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HomeMy WebLinkAboutItem 6.1 - 3184 AVI Annual Rate Adoption (2) Page 1 of 4 STAFF REPORT CITY COUNCIL DATE: June 16, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Adoption of Rates for Garbage Collection, Disposal, and Recycling Services Provided by Amador Valley Industries and Establishing the 2020- 21 Annual Assessment Prepared by: Jay Baksa, Assistant Administrative Services Director EXECUTIVE SUMMARY: The City Council will consider adopting two separate resolutions establishing the garbage rates effective July 1, 2020 and establishing the Fiscal Year 2020-21 refuse- related property tax assessment. STAFF RECOMMENDATION: Conduct the public hearing, deliberate, and adopt the Resolution Amending the Schedule of Service Rates for Integrated Solid Waste Services; and adopt the Resolution Approving and Establishing the Collection of Minimum Residential Garbage and Recycling Service Fees for Fiscal Year 2020-21. FINANCIAL IMPACT: The annual rate adjustment for the Fiscal Year 2020-21 will result in a 21.83% increase for all rates. The rate increase includes the costs associated with the Sixth Amendment to the Collection Service Agreement between the City of Dublin and Amador Valley Industries, LLC, which is included on the June 16, 2020 City Council agenda as a separate item, as well as adjustments for CPI index increases and costs such as labor and waste disposal. The residential garbage and recycling service fees, which are collected on the Property Tax bill as an annual assessment, will increase by $6.29 per month on the required residential 32-gallon can to a total of $35.11 per month. When compared to the Tri-Valley cities of Livermore, Pleasanton and San Ramon, the $35.11 monthly fee is 1.82% below the Tri-Valley average monthly rate of $35.76. The proposed Dublin commercial rate increases vary based on the service level selected. The proposed rate of $170.36 represents the average service level for a one -yard bin collected once per week and is 13% above the Tri-Valley average rate of $150.29. Page 2 of 4 DESCRIPTION: BACKGROUND In January 2005, the City executed an Agreement with Amador Valley Industries, LLC (AVI) for service that began July 1, 2005 and continues to June 30, 2020. At the meeting of August 21, 2018, the City Council discussed a request by AVI to begin negotiations with the City to extend the agreement in order to make necessary investments in new equipment over the next several years. The City Council directed Staff to bring back a review of the existing contract arrangement, along with a brief discussion of potential focus areas of contract negotiations. That item was brought back to the City Council on November 8, 2018, highlighting the main components that would be included in a contract extension, including capital equipment replacement, operational cost increases, and incorporation of future local and state requirements. The City Council then directed Staff to proceed with negotiations on a contract extension. At the April 21, 2020, meeting Staff presented the terms of the final contract negotiations. The result of those negotiations is a Sixth Amendment to the Collection Services Agreement (Amendment) which is presented in a separate item on the June 16, 2020 City Council agenda. The rates presented in this Staff Report are in accordance with the Amendment. Setting the New Baseline The Amendment includes a re-set of baseline compensation, with a rate structure that is flexible enough to adapt to changes in the refuse and recycling markets. The cost elements contained in the original agreement have been m odified, and new elements have been added. Costs for capital equipment replacement, operational cost increases, additional program costs, and the incorporation of future local and state requirements were calculated and applied to the baseline compensation. It should be noted that the creation of new elements shifts costs that would have otherwise been factored into other elements. Original Cost Elements vs. Updated Cost Elements Original Cost Elements Updated Cost Elements Collection Element Collection Element Commercial Recycling Element Commercial Recycling Element Disposal Element Disposal Element Container Element Container Element Fee Element Fee Element (NEW) Recycling Disposal Element (NEW) Organics Disposal Element (NEW) Vehicle and Administration Element Page 3 of 4 Detailed Comparison of Current and Proposed Rates Attachment 2 compares the proposed rates to the current rates for service levels that represent a majority of the subscribers in the City. The proposed rates would be effective July 1, 2020. Competitiveness of Dublin Rates with Neighboring Agencies Historically, Staff has included a comparison of the Dublin rates compared to rates charged for similar services in surrounding communities. These comparisons, included in Attachment 3, show that the proposed City of Dublin rates remain competitive compared to rates charged for similar services in surrounding communities. It should be noted that these comparisons are not necessarily like for like; for example, San Ramon is in the beginning of implementing a new long term agreement, and Livermore has delayed adjusting their rates due to COVID-19 (and for their commercial customers Livermore now charges recycling at 75% of the garbage rate). Overall, Dublin still remains competitive and the services offered are at least comparable to, and are often better than, the surveyed cities. For instance, San Ramon and Livermore charge extra for many items, such as electronic waste and appliances, which AVI will pick up at no additional cost for Dublin residents. Minimum Residential Garbage Service All properties in the City are required to