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SR - RES-10781 - REVISED RATES SOLID WASTE COLLECTION & DISPOSAL SERVICESAGENDA ITEM June 10, 2014 TO: Honorable Mayor and Members of the City Council THRU: John W. Sibley City Manager FROM: Joe DeFrancesco ,c Public Works D' ector Reviewed /Veri ed By• City Manager Finance Direc r To Be Present ': o DeFrancesco Cons Calendar . City Mgr Rpts Council Reports Legal Affairs Boards /Cmtes X Public Hrgs Admin Reports Plan/Environ 1. SUBJECT Resolution No. 10781 — A Resolution of the City Council of the City of Orange approving revised rates for solid waste collection and disposal services. 2. SUMMARY On July 14, 2009, the City of Orange entered into an Integrated Solid Waste Services Agreement (Agreement) with CR &R Environmental Services (CR &R). The Agreement became effective on February 1, 2010. The franchise agreement stipulates that CR &R may request a rate adjustment provided that their request is submitted in writing and received by March 30 of each calendar year. The franchise agreement also stipulates that specified residential and commercial rates be within the lowest one third of all cities in Orange County which provide a comparable solid waste service. If approved, the rates recommended in Resolution No. 10781 will become effective on July 1, 2014. 3. RECOMMENDED ACTION Adopt Resolution No. 10781. 4. FISCAL IMPACT Since CR &R is now responsible for receivables and payables of residential and commercial accounts, there is no fiscal impact to the City. 5. STRATEGIC PLAN GOAL(S) 2d) Be a fiscally healthy community — Analyze future fiscal needs and potential revenue opportunities. 4b) Provide outstanding public service — Provide facilities and services to meet customer expectations. ITEM / /,& 1 06/10/14 6. GENERAL PLAN IMPLEMENTATION Infrastructure Element Goal 2.0 Reduce the amount of waste material entering regional landfills with an efficient and innovative waste management program. Policy 2.1: Provide sufficient levels of solid waste service throughout the community. Policy 2.2: Expand outreach and education regarding recycling opportunities to all city customers. Policy 2.3: Develop programs that encourage residents to donate or recycle surplus furniture, old electronics, clothing, and other household items rather than disposing of such material in landfills. Policy 2.4: Expand outreach and education to all city customers regarding residential collection of household hazardous wastes including paint containers, electronics, household chemicals, motor oils, and pesticides 7. DISCUSSION AND BACKGROUND Introduction In accordance with the Agreement between the City of Orange and CR &R, CR &R submitted a request with supporting documentation for a July 1, 2014 rate adjustment. The Agreement between the City and CR &R stipulates that CR &R is entitled to an annual rate adjustment provided they submit their request in writing by March 30 and such adjustment is in accordance with the Residential and Commercial Rate Adjustment Model (Model). CR &R submitted their request for a rate adjustment on March 25, 2014. Based on their March 25 submittal and staff review, CR &R's rate adjustment request is correct and in compliance with the Agreement and congruent with the parameters of the Model. Rate Request Analysis The rate adjustment request that CR &R submitted to the City is based upon their application of the Model. The Model utilizes changes in hourly labor rates, landfill disposal fees, and changes in the PPI and CPI to calculate a multiplier that can be applied to all residential and commercial solid waste service rates. Ultimately, the Model was created to establish criteria that the City and CR &R have agreed to for the verification, recommendation and establishment of equitable solid waste service rates. Essentially CR &R is requesting an adjustment of residential and commercial solid waste collection rates at 0.78% and 0.69% respectively. Listed below and on Attachment B are a series of depictions that convey the effect of CR &R's proposed rate adjustment request. ITEM 2 06/10/14 CR &R Monthly Rate Service Current Requested Rate Residential Cart $12.30 $12.62 Commercial Bin $49.46 $50.75 1 3- yard trash bin collected once per week ITEM 2 06/10/14 Lowest One -Third Rate Stipulation In addition to the utilization of the Model to calculate rates, the