Honorable Mayor and Members of the City Council Phil Kamlarz, City Manager. Fees: Establishing Refuse and Organics Collection Rates

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1 Office of the City Manager ACTION CALENDAR July 7, 2009 To: From: Submitted by: Subject: Honorable Mayor and Members of the City Council Phil Kamlarz, City Manager Tracy Vesely, Budget Manager Fees: Establishing Refuse and Organics Collection Rates RECOMMENDATION Conduct a public hearing, complete the majority protest process required by Proposition 218 as adopted by Council Resolution 64,424-N.S., and upon the conclusion of the public hearing, if there is no majority protest, adopt a Resolution setting rates for residential and commercial refuse collection, recycling and special services, and rescinding sections 1 20 of Resolution 63,355-N.S., effective July 12, SUMMARY Berkeley has a long commitment to reducing and ultimately eliminating/diverting the waste that goes to landfills. The City has one of the oldest municipal recycling programs in the nation, and in 2007, the City Council adopted a Zero Waste Policy. The City and the community are committed to reducing waste, recycling and reusing everything possible, and redesigning or eliminating non-recyclables. In order to reach this goal, the City has added critical services such as a weekly organics program. However, refuse collection rates have not been increased since July 1, 2006, and the cost of refuse and recycling services continues to rise. In order to cover increased costs and fund new programs, this report proposes a rate increase for residential and commercial refuse collection services if there is no majority protest of the rate increase. On April 21, 2009, Council adopted Resolution 64,424 N.S. (copy attached) that established the process and procedures for increasing property related fees and charges under Proposition 218 and set a public hearing for July 7, 2009 to consider the proposed rate increase. Pursuant to this process, notices were mailed to property owners on May 20, 2009, commencing the 45-day majority protest process. Protests will be tabulated at the conclusion of the public hearing and then Council will consider the proposed rate increase if there is no majority protest. FISCAL IMPACTS OF RECOMMENDATION The Refuse Fund has a forecasted annual operating shortfall that has depleted the available fund balance. Initial projections as contained in the April 21, 2009 report to Council projected annual shortfalls in FY 2010 of $5.5 million and $5.7 million in FY However, continued erosion of the revenues supporting the fund has increased 2180 Milvia Street, Berkeley, CA Tel: (510) TDD: (510) Fax: (510) manager@ci.berkeley.ca.us Website:

2 Refuse Collection Rate Increase ACTION CALENDAR July 7, 2009 these projections to an annual shortfall of about $6.5 million. This report proposes increasing residential and commercial collection rates to generate about $3.8 million in new annual revenue, resulting in proposed rates for residential collection to increase by an average of $4.20 per month. A future report will recommend an increase to Transfer Station and other non property related fees to generate an additional $700,000 in new revenue. In addition to the new revenue, we must reduce operating costs and improve service efficiencies to save an additional $1.5 - $2 million per year. CURRENT SITUATION AND ITS EFFECTS Refuse Fund The Refuse Fund is a self-supporting enterprise fund that was created to support the activities related to the removal of waste in the City of Berkeley and covers the costs of operation of refuse and recycling collection services; transfer station operations; other refuse related programs including Litter Collection, Graffiti Abatement, Street Sweeping and Neighborhood Cleanups. Fees for commercial and residential garbage collection, disposal of waste at the City s transfer station, and Franchise Fees from commercial haulers are the principal revenue sources that generate the majority of the revenue to this fund. Generally, for most residential customers, refuse fees are billed annually and generally collected through the payment of property tax bills, while commercial customers are directly billed by the Finance Department on a quarterly basis. Other key revenues include transfer station operations and franchise fees. Not all of the revenues to the fund are subject to the provisions of Proposition 218 (such as Transfer Station fees and franchise fees). Residential and commercial collection fees are considered property-based fees and are therefore subject to Proposition 218 requirements, which are discussed further below. Refuse Fund Multi-year Forecast While the proposed rate increase is expected to generate about $4 million per year, the Refuse Fund deficit requires additional balancing measures. Currently, the fund is projected to end FY 2009 with a $450,000 deficit with a recurring annual shortfall of about $6.5 - $7 million. The current economy has played a role in worsening the outlook for this fund. Recent analysis indicates a sharp decline in revenues generated by Transfer Station activities, with FY 2009 realizing a reduction in these revenues of about $700,000. Combined with other revenue reductions in both commercial and residential accounts, revenues to this fund declined by about $1.5 million in FY 2009 over the adopted projections. This impacts our projections for future years and adds to the deficit projections. While staff will pursue an increase to the rates charged at the Transfer Station (hoping to generate about $700,000 in revenue), the City must reduce costs by about $1.5 - $2 million in order to fully balance the fund. The combination of revenue losses due to the economy and increased operating costs have wiped out the fund s reserve balance and caused a large recurring annual shortfall. Staff proposes a balancing plan comprised of a combination of residential and commercial rate increases, a rate increase for Transfer Station fees and significant cost reductions. 2

