Pacifica Riptide

Recology Gets 5 Percent Rate Hike for Pacifica Garbage Collection

BY JANE NORTHROP, PACIFICA TRIBUNE STAFF WRITER

City Council unanimously approved a 4.99 percent rate increase for Recology during its meeting Monday evening. If a majority of the rate payers officially protested the increase, it would not have happened. However, the city received only 185 protests, not nearly enough to make up a majority. A majority would have required 5,841 protests. The increased rate will be in effect from Jan. 1 to the end of 2012. For those who use the smallest 20-gallon can, the rate will increase from $21.88 per month to $22.95 a month. Pete Pereira complained to City Council Recology has eliminated the senior rate he enjoyed under Coastside Scavenger's operation. "My rate has doubled since Recology took over," he said. Ken Miles also objected to the higher rate and said Pacificans pay the highest rate in the county. "We are being taxed to death," he said. The city's consultant, Rick Simonsen of HF&H, said some other communities are experiencing rate increases, but not all. "There are lots of variables when determining fees," he said. Chamber of Commerce CEO Courtney Conlin supported the business and the rate increase. City Councilmember Jim Vreeland said he hated approving a rate increase, but he and the other council members determined it was necessary to do so to fulfill the terms of the franchise agreement with Recology.

BY LIONEL EMDE, PACIFICA RIPTIDE CORRESPONDENT

Pacifica City Council heard the latest request for another price increase in Pacifica’s sky-high garbage collection rates at a public meeting on October 10 and approved it unanimously at its November 28, 2011 meeting (see Jane Northrop's Pacifica Tribune front-page news story above). The current request for a 5 percent increase in January 2012 follows an 8 percent increase in July 2011 and a 5 percent increase in August 2010. At the time Recology was awarded the no-bid contract in February 2010, Pacificans already were paying the highest garbage collection rates in San Mateo County. Residents were able to submit written protest letters in accordance with the settlement reached in Emde v. City of Pacifica. Letters were counted and tabulated as part of the public hearing on November 28 at City Council chambers. Recology also services Montara, Moss Beach, and El Granada. Those communities pay half as much for garbage collection as Pacifica. Those communities are served by the same company running the same trucks out of the same location that serves Pacifica. The question of why rates are so much lower there for similar service never has been answered.

Garbage Rate Protest Postmortem, Part 2

BY LIONEL EMDE, RIPTIDE CORRESPONDENT

Pacifica City Council unanimously approved Recology's 8 percent garbage rate hike on May 23, despite numerous protest forms downloaded from Riptide and advertised on the sign along Highway 1 (above). This was the first time that locals had a legal process of written protest against a garbage rate hike. A complete lack of long-term oversight and a backroom process in signing the new contract with Recology have resulted in Pacifica’s paying the highest rates for garbage collection in San Mateo County. (Source: San Bruno City Council agenda report rate survey, 5-10-11)

Other cities have this strange habit of caring about their citizens, negotiating contracts that better hold in check the costs of things like solid waste collection, but in the wackydoodle world of Pacifica, anything goes! Compare the proposed new Recology rates for Pacifica, San Bruno, and Millbrae:

      Per month          Pacifica                 San Bruno                  Millbrae

20-gallon cart          $21.86                    $18.44                        $16.87

32-gallon cart          $34.24                    $23.78                        $27.00

“Citizens are sitting ducks for every trick and scam governments can think up. We are going bankrupt – food and gas are difficult to pay for and you add more fees (and) taxes? No.” (San Bruno resident William Walker, quoted in the San Mateo County Times, 5-10-11)

Mr. Walker really should come through the looking glass into Pacifica to see how much commercial accounts pay here versus San Bruno:

Commercial Can/Cart Solid Waste Pickup        Pacifica             San Bruno

32-gallon cart                                                       $39.01                $30.23

64-gallon cart                                                       $78.02                $60.46

96-gallon cart                                                       $117.03              $90.69

And check out proposed debris box price differences between the same two cities; local contractors would do well to look elsewhere:

                            Pacifica (14 yard container)      San Bruno (16 yard container)

Two days                $495.56                                       $419.98

Five days                 $619.73                                      $419.98

                             Pacifica (20 yard container)      San Bruno (20 yard container)

Two days                  $638.44                                      $461.19

Five days                  $784.72                                      $461.19

Of course, we’re told that the lack of commercial activity in Pacifica is why residential rates are so high. Who then are our rate-oppressed business people subsidizing?

Garbage Rate Protest Postmortem, Part 1

 

BY LIONEL EMDE, RIPTIDE CORRESPONDENT

The latest outrage in bleeding the impoverished Pacifica public is an 8 percent increase in garbage rates. But this time, the public had a legal process for protesting, which ended May 23 at City Council, using the form below:

Download A Protest of Pacifica’s proposed Garbage Rate Increase

This downloadable PDF had a garbage rate protest letter to fill out, add your own comments, and send in. The garbage rate letter was for anyone whose name appears on a Recology bill and is thus entitled to a protest. Renter or property owner, it doesn't matter as long as your name, or business name, appears on the bill.

