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Ordinance 11820 C.M.S 2004 City Fees Amendment

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    COUNCILMEMBERAPPROVED AS TO FORM AND LEGALITY

    //< /1 3 P M ^ l ? OAKLAND CITY COUNCILAMENDMENT TO ORDINANCE NO. 11820 C.M.S. INCREASING RATES CHARGED FORSOLID WASTE COLLECTION AND DISPOSAL FOR MULTI FAMILY AND SINGLE FAMILYRATEPAYERS, INCREASING CITY FEES PAID BY WASTE MANAGEMENT OF ALAMEDACOUNTY TO THE CITY OF OAKLAND AND AUTHORIZING THE FIFTH AMENDMENT TOTHE FRANCHISE AGREEMENT FOR SOLID WASTE AND YARD WASTE COLLECTIONAND DISPOSAL SERVICES TO INCLUDE WEEKLY SINGLE STREAM RESIDENTIALRECYCLING AND PROCESSING SERVICES IN THE SOUTHERN HALF OF THE CITY($926,000), AND CITY-WIDE WEEKLY YARD WASTE COLLECTION AND RESIDENTIALFOOD SCRAPS RECYCLING IN AN INITIAL AMOUNT OF APPROXIMATELY $2,031,000PER YEAR

    WHEREAS, the Council of the City of Oakland passed Resolution No. 77500 C.M.S. on October29, 2002 which established a goal of 75% waste reduction going to landfills in alliance with thecountywide 75% waste reduction goal; and

    WHEREAS, Ordinance No. 11820 C.M.S. was adopted on July 25, 1995 to enter into a FranchiseAgreement for Solid Waste and Yard Waste Collection and Disposal Services with Waste Management ofAlameda County, Inc. (WMAC); and establish rates and procedures to adjust the rates; andWHEREAS, Section 8.28.020 of the Oakland Municipal Code allows the City Council to makeNon-Consumer Price Index related rate adjus tmen ts in the exercise of its legislative discretion and toattach a surcharge on solid waste fees collected by WMAC to compensate the City for some or all of thecosts of programs to reduce solid waste going to landfi l ls ; andWHEREAS, Section 8.3.4 of the Franchise Agreement obligates the City to increase garbagerates to generate a sufficient amount of revenue to cover any increase in fees remitted to the City; andWHEREAS, th e City wishes to increase solid waste rates paid by multi-family and single-familyratepayers by 1.92% effective July 1, 2004 to generate approximately $750,000 annually beginning July1, 2004, and by an additional 1.92% effective July 1, 2005 to generate an additional approximately$750,000 annua l ly beginning July 1 , 2005, for the Recycling Fund fo r changes to residential recyclingprograms, including implementing weekly citywide cart-based single stream recycling collection, in orderto reduce solid waste going to landfi l ls ; andWHEREAS, single-family residential backyard premium collection currently includes service fo rSolid Waste and Yard Waste carts, and implementing cart-based single stream recycling collection

    requires that recycling cart collection be added to residential backyard premium services and that thebackyard premium surcharge be increased to cover the cost of doing so; andWHEREAS, the City wishes to increase solid waste rates paid by single-family ratepayers by4.02% effective July 1 , 2004, and by an additional 4.02% effective July 1 , 2005, in order fo r WMAC toincrease Yard Waste collection services to single-family dwellings from bi-weekly to weekly collectionservices and to add Food Waste to materials collected as Yard Waste, in order to reduce solid waste goingto landfi l ls ; and

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    WHEREAS, the City Council must amend Ordinance No. 11820 C.S.M. to authorize an increaseof the City fees and to increase the garbage rates to generate a sufficient amount of revenue to cover theincreased City fees and Yard Waste collection service enhancements; andWHEREAS, the City Council finds that th e services provided pursuant to the Franchise

    Agreement authorized hereunder are of a professional, scientific or technical nature; andWHEREAS, the City Council finds that this Agreement shall not result in the loss of employmentor salary by any person having permanent status in the competitive service; andWHEREAS, this Ordinance has been duly processed with proper public notice;