3 Refuse Collection Rate Increase ACTION CALENDAR July 7, 2009 The Balancing Plan Generating Revenue After concluding a rate study that balances the operating costs and revenues of the Refuse Fund to comply with Proposition 218 requirements for property-related fees, and in light of the projected fund deficit, staff is recommending an increase to residential, commercial, and roll-off container rates of about 20 percent or an average of $4.20 for residential customers with 32 gallon cans. In addition, staff will propose to increase Transfer Station rates by 10 percent. This report does not include recommendations to increase fees at the Transfer Station, increase franchise fees, or increase other nonproperty based fees such as unscheduled roll-off containers. A separate report will be presented to City Council on July 14, 2009 that recommends increases to a number of non property-based fees, including Transfer Station fees. However, the analysis to determine the level of increase to residential and commercial rates considers increases in non property-based revenues thereby reducing the overall proposed increase to residential and commercial rates. Separately, staff will conduct a thorough review of all franchise agreements to determine the feasibility to increase these rates. This analysis will most likely be conducted during the summer months, with a possible recommendation presented to Council in the fall of Reducing costs In addition to generating revenues through fee increases, staff must reduce operating costs by about $1.5 - $2 million a year. Currently, the City does not charge for commercial recycling services. In order to avoid subsidizing these services, and to conform to Proposition 218 requirements, staff is proposing that either the City charge for this service, or that the service be discontinued. This change could result in savings of about $1.2 million per year. Staff will also consider modifications to staffing that will result in a reduction of overtime costs. A complete analysis of all programs supported by the Refuse Fund is in process to identify additional reductions to help balance the fund. CPI annual inflator To address annual cost increases, the recommended rate includes authorization of an annual inflator. This inflator is recommended to be the lesser of 3% or the increase in cost of service over the prior year, as analyzed in the R3 consultant rate study. Zero Waste Commission At its March 23, 2009, regular meeting, the Zero Waste Commission made the following motion in support of the proposed rate increase: The City of Berkeley Zero Waste Commission supports the proposed 20% waste and recycling rate increase in order to maintain our current level of service and programs that advance our Zero Waste and Greenhouse Gas reduction goals. We further recommend that Council study the possibility of increasing the commercial franchise fee in connection with City service provision in order to finance new and necessary zero waste programs. M/S Kalil/Tam to approve resolution 7/0/0. Staff will continue to work with the Zero Waste Commission to improve service delivery and meet our zero waste goals. 3

4 Refuse Collection Rate Increase ACTION CALENDAR July 7, 2009 Rates in Comparable Cities Staff has compared its current and proposed collection rates with neighboring agencies. Even with the rate increase, Berkeley offers a competitive rate for its quality service. It is difficult to make a direct comparison, since our neighboring cities do not offer their own service, but instead, contract out for service. However, below is a table that summarizes these findings. Several of these agencies have indicated plans for a rate increase. Berkeley proposed rate compared to other city s current rates (32 gallon can/ one collection per week) City Rate Piedmont El Cerrito Berkeley Richmond Oakland Albany Fremont San Leandro Subsidies: Low Income & Elderly and Disabled Proposition 218 requires that fees for property related services must be reasonably proportionate to the cost of the service. Thus, rates may not be set so that some ratepayers subsidize others. Currently, the City offers a discounted rate to about 118 elderly and disabled customers for the provision of backyard service. This service is normally charged at double the base rate, however customers that qualify for this program are only charged the base rate a 50% savings an annual cost to the City of about $231,000. The rate model accounts for the cost of this subsidy and attributes this cost to non property-based revenues to cover the cost. Currently, there is not a program for low-income customers for garbage collection fees. With the implementation of this increase, staff is proposing to implement a low-income program similar to the program offered as part of the Sanitary Sewer Program. Staff projects an annual cost of approximately $30,000 as a result of this program and proposes to offset this new cost with General Fund revenues. Outdated Rate Model & Cost of Recycling While the current cost of service model accounts for all costs attributed to the collection of garbage and recycling for FY 2010, ours is an outdated business model. The current model basically charges customers for collection services based on garbage can size. The primary goal of the City is to reduce waste through recycling and reusing everything possible, and redesigning or eliminating non-recyclables. Since the City does not charge for recycling services separately, as waste is reduced and recycling increases, the current model will not cover the cost of all services. This is because customers will be paying less for refuse collection (as their can size decreases) while costs to the City for collection services remain the same. This is a dilemma faced by most waste collection agencies. Staff is already working toward developing a model that better reflects our service delivery goals, and will return to Council within a year with a proposed revised business model. 4

