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HomeMy WebLinkAboutItem 8.2 Garbage Svc & Proposed Rate Increase CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 10, 1990 SUBJECT: Garbage Service and Proposed Rate Increase Pol(Prepared by: Paul S. Rankin, Assistant City Manager EXHIBITS ATTACHED: Exhibit 1 : Joint Refuse Rate Review Committee Review of Oakland Scavenger Company's 1991 Rate Application Exhibit 2: Historical Comparison of Garbage Rates 1986-1990 Exhibit 3: Alternative Refuse Rate Structures Exhibit 4: Proposed Options for 1991 Residential Garbage Rate Adjustment Exhibit 5: Proposed Commercial Garbage Rate Adjustment Exhibit 6: Agreement to Submit A Joint Application for Non-Discretionary Household Hazardous Waste Grants RECOMMENDATION':°" ' " 1 :" "` "Rece'ive'`"and -review Report-`On' 1991' 'Scavenger Rate Application and -set a public: ``° hearing for January 14, 1991 to consider an increase in the garbage rates. 2. Review current residential garbage service levels and options for changes. Provide Staff with direction to negotiate any desired changes. 3. Receive report on Alternative Rate Structures and provide Staff with direction on the application of the 1991 rate increase to different levels of garbage service. 4. Review status of current Household Hazardous Waste Collection surcharge and provide Staff with direction on the use of surcharge funds once current obligations are met. Possible uses include: a) offset recycling program costs; b) to reduce the impact of future rate increases; c) use towards special clean-ups for residential customers. 5. Ratify the agreement for a Joint Application for HHW Grant Funds. FINANCIAL STATEMENT: If the current level of service is maintained, a 30% increase in garbage rates is required. Options are presented for spreading this cost over the different service levels. DESCRIPTION: Joint Refuse Rate Review Committee (JRRRC) The City of Dublin is a member of the JRRRC. This Committee was formed through a Joint Powers Agreement to provide rate review assistance to agencies serviced by Oakland Scavenger Company (OSC) . The joint effort allows the agencies to review rate applications in a cost effective manner. OSC is the company which holds the franchise for the City of Dublin. This company is owned by Waste Management Inc. (WMI) , which is a large international firm providing a range of services. Our local service is ---------------------------------------------------------------------- COPIES TO: Dave McDonald, OSC Mary Evans, LDD Controller Dan Borgess, LDD General Manager ITEM NO. 9. provided by Livermore-Dublin Disposal (LDD) which is operated as a division within the OSC structure. The City has a separate agreement with LDD to provide the curbside recycling program, which is not included as part of this rate review process. The JRRRC has utilized the services of a specialized accounting consultant (Hilton, Frankopf & Hobson) to review the OSC rate application. The Company provided a rate application covering the years 1991 through 1993. The estimated projections for the later years may require additional adjustment as time progresses. The Consultant reviewed both expenses and revenues to determine whether the rate increase is accurate (Exhibit 1 ) . The scope of their review is outlined on page 3 of the Consultant's report. For purposes of recommending a rate adjustment, the total operations of OSC are reviewed as a single company. Based on a review and discussion of the Consultant's findings, the JRRRC makes a recommendation of the increase to be implemented. This is then presented to each City Council for their action. The City's franchise agreement includes provisions for OSC to request an adjustment to its rates. The collection rates must be authorized by the City Council. Section 3.1 includes the following provisions: ". . .The Collection Rates shall be no less than the Company's fully allocated costs of providing collection . and.. disposal services and facilities required by this agreement, plus-: .a reasonable return on investment. " The agreement also specifically ref erences•••_the.-igRRRC--and,: -the jointly review rate applications. Cost'Estimates Presented Bv- OSC The JRRRC has found that operational costs experienced by OSC have increased at a significant rate. The projected costs have also exceeded the estimates made previously as part of the rate review process in 1989. The following shows how the Company's estimated expenses have changed: Estimated. Expenses Estimated Expenses 1990 1991 1989 Projection $82.9 million $89.1 million 1990 Projection $85.4 million $103.8 million % Change Projections (1990 vs. 1989) +3% +16.5% The major cost factors are outlined beginning on page 4 of the Consultant's Report. These projections are as presented in the Company's rate application and prior to any adjustments. The following summarizes the primary areas of increased costs impacting the amount OSC has requested in this rate application: Lawsuit: OSC's settlement of a civil rights lawsuit included a payment of $8 million. The Company requested reimbursement for this expense in 1991 . The JRRRC did not concur with this request and the Consultant was directed to adjust the Company's estimated expenses accordingly. The JRRRC based its decision on input from specialized legal counsel. The Company may be submitting additional information on defense costs which would be considered in a future rate application. Dumping Fees: The disposal costs have increased due to additional tipping fees levied by State and Regional agencies. In addition, the Company is experiencing added costs to prepare landfill areas for closure in accordance with environmental laws and regulations. The individual components impacting these costs are discussed more fully on page 5 of the report. Earthquake Costs: Some of the Company's facilities were damaged in the 1989 Loma Prieta earthquake. This forced OSC to relocate certain -2- facilities to temporary quarters. The Company has also experienced higher truck maintenance costs for repairs which must be performed off-site. Collection Wages & Salaries: This category actually contributed towards a reduction in the estimated expenses. The Company has reduced crew sizes and negotiated rate increases below what had been projected. in the 1989 JRRRC review. Adiustments Based on input from the JRRRC members and the Consultant's review of OSC records, several adjustments were made to the estimated revenue required by the Company. These adjustments are outlined on page 7 of the report. The following figures summarize the impact of these adjustments: ($0001s) OSC Adjusted Revenue Requirement 85,582 103,929 Consultant's Adjusted Revenue Requirement 84,336 92,820 Approximately 72% of the net adjustments made by the Consultant were attributable to the disallowance of the lawsuit settlement cost discussed above. JRRRC Policy Issues The -Consultant's. report .(beginning: at page.: 8) - identifies-five`=.policy ,areas which were discussed by .the Rate .Review Committee. .. The most significant in terms of, impact on rates : .s: the.:=lawsuit:, settlement•^which";.°has :al ready .°been! discussed. -However, two °areas, will potentially ;need- to. be --considered , -in future rate applications. The Company included a request for $655, 000 in costs associated with the expansion of Durham Road Landfill. The JRRRC requested that the Consultant delete this amount from the revenue requirement. The Committee took this action based upon the preliminary nature of the cost figures. It is also not certain when the new area would be placed into service. The Committee recommended that the expansion cost be reimbursed only after the expansion is complete and waste is being disposed of in the new area. Typically, these costs would be amortized over the life of the new landfill area. The second area which will require further review is the issue of Landfill Closure and Post-closure costs. This was the first year that OSC has requested these costs in their rate application. The estimated expenses were prepared by OSC engineers and spread over the remaining life of the landfills. The OSC proposal included costs associated with both the Durham Road facility and the current fill area at the Altamont facility. The costs presented were also only those attributable to franchised operations. For example, if 50% of the garbage disposed of in the Altamont is from franchised services provided by agencies participating in the JRRRC, the Company is only requesting that 50% of the costs paid by the ratepayers. The Company did not provide detailed information on the proposed improvements. The recommendation of the Consultant was to eliminate these costs from the current rate application. Due to the technical nature of the improvements, it has been recommended that the JRRRC have an independent engineering firm provide a detailed response on the proposed improvements. The purpose would be to verify that the extent of the work is reasonable and necessary, prior to any reimbursement by the ratepayers. The issue may also require additional legal analysis of the obligation of the ratepayers to pay closure and post-closure costs. A large portion of these costs are associated with improvements required by agencies such as the Environmental Protection Agency (EPA) and the Regional Water Quality Control Board. Staff would need to present additional information at a later date on the cost of the independent review proposed by the JRRRC. -3- Rate Adjustment Required for Company Operations OSC's presentation to the JRRRC requested a 16% increase for 1991 followed by 11-12% increases in the two years following. The Company recognized that the 1991 proposed increase would not be sufficient to fully compensate the company for its expenses incurred by the end of 1991 . The JRRRC typically reviews rate applications based on a multi-year period. For example, prior to 1990 there had not been a rate increase because the Company expenses were being covered by excess revenues collected in prior years and growth in the customer base. In the case of an operating deficit, the Company anticipates that future rate adjustments will recover the costs. As presented on page 4 of the Consultant's report, the analysis indicates that total revenue for 1990 will be $10.5 million less than the amount required. If no rate adjustment is provided in 1991 , it is estimated that the Company's expenses would exceed revenue by a cumulative amount of $21 .5 million. The implementation of a 16% rate increase is projected to generate an additional $13.1 million in revenue. This reduces the unfunded expenses to $8.4 million. This deficit is also impacted by potential changes, to the agencies serviced by OSC. The. Southern'Division (Fremont, Newark'• -and•, Union4.,C-ity) have,,­extended-the ir OSC franchise agreements to January 15, 1992. _'It is possible that these . '"'.agencies :k•could decide to franchise ° services :,with,:°another.,company.-. �:,,,S;taf;f.r,. , �, representatives from, - the affected agencies•-c,indicated- a.r-,-willingness,•.„_to~-_,.^°°Y• negotiate an agreement with the JRRRC to repay an undetermined share of the deficit in the event that they are not serviced by OSC in 1992. The Consultant did calculate the increase required to fully compensate the Company for their costs at the end of 1991 . This would require an increase of 28% over the current rates. The tipping fee increases discussed below would need to be added to this figure. The details of the calculation are shown on page 13 of the Report. Impact of Tipping Fee Costs In the November General Election, the voters of Alameda County approved Measure D, a County Charter Amendment. This measure increased the tipping fee at all landfills in Alameda County by $6.00 per ton. The purpose of the fee is to provide for specified recycling programs. The Consultant has calculated the additional cost of this fee to be approximately equal to a 13 percent increase. The JRRRC has recommended that this increase be implemented to assure that revenues are available to cover this expense. The second area impacted by tipping fee charges is the anticipated increase in the fee levied by the Alameda County Waste Management Authority. Effective July 1 , 1990, the Authority increased the fee levied to 54.6 cents per ton. In Fiscal Year 1985-86, the fee levied by the Authority was only 5 cents per ton. The 1990-91 increase funded expanded Authority budget activities, including the preparation of baseline data required for AB939 plans. The Authority has indicated a willingness to also fund local plans through a joint effort. The JRRRC estimated that the Authority would raise the tipping fee to $1 .00 effective January 1 , 1991 . This is only an estimate, and a formal indication has not been received from the Authority. The Consultant estimated that an increase to $1 .00 would correlate approximately to a 1% increase in rates. In order to avoid underfunding the Company in 1991 , the JRRRC included this adjustment in their recommendation. -4- Cumulative Impact of Rate Adjustments Recommended by JRRRC In order to address the impact of the tipping fees and the OSC's operating expenses, the JRRRC has recommended a 30% rate increase. As described in the sections above, this increase is impacted by the following components: Garbage Co. Increased Expenses 16% Measure D - County Recycling 13% Alameda County Waste Management Authority 1% Total 30% As noted previously, this increase will not allow the Company to fully recover their expenses by the end of 1991 . In addition, any additional regulatory costs which are the responsibility of the rate payer will impact future rates. The final recommendations of the JRRRC are identified on page 16 of the Consultant's report. Staff recommends that the City Council set a Public Hearing for January 14, 1991 to consider increasing the current garbage rates. Breakdown of Regulatory Fees The. Consultant has supplied: a breakdown of regulatory fees paid for -di•sposal, in. Alameda, County._�.