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2011-016 Solid Waste RatesRESOLUTION 2011 -16 A RESOLUTION OF THE CITY OF ENCINITAS CITY COUNCIL APPROVING FISCAL YEAR 2011/12 SOLID WASTE COLLECTION RATES WHEREAS, on April 25, 1996, the City entered into a Solid Waste Franchise Agreement ( "Agreement ") with Mashburn Waste and Recycling Services, Inc., to provide residential, commercial and industrial trash and recycling collection services; WHEREAS, in 1998, ownership of Mashburn Waste and Recycling Services was transferred to EDCO Waste and Recycling Services, Inc.; WHEREAS, Section 8 of the Agreement authorizes an annual rate review and specifies the formula used to calculate rate changes; WHEREAS, in a letter dated February 24, 2011, EDCO Waste and Recycling Services, Inc. has requested an increase in the Fiscal Year 20111/12 residential and commercial solid waste collection rates to be effective July 1, 2011; WHEREAS, Proposition 218 was adopted in November 1996 and amended the California Constitution by adding Articles XIII (C) and (D), establishing procedures and requirements for imposing or increasing existing, property- related fees and charges; WHEREAS, a public hearing must be held no less than 45 days after mailing of written notice to the record owner of each identified parcel upon which the fee or charge will be imposed; WHEREAS, if written protests against the proposed fee or charge are presented by a majority of owners of identified parcels, the public agency shall not impose the fee or charge; WHEREAS, on April 29, 2011, the City of Encinitas mailed a notice of a public hearing regarding the proposed Fiscal Year 20111/12 solid waste collection rates to all affected property owners, pursuant to Section 6(a) of Article XIII(D) of the California Constitution ( "Proposition 218 "); WHEREAS, a public hearing was held on June 15, 2011, on the proposed Fiscal Year 20111/12 solid waste collection rates; WHEREAS, at the public hearing held on June 15, 2011, the City of Encinitas considered all protests against the Fiscal Year 20111/12 solid waste collection rates; WHEREAS, at the public hearing held on June 15, 2011, the written protests against the Fiscal Year 20111/12 solid waste collection rates received by the City Clerk did not constitute a majority of owners of identified parcels. City of Encinitas Residential and Commercial Monthly Trash Rates (effective July 1, 2011) COMMERCIAL Service Level Current Rate 2 Yard Bin $12.30 1 x week $62.76 2 x week $117.40 3 x week $172.07 4 x week $226.74 5 x week $281.43 6 x week $336.08 3 Yard Bin 1 x week $93.90 2 x week $175.77 3 x week $257.60 4 x week $339.42 5 x week $421.26 6 x week $503.11 4 Yard Bin 1 x week $125.12 2 x week $234.13 3 x week $343.16 4 x week $452.12 5 x week $561.15 6 x week $670.17 5 Yard Bin 1 x week $156.43 2 x week $292.58 3 x week $428.79 4 x week $564.95 5 x week $701.00 6 x week $837.22 6 Yard Bin 1 x week $187.63 2 x week $350.98 3 x week $514.33 4 x week $677.66 5 x week $840.93 6 x week $1,004.33 Roll -Off Containers $225.96" " Plus Disposal Fee $43.97/ton RESIDENTIAL Service Level Current Rate 35 gallon cart $12.30 95 gallon cart $18.77 Yard Stop A $29.54 Yard Stop B $35.57 Yard Stop C $44.78 MULTI - FAMILY Service Level Current Rate 2 Yard Bin 1 x week $57.04 2 x week $106.63 3 x week $156.18 4 x week $205.80 5 x week $255.40 6 x week $304.99 3 Yard Bin 1 x week $85.41 2 x week $159.75 3 x week $234.01 4 x week $308.35 5 x week $382.66 6 x week $456.99 4 Yard Bin 1 x week $113.83 2 x week $212.84 3 x week $311.86 4 x week $408.79 5 x week $509.92 6 x week $608.94 5 Yard Bin 1 x week $142.31 2 x week $266.12 3 x week $389.84 4 x week $513.68 5 x week $637.17 6 x week $760.93 6 Yard Bin 1 x week $170.71 2 x week $319.16 3 x week $467.63 4 x week $616.43 5 x week $638.99 6 x week $912.94 FLOWER GROWERS Service Level Current Rate 2 Yard Bin 1 x week $81.56 2 x week $153.16 3 x week $223.73 4 x week $296.90 5 x week $367.31 6 x week $438.55 3 Yard Bin 1 x week $122.18 2 x week $229.39 3 x week $335.12 4 x week $441.59 5 x week $548.24 6 x week $654.70 4 Yard Bin 1 x week $162.68 2 x week $305.64 3 x week $446.47 4 x week $588.31 5 x week $730.56 6 x week $872.34 5 Yard Bin 1 x week $203.48 2 x week $381.82 3 x week $557.84 4 x week $735.11 5 x week $912.68 6xweek $1,089.86 6 Yard Bin 1 x week $244.23 2 x week $458.04 3 x week $669.58 4 x week $881.87 5 x week $1,094.97 6 x week $1,307.49 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Encinitas as follows: 1. The above recitals are true and correct. 2. The City of Encinitas City Council approves the Fiscal Year 20111/12 solid waste collection rates as set forth in Exhibit "A ", to become effective July 1, 2011. PASSED AND ADOPTED by the City Council of the City of Encinitas this 15th day of June, 2011, by the following roll call vote: AYES: Barth, Bond, Gaspar, Houlihan, Stocks. NAYS: None. ABSENT: None. ABSTAIN: None. ATTEST: Deborah Cervone, City Clerk JaWes Bd yor