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HomeMy WebLinkAbout92-31 Amending Code Pertaining to Garbage, Refuse, and Recyclable Materials CollectionORDINANCE NO. 92-31 AN ORDINANCE OF THE CITY COIINCIL OF THE CITY OF COBTA MESA, CALIFORNIA, AMENDING ARTICLE 1, CHAPTER IV OF TITLE 8 OF THE COSTA MESA 1dIINICIPAL CODE PERTAINING TO GARBAGE, REFIISE liND RECYCLABLE MATERIALS COLLECTION. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Costa Mesa does hereby find as follows: WHEREAS, the City Council has the authority to regulate solid waste enterprises pursuant to California Public Resources Code Sections 40059 and 41954 for the collection and disposal of solid waste and recyclables from residential units, commercial units and industrial units, within the City of Costa Mesa; WHEREAS, the City Council may impose fees pursuant to California Public Resources Code Sections 41901 and 41902 to fund the cost of implementing the City of Costa Mesa Source Reduction and Recycling Element, and, by agreement, arrange for these fees to be collected by solid waste enterprises providing solid waste collection for the City of Costa Mesa. NOW THEREFORE, the City Council of the City of Costa Mesa does hereby amend Article 1 of Chapter IV of Title 8 of the Costa Mesa Municipal Code. Section 2. Article 1 of Chapter IV of Title 8 of the Costa Mesa Municipal Code is hereby amended to read as follows: "ARTICLE 1. SOLID WASTE COLLECTION. Sec. 8-76. Definitions. The following terms as used in this Article shall, unless the context already indicates otherwise, have the respective meanings herein set forth: (a) Collection: The operation of gathering together and transporting solid waste to the point of disposal. (b) County: County of Orange. (c) Commercial units: Any commercial business establishment including, but not limited to, hotels, motels, offices and professional buildings, and retail establishments of all kinds, including supermarkets, filling stations, department and variety stores. (d) Disposal: The complete operation of treating and disposing of the accumulations of refuse and of the product or residue arising from such treatment. (e) Disposal station: A facility established, maintained and operated by the City or the County for the disposal of refuse. (f) Garbage: Solid waste as defined in California Public Resources Code Sections 40191 and 49503. (g) Multi-family residential units: A permanent building containing two (2) or more dwelling units including, but not limited to, mobilehome parks. (h) Hazardous waste: Means (i) all waste defined or characterized as hazardous waste by the Federal Solid Waste Disposal Act (42 USC 3251 et seq.), as amended, including the 2 Resource Conservation and Recovery Act of 1976 (42 USC 6901 et seq.) and all future amendments thereto, or regulations promulgated thereunder; and (ii) all waste defined in California Public Resources Code Section 40141 or characterized as hazardous waste by the principal agencies of the State of California (including without limitation the Department of Health Services and the California Waste Management Board) having jurisdiction over hazardous waste generated by facilities within such state; provided that the term "hazardous waste": (1) Is intended to mean and include those substances which are not normally expected to be disposed of by generally accepted sanitary landfill disposal methods; (2) Shall include radioactive wastes; and (3) Shall be construed to have the broader, more encompassing def inition where there exists a conflict in the definitions employed by two (2) or more governmental agencies having concurrent or overlapping jurisdiction over hazardous waste. (i) Industrial units: Any business establishment engaged in manufacturing, warehousing, construction, and/or demolition. (j) Infectious waste: Means solid waste capable or producing an infection or pertaining to or characterized by the presence of pathogens or medical waste as regulated by the Medical Waste Management Act (California Health and Safety Code Section 25015 et 3 al.). It includes but is not limited to certain wastes generated by medical practitioners, hospitals, nursing homes, medical testinq labs, mortuaries, taxidermists, veterinarians, veterinary hospitals, medical testing labs, and any waste which includes animal wastes or parts from slaughterhouses or rendering plants. (k) Intermediate processing facility: A solid waste transfer or processing station or facility as defined in California Public Resources Code Section 40200. (1) Material recovery facility: A solid waste facility where source-separated recyclables are processed and recovered. (m) Permittee: Any person or solid waste enterprise who collects, hauls or disposes of any form of solid waste, hazardous waste or infectious waste for compensation pursuant to a permit issued under this section. (n) Public highway: Any public street, alley, road, public place or highway open to and used by the traveling public and not used as a private right-of-way. (o) Recycling: The process of collecting, sorting, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream as defined in California Public Resources Code Section 40180. (p) Recyclable material: Solid waste material that through a process of collecting, sorting, cleansing, treating and reconstituting is returned to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. 