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HomeMy WebLinkAboutBOARD MINUTES 12-19-91 233 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON DECEMBER 19, 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 19.1991. 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 Member Rainey apologized, indicating that she would have to leave the meeting at 5:00 p.m. 2. PUBLIC COMMENTS Mr. Ken Little wished the Board and staff happy holidays and thanked the District for the work done during the past year, Mr, Little addressed the Board on behalf of Pleasant Hill Bay Shore Disposal concerning Paragraph 27 of the franchise agreement relating to disposal capacity. Mr. Little stated that the issue was addressed in March or April 1991, It is pfeasant Hill Bay Shore Disposal's position that they have complied with the franchise agreement. Mr. Little asked that the Board act favorably on the request of Mr. Pezzaglia for extension of the franchise agreement, Item 9.b. on the Board's agenda. 3. AWARDS AND COMMENDATIONS a. ADOPT RESOLUTION COMMENDING DIRECTOR JOHN B. CLAUSEN FOR HIS SERVICE TO CENTRAL CONTRA COSTA SANITARY DISTRICT AS PRESIDENT OF THE BOARD OF DIRECTORS It was moved by Member Dalton and seconded by Member Rainey. that Resolution No, 91-126 be adopted, commending Director John B. Clausen for his service to the District as President of the Board of Directors. The motion was unanimously approved. President Boneysteele presented a framed copy of the resolution to Member Clausen and expressed the thanks of the employees and the Board for a job well done. Mr. Roger J. Dolan. General Manager-Chief Engineer, thanked Member Clausen for a great year and indicated that staff appreciated the direction he provided. 4. CONSENT CALENDAR It was moved by Member Rainey and seconded by Member Starita, that the Consent Calendar, consisting of Items a. through c., be approved as recommended, resolutions adopted as appropriate. and recordings duly authorized. a. Resolution No. 91-127 accepting 'an easement at no cost to the District from Richard Kittrelle, Lafayette area (Job 4852 - Parcel 1) was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: Rainey. Starita. Dalton, Clausen. Boneysteele NOES: Members: None ABSENT: Members: None 12 19 91 234 b. The Clyde Pump Station Improvement Project (DP 4766) was approved with a finding that the project is exempt from the California Environmental Quality Act (CEQA) Guidelines Section 18.3 so that a Notice of Exemption may be filed. Motion unanimously approved on the following vote: AYES: , Members: Rainey. Starita, Dalton, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None c. The Board was advised of the close out of the property acquisition - Lagiss, DP 20065. This item was presented for the Board's information. No action was taken. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Dolan, General Manager-Chief Engineer. requested that Item 9.c., Correspondence, and Item 16.. Closed Session. be taken out of order to accommodate interested persons in the audience. The Board concurred, and President Boneysteele indicated that they would be taken out of order following the public hearing. 5. HEARINGS a. CONDUCT PUBLIC HEARING AND CONSIDER APPROVAL OF A NEGATIVE DECLARATION AND THE COGENERATION PROJECT. DP 10069 Mr. Dolan, General Manager-Chief Engineer. introduced Mr. Jim Belcher. Senior Engineer. who described the proposed Cogeneration Project to produce electrical power and steam for use in the District's wastewater treatment plant operations. The project will consist of a 3.300 kilowatt gas-fueled turbine electrical generator and a heat recovery steam generator. Mr. Dave Reindl, Associate Engineer. stated that the economic benefits of the project, the issue of reliability. safety issues, and environmental issues were all considered with regard to the proposed project. Mr. Reindl reviewed the budget for the proposed project of $5.3 million including pre-design. design, and construction. A net savings of $520,000 is estimated for the first year of operation of the proposed cogeneration facility. Mr. Reindl reviewed the project schedule and stated that completion is expected by late 1994. Mr. Russell Leavitt. Planning Assistant, stated that the environmental impacts of the proposed project were evaluated. Staff has concluded that the use of a Negative Declaration is appropriate since the project will have no significant effect on the environment and no significant mitigation measures are needed other than those measures already incorporated into the project description. Mr. Leavitt stated that one letter was received from the Contra Costa County Community Development Department. A copy of that letter has been included with the position paper. Mr. Charles W. Batts, Plant Operations Department Manager, stated that the proposed Cogeneration Project is an economically feasible