimated volume or weight of C&D matenals
that Will be landfilled In Class III landfills ("Class III Landfill")
and Inert disposal faCilities ("Inert Disposal Facility/Inert Waste
Landfill")
(b )Calculatmg Volume and Weight of Matenal In
estimating the volume or weight of matenals Identified In the
WMP, the Applicant shall use the Conversion Rates approved
by the City for thiS purpose
13
(c)Deconstructlon In preparing the WMP, applicants
for demolition permits Involving the removal of all or part of an
eXisting structure shall conSider deconstruction
("Deconstruction"), to the maximum extent feaSible, and shall
make the materials generated thereby available for salvage
prior to landfilllng Deconstruction can be used to meet the
sixty (60) percent diverSion requirement provided It IS
accounted for In the WMP
SECTION 7.60.040 PERFORMANCE SECURITY
The proJect applicant shall submit a performance
security With the WMP The amount of the performance
security shall be calculated as the lesser of three (3) percent
of total Project cost or $30,000 The WMP Compliance OffiCial
may waive the Performance Security If the total security
required pursuant to thiS Sectlon would be fifty (50) dollars or
less
SECTION 7.60.050
REVIEW OF WMP
(a)Approval Notwithstanding any other provIsions of
thiS Code, no bUilding or demolition permit shall be Issued for
any Covered ProJect unless and until the WMP Compliance
OffiCial has reviewed the WMP Approval shall not be reqUired,
14
however, where an emergency demolition IS reqUired to
protect public health or safety The WMP Compliance OffiCial
shall only approve a WMP If he or she fIrst determines that all
of the following conditions have been met
(1 )The WMP provides all of the information set forth In
Section 7 60 030.
(2)The WMP Indicates that at least sIxty (60) percent
of all C&D material generated by the Project Will be diverted or
an exemption has been approved pursuant to Section
7 60.070
(3 )The Applicant has submitted an appropriate
Performance Secunty In compliance With Section 7 60.40
If the WMP Compliance OffiCIal determines that these
conditions have been met, he or she shall mark the WMP
"Approved," return a copy of the WMP to the Applicant, and
notIfy the BUIlding Department and the Solid Waste
Management DIVISion that the WMP has been approved
(b )Nonapproval If the WMP Compliance OffiCial
determmes that the WMP falls to meet the conditions speCified
In subsection (a) of thiS Section, he or she shall either
(1 )Return the WMP to the Applicant marked "Denied,"
mcludmg a statement of reasons, and so notify the BUlldmg
15
Department, to ensure that the construction or demolition
permit does not Issue
(2)Return the WMP to the applicant marked "Further
Explanation Required"
If the Applicant determmes dunng the course of the
project that the estimated tonnage of material to be generated
and or recovered from the project IS substantially different from
the WMP, applicant shall submit an addendum to the original
WMP
SECTION 7.60.060 COMPLIANCE WITH WMP
(a)Documentatlon Within 30 days after the
completion of any Covered ProJect, the Applicant shall submit
to the WMP Compliance OffiCial documentation that It has met
the DiverSion ReqUirement for the Project Applicant shall
proVide a summary of efforts used to meet the DiverSion
ReqUIrement and also provide the following documentation
(1 )Recelpts from the vendor or faCIlity which collected
or receIved each material showmg the actual weight or volume
of that material
(2)Welght slips/count of material salvaged or reused
In current ProJect
16
(3)A copy of the prevIously approved WMP for the
Project addmg the actual volume or weight of each material
diverted and landfllled
(4)Any additional Information the Applicant believes IS
relevant to determming Its efforts to comply m good faith with
this Chapter
(b)Welqhlng of Wastes Applicants shall make
reasonable efforts to ensure that all C&D matenal diverted or
landfilled are measured and recorded usmg the most accurate
method of measurement avaIlable. To the extent practical, all
C&D materral shall be weighted by measurement on scales
Such scales shall be In compliance With all State and County
regulatory reqUirements for accuracy and mamtenance For
C&D material for which weighing IS not practical due to small
Size or other conSIderations, a volumetriC measurement shall
be used For conversion of volumetnc measurements by
weight, the Applicant shall use the standardized ConversIon
Rates approved by the City for thiS purpose
(c)Determmatlon of Compliance and Release of
Performance Security The WMP Compliance OffICial shall
review the Information submitted under subsection (a) of thiS
