HomeMy WebLinkAbout8.1 Expenditure Plan Measure D Funds CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 26, 1992
SUBJECT: Proposed Plan for Expenditure of Measure D Funds
(Prepared by: Paul S. Rankin, Assistant City
Manager)
EXHIBITS ATTACHED: 1 . Analysis of Measure D Funds Available
2. Proposal by Alameda County Home Composting
for Bin Subsidies
3. Summary of Proposed Measure D Spending Plan
RECOMMENDATION: 1 ) Consider Proposed Expenditure Plan and
provide any recommended adjustments or
\" modifications.
2) Authorize necessary Budget Change and
additional appropriation.
3) Direct Staff to prepare any necessary
contracts to implement the expenditure.
FINANCIAL STATEMENT: The City of Dublin is anticipated to have
approximately $80,000 in unappropriated Measure D
Funds. The proposed expenditure plan includes a
rebate for single family customers of $8.04.
Additional monies are proposed to be expended on
programs benefiting multi-family and commercial
sectors.
DESCRIPTION: The City Council goals and objectives provide for
a report to the Council on the proposed use of Measure D funds. The County
Waste Management Authority has requested that each recipient agency file
information to identify that the funds will be expended in accordance with
the final judgement. Staff has prepared a proposed plan for consideration
by the City Council. The plan must be filed before the end of this fiscal
year.
Background
In November of 1990, a majority of the voters of Alameda County approved
Measure D: Alameda County Waste Reduction and Recycling Initiative. The
Measure was considered as an amendment to the County Charter, and imposed a
$6.00 per ton surcharge on garbage disposed of in Alameda County. On
January 3, 1991 the City of Dublin filed a lawsuit to invalidate the
Measure on several legal grounds. The County began the collection of the
landfill fee beginning March 20, 1991 .
On August 16, 1991 the litigants received a preliminary ruling from the
Superior Court. The legal decision declared the surcharge illegal and
found that the collection should be discontinued. The final ruling was
signed by the judge on November 6, 1991 and collection of the fee was
discontinued beginning on November 7, 1991 . The matter was subsequently
appealed and is now pending before the State Appeals Court.
Disposition of Funds Already Collected
One of the documents negotiated between the parties was a stipulation
agreement which was entered into at the time of the final judgment signed
by the Superior Court. This document identifies how fees collected between
March and November would be distributed. This stipulation provided for the
following actions to be carried out:
1 . The $6.00 per ton fee would not be collected during the time that an
appeal is pending. (An appeal was subsequently filed by the Sierra
Club) .
2. Monies collected .thus far plus any interest earnings were subject to
the following distribution:
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COPIES TO: Dan Borges, Livermore Dublin
Disposal
ITEM NO. CITY CLER K
IIIG A � ) .:; n I
a) Monies were to be set aside for the value of claims by those
private entities which paid more that $20 in Measure D
surcharges. (A claims process was contained in the final
judgement. ) These claims are subject to their proportionate
share of administrative costs.
b) A total of $250, 000 was set aside to pay attorney's fees and
costs after the resolution of any appeal. The City of Dublin,
City of Pleasanton, and Oro Loma Sanitary District waived any
claim in the event that the trial court judgement is reversed in
its entirety.
c) The County and Alameda County Waste Management Authority were
entitled to recovery of costs pursuant to the judgement.
d) Alameda County Waste Management Authority was reimbursed
$19,871 .52 for expenses incurred on behalf of the Measure D
Recycling Board, prior to invalidation of the Measure.
e) The remainder of the monies were distributed to the agencies
which had waste subject to Measure D surcharges. The use of
these monies is restricted for recycling and source reduction
activities.
This stipulation provided for a process in which all parties agreed that
the surcharge would stop until the courts have made a final ruling. It
also set up a process for the use of funds already collected, provided that
they were expended on source reduction and/or recycling. Staff is
requesting City Council approval of a proposed plan to expend the City of
Dublin share of Measure D Funds.
Amount of Funds Available
The total fees collected by the County between March 20, 1991 and
November 6, 1991 was approximately $5.5 million. The County received a
total of $739, 611 in claims which were deemed to be valid. These were from
private users who paid more than $20 in surcharges. These monies will be
retained by the County until the final ruling. The intent is to avoid a
situation whereby the private company could benefit in the event that the
court rules that the monies were legally collected form the programs
contained in Measure D.
After deducting expenses and the other stipulated amounts, the County had
approximately $4.6 million to distribute to the appropriate local agencies.