project that allows the District maximum utilization of existing facilities. It will be integrated with existing and planned emergency and PG&E energy systems. The Cogeneration Project will provide power at reduced cost as well as providing emergency electrical power for the Plant. Debt financing may be used for the project to preserve the Sewer Construction Fund's current prudent reserve level. Interest rates are favorable at this time and bonds or certificates of participation may be used. The use of debt financing will be considered and brought back to the Board during the Capital Improvement Program/Capital Improvement Bu.dget review and approval process. At 3:40 p.m., President Boneysteele opened the public hearing to receive comments on the Negative Declaration for the proposed Cogeneration Project. There being no comments, the public hear,ing was closed. 12 19 91 235 It was moved by Member Clausen and seconded by Member Rainey, that the Negative Declaration be approved; that the Cogeneration Project. DP 10069. be approved; and that Resolution No. 91-128 be adopted to that effect. Motion unanimously approved on the following roll call vote: AYES: Members: Clausen, Rainey, Dalton, Starita, Boneysteele NOES: Members: None ABSENT: Members: None At this time, President Boneysteele departed on the order of the agenda to consider Item 9.c. to accommodate interested persons in the audience. 9. CORRESPONDENCE c. NOTE RECEIPT OF LETTER FROM MR. RONALD J. PROTO. GENERAL MANAGER OF VALLEY WASTE MANAGEMENT. CONCERNING SECURING LONG-TERM DISPOSAL CAPACITY Mr. Dolan. General Manager-Chief Engineer, stated that District staff understands the complications faced by all the collectors in securing long-term disposal capacity. Mr, Dolan proposed that the Board extend the deadline for securing long-term disposal capacity to July 1, 1992, for all the refuse collectors franchised by the District. It was moved by Member Rainey and seconded by Member Dalton, that the conditions of Paragraph 27 of the District's solid waste franchise agreement relating to securing long-term disposal capacity be extended to July 1, 1992, for all the collectors franchised by the District and that staff so advise the collectors. There being no objection, the motion was unanimously approved. At this time. President Boneysteele proceeded to Item 16, to accommodate interested persons in the audience. 16, CLOSED SESSION a. PERSONNEL MATTERS The closed session was held to discuss personnel matters pursuant to Government Code Section 54957. b. EXISTING LITIGATION The closed session was held to discuss existing litigation pursuant to Government Code Section 54956.9(a). The title of the litigation discussed was Acme Landfill Corporation versus Althin CD Medical, Inc" CCCSD, et ai, U.S. District Court No. C91-4268 VRW. / ( c. 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, At 3:48 p.m., President Boneysteele declared the closed session to discuss personnel matters pursuant to Government Code Section 54957 and litigation pursuant to Government Code Sections 54956.9(a) and (b). At 4:47 p.m., President Boneysteele concluded the closed session and reconvened the meeting into open session. 17. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None At this time, President Boneysteele reverted to the order of the agenda. ',1'2 .'19 91 236 6. BIDS AND AWARDS a. AUTHORIZE AWARD OF CONTRACT TO PERFORMANCE MECHANICAL. INC. AND AUTHORIZE ALLOCATION OF $50.000 FROM TREATMENT PLANT PROGRAM CONTINGENCY ACCOUNT FOR LANDSCAPE POND RECONSTRUCTION PROJECT lDP 10090) Mr. Dolan, General Manager-Chief Engineer, stated that the landscape pond has been dry for several months since problems were encountered with the plastic liner. It is proposed that the plastic liner be replaced with concrete and that minor grading changes be made. Staff recommends that the Board authorize award of the contract for this work to Performance Mechanical, Inc. Following discussion, it was moved by Member Rainey and seconded by Member Starita, that award of contract be authorized to Performance Mechanical, Inc. for $41,400 and that the General Manager-Chief Engineer be authorized to allocate $50,000 from the Treatment Plant Contingency Account to the Landscape Pond Reconstruction Project, DP 10090. Motion approved on the following roll call vote: AYES: Members: Rainey. Starita. Boneysteele NOES: Members: Clausen, Dalton ABSENT: Members: None 7. SOLID WASTE a. ADOPT A MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND THE CITIES OF LAFAYETTE AND ORINDA. AND THE TOWNS OF DANVILLE AND MORAGA FOR AB 939 PLANNING AND IMPLEMENTATION Mr. Dolan, General Manager-Chief Engineer, stated that this matter was reviewed in detail at a previous meeting. It is recommended that the Memorandum of Understanding (MOU) be approved and sent to the Cities of Lafayette and Orinda and the Towns of Danville and Moraga for approval and execution. Following discussion, it was moved by Member Dalton and seconded by Member Rainey, that individual MOUs for AB 939 planning and implementation between the District and the City of Lafayette, the City of Orinda, the Town of Danville, and the Town of Moraga be approved and executed contingent upon approval by the cities and towns; and that staff be directed to send District-executed copies to each of the cities and towns for which the District franchises garbage collection services. requesting consideration of the MOUs. There being no objection, the motion was unanimously approved. 