HomeMy WebLinkAboutResolution No. 2022-C47RESOLUTION NO.2022-C47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, APPROVING THE TWENTY-NINTH AMENDMENT
TO THE AMENDED AND RESTATED FRANCHISE AGREEMENT
WITH ARAKELIAN ENTERPRISES, INCORPORATED TO AMEND
THE REFUSE COLLECTION, RECYCLING AND DISPOSAL
SERVICES RATES EFFECTIVE JULY 19 2022 THROUGH JUNE 30, 2023
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, on November 1, 2021, the City Council of the City of Azusa, approved the
261h Amendment to the Amended and Restated Franchise Agreement with Contractor for
refuse collection, recycling and disposal services ("Amended Agreement"); and
WHEREAS, Section 5.0(B) of the Amended Agreement requires that the refuse
collection, recycling and disposal services 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 Amended Agreement; and
WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires
CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The
regulations place requirements on multiple entities including cities, residential households,
commercial businesses and business owners, commercial edible food generators, haulers, self -
haulers, food recovery organizations, and food recovery services to support achievement of
statewide organic waste disposal reduction targets; and
WHEREAS, the City is required by state law to implement an organic waste recycling
program for residential and commercial customers that are required by SB 1383 to implement
organics waste recycling; and
WHEREAS, in order to implement the organics recycling program in the City, Athens
Services, the City's franchised trash hauler, is offering organics recycling services to residential
and commercial businesses that are required to implement an organic recycling program under SB
1383, and charge these customers that utilize such services for the cost of those services; and
WHEREAS, the Monthly Organic Waste Recycling Rates attached herewith will be
adopted and applicable all residential and commercial customers required to comply with SB 1383
effective July 1, 2022 and if approved the new rates shall be automatically adjusted annually
based upon the annual percentage change from January to January) in the Consumer Price Index
(CPI) for Trash and Garbage Collection (CUUROOOSEHG02), US City Average (not seasonally
adjusted), as determined by the United States Department of Labor Statistics.
WHEREAS, the City is proposing automatic rate adjustment beginning July 1, 2022, and
each July 1 thereafter for a five-year period, through and including adjustments effective on or
after July 1, 2026, the trash rates may be adjusted annually, without a further public hearing,
according to the percentage change in CPI plus one percent, with a floor of 3%, calculation;
provided however, that the maximum rates shall not be increased by more than 10%; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Azusa,
California, does find and declare that:
SECTION 1. Adoption of 29°i Amendment. The attached 29th Amendment to the
Amended and Restated 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-ninth Amendment shall supersede
any rate schedule previously adopted.
SECTION 2. Effective Date. This Resolution shall become effective upon its adoption.
SECTION 3. Adoption of Automatic Rate Adjustment. If approved, beginning July 1,
2022, and each July 1 thereafter for a five-year period, through and including adjustments
effective on or after July 1, 2026, the trash rates may be adjusted annually, without a further public
hearing, according to the percentage change in CPI plus one percent, with a floor of 3%,
calculation; provided however, that the maximum rates shall not be increased by more than 10%.
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 4. 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 20th day of June, 2022.
Robert Gonzales
Mayor
ATTEST:
Jep6.y
,OrCAr ornejo, Jr.
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Resolution No. 2022-C47 was duly adopted
by the City Council of the City of Azusa at a regular meeting thereof, held on the 20th day of
June, 2022 by the following vote of Council:
AYES: COUNCILMEMBERS: GONZALES, ALVAREZ, AVILA, MENDEZ, BECKWITH
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Je a wr Cornejo, Jr.
ity Clerk
APPROVED AS TO FORM:
ft
a
Best est & Krieger, LLP
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. 29
This twenty-ninth Amendment to the Amended and Restatated Franchise
Agreement is entered into this 20th day of June 2022 by and between the City of
Azusa, a municipal corporation ("City") and Arakelian Enterprises, Inc., a
California Corporation ("Contractor").
Effective July 1st, 2022, the attached rate schedule shall replace Exhibit A of the
Amended and Restated Franchise Agreement approved on November 1, 2021.
IN WITNESS WHEREOF, the parties have executed this agreement as of the
date first set out herein.