A significant portion was distributed in June of 1992. The Authority
retained $300, 000 in the event that there were valid protests to any
private claims which were denied. This amount plus accrued interest and
less any approved claim which was previously rejected are to be distributed
following a six-month waiting period. This waiting period expires November
15, 1992. The total amount available to the City of Dublin is estimated at
$124,007. (See Exhibit 1 )
Unappropriated Measure D Funds
As shown in Exhibit 1 , the City Council has already appropriated $43,329 in
Measure D funds as part of the 1992/93 budget process. The City Manager's
Staff is responsible for administration and implementation of various
recycling and source reduction activities. Therefore, a portion of the
Assistant City Manager and Management Assistant positions are funded in
1992-93 with these funds. Various services and supplies which are
attributable to these programs are also proposed to be funded with these
funds.
Exhibit 1 identifies a total of $15, 000 in Consultant Services which were
included in the 1992/93 budget. It was anticipated that in accordance with
the City's Source Reduction and Recycling Element (SRRE) , Staff would need
consultant services to undertake the following projects:
1 . Identify selected large commercial waste generators willing to
participate in an audit of their waste stream, to identify potential
for recycling which would reduce garbage hauled to the landfill.
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2. Use of a Consultant to identify means of implementing a commercial
recycling program. This includes identification of commodities to
target and addressing issues related to franchising the service versus
open competition. (This was also previously identified in the City
Council goals and objectives. )
As shown in Exhibit 1 , after deducting the 1992-93 appropriations, funds
remain available for additional activities. The estimated amount available
is $80, 679, which must be addressed in a proposed expenditure plan to meet
the requirements of the Waste Management Authority.
Options Available
It is important to consider that these special funds represent a one-time
opportunity to fund recycling and source reduction activities. Although a
portion of the funds are appropriated for operating expenses in 1992-93,
they will not be available on an on-going basis.
As previously indicated in reports on Waste Management activities, the City
Council may need to consider in the future whether a mechanism needs to be
developed to recover on-going costs of administering waste management
programs mandated by State law. This need was identified at the time that
the City Council adopted the SRRE, which contains significant requirements
to monitor and account for waste management activities through an
integrated system. This issue may become more clear when garbage rates are
addressed in the coming months. At that time, Staff will attempt to
identify options to recover costs on an on-going basis.
Staff has evaluated options available to expend the remaining funds on
Recycling and/or Source Reduction eligible activities. In considering the
available options, Staff attempted to identify opportunities in each
sector, with an emphasis on one-time activities.
Curbside Recycling Program Rebate - Staff has discussed with
Livermore/Dublin Disposal (LDD) the potential to rebate to single
family residences, monies which would underwrite the recycling portion
of their garbage bill. Staff would recommend a one-time rebate in
lieu of artificially reducing the cost over a long period of time.
The concern results from the consumer response at the time these funds
are exhausted and they are billed for the true cost.
LDD advises that there are currently approximately 5, 320 accounts
subject to the curbside program. The following indicates the total
cost of providing a rebate at various levels:
1992 Portion of Quarterly Service Attributable $ 3.90
to Recycling
Total Cost if Applied to 5,320 Accounts $ 20,748
Estimated Portion of 1993 Quarterly Service
Attributable to Recycling $ 4.02
Total Cost if Applied to 5,320 Accounts $ 21 , 386
Staff would recommend a rebate equivalent to two quarters 1993 portion
of the service attributable to curbside recycling. This doubles the
amount shown above and totals approximately $42,800. This amounts to
$8.04 per residential account. It is recommended that Staff be
directed to work with Livermore Dublin Disposal to carry out the
administrative details necessary to implement the rebate. It is
anticipated that the billing will include a special insert explaining
the reason for the rebate.
County Home Composting Bin Subsidy Program - The County Home
Composting program has implemented a bin subsidy program (see Exhibit
2) . The program would offer Dublin residents an opportunity to
purchase a composting bin at a reduced price. Bins which retail for
approximately $100 each would be sold for $25 plus a $5 shipping fee.
The City has been requested to contribute $5, 000. Monies collected
from each agency are being leveraged with a grant from the Waste
Management Authority. The project would result in distribution of 275
bins to Dublin residents at a reduced cost. The primary purpose of
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the program is to expand participation in the home composting program.
The bins are designed for yard waste only and would not be used for
food waste.
