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HomeMy WebLinkAbout041712-F-2706-Refuse-Cost-of-Service-Study City of Palo Alto (ID # 2706) Finance Committee Staff Report Report Type: Informational Items Meeting Date: 4/17/2012 April 17, 2012 Page 1 of 3 (ID # 2706) Summary Title: FY 2013 Refuse Rate Increase Title: Recommended Refuse Residential Rate Increase Effective Fiscal Year 2013 From: City Manager Lead Department: Public Works Recommendation Staff recommends that, the Finance Committee recommend to Council that effective FY 2013, 1) residential refuse rates be increased to the following monthly amounts: $23.69 for minican, $41.54 for 32-gallon, $77.74 for 64-gallon, $111.66 for 96-gallon, and $140.30 for 128-gallon and 2) that commercial refuse rates not be increased. Executive Summary This report provides the Finance Committee with staff’s recommendations for the increases for residential refuse rates effective FY 2013. The recommendations are based on Finance Committee’s direction to staff at the March 6, 2012 Finance Committee meeting. The recommended rate increases are based on the results of the recent refuse cost of service study, and implement fixed rates for Street Sweeping service, Household Hazardous Waste service, and the Annual Clean-up Day service that were developed by the study. Background At the March 6, 2012 Finance Committee (see Attachment B for meeting minutes), staff presented the most current results of the Refuse Cost of Service Study. The cost of service study identified a projected imbalance between the residential and commercial sectors of ratepayers, in which residential revenues are less than expenses while commercial revenues are greater than expenses. Staff recommended that this sector imbalance be corrected using a three-year, phased approach in which residential rates would be increased each year until residential revenues were equal to residential expenses. Staff also recommended that the increase for each of the three years consist of a combination of a fixed and variable increase, where the fixed and variable increase would each generate approximately one-half of the revenue needed. The approximate rate increases for each garbage can size resulting from this approach for FY 2013 were provided in an attachment to Staff Report No. 2409 (Attachment A), where they were labeled “Option 8”. April 17, 2012 Page 2 of 3 (ID # 2706) The Finance Committee directed staff to increase residential rates for FY 2013 by adding the fixed costs developed by the cost of service model for Household Hazardous Waste service and the Annual Clean-up Day service, and increasing the existing residential fixed monthly charge to equal the fixed cost developed by the cost of service model for Street Sweeping service. The Finance Committee additionally directed that the increase under this approach for any garbage can size should not exceed the FY 2013 rate shown in the “Option 8” attachment. Staff’s interpretation of the Finance Committee’s direction is that each garbage can size should have a fixed increase consisting of the fixed costs described above, but that the minican and 32-gallon variable rates should be reduced so that the total increase for those sizes does not exceed the increase that was shown under “Option 8”. Discussion In FY 2012, City Council approved a fixed refuse rate of $4.62 per month for all residential customers. This approach of using a fixed rate increase instead of a percentage increase to the existing rates was intended to ensure that the projected revenue increase would be realized and to raise rates for smaller garbage can sizes by a higher effective percentage than those for larger sizes to begin moving smaller cans into fuller cost recovery. The $4.62 per month rate was not related to a specific service, but was calculated based on revenue needs for FY 2012. The recommended increase to residential refuse rates for FY 2013 is the first in a three- year program of increases that will eliminate the projected imbalance between the residential and commercial sectors. The recommended increase for FY 2013 uses the results of the cost of service study to replace the existing $4.62 per month fixed rate with a fixed rate for Street Sweeping service of $6.66 per month, while adding fixed rates for Household Hazardous Waste service and the Annual Clean-up Day service of $1.07 and $2.17 per month, respectively. For the minican and 32-gallon rates, the variable portion of the rate is decreased by $2.11 and $1.22, respectively, so that the total rate does not exceed the rate that was shown in the “Option 8” attachment. Rates for the 64-gallon, 96-gallon, and 128-gallon sizes are less than what was shown in Option 8. Street Sweeping, Household Hazardous Waste, and Annual Clean-up Day services are already funded through the existing refuse rates. Charging fixed rates for these services increases transparency regarding costs for the services that are funded by refuse rates, while reducing the level of conservation pricing in the rate structure, as effective rates for smaller can sizes will increase by a higher percentage. The fixed charges for Street Sweeping, Household Hazardous Waste, and the Annual Clean-up Day will be individually itemized on the monthly bill.. The recommended residential rate increases for FY 2013 are presented in Table 1. The fixed and variable rates in Table 1 have been summed to show the total rate for each April 17, 2012 Page 3 of 3 (ID # 2706) garbage can size. Table 1: Recommended FY 2013 residential rate increases FY 2012 FY 2013 Increase ($) Increase (%) Minican $20.52 $23.69 $3.17 15% 32-gallon $37.48 $41.54 $4.06 11% 64-gallon $72.46 $77.74 $5.28 7% 96-gallon $106.38 $111.66 $5.28 5% 128-gallon $140.30 $145.58 $5.28 4% No changes to commercial rates are recommended for FY 2013. Refuse Fund revenues in excess of expenses will be directed to a Commercial Reserve dedicated to commercial programs and commercial rate stabilization. Timeline Proposition 218 notices will be sent to refuse customers in May 2012. Following City Council adoption in June, the new rates will become effective on July 1, 2012. Resource Impact The proposed residential rate increases are projected to generate incremental revenues of $0.85 million in FY 2013 Policy Implications The proposed refuse rate increase is consistent with current City policies. Environmental Review The proposed actions do not constitute a project pursuant to CEQA. Attachments: Attachment A Staff Report ID #2409 (PDF) Attachment B Finance Committee Action Minutes from March 6, 2012 (DOC) Prepared By: Brad Eggleston, Manager Solid Waste Department Head: J. Michael Sartor, Director City Manager Approval: ____________________________________ James Keene, City Manager City of Palo Alto (ID # 2409) Finance Committee Staff Report Report Type:Meeting Date: 3/6/2012 March 06, 2012 Page 1 of 13 (ID # 2409) Summary Title: Refuse Cost of Service Study Results Title: Results of Refuse Cost of Service Study and Plan for Restructure of Refuse Rates From:City Manager Lead Department: Public Works Recommendation Staff recommends that the Finance Committee recommend to the Council that: 1)Residential refuse rates be increased over a short term, but phased approach, to stabilize the Refuse Fund and avoid a projected sector imbalance between the residential and commercial ratepayers; 2)New residential rates for FY 2013 be structured using both a fixed and a variable component with the fixed component representing the cost for street sweeping developed by the cost of service model; and 3)A special rate stabilization and commercial outreach reserve dedicated to the commercial sector be established and the Refuse Fund’s expected revenues over expenses for FY 2013 be directed into this commercial reserve, with no change in commercial refuse rates in FY 2013. Executive Summary This report provides the results of the Refuse Cost of Service Study and makes recommendations for residential refuse rate changes. The Cost of Service Study (COSS) concludes that the existing rate structure results in a commercial and residential imbalance where the residential rates are not at a full cost recovery level while the commercial rates are in excess of expenses. Accordingly, the COSS recommends new residential rates that would bring the residential sector to a position of full cost recovery. Much of this imbalance has been caused by the past “conservation pricing” program, the incentive pricing system which lowers the cost for small garbage can sizes to encourage waste reduction. Staff recommends that new residential refuse rates which would eliminate the residential sector subsidy be phased in over a short term period not to exceed three years.Staff does not recommend that conservation pricing be fully eliminated over this three-year period. However, staff does recommend introduction of a