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HomeMy WebLinkAboutBOARD MINUTES 12-05-91 224 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON DECEMBER 5, 1991 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 December 5, 1991. President Clausen called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Boneysteele, Starita, Rainey, Clausen ABSENT: Members: Dalton Member Dalton had advised staff that he would be late and requested that he be excused. Member Dalton entered the meeting at the hour of 3: 15 p.m. a. ELECTION OF DISTRICT BOARD PRESIDENT AND PRESIDENT PRO TEM President Clausen suggested that the election of District Board President and President Pro Tem be deferred until the arrival of Member Dalton. The Board concurred. 2. PUBLIC COMMENTS Mr. Jim Pezzaglia, representing Pleasant Hill Bay Shore Disposal, requested an opportunity, to address the Board at the time Item 1 0.b.1) MOU with the County for 939 Planning in Unincorporated Area, is discussed. President Clausen agreed. 3. AWARDS AND COMMENDATIONS a. RECEIVE PLAOUEFROM CALIFORNIA STATE UNIVERSITY. SACRAMENTO, IN RECOGNITION OF THE DISTRICT'S SUPPORT OF COOPERATIVE EDUCATION SCHOOL OF ENGINEERING & COMPUTER SCIENCE Mr. Roger J. Dolan, General Manager-Chief Engineer, presented the plaque from California State University, Sacramento, in recognition of the District's support of the Cooperative Education School of Engineering & Computer Science to Ms. Darlene Ross, Personnel Analyst II. Ms. Ross stated that she was pleased to receive the plaque on behalf of the District. Ms. Ross thanked the Board for their ongoing support for this very successful program, stating that positive comments have been received both from the participating students and the agencies involved. President Clausen commended Ms. Ross and the Personnel Section for their efforts in this area, stating that the Coop Program is beneficial both to the District and the students. 4. CONSENT CALENDAR Mr. Dolan, General Manager-Chief Engineer, requested to hold over Consent Calendar Item a. There is a language complication in the Consent to Dedication document. This matter will be recalendared at a future Board meeting. It was moved by Member Rainey and seconded by Member Starita, that the Consent Calendar, consisting of Items b. through e. excluding Item a., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. b. Authorization was given for P .A. 91-13 (Martinez area) to be included in a future formal annexation to the District. . Motion approved on the following vote: 12 05. 91 225 AYES: Members: Rainey, Starita, Boneysteele, Clausen NOES: Members: None ABSENT: Members: Dalton c. The contract work for construction of the Hall Drive Sewer Improvement Project, Phase 2A (DP 24331) was accepted and filing of the Notice of Completion was authorized. Motion approved on the following vote: AYES: Members: Rainey, Starita, Boneysteele, Clausen NOES: Members: None ABSENT: Members: Dalton d. The contract work for the Country Gardens/Third Avenue Sewer Improvements Project (DP 4615A) was accepted and filing of the Notice of Completion was authorized. Motion approved on the following vote: AYES: Members: Rainey, Starita, Boneysteele, Clausen NOES: Members: None ABSENT: Members: Dalton The contract work for the Arlene Drive Sewer Improvement Project (DP 4539) was accepted and filing of the Notice of Completion ,was authorized. Motion approved on the following vote: e. AYES: Members: Rainey, Starita, Boneysteele, Clausen NOES: Members: None ABSENT: Members: Dalton CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Dolan, General Manager-Chief Engineer, requested that Item 10.a.2) Orinda-Moraga Disposal Service, Inc. Franchise Compliance Update, be taken out of order. The Board agreed. a. 10. REPORTS GENERAL MANAGER-CHIEF ENGINEER 2) Mr. Dolan, General Manager-Chief Engineer, stated that at a recent Board meeting the numerous problems which had occurred in the administration of the Orinda-Moraga Disposal Service, Inc. franchise were discussed. At that time, the Board directed staff to invite Mr. Douglas Lomow, of Orinda- Moraga Disposal Service, Inc., to appear before the Board to explain these' matters. In the interim Member Rainey, of the Board Solid Waste Committee, and staff met with Mr. Lomow. Mr. Dolan stated that he informed Mr. Lomow that his failure to cooperate with the District had caused confusion in the community and inefficiency, and had breached the franchise agreement. Mr. Lomow indicated a willingness to cooperate with the District and stated that many of the issues were the result of a lack of communication involving Mr. George Navone and the District. 