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HomeMy WebLinkAboutBOARD MINUTES 06-13-91 93 MINUTES OF THE ADJOURNED REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JUNE 13, 1991 The District Board of the Central Contra Costa Sanitary District convened in an Adjourned Regular Meeting at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 3:00 p.m. on June 13, 1991. President Clausen called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Boneysteele, Dalton, Carlson, Rainey, Clausen ABSENT: Members: None 2. PUBLIC COMMENTS Former Senator John Nejedley addressed the Board on behalf of the Concerned Citizens for Improved Quality Water (CCIQW), stating that the principal concern of CCIQW is water quality in the Delta. Mr. Nejedley requested that staff make a report on the Tri-Valley Wastewater Authority proposal at the next CCIQW meeting scheduled for the end of July. Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that a staff person will attend the meeting and make a presentation and asked that CCIQW advise us of the date of the meeting. Mr. Nejedley indicated that he would. Former Senator Nejedley stated further that the East Bay Conservation Corps is in difficult circumstances because of a shortage of funding. Mr. Nejedley requested an opportunity to meet with District staff concerning the services offered by East Bay Conservation Corps. Mr. Dolan agreed. Mr. Joseph Starita, a candidate for the Board of Directors in the 1988 election, requested that he be given consideration for appointment to Member Carlson's seat on the Board of Directors when it becomes vacant. President Clausen thanked Mr. Starita for his interest and indicated that the timing and process for appointment to fill the remainder of Member Carlson's term will be discussed later in the agenda. 3. AWARDS AND COMMENDATIONS a. RECEIVE ASSOCIATION OF METROPOLITAN SEWERAGE AGENCIES AWARD RECOGNIZING THE DISTRICT FOR ITS SIGNIFICANT LEVEL OF NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT COMPLIANCE DURING 1990 Mr. Dolan, General Manager-Chief Engineer, stated that the Association of Metropolitan Sewerage Agencies (AMSA) is an organization of the largest municipal sewerage utilities in the nation. Each year the AMSA Golden Award is available for those agencies who have had virtually no violations of any type. Central Contra Costa Sanitary District has had some minor chlorine residual violations, and we currently have a project underway to remedy that situation. In recognition of the District's significant level of compliance of our National Pollutant Discharge Elimination System (NPDES) Permit, we have received the Silver Award for 1990. President Clausen presented the 1990 AMSA .Silver Award to Mr. William Brennan, Plant Operations Division Manager, and commended all the Plant Operations Department employees for their efforts which resulted in this award. 4. HEARINGS a. CONTINUE THE PROCESS TO ESTABLISH CAMINO AMIGO LOCAL IMPROVEMENT DISTRICT 58 (LID 58); OPEN AND CONTINUE THE PUBLIC HEARING TO THE BOARD MEETING SCHEDULED FOR JULY 18, 1991: REJECT ALL BIDS FOR THE CAMINO AMIGO SEWER PROJECT. DP 4800 .0'6.1,3 :. " ; 4 911 , . 94 At 3:12 p.m., President Clausen opened the public hearing on Camino Amigo Local Improvement District 58 (LID 58). Mr. Dolan, General Manager-Chief Engineer, stated that when this hearing was set, it was intended that the Board would receive public testimony regarding the resolution of intention and the engineer's report for LID 58. The budget for LID 58 is rather tight. Fourteen bids were received, the lowest of which was more than $10,000 over the estimate of the cost of the construction work contained in the Engineer's Report. In addition, there were a number of irregularities in the bids. Mr. Dolan briefly reviewed the irregularities with regard to the two lowest bidders as set forth in the position paper. When Mr. Jay McCoy, Construction Division Manager, reviewed the design of the LID 58 pipeline which was prepared by a consultant engineer, he identified a way to save money by raising the elevation of the pipeline. For the composite reason of redesign for the cost savings advantage, the high bids received, and the irregularities in the first and second low bids, it is recommended that the Board reject all bids and continue the public hearing to July 18, 1991. President Clausen noted receipt of a letter dated June 11, 1991, from the, third low bidder, Mountain Cascade, Inc. Member Boneysteele requested more specific information with regard to the bid of the second low bidder, D. W. Young Construction Company. Mr. McCoy displayed a copy of the D. W. Young