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HomeMy WebLinkAboutCC Resolution 11892 (MSS Rates 2006)RESOLUTION 11892 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO SET MAXIMUM RATES AND FEES FOR MARIN SANITARY SERVICE REFUSE AND RECYCLABLE MATERIAL COLLECTION AND DISPOSAL SERVICES, TO BE EFFECTIVE RETROACTIVELY TO JANUARY 1, 2006. WHEREAS, the City of San Rafael and Marin Sanitary Service have entered into a written Amendment and Restatement Agreement dated September 4, 2001; and WHEREAS, Section 3(B) of the Amendment and Restatement Agreement provides for rates to be amended from time to time by the City Council; and; WHEREAS, Exhibit "C" of the Amendment and Restatement Agreement provides for approved rate setting tables, as amended, to be included as part of this Agreement; and; WHEREAS, Marin Sanitary Service has submitted a rate application request using the methodology outlined under Section 3(A) of the Amendment and Restatement Agreement; and WHEREAS, the City of San Rafael has conducted a review of said rate application and produced a report, recommending rate and fee adjustments, and WHEREAS, the City of San Rafael has determined that such rate and fee adjustments are proper, in the best interest of all citizens, and will promote public health, safety and welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: The following schedule of maximum rates and fees, as identified as "Exhibit C", are hereby approved for Marin Sanitary Service refuse and recyclable material collection and disposal services, to be effective, retroactive to January 1, 2006. Said "Exhibit C' shall be incorporated as the revised Exhibit "C" and shall be included as part of the Amended and Restated Agreement dated September 4, 2001. I, Jeanne M. Leoncini, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 6t' of February, 2006, by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None J n�n,. Leoncini, City Clerk WAManagement Services- WorkFile\Finance- WorkFile\Council Material\Resolutions\2006\City\MSS Refuse Rates reso 06.doc Exhibit A San Rafael Report CITY OF SAN RAFAEL REVIEW OF MARIN SANITARY SERVICE'S 2006 RATE APPLICATION HILTON FARNKOPF & HOBSON, LLC November 30, 2005 FINAL REPORT HILTON FARNKOPF & HOBSON, LLC �• Advisory Services to _ Municipal Management 2175 N. California Boulevard, Suite 990 Walnut Creek, California 94596 Telephone: 925/977-6950 Fax: 925/977-6955 www.hfh-consultants.com November 30, 2005 Mr. Kenneth Nordhoff Interim City Manager City of San Rafael 1400 Fifth Avenue San Rafael, CA 94915-1560 Northern California Southern California Central California Robert D. Hilton, CMC John W. Farnkopf, PE Laith B. Ezzet, CMC Subject: Review of Marin Sanitary Service's 2006 Rate Application - Special City of San Rafael Rate Adjustment Dear Mr. Nordhoff: This report documents Hilton Farnkopf & Hobson, LLC's (HF&H) findings and recommendations from our review of Marin Sanitary Service's (MSS) application for a 10.8% increase to the City of San Rafael (City) solid waste rates, effective January 1, 2006 (Application). This represents an additional 6.9% increase over the base 3.8% increase requested for the City of Larkspur, the Town of Ross, the County of Marin, and the Las Gallinas and Ross Valley Sanitary Districts. The additional increase was requested to compensate for the shortfall of revenues, compared to the revenue requirement, resulting from the transition of customers residing within the City limits north of Puerto Suelo Hill, from the Las Gallinas Sanitary District to the City of San Rafael. The revenue shortfall was created primarily due to the higher franchise fees charged MSS by the City compared to the District. See the separate HF&H report dated December 6, 2005 for the findings of our review of the MSS application for the base 3.8% increase. Findings Based on our review of the Application, performed in accordance with the Rate Index Methodology and the additional procedures performed as a result of the transition of customers from the Las Gallinas Sanitary District rates to the City of San Rafael rates, we determined that an increase to current revenues of 6.0%, in addition to the 2.3% found as part of our base review, is necessary to compensate MSS for its expenses and meet the contractually defined operating ratio (90.5%). This lower increase is based on several adjustments to MSS' rate calculation (agreed-upon by MSS Management and HF&H) as described in Section IV of our report dated December 6, 2005 and additional adjustments reflected in Exhibit 1 of this report. HILTON FARNKOPF & HOBSON, LLC Mr. Kenneth Nordhoff November 30, 2005 Page 3 We would like to express our appreciation to Company management and staff for their assistance. In addition, we express our appreciation to each of you for assistance and guidance during the course of the review. Should you have any questions, please call me at 925-977-6952. Very truly yours, HILTON FARNKOPF & HOBSON, LLC R(lert D. Hilton, CMC President cc: Ms. Marva Sheehan, Hilton Farnkopf & Hobson, LLC Mr. Joseph Garbarino, Marin Sanitary Service Mr. Joseph J. Garbarino, Marin Sanitary Service Ms. Patricia Garbarino, Marin Sanitary Service Mr. Ray Holmes, Marin Sanitary Service City of San Rafael Table of Contents Review of Marin Sanitary Service's 2006 Rate Application —Final Report TABLE OF CONTENTS SECTION I. BACKGROUND........................................................................................................................1 DESCRIPTION OF SERVICES...................................................................................................................1 CHANGE IN SERVICE AREA FOR SAN RAFAEL.....................................................................................1 NEW RECYCLING SERVICES..................................................................................................................1 SECTION II. RATE REVIEW APPROACH................................................................................................... 3 SCOPEOF WORK.................................................................................................................................... 3 LIMITATIONS.......................................................................................................................................... 3 SECTION III. MARIN SANITARY SERVICE'S PROJECTION METHODOLOGY ........................................ 4 APPROACH............................................................................................................................................. 4 REVENUES.............................................................................................................................................. 4 FRANCHISEFEES.................................................................................................................................... 4 SECTION IV. ADDITIONAL ADJUSTMENTS............................................................................................. 6 RECALCULATION 2005 REVENUE SHORTFALL.................................................................................... 6 2006 FRANCHISE FEES........................................................................................................................... 6 RATEADJUSTMENT............................................................................................................................... 