RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA SETTING RATES FOR OVERALL SOLID WASTE SERVICES AND ANNUAL CLEANUP CAMPAIGN SERVICES IN THE EXCLUSIVE FRANCHISE AREA BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, the City Council of the City of Santa Clara (“City”) has provided, by contract or with its own forces, certain garbage collection and disposal services, yard trimming and recycling collection, and the Annual Cleanup Campaign (“Solid Waste Services”) within the corporate limits of the City of Santa Clara; WHEREAS, City entered into an agreement entitled the “Agreement for Disposal of Municipal Solid Waste, dated March 7, 1989, with International Disposal Corporation of California (a wholly owned subsidiary of Browning Ferris Industries (BFI))”, (“Disposal Agreement”) as amended by Amendment No. 1 dated February 10, 1998, for cost of disposing of garbage and refuse collected in the City at Newby Island Landfill for a term commencing March 7, 1989, and terminating on December 31, 2024 (BFI’s successor in interest is “Republic Services”); WHEREAS, City entered into an agreement entitled “Agreement for Services Between the City of Santa Clara, California and GreenWaste Recovery, Inc.” (“Solid Waste Processing Agreement”), dated April 27, 2020, to process solid waste from the exclusive franchise area to recover recyclables and organic waste for a term commencing July 1, 2020, and terminating on June 30, 2036; WHEREAS, City entered into an agreement entitled “Agreement for Services Between the City of Santa Clara, California and Mission Trail Waste Systems, Inc.” (“Refuse Franchise Agreement”), April 27, 2020, to collect and transport solid waste from customers in the exclusive franchise area, excluding residential recyclables for a term commencing July 1, 2020, and terminating on June 30, 2036; WHEREAS, City entered into an agreement entitled “Agreement for Services Between the City of Santa Clara, California, and Recology South Bay DBA Recology Santa Clara” (“Residential Recycling Services Agreement”), February 5, 2020, for residential recycling collection services for a term commencing July 1, 2020, and terminating on June 30, 2036; WHEREAS, the overall adjustments to the monthly rates charged to customers for Solid Waste Services made by this Resolution do not in any way modify the rates of compensation which Mission Trail Waste Systems, Inc., GreenWaste Recovery, Inc., and Recology Santa Clara are entitled to under the Refuse Franchise and Residential Recycling Services Agreements; WHEREAS, a Solid Waste Rate Study was finalized on February 24, 2022 which analyzed the costs of service that comprise each monthly rate; WHEREAS, on April 7, 2022, the City timely mailed notices of a public hearing to property owners and rate payers of Solid Waste Services that detailed proposed rate adjustments in accordance with Article XIIID §6 of the California Constitution (Proposition 218); and, WHEREAS, on May 24, 2022, the City held a public hearing on the proposed adjustments to fees for Solid Waste Services, and there was no majority protest.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. In accordance with Article XIIID § 6 of the California Constitution and as set forth in the accompanying staff report, incorporated herein by reference:
A. The revenues derived from the Solid Waste Services rates, as stated in Table A, attached hereto and incorporated herein, do not exceed the funds required to provide solid waste programs.
B. The revenues derived from the Solid Waste Services rates will not be used for any purpose other than solid waste programs.
C. The Solid Waste Services rates charged will not exceed the cost of solid waste programs per parcel.
D. The Solid Waste Services rates are only charged for solid waste programs that are currently available.
E. The Solid Waste Services rates are not charged for general governmental services.
2. Notice of the proposed Solid Waste Services rates was mailed on April 7, 2022, more than 45 days prior to the public hearing on this matter, in compliance with Proposition 218.
3. A public hearing was conducted on May 24, 2022, regarding the proposed rates to be charged and all protests and other comments were considered.
4. The number of written protests by owners of parcels within the City against the increased rates were tabulated by City staff at the hearing and did not constitute a majority protest.
5. That following the public hearing, the City Council approves and adopts the rates for collection and disposal of garbage, yard trimming and recycling collection, and the Annual Cleanup Campaign, as set forth in Table A, incorporated here by reference.
