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HomeMy WebLinkAboutBOARD MINUTES 02-06-86 73 MINUTES OF THE DISTRICT BOARD MEETING OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON FEBRUARY 6, 1986 The Di strict Board of the Central Contra Costa Sanitary Di strict 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 February 6,1986. President Carlson called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson ABSENT: Members: None II. PUBLIC COMMENTS Ms. Helen Bolling, 52 Barbara Road, Orinda, appeared before the Board with reference to Item VIII. SOLID WASTE. Ms. Bolling asked that territorial boundaries that restrict the franchisees be lifted so they can act in competition with each other. Ms. Bolling asked that the Board of Directors meeting minutes that are currently summarized by hand be recorded by machine. Ms. Bolling requested that future comparative data sheets include rates for Oakland, Montclair, Piedmont, El Cerrito, Richmond, and Sausal ito. Ms. Boll ing voiced support for the city of Lafayette's suggestion that written notification be mailed to each customer no less than 30 days prior to the public hearing at which rate increase applications are to be considered and that written notification be provided to cities and customers when changes in the level of operation or rates are being considered. Ms. Bolling recommended that the term of the franchise be no more than ten years. Ms. Bolling recommended that industrial waste collection remain competitive. Finally, Ms. Bolling asked that Section 12, District May ReQuire Efficiencies in ODeration, be put into operation. Ms. Bolling presented a letter summarizing her comments. President Carlson thanked Ms. Bolling for her comments and acknowledged receipt of her letter dated February 6, 1986 . There being no further public comments, President Carlson proceeded to the next item on the agenda. III. APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF JANUARY 9,1986 It was moved by Member Dalton and seconded by Member Clausen, that the minutes of January 9,1986, be approved as presented. There being no objection, the motion was unanimously approved. IV. EXPENDITURES 1. EXPENDITURE LIST DATED FEBRUARY 6,1986 Member Boneysteele questioned the expenditure to the State of Cal ifornia for 1 iens against W & W Construction. Member Dalton stated that the contractor failed to pay prevailing wages. Funds were withheld from the progress payment to W & W Construction and forwarded to the State of California. Member Dalton, member of the Budget and Finance Committee, stated he and Member Cl ausen have reviewed the expenditures and found them to be satisfactory. It was moved by Member Dalton and seconded by Member Clausen, that the Expenditure List dated February 6, 1986, including Running Expense Warrant Nos. 23873-24197, Sewer Construction Warrant Nos. 3426-3465, and Payroll Warrant Nos. 5891-6281, be approved as presented. There being no objection, the motion was unanimously approved. 02 06 86 -' ",--------------'-------- -_..---- 74 V. HEARINGS 1. CONDUCT PUBLIC HEARING, CONSIDER ADOPTION OF NEGATIVE DECLARATION, AND CONSIDER APPROVAL OF THE PROJECT FOR WATERSHED NO. 35 SOUTH SEWAGE COLLECTION SYSTEM IMPROVEMENTS PROJECT President Carlson stated that the purpose of this public hearing is to receive public comment regarding the adoption of the Negative Declaration for the Watershed No. 35 South Sewage Collection Improvements Proj ect. In the necessary absence of the General Manager-Chief Engineer, the Deputy General Manager Mr. Paul Morsen introduced Mr. James Kelly, Planning Division Manager, who stated that in compliance with the California Environmental Quality Act (CEQA) requirements, District staff has solicited comments and had published the required legal notices. Mr. Kelly then provi ded a brief overview of the project. The approved, installation of the pipeline is planned to be done in three separate segments. Segment 1 of the proposed improvement project is a committed project of the Sycamore Valley Specific Plan Assessment District. Segments 2 and 3 are not, but are bei ng proposed now because of the unique, one-time opportunity for the District to incorporate project construction with construction of the approved Sycamore Valley Specific Plan Assessment District roadway improvements to Sycamore Valley Road and Camino Tassajara. This proposed project will complete the "missing 1 ink" and is directly related to the first three position papers presented for consideration under Engineering on the Board's agenda. Mr. Kelly reported that to date no public comments have been received. President Carlson declared the public hearing open at the hour of 7:47 p.m. There was no correspondence or public comments either in favor of or in opposition to adoption of the Negative Declaration. It was moved by Member Clausen and seconded by Member McNulty, that