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HomeMy WebLinkAboutResolution 2012-32 Burrtec Producer Price Index IncreaseCITY OF PALM DESERT SPECIAL PROGRAMS DEPARTMENT STAFF REPORT REQUEST: CONSIDERATION OF REQUEST BY BURRTEC WASTE AND RECYCLING SERVICES FOR APPROVAL OF THE ANNUAL PRODUCER PRICE INDEX (PPI) AND COUNTY OF RIVERSIDE GATE/DISPOSAL FEE INCREASES SUBMITTED BY: Frankie Riddle, Director of Special Programs DATE: May 24, 2012 CONTENTS: 1. Letter from Burrtec dated May 9, 2012, requesting Annual Rate Increase 2. Exhibit 3: New Residential, Commercial, and Roll -off Rates 3. Exhibit 4A-C: New Residential, Commercial, and Roll -off Rates Adjustment 4. Producer Price Index (PPI) 5. County Landfill Tipping Fee Increase Staff Report —Approved 6. Coachella Valley Cities Rate Comparison 7. Resolution No. 2012- 32 Recommendation By Minute Motion, approve the following: 1. Approve the proposed 3.91 % PPI rate increase and 3.52% gate/disposal fee increase from $39.16 to $40.54 per ton; 2. Waive further reading and adopt Resolution No. 2012- 32 approving the new adjusted rate schedule of fees (Exhibit 3 for residential, commercial, and roll -off) for the collection, recycling, and disposal of municipal solid waste and residential/commercial recycling contained in Contract No. C27410 - Solid Waste Management Services; and 3. Apply rate increase to residents and commercial billing accounts. Executive Summary On May 9, 2012, Burrtec Waste and Recycling Services submitted a request to increase residential, commercial, and roll -off rates for the collection, recycling, and disposal of municipal solid waste and residential/commercial recycling. Per the Solid Waste and Recycling Franchise Agreement, Burrtec may request an annual rate increase based on the Producer Price Index (PPI) utilizing the December 2010 to December 2011 time period. STAFF REPORT BURRTEC ANNUAL SOLID WASTE RATE INCREASE MAY 24, 2012 PAGE 2 Upon receipt of the request, staff asked Burrtec to provide rate increase information based on two options: 1) residents paying the rate increase, and 2) using AB939 funds to offset the rate increase. According to Burrtec — Option 1) if the rate increase is passed onto residents, they will pay an additional $.40 per month for a 96 gallon container; and Option 2) if the increase is applied to AB939 funds, then the fee paid to the City through Burrtec would be reduced from $4.19 to $1.87. Discussion In 2010, the City utilized a portion of its Recycle Funds (AB939) to offset the rate increase to Palm Desert residents, which dropped the $8.25 fee paid to the City through Burrtec to $6.02. In 2011, the City opted to offset the rate increase again dropping the fee to $4.19. This option was considered to offset rate increases to residents during the worst part of the economic depressed period. Currently, the City receives approximately $200,000 each year from Burrtec at the $4.19 rate to maintain and implement recycle programs and other City projects. If the fee is reduced to $1.87, AB939 fees would be reduced by 50 to 60 percent - approximately $75,000 to $100,000 each year. With the City's expenses for various programs and projects at approximately $1,000,000 each year, roughly $900,000 would have to be drawn down from the existing recycle fund reserve of approximately $4 million, which would result in account depletion in 4 to 5 years. In past years, staff was able to obtain grants to assist in offsetting expenses to the Recycle Fund and that is, in part, why the fund was able to grow to have the amount that it currently has; however, with minimal grant opportunities and increased expenditures to the Recycle Fund, this fund is fast being depleted. It should be noted that once the recycle funds are completed expended, payment for programs and projects as well as staff salaries currently offset through recycle funds will need to come from different sources such