(Page : 1.4._. Exhibit. 7)... . The...report-....analyzed,•.the , total - fees--on a .company-wide bas-is.­- Thet, total --estimated.- fee's prior-­.to any increase initiated by the Waste.. Management Authority is $9.961 per ton. This �includes' the=• .$6..00 ,.per.;�ton•.°Measure':D fee. .--It .. should:- be ..noted:.:that' . :'this accounts for approximately.1.5% •of the total average customer- this County fee is increased to $1 .00 per ton, the regulatory fees will account for an estimated 15. 6% of the average customer bill. In addition to the fees previously discussed, the State has increased fees levied. AB939 included a fee of 75 cents per ton on July 1 , 1990, and increasing to $1 .00 per ton on July 1 , 1991 . Also, Alameda County has implemented a $1 .32 per ton fee to develop a Household Hazardous Waste Program. The program includes the development of permanent collection sites and it is to operated by the Alameda County Health Care Agency. This increase was implemented October 1 , 1990. In their initial proposal, the County indicated a program start-up date of July 1 , 1991 . The changes in regulatory fees have made it difficult to accurately project OSC expenses from year to year. This is especially true when one considers the impact of changes made mid-year. Staff has indicated to the Waste Management Authority Executive Director a need to forecast long term tipping fee changes. Although the same control cannot be exerted over State fees imposed, it is important that the city work with local agencies whenever possible. The JRRRC has also recommended that OSC identify the approximate portion of the customer's bill associated with regulatory fees. This is viewed as an important part of an educational process. The JRRRC believes that the consumer must be informed that a substantial portion of the customer bill is not within the control of the City or the Garbage Company provider. Current Dublin Garbage Service The current residential service provided by Livermore Dublin Disposal is considered "backyard" service. Customers do not need to place their garbage can at the curb. However, the cans must be accessible to the collector. Included in the residential garbage rates are two special residential pick-ups. These allow the customer to place large accumulations at the curb on specified Saturdays. The City offers two additional clean-ups which are paid for from a special fund. This fund represents excess revenues generated by OSC during a period prior to the City's assumption of the franchise agreement. The funds are accounted for separately and interest is accrued to the remaining balance. The cost of -5- these special clean-ups is currently $8,400 and it is anticipated that this fund will be depleted by the end of 1991 . The City has a separate agreement with LDD for the provision of the Residential curbside recycling program. This service is not included in the franchise and the Company has assumed all market risk. Increases in the cost of this program are linked to changes in the consumer price index. The Contractor is also required in the agreement to coordinate increases with changes in the regular garbage rate. Since this program has only been in place for a few months, no increase is being considered at this time. The final component of the local garbage service is a surcharge for the Household Hazardous Waste Collection conducted May 5, 1990. This surcharge is discussed in more detail in a later section of this report. A summary of all current costs for residential service is shown below: Monthly Charges Garbage Collection/Disposal - First Can $ 5.70 Surcharge for Recycling 1 .25 Surcharge for HHW .20 Subtotal $ 7.15 Cost for Each Additional Can $ 3.95 The.... .Dublin:: Residential,�.:...Customer;;as-base:::.Sis,.: currently,, comprised of,; 4.;.9.6.1: :., customers.,.':, LDD:°-estimates:.that 414_-vcustomers.-do,..note-.currently •subscribe;•for regular service. The following breakdown identifies the residential customers by level of service: 1 can 2 cans 3 cans 4-6 cans Number of Customers 2,054 2,591 282 34 Percentage of Customers 41% 52% 6% 1% As shown above, a majority of the City's customers (59%) have more than one can service. Attached as Exhibit 2 is a historical comparison of garbage rates in the City of Dublin. In 1986, when the City assumed the franchise from DSRSD, the City Council reduced the rates. Since that time, a 16% increase was imposed January 1 , 1990, and rate changes were made in July of 1990 to enact the curbside recycling and a Household Hazardous Waste one-time collection. Service Level Options Given the significant rate increase proposed by the JRRRC, Staff has had preliminary discussions with LDD regarding potential changes to the service which would reduce rates. In 1989, Staff presented a similar analysis for City Council review. At the December 21 , 1989 meeting, the City Council voted to maintain the backyard service and directed Staff to prepare documents necessary to implement an across the board rate increase pursuant to the 1989 recommendations of the JRRRC. The two options Staff has investigated involve curbside service for garbage collection. Residents are currently participating in a curbside recycling program. If garbage cans were also placed at the curb, certain cost reductions could be achieved. Two basic options would exist for curbside service. One involves allowing the customer to use their own garbage cans. The company would also need to make modifications to their trucks to implement this service. Costs are reduced since the number of personnel can be reduced. In addition, there is a time savings resulting from the customer placing the can at the curb. Preliminary indications are that this service change may reduce the rates by approximately 10 percent. The disadvantages presented by this option are: -6- 1 . Appearance from cans being left at the curb after collection day. 2. Due to the high winds, problems with cans and lids blowing away. 3. Difficulty for some persons to physically place their garbage containers at the curb. The second option is to implement an automated curbside collection. This type of service involves the use of special containers which are placed at the curb. The collection truck has a mechanical arm which grabs the can and empties its contents. Similar to the option presented above, the Company would achieve certain labor savings; however, the Company would also incur capital costs for vehicles and the special containers. LDD estimates that this type of system may provide savings of 4%. The disadvantage of aesthetics from cans left at the curb would remain with this option; however, the automated system may improve other disadvantages presented by customer provided cans. The automated containers have wheels and attached lids which would weigh them down. This would reduce problems with heavy winds. Also, the wheels make it convenient to move the can to and from the curb. LDD representatives indicated that they felt this service could be provided to all areas of the City. Staff has also discussed with LDD representatives the . availability of :. different,. size,..cans in„.: am >: ._automated._sys°tem:. _ Jnt- �.:other <agencies which ..have. ” implemented 'this "system; they• •haves.. typically�_---provided a.- 90-.--gallon-. container. This usually results in a cost increase for the single can customer. .. There is ' also.­.-,some question.--,as­_:to:,;the message - -which ' this-, "provides to the consumer." - ­The City has —implemented, a recycling- program, and, consistent with State Law, is encouraging a reduction in the amount of garbage placed in the landfill. Providing a larger container may confuse the public. LDD has advised that a 64 gallon can is available and recently a 32 gallon automated can became available. If implemented, these options would allow the cost of the program to be based on the service level received. In order to implement any change in the service level, Staff would need additional time to negotiate the appropriate contract amendments with OSC. Also, time would be necessary to investigate the cost differentials since the projections noted are only rough estimates. The Company representatives anticipate the need for a 3-6 month period if a contract is signed, to actually implement a service change. This time is required to obtain any capital items necessary and prepare public information. Staff would request that the City Council review the service options discussed and provide direction as to whether any change in service levels should be pursued in 1991 . If a change is desired, Staff would request a formal proposal from the Company, which would be presented at a future City Council meeting. Alternative Refuse Rate Structures The JRRRC commissioned a survey of alternative rate structures. The report is dated December 3, 1990 and is attached as Exhibit 3. The purpose of the survey was to analyze options available as a method to assist in achieving the landfill diversion goals established by AB939. The area of Residential Rates shows that most agencies are pricing service based upon the amount of garbage collected. This attempts to encourage recycling and the level of service a customer selects (i.e. one can vs. two cans) . This also recognizes that a significant portion of the cost of service is now associated with the cost of disposal. In the past, a larger portion of the cost was associated with the labor and expense associated with collecting the garbage. The current City of Dublin rate structure provides a lower rate for additional garbage containers. The basic charge for collection and -7- disposal of a single can is $5.70 (excluding Recycling and HHW) . Each additional can currently costs $3.95 (44% less than the 1st can) . The Alternative Rate Structure Report suggests that the City Council may wish to consider changing the rates to reduce the differential. This will be discussed in more detail later in this report. The report also identifies that the greatest opportunity to adjust service levels typically comes in conjunction with a composting or yard waste program. For many residential customers, yard debris is a significant portion of their garbage. Until an alternative is available, it is not possible for them to reduce their service. As part of the city's planning efforts required by AB939, the plan will be addressing composting and what role it can play in reducing garbage placed in the landfill. The final area of residential service addressed by the report is the use of a "mini-can" rate. Typically, this is smaller than the standard 32 gallon container and it is implemented as an incentive for those who are actively recycling and composting a majority of their waste generated. It may be appropriate to consider implementation of a mini-can at a future date when other recycling and/or composting opportunities are available. The second portion of the Alternative Rate Structure Report involves alternatives with commercial rates. This . area is more complicated and , w there.•is. much less data currently available_-: . The city already charges the. 3. :same rat-e :•per.. cubic yard:: :: Several-..of.,the.% alternatives :identify ed<::augg.es:t _. the development:: of. differing.:fees at the.::aandfill The ;.area of_ ..commercial rates., and the impacts of AB939. will need_ to .be. studied .further._ Staff. will.. .: take "the "comments made in- this.• report- -,into- consideration as �­the: city prepares. its Source Reduction and Recycling Element. - . . Implementation of 1991 Rate Increase As has been discussed, the JRRRC has recommended a 30% rate increase for 1991 . OSC rounds the rates to the nearest nickel and Staff has worked with the Garbage Company representatives to identify alternative methods of spreading the costs. In order to implement the rate change, the City Council will need to conduct a public hearing at the January 14, 1991 meeting. Staff needs additional input on the preferred method of adjusting the rates in order to place publication notices as required by State Law. The options available are shown on Exhibit 4. Option A identifies the impact of a 30% across the board rate increase. As was discussed in the Alternative Rate Structure Report, this results in a significant cost differential between the first can collected at $7.40 and each additional can at $5.15. The Report suggested that it may be appropriate to adjust rates over time in a manner which will create a uniform per can rate. Options B and C in Exhibit 4o identify the impact of loading only 25% and 20% respectively on the first can. This closes the per can cost differential between different service levels. The basic garbage collection and disposal costs would be as follows: Monthly Cost Monthly Cost 1st can Each Additional Can Option B 25% on first can $7. 