HomeMy WebLinkAboutBOARD MINUTES 01-21-93
12
MINUTES OF THE REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD ON JANUARY 21, 1993
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 3 p.m. on January 21, 1993.
President Clausen called the meeting to order and requested that the Secretary call roll.
1. ROLL CALL
PRESENT:
Members:
Dalton, Menesini, Hockett, Rainey, Clausen
ABSENT:
Members:
None
2. PUBLIC COMMENTS
None
3. AWARDS AND COMMENDATIONS
ADOPT A RESOLUTION COMMENDING WALTER N. FUNASAKI. FINANCE
OFFICER. FOR HIS SERVICE TO CENTRAL CONTRA COSTA SANITARY DISTRICT
a.
President Clausen expressed his regret that Mr. Walter N. Funasaki, Finance Officer, has
resigned and will no longer be with the District. President Clausen read a resolution
commending Mr. Funasaki and wishing him well in his retirement.
It was moved by Member Dalton and seconded by Member Rainey, that Resolution No.
93-004 be adopted, commending and honoring. Mr. Funasaki for his service to the Central
Contra Costa Sanitary District.
Mr. Walter N. Funasaki, Finance Officer, stated that it has been his pleasure to serve the
Board and the District as part of the management team.
4. CONSENT CALENDAR
It was moved by Member Rainey and seconded by Member Dalton, that the Consent
Calendar, consisting of Items a. and b., be approved as recommended.
a.
Authorization was given for P.A. 93-1 (Lafayette) to be included in a future
formal annexation to the District.
Motion unanimously approved on the following vote:
AYES: Members: Rainey, Dalton, Menesini, Hockett, Clausen
NOES: Members: None
ABSENT: Members: None
b.
The contract work for the construction of the Hap Magee Park Sewer
Replacement Project in Danville (DP 4921) was accepted and the filing of
the Notice of Completion was authorized.
Motion unanimously approved on the following vote:
AYES: Members: Rainey, Dalton, Menesini, Hockett, Clausen
NOES: Members: None
ABSENT: Members: None
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5. HEARINGS
a.
CONDUCT PUBLIC HEARING AND CONSIDER APPROVAL OF A NEGATIVE
DECLARATION AND THE COLLECTION SYSTEM OPERATIONS (CSO)
RECONFIGURATION PROJECT. DP 30023
Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that this item has been
before the Board periodically as it has advanced and progressed. Mr. Dolan introduced
Mr. Russell Leavitt, Planning Assistant, who stated that while a public hearing on the
Negative Declaration and the Collection System Operations (CSO) Yard Reconfiguration
Project is not required by the California Environmental Quality Act (CECA) or the District's
procedures, it does provide the public with another opportunity to comment on the
project. The proposed project involves reconfiguring the CSO yard to accommodate the
taking of approximately one acre of land by Caltrans for the 1-680/SR-24 interchange
improvement project. Due to a delay in the Caltrans property acquisition, the District was
able to do additional work to cut costs and address comments of the City of Walnut
Creek. Mr. Leavitt stated that the revised project description is included in the Negative
Declaration. The initial study was updated to reflect the changes. Staff has concluded
that a Negative Declaration is the appropriate document to address the environmental
effects of the project. The Negative Declaration was made available for the 21-day
comment period. One letter was received from the City of Walnut Creek and was
included in the agenda packet together with the District staff response. Based on the
comments received, District staff proposes amending the Negative Declaration as noted
in the District staff response. If the Board of Directors approves the changes, a revised
Negative Declaration will be sent to the City of Walnut Creek for their use as a responsible
agency on the project.
At 3:14 p.m., President Clausen opened the public hearing to receive comments on
approval of the Negative Declaration and the CSO Yard Reconfiguration Project. There
being no comments, President Clausen closed the public hearing.
It was moved by Member Dalton and seconded by Member Hockett, that Resolution No.
93-005 be adopted, approving the Negative Declaration and the CSO Yard
Reconfiguration Project, DP 30023. Following discussion of the status of negotiations
with Caltrans, the motion was approved on the following roll call vote:
AYES: Members: Dalton, Hockett, Menesini, Rainey, Clausen
NOES: Members: None
ABSENT: Members: None
6. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
Mr. Dolan, General Manager-Chief Engineer, requested that Item 12., Emergency
Situations Requiring Board Action, and Item 13.a., General Manager-Chief Engineer Storm
Report, be taken out of order. President Clausen proceeded to Item 13.a.
