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HomeMy WebLinkAboutOrd 1999-2792ORDINANCENO. 2792 AN ORDINANCE OF THE CITY OF CHULA VISTA GRANTING A WASTE MANAGEMENT FRANCHISE RENEWAL TO PACIFIC WASTE SERVICES THROUGH SEPTEMBER 4, 2007 WITH AN OPTION TO EXTEND UNTIL THE YEAR 2015 SUBJECT TO SATISFACTORY PERFORMANCE, AND POTENTIAL ADDITIONAL EXTENSIONS AT CITY'S SOLE OPTION UNTIL THE YEAR 2031 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; (7) Ordinance No. 2569, adopted September 21, 1993; and (8) Ordinance No. 2741 adopted August 1 I, 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 Pacific. One of the conditions of approval 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, on August 8, 1998, the City Council approved a franchise renewal with Pacific Waste on the terms and conditions of the current Franchise Agreement; and WHEREAS, the current solid waste and recycling Franchise Agreement expires on September 4, 2002, and in anticipation of the end of that agreement, staff has negotiated with Pacific Waste Management to develop the terms and conditions for a proposed renewal on terms and conditions specified therein; and Ordinance 2792 Page 2 WHEREAS, on June 8, 1999, pursuant to City Council Resolution No. 19480, City approved a resolution of intention to consider the adoption of a Franchise renewal and set a public for such purpose for June 22, 1999 at 6:00 p.m.; and WHEREAS, on June 22, 1999, the public hearing was continued until June 29, 1999, at which point a duly noticed public hearing was held on the proposed Franchise renewal, all public testimony was reviewed and considered by the City Council, including the City Manager's recommendation to approve the Franchise and the City Council voted to place this ordinance on first reading; and NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: SECTION h In accordance with Chula Vista Municipal Code Section 8.23.070, Pacific's performance under the current 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 Franchise Renewal to Pacific Waste Services through September 4, 2007 in accordance with the terms and conditions of the Amended and Restated Solid Waste Disposal and Recycling Franchise Agreement, a copy of which is on file in the office of the City Clerk ("New Franchise Agreement"). SECTION II1: The Mayor of the City of Chula Vista is hereby authorized to execute the New 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 Meacham Conservation Coordinator ohn Kahen Ordinance 2792 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 13~h day of July, 1999, by the following vote: AYES: Councilmembers: Davis, Moot, Salas and Hotton NAYS: Councilmembers: None ABSENT: Councilmembers: Padilia ABSTAIN: Councilmembers: None ATTEST: S , Mayor 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. 2792 had its first reading at a regular meeting held on the 29th day of June, 1999 and its second reading and adoption at a regular meeting of said City Council held on the 13th day of July, 1999. Executed this 13th day of July, 1999.