8 ATTACHMENTS Attachment 1- MSS 2006 Rate Application Attachment 2 - Calculation of the 2005 Revenue Shortfall City of San Rafael Background Review of Marin Sanitary Service's 2006 Rate Application Final Report SECTION I. BACKGROUND Description of Services Marin Sanitary Service (MSS) provides solid waste, recyclable materials, and yard waste collection and processing services to the residents and businesses of the Cities of San Rafael and Larkspur, the Town of Ross, the County of Marin, and the Las Gallinas and Ross Valley Sanitary Districts (collectively referred to as "Franchisors"). In addition, MSS and its related entities (Marin Resource and Recovery (MRR) and Marin Resource Recovery Center (MRRC)), provide solid waste, recyclable materials, and yard waste collection and processing services to the residents and businesses of San Anselmo, the north area of the Ross Valley Sanitary District, Fairfax, and San Quentin prison. MSS also provides non -franchised debris box services to residents and businesses throughout the County of Marin that contract for their services. MSS delivers refuse collected from waste generators within the Franchisors' service area to MSS' transfer station (Marin Sanitary Service Transfer Station) then transports it to the Redwood Sanitary Landfill. MSS delivers recyclable materials to the MRR, where materials are processed and marketed. MSS delivers recyclable -rich loads of refuse (typically commercial) and separated yard waste loads (collected from residents), along with public self -haul loads, to the MRRC facility where recyclable materials are extracted from the waste stream, processed, and marketed. MRRC delivers residual waste, remaining after the recyclable materials are extracted, to the transfer station. This residual waste is transferred to Redwood Sanitary Landfill or Potrero Hills Landfill. Chanqe in Service Area for San Rafael In 2004, the City pursued a legal resolution'to the question of local authority over the provision of refuse collection and recycling services within the City limits. In February 2005, the Superior Court of the State of California, County of Marin, ruled in favor of the City of San Rafael. Effective March 1, 2005 customers with service areas within the LGSD and also within the city limits of San Rafael (customers residing north of Puerto Suelo Hill) were charged the existing City of San Rafael refuse rates. (These were the rates adopted by the City Council in January of 2005). Customers of MSS in north San Rafael experienced changes that increased the average residential rate by approximately 16%, decreased the average commercial rate by approximately 5% and decreased the average roll -off and compactor rate by approximately 13%. LGSD did not implement the recommended 3.4% increase on January 1, 2005 so the percentage changes solely as a result of the change in north San Rafael service areas were 12% increase for residential, 8% decrease for commercial and 16% decrease for roll -off and compactor rates. At the same time, MSS became subject to the higher franchise fees charged by the City than those charged by LGSD. While revenues increased, they did not increase sufficiently to equal MSS' costs including the higher franchise fees. New Recvclinq Services Marin Sanitary Service (MSS) proposes to change the method of residential recycling collection from a three -stream to a dual -stream process, in response to customer demand for a more convenient method of recycling. The dual -stream recycling program will be phased in over several years and will enhance customer satisfaction through the use of a wheeled cart, while still ensuring the highest quality of finished product. November 30, 2005 City of San Rafael Rate Review Approach Review of Marin Sanitanj Service's 2006 Rate Application —Final Report SECTION II. PATE REVIEW APPROACH Scope of Work Rate Adjustment Methodology The Rate Index Methodology was developed and approved in 1995. This method was used to determine 2006 rates, based on the projected results of operations from the 2005 rate review adjusted by change in certain indices (e.g., consumer price index, employment cost index and the transportation index) and new projections of certain costs (e.g., disposal expense, fuel expense, workers' compensation expense, depreciation, interest expense, and fees imposed by the Marin County Hazardous and Solid Waste Management Joint Powers Authority) and revenues (e.g., collection rate revenues). The Franchisors engaged HF&H in August 2005 to perform a limited review of the Application in accordance with the Rate Index Methodology. The scope of this review is described in our engagement letter dated July S, 2005. The results of the HF&H review are documented in the report to the Franchisors Group dated December 6, 2005. Review of 2005 Revenue The City of San Rafael also engaged HF&H to review the 2005 revenue projections for the City to determine the effect of the conversion of customers residing within the city limits of San Rafael, north of Puerto Suelo Hill (Las Gallinas "City") from LGSD rates to the City of San Rafael rates. Limitations Our review was substantially different in scope than an examination in accordance with Generally Accepted Auditing Standards, the objective of which is the expression of an opinion regarding the financial statements taken as a whole. Accordingly, we do not express such an opinion. However, Chiao Smith and Associates has issued an unqualified opinion of MSS' 2004 financial statements. Our conclusions are based on the review of MSS' projections of its financial results of operations. Actual results of operations will usually differ from projections, because events and circumstances frequently do not occur as expected, and the difference may be significant. November 30, 2005 Cit/ of San Rafael MSS Projection Methodology Review of Marin Sanitary Service's 2006 Rate Application — Final Report calculated by taking the estimated ten months of revenue received at the City rates times the 10% City of San Rafael franchise fee. 2005 Franchise Fees Franchise fees for the Las Gallinas "City" area were not included in the calculation of the base rate application submitted for the Franchisors Group. They have been shown as a separate adjustment. MSS calculated the franchise fees based upon the projected net revenues by 10 % (approximately). November 30, 2005 04/ of San Rafael Additional Adjustments Review of Marin Sanitanj Service's 2006 Rate Application - Final Report Marin Sanitary Service - Rate Adjustment Calculation As Adjusted By HF&H City of San Rafael ($000's Unless Otherwise Indicated) Exhibit Projected YE 2006 REVENUES 1. Route Revenue Projected By MSS 12,953 2. Route Revenue Adjustment 273 3. Adjusted Gross Route Revenues 13,227 4. Less: Franchise Fees Projected By MSS (901) 5. Recalculation of Franchise Fees Based on Revenue Adj. Above (28) 6. Adjusted Franchise Fees (929) 7. Less: Vehicle Impact Fees Projected by MSS (196) 8. Adjusted Net Route Revenue (Line 3 + Line 6 + Line 7) 12,101 9. Non -Regulated Revenues Projected by MSS 32 11. Total Projected Net Revenues (Line 8 + Line 9) 12,134 EXPENSES 12. Operating Expenses Eligible for Profit Projected by MSS 11,043 13. HF&H Operating Expense Adjustments 14. Fuel Expenses 87 15. Depreciation (18) 16. Workers Compensation (146) 17. Disposal Fees (15) 18. Adjusted Operating Expenses 10,950 19. Profit at 90.5% Operating Ratio Projected by MSS 1,159 20. Recalculation of Profit Based on 90.5% Op Ratio (10) 21. Adjusted Profit 1,149 22. Interest Expense Projected by MSS 331 23. HF&H Interest Expense Adjustment (14) 24. Adjusted Interest Expense 317 25. Total Revenue Requirement (Lines 18 + Line 21 + Line 24) 12,416 26. Surplus/ (Deficit) (Line 11 - Line 25) (283) 27. Rate Adjustment per 12/06/05 Franchisors Group Report( -Line 25 / Line 8) 2.3' 28. Additional San Rafael Adjustments 29. Las Gallinas - San Rafael Franchise Fee - 2006 394 30. 