13. REPORTS
GENERAL MANAGER-CHIEF ENGINEER
a.
4)
Mr. Dolan, General Manager-Chier Engineer, introduced Mr. John A. Larson,
Collection System Operations Department (CSOD) Manager, who provided
an update on the CSOD response to the storm situation. Mr. Larson stated
that on January 13, 1993, the District began to experience serious wet
weather effects. Approximately 3 inches of rain fell in a 24-hour period.
During that period, CSOD dealt with one landslide at Round Hill North, and
approximately 18 overflows in Orinda, Pleasant Hill, Moraga, Lafayette, and
Martinez. Flooding occurred in two residences and one building housing
four businesses. Since January 13, 1993, it has continued to rain. There
has been one additional landslide in Martinez; approximately eight to ten
overflows in Martinez, Pleasant Hill, Walnut Creek, and Moraga; and
flooding in five homes. One major line in the Hidden Valley area collapsed.
On January 21, 1993, an 18-inch line in Miner Road, Orinda, opened and
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is running into the creek that flows into the East Bay Municipal Utility
District reservoir. In addition, a parallel 1 5-inch line is threatened.
Mr. Charles W. Batts, Plant Operations Department (POD) Manager,
reported that on January 13, 1993, flows into the Treatment Plant averaged
100 mgd and peaked at 180 mgd. At that time, the basins were about half
full. Since that time, POD staff was able to bring some of the water back
from the basins and through the Treatment Plant. At this time, Basin B is
partially full. Some holding capacity is still available if heavy rains continue.
Most of the pumping stations operated well during the storm. However, at
the Fairview Pumping Station pumping capacity limitations restricted the
flow that could be pumped to the plant from the Martinez system. The first
heavy flush through the system occurred on January 13, 1993, plugging
the bar screens. The bar screens were cleaned and were up and running
again in a very short time. The rest of the Treatment Plant had no
problems, due mainly to the ongoing efforts of POD maintenance people.
Mr. Dolan stated that CSOD and the Planning Division staff reviewed the
situation and found that almost .all of the overflowing manholes were on
pipes that were identified as deficient in the Master Plan. District staff is
aware there is a problem and is working on it, but the State's taking of ad
valorem tax revenue is a problem because this is our major source of the
capital revenue needed to pay for this work. In addition, for the last few
years, the District's O&M Budget has been based on a presumption of
continued dry weather. Having a wet year, will impact the O&M Budget as
well.
At this time, President Clausen proceeded to Item 12.
12. EMERGENCY SITUATIONS REQUIRING BOARD ACTION
MINER ROAD STORM DAMAGE REPAIR PROJECT
a.
Mr. John A. Larson, Collection System Operations Department (CSOD) Manager, stated
that due to the extreme wet weather conditions and the erosion that has occurred in a
storm culvert under Miner Road in Orinda, the District's 1 8-inch line in Miner Road in
Orinda has failed and the nearby 15-inch line is threatened. Mr. Larson drew a diagram
and described the location and condition of the District pipelines. The District has been
working cooperatively with the City of Orinda. If the situation is not corrected
immediately, sewer service to the Sleepy Hollow area of Orinda will be lost.
Mr. Dolan, General Manager-Chief Engineer, stated that an emergency situation exists.
and requested Board authority for exception to the District standard bidding procedure to
allow work to proceed to correct this situation.
Mr. Kenton L. Aim, Counsel for the District, stated that the provisions of the Brown Act
require that a majority vote of the Board, determining that an emergency exists, is
required for consideration of this matter.
It was moved by Member Rainey and seconded by Member Dalton, that in accordance
with Government Code Section 54954.2(b)(1), the Board of Directors of the Central
Contra Costa Sanitary District determines that an emergency situation exists, as defined
in Section 54956.5 of the Government Code. There being no objection, the motion was
unanimously approved.
