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HomeMy WebLinkAboutI-6 Staff Report - Approve MolsonCoors Water Rate Adjustment and Assignment AgreementMolson Coors Rate Adjustment July 20, 2020 Page 1 UB CONSENT ITEM I-6 TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE UTILITY BOARD FROM: MANNY ROBLEDO, DIRECTOR OF UTILITIES DATE: JULY 20, 2020 SUBJECT: MOLSON COORS USA LLC WATER RATE ADJUSTMENT, EFFECTIVE AUGUST 1, 2020, AND CONSENT FOR ASSIGNEMENT TO IRWINDALE BREW YARD LLC SUMMARY: The City has an agreement with Molson Coors USA LLC (“Molson”) to supply water (“Agreement”) to the Molson Coors brewery in the City of Irwindale (“Brewery”). Pursuant to the agreement, rates are to be adjusted every two years based on an agreed to formula and incorporation of certain specified cost components. The recommended action seeks authorization by resolution to implement rate changes pursuant to the Agreement effective August 1, 2020. Also, Molson is in the process of selling the facility to Irwindale Brew Yard LLC (“Brew Yard”) that has plans to continue operations and brew Pabst Blue Ribbon Beer at the facility starting in November 2020. As such, the second action hereunder authorizes the assignment of the Agreement to Brew Yard, which is in the interest of the City to continue operations at the Brewery, including the associated jobs. RECOMMENDATION: Staff recommends that the Utility Board take the following action: 1) Adopt Resolution No. 2020-UB-03 adjusting water rates for Molson Coors USA, LLC, effective August 1, 2020; and 2) Authorize the assignment of the Molson Coors USA LLC Amended and Restated Water Supply Agreement dated February 23, 2009 to Irwindale Brew Molson Coors Rate Adjustment July 20, 2020 Page 2 Yard LLC, in a form acceptable to the City Attorney; and 3) Authorize the City Manager to execute the assignment agreement. DISCUSSION: On February 23, 2009, the City of Azusa entered into a restated water supply agreement with MillerCoors USA LLC (“Miller”), which set rates for water services provided to the MillerCoors brewery located in the City of Irwindale. On April 1, 2020, Miller changed its name from MillerCoors USA LLC to Molson Coors USA LLC. Pursuant to the agreement, rates are to be adjusted every two years after May 1, 2010, and are to be calculated based on a cost-based formula set forth in the agreement. The rate adjustment methodology used for Molson parallels the cost of service process that the City uses to determine its water rates for all customers. The rate calculation methodology specified in the agreement takes both the fixable cost components of Azusa Light & Water’s forecasted net revenue requirement and allocates those costs in proportion to Molson Coors expected water usage and meter capacity as compared to the rest of the water system. Fiscal Year (“FY”) 2020-21 forecasts are being considered for Molson upcoming rate adjustment date of August 1, 2020. The water utility’s forecasted net revenue requirement subject to rate adjustment calculations for the FY 2020-21 is about $26.7 million. Fixed costs are recovered through meter charges, and variable costs are recovered through commodity charges. For rate design purposes, 40% of the budget is assigned to the fixed cost/meter charge rate component ($10.7 million) and 60% is assigned to the variable cost/commodity charge rate component ($16.0 million). Molson Coors portion of the fixed costs has been determined to be 0.3321%, and Molson Coors estimated share of the commodity charges is 2.87%. Based on the above information, Staff recommends approval of the following rates for Molson be implemented August 1, 2020: PROPOSED RATE CHANGE FOR MOLSON COORS BREWERY EFFECTIVE AUGUST 1, 2020 Service Current Rate Proposed Rate % Increase Flat Monthly Meter Charge $2,539.41 $2,949.63 16.2% Volumetric Charge per CCF $2.02 $2.20 9.1% Rates are to be effective for a period of two years according to the agreement, at which time City Staff will again review pertinent information and formulate an update of the contract water rates. FISCAL IMPACT: Molson Coors Rate Adjustment July 20, 2020 Page 3 The August 1, 2020 rate adjustment for Molson is expected to increase water revenues by about $43,384.22 assuming the Brewery consumption pattern remains at the same level of approximately 208,361 CCF annually after the assumption by Brew Yard. Prepared by: Reviewed and Approved: Danny Smith Manny Robledo Utilities Administration & Finance Manager Director of Utilities Reviewed and Approved: Sergio Gonzalez City Manager Attachments: 1. Resolution 2020-UB-03 Adjusting Water Rates for Molson Coors USA LLC 2. MolsonCoors Rate Calculation Model 3.MillerCoors Amended and Restated Water Supply Agreement 4. MillerCoors Term Extension to 2023 5. Miller to Molson Name Change 1 RESOLUTION NO. 2020-UB-03 A RESOLUTION OF THE UTILITY BOARD/CITY COUNCIL OF THE CITY OF AZUSA CALIFORNIA ADJUSTING CONTRACT WATER RATES FOR MOLSON COORS USA LLC. WHEREAS, the City of Azusa and MillerCoors LLC, entered into a restated water supply agreement (hereinafter, “Agreement”) on February 23, 2009; and WHEREAS, MillerCoors LLC changed