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Res 20-034RESOLUTION NO. 20-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING AN ADJUSTMENT TO THE EDCO WASTE AND RECYCLING SERVICES RATE SCHEDULE AND RESCINDING RESOLUTION NO. 19-026 WHEREAS, the Public Resources Code Section 41901 provides local jurisdictions the authority to assess solid waste fees to meet state -mandated costs associated with the passage of AB 939; WHEREAS, the City Council awarded the exclusive Solid Waste Franchise Agreement to Mashburn Waste and Recycling Services on September 21, 1994; and Mashburn became EDCO Waste and Recycling Services (Contractor) in 1998; WHEREAS, the City Council revised Article 8 of the Franchise Agreement between the City of Poway and Contractor by adding AB 939 fees as an additional criterion for the annual adjustment of monthly rates upward or downward; WHEREAS, Article 8 of the Franchise Agreement requires City Council approval prior to any increase in the Contractor's service rates; WHEREAS, Article 8 of the Franchise Agreement allows the Contractor to request an adjustment to monthly rates due to the Contractor's increased costs resulting from changes in landfill disposal fees, changes in the Consumer Price Index (CPI) or special circumstances; WHEREAS, the current rate schedule (attached hereto as Exhibit A) has been revised to reflect the effects of a 2.59 percent landfill disposal fee increase, a 1.93 percent change in the CPI, various commercial organic waste collection service fees, and a $3.68 per month residential organic recycling fee to be implemented when EDCO's Anaerobic Digestion Facility becomes operational; WHEREAS, the City Council of the City of Poway held a public hearing on June 2, 2020, notice of which was duly provided, and which was conducted, pursuant to the provisions of Article XIIID of the California Constitution and the Proposition 218 Omnibus Implementation Act (California Government Code section 57350 et seq.); WHEREAS, the City Council received a final tabulation of all written protests received by the City Clerk at the June 2, 2020 City Council Meeting; WHEREAS, the City Council heard and considered all written and oral protests to the proposed changes to the rates at the public hearing. follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as SECTION 1: That the above recitations are true and correct; SECTION 2: The City Council finds that a total of protests to the proposed increase in rates were received at the time of the conclusion of the public hearing and that no majority protest exists; Resolution No. 20-034 Page 2 SECTION 3: The attached "Schedule of Maximum Rates to be Charged and Collected for Collection Services of Trash and Recycling in the City of Poway" effective July 1, 2020, is hereby adopted as shown in Exhibit A and attached hereto; SECTION 4: The fees adopted herein are for the exclusive right to collect from and charge Poway customers for solid waste, recyclables, yard waste, compostables and other services at rates fixed by the City Council from time to time; SECTION 5: The attached "Schedule of Maximum Rates to be Charged and Collected for Collection Services of Trash and Recycling in the City of Poway" shall be implemented on July 1, 2020, to correspond with the next regular billing cycle following the effective date of the rate increase; SECTION 6: The following tables provide the formula for future increases of the "Schedule of Maximum Rates to be Charged and