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Resolution 2002-27 RESOLUTION NO. 2002-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY SETTING MAXIMUM CHARGES FOR THE COLLECTION OF GARBAGE, RUBBISH, REFUSE AND RECYCLABLE MATERIALS WHEREAS, Chapter 12 of the Gilroy City Code provides that the City of Gilroy ("City") may contract for the collection, removal and transportation of garbage, rubbish, refuse and recyclable materials in the City; and WHEREAS, the City and South Valley Disposal & Recycling, Inc., are currently parties to an Agreement Between the City of Gilroy and South Valley Disposal & Recycling, Inc. (SVDR), dated September 2, 1997, ("Franchise Agreement"), and as amended on July 6, 1999, and June 19, 2000, by which the City granted to SVDR the franchise to collect, transport and dispose of garbage, rubbish, refuse and recyclable materials produced within the city limits for the benefit and in the interest of the health, safety and welfare of its citizens; and WHEREAS, the Franchise Agreement provides that after the third year of the Franchise Agreement, the rates and charges set forth in the Agreement shall be subject to adjustments which correspond to increases or decreases in price indexes in accordance with terms and conditions set forth in Exhibit "J" of the Franchise Agreement; and WHEREAS, pursuant to paragraph 10 of the Franchise Agreement, subsection (d) (i) entitled "Special Requests for Extraordinary Rate Adjustments", SVDR is requesting a one year adjustment beginning July I, 2002 through June 30, 2003 to cover the costs of Specific Waste Consulting Group's ("Consultant") analysis regarding the City's and SVDR's compliance with waste stream diversion requirements of AB939; and WHEREAS, pursuant to paragraph 10 of the Franchise Agreement, subsection (d) (i) described above, SVDR is requesting a one year increase in rates beginning July I, 2002 to cover the first $25,000.00 of Consultant's costs for an audit of SVDR's performance under the Franchise Agreement; and UH\550153.1 01-041704706002 -1- Resolution No. 2002-26 UHI550153.1 01~41704706002 -2- Resolution No. 2002-26 WHEREAS, the increase in rates due to these Consultant's reports will be for this one year only, and will be subtracted out of the rates beginning July I, 2003 so as not to create a new basis for adjustments corresponding to increases or decreases in price indexes; and WHEREAS, the documentation for this rate adjustment is set forth in City Staff Memos dated March 21, 2002 and letters from SVDR dated February 12, 2002 and April 8, 2002, attached hereto as Exhibit B. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy hereby adopts the maximum charges and rates for collection of garbage, rubbish, refuse and recyclable materials as adjusted in accordance with the terms and conditions set forth in Exhibit "J" of the Franchise Agreement, and such charges and rates set forth in Exhibit A attached hereto and incorporated herein by this reference, to become effective on July I, 2002. PASSED AND ADOPTED this 15th day of April, 2002, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: ~ Thomas W. Springer, ~ud~ Rhonda Pellin, City Clerk SOUTH VALLEY DISPOSAL AND RECYCLING, INC. CITY OF GILROY RATES EFFECTIVE JULY 1, 2002 DESCRIPTION Current Rates Add 1.35% New Rates 1. Residential Customers and Multi-Familv Can Customers (/ncludinq Recvclinq). 1-Can 20.24 0.27 20.51 2-Cans 29.03 0.39 29.42 3-Cans 38.07 0.51 38.58 ~_ ~.~ O.w ~.~ Each Additional Can 10.62 0.14 10.76 Extra Can/Bag Tag 4.25 0.06 4.31 Bulky Item Pickup (Plus Disposal Cost) 12.75 0.17 12.92 Toter Subscription Changes 10.62 0.14 10.76 Low Income Senior 1-Can 2-Cans 3-Cans 4-Cans Hillside 1-Can 2-Cans 3-Cans 4-Cans 2. Multi.Familv Bin Customer Recvclinq Per Unit Charge For recycling service only (option to choose Commercial Service) 17.04 24.25 31.74 39.23 24.44 34.82 45.44 56.07 1.60 3. Commercial and Multi.Familv Bin Customer (Refuse) 1-Can 20.24 2-Cans 30.63 3-Cans 41.26 ~CaM 51.