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HomeMy WebLinkAbout10-69 - Amending Resolution 10-53RESOLUTION NO. 10- 69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING RESOLUTION 10-53. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: - WHEREAS,, at -its -meeting -of July -6, 201-0 the-City-Council-adopted-Resolut 10-53 increasing the solid waste hauler franchise fee; and WHEREAS, Resolution 10-53 included some language which inadvertently changed reporting and payment dates and included unnecessary language regarding penalties and late payments that are established by Ordinance; and WHEREAS, it is desirable to amend Resolution 10-53 to remove the inadvertent changes and eliminate the unnecessary language regarding penalties and late payments in order to avoid confusion. NOW THEREFORE, BE IT RESOLVED that the City of Costa Mesa City Council that Resolution 10-53 is amended as set forth in Attachment 1 to this Resolution. PASSED AND ADOPTED this 19th day of October, 2010. ATTEST: Q�6�_2;2� J ie Folcik, City Clerk Allan R. Mansoor, Mayor APPROVED AS TO FORM: Ki berly H II arlow, 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 is the original of Resolution No. 10-69 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 19th day of October, 2010, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: MANSOOR, LEECE, BEVER, FOLEY, MONAHAN 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 20th day of October, 2010. JU E FOLCIK, 61TY CLERK 0 Attachment 1 RESOLUTION NO. 10-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING THE SOLID WASTE HAULING FRANCHISE FEE. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the -City -Council -of -the -City -of -Costa -Mesa -adopted -Ordinance -No. 04-12 on November 15, 2004, that requires solid waste enterprises operating within the City to obtain a City franchise and pay a franchise fee; and WHEREAS, Ordinance No. 04-12 also provides in Municipal Code section 8-87 (c) that the amount of the franchise fee will be set by City Council resolution and the City Council hereby desires to set a new fee amount and adopt related procedural provisions for the fee's computation and collection. WHEREAS, the City Council has adopted Ordinance No. 07-19 on December 4, 2007 setting the penalties for late or,incorrect payment of franchise fees, and WHEREAS, the City Council desires to clarify the due dates of the quarterly franchise fee payments and remove reference to penalties and late payment fees which are set by Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COSTA MESA AS FOLLOWS: SECTION 1. FRANCHISE FEE. a. The previously adopted franchise fee is hereby increased to the amount of 16% of the annual gross receipts of a franchisee from its business conducted in the City of Costa Mesa. For the purpose of this resolution, gross receipts means and includes all monies, fees, charges, consideration, and revenue received by, or imputed to the franchisee and any affiliates, parent companies, subsidiaries and/or subcontractors of the franchisee, in connection with, arising from, or in any way attributable to the services carried out by or on behalf of the franchisee pursuant to a franchise granted under Costa Mesa Municipal Code section 8-87. b. This fee shall be paid quarterly by each franchisee to the City Finance Department ("Department"). Each payment shall be due within 30 days of the end of each calendar quarter, i.e. payments for the four quarters shall be due on April 30, July 31, October 31, and January 31 of each calendar year. Whenever the last day of a fixed and final period falls on a Saturday, Sunday or other legal Holiday, the due date will be extended to 5:00 pm of the next business day. Franchisees shall include with each payment the financial data requested by the Department for verifying that the amount of the fee complies with this resolution. c. No franchisee shall itemize the amount of the franchise fee as a separate amount or line -item in its bills to customers. SECTION 2. FINANCIAL AUDITS OF FRANCHISEES. a. The Department may order a financial audit of any franchisee pursuant to Costa Mesa Municipal Code ("CMMC") section 8-87 (f). The City Audit shall include a review of the franchisee's cash receipts records, solid waste tonnage collection, diversion, and other related records, as well as those of each of its parent, subsidiary and/or affiliate companies, as appropriate, to determine the franchisee's gross receipts, the accuracy of franchise fees paid, and such other information as shall be deemed appropriate by the City Finance Director to evaluate the franchisee's compliance with section 8-87. In connection with a City Audit, franchisees shall make available for review at their business offices detailed account records, such as the names and addresses of customers. b. A franchisee shall reimburse the City for the cost of a City Audit if the audit determines that the franchise fee for the audited period(s) has been underpaid in excess of five percent (5%) of the total required fee. Such reimbursement shall be paid by the franchisee within thirty (30) days of 1A the date the City notifies the franchisee in writing of the amount of the City's cost of the audit. SECTION 3. REPEAL OF PRIOR RESOLUTION. Effective October 1, 2010, City Council resolution No. 04-74 and 07-91 establishing the prior franchise fee for commercial waste haulers doing business in the City of Costa Mesa shall be repealed and amending and -restating -Resolution -1 -0=53 -which -was adopted ata Public Hearing on July 6, 2010. SECTION 4. EFFECTIVE DATE OF FRANCHISE FEE. The franchise fee rate set by this Resolution shall commence on October 1, 2010, and the first quarter fees shall be due to the City on January 31, 2011. Failure to pay any franchise fees or penalties assessed to a franchisee shall constitute grounds for revocation of the franchise pursuant to CMMC section 8-79. PASSED AND ADOPTED this 6th day of July, 2010. Allan R. Mansoor, Mayor ATTEST: Jul' Folcik, City Clerk APPROVED AS TO FORM: Ki `berly Hal. Barlow, City Attorney 3