HomeMy WebLinkAbout2021-05-25 - AGENDA REPORTS - FRANCHISED WASTE HAULER RATE AGMT (2)Agenda Item: 14
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CITY OF SANTA CLARITA AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL:1
DATE: May 25, 2021
SUBJECT: FRANCHISED WASTE HAULER ANNUAL RATE ADJUSTMENT
DEPARTMENT: Neighborhood Services
PRESENTER: Darin Seegmiller
RECOMMENDED ACTION
City Council:
Adopt a resolution approving the Tenth Amendment to the Amended and Restated
Agreement between the City of Santa Clarita and USA Waste of California, Inc., for
residential solid waste management services, allowing the following adjustments A) single-
family residential standard service rates based on Section 6.5.1 Annual Rate Cap, as outlined
in the Residential Franchise Agreement, and B) multi -family residential rates and special
services by 2.22 percent, based on both the formula outlined in the Residential Franchise
Agreement and extraordinary adjustments, subject to City Attorney approval.
2. Adopt a resolution approving the Ninth Amendment to the Amended and Restated
Agreement between the City of Santa Clarita and Burrtec Waste Industries, Inc., for
commercial solid waste management services, allowing the following adjustments A) solid
waste and organic rates by 2.34 percent, based on the formula outlined in the Commercial
Franchise Agreement and extraordinary adjustments, and B) an additional 3.57 percent to
account for the deferred adjustment from the May 2020 rate adjustment.
BACKGROUND
In November 2003, the City Council selected USA Waste of California, Inc., (Waste
Management) as the exclusive hauler for residential solid waste management services and
Burrtec Waste Industries, Inc., (Burrtec) as the exclusive hauler for commercial solid waste
management services.
Pursuant to their respective franchise agreements, the haulers may request rate adjustments each
year. The "Annual Rate Adjustment" is calculated by using a formula that is based on price
indexes, including labor, fuel, equipment, and disposal. In addition, the franchise agreements
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each contain provisions that allow the haulers to request an "Extraordinary Adjustment" in the
event of extraordinary changes in the cost of providing service. Such changes may include an
increase in tipping or processing fees for solid waste or recycling, as a result of new fees
imposed by federal, state, or local regulatory agencies.
While consideration is afforded for extraordinary circumstances, both of the agreements include
an "Annual Rate Cap" that limits the total adjustment to five percent per year. Furthermore, the
agreements contain a "Santa Clarita Valley Rate Cap," which states that the City of Santa Clarita
(City) single family residential rates shall remain below the rates of franchised collection
services provided by Los Angeles County (County) in unincorporated Santa Clarita Valley. Any
unrealized increases as a result of these caps may be carried forward until they are fully applied.
Burrtec and Waste Management have submitted requests for annual rate adjustments in rate year
2021-2022.
Waste Management - Single Family Residential Rates 2021-22
In past years, increases to the single-family rates have been restricted by the Santa Clarita Valley
Rate Cap and the Annual Rate Cap. These rate caps have resulted in an unrealized rate deficit of
14.47 percent. Calculation of the 2021-22 Annual Rate using the methodology in the Franchise
Agreement would increase the rate by 2.22 percent and brings the un-capped potential rate
increase to 16.69 percent.
On March 30, 2021, Waste Management requested a rate increase to match the proposed County
residential rate. In January 2021, the County rates increased by almost 10 percent, and it is
anticipated that the County's annual rate may incur another increase in July 2021.
However, staff recommends the Council approve a 5 percent increase to the City's single-family
residential rate for the 2021-22 rate year, consistent with the Annual Rate Cap, Section 6.5.1 of
the Agreement. If approved, the monthly single-family service rate would increase from $23.87
to $25.06 per month.
Waste Management - Multi -Family Residential Rates 2021-22
Waste Management also requested an annual rate adjustment for multi -family and special
services. Using the prescribed methodology, the rate adjustment has been calculated to be 2.22
percent. Staff recommends the Council approve a 2.22 percent adjustment to the multi -family
residential rates and special services.
Burrtec - Commercial Rates 2020-22
On March 31, 2020, Burrtec requested a rate adjustment of 3.57 percent. However, in response to
the COVID-19 pandemic and with their customers in consideration, Burrtec requested a deferral
of their 2020 annual rate adjustment due to the unknown impacts of COVID-19 on businesses in
Santa Clarita.