4 (q) Refuse: Solid waste as defined in California Public Resources Code Sections 40191 and 49503. (r) Residential units: Al1 those dwelling units not included in the definition of multi-family residential units unless otherwise designated by the City. (s) Scavenge: The unauthorized removal of any recyclable materials as defined by California Public Resources Code Sections 41950 and 41951 or solid waste without a permit under this Article. (t) Solid waste: All solid waste as defined in California Public Resources Code Sections 40191 and 49503. (u) Solid waste enterprise: A solid waste enterprise as defined in California Public Resources Code Section 49504. (v) Solid waste handling services: A solid waste handling service as defined in California Public Resources Code Section 49505. (w) Transfer station: A solid waste transfer or processing station or facility as defined in California Public Resources Code Section 40200. Sec. 8-77. Permit. (a) No person shall collect any solid waste, hazardous waste or infectious waste upon, along or across any public highway in the City from any commercial, industrial or multi-family residential units, or residential units without first applying for and receiving all permits required from the City. In addition to the permit required under this Article, a business license must be obtained prior to doing business within the City, and a separate 5 vehicle permit for each and every vehicle used for collecting solid waste, hazardous waste or infectious waste and setting of containers within the City right-of-way. The permittee shall place each permit issued pursuant to this Article in the lower right front window of the vehicle so that it is clearly visible from the street. (b) The City shall develop and implement a procedure for evaluating the performance of any and all permittees operating under the provisions of this Article. Permitted haulers shall submit quarterly reports to the Director of Public Services from a State certified facility documenting gross tonnage collected and net tonnage diverted except that tonnage for bins exclusively used for industrial construction or demolition may be certified and documented to the City by the permittee based on volume or other types of receipts from the receiving facility. The City reserves the right to randomly select trucks to have weighed by a State certified facility to ensure compliance. All costs for random weight measurements will be borne by the permittee. Such a facility must have the ability to process recyclable materials in preparation for end-user markets. Failure to provide said reports within thirty (30) days will result in suspension of the permit until tonnage reporting is submitted to the Director of Public Services. If said reports are not submitted within forty-five (45) days of the end of each quarter, the hauler's permit in effect at the time of the violation will be revoked as provided in Section 8- 6 79. Failure to meet minimum diversion rates will result in the revocation of the permit as provided in Section 8-79. (c) Any person or solid waste enterprise who is issued a permit pursuant to this Article shall comply with all of the regulations in this Article including but not limited to the source reduction and recycling provisions of Section 8-84. (d) Any person or solid waste enterprise desiring to obtain a permit to remove or convey any solid waste, hazardous waste or infectious waste upon or along any public highway within the City from any commercial, industrial or residential multi-family unit(s) , or residential unit(s) , shall sign and file an application with the City and pay a permit application fee established by resolution of the City Council. To the extent permitted by law, the information submitted in the application shall be kept confidential. (e) Each permit application shall be filed with the Public Services Department and shall include the following information: (1) The name and address of the applicant. (2) The type of solid waste, hazardous waste or infectious waste to be collected in each of the applicable areas: industrial, commercial, multiple family residential, and/or residential. (3) The approximate amount of tonnage of solid waste to be collected in each of the applicable areas to be served by permittee; industrial, commercial, multiple family residential and/or residential. 7 (4) For hazardous waste and infectious waste, written proof that the person or solid waste enterprise has obtained all necessary permits from the County, State of California and Federal agencies for the collection of such waste and has insurance coverage for the transport and disposal of such waste. (5) A written source reduction and recycling plan with details and time frame for implementation on how the permittee will provide the programs to its customers as required by the City of Costa Mesa Source Reduction and Recycling Element which include but are not limited to all of the following: A. Reduction of solid waste to achieve a twenty-five percent (25�) diversion rate by January 1, 1995, through source reduction, recycling and composting. B. Reduction of solid waste to achieve a fifty percent (50�) diversion rate by January 1, 2000, through source reduction, recycling and composting. C. Economic incentives to achieve the diversion rates set forth in subparagraphs A and B. D. Technical, instructional, promotional, and educational programs to achieve the diversion rates set forth in subparagraphs A and B. E. Composting programs to facilitate the achievement of the diversion rates set forth in subparagraphs A and B. F. Special waste programs. (6) Any other information or additional financial information from the permittee if at any time such information is found to be S necessary by the City Council. The permittee will provide a certified copy of the permittee's last fiscal year's financial report, audited by a Certified Public Accountant. All financial information