Next, it was moved by Member Dalton and seconded by Member Rainey, that in
accordance with Public Contract Code Section 20806, the Board of Directors finds that
the circumstances are sufficient for the Board to make the legislative finding that an
emergency exists and that in order to avoid public calamity and to protect the public
health and safety, exception to the District standard bidding procedure is authorized for
completion of the work necessary to correct the situation with regard to the 1 8-inch and
15-inch lines in the Miner Road area of Orinda. Motion unanimously approved on the
following roll call vote:
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AYES: Members: Dalton, Rainey, Menesini, Hockett, Clausen
NOES: Members: None
ABSENT: Members: None
Following discussion, it was moved by Member Rainey and seconded by Member Dalton,
that funds from the Sewer Construction Fund be allocated to cover the cost of the Miner
Road Storm Damage Repair Project in an amount not to exceed $100,000 unless
warranted by the emergency situation. Motion unanimously approved on the following
roll call vote:
AYES: Members: Rainey, Dalton, Menesini, Hockett, Clausen
NOES: Members: None
ABSENT: Members: None
Member Menesini commended District staff on a job well done in dealing with the
emergency. CSOD, POD, and Pumping Station 'employees deserve praise for their efforts.
At this time, President Clausen reverted to the order of the agenda.
7. BIDS AND AWARDS
a.
AUTHORIZE AWARD OF A PURCHASE ORDER TO ROSEMOUNT ANALYTICAL.
INC. TO FURNISH A CONTINUOUS EMISSIONS MONITORING SYSTeM TO
MONITOR TOTAL HYDROCARBON (THC) EMISSIONS FOR THE. FURNACE THC
MONITORING PROJECT. DP 20125
Mr. Dolan, General Manager-Chief Engineer, stated that this project will enable the District
to operate the furnaces somewhat more efficiently and will also provide emission data
required by the Environmental Protection Agency (EPA) to ensure compliance with the
EPA hydrocarbon requirements.
In response to a question from President Clausen on the continued use of the furnaces,
Mr. Robert A. Baker, Deputy Chief Engineer, stated that the new sludge regulations,
including furnace regulations, have been distributed by the EPA. The stringency of the
regulations is well within the ability of the Dist~ict's equipment to meet. The District has
taken a hard look at the cost effectiveness of the incinerators and the next most cost
effective technology. It appears that the incinerators will be good for this decade. Mr.
Charles W. Batts, Plant Operations Department Manager, briefly described methods of ash
disposal being used and alternatives being pursued for recycling ash from the incinerators.
It was moved by Member Dalton and seconded by Member Menesini, that award of the
purchase order to Rosemount Analytical, Inc., the lowest responsible bidder, be authorized
in the amount of $112,964, to furnish one continuous emissions monitoring system to
monitor total hydrocarbon (THC) and carbon monoxide emissions for the Furnace THC
Monitoring Project, DP 20125. There being no objection, the motion was unanimously
approved.
a.
8. ENGINEERING
AUTHORIZE THE SUBSTITUTION OF T.L. BUSH. THE LISTED SUBCONTRACTOR.
WITH MCE CORPORATION. A NEW SUBCONTRACTOR. FOR ASPHALT PAVING
WORK ON THE HEADWORKS FACILITIES IMPROVEMENT PROJECT. DP 20069
Following discussion, it was moved by Member Menesini and seconded by Member
Rainey, that the substitution of the listed .subcontractor, T.L. Bush, with a new
subcontractor, MCE Corporation, be authorized for asphalt paving work on the Headworks
Facilities Improvement Project, DP 20069. There being no objection, the motion was
unanimously approved.
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b.
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN
AGREEMENT WITH THE CONTRA COSTA WATER DISTRICT FOR DESIGN OF A
14-INCHWATER RELOCATION FOR DP4782.1-680/SR-24SEWER RELOCATIONS
PROJECT. PHASE III
Following explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by
Member Dalton and seconded by Member Hockett, that the General Manager-Chief
Engineer be authorized to execute an agreement with the Contra Costa Water District for
the preparation of plans, specifications, and construction inspection for the 14-inch water
line relocation for DP 4782, 1-680/SR-24 Sewer Relocations Project, Phase III. There
being no objection, the motion was unanimously approved.
c.
