HomeMy WebLinkAboutOrd 2014-3319 ORDII�'ANCE IvO. 3319
ORDR�?4NCE OF THE CITI' OF CHliLA VIST.A GRAI�TTING
A V�'ASTE M.ANAGEMEI�'T FR�v�'CHISE RENEWAL TO
ALLIED V��ASTE Sl'STEMS, IIvC (DB.A REPUBLIC
SERVICES OF CHtILA VISTA) O?�' THE TERMS PRESENTED
UT'TIL JLT�E 30. 2024 V�'ITH TA%O OPTIONS TO EXTEND
LTT'TIL JUI�TE 30. 2031 .AI�rD JUNE 30. 2039. RESPECTNELY.
SUBJECT TO THE CITY`S DETERMI?vATIO?�' OF
SATISF.ACTORY PERFORMANCE .AI�TD AUTHORIZING THE
MAYOR TO EXECUTE SAn4E
W"HEREAS. Cin is a charter cirv within the meanine of Califomia Constirution Article
I 1. Section 3 and � and has resen�ed its powers pursuant to Califomia Public Resources Code
Section 4000 et seq. to grant an exdusi��e solid waste and rec}�dable franchise; and
R%HEREAS, in 1982, pursuant to Article �II of the Cin� Charter and Chapter 8.24 of the
Chula Vista Municipa] Code; Cit}� eranted a solid waste disposal franchise (`Orieinal
Franchise `) to Chula Vista Sanitarv Ser�ice ('C\'SS"): since 1982, the Orieinal Franchise has
been assigned on various occasions, most recentiv to Allied A'aste Services, Inc.. dba Republic
of Chula Vista (`Republir'): and
R'HEREAS: since 1982. the Orieinai Franchise has been amended as follows: (1)
Ordinance No. 2104, adopted Februar}� 28, 198�; (2) Ordinance No. 23�2, adopted September
12. 1989: (3) Ordinance No. 2427, adopted December �, 1990; (4) Ordinance I�'o. 2429, adopted
December 11, 1990: (�) Ordinance No. 247�. adopted September 3. 1991; (6) Ordinance 1�'0.
2�62. adopted Jul�� Z0, 1993: (7) Ordinance No. 2�69, adopted September 21, 1993: (8)
Ordinance No. 2741, adopted August 1 I. 1998; and (9) Ordinance No. 02792, adopted on Julv
13. 1999: and
A'HEREAS, Ordinance No. 02792, amona other things, e�tended the term_of the Orieinal
Franchise. as amended, throueh June 30, 2007. Pursuant to the terms thereof; Cit�� and Republic
subsequentl}� exercised their riehts to e�tend the term of the Orieinal Franchise. as amended.
throueh June 30. 2015: and
V�'7-IEREAS, in 2013; Citr staff and Republic entered into negotiations for the further
extension of the OriQinal Franchise, as amended. ultimatel}� reaching agreement on terms to be
presented to the Citv Council for consideration; and
�i'HEREAS, on July 8, 2014, pursuant to Resolution No. 2014-129, the City Council
appro��ed a resolution of intention to consider the renewal of the Original Franchise. as amended.
on the terms presented in tfiat certain Amended and Restated Solid V�'aste Collection, Recycline
and Disposal Franchise Agreement (hereinafter referred to as the `Franchise"). and set a public
hearino for such purpose for Jul�� 22. 2014 at 2:00 p.m.
Ordinance No. 3319
Paee No. 2
�'HEREAS, on .lul}� 22: 2014. a dul�- notice public hearing was held on the proposed
Franchise, and all public testimony was re��iewed and considered bv the City Council, including
the City Managers recommendation to approve the Franchise.
NOVd. THEREFORE. the Citv Council of the Citv of Chula Vista does ordain as follows:
Section I. In accordance �+�ith Chula Vista Municipal Code Section 8.23.070, Republic's
performance under the Original Franchise. as amended, is hereby deemed satisfactory for
purposes of renewing such franchise, ��ithout inviting bids or proposals therefore, pursuant to the
terms and conditions of the new Franchise presented by City Staf£ Any and all protests or
objections presented to the �ranting of the Franchise are hereby overruled.
As of the Effective Date of this ordinance; and upon Republic's w7itten acceptance
thereof; the City Council of the City of Chula Vista does hereby grant a Franchise to Republic
through June 30, 2024 in accordance with the terms and conditions of the Franchise, a cop}� of
ti�hich is on file in the office of the Citv Clerk.
The Mayor of the City of Chula Vista is hereby authorized to execute the Franchise on
behalf of the City of Chula Vista in substantially the form presented. with such minor, non-
substantive, modifications as may be appro��ed or required by the City Attorney.
Section IL Severabilih�
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be in��alid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionalit�- shall not affect the ��alidity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista herebv declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance. inespective of the fact that any one or more other sections; sentences, dauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Sectiomlll. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage
(`'Effective Date").
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Ordinance No. 3319
Paee I�'o. 3
Presented b}� Approved as to form b��
� .
Richazd A. opl.ins G en R. Go ein ' ` \
Director of Public orks Cit�'�o�rrt�}• v
PASSED. APPROVED. and ADOPTED b�� the Cim Council of the Cit�� of Chula Vista_
Califomia� this 12th da�� of Aueust 2014. bv the follo«�ins vote:
AYES: Councilmembers: Aeuilaz. Bensoussan. Ramirez. Salas and Co�
NA1'S: Councilmembers: None
ABSENT: Councilmembers: None
�� .�.�—�-'�
Chen�l Coa. A4� or
ATTEST:
/��. � ��,�,-�
Donna R. Noms. CMC. Citv Clerk
STATE OF CALIFOR\iIA )
COUI�'TY OF SA_�' DIEGO )
CITY OF CHULA V"ISTA )
l. Donna R. I�'orris. Cim Clerk of Chula Vista. California. do herebvi certifi� that the foreeoine
Ordinance No. 3319 had its first readine at a reeular meetine held on the 22nd da� of Jul�� 201�
and its second reading and adoption at a regular meeting of said Citv Council held on the 12th
daq of Aueust 2014; and N�as dulv published in summan� form in accordance �i�ith the
requirements of state la�� and the Cit�� Charter.
�� ,� ���� �',�
ated Donna R. Noms. CA9C. Cit�� Clerk