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12 - Public Hearing Solid Waste Annual Charge Costa Mesa Sanitary District …an Independent Special District Protecting our community’s health and the environment by providing solid waste and sewer collection services. www.cmsdca.gov Memorandum To: Board of Directors From: Scott Carroll, General Manager Date: June 27, 2013 Subject: Solid Waste Annual Charge Summary On April 18, 2013, staff presented to the Board of Directors the proposed solid waste rate for FY 2013-14 and 2014-15. The Board approved continuing the public hearing to June 27, 2013 so that staff can renegotiate with CR&R on lowering the hauler and/or recycling/disposal rates. Before determining the annual solid waste charge per residential parcel in CMSD, staff needs to determine the total cost it takes to operate the solid waste program. To do that staff looks at five (5) key expenses, which are described in more details below. Staff Recommendation That the Board of Directors reconvenes the public hearing and approves Resolution No. 2013-833 confirming and adopting the Report and directing Clerk to File with County Auditor. Analysis The following are the five (5) key expenses of the District’s Solid Waste Program and how the annual charge is calculated. 1. Hauler Rate The hauler rate of $9.1554 was established when the contract was executed with CR&R in 2006. The hauler rate of $9.1554 has remained unchanged since 2006. ITEM NO. 12 Board of Directors June 27, 2013 Page 2 of 8 For the purpose of this report the rate will remain unchanged; however, staff and CR&R are negotiating lowering this rate by $0.25 to $8.9054. An amendment to CR&R’s agreement that includes the rate reduction will be presented to the Board on July 25, 2013. To determine the annual cost for the hauler, the rate is multiplied by the total CMSD hou sehold served. In FY 2013-14, staff is estimating 21,571 households will be served. The annual hauler cost is calculated below. Household Rate Monthly Cost Annual Cost 21,571 X 9.1554 $197,491 X 12 = $2,369,892 2. Recycling/Disposal Rate Th e recycling/disposal rate consists of a transfer station fee for recycling, which is set at $41.22 per ton, and half of the landfill tipping fee due to CMSD’s 50% diversion requirement. In 2006, the landfill tipping fee was $22.00 a ton so CR&R’s disposal fee is $11.00. The District’s Recycling/Disposal Rate is $52.22 after adding together the transfer station fee ($41.22) and CR&R’s disposal fee ($11.00). This rate has remained unchanged since 2006. For the purpose of this report the rate will remain unchanged; however, staff and CR&R are negotiating lowering this rate by $0.25 to $51.97 per ton. An amendment to CR&R’s agreement that includes the rate reduction will be presented to the Board on July 25, 2013. Note: The current tipping fee is $31.37 a ton; however, OC Waste & Recycling is going to increase the tipping fee in FY 2013-14 by 2.16%. The new tipping fee in FY 2013-14 will be $32.05 a ton. Half of this fee is $16.02, which means the actual recycling/disposal rate should be $57.24, but CR&R has agreed not to raise this rate. To determine the annual recycling/disposal cost, the rate is multiplied by the es timated total tonnage. Staff is estimating the total tonnage in FY 2013-14 will be 39,851 tons. The annual recycling/disposal cost is calculated below. Tonnage Rate Annual Cost 39,850 X 52.22 = $2,080,967 3. Salaries and Benefits The FY 2013-14 Budget for salaries and benefits is $517,400 Board of Directors June 27, 2013 Page 3 of 8 4. Operations and Maintenance (O&M) O&M consists of professional services, legal services, election costs, tools and equipment, building maintenance, postage, etc. The FY 2013-14 Budget for O&M is $254,560. 5. Programs This expense consists of CMSD special programs such as sharps, HHW, scavenging, education, pharmaceutical and telephone book recycling. The FY 2013-14 Budget for Programs is $130,900 . The total for these five (5) expenses is $5,275,382 , as shown below. Hauler $2,369,892 Recycling/Disposal 2,080,967 Salaries & Benefits 517,400 O&M 254,560 Programs 130,900 TOTAL: $5,353,719 REVENUES Before calculating the annual charge, staff looks at other revenue sources to help offset the expenses identified above. Other revenue sources include additional container charge, property taxes, investment earnings and CR&R contributions such as education programs and scavenging. The estimated revenue from these sources is identified below. Additional Container Charge 100,000 Property Taxes 200,000 Investment Earnings 50,000 Other 100,000 TOTAL: $450,000 When these revenues are used to offset the total expenses the net cost is $4,903,719 as shown below. 