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HomeMy WebLinkAboutBOARD MINUTES 07-19-91 132 MINUTES OF THE ADJOURNED REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JULY 19, 1991 The District Board of the Central Contra Costa Sanitary District convened in an Adjourned Regular Meeting at the Pleasant Hill Community Center, 320 Civic Drive, Pleasant Hill, County of Contra Costa, State of California, at noon on ,July 19, 1991, for a Solid Waste Workshop. ' In the absence of President Clausen, Member Rainey, Chair of the Board Solid Waste Committee, called the meeting to order. The Secretary of the District noted the attendance of the following Board Members. 1. ATTENDANCE PRESENT: ABSENT: Members: Members: Dalton, Carlson, Rainey Boneysteele, Clausen President Clausen had advised staff that he would be unable to attend this meeting and had requested that he be excused. Member Boneysteele had advised staff that he was unavoidably detained and would be late for the meeting. Member Boneysteele entered the meeting at the hour of 1: 1 0 p.m. . It was noted for the record, that representatives of the towns of Danville and Moraga, the cities of Lafayette~ Orinda and Walnut Creek, Contra Costa County, Alamo Improvement Association, Pacheco Town Council, Clyde Civic Improvement Association, Valley Waste Management, Orinda-Moraga Disposal Service, Inc., Pleasant Hill Bay Shore Disposal, the Contra Costa Times, the Martinez Record, and the public were present. 2. PUBLIC COMMENTS None 3. SOLID WASTE CONDUCT SOLID WASTE WORKSHOP AND TAKE ACTION AS APPROPRIATE a. Member Rainey thanked everyone for coming and indicated that the purpose of the solid waste workshop is to discuss the continued role of Central Contra Costa Sanitary District in solid waste planning and management. Member Rainey introduced Mr. Roger J. Dolan, General'Manager-Chief Engineer, who presented recent history of solid waste activities. Recently laws and regulations have changed with regard to solid waste. With the passage of AB939 in 1990, the framework for solid waste planning in California was revised, providing a planning role for cities and counties but not for sanitary districts. Mr. Dolan reviewed Central San's role in solid waste franchising and the status of current programs including recycling and household hazardous waste. Mr. Dolan described the franchise areas currently served by Central San including the cities of Danville, Lafayette, Moraga and Orinda and the unincorporated areas of Alamo, Blackhawk, Clyde, Diablo, and Pacheco. These franchises will expire in 1996 if they are not renewed for an additional five years pursuant to the terms of the agreements. Memoranda of Understanding (MOU's) have been developed between the District and the cities of Danville, Lafayette, Moraga and Orinda to bring together AB939 planning and responsibility. Central San was willing to make the same arrangement for its unincorporated areas with the County; however, the County elected to develop an independent AB939 plan and has rebuffed Central San's efforts to have input in the planning process. Mr. Dolan reported that over the past year, Central San, Walnut Creek and San Ramon, through a Joint Powers Agreement, have been working on the development of a publicly owned transfer station to serve our franchise areas. Commitment of the waste stream to this publicly owned facility is a key factor. 0:,7 ~:19 9~1 133 Member Rainey stated that she has been a Member of the Central Contra Costa Sanitary District Board of Directors for about five years. Her interest in joining the Board was related to the District's primary purpose of planning for and treating sewage for the people in Central Contra Costa County. Member Rainey stated that she had an additional interest in solid waste. The District offers economies of scale in planning and managing solid waste activities. Being a special district, or single purpose agency, the District has committed time and staff with expertise in this area to help solve this difficult solid waste problem. If the cities wish to take over solid waste franchising or if the County and the District are unable to agree on the terms of an MOU, it would fragmentize the franchise areas currently served by the District and inefficiencies could be created. This workshop was scheduled to receive input from the affected parties, in order that the District can provide the best service for its ratepayers. Ms. Avon Wilson, Lafayette City Councilmember, stated that she was authorized by the Lafayette City Council to express the following view. The City of Lafayette does not wish to assume the franchise for the City. The City did at one time consider and weigh all of the issues and decided that the City simply did not have the resources to assume the franchise. In addition, there was a general satisfaction with the way Central San was handling the franchise. The City does have a citizen committee that is looking primarily at rate regulation issues. Councilmember Wilson stated that the City of Lafayette is very satisfied to have franchising continue by Central San. Central San has instituted and pushed important changes in solid waste in the interest of the ratepayers. The changes that have been made by the County in recent years have been at the urging and lobbying of Central San. If that function is to continue, it will have to be done by a consortium, but the function is absolutely critical. Central San's role of leadership in solid waste has been phenomenal and the District's role as watchdog is essential. The City of Lafayette believes it must continue. . Ms. Susanna Schlendorf, Danville Town Councilmember, stated that the quality of service received from Central San has been very good. The Town of Danville is considering becoming more involved and assuming franchising responsibility in 1996 when the current franchise expires. This is primarily because of the active involvement of a staff liaison. Councilmember Schlendorf stated that the Town of Danville feels very strongly about customer satisfaction. There will be a decision of the Town Council in 1996 