Construction Company proposal form, Section 2, Schedule of Bid, and explained that on Bid Item No.6, a figure of $1400 was shown as the unit price for installing laterals. When that unit price is multiplied by the number of laterals, the total that results is different from the total shown on D. W. Young Construction Company's proposal. Because of this arithmetical error, the extension of the grand total of all of the items, which was D. W. Young Construction Company's bid, was incorrect as well. ' Following discussion of the letter from Mountain Cascade, Inc., it was moved by Member Carlson and seconded by Member Dalton, that the public hearing be continued to July 18, 1991; that Resolution No. 91-031, Resolution Continuing Hearing and Consideration of All Matters, be adopted; and that Resolution No. 91-032, Resolution Rejecting All Construction Bids and Calling for New Construction Bids, be adopted. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Carlson, Dalton, Boneysteele, Rainey, Clausen None None b. CONDUCT PUBLIC HEARINGS TO RECEIVE PUBLIC COMMENT ON THE 1991-1992 OPERATIONS AND MAINTENANCE BUDGET AND THE SELF-INSURANCE FUND BUDGET AND THE ESTABLISHMENT OF THE 1991-1992 SEWER SERVICE CHARGE RATES, AND ON PLACING CURRENT AND DELINQUENT SEWER SERVICE CHARGES ON THE COUNTY TAX ROLL FOR COLLECTION President Clausen indicated that a public hearing will be conducted to consider approval of the 1991-1 992 Operations and Maintenance (O&M) Budget and Self-Insurance Fund Budget and establishment of the 1991-1992 Sewer Service Charge rates, on collection of the 1991-1992 Sewer Service Charges on the County tax roll, and on collection of the delinquent 1990-1991 Sewer Service Charge on the County tax roll. Mr. Dolan, General Manager-Chief Engineer, stated that this was discussed with the Board Budget and Finance Committee in substantial detail and it was discussed and presented to the full Board at the last Board Meeting. At that time the Board expressed a special concern and interest in the subject of the annual report. Mr. Walter Funasaki, Finance Officer, will present the budget information. Following Mr. Funasaki's presentation, Mr. Paul Morsen, Deputy General Manager, will give an overview of the District's public information program focusing on the annual report. Mr. Dolan introduced Mr. Funasaki who reviewed the budgeted revenues, expenditures, and reserves as detailed in the budget document previously distributed to the Board. Mr. Funasaki reported that in the fiscal year 1984-1985, the District received a substantial claim settlement '0'. '6'~ ;~'Þl;3 >"";':'9' ".'\1 ., "; ,~ ,$ 95 which increased reserves significantly. Since that time, the reserves of the District have been steadily decreased by a series of deficit budgets, to a targeted prudent reserve level. The Sewer Service Charge rate was lowered from $129 to $124 and then to $116 where it was maintained for three years before the Sewer Service Charge rate was gradually increased first to $1 24 and then to the current $136 level. As a result, the reserves are projected to be $1,955,000 which is slightly less than the 10 percent prudent reserve level. ,For the 1991- 1992 fiscal year, it is necessary to budget on a balanced budget concept. Therefore, a Sewer Service Charge rate of $150 has been used. This is a $14 or 10.3 percent increase over the current Sewer Service Charge rate. Mr. Funasaki reviewed the 1990-1991 projected total revenues and expenses compared to budget, noting that the projected deficit of $826,000 is $68,000 less than the budgeted deficit. Mr. Funasaki presented a comparison of the 1991-1992 budgeted revenues and expenses compared to 1 990-1991 budgeted revenues and expenses. At the last Board Meeting, the Board was advised by each of the Department Managers of expense increases related to new p~ograms. Mr. Funasaki briefly summarized the departmental new program increases and presented a comparison of budgeted employee benefits this year to last year. Mr. Dolan stated that the Union has not ratified the agreement on which this budget is based. Mr. Dolan briefly described the proposed salary and benefit package. In response to a question from Member Boneysteele, Mr. Dolan stated that an actuarial rate of 8.25 percent was used by the County Retirement Board. Mr. Funasaki presented a comparison of annual Sewer Service Charge rates with nearby agencies, and reviewed alternative Sewer Service Charge rates for the 1 991-1992 fiscal year, and the impact of those rates on the prudent reserve level. Mr. Dolan distributed a copy of a memorandum from Mr. Mike Dillon of the California Association