5,353,719 – 450,000 = 4,903,719 Board of Directors June 27, 2013 Page 4 of 8 ANNUAL CHARGE CMSD needs to calculate a charge that will generate enough revenue to cover the net expense of $4,903,719. To determine the annual charge staff divides the net rate with the total household as shown below. 4,903,719 21,571 = 227.33 12 = $18.94 The annual charge needed to pay for solid waste expenses is $18.94 per residential parcel . FY 2014-15 Using the same calculations above, staff has calculated the annual charge for FY 2014-15, which is described in more details below. 1. Hauler Rate Household Rate Monthly Cost Annual Cost 21,845 X 9.1554 $200,000 X 12 = $2,400,000 2. Recycling/Disposal Rate Tonnage Rate Annual Cost 40,214 X 52.22 = $2,099,975 3. Salaries and Benefits The FY 2014-15 Budget for salaries and benefits is $565,300 4. Operations and Maintenance O&M consist of professional services, legal services, election costs, tools and equipment, building maintenance, postage, etc. The FY 2014-15 Budget for O&M is $269,085 5. Programs This expense consists of CMSD special programs such as sharps, HHW, scavenging, education, pharmaceutical and telephone book recycling. The FY 2014-15 Budget for Programs is $140,500 . The total for these five (5) expenses is $5,474,860 , as shown below. Board of Directors June 27, 2013 Page 5 of 8 Hauler $2,400,000 Recycling/Disposal 2,099,975 Salaries & Benefits 565,300 O&M 269,085 Programs 140,500 TOTAL: $5,474,860 REVENUES Staff is estimating other revenue sources will be flat in FY 2014-15. When these revenues are used to offset the total expenses the net cost is $4,945,935 as shown below. 5,474,860 – 454,000 = 5,020,860 ANNUAL CHARGE CMSD needs to calculate a charge that will generate enough revenue to cover the net expense of $5,020,860. To determine the annual charge staff divides the net rate with the total household as shown below. 5,020,860 21,571 = 232.76 12 = $19.40 The annual charge needed to pay for solid waste expenses is $19.40 per residential parcel. RECOMMENDATION Last year, the Board approved reducing the solid waste annual charge from $239.40 ($19.95 a month) to $228.00 ($19.00 a month). Based on the calculations above, the annual charge would decrease slightly again to $227.33 ($18.94 a month) in FY 2013-14, but the charge will increase in FY 2014-15 to $232.76 ($19.40 a month) and would require the District to comply with Prop 218 procedures. Staff performed a long term rate stabilization analysis at an annual charge of $216 .0 0 or $18.00 a month in FY 2013-14 and in FY 20 14 -15. The analysis includes allocating the District’s undesignated Solid Waste Reserves to offset projected net deficit balances in the Board of Directors June 27, 2013 Page 6 of 8 Solid Waste Fund. Attachment A demonstrates the District could maintain an annual charge of $216.00 for the next six years when allocating the undesignated reserves and the fund balance can stabili ze the charge for at least six years. Attachment B is a solid waste survey that shows CMSD’s proposed full rate will rank 17 th out of 35 Orange County communities. The recommend solid waste rate of $216 or $18.00 a month will generate $4,659,000 in charges. The proposed annual charge of $4,659,000 will not exceed the funds required to provide the services as identified below. FY 2013-14 Hauler $2,369,892 Recycling/Disposal 2,080,967 Salaries & Benefits 517,400 O&M 254,560 Programs 130,900 TOTAL: $5,353,719 FY 2014-15 Hauler $2,400,000 Recycling/Disposal 2,099,975 Salaries & Benefits 565,300 O&M 269,085 Programs 140,500 TOTAL: $5,474,860 In addition, the revenue from the charge will not be used for any purpose other than for which the charge is imposed. For instance, no funds derived from the charges will be used for liquid waste programs. Also, the proposed charge imposed upon any parcel or person as an incident of property ownership does not exceed the proportional cost of the service attributable to the parcel. Furthermore, the proposed charge is not imposed for service unless the service is actually use by, or immediately available to, the owner of the property in question. For instance, properties are only charged if they are occupied. Vacant lands are not charged for solid waste service. Board of Directors June 27, 2013 Page 7 of 8 Finally, no charge is imposed for general governmental services such as police, fire, ambulance, parks or streets but is only imposed for sewer services. Strategic Plan Element & Goal This item adheres to the objective and strategy of Strategic Element 7.0, Finance , which states: “Objective: To ensure the short and long-term fiscal health of the District Strategy: The Di strict will forecast and plan revenue and