as the General Fund. Palm Desert residents have come to expect quality programs that are paid through AB939 funds such as the Household Hazardous Waste (HHW) Facility. The City and Burrtec split 50/50 the operation cost of the facility up to $25,000 and the City's portion is paid through AB939. Since state regulations have changed to require additional mandates, local jurisdictions continue to be burdened with the requirement to maintain, increase, and implement recycle/diversion programs. This requires that many of our programs remain in place and be expanded, which the City does utilizing AB939 funds. Currently staff is working with property owners/managers of multi -family housing complexes and commercial businesses to implement state mandated recycling programs wherein the City purchases internal containers for units and other necessary items to implement the programs with AB939 funds. In addition to recycle programs, staff has utilized recycle funds to offset street improvements cause by waste trucks and the purchase of materials and supplies (i.e., doggie and trash bags, street signs, park benches, etc.) made from recycled products that would otherwise be paid through General Fund monies. These efforts were put in STAFF REPORT BURRTEC ANNUAL SOLID WASTE RATE INCREASE MAY 24, 2012 PAGE 3 place to help relieve the General Fund in the past two or three years. However, once recycle funds are expended, costs of these activities/items will fall to the General Fund and may need to do so regardless. Given that the economy appears to have begun to stabilized, and that there have been significant reductions to AB939 funds already, staff recommends that City Council approve the rate increase to be passed onto residential and commercial accounts. Any further reduction to the Recycle Fund would have a significant negative effect on existing and future recycle programs. Fiscal Analysis The proposed rate increase(s) will not have a negative impact to the City's General Fund. The rate increase to a residential costumer for a 96 gallon container equals a $.40 per month. Whereas a commercial customer would pay an additional $8.15 per month for a 3 cubic yard bin serviced of 3 times per week. However, if the increase is applied to the AB939 fund, this would have a significant negative effect on this fund and on recycling programs in the near future. In addition, when funds from this account are depleted, General Fund monies will have to be used to maintain and implement recycle programs as well as pay staff salaries. Without this fund, future rate increases that include the cost of existing and future recycle programs that are now covered by the City could result in higher rate increases by Burrtec and would then be passed onto residents sooner rather than later. Submitted By: 0TY COUNCTIWTION APPROVED DENIED n RECEIVED OTHER MEET Frankie Riddle, Director of Special PrograW6 s, ABSENT: Approval: ABSTAIN: 0 l l VERIFIED BY: Original on File with elf John M. Wohlmuth, City Manager 4 et-k's Office * By Minute Motion: 1) Approve the proposed 3.91Z PPI Rate Increase and 3.52x Gate/Disposal Fee Increase from $39.16 to $40.54 per ton; 2) direct staff to return to the City Council with a resolution that effects the increase to be paid from the City's AB 939 (Recycling) Fund. 5-0 BURRTEC WASTE & RECYCLING SERVICES "We'll Take Care Of It" May 9, 2012 Ms. Frankie Riddle Director of Special Services Programs City of Palm Desert 72-510 Fred Waring Drive Palm Desert, CA 92260 RE: 2012Rate Adjustment Dear Ms. Riddle, Please fine the attached rate sheets for your review and approval. The Producer Price Index from December 2010 to December 2011 was 3.91%. There are two separate rate sheets one using the $8.50 fund the other reflects the rates without using the $8.50 fund. The Riverside County Waste Management Department approved an Edom Hill gate fee increase of 3.52% the rate will go from $39.16 to 40.54 a ton. I am available at your convenience to discuss the rate adjustment request. Sincerely, Mike Veto Director of Municipal Services 44 1 41-575 Eclectic Street • Palm Desert, California 92260. 