6. That any and all amounts by which the fees set forth in Table A exceed monies paid to contractors that provide Solid Waste Services in accordance with their respective agreements, shall solely belong to City and shall constitute cost recovery for Solid Waste Services rendered by City.
7. That a true and correct copy of this Resolution shall be kept on file in the Office of the City Clerk and in the Municipal Services Division of the City Finance Department at all times in which the rates are operable or until replaced with any future adjusted monthly charges by the City Council and shall be open to public inspection during the regular hours of such offices.
8. That the adjusted monthly charges for Solid Waste Services described herein are ordered to be effective for utility bills issued for services rendered on and after July 1, 2022 and thereafter.
9. Effective date. This resolution shall become effective immediately.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 2022, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST: ______________________________
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference:
Table A – City of Santa Clara Rates for Collection and Disposal of Garbage, Yard Trimming and Recycling Collection, and the Annual Cleanup Campaign for Utility Bills Issued for Services Rendered on and After July 1, 2022
TABLE A
CITY OF SANTA CLARA
RATES FOR COLLECTION AND DISPOSAL OF GARBAGE,
YARD TRIMMING AND RECYCLING COLLECTION, AND THE ANNUAL CLEANUP CAMPAIGN, (Effective for utility bills issued for services rendered on and after July 1, 2022) I. RESIDENTIAL USERS:
A. All Occupancy Classes (separate line billing)
1. Annual Cleanup Campaign $6.28/month
2. Extra Bag Tag Pre-Paid Sticker Program for extra garbage bag setouts $6.58/bag tag
B. Single Occupancy (includes Multi-Family Complexes of 4 or Less Units) &
1. Regular service, (includes Yard Trimming Collection Service, and Recycling Services) single collection weekly:
a. One (1) thirty-two-gallon capacity garbage can
or Small Cart $46.18/month
b. One (1) twenty-gallon capacity super saver can
or Super Saver Cart $38.88/month
c. Two (2) thirty-two-gallon capacity garbage cans
or Medium Cart $68.61/month
d. Three (3) thirty-two-gallon capacity garbage cans
or Large Cart $90.90/month
e. Additional thirty-two (32) gallon container $25.95/month C. Multi-Family Occupancies where Yard Trimming Collection Services Provided:
Regular service, single collection weekly:
1. First dwelling unit (includes Yard Trimming and Recycling Collection Services):
a. One (1) thirty-two-gallon capacity garbage can
or Small Cart $46.18/month
b. One (1) twenty-gallon capacity Super Saver
Cart. Only for duplexes with individual billing
and where carts are set out at each residence. $38.88/month c. Two (2) thirty-two-gallon capacity garbage cans
or Medium Cart $68.61/month
d. Three (3) thirty-two-gallon capacity garbage cans
or Large Cart $90.90/month
2. Each additional dwelling unit exceeding one (1) unit (includes recycling charge, but not Yard Trimming Collection Service charge) $32.62/month
3. For each additional thirty-two-gallon capacity container $25.95/month
4. Recycling Service: (first unit includes recycling charge automatically) All residential dwellings are required to have recycling services. The monthly charge is unbundled for additional units after the first unit. $6.67/month/unit weekly lift
5. Each additional weekly lift of recycling container. $6.67/month/unit weekly lift D. Townhouses – garbage and recycling provided (recycling not bundled into rate, but billed as a separate line item on utility bill); no Yard Trimming Collection Services:
1. Regular service, single collection weekly:
a. One (1) thirty-two-gallon capacity garbage can
or Small Cart $25.95/month
b. One (1) twenty-gallon capacity super saver
garbage can or Super Saver Cart only where can
setout and billed individually at each residence $18.65/month c. Two (2) thirty-two-gallon capacity garbage cans
or Medium Cart $48.38/month
d. Three (3) thirty-two-gallon capacity garbage cans
or Large Cart $70.67/month
e. Additional thirty-two (32) gallon capacity
container $25.95/month
2. Recycling Service, single collection weekly, additional charge per participating dwelling unit $6.67/month/unit weekly lift E. Yard Trimming Collection Service $13.56/month/unit II. COMMERCIAL AND INSTITUTIONAL ESTABLISHMENTS; AND RESIDENTIAL
APARTMENT COMPLEXES (WHERE DWELLING UNITS NOT SERVED SEPARATELY) A. Regular Garbage Cart Service: Variable
CONTAINER
SIZE
ONE TO SIX COLLECTIONS PER WEEK
(CAPACITY)
ONE
TWO
THREE
FOUR
FIVE
SIX
One 32-gallon capacity can, or Small Cart
$26.33
$52.65
$78.99
$105.29
$131.66
$157.97
Two 32-gallon capacity cans, or Medium Cart
$49.12
$98.15
$147.30
$196.42
$245.47
$294.57
Three 32-gallon capacity cans, or Large Cart
$71.86
$143.72
$215.59
$287.41
$359.26
$431.13
Each additional
32-gallon capacity container
$26.09
$52.18
$78.25
$104.34
$130.47
$156.52
Rates shown applicable where no Recycling or Clean Green collection services provided.