Collected for Collection Services of Trash and Recycling in the City of Poway" to be charged through June 30, 2025; Service Fee The Franchise Agreement with EDCO allows for an annual increase of the service fee, effective July 1 of each year. The following table uses a formula and the San Diego, CA area CPI for All Urban Consumers (all items), base period of 1982-84=100, published by the United States Department of Labor, Bureau of Labor Statistics for the latest 12 -month period for which statistics are available. The adjustment is calculated by comparing the San Diego CPI for the second half of year one (X) with the second half of year two (Y) which produces an index change. This number is divided by the previous period (X) and multiplied by 100 which is the value used as the multiplier for the service component of the base rate. SERVICE FEE PORTION FORMULA Rate Increase for Service Fee Previous CPI Second Half (SD -Carlsbad) 2019 Portion FY 2021-22 X Previous CPI Second Half (SD -Carlsbad) 2020 Y Index Change Subtract X from Y = Change Percentage Change Rate Increase for Service Fee Previous CPI Second Half (SD -Carlsbad) 2020 Divide the Index Change by X and multiply b 100 = Percenta•e Chan.e Portion FY 2022-23 X Previous CPI Second Half (SD -Carlsbad) 2021 Y Index Change Subtract X from Y = Change Percentage Change Rate Increase for Service Fee Previous CPI Second Half (SD -Carlsbad) 2021 Divide the Index Change by X and multiply b 100 = Percenta•e Chan•e Portion FY 2023-24 X Previous CPI Second Half (SD -Carlsbad) 2022 Y Index Change Subtract X from Y = Change Percentage Change Divide the Index Change by X and multiply by 100 = Percentage Change Resolution No. 20-034 Page 3 SERVICE FEE PORTION FORMULA Rate Increase for Service Fee Portion FY 2024-25 Previous CPI Second Half (SD -Carlsbad) 2022 X Previous CPI Second Half (SD -Carlsbad) 2023 Y Index Change Subtract X from Y = Change Percentage Change Divide the Index Change by X and multiply by 100 = Percentage Change Disposal Fee The Franchise Agreement with EDCO and the Regional Solid Waste Association allows for an annual increase of the disposal tip fee, effective July 1 of each year. The following table uses a formula and the Los Angles -Anaheim -Riverside, CA area (CPI) for all items, base period of 1982-84=100, published by the United States Department of Labor, Bureau of Labor Statistics for the latest 12 -month period for which statistics are available. The adjustment is calculated by comparing the Los Angeles -Anaheim -Riverside CPI for the latest 12 -month period for which statistics are available. The adjustment is calculated by subtracting the previous CPI for December of year one (X) and the last CPI for December of year two (Y) which produces an index change. This number is divided by the previous period (X) and multiplied by 100 which is the value used as the multiplier for the disposal tip fee component of the base rate. DISPOSAL TIP FEE PORTION FORMULA Rate Increase for Disposal Tip Fee Portion FY 2021-22 Previous CPI December (LA) 2019 X Previous CPI December (LA) 2020 Y Index Change Subtract X from Y = Change Percentage Change Divide the Index Change by X and multiply by 100 = Percentage Change Rate Increase for Disposal Tip Fee Portion FY 2022-23 Previous CPI December (LA) 2020 X Previous CPI December (LA) 2021 Y Index Change Subtract X from Y = Change Percentage Change Divide the Index Change by X and multiply by 100 = Percentage Change No Rate Increase