of Sanitation Agencies, reporting that the Governor's budget has proposed a Waste Discharge Permit Fee increase to augment the regulatory program for monitoring the efforts of those who discharge treated wastewater in California's waters. In spite of efforts to modify the proposal, the general feeling is that it will be approved roughly as proposed. The cost to the District would be approximately $425,000 or $3 per customer. Mr. Dolan recommended that the Sewer Service Charge be incremented by an additional $3 to cover this cost. Mr. Funasaki reviewed the Self-Insurance Fund projected revenues, expenses, and reserves for 1990-1 991 and the proposed Self-Insurance Fund Budget for 1991-1992.. At the end of the 1990-1991 fiscal year, the Self-Insurance Fund reserves are budgeted to be slightly more than $6 million, the target established by Warren, McVey & Griffith, the consultants who assisted in establishing the Self-Insurance Fund. Mr. Paul Morsen, Deputy General Manager, described the District's overall public information program designed to communicate with various audiences on such issues as public health, environmental protection, residential and commercial recycling, household hazardous waste, and the responsible fiscal management of the District. Mr. Morsen distributed and described the format of the various materials used by the District in communicating with our audiences including tour brochures, press releases, solid waste informational brochures, recruiting materials, and annual reports. In summary, Mr. Morsen stated that the annual report is the only printed communication in the District that addresses all audiences, explains the services of the District, and defines the financial condition of the District. In response to a question from Member Rainey, Mr. Morsen stated that money could be saved by using the annual report in place of one of the solid waste mailings. However, to comply with state law, the format with regard to the Board, of Directors would have to be changed. Board names and pictures couldn't be included. A cover letter from the President of the Board of Directors could be used for mailings to certain audiences. Members Clausen and Rainey agreed that the annual report is a legitimate expense of the District, but indicated that the costs for producing the annual report should be kept under control. At 4: 18 p.m., President Clausen opened the public hearing to receive public testimony on the 1991-1992 Operations and Maintenance Budget and Self-Insurance Fund Budget and establishment of the 1991-1992 Sewer Service Charge rates, .on collection of the 1991-1992 Sewer Service Charges on the County tax roll, and on collection of the delinquent 1990-1991 Sewer Service Charge on the County tax roll. There being no comments, President Clausen closed the public hearing and returned the matter to the Board for deliberation. 06" ":.'3: 1:, 9,; ,I!' 96 Discussion followed concerning tax collection delinquencies facing the County, the property tax administrative fees established by SB 2557, rental lease revenues, the accuracy of the Sewer Service Charge revenue projections, and the proposed increase in Waste Discharge Permit fees. Following discussion, it was moved by Member Dalton and seconded by Member Carlson, that the 1 991-1992 Operations and Maintenance Budget be approved. Motion approved on the following roll call vote: AYES: Members: Dalton, Carlson, Boneysteele, Rainey NOES: Members: Clausen ABSENT: Members: None Member Boneysteele stated that in voting yes he did not concur with the proposed annual report, but he did not wish to defeat the entire budget and four affirmative votes were required for its adoption. It was moved by Member Dalton and seconded by Member Carlson, that the 1991-1992 Self- Insurance Fund Budget be approved. Motion unanimously approved on the following roll call vote: AYES: Members: Dalton, Carlson, Boneysteele, Rainey, Cla.usen NOES: Members: None ABSENT: Members: None It was moved by Member Dalton and seconded by Member Boneysteele, that the 1991-1992 Sewer Service Charge be set at $1 53 and the Sewer Service Charge Rate Schedule be established accordingly. Motion failed to pass on the following roll call vote: AYES: Members: Dalton, Boneysteele NOES: Members: Carlson, Rainey, Clausen ABSENT: Members: None Mr. Dolan stated that based on what we now know, a Sewer Service Charge rate of $157 would be required to achieve a ten percent reserve level in one year. Member Carlson stated that he would prefer to address the possible fee increase with reserves rather than building it into a line item in this year's budget. It appears