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SR-6B (9) 6 ~--'1 . ~ ~:j . 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 JU~ 1 2 I9't -68 ~ 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 1 ~ 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. 2 , -- - ~ , (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. 3 ~ (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 4 . , . . 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: -tJ1.Lt9u.<lu J )~~ MARSHA JOUES MOUTRIE - city Attorney 5 . , ~ . 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: --L/jJ~ City Clerk: f