HomeMy WebLinkAboutBOARD MINUTES 07-02-92
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MINUTES OF THE REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD ON JULY 2, 1992
The District Board of the Central Contra Costa Sanitary District convened in a regular
session, at its regular place of meeting, 501 9 Imhoff Place, Martinez, County of Contra
Costa, State of California, at 3 p.m. on July 2, 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 ENVIRONMENTAL ACHIEVEMENT AWARDS TO LESHER
COMMUNICATIONS. D. C. ENTERPRISES. ACTION PHOTO. ALLIED RADIATOR.
AND INDIA RESTAURANT
President Boneysteele stated that the District receives awards from time to time, but it
is rather unusual for the District to present awards. President Boneysteele stated that he
spoke with the recipients before the meeting and they told him of their efforts to comply
with the District requirements to protect the environment. Press releases have been
prepared and there was an article in the Contra Costa Times this morning which outlined
the efforts made by each of the recipients. President Boneysteele stated that meeting
water pollution prevention standards is a real challenge. Those that demonstrate their
commitment to protecting the environment by readily and courteously complying should
be heartily commended. For some of them, it is no small feat.
Mr. Roger J. Dolan, General Manager-Chief Engineer, introduced Mr. Bart Brandenburg,
Associate Engineer, who stated that District staff has proposed the annual Environmental
Achievement Awards Program to recognize businesses and industries that have done an
outstanding job in complying with the District's wastewater discharge regulations. For
the 1 991-1992 fiscal year, five businesses have been selected to receive these awards.
Mr. Brandenburg stated that Lesher Communications was selected because they have
reduced silver discharge from their processes by as much as 98 percent. The recovered
silver is now being recycled rather than discharged into the sanitary sewer system.
Lesher Communications is the only newspaper publishing company in California that has
taken such measures to reduce the levels of pollutants in their process wastewater. In
addition, Lesher Communications has produced a video on waste minimization for the
newspaper publishing industry. President Boneysteele presented the Environmental
Achievement Award to Mr. Jeff Hodgkinson, Environmental and Safety Manager of Lesher
Communications, and congratulated Mr. Hodgkinson on the efforts made by Lesher
Communications in responding to these environmental and regulatory challenges.
Mr. Brandenburg stated that D. C. Enterprises, a one-man business that chrome plates
airplane parts, was selected to receive the Environmental Achievement Award because
it was exceedingly proactive in installing wastewater pretreatment equipment and
implementing processes that enable it to meet the strict federal and District standards
applicable to that particular industry. Rather than wait for notification from the District,
D. C. Enterprises took the initiative. President Boneysteele presented the Environmental
Achievement Award to Mr. Dan Clary, innovator and owner of D. C. Enterprises, and
thanked Mr. Clary for his initiative and cooperation.
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Mr. Brandenburg reported that Action Photo, the largest photo processing lab in Contra
Costa County, was chosen for recognition because it willingly took the necessary steps
to implement wastewater pretreatment and waste minimization technology. Action Photo
has invested over $55,000 in pollution prevention efforts allowing recovery of
significantly more of the silver content from its developer waste, reduction of its bleach
waste by 85 percent and its fixer waste by 75 percent, and treatment and recycling of
its wash water reducing its water use by 25 percent. President Boneysteele presented
the Environmental Achievement Award to Mr. Don Samuel and commended him for the
steps taken by Action Photo to meet pretreatment requirements.
Mr. Brandenburg stated that Allied Radiator, a radiator and auto repair facility in Walnut
Creek, has designed, constructed and installed a zero discharge system. Allied Radiator
hopes to market this system to other radiator shops throughout the state. Allied Radiator
is an outstanding example of a clean, well managed automotive repair facility that has
incorporated the best technology to achieve water conservation, recycling and waste
minimization techniques in its business practices. President Boneysteele commended Mr.
Richard Wolf, co-owner of Allied Radiator, for his company's significant efforts in meeting
environmental challenges and presented Mr. Wolf with the Environmental Achievement
Award.