10 $6.30 Option C 20% on first can $6.85 $6.70 As described earlier in the report, 52% of the City's customers have two can service. By shifting more of the costs to the additional can, a larger burden will be experienced by these customers. Option D is presented as an illustration of an adjustment to the rate structure which would penalize those who require more than a single can. Under this scenario, the first can cost would be $6.55 and each additional can would be $7. 15. Staff would not recommend this option since there are currently limited opportunities to reduce single family service to one can. -8- Staff would recommend that the City Council implement a rate adjustment which begins to equalize the differential between different service level. If the City Council concurs, Staff would request direction on the selection of either Option B (25% on first can) or Option C (20% on first can) . Based on the City Council's preference, Staff will prepare appropriate documents for consideration at the next meeting. Exhibit 5 identifies the impact of an across the board rate increase for commercial bin service. This cost identifies the cost of the actual garbage collection and disposal excluding the container rental rate. Also, the cost to an individual business would depend upon the number of times the bin was scheduled to be serviced during a week. Staff proposes to include the modified commercial rates in the Proposed Rate Resolution, which will be presented at the January 14, 1990 meeting. It is proposed that the increased rates will be effective for the quarter beginning January 1 , 1991 . Household Hazardous Waste (HHW) Surcharge On May 5, 1990, the City conducted a HHW collection day sponsored in conjunction with the cities of Livermore and Pleasanton. The cost to each agency. was comprised of. -two elements. The set-up charges of approximately , $26,760-,were shared ._equally. The remaining costs were .shared -.on the basis..-,.., . of participation; by residents from< .each city. .a.. Y.. _ - .,. .. .. __;The .. City. ..of.-.Dublin.,s.. share ..of_ the...cost was $22,659.......__The .collection.. and,..... disposal' was'- handled° by Chemical-Waste Management, -Inc.. (CWMI) ­­ which- subsidiary , within Waste 'Management 'Inc The ..CityIs local'. garbage company is also a WMI subsidiary. Due to the corporate relationship, Livermore Dublin Disposal agreed to recover the HHW collection cost by the City adding a surcharge to the current garbage rate. The original intent was to recover the cost over a one year period. The rate adjustment was effective July 1 , 1990. Single family customers were charged 20 cents per month. Multifamily customers with bin service were charged an additional 15 cents per cubic yard. The following analysis identifies the estimated time required to repay the entire collection cost: City of Dublin Total Cost: $ 22,659 Estimated Quarterly Revenue from HHW Surcharge $ 4, 161 Number of Quarters Required to Recover Cost 5.45 quarters If Surcharge Remains In Place Through Entire 1991 Estimated Excess Revenue Generated $ 2, 307 HHW Grant Reimbursement Staff is also pursuing a State grant which would provide a reimbursement for a portion of the costs of the May 5, 1990 collection. The State collects tipping fees at all disposal sites throughout the State. A portion of these funds are available for reimbursement of collection events conducted in 1989-90. The deadline for submitting the application was November 30, 1990. The final announcement of grant distributions are anticipated by March of 1991 . The grant application proposes that any grant funds received be distributed between the agencies based on each agency's cost. Attached as Exhibit 6 is an Agreement identifying how the grant funds would be shared. This document is consistent with the cost sharing in the joint agreement to hire Chemical Waste Management, which was previously approved by the City Council. In order to meet the grant deadline, the agreement was executed by Staff. The State representative had strongly urged the cities to submit -9- a joint application. The Agreement defines the City of Livermore as the Lead Agency. Pursuant to the Agreement, the City will receive 14% of any grant funds issued to the City of Livermore. Staff estimates that if the Grant application is approved, the City of Dublin's share of the proceeds may be approximately $2,000. This will be transferred to the Garbage Company to reduce the balance owed by the surcharge. This will increase the excess funds collected for the Household Hazardous Waste Surcharge at the end of 1991 . The exact amount of the excess will not be known until 1991 . Need to Consider Flexibility with Surcharge The use of a surcharge requires some flexibility to provide a balance between the revenues collected and the expenditures. In order to provide consistency with the rates, Staff recommends that the surcharge be collected for the entire year; however, it is recommended that the surcharge be designated as a charge for "Special Services." A separate letter agreement with the Garbage Company would designate that the use of any additional funds collected beyond the cost of the HHW,would be used for services designated by the City. Possible uses for the surplus funds include: a) offset recycling program costs; .b) use to reduce the amount of future rate increases; c)_ apply toward .future residential clean-up which. ;,.a-re-not. funded. The. :final,,.application- of excess, funds. would be. approved:1-by._ the City Council once the amount -of : funds. is:..known.• Staff would recommend-that the City -Council direct- Staff to -discuss with - LDD. representatives the potential, uses-. for, any excess surcharges and -to present a proposal at the next meeting. It is also requested that the City Council ratify the Joint Application for Grant Funds executed by City Staff. Staff and representatives of OSC will be present to respond to any additional questions. a:@1210jrr.doc.agenda -10- JOINT REFUSE RATE REVIEW COM TTEE REVIEW OF OAHIAND SCAVENGER COMPANY'S 1991 RATE APPLICATION November 19, 1990 EXHIBIT HILTON FARNKOPF&HOBSON Advisory Services to Municipal Management 39350 Civic Center Drive,Suite 380 Fremont, California 94538 Telephone:415/797-0654 Fax:415/797.0615 November 19, 1990 Joint Refuse Rate Review Committee c/o Mr. Paul Causey, Chairman Oro Loma Sanitary District 2600 Grant Avenue San Lorenzo, CA 94580 REVIEW OF OAKLAND SCAVENGER COMPANY'S 1991 RAZ'E APPLICATION Dear Members: This report documents our review of Oakland Scavenger Company's (OSC) rate application dated September, 1990, for the years 1991 through 1993 on behalf of the Joint Refuse Rate Review Committee (JRRRC). This letter pre- sents a summary of major issues which affect the collection and disposal rates and the rate review process. Last year the JRRRC was frustrated by the lack of time to consider significant issues like the civil rights lawsuit settlement. Mr. Paul Causey obtained an agreement from OSC to submit significant issues in the rate application to the JRRRC in July. However, many of the current issues were not disclosed until September. For example, OSC did not discuss their request for management incentives prior to the September 10, 1990 JRRRC meeting. In addition, the JRRRC's request for a five-year capital plan was received on October 31, 1990. This rate application included several other complex issues. Two examples are OSC's request for significant landfill closure and post-closure costs and for costs of expanding the Durham Road Landfill. The JRRRC should study these issues in the context of OSC's five-year capital plan. In addition, it should assess the ratepayers' liability for these costs, the basis of estimating these costs, and the method of paying for these costs. Recent legislation is also having a significant impact on OSC's costs and operations. The Alameda County Facilities Management Fee, Household Hazardous Waste Fee, Health Care Services Fee, the AB 939 Fee and the Fastin Tax all impose a fee per ton of waste disposed of in the landfills. The Alameda County Measure D Initiative will more than double these fees. N F RNK PF&HOBSON _ HILTON A O November 19, 1990 _ . Joint Refuse Rate Review Committee Page 2 Appropriate capital costs associated with local, state, and federal regulations are more difficult to determine. OSC translates these regulations into capital projects. But the current review process does not provide significant incen- tives to control these costs. Although we did not find evidence that the OSC was not controlling capital costs in the course of our review, it is beyond the scope of our review to assess the cost-effectiveness of the engineering approaches proposed by OSC. Finally, the results of negotiations between the cities of Fremont, Newark, and Union City and OSC will not be known prior to the setting of rates next year. The potential absence of the Tri-Cities from the JRRRC could reduce the number of ratepayers who would bear the cost of operations. Despite our concerns about the issues outlined above, we believe that OSC's request for a 16% increase is reasonable. In addition, an increase of an addi- tional 13% is necessary for the Alameda County D fees and an additional 1% is necessary for the increase in the Alameda County Facilities Management Fee. The total recommended increase is, therefore, 30%. We make no recommendation regarding rate increases in future years. Further, we believe that procedural changes that are responsive to the issues . identified above should be made prior to the next rate review. These changes should be thoroughly documented and incorporated into the rate review pro- cedures manual. We appreciate having the opportunity to be of continued service to the member agencies of the JRRRC. Sincerely, L. Scott Hobson Partner Attachment - Report i REVIEW OF OAKLAND SCAVENGER COMPANY'S 1991 RATE APPLICATION TABLE OF CONTENTS SECTION DESCRIPTION PAGE I BACKGROUND 1 Rate Review Process Revisions 1 September, 1990 Revised Projections 1 I I SCOPE OF REVIEW 3 III OBSERVATIONS AND FINDINGS 4 Cost Factors Leading to OSC's Increase 4 OSC Originated Adjustments 6 Hilton Farnkopf & Hobson Originated Adjustments 6 Policy Issues 8 IV SUMMARY OF RECOIINIENDATIONS 16 V RATE IMPACT OF RECONEWENDATIONS 17 SECTION I-BACKGROUND Last year, the JRRRC member agencies raised their collection rates by 1.6%. This was the first rate increase in over six years. The primary reason for the long period of stable rates was the availability of excess revenues from prior years. These revenues were used to offset the need for increased revenues from current operations. These excess revenues were completely used during 1989. RATE REVIEW PROCESS REVISIONS At the conclusion of the last rate review, the JRRRC wished to make changes in the rate review process that would improve its ability to consider philosoph- ical rate issues in a timely manner. Mr. Paul Causey, Chairman of the JRRRC, was directed to meet with Mr. Dave MacDonald to discuss these changes. Mr. MacDonald agreed that in order to provide the JRRRC adequate time to consider unusual items or philosophical changes to the rate application, OSC would identify and submit those items to the JRRRC by July 15 but no later than July 31 each year. The Company submitted its initial rate application on July 27, 1990. Due to uncertainties regarding the negotiations of new franchise agreements with the Southern Division jurisdictions, the rate application did not include cost information for the Southern Division. This initial application also did not include a request for management incentives, costs for the Durham Road Landfill expansion, costs for closure and post-closure maintenance for the Durham Road Landfill, or a five-year capital plan. OSC's September 10, 1990 rate application was still incomplete with regard to the Southern Division costs. The final costs were received by September 12. The requested five-year capital plan was received on October 31, 1990. SEPTEMBER, 1990 REVISED PROJEC7JONS OSC's September, 1989 application contained projections for the years 1989 through 1991. OSC's current rate application presents actual results for 1989 and revised projections for the period 1990-91. This current projected revenue requirement for the period 1990-1991 reflects an increase of 10% from the 1989 projections, as shown in Exhibit 1. t .. Exhibit 1 1989 Projected 1990 Projected Revenue Revenue Increase/ % Year Requirement Requirement (Decrease) ChanLye 1990 $ 82.9 $ 85.4 $ 2.5 3% 1991 $ 891 $103.8 $14.7 16% Total $172.0 $189.2 $17.2 10% Section III of this report explains the factors leading to the increase in pro- jected expenses between the two years. 