~ Each Additional Can 11.50 4. Commercial Front Loader Service Rates 2 Yard F/L (1x/wk) 2 Yard F/L (2x/wk) 2 Yard F/L (3xlwk) 2 Yard F/L (4x1wk) 2 Yard F/L (5x/wk) 2 Yard F/L (6x/wk) 2 Yard F/L (on call) 3 Yard F/L (1x/wk) 3 Yard F/L (2x/wk) RateJncr_2002xls EXH'B"i~' 13562 254.59 373.56 492.56 611.53 730.50 8829 195.43 368.29 0.23 0.33 0.43 0.53 0.33 0.47 0.61 0.76 0.02 0,27 0.41 0.56 0.70 0.16 183 3.44 5.04 665 8.26 9.86 1.19 2.64 497 17.27 24.58 .3217 39.76 24.77 35.29 46.05 56.83 1.62 20.51 31.04 41.82 52.58 11.66 13745 25803 378.60 499.21 619.79 740.36 89.48 198.07 37326 2/8/2002 1 :34 PM SOUTH VALLEY DISPOSAL AND RECYCLING, INC. CITY OF GILROY RATES EFFECTIVE JULY 1, 2002 Current Add New DESCRIPTION Rates 1.35% Rates 3 Yard F/L (3x/wk) 541.13 7.31 54844 3 Yard F/L (4x/wk) 713.99 9.64 723.63 3 Yard F/L (5x/wk) 886.85 11.97 898.82 3 Yard F/L (6x/wk) 1,059.69 14.31 1,074.00 3 Yard F/L (on call) 125.87 1.70 127.57 4 Yard F/L (1x1wk) 262.14 3.54 265.68 4 Yard F/L (2x1wk) 495.90 6.69 502.59 4 Yard F/L (3x/wk) 72966 9.85 739.51 4 Yard F/L (4x/wk) 96342 13.01 97643 4 Yard F/L (5x/wk) 1,197.18 16.16 1,213.34 4 Yard F/L (6x/wk) 1,430.95 1932 1,450.27 4 Yard F/L (on call) 174.84 2.36 177.20 6 Yard F/L (1x/wk) 381.75 5.15 386.90 6 Yard F/L (2x/wk) 725.96 9.80 735.76 6 Yard F/L (3x/wk) 1,070.18 1445 1,084.63 6 Yard F/L (4x/wk) 1,414.39 19.09 1,43348 6 Yard F/L (5x/wk) 1,75859 23.74 1,782.33 6 Yard F/L (6x/wk) 2,102.79 28.39 2,131.18 6 Yard F/L (on call) 239.70 3.24 242.94 Front Loader Special (per cubic yard) 14.57 0.20 1477 5. Compactor Service Front Loader (per cubic yard) 3115 042 31.57 3-yd F/L compactor (1 x/wk) 405.70 548 411.18 3-yd F/L compactor (2x/wk) 810.52 10.94 82146 3-yd F/L compactor (3x/wk) 1,215.34 1641 1,231.75 6. Debris Box Rates 20 Cubic Yard Debris Box, 330.08 446 33454 Per ton charge (over 3 tons) 63.75 0.86 6461 40 Cubic Yard Debris Box, 550.06 743 55749 Per ton charge (over 6 tons) 63.75 0.86 6461 Debris Box Compactors 3115 042 31.57 (per cubic yard of capacity) 20 Cubic Yard Debris Box (recyclable) 20445 2.76 207.21 40 Cubic Yard Debris Box (recyclable) 36183 4.88 36671 7. Additional Street Sweepina M-F 800am-500pm (Per Hour) 78.35 1.06 7941 Sat-Sun 8:00am-5:00pm.Per Hr+4hr Minimum 13059 176 132 35 RateJncr_2002xls Exhibit 3 2/8/2002 134 PM 04/16/02 Tlm 09:59 FAX 408 846 0500 CITY OF GILROY ......... CITY ATTY 14J002 CITY OF Gn..ROY COMMUNITY SERVICES DEPARTMENT MEMORANDUM DATE: March 21, 2002 TO: Jay Baksa, City Administrator ~i' /.' FROM: Lisa Jensema, Environmental Programs Coordinat0f';' I ' . j SUBJECT: Rate Increase for South Valley Disposal & Recycling I...........~.......................~....................................... Backl!'round: On February 12, South Valley Disposal & Recycling (SVDR) submitted a request for a 1.35% adjustment to the collection rates to be effective July 1, 2002. Under the franchise agreement, SVDR is allowed an annual rate adjustment comprised of the Consumer Price Index and Motor Fuel Index- Staff has reviewed this request and supporting documentation and has determined that it satisfies the formula approved in Exhibit "1" Section A through E of the franchise agreement dated July 1, 1997 between the City and SVDR The agreement states that SVOR is allowed a rate adjustment using a formula of 70% of the Consumer Price Index and 10% of the Motor Fuel Index. One additional element of this rate increase is the inclusion of consulting fees to be paid by SVDR to assist the City in meeting State AB 939 requirements reducing the waste stream by 50%, A consultant has completed a study for the City, which shows that our AB 939 diversion is between 50-55%. It is expected that the California Integrated Waste Management Board (CIWMB) will approve this study at a board meeting in September. A "Gilroy Recycles 2" program has been developed by the consultant that will take . Gilroy to the next level of meeting the State AB 939 requirements. This is an important function as the CIWMB will be looking at further programs and good faith efforts that Gilroy will be accomplishing to ensure this goal is maintained and or expanded in future years. The consultant's study will involve increasing commercial recycling opportunities, sludge diversion from the sewer treatment plant, special event recycling such as the Garlic Festival, and a construction and demolition ordinance to encourage commercial construction projects to recycle, Recommendation: Staff recommends that the City approve SVDR's request for a rate adjustment of 1.35% to be effective July 1, 2002. attachment: Letter dated February 12,2002 re: SVDR's requesl for a rolle adjustment EXHIBIT B "2I.0.1. 