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HomeMy WebLinkAbout6.3 AssessGarb/RecyclSvs .. - CITY CLERK File # D~[Z]~-[3]lQ] . CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 25, 1997 SUBJECT ,.JU Public Hearing: Assessment Basic GarbagelRecycling Services ~- (prepared by: Paul S. Rankin, Assistant City Manager) 1) Written Protests Received As of June 17, 1997 2) Resolution Adopting 1997/98 Assessment EXHIBITS ATTACHED RECOMMENDATION : V 1) Open the Public Hearing. 2) Receive the Staff Report and public testimony. 3) Close the public hearing and deliberate. 4) Detennine the number of any additional written protests received for the record. S)Adopt Resolution and direct staff to prepare the necessary reports to the Alameda County Tax Collector. FINANCIAL STATEMENT: An annual fee is collected on the Property tax bill for the cost of Basic Residential Garbage Service. The proposed 1997/98 annual Assessment is $114.90 per household. DESCRIPTION The City has been providing the current mandatory residential garbage and recycling services since July 1, 1993. The program was initially implemented to recognize the fact that the entire conununity benefits by assuring that basic garbage and recycling services are . provided to residential units on a weekly basis. The annual cost. of the services is collected on the Property Tax Bill and the City pays the Garbage Company twice each year. Customers who request services beyond the Basic service are billed directly by Livermore Dublin Disposal. Each year the City Council must establish an assessment based upon available revenues from prior years and the authorized service rates to be paid to Livermore Dublin Disposal. SERVICES PROVIDED The following table describes the services which are provided under the basic garbage service agreement: BASIC RESIDENTIAL GARBAGE SERVICES SERVICE DESCRIPTION Garbage CollectionlDisposal (1) 3S gallon Company Provided Can Curbside / Semi- Automated Service Curbside Recycling Weekly collection of Newspaper, Mixed Paper/Junk Mail, Aluminum, tin, glass, aseptic cartons, and narrow neck plastic containers. Separate Green Waste Recycling 64 Gallon Company Provided Container Collected Weekly . Special Clean-ups 3 Special Saturday Clean-ups ------------------------------------------------------------------- COPIES TO: Desi Reno, General Manager LDD 6.'7 ITEM NO. .. In addition to the direct program costs the City must consider other factors which affect the total amount to be collected on the Property Tax. These costs include: a contract computer service which prepares the magnetic tapes to be provided to the tax collector prior to August 1 st; Alameda County Collection costs which are 1.7% of the total fees levied; estimated delinquencies for properties which are not current on . their property tax payments; and an estimate of surplus funds which may be available from collections made in the prior year. 1997/98 PROPOSED ANNUAL ASSESSMENT FACTORS For the upcoming Fiscal Year Staff is proposing an increase in the annual assessment from $112.60 to $114.90. This represents an increase of approximately 2.0% over the assessment levied for 1996/97. The rate developed also assumes that the City will contribute $79,000 in Measure D Funds to offset the cost of residential recycling services offered to both single family and multi-family households. The following are the historical per household assessments levied: Historical Annual Fee For Minimum Garbage Service 1993/1994 $ 110.22 1994/1995 $ 104.30 1995/1996 $ 121.30 1996/1997 $ 112.60 Proposed 1997/98 $ 114.90 As shown above, the proposed 1997/98 rate continues to be less than the rate levied in Fiscal Year 1995- 96. The proposed fee for Fiscal Year 1997/98 is $114.90, which equates to approximately $9.58 per month. The monthly equivalent is slightly less than the $9.80 rate the City will need to pay the Company. The difference is due to an expectation that funds will be unspent as of June 30, 1997, and can be applied against the 1997/98 costs. The proposed rate takes into account an estimated Fund Balance at June 30, 1997 of $28,610. The rate assumes delinquencies will only be 2.06% of the amount levied. It should be noted that any prior year collections and penalties collected by the Tax Collector are also allocated to this Fund. Therefore, the rate payers eventually do not bear the full impact of delinquencies. . COMPARATIVE RATES Staff has conducted a survey of rates charged in neighboring cities. For comparison purposes both the rate the Company will collect from the City of Du\>lin as well as the monthly equivalent of the annual assessment has been shown. TRI-V ALLEY RESIDENTIAL GARBAGE RATE COMPARISON Residential 1 Can Residential (32-35) Gallon Dublin Dublin FY 97-98 Proposed Annual Assmt. 