To establish refuse collection fees and charges of the unincorporated franchise collection areas within Merced County.
(Ord. 1759, 2005; Ord. 1790 § 2, 2006; Ord. 1832 § 2, 2007; Ord. 1853 § 2, 2009; Ord. 1872 § 2, 2010; Ord. 1882 § 2, 2011; Ord. 1892 § 2, 2012; Ord. 1902 § 2, 2012; Ord. 1914 § 2, 2013; Ord. 1926 § 2, 2015; Ord. 1940 § 2, 2015; Ord. 1946 § 2, 2016; Ord. 1957 § 2, 2018; Ord. 1987 § 2, 2020)
The charge to customers in each franchise area for refuse disposal service, other than for exempt refuse, shall not exceed the rates and applicable factors contained herein. The actual service cost shall be determined by applying the rate factors contained herein to the base rates indicated below.
In areas eligible for the low-population waiver pursuant to 14 CCR Section 18984.12(a)(2), the rates shall not exceed the following:
Monthly Rates
Area 1
Area 2
Area 3
Area 4
Area 5
Area 6
Area 7
Area 8
Base Can
$37.18
$37.18
$37.18
$37.18
$37.18
$23.56
$23.56
N/A
Recyclable Container
$8.07
$8.07
$8.07
$8.07
$8.07
N/A
N/A
N/A
Green Waste Container
$9.88
$9.88
$9.88
$9.88
$9.88
N/A
N/A
N/A
Base Bin
$80.04
$75.26
$72.44
$80.04
$82.62
$75.53
$75.53
N/A
In areas not eligible for the low-population waiver pursuant to 14 CCR Section 18984.12(a)(2), the rates shall not exceed the following:
Monthly Rates
Area 1
Area 2
Area 3
Area 4
Area 5
Area 6
Area 7
Area 8
Bundled Rate - Base Can
$55.13
$55.13
$55.13
$55.13
$55.13
$39.98
$39.98
$58.00
Base Bin
$80.04
$75.26
$72.44
$80.04
$82.62
$100.51
$100.51
$110.00
This section shall become operative on July 1, 2025, and will supersede the version of Section 5.90.020 in effect at that time.
(Ord. 1759, 2005; Ord. 1790 § 2, 2006; Ord. 1832 § 2, 2007; Ord. 1853 § 2, 2009; Ord. 1872 § 2, 2010; Ord. 1882 § 2, 2011; Ord. 1892 § 2, 2012; Ord. 1902 § 2, 2012; Ord. 1914 § 2, 2013; Ord. 1926 § 2, 2015; Ord. 1940 § 2, 2015; Ord. 1946 § 2, 2016; Ord. 1957 § 2, 2018; Ord. 1987 § 2, 2020; Ord. 2001 § 2, 2021; Ord. 2016 § 2, 2022; Ord. 2027 § 2, 2023; Ord. 2038, 4/23/2024; Ord. 2045, 1/28/2025; Ord. 2047, 1/28/2025)
A. 
To be applied against base can monthly rate:
Franchise Service Areas 1 through 5
Roadside Service
Backyard Service
1 64-gallon automated cart
1.0
1.7
2 64-gallon automated carts
2.2
3.2
3 64-gallon automated carts*
4.0
5.0
1 96-gallon automated cart
1.7
2.8
2 96-gallon automated carts
2.9
3.9
Notes:
*
For any service having over three carts, add 1.8 for each additional cart.
Franchise Service Areas 6 and 7
Roadside Service
Backyard Service
2 cans* (or less)
0.7
1.2
3 cans (or one automated container)
1.0
1.7
4 cans
1.3
2.2
5 cans
1.7
2.8
6 cans** (or two automated containers)
2.2
3.7
1 90-gallon automated cart
1.0
1.7
2 90-gallon automated carts
2.2
3.7
Notes:
*
For existing two can customers only; no new two can service will be started.
**
For any service having over six cans, add 0.6 to the rate factor for each additional can.
B. 
Increased Frequency of Collection. These rates shall apply to once a week service. For increased frequency of collections service, multiply the rate factor by the total number of collections per week. For example, four can roadside service collected three times a week becomes 1.3 x 3 = 3.9.
C. 
Backyard Service for Cans and Automated Carts (Pack Out). The rate factors for backyard service are limited to distances not exceeding 100 feet from the property line nearest a paved public road. On backyard service in excess of 100 feet, the rate will be set by the director of public works on a case-by-case basis.
D. 
This section shall become inoperative on July 1, 2025.
(Ord. 1759, 2005; Ord. 1790 § 2, 2006; Ord. 1832 § 2, 2007; Ord. 1853 § 2, 2009; Ord. 1872 § 2, 2010; Ord. 1882 § 2, 2011; Ord. 1892 § 2, 2012; Ord. 1902 § 2, 2012; Ord. 1914 § 2, 2013; Ord. 1926 § 2, 2015; Ord. 1940 § 2, 2015; Ord. 1946 § 2, 2016; Ord. 1957 § 2, 2018; Ord. 1987 § 2, 2020; Ord. 2047, 1/28/2025)
To be applied against base bin monthly rate:
Size of Bin (Yd.)
