RESOLUTION NO. __________
RESOLUTION OF THE CI TY COUNCIL OF THE CI TY OF
CHULA VISTA ACCEPTING THE RESULTS OF THE PUBLIC
PROTESTS AND PUBLIC HEARING AND APPROVING THE
NEW AND ADJUSTED RATES FOR ORGANIC WASTE
COLLECTION SERVICES TO COMPLY WITH STATE
ORGANIC WASTE REGULATIONS WITH CORRESPONDING
AMENDMENTS TO THE CITY’S MASTER FEE SCHEDULE
WHEREAS, in 2014, the City of Chula Vista (City) and Republic Services entered into an amended and restated solid waste and recycling franchise agreement to provide solid waste collection services to all residential and commercial properties in Chula Vista (the “Franchise”); and
WHEREAS, Senate Bill 1383 (SB 1383) was signed into law establishing methane emissions reduction targets of short -lived climate pollutants and requiring all jurisdictions in the State to establish new organic waste collection programs that divert the disposal of organic waste into landfills; and
WHEREAS, on September 14, 2021 , the City Council, via City Council Resolution No. 2021-077, conditionally approved a request from Republic Services for proposed new and adjusted rates for organic waste collection services mandated by SB 1383 for residential and commercial properties, and directed staff to conduct the proceedings necessa ry to implement the proposed rates; and
WHEREAS, notices of the public hearing to consider the proposed new and adjusted rates were sent to record owners of real property and Republic Services customers of record in the City of Chula Vista, as provided for in Government Code section 53755 and as required by Article 13D, section 6 of the California Constitution (a copy of the notice is attached to this resolution as Exhibit “A” and is incorporated herein as though set forth in full); and
WHEREAS, the notices of public hearing provided information to record owners of real property and Republic Services customers of record in the City of Chula Vista on how to submit a protest for the proposed new and adjusted rates for organic waste collection services; and
WHEREAS, on June 14, 2022, at a regular meeting of the City Council, t he City Council conducted a public hearing to consider the new and adjusted rates for organic waste collection services for residential and commercial properties and all protests received relative thereto; and
WHEREAS, at the hearing, the City Council was provided with a staff report recommending approval of the new and adjusted rates and heard testimony (if any) for and against the proposed new and adjusted rates; and
WHEREAS, copies of all written protests were before the City Council and the final tally of written protests received by the City Clerk from owners of real property and other person s entitled to submit protests was less than a majority of record of owners of real property; and
WHEREAS, the City Council received and considered all duly submitted written protests as to the proposed new and adjusted rates for organic waste collection services; and
WHEREAS, California Government Code section 53756 permits the adoption of a schedule of fees authorizing automatic adjustments that pass through to property-relates service rates for a period not to exceed five years.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows:
1. The City Council has considered all protests received and accepts the results of the public hearing duly held on June 14, 2022.
2. The City Council approves new and adjusted rates for organic waste collection services for residential and commercial customers in amounts not to exceed the maximum rates set forth in Exhibit B to this Resolution.
3. The City Council approves the automatic Consumer Price Index (CPI) adjustments to these maximum rates for a period not to exceed five years in the manner and to the extent authorized by the Amended and Restated Solid Waste and Recycling Franchise Agreement between the City of Chula Vista and Republic Services and California Government Code section 53756.
4. The City Council authorizes and directs the City Manager to amend the City’s Master Fee Schedule in accordance with the terms of this Resolution.
Presented by Approved as to form by
Eric C. Crockett Glen R. Googins
Deputy City Manager City Attorney