Section to determme whether the Applicant has complied With
the DiverSion ReqUirement as follows
17
(1 )Full Compliance If the WMP Compliance Official
determines that the Applicant has fully complied with the
Diversion Requirement applicable to the Project, he or she
shall cause the full Performance Security to be released to the
Applicant
(2)Fallure to Comply If the WMP Compliance Official
determines that the Diversion Requirement has not been met,
he or she shall return only that portion of the performance
security eqUivalent to the portion of C&D material actually
diverted compared to the portion that should have been
diverted according to the WMP Any portion of the
Performance Security not released to the Applicant shall be
forfeited to the City, and shall be used to recover costs
associated With sorting mixed C&D loads at the City recycling
center If the WMP Compliance Official determines that the
Applicant has fully failed to comply WIth the Diversion
ReqUirement or If the Applicant falls to submit the
documentation reqUIred by subsection (a) of this Section
Within the reqUired time period, then the entire Performance
Security shall be fonelted to the City All forfeited Performance
Secuntles shall be used to recover costs associated With
sorting mixed C&D loads at the City recycling center
18
SECTION 7.60.070
EXEMPTION
(a)Appllcatlon If an Applicant believes It IS InfeaSible
to comply with the diversion reqUirements of this Chapter due to
the circumstances delineated In this Section, the Applicant may
apply for an exemption at the time that he or she submits the
reqUired WMP Exemptions may be granted based the follOWing
considerations
(1 )Lack of storage space onsite
(2)Contammatlon by hazardous substances
(3)Low recyclablllty of specific materials
The Applicant shall Indicate on the WMP the
maximum rate of diverSion he or she believes IS feaSible for
each material and the speCific circumstances that he or she
believes make It mfeaslble to comply With the DIverSion
ReqUirement
(b )Meetmg WIth WMP Compliance OffiCIal The WMP
ComplIance OffiCial shall review the Information supplied by
the Applicant and may meet With the Applicant to diSCUSS
pOSSible ways of meetmg the DIVISIon ReqUirement Upon
request of the jUrisdiction, the WMP Compliance OffiCial may
request that staff from the Solid Waste Management DIVision
attend thiS meeting or may require the Applicant to request a
separate meetmg With Solid Waste Management DIVISIon staff
19
Based on the mformatlon supplied by the Applicant and. If
applicable, Solid Waste Management Staff, the Compliance
Official shall determine whether It IS pOSSible for the Applicant
to meet the DIvIsion Requirement
(c)Grantlng of Exemption If the WMP Compliance
Official determines that It IS mfeaslble for the Applicant to meet
the Diversion ReqUirement due to unique Circumstances, he or
she shall determine the maximum feaSIble diversion rate for
each matenal and shall IndIcate this rate on the WMP
submitted by the Applicant The WMP Compliance Official
shall return a copy of the WMP to the Applicant marked
"Approved Exemptfon" and shall notIfy the BUilding
Department that the WMP has been approved
(d)Denlal of Exemption If the WMP Compliance
Official determines that It IS pOSSible for the Applicant to meet
the Diversion ReqUirement, he or she shall Inform the
Applicant In wntmg The Applicant shall have 30 days to
resubmit a WMP form In full compliance With Section 7 60.030
If the Applicant falls to resubmit the WMP, or If the resubmitted
WMP does not comply with Section 760030, the WMP
ComplIance Official shall deny the WMP
20
SECTION 7.60.080 APPEAL
(a) The applicant or any Interested person may
appeal to a Hearing Examiner from any ruling of the WMP
Compliance Official made pursuant to thIS Chapter In
accordance With Section 6 16 030 Notice of any appeal from
the ruling of the WMP Compliance OffiCial must be filed Within
ten (10) days of the date that such ruling IS made The deCISion
of the Hearing Examiner upon such appeal, relative to any
matter Within the JUriSdiction of the WMP Compliance OffiCial,
shall be final and shall not be appealable to the City Councilor
to any other City body or offiCial
SECTION 7.60.090
ENFORCEMENT
(a)The DIrector of the Department of EnVironmental
and Public Works Management, or hiS or her deSignee, IS
authOrized to enforce Sections 7 60 030-7 60 060 as follows'
(1 )For the first faIlure to comply With the provISions of
SectIons 760030-760060, the Department of EnVironmental
and Public Works Management shall Issue to the affected
person a written notice that mcludes the follOWing information
(I)A statement speclfymg the Violation committed,
21
(II)A speCified time period within which the affected
