ITEM 6-C

City Council Meeting  7-12-94           Santa Monica, California

                               STAFF REPORT

TO:       Mayor and City Council

FROM:     City Attorney

SUBJECT:  Ordinance regarding the establishment and collection of
          user fees and fees for services

          At its meeting on June 28, 1994, the City Council
introduced for first reading an ordinance regarding the
establishment and collection of user fees and fees for services. 
The ordinance is now presented to the City Council for adoption.

                              RECOMMENDATION

          It is respectfully recommended that the accompanying
ordinance be adopted.

PREPARED BY:  Marsha Jones Moutrie, City Attorney


                           ORDINANCE NUMBER ____

                           (City Council Series)

                 AN ORDINANCE OF THE CITY COUNCIL OF THE
            CITY OF SANTA MONICA REGARDING THE ESTABLISHMENT
            AND COLLECTION OF USER FEES OR FEES FOR SERVICES

     WHEREAS, the City from time to time authorizes fees for 
services or user fees which represent a cost or portion of the
cost to the City of providing particular services to individual
persons rather than to the general public;

     WHEREAS, as a matter of law, such fees may be, and are,
imposed and set by various procedures;

     WHEREAS, the City wishes to make clear its intent to utilize
all of the various means available to impose and set fees; and

     WHEREAS, in the event that it may be deemed necessary to
pursue legal remedies for collecting user or service fees, the
City wishes to ensure that all lawful means of enforcement shall
be available;

     NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:

     SECTION 1.  Chapter 2.72 is added to the Santa Monica
Municipal code to read as follows:

                               Chapter 2.72
                        FEES FOR MUNICIPAL SERVICES         
          
          Section 2.72.010  Fees For Municipal Services.
               The City may establish and set the amount of
          user fees or fees for services which are provided
          to or benefit particular individuals rather than
          the general public.
          
          Section 2.72.020  Method of Setting Fees
               A user fee or fee for services may be set by
          ordinance by a resolution adopted by the City
          Council, or by any other means authorized by law.
          
          Section 2.72.030  Responsibility For Payment 
               Any person who is charged a user fee or fee
          for services by the City shall pay that fee as
          soon as it becomes due.
          
          Section 2.72.040  Remedies
               The City may collect any user fee or fee for
          services which is due and owing through a civil
          action.  However, this express statement of the
          City's power to pursue a civil remedy does not
          constitute and shall not be construed as a
          limitation upon any power to institute criminal
          proceedings.
          
               SECTION 2.  The provisions of this Ordinance are declarative
of existing law.   

     SECTION 3.  Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to
effectuate the provisions of this Ordinance.

     SECTION 4.  If any section subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance.  The City Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, clause, or phrase, not declared
invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or
unconstitutional.
    
     SECTION 5.  The City Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.

APPROVED AS TO FORM:

__________________________
MARSHA JONES MOUTRIE
City Attorney