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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 1 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 2 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 3 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. 4 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 5 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 6 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 7 1989