760-340-5901 • Fax: 760-340-2732 • www.burrtecdesert.com N O N W W N IAD C n N m m �• '} N 0 v v 0 O m ID J OT 0, n O O N F T o CD O c a a CD J J n w m D v 0 10, m m ON fD 2 O m 3 m `o 3 NE T j m 0T 00 m ° 3 o m n ro fD n c x L N co � m CD J j IA CD CD O 0- O h•1•. d ,C Z CD n m N(D C A CD ►+ o O � Ut f V V v Cl � O V O �o m N 10 p O Cl w �cc m P, te a. xJ O a N 3 3 F O T -u j Fv . O m J w D m N m o D 0 N ID D o ' 3 n T �+ _ ° 'm V tD N j C m n n D tZ N a j O (D V ° 1 O O I& �. C 1••I•. m eF N C (D A O m \ FI m 0 N J O A N Era E» cn e» E» a V GD V � N C rP V 00 W 10 0, IP w D D D hi D D Z F 5 � ° O O O a• ^O O O J J N 3 a f m m w A 0) G) G) C) m a3i m n3 _ �- v m mCD a �p O O N A rn N SD C) n C) G 0 w 0) w D) d ID ° .� C > > m m 2, Cn m T T J 0 w wm m y m m m P,aA- n ID "+ m 8' a c m � fD N• G. 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O N N lu eb m EPE.pEf� y lj� ko� I-nEA EA 461� 3 n o r' S � .0 m C lC lO I I m 0 V V Z, W O DD (n V "0 In 00 00 fD C C N , 0 in Cn w O) Cp c a 3 3 " Io IJo N A CA 0 3 m m m G) G) G) m Ip m N N N w v foil m m J J T T n O O O m G) O= N Ol i J J J a n o 0 3 m m mCD m CD m m m o J J C) C) x m Cn m m N J CD C O 2 m m (D CD m z. a <D x � m m m m a J _3 _3 W EFi FH EA ffl EA EAR Efl ffl �p ti T r r 00 V W 'G C O N 01 OC Qo V 6� V CD V 01 ON Ul 01 H Q- N 1 m rt M to 1 1 f a City of Palm Desert Commercial Service Rates - Current Commercial Collection Container Size Pickups 3,er Week 1 2 3 4 5 6 Commercial Refuse Cart $ 11.33 $ 22.65 $ 33.98 $ 45.30 $ 56.63 $ 67.95 Commercial Greenwaste Ca $ 8.85 $ 17.68 $ 26.53 $ 35.37 $ 44.21 $ 52.92 2 Cubic Yards $ 72.01 $ 126.26 $ 180.94 $ 235.03 $ 289.51 $ 379.01 3 Cubic Yards $ 94.84 $ 169.45 $ 221.04 $ 311.46 $ 386.47 $ 461.24 4 Cubic Yards $ 130.38 $ 218.81 $ 310.18 $ 401.90 $ 514.68 $ 577.47 6 Cubic Yards $ 197.60 $ 332.17 $ 471.53 $ 610.80 $ 738.07 $ 878.84 "Locking Bin Fee $ 8.56 $ 17.12 $ 25.70 $ 34.26 $ 42.82 $ 51.38 -"Locking Bin Fee is a monthly charge based on number of pick ups per week 2-Yard - Extra Empty $ 33.70 3-Yard - Extra Empty $ 46.18 4-Yard - Extra Empty $ 62.40 6-Yard - Extra Empty $ 93.61 Temporary front end load bin - initial delivery, pickup, and disposal $ 124.80 Temporary front end load bin - additional dumps $ 124.80 (Extra Empty Contaminated Recycling Container Charge - Bin Charge) Re -Start Fee - following voluntary or involuntary suspension of service $ 18.31 Returned Check Fee $ 19.05 Bin Cleaning/Enclosure Clean-up Charge (for overflowed bins, after required warnings) $ 37.47 Emergency Service - hourly rate for one crew member and one collection truck $ 91.00 Commercial Service Rates - Effective 7/1/2012 Multiplier: 103.68% Commercial Collection Container Size Pickups per Week 1 2 3 4 5 6 Commercial Refuse Cart $ 11,75 $ 23,48 $ 35.23 $ 46,97 $ 58.72 $ 70.45 Commercial Greenwaste Ca $ 9.18 $ 18.33 $ 27.51 $ 36.67 $ 45.84 $ 54.87 2 Cubic Yards $ 74.66 $ 130.91 $ 187.61 $ 243.69 $ 300.18 $ 392.98 3 Cubic Yards $ 98.33 $ 175.69 $ 229.19 $ 322.94 $ 400.71 $ 478.24 4 Cubic Yards $ 135.18 $ 226.87 $ 321.61 $ 416.71 $ 533.65 $ 598.75 6 Cubic Yards $ 204.88 $ 344.41 $ 488.91 $ 633.31 $ 765.27 $ 911.23 "Locking Bin Fee $ 8.88 $ 17.75 $ 26.65 $ 35.52 $ 44.40 $ 53.27 -Locking Bin Fee is a monthly charge based on number of pick ups per week 2-Yard - Extra Empty $ 34.94 3-Yard - Extra Empty $ 47.88 4-Yard - Extra Empty $ 64.70 6-Yard - Extra Empty $ 97.06 Temporary front end load bin - initial delivery, pickup, and disposal $ 129.40 Temporary front end load bin - additional dumps $ 129.40 (Extra Empty Contaminated Recycling Container Charge - Bin Charge) Re -Start Fee - following voluntary or involuntary suspension of service $ 18.98 Returned Check Fee $ 19.75 