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HomeMy WebLinkAboutBOARD MINUTES 04-06-89 52 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON APRIL 6,1989 The District Board of the Central Contra Costa Sanitary District convened in a regul ar meeti ng at its regul ar pl ace of meeti ng, 5019 Imhoff Pl ace, Marti nez, County of Contra Costa, State of Cal iforni a, at 3 p.m. on April 6,1989. President Rainey called the meeting to order and requested that the Secretary call roll. I. ROLL CALL PRESENT: ABSENT: Members: Boneysteele, Dalton, Clausen, Carlson, Rainey Members: None II. PUBLIC COMMENTS Mr. Ken L i ttl e, attorney representi ng Ori nda-Moraga Di sposa 1 Service, Inc., commented on the April 3, 1989 letter from Richmond Sanitary Service to Orinda-Moraga Disposal Service concerning implementation ,of a surcharge for disposal of waste at the West Contra Costa Sanitary Landfill effective April 11,1989. President Rainey indicated that this matter would be calendared for consideration by the Board of Directors at their next meeting. Mr. Roger J. Dol an, General Manager-Chief Engi neer, stated that i n the meantime staff would advise Mr. Little of the Board's recent action in response to a similar situation faced by Valley Waste Management. . III. AWARDS AND COMMENDATIONS 1. PRESENTATION OF COLLECTION SYSTEM OF THE YEAR AWARD Mr. Dolan introduced Mr. John A. Larson, Collection System Operations (CSO) Department Manger. Mr. Larson stated that for the last two years the Californi a Water Poll uti on Control Associ ati on (CWPCA) has given the Collection System of the Year Award to the agency that makes the most significant advances towards excellence. The Central Contra Costa Sanitary District CSO Department received the CWPCA Bay Section Collection System of the Year Award for strides made in the areas of safety, productivity, professionalism, and public service orientation. The District is currently in the running for the State-wide award. Mr. Larson indicated that winning this award was made possible by the support . of the Board of Directors and the entire District. Mr. Larson presented the CWPCA Collection System of the Year plaque to President Rainey. President Rainey commended the CSO Department for this honor and complimented the CSO Department employees for their representation of the District to members of the public. IV. HEARINGS 1. CONDUCT A PUBLIC HEARING TO CONSIDER THE RECYCLING PROGRAM PROPOSED BY ORINDA-MORAGA DISPOSAL SERV ICE, INC. AND DETERMINE THE IMPLEMENTATION OF THE PROGRAM President Rainey indicated that the purpose of this public hearing is to receive public comments regarding the recycling program proposed by Ori nda-Moraga Di sposal Serv ice, Inc. for the communiti es of Ori nda and Moraga. Mr. Dolan introduced Mr. Alan Milner, of 3R Recycling. Mr. Milner designed the proposed recycling program for Orinda-Moraga Disposal Service. Mr. Milner reported that he is in the process of implementing eleven recycling programs in cities in California. It is anticipated that the Ó4~ 0 fl .- .~'.' {c'. . '. <C 891 53 Orinda-Moraga program will be a fine program. The program projections are realistic; there is an excellent working relationship between District staff and the collector and the program has been enthusi astically received by the Ori nda and Moraga communi ti es. Mr. Mi 1 ner bri efly rev tawed the proposed recycl i ng program. Three stacki ng containers will be provided. Recyclables will be collected weekly on the ,same day as the regular garbage service. The material collected will be transferred to Marti nez or Concord rather than a processi ng center in Moraga as originally discussed. There is strong community support in both Orinda and Moraga for the proposed recycling program and that is the key to making the program successful. At 3:17 p.m. President Rainey opened the public hearing to receive comments on the recycli ng program proposed by Ori nda-Moraga Di sposa 1 Service, Inc. for the Orinda and Moraga communities. Mr. Dennis Myrick, 169 Natal ie Drive, Moraga, addressed the Board stating that he is very much in favor of the recycling program. Mr. ~rick stated that there is an opportunity for some money to be collected from the sale of recycled material. Mr. Myrick asked whether the proposed recycling program could be designed to be self-liquidating based on the sale of the recycled materials and the savings in hauling. President Rainey stated that both the markets and the proceeds from sales will be evaluated after three months. Mr. Dolan, General Manager-Chief Engineer, stated that