HomeMy WebLinkAbout1989
ORDINANCE NO. 19~9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, AMENDING SECTIONS 5120.7
AND 6434.2 OF THE ARCADIA MUNICIPAL CODE AND
ADDING SECTION 8020.8 TO ESTABLISH FEES FOR
RESIDENTIAL, COMMERCIAL AND INDUSTRIAL USES TO
FUND THE CITY'S SOURCE REDUCTION AND RECYCLING
ELEMENT OF THE COUNTY INTEGRATED WASTE MANAGEMENT
PLAN, AS REQUIRED BY STATE LAW AND INCLUDING
REFUSE PERMIT FEES FOR SANTA ANITA RACE TRACK
WHEREAS, AB 939 (California Integrated Waste Management Act)
requires each city within a county to prepare, adopt and submit to
the county a source reduction and recycling element ("SRRE"), which
is intended to be a comprehensive program for the management of
solid waste generated within the city, with primary emphasis placed
on source reduction, recycling and composting; and
WHEREAS, Section 40059 of the Public Resources Code provides
in part, that under the California Integrated Waste Management Act,
a city retains the power to determine 1ncluding, but not limited
to,
frequency
of
collection,
means
of
collection,
and
transportation, level of services, charges and fees, and the
nature, location and extent of providing solid waste handling
services; and
WHEREAS, Section 41901 of the Public Resources Code provides
that a city may impose fees in amounts sufficient to pay the costs
of preparing, adopting, implementing, and administering an
integrated waste management plan, provided that the fees shall be
based on the types or amount of the solid waste, and shall be used
to pay the actual costs incurred by the city in preparing,
adopting, implementing and administering the plan, as well as in
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setting and collecting the local fees, and that in determining the
amount of the fees, a city shall include only those costs directly
related to the preparation, adoption, implementation and
admini$tration of the plan and the setting and collection of the
local fees; and
WHEREAS, the City Council has conducted a duly noticed public
hearing in relation to the fees; and
WHEREAS, Arcadia Municipal Code Section 6434.2 limits
commercial refuse collecting, hauling and disposing to five (5)
permit$; and
WHEREAS, City permit requirements and the Waste Management Act
justify a permit fee for the five (5) permittees; and
WHEREAS, the property and use commonly referred to as Santa
Anita Race Track (Los Angeles Turf Club), because of its unique
character, needs, and uses as related to equestrian events, and
large scale events that involve significant public attendance
requires flexibility for commercial refuse collection and has
acknowledged the propriety of a Santa Anita Race Track Refuse Fee
for commercial collection permits exclusive of the limitation set
by Arcadia Municipal Code Section 6434.2; and
WHEREAS, the City Council finds and determines that the fees
imposed by this Ordinance are based on the administration of permit
requirements and the types or amounts of solid waste generated by
the different segments of the local community, that the fees shall
be used to pay the actual costs incurred by the City in preparing,
adopting, implementing and administering the integrated waste
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1989
management plan and in setting or collecting fees related thereto,
and that in determining the amount of the fees the City has
considered those costs directly related to the preparation,
adoption, implementation and administration of the integrated waste
management plan and the setting and collection of the local fees;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES FIND, DETERMINE AND ORDAIN AS FOLLOWS:
SECTION 1. That Section 5120.7 of the Arcadia Municipal Code
is hereby amended by adding subsections (a) and (b) to read as
follows:
5120.7(a). RESIDENTIAL REFUSE FEE. A fee of thirty cents
($0.30) per month per residential unit is hereby established to
fund the cost of preparing, adopting, implementing and
administering the source reduction and recycling element and the
integrated waste management plan mandated by Public Resources Code
40000 et seq. The fee shall be in addition to any other fee or
charge for solid waste collection authorized by this code, and may
be subsequently amended by resolution of the City Council.
5120.7(b). METHOD OF COLLECTION. The bill for refuse service
shall be the medium for bill:lng and collecting the residential
refuse fee. The fee shall be charged to the person in whose name
refuse service is registered. The fee shall be charged and billed
as a monthly regular service charge, and no credit shall be allowed
for this portion of a month's service.
SECTION 2. That Section 6434.2 of the Arcadia Municipal Code
is hereby amended by adding subsections (a) through (b) 1-6 to read
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1989
as follows:
6434.2(a). SANTA ANITA RACE TRACK (SART) PERMIT AND REFUSE
FEE. The limitation of section 6434.2 shall not apply to Santa
Anita Race Track. A special refuse permit shall apply to SART to
allow for commercial collectors who may not hold a permit pursuant
to Arcadia Municipal Code Section 6434.2 subject to payment of a
permit fee as follows:
The Santa Anita Race Track shall be billed quarterly in the
amount of $10,059 ($40,235/year) to fund the cost of preparing,
adopting, implementing and administering the source reduction and
recycling element and the integrated waste management plan mandated
by Public Resources Code 40000 et seq. The fee shall be in
addition to any other fee or charge for solid waste collection
authorized by this code.