Bin Cleaning/Enclosure Clean-up Charge (for overflowed bins, after required warnings) $ 38.85 Emergency Service - hourly rate for one crew member and one collection truck $ 94.35 5/8/2012 City of Palm Desert Roll off Service Rates - Current Standard Refuse Pull Charge (c ) $ 130.97 Standard Greenwaste/Construction & Demolition Pull Charge (c) $ 124.39 Compactor Pull Charge (c) $ 211.36 Landfill Disposal Charge actual cost (a) Greenwaste Disposal Charge actual cost (b) Construction and Demolition Disposal Charge actual cost (c) Rental Fee Per Day $ 8.68 (a) The disposal charge per ton includes both the landfill tipping fee (actual cost) and the (b) Temporary roll off customers may be charged a delivery charge, a pull charge, plus four tons of (c ) Roll -off customers may be charged a box rental fee after seven (7) business days if there has been Additional Services Description Rate Roll -Off Delivery or Relocation Charge Returned Check Fee $ 18.56 $ 19.31 Roll off Service Rates -Effective 7/1/2012 Multiplier: 103.91 % Standard Refuse Pull Charge (c ) $ 136.09 Standard Greenwaste/Construction & Demolition Pull Charge (c) $ 129.25 Compactor Pull Charge (c) $ 219.63 Landfill Disposal Charge actual cost (a) Greenwaste Disposal Charge actual cost (b) Construction and Demolition Disposal Charge actual cost (c) Rental Fee Per Day $ 9.02 (a) The disposal charge per ton includes both the landfill tipping fee (actual cost) and the City's recycling fee of $8.25 per ton. (b) Temporary roll off customers may be charged a delivery charge, a pull charge, plus four tons of disposal. If disposal tonnage is less than four tons or greater than four tons, the customer will be credited/charged accordingly. (c ) Roll -off customers may be charged a box rental fee after seven (7) business days if there has been no pulls within the 7-day period. Roll -off customers who are using roll -off for recycling purposes are not charged this fee. Additional Services Description Rate Roll -Off Delivery, Relocation Charge, Re -Start Fee Returned Check Fee $ 19.29 $ 20.07 5/8/2012 EXHIBIT 4A Residential Rates Adjustment City of Palm Desert Rate Adjustment - July 1, 2012 Step One: Deduct franchise fees from gross rate revenue Revenue Component(including franchise fees Annual Amount a Gross Residential Rate Revenue $3,032,108 Residential Franchise Fees (b) $197,557 Residential Rate Revenue Net of Franchise Fees $2,834,551 Step Two: Determine disposal expense, recycilng fees, and service Revenue Component (net of Franchise Fees) Annual Amount Percentage of Rate Revenue Net of Franchise Fees Residential Rate Revenue Net of Franchise Fees (c) $2,834,551 100.00% Less: Actual Residential refuse Disposal Expense $497,021 17.53% Less: Actual Residential Recycling Fees $65,6251 2.32% Residential Service Revenue $2,271,9051 80.15% Step Three: Caluclate percentage change in adjustment factors Rate Adjustment Factor Old New Index Change Component Percent Change Disposal Tipping Fee per Ton $ 39.16 $ 40.54 3.52% 3.52% Recycling Fee per ton $4.19 $4.19 0.00% 0.00% Producer Price Index Capped at 5% 184.1 191.3 3.91 % 3.91 % Step Four: Calculate weigh ed percentage chan a in single family rates Components of Actual Revenue Component Weight a Rate Component Percent Change Weighted Rate Adjustment Refuse Disposal 17.53% 3.5% 0.618% Recycling Fee 2.32% 0.0% 0.000% Service 80.15% 3.9%1 3.1350/( Total 100.00% 1 3.753% Step Five: Apply weighted percentage change to single family rates Service (g) Current Monthly Rate Weighted Rate Rate Change Adjusted (Example Only) (h) Adjustment (i) Monthly Rate 0) 90-gallon automated cart collection $10.58 3.753% $0.40 $10.98 Manual curbside collection $11.64 3.753% $0.44 $12.08 Walk-in service fee $8.741 3.753%1 $0.331 $9,07 (a) For the twelve months ending the December before the July 1 rate adjustment. (b) Franchise fee is 8% of gross revenue less disposal fees and per ton recyciing fees. (c) From Step One above. (d) "Index Change" multiplied by "Allowable Portion of Index Change." (e) From "Percentage of Rate Revenue Net of Franchise Fees" in Step Two. (f) From last column in Step Three. (g) Not all rate categories are shown in this example. (h) The weighted rate adjustment should be applied to the total rate, including Franchise Fee portion of the rate. (i) From weighted rate adjustment in Step Four. Q) "Current Monthly Rate" plus "Rate Change." 