Loading...
HomeMy WebLinkAboutCC RESO 2023-73RESOLUTION I NO. 2023— 73 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADOPTING A RESOLUTION FOLLOWING A PUBLIC HEARING PURSUANT TO PROPOSITION 218 TO CONSIDER RATE ADJUSTMENTS FOR REFUSE SERVICES INCLUDING RECYCLING AND ORGANICS/YARD WASTE DISPOSAL PROVIDED TO NATIONAL CITY RESIDENCES AND BUSINESSES BY EDCO DISPOSAL CORPORATION AND AMENDING THE AGREEMENT BETWEEN THE CITY AND EDCO DISPOSAL CORPORATION TO INCREASE THE MONTHLY RATES FOR REFUSE COLLECTION SERVICES. WHEREAS, S, on September 25, 1990, the City of National City and EDCO Disposal Corporation ("EDCO") entered into an Agreement for Collection of Rubbish and Trash between the City of National City and EDCO Disposal Corporation ("Agreement") providing for refuse collection services; and WHEREAS, the Proposition 218 process requires that written notification of proposed rate adjustments be given to all affected property owners, and that those property owners are given a 6- day period in which to submit written protests if they oppose the proposed rate adjustments; and WHEREAS, pursuant to Proposition 218, on April 21 i 2023, a Public Notice was mailed to all property owners giving notice of the date, time and place wherein a Public Hearing would be held on the proposed rate adjustment; and WHEREAS, on June 6, 2023, the City Council held a Public Hearing on the proposed increases in rates; and WHEREAS, during the Public Hearing, the City Council heard and considered all oral objections and protests against the proposed increases in rates; and WHEREAS, prior to the conclusion of the Public Hearing, the City Clerk received all written protests to the proposed increases in rates; and WHEREAS, S, the City Clerk counted the written protests; and WHEREAS, written protests against the proposed increases in rates were not presented by a majority of the owners or the tenants; and WHEREAS, having no majority protest, on June 6, 2023, the City Council considered the rate adjustment as it relates to amending the Agreement; and WHEREAS, the Agreement was amended on June 22, 1993, pursuant to Resolution No. 93- 86; on November 9, 1993, pursuant to Resolution No. 93-176; on June 21, 1994, pursuant to Resolution No. 94-88; on September 16, 1997, pursuant to Resolution No. 97-119; on June 12, 2001, pursuant to Resolution No. 20 1- ; and on May 20, 2003, pursuant to Resolution No. 2 6 -6 ; June 21, 2005, pursuant to Resolution No. 2005-134 June 53 2007, pursuant to Resolution No. 2007-116; June 4, 2013 pursuant to Resolution No. 2 13- 9; and on June 2, 2015 pursuant to Resolution No. 2015-82, June 6, 2017 pursuant to Resolution No. 2017-87 and May 21, 2019 pursuant to Resolution No. 2019 - 76; May 18, 2021 pursuant to Resolution No.2021- 50; and WHEREAS, pursuant to Section 23 of the Agreement, titled "Applications for Rate Change", EDCO may apply annually for changes in the rates charged; and WHEREAS, EDCO has applied for an increase of $1.56 per month to the residential rate, and $8.11 per month to the standard commercial rate; and WHEREAS, the proposed increases are based on an increase in the tipping fees at the landfill, the increase in organic waste tonnage, the increase in revenue from recyclables sold, and the San Diego Consumer Price Index; and WHEREAS, California Government Code section 53756 permits that the rates be adjusted administratively over the next five years based on changes in the tipping fees at the landfill (increase capped at 5% per year), volume and cost of organic waste (increase capped at 6% per year), revenue from recyclables sold (not capped but historically impacts rate -3% to }1 % per year), and the San Diego Consumer Price Index (increase capped at 6% per year); and WHEREAS, Franchise Fees are proposed to increase from 10% to 12.5% over a four-year period as follows. On July 1, 2023 Franchise Fees will not increase, on July 1, 2024, Franchise Fees will increase 1 %, on July I , 2025, Franchise Fees will increase 0.5%, on July 1, 2026, Franchise Fees will increase 0.5% and on July 1, 2027, Franchise Fees will increase 0.5%; and WHEREAS, pursuant to Section 4 of the Agreement titled "Rates for Contractor's Services", EDCO shall charge no more than the maximum rate set forth in the Rate Schedule, which is set out in Exhibit "A" of the Agreement; and WHEREAS, the proposed Amendment to this Agreement is reflected in Exhibit "A"; and WHEREAS, the proposed increases in rates reflected in the Rate Schedules will be effective July 1, 2023. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: Section 2: Section 3: Finds, orders and declares that there was no majority protest of the proposed rate adjustment. Authorizes EDCO Disposal Corporation to increase the rates charged for refuse collection services, effective July 1, 2023, as set out in Exhibit "A" attached hereto and by this reference is incorporated herein and though set forth in full with the Rate Schedules titled "Residential Rates Adjustments" and "Commercial Rates Adjustments". Authorizes EDCO Disposal Corporation to increase the rates charged for refuse collection services using automatic formulary adjustments based on the fixed factors of landfill fees, organics waste volume, recycling amounts, and changes in the CPI, as detailed above, to determine the rates in years 2 through 5 for the five-year period of July 1, 2023 to June 30, 2028. Section 4: Section 5: ATTEST: Shelley Chapel, Authorizes the Mayor to execute the Amendment to the Agreement between the City of National l City anc EDGO Disposal Corporation. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolution. PASSED and ADOPTED this 6th day of J 2023. ornson, v ayor MC, City APPROVED AS TO FORM: Barry J. City Attor ey Passed and adopted by the City Council of the City of National City, California, on June 6, 2023 by the following vote, to -wit: Ayes: Bush, Rodriguez, Yamane, Molina, Morrison Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON ORR1SO Mayor of the City of National City, California BY: Shelley Chasel City Clerk of the City of National City, California (1/4? 01/10 Shiley Chapel, l EXHIBIT "A" Residentiat Rates Adjustment National Cily Rate Adjustment - July 13 2023 Gross Rate Revenue & Franchise hi Fees Gross Residential Rate Revenue Less ResIdential Franchise Fees 1 o Less Enterprise Fund (res portion) Residential Rate Revenue Net of Franchise and Ente 'rise Fund • Annual Amount ,4 022 ($2184602) 1 DO8 61.. Revenue : a nt (net of Franchise Fees) Revenue mi n nt (net of Franchise Fees) Residential Rate Revenue Net of Franchise Fees Less: Actual Residential refuse Disposal Expense Less: Actual Organic Waste Disposal (res portion) Add: Recycling Revenue(residential portion) Residential Service Revenue Annul Amount 1w90, 1 -$5812468 41074449 $681 722 1 #4 447 E�Ey�[iPL��c'J i :1t 1fi1€* III ' [II l*"IIH III � :lC.t1J Percentage of Rate Revenue Net of Franchise Fees 100.00% -30. 7% 3.14% 67,06% Adjustment Factor Old New Change Rate Component r Percent Chan q e . !SW!RSWA Disposal Tipping Fee per Ton $ 4.6.22.' 48,53 2,31 !Organics $ 1591.044 141,918 $ 071126)-10. 7% 1Recycling. v Increase / (Decrease) x 7 7 1125 $ 7. % ;CPI- San Diego 2nd Half index 4 S �3 ' '. 348,9 x1 14.1 % ic.P} A� q 1 - Revenue Components Refuse Disposal Organics Recycling Revenue (Increase}iDecrease Service Totals Service Residential Single Family Rile Senior Rate Silver Bag Multi family ii recycling per Unit Wei I hted l ercenta a chan e in acijt.Jstme K1 d st Component ht 0. 7% - ,14 67. 05% 100.00% Rate Component Percent Change TWatiTiORate Ad nit hted iercenta e chaage to id n i l Rates Current Monthly Rate $23,43 ,$18.75 $2. 87 $1.19 Weighted Rate Ad"ustment Rate Change 1.56 1.26 0.10 08 Adjusted Monthly Rate 24.99 20,00 3,06 1.27 Updated Allocation of current rate .ew Rats Allocation Service $13.72 $1, $15.36 Landfill $6.23 $0.31$6.54 Enterprise FWn 0. 6 $.04 $0.67 Recycling . 0. $1.1 Organics x12.) $1.03 Fee$1.15 Franchise (10%)$2.34 $0.16 Total Rate $23,43 $1.56$24.99 Commercial Rates Adjustment National CIty Rate Adjustment - July 10 2023 Gross Rate Revenue & FranchiseFees Gross Commercial Rate Revenue -2022 Less Grp Franchise Fees 1% Less Enterprise Fund (comm portion Commercial Rate Revenue Net of Franchise Fee and Ent ? rise Fund Revenuem nt (net of Franchise Fees) Commercial Rate Revenue Net of Franchise Fees Less: Actual Commercial Refuse Disposal Expense Less: Actual Organic Waste i l c rn portion) .Y Recycling Revenue co1m portion) Commercial Service Revenue Adjustment Factor RSWA Disposal Epping ee per Ton °wanks Recycling Revenue Increase (Decrease) CPI- San Diego 2nd Half index CULIRS49ESA0 Wei hted • Components tual Revenue Refuse Disposal des Recycling (IncreaseMecrease Bence Totals Annual Amount $4 t782 4125029 -$2183153 $139, 527 jr-^i4►w w-wlW.xh W`i—i4i=iWvi•lWiYW__war" IPierikl.A4 chatJL.agliRAcjitistment factors ernt Oki an T } 907. 305,8 New 48,53 2881138 1563581 34 e in ad ustment factors Component Weight 29.67% .1 % 41 looxo% EXHIBIT "A" Annual Amount 05713 $4V ., ) ($1 ) }233; 782 Percentage of Rate Revenue Net Franchise Fees Index Change } ( $ ) 74.., 487 Rate Component Percent Change 5 -10.77% 90,73% 12.00% 47 Rate Component Percent Change 5400 -10.77% '9 ,73 14.10% 1 , 0 Weighted :ate 48 - . %. ,% 6w1 3 Apply i t dd percentage change to Commercial Rakes _ _ _ _s __ __ _ _ _s _ _ x 4 __ _s , _ _sl 1 Service :__ 1 ' „ ___y _ss s __ _ _ s _ __ _ _ _ram._ __ _ �. _ _ _ _ Y s s y x • •.- - .- • Current Monthly Rate v •• _s _ _ Wei6.t hted c ti 1 Rate hange AdjitMonthly Rate Cu Yard x 1 Week .. . $131,64 6.1eg $ .11 $139.75 Service Landfill Enterprise Fund cycling Organics Franchise Fee (10%) Total Rate Update: Allocation of current rate $78,57 $34.04 $3.74 $5.91 $13.16 1 1464 Change Y 70 43) FT+rtf ($0.64) $0.82 x 1 Proposed New Allocatfon $354 74 $3.97 ($7.21) '.` $139.75