flat rate component which would, in effect, reduce the level of conservation pricing. March 06, 2012 Page 2 of 13 (ID # 2409) Background In August 2010, the Refuse Cost of Service Study (COSS) was initiated in response to falling revenues in the Refuse Fund and the need to reevaluate the refuse rate structure. A particular concern was that refuse rates were based entirely on garbage can size, but expected to fund a broad range of programs including garbage collection and disposal, yard trimmings collection and processing, recycling collection and processing, commercial organics collection and processing, street sweeping, household hazardous waste, the Palo Alto landfill, and the annual clean-up day. As residents switched to smaller garbage can sizes through the success of the Zero Waste programs and as the economic downturn impacted services provided to businesses, revenues declined sharply. In addition to developing a rate structure that would result in more stable revenues, the COSS was also expected to address California’s Proposition 218. Proposition 218 requires that property-related fees, including refuse rates, be no greater than the cost to provide the service. At the time the last COSS was conducted Proposition 218 did not apply to Refuse rates. In 2011, in an effort to address some of the early findings of the COSS and to avoid exacerbating the sector imbalance, the Council implemented a flat rate residential rate increase of $4.62 that became effective in October 2011. In addition, Council authorized a $1.25 Million short term General Fund loan to ensure the overall health of the fund during the preparation of the COSS. Discussion This report provides information on the current financial outlook for the Refuse Fund, the residential rate structure proposed by the COSS, and options for modifying the residential rates. This information is based on the draft FY 2013 budget for the Refuse Fund, and the financial outlook and proposed rates will be updated when the FY 2013 budget is finalized. Refuse Fund Financial Outlook The cost of service model that has been developed during the study includes a 10-year financial forecast that analyzes expected revenues and expenses for each year. Table 1 provides the model forecast for Fiscal Years 2013 through 2016, as well as the projected revenues and expenses for FY 2012. These figures represent the base financial outlook in that they do not assume any changes to the current refuse rates. These figures also assume that the authorized General Fund loan of $1.25 million to the Refuse Fund for FY 2012 is not utilized, and therefore does not need to be repaid in FY 2013. The authorized loan amount was reduced to $625,000 at mid-year to maintain a safeguard because the current FY 2012 projections are not certain. While these numbers are projections in the out years and will be refined from year to year, the model is an important tool in achieving rate stabilization in the Refuse Fund. March 06, 2012 Page 3 of 13 (ID # 2409) Table 1: Refuse Fund Base Financial Outlook (thousands of dollars) Fiscal Year (FY)2011 (actuals) 2012 (projected) 2013 (model) 2014 (model) 2015 (model) 2016 (model) Revenues 31,488 31,083 28,958 28,958 28,958 28,958 Expenses 31,435 31,116 27,711 27,439 28,059 28,705 Change in Net Assets 53 0 1,247 1,519 899 253 Operating Reserve 53 53 1,300 2,819 3,718 3,971 The current Refuse Fund financial outlook represents a significant improvement over the figures presented to the Finance Committee from the preliminary cost of service model in April 2011.Reasons for the improvement to the Refuse Fund outlook include the following: ·The residential fixed monthly charge of $4.62 approved by City Council increases FY 2013 revenue by approximately $980,000. ·The permanent closure of the Recycling Center is expected to reduce FY 2013 expenses by approximately $400,000. ·Closure of the Palo Alto landfill in July 2011 results in significant reductions to expenses. ·Staff has continued to identify opportunities to reduce budget amounts wherever possible. ·A comprehensive review and update of Refuse Fund staffing allocations is projected to reduce FY 2013 expenses by approximately $600,000. ·Increased revenues resulting from service audits comparing services provided in the field with services indicated and billed by SAP Cost of Service Study (COSS) Results for Sectors The cost of service model utilizes the full dataset of SAP customer information to generate projected revenues. Revenues and expenses are allocated to the three customer sectors (residential, commercial, and rolloff), and then to services such as garbage, recycling, household hazardous waste, and street sweeping. The allocated expense information is used to develop rates for the various services. Assumptions about growth in customer numbers and inflation, as well as any planned rate changes, are used to develop a ten-year forecast of revenues and expenses. Table 2 provides the FY 2013 expenses for the three customer sectors and the individual services within each sector. Figure 1 uses residential garbage service as an example of how various expenses are allocated to each service. Table 2: FY 2013 expenses for the three customer sectors Residential Commercial Roll-off Garbage $4,076 $4,963 $4,108 March 06, 2012 Page 4 of 13 (ID # 2409) Recycling $1,778 $794 $0 Organics $2,230 $2,481 $0 Cleanup Day $475 $321 $0 Palo Alto Landfill $1,180 $1,932 $1,145 HHW $599 $0 $0 Street Sweeping $1,415 $216 $0 Total $11,752 $10,705 $5,253 Figure 1: Breakdown of expenses allocated to residential garbage service, thousands of dollars (* includes Palo Alto staff costs; total staff costs are approximately $225) $197, 5% $789,19% $465,11% $119,3% $276, 7%$96, 2% $153,4% $1,981, 49% Allocated Charges*,4% Administration*, 2% GreenWaste, 49% SMaRT Debt, 5% SMaRT Operation, 19% Kirby Disposal, 11% Kirby Put or Pay, 3% Zero Waste*, 7% A key goal of the cost of service study is to develop rates that assure that the revenues from each customer sector cover the expenses for that sector, so that no customer sector is subsidizing the rates of another. Table 3 provides the FY 2013 revenues and expenses by sector that demonstrate a current imbalance between the residential and commercial sectors. Table 3: FY 2013 revenues and expenses by sector Line of Business Estimated Revenue Estimated Expense Revenue Change Required for Parity Preliminary Value From April 2011 Residential $8,903 $11,752 +32% +79% March 06, 2012 Page 5 of 13 (ID # 2409) Commercial $14,642 $10,705 -27%-42% Roll-Off $5,413 $5,253 -3%+28% For FY 2013, residential expenses are projected to exceed revenues by approximately $2.8 million, while commercial revenues are projected to exceed expenses by approximately $3.9 million. Therefore, a residential revenue increase of approximately 32%, and a commercial revenue decrease of approximately 27%, would be required to reconcile the estimated difference between residential and commercial revenues and expenses in FY 2013. Table 3 also provides the preliminary percent revenue change figures that were provided to Finance Committee on April 5, 2011. At that time, the estimated residential revenue increase needed was 79%. The change in estimated residential revenue increase needed from 79% to 32% is due to the fixed residential monthly charge of $4.62 that was adopted for FY 2012 and to numerous improvements and corrections to allocation methods used by the cost of service model. Cost of Service Study (COSS) Results for Residential Rates The cost of service model uses the customer census information and the allocated expenses for the residential sector (shown in Table 2) to derive residential rates that balance revenues and expenses for the residential sector, and that eliminate conservation pricing from the refuse rate structure. The rates derived for FY 2013 by the model are provided in Table 4. Table 4: FY 2013 residential refuse rates derived by cost of service model Minican 32-gal 64-gal 96-gal 128-gal Garbage 14.16 17.40 26.03 34.66 47.67 Palo Alto Landfill 2.97 4.75 9.50 14.25 19.00 Recycling (64-gal)7.66 7.66 7.66 7.66 7.66 Yard Trimmings (96-gal)10.99 10.99 10.99 10.99 10.99 Cleanup Day 2.08 2.08 2.08 2.08 2.08 Street Sweeping 6.71 6.71 6.71 6.71 6.71 HHW 0.88 0.88 0.88 0.88 0.88 Total: $45.46 $50.48 $63.86 $77.24 $95.00 The rates provided in Table 4 vary only with the size of the customer’s garbage can because recycling containers and yard trimmings are assumed to be 64 gallon and 96 gallon sizes, respectively. The model also provides rates for recycling and yard trimmings that vary based on the size and number of containers. There are problems with attempting to immediately implement varying rates for recycling and yard March 06, 2012 Page 6 of 13 (ID # 2409) trimmings that are discussed later in this report. Table 5 compares the current residential refuse rates with