5/8/2012 5/8/2012 EXHIBIT 413 Commercial Bin Rates Adjustment City of Palm Desert Rate Adjustment - July 1, 2012 Step One: Deduct franchise fees from gross rate revenue Revenue Component (including franchise fees) Annual Amount (a) Gross Commercial and Multi -Family Rate Revenue $3,976,576 Commercial and Multi -Family Franchise Fees (b) $233,507 Commercial and Multi -Family Rate Revenue Net of Franchise Fees $3,743,069 Step Two: Determine disposal expense, recyciing fees, and service Revenue Component (net of Franchise Fees) Annual Amount Percentage of Rate Revenue Netof Franchise Fees Commercial and Multi -Family Rate Revenue Net of Franchise Fees (c) $3,743,069 100.00% Less: Actual Commercial and Multi -Family refuse Disposal Expense $933,877 24.95% Less: Actual Commercial and Multi -Family Recycling Fees $123,856 3.31 % Commercial and Multi -Family Service Revenue $2,685,336 71.74% Step Three: Caluclate percentage change in adjustment factors Rate Adjustment Factor Old New Index Change Component Percent Change Disposal Tipping Fee per Ton $39.16 $40.54 3.52% 3.52% Recycling Fee per ton $4.19 $4.19 0.00% 0.00% Producer Price Index Capped at 5% 184.1 191.3 3.91% 3.91% Step Four: Calculate weighted percentage change in single family rates Components of Actual Revenue Component Rate Component Percent Change Weighted Rate Weight a Adjustment Refuse Disposal 25% 3.52% 0.88% Recycling Fee 3% 0.00% 0.00% Service 72% 3.91 % 2.81 % Total 1 100%1 1 3.68% Step Five: Apply weighted percentage change to single family rates Service (g) Current Monthly Rate (Example Only) (h) Weighted Rate Adjustment (i) Rate Change Adjusted Monthly Rate 0) One 3-yard bin once per week $94.84 3.68% $3.49 $98.33 One 3-yard bin twice per week $169.45 3.68% $6.24 $175.69 One 3-yard bin three times per week $221.04 3.68% $8.15 $229.19 One 3-yard bin four times per week $311.46 3.68% $11.48 $322.94 One 3-yard bin five times per week $386.47 3.68% $14.24 $400.71 One 3-yard bin six times per week $461.24 3.68% $17.00 $478.24 Extra 3-yard empty $46.18 3.68% $1.70 $47.88 (a) For the twelve months ending the December before the July 1 rate adjustment. (b) Franchise fee is 8% of gross revenue less disposal fees and per ton recyciing fees. (c) From Step One above. (d) "Index Change" multiplied by "Allowable Portion of Index Change." (e) From "Percentage of Rate Revenue Net of Franchise Fees" in Step Two. (f) From last column in Step Three. (g) Not all rate categories are shown in this example. (h) The weighted rate adjustment should be applied to the total rate, including Franchise Fee portion of the rate. (i) From weighted rate adjustment in Step Four. (j) "Current Monthly Rate" plus "Rate Change." 5/8/2012 0;oCn� �•0333 CD 0 -O C1 C1 m 0) m m O A C1 d � Zl Z1 Zrco N O O CD (n CD CD n n 3 =' C CD r m m co aCDCz r r 0 v v C1 C1 A N 0 Cl 1 1 C1 [2 co (1 WO XCL L _ O X [S 0 �r N W N`� _ m o 4� (A V O ID a a (n m •• 2 ifl co io co m m TY) �.96069 m n m cwa,-P� :3 NV L- fb C4 V N O m EA to to EA EA m O O' �CA) Nm r.y. co a) (0= Q 1,0 v Cl W (oO i O O. w CL m o (D 0 5 c a x ;t O o c o (c m \m 0 n n O 3 3 W o 0 m 3 A m 5 a m x X O O 0 =4 h x V y vn a � N CD !"F Ch LSO O CO = G) Z fD 0(D 0 m NNNNNNNNNNN O O O O O O O O O O O jp w— W W y y (p 0 w (p � 7 3 V N 0 3 C N O % (D C CO m (A a O tO0 OOD 0 N A tOd (D N (p (Q CL (H O 0 N n d U 0 01 N N G m i d a W n In, „4l< * v" p 7 C CDD n L 00 N A-(0 06 v �; L1 CD CDa __ O O (O C 7 Oc V V V m m A A W U1 m O NOO Cn v :3O fD a� O O "O .N.. -u w 0 0 d N m m m (O m m (O (o V V N O (O D 0. 