12 05 91 226 Mr. Dolan briefly summarized the issues including repeated failure to meet deadlines for submission of rate applications, changing the recycling program relative to implementation dates and materials recycled without District approval and notifying the public of Orinda-Moraga Disposal's plans which were at variance with AB 939 Source Reduction and Recycling Element and the Board's direction, inappropriately demanding payment due upon receipt of billing, eliminating distribution of return envelopes, refusing to distribute the District-prepared solid waste brochure and instead distributing their own and applying for rate coverage for expenses. Member Dalton entered the meeting at the hour of 3: 15 p.m. Mr. Dolan stated that the major issue at this time is the Orinda-Moraga Disposal green waste program because of the rate implications. Mr. Lomow has advised citizens by an article in the New Orinda News, that a green waste collection program will be available beginning in December 1991. Member Rainey agreed with Mr. Dolan's summation of the issues. While Mr. Lomow is trying to do some new programs, they must be coordinated through the District so they can be coordinated with the Source Reduction and Recycling Element program and AB 939. Member Rainey stated with regard to the green waste recycling program, that Mr. Lomow had indicated there would be no net increase in costs for the program. District staff was asked to investigate the costs because it was felt that the program may be something that could be done in other franchise areas. Member Rainey asked Mr. Lomow to describe the green waste recycling program. Mr. Douglas Lomow, of Orinda-Moraga Disposal Service, Inc., stated that he has not in any way attempted to act in a disharmonious fashion with the Board's desires and plans. With respect to the green waste program, during the next ten days, special green plastic bags will be distributed to households who wish to participate. It is hoped that this will replace one brush can. Green waste recycling program instructions will be printed on the bag. A flyer will also be distributed at the time the bag is distributed. An employee will dump the bag into the truck and tuck the empty bag in a secure place for reuse by the customer. The green waste will be hauled to Lodi to Cal Green Waste, a State-approved site, for disposal. In the long- term, Orinda-Moraga hopes to sell this high-quality compost material to the citizens of Orinda and Moraga. However, that is not included in the rate application. The cost for the green waste program is $173 per ton collected and delivered compared to $148 per ton for recycled materials and $1 60 per ton for trash disposed of at the landfill. Member Rainey stated that during the committee meeting, Mr. Lomow indicated there would be no net cost to the ratepayer. It seems that is not the case. Mr. Lomow stated that the green waste program is a way of containing rates and helping hold rates down over the years. It is a'iittle more money today, but it is hoped that it will be less in the future. In response to a question from President Clausen, Mr. Lomow stated that a separate truck will collect the green waste and haul it to Lodi. There have been discussions with Acme concerning use of the transfer station, but the initial numbers are extremely high. . President Clausen stated that the idea seems to be a gpod one for the long term; but as long as the put or pay contract with Alameda County is in place, Contra Costa ratepayers must pay whether the green waste goes to Alameda County or not. President Clausen recommended that implementation of a green waste program be delayed: Mr. Walter N. Funasaki, Finance Officer, reviewed the incremental expenses for the green waste program just described by Mr. Lomow. The net program expense for 1992 is $292,000 or approximately $2.25 per month per residential customer. 12 05- 91 227 Mr. Paul Morsen, Deputy General Manager, described the Highland Ranch Composting Project identified in the Source Reduction and Recycling Element and planned for implementation in 1994. The Central Contra Costa Solid Waste Authority, of which the District is a member, has promised not to commit green waste to any other program in the meantime. Mr. Dolan stated that it would seem premature to put the Orinda-Moraga Disposal green waste program into effect. However, this is a policy issue. Member Rainey stated that the District is flexible enough to consider new programs; however, there is a process which must be followed to coordinate new programs with existing and planned programs. In the case of the Orinda-Moraga green waste program, Mr. Lomow had indicated previously that there would be no additional cost for the ratepayer but that is not the case. Mr. Lomow now plans to begin the green waste program, increasing rates by $2.25 per month per household with no direction from the Board. Member Boneysteele expressed concern with the surprise and suddenness of the green waste program. There is an AB 939 planning process and committee; there is a public education process; and the District has obtained acceptance from the cities and towns involved. ,It would be appropriate to depart from these processes only for compelling reasons. This program may be a compelling reason; but in any case, it must go through the public hearing process. Member Starit~ stated that the fundamental issue is control of the waste stream. The District controls the waste stream; and for that reason, Member Starita stated that he would oppose the program unless it was sanctioned by the Board of Directors. In