5 Refuse Collection Rate Increase ACTION CALENDAR July 7, 2009 Proposition 218 While the City has always complied with State law when increasing refuse rates, a court case decided in the summer of 2006 (Bighorn-Desert View Water Agency v. Verjil) clarified the need to conduct a majority protest process in order to consider a refuse rate increase. The majority protest process allows property owners to file written protests with the City prior to the Council approving a fee increase. If more than 50% of property owners of parcels within the City object, the Council cannot approve the new fees. This process, as further described below, introduces a new element into the refuse rate setting process. In addition, staff determined that a complete review of the rate structure was needed in order to confirm the appropriate balance of costs for service as this had not been completed in many years. In order to accomplish this detailed review, City staff contracted with an outside consultant in April 2007 to assist in the rate review. The provisions of Proposition 218 set criteria for property-related fees for refuse, water and sewer services. The fees must be set so that: The revenues generated by the fee do not exceed the cost of service; No property owner s fee exceeds his/her proportionate share of the costs; The City does not impose a property-related fee for a service that is not available to the property owner. Majority Protest Process In 1996, the voters adopted Proposition 218. Among other things, Proposition 218 requires a specific process for cities to impose or increase certain types of fees. In particular, the provisions of Proposition 218 set forth in Article XIIID of the California Constitution provide that certain types of Property Related Fees are subject to a majority protest process. The City has determined that its refuse collection fees are Property Related Fees under Proposition 218. Proposition 218, and subsequent legislation AB 1260, define the process for establishing or adjusting property-based fees. The process requires that a notice of the proposed fee be sent to all property owners in the City and that 45 days after the notice is sent a public hearing is conducted by City Council. During the 45-day period and up until the close of the public hearing, a property owner may protest the fee by submitting a written protest. If more than 50% of the property owners of record in the City protest the fee, the Council would be prohibited from enacting the fee change. Proposed Service Changes to Reduce Costs Staff also proposes a number of minor adjustments to the Refuse Rate Resolution to reduce costs through operational efficiencies. These changes are reflected in the Rate Resolution that Council will consider at the July 7th meeting. Phase out service for 45 gallon cans Collection workers lift these cans and dump the contents into a rolling container to transfer to the truck. 45-gallon cans often exceed safe lifting weight. Backyard service is typically used by elderly and disabled customers (over 62 years old, or with medical limitations that prevent them wheeling a cart to the curb), and by a few residential customers where curbside service is unsafe. In the past, a larger can size option was needed because many of these customers had no recycling service. Since backyard 5

