The URL can be used to link to this page

Home My WebLink AboutBOARD MINUTES 02-16-89 24 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON FEBRUARY 16,1989 The District Board of the Central Contra Costa Sanitary District convened i n a regul ar meeti ng at its regul ar pl ace of meeti ng, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 3 p.m. on February 16, 1989. President Rainey called the meeting to order and requested that the Secretary call roll. I. ROLL CALL PRESENT: AB SENT: Members: Boneysteele, Dalton, Clausen, Carlson, Rainey Members: None II. PUBLIC COMMENTS None III. APPROVAL OF MINUTES 1. MINUTES OF JANUARY 26,1989 It was moved by Member Dalton and seconded by Member Clausen, that the minutes of January 26, 1989, be approved as presented. There being no objection, the motion was unanimously approved. 2. MINUTES OF FEBRUARY 2,1989 It was moved by Member Dalton and seconded by Member Carlson, that the minutes of February 2, 1989, be approved as presented. There being no objection, the motion was unanimously approved. IV. CONSENT CALENDAR It was moved by Member Clausen and seconded by Member Dalton, that the Consent Calendar, consisting of eight items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Resolution No. 89-013 accepting an easement at no cost to the District from MORAGA PROPERTIES, Pacheco area (Job 707 - Parcel 2) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Cl ausen, Dalton, Boneysteele, Carlson, Rainey NOES: Members: None ABSENT: Membe rs: None 2. Resolution No. 89-014 accepting an easement at no cost to the District from E.M. JIMINEZ, Lafayette area (Job 4142 - Parcel 4 R-l) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Membe rs: Cl ausen, Dalton, Boneysteele, Carlson, Rainey NOES: Members: None ABSENT: Membe rs: None Resolution No. 89-015 accepting an easement at no cost to the District from MESSIAH LUTHERAN CHURCH, Danville area (Job 4587- Parcel 2) was adopted and recording authorized. , Motion unanimously approved on the following vote: ~Ò'¡ 'ti6 .'~9 3. 25 AYES: Members: Cl ausen, Dalton, Boneysteele, Ca rl son, Rainey NOES: Membe rs: None AB~ENT: Members: None 4. The Easement Agreement from Southern Pacific Transportati on Company, Job 4429, was approved at a cost of $435, the President of the District Board of Directors and the Secretary of the District were authorized to execute and record said Easement Agreement, and Resol uti on No. 89-016 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: Cl ausen, Dalton, Boneysteele, Carlson, Rainey NOES: Members: None ABSENT: Members: None 5. The Consent to Dedication to Contra Costa County, Brodia Way, Minor Subdivision 67-87, Job No. 4144, was approved, the President of the District Board of Directors and the Secretary of the District were authorized to execute said document, its recording by Contra Costa County was authorized, and Resolution No. 89-017 was adopted to that effect. ' Motion unanimously approved on the following vote: AYES: Members: Cl ausen, Dal ton, Boneysteele, Carlson, Rainey NOES: Members: None ABSENT: Members: None 6. Authorization was given for P.A. 89-5 (Walnut Creek), P.A. 89-6 (Danville), and P.A. 89-7 (Danville) to be included in a future formal annexation to the District. Motion unanimously approved on the following vote: AYES: Members: Cl ausen, Dalton, Boneysteele, Carlson, Rainey NOES: Members: None ABSENT: Members: None 7. The Board was adv ised of the close out of the Emergency Slide Repai r at No. 12 Evergreen Drive, Orinda (District Project 4000). This item was presented for the Board's information. No action was taken. 8. March 16, 1989, at 3 p.m. was established as the date and time for the public hearing on the draft 1989 Ten-Year Capital Improvement Plan and the proposed Capital Improvement Fee System for Residential Uses. Motion unanimously approved on the following vote: AYES: Members: Cl ausen, Dalton, Boneysteele, Carlson, Rainey NOES: Members: None ABSENT: Members: None CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 0.1 16. '" '" ',: >; ; ",}' . 