the publ ic hearing be closed. There being no objection, the motion was unanimously approved. Following discussion of the proposed development in the area, it was moved by Member Clausen and seconded by Member Dalton, that the Negative Declaration for Watershed No. 35 South (Sycamore Valley) Sewage Collection System Improvements Project be adopted (Resolution No. 86-007), that the Watershed No. 35 South Sewage Collection System Improvements Project be approved (Resol ution No. 86-008), and that the Secretary of the District be directed to post the Notice of Determination. Motion unanimously approved on the following roll call vote: AYES: NOES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson Members: None ABSENT: Members: None VI. CONSENT CALENDAR Presi dent Carl son requested that Item 4, Quitcl aim sewer easement for Job 3902, be removed from the Consent Calendar. It was moved by Member Boneysteele and seconded by Member Clausen, that the Consent Calendar, consisting of Items 1 through 7 excluding Item 4, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Resol uti on No. 86-009 accepti ng an easement at no cost to the District from SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA, INC. - San Ramon area (Job 4096 - Parcels 1 and 2) was adopted and recording authorized. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson , . ~ ::.< NOES:~ , ~!Memb~rs::ìNone , . .. 02 06 86 75 ABSENT: Members: None 2. Resol ution No. 86-010 accepti ng an easement at no cost to the District from H. Timmons, et ux - Danville area (Job 3176 ext- Parcel 1) was adopted and recording authorized. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None 3. Agreement rel ati ng to real property with RUDOLPH M. MOHAR, et ux, Job 3966 - Pacheco area was approved (Resolution No. 86-011), the President of the Board of Directors and the Secretary of the District were authorized to execute said agreement, and recording was authorized. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None 5. February 20, 1986 was established as a hearing date to consider the forfeiture of a portion of P and J Utility Company's $1,000.00 contractor cash deposit. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None 6. Authorization was given for P.A. 86-3 (Danville) and P.A. 86-4 (Orinda) to be included in a future formal annexation to the Di strict. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None 7. $1250 was authorized for David Reindl to attend a seminar and workshop on "Adjustabl e Frequency Motor Control" in Anaheim, California, on March 10 through 14,1986. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None It was moved by Member Clausen and seconded by Member Dalton, that the Quitclaim Deed to Oak Road Villas II Joint Venture, Job 3902, be approved, that the President of the Board of Directors and the Secretary of the District be authorized to execute said Quitclaim Deed (Resolution No. 86-012), and that recording be authorized. Motion approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen ,O2!' 01'6 86 ----------,--'- 76 0,2 ;, ,~. ';., NOES: Membe rs: None ABSENT: Members: None ABSTAIN: Members: Carl son CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Morsen, Deputy General Manager, requested that Item VIII. SOLID WASTE be taken out of order to accommodate interested persons in the audience. VIII. SOLID WASTE 1. RECEIVE AND DELIBERATE LETTER FROM THE CITY OF ORINDA ON THE DRAFT RENEGOTIATED REFUSE COLLECTION FRANCHISE AGREEMENT Presi dent Carl son acknowl edged recei pt of correspondence from the city of Orinda. Comments contained in the correspondence were noted for further consideration during deliberation of the draft refuse collection franchise agreement. 2. RECEIVE REVISED DRAFT OF THE RENEGOTIATED REFUSE COLLECTION FRANCHISE AGREEMENT AND STAFF REPORT THEREON, AND AUTHORIZE EXECUTION WITH PRESENT FRANCHISEES AFTER DETERMINING FINAL TERMS OF THE AGREEfvENT Mr. Morsen, Deputy General Manager, presented an overview of the franchise negotiation process and a summary of the draft renegotiated refuse collection franchise agreement highl ighting the issues remaining for Board deliberation and decision as follows: a. matters unique to Pleasant Hill Bay Shore Disposal; b. the rate card issue; c. the industrial waste issue; and d. the term of the franchise agreement. It was the consensus of the Board that matters unique to Pl easant Hill Bay Shore Disposal be deferred at this time. With regard to the issue of the rate cards, staff recommends that the requirement for distribution to the public of printed rates and services by the refuse co 11 ector as set forth in the draft franchi se agreement should remain. Following discussion by the Board of Directors, it was moved by Member Clausen and seconded by Member Dalton, that the present draft of Section 18, Miscellaneous Obligations of Contractor, regarding