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN
AGREEMENT WITH THE CONTRA COSTA WATER DISTRICT FOR DESIGN OF A
3D-INCH WATER RELOCATION
It was moved by Member Rainey and seconded by Member Menesini, that the General
Manager-Chief Engineer be authorized to execute an agreement with the Contra Costa
Water District for the preparation of plans and specifications for the 30-inch water line
relocation to make way for a portion of the Pleasant Hill Interceptor Project. There being
no objection, the motion was unanimously approved.
d.
AUTHORIZE $122.000 FOR THE COLLECTION SYSTEM PROGRAM
CONTINGENCY ACCOUNT AND AUTHORIZE ALLOCATION OF FUNDS FOR THE
EVALUATION OF ROSSMOOR SEWERS: AUTHORIZE EXECUTION OF AN
AGREEMENT WITH HDR ENGINEERING. INC. TO PREPARE AN EVALUATION OF
THE ROSSMOOR SEWER SYSTEM
Mr. Jay S. McCoy, Infrastructure Division Manager, stated that the majority of the sewers
in Rossmoor are privately maintained. The District maintains about 50,000 feet of sewer
in Rossmoor. Recently Rossmoor and the developer have requested that the District take
over approximately 100,000 feet of sewer in addition to the ones maintained by the
District. Discussions have occurred over the last nine months with regard to this matter
and the ongoing dispute with the developer over the amount of connection fees. The
condition of most of the older sewers in Rossmoor is unknown. Mr. McCoy requested
that funds be allocated to look at the older sewers to determine their condition and the
costs involved to upgrade and assume maintenance.
Discussion followed concerning possible cost sharing, the need for an independent
assessment, and the need to alert the residents of Rossmoor of the condition of the sewer
system.
It was moved by Member Rainey and seconded by Member Menesini, that $146,000 be
authorized from the Sewer Construction Fund to the Collection System Contingency
Account; that the General Manager-Chief Engineer be authorized to allocate these funds
for the project; and that the General Manager-Chief Engineer be authorized to execute a
cost reimbursement agreement with a cost ceiling of $70,000 with HDR Engineering, Inc.
for the evaluation of the Rossmoor sewer system. Motion unanimously approved on the
following roll call vote:
AYES: Members: Rainey, Menesini, Dalton, Hockett, Clausen
NOES: Members: None
ABSENT: Members: None
President Clausen indicated that he recognized the need for this work, but stated that in
principle he objects to items coming up that are not included in the Capital Improvement
Budget because they are given priority without consideration for the priorities of all the
other items in the Capital Improvement Budget.
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9. CORRESPONDENCE
a.
NOTE RECEIPT OF LETTER FROM MR. JOEL KELLER. MAYOR OF THE CITY OF
ANTIOCH. CONCERNING THE TRI-VALLEY WASTEWATER AUTHORITY (TWA)
PROPOSED PROJECT
b.
Following discussion, receipt of the letters from Mr. Joel Keller, Mayor of the City of
Antioch, and Mr. Robert Lewis, Mayor of the City of Pittsburg, concerning the TW A
proposed project was noted, the objections were noted, and staff was directed to
respond.
10. APPROVAL OF EXPENDITURES
a.
EXPENDITURE LIST DATED JANUARY 21. 1 993
Member Menesini, member of the Budget and Finance Committee, stated that he and
Member Hockett reviewed the expenditures and found them to be satisfactory.
Following discussion of the Local Agency Formation Commission (LAFCO) annexation fee,
it was moved by Member Menesini and seconded by Member Hockett, that the
Expenditure List dated January 21, 1993, including Self-Insurance Check Nos. 100658-
100661, Running Expense Check Nos. 72882-73203, and Sewer Construction Check
Nos. 11948-12005, be approved as recommended. There being no objection, the motion
was unanimously approved.
11. BUDGET AND FINANCE
a.
REVIEW AND APPROVE THE REVISED STATEMENT OF INVESTMENT POLICY
Mr. Dolan, General Manager-Chief Engineer, stated that a fairly modest adjustment to the
Statement of Investment Policy is required. With Mr. Walter Funasaki's retirement, the
title of the employee responsible for investment transactions should be revised from that
of District Finance Officer to District Controller.