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On March 25, 2021, Burrtec requested a 5.91 percent rate increase for commercial services,
which is a combination of the deferred 3.57 percent allowed by the agreement in 2020 and a 2.34
percent allowed for 2021. This request is consistent with the annual rate adjustment methodology
identified in the Franchise Agreement. The methodology is based on national price indices such
as labor, fuel, equipment, and disposal. Staff recommends the Council approve a 5.91 percent
rate increase for commercial services, which would bring the cost of servicing a three -yard bin
one time a week from $123.98 to $131.41 per month.
Annual Rate Adjustment 2020-21 3.57%
Annual Rate Adjustment2021-22 2.34%
Total Requested Adjustment 5.91%
Burrtec - Residential Rates 2021-22
The California Public Resources Code (PRC) governs the continuation of solid waste services
after an annexation and grants the preexisting service provider with the option to continue
servicing the given area. On December 10, 2019, the City Council approved and entered into a
Continuation Rights Agreement with Burrtec to provide waste services to newly annexed areas
Plum Canyon, Skyline Ranch, and North Sand Canyon.
The terms of this agreement authorize the administrative approval of rate adjustments on an
annual basis as prescribed by the County's methodology based on national price indices such as
labor, fuel, and disposal. Per the agreement, Burrtec must provide all customers a minimum of
30-days written notice of the implementation of changes in any service fees.
On January 1, 2021, the County granted an extraordinary rate increase for residential rates,
which would increase rates by approximately 10 percent from $23.88 to $26.24 per month for
residents in the unincorporated areas of the Santa Clarita Valley. While Burrtec is entitled to the
same rate adjustment in the annexed areas of the City, they have chosen to postpone that increase
until the annual rate adjustment on July 1, 2021. This increase is separate from the annual rate
adjustment. At this time, City staff do not have the rate adjustment data from the County to
determine the rate for year 2021-22.
The final adjusted rates will not be implemented until the new County rates take effect. Once the
rate adjustment for the County has been finalized, a memo will be provided to the City Council,
detailing the single-family standard service rates for the recently annexed areas.
ALTERNATIVE ACTION
Other action as determined by the City Council.
FISCAL IMPACT
None by this action.
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ATTACHMENTS
Waste Management Resolution - Tenth Amendment
Waste Management Rate Methodology
Waste Management Request
Burrtec Resolution - Ninth Amendment
Burrtec Rate Methodology 2020
Burrtec Rate Methodology 2021
Burrtec Request
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RESOLUTION 21 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, APPROVING THE TENTH AMENDMENT OF THE AMENDED
AND RESTATED AGREEMENT BETWEEN THE CITY OF SANTA CLARITA
AND USA WASTE OF CALIFORNIA, INC. (WASTE MANAGEMENT), FOR
RESIDENTIAL SOLID WASTE MANAGEMENT SERVICES
WHEREAS, the City of Santa Clarita (City) is empowered under Section 7 of Article 11
of the California Constitution to make and enforce, within its limits, all police and sanitary
ordinances and regulations not in conflict with general laws; and
WHEREAS, in partial implementation of Section 7 of Article 11 of the California
Constitution, California Public Resources Code Section 40059 authorizes the City to determine
all aspects of handling of solid waste that are of local concern, including the frequency of
collection, means of collection and transportation, level of services and nature, location, and
extent of waste handling services; and
WHEREAS, on November 20, 2003, the City and USA Waste of California Inc., (Waste
Management), entered into that certain "Agreement Between the City of Santa Clarita and USA
Waste of California, Inc., for Residential Solid Waste Management Services" (Agreement); and
WHEREAS, on May 24, 2011, the City Council directed staff to execute an Amended
and Restated Agreement Between the City of Santa Clarita and USA Waste of California, Inc.;
and
WHEREAS, pursuant to Section 6.3 of the Amended and Restated Agreement Between
the City of Santa Clarita and USA Waste of California, Inc., Waste Management is entitled to
pursue an annual adjustment to its maximum rates for the rate year commencing on July 1, 2021
to June 30, 2022; and
WHEREAS, the City and Waste Management desire to amend the Amended and
Restated Agreement Between the City of Santa Clarita and USA Waste of California, Inc., by
increasing the maximum rates as outlined in Sections 6.3 and 6.4 of the Amended and Restated
Agreement Between the City of Santa Clarita and USA Waste of California, Inc.
