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HomeMy WebLinkAboutBOARD MINUTES 07-21-88 119 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JULY 21,1988 The District Board of the Central Contra Costa Sanitary District convened in a regular meeting at its regular place of meeting, 5019 Imhoff PI ace, Martinez, County of Contra Costa, State of Cal ifornia, at 3:00 p.m. on July 21,1988. President Rainey called the meeting to order and requested that the Secretary call roil. 1. ROLLCALL PRESENT: Members: Boneysteele, Dalton, Clausen, Carlson, Rainey ABSENT: Members: None II. PUBLIC COMMENTS None III. CONSENT CALENDAR It was moved by Member Cl ausen and seconded by Member Dal ton, that the Consent Cal endar, consi sti ng of four items, be approved as recommended, resolutions adopted as appropriate, and recordings duly author iz ed. 1. Resolution No. 88-102 accepting an easement at no cost to the District from BLACKHAWK CORPORATION, Blackhawk area (Job 4999 - Parcel 4) was adopted and recording authorized. Motion approved on the following vote: AYES: Members: Cl ausen, Dalton, Boneysteele, Rainey NOES: Members: None ABSENT: Members: None ABSTAIN: Members: Carlson 2. Resol uti on No. 88-103 accepti ng an easement at no cost to the District from BLACKHAWK CORPORATION, Blackhawk area (Job 4449 - Parcel 5) was adopted and recording authorized. Motion approved on the following vote: AYES: Members: C' ausen, Dalton, Boneysteel e, Ra i ney NOES: Membe rs: None ABSENT: Members: None AB STAIN: Members: Carl son It was noted for the record that Member Carl son abstained from voti ng on Items 1 and 2 because of a potenti a1 confl ict of interest. 3. Agreement Relating to Real Property with Transition Properties Co., et al, Job 1590, Parcel 36, was approved, the Presi dent of the Board of Di rectors and the Secretary of the District were authorized to execute and record said Agreement, and Resolution No. 88-104 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Membe rs: Cl ausen, Dalton, Boneysteel e, Ca rl son, Rainey NOES: Members: None ABSENT: Members: None ;>':, 0 7 21 ..' .- ~'88 .; '. .; 120 4. The Board was adv ised of the close out of the Wet Weather Hydraul ic Capacity Improvements <DP 20042) and the return of $213,760 to the Treatment Plant Program Budget. This item was presented for the Board's information. No action was taken. CALL FOR R81UESTS TO CONSIDER ITEMS OUT OF ORDER None IV. ADMINISTRATIV E 1. PRESENTATION BY MR. RœERT SCHMIDT, OF STATE FUND, RECOGNIZING lHE DISTRICT'S IMPROVED WORKERS' COMPENSATION LOSS EXPERIENCE Mr. Roger J. Dolan, General Manager-Chief Engineer, introduced Ms. Bonnie Allen, the District's Safety and Loss Control Special ist, and Mr. Robert Schmidt, of State Fund. Mr. Schmidt acknowledged the work done at the District in recent years to control injuries and costs. Significant progress has been made. The actual cost of the Workers' Compensation premium was reduced by $65,000 and a dividend of $266,000 was received. Mr. Schmidt presented a plaque to President Rainey commending the District on 100 percent reduction in claims for the period 1984-1987. Mr. Schmidt then commended Ms. Allen and presented her with a plaque for her work with employees, managers, and the medical industry. Ms. Allen thanked the Board for thei r support of the Dist.rict's safety program. Mr. Dol an expressed appreciation to Ms. Allen and Mr. Campbell for their efforts, and mentioned that the success of the District's safety program reflected the very significant commitment to safety of all of the District's employees and their supervisors. V. ENGINEERING 1. AUTHORIZE EXECUTION OF AN AGREEMENT WITH æ2M HILL FOR THE DESIGN OF THE HALL DRIV E SEWER IMPROV EMENTS, DP 4331 Following explanation by Mr. Dolan, General Manager-Chief Engineer, and d i scussi on by the Board, it was moved by Member Boneysteel e and seconded by Member Dalton, that the General Manager-Chief Engineer be authorized to execute the agreement with CH2M Hill for the design of the Hall Drive Sewer Improvements proj ect, Di strict proj ect 4331. Moti on unanimously approved on the following vote: AYES: Members: Boney steel e, Dal ton, Cl ausen, Carl son, Rainey NOES: Members: None ABSENT: Members: None VI. APPROV AL OF EXPENDIlURES 1. ,'EXPENDIlURE LIST DATED JULY 21, 1988 Member Dal ton, member of the Budget and Fi nance Committee, stated that he and Member Boneysteele reviewed the expenditures and found them to be satisfactory. It was moved by Member Dal ton and seconded by Member Boney steel e, that the Expenditure List dated July 21, 1988, including