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HomeMy WebLinkAboutBOARD MINUTES 03-05-92 44 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MARCH 5, 1992 The District Board of the Central Contra Costa Sanitary District convened in a regular session at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 3:00 p.m. on March 5, 1992. President Boneysteele called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Clausen, Dalton, Starita, Rainey, Boneysteele ABSENT: Members: None 2. PUBLIC COMMENTS None a. 3. AWARDS AND COMMENDATIONS PRESENT COLLECTION SYSTEM PERSON OF THE YEAR AWARD FOR THE SAN FRANCISCO BAY SECTION OF THE CALIFORNIA WATER POLLUTION CONTROL ASSOCIATION TO CHUCK GARDNER. MAINTENANCE CREW MEMBER II Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that each year the San Francisco Bay Section of the California Water Pollution Control Association (CWPCA) seeks out and identifies an outstanding member of the collection system field. We are particularly honored here at Central Contra Costa Sanitary District that Mr. Chuck Gardner, Maintenance Crew Member II, has been named San Francisco Bay Section Collection System Person of the Year. Mr. John A. Larson, Collection System Operations Department Manager, stated that Chuck Gardner was selected as the Collection System Person of the Year from some 600 workers in the Bay Area. Chuck was nominated by his Superintendent and Supervisors based on his efforts in helping the trainees secure the required Class A driver's licenses, his accident free work record, and his work above and beyond what is required. Mr. Larson presented the CWPCA, Bay Section, Collection System Person of the Year Award to Mr. Chuck Gardner, Maintenance Crew Member II. Mr. Gardner will now compete with 1 8 others for the State-wide award. On behalf of the Board, President Boneysteele extended his thanks and congratulations to Mr. Gardner and wished him well in the State-wide competition. 4. CONSENT CALENDAR It was moved by Member Rainey and seconded by Member Clausen, that the Consent Calendar, consisting of Items a. through e., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution No. 92-014 accepting work and Offers of Dedication from Kenneth R. Coleman and Regina A. Coleman, Job 4820, Parcel 2, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: Rainey, Clausen, Dalton, Starita, Boneysteele NOES: Members: None ABSENT: Members: None "0,3 05 .92 45 b. Quitclaim Deed to Kensington Place Joint Venture, Job 1556, Portions of Parcel 1 and Parcel 1-A, was approved, the President of the Board of Directors and the Secretary of the District were authorized to execute and record said Quitclaim Deed, and Resolution No. 92-015 was adopted to that effect. Motion unanimously approved on the following vote; AYES: Members: Rainey, Clausen, Dalton, Starita, Boneysteele NOES: Members: None ABSENT: Members: None c. The contract work for the repair of landslides along the Moraga Interceptor Project in Moraga, DP 9557, was accepted and the filing of the Notice of Completion was authorized. Motion unanimously approved on the following vote: AYES: Members: Rainey, Clausen, Dalton, Starita, Boneysteele NOES: Members: None ABSENT: Members: None d. March 19, 1992 was established as the date for a public hearing to consider adoption of the proposed Source Control Ordinance revision and District staff was authorized to publish the notice of public hearing. Motion unanimously approved on the following vote: AYES: Members: Rainey, Clausen, Dalton, Starita, Boneysteele NOES: Members: None ABSENT: Members: None e. The draft Fiscal Year 1992-1993 Capital Improvement Budget/1992 Ten- Year Capital Improvement Plan (CIB/CIP) was received for review and March 19, 1992 was established as the date for the public hearing to received comments on the draft CIB/CIP. Motion unanimously approved on the following vote: AYES: Members: Rainey, Clausen, Dalton, Starita, Boneysteele NOES: Members: None ABSENT: Members: None CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Dolan, General Manager-Chief Engineer, requested that Item 13.a. 1), Stone Portable Toilets' Request for Permit, be taken out of order to accommodate interested persons in the audience. President Boneysteele proceeded to Item 13. a. 13. REPORTS GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, introduced Mr. David R. Williams, Planning Division Manager. Mr. Williams stated that Stone Portable Toilets has submitted an application to the District to bring trucked 03 0:5 .92 46 03 05 in waste into the treatment plant for disposal. District staff held off processing the application pending the outcome of an administrative action at Delta Diablo Sanitation District (DDSD). Mr. Williams reviewed Title 10 of the District Code relating to control of industrial waste including trucked in waste, that was followed by District staff in processing this application. Mr. Williams reviewed the background and chronology of events leading to the DDSD pending administrative action