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CC Resolution 2004-077 ~ RESOLUTION NO. 2004-077 ! ! A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, ORDERING THE' LEVY AND COLLECTION OF ASSESSMENTS FOR REFUSE COLLECTION AND RECYCLING SERVICES FROM RESIDENTIAL PROPERTIES WITHIN THE CITY PURSUANT TO LA QUINT A CHARTER AND MUNICIPAL CODE CHAPTER 6.04 I RESIDENTIAL WASTE FEE SCHEDULE WHEREAS, the City Council has heretofore adopted Ordinance No. 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 ~isposal 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 as part of the assessment for refuse collection and recycling services paid annually by eligible parcels within the City; and, Resolution No. 2004-077 Residential Waste Fee Schedule Adopted: July 20, 2004 Page 2 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 (CPt) for the Los Angeles- Anaheim-Riverside Area between January 2003 and 2004has 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 co.st 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, the Contractor has prepared the annual assessment to be levied and collection upon eligible parcels of land within the City, and the City Council has approved such assessments; and, WHEREAS, the City Council desires to levy and collect assessments to pay for Refuse Collection and Recycling Services rendered to eligible parcels within the City for the period commencing July 1, 2004 and ending Jane 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 the 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 v AND ORDERED by the City Council of the City of La Quinta, California as follows: \ - -- -- ,."" ...... '.. - '. , Resolution No. 2004-077 - Residential Waste Fee Schedule - Adopted: July 20, 2004 ¡ Page 3 , \ SECTION 1. The City Council does hereby confirm the written report, made by the City Manager, of the amounts of charges for City furnished garbage and refuse collection and disposal services for the forthcoming year, itamized for each separate residential parcel of land attached hereto and marked Exhibit "A". SECTION 2. This City Council hereby finds that the collections of such charges, together with general taxes, are in the best interests of the users and the Ci.ty of La Quinta. . . SECTION 3. The said refuse collection service charges for each parcel of . land shall constitute a special assessment against that parcel and shall constitute a lien against such parcel of land, in accordance with Ordinance 314 and Section 5473.5 of the Health and Safety Code of California. SECTION 4. The said residential collection charges shall be used to pay for the refuse collection service for the calendar year starting January 1, 2005 through December 31. 2005. ,-- SECTION 5. The rate fees as noted in Exhibit "A" for garbage and refuse collection and disposal services for residences which consists of curb service, once per week pickups for municipal solid waste (household waste), green waste and recycling materials. , SECTION' 6. The report filed by the City Clerk with this City Council . contains a description of each parcel of real property to be charged, and the amount of the charges for purposes of refuse collection for each such parcel in the Fiscal Year 2004-2005 and such charges are correct and proper, and said report is therefore, approved and adopted. All objections to said report are hereby overruled. After July 20, 2004, the City Clerk shall file with the County Auditor of the County of Riverside a copy of said report with ~ statement endorsed thereon over her signature that it has been duly adopted by this City Council together with a certified copy of this Resolution. 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 : r-- ; ABSENT: None \ ABSTAIN: None Resolution No. 2004-077 Residential Waste Fee Schedule Adopted: July 20, 2004 Page 4 I ATTEST: ¡jú7U . GREEK, CMC, City C rk Cit of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: ? M. KATHERINE JENSON, C' y A torney City of La Quinta, California - -- -_on_- -- .--.._on ----- --- --- -- _.on -_on_- Resolution No. 2004-077 ,..-- Residential Waste Fee Schedule : Adopted: July 20, 2004 I I Page 5 . I ~ CITY OF LA QUINTA EXHIBIT "A" REFUSE COLLECTION RATE AND DISPOSAL CHARGE WITH CPI AND PROPOSED TRANSFER STATION DISPOSAL RATE OF $34.51/TON TAX BilLING FY 04105 - ReSIDENTIAL PROPERTY " œ : ~ ~ ~ ~: ~ Co 0) 01; œ E ~ at 0:: Single F amity HomelT ownhouse en c5 a CondominiumIMobile Home ..oJ Individual Residence - Curb Service $7.47 $2.72 $0.61 $10.80 Tax Roll Billin Individual Residence - Curb Service $8.70 $2.66 $0.61 $11.96 Waste Mana ement Billin Individual Residence - Walk-in Service $10.94 $2.65 $0.61 $14.20 Tax Roll Billing 3 cans ba s or bundles u to 60 ft. distance ,-- i Individual Residence - Walk-in Service $12.17 $2.59 $0.61 $15.37 ! ¡ Waste Management Billing , 3 cans ba or bundles, u 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 contractorlfranchisee 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. Tax roll billing requires 100% mandatory service year-round . 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. ~ , -- ----- - ~- --- ~n- -- --~~----- ----on_--- --- '-- -