Self-Insurance Check Nos. 100286-100288, Runni ng Expense Check Nos. 40406-40628, and Sewer Construction Check Nos. 5952-6014, be approved as' recommended. There being no objection, the motion was unanimously approved. VII. SQID WASTE 1. ADOPTION OF LEGISLATIV E FINDINGS FOR SETTING OF REFUSE COLLECTION RATES AND ADOPTION OF RESQUTIONS ESTABLISHING lHE REFUSE COLLECTION RATES FOR VALLEY WASTE MANAGEMENT, ORINDA-MORAGA DISPOSAL SERVICE, INC., AND PLEASANT HILL BAY SHORE DISPOSAL ,::~;.o;, ~7' ':'2".' "1'.' "'~'8' 8 ':'", ' ',.j; .'" ':(" " 121 Mr. Dolan, General Manager-Chief Engineer, presented the Legislative Findings for setting refuse collection rates for Valley Waste Management, Orinda-Moraga Disposal Service, Inc., and Pleasant Hill Bay Shore Disposal and proposed changes in language on pages 10 and 11 of the Legislative Findings. Mr. James L. Hazard, Counsel for the District, stated that the Legisl ative Findings before the Board are in draft form. It would be appropriate to make any changes which the Board feels represent the will of the majority of the Board in making their decision. Member Boneysteele stated that he considered Paragraph III.D. on page 6 to be incomplete in that it does not 'recognize that, should the Orinda-Moraga Disposal and Pl easant Hill Bay Shore Di sposal interests prevail in their 1 itigation with the GBF interests over ownership of Acme Fill Corporati on stock, the Orinda-Moraga Di sposal and Pl easant Hill Bay Shore Disposal interests woul d control a majority of the stock of Acme Fill Corporation. Following discussion, it was determined that the Legisl ative Findings would not be amended. However, Member Boneysteele's comments concerning majority control of Acme Fill Corporation stock would be noted in the minutes. The changes in 1 anguage on pages 10 and 11 proposed by Mr.' Dol an were discussed. It was determined that the words "as affll iated entities" would be inserted following the words "Pleasant Hill Bay Shore" in the third sentence of the first paragraph on page 10. Further, it was determined that the proposed changes in 1 anguage on page 11 woul d be incorporated into the Legislative Findings. It was moved by Member Clausen and seconded by Member Carlson, that the Legislative Findings be adopted with amendments as noted above; that said Findings be filed by the Secretary of the District with the Administrative Record of the 1988 refuse collection rate-setting process; and that Resolution No. 88-099 establishing the rèfuse collection rates for Va' ley Waste Management, Resolution No. 88-100 establishing the refuse collection rates for Pleasant Hill Bay Shore Disposal, and Resolution No. 88-101 establishing the refuse collection rates for Or i nda-Moraga D i sposa 1 Serv ice, Inc. , be adopted. Moti on approved on the following roll call vote: AYES: Members: Cl ausen, Carl son, Da 1 ton, Ra i ney NOES: Members: Boney steel e ABSENT: Members: None President Rainey indicated that she was extremely supportive of the use of alternative disposal sites to extend the closing date of Acme Fill but questioned this practice under the terms of the franchise agreement. Following discussion, staff was requested to draft a letter to the franchisees requesting immediate notification of any change in disposal sites. The failure of Pleasant Hill Bay Shore Disposal and Orinda-Moraga Disposal to provide financial information requested under the terms of the franchise agreements was discussed. Staff was requested to cal endar this matter for further consideration at the August 4, 1988 Board meeting. 2. RECEIVE REPORT ON THE SENIOR CITIZENS DISCOUNT PROGRAM FOR REDUCED COLLECTION RATES IN lHE CITY OF ORINDA, .AND ESTABLISH THE PROGRAM ON A CONTINUING BASIS Mr. Dol an, General Manager-Ch ief Engi neer, stated that a compl ete position paper including attachments from Mr. . George Navone, of Ori nda-Moraga Di sposal, was prov ided. Staff woul d recommend that the Senior Citizens Discount Program for reduced collection rates in the City of Orinda be established on a continuing basis. O~, ,...,21:,"', .,.'S8""": ~~':>" ,.,~; ¡""::,", J i ¡' 122 It was moved by Member Carl son and seconded by Member Dal ton, that the report on the Senior Citizens Di scount Program in Zone 1 after a one-year test period be received and establ ishment of the program on a continuing basis be approved. There being no objection, the motion was unanimously approved. VIII. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None IX. