HomeMy WebLinkAboutReso 005-91 GarbRates AmendedRESOLUTION NO. 5 - 91
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING SCHEDULE OF SERVICE RATES FOR SOLID WASTE COLLECTION
DESIGNATING THE POINT OF COLLECTION FOR SINGLE FAMILY COLLECTION
WHEREAS, the City of Dublin adopted Resolution No. 47-90 in April
of 1990 which established garbage service rates; and
WHEREAS, a notice announcing a public hearing on the proposed rate
increase has been published on January 4, 1991 and January 10, 1991, as
required by the Government Code; and
WHEREAS, Oakland Scavenger Company (OSC) has submitted a 1991 rate
application to the Joint Refuse Rate Review Committee (JRRRC) in
accordance with the franchise agreement between the City and OSC; and
WHEREAS, the Rate Application submitted by OSC included a request
for certain expenses to be paid by the ratepayers; and
WHEREAS, the JRRRC recommended that certain expenses be excluded
from the 1991 rate application; and
WHEREAS, the exclusions included costs for: Landfill Closure/Post
Closure, Lawsuit Defense Costs, and an Adjustment for Non-Franchised
Assets at the Altamont; and
WHEREAS, the JRRRC agreed to review these exclusions in the future
rate application, provided that adequate background data can be obtained
to support inclusion of these expenses in the rates; and
WHEREAS, included in the expenses contained in the rate
application presented by OSC was an $8 million lawsuit settlement; and
WHEREAS, the settlement was related to resolution of
discrimination lawsuit titled Bonilla v. Oakland Scavenqer Co.; and
a
WHEREAS, the JRRRC reviewed this request with Legal Counsel to
ascertain the responsibility of ratepayers to reimburse OSC for this
settlement; and
WHEREAS, the JRRRC Special Legal Counsel found that this is not an
appropriate cost based upon legal precedents established in California
and other states; and
WHEREAS, the JRRRC recommendation excludes reimbursement for the
$8 million settlement of Bonilla v. Oakland Scavenqer Co.; and
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WHEREAS, the JRRRC Special Legal Counsel has advised that the
member agencies of the JRRRC, including. the City of Dublin, are legally
justified in refusing to increase solid waste collection rates to
reimburse Oakland Scavenger Company for the $8 million paid by it to its
minority employees in settlement of their federal civil rights action;
and
WHEREAS, the official recommendation by the JRRRC includes the
estimated cost of a special surcharge imposed by Measure D in the
November 1990 Alameda County election; and
WHEREAS, the legality of the Measure D surcharge is in question
and is the subject of pending litigation; and
WHEREAS, the JRRRC report identifies that excluding the estimated
costs of Measure D, OSC requires a 29% increase to meet estimated
expenses in 1991, including the repayment of deficit balances from prior
years; and
WHEREAS, the City Council has conducted a public hearing on the
matter on January 14, 1991; and
WHEREAS, the Solid Waste Ordinance and Agreement regarding Waste
Collection and Disposal require the City Council to designate a rate
schedule and point of collection for single family residences.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin does hereby resolve as follows:
1. Beginning January 1, 1991, the Rate Schedule attached hereto,
marked "Exhibit A" and by reference, made a part hereof, shall be the
official rate schedule until further rescinded or amended.
2. As described above, this rate revision is based upon the
recommendation of the Joint Refuse Rate Review Committee findings in the
review of the 1991 Rate Application (dated November 19, 1990).
3. This rate increase does not include any reimbursement for
costs attributable to Measure D (Alameda County Waste Reduction and
Recycling Act of 1990).
4. For the reasons stated above, the City Council has determined
and finds that the none of the $8 million settlement expense associated
with the lawsuit (Bonilla v. Oakland Scavenqer Co.) shall be approved as
an allocated cost under the franchise agreement between the City of
Dublin and Oakland Scavenger Company.
5. Said rates are in accordance with the City of Dublin Solid
Waste Management Ordinance and the Agreement between the City of Dublin
and Oakland Scavenger Company, a subsidiary of Waste Management Inc.,
regarding Waste Collection and Disposal.
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6. The content of this Resolution shall supersede Resolution No.
47-90 adopted the 23rd day of April, 1990.
PASSED, APPROVED AND ADOPTED THIS 14TH DAY OF JANUARY, 1991, BY THE
FOLLOWING VOTE:
AYES:
NOES:
ABSENT:
Councilmembers Howard, Jeffery, Moffatt, & Mayor Snyder
None
Councilmember Burton
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ATTEST:
~~y C1C~erk
PSR/lss a:ResGarb.agenda
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EXHIBIT A
I. RATES
The monthly rates for collection of refuse within the City of
Dublin as of January 1, 1991, are set forth as follows:
Residential
Once a week collection of one container of 32
gallon capacity. This rate includes a $1.25
(one dollar and twenty-five cents) charge for
curbside recycling and a $0.20 (twenty cents)
surcharge for Household Hazardous Waste
collection and Special Services.
Once per week collection of each additional can
beyond "a" above
$ 8.55
$ 6.20
c. Large accumulations per cubic yard
$ 6.20
d. Special pick-ups, minimum
$12.00
Commercial (For Refuse Only - Excludes Container Rental Rate)
Commercial rate for non-residential customers
Per cubic yard (not compacted)
$ 6.20
b. Commercial rate for Multi-family Residential $ 6.35
customers per cubic yard (not compacted). This
rate includes a $0.15 (fifteen cents) surcharge
for Household Hazardous Waste Collection and Special
Services.
c. Compacted material per cubic yard.
$12.40
II. DESIGNATION OF POINT OF COLLECTION
For Single Family Residential Service, the above rates shall be for
"back yard service" for regular garbage service. The term "back yard
service" shall mean the container(s) shall be on the outside of and in
close proximity to the structure being served, and at a location which
is the customer's option. Padlocks or other devices which deny the
Collector reasonable access will relieve said collector from
responsibility of such collection. The Curbside Residential Recycling
Program requires that containers be placed in location which can be
easily seen and readily accessible, within five feet from the curb.
III. ADDITIONAL SERVICES PROVIDED IN RATES
The above rates shall include two (2) annual residential cleanups.
Dates of said cleanups shall be at the discretion of the City upon
reasonable notice to the Company. The rules regulating the special
cleanup shall be approved by the Contractor and the Director.
PSR/lss
a:ExhibitA.agenda