2005 Revenue Shortfall resulting from transition of Las Gallinas Accounts 262 31. 656 32. Gross -up of additional revenue adjustments for franchise fees 73 33. Total Additional San Rafael Adjustments 729 34. Rate Adjustment from Additional Adjustments (Line 33 / Line 8) 6.0% 35. Total Rate Adjustment (Line 27 + Line 34) 8.3% Note: Lines 1 - 27 are from the December 6, 2005 Franchisors Group Report 7 November 30, 2005 Cih/ of San Rafael Rate Adjustment Review of Marin Sanitanj Service's 2006 Rate Application - Final Report Historically, San Rafael's commercial rates have been lower than the Marin County communities and other communities in the Bay Area. See Exhibit 3 for a table listing rates for communities throughout the Bay Area. In an effort to move towards a rational relationship of rates and volume of service received (i.e. uniform rate structure) for all service levels throughout the City of San Rafael (including the prior LGSD area), staff proposes that rates be adjusted by various percentages to arrive at an overall increase of 8.3%. Examples of various service levels showing the existing rates and proposed rates are included in the table below. Examples of Most -Frequent Service Levels Residential 64 Gal - Flat 2,894 $39.80 $41.52 $1.72 4.30% Apartments 32 Gal - Flat 1,089 $19.90 $20.76 $0.86 4.30% Apartments 96 Gal - Flat 1,164 $59.70 $62.28 $2.58 4.30% Commercial 96 Gal 405 $57.35 $61.89 $4.54 8.00% Commercial 3 Yd -1X/Wk 167 $244.25 $256.46 $12.21 5.00% Commercial 3 Yd - 2X/Wk 76 $441.80 $477.56 $35.76 8.09% Commercial 3 Yd - 3X/Wk 51 $639.30 $727.92 $88.62 13.86% Apartments 3 Yd -1X/Wk 19 $244.25 $256.46 $12.21 5.00% Apartments 3 Yd - 2X/Wk 44 $441.80 $470.00 $28.20 6.38% Apartments 3 Yd - 3X/ Wk 36 $639.30 $714.28 $74.98 11.73% Roll -off 10 Yd -1X/Wk 4 $630.65 $662.18 $31.53 5.00% Roll -off 18 Yd -1X/Wk 3 $1,009.00 $1,189.38 $180.38 17.88% Roll -off * 10 Yd -1X/Wk 14 $145.45 $155.54 $10.09 6.94% Roll -off * 18 Yd -1X/ Wk 18 $232.80 $279.98 $47.18 20.27% Compactors 15 Yd -1X/Wk 2 $2,817.75 $3,212.24 $394.49 14.00% Compactors 20 Yd -1X/Wk 4 $3,757.00 $4,282.98 $525.98 14.00% Compactors* 20 Yd - 2X/ Mo 8 $1,734.00 $1,976.80 $242.80 14.00% * On call service 9 November 30, 2005 Attachment 2 Marin Sanitary Service City of San Rafael Calculation of 2005 MSS Revenue Shortfall 2005 Revenue Requirement for Las Gallinas - San Rafael $ 3,935,859 A ( from 2004 HF&H Report and includes a portion of $6,000 LGSD Franchise Fee) Residential Apartments Commercial Gross Revenues including "extras" Franchise Fee * Net Revenue to MSS Actual YTD Revenue through 09/30/05 with Q4 Projection Jan - Feb Mar - Dec Total $ 115,088 $ 1,132,513 $ 1,247,601 152,744 766,992 919,736 330,810 1,539,520 1,870,330 598,642 3,439,025 4,037,667 B (730) (343,902) (344,632) $ 597,912 $ 3,095,122 $ 3,693,034 Calculation of MSS Shortfall Effect of total "new" billings 10 months of higher billings (A -B) (101,808) Franchise Fee payments not included @ 10% 343,902 3.4% rate increase on LGSD (not in Jan & Feb actuals) 20,354 Net MSS Shortfall $ 262,449 * Franchise fees for January and February represent 2 months of pro -rated LGSD Franchise Fees. 7&4'0i " Saa�tazry Senoeee " IWL"er:ruy %a .Sane fort Reaaeviee4„ Mum ReaW,&Ngy 535 iy -50-a Scut R44d, e,4 94901 ;Nd": (415) 453-1404 Sax: (415) 453-6565 December 6, 2005 Mr. Kenneth Nordhoff Finance Director City of San Rafael 1400 Fifth Avenue Blvd. San Rafael, CA 94915-1560 Mr. Barry K. Hogue District Manager Ross Valley Sanitary District 2000 Larkspur Landing Circle Larkspur, CA 94939 Dear Madam and Sirs: Mr. Alan H. Petrie District Manager Las Gallinas Sanitary District 300 Smith Ranch Road San Rafael, CA 94903 Mr. Jeff Rawles Exhibit B % mat RW44n" Reaaue q, 565 P-4 SOzeer Scut Rqad, e,4 94901 ;D&uee: (415) 495-5648 lax: (415) 495-1509 Mr. Gary Broad Administrator Town of Ross 31 Sir Francis Drake Ross, CA 94957 Ms. Jean Bonander Manager, Special Projects City Manager County of Marin City of Larkspur 3501 Civic Center Drive, Rm. 404 420 Magnolia Avenue San Rafael, CA 94903-4155 Larkspur, CA 94939 We want to inform you of changes to our service well in advance of their implementation. Marin Sanitary Service (MSS) will be converting its recycling collection from 3 -sort source separation to dual sort collection, in order to provide increased convenience to our customers, promote route efficiency, and.still sustain our high level of waste diversion, The following information below details this change and also addresses the need to convert our hauling fleet to a cleaner fuel technology. - Dual Stream Recvclinjz Marin Sanitary Service (MSS) 19 changing the method of residential recycling collection from a three stream to a dual stream process. The change will provide customers with a more convenient method of recycling and allow the company to replace recycling vehicles which are over 20 years old, ensuring compliance with clean -air regulations. With the new dual stream service, customers will receive 1-64 gallon cart in place of the 5 gallon buckets. The cart is similar in size to the current green waste cans. The cart will have a divider down the middle. One side of the cart will be used for cans, plastic, and glass. The other side will be used for paper products. The carts will be collected by a new, side -loading compaction truck that has two internal compartments that keep the two streams segregated. The material will be delivered to Marin Recycling (an affiliate of MSS) for sorting, processing, and delivery to end markets. 1050 Andersen Drive, P.O. Box 10067, San Rafael, CA 94912 (415) 456-2601 (415) 456-7595 Fax www.marinsanitary.com Three recycling routes will be converted to dual, stream in the 15t quarter of 2006. The routes will be spread throughout the service area including the Terra Linda area of San Rafael, the Marinwood/Lucas Valley area of the Las Gallinas Sanitary District, and one route that cdllects in Larkspur, Kentfield, and Ross. After these routes have been converted, 3 additional routes will be converted in the 3`d quarter of 2006. The exact location of these routes has not been determined yet. Approximately 14,000 carts and 6 new recycling trucks are projected to be placed into service in 2006. The recycling trucks would have been purchased regardless of the dual stream conversion. They are necessary for compliance with the clean -diesel regulations and because the existing fleet is old and must be replaced in the next few years. MSS believes that dual stream collection will prove to be a customer -friendly and environmentally sound program. Since we were needing to purchase replacement trucks anyway, we have the opportunity to further make our recycling collection program more convenient with a lower impact on rates. The new carts and the incremental cost of the new trucks will increase rates by approximately 0.6% in 2006. This equates to a $0.10 - $0.12 per month increase in the 32 -gallon can residential rate. Clean -Diesel Conversion MSS has a total of 68 waste collection trucks subject to the landmark California Air Resources Board (CARB) Solid Waste Collection Vehicle regulation that requires the company to transition to cleaner technology by 2010. After evaluating our fleet, we retrofitted 27 trucks with CARB-approved equipment that reduced diesel particulate matter by up to 50%. The retrofitting covered 50% of the first group of trucks eligible for this procedure. This far exceeded