Res 11-029RESOLUTION NO. 11 -029
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING AN ADJUSTMENT TO
EDCO WASTE AND RECYCLING SERVICES'
RATE SCHEDULE, AMENDING THE FRANCHISE AGREEMENT
AND RESCINDING RESOLUTION NO. 09 -031
WHEREAS, the Public Resources Code Section 49901 provides local jurisdictions
the authority to assess solid waste fees to meet state - mandated costs associated with
the passage of AB 939; and
WHEREAS, the City Council awarded the exclusive Solid Waste Franchise
Agreement to Mashburn Waste and Recycling Services (Contractor) on September 21,
1994; and Mashburn became EDCO Waste and Recycling Services, Inc. in 1998; and
WHEREAS, the City Council revised Article 8 of the Franchise Agreement
between the City of Poway and EDCO Waste and Recycling Services by adding AB 939
fees as an additional criterion for the annual adjustment of monthly rates upward or
downward; and
WHEREAS, on October 2, 2007, the City Council adopted Ordinance No. 659,
Amending Chapter 8.68 of the Poway Municipal Code concerning Solid Waste
Management. Section 8.68.370 authorizes the City Council, by Resolution, to include
under the rates and charges recovered by the franchisee those costs incurred by the City
for the removal of solid waste and pollutants from stormwater and other water runoff to
prevent the further pollution of the waters of the state; and
WHEREAS, Article 8 of the Franchise Agreement requires City Council approval
prior to any increase in the contractor's service rates; and
WHEREAS, Article 8 of the Franchise Agreement allows the contractor to request
an adjustment to monthly rates due to the contractor's increased costs resulting from
changes in landfill disposal fees, and changes in the Consumer Price Index (CPI); and
WHEREAS, the current rate schedule has been revised to reflect the effects of a
1.36% landfill disposal fee increase, and a 1.24% change in the Consumer Price Index
(CPI) on the monthly rate per class of service provided in the City of Poway, effective July
1, 2011; and
WHEREAS, the Franchise Agreement may be modified or amended by a writing
signed by the parties, and shall include any amendment(s) properly approved and
executed.
Resolution No. 11 -029
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: Resolution No. 09 -031 is hereby rescinded.
Section 2: The attached "Schedule of Maximum Rates to be Charged and
Collected for Collection Services of Garbage or Rubbish in the City of Poway" effective
July 1, 2011, Is hereby adopted as shown in Exhibit A.
Section 3: The fees adopted herein are for the exclusive right to collect from
and charge Poway customers for solid waste, recyclables, yard waste, compostables,
and other services at rates fixed by the City Council from time to time.
Section 4: The attached "Schedule of Maximum Rates to be Charged and
Collected for Collection Services of Garbage or Rubbish in the City of Poway" shall be
implemented on July 1, 2011, to correspond with the next regular billing cycle following
the effective date of the rate increase.
Section 5 : Sections 8.3 (A) and 8.3(E) of the Franchise Agreement between the
City and EDCO Waste and Recycling Services are deleted.
PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 17` day of May, 2011.