    NOW THEREFORE, THE CITY COUNCIL FOR THE CITY OF OAKLAND DOES ORDAIN ASFOLLOWS:SECTION 1. Effective July 1, 2004 Ordinan ce 11820 C.S.M Section 5 is amended to provide that:(1 ) WM AC is dul y authorized to increase the single- famil y residential backyard premium surchargeby 50% in order to add recycling cart collection to existing residential backyard premium servicesfor Solid Waste and Yard Waste. Accordingly monthly backyard premium base rates, to whichthe total July 1 , 2004 rate adjustment and all future total annual rate adjustments apply, shall be :

    M in i Can Rate - 2 0 Gallon3 5 Cart64 Cart96 Cart

    Contractor Supplied Carts$28.82$34.32$59.76$85.22

    Customer Supplied Cans$25.99$31.49$56.94$82.38

    (2 ) WM AC is duly authorized to increase the annual rate that its mu lti-family and single-familycustomers are charged by 1.92% in order to increase the payment of City fees to the City ofOakland to implem ent weekly citywide cart-based single stream recycling collection.(3 ) W M AC is duly authorized to increase the ann ual rate that its single-fam ily customers are chargedby 4.02% in order to implem ent enhancemen ts in Yard W aste collection services.(4) W M AC is required to pass through to the City the $750,000 in revenue generated by the 1.92%increase in multi-family an d single-fam ily rates for FY 2004-05.(5 ) The additional revenues generated shall be remitted to the City in twelve equal paymentsfol lowing procedures contained in Section 8.3.4 of the Franchise Agreement.SECTION 2. Effective July 1 , 2005 Ordina nce 11820 C.S.M Section 5 is amended to provide tha t:(1 ) WM AC is duly authorized to increase the an nual rate that its mul ti-family and single-familycustomers are charged by an additional 1.92% in order to increase the payment of City fees to theCity of Oakland to implement weekly citywide cart-based single stream recycling collection.

    (2) WM AC is du ly authorized to increase the annu al rate that its singl e-fam ily customers are chargedby an add itional 4.02% in order to implement enha ncem ents in Yard W aste collection services.(3 ) WM AC is required to pass through to the City the additio nal $750,000 in revenue generated bythe 1.92% increase in multi-family and single-family rates for FY 2005-06(4) The additional revenues generated shall be remitted to the City in twelve equal paymentsfollowing procedures contained in Section 8.3.4 of the Franchise Agreement.(5) For future years, effective July 1 , 2005 , WMAC is required to pass through to the City 1.92%established July 1 , 2004, compounded annually by future total annual rate adjustments, of the

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    total revenue generated by multi-family and single-family rates in the immediately precedingfiscal year, which shall be remitted to the City pursuant to Section 8.3.4 of the FranchiseAgreement.

    SECTION 3. Effective July 1, 2006 Ordinance 1 1820 C.S.M Section 5 is amended to provide that:(1) For future years, effective July 1, 2006, WMAC is required to pass through to the City theadditional 1.92% established July 1, 2005, compounded annually by future total annual rateadjus tmen ts , of the total revenue generated by multi-family and single-family rates in theimmedia te ly preceding fiscal year, which shall be remitted to the City pursuant to Section 8.3.4 of

    the Franchise Agreement.SECTION 4 . This Amendment will take effect upon th e dates shown in Sections 1 -3 above.SECTION 5. The City Manager is hereby authorized and empowered to execute the Fifth Amendment tothe Franchise Agreement for Solid Waste and Yard Waste Collection and Disposal Services with WasteManagement of Alameda County to provide weekly single stream residential recycling collection andprocessing services in the Southern half of the City ($926,000); and City-wide weekly yard wastecollection and residential food scraps recycling ($2,031,000) and to approve any subsequent amendmentsto or extensions of said Franchise Agreement with the exception of those related to an increase incompensation fo r work not included in said Franchise Agreement or for increases in compensationbeyond the procedures the City has set forth in the Franchise Agreement, provided that such agreementsand amendments or extensions shall be approved by the City Attorney's Office and shall be filed with theCity Clerk's Office.SECTION 6. The Council establishes a base rate to be paid to WMAC of $3.20 per household by theCity which rate shall be adjusted annually by the Consumer Price Index based on the formula contained inthe Franchise Agreement.SECTION 7. A copy of the Fifth Amendment to the Franchise Agreement will be on file with th e CityClerk's Office and will be approved fo r form and legality by the Office of the City Attorney.SECTION 8. The City Council finds and determines that:(a ) This amendment is necessary to protect the public health, safety, an d welfare;

