HomeMy WebLinkAboutORD FOR ADOPTION 09-17-90 (2)DATE: September 12, 1990
TO: HONORABLE MAYOR AND CITY COUNCIL,
FROM: CITY ATTORNEY
SUBJECT: TRASH SERVICE - TUST•IN MARINE BASE
ORDINANI )R ADOPTION NO.,, 2
9/17/90
Inter -- Com
RECOMMENDATION: THAT THE CITY COUNCIL ADOPT THE ATTACHED
URGENCY ORDINANCE.
Attached is a proposed Urgency Ordinance that the City Council
could adopt, if it so chooses, to eliminate the exemption for state
and federal facilities from the Solid Waste Ordinance. With the
exemption eliminated, Great Western's franchise would also cover
all state and federal facilities within the City.
The Ordinance is drafted in terms of an Urgency Ordinance
based upon the need to include state and federal facilities in
order to carry out the City's duty to comply with the California
Integrated solid Waste Management Art of 1989.
. ROURKE
City Attorney
CFI : cj # : 9/1 ./90 : Q\594A
Attachment
cc: R. Nault (w/attachment)
R. Ledendecker (w/attachment)
J. Raue (w/attachment)
CLARK F. XDE
Deputy City Attorney
I URGENCY ORDINANCE NO. 1050
2 AN URGENCY ORDINANCE OF THE CITY OF TUSTIN,
CALIFORNIA., AMENDING SECTION 4332 OF THE
3 TUSTIN CITY CODE RELATIVE TO SOLID WASTE
COLLECTION AND DISPOSAL
4
5 The City Council of the City of Tustin, California does hereby
ordain as follows:
6
section 1: Section 4332 of the Tustin City Code is hereby
7 amended to read as follows:
8 "Section 4332 REMOVAL LIMITED
9 The City shall provide for the collection
and disposal of solid waste material from all
10 premises at least once each calendar week.
Such provision may be made either by letting
11 a contract for such collection and removal, or
otherwise. The City, its duly authorized
12 agents, servants and employees, or any
Contractor with whom the City may contract
13 therefor-, and the agents, servants and
employees of such Contractor, while any such
14 contract shall be in force, shall have the
exclusive right to gather, collect, and remove
15 solid waste material from all premises in the
lfi City.
No person other than those above
17 specified shall gather, collect or remove any
solid waste material from any premises or take
18 any such material from any receptacle in which
the same may be placed for collection or
19 removal, or interfere with or disturb any such
receptacle, or remove any such receptacle from
20 any location where the same is placed by the
owner or occupant thereof, or remove the
21 contents of any such receptacle; provided,
however, that nothing in this Code shall be
22 deemed to prohibit the occupant of any
dwelling, himself, or a member of his family,
23 from removing from the premises any heavy or
bulky objects or debris as provided for in
24 Section 4324."
25 section 2: The City Council hereby finds that there is a
current and immediate threat to the public welfare, health, and
26 safety if state and federal facilities are not immediately made
subject to the collection and removal requirements of the Tustin
27 City Code. The facts constituting the urgency are as follows:
28
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A. Without City -wade regulation of the collection and
removal of solid waste, the City will be unable to
develop and carry out a plan for recycling as required
by the provisions of the California Integrated Solid
Waste Management Act of 1989, as amended.
B. Substantial amounts of solid waste are generated by state
and federal facilities which are presently exempt from
City solid waste regulations. It is necessary that these
facilities immediately become subject to City regulations
so that City's franchisee can collect solid waste from
such facilities and integrate them into an overall plan
for recycling to meet the requirements of the California
Integrated Solid Waste Management Act of 1989.
C. At least one federal facility, the Marine Corps facility,
located in the City of Tustin, is considering awarding
a new solid waste contract which will not be subject to
the franchise agreement between the City and its
contractor. Allowing such waste to be collected by
someone other than the City's franchisee will interfere
with the City developing the necessary recycling plans
under the California Integrated Solid Waste Management
Act of 1989. It is therefor necessary that this
Ordinance take effect immediately before such federal
contract goes into effect.
As a result of the above, the City Council finds and declares
that this urgency Ordinance is required for the immediate
preservation of the public peace, safety and/or health of the
citizens of the City of Tustin. Pursuant to Government Code
Section 65858, this Ordinance requires a four-fifths (4/5ths) vote
of the City Council and shall be effective immediately upon said
vote.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tustin, held on the day of September, 1990.
Richard B. Edgar, Mayor
Mary E. Wynn, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
CERTIFICATION FOR ORDINANCE NO. 1050
Mary E. Wynn, City Clerk and ex --officio
of the City of Tustin, California, does
whole number of the members of the City
above and foregoing Ordinance was duly
2
Clerk of the City Council
hereby certify that the
Council is five; that the
and regularly passed and
2
3
4
5
6
71
8
12
13
14
15
16
17
18) 19
zo
21
22
231
24) 25
261
27
28
adopted at a regular meeting of the City Council held on the
day of September, 19 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
(Q\S94.cj♦)
09/12/90
3
Mary E. Wynn, City Clerk