Date:
CITY OF AZUSA
A Municipal Corporation
G
Robert Gonz es, Mayor
ATTEST:
J9&eyUwp6i ce Comejo, C' Cler
APPROVED AS TO FORM:
City ttomey
Best Best & Krieger, LLP
Date:
ARAKELIAN ENTERPRISES, INC.
d.b.a. ATHENS SERVICES
EXHIBIT A
TO FRANCHISE AGREEMENT
BETWEEN THE CITY OF AZUSA AND ARAKELLAN ENTERPRISES, INC.
July 1, 2022 Refuse and Organics Recycling Rates
Proposed
Proposed
Net
Franchise
AB 939
Monthly
Rate
Fee
Fee
Rate
Residential & Multi -Family Cart Service
Single-family
96 Gal Base Rate
33.47
3.72
0.82
38.01
32 Gal Base Rate - Senior Discount
30.12
3.35
0.74
34.21
96 Gal Add'I Cart (Any Type)
7.58
0.84
0.00
8.42
64 Gal Add'I Cart (Any Type)
5.69
0.63
0.00
6.32
32 Gal Add'I Cart (Any Type)
3.79
0.42
0.00
4.21
Commercial & Multi
-Family Bin
Bin: 6-Yard
6.00
1.00 1 day/week pickup
273.45
30.38
7.99
311.82
6.00
2.00 2 day/week pickup
430.95
47.88
15.63
494.46
6.00
3.00 3 day/week pickup
587.61
65.29
23.95
676.85
6.00
4.00 4 day/week pickup
744.50
82.72
31.93
859.15
6.00
5.00 5 day/week pickup
901.85
100.21
39.91
1,041.97
6.00
6.00 6 day/week pickup
1,175.33
130.59
47.89
1,353.81
Bin: 5-Yard
5.00
1.00 1 day/week pickup
246.31
27.37
6.66
280.34
5.00
2.00 2 day/week pickup
379.94
42.22
13.14
435.30
5.00
3.00 3 day/week pickup
513.05
57.01
19.96
590.02
5.00
4.00 4 day/week pickup
646.14
71.79
26.60
744.53
5.00
5.00 5 day/week pickup
779.70
86.63
33.14
899.46
5.00
6.00 6 day/week pickup
1,020.45
113.38
39.91
1,173.74
Bin: 4-Yard
4.00
1.00 1 day/week pickup
219.20
24.36
5.32
248.88
4.00
2.00 2 day/week pickup
328.95
36.55
10.65
376.15
4.00
3.00 3 day/week pickup
43851
48.72
15.97
503.20
4.00
4.00 4 day/week pickup
547.79
60.87
21.27
629.93
4.00
5.00 5 day/week pickup
65753
73.06
26.36
756.95
4.00
6.00 6 day/week pickup
86556
96.17
31.93
993.66
Bin: 3-Yard
3.00
1.00 1 day/week pickup
192.36
21.37
3.99
217.72
3.00
2.00 2 day/week pickup
278.19
30.91
7.99
317.09
3.00
3.00 3 day/week pickup
364.16
40.46
11.98
416.60
3.00
4.00 4 day/week pickup
449.84
49.98
15.96
515.78
3.00
5.00 5 day/week pickup
536.00
59.56
19.96
615.52
3.00
6.00 6 day/week pickup
728.36
80.93
23.95
833.24
Bin: 2-Yard
2.00
1.00 1 day/week pickup
174.75
19.42
2.66
196.83
2.00
2.00 2 day/week pickup
246.74
27.42
5.34
279.50
2.00
3.00 3 day/week pickup
318.33
35.37
8.00
361.70
2.00
4.00 4 day/week pickup
391.86
43.54
10.66
446.06
2.00
5.00 5 day/week pickup
463.03
51.45
13.30
527.78
2.00
6.00 6 day/week pickup
534.21
59.36
16.00
609.57
Proposed
Proposed
Net
Franchise
AB 939
Monthly
Rate
Fee
Fee
Rate
Commercial & Multi -Family
Bin (Continued)
Bin: 1-1/2-Yard 150
1.00 1 day/week pickup
133.43
14.83
1.99
150.25
150
2.00 2 day/week pickup
221.09
24.57
3.98
249.64
150
3.00 3 day/week pickup
307.32
34.15
5.97
347.44
1.50
4.00 4 day/week pickup'
345.42
38.38
7.96
391.76
150
5.00 5 day/week pickups
405.00
45.00
9.95
459.95
150
6.00 6 day/week pickup
464.58
51.62
11.94
528.14
Compactor: 6-Yard 6.00
1.00 1 day/week pickup
455.54
50.62
0.00
506.16
Recycling 6.00
2.00 2 day/week pickup
795.15
88.35
0.00
883.50
6.00