for FY 2023-24 Tip Fee Portion — It will be the same as FY 2022-23 Previous CPI December (LA) 2021 X Previous CPI December (LA) 2022 Y Index Change Subtract X from Y = Change Percentage Change Divide the Index Change by X and multiply by 100 = Percentage Change Rate Increase for Disposal Tip Fee Portion FY 2024-25 Previous CPI December (LA) 2022 X Previous CPI December (LA) 2023 Y Index Change Subtract X from Y = Change Divide the Index Change by X and multiply by 100 = Percentage Change Percentage Change Resolution No. 20-034 Page 4 This percent change may be adjusted by applying a calculation that includes, in part, a modifier of the percent increase of the previous year's increase in waste tonnage. Any adjustment to the base multiplier will modify the disposal tip fee component of the formula. This cannot be determined in advance. SECTION 7: The changes in fees shall take effect on July 1, 2020 at which time Resolution 19-026 will be hereby rescinded. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 2nd day of June, 2020 by the following vote, to wit: AYES: MULLIN, LEONARD, GROSCH, FRANK, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE ATTEST: Faviola Medi a, CMC, City Clerk Steve Vaus, Mayor Resolution No. 20-034 Page 5 EXHIBIT A SCHEDULE OF MAXIMUM RATES TO BE CHARGED AND COLLECTED FOR COLLECTION SERVICES OF TRASH AND RECYCLING IN THE CITY OF POWAY EFFECTIVE July 1, 2020 through June 30, 2021 Residential Services Current EDCO Rate 7/1/19 Proposed EDCO Rate 7/1/20 Single Family weekly 35 -gal. waste cart, includes recycling and yard waste (Billed to Occupant) $15.42 $15.73 Single Family weekly 95 -gal. waste cart, includes recycling and yard waste (Billed to Occupant) $22.33 $22.78 Single Family weekly 35 -gal. waste cart, includes recycling and yard waste (Billed to HOA) $14.86 $15.16 Single Family weekly 95 -gal. waste cart, includes recycling and yard waste (Billed to HOA) $21.73 $22.17 Multi -family weekly 95 -gal. waste cart, includes recycling and yard waste (Billed to Occupant) $15.87 $16.19 Multi -family weekly 95 -gal. waste cart, includes recycling and yard waste (Billed to HOA) $15.22 $15.52 Commingled Organic Recycling Fee N/A $3.68 Special on-call pickup of items separate from and dissimilar to items listed in section 5.3 of Agreement (cost per item) $15.97 $15.97 Surcharge of special on-call pickup of refrigerator or other appliance that requires special handling due to Freon or similar contaminants $47.96 $47.96 Fee for additional organic/green waste cart N/A $3.11 Fee for additional waste cart $3.66 $3.66 Fee for additional recycling cart No Charge No Charge Resolution No. 20-034 Page 6 Multi -family Services (Excludes Yard Waste) Current EDCO Rate 7/1/19 Proposed EDCO Rate 7/1/20 1 -Cu. Yd. Bin Service - 1 X Week $70.76 $72.17 1 -Cu. Yd. Bin Service - 2 X Week $117.91 $120.29 1 -Cu. Yd. Bin Service - 3 X Week $165.10 $168.42 1 -Cu. Yd. Bin Service - 4 X Week $206.37 $210.54 1 -Cu. Yd. Bin Service - 5 X Week $247.66 $252.68 1 -Cu. Yd. Bin Service - 6 X Week $288.94 $294.81 2 -Cu. Yd. Bin Service - 1 X Week $85.82 $87.60 2 -Cu. Yd. Bin Service - 2 X Week $143.13 $146.13 2 -Cu. Yd. Bin Service - 3 X Week $200.44 $204.67 2 -Cu. Yd. Bin Service - 4 X Week $251.42 $256.74 2 -Cu. Yd. Bin Service - 5 X Week $302.36 $308.81 2 -Cu. Yd. Bin Service - 6 X Week $353.27 $360.79 3 -Cu. Yd. Bin Service - 1 X Week $123.61 $126.18 3 -Cu. Yd. Bin Service - 2 X Week $206.42 $210.79 3 -Cu. Yd. Bin Service - 3 X Week $289.23 $295.38 3 -Cu. Yd. Bin Service - 4 X Week $363.00 $370.76 3 -Cu. Yd. Bin Service - 5 X Week $436.78 $446.16 3 -Cu. Yd. Bin Service - 6 X Week $510.56 $521.54 4 -Cu. Yd. Bin Service - 1 X Week $129.68 $132.44 4 -Cu. Yd. Bin Service - 2 X Week $216.28 $220.97 4 -Cu. Yd. Bin Service - 3 X Week $302.82 $309.44 4 -Cu. Yd. Bin Service - 4 X Week $368.27 $376.40 4 -Cu. Yd. Bin Service - 5 X Week $458.99 $469.14 4 -Cu. Yd. Bin Service - 6 X Week $536.88 $548.80 5 -Cu. Yd. Bin Service - 1 X Week $144.72 $147.84 5 -Cu. Yd. Bin Service - 2 X Week $239.67 $244.96 5 -Cu. Yd. Bin Service - 3 X Week $334.60 $342.08 5 -Cu. Yd. Bin Service - 4 X Week $424.93 $434.50 5 -Cu. Yd. Bin Service - 5 X Week $515.37 $526.96 5 -Cu. Yd. Bin Service - 6 X Week $605.78 $619.43 6 -Cu. Yd. Bin Service - 1 X Week $155.32 $158.72 6 -Cu. Yd. Bin Service - 2 X Week $256.27 $262.01 6 -Cu. Yd. Bin Service - 3 X Week $357.29 $365.38 6 -Cu. Yd. Bin Service - 4 X Week $453.69 $464.04 6 -Cu. Yd. Bin Service - 5 X Week $550.10 $562.71 6 -Cu. Yd. Bin Service - 6 X Week $646.56 $661.42 Resolution No. 20-034 Page 7 Multi -family Services (Includes Yard Waste) Current EDCO Rate 7/1/19 Proposed EDCO Rate 7/1/20 1 -Cu. Yd. Bin Service - 1 X Week $78.14 $79.70 1 -Cu. Yd. Bin Service - 2 X Week $130.24 $132.86 1 -Cu. Yd. Bin Service - 3 X Week $182.34 $186.00 1 -Cu. Yd. Bin Service - 4 X Week $227.87 $232.46 1 -Cu. Yd. Bin Service - 5 X Week $273.43 $278.96 1 -Cu. Yd. Bin Service - 6 X Week $319.02 $325.47 2 -Cu. Yd. Bin Service - 1 X Week $94.90 $96.86 2 -Cu. Yd. Bin Service - 2 X Week $158.22 $161.51 2 -Cu. Yd. Bin Service - 3 X Week $221.53 $226.17 2 -Cu. Yd. Bin Service - 4 X Week $277.86 $283.69 2 -Cu. Yd. Bin Service - 5 X Week $334.19 $341.26 2 -Cu. Yd. Bin Service - 6 X Week $390.59 $398.83 3 -Cu. Yd. Bin Service - 1 X Week $136.72 $139.54 3 -Cu. Yd. Bin Service - 2 X Week $228.31 $233.10 3 -Cu. Yd. Bin Service - 3 X Week $319.94 $326.69 3 -Cu. Yd. Bin Service - 4 X Week $401.53 $410.03 3 -Cu. Yd. Bin Service - 5 X Week $483.11 $493.38 3 -Cu. Yd. Bin Service - 6 X Week $564.76 $576.79 4 -Cu. Yd. Bin Service - 1 X Week $143.43 $146.46 4 -Cu. Yd. Bin Service - 2 X Week $239.31 $244.44 4 -Cu. Yd. Bin Service - 3 X Week $335.08 $342.32 4 -Cu. Yd. Bin Service - 4 X Week $421.43 $430.60 4 -Cu. Yd. Bin Service - 5 X Week $507.91 $519.01 4 -Cu. Yd. Bin Service - 6 X Week $594.10 $607.12 5 -Cu. Yd. Bin Service - 1 X Week $160.17 $163.59 5 -Cu. Yd. Bin Service - 2 X Week $265.26 $271.03 5 -Cu. Yd. Bin Service - 3 X Week $370.36 $378.53 5 -Cu. Yd. Bin Service - 4 X Week $470.59 $481.03 5 -Cu. Yd. Bin Service - 5 X Week $570.47 $583.12 5 -Cu. Yd. Bin Service - 6 X Week $670.58 $685.49 6 -Cu. Yd. Bin Service - 1 X Week $171.78 $175.50 6 -Cu. Yd. Bin Service - 2 X Week $283.49 $289.76 6 -Cu. Yd. Bin Service - 3 X Week $395.20 $404.02 6 -Cu. Yd. Bin Service - 4 X Week $501.81 $513.10 6 -Cu. Yd. Bin Service - 5 X Week $608.48 $622.21 6 -Cu. Yd. Bin Service - 6 X Week $715.12 $731.32 Resolution No. 20-034 Page 8 Commercial Services Current EDCO Rate 7/1/19 Proposed EDCO Rate 7/1/20 1 -Cu. Yd. Bin Service - 1 X Week $66.89 $68.26 1 -Cu. Yd. Bin Service - 2 X Week $120.10 $122.57 1 -Cu. Yd. Bin Service - 3 X Week $176.14 $179.76 1 -Cu. Yd. Bin Service - 4 X Week $232.18 $236.94 1 -Cu. Yd. Bin Service - 5 X Week $288.22 $294.14 1 -Cu. Yd. Bin Service - 6 X Week $344.26 $351.33 2 -Cu. Yd. Bin Service - 1 X Week $78.76 $80.42 2 -Cu. Yd. Bin Service - 2 X Week $151.74 $154.96 2 -Cu. Yd. Bin