2 SECTION H- SCOPE OF REVIEW Our review was conducted in accordance with the September 18, 1990 contract with the JRRRC and the Rate Review Procedures Manual dated April 6, 1986. Our procedures included: • Reviewing the rate application for mathematical accuracy and compli- ance with the rate review procedures. • Agreeing the rate application to OSC's audited 1989 financial state- ments. Reviewing the revenue and expense projections contained in the appli- cation for reasonableness in terms of OSC's prior experience and our knowledge of industry experience. • Calculating the approved profit, based on a 17% return on franchised equity. • Calculating the cumulative excess/deficit income from operations for the period ending December 31, 1989. • Recalculating representative rates resulting from the required revenue increase and comparing these to rates in other Bay Area communities. The scope of our review did not comprise an audit of OSC's financial state- ments. Such an audit is performed by the firm of Armanino, Jones and Lombardi. Our review was based on OSC's September, 1990 projection of the results of operations for the three years ending December 31, 1993. The actual results of operations will usually differ from projections, because events and circum- stances frequently do not occur as expected, and the difference may be signifi- cant. 3 i SECTION III- OBSERVATIONS AND FINDINGS Our observations and findings are organized into four categories. • First, an overview of the factors included in OSC's rate application lead- ing to the increase in rates in 1991; • Second, a summary of the adjustments made by OSC to the rate applica- tion subsequent to its filing; • Third, a description of the adjustments which we identified in the course of our review to correct errors made by OSC; and • Fourth, a discussion of policy issues regarding whether certain costs that have been incurred by OSC are appropriate to include for rate pur- poses. COST FACTORS LEADING TO OSC's INCREASE OSC's 10% increase to the projected 1990 through 1991 revenue requirement results from six major factors, as shown in Exhibit 2: Exhibit 2 ($ Millions) 1990 1991 1989 Projections, as adjusted 82.9 89.1. Cost Factors 1. Lawsuit - 8.0 2. Dumping Fees 3.7 6.2 3. Wages and Salaries (1.5) (2.3) 4. Other Operating Expenses 1.1 0.9 5. Earthquake-related costs 0.8 0.6 6. Various Other 1.6 1_3 1990 Projections 85.4 103.8 1. Lawsuit Settlement: In 1989, OSC originally requested reimbursement for an $8 million settlement of a civil rights lawsuit. It was excluded by the JRRRC from the rates pend- ing a review by the JRRRC's legal consultants. OSC has again requested reimbursement of this item in 1991. (See further discussion of this item on page 9.) 4 i t , 2. Dumping Fees: Landfill and transfer station expenses are higher than previously projected by $3.7 million in 1990 and $6.2 million in 1991. These increases'are composed of the following significant components, partially offset by other reductions: Tonnage Surcharges The creation of the Alameda County Household Hazardous Waste fee ($1.32 per ton), and the increase of the Alameda County Facilities Management fee (of$0.336 per ton to $0.546 per ton) increased dumping fees by $0.6 million in 1990 and $3.0 million in 1991. Closing Costs OSC has included for the first time the amortized costs of closure and post-clo- sure maintenance of the Durham Road ($1.4 million per year starting in June 1990) and the Altamont ($0.4 million per year starting in January 1991) land- fills. (See further discussion of this item on page 9.) Wages and Payroll Costs OSC has projected that landfill wages and payroll costs will be higher than previously projected by $0.5 million in 1990 and $1.0 million in 1991. These increases represent additional supervisory manpower that OSC says is neces- sary to comply with new landfill regulations, to enhance safety, and to control litter. Truck Expense OSC has projected increases of$0.4 million in 1990 and $0.6 million in 1991 over previous projections due to higher volumes of waste being transferred, resulting in higher maintenance and operating costs for transfer vehicles. Public Revenues Public dumping at the landfills decreased in 1990 for the first time due to dump fee increases and decreased volumes disposed of by private haulers. OSC estimates that public revenues will be $0.6 million less than previously projected. Revenues projected for 1991 are expected to be $2.9 million higher due to planned price increases at Davis Street and Durham Road. Other Operating Expenses OSC estimates that other operating costs will be higher than projected by $1.1 million in 1990 and $2.3 million in 1991. These increases are due to legislative requirements regarding water monitoring (the Clean Air and Water Act) and gas monitoring, higher building maintenance costs, road projects mandated by the County, and the Durham Road Landfill expansion. 5 I 3. Earthquake Costs: Damage caused by the October 17, 199Q Loma Prieta earthquake forced OSC to relocate the Peralta Street Building operation (including the Northern Division and truck maintenance facilities). OSC is building a replacement maintenance yard on 98th Avenue that is scheduled to be completed in 1991. The impacts associated with the relocation include: moving costs, a new tele- phone system, rent expense, higher truck maintenance (that must be per- . formed off-site), building repairs, and higher depreciation expense on the new facility at 98th Avenue. 4. Collection Wages and Salaries: OSC continues to reduce its residential routes from three men to two men. In addition, OSC negotiated lower wage increases than projected in the prior rate application. According to OSC, these factors have resulted in savings of$1.5 million in 1990 and $2.3 million in 1991. 5. Other Operating Expenses: OSC discovered fuel tank leakage in the Southern Division yard and was required to remove the tanks, clean the soil, and build an evaporating tank for water used to wash trucks, totaling $500,000. Soil monitoring is required to continue in 1991. In addition, OSC had an increase of$200,000 in 1990 in damage claims caused by increased accidents. Further, OSC began an aggressive effort to paint and repair roll-off and commercial bins. This effort is expected to cost approximately $200,000 in 1990 and 1991. OSC ORIGINATED ADJUSTMENTS Subsequent to the submission of the September 12, 1990 rate application, OSC requested an increase of expenses in 1990, 1991, and 1992 totaling $143,000 per year. This request was made because of the accidental omission of deprecia- tion for improvements at the Altamont Gas Recovery Plant. We concur with this adjustment. We have summarized the effects of this adjustments on the OSC projections in Exhibit 3. HILTON FARNKOPF &HOBSON ORIGINATED ADJUS I NTS OSC was able to support their revenue and expense projections with the excep- tion of the items described below and summarized in Exhibit 3. 6 i Exhibit 3 ($000's) 19W 1991 September 1990 Projected Revenue Requirement 85,439 103,786 OSC October Adjustments 1. Depreciation 143 143 OSC Adjusted Projections 85,582 103,929 HIS'&H Adjustments 1. Oakland, Street Cleaning Fees (ref, pg. 7) - (316) 2. Engineering Salaries (ref, pg. 7) (100) (1_11) 3. Miscellaneous Income (ref. pg. 8) (194) (205) 4. Landfill Surcharges (ref. pg. 8) (128) 168 5. Interest (ref. pg. 8) - (162) 6. Additional Franchise Fees and Corporate Expenses (ref. pg. 8) - 201 7. Altamont Adjustment (ref. pg. 8) (160) (268) 8. Litigation Settlement (ref. pg. 9) - (8,000) 9. Landfill Expansion (ref. pg. 10) - (655) 10. Landfill Closure and Post-Closure Costs (ref. pg. 11) 664) 1761) Adjusted Revenue Requirement 84,336 92,820 Oakland Street Cleaning Fees OSC collects street cleaning fees on behalf of the City of Oakland through its garbage billings. An expense, offset by an equivalent revenue is recorded in OSC's accounting records. OSC erroneously escalated the expense and not the revenue in the rate application. We have decreased Oakland Street Cleaning expense by $316,000 in 1991 to correct this error. Engineering Salaries OSC landfill engineers spend a portion of their time working on projects for other non-franchised Waste Management Inc. subsidiaries. Their time is billed to the subsidiary at 185% of the engineers' labor costs. Based on year-to- date billings to other subsidiaries, we believe that OSC underestimated the total billings and, therefore, overstated the franchised portion of the engi- neers' salaries. We have reduced this expense by $100,000 in 1990 and $111,000 in 1991. 7 Miscellaneous Income In comparing prior year annual "clean up" revenue to current projections, we discovered that OSC had erroneously omitted revenues for several projects yet to be performed in 1990. This error also carried over to future year projec- tions. We increased miscellaneous income by$194,000 in 1990 and $205,000 in 1991 to reflect "clean-up" projects. Landfill Surcharges OSC calculated the landfill surcharges incorrectly in the final rate applica- tion. The impact of the error was to overstate the expense by $128,000 in 1990 and understate the expense by $168,000 in 1991. We have adjusted OSC's rate application accordingly. - Interest In reviewing interest expense, we discovered that OSC had escalated interest expense using an inflation factor. We reduced 1991 interest expense by $162,000 to correct this error. Franchise Fees and Corporate Expenses OSC projected collection revenues assuming a 0.3% to 1.4% growth rate. _. Based on past trends, we believe collection revenues will grow at approxi- mately 2% per year. As revenues increase, corporate overhead expenses and franchise fees increase. We have increased these expenses by $201,000 to reflect the esti- mated 2% growth. - POLICY ISSUES The following seven key policy issues have arisen during the course of the review. 1. Altamont Adjustment Since the importation of waste from San Francisco, the JRRRC has reduced the franchised equity by an amount estimated to reflect the non-franchised operation's equity in the Altamont Landfill. To date, the adjustment was cal- culated on the basis of the non-franchised portion of the net asset value of land, buildings and other land improvements. Equipment was not included originally, because San Francisco contributed two tippers. Over time, as new landfill equipment was purchased, it was charged to. a "common" account. The depreciation on that equipment was allocated to ' franchised expense on the basis of relative tonnage. However, the non-fran- chised equity adjustment never reflected an adjustment for the non-fran- � . 8 chised equity adjustment never reflected an adjustment for the non-fran- chised portion of "common" assets. (Mr. MacDonald stated that at the time the San Francisco agreement was negotiated, OSC and the JRRRC had agreed that the adjustment would be limited to land, buildings and other land improvements. We reviewed the Price Waterhouse report provided by Mr. MacDonald and talked with Mr. Doug Eads, former Committee member from the City of Fremont, and Mr. Ernest Mortensen, the Price Waterhouse partner responsible for the review at that time. Based on our review and discussions, we found no evidence of such an agreement. Mr. Mortensen stated that the "agreement" between OSC and the JRRRC was with respect to the methodology that was used, not specifically to the accounts used in the calculation. He further recalled that the equip- ment account was not included originally due to the minor balance involved.) Then in December 1989, Contra Costa County began to import trash to the Altamont Landfill. With the Contra Costa County waste and recent asset additions, we reviewed the Altamont adjustment more closely and determined that the adjustment is significant. For this reason, we have adjusted non- franchised equity for the non-franchised share of the net asset value of all common assets. The net result is a decrease in pre-tax profit of$160,000 in 1990 and $268,000 in 1991. 2. Settlement of Employment Discrimination Litigation: In January 1975, a group of OSC employees filed a suit in federal court alleg- ing that the Company's hiring and promotional practices discriminated on the basis of race and national origin, in violation of Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1866. The case was dismissed on summary judgment motion in 1981. The plaintiffs appealed and, in 1982, the Ninth Circuit Court of Appeals reversed, remand- ing the case to the District Court for trial. Thereafter, the U.S. Supreme Court denied OSC's petition for review. After a three month trial, the U.S. District Court Judge ruled in December . . 