contained in the permit application made to the City pursuant to this Article shall be deemed to be conf idential and shall be retained by the City for its use and, under no circumstances, will such information be released to anyone other than the permittee without the consent of the permittee. (7) The Costa Mesa Sanitary District ("CMSD") will continue its franchise for all single-family residential and multi-family residential receiving curbside service. No other permittee will be allowed to operate in areas governed by the CMSD. Sec. 8-78. Issuance or denial of permit. (a) When an application has been made to the City for a permit pursuant to this Article, it shall be the duty of the Director of the Public Services Department to consider the matter; and he or she shall have the right to grant, condition or deny the permit request, and such decision shall be subject to an appeal to the City Council pursuant to Chapter IX of Title 2 of this Code. In granting, conditioning or denying the permit request, the Director of Public Services and the City Council may take into consideration factors, including, but not limited to, the following: (1) The ability of the permittee to comply with the solid waste handling service standards enumerated in this Article. 9 (2) The ability of the permittee to comply with the equipment standards enumerated in this Article. (3) The ability of the permittee to comply with the provisions regarding insurance or bonds enumerated in this Article. (4) The ability of the permittee to provide programs and comply with the City of Costa Mesa Source Reduction and Recycling Element and implement the source reduction and recycling plan proposed by the permittee pursuant to paragraph (5) of subsection (e) of Section 8-77. (b) The decision by the City Council on a permit application shall be final. (c) No permit granted pursuant to this Article shall be assiqned or transferred without the consent of the Director of Public Services. The term of the permit shall be for a one (1) year period and must be renewed on an annual basis. No permit granted pursuant to this Article shall limit the right of the City to grant an exclusive or non-exclusive franchise for solid waste handling services in the City. A permit issued under this Article shall not grant the permittee rights under California Public Resources Code Section 49520, where at the time the permit is granted the permittee did not have a right to continue service under such section. 10 Sec. 8-79. Revocation of permit. (a) In the event that any person or solid waste enterprise holding a permit to solid waste, hazardous waste, or infectious waste upon or along any public highway within the City from any commercial, industrial or multi-family residential unit(s), or residential unit(s) violates any of the conditions of such permit, provisions of this Article or any other ordinance, statute or regulation relating to the collection, storage or disposal of solid waste, hazardous waste or infectious waste, or collects such solid waste in an unlawful, improper or unsanitary manner, it shall be the duty of the Director of Public Services to revoke such permit issued to such person or enterprise as provided by this section. (b) The Director of Public Services shall revoke a permit by issuing a written order to the permittee and the order shall state the grounds for such revocation, and that if proof of compliance is not provided to the Director of Public Services within ten (10) days from the date of the written order, the permit will be revoked fifteen (15) days from the date the order was mailed. The order shall be mailed by certified mail to the permittee. The written order shall be subject to an appeal to City Council pursuant to Chapter IX of Title 2 of this Code. (c) If a permit is revoked, no permit shall be thereafter granted to such person to collect solid waste, hazardous waste or infectious waste in the City until such time as the permittee can prove the ability to comply with this ordinance. Sec. 8-80. Equipment Requirements. 11 (a) Vehicles used by the permittee for solid waste handling services shall be approved by the Director of Public Services or his or her designee and shall be in safe and operable condition. Vehicles shall be painted with the firm name on each side at a minimum of three-inch-high letters. No materials shall leak, fall or be spilled from any such vehicle or bin attached thereto. Vehicles shall be equipped with shovels and brooms to clean up spillage. Equipment bodies shall be of inetal and watertight. Vehicles must pass City approved inspections and meet applicable air quality and vehicle emissions standards. Truck bodies shall be closed when used to transport solid waste, hazardous waste or infectious waste contents to places of disposal or separation for recycling. The maximum gross weight imposed by the wheels of any one (1) axle shall not exceed twenty thousand (20,000) pounds. Vehicles shall be operated in such a manner as to minimize their exterior noise levels in the City. Vehicles must conform to the California Vehicle Code and all other applicable laws and are subject to inspection at any time by the City or the California Highway Patrol. (b) Each vehicle required to have a permit, pursuant to this Article, must pass a California Highway Patrol Biannual Inspection of Terminals for each vehicle or other inspection approved by the Director of Public Services. Proof of inspection is required to be submitted to the Public Services Department twice per year. Failure to pass the vehicle inspection may result in denial or revocation of the permit. i2 (c) Each container of a residential