    (b) The foregoing recitals are true and correct and are an integral part of this Amendment.IN COUNCIL, OAKLAND, CALIFORNIA, - J U N 1 5 2 0 0 4PASSED BY THE FOLLOWING VOTE:A Y E S - Bnx>^$ , >rcuine C n / m, ' c ( ^ | ( ' t ^ su> l A / o r > ,NOES- 0ABSENT- 0ABSTENTION -

    A T TIntroduction Date: r.t r, t rtr, C^A F L O Y D xfCity Clerk and Clerk of the Council (/inu 1 o O D D * of the City of Oakland, CaliforniaM A Y 1 o c u u Q

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    AMENDMENT TO ORDINANCE NO. 11820 C.M.S. INCREASING RATESCHARGED FOR SOLID WASTE COLLECTION AND DISPOSAL FOR MULTIFAMILY AND SINGLE FAMILY RATEPAYERS, INCREASING CITY FEESPAID BY WASTE MANAGEMENT OF ALAMEDA COUNTY TO THE CITY OFOAKLAND AND AUTHORIZING THE FIFTH AMENDMENT TO THEFRANCHISE AGREEMENT FOR SOLID WASTE AND YARD WASTECOLLECTION AND DISPOSAL SERVICES TO INCLUDE WEEKLY SINGLESTREAM RESIDENTIAL RECYCLING AND PROCESSING SERVICES IN THESOUTHERN HALF OF THE CITY ($926,000), AND CITY-WIDE WEEKLYYARD WASTE COLLECTION AND RESIDENTIAL FOOD SCRAPSRECYCLING IN AN INITIAL AMOUNT OF APPROXIMATELY $2,031,000 PERYEAR

    NOTICE AND DIGESTThis Ordinance authorizes Waste Management of Alameda County (WMAC) to increasethe annual rates charged to its multi-family and single-family customers by 1.92%effective July 1, 2004 and by an additional 1.92% effective July 1, 2005, and directsWMAC to remit the revenues resulting from both 1.92% increases in fees to the City ofOakland; and authorizes WMAC to increase the annual rates charged to its single-familycustomers by an additional 4.02% effective July 1 , 2004 and by an additional 4.02%effective July 1,2005.For a 35-gallon single-family garbage container, the rate increases will result in amonthly rate of $22.86 from $21.58 effective July 1, 2004, and a monthly rate of 24.22from $22.86 effective July 1 , 2005. For each multi-family unit, th e rate increases willresult in a monthly rate of $18.87 from $18.51 effective July 1 , 2004, and a monthly rateof $19.23 from $18.87 effective July 1 , 2005.This Ordinance also authorizes WMAC to provide weekly single stream residentialrecycling collection and processing services in the Southern half of the City ($926,000),and City-wide weekly yard waste collection and residential food scraps recycling in aninitial amount of approximately $2,031,000 per year.

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    akland TribuneA N G N e wspa pe r s13th StreetC A 9 4 6 1 2rt is ing595-9595 opt.4

    CITY OF O A K L A N D1 FRANK OGAW A PLAZA, 2ND FLOOR (CITYH A L L )O A K L A N D CA 94612P R O O F O F PIBLICATION

    FILE NO. 11820In the matter of

    INCREASING RATES CHARGED FORSOLID WASTE COLLECTION ANDnicorCAi

    Oakland Tribunea citizen of the United States; I am over the age of eighteenand not a party to or interested in the above-entit ledmatter. I am the Lega l Advertising Clerk of the printer and

    of The Oakland Tribune, a newspaper published in theage in the Ci ty of Oakland, County of Alameda ,State of California.I declare that Th e Oakland Tribune is a newspaper of generalcirculation as defined by the l aws of the State of Cal ifornia asdetermined by this court 's orde r, dated De cemb er 6 , 1951, in theaction entit led In the M atter of the Ascertainme nt andEstablishment of the Standing of The Oakland Tribune as aNewspaper of Genera l Circu la t ion, Case Num ber 237798. Sa idorder states that "The Oak land Tribune is a news pape r ofcirculation within the City of Oakland, and the Coun tyof Alameda , and the Sta te of California, within the mean ing an dintent of Chap ter 1, Division 7, Tit le 1 [ 6000 et seq.], of theGov ernm ent Code of the State of Cal ifornia. "Said orde r has notor set aside.I declare that th e notice, of which th e annexed is a printed copy,has been published in each regular and ent ire issue of saidnewspaper and not in any supplement thereof on the followingdates, to wi t :

    5/29/04

    I cert i fy (o r d e c l a r e ) u n d e r the pena l ty of per ju rythat the fo regoing is true a n d cor rect .