have a weekly minimum garbage service (Dublin Municipal Code Section 5.32). This minimum service includes: weekly curbside collection of a 32-gallon garbage container; up to two organic waste carts, including food scraps (96 gallons each); up to two recycling carts (96 gallons each); recycling collection of used oil and filters; an annual household hazardous waste drop -off event; and three on-call bulky waste pick-ups per year. Residents desiring larger garbage carts are billed directly by AVI for the incremental rate difference. The City pays AVI for the service cost of the minimum residential service with monies collected from the property tax bill. The City Council will need to establish the annual fee, which is collected with the property tax bill for residential properties, separately from the rates for other levels of service. The proposed fee for basic residential service for Fiscal Year 2020 -21 is $421.32, which is collected in two installments on the property tax bill. This equates to $35.11 per month, which is $75.48 per year ($6.29 per month) more than the rate levied in Fiscal Year 2019-20, as shown here: Historical Annual Fee for Minimum Garbage Service Collected with Property Tax Bill 2018-19 2019-20 Proposed 2020-21 Annual Change Monthly Change $313.08 $345.84 $421.32 $75.48 $6.29 Page 4 of 4 This base rate includes $0.45 per month to cover the cost associated with the collection being included on the property tax bill. These funds are not paid to AVI but are retained by the City to offset the administrative cost in preparing the tax roll. In addition, the cost of collection and delinquencies for the basic service is expected to be covered by prior year fund balance, penalties and prior year taxes collected by the County Tax Collector, and interest on funds held prior to payment to the Company. Resolutions Included in this Staff Report (Attachments 4-6) are the annual resolutions that, with City Council adoption, will establish the solid waste collection rates and the required minimum level of garbage service for the next fiscal year. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A notice was placed in the East Bay Times on June 6, 2020 and June 13, 2020, notifying the community of the City Council’s consideration of the proposed rates. ATTACHMENTS: 1. Methodology Used for Fiscal Year 2020-21 Annual Rate Adjustment 2. Proposed vs. Current Rates 3. Tri-Valley Rate Comparison 4. Resolution Amending the Schedule of Service Rates for Integrated Solid Waste Services 5. Exhibit A to the Resolution 6. Resolution Approving and Establishing the Collection of Minimum Residential Garbage and Recycling Service Fees for Fiscal Year 2020-21 METHODOLOGY USED FOR FISCAL YEAR 2020-21 ANNUAL GARBAGE RATE ADJUSTMENT IN ACCORDANCE WITH AGREEMENT BETWEEN CITY OF DUBLIN AND AMADOR VALLEY INDUSTRIES Report Submitted To: City Council June 16, 2020 Prepared By: Jay Baksa, Assistant Administrative Services Director ATTACHMENT 1 1 Contractors compensation for amended agreement year that begins July 1, 2020 The Sixth Amendment to the Collection Service Agreement (Amendment) between the City of Dublin and Amador Valley Industries, LLC, provides for an amount of compensation as a lump sum figure for the agreement year that begins July 1, 2020. The total compensation was calculated by identifying the cost of implementing the terms and conditions of the Amendment and then applying the annual rate adjustment to those costs. The costs in the Amendment as agreed upon were as follows: Updated Cost Element Cost Of Terms of Amendment Updated Cost Elements FY 2019-20 FY 2020-21 (Amendment Costs) Collection Element $10,007,091 $12,626,531 Commercial Recycling Compensation Element $607,266 $0 Disposal Compensation Element $1,295,959 $1,295,959 Container Compensation Element $272,645 $308,481 Extraordinary Adjustment $2,572,716 $0 (NEW) Recycling Disposal Element N/A $1,484,670 (NEW) Organics Disposal Element N/A $370,659 (NEW) Vehicle and Administration Element N/A $1,595,575 Fee Compensation Element $4,495,043 $5,386,455 TOTAL $19,250,720 $23,068,330 How Adjustment Factors Are Applied to Elements That Comprise Total Compensation Annually, there is a process established where a revised total compensation figure is developed. This calculation takes into consideration changes in the number of accounts serviced as well as adjustments to seven elements. The Amendment divides compensation provided to AVI into the following eight Elements: 1. Collection Compensation Element 2. Commercial Recycling Incentive Element METHODOLOGY USED FOR FISCAL YEAR 2020-21 ANNUAL GARBAGE RATE ADJUSTMENT IN ACCORDANCE WITH AGREEMENT BETWEEN CITY OF DUBLIN AND AMADOR VALLEY INDUSTRIES Report Submitted To: City Council June 16, 2020 Prepared By: Jay Baksa, Assistant Administrative Services Director ATTACHMENT 1 2 3. Disposal Compensation Element 4. Container Compensation Element 5. Recyclable Material Diversion Compensation Element 6. Organic Waste Diversion Compensation Element 7. Vehicle and Administration Element 8. Fee Compensation Element 1. Methodology for Adjusting Rates to Reflect Changes In Collection Costs The Amendment with AVI contains a very detailed methodology for incorporating economic changes into the annual rate adjustments . Specifically, two calculations are made as part of a larger formula. The first is the Refuse Rate Index Adjustment (RRI) and the second an Annual Growth factor. On July 1, 2020, the Amendment provides for an annual adjustment to Collection Compensation. The Agreement also details the time period to be used in making the annual adjustments. Steps Required to Calculate the RRI Factor The weighted RRI factor cannot exceed 10%, and it is calculated based on the weighted percentage change