Title
Adoption of Resolution Amending the Fiscal Year 2023-24 General Fund Budget to Appropriate $72,500 from General Fund Residual Fund Balance to Conduct a Franchise Fee Cost Review for Collection, Transportation and Processing of Municipal Solid Waste, Recycling, and Organic Materials. (Public Works 26241500)
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager
EXECUTIVE SUMMARY
On May 18, 2021, City Council approved a 12-year Franchise Agreement (Agreement) with Alameda County Industries (ACI) for the collection, transportation, and processing of the City’s municipal solid waste, recycling, and organic materials. The Agreement, which became effective July 1, 2021, includes various fees, including franchise fees, paid to the City of Alameda (City) annually. Based on potential changes to franchise fee setting policy at the state and local level, staff recommends a franchise fee cost review be conducted with development of a new franchise fee cost model. A budget amendment is required to execute this work now to align with the timing of the annual fee adjustment process.
BACKGROUND
On May 18, 2021, City Council approved a 12-year Franchise Agreement with ACI for the collection, transportation, and processing of the City’s municipal solid waste, recycling, and organic materials. The Agreement, which became effective July 1, 2021, includes various fees, including franchise fees, paid to the City annually.
Under the Agreement, ACI collects and remits a Franchise Fee, Waste Management Recycling and Program Fee, Infrastructure Impacts Mitigation Fee, Doolittle Landfill Maintenance Fee, and City Parks Fee to the City. Franchise Fees are calculated as 10% of ACI’s gross rate revenue. The Agreement with ACI includes an annual adjustment method and allows the City to set other fees as the City deems necessary. Franchise fees will be adjusted annually for CPI. The fee adjustment process begins in spring of the calendar year per the parameters prescribed in the Agreement.
DISCUSSION
Based on potential changes to franchise fee setting policy at the state and local level, staff is now proposing moving forward with a franchise fee cost review and development of an updated franchise fee cost model. A budget amendment is required to execute this work now to align with the timing of the annual fee adjustment process.
Franchise fees are received as revenue to the General Fund. In Fiscal Year (FY) 2023-24, franchise fees will result in an estimated $2,100,000 in General Fund revenue. Public Works staff in consultation with City Attorney and Finance are recommending a budget amendment to fund this work from General Fund residual fund balance.
ALTERNATIVES
• Approve the resolution amending the General Fund budget to complete the franchise fee cost review
• Provide alternative direction to staff for the timing and funding of this work.
• Do not approve the resolution and do not move forward with a cost review of the franchise fees.
FINANCIAL IMPACT
This work was not contemplated as part of the FY 2023-25 Biennial Budget process. Should City Council approve moving forward with the fee review, there is a need for City Council to adopt a resolution amending the FY 2023-24 General Fund Operating budget, authorizing a one-time appropriation of $72,500 in General Fund residual fund balance. The unaudited residual General Fund fund balance for the FY ending June 30, 2023 is $34.28 million. Since adoption of the FY 2023-24 General Fund budget, City Council has authorized additional appropriations totaling approximately $2.33 million, reducing the estimated the residual fund balance to $32.08 million.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
Alameda Municipal Code Section 21, Solid Waste and Recycling.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” as defined in California Environmental Quality Act (CEQA) Guidelines Section 15378 and therefore no further CEQA analysis is required.
CLIMATE IMPACT
While there is no direct climate impact from conducting this review, the Agreement is an important tool in meeting the goals of the Climate Action and Resiliency Plan (2019) and Zero Waste Implementation Plan Update (2018). The increased recycling and composting of materials in lieu of landfilling helps reduce harmful greenhouse gas and methane emissions. The franchise is also a very important tool for compliance with state law and regulation.
RECOMMENDATION
Adopt a resolution amending the FY 2023-24 General Fund Budget to appropriate $72,500 from General Fund Residual fund balance to conduct a franchise fee cost review for collection, transportation and processing of municipal solid waste, recycling, and organic materials.
Respectfully submitted,
Erin Smith, Public Works Director
By,
Liz Acord, Public Works Coordinator
Financial Impact section reviewed,
Margaret O’Brien, Finance Director