1987 in favor of the plaintiffs on claims relating to the Teamster bargaining unit and management positions. The court excluded mechanics, landfill employees and administrative employees from the class for which relief was granted. The court also found that the Company's refusal to allow minority employees to purchase stock was not a violation of Title VII. Rather than proceed with the damages phase of the trial, OSC entered into a "Stipulation of Settlement and Consent Decree" with the plaintiffs in September 1989, which called for payment by OSC of$8 million in damages for backpay and emotional distress claims. No punitive damages were involved. OSC has asserted that "after a letter agreement outlining the terms of settle- ment was executed, some of the standards upon which the trial court's deci- sion was made, including allocation of the burden of proof, were overruled in 9 three U.S. Supreme Court cases". Nonetheless, the "Stipulation of Settlement and Consent Decree" was signed and judgment entered after these Supreme Court cases had been decided. OSC requested that rates be increased to cover this $8 million in last year's rate application. In our November 21, 1989 report, we stated: "We believe that there is reason to question whether or not the cost of this settlement should be included as a reasonable and neces- sary cost associated with OSC's provision of services to the ratepayers. In addition, this settlement was only just brought to light in OSC's rate application in late September 1989, and only a verbal presentation was provided to the JRRRC prior to October 31, 1989. Therefore, since there has been inadequate time for the JRRRC to obtain a legal evaluation of the issue, we recommend that the JRRRC review the matter prior to the next rate applica- tion and incorporate, if appropriate, its findings in the next rate adjustment." In May 1990, the JRRRC engaged the law firm of Hanson, Bridgett, Marcus, Vlahos & Rudy to advise it on this matter. Their written report was submitted in July 1990, and the JRRRC received supplementary briefing from the attor- neys at its September 10 meeting. We understand that the JRRRC members do not intend to recommend that individual jurisdictions increase their rates to cover any of the $8 million settlement cost. We concur in that decision. In addition, in a letter dated October 5, 1990, the JRRRC requested that OSC provide a detailed listing of expenses, if any, for legal fees, etc., associated with this case which have already been paid by the ratepayers. In a letter dated October 22, 1990, Mr. MacDonald stated that OSC felt that "defense costs are rate allowable" and that "it is unreasonable for the Committee to request this information from inception to date this late in the process". OSC did provide by facsimile on October 24, 1990, listings of legal costs for 1989 and year-to-date 1990. Due to the timing of the receipt of the information and the fact that the information was incomplete, we have not performed a detailed analysis of the information provided. 3. Durham Road Landfill Expansion: OSC included costs for the expansion of the Durham Road Landfill into an existing PG&E utility trench in 1991. Final approval for moving the power poles and filling the trench has not been received. We believe that the JRRRC should remove the costs of the Durham Road Landfill expansion ($655,000 in 1991) from the current rate application in light of the uncertainty regarding the feasibility, cost and timing of the expansion. Additionally, the cost of the expansion should be reimbursed only after the expansion is complete and waste is being disposed of at the site. 10 i In addition, OSC is proceeding with plans to expand the landfill into an adjoining 92 acre parcel. We have recently learned from OSC that the Army Corps of Engineers has some concerns that impact the size of the expansion site and that the Regional Water Quality Board has changed certain design requirements that have increased the site development costs from $16 million to $35 million. (Note that OSC included the cost of the PG&E utility trench expansion at Durham Road as an expense in 1991 because the expected life of the expansion is approximately one year. Expenses associated with expansion at Altamont beyond the current fill area and at Durham Road into the adjoining 92 acre site are currently being capitalized. These costs will be amortized over the life of the expansion area by OSC because the expected life of the expansion area exceeds one year. This accounting method is appropriate for rate purposes.) 4. Landfill Closure and Post-closure Costs: This year is the first year that OSC has requested reimbursement of estimated closure and post-closure costs at the Altamont landfill. (Some funds were previously deposited into a trust fund by OSC for closure of the Durham Road landfill.) The costs, estimated by OSC engineers, are spread over the remain- ing life of the landfills. The OSC application anticipates obtaining approval to expand the Durham Road Landfill, thereby extending the life an additional ten years, for a total of 11 years. The amortized closure and post-closure costs are approximately $1,327,000 per year. On September 14, 1990, the Cities of Fremont, Newark and Union City sent a letter to the JRRRC requesting that the JRRRC not include the requested Durham Road closure and post-closure costs this year, pending an engineering and legal review of the estimates. OSC plans to close the current fill area at the Altamont landfill and move into a new fill area at the end of the current area's useful life - currently estimated at nine years. The franchise portion's amortized cost of closure and post-clo- sure maintenance of the current area is estimated to be approximately $434,000. OSC has not provided detailed support for these closure and post-closure esti- mates. Also, they have not provided a detailed explanation of their position regarding what portion of these estimated costs the current ratepayers should bear; how the monies are to be collected, maintained, and disbursed; and, what responsibilities OSC and the ratepayers have for closure and post-clo- sure maintenance of the landfills. We believe that due to the significance of these issues, a review of the cost estimates by a qualified independent engineering firm and a detailed response by OSC to the issues raised above would be appropriate prior to reimbursement by the ratepayers. We have excluded landfill closure and post-closure costs in 1990 and 1991. (This recommendation and approach is similar to one made by 1l r Price Waterhouse several years ago for a review of OSC's operations by an independent engineering firm. The review, performed by SCS Engineers, resulted in several recommendations for reducing OSC's costs of operations.) 5. Management Incentives: In September, OSC submitted with its rate application a request for two man- agement incentives - one related to certain labor savings ($799,000) and the other related to an automated remittance processing system ($413,000). In a letter dated October 5, 1990, the JRRRC informed OSC that since it had not submitted the request and adequate justification with the July application, it would not consider the management incentives this year. The JRRRC sub- sequently clarified their response in a meeting on October 26, 1990. Further, the JRRRC determined that the automated remittance processing system did not qualify as a management incentive because it did not represent an innovative change in OSC's operations. The JRRRC felt that this change is to be anticipated in the normal course of business. We have omitted, therefore, the management incentives from the calculation of the revenue requirement. 6. Alternative Rate Adjustments: . - In his presentation of the rate application to the JRRRC on September 10, 1990, Mr. Dave MacDonald stated that OSC was seeping a 16% rate increase January 1, 1991, followed by increases of 11-12% in the next two years. In doing so, OSC realized that the 1991 increase would not be sufficient to fully compensate it by the end of 1991. This is true even after the adjustments explained above, as shown in Exhibit 4 and Attachment 1. Exhibit 4 $Millions 1990 1991, Projected Revenue 80.2 81.8 Projected Expenses (Adjusted) 77.0 83.7 Allowed Earnings (Pre-tax) 7.3 8.9 Additional Franchise Fees & Corp. Expenses 0.0 0.2 Cumulative Deficit 6.4 10.5 Total Revenue Requirement 9-0.7 103.3 Profit/(Loss) (Before Rate Increase) (10.5) (21.5) Rate Increase $ 13.1 % 16% Remaining Deficit (8.4) 12 f� f The Southern Division jurisdictions (Fremont, Newark, and Union City) have signed an extension of their current franchise agreements with OSC through January 15, 1992. They are currently negotiating with OSC for a new agree- ment. If those negotiations do not result in an agreement between the Cities and OSC, then the collection and disposal franchise will be put out for bid. It is possible that these jurisdictions will not participate in the rate review pro- cess in the future. Therefore, the payment, if any, by these cities of a portion of the $8.4 million deficit that remains at December 31, 1991 will require a spe- cial agreement. At a JRRRC meeting on October 26, the Tri-Cities representa- tives indicated a willingness to negotiate such an agreement with the JRRRC in the event they withdraw. However, if the JRRRC wished to raise rates suf- ficient to fully compensate OSC for the deficit by the end of 1991, collection rates would have to be increased by 28%, as shown in Exhibit 5 and Attachment 2. Exhibit 5 $Millions 1990 1.991 Projected Revenue 80.2 81.8 Projected Expenses (Adjusted) 77.0 83.7 Allowed Earnings (Pre-tax) 7.3 8.9 Additional Franchise Fees & Corp. Expenses 0.0 1.3 Cumulative Deficit 6.4 10.5 Total Revenue Requirement 90.7 104.4 Profit/(Loss) (Before Rate Increase) (10.5) (22.6) Rate Increase (Decrease) $ 22.9 % 28% Remaining Surplus 0.3 The Alameda County Measure D Initiative was passed by the voters on November 6. It will add a surcharge of$6 per ton to the landfill costs to pro- vide for County recycling programs. This surcharge will increase the required rate increase from 16% to 29%, as shown in Exhibit 6 and Attachment 3. 13 i Exhibit 6 $Millions 1991 Projected Revenue 80.2 81.8 Projected Expenses (Adjusted) 77.0 92.9 Allowed Earnings (Pre-tax) 7.3 8.9 Additional Franchise Fees & Corp. Expenses 0.0 1.4 Cumulative Deficit 6.4 10.5 Total Revenue Requirement 90. 113.7 Profit/(Loss) (Before Rate Increase) (10.5) (31.9) Rate Increase (Decrease) $ 23.7 % 29% Remaining Deficit (8.2) 7. Bills: The JRRRC members have expressed interest in showing state and local sur- charges on tonnage disposed of at the landfills separately on the bills, as a means of keeping the public informed of the large increases in regulatory costs. Exhibit 7 shows these fees and our estimate of their portion of the cus- tomers' bills. Exhibit 7 Regulatory Fees ($ per ton): 1.991 Eastin Tax $0.500 AB 939 (avg. $35 after 7/1/90; $1.00 after 7/1/91) $0.875 LEA Inspection Fee $0.070 Alameda County Facilities Management Fee $0.546 Alameda County Hazardous Household Waste Fund Fee $1.320 City of San Leandro $0.650 Alameda County Proposition D $6.000 Total Regulatory Fees $9.961 Total 1991 Fees: Without Prop, D With Prop. D Fee per Ton $3.961 $9.961 Total Franchised Tonnage 1,533,730 1,533,730 Total Cost of Regulatory Fees $6,075,105 $15,277,485 Revenue Requirement $92,619,092 $101,821,472 Percent of Total Customer Bills 6.6% 15.0% 14 i . (Note that the facilities management fee may increase to $1.00 on January 1, 1991. The impact of this increase would be to increase the percentages in Exhibit 7 to 7.3% without Proposition D and $15.6% with Proposition D.) 15 SECTION IV- SUMMARY OF R.ECONIlVL NDATIONS We recommend the following specific actions by the JRRRC. 1. We recommend that the JRRRC accept OSC's rate filing as adjusted. 2. We recommend that the JRRRC disallow the $8 million lawsuit settle- ment. 3. We recommend that the JRRRC exclude landfill closure and post-closure costs from the rates until it has had sufficient time to evaluate the rea- sonableness of the underlying engineering estimates, OSC's proposal regarding the policies and practices for collection and handling of the funds, and a legal review of the ratepayers' obligations regarding these costs. 4. We recommend that OSC be directed to provide a detailed proposal of their policies and procedures for the collection and handling of closure and post-closure maintenance costs and support for their cost estimates. 5. We recommend that the JRRRC hire an independent consultant to eval- uate the reasonableness of OSC's projections of closure and post-closure costs and closure and post-closure policies and procedures. 6. We recommend that the JRRRC exclude the Durham Road Landfill expansion costs and reimburse OSC for those costs only after the new - area is placed in service. 7. Based on the JRRRC's direction, we have disallowed OSC's request for management incentives. 8. Because the Alameda County Measure D Initiative passed, we recom- mend that the JRRRC approve a rate increase of 29% effective January 1, 1991. 9. In anticipation of the Alameda County Facilities Management Fee increasing to $1.00 per ton on January 1, 1991, we recommend that the JRRRC approve a rate increase of an additional 1% effective January 1, 1991 (see Attachment 4). 16 SECTION V-RATE IMPACT OF RECOMAI ENDATIONS Based on our recommendations, we have prepared the following rate impact analysis: Residential Livermore/ Northern Central Southern Dublin Current 1 Can* $7.23 $7.33 $5.92 $6.55 29% Rate Increase $9.33 $9.46 $7.64 $8.45 30% Rate Increase $9.40 $9.53 $7.70 $8.52 Commercial Livermore/ Northern Central Southern Dublin Current 2 Yard* $ 64.30 $64.30 $52.49 $55.13 29% Rate Increase $82.95 $82.95 $67.71 $71.12 30% Rate Increase $83.59 $83.59 $68.24 $71.67 Drop Box Livermore/ Northern Central Southern Dublin. Current 20 Yard* $151.99 $141.52 $114.84 $121.20 29% Rate Increase $196.07 $182.56 $148.14 $156.35 30% Rate Increase $197.59 $183.98 $149.29 $157.56 *Current Rate quoted for all service categories and all Divisions are average rates. These rates compare favorably to a recent Bay Area survey of rates conducted by the Central Contra Costa Sanitary District and are included as Attachment 5. 