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HomeMy WebLinkAboutC- 7 Ordinance Relating to implementation of the California Intergrated Waste Management Act 1989 ( AB 939) The Cityf zusao A • AZUSA _iGHT & WATER For Quality of Lift GENDA ITEM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: JOSEPH F.HSU,DIRECTOR OF UTILITIES, -- VIA: RICK COLE, CITY MANAGER/fr., DATE: MAY 15, 2000 SUBJECT: ORDINANCE RELATING TO THE IMPLEMENTATION OF THE CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT OF 1989 (AB 939) Recommendation Waive further reading and introduce the attached ordinance authorizing the City Council to adopt a fee to comply with the California Integrated Waste Management Act of 1989 (AB 939). Background As you know, staff are currently reviewing alternatives to meet the recycling goal mandated by AB 939. The attached ordinance would authorize the City Council to adopt a resolution to establish a fee which would be used to pay for recycling programs. Given that the City will likely implement programs to reduce waste going to landfills, the City needs to be in a position to finance or pay for such programs. Fortunately, California Public Resources Code §41901 authorizes cities to impose a fee for such purposes. To be clear, the adoption of the ordinance itself does not impose any new fee. The ordinance merely allows the City Council, at a later date, to adopt a resolution approving an AB 939 fee schedule and method for imposing the fee. Staff are currently working with the City Attorney's office to devise a fee that will not trigger the requirements of Proposition 218. It is anticipated that the actual fee amount will depend on anticipated program costs to be financed, and will be imposed on residential and commercial refuse ratepayers. The fee would be collected by the Light and Water Department through its utility billing system from residential ratepayers, and collected by solid waste contractors, including Athens Services, from commercial ratepayers. It is preferable to have the fee authority established before refuse collection rates are adjusted and before new programs go into effect. Rate adjustments and program approvals will provide an opportunity to restructure the rate so that the AB 939 fee can be established to pay for programs. Establishing a fee and using a separate AB 939 fund to pay for new programs will help the City account for revenues and costs, and, in general, document the City's effort to co ly with • 939. /4,/- / ® 3/6 00 a-Cf4 729 N. Azusa Avenue P.O. Box 9500 Azusa, California 91702 626/812-5208 (phone) 626/334-3163 (fax) utilities@azusa.ca.gov (e-mail) Findings This ordinance amends Chapter 58 of the Azusa Municipal Code to establish the authority of the City Council to adopt a fee to implement recycling programs, and has been reviewed by our City Attorney. The ordinance itself does not impose a fee. Adoption of a fee schedule would be considered at later date and would be subject to a public hearing. Fiscal Impact There is no fiscal impact of adoption of the ordinance. Exhibits A. Ordinance Report Prepared by: Cary Kalscheuer, Integrated Waste Management Coordinator ORDINANCE NO. 00-09 AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA, ADDING SECTION 58-01 AND 58-02 TO ARTICLE I,CHAPTER 58 OF THE AZUSA MUNICIPAL CODE RELATING TO THE IMPLEMENTATION OF THE CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT OF 1989 THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. Sections 58-01 and 58-02 are hereby added to the Article I, Chapter 58 of Azusa Municipal Code to read as follows: "58-01. Intent. The,purpose of this chapter is to address all aspects of solid waste handling, including,but not limited to,frequency of solid waste collection,means of collection,transportation, level of service, charges and fees, and nature, location and extent of solid waste handling services. Of primary importance is the development of regulations that comply with the California Integrated Waste Management Act of 1989,as contained in California Public Resources Code§§40000 et seq. Such regulations should encourage cities to reduce,recycle,and reuse solid wastes to the maximum extent feasible in an efficient and cost-effective manner in order to conserve water,energy and other natural resources, to protect the environment, and to implement integrated waste management programs required and encouraged by the State of California. 58-02. Integrated Waste Management Plan - Fees. This section is enacted for the purpose of complying with the requirements of the California Integrated Waste Management Act of 1989. The Act requires the adoption and implementation of a Source Reduction and Recycling Element and a Household Hazardous Waste Element by all cities and counties in California. In order to fund the preparation, adoption and implementation of these elements, California Public Resources Code §41901 authorizes cities to impose a fee in an amount sufficient to pay the costs of their preparation, adoption and implementation. Such fees shall be determined, fixed and established from time to time by resolution of the City Council,and shall be based upon the types or amounts of solid waste collected in the City of Azusa. In determining the amount of the fees,the City Council shall also include only those costs directly related to the preparation,adoption and implementation of the elements and the setting and collecting of the required fees. Such fees may be collected by the City. Alternatively, the City may arrange for collection with any solid waste hauler providing solid waste collection services in the City of Azusa." SECTION 2. This Ordinance shall be in full force and effect thirty(30) days after its passage. RVPUB\M CM\564323 SECTION 4. A summary of this Ordinance shall be published in the manner required by law. PASSED, APPROVED AND ADO'+ D t is 5th day of June , 2000. ji°41114 Cnstina Cruz-Madrid Mayor A .i/ / I .46 ,/ Adolph Soli/City Clerk RVPUB\MXM\564323 2 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I,Adolph Solis,City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 00-09 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 15thday of May , 2000, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 5th day of June , 2000, by the following vote, to wit: AYES: COUNCILMEMBERS: Hardison, Stanfo '. , Rocha, Beebe, Madrid NOES: COUNCILMEMBERS: None / ABSENT: COUNCILMEMBERS: None Adolph Sol' City Cler. APPROVED AS TO FORM: (c.. Ci Attorney RVPUB\MXM\564323 3