HomeMy WebLinkAboutOrd 1991-2475 ORDINANCE NO. 2475
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING ORDINANCE NO. 1993 CLARIFYING METHODOLOGY FOR
CALCULATING FUTURE RATE INCREASES TO COLLECT AND DISPOSE
OF REFUSE
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I. Section 9 of the Ordinance No. 1993, adopted on or about July
28, 1982, as substantially amended by Ordinance No. 2104, adopted March 5, 1985,
is hereby amended to read as follows:
Section 9. Rates for Collection.
9.1 Basis for Future Modifications,
The rate charged to, and to be paid by, waste removal ratepayers
("Ratepayers") in the city of Chula Vista, shall be those as may from time
to time be established by Council resolution determined in accordance with
the provisions of this Section. The rates to be charged at the time of
the codification of this ordinance amending this section shall be those
established by Resolution No. 16301, adopted on August 27, 1991.
9.2 Rate Modification Procedure.
Either Party may, upon filing a notice of intention to modify rates
("Notice of Intention") which contains accurate and complete information
satisfactorily supportin any increase requested, forty-five (45) days in
advance ("Notice Period"t with the other Party, modify rates subject to
the following conditions and limitations:
1. Contents of Notice of Intention.
The Notice of Intention shall demonstrate for each type of service
(residential, commercial), the existing rate; that portion of said
rate charged for the purpose of reimbursing the Grantee for
Grantee's landfill costs ("Landfill Rate Component"), that portion
of said rate charged for the purpose of paying the required
franchise fees imposed under the authority of this Ordinance
("Franchise Fee Rate Component"), and that portion of said rate
charged for all other purposes ("Other Rate Component"); the amount
of modification in each component of the rate that is being sought;
the amount of the modification in the entire rate being sought; the
amount of the new Rate Component; the amount of the new rate after
the proposed modification; and the justification for said proposed
modification.
Ordinance No. 2475 '
Page 2
2. Other Rate Component Changes.
The proportion of modification to the "Other Rate Component" shall
be limited by the proportion of change since grantee's last rate
increase in San Diego area Consumer Price Index for all urban
consumers as compiled by the United States Department of Labor,
Bureau of Labor Statistics for the latest twelve-month period for
which statistics are available. In no event shall the amount of the
increase exceed six percent (64) of the service rates.
a. In the event that the Consumer Price Index referred to in
paragraph 3 above shall no longer be published, then another
similar generally recognized index may be substituted upon
approval by the City Manager.
3. Landfill Rate Component Changes.
The proportion of modification to the Landfill Rate Component shall
not exceed the proportion of change since grantee's last rate
increase in the rate charged by the County of San Diego to Grantee
for "tipping fees" at the Otay Landfill, or if the Otay Landfill has '
been closed, at the next closest operating landfill, for the latest
twelve-month period.
4. Franchise Fee Rate Component Changes.
The proportion of modification to the Franchise Fee Rate Component
shall not exceed the proportion of change in the Franchise Fee that
is or may be required by law to be paid to the City of Chula Vista.
5. Increase Approval Hierarchy.
Annual modifications which constitute rate increases shall be
subject to the review and written approval of the City Manager,
unless the City Council shall, within 20 days ("Public Hearing
Option Period") after the commencement of the Notice Period set the
rate modification request for public hearing, in which case said
rate increases shall be subject to, and not instituted until, the
review and written approval of the City Council after said public
hearing.
6. No Public Hearing Approval Procedure.
If the City Council has not set a public hearing during the Public
Hearing Option Period, the City Manager shall notify grantee in
writing of his approval or denial of the increase within five (5) '
days of the end of the Public Hearing Option Period.
Ordinance No. 2475
Page 3
7. Notice to Grantee of Public Hearing Approval Procedure.
The City Council shall havae the unilaterial right to require a
hearing for any rate increase at its discretion. If the City
intends to require a public hearing, it shall notify grantee within
five {5} days after the end of the Public Hearing Option Period.
8. Automatic Approval.
In the absence of any written communication from the City Manager or
Council within five (5) days after the end of the Public Hearing
Option Period to the contrary, a modification representing a rate
increase is deemed approved.
9. Frequency of Rate Increase Requests.
No more than one such increase may be implemented in any one
calendar year although grantee shall have at any time the right to
submit a request to the City Council for additional rate relief at
any time extraordinary expenses are incurred.
9.3 Senior Rate Schedules.
The City Council of the City of Chula Vista may at any time, by
amending Chapter 8.24 of the Chula Vista Municipal Code, establish a
program for preferential rates for senior citizens or other
classifications which are deemed to be in the public interest.
9.4 Variable Rate Structure.
Grantee agrees to discuss with the City the concept, design and
implementation of a change in rate structure from a fixed rate to a rate
structure which would vary based on the number and size of containers, or
such other basis which the City believes would provide an incentive for
waste reduction.
SECTION II. This ordinance shall take and be in full force and in effect
thirty (30} days after the final passage and adoption hereof.
Ordinance No. 2475
Page 4
SECTION III. The City Clerk shall certify to the passage and adoption of
this Ordinance; shall enter the same in the book of original ordinances of said
City; and shall make a minute of the passage and adoption hereof in the minutes
of the meeting at which the same is passed and adopted.
Presented by Approved as to form by
Lym~ Christopher v Bruce M. Boogaard
Director of Finance City Attorney
Ordinance No. 2475
Page 5
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 3rd day of September, 1991, by the following vote:
AYES: Councilmembers: Malcolm, Moore, Nader
NOES: Councilmembers: Rindone
ABSENT: Councilmembers: Grasser Hotton
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
ATTEST:
~Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Ordinance No. 2475 had its first reading on
August 13, 1991, and its second reading and adoption at a regular meeting of said
City Council held on the 3rd day of September, 1991.
Executed this 3rd day of September, 1991.
Beverly A. ~uthelet, City Clerk