The latest rate increase takes us back to the bad old days of unaudited rate increases. That's not my opinion, it's stated by HF&H, the city's longtime consultant in waste collection matters: “Additionally, HF&H’s scope of services does not include auditing of information provided by Recology such as customer account data, tonnage data, or revenues  and expenses reported from Recology’s general ledger. Therefore, we have relied on the data provided by Recology in our analysis.”

The public is promised yearly rate increases as far as the eye can see. In an article for the Pacifica Tribune, Recology General Manager Chris Porter attempted to justify the sky-high rates paid in Pacifica: "One of the biggest contributing factors to lower residential rates is ... having a large commercial base to help cover costs." Sounds reasonable, doesn't it? Until you know that residents in Montara and El Granada pay less than half of what Pacificans do:

CLICK HERE FOR MY STORY ON GARBAGE RATES SOUTH OF THE SLIDE

I'll be darned, really? Funny thing is, Montara and El Granada have even LESS commercial activity than Pacifica, and are serviced by the same company with the same trucks run out of the same place on Palmetto Avenue. I'll bet it's because they have governing bodies that actually give a hoot about ratepayers and negotiate on their behalf. Pacificans get the shaft-o-rama.
 
If anyone thinks we can afford this type of gouging, keep in mind a few facts dug up by Pacifica Resource Center: "One in 10 Pacificans earn less than $25,000 per year. One in four (!) Pacificans are eligible for -- but often do not receive -- public and private benefits. The majority of people served by the Resource Center are single mothers and their children." Add to these stunning facts the seniors on fixed incomes who lost their senior rate on garbage collection when Recology took over, and you have a more complete picture.
 
Pacifica was knocked out of first place in highest residential garbage collection rates in San Mateo County only very recently by new Recology contracts in Atherton and Hillsborough. Nice to know we're in that league, eh? But our commercial rates remain among the highest in the county. So the next time you hear our elected officials talking about how they support local business, ask them why they got a no-bid contract from Recology when other carriers might have given us a better deal.

Handy Guide to Recycling and Composting

 

CLICK THE LINK BELOW TO DOWNLOAD THIS RECOLOGY FLYER:

Download Image2011-05-11-161849

Pacifica Garbage Rates to Rise 8 Percent

BY LIONEL EMDE, RIPTIDE CORRESPONDENT

Much-beleaguered Pacifica residents face another rate increase. Recology proposes a 9.2 percent increase in solid waste collection rates, which will be reduced to 8 percent due to the franchise agreement signed in 2010. The new monthly increases include: 20-gallon can increase from $20.24 to $21.86; 32-gallon can increase: $31.70 to $34.74.

Pacifica has been knocked out of its standing as having the highest residential garbage collection rates in the county by Atherton’s prospective new contract with Recology. Athertonians rebelled against draconian rate increases of 63 percent to 98 percent, and the town council reduced rate increases to 39 percent. So people living in one of the richest communities in San Mateo County will pay $24.04 per month for a 20-gallon can, and a 32-gallon can will cost $38.46 per month. They also will have better, more frequent recycling and garbage services compared to Pacifica.

But Pacifica’s high commercial garbage collection rates remain not only intact but are headed higher: “Commercial container rental” goes up 8 percent to $58.55 for one cubic yard, and “Commercial container pickup for Solid Waste” rises to $53.67 for one cubic yard.

In the Pacifica city staff report, a reduction in fees to the public was noted: “Pursuant to a settlement agreement entered into between the city, Lionel Emde, and Recology, Franchise fees shall be an annual (capped) amount of $805,000 and the Contingency Fee of $10,000 shall be eliminated. Therefore, HF&H (the consultant) recommends a decrease of $9,289 and $10,000 to the amount included by Recology for franchise fee and the contingency fee, respectively.”

For the first time, Pacifica ratepayers will have the right of protest and a legally accountable hearing to tabulate protests. Here is the proposed language for the notice:

”You are invited to present oral or written testimony to the City Council at the public hearing.  You may also present the City Clerk with a written protest against the proposed charges at or prior to the public hearing. The protest must be signed by the customer liable for payment of the fee  and must include the service address(es) of the property(ies). Before the hearing, protests may be delivered to the City Clerk’s office. The mailing address is City Clerk,170 Santa Maria Avenue, Pacifica, CA 94044. If written protests against the proposed charges are presented by a majority of customers liable for the payment of the fee, then Recology will not impose the proposed charges.”

The data relied upon by the consultant in arriving at the higher rates for Pacifica were supplied by Recology without an audit: “Additionally, HF&H’s scope of services does not include auditing of information provided by Recology such as customer account data, tonnage data, or revenues  and expenses reported from Recology’s general ledger. Therefore, we have relied on the data provided by Recology in our analysis.”

