HomeMy WebLinkAboutOrd 1998-2741ORDINANCE NO. 2741
AN ORDINANCE OF THE CITY OF CHULA VISTA GRANTING A
WASTE MANAGEMENT FRANCHISE RENEWAL TO PACIFIC
WASTE SERVICES THROUGH SEPTEMBER 4, 2002 IN
ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE
FRANCHISE AGREEMENT, AND AUTHORIZING MAYOR TO
EXECUTE SAME
WHEREAS, City is a chartered city within the meaning of California Constitution Article
11, 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 ("Original
Franchise") to Chula Vista Sanitary Service ("CVSS"); and
WHEREAS, since 1982, the Original Franchise has been amended as follows: (1)
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 No. 2475, adopted September 3,
1991; (6) Ordinance No. 2562, adopted July 20 1993; and (7) Ordinance No. 2569, adopted
September 21, 1993; 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 Laicll~w's. assignment of the Original Franchise, as amended, to Pacific.
One of the conditions of alSp~oval was that Pacific enter into negotiations with City staff
regarding various City issues with the franchise prior to September, 1997 when the City was
scheduled to consider Pacific's request for a five year renewal; and
WHEREAS, on August 26, 1997, pursuant to City Council Resolution No. 18763, City
approved a month to month extension of the Original Franchise pending further City review
and consideration of Pacific's requested five year renewal; and
WHEREAS, City staff and Pacific have negotiated and presented to the City Council
a new franchise ("Franchise") which provides for a five-year renewal of the Original Franchise
on revised terms and conditions; and
WHEREAS, on July 14, 1998, pursuant to City Council Resolution No. 19074, City
approved a resolution of intention to consider the adoption of this Franchise and set a public
for such purpose for August 4, 1998 at 6:00 p.m.; and
WHEREAS, on August 4, 1998, a duly noticed public hearing was held on this
Franchise, and all public testimony was reviewed and considered by the City Council, including
the City Manager's recommendation to approve the Franchise; and
Ordinance 2741
Page 2
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
SECTION h Pacific's performance under the Original Franchise is hereby deemed
satisfactory for purposes of renewing such franchise pursuant to the terms and conditions of
the new Franchise presented by City staff. Any and all protests or objections presented to
the granting of the Franchise are hereby overruled.
SECTION Ih Upon Pacific's written acceptance thereof, the City Council of the City
of Chula Vista does hereby grant a Waste Management Franchise Renewal to Pacific Waste
Services through September 4, 2002 in accordance with the terms and conditions of the
Franchise Agreement, a copy of which is on file in the office of the City Clerk as Document
No. C098-123,
SECTION Ill: The Mayor of the City of Chula Vista is hereby authorized to execute the
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 IV: This ordinance shall take effect and be in full force on the thirtieth day
from and after its adoption.
SECTION V: The City Clerk is hereby directed to publish a summary of this ordinance
in a newspaper of general circulation circulated in the City of Chula Vista.
Presented by
Approved as to form by
Michael
Conservation Cooi:~llnator
" John M. Kaheny
City 'Attorney
Ordinance 2741
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 11 th day of August, 1998, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Moot, Padilia, Rindone, Salas and Horton
None
None
None
Shirley ~/~o~, Mayor
ATTEST:
~Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the
foregoing Ordinance No. 2741 had its first reading at a regular meeting held on the 4th day of
August, 1998 and its second reading and adoption at a regular meeting of said City Council
held on the 11th day of August, 1998.
Executed this11 ,h day of August, 1998.
Beverly A~.~Authel~t, City Clerk