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Home My WebLink AboutReso 2022-148 DocuSign Envelope ID: D972DFD7-9673-42AD-BEC2-CA722D633614 RESOLUTION NO. 2022-148 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE RESULTS OF THE PUBLIC PROTESTS AND PUBLIC HEARING AND APPROVING THE NEW AND ADJUSTED RATES FOR ORGANIC WASTE COLLECTION SERVICES TO COMPLY WITH STATE ORGANIC WASTE REGULATIONS WITH CORRESPONDING AMENDMENTS TO THE CITY'S MASTER FEE SCHEDULE WHEREAS, in 2014, the City of Chula Vista(City) and Republic Services entered into an amended and restated solid waste and recycling franchise agreement to provide solid waste collection services to all residential and commercial properties in Chula Vista (the "Franchise"); and WHEREAS, Senate Bill 1383 (SB 1383) was signed into law establishing methane emissions reduction targets of short-lived climate pollutants and requiring all jurisdictions in the State to establish new organic waste collection programs that divert the disposal of organic waste into landfills; and WHEREAS, on September 14, 2021, the City Council, via City Council Resolution No. 2021-177,conditionally approved a request from Republic Services for proposed new and adjusted rates for organic waste collection services mandated by SB 1383 for residential and commercial properties, and directed staff to conduct the proceedings necessary to implement the proposed rates; and WHEREAS, notices of the public hearing to consider the proposed new and adjusted rates were sent to record owners of real property and Republic Services customers of record in the City of Chula Vista, as provided for in Government Code section 53755 and as required by Article 13D, section 6 of the California Constitution(a copy of the notice is attached to this resolution as Exhibit "A" and is incorporated herein as though set forth in full); and WHEREAS, the notices of public hearing provided information to record owners of real property and Republic Services customers of record in the City of Chula Vista on how to submit a protest for the proposed new and adjusted rates for organic waste collection services; and WHEREAS, on June 14, 2022, at a regular meeting of the City Council, the City Council conducted a public hearing to consider the new and adjusted rates for organic waste collection services for residential and commercial properties and all protests received relative thereto; and WHEREAS, at the hearing, the City Council was provided with a staff report recommending approval of the new and adjusted rates and heard testimony(if any) for and against the proposed new and adjusted rates; and DocuSign Envelope ID: D972DFD7-9673-42AD-BEC2-CA722D633614 Resolution No. 2022-148 Page No. 2 WHEREAS, copies of all written protests were before the City Council and the final tally of written protests received by the City Clerk from owners of real property and other persons entitled to submit protests was less than a majority of record of owners of real property; and WHEREAS, the City Council received and considered all duly submitted written protests as to the proposed new and adjusted rates for organic waste collection services; and WHEREAS, California Government Code section 53756 permits the adoption of a schedule of fees authorizing automatic adjustments that pass through to property-relates service rates for a period not to exceed five years. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: 1. The City Council has considered all protests received and accepts the results of the public hearing duly held on June 14, 2022. 2. The City Council approves new and adjusted rates for organic waste collection services for residential and commercial customers in amounts not to exceed the maximum rates set forth in Exhibit B to this Resolution. 