It was moved by Member Dalton and seconded by Member Rainey, that the revision to
the District's Investment Policy be approved, replacing the position of Finance Officer
with that of Controller in each affected section of the policy. There being no objection,
the motion was unanimously approved.
12. EMERGENCY SITUATIONS REQUIRING BOARD ACTION
This item was taken out of order earlier in the agenda.
13. REPORTS
a.
GENERAL MANAGER-CHIEF ENGINEER'
1 )
In recent years research conducted by the scientific community has
provided a better understanding of the impact of pollutants on the
environment. Some of the new pollutants are not amenable to removal at
the Treatment Plant. Many contaminants are removed by treatment, but
not a high enough percent removal is achieved. The District removes 90
percent of the copper that comes into the Plant, but there are still concerns
about what remains.
Historically, when faced with problems of this sort, environmental managers
have resorted to a variety of techniques including product bans,
reformulations, substitutions, and process and behavior changes in the
home, in commercial establishments, and in industrial processing. It has
become obvious that an expansion of these techniques constitutes the best
way to deal with the plethora of newly recognized pollutants. These
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pollution prevention techniques are being developed and applied across the
country.
The District expects to have pollution prevention requirements mandated in
the next National Pollutant Discharge Elimination System (NPDES) permit in
1994. The District would like to take the proactive step of developing and
implementing a cost effective pollution prevention program before it is
mandated. This will enable the District to gain some experience and
measure the effectiveness of pollution prevention before negotiations begin
with the Regional Water Quality Control Board (RWQCB). Also, it is
expected that the program will be effective and therefore, starting early will
provide an added beneficial impact on the environment.
Mr. Dolan introduced Mr. Bart Brandenburg, Source Control Superintendent,
who stated that as reQuired by the RWQCB, a Waste Minimization Plan was
submitted on July 1, 1992. The Waste Minimization Plan described
pollution prevention work accomplished to date, including permitting
radiator shops, permitting large photo processors, permitting hospitals, and
working with the Bay Area Air Quality Management District (BAAQMD) on
inspection of dry cleaners. Mr. Brandenburg proposed that the Waste
Minimization Plan be augmented by increasing influent sampling frequency,
implementation of a ban on root killer containing copper, finalization of the
residential metals study, and revision of local limits to reflect changes in
standards in the NPDES permit. Mr. Brandenburg stated that there have
been some new developments in the waste minimization/pollution
prevention area. The potency factor for the dry cleaning solvent
perchloroethelene has been increased, putting the District closer to the
action level for increased risk of cancer. The RWQCB now requires pollution
prevention efforts for reduction of Ceriodaphnia (water flea) toxicity.
District staff believes the Ceri~daphnia toxicity is due to the use of
pesticides by the public in the District service area. Mass emission limits for
copper are more likely, and site-specific limits for copper are being
implemented.
Mr. Brandenburg introduced Ms. Colleen Camicia, Public
Information/Graphics Coordinator, who reviewed the goal and the objectives
of the Pollution Prevention Program to adequately reduce problem
constituents entering the Treatment Plant from both residential and
nonresidential sources by researching sources, educating contributors,
encouraging alternatives, and promoting responsible waste disposal and
handling. Ms. Camicia stated that for the proposed residential program,
staff recommends that the pollution prevention message be built into
existing District programs such as the inPROGRESS newsletter, the Lindsay
Museum aquatic exhibit, the schoolchildren program, and the 1993 annual
report. In this way, the District will get more for its money. Other
proposed activities include a Speakers Bureau presentation, Point of
Purchase materials, a direct mail campaign, expanded plant tour program
and brochure, sponsoring a Clean Water Week, the Earth Day booth, and
media relations such as press releases and guest editorials.
Mr. Brandenburg stated that during the first three years, the proposed
nonresidential Pollution Prevention Program will emphasize sources of
copper, pesticides, and mercury. In the fourth and fifth years, those efforts
will continue at a reduced level and perchloroethelene and methylene
chloride sources will be targeted. Initially, it is planned that the Pollution
Prevent Program be an educational program. Later it may be necessary to
conduct enforcement activities; however, enforcement is not included in the
cost of the proposed program. Mr. Brandenburg highlighted the cost/labor
summary for the proposed Pollution Prevention Program. A five-year
program is proposed with a total annualized cost of $140,000 plus staff
time.
