Ordinance 11820 C.M.S 2004 City Fees Amendment Staff Report

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Transcript of Ordinance 11820 C.M.S 2004 City Fees Amendment Staff Report

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    #4fi8:$iY C L E R KC I T Y O F O AAGENDA RE#TO:ATTN:FROM:DATE:RE:

    Office of the City ManagerDeborah EdgerlyPublic Works AgencyMay 4,2004AMENDMENT TO ORDINANCE NO. 11820 C.M.S. INCREASING RATESCHARGED FOR SOLID WASTE COLLECTION AND DISPOSAL FORINCREASING CITY FEES PAID BY WASTE MANAGEMENT OFALAMEDA COUNTY TO TH E CITY OF OAKLAND

    2014APR 72 PH 3: 16

    MULTI-FAMILY AND SINGLE-FAMILY RATEPAYERS, AND

    SUMMARYAn amendment to Ordinance No. 11820 C.M.S. has been prepared that authorizes WasteManagement of Alameda County (WMAC) to increase rates charged to multi-family and single-family ratepayers for solid waste collection and disposal services effective July 1,2004 and July1, 2005. The amendment also requires WMAC to remit a portion of the increased revenues thecompany receives from the ratepayers to the City of Oakland to pay for recycling collection andprocessing services. The increased rates paid by the ratepayers will generate approximately$1,016,000 in additional revenues to WMAC during the 2004-05 fiscal year and $2,031,000 inthe 2005-06 fiscal year. These revenues will cover WMACs costs to provide a weekly yardwaste and food scraps recycling program. The increased rates will also generate approximately$750,000 in additional revenues during the 2004-05 fiscal year and $1,500,000 in the 2005-06fiscal year to be remitted to the City by WMAC. The City will use this money to pay WMACand California Waste Solutions (CWS) for weekly single stream recycling collection andprocessing services.This is one of four reports being submitted to the City Council on weekly single streamrecycling, weekly yard waste collection and food scraps recycling. The other reports authorizean amendment of the Franchise Agreement with Waste Management of Alameda County toprovide weekly recycling services in the Southern part of the City and weekly yard waste andfood scraps recycling throughout the City; an agreement with California Waste Solutions forrecycling services in the Northern part of the City; and an agreement with the Alameda CountyWaste Management Authority for partial funding of a residential food scraps recycling program.This ordinance amendment is consistent with the following Mayor and City Council goals andobjectives 2C and 3C:Develop a Sustainable City: Implement programs that protect and conserve natural resources.Improve Oakland Neighborhoods: Reduce blight and nuisance.Staff recommends approval of the ordinance.

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    FISCAL IMPACTThe City will pay CWS and WMAC $3.20 per household per month to provide weeklyresidential recycling collection and processing services commencing on January 1, 2005.Currently CWS receives $2.72 per household per month for weekly recycling service andWMAC receives $2.05 per household per month to provide bi-weekly recycling service. Theadditional annualized cost to provide weekly single stream recycling service throughout the Cityis approximately $750,000 in the 2004-05 fiscal year and $1,500,000 in the 2005-06 fiscal year(Fund 1710, Organization 30282, Account 54919).Beginning January 1, 2005 WMAC will also implement a residential food scraps recyclingprogram. Theannualized cost to provide weekly collection of yard waste and weekly food scraps recycling isapproximately $1,016,000 in the 2004-05 fiscal year and $2,031,000 in the 2005-06 fiscal year.Funds to pay for these services will come from rates collected by Waste Management ofAlameda County as part of the garbage hill. The garbage bill for single-family residences (1-4units) will increase by $1.28 per month on July 1, 2004 and by an additional $1.28 per month onJuly I , 2005 to pay for the new services. The garbage bill for multi-family residences (5+ units)will increase by $0.36 per unit per m onth on July 1, 2004 an d by an additional $0.36 per unit permonth on July 1,20 05.

    This will require yard waste to be collected weekly instead of bi-weekly.

    BACKGROUNDOn November 4, 2003 the City Council heard a report from the Public Works Agency thatrecommended a Request For Proposals be issued to obtain a residential recycling collection andprocessing service provider for the area of the City currently serviced by California WasteSolutions. Staff also recommended that the City enter into negotiations with WM AC to resolvecitywide recycling service equity issues by providing weekly single stream recycling in itsservice area. In addition, staff recommended that the City expand the yard waste program toinclude the recycling of food scraps and soiled paper products.Staff has negotiated agreements with the service providers for weekly single stream recycling,weekly yard waste collection and implem entation of a food scraps recycling program. Unde r theterms of the pkoposed agreements, CW S and W MA C will change from collecting recycling inblue and yellow 18-gallon tub-style recycling bins to a single stream 64-gallon cart for allrecyclables. Recyc ling service will be provided weekly throughout the City. This change shouldimprove the recycling program as:

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    Residents will not have to sort materials (e.g. paper, glass, cans, etc.);Residents can roll the cart to the curb rather than carry two bins o f recyclables tothe curb; and

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    0 Being containerized, materials do not get wet or scattered by the wind therebyreducing litter in the neighborhood.

