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CC Resolution 2005-064RESOLUTION NO. 2005-064 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) 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. 2005-064 Commercial Waste Fee Schedule Adopted: July 19, 2005 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 2004 and 2005 has increased by 3.66% but the Amended and Restated Agreement for the Collection, Transportation and Disposal of Municipal Solid Waste permits a Consumer Price Index increase of 50% of this increase; and, WHEREAS, the Edom Hill Transfer Station disposal cost will increase by $0.47 per ton starting July 1, 2005 thru June 30, 2006; and, WHEREAS, the contractor has asked for a 1.83% Consumer Price Index ("CPI") increase, and a $0.47 cents per ton disposal increase from July 1, 2005 thru June 30, 2006. WHEREAS, at the time stated in the notice, to wit: July 5, 2005, 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, AND ORDERED by the City Council of the City of La Quinta, California as follows: 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, 2005 through June 30, 2006. 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 2005-2006. Resolution No. 200511064 Commercial Waste Fee Schedule Adopted: July 19, 2005 Page 3 SECTION 4. The said commercial and roll -off refuse collection charges shall be for the Fiscal Year 2005-2006. 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 19`h day of July, 2005, by the following vote: AYES: Council Members Henderson, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: Council Member Perkins ABSTAIN: None d4o�f__ DON ADOLPH, AAYOR City of La Quinta, California ATTEST: J N S. GREEK, CMC, Ci Clerk City of La Quinta, California (CITY SEAL) Resolution No. 2005- 064 Commercial Waste Fee Schedule Adopted: July 19, 2605 Page 4 APPROVED AS TO FORM: M. KATHERINE JENSON, Ity Attorney City of La Quinta, California Resolution No. 2005464 Commercial Waste Fee Schedule Adopted: July 19, 2005 Page 5 EXHIBIT "A" I COMMERCIAL SERVICE- CITY OF LA QUINTA 100% FRANCHISED JULY 2005 r 1 $ 52.18 $ 20.36 $ 3.88 $ 76.42 2 $ 90.89 $ 38.81 $ 7.76 $ 137.46 3 $ 127.70 $ 57.36 $ 11.63 $ 196.70 4 $ 164.30 $ 75.76 $ 15.51 $ 255.57 5 $ 200.97 $ 90.45 $ 19.39 $ 310.80 6 $ 237.91 $ 112.54 $ 23.27 $ 373.72 EXTRA EMPTY $ 33.98 E 1 $ 65.49 $ 29.15 5.82 $ 100.46 2 $ 112.71 $ 56.28 11.63 $ 180.62 3 $ 158.92 $ 82.65 17.45 $ 259.02 4 $ 201.68 $ 108.95 23.27 $ 333.89 5 $ 247.16 $ 135.85 29.07 $ 412.09 6 1 $ 291.10 $161.991 34.89 $ 487.98 EXTRA EMPTY 1 $ 46.67 2 1 $ 89.55 $ 39.27 7.76 $ 136.59 2 $ 140.08 $ 73.87 15.51 $ 229.46 3 $ 192.52 $108.34 23.27 $ 324.13 4 $ 245.15 $ 143.20 31.01 $ 419.35 5 $ 294.92 $ 177.56 38.76 $ 511.24 6 $ 343.58 $ 211.76 46.51 $ 601.85 EXTRA EMPTY $ 63.16 1 $ 134.35 $ 58.40 11.63 $ 204.38 2 $ 210.13 $112.12 23.27 $ 345.52 3 $ 288.73 $164.52 34.89 $ 488.14 4 $ 367.98 $ 216.93 46.51 $ 631.41 5 $ 442.391 $ 270.27 58.14 $ 770.80 6 $ 515.391 $ 322.14 69.78 $ 907.32 EXTRA EMPTY $ 94.20 J OTHER CHARGES NEW START FEE $ 6.23 RE -START FEE $ 16.35 DELIVERY FEE $ 17.62 LOCKED ENCLOSURE $ 16.19 BIN PULL-OUT > 20' $ 28.66 LOCKING CONTAINER $ 55.92 REPLACEMENT LOCKING BAR $ 21.52 SATURDAY (for service < 6x/wk) $ 23.25 COMMERCIAL SERVICE - CITY OF LA QUINTA REFUSE COLLECTION RATE AND DISPOSAL CHARGE JULY 1, 2005 ROLL OFF RATE PER PULL SERVICE 20 YARDS $ 90.51 30 YARDS $128.03 40 YARDS $151.50 * Plus dump fees charged at $34.98 * Plus AB939 fees charged at $13.101ton remitted to City * Delivery Charge $17.62 * Extra Trip $ 50.08 Note: Compactor accounts will be charged at three times (3x) the basic roll off rate OTHER FEES - RESIDENTIAL - COMMERCIAL - AND ROLL OFF Start Fee $ 6.23 Restart Fee $16.36 Returned check $21.14 Each service portion is increased by 4.5 tons X $2.17 per ton to cover the transportation fee. CITY OF LA QUINTA WASTE MANAGEMENT DIRECT BILLING RESIDENTIAL PROPERTY Single Family Home/Townhouse Service Dump AB939 Proposed Condominium/Mobile Home Fee Monthly Rates Individual Residence - Curb Service $ 8.86 $ 2.70 $ 0.61 $ 12.17 Waste Management Billing Individual Residence - Walk-in Service $ 12.39 $ 2.63 $ 0.61 $ 15.63 Waste Management Billing (2 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) $5.80 SACity Clerk\Resolutions\WasteCommercial.doc