their name to Molson Coors USA LLC on April 1, 2020. WHEREAS, the Agreement obligates the City’s water utility to supply water to Molson Coors facility in Irwindale, California; and WHEREAS, Section 6 of the Agreement permits the City of Azusa to adjust rates every two years effective May 1, 2010, in accordance with the methodology outlined in Exhibit D of Agreement; and WHEREAS, Azusa Light & Water staff have calculated the water rate adjustment for Molson Coors effective August 1, 2020, consistent with the Agreement methodology; and WHEREAS, “Exhibit A” of this resolution sets forth the new meter and commodity charges for Molson Coors; and WHEREAS, the rates included in “Exhibit A” are to remain in effect for a period of two years according to the Agreement between parties; NOW, THEREFORE, BE IT RESOLVED that the Utility Board/City Council of the City of Azusa does hereby finds, determines and declares as follows: SECTION 1. The water rates attached hereto as “Exhibit A” and made a part hereof, are adopted and shall be effective August 1, 2020; and SECTION 2. Azusa Light & Water is hereby directed to bill Molson Coors the rates included in “Exhibit A” for water utility billings rendered on and after August 1, 2020. PASSED, APPROVED and ADOPTED this 20th day of July, 2020. ___________________________________ Robert Gonzales Mayor Attachment 1 2 ATTEST: ___________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. 2020-UB-03 was duly adopted by the Utility Board/City Council of the City of Azusa at a regular meeting thereof, held on the 20th day of July, 2020, by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ___________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk APPROVED AS TO FORM: ___________________________________ Best Best & Krieger, LLP City Attorney 3 EXHIBIT A The following water rates shall be effective for all water supply services rendered to Molson Coors on and after August 1, 2020: Meter Service Charge Monthly Meter Service Charge for Molson’s 12 inch water meter: $2,949.63 Commodity Service Charge Per CCF Commodity Charge: $2.20 Service Current Rate Proposed Rate % Change Budgeted Expenditures Moly Meter Charge $2,539.41 $2,949.63 16.2%Expenditures FY 2020-21 Per CCF Charge $2.02 $2.20 9.1%Production 8,944,691$ Water Rights Lease Cost (8%)1,929,160 @ 208361 CCF Meter Charge Commodity Charge Total Cost Transmission and Distribution 3,236,554 Current Annual Cost $30,472.92 $420,889.22 $451,362.14 Customer Accounting and Sales 5,872,550 Proposed Annual Cost $35,395.62 $459,350.74 $494,746.36 Uncollectible Accounts 36,000 Change in Annual Cost $4,922.70 $38,461.52 $43,384.22 Administrative and Engineering 952,319 Interest Expense - COP/New LTD (a)1,942,890 Principal - COP/New LTD (a)2,210,000 Franchise Fee (2% of Retail Sales)493,102 Fixed 40.0% $ 10,659,595 Subtotal – Expenditures 25,617,267$ Variable 60.0% $ 15,989,392 Capital Projects (b)4,766,168$ Net Revenue Requirement 100.0% $ 26,648,987 Non-Rate Revenue Fees Revenue (c) Other Revenue (3,234,448) Interest Income (d)nterest income transferred to th (500,000) Meter Size Potable Meters (a) Capacity Factor (b) Total Capacity Units Subtotal Non-Rate Revenue (3,734,448)$ [a][b][c]=[a]*[b]Net Revenue Requirement (e)26,648,987$ 5/8"343 1.00 343 3/4"18,274 1.00 18,274 (a)Based on Debt Service Schedules. 1"3,047 1.67 5,088 (b)Cash funded Capital Improvement Projects to maintain system. 1 1/2"297 3.33 989 (c)Miscellaneous revenues that offset retail rates. 2"1019 5.33 5,431 (d)Interest income typically transferred to the General Fund. 3"149 10.67 1,590 (e)Amount to recover from retail rates. 4"183 16.67 3,051 6"183 33.33 6,099 8"125 53.33 6,666 10"38 140.00 5,320 Molson Coors, ccf (a)208,361 12"2 176.67 353 Total Sales, ccf (b)7,252,771 Total 23,660 --53,205 Molson Coors Share of Commodity Charge:2.87% Molson Coors % of Fixed Charges (=177.67/53,205)0.3321%(b)Projected total sales based on actual FY 2019-20 usage through June 2020, per ALW billing system. PROPOSED RATE CHANGE FOR MOLSON COORS BREWERY Financial Information EFFECTIVE AUGUST 1, 2020 Water Enterprise Fund- Draft Financials Fixed and Variable Costs Total Meters and Capacity of Azusa Water System Consumption in CCFs FY 2020-21 Projected Sales & Usage (a) Source of Data: Azusa Light & Water billing system, 6/10/2020.(a)Projected Molson Coors sales based on actual FY 2019-20 usage through June 2020, per ALW billing system.(b) Hydraulic factors which are multiplied by number of meters to calculate capacity. Attachment 2 Attachment 3 Attachment 4 Delaware The First State Page 1 6539622 8100 Authentication: 202694438 SR# 20202518621 Date: 04-01-20 You may verify this certificate online at corp.delaware.gov/authver.shtml I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF AMENDMENT OF “MILLERCOORS USA LLC”, CHANGING ITS NAME FROM "MILLERCOORS USA LLC" TO "MOLSON COORS USA LLC", FILED IN THIS OFFICE ON THE SEVENTEENTH DAY OF MARCH, A.D. 2020, AT 12:49 O`CLOCK P.M. AND I DO HEREBY FURTHER CERTIFY THAT THE EFFECTIVE DATE OF THE AFORESAID CERTIFICATE OF AMENDMENT IS THE FIRST DAY OF APRIL, A.D. 2020 AT 12:01 O'CLOCK A.M. Attachment 5