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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/09/2008 - TRASH SERVICES STUDY DATE: December 9, 2008 WORK SESSION ITEM STAFF: Ann Turnquist FORT COLLINS CITY COUNCIL Susie Gordon SUBJECT FOR DISCUSSION Trash Services Study. EXECUTIVE SUMMARY Original Problem Statement: "In what ways can the City reduce the impacts of trash collection services in Fort Collins, addressing issues of the cost of street wear, air quality, neighborhood aesthetics, noise, and other neighborhood impacts? Are there ways that the City might also improve diversion rates for recyclables?" On September 23,2008,City Council and staff met for the third work session on this topic to review policy alternatives developed from the Trash Services Study. Council was asked to review several implementation alternatives for which staff could develop detailed proposals. Council directed staff to develop two alternatives for further consideration: 1. Additional requirements of haulers that will improve recycling diversion rates and improve the pricing incentives of the Pay-as-you-throw Ordinance; and 2. Alternative market scenarios including continuing the current open competitive market for trash services, a citywide contract for services, or a districted trash system. Options for Council Consideration: Staff has prepared one basic approach to changing the regulatory environment for trash collection in Fort Collins which is targeted at improving diversion rates, plus an additional three alternatives to consider regarding the structure of the market in which trash service will operate. Council could chose to implement any or all of the proposed hauler requirements,and may also consider changing the market structure for residential trash hauling (district or single hauler.) December 9, 2008 Page 2 Trash Service Alternatives Basic Proposal: Additional Requirements of Trash Haulers D. Recycling Requirements E. Truck Impact Requirements F. Improved Oversight Market Option A: Market Option B: Market Option C: Open Competitive Districted Trash Single Hauler, Market (Status Service, Multiple Exclusive Contract Quo) Haulers thru for Service thru Competitive Competitive Bidding Bidding GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Which, if any, of the 12 proposed regulatory changes in the "Basic Proposal" does City Council wish to pursue? 2. Which of the three Market Options does City Council wish to pursue: Current Open Competitive Market, Districted Trash Service, or Single Bidder Exclusive Contract? BACKGROUND City Council established a goal to divert 50% of the community's waste stream from landfill disposal by 2010. Council also has expressed specific interest in improving the Pay-as-you-throw Ordinance. Some of the goals of the original problem statement could be achieved by implementing various strategies from the draft 2006 Strategic Plan for Solid Waste Diversion. These are consistent with Council's goals set forth in the Trash Services Study problem statement, including improving the community's diversion rate and reducing the impact of trash trucks on residential streets. Staff s basic proposal for Council consideration at this work session implements a variety of new requirements on residential trash haulers. These regulatory requirements could be implemented in the context of any market scenario,including the current open competitive market,a single citywide contract for service or a districted trash system. December 9, 2008 Page 3 I. Basic Proposal: Additional Requirements for Trash Haulers: The regulatory changes fall into three general categories. A. Additional requirements to improve recycling: A-1 Pay-as-you-throw Ordinance Enhancements A-2 Require haulers to offer yard waste collection service A-3 Require haulers to offer large, single-stream recycling toters A-4 Establish a recycling education partnership with haulers A-5 Ban the disposal of corrugated cardboard from the waste stream A-6 Licensing Fee Increase A-7 Recycling Program Fee per trash account B. Additional requirements to limit impact of vehicles B-1 Establish vehicle specifications designed to minimize the impact of vehicles on residential streets B-2 Establish a system for monitoring vehicle loads for solid waste hauling vehicles C. Additional requirements to improve oversight C-1 Establish additional reporting requirements for residential haulers C-2 Additional Enforcement C-3 General Regulation Changes II. Market Options In addition to the Basic Proposal, staff has outlined three options that prescribe the competitive market structure for trash service in Fort Collins. • Market Option A: Open Competitive Market(Status Quo) • Market Option B: Districted Trash Service • Market Option C: Single Bidder Exclusive Contract City Council could choose to implement any or all of the components of the Basic Proposal to add new requirements for Trash haulers. Separately, the Council can also consider any of the three Market Structures. The additional requirements can be implemented either in the current Open, Competitive market or within the requirements of a Contract for Services(single hauler or districted system.) Staff met with the current residential trash haulers to review the proposed options to be considered at this work session. Staff has included feedback regarding a number of the alternatives which reflect the comments of the haulers. Though the haulers have expressed concern about several of the additional requirements in the Basic Proposal, they have also expressed support for some of them. As might be expected,they also remain seriously concerned about the option to change from an Open Competitive Market to either a Districted Trash System or Single Hauler Exclusive contract. Haulers' specific concerns are noted in the "pros and cons" analysis of each alternative. December 9, 2008 Page 4 A detailed analysis of the proposed options, both regulatory and market options is included in the attached report(Attachment 1). Following is a summary of the alternatives. I. BASIC PROPOSAL: ADDITIONAL REQUIREMENTS FOR TRASH HAULERS A. Additional requirements to improve recycling Proposed Requirement A-1: Modified Pay-as-you-throw (PAYT) Ordinance Revise the current PAYT Ordinance to further create price incentives for recycling. Currently, haulers charge customers for residential trash service based on a formula which is set forth in the City Code. It requires that each unit of trash (bag, gallons, cans, etc.) be charged an equal price. This proposal would change the pricing structure set forth in the ordinance to make larger volumes of trash more expensive per unit than the first 33-gallon unit. Proposed Requirement A-2: Require Haulers to offer Yard Waste Collection Service Require all residential haulers to offer optional curbside yard waste collection subscription services to residential customers upon request. Collection will occur during the growing season (April — October) and yard waste must be delivered to a certifiable composting facility. The cost to customers cannot be greater than that customer's cost of a comparable volume of disposed amount of land filled solid waste. Haulers are free to determine the type of container to be used for yard waste,including specialized carts/toters,regular waste cans(marked as yard waste) or compostable yard waste bags. Proposed Requirement A-3: Require Haulers to offer laree single-stream Recvcline Toters Require haulers to provide 65 or 95 gallon recycling toters to all residential customers. Customers who do not desire to have the large toter because of storage space issues could opt out of receiving the container. Customers who opt out of the larger containers would be allowed to continue to use existing 18 gallon containers. Haulers may charge customers for the cost of the larger toter through a minimal monthly charge on their bill. Haulers must be prepared to provide documentation that an individual customer has been provided with the opportunity to subscribe to the service, and to document any customer opt-out of receiving the larger container. Haulers would be allowed to move to bi-weekly or bi-monthly collection of recyclables after the large toters are in place for all customers who do not opt to forego them. December 9, 2008 Page 5 Proposed Requirement A- 4 Require Haulers to participate in Recycling Education Partnership Require haulers to encourage recycling in the community through several strategies: 1. Haulers must provide regular employee training to ensure that customer service representatives and drivers are educated in the requirements of the Pay-as-you-throw (PAYT) Ordinance when providing verbal or written information about service. 2. Haulers must provide City-authored communication to customers regarding the PAYT Ordinance when providing verbal or written information about service. 3. Haulers must provide "Oops" notices to customers who either include non-recyclable materials in their recycling container("contaminate"the recyclables) or obviously place recyclable materials in the trash. Proposed Requirement A-5: Ban the Disposal of Corrugated Cardboard (OCC) in the Waste Stream • Prohibit the residential and commercial customers of trash hauling companies from placing corrugated cardboard(OCC) in the trash bin. Require all residential and commercial haulers to decline to accept any OCC that is set out for collection in the trash disposal system. Residential customers will continue to have the option of either placing OCC in the curbside recycling bins or to use a recycling drop-off site(currently there are two publicly available locations in Fort Collins). • Commercial trash customers will have the option of either self-hauling OCC to a recycling center or using the recycling services of their contracted trash hauler. • Upon implementation of the OCC ban, if customers place the banned material in waste containers,the hauler will be required to remove the materials from the waste stream and notify the customer that the material must be recycled. • The OCC ban would possibly be adopted with a provision to delay implementation of its start date to give haulers and customers sufficient time to create OCC recycling programs. Proposed Requirement A-6: Licensing Fee Changes Increase the Trash Hauler Licensing Fee from$30 per trash or recycling hauling vehicle per year to $100 per truck per year to defray the City's costs of providing licensing oversight and administration. December 9, 2008 Page 6 Proposed Requirement A-7: Recycling Program Fee per Trash Account Establish a monthly recycling program fee which would be charged to each residential trash customer. The fee would be levied by the City, collected by the trash haulers on their quarterly bill and remitted to the City on a quarterly basis. The fee of$.25 to $.50 per account per month would be used to fund City recycling programs which could include programs such as: o Community recycling education o Recycling drop off sites 0 Household hazardous waste and electronic waste collection o Composting o Construction and demolition materials recycling 0 Other programs as they are created The fee would generate $75,000 to $150,000 per year. B. Additional requirements to limit impact of vehicles Proposed Requirement B-1: Fleet Specifications Establish fleet specifications designed to minimize the impact of vehicles on residential streets, including: • Prohibit the addition of newly acquired vehicles that were manufactured before 1994 to a company's fleet inventory. • Explore requiring use of tag axles on vehicles which have one fixed rear axle. • Require that vehicles added to hauler fleets (new or used) have two fixed rear axles. Proposed Requirement B-2: Monitor vehicle loads for solid waste hauling vehicles Establish a system for monitoring vehicle loads for solid waste hauling vehicles. Provide additional funding to Police Services for operation of the mobile truck enforcement unit. December 9, 2008 Page 7 C. Additional requirements to improve oversight Proposed Requirement C- 1: Additional Reporting Requirements Require that haulers provide significantly greater data regarding their customers and that the data be reported on an annual basis, including: • Number of customers by level of service subscription (33, 65, 95 gallon, or pre-paid bags) • Detailed tonnage data for recyclables,yard waste, and trash volumes • HOA contract statistics and service area detail • Rate data • Verify tons per yard data • Accurately report number of trucks/vehicles during licensing process Require haulers to provide information to the City which has been audited for accuracy by an independent, certified auditor. The auditor would be hired by and paid by the trash haulers as a condition of licensing. Proposed Requirement C-2: Additional Enforcement Focus additional staff effort on compliance with a variety of hauler and customer requirements. Additional enforcement could focus on the following areas: • Ensuring compliance with the Pay-as-you-throw (PAYT) Ordinance by Homeowner Associations (HOAs) participating in group accounts. This can include both education and auditing of group accounts. • Enable Health and Safety Inspectors to enforce Chapter 15, Article XV, "Solid Waste Collection and Recycling Services"by expanding their commissions. Enforcement could include such areas as electronic waste disposal, compliance with recycling regulations, commingling ofwaste and recyclables by haulers,licensing requirements,hours of service limits, etc. Proposed Requirement C-3: General Regulation Changes Other miscellaneous changes to City Code regarding solid waste collection, recycling and disposal (Chapters 12 and 15)will include: • Change recycling code to prohibit commingling trash and recyclables • Require haulers to clearly mark any vehicles being used for collection of recyclable materials with the term"Recycling" December 9, 2008 Page 8 II. Market Options In addition to the Basic Proposal, staff has outlined 3 options for the competitive market for trash service in Fort Collins. • Market Option A: Open Competitive Market(Status Quo) • Market Option B: Districted Trash Service • Market Option C: Single Bidder Exclusive Contract The Council can consider any of the three Market Structures. The additional requirements of the Basic Proposal can be implemented either in the current open, competitive market or within the requirements of a Contract for Services (single hauler or districted system.) In order to change the market structure for trash service,the City could either develop two or more trash districts for the community or develop a citywide Contract for Trash Services. The City would offer private trash haulers the opportunity to competitively bid on providing trash and recycling services either to the entire community or districts within the community. Haulers would be required to meet a number of standards for service level, compliance with local requirements and customer service. The contract(s)would be awarded for the right to provide exclusive trash service either to the entire City or district(s) based on price and qualification. The City could determine which accounts would be included in the contract (all residential customers or all customers not currently within a HOA with a trash service contract) In exchange for the exclusive contract for service, haulers would be required to meet a set of conditions that the City would provide. Conditions could include achieving goals for excellence in customer service, setting minimum diversion rates for recyclables, methods for ensuring compliance with vehicle weigh limits, and/or other conditions that achieve City defined goals. A detailed description of these market alternatives and an analysis of their effectiveness of meeting Council's goals is included in the attached memorandum. ATTACHMENTS 1. Memorandum: Trash Services Study Alternatives: December 9 Work Session. 2. Other Emerging Issues. 3. Summaries from work sessions on January 8,July 8, September 23,2008 and Work Session Follow-up Memo of October 9, 2008. 