7:E-
Don Higginson, Mayor
ATTEST:
MMC, City
Resolution No. 11 -029
Page 3
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk of the City of Poway do hereby certify, under
penalty of perjury, that the foregoing Resolution No. 11 -029, was duly adopted by the City
Council at a meeting of said City Council held on the 17 day of May, 2011, and that it
was so adopted by the following vote:
AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
\. Troyan, MMC'City Clerk
Poway
Resolution No. 11 -029
Page 4
EXHIBIT A
SCHEDULE OF MAXIMUM RATES TO BE CHARGED AND COLLECTED FOR
COLLECTION SERVICES OF GARBAGE OR RUBBISH IN THE CITY OF POWAY
EFFECTIVE July 1, 2011
Residential Services
Current
Current
Proposed
Proposed
Total Rate
EDCO
EDCO
Total Rate
(Incl. City
Trash
Trash Rate
(Incl. City
Fees)
Rate
711/11
Fees) 711/11
7/1/09
Single Family weekly 35 -gal. waste
$14.78
$13.44
$13.67
$15.01
cart, includes recycling and yard
waste
Single Family weekly 95 -gal. waste
$23.53
$19.88
$20.11
$23.76
cart, includes recycling and yard
waste
Multi- family weekly 35 -gal. waste
$14.78
$13.44
$13.67
$15.01
cart, includes recycling and yard
waste Billed to Occupant
Multi- family weekly 95 -gal. waste
$17.81
$14.16
$14.33
$17.98
cart, includes recycling and yard
waste Billed to Occupant
Multi- family weekly 95 -gal. waste
$17.25
$13.60
$13.76
$17.41
cart, includes recycling and yard
waste Billed to HOA
Special on -call pickup of items
$14.13
$14.13
$14.31
$14.31
separate from and dissimilar to
items listed in section 53 of
Agreement cost per item
Surcharge of special on -call pickup
$28.31
$28.31
$28.66
$28.66
of refrigerator or other appliance
that requires special handling due
to Freon or similar contaminants
Roll -out "scout' service (in addition
$21.73
$21.73
$22.00
$22.00
to refuse collection)
Fee for additional waste cart
$3.53
$3.53
$3.57
$3.57
Fee for additional recycling cart
No charge
No charge
No charge
No charge
Resolution No. 11 -029
Page 5
Multi- family Services (Excludes
Yard Waste)
Current
Total Rate
(Incl. City
Fees)
Current
EDCO
Trash
Rate
7/1/09
Proposed
EDCO
Trash Rate
711/11
Proposed
Total Rate
(Incl. City
Fees) 7/1/11
2 -Cu. Yd. Bin Service- 1 X Week
$91.48
$75.97
$76.93
$92.44
2 -Cu. Yd. Bin Service- 2 X Week
$157.75
$126.73
$128.32
$159.34
2 -Cu. Yd. Bin Service- 3 X Week
$223.97
$177.44
$179.66
$226.19
2 -Cu. Yd. Bin Service- 4 X Week
$284.66
$222.61
$225.40
$287.45
2 -Cu. Yd. Bin Service- 5 X Week
$345.25
$267.69
$271.06
$348.62
2 -Cu. Yd. Bin Service- 6 X Week
$405.90
$312.83
$316.76
$409.83
3 -Cu. Yd. Bin Service- 1 X Week
$132.60
$109.34
$110.71
$133.97
3 -Cu. Yd. Bin Service- 2 X Week
$229.14
$182.61
$184.91
$231.44
3 -Cu. Yd. Bin Service- 3 X Week
$325.68
$255.88
$259.10
$328.90
3 -Cu. Yd. Bin Service- 4 X Week
$414.22
$321.15
$325.22
$418.29
3 -Cu. Yd. Bin Service- 5 X Week
$502.72
$386.40
$391.29
$507.61
3 -Cu. Yd. Bin Service- 6 X Week
