Item 11 - Proposed Resolution Special Permit Collection of Solid Waste & Recyclables
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(( AGENDA REPORT
CITY OF POW A Y
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REV I SED
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TO: Honorable Mayor and Members of the City Council
FROM: James 1. Bowersox, City Man~
INITIATED BY: John D. Fitch, Assistant City Manage~t
James R. Williams, P,E., Director ofP lic Services
Annette R, Gonzalez, Sr. Management Analystpf.Y
DATE: August 22, 1995
SUBJECT: Proposed Resolution Establishing Special Permit Fees for the
Collection of Solid Waste and Recyclables, and Rescinding Resolution
No. 90-227
BACKGROUND
This item was first placed on the August 8, 1995 City Council Agenda. It was continued to the
August 22, 1995 meeting to allow staff to meet with the affected parties. Since the time this
report was prepared, the City Manager and Superintendent of the Poway Unified School District
have discussed this matter,
FINDINGS
Following discussions with the Poway Unified School District, Staff recommends that the fee for
special permittees serving other governmental entities be reduced from five percent (5%) to two
and one-half percent (2 1/2%) of gross receipts received for that portion of the contract serving
the Poway City Limits. The proposed resolution has been revised to reflect this change.
ENVIRONMENTAL REVIEW
This action is not subject to CEQA review,
ACTION:
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Resolution Establishing Special Permit Fees--Addendurn
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August 22. 1995
FISCAL IMPACT
Adoption of the proposed resolution would result in increased revenues to the City for each
permit issued, The revenue would be used to offset costs incurred by the City in carrying out
state and local solid waste regulations and diversion requirements,
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Copies of this addendum have been provided to Coast Waste Management, Poway Unified
School District, and Mashbum Waste and Recycling Services,
RECOMMENDA TION
It is recommended that the City Council adopt the proposed resolution, as revised, establishing
special permit fees for the collection of solid waste and recyclables, and Rescind Resolution No,
90-227,
Attachments: (1) Proposed Resolution (revised)
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RESOLUTION NO, 95- .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POW A Y,
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 aU 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 Po way's
,- costs associated with the maintenance and repair of public streets and rights-of-way traversed by
the vehicles of each category of special permittee when performing operations in the Poway City
limits,
AUG 2 2 1995 ITEM 11
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Resolution No, 95-
Page 2
NOW, THEREFORE, BE IT RESOLVED, that:
Section I: 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 Po way 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 ft..e l'ereent (5%) lwOand oIle"halfpercent
(21/2%) 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 Po way 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 Council of the City of Po way,
California at a regular meeting thereof this 22nd day of August, 1995.
ATTEST:
Marjorie K, Wahlsten, City Clerk
AUG 2 2 1995 ITEM 11
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