4. Powerpoint presentation. City Manager's Office City of City Hall F6rt I LaPorte Ave. POCOsPO Box 580 Fort Collins, CO 80522 970,221 ,6505 970.224.6107 - fax fcgov. com Attachment 1 MEMORANDUM TO : City Council Members FROM : Ann Turnquist, Policy and Project Manager Susie Gordon, Senior Environmental Planner THRU: Darin Atteberry, City Manager Diane Jones, Deputy City Manager John Stokes, Natural Resources Director RE : Trash Services Study Alternatives : December 9 Work Session DATE : December 9, 2008 Original Problem Statement. "In what ways can the City reduce the impacts of trash collection services in Fort Collins, addressing issues of the cost of street wear, air quality, neighborhood aesthetics, noise, and other neighborhood impacts? Are there ways that the City might also improve diversion rates for recyclables?" On September 23 , City Council and staff met for the third work session on this topic to review policy alternatives developed from the Trash Services Study. Council was asked to review several implementation alternatives for which staff could develop detailed proposals . Council directed staff to develop two alternatives for further consideration: 1 . Additional requirements of haulers that will improve recycling diversion rates and improve the pricing incentives of the Pay-as-you-Throw Ordinance; and 2 . Alternative market scenarios including continuing the current open competitive market for trash services, a districted trash system, or a city-wide contract for services. Options for Council Consideration . Staff has prepared one basic approach to changing the regulatory environment for trash collection in Fort Collins which is targeted at improving diversion rates, plus an additional three alternatives to consider regarding the structure of the market in which trash service will operate. Council could chose to implement any or all of the proposed hauler requirements, and may also consider changing the market structure for residential trash hauling (district or single hauler.) Fort Collins Trash Services Alternatives L Basic Proposal : Additional Requirements of Trash Haulers A. Recycling Requirements Be Truck Impact Requirements C . Improved Oversight IL Market Option A : 11. Market Option Be H. Market Option C : Open Competitive Districted Trash Single Hauler, Market (Status Quo) Service, Multiple Exclusive Contract Haulers thru for Service thru Competitive Bidding Competitive Bidding Trash Services Study Work Session December 9, 2008 Page 2 Fort Collins I . Basic Proposal Summary : Additional Requirements for Trash Haulers A. Additional requirements to improve recycling . A- 1 Pay as You Throw Ordinance Enhancements A-2 Require haulers to offer yard waste collection service A-3 Require haulers to offer large, single-stream recycling toters A-4 Establish a recycling education partnership with haulers A-5 Ban the disposal of corrugated cardboard from the waste stream A-6 Licensing Fee Increase A-7 Recycling Program Fee per trash account B. Additional requirements to limit impact of vehicles B- 1 Establish fleet specifications which minimize the impact of vehicles on residential streets B-2 Establish a system for monitoring vehicle loads for solid waste hauling vehicles C . Additional requirements to improve oversight C- I Establish additional reporting requirements for residential haulers C-2 Additional Enforcement C-3 General Regulation Changes Trash Services Study Work Session December 9, 2008 Page 3 Fort Collins I. Basic Proposal General Description . Additional Requirements for Residential Trash Haulers Goals Achieved Cost of street wear (through monitoring weights/overloading) Air quality Neighborhood aesthetics Other neighborhood impacts Diversion rates for recyclables City Council established a goal to divert 50% of the community' s waste stream from landfill disposal by 2010 . Council also has expressed specific interest in improving the Pay-as-you- Throw Ordinance. Some of the goals of the original problem statement could be achieved by implementing various strategies from the draft 2006 Strategic Plan for Solid Waste Diversion. If the City were to adopt this package of regulatory changes, it could achieve several of the goals set forth in the problem statement, including improving the community' s diversion rate and somewhat reducing the impact of trash trucks on residential streets . The regulatory changes fall into three general categories. I. Basic Proposal : Additional Requirements for Trash Haulers : A. Additional requirements to improve recycling A- 1 Pay-as-you- Throw Ordinance Enhancements A-2 Require haulers to offer yard waste collection service A-3 Require haulers to offer large, single-stream recycling toters A-4 Establish a recycling education partnership with haulers A-5 Ban the disposal of corrugated cardboard from the waste stream A-6 Licensing Fee Increase A-7 Recycling Program Fee per trash account Be Additional requirements to limit impact of vehicles B- I Establish fleet specifications designed to minimize the impact of vehicles on residential streets B-2 Establish a system for monitoring vehicle loads for solid waste hauling vehicles Trash Services Study Work Session December 9, 2008 Page 4 Fort Collins co Additional requirements to improve oversight C- 1 Establish additional reporting requirements for residential haulers C-2 Additional Enforcement C-3 General Regulation Changes II. Market Options In addition to the Basic Proposal, staff has outlined three options that prescribe the competitive market structure for trash service in Fort Collins . • Market Option A : Open Competitive Market (Status Quo) • Market Option B : Districted Trash Service • Market Option C : Single Hauler, Exclusive Contract City Council could choose to implement any or all of the components of the Basic Proposal to add new requirements for Trash Haulers. Separately, the Council can also consider any of the three Market Structures . The additional requirements can be implemented either in the current Open, Competitive market or within the requirements of a Contract for Services (single hauler or districted system.) Staff met with the current residential trash haulers to review the proposed options to be considered at this Work Session. This document includes feedback regarding a number of the alternatives which reflect the comments of the haulers. Though the haulers have expressed concern about several of the additional requirements in the Basic Proposal, they have also expressed support for some of them. As might be expected, they also remain seriously concerned about the option to change from an open competitive market to either a districted trash system or single hauler exclusive contract. Where haulers had specific concerns, key issues are noted in the "pros and cons" analysis of each alternative . Trash Services Study Work Session December 9, 2008 Page 5 Fort Collins Basic Proposal Detailed Description : Additional Requirements for Trash Haulers A : Additional requirements to improve recycling Proposed Requirement A4 Modified Pay-as-you-Throw WAYT) Ordinance Revise the current PAYT Ordinance to further create price incentives for recycling. Currently, haulers charge customers for residential trash service based on a formula which is set forth in the City Code . It requires that each unit of trash (bag, gallons, cans, etc .) be charged an equal price. This proposal would change the pricing structure set forth in the ordinance to make larger volumes of trash more expensive per unit than the first 33 -gallon unit. Proposal : Haulers may charge rates to residential customers according to the following formula: • Base rate = 50% : 1 — 33 gallon container per week; plus 50% : Base service fee (includes weekly service, recycling) • Additional waste = the cost of each additional 33 gallon container must be at least 125 % of the cost of the first 33 gallon container Example : Base Rate : $ 5 . 00 per month first 33 gallon container $ 5 . 00 per month flat fee (includes weekly service, recycling) $ 10. 00 per month total cost for single 33 gallon container service Second $ 6 .25 per month Second 33/35 gallon container Third $ 6 .25 per month Third 33/35 gallon container $22 . 50 per month total for 95 gallon container service In this example, a customer who wishes to have minimal trash service (one can, bag, or 33 gallon equivalent) would pay the base rate of $ 10 per month. This base rate would apply regardless of how many times per month the customer actually puts trash at the curb for collection and would include their recycling service . The base rate covers the service provided by the hauler who drives by the customer' s house each week for trash and recycling, regardless of whether the hauler collects any trash or recyclables. In this example, a customer who wishes to contract for 95 gallon per week service (3 cans, bags or a 95 gallon equivalent) would pay the base rate plus two additional units at $6 .25 each. Trash Services Study Work Session December 9, 2008 Page 6 F�or_ t Collins The pricing incentive to reduce trash and increase recycling is greater under this proposal, as the price for 95 gallon service ranges from $ 10 per month basic service to $22 . 50 per month for the larger volume . Actual prices for each of the units would be set by the individual hauler. Open competition in the trash hauling business is maintained as individual haulers determine their own cost and prices and compete for customers based on the rates that they offer. Total = $22 . 50 Pay as you Throw Trash Pricing C:::: With Additional Units at 125 % (Example) $6.25 Third Unit (95 gallon total) Second Unit (65 gallon total) $6.25 Base rate + First 33 gallon unit $5 +$5 = $ 10 Additional requirements for the haulers under the modified PAYT Ordinance would include : 1 . Haulers would be required to train their staffs about the PAYT system. This training would include customer service representatives and drivers . The purpose of the training would be to ensure that customer service representatives explain entire range of services available to new customers, that drivers understand their responsibility under the ordinance to ensure that customers pay for extra materials that are placed out for collection. The hauler is responsible for ensuring that these employees operate in compliance with the requirements of the ordinance. 2 . The City will provide haulers with a specific verbal and written text to provide to customers which details the requirements of the ordinance and how it applies to them in order to ensure that a clear and consistent message is uniformly delivered to customers . Trash Services Study Work Session December 9, 2008 Page 7 Fort Collins Additional Hauler Requirements : PAYT Ordinance Changes Financial Benefits : Costs: • Savings to customers through effective use of • City administrative costs for enforcement, PAYT pricing auditing and hauler education and monitoring • Reduced hauler tipping fees as recycling = cost range to be determined increases Increased cost for customers who do not reduce waste Achieves : Shortcomings : • Increased diversion through education • Haulers do not believe that this level of pricing message will change customer behavior • Reduced CO2 emissions through improved Increasing cost for larger families which diversion rates, achieving goals of Climate generate greater waste per household may be Action Plan regressive • Preserves customer choice • City administrative costs for enforcement, auditing and hauler education and monitoring $259000 - $509000 • Improved diversion through stronger price • Increases government requirements message Trash Services Study Work Session December 9, 2008 Page 8 Fort Collins Proposed Requirement A-2 : Require Haulers to offer Yard Waste Collection Service Require all residential haulers to offer optional curbside yard waste collection subscription services to residential customers upon request. Collection will occur during the growing season—April — October, and yard waste must be delivered to a certifiable composting facility. The cost to customers cannot be greater than that customer' s cost of a comparable volume of disposed solid waste. Haulers are free to determine the type of container to be used for yard waste, including specialized carts/toters, regular waste cans (marked as yard waste) or compostable yard waste bags . According to the Larimer County Landfill ' s 2007 Two-Season Waste Composition Study, 30% of the waste stream currently going to the landfill is compostable (food waste, processed wood, and yard waste .) A total of 8 .4% of land-filled materials are yard waste, which is composed of grass clippings, branches, brush, garden waste and leaves. This data is based on a two-season study (winter and summer,) so the amount of materials is likely even greater than the 8 .4% statistic, since spring and fall seasons tend to produce a significant amount of "clean-up" material, especially fall leaves. By reducing or eliminating the yard waste that goes to the landfill, the community could make significant progress toward achieving the City' s 50% diversion goal. In 2006, the City' s Strategic Plan for Solid Waste Diversion recommended the addition of yard waste composting service as a key strategy for achieving the overall 50% diversion rate . The Strategic Plan included a survey of the community to evaluate the likelihood of success of such a service. Findings included: "A total of 39 percent of respondents report that they put yard waste out with the trash. About 113 of respondents report that they would use a community composting facility even if there was a small fee. Demand is greater for curbside pickup of yard waste; over half would be "very likely " or "somewhat likely " to use the service, even if there was a small fee. " In many areas, the disposal of yard waste in a landfill is prohibited. According to a 2008 Study by Skumatz Economic Research Associates, Inc . , (SERA) the City' s consultant on the Strategic Plan for Solid Waste Diversion, 24 states have a yard waste ban already in place. In those areas, composting facilities are in place to receive yard waste from residents. Trash Services Study Work Session December 9, 2008 Page 9 Fort Collins Additional Hauler Requirements--Yard Waste Collection Service Financial Benefits : Costs : • Reduced hauler tipping fees as recycling • Yard Waste = would be the same cost as increases comparable amount of trash collected for • Reduced trash expenses for customers who customers who choose service successfully reduce trash in favor of organics • Added cost for haulers to acquire additional recycling equipment appropriate for providing the service Achieves : Shortcomings : • Increased diversion through education and • Relies on the continued availability of private organics recycling organics recycling facilities in the area • Reduced CO2 emissions through improved • Doesn't focus on encouraging mulching- diversion rates, achieving goals of Climate mower use on lawns rather than disposing of Action Plan grass clippings as yard waste • Preserves customer choice • Increases government requirements Trash Services Study Work Session December 9, 2008 Page 10 Fort Collins Proposed Requirement A-3 : Require Haulers to offer large, single-stream Recycling Toters Require haulers to provide 65 or 95 gallon recycling toters to all residential customers. Customers who do not desire to have the large toter because of storage space issues could opt out of receiving the container. Customers who opt out of the larger containers would be allowed to continue to use existing 18 gallon containers . Haulers may charge customers for the cost of the larger toter through a minimal monthly charge on their bill. Haulers must be prepared to provide documentation that an individual customer has been provided with the opportunity to subscribe to the service, and to document any customer opt-out of receiving the larger container. Haulers would be allowed to move to bi-weekly or bi-monthly collection of recyclables after the large toters are in place for all customers who do not opt to forego them. As the market for a wider variety of recyclable materials has improved, recycling processors have begun to accept a greater variety of materials in the single-stream curbside recycling program. Corrugated cardboard and paperboard (e. g. cereal boxes) were added to the list of recyclables collected at curbside in 2006, and in 2008 haulers began collecting lower grade consumer plastics marked with the recycling logo as plastics 3 -7 . Haulers are currently required to provide a recycling container to all customers who wish to receive recycling services . With these increases in materials accepted through the recycling program, customers are increasingly finding that the current 18 gallon recycling box is no longer adequate for containing all of their recyclable materials. When customers overfill the 18 gallon box, materials may be more susceptible to wind, and customers may be more likely to put extra recyclable materials in the trash, rather than saving them for future pickup or adding another box. In other communities, the use of larger 65 or 95 gallon single stream toters has increased overall recycling by 34 %. (SERA, Inc . data) The ease of use of the larger containers and the greater capacity encourages greater diversion and also send a stronger message to customers that they have greater potential for recycling than is suggested by the much smaller container. If the larger containers are provided, haulers could be allowed to change to bi-weekly or bi- monthly recycling service. With the containers 3 to 5 times larger than the 18 gallon box, customers would have substantially greater capacity for recyclable storage, allowing for less frequent pick up . Less frequent pick up would reduce the impact of trucks on residential streets and reduce vehicle miles traveled for recycling. An