the FY 2013 rates derived by the cost of service model. Table 5: Comparison of FY 2013 model and current residential rates Current Rate Including Fixed Model Rate for FY 2013 Percent Increase Minican $20.52 $45.46 121% 32-gallon $37.48 $50.48 34% 64-gallon $72.46 $63.86 -12% 96-gallon $106.38 $77.24 -27% 128-gallon $140.30 $95.00 -32% Table 6: Current breakdown of residential service levels. Service Level Number of Customers Percent of Customers Minican 5,191 29.2% 32-gallon 9,894 55.7% 64-gallon 2,373 13.4% 96-gallon 258 1.5% 128-gallon 41 0.2% Total:17,757 100% Given the magnitude of the rate increases that are needed for minican and 32-gallon service to reach the cost of service model rates, staff recommends that rate increases be phased in over some number of years. Phasing in the rate increases is most important to reduce the impact on ratepayers, but there are additional reasons to take this approach. First, staff intends to use the cost of service model that was developed for the study on an ongoing basis. The model will be updated each year with revised customer census, tonnage, budget, and other information that will be used by the model to modify expense allocations and update the rates. Staff expects that the rates calculated for FY 2013 will change as adjustments to the model are made. In particular, any further expense reductions will result in reductions to the rates calculated by the model. Second, changes to the City’s SAP software are needed before some changes associated with the rates can be implemented. For example, SAP does not currently track the size and number of recycling and yard trimmings containers used by each customer. SAP must be modified to track this information, and to include this information in the billing process, before variable rates for recycling and yard trimmings can be implemented. In addition, the interface between GreenWaste’s database and March 06, 2012 Page 7 of 13 (ID # 2409) the SAP system must be upgraded to allow GreenWaste to update this customer information in SAP. Finally, outstanding issues relating to multi-family residential customers should be addressed before the rate structure is finalized. Under the current rate and billing system, multi-family residents who have individual service are considered residential customers, but multi-family residents who share service (e.g. 40 unit apartment complex with a 8-yard garbage bin) are classified as commercial customers. This system of classifying multi-family residents based on their service type raises concerns about the fairness of charges for the annual clean-up day service, street sweeping, and household hazardous waste. Staff evaluated several options for phasing in changes to residential refuse rates. These options included the following to eliminate sector imbalance and conservation pricing: ·Option 1: 2 year phase-in ·Option 2: 3 year phase-in ·Option 3: 5 year phase-in ·Option 4: 7 year phase-in ·Option 5: 7 year phase-in (eliminate sector imbalance in 3 years, eliminate conservation pricing in 7 years) Options to eliminate sector imbalance but not immediately eliminate conservation pricing are: ·Option 6: 3 year phase-in (fixed percentage increase each year to all rates) ·Option 7: 3 year phase-in (flat increase each year to all rates) ·Option 8: 3 year phase-in (flat increase combined with fixed percentage increase) Figures 2, 3, 4, and 5 display the residential rates that result from Options 1, 2, 3, and 8, respectively. Figures for all eight options, including the annual percent changes to each rate that result, are provided in Attachment A. Figure 2: 2 year phase-in of rates that eliminate sector imbalance and conservation pricing (Option 1) March 06, 2012 Page 8 of 13 (ID # 2409) $0 $20 $40 $60 $80 $100 $120 $140 $160 FY 2012 FY 2013 FY 2014 Year Ra t e Minican 32-gallon 64-gallon 96-gallon 128-gallon Figure 3: 3 year phase-in of rates that eliminate sector imbalance and conservation pricing (Option 2) $0 $20 $40 $60 $80 $100 $120 $140 $160 FY 2012 FY 2013 FY 2014 FY 2015 Year Ra t e Minican 32-gallon 64-gallon 96-gallon 128-gallon March 06, 2012 Page 9 of 13 (ID # 2409) Figure 4: 5 year phase-in of rates that eliminate sector imbalance and conservation pricing (Option 3) $0 $20 $40 $60 $80 $100 $120 $140 $160 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 Year Rat e Minican 32-gallon 64-gallon 96-gallon 128-gallon Figure 5: 3 year phase-in of rates that eliminate sector imbalance but do not eliminate conservation pricing using a combination of flat and percentage increases (Option 8) March 06, 2012 Page 10 of 13 (ID # 2409) $0 $20 $40 $60 $80 $100 $120 $140 $160 $180 FY 2012 FY 2013 FY 2014 FY 2015 Year Rat e Minican 32-gallon 64-gallon 96-gallon 128-gallon Figure 6 uses the two levels of service with the lowest and highest rates, the minican and 128 gallon service, to compare the four options that use a three year rate phase-in (Options 2, 6, 7, and 8) March 06, 2012 Page 11 of 13 (ID # 2409) $0 $20 $40 $60 $80 $100 $120 $140 $160 $180 $200 FY 2012 FY 2013 FY 2014 FY 2015 Year Rat e Option 2: Minican,eliminate conservationpricing Option 6: Minican, eliminate sector imbalance with fixed percent Option 7: Minican, eliminate sector imbalance with flat increases Option 8: Minican, eliminate sector imbalance withcombined approach Option 2: 128-gallon,eliminate conservationpricing Option 6: 128-gallon, eliminate sector imbalance with fixed percent Option 7: 128-gallon, eliminate sector imbalance with flat increases Option 8: 128-gallon, eliminate sector imbalance with combined approach 128 gallon Minican Staff recommends that new rates that eliminate the sector imbalance, but that do not immediately eliminate conservation pricing, be phased in over a period not to exceed three years. Further, it is recommended that the increase in FY 2013 be a combination of a flat increase of $2.09 and a fixed percentage increase of 5.3%. The residential rate increase in FY 2012 consisted of a flat monthly charge of $4.62. This charge currently appears on customer bills as “Fixed Resid. Monthly Charge”. The current flat monthly charge can be changed to a fixed charge of $6.71 for Street Sweeping (as derived by the cost of service model), an increase of $2.09. A further increase to residential rates of 5.3% would also be applicable in FY 2013. This approach, which is shown in Figure 5, would eliminate the sector imbalance over a three-year period while beginning to address conservation pricing. An additional benefit is that the fixed charge on customer bills would represent the actual cost of street sweeping services, while the current fixed charge does not align with any specific service. Staff is not recommending using the General Fund loan at this time. No increase is recommended for the commercial structure. March 06, 2012 Page 12 of 13 (ID # 2409) Commercial Reserve As described earlier and depicted in Figure 1, the Refuse Fund base financial outlook for FY 2013 includes revenues over expenses of $1.25 million. The recommended residential rate increase for FY 2013 is expected to generate $0.88 million. If staff’s recommendation for FY 2013 is adopted, revenues over expenses for FY 2013 would be expected to total $2.1 million. The commercial sector is projected to generate revenues in FY 2013 that are greater than expenses by approximately $3.9 million. In lieu of lowering commercial rates in FY 2013, staff recommends that the surplus of $2.1 million be designated as a special commercial reserve. This reserve would be dedicated to commercial purposes such as commercial rate stabilization and enhanced commercial programs. The reserve could also be used to fully fund the commercial share of the Palo Alto landfill post-closure costs. Table 7 provides the Refuse Fund Financial Outlook through FY 2013 assuming adoption of staff’s recommendations for residential rate increases and establishment of a commercial reserve. It should be noted that the remaining Residential/Commercial imbalance of $480,000 at the end of the three year phase-in (FY 2015) is due to the assumption of a three year phase-in of residential rates calculated for FY 2013. These rates will need to be adjusted each year to account for year to year inflation of expenses as well as any expense reductions that are implemented. Table 7: Refuse Fund Financial Outlook With Recommended Residential Rate Increases FY 2011 (actuals) FY 2012 (projected) FY 2013 (model) FY 2014 (model) FY 2015 (model) Revenues 31,488 31,083 29,834 30,709 31,585 Expenses 31,435 31,116 27,711 27,439 28,059 Change in Net Assets 53 0 2,123 3,270 3,526 Commercial Reserve NA NA 2,123 5,393 8,919 Remaining Res/Comm Imbalance NA NA 1,814 958 480 Timeline Following direction by Finance Committee, staff will finalize the refuse rates for FY 2013. The Refuse Fund projections and rates presented in this report will be updated as the