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R 4930RESOLUTION NO. 4930 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING INTEGRATED SOLID WASTE COLLECTION SERVICE RATES FOR JULY 1, 2019, JANUARY 1, 2020 AND JANUARY 1, 2021 WHEREAS, the City of Arroyo Grande (“City”) establishes rates and charges for solid waste, recycling and green waste collection services, pursuant to Public Resources Code Section 40059 (a) and Arroyo Grande Municipal Code §§ 8.32.100 and 8.32.210; and WHEREAS, the City and South County Sanitary Service, Inc. (“SCSS”) entered into a Franchise Agreement for collection, diversion and disposal of solid waste, dated November 12, 1997 (“Prior Solid Waste Agreement”); and WHEREAS, the City and SCSS entered into a subsequent amendment, modifying certain provisions of the Prior Solid Waste Agreement, dated March 23, 1999, requiring collection, diversion and disposal of green waste; and WHEREAS, the City and SCSS also entered into a Recycling Services Franchise Agreement, dated August 24, 1999; and WHEREAS, the City and SCSS further entered into an Amended and Restated Solid Waste Collection Franchise Agreement, dated June 10, 2008, which amended and restated the Prior Solid Waste Agreement and incorporated, amended and restated the Prior Recycling Agreement; and WHEREAS, the City and SCSS also entered into a First Amendment to the Amended and Restated Solid Waste Collection Agreement, dated March 22, 2016, which excluded tipping fee increases for landfill improvements, when calculating whether the SCSS rates charged to customers are greater than the cumulative cost of living increase; and WHEREAS, the City and SCSS also entered into a Second Amendment to the Amended and Restated Solid Waste Collection Agreement, dated July 26, 2016, which amended the franchise agreement to extend the contract by 20 years, beginning with the first day of the operation of a new Kompogas organic processing facility; and WHEREAS, SCSS has submitted a rate increase application (the “application”) in accordance with the Amended and Restated Solid Waste Collection Franchise Agreement; and WHEREAS, the application has been comprehensively reviewed in accordance with the City’s rate-setting policies; and WHEREAS, the rate increase request compared with the rate in effect at the date of the agreement exceeds the cumulative cost of living increase from that same date, giving the City the option of terminating the SCSS Franchise Agreement at any time within nine months following approval of the requested rate increase ("the trigger option"); and WHEREAS, based on a detailed review of costs, which concludes costs are reasonable and that rates have been calculated in accordance with the Rate Manual, combined with the fact that rates for Arroyo Grande are among the lowest in the Central Coast area for single family residential services, during this fee increase period only, and in this unique circumstance, the City will not pursue the "trigger" option per Section 8. 3 of the City' s Franchise Agreement with South County Sanitary Services. WHEREAS, notices of the proposed rate increase were sent to property owners and tenants in accordance with the requirements of Proposition 218 and a public hearing was held on June 25, 2019 to consider protests against the proposed rate increase; and WHEREAS, it was determined at the conclusion of the public hearing that a majority protest to the proposed rate increase did not exist. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: The above recitals are true and correct and incorporated herein by their reference. The application for a rate increase is hereby approved and the integrated solid waste, recycling and green waste collection service rates set forth in Exhibit “A” attached hereto and incorporated herein shall become effective on July 1, 2019. Solid waste rates shall increase as follows on January 1, 2020 and January 1, 2021: a. Increase, if any, in the Consumer Price Index (CPI) for Bureau of Labor Statistics’ Consumer Price Index for Urban Consumers based on the All U.S. City Average, Bureau of Labor Statistics for the month of June 2019 for January 1, 2020 and June 2020 for January 1, 2021. b. Increase of 0.79% for 2020 and 0.77% for 2021 for increase in the cost of landfill disposal. On motion of Council Member George, seconded by Council Member Paulding, and on the following roll call vote, to wit: AYES: Council Members George, Paulding, Barneich, and Mayor Ray Russom NOES: None ABSENT: Council Member Storton the foregoing Resolution was passed and adopted this 25th day of June, 2019. RESOLUTION NO.4930 PAGE 3 CAREN RAY OW ' SOM, MAYOR ATTEST: J SICA MATSON, DEPUTY CITY CLERK APPROVED AS TO CONTENT: JAMES A. r-r-r1 AN, CITY MANAGER APPROVED AS TO FORM: ATHER WHITHAM, CITY ATTORNEY SOUTH COUNTY SANITARY SERVICE        RATE INCREASE EFFECTIVE JULY 1, 2019      CITY OF ARROYO GRANDE          Service Description Pickups Per Week Current Monthly Rate Effective 1/1/2019  Proposed Rate Adjustment % Proposed Monthly Rate Effective 7/1/2019  RESIDENTIAL:          32 Gallon Waste Wheeler 1 $17.26 10.06% $19.00  64 Gallon Waste Wheeler 1 $22.44 10.06% $24.69  96 Gallon Waste Wheeler 1 $27.63 10.06% $30.40  TWO-64 Gallon Waste Wheelers 1 $32.81 10.06% $36.11  ONE 64 & ONE 96 Gallon 1 $38.01 10.06% $41.83  TWO-96 Gallon Waste Wheelers 1 $43.18 10.06% $47.52  Residential customers must use the waste wheelers provided by the garbage company.  MISCELLANEOUS CHARGES - ALL CUSTOMERS:        Overstacked Garbage & extra bags Minimum/unit each $4.89 10.06% $5.38  Overstacked Greenwaste & extra bags Minimum/unit each $2.45 10.06% $2.70  Overstacked Blue Bin & extra bags Minimum/unit each $1.37 10.06% $1.51  In yard service (per can or commodity) IN ADDITION TO STANDARD GARBAGE RATES per month $12.21 10.06% $13.43  Monthly charge for additional 96-gallon green waste service per month $3.37 10.06% $3.71  Extended Vacation Service per month $14.01 10.06% $15.41  Vacant Rate per month $14.01 10.06% $15.41  Waste wheeler cleaning each time $18.21 10.06% $20.04  Trip charge each time $29.34 10.06% $32.29   Non-payment downsize service each time $29.34 10.06% $32.29  Non-payment redeliver waste wheeler each time $29.34 10.06% $32.29  Non-payment reconnect service each time $29.34 10.06% $32.29  Small item pickup (TV, toilet) each $28.63 10.06% $31.51  Appliance pickup-residential each $40.37 10.06% $44.43  Garbage extras on your scheduled pickup day per yard $10.31 10.06% $11.35  Garbage extras -NOT ON YOUR SCHEDULED PICKUP DAY per yard $27.72 10.06% $30.51  Re-deliver bin on stopped acct each time $35.00 10.06% $38.52  Recycle bin rental  per month $6.80 10.06% $7.48  Stand by time per hour $58.80 10.06% $64.72  Tax Lien Cert. Mail Fee   $3.87 10.06% $4.26  City Clean Up   $10.00 10.06% $11.01  Extra bin cleaning   $54.61 10.06% $60.10  Damage/Destruction of bins or waste