HomeMy WebLinkAboutOrd 1993-2562 ORDINANCE NO. 2562
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
ORDINANCE NO. 1993, AS AMENDED, BY MODIFYING THE TERMS
OF THE LAIDLAW WASTE SYSTEMS, INC. FRANCHISE TO REQUIRE
COLLECTION OF RECYCLABLE MATERIALS FROM MULTI-FAMILY
RESIDENCES WITHIN THE CITY OF CHULA VISTA AND TO RESELL
SAID MATERIALS
The City Council of the City of Chula Vista does ordain as follows:
SECTION 1: That Section 1 of Ordinance No. 1993, as has been amended from
time to time, is hereby amended to read as follows:
"Section 1. Definitions.
Whenever in this ordinance the words or phrases hereinafter in this section defined are used, they
shall have the respective meaning assigned to them in the following definitions (unless in the given
instance, the context wherein they are used shall clearly import a different meaning):
A. "Aluminum" means recoverable aluminum materials such as used beverage containers, siding,
screening, and other manufactured items.
B. "Bulky Waste' means large items of solid waste such as White Goods, furniture, large auto parts,
trees, stumps and other oversize wastes whose large size precludes or complicates their handling
by normal collection, processing or disposal methods.
C. "Buy-back Center" means a facility which pays a fee for the delivery and transfer of ownership
to the facility of source separated materials for the purpose of recycling, mulching or
composting.
D. "City' shall mean the City of Chula Vista, a municipal corporation of the State of California in
its present incorporated form or in any later reorganized, consolidated, enlarged or
reincorporated form.
E. "Collecfion" means the act of collecting Solid Waste materials, or Recyclables at Residenfial,
commercial, industrial, or governmental sites, and hauling it to a facility for processing, transfer,
disposal or burning.
F. "Contract or Franchise Agent(s)" means any person or entity designated by the City Council
pursuant to Article XII of the City Charter and Chula Vista Municipal Code, Chapter 8.24, as
being responsible for administering, directing, supervising, collecting, operating and/or
providing for the disposal or transfer of refuse, or the collection and/or processing of Designated
Recyclables.
G. "Curbside Collection" means the collection of Designated Recyclables from the Residential waste
stream from the curb or alleyway. May include single-family, Multi-family residences and
mobile home trailer courts that receive curbside collection of refuse or that are otherwise
specially designated as having curbside collection.
Ordinance No. 2562
Page 2
H. "Designated Recycling Collection or Storage Location" means a place designated by the City
Manager in conjunction with the Contract or Franchise Agent(s) for pick up or storage of
recyclables segregated from other waste material Designated Recycling Collection or Storage
Locations include, but are not limited to, the curbside of a Residential neighborhood; the service
alley, loading dock, or basement of a commercial enterprise or Multi-family complex.
I. "Designated Recycling Containers" ("Containers") shall mean those containers or receptacles
designated by the City Manager or its Con~'act or Franchise Agent for pick-up or storage of
Designated Recyclables.
J. "Designated Recyclables" means materials that are recyclable, reclaimable, and/or reusable
within the following categories of Residential, commercial and industrial and as defined more
specifically herein within each category. Any material having an economic value on the
secondary materials market or that is otherwise salvageable shall be included and/or other
materials that have been separated from other Residential, commercial, or industrial Solid Waste
for purposes of being recycled for resale and/or reuse, and placed at a Designated Recycling
Collection or Storage Location or in a Designated Recycling Container for the purpose of
collection and processing, or any such Designated Recyclables materials collected under a Mixed
Waste Processing program.
K. "Exterior Recycling Containers" means Designated Recycling Containers to be used for outside
storage of Franchised Recyclables.
L. "Franchised Recyclables" means any Residential Recyclables, as defined herein and by CVMC
Chapter 8.25, placed in Designated Recycling Containers placed at Designated Recycling
Collection or Storage Location(s) to be collected by the Grantee, excluding yard waste.