Mr. Brandenburg stated that India Restaurant in Pleasant Hill was selected to receive the
Environmental Achievement Award because it willingly took the necessary steps to
implement wastewater pretreatment technology in spite of the difficult plumbing
modifications it required. Through no fault of its own, the restaurant had been allowed
to open without a review by a District wastewater pretreatment inspector. Consequently,
it lacked the required grease removal devices. The India Restaurant took immediate action
to secure the required permits and install a grease trap two weeks ahead of the
compliance schedule established by the District. President Boneysteele presented Mr.
Chetan Singh Heyer, the owner of the India Restaurant, with the Environmental
Achievement Award and commended him for Quickly and courteously complying with the
pretreatment requirements.
Mr. Brandenburg introduced Source Control Inspectors Fernando Lomas, Roberta Peterson
and Tim Potter who participated in the development of the Environmental Achievement
Award Program and selection of the recipients.
4. CONSENT CALENDAR
Following discussion of the Treatment Plant Landscape Phase II Project, and enforcement
of and possible revision to the provisions of the proposed Source Control Ordinance, it
was moved by Member Starita and seconded by Member Dalton, that the Consent
Calendar, consisting of Items a. through e., be approved as recommended, resolutions
adopted as appropriate and recordings duly authorized.
a.
The Agreement Relating to Real Property with Bay View Federal Bank, Job
1590, was approved, the President of the Board of Directors and the
Secretary of the District were authorized to execute and record said
agreement, and Resolution No. 92-041 was adopted to that effect.
Motion unanimously approved on the following vote:
AYES: Members: Starita, Dalton, Clausen, Rainey, Boneysteele
NOES: Members: None
ABSENT: Members: None
b.
The contract work for the Treatment Plant Landscape Phase II Project (DP
10079) was accepted and the filing of the Notice of Completion was
authorized.
Motion unanimously approved on the following vote:
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AYES: Members: Starita, Dalton, Clausen, Rainey, Boneysteele
NOES: Members: None
ABSENT: Members: None
c.
The renewal of the Deferred Compensation Plan agreement for full-time
employees was authorized with Great Western Bank effective July 1, 1992.
Motion unanimously approved on the following vote:
AYES: Members: Starita, Dalton, Clausen, Rainey, Boneysteele
NOES: Members: None
ABSENT: Members: None
d.
July 16, 1992 was established as the date for the public hearing on the
proposed Source Control Ordinance and District staff was authorized to
publish the Notice of Public Hearing.
Motion unanimously approved on the following vote:
AYES: Members: Starita, Dalton, Clausen, Rainey, Boneysteele
NOES: Members: None
ABSENT: Members: None
e.
The attendance of Ms. Lynne Putnam, Senior Engineer for the Planning
Division, was authorized at the September 21-24, 1992 Water Environment
Federation Conference in New Orleans at a cost not to exceed $1,450.
Motion unanimously approved on the following vote:
AYES: Members: Starita, Dalton, Clausen, Rainey, Boneysteele
NOES: Members: None
ABSENT: Members: None
5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
None
6. BIDS AND AWARDS
a.
AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO PACIFIC
MECHANICAL CORPORATION FOR THE CLYDE. FAIRVIEW. AND MALTBY
PUMPING STATIONS IMPROVEMENTS PROJECT (DP 4682)
Mr. Dolan, General Manager-Chief Engineer, stated that the bidding climate is especially
favorable now as is apparent from the tight cluster of bids. As noted in the position paper
one minor irregularity was noted in a majority of the bids. Bidders were instructed to
include a bid amount for project scheduling at a minimum of $30,000 and a maximum of
$60,000 for this item. Five of the seven bidders, including the low bidder, failed to
include an amount within that range. Because the mistake in the bid was so widespread
and encompassed the four lowest bidders, staff feels that the instructions were unclear,
but that the bidders were not prejudiced and the variance is, therefore, non-material.