additional benefit of the use of the larger containers would be improved aesthetics with larger recycling containers that are less susceptible to spilling and wind blown recyclables . A significant issue for the trash haulers will be the expense of providing the larger containers. With cost estimates between $45 and $75 per unit, this will represent a significant capital outlay for the haulers . While moving to a bi-weekly or bi-monthly collection system will improve the Trash Services Study Work Session December 9, 2008 Page 11 /,.,Fo t Collins hauler' s efficiency and reduce costs for collecting recyclables, staff does acknowledge that the toters may increase overall costs for the haulers . The proposal includes the option for haulers to pass the cost of the toters on to the customers through a minimal monthly charge to be set by the haulers according to market forces . Additional Hauler Requirements-- Large, single-stream Recycling Toters Financial Benefits: Costs : • Reduced hauler tipping fees as recycling • Single stream containers = $ 45 - $75 each, increases cost would likely be passed on to customers on • Reduced trash expenses for customers who monthly bills ; monthly rate to be set by successful reduce trash in favor of additional competitive market recycling • Savings to customers through effective use of PAYT pricing • Significant operational cost savings to haulers if recycling changed to bi-weeklyservice Achieves : Shortcomings : • Increased diversion through education and • 65/95 gallon recycling containers will be costly large single-stream containers for haulers to provide, though cost would be recoverable over time through monthly charge • Reduced CO2 emissions through improved • Requires haulers to offer opt-out provisions for diversion rates, achieving goals of Climate customers who do not want to use a larger Action Plan recycling container (e.g. if there is not adequate storage space for a larger container or customers do not participate in the curbside program.) • Alternate week recycling would reduce some • Increases government requirements truck traffic in neighborhoods, damage to streets and vehicle miles traveled by recycling trucks • Improved aesthetics with larger recycling containers that are less susceptible to spilling and wind blown rec clables • Preserves customer choice of size of recycling container Trash Services Study Work Session December 9, 2008 Page 12 Fort Collins Proposed Requirement A- 4 Require Haulers to participate in Recycling Education Partnership Require haulers to encourage recycling in the community through several strategies : 1 . Hauler must provide regular employee training to ensure that customer service representatives and drivers are educated in the requirements of the Pay-as-you- Throw (PAYT) ordinance when providing verbal or written information about service 2 . Haulers must provide City authored communication to customers regarding the PAYT ordinance when providing verbal or written information about service 3 . Haulers must provide "Oops" notices to customers who either include non- recyclable materials in their recycling container ("contaminate" the recyclables) or obviously place recyclable materials in the trash Trash haulers are on the front line of implementing the City' s goals of increasing recycling in the community. Haulers have direct communications with trash customers each quarter through their billing statements and newsletters . Drivers are in the best position to see when customers are recycling inappropriately as they collect recyclables . Customer Service representatives have the opportunity to talk to new customers about how the PAYT ordinance is structured and the cost savings they can realize through recycling . Creating a partnership with the haulers to reach customers with information about recycling and the PAYT Ordinance allows the City to more effectively reach the 50% diversion goal. Elements of the Education program include : • Require trash hauler' s employees to participate in a regular training session regarding both recycling programs and the Pay-as-you-throw ordinance. Participants will include customer service representatives and drivers . Haulers will be required to demonstrate that the training covers topics including strategies for encouraging customers to recycle, explaining the purpose and structure of the PAYT ordinance and reviewing the haulers obligations under the City' s recycling and PAYT ordinances . The City will provide a script for use by the customer service representatives in describing customer options for various service levels . • Each year during the first quarter, the City will provide each hauler with "camera ready" information regarding current recycling options, PAYT rate structures, and current information about solid waste regulations . Haulers will be required to include this information to all customers as an insert in at least one quarterly billing statement per year. Haulers will be allowed to add logo or company identification on the flyer, if desired. • Haulers must provide "Oops" notices to customers who either include non-recyclable materials in their recycling container ("contaminate" the recyclables) or obviously place recyclable materials in the trash Trash Services Study Work Session December 9, 2008 Page 13 Fort Collins Additional Hauler Requirements-- Recycling Education Partnership Financial Benefits: Costs : • City takes advantage of existing mailings and • City administrative costs for enforcement, phone communication by haulers to provide auditing and hauler education and monitoring educational materials to trash customers = Cost range to be determined • Reduced trash expenses for customers who • Cost to haulers for producing and distributing successfully reduce trash in favor of additional "Oops" Notices recycling Achieves : Shortcomings : • Increased diversion through education • Haulers concerned about the cost of providing large numbers of "Oops" notices each week • Reduced CO2 emissions through improved • Haulers are concerned about the effectiveness diversion rates, achieving goals of Climate of "Oops" notices which are currently provided Action Plan • Preserves customer choice • Increases government requirements • Allows City to create messages regarding • Increased administrative costs recycling targeted at both current issues and themes which reinforce other City recycling efforts • Increases effectiveness of PAYT ordinance by encouraging customer service and driver implementation Trash Services Study Work Session December 9, 2008 Page 14 Fort Collins Proposed Requirement A-5 : Ban the disposal of corrugated cardboard (OCC) in the waste stream • Prohibit the residential and commercial customers of trash hauling companies from placing corrugated cardboard (OCC) in the trash bin. • Require all residential and commercial haulers to decline to accept any OCC that is set out for collection in the trash disposal system. • Residential customers will continue to have the option of either placing OCC in the curbside recycling bin, or to use a recycling drop-off site (currently two publicly available locations in Fort Collins) . • Commercial trash customers will have the option of either self-hauling OCC to a recycling center or using the recycling services of their contracted trash hauler. • Upon implementation of the OCC ban, if customers place the banned material in waste containers, the hauler will be required to remove the materials from the waste stream and notify the customer that the material must be recycled. • The OCC ban would possibly be adopted with a provision to delay implementation of its start date, to give haulers and customers sufficient time to create OCC recycling programs. According to a waste characterization study by Larimer County in 2006, an estimated 18 ,225 tons of corrugated cardboard enter the landfill each year. Overall, this is 8% of the materials which are sent to Larimer County Landfill . For residential customers, corrugated cardboard accounts for 6% of materials sent to the landfill, and for commercial customers it accounts for 13 . 6% of the waste stream. Corrugated cardboard is a relatively valuable recyclable commodity collected. Because of its volume and the fact that it is frequently placed in trash containers without being broken down or flattened, removing it from the waste stream creates great potential for reducing trash volumes for both residential and commercial customers . This change in the materials that are banned from collection as trash is a significant change both for residential and commercial customers . In 2007 , the City banned the collection of electronic waste (E-Waste) for disposal in the landfill, but all other recycling activities in the community have been voluntary. The addition of another "banned" material to the recycling program could be an issue of concern for residential and commercial customers and could be quite controversial. Trash Services Study Work Session December 9, 2008 Page 15 Fort Collins Additional Hauler Requirements-- Ban the disposal of corrugated cardboard (OCC) Financial Benefits : Costs : • Due to its bulkiness, OCC is very expensive to • Businesses that don 't already use a recycling landfill; businesses and residents that service will have a new cost to pay for OCC to divert/recycle OCC will reduce trash volumes be collected separately if they contract a hauler and bills. and will need to train employees to collapse • Using 80% success estimate, 16,000 tons OCC cardboard boxes for handling purposes . could be diverted if a ban is adopted. • Businesses that elect to self-haul cardboard will = At landfill costs of $5 .04 - $5 . 81 / yd39 pay for employee ' s time to ensure cardboard avoided costs for diverting OCC from boxes are collapsed and separated; then to disposal would be approximately $ 1 deliver to drop-off site. million (not including hauling costs) . • Trash haulers will lose lucrative income as a = At current market prices of $7/ton, the result of eliminating a bulky item from the value of recycled OCC would be $ 112,000. Dumpsters, which may not be compensated by = Total monetary savings at least $ 1 . 1 income from collecting of OCC as a recyclable million. (perceived to be less lucrative by haulers) . Achieves : Shortcomings : • Of the 18 ,225 tons OCC that enter the landfill, • Businesses with space constraints may have 16,000 tons could be diverted by 2012, difficulty storing flattened OCC separately from increasing waste diversion from current level trash until it' s collected. of 27% to 31 %. • Greater recycling for other materials occurs • Haulers will have more work expanding when a business starts recycling OCC (and recycling for commercial customers and shifting may enhance single-stream option for resources (trucks, bins, personnel) from trash to commercial customers). recycling • Greenhouse gas reductions for diverting • Ban creates bigger role for government and 16,000 tons of OCC result in savings of 64,000 more requirements - a negative for some. tons of CO2e. • Lower volumes of OCC in the waste stream • May require Fort Collins to expand local will extend landfill lifespans. collection site infrastructure for accepting OCC from self-haul residents/businesses. • May result in business development of more One hauler is concerned about customer OCC collection infrastructure/opportunities. compliance with their request/requirement to cut down cardboard into 2 foot by 2 foot sections Trash Services Study Work Session December 9, 2008 Page 16 Fort Collins Proposed Requirement A-6 : Licensing Fee Changes Increase the Trash Hauler Licensing Fee from $30 per trash or recycling hauling vehicle per year to $ 100 per truck per year to defray the City ' s costs of providing licensing oversight and administration. Each trash and recycling vehicle used by the trash haulers for collection is required to have a license from the City. The fee for this license was set by code in 1990 at $30 per vehicle per year. The fee has not been adjusted since then. Currently, the City issues 12 licenses to Fort Collins trash hauling companies, including commercial-only service providers . The fee is assessed for each truck that is used to provide trash collection or recycling collection within Fort Collins . Staff estimates that licensing and oversight of trash haulers currently costs the City approximately $25 ,000 per year. The City currently collects approximately $ 3 ,750 in trash truck license fees. Under the proposed fee, approximately $ 12,500 would be collected. These fees would help cover more of the costs of issuing licenses, follow-up on applications, verify data, monitor licensees, etc . Current fees cover only a very minor portion of the total cost of this licensing and oversight. Staff believes that increasing this fee from $ 30 per truck to $ 100 per truck would still only cover a portion of the costs, but does cover a greater percentage of these costs . Comparative fees in the area range from $50 to $ 100 per vehicle (not including other application and licensing fees that other communities may charge.) Staff proposes that this fee be updated to be more similar to other communities and to better cover the costs of administering the licensing program. Additional Hauler Requirements-- Licensing Fee Changes Financial Benefits: Costs: • Total revenue from licensing fees would • Increased cost to haulers of $ 70 per truck increase from $3 ,750 per year to $ 12, 500 per year, Achieves : Shortcomings : • Could generate City revenue from license fees • Increases government requirements to use in administering programs Trash Services Study Work Session December 9, 2008 Page 17 Fort Collins Proposed Requirement A-7 : Recycling Program Fee per Trash Account Establish a monthly recycling program fee which would be charged to each residential trash customer. The fee would be levied by the City, collected by the trash haulers on their quarterly bill and remitted to the City on a quarterly basis . The fee of $ .25 to $ . 50 per account per month would be used to fund City recycling programs which could include programs such as : • Community recycling education • Recycling drop off sites • Household hazardous waste and electronic waste collection • Composting • Construction and Demolition materials recycling • Other programs as they are created The fee would generate $ 75 ,000 to $ 150,000 per year. The City currently provides a variety of recycling programs which are funded through General Fund resources . Community education and drop-off recycling sites are key components of the City ' s efforts to encourage recycling and waste diversion. Additional programs to encourage or facilitate recycling efforts could be developed and implemented by the City, if a revenue stream were available . Programs which have been discussed in the past include a compost facility, a construction and demolition recycling program, and a household hazardous waste program. The level of the fee could be set based on the programs which Council wishes to fund. The amount of the fee would be based on the cost of the programs to be funded and the revenues from the fee would need to be earmarked for those programs . If the City asks the trash haulers to include a Recycling Program Fee on their customer bills , it might be worthwhile to consider allowing the haulers to retain a portion of the fee in payment for their efforts at collecting and remitting the fee. This provision would be similar to the Vendor Fee which is provided to sales tax licensees who collect the sales tax on behalf of the City. Trash Services Study Work Session December 9, 2008 Page 18 Fort Collins Additional Hauler Requirements-- Recycling Program Fee per Trash Account Financial Benefits : Costs : • Creates revenue which could be used for • All customers would pay the fee, regardless of recycling promotion and hauler incentives to their use of the recycling program increase diversion rates • Increased fee increases the cost of service for all customers Achieves : Shortcomings : • Reduced CO2 emissions through improved • Haulers are concerned about collecting this fee diversion rates, achieving goals of Climate Action Plan • Increased diversion through education • Haulers are concerned about their responsibility to collect the fee on bills which are not paid by the customer • Haulers believe that the City should collect such a fee on City Utility Bills • Increased governmental requirements Trash Services Study Work Session December 9, 2008 Page 19 Fort Collins Be Additional Requirements—Limit Truck Impact Proposed Requirement B- I : Fleet Specifications Establish Fleet Specifications designed to minimize the impact of vehicles on residential streets, including : • Prohibit the addition of newly acquired vehicles that were manufactured before 1994 to a company ' s fleet inventory • Explore requiring use of tag axles on vehicles which have one fixed rear axle . • Require that vehicles added to hauler fleets (new or used) have two fixed rear axles . The Trash Services Study reviewed several issues related to the impact of vehicles on City streets and on air quality. Of particular concern were overweight vehicles, the impact of older vehicles and vehicles which have only one fixed rear axle. One suggestion from the Study was to require replacement of older trash vehicles with newer models that have a higher level of pollution control. Specifically, the study recommends that the "City could ban the registration of any truck prior to 1994, in order to remove some of the dirtiest, most polluting engines from the road." (See Study, page 2- 11 ) Though this action would not require haulers to replace their fleets with vehicles that comply with the higher 2010 EPA Emission Standards, it would speed that process somewhat. Further, the Trash Services Study notes : " One hauler uses vehicles with a single fixed rear axle and a pusher axle. The impact of those vehicles increases significantly if the pusher axle is not used during collection operations. Also pusher and tag axles generally have two tires per axle rather than four, which also increases the impacts relative to a fixed rear axle with four tires. " The consultant notes that when these vehicles are operated with only one axle, they create a greater impact on residential streets. The consultant recommends that the City require haulers to obtain for service in the City only new trash and recycling vehicles that have two fixed rear axles . They further recommend that the City explore appropriate means of requiring full time use of pusher or tag axles on existing trash hauling and recycling vehicles with a single fixed rear axle . Trash Services Study Work Session December 9, 2008 Page 20 Fort Collins Additional Hauler Requirements-- Vehicle Specifications Financial Benefits: Costs : • Potential street maintenance savings to City if • Higher costs to haulers for replaccment vehicles overloaded trash vehicles limited possible Achieves : Shortcomings : • Addresses air quality • Haulers are concerned that requirements regarding the use of tag axles is duplicative of DOT vehicle operation requirements • Addresses impact of trucks on streets or • Does not address impacts of multiple trash neighborhoods trucks in neighborhoods including air quality, noise, street wear and aesthetics • May improve CO2 emissions achieving goals • Haulers are concerned that this restriction of of Climate Action Plan the type of vehicles (2 rear axles) does not take into account that a properly operated lighter vehicle could be more appropriate in certain areas. • Increases government requirements Trash Services Study Work Session December 9, 2008 Page 21 Fort Collins Proposed Requirement B-2 Monitor vehicle loads for solid waste hauling vehicles Establish a system for monitoring vehicle loads for solid waste hauling vehicles . Provide additional funding to Police Services for operation of the mobile truck enforcement unit. The Trash Services Study notes that vehicle weights are a major contributor to damage to residential streets . It notes that: "The impact that a vehicle exerts on a section of pavement is related to the vehicle 's axle weights. As axle weight increases the impact increases at a rate much greater than proportionally. As such, overweight vehicles exert a significantly greater pavement maintenance impact than that same vehicle at or below its legal weight, in addition to presenting a potential safety hazard. "A trash truck operating at one (1) ton over a legal payload of 10 tons (10% overweight) exerts an impact approximately 50% more than a vehicle loaded to its legal weight. That same vehicle operating at two (2) tons (20% overweight) over its legal payload exerts an impact approximately 100% higher than when loaded to its legal weight. "The fact that the Larimer County Landfill, and certain other neighboring landfills, do not have scales and charge haulers based on volume presents a potential incentive for haulers to maximize vehicle payloads. This may foster the overloading of vehicles. While this potential may exist, it does not necessarily mean that haulers are overloading their vehicles, which can cause increased vehicle wear-and-tear. " The most direct strategy for dealing with potentially overweight vehicles would be for Larimer County to install scales at its landfill. The City and County have discussed this option, but several issues have prevented progress on this decision. Installing scales at the landfill would be a financial issue for the City and Larimer County. Purchasing and installing scales is projected to cost between $55 ,000 and $ 150,000 . Larimer County does not have funding available for this purchase. Larimer County has not previously installed scales because it has based its tipping fee price structure on volumes rather than weights . The County ' s philosophy for establishing these prices has been that the weight of materials was not as relevant to its operations as the volume of materials to be disposed of and covered. Larimer County staff is concerned that the addition of scales may slow the entry of vehicles into the landfill, especially on days when large numbers of self-haulers enter the landfill. The location of the gatehouse, near Taft Hill Road, makes it critical that vehicles can enter the landfill quickly and not back up onto the roadway. If scales are installed, operational issues regarding Trash Services Study Work Session December 9, 2008 Page 22 /. Fit Collins which vehicles are weighed and whether the information is used to charge fees based on weight rather than volume must be resolved. As an enterprise fund, the County Solid Waste Department recognizes that by creating a possible time delay for haulers who take trash to the landfill, or other deterrents associated with scales, they may cause their customers to patronize other area landfills . The City might consider seeking a State legislative change that could require all landfills in the state to install scales. Such a State requirement would "level the playing field" between all of the landfills. Short of adding scales at the Larimer County Landfill, staff suggests that the City increase its enforcement efforts to ensure that trucks, as well as other heavy vehicles, are not operating over their legal weight limits within the City. During the 2008-09 Budgeting for Outcomes process, Police Services made a budget offer to increase its truck enforcement efforts . The net cost, after fine revenue, was projected to be approximately $25 ,000 per year. Increasing truck enforcement would have the benefit of ensuring overweight trash trucks were not causing excess damage to residential streets, while also benefiting the community as a whole by removing dangerous vehicles from the street. Police Services is likely to re-present the Vehicle Enforcement offer during the 2010- 11 Budgeting for Outcomes process, set to begin in the 2nd Quarter of 2009 . Additional Hauler Requirements -- Monitor vehicle loads Financial Benefits: Costs: • Potential street maintenance savings to City if • Monitoring overweight vehicles through overloaded trash vehicles limited portable scales or landfill scales = $ 150,000 capital; could be cost to haulers for more landfill trips if not currently meeting legal load limits • City administrative costs for enforcement, auditing and hauler education and monitoring $2500 - $5000 • Cost to haulers for lost productivity time Achieves : Shortcomings : • Addresses impact of trucks on streets or • Increases government requirements neighborhoods • Addresses safety issues • Increased administrative costs and cost of vehicle weight monitoring to City • Creates opportunity for haulers to readily • obtain accurate weight data for loads of trash, which is the metric required by the City for analyzing waste reduction and diversion programs ' effectiveness. Trash Services Study Work Session December 9, 2008 Page 23 Fort Collins C : Additional Requirements—Improved Oversight Proposed Requirement G 1 : Additional Reporting Requirements Require that haulers provide significantly greater data regarding their customers reported on an annual basis, including : • Number of customers by level of service subscription (33 , 65 , 95 gallon, or pre-paid bags) • Number of customers by category of subscription (residential, multi - family or commercial) • Detailed tonnage data for recyclables, yard waste, and trash volumes • HOA contract statistics and service area detail • Verify tons per yard data • Accurately report number of trucks/vehicles during licensing process Require haulers to provide information to the City which has been audited for In developing the Trash Services Study, Council and Staff found that much of the data that would have been useful in evaluating the efficiency of the community' s trash system and estimating the impacts of the system on street damage, air quality, noise, and aesthetics was unavailable. With few requirements for data to be provided to the City regarding their operations, haulers neither collect nor make available this information. These requirements would create an obligation for the haulers to provide more data to the City as a condition of their license. The data collected might become the basis upon which to make future decisions regarding the trash system if Council ' s desired goals are not met. Additional data requirements will include : ■ Number of customers by volume service (35 , 65 , 95 gallon, or pre-paid bags) ■ Detailed diversion data for recyclables ■ Calculated average diversion rate per residential customers ■ HOA contract statistics and service area detail ■ Verification of "tons per yard" data by providing certified weight slips for each trash vehicle on a quarterly basis ■ Accurately report number of vehicles during licensing process By requiring haulers to provide information to the City which has been audited for accuracy by an independent certified auditor, the City could more effectively ensure that the data is correct, and would not require the City to use its Sales Tax Auditors for this oversight function. Trash Services Study Work Session December 9, 2008 Page 24 Fort Collins Additional Hauler Requirements--Additional Reporting Requirements Financial Benefits : Costs : ■ Reduced City cost for auditing • City administrative costs for enforcement, auditing and hauler education and monitoring = Cost range to be determined • Cost to haulers for engaging independent auditor Achieves : Shortcomings : • Provides data upon which to make future • Increases government requirements decisions re: trash system requirements, if desired goals are not met. • Difficult to audit routes that are a mix of City and County customers Trash Services Study Work Session December 9, 2008 Page 25 Fort Collins Proposed Requirement C- 2 Additional Enforcement Focus additional staff effort on compliance with a variety of hauler and customer requirements . Additional enforcement could focus on the following areas : • Ensuring compliance with the Pay as you Throw (PAYT) Ordinance by Homeowner' s Associations (HOAs) participating in group accounts . This can include both education and auditing of group accounts. • Enable Health and Safety Inspectors to enforce Chapter 15 , Article XV, "Solid Waste Collection and Recycling Services" by expanding their commissions . Enforcement could include such areas as electronic waste disposal, compliance with recycling regulations, commingling of waste and recyclables by haulers, licensing requirements , hours of service limits, etc . The City passed ordinance changes in 2004 which explicitly extended the application of the PAYT ordinance to HOAs which participate in group accounts . Staff believes that additional outreach and enforcement of these provisions would be both timely and effective . This proposal is to refocus staff s efforts on this need. Education of HOAs , followed by enforcement auditing will be the focus of these efforts . This work can be accomplished with existing staff resources . Effective enforcement of other solid waste code sections has been difficult without field staff from the Natural Resources Department. Staff proposes that the City' s Health and Safety Inspectors be commissioned to enforce Chapter 15 , Article XV, "Solid Waste Collection and Recycling Services . " This expansion of their current commission would allow them to enforce such code provisions as electronic waste disposal, compliance with recycling regulations, commingling of waste and recyclables by haulers, licensing requirements, hours of service limits, etc . The Chief of Police could commission the Health and Safety Inspectors to perform these duties, and staff will be requesting these commissions in the coming weeks . No Council action would be required for these commissions to be made. Additional Hauler Requirements-- Additional enforcement Financial Benefits: Costs: • Capitalizes on existing resources to increase • City administrative costs for enforcement, enforcement auditing and hauler education and monitoring = Cost range to be determined Achieves : Shortcomings : • Effective implementation and enforcement of • Increases government requirements existing codes Trash Services Study Work Session December 9, 2008 Page 26 Fort Collins Proposed Requirement G3 : General Regulation Changes Other miscellaneous changes to the City' s code regarding solid waste collection, recycling and disposal (Chapters 12 and 15) will include : • Change recycling code to prohibit commingling trash and recyclables • Require haulers to clearly mark any vehicles being used for collection of recyclable materials with the term "Recycling" Two miscellaneous code changes may be timely, if other sections of the Solid Waste code are amended at this time . The first amendment would be to change the code to prohibit the commingling of trash and recyclables . The current code makes it a violation to "dispose" of recyclables in the landfill . Technically, this violation would occur outside the City limits, making enforcement difficult for the City. This change would create a prohibition from commingling the trash and recyclables—the violation that could occur within the City. Second, the City has received several complaints recently where residents believe that a trash hauler is collecting recyclables in a trash vehicle . In discussing this with the haulers, they have shared that they sometimes use a trash truck to collect a load of recyclables and deliver the materials to the recycling facility. This cross-use of equipment may create confusion with residents who believe that their recyclables are being treated as trash. The requirement that vehicles being used for collecting recyclables be clearly marked as such would eliminate this confusion and ensure that commingling regulations could be better enforced. Additional Hauler Requirements-- General Regulation Changes Financial Benefits Costs • Cost to haulers to create and use placards for trash trucks used as recycling vehicles Achieves : Shortcomings : • More effective enforcement • More effective communication with residents about the destination of their recyclables Trash Services Study Work Session December 9, 2008 Page 27 Fort Collins Market Strategies Market Option A : Open Competitive Market (Status Quo) Market Option Be Districted Trash Service Market Option C : Single Hauler, Exclusive Contract Trash Services Study Work Session December 9, 2008 Page 28 Fort Collins Market Strategies In addition to the Basic Proposal, staff has outlined options for the competitive trash service market: • Market Option A. Open Competitive Market (Status Quo) • Market Option B . Districted Trash Service • Market Option C . Single Hauler, Exclusive Contract The Council can consider any of the three Market Structures . The additional requirements of the Basic Proposal can be implemented either in the current open, competitive market or within the requirements of a Contract for Services (single hauler or districted system.) In order to change the market structure for trash service, the City could either develop two or more trash districts for the community or develop a single City-wide Contract for trash services . The City would offer private trash haulers the opportunity to competitively bid on providing trash and recycling services either to the entire community or districts within the community. Haulers would be required to meet a number of standards for service level, compliance with local requirements and customer service . The contract(s) would be awarded for the right to provide exclusive trash service based on price and qualification. The City could determine which accounts would be included in the contract (all residential customers, or all customers not currently within a pre-established and on-going trash service group contract such as HOAs) . As part of the scope of services contract for service, haulers would be required to meet a set of conditions that the City would