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HomeMy WebLinkAboutReso - CC - 005-2010RESOLUTION NO. 5-2010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING AND AUTHORIZING ALLIED WASTE SERVICES TO INCREASE RATES FOR REFUSE COLLECTION AND RECYCLING SERVICES AND DETERMINING THAT NO MAJORITY PROTEST HAS BEEN MADE WHEREAS, Allied Waste Services (Allied, 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 Allied; and, WHEREAS, Hilton, Farnkopf and Hobson, L.L.C. WH), experts in the field of analyzing the costs of solid waste and recyclables collection, processing and disposal, has prepared a detailed report which explains Allied's increased operating costs and confirms the rationale of said proposed increases; and WHEREAS, pursuant to Allied's franchise agreement and Burlingame Municipal Code section 8.16.040(b), Allied has submitted to City a proposed rate schedule for the provision of collection and recycling services with the City of Burlingame; 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 Allied'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 and those stated in the staff report are true and correct. 2. The City Council further finds that Allied's proposed rate increases for waste collection and recycling services are 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 rate increases has been made under the provisions of State law. 4. The City Council hereby approves and authorizes Allied Waste Services, the City's franchisee for solid waste and recycling services, to increase their rates as follows: a) Commercial bin and can rates are increased by 6%; b) Commercial compactor rates are increased by 6%; c) Residential rates are increased by 6%. 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, 2010. Cathy Baylock, Mayor 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 19`x' day of January, 2010, by the following vote to wit: AYES: Councilmembers BAYLOCK, BROWNRIGG, DEAL, REIGHRAN, NAGEL NOES: Councilmembers: NONE ABSENT: Councihnembers: NONE (L�4) Mary Ellerf Keamey, City Cl