04/16/02 Tl~ 09:59 FAX 408 846 0500 CITY OF GILROY ~...... CITY A'ITY I4J 003 People. Service. Environmetlt SOUTH VALLEY DISPOSAL & RECYCLING, INC. February 12,2002 , City of Gilroy Mr. Jay Baksa City Adminstrator 7351 Rosanna Street Gilroy, CA 95020 Re: July 2002 Rate Adjustment Dear Mr. Baksa: As outlined in Exhibit "J" section A thru E of the September 7, 1997 franchise agreement, we submit our request for adjustment to the collection rates effective July I, 2002. Attached are the following exhibits; Exhibit 1 - CPl Calculation CPl calculation using the formula described in Exhibit "J" of the franchise agreement for the Consumer Price Index and the Motor Fuel Index. We have also calculated the increase necessary to cover consulting fees paid by SVD&R (net of franchise fecs). , Exhibit 2A - CPI Documentation Copy of fax from the U.S. Department of Labor. Bureau of Labor Statistics displaying the.required values of the CPI calculation. Exhibit 2B Motor Fuel Index Documentation Copy of fax ii-om the U.S. Department of Labor - Bureau of Labor Statistics displaying the required valucs ofthe MFI calculation. Exhibit 3 - Rate Schedule This table applies the combined CPi factor to the current rates and calculates the adjusted rates for July 1, 2002. Should you have any questions or need additional information, please call me at (408) 847-5700. ii:# I! ;Jd Keith Hester General Manager 7110 ALEXANDER STREET' GILROY, CA 95020 . TELEPHONE (408) 842-3358' FIV< (408) 642-5664 An Employee-Owned Ccnnp''''y txmBlf@ B __,~/16/02 Tlm 09:59 FAX 408 846 0500 CITY OF GILROY ...... CITY A'ITY ~004 SOUTH VALLEY DISPOSAL AND RECYCLING, INC. CITY OF GILROY RATE ADJUSTMENT EFFECTIVE JUL. Y 1, 2002 CPI RATE ADJUSTMENT Formula outlined in Exhibit "J" Section A thru E of the X (I) - X (1-2) September 2, 1997 Franchise Agreement X (1-2) Comiumer Price Index Values X (I) = December, 2001 = X (1-2) = December, 2000 = 1906 184.1 CP\= 190.6-184.1 184.1 CPI = 70% of CPI = II 3.53% 2.470/~11 Motor Fuel Index Values X (I) = December, 2001 = X (1-2) = December, 2000 = 107.1 141.7 MFI = 107.1-141.7 141.7 MFI= -24.42% 10% of MFI = ~ -2.44%11 SDeciaJ One Time Adiustments Monthly Yearly Residential Revenue 214,137 2,569,644 Commercial Revenue 294,167 3,530,004 Debris Box Revenue 105,444 1,265,328 Total Revenue: 7,364,976 Consulting Fees Paid By SVD&R 97,000 Total Special one Time Adjustments: II 1.32%11 Grand Total Rate Increase Percentage: II 1.35%] Rate_lncr _2002.xls EXHfBff B 2/8/2002 1 :34 PM ,04/16/02 Tlm 10:00 FAX 408 846 0500 BUREAU OF LABOR STATISTICS (415) CITY OF GILROY 975-4567 .. ' " ... " -=e _ " "" - .... "0 .....~ .. ~~ ,. 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"., 3 a . 0 n: ... .. .. .. .. .. . ~ .. '" " .. 0 .. .. " ., ..; . .. '" ... .. .. . .-1 " .... .. . . .. .. ,. o '" e o o ... ... .. .. " g- O> .. 0;> " .. .. on ..; .. .. . .. .. .. ... u .. .. ... .. . .04/16/02 Tl~ 10:00 FAX 408 846 0500 CITY OF GILROY 5UREAU OF LABOR STATISTICS (415) 975-4567 .H., CITY AITY ~006 Dl-07-02 O~:21a ~age Qq CPI DOCUMENTATION Consumer Price Index for All Urban C01"sume:rs (CPI-U): IndaxlSls and per~nt changes for selected peMods San Franciseo-Oakland-San Jose CA r1982-84=100 unless otherwise noted' IndexM Pe rcent change from- item and Group Oct. NOlI. D~ Dee. Oct- Nolt. 2001 2001 2001 2000 2001 2001 cXp"ndilure category AI items ~...............d.........._.................n..'''''''' 191.7 . r190.6 DI3.5 -0.6 . All items (1967~100) ....................................... S89.2 - 5B6.t .- - . Food and bevera!18s ...._...........................~._n_ 183.3 - t82.9 2.8 . -0.2 . Food.......n...................................................... 183.5 . 183.1 2.8 -0.2 . Food a2 home ....u......n................................. 188.9 187.7 188.3 2.6 ..0.3 0.3 Food away from home .................................. 177.4 . 177.5 2.6 O.t . Alcoholic beveraR"" ......................-............... 185.0 . 183.9 4.5 .{j.6 . Housin~ ........... ......__.......... ........n.................. 219.9 . 220.2 8.0 0.1 - Shelter ....,...................................................... 250.2 249.2 249.6 9.0 ..0.2 02 Renl of primary residence (1 )........................ 260.5 200.6 261.9 9.4 0.5 0.5 OWners' equivalent rent of primary residence ill (2) .........--............................ 269.2 269.8 271.0 904 0.7 0.4 Fuels and utilities ...._....................................,. 170.4 - 182.8 8.9 4.2 - Fuels ._....._..~u...... .._.........._n........ ....... .......... 178.9 178.8 186.9 10.0 4.S 4.0 Ga. (piped) and electricity (1).._................... 178,5 178.7 187.1 10.6 4.8 4.7 Electrioitv (1 ).........................._....... ............, 233.7 223.3 223.3 41.3 --4.5 0.0 Utility natural ~as &eNice (1)_..._................. 99.1 118.3 142.3 -31.0 43.6 20.3 HOIJsehold fumishings and OP"ralions .......... 130.6 . 131.5 -0.2 0.7 . Apparel .............. .-...............,......".II...II......~... 110.4 - 103.5 -8.3 -6.3 . Transponation ................................................. t42.7 . 138.5 ~ -2.9 . FJorivate transpOrtation ...................................... 135.5 . 131..1l .3.3 . Motorfuel.............____...__......... 133.0 123.7. ("107.1 )1"" .24.4 -19.5 -13.4 Gasoline (alllypes) .