with regard to franchising. Mr. Aldo Guidotti, Orinda City Councilmember, stated that he could not speak on behalf of the full City Council since some Councilmembers are out of town. Councilmember Guidotti stated that there is a great deal to be done in the area of solid waste. Councilmember Guidotti stated that in his opinion, the least amount of bureaucracy that gets the job done is the best. Ms. Sue Noe, Vice Mayor of the Town of Moraga, stated that she is present representing Councilmember Sweeny who is on vacation. Vice Mayor Noe stated that this matter has not yet been before the Town Council; but in general, the Town of Moraga is satisfied with Central San's role and the job that has been done. Mr. Donald Blubaugh, Walnut Creek City Manager, stated that no Walnut Creek Council- member could be present at this meeting; however, Mr. Blubaugh was authorized to speak on behalf of the Council. Mr. Blubaugh stated that when he first received the notice of this meeting and thought Central San may go out of the solid waste business, he reflected on the status of solid waste in Contra Costa County. Mr. Blubaugh stated that each accomplishment in the solid waste area in the last five years has been a struggle. All of the cities and unincorporated areas are better off today because of the efforts made by the Central San Board and staff. Mr. Blubaugh stated that the City of Walnut Creek would defer judgment to the cities for whom Central San franchises. If it is their wish that Central San continue to franchise, the City of Walnut Creek wishes to work with the District. Central San staff has been the mainstay of the Central Contra Costa Solid Waste Authority. :The City of Walnut Creek hopes to continue working with the District on solid waste matters. Ms. Dorothy Elsenius, President of the Pacheco Town Council, stated that Pacheco has been very satisfied with Central San's role in solid waste. The Pacheco Town Council held a general meeting earlier this month. At that meeting, presentations were made by ~07 ,. .. :;19 ", .: 9:1 " .:i: ,~. 134 both County and Central San representatives. Following the presentations, the Pacheco Town Council voted unanimously to support Central San's continued role in solid waste franchising. Pacheco has always received good service from the District. District staff has been very cooperative, particularly in securing special services and rates for the mobile home parks because of their differing needs. President Elsenius stated that the Pacheco Town Council is very pleased with the service provided by the District. Mr. Joe Fanucchi, President of the Alamo Improvement Association, stated that this issue was discussed at a public meeting of the Alamo Improvement Association Board. Because the Alamo area has not yet incorporated, there is no councilor group other than the Alamo Improvement Association to speak for Alamo residents. President Fanucchi stated that the State decided to change solid waste management even though the former solid waste management framework was working. It is the position of the Alamo Improvement Association Board that Alamo has received excellent service from Central San. Central San has been very responsive to recycling programs and other solid waste matters. The Alamo Improvement Association Board is a little distrustful of another layer of bureaucracy and would endorse Central San's continued role in solid waste management. Mr. Mark Tavernier, representing the Clyde Civic Improvement Association, stated that this matter has not yet been discussed by the Association. However, Mr. Tavernier stated that he believes that the Clyde Civic Improvement Association would be opposed to increased expenses and red tape. In response to a question from Mr. W. Douglas Lomow, of Orinda-Moraga Disposal Service, Inc., Member Rainey stated that the purpose of this workshop is to learn the wishes of the affected parties for use by the District in deciding how to proceed with regard to solid waste management. If the District is unable to reach agreement with the County on the terms of an MOU, the District could turn the franchising responsibility over to the County or the District could oppose the County ordinance. If the Cities or the County assume franchising responsibility and the District's franchise area becomes fragmented, the District must examine the staff and time commitment to determine whether it is cost effective for the District to continue franchising. If an agreement is reached with the County, the status quo may continue. In any case, it will be necessary to obtain a commitment of the waste stream from the cities for whom the District franchises for the publicly owned transfer facility and the Central Contra Costa Solid Waste Authority. Mr. Kenton L. Aim, Counsel for the District, stated that MOU's have been negotiated with the four cities for whom the District franchises. If all parties agree to proceed as in the past, it may be that the cities would not have to turn over control of the waste stream to the District, but could instead commit the waste stream to the transfer station. Member Rainey stated that a County-wide Solid Waste Joint PQwers Authority (JPA) is now being formed. It may be that the JPA could assume some of these functions in the future that Central San now provides. Ms. Sara Hoffman, Contra Costa County Solid Waste Manager, stated that on June 11, 1991, the Board of Supervisors adopted an ordinance providing for County franchising of solid waste collection, handling, disposal and recycling in the unincorporated areas. The ordinance is effective August 11, 1991, and provides for transitional permits. County staff will report the status of requests for transitional permits to the Board of Supervisors on August 6, 1991. Ms. Hoffman stated that the County is interested in pursuing MOU's with the franchising sanitary districts. Member Rainey stated, that as one Member of the Board, ~he is interested in pursuing an MOU; however, if the cities assume franchising responsibility, it may be inefficient for the District to continue franchising the unincorporated areas. In response to a question from Mr. Sanford Skaggs, Ms. Hoffman stated that the ordinance provides for transitional permits for either operation or franchising. The County must know whether to pursue franchise agreements with the haulers or MOU's with the sanitary districts. , . 