$591.30
$451.70
$457.41
$597.01
4 -Cu. Yd. Bin Service- 1 X Week
$145.70
$114.68
$116.14
$147.16
4 -Cu. Yd. Bin Service- 2 X Week
$253.30
$191.25
$193.68
$25573
4 -Cu. Yd. Bin Service- 3 X Week
$360.88
$267.81
$271.22
$364.29
4 -Cu. Yd. Bin Service- 4 X Week
$449.74
$325.65
$329.81
$453.90
4 -Cu. Yd. Bin Service- 5 X Week
$561.04
$405.91
$411.09
$566.22
4 -Cu. Yd. Bin Service- 6 X Week
$660.90
$474.76
$480.83
$666.97
5 -Cu. Yd. Bin Service- 1 X Week
$166.72
$127.95
$129.57
$168.34
5 -Cu. Yd. Bin Service- 2 X Week
$289.44
$211.88
$214.59
$292.15
5 -Cu. Yd. Bin Service- 3 X Week
$412.08
$295.75
$299.55
$415.88
5 -Cu. Yd. Bin Service- 4 X Week
$530.76
$375.63
$380.45
$535.58
5 -Cu. Yd. Bin Service- 5 X Week
$649.48
$455.58
$461.42
$655.32
6
5 -Cu. Yd. Bin Service- X Week
$768.16
$535.49
$542.38
$775.05
Resolution No: 11 -029
Page 6
Multi- family Services (Includes
Yard Waste)
Current
Total Rate
(Incl. City
Fees)
Current
EDCO
Trash
Rate
7/1109
Proposed
EDCO
Trash Rate
7/1/11
Proposed
Total Rate
(Incl. City
Fees) 711/11
2 -Cu. Yd. Bin Service- 1 X Week
$99.51
$84.00
$85.04
$100.55
2 -Cu. Yd. Bin Service- 2 X Week
$171.08
$140.06
$141.82
$172.84
2 -Cu. Yd. Bin Service- 3 X Week
$242.64
$196.11
$198.57
$245.10
2 -Cu. Yd. Bin Service- 4 X Week
$308.03
$245.98
$249.06
$311.11
2 -Cu. Yd. Bin Service- 5 X Week
$373.40
$295.84
$299.55
$377.11
2 -Cu. Yd. Bin Service- 6 X Week
$438.91
$345.84
$350.17
$443.24
3 -Cu. Yd. Bin Service- 1 X Week
$144.19
$120.93
$122.44
$145.70
3 -Cu. Yd. Bin Service- 2 X Week
$248.49
$201.96
$204.50
$251.03
3 -Cu. Yd. Bin Service- 3 X Week
$352.82
$283.02
$286.59
$356.39
3 -Cu. Yd. Bin Service- 4 X Week
$448.29
$355.22
$359.71
$452.78
3 -Cu. Yd. Bin Service- 5 X Week
$543.71
$427.39
$432.78
$549.10
3 -Cu. Yd. Bin Service- 6 X Week
$639.22
$499.62
$505.92
$645.52
4 -Cu. Yd. Bin Service- 1 X Week
$157.88
$126.86
$128.46
$159.48
4 -Cu. Yd. Bin Service- 2 X Week
$273.66
$211.61
$214.30
$276.35
4 -Cu. Yd. Bin Service- 3 X Week
$389.39
$296.32
$300.09
$393.16
4 -Cu. Yd. Bin Service- 4 X Week
$496.78
$372.69
$377.42
$501.51
4 -Cu. Yd. Bin Service- 5 X Week
$604.29
$449.16
$454:87
$610.00
4 -Cu. Yd. Bin Service- 6 X Week
$711.50
$525.36
$532.05
$718.19
5 -Cu. Yd. Bin Service- 1 X Week
$180.46
$141.69
$143.39
$182.16
5 -Cu. Yd. Bin Service- 2 X Week
$312.07
$234.51
$237.50
$315.06
5 -Cu. Yd. Bin Service- 3 X Week
$443.70
$327.37
$331.56
$447.89
5 -Cu. Yd. Bin Service- 4 X Week
$571.12
$415.99
$421.31
$576.44
5 -Cu. Yd. Bin Service- 5 X Week
$698.22
$504.32
$510.77
$704.67
5 -Cu. Yd. Bin Service- 6 X Week
$825.47
$592.80
$600.40
$833.07
Resolution No. 11 -029
Page 7
Commercial Services
Current
Total Rate
(Incl. City
Fees)
Current
EDCO
Trash
Rate
7/1/09
EDCO Rate
(Trash
Service)
7/1/11
Proposed
Total Rate
(Incl. City
Fees) 7/1111
2 -Cu. Yd. Bin Service- 1 X Week
$98.32
$69.57
$70.46
$100.36
2 -Cu. Yd, Bin Service- 2 X Week
$162.79