in specific indices multiplied by the costs associated with key company expenses. The following tables provide a summary description of how these factors are interrelated: STEP 1: INDICES USED IN RRI CALCULATION Operating Cost Category Index Used (To Produce A Weighted Adjustment) % Index Change @ 12/31/2019 LABOR Labor - Teamsters Union Local 70 Contract 7.53% VEHICLE REPLACEMENT Transportation Equipment-Truck & Bus Bodies Sold Separately (wpu141301) 5.31% VEHICLE MAINTENANCE Machinery & Equipment-Parts, Attachments and Accessories (wpu11440378) 4.01% ALL OTHER Consumer Price Index - All Urban Consumers: San Francisco-Oakland-Hayward, CA (CUURS49BSA0) 3.31% The Company provided the City with their expenditures in each of these areas over Calendar Year 2019. These costs are AVI expenses and exclude disposal costs or fees paid to the City. The total costs for the year are used to determine the weighting to be applied for each of the indices. The following table shows the actual weighting used in the FY 2020-21 calculation. STEP 2: RRI WEIGHTING FACTOR BASED ON RELATIONSHIP TO TOTAL COSTS Operating Cost Category AVI $ reported % Total Expenses (Weighting Factor) LABOR $4,738,408 42.00% VEHICLE REPLACEMENT $296,530 2.63% METHODOLOGY USED FOR FISCAL YEAR 2020-21 ANNUAL GARBAGE RATE ADJUSTMENT IN ACCORDANCE WITH AGREEMENT BETWEEN CITY OF DUBLIN AND AMADOR VALLEY INDUSTRIES Report Submitted To: City Council June 16, 2020 Prepared By: Jay Baksa, Assistant Administrative Services Director ATTACHMENT 1 3 VEHICLE MAINTENANCE $2,374,551 21.05% ALL OTHER $3,872,450 34.32% TOTAL $11,281,939 100% As mentioned earlier, these factors are applied on a weighted basis. The index factor for each cost category is multiplied by the weighting factor. The result will produce the RRI, which per the agreement cannot exceed 10%. The following table shows the FY 2020-21 results: STEP 3: RRI CALCULATION (CANNOT EXCEED 10%) [Index Change multiplied By Weighting Factor] Operating Cost Category % Index Change @ 12/31/2019 % Total Expenses (Weighting Factor) RRI Index Change x Weighting Factor LABOR 7.53% 42.00% 3.16% VEHICLE REPLACEMENT 5.31% 2.63% 0.14% VEHICLE MAINTENANCE 4.01% 21.05% 0.84% ALL OTHER 3.31% 34.32% 1.14% TOTAL 5.28% Steps Required to Calculate the Annual Growth (AG) Factor The AG factor uses a formula that compares revenue at two points in time. The “Beginning Calculated Revenue” equals the current rates multiplied by the census as of the beginning of January 2019. This is compared to the “Ending Calculated Revenue”. The Ending Calculated Revenue is equal to the current rates multiplied by the December 2019 number of accounts served. The adjustment reflects increases in the number of billed units served. The methodology is relatively straight forward. The Agreement with AVI included an exhibit which lists various service events. For example, it included the number of single-family basic service units, number of commercial bins by size, and frequency of service, etc. These are then multiplied by the appropriate monthly rate. Residential service is a bundled rate for recycling and garbage and, therefore, recycling is not included in the calculation. Moreover, each single-family unit is calculated at the Basic Rate regardless of whether they may have multiple recycling or green waste bins. For the purpose of calculating growth, commercial recycling bins are considered to have the same rate as commercial garbage bins with the increase in bins from year to year factored within this formula. For the FY 2020-21 adjustment, the Agreement provides for the calculation to be done based on the actual collection census data as of January 2019 and as of December 2019. The rates used for this comparison are the rates in effect on July 1, 2019. METHODOLOGY USED FOR FISCAL YEAR 2020-21 ANNUAL GARBAGE RATE ADJUSTMENT IN ACCORDANCE WITH AGREEMENT BETWEEN CITY OF DUBLIN AND AMADOR VALLEY INDUSTRIES Report Submitted To: City Council June 16, 2020 Prepared By: Jay Baksa, Assistant Administrative Services Director ATTACHMENT 1 4 The 2019 calculation showed that the “Beginning Calculated Revenue”, or the revenue collected by AVI for all services provided for that month, was $2,189,135 and the “Ending Calculated Revenue” was $2,215,739. This results in an Annual Growth Factor for FY 2020- 21 of 1.22%. [$2,215,739 - $2,189,135 = $26,604; $26,604/$2,189,135 = 0.0122] Application of RRI and AG to Collection Compensation Element The FY 2020-21 Collection Compensation Element as calculated from the Amendment was $12,626,531. In accordance with the Amendment, the total Collection Compensation Element is broken into two amounts. 1) The amount that is to be included as part of the annual rate adjustment $11,786,531 (Adjusted Amount); 2) The amount that will not be adjusted annually and will be set at $840,000 for the term of the Amendment (Set Amount). The Adjusted Amount is first adjusted by the AG Factor [$11,786,531 * (1+.0122) = $11,930,327] and then that total is escalated by the RRI factor. [$11,930,327 * (1 + .0528) = $12,560,247]. The Adjusted Amount is then added to the Set Amount ($12,560,247 +$840,000 = $13,400,248). This amount then flows into the projected total compensation shown in Section 9 of this report. 