NOW, THEREFORE, the City Council of the City of Santa Clarita, California, does
hereby resolve as follows:
SECTION 1. The "Tenth Amendment of the Amended and Restated Agreement Between
the City of Santa Clarita and USA Waste of California, Inc., for Residential Solid Waste
Management Services" (Tenth Amendment), a copy of which is attached hereto, is hereby
approved. The City Manager is authorized to execute the Tenth Amendment on behalf of the
City.
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SECTION 2. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED this 25th day of May 2021
MAYOR
ATTEST:
CITY CLERK
DATE:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing
Resolution 21- was duly adopted by the City Council of the City of Santa Clarita at a
regular meeting thereof, held on the 25th day of May 2021, by the following vote:
AYES: COUNCIL,MEMBERS:
NOES: COUNCIL,MEMBERS:
ABSENT: COUNCIL,MEMBERS:
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CITY CLERK
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TENTH AMENDMENT OF THE AMENDED AND RESTATED
AGREEMENT BETWEEN THE CITY OF SANTA CLARITA, CALIFORNIA,
AND USA WASTE OF CALIFORNIA, INC., (WASTE MANAGEMENT) FOR
RESIDENTIAL SOLID WASTE MANAGEMENT SERVICES
This TENTH AMENDMENT OF THE AMENDED AND RESTATED
AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND USA WASTE OF
CALIFORNIA, INC., (WASTE MANAGEMENT) FOR RESIDENTIAL SOLID WASTE
MANAGEMENT SERVICES, (Tenth Amendment) is entered into this day of _
2021, between the City of Santa Clarita, California, a California municipal corporation
(City) and USA Waste of California, Inc., a California corporation to amend that certain
"Amended and Restated Agreement Between the City of Santa Clarita and USA Waste of
California, Inc., for Residential Solid Waste Management Services."
RECITALS
WHEREAS, the City is empowered under Section 7 of Article 11 of the California
Constitution to make and enforce, within its limits, all police and sanitary ordinances and
regulations not in conflict with general laws; and
WHEREAS, in partial implementation of Section 7 of Article 11 of the California
Constitution, California Public Resources Code Section 40059 authorizes the City to determine
all aspects of handling of solid waste that are of local concern, including the frequency of
collection, means of collection and transportation, level of services and nature, location, and
extent of waste handling services; and
E
WHEREAS, on November 20, 2003, the City and USA Waste of California, Inc.,
(Waste Management) entered into that certain "Agreement Between the City of Santa Clarita
and USA Waste of California, Inc., (Waste Management) for Residential Solid Waste
Management Services;" and
WHEREAS, on May 24, 2011, the City Council directed staff to execute an Amended
and Restated Agreement Between the City of Santa Clarita and USA Waste of California, Inc.;
and
WHEREAS, pursuant to Section 6.3 of the Amended and Restated Agreement, Waste
Management is entitled to pursue an annual adjustment to its maximum rates for the rate year
commencing on July 1, 2021; and
WHEREAS, the City and Waste Management desire to amend the Amended and
Restated Agreement by adjusting the maximum rates as outlined in Section 6.3 and 6.4 of the
Amended and Restated Agreement.