against Stone Portable Toilets provided a description of the company's size, location, number of employees, layout of the warehouse space, and location of the private pipeline and pumping station serving the facility. Mr. Robert M. Dubois, DDSD Source Control Inspector, stated that samples were taken from the wet well of the pumping station adjacent to the Stone Portable Toilets warehouse facility. It was determined from those samples, that Stone Portable Toilets was discharging directly into the sewer system. Mr. Williams recommended that the Stone Portable Toilets request for a permit be denied based on the following: 1 ) Stone Portable Toilets knowingly made frequent discharges into the sewer system over extended periods of time without a permit. 2) These discharges were made with the owner's knowledge. 3) The discharges were illegal and provided the owner with an unfair advantage over his competitors. 4) The District Code allows denial of the Stone Portable Toilets permit request. If Stone Portable Toilets follows good business practices with respect to the District's Source Control Ordinance, Mr. Williams recommended that it be allowed to reapply after one year. Discussion followed concerning special testing if an interim permit were granted and the District's potential exposure to illegal dumping. Mr. Kenton L. Aim, Counsel for the District, stated that a survey was conducted at the time the Source Control Ordinance and procedures for septage hauling, were adopted. Central Contra Costa Sanitary District is virtually the only treatment plant in the East Bay accepting septage. One of the cornerstones of the District program requires manifests of the collection point of the waste. The issue in this case is one of honesty and trustworthiness. Lastly, there is a criminal statute that makes it illegal to dump into a manhole or other device without a permit. Mr. Joe Oblaczinski, owner of Stone Portable Toilets, addressed the Board, stating that his company did dump into the sewer system from their warehouse facility. The General Manager, who was responsible for the dumping, was discharged from his duties when the dumping was discovered. Mr. Oblaczinski stated that the District Attorney dropped charges after investigation, saying that there was no cause. Mr. Oblaczinski stated that his company is under severe hardship because the fees at DDSD are over $200 compared to CCCSD's fees of about $70 per load. Mr. Oblaczinski requested that the Board grant his request for a permit to dump at CCCSD. Ms. Susan Saso, Office Manager for Stone Portable Toilets, stated that she has worked at Stone Portable Toilets since January 21, 1990. Ms. Saso stated that to her knowledge Stone has met the DDSD guidelines except for a phenol problem. Ms. Saso asked that the same requirements be imposed on Stone Portable Toilets as on other companies. If Stone Portable Toilets is unable to get a permit, they will go out of business. 92 47 Mr. Green, an employee of Stone Portable Toilets, requested that the Board grant the waste hauler permit to Stone Portable Toilets. Stone Portable Toilets made a mistake but the District Attorney dropped the charges. Mr. Williams read from a letter from the District Attorney's Office to DDSD which indicated that the matter was dropped because of the lack of funds of Stone Portable Toilets. In response to a question from Member Starita, Mr. Dubois stated that there was no indication of toxic waste in the samples taken. The samples contained toilet waste. Stone Portable Toilets dumped toilet waste without permits in violation of DDSD ordinances, they did not pay the required fees, nor did they install the required washing pad. Following discussion, Mr. Dolan presented the staff recommendation that the request for a permit be denied at this time, but that Mr. Oblaczinski be allowed to reapply in one year after reviewing his record. Mr. Dolan stressed that it is illegal to dump into manholes or other devices without a permit. Discussion followed concerning the number and locations of portable toilets serviced by Stone Portable Toilets, accounting for the quantity of waste collected, and verifying the manifests against the waste disposal invoices. Member Starita stated that the employment of six people is at stake. The District has the disposal capacity and ability to dispose of this material in a legal fashion. Stone Portable Toilets has been monitored for a year. No hazardous material has been found in the samples. Member Starita recommended that a permit be issued for three months subject to identical testing and sampling being conducted by DDSD. If there is no violation or indication of toxics during the three months, Stone Portable Toilets should be subject to the same conditions as other haulers; if there is a violation, staff can terminate the permit. Following further discussion, it was moved by Member Starita and seconded by Member Rainey, that Stone Portable Toilets be granted a three-month temporary waste hauler permit; that random testing be conducted; that a field audit of account records to verify location and amount of waste hauling be conducted in cooperation with the County Health Department; and that the results be reported back to the Board of Directors. The motion was approved on the following roll call vote: AYES: Members: Starita, Rainey, Clausen, Dalton, Boneysteele NOES: Members: None ABSENT: Members: None At 4:40 p.m., President Boneysteele declared a recess, reconvening at the hour of 4:47 p.m., with all parties present as previously designated. At this time, President Boneysteele reverted to the order of the agenda. 