FY 2013 budget is refined. Staff will return to Finance Committee with the final proposed rates in April 2012. Staff will then begin the Proposition 218 notification March 06, 2012 Page 13 of 13 (ID # 2409) process in coordination with the Utilities Department. Following City Council adoption, the new rates will become effective on July 1, 2012. Resource Impact The recommended residential rate increase is estimated to result in revenues over expenses of approximately $2.1 million in FY 2013. This surplus would be designated in a special commercial reserve dedicated to the commercial sector. Policy Implications The proposed Refuse Rate increase is consistent with current City Policies. Environmental Review The proposed actions do not constitute a project pursuant to CEQA. Attachments: ·Residential Rate Options (PDF) Prepared By:Brad Eggleston, Manager Solid Waste Department Head:J. Michael Sartor, Director City Manager Approval: ____________________________________ James Keene, City Manager Option 1: 2 Year Phase-in (eliminates sector imbalance and conservation pricing) Rate Increase Schedule FY 2012 FY 2013 FY 2014 Minican $ 20.52 $ 33.21 $ 45.89 32-gallon $ 37.48 $ 44.22 $ 50.96 64-gallon $ 72.46 $ 68.47 $ 64.47 96-gallon $ 106.38 $ 92.19 $ 77.99 128-gallon $ 140.30 $ 118.43 $ 96.56 Rate Increase Percentages FY 2012 FY 2013 FY 2014 Minican NA 62% 38% 32-gallon NA 18% 15% 64-gallon NA -6% -6% 96-gallon NA -13% -15% 128-gallon NA -16% -18% $0 $20 $40 $60 $80 $100 $120 $140 $160 FY 2012 FY 2013 FY 2014 Year Rate Minican 32‐gallon 64‐gallon 96‐gallon 128‐gallon Option 2: 3 Year Phase-in (eliminates sector imbalance and conservation pricing) Rate Increase Schedule FY 2012 FY 2013 FY 2014 FY 2015 Minican $ 20.52 $ 28.98 $ 37.43 $ 45.89 32-gallon $ 37.48 $ 41.97 $ 46.47 $ 50.96 64-gallon $ 72.46 $ 69.80 $ 67.13 $ 64.47 96-gallon $ 106.38 $ 96.92 $ 87.45 $ 77.99 128-gallon $ 140.30 $ 125.72 $ 111.14 $ 96.56 Rate Increase Percentages FY 2012 FY 2013 FY 2014 FY 2015 Minican NA 41% 29% 23% 32-gallon NA 12% 11% 10% 64-gallon NA -4% -4% -4% 96-gallon NA -9% -10% -11% 128-gallon NA -10% -12% -13% $0 $20 $40 $60 $80 $100 $120 $140 $160 FY 2012 FY 2013 FY 2014 FY 2015 Year Rate Minican 32‐gallon 64‐gallon 96‐gallon 128‐gallon Option 3: 5 Year Phase-in (eliminates sector imbalance and conservation pricing) Rate Increase Schedule FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 Minican $ 20.52 $ 25.59 $ 30.67 $ 35.74 $ 40.82 $ 45.89 32-gallon $ 37.48 $ 40.18 $ 42.87 $ 45.57 $ 48.26 $ 50.96 64-gallon $ 72.46 $ 70.86 $ 69.26 $ 67.67 $ 66.07 $ 64.47 96-gallon $ 106.38 $ 100.70 $ 95.02 $ 89.35 $ 83.67 $ 77.99 128-gallon $ 140.30 $ 131.55 $ 122.80 $ 114.06 $ 105.31 $ 96.56 Rate Increase Percentages FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 Minican NA 25% 20% 17% 14% 12% 32-gallon NA 7% 7% 6% 6% 6% 64-gallon NA -2% -2% -2% -2% -2% 96-gallon NA -5% -6% -6% -6% -7% 128-gallon NA -6% -7% -7% -8% -8% $0 $20 $40 $60 $80 $100 $120 $140 $160 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 Year Rate Minican 32‐gallon 64‐gallon 96‐gallon 128‐gallon Option 4: 7 Year Phase-in (eliminates sector imbalance and conservation pricing) Rate Increase Schedule FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 Minican $ 20.52 $ 24.14 $ 27.77 $ 31.39 $ 35.02 $ 38.64 $ 42.27 $ 45.89 32-gallon $ 37.48 $ 39.41 $ 41.33 $ 43.26 $ 45.18 $ 47.11 $ 49.03 $ 50.96 64-gallon $ 72.46 $ 71.32 $ 70.18 $ 69.04 $ 67.89 $ 66.75 $ 65.61 $ 64.47 96-gallon $ 106.38 $ 102.32 $ 98.27 $ 94.21 $ 90.16 $ 86.10 $ 82.05 $ 77.99 128-gallon $ 140.30 $ 134.05 $ 127.80 $ 121.55 $ 115.31 $ 109.06 $ 102.81 $ 96.56 Rate Increase Percentages FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 Minican NA 18% 15% 13% 12% 10% 9% 9% 32-gallon NA 5% 5% 5% 4% 4% 4% 4% 64-gallon NA -2% -2% -2% -2% -2% -2% -2% 96-gallon NA -4% -4% -4% -4% -4% -5% -5% 128-gallon NA -4% -5% -5% -5% -5% -6% -6% $0 $20 $40 $60 $80 $100 $120 $140 $160 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 Year Rate Minican 32‐gallon 64‐gallon 96‐gallon 128‐gallon Option 5: 7 Year Phase-in (eliminates sector imbalance in 3 years, and conservation pricing in 7 years) Rate Increase Schedule FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 Minican $20.52 $25.94 $31.56 $37.34 $39.84 $42.07 $44.08 $45.89 32-gallon $37.48 $41.90 $46.32 $50.74 $50.81 $50.86 $50.91 $50.96 64-gallon $72.46 $75.32 $77.81 $80.00 $75.46 $71.40 $67.76 $64.47 96-gallon $106.38 $107.80 $108.49 $108.60 $99.64 $91.65 $84.47 $77.99 128-gallon $140.30 $141.12 $140.92 $139.87 $127.21 $115.89 $105.74 $96.56 Rate Increase Percentages FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 Minican NA 26% 22% 18% 7% 6% 5% 4% 32-gallon NA 12% 11% 10% 0% 0% 0% 0% 64-gallon NA 4% 3% 3% -6% -5% -5% -5% 96-gallon NA 1% 1% 0% -8% -8% -8% -8% 128-gallon NA 1% 0% -1% -9% -9% -9% -9% $0 $20 $40 $60 $80 $100 $120 $140 $160 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 Year Rate Minican 32‐gallon 64‐gallon 96‐gallon 128‐gallon Option 6: 3 Year Phase-in (eliminates sector imbalance with fixed percentage increases) Rate Increase Schedule FY 2012 FY 2013 FY 2014 FY 2015 Minican $ 20.52 $ 22.71 $ 24.91 $ 27.10 32-gallon $ 37.48 $ 41.49 $ 45.49 $ 49.50 64-gallon $ 72.46 $ 80.21 $ 87.95 $ 95.70 96-gallon $ 106.38 $ 117.75 $ 129.13 $ 140.50 128-gallon $ 140.30 $ 155.30 $ 170.30 $ 185.30 Rate Increase Percentages FY 2012 FY 2013 FY 2014 FY 2015 Minican NA 11% 10% 9% 32-gallon NA 11% 10% 9% 64-gallon NA 11% 10% 9% 96-gallon NA 11% 10% 9% 128-gallon NA 11% 10% 9% $0 $20 $40 $60 $80 $100 $120 $140 $160 $180 $200 FY 2012 FY 2013 FY 2014 FY 2015 Year Rate Minican 32‐gallon 64‐gallon 96‐gallon 128‐gallon Option 7: 3 Year Phase-in (eliminates sector imbalance with flat increases to rates) Rate Increase Schedule FY 2012 FY 2013 FY 2014 FY 2015 Minican $ 20.52 $ 24.63 $ 28.74 $ 32.85 32-gallon $ 37.48 $ 41.59 $ 45.70 $ 49.81 64-gallon $ 72.46 $ 76.57 $ 80.68 $ 84.79 96-gallon $ 106.38 $ 110.49 $ 114.60 $ 118.71 128-gallon $ 140.30 $ 144.41 $ 148.52 $ 152.63 Rate Increase Percentages FY 2012 FY 2013 FY 2014 FY 2015 Minican NA 20% 17% 14% 32-gallon NA 11% 10% 9% 64-gallon NA 6% 5% 5% 96-gallon NA 4% 4% 4% 128-gallon NA 3% 3% 3% $0 $20 $40 $60 $80 $100 $120 $140 $160 $180 FY 2012 FY 2013 FY 2014 FY 2015 Year Rate Minican 32‐gallon 64‐gallon 96‐gallon 128‐gallon Option 8: 3 Year Phase-in (eliminates sector imbalance with combination of fixed percentage and flat increases to rates) Rate Increase Schedule FY 2012 FY 2013 FY 2014 FY 2015 Minican $ 20.52 $ 23.69 $ 26.86 $ 30.08 32-gallon $ 37.48 $ 41.54 $ 45.60 $ 49.66 64-gallon $ 72.46 $ 78.36 $ 84.24 $ 90.05 96-gallon $ 106.38 $ 114.06 $ 121.71 $ 129.22 128-gallon $ 140.30 $ 149.76 $ 159.19 $ 168.38 Rate Increase Percentages FY 2012 FY 2013 FY 2014 FY 2015 Minican NA 15% 13% 12% 32-gallon NA 11% 10% 9% 64-gallon NA 8% 8% 7% 96-gallon NA 7% 7% 6% 128-gallon NA 7% 6% 6% $0 $20 $40 $60 $80 $100 $120 $140 $160 $180 FY 2012 FY 2013 FY 2014 FY 2015 Year Rate Minican 32‐gallon 64‐gallon 96‐gallon 128‐gallon FILENAME 1 Action Minutes from March 6, 2012 Finance Committee Meeting 4. Results of Refuse Cost of Service Study and Plan for Restructure of Refuse Rates Phil Bobel, Watershed Protection Manager, stated Staff was not proposing exact rates, rather an exact methodology. He indicated Staff would provide exact numbers and recommendations based on methodology at a later time. He explained the fund had major losses several years ago when expenses exceeded revenues. He reported this had been stabilized by rate increases and cost-saving measures such as closing the landfill, the recycling center and the compost operation. He noted the cost benefits of these closures would be visible in FY 2013. He indicated the reserves were significantly impacted by those losses several years ago, and Staff was ready to rebuild those reserves. He reported a third issue was compliance with Proposition 218, a component of which was achieving parity between commercial and residential sectors. He stated Mr. Eggleston would focus on the results of the cost of service study and options. He indicated the strategy items were the same general strategy presented previously. He explained the column labeled FY12 Projected indicated revenues should almost equal expenses, which had not been the case in recent years. He reported revenues equaling expenses would make the change in that asset zero. He noted operating reserves were too small, but in future years without any revenue and rate changes, things begin to improve. He stated the primary purpose was to deal with Proposition 218 compliance. He indicated Staff had two goals: Proposition 218 compliance and building the reserves. He noted the landfill, recycling center and compost facility closures helped improve the financial outlook. He reminded the Finance Committee (FC) they had received an informational Staff Report at the last