HomeMy WebLinkAbout08-3 Relating to Solid Waste Franchise Fees and Franchise TypesORDINANCE NO. 08-3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, AMENDING SECTION
8-87 OF THE COSTA MESA MUNICIPAL CODE
RELATING TO SOLID WASTE FRANCHISE FEES AND
FRANCHISE TYPES.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
ORDAIN AS FOLLOWS:
WHEREAS, Costa Mesa Municipal Code section 8-87 establishes solid waste
franchises and fees; and
WHEREAS, the City Council of the City of Costa Mesa desires to amend
Subsection (c)(1) of Section 8-87 to allow holders of Class A franchises to serve single-
family residential units within the city's waste disposal jurisdiction, so long as they do not
interfere with the franchise held by the Costa Mesa Sanitary District.
WHEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 8-87(c)(1) of the Costa Mesa Municipal Code is hereby amended
to read as follows:
(1) Holders of Class A franchises ("Class A franchisees") may operate
any type of solid waste collection vehicle licensed and permitted by the
State of California to collect, transport, remove, dispose and/or recycle
any type of solid waste material generated by commercial, single-family
residential, multi -family residential or industrial units within the city's waste
disposal jurisdiction, except as provided in section 8-77(e)(7) of this
article. Such franchisees have the exclusive right to place and collect bins
and roll -off containers at commercial, single-family residential, multi -family
residential and industrial locations, excepting recycling firms that collect
materials free of charge or pay net positive revenue (inclusive of hauling
fees) for the materials collected.
Section 2. Inconsistencies. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies and no further, is hereby repealed or modified to that extent
necessary to effect the provisions of this Ordinance.
Section 3. Severability. If any chapter, article, section, subsection, subdivision,
sentence, clause,. phrase, or portion of this Ordinance, or the application thereof to any
person, is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of. the
remaining portion of this Ordinance or its application to other persons. The City Council
hereby declares that it would have adopted this Ordinance and each chapter, article,
section, subsection, subdivision, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or portions of the application thereof to any person, be declared
invalid or unconstitutional. No portion of this Ordinance shall supersede any local,
State, or Federal law, regulation, or codes dealing with life safety factors.
Section 4. This Ordinance shall take effect and be in full force thirty (30) days from
and after the passage thereof, and prior to the expiration of fifteen (15) days from its
passage shall be published once in the NEWPORT BEACH/COSTA MESA DAILY
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 office
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 shall post in the office of the City Clerk a certified copy of
this Ordinance together with the names and member of the City Council voting for and
against the same.
PASSED AND ADOPTED this 15th day of January, 2008.
ATTEST:
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Juli olcik, City Clerk
Eric Bever, Mayor
APPROVED AS TO FORM:
Kimberly Wall Barlow, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing Ordinance No. 08-3 was duly introduced for first reading at
a regular. meeting of the City Council held on the 2nd day of January, 2008, and that
thereafter, said Ordinance was duly passed and adopted at a regular meeting of the
City Council held on the 15th day of January, 2008, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: BEVER, MANSOOR, DIXON, FOLEY, LEECE
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 16th day of January, 2008.
JULI OLCIK, CITY CLERK
(SEAL)
I hereby certify that the above and foregoing is the original of Ordinance No. 08-3 duly
passed and adopted by the Costa Mesa City Council at the regular meeting held
January 15, 2008, and that Summaries of the Ordinance were published in the Newport
Beach -Costa Mesa Daily Pilot on January 9 and 23, 2008.
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JUL FOLCIK, CITY CLERK