HomeMy WebLinkAboutOrd 2005-3011
ORDINANCE NO. 3011
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
A SECOND AMENDMENT TO THE "AMENDED AND
RESTATED SOLID WASTE DISPOSAL AND RECYCLING
SERVICES FRANCHISE AGREEMENT" WITH PACIFIC
WASTE SERVICES, AND CHANGING THE RATE
ADJUSTMENT ANNIVERSARY DATE FOR SMALL
QUANTITY GENERATOR RATES FROM JULY 1ST TO
SEPTEMBER 1 ST
WHEREAS, the City of Chula Vista (City) is a chartered city within the meaning of
California Constitution Article II, Sections 3 and 5, and has reserved its powers pursuant to
California Public Resources Code Section 40000, et seq. to grant an exclusive solid waste and
recyclable franchise; and
WHEREAS, in 1982, pursuant to Article XII of the City Charter and Chapter 8.24 of the
Chula Vista Municipal Code, City granted a solid waste disposal franchise (the "Original
Franchise") to Chula Vista Sanitary Service (CVSS); and
WHEREAS, since 1982, the Original Franchise has been amended as follows: (I)
Ordinance No. 2104, adopted February 28, 1985, (2) Ordinance No. 2332, adopted September
12,1989; (3) Ordinance No. 2427, adopted December 4,1990; (4) Ordinance No. 2429, adopted
December 11, 1990; (5) Ordinance 2475, adopted September 3, 1991; (6) Ordinance 2562,
adopted July 20,1993; (7) Ordinance No. 2569, adopted September 21,1993; and (8) Ordinance
No. 2741, adopted August 11, 1998; and
WHEREAS, on May 12, 1987, pursuant to City Council Resolution No. 13019, City
approved an assignment of the Original Franchise to Laidlaw Waste Systems, Inc. (Laidlaw);
and
WHEREAS, on June 17, 1997, pursuant to City Council Resolution No. 18705, City
conditionally approved Laidlaw's assignment of the Original Franchise, as amended, to Allied
Waste North America, Inc. dba Pacific Waste Services (Pacific); and
WHEREAS, on August 26, 1997, pursuant to City Council Resolution No. 18763, City
approved a month-to-month extension of Original Franchise pending further City review and
consideration of Pacific's requested five-year renewal; and
WHEREAS, effective July I, 1999, City and Pacific entered into that certain "Amended
and Restated Solid Waste Disposal and Recycling Franchise Agreement" (Agreement). The
Agreement modified and extended Pacific's exclusive franchise for solid waste disposal and
recycling services (Franchise) within the City. The City Council approved the Agreement on
July 13, 1999, pursuant to its adoption of Ordinance No. 2792; and
Ordinance No. 3011
Page 2
WHEREAS, on September 25, 2001, the City Council adopted the First Amendment to
the Agreement, pursuant to Ordinance No. 2844; and
WHEREAS, Section 7.3.1 of the Agreement establishes July 1st of each year as the date
on which the Maximum Rates for General Service Rates increase, determining the maximum
amount Pacific may charge its Large Quantity Generator, Small Quantity Generator and
IndustrialIRoll-off customers for its services during the period July I st through June 30th; and
WHEREAS, the amount of the annual Maximum Rate is determined, in part, by a survey
of market rates within San Diego County; and
WHEREAS, the majority of the cities in San Diego County adjust their rates on July 1 st
each year, preventing the City from including those adjusted rates in its annual market survey
that is necessarily conducted prior to July I st each year; and
WHEREAS, amending the Agreement by changing the rate increase anniversary date for
Small Quantity Generators from July I st to September 1 st will allow the City to include the
region's current market rates in its annual survey; and
WHEREAS, the Second Amendment to the Agreement (Second Amendment) was
considered by the City Council at a properly noticed public hearing on June 21, 2005. Any and
all written and oral testimony with respect to the Second Amendment was heard and considered
by the City Council and the City Council approved placement of the Second Amendment on first
reading.
NOW, THEREFORE, the City Council ofthe City ofChula Vista does ordain as follows:
Section 1: The Second Amendment to the Amended and Restated Solid Waste
Disposal and Recycling Franchise Agreement is approved.
Section 2: The Mayor of the City of Chula Vista is authorized to execute the Second
Amendment to the Amended and Restated Solid Waste Disposal and Recycling Franchise
Agreement on behalf of the City of Chula Vista, in substantially the form presented, with such
minor, non-substantive modifications as may be approved or required by the City Attorney.
Section 3: This ordinance shall take effect and be in full force on the thirtieth day
from and after its adoption.
Presented by
Approved as to form
CA -vVv...~~
Ann Moore
City Attorney
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Ordinance No. 3011
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 12th day of July, 2005, by the following vote:
AYES:
Councilmembers:
Davis, McCann, Rindone and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
Castaneda
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ATTEST:
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Susan Bigelow, MMC, City C k
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
Ordinance No. 3011 had its first reading at a regular meeting held on the 21st day of June, 2005
and its second reading and adoption at a regular meeting of said City Council held on the 12th
day of July, 2005.
Executed this 12th day of July, 2005.
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Susan Bigelow, MMC, City C! k