HomeMy WebLinkAboutResolution No. 2021-C33RESOLUTION NO.2021-C33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, APPROVING THE TWENTY-FIFTH AMENDMENT
TO THE EXCLUSIVE FRANCHISE AGREEMENT WITH ARAKELIAN
ENTERPRISES TO AMEND THE REFUSE RATES AND THE
MONTHLY ORGANIC RECYCLING FEES EFFECTIVE RETROCATIVE
TO JULY 11 2021 THROUGH JUNE 309 2022
WHEREAS, on October 2, 2000, the City Council of the City of Azusa, approved
an Exclusive Franchise Agreement with Arakelian Enterprises, Incorporated (Contractor), for
refuse collection and recycling services ("Original Agreement"); and
WHEREAS, Section 5 of the Original Agreement requires that the refuse rates be
modified annually to account for the cost of living changes, disposal costs, and other
adjustments due to extraordinary increases in operating costs ("Adjustments") on July 1 of each
year; and
WHEREAS, refuse rate adjustments have been calculated pursuant to the terms and
conditions of the Original Agreement;
WHEREAS, Assembly Bill 1826 (Chesbro, 2014) was signed into law and requires
businesses to recycle their organic waste on and after April 1, 2016, depending on the amount they
generate each week;
WHEREAS, AB 1826 defines "organic waste" as food waste, green waste, landscape and
pruning waste, nonhazardous wood waste, and food -soiled paper waste that is mixed in with food
waste; and
WHEREAS, the City is required by state law to implement an organic waste recycling
program for businesses that are required by AB 1826 to implement organic waste recycling;
WHEREAS, in order to implement the Organics Recycling Program in the City, Athens
Services, the City's franchised trash hauler, is offering organic recycling services to businesses
that are required to implement an organic recycling program under AB 1826, and may charge
businesses that utilize such services for the cost of those services;
WHEREAS, without the adoption of rates, Athens is unable to charge for and provide this
service as it's not currently included in the Original Agreement between Athens and the City;
WHEREAS, per AB 1826, effective January 1, 2020, all commercial customers that
generate 2 or more cubic yards of solid waste per week will be required to arrange for organic
waste recycling services if CalRecycle determines that statewide disposal of organic waste in 2020
has not been reduced by 50% of 2014 levels;
WHEREAS, the Monthly Organic Waste Recycling Rates attached herewith will be
adopted and applicable only to businesses required to comply with AB 1826 effective January 1,
2020;
WHEREAS, the City is proposing automatic rate adjustment beginning July 1, 2021, and
each July 1 thereafter for a five-year period, through and including adjustments effective on or
after July 1, 2024, the trash rates may be adjusted annually, without a further public hearing, by an
amount not to exceed the total of a CPI increase for inflation plus any increase in Tipping Fees,
subject to a maximum of 5% annually. If a rate adjustment should exceed this amount in any
single year, another public hearing will be held to consider that proposed rate adjustment.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Azusa,
California, does find and declare that:
SECTION 1: Adoption of 251h Amendment. The attached 25th Amendment to the
Exclusive Franchise Agreement Between the City of Azusa and Arakelian
Enterprises, Inc. for Refuse Collection, Recycling and Disposal Services
(Exhibit A) is hereby approved. The rate schedule adopted as part of the
Twenty-fifth Amendment shall supersede any rate schedule previously
adopted.
SECTION 2: Adoption of the Monthly Organic Waste Recycling Rates. The Monthly Organic
Waste Recycling Rate Schedule (Exhibit B) is approved and applicable to
businesses required under AB 1826 threshold.
SECTION 3: Effective Date. This Resolution shall become effective upon its adoption.
SECTION 4: Adoption of Automatic Rate Adjustment. If approved, beginning July 1,
2021, and each July 1 thereafter for a five-year period, through and
including adjustments effective on or after July 1, 2024, the trash rates may
be adjusted annually, without a further public hearing, by an amount not to
exceed the total of a CPI increase for inflation plus any increase in Tipping
Fees, subject to a maximum of 5% annually. If a rate adjustment should
exceed this amount in any single year, another public hearing will be held to
consider that proposed rate adjustment.