3 City Disposal Co. Divided By Livermore Pleasanton San Ramon Average 97-98 Rate 12 Months $ 9.64 $ 18.00 $ 1 1.50 $ 13.05 $ 9.80 S 9.58 Note: Livermore Rates are subject to change 711/97 amount of increase has not been detennined. Livermore and Pleasanton Residential Green Waste is only Bi-Weekly. The City of Dublin service levels are in most cases comparable, and in some cases better than the survey . cities. For example, Livermore and Pleasanton offer Residential Green Waste collection only every other week. Therefore, the City of Dublin residential subscribers receive more recycling services in comparison to these two agencies. The proposed City of Dublin rates are less than the average of the agencies surveyed. It should be noted that the City of Livermore is expected to consider a rate increase, however the amount of the increase had not been determine4 at the time the Staff report was prepared. 4 . REQUIREMENTS UNDER PROPOSITION 218 The adoption of the 1997/98 Assessment has been modified from the process used in prior years to account for the requirements contained in Proposition 218, which was approved by the voters in November of 1996. The adoption or increase in property related fees which are refuse service fees, requires a 45 day notice to the parcel owners. In order to minhni7.e costs copies of the Residential Notice were included with the a public notice on all Garbage Rates and Storm Water Refuse Fees. The notice was mailed to all 7,856 parcel owners on May 9, 1997. There are approximately 5,785 residential units which are covered by the basic residential garbage program. Proposition 218 has very specific criteria which must be considered prior to the adoption of this fee. Specifically Section 6(2) Property Related Fees and Charges - states the following: The agency shall conduct a public hearing upon the proposed fee or charge no~ less than 45 days after mailing the notice of the proposed fee or charge to the record property owners of each identified parcel upon which the fee or charge is proposed for imposition. At the public hearing, _ the agency shall consider all protests against the proposed fee or charge. If the written protests against the fee or charge are presented by a majority of own~ of the identified parcels, the agency shall not impose the fee or charge. Based upon the number of affected parcels the City would need to receive over 2,893 written protests in order to have a majority protest. At the time the Staff report was prepared the. City had received a total of 8 protests from three property owners. (Exhibit 1) One of the protests was from an owner of three single family homes and one protest was from an owner owns four single family homes. The third owner who submitted a protest was the owner of a single residence. . Included in the comments on the protests is a suggestion that the person at the address be charged for the service. It is important to note that the Basic Service is the minimum service level available. If a resident needs additional service they are billed directly by the Company. The provision of a standard service l~vel to the entire community assures that basic minimum garbage and recycling services are provided. In addition, all households are contributing towards the cost of the Special Clean-ups. One owner also suggested that the costs should be less due to the Company receiving all fees from the City. The resident was incorrect in suggesting that there would be less cost with mailing since the Company still mails information on a quarterly basis to all customers. As previously noted the ann1.1al assessment is actually proposed to. be less than the amount the City will pay to the Company