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HomeMy WebLinkAboutBOARD MINUTES 12-19-85 52 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON DECEMBER 19,1985 The District Board of the Central Contra Costa Sanitary District convened in regular meeting at its regular place of meeting, 5019 Imhoff Pl ace, Marti nez, County of Contra Costa, State of Cal i forni a, at 7 :30 p.m. on December 19,1985. President Boneysteele called the meeting to order and requested that the Secretary administer the Oath of Office to John B. Clausen and Susan H. McNulty, who were elected to the Board of Directors at the election hel d on November 5, 1985. At the conc 1 us i on of the ce remony , Pres i dent Boney stee 1 e welcomed Members Clausen and McNulty to the Board of Directors and requested that the Secretary call roll. I. ROLL CALL PRESENT: ABSENT: Members: Carlson, Dalton, McNulty, Clausen, Boneysteele Members: None II. PUBLIC COMMENTS None III. APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF NOVEMBER 19, 1985 It was moved by Member Clausen and seconded by Member Dalton, that the minutes of November 19, 1985, be approved as presented. There being no objection, the motion was unanimously approved. IV. EXPENDITURES 1. EXPENDITURE LIST DATED DECEMBER 19,1985 Member Dalton, member of the Budget and Finance Committee, stated he and Members Cl ausen and Boneysteele have reviewed the expenditures and found them to be satisfactory. It was moved by Member Clausen and seconded by Member Dalton, that the Expenditure List dated December 19, 1985, including Running Expense Warrant Nos. 23161-23469 and Sewer Construction Warrant Nos. 3346-3374, be approved as presented. There being no objection, the motion was unanimously approved. V. HEARINGS 1. CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION At.£NDING EXHIBIT A, DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES OF THE CCCSD CONFLICT OF INTEREST CODE President Boneysteele indicated that the purpose of the hearing is to rece i ve comments rega rd i ng the adopt i on of a reso 1 ut i on amend i ng Exhibit A, designated positions and disclosure categories of the District Conflict of Interest Code. Ms. Joyce McMillan, Secretary of the District, stated that since the Conflict of Interest Code was adopted in 1976, the District has undergone organizational changes resulting from District growth and centralization of functions. In addition, a classification study has been completed and implemented. It is recommended that the Board review the designated positions and consider amendment to reflect the results of the classification study and the current management organizational structure of the Di strict. 1.2/.. 19" 8:5 \. f' \ l' ': ,,; ~,; 53 President Boneysteele declared the public hearing open at the hour of 7:40 p.m. There being no appearances either in favor of or in opposition to the proposed amendment, President Boneysteele declared the public hearing closed. It was moved by Member Clausen and seconded by Member Dalton, that Resolution No.85-1S0 amending Exhibit A, Designated Positions and Di scl osure Categories, of the Central Contra Costa Sanitary Di strict Conflict of Interest Code be adopted. Motion unanimously approved on the following roll call vote: 2. AYES: Membe rs: Carl son, Dalton, McNulty, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None CONDUCT A PUBLIC HEARING TO RECEIVE PUBLIC COMMENT RENEGOTIATED REFUSE COLLECTION FRANCHISE AGREEMENT DRAFT ON THE President Boneysteele indicated the purpose of the public hearing is to receive public comment from residents, cities and towns, refuse collectors, and the general public on the draft of the refuse collection franchise agreement which is being renegotiated with the District's franchised refuse collectors. President Boneysteele stated that the draft franchise agreement is being presented for public comment to provide a specific framework for discussion and review, and it is acknowledged that it is subject to modification and change as a result of the publ ic hearing process and all options are available to the Board regarding refuse collection in the District. President Boneysteele declared the public hearing open at the hour of 7:50 p.m. and acknowledged receipt of the following written correspondence: 1) A letter from the Contra Costa County Community Development Department contai ning thoughtful comments concerni ng various sections of the draft franchise agreement; 2) A letter from Mayor Richard G. Heggie, of the City of Orinda, stating that the rates in Orinda are unacceptably high and that the district should investigate measures to control and reduce the rates, and requesti ng two months to consi der the draft franchise agreement prior to an extension; 3) A letter from Mr. James H. Robinson, City Manager of the City of San Ramon (a representati ve from San Ramon is present to make a presentation); 4) A letter and petition circulated by Ms. Helen Bolling, of Orinda, stating that the rates are too high and requesting that the Board consider competitive bidding. The original petition contained 133 signatures and an additional 103 signatures were submitted prior to the start of the meetinQ; A 1 etter from Mr. and Mrs. Harvey Di xon, of Ori nda, opposi ng the high rates in Orinda and supporting competitive bidding; 5) 6) A letter from Mr. and Mrs. Peter T. Muller, of Orinda, opposing high rates in Orinda and supporting competitive bidding; 7) A letter from Mr. James R. DeKorne, of Orinda, commending Orinda-Moraga Disposal for superior, prompt, and efficient service and opposing competitive bidding; 8) A letter from Mr. George Sveum, Secretary-Treasurer of Teamsters Local 315, providing detail concerning the costs of garbage services in Orinda in comparison to similar services in Oakland; i;'!