M. "Garbage" means all kitchen and table waste, and animal or vegetable waste that attends or
results from the storage, preparation, cooking, or handling of food stuffs, except organic wastes
separated therefrom and used in composting in accordance with Chula Vista Municipal Code
Chapter 8.25, Section 8.35.090.
N. "Glass Bottles and Jars" means food and beverage containers made from silica or sand, soda ash
and limestone, the product being transparent or translucent and being used for packaging or
bottling, including container glass designated redeemable under the California Beverage
Container Recycling and Litter Reduction Law, Division 12.1 (commencing with Section 14500)
of the California Public Resources Code, as well as glass jars and bottles without redeemable
value ("scrap"), but excluding household, kitchen, and other sources of non-container glass such
as drinking glasses, ceramics, light bulbs, window pane glass, and similar glass products that
are not bottles or jars.
O. "Grantee" shall mean Laidlaw Waste Systems, Inc. and its lawful successors or assigns.
P. "Gross Receipts" shall mean all gross operating revenues received by Grantee from the collection
and disposal of refuse or collection and sale of recyclable materials.
Q. 'Interior Recycling Containers" means a small {approximately 6 gallon) Designated Recycling
Container to be provided to each eligible residential customer in the Multi-family Recycling
program.
Ordinance No. 2562
Page 3
R. "Landfill" means a disposal system by which solid waste is deposited and compacted before
burial in a specially prepared area which provides for environmental monitoring and treatment.
S. "Mixed Waste Processing" means a system of recovering recyclables from the mixed waste
stream through separation at a processing facility, transfer station, Landfill, or other such facility
instead of separation at the waste generation source.
T. "Multi-family" means a structure or structures containing a total of 3 or more dwelling units in
any vertical or horizontal arrangement on a single lot or building site.
U. "Newspaper" means newsprint-grade paper including any inserts that come in the paper, and
excluding soiled paper, all magazines, and other periodicals, telephone books, as well as all
other paper products of any nature.
V. "Nuisance" means anything which is injurious to human health, or is indecent or offensive to
the senses, and interferes with the comfortable enjoyment of life or property, and affects at the
same time an entire community or neighborhood, or any number of persons, although the
extent of annoyance or damage inflicted upon the individual may be unequal, and which occurs
as a result of the storage, removal, transport, processing, or disposal of Solid Waste, compost,
and/or Designated Recyclables.
W. "Plastic Bottle" means a plastic container with narrow neck or mouth opening smaller than the
diameter of the container body, used for containing milk, juice, soft drinks, water, detergent,
shampoo or other such substances intended for household or hospitality use; to distinguish from
non-bottle containers (e.g., dell or margarine tub containers) and from non-household plastic
bottles such as those for containing motor oil, solvents, and other non-household substances.
X. "Processing" means the reduction, separation, recovery, conversion, or Recycling of Solid waste.
Y. "Recycling" shall mean any process by which materials which would otherwise become Solid
Waste are collected (source separated, commingled, or as "mixed waste"), separated and/or
processed and returned to the economic mainstream in the form of raw materials or products
or materials which are otherwise salvaged or recovered for reuse.
Z. "Refuse" means Garbage and Rubbish.
AA. "Removal" means the act of taking Solid Wastes or Designated Recyclables from the place of
generation either by the Contract or Franchise Agent(s), or by a person in control of the
premises.
BB. "Removal Frequenc3~' means frequency of removal of Solid Wastes or Recyclables from the place
of generation.
CC. "Residential" for purposes of this Chapter, means any building or port/on thereof designed or
used exclusively as the residence or sleeping place of one or more persons, including single and
multiple family dwellings, apartment-hotels, boarding and lodging houses. Residential does not
include short-term residential uses, such as motels, tourist cabins, or hostels which are regulated
as Hospitality establishments as defined in Sub-Section U of CVMC Chapter 8.25.
Ordinance No. 2562
Page 4
DD. "Residential Recyclables" means those specific recyclable materials from Residential Solid Waste
(single family and multi-family) including, but not limited to, Aluminum, Glass Bottles and Jars,
Newspaper, Plastic Bottles, Tin and Bi-Metal Cans, White Goods, and Yard Waste.