3.00 3 day/week pickup
1,133.91
125.99
0.00
1,259.90
6.00
4.00 4 day/week pickup
1,472.94
163.66
0.00
1,636.60
6.00
5.00 5 day/week pickup
1,812.35
201.37
0.00
2,013.72
6.00
6.00 6 day/week pickup
2,151.79
239.09
0.00
2,390.88
Compactor: 3-Yard 3.00
1.00 1 day/week pickup
331.63
36.85
11.97
380.45
Trash 3.00
2.00 2 day/week pickup
556.72
61.86
23.97
642.55
3.00
3.00 3 day/week pickup
781.93
86.88
35.94
904.75
3.00
4.00 4 day/week pickup
1,006.87
111.87
47.88
1,166.62
3.00
5.00 5 day/week pickup
1,232.29
136.92
59.88
1,429.09
3.00
6.00 6 day/week pickup
1,457.70
161.97
71.88
1,691.55
Compactor: 2-Yard 2.00
1.00 1 day/week pickup
267.60
29.73
7.98
305.31
Trash 2.00
2.00 2 day/week pickup
432.42
48.05
16.02
496.49
2.00
3.00 3 day/week pickup
596.85
66.32
24.00
687.17
2.00
4.00 4 day/week pickup
763.20
84.80
31.98
879.98
2.00
5.00 5 day/week pickup
927.22
103.02
39.90
1,070.14
2.00
6.00 6 day/week pickup
1,091.23
121.25
48.00
1,260.48
Commercial Organics
1.00 1 day/week pickup
99.81
11.09
0.75
111.65
First Barrel
2.00 2 day/week pickup
173.79
19.31
0.75
193.85
3.00 3 day/week pickup
247.78
27.53
0.75
276.06
4.00 4 day/week pickup
321.77
35.75
0.75
358.27
5.00 5 day/week pickup
395.76
43.97
0.75
440.48
6.00 6 day/week pickup
469.75
52.19
0.75
522.69
Commercial Organics
1.00 1 day/week pickup
84.71
9.41
0.75
94.87
Each Additional Barrel
2.00 2 day/week pickup
147.87
16.43
0.75
165.05
3.00 3 day/week pickup
211.06
23.45
0.75
235.26
4.00 4 day/week pickup
274.22
30.47
0.75
305.44
5.00 5 day/week pickup
337.40
37.49
0.75
375.64
6.00 6 day/week pickup
348.40
38.71
0.75
387.86
Saturday Service
203.36
22.60
3.67
229.63
Lock -Lid Bin Change Out
101.48
11.28
0.00
112.76
Lock -Lid Ongoing Service
11.19
1.24
0.00
12.43
Temp Bins
211.37
23.49
0.84
235.70
Extra Dumps Perm or Temp
- same day
77.15
8.57
0.84
86.56
Extra Dumps Perm or Temp
- other day
110.03
12.23
0.84
123.10
Roll -Off Per pick-up - Actual MRF costs
526.72
58.52
7.73
592.97
Aaea Optional Additional Senxtce Rates- S!ledlvehily 1.2022
Optional Additiondservices
Proposed
Not Rate
Franchise Fee
A5939Fee
Proporvd
Raq
AO Accounts: Declined Payrnent {any reason)
S 26.S5
5 29S
5
S 29.50
AP Accounts: Late Fees ( L5% of past due balance per month, minimum fee)
S &31
S 0.59
$
5 5.90
AO Accounts: Stand Time (each delay of 15 minutes)
5 37.17
S 4.13
5
5 41.30
AO Accounts: Stop Service and/or Resume Service
S 26LSS
S 2.95
5
5 29.50
AO Accounts: Container Repair (per hour, exclutd
S 97.91
S 10.88
S
S t08.79
Permanent Bin Accounts: Bulky Rem Pick • Rat Item or Dead -Run on Scheduled Bulky Item Collection
$ 26,55
S 2.9S
$
5 29.SO
Permanent Bin Accounts: Bulky Item Pickup - Each Additional Bulky Item after First Item
S 15.93
S 1.77
S
$ 17.70
Permanent Bin Accounts: &n Exch a with Metal lid;
S 203.19
S 22.58
$
$ 225,77
Permanent Bin Accounts: Custom Bin Fabrication (per cubit r
S 319.59
S 34.S1
5
S 345,10
Permanent Bin Accounts: On -Call Bin Rental or Tipping Bin Rental (per month)
$ S6.24
S 6.25
$
$ 62.49