0' -0 SI C N 0 K o a O O CD C. CD N O T y N x 3 ____ ___ m V J J m M Cl Q n 6 O A A W-N m m O W N m N (T N m (0 O 0 mN JmCn J JMJO(O 3 a 3 (D J m J m m O A A W A 3 d C of m W A N W J N O m N y J V J m m Ut A A W (OOmmO A J N m A A W J m N N N J (O O m m 0 W m m N �m<O mm ID A(OA WI L C W W m W m N m Ut m m m A (O A V m m L Jm W-4 m m M N W O C M J W m O O N W m (JO A W C, N 5n. W 01 J. ID m W m V J m N O Z a a ® $z 0 0 ❑ ❑ E U O N d Q= X w n o a l� SUBMITTAL TO THE BOARD OF SUPERVISORS * `' COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SUBMITTAL DATE: FROM: Waste Management Department April 10, 2012 SUBJECT: Introduction and Approval of Requested Gate Fee Increase at Edom Hill Transfer Station RECOMMENDED MOTION: That the Board of Supervisors: 1. Introduce the requested Gate Fee changes at Edom Hill Transfer Station (EHTS) as proposed by Burrtec Recovery and Transfer in accordance with the Master Lease Agreement (the Agreement) related to operations at the EHTS and entered into on November 5, 2002; and 2. Set a date of May 15, 2012 for public hearing regarding the gate fee rate increase for EHTS; and 3. Direct the Clerk of the Board to advertise the public hearing through public notice for a minimum of fourteen (14) days pursuant to Section 5(d)(1) of the Agreement; and 4. Approve the requested EHTS gate fee increases at the close of the May 15, 2012, public hearing to be effective July 1, 2012 BACKGROUND: On November 5, 2002, the County entered into an agreement with Waste Management of the Desert (WMOD) to develop, construct, and operate a transfer station at the Edom Hill Landfill site once the landfill closed. The Edom Hill Landfill closed in November 2004, and the transfer station began operation at that time. WMOD sold their rights in the agreement to Burrtec Recovery and Transfer (Burrtec) in 2006. (Continued) ans W. Kernkamp, G`efieral Manager -Chief Engineer Current F.Y. Total Cost: $ N/A In Current Year Budget: N/A FINANCIAL Current F.Y. Net County Cost: $ N/A Budget Adjustment: No DATA Annual Net County Cost: $ N/A For Fiscal Year: 12/13 SOURCE OF FUNDS: Not applicable Positions To Be Deleted Per A-30 Requires 4/5 Vote ❑ C.E.O. RECOMMENDATION: APPROVE fl County Executive Office Signature Alex Gann 3) MINUTES OF THE BOARD OF SUPERVISORS On motion of Supervisor Benoit, seconded by Supervisor Stone and duly carried by unanimous vote, IT WAS ORDERED that the above matter is approved as recommended, and is set for public hearing on Tuesday, May 15, 2012, at 1:30 p.m. Ayes: Buster, Tavaglione, Stone, Benoit and Ashley Nays: None Kecia Harper -Them _ Absent: None CI 1f the Board Date: April 24, 2012 ' 1Araetca ('aft Deputy Prev. Agn. Ref.: 12.2 (11/5f02); District: 4/4 Agenda Number: 12.3 (5/23/06) Form 11 (Rev 0612003) DOCS GENERAL434085-v8 12.1 F11- Introduction and Approval of Requested Gate Fee Increase at Edom Hill Transfer Station April 10, 2012 Page 2 The Agreement between the County and Burrtec as Lessee, states that gate fee adjustments are to be approved by the County Board of Supervisors following a public hearing. On February 10, 2012, Burrtec contacted the Waste Management Department to communicate their intent to request a rate increase as outlined in the Agreement. Pursuant to Section 5(b) of the Agreement, the Waste Management Department, on behalf of Burrtec, is presenting the request to the Board of Supervisors for action. The gate fee at the Edom Hill Transfer Station is made up of four component parts. The recapture of the capital investment (i.e. the Facility Element) and the City Mitigation Fee are fixed by contract. The Disposal Fee element is based on the long-term hauling contract that Burrtec has with the County and is scheduled to be increased effective July 1, 2012, by that contract's allowable Consumer Price Index (CPI) increase, pending