Staff would recommend award of the construction contract to Pacific Mechanical, the
lowest responsible bidder.
Following discussion, it was moved by Member Clausen and seconded by Member Rainey,
that the Board finds that the discrepancy in the bid of Pacific Mechanical Corporation
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represents a non-material variance and considers this bid as responsive; and that award
of a construction contract in the amount of $1,243,000 for construction of the Clyde,
Fairview, and Maltby Pumping Stations Improvement Project, DP 4682, be authorized to
Pacific Mechanical Corporation as the lowest responsible bidder. Motion unanimously
approved on the following roll call vote:
AYES:
Members:
Clausen, Rainey, Dalton, Starita, Boneysteele
NOES:
Members:
None
ABSENT:
Members:
None
7. PERSONNEL
a.
DENY APPEAL OF GRIEVANCE BY UNION ON BEHALF OF DENNIS ALMOND AND
FRANK SHEA. MAINTENANCE CREW MEMBER II'S. AND JAMES BOYD. RETIRED
MAINTENANCE CREW MEMBER II. IN ACCORDANCE WITH ARBITRATOR'S
DECISION
Following discussion of the status of the retired employee's relationship to this action, it
was moved by Member Rainey and seconded by Member Starita, that the grievance of
the union on behalf of Maintenance Crew Member II's Dennis Almond and Frank Shea and
retired Maintenance Crew Member II James Boyd be denied and dismissed in accordance
with the Arbitrator's recommendation as the final action of the District. Motion
unanimously approved on the following roll call vote:
AYES:
Members:
Rainey, Starita, Clausen, Dalton, Boneysteele
NOES:
Members:
None
ABSENT:
Members:
None
a.
8. CORRESPONDENCE
NOTE RECEIPT OF LETTER FROM MR. JAMES E. LANDA. CONTROLLER OF
VALLEY WASTE MANAGEMENT. REQUESTING THAT CONDITIONS OF THE
SOLID WASTE FRANCHISE AGREEMENT RELATING TO SECURING LONG-TERM
DISPOSAL CAPACITY BE EXTENDED TO JULY 1. 1993
Mr. Dolan, General Manager-Chief Engineer, stated that this issue grows out of the
franchise agreement which required that within five years each franchisee was to provide
long-term disposal capacity. None of the franchisees were able to comply and the date
for compliance was extended. Because of recent court decisions impacting export of
solid waste, staff would suggest that the deadline be extended to January 1, 1993 rather
than July 1, 1993 as requested by Valley Waste Management.
Following discussion, the Board noted receipt of the letter from Mr. James E. Landa,
Controller of Valley Waste Management, requesting that conditions of the solid waste
franchise agreement relating to securing long-term disposal capacity be extended to July
1, 1 993. It was the consensus of the Board that staff be directed to respond that the
Board considered the request and elected to extend the requirement for securing long-
term disposal capacity to January 1, 1993, rather than July 1, 1993.
9. APPROVAL OF MINUTES
MINUTES OF JUNE 18. 1992
a.
It was moved by Member Starita and seconded by Member Clausen, that the minutes of
June 18, 1992, be approved as presented. There being no objection, the motion was
approved with Member Rainey abstaining because she was not present at the meeting of
June 18, 1992.
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10. APPROVAL OF EXPENDITURES
EXPENDITURE LIST DATED JULY 2. 1992
Member Starita, member of the Budget and Finance Committee, stated that he and
President Boneysteele reviewed the expenditures and found them to be satisfactory.
It was moved by Member Starita and seconded by President Boneysteele, that the
Expenditure List dated July 2, 1992, including Self-Insurance Fund Check Nos. 100611-
100615, Running Expense Fund Check Nos. 68664-68965, Sewer Construction Fund
Check Nos. 11215-11269, and Payroll Fund Check Nos. 27942-28352, be approved as
recommended. There being no objection, the motion was unanimously approved.
None
a.