17 ROE Calculation Attachment 1 A EQUITY CALCULATIONS 1989 1990 1991 1992 1993 1. Beginning Stockholders'Equity 23,362,463 29,311,655 33,622,246 39,020,846 45,654,390 2. Less N.F's Portion of Altamont -119,004 -574,693 -271,095 3. Beginning Equity for ROE 23,243,459 28,736,962 33,351,151 39,020,846 45,654,390 4. Working Capital Adjustment 2,116,808 0 5. Stockholder Buyouts and Dividends 6. Allowed Earnings(post tax) 3,951,388 4,885,284 5,669,696 6,633,544 7,761,246 7. Retained Earnings(post tax) 8. Ending Equity for ROE 29,311,655 33,622,246 39,020,846 45,654,390 53,415,637 Reconciliation to Franchise F/S 8. N.F.'s portion of Altamont(temp dim 966,813 9. Excess Net Income -14,009 10.Cumulative Unadjusted Working Capital 0 12.Ending Equity per F/S 30,264,459 B. ALLOWED EARNINGS 1. Beginning Equity for ROE 23,243,459 28,736,962 33,351,151 39,020,846 45,654,390 2. ROE Percentage(%) 17% 17% 17% 17% 17% 3. Allowed Post-tax Earnings 3,951,388 4,885,284 5,669,696 6,633,544 7,761,246 4. Adjustments per 1990 HF&H Report 5. Prior Management Incentives 6. Current Management Incentives 7. Adjusted Allowed Earnings 3,951,388 4,885,284 5,669,696 6,633,544 7,761,246 C. REVENUE REQUIREMENTS 1. Adjusted Allowed Earnings 4,885,284 5,669,696 6,633,544 7,761,246 2. Gross up for tax 33.64% 36.44% 37.00% 37.48% 3. Pre-Tax Income 7,361,404 8,919,865 10,530,000 12,413,820 4. Forecasted Expenses 77,917,918 86,598,227 90,447,803 95,139,726 5. Company Adjustments 143,000 8,143,000 143,000 143,000 6. Adjustment per HF&H Rate Review -1,086,000 -11,042,000 -2,697,000 -3,030,000 7. Other-- 8. Other-- 0 0 0 S. Revenue Required 84,336,322 92,619,092 98,423,803 104,666,546 D. EXCESS REVENUE(PRE-TAX) 1. Forecasted Revenue(2%growth) 80,199,625 81,803,618 96,790,040 104,649,391 2. Rate Increase 13,088,579 5,807,402 6,278,963 3. Adjusted Revenue 80,199,625 94,892,196 102,597,443 110,928,355 4. Revenue Required 84,336,322 92,619,092 98,423,803 104,666,546 5. Additional Franchise Fees,Corp Charges 201,134 480,952 797,983 6. Adjusted Required.Revenue 84,336,322 92,820,227 98,904,755 105,464,529 7. Excess(Deficit) -7,138,355 -4,136,697 2,071,970 3,692,688 5,463,826 8. Cumulative Excess(Deficit) -6,371,409 -10,508,106 -8,436,137 -4,743,449 720,377 9. Rate Adjustment Required 16% 6% 6% ROE Calculation Attachment 2 A EQUITY CALCULATIONS 1989 1990 1991 1992 1993 1. Beginning Stockholders'Equity 23,362,463 29,311,655 33,622,246 39,020,846 45,654,390 2. Less N.F's Portion of Altamont -119,004 -574,693 71,095 3. Beginning Equity for ROE 23,243,459 28,736,962 33,351,1.51. 39,020,846 45,654,390 4. Working Capital Adjustment 2,116,808 0 5. Stockholder Buyouts and Dividends 6. Allowed Earnings(post tax) 3,951,388 4,885,284 5,669,696 6,633,544 7,761,246 7. Retained Earnings(post tax) 8. Ending Equity for ROE 29,311,655 33,622,246 39,020,846 45,654,390 53,415,637 Reconciliation to Franchise F/S 8. N.F.'s portion of Altamont(temp did 966,813 9. Excess Net Income -14,009 10.Cumulative Unadjusted Working Capital 0 12.Ending Equity per F/S 30,264,459 B. ALLOWED EARNINGS__ 1. Beginning Equity for ROE 23,243,459 28,736,962 33,351,151 39,020,846 45,654,390 2. ROE Percentage(%) 17% 17% 17% 17% 17% 3. Allowed Post-tax Earnings 3,951,388 4,885,284 5,669,696 6,633,544 7,761,246 4. Adjustments per 1990 HF&H Report 5. Prior Management Incentives 6. Current Management Incentives 7. Adjusted Allowed Earnings 3,951,388 4,885,284 5,669,696 6,633,544 7,761,246 C. REVENUE REQUIREMENTS 1. Adjusted Allowed Earnings 4,885,284 5,669,696 6,633,544 7,761,246 2. Gross up for tax 33.64% 36.44% 37.00% 37.48% 3. Pre-Tax Income 7,361,404 8,919,865 10,530,000 12,413,820 4. Forecasted Expenses 77,917,918 86,598,227 90,447,803 95,139,726 5. Company Adjustments 143,000 8,143,000 143,000 143,000 6. Adjustment per HF&H Rate Review -1,086,000 -11,042,000 -2,697,000 -3,030,000 7. Other-- 8. Other-- 0 0 0 8. Revenue Required 84,336,322 92,619,092 98,423,803 104,666,546 D. EXCESS REVENUE(PRE-TAX) 1. Forecasted Revenue(2%growth rate) 80,199,625 81,803,618 106,802,803 100,223,750 2. Rate Increase 22,905,013 -8,544,224 5,011,188 3. Adjusted Revenue 80,199,625 104,708,630 98,258,579 1.05,234,938 4. Revenue Required 84,336,322 92,619,092 98,423,803 104,666,546 5. Additional Franchise Fees,Corp Charges 1,262,291 11,921 182,525 6. Adjusted Required Revenue 84,336,322 93,881,383 98,435,724 104,849,070 7. Excess(Deficit) -7,138,355 -4,136,697 10,827,247 -177,145 385,867 8. Cumulative Excess(Deficit) -6,371,409 -10,508,106 319,141 141,996 527,864 9. Rate Adjustment Required 28% -8% 5% ROE Calculation Attachment 3 A EQUITY CALCULATIONS 1989 1990 1991 1992 1993 1. Beginning Stockholders'Equity 23,362,463 29,311,655 33,622,246 39,020,846 45,654,390 2. Less N.F's Portion of Altamont -119,004 -574,693 -271,095 3. Beginning Equity for ROE 23,243,459 28,736,962 33,351,151 39,020,846 45,654,390 4. Working Capital Adjustment 2,116,808 0 5. Stockholder Buyouts and Dividends 6. Allowed Earnings(post tax) 3,951,388 4,885,284 5,669,696 6,633,544 7,761,246 7. Retained Earnings(post tax) 8. Ending Equity for ROE 29,311,655 33,622,246 39,020,846 45,654,390 53,415,637 Reconciliation to Franchise F/S 8. N.F.'s portion of Altamont(temp dim 966,813 9. Excess Net Income -14,009 10.Cumulative Unadjusted Working Capital 0 12.Ending Equity per F/S 30,264,459 B. ALLOWED EARNINGS 1. Beginning Equity for ROE 23,243,459 28,736,962 33,351,151 39,020,846 45,654,390 2. ROE Percentage(%) 17% 17% 17% 17% 17% 3. Allowed Post-tax Earnings 3,951,388 4,885,284 5,669,696 6,633,544 7,761,246 4. Adjustments per 1990 HF&H Report 5. Prior Management Incentives 6. Current Management Incentives 7. Adjusted Allowed Earnings 3,951,388 4,885,284 5,669,696 6,633,544 7,761,246 C. REVENUE REQUIREMENTS 1. Adjusted Allowed Earnings 4,885,284 5,669,696 6,633,544 7,761,246 2. Gross up for tax 33.64% 36.44% 37.00% 37.48% 3. Pre-Tax Income 7,361,404 8,919,865 10,530,000 12,413,820 4. Forecasted Expenses 77,917,918 86,598,227 90,447,803 95,139,726 5. Company Adjustments 143,000 8,143,000 143,000 143,000 6. Adjustment per HF&H Rate Review -1,086,000 -11,042,000 -2,697,000 -3,030,000 7. Other-- 8. Other-46 Alameda County Initiative 9,202,380 9,386,428 10,325,070 8. Revenue Required 84,336,322 101,821,472 107,810,230 114,991,616 D. EXCESS REVENUE(PRE-TAX) 1. Forecasted Revenue(2%growth rate) 80,199,625 81,803,618 107,637,200 115,828,391 2. Rate Increase 23,723,049 5,920,046 6,370,561 3. Adjusted Revenue 80,199,625 105,526,667 113,557,246 122,198,952 4. Revenue Required 84,336,322 101,821,472 107,810,230 114,991,616 5. Additional Franchise Fees,Corp Charges 1,350,720 1,665,707 2,016,335 6. Adjusted Required Revenue 84,336,322 103,172,193 109,475,937 117,007,951 7. Excess(Deficit) -7,138,355 -4,136,697 2,354,474 4,081,309 5,191,002 8. Cumulative Excess(Deficit) -6,371,409 -10,508,106 -8,1.53,633 -4,072,324 1,118,678 9. Rate Adjustment Required 299/o 5.5% 5.5% ROE Calculation Attachment 4 A. EQUITY CALCULATIONS 1989 1990 1991 1992 1993 1. Beginning Stockholders'Equity 23,362,463 29,311,655 33,622,246 39,020,846 45,654,390 2. Less N.F's Portion of Altamont -119,004 -574,693 -271,095 3. Beginning Equity for ROE 23,243,459 28,736,962 33,351,151 39,020,846 45,654,390 4. Working Capital Adjustment 2,116,808 0 5. Stockholder Buyouts and Dividends 6. Allowed Earnings(post tax) 3,951,388 4,885,284 5,669,696 6,633,544 7,761,246 7. Retained Earnings(post tax) 8. Ending Equity for ROE 29,311,655 33,622,246 39,020,846 45,654,390 53,415,637 Reconciliation to Franchise F/S 8. N.F.'s portion of Altamont(temp dim 966,813 9. Excess Net Income -14,009 10.Cumulative Unadjusted Working Capital 0 12.Ending Equity per FIS 30,264,459 B. ALLOWED EARNINGS 1. Beginning Equity for ROE 23,243,459 28,736,962 33,351,151 39,020,846 45,654,390 2. ROE Percentage(%) 17% 17% 17% 17% 17% 3. Allowed Post-tax Earnings 3,951,388 4,885,284 5,669,696 6,633,544 7,761,246 4. Adjustments per 1990 HF&H Report 5. Prior Management Incentives 6. Current Management Incentives 7. Adjusted Allowed Earnings 3,951,388 4,885,284 5,669,696 6,633,544 7,761,246 C. REVENUE REQUIREMENTS 1. Adjusted Allowed Earnings. 4,885,284 5,669,696 6,633,544 7,761,246 2. Gross up for tax 33.64% 36.44% 37.00% 37.48% 3. Pre-Tax Income 7,361,404 8,919,865 10,530,000 12,413,820 4. Forecasted Expenses 77,917,918 86,598,227 90,447,803 95,139,726 5. Company Adjustments 143,000 8,143,000 143,000 143,000 6. Adjustment per HF&H Rate Review -1,086,000 -11,042,000 -2,697,000 -3,030,000 7. Other--$6 Alameda Cnty Measure D 9,078,420 9,259,988 10,185,987 S. Other--Facilities Mgmt Fee-$1/Ton 696,313 710,240 724,444 8. Revenue Required 84,336,322 102,393,826 108,394,030 115,576,977 D. EXCESS REVENUE(PRE-TAX) 1. Forecasted Revenue(2%growth) 80,199,625 81,803,618 108,471,597 116,173,080 2. Rate Increase 24,541,085 5,423,580 5,808,654 3. Adjusted Revenue 80,199,625 106,344,703 113,895,177 121,981,734 4. Revenue Required 84,336,322 102,393,826 1.08,394,030 115,576,977 5. Additional Franchise Fees,Corp Charges 1,439,150 1,702,237 1,992,853 6. Adjusted Required Revenue 84,336,322 103,832,976 110,096,268 117,569,831. 7. Excess(Deficit) -7,138,355 -4,136,697 2,51,1,727 3,798,909 4,411,904 8. Cumulative Excess(Deficit) -6,371,409 -10,508,106 -7,996,380 -4,197,470 214,433 9. Rate Adjustment Required 30% 5% 5% r Attachment 5 COMPARATIVE SCHEDULE OF REFUSE COLLECTION RATES Page 1 Of 24- e CONTRA COSTA COUNTY COMMUNITIES MAY 1990 PLEASANT BAN Community DAMYILLE LArAYE7TE ORINDA NORADA PACHECO ANTIOCE CLAYTON EILL RAHOM rALMUT CRxzr CONCORD XARTINEE PITTSBURG Effective Data of Rate. 2/1/90 2/1/90 2/1/90 2/1/90 2/1/90 2/1/90 3/30/90 111/90 6/1/89 1/1/90 5/1189 11/1/89 4/1/89 Deee,;jption of service Residential Backyard Service: One 32 gallon can per week 16.50 16.50 17.45 15.60 15.15 17.95 17.00 14.00 10.64 13.90 14.00 16.00 13.15 Second can rate .7.75 7.75 8.30 7.35 6.40' 9.00 9.50 6.25 - 7.60 4.90 13.50 13.15 Weekly trimming. quantity 2 Cane 2 Cans 1 Can 1 Can 1 Crn - - Varies - 2 Cans 2 Cans Unlimited - seasonal cleanup service Frequency per year 3 3 3 3 3 1 1 2 3 3 1 2 O Quantity 2 Cu yda 2 Cu yda 2 Cu yd. 2 Cu yda 2 Cu yda 2 Cu yda 2 Cu yda 2 Cans 3 Cu yda 2 Cu yda 2 Cu yds Unlimited -- Multi-Apartment Service: One 32 gallon can per week 13.65 13.65 12.50 12.50 11.30 18.80 -- 11.05 20.30 12.60 17.75 Varies 17.75 Commercial Service: One 32 gallon can per week 16.90 18.90 18.80 18.60 15.15 14.75 17.00 11.05 20.30 18.65 17.75 16.00 17.75 Second can rate 7.45 7.45 6.25 8.25 15.15 14.75 17.00 6.25 6.00 18.65 17.75 16.00 17.75 One-yard Bin One pick-asp weekly 71.20 71.20 71.95 71.95 89.45 83.00 83.00 87.25 76.46 60.85 --- --- Two pick-cps weekly 121.70 121.70 126.50 126.80 145.25 163.00 163.00 133.00 130.67 112.40 --- --- --- Rate per cubic yard (2 pick-ups) 121.70 121.70 126.80 126.80 145.25 163.00 163.00 133.00 130.67 112.40 -- --' 2,o-yard Bin One pick-up weekly 121.70 121.70 126.60 126.80 121.75 106.00 106.00 105.50 130.67 109.45 129.00 273.00 129.00 Two pick-ups weekly 222.70 222.70 235.50 235.50 243.60 212.0D 212.00 211.00 239.09 202.50 215.00 273.00 215.00 Rata per cubic yard (2 pick-ups) 111.35 111.35 117.75 117.75 121.80 106.00 106.00 105.50 119.55 101.25 107.50 - 107.50 To"r-yerd Bin Three-Yd Bin One pick-up weekly 222.70 222.70 --- -- •237.10 207.00 --- 209.50 239.09 203.60 172.00 -^ --- Two pick-ap. weekly' 424.00 424.00 -- --- 474.10 414.00 --- 43E.75 455.25 359.90 302.00 Rata per cubic yard (2 pick-ups) 106.00 106.00 --- --- 118.53 103.50 --- 104.69 113.51 89.97 100.67 --- �-- Percent of eomaareial customers (Note 1) 3% 3% 22 2% ,121 H/A H/A M/A 3t H/A H/A 3% N/A Drop Box Service: Largest container size (cv yd): 30 30 20 20 20 40 20 20 30 30 20 24 20 Rata per pull 371.10 371.10 255.05 255.05 260.90 225.00 234.00 246.75 396.45 339.00 240.00 290.00 240.00 Rate per c bie yard 12.37 12.37 12.75 12.75 13.04 5.63 11.70 12.34 13.26 11.30 12.00 12.08 12.00 Residential Recycling Program: C •C e Curbside (C) or Drop-off (0) C C C C C C C --- C G Monthly amount Charged customers .9S .95 .95 .9S N/C .85 .64 -- .95 .55 .7S N/c .80 Recyclables (Yes <Y>; No.<M>): N...paper. Y Y Y Y T Y Y --- Y Y Y Y Y Class Y Y Y Y Y Y Y --- Y Y Y Y Y Aluminium Cans Y Y Y Y Y Y Y --- Y T Y Y Y P.L.T. Bottles Y Y Y Y Y Y Y --- Y M Y Y Y Other y Reference to Footnotes A, B B C. 0 L H F, C, I A, H Refuse Disposal Sit..: 'contra Costa ontra Coate Contra Coates Contra Coate Landfill (CBF) (CBF) (GBF) (GHF) Transfer Station Ace Acme Acme Acme Area Aeaa Acme Acme Acme m Fee per ton paid by refuse collector 52.22 52.22 52.22 52.22 45.00 45.00 4S.00 52.22 52.22 $2.22 52.22 52.22 45.00 Terrain: M H H M M M M M K K F M M F - Flat M - Moderately Hilly H - Hilly . Refuse Collector valley Waste Valley Waste Orinda- Orinda- Pleasant Pie...nt Pleasant Pleasant Valley Valley Concord Martinez Pittsburg Management Hangement Horaga Horaga Hill Hill Hill Hill West. Waste Disposal Sanitary Disposal - Dispoeal Disposal Bayshore Bayshore Bayshore Bayshore Menagem..t Management Service - Disposal Disposal Disposal Disposal Attachment 5 Page 2 of 2 COMPARATIVE SCHEDULE OF REFUSE COLLECTION RATES OTHER BAY AREA COMHUNITIES MAY 1990 Fuuu YusrA: LARkeraa LArJ97DE Loa ALros EmEOOa Txsz oAU.AxD/xoRrcl.AZf: EL sae Atroe EILL CITY sAx Joe: 9A7/11990 u.aL/1190 CovunSty LITnI%ORS DIIBLI% DZ2 T%lCT tZCDMONT clatia O RICIflfOND (FLAT) (EZLL7) TILL BOAOOOX (FLAT) Wily) CLLactiv. Data of Rstaa 1/1/f0 1/1/f0 1/1/90 1/1/90 1/i/a9 7/1/at {/1/f0 4/1/90 10/1/6f 1/1/90 1/1/90 9/13/t9 13/1/{7 10/1/69 7/1/9f 7/1/97 1)1/f0 ,•-S�rf on a Se rv�ce • R..id B:.kyard SsrVica: 3.15 --- One ]3 q+lion can per vaek T.t2 5.70 7.20 7.40 9.00 10.37 9.65 11.73 11.17 10.20 17.65 1=•01 1,0•90. 