wheelers   by quote only      Larger than residential appliance or glass, glass doors, or plate glass   by quote only      Short Term Dumpsters:           Delivery & Pickup-Bin   $35.01 10.06% $38.53   Delivery & Pickup-Waste Wheeler   $12.20 10.06% $13.43   Rental Per Day $2.59 10.06% $2.85   Empties Per Yard $27.72 10.06% $30.51             Mattress:           Twin Each $15.89 10.06% $17.49   Double Each $15.89 10.06% $17.49   Queen Each $15.89 10.06% $17.49   King Each $15.89 10.06% $17.49                        ADDITIONAL INFORMATION ALL CUSTOMERS:        Late Fees are imposed for residential customers over 30 days delinquent and commercial customers over 30 days delinquent. The fee is 1.5% per month of the outstanding charge, with a minimum fee of $5.00. No prior notice is required, as this late fee policy is stated at the bottom of every bill.  Any additional recycling services are charged out at 50% of the garbage rate.   SOUTH COUNTY SANITARY SERVICE        RATE INCREASE EFFECTIVE JULY 1, 2019    CITY OF ARROYO GRANDE       Service Description Pickups Per Week Current Monthly Rate Effective 1/1/2019  Proposed Rate Adjustment % Proposed Monthly Rate Effective 7/1/2019  APARTMENTS, TRIPLEX, DUPLEX        Rates are the same as commercial rates (below).               COMMERCIAL DUMPSTERS - ALL AREAS:  1 yd dumpster 1 $85.28 10.06% $93.86  1 yd dumpster 2 $124.42 10.06% $136.94  1 yd dumpster 3 $163.60 10.06% $180.06  1 yd dumpster 4 $209.67 10.06% $230.76  1 yd dumpster 5 $246.50 10.06% $271.30  1 yd dumpster 6 $292.60 10.06% $322.04  1 yd dumpster 7 $355.64 10.06% $391.42             1.5 yd dumpster 1 $96.79 10.06% $106.53  1.5 yd dumpster 2 $149.77 10.06% $164.84  1.5 yd dumpster 3 $212.00 10.06% $233.33  1.5 yd dumpster 4 $276.48 10.06% $304.29  1.5 yd dumpster 5 $336.41 10.06% $370.25  1.5 yd dumpster 6 $380.18 10.06% $418.43  1.5 yd dumpster 7 $445.17 10.06% $489.95              2 yd dumpster 1 $108.32 10.06% $119.22  2 yd dumpster 2 $182.02 10.06% $200.33  2 yd dumpster 3 $258.08 10.06% $284.04  2 yd dumpster 4 $340.99 10.06% $375.29  2 yd dumpster 5 $421.64 10.06% $464.06  2 yd dumpster 6 $472.34 10.06% $519.86  2 yd dumpster 7 $549.19 10.06% $604.44           3 yd dumpster 1 $129.01 10.06% $141.99  3 yd dumpster 2 $244.23 10.06% $268.80  3 yd dumpster 3 $340.99 10.06% $375.29  3 yd dumpster 4 $444.66 10.06% $489.39  3 yd dumpster 5 $527.62 10.06% $580.70  3 yd dumpster 6 $629.00 10.06% $692.28  3 yd dumpster 7 $803.38 10.06% $884.20            4 yd dumpster 1 $161.30 10.06% $177.53  4 yd dumpster 2 $285.69 10.06% $314.43  4 yd dumpster 3 $410.11 10.06% $451.37  4 yd dumpster 4 $527.62 10.06% $580.70  4 yd dumpster 5 $652.04 10.06% $717.64  4 yd dumpster 6 $774.17 10.06% $852.05  4 yd dumpster 7 $985.92 10.06% $1,085.10             6 yd dumpster 1 $241.95 10.06% $266.29  6 yd dumpster 2 $428.56 10.06% $471.67  6 yd dumpster 3 $615.15 10.06% $677.03   6 yd dumpster 4 $791.45 10.06% $871.07  6 yd dumpster 5 $978.06 10.06% $1,076.45  6 yd dumpster 6 $1,161.27 10.06% $1,278.09  6 yd dumpster 7 $1,478.88 10.06% $1,627.66             8 yd dumpster 1 $322.59 10.06% $355.04  8 yd dumpster 2 $571.40 10.06% $628.88  8 yd dumpster 3 $820.20 10.06% $902.71  8 yd dumpster 4 $1,055.26 10.06% $1,161.42  8 yd dumpster 5 $1,304.10 10.06% $1,435.29  8 yd dumpster 6 $1,548.35 10.06% $1,704.12  8 yd dumpster 7 $1,971.86 10.06% $2,170.23  All commercial customers are eligible for one standard 96-gallon recycling and one 64-gallon food waste cart serviced one time a week with no additional service charge  Any additional recycling services are charged out at 50% of the garbage rate.    