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HomeMy WebLinkAboutReso - CC - 004-2012RESOLUTION NO. 4-2012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING MAXIMUM RATES FOR REFUSE COLLECTION AND RECYCLING SERVICES AND DETERMINING THAT NO MAJORITY PROTEST HAS BEEN MADE WHEREAS, Recology of San Mateo ("Recology", herein) holds a franchise from the City of Burlingame to collect and dispose of refuse and various recyclable materials within the City; and WHEREAS, the City of Burlingame is a member of South Bayside Waste Management Authority (SBWMA) and the members of SBWMA have a uniform franchise agreement with Recology effective January 1, 2011 through December 31, 2020; and WHEREAS; the 12 SBWMA franchise agreements with Recology require that a compensation application be approved annually by the SBWMA Board of Directors and, once approved, the compensation amount is made binding between Recology and each individual SBWMA member agency; and each member city must then implement rates that produce sufficient revenue to cover the expenses approved by the SBWMA Board; and WHEREAS, the proposed 25% increase to Burlingame rates is required to finance 2012 solid waste expenses and generate additional funds to cover the underproduction of revenue that has occurred in the prior two rate years; additionally, the 2012 expenses include contractor's compensation (Recology services) and pass-through expenses (SBWMA, county, city tipping fees and landfill charges); and WHEREAS, the need for the rate adjustment was comprehensively discussed by the South Bayside Waste Management Authority (SBWMA) Board of Directors and copies of the reports that provide the basis for the rate increase were made available for public inspection at the Office of the City Clerk, City Hall, 501 Primrose Road, Burlingame, during regular business hours, 8:00 am to 5:00 pm, Monday through Friday; and WHEREAS, on Monday, January 9, 2012, the City Council conducted a public study session at which SBWMA and City staff presented and discussed the reasons for the required increase; and WHEREAS, pursuant to the franchise and Municipal Code section 8.16.040(b), Recology has submitted a proposed rate schedule for collection and recycling services in the City; and WHEREAS, the proposed rate schedule is intended to comply with the funding and revenue requirements of the franchise agreement; and WHEREAS, the proposed rate increases appear just, reasonable and necessary for Recology's continued provision of its services pursuant to the terms of the franchise agreement; and WHEREAS, in accordance with the provisions of state law, notice was timely mailed to all rate payers and said notice included the reasons for the rate increase, the amounts of the rate increase, the time and place of the public hearing regarding the rate increase and the rate increase protest procedure; and WHEREAS, the City Council has received and considered all written protests, testimony, objections and other evidence regarding the proposed rate increases; and, WHEREAS, no written majority protest was made to the proposed rate increase at the time the public hearing was concluded: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: 1. The City Council finds that all of the above recited facts, those in the referenced reports and those stated in the staff report are true and correct. 2. The City Council further finds that Recology's proposed rate increases for waste collection and recycling services are just and reasonable pursuant to the franchise agreement, the City's Municipal Code and all of the facts contained in the staff report. 3. The City Council further finds that no written majority protest to the proposed rate increases has been made under the provisions of State law. 4. The City Council hereby approves and authorizes Recology of San Mateo, the City's franchisee for solid waste and recycling services, to increase their rates up to a maximum of 25%as follows: City of Burlingame, CA Monthly Solid Waste Rates - Proposition 218 Notice Customer 2012 Monthly Increase Annual Service Level Proposed Increase Percentage Increase Residential: 20 gallon can $ 12.90 $ 2.58 25% $31 32 gallon can $ 23.85 $ 4.77 25% $57 64 gallon can $ 47.71 $ 9.54 25% $114 95 gallon can $ 70.80 $ 14.16 25% $170 Commercial: 32 gallon can $ 23.85 $ 4.77 25% $57 64 gallon bin $ 47.71 $ 9.54 25% $114 95 gallon bin $ 70.80 $ 14.16 25% $170 1 yard bin $ 150.52 $ 30.10 25% $361 2 yard bin $ 301.05 $ 60.21 25% $723 3 yard bin $ 451.53 $ 90.31 25% $1,084 Also, all other residential and commercial rates will be increased up to a maximum of 25%. The detailed amounts of these increases as approved and authorized by the City Council, are contained in the proposed rate increase sheet which is available for review during regular business hours in the Office of the City Clerk. 5. These rate increases shall be effective February 1, 2012. I, Mary Ellen Kearney, City Clerk of the City of Burlingame, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Burlingame City Council held on the 17a' day of January, 2012, by the following vote to wit: AYES: Councilmembers BAYLOCK, BROWNRIGG, DEAL, KEIGHRAN, NAGEL NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE Mary Ellen Kearney, City Clerk