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File #: 22-028   
Type: Report Status: Passed
File created: 1/5/2022 In control: Town Council
On agenda: 1/11/2022 Final action: 1/11/2022
Title: Consider approval of proposed maximum rates collected by Marin Sanitary Service for solid waste, recycling and organic waste services.
Attachments: 1. Staff Report, 2. MSS Rates Staff Report from December 14, 2021, 3. Resolution Approving MSS Rates for 2022, 4. 2022 MSS Rate Application, 5. 2022 MSS Rate Review Report, 6. Memo from R3 providing background and analysis of the MSS PPP forgiveness
FROM
David P. Donery, Town Manager
RECOMMENDATION
1) Conduct a public hearing to consider the proposed Marin Sanitary Service (MSS) collection rates.
2) Adopt the attached Resolution establishing maximum rates collected by Marin Sanitary Service for solid waste, recycling, and organic waste services, to be effective January 1, 2022 (Attachment 1).

BACKGROUND

Each year, the Town Council holds a public hearing to set the maximum collection rates that can be charged by MSS in the Town of San Anselmo. These rates are based on a specific methodology contained in the Franchise Agreement with MSS. This methodology was changed in 2019 when the Council adopted the Amended and Restated Franchise Agreement with MSS.

The rate-setting methodology requires a detailed analysis, which was conducted by R3 Consulting Group. (Attachment 4). Based on R3's review, the proposed increase in 2022 for San Anselmo customers is 2.88%. In 2021, the rate was increased by 3.95%

DISCUSSION AND ANALYSIS

At the December 14, 2021 Town Council meeting, the Town Conducted a public hearing to consider the proposed Marin Sanitary Service (MSS) collection rates. At that meeting, Councilmember Greene questioned the use of Federal Paycheck Protection Program (PPP) funds in the rate calculations for 2022.

Garth Schultz from R3 Consulting prepared the attached memo (Attachment 5) and Town staff and Mr. Schultz met with Councilmember Greene and discussed his concerns. The memo provides background and analysis of MSS's PPP loan forgiveness. The memo explains how the PPP funds are being used within MSS.

As stated in the memo, collection services provided under the MSS agreements are funded by solid waste rates paid by ratepayers, which are heard and approved annually by the franchising public agencies. Annual adjustments to rates considered by the agencies take into account either a) projections of compensation due to MSS via an "indexed rate adjustment" methodology, or b) projections of MSS's fore...

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