6434.2 (b). COMMERCIAL REFUSE FEE. Each Commercial/Industrial
waste hauler shall pay a "permit fee" to the.City in the amount of:
Nine and one-half percent (9.5%) of any and
all gross monthly receipts resulting from the
operation of business in the City.
This fee shall be charged to fund the cost of preparing, adopting,
implementing and administering the source reduction and recycling
element and the integrated waste management plan mandated by Public
Resources Code 40000.et seq. This fee shall be in addition to any
other fee or charge for solid waste collection authorized by this
code, and may be subsequently amended by resolution of the city
council.
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1989
6434.2(b) (1). PURPOSE OF CALCULATION/GROSS RECEIPTS. For the
purposes of calculation of such a permit fee, "gross monthly
receipts" means .any and all compensation received by the permitted
haulers in connection with collecting, transporting, disposing
and/or recycling of solid waste kept, accumulated or produced in
the city plus any and all such compensation received by the waste
hauler or the waste hauler's subcontractors in connection with
collecting, transporting, disposing, and/or recycling of solid
waste produced, kept or accumulated in the City, with the exception
of compensation received from the sale of material recovered
through recycling.
6434.2(b) (2). METHOD OF CALCULATION AND PAYMENT. Each month
a permit fee shall be calculated as nine and one-half percent
(9.5%) of the gross monthly receipts received in the preceding
calendar month. The permit fee must be received by the City no
later than the last day of the month following the month which is
being reported.
6434.2(b) (3). REQUIREMENTS FOR REPORTING BUSINESS ACTIVITY.
The waste hauler shall file a monthly collection report to the
City, and it must be received by the City no later than the last
day of the month following the month which is being reported. The
report shall include the following information.
1. Total tonnage of solid waste disposed.
2. Total number of accounts served.
3. Total gross receivables for the month.
6434.2(b) (4). CITY INSPECTION AUTHORITY. The permitted
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1989
.'
haulers shall maintain accurate and complete books and accounts of
all revenues and income arising out of its operations under the
permit granted and in a manner which conforms with generally
accepted accounting principals. The waste hauler's books, accounts
and records, arising out of or related to its operations under the
permit granted, shall at all times be open to. inspection,
examinations and audit by authorized officers, employees and agents
of the City.
6434.2(b) (5). DEFINITION OF WASTE. In addition to those
definitions set forth in Arcadia Municipal Code Section 5110 et.
seq., solid waste shall include all solid, semisolid, and liquid
wastes, including garbage, trash, refuse, paper, rubbish, ashes,
industrial wastes, demolition and construction wastes, abandoned
vehicles and parts thereof, discarded appliances, treated or
chemically fixed sewage sludge which is not hazardous waste,
manure, vegetable and animal solid and semisolid wastes, and other
discarded solid and semisolid wastes excluding hazardous,
infectious wastes and liquid waste.
SECTION 3. That Section 8020.8 is hereby added to the Arcadia
Municipal Code to read as follows:
8020.8. BUILDING CODE FEES - REFUSE FEE. All of the fees
authorized pursuant to Article VIII of the Arcadia Municipal Code
and currently set forth in Resolution No. 5683, shall continue to
be provided for by Resolution of the Arcadia city council and as
of the effective date of this Ordinance shall include an added
refuse fee of $6.25 per building permit and an additional $1.00 for
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1989
every other permit fee set forth in Resolution No. 5683 which fees
including those set forth herein may be amended by resolution of
the City Council.
SECTION 4. That the City Clerk shall certify to the adoption
of this Ordinance and shall cause a copy of the same to be
published in the official newspaper of the City within fifteen (15)
days upon its adoption.
Passed, approved and
, 1993.
ATTEST:
.\
,
~ "
Arcadia
STATE OF CALIFO IA ;
COUNTY OF 'LOS: ANGELES SS:
CITY OF ARCAD-IA.;/' . _'
//
I, JUNE D:-ALFORD, City Clerk of the city of Arcadia, hereby
certify that the foregoing Ordinance No. 1989
was passed and
adopted by the city Council of the City of Arcadia, signed by the
Mayor and attested to by the city Clerk at a regular meeting of
said City Council held on the 1st day of June
, 1993 and that
said Ordinance was adopted by the following vote, to wit:
AYES: Councllmember Fasching, Harbicht, Lojeski, Margett and Ciraulo
NOES: None
ABSENT: None
Arcadia
Ci
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1989