~ 1P9 S'5 -- - -- ---------,~ " ,-------,---- ----- 54 9) A letter from Mr. Michael M. Davis, City Manager of the City of Danville, expressing general satisfaction with the current level and qual ity of service, requesting that the franchise renewal period be limited to 10 years or less; and 10) A letter from Ms. Margaret DePriester, Vice Mayor of the Town of Moraga, expressi ng agreement with a ten-year term of the franchise, requesting that the contractor distribute rate information cards at least every 24 months or at the time of a rate change, and supporting the increase of the termination period to 30 days. At thi 5 time Presi dent Boneysteel e requested comments from city officials present in the audience. Mayor Richard Heggie, of the city of Orinda, addressed the Board stating that the level of service has been acceptable. The concern of the Orinda City Council is related to the cost of the service. The Orinda City Council requests action be delayed for two months to allow time for review of the draft franchise agreement by the Orinda City Attorney. Mr. John Meakin, Vice Mayor of the city of San Ramon, thanked the Di strict stati ng that services provi ded for both sewer and garbage have been very good. However, the city of San Ramon is currently served by two garbage collectors. The City Council feels it would be in the city's best interest to assume all responsibility for franchising refuse collection. To that end, the City Council adopted a resolution in October. The City Council has been in contact with both Mr. Hazard and Mr. Morsen and they have been very cooperative. Alternative language has been submitted for Secti ons 28 and 29. The San Ramon City Council supports the draft agreement as amended by those alternatives. Mr. James L. Hazard, Counsel for the District, stated that the alternative language is acceptable to District Counsel. Heari ng no further comments from city offici al 5, President Boneysteele indicated he would entertain comments from residents of the District. Mr. Ken Humphreys, competitive bidding for stated that there should Mr. Humphreys stated his the refuse collector. of Ori nda, addressed the Board in support of refuse col lection. In addition, Mr. Humphreys be a separation between Acme and the collectors. opposition to the advance billing system used by Mr. Cl arence Betz, Secretary-Treasurer of the Orinda Chamber of Commerce and 40-year resi dent of Ori nda, stated he had never received complaints about the service of the collectors. Mr. Betz stated that the rates for the service received are not too high. Ms. Susan Herrera, Executi ve Di rector of the Lafayette Chamber of Commerce, stated that the busi ness members of the Lafayette Chamber of Commerce are very happy with the garbage service and would encourage the District to complete the agreement with Valley Disposal Service. Ms. Barbara Fuller, 36-year resident of Orinda, stated that she had no complaint with Orinda-Moraga Disposal but she does question the rates. Ms. Fuller registered her concern over the fact that Lafayette, Orinda, and Moraga have been singled out for high rates. Mr. Bill Sullivan, 3301 Loreto Drive, San Ramon, stated that the issue is not the quality of the service but whether more can be obtained for a lower cost. Mr. Sullivan asked that the refuse collection franchise be put out for bid. Mr. James Valva, of Moraga, stated that the service is excellent and the rates are fai r. Mr. Val va stated that there is no need to change companies, that the sanitary di strict shoul d conti nue to control the rates in the future, and that a long-term contract should be given to the collectors to facilitate siting a landfill. !'~; } ,,9 8,5 55 Mr. R. McBride, a 20-year resident of Orinda, stated that the service in Orinda has been excellent in spite of the problems with terrain. Mr. McBride expressed support for continuing the franchise in its present form with the present collector. Ms. Gigi Holloran, a 12-year resident of Orinda, stated that she has heard no complaints about the service or the rates for refuse collection. Ms. Hollaran stated that residents of Orinda worked hard to incorporate because they wanted local control. This local company has been very responsible providing quality service in a hilly area where the houses are far apart and the trucks must travel a long distance for disposal. Ms. Helen Bolling, of Orinda, addressed the Board in support of the competitive bidding process and in opposition to the high refuse collections rates in the Orinda area in comparison to rates in other areas. Ms. Bolling submitted petitions