-.-................................ 131.5 122.3 -, 05.8 -24,4 -19.5 -13.5 , Gasolinel unleaded regular (3}._................. 129.2 lt9.9 103.2 -252 -20.1 -13.9 Gasoline. unleaded mlclRrede (3) (4)_......... 125.4 116,5 101.5 .23.9 .19.1 -12.9 Gasoline, unleaded premium (3)................. 130.4 122.2 106.8 -22.6 .18.1 -12.6 Medical care .............._...._.....................-...... 255.8 - 261.0 4.8 2.0 - . Recreation (5)................................_................ 93.4 . 93.3 .2.2 .(J.t - cduo:atJon and communication (5)................... 110.3 . 110.1 3.9 -0.2 - Other """ds ~nA sel'llices ................. ....-_..... 305.3 - 306.4 3.6 004 . ~e footnotes at end of table. RaleJncr_2002.xls EXfilBff B 2/8/2002 1:34 PM _____~04/16/02 11m 10:00 FAX 408 846 0500 ; CITY OF GILROY . . -+-+07 CITY ATI'Y 141007 SOUTH VALLEY DISPOSAL AND RECYCLING, INC. CITY OF GILROY RATES EFFECTIVE JULY 1, 2002 DESCRIPTION Current Rates Add 1.35% New RatelS 1. Residential Customers and Multi-Familv Can Customers (lnc/udincr ReevclinaJ, 1-Can 20.24 0.27 20.51 2-Cans 29.03 0.39 29.42 3-Cans 38.07 0.51 38.58 4-Cans 48.69 0.66 49.35 Each Additional Can 10.62 0.14 10.76 Extra Can/Bag Tag 4.25 0.06 4.31 Bulky Item Pickup (Plus Disposal Cost) 12.75 0.17 12.92 Toter Subscription Changes 10.62 0.14 10.76 Low Income Senior 1-Can 2.Cans 3-Cans 4-Cans Hillside 1-Can 2-Cans 3-Cans 4-Cans 2. Multi-Familv Bin Customer Recvclincr Per Unit Charge For recycling service only (option to choose Commercial Service) 17.04 24.25 31.74 39.23 24.44 34.82 45.44 56.07 1.60 3. Commereial and Multi-Familv Bin Customer (Refusel 1-Can 20.24 2-Cans 30.63 3.Cans 41.26 4-Cans 51.88 Each Additional Can 11.50 4. Commercial Front Loader Service Rates 2 Yard F/L (1xJwk) 2 Yard F/L (2xtwk) 2 Yard F/L (3x1wk) 2 Yard F/L (4xJwk) 2 Yard F/L (5x/Wk) 2 Yard F/L (6x1wk) 2 Yard FIL (on call) 3 Yard F/L (1x/Wk) 3 Yard F/L (2xfwk) Rale_lncr_2002.xls EXHIBIT B 135.62 254.59 373.56 492.56 611.53 730.50 88.29 195.43 368.29 0.23 0.33 0.43 0.53 0.33 0.47 0.61 0.76 0.02 0.27 0.41 0.56 0.70 0.16 1.83 3.44 5.04 6.65 8.26 9.86 1.19 2.64 4.97 17.27 24.58 32.17 39.76 24.77 35.29 46.05 56.83 1.62 20.51 31.04 41.82 52.58 11.66 137.45 258.03 378.60 499.21 619.79 740.36 89.48 198.07 373.26 2/812002 1 ;34 PM 04/1~02 Tlm 10:01 FAX 408 846 0500 CITY OF GILROY . . . H-+ CITY ATI'Y 1lJ008 SOUTH VALLEY DISPOSAL AND RECYCLING, INC. CITY OF GILROY RATES EFFECTIVE JULY 1, 2002 DESCRIPTION 3 Yare FIL (3x1wk) 3 Yard FIL (4x1wk) 3 Y..rd FIL (5x1wk) 3 Yard FIL (6x1wk) 3 Yard FIL (on call) 4 Yare FIL (1x1wk) 4 Yard FIL (2x1wk) 4 Yard FIL (3x1wk) 4 Yard FIL (4x1wk) 4 Yard FIL (5x1wk) 4 Yard F/L (6x1wk) 4 Yard FIL (on call) 6 Yard FIL (1x1wk) 6 Yard F /L (2x1wk) 6 Y..rd FIL (3x1wk) 6 Yard FIL (4x1wk) 6 Yard FIL (5x1wk) 6 Yard FIL (6x1wk) 6 Yard F/L (on call) Front Loader Special (per cubic yard) 5. ComDactor Service Front Loader (per cubic yard) 3-yd FIL compactor (1x/wk) 3-yd F/L compactor (2xlwk) 3-yd F/L compactor (3x1wk) 6. Debris Box Rates 20 Cubic Yard Debris Box, Per ton charge (over 3 tons) 40 Cubic Yard Debris Box, Per ton charge (over 6 tons) Debris Box Compactors (per cubic yard of capacity) 20 Cubic Yard Debris Box (recyclable) 40 Cubic Yard Debris Box (recyclable) 7. Additional Street SweeDlna M-F 8:00am-5:00pm (Per Hour) Sat-Sun 8:00am-5:00pm-Per Hr+4hr Minimum RateJncr_2002.xls EXlIIBlr 8 Current Rates 541.13 713.99 886.85 1,059.69 125.87 262.14 495.90 729.66 963.42 1,197.18 1,430.95 174.84 381.75 725.96 1,07018 1,414.39 1.758.59 2,102.79 239.70 14.57 31.15 405.70 810.52 1,215.34 330.08 63.75 550.06 63.75 31.15 204.45 361.83 78.35 130.59 Add 1.35% 7.31 9.84 11.97 14.31 1.70 3.54 6.69 9.85 13.01 16.16 19.32 2.36 5.15 9.80 14.45 19.09 23.74 28.39 3.24 0.20 0.42 5.48 10.94 16.41 4.46 0.86 7.43 0.86 0.42 2.76 4.88 1.06 1.76 New Rates 548.44 723,63 898.82 1,074.00 127.57 265.68 502.59 739.51 976.43 1,213.34 1,450.27 17720 386.90 735.76 1.084.63 1,433.48 1,782.33 2.131.18 242.94 14.77 31.57 411.18 821.46 1,231.75 334.54 64.61 557.49 64.61 31.57 207.21 366.71 79.41 132.35 2/812002 1 :34 PM . People. Service. Environment SOUTH VALLEY DISPOSAL & RECYCLING, INC. TO: FROM: Mr. Jay Saksa, City Administrator City of Gilroy Keith Hester, General Manger I/' Jk South Valley Disposal and ReCYCling~"V RE: Rate Adjustment DATE: April 8, 2002 The purpose of this memorandum is to clarify some issues with regard to the. commercial recycling program within the City of Gilroy, as well reviewing the process of payment to third party consultants, and specifically what is recoverable through the rate structure. First I will address the current commercial