the projected monthly customer cost range of $.23 to $1.03 is the result of analysis where the variable is the participation in the community. The level of participation is not known at this time. However, Mr. Myrick is correct. There is a potential savings factor that is the money from the sale of the materi ale . Mr. Myrick stated further that another area of potential savings is weekly pickup. It may be more economical to pick up every two weeks or monthly. ,Mr. Dolan indicated that in communities where they have collected 1 ess frequently than once a week, it has been found that peopl e forget when it is time to recycle and consequently, there is less participation. Mr. Paul Schindler, Jr., 23 Greenwood Court, Orinda, stated that there is a great deal of support for the recycling program. Mr. Schindler stated that curbside recycling is an excellent idea and he expressed support for dot ng i t on the same day as regul ar garbage collection. Mr. Schindler stated that the arguments for weekly collection seem compelling. Even if weekly collection raises the rates, it is a good idea. Mr. Edward Staab, 126 Whitethorne Drive, Moraga, questioned the need for a rate increase to cover the cost of recycl ing since the homeowner will do the separation now being done by someone else. Mr. Staab stated that he has used local recycling locations for years. Obviously there is some financial benefits to be had from putting the materials in a usable form, but why should the homeowners have to pay for it? Member Cl ausen stated that the program is compelled by State 1 awe In addition, disposal space in Contra Costa County is very limited. We are now negotiating with Alameda County to take our garbage to Altamont. In order to do that, Contra Costa County must have curbside recycling in pl ace. Mr. Dol an stated that source separation is not now bei ng done. It is now all going into a packer truck, hauled to a landfill and buried. It is not being recycled. The recycling now being done is being done by people like Mr. Staab. The increased cost is for the truck to go into the communities and collect the material. President Rainey asked if there was anyone 'else who wished to comment on this item. Member represented Boneysteele stated 'that the Town of Moraga was to have been by Ms. Margaret De Priester. Ms. De Priester is out of the "'0" "~'O.,;6. ~8.,9 \ l'* ::,' ;:,> t, ;,:: 54 area and unable to attend this public hearing. Councilmember Jim Sweeny was al so unabl e to attend. Council member Sweeny asked that a statement be made on behalf of the Town of Moraga supporting the proposed recycling program. The Town of Moraga has supported the recycli ng program by adoption of a resolution. It was noted for the record that correspondence i n support of the proposed recycling program was received from Ms. Nelda Rego. Mr. Paul Morsen, Deputy General Manager, presented the staff recommendation that the recycling program proposed by Orinda-Moraga Disposal Service for the communities of Orinda and Moraga be implemented as soon as the equipment is available. Because of a delay in the aval1abl1ity of recycling containers and trucks, it appears that August or September of this year would be a realistic implementation date. There being no further comments, President Rainey closed the public hearing at the hour of 3:40 p.m. and returned the matter to the Board for deliberati on. Member Boneysteele stated that he has been associated with recycling since it was an election issue in 1971. At that time Member Boneysteele chaired a committee that studied recycling and prepared a report. Most of the committee's recommendations were not implemented because recycling would not pay for itself. In addition, Member Boneysteele noted in his work with the Boy Scouts that even with contributed trucks, gasoline, and 1 abor, there were times when the Boy Scouts' recycli ng program di d not make money. Member Boneysteel e stated that if recycling was economical in a free economy, someone would be doing it; but is not, so it will require a subsidy. Furthermore, export of Contra Costa County waste to other counties requires that curbside recycling programs be in place. It was moved by Member Boney steel e and seconded by Member Carl son, that authorization be given for implementation of the recycling program proposed by Orinda-Moraga Disposal Service for the communities of Orinda and Moraga as soon as feasible. There being no objection, the motion was unanimously approved. President Rainey thanked those who came to testify for tak,ing the time to come. Mr. Dol an thanked Mr. George Navone, of Orinda-Moraga Di sposa 1 Serv ice, and his consul tant Mr. Alan Mil ner. Mr. Dolan stated that they have been responsive, cooper'ative, and innovative in their approaches. 