distribution of printed rates and services remain in the franchise agreement. Prior to the vote on the above moti on, Presi dent Carl son advi sed that he has recently changed employment positions and now, as president of his own construction company, is doing some contract work with Mr. Syl Garaventa, of Concord Disposal Service. President Carlson stated that he has been advised by Counsel for the District that he has no conflict of interest since Concord Disposal Service is franchised by the city of Concord and not franchised by the District. Mr. James L. Hazard, Counsel for the District, noted for the record that this matter was discussed with President Carlson and he was advised that under the Fair Political Practices Commission regulations he would not be prohibited from voting on this matter. At this time President Carlson called for a roll call vote on the above motion. The motion was unanimously approved as follows: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson ()¡ 6~ 86 " l 77 NOES: Members: None ABSENT: Members: None Mr. Morsen, Deputy General Manager, stated staff's recommendation that industrial wastes be excluded from the franchise agreement. President Carlson inquired and was advised that if it should become necessary to regulate industrial waste in the future, this could be accommodated in the franchise by mutual agreement of the parties. Following deliberation, it was moved by Member Dalton and seconded by Member Carlson, that industrial waste be excluded from the definition of "Garbage" in Secti on 1, and thereby not be covered by monopol y privileges. Motion unanimously approved on the following roll call vote: AYES: Membe rs: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None Mr. Walter Funasaki, Finance Officer, alternative terms of the franchise agreement: presented the following 1. flat ten-year term; 2. flat fifteen-year term; 3. fl at twenty-year term; or 4. base term of ten years with an option term of five years based on compliance with Section 27 of the agreement and satisfactory service. Alternatives 1,2, and 3 require compliance with Section 27 by the fifth year of the agreement. Because the current franchise agreement does not expire until November 30, 1986, Member Boneysteele recommended that should Alternative 1 be approved, the new franchise should be effective at once but should not expire until November 30,1996, rather than February 28,1996. President Carlson stated that because the collectors were under the impression that they would receive a ten-year renewal if service was satisfactory and because of the problems and expense associated with siting a landfill within the five-year period provided in the franchise agreement, there must be some incentives and protection for investments. Support for siting a landfill should come from the County and this District. Since the franchise agreement can be terminated in five years if the collectors fail to get a landfill, there should be an incentive if they do site a landfill. A ten or fifteen year period beyond that point would be appropriate. President Carlson recommended a ten-year term plus an additional ten years if a landfill is acquired. Members Dalton and Cl ausen agreed that a longer term makes the financial aspects of siting a landfill more feasible but indicated they would prefer Alternative 1 for the term of the franchise and would consider Alternative 4. Member McNulty indicated that a ten-year term is necessary to ensure adequate financing for collectors' operations. The term of the franchise was discussed with representatives from the city of Lafayette and the town of Moraga. The Lafayette representative was favorable to A 1 ternati ve 4. It was moved by Member Boneysteele that the term of the agreement and exclusive franchise shall be for a period beginning March 1, 1986, and expiring December 31, 1996, with compliance with Section 27 required by December 31,1991. The motion died for lack of a second. After discussion, President Carlson stated that there was not sufficient Board support for a ten-year term with a ten-year option upon compliance with Section 27. 02~'~. 06-t 86';; _..,-------,--- -"",,------,---.. -------,------- ,-",.._-- 78 It was moved by Member Clausen and seconded by Member Dalton, that Alternative 4 be approved as the term of the franchise effective March 1, 1986, providing for a base term of ten years, compliance with Section 27 required by the fifth year, and an option term of five years based on Section 27 compliance and satisfactory service. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Membe rs: None Mr. Morsen, Deputy General Manager, asked if there were any other comments or changes concerning the master franchise agreement. Hearing none, Mr. Morsen recommended approval of the franchise agreement and authorizati on for the Board Presi dent to execute franchi se agreements with Valley Disposal and Orinda-Moraga Disposal. Member McNul ty advi sed that the city of Lafayette has rai sed the question of the definition of the waste stream. Following discussion, it was the consensus of the Board that the definition of "Waste Stream" in the franchise agreement would be amended to read "garbage collected under this agreement." It was moved by Member Dalton and seconded by Member McNulty, that the franchise agreement as amended above be approved and that execution of the agreements by the Board President be authorized with Valley Disposal Service, Inc. and Orinda-Moraga Disposal Service, Inc. effective March 1, 1986. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None Staff was directed to prepare the necessary documents and obtain the required signatures. At this time President Carlson returned to the remaining issues that are unique to Pleasant Hill Bayshore Disposal. Following deliberation, it was moved by Member McNulty and seconded by Member Cl ausen, that Secti on 7 of the draft Pl easant Hi 11 Bayshore Disposal franchise agreement providing for submission of an unaudited statement of operations prepared by a certified publ ic accountant on a compiled basis be approved. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None It was moved by Member Clausen and seconded by Member Dalton, that given the fact that Mr. David Olney, son of Pleasant Hill Bayshore Disposal proprietor Boyd Olney, is acting as a manager but is not a stockholder of the company, Section 21, Assignability of Agreement, shall provide that the contractor shall not sell, assign, or transfer this Agreement or any part thereof other than to David Olney without the written consent of the District. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None 02. 06, 8,,6,' 79 Following discussion, it was moved by Member Boneysteele and seconded by Member Dalton, that approval and authorization for execution of the final franchise agreement with Pleasant Hill Bayshore Disposal Service be deferred pendi ng recei pt of a comprehensive and acceptabl e rate application by March 31, 1986. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None On behal f of the Board of Di rectors, Presi dent Carl son commended staff for a Job well done and thanked the collectors and their attorney for their cooperation. President Carlson declared a recess at the hour of 9:14 p.m., reconvening at the hour of 9:23 p.m., with all parties present as designated heretofore. President Carlson reverted to the order of the agenda. VII. ENGINEERING 1. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AGREEMENTS WITH THE CITY OF DANVILLE AND JAMES R. STEDMAN AND ASSOCIATES FOR THE DESIGN AND INSTALLATION OF SEWER FACILITIES THROUGH ASSESSMENT DISTRICT 1985-1 AND AUTHORIZE $1,054,000 FROM THE SEWER CONSTRUCTION FUND FOR DISTRICT PROJECT 4168 Mr. Morsen, Deputy General Manager, stated that this item and the next two matters are rel ated to the Watershed No. 35 South Sewage Collection System Improvements Project approved by the Board earlier on the agenda. It was moved by Member Dalton and seconded by Member Clausen, that the General Manager-Chief Engineer be authorized to execute agreements with the city of Danville and James R. Stedman and Associates for the design and installation of sewer facilities through Assessment District 1985-1 and the $1,054,000 be authorized from the Sewer Construction Fund for District Project 4168. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None 2. ADOPT A REVISION TO THE 1978 BOARD POLICY REGARDING ANNEXATION AND SEWER SERVICE PROVISIONS FOR PROPERTIES IN THE SYCAMORE VALLEY AREA (WATERSHED 35 SOOTH) Mr. Morsen, Deputy General Manager, stated that with Board approval of the Watershed No. 35 South Sewage Collection System Improvements Project and the Joint Exercise of Powers Agreement between the District and the city of Danville, installation of the ultimate facilities mentioned in Condition 2 of the 1978 Board Policy regarding annexation in the Sycamore Valley area will be guaranteed. Staff recommends deletion of Condition 2 from that Board policy. Following discussion, it was moved by Member Dalton and seconded by Member Boneysteele, that Condition 2 be deleted from the Watershed 35 South Board policy adopted in October 1978. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteel e, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None 02,\ 06 ~" 8~'6,i: 80 AUlHORIZATION FOR P.A. 86-5 <DANVILLE) TO BE INCLUDED IN A FUTURE FORMAL ANNEXATION TO THE DISTRICT 3. It was moved by Member Dalton and seconded by Member McNulty, that P.A. 86-5 <Danville) be included in a future formal annexation to the District. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None 4. AUlHORIZE $35,000 FROM SEWER CONSTRUCTION FUND FOR PRELIMINARY ENGINEERING ON COLLECTION SYSTEM STORM DAMAGE PROJ ECTS FOR FISCAL YEAR 1985-1986 It was moved by Member Clausen and seconded by Member Dalton, that $35,000 in Sewer Construction Funds be authorized for preliminary engineering on storm damage projects for fiscal year 1985-1986. Motion unanimously approved on the following roll call vote: AYES: NOES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson Members: None ABSENT: Members: None 5. AUTHORIZE $10,900 FROM THE SEWER CONSTRUCTION FUND FOR PREPURCHASE OF EQUIPMENT FOR lHE CONCORD INDUSTRIAL PUMP STATION UPGRADING PROJECT Following discussion, it was moved by Member Dalton and seconded by Member McNulty, that $10,900 be authorized from the Sewer Construction Fund for the Concord Industrial Pump Station Upgrading Project, District Project No. 4091. Motion unanimously approved on the following roll call vote: AYES: NOES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson Members: None ABSENT: Members: None VIII . SOLID WASTE 1. RECEIVE AND DELIBERATE LETTER FROM THE CITY OF ORINDA ON lHE DRAFT RENEGOTIATED REFUSE COLLECTION FRANCHISE AGREEMENT This item was taken out of order earlier in the agenda. 2. RECEIVE REV ISED DRAFT OF THE RENEGOTIATED REFUSE COLLECTION FRANCHISE AGREEMENT AND STAFF REPORT THEREON, AND AUTHORIZE EXECUTION WITH PRESENT FRANCHISEES AFTER DETERMINING FINAL TERMS OF THE AGREEMENT This item was taken out of order earlier in the agenda. IX. ITEMS LATE FOR THE AGENDA None X. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER Mr. Morsen, Deputy General Manager, reported that Engineering Department staff members will travel to Seattle, Washington to inspect dewatering equipment. Funds have been budgeted for this purpose. 2. COUNSEL FOR THE DISTRICT 02" 0'6 86 81 a. Mr. James L. Hazard, Counsel for the Di strict, reported that bidding guidelines are being prepared for the District. b. A communication relative to the San Ramon Valley EIR issues was distributed for the Board's review. c. Information concerning CASA presentations on potential liability under the State Tort Cl aims Act and the Federal Civil Rights Act was distributed. Mr. Hazard advised the Board that notifications has been received that the District's errors and omissions insurance coverage will be cancelled effective March 26,1986. At that time the District will be self-insured. The Risk Management Committee is reviewing this matter and will report back to the Board by March 20,1986. 3. SECRETARY OF THE DISTRICT a. Following discussion, it was the consensus of the Board that the inhouse public participation and information seminar scheduled for February 18, 19, and 20, 1986, from 8:30 a.m. to 4:30 p.m. will be noticed as a Board meeting in the event that three members of the Board wi sh to attend these sessions. It was noted for the record that it is not the Boa rd' s intent ion th at any act i on or bu s i ness w ill take place. The sessions will be noticed to ensure conformity with the requi rements of the'Brown Act. b. The amendment to the minutes of the December 19, 1985 Board meeting was reviewed and approved. 4. BOARD MEMBERS a. Member Dalton reported on the February 5 Solid Waste Commission meeting. The question of control of the waste stream was discussed. The Solid Waste Commission recommends that franchising agencies retain the ability to modify franchise agreements to allow assignment of the waste stream to certain sites. Following discussion, staff was directed to send executed copies of the new franchise agreement to the Sol id Waste Commission and to the appropriate cities. b. President Carlson reported on the recent CASA Directors' Committee meeting and commended Charles Batts for his presentation on Qual ity Ci rcl es. XI. MATTERS FROM THE BOARD NOT ON THE AGENDA None XII. CLOSED SESSION 1. LITIGATION With respect to existing litigation, the closed session was held pursuant to Government Code Section 54956.9(a). The titles of the litigation discussed were: a. CCCSD v CCWD (Alum Sludge) Contra Costa County Superior Court No. 253195 CCWD v CCCSD (Water Reclamation) Contra Costa County Superior Court No. 258786 b. At 9:55 p.m., President Carlson declared the closed session to di scuss 1 itigation pursuant to Government Code Section 54956.9(a). At 10:10 p.m., President Carlson concluded the closed session and reconvened the meeting into open session. XIII. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None o~~ 06} 8.6l ,---...- -------"",...- --",,------- ,,- ------- 82 XIV. ADJ OURNMENT There being no further business to come before the Board, President Carlson adjourned the meeting at the hour of 10:10 p.m., to reconvene at 8:30 a.m. on Tuesday, February 18, 1986, for the purpose of a publ ic participation seminar. /Úvt2¿ President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: /' " - ~c )l/1 \ ;l(., tL Lt.-' 'I ¡ em ¿LÚ1",--- S~r t'ry of the Central Contra Costa Sanitary District, County of Contra Costa, State of California 02~ 06< 86