Res 95-100RE~OLUTION NO. 95- 100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
CALIFORNIA ESTABLISHING SPECIAL PERMIT FEES FOR THE
COLLECTION OF SOLID WASTE AND RECYCLABLES,
AND RESCINDING RESOLUTION NO. 90-227
WHEREAS, Chapter 8.68 of the Poway Municipal Code states that no residential
occupant and commercial occupant shall enter into an agreement for residential solid waste
collection services or commercial solid waste collection services with a person other than the
franchisee having the exclusive franchise for collecting solid waste, recyclables, yard waste and
other compostables, except as otherwise specified; and
WHEREAS, Chapter 8.68 of the Poway Municipal Code further specifies that no person
shall provide any solid waste collection or transportation services for which a special permit is
required by the Poway Municipal Code without first obtaining a special permit; and
WHEREAS, the fee for such special permit shall be determined by resolution of the City
Council; and
WHEREAS, the fee established for each category of service provision delineated in
Section 8.68.540 of the Poway Municipal Code shall serve to offset the City's administrative
costs associated with:
processing the permit application;
ensuring compliance with all applicable provisions of the Poway
Municipal Code;
implementation of AB 939 mandates, including the compilation of
solid waste collection and diversion data from each category of
special permittee, and reporting of that data to the California
Integrated Waste Management Board; and
providing educational materials and support regarding solid waste
management; and
WHEREAS, the fee established for each category of service provision delineated in
Section 8.68.540 of the Poway Municipal Code shall further serve to offset the City of Poway's
costs associated with the maintenance and repair of public streets and rights-of-way traversed by
the vehicles of each category of special pe~mittee when performing operations in the Poway City
limits.
Resolution No. 95- 100
Page 2
NOW, THEREFORE, BE IT RESOLVED, that:
Section 1: Resolution No. 90-227 is hereby rescinded.
Section 2: The fee for a special permit to provide solid waste collection or transportation
services in the City of Poway shall be as follows:
a)
The fee for a special permittee providing service pursuant to Section 8.68.420 of
the Poway Municipal Code shall be $50 for up to ten (10) consecutive days of
service provided during the one-year term. An additional $50 fee shall be
required for each additional period of special service of ten (10) days (or fraction
thereof).
b)
The fee for a special permittee providing service pursuant to Section 8.68.430 of
the Poway Municipal Code shall be $500 plus $50 per commercial account per
year. The number of accounts shall be verified by the City at the beginning of
each permitted year.
c)
The fee for a special permittee providing service pursuant to Section 8.68.440 of
the Poway Municipal Code shall be established by the City Manager at the time of
issuance.
d)
The fee for a special permittee providing service pursuant to Section 8.68.610 of
the Poway Municipal Code shall be two and one-half percent (2 1/2%) of gross
receipts received for that portion of the special permittee's contract which serves
locations within the Poway City limits. Payment shall be rendered to the City of
Poway on a quarterly basis during the one-year term of the special permit.
e)
Special permits issued under b), c), and d) shall be reviewed on a fiscal year
basis.
PASSED, ADOPTED, and APPROVED by the City Co~.~_~cil of~e City 9f Powg~
California at a regular meeting thereof this 22nd day of Augu'~'t, 1~¢'~'~.~~,~]~
Bob Emery, Councilmember~----~---~
Presiding Officer
ATTEST:
' M~rjohe K. Wahlsten, City Clerk
Resolution No.95-100
Page 3
STATE OF CALIFORNIA )
)
COUNTY OF SAN DIEGO )
SS.
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify that the
foregoing Resolution No. 95 - 100, was duly adopted by the City Council at a meeting of said
City Council held on the 22 day of August, 1995, and that it was so adopted by the following
vote:
AYES:
CAFAGNA, EMERY, REXFORD
NOES: NONE
ABSTAIN: NONE
ABSENT: CALLERY, HIGGINSON
Marjorie K.~Watdsten, City Clerk
City of ~..~y