HomeMy WebLinkAbout2003-10-21; City Council; Resolution 2003-2801
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Exhibit 2
RESOLUTION NO. 2003-280
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING AN INCREASE IN
RESIDENTIAL AND COMMERCIAL SOLID WASTE SERVICE FEES
WHEREAS, the National Pollutant Discharge Elimination System (Order No. 2001 -01)
(NPDES Order) requires the City of Carlsbad to protect its citywide storm water conveyance
system and receiving waters within its jurisdiction from pollution generated from both public and
private developed property; and
WHEREAS, the NPDES Order defines pollutants of concern to include grass clippings,
leaves, animal waste, brake dust, soaps, cleansers, and other forms of solid waste; and
WHEREAS, City of Carlsbad staff have determined that nearly all pollutants of concern, as
described in the NPDES Order, are classified as solid waste; and
WHEREAS, Carlsbad Municipal Code Section 6.08.01 O(18) defines pollutants as
including, but not limited to, "...solid waste, sewage, garbage, medical waste, wrecked or
discarded equipment, radioactive materials, dredged spoil, rock, sand, sediment, silt, industrial
waste, and any organic or inorganic substance defined as a pollutant under 40 Code of Federal
Regulations 122.2 ....I' and;
WHEREAS, the actual direct costs to collect, transport and dispose of such waste, as
described above, is a legitimate solid waste program expenditure, as defined in Public Resources
Code Section 41 901, recoverable through fees assessed to solid waste service users throughout
the City; and
WHEREAS, City of Carlsbad staff have carefully analyzed the actual direct costs to the
City of providing solid waste collection services to residential and commercial users across the
City. Staff's analysis is distilled in the City of Carlsbad Storm Water Pollution Protection Program
Regulatory Fee Study Report, dated September 12, 2003, (Fee Study); and
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WHEREAS, the City Council accepted the Fee Study at its regular meeting on October 7,
2003, [Agenda Bill 17,3411. The Fee Study is on file with the City Clerk and is incorporated herein
by this reference; and
WHEREAS, staff recommends, as fully detailed in the Fee Study, an increase of one dollar
and ninety-five cents ($1.95) to the current monthly residential solid waste service fee, (trash
collection fee), and a fifteen and one tenth percent (15.1%) increase to the current monthly
commercial solid waste service fee; and
WHEREAS, California Constitution, Article XIII(D)(6)(c), exempts refuse collection fees
from the Proposition 21 8 elections requirement; and
WHEREAS, consistent with Carlsbad Municipal Code Section 6.08.1 80, the City Council
may, after a noticed public hearing, adopt a resolution imposing the proposed residential and
commercial monthly solid waste service fee increases.
NOW, THEREFORE, be it resolved that:
1.
2.
The recitals above are true and correct.
The City Council has heard and considered all oral and written presentations
offered by the public on the proposed increased residential and commercial solid waste service
fees, (trash collection fees).
4. The City Council has read and considered the City of Carlsbad Storm Water
Pollution Protection Program Regulatory Fee Study Report, dated September 12, 2003, (Fee
Study).
5. The City Council finds that the Fee Study establishes a reasonable relationship
between the City's solid waste services and the benefit derived therefrom by both residential and
commercial solid waste service users across the City.
6. The City Council finds that the Fee Study's recommended monthly increases to
solid waste service fees for both residential and commercial solid waste service users do not
exceed the City's current actual direct costs to provide these solid waste services.
Ill
Ill
Page 2 of 3 of Resolution No. 2003-280 L
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7. The City Council finds that the increased residential and commercial monthly solid
waste service fees do not exceed the proportional cost of the service attributable to the benefited
parcel.
8. The City Council finds that the revenue generated from increased residential and
commercial monthly solid waste service fees shall only be used for the purposes detailed in the
Fee Study, and shall not be used for any other purpose.
9. The City Council hereby imposes a one dollar and ninety-five cent ($1.95) increase
to the current monthly residential solid waste service fee, (trash collection fee), and a fifteen and
one tenth percent (1 5.1 %) increase to the current monthly commercial solid waste service fee as
shown on Exhibit 1.
10. The City Council finds that California Constitution Article XIII(D)(G)(c) exempts the
increase to the commercial and residential solid waste service fees from the election requirement.
This resolution shall become effective on November 21, 2003, 30 days after the 11.
date of adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 21st day of October , 2003 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin and Hall
ncil Member P
ATTEST
Page 3 of 3 of Resolution No. 2003-280
(SEAL)
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