outline in its Request for Proposals . Conditions could include setting minimum diversion rates for recyclables, methods for ensuring compliance with vehicle weigh limits, and/or other conditions that achieve City defined goals . State law sets parameters for how the City can become involved in the delivery of trash service . The law allows the City to impose a fee for provision of the service in all or a portion of the community. Under the Fort Collins City Charter can establish a City utility to provide the service or to create a City enterprise fund--actions that could require that the City submit the decision about contracted service to voters. Voters would need to approve an amendment to the Charter. As Council proceeds on the decision making process about contracting for service, staff will continue to work with the City Attorney ' s Office to evaluate under what circumstances an election would be required. The City of Lafayette recently moved from an open, competitive market for trash service to a single contract for service . Lafayette issued an REP for service providers and contracted with one hauler. The hauler provides trash and recycling service, customer service and billing. The City did not take the policy decision to voters for approval. State law also requires a fairly lengthy notice period to haulers if a municipality moves to a contracted system. If Council desires to select either market option B or C, the City will need to provide a 6 month notice to haulers that the contracted system will be implemented. During that period, the City could issue an RFP, negotiate a contract and work though implementation issues. It may be advisable to contract with an outside consultant to assist with this process to ensure a workable system. Trash Services Study Work Session December 9, 2008 Page 29 Fort Collins Market Option A : Open Competitive Market (Status Quo) Goals Achieved Cost of street wear (through monitoring weights/overloading) o Air quality o Neighborhood aesthetics o Other neighborhood impacts o Diversion rates for recyclables Implement no major changes to the trash system. Minor changes which could be implemented either within existing staff resources or through future budget offers could include : ■ Increase distribution of an HOA/neighborhood kit to provide tools and advice for contracting for consolidated neighborhood trash service ■ Legislative lobbying for state changes to methods available to regulate commercial trash haulers within Fort Collins ■ Overloaded truck monitoring—Provide additional funding to Police Services to monitor trash trucks to ensure they are not overloaded, or work with Larimer County and the City of Loveland to purchase and install truck scales at the Larimer County Landfill . ($ 55 ,000 to $ 150,000 one-time for scales) Open Competitive Market (Status Quo) Financial Benefits: Costs : • Possible savings in street maintenance costs if • Incidental cost for distributing information overweight vehicles eliminated. about how to consolidate service • Landfill scales = $55 ,000 to $ 150,000 one-time + ongoing operational costs • Overloaded vehicle monitoring = $25 ,000 per 2008-09 budget offer for truck enforcement Achieves Shortcomings • May increase voluntary trash services • Does not address impacts of multiple trash consolidation by neighborhoods trucks in neighborhoods including air quality, noise, street wear and aesthetics • May help create opportunities to regulate • Increased governmental requirements commercial trash hauling in the future • May reduce street damage if trash trucks are • Increased administrative costs and cost of found to be running overweight vehicle weight monitoring to City • Addresses safety issues created by overweight • Requires additional administrative and trucks on City streets operational work by Larimer County if scales are installed Trash Services Study Work Session December 9, 2008 Page 30 Fort Collins Market Option B : Districted Trash Service Develop a trash districting system for the community. The City would offer private trash haulers the opportunity to competitively bid on providing trash and recycling services under contract with the City to districts within the community. The community would be divided into two or more geographic districts and the City would issue an exclusive contract for service for all residential customers (single family dwellings and multi-family dwellings of 8 residences or less) within each of those districts . Districts will be defined by the boundaries of current City Council districts (e.g. Solid Waste District A Council District 1, 2 and 3; Solid Waste District B Council Districts 4, 5 and 6) Current haulers would be able to compete for one or more districts . The City would offer no guarantee that any of the current haulers would receive a contract for service. Haulers would be required to meet a number of standards for service level, compliance with local requirements and customer service . The contracts would be awarded for the right to provide trash service to either or both districts based on price and qualification. The City could determine which accounts would be included in the contract (all residential customers or all customers not currently within a HOA with a trash service contract.) The City would establish the fees for service based on the costs of contracting with the haulers providing service. In contracts for service, haulers would be required to meet a set of conditions that the City would provide. Conditions could include setting minimum diversion rates for recyclables, methods for ensuring compliance with vehicle weigh limits, and/or other conditions that achieve City defined goals . Under this option the City may be required to take over customer billing to allow it to establish a uniform City-wide rate structure . Billing would present a significant additional cost to the City, but one that could be covered by the fees charged for service. A significant portion of the efficiency savings from a districted trash system would likely accrue to the residential customers, since many are likely to find that their monthly trash rates will decrease when the haulers have more consolidated routes . For example, in Lafayette, individual customers who contracted for trash service outside of an HOA agreement typically paid $ 15 - 18 per month for their basic service. Under the districted model, customer rates are now $ 13 per month, and include curbside recycling services which were not previously provided in the community. If, as the haulers have asserted, 50% of residences are currently served under an HOA consolidated service agreement, the remaining 50% of households in Fort Collins would likely see their monthly charges decrease . This could total $3 -5 per month, times the remaining 20 ,000 residential customers, for a community savings of $ 720,000 — $ 1 ,200,000 per year. Actual savings could only be calculated when bids are received and reviewed. The analysis of the costs and benefits of a city-wide contract for service or a districted system has been stymied by the unwillingness of the trash haulers to provide more data about HOA accounts and routing than is currently required for their license. Without detailed information about routes and HOA/neighborhood contracts, the City is unable to conduct a detailed cost/benefit analysis of this option. City Staff and the consultant have both asked for this type of Trash Services Study Work Session December 9, 2008 Page 31 /. Foor- t Collins data from the haulers, but they are not required to provide this information to the City. The haulers consider this data to be proprietary business information. Terms of the contract for service could include (but are not limited to) provisions such as : a. For each Trash Service District, the City will issue an exclusive contract for providing service to all residential customers (single family dwellings and multi-family dwellings of eight residences or less) within the City limits. b. The Contract will be for a term of 5 years c . The successful hauler will be required to provide curbside solid waste collection service on a weekly basis, in compliance with the City' s current Pay-as-you-Throw ordinance . d. The hauler will provide 65 -gallon recycling toters, and single-stream curbside recycling service on a semi-monthly (2 times per month) basis, on the same day of the week as solid waste service is provided, in compliance with the City' s current Pay-as- you-Throw ordinance. e . The hauler will provide curbside yard waste recycling service to customers upon request. f. The hauler may provide all billing, customer service, and recycling containers . g. The hauler will routinely provide educational materials regarding PAYT and recycling programs, material accepted for recycling, and preparation of materials . h. The hauler will provide specific recycling education information to individual customers when that customer fails to properly prepare or set out recyclable materials (e. g. "Oops" notices for a customer who places non-recyclable materials into the recycling container, or places recyclable materials in the trash container) . i. The hauler will be required to meet a minimum recyclable material diversion rate of 20% of the residential waste collection, and/or a pre-established decrease in the amount of trash collected, per residential customer. j . The hauler will ensure that all collection vehicles are in safe operating condition, meet DOT standards, and be operated according to manufacturers specifications for loading (e .g. use of tag axles .) k. The contract for service will include performance standards for the haulers, addressing such issues as billing for service, customer service, missed pick ups etc . Districted Trash Service Financial Benefits: Costs : • Savings to City for street maintenance = • City implementation costs = $75 ,000 — $ 150,000 $ 170,000+ • Potential savings to at least half of the City ' s • Ongoing City administrative costs = $25 ,000 - residents = lower monthly rates with increased $50,000 annually; not including City billing efficiency of system (based on experience of costs, if required other communities) Achieves : Shortcomings • Reduced Truck Traffic Fear of cost increases causes concern for some => $ 170,000 + savings in street maintenance residents. Actual cost of service under revised (could be more because we don't know system would be unknown until bids are Trash Services Study Work Session December 9, 2008 Page 32 /. Foor- t Collins how many trash vehicles are over legal solicited (though bids need not be accepted if weight limits) offers represent significant cost increase) => 136 tons + in reduced CO2 emissions => Less fuel consumed by haulers • Increased neighborhood aesthetics with fewer • Customers would be required to pay a City days of trash cans on streets, more uniform service fee, and thus essentially lose choice of containers and less noise haulers, which is an objection by many residents who commented on the issue • Increased safety with fewer trucks in • Bigger government and more governmental neighborhoods requirements a negative for some • More readily available tools for increased • Different prices in each district possible if there diversion—could require successful bidder(s) is more than one contract awarded, and the City to: does not equalize fees throughout the City. City 4 Achieve minimum diversion rates billing might be required to ensure the same 4 Provide 65 gallon single stream containers price for all residents resulting in higher for recyclables which has led to increased administrative costs. These are costs that may volumes in other communities be recovered through fees on customer bills or 4 Offer yard waste at additional charge with through increased licensing fees for haulers. a set formula approved by the City 4 Build in requirement for audit/data verification by independent auditor approved by City • Reduced overall cost with greater system • Haulers believe that price of service would go efficiency due to economies of scale up under this model; particularly difficult for Other communities pay less after contract lower income residents during current economic for service established times . Some in HOAs already enjoy these rates— others could benefit too, creating more • Haulers concerned that a large, national "social equity" company may make an artificially low initial bid Increased operational efficiency for to receive the contracts, then increase prices in haulers future years when local businesses no longer Competition preserved when bidding on able to compete. contract • Greater leverage to guarantee no overweight • If require large single stream recycling vehicles if include contractual requirement for containers, requires added cost for customers to random weighing of trash trucks pay either through City charge or hauler fee. • One or more haulers may not be awarded a district, depending on the outcome of competitive bidding. This could significantly impact a local business. • Administrative costs for administrative staff, program oversight, auditing, possibly billing • Haulers believe that a contracted hauler system would provide lower level of service because of lack of day-to-day competition. Trash Services Study Work Session December 9, 2008 Page 33 Fort Collins Market Option Co. Single Hauler, Exclusive Contract for Service Goals Achieved Cost of street wear Air quality Neighborhood aesthetics Other neighborhood impacts Diversion rates for recyclables Develop a City-wide Contract for Trash Services . The City would offer private trash haulers the opportunity to competitively bid on providing trash and recycling services under contract with the City to the entire community. Haulers would be required to meet a number of standards for service level, compliance with local requirements and customer service . The contract would be awarded for the selected hauler to provide trash service to the entire City based on price and qualification. The City could determine which accounts would be included in the contract (all residential customers or all customers not currently within a HOA with a trash service contract) In the contract for service, haulers would be required to meet a set of conditions that the City would provide . Conditions could include setting minimum diversion rates for recyclables, methods for ensuring compliance with vehicle weigh limits, and/or other conditions that achieve City defined goals . One of the most significant changes that would occur under either the single hauler or districted model for trash service would be a change in the rates charged by haulers and to customers . Currently these rates vary greatly throughout the community. Staff has gathered information from a variety of sources to develop a list of residential trash rates . Sources include information provided by the haulers as a part of their annual licensing requirements, sample trash bills from customers, and quotes gathered from phone calls to haulers . The typical rates charged (quoted over the phone) for single subscribers are : Hauler A = $ 10. 75 / month (one can per week) to $23 / month (three cans) Hauler B = $ 11 . 95 / month (one can per week) to $23 . 95 / month (three cans) Hauler C = $ 14 / month (one can per week) to $23 / month (three cans) As noted above, HOA rates are very difficult for staff to extract from the haulers reports, but it appears that for HOA residents, the respective special rates are approximately: Hauler A = $7 / month (one can) to $ 14 .40 / month (three cans) Hauler B = $ 8 / month (one can) to $ 16 / month (three cans) Hauler C = $7 . 50 / month (one can) to $ 16 / month (three cans) Trash Services Study Work Session December 9, 2008 Page 34 /. Fort Collins Based on this data, a prediction of the savings that can be realized by HOA customers, on average, is : Hauler A = $3 . 75 / month to $ 8 . 60 (35 — 37% lower) Hauler B = $3 .95 / month to $7 . 95 (33 % lower) Hauler C = $6 . 