2. Methodology for Adjusting Commercial Recycling Compensation The City has agreed to provide a compensation amount to AVI for the City’s Commercial Recycling Program. This amount is escalated each year by the RRI factor, which is calculated as described above, and the growth in commercial recycling tonnage. As part of the negotiation of the Amendment, the City and AVI agreed that this element will be reset, in a which a $607,266 credit is applied to the annual compensation amount as described below. The commercial recycling growth is calculated based on the total tonnage at the end of each calendar year over the total tonnage for the previous. In years where the total tonnage has decreased, the growth factor is set at 0%. For Calendar Year 2019, the total recycling tons collected was 3,007.27. In 2018, AVI collected 3,162.94. This results in a decrease of 4.92% (3,007.27 – 3,162.94= -155.67; -155.67 / 3,162.94 = -0.0492). Thus, the Commercial Recycling Growth Factor is 0%, as discussed above, which is added to the RRI factor with the combination of the factors used to inflate the previous year’s Commercial Recycling Program compensation amount (0.0 + 0.0528 = 0.0528; $607,266 * 0.0528 = $32,063; $607,266 + 32,063 =$639,329; $639,329 - $607,266 = $32,063). This amount then flows into the projected total compensation shown in Section 9 of this report. 3. Methodology for Adjusting Rates to Reflect Changes in Landfill / Disposal Costs Landfill disposal costs are established under a separate agreement between the City of Dublin and Waste Management, Inc. AVI is required to use the disposal facility designated by the City. AVI makes the payments for disposal costs and pays the price negotiated by the City under the separate agreement with Waste Management. Since these are expenses incurred by AVI, these costs must also be considered in setting the rates. The landfill METHODOLOGY USED FOR FISCAL YEAR 2020-21 ANNUAL GARBAGE RATE ADJUSTMENT IN ACCORDANCE WITH AGREEMENT BETWEEN CITY OF DUBLIN AND AMADOR VALLEY INDUSTRIES Report Submitted To: City Council June 16, 2020 Prepared By: Jay Baksa, Assistant Administrative Services Director ATTACHMENT 1 5 component has the following two factors that impact the rates: 1) Tip Fee Factor, and 2) Annual Tonnage Factor. Approved Tip Fee (ATF) Factor In FY 2020-21, the cost per ton for landfill fees will increase by $1.25 per ton as provided in the disposal agreement with Waste Management . The increase for disposal is $1.18, and $0.06 is due to increases in governmental fees. Therefore, the total disposal cost for FY 2020-21 will be $42.25 per ton. Of this amount, $19.74 (47% of the per ton fee) is related to regulatory fees and $22.51 reflects the portion paid to Waste Management for landfill services. The portion paid to Waste Management can increase only as provided in a Disposal Agreement between the City and Waste Management. The regulatory fees are levied by other agencies such as StopWaste.Org; County Local Enforcement Authority; California Department of Resources Recycling and Recovery; Household Hazardous Waste Fees; County Business License; etc. This results in an ATF Factor of 2.87%. [2020 Rate = $42.25/ton and 2019 Rate = $41.07/ton → 42.25 – 41.07 = 1.18; 1.18/41.07 = 0.0287]. Annual Tonnage (AT) Factor The tonnage increase for the FY 2020-2021 adjustment is based on disposal reports for the period January 1, 2019 – December 31, 2019 and is the summation of the monthly tonnages over this period. This amount is then compared against the previous year’s disposal tonnage. The total disposal in 2019 was 32,662 tons, and in 2018, it was 31,554 tons. This results in an AT Factor of 3.51%. [32,662-31,554= 1,108; 1,108 / 31,554 = 0.0351]. Application of ATF and AT Factors to Disposal Compensation Element The Landfill Compensation Element was $1,295,959 in 2018. In accordance with the Agreement, this amount is first adjusted by the Annual AT Factor [($1,295,959 * 0.0351 = 45,488) + $1,295,959 = $1,341,447] and then that total is escalated by the ATF factor. [($1,341,447 * 0.0287 = $38,499) + $1,341,447 = $1,379,947]. This amount then flows into the projected total compensation shown in Section 9 of this report. 4. Methodology Addressing Container Compensation Element This element represents the amortized cost of carts and bins over the life of the agreement. The allowed amount is modified by the AG factor. As noted above, this factor was calculated at 1.22% for the FY 2020-21 adjustment. For the FY 2020-21 adjustment, the amount designated for the Container Element was $308,481. Adjusting this amount by the AG Factor, there will be an $3,763 increase in the calculated amount resulting in $312,244 to be recovered from the rates in FY 2020-2021. [$308,481 * (1 + .0122) = $312,244]. METHODOLOGY USED FOR FISCAL YEAR 2020-21 ANNUAL GARBAGE RATE ADJUSTMENT IN ACCORDANCE WITH AGREEMENT BETWEEN CITY OF DUBLIN AND AMADOR VALLEY INDUSTRIES Report Submitted To: City Council June 16, 2020 Prepared By: Jay Baksa, Assistant Administrative Services Director ATTACHMENT 1 6 5. Methodology Addressing the Recyclable Material Diversion Compensation Element Section 5.05.08 of the Amendment prescribes the process for calculating the annual adjustment for the Recyclable Materials Diversion Compensation Element. The City shall calculate the actual tonnage of delivered recyclable material for processing in the prior calendar year by the anticipated per-ton tip fee to be charged during the subsequent Agreement Year Calendar 2019 Recycling Tonnage = 8,480 Anticipated Per-Ton Tip Fee =$150.00 Recyclable Materials Diversion Compensation Element = $1,272,002 This amount then flows into the projected total compensation shown in Section 9 of this report. 6. Methodology Addressing Organic Waste Diversion Compensation Element Section 5.05.09 of the Amendment prescribes the process for calculating the annual adjustment for the Organic Waste Diversion Compensation Element. The City shall calculate the actual tonnage of actual organic waste delivered for processing to an Organic Waste Processing Facility in the prior calendar year by the anticipated per-ton tip fee to be charged during the subsequent Agreement Year Calendar 2019 Recycling Tonnage = 9,470 Anticipated Per-Ton Tip Fee =$37.00 Organic Waste Diversion Compensation Element = $350,399 This amount then flows into the projected total compensation shown in Section 9 of this report. 