HomeMy WebLinkAbout93-14 - Fee for Source Reduction and Recycling Element1
RESOLUTION NO. 93-14
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING
A FEE PERTAINING TO THE IMPLEMENTATION OF THE
CITY OF COSTA MESA SOURCE REDUCTION AND
RECYCLING ELEMENT.
WHEREAS, California Public Resources Code Sections 41901 and 41902 enables cities
to charge fees for solid waste services provided that the fees do not exceed the reasonable cost
of providing those services; and
WHEREAS, the City Council adopted an ordinance regulating solid waste enterprises;
and
WHEREAS, the City conducted a fee study establishing the costs of implementing the
Costa Mesa Source Reduction and Recycling Element pursuant to California Public Resources
Code Sections 41901 and 41902, and the study is attached as Exhibit "A" and incorporated
herein; and
WHEREAS, this study was available for public inspection and review fourteen (14) days
prior to this public hearing; and
WHEREAS, pursuant to Government Code Sections 66016 and 66018, notice was mailed
to all interested parties on record fourteen (14) days prior to this public hearing; and
WHEREAS, the City Council has evaluated justification for establishment of the fee
given economic and social factors, as well as average fees charged by surrounding cities;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa
that a charge of seventy-five cents (75C) per ton shall be instituted upon all solid waste haulers'
customers on the effective date of Ordinance 92-31 but no sooner than 60 days after the adoption
of this resolution, pursuant to Government Code Sections 66016 and 66018.
BE IT FINALLY RESOLVED that the above fee will be evaluated as determined by the
Director of Public Services.
PASSED AND ADOPTED this 1st day of March, 1993.
ATTEST:
City Clerk of the City of Costa Mesa
Mayor of the City of Costa Mesa
321
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City
of Costa Mesa, hereby certify that the above and foregoing Resolution No. 93-14 was duly and
regularly passed and adopted by the said City Council at a regular meeting thereof held on the
1st day of March, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City
of Costa Mesa this 2nd day of March, 1993.
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City Clerk and ex -officio Clerk of th
City Council of the City of Costa Mesa
FEE STUDY WMISIT "W'
FOR
IMPLEMENTATION OF
COSTA MESA SOURCE REDUCTION
AND RECYCLING ELEMENT
BASED ON TONNAGE
This study establishes the basis for the imposition of a new
user fee pursuant to California Government Code ("G.C.") Section
66016 and California Public Resources Code ("PRC") Sections 41900,
41901 and 41902.
The fee shall be used solely to reimburse the City of Costa
Mesa for the costs directly attributed to the implementation of the
Costa Mesa Source Reduction and Recycling Element ("SRRE") as
required by PRC Section 41901. The fee does not exceed the
reasonable estimated cost for such implementation services on an
annual basis as required by G.C. Section 66016.
The fee shall be the sum of ;.75 per ton of solid waste
deposited by the customers for collection by solid waste haulers
under permit with the City of Costa Mesa pursuant to Costa Mesa
Municipal Code ("CMMC") Sections B-76 through 8-84, inclusive. The
solid waste haulers shall collect the fee on a monthly basis from
the customer based on the average monthly tonnage of solid waste
collected from the customer within the City of Costa Mesa ( "City") .
The fee is based on the following reasonable estimate of costs
for the implementation of the SRRE:
I. Annual cost of implementation: $135,500
2. Annual tonnage collected in City: 178,860
Price per ton: ;.75
The documentation establishing the cost is attached as
Exhibit 1 and incorporated herein. The documentation establishing
the tonnages is in the SRRE. The tonnage in the SRRE is based on
a survey conducted in the City of Costa Mesa.
The manner in which the fee is to be imposed is reasonably
related to the need for the services and benefits received by the
customers and the cost of the implementation of the SRRE. The
monitoring and reporting services paid for by the fee implements
the SRRE to provide reasonably accurate reports to the State of
California pursuant to PRC Section 40000 et seq. The reports will
establish that the City is in compliance with the source reduction,
recycling and composting requirements of PRC Section 40000 et seq.
Exhibit for Resolution No. 93-14
Page 1 of 2
324
The customers will receive a benefit due to source reduction,
recycling and composting as stated in findings in PRC Section 40000
et seq.
The utilization of a fee based on tonnage is an equitable
method of allocating the cost of the services provided and benefits
received. The average monthly tonnage by customer is a method
accepted by the State of California pursuant to PRC Section
40061(a). Tonnage for a customer's unit shall be based on the
average number of standard- size containers collected each month.
The solid waste hauler shall use a container with a designated
weight per container for which an average monthly tonnage may be
calculated. Where several customer's units use one container, the
weight per container shall be prorated to each customer by the
solid waste hauler to calculate the average monthly tonnage per
customer's unit. A unit shall mean the residential dwelling unit,
multi -family dwelling unit, commercial unit or industrial unit as
defined in CMMC Section 8-76.
The hauler shall collect the fee from its customers on behalf
of the City.. The fee shall be the property of the City and shall
be held by the hauler in trust for City when collected by the
hauler. The fees collected by the hauler on behalf of the City
shall be collected at the same time as it collects the cost for
solid waste handling services and the fees collected shall be
deposited with and received by the Finance Department on or before
the 15th day of each month calendar quarter, or of such other
reporting period as may be established by the Finance Department,
after the collection of such fee from the industrial, commercial,
multi -family residential units or residential units covered by the
permit held by the hauler. Written reports on the collection of
the fee shall also be submitted at the time the fees are deposited
with the City and the reports shall be on a form specified by the
Finance Department. Failure to collect, deposit and report the
fees specified herein shall constitute a theft by the hauler and
subject him or her to criminal charges and/or civil penalties as
determined and approved by City Council pursuant to California
Public Resources Code Section 41954.
Once the fee is deposited with the City, the fee shall be
deposited in an account separate from the general fund with
interest thereon deposited back to such account. Records of the
deposits, interest, expenditures and refunds of the fees in the
account shall be maintained pursuant to G.C. Sections 66001 and
66006. The fee shall be subject to review by the Director of
Public Services every six (6) months to determine that the fee does
not exceed the cost of implementing the SRRE. Should the fee
require adjustment, the Director shall set the fee for public
hearing and adjustment by City Council as required by G.C. Section
66016.
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Exhibit for Resolution No. 93-14
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