Notwithstanding the above, in no event will the minimum charge for service for commercial and institutional establishments be less than $26.33.
B. Regular Recycling Cart Service: Variable
Contractor bills customers for commercial recycling services directly, not the City. Per Exhibit A, Section 3.C.v. of Agreement, if a commercial customer requires more than 96 gallons of recycling service per week, Contractor shall charge customer up to a maximum of the corresponding tariff level for the specific container and service level, plus ten percent (10%) for billing and franchise fees. Contractor shall retain five percent (5%) for billing and remit five percent (5%) to City on a quarterly basis, along with its non-exclusive franchise fees. Rates below include the ten percent (10%) markup.
CONTAINER
SIZE
ONE TO SIX COLLECTIONS PER WEEK
(CAPACITY)
ONE
TWO
THREE
FOUR
FIVE
SIX
First 96-gallon container
None
$72.77
$109.15
$145.50
$181.87
$218.26
Each additional 96-gallon container
$36.11
$72.77
$109.15
$145.50
$181.87
$218.26
C. Source Separated Food Scrap and Organic Waste Service
CONTAINER
SIZE (CAPACITY)
FOOD SCRAP RECYCLING
COLLECTIONS PER WEEK
ONE
TWO
THREE
FOUR
FIVE
First 64-gallon container (collection rate)
$26.81
$53.52
$80.35
$107.18
$133.91
Each additional 64-gallon container (collection rate)
$26.49
$52.94
$79.40
$105.88
$132.44
Processing cost per container
$7.55
$14.86
$22.15
$29.45
$36.74
Contractor bills customers for food scrap recycling services (collection and processing) directly. Collection rates above include ten percent (10%) for billing and franchise fees. Contractor shall retain five percent (5%) for billing and remit five percent (5%) to City on a quarterly basis, along with its non-exclusive franchise fees. Contractor shall invoice City on a monthly basis for processing costs. Processing cost per container include ten percent (10%) for billing and franchise fees.
D. Front Load Bin Garbage Service (loose – not compacted): Variable, for commercial, institutional, and residential multi-family occupancy customers; monthly charge (for weekly collections) with container furnished by Contractor.
BIN SIZE
(Cubic Yards) ONE TO SIX COLLECTIONS PER WEEK NOTEREF _Ref230432393 \h \* MERGEFORMAT 4 ONE
TWO
THREE
FOUR
FIVE
SIX
1 $155.53
$308.40
$458.72
$606.41
$754.11
$899.19
1½
$216.07
$430.55
$637.65
$840.09
$1044.20
$1243.78
2 $276.57
$547.99
$819.41
$1080.69
$1341.44
$1607.69
3 $398.92
$786.90
$1165.04
$1533.13
$1906.66
$2277.09
4 $517.93
$1025.17
$1523.57
$2002.46
$2488.31
$2941.91
6 $740.22
$1470.06
$2166.10
$2862.13
$3558.15
$4255.17
8 $957.96
$1911.85
$2869.85
$3721.72
$4628.00
$5566.44
E. Front Load Bin Garbage Service (Compacted): Variable, for commercial, institutional, and residential multi-family occupancy customers; monthly charge (for weekly collections) with container furnished by Contractor.