67.39 91 6.90 SO.SS 6.11 Sarnnd can rata 4.]0 ].95 7.30 5.00 5.50 a.57 ■.4S 3.44 10.07 6.10 7.40 Neekly trimmings quantity Nona Nona Nona None Nona None 1 Cu yd 1 cu yd Nona 1 Can 1 Can Nona Nona Nona Unlimitsd Non• ".limited Seasonal cleanup service 2 2 1 1 ] / 2 0 t 1 Frequency per rear I 4 1 0 2 2 2 altsd Quantity Unlimited Un1lmStad Unlimited Hona 14 N yd"1}Cu rd unlimltad Unlimited 6-32 Gal ] N yds 1 Cu yds Unlimited Unlimited 3 Cu yds Hone 1 Cu yd GM Multi-Apartm.nt Service: -- 11.95 15.60 11.95 -^ 7.67 Not.4 10.15 ].t3 One 32 gallon can per week 7.42 5.70 4.10 6.70 9.00 10.27 9.45 11.75 Commercial Servlca: - 11.95 15.60 11.51 •9.65 7.67 Net* / I0.15 3.93 one 32 gallon can par reek 7.42 5.70 7.42 7.40 9.00 37.70 10.10 12.19 6.40 7.60 11.51 7.65 6.91 10.15 2.29 Second can rata 4.30 5.70 7.42 7.10 9.00 11.10 10.10 12.1{ 1.<-Td Bln 1.3-Yd BSn rd 151D --- 46.00 66.00 70.15 66.05 50.7E 36.01 39.00 17.67 Ona pick-up v.ekly ]1.95 29.]0 31.05 71.10 60.13 69.70 43.41 42.43 --- Tvo pick-ups weakly 40.44 56.60 62.10 66.15 96.3E 119.90 105.66 105.64 110.00 110.00 122.{7 116.90 {7.74 Sf.t7 74.00 ] t Rata pe cubic yard sS.93 77.23 97.76 31.93 73.00 35.34 (2 picr k-ups) 60.44 36.60 66.10 66.15 96.30 116.90 105.96 105.36 110.00 110.00 Three-Td Bin 7tfree-Te Binrnree-7d Din 7'h re rTd Bin Ty -yard Bln 117.67 116.90 96.26 56.23 79.00 35.37 One pick-up wekly 57.94 52.20 62.29 {2.35 109.]0 112.00 107.7{ 107.7{ _-- 369.00 167.00 Two pickwpa weakly 106.10 93.60 115.06 115.25 165.60 240.00 192.]7 192.37 ]13.00 713.00 236.49 307.30 193.32 303.92 136.00 70.6E Rata per cubic yard 10<.00 10{.00 76.16 67.73 96.36 34.49 79.00 75.33 (2 pickwp.] 33.10 46.90 57.53 S7.63 12.20 120.00 96.19 99.1{ •7m.:r-vnrd Bin 'n+ree-Td Ein ==x"in n Fiva-Td BSD r1ye-Yd Din SSz-Td Bin �,,Sr-Td eSn ySe-Te eln ^- Ona pick-up v«k1T 107.71 96.65 116.00 116.30 191.10 15].15 153.15 - 245.00 349.00 212.12 170.20 107.31 109.67 - 70.67 To plckwp.weekly 205.{9 160.05 319.61 220.20 --- 75].10 179.94 27{.99 469.00 469.CJ 321.74 369.30 165.32 209.53 141.74 Rate per Cubic yard (2 pick-ups) 51.37 45.01 54.96 55.05- 60.31 92.96 92.96 -- 97.sC 91.30 54.96 4,0.3t L1.7f 52.15• ]5.71 Percent of commercial customers (Not. 1) 5% tat at N/A 42 N/A 6t 0% at 401 0% 152 1% 5% St l9t 242 Drop Box Service: Largest container.L.. ^- _^ (cu yd)t 40 30 50 50 20 40 It 19 40 - {0 a0 50 N Rata par pull 222.00 144.00 297.00 297.50 190.00 716.00 30].00 207.00 764.00 410.00 216.00 9)0.00 N/A Rata per cubic yard 5.55 4.60 5.94 5.95 9.50 6.40 ^- 11.17 11.16 9.15 10.25 6.13. 16.40 N/A Residential Recycling Program: C ___ --- Nrbsida (C) or Drop-off (D) C -- --- C --- C C C C C C C C Monthly amount charged customer. N/C -- -- --- .50 -- 1.75 1.75 .l] 1.75 1.75 N/C .2i -IC 1.75 Reryclablas (Yes <T>; Mo<N>]: y __ Newspapers Y -^ --- --- T -^ Y T Y T T _-- T T T ^_ Class T --- _-_ __- Y -- Y T .Y S T T T T T Aluminium Can Y --- Y --- Y T Y T Y T P.C.T. Bottles N -- --- --- T -^ Y L T Y T T Other --- Reference to Footnotes J J, K J. L J J, N, N L, Q O, P, R O, P, A J. s. T P, R P, R J, o, T, Refuse Disposal Sites: Landfill Altamont Altamont N. Contra N. Contra Redwood Redwood Navby Navby Ox Newby 4.dwood Tolo Co. Coat. San.Costa San. Sanitary Sanitary Island Island Mountain Ialang 5antlary Transfer Station Oakland Davie BrI, Merin Res. Karin Ras. scavenger Street San Carlos Recovery Recovery Fee par Lon paid by refuse 14.5c collector Not. 3 Note J Note 2 Note 2 11.20 Note 2 22.00 22.00 ]I.OD Note 1 Hot. 2 ]1.00 19.65 34.00 17.29 21./0 JOL F 7 Terrain: F F M II F M F H 701 11 F H N M M M M F - Flat M -Moderately Hilly 11 - IS illy vas[ Alchmond Fairfax Fairfax Brovnl Karin Karin Los Altos Los Altos Browning- Nast. Bay Cities Refuse Collector Liv.rmore/ Livermore/ Oakland Oakland Feat B.y saniter - Garbs Carba FerrI. 5anit+r sanitar Garbage Grbage Ferris Management Refuse Man+ge.cn Dublin Dublin scavenger Sraven9er San Mary 7 g` g` y y Secvlce DlspO Sal D(apnsal CITY OF DUBLIN HISTORICAL COMPARISON OF SELECTED GARBAGE RATES 1986 - 1990 Prior to April 1, 1986, the Dublin San Ramon Services District (DSRSD) held the franchise for garbage service. The rates charged by DSRSD were: Residential: Commercial/Bin Service: 1 can $ 5. 05 $4.75 per cubic yard not compacted 2 cans $ 8. 55 3 cans $12 . 05 The City of Dublin assumed the franchise role effective April 1, 1986. At this time, the rates were reduced. The City Council lowered the franchise fee collected and implemented a commercial rate reduction which had been recommended to DSRSD by the Joint Rate Review Committee. Residential: Commercial/Bin Service: 1 can $ 4 . 90 $4. 15 per cubic yard not compacted 2 cans $ 8. 30 3 cans $11.70 No change in the rates occurred until January 1, 1990. At this time, the following rates were implemented to offset increased costs incurred by the garbage company: Residential: Commercial/Bin Service 1 can $ 5. 70 $4.80 per cubic yard not compacted 2 cans $ 9. 65 3 cans $13 . 60 Effective July 1, 1990, in response to State Legislation, the City Council implemented a residential curbside recycling program. This program is operated using the same contractor, however, the program is not a franchised operation. The recycling program cost is. $1.25/month for single family customers. In addition, a 20 cent surcharge was added to single family customers to cover the cost of a Household Hazardous Waste Collection. A surcharge of 15 cents per cubic yard was added to residential units using bin service. The rate structure effective July 1, 1990 is as follows: Residential: Commercial/Bin Service 1 can - Garbage Disposal $ 5.70 Non Residential $ 4 .80 per cubic yard Recycling Surcharge 1.25 not compacted HHW Surcharge .20 Total 1 can $ 7. 15 Residential Bin Service 2 cans Garbage Disposal $4 .80 per cubic yard (Includes surcharges) $11. 10 not compacted 3 cans HHW Surcharge . 15 per cubic yard (Includes surcharges) $15. 05 Total $4. 95 per cubic yard a:histgarb.doc.psr rEAVOIRIT �ffi i-- I ALTERNATIVE REFUSE RATE STRUCTURES December 3, 1990 I EXHIBIT HILTON FARNKOPF&HOBSON Advisory Services to —E Municipal Management 39350 Civic Center Drive,Suite 380 Fremont,California 94538 Telephone:415/797.0654 — Fax:415/797-0615 December 3, 1990 Joint Refuse Rate Review Committee Members ALTERNATIVE REFUSE RATE STRUCTURES Dear Committee Member: This report presents the results of our survey of alternative refuse rate struc- tures, which was conducted in accordance with the procedures described in our October 5, 1990 engagement letter. The results of our survey provide the members of the Committee with informa- tion which may assist them in revising their current rate structure, as one method to help in the achievement of AB 939 waste diversion goals. We appreciate this opportunity to be of service to you and we are available should you require assistance in the revision to your existing rate structure. Sincerely, f4bert D. Hilton, CMC Managing Partner Attachment - As stated t t ALTERNATIVE REFUSE RATE STRUCTURES BACKGROUND Most Alameda County jurisdictions' rate structures make it less expensive to throw away more material. For example, Hayward single -can residential cus- tomers pay $7.30 per can while three can customers pay $5.63 per can. And in Oakland, commercial rates decline from a cost of$36.05 per cubic yard for two cubic yard customers to $30.41 per cubic yard for eight cubic yard customers. These structures were appropriate when disposal costs were a relatively small part of the total collection and disposal cost. As recently as 1983, the disposal por- tion of the collection and disposal rate in Alameda County was only 16%. The marginal cost for the extra container or yard was largely the labor cost that declined with the volume of waste collected. In 1991, landfill disposal costs are projected to equal more than 26% of refuse collection and disposal rates. Based on recent projections for the Tri-City jurisdictions, the cost of disposal could. rise to as high as 40% of the total collection and disposal rate by the mid-1990s. The Integrated Solid Waste Management Act of 1989 (AB 939) established aggres- sive waste diversion goals with stiff penalties for those jurisdictions that do not comply. Jurisdictions that do not already have curbside residential recycling programs are investigating alternative programs or implementing pilot; pro- grams. In addition, jurisdictions will have to implement or provide incentives for commercial recycling in order to meet the AB 939 goals. These changing conditions require that the jurisdictions divert waste from land- fill disposal. By amending their current rate structures, the jurisdictions may provide an incentive to customers to reduce their volume of waste. RESIDENTIAL RATE STRUCTURES Basic Collection Following are three types of rate structures for achieving the objective outlined above. Similar rate structures have been implemented or are being investigated by many jurisdictions around the country: • Uniform Rates; in which ratepayers would pay the same rate per can, despite the number of cans collected and disposed of. Several Alameda County jurisdictions have implemented uniform rates for residential and commercial collection services, including Alameda, Oakland and Fremont. Uniform rates provide incentives for recycling and waste reduction. But, some customers who dispose of large volumes may experience sig- nificant rate increases and object to this practice. • Phased-In Uniform Rates; in which rates would be phased-in to a uni- form rate structure over three years. Advantages of phased-in uniform rates are similar to uniform rates, but.incentives to recycle are not realized as quickly. Disadvantages are also similar, but the degree of significant rate increases is reduced. _ Increasing Rates; in which ratepayers would pay an increasing rate for each can collected and disposed of.. Advantages and disadvantages of increasing rates are identical to uni- form rates, but are realized to a higher degree. The differences in these alternatives are not differences in effect, but differences of degree. Each alternative encourages reduction and recycling; rewards those currently reducing waste disposal; and, helps extend landfill capacity. Each alternative is likely to be objected to by customers who dispose of large volumes of waste. As the per-can rate is increased, these advantages and disadvantages will be compounded. Associated Effects Even without the implementation of recycling programs, a rate structure revi- sion alone may have some effect on the number of multi-can customers. For example, after the City of Seattle switched from a fixed charge for unlimited ser- vice to a uniform charge in 1981, the number of multiple-can customers dropped from just over 80% to about 68% by 1985. In 1986 and 1987, due to large disposal cost increases, the number of multiple can customers dropped to 39.5% by 1988. In revising the rate structure, it is important to consider additional effects such as: __. Customers may reduce the volume of waste by increasing the com- paction rate of the waste, which would not reduce disposal costs or extend landfill capacity. • Customers who dispose of large volumes of waste may increase the amount of illegal disposal of waste. (This may include placing refuse in recycling or yardwaste containers, or illegal disposal in commercial bins.) Potential aesthetic and health problems may arise due to illegal dumping. • Commercial and apartment customers may request smaller containers to a degree that exceeds the Company's resources to provide them over the short term. 2 Related Service Level Changes - The jurisdictions' staff expressed interest in evaluating the effects of changes in the basic collection rate structure to encourage further waste reduction and recy- cling. Yardwaste Collection Rate To provide greater incentives for composting yardwaste, jurisdictions may want to evaluate the impact of charging separately for yardwaste collection. This would provide an economic incentive to residents to compost yardwaste in their backyards and still provide an alternative for those who wish to pay to have it hauled away and composted. In 1989, the City of Seattle established a separate rate for yardwaste collection. They set the rate at $2.00 per month - low enough to encourage residents to sub- scribe and yet high enough to continue to provide an incentive for backyard com- posting. More than 62% of the residences subscribed to the service, diverting 15% of the residential waste stream. Valley Waste Management recently began a pilot yardwaste program in the City of Walnut Creek. The program involves 2,000 homes. During the pilot's first week, 17.6% of the homes set out approximately 10 tons of yardwaste for collec- tion. Valley Waste Management hauls the yardwaste to Berkeley Recycled Wood Products, where it pays a $30 per ton tipping fee to have the yardwaste composted. i This represents a $22 per ton savings (excluding the additional haul costs) over its normal tipping fee paid at the Acme Transfer Station. Mr. Ron Proto, Valley - Waste Management's General Manager, stated that he believes that the cost associated with separate yardwaste plus regular residential waste collection will be more than the current cost of mixed collection. He is uncertain whether the disposal savings would offset the increased operating costs. Thus, the cost to the ratepayer who chooses not to compost the material himself could be higher than the current mixed collection rate. As noted above, the Seattle experience shows that as participation in yardwaste ` and recycling programs increase, the level of collection service subscribed to by the residents decreases. The jurisdictions should consider the Seattle experience as representative of the results that are possible with an integrated approach to waste reduction and recycling. Mini-can Service Rate Some jurisdictions have provided mini-can service for those who produce less than 32 gallons of waste per week. The mini-can is typically about 20 gallons. Jurisdictions could provide the mini-can rate as a significant incentive to resi- dents to support curbside recycling and yardwaste programs. 