Council meeting regarding the compost facility closure. With regard to the status of rate development structure, he reported Staff would be focusing on residential rates, as it had more work to do through the cost of service study on commercial and this roll-off category (the bins). Brad Eggleston, Manager Solid Waste, reported the cost of service model was taking customer information, allocating revenues and expenses from the Budget to the different sectors (residential, commercial and roll-off), and then utilizing expense information to develop rates. He indicated the model was better but not perfect, and Staff continued to work on certain items. He noted audits had revealed that billed services did not always match provided services, which impacted revenues and prevented the calculation of accurate rates. He thought it also needed improvement in the area of multi-family residents in that apartment-dwellers with shared service were categorized as commercial. He felt this raised implications concerning costs for services, such as street sweeping and Household Hazardous Waste (HHW). He indicated the next slide presented the expenses allocated to the different services provided by the Refuse Fund and the bottom lines for each of the sectors. He reported FILENAME 2 the residential garbage number of approximately $4 million was comprised mainly of the GreenWaste contract, smart station components, and landfill costs. He reported each of the numbers in the table of expenses had various items feeding into it. He stated a key idea was parity between sectors. He explained the model allowed Staff to determine revenues and expenses for the different sectors. He indicated residential sector expenses were approximately 32 percent higher than revenue, commercial sector revenues were approximately 27 percent higher than expenses, while the roll-off sector was essentially in balance. Council Member Burt asked for an explanation of roll-off. Mr. Eggleston explained roll-off was debris box-type services, where a truck had to pick up the entire bin and haul it away rather than tipping it into a truck. Chair Shepherd asked for an explanation of preliminary value. Mr. Eggleston reported the preliminary values were the results of the model presented to the FC in April 2011. He stated the preliminary numbers were shown as a comparison to the current numbers. Council Member Burt suggested a better label for the figures would be April 2011 Estimated Increase. Mr. Sartor thought the work on the model created a better scenario than originally thought. Mr. Bobel added that this was a continuum and Staff was getting better at estimating these things; however, the figures were not necessarily accurate. Council Member Burt suggested Revenue Change for Parity as of (date) Estimated. Council Member Price asked whether Staff could clearly explain the large variance between April and now, other than improvements to the model. Mr. Eggleston explained a large component of that was the residential rate increase for the current fiscal year, and the remainder for the most part was corrections and improvements to the model. He stated there were outright errors and some items were better allocated. He reported the model developed rates for the different services, some of which were fixed monthly rates and some were variable. He indicated adding those provided numbers for the different garbage can sizes so that Staff could compare to current rates. He reiterated Staff was not recommending adoption of these rates. He presented a slide comparing current rates, including fixed FILENAME 3 rates that were added during the current fiscal year, to the model rates. He stated implementing the model rates would eliminate the residential-commercial imbalance and eliminate any conservation pricing aspect from the rate structure. Mr. Bobel explained this was not the chart Staff recommended, rather it resulted from the consultant's study. He said Staff would now present options and Staff's recommendations. Council Member Burt felt this was an important issue. He thought the City hadn't done a strong enough job of explaining that the cost of service study was primarily driven by Proposition 218, which was State Constitution and mandated by the people of California. He stated the City was mandated to create systems to justify as being in general compliance with that requirement of Proposition 218. He said there was a misunderstanding that the City was trying to replenish the Refuse Fund by increasing residential rates. He explained that utilizing recommendations from the cost of service study would result in increases to the small-residential rates and reductions to large- residential and commercial rates. He felt these themes had to be emphasized to prevent misunderstandings. He referenced a newspaper article stating the reserve was driving up these prospective increases. He stated 1) rate increases were not proposed, and 2) rate increases were not being considered to increase the reserve. Mr. Bobel reiterated the cost of service study wasn't perfect, and that was why Staff did not recommend religiously following it. He explained the study had a number of shortcomings, and the industry did not know how to deal with conservation pricing. He stated Staff did not recommend slavishly adhering to the study, because these kinds of studies were not typically performed and the industry did not know how to deal with them. Council Member Burt noted the Staff Report explained both that and the reality of Staff's recommendations, but it was at the end of the Report. He thought the Report should begin with this information, not bury it at the end. Chair Shepherd asked if residents received all three of the bins. Mr. Bobel stated residents received them without cost. He meant that residents did not pay for the blue and green bins and were not forced to put them out. Chair Shepherd expressed concern that the Report made it look as though they were optional. Mr. Bobel indicated that some residents thought this meant they were paying for those services. He didn't know what to do about that. He explained the cost of service study FILENAME 4 tried to determine the cost of each element even if the City did not charge for each element. He agreed the chart was confusing. Mr. Eggleston explained Staff was reviewing rates and large increases, which led to the concept of phasing in modifications. He stated the primary reason for phasing was to alleviate the impact on rate payers of horribly large rate increases. He indicated this was not going to be a one-time thing where Staff didn't review the model for five or ten years. He stated Staff would continue to update the model and make improvements yearly so that the model would calculate rates that may be somewhat different than those calculated this year. He said there were multi-family issues which Staff wanted to address. He reported if Staff wanted to do certain things allowed by the study rates, then Staff would have to make improvements to SAP first to be able to capture information currently not part of the SAP and billing system. He noted there were a number of reasons why Staff recommended phasing in rate changes. He reported the phase-in options of 2, 3 and 5 were phase-in options to the rates Staff was reviewing to eliminate conservation pricing. He explained the three years to address sector imbalance only were ways to phase in elimination of the residential-commercial imbalance and impact conservation pricing without drastically changing it. He indicated the next slides showed the City taking two, three and five years to reach the Fiscal Year 2014 rates provided by the cost of service study to eliminate conservation pricing. He noted the next slide presented the first option of utilizing percentage increases to all rates to eliminate the sector imbalance. He explained the second option was to utilize fixed increases, which was the approach taken for the Fiscal Year 2012 rate increase. Mr. Sartor indicated that amount was $4.62. Mr. Eggleston indicated the third option, which was Staff's recommendation, was a combination of percentage increases and fixed increases. He reported this showed the actual dollar amounts and percentage increases resulting from the combination approach. He noted the rate increases for the mini can were 15 percent for the coming year and approximately 13 percent and 12 percent in the following two years. He felt the key idea was smaller rate increases for each larger can size. Mr. Sartor noted the percentages included a fixed rate of $2.09 across the board for street sweeping, and approximately 5 percent in addition. Mr. Eggleston explained the fixed residential monthly charge appeared on residents' bills as a flat charge, and the amount was tied to the amount of revenue needed rather than to a service. He indicated one benefit of this approach was