that there may be more of these fees and costs facing the District in the future. The purpose of the reserve is to deal with these uncertainties. It was moved by Member Carlson and seconded by Member Boneysteele, that the 1991-1992 Sewer Service Charge be set at $152 and the Sewer Service Charge Rate Schedule be established accordingly. Member Rainey expressed concern with increasing reserves at a time when other governmental agencies are cutting back. Member Rainey stated that if additional fees are levied, there is adequate reserve to cover those fees. There being no further comments, President Clausen ,called for a roll call vote on the above motion to set the Sewer Service Charge at $152 and establish the Sewer Service Charge Rate Schedule accordingly. Motion failed to pass on the following roll call vote: AYES: Members: Carlson, Boneysteele, Dalton NOES: Members: Rainey, Clausen ABSENT: Members: None 06. 1~3 9:¡~~.. 97 It was moved by Member Rainey arid seconded by Member Boneysteele, that the 1991-1992 Sewer Service Charge be set at $151 and the Sewer Service Charge Rate Schedule be established as set forth in Ordinance No. 177. Motion approved on the following roll call vote: AYES: Members: Rainey, Boneysteele, Dalton, Carlson NOES: Members: Clausen ABSENT: Members: None President Clausen stated that he voted no because he does not believe that expenses have been cut enough. It was moved by Member Rainey and seconded by Member Carlson, that collection of the 1991-1992 Sewer Service Charges on the County tax roll be authorized and Resolution No. 91- 033 be adopted to that effect; and that the Delinquent Sewer Service Charge Account Report dated June 1991 be adopted pursuant to Section 5473 of the Health and Safety Code, that collection of that delinquent Sewer Service Charge on the County tax roll be authorized, and that Resolution No. 91-034 be adopted to that effect. Motion unanimously approved on the following roll call vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Carlson, Boneysteele, Dalton, Clausen None None 5. BIDS AND AWARDS a. GRANT RELIEF OF BID REQUEST FROM GATEWAY LANDSCAPE CONSTRUCTION, INC. AND AUTHORIZE AWARD OF CONTRACT TO MORI HA TSUSHI AND ASSOCIATES FOR TREATMENT PLANT LANDSCAPE PROJECT, PHASE II, DP 10079 Mr. Dolan, General Manager-Chief Engineer, stated that the bids received were fairly tightly clustered. The apparent low bidder, Gateway Landscape Construction, Inc., has indicated there was a transposition error in their bid. Since there was a clerical error, they have requested relief of bid. District staff has reviewed and confirmed that a clerical error was made and would recommend authorization to award the contract to Mori Hatsushi and Associates. It was moved by Member Dalton and seconded by Member Carlson, that relief of bid request be granted from Gateway Landscape Construction, Inc., including return of bid bond; and that award of the contract in the amount of $195,000 for construction of the Treatment Plant Landscape Project Phase II, DP 10079, be authorized to Mori Hatsushi and Associates as the lowest responsible bidder. Following discussion of the use of reclaimed water in the project, the motion was unanimously approved. 6. CONSENT CALENDAR It was moved by Member Rainey and seconded by Member Dalton, that the Consent Calendar, consisting of Items a. through g., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution No. 91-035 accepting an easement at no cost to the District from City of Martinez, Martinez area, Job 4429 - Parcel 1, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: Rainey, Dalton, Boneysteele, Carlson, Clausen NOES: Members: None ABSENT: Members: None 06 13 91 'r . " :, 98 b. Resolution No. 91-036 accepting work and offers of dedication from Ron P. Elvidge, Job 4774 - Parcell, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Dalton, Boneysteele, Carlson, Clausen None None c. Authorization was given for P .A. 91-5 (Danville) to be included in a future formal annexation to the District. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Dalton, Boneysteele, Carlson, Clausen None None Resolution No. 91-037 was adopted concurring with and adopting the Negative Declaration of Local Agency Formation Commission (LAFCO), certifying that the Board has reviewed and considered the Negative Declaration, ordering the filing of a Notice of Determination as a Responsible Agency stating that the District considered the Negative Declaration as prepared by LAFCO as required, and ordering the completion of District Annexation No. 119. d. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Dalton, Boneysteele, Carlson, Clausen None None The Consent to Common Use Agreement with the City of Walnut Creek for soundwall construction within the District's easement at the former Southern Pacific right-of-way was approved, the President of the Board of Directors and the Secretary of the District were authorized to execute said agreement, the recording of said agreement was authorized, and Resolution No. 91-038 was adopted to that effect. e. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Dalton, Boneysteele, Carlson, Clausen None None f. The contract work for the District Vehicle Parking Project (DP 20062) was accepted and the filing of the Notice of Completion was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: \ -- .' -, ~ ' .. . '. 1 Oß 1 3 9 Rainey, Dalton, Boneysteele, Carlson, Clausen None None 99 g. A Leave of Absence Without Pay was authorized for Jacqueline Zayac, Planning Assistant, from July 5, 1991, through August 29, 1991. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Dalton, Boneysteele, Carlson, Clausen None None CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 7. SOLID WASTE a. ADOPT RESOLUTION AUTHORIZING CENTRAL CONTRA COSTA SANITARY DISTRICT TO ENTER INTO A JOINT POWERS AUTHORITY (JPA) WITH CONTRA COSTA CITIES. THE COUNTY, AND OTHER FRANCHISING SANITARY DISTRICTS IN THE COUNTY Mr. Paul Morsen, Deputy General Manager, stated that 12 cities and sanitary districts have joined the Joint Powers Authority to date. The matter is calendared for consideration by 13 other agencies. Mr. Dolan, General Manager-Chief Engineer, commended Messrs. Morsen and Aim for their efforts in developing the JPA and assisting in its formation.' . It was moved by Member Rainey and seconded by President Clausen, that Resolution No. 91- 039 be adopted, authorizing membership of Central Contra Costa Sanitary District in the Contra Costa Solid Waste Authority. Motion unanimously approved on the following roll call vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Clausen, Boneysteele, Dalton, Carlson None None It was moved by Member Boneysteele and seconded by Member Carlson, that Member Rainey be appointed as the member and President Clausen be appointed as alternate member to represent the District on the Contra Costa Solid Waste Authority. There being no objection, the motion was unanimously approved. 8. COLLECTION SYSTEM a. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH MILLER PIPELINE INC. TO REPLACE 3,126 FEET OF SMALL DIAMETER SEWER. PIPE USING THE XPANDIT PROCESS WITH A COST CEILING OF $299,237 Mr. Dolan, General Manager-Chief Engineer, stated that in the recent past, District staff embarked on an effort to identify and test trenchless construction technologies to improve the way in which we deal with the many pipes in easements throughout the District that are very expensive and difficult to maintain by surface technologies. The Xpandit process is one of the few remaining technologies staff plans to demonstrate using the sole source exemption. The information gained in the demonstration will be used in bidding future projects. It was moved by Member Carlson and seconded by Member Dalton, that Resolution No. 91-040 be adopted, making the finding that the Xpandit technology is designated by trade name in the project in order that a field test may be made to determine if Xpandit technology is suitable for future District use in accordance with Public Contracts Code Section 3400(b); that this project be exempt from public bidding requirements; and that the General Manager-Chief Engineer be authorized to execute an agreement with Miller Pipeline Corporation for the replacement of 3,126 feet of sewer at a cost not to exceed $299,237. Motion unanimously approved on the following vote: 06 1 3 9 1 , . " .. .. ,. . 100 AYES: Members: NOES: Members: ABSENT: Members: Carlson, Dalton, Boneysteele, Rainey, Clausen None None 9. PERSONNEL ESTABLISH COMPENSATION LEVEL FOR THE SECRETARY OF THE DISTRICT a. Following discussion, it was moved by Member Carlson and seconded by Member Dalton, that the salary range for the position of Secretary of the District be adjusted upward from Range M- 43 ($3,834 - $4,656) to M-36 ($4,554 - $5,535) and that the position be accorded the same salary adjustments and benefits as the Management Group except that the Cafeteria Plan allocation shall be increased by an additional $25 per month on July 1, 1991 and 1992 as previously agreed in the July 1, 1988 employment contract between the District and the Secretary of the District and that a new employment contract be negotiated to that effect for the period July 1, 1991 through June 30, 1994. Motion unanimously approved on the following roll call vote: AYES: Members: NOES: Members: ABSENT: Members: Carlson, Dalton, Boneysteele, Rainey, Clausen None None 10. APPROVAL OF MINUTES a. MINUTES OF ADJOURNED REGULAR MEETING OF MAY 30. 