expenditures and maintain appropriate reserves and investments to provide financial resources to fund current and planned operations and projects.” Legal Review District Counsel has reviewed and approved the resolution. Financial Review Currently, there is approximately $4,148,224 in undesignated Solid Waste Reserves. If revenues remain flat and assuming expenses increased 3% a year, the Solid Waste Fund Balance will be exhausted by 2019-20 . Staff recommends maintaining a minimum Fund Balance of $2,295,000 to pay for on-going expenses before the assessment revenues are dispersed from the County to the District. Given that the District has a dry period from June through October, staff recommends maintaining at least five month worth of reserves, which is approximately $2 .3 million. An annual charge of $216 ($18.00 a month) will generate an estimated $4,659,000 for FY 2013-14 and FY 2014-15 . As a result, the District will be projected to have a negative net balance of ($244,860) in FY 2013-14 and a negative net balance of ($361,860 in FY 2014-15. Funds from the undesignated Solid Waste Reserves will be allocated to balance the proposed two year budget. The annual charge would have to increase by 2019-20 in order to keep a minimum of $2 .3 million in reserves. However, the charge increase would be the first in thirteen years. Committee Recommendation Not applicable Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the June 27 , 2013 Board of Directors regular meeting at District Headquarters and on District’s website. Board of Directors June 27, 2013 Page 8 of 8 Alternative Actions 1. Refer the matter back to staff Reviewed by: Marc Davis District Treasurer/Interim Accounting Manager Attachments A . Long Term Solid Waste Rate Study B . Solid Waste Rate Survey C. Solid Waste Power Point Presentation D. Resolution No. 2013-833 Adopting Solid Waste Annual Charge Public Hearing – Solid Waste Annual Charges Board of Directors Meeting June 27, 2013 Solid Waste Annual Charge 5 key expenses 1. Hauler Rate - $9.1554 per household Household Rate Monthly Cost Annual Cost 21,571 X 9.1554 $197,491 X 12 = $2,369,892 Solid Waste Annual Charge 5 key expenses 2. Recycling/Disposal Rate - $52.22 per ton Transfer Station Fee: $41.22 Recycling Fee: Landfill tipping fee – 50% Diversion ($22 -$11) = $11 $41.22 + $11.00 = $52.22 Solid Waste Annual Charge 5 key expenses 2. Recycling/Disposal Rate - $52.22 per ton Tonnage Rate Annual Cost 39,850 X 52.22 = $2,080,967 Solid Waste Annual Charge 5 key expenses 3. Salaries and Benefits Proposed FY 2013-14 - $517,400 4. Operations and Maintenance (O&M) Proposed FY 2013-14 - $254,560. Solid Waste Annual Charge 5 key expenses 5. Programs Proposed FY 2013-14 - $130,900 Solid Waste Annual Charge 5 key expenses 1. Hauler $2,369,892 2. Recycling/Disposal 2,080,967 3. Salaries & Benefits 517,400 4. O&M 254,560 5. Programs 130,900 TOTAL: $5,353,719 Solid Waste Annual Charge Revenues Additional Container Charge 100,000 Property Taxes 200,000 Investment Earnings 50,000 Other 100,000 TOTAL: $450,000 Solid Waste Annual Charge Revenues 5,353,719 – 450,000 = $4,903,719 1. The proposed charge will not exceed the funds required to provide the service ($5,353,719) Solid Waste Annual Charge Revenues Annual Charge 4,903,719 / 21,571 = 227.33 12 = $18.94 The proposed annual charge per residential parcel FY 2013-14: $227.33 or $18.64 a month FY 2014-15: $232.76 or $19.40 a month Solid Waste Annual Charges Revenues Proposed Annual Charge FY 2013-14: $216.00 or $18.00 a month FY 2014-15: $216.00 or $18.00 a month 2013 -14 2014 -15 2015 -16 2016 -17 2017 -18 2018 -19 2019 -20 Expenses 5,353,860 5,474,190 5,638,415 5,807,568 5,981,795 6,161,249 6,346,086 Annual Charge 4,659,000 4,659,000 4,659,000 4,659,000 4,659,000 4,659,000 5,912,180 $274.08 Annual or $22.84 monthly Add Contain 100,000 100,000 100,000 100,000 100,000 100,000 100,000 Property Tax 200,000 200,000 200,000 200,000 200,000 200,000 200,000 Investment 50,000 54,000 53,000 50,000 46,000 40,000 40,000 Contributions 25,000 25,000 25,000 25,000 25,000 25,000 25,000 Other 75,000 75,000 75,000 75,000 75,000 75,000 75,000 Total Revenue: 5,109,000 5,113,000 5,112,000 5,109,000 5,105,000 5,099,000 6,352,180 Net: (244,860) (361,190) (526,415) (698,568) (876,795) (1,062,249) 6,094 Fund Balance 4,148,224 3,942,398 3,617,020 3,121,511 2,447,172 1,586,081 Net Balance 3,903,364 3,581,208 3,090,605 2,422,943 1,570,378 523,832 Notes After 2014-15, expenses increase 3% per year Fund Balance earning 1% interest per year Solid Waste Annual Charges – $18.00 a month Projections 1 Placentia 22.22 2 Stanton 21.09 3 Garden Grove 20.46 4 Cypress 19.97 5 Villa Park 19.96 6 Yorba Linda 19.56 7 Anaheim 19.53 8 Huntington