the 10% requirement established by the CARB. Retrofitting the remainder of the fleet may not be possible due to their age, so new trucks must be purchased. (Many of the engines in the fleet do not have CARB-approved devices to reduce emissions, so 26 trucks will require replacement over the next several years to comply with the clean -air regulations.) Included in this number are the recycling truck replacements discussed above. As was mentioned earlier, we want to give as much advance notice of these changes as possible. Please let us know if you have any suggestions that would make these changes happen more smoothly for our customers or if you would like to suggest any changes to our implementation. Thank you for your on-going support of our programs and service. We remain at your disposal. Sinc Patty Garbaro President s 5"Vece 7a s,w d= Raza� „ 5.35 Aly 50-a 5" Raaael. e.14 94901 ;D"w: (415) 453-1404 57ax: (415) 453-6565 Dual Sort Recycling Program Fact Sheet -Talking Pdints January 2006 565 P-4 5&,& 5" Raod, 64 94901 p0904M. (415) 485-5648 ';7a*. (415) 485-1509 • Provides for increased convenience to the customer while continuing our record setting waste diversion numbers. • Can expect increased material volume due to additional capacity and ease of use. • Newspaper no longer needs to be bagged or bundled; paper remains dry with less contamination. • Large amounts of cardboard set out at the curb can be collected without the need to bag or bundle the material. • Curbside thievery of recyclables should significantly decrease. • Mm :; Sa;.itacy Sc:°icc�'s D�,twl Sots Cart will be a Brown 64 gallon cars with 1 Blue lid covering the paper compartment, and 1 Brown lid coveting the compartment for bottles, cans, • The Marin Sanitary Service Operations Department has observed dual sort carts and trucks i,:.i31A f IIYt'?i3i1;: f�.�ei i�, ^..siti3 �;�p 1'rasiri.rc� �i�r3��; train :arae �;ln ;Situ • Split Carts for Dual Sort Recycling are widely used in Canada. ■ Possibility of route efficiencies gained after full implementation of the program. 1050 Andersen Drive, P.O. Box 10067, San Rafael, CA 94912 (415) 456-2601 (415) 456-7595 Fax www. ma rinsanitary. corn i I W Lid Split Cart �Ilows for two types of recycling ® 64 gallon with two compartments Fully automated brought to you by Marin Sanitanj I ■ Siv° we and "Recycling Saves Resources" Otto Environmental Systems Butterfly Lid Split Cart Consolidate your recycling needs into one cart! Permanent compartment divider prevents contamination. Lids are different colors to easily identify compartments Large hot stamp areas on front and side of body - Lids can also be hot stamped to instruct recycling requirements side back When cart is inverted, the lid design helps divert the recyclables into the proper truck compartment. For more information, call: Marin Sanitary Service Travis Dowell, Area Manager Steve Rosa Otto Environmental Systems (415) 456-2601 (650) 363-0780 EXHIBIT C MARIN SANITARY SERVICE CITY OF SAN RAFAEL RATE SCHEDULE Rates Effective: 01/01/2006 Rate Increase: Various 2006 2005 2006 Proposed RATE INCREASE Rate Residential $ 41.52 $ 39.80 $ 1.72 Standard Base Rates 83.04 79.60 3.44 32 gallon can - flat $ 20.76 $ 19.90 $ 0.86 64 gallon can - flat 41.52 39.80 1.72 96 gallon can - flat 62.28 59.70 2.58 32 gallon can - hill 23.52 22.55 0.97 64 gallon can - hill 47.04 45.10 1.94 96 gallon can - hill 70.56 67.65 2.91 Low Income Residential Rates* Low Income - 32 gallon can - flat $ 16.58 15.90 $ 0.68 Low Income - 64 gallon can - flat 33.16 31.80 1.36 Low Income - 96 gallon can - flat 49.74 47.70 2.04 Low Income - 32 gallon can - hill 18.83 18.05 0.78 Low Income - 64 gallon can - hill 37.66 36.10 1.56 Low Income - 96 gallon can - hill 56.49 54.15 2.34 *Must meet Federal HUD Voucher Standards. 47.04 45.10 1.94 Residential customers only 70.56 67.65 2.91 Other Services Compacted 32 gallon $ 41.52 $ 39.80 $ 1.72 Compacted 64 gallon 83.04 79.60 3.44 Distance 5'-50' 2.71 2.60 0.11 Distance over 50' (per 50' each can) 5.47 5.25 0.22 Discontinued Rates** Senior rate - flat** (Bi -weekly service) $ 14.65 $ 14.05 $ 0.60 Senior rate - hill** (Bi -weekly service) 18.67 17.90 0.77 **Customers with these rates prior to 2005 will keep existing rate type. No new customers will be added with this rate type. Apartments 32 gallon can - flat $ 20.76 $ 19.90 $ 0.86 64 gallon can - flat 41.52 39.80 1.72 96 gallon can - flat 62.28 59.70 2.58 32 gallon can - hill 23.52 22.55 0.97 64 gallon can - hill 47.04 45.10 1.94 96 gallon can - hill 70.56 67.65 2.91 ***Minimum of one can per unit 1/24/2006 1 of 6 San Rafael - Exhibit C Rate Sheet 2006 EXHIBIT C MARIN SANITARY SERVICE CITY OF SAN RAFAEL RATE SCHEDULE Rates Effective: 01/01/2006 Rate Increase: Various 2006 2005 2006 Proposed RATE INCREASE Rate Apartments (cont) FL 2 yd bin 1 x/week $ 197.03 $ 187.65 $ 9.38 FL 2 yd bin 2 x/week 451.63 426.20 25.43 FL 2 yd bin 3 x/week 683.63 639.30 44.33 FL 2 yd bin 4 x/week 919.74 852.40 67.34 FL 2 yd bin 5 x/week 1,159.98 1,065.50 94.48 FL 2 yd bin 6 x/week 1,404.33 1,278.60 125.73 FL 3 yd bin 1 x/week $ 256.46 $ 244.25 $ 12.21 FL 3 yd bin 2 x/week 470.00 441.80 28.20 FL 3 yd bin 3 x/week 714.28 639.30 74.98 FL 3 yd bin 4 x/week 964.73 836.80 127.93 FL 3 yd bin 5 x/week 1,221.36 1,034.15 187.21 FL 3 yd bin 6 x/week 1,484.17 1,231.70 252.47 FL 4 yd bin 1 x/week $ 365.87 $ 348.45 $ 17.42 FL 4 yd bin 2 x/week 674.26 634.30 39.96 FL 4 yd bin 3 x/week 1,023.69 951.40 72.29 FL 4 yd bin 4 x/week 1,381.42 1,268.55 112.87 FL 4 yd bin 5 x/week 1,715.36 1,555.20 160.16 FL 4 yd bin 6 x/week 2,121.59 1,902.85 218.74 FL 5 yd bin 1 x/week $ 395.75 $ 376.90 $ 18.85 FL 5 yd bin 2 x/week 783.34 702.10 81.24 FL 5 yd bin 3 x/week 1,190.46 1,027.35 163.11 FL 5 yd bin 4 x/week 1,607.88 1,352.60 255.28 FL 5 yd bin 5 x/week 2,035.60 1,677.80 357.80 FL 5 yd bin 6 x/week 2,473.62 2,003.10 470.52 FL 6 yd bin 1 x/week $ 463.82 $ 411.40 $ 52.42 FL 6 yd bin 2 x/week 940.01 822.80 117.21 FL 6 yd bin 3 x/week 1,428.55 1,234.20 194.35 FL 6 yd bin 4 x/week 1,929.46 1,645.65 283.81 FL 6 yd bin 5 x/week 2,442.72 2,057.00 385.72 FL 6 yd bin 6 x/week 2,968.34 2,468.45 499.89 RL 1 yd bin 1 x/week $ 129.13 $ 121.70 $ 7.43 RL 1 yd bin 2 x/week 260.32 243.75 16.57 RL 1 yd bin 3 x/week 393.57 365.45 28.12 RL 1 yd bin 4 x/week 528.88 487.50 41.38 RL 1 yd bin 5 x/week 666.25 609.25 57.00 RL 1 yd bin 6 x/week 805.68 730.85 74.83 (No longer offered to new customers) 1/24/2006 2 of 6 San Rafael - Exhibit C Rate Sheet 2006 EXHIBIT C MARIN SANITARY SERVICE CITY OF SAN RAFAEL RATE SCHEDULE Rates Effective: 01/01/2006 Rate Increase: Various 2006 2005 2006 Proposed RATE INCREASE Rate Apartments (cont.) RL 2 yd bin 1 x/week $ 197.56 $ 188.15 $ 9.41 RL 2 yd bin 2 x/week 395.25 338.65 56.60 RL 2 yd bin 3 x/week 599.06 489.55 109.51 RL 2 yd bin 4 x/week 806.99 640.50 166.49 RL 2 yd bin 5 x/week 1,159.98 1,065.50 94.48 RL 2 yd bin 6 x/week 1,404.33 1,278.60 125.73 FL Compacted Rate Per Yard $ 49.42 per yard $ 43.35 $ 6.07 1/24/2006 3 of 6 San Rafael - Exhibit C Rate Sheet 2006 EXHIBIT C MARIN SANITARY SERVICE CITY OF SAN RAFAEL RATE SCHEDULE Rates Effective: 01/01/2006 Rate Increase: Various Commercial 32 gallon can 64 gallon can 96 gallon can Rate Compacted 32 gallon Compacted 64 gallon Bags (32 gallon) FL 2 yd bin FL 2 yd bin FL 2 yd bin FL 2 yd bin FL 2 yd bin FL 2 yd bin FL 2 yd bin FL 3 yd bin FL 3 yd bin FL 3 yd bin FL 3 yd bin FL 3 yd bin FL 3 yd bin FL 3 yd bin FL 4 yd bin FL 4 yd bin FL 4 yd bin FL 4 yd bin FL 4 yd bin FL 4 yd bin FL 4 yd bin FL 5 yd bin FL 5 yd bin FL 5 yd bin FL 5 yd bin FL 5 yd bin FL 5 yd bin FL 5 yd bin 