89 {. . ..,< 26 1. V. ENGINEERING CONDUCT A BOARD WORKSHOP ON THE CAPITAL IMPROVEMENT FEE SYSTEM PROPOSAL FOR NON-RESIDENTIAL USES Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that in some cases very substantial increases were calculated in the non-residenti al uses. In some cases, particul arly with certain residential rates, the calculations resulted in decreases. The fee calculations are based on strength and volume. Mr. Dolan introduced Mr. Robert A. Baker, Deputy Chief Engineer, who provided an overview of the proposed capital improvement fees for non-resi denti al users. Mr. Baker introduced Mr. Jarred Miyamoto-Mill s, Senior Engineer, who reviewed the rate calculation methodology comparing the current fee system with the proposed system. Mr. Miyamoto-Mills summarized the impl ementati on recommendati ons and the al ternatives for mitigating the near-term impacts. Member Carlson recommended that when changes are implemented in the Uniform Building Code, or certain other regulations, the date the plans are approved and stamped be considered the effective date demarking the changed regulations rather than the date the bul1ding permit is issued. The staff recommendation that the District adopt a different effective date from the past practice of changing rates at times of connection is consistent with State and County practices. Mr. Miyamoto-Mills thanked Member Carlson for his recommendation. In closing, Mr. Miyamoto-Nills stated that a new non-residential fee system is needed to fat rly allocate expansion costs between all user groups and to adequately fund the expansion program. The proposed implementation schedule for the new fee system was reviewed. Ms. Jacqueline Zayac, Planning Assistant, reviewed the planned maili ngs and workshops for the residenti al and non- residenti al user groups. Member Carlson voiced his agreement with the staff approach to the fee, calculation based on strength and flow; however, he expressed concern with the cost implications associ ated with some of the factors and requested that additional work be done to substantiate occupancy f~ctors and related measurements. Member Carlson stated that because some of the costs are substantial, they could be anti-growth inducing. Member Carl son expressed concern about the public's need for some of these services such as laundromats. In conclusion, Member Carlson indicated his belief that the staff approach is the proper approach but he expressed his desire to be sure that the results are fair and equitable and that the factors applied are reasonabl e. Mr. Dol an stated that with regard to the occupancy factor issue, flow numbers were validated by actual fiel d experience. Staff will include a sample calculation in the presentation at the public hearing. In addition, staff will review the calculations to ensure their accuracy. Member Clausen expressed support for the staff approach because more equal treatment is given depending on the type of service provided. Member Dalton expresse~ concern with transferring the annexation charges from the Sewer Construction Fund to the Running Expense Fund and requested that this matter be discussed. Mr. Dolan stated that he would calendar the matter on the Engineer's Report for the next Board meeting and an opportunity would be given for a full exchange on the subject. VI. APPROV AL OF EXPENDITURES 1. EXPENDITURE LIST DATED FEBRUARY 16,1989 Member Dal ton, member of the Budget and Fi nance Committee, stated that he and Member Clausen reviewed the expenditures and found them to be sati sf actory. 01 It was moved by the" Exp~nditure .~ ist ...~:: .f.:," ~ '~ 8'9 Member Dalton and seconded by Member Clausen, that dated February 16, 1989, including Running Expense 16 27 Check Nos. 44220-44556, Sewer Construction Check Nos. 6748-6787, and Payroll Check Nos. 15514-15785, be approved as recommended. Following discussion, the motion 'was unanimously approved. VII. BUDGET AND FINANCE 1. RECEIVE JANUARY 1989 FINANCIAL STATEMENTS Mr. Walter Funasaki, Finance Officer, reviewed the results of Operations and Maintenance for the month of January 1989, noting that expenses were $75,000 more than budget, representing 'a 4.0 percent unfavorable variance~' For the seven months ended January 31, 1989, actual expenses were $527,000 1 ess than budget, representing a 4.2 percent favorabl e vari ance. The Di strict's temporary investments were held in collateralized certificates of deposit, Treasury bills and notes, and the District's Local Agency Investment Fund (LAIF) account with interest rates ranging