6 Refuse Collection Rate Increase ACTION CALENDAR July 7, 2009 recycling service is now provided at no charge, requiring 32 gallon cans for new exemptions should not cause hardship. We propose to keep the 45-gallon rate in the ordinance in order to continue servicing existing cans, but we will no longer authorize new 45-gallon service. Phase out 1.5 Yard Bins 1.5 yard refuse bins will be phased out as these bins wear out and are removed from service. The purpose is to reduce the need to stock inventory. One and two yard bins are available, and meet the industry standard. Monthly collection fees and cleaning fees for 1.5-yard bins will remain in the ordinance for existing customers. Change Rental Fee to Maintenance Fee for bin service These fees traditionally cover bin maintenance costs. This change will simplify our ability to provide necessary safety maintenance to bins owned by the customer, such as replacing broken wheels and repairing leaks, without the need for special approval. The refuse industry typically includes maintenance costs in the service rates. However, some of the City s rate formulas are a percentage of the service rate; adding the maintenance fee to service rates would result in an increase for some customers above the generally advertised twenty percent. Therefore, these fees will remain separate charges until a new structure is introduced. Change standard for imposing a Distance Fee The City charges a distance fee to compensate for the additional time to transport materials a long way to the truck. The distance fee will be charged at 50 feet instead of 100 feet. This is in accord with industry standards. The distance fee will not apply where the collection truck can be driven safely to within 50 feet of the bin. RATIONALE FOR RECOMMENDATION The Refuse Fund is an enterprise fund and fees are intended to recover all costs. ALTERNATIVE ACTIONS CONSIDERED No alternative actions have been considered. Should the rates not increase to cover the costs of operations; the City will be required to reduce collection services and eliminate new programs. CONTACT PERSON Tracy Vesely, Budget Manager, City Manager s Office, Claudette Ford, Public Works Director, Attachments: 1) Resolution establishing refuse rates 2) Resolution No. 64,424 N.S. 6

7 RESOLUTION NO. N.S. ESTABLISHING RATES FOR PROPERTY BASED REFUSE AND RECYCLING SERVICES WHEREAS, in April 2007, the City engaged a consultant to evaluate residential and commercial collection costs and revenues, and develop a rate model to assist staff with determining the appropriate balance of costs for services; and WHEREAS, on April 21, 2009, the City Council adopted Resolution No. 62,424 N.S. adopting procedures for establishing and increasing property related fees and conducting majority protest procedures pursuant of Article XIIID of the California Constitution; and WHEREAS, on April 21, 2009, the City Council set a public hearing on July 7, 2009, to consider protests and increase refuse and recycling collection rates if there is no majority protest; and WHEREAS, on May 20, 2009 and May 21, 2009 the City mailed written protest forms to 28,627 owners of real property in the City of Berkeley, constituting all owners of real property in the City as shown on the last Alameda County equalized assessment roll; and And either WHEREAS, Resolution No. 62,424 N.S. provides: The City Clerk shall begin tabulating written protests immediately following the close of the public hearing. The City Manager may retain a private firm with demonstrated experience in tabulating written protests to assist the City Clerk. If, at the conclusion of the public hearing, cursory review of the protests received demonstrates that the number received is manifestly less than one-half of the parcels served by the City with respect to the fee which is the subject of the protest, then the City Clerk may advise the City Council of the absence of a majority protest without tabulating the protests; WHEREAS, the City Clerk has tabulated all of the valid, timely-returned written protests and has determined that there are valid protests, which is less than a majority of the owners of the identified parcels. or WHEREAS, after a cursory review of the protests received, the City Clerk has determined that the number received is manifestly less than one-half of the parcels served by the City with respect to the proposed refuse and recycling fee and has advised the City Council of the absence of a majority protest Milvia Street, Berkeley, CA Tel: (510) TDD: (510) Fax: (510) manager@ci.berkeley.ca.us Website:

8 NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley as follows: Section 1. Pursuant to Section of the Berkeley Municipal Code, the City Council adopts the service charges and fees set forth below. Section 2. For citywide refuse collected and removed in carts or cans, the rates and charges shall be as follows: (a) The monthly rates shall be as follows: Container Size Number of Collections Per Week 1X 2X 3X 4X 5X 6X 7X 13 Gallon $ $ $ $ $ $ $ Gallon $ $ $ $ $ $ $ Gallon $ $ $ $ $ $ $ Gallon $ $ $ $ $ $ $ Gallon $ $ $ $ $ $ $ Gallon $ $ $ $ $ $ $ (b) For residential customers who desire service on their property other than within 10 feet of curbside, there shall be a surcharge of 100% of the otherwise applicable base refuse collection charge, except for provisions made for eligible elderly and disabled customers. For purposes of this paragraph a residential customer is defined as any customer who has 5 or fewer refuse containers picked up per week and has less than one cubic yard of weekly refuse service. (c) For commercial customers who desire backyard refuse service there shall be a surcharge of 20% of the otherwise applicable base refuse collection fee. For commercial customers who desire backyard collection of recycling carts or cans there shall be a surcharge of $10.00 per container per month. For purposes of this paragraph a commercial customer is defined as any customer who has either 6 or more refuse containers picked up per week or has 1.0 cubic yards or more of refuse service per week. (d) Where a can is located up or down a flight of stairs, there shall be a surcharge of $5.10 per month per can for each flight of stairs. For purposes of this section, a flight of stairs is defined as at least 10 steps. This surcharge shall be multiplied by the number of service pickups required per week. (e) Where a commercial can is located more than 50 feet from the curb, there shall be a surcharge of $3.85 per month per can for each additional 50 feet or portion thereof. This surcharge shall be multiplied by the number of service pickups required per week. 2

