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HomeMy WebLinkAboutReso - CC - 002-2011RESOLUTION NO. 2-2011 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 1-1-2011; and, WHEREAS, Hilton, Famkopf and Hobson, L.L.C. (HFH), experts in the field of analyzing the costs of solid waste and recyclables collection, processing and disposal, has prepared a report detailing the increased operating costs of Allied, the past franchisee, and of Recology, the current franchisee, confirms the rationale of said proposed increases; and WHEREAS, pursuant to Recology's franchise agreement and Burlingame Municipal Code section 8.16.040(b), Recology has submitted to City a proposed maximum rate schedule for the provision of collection and recycling services with the City of Burlingame; and WHEREAS, the proposed maximum rate schedule is intended to comply with the funding and revenue requirements of the franchise agreement; and WHEREAS, the proposed maximum rate schedule appears 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 details of the proposed maximum rate schedule, 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 maximum rate schedule; 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 and those stated in the staff report are true and correct. 2. The City Council further finds that Recology's proposed maximum rate schedule for waste collection and recycling services is just and reasonable pursuant to the franchise agreement, the City's Municipal Code, the HFH Consultants' report and all of the facts contained in the staff report. 3. The City Council further finds that no written majority protest to the proposed maximum rate schedule has been made under the provisions of State law. 4. The City Council hereby approves and authorizes Recology, the City's franchisee for solid waste collection and recycling services, to increase their rates as follows: a) Commercial bin and can rates are increased by 17%; b) Commercial compactor rates are increased by 17%; c) Residential rates are increased by 17%. The detailed amounts of these increases as approved and authorized by the City Council, are contained in the proposed maximum rate schedule which is available for review during regular business hours in the Office of the City Clerk. 5. This new maximum rate schedule shall be effective February 1,2011 � �/ "49= Terry Na el, Mayo 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 18`h day of January, 2011, by the following vote to wit: AYES: Councilmembers BAYLOCR, BROWNRIGG, DEAL, KEIGHRAN, NAGEL NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE ( �� �i 4,-� Mary Ell n Kearney, City Clerk