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CC Resolution 2004-078RESOLUTION NO. 2004-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, SETTING THE SCHEDULE OF FEES AND CHARGES FOR THE COLLECTION, RECYCLING (AB 939) SERVICES AND DISPOSAL OF RUBBISH AND GARBAGE FROM COMMERCIAL, CONSTRUCTION, AND INDUSTRIAL (ROLL -OFF) ESTABLISHMENTS AND CERTAIN RESIDENTIAL PROPERTIES (DIRECT BILL) WITHIN THE CITY COMMERCIAL WASTE FEE SCHEDULE WHEREAS, the City Council has heretofore adopted Ordinance 314 ("Ordinance") establishing standards for the collection and disposal of refuse, trash, rubbish and other forms of solid waste; and WHEREAS, Ordinance 314 has been codified in the La Quinta Municipal Code and Charter of the City of La Quinta as Chapter 6.04, Refuse Disposal ("Chapter"); and WHEREAS, the City Council has determined that the disposal and/or collection of refuse, trash, rubbish, or other solid waste is a service to be performed in the City in accordance with the provision of this Chapter; and WHEREAS, pursuant to Section -6.04.010 of said Chapter and California Public Resources Code ' Section 40059, an exclusive franchise has been granted to Waste Management of the Desert ("Contractor") for the collection, transportation, recycling, composting, and disposal of solid waste from residential, commercial, construction, and industrial (roll -off) establishments within the City; and WHEREAS, Section 6.04.135 of said Chapter provides that the City Council shall establish by Resolution the Schedule of Fees that can be charged by Contractor for solid waste collection, disposal and recycling services; and WHEREAS, California Public Resources Code Section 41900 requires the City to demonstrate that it has a funding source, or sources, to pay the costs of preparing, adopting, implementing, and administering local recycling and source reduction programs; and WHEREAS, the City has heretofore adopted and imposed, in accordance with Section 41901 of the California Public Resources Code, an AB 939 Administrative Fee upon commercial, construction, and industrial establishments as set forth in the Schedule of Fees; and Resolution No. 2004-078 Commercial Waste Fee Schedule Adopted: July 20, 2004 Page 2 WHEREAS, the City and Contractor desire to leave no doubts as to their respective roles,* and that Contractor, not City, shall direct bill for services rendered to all commercial, construction and industrial establishments, as well as those residential properties that are not currently assessed on the property tax roll; and WHEREAS, the disposal increase and a permitted disposal pass through cost is permitted in the Amended and Restated Agreement for the Collection, Transportation and Disposal of Municipal Solid Waste; and WHEREAS, the Consumer Price Index (CPI) for the Los Angeles - Anaheim -Riverside Area between January 2003 *and 2004 has increased by 1.78% but the Amended and Restated Agreement for the Collection, Transportation and Disposal of Municipal Solid Waste permits a Consumer Price Index increase of 50%; and WHEREAS, the County disposal cost will increase by $0.54 per ton starting July 1, 2004 thru November 1, 2004; and WHEREAS, the total disposal cost will increase by $4.51 (which includes the $0.54) from November 1, 2004 thru June 30, 2005 when Edom Hill Disposal Facility closes and the municipal solid waste will be taken to the new County Transfer Station; and WHEREAS, the contractor has asked for a .89% Consumer Price Index (CPI) increase, a $0.54 cents per ton disposal increase from July 1, 2004 thru November 1, 2004, and an additional increase of $3.97 per ton disposal increase from November 1, 2004 thru June 30, 2005; and WHEREAS, at the time stated in the notice, to wit: July 20, 2004, at 7:00 p.m., this City Council conducted a public hearing on said report and on the adoption of this Resolution, heard and considered all objections, or protests to the report. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the City Council of the City of La Quinta, California as follows: 2 Resolution No. 2004-078 Commercial Waste Fee Schedule Adopted: July 20, 2004 Page 3 SECTION 1. The refuse service rates for commercial, construction, and industrial (roll -off) establishments and those residential properties not assessed on the property tax roll are set forth in Exhibit "A", to be effective July 1, 2004 through June 30, 2005. The Contractor shall not charge, or demand rates for such refuse collection services in excess of those set forth in the current approved rate schedule. SECTION 2. This City Council hereby finds that the collection of such charges is in the best interests of the users and the City of La Quinta. SECTION 3. The report filed by the City Clerk with this City Council contains the amount of the charges for the purposes of commercial waste collection and roll -off service fees for Fiscal Year 2004-2005. SECTION 4. The said commercial and roll -off refuse collection charges shall be for the Fiscal Year 2004-2005. SECTION 5. The Contractor is authorized to bill monthly in advance to all commercial, construction, and industrial (roll -off) establishments and those residential properties that are not assessed on the property tax roll. Contractor shall provide an itemized bill distinctly showing charges for all classifications of service including, but not limited to the charges for late payment, re -delivery fees, charges for additional containers, and any fees imposed upon by the City. SECTION 6. The Contractor shall collect and remit to the City on a monthly basis an AB 939 Administrative Fee from all commercial, construction and industrial (roll -off) establishments, as well as those residential properties that are directly billed by Contractor. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 20th day of July, 2004, by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None K3 Resolution No. 2004-078 Commercial Waste Fee Schedule Adopted: July 20, 2004 Page 4 DON AD PH, fdayor City of La Quinta, California ATTEST: %7 Jurg S. GREEK, CMC, City C k City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERI E JENSON, City Attorney City of La Quinta, California E Resolution No. 2004-078 Commercial Waste Fee Schedule Adopted: July 20, 2004 Page 5 100% FRANCHISED JULY 2004 2 YARD SERVICE Y s"ice Ei� SERVICE.-:fUITEN :5� � > 'Z ' •` ^:^a "T' GE 1 $ 51.24 $ 17.78 $ 3.88 $ 72.90 2 $ 89.26 $ 33.89 $ 7.76 $ 130.91 3 $ 125.41 $ 50.10 $11.63 $ 187.13 4 $ 161.35 $ 66.16 $15.51 $ 243.02 5 $ 197.35 $ 78.99 $19.39 $ 295.73 6 $ 233.64 $ 98.28 $23.27 $ 355.18 EXTRA EMPTY $ 30.75 ' 3 YARD SERVICE F! R 5K "" " SERVICE RATE, D "aASM MONTHLY CHARGE " �-- 1 $ 64.31 $ 25.46 5.82 $ 95.59 2 $ 110.68 $ 49.1-5 11.63 $ 171.46 3 $ 156.06 $ 72.18 17.45 $ 245.69 4 $ 198.05 $ 95.14 23.27 $ 316.46 5 $ 242.72 $ 118.64 29.07 $ 390.43 6 $ 285.87 $ 141.46 34.89 $ 462.22 EXTRA EMPTY $ 42.23 4 YARD SERVICE Pt` I - 'EEI SE ICE RATE DUMP FEE A8938 MONTHLY CHARGE 1 $ 87.94 $ 34.30 7.76 $ 130.00 2 $ 137.56 $ 64.51 15.51 $ 217.58 3 $ 189.06 $ 94.61 23.27 $ 306.94 4 $ 240.74 $ 125.05 31.01 $ 396.80 5 $ 289.62 $ 155.06 38.76 $ 483.44 6 $ 337.40 $ 184.93 46.51 $ 568.84 EXTRA EMPTY $ 57.12 5 Resolution No. 2004-078 Commercial Waste Fee Schedule Adopted: July 20, 2004 Page 6 EXHIBIT "A" 6 YARD SERVICE Page 2 SERVICE, RATE': €PEEPICKUPRWEEK AS939 MONTHLY CHARGE 1 $ 131.94 $ 51.00 11.63 $ 194.57 2 $ 206.36. $ 97.91 23.27 $ 327.54 3 $ 283.54 $ 143.67 34.89 $ 462.10 4 $ 361.36 $ 189.44 46.51 $ 597.31 5 $ 434.44 $ 236.02 58.14 $ 728.60 6 $ 506.13 $ 281.32 69.78 $ 857.24 EXTRA EMPTY $ 85.25 NEW START FEE $ 6.12 RE -START FEE $ 16.06 DELIVERY FEE $ 17.30 LOCKED ENCLOSURE $ 15.90 BIN PULL-OUT > 20' $ 28.14 LOCKING CONTAINER $ 54.92 REPLACEMENT LOCKING BAR $ 21.13 SATURDAY for service < 6x/wk $ 22.83 N Resolution No. 2004-078 Commercial Waste Fee Schedule Adopted: July 20, 2004 Page 7 CITY OF LA QUINTA REFUSE COLLECTION RATE AND DISPOSAL CHARGE JULY 1, 2004 ROLL OFF RATE PER PULL SERVICE 20 YARDS $88.88 30 YARDS $125.73 40 YARDS $148.77 Plus dump fees charged at $32.71 Plus AB939 fees charged at $13.10/ton remitted to City Delivery Charge $17.30 Extra Trip $49.18 Note: Compactor accounts will be charged at three times (3X) the basic roll -off rate OTHER FEES - RESIDENTIAL - COMMERCIAL - AND ROLL -OFF Start Fee $6.12 Restart Fee $16.06 Returned check $20.76 EXHIBIT "A" Page 3 Each service portion is increased by 4.5 tons X $2.17 per ton to cover the transportation fee. 7 Resolution No. 2004-078 Commercial Waste Fee Schedule Adopted: July 20, 2004 Page 8 CITY OF LA QUINTA- DIRECT BILLING- EXHIBIT "A" July 1, 2004 Page 4 REFUSE COLLECTION RATE AND DISPOSAL CHARGE WITH CPI AND PROPOSED TRANSFER STATION DISPOSAL RATE OF $34.51/TON RESIDENTIAL PROPERTY U LL M V H C. H .� a� a E rn m d e .• Single Family Home/Townhouse Condominium/Mobile o ¢ a` CY Home Individual Residence - Curb Service $8.70 $2.66 $0.61 $11.96 Waste Management Billing Individual Residence - Walk-in Service $12.17 $2.59 $0.61 $15.37 Waste Management Billing 3 cans, bags or bundles, up to 60 ft. distance • Any association of homeowners must select identical level of service to be provided. Monday service is to be based on availability of contractor/franchisee to provide necessary equipment and/or personnel. If Monday service is required by the association, a 10% premium will be added to the basic rate. The level of service may be changed once annually. • The basic curb rate is charged via tax roll, and the incremental cost is billed directly by contractor. • Additional waste container (Waste Management Billing)- $5.70 • The additional prorated disposal cost of $ .76 from the Riverside County rate increase for the months of July, August, September, and October of 2004 and the Edom Hill Transfer Station disposal cost increase for November, December 2004 has been added to the 2005 disposal rate. Ao Resolution No. 2004-078 Commercial Waste Fee Schedule Adopted: July 20, 2004 Page 9 100% FRANCHISED NOVEMBER 2004 2 YARD SERVICE 1 $ 51.24 $ 20.10 $ 3.88 $ 7522 2 $ 89.26 $ 38.29 $ 7.76 $ 135.31 3 $ 125.41 $ 56.61 $11.63 $ 193.64 4 $ 161.35 $ 74.76 $15.51 $ 251.62 5 $ 197.35 $ 89.25 $19.39 $ 306.00 6 $ 233.64 $ 111.05 $23.27 $ 367.96 EXTRA EMPTY I $ 33.37 3 YARD SERVICE z' ,•.. #�x,. <... 