See Also: Index of all Measures

Section 6.10.304 provides for the process of awarding a franchise for collection of solid waste, recyclables or compostables from single family residential properties within the City. It specifically provides that: "Any such franchise granted by the City Council shall be for a maximum period of five (5) years, but may contain a performance incentive provision authorizing renewal for a maximum period of two (2) years. In no event may the initial period and the incentive renewal period exceed seven (7) years."

Proposed Ordinance No. 2000-204 would amend Section 6.10.304 to provide that: "Any such franchise granted by the City Council shall not exceed a maximum term of ten (10) years."

Section 6.10.309 provides for the process of awarding a franchise for refuse collection from commercial properties, as defined, within the City. It specifically provides that any franchise granted: "Any such franchise granted by the City Council shall be for a maximum of period of five (5) years, but may contain a performance incentive provision authorizing renewal for a maximum period of two (2) years. In no event may the initial period and the incentive renewal period exceed seven (7) years."

Proposed Ordinance No. 2000-204 would amend Section 6.10.309 to provide that: "Any such franchise granted by the City Council shall not exceed a maximum term of ten (10) years."

Under proposed Ordinance No. 2000-204, the Council could award a franchise for residential or commercial solid waste collection for any period of time, so long as it does not exceed 10 years. The Council would not be required to award 10 year franchises.

The City of Mission Viejo's commercial and residential waste franchises will expire on June 30, 2000, and August 31, 2000, respectively, ending the first five-year waste franchise implemented under Ordinance 92-89.

As the city staff, consultant, and City Council Ad Hoc Waste Management Subcommittee began preparing the request for proposal to award a new waste franchise agreement, we learned that the cost per month to residents and businesses for this service is determined in large part by the ability of the waste haulers to amortize their extensive capital costs over a longer period of time, often ten years or more.

As stated, Ordinance 92-89 established a maximum seven-year franchise period. We are asking the voters to extend the maximum franchise period from seven years to ten years. This will allow the city during the competitive bid process to

Increase the likelihood for lower monthly rates for residents

Provide greater flexibility and more options for the length of

Establish a maximum franchise period of no more than ten years

We believe this amendment to Ordinance 92-89 will benefit Mission Viejo residents and businesses for years to come and urge you to vote YES on Measure L.
s/Susan Withrow City Council Ad Hoc Waste Management Subcommittee
s/William S. Craycraft City Council Ad Hoc Waste Management Subcommittee

ORANGE COUNTY, CALIFORNIA

ORDINANCE NO. 2000-204

AN ORDINANCE OF THE PEOPLE OF THE CITY OF MISSION VIEJO AMENDING SECTIONS 6.10.304 AND 6.10.309 OF CHAPTER 6.10 OF THE MISSION VIEJO MUNICIPAL CODE RELATING TO RESIDENTIAL AND COMMERCIAL REFUSE COLLECTION FRANCHISES

THE PEOPLE OF THE CITY OF MISSION VIEJO DO ORDAIN AS FOLLOWS:

SECTION 1. The last two sentences of Paragraph A of Section 6.10.304 of the Mission Viejo Municipal Code, which pertain to the duration of residential refuse collection franchises, are amended as set forth below. The provisions proposed to be repealed are printed in strikeout type, and new provisions proposed to be added are printed in bold type:

"Any such franchise granted by the City Council shall not exceed a maximum term of ten years. be for a maximum period of five (5) years, but may contain a performancce incentive provision authorizing renewal for a maximum period of two (2) years. In no event may the initIal period and the incentive renewal period exceed seven (7) years."

SECTION 2. The last two sentences of Paragraph B of Section 6.10.309 of the Mission Viejo Municipal Code, which pertain to the duration of commercial refuse collection franchises, are amended as set forth below. The provisions proposed to be repealed are printed in strikeout type, and new provisions proposed to be added are printed in bold type:

"Any such franchise granted by the City Council shall not exceed a maximum term of ten years. be for a maximum period of five (5) years, but may contain a performance incentive provision authorizing renewal for a maximum period of two (2) years. In no event may the initial period and the incentive renewal period exceed seven (7) years."

SECTION 3. This ordinance was approved by a majority of the voters of the City of Mission Viejo voting thereon at the Special Municipal Election held on March 7, 2000, and, in accordance with Elections Code Section 9217, is considered as adopted on ______, 2000, the date on which the vote of that election was declared by Resolution No. ______ of the City Council.

s/Sherri M. Butterfield,
Mayor Attest: Ivy J. Joseph, City Clerk