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NOW, THEREFORE, the City and Waste Management in consideration of their
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mutual promises, amend the Amended and Restated Agreement as follows:
SECTION 1. Exhibit 2 of the Amended and Restated Agreement shall be
amended to contain the following maximum rates commencing July 1, 2021:
• Standard Service Rate $25.06 per month
• Reduced Rate for no Greenwaste services $22.96 per month
• Reduced Rate for Super Saver/Senior/Lifeline Customers $20.06 per month
• Mobile Home Service Rate $18.80 per month
The multi -family rates will be as follows:
Container
Size
Number of Weekly Pickups
1
2
3
4
5
6
7
1.5 yd3
$82.45
$164.89
$247.36
$329.76
$412.22
$494.66
$577.12
2 yd3
$87.89
$175.75
$263.62
$351.54
$439.37
$527.25
$615.14
3 yd3
$98.74
$197.43
$296.20
$394.93
$493.64
$592.41
$691.12
4 yd3
$109.56
1 $219.20
1 $328.74
$438.32
$547.90
$657.53
1 $767.10
Special Services
Costs
Street Litter Carts
$24.24 per set per month
Restart Charge
$24.67
Refuse Overage Extra Pickup
$8.24 per pickup
Extra Trash Cart
$16.44 month
Locking Bin
$16.45 per bin per month
Bulk Billing Discount
8%
Extra Bulky Item Pickup
$32.90 per pickup
Additional Bin Cleanings
$57.55 per cleaning
Extra Bin Empties
$57.55 per empty
Compactor Rates
2x comparable bin rate
Late Fees
1.5%per month
Emergency Services
$115.16 per hour
Manure Collection
100% of comparable multifamily bin refuse rate
Prepayment Discount
One month free with 11 months prepaid
SECTION 2. Except as expressly amended herein, all provisions of the Amended and
Restated Agreement are and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first above written.
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CITY OF SANTA CLARITA
A California Municipal Corporation
Kenneth W. Striplin
City Manager
ATTEST:
Mary Cusick
City Clerk
APPROVED AS TO FORM:
Joseph Montes
City Attorney
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14.a
WASTE MANAGEMENT
IM
[CEO, President, Chairman of the Board or any
Vice President]
And By:
[The Secretary, any assistant secretary, CFO
or any assistant treasurer]
State of California )
County of )
On before me,
Date Here Insert Name and Title of the Officer
Name(s) of
Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official
seal.
Place Notary Seal Above
Signature
Signature of Notary Public
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March 30, 2021
Mr. Curtis Williams, Solid Waste Administrator
City of Santa Clarita
23290 Valencia Boulevard
Santa Clarita, CA 91355
RE: 2021 Rate Adjustment Review
Dear Mr. Williams:
In accordance with Article 6.3 of the Amended and Restated Agreement between the City of
Santa Clarita and WM, we respectfully request an annual adjustment of service rates.
Additionally, as we look to the future and our joint preparations to meet changes in law
beginning January 2022, we are requesting a resolution to the ongoing financial distress of the
franchise, so we are collectively positioned to best serve residents.
Annual Rate Cap — Proposed One Time Waiver of Annual Rate Cap
As both the City's solid waste consultant, R3, and the City's commercial waste hauler, Burrtec
Waste Industries, have previously confirmed, the annual increases in the cost of providing
waste and recycling services in Santa Clarita greatly exceed the allowances provided by rate
adjustment formulas and the rate cap limitations included in the franchise agreements. For this
reason, at their December 10, 2019 meeting, City Council accepted the staff recommendation to
rescind the Annual Rate Cap and provide a mid -year extraordinary adjustment to commercial
(non-residential) service rates.
Since then, we have worked in good faith to review the similar challenges faced within the
residential and multifamily service rate structure. Out of consideration for the potential confusion
a mid -year adjustment may have on residents, we have delayed any formal requests for special
consideration to coincide with this annual adjustment process. At this time, we would request
that the Annual Rate Cap be rescinded for this rate year and rates be adjusted to the maximum
allowed under the Santa Clarita Valley Rate Cap. This action is critical to sustaining the services
currently provided under the franchise and an important step in building a foundation for
compliance and expanded offerings required for SB 1383.
Summary of Requests
Residential Adjustments
Calculated 2021 Adjustment for Residential Cart Service: 2.22%
Cumulative Carryover Adjustment for Residential Cart Service from 2015-2020: 14.47%
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Total Proposed Adjustment for Residential Cart Service: 16.69%
Multifamily & Special Services Adjustments
Calculated 2021 Adjustment for Multi -Family Rates and Special Services: 2.22%
Total Proposed Adjustment for Multifamily & Special Services: 2.22%
In addition to the rate adjustments, WM proposes the following amendments and additions to
the scope of services and rates as stated in the Agreement:
Update I ulll-flifamliillly Se Bice Rates -to Reflect Current Se Bice Costs
Historically, multifamily bin services have been provided at similar rates to commercial (non-
residential) rates for the same container size and frequencies of services. Two rate studies
conducted in 2019 by the City's consultant, R3, concluded the rates for all services citywide
were inadequate to sustain the respective franchises, particularly those for multifamily and
commercial bin services.