BIN SIZE
(Cubic Yards) ONE TO SIX COLLECTIONS PER WEEK NOTEREF _Ref230432393 \h \* MERGEFORMAT 4 ONE
TWO
THREE
FOUR
FIVE
SIX
1 $244.37
$486.08
$725.24
$961.77
$1198.31
$1432.23
1½
$349.33
$697.07
$1037.43
$1373.13
$1710.50
$2043.34
2 $454.25
$903.35
$1352.45
$1791.41
$2229.84
$2673.77
3 $665.44
$1319.94
$1964.60
$2599.21
$3239.26
$3876.21
4 $873.29
$1735.89
$2589.65
$3423.90
$4265.11
$5074.07
6 $1273.26
$2536.14
$3765.22
$4994.29
$6223.35
$7453.41
8 $1668.68
$3333.29
$5002.01
$6564.60
$8181.60
$9830.76
F. Front Load Bin Recycling Service: Variable, for commercial, and institutional customers; monthly charge (for weekly collections) with container furnished by Contractor.
Contractor bills customers for commercial recycling services directly, not the City. Per Exhibit A, Section C. (v.) of Agreement, if a commercial customer requires more than 96 gallons of recycling service per week, Contractor may charge customer. Contractor shall retain five percent (5%) for billing and remit five percent (5%) to City on a quarterly basis, along with its non-exclusive franchise fees.
BIN SIZE
(Cubic Yards)
ONE TO SIX COLLECTIONS PER WEEK
ONE
TWO
THREE
FOUR
FIVE
SIX
1 $82.04
$160.85
$236.53
$308.99
$381.47
$450.74
1½
$118.25
$234.60
$341.90
$443.51
$547.15
$645.27
2 $154.44
$302.59
$450.74
$586.50
$721.59
$863.41
3 $228.43
$443.51
$646.54
$837.29
$1034.69
$1228.32
4 $298.34
$583.64
$858.11
$1108.75
$1367.88
$1587.62
6 $418.95
$825.23
$1190.17
$1555.10
$1920.05
$2286.20
8 $533.99
$1063.01
$1597.06
$2001.37
$2472.21
$2982.34
G. Front Load Bin Source Separated Food Scrap and Organic Waste Service
FOOD SCRAP RECYCLING
BIN
COLLECTIONS PER WEEK
SIZE (CAPACITY)
ONE
TWO
THREE
FOUR
FIVE
One (1) cubic yard (collection rate)
$82.04
$160.85
$236.53
$308.99
$381.47
Processing cost per one (1) cubic yard container
$23.55
$46.59
$69.61
$92.64
$115.67
Three (3) cubic yards (collection rate)
$228.43
$443.51
$646.54
$837.29
$1034.69
Processing cost per three (3) cubic yard container
$69.88
$138.96
$208.05
$277.13
$346.23
Contractor bills customers for food scrap recycling services directly. Contractor shall retain five percent (5%) for billing and remit five percent (5%) to City on a quarterly basis, along with its non-exclusive franchise fees. Contractor shall invoice City on a monthly basis for processing costs. Processing cost per container includes ten percent (10%) for billing and franchise fees.
H. Roll-Off Bin Garbage and Construction and Demolition Service: Per collection with roll-off container furnished by Contractor and front loader compactor bin furnished by customer. The rates specified below do not include recycling/disposal costs. Customer shall be billed by Contractor for the actual charges incurred by the Contractor for recycling and/or disposal of collected contents plus ten percent (10%) markup for billing and franchise fees. This 10% markup is included in the rates below.