and the Dublin rates are favorable when compared to the surrounding cities. RECOMMEND A TION Attached to the Staff Report is a Resolution (Exhibit 2), which will establish the 1997/98 Assessment. The resolution includes levies for duplex units which are twice the rate for a single family home. Those townhouse units which have individual service are charged at the same rate as a single family residence. Staff recommends that the City Council conduct a Public Hearing and update the calculation of any additional written protests received. Following the public Hearing Staff would recommend that the City Council deliberate and adopt the Resolution. . - . EXHIBIT 1 ~ . . WRITTEN PROTESTS RECEIVED AS OF JlJNE 17, 1997 REGARDING 1997 ADJUSTMENT TO FY 1997-98 ANNUAL ASSESSMENT FOR RESIDENTIAL BASIC GARBAGE & RECYCLING SERVICES I . -~i': /~i:' Ii;! C;r, C~rt .\.!; t . I . ~ ~ 1:: ..C. T7 of Dv It'" I; j_ L! fa.. .,gvf_ ;13'-{0 :,: b~ Ji'" . Qv, ._..;., tAt 9'(~ 8 I: I T ...... ~5;;l.-=t- L..~{..{"~ ~/(4n RECEIVED MAY 13,1997 .. C1TY OF DUBLIN L ~ ; !I! I.: niL II: . vel {. f=:. hi - . ..r - ._C...~':' ;;\_, ~ (.J.I~~l 10 /'",Q t.cr -rlat' Res;~",1i~( /71,cA;..n~~ ;;j bf'/,b",,?,, / &"/'''!7 ~:"".s Ill"'.! d. ST",.m pJ,,; ler ,~r-.:. L{,lplv..s<: ~,,{~&n~11 '\. _ Do /1"r o-Lryt:' d~ "ttNt: ({efIt'\S (0 'I :J - J , 'i "")' r"l'er f {;"- 8; 1(. cf" 'it!' p,~", ,f."Jf To tie ~f'r.$";'/. _;9i ' d~ . .tlL),e&.s ;~~7 serve'!. J. 'I, I . !{ E.... ~ rc~ /# 9''f'''' g 5 - ("2./ ,Alire s ~ :1:?il71.-rJ "!.fg:f:~.? -~.::~-'::~~ -. .-..-...... i i ----.- .,. _n_:......... ----, iil i'- -. i I . - ! - -'111------'--'-'" ,- . .----,rr- -- ---- . 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T-=fI'5' ~a.\~~t 5frz./'l7 RECEIVED MAY 131997 C\n' Uf uutjLlN K ~.~ ~ re.~/ 1t ,,,,- /-'1,.. f; fJJJre$:Jo : "71C s":.'c,, rdi j',; ~ Sf. \''- 1 --- ----.-.--~ I' ~ . _.._~ _.~.~.. . -' . . -.---- 't --..------. - .---...---.-. . "Ii'~' ,., . . , ~ ','''''.' ,. , ~>:~:;.;::>~:i..... :.: . .: . . . ' ..:' "', . -..,: ' .: .1,"" I . . . .... :'~?.~:~~.I:J:::.~:'.'.~ '. . ) - - II! ~111' ~ Iii C;T.; cierI. "1-335 ~e.J.+oJ~~5/t4~E7C IIi / \l H E1VED , 111 .c ."-r:l of Dv~ (;.... , 11!..~O' ,154.. ;J3Vo..'I, 't- j j [I ... Q ~ ~_I; "1. tAl 'l 'f ~ 8 I, I - I 11 . j d. ....m_ . II 11""n' h L' ii -'. ~e!J.r - .C._e~F- Ill,' ~ tP~;5f 10 I'....Dt;~r /I.t' f't!!s;~"Ti"l jY//",'At"'n1o J;f&".../t"",J'''' / R~'ycj.7 ..$.9r.J.'.....s r{".f d, .>7",-,.. tV./ tel' 4--- ~.;{ L#Iv..$< ~O{t..r.n06f)) . Do Acr 0't".'Y~ .,ip "t,..l(! ;~.s r;. il\ /'hI }'r"fJery $1( &; (( . Cl,,'l~ rknL '/;,.,e ry To de. 11\ fer... ~" '" 1 . rf... ,4 ,/./,,, c.s j.<i: ~ '7 - oS e rue.l · -111- ---- - .. -'-i:l-- n_ .,..- 1:1 P. . m---- 11~, _m__~__.. II . lll--.-" ...._- ___m - -----4tt------. HI . ,.,_1~~~-~- _ ___.__. _ _...._. ___._... Iii II! MAY 1 3 1997 . CITY ()r LJUtsLIN t{~: ~ rc~ f. -# 9,-/1- 11' -Y; '1 ;JJJrll! s'> :;r133$'..:./2".,( Ie;; Vij . C (" /' \; -' '..J (~~-~('~ (7"_, \ , I .,:' .~~ G ",,.,~ ,:\" \,. . ' . /J .. --." .-.....- / F. ~.?:;.., .:r: (( wy .' C4!_~~ d/~ _ {kt , YS~' fine. ~:s 7" f.o'( y . -' .. ---~I..... -. . .. ' .. '.. " . ._'~. I . '. ..~, ... l .': 1.( . LAW OmCES OF TIMOTHY M. HYDEN . , RECEIVED.~' ~,.... '1Jj) . MAY 151997 .~' : ", (;11 Y UI- DUBLIN FACSIMILE (510) 881-8488 TIm CENTERPOINf BUILDING 18 CROW CANYON COURT. SUITE 8BO SAN RAMON, CALIFORNIA. 946BS TELEPHONE (510) 831-0636 May 13, 1997 City of Dublin Attention: City Council P.O. Box 2340 Dublin, California 94568 Re: City Council Meeting June 25, 1997 Residential Minimum Garbage/Recycling Services and Property Tax Bills . Dear City Council: I am the owner of real property located at 7884 Tamarack Drive~ Dublin, California, APN No. 941-0176-028-00. Pursuant to Proposition 218 please consider this a written protest for the following fees: 1. Garbage Company rates; 2. ResidentialMi_~imum Garb~gelRecycling Services. I vehemently oppose any increase ~f the above-referenced fees. Very Truly Yours, '- ~ .~ Timothy M. Hyden - TMH:jmlm . ~. . JMLDS1397C:\U1\HYDEN\MISC\CITYC0.513 '~''''''-~~~''-'f:''''''",,__..- ,. a....- , .. 