franchise agreement stipulates that CR &R's residential rates for residential curbside and commercial service must be in the lowest one -third of all Orange County cities providing comparable solid waste services. For residential service, cities that provide fully automated collection using three carts, one each for trash, recyclables, and green waste, are considered comparable. Currently, there are 30 cities in Orange County that provide comparable cart service, and 32 cities that provide similar bin service. In order to meet the lowest one -third threshold, there must be twice as many cities with higher rates as there are with lower rates. When CR &R's rate adjustment request is compared against similar Orange County cities, the residential rates are the third lowest and the commercial rates are the lowest. Over the last two decades, the City's residential and commercial rates continue to rank among the lowest one -third of comparable Orange County cities (Attachment D). Moreover, if the Model calculated a rate that was greater than the lowest one - third, CR &R would have to reduce their residential and commercial rates to equate with the lowest one - third. When the franchise with CR &R began on February 1, 2010, the initial residential rate was $11.42 /month. In the three years that CR &R has assumed the City's recycling and trash collection operations, solid waste collection rates have increased by $0.88 (Note: If the $0.88 increase in the rate for CR &R's collection of residential solid waste were averaged over the first three years of the agreement, the increase would amount to 2.3% annually). Recommendation If approved, Resolution No. 10781 (Attachment A) includes the approved residential and commercial solid waste collection rate schedule for all services under the Agreement as an attachment (Attachment C). The rates recommended in Resolution No. 10781 will become effective on July 1, 2014 and will be incorporated into the City's Master Schedule of Fees and Charges. The CR &R rate adjustment request has been reviewed by City staff and confirmed with CR &R staff for its accuracy. 8. ATTACHMENTS • Attachment A — Resolution No. 10781 • Attachment B — Proposed Rate Schedules for Solid Waste Collection. • Attachment C — Comparative Solid Waste Collection Rate Schedules • Attachment D — Orange County Residential Solid Waste Rate Comparison. • Attachment E — Orange County Commercial Solid Waste Rate Comparison. • Attachment F — 2014 Residential and Commercial Solid Waste Collection Rate Adjustment Model. JD;gw;ly N:\Public Works\ADMIN \ADMIN\LYoung \Council Items \COUNCIL\June - 2014 \6- 10 \CR &R Rate Adjustment Request.doc ITEM 3 06/10/14 CUR Solid Waste Rate Adjustment Request Summary of Attachments Attachment Description A Resolution No. 10781 B Proposed Rate Schedules for Solid Waste Collection C Comparative Solid Waste Collection Rate Schedules D Orange County Residential Solid Waste Rate Comparison E Orange County Commercial Solid Waste Rate Comparison. F Solid Waste Collection Rate Adjustment Model Page 5 7 10 12 13 19 ITEM 4 6/10/14 RESOLUTION NO. 10781 Attachment A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING REVISED RATES FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICES. WHEREAS, the Orange Municipal Code and Public Resources Code Section 40059 authorize the City to revise rates for solid waste collection and disposal services by resolution; and WHEREAS, the Integrated Solid Waste Management Agreement (Agreement) between the City of Orange and CR &R Incorporated (CR &R) provides for an adjustment based on a rate adjustment formula, which is stipulated in the Agreement; and WHEREAS, the Agreement requires CR &R to guarantee that the Company's comparable rate for certain services will be in the lowest one -third of the rates being charged for similar services in comparable cities in Orange County; and WHEREAS, the rates listed on the attached schedule will be effective July 1, 2014. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Orange hereby resolves as follows: The attached solid waste rate schedule shall be approved and incorporated into the City's Master Schedule of Fees and Charges, with all rates effective July 1, 2014. Adopted this day of , 2014. ATTEST: Mary E. Murphy City Clerk of the City of Orange Teresa E. Smith Mayor of the City of Orange ITEM 5 6/10/14