8. LEGALlLlTIGA TION a. DENY CLAIM OF CALRECOVERY INCORPORATED Mr. Dolan. General Manager-Chief Engineer. requested that denial of the CalRecovery Incorporated claim be held for consideration at a future meeting. Mr. Kenton L. Aim. Counsel for the District, stated that CalRecovery Incorporated has agreed to a 45-day extension. The Board concurred that consideration of this matter be deferred. Member Rainey left the meeting at the hour of 4:57 p.m. 9. CORRESPONDENCE a. NOTE RECEIPT OF LETTER FROM MS. SARA M. HOFFMAN. CONTRA COSTA COUNTY SOLID WASTE MANAGER. CONCERNING EXTENSION OF SOLID WASTE FRANCHISING TRANSITIONAL PERMIT UNTIL MARCH 31. 1992 Receipt of the letter from Ms. Sara M. Hoffman. Contra Costa County Solid Waste Manager, concerning extension of solid waste franchising transitional permits until March 31, 1992. was noted. .:: 1:'2 ~)19 91 , 237 b. NOTE RECEIPT OF LETTER FROM MR. JAMES A. PEZZAGLIA REQUESTING EXTENSION OF FRANCHISE AGREEMENT FOR PLEASANT HILL BA YSHORE DISPOSAL Following discussion, the Board noted receipt of the letter from Mr. James A. Pezzaglia requesting extension of the Pleasant Hill Bay Shore Disposal franchise agreement. Because discussions concerning the County taking over this franchise are ongoing, staff was directed to respond that the Board qid not take action on this request at this time. c. NOTE RECEIPT OF LETTER FROM MR. RONALD J. PROTO. GENERAL MANAGER OF VALLEY WASTE MANAGEMENT. CONCERNING SECURING LONG-TERM DISPOSAL CAPACITY This item was taken out of order earlier in the agenda. d. NOTE RECEIPT OF LETTER FROM MR. GEORGE NA VONE. MANAGER OF ORINDA- MORAGA DISPOSAL SERVICE, INC.. REQUESTING REDUCTION IN NUMBER OF CLEAN-UPS: PROVIDE DIRECTION TO STAFF . If the Board wishes to reduce the number of clean-ups, Deputy General Manager Paul Morsen. urged that the Board first poll the public on the next solid waste survey. Mr. Morsen stated that an article advising the public of limitations on size. weight. and types of materials for these pick-ups will be included in the next solid waste newsletter. Following discussion, it was the consensus of the Board that the number of clean-ups not be reduced but that staff work with the collector in providing public ,information concerning limitations on the material that will be accepted at the clean-ups. 10. APPROVAL OF MINUTES a. MINUTES OF NOVEMBER 21. 1991 It was moved by Member Dalton and seconded by Member Starita. that the minutes of November 21. 1991, be approved with the following amendment. On page 6, the following sentence was added at the end of the third paragraph: "President Clausen again expressed his concern about decreasing revenues. II There being no objection, the motion was approved with Member Rainey being absent. 11. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED DECEMBER 19. 1991 Member Clausen, member of the Budget and Finance Committee. stated that he and Member Starita reviewed the expenditures and found them to be satisfactory. It was moved by Member Clausen and seconded by Member Starita, that the Expenditure List dated December 19,1991. including Self-Insurance Check Nos. 100571-100572, Running Expense Check Nos. 64550-64930, and Sewer Construction Check Nos. 10483- 10557. be approved as recommended. Following discussion, the motion was approved with Member Rainey being absent. \ 12. BUDGET AND FINANCE a. RECEIVE NOVEMBER 1991 FINANCIAL STATEMENTS Mr, Walter N. Funasaki, Finance Officer, reviewed the operations and maintenance expenses for the month of November 1991, noting that expenses were $298,000 less than budget, representing a 12,9 percent favorable variance. For the five months ended November 30, 1991, actual expenditures were $818;000 less than budget, representing a 7.3 percent favorable variance. Mr. Funasaki reported that the District's temporary investments were held in Treasury bills and notes and the District's Local Agency Investment Fund (LAIF) account with interest rates ranging from 6.1 percent to 8.726 percent. The latest interest rate at November 9¡ 12,: 1:9 238 30. 