HomeMy WebLinkAboutBOARD MINUTES 08-27-87
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MINUTES OF THE ADJ OJRNED REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE CENTRAL CONTRA
COSTA SANITARY DISTRICT HELD ON AUGUST 27,1987
The District Board of the Central Contra Costa Sanitary District
convened in an adjourned regular meeting at its regular place of meeting,
SO19 Imhoff Place, Martinez, County of Contra Costa, State of California,
at 1:12 p.m. on August 27,1987.
President Clausen called the meeting to order and requested that the
Secretary call roll.,
1.
ROLL CALL
PRESENT:
ABSENT:
Members:
Boneysteele, Dalton, McNulty, Carlson, Clausen
Members:
None
II.
PUBLIC COMMENTS
Presi dent Cl ausen suggested th at pub 1 i c comments be rese rved until
the Sol id Waste agenda items since there are only two items on the
agenda. The Board concurred.
III.
SOLID WASTE
1.
CONSIDER THE APPLICATIONS FOR REFUSE COLLECTION RATE ,INCREASES ,BY
VALLEY DISPOSAL SERVICE, INC., ORINDA-MORAGA DISPOSAL SERVICE, INC.,
AND PLEASANT HILL BAY SHORE DISPOSAL, AND ESTABLISH NEW COLLECTION.
RATES EFFECTIVE AUGUST 1, 1987
president Clausen called upon Member Carlson to make a statement of
position.
Member Carlson stated for the record that he has no business
connections with the franchised collectors whose refuse collection rate
increase appl ications are currently before the Board for consideration.
However, Member Carlson stated that he does have a business relationship
with Mr. Syl Garaventa, as a developer on his behalf, and for that reason
Member Carlson disqualified himself from participation in the discussion
or consideration of the pass through of the July 1, 1987 Acme Fill
Corporation tipping fee increase. With regard to the operations and
maintenance (O&M) rate increase applications, exclusive of the pass
through of the tipping fee increase, Member Carlson stated that one of
the issues brought forth in the August 2S, 1987 letters from Mr. Sanford
Skaggs, representing Valley Disposal Service, Inc. and Orinda-Moraga
Disposal Service, Inc., concerned the 9S percent operating ratio. Mr.
Skaggs indicated there was a hardship caused by the reduction in the 9S
percent operating ratio because of the August 1, 1987 effective date for
the new rates. Member Carlson requested that the Board consider
adj ustment of the rates to cover the cost of the one month loss of
revenue because of the del ay in setti ng the rates. Member Ca rl son
suggested that to accomplish this adjustment, a special or extra billing
be sent and that the new refuse collection rates be set on the basis of
the staff recommendation.
At this time, Member Carlson excused himself from the meeting.
VII.
CLOSED SESSION
1.
SIGNIFICANT EXPOSURE TO LITIGATION
Pursuant to Government Code Section S49S6.9(b), a point has been
reached where in the opinion of the Board of Directors of the Central
Contra Costa Sanitary Di strict on the adv ice of its Counsel, based on
existing facts and circumstances, there is a significant exposure to
litigation against the District..
2.
INITIATION OF LITIGATION
Pursuant to Government Code Section S49S6.9(c), on the advice of
Counsel based on existing facts and circumstances, the Board of Directors
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of the Central Contra Costa Sanitary District has decided to initiat~, or
is deciding whether to initiate, litigation.
At 1:18 p.m., President Clausen declared the closed session to
discuss 1 itigation pursuant' to Government Code Sections S49s6.9(b) and
(c). At 2:07 p.m., President Clausen concluded the closed session and
reconvened the meeting into open session returning to Item III, Solid
Waste.
III.
SOLID WASTE
1.
CONSIDER THE APPLICATION FOR REFUSE COLLECTION RATE..INCREASES. BY
VALLEY DISPOSAl SERVICE, INC., ORINDA-MORAGA DISPOSAl SERVICE, INC.,
AND PLEASANT HILL BAY SHORE DISPOSAL
Mr. Roger J. Dolan, General Manager-Chief Engineer, introduced Mr.