9 Section 3. For fire fuel collection and removal, there shall be a surcharge to the otherwise applicable monthly rate in the Fire Surcharge Area defined in Exhibit A, as follows: Fire Surcharge - Former District 3 Container Size Number of Collections Per Week 1X 2X 3X 4X 5X 6X 5X 13 Gallon $ 0.65 $ 1.28 $ 2.04 $ 2.85 $ 3.71 $ 4.67 $ Gallon $ 1.00 $ 2.02 $ 3.02 $ 4.28 $ 5.54 $ 6.80 $ Gallon $ 1.52 $ 3.04 $ 4.82 $ 6.71 $ 8.77 $ $ Gallon $ 2.17 $ 4.34 $ 6.82 $ 9.52 $ $ $ Gallon $ 3.04 $ 6.10 $ 9.60 $ $ $ $ Gallon $ 4.58 $ 9.14 $ $ $ $ $ Section 4. For front- and rear-loading refuse bins (containers other than carts as defined by BMC A) that are mechanically picked up and emptied by the collection vehicles, the rates and charges shall be as follows: (a) Monthly rental rates and service rates shall be as follows: Capacity Monthly in Cubic Rental Service Collection Charge Based on Number of Collections Per Week Yards Rate 1X 2X 3X 4X 5X 6X 7X 8X 1 $20.04 $ $ $ $ $ $ $ $1, $22.43 $ $ $ $ $ $1, $1, $1, $24.95 $ $ $ $ $1, $1, $1, $29.99 $ $ $1, $1, $1, $2, $2, $44.86 $ $ $1, $1, $2, $3, $3, $44.86 $ $1, $1, $2, $3, $3, $4, $49.64 $ $1, $2, $2, $3, $4, $5, (b) No new 1.5 yard bin service will be provided. (c) Rates for cleaning, special one-time pickup, and short term (four-day) rentals shall be as follows: Capacity in Cubic Yards Special Pick Up Rate Short Term Service Rate Cleaning Rate 1 $57 $ $59 $57 2 $63 $67 $96 3 $67 $91 $116 4 $70 $108 $146 5 $76 $133 $166 6 $81 $153 $185 For containers left over four days, the additional charge shall be $17.50 per day, for no more than two additional days. For containers left over six days, the service will be considered a new service and a new full short term rate shall be charged in addition to the original and extra day. 3

10 (d) A surcharge of 10% for refuse, and $10.80 per bin per pickup per month for recycling, will be added where refuse bins are located more than 50 feet from the curb. The distance fee does not apply where the truck can drive to the bin for service. (e) A difficulty surcharge of 20% of he otherwise applicable base rate will be added where access to refuse bins is difficult, where moving the bin is dangerous due to narrow gateway, narrow passage or extreme slope, or where there is unusually high exposure to liability. Section 5. (a) For roll-off containers, the rates and charges shall be as follows: Monthly rental rates and service rates shall be as follows: Capacity Monthly in Cubic Maint. Service Collection Charge Based on Number of Collections Per Week Yards Rate* 1X 2X 3X 4X 5X 6X 7X 6 $70 $860 $1,810 $2,712 $3,790 $4,950 $6,199 $7, $114 $1,722 $3,614 $5,424 $7,579 $9,904 $12,402 $14, $130 $2,009 $4,219 $6,329 $8,842 $11,552 $14,466 $16, $137 $2,154 $4,525 $6,787 $9,481 $12,391 $15,516 $18, $144 $2,296 $4,824 $7,236 $10,103 $13,205 $16,535 $19, $161 $2,550 $6,029 $9,043 $12,629 $16,505 $20,666 $24, $163 $2,820 $7,534 $11,303 $15,788 $20,629 $25,835 $30, $166 $3,104 $9,043 $13,562 $18,944 $24,757 $31,002 $36,164 (b) For extra handling (spinning) of customer roll-off containers, where reloading of container onto truck is required, a surcharge of $42.85 per month times the number of service pick-ups per week will be added to the regular rate. (c) Short term (four-day rental) service rates will be as follows: Capacity in Cubic Yards Term Service Rate 6 (dirt) $ $ $ $ $ $625 For containers left over four days, there shall be an additional charge of $17.50 per day, for no more than two additional days. For containers left over six days, the service will be considered a new service and a new full short term rate shall be charged in addition to the original and extra day charges. (d) The rates for containers filled with compostable materials exclusively shall be 80 percent of the amount shown in paragraph (a). 4