Service - 3 X Week $224.76 $229.52 2 -Cu. Yd. Bin Service - 4 X Week $297.80 $304.11 2 -Cu. Yd. Bin Service - 5 X Week $370.69 $378.58 2 -Cu. Yd. Bin Service - 6 X Week $443.70 $453.11 3 -Cu. Yd. Bin Service - 1 X Week $114.02 $116.43 3 -Cu. Yd. Bin Service - 2 X Week $190.97 $195.08 3 -Cu. Yd. Bin Service - 3 X Week $267.96 $273.77 3 -Cu. Yd. Bin Service - 4 X Week $336.73 $344.08 3 -Cu. Yd. Bin Service - 5 X Week $405.50 $414.39 3 -Cu. Yd. Bin Service - 6 X Week $474.29 $484.71 4 -Cu. Yd. Bin Service - 1 X Week $120.48 $123.09 4 -Cu. Yd. Bin Service - 2 X Week $203.81 $208.31 4 -Cu. Yd. Bin Service - 3 X Week $287.13 $293.52 4 -Cu. Yd. Bin Service - 4 X Week $370.51 $378.79 4 -Cu. Yd. Bin Service - 5 X Week $454.06 $464.23 4 -Cu. Yd. Bin Service - 6 X Week $537.20 $549.27 5 -Cu. Yd. Bin Service - 1 X Week $134.59 $137.54 5 -Cu. Yd. Bin Service - 2 X Week $266.21 $272.06 5 -Cu. Yd. Bin Service - 3 X Week $397.24 $406.01 5 -Cu. Yd. Bin Service - 4 X Week $528.29 $539.94 5 -Cu. Yd. Bin Service - 5 X Week $659.40 $673.89 5 -Cu. Yd. Bin Service - 6 X Week $790.43 $807.80 6 -Cu. Yd. Bin Service - 1 X Week $145.76 $149.00 6 -Cu. Yd. Bin Service - 2 X Week $291.46 $297.92 6 -Cu. Yd. Bin Service - 3 X Week $437.27 $446.98 6 -Cu. Yd. Bin Service - 4 X Week $583.00 $595.94 6 -Cu. Yd. Bin Service - 5 X Week $689.06 $704.47 6 -Cu. Yd. Bin Service - 6 X Week $865.00 $884.23 Resolution No. 20-034 Page 9 Commercial Recycling Services Current EDCO Rate Proposed EDCO Rate Total Scheduled Debris Box Serviced Monthly 7/1/19 7/1/20 Weekly 2 -Cu. Yd. Bin Service $34.23 $34.89 Weekly 3 -Cu. Yd. Bin Service $42.74 $43.57 Weekly 4 -Cu. Yd. Bin Service $51.30 $52.29 Weekly 5 -Cu. Yd. Bin Service $59.83 $60.98 Weekly 6 -Cu. Yd. Bin Service $59.83 $60.98 95 -Gallon Recycling Cart $17.49 $17.83 Industrial Debris Box Services Current EDCO Rate 7/1/19 Proposed EDCO Rate 7/1/20 Total Scheduled Debris Box Serviced Monthly $176.77 $180/.19 Unscheduled Debris Box Pulls (40 -Cubic Yards) $190.43 $194.11 RSWA Trash Rate per ton, including Franchise Fee CDI Rate Per Ton $49.32 Tip Plus FF $50.60 Tip Plus FF 3 -Cubic Yard Bin - 3 -Day Rental $63.40 $64.63 3 -Cubic Yard Bin - 1 -Month Rental (Once -a -Week Emptying [Preliminary Construction & Remote]) $252.86 $257.74 Additional Dump of 3 -Cubic Yard Bin $28.94 $29.50 Daily Roll -Off Rental $5.12 $5.22 Locking Lid Set Up $9.99 $10.19 Daily Impound Fee for Storage of Unauthorized Containers $22.62 $23.06 Service Charge to Reinstate Collection Services After Termination for Non -Payment $14.55 $14.83 Commercial Commingled Organics Proposed EDCO Rate 7/1/20 Cart (65 gal.) - 1 x Week $87.02 Cart (65 gal.) - 2 x Week $174.03 Cart (65 gal.) - 3 x Week $261.05 Cart (65 gal.) - Extra Pickup $34.81 Cart (65 gal.) - Additional Container x 1 $82.67 Cart (65 gal.) - Additional Container x 2 $165.33 Cart (65 gal.) - Additional Container x 3 $248.00 Cart (96 gal.) - 1 x Week $98.14 Cart (96 gal.) - 2 x Week $196.28 Cart (96 gal.) - 3 x Week $294.43 Resolution No. 20-034 Page 10 Cart (96 gal.) — Extra Pickup $39.26 Cart (96 gal.) — Additional Container x 1 $93.23 Cart (96 gal.) — Additional Container x 2 $186.47 Cart (96 gal.) — Additional Container x 3 $279.70 2 Cubic Yard — 1 x Week $159.17 2 Cubic Yard — 2 x Week $318.34 2 Cubic Yard — 3 x Week $477.50 2 Cubic Yard — Extra Pickup $63.67 2 Cubic Yard — Additional Container x 1 $151.21 2 Cubic Yard — Additional Container x 2 $302.42 2 Cubic Yard — Additional Container x 3 $453.63