7. Methodology Addressing Vehicle and Administration Element Section 5.18 of the Amendment states that beginning July 1, 2020 the baseline Vehicle and Administration Asset Element shall be set at $1,595,575. The baseline amount shall not be subject to the annual rate adjustment. The Vehicle and Administration Element can be adjusted, but only under the terms as prescribed under sections 5.18 and 5.18.1 of the Amendment. Vehicle and Administration Baseline Compensation = $1 ,595,575 Sections 5.18/5.18.1 Adjustments = $0 Vehicle and Administration Element $1,595,575 This amount then flows into the projected total compensation shown in Section 9 of this report. METHODOLOGY USED FOR FISCAL YEAR 2020-21 ANNUAL GARBAGE RATE ADJUSTMENT IN ACCORDANCE WITH AGREEMENT BETWEEN CITY OF DUBLIN AND AMADOR VALLEY INDUSTRIES Report Submitted To: City Council June 16, 2020 Prepared By: Jay Baksa, Assistant Administrative Services Director ATTACHMENT 1 7 8. Methodology Addressing Fee Compensation Element As part of the Agreement with the City of Dublin, AVI is required to remit franchise taxes and certain fees to the City of Dublin based on a percentage of its revenue. Therefore, as the company rates go up, the Fee Element must also be adjusted in order to recognize the fees to be paid on the new revenue. The Fee Compensation Element shall equal: 1. (Collection + Commercial Recycling Element + Disposal + Container Elements+ Recyclable Materials + Organic Waste + Vehicle and Administration) = “base compensation” 2. “Base compensation” is divided by (one (1) minus the “Current Fee Percentage”) [Where the “Current Fee Percentage” = 23.35%] 3. Subtract “base compensation” from the obtained value For FY 2020-21, the Fee Compensation Element Calculation is as follows: ($13,400,248+$32,064+$1,379,947+$312,244+1,272,002+$350,399+$1,595,576) = $18,342,480 (base compensation) $18,342,480 / (1- 23.35%) =$18,342,480 / (76.65%) $18,342,480 / 76.65% = $23,930,176 For FY 2020-21, the calculated fees payable to the City are: $23,930,176 – $18,342,480 = $5,587,696 The adjusted total compensation for the Fee Element is shown in Section 6 below. 9. City Process of Developing Rates Projected to Meet Total Compensation Prior to establishing the compensation that will be generated from the rates, an adjustment is made for grant revenues or other agreed upon amounts reducing operating costs. The amount of revenue required from the rates is partially offset by one item: a $48,875 agreed upon amount to reduce the cost of collection services for the Dublin Unified School District; therefore, $48,875 is credited against required revenue in FY 2020-21. The final step in developing the rates is to test the total annual expected revenue to the Company, when the rates are increased by different amounts. It is necessary for the adjustment to be at a level so that the total annual projected compens ation to the Company will equal $23,930,176. The calculation for Fiscal Year 2020-21 is performed using the customer subscription figures as of December 2019. Updated Cost Elements FY 2019-20 FY 2020-21 (Amendment Costs) FY 2020-21 (Proposed Costs) METHODOLOGY USED FOR FISCAL YEAR 2020-21 ANNUAL GARBAGE RATE ADJUSTMENT IN ACCORDANCE WITH AGREEMENT BETWEEN CITY OF DUBLIN AND AMADOR VALLEY INDUSTRIES Report Submitted To: City Council June 16, 2020 Prepared By: Jay Baksa, Assistant Administrative Services Director ATTACHMENT 1 8 Collection Element $10,007,091 $12,626,531 $13,400,248 Commercial Recycling Compensation Element $607,266 $0 $32,064 Disposal Compensation Element $1,295,959 $1,295,959 $1,379,947 Container Compensation Element $272,645 $308,481 $312,244 Extraordinary Adjustment $2,572,716 $0 $0 (NEW) Recycling Disposal Element N/A $1,484,670 $1,272,002 (NEW) Organics Disposal Element N/A $370,659 $350,399 (NEW) Vehicle and Administration Element N/A $1,595,575 $1,595,575 Fee Compensation Element $4,495,043 $5,386,455 $5,587,696 TOTAL $19,250,720 $23,068,330 $23,930,176 Attachment 2 Proposed vs. Current Rates (Selected Service Levels Representing Most Common Subscriptions) COMPARISON OF SELECTED RATES Current (2019/20) vs Proposed (2020/21) Proposed Increase over 2019/2020 Current Proposed Residential -Monthly Rates Rate 2020/2021 $ % Minimum Residential (32) Gallon $28.82 $35.11 $6.29 21.83% 64 Gallon Residential $52.95 $64.50 $11.55 21.81% 96 Gallon Residential $77.07 $93.88 $16.81 21.81% Sample rate categories represent 100% of residential customers Commercial -Monthly Rates 32 Gallon Cart $32.69 $39.82 $7.13 21.81% 64 Gallon Cart $60.03 $73.12 $13.09 21.81% 96 Gallon Cart $87.32 $106.36 $19.04 21.80% 1 Yard - 1 time / wk $139.86 $170.36 $30.50 21.81% 2 Yard - 1 time / wk $279.72 $340.72 $61.00 21.81% 3 Yard - 1 time / wk $419.58 $511.08 $91.50 21.81% 3 Yard - 2 times / wk $873.96 $1,064.55 $190.59 21.81% 4 Yard - 1 Time / wk $559.44 $681.44 $122.00 21.81% 4 Yards - 2 times / wk $1,153.68 $1,405.27 $251.59 21.81% Represents 80% of 2019 commercial customers Drop Box - Rates Per Service 20 Yard Loose $787.00 $958.60 $171.60 21.80% 30 Yard Loose $1,180.50 $1,437.90 $257.40 21.80% 40 Yard Loose $1,574.00 $1,917.20 $343.20 21.80% Represents 84% of 2019 non-compacted Drop Box Subscriptions 30 Yard Compacted $2,361.00 $2,875.80 $514.80 21.80% Represents 15% of the 2019 compacted Drop Box Subscriptions Handy Hauler Available To Residents $182.99 $222.90 $39.91 21.81% TRI-VALLEY RATE COMPARISON2020 Garbage Rate Comparison Survey (Prepared: June 2, 2020)Proposed3 City Dublin % Proposed Current % IncreaseResidentialLivermore Pleasanton San Ramon Average Basic Rate From Avg Rate over