from 6.90 percent to 9.145 percent. The latest i nterest rate as of January 31, 1989, was 9.145' percent. The average yield for the LAIF account through December 30,1988, was 8.563 percent. Mr. Funasaki advised the Board of the recent loss suffered by the investment fund of West Virginia. The fund lost $206 million in princi pal, representi ng approximately 10 percent of the fund's total portfol io. The fund invested in long-term securities of up to 30 years with interest rates of 12 to 14 percent when the yield of other state funds was at eight percent. This occurred in 1987. West Virginia is now considering legislation limiting types of investments available to funds. Mr. Funasaki reported that he rev iewed the Californi a LAIF. The average life of investments held by the California LAIF is 341 days. One year ago the average life was 408 days. Investments are limited by . Cal iforni a State Government Code.' A monthly report of the compl ete investments in the LAIF is published. The District has requested that we be added to the mailing list for that report. Mr. Jay S. McCoy, Construction Division Manager, reported the status of three construction projects. The Dewatering System Improvement Project, No. 3791, is 44 percent complete. $2.5 million has been expended to date. January 15,1990, is the anticipated completion date. Mr. McCoy reported that to date $757,000 has been expended on the 1-680/S~24 Project, No. 4428. The project is 67 percent complete. The anticipated completion date was January 31,1989. The Port Chicago Trunk Sewer Project, No. 4326, is 62 percent complete. To date $164,000 has been expended. The anticipated completion date was November 21, 1988~ Following a brief discussion, President Rainey declared that the January 1989 Financial Statements were duly received. In an effort to expedite items of interest to members of the public, Member Clausen suggested that agenda items relating to expenditures and fi nanci al statements be cal endared 1 ater on the agenda. Ms. Joyce McMill an, Secretary of the Di strict, stated that a resol uti on revisi ng the order of the agenda would be prepared and placed before the Board for consideration. VIII. SOLID WASTE 1. REQUEST FROM VALLEY WASTE MANAGEMENT FOR INCREASE IN RATES TO 'COVER INCREASE AT THE ACME TRANSFER STATION Mr. Dolan, General Manager-Chief Engineer, reviewed the background of the tipping fee and transfer station issue. To date, Acme Fill is still taking some garbage. We have been told that there is some transfer activ ity got ng on as well. As we understand it, the County may have . permitted Acme, through the land use permit, to collect some money at the transfer station for closure of Acme Fill. Valley Waste Management finds itsel f facing higher fees. A great deal more information is needed before a decision can be made as to the reasonableness of those fees. The County's post ti on on rate regul ati on woul d seem to be very important. Mr. Dolan reviewed alternatives available to the District including meetings with the County, Central County cities, and the California Waste ~)I)'~;.' :(I,~ 6 ;." "~9 " ',\7.,J.. '" ,..,E '...?Q 28 Management Board; redirection of the waste to another landfill; Grand Jury involvement; or legal action. Mr. James L. Hazard, Counsel for the District, reviewed Paragraph 8 of the franchise agreement with Valley Waste Management which provides for setting of annual rates unless certain circumstances exist. None of ci rcumstances referenced in the franchise agreement apply in this case. However, this would not precl ude both parties deciding to take action other than in the franchise agreement. Mr. Sanford Skaggs, attorney for Valley Waste Manage~ent, addressed the Board stating that the rate increase at the Acme transfer station was made with approximately three weeks notice. It appears to Valley Waste Management that there are no practical or 1 egal al ternatives to use of the Acme facility. Valley Waste Management would urge the Board to schedule and give serious consideration to interim rate relief. These are unreasonable and extraordinary circumstances. Mr. Skaggs stated that Valley would ask that the Board treat this request as an application under the franchise agreement and that steps be taken to give it a considered hearing and ultimately