0:"7 ~'19 ....,. 9:1 135 Mr. Aim stated that several conditions required by the ordinance would substantially impact the District's ability to control its own fate and that of the unincorporated areas. The ordinance requires that the District indemnify the County if AB939 requirements are not met; the ordinance requires pass through of any County rates; and the ordinance gives the County control of the waste stream. Member Rainey stated that it would appear from the comments today, the cities and unincorporated areas are happy with Central San and its present role in solid waste management. Member Rainey stated that as a result of the discussions today, she would envision an official request from the Board of Directors to the City Councils requesting a formal endorsement. The District will sit down with the County to try to come to terms on an MOU acceptable to both. If the District is unable to reach agreement with the County, the Board of Directors must consider its options including getting out of the solid waste business or considering litigation. Member Carlson stated that rates have always been a major concern for the District. The Board has tried to deal with solid waste issues fairly and provide the best service for the communities and ratepayers. All of the communities have increased service levels over the years and that has increased costs. Now, the State has mandated that programs such as recycling and household hazardous waste must be implemented. This has been difficult from the standpoint of rates. In addition, solid waste is an important environmental issue and of concern to the District. Member Carlson stated his belief that the District has done a good job but there is still a great deal to be done. A landfill must be constructed in this County and it would seem that a publicly owned transfer station is in the best interest of the ratepayers as well. Member Rainey thanked Member Carlson for his comments and stated that Member Carlson has indicated that he will be leaving the Central San Board this summer. The District will surely miss Member Carlson's insight and guidance. " Discussion followed concerning the feasibility of Central San's role in solid waste excluding franchising responsibility for the unincorporated areas. Member Carlson stated that if the franchise area is fragmented, routing and collection issues become very expensive and crucial. It would be more difficult to accrue costs for the various areas for rate-setting purposes, and consequently more expensive for the ratepayers. Member Rainey suggested that it may be possible for the cities to assume franchising for their spheres of influence. Ms. Hoffman stated that West Contra Costa Sanitary District franchises for the unincorporated areas in West County and the five cities franchise as well. That arrangement seems to work very well. Member Boneysteele stated that about 25 years ago, decisions were made that special districts should not engage in planning activities but confine themselves to providing service, planning activities being considered the exclusive province of counties and cities. That was the spirit in which AB939 was enacted despite heavy lobbying and opposition by the California Association of Sanitation Agencies (CAS A) and Central Contra Costa Sanitary District (CCCSD). Since AB 939 was enacted, CCCSD has had all of the responsibility for solid waste and none of the authority; and, therefore, Member Boneysteele stated that, in his opinion, CCCSD should confine itself to providing sewer service and relinquish solid waste activities entirely to the County. Mr. Ken Little, attorney for Orinda-Moraga Disposal Service, Inc., stated that in his view the economies of scale issues favor the collectors more than cities or the County. Mr." Little stated that there need not be a problem or fragmenting and routes would not be broken up. Ms. Caluha Barnes, of the Town of Danville, stated that there are administrative economies of scale as well which favor consolidated franchising. Mr. Dolan agreed with Ms. Barnes. Ms. Lillian Fujii, of Contra Costa County, stated that hopefully the County and the District will be able to negotiate an MOU. There will not be fragmentation. Ms. Sara Hoffman, of Contra Costa County, stated that the County began this effort as a result of reaching the conclusion that the County could not abrogate responsibility for 0;7 ,;"19 ".9,.1 136 meeting AB939 goals. If the issue is simply economies of scale, the County certainly has that. Mr. Hoffman stated that the sanitary districts came to the Board of Supervisors and indicated that they believed there are advantages to local contacts with the sanitary districts. For that reason, the Board of Supervisors included the MOU option in the ordinance. However, the County must be involved. Member Rainey stated that there appears to be a consensus. It would appear that the cities and unincorporated areas within the Central Contra Costa Sanitary District franchise area, wish the District to continue solid waste management and planning at least in the near term. Letters will be sent to the cities requesting a formal expression of the cities' position. Member Rainey thanked everyone for coming to the workshop and contributing to the discussion. ' 4. ANNOUNCEMENTS None 5. ADJOURNMENT There being no further business, Member Rainey adjourned the meeting at the hour of 1 :50 p.m., to reconvene at 6:30 p.m., on Thursday, July 25, 1991, for a meeting of the Sanitation and Water Agencies of Contra Costa County to discuss areas of mutual concern. ~ ~ .', ." . - .' .",., "A --..- ~ -.-- - -~-- " Pre,idenyóf the Board of Directors, Cen'üãíContra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: S cr ta of the Centra Con a Costa Sanitary District, County of Contra Costa, State of California .0':'7 {lb ,," '. a~1