$134.04
$135.75
$165.65
2 -Cu. Yd. Bin Service- 3 X Week
$260.52
$198.52
$201.05
$265.53
2 -Cu. Yd. Bin Service- 4 X Week
$325.03
$263.03
$266.39
$330.87
2 -Cu. Yd. Bin Service- 5 X Week
$426.56
$327.42
$331.60
$434.71
2 -Cu. Yd. Bin Service- 6 X Week
$491.09
$391.95
$396.95
$500.06
3 -Cu. Yd. Bin Service- 1 X Week
$129.47
$100.72
$102.00
$131.90
3 -Cu. Yd. Bin Service- 2 X Week
$230.65
$168.65
$170.82
$235.30
3 -Cu. Yd. Bin Service- 3 X Week
$335.79
$236.65
$239.68
$342.79
3 -Cu. Yd. Bin Service- 4 X Week
$396.50
$297.36
$301.18
$404.29
3 -Cu. Yd. Bin Service- 5 X Week
$520.18
$358.04
$362.65
$531.28
3 -Cu. Yd. Bin Service- 6 X Week
$580.91
$418.77
$424.16
$592.79
4 -Cu. Yd. Bin Service- 1 X Week
$135.15
$106.40
$107.77
$137.67
4 -Cu. Yd. Bin Service- 2 X Week
$241.96
$179.96
$182.28
$246.76
4 -Cu. Yd. Bin Service- 3 X Week
$352.64
$253.50
$256.79
$359.90
4 -Cu. Yd. Bin Service- 4 X Week
$489.23
$327.09
$331.32
$499.95
4 -Cu. Yd. Bin Service- 5 X Week
$562.95
$400.81
$406.00
$574.63
4 -Cu. Yd. Bin Service- 6 X Week
$723.64
$474.21
$480.35
$739.76
5 -Cu. Yd. Bin Service- 1 X Week
$148.09
$119.34
$120.87
$150.77
5 -Cu. Yd. Bin Service- 2 X Week
$334.21
$235.07
$238.10
$341.21
5 -Cu. Yd. Bin Service- 3 X Week
$512.88
$350.74
$355.26
$523.89
5 -Cu. Yd. Bin Service- 4 X Week
$628.59
$466.45
$472.46
$641.09
5 -Cu. Yd. Bin Service- 5 X Week
$831.64
$582.21
$589.71
$849.12
5 -Cu. Yd. Bin Service- 6 X Week
$947.36
$697.93
$706.92
$966.33
6 -Cu. Yd. Bin Service- 1 X Week
$190.68
$128.68
$130.35
$194.83
6 -Cu. Yd. Bin Service- 2 X Week
$356.47
$257.33
$260.66
$363.77
6 -Cu. Yd. Bin Service- 3 X Week
$548.17
$386.03
$391.02
$559.65
6 -Cu. Yd. Bin Service- 4 X Week
$764.11
$514.68
$521.33
$780.74
6 -Cu. Yd. Bin Service- 5 X Week
$857.72
$608.29
$616.17
$875.58
6 -Cu. Yd. Bin Service- 6 X Week
$1,013.06
$763.63
$773.51
$1,032.92
Resolution No. 11 -029
Page 8
Commercial Recycling Services
Current EDCO Trash
Rate 7/1109
Proposed EDCO Trash
Rate 7/1111
Weekly 2 -Cu. Yd. Bin Service
$30.26
$30.64
Weekly 3 -Cu. Yd. Bin Service
$37.79
$38.26
Weekly 4 -Cu. Yd. Bin Service
$45.37
$45.93
Weekly 5 -Cu. Yd. Bin Collection
$52.90
$53.56
Weekly 6 -Cu. Yd. Bin Collection
$52.90
$53.56
95 Gallon Recycling Cart
$15.47
$15.66
Industrial Debris Box Services
Current EDCO Trash
Proposed EDCO Trash
Rate 711/09
Rate 7/1/11
Total Scheduled Debris Box
$156.31
$158.25
Serviced Monthl
Unscheduled Debris Box Pulls (40-
$168.39
$170.48
Cublic Yards)
3 -Cubic Yard Bin - 3 -Day Rental
$56.06
$56.76
3 -Cubic Yard Bin - 1 -Month Rental
$223.60
$226.37
(Once -a -Week Emptying
(Preliminary Construction &
Remote
Additional Dump of 3 -Cu. Yd. Bin
$25.59
$25.91
Daily Roll -Off Rental
$4.53
$4.59
Locking Lid Set Up
$8.84
$8.95
Daily Impound Fee for Storage of
$20.00
$20.25
Unauthorized Containers
Service Charge to Reinstate
$12.87
$13.03
Collection Services After
Termination for Non-Payment