2. CONDUCT A PUBLIC HEARING TO RECEIVE CQMt£NTS ON THE PROPOSED CAPITAL IMPROVEMENT FEE SYSTEM FOR NONRESIDENTIAL DEVELOPMENT' Mr. Dolan introduced Mr. Jarred Miyamoto-Mills, Senior Engineer, who stated that as the Board is aware, detailed presentations have been made on the 1989 Ten-Year Capital Improvement Plan and Capital Improvement Fee System and a public heart ng was hel d on the Capital Improvement Fee System to Residential Development. Mr. Miyamoto-Mills reviewed the background of the proposed Capital Improvement Fee System and the current and proposed systems. The current system will not generate adequate funds to fund the Capital Improvement Pl an. In addition, many changes have occurred over the years that affect the District's fee system. Mr. Miyamoto-Mills reviewed the basis of the proposal for non-residential fees, the calculation, and the methodology. The average flow computation, the flow and strength relationships, and the basis for each were reviewed. Mr. Miyamoto-Mills provided a fee comparison and highlighted the range of increase for different user groups or business enterpri sese The al ternatives for mitt gati ng the near-term fee impact were di scussed. In cl osi ng, Mr. Miyamoto-Mill s stated that a new Non-Residential Development Fee System is' needed to fairly allocate expansion costs between all user groups. President Rainey indicated that she was contacted by a member of the public who was interested in developing a laundromat in the District but had changed his mind because of the proposed changes in the fee system. Mr. Miyamoto-Mills reviewed the Proposal as it relates to laundromats and indicated that the increase in fees would be made on a proportional basis. Staff would be happy to respond to questions of individual ?O:4 <0:>6 8;,:9 55 developers or give quotes as to the impact of the proposed fee system on a particular development. At 4:12 p.m., President Rainey opened the public hearing to receive comments on the proposed Capital Improvement Fee System for Non-Residential Development. Mr. Louie Gonzalez, 47400 Kato Road, Fremont, addressed the Board representing 242 Safeway stores in Northern California and Nevada. Mr. Gonzal ez stated that Safeway uses five- to ten-year advance pl anni ng projections for additions to existing stores and building new stores. The increase in costs, even though they are one-time costs, could jeopardize the store being built or remodeled. All stores are self-supporting and receive no subsidies. If it is more economical to ,build a store in a different area, Safeway will. Mr. Gonzalez encouraged the Board to consider mitigation by implementing the new fee system in stages in the range of one to three years. Mr. Frank Moffett, 1807 Tri bute Road, Sacramento, addressed the Board representi ng the Northern Cal iforni a Grocers Associ ati on. Mr. Moffett quest; oned chargi ng a new fee when a store is remodel ed or improved. Stores must improve to stay in competition and it seems that the proposed fee system would penalize those stores. A non-competitive situation would also be created with stores in nearby areas that are not charged these fees. It woul d seem that business may be subsi diz i ng residential. Mr. Moffett stated that it would be more equitable to have an annual graduated increase rather than a one-time increase in fees. Mr. James Kelly, Planning Division Manager, stated that staff has been very careful to have both resi denti al and bust ness pay the same amount of money for equivalent flow and strength. Mr. William L. Scarbrough, 2280 Diamond Boulevard, Suite 310, Concord, addressed the Board on behal f of Burger Ki ng. Mr. Scarbrough stated that he hoped the previous speakers are successful in mitigating the costs that are proposed. Mr. Scarbrough supported mitigating the timing of the increases indicating that the development process is a long and arduous one.' For that reason, Mr. Scarbrough asked that implementation of the proposed fee system be staggered over a period of time of perhaps one to three years. In addition, Mr. Scarbrough requested that the Board consider planning or construction permit approval as the effective date for implementation of the fee. Mr. Bill Rankin, 3 Crow Canyon Court, San Ramon, addressed the Board representi ng CF Marts of Californi a. Mr. Ranki n stated that grocery stores in California are in an extremely competitive situation. Rent