EE. "Rubbish" means non-putrescible solid wastes such as ashes, paper, yard clippings, glass,
bedding, crockery, plastics, rubber by-products or litter. Such materials that are designated as
Recyclable or Compost may be exempt from categorizing as rubbish provided such materials are
handled, processed and maintained in a properly regulated manner.
FF. "Scavenging" means the uncontrolled and/or unauthorized removal of Solid Waste, Designated
Recyclables or recoverable materials.
GG. "To Segregate Waste Material" means any of the following: the placement of Designated
Recyclables in separate Containers; the binding or bagging of Designated Recyclables separately
from other waste material and placing in a separate container from Refuse, or the same
Container as Refuse; the physical separation of Designated Recyclables from other waste
material (either at the generating source, Solid Waste transfer station, or processing facility).
HH. "Solid Waste" means all putrescible and nonputrescible solid, semi-solid and liquid wastes, such
as Refuse, Garbage, Rubbish, ashes, industrial wastes, demolition and construction wastes,
abandoned vehicles and parts thereof, discarded home and industrial appliances, manure,
vegetable or animal solid and semi-solid wastes, also includes liquid wastes disposed of in
conjunction with Solid Wastes at Solid Waste transfer/processing stations or disposal sites, but
excludes: sewage collected and treated in a municipal or regional sewage system or materials
or substances having commercial value or other importance which can be salvaged for reuse,
Recycling, cornposting or resale.
II. "Storage" means the interim containment of Solid Wastes, Yard Wastes, or Recyclables in an
approved manner after generation and prior to disposal, Collection or processing.
Jj. "Streets" shall mean the public streets, ways, alleys and places as the same now or may hereafter
exist within said City, including state highways now or hereafter established within said City.
I<K. "Tin and Bi-Metal Cans" means any steel food and beverage containers with a tin or Aluminum
plating.
LL. "Transfer or Processing Station" means those facilities utilized to receive Solid Wastes and to
temporarily store, separate, convert, or otherwise process the Solid Waste and/or Recyclables.
MM. "Unit" means an individual residence contained in a Residential Multi-family complex.
NN. ~VVhite Goods" means kitchen or other large enameled appliances which includes, but is not
limited to, refrigerators, washers, and dryers.
OO. "Yard Wastes" means leaves, grass, weeds, and wood materials from trees and shrubs from single
family and multi-family Residential sources (to include landscape haulings from residential
SOurces),
Ordinance No. 2562
Page 5
SECTION 2: That Section 2 of Ordinance No. 1993, as has been amended from
time to time, is hereby amended to read as follows:
"Section 2. Puzpose.
The franchise to collect and dispose of Refuse and to collect Residential Recyclables, excluding Yard
Waste, from single family and Multi-family dwellings within the City of Chula Vista in the manner and
on the terms herein specified and to use for such purposes the Streets, ways and places within said City
is hereby granted to Laidlaw Waste Systems, Inc. its successors and assigns."
SECTION 3: That a new Section 22 is added to Ordinance No. 1993, as has been
amended from time to time, which new Section 22 shall read as follows:
"Section 22. Residential Multi-family Recycling Services.
Grantee shall provide Residential Recycling services to all Multi-family dwellings within the territory
of the City as follows:
A. Exclusivity - The City grants to Grantee, for the term herein specified and subject to such
terminations herein allowed, the exclusive right to collect Residential Recyclables, excluding Yard
Waste, deposited in Designated Recycling Containers (or alternatively, "Containers") located at
Designated Recycling Collection or Storage Location(s) as may be identified on each Multi4amily
residential parcel within the City. This grant of exclusive license is not intended and does not
preclude duly licensed non-profit organizations and community groups from conducting recycling
programs for the purpose of raising funds, nor does it preclude a person from selling or otherwise
disposing of their own Recyclables at a Buy-back Center or for donation, so long as said collection,
donation or sale does not occur at the Designated Recycling Collection or Storage Location.