2005 2006 RATE INCREASE $ 19.10 $ 38.25 57.35 38.20 76.50 19.10 $ 45.45 $ 187.65 426.20 639.30 852.40 1,065.50 1,278.60 $ 55.80 $ 244.25 441.80 639.30 836.80 1,034.15 1,231.70 $ 81.65 $ 348.45 634.30 951.40 1,268.55 1,555.20 1,902.85 $ 87.05 $ 376.90 702.10 1,027.35 1,352.60 1,677.80 2,003.10 1.53 3.01 4.54 3.06 6.02 1.53 4.55 9.38 26.46 47.42 73.52 104.78 141.18 5.58 12.21 35.76 88.62 149.21 217.68 293.67 8.17 17.42 42.02 78.47 125.23 113.91 249.64 8.71 18.85 93.83 185.86 290.76 408.58 539.19 1/24/2006 4 of 6 San Rafael - Exhibit C Rate Sheet 2006 2006 Proposed Rate $ 20.63 41.26 61.89 41.26 82.52 20.63 per pickup $ 50.00 1 x/week 197.03 2 x/week 452.66 3 x/week 686.72 4 x/week 925.92 5 x/week 1,170.28 6 x/week 1,419.78 per pickup $ 61.38 1 x/week 256.46 2 x/week 477.56 3 x/week 727.92 4 x/week 986.01 5 x/week 1,251.83 6 x/week 1,525.37 per pickup $ 89.82 1 x/week 365.87 2 x/week 676.32 3 x/week 1,029.87 4 x/week 1,393.78 5 x/week 1,669.11 6 x/week 2,152.49 per pickup $ 95.76 1 x/week 395.75 2 x/week 795.93 3 x/week 1,213.21 4 x/week 1,643.36 5 x/week 2,086.38 6 x/week 2,542.29 2005 2006 RATE INCREASE $ 19.10 $ 38.25 57.35 38.20 76.50 19.10 $ 45.45 $ 187.65 426.20 639.30 852.40 1,065.50 1,278.60 $ 55.80 $ 244.25 441.80 639.30 836.80 1,034.15 1,231.70 $ 81.65 $ 348.45 634.30 951.40 1,268.55 1,555.20 1,902.85 $ 87.05 $ 376.90 702.10 1,027.35 1,352.60 1,677.80 2,003.10 1.53 3.01 4.54 3.06 6.02 1.53 4.55 9.38 26.46 47.42 73.52 104.78 141.18 5.58 12.21 35.76 88.62 149.21 217.68 293.67 8.17 17.42 42.02 78.47 125.23 113.91 249.64 8.71 18.85 93.83 185.86 290.76 408.58 539.19 1/24/2006 4 of 6 San Rafael - Exhibit C Rate Sheet 2006 EXHIBIT C MARIN SANITARY SERVICE CITY OF SAN RAFAEL RATE SCHEDULE Rates Effective: 01/01/2006 Rate Increase: Various 1/24/2006 5 of 6 San Rafael - Exhibit C Rate Sheet 2006 2006 2005 2006 Proposed RATE INCREASE Rate Commercial (cont.) FL 6 yd bin per pickup $ 109.18 $ 99.25 $ 9.93 FL 6 yd bin 1 x/week 469.83 411.40 58.43 FL 6 yd bin 2 x/week 955.11 822.80 132.31 FL 6 yd bin 3 x/week 1,455.85 1,234.20 221.65 FL 6 yd bin 4 x/week 1,972.03 1,645.65 326.38 FL 6 yd bin 5 x/week 2,503.66 2,057.00 446.66 FL 6 yd bin 6 x/week 3,050.74 2,468.45 582.29 RL 1 yd bin 1 x/week $ 134.00 $ 121.70 $ 12.30 RL 1 yd bin 2 x/week 270.58 243.75 26.83 RL 1 yd bin 3 x/week 409.73 365.45 44.28 RL 1 yd bin 4 x/week 551.46 487.50 63.96 RL 1 yd bin 5 x/week 695.76 609.25 86.51 RL 1 yd bin 6 x/week 842.64 730.85 111.79 (No longer offered to new customers) RL 2 yd bin 1 x/week $ 202.95 $ 188.15 $ 14.80 RL 2 yd bin 2 x/week 411.04 338.65 72.39 RL 2 yd bin 3 x/week 624.29 489.55 134.74 RL 2 yd bin 4 x/week 842.69 640.50 202.19 RL 2 yd bin 5 x/week 1,170.28 1,065.50 104.78 RL 2 yd bin 6 x/week 1,419.78 1,278.60 141.18 FL Compacted Rate Per Yard $ 49.42 per yard $ 43.35 $ 6.07 RO 10 yd box per pickup 155.54 $ 145.45 $ 10.09 RO 10 yd box 1 x/week 662.18 630.65 31.53 RO 10 yd box 2 x/week 1,355.11 1,261.15 93.96 RO 10 yd box 3 x/week 2,079.67 1,892.35 187.32 RO 10 yd box 4 x/week 2,834.71 2,523.15 311.56 RO 10 yd box 5 x/week 3,620.65 3,153.95 466.70 RO 10 yd box 6 x/week 4,437.49 3,784.75 652.74 RO 12 yd box per pickup $ 186.65 $ 174.60 $ 12.05 1/24/2006 5 of 6 San Rafael - Exhibit C Rate Sheet 2006 EXHIBIT C MARIN SANITARY SERVICE CITY OF SAN RAFAEL RATE SCHEDULE Rates Effective: 01/01/2006 Rate Increase: Various 2006 2005 2006 Proposed RATE INCREASE Rate Commercial (cont.) RO 18 yd box per pickup $ 279.98 $ 232.80 $ 47.18 RO 18 yd box 1 x/week 1,189.38 1,009.00 180.38 RO 18 yd box 2 x/week 2,434.39 2,017.25 417.14 RO 18 yd box 3 x/week 3,735.01 3,026.95 708.06 RO 18 yd box 4 x/week 5,091.26 4,035.90 1,055.36 RO 18 yd box 5 x/week 6,503.12 5,044.85 1,458.27 RO 18 yd box 6 x/week 7,970.61 6,053.85 1,916.76 RO 20 yd box per pickup $ 311.09 $ 258.70 $ 52.39 RO 20 yd box 1 x/week 1,321.54 1,121.05 200.49 RO 20 yd box 2 x/week 2,704.88 2,242.10 462.78 RO 20 yd box 3 x/week 4,150.01 3,500.25 649.76 RO 20 yd box 4 x/week 5,656.95 4,667.05 989.90 RO 20 yd box 5 x/week 7,225.69 5,833.80 1,391.89 RO 20 yd box 6 x/week 8,856.23 7,000.55 1,855.68 RO 25 yd box per pickup $ 388.86 $ 361.90 $ 26.96 RO 25 yd box 1 x/week 1,848.66 1,568.20 280.46 RO 25 yd box 2 x/week 3,783.83 3,136.45 647.38 RO 25 yd box 3 x/week 5,578.05 4,704.70 873.35 RO 25 yd box 4 x/week 7,603.41 6,272.90 1,330.51 RO 25 yd box 5 x/week 9,711.97 7,841.15 1,870.82 RO 25 yd box 6 x/week 11,903.61 9,409.40 2,494.21 RO Compacted Rate Per Yard $ 49.42 $ 43.35 $ 6.07 Lock Charges - single pickup $ 3.02 $ 2.75 $ 0.27 Lock Charges - weekly pickup 13.70 12.45 1.25 Compacted refuse w/o recyclables 49.42 43.35 6.07 Compacted refuse with recyclables 40.72 34.65 6.07 Refuse per yard - per pickup 19.09 17.35 1.74 Box Rental - 1 yard 40.43 36.75 3.68 Box Rental - 2 yard 45.49 41.35 4.14 Box Rental - 3-5 yard 50.33 45.75 4.58 Box Rental - 6 yard 56.87 51.70 5.17 Box Rental - 10 yard 67.10 61.00 6.10 Box Rental - 18 yard 134.48 122.25 12.23 Box Rental - 20 yard 136.46 124.05 12.41 Box Rental - 25 yard 142.18 129.25 12.93 Return Trip Charge 29.59 26.90 2.69 Steam Clean Bin Charge 59.29 53.90 5.39 Overweight Charge Per Ton' 111.49 101.35 10.14 ***Comm'I boxes exceeding 300lbs/yard 1/24/2006 6 of 6 San Rafael - Exhibit C Rate Sheet 2006 Exhibit D Other Franchisors Report FRANCHISORS OF MARIN SANITARY SERVICE REVIEW OF MARIN SANITARY SERVICE'S 2006 RATE APPLICATION HILTON FARNKOPF & HOBSON, LLC a .H December 6, 2005 HILTON FARNKOPF & HOBSON, LLC Advisory Services to Municipal Management 2175 N. California Boulevard, Suite 990 Walnut Creek, California 94596 Telephone: 925/977-6950 Fax: 925/977-6955 www.hfh-consultants.com December 6, 2005 Mr. Kenneth Nordhoff Finance Director City of San Rafael 1400 Fifth Avenue San Rafael, CA 94915-1560 Mr. Alan H. Petrie District Manager Las Gallinas Sanitary District 300 Smith Ranch Road San Rafael, CA 94903 Northern California Southern California Central California Robert D. Hilton, CMC John W. Farnkopf, PE Laith B. Ezzet, CMC Mr. Gary Broad Administrator Town of Ross 31 Sir Francis Drake Blvd. Ross, CA 94957 Mr. Barry K. Hogue Mr. Jeff Rawles Ms. Jean Bonander District Manager Manager, Special Projects City Manager Ross Valley Sanitary District County of Marin City of Larkspur 2000 Larkspur Landing Circle 3501 Civic Center Drive, Rm. 404 420 Magnolia Avenue Larkspur, CA 94939 San Rafael, CA 94903-4155 Larkspur, CA 94939 Subject: Review of Marin Sanitary Service's 2006 Rate Application Dear Ms. Bonander and Messrs. Nordhoff, Hogue, Petrie, Rawles, and Broad: This report documents I Elton Farnkopf & Hobson, LLC's (HF&H) findings and recommendations from our review of Marin Sanitary Service's (MSS) application for a 3.8% increase to its solid waste rates, effective January 1, 2006 (Application), submitted to the Cities of San Rafael and Larkspur, the Town of Ross, the County of Marin, and the Las Gallinas and Ross Valley Sanitary Districts (collectively referred to as "Franchisors").' MSS also requested an additional 6.9% increase to the City of San Rafael solid waste rates to compensate for the revenue shortfall resulting from the transition of customers from the Las Gallinas Sanitary District rates to the City of San Rafael rates. The revenue shortfall was created primarily due to the increase in franchise fees. We will provide, under separate cover, to the City of San Rafael, our analysis used in determining an additional rate increase to compensate MSS. Findings Based on our review of the Application, performed in accordance with the Rate Index Methodology, we determined that a total increase of 2.3% to current rate revenues