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REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 4, 2010 TITLE: ORDINANCE AMENDING THE SANTA ANA MUNICIPAL CODE RELATING TO RECYCLING L'A' a-- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Amend the ordinance Solid Waste Collection Regulations Article III to Chapter 16 of the Santa Ana Municipal Code relating to exclusivity and exclusions thereto (recycling). DISCUSSION The Public Works Agency manages the City's refuse and recycling programs and contracts. The City currently has two authorized refuse and recycling haulers, Waste Management and Ware Disposal. Waste Management is the exclusive hauler for all waste types with the exception of construction and demolition debris. Ware Disposal is only authorized to haul construction and demolition debris. The City's municipal code requires all generators to contract for service with an authorized hauler. The exception to this rule allows generators to donate or sell their recyclables; however, the generator is not allowed to pay the buyer or donee any compensation in lieu of collection fees. However, it does not specifically limit a third party from arranging for collection service and charging a fee for that service. Recently, there has been an increase in reported incidents of refuse and recycling services being provided by unauthorized haulers through service contracted by a third party. The proposed change to the ordinance will help to eliminate this practice and limit a generator of recyclable material to donating or selling the materials. The changes will give the Public Works Agency additional tools to ensure that City ordinances are enforced. 5OA -1