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan, General Manager-Chief Engineer, introduced Messrs. Kyle Tonjes and Jade Sull ivan who recently joined the District as Assistant Engineers. b. Mr. Dol an, General-Manager Ch ief Engineer, reported that after the last Board meeting, consideration of the Central San (Kiewit property) transfer station option was discussed with the JPA Feasibility Study Committee. In addition, Mr. Dol an reported _on the preliminary staff investigation of permit and time requirements for the option. At President Rainey's request a meeting was held with Acme Fill and they have indicated -an interest in making a presentation on their transfer station plans at the August 4,1988 Board meeting. Acme has also been asked to comment on their possible involvement in a transfer station on the Kiewit property. Valley Waste Management has also indicated an interest in making such a presentation. Staff has conti nued to v iew the Kiewit property option as a back-up in the event Acme is unable to secure the requi red permits. Since Orinda-Moraga and Pl easant Hill Bay Shore waste is being diverted to west and east county landfills, the only Central San franchisee taking waste to Acme Fill is Valley Waste Management. It would appear that Valley Waste Management is under the most urgent need to export at the time Acme closes. Also, they may be the most dependent si nce the other ì andf ill shave 1 ater closure dates. Mr. Doìan introduced Mr. James Kelly, Pìanning Division Manager, who provided a status report on the potential for expansion of Acme Fill and an update on the Acme transfer station permitting process. Mr. Kelly then reviewed the permits required; the time needed to secure permits and compl ete construction; the rough costs for permits, preliminary design, and construction; and the staffing requi rements for the Central San transfer station option. Mr. James L. Hazard, Counsel for the District, reported that his firm is looking at the legal issues in cooperation with the County Counsel's office. A report w ill be prov ided to the Board on the 1 egal time requirements, CEQA issues, emergency situation, and other potential regulatory problems. c. Mr. Dolan, General Manager-Chief Engineer, reported on the series of meetings concerning solid waste export that have been held since the last Board meeting. Mr. Don Blubaugh, Walnut Creek City Manager, has recommended that a simpl e MOU be drafted instead of a Central County JPA. This will be presented through the Publ ic Managers' Association. Mr. Dolan briefly discussed the scope and approach of the proposed MOU. In a separate meeting with Alameda County representatives, it was again made clear that both full-blown recycling, such as border to border curbside recycling, and a Contra Costa landfill site will be required to obtain an export agreement with Alameda County. It may be appropriate for the Board of Directors to consider formulating a policy position on recycling. ' Board discussion followed with regard to solid waste problems facing the County and possible solutions to those problems including the Central San transfer station option. Mr. Dolan indicated the process of permitting and construction of the transfer station will be presented at a future Board meeting. d. Mr. Dolan reported that Mr. Bart Brandenburg, of Central Contra Costa Sanitary District, has been representing sanitary agencies in Contra Costa County on the Hazardous Waste Council. Mr. Brandenburg presented the request of the Council for a portion of the initial funds , , 0 ~". .. 2' 1 ' c-- , .-< !:~.~ ~ -- b 8:" .... --, 123 to form a pollution investigation team to accelerate enforcement of hazardous waste laws. A discussion followed wherein Member Clausen voiced two philosophical differences with this proposal. First, several years ago an initiative was passed which required the State to provide funding to carry out mandated duties. Hazardous waste enforcement is such. a duty. Second, fines do not pay for enforcement. Enforcement should be provided as part of the law. Member Clausen expressed concern that the emphasis may change in the future and the District Attorney's office may use this money for activities other than hazardous waste enforcement. Following further discussion, the Board of Directors expressed support of the County Hazardous Waste Strike Force proposal but requested that Mr. Brandenburg convey Member Cl ausen' s comments to the Hazardous Materials Council and report back to this Board. . e. Mr. Dolan introduced Ms. Jackie Zayac, Planning Assistant, who presented a County Planning Congress update. Ms. Zayac reported that the District's