11. EMERGENCY SITUATIONS REQUIRING BOARD ACTION
12. REPORTS
GENERAL MANAGER-CHIEF ENGINEER
1 )
Mr. Dolan, General Manager-Chief Engineer, stated that during the annual
refuse collection rate adjustment, the Board denied the franchisees'
requests to recover disposal costs based on the estimated Keller Canyon
Landfill rates, ruling instead that a mid-year rate adjustment could be
considered after the Keller Canyon Landfill rates were set. The Board of
Supervisors has set interim rates for the Keller Canyon Landfill. It is
anticipated that final rates will be set in August 1992. The District has the
option to wait until the Board of Supervisors sets the final rates or it could
set the rates now to reimburse the franchisees for disposal costs they have
been paying since May 1992. The more time that goes by, the higher the
rate increase must be. Requests for rate adjustments have been received
from Valley Waste Management and Orinda-Moraga Disposal Service, Inc.
The franchisees have agreed to one rate adjustment, carrying any difference
over into the 1993 rate-setting process through the use of the balancing
account. Staff would recommend that the Board set a public hearing for
July 16, 1992, to consider a refuse collection rate adjustment effective July
1, 1992.
Discussion followed concerning possible alternatives to Acme Transfer
Station and Keller Canyon Landfill. Staff was directed to send a letter to
Contra Costa County immediately requesting a breakdown of the disposal
charges at the Acme Transfer Station and the Keller Canyon Landfill and
information on the Browning Ferris, Inc. rate application under the Freedom
of Information Act. Mr. Kenton L. Aim, Counsel for the District, indicated
that he would make the request.
The Board directed that a public hearing be set on July 16, 1992, to
consider mid-year refuse collection rate adjustments.
2)
Mr. Dolan, General Manager-Chief Engineer, stated that it was suggested
by President Boneysteele that there would be some advantage to extending
the maturities on District investments to five years. Another Question was
raised with regard to the security of the District's Local Agency Investment
Fund (LAIF) account. The District currently has $15 million invested in the
LAIF account. Mr. Dolan stated that, after anaysis of this issue, staff would
recommend that the investment in the LAIF be reduced from $15 million to
$5 million and that the funds be reinvested in Federal instruments with
maturities up to five years. There would be very little cost penalty
associated with such a move, but there would be a loss in liquidity.
Mr. Kenton L. Aim, Counsel for the District, stated that he reviewed
Government Code Section 16429.3 with regard to the District's LAIF
account as directed by the Board at the last meeting. The LAIF account
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b.
cannot be seized or impounded by any state agency or official. From a
theoretical standpoint, however, there is a possibility that the Governor
could borrow against those funds.
Following discussion, the Board supported the staff plan that the District's
LAIF account be reduced by $10 million and that the funds be reinvested
in a mixture of federal instruments with up to five year maturities, matching
the maturities with the anticipated need for capital funds.
3)
Mr. Dolan stated that recently Member Clausen suggested that the District
may wish to consider a Sewer Service Charge rate adjustment in 1 992 in
the likely event that the District loses the $8.6 million ad valorem tax
revenue. Staff would recommend that a hearing be held early in 1993 to
set the 1993-1994 Sewer Service Charge after the actions of the state are
known. This would allow the District to provide its ratepayers as much
notice as possible in an effort to mitigate the impact of the rate adjustment.
If the Board wishes to proceed with a rate adjustment in 1992, there is a
narrow window of opportunity in which to adjust the rates and still allow
for collection on the County tax roll.
Following discussion, it was moved by Member Clausen and seconded by
Member Dalton, that a public hearing be set for 9 a.m. on Monday, July 20,
1992, if necessary, to consider adjusting the Sewer Service Charge to
recover the loss of ad valorem tax revenue. There being no objection, the
motion was unanimously approved.