recycling programs. Prior to January 1, 2001 South Valley Disposal (SVDR) did charge for commercial bin recycling as per the agreement rate structure. However, due to the low program anticipation, even with the bin recycling rates 30% lower than the garbage rates, a decision was made to offer commercial recycling at no charge at all. That change went into effect on January 1, 2001. The customers who were being charged were sent a letter stating that the service would no longer be at a cost, and the billing was stopped. The "no charge" recycling has been received favorably by those who wish to recycle. However, even after promoting the program the number of businesses participating as of today is 395. The total number of commercial customers in the City of Gilroy is 710. The Recycling Coordinator for SVDR, Julie Osborne, has reached out to the public via mailers as well as personal contacts, but the recurring issues we hear form the business community are 1) they do not have room for a second container, and 2) they do not wish to take the time to separate out recyclables form the waste, nor have their employees do so. This mindset is difficult to overcome, which leads me to my next point. The best incentive for a commercial business is typically monetary. For a generator of substantial mixed paper and cardboard, there is opportunity to reduce the level of garbage service they currently are utilizing. For example, if some businesses were to be diligent in recycling, they may be able to reduce form a 3-yard bin to a 2-yard bin, or some other combination. That creates a 7110 A.lEXANOER STREET. GilROY. CA 95020 . TELEPHONE (408) 842-3358' fAX (408) 842-5664 An E-mployee-Oumed Company PRI"mJJmf B ---:2JI . A - I . financial incentive to recycle the materials. The other portion of the recycling promotion is from an environmental standpoint. However, there are many who disregard this as not worthy of the efforts. Even that can have future fiscal implications to the City and ultimately the customers. Not diverting waste fills up the landfills more quickly and escalates the prices at the landfills; essentially the supply and demand of simple economics. The other fiscal issue is the looming state penalties for non-compliance. Although Gilroy appears to have exceeded its state mandated waste diversion goals, those goals may escalate upwards in the futu re. Over the past two years Julie Osborne and Lisa Jensema have worked closely to determine the best approach to bringing additional commercial recycling customers into a recycling program. Specifically, they have completed the following and continue to work through these public outreach tools: · Mailers have been sent out to commercial customers advising them of the available recycling programs to them. · Channel 17 Public Information Television has been utilized to discuss and promote recycling and recycling programs. . Newspaper advertisements in the Gilroy Dispatch. · Commercial customers who currently are recycling were sent a letter on July 9, 2001 as a reminder of the options for container sizes, carts or bins, and an extensive list of what can be included in the recycling containers. · In addition to individual mailers, Julie Osborne and Lisa Jensema approached GUSD and started the schools on a recycling program using 96-gallon carts for mixed paper and mixed recyclables. For the schools that generate a substantial volume of cardboard, they were given bins for cardboard only. · Each month in the Gilroy Chamber of Commerce paper an ad is featured that speCifically asks the question "Does Your Business Recycle"? It goes on to list Julie Osborne's name, phone number, and encouragement to sign up. . · Julie has been door to door with a number of businesses promoting the recycling program, with some successes. . Currently SVDR and the City of Gilroy are working together to develop a comprehensive recycling program for the Garlic Festival. Last year at the Garlic Festival, SVDR did place cardboard recycling containers on site, but it can be improved upon this year. . SVDR and the City of Gilroy have been actively pursuing additional commercial recycling customers, and will continue to do so. . This July, the recycling program will expand to accept plastics #3 through #7. Finally I wish to address the payment of the consultant as well as the percentage of franchise fees remitted to the City. In the agreement with the City of Gilroy SVDR remits to the City a franchise and administrative fee totaling 9%. EXHIBIT B , . . Additionally according to the agreement SVDR has the capability to recover the expense of retaining a