1991 It was moved by Member Rainey and seconded by Member Carlson, that the minutes of the Adjourned Regular Meeting of May 30, 1991, be approved with the following correction. In paragraph 5 on page 7, the word "incorporated" was changed to lIunincorporated.1I There being no objection, the motion was unanimously approved. 11 . APPROVAL OF EXPENDITURES a. APPROVE EXPENDITURE LIST DATED JUNE 13, 1991 Member Rainey, member of the Budget and Finance Committee, stated that she and President Clausen reviewed the expenditures and found them to be satisfactory. It was moved by Member Rainey and seconded by President Clausen, that the Expenditure List dated June 13, 1991, including Self-Insurance Fund Check Nos. 100532-100536, Running Expense Fund Check Nos. 60163-60962, Sewer Construction Fund Check Nos. 9607-9763, and Payroll Fund Check Nos. 24000-24275, be approved as recommended. Following discussion, the motion was unanimously approved. 12. BUDGET AND FINANCE a. ADOPT A RESOLUTION ESTABLISHING THE 1990-1991 APPROPRIATIONS LIMIT IN ACCORDANCE WITH ARTICLE XIII B OF THE CALIFORNIA CONSTITUTION Following explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Rainey and seconded by Member Carlson, that Resolution No. 91-041 be adopted, establishing the Sewer Construction Fund appropriations limit in the amount of $11,575,765 for the 1990- 1991 fiscal year, in accordance with Article XIII B of the California Constitution and that the California per capita personal income factor be selected because the alternative factor of the change in the local assessment roll due to local nonresidential construction is not obtainable from the County Assessor. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: 06 1~ Ql Rainey, Carlson, Boneysteele, Dalton, Clausen None None None a. 101 13. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 14. REPORTS GENERAL MANAGER-CHIEF ENGINEER I) Mr. Dolan, General Manager-Chief Engineer, reported that on June 11, 1 991 , the Contra Costa County Board of Supervisors adopted an ordinance on a three to two vote which sets the stage for further conflict on solid waste issues. The ordinance preempts the District's authority to franchise solid waste collection in the unincorporated areas. The ordinance provides for Memoranda of Understanding (MOUs) with franchising sanitary districts or the County will take over the franchises. The ordinance also provides for County control of the waste stream. The District is currently working with the Cities of San Ramon and Walnut Creek. A Joint Powers Authority (JPA) has been established, whose main agenda item is to establish a publicly-owned transfer station. This will require commitment of the waste stream which the District regulates through its franchises. At this point, the District is the largest franchiser in Contra Costa County. The ordinance, which goes into effect in 60 days, would change that. Before we make any commitment for the transfer station, it is imperative that we go to the four cities for whom the District franchises for their endorsement and commitment of the waste stream. When AB 939 was passed, a planning role for franchising sanitary districts was omitted from the legislation. Clean up legislation defining the r.ole of sanitary districts was proposed but opposition came from the League of California Cities. Recently, under the direction of Member Rainey, a meeting was held with Assemblyman Bill Baker. Assemblyman Baker indicated that he would try to facilitate a resolution of this matter. Work on AB 939 planning is well underway at the District. This work has been done largely on a cooperative arrangement with the District's franchise cities. Economic efficiencies have accrued as a result. Throughout the years, Central Contra Costa Sanitary District has made a number of substantial contributions in the area of solid waste management. 0 Central San, led by Member Boneysteele, established the protocols for franchise management in the County, with a long tradition of detailed review and franchise management. A new approach will be implemented this year as cost of service and customer satisfaction are considered in the rate analyses. 0 In 1984-1985, the District conducted a study and published a report identifying the two landfill sites now making their way through the permitting process. The report also recommended transfer station locations and established community awareness with regard to garbage burning and recycling. 