response to a question from Member Rainey, Mr. Morsen stated that he would work with Orinda-Moraga Disposal to provide current and accurate information to the residents to counter the news article in the New Orinda News. Mr. Morsen stated that staff would like to work with Orinda-Moraga Disposal on innovative ideas for recycling and source reduction. The Board agreed. At this time, President Clausen returned to Item 1.a., Election of District Board President and President Pro Tem. 1. ROLL CALL a. ELECTION OF DISTRICT BOARD PRESIDENT AND PRESIDENT PRO TEM Member Boneysteele declared himself a candidate for District Board President. It was moved by Member Rainey and seconded by Member Starita, that Member Boneysteele . be elected to serve as President of the District Board of Directors for 1992. Member Boneysteele was elected by acclamation. It was moved by Member Clausen and seconded by Member Rainey, that Member Dalton be elected to serve as President Pro Tem of the District Board of Directors for 1992. Member Dalton was elected by acclamation. At this time, President Clausen reverted to the order of the agenda. 5. HEARINGS CONDUCT A PUBLIC HEARING TO CONSIDER ESTABLISHING EQUALIZATION CHARGES FOR LOCAL IMPROVEMENT DISTRICT NO. 54 a. In response to a question from President Clausen, Mr. Jay S. McCoy, Construction Division Manager, explained the basis for the equalization charges. Mr. Kenton LAlm, Counsel for the District, stated that when this matter was discussed previously, bond 12 05 91 228 counsel advised that these monies could only be used to reduce assessments and could not go into the general fund of the agency. Discussion followed. At 4:02 p.m., President Clausen opened the public hearing to consider establishing equalization charges for Local Improvement District No. 54 (LID 54). There being no comments, President Clausen closed the public hearing. It was moved by Member Boneysteele and seconded by Member Dalton, that equalization charges for LID 54 be established in accordance with the amounts shown 'in the attachments to the position paper, Schedule Nos. 1 through 4. There being no objection, the motion was unanimously approved. b. CONFIRM" AMENDED ASSESSMENT DIAGRAM" AND APPORTION ASSESSMENT AMOUNTS AND AUTHORIZE RECORDING OF SAID DIAGRAM, LOCAL IMPROVEMENT DISTRICT 54-1. PLEASANT HILL AREA It. was moved by Member Boneysteele and seconded by Member Dalton, that the amended assessment diagram for Local Improvement District 54-1 be confirmed, the assessment amounts be apportioned, and recording of said diagram be authorized. There being no objection, the motion was unanimously approved. 6. BIDS AND AWARDS a. AUTHORIZE AWARD OF A PURCHASE ORDER TO SHAPE, INC. TO FURNISH SEWAGE PUMP. MOTOR. AND VFD FOR ORINDA/MORAGA PUMPING STATION IMPROVEMENTS-NEAR TERM. DP 4667 Mr. Dolan, General Manager-Chief Engineer, stated that bids have been received to furnish a sewage pump, motor, and VFD speed controller for the Orinda/Moraga Pumping Station Improvements-Near Term, DP 4667. . Following discussion, it was moved by Member Rainey and seconded by Member Starita, that award of a purchase order be authorized to Shape, Inc., the lowest responsible bidder, in the amount of $53,042.50 for furnishing the sewage pump, motor, VFD and services for DP 4667 ,Orinda/Moraga Pumping Station Improvements-Near Term. There being no objection, the motion was unanimously approved. . 7. CORRESPONDENCE NOTE RECEIPT OF LETTER FROM MR. HERMAN SILVERMAN CONCERNING RECYCLING PROGRAM COMPONENTS OFFERED IN VARIOUS JURISDICTIONS a. Mr. Dolan, General Manager-Chief Engineer, stated that the letter from Mr. Herman Silverman concerning recycling program components offered in various jurisdictions was provided forthe Board's information. Following discussion, the Board noted receipt of the letter from Mr. Silverman. b. NOTE RECEIPT OF LETTER FROM MR. DAVID B. JACOBSON CONCERNING REFUSE COLLECTION UNIFORM CAN RATE The Board noted receipt of the letter from Mr. David B. Jacobson concerning the refuse collection uniform can rate and provided direction to staff concerning a response. Mr. Dolan, General Manager-Chief Engineer, indicated that staff would prepare a response for signature by the Board President. ,8. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED DECEMBER 5. 1991 Member. Starita, .member of the Budget and Finance Committee, stated that he and President Clause~ reviewed the expenditures and found them to be satisfactory. Following discussion, it was moved by Member Starita and seconded by President Clausen, that the Expenditure List dated December 5, 1991, including Running Expense .12 05 91 229 Check Nos. 64331-64549, Sewer Construction Check Nos. 10446-10482, and Payroll Check Nos. 25923-26206, be approved as recommended. There being no objection, the motion was unanimously approved. None a. 9. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 10. REPORTS GENERAL MANAGER-CHIEF ENGINEER 1 ) The tour of the light industrial/warehouse and RMC Lonestar properties was deferred until 2 p.m. on December 19, 1991. 2) Orinda-Moraga Disposal Service, Inc. franchise compliance update was taken out of order earlier in the agenda. 