person must correct the failure of file a wntten notice disputing
the notice to comply,
(III)A statement of the penalty for continued
noncompliance
(2)For each subsequent failure to comply with any
provIsions of Sections 7 60 030-7 60 060 follOWing written
notice pursuant to this Section, the Director of the Department
of EnVironmental and Public Works Management may levy a
penalty not to exceed five hundred dollars Any statement
informing a Violator of a citation shall Include a notice setting
forth the hearing rights provided m subsection (a) (3) below
(3)Any person assessed a penalty pursuant to
subsection (a) (2) may dispute the penalty by requestmg a
hearing on a form provided by the City wlthm the time and
manner set forth In Section 6 16 030 provided that no hearing
request shall be deemed timely filed and no hearing shall be
held unless, Within the time penod to request a hearing, the
person depOSits With the City Treasurer money In the amount
of any unpaid penalty due under thiS Section If as a result of
the heanng It IS determined that the penalty was wrongly
assessed, the City shall refund any money deposited to the
person The deCISion of the Hearing Examiner shall be final
22
except for Judicial revIew and shall not be appealable to the
City Council
(4)Jt shall not be a defense to the assessment of any
penalty or to any other CIVil enforcement action proVIded for
under thiS Section for a person to assert that any VIolation of
Sections 7 60.030-7 60 060 was caused by the actions of a
person other than the person assessed except If the Violation
was caused by the criminal or negligent action of a person
who was not an agent, servant, employee or family member of
the person
(5)Any penalty collected hereunder shall be deposited
In the Refuse Fund to be used as reimbursement for the
Department of EnVironmental and Public Works
Management's costs and expenses of administratIon and
enforcement of thiS Chapter
(b)Any Violation of thiS Chapter shall constitute an
Infraction punishable by a fine of five hundred dollars Each
day that a Violation occurs shall constitute a separate offense
(c)A Violation of any proVIsion of thiS Chapter IS
declared to be a public nUisance and may be abated pursuant
to Santa MOnica MunICIpal Code Chapter 8 96 or by means of
a CIVil action
23
(d)The City may enforce the provIsions of thiS Chapter
by means of a cIvil action The burden of proof In such cases
shall be preponderance of the eVidence
(e)Any person who commits an act, proposes to
commit an act, or engages m any pattern and practice which
violates thiS Chapter may be enjoined by any court of
competent jUrisdIction
(f)The penaltIes and remedies established by thiS
Chapter are not exclusive, and nothing In thiS Chapter shall
preclude any person from seeking any other remedies,
penalties, or procedures proVided by law.
SECTION 2 Any prOVIsIon of the Santa Momca MUniCipal Code or
appendices thereto inconsistent With the prOVISions of thiS Ordinance, to the
extent of such InconSistencies and no further, are hereby repealed or modified to
that extent necessary to affect the proVISions of thiS Ordinance
SECTION 3 If any section, subsection, sentence, clause, or phrase of thiS
Ordmance IS for any reason held to be invalid or unconstitutional by a deCISion of
any court of competent JUriSdiction, such deCISion shall not affect the validity of
the remaining portions of thiS Ordinance The City CounCil hereby declares that It
would have passed thiS Ordinance, and each and every section, subsection,
sentence, clause, or phrase not declared Invalid or unconstitutional Without
24
regard to whether any portion of the Ordmance would be subsequently declared
Invalid or unconstitutional
SECTION 4 The Mayor shall sign and the City Clerk shall attest to the
passage of thiS Ordinance The City Clerk shall cause the same to be published
once In the offiCial newspaper within 15 days after Its adoption ThIS ordinance
shall become effective after 30 days from Its adoption
APPROVED AS TO FORM
MARSHA JONE
City Attorney
25
Adopted and approved this 19th day of December, 2000.
State of California )
County of Los Angeles) ss
City of Santa MOnica )
I, Marla M. Stewart, City Clerk of the City of Santa MOnica, do hereby certify that the
foregOing Ordinance No 1996 (CCS) had It's introduction on December 5, 2000, and
was adopted at the Santa MOnica City Council meeting held on December 19, 2000, by
the followmg vote
Ayes Council members. Holbrook, O'Connor, McKeown, Genser, Katz, Mayor Pro
Tem Bloom, Mayor Feinstein
Noes. Council members None
Abstain Council members None
Absent Council members None
ATTEST
\ ~
~'~,~
Mana M. Stewart, City Clerk