11 (e) For Containers that are left at curb, the charge for the required flasher unit will be $ Section 6. For compaction-filled containers, the regular service collection and pick up rates and charges in sections 4 and 5 shall be tripled. Section 7. The City Council may authorize agreements with the Berkeley Unified School District, the University of California, or any other governmental agency or special district for collection and disposal of refuse, recycling, and organic materials upon such terms and conditions as may be mutually agreed upon. Section 8. For weekly collection of food waste and other compostable material from commercial refuse customers, the fee will be 80% of the fee for comparable refuse service. The Recycling Operations Supervisor may approve or deny commercial collection of food waste, plant debris, and other compostable materials. Section 9. Fees for special collection services shall be as follows: (a) For additional cans or carts of refuse removed during regularly scheduled service, the additional charge shall be $5.10 for each additional can or cart with a capacity of up to 45 gallons, and $10.25 for each additional 64- or 96- gallon cart. Pre-paid bags will be collected at no additional charge. Pre-paid bags can be purchased for $4.75 at locations established by the Director of Public Works. For reasons of worker safety and ready identification of items to be disposed, only bags procured from the City or carts provided by the City will be picked up (b) For collection of commercial refuse at times other than during regularly scheduled service, or from locations not scheduled for service (special call), the charge shall be $23.65 for the first can or cart and $5.10 for each additional can or cart with a capacity of up to 45 gallons and $10.25 for each additional 64- or 96-gallon cart. For collection of commercial recycling at times other than during regularly scheduled service, or from locations not scheduled for service (special call), the charge shall be $10.80 per call. For special collection of pre-paid bags, the charge shall be $20.50 for the first bag and no charge for additional bags. Pre-paid bags can be purchased for $5.10 at locations established by the Director of Public Works. For reasons of worker safety and efficiency, only bags procured from the City or carts provided by the City will be picked up. (c) For handling customer keys to access containers, a key fee of $33.00 per month will be charged. This additional charge shall be multiplied by the number of service pickups per week. There is no charge for use of the standard key recommended by the Solid Waste Management Division. (d) For additional residential plant debris collection services, customers may use pre-paid bags or tags, or additional carts provided by the City. Extra materials will be removed only during regularly scheduled service. Pre-paid bags and tags can be purchased at locations established by the Director of Public Works. For reasons of worker safety and ready identification of items 5

12 to be disposed, only bags, tags, and carts procured from the City will be picked up. For optional extra services offered in the City s Plant Debris Collection Program: Extra plant debris collection bag $2.05 each Tag for one extra plant debris bundle $1.20 each Additional plant debris cart $13.25 per month Section 10. Annual Bulky Pickup: A fee of $32.50 per cubic yard shall be charged for collection of refuse in excess of three cubic yards set out in front of the property on the scheduled Annual Bulky Pickup Day. Refuse in excess of three yards left at the edge of the right-of-way on the scheduled Bulky Pickup Day constitutes authorization for the City to provide services to remove the refuse, at the above per-yard rate. Section 11. In accordance with Berkeley Municipal Code section , the replacement fee for a solid waste cart that was maliciously or willfully destroyed, or for which reasonable care was not used in securing or maintaining the cart, shall be $ Section 12. For the disposal of garbage or rubbish at the Berkeley Transfer Station, the rates and charges shall continue as follows: (a) (b) (c) $23.00 minimum for 330 pounds or less. $96.00 per ton, or $23.00 per cubic yard if the scale is inoperable, to the nearest half yard. Special Handling Rates per item: format Refrigerated appliances $38.00 Mattresses & box springs $10.00 Automobile tires $6.00 Truck tires $12.00 E-Waste (each item over 2) $7.00 Special handling rates will be charged for each item, in addition to any fees for disposal of garbage, rubbish, or compostable organic materials. In no case will a customer be charged less than the minimum fee. Section 13. For the disposal of clean loads of compostable organic material at the Berkeley Transfer Station, the rates shall be as follows: (a) (b) (c) $18.00 minimum for 330 pounds or less. $54.00 per ton, or $18.00 per cubic yard if the scale is inoperable, to the nearest half yard. For municipal vehicles from adjoining cities within Alameda County, or for vehicles of companies under franchise contracts with those jurisdictions to collect separated organic materials from the public, $35.00 per ton, or $10.00 per cubic yard if the scale is inoperable, to the nearest half yard. 6