and all expenses are very important. Mr. Rankin requested that consideration be given to phasing the implementation of the fee system as a mitigation measure. President Rainey requested additional comments from members of the public. There bel ng none, Mr. Dol an reviewed the staff recommendati on and mitigation proposal for collection of the fees. In the alternative proposa 1, the fee sy stein woul d appl y onl y to bUll di ng permits issued after July 1989. Those proj ects al ready under construction woul d not be requi red to pay new rates so a degree of phasi ng i s part of the a 1 ternati ve. Mr. James L. Hazard, Counsel for the District, stated that the fees for the fi rst year woul d be used to pay a portion of the costs of the Stage 5B Expansion and the San Ramon Valley Trunk Project. These are proj ects for which the CEQA process has been compl eted. Mr. Miyamoto-Mills indicated that is correct. Capacity was provided in those projects for future users and EIRs were done for the projects. Mr. Scarbrough stated that if a project has been approved by all the necessary agencies, it still may not be possible to get the permits by July 1989. Member Carlson concurred and stated that he would be in favor of some mitigation. This issue was discussed at the committee level and staff attempted to address this issue. We are trying to identify an acceptable arrangement to provide the necessary service. This mitigation must be equitable with residential fees. If implementation of the system . '.,0' 4 :,,'.Q6 t4." 89 ~ ';-' _..;~'; , ;- 't. ':, ~ ~ ".' , - ,,- " 56 is phased, there must be greater increases at some later point to sustain the necessary service. Mr. Dolan stated that the proposed program would require annual rate increases in any case. There bet ng no further questions or comments, Prest dent Rainey closed the public hearing at the hour of 4:42 p.m. Mr. Miyamoto-Mills stated that staff did look at alternatives for staged impl ementati on of the fees. Mr. Miyamoto-Mill s reviewed the possible impacts of phased implementation. Board discussion followed concerning phased implementation of the proposed Capital Improvement Fee System. Mr. Hazard, Counsel for the District, stated that if the Board determines in their legislative judgment that impl ementati on of the Fee System shoul d be phased over a two-year period, that it be done now with two tables. That may result in less revenue being generated because of the delay. That loss of revenue can be raised in a future year to make up for the revenue shortfall. It was moved by Member Carlson and seconded by Member,Dalton, that staff be directed to prepare proposals for implementation of the proposed Capital Improvement Fee System for Non Residential Development for consideration on May 4,1989, which would phase the implementation in two phases, the first on July 1, 1989, and the second on July 1, 1990; District approval of plans for construction will be used as the effective fee implementation date. Following further discussion of phased implementation, the above motion was approved on the following roll call vote: AYES: Members: Carlson, Dalton, Rainey NOES: Members: Boney steel e, Cl ausen ,AB SENT: Members: None Members Boneysteele and Clausen voted no because they were opposed to the phasedimpl ementati on feature. Member Carl son commended staff for the excellent job they did in providing a basis for establishment of the Capital Improvement Fee System. Member Carl son stated that he was satisfied' with the work effort and that the proposed fees are reasonable. Mr. Dolan briefly recapped the alternatives discussed by the Board for the impl ementati on of the Capital Improvement Fee System' and indicated that staff would prepare the requested proposals for consideration by the Board on May 4,1989. Prest dent Rai ney commended staff for the thorough presentation and thanked the members of the public for their interest and comments. At 5:15 p.m., President Rainey declared a recess, reconvening at the hour of 5:22 p.m. 3. HOLD PUBLIC HEARING ON INHABITED DISTRICT ANNEXATION 106-D AS AMENDED BY THE LOCAL AGENCY FORMATION COMMISSION (LAFCO) AND CONSIDER THE NEGATIVE DEQARATION BY LAFCO Mr. Dolan, General of this publ.ic hearing owners before acti ng on Dol an stated that staff annexation. Manager-Chief Engineer, stated that the purpose i s to consi der testimony of affected, property the proposed annexation amended by LAFCO. Mr. is not aware of any objections to the proposed At 5:25 p.m., President Rainey opened the public hearing to consider inhabited District Annexation 