mission with regard to the Planning Congress has been to monitor the process and to influence decisions that would have an affect on sanitary districts. We have been successful in that effort. The Pl anni ng Congress is now recessed for the summer. County staff is preparing the final General Pl an pol icies. The Pl anning Congress will reconvene in September and will go forward with publ ic hearings in January 1989. We will continue to monitor the process. Member Boney steel e requested that Ms. Zayac prepare a Pl anni ng Congress status report for distribution to the other sanitary agencies in Contra Costa County. Member Boney steel e complimented Ms. Zayac on her performance at the Planning Congress and the presentation to the Board of Di rectors. f. Mr. Dolan announced that an agreement has been received from the homeowners at 24 Arbutus Court that provides for their maintenance of the new 4-inch sewer after expiration of the one--year warranty period. g. Mr. Dolan announced that the executed Utilities Agreement has been received from Cal trans for the 1680/ SR24 Sewer Relocations Project. h. Mr. Dolan advised that the District is currently advertising for three projects: Vista del Diablo, Influent Gate Operators, and Pumping Station Telemetry. i. Mr. Dolan announced that Mr. Robert Baker, Deputy Chief Engi neer, has been asked to serve as V ice Chai r of the AMSA Sl udge Management Committee. If Mr. Baker accepts this assignment, it would require two extra trips to the East Coast this year which could result in as much as a $2,000 overrun of the Engineering Department travel budget. The Board indicated that Mr. Baker should accept the assignment. j. Mr. Dolan announced that he has been elected to the Board of the American Academy of Environmental Engineers. k. Mr. Dol an announced that the Water Recl amation Demonstration Project open house is scheduled for 10 a.m. on Saturday, July 23,1988. 1. Mr. Dol an announced tha't¡ an unknown 1 iquid has been located over the outfall between the Acme east parcel and. the IT V ine Hill property. A sample has been taken and is being tested. To date the tests have been inconclusive. Mr. Dolan stated that he would report back to the Board when more information is available. m. Mr. Dolan indicated that Mr. Walter Funasaki, Finance Officer, has provided the Board with the proposed changes to permissible investments and maximum maturities under the District's investment policy. This will be scheduled for Board discussion and direction at the August 4,1988 Board meeting. Member Clausen congratul ated Member Boneysteele for bringing this matter to the Board's attention. Member Boneysteele requested that the information provided be articulated with, the District's Capital Improvement Plan cash requirements for consideration at the next meeting. Mr. Funasaki indicated that he would provide the information requested. O~7" 21 88 J 124 n. Mr. Dolan announced that work is proceeding on the Orinda Crossroads pumping station. 2. COUNSEL FOR THE DISTRICT None 3. SECRETARY OF THE DISTRICT None 4. BOARD MEMB ERS a. Member Boneysteele reported that the Regional Recycling Advisory Committee met on July 20, 1988. At that meeting the Pleasant Hill Bay Shore recycl i ng. p 11 ot program and the proposed q uesti onna i re to the mobile home park service area were discussed. The questionnaire will be placed on the August 4,1988 agenda for consideration. Member Cl ausen reported that the JPA Feasibil ity Study Committee report was given in connection with the General Manager-Chief Engineer's report on sol id waste matters. The Committee is scheduled to meet again on July 25,1988. X. ANNOJ NCEMENTS Member Cl ausen announced that he received a response from the Attorney General with regard to his letter concerning Government Code Section 1090. Member Clausen referred the response to District Counsel for a report to the full Board at a future meeting. . President Rainey announced that candidates for the District Board of Directors may take out papers for the November 8,1988 election. XI. CLOSED SESSION None XII. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None XIII. ADJ OJRNMENT There being no further business to come before the Board, President Rainey adjourned the meeting at the hour of 5:47 p.m. to reconvene in an adjourned regular session at 3:00 p.m. on July 28, 1988, for a Board workshop on the District's wastewater trea"bnent process and regul atory requi rements. COU NTERSIG NED: ~¿ L;" /r1 LiZ . L-L (~'-- Seer ary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California 01 ," it "">"e.8