unit utilizing curb-side service shall comply with the requirements of the CMSD. The Director of Public Services shall have the authority to approve new container(s) at any time. (d) Containers to be used by industrial and commercial units and multi-family units not utilizing curb-side service shall be provided by the permittee. Containers shall have the name and the phone number of the permittee clearly visible on two (2) sides in letters not less than three (3) inches in height. Containers shall be of a design and size to contain all the contents therein in such manner as to promote good housekeeping conditions. The owner of such containers shall maintain them in a safe and sanitary condition. The Director of Public Services shall have the authority to approve new containers at any time. (e) All permittees shall maintain their containers to present a well-kept appearance and ensure that the container area is left clean of debris and refuse after pickup or delivery. Users shall be responsible for the cleanliness of the containers and sanitary conditions of the surrounding area between services. Sec. 8-81. Service Standards. (a) In all areas of the City pickup shall be at least once per week. Pickups shall not be made between the hours of 8:00 p.m. and 7:00 a.m., unless otherwise approved by the Director of Public Services or CMSD. No collection will be allowed on Sundays or between the hours of 8:00 p.m. and 7:00 a.m. on weekdays or weekends unless requested and specifically approved by the Director 13 of Public Services. In the event of a holiday, pickups shall be completed one (1) day later than the regularly scheduled collection day. The following are considered to be holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day. (b) The schedule for collection from commercial, industrial and multi-family residential units shall be determined by the permittee and o�cupants of such units and subject to review by the Director of Public Services. (c) Unless otherwise directed by the Director of Public Services, or subject to contract with the CMSD, all collections of refuse from residential units shall be made from the curb along the street in front of each dwelling, or human habitation, except that where paved alleys exist in the rear of such properties, collections shall be made from such paved alleys; provided, that this requirement shall not apply to a blind alley or alley the width of which will not accommodate the vehicle used for collection. On the day prescribed for collection and removal of refuse pursuant to the route published by the Director of Public Services, containers shall be placed adjacent to the street curb in front of the premises or in the refuse alley in the rear of or at the side of the unit not before 5:00 p.m. on the day prior to the day prescribed for the collection of refuse. No person shall place any container in any street or alley of the City at any time or place other than as above provided, or allow any container placed by him in any such street or alley to remain there or be visible 14 from said street after 12:00 midnight on the day the container has been emptied by the agents, servants or employees of the City or any permittee with whom it has made a contract or permit for such purpose. (d) The permittee, his agents, and his employees, shall not throw refuse containers from the truck to the pavement, or in any other way damage or roughly handle the same. All containers shall be placed in an upright position. (e) The permittee shall be allowed, unless specifically forbidden to do so by the owners or occupants, to enter private courts or places or other private property to make collections under a contract or permit, except in drive-in eating places and drive-in markets where refuse is kept in a paved service yard and where the same shall be picked up from such service yard when deposited there. (f) The permittee shall maintain a place of business at some fixed place within the County and shall maintain a telephone, listed in the telephone directory in his own name or in the firm name by which he is most commonly known. At all times during the hours between 8:00 a.m. and 5:00 p.m. of each day upon which collections are made, said office must be staffed to receive complaints regarding collection. An emergency number shall be made available to City Hall for the hours between 5:00 p.m. and 8:00 a.m. and for days upon which collections are not made. (g) If for some reason refuse is not collected, the permittee will leave a tag at least two (2) inches by six (6) inches 15 explaining why on the receptacle or bundle. The condition referred to on said tag must be corrected within one week. The permittee shall be required to maintain daily logs of all tags issued stating the location, and the reason for refusing collection. (h) The permittee shall, in person or by his agent, visit the office of the Director of Public Services at such times as the Director of Public Services shall designate for the purpose of discussing any matters or subject relating to, and any complaints which may concern the performance of his or her permit. The permittee shall report back to the Director of Public Services within the next working day regarding any action or procedure taken with reference to complaints or other matters discussed. (i) In the event of a natural disaster, earthquake, storm, fire or other extraordinary occurrence that may tend to generate abnormal amounts of refuse, the City may require additional collection upon agreement between the City Manager and the permittee. (j) In the event that service is interrupted due to labor disputes or other events impacting the health, safety and welfare of the citizens of the City, the City shall have the right to take over and operate any and all equipment of the permittee in order to continue service pursuant to the terms of the contract or permit if it is determined by the City Manager to be necessary to the health, safety and welfare of the citizens of the City. If necessary, in the judgment of the City Manager, City employees may operate said equipment. . 