When the City made immediate efforts to assist their commercial franchisee by providing an
unprecedented mid -year increase to non-residential service rates, it created a significant
imbalance with multifamily rates. For similar container sizes and service frequencies, multifamily
service rates now represent a 12.99-32.30% discount to commercial rates for similar services.
Additionally, where the commercial franchise agreement allows for additional value-added
services to be provided for a separate charge, such as green waste collection, the residential
and multifamily franchise agreement requires these services to be provided to multifamily
customers at no charge.
Taken together, the substantially lower multifamily service rates and host of included service
benefits have led to a perception of inequity between its commercial and residential franchises
and created a confusing situation for customers of both providers.
RECOMMEDATION
We recommend that the City immediately undertake step to review multifamily service rates in
relation to those of comparable commercial services.
Address Ilncliidents of Overfiiilllllled and Contamliinated Resiiidentiialll Contdiiner°s
As the City's environmental partner, WM continues to identify issues that negatively impact
community health, safety and appearance. One area of growing concern are instances of
overfilled and contaminated residential recycle, green waste and trash containers. Overfilled
containers present a safety hazard to service and a burden to street sweeping resources, while
contaminated containers could result in load fires or entire recycling or green waste loads that
must be disposed of as trash.
Fortunately for Santa Clarita, we have developed WM Smart Truck, an automated system that
captures a digital video or image record of each individual container service, reviews the record
for data accuracy and then notifies the customer of any issues that either prevented the
container from being serviced or resulted in a recycling or green waste container's contents
needing additional sorting or disposal.
To launch WM Smart Truck, it will be necessary to modernize and expand the current process
outlined in the agreement to reflect best practices, upcoming regulations and customer
expectations.
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First, the current process does not include overfilled 64- or 96-gallon recycle, green waste or
trash containers. As these container types and sizes represent the majority of Santa Clarita's
residential container inventory and it is possible to fill them to excess either by weight or
capacity to the point where they cannot be safely and/or physically serviced, it would be
appropriate to include them within the scope of the process.
Second, the forms of communication prescribed for notifying customers of contamination or
overage incidents does not include verbal or digital forms, such as phone, email or text
message, in lieu of a physical tag or mailed letter. Considering the high likelihood that a tag or
letter may be lost or not otherwise reach the intended recipient, alternatives should be included
in the process.
Finally, the current resolution processes to address chronic instances of contamination and
overfilled containers are dissimilar, include multiple and different types warning notifications,
uncertain timelines, minimal penalties and unclear remedies. As a result, despite the
comparatively labor intensive and costly efforts, the process is often inadequate to address the
situation in a timely manner.
Recommendation:
We recommend updating the process to address instances of overfilled and contaminated
residential containers using WM Smart Truck. This includes expanding the program to all
residential containers, allowing for the use of digital communication with residents and, if
warranted, assess reasonable penalties for repeat incidents to change behaviors.
By implementing WM Smart Truck for residential containers, the City will create a more
convenient solution to safely completing services and educating residents about proper
container usage. Not only will this result in tidier neighborhoods, it will also assist the City in
complying with the forthcoming monitoring requirements of SB 1383.
Increase IFenalll-fles for° Over°fillllllliing and Contamliina-fing Bins
Since 2017, WM has asked for the City's assistance to address the inadequate penalties for
excessive instances of recycling contamination (trash in recycling containers) and overfilled
containers among multifamily bin customers. This continues to result in customers declining to
right -size their service because the penalty charge is less than the equivalent increase in
service level. This ruins otherwise recyclable materials and creates potentially unsafe and
unsanitary living environments for residents and hazardous working conditions our drivers.
For example, if a customer had one four cubic yard container serviced once per week, the
monthly charge would currently be $107.18 or $1,286.16 per year. If that customer overfilled the
bin an average of 1.8 times per month, or 22 times per year (42% of all annual services), the
resulting annual charges for both service and overages would be $2,524.76. This is $48.52 less
than increasing the service to two times per week at a monthly charge of $214.44 or $2,573.28
per year.