50 / month to $7 (46% for lower level of service, 30% for higher level of service customers) A portion of the efficiency savings from a contracted trash system would likely accrue to the residential customers, since many are likely to find that their monthly trash rates will decrease when the haulers have more consolidated routes. For example, in Lafayette, individual customers who contracted for trash service outside of an HOA agreement typically paid $ 15 - 18 per month for their basic service. Under the contracted model, customer rates are now $ 13 per month, and include curbside recycling services which were not previously provided in the community. If, as the haulers have asserted, 50% of residences are currently served under an HOA consolidated service agreement, the remaining 50% of households in Fort Collins would likely see their monthly charges decrease . This could total $3 -5 per month, times the remaining 20 ,000 residential customers, for a community savings of $ 720,000 — $ 1 ,200,000 per year. Actual savings could only be calculated when bids are received and reviewed. The analysis of the costs and benefits of a city-wide contract for service has been stymied by the unwillingness of the trash haulers to provide more data than is currently required for their license. Without detailed information about routes and HOA/neighborhood contracts, the City is unable to conduct a detailed cost/benefit analysis of this option. City Staff and the consultant have both asked for this type of data from the haulers, but they are not required to provide this information to the City. The haulers consider this data to be proprietary business information. Terms of the contract for service could include (but are not limited to) provisions such as : a. City will issue an exclusive contract for service for all residential customers (single family dwellings and multi-family dwellings of eight residences or less) within the City limits . b. The Contract will be for a term of 5 years c . The successful hauler will be required to provide curbside solid waste collection service on a weekly basis . d. The hauler will provide 65 -gallon recycling toters, and single-stream curbside recycling service, in compliance with the City ' s current Pay-as-you-Throw ordinance, on a semi-monthly (2 times per month) basis, on the same day of the week as solid waste service is provided. e . The hauler will provide curbside yard waste recycling service to customers upon request. f. The hauler may provide all billing, customer service, and recycling containers . g. The hauler will provide semi-annual educational materials regarding recycling programs, material accepted for recycling, and preparation of materials . h. The hauler will provide specific recycling education information to individual customers when that customer fails to properly prepare or set out recyclable materials (e. g. "Oops" notices for a customer who places non-recyclable materials into the recycling container, or places recyclable materials in the trash container) . Trash Services Study Work Session December 9, 2008 Page 35 /. Fit Collins i. The hauler will be required to meet a minimum recyclable material diversion rate of 20% of the residential waste collection, and/or a pre-established decrease in the amount of trash collected, per residential customer. j . The hauler will ensure that all collection vehicles are in safe operating condition, meet DOT standards, and be operated according to manufacturers specifications for loading (e. g. use of tag axles .) k. The contract for service will include performance standards for the haulers, addressing such issues as billing for service, customer service, missed pick ups etc . The City of Lafayette exempted HOAs with existing written contracts for services when it implemented a single contract for city-wide trash service. This alternative is not built into the proposal as written, but it could be added at Council ' s request. Lafayette ' s experience was that, despite being excluded from the City-wide contract for service, many of the HOAs later requested to participate in the City ' s program because of better pricing and less administrative work for the HOA. Administrative issues in pursuing this option would include identifying and defining eligible HOAs, determining the applicability of the exemption to "informal" voluntary consolidations, maintaining the inventory of HOAs exempt from the ordinance, and on-going administration of the exemption. Staff is also concerned about the effectiveness of the bidding process when a significant number of neighborhoods may choose to opt-out. Such uncertainty may lead the haulers to bid a higher overall price for the service because they will not clearly know how many accounts will be available to them in a districted or city-wide contract. Single Hauler, Exclusive Contract for Trash Service Financial Benefits : Costs : • Savings to City for street maintenance = • City implementation costs = $75 ,000 — $ 170,000+ $ 150,000 • Potential savings to residents = lower • Ongoing City administrative costs = $25 ,000 monthly rates for at least half of Fort - $50,000 annually; not including City Collins households with increased billing costs, if required efficiency of system (based on experience of other communities) Achieves : Shortcomings • Reduced Truck Traffic • Fear of cost increases causes concern for => $ 1701000 + savings in street some residents . Actual cost of service under maintenance (could be more because revised system would be unknown until bids we don't know how many trash are solicited (though bids need not be vehicles are over legal weight limits) accepted if offers represent significant cost => 136 tons + in reduced CO2 emissions increase) => Less fuel consumed by haulers • Increased neighborhood aesthetics with • Customers are required to pay for City fewer days of trash cans on streets, more service and thus essentially lose choice of uniform containers and less noise haulers, which is an objection by many residents who commented on the issue • Increased safety with fewer trucks in • Bigger government and more governmental neighborhoods requirements a negative for some Trash Services Study Work Session December 9, 2008 Page 36 /,.,Fo t Collins • More readily available tools for increased • Only one of the existing haulers (or diversion—could require successful conceivably, none, if a new-to-town bidder(s) to : company wins the contract) will receive the Achieve minimum diversion rates contract based on the outcome of Provide 65 gallon single stream competitive bidding. This could containers for recyclables which has significantly impact local businesses. led to increased volumes in other communities Offer yard waste at additional charge with a set formula approved by the City Build in requirement for audit/data verification by independent auditor approved by City • Reduced overall cost with greater system Administrative costs for administrative staff, efficiency due to economies of scale program oversight, auditing, possible billing Other communities pay less after contract for service established Some in HOAs already enjoy these rates—others could benefit too, creating more "social equity" Increased operational efficiency for haulers Competition preserved when bidding on contract • Greater leverage to guarantee no • If require large single stream recycling overweight vehicles if include contractual containers, requires added cost for customers requirement for random weighing of trash to pay either through City charge or hauler trucks fee. • Haulers believe that a contracted hauler would provide lower level of service because of lack of day-to-day competition. • Haulers believe that price of service would go up under this model; particularly difficult for lower income residents during current economic times. • Haulers concerned that large, national company may make an artificially low initial bid to receive the contract, then increase prices in future years when local businesses no longer able to compete. Trash Services Study Work Session December 9, 2008 Page 37 Natural Resources c$ of 215 N Mason PO Box 580 Fort Collins Port Collins 0 80521 970.224-6177 • ��� fcgov. 46177-fax lcgov.com Attachment 2 MEMORANDUM TO: City Council Members FROM: Ann Tumquist, Policy and Project Manager Susie Gordon, Senior Environmental Planner RE: Trash Services Study Supplemental Information: Emerging Issues DATE: December 3, 2008 Like the rest of the economy, the scrap/recycling industry is currently suffering from a dramatic reduction in commodity prices for all types of materials. That, and fluctuating prices for vehicle fuel, have significant impacts on local trash/recycling companies. While the City continues to closely monitor the situation and to look for ways to ensure that local recycling programs are managed with as much efficiency and sensitivity to costs as possible, it needs to be taken into • consideration during discussions about the Trash Services Study. 1. Commodities Markets for Recyclables Global declines in the value of recycling commodities have occurred in recent months. Nationally, the average value for baled paper dropped from $103 per ton in June to $6 per ton in November; steel has dropped in the past 90 days by more than 85%; and, scrap plastic buyers have been slashing prices. At the Larimer County recycling plant, the $18 /ton rebate that was paid in October for commingled (single-stream)recyclables has been eliminated. Product manufacturing and sales are down, as is the demand for recycled feedstock from paper and other recyclable materials. China, the destination for much of our scrap in recent years, suddenly stopped purchasing plastic,recycled cardboard and paper from the US, and recyclable materials are becoming stockpiled at processing plants. This is not a new scenario; prices were also down in the early 90's, and the recycling industry is familiar with cyclical markets. Experienced brokers who have weathered previous fluctuations remain confident that prices will rebound eventually,but for at least the next six months and possibly longer, the City needs to be aware that rebates will be considerably lower for paper/fiber commodities and that for low-grade materials, the prices have dropped to zero. The City will continue to prudently manage local recycling programs in cooperation with local • hauling companies so that we don't lose ground during these depressed commodities markets. Fort Collins We are also providing the following suggestions to the public about how to help support recycling: • Consumer power. Support products with recycled-content material. Ask manufacturers with virgin-only content to switch. • Recycle right. Recycle accepted and commingled materials only, and carefully follow preparation guidelines that help protect their market values. • Be world class, sort your glass. Take clean, separated glass to glass-only recycling centers in Fort Collins or Loveland; that way,high levels of the glass get manufactured back into bottles, plus it raises the quality of the other materials in curbside bins. 2. Fuel Surcharges Two years ago, some local trash haulers began adding a fuel surcharge to customers' trash bills (as have many other trucking related businesses) to help cover the volatile cost of diesel fuel. However, the City's Pay-as-you-throw Ordinance specifies that only two line items may be included in trash bills. The City recently communicated to the haulers that additional charges dilute the effectiveness of the PAYT ordinance, and therefore any additional costs for fuel must be incorporated into either the unit cost of the trash itself, or in the monthly fee that haulers are permitted to charge to cover costs of operations. The fuel surcharge as a stand-alone item on trash bills must be discontinued. The haulers in Fort Collins recently asked the City to consider amending the PAYT Ordinance to allow a fuel surcharge to bills. The suggestion is to allow a surcharge that could be tied to a fluctuating standard such as the U.S. Department of Energy Weekly Retail On-Highway Diesel Prices Index. As prices rise or fall, the surcharge would vary. As an example, the following calculation that is currently used by one hauler is described on their company's website: "The fuel surcharge calculation is tied directly to the national average price of diesel fuel as reported weekly by the Energv Information Administralion of'the US. Department ofEnergy ("FIA/DOE') in its Weekly Retail On-Highway Diesel prices Index. This index is objective,publicly available and ividely recognized in the trucking and transportation industries. This change will ensure that you, our valued customer, ivill pay a fuel surcharge that is currently adjusted, easy to calculate, and equitable to you and the Company. The EIAIDOE average is published each Monday and will be used for all invoices created during that week. The "Flauler's" Collection Fuel Surcharge Table or "Hauler" Disposal Fuel Surcharge 'fable shows ivhat thefuel surcharge, as a percentage ol'your monthly or other periodic invoice charges, before taxes, would be based upon the last reported EIAIDOE national diesel price index prior to your invoice date. " A change in the ordinance to allow for fuel surcharges needs further examination by staff to make sure that does not undermine the overall goal of the PAYT ordinance. Staff will continue to discuss this issue with both haulers and the City Attorney's Office - 2 - ATTACHMENT City Manager's Office 300 LaPorte Avenue PO Box 580 CitV of Port Collins Fart Collins,5 ao5zz 970.221.8505 970.224.6107-fax /cgov.com MEMORANDUM TO: City Council Members FROM: Ann Ttiumquist,Policy and Project Manager THRU: Darin Atteberry, City Manager Diane Jones,Deputy City Manager RE: Work Session Follow-up: Trash Services Study DATE: January 9, 2008 On January 8, City Council and staff met in Work Session to review the proposed project scope and timeline for the Trash Services Study which will be completed during 2008. Council gave staff direction to proceed with the Study, including a range of options from the null alternative to districted trash service. Council generally agreed that it did not wish to pursue a municipally owned trash utility. Council also asked staff to develop alternatives that made improvements to the system without harming existing haulers. Council provided direction to staff to eliminate the proposed survey from the scope of work and to instead pursue other avenues of public involvement. A series of forums was suggested as a way to both provide information and gather feedback from community members. Council Members also suggested that staff might consider doing a survey or poll once options have been developed,rather than in advance of the data collection and analysis. In addition to the issues outlined in the staff report, Council Members asked staff to explore several other issues in the Study, including: • In what ways can the pay-as-you-throw trash ordinance be made more effective, including more auditing of trash haulers? • What detailed information about Fort Collins' recycling and waste diversion rates(including compost and construction debris) can be provided? Consider applying a"mass balance"or systems-based approach to analyzing local waste. Explain what is included in the definition of"waste diversion rate". • What new concepts could be employed to increase recycling and diversion rates? • What public/private partnerships might be possible to enhance waste diversion? where renewal is a way of life City Council Members Re: Work Session Follow-up: Trash Services Study January 9, 2008 Page 2 • What impacts do emerging hazardous waste needs have on trash service(mercury,light bulbs,televisions, etc.)