106-D as amended by LAFCO. There being no comments either in favor of or in opposition to the proposed annexation, the public hearing was closed. It was moved by Member Clausen and seconded by Member Carlson, that Resolution No. 89-023 be adopted, certifying that the Board has reviewed the Negative Declaration, ordering the filing of a Notice of Determination as a responsible agency stating that the Board considered the Negative Declaration and concurs with the adoption of said Negative '~"~'Ø4 >}Ø'6 l'S9 57 Declaration by LAFCO, and ordering annexation of the territory contained in inhabited District Annexation 106-D as amended by LAFCO~ Motion unanimously approved on the following vote: AYES: Members: Cl ausen, Ca rl son, Boney steel e, Dalton, Rainey NOES: Members: None AB SENT: Members: None 4. HOLD PUBLIC HEARING ON UNINHÆITED DISTRICT ANNEXATIONS 106-B, 106-C. 106-E. 106-F. 106-G, and 106-H AS AMENDED BY THE LOCAL AGENCY FORMATION COMMISSION (LAFCO) AND CONSIDER THE NEGATIVE DECLARATION' BY LAFCO President Rainey indicated that the purpose of this publ ic hearing is to consider testimony of affected property owners before acting on the proposed annexations amended by LAFCO. At 5:26 p.m., President Rainey opened the public hearing to consider uni nhabited Di strict Annexations 106-B, 106-C, 106-E, 106-F, 106-G, and 106-H as amended by LAFCO. There being no comments either in favor of or in opposition to the proposed annexations, the public hearing was closed. It was moved by Member Dalton and seconded by Member Clausen, that Resol ution Nos. 89-024, 89-025, 89-026, 89-027, 89-028, and 89-029 be . adopted, certifying that the Board has reviewed the Negative Declaration, ordering the filing of the Notice of Determination as a responsible agency stating that the Board considered the Negative Declaration, concurri ng with the adoption of the Negative Decl arati on of LAFCO, and orderi ng annexation of the territory contai ned i n uni nhabi ted Di stri ct Annexations 106-B, 106-C, 106-E, 106-F, 106-G, and 106-H as amended by LAFCO. Motion unanimously approved on the following vote: AYES: Members: Da 1 ton, Cl ausen, Boney steel e, Carl son, Rainey NOES: Members: None ABSENT: Members: None 5. HOLD PUBLIC HEARING ON UNINH,ABITED DISTRICT ANNEXATIONS 107-B, 107-C, AND 107-D AS AMENDED BY THE LOCAL AGENCY FORMATION COMMISSION' (LAFCO) AND CONSIDER THE NEGATIVE DEQARATION BY LAFCO At 5:27 p.m., President Rainey opened the public hearing to consider uninhabited District Annexations 107-B, 107-C, and 107-D as amended by LAFCO. There being no comments either in favor of or in opposition to the proposed annexations, the public hearing was closed. It was moved by Member Dalton and seconded by Member Carlson, that Resolution Nos. 89-030, 89-031, and 89-032 be adopted, certifying that the Board has reviewed the Negative Declaration, ordering the filing of a Notice of Determination as a responsible agency stating that the Board considered the Negative Declaration, concurring with the adoption of the Negative Declaration of LAFCO, and ordering annexation of the territory contained in uninhabited District Annexations 107-B, 107-C, and 107-D as amended by LAFCO. Motion unanimously approved on the following vote: A YES: Members: Dalton, Ca rl son, Boney stee 1 e, Cl ausen, Rainey NOES: Members: None ABSENT: Members: None 6. HOLD PUBLIC HEARING ON UNINH,ABITED DISTRICT ANNEXATION 107-E (MAGEE DIABLO RANQ-I) AS At.£NDED BY THE LOCAL AGENCY FORMATION COMMISSION (LAFCO) AND CONSIDER THE FINAL ENVIRONMENTAL IMPACT REPORT AS PREPARED BY THE TOWN OF DANVILLE At 5:28 p.m., President Rainey opened the public hearing to consider uninhabited District Annexation 107-E (Magee Diablo Ranch) as amended by 04 06 Q9." \7. ., 58 LAFCO. There bei ng no comments ei ther i n favor of or i n opposi ti on to the proposed annexation, the public hearing was closed. It was moved by Member Carlson and seconded by Member Dalton, that Resolution No. 89-033 be adopted, certifying that the Board has reviewed the Fi nal Env i ronmental Impact Report (FEIR) prepared by the Town of Danville, ordering the filing of a Notice of Determination as a responsible agency stating that the Board considered the FEIR, adopting the proposed findings of staff, and ordering the annexation of the territory contained in uninhabited District Annexation 107-E (Magee Di abl 0 Ranch) as amended by LAFCO. Motion was unanimously approved on the following vote: AYES: Members: Carl son, Dalton, Boneysteele, Clausen, Rainey NOES: Members: None æSENT: Members: None Prest dent Rai ney commended staff