RECOMMEDATION
To curb these chronic issues, we recommend the per incident penalty charge be increased from
$56.30 to $100.00 and warnings be eliminated altogether. This removes the financial incentive
to under -service multifamily properties and chronically abuse no -charge recycling services.
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Adopt a in SII�'.t 1I383 '.'oirnlplliiiaince Plain a and IIPiroviiide Associated IDiiurectliioin
With the adoption of the "Short-lived Climate Pollutants (SLCP): Organic Waste Reductions" law
in 2016, better known as Senate Bill (SB) 1383, California has initiated its most comprehensive
revision to solid waste and recycling programs in more than three decades.
Under SB 1383, on or before January 1, 2022, the City of Santa Clarita will need to do the
following:
• Adopt required ordinances and policies (a sample SB 1383 introductory ordinance has
been provided as a courtesy for review)
• Implement an organics collection program for all generators, including all residential
dwellings
• Establish a community edible food recovery program
• Formalize the City's organic materials procurement policies
• Begin waste generator monitoring and enforcement activities
• Conduct SB 1383 public education and outreach
• Compile and submit associated recordkeeping and reporting
RECOMMENDATION
Because SB 1383 regulations represent a change in law and are not included within the existing
agreement's scope of services, we strongly urge the City to prepare a compliance plan and
provide specific direction on the items it wishes to delegate, if any. These items would then
need to be included in a future amendment to the agreement.
Supporting Sainta Clairita's II°liiglh Quality of II,,,.iife
WM is proud to be the City's longtime partner in the areas of environmental programming,
sustainability and community education. As we look to the future, we would like to take this
opportunity to highlight just a few of our mutual successes:
• Illegal Dumping Clean Up — We help to keep Santa Clarita beautiful by removing more
than 2.3 million pounds of abandoned items from streets and sidewalks in 2020
• Sharps Home Delivery Program — 2,200 Santa Clarita residents have been able to
dispose of their sharps, lancets and needles through WM's convenient mail -back
container system
• Neighborhood Cleanup and Online Environmental Expo — Despite the challenges of the
COVID-19 pandemic, we assisted the City in conducting a highly successful, socially
distanced event that created environmental awareness and created community pride
• Community Support — WM participates in many community events each year, promoting
increased recycling participation, sustainability and community safety. In addition, during
2020 we provided monetary and in -kind support to organizations and causes, including
the Santa Clarita Sheriff's Station Drug Take Back event, Santa Clarita Track Club's
SOAR Program and Santa Clarita Valley Chamber of Commerce.
• Planning for the Future — Our collaborative planning efforts to address future changes in
services allows for maximum predictability and a seamless transition, while minimizing
costs and impacts to residents.
As a company, Waste Management is dedicated to making a positive difference in Santa
Clarita's environment and quality of life. Thank you for your favorable consideration. We look
forward to discussing this request in further detail.
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Sin
Josh Mann',
Public Sector Solutions Manager
Enclosures:
Exhibit A — 2020 Rate Adjustment Calculations
Exhibit B — Sample SB 1383 Introductory Ordinance
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RESOLUTION 21-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, ADOPTING THE NINTH AMENDMENT OF THE AMENDED AND
RESTATED AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND BURRTEC
WASTE INDUSTRIES, INC. (BURRTEC), FOR COMMERCIAL SOLID WASTE
MANAGEMENT SERVICES
WHEREAS, the City of Santa Clarita (City) is empowered under Section 7 of Article 11
of the California Constitution to make and enforce, within its limits, all police and sanitary
ordinances and regulations not in conflict with general laws; and
WHEREAS, in partial implementation of Section 7 of Article 11 of the California
Constitution, California Public Resources Code Section 40059 authorizes the City to determine
all aspects of handling of solid waste that are of local concern, including the frequency of
collection, means of collection and transportation, level of services and nature, location, and
extent of waste handling services; and
WHEREAS, on November 20, 2003, the City and Burrtec Waste Industries, Inc.