Number of Collections Per Week
1
2
3
4
5
6
1
3.9
5.8
7.9
9.9
11.6
13.1
1-1/2
4.5
7.4
9.9
12.9
15.2
17.3
2
5.2
8.9
11.9
15.8
18.8
21.5
3
6.9
12.4
17.2
22.6
27.0
30.7
4
8.9
16.2
22.7
29.5
35.3
40.4
5
10.9
19.9
28.2
36.4
43.7
N/A
6
12.9
23.7
33.7
43.3
52.0
59.7
This section shall become inoperative on July 1, 2025.
(Ord. 1759, 2005; Ord. 1790 § 2, 2006; Ord. 1832 § 2, 2007; Ord. 1853 § 2, 2009; Ord. 1872 § 2, 2010; Ord. 1882 § 2, 2011; Ord. 1892 § 2, 2012; Ord. 1902 § 2, 2012; Ord. 1914 § 2, 2013; Ord. 1926 § 2, 2015; Ord. 1940 § 2, 2015; Ord. 1946 § 2, 2016; Ord. 1957 § 2, 2018; Ord. 1987 § 2, 2020; Ord. 2047, 1/28/2025)
To be applied against base bin monthly rates:
Size of Bin (Yd.)
Number of Collections Per Week
1
2
3
4
5
6
1
5.4
8.8
12.0
15.4
18.2
20.8
2
7.6
13.8
18.6
25.2
30.2
34.8
3
10.4
19.6
28.2
36.4
43.6
50.2
4
13.6
25.8
37.2
47.8
57.4
66.2
5
16.6
32.0
46.0
59.2
71.2
82.2
6
19.8
38.0
55.0
70.8
85.2
98.2
This section shall become inoperative on July 1, 2025.
(Ord. 1759, 2005; Ord. 1790 § 2, 2006; Ord. 1832 § 2, 2007; Ord. 1853 § 2, 2009; Ord. 1872 § 2, 2010; Ord. 1882 § 2, 2011; Ord. 1892 § 2, 2012; Ord. 1902 § 2, 2012; Ord. 1914 § 2, 2013; Ord. 1926 § 2, 2015; Ord. 1940 § 2, 2015; Ord. 1946 § 2, 2016; Ord. 1957 § 2, 2018; Ord. 1987 § 2, 2020; Ord. 2047, 1/28/2025)
A. 
A 10% discount shall be given to all eligible senior citizens and handicapped households. To qualify as a senior citizen, the head of the household or spouse must be 60 years or older. To qualify as a handicapped household, the head of the household must be afflicted with one of the following disabilities, supported by recognition from a legal source, such as a medical doctor, federal, state or local agency, or organization for the treatment of the disability. The disabilities listed are not meant to be exclusive and other disabilities may be considered on a case-by-case basis by the director of public works. However, they must be so severe as to cause restrictions to walking, carrying, lifting, or strenuous activity.
B. 
Disabilities.
1. 
Arthritis.
2. 
Blindness and visual impairment.
3. 
Cardiovascular disease.
4. 
Developmental disabilities, i.e., cerebral palsy, epilepsy, or mental retardation.
5. 
Neurological disabilities, i.e., stroke, meningitis, or encephalitis.
6. 
Orthopedic disabilities, such as loss of limbs or fusion of joints.
7. 
Renal failure.
8. 
Spinal cord conditions, i.e., paraplegics and quadriplegics.
(Ord. 1759, 2005; Ord. 1790 § 2, 2006; Ord. 1832 § 2, 2007; Ord. 1853 § 2, 2009; Ord. 1872 § 2, 2010; Ord. 1882 § 2, 2011; Ord. 1892 § 2, 2012; Ord. 1902 § 2, 2012; Ord. 1914 § 2, 2013; Ord. 1926 § 2, 2015; Ord. 1940 § 2, 2015; Ord. 1946 § 2, 2016; Ord. 1957 § 2, 2018; Ord. 1987 § 2, 2020)
A. 
Additional Fees. Other services are subject to special charges listed in the approved franchise agreements between the county and the applicable franchisees. These special charges are subject to all board approved CPI adjustments to franchise collection rates, fees, and charges. Effective July 1, 2025, said special charges shall be subject to adjustment in accordance with Section 5.90.090.
B. 
Additional Services. Charges for services not specifically addressed in the approved franchise agreements will be negotiated between the franchisee and the customer requesting the additional service. In such cases where the customer is unsatisfied with the proposed charge for the additional services, the director and franchisee will meet and confer regarding the proposed service charge. The director's determination will be final and binding upon all parties concerned.