4)
Mr. Dolan, General Manager-Chief Engineer, stated that the subject of the
proposed Orinda Gateway Water Reclamation Project came up at the June
25, 1992 Sanitation and Water Agencies meeting. This matter was last
before the Board of Directors on August 15, 1991. At that time the District
had received a letter from Mr. Clyde Vaughn, Co-Chair of Save Open Space
- Gateway Valley. Staff has met with Mr. Vaughn on more than one
occasion since that time. The developer of the Gateway Project has
proposed a water reclamation project of approximately 1 MGD. In August
1991 , the consensus of the Board was not to become involved in this land
use issue although the District policy continued to be supportive of water
reclamation. District staff recently attended an Orinda Planning Commission
meeting on this matter. District staff stated the District position that:
a)
All planning decisions must be made by the responsible jurisdictions.
b)
Central Contra Costa Sanitary District and Local Agency Formation
Commission must approve annexation of the area to the District
before the District can take any action relative to the Gateway
proposal.
c)
No designs currently exist. Any design work would be done at the
developer's expense under the District's review and approval
authority.
d)
District staff's current understanding of the proposal that raw water
would come from the Crossroads pumping station appears to be
feasible.
Mr. Robert A. Baker, Deputy Chief Engineer, stated that the Environmental
Impact Report for the proposed project has gone through the comment
period. The approval process is now beginning.
President Boneysteele thanked staff for the report.
COUNSEL FOR THE DISTRICT
1 )
The report on Government Code Section 16429.3 with regard to the
District's Local Investment Agency Fund account was taken out of order
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earlier in the agenda in conjunction with the report by the General Manager-
Chief Engineer on the same subject.
2)
Mr. Kenton L. Aim, Counsel for the District, discussed pending negotiations
with Contra Costa County concerning a Memorandum of Understanding
(MOU) for solid waste franchising in the unincorporated areas. Following
discussion and absent further direction from the Board, it was agreed that
pursuant to previous direction from the Board, staff would communicate
with the Pacheco Town Council concerning the possible assignment of the
Pleasant Hill Bay Shore Disposal franchise agreement to Contra Costa
County.
SECRETARY OF THE DISTRICT
1 )
Ms. Joyce E. Murphy, Secretary of the District, distributed the brochure
prepared by the District's graphics section encouraging participation in the
Valley Waste Management commercial recycling program.
BOARD MEMBERS
1 )
Member Clausen reported that the Central Contra Costa Solid Waste
Authority met on June 25, 1992.
2)
Member Rainey reported that the Contra Costa Solid Waste Authority met
on July 1, 1992. The main topic of discussion was the County's proposed
Household Hazardous Waste Mobile Collection Program. Member Rainey
expressed concern that it appears that the cities, particularly those starting
Household Hazardous Waste Collection Programs, favor the County
collecting only toxics and not recyclable household hazardous wastes.
3)
Member Clausen reported that the Solid Waste Export Committee met on
June 24, 1992 to discuss renewing or keeping the Solano County disposal
option viable. The Committee agreed that the Solano County option should
be maintained and used as long as it is cheaper than Keller Canyon Landfill.
4)
There was no report on the Fiscal Unity Committee.
5)
Following discussion, President Boneysteele appointed Member Dalton to
replace Member Clausen on the Budget and Finance Committee.
13. ANNOUNCEMENTS
14. CLOSED SESSION
EXISTING LITIGATION
The closed session was held to discuss existing litigation pursuant to Government Code
Section 54956.9(a). The title of the litigation was County of Contra Costa, et al versus
City of Pleasant Hill Redevelopment Agency, No. C90-05553.
At 5:07 p.m., President Boneysteele declared the closed session to discuss litigation
pursuant to Government Code Section 54956.9(a). At 5:22 p.m., President Boneysteele
concluded the closed session and reconvened the meeting into open session.
None
1 5. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION
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16. ADJOURNMENT
There being no further business to come before the Board, President Boneysteele
adjourned the meeting at the hour of 5:22 p.m.
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
ec e ry of the Central Con ra
ta Sanitary District, County of
Contra Costa, State of California
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