(Burrtec) entered into that certain "Agreement Between the City of Santa Clarita and Burrtec
Waste Industries, Inc., for Commercial Solid Waste Management Services;" and
WHEREAS, on May 24, 2011, the City Council directed staff to execute an Amended
and Restated Agreement with Burrtec; and
WHEREAS, pursuant to Section 6.3 of the Amended and Restated Agreement, Burrtec is
entitled to pursue an annual adjustment to its maximum rates for the rate year commencing on
July 1, 2021, to June 30, 2022; and
WHEREAS, AB 1826 requires that jurisdictions implement an organics recycling
program for businesses, that includes education, outreach, and monitoring activities and
reporting annually to CalRecycle; and
WHEREAS, the City and Burrtec desire to amend the Amended and Restated Agreement
by increasing the maximum rates as outlined in Sections 6.3 and 6.4 of the Agreement Between
the City of Santa Clarita and Burrtec Waste Industries, Inc., for Commercial Solid Waste
Management Services.
NOW, THEREFORE, the City Council of the City of Santa Clarita, California, does
hereby resolve as follows:
SECTION 1. The "Ninth Amendment of the Amended and Restated Agreement Between
the City of Santa Clarita and Burrtec Waste Industries, Inc., for Commercial Solid Waste
Management Services" (Ninth Amendment), a copy of which is attached hereto is hereby
approved. The City Manager is authorized to execute the Ninth Amendment on behalf of the
City.
SECTION 2. The City Clerk shall certify to the adoption of this resolution.
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PASSED, APPROVED, AND ADOPTED this 25th day of May 2021.
MAYOR
ATTEST:
CITY CLERK
DATE:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing
Resolution 2 1 - was duly adopted by the City Council of the City of Santa Clarita at a regular
meeting thereof, held on the 25th day of May 2021, by the following vote:
AYES: COUNCIL,MEMBERS:
NOES: COUNCIL,MEMBERS:
ABSENT: COUNCIL,MEMBERS:
2
CITY CLERK
Packet Pg. 91
14.d
NINTH AMENDMENT OF THEAMENDED AND RESTATED AGREEMENT
BETWEEN THE CITY OF SANTA CLARITA, CALIFORNIA, AND
BURRTEC WASTE INDUSTRIES, INC., FOR COMMERCIAL SOLID
WASTE MANAGEMENT SERVICES
This NINTH AMENDMENT OF THE AMENDED AND RESTATED
AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND BURRTEC WASTE
INDUSTRIES, INC., FOR COMMERCIAL SOLID WASTE MANAGEMENT
SERVICES, (Ninth Amendment) is entered into this day of 2021,
between the City of Santa Clarita, California, a California municipal corporation (City) and
Burrtec Waste Industries Inc., a California corporation (Burrtec) to amend that certain
"Amended and Restated Agreement Between the City of Santa Clarita and Burrtec Waste
Industries, Inc., for Commercial Solid Waste Management Services."
RECITALS
WHEREAS, the City is empowered under Section 7 of Article 11 of the California
Constitution to make and enforce, within its limits, all police and sanitary ordinances and
regulations not in conflict with general laws; and
WHEREAS, in partial implementation of Section 7 of Article 11 of the California
Constitution, California Public Resources Code Section 40059 authorizes the City to determine
all aspects of handling of solid waste that are of local concern, including the frequency of
collection, means of collection and transportation, level of services and nature, location, and
extent of waste handling services; and
WHEREAS, on November 20, 2003, the City and Burrtec Waste Industries, Inc.,
entered into that certain "Agreement Between the City of Santa Clarita and Burrtec Waste
Industries, Inc., for Commercial Solid Waste Management Services;" and
WHEREAS, on May 24, 2011, the City Council directed staff to execute an Amended
and Restated Agreement with Burrtec; and
WHEREAS, pursuant to Section 6.3 of the Amended and Restated Agreement, Burrtec
is entitled to pursue an annual adjustment to its maximum rates for the rate year commencing
on July 1, 2021; and
WHEREAS, AB 1826 requires that jurisdictions implement an organics recycling
program for businesses, that includes education, outreach, and monitoring activities and
reporting annually to CalRecycle; and
WHEREAS, the City and Burrtec desire to amend the Amended and Restated
Agreement by adjusting the maximum rates as outlined in Section 6.3 and 6.6 of the Amended
and Restated Agreement.
