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CC Resolution 2006-070RESOLUTION NO. 2006-070 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, 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 Ordinance; and WHEREAS, pursuant to Section 6.04.010 of said Ordinance and California Public Resources Code Section 40059(a)(1), an exclusive franchise has been granted to Burrtec Waste and Recycling Services, LLC ("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 Ordinance 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 49109 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. 2006-070 Commercial Waste Fee Schedule Adopted: July 5, 2006 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 Consumer Price Index ("CPI") for the Los Angeles - Anaheim -Riverside Area between January 2005 and 2006 has increased by 5.42% 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 $1.40 per ton starting July 1, 2006 thru June 30, 2007; and WHEREAS, the contractor has asked for a 2.71 % Consumer Price Index ("CPI") increase, and a $1.40 cents per ton disposal increase from July 1, 2006 thru June 30, 2007; and WHEREAS, at the time stated in the notice, to wit: July 5, 2006, 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, 2006 through June 30, 2007. 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 interest 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 2006-2007. Resolution No. 2006-070 Commercial Waste Fee Schedule Adopted: July 5, 2006 Page 3 SECTION 4. The said commercial and roll -off refuse collection charges shall be for the Fiscal Year 2006-2007. 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 5th day of July, 2006, by the following vote: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None 0 IrW DON AD H, yor City of La Quinta, California ATTEST: f"`a' � JU REEK, MMC, City7fferk City of La Quinta, California (CITY SEAL) Resolution No. 2006-070 Commercial Waste Fee Schedule Adopted: July 5, 2006 Page 4 APPROVED AS TO FORM: 9-1 /� /� �� M. KAT RINE JENS ity Attor y City of La Quinta, California Resolution No. 2006-070 Commercial Waste Fee Schedule Adopted: July 5, 2006 Page 5 EXHIBIT "A" COMMERCIAL SERVICE - CITY OF LA QUINTA 100% FRANCHISED JULY 2006 2 YARD SERVICE 1 $ 53.59 $ 21.17 $ 3.88 $ 78.65 2 $ 93.35 $ 40.36 $ 7.76 $ 141.48 3 $ 131.16 $ 59.66 $ 11.63 $ 202.45 4 $ 168.75 $ 78.79 $ 15.51 $ 263.05 5 $ 206.42 $ 94.07 $ 19.39 $ 319.88 6 $ 244.36 $117.04 $ 23.27 $ 384.67 EXTRA EMPTY $ 34.90 3 YARD SERVICE $ 67.26 $ 30.32 5.82 $ 103.40 2 $ 115.76 $ 58.53 11.63 $ 185.93 3 $ 163.23 $ 85.96 17.45 $ 266.63 4 $ 207.15 $113.31 23.27 $ 343.73 5 $ 253.86 $141.29 29.07 $ 424.22 6 $ 298.99 $168.47 34.891 $ 502.35 EXTRA EMPTY $ 47.93 4 YARD SERVICE W."I'.. 1 1 $ ... . . ... ... M., 91.98 $ 40.84 NO "111111ill! 7.76 00OW1110 $ A00 it 140.58 2 $ 143.88 $ 76.83 15.51 $ 236.21 3 $ 197.74 $112.68 23.27 $ 333.68 4 $ 251.79 $148.93 31.01 $ 431.73 5 $ 302.91 $184.67 38.76 $ 526.34 6 $ 352.89 $220.24 46.511 $ 619.64 EXTRA EMPTY $ 64.87 Resolution No. 2006-070 Commercial Waste Fee Schedule Adopted: July 5, 2006 Page 6 6 YARD SERVICE 1 I WWII" $ 137.99 110 i 01,0101 $ 60.74 11.63 $ 210.36 2 $ 215.82 $116.61 23.27 $ 355.70 3 $ 296.55 $171.10 34.89 $ 502.55 4 $ 377.95 $225.61 46.51 $ 650.07 5 $ 454.38 $281.09 58.14 $ 793.6 6 $ 529.36 1 $335.03 69.781 $ 934.171 I EXTRA EMPTY $ 96.75j OTHER CHARGES NEW START FEE $ 6.40 RE -START FEE $ 16.79 DELIVERY FEE $ 18.10 LOCKED ENCLOSURE $ 16.63 BIN PULL-OUT > 201 $ 29.44 LOCKING CONTAINER $ 57.44 REPLACEMENT LOCKING BAR $ 22.10 ,SATURDAY (for service < 6x/wk) $ 23.88 Resolution No. 2006-070 Commercial Waste Fee Schedule Adopted: July 5, 2006 Page 7 COMMERCIAL SERVICE - CITY OF LA QUINTA REFUSE COLLECTION RATE AND DISPOSAL CHARGE JULY 1, 2006 ROLL OFF RATE PER PULL SERVICE 20 YARDS $ 92.96 30 YARDS $ 131.50 40 YARDS $ 155.61 * Plus dump fees charged at $36.38 * Plus AB939 fees charged at $13.10/ton remitted to City * Delivery Charge $ 18.10 * Extra Trip $ 51.44 Note: Compactor accounts will be charged at three times (3X) the basic roll -off rate OTHER FEES - RESIDENTIAL - COMMERCIAL - AND ROLL -OFF Start Fee $ 6.40 Restart Fee $ 16.80 Returned check $ 21.71 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 Condominium/Mobile Home Service Dump Fee AB939 Proposed Monthly Rates Individual Residence - Curb $9.10 $2.81 $0.61 $12.52 Service Billed Directly by Hauler Individual Residence - Walk-in $12.73 $2.74 $0.61 $16.08 Service Billed Directly by Hauler (2 cans, bags or bundles, up to 60 ft. distance) Resolution No. 2006-070 Commercial Waste Fee Schedule Adopted: July 5, 2006 Page 8 • 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) $5.96