3) Mr. Dolan, General Manager-Chief Engineer, stated that draft Memoranda of Understanding (MOUs) with the cities and towns for whom the District franchises, were placed before the Board earlier this year. Disbursement of planning money was discussed at that time and the Board directed staff to meet with city and town representatives to work out a compromise. That has been done. Two issues were discussed: 1) disbursement of planning money, and 2) commitment of the waste stream to the publicly-owned transfer station. The cities and towns indicated they would be willing to turn over any planning money to the District since the District is doing that work but they would want the District to reimburse them for solid waste costs they would normally put on a franchise fee. Mr. Paul Morsen, Deputy General Manager, has drafted language which will be distributed to the cities and towns prior to presentation to the Board of Directors for approval at the next meeting. Mr. Dolan reviewed the proposed language with the Board. Following discussion, the Board voiced no objection to the proposed language. 4) Mr. Dolan, General Manager-Chief Engineer, stated that in the late 1960s, the District took over the Martinez sewer system from the City. Overall, that decision has been good both for the District and the City. However, there is one issue that is a lingering problem. That is the contractual obligation of the City to obtain and furnish the District with easements for the pipes not located in the streets. The City has never refused to obtain the easements; however, it is a difficult and costly process for them and they have not yet done so. At this time, the District has a special need to resolve this matter. A master plan has been developed and projects are nearly ready to proceed in Martinez. There are four fundamental issues: 1) the easement itself (what rights can/should the District obtain); 2) how should the easements be obtained; 3) who should do it; and 4) who should pay for it. Mr. Robert A. Baker, Deputy Chief Engineer, introduced Mr. Ron Peterson, Martinez Assistant City Manager and the District's contact person on this matter. Mr. Baker explained the need for the easements and alternatives available to the District. It was proposed to the City, that the District take on the job of obtaining the easement rights primarily using Declarations of Easement and bill the City of Martinez for the cost on an annual basis over the next five to ten years. The City was courteous but did express a strong concern that they could not afford the program even at a modest level. The City of Martinez urged that the District consider a surcharge on the Sewer Service Charge as an alternative. Discussion followed wherein it was stressed that it is imperative that the City of Martinez cooperate with the District and take the lead on public interface with the Martinez residents. The idea of a joint public hearing with the City of Martinez was endorsed by the Board. Member Clausen stated 1'2' 05 91 230 b. that a resolution or specific request asking for a Sewer Service Charge surcharge should be made by the Martinez City Council. Mr. Dolan thanked the Board for their input. 5) Mr. Randy Schmidt, Associate Engineer, addressed the Board concerning the Bay Area 1 991 Clean Air Plan recently adopted by the Bay Area Air Quality Management District. The Plan was developed because the State does not currently meet California air quality standards; and if an area does not meet the standards, they must develop a plan stating how they will meet them. There will be controls on new and existing sources. Mr. Schmidt stated that 23 different transportation control measures - were proposed in the Clean Air Plan. Of those, four will have an impact on District employees. Mr. Schmidt reviewed the revenue measures, the employer trip reduction rule, the requirement for low emitting vehicles in fleets, and the market-based pricing measures that will impact District employees. Mr. Dolan thanked Mr. Schmidt for his presentation and indicated that the Board would be apprised of any further, developments. 6) Mr. Dolan announced that Mr. James M. Kelly, Planning Division Manager, has been appointed to an Environmental Protection Agency (EPA) technical committee to develop recommended standards for water reclamation. This is an opportunity for the District to influence regulations to eliminate unnecessary barriers to future water reclamation projects. Mr. Kelly recently attended a committee meeting in, Florida concerning these issues. Expenses were paid by the EPA. 7) Mr. Dolan announced that the District is currently advertising for bids to reline the decorative pond on the Plant site. 8) Mr. Dolan announced that CalRecovery Incorporated, the consultant for the first draft of the AB 939 Plans, has filed a claim against the District and Central County Cities. 