Discussion followed and suggestions were made concerning working with
the Joint Commission on Hospital Accreditation, working with the schools
to get pollution prevention built into the curriculum, conducting educational
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workshops for teachers in addition to the workshops proposed, and working
with other agencies at the local and state level.
President Clausen thanked Ms. Camicia and Mr. Brandenburg for their
presentations.
2)
Mr. Dolan stated that in 1967, the District entered into a contract with the
City of Martinez under which the District took over the sewer system for
the City provided that the City would obtain for the District easements
covering all Martinez public sewers which were not in public rights-of-way.
Over the years, the City has never refused to comply, but they have
processed very few easements. A little over a year ago, Mr. Ron Peterson,
Martinez Assistant City Manager, attended a Central San Board meeting to
discuss easement issues. Mr. Peterson indicated that the City could not
afford to pay for the easements and requested the District to institute a
surcharge to pay for the cost of the easements. The City of Martinez was
urged to pass a resolution or make a specific request from the City Council
that the District impose the surcharge and obtain the easements in that
way. The City requested that the matter be deferred until after the
November 1992 election.
Mr. Dolan introduced Mr. Jay S. McCoy, Infrastructure Division Manager,
who described the problems associated with the lack of easements in a
portion of the Martinez sewer system. At this time, District staff proposes
that the agreement with the City of Martinez, which provides that missing
easements be acquired by the District but at the cost of the City, be
enforced. The acquisition of the easements has been discussed over the
past 20 years. The latest acquisition approach was developed in 1991.
There are approximately 170 parcels involved. The properties will be
divided into groups of approximately 30 each. The District will prepare
grants of easement. The property owners will be contacted to sign grants
of easements, and will be paid a $150 transfer fee. Those owners who do
not choose to sign grants will be informed that an easement declaration will
be recorded by the District. The District will hold hearings as a part of the
recording of easement declarations. Mr. McCoy stated that the process will
take approximately eight years to complete, and is estimated to cost a total
of $200,000, or $25,000 per year. District staff will track all costs
incurred for this work. The District will be reimbursed for those costs by
adding a $3 to $5 increment on the yearly Sewer Service Charged for
Martinez residents served by the District. The Sewer Service Charge
increment will most likely be the subject of a public hearing in June 1994.
Following discussion of the need for support from the City of Martinez and
consideration of possible options for recovering the costs, it was agreed
that a Committee of the Board will meet with a Committee of the Martinez
City Council.
3)
Mr. Paul Morsen, Deputy General Manager, reported on his tour of the
Acme Demonstration Composting Operation. Mr. Morsen stated that the
demonstration facility has been permitted to accept 100 tons of composting
material per day, but is currently receiving only 30 to 40 tons per day. The
composting operation was a condition for the Land Use Permit for the
transfer station and began in 1992. Acme has requested a six-month
extension on the 18-month demonstration period. Acme is gathering data
on compost quality, surface and subsurface runoff, and industrial hygiene.
The goal of the operation is to produce a quality growing medium to be
used in landscaping projects. Mr. Morsen stated that there is a significant
amount of contamination in the loads brought into the facility. Mr. Morsen
described the process for removing the contamination and composting the
remaining material. Acme has indicated costs are not available until the
demonstration project has been completed. Acme is not currently marketing
any com posted material.
In response to questions from the Board and staff, Mr. Matthew Cotton,
Acme Composting Manager, stated that there is no cover or cap to prevent
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migration of water used in the composting operation from getting into the
active landfill; however, the composting activity currently meets State
requirements for permeability. Mr. Cotton stated that he does not know if
Acme will be allowed to continue composting on the site after the landfill
is closed. Mr. Cotton stated further that Acme is doing tests and marketing
analyses in an effort to identify potential markets for the com posted
material. Before the product is actually marketed, Acme wants to be sure
a consistent product is being produced. In addition, the current permit does
not allow Acme to make a profit, so Acme is in no hurry to market the
material. Mr. Cotton stated that information is not yet available to
determine the costs for producing the com posted material, so he is unable
to justify the $55 per ton fee.
4)
The status report of storm damage and Treatment Plant flows was taken
out of order earlier in the agenda.