5/14/97 'RECEIVED MAY 1 9 1997 · CITY Ur- UUDL1N Attn. City Clerk City of Dublin Post Office Box 2340 . Dublin CA 94568 Dear City Clerk: This letter will confirm that my wife and I are AGAINST any raise in rates for the following fees: 1. Garbage Company Rates 2. Residential Minimum Garbage/Recyc1ing Services Our address is 11334 Village View Court, Dublin CA 94568 Po.rc.t.\~ &~ parcels eff~e~~;777_040_~() 1:{b'4Vinage Vie~ ~~~ (iot)':" ~ \l~ '-en- 941-2772-039-01 11334 Village View Court (res) L{ 1'GSU-\s. 941-0172-059-00 c 7569 Oxbow Lane S ~ ~~ e.e:k To 941-0171-047-00 7689 Hillrose Drive ~a.b\c. G,A..~\'~ ~~ 941-0172-060-00 ',7581 Oxbow Lane 'F~e... The fees went up when we converted from monthly billing to a yearly billing into the tax bill several years ago and again when we converted to the automated system. The garbage CO~Pl;lIlY gets their. m,?ney automatically because the fees are collected in the tax bill. Therefore their costs have gone down in expenses like: billing, postage, collections, etc. The service is already expensive and I don't see any justification to increase these fees. Please count our votes against these proposed raises. '. Yours truly, ' .,b'~[)~ .~~ '" t I , ." , .. ' ... . \.. ~ "; ~.'...,' ~ ... d ".:' _~ .L~' '. . :' '. ~ . \ ". . Kevin Dielissen ., .... -, "" .,.... . Donna Dielissen dated 5/14/97 '. ,'." : .1 j' ' ' . b .. " .. RESOLUTION NO. - 97 . 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 1997-98 WHEREAS, the City of Dublin is mandated by the State of California, under AB 939, to reduce the amount of solid waste going into the landfill; and WHEREAS, through the Mandatory Garbage Qrdinance 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 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; Livermore Dublin Disposal; and WHEREAS, in accordance with California Constitution Article xm C (proposition 218) Section 6 (2) the City has provided written notice to all affected property owners at least 45 days prior to holding a public hearing; and . WHEREAS, the City received a total of_written protests to the adoption of the fee, which was not Ii sufficient number to represent a majority of the affected property owners; and WHEREAS, the City Council has considered this action as part of a noticed public hearing on June 25, 1997. 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 the attached Exhibit A, attached hereto and by reference made a part of. BE IT FURTHER RESOLVED that the 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. PASSED, APPROVED AND ADOPTED this 25th day of June, 1997. AYES: NOES: ABSENT: ABSTAIN: . ATTEST: Mayor ? City Clerk EXHIBIT 2 " EXHIBIT A . CITY OF DUBLIN CALCULATION OF ASSESSMENT FOR MlNIMUM RESIDENTIAL GARBAGE SERVICE Purpose of Fee: The purpose of the fee is to provide a basic level of garbage and recycling services to all Tesidences which receive individual garbage service. 'This includes certain programs and services necessary to comply with the California Integrated Waste Management Act of 1989 (AB 939). Provision of the basic service level on a City-wide basis protects the health, safety and welfare of the community. Allocation: The cost of this program and the method of allocating the cost among all residential properties offered such services shall be as set forth herein Use of Fees: The fees collected pursuant to this program shall be used to pay for minimum residential garbage collection and recycling services and associated administrative costs. The amount to be raised through the collection of the Minimum Garbage Fee . for Fiscal Year 1997-98 does not exceed the estimated total cost of the services and related expenses as described in the Staff Report presented at the June 25, 1997 Public Hearing before the Dublin City Council. Limitations: Method To Be Used To Calculate the Minimum Garbage Service Fees For Different Land Uses General: The fee shall only apply to residential properties which receive individual garbage collection and disposal and are not serviced by a centralized commercial dumpster. The fee assessed for Fiscal Year 1997-98 (July 1, 1997 ~ June 30, 1998), shall be as follows: Land Use Fee Assessed Each Single Family Residence Each Duplex (2 units) Each Duplex (5 or more units) Each CondominiumfTownhome Unit (Excludes units serviced by centralized dumpsters) 1 $ 114.90 $ 229.80 $ 1,378.80 $ 114.90 .