    The 2000 Waste Characterization Study prepared for the Alameda County Waste ManagementAuthority showed that 22% (single-family dwellings 17%, multi-family dwellings 5% ) of theresidential waste stream is comprised of food waste. This is the largest untargeted component ofthe residential waste stream and a program that can be economically implemented in conjunctionwith the Citys existing yard waste program. Staff expects that the City will be able to divertapproximately 10,000 tons of food scraps from the landfill once the program has been fullyimplemented. This will provide an additional two percent (2%) towards the City Council goal toreduce the amount of material going to the landfill by 75% by 2010. The City is currently at50%. To implement the food scraps recycling program, the City must change to a weekly yardwaste collection program. Each single-family residence (1-4 units) will receive a food scrapscontainer when the single stream recycling cart is delivered.

    KEY ISSUES AND IMPACTSTo provide weekly recycling collection, yard waste collection and food scraps recycling CWSand WMAC will have to purchase additional vehicles and single stream recycling carts. WMACmust also refurbish its existing fleet of solid waste collection vehicles to comply with the newdiesel emission regulations set by the California Air Resources Board. These increasedequipment costs have been amortized over the term of the agreements.Garbage Rate Adiustment for New PromamsSince weekly single stream recycling collection will not commence until January 1, 2005 staffrecommends that the cost for this new service be spread over tw o rate adjustment periods. Thegarbage rate for all multi-family residences (5+ units) will increase by $0.36 per unit per monthon July 1, 2004 and by an additional $0.36 per unit per month on July 1, 2005 to cover the costof weekly recycling collection. The increased cost for single-family residences will be $0.41 permonth on July 1,2004 and an additional $0.41 per month on July 1,2005.To pay for the cost of the residential food scraps program and weekly unlimited yard wastecollection, staff recommends that the garbage rate for single family residences (1-4 units) beincreased by $0.87 per month on July 1, 2004 and by an additional $0.87 per month on July 1,2005.

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    Garbage Rate Adjustment for CPI AdjustmentThe Franchise Agreement for Solid Waste and Yard Waste Collection and Disposal Servicesbetween the City and WMAC provides for an annual adjustment of the garbage rates due to thechange in the Consumer Price Index (CPI) and fees imposed by county-wide legislative

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    mandates. Garbage rates will increase across the board on July 1, 2004 by 1.5% for thesepermitted adjustments. The CPI change will increase the garbage rate for multi-familyresidences by $0.28 per month and by $0.32 per month for single-family residences.Total Impact of Garbage Rate IncreaseThe chart below shows the total impact the new programs and the CPI adjustment will have onthe cost of garbage service for multi-family and single-family residences. Single-familyresidence rates will increase by approximately 7.5% on July 1, 2004 and multi-family residenceswill increase by approximately 3.5%.

    Premium Backyard Service AccountsResidents who currently receive premium backyard solid waste and yard waste collection servicewill now also receive backyard recycling collection service. The rate for premium backyardservice will be increased by $4.25 to reflect the cost of emptying the additional cart. Residentswho qualify for a curbside placement exemption because of terrain or qualify for backyardservice as frail senior citizens or disabled, will receive backyard recycling collection at noadditional charge.Recycling Fees Paid to the CityW A C will send the revenue generated by the recycling increase to the City. In the 2004-05fiscal year the revenue increase is estimated to be approximately $750,000. In the 2005-06 fiscalyear the revenue will increase to approximately $1,500,000. The City will use the revenue topay WMAC and CWS for providing recycling collection and processing services.SUSTAINABLE OPPORTUNITIESThis action provides no sustainable opportunities.

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    DISABILITY AND SENIOR CITIZEN ACCESSFrail senior citizens and the disabled will receive backyard recycling collection service at noadditional charge. The new single stream recycling container can be rolled and customers nolonger have to carry bins o f recyclable materials to the curb for collection.RECOMMENDATIONStaff recommends that the City Council approve the amendment to Ordinance No. 11820 C.M.S.to increase garbage rates on July 1, 2004 and July 1, 2005 to implement weekly residentialrecycling collection and processing services, a residential food scraps recycling program andweekly yard waste collection.ACTION REQUESTED OF THE CITY COUNCILStaff recommends that the City Council approve the ordinance.