favorable consideration. Member Clausen asked if Valley Waste Management has made any effort to contact Garaventa or the GBF Landfill to determine if they would take packer trucks until such time as an export agreement is secured. Mr. Skaggs stated that there was some communication some time ago. At that time, Garaventa indicated an ability to take a limited amount of waste, approximately 200 tons of the total 750 tons. No contact has been made recently. It is 'known that there are site constraints which may cause difficul ty with taki ng packer trucks to the GBF site. Member Cl ausen requested that both Valley Waste Management and District staff pursue this matter. It was moved by Member Carlson and seconded by Member Dalton"that a public hearing be scheduled for 7 p.m. on March 16, 1989, to consider an interim rate adjustment for landfill disposal costs and to consider other disposal alternatives. " Prior to the vote on the above motion, Member Boneysteel e stated that he has been a strong advocate of Waste Management in the past. Member Boneysteele indicated that he was impressed by the good management of Waste Management and that he expected them to take some interest in the local ratepayers. Member Boneysteel e stated that he thought Waste Management woul d be part of the sol uti on to the local sol id waste probl em. Now it appears that they will be part of the probl em. Member Boneysteele stated his opinion that there are potential legal challenges to the current situation. In addition, it i s likely that shoul d the Board of Directors decline to hold a public hearing to consider an i nterim rate adj ustment, Waste Management woul d produce an al ternative plan. As Member Boneysteele stated at a previous Board meeting with regard to the recycling issue, a deal is a 'deal. If Valley Waste Management made a miscalculation, as far as he is concerned, they will have to live with it until the next annual rate setting adjustment. President Rainey called for a vote on the above motion to set a public hearing for 7 p.m. on March 16, 1989, to consider an interim rate adjustment for landfill disposal costs and to consider other disposal alternatives. The motion was approved with Member Boneysteele voting no. Member 'Cl ausen suggested that both the District and Valley Waste Management send a letter to Acme Fill demanding information to support the rate increase. Mr. Skaggs agreed to send such a letter. Mr. Dolan stated that he and President Rainey would endeavor to schedul e a meeti ng with the Board of Supervisors prior to the public hearing on March 16,1989. IX. CORRESPONDENCE 1. ACKNOWLEDGE RECEIPT OF LETTER FROM MS. SUNNY L. BRADSHAW CONCERNING THE PLEASANT HILL BAY SHORE DISPOSAL RECYCLING PROGRAM FOR THE AREAS OF CLYDE AND PACHECO AND CONSIDER PROPOSED RESPONSE ..; '0' ~ 1 ~ '<I':' 6 "8" 9 ",.' :. " ',i~' -, " . -' . ", ":. ", ',: ' 29 The Board acknowledged receipt of the letter from Ms. Sunny L. Bradshaw concerning the Pleasant Hill Bay Shore Disposal recycling program for the areas of Clyde and Pacheco and approved the draft response as modified to incorporate reference to the Boy Scouts program and the history of Pleasant Hill Bay Shore Disposal rate increase applications. 2. RECEIVE THE NOTICE OF PREPARATION AND NOTICE OF SCOPING SESSION - ENVIRONMENTAL IMPACT REPORT FOR THE CONTRA COSTA COUNTY SOLID WASTE MANAGEMENT PLAN AND GENERAL PLAN AMENDMENTS FOR CoSWMP LANDFILL SITES ' Receipt of the Notice of Preparation and Notice of Scoping Session- Envi ronmental Impact Report for the Contra Costa County Solid Waste Management Plan and General Plan Amendments for CoSWMP Landfill Sites was noted. Mr. Dolan, General Manager-Chief Engineer, stated that District staff is prepari ng detail ed comments for presentation at the scopi ng session. 3. ACKNOWLEDGE RECEIPT OF LETTER FROM MR. ED SHIREY CONCERNING GARBAGE DISPOSAL COSTS AND CONSIDER PROPOSED RESPONSE The Board acknowledged recei pt of the letter from Mr. 'Ed Shi rey concerni ng garbage di sposal costs and approved the draft response with minor modifications. At the suggestion of the Board, a copy of the letter will be sent to Mr. Denis Cuff at the Contrå Costa Times. 