HomeMy WebLinkAboutReso 2002-180 RESOLUTION NO. 2002-180
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A DECISION TO EXTEND
UNTIL OCTOBER 31, 2002, THE AGREEMENT WITH
ORGANIC RECYCLING WEST FOR COMPOSTING
SERVICES, AND APPROVING A FRANCHISE
IMPLEMENTATION AGREEMENT WITH PACIFIC WASTE
SERVICES FOR THE USE OF GREEN WASTE AS
ALTERNATIVE DALLY COVER COMMENCING NOVEMBER
1, 2002
WHEREAS, on July 13, 1999, upon City's adoption of Ordinance No. 02792, City and
Pacific Waste Services ("Pacific") entered into that certain Amended and Restated Solid Waste
Disposal and Recycling Franchise Agreement ("Franchise Agreement"), effective July 1, 1999,
pursuant to which City granted Pacific the City's solid waste disposal and recycling franchise on
the terms and conditions set forth therein; and
WHEREAS, on September 25, 2001, upon City's adoption of Ordinance No.2844, City
and Pacific entered into that certain First Amendment to Amended and Restated Solid Waste
Disposal and Recycling Franchise Agreement ("First Amendment"), pursuant to which City and
Pacific implemented the Variable Rate Structure for collection and disposal of solid waste and
recyclables contemplated by Section 7.3.3 of the Franchise Agreement; and
WHEREAS, the Franchise Agreement, as amended by the First Amendment, is referred
to hereinafter as the "Franchise". Except as otherwise expressly provided herein, all capitalized
terms used herein shall have the meanings ascribed thereto in the Franchise; and
WHEREAS, Section 8.5.2 of the Franchise provides for the delivery of Green Waste to
Organic Recycling West (ORW) for processing into compost under a contract with the City
("ORW Agreement"). In the event City chooses not to renew the ORW Agreement, Pacific has
the opportunity to incorporate the Green Waste program into its own operations. The City has
chosen not to renew the ORW Agreement; and
WHEREAS, Pacific has proposed to use Green Waste collected within the City as
Alternative Daily Cover ("ADC") at the Otay Landfill. Because Pacific's proposal has the
potential to assist the City in meeting it's AB 939 diversion obligations, and to provide other
benefits under the Franchise, City is willing to allow this altemative implementation of Section
8.5.2, and the revision of its Green Waste program, on the terms and conditions set forth herein;
and
WHEREAS, ORW has requested, and the City has agreed, on certain terms and
conditions, to a transition period until October 31, 2002, under the ORW Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby:
1. Approve an extension of the ORW Agreement until October 31, 2002, on the
terms presented in that certain letter agreement between City and ORW dated May 24, 2002.
Resolution 2002-180
Page 2
2. Approve an Agreement with Pacific for the use of Green Waste as Alternative Daily
Cover commencing November 1, 2002, on the terms presented in that certain Solid Waste
Disposal and Recycling Franchise Implementation Agreement (Green Waste) dated May 28,
2002.
BE IT FURTHER RESOLVED that the City Manager of the City of Chula Vista is
hereby authorized to execute said agreements for and on behalf of the City of Chula Vista in
final forms approved by the City Attorney, copies of which shall be kept on file with the City
Clerk.
Presented by Approved as to form by
Special Operations Manager ~City Attorney
Resolution 2002-180
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 28th day of May, 2002, by the following vote:
AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Shirley Horton¥}Olayor
ATTEST:
Dodna Norris, 7~ssistant City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna Norris, Assistant City Clerk of Chula Vista, California, do hereby certify that the
foregoing Resolution No. 2002-180 was duly passed, approved, and adopted by the City Council
th
at a regular meeting of the Chula Vista City Council held on the 28 day of May, 2002.
Executed this 28Ch day of May, 2002.
Doffna Norris, ~s'istant City Clerk