3. The City Council approves the automatic Consumer Price Index(CPI) adjustments to these maximum rates for a period not to exceed five years in the manner and to the extent authorized by the Amended and Restated Solid Waste and Recycling Franchise Agreement between the City of Chula Vista and Republic Services and California Government Code section 53756. 4. The City Council authorizes and directs the City Manager to amend the City's Master Fee Schedule in accordance with the terms of this Resolution. [SIGNATURES ON THE FOLLOWING PAGES] DocuSign Envelope ID: D972DFD7-9673-42AD-BEC2-CA722D633614 Resolution No. 2022-148 Page No. 3 Presented by Approved as to form by DocuSigned by: DocuSigned by: E V'tG �,V'bl,��` E . 2FC559998BD74C4... CF406508504446F... Eric C. Crockett Glen R. Googins Deputy City Manager City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of June 2022 by the following vote: AYES: Councilmembers: Cardenas, McCann, Padilla, and Casillas Salas NAYS: Councilmembers: None ABSENT: Councilmembers: Galvez EDocuSigned by: � " 062BFD7C0386456... Mary Casillas Salas, Mayor ATTEST: DocuSigned by: 30746104EAF342E... Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2022-148 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 14th day of June 2022. Executed this 14th day of June 2022. DocuSigned by: E,, 30746104EAF342E... Kerry K. Bigelow, MMC, City Clerk DocuSign Envelope ID:D972DFD7-9673-42AD-BEC2-CA722D633614 n )) D7 S D 3 0 < c o� n WLu t/1 0 �• 3 F— Y nm3 V) W Z i U G �- p • o s LLJ tmm Z c n H N U W J n � V W _ _ d n Z Z t O Q U 2 Y O m < � ,� � o m-a N w Q < s _ NID rD n ro � o n � n Q y O N n 7V O < E s < c s s m co n- o c ID ro c r o s ro y m ZD a Z CD C c n w O O n s Z _ s m ° a m "' 1 r o c E E S �".i n A� S O O- v v0• z � a s �. n a T { o s r 7 ID N N 7� ro 9'a Q W cs ° o z y =P m z n o 2 0 0' n '' o o A E a 9 Q s s s a s O s O N v C C OW s lD rD vD, O _ r D n n - s � o r � � o CD- Fly N ° s 0 2 s u a =G � � __ m Q -0 0 0 3 3 S N _ co u • ❑ Js «. - v c U O 2 " U v s 71 C � d JJ C = l y d �- v Ei � • .v 2 c s O v � �r °°° - � c E a �� a — s. rr ,�� i 7 o s. 5 � � H � i r E - � c > o-° c 3 — s � > •V ^� cS Ln y ? c 3 C Q cx o v v — m U — a -c v s v L y — > LL v gs U m y o c ? z 7S o ? y o v u u o ov .; � = 7v 7F 1 7S v p HN �Jy R s .�- > K ° 0me Ln 0 O o O G c C G y v 22 m .3 M 0 DocuSign Envelope ID: D972DFD7-9673-42AD-BEC2-CA722D633614 Exhibit B Not to exceed maximum rate adjustment for new food waste and other organic waste collection and processing program to cover the costs of compliance with State regulation SB 1383. All proposed new rates below are subject to yearly increase based on regional Consumer Price Index per section 7.4 of the amended and restated solid waste collection and recycling franchise agreement between the City of Chula Vista and Republic Services, Inc. Proposed rates for all Chula Vista small quantity generator customers: Proposed adjustment per level of service* New rate plus increase 32-gal trash cart service $2.79 per month $21.16 per month 64-gal trash cart service $3.61 per month $27.40 per month 96-gal trash cart service $4.26 per month $32.27 per month *Rate includes collection of trash, mixed recycling, and mixed organics. Proposed new rates for all Chula Vista multifamily customers: Service Description New rates after the proposed rate adjustment Residential multifamily Recycling charge per $5.74 per unit bin service for unit properties with 9 units Recycling and green $5.74 per unit or more waste charge per unit Proposed new service rates for commercial food waste collection: Food waste per container quantity and service frequency proposed pricing Container Quantity 64-gal commercial food waste cart 2-yrd commercial food waste cost bin cost 1 container $99.49 $187.51 2 containers $147.40 $257.08 3 containers $195.32 $326.65 4 containers $243.23 $396.22 5 containers $291.14 $465.80 6 containers $339.05 $535.37 Service collection Frequency 1 day per week $99.49 $187.51 2 days per week $198.98 $375.01 3 days per week $397.96 $750.03 4 days per week $795.92 $1,500.05 5 days per week $1,591.85 $3,000.10