consultant through the rate structure. It was at the City's request that the consultant be retained to further enhance its diversion volumes. As you are aware, the California Integrated Waste Management Board continues to apply pressure to cities and counties for greater diversion percentages. As such additional "digging" and programs will need to be initiated. The most efficient way for the consultant to be paid is to invoice SVDR and place the consulting payment(s) in the rate base for a one-year period. On page twenty- seven (27) of the agreement between SVDR and the City of Gilroy, it states that the "Contractor shall have the option of filing a special request, with supporting documentation, for an adjustment to the rates to recover any significantly increased costs that Contractor can demonstrate have resulted from extraordinary and unanticipated changes in circumstances occurring during tlJP' term of this Agreement..." Those circumstances include "other extraordinary events or circumstances beyond the reasonable control and anticipation of the Contractor." The consulting fees would fall into the above category as an unanticipated circumstance and expense. The other consulting fee being considered currently is that of the five-yea~ performance audit. SVDR is obligated to pay the first $25,000 of this . performance audit and the agreement allows for the pass through of this fee as' well, so as not to cut into the City's budget. The City of Gilroy's philosophy has been to work on a cost-basis for extraordinary fees, rather than place them in the, operating budget. The contrast to this philosophy as opposed to Morgan Hill is that Morgan Hill chooses to have a higher franchise fee, 16%, and to pay for the consultants from its operating budget. SVDR did pay $7296.75 to the City of Morgan Hill for the last performance audit. This fee is clearly spelled out as a fee the Contractor is obligated to reimburse the City of Morgan Hill. However, with that stated, SVDR did pay $11,996.63 to Pacific Waste Consulting Group during 2001 without reimbursement. This was done outside of the confines of the agreement as a good faith effort. Therefore, SVDR actually has remitted more money on behalf of the City of Gilroy than it has on Morgan Hill. One last item of extreme importance is that SVDR pays for the garbage and yard waste carts, as well as the recycling tubs from our capital, and we pay the depreciation on them. Morgan Hill raised its franchise fees to pay for their own yard waste and recycling containers, rather than have SVDR expend the capital. We have no debt obligation or monthly amortization expense for the City of Morgan Hill's containers. Essentially there are two methods of thinking; in Gilroy it is to pay for consultants as necessary, and have SVDR expend it's capital for carts and tubs. Morgan Hill has a different philosophy; to retain a greater franchise fee for the budget and to pay for consultants from their budget. They also choose to purchase their own EXHIBIT B I I containers. The end result seems to show much equity between the two agreements. I will be in attendance at the April 15, 2002 City Council Meeting and I look forward to presenting this information to the Mayor and Council at that time. EXHIBIT B I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2002-26 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 15th day of April, 2002, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 25th day of April, 2002. dP~~' City lerk of the .City of Gilroy ( Seal) RESOLUTION NO. 2002-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING APPLICATION SPE 02-01, AN APPLICATION FOR A SMALL PROJECT EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE, APN 790- 16-061 WHEREAS, Mark Hewell, c/o MH Engineering, ("Applicant") submitted Application SPE 02-01, requesting a Small Project Exemption from the Residential Development Ordinance ("RDO'') for the purpose of constructing up to 11 single-family housing units ("Project"); and WHEREAS, the City Council may grant the requested RDO exemption only if it determines that it meets the criteria set forth in Zoning Ordinance section 50.62(b)(1), which criteria is set forth and fully discussed in the Staff Report dated March 22, 2002, revised April 8, 2002, which is attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the City has determined that the review and approval of an application for a Small Project Exemption from the RDO does not confer any entitlement for residential development and therefore is not a "project" for the purposes of review pursuant to the California Environmental Quality Act; and