that the concept of raising half of revenue needed for next year through a fixed increase correlated where Staff could review the street sweeping cost per resident from the cost of service study, FILENAME 5 which was a $2.09 increase. He stated Staff could change the fixed residential rate on bills, call it street sweeping and show a dollar amount from the cost of service study. Mr. Bobel stated this was called Option 8 in the CMR. Council Member Burt indicated it was page 818 in the Packet. Mr. Bobel explained it was called Option 8 because it was the last of the series of options that Mr. Eggleston just reviewed. He noted it was a combination of fixed and percentage increases. He indicated this chart showed the effect of the rate increase each year over three years. He reminded the FC that Staff proposed yearly presentations as it continued to refine the model in order to provide the best number at that point in time. He reported Staff was not suggesting the FC fix all three of those now. He stated this was the first step in a plan to reach the end point in three years. He indicated the number in the FY2014 column would probably be different next year as Staff refined the plan. Mr. Eggleston reported Staff proposed no changes to the commercial rates, instead Staff recommended the overage, revenues over expenses, be placed into a commercial reserve dedicated to the commercial sector for things such as rate stabilization or outreach. He noted the next slide was analogous to the earlier slide regarding the Refuse Fund outlook over the next several fiscal years. He explained this slide showed the numbers for the next three fiscal years as the imbalance was closed, utilizing Staff's recommendations of hybrid residential rate increases and creating a commercial reserve. He indicated this would lead to a commercial reserve of approximately $9 million. He stated Staff's recommendations were to implement rates to close this imbalance in approximately three years without eliminating conservation pricing, not to make changes to commercial rates in the coming fiscal year, and to move the extra revenue from commercial into a reserve. He reported the Fiscal Year 2013 Budget was in draft form and Staff continue to work on it. He indicated Staff would be finalizing these numbers as they completed the Budget, and there would be small changes to the numbers presented tonight. He said Staff wanted to do some public outreach to explain the Fund was in a good fiscal position, didn't need rate changes over the next several years, and changes were to address Proposition 218 and the results of the cost of service study. He noted Staff had performed audits to ensure services were correct, and was working on communications between the cities and GreenWaste's database to ensure problems didn't recur. Mr. Bobel reminded the FC that the City had negative reserves. He stated Staff's objectives were: 1) expenses equaling revenues; 2) compliance with Proposition 218; and 3) building reserves. FILENAME 6 Emily Renzel commented that Staff had synthesized the study well and balanced the many considerations of setting rates. She questioned what happened to the surplus landfill rents and the current rates. She explained that the current rate includes 4.288 million and, starting this fiscal year, the rate being paid to the General Fund was 2.094 million, which is 2.194 million less than what was in the current rates. She thought that should be accruing and ideally would be refunded to rate payers. She felt it was important to understand what had happened to that surplus. She questioned why the dollar amounts in Table 4 were larger with each of the can sizes, and why the percent of the dollar amount of the total amount was greater, increasing from 6.53 percent to 20 percent. She felt Mr. Bobel had somewhat addressed replenishing the Refuse Fund reserves. She believed there were three different reserves: a closure fund which she thought was still intact; the rate stabilization reserve that went into a minus; and the post-closure reserve which was converted into a pledge of revenue. She stated that if the City had to create anything under that reserve, it would have to incorporate it into rates. She thought the City needed to understand how that would happen. She stated the commercial reserve could help with those other reserves for the commercial sector, and asked what would happen for the residential sector. She indicated the commercial reserve wasn't using that landfill differential, that it was actually the difference between expenses stated in the cost of services study and current payments. She asked how long that difference would continue, how large would the reserve grow, and what it would be used for. She inquired whether costs to implement any studies or projects under Measure E was included in the current cost of service model. With regard to dirt for the golf course, she stated the landfill had contacts with all people who were digging dirt. Ute Engelke stated she would like to see Proposition 218 utilized within the residential area, such that residents didn't have to pay for services they didn't utilize. She suggested having garbage collection every other week, to reduce costs and greenhouse gas emissions. She also suggested implementation of an organics collection every week with garbage collection once a month. She thought garbage collection once a month was sufficient for a single-person household. Herb Borock stated the Staff Report indicated recyclables and yard waste were a matter of updating the SAP programming. He indicated he had attempted to obtain a copy of the consultant's report of the cost of services study, and was told Staff did not have a draft report. He suggested it was the City's Manager's responsibility under the Charter to propose a Budget, including the Refuse Fund budget. He asked the FC to review the detailed items produced for the cost of service study prior to approval of this Agenda Item and certainly prior to proposing rates for the Budget. He cited an example in slide 11 of one element of ten line items, three of which contained Staff costs. He thought the public should review the detail numbers for the projected year 2013 and two previous years, one of which had a landfill operation and the other did FILENAME 7 not. He stated the Request for Proposal (RFP) for the cost of services study had an attachment containing the results of a previous RFP with highly detailed items. He believed that the current cost of services study also had those kinds of details. He repeated his belief that the Council, public and press needed to review those details. He stated there was accrued rent due for a number of years with regard to the General Fund and the Refuse Fund. He noted one of the uses of the commercial reserve was post-closure expenses, and thought those would be a separate item. He indicated the FC needed balance sheets as well. Vice Mayor Scharff asked if Staff was proposing these rates comply with Proposition 218. Mr. Bobel (INAUDIBLE). Vice Mayor Scharff indicated the use of commercial rates to subsidize residential rates was not allowed under Proposition 218; therefore, Staff had recommended three years to remedy that. He understood that cities could pick and choose within class-sector types (the mini, 64-gallon and 128-gallon cans). If that were true, he preferred the commercial rates subsidize the residential rates. He asked why Staff recommended the FC not follow Proposition 218; why not have the commercial subsidize the residential. Mr. Bobel stated there were two fundamental reasons. He explained Staff did not recommend eliminating conservation pricing, because the cost of services study was imperfect and didn't capture externalities, in the economic sense, that were real costs of trash. He indicated the study undervalued the amount of trash taken away and overvalued the trip. He reported Palo Alto was the first agency to use a cost of service study to tease out the conservation price phenomenon, which the consultant admitted was not typical of the industry. He stated Staff could not analyze true costs because of the way they were buried in the GreenWaste contract. He noted environmental costs were not included because Staff had not determined how to internalize the externalities. He thought if Staff could analyze the study better, it would be able to justify the real costs under Proposition 218. He stated Vice Mayor Scharff's argument was valid if the cost of service study was perfect. He explained the second phenomenon was, in terms of a policy, the risk of litigation with respect to the commercial sector and the residential sector imbalance. He indicated Staff had been advised that it should take care of that, because there was a real world risk that the City would be subject to action from that imbalance. He stated Staff didn't see a credible