containing 236 signatures as noted earlier by President Boneysteele. Ms. Bolling requested that the Board not approve the renegotiated franchise since the current franchise does not expire until November 1986. Instead Ms. Bolling suggested that the present franchise be strengthened in areas where it is weak. Mr. Steve Arnold, of Orinda, stated that he is very pleased with the service provided by Orinda-Moraga Disposal. Mr. Arnold indicated he is pleased with the addition of the clipping service and would like to see this service continued. Mr. Arnold stated that in his opinion the savings from open bidding would be small and the quality of service would be unknown. Mr. Joe Andrada, a 30-year resident of Orinda, stated that the service provided by Orinda-Moraga Disposal is excellent and he strongly recommended that the Board consider keeping the service as it is. Ms. Midge Zischke, a 30-year resident of Orinda, advised that she is very satisfied with the garbage service in Orinda. Ms. Zischke stated that it is of great benefit to a community to have local businessmen who support community affairs. Ms. Kathleen Nimr, Solid Waste Chair of the Diablo Valley League of Women Voters and the Contra Costa Community Recycling Center, stated that the Central Contra Costa Sanitary District Board has a long standing position of support for solid waste reduction, fair rate setting, public involvement, and leadership in the area of regulation of garbage collection and disposal. Ms. Nimr requested that the new franchise agreement include incentives for waste stream reduction by residents and businesses and provisions for salvaging, composting, and recycling in the total collection and disposal system. Ms. Nimr proposed changes in the language of the franchise agreement to facilitate waste stream reduction and recycling activities. Ms. Nimr requested that the franchise require implementation of a curbside recycling program within a reasonable period of time. Ms. Nimr stated that the garbage bil 1 s shoul d be utilized to provide information on reduction and disposal of hazardous wastes, recycling, salvaging and composting opportunities, and timely notices of changes in service and requests for rate adjustments. Ms. Nimr stated that the current rate setti ng process i s cumbersome. Ms. Nimr stated that a more satisfactory method would be competitive bidding by qualified bi dders but barri ng that, a descri pti on of the rate setti ng process should be included in the franchise. Rates should be based on operating expenses for di sposal. All companies should be treated equally and audited financial statements of all operations should be required of all companies. Heari ng no more comments from resi dents of the Di strict, Presi dent Boneysteele indicated he would entertain comments from the general public. Mr. Bert McChesney, of the San Francisco firm of Solem and Associ ates, stated that hi s fi rm has been employed to conduct a survey concerning a landfil 1 in this county. The survey has an accuracy of approximately 94 percent. In response to the survey, 60 percent indicated the rates for coll ecti on of garbage were fai r, 14 percent indicated the rates were not fair, and 26 percent had no opinion. In response to a question asking for a rating of the value received for the ~.:. (12. ':~ 1 9< 85 56 money, 97 percent stated that they received fai r, good or very good service, 3 percent stated they did not know. No responses were received that indicated that the service was bad. Mr. Steve Jimenez, Co-Chair of WHEW (We Have Enough Waste), voiced concern that the Board is creating a regulated monopoly by extension of the franchise. Residents have indicated the service is satisfactory but they have never had anything else. There could be something better. We should investigate what is done elsewhere. Perhaps the collectors should change equipment to make it compatible with recycl ing. This proposed franchise locks Sid Corrie out of a landfill site. Mr. Michael Tucevich, Co-Chair of WHEW, stated that he is opposed to a landfill site in East County. The Board should control the waste stream. Mr. Tucevich suggested that the possibil ity of combining waste streams with Alameda County and San Francisco be investigated to solve our common problem by finding a more creative approach. After hearing all comments from the general public, President Boneysteele declared a recess at the hour of 9:55 p.m., reconvening at the hour of 10:05 p.m., with all parties present as designated heretofore. At thi 5 time Presi dent Boneysteel e asked for comments from the refuse collectors. Mr. Sanford Skaggs, attorney for the refuse collectors, stated that it is not his intention to refute what the previous speakers have said. The issue tonight is not waste to energy or rates. It is the franchise agreement. Everyone here tonight attests that these collectors have provided good service. The prior contract included a ten-year option which the District has refused to extend. The collectors were operating under the assumption that if they did a good job their contract would be renewed. The decision as to what the level of service should be was defined by this Board. That is what dictates