HomeMy WebLinkAboutOrd 1991-2443 NOT APPROVED
ORDINANCE NO. 2443
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
ORDINANCE NO. 1993 REGARDING RESIDENTIAL CURBSIDE
RECYCLING COLLECTION OF SINGLE FAMILY HOMES AND VOLUNTARY
COMMERCIAL RECYCLING COLLECTION
The City Council of the City of Chula Vista does ordain as follows:
SECTION 1: That Section 21 of Ordinance No. 1993 (added by Section 2 of
Ordinance No. 2427) is amended to read as follows:
Section 21. Residential Curbside Recycling Services
Grantee agrees to implement residential curbside recycling services to
all single family homes as follows:
A. Exclusivity - The City grants to Grantee the exclusive right to
collect Recyclable Materials deposited at the curbside of
single-family dwellings in such containers ("Designated Recycling
Container"; or alternatively ("Container") as are herein required to
be provided within the City limits, to include all residences
receiving refuse collection and disposal services described in the
following paragraph B.(1). This does not exclude duly licensed
non-profit organizations and community groups from conducting
recycling programs for the purpose of raising funds, nor does it
exclude private individuals from selling or otherwise disposing of
their own recyclable material. However, once materials have been
placed at the curb in a Designated Recycling Container provided by
the Grantee, the material ("Franchised Recyclables") becomes one of
the subject matters of this grant of franchise.
B. Obligations of Grantee
1. Collection Grantee shall collect and remove all Franchised
Recyclables which are placed in a Designated Recycling Container
at the curbside on public streets, from all single-family
residences. Single-family residences are defined as detached
homes and attached homes receiving curbside refuse collection
services. Grantee shall collect the Franchised Recyclables once
each week, regardless of weather conditions. Collection will be
on the same day of the week as the regularly scheduled trash
collection day. Grantee and City will mutually agree to any
changes in collection day. Grantee will notify residents of any
changes in the collection day by distributing a flyer no later
than two weeks prior to the affected day.
Ordinance No. 2443
Page 2
2. Containers - Grantee shall purchase and distribute recycling
containers to be used by each eligible residential customer
included in the program. The type and cost of container to be
used, or changes of container type shall be approved by the City
prior to purchase and distribution. Grantee shall retain
ownership of the containers. Each residence eligible to
participate in the program will receive one container. If
Grantee determines that the volume of recyclable material exceeds
the capacity of the one container, additional containers shall be
provided at no cost to the resident. Replacement of containers
that are stolen and/or damaged shall be made at no cost to the
resident at Grantee's discretion. Grantee will be responsible
for keeping records and making them available to the City
regarding additional containers requested, and the reason for the
request, e.g. damaged, stolen, needed to handle residence
recyclables beyond capacity of one container.
3. Transportation of Materials - Grantee shall transport collected
recyclable materials to a central collection point and shall
retain responsibility for the sale of such materials in a timely
and efficient manner, so as to yield the highest possible market _
value for the material.
4. riissed Pick-Ups - In case of a missed pick-up called in by a
resident, Grantee shall, where possible, provide collection
within 24 hours. If unable to accommodate due to inadequate
notice, the materials shall be picked up on the next scheduled
collection day and resident is to be so notified. Information on
missed pick-ups shall be logged by Grantee and shall be available
to the City.
5. Public Awareness Program - The Grantee will prepare an
Introductory Packet of information regarding the Citywide
Single-Family Curbside Recycling Program, approved in advance by
the City, and will distribute such packet with the recycling
containers to each eligible residence. The packet shall include,
but not be limited to: a) An informational brochure that details
the program elements and describes how they can participate; and
b) doorknob hangers or other methods encouraging use of the
recycling container and explaining the program.
The Grantee will assist with media events, make presentations to
community groups and businesses on an as needed basis, and attend
County wide meetings related to recycling, speaking on the City's
Curbside Recycling Program if needed. The Grantee also agrees to
assist in developing incentives to increase participation and
tonnage collected, and to encourage involvement of community and '
youth groups.