risk from litigation with respect to can size, because large-can users would have to ban together and sue the City with respect to the small-can users. Vice Mayor Scharff reiterated his point that Staff didn't believe the results of the study. FILENAME 8 Mr. Bobel added with respect to conservation pricing. Vice Mayor Scharff thought Proposition 218 didn't allow conservation pricing. He stated Proposition 218 allowed the City to say there were costs associated with each thing. He indicated Staff was saying it didn't understand the costs. He asked if Staff disagreed with the statement that Proposition 218 didn't allow conservation pricing. Council Member Burt stated that was a nomenclature issue. He understood Mr. Bobel to say that conservation pricing was actually a set of costs that had not been well identified and quantified. He explained in the end they were approximately the same thing, and Vice Mayor Scharff was correct in terms of nomenclature but not in terms of the concept. Molly Stump, City Attorney, explained it was not conservation pricing per se that was objectionable under the Constitution, it was charging any parcel in excess of the cost of providing service to that parcel. She understood, partially due to the sector imbalance, that Staff suspected large-can users might not be paying more than the cost of providing service to them if Staff accepted the basis of the cost of service study. She stated the issue could be charging any aspect of those pricing tiers more than the cost of providing service to that tier. She said if that whole sector was not bearing its full cost at this point, that may not exist even at the higher levels of the tiers. Vice Mayor Scharff noted Table 4 on page 5 of 13 indicated the 128-gallon can should cost residents $95 according to the cost of service model; and the chart on Option 8 indicated the cost in 2015 would be $168. He thought this was heading in the opposite direction of having other sectors subsidize that, which seemed like a clear violation of Proposition 218. He felt this percentage of difference was more than just model issues. He did not believe it was a revenue issue or had much to do with conservation at that point, because the 128-gallon can users were only 2% of total users. He stated the whole reason the City was doing this was to comply with Proposition 218. He thought it would be fairly easy to take the study and determine that 96-, 128- and 64-gallon users were subsidizing everyone else, just as the commercial was subsidizing the residential. He indicated the City was not moving in a direction to solve that issue. He was not saying the City had to change now or in three years. He stated Proposition 218 seemed to require the City to make a good faith effort to move in the direction of doing that. Mr. Bobel explained that the fixed increase implemented last year moved the City in that direction and addressed conservation pricing. He stated Staff was suggesting a component of the proposed increase be a fixed base, which was also moving in that direction. He noted Staff did not recommend utilizing the cost of service study because FILENAME 9 it did not a) internalize these externalities; or b) even count them all correctly because they were buried in this GreenWaste contract . He said the City was not getting the true cost of taking garbage to the landfill and disposing of it. He repeated Staff did not feel the study was good enough to utilize it to eliminate conservation pricing. He reported Palo Alto would be the first Community to move away from conservation pricing for garbage. He stated the FC should ask is that what Palo Alto is about. Vice Mayor Scharff asked if anyone else performed these studies. Mr. Bobel replied yes. He reported the industry had not determined how to handle Proposition 218, let alone the conservation pricing issue; and no communities were asking their consultants to solve that part of the problem. Vice Mayor Scharff inquired whether other communities' studies were also flawed, and how the communities handled that. Mr. Eggleston understood other communities were not at the can-size level in analyzing these costs. He stated they were stopping at the sector level. He reported there were various interpretations as to whether Proposition 218 applied at that level. He indicated the City's consultant, who specialized in cost of service studies, had said this was the first cost of service study to be analyzed at this level. Council Member Price asked if the City had paid in full for the complete report. Mr. Eggleston reported the City had utilized most of the contract funds, but had not paid on the task for the report. Council Member Price questioned utilizing the study's data and preliminary findings to perform analyses, given Staff's misgivings about the report's accuracy. She asked if Staff was performing assessments based on a weak foundation. Mr. Bobel thought the study data was good enough for analyses at the larger levels of sectors and residential versus commercial. He stated Staff did not think it was good enough to use for analysis at the next level of can-size differentiation within residential sector. Council Member Price asked if there would be a time in the short term when that would be feasible. She asked if the data could be refined sufficiently to make the document credible. FILENAME 10 Mr. Bobel reiterated that other communities weren't analyzing data at this level, so the industry was not moving in this direction. He said this made it difficult to get these consultants to perform this work. Council Member Price understood Council Members were waiting for the cost of service study in order to make informed decisions in many areas. She mentioned the earlier discussions concerning modeling, SAP and discrepancies between the GreenWaste database, and asked under whose budget did all the work with SAP fall. She thought this suggested there were many refinements that needed to take place with a system that had some real challenges. Lalo Perez, Administrative Services Director, stated it was not that the system had flaws, rather the system was configured for the scope of work from two to three years ago. He stated there had been a need for refinements since then. He explained if a refinement was a general benefit to all users, then it was not allocated. He further explained if a project tied to a fund needed a specific refinement, then that fund would pay for that piece. He stated refinements needed only for Refuse would be paid from the Refuse Fund. Mr. Bobel stated the other utilities were actually quite simple; you get electricity, you get water, you get one thing. He indicated Refuse provided garbage, recyclables, green waste, different sizes of cans, and varied pick-up frequencies. He explained SAP wasn't designed to deal with these permutations and combinations of service. He noted the SAP designations for multi-family housing was based on who paid the bill. He reported SAP could not be changed to meet Refuse's needs, because it was built for the other utilities, and there were good reasons for structuring it that way. He stated there would be problems in setting up any system to work for Refuse and for the standard commodity utilities. He felt the challenge was more than just funds, it was how to configure the system. Council Member Price asked if the hybrid recommendation was Staff's best recommendation given the challenges of methodology and model. Mr. Bobel answered it was. He thought it was important for Council to know how imperfect the study was. Council Member Price stated the challenge was in Staff and the Council defending it. Mr. Bobel reported this was the reason for Staff's recommendations of compromise and phase-in, and continued efforts to gradually improve. FILENAME 11 Council Member Burt thought the cost of service study was not useful at this point in time to inform the rates for comparative sizes of residential use, but Staff would attempt to make it a better tool so it could be more useful in subsequent years. He stated this message was too complicated for the Community and that the message should be clear and simple. He suggested one foundation was explaining the ABCs of Proposition 218. He indicated the real cost of low-value recyclables was unknown, and some recyclables resulted in a net cost to the City. He explained most residents thought the City received revenue from recycling. He mentioned the prior discussion that residents were not billed for recycling, when the recycling cost was included in the garbage rate. He felt the City had to help people understand these issues; otherwise, they would always resent this. Chair Shepherd thought this study had provided usable information. She suggested the issue was a defensible methodology. She noted the Community wanted to utilize zero waste, which created a need for conservation pricing. She