However, once the Residential Recyclables have been placed in the Designated Recycling Containers
provided by the Grantee, the material CFranchised Recyclables") becomes one of the subject matters
of this grant of franchise. The Grantee agrees to cooperate with the City in reaching a modification
to this ordinance to the extent required by law at anytime it should be deemed necessary in the
future.
B. Obligations of Grantee.
1. Implementation Schedule - Grantee shall commence and diligently implement this franchise
Citywide from the date of this franchise so that all multi-family residential complexes in the City
have Recycling Collection service by October 1, 1993 in accordance with the Cit,/s mandatory
recycling ordinance, Chapter 8.25 of the Chula Vista Municipal Code.
2. Collection - Grantee shall furnish said labor, services, materials and equipment required to
perform this franchise.
Grantee shall provide Collection and Removal services for all Franchised Recyclables subject to
the provisions of this ordinance which are placed in Designated Recycling Containers at
Designated Recycling Collection or Storage Locations, as defined by the City of Chula Vista
Municipal Code Chapter 8.25, segregated from Refuse, separated by commodity as outlined
herein, from all Multi-family residences. Grantee shall collect the Franchised Recyclables not
less than once per week and provide any additional Collection as shall be necessary to prevent
overflow of the Exterior Recycling Containers, regardless of weather conditions. Collection will
be on regularly scheduled days as shall be arranged with the building property owner, manager
Ordinance No. 2562
Page 6
or designated agent thereof. The Grantee and the City will mutually agree to any changes in
Collection schedule frequencies or Removal Frequency. Grantee will notify the building property
owner, manager or, designated agent thereof, of any changes in Collection day(s) by written
notification no later than two weeks prior to the affected day, to be enforced nine months from
the date of this ordinance.
Design of Collection vehicles shall be done to limit the contamination and maximize the resale
value of collected Franchised Recyclables. Any and all changes to the established means of
Collection of Franchised Residential Recyclables, as herein outlined, shall be notified to the City
in advance, including any changes in the way that the Franchised Residential Recyclables are
collected (separated and/or commingled), design of vehicles, etc.
3. Containers - Grantee shall purchase and distribute Designated Recycling Containers, to include
the following:
a. Interior Recycling Containers. An appropriate Container to be used inside the Residential
Unit, shall be provided to each eligible Residential customer included in the Multi-family
Recycling program. The type 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.
Replacement of Containers that are stolen and/or damaged shall be made at no cost to the
resident at Grantee's discretion, up to one per Unit. If a Unit requires an additional Interior
Recycling Container beyond the maximum of two allowed, the property owner, manager or
designated agent thereof, may purchase additional interior Containers from the Grantee at
a cost not to exceed the market price of the Container and a reasonable handling charge.
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, etc.
b. Exterior Recycling Containers. An appropriate Container(s) shall be provided for use at each
Multi-family complex that meets the space restraints and Collection needs of the respective
complex and the residents therein. Said Containers may include 90 gallon carts on wheels,
2 cubic yard bin or 3 cubic yard bin. Each container shall conform to the following: slots
in lids for placement of beverage containers (circular holes of appropriate sizes) and
newspaper (narrow slots of appropriate size); plastic containers should include recycled
plastic content; be fire resistent; be of durable quality and warranty; be heat stamped or
labeled for commodity; be clearly labeled on the lids and the front facing of the bin, in
Spanish and English (with graphics) as to the Designated Recyclable(s) and "No Trash"; be
clearly labeled with the Grantee's name and phone number.
Grantee agrees to provide to each Multi-family complex at least one Exterior Recycling
Container per complex for cornmingled hard recyclables (Aluminum cans, Glass Bottles and
Jars, Plastic Bottles and Tin and Bi-Metal Cans) and one Exterior Recycling Container for
Newspapers or alternatively at least one, 2- or 3- yard divided bin that effectively separates
commingled hard recyclables from Newspapers. To the extent possible, Exterior Recycling
Containers will be required to be placed adjacent to or near the Refuse Collection
containers.