5. HEARINGS a. CONDUCT PUBLIC HEARING AND CONSIDER APPROVAL OF A NEGATIVE DECLARATION AND THE MARTINEZ PUMPING SYSTEM IMPROVEMENT PROJECT Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Russell Leavitt, Planning Assistant, who described the Martinez Pumping System Improvement Project. The project will increase the reliable pumping capacity of the Martinez Pumping System reducing wet weather sewer overflows in the Martinez area. The proposed Negative Declaration finds that the project will have no significant effect on the environment and that no mitigation measures are needed other than those measures already incorporated 03 05 92 48 into the project description. Three letters were received from public agencies and are included with the position paper with the staff responses. At 4:55 p.m., President Boneysteele opened the public hearing to consider a Negative Declaration and the Martinez Pumping System Improvement Project. Receipt of letters was noted from Mr. Richard Pearson, Assistant City Manager/Community Development Director, City of Martinez; Ms. Mary Griggs, Manager, Environmental Review Section, Division of Environmental Planning and Management, State Lands Commission; and Mr. Tom Williams, Staff Civil Engineer, Flood Control Engineering, Contra Costa County Floor Control & Water Conservation District. There being no comments, President Boneysteele closed the public hearing. It was moved by Member Clausen and seconded by Member Rainey, that the Negative Declaration and the Martinez Pumping System Improvement Project be approved. There being no objection, the motion was unanimously approved. 6. BIDS AND AWARDS a. AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO PONTE GENERAL ENGINEERING FOR THE RAISING OF 200 MANHOLES TO GRADE Following explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Starita and seconded by Member Dalton, that award of contract be authorized to Ponte General Engineering as the lowest responsible bidder in the amount of $41,914 for the raising of 200 manholes to proper grade per Bid Request No. G0427C. There being no objection, the motion was unanimously approved. a. 7. SOLID WASTE APPROVE APPORTIONMENT OF EXPENSES FOR CONTRA COSTA SOLID WASTE AUTHORITY OPERATIONS AND AUTHORIZE $17.176 AS THE DISTRICT'S PROPORTIONATE SHARE Mr. Dolan, General Manager-Chief Engineer, stated that the District has been working on this project since the need was identified in the 1980's. Mr. Dolan described the history and background leading to the formation of the Contra Costa Solid Waste Authority. Mr. Paul Morsen, Deputy General Manager, and Ms. Joyce Murphy, Secretary of the District, have been doing a fine job supporting the leaders of the Authority. Ms. Avon Wilson, former Lafayette City Councilmember, has been appointed Interim Executive Director of the Authority. It was moved by Member Rainey and seconded by Member Clausen, that payment of $17,176 be authorized as the District's proportionate share of the cost of operations of the Contra Costa Solid Waste Authority. There being no objection, the motion was unanimously approved. a. 8. ENGINEERING APPROVE AN AGREEMENT WITH THE CITY OF WALNUT CREEK FOR THE SEWER RELOCATION PROJECT AT SOUTH BROADWAY EXTENSION, DP 4826 In response to a question from Member Clausen, Mr. Robert A. Baker, Deputy Chief Engineer, described the allocation of costs among the public agencies involved in the project. It was moved by Member Starita and seconded by Member Dalton, that the agreement with the City of Walnut Creek be approved, and that the President of the Board of Directors and the Secretary of the District be authorized to execute and record said agreement. There being no objection, the motion was unanimously approved. 03 05 92 49 9. TREATMENT PLANT a. BOARD ACCEPTANCE OF THE 1991 SELF-MONITORING REPORT Mr. Dolan, General Manager-Chief Engineer, stated that the position paper contains a summary of the 1991 Self-Monitoring Report showing a good level of compliance. There were some problems with chlorine and coliform. As the Board is aware, staff is working on these problems. It was moved by Member Dalton and seconded by Member Starita, that the 1991 Annual Self-Monitoring Program Report be accepted. There being no objection, the motion was unanimously approved. 