is necessary to compensate MSS for its expenses and provide it the agreed-upon level of profit. This lower increase is based on several adjustments to MSS' rate calculation (agreed-upon by MSS Management and HF&H) as described in Section IV of the report and reflected in Attachment 9 1 Refer to Attachment 1. MHILTON FARNKOPF & HOBSON, LLC Marin Franchisors Group December 6, 2005 Page 2 Survey of Comparable Rates Attachment 4 includes HF&H's survey of solid waste rates at various residential and commercial service levels for jurisdictions located throughout the Bay Area. The survey shows the Franchisors' average residential rate for 32 gallon service is slightly lower ($0.21/month) than the average of the Bay Area jurisdictions included in the survey (Attachment 5). The Franchisors' residential rates are 22% lower ($4.16/ month) than the other Bay Area jurisdictions with similar services. The Franchisors' commercial rates for a 3 -yard bin serviced one time per week range from $218.10 (RVSD) to $256.00 (Larkspur). The average rate for the Franchisors' is $241.31 which is 11.2% less than the other Bay Area jurisdictions with similar services and 3.3% less than all Bay Area jurisdictions included in the survey (Attachment 6). We caution the Franchisors that this survey is presented for information only. They should not draw conclusions from this information, because rate comparisons are intrinsically difficult. This difficulty results from differences in items such as: 1. The services provided; 2. The terrain in which the service is performed; 3. Disposal costs; 4. Rate structures; and, 5. Governmental fees (e.g. franchise fees, vehicle impact fees, etc). We would like to express our appreciation to Company management and staff for their assistance. In addition, we express our appreciation to each of you for assistance and guidance during the course of the review. Should you have any questions, please call me at 925-977-6952. Very truly yours, HILTON FARNKOPF & HOBSON, LLC Robert D. Hilton, CMC President cc: Ms. Marva Sheehan, Hilton Farnkopf & Hobson, LLC Mr. Joseph Garbarino, Marin Sanitary Service Mr. Joseph J. Garbarino, Marin Sanitary Service Ms. Patricia Garbarino, Marin Sanitary Service Mr. Ray Holmes, Marin Sanitary Service S: \ Clients � S \ Saii Rafael \ 2005 - SW\ 53710 - Rate Review \ Report \ Draft Report _11-30-05.doc Franchisors of Marin Sanitan/ Service Table of Contents Review of Maritr Sattitanj Service's 2006 Rate Application — Draft Report TABLE OF CONTENTS SECTIONI. BACKGROUND........................................................................................................................1 DESCRIPTION OF SERVICES...................................................................................................................1 SECTION II. RATE REVIEW APPROACH................................................................................................... 2 SCOPEOF WORK.................................................................................................................................... 2 LIMITATIONS.......................................................................................................................................... 2 SECTION III. MARIN SANITARY SERVICE'S PROJECTION METHODOLOGY ........................................ 3 REVENUES.............................................................................................................................................. 3 EXPENSES............................................................................................................................................... 3 PROFIT.................................................................................................................................................... 4 SECTION IV. PROPOSED ADJUSTMENTS................................................................................................. 5 ADJUSTMENTS TO 2005 PROJECTED REVENUES................................................................................... 6 ADJUSTMENTS TO 2005 PROJECTED EXPENSES.................................................................................... 6 SECTIONV. RATE ADJUSTMENT.............................................................................................................. 9 ATTACHMENTS Attachment 1 - Marin Sanitary Service Rate Application Summary Attachment 2 -Hilton Farnkopf & Hobson Adjustment Summary Attachment 3 - Adjusted Rate Application Summary Attachment 4 - Rate Survey Attachment 5 - Chart of Residential 32 -Gallon Rates Attachment 6 - Chart of Commercial 3-CY Rates December 6, 2005 Franchisors of Matin Sanitanl Service Background Review of Marirt Sanitaiij Service's 2006 Rate Application — Draft Report SECTION I. BACKGROUND Description of Services Marin Sanitary Service (MSS) provides solid waste, recyclable materials, and yard waste collection and processing services to the residents and businesses of the Cities of San Rafael and Larkspur, the Town of Ross, the County of Marin, and the Las Gallinas and Ross Valley Sanitary Districts (collectively referred to as "Franchisors"). In addition, MSS and its related entities (Marin Resource and Recovery (MRR) and Marin Resource Recovery Center (MRRC)), provide solid waste, recyclable materials, and yard waste collection and processing services to the residents and businesses of San Anselmo, the north area of the Ross Valley Sanitary District, Fairfax, and San Quentin prison. MSS also provides non -franchised debris box services to residents and businesses throughout the County of Marin that contract for their services. MSS delivers refuse collected from waste generators within the Franchisors' service area to MSS' transfer station (Marin Sanitary Service Transfer Station) then transports it to the Redwood Sanitary Landfill. MSS delivers recyclable materials to the MRR, where materials are processed and marketed. MSS delivers recyclable -rich loads of refuse (typically commercial) and separated yard waste loads (collected from residents), along with public self -haul loads, to the MRRC facility where recyclable materials are extracted from the waste stream, processed, and marketed. MRRC delivers residual waste, remaining after the recyclable materials are extracted, to the transfer station. This residual waste is transferred to Redwood Sanitary Landfill or Potrero Hills Landfill. New Recvclina Services Marin Sanitary Service (MSS) proposes to change the method of residential recycling collection from a three -stream to a dual -stream process, in response to customer demand for a more convenient method of recycling. The dual -stream recycling program will be phased in over several years and will enhance customer satisfaction through the use of a wheeled cart, while still ensuring the highest quality of finished product. MSS plans to convert six routes of the 9.5 recycling routes during 2006, distributing 14,000 carts to customers. Each route will be serviced by new dual -stream trucks. The new trucks will meet all of the State of California clean air diesel regulations and will replace the oldest vehicles of the truck fleet. The conversion of the Franchisors' Group routes will continue through 2007 with the purchasing of new trucks and carts as needed. Decetrtber 6, 2005 Franchisors of Marin Sanitan/ Service Rate Review Approach Review of Maritt Sanitanj Service's 2006 Rate Application — Draft Report SECTION II. RATE REVIEW APPROACH Scope of Work Rate Adjustment Methodology The Rate Index Methodology was developed and approved in 1995. This method was used to determine 