Ordinance No. 2562
Page 7
4. Transportation and Marketing of Franchised Recyclables - Grantee shall transport collected
Franchised Recyclables to a central collection and Processing 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 Franchised Recyclables as collected and in accordance with
any Processing contract held by the Grantee. No noncontaminated Franchised Recyclables shall
be Landfilled, unless approved by the City. Should market failure occur for one or more material
types, only the City Manager {or designee) of the City of Chula Vista may decide not to collect
the affected material. All written contracts, if any, with processors, recyclers or other buyers
of Franchised Recyclables shall be submitted to the City.
Franchised Recyclables that are contaminated due to the placement of Refuse in a Designated
Recycling Container, or inclement weather that leaves the Franchised Recyclables unmarketable,
may be landfilled. The Grantee shall retain a record of such occurrences and report said
occurrences to the City on a quarterly basis. Should contamination occur more than twice at a
single complex said complex shall be notified. Should contamination occur at a complex three
or more times, the complex shall be notified and charged the necessary disposal fee for dumping
the contaminated recyclables as Refuse at the Landfill.
S. Missed Pick-ups - In case of missed pick-up called in by a property manager, owner or
designated agent thereof, Grantee shall, where possible, provide Collection within 24 hours. If
unable to accommodate due to inadequate notice, the Franchised Recyclables shall be picked-up
on the next scheduled collection day and the property manager is to be notified. If the
Designated Recycling Containers are overflowing or otherwise creating a Nuisance as a
consequence of a missed pick-up, the Grantee is required to provide Collection within 48 hours
of notification of missed pick-up. Information on missed pick-ups shall be logged by Grantee
and shall be available to the City.
6. Public Awareness Program - The parties hereto agree to work diligently to formulate
promotional plans and/or advertising to encourage Recycling in the City and thereby maximize
the mutual benefits of this ordinance. The Grantee, in conjunction with the City, is responsible
for promotion, education and outreach activities related to the program. The Grantee will
prepare an Introductory packet of information regarding the Citywide Multi-family Recycling
program and will distribute such packet with the Interior Recycling Containers to each eligible
residence. The packet shall include, but not be limited to: a) an informational notice,
appropriate for hanging on refrigerator or other location indoors, that details all program
elements, Recyclables to be collected, how residents can participate, use of the Interior
Recycling Container, proper placement of Recyclables in Exterior Recycling Containers, the City's
mandatory recycling ordinance and recycling hotline phone number; b) posters that can be
placed in complex laundry rooms, pool areas and other public locations that explain the
program, materials to be collected, description of program elements, the City's mandatory
recycling ordinance and recycling hotline phone number.
All promotional materials shall be developed with the City's Conservation Coordinator's or other
designated City employee's advise and consultation, from the first step in development, through
the final printing and distribution of materials. No materials shall be developed or distributed
without the approval of the Conservation Coordinator or other designated City employee. All
Introductory Materials shall be fully translated into Spanish, unless otherwise approved by the
City. All subsequent materials shall be fully or at least partially translated into Spanish, unless
otherwise approved by the City. All program materials shall utilize graphic representation of
Designated Recyclables.
Ordinance No. 2562
Page 8
The Grantee shall provide to the City a detailed outline of program promotional materials to be
developed and outreach activities to be conducted in advance of program implementation. The
Grantee will participate in community and school outreach activities during the initial phase
of program implementation and provide ongoing outreach activities, to include, but not be
limited to, Multi-family tenant and owner associations, community events, media events, make
presentations to community groups and businesses on an as needed basis and as directed by the
City, and attend County-wide meetings related to recycling, speaking on the Cityas Multi-family
Recycling Program if needed and directed by the City. The Grantee also agrees to reasonably
assist in developing incentives to increase participation and tonnage collected, and to encourage
involvement of community and youth groups.
The Grantee and the City agree that the main purpose of an aggressive public education
program is to increase participation and diversion, as well as limiting contamination of
Franchised Recyclables. Beginning in the second year, if, in the City's judgement, 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 to the Grantee not to exceed $.10 per Unit per month. If needed, as part of the
educational activities as determined by the City with input from the Grantee, the Grantee will
develop incentives to increase participation, such as, offering rewards for complexes that have
high participation levels and high tonnage levels.