10. COLLECTION SYSTEM a. AUTHORIZE THE PURCHASE OF ONE 1992 SEDAN AND AUTHORIZE THE EXPENDITURE OF $6.000 FROM THE 1991-1992 EQUIPMENT BUDGET CONTINGENCY Mr. Dolan, General Manager-Chief Engineer, explained that this vehicle is a replacement for a vehicle rearended by an uninsured driver. It was moved by Member Dalton and seconded by Member Starita, that the purchase of one 1992 sedan be authorized with the expenditure of $6,000 from the 1991-1992 Equipment Budget Contingency. There being no objection, the motion was unanimously approved. 11. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED MARCH 5. 1992 Member Clausen, member of the Budget and Finance Committee, stated that he and Member Starita reviewed the expenditures and found them to be satisfactory. It was moved by Member Clausen and seconded by Member Starita, that the Expenditure List dated March 5, 1992, including Self-Insurance Fund Check Nos. 100583-100585, Running Expense Fund Check Nos. 66131-66443, Sewer Construction Fund Check Nos. 10771-10823, and Payroll Fund Check Nos. 26797-27079, be approved as recommended. There being no objection, the motion was unanimously approved. 12. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 13. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 1 ) The application for a waste hauler permit by Stone Portable Toilets was taken out of order earlier in the agenda. 2) Procedures, format and time for closed sessions and possible changes to the furniture in the caucus room were discussed. It was the consensus of the Board, that a written outline of closed session matters will be used in the future. No change will be made to the caucus room furniture. 3) Mr. Dolan, General Manager-Chief Engineer, reported that the District has been asked to join the Local Chapter of the California Special Districts Association. The cost is $25 per year. This group has an interest in the ad valorem tax diversion issue and other finance, insurance and administrative matters. If the Board has no objection, the District will join. The Board concurred. 03 05 92 50 4) b. c. d. None None None 03 05 Mr. Dolan reported that the Lafayette City Council decided not to approve implementation of automated garbage collection in the City. Mr. Paul Morsen, Deputy General Manager, was at the Lafayette City Council meeting and advised the City Council that rates would go up. A letter will be sent to the City of Lafayette restating their action and the results of that action. 5) Mr. Paul Morsen, Deputy General Manager, reported that Danville, Lafayette, Orinda, and Moraga, the cities/towns for whom the District franchises, have committed their waste streams to the Central Contra Costa Solid Waste Authority proposed transfer facility. President Boneysteele commended Mr. Morsen for his efforts. 6) Mr. Dolan announced that two out-of-state trips are being funded through capital programs. Senior Engineer Lynne Putnam and Plant Engineering Division Manager Bill Brennan will be inspecting ultraviolet disinfection facilities in New Jersey, Wisconsin, and New Hampshire. Ms. Ruth Bennett, Engineering Applications Technician II, will be attending a course on networking of computers in Texas. 7) Mr. Dolan announced that the Regional Water Quality Control Board Executive Officer, Steve Ritchie, has informed the Bay Area Dischargers Association members that he intends to mandate cooperation from NPDES dischargers to support a Regional Water Quality Monitoring Program. Cost estimates for the program range from an initial cost of $1.2 million to a future cost in the range of $10 to $12 million. The District's share of the initial costs could be approximately $200,000. 8) Mr. Dolan announced that next week he will deliver the Inaugural Address to the Swedish Institute of Water Hygiene. The address will cover the recent history and status of water quality regulation in the United States as well as the Water Environment Federation's plans to develop stronger international linkages for information related to water science and technology. COUNSEL FOR THE DISTRICT 1 ) Mr. Kenton L. Aim, Counsel for the District, announced that the Board set a public hearing for March 19, 1992 to amend the District's Source Control Ordinance to conform to Government Code amendments providing for assessment of administrative penalties for violations of the Industrial Pretreatment Program. Further technical changes resulting from an audit of the District's Source Control Ordinance will be made later in the year. SECRETARY OF THE DISTRICT None BOARD MEMBERS 1 ) Member Clausen reported the negotiations between the Central Contra Costa Solid Waste Authority and Acme Landfill Corporation are continuing. 14. ANNOUNCEMENTS 15. CLOSED SESSION 16. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION 92 51 17. ADJOURNMENT There being no further business to come before the Board, President Boneysteele adjourned the meeting at the hour of 5:59 p.m. President of the Board of Directors, Central Contra Costa Sanitary Dis Ict, County of Contra Costa, State of California COUNTERSIGNED: 03 05 92 ---------------------