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HomeMy WebLinkAboutBOARD MINUTES 04-07-88 43 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON APRIL 7,1988 The District Board of the Central Contra Costa Sanitary District convened in a regular meeting at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 7:30 p.m. on April 7, 1988. President Rainey called the meeting to order and requested that the Secretary call roll. I. ROLL CALL PRESENT: Members: Boneysteele, Clausen, Carlson, Rainey ABSENT: Members: Dalton Member Dalton entered the meeting at the hour of 7:40 p.m. II. PUBLIC COMMENTS Mr. Ken Little, attorney representing Pleasant Hill Bay Shore Disposal Service and Orinda-Moraga Disposal Service, addressed the Board rel ative to Item VIII., Sol id Waste, review of the Return on Equity Method for determining refuse collectors' allowable profit. Mr. Little raised issues concerning consistency in the examples, use of realistic percentages, allowance of interest expense, and the origin and justification for the 95 percent operating ratio method. Mr. Little stated that if the Return on Equity method is used, the debt load should be considered. Mr. Little urged the Board not to adopt the Return on Equity method at this time. Mr. Winton Jones addressed the Board regarding Item 13 on the Consent Calendar, a request for authorization to execute Amendment No.1 to the existing agreement with Peter and Kirsten Bedford. Mr. Jones requested that this matter be removed from the Consent Calendar and that consideration be postponed to allow a public hearing on the matter. Mr. Jones stated that the Initial Study of Environmental Significance document is full of erroneous statements. Mr. Jones stated that the documentation does not address noise, traffic impacts, degradation of the quality of the environment, and related issues. Member Dalton entered the meeting at the hour of 7:40 p.m. Mrs. Natal ie Jones addressed the Board, stating that the Bedford parcel is too small to accommodate the proposed number of people and activities. The plan is not a good one or a safe one. The area is not suitable for the entertainment purposes being planned. Warehouse use would be more compatible. Mr. James L. Hazard, Counsel for the District, drew the Board's attention to the position paper and the paragraph concerning CEOA. Contra Costa County is the lead agency. Central Contra Costa Sanitary District is a responsible agency in providing sewer service to the site. The County's Negative Declaration is in the packet as well as the Initial Study. Section 7.17F of the CEOA Guidelines states that the Board must consider environmental effects of the project as shown in the Negative Declaration. President Rainey disqualified herself stating that a member of her firm is involved with the Concord Blue Devils, the proposed occupants of the Bedford property. President Rainey turned the meeting over to President Pro Tem Boneysteele, excused herself, and did not participate in this matt~r. President Pro Tem Boneysteele proceeded with the discussion of the matter at hand. In, response to a question from Member Carlson, Mr. Jones stated that an appeal is pending with Contra Costa County. A hearing has been scheduled before the Board of Supervisors on April 12,1988. .' 0"41: "~07;:88 44 Member Clausen stated that this District is not the zoning authority for the property.and questioned whether the District's concern is the use of the property or providing sewer service to the property. Following further discussion, it was moved by Member Carlson and seconded by Member Dalton, that Item 13, Authorize the General Manager-Chief Engineer to execute Amendment No.1 to the, existing agreement with Peter and Kirsten Bedford, be removed from the Consent Calendar and held until the next regular Board meeting to allow public comments from the parties involved and to allow inclusion of any written comments received in the Board agenda packet. There being no objection, the motion was approved with President Rainey abstaining. President Pro Tem Boneysteele returned the meeting to President Rainey who continued with'the order of the agenda. III. APPROVAL OF MINUTES 1. MINUTES OF MARCH 17,1988 It was moved by Member Boneysteele and seconded by Member Dalton, that the minutes of March 17, 1988, be approved with the following amendments: On page 4, Item XIII. REPORTS d., a period was placed after the word "water" in the fourth sentence and the word "th~t" was removed. On page 5, Item VII. APPROVAL OF EXPENDITURES, expenditure list was corrected to read "March 17, 1988." the date of To clarify language on page 9, Item XIII. REPORTS a., a sentence was deleted and in its place the following was inserted: "The role of Alameda and Contra Costa Counties in the issue of which sewage agency would provide services to the Gumpert/Shapell property was discussed. Service could be provided by either Central Contra Costa Sanitary District or Dublin San Ramon Services District. It was determined that it was the Districts' and LAFCOs' responsibility to resolve this issue and that at this time there was no role that the Boards of Supervisors needed to play." There being no objection, the above motion was unanimously approved. IV. CONSENT CALENDAR It was moved by Member Carlson and seconded by Member Clausen, that the Consent Calendar, consisting of Items 1 through 15 excluding Item 13, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Resolution No. 88-037 accepting an easement at no cost to the District from N. E. BLOMBERG, et ux, Walnut Creek area (Job 4437 - Parcel 3) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Carlson, Clausen, Boneysteele, Dalton, Rainey NOES: ABSENT: Members: None Members: None 2. Resolution No. 88-038 accepting an easement at no cost to the District from MARELLAS. BOWERS, Walnut Creek area (Job 4437 - Parcel 4) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: NOES: Members: Carlson, Clausen, Boneysteele, Dalton, Rainey Members: None ABSENT: Members: None >0,4 '.:07 ,88 3. 45 Resolution No. 88-039 accepting an easement at no cost to the District from L. E. PETERSON, et ux, Lafayette area (Job 4057 - Parcel 2) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Carlson, Clausen, Boneysteele, Dalton, Rainey NOES: Members: None ABSENT: Members: None Resolution No. 88-040 accepting an easement at no cost to the District from SKY RANCH INVESTORS, Pleasant Hill area (Job 4399 - Parcels 1 and 2) was adopted and recording authorized. 4. Motion unanimously approved on the following vote: AYES: NOES: ABSENT: Members: Members: Members: Carlson, Clausen, Boneysteele, Dalton, Rainey None None Resolution No. 88-041 accepting an easement at no cost to the District from SKY RANCH INVESTORS, Pleasant Hill area (Job 4399 - Parcel 10) was adopted and recording authorized. 5. Motion unanimously approved on the following vote: AYES: NOES: ABSENT: Members: Members: Members: Carlson, Clausen, Boneysteele, Dalton, Rainey None None Resolution No. 88-042 accepting an easement at no cost to the District from SKY RANCH INVESTORS, Pleasant Hill area (Job 4399 - Parcel 13) was adopted and recording authorized. 6. Motion unanimously approved on the folJowing vote: AYES: NOES: ABSENT: Member~ : Members: Members: Carlson, Clausen, Boneysteele, Dalton, Rainey None None Resolution No. 88-043 accepting an easement at no cost to the District from SKY RANCH INVESTORS, Pleasant Hill area (Job 4399 - Parcel 14) was adopted and recording authorized. 7. Motion unanimously approved on the following vote: AYES: NOES: ABSENT: ~'embers : Members: Members: Carlson, Clausen, Boneysteele, Dalton, Rainey None None Resolution No. 88--044 accepting an easement at no cost to the District from ROBERTA M. MORRIS, Danv1l1e area (Job 4355 - Parcel 2) was adopted and recording authorized. 8. Motion unanimously approved on the following vote: AYES: NOES: ABSENT: Members: Members: Members: Carlson, Clausen, Boneysteele, Dalton, Rainey None None .:04 ..'07 \S.f 46 10. 11. 12. 13. 14. 9. Grant of Easement from Southern Pacific Transportation Company for sewer crossing Southern Pacific Rail road property in the Danville area (Job 4417 - Parcel 7) was approved, execution and recording authorized, and Resolution No. 88-045 adopted. Motion unanimously approved on the following vote: AYES: NOES: Members: Carlson, Clausen, Boneysteele, Dalton, Rainey Members: None ABSENT: Members: None Consent to Dedication to Contra Costa County, La Casa Via widening, Minor Subdivision 6-84, Job No. 4144, was approved, execution by the President of the District Board of Directors and the Secretary of the District was authorized, and its recording by Contra Costa County was authorized. Motion unanimously approved on the following vote: AYES: Carlson, Clausen, Boneysteele, Dalton, Rainey Members: NOES: Members: None ABSENT: Members: None Quitclaim Deed to Branagh, Inc., Job No. 4284, was approved, the President of the District Board of Directors and the Secretary of the District were authorized to execute and record said Quitclaim. Motion unanimously approved on the following vote: AYES: NOES: Members: Carlson, Clausen, Boneysteele, Dalton, Rainey Members: None ABSENT: Members: None Authorization was g,iven for P .A. 88-9 (Wal nut Creek) to be included in a future formal annexation to the District. Motion unanimously approved on the following vote: AYES: Members: Carlson, Clausen, Boneysteele, Dalton, Rainey NOES: Members: None ABSENT: Members: None Request for authorization for the General Manager-Chief Engineer to execute Amendment No.1 to the existing agreement with Peter and Kirsten Bedford was taken out of order earlier in the agenda. A public hearing date of May 5, 1988 was set to consider the annexation of the parcels designated D. A. 98 as amended by the Local Agency Formation Commission. AYES: Motion unanimously approved on the following vote: NOES: ABSENT: 15. Members: Carlson, Clausen, Boneysteele, Dalton, Rainey Members: None Members: None The attendance of Bhupinder S. Dhaliwal in Sparks, Nevada, at the ASTM symposium on Aquatic Toxicology and Hazard Assessment was approved. :04 "','0.7 ~88 47 Motion unanimously approved on the following vote: AYES: Members: Carlson, Clausen~ Boneysteele, Dalton, Rainey NOES: Members: None ABSENT: Members: None CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Roger J. Dolan, General Manager-Chief Engineer, requested that Item XIII., Closed Session, be taken out of order. XIII . CLOSED SESSION 1. LABOR RELATIONS The closed session was held pursuant to Government Code Section 54957, to' meet with designated representatives prior to and during consultations and discussions with representatives of employee organizations regarding the salaries, salary schedules or compensation paid in the form of fringe benefits in order to review its position and instruct its designated representatives. At 8:05 p.m., President Rainey declared the closed session to discuss labor relations. At 8:55 p.m., President Rainey concluded the closed session and reconvened the meeting into open session. . XIV. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None At this time, President Rainey reverted to the order of the agenda. V. ENGINEERING 1. AUTHORIZE EXECUTION OF AN AGREEMENT WITH 'JOHN CAROLLO ENGINEERS. FOR DESIGN OF THE MARTINEZ EARLY START SEWER IMPROVEMENTS, DP 4229 Mr. Dolan, General Manager-Chief Engineer, stated that during the first phase of the Martinez Facilities Plan, work relating to the more critical sewer capacity and structural problems has been identified. It is recommended that the Board authorize an agreement with Carollo Engineers for design work on these projects. It was moved by Member Carlson and seconded by Member Dalton, that the General Manager-Chief Engineer be authorized to execute the agreement with John Carollo Engineers for the Martinez Early Start Sewer Improvements Project. There being no objection, the motion was unanimously approved. VI. APPROVAL OF EXPENDITURES 1. EXPENDITURE LIST DATED APRIL 7,1988 Member Boneysteele, member of the Budget and Finance Committee, stated that in the absence of Member Dalt,on, he and Member Clausen reviewed the expenditures and found them to be satisfactory. , It was moved by Member Boneysteele and seconded by Member Clausen, that the Expenditure List dated April 7, 1988, including Self-Insurance Check Nos. 100250-100259, Running Expense Check Nos. 38276-38650, Sewer Construction Check Nos. 5517-5587, and Payroll Check Nos. 12744-13009, be approved as presented. There being no objection, the motion was unanimously approved. VII. PERSONNEL 1. ADOPT A NEW CLASS DESCRIPTION FOR INSPECTION COORDINATOR RANGE G-67 ($2792/MO.-$3380/MO.); RECLASSIFY ONE POSITION OF ENGINEERING ASSISTANT IN THE COLLECTION SYSTEM INSPECTION SECTION TO INSPECTION COORDINATOR: ADOPT A REVISED CLASS DESCRIPTION FOR ENGINEERING ASSISTANT RANGE G-69 ($2931/MO.-$3543/MO.) "..' 'iI'¡'" ,..,~ ,,". O~:: : 07~:'~ 8 48 Member Clausen, member of the Personnel Committee, stated that he and President Rainey reviewed this request and would recommend approval. It was moved by Member Clausen and seconded by Member Carlson, that a new class description be adopted for Inspection Coordinator, Range G-67 ($2792/Mo. to $3380/Mo.); that one pos ition of Engi neering Ass istant in the Collection System Inspection Section be reclassified to Inspection Coordinator; and that a revised class description be adopted for Engineering Assistant, Range G-69 ($2931/Mo. to $3543/Mo.). Following discussion of the requirement for an A.S. degree for the Inspection Coordinator position, the above motion was unanimously approved. . 