Prior FY1 Can Residential (32-35 Gallon) 38.85$ 26.87$ 41.56$ 35.76$ 35.11$ -1.82% 28.82$ 21.83%1 Can Residential (64-70 Gallon) 58.18$ n/a 71.69$ 64.94$ 64.50$ -0.67% 52.95$ 21.81%1 Can Residential (90-96 Gallon) 91.42$ 46.89$ 114.17$ 84.16$ 93.88$ 11.55% 77.07$ 21.81%Residential Notes:Dublin: Basic rate includes 32-gallon garbage can (weekly pick-up);Weekly 64-gallon organics can; Weekly 64-gallon curbside recycling can; lager size and/or additional organic and recycling carts available free upon request; compost give-back and 3 on-call bulky waste clean-ups per year including items such as electronic waste, household batteries, tires, white and brown goods.Livermore: As of July 1, 2019; increases expected July 2020 have been delayed due to COVID-19 - Basic rate includes 32-gallon garbage can (weekly pick-up); Weekly 96-gallon organics can; Weekly 96-gallon curbside recycling can.San Ramon: As of January 1, 2020, Basic rate includes 32-gallon garbage can (weekly pick-up); Weekly 64-gallon green waste can supplied by Company. ; Additional 64-gallon can is available at no extra cost; Weekly 64-gallon curbside recycling can or 96-gallon can available at no extra cost, and 3 special clean-ups per year.Pleasanton: As of July 1, 2019 - 35 Gallon Service includes 35 gallon trash cart, 96 gallon green/food scrap cart and 96 gallon recycling cart. 96 Gallon service inlcudes a 96 gallon trash cart, 96 gallon green/food scrap cart and a 96 gallon recycling cart. Both services have weekly pick up. 3 City Proposed % Proposed Current % IncreaseCommercialLivermore Pleasanton San Ramon Average Dublin From Avg Rate over Prior FY1 Yard - 1 time / wk 116.72$ $120.34 213.81$ 150.29$ 170.36$ 13.35% 139.86$ 21.81%2 Yard - 1 time / wk 233.43$ $240.67 397.13$ 290.41$ 340.72$ 17.32% 279.72$ 21.81%3 Yard - 1 time / wk 350.16$ $361.01 549.82$ 420.33$ 511.08$ 21.59% 419.58$ 21.81%3 Yard - 2 times / wk 729.44$ $752.05 1,099.68$ 860.39$ 1,064.55$ 23.73% 873.96$ 21.81%4 Yard - 1 Time / wk 466.88$ $481.35 671.97$ 540.07$ 681.44$ 26.18% 559.44$ 21.81%4 Yards - 2 times / wk 972.59$ $1,002.74 1,343.96$ 1,106.43$ 1,405.27$ 27.01% 1,153.68$ 21.81%Dublin's charges 50% of the regular commercial rate for Organics and 25% for commercial recyclingSan Ramon's rate does not include the cost of commercial recycling as the amount varies depending on the hauler used.Livermore charges for recycling and organics at 75% of the regular commerical rate. Drop Box20 Yard Loose 702.63$ $647.26 1,395.74$ 915.21$ 958.60$ 4.74% 787.00$ 21.81%30 Yard Loose 1,021.69$ $970.89 1,604.73$ 1,199.10$ 1,437.90$ 19.91% 1,180.50$ 21.81%40 Yard Loose 1,340.76$ $1,294.52 1,813.67$ 1,482.98$ 1,917.20$ 29.28% 1,574.00$ 21.81%30 Yard Compacted 2,707.48$ $1,941.79 2,765.65$ 2,471.64$ 2,875.80$ 16.35% 2,361.00$ 21.81%Livermore rates do not include the cost of disposal/processing, which is assesed after collection. Staff has included an estimate cost with the above for comparisonSan Ramon charges a one ton minimum; Staff has included a probable disposal cost for comparison purposes.Every effort has been made to assure the accuracy of the information and comparison of similar levels of service according to our understanding of other agency rates.Comparison With Proposed RatesATTACHMENT 3 ATTACHMENT 4 1 RESOLUTION NO. XX - 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * AMENDING THE SCHEDULE OF SERVICE RATES FOR INTEGRATED SOLID WASTE SERVICES WHEREAS, the City of Dublin executed a Collection Service Agreement with Amador Valley Industries (AVI) on January 12, 2005, and subsequently executed five amendments to the agreement; and WHEREAS, the Agreement requires the City Council to adopt a rate schedule, which is estimated to produce a specified revenue amount as identifi ed in the Agreement; and WHEREAS, the City Council adopted the initial rate schedule with Resolution 68- 05 at a noticed public hearing on May 3, 2005 and the Agreement provides that the City Council is responsible for establishing all rates; and WHEREAS, on June 16, 2020, the City of Dublin will consider a Sixth Amendment to the Collection Service Agreement (Amendment) with Amador Valley Industries (AVI) extending the Collection Services Agreement for another fifteen years; and WHEREAS, the Amendment will establish AVI’s compensation for the Agreement Year July 1, 2020 through June 30, 2021; and WHEREAS, the City has calculated the required rate adju stment necessary to generate the agreed to compensation for the Agreement Year July 1, 2020 and applied not more than a 21.83% adjustment to the residential, commercial, roll-off, construction and demolition debris, and other collection service rates; and WHEREAS, on June 16, 2020, the City Council conducted a noticed public hearing prior to the adoption of the new rate schedule. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby adopt the Rate Schedule attached heret o, marked Exhibit A and by reference made a part hereof. BE IT FURTHER RESOLVED that, while AVI may not charge a rate for these services in excess of the established rates, nothing shall prohibit AVI from charging a rate less than the established amount. 