2006 rates, based on the projected results of operations from the 2005 rate review adjusted by change in certain indices (e.g., consumer price index, employment cost index and the transportation index) and new projections of certain costs (e.g., disposal expense, fuel expense, workers' compensation expense, depreciation, interest expense, and fees imposed by the Marin County Hazardous and Solid Waste Management Joint Powers Authority) and revenues (e.g., collection rate revenues). The Franchisors engaged HF&H in August 2005 to perform a limited review of the Application in accordance with the Rate Index Methodology. The scope of this review is described in our engagement letter dated July 8, 2005. Limitations Our review was substantially different in scope than an examination in accordance with Generally Accepted Auditing Standards, the objective of which is the expression of an opinion regarding the financial statements taken as a whole. Accordingly, we do not express such an opinion. However, Chiao Smith and Associates has issued an unqualified opinion of MSS' 2004 financial statements. Our conclusions are based on the review of MSS' projections of its financial results of operations. Actual results of operations will usually differ from projections, because events and circumstances frequently do not occur as expected, and the difference may be significant. December 6, 2005 Franchisors of Marin Sanitanl Service Marin Sanitanl Service's Projection Methodology Review of Marin Sanitary Service's 2006 Rate Application — Draft Report SECTION III. MARIN SANITARY SERVICE'S PROJECTION METHODOLOGY On September 8, 2005, MSS submitted a rate application to the Franchisors requesting that solid waste collection rates be increased by 3.8%, effective January 1, 2006. They also requested an additional 6.9% increase to the City of San Rafael's solid waste collection rates to compensate for additional expenses, predominantly additional franchise fees due to the City of San Rafael, as the result of the transition of Las Gallinas "City" accounts to the City of San Rafael. (A summary of MSS' rate application is included as Appendix A). The following describes MSS' methodology in projecting 2006 revenues and expenses. Revenues Route Revenues MSS projected its net 2006 rate revenues ($19,525,974) by annualizing the revenues received through July 2005 and calculating franchise fees payable to each jurisdiction in accordance with the franchise agreements. Non -Regulated Revenues MSS projected 2006 non-regulated revenues of $48,090 by annualizing revenues received through June 2005. The non-regulated revenues are disposal fees received at the transfer station for the transfer, transport, and disposal of solid waste from MSS' recycling facility (MRR) and Household Hazardous Waste. Expenses MSS projected its 2006 expenses by: • Wages. Multiplying 2005's estimated wages and salaries expense by 1 plus the 1.1 % percentage change in the San Francisco -Oakland -San Jose Metropolitan Consumer Price Index (Urban Wage Earners) from June 2004 to June 2005. • Benefits. Multiplying 2005's estimated benefits expense by 1 plus the 4.9% percentage change in the Employment Cost Index -Benefits (Private Industry Workers) from June 2004 to June 2005. • Disposal Fees. Multiplying 2005's estimated disposal expense by 1. MSS does not anticipate a change in its per -ton tip fee at Redwood Landfill. MSS proposed an adjustment of $247,937 to adjust the 2004 disposal expense to actual and to project the 2006 disposal expense by annualizing disposal costs through June 2005. • Fuel. Multiplying 2005's estimated fuel expense by 1 plus the 19.6% change in the Consumer Price Transportation Index - Motor Fuel (All Urban Consumers) from July 2004 to July 2005. MSS proposed an additional adjustment of $63,331 to reflect the current trend in fuel prices. December 6, 2005 Franchisors of Marin Sanitan/ Service Marin Sanitan/ Service's Projection Methodology Review of Marin Sanitanj Service's 2006 Rate Application — Draft Report • Maintenance. Multiplying 2005's estimated maintenance expense by 1 plus the 3.2% percentage change in the Consumer Price Transportation Index - Motor Vehicle Maintenance and Repair (All Urban Wage Earners) from July 2004 to July 2005. • Depreciation/Lease. Adding current asset values to the values of replacement vehicles, replacement containers, and computer equipment MSS is planning to acquire, and capital expenses related to retrofitting vehicles to be in compliance with California's new CARB regulations. • Other Operating/G&A. Multiplying 2004's estimated other operating/G&A expense by 1 plus the 1.1 % percentage change in the San Francisco -Oakland -San Jose Metropolitan Consumer Price Index (All Urban Consumers) from July 2004 to July 2005. MSS proposed an adjustment of $84,020 to reflect the current JPA fees per ton. • Interest. Interest expense was calculated using amortization tables to calculate the actual interest portion of future debt payments. Profit MSS calculated its 2005 profit of $1,735,489, applying a 90.5% pre-tax operating ratio, to its 2006 total projected expenses eligible for profit. December 6, 2005 Franchisors of Matin Sanitan/ Service Proposed Adjustments Reviezv of Marin Sanitan,/ Service's 2006 Rate Application — Draft Report SECTION IV. PROPOSED ADJUSTMENTS The following is a summary of I iF&H's proposed adjustments to MSS' projected 2006 revenues, expenses, and profit. 8. Adjusted Net Route Revenue (Line 3 + Line 6 + Line 7) 18,118 9. Non -Regulated Revenues Projected by MSS 48 11. Total Projected Net Revenues (Line 8 + Line 9) 18,166 EXPENSES 12. Operating Expenses Eligible for Profit Projected by MSS Exhibit 1 13. Marin Sanitary Service - Rate Adjustment Calculation 14. As Adjusted By HF&H 130 15. ($000's Unless Otherwise Indicated) (27) 16. Workers Compensation Projected 17. Disposal Fees YE 2006 REVENUES Adjusted Operating Expenses 16,394 1. Route Revenue Projected By MSS 19,526 2. Route Revenue Adjustment 102 3. Adjusted Gross Route Revenues 19,628 4. Less: Franchise Fees Projected By MSS (1,304) 5. Recalculation of Franchise Fees Based on Revenue Adj. Above (10) 6. Adjusted Franchise Fees (1,314) 7. Less: Vehicle Impact Fees Projected by MSS (196) 8. Adjusted Net Route Revenue (Line 3 + Line 6 + Line 7) 18,118 9. Non -Regulated Revenues Projected by MSS 48 11. Total Projected Net Revenues (Line 8 + Line 9) 18,166 EXPENSES 12. Operating Expenses Eligible for Profit Projected by MSS 16,533 13. HF&H Operating Expense Adjustments 14. Fuel Expenses 130 15. Depreciation (27) 16. Workers Compensation (219) 17. Disposal Fees (22) 18. Adjusted Operating Expenses 16,394 19. Profit at 90.5%, Operating Ratio Projected by MSS 1,735 20. Recalculation of Profit Based on 90.5% Op Ratio (15) 21. Adjusted Profit 1,721 22- Interest Expense Projected by MSS 496 23. HF&H Interest Expense Adjustment (21) 24. Adjusted Interest Expense 474 25. Total Revenue Requirement (Lines 18 + Line 21 + Line 24) 18,589 26. Surplus/ (Deficit) (Line 11 - Line 25) (423) 27. Rate Adjustment (-Line 25 / Line 8) 2.3 " "' 5 Deceniber 6, 2005 Franchisors of Morin Sanitanl Service Proposed Adjustments Review of Marin Sanitanj Service's 2006 Rate Application — Draft Report Adiustments to 2006 Proiected Revenues Route Revenue Adjustments (Line 2): HF&H recommends a $111,898 net increase in projected route revenues. MSS' projection methodology of annualizing July 2005 YTD route revenues resulted in 2005 estimated revenues being approximately 0.2% less than expected based on the rate increases effective January 1, 2005. HF&H found