WHEREAS, the Planning Commission reviewed Application SPE 02-01 at a duly noticed public hearing on April 4, 2002, and voted to forward the request to the City Council with a recommendation of approval of Application SPE 02-01; and WHEREAS, the City Council reviewed Application SPE 02-01 and all documents relating thereto and took oral and written testimony at its duly noticed public hearing of April 15, 2002; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this approval is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED TIIAT A. The City Council makes the following findings based on the substantial evidence in the record, including the attached Staff Report, that Application SPE 02-01 is consistent with each of the three elements set forth in Zoning Ordinance section 50.62(b )(1) as follows: (1) The water system, sewer system and street system are located at the Project's UH\550797.1 01-042304706002 -1- RESOLUTION NO. 2002-27 boundaries; (2) The Project will create 11 single family lots that cannot be further subdivided; and (3) The parcel was created prior to October 4, 2001. B. The request for a Small Project Exemption from the RDO, Application SPE 02-01, to allow construction of up to 11 single-family housing units is hereby approved subject to the four (4) conditions in the attached Staff Report. PASSED AND ADOPTED this 6th day of May, 2002, by the following AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE NONE APPROVED: - ,~5jJ~'i~< Thomas W. Springer, May A;tt:; /) c-; "" ,,{;lc;:,u -< ~, Rhonda Pellin, City Clerk UH\550797.1 01-042304706002 -2- RESOLUTION NO. 2002-27 Exhibit A Community Development Department Planning Division (408) 846-0440 Small Project Exemption March 22, 2002 Revised April 8, 2002 HLE NUMBER: SPE 02-01 APPLlCANT: Mark Hewell (c/o MH Engineering) (408) 779-7381 LOCATION: West side of Church Street north of Chappel Court and across from Woodworth Way STAFF: Cydney Casper (ccasoer@ci.gilroy.ca.us) REQUESTED ACTION: Small Project Exemption request for I I single family residences. DESCRIPTION OF PROPERTY: Parcel Numbers: Land Area: Flood Zone: "X" 790-16-061 1. 9 acres Panel # 060340 0002 D Date: 8-17-98 STATUS OF PROPERTY: Existing Land Use General Plan Designation Zoning Vacant land Low Density Residential AI STATUS OF SURROUNDING PROPERTIES: Existing Land Use General Plan Designation Zoning North: Water District Channel East: Single Family Residences South: Single Family Residences West: Vacant Land Park/Public Facility Low Density Residential Low & Medium Density Residential Low Density Residential PF R1 R11R3 A1 SPE 02-01 2 03/22/02 Revised 4/8/02 CONFORMANCE OF REQUEST WITH GENERAL PLAN: The proposed project confonns to the land use designation for the property on the General Plan map, and is consistent with the intent of the text of the General Plan Document. This project also confonns with the policies of Gilroy's General Plan. The following examples demonstrate this compliance: Urban Development and Communitv Design (Section II): Policy 3: "Urban Development will only occur within the incorporated portion of the Planning Area. Land will therefore be annexed to the City before final development approval is given. " Policy 4: "The City will phase development in an orderly, contiguous manner in order 10 maintain a compact development pal/ern to avoid premature investment for the extension of public facilities and services. New urban development will occur in areas where municipal services are available and capacity exists prior to the approval of development in areas which would require major new facility expansion. The proposed project is in conformance with these policies, because this property is already located within the incorporated City limits and because municipal services are currently available near this site. ENVIRONMENTAL IMPACTS: CATEGORICAL EXEMPTION: The California Environmental Quality Act (CEQA) provides a categorical exemption that applies to this request: Class 32, Section 15332; "1n-Fill Development Projects ". ANALYSIS OF REQUEST: Issues & Concerns: If approved for Small Project Exemption, for 11 units, allocation as per Section 50.62 of the Zoning Ordinance, the following shall be addressed prior to project build-out: ~ The configuration of the private driveways and use of turf block in front of Lots 8 and 9 must be resolved before tentative map approval. ~ The drainage swale on lots 7, 8 and 9 must be addressed to meet City Standards prior to any tentative map approval. Proiect Stremlths: The following characteristics of this project were considered to be strengths when evaluating this application: 1& The proposed project site is considered predominantly an "infill" development. 