Grant to Underwrite Expense for Multi-Family Recycling Program - In a
separate item, Staff will be requesting direction from the City,
Council on implementation of a multi-family recycling program. One of
the costs of such a program is the capital cost of obtaining
containers. Staff has proposed that the City Council reserve "$20,000
to underwrite costs associated with this program. Since capital
expenditures such as containers are an easy component to identify, it
would be anticipated that the selected service provider would
negotiate a lower fee in the event that the City were willing to
underwrite some of the program costs. The exact terms of the grant
would need to be finalized as part of the negotiations with the
selected vendor. This element of the expenditure plan addresses
multi-family projects and is equivalent to approximately $8.33 per
unit.
Reserve for 1993/94 Expenses - It is anticipated that if the City
Council approves the expenditures noted above, approximately $12,978
would remain at the close of the 1992/93 fiscal year. Staff has
recommended that - this . amount be reserved for 1993/94 expenses
associated with commercial activities. This may represent personnel,
services and supplies and/or consultant expenses. Staff has proposed
focusing the use on the commercial sector, given that programs should
be underway in the residential sector. The scope and type of expenses
will be presented in the 1993/94 Budget document.
Budget Change Required
Since the 1992/93 adopted Budget did not address the items noted above, an
additional appropriation will be required. The following summarizes the
adjustment required.
1992/93 Waste Management Budget (5020)
Recycling Funds Only
Adopted Amount of Revised
92/93 Budget Adjustment 92/93 Budget
Personal Services 0 0 0
Services/Supplies $18,870 0 $18,870
Contract Services
LDD Rebate 0 42,800 $42,800
Multi-Family Grant 0 20, 000 20, 000
County Home Composting 0 5, 000 5, 000
Total Contract Services $67,800
Capital Outlay 0 0 0
Total Activity Funded
by Measure D $18,870 $67,800 $86, 670
Provided that the City Council concurs with the proposed expenditure plan,
it would also be appropriate for the Council to approve an additional
appropriation of Measure D Recycling Funds for Fiscal Year 1992/93. The
actual line items to be affected are noted above.
Conclusion
A summary of the proposed spending plan is contained in Exhibit 3. If
approved by the City Council, single family residences will receive a $8.04
one-time rebate early in 1993. The impact on the multi-family recycling
program will be determined once proposals are received and we have contract
pricing. A Budget Change would also be required to reflect the estimated
1992/93 additional appropriations.
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ANALYSIS OF MEASURE D FUNDS AVAILABLE
(October 1992)
Measure D Revenues
1991 /92 Distribution by Waste Management Authority $ 112, 727
Estimated 1992/93 Distribution by Waste Mana_ gement _ _
Authority (November Distribution) 7, 000
Estimated 1992/93 Interest Earned 4, 280
Total Estimated Funds Available $ 124, 007
1992/93 Budgeted Expenditures
Salaries/Benefits for Staff Handling Recycling
& Source Reduction Programs
(City Manager Department 1020 ) $ 24, 459
Supplies (Waste Management Department 5020) 3, 870
Consultant Services (Waste Management
Department 5020) 15 , 000
Total $ 43, 329
Estimated Funds Available to be Programmed
Total Estimated Measure D Funds $ 124, 007
Less 1992/93 Budgeted Expenditures ( 43, 329)
Unappropriated Measure D Fund Balance $ 80, 678
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EXHID"IT 1.
ALAMEDA COUNTY HOME COMPOSTING
7977 Calowell Drive
-- EDUCATION PROGRAM � Oakland,CA 9462
VECTOR CONTROL SERVICES DISTRICT
Implementing the Alameda County
Compost Bin Cost-Sharing Pilot Program '
ACHC is ready to implement the Alameda County Compost Bin Cost-Sharing Pilot Program.
As you may know, the Waste Management Authority approved matching funds for Member
.: Agencies to distribute compost bins to county residents. Alameda County will be acting as
the fiscal agent and administer the Compost bin program through the Home Composting
Education Program (ACHC). ACHC is now accepting matching funds and signed ,fiscal
agent agreements from interested Member Agencies.
How Does Your City Participate?
To participate, interested Member Agencies of the Waste Management Authority (WMA)
must complete the following two actions;
* first, submit a minimum of$5,000 up to a maximum of$25,000, in $5,000
increments, to the Alameda County Home Composting Education Program and
* second, sign the enclosed Fiscal Agent Agreement. Enclosed are two copies of the
Fiscal Agent Agreement, one is for your files and the other; which has six signature pages,
is to be returned to ACHC. Be sure all six pages have original signatures. '
If necessary, ACHC can change.the signature page to reflect more appropriate.signers for
your city. Your city will receive one copy of the Fiscal Agent agreement with a completed
signature page.' This pilot program is being i plemented in $40,000 phases with a possible
total of three phases. Member agencies will a included In Phase I on a first come, first
served basis. Iny other words, the first $40,000 collectively submitted by Member Agencies
accompanied with the signed fiscal agreements will be in Phase I. Phase II will be
implemented once an additional $40,000 is collected from the Member Agencies and the
WMA approves the matching funds. At this time, eight cities have expressed an interest in
participating.