Lack of access to the books was also in evidence when HF&H was unable to access Coastside Scavenger/Seacoast Disposal’s books, which prevented a full accounting of the interrelated companies' failure in 2010.

Court Ruling: Emde Lawsuit vs. City Can Go Ahead

KRAUSE, KALFAYAN, BENINK & SLAVENS, LLP, Announces Court Ruling Allowing Lawsuit Against the City of Pacifica Alleging Proposition 218 Violations to Move Forward
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SAN DIEGO, November 22, 2010—At a hearing on November 19, 2010, the Honorable Gerald J. Buchwald of the Superior Court for the County of San Mateo refused to dismiss a lawsuit against the City of Pacifica and Recology of the Coast, a contractor hired by Pacifica to collect refuse for Pacifica’s residents. In the suit, Pacifica resident Lionel Emde claims that Pacifica and Recology are violating Proposition 218, the "Right to Vote on Taxes Act." Proposition 218 requires affected property owners to receive a notice of a hearing and a right to protest rate increases. It also prohibits local governments from collecting fees beyond that which is necessary to operate the service. Emde alleges that the defendants are violating both aspects. For example, Pacifica generates four different types of fees from the contract with Recology which Emde alleges is deposited into Pacifica’s general fund rather than for the operation of the refuse services. And residents have no right to protest rate increases. Pacifica and Recology argued that because it contracts with a private entity to perform the refuse collection services, Proposition 218’s mandates do not apply. There is scant legal authority regarding Proposition 218’s application in the context of public-private contracts for property-related services and thus, Judge Buchwald’s ruling represents a significant victory for rate-payers in Pacifica. No trial date has been set.

About Krause Kalfayan Benink & Slavens, LLP.: KKBS is a boutique law firm in San Diego, California representing consumers, rate-payers, shareholders, and businesses in individual and class action litigation. If you wish to discuss this action or have any questions concerning the lawsuit or rights or interests with respect to these matters, please contact attorneys for plaintiff, Eric J. Benink at Krause, Kalfayan, Benink & Slavens, LLP, 625 Broadway, Suite 635, San Diego, CA 92101, telephone 619-232-0331, website kkbs-law.com.

UPDATE: Guide to Reuse, Recycle, Compost, Trash

For the benefit of Bruce Hotchkiss and other Riptide readers who are still confused or unclear about what to put where and when, here is our handy guide to getting rid of all your stuff in the right containers on the right days. This is general information only. For specifics, visit RECOLOGY OF THE COAST or call 650-355-9000.

BLUE RECYCLING TOTER (biweekly pickup): plastic containers #1-7, glass bottles and jars, cans (aluminum, tin, steel), aluminum (foil, pie plates, takeout containers), newspapers, magazines, phone books, most kinds of paper, unwaxed cardboard. Everything must be empty, rinsed, and clean. Place used batteries in a sealed, clear plastic bag and leave on top of blue recycling toter. (Recycle clean, dry plastic bags at Safeway, Oceana, and other markets. Recycle styrofoam pellets and blocks at the Recology yard on Palmetto; the UPS store—now in Rockaway—no longer accepts styrofoam pellets, probably because it sells them by the bag.)

GREEN COMPOSTING TOTER (weekly pickup): garden greenwaste; ALL food (including tea bags, coffee filters, coffee grounds); milk and juice cartons (remove any plastic spouts); soiled paper and cardboard (used paper towels, napkins, and plates; takeout food wrappers and containers, such as pizza boxes), unpainted and untreated wood.

TRASH CAN (weekly pickup): bagged kitty litter and pet waste, unrecyclable plastic, broken glass, light bulbs, cellophane, rags, cloths, hair and fur, anything else that can't be reused, recycled, or composted. New wheeled trash toters coming in July!

Visit RECOLOGY OF THE COAST or call 650-355-9000 for information on getting or exchanging different types and sizes of toters, how to safely dispose of various toxic substances (home, garden, and automotive), and specific instructions on correct recycling and composting.

Recology of the Coast Turns Garbage Into Gold

While acknowledging letter writers' trash can complaints in the Pacifica Tribune, overall I am pleased with Recology of the Coast, particularly its expanded recycling and composting service, which reduces my trash can size and rate significantly, and makes me feel warm and fuzzy about being able to divert all those chicken bones, coffee grounds, and milk cartons away from landfill. Recology turns garbage into gold: All that yucky stuff breaks down and ends up in farmers' fields growing new crops. The food chain is complete.

JOHN MAYBURY

EDITOR & PUBLISHER

Proposition 218 Lawsuit Amended to Include Recology of the Coast

Download First Amended Complaint

Ex-Coastside Scavenger Worker Sues Recology

EX-EMPLOYEE SUES PACIFICA GARBAGE COMPANY