Ordinance No. 2443
Page 3
The Grantee and the City agree that the main purpose of an
aggressive public education program is to increase participation
and diversion. Beginning in the second year, if, in the City's
judgment, it is reasonably determined that the public education
effort has not resulted in high enough program interest, the
Grantee will perform reasonable public education activities at
the City's direction at a cost not to exceed $.10 of the monthly
billing.
6. Local Manager - The Grantee shall at all times during the term of
this agreement have a local manager charged with the
responsibility for supervision of the recycling operations and
obligations of the Grantee.
C. Obligations of City The City shall have lead responsibility for
directing the development and expenditures of the Public Awareness
Program as provided in paragraph B.(5). The City also agrees to take
such steps as may be reasonably necessary to protect recyclable
materials placed at the curbside for collection by Grantee under the
terms of this Agreement and shall deliberate upon the merits of
enacting and reasonably enforcing an anti-scavenging ordinance.
D. Funding and Rates for Collection
1. Funding Sources The residential curbside collection program
will be funded by four sources: a monthly recycling fee to all
eligible residents; revenue from the sale of collected recyclable
material; savings in disposal cost of material diverted from the
landfill; and grant funds when available and awarded.
a. A monthly recycling fee charged to eligible residents is the
primary source of funding for this program. In general, it
will be allocated equally among the customer base receiving
said recycling service and will be determined by the
Grantee's operating expenses directly attributable to the
recycling program, less: revenue received from the sale of
collected recyclable material, the savings realized in
disposal costs of material diverted from the landfill, and
application of grant funds. Specific fee information is
outlined in paragraph D.(2) below.
b. All collected recyclable material will be sold at fair market
value and revenues obtained from such sales shall be retained
by Grantee as an offset against operating expenses.
c. Recyclable materials collected in the program will be
diverted from disposal in the landfill, thereby resulting in
a cost savings to Grantee ("Landfill Diversion Credit"). On
a monthly basis, Grantee will determine the recycled material
tonnage collected and the resulting Landfill Diversion Credit
Ordinance No. 2443
Page 4
and will credit this savings during the first year of
operation as an offset against operating expenses. When
reevaluating program costs in subsequent years, the City
agrees to consider Landfill Diversion Credits of less than
100%. The amount will be subject to negotiation and the
intent is to provide an economic incentive for the Grantee
towards increased participation and program success.
d. Any grant funds received will be applied to the costs of the
program when award is noticed or during the next rate review
procedure if the award takes place once a specific rate has
been determined, with the intent of directly reducing the
monthly fee to the homeowner.
2. Rates for Collection - It is the City's intent to ensure that the
rates charged to the citizens for the recycling program are
appropriate and equitable. Based on experience gained in the
City's pilot curbside and other recycling programs, the recycling
fee for the first period of operations will be $1.10 per month,
billed quarterly in the same manner as the trash collection fee.
The monthly fee of $1.10 per residence will be the established
fee for the period beginning February l, 1991 through March 31,
1992.
Specific rate review procedures will be prepared by the City and
will be used with the concurrence of the Grantee in consideration
of all requests for rate adjustments by the Grantee. Rate review
will include adjustments for actual sale of materials and
landfill diversion credits in previous period compared to
original estimated amounts. Shortfalls or overages will be used
in determining rates for upcoming periods. Rate review will be
conducted annually beginning in January 1992, and will be
concluded prior to the notification deadline for the 45 day
notice of the annual CPI increase for refuse collection as
referenced in Section 9 of the franchise as amended by Ordinance
No. 2104, Rates for Collection. An increase in rates for
recycling services will be subject to the same limitations and
conditions for refuse collection rates listed in Section 9.
By amending Chapter 8.24 of the Chula Vista Municipal Code, the
City may establish a program for preferential rates for senior
citizens or other classifications which are deemed to be in the
public interest. The program parameters and rate structure will
be determined by the City with the concurrence of the Grantee.