Permanent & Temporary Bin Accounts: Delivery,Exchange, Size Exchange, Removal Wash -Cut
S 83.90
S 9.31
S
S 93.11
Permanent & Temporary Bin Accounts: Dead-Ru Go -Back, Excess Waste Excess Weight
S 63.72
S 7.08
S
S 70.90
Permanent & Temporary Bin Accounts: Bin Exchange • Burned Bin
S 758.OS
S 84.23
S
5 84228
Permanent & TqMparary Bin Accounts: Push Out or Scout Service(per bin x frequency)
S &37
S 0.71
S
S 7.09
Permanent & TerVorarV Sin Accounts: Sin Enclousure litter Clean -Up (per enclosure)
S 26.32
S 2.92
5
5 29.24
Permanent & Temporary Sin Accounts: Bin Enclousure Pressure Washing (per hour, 1 hour minimum)
S 7&96
5 &77
5
5 87.73
TempocarV Bin Accoursm 3 Cubk Yard C& D B1n r Uft - includes 7 days rental
S 310.59
S 34.51
S
S 345.10
Temporary Bun Accounts: Demurrage (per day no dump in 7 d
5 5.31
S 0.59
5
Is 5.90
Permanent Cart Accounts: Cart Replacement {customer damage, stolen)
S 94.76
S 10.53
S
5 105.29
Permanent Cart Accounts: Delivery, Exchange, Size ExcitanBring in Wash4kn
S 23.34
$ 2.59
S
5 25.93
Permanent Can Accounts: Dead -Run Go -Bach Excess Waste, UcessWeight, Extra Pick -Up
S 23.54
S 2.62
5
5 26.16
Permanent Cart Accounts: Rol) -Out Service (per month)
S 2LO6
S 234
S
5 23.40
Pennanm Can Accounts: Can Wash -out Service (includes three cans)
S 21.06
S 2.34
S
5 23.40
Permanent Cart Accounts: Cat Wash Out Service (each cart over three carts)
S 5.26
S 0.58
S
S 5,84
Rol) Off Accounts. Overw t (in addition to disposal charges for each load exceeding 10 tons)
S 104.23
S 1158
5
5 M81
Ro001fAccounts: Del Brf •irt Dead -Run, Go -Back Rebnti Same Expedite
5 10212
S 1135
5
5 113.47
Rol Off Accaatts: Rol -Top Lid Rental (per month)
S 54.26
S 6.D3
5
$ 6029
Rol•OffAccounts: Open -Top Box or Storage Box Rental (per month)
5 11L48
S V-50
5
$ 124.98
Roll -Off Accounts: Compactor Rental moat
S SOFA t5
S 56.24
S
$ 56239
ROD Of! AccamtS: Plastic Uner
S 41.06
S 4.56
$
S 45,62
RolOff Accounts: Certificate of Destruction
5 47.38
S 5.26
S
$ S264
Rol•OffAccounts: `Rocket Lawcher'SerAce(per hots for actual hours billed by subcontractor)
S 14LOS
S 15.68
$
S tS6 76
Rog -Off Accounts: Demwn a on Hauler -Owned Containers (per day - no hands in 30 days)
S 12.74
S 1.42
5
$ 14.16
RoIOHAccowts: Compactor Wash -Oust
S 20&09
S 23.12
$
S 231.21
Ali Accounts: Organic Container Contamination - First offense During Program Implementation Phase
S 47.38
S 5.26
S
5 5264
All Accounts: Organic Container Contamination - Second Offense Durtrq Program implementation Phase
S 94.76
S 10.53
S
S 10&29
All Accounts: Organic Container Contamination - Third Offense During Pro am implementation Phaso
S 236.89
S 26.32
S
S 263.21
All Accounts: Organic Container Contamination . First Offense During Program Enforcement Period
S 94.76
S W.53
5
$ 105,29
All Accounts: Organic Container Contamination - Second Offense During Program Enforcement Period
S 189.51
S 21.06
S
S 21QS7
All Accounts: Organic Container Contamination - Third Offense During Program Enforcement Period
S 473.78
S 52.64
S
S 526,42
NOW. All rates an "per occurrence" • uNess noted athemise.