4. LETTER FROM SUPERVISOR NANCY FAHDEN REQUESTING SUPPORT OF THE REV ISED COUNTY SOLID WASTE MANAGEMENT PLAN Members of the Board of Di rectors noted that they had received individual letters from Supervisor Nancy Fahden requesting support of the revised County Solid Waste Management Pl an. Member Boneysteele stated that he prepared a 1 etter referenci ng the status of the Di strict's recycli ng efforts which are requi red to meet the goal s of the draft County Solid Waste Manägement Pl an. Member Boneysteele read the letter for the record. " , X. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None XI. REPORTS 1. GENERAL MANAGER - CHIEF ENGINEER a. The Board of Directors scheduled a joint Board meeting with the Contra Costa Water District Board of Directors to discuss the Joint Water Reclamation Project on Wednesday, March 15, 1989, at Contra Costa Water Di strict, 1331 Concord Avenue, Concord. There w ill be a catered di nner at 5:15 p.m.' The meeting will begin at 6 p.m. b. Mr. Dol an reported that it has been suggested that correspondence with Solano County agencies concerning solid waste export be deferred pending the completion of negotiations. The Board of Directors concurred. c. Mr. Dolan distributed the ~989-1990 Budget Schedule. d. ,Mr. Dol an repófted that 'Mr. Danny Lopez, Maintenance Crew Leader, recently had a miìd 'heart attack and is currently off work. Danny is recovering and we all hope that he will be back to work soon. The Board requested that the Secretary of the District send a note to Danny on their behalf. Ms. McMillan indicated that she would prepare a letter. e. Mr. Dol an announced that CSO employee Anne McLaurin will be featured in an article in the Ladies Home Journal on women in the workpl ace. At the next Board meeti ng we w ill show the United Way video in which Anne participated. President Rainey requested that staff prepare a resolution commending Ms. McLaurin. , . ' , i /;""'Ol '; 16' '.;' ~8( '. "~ ,;" ,,' ... 30 f. Mr. Dol an announced that on February 10, 1989, CSO was the proud recipient of the California Water Pollution Control Association Bay Section award for the best Coll ecti on System Operati ons in a 1 arge agency. g. Mr. Dolan stated that if the Board agrees, he intends to be out of town for the April 20, 1989, Board meeting attending a Water Pollution Control Federation Long Range Planning Committee meeting in Washington, D.C. The Board voiced no objection. h. Mr. Dol an announced that the District was expecti ng to hear from West Contra Costa Sanitary Landfill concerning disposal fees. When we didn't hear from them, staff called them. They indicated that they were still in negoti ati ons with the City of Richmond and woul d get back to us. . 2. COUNSEL FOR THE DISTRICT Mr. Hazard, Counsel for the District; stated that he would be unable to attend the public hearing scheduled for 7 p.m. on March 16, 1989. Mr. Kent Alm will attend in his place. 3. SECRETARY OF THE DISTRICT None 4. BOARD MEMBERS a. President Rainey reported on the County Solid Waste Commission meeting at which a recommendation was endorsed for presentation to the Mayors Conference, recommending that the Mayors Conference proceed with a JPA. b. Member Boneysteele reported that the Regional Recycling Advisory Committee met on February 8, 1989. Updates on the various recycling programs were presented. Supervisor Tom Torl akson made a presentation concerning formation of a Recycling Corps to assist with public education efforts. c. Member Clausen reported that the Solid Waste MOU Committee met on February 10, 1989. Less than hal f the members attended. The Solid Waste Export Committee will meet with Al ameda County on February 17, 1989. d. Member Boneysteele reported that the Personnel Committee met on February 15, 1989. The permit counter staffing issue discussed at the February 2,1989, Board meeting was reviewed again. XII. ANNWNCEMENTS Member Carl son announced that he received a flyer concerni ng the Contra Costa. Water District conference entitled The Delta: The Dialogue Continues. Member Carlson requested that this item be calendared for the next Board meeting. XIII. CLOSED SESSION None XIV. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None »;~O ~ ~; 16:, :.89 ': ". ' ,.. .\ '. 31 xv. ADJ OURNMENT There being no further business to come before the Board, President Rainey adjourned the meeting at the hour of 6:07 p.m. COUNTERSIGNED: ',:'Ol , " 1; 6 to " 8 9