Wal ter N. Funasaki, Fi nance Officer, who stated that, as requested by the
Board of Directors at the August 20, 1987, staff has computed the effect
of impl ementi ng a rate increase excl usive of the ti ppi ng fee increase
effective August 1,1987 rather than July 1,1987. Attachment III to the
position paper shows that computation for Val ley Disposal and Pleasant
Hil 1 Bay Shore Disposal. There is no effect for Orinda-Moraga since no
i ncrease was requi red. The revenue impact for one month for Vall ey
Disposal is calculated to be $68,000; and $2,000 for Pleasant Hill Bay
Shore Disposal. Mr. Funasaki stated that in considering the effect of
the August 1, 1987 implementation on the operating ratio of Valley
Disposal, the Board should be advised that the forecasted revenue base is
not incremented for growth in volume. In the Price Waterhouse report to
this Board in 1983, it was recommended that a factor for growth (new
customers) be i ncl uded in the forecasted revenue base. The refuse
collectors argued against that procedure, indicating that elimination of
a growth factor provided for 'those instances when actual expenses
'exceeded projected expenses. Mr. Funasaki stated that in Valley Disposal
particul arly, it is evident that growth in vol ume will occur, and it is
1 i kel y to offset the loss of revenue of $68,000 for that one month
peri ode
Member McNulty questioned Mr. Funasaki concerning the basis for the
9S percent operating ratio used by the District in the rate-setting
process and its application to the particular franchisees this year.
Member Boneysteele provided historical perspective on the
rate-setting methods used by the District during the last twenty-three
years and the research and thought that resulted in the current process.
Members McNulty and Clausen asked additional questions of Mr.
Funasaki coveri ng the follow ing subject matters: di sall owance of the
write-off of the Central Landfill investment; Valley Disposal Service,
Inc.'s operating loss for the year ended June 30,1987; voting members of
Acme Fill Corporation; benefits from Acme Fill to the franchisees based
on the pass through of the Acme Fill tipping fee of $3.69; and difference
in costs for compacted and non-compacted refuse at Acme Fill.
President Clausen ordered that the three letters from Mr. Sanford M.
Skaggs dated August 2S, 1987, the letter from Mr. James L. Hazard dated
August 26, 1987, and' the revised Proposed Legislative Findings dated
August 27,1987, be made part of the administrative record.
Member McNulty requested that an explanation of the portion of the
'tipping fee increase which is being allowed by Price Waterhouse be
included in the Legislative Findings.
Prest dent Cl ausen
Legislative Findings.
At this time, ,President Clausen stated that it is appropriate that
the representatives for the refuse col 1 ectors be allowed to comment on
the additional information received. At 2:36 p.m., President Clausen
reopened the publ ic hearing to consider the appllcations for refuse
collection rate increases by Valley Disposal Service, Inc., Orinda-Moraga
Disposal Service, Inc., and Pleasant Hill Bay Shore Disposal.
requested
definitions
be
included
in
the
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27
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143
Mr. Sanford M. Skaggs, attorney for Valley Disposal Service, Inc.
and Orinda-Moraga Disposal Service, Inc., requested that the Board act on
the rate increase applications today, adjusting the rates'to reflect that
revenues w ill be earned over an el even month peri od rather than a full
year; and that the full extent of the Acme Fill tipping fee increase be
passed through. Mr. Skaggs discussed as well the use of a 95 percent
operating ratio, projected growth in the San Ramon Valley, apportionment
of Acme Fill revenues among its shareholders, and specific objections to
the Proposed Legislative Findings.
Mr. Ken D. Little, attorney for Pleasant Hill Bay Shore Disposal,
requested that the Board act on the rate increase appl ication and pass
through of the tipping fee increase today or as soon as possible.
There being no further comments, President Clausen closed the public
heari ng at the hour of 3,:08 p.m. and returned the matter to the Board for
consi deration.