5)
Mr. Dolan announced that the District is currently advertising for bids for
the Legion Court Sewer Project at an estimated cost of $800,000, purchase
of turbines for the Co-Generation Project at an estimated cost of $ 2 million,
and the No-Dig Upsizing Project at an estimated cost of $950,000.
6)
Mr. Dolan announced that District staff has processed the 50 to 60
commercial billings of previously unbilled property. As previously discussed
with the Board, the multi-year billing option will be covered by deed
recordation. Staff is now ready to send letters to owners of property
connected to the sewer but who have not been paying Sewer Service
Charges. Approximately 760 notices will be mailed over the next few
weeks. The maximum amount owed is $576. Consistent with previous
Board direction, staff will offer residents the option of paying immediately,
adding the full amount to the November 1993 tax bill, or spreading the
amount over the next three years' tax bills. Because of the cost involved,
staff would propose that these liens not be recorded and that the District
accept the risk complications that could arise; for example, due to sale of
the property during the three-year period. In response to a question from
Member Rainey, Mr. Dolan stated that the current property owner who
informs us that they purchased the property within the last three years will
be required to pay only for the period of time they owned the property if
that is less than the full amount owning. The Board concurred with the
staff proposal.
COUNSEL FOR THE DISTRICT
None
SECRETARY OF THE DISTRICT
1 )
Ms. Joyce E. Murphy, Secretary of the District, distributed the
Training/Conference Summary for the quarter ended December 31, 1992.
BOARD OF DIRECTORS
1 )
President Clausen reported that the Central Contra Costa Solid Waste
Authority has hired Mr. Fred Davis. Mr. Davis recently retired from the
Chico City Manager position. Mr. Davis is very knowledgeable and
experienced in the solid waste area.
2)
Member Rainey reported on the AB 939 Task Force meeting held on
January 20, 1993. Representatives of the Integrated Waste Management
Board were present. County membership in the Contra Costa Solid Waste
Authority was discussed. Member Rainey reported that there will be a
meeting on January 25, 1993 with the County Negotiating Committee. The
County has proposed additional language for Assembly Bill 3001 relating to
siting a non-disposal solid waste facility. The Contra Costa Solid Waste
Authority supports the current language in AB 3001 and recommends that
no change be made.
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3)
Member Rainey reported that the Fiscal Unity Summit held on January 16,
1993, was very interesting and well attended. A good summary of the
Summit appeared in the January 21, 1993 Contra Costa Times. The main
concentration was on sharing and cooperative endeavors with an eye to
saving money. A follow up meeting will be held to develop a work program
for the coming year. Member Rainey indicated that she would keep the
Board apprised.
14. ANNOUNCEMENTS
President Clausen announced that he will be out of town from February 11 through
February 25, 1993.
15. CLOSED SESSION
a.
EXISTING LITIGATION
The closed session was held to discuss existing litigation pursuant to Government Code
Section 54956.9(a). The title of the litigation discussed was Acme Landfill Corporation
vs. Althi~ CD Medical, Inc., CCCSD, et ai, U.S. District Court No. C91-4268 VRW.
b.
INITIATION OF LITIGATION
Pursuant to Government Code Section 54956.9(c), on the advice of Counsel based on
existing facts and circumstances, the Board of Directors of the Central Contra Costa
Sanitary District has decided to initiate or is deciding whether to initiate litigation.
At 5:50 p.m., President Clausen declared the closed session to discuss litigation pursuant
to Government Code Sections 54956.9(a) and (c). At 6:36 p.m., President Clausen
concluded the closed session and reconvened the meeting into open session.
16. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION
It was moved by Member Dalton and seconded by Member Rainey, that the Agreement
Tolling the Statute of Limitations with regard to drainage repair liability adjacent to St.
Mary's College, be approved. There being no objection, the motion was unanimously
approved.
17. ADJOURNMENT
There being no further business to come before the Board, President Clausen adjourned
the meeting at the hour of 6:37 p.m., to reconvene at 6:30 p.m. on Thursday, January
28, 1993 for a meeting of the Sanitation and Water Agencies of Contra Costa County to
discuss areas of mutual concern.
. ent of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
ec t Y of the Central Co a
ta Sanitary District, County of
Contra Costa, State of California
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