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CA:atty\muni\strpts\mtt\reycle4 JUL f 2 199't
City council Meeting 7-12-94 Santa Monica, California
STAFF R~l'ORT
TO: Mayor and city council
FROM: City Attorney
SUBJECT: Ordinance Authorizing a Fee on Solid Waste Enterprises
and a Solid Waste Refuse Rate structure
At its meeting on June 28, 1994, the City council
introduced for first reading an ordinance authorizing a fee on
Solid Waste Enterprises and a Solid Waste Refuse Rate structure.
The ordinance is now presented to the City Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Marsha Jones Moutrie, City Attorney
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CA:MJK f:\atty\muni\laws\mtt\recycle4
city Council Meeting 7-12-94 Santa Monica, California
ORDINANCE NCMBER 1753
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AUTHORIZING
A FEE ON SOLID ~ASTE ENTERPRISES AND A
SOLID WASTE REFUSE RATE STRUCTURE
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1- Section 5.08.430 of the Santa Monica Municipal
Code is amended to read as follows:
Section 5.08.430. Issuance of an
Enterprise Permit. Issuance of an enterprise
permit by the Director of General Services
will be based upon the following:
(a) Applicant must be a solid waste
enterprise or a recycling enterprise;
(b) Applicant must complete an
application in full and provide all
information requested by the Director of
General Servicesi
(c) Applicant must agree, in writing, to
comply with all current and future regulations
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promulgated by the Director of General
Services, including any special conditions
placed upon the enterprise permit by the
Director of General Services to insure
compliance with the provisions of this Chapter
and applicable provisions of state and federal
law.
(d) Applicant must provide the Director
of General Services with evidence of the
insurance and performance deposits required by
this Chapter or by Resolution of the City
Council.
(e) If required by Resolution of the
City Council, applicants, which provide solid
waste handling services, must adopt a
capacity/frequency refuse rate structure which
is in substantial compliance with the
provisions of the applicable Resolution of the
City Council.
(f) Applicants which provide solid waste
handling services shall pay a monthly solid
waste handling fee. The amount of the fee or
rate structure from wh i ch the amount of the
fee is determined shall be established by
Resolution of the City Council.
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(g) Applicant must provide a minimum
weekly baseline service level of one pick-up
per week for solid waste handling services
throughout the city.
(h) Applicant must provide a minimum
baseline service level of one pick-up per
month for source separated recycling handling
services.
SECTION 2 . Section 5.08.435 of the Santa Monica Municipal
Code is hereby added to read as follows:
section 4.08.435. Solid Waste Handling Pees
and Rate structure.
(a) The city Council may establish a
monthly solid waste handling fee to be paid by
Solid Waste Enterprises in order to fund both
the centralized collection and management of
recyclable materials from commercial and
industrial businesses and administrative
enforcement of the waste diversion goals set
forth in state law. The amount of, or rate
structure for, the monthly solid waste
handling fee shall be established by
resolution of the city Counc1l.
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(b) The City council may requl.re the
adoption by any Solid Waste Enterprise of a
capacity/frequency refuse rate structure which
shall be in substantl.al compliance with
applicable provisions of a resolution of the
city council.
SECTION 3. Any provision of the Santa Monica 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 effect
the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or
phrase of this Ordinance 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 regard to whether any portion
of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 5. The Mayor shall sign and the city Clerk shall
attest to the passage of this Ordinance. The city Clerk shall
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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 fro~ its adoption.
APPROVED AS TO FORM:
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MARSHA JOUES MOUTRIE -
city Attorney
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Adopted and approved tlns 12th day of July, 1994
(1.0' ttJ/h
-payor
I hereby certIfy that the foregomg Ordmance No. 1753 (CCS) was duly and regularly
adopted at a meeung of The City CouncIl on the 12th day of July, 1994; by the followmg
Council vote
Ayes: Counc1lmembers: Abdo, Genser, Greenberg. Holbrook, Olsen,
Rosenstein, vazquez
Noes: Councilm~mbers: None
Abstain: COUllf.::;ilmembers: None
Absent" Councilmembers: None
ATIEST:
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City Clerk: f