0 The District stimulated action on out-of-County export of solid waste. 0 The District convinced the County to regulate the Acme transfer station. 0 As a result of the District's questions, the $27/ton Acme Fill closure costs were reduced to the $5/ton level. The District proposed a public trust fund option for closure of Acme Fill with the understanding that the County was committed to funding the closure. The District insisted on full disclosure of Acme's records and commitment of Acme's assets to pay for closure. We were unsuccessful in that endeavor however. i 0.6 ; .~13 ;',91 , ., '., :'" '", ~ ' :: 102 0 The District encouraged the formation of the County-wide Solid Waste Joint Powers Authority. 0 The District was part of the team that developed the Central Contra Costa Solid Waste Authority. 0 Curbside recycling was implemented in a manner that generated widespread community support. 0 The District is now working on a household hazardous waste progr'am to meet the goals of AB 939 and to help protect our wastewater effluent. 0 The District is working on a composting program for green waste. 0 Public information efforts dealing with solid waste have facilitated our communities' understanding and cooperation in the new programs implemented. 0 At the Board level, beginning with Member Boneysteele's leadership and Member Dalton's term on the Solid Waste Commission, and most recently under the leadership of Members Rainey and Clausen, the District has participated in endless committees, commissions, and task forces on solid waste programs. Progress has been made as a result of these efforts. .The District can look with pride on the accomplishments and contributions that have been made. Because of State law and the County's recent action, the District is now at a decision point. The long-term future of solid waste management in Central County and the District's role must be considered. There are two general directions the District may take: 1 ) The District can resist the County's attempt to take over franchising in the unincorporated areas and proceed with the transfer station project soliciting long-term commitments from cities and establishing the District as a solid waste agency for the long term; or 2) The District can advise our cities that the District intends to phase out of the solid waste business and propose to the Cities of San Ramon and Walnut Creek that the Cities of Orinda, Moraga, Lafayette, and Danville be included in the Central Contra Costa Solid Waste Authority in place of the District. Mr. Dolan suggested that before committing to a course of action, the District engage our franchise cities and the Cities of San Ramon and Walnut Creek in a dialogue. A workshop may be the appropriate forum for the dialogue. Mr. Dolan requested comments and guidance from the Board of Directors. President Clausen stated that there is a long-term problem since the solid waste franchises will be up for renewal in 1996. President Clausen recommended that the Central Contra Costa Solid Waste Authority assume control but indicated that may not be possible because of a concern by the other members of the Authority for loss of control of their franchises to the Authority. Member Rainey endorsed the concept of a workshop or study session with the cities and any other interested parties. At this time the type of MOU the County wo'uld be willing to structure with the District is not known and that information is necessary for making a decision with regard to solid waste management. In any case, having responsibility for rate setting without. control of the waste stream will cause serious problems. Member Carlson stated that the District has played a watch dog role to some extent but that has been appropriate since the Board is an elected body reporting ~ .0' :76 .' '.'li 3 :.: .:"9' '"I ; ~;.,~. ,'- , . b. c. None d. .1) 103 to the public. If the District must be critical of the County because of their lack of attention or expertise in this area, it is a role that we must play. Member Dalton favored the idea of a workshop. Over the last ten years, the solid waste picture and the players have changed. The District must reassess its position and a workshop would be an appropriate way to begin that reassessment. Member Boneysteele stated that the District is in a very difficult situation since the franchise agreements will be very different when they are renewed in 1996. Member Boneysteele stated that a workshop is essential. Member Boneysteele proposed that input be solicited from the cities, organized community associations, and the general public. Following discussion, a workshop was tentatively set for Saturday, July 13, 1 991. Staff was directed to secure a facility and draft a letter of invitation to the Cities of Orinda, Moraga, Lafayette', Danville, San Ramon, and Walnut Creek, to representatives of the unincorporated areas, to the Board of Supervisors and County staff, and to the garbage companies. The letter will describe the critical nature of the solid waste problem. 