Bch 18.96 9 Brea 18.78 10 Santa Ana 18.73 11 Fullerton 18.60 12 Laguna Niguel 18.56 13 La Habra 18.40 14 Fountain Valley 18.16 15 San Juan Cap 18.14 16 San Clemente 18.02 17 CMSD 18.00 Average 16.77 18 Newport Beach 17.84 Median 17.84 19 Seal Beach 17.30 20 Laguna Beach 17.21 21 La Palma 16.55 22 Buena Park 15.62 23 Aliso Viejo 15.46 24 Dana Point 15.35 25 Laguna Hills 15.33 26 Tustin 15.09 27 Midway City 14.75 28 Lake Forest 13.76 29 Rancho SM 13.47 30 Newport Coast 12.74 31 Los Alamitos 12.28 32 Mission Viejo 12.11 33 Orange 12.20 34 Irvine 11.81 35 Laguna Woods 10.00 Solid Waste Annual Charge 2. The proposed charge will be strictly used for solid waste programs. No funds will be used for liquid waste collection, CIP or administration 3. The proposed charge will not exceed the proportional cost of the service attributable to the parcel. Solid Waste Annual Charge 4. The charge is not imposed for service unless the service is actually use by, or immediately available to, the owner of the property in question. 5. The proposed charge is not for general government services (e.g. police, fire, parks, streets, etc.). Solid Waste Annual Charge Recommendation That the Board of Directors approves Resolution No. 2013-833 confirming and adopting this report and directing Clerk to File with County Auditor. RESOLUTION NO. 2013-833 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ADOPTING ANNUAL CHARGES FOR SOLID WASTE WHEREAS, the Board provides for the collection of trash and related solid waste services through its exclusive franchisee to all residential areas within the District; and WHEREAS, pursuant to the authority granted to sanitary districts under Health and Safety Code Sections 5470 et seq., the District has determined to impose those charges for that service and collect that charge on the tax roll in the same manner as general taxes; and WHEREAS, since imposing that annual charge on the Assessment Roll, Proposition 218 was enacted, and since 1996, a mailed protest hearing was noticed and conducted before fees were imposed; and WHEREAS, the Board of Directors has determined to reduce the rates for annual charges for solid waste this year but desires to adopt the report imposing the charges pursuant to the provisions of Health and Safety Code Sections 5470 et seq.; and WHEREAS, said reduction in rates will not result in any person paying an increased amount and is thus exempt from the mailed notice procedures pursuant to Government Code Section 53750(h); and WHEREAS, published notice has been duly given of this hearing as provided in Government Code Section 6066 and Health and Safety Code Section 5473.1; NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District does hereby RESOLVE as follows: Section 1. That the fees, rates, and charges imposed herein have been reduced from those previously adopted to an annual charge of $216.00 and are imposed on the tax roll pursuant to the procedures provided in Health and Safety Code Section 5473. Section 2. That the appropriateness of said fees was established in accordance with California Constitution Article XIIID in previous years. Section 3 . That the Board has conducted the hearing and has determined that a protest did not occur. Section 4 . That the written report describing the parcels and charges provided for in Health and Safety Code Section 5473 are hereby adopted in accordance with Health and Safety Code section 5473.3 and shall be filed with the District Clerk. Section 5 . That the Clerk is hereby directed to file a copy of the report with the Auditor before August 9, 2013, with a statement endorsed on the report over his signature that the report has been finally adopted by the Board of Directors, and the Auditor shall enter the charges against the parcels as they appear on the assessor’s roll. It is acknowledged that said report will be prepared in an electronic format, which will be transmitted to the Auditor. This Resolution shall take effect upon its adoption. PASSED AND ADOPTED by the Board of Directors of the Costa Mesa Sanitary District at a regular meeting held on the 27 th day of June, 2013. ____________________________ __________________________ James Ferryman Arthur Perry President of the Board of Directors Secretary of the Board of Directors STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, Scott Carroll, Clerk of the Costa Mesa Sanitary District, hereby certify that the above and foregoing Resolution No. 2012-833 duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof held on the 27 th day of June 2013. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this 27 th day of June 2013. _________________________________ Scott Carroll Clerk of the Costa Mesa Sanitary District