16 Sec. 8-82. Insurance and Bonds. (a) The permittee shall at all times keep fully insured, at his or her own expense, all persons employed by him, in connection with the contract as required by Workers' Compensation Insurance and Safety Act of the State, and shall hold the City free and harmless from all liabilities that may arise by reason on the injuries to any employee of the permittee who are injured while performing any work or labor necessary to carry out the provisions of a contract or permit. The permittee, during the life of the permit, shall keep on file with the City Clerk evidence that the permittee is fully and properly insured as required by such act. (b) If necessary, in the judgment of City Council, the permittee shall deposit with the City a cash deposit or a performance bond guaranteeing the performance of any permit which he may have with the City. The cash deposit or bond shall be in the amount and in a form approved by the City Attorney. (c) The permittee shall indemnify the City, its officers and employees, against, and hold the City, its officers and employees, harmless from, any claims asserted against the permittee on account of the negligence of the permittee or its employees, by employees of the permittee or by third parties, arising out of personal injuries or property damage, including hazardous material clean up costs and penalties, suffered by any such persons on account of the operations of the permittee hereunder. The permittee shall provide and maintain in effect, bodily injury, property damage and environmental liability insurance with limits in an amount approved 17 by the City Attorney and as set forth in the permit granted. The permittee shall have the City, its officials and employees named as an additional insured under each of the aforementioned policies, and such policies shall be endorsed to require thirty (30) days written notice to the City prior to any cancellation thereof. The permittee shall furnish to the City certificates evidencing that the insurance required hereunder is in effect and such certificates shall be in a form approved by the City Attorney. Sec. 8-83. Regulations. (a) It shall be unlawful for any person to place, deposit or dump or cause to be placed, deposited or dumped any solid waste, hazardous waste or infectious waste in or upon any private property or in or upon any property which the public is admitted by easement or license without the consent of the owner, or in or upon any public highway or private road, alley, or driveway in common use or upon any public property other than property designated or set aside as a disposal station for such propose by resolution of the City Council or the County Board of Supervisors. (b) It shall be unlawful for any person to place, deposit or dump solid waste, hazardous waste or infectious waste of any kind whatsoever upon any private or public property within a distance of one thousand (1,000) feet from any public highway in the City, or within a distance of five hundred (500) feet from any established residence or dwelling house within the City, or to cause or suffer or permit such solid waste, hazardous waste or infectious waste to be placed, deposited or dumped upon any public or private property �s within a distance of one thousand (1,000) feet of any public highway or within a distance of five hundred (500) feet of any established residence or dwelling house in the City, without first having obtained a use permit pursuant to the zoning laws of the City, County, and State of California, or pursuant to any other zoning law that may be hereafter adopted in the place and stead of said zoning laws of the City . The provisions of this subsection shall not apply to solid waste, hazardous waste or infectious waste placed into a container for pick-up by a solid waste enterprise operating pursuant to a permit issued under this Article. (c) No person shall burn any solid waste, hazardous waste or infectious waste within the City without having first complied with all rules and regulations of the City, the County, the South Coast Air Quality Management District and the State. (d) No person shall scavenge or bury any solid waste, ha2ardous waste or infectious waste within the City. (e) Special arrangements must be made and permits issued by the County, State of California, and Federal agencies for the disposal of any of the following items: ammunition; explosives; industrial waste; chemicals; infectious; hazardous and radioactive waste; acids; drugs; medicines; human feces; unwrapped animal feces; and items which are too large for the collection equipment or which may damage the collection machinery such as large pieces of inetal, machine parts, logs and tree stumps. (f) Branches of trees, hedges, etc., shall be cut in lengths o€ not over four (4) feet and placed in containers or tied into 19 bundles not exceeding fifty (50) pounds. Al1 vacuum cleaner dust sweepings or ashes shall be wrapped and placed in the container. Newspapers and magazines may be bundled in bundles not exceeding fifty (50) pounds maximum. All metal containers may be placed in an enclosed container or wrapped in bundles not exceeding fifty (50) pounds maximum. In areas of curbside