? • How many street miles which are built to the new higher standards? Provide a map. • How many HOAs are in the City;how many participate in consolidated trash agreements, and how many do not? How many lane miles does this cover? How many of those HOAs that have agreements still have a few residents who choose not to participate? • Has more staff been added to recycling/solid waste programs in recent years? • What technology options might be employed by haulers to address the issues without moving to a districted model? • Find out what other communities are doing about trash and recycling. Check with National League of Cities on the number of cities that do their own trash collection, or that contract it out. • How would Vehicle Miles Traveled(VMTs)change under a districted system(i.e.will they really decrease?) • How is the impact of trash trucks different from the impact of other large vehicles such as delivery trucks,recycling trucks,busses, compost trucks,mail trucks,etc? What is the affect on air quality from the acceleration/deceleration of trash trucks versus the amount of VMT that occurs? • How do we protect our streets assets? • How do vehicle weights impact the calculations of trash truck damage to City streets? Does the City track violations of over-weight vehicles? • If there are things that we are doing well,include that information in the report. Staff will develop and issue the Request for Proposals for the Study with the goal of having a consultant working on the project as soon as possible. G:IMG=0081CMO Meefbgs101y CouneffWa$Session Smsmm W10108 Tmsh Sludy.dx City Manager's Office City of City Hall 300 LaPorte Ave. PO Box ort Collins 80 Fort . .0080522 970.2222105 970.22465.6107-tax fcgov.com MEMORANDUM TO: City Council Members FROM: Ann Turnquist, Policy and Projects Manager THRU: Darin Atteberry, City Manager D- RE: Work Session Follow-up: Trash Services Study Update DATE: July 10, 2008 On July 8, City Council, staff and the City's trash consultant R3 Consulting met in Work Session to provide an update on the progress of the Trash Services Study. The following summarizes the discussiun and follow-up questions that staff will answer. R3 Consulting Group has completed its Trash Services Study report, including an analysis of Fort Collins' current open competitive trash system and a large number of alternative solutions which address the problem statement offered by the City. The problem statement that staff and the consultant have been addressing includes: "In what ways can the City reduce the impacts of trash collection services in Fort Collins, addressing issues of the cost of street wear, air quality, neighborhood aesthetics, noise, and other neighborhood impacts? Are there ways that the City might also improve diversion rates for recyclables?" Council's feedback regarding the study included the following: • Council directed staff to ensure that the project thoroughly addresses diversion issues, in addition to the collection system issues. • An overarching concern of Council was to ensure that all policy options need to be considered as a cost/benefit analysis. Is the net improvement of any action (regulatory, education, data collection, etc.)great enough to offset the cost to the city, the hauler and the customers? • In several cases, Council asked for additional data regarding the current trash hauling system. Data needs included the number of residential customers served through HOA contracts, definitive data regarding actual weights of materials sent to the Fort Collins landfill, detailed current diversion rates, the value of materials that could be diverted in the future, and the cost of collecting data. • An issue that the consultant emphasized and Council supported was the concept that any action toward increasing diversion must target both incentives to customers to reduce land filled materials (i.e. through Pay-as- you-throw ordinance) and incentives to haulers to maximize diversion. Council discussed the concept that haulers could benefit if the City ensures a level playing field where all haulers are implementing the PAYT effectively and incentives are created for performance. ■ Council noted that residential waste is only part of the issue because the commercial customers account for 70%of the community's waste stream. Council also took note that state law limits much of the regulation of commercial waste collection. • Council Members generally agreed that regulations regarding trash truck appearance shouldn't be considered. This hasn't been an issue in Fort Collins. Council asked for additional information about a number of questions. Staff will gather this information and provide it back to Council under separate cover. Study Data: 1. Explain in more detail the ESAL calculations for street wear caused by trash trucks. How is a trip in each direction considered to cause twice as much wear as one trip? How do we analyze the difference between five trucks serving neighborhoods all over the city versus 5 trucks that each work in their own area? 2. Review the CO2 emissions calculations. Detail the impact of stops which are spread out widely across the community versus routes which are clustered together. 3. Can we provide more detailed data regarding the number of HOAs which participate in consolidated trash service and the percentage of total household that this represents? 4. Provide more information about the average weight of trash trucks. Diversion Issues: 5. Provide more emphasis on recycling and diversion rates. Better emphasize the benefits of increased diversion. Why is it important? What is the impact on air and water quality? What is the scientific basis for why diversion is good for the community? 6. Clarify how the 7% total for hauler controlled curbside recycling fits into the overall 27% community diversion rate. 7. Provide the analysis of diversion by method as a pie chart. 8. What is the value of the recyclable material which is currently ending up in the landfill? 9. Are the current residential haulers asking for a fee or deposit for their recycling tubs? 10. What recycling education do haulers currently provide to customers? 11. Are haulers effectively complying with the Pay-as-you-throw ordinance when they work with HOAs? Are they offering different size containers with different pricing? 12. What ideas would the haulers have for ways they can control increasing diversion rates? 13. What are the costs of increased diversion,both to haulers and customers? �.F�ort Collins Other: 14. Provide some information about the future of the Larimer County Landfill. Do we have data regarding the number of trash trucks that go into the Landfill from the City? How can we standardize the information from haulers to learn accurate weights for the materials entering the landfill? 15. What percentage of trucks operated by local haulers are already compliant with 2010 EPA standards? Staff will proceed with its outreach to the community regarding the proposed policy changes. Based on the feedback from Council, Staff will focus on three alternatives during this outreach: Should the City create Trash Districts for residential trash service? ■ Should the City increase regulation of haulers to address issue of noise, air pollution, overloaded vehicles,enhanced Pay-as-you-throw requirements,yard waste within the curbside recycling program and other actions that would reduce the impact of trash trucks on residential neighborhoods? ■ Does the community desire additional programs and/or regulations which would encourage or require increased residential recycling? On September 23, Council will again consider this subject. Staff will present the community feedback that has been gathered over the next two months along with staff recommendations for next slap,W. be pursued. city ManoWs ores 3 City 300 of LsP rts oo uPo Ave. Fort Collins PO Box 660 Fort Collins,CO 806Y2 r 970.22 .60 970.224.8107 fax kgov.00m MEMORANDUM i TO: City Council Members i FROM: Ann Tumquist,Policy and Project Manager,'- i THRU: Darin Attebeny,City Manager Diane Jones,Deputy City Manager RE: Work Session Follow-up: Trash Services Study Update,September 23,2008 DATE: September 25,2008 On September 23,Council and staff met in Work Session to review the Trash Services Study and discuss several strategies for addressing the Council's problem statement: "In what ways can the City reduce the impacts of trash collection services in Fort Collins, addressing issues of the cost of street wear,air quality,neighborhood aesthetics,noise, and other neighborhood impacts? Are there ways that the City might also improve diversion rates for recyclables?" Council was asked to review five implementation alternatives for which staff will develop detailed proposals. The five alternatives included: Option 1: City-wide Contract for Service or Districted Trash Service(includes Pay as You Throw Ordinance and Recycling Enhancements) Option 2: Additional License Requirements without Districting Option 3: Implementation of Recycling Strategies Option 4: Additional License Requirements_and Implementation of Recycling Strategies . without Districted Trash Service Option 5: Null Altemative No Legislative Changes Council directed staff to develop two alternatives for further consideration: Options 1 and 4 above. Council also asked staff to schedule an additional work session before the end of 2008 to i review specific proposals. Therefore, Staff has added the Trash Services Study to the December 9 work session agenda Council asked for additional information about several questions: 1. What rates do haulers currently charge for residential trash service?How are rates different for HOA contracts? 2. When will the landfill have scales? What issues have prevented the Larimer County j Landfill from having scales in the past? i i City Council Members Work Session Follow-up: Trash Services Study Update 'September 25,2008 Page 2 i 3. What methods might be available to increase hauling densities by voluntary consolidation of more neighborhoods? 4. Could the City charge a truck mileage fee,wherein trash trucks are charged for the miles that they travel? Would this help pay for the impact of trucks and change the haulers { routing? 1 5. Is it possible to regulate where haulers serve in a way that takes into account where their current mutes are and only allowing them to serve neighborhoods where they have a certain level of density a Staff will address these questions in a follow-up memorandum. Please let us know if you have c any additional questions. i i i i i i i i i i { t i i 1 L i City Manager's Office City of City Hall 300 LaPorte Ave. PO Box Fort Collins Forts 80522 �rYy� 970.22221505 970.224.6.6.6107-fax fcgov.com MEMORANDUM TO: City Council Members FROM: Ann Turnquist, Policy and Project Manager Susie Gordon, Sr. Environmental Planner THRU: Darin Atteberry, City Manager Diane Jones, Deputy City Manager RE: Work Session Follow-up: Trash Services Study Update, September 23,2008 DATE: October 9, 2008 On September 23, Council and staff met in Work Session to review the Trash Services Study and asked for additional information about several questions: 1. What rates do haulers currently charge for residential trash service? How are rates different for HOA contracts? Staff has gathered information from a variety of sources to develop a list of residential trash rates. Sources include information provided by the haulers as a part of their annual licensing requirements, sample trash bills from customers, and quotes gathered from phone calls to haulers. The entire range of subscription rates offered by haulers is $4 /month(one 33 gallon can per week)to $28 /month(three 33 gallon cans per week or one 95 gallon toter.) Staff is unable to tell whether the extremely low rate of$4 is actually in effect anywhere. We think it could be a special price that the reporting company offers, for instance to seniors or military customers. Same goes for the higher rates of$28 - although it is reported to us by one of the companies,we don't actually know if it is applied to any customers. The typical rates charged (quoted over the phone) for single subscribers are: Hauler A=between $10.75 /month (one can per week) to $23 /month(three cans) Hauler B =between $11.95 /month(one can per week)to $23.95 /month(three cans) Hauler C =between $14 /month(one can per week) to $23 /month (three cans) HOA rates are very difficult for us to extract from the reports, but it appears that for HOA residents, the respective special rates are approximately: Hauler A= $7/month(one can)to $14.40/month(three cans) Hauler B = $8 /month (one can) to $16/month (three cans) Hauler C= $7.50/month (one can) to $16/month(three cans) City Council Members Work Session Follow-up: Trash Services Study Update September 25, 2008 Page 2 Based on this data, the savings that can be realized by HOA customers, on average, is: Hauler A= $3.75 /month to $8.60 (35 - 37% lower) Hauler B = $3.95 /month to $7.95 (33% lower) Hauler C = $6.50/month to $7 (46% for lower level of service, 30%for higher level of service customers) 2. When will the landfill have scales? What issues have prevented the Larimer County Landfill from having scales in the past? Installing scales at the landfill will be a financial issue for the City and Larimer County. Purchasing and installing scales is projected to cost between $55,000 and $150,000. Larimer County does not have funding available for this purchase. Larimer County has not previously installed scales because it has based its tipping fee price structure on volumes rather than weights. The County's philosophy for establishing these prices has been that the weight of materials was not as relevant to its operations as the volume of materials to be disposed of and covered. Larimer County staff is concerned that the addition of scales may slow the entry of vehicles into the landfill, especially on days when large numbers of self-haulers enter the landfill. The location of the gatehouse, near Taft Hill Road, makes it critical that vehicles can enter the landfill quickly and not back up onto the roadway. If scales are installed, operational issues regarding which vehicles are weighed and whether the information is used to charge fees based on weight rather than volume must be resolved. As an enterprise fund,the County Solid Waste Department recognizes that by creating a possible time delay for haulers who take trash to the landfills, or other deterrents associated with scales, they may cause their customers to patronize other area landfills. 3. What methods might be available to increase hauling densities by voluntary consolidation of more neighborhoods? Currently, City staff strongly encourages new developments to establish cooperative agreements for consolidated trash services as a part of their HOA, starting as early as the conceptual review stage for new housing subdivisions. This process has been successful in ensuring that many new neighborhoods have only one hauler providing services to all residents. Staff from the Natural Resources Department is in the midst of conducting a survey of known HOAs to determine the number and location of consolidated hauling agreements. The Neighborhoods Division has worked with the Natural Resources Department to encourage neighborhood groups to establish voluntary agreements regarding trash hauling in areas where HOAs do not exist. The attached handout has been provided to neighborhood groups to highlight the benefits of voluntary consolidation and working City Council Members Work Session Follow-up: Trash Services Study Update September 25, 2008 Page 3 together to reduce the number of trash trucks in individual neighborhoods. See Attachment A. In the future, if a districted or contracted City-wide service is not pursued, staff will renew its work with neighborhoods to provide tools for creating voluntary consolidated service. Handouts that include suggestions for how to establish a consolidated contract will be provided to all known neighborhood groups and staff will seek opportunities such as Neighborhood Night Out to circulate information about voluntary consolidation. Information can also be posted on the City's web site and publicized occasionally to encourage groups to form voluntary agreements. 4. Could the City charge a truck mileage fee,wherein trash trucks are charged for the miles that they travel? Would this help pay for the impact of trucks and change the haulers routing? Some communities, primarily in California,have imposed"refuse vehicle impact fees" based on deterioration caused by the size and weight of solid waste vehicles. These communities all seem to operate under franchise agreements for the provision of a City- wide trash service. The fee is imposed on the hauler as a condition of the contract for service. An example of such a fee from Livermore, CA is included as Attachment B. The City's ability to charge a similar fee under Colorado law would need to researched and evaluated by the City Attorney's Office. Staff believes that charging a fee based on mileage would be difficult to administer because existing haulers provide service both inside and outside the city limits, often with the same trucks on the same run. They also mix residential and commercial loads. If the goal is to ensure that the haulers have the most efficient routes possible to minimize unnecessary trips, staff believes that the effect of high diesel fuel prices over recent months are a significant incentive to be efficient. If the goal is to create a revenue stream to cover street damage, alternatives might include revisiting the Transportation Maintenance Fee (TMF) last considered by City Council in 2005 or pursuing changes to the trash haulers licensing fee. Either of these options would require a careful analysis of the fee level and the nexus between the fee and the City's costs. 5. Is it possible to regulate where haulers serve in a way that takes into account where their current routes are and only allowing them to serve neighborhoods where they have a certain level of density? Colorado State Statues outline a method for local governments to use in regulating the residential trash hauling market which is geared toward the competitive practice of trash districting or providing a city-wide contract for service. In the 1970s, efforts to informally divide up the community based on where various haulers had the greatest number of customers were met with legal challenges from the State and charges of collusion and price City Council Members Work Session Follow-up: Trash Services Study Update September 25, 2008 Page 4 fixing. Staff believes that the City's options for regulating where haulers serve are limited to the awarding of contracts through a competitive process. 