13 For purposes of this section compostable organic material includes plant debris, prunings, unpainted untreated wood, pallets, waxed cardboard, unpainted sheet rock, food scraps, and some papers. Organic material does not include plywood, painted wood, tree stumps, plastic bags, trash or other material unsuitable for composting. Section 14. The City of Berkeley reserves the right to refuse any person or persons the privilege of using the Berkeley Transfer Station for the purpose of disposing of garbage, rubbish, or compostable material. BE IT FURTHER RESOLVED, that sections 1-20 of Resolution No. 63,355 N.S. and all resolutions amendatory thereof are hereby rescinded. BE IT FURTHER RESOLVED, that this Resolution shall become effective immediately upon its adoption on July 12,

14 EXHIBIT A FIRE SURCHARGE AREA The Fire Surcharge Area is all of that area within the City of Berkeley that is east of the line beginning at a point on the northern boundary line of the City of Berkeley 100 feet west of the western line of Arlington Avenue, and running thence southerly parallel to the western line of Arlington Avenue to the northern line of The Circle; thence southerly across the Circle to the intersection of the southern line thereof with the center line of Fountain Walk; thence southerly along the center line of Fountain Walk to the northern line of Del Norte Street to a point on the southern line thereof, distant 100 feet at right angles easterly from the northern extension of the eastern line of Sutter Street; thence southerly parallel to the eastern line of Sutter Street to the northern line of Eunice Street; thence southerly across Eunice Street to a point on the southern line thereof, distant 100 feet east of the eastern line of Henry Street; thence southerly parallel to the eastern line of Henry Street to a point 100 feet north of the northern line of Rose Street; thence easterly parallel to the northern line of Rose Street to a point 100 feet east of the eastern line of Spruce Street, thence southerly parallel to the eastern line of Spruce Street to a point 100 feet north of the northern line of Cedar Street; thence easterly parallel to the northern line of Cedar Street to a point 100 feet east of the northern extension of the eastern line of Scenic Avenue, as located south of Cedar Street; thence southerly parallel to said extension of Scenic Avenue and parallel to Scenic Avenue to a point 100 feet north of the northern line of Hilgard Avenue; thence easterly parallel to the northern line of Hilgard Avenue to a point 100 feet west of the western line of Euclid Avenue; thence southerly parallel to the western line of Euclid Avenue to the northern line of Hearst Avenue; thence southerly in a straight line to a point on the southern line of the grounds of the University of California, distant 100 feet east of the eastern line of College Avenue; thence southerly parallel to the eastern line of College Avenue to a point 100 feet north of the northern line of Bancroft Way; thence easterly parallel to the northern line of Bancroft Way to a point 100 feet west of the western line of Piedmont Avenue; thence southerly parallel to the western line of Piedmont Avenue to the center line of Dwight Way; thence easterly along the center line of Dwight Way and along its eastern extension to the eastern boundary line of the City of Berkeley; thence southerly along the eastern boundary of the City of Berkeley to the southern line of Russell Street; thence southerly along the western line of Domingo Avenue to a point 100 feet west of the western line of El Camino Real; thence southerly parallel to the western line of El Camino Real to the center line of The Uplands; thence westerly along the center line of the Uplands to a point 100 feet east of the eastern line of Claremont Avenue; thence southerly parallel to the eastern line of Claremont Avenue to the southern line of the City of Berkeley. 8

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