2. AUTHORIZATION TO HIRE SEASONAL EMPLOYEES Member Clausen, member of the Personnel Committee, stated that the request for authorization to hire seasonal employees was reviewed by the Personnel Committee. The Personnel Committee found that this is a good program to provide vacation relief and coverage during employees' absences. It was moved by Member Clausen and seconded by Member Carlson, that the hiring of 38 persons for seasonal employment be authorized. There being no objection, the motion was unanimously approved. 3. RECEIVE AND CONSIDER PERSONNEL BUDGET REQUESTS FOR FISCAL YEAR 1988-89 Member Cl ausen stated that the Personnel Committee reviewed the Personnel Budget requests for Fiscal Year 1988-89 and will be submitting a report to the Board for consideration at the April 21, 1988 Board meeting. The Personnel Budget requests are submitted now for the Board's perusal and examination. President Rainey requested that Board Members rel ay any questions or comments to the Personnel Committee or to the General Manager-Chief Engineer. VIII. SOLID WASTE FURTHER REVIEW OF THE RETURN ON EQUITY METHOD FOR DETERMINING REFUSE COLLECTORS' ALLOWABLE PROFIT 1. Mr. Dolan, General Manager-Chief Engineer, stated that this item was introduced to the Board at the last meeting. As the Board is aware, Mr. Little has commented on this item. The Board has been using the Operating Ratio method to calculate refuse collection rates. If a change were made, the Board would still receive both the Operating Ratio calculations and the Return on Equity calculations. The difference would be that the Board would use the Return on Equity' method to set rates and the Operating Ratio method as a check. . The need for selecting a primary rate-setting method was raised. The impact on the workload and the confusion to the publ ic that would result from having no primary rate-setting method were discussed. Because of the time and extensive analysis involved, President Rainey raised the possibility of setting rates for a two or three-year period. Mr. Dolan stated that staff would be in favor of a multi-year rate and the collectors have also suggested the possibility. However, the, future cost of sol id waste collection and disposal is very uncertain at, this time. Therefore, this may not be the best time for multi-year rates. Mr. James L. Hazard, Cou~sel for the District, stated that the franchise agreements currently require annual review. A change may require modification to the franchise agreements. Mr. Dolan stated that the issue of rate-setting methodology is before the Board now because Valley Disposal Service raised the issue at the time of the transfer of their ownership. They raised the issue that they would be excessively penalized for efficiencies realized in changes in operations. If there is no sol id Board direction for change in the rate-setting method, staff would recommend that the Board simply follow' the procedure used in the past. There was a consensus of the Board of Directors to continue with the procedures used in the past for determining refuse collectors' allowable profit. \,;~ 0 ~i \ 0,7 ,:'} 8 8 49 In addition to the information normally provided in the rate-setting process, the Board requested that staff provide industry figures for Return on Equity, comparable Waste Management rates in the Bay Area with operations similar to those in areas franchised by the District, sample ordinances and franchises from other Waste Management franchisers, and 92 percent and 93 percent Operating Ratio calculations. President Rainey thanked staff for their efforts in this regard, stating that one of the reasons the Board investigated the possibility of shifting rate-setting methodologies was at the request of the collectors. . The Board is interested in trying to generate cost savings and profit for the collectors and lower rates for the ratepayers. IX. CORRESPONDENCE 1. RESOLUTION 14-88 ADOPTED BY THE ORINDA CITY COUNCIL SUPPORTING PUBLIC OWNERSHIP OF ANY LANDFILL SITE IN CONTRA COSTA COUNTY . LETTER FROM MR. JAMES A. PEZZAGLIA CONCERNING PRICE WATERHOUSE REVIEW OF ACME FILL CORPORATION CLOSURE AND POST-CLOSURE PROJECTIONS 2. The Board acknowledged receipt of the letter and Resolution 14-88 adopted by the Orinda City Council supporting publ ic ownership of any landfill site in Contra Costa County and the letter from Mr. James A. Pezzaglia concerning Price Waterhouse review of Acme Fill Corporation closure and post-closure projections. X. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None XI. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER . a. Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Robert A. Baker, Deputy Chief Engineer, who presented an update on Proposition 65 impacts on the District with regard to reporting and signing requirements. Following discussion of signing requirements for District construction projects, Mr. Dolan stated that staff would check this area further and report back to the Board. b. Mr. Dolan presented a Water Reclamation update. The nitrification process is in operation. Recently we experienced a relatively minor breakthrough of ammonia in our effluent; a reminder that we are at or near capacity. Filter Plant work is proceeding in the areas of instrumentation, valve replacement, and piping system improvements in filters. When this work is completed in early May, test procedures will begin to meet Title 22 requirements and obtain Health Department approval. Mr. Dolan stated that there is an interface between the Water Recl amation Project and the Outfall Project. There outfall delivers water to the Reclamation Project. There will be a period of time in May or June when the outfall will be dry. Temporary piping will convey effluent to the Filter Plant while the outfall is undergoing work. A letter has been received from the Regional Water Qual ity Control Board (RWQCB) stating that any violations that occur at the industries that are traceable to the Water Reclamation Project will receive special consideration. The industries are asking for more specific language in areas such as heavy metals. The industries are asking the RWOCB not to consider violations resulting from substances present in cool ing water blowdown. The Health Department has sent a letter aimed at satisfying concerns expressed by some of the workers at the industries. The State Health Department letter states that Title 22 water may be sprayed on food crops. No health problems are expected from cooling water use. Mr. Dolan reported that early June is still the target for completing the filter test and beginning operation of the Water Reclamation Demonstration Project. ()'1t 07~ ß,8 50 c. Mr. Dolan reported that the District is currently advertising for the Outfall Project, Phase II. 2. COUNSEL FOR THE DISTRICT Mr. Hazard, Counsel for the District, briefly summarized his review of case law and Robert's Rules of Order dealing with the question of what constitutes a quorum. Following discussion, it was the consensus of the Board that no formal rule or policy be adopted at this time with regard to what constitutes a quorum. 3. SECRETARY OF THE DISTRICT None 4. BOARD MEMBERS a. Member Dalton reported on the April 6,1988 County Solid Waste Commission meeting. At the request of the County, the Sol id Waste Commission voted to return the Garaventa and Kirker Pass landfill sites . ... . to the Board of Supervisors. The Commission also considered adding one or more sites to the Solid Waste Management Plan on a tentative basis. No action was taken, however. Member Boneysteele reviewed the agenda for the April 20, 1988 Regional Recycling Advisory Committee meeting. Member Clausen reported that the Sol id Waste JPA Pol icy Committee will meet on April 8, 1988. A report will be presented to the Board following that meeting. XII. ANNOUNCEMENTS President Rainey announced that the Iron Horse Trail dedication ceremony was del ightful and complimented Harriette Stahl, Jack ie Zayac, and Paul Morsen for their efforts. XIII. CLOSED SESSION 1. LABOR RELATIONS This item was taken out of order earlier in the agenda. 2. EXISTING LITIGATION The closed session was held to discuss existing litigation pursuant to Government Code Section 54956.9(a). The title of the 1 itigation discussed was Contra Costa Water District versus Central Contra Costa Sanitary District (Water Service District), No. 238047. 3. SIGNIFICANT EXPOSURE TO LITIGATION Pursuant to Government Code Section 54956.9(b), a point has been reached where in the opinion of the Board of Directors of the Central Contra Costa Sanitary District on the advice of its Counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the District. At 9:56 p.m., President Rainey declared the closed session to discuss litigation pursuant to Government Code Sections 54956.9(a) and (b)' At 10:25 p.m., President Rainey concluded the closed session and reconvened the meeting into open session. . XIV. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None 04 o~ .. 88 xv. ADJOURNMENT There being no further business to come before the Board, President Rainey adjourned the meeting at the hour of 10:25 p.m. COUNTERSIGNED: , " ,:" :" 7"'" '.. ' 04 07 , " " 51 88