2 BE IT FURTHER RESOLVED that, upon the effective date, July 1, 2020, this resolution shall supersede all previous resolutions adopting rates for solid waste services, and the rates adopted by this resolution shall continue from year to year. PASSED, APPROVED AND ADOPTED this 16th day of June, 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk Affected Parcels Minimum Monthly Rate : 35.11$ (Rate includes $0.45 retained by City for preparing tax roll / collection.) Residents may select a larger garbage container for an additional fee which is shown below: 64 Gallon Garbage Container:$29.39 per month (Total = 64.50$ per month) 96 Gallon Garbage Container:$58.77 per month (Total = 93.88$ per month) Second Container: Additional Large Item Collection: $ 23.08 32 Gallon Container:$39.82 64 Gallon Container:$73.12 96 Gallon Container:$106.36 Commercial Bin Service Rates 2020/2021 PROPOSED ADJUSTMENT TO GARBAGE COMPANY RATES Chapter 5.32 of the Dublin Municipal Code requires for the protection of the health safety and welfare of the community that all parcels obtain minimum weekly garbage service. Amador Valley Industries, Inc. is the authorized garbage collection and disposal firm operating within the City. The agreement between the City of Dublin and Amador Valley Industries, Inc. provides that the City shall adopt a rate schedule which is estimated to allow the Company to achieve a fixed amount of annual revenue. Therefore, the adoption of these fees will affect all parcel owners. Rates are effective July 1, 2020. Basis of Fees The City has negotiated a multi-year agreement with Amador Valley Industries, Inc. The Company may request a change in rates based upon a formula which includes: changes in the Refuse Rate Index; Increased Regulatory Fees; and changes in the total tons delivered to the Landfill. In addition the Company may under specifc criteria request an extraordinary adjustment. The additional costs of each of these components has been allocated to the three classes of service: Residential; Commercial Bin Service; and Drop Box/Compactor. per Cubic Yard Rates shown on the following page are monthly rates based upon bin size and frequency of service. Rates include collection, disposal, and bin rental. Residents may request additional large item collection services for a fee of : RESIDENTIAL RATES Commercial Can Service: Offered at locations unable to accommodate a commercial bin or with volumes deemed insufficient to utilize a commercial bin. Monthly rate includes bin rental and once per week collection and disposal. Company Minimum Residential Collection Rate : Applies separately to each single family unit as well as each unit within a duplex or other attached housing, which receives individual garbage collection services. The rate applies to the initial 32 gallons of garbage capacity, including once per week collection and disposal; Weekly Curbside Residential Recycling; and Weekly Curbside Green Waste Recycling; Large Item Collection Service; and access to an Annual HHW drop-off event. All containers are provided by the Company . COMMERCIAL AND MULTI-FAMILY BIN SERVICES (FRONT-END-LOADER) Minimum Cost Plus Minimum Cost Plus Residents may request a second garbage container which will be charged at the same rate as a first container based on the size requested. Attachment 5 - Rate Resolution Exhibit A Size # Times Size # Times # Yards Per Wk # Yards Per Wk 11 41 12 42 13 43 14 44 15 45 16 46 21 61 22 62 23 63 24 64 25 65 26 66 31 71 32 72 33 73 34 74 35 75 36 76 OTHER COMMERCIAL SERVICES: Rates for additional requested services. Container Push:15.52$ Lock & Key:9.32$ Excess Waste (Cu. Yd):50.86$ per Cubic Yard Excess Cart Exchange:15.52$ Excess Bin Exchange:62.00$ Excess Bin Cleaning:77.45$ $222.90 Additional Bin Rental Per Week: $51.50 Per Week $161.59 Per Pick-up Excess Per Yard If Filled Above Water Level $50.86 Per Cubic Yard Rate Per Cubic Yard: $47.93 Compacted: $95.86 Organic material is charged at 50% of the non-compacted or compacted rate as appropriate. MISCELLANEOUS DROP BOX CHARGES Relocation of Drop Box $131.75 Per Request Weekly Drop Box Container Rental - After 1st Week $51.50 Per Week Cancel Auto Pick-up Without Notice $165.97 Per Event Handy Hauler Extra Week Rental $51.50 Per Week Standby Time $216.32 Per Hour Base Monthly Rate Base Monthly Rate $170.36 $681.44 DROP BOX / COMPACTOR RATES: Cost shown is on a per pick-up basis and is based upon the load not exceeding water level (Excess is charged the same rate). Additional Miscellaneous charges may also apply. $808.61 $1,021.36 Cost For Additional Dump: SMALL COMPACTOR SERVICE: Rates for small compactors serviced as a commercial account on a regular route shall be billed by container size at the rate of two times the stated rate above for loose garbage. $2,256.27 $3,278.43 Non-Compacted: HANDY HAULER:- One-time placement and collection of a 4 cubic yard bin, including one week container rental filled no higher than water level: $7,367.07 $2,427.43 $3,662.34 $4,897.25 $6,132.16 Organic material is charged at 50% of the Commercial Service rate. Recycled Material is charged at 25% of the Commercial Service rate. $383.11 $595.86 $2,171.49 $2,724.96 $1,064.55 $1,618.02 $1,234.11 $340.72 $723.83 $1,405.27 $2,129.10 $2,852.93 $3,576.76 $4,300.59 $511.08 $1,022.16 $2,086.71 $3,151.26 $4,215.81 $1,106.94 $1,490.05 $1,873.16 $5,280.36 $6,344.91 $1,192.52 Attachment 5 - Rate Resolution Exhibit A C&D Debris Box Service: Costs shown are on a per pick-up basis Material Type Cubic Yards Rate Material Type Cubic Yards Rate Concrete & Asphalt Front End Loader Per Yard Clean $110.25 Per Yard $43.27 Clean 6 $661.50 Mixed 4 (1/2 Full) $86.54 Mixed 6 $791.72 Mixed 4 $173.08 Mixed 6 (1/2 Full) $129.81 Cardboard Mixed 6 $259.62 Per Yard Clean $22.05 Mixed 7 (1/2 Full) $151.45 Clean 20 $441.00 Clean 30 $661.50 Metal Clean 40 $882.00 Metal 20 $514.42 Metal 30 $587.92 Dirt Metal 40 $734.92 Clean 6 $661.14 Mixed 6 $791.72 Stucco Per Yard Clean $110.25 Drywall Clean 6 $661.50 Per Yard Clean $52.77 Mixed 6 $791.72 Clean 20 $1,055.40 Mixed C&D Wood Per Yard $45.57 Per Yard Clean $22.05 Mixed 15 $683.55 Clean 20 $441.00 Mixed 20 $911.40 Clean 30 $661.50 Mixed 30 $1,367.10 Clean 40 $882.00 Mixed 40 $1,822.80 CONSTRUCTION & DEMOLITION (C&D) DEBRIS BOX SERVICES Attachment 5 - Rate Resolution Exhibit A ATTACHMENT 6 1 RESOLUTION NO. XX - 