Board approval. The Operating & Transport Element is the only component that Burrtec, Inc., can increase on an annual basis. The maximum increase allowable in any one year is equal to 80% of the percent change in the CPI for all Urban Consumers for the Los Angeles/Anaheim/Riverside Metropolitan Area as published by the United States Department of Labor, Bureau of Labor Statistics for the twelve month period ended December 31 of the year prior to the July 1 effective date. For July 1, 2012, the percent increase in the Operating and Transport element of the gate fee, based on 80% of the change in CPI on December 31, 2011 is 1.74%. In addition, Burrtec has requested an Extraordinary Rate Adjustment, as allowed for under the Master Lease Agreement, to the Operating & Transport Element due to the sharp increase in diesel fuel costs. Based on these increases since 2002 (the year competitively bid facility gate rates were negotiated), Burrtec requested an increase to the Operating and Transport Element of $0.21 per ton and $1.53 per ton, respectively. Staff reviewed the request and adjusted the requested amounts downward based on the change in fuel costs since 2006 (the year Burrtec assumed the facility lease) and a 20% reduction to be consistent with the intent of the lease regarding allowable increases (80% of the percent change in CPI). These changes result in a proposed extraordinary adjustment to the Operating and Transport Element of $0.08 per ton and $0.54 per ton, respectively. Burrtec agrees with the proposed revised adjustments which are summarized below: Gate Fee per Increase based Extraordinary Total Proposed Gate Fee Lease Agreement on allowable Rate Gate Fee effective Components Jul 1, 2011 2011 CPI Adjustment Jul 1, 2012 Facility Element $0.89 Not applicable $0.89 NOMM Operating Element $5.22 $0.09 $0.08 $5.39 Transport Element $5.70 $0.10 $0.54 $6.34 Disposal Fee " $26.35 $0.57 Not applicable $26.92 City Mitigation Fee $ 1.00 Not applicable Not applicable $ 1.00 Total: $39.16 $40.54 Form 11 (Rev 06/2003) DOCS GENERAL4340B5-0 F11- Introduction and Approval of Requested Gate Fee Increase at Edom Hill Transfer Station April 10, 2012 Page 3 * CPI increase for 2011= (231.567 - 226.639) / 226.639 = 0.0271 Percent change = 2,17% Maximum allowable (80%) = 1.74% ** Recommended to the Board and will be considered after a public hearing scheduled on May 1, 2012. If approved, the Riverside County Waste Management Department will implement an increase in the landfill disposal fees equal to the LA/Orange/Riverside Metropolitan Area CPI annual change (Dec. 31, 2011) of 2.17% on July 1, 2012. The requested Extraordinary Rate Adjustment is based on the 2011 diesel fuel cost. In the event that the per gallon cost drops significantly over the previous 12-month period, Burrtec has agreed that, as part of the annual rate setting process, the gate rate will be adjusted to reflect the decrease in cost. The reduction will be calculated by applying a similar methodology utilized to calculate the increase proposed herein. Burrtec has also requested an increase to the minimum load charge at the facility (currently $8.00 per 600-pound load). This rate has remained unchanged since the facility opened in 2004. The low rate is intended to encourage citizen use of the facility and deter illegal dumping; however, staff recommends a reasonable increase to $10 per 600-pound load which will still retain that desired effect while setting the rate commensurate with the Robert A. Nelson Transfer Station and Material Recovery Facility in western Riverside County. California Environmental Quality Act (CEQA) Findings Pursuant to CEQA Guidelines Section 15273, the proposed changes to the fee structure at the EHTS are found to be statutorily exempt from CEQA, because the proposed changes for the purpose of: • Meeting operating expense, including employee wage rates and fringe