3 The City of Seattle began a "super-recycles" rate (or mini-can service) in 1989. The service was priced about 20% below the single can service rate. Over 22% of _-_ the City residents signed up for mini-can service in the first year. These results are significantly better than the experience of Alameda County jurisdictions that offer a similar service. Oakland Scavenger Company reports that less than one percent of residents in Alameda, Fremont, Newark, and Union City have subscribed to the mini-can service. The discount offered in these cities is approximately $1.00 per month, or 15%. The difference in results is probably attributable to the amount of advertising done in the cities and the synergistic effects of the curbside and yardwaste pro- grams. The City of Seattle heavily and widely advertised the mini-can service. The Alameda County cities have not promoted the mini-can alternative. In addi- tion, composting programs are not available in the Alameda County cities as they are in Seattle. The City of Seattle also offers bag tags that residents may purchase and place on additional bags of refuse placed out for collection on those occasions where addi- tional capacity is needed. The bag tags may be used at any level of service (mini- can, single can, multiple can, etc.). The bag tags are priced such that the cost is more than subscribing to an additional can and provides an incentive for cus- tomers to keep waste to a minimum. Oakland Scavenger Company offers a similar service to residents in Alameda County. The company's "Bag It" program allows residents to purchase plastic bags with the "Bag It" program name printed on it. These bags are picked up in addition to the regular cans subscribed to by the resident. COMIIIM RCIAL RATE STRUCTURES Basic Collection Much less has been done to commercial collection rate structures to provide eco- nomic incentives to commercial establishments to participate in recycling pro- grams. In most jurisdictions, commercial collection and disposal has been unregulated. Businesses are free to contract with any hauler for collection ser- vices. This is true even in some jurisdictions that have actively regulated resi- dential service, such as San Jose and Seattle. Where exclusive recycling franchises do not exist, recyclers have for many years identified those businesses with high-recyclable-content waste and aggressively competed for their recyclable collection business. This "cherry-picking" approach means that most of the lucrative, serviceable businesses are already participating in some sort of recycling program. 4 The target of most commercial recycling programs sponsored by municipal agencies is to encourage smaller businesses to separate their trash for recycling. - These businesses a r e generally interested in participating in recycling programs only if they perceive an economic benefit in doing so. Rate structures similar to those described above for residential collection (uniform, phased-in uniform, and increasing rates) could provide that economic benefit. The advantages and disadvantages are the same for commercial collec- tion as described for residential collection. In addition, another disadvantage to using uniform or increasing rates to influence business behavior is that many businesses do not pay their garbage bills directly. Building owners or landlords pay the bills, so there is not a direct relationship between higher rates and incen- tives to participate in commercial recycling programs. Several jurisdictions in the Bay Area have recently implemented uniform rates for commercial collection services. The Central Contra Costa Sanitary District and City of Walnut Creek recently approved the phase-in of uniform rates over a _ three year period. The cities of Hayward, Oakland and Alameda charge on a uniform basis by the cubic yard for front-end loader service. Because a detailed analysis of customer subscription levels prior and subsequent to the change to uniform rates has not been performed, we do not know whether these structures have led to increased commercial recycling. Alternative Annroaches Based on our survey of state PUCs that regulate solid waste collection services and other jurisdictions across the United States, we identified two other approaches to providing commercial recycling incentives. The first, which is applied in some jurisdictions in the State of Washington, affects the collection rate for recyclables. The second, a variation of which is being used in jurisdic- tions from Oregon to New York, affects the tipping fee at the landfill or recy- clables processing facility. -- Recyclable Collection Rate Approximately two years ago, two private collection companies in Washington — petitioned the State PUC for special collection rates for recyclable material in connection with processing facilities that they had built. The PUC established a recyclables collection rate that is approximately 80% of the regular refuse collec- tion rate. The 20% discount is intended to represent the differential between the cost of disposal and the net cost of processing the material at the processing facil- ity. A commercial establishment with one four-cubic-yard bin serviced once a week might subscribe instead to one two-cubic-yard bin for regular refuse and one two- _ cubic-yard bin for recyclables (corrugated cardboard, glass, white paper, etc.). I ' The charge for the recyclable bin is 20% less than a regular bin, lowering the business' overall monthly garbage bill. C 5 The obvious disadvantage to this approach is its susceptivity to the recyclable markets. If the net cost for processing a particular product falls below the land- - fill disposal cost because the market price for that recyclable falls significantly, then the'haulers will either stop collecting that product or will lose money at the regulated rate. This approach is most successful in areas where landfill dis- posal fees are relatively high. (Specific data regarding the effectiveness of this approach was not available from _ the Washington State PUC staff. They are currently gathering data to perform i such an evaluation.) Mpping Fees Several jurisdictions use a variation of a credit to the hauler on the disposal fee for recyclable-rich loads. This approach is very similar to the recyclable collec- tion rate approach described above and results in essentially the same collection rate impact. In Eric County, New York, haulers that recycle at least fifteen percent of the waste they collect pay $35 per ton at the landfill for all other waste disposed of. Haulers that do not separate at least fifteen percent pay $50 per ton. This pro- vides the haulers the incentive to separate the recyclable materials for process- ing. Some landfills in Oregon charge haulers a tipping fee that is based on the per- ' tentage contamination (or, conversely, percentage recyclable) of the load. For regular mixed municipal waste, haulers are charged $16.70 per ton. Loads that are 50% recyclable are charged $16.00 per ton. "Clean" loads, those that are 100% recyclable, are charged $3.00 per ton. Charges for recyclables between 50% and 100% are based on a sliding scale. FINDINGS Based on our search of industry periodicals, discussions with staff of over a dozen jurisdictions across the country, and discussions with other consultants involved in the solid waste industry, we have been unable to identify a significant amount of data upon which to draw any conclusions. Few jurisdictions have modified their rate structures to encourage recycling and even fewer have data to identify the impacts on residents and businesses. However, we believe that there is a logic to the uniform rate structure approaches, that may have the impacts desired by the Alameda jurisdictions. Based on our review, we believe that: 1. Uniform or increasing rates would provide incentives to ratepayers to reduce their waste volume. 2. Increasing rates, or immediate adoption of uniform rates may cause sig- nificant rate increases to some customer classes. Phase-in uniform rates would reduce the initial percentage increase to some customer classes. i . f. . 6 3. There is a direct relationship between the separate collection of yardwaste and the level of collection service subscribed to by the residents. 4. Mini-can service provides a significant incentive to reduce the amount of waste generated, particularly when combined with curbside recycling and yar.dwaste programs. 4 5. A bag tag system of providing temporary extra disposal capacity can be used as an incentive for residents to subscribe to the lowest level of regular G. collection service. 6. Few jurisdictions are currently using commercial rate structures to encourage recycling. Many, however, are investigating this approach. 7. Several jurisdictions use separate recycling rates or tipping fees to encour- age commercial recycling. RECONEVIENDATION We recommend that the jurisdictions revise their current rate structures to a uniform structure, phased-in over a three year period.. This will reduce the impact of the associated effects, reward ratepayers who have reduced their dis- posal volumes and encourage others to do likewise. This change in behavior may contribute to the jurisdictions' goal of extending landfill capacity and meeting AB 939 requirements. However, based on the lack of data regarding the impact of rate structure changes on ratepayers' behavior, we cannot estimate what the specific impacts will be in Alameda County jurisdictions. RATE STRUCTURE DEVELOPMENT The actual development of each jurisdiction's rate structure is dependent upon the following variables, which may differ between jurisdictions: • The timing of the implementation of the new rate structure; • The number of customers by customer classification; and C 0 The degree to which customers reduce their regular garbage service. We would be pleased to assist interested jurisdictions in developing a rate model to calculate the specific impacts of these or other variables on its rates. PROPOSED OPTIONS FOR 1991 RESIDENTIAL GARBAGE RATE ADJUSTMENT (Updated December 5, 1990) SINGLE FAMILY SERVICE Option A Option B Option C Option D 300 25% 20% 15% One Can Service Current Across Bd on 1st can on 1st can on 1st can Garbage Collection/Disposal $5.70 $7.40 $7. 10 $6.85 $6. 55 Surcharge for Recycling 1.25 1.25 1. 25 1.25 1. 25 Surcharge for HHW .20 . 20 . 20 . 20 . 20 Total Single Can $7. 15 $8.85 $8.55 $8. 30 $ 8 . 00 Two Can Service Garbage Collection/Disposal $ 9. 65 $12.55 $13 .40 $13 . 55 $13 . 70 Surcharge for Recycling 1.25 1.25 1.25 1.25 1.25 Surcharge for HHW .20 .20 . 20 . 20 . 20 Total Two Cans $11. 10 $14. 00 $14.85 $15. 00 $15. 15 Three Can Service Garbage Collection/Disposal $13. 60 $17.70 $19.70 $20.25 $20. 85 Surcharge for Recycling 1.25 1.25 1.25 1.25 1. 25 Surcharge for HHW .20 . 20 . 20 . 20 . 20 ._ Total Three Cans $15. 05 $19. 15 $21. 15 $21.70 $22 . 30 Each Additional Can Garbage Collection/Disposal $ 3 . 95 $ 5. 15 $ 6. 30 $ 6.70 $ 7 . 15 PROPOSED COMMERCIAL GARBAGE RATE ADJUSTMENT Excludes Container Rental Rate Prepared December 5, 1990 COMMERCIAL RATES Current 30o Across Board Non-Residential Cost per Cubic Yard $ 4 .80 $ 6. 25 Multi-Family Residential Cost per Cubic Yard Garbage Collection/Disposal $ 4. 80 $ 6. 25 Surcharge for HHW . 15 . 15 Total $ 4 . 95 $ 6. 40 Compacted Material Per Cubic Yard $ 9. 60 $12 . 50 a: 12-5gar.doc.psr C _k AGREEMENT TO SUBMIT A JOINT APPLICATION FOR NON-DISCRETIONARY HOUSEHOLD HAZARDOUS WASTE (HHW) GRANTS BETWEEN THE CITIES OF DUBLIN, LIVERMORE, AND PLEASANTON WHEREAS, the Cities of Dublin, Livermore, and Pleasanton jointly conducted a Household Hazardous Waste Collection on May 5, 1990; and WHEREAS, each City entered into an identical agreement with Chemical Waste Management, Inc. , to provide services at the event; and WHEREAS, Staff representatives from each City contributed towards the planning and implementation ; and WHEREAS, the participating cities jointly funded the program through either a general fund payment or the addition of a surcharge to the garbage rate; and WHEREAS, the California Integrated Waste Management Board has announced a grant program for agencies which conducted HHW •events in Fiscal Year 1989-90; and WHEREAS, in the interest of consolidation, the Cities of Dublin, Livermore, and Pleasanton have agreed to submit a single grant application; and WHEREAS, the City of Livermore has agreed to serve as the "Lead Agency" for the receipt and distribution of funds . NOW, THEREFORE, the Cities of Dublin, Livermore and Pleasanton hereby agree to submit a joint grant application, with the City of Livermore acting as the Lead Agency. The Cities agree that the total cost of the May 5, 1990 event was $161 , 451 .50 . Further, the Cities agree that any grant funds received by the City of Livermore shall be distributed to the Cities based on the agencies, percentage of the total cost as shown below: Amount Paid Percentage Dublin $ 22, 659 . 00 14% Livermore $ 78, 420 .45 49% Pleasanton $ 60, 372 . 06 37% C. Ric and C. Ambrose City Manager Dublin Date Deborah Acosta, City Manager Pleasanton Date Ci fee 'Horner, City Manager Livermore Date E G