the rate. The service level, terrain, density, and customer mix (no commercial> in Orinda is very bad. That is why they have higher rates. The reward for good service should be to allow the collectors to stay in business. The collectors want to record their objections to Sections 24,31,32, and 35 of the franchise agreement. These conditions are onerous and should not be included. However, the collectors feel these will never come into play because they will never breach the contract. Mr. Skaggs stated that from the collectors position, the major issues before the Board are the term of the franchise and the control of the waste stream. Ten years pl us a ten-year opti on or 5 years pl us a IS-year option should be the minimum term of the franchise. Mr. Skaggs stated that 25 years would be an appropriate term based on the investment required for finding a landfill site. Mr. Skaggs requested that overl y specific 1 anguage be removed from the franchise agreement. Specifically, that insurance requi rements be set from time to time after a public hearing and not set in the franchise. The collectors are concerned about the cost, administrative problems, and technical issues. With regard to industrial waste, the collectors think this should be included in the franchise and the collectors think it has been in the past. Mr. Skaggs urged the Board to indicate that the draft franchise agreement is acceptable with the following changes: 1) increase in the tenm; 2) less specific cards; 1 anguage regarding insurance and information 3) include industrial waste under the Board's franchise regulation; and 4) return collection practices to what they were before the last meeting. ;12:< 19, 85 57 Mr. Skaggs stated that the Board should defer to the request of the city of Orinda for additional time. Mr. Skaggs stated he would work with District staff and representatives of the cities of Orinda and Danvil le to address their concerns and try to reach an agreement. At 10:55 p.m. after hearing all who wished to speak concerning the renegotiated draft refuse collection franchise agreement, President Boneysteele declared the public hearing closed. Following discussion, it was the Board consensus that staff prepare a written summary of public comments. It was moved by Member Clausen and seconded by Member Dalton, that in order to honor the request of the city of Orinda, the refuse collection franchise be calendared for Board decision at the end of February or the first of March. The above motion was withdrawn following the recommendation of Members Carlson and McNulty that Board action be taken while public testimony is still fresh. It was moved by Member Clausen and seconded by Member Dalton, that the refuse collection franchise agreement be calendared for consideration on February 6, 1986. There being no objection, the motion was unanimously approved. Mr. Hazard requested and received di recti on that the Board wanted staff to proceed with the franchise rather than bidding. Mr. Hazard requested and received Board concurrence that in order to accommodate the special circumstances set forth in the resolution adopted by the city of San Ramon, that area will be excluded from the franchise and the annexation procedure previously discussed will be O.K. Mr. Dolan solicited a consensus of the Board with regard to specific alternatives for inclusion in the draft refuse collection franchise. Several Board Members indicated that language setting a term longer than ten years should be prepared for Board consideration. Following discussion, it was the consensus of the Board that two options relative to industrial waste disposal should be presented for Board consideration. The Board indicated that the franchise should be drafted to provide that rate cards and insurance limits shoul d be set from time to time by Board resolution. The language providing for a non-opinion audit from Pleasant Hill-Bayshore should be included in the draft franchise for consi deration. Mr. Hazard stated that right to appeal of staff deci si ons to the Board will be provided in the garbage ordinance. Member Carl son requested that staff correspond with the cities of Orinda and Danville to advise them that the Board will discuss this matter on February 6, 1986, and if possible would like to consider their input at that time. It was the consensus of the Board that written comments will be accepted until January 24,1986. VI. BIDS AND AWARDS 1. AUTHORIZE CONTRACT FOR DISTRICT PROJECT NO. 20014 SEISMIC STRENGTHENING, AUTHORIZE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE A CONTRACT At-ENDMENT FOR SERVICES DURING CONSTRUCTION AND AUTHORIZE $847,500 FROM THE SEWER CONSTRUCTION FUND It was moved by Member Dalton and seconded by Member Carlson, that the construction contract for the Seismic Strengthening of Selected Buildings, District Project No. 20014 be authorized to S. J. Amoroso I2'~ t9~ 8'5; 58 Construction Company, Inc. per their proposal received December 10,1985, that the General Manager-Chief Engineer be authorized to execute Contract Amendment No.2 with H. J. Degenkol b Associ ates for services duri ng construction, and that $847,500 be authorized in Sewer Construction Funds for project completion. Motion approved on the following roll call vote: AYES: Members: Carlson, Dalton, McNulty, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None VII. CONSENT CALENDAR It was moved by Member Carlson and seconded by Member Dalton, that the Consent Calendar, consisting of nine items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Resol ution No. 85-151 accepti ng an easement at no cost to the District from BLACKHAWK CORPORATION, San Ramon area (Job 4122 - Parcel 3) was adopted. Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Dalton, McNulty, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 2. Resol uti on No. 85-152 accepti ng an easement at no cost to the District from MERCER ISLAND PARTNERS/G.V.L. INVESTORS, San Ramon area (Job 4086 - Parcel 1) was adopted. Motion unanimously approved on the following roll call vote: AYES: Members: Carl son, Dalton, McNulty, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 3. Resol uti on No. 85-153 accepti ng an easement at no cost to the District from MERCER ISLAND PARTNERS/G.V.L. INVESTORS, San Ramon area (Job 4086 - Parcel 2) was adopted. Motion unanimously approved on the toll ow i ng rollcall vote: AYES: Members: Carl son, Dalton, McNulty, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 4. Reso 1 ut i on No. 85-154 accept i ng an easement at no cost to the District from P.G.&E., Orinda area (Job 4119 - Parcel 2) was adopted. Motion unanimously approved on the following roll call vote: AYES: Members: Carl son, Dalton, McNulty, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 5. Resol uti on No. 85-155 accepti ng an easement at no cost to the District from ELLINCENTER PARTNERS, Pleasant Hill area (Job 4145 - Parcel 2) was adopted. Motion unanimously approved on the following roll call vote: 12"., 1,,9 85 59 AYES: Members: Carl son, Dalton, McNulty, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 6. Resolution No. 85-156 accepting an easement at no cost to the District from E. H. JOHNSON, Pleasant Hill area (Job 4126 - Parcel 1) was adopted. Motion unanimously approved on the following roll call vote: AYES: NOES: Members: Carlson, Dalton, McNulty, Clausen, Boneysteele Members: None ABSENT: Members: None 7. Resolution No. 85-157 accepting an easement at no cost to the District from CONNECTICUT GENERAL LIFE INSURANCE COMPANY, Pleasant Hill area (Job 3985 - Parcels 1 and 2) was adopted. Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Dalton, McNulty, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 8. Agreement rel ati ng to real property with BURKE PROPERTIES, Job 1618, Parcel 4, in the Pleasant Hill area (Resolution No. 85-158) was approved and recording authorized. Motion unanimously approved on the following roll call vote: AYES: NOES: Members: Carlson, Dalton, McNulty, Clausen, Boneysteele Members: None ABSENT: Members: None 9. Initi ati on of proceedi ngs to formal ly annex 10 separate areas under the title of District Annexation 92 was authorized (Resolution No. 85-159). Motion unanimously approved on the following roll call vote: AYES: Members: Carl son, Dalton, McNulty, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None VIII. BUDGET AND FINANCE 1. RECEIVE NOVEMBER 1985 FINANCIAL STATEMENTS President Boneysteele stated that in view of the lateness of the hour, detailed presentations on the financial statements would be waived. There being no objection, the November 1985 Financial Statements were received. IX. ITEMS LATE FOR THE AGENDA None 12,. ~~,'~19~ì 8 5 60 X. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan, General Manager-Chief Engineer, reported that the SA termination agreement has been signed by all parties. 2. COUNSEL FOR THE DISTRICT None 3. SECRETARY OF THE DISTRICT None 4. BOARD MEMBERS a. Member Dalton reported on the December 18 Solid Waste Commission meeting. XI. MATTERS FROM THE BOARD NOT ON THE AGENDA a. It was moved by Member Cl ausen and seconded by Member Dal ton, that Resolution No. 85-160 urging CASA to seek state legislation to raise the compensation for Board Members and to increase the number of meetings allowed per month be adopted. Motion unanimously approved on the following roll call vote: AYES: Members: Carl son, Dalton, McNulty, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None b. Member Clausen recommended that the District contact the cities inquiring if they would be interested in regulating and franchising refuse collection in this District. A JPA could be formed and administered by a Board made up of a one elected representative from each city and one member of this Board. Following discussion, it was the consensus of the Board not to proceed with this recommendation at this time. XII. CLOSED SESSION None XIII. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None XIV. ADJOURNMENT There being no further business to come before the Board, President Boneysteele adjourned the meeting at the hour of 11:43 p.m., to reconvene in an adjourned regular session at 7:30 p.m. on Thursday, January 9, 1986 . ~Q President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: r tary of the Ce tral Contra sta Sanitary District, County of Contra Costa, State of California 12,'-'19,~ .,85