The Grantee agrees to provide technical assistance to property owners, managers or designated
agent thereof and work with the City to provide said technical assistance for Program design
and implementation. The Grantee agrees to work with the City to provide ongoing Program
monitoring sentices and quality control to prevent contamination of materials and encourage
participation to property managers, to include on-site visitations, as deemed necessary by the
Grantee and/or the City.
The Grantee will provide to the City a quarterly accounting of all outreach activities conducted
during the previous quarter. The Grantee will also provide an accurate accounting of all costs
associated with Program outreach, to include, but not be limited to, costs for designing of
outreach materials, printing of outreach materials, etc.
7. Local Manager - The Grantee shall at all times during the term of this ordinance have a local
manager charged with the responsibility for supervision of the recycling operations and
obligations of the Grantee and agrees to provide, at a minimum, one (1), half-time person
directly assigned to the Multi-family Recycling Program, whose duties are to include:
promotional material development and distribution; program monitoring (including on-site
visitations); educational outreach to school children; community outreach.
8. Anti-scavenging - The Grantee agrees to provide information to all property owners, managers
or designated agents thereof regarding the City's anti-scavenging ordinance and how to report
scavenging occurrences. The Grantee agrees to inform all of its employees of the City's anti-
scavenging ordinance on a regular basis and how said employees shall report scavenging
C. Obligations of the City - Subject to the provisions of Paragraph B5 of this ordinance, the City shall
have lead responsibility for directing the development and expenditures of the public awareness
activities for the Multi-family Recycling Program. The City also agrees to take such steps as may
Ordinance No. 2562
Page 9
be reasonably necessary to protect the Franchised Recyclables placed in the Designated Recycling
Collection or Storage Containers placed in the Designated Recycling Collection Location{s) for
collection by Grantee under the terms of this ordinance and shall reasonably enforce the City's anti-
scavenging ordinance (CVMC, No. 2492).
If during the initial period of the franchise, or any extension thereof, the City discontinues the
separate collection of multi-family recyclables and reverts to a Mixed Waste Processing system for
commingled collection of waste and recyclables, the City agrees to allow a rate adjustment to permit
the Grantee to recover the loss incurred on the sale of vehicular equipment specifically purchased
to meet the Grantees obligations under this ordinance. Such loss will be calculated by deducting
the realizable market value of the equipment from the reasonably depreciated book value of the
equipment at the time of the sale of equipment.
D. Funding and l~ates for Collection
1. Funding Sources - The Residential Multi-family Recycling Program will be funded by four
sources: a monthly recycling fee to all eligible residents (to be billed to the property manager
or resident, as with refuse billings); Net revenues from the sale of collected recyclable material;
savings in disposal cost of material diverted from the landfill; 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, as
determined by Section D.2 below, receiving said Recycling Collection services and will be
determined by the Grantee's operating expenses directly attributable to the recycling
program, less: revenues received from the sale of the collected Recyclables net of processing
and brokering fees, the savings realized in disposal costs of material diverted from the
landfill and any grant funds received for the program.
b. All collected Recyclables will be sold at fair market value, as outlined in Section B.3 above,
and net revenues obtained from such sales shall be retained by Grantee as an offset against
operating expenses. The City shall be notified of significant changes in fair market values
in writing as part of the quarterly reporting requirements.
c. Recyclables collected in the Program will be diverted from disposal in the landfill, thereby
resulting in a cost savings to the Grantee ("Landfill Diversion Credit"). On a monthly basis,
Grantee will determine the recycled material tonnage collected and the resulting Landfill
Diversion Credit based on the landfill disposal cost approved by Council for refuse collection
rates and will credit this savings during the fLrst 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 percent. 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 rate payeL
2. Rates for Collection - it is the City's intent to ensure that the rates charged to the citizens for
the Multi-family Recycling Program are appropriate and equitable. The monthly fee of $1.50
Ordinance No. 2562
Page 10
per unit will be the established fee for the period of July 1, 1993 through March 31, 1994,
billed in the same manner as the refuse collection fee.