BIN SIZE/CAPACITY
OPEN (Loose) CONTAINER
(per cubic yard)
COMPACTED (Closed)
CONTAINER
(per cubic yard)
10 cubic yards or less
$37.04
$48.79
11 to 15 cubic yards
$37.04
$42.34
16 to 20 cubic yards
$33.80
$38.68
21 to 29 cubic yards
$30.96
$38.68
30 cubic yards
$26.09
$38.68
31 to 39 cubic yards
$24.69
$38.68
40 cubic yards & over
$23.90
$38.68
Demurrage charge (one-week extension without collection) $64.70/week
$64.70/week
III. SPECIAL CHARGES
Provided by Mission Trail Waste Systems and Billed to Customer by City:
1. Manual Front-Load Bin Push/Pull Charges
RATE LEVEL
ONE-WAY DISTANCE
RATE
L-1
6 to 20 feet
$29.78
L-2
21 to 40 feet
$38.86
L-3
41 to 60 feet
$57.91
L-4
61 to 80 feet
$69.08
L-5
81 to 100 feet
$96.40
L-6
101 to 120 feet
$126.60
L-7
121 to 140 feet
$156.40
L-8
141 to 160 feet
$184.50
L-9
161 to 180 feet
$214.29
L-10
181 to 200+ feet
$240.37
2. Lock Bar/ Lock Jam Front Load Services
One-time installation fee, including one (1) lock:
$87.70
3. Purchase of Lock
Per each, includes delivery of lock:
$41.37
4. Front-Load Bin Steam Cleaning - Per occurrence, not include once per year annual cleaning:
$105.10
Provided by Mission Trail Waste Systems and Billed to Customer by Contractor:
1. Roll-Off Bin Steam Cleaning - Per occurrence not including once per year annual cleaning:
$515.12*
2. Saturday Service Roll-Off Bin - Per occurrence:
$560.65*
3. “Emergency” Roll-Off Load Collection on a Weekday- Per driver hour with one (1) hour minimum charge:
$300.35*
4. Relocation of Roll-Off Bin - Per driver hour with one (1) hour minimum charge:
$300.35*
5. Roll-Off Driver Time - Per driver hour with one (1) hour minimum charge:
$300.35*
6. Counter-balance Front-Load Covered Bin (Premium charge paid by Customer – availability limited to 100 bins total) $11.88/unit/month
7. Special Charges for return trips, non-scheduled collections, overages, and contamination:
Monthly collection charge for cart or bin size multiplied by 12, divided by 52, and multiplied by 1.5 per occurrence
8. Illegal bin removal and storage fee:
$326.49* plus disposal cost per occurrence
* Roll-off bin special services charges include markup of ten percent (10%) for billing and franchise fees. Contractor shall retain five percent (5%) for billing and remit five percent (5%) to City on a quarterly basis.
Provided by Recology for Residential Recycling Customers:
Manual Push/Pull Charges (first 10 feet complimentary): $1.00 per foot moved Front Loading Bin Cleaning Charge: $125.00 per cleaning Driver-time Reimbursement: $95.00 per hour
Lock-Jam Bin Installations: $75.00 flat fee
Charge to Service Contaminated Toter: $125.00 flat fee per container Charge to Service Contaminated Front-Loading Bins: $25.00 flat fee per container Charge to haul compactor: $512 per haul **
** Contractor provides billing and collection for compactor hauling services.
Exemption with no charge to residence with limited space based on determination by Deputy Director of Public Works.
Last two weeks of each year, encompassing the Christmas holiday and the week following, single occupancy customers may set out up to four (4) extra thirty-two (32) gallon garbage bags total (two per week) at no extra charge.
Low income rate discount of $10.00 per month for single-family and townhouse customers that qualify for Silicon Valley Power’s Rate Assistance Program.
For complexes with recycling services, add $6.67 per unit per month charge.
Resolution/Solid Waste Rates Page PAGE 1 of 13
Rev: 11/22/17
Ordinance/*Insert brief description Page PAGE 1 of *
Rev: 03-09-10; Typed: *Insert date