What Bin Will Be Distributed?
ACHC has selected the Smith & Hawken Biostack compost bin for distribution, This bin has
tested very favorably at all four of ACHC's demonstration garden and is by far the most
popular bin in Berkeley's program, which offers a choice of three bins. ACHC finds that the
Biostack offers easy access to the compost, allowing for proper m�dntenance of the.pile and
easy harvest of the finished compost. The Biostack is also durable, attractive and made out
of 60% post-consumer recycled plastic and comes with a.10 year warranty. ACHC is
working with Smith & Hawken to use scrap HDPE collected in Alameda County to
manufacture the bins distributed through this program. The Biostack retails'for $99.00 but,
through this program your resident will pay only $25.00 for a bin.
Vi I COO Printed on Recycled Paperwlth Soybased Ink
EX111BIT d
A Program of the Department of Em Aronmental Health,Funded by the Alameda countywaste Management Authority
How Many Bins Will Your City Receive?
Bitrs will be distributed proportional to the amount invested. Cities that participate at a
$10,000 level will have 550 Biostack bins distribpted in their city. Cities that contribute
$5;000 will have 275 bins distributed in their district, etc. Bins will be limited to just one
per household and each City will receive a complete listing of names and addressesof
residents who purchase a bin.
How Do Residents Purchase A Bin?
Residents who want to purchase a bin will have to fill out an order form. Order forms will
be widely distributed throughout the participating City: at the City Hall, at local nurseries
and libraries, etc, Additionally, people can call ACHC's Rotline and have an order form
mailed directly.to them. All orders will have to come back to ACHC to be pioeessed and to
allow the residents' check to clear the bank. It is ACHC's goal to maintain a supply of bins
for prompt delivery. The resident has the option of receiving a coupon to pick up their bin
at one central location in the County or of paying an additional $5.00 to have the bin shipped
via UPS directly to their door. Pick-up hours at the central location would be limited to
specific times (such as every Thursday and Saturday afternoon).
What-Happens If All Of The Bins Are Not Distributed?
ACHC expects that all available bins will be ordered and distributed. All other compost bin
distribution programs have proven to be very popular. The City of Santa Monica received
250 bin orders in one week.and King County in Washington is just now experiencing a
diminished interest from the community after distributing 40,000 bins, ACHC will distribute
the full number of bins in your community, if necessary up to October 1993 (ACHC's
education program is guaranteed funding until that date.) In the unlikely event that all the
bins are not distributed by that point and ACHC does not receive continued funding, then
your city would receive the remaining bins. ACHC expects that once the program is
announced, it will only take a few months to distribute the full number of bins to residents of
your community.
How Can You Help Make The Program A Success?
ACHC will rely first on free,media to announce the bin program to your residents. The
compost bin distribution program should be announced in your City newsletter or Parks and
Recreation brochure. Any other means of spreading information to residents that your City
employs may also be useful.
.What's The Next Step? "
Just send in a check made payable to the Alameda County Home Composting Ed. Program
for $5,000 up to $25,000, in $5,000 increments, along with the six original signatures on the
enclosed Fiscal Agent.Agreement. Once ACHC has collected the first $4b,000 in funds
(hopefully by early September), the first bins can be distributed in 8 to 12 weeks. Again,
your city will be included in Phase I on a first come, first served basis. If you LdvC a,Yy -
questions, pleas4 call Teresa Fade, Program Coordinator, at 667-7590.
EXHIBIT 3
SUMMARY OF
PROPOSED MEASURE D SPENDING PLAN
Following the adoption. of. the 1992/93 budget, it was anticipated that
$80, 678 in Measure D funds would remain. The following identifies
proposed expenditure of the unappropriated funds :
Rebate to Curbside Program participants $ 42, 800
Home Composting Bin Subsidy 5, 000
Reserve to underwrite a portion of the cost of Multi-
Family Recycling Program (This will reduce the
per unit cost of the program to be paid by
property owners . ) 20, 000
Reserve for anticipated 1993/94 expenses addressing
commercial recycling activities (Scope and type
of expenses will be identified in 1993/94 Budget
document. ) 12, 878
Total $ 80, 678
PSR/lss a:Mesrd$.agenda#10
E I"'IBIT 3
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