All changes to a preferential rate will be subject to the rate
review and notification procedures referenced in this paragraph
as well as the limitations and conditions for refuse collection
rates listed in Section of Ordinance No. 2104.
Ordinance No. 2443
Page 5
E. Reports Grantee shall file with the City written quarterly and
annual reports of Grantee's performance under this agreement as
follows:
1. Quarterly Project Reports Within fifteen (15) working days
after the last day of each quarter, Grantee shall submit a
quarterly project report to include but not be limited to the
following:
a. Summaries of tonnage of all recyclable materials recovered,
by material.
b. Summaries of tonnages of all recyclable materials sold, by
material.
c. Market price for all recyclable materials collected from the
curbside and sold by Grantee. The weight receipts shall be
available for inspection by the City.
d. Resident participation rates in terms of weekly set-out
Counts.
e. Overall assessment of performance during the quarter.
f. Discussion of problems and noteworthy experiences in program
operation.
g. Recommendations to increase tonnage of recyclable materials
recovered.
2. Annual Report - On or before July 31 of each year of the term of
this agreement, Grantee shall submit a fiscal year-end annual
report to include but not be limited to the following:
a. A collated summary of the information contained in the
quarterly reports, and a summary of the participation rates
and tonnages of recovered material.
b. A report of public awareness activities and their impact on
participation and recovered volumes.
c. A report of highlights and other noteworthy experiences,
measures taken to resolve problems, increase efficiency and
household participation.
d. Additional information as necessary to meet State and/or
Federal mandated reporting requirements.
Ordinance No. 2443
Page 6
F. Performance Standards - This Agreement for curbside recycling
services is subject to the performance standards and franchise
conditions detailed in Section 14 Forfeiture of the franchise,
(Ordinance No. 1993). While it is the intent of Section 21 to
describe specific recycling collection services to be provided by the
Grantee in addition to existing refuse collection and disposal
services, Grantee agrees that acceptable performance of recycling
services will be considered severable from this agreement.
G. Additional Franchise Fee - The Grantee, as part of the consideration
of this agreement, agrees to pay to the City an additional franchise
fee at a rate consistent with that paid for refuse collection and
detailed in Section 4 Consideration of the franchise, as amended by
Ordinance 2104. This rate will begin at seven percent (7%) of the
annual receipts collected by said Grantee within the City of Chula
Vista from residents for the recycling program within the City.
Beginning April l, lggl, the franchise fee shall be increased by
one-half percent (1/2%) and one-half percent (1/2%) each April
thereafter until it reaches a maximum of ten percent. It is
understood that any increase in the franchise fee by the City shall
be cause for the Grantee to increase charges in order to "pass
through" the cost of the franchise fee.
H. Term - It is the intent of the City that the term for the provision
of Residential Curbside Recycling Services shall be to the year 2002,
subject to a two year notice of cancellation by the City without
cause which cannot be tendered sooner than the end of the third
year. The services remain cancellable for cause at any time.
I. Recycling Program Expansion - It is the City's intention to develop a
comprehensive recycling program to reduce the amount of material
being disposed of in County landfills and to comply with the mandates
of the California Integrated Waste Management Act of lgBg (AB 939).
Both parties hereby agree that the City may not go out to bid for the
expansion of this recycling program to other land uses (e.g.,
multiple family, commercial, industrial) or other recyclable
materials (e.g., yard waste, etc.) until after the City has met and
conferred with Grantee with regard to its intent to do so. If
separate amendments to the agreement for refuse collection and
disposal are not negotiated between the City and the Grantee, the
City may go out to separate bid. Until a Citywide commercial
recycling program has been established, Grantee may pursue voluntary
commercial recycling accounts in the City.
Ordinance No. 2443
Page 7
SECTION II: This ordinance shall take effect and be in full force and
effect on the thirtieth day from and after its adoption.
Presented by Approved as to form by
Stephanie Popek Bruce M. Boogaard
Principal Management Assistant City Attorney