9) Mr. Dolan extended an invitation to the Board to attend the District's holiday party which will be held on December 7, 1991. COUNSEL FOR THE DISTRICT Mr. Kenton L. Aim, Counsel for the District, stated that as the Board is aware, the County enacted an ordinance that required County solid waste franchising in unincorporated areas. The ordinance was modified to allow Memoranda of Understanding (MOUs) with the franchising sanitary districts. Since the ordinance went into effect in August 1991, the County has not drafted MOUs although they did meet with the sanitary districts. The sanitary districts drafted a generic agreement, a copy of which has been provided to the Board of Directors. Mt. View Sanitary District and Rodeo Sanitary District held special meetings and adopted this agreement with some changes. The agreements were forwarded to the Board of Supervisors for action at their December 17, 1991 meeting. If the proposed agreement is acceptable to the Board of Directors, Mr. Aim asked that it be approved and forwarded to the Board of Supervisors for consideration with the Mt. View and Rodeo agreements, thus allowing t,he District to continue to operate in an acceptable manner and continue to negotiate with the County. Mr. Aim highlighted the proposed agreement section by section. Discussion followed wherein,the Board provided direction to Mr. Aim concerning the automated collection/green waste issues and direct hauling, additional information for inclusion in the recitals, provisions for termination of the agreement, and coordination of the Source Reduction and Recycling Elements and Household Hazardous Waste Elements between the cities and towns and the unincorporated areas. Mr. James Pezzaglia, representing Pleasant Hill Bay Shore Disposal, addressed the' Board expressing the concern of the collector with regard to the uncertainties between the County ordinance and the District franchise agreement that provides 12 05 91 231 for extensions and options to renew the franchise agreement. Pleasant Hill Bay Shore Disposal and Mr. Boyd Olney wish to retain the existing relationship with the District. With regard to the proposed MOU between the District and the County, Mr. Pezzaglia recommended that Section 5.2 be deleted because the District is retaining its rights to carry out AB 939 through its own activities and those of its franchisees. However, Mr. Pezzaglia stated that Pleasant Hill Bay Shore Disposal does not support execution of the MOU between the District and the County. Pleasant Hill Bay Shore Disposal supports the District retaining rate review responsibility, and AB 939 Plan implementation and compliance. In closing, Mr. Pezzaglia filed a letter with the Board, requesting amendment to the franchise agreement relating to the term of the agreement. Pleasant Hill Bay Shore Disposal is concerned about capitalization costs relating to AB 939 implementation and amortization of those costs. Mr. Pezzaglia proposed that the term of the franchise agreement be extended to the year 2007 to allow amortization of capital improvements. President Clausen referred the request for extension of the term of the Pleasant Hill Bay Shore Disposal franchise agreement to staff for calendaring at a future Board meeting. Following further discussion, the draft MOU with the County for AB 939 Planning in Unincorporated Areas was approved as amended to include the direction provided by the Board. Mr. Aim was authorized to submit the revised MOU to the Board of Supervisors for approval. c. SECRETARY OF THE DISTRICT Ms. Joyce E. Murphy, Secretary of the District, ànnounced that legal research on the impact on Board Members of the change in the Social Security law is proceeding. d. BOARD MEMBERS , 1) Member Rainey reported that a Central Contra Costa Solid Waste Authority meeting will be held on December 19, 1991. 2) There will be a Contra Costa Solid Waste Authority meeting on December 12, 1991. Work is proceeding on a budget for the Authority. 3) President Clausen reported that there will be a Solid Waste Export Committee meeting with Alameda County on December 18, 1991. 11. ANNOUNCEMENTS None 12. CLOSED SESSION 1. 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 C~mtra 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. 2. 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 12 05 9.1 232 .the District to effectuate service of process or to advantageously conclude existing settlement negotiations. At 6: 15 p.m., President Clausen declared the Closed session to discuss litigation pursuant to Government Code Sections 54956.9(b) and (c). At 6:30 p.m., President Clausen concluded the closed session and reconvened the meeting into open session. 13. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None 14. ADJOURNMENT There being no further business to come before the Board, President Clausen adjourned the meeting at the hour of 6:30 p.m., to reconvene at 2:00 p.m. on Thursday, December 19, 1991, for a tour of the light industrial/warehouse and RMC Lonestar properties followed by the Regular Board Meeting. President' of the Board of Director~.' Central Contra Costa Sanitary Di rict, County of Contra Costa, State of California COUNTERSIGNED: ,.1 . ., L. ~ U C iYH'Jc S;:e9're ry of the' Centra Contra Còsta Sanitary District, County of Contra Costa, State of California . ;'1~' 12 05 91