6. Is it possible to divide the city into the EXISTING HOA"trash districts," plus one? Each HOA or neighborhood group that is already contracting with a single hauler would become a district. If other HOAs or neighborhood groups want to constitute themselves into a trash district, let them do that. Could the city then set up rules, extending those we already have, about PAYT, recycling, etc., for all hauling? Could we consider the HOAs to be commercial accounts? The Trash Services Study consultant, R3 Consulting, has advised us that the difficulty for the City in managing multiple contracts, which is considerable, should only be undertaken for three or fewer "districts." In fact,the optimal system to achieve council's objectives would be a single-contract agreement. The more districts created,the lower the economies of scale and the more administrative requirement. Staff strongly feels that it would be impractical to create "mini-districts," each of which would require City administration and oversight. The City of Lafayette used a different approach than creating separate districts for HOAs by exempting HOAs with existing written contracts for services. Lafayette's experience was that, despite being excluded from the City-wide contract for service, many of the HOAs later requested to participate in the City's program because of better pricing and less administrative work for the HOA. Administrative issues in pursuing this option would include identifying and defining eligible HOAs, determining the applicability of the exemption to "informal" voluntary consolidations, maintaining the inventory of HOAs exempt from the ordinance, and on-going administration of the exemption. Staff is also concerned about the effectiveness of the bidding process when a significant number of neighborhoods may choose to opt-out. Such uncertainty may lead the haulers to bid a higher overall price for the service because they will not clearly know how many accounts will be available to them in a district or city-wide contract. Categorizing HOAs as commercial accounts and exempting them from the City contract presents several significant issues. In 2004,the City amended the Pay-as-you-Throw ordinance to clarify that HOA accounts are to be considered residential, not commercial accounts. This enables the City to apply PAYT provisions to HOAs. Previously,haulers often chose not to offer PAYT opportunities to those customers who participated in consolidated accounts. If the City reverts to classifying HOAs as commercial customers, then the city would need to again amend the PAYT ordinance to include commercial customers. Staff is certain that if the City attempts to change the rate structure for commercial customers it is likely to raise significant objections from trash haulers and commercial customers - possibly even litigation. 7. If Council decides to go with some sort of organization based on geography, can we require commercial accounts to use the hauler assigned to their area? More City Council Members Work Session Follow-up: Trash Services Study Update September 25, 2008 Page 5 generally, could someone offer us a one-pager on what rules we can and cannot impose on collection of trash from businesses and apartment houses? Staff s understanding of the State legislation regarding regulation of commercial trash hauling is that, while the City can become involved in commercial hauling regulations, it may not regulate rates impose mandatory fees for government provided services or require commercial/multi-family trash customers to use the City's trash services over the services of a ovate trash hauler. Staff believes that requiring commercial customers to use a specific hauler could be in conflict with State requirements. Staff does believe that the City could create requirements regarding trash and recycling collection that would be applicable to both residential and commercial customers. Such requirement might include requiring PAYT pricing structures (not the specific rates), requiring the haulers to offer recycling services to commercial customers as a part of the base pricing, or other requirements aimed at increasing recycling rates (e.g., corrugated cardboard ban.) On December 9, Council and staff will meet again in Work Session to further discuss several options for managing trash services in Fort Collins. Options may include the following: o Additional Hauler Requirements ■ Pay as you Throw Ordinance Changes ■ Yard Waste ■ Large, Single-stream Recycling Toters ■ Recycling Education Partnership • Licensing fees per Account • VehicIe Specification ■ Corrugated Cardboard Ban o Districted Trash Collection Contracts for Service with Additional Hauler Requirements o City-wide Trash Collection Contract for Service with Additional Hauler Requirements Staff looks forward to discussing these options in greater detail on December 9. Attachment A Community Planning and Environmental Services iJ necadawe. Natural Resources Department P. City of Fort Collins Idea �� «rs .k i For information on trash and recycling consolidation, contact the City of Fort Collins Natural Resources Department at 221-6600. 191 AI I"'nll...... A.... . On n...,cOn . C.._a i d Define the boundary areas of a neighborhood you want to consolidate. Others have defined their area from as little as a street or two, to several blocks. d Call several of the trash haulers in Fort Collins to find out their interest and terms for working with your neighborhood to consolidate trash and recycling services. Haulers will often give you a price quote for consolidated services, generally depending upon the size of your neighborhood. d Contact the people in your defined neighborhood. Provide information about the benefits of consolidating, the terms expressed by the hauler you have chosen and how to sign-up for the service. d Follow-up with neighborhood residents to answer questions, provide additional information etc. d Provide new people moving into the neighborhood information about consolidated trash and recycling services and encourage them to sign-up with the 'neighborhood hauler.' d Celebrate your neighborhood's success. This can be as simple as a 'Thank you' note or as elaborate as a block party. NOTES: e Homeowner associations sometimes develop a written contract with a hauler for consolidated services. In these instances, the membership of the homeowners' association has agreed to consolidate as an association. ® Sometimes it takes several months for people to switch haulers because they have prepaid for service. 2 Fo ies BFI Waste Systems 223-0154 Dick's Trash Hauling Service 482-1674 Gallegos Sanitation, Inc. 484-5556 Ram Waste Systems, Inc. 226-3396 S & S Sanitation 482-9093 Waste Management of Northern Colorado 482-6319 144 Larimer County Landfill 498-5770 City of Fort Collins Natural Resources Department 221-6600 (provides information on precycling, grasscycling, recycling and composting) City of Fort Collins Neighborhood Resources Department 221-6091 3 (Modify according to your specific needs) (Date) Dear Neighbor: Did you know... ' # The impact of one trash truck on a residential street is equal to approximately 300 to 400 cars? # An average of six trash trucks travel on our residential streets every week? 0 Nearly one third of our city's neighbors voluntarily consolidate trash and recycling services? 0 Over two thirds of communities that have tried voluntary trash and recycling consolidation services are successful? Until recently, I didn't. It makes sense for us as a neighborhood to consolidate trash and recycling services with one company. Some of the benefits of reducing to a single trash collection service include: Increased residential safety, especially to children, less traffic congestion and noise, enhanced air quality and decreased wear and tear on road surfaces caused by heavy vehicles. I have contacted several trash hauling agencies about working with our neighborhood. The most economical company is 'XYZ'. Specifically, each bag or container of trash would cost $X and curbside recycling is provided at no extra charge. In order to receive this price, at least xx% of our neighborhood must sign with 'XYZ' company. Improving the aesthetics of our neighborhood is an additional benefit as the number of days trash cans will be visible on the street is greatly reduced. You can see why my goal is 100% participation over the next fews months. If you have not signed-up with 'XYZ' company, I urge you to register. Hopefully, we will reach our goal soon! If you have any questions, please don't hesitate to call me at#555-1234. Sincerely, W. J. Trash 4 City Council Members Work Session Follow-up: Trash Services Study Update September 25, 2008 Page 6 Attachment B City of Livermore, CA Article X. Refuse Vehicle Impact Fee 8.08.900 Purpose of article and findings. The city council hereby finds and declares as follows: A. Traffic associated with solid waste,recycling and yard waste collection vehicles (refuse vehicles) places a significant burden on city streets and is a significant cause of street damage; and B. The city council finds that unless certain actions are taken, pavement damage related to refuse vehicles will result in adverse impacts including accelerated deterioration of pavement conditions on city streets, reduced ride quality, increased vehicle repairs, increased energy consumption, and disruption to traffic flow. Implementation of the refuse vehicle impact fee will prevent these undesirable consequences, allowing the city to maintain the streets and roads in a good condition and avoid the deterioration of pavement to the point where extensive rehabilitation or reconstruction becomes necessary at a higher cost; and C. The city council also finds that, in the absence of this chapter imposing a refuse vehicle impact fee, existing and future sources of revenue will be inadequate to fund a substantial portion of pavement repair for the city's streets and roads necessary to avoid unacceptable pavement condition indexes in the city created by refuse vehicle impacts; and D. Accordingly, it is the intent of the city council to adopt by this chapter a fair and equitable method of securing some of the funds necessary to repair the damage caused to city streets and roads as a result of refuse vehicles to preserve acceptable pavement conditions throughout the city; and E. The city commissioned an independent study that determined the annual street repair costs attributable to damage caused by refuse vehicles is approximately $838,000 annually; and F. The city council has considered that independent study analyzing the cost to repair street damage caused by refuse vehicles; and G. The city council has determined that the cost incurred by the city for such street repair resulting from refuse vehicles should be defrayed by the imposition of fees charged by the city's franchised solid waste services provider to cover at least a portion of those costs; and City Council Members Work Session Follow-up: Trash Services Study Update September 25, 2008 Page 7 H. The city council has determined that the following fees will cover a portion of the costs to the city for its street repair costs resulting from refuse vehicles; and I. The city council is aware of and understands the preemption issue presented by California Vehicle Code Section 9400.8; and J. The fee imposed by this chapter is distinguishable from the fee found to be preempted by "County Sanitation District No. 2 v. the County of Kern" in that the refuse vehicle impact fee is based on reasonable costs of repairing and restoring streets to previous levels whereas the county of Kern imposed its fee pro rata based on the number of tons hauled in the county; and K. The refuse vehicle impact fee is a regulatory fee imposed for the general welfare of the city and as an exercise of the city's police power pursuant to Article XI, Section 7 of the California Constitution; and L. The city does not grant privileges for using city streets. City streets are open to all members of the driving public generally; and M. Refuse vehicles have the same right as any other vehicle to drive over city streets; and N. This chapter may not be enforced by an injunction which prevents a construction vehicle from driving over city streets until payment of the fee is made; and O. The proposed refuse vehicle impact fee has been noticed consistent with California Government Code Section 66018 and a hearing was held on the matter on June 25, 2007. (Ord. 1818 § 1, 2007) 8.08.901 Fees. A. An annual refuse vehicle impact fee of$838,000 shall be assessed to the city's franchised solid waste collection services provider and remitted to the city on a monthly basis. The fee may be amended from time to time by resolution of the city council. B. Character of Fee. The city council has determined that the fee is related to the cost of repairs provided and shall not exceed the estimated reasonable costs of the repair. This fee is not imposed as an incident of property ownership within the meaning of Proposition 218, California Constitution, Article XIIID, Section 6. C. Collection. Each owner and occupant of the city receiving waste collection services from the franchisee shall be billed by the franchisee a fee for refuse vehicle impact in accordance with the rates established by the city council. The fee shall be collected by the franchisee as part of the solid waste collection fee, in conformance with LMC 8.08.130. (Ord. 1818 § 1, 2007) City Council Members Work Session Follow-up: Trash Services Study Update September 25, 2008 Page 8 8.08.902 Transfer, deposit, use and accounting of fees. A. Transfer. The franchisee shall convey the refuse vehicle impact fee to the city in accordance with the franchise agreement on a monthly basis. B. Deposit. When conveyed to the city, the fees shall be kept in a separate line item account together with any interest earned. C. Use of Fee. The fees shall be used only to defray the costs of street repair associated with refuse vehicular impact. (Ord. 1818 § 1, 2007) Tras ervices Stud December 9 , 2008 Ann Turnquist , Policy and Project Manager F�t\ oll ns Trash Services S dy Project Statu • January 8 Work Session—Council direction on goals • July 8 Work Session—Reviewed Trash Services Study • September 23 Work Session— Narrowed Options • December 9 — Direction re : Options F�t_ [tins Origi " In what ways can the City reduce the impacts of trash collection services in Fort Collins , addressing issues of the cost of street wear, air quality , neighborhood aesthetics , noise , and other neighborhood impacts? "Are there ways that the City might also improve diversion rates for recyclables ?" [ins Basic Proposal : Additional Hauler Requirements Recycling Requirements; Truck Impact Requirements; Improved Oversight " Basic Plus " : Market Options Option A: Option B : Option C . Open Competition Districted Trash Single Hauler, (Status Quo) Service, Multiple Exclusive Contract Haulers thru for Service thru Competitive Bidding I Competitive Bidding Basic Proposal : Highlights • Change the " Pay as You Throw" trash rates to encourage more recycling • More Curbside Yard Waste Collection • Larger, Single -stream Recycling Carts • Ban Cardboard from Trash • Other ( Recycling Education Partnership , Monthly Recycling Program fee per Account, Additional Reporting Requirements ) Pay-as -you -Throw Ordinance Total = $z2.so Pay as you Throw Trash Pricing With Additional Units at 125 % Third Unit (95 gallon total) Adjusts the PAYT Formula Second Unit (65 gallon total) Base rate + First 33 gallon unit 1 F�tf� Yard Waste • Require residential haulers to offer yard waste collection services • Material composted • April to October • Same price as equal volume as trash * r City of F6rt Collins Large , Single Stream Recycling Containers • Haulers must offer 65 or 95 gallon recycling containers • Can charge for equipment • Consider moving to bi -weekly collection • Allow opt-out for customers _ __ Ban Cardboard from Waste Stream Prohibit the residential • commercial customersof trash hauling companies from placing corrugated cardboard (OCC ) in the trash bin All customers choose to either use hauler for recycling of OCC or self- haul City of - - - - - _- - EW 9 - Other Options • Education Partnership • fee per Account 9 Additional Reporting Requirements 9 Truck Requirements jjjjjj,,.IF.=6rftoI[[ins 10 5 Market Options ➢ Current Open Competitive Market ➢ Districted Trash Service ➢ Single Hauler Exclusive Contract INININI&FtCollins A : Current Open Competitive Market • Customer Choice • Open Competition • Encourage additional neighborhoods to begin group contracts F�t_f B . Districted Trash Service • Two or more Trash Hauling districts • City issues RFP for service to districts • City contracts with haulers • Contract for term of 5 years • Can include any new requirements from Basic Proposal [tins C . Single Hauler Exclusive Contract • One Trash Hauler providing all residential trash service • City issues RFP for service to city • City contracts with haulers • Can include any new requirements from Basic Proposal • Contract for term of 5 years F�t_ [tins Questions for Council 1 . Which , if any , of the 12 proposed regulatory changes in the " Basic Proposal " does City Council wish to pursue ? 2 . Which of the three Market Options does City Council wish to pursue : Current Open Competitive Market Districted Trash Service Single Hauler Exclusive Contract? [tins