2) Mr. Dolan introduced Ms. Joyce E. Murphy, Secretary of the District, who reviewed Government Code Section 1780 relating to the timing and method for , filling the remainder of Member Carlson's term following his resignation. This matter will be cale~dared for further consideration at a future Board Meeting. Following discussion, Member Boneysteele was designated as the alternate representative for the Tri-Valley Wastewater Authority (TWA). 3) Mr. Dolan announced that the Executive Officer of the Regional Board has raised some concerns with regard to the District's diffuser capacity. This could have an impact on the Capital Improvement Plan in that it may be necessary to accelerate the Diffuser Project. Tri-Valley Wastewater Authority (TWA) is aware of this issue; and if the joint project goes forward, TWA would share in the project costs. 4) Mr. Dolan announced that the comment period on the Pleasant Hill Interceptor Project EIR has ended. Twenty-two letters were received and will be responded to in the final EIR. Mr. Dolan briefly described the topics raised in the letters. A tour of the proposed Pleasant Hill Interceptor Project right-of-way will be scheduled by staff, and the Board will be advised of the date. COUNSEL FOR THE DISTRICT I) Mr. Kenton L. Aim, Counsel for the District, briefly reported the status of clean up legislation relative to the request for additional refund of Sewer Service Charge by Creekside Glen Apartments. The matter is currently before the Local Governments Committee for a second review. The clean up legislation includes a statute of limitations provision that will apply for fees paid after January 1, 1 992, so it will have no impact on the Creekside Glen Apartments request. 2) Mr. Aim announced that he has been asked to serve as Interim Counsel for the West Contra Costa Solid Waste Authority. If the Board has no objection, he will assume that position. The Board voiced no objection. SECRETARY OF THE DISTRICT BOARD MEMBERS Member Rainey reported that the Central Contra Costa Solid Waste Authority met on June 11, 1 991 . Efforts to site a publicly-owned transfer station are proceeding. " 06 :,:13 r~9: 1 1 104 2) Member Dalton reported that the Recycling and Household Hazardous Waste Advisory Committee is disbanding since their purpose in facilitating the implementation of Recycling and Household Hazardous Waste Programs has been achieved. Member Dalton requested that this item no longer be a standing item of the Board ,agenda. 3) President Clausen reported that Alameda County has approved the waiver of the $6/ton solid waste surcharge for Contra Costa waste received at the Altamont Landfill. 15. ANNOUNCEMENTS None 16. CLOSED SESSION a) SIGNIFICANT EXPOSURE TO LITIGATION Pursuant to Government Code Section 54956.9(b), a point has been reached where in the opinion of the Board of Directors of the Central Contra Costa Sanitary District on, the advice of its Counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the District. The title of the litigation was not identified because to do so would jeopardize the Board's ability to conclude existing settlement negotiations to its advantage. 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. The title of the litigation was not disclosed because to do so would jeopardize the ability of the District to effectuate service of process or to advantageously conclude existing settlement negotiations. At 6: 18 p.m., President Clausen declared the closed session to discuss litigation pursuant to Government Code Sections 54956.9(b) and (c). At 6:39 p.m., President Clausen concluded the closed session and reconvened the meeting into open session. 1 7. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None 18. ADJOURNMENT There being no further business to come before the Board, President Clausen adjourned the meeting at the hour of 6:39 p.m., to reconvene at 3 p.m. on June 27, 1991, for an Adjourned Regular Meeting. -(~.~. - pROtDa President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: e e ry of the Central Co ra Costa Sanitary District, County of Contra Costa, State of California ì 0', '6 ~"1;3 :, "9":1 ", " ,',' ' '" . ... ". ,.,.. '., '