SECTION 5: Authorization. That the Mayor shall sign and the City Clerk shall
certify to the passage and adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 19th day of July, 2021.
d
Robert males
Mayor
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Resolution No. 2021-C33 was duly adopted
by the City Council of the City of Azusa at a regular meeting thereof, held on the l9d' day of
July, 2021 by the following vote of Council:
AYES: COUNCILMEMBERS: GONZALES, MACIAS, ALVAREZ, AVILA, MENDEZ
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
VIA
APPROVED AS TO FORM:
Best Be t & Krieger, LL
City Attorney
AMENDED AND RESTATED FRANCHISE AGREEMENT
BETWEEN THE CITY OF AZUSA AND ARAKELIAN ENTERPRISES, INC.
FOR REFUSE COLLECTION, RECYCLING AND DISPOSAL SERVICES
AMENDMENT NO. 25
This twenty-fifth Amendment to the Exclusive Franchise Agreement is
entered into this 19th day of July 2021 by and between the City of Azusa, a
municipal corporation ("City") and Arakelian Enterprises, Inc., a California
Corporation ("Contractor").
Effective retroactive to July 1st, 2021, the attached rate schedule shall replace
Exhibit A of the Existing Exclusive Franchise Agreement approved on October 2, 2000.
MONTHLY ORGANIC WASTE RECYCLING RATES
The Monthly Organic Waste Recycling Rate Schedule (Exhibit B) for businesses
required under AB 1826 threshold to arrange for organic waste recycling services.
IN WITNESS WHEREOF, the parties have executed this agreement as of the
date first set out herein.
0d
Date: .2'1
CITY F AZUSA
A Municipal Corporation
d
Robert Gonzales, Pdayor
ATTEST:
ee�..
Je re Cornejo, Ci Cler
APPROVED AS TO FORM:
n
City Attey
Best Best & Krieger, L P
Date:
ARAKELIAN ENTERPRISES, INC.
d.b.a. ATHENS SERVICES
4
EXHIBIT A
TO FRANCHISE AGREEMENT
BETWEEN THE CITY OF AZUSA AND ARAKELLAN ENTERPRISES, INC.
FY 2021 /22 Refuse Rates
Refuse & Recycling Rates
Effective July 1, 2021
Service
Processing/
Service
Franchise
AB 9391
Billing
Monthly Total
Disposal Fee
Fee
We
Fee
+CS Charge
Rate
Single Family (Trash & Green)
15.67
12.62
3.14
0.82
0.89
$ 33.14
Multifamily Bin
9.96
10.95
2.32
0.73
0.85
$ 24.81
Commercial Bins
1.6
Cubic Yard
1
Day/Week
21.42
60.66
9.12
1.99
$ 93.19
2
DaystWeek
42.83
93.17
15.11
3.98
$ 155.09
3
DaystWeek
64.25
124.80
21.01
5.97
$ 216.03
2
Cubic Yard
1
Day/Week
28.65
78.95
11.95
2.66
$ 122.11
2
Days/Week
57.11
94.67
16.87
5.34
$ 173.99
3
Days/Week
85.66
110.16
21.76
8.00
$ 225.58
4
Days/Week
114.22
126.83
26.79
10.66
$ 278.50
5
Days/Week
142,77
142.06
31.66
13.30
$ 329.79
3
Cubic Yard
1
Da !Week
42.83
75.50
13.15
3.99
$ 135.47
2
Days/Week
85.66
85.47
19.02
7.99
$ 198.14
3
Days/Week
128.50
95.51
24.90
11,98
$ 260.89
4
Days/Week
171.33
105.39
30.75
15.96
$ 323.43
5
Days/Week
214.16
115.56
36.65
19.96
$ 386.33
6
Days/Week
256.99
191.06
49.80
23.95
$ 521.80
4
Cubic Yard
1
Day/Week
57.11
77.721
14.98
5.32
$ 155.14
2
Days/Week
114.22
$8.131
22.49
10.65
$ 235.49
3
Days/Week
171.33
98.421
29.97
15.97
$ 315.69
4
Days/Week
228.44
108.531
37.45
21.27
$ 395.69
5
Days/Week
285.55
118.941
44.96
26.36
$ 475.80
6
Days/Week
342.66
189.79
59.18
31.93
$ 623.56
6
Cubic Yard
1
Day/Week
85.66
82.55
18.70
7.99
$ 194.90
2
Days/Week
171.33