Specific rate review procedures will be used by the City which are consistent with the
procedures used for normal Refuse Collection. Rate review will consider adjusm~ents for actual
sale of Recyclables 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 as referenced in Section 9 of the Franchise as amended,
including the amendment created by Ordinance No. 2204, Rates for Collection. An increase in
rates for Multi-family Recycling services will be subject to the same limitations and conditions
for Refuse Collection rates listed in Section 9.
Record Keeping and Reports - Grantee agrees to accurately record collection data sufficient to
comply with the reporting requirements delineated below and shall file with the City written
quarterly and annual reports of Grantee's performance under this ordinance as follows:
1. Quarterly Program Reports - Within fifteen (15) working days after the last day of each quarter,
Grantee shall submit a Quarterly Program report to include, but not be limited to, the following:
a. Tonnage summaries of all Franchised Recyclables Recovered, by material and including a
revenue statement of all sales of Franchised Recyclables from the Program, by material.
b. Market price for all Recyclables collected from the Multi-family Recycling Program and sold
by the Grantee and/or its processor assignee. The weight receipts and market value for
material at the time sold shall be available for inspection by the City.
c. Total number of customers served in the Program and resident participation rates in terms
of an overall Program average. Any increases to the number of customers serviced shall
also be reflected.
d. Discussion of problems and noteworthy experiences in the Program operation, to include
specifically contamination occurrences, listed by complex. Grantee agrees to monitor each
complex at least once per year in order to reflect general participation by complex residents,
contamination problems, other problems and assess need for additional public outreach
activities.
e. Report of all education and community outreach efforts conducted during the quarter.
f. Overall assessment of performance during the quarter.
g. Recommendations to increase tonnage of Franchised Recyclable materials recovered.
2. Annual Report - On or before July 31 of each year of the term of this ordinance, 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 average overall Program participation rates and tonnages of recovered Franchised
Recyclables.
Ordinance No. 2562
Page 11
b. Discussion of problems and noteworthy experiences in the Program operation, measures
taken to resolve problems, increase efficiency and Program participation. Number of
complaints listed by type of complaint, i.e., missed pick-up, quality of service, etc., that
occurred during the year.
c. Report of all education and community outreach efforts conducted during the year and a
discussion of their general impact on participation and recovered tonnages.
d. Overall assessment of performance during the year.
e. Recommendations to increase tonnage of recyclable materials recovered.
f. Additional information as necessary to meet State and/or Federal mandated reporting
requirements.
F. Performance Standards - This ordinance for Residential Multi-family 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 22 to describe specific Multi-family
Recycling collection services to be provided by the Grantee in addition to existing refuse collection
and disposal services, Grantee agrees that unacceptable performance of recycling services will be
considered severable from its other obligations under the Franchise.
Every reasonable effort must be made by the Grantee to maintain high levels of participation in
order to reach the City's established diversion goals and assist in meeting the diversion standards
set out in Assembly Bill 939 and the City and County's Mandatory Recycling Ordinances.
G. Additional Franchise Fee - The Grantee, as part of the consideration of this ordinance, 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 eight percent (8°/,) of the annual Gross Receipts collected by said Grantee within the City
of Chula Vista from residents for the Multi-family Recycling Program within the City, and increase
by one-half (1/2) percent in accordance with the refuse and single-family recycling franchise fee
increases. However, said franchise fee increase must be approved by City Council. It is understood
that any such 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 Multi-family
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
cancelable for cause at any time.
SECTION 3: This ordinance shall take effect and be in full force and effect
on the thirtieth day from and after its adoption.
Presented by I/~ ~~~
as to by
Ordinance No. 2562
Page 12
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 20th day of July, 1993, by the following vote:
AYES: Councilmembers: Fox, Horton, Moore, Rindone, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
ATTEST:
Beverly/k. 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. 2562 had its first reading on
July 13, 1993, and its second reading and adoption at a regular meeting of said
City Council held on the 20th day of July, 1993.
Executed this 20th day of July, 1993.
Beverly AZ Authelet, City Clerk