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HomeMy WebLinkAboutReso 2003-270RESOLUTION NO. 2003-270 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING A ONE-HALF PERCENT INCREASE IN THE RECYCLING FEE APPLIED TO SOLID WASTE RATES TO FUND RECYLING, SOLID WASTE AND HOUSEHOLD HAZARDOUS WASTE RECYCLING AND EDUCATION PROGRAMS, AND ACCEPTING THE MAXIMUM RATE SCHEDULE FOR FISCAL YEAR 2003/2004 AS SUBMITTED BY PACIFIC WASTE SERVICES WHEREAS, the California Integrated Waste Management Act of 1989 (AB 939) authorized cities and counties to establish a fee to pay for the cost of developing and implementing the programs designed to meet the state mandate to divert up to 50% of their annual waste from landfills; and WHEREAS, the City established a one percent (1%) fee in 1994/1995 fiscal year, and increased that fee to two percent (2%) to cover household hazardous waste programs when the County sold the landfills and stopped providing regional household hazardous services; and WHEREAS, the City's recycling and other diversion programs provide public education, technical assistance and programs for residential, commercial and industrial generators; and WHEREAS, the change in the AB 939 fee will fund program enhancements that focus primarily on recycling opportunities for commercial and industrial generators; and WHEREAS, those programs include the state requirement to formally adopt a Space Allocation Plan, which would require new or remodeled commercial and industrial facilities to provide adequate space to facilitate greater commercial recycling, composting and other forms of diversion; and WHEREAS, the program enhancements also include a construction and demolition-recycling program; and WHEREAS, the fee adjustment will also fund the City's program response to new regulations that have generated un-funded requirements since the fee was established in 1998; and WHEREAS, the funds generated by this change will provide a greater focus on commercial and industrial recycling and other diversion programs for commercial generators; and WHEREAS, this is the first increase in the recycling program funding mechanism since 1998; and WHEREAS, under section 7.3.a of the existing Franchise, Pacific Waste is entitled to an increase in its maximum rates equal to 66% of the previous year's Consumer Price Index (CPI) increase; and WHEREAS, the increase may not exceed the County median rate or any other equivalent rate (less local surcharges) within the County; and Resolution 2003-270 Page 2 WHEREAS, pursuant to section 6.2.27.e of the Franchise, Pacific Waste is also entitled to a one-time "true-up" in its volume rate thresholds to account for any different than projected subscription levels in the three different volume rate categories; and WHEREAS, after analyzing subscription levels, Pacific Waste and staff have determined that no true-up is necessary or appropriate; and WHEREAS, staff has reviewed Pacific Waste's proposed rate sheet and has determined that the rotes presented are consistent with the allowed increases and limitations set forth in the existing franchise agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize a one-half percent (1/2%) increase in the recycling fee applied to solid waste rates to fund recycling, solid waste and household hazardous waste recycling and education programs, and accept the maximum rote schedule for Fiscal Year 2003/2004 as submitted by Pacific Waste Services. Presented by Approved as to form by Mi6~ac~,, Special Operations Resolution 2003-270 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 17th day of June, 2003, by the following vote: ATFEST: Councilmembers: Councilmembers: Councilmembers: AYES: NAYS: ABSENT: Davis, McCann, Rindone, Salas and Padilla None None Susan Bigelow, City CleYk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2003-270 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 17th day of June, 2003. Executed this 17th day of June, 2003. Susan Bigelow, City Clerk