COMMERCIAL GARBAGE CANS - ALL AREAS:    32 Gallon 1 $20.73 10.06% $22.82  32 Gallon 2 $43.78 10.06% $48.18  32 Gallon 3 $50.70 10.06% $55.80  32 Gallon 4 $64.50 10.06% $70.98  64 Gallon 1 $43.78 10.06% $48.18  64 Gallon 2 $58.17 10.06% $64.02  64 Gallon 7 $173.82 10.06% $191.31  96 Gallon 1 $50.70 10.06% $55.80  96 Gallon 2 $85.28 10.06% $93.86  96 Gallon 3 $107.37 10.06% $118.17   96 Gallon 4 $129.71 10.06% $142.76  96 Gallon 5 $146.07 10.06% $160.76  96 Gallon 7 $199.27 10.06% $219.32  96 and 32 Gallon 1 $64.50 10.06% $70.99  96 and 32 Gallon 7 $248.56 10.06% $273.57        MISCELLANEOUS CHARGES - ALL COMMERCIAL CUSTOMERS:    Overstacked Garbage & extra bags Minimum/unit each $4.89 10.06% $5.38  Overstacked Greenwaste & extra bags Minimum/unit each $2.45 10.06% $2.70  Overstacked Blue Bin & extra bags Minimum/unit each $2.58 10.06% $2.84  In yard service (per can or commodity) IN ADDITION TO STANDARD GARBAGE RATES per month $12.20 10.06% $13.43  Vacant Rate per month $14.01 10.06% $15.42  Waste wheeler cleaning each time $18.21 10.06% $20.04  Trip charge each time $12.20 10.06% $13.43  Non-payment downsize service each time $12.20 10.06% $13.43  Non-payment redeliver waste wheeler each time $12.20 10.06% $13.43  Non-payment reconnect service each time $29.34 10.06% $32.29  Small item pickup (TV, toilet) each $28.63 10.06% $31.51  Appliance pickup-residential each $40.37 10.06% $44.43   Lock Charge   $6.80 10.06% $7.48  Garbage extras on your scheduled pickup day per yard $10.31 10.06% $11.35  Garbage extras -NOT ON YOUR SCHEDULED PICKUP DAY per yard $27.72 10.06% $30.51  Commercial Waste Wheeler rent per month $3.78 10.06% $4.16  Re-deliver bin on stopped acct each time $35.00 10.06% $38.52  Large Compactor (> 4 yards) per yard $14.99 10.06% $16.50  Small Compactors (4 yards & below) assume 3 to 1 compaction   3 times the garbage rate    Sunday Service (in additional to garbage service level) per month $61.10 10.06% $67.25  Recycle bin rental  per month $6.80 10.06% $7.48  Stand by time per hour $58.80 10.06% $64.72  Extra bin cleaning   $54.61 10.06% $60.10  Damage/Destruction of bins or waste wheelers   by quote only      Short Term Dumpsters:           Delivery & Pickup-Bin   $35.01 10.06% $38.53   Delivery & Pickup-Waste Wheeler   $12.20 10.06% $13.43   Rental Per Day $2.59 10.06% $2.85   Empties Per Yard $27.72 10.06% $30.51                                     Mattress:           Twin Each $15.89 10.06% $17.49   Double Each $15.89 10.06% $17.49   Queen Each $15.89 10.06% $17.49   King Each $15.89 10.06% $17.49  ADDITIONAL INFORMATION ALL CUSTOMERS:    Late Fees are imposed for residential customers over 30 days delinquent and commercial customers over 30 days delinquent. The fee is 1.5% per month of the outstanding charge, with a minimum fee of $5.00. No prior notice is required, as this late fee policy is stated at the bottom of every bill.  Any additional recycling services are charged out at 50% of the garbage rate.   OFFICIAL CERTIFICATION I, JESSICA MATSON, Deputy City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 4930 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 25th day of June, 2019. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 27th day of June, 2019. orSSICA MATSON, DEPUTY CITY CLERK