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * APPROVING AND ESTABLISHING THE COLLECTION OF MINIMUM RESIDENTIAL GARBAGE AND RECYCLING SERVICE FEES FOR FISCAL YEAR 2020-21 WHEREAS, the City of Dublin is mandated by the State of California, under AB 939 and SB 1016, to reduce the amount of solid waste going into the landfill; and WHEREAS, through the Mandatory Garbage Subscription Ordinance and other means, the City of Dublin is taking a proactive stance to meet the State Mandated Goals; and WHEREAS, the goal of the Mandatory Garbage Subscription Ordinance is to protect the health and welfare of the community, to provide recycling services to all residential property owners, and to equally share the costs of these programs by mandating that every residence contributes towards the cost of the service made available; and WHEREAS, minimum service includes service described in the current Agreement with the franchised waste hauler, Amador Valley Industries (AVI); and WHEREAS, in accordance with California Constitution Article XIII C (Proposition 218) Section 6 (2), the City provided written notice to all affected property owners on March 18, 2005 prior to adopting the Fiscal Year 2005-06 rate structure which included a provision for future increases based on changes in specified indices as outlined in the agreement with AVI; and WHEREAS, the City Council has considered this action as part of a noticed public hearing on June 16, 2020; and NOW, THEREFORE, BE IT RESOLVED that, the City Council of the City of Dublin does hereby approve and establish the collection of minimum residential services fees by the City on the property tax bill as shown in Exhibit A, which is attached hereto and hereby incorporated by reference. BE IT FURTHER RESOLVED that City Staff are hereby authorized to undertake all administrative tasks to implement the assessments, including, but not limited to an agreement with Alameda County for collection, which may provide payment to Alameda County of its reasonable costs of collection not to exceed 1.7% of the total amount levied. 2 PASSED, APPROVED AND ADOPTED this 16th day of June, 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk Exhibit A 3 City of Dublin RESIDENTIAL MINIMUM GARBAGE / RECYCLING SERVICES (Collected With Residential Property Tax Bills) Basis of Fees The City has negotiated a multi-year agreement with Amador Valley Industries (AVI) requiring a rate adjustment to the residential minimum garbage/recycling services collected with the property tax bills. The current annual fee of $345.84 per year will increase $75.48 for a total of $421.32 for Fiscal Year 2020-2021. The annual assessment equates to a monthly increase of $6.29, from $28.82 to $35.11. The Amended and Restated Agreement with AVI sets the compensation for the Agreement Year that begins July 1, 2020 and provides for annual adjustments to the rates based upon annual changes in five separate indices, three of which are maintained by the Bureau of Labor Statistics (Refuse Rate Index), plus pass-through disposal costs, for waste, recyclables and organics. The five indices account for cost changes in the following categories: growth in services; labor; vehicle replacement; vehicle maintenance; and all other costs. In addition, the Agreement allows for a third-party administrator to review costs and revenue every three years to confirm reasonableness and to ensure that an industry standard level of operating margin in being maintained by AVI. In order to determine the fee, the City estimates the total revenue required to pa y AVI for the Minimum Service to all residential units that are eligible to use the service, according to the terms of the agreement. The specific factors considered in this calculation include the following components: the residential rate for Minimum Service; estimated number of housing units affected by the fee; costs associated with the collection of the fee as part of the Property Tax Bill; estimated delinquencies; estimated revenues from late payments and interest earnings; and funds available from co llections in a prior year. Affected Parcels Chapter 5.32 of the Dublin Municipal Code requires the protection of the health, safety, and welfare of the community by requiring that all parcels obtain minimum weekly garbage service. Residential housing units are billed for the cost of Minimum Garbage Service, which is included with the annual property tax bill. This fee only applies to residential units which have individual garbage containers and are not serviced by central bins. This does include duplexes and other attached housing types, which receive individual service. Households subject to this fee, which only receive Minimum Service, will not be billed by the Garbage Company. Amador Valley industries will bill customers each quarter for additional services, if a household selects weekly garbage collection of a container larger than the 32-gallon container included in the Minimum Service Level. Services Provided By the Fee 4 Minimum service includes weekly curbside collection of: one 32 gallon garbage container; up to two 96 gallon organic waste carts; up to two 96 gallon recycling carts; used oil and filters; an annual household hazardous waste drop off event; and three on - call bulky waste pick-ups per year. Amount of the Fee The annual amount of the assessment includes the cost of collection as well as the cost of services over the entire year. The City makes the payment to Amador Valley Industries based upon the current rate allowed for Minimum Residential Service. TYPE OF HOUSING UNIT ANNUAL FEE Each Single Family Residence $ 421.32 Each Condominium / Townhouse Unit $ 421.32 Each Duplex (2 Units) $ 842.64 Each Duplex (5 or More Units) $421.32 times the number of units