Following del iberation, it was moved by Member Dalton and seconded
by Member McNulty,' that a 12.96 percent rate increase be establ ished for
Valley Disposal Service, Inc., effective August 1,1987, exclusive,of the
pass through of the Acme Fill tipping fee increase; that no rate increase
be established for Orinda-Moraga Disposal Service, Inc., effective August
1, 1987, exclusive of the pass through of the Acme Fill tipping fee
increase; and that an 8.73 percent rate increase be established for
Pleasant Hill Bay Shore Disposal, effective August I. 1987, exclusive of
the pass through of the Acme Fill tipping fee increase. Motion approved
on the following roll call vote:
AYES: Members: Dalton, McNulty, Boneysteele, Clausen
NOES: Members: None
.ABSENT: Members: Ca rl son
Following deliberation, it was moved by Member McNulty and seconded
by President Clausen, that pass through of a $3.69 tipping fee effective
July 1,1987 by Acme Fill Corporation be approved effective Augúst 1,
1987, to be applied over an eleven month period. When added to the rate
increases established in the preceding motion, this would result in a
total rate increase of 19.48 percent for Valley Disposal Service, Inc.,
(Resolution No. 87-142), S.S7 percent for Orinda-Moraga Disposal Service,
Inc., (Resol uti on No. 87-143), and IS .34 percent for Pl easant Hil 1 Bay
Shore Disposal, (Resolution No. 87-144). Motion approved on the
following roll call vote:
AYES: Members: McNulty, Cl ausen, Boneysteele, Dalton
NOES: Members: None
ABSENT: Members: Ca rl son
President Clausen instructed staff to obtain a copy of the closure
plan submitted by Acme Fill Corporation to the Regional Board and to have
it reviewed by staff and Price Waterhouse.
It was moved by Member McNulty and seconded by Member Dalton, that a
subsequent review by Price Waterhouse of the Acme Fill Corporation
closure plan and revenue and expense projections be completed for use in
the next refuse col 1 ecti on rate-setti ng process; that the County Sol i d
Waste Commission be requested to incorporate in the Solid Waste
Management Plan the guidel ines for assuring that funds obtained for
cl osure and post-cl osure mai ntenance of the Acme 1 andf ill and other
future landfills are properly set aside and accounted for; that the
amount of closure and post-closure costs be separately identified on the
collection ratepayer's billing statement described as "landfill closure
costs," and be subject to review during subsequent refuse collection
rate-setti ng processes to determine its conti nued appl icabil ity; that
District staff be directed to accept collection rate increase
applications for the August 1,1987 through June 30,1988 period from the
District's franchised refuse collectors, if extraordinary financial
conditions warrant an interim rate review; and that the County Sol id
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144
Waste Commission be requested to consider including in the Solid Waste
Management Plan a determination of whether rates are reasonable for Acme
Fill or for any other landfill that may be authorized. Motion approved
on the following roll call vote:
AYES: Members: McNul ty, Dal ton, Boney steel e, Cl ausen
NOES: Members: None
ABSENT: Members: Ca rl son
President Clausen directed Counsel for the District to prepare final
Findings of Fact and to submit them to the Board for final adoption at
the October 1, 1987 Board meeting. A copy of the administrative record
will be made available for inspection at that time.
2.
TRANSFER STATION AND VEHICLES
, Mr. Dolan, General Manager-Chief Engineer, stated that at the
request of the Board Committee deal ing with the refuse col 1 ecti on rate
increase, staff has prepared a draft letter concerning transfer station
and vehicle costs. Staff would be happy to receive the Board's comments
on the draft letter.
Following discussion, it was moved by Member Dalton and seconded by
Member McNulty, that the draft letter to the District's franchised refuse
collectors concerning transfer station and vehicle costs be approved as
amended to include the Board's action on the refuse collection rate
increase applications. There being no objection, the motion was approved
with Member Carlson being absent.
IV.
EMERGENCY SITUATIONS REQUIRING BOARD ACTION
None
V.
REPORTS
1.
GENERAL MANAGER-CHIEF ENGINEER
None
2.
COUNSEL FOR THE DISTRICT
None
3.
SECRETARY OF THE DISTRICT
None
4.
BOARD MEMBERS
None
VI.
ANNOJ NCEMENTS
None
VII.
CLOSED SESSION
This item was taken out of order earlier in 'the agenda.
VIII'.
ACTIONS RESULTING IN DISCUSSIONS IN ClOSED SESSION
None
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IX.
ADJ OlJRNMENT
There being no further business to come before the Board, President
Clausen adjourned the meeting at the hour of 3:38 p.m.
Pr ide of the Board of Directors
ntr Contra Costa Sanitary District,
ty of Contra Costa, State of Cal iforni a
COUNTERSIGNED:
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r tary of the Central Contra
sta Sanitary District, County
of Contra Costa, State of California
08
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