93.77
29.46
16.63
$ 310.19
3
Days/Week
256.99
104.47
40.16
23.95
$ 425.58
4
Days/Week
342.66
115.32
50.90
31.93
$ 540.81
5
Days/Week
428.32
126.44
61.66
39.91
$ 656.34
6
Days/Week
513.99
209.02
80.36
47.89
$ 851.25
Additional Optional Services
3 Cubic Yard -Co m actor
1
Days/Week
148.79
75.50
24.92
11.97
$ 261.19
2
DaystWeek
297.58
85.47
42.56
23.97
$ 449.58
3
DaystWeek
446.37
95.50
60.21
35.94
$ 638.03
4
DaystWeek
595.17
105.39
77.84
47.87
$ 826.27
5
Days/Week
743.96
115.56
95.50
59.871
$ 1.014.89
6
Days/Week
892.75
191.06
120.42
71,841
$ 1,276.07
6 Cubic Yard -Co m actor
1
Days/Week
297.65
82.55
42.24
23.97
$ 446.42
2
Days/Week
595.29
93.77
76.66
46.89
$ 812.52
3
DaystWeek
892.91
104.47
110.82
71.84
$ 1,180.04
4
Days/Week
1190.56
115.32
145.10
95.78
$ 1,546.76
5
Days/Week
1488.21
126.44
179.41
119.74
$ 1,913.79
6
DaystWeek
1785.85
209.02
221.65
143.68
$ 2,360.20
Optional /Ancilla Services
Commercial
Declined Payment (any reason)
25.221
2.80
$ 28.02
Commercial
Late Fees (1.5% per month)
5.04
0.56
$ 5.61
Commercial
Stop Service after inwice aged 60 days)
25.22
2.80
$ 28.02
Commercial
Delivery, Exchange, Removal, Wash -Out
79.59
8.85
$ 88.43
Commercial
Bulky Item Pickup - First Item 1
25.22
2.80
$ 28.02
Commercial
Bulky Item Pickup - Each Additional Item
15.13
1.68
$ 16.82
Commercial
Dead -Run, Go -Back, Excess Waste, Excess Weight
60.52
6.73
$ 67.25
Commercial
Lock -Lid Service r lock x frequency)frequency)l
8.781
0.98
$ 9.75
Commercial
Lock -Lid One -Time Set -Up r lock
79.591
8.85
$ 88.43
Commercial
Organic Cart Contamination
1
252.181
28.02
$ 280.20
Commercial
Scout Service(per container x frequency)
6.051
0.68
$ 6.73
Commercial
Saturday Service
76.50
13.90
3.67
$ 142.67
Commercial
Extra Dumps Same Day
49.06
6.73
0.84
$ 68.08
Commercial
Different Day
74.85
9.59
0.84
$ 96.73
Commercial
Barrels
24.30
3.70
0.67
$ 37.69
Residential
-Run, Go -Back, Excess Waste, Excess Weight
22.36
2.48
$ 24.84
Roll -Off
Run, Go -Back, or Relocation
96.99
10.77
$ 107.76
Roll -Off
Demurrage r day - no hauls in 30 days)
07Da
12.10
1.34
$ 13.45
Temporary Bin
s,OneDum
11.45
119.42
15.29
$ 146.16
Tem ora Bin
, Removal, Dead -Run
79.59
8.85
$ 88.43
Tempos Bin
rrage (per day - no dump in 7 days)
5.04
0.56
$ 5.61
Any Account
Standby Time (each delay of 15 minutes)
35.30
3.92
$ 39.23
Roll Offs w/ 1 ton*
84.22
328.89
45,891
7.731
$ 466.72
•MRF Processed
EXHIBIT B
TO FRANCHISE AGREEMENT
BETWEEN THE CITY OF AZUSA AND ARAKELLAN ENTERPRISES, INC.
FY 2021/22 Organics Recycling Rates
July -June
2020-2021
July -June
2021-2022
SERVICES
Current
Proposed
Change
Size - 64 Gallon Barrel
Total Monthly Rate
Total Monthly Rate
% $
One / Week
Primary
$124.28
$125.36
0.87% ` $1.08
Add'I
Barrels
$105.48
$106.40
0.87% $0.92
Two / Week
Primary
$216.40
$218.28
0.87%1 $1.88
Add'I
Barrels
$184.13
$185.73
0.87% $1.60
ree / Wee
Primary
$308.53
$311.21
0.87% $2.68
Add'i
Barrels
$262.80
$265.09
0.87% $2.29
Four / WeeN
Primary
$400.65
$404.14
0.87% $3.49
Add' l
Barrels
$341.45
$344.42
0.87% $2.97
Five /Week
Primary
$492.78
$497.07
0.87% $4.29
Add'I
Barrels
$420.12
$423.78
0.87% $3.66
Six/Week
Primary
$584.91
$590.00
0. 87% $5.09
_
Add'I
Barrels
$433.81
$437.58
0.87%' $3.77