    Respectfully submitted,

    RAUL GODINEMIL P.E.Director, Public a r k s AgencyReviewed by:Brooke A. Levin, InterimAssistant Director, Public Works Agency

    Prepared by:Harry Schrauth, InterimRecycling& Solid Waste Programs Supervisor

    APPROVED AND FORWARDEDTO THE CITY COUNCIL:

    OFFIC~OFHE CITYMA~~AGER

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    INTRODUCED BY COUNCILMEMBER2004 &R 2 2 Pn 3: 18OAKLAND CITY COU NClL

    AM ENDMENT TO ORDINANCE NO. 11820 C.M.S. INCREASING RATESCHARGED FOR SOLID WASTE COLLECTION AND DISPOSAL FORMULTl FAMILY AND SINGLE FAMILY RATEPAYERS, ANDINCREASING CITY FEES PAID BY WASTE MANAGEMENT OFAL AM EDA COUNTY TO THE CITY OF OAKLAND

    WH EREAS, the Council of the City of O akland passed Resolution No. 77500 C.M.S. on October29, 2 002 which established a goal of 75% waste reduction going to landfills in allia nce= with thec o u n w d e 75% waste reduction goal; andWH EREA S, 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 ServiceswthWasteManagementofAlameda County, Inc. (WMA C); and establish rates and procedures to adjust the rates; andWHE REAS, Section 8.28.020 of the O akland Municipal Code allows the City Council to makeNon-Consumer Price Index related rate adjustments in the exercise of its legislative discretion and toattach a surcharge on so lid waste fees collected by WMAC to com pensate the C ity for some 01 all of thecosts of programs to reduce so lid waste going to landfills; 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 C ity; andWH EREA S, the 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 JuIy1, 2004,. and by an additional 1.92% effective July 1, 2005 to generate an additional approximately$750,000 annually beginning July 1, 2005, for the Recycling Fund for changes to residential recyclingprog ram s, including implementing weekly citywide cart-based single stream recyc ling collection, in orderto reduce solid waste going to landfills; andWHE REAS, single-family residential backyard premium co llection currently includes sen ice forSolid Waste and Yard Waste carts, and implementing cart-based single stream recycling collectionrequires 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 for WMAC toincrea se Yard Waste collection services to single-family dwellings from bi-weekly to weekly collectionservices and to add Food W aste to materials collected as Yard Waste, in order to reduce solid waste goingto landfills; and

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    WH EREA S, 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 W aste collection service enhancements; andWHER EAS, this Ordinancehas been duly processed with proper public notice;

    NOW THEREFORE, THE CITY COUNCIL FOR THE CITY OF OAKLAND DOES ORDAIN ASFOLLOWS:SECTION 1.Effective July 1,2 00 4 Ordinance 11820 C.S.M Section 5 is amended to provide that:(1) W A C s duly authorized to increase the single-family 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 fu ture total annual ra te adjustments apply, shall be:

    1 Contractor Supplied Carts I Customer Supplied CansMini Can Rate -20 Gallon 1 $28.82 I $25.9935 car t64 Cart I $59.76 .96 Cart 1$85.22 1 $82.38

    (2) WMAC is duly authorized to increase the annual rate that its multi-family and single-familycustomers are charged by 1.92% in order to increase the payment of City fees to the City ofOakland to im plement weekly citywide cart-based single stream recycling collection.(3) WM AC is duly authorized to increase the annual rate that its single-family customers are chargedby 4.02% in order to implement enhancements in Yard W aste collection services.(4) WMAC is required to pass through to the C ity the $750,000 in revenue generated by the 1.92%increase in multi-family and single-family rates fo r FY 2004-05.(5) 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.

    SECTION 2. Effective July 1,2 00 5 Ordinance 11820 C.S.M Section 5 is amended to provide that:(1) WMAC is duly authorized to increase the annual rate that its multi-family and single-familycustomers are charged by an additional 1.92% in o rder to increase the payment of City fees to theCity of Oakland to im plemen t weekly citywide cart-based single stream recycling collection.(2) WMAC is duly au thorized to increase the annual rate that its single-fam ily customers are chargedby an additional 4.02% in order to implement enhancements in Yard Waste collection services.(3) WMAC is required to pass through to the City the additional $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 inSection 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 thetotal 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.

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    CHARGED FOR SOLID WASTE CO LLECTION AND DISPOSAL FOR MULTIFAMILY AND SINGLE FAMILY RATEPAYERS, AND INCREASING CITYFEES PAID BY WASTE MANAGEMENT OF ALAMEDA COUNTY

    NOTICE AND DIGESTTh~s rdinance 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 fiom $21.58 effective July 1, 2004, and a monthly rate of 24.22from $22.86 effective July 1, 2005. For each multi-family unit, the rate increases willresult in a monthly rate of $18.87 &om $18.51 effective July 1,2004, and a monthly rateof $19.23 fiom $18.87 effective July 1,2005.

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    MAY 4 2004