HomeMy WebLinkAboutAgenda Statement 1982/06/15 Item 17a, bJ
COUNCIL AGENDA STATEMENT
Item 17 a, b
Meeting Date: 6/15/82
At
Cit
exi
do
rec
sub
Mun
and
b.Ordinance /~~~ - Amending Chapter 8.24 of the
Municipal Code, relating to the Collection and
Disposal of Garbage and Litter in the City
BY: City Manager and City Attorney
(4/5th Vote: Yes No X )
TITLE: a•Resolutior+~~0 - of Intention to Grant a Franchise
for Refuse Co lection and Disposal to Chula Vista
Sanitary Service
heir meeting of April 27, 1982, the City Council directed the
Manager to undertake a negotiation of the renewal of the
ting contract with Chula Vista Sanitary Service. In conjunc-
with the renewal of the contract or a franchise, as is being
mmended by the City Attorney's office, it is also desirable to
tantially amend our existing Chapter 8.24 of the Chula Vista
cipal Code relating to the collection and disposal of garbage
litter in the City of Chula Vista.
~MMENDATION:
That the City Council adopt the resolution of
intention to grant a franchise, setting a
public hearing for July 13, 1982 and place the
ordinance amending Chapter 8.24 of the Chula
Vista Municipal Code on first reading.
BOA~tD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
Sub equent to the meeting of April 27, 1982, the City Manager and
Cit Attorney have met with representatives of Chula Vista
Sanitary and have reviewed documents presented by them for
con ideration (in their terms) of a franchise agreement, which
the had hoped might be acted upon at the meeting of June 15,
198
Aft r reviewing the documents presented by the Chula Vista
Sanitary Service, the City Attorney has recommended that we do
pro eed with a public hearing to grant a franchise to Chula Vista
San tary. That is the word that they have utilized throughout
the r documentation and in accordance with Article XII of the
(Continued on page two)
Item 17 a,b
Meeting Date: 6/15/82
Page Two
Ch rter, it is a perfectly appropriate way in which to go. At the
pr sent time, we do have a contract which has been in existence
si ce 1959 subject to many amendments. There is no significant
difference between the concept of a franchise and a contract
ex ept that the procedures for adopting a franchise as spelled out
in the Charter must be adhered to very strictly. It is the
fe ling of the City Attorney that such procedures do clearly
gu rantee the right of the citizens to examine the terms and
co ditions under which the refuse collection program in the City
of Chula Vista will be undertaken, and that this is very
de irable.
Th franchise ordinance which has been prepared does provide for a
to -year term. However, the Council may stipulate any term which
th y deem to be more advantageous to the public interest. It is
th recommendation of the City Attorney that a five-year term be
co sidered since this does seem to be consistent with the type of
co tract that Chula Vista Sanitary and other such services have
wi h other agencies in the County. Such matter can be fully
ex lored at the time of the public hearing.
It is recommended in the proposed franchise that the existing rate
st ucture, as approved by Resolution No. 10585 on August 4, 1981,
be retained until an appropriate review of the rate schedule
co sidering possible modification of such items as mandatory
co lection, reduced rates for seniors, and the increase in
fr nchise fee. The franchise proposes that said review take place
on or about October 1, 1982.
We are suggesting that the fee be raised from the existing 2~ to
4.5~. This is a reasonable increase in the franchise fee based
up n the obviously increased costs for street maintenance
ne essitated to some degree by the deterioration caused by the
re use collection operation.
Pr vision might be made to provide a rebate to senior citizens on
th theory that they do, in fact, generate less refuse than other
ty es of households or residential units. The rebate process
wo ld authorize a $2.00 rebate for single family residences and a
$1.00 rebate for apartment and mobile home dwellers. The rebate
pr cess is being recommended in lieu of other potential methods of
se uring a reduced rate for senior citizens because it is felt
th t such a rebate should apply not only to seniors who live in
'-~ ~a9~r
Item 17 a, b
Meeting Date: 6/15/82
Page Three
S ].
di
fu
ce
th
Sa
ne
to
igle family residences and receive individual billing, either
-ectly from the Sanitary Service or as contemplated in the
:ure from the Water Company, but should be granted to seniors
> reside in apartments or mobile homes where there is a
itralized trash collection and where they do not directly pay
bill, but are billed through their rental payments. The
iitary Service has suggested that such a rebate is not
;essarily equitable and further discussion will be required as
that matter.
Th re has been a proposal that the
be placed upon the November ballot
or finance". The City Attorney has
ti n such a "people's ordinance" w
at this time.
matter of mandatory collection
to be considered as a "people's
prepared for later considera-
hich is included in your package
Al hough the City Attorney has previously indicated support of a
pr posal for a "people's ordinance", he feels that such a matter
sh uld be incorporated in the existing ordinance amending Chapter
8. 4 of the Municipal Code. The matter of mandatory rubbish
co lection should not be subject to the electoral process. The
va t majority of our citizens because of their inability on a
in ividual basis to resolve the problem of disposal of refuse, pay
fo the collection as required by the City Code. The public
he lth and safety should not be subjected to a vote of the people
ev n though it is probable that it would receive a large
of irmative vote.
Th
Se
fo
City Attorney recommends that as a part of the amendment to
;tion 8.24.060 of Chapter 8.24 of the Municipal Code that the
.lowing sentences be incorporated therein:
It shall be the responsibility of such person to provide
for scheduled garbage, rubbish, or refuse collection by
means of the services of the contract or franchise
agent. It shall be mandatory for each such person to
utilize such service and to pay the collection charge
established by the City of Chula Vista for such service.
.,090,
Item No. 17 d, b
Meeting Date: 6/15/82
Page Four
Th
~~ F
of
amendment suggested is identical with that as provided in the
~ople's ordinance". If the Council desires to obtain a feeling
the people, the consideration of that particular section might
deferred to the public hearing scheduled on the franchise for
Ju y 13 and an additional resolution of intention, which is
in luded in your packet, could be adopted for the consideration of
th t measure.
As
re
to
fr
de
Se
Ju
FI
indicated, the ordinance is ready to be placed upon first
.ding and although it would it would not become effective prior
the date of the public hearing for consideration of the
nchise, it would provide a basis for the Manager's office to
elop the necessary information for Council consideration at
t public hearing and would become effective so as to be
perly a part of franchise agreement with Chula Vista Sanitary
vice if the franchise is approved by the Council on the 13th of
y, 1982.
CAL IMPACT: The increased franchise fee will produce an
additional $60,000 in revenues so that annual
revenues for a full year commencing in July of
1983 will be approximately $110,000.
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