(Ord. 1759, 2005; Ord. 1790 § 2, 2006; Ord. 1832 § 2, 2007; Ord. 1853 § 2, 2009; Ord. 1872 § 2, 2010; Ord. 1882 § 2, 2011; Ord. 1892 § 2, 2012; Ord. 1902 § 2, 2012; Ord. 1914 § 2, 2013; Ord. 1926 § 2, 2015; Ord. 1940 § 2, 2015; Ord. 1946 § 2, 2016; Ord. 1957 § 2, 2018; Ord. 1987 § 2, 2020; Ord. 2001 § 3, 2021; Ord. 2016 § 3, 2022; Ord. 2027 § 3, 2023; Ord. 2038, 4/23/2024; Ord. 2045, 1/28/2025)
If any provision of this chapter is held to be unconstitutional, preempted by federal law, or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the chapter shall not be invalidated.
(Ord. 1957 § 2, 2018; Ord. 1987 § 2, 2020)
A. 
Application Process. Beginning with Rate Period Two (2) (July 1, 2026, to June 30, 2027) and for all subsequent rate periods, franchisee or county may request an annual adjustment (increase or decrease) to the maximum rates shown in this chapter. The rates shown in Section 5.90.020, adjusted annually pursuant to the formula in this section, represent the maximum permissible rates that franchisees may charge. No such adjustment pursuant to said formula shall be considered a rate increase. The adjustment request and supporting documentation shall be submitted to the county on or before March 1st of each year for review of accuracy of the supporting annual adjustment data. Such requests shall not be unreasonably denied by the county. Failure to submit a written request by March 1st shall result in franchisee waiving the right to request such an annual adjustment for the rate period.
Verification of the accuracy of the rate adjustment application shall be performed by the department of public works. Franchisee shall submit the rate adjustment application based on the current tipping fee at the approved facility. Prior to the franchisee's application submittal or during the department's verification, county may provide an anticipated modification to the tipping fee at the approved facility based on county's best available knowledge. County shall use best and reasonable efforts to determine whether the approved facility is anticipating a modification to the tipping fee. Should the county provide the anticipated tipping fee or should the approved facility's tipping fee become public knowledge prior to the franchisee's 60 day noticing to customers, then the franchisee may resubmit its rate adjustment application to reflect the tipping fee that is set to commence July 1 of the rate year for which the adjustment is being requested.
If an adjustment results in a rate decrease, then the county may maintain the current rates and rollover the rate decrease to the next rate adjustment; the intent is to ensure subsequent rate increases shall be offset with any decrease not previously implemented.
B. 
Rate Adjustment Calculation. The approved rates consist of the following cost components followed by the initial weightings of each component. Each cost component may be adjusted by the change in corresponding index as provided below. The approved franchisee compensation shall be based on three components:
1. 
Service Component. The service component of the rates and is adjusted based on the percentage change in the average annual published Consumer Price Index, series CUUR0000SEHG02, garbage and trash collection in U.S. city average, all urban consumers, not seasonally adjusted (or comparable successor index) compiled and published by the U.S. Department of Labor, Bureau of Labor Statistics ("CPI"), by calculating the percentage change in average CPI for the 12 month period ending in the immediately preceding December to the average CPI for the 12 month period ending the previous December. If a successor index has not been published, the county and the franchisee will meet and confer on determining a successor index. In the event that the parties cannot agree on a successor index, then the county may select a reasonable alternative index.
2. 
Disposal Component. The disposal component of the rates and is adjusted based on the percentage change in the gate rate at the approved disposal facility. For example, for the first rate increase effective July 1, 2026, the change in the maximum gate rate shall be measured as the percentage change from the gate rate as of July 1, 2025, to the gate rate as of July 1, 2026.
3. 
Organic Materials Processing Component. The organic materials processing component of the rates and is adjusted based on the percentage change in the gate rate at the approved organic materials processing facility. For example, for the first rate increase effective July 1, 2026, the change in the maximum gate rate shall be measured as the percentage change from the gate rate as of July 1, 2025, to the gate rate as of July 1, 2026.
C. 
Component Weightings. Cost components for rate period One are contained in the approved franchise agreements between the county and the franchisees.
D. 
Rate Adjustment Steps.
1. 
Step One - Calculate the percentage increase or decrease in service, disposal, and organic materials processing component indices.
2. 
Step Two - The first rate adjustment cost components as a percentage of total costs are contained in the approved franchise agreements, with the percentage weighting for subsequent adjustments calculated in Step Four of the rate adjustment. For Step Two of each subsequent rate adjustment, use the cost components recalculated in Step Four during the previous rate adjustment.
Multiply the percentage changes for each rate adjustment component calculated in Step One by that component's weighting and add these resulting percentages together to get the total weighted change to the rates.
3. 
Step Three - Multiply the total weighted percent change from Step Two by the existing maximum rates to determine the increase or decrease in maximum rates. Then add (subtract) the changes in rates to (from) the existing maximum rates to determine the new maximum rates.
4. 
Step Four - Recalculate weightings for the following year based on these changes.
E. 
Operative Date. This section shall become operative on July 1, 2025.
(Ord. 2047, 1/28/2025)