refuse collection, the requirements of this subsection are superseded by any requirements of the CMSD. (g) It shall be unlawful for a person or solid waste enterprise to commingle solid waste collected from within the jurisdiction of the City of Costa Mesa with solid waste collected from any other jurisdiction. A violation of this subsection shall result in the revocation of the permit pursuant to Section 8-79. Sec. 8-84. Source Reduction and Recycling. (a) This section is enacted for the purpose of compliance with the California lntegrated Waste Management Act of 1989 in accordance with California Public Resources Code §§ 40000 et seg. ("Act.") The City has adopted a Source Reduction and Recycling Element and Household Hazardous Waste Element pursuant to said Act which provides for the imposition and collection of charges to fund the preparation, adoption and implementation of said elements. Such charges shall be determined, fixed and established by the City Council by resolution. Such charges may be changed by the City Council from time to time by resolution. (b) A permittee, as a condition of the permit, shall comply with the following source reduction and recycling requirements: 20 (1 j The permittee shall take all necessary steps to cause the industrial, commercial, multi-family residential units, and residential units who produce solid waste subject to the permit and the Act to divert solid waste as required by California Public Resources Code Section 41870 through source reduction, recycling and composting. The Public Services Director or his or her designee may specify intermediate source reduction or diversion rates for the time periods prior to January 1, 1995, and January 1, 2000, to assure that the statutory diversion rates are achieved. (2) The permittee shall provide and implement a source reducing and recycling plan for its customers to comply with the programs specified in the City Source Reduction and Recycling Element, and submit quarterly reports to the Public Services Department summarizing its progress in diverting solid waste generated by its customers in the City as required by California Public Resources Code Section 41870 and 41821. The quarterly reports must identify the tonnage collected, tonnage recycled, tonnage composted, percentage of waste recycled and/or composted, materials recycled, and the progress and programs implemented during the reporting period. ( 3) As a permittee of the City, the permittee shall be an authorized recycling agent of the City and shall become the owner of all solid waste and recyclable 21 materials, and hazardous waste and infectious waste collected pursuant to the permit. The permittee is solely responsible for arranging for the collection, transportation, recycling, and disposal of all solid waste, hazardous waste or infectious waste collected pursuant to the permit. The recyclables become the property of the permittee once placed in the collection bin. (4) The permittee shall collect a Source Reduction and Recycling fee as imposed by resolution of the City Council pursuant to the California Public Resources Code Section 41902 and this section. (c) Failure of the permittee to comply with the provisions of this section shall subject the permittee to civil penalties as determined and approved by City Council pursuant to California Public Resources Code Section 41954. (d) Notwithstanding the provisions of Section 8-83, a person or entity owning or occupying an industrial, commercial, multi- family residential, or residential unit shall be permitted to create and use compost, as defined in California Public Resources Code Section 40116, on the private or public property that such person or entity owns or occupies. (e) The requirements of this section shall apply to the solid waste handling services provided by the solid waste enterprise under contract with the CMSD. 22 Section 3. Section 8-89 of the Costa Mesa Municipal Code is renumbered to become Section 8-85. Section 4. Sections 8-86, 8-87, 8-88 and 8-89 of the Costa Mesa Municipal Code are hereby repealed and reserved for future use. Section 5. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such holding or holdings 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 section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. Publication. This Ordinance shall take effect and be in full force and effect thirty (30) days from and after its passage and, before the expiration of fifteen (15) days after its passage, shall be published once in the NEWPORT BEACH-COSTA DAILY MESA PILOT, a newspaper of general circulation printed and published in the City of Costa Mesa, or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the of f ice of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and Z3 shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this �g� day of �1993. Mayor of the City of Costa Mesa ATTEST: APPROVED AS TO FORM: . ��c�.�.J �./ ` � ��_'_" _ C'ty Clerk of the City of Cost Mesa City Attorney 24 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 Ordinance No. 93- �l was introduced and considered section by section at a regular m eti:ng of said City Council held on the �� day of �C�Q��i�ut� , 199.'�, and thereafter passed and adopted as whole at a regular meeting of said City Council held on the L��day of , , 1993, by the following roll call vote: AYES: COUNCIL MEMBERS: �� + � � y����``' � � NOES: COUNCIL MEMBERS: �''i.�yc-2� ABSENT: COUNCIL MEMBERS: /��-� IN WITNESS WHEREOF, I have hereunto et my hand and affixed the Seal of the City of Costa Mesa this ��day of , 1993. ,e�c.Q�.yC1 C ty Clerk and ex-officio Cler of the City Council of the City Costa Mesa 25