benefits, • Purchasing or leasing supplies, equipment, or materials, • Meeting financial reserve needs and requirements, and • Obtaining funds for existing capital projects, necessary to maintain service within existing service areas. A Notice of Exemption to this effect will be filed with the County Clerk upon Board of Supervisors approval of the rate change. Riddle, Frankie To: Mike Veto Subject: RE: City Rates From: Mike Veto [mailto:mikeCcbburrtecdesert.com] Sent: Friday, May 18, 2012 10:30 AM To: Riddle, Frankie Subject: City Rates Hi Frankie, Here are the city rates. The rate below are the new rate for 2012. Palm Desert - $10.98 (Trash) + $1.18 (Green Waste) = $12.16 Cathedral City - $14.40 + 3% (User Utility Tax) = $14.83 La Quinta Direct Billed - $13.71 La Quinta Tax Roll - $12.31 Indian Wells Direct Billed - $20.34 Indian Wells Tax Roll - $19.43 Ranch Mirage - $16.93 Indio Direct Billed - $17.73 Indio Tax Roll - $13.89 Coachella - $18.06 RESOLUTION NO. 2012 - 32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE NEW ADJUSTED RATE SCHEDULE OF FEES (EXHIBIT 3 FOR RESIDENT, COMMERCIAL, AND ROLL -OFF) FOR THE COLLETION, RECYCLING, AND DISPOSAL OF MUNICIPAL SOLID WASTE AND RESIDENTIAL/ COMMERCIAL RECYCLING CONTAINED IN CONTRACT NO. C27410 — SOLID WASTE MANAGEMENT SERVICES WHEREAS, on the 1st day of June 2009, the City entered into an exclusive contract with Burrtec Waste and Recycling, LLC and approved the Agreement at its meeting of May 21, 2009. WHEREAS, Burrtec now provides solid waste collection and residential and commercial recycling services to the residents and businesses within Palm Desert; and WHEREAS, the franchise agreement sets forth rates for solid waste collection and recycling services within the City of Palm Desert as provided in Exhibits 3 and 4A, 413, and 4C and commencing on the second year of said agreement new rates may be applied at 100% of the PPI with a 5% cap unless otherwise approved and to become effective July 15t of each year; and WHEREAS, the Riverside County Waste Resources Management District (RCWRMD) sets the landfill tipping fees and effective July 1, 1996, reduced the landfill tipping fee from $38.50 to $30.00 per ton; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1: That the City Council of the City of Palm Desert, California, rescinds all previous resolutions. SECTION 2: The annual rate increase shall be 100% of PPI with a 5% cap. SECTION 3: That the City Council of the City of Palm Desert, California, effective July 1, 2012, ratifies the 3.91% Producer Price Index and 3.52% gate/disposal fee increases for solid waste collection and recycling services requested by Burrtec Waste and Recycling as provided for in the Franchise Agreement. SECTION 4: That the County of Riverside has increased the per ton gate/disposal fee at the transfer station/landfill from $39.16 to $40.54 an increase of $1.38. Resolution No. 2012 - 32 SECTION 5: The City Council of the City of Palm Desert, California, approves the new rate increase for 2012 as reflected in Exhibit 3 to become effective July 1, 2012. SECTION 6: That the City Council of the City of Palm Desert, California, will retain the $4.19 per ton tipping fee (AB939) reduction and direct the funds to the special account entitled, "Waste and Recycling Fee." SECTION 7: That Burrtec shall forward to the City on a monthly basis an amount equal to $4.19 (less the PPI and gate fee increases to residents) per ton in tipping fees as provided for within the City's Franchise Agreement and directed to the "Waste and Recycling Fee." SECTION 8: All other solid waste service rates, services, 8% franchise fee, any other fees, reports, etc. shall be in accordance with the Agreement currently in effect. PASSED, APPROVED, AND ADOPTED this 24th day of June, 2012, by the City Council of the City of Palm Desert, California, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA ROBERT A. SPIEGEL, MAYOR V1