NOW, THEREFORE, the City and Burrtec in consideration of their mutual promises,
3
Packet Pg. 92
14.d
amend the Amended and Restated Agreement as follows:
SECTION 1. Amend Section 6.2 to read as follows.
6.2 Maximum Rates
The rates Company bills to customers shall not exceed the Maximum Rates set forth in Exhibit 2.
Maximum Rates shall be retitled as "Maximum Rates" and shall be amended to contain the following
maximum rates commencing July 1, 2021:
Number
of Weekly Pic
kUPS
1
2
3
4
5
6
Container Size
$55.99
$101.20
$168.03
$224.03
$280.06
$336.08
32- al Cart
$65.83
$119.52
$197.43
$263.27
$329.09
$394.92
90- al Cart
$102.21
$200.18
$298.15
$395.26
$492.35
$589.51
1.5 d3
$111.48
$218.53
$325.60
$431.83
$537.98
$644.19
2 d3
$131.41
$257.98
$384.57
$510.25
$635.84
$761.50
3 d3
$167.80
$329.60
$491.34
$651.89
$812.44
$972.98
4 d3
$224.96
$442.14
$659.38
$875.00
$1,090.65
$1,306.33
6 d3
Container Size
Number of Weekl Green Waste Pickups
1
2
3
4
5
6
3 d3
$98.56
$193.48
$288.42
$382.68
$476.87
$571.13
Container Size
Number of WeeklyOr
anic Waste Pickups
1
2
3
4
5
6
65- al Cart
$123.12
$228.98
$369.45
$492.58
$615.75
$738.93
2 d3
$236.85
$466.84
$696.90
$925.63
$1,154.24
$1,382.93
4
Packet Pg. 93
14.d
Special Services
Costs
Locking Bin
$14.93 per
bin per month
Commercial Bulky Item Pickup
$29.88 per
item
Additional Bin Cleanings
$52.30 per
cleaning
Extra Bin Empties
$52.30 per
bin
Extra Trash Cart Empties
$37.01 per
barrel
Compactor Rates
2x comparable
rate
Late Fees
1.5% per month
Emergency Services
$103.45
per hour
SECTION 2. Except as expressly modified in this Ninth Amendment, all other
provisions of the Agreement are and remain in effect
(Signatures on next page)
5
Packet Pg. 94
14.d
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
first above written.
CITY OF SANTA CLARITA
A California Municipal Corporation
Kenneth W. Striplin
City Manager
ATTEST:
Mary Cusick
City Clerk
APPROVED AS TO FORM:
Joseph Montes
City Attorney
0
Packet Pg. 95
14.d
BURRTEC WASTE INDUSTRIES, INC.
By:
[CEO, President, Chairman of the Board or any Vice
President]
And By:
[The Secretary, any assistant secretary, CFO
or any assistant treasurer]
State of California
County of
On before me,
Date Here Insert Name and Title of the Officer
Name(s) of Signer(s)
Place Notary Seal Above
Signature
Signature of Notary Public
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State
of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
7
Packet Pg. 96
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March 25, 2021
Mr. Curtis Williams
City of Santa Clarita
23920 Valencia Blvd
Santa Clarita, CA 91355
RE: 2021 Commercial Rate Adjustment
Dear Curtis:
Pursuant to the City of Santa Clarita's Agreement for Commercial Solid Waste Services,
Burrtec respectfully requests the 2021 rate adjustment for the annual commercial rate review.
The rate adjustment worksheets include the standard rate adjustment in addition to the July
2020 deferral adjustment and the associated twelve month revenue recovery.
It is important to note that the rate review methodology persists as an ongoing concern where
actual disposal and processing cost recovery is lacking. This is best illustrated in 2020 tip fee
increases for recycling from $51.56/ton to $89.05/ton and food waste from $95/ton to $102/ton.
On behalf of Burrtec Waste Industries we would like to thank the City of Santa Clarita for their
time and consideration on this issue and look forward to more detailed discussions.
Sincerely,
1'
Richard Nino
Vice President
cc: Darin Seegmiller, City of Santa Clarita
Bob Coon, CFO, Burrtec Waste Industries
Dennis Verner, Burrtec Waste Industries
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