stated the City was locked into GreenWaste costs because of the contract which expired in 2017. She indicated other issues were private streets and alley pickups. Mr. Bobel reported Staff had started discussions with GreenWaste, and the City could change the contract prior to its expiration. Chair Shepherd assumed the contract was bid so that garbage was collected weekly for all residents rather than every other week. Mr. Bobel indicated Staff had begun discussions with them about changes. Chair Shepherd asked if low-value recyclables were things that could be composted quickly and easily. Mr. Eggleston replied no. Chair Shepherd stated it was high value to get rid of garbage. Mr. Bobel stated aluminum was a high-value recyclable and glass was a low-value recyclable. Mr. Eggleston indicated other items might cost more to process. Chair Shepherd noted the blue bin and compost was the first step in diversion, and the second step was separating recyclables from garbage. She suggested using the term diversion rather than recycle, because recycle had the connotation that the City could sell it. She thought the FC should talk about that. She agreed with street sweeping, FILENAME 12 because it prevented storm drains from becoming blocked. She thought conservation pricing represented her proportion of yard and recycle bins. She asked if Staff needed a motion. Mr. Eggleston answered yes. He stated Staff was asking the FC to recommend this approach to the Council. He indicated Staff was planning to return to the FC when the Budget was more finalized, possibly April. Vice Mayor Scharff understood the issues with the data, but he thought some of the data was correct. He noted the street-sweeping, Household Hazardous Waste and clean-up data were correct; therefore, he thought fixed charges for those three items would be appropriate. He felt this was defensible. He explained that Staff should utilize the parts known to be correct. He understood Staff's statement that it did not understand the intricacies of the garbage number and recycling. He suggested removing garbage, recycling and yard trimmings made Staff's argument sensible and defensible. Otherwise, he felt Staff was ignoring part of the study because it was too complicated while utilizing other parts. He expressed concerns about raising residential rates and lowering commercial rates. He realized this was necessary because of Proposition 218. He asked why Staff had more confidence in the numbers for recycling with residential and commercial. Mr. Bobel agreed that there was a distinction between garbage recycling and organics and those that are fixed costs (Clean-up Day, HHW, street sweeping). Vice Mayor Scharff thought they agreed about the difference between the mini-can and the 32-gallon can, yard trimmings, Clean-up Day and street sweeping. He understood the issues regarding garbage, recycling and yard trimmings. He asked why Staff was comfortable with the number when it was separated into commercial and residential. Mr. Eggleston explained Table 2, cost by sector, reflected costs taken from the GreenWaste contract. He indicated that level reflected total costs at the sectors, rather than fixed and variable costs. Vice Mayor Scharff asked if those numbers came from the GreenWaste contract. Mr. Eggleston stated they were primarily from the GreenWaste contract, but included some slivers of other items. Council Member Scharff inquired whether there was a GreenWaste contract between the mini-can and the 32-gallon can. FILENAME 13 Mr. Eggleston reported it was not structured in the sense of a charge per resident, but you could calculate a dollar amount. Mr. Bobel explained garbage, recycling and yard trimmings were not broken out from the perspective of the two sectors. He stated Staff was comfortable with the proportion of those three in the residential sector and the proportion of those three in the commercial sector. He reported the study was not good enough to suggest charging a specific amount for recyclables, for example. He indicated Staff was comfortable with lumping recyclables, yard trimmings and garbage together and then calculating an amount for residential and an amount for commercial. Council Member Burt noted it was unknown whether these other factors were in proportion. He suspected there was some correlation between household size/home size and the volume generated. He suggested street sweeping should be billed according to the street frontage, if Staff had good information and the capability. He thought a large home with two or three residents would generate more compost than trash. He stated the data did not provide this information, and it wasn't reasonable to assume these factors averaged out regardless of house size, street frontage and household size. He understood charging those as flat fees, but disagreed with their being completely flat. He felt this was arbitrary because the data was not available. Mr. Bobel stated that was a good point. He indicated he agreed with Council Member Scharff that Household Hazardous Waste Day was more like a flat fee; however, he thought it was probably dependent on the number of people living in that house and income level. Chair Shepherd mentioned the concept of residents paying only for services used, when the benefit was for the common good. She was not sure how to measure this. She inquired whether apartment dwellers paid for street sweeping. Mr. Bobel indicated apartment dwellers were considered commercial. Chair Shepherd indicated it was commercial under the current contract, and that would be reconciled. MOTION: Council Member Burt moved, seconded by Chair Shepherd that the Finance Committee recommend to the Council: 1. Residential refuse rates be increased over a short term, but phased approach, to stabilize the Refuse Fund and avoid a projected sector imbalance between the residential and commercial ratepayers. FILENAME 14 2. New residential rates for FY 2013 be structured using both a fixed and a variable component with the fixed component representing the cost for street sweeping development by the cost of service model, and 3. A special rate stabilization and commercial outreach reserve dedicated to the commercial sector be established and the refuse fund’s expected revenues over expenses for FY 2013 be directed into this commercial reserve, with no change in commercial refuse rates FY 2013. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to include the Household Hazardous Waste and Clean-up Day included in the fixed cost service model. Mr. Eggleston asked if the amendment was referring to Fiscal Year 2013 rates. Chair Shepherd answered yes. MOTION PASSED AS AMENDED: 4-0 Mr. Eggleston noted the rate increase for some can sizes was more than shown for Fiscal Year 2013. Vice Mayor Scharff stated Staff didn't need to increase it more. Mr. Bobel suggested Staff come back with that issue. Mr. Eggleston stated that would make the across-the-board percentage (INAUDIBLE) to accommodate (INAUDIBLE). Chair Shepherd indicated the FC had provided the methodology. Mr. Perez noted the next meeting was March 20 and included the auditor's preliminary report of the (INAUDIBLE) advisory commission's recommendation on the Electric Utility's long-range plan. He indicated the April 3 meeting had not been rescheduled. Chair Shepherd indicated she would not be present; therefore, it would have to be rescheduled in order to have a quorum. She stated Vice Mayor Scharff would not be present on April 10. Vice Mayor Scharff asked what was being moved to April 10. Mr. Perez reported it would be the gas financial forecast, electric financial forecast, fiber rates and TDBG. FILENAME 15 Vice Mayor Scharff inquired if those topics could be moved to the week after. Chair Shepherd noted there was a Standing Meeting on April 17 and that meeting could not be moved to April 24. Mr. Perez asked if the FC wanted Staff to scheduled the meeting on April 10. Vice Mayor Scharff suggested Thursday, April 19. Mr. Perez stated he would have to check. Chair Shepherd requested Staff poll the Committee on this. Council Member Price asked whether the dates were March 20 and possibly April 10. Mr. Perez answered correct. Chair Shepherd explained the April 3 meeting had to be canceled due to lack of a quorum. Council Member Price asked if April 10 was indefinite. Chair Shepherd said yes. She indicated the Committee should be polled for the dates of April 10, 18 and 19. Vice Mayor Scharff stated he was available on April 18. Mr. Perez noted there was a 4:00 meeting regarding regional health and mandate on April 19. Vice Mayor Scharff felt the Committee could still meet on that date. Council Member Price reiterated the possible dates of April 10, 18 and 19. Vice Mayor Scharff suggested a meeting time of 6:00. Chair Price stated it was 6:00 unless there was a meeting that had already been planned.