November and December 2004 revenues were uncharacteristically high while January and February 2005 revenues were uncharacteristically low. To calculate an accurate estimate of 2006 revenues based on current subscription levels and current rates, HF&H and MSS agreed on restating projected revenues by using actual revenue through September 2005 and projecting October, November, and December 2005 by multiplying October, November, and December 2004 actual revenues by the percentage change in actual revenue from January through September 2005 compared to January through September 2004. Effective March 1, 2005, customers in the Las Gallinas Sanitary District that reside within the City of San Rafael were converted to the City of San Rafael approved refuse rates. This conversion caused an increase in revenue collected by MSS. FIF&H recommends a $10,073 reduction to the Las Gallinas - City revenue in order for the Franchisors Group to not be affected by the conversion. After this adjustment, the Las Gallinas - City revenue will equal the 2005 revenue projected during last year's rate review. There are additional expenses, predominately franchise fees, incurred by MSS as a result of the account conversion. These expenses and the additional revenues collected beyond the projected 2005 revenue are included in the separate report for the City of San Rafael. In addition, HF&H tested rates before and after the rate increase for each member agency to verify MSS implemented the correct rate adjustment. The rate adjustments were made between January 2005 and July 2005 and were effective January 1, 2005; therefore, MSS applied a one- time retroactive adjustment to each account as necessary. HF&H also tested accounts from each member agency to verify the correct calculation of the retroactive adjustment and to verify the retroactive adjustment was billed. HF&H found only minor immaterial discrepancies, which are not systematic, and is confident MSS correctly implemented the required rate increase and retroactive adjustments. Franchise Fee Adjustment (Line 5): HF&H recommends a $9,789 net increase in projected franchise fees as the result of the revenue adjustment described above. Adiustments to 2006 Proiected Expenses Fuel Expenses: HF&H recommends a $129,579 increase in fuel expenses. Based on the following: • A $10,063 increase due to an adjustment for the difference between actual 2004 fuel expenses and projected 2004 fuel expenses, determined from the 2005 rate review. The 2004 rate adjustment made as a result of the 2005 rate review was calculated based on a projected 23.5% increase in fuel expense. The actual percentage increase in the price per gallon of fuel was 25.9%. December 6, 2005 Franchisors of Marin Sanitan/ Seruice Proposed Adjushnents Review of Marin Sanitanj Service's 2006 Rate Application — Draft Report An $83,414 increase due to a 30.1% increase in 2005 fuel expenses over 2004 actual fuel expenses. The Franchisors and MSS agreed to make an adjustment in the 2006 review to reimburse MSS for greater -than -projected fuel expenses if the price -per - gallon increased greater than the 16.5% CPI used to project 2005 fuel expenses from last year's 2004 base. As described above, HF&H reconciled the base calculated in last year's review and has increased the 2004 base by $10,683. 1 IF&H's review of the fuel pricing concluded the current 2005 price per gallon is 30.1% greater than the adjusted 2004 base (based on 8 months of fuel expenses). Again, due to the volatility of diesel fuel prices, the 30.1% projected increase may over- or under -project actual fuel expenses for 2005. MSS and Franchisors may agree to make a one-time adjustment in the 2007 detail review for the difference between projected 2005 fuel expenses and actual 2005 fuel expenses based on 12 months of fuel expenses incurred by MSS. A $36,102 increase in projected 2006 fuel expense due to the difference between MSS' calculations and HF&H's calculations. For the rate application, MSS calculated projected 2006 fuel expense based on the 2004 base fuel expense calculated in last year's review and multiplied the base amount by 1 plus the percentage change in the fuel index from August 2003 to August 2004 (16.5%) to calculate the 2005 expense, and then multiplied the 2005 base by 1 plus the percentage change in actual fuel expense between 2005 fuel expenses and actual 2004 fuel expenses (30.1%). As described above, HF&H increased the 2004 base by $10,683 (from $517,735 to $527,798), and increased the 2005 base by $83,414 (from $603,161 to $686,575). HF&H applied the percentage change in the fuel index (19.6%) to the new base in projecting 2006 fuel expenses. Again, due to the volatility of diesel fuel prices, the 19.6% projected increase may over- or under -project actual fuel expenses. MSS and Franchisors may agree to make a one-time adjustment in the 2007 detail review for the difference between projected 2006 fuel expenses and actual 2006 fuel expenses. Depreciation/Lease (Line 15): HF&H recommends a $33,000 decrease in depreciation expense, due to the following: A $7,000 decrease to remove 6 months of depreciation for assets budgeted for replacement in July 2006 for which MSS mistakenly included 12 months of depreciation in its rate application; • A $2,257 decrease to remove depreciation expense related to non-regulated operations mistakenly included in the regulated operations rate application. An $18,158 decrease to adjust depreciation to reflect the expected cost of 2006 purchases and accurately reflect the anticipated roll-out date of the dual stream recycling program. Workers Compensation (Line 16): IIF&H recommends decreasing workers compensation by $218,746 due to the following: • A $218,746 decrease to reflect a decrease in workers compensation Mod rate from 81 to 73 and a decrease in its premiums. December 6, 2005 Franchisors of Marin Sanitan/ Service Proposed Adjttshnents Review of Marin Sanitanj Service's 2006 Rate Application — Draft Report Disposal Fees/Yard Waste Processing (Line 17): HF&H recommends decreasing solid waste disposal expense and yard waste processing fees by $22,042, due to the following: A $16,435 decrease in disposal expense based upon HF&H's recalculation of the 2004 disposal expense based upon tonnage reports provided by MSS. A $5,607 decrease in disposal expense for 2005. HF&H projected solid waste disposal and yard waste processing costs by annualizing the actual June YTD disposal and processing tonnage and excluded all non-regulated (i.e., San Anselmo, Fairfax, and RVSD-North) tonnage. Profit (Line 20): HF&H recommends decreasing MSS' profit by $14,555 due to the adjustments recommended above. Interest Expense (Line 23): HF&H recommends decreasing interest expenses by $21,431 to exclude interest expense relating to non -franchised operations that were included in error, to adjust the financing of the 2006 expected purchases, to accurately reflect the roll-out date of the dual stream recycling program, and to exclude interest expense included twice in error. December 6, 2005 Franchisors of Marin Sanitan/ Service Rate Adiushnent Reviezv of Marin Sanitanj Service's 2006 Rate Application — Draft Report SECTION V. RATE ADJUSTMENT Rate Adiustment Based on a revenue requirement of $18,589,455 for the calendar year 2006 resulting from our recommended adjustments to MSS' projected revenues, expenses, and profit (calculated based on a 90.5% operating ratio) and the inclusion of the City of San Rafael's vehicle impact fee, we recommend a rate increase of 2.3 %, effective January 1, 2006. December 6, 2005