1& The proposed request is consistent with the intent of the goals and policies of the City's General Plan document. SPE 02-01 3 03/22/02 Revised 4/8/02 Prior To Development, The Applicant Will Be Required to: #1. Rezone the property from AI to RI consistent with the General Plan Land Use Designation #2. Complete a Tentative Map to subdivide the property. #3. Concurrently obtain Architecture and Site Planned Unit Development Review approval CRITERlA (per Section 50.62, attached): # I. The water system, sewer system, and street system must be adjacent to the property boundary; Finding - Consistent: The water system, sewer system, and street system are located at this property's houndaries. #2. No project that requires more than twelve units to completely build-out the property is eligible for this exemption. It is specifically the intention of this requirement to eliminate the possibility of further development on the property through further division or zoned density absorption. Finding - Consistent: The project will create 11 single-family lots that cannot be further su bdivided. #3. Existing parcels ofland that are larger than the square footage required to develop under this exemption and which are divided into smaller parcels after October 4,2001, shall not be allocated units under this exemption even if the new parcels otherwise meet the criteria. This requirement is intended to preclude the possibility of a large parcel being divided to qualifY for tbe Small Project Exemption. Finding - Consistent: The parcel was created prior to October 4, 2001. RECOMMENDA TlON Staff recommends that the Planning Commission forward a recommendation of approval of this Small Project Exemption request to the City Council. Staff further recommends that the following 4 conditions be applied to the project: I. An RDO Performance Agreement must be completed prior to the completion of any Final Map. 2. The applicant shall meet the following conditions subject to the review and approval of the Planning Division (408) 846-0440: a. The applicant shall obtain an approved Zone Change application prior to approval of any Tentative Map. SPE 02-01 4 03/22/02 Revised 4/8/02 b. The applicant shall obtain an approved Tentative Map application and accompanying Architectural and Site Review (Planned Unit Development) approval prior to the issuance of any building permits. c. The applicant shall provide additional amenities to the project as required under Section 50.55 of the Zoning Ordinance for Planned Unit Developments. 3. The applicant shall meet the following conditions subject to the review and approval of the Deputy Fire Marshal (408) 846-0430: a. Provide another alternative for access through the project. Turf block is not an acceptable option. 4. The applicant shall meet the following conditions subject to the review and approval of the Engineering Division (408) 846-0450: a. Show the following on the future Tentative Map application submittal: * Tract number and name, or designation. * Sufficient legal description of the land as to define the boundaries of the proposed tract. * Approximate radii of all curves * Direction of flow of all watercourses and natural drainage channels b. Improvement plans are required. c. Sidewalks are required along all lot frontages, including the private driveway d. Remove the handicap ramp from the knuckle. e. A ten-foot public utilities easement is required behind all public right-ol-way. f The private driveway is a separate lot and also requires a homeowner association for maintenance. g. Provide fire hydrants along the private drive. h. Loop the water line to Church Street. I. The turf block section is not acceptable. SPE 02-0] 5 03/22/02 Revised 4/8/02 On April 4, 2002, the Planning Commission voted 6-0-1 (Commissioner Correa absent) to forward a recommendation of appro va] to the City Council. am Faus Planning Division Manager bfaus@ci.gilroy.ca.us . . SPE 02-01 Hewell >--:-. .\". /, \ ~. '>.. . ' :\~ \ <;\ / / ~.' .~ ..~ . I I_II )l' \: -...; r Oi!" j,I..r,)n,I.I!li G'~;, '.SI] .-1 :PF I.I~I. , ..;,~ j "RI t'n"~itl = . . SPE 02-01 Hewell N SCALf . 229: i--- I-- 1--. 200 0 200 FEET 400 600 A http://128.1.2.234/gilroy3/mapslGilroy.mwf Thursday, March 21. 2002 12:25 PM I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certity that the attached Resolution No. 2002-27 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 6th day of May, 2002, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 10th day of May, 2002. ~~~. City Clerk of the City of Gilroy (Seal)