81rCE FITS DUl<AP ; CHA i 1 $ 64.31 $ 28.7.7 5.82 $ 98.90 2 $ 110.68 $ 55.54 11.63 $ 177.85 3 $ 156.06 $ 81.56 17.45 $ 255.07 4 $ 198.05 $ 107.51 23.27 $ 328.83 5 $ 242.72 $ 134.06 29.07 $ 405.85 6 $ 285.87 $ 159.85 34.89 $ 480.61 EXTRA EMPTY $ 45.83 4 YARD SERVICE D141P FEE* AIB McN4i` CNRCsE ^ :,.. ; 1 $ 87.94 $ 38.75 7.76 $ 134.46 2 $ 137.56 $ 72.90 15.51 $ 225.97 3 $ 189.06 $ 106.91 23.27 $ 319.24 4 $ 240.74 $ 141.31 31.01 $ 413.06 5 $ 289.62 $ 175.22 38.76 $ 503.60 6 $ 337.40 $ 208.97 46.51 $ 592.88 EXTRA EMPTY $ 62.02 7 Resolution No. 2004-078 Commercial Waste Fee Schedule Adopted: July 20, 2004 Page 10 EXHIBIT "A° 6 YARD SERVICE Page 6 PICKUP "PER iVIE+C SERGE RATE QUMR FEE ' A8939 MONTHLY CHARGE' 1 $ 131.94 $ 57.63 11.63 $ 201.20 2 $ 206.36 $ 110.64 23.27 $ 340.27 3 $ 283.54 $ 162.35 34.89 $ 480.78 4 $ 361.36 $ 214.07 46.51 $ 621.94 5 $ 434.44 $ 266.70 58.14 $ 759.28 6 $ 506.13 $ 317.89 69.78 $ 893.81 EXTRA EMPTY $ 92.51 OTHER CHARGES NEW START FEE $ 6.12 RE -START FEE $ 16.06 DELIVERY FEE $ 17.30 LOCKED ENCLOSURE $ 15.90 BIN PULL-OUT > 20' $ 28.14 LOCKING CONTAINER $ 54.92 REPLACEMENT LOCKING BAR $ 21.13 SATURDAY (for service < 6x/wk) $ 22.83 CITY OF LA QUINTA REFUSE COLLECTION RATE AND DISPOSAL CHARGE ROLL OFF RATE PER PULL SERVICE 20 YARDS $ 88.88 30 YARDS $ 125.73 40 YARDS $ 148.77 Plus dump fees charged at $35.68 Plus AB939 fees charged at $13.10/ton remitted to City Delivery Charge $ 17.30 Extra Trip $ 49.18 Note: Compactor accounts will be charged at three times (3X) the basic roll -off rate OTHER FEES - RESIDENTIAL - COMMERCIAL - AND ROLL -OFF Start Fee $ 6.12 Restart Fee $ 16.06 Returned check $ 20.76 Each service portion is increased by. 4.5 tons X $2.17 per ton to cover the transportation fee. 10 Resolution No. 2004-078 Commercial Waste Fee Schedule Adopted: July 20, 2004 Page 11 CITY OF LA QUINTA REFUSE COLLECTION RATE AND DISPOSAL CHARGE NOVEMBER 1, 2004 ROLL OFF RATE PER PULL SERVICE 20 YARDS $ 88.88 30 YARDS $ 125.73 40 YARDS $ 148.77 Plus dump fees charged at $ 36.68 Plus AB939 fees charged at $13.10/ton remitted to City Delivery Charge $ 17.30 Extra Trip $ 49.18 Note: Compactor accounts will be charged at three times (3X) the basic roll -off rate -- OTHER FEES - RESIDENTIAL - COMMERCIAL - AND ROLL -OFF Start Fee $ 6.12 E Restart Fee ' $ 16.06 Returned check $ 20.76 Each service portion is increased by 4.5 tons X $2.17 per ton to cover the transportation fee. EXHIBIT "A" Page 7 I 11 Resolution No. 2004-078 Commercial Waste Fee Schedule Adopted: July 20, 2004 Page 12 CITY OF LA QUINTA- DIRECT BILLING- EXHIBIT °A" July 1, 2004 Page 8 REFUSE COLLECTION RATE AND DISPOSAL CHARGE WITH CPI AND PROPOSED TRANSFER STATION DISPOSAL RATE OF $34.51/TON RESIDENTIAL PROPERTY U U_ M H 0. H Single Family Home/Townhouse Condominium/Mobile Z cn E o M _ CY Home -� Individual Residence - Curb Service $8.70 $2.66 $0.61 $11.96 Waste Management Billing Individual Residence - Walk-in Service $12.17 $2.59 $0.61 $15.37 Waste Management Billing 3 cans, bags or bundles, up to 60 ft. distance • Any association of homeowners must select identical level of service to be provided. Monday service is to be based on availability of contractor/franchisee to provide necessary equipment and/or personnel. If Monday service is required by the association, a 10% premium will be added to the basic rate. The level of service may be changed once annually. • The basic curb rate is charged via tax roll, and the incremental cost is billed directly by contractor. • Additional waste container (Waste Management Billing)- $5.70 • The additional prorated disposal cost of $ .76 from the Riverside County rate increase for the months of July, August, September, and October of 2004 and the Edom Hill Transfer Station disposal cost increase for November, December 2004 has been added to the 2005 disposal rate. 12