    Pub l ic Notice Adver t is ing C le rk

    Legal No. 0000364140

    } ! T K E C l T ;O A K L A N D

    AMENDMENT TO ORDINANCE NO.11820 C.M.S. INCREASING RATESCHARGED FOR SOLID WASTECOLLECTION AND DISPOSAL FORHULTL rFAMILY ANDSINGLE FAMILY' ' ^>-RATEPAYERS, INCREASING CITY FEESPAID BY W A S T E MA N AG EMEN T OFALAMEDA COUNTY TO THE CITY OFO A K L A N D AND AUTHORIZING THEl, || Jkl _J. DM O- OflFIFTH AMENDMENT TO THE U4JUl H Til L" OUFRANCHISE AGREEMENT FOR SOLIDW A S T E AND YA R D W A S T ECOLLECTION AND DISPOSALSERVICES TO INCLUDE WEEKLY SINGLESTREAM RESIDENTIAL RECYCLINGAND PROCESSING SERVICES IN THEYA R D W A S T E COLLECTION ANDRESIDENTIAL FOOD S C R A P SRECYCLING IN AN INITIAL AMOUNT OFAPPROXIMATELY $2,031,000 PERYEAR SOUTHERN HALF OF THE C IT Y($ 9 2 6 , 000) , AND CITY-WIDE W EEK L Y

    NOTICE AND DIGESTThis Ordinance authorizes WasteM a n a g e m e n t of A l a m e d a C o u n ty (W MA C ) toi n c r e a s e the a n n u a l r a te s c h a rge d to its multi-i ami ly and s i n g l e - f a m i l y c u s to m e rs by 1.92%el lect ive Ju ly 1, 2 0 0 4 a n d b y a n add i t iona l1.92% e f f e c t i v e J u l y 1 , 2 005, a n d d i r e c tsWMAC to r e m i t the r e v e n u e s re s u l t i n g t ro mboth 1.92% increases in f e e s to the City ofOaklan d; and author izes WMAC to increasethe a n n u a l r a te s c h a rge d to its single-larnilyc u s to m e rs b y a n additional 4.02% ef fect iveJu ly 1, 2004 and by an ad d i t iona l 4.02%e ffec t ive July 1,2005.Fo r a 35-ga l lon s ingle- fami ly garbageconta iner , the rate i ncrea ses w i l l resu lt i n amonthly ra te of $22.86 f rom $21.58 ef fect iveJu ly 1, 2 004, a n d a monthly rate of $24.22f r o m $22.66 e f f e c t i v e July 1, 2 005. Fo r e a c hmult i - fami ly un i t , the rate i ncreases w i l l resu l ti n a m o n th l y r a t e of $18.87 f rom $18.51e f f e c t i v e July 1, 2 004, a n d a month ly rate of$19.23 f r o m $18.87 e f fect ive Ju ly 1, 2 005.This Ordinance also authorizes WMAC toprovide week ly single s t re a m re s i d e n t i a lrecyc l i ng col l ect ion and processing serv icesin the Southern hall of the City ($926,000),and Ci ty-w id e wee k ly yard waste col l ect ionand res ident ia l food scraps recyc l i ng in aninitial amoun t of approx ima te ly $2,031,000per ye a r , Notice of PublicationTh is Ordinance was introduced at the CityCounci l meet ing, Tuesday evening May 18,2004, and p a s s e d to print 7Ayes, 1Excused. Hear ing on f i n a l adoption hasb e e n s c h e d u l e d f o r the C i ty Council m e e t i n gT u e s d a y e v e n i n g June 1, 2004, 6:00 p.m., atOn e Frank H. Ogawa Plaza, C o u n c i lC h a m b e rs , o n th e th i r d f l o o r i n O a k l a n d ,Cal i forn ia .T h r e e fu l l copies are available lor use andexam inat ion by the pub l i c i n the Off ice of theCity Clerk at One Frank H. O ga w a P l a z a , 1s tfloor, Oakland, California.CEDA FLOYD, City Clerk

    The OaklandTribune, #364140Ma y 29, 2004


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