1991, was 6.22 percent. The average yield for the LAIF account through October 31,1991, was 6.591 percent. Mr. Funasaki stated that at a previous Board Meeting, it was reported that the Governor signed into law a statute that made clear that funds held by the county for other public entities were held in trust. At that time, Member Boneysteele asked who sponsored that legislation. Mr. Funasaki reported that Butte County was threatened by bankruptcy last year. Butte County sponsored the legislation to make it clear that the funds held by Butte County for other public entities were held in trust and were not available to general creditors. Member Clausen pointed out the revenues are down again. Mr. Dolan, General Manager- Chief Engineer, stated there is $156,000 shortfall in revenues. As a result, the District has tightened its belt and experienced $ 818,000 savings in expenditures. President Boneysteele thanked Mr. Funasaki for his presentation and noted that the November 1991 Financial Statements were duly received. None a. 13. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 14. REPORTS GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, provided an update on Orinda- Moraga Disposal Service. Inc. franchise issues including the green waste composting program, the school recycling promotion program. and the customer newsletter. referencing the December 13. 1991, letter from Mr. Paul Morsen to Mr. W. Douglas Lomow recapping items discussed and actions agreed upon at a meeting between District staff and Messrs. George Navone and John Matheny of Orinda-Moraga Disposal. 2) Mr. Dolan, General Manager-Chief Engineer, distributed the Orinda-Moraga Disposal Service, Inc. rate application and staff analysis. 3) Mr. Dolan distributed the District's Annual Report and Report to the Community. The aoard commended staff on the excellent job and indicated that copies of the Annual Report and Report to the Community should be sent to community leaders. 4) Mr. Dolan reported that a letter has been sent to Etch- Tek imposing an administrative fine for violation of source control requirements. 5) Mr. Dolan announced that he has been requested by the American Academy of Environmental Engineers to consider running for President of that organization in 1993. Discussion followed in which the Board endorsed the request.. . 6) On behalf of the staff. Mr. Dolan thanked the Board for their support during the past year. b. COUNSEL FOR THE DISTRICT None c, SECRETARY OF THE DISTRICT None d. BOARD MEMBERS 1 ) 12. Member Clausen reported that Councilmember Mary Lou Oliver, of the City of San Ramon, has been elected Chair of the Central Contra Costa Solid Waste Authority. The Central C.ontra Costa Solid Waste Authority has -, 1:"9 91 239 passed a resolution authorizing compensation for Authority Board Members of $50 per meeting for Board Meetings, not to exceed two meetings per month. 2) President Boneysteele distributed the list of Board Committee assignments for 1992 as follows: STANDING COMMITTEES: Budaet and Finance Committee * John B. Clausen Joseph M. Starita Caoital Projects Committee * Parke L. Boneysteele William C. Dalton Personnel Committee * Joseph M. Starita Parke L. Boneysteele AD HOC COMMITTEES: CCCSD/CCWD Water Reclamation Committee * Parke L. Boneysteele William C, Dalton Recyclina and Household Hazardous Waste Advisorv Committee * William C. Dalton Joseph M. Starita Solid Waste Committee * Susan McNulty Rainey John B. Clausen Tri-Valley Wastewater Authority (TWA) Committee * John B. Clausen Susan McNulty Rainey * First named Board Member will serve as Committee Chair. REPRESENTATIVES: Board Liaison to Cities and Countv Concord, Pleasant Hill, Pacheco Danville, Alamo, San Ramon Lafayette, Walnut Creek Martinez, Contra Costa County Orinda. Moraga Joseph M. Starita John B. Clausen Parke L. Boneysteele William C. Dalton Susan McNulty Rainey Central Contra Costa Solid Waste Authoritv Susan McNulty Rainey John B. Clausen William C. Dalton - alternate 12 1.9 91 240 Contra Costa Solid Waste Authority Susan McNulty Rainey John B. Clausen - alternate Sanitation and Water Aaencies of Contra Costa County Susan McNulty Rainey Solid Waste Excort MOU Recresentative John B. Clausen AB 939 Task Force Recresentative Susan McNulty Rainey 3) Member Clausen reported on the Solid Waste Export Committee meeting with Alameda County representatives on December 12. 1991. 15. ANNOUNCEMENTS None 16. CLOSED SESSION This item was taken out of order earlier in the agenda. 17. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION This item was taken out of order earlier in the agenda. 18. ADJOURNMENT There being no further business to come before the Board, President Boneysteele adjourned the meeting at the hour of 5:54 p.m. to reconvene at 3 p.m. on January 9, 1992, for an Adjourned Regular Meeting. President of the Board of Directo , Central Contra Costa Sanitary strict, County of Contra Costa, State of California COUNTERSIGNED: .~. ¿ 1 ----f'i¡1 u ./Jfjt<'f"t. S~cr}eti;Ary of the Centra Contra C'bsta Sanitary District, County of Contra Costa, State of California 12 1'9 91