on the organizati on of. the 1 arge vol ume of materi al rel ati ngto the annexations. V. CONSENT CALENDAR Following discussion of Consent Calendar Items 20 and 25, it was moved by Member Dal ton and seconded by Member Cl ausen, that the Consent Calendar, consisting of thirty items, be approved as recommended, resolutions adopted as appropriate, and recordings duly author1zed. 1. Resolution No. 89-034 accepting an easement at no cost to the Di strict from N. E. BOTTORFF, et al, Wal nut Creek area (Job 4011 ext. - Parcel l(R-l) was adopted and recording authorized. Motion approved on the following vote: A YES: Members: Dalton, Cl ausen, Boney steel e, Carl son, Ra i ney NOES: Members: None ,AB SENT: Members: None 2. at no cost to the (Job 4410 - Parcel Motion approved on the following vote: A YES: Members: Dalton, Cl ausen, Boney steel e, Carl son, Ra i ney NOES: Members: None ,AB SENT: Members: None 3. Resolution NO. 89-036 accepting an easement at no cost to the Di strict from CRESTMONT DEVELOPMENT COMPANY, Ori nda area (Job 4410 - Parcel 10) was adopted and recording authorized. . Motion approved on the following vote: A YES: Members: Dal ton, Cl ausen, Boney steel e, Carl son, Ra i ney NOES: Members: None æSENT: Members: None 4. Resol uti on No. 89-037 accepti ng an easement at no cost to the District from S. D. DAlKER, et ux, Lafayette area (Job 4588, - Parcel 3) was adopted and recording authorized. Motion approved on the following vote: 04 06 89 59 AYES: Members: Dal ton, Clausen, Boneysteele, Carl son, Ra i ney NOES: Members: None ABSENT: Members: None 5. Resolution No. 89-038 accepting an easement at no cost to the District from H. ALLYN WARNER, et ux, Lafayette area (Job 1557 - Parcel 14-A (R-1» was adopted and recording authorized. Motion approved on the following vote: AYES: Members: Dalton, Cl ausen, Boney steel e, Carl son, Rainey NOES: Members: None AB SENT: Members: None 6. Resolution No. 89-039 accepting an easement at no cost to the District from E. A. CRAGHOLM, JR., et ux, Lafayette area (Job 1557 - Parcel 14 (R-l» was adopted and recording authorized. Motion approved on the following vote: AYES: Members: Dalton, Cl ausen, Boney steel e, Carl son, Rainey NOES: Members: None ABSENT: Members: None 7. Resolution No. 89-040 accepting an easement at no cost to the Di strict from H&M INVESTMENTS, INC., Wal nut Creek area (Job 4342 - Parcel 3) was adopted and recording authorized. Motion approved on the following vote: AYES: Members: Da 1 ton, Clausen, Boneysteele, Carlson, Rainey NOES: Members: None ,AB SENT: Members: None 8. Resolution No. 89-041 accepting an easement at no cost to the District from R. GILARDI, et ux, Lafayette area (Job 1233 - Parcel 3A) was adopted and recording authorized. Motion approved on the following vote: AYES: Members: Dal ton, Cl ausen, Boney steel e, Carl son, Rainey NOES: Members: None AB SENT: Members: None 9. Resol uti on No. 89-042 accepti ng an easement at no cost to the District from H. M. EVANS, et al, Clyde area (Job 4546 - Parcel 2) was adopted and recording authorized. Motion approved on the following vote: A YES: Members: Dalton, Cl ausen, Boney steel e, Carl son, Ra i ney NOES: Members: None ABSENT: Members: None 10. Resol uti on No. 89-043 accepti ng an easement at no cost to the District from J. C. CONRAD, et ux, Alamo area (Job 4603 - Parcell) was adopted and recording authorized. Motion approved on the following vote: 0 .', ': 0 6 ',~ - . 89i 60 13. 16. AYES: Members: Da 1 ton, Clausen, Boneysteele, Carl son, Ra i ney NOES: Members: None ,AB SENT: Members: None 11. Resol uti on No. 89-044 accepti ng an easement at no cost to the District from THE PRICE Qua, Concord area (Job 3669 - Parcel 2) was adopted and recording authorized. Motion approved on the following vote: AYES: Members: Dal ton, Clausen, Boneysteele, Carl son, Ra i ney NOES: Members: None ABSENT: Members: None 12. Resol uti on No. 89-045 a,ccepti ng an easement at no cost to the District from 318 DIABLO ROAD ASSOCIATION, Danville area (Job 4580 - Parcel 2) was adopted and recording authorized. Motion approved on the following vote: AYES: Members: Dalton, Clausen, Boneysteele, Carl son, Rainey NOES: Members: None ,ABSENT: Members: None Resolution No. 89-046 accepting an easement at no cost to the District from J. MALONEY, Danvil1e area (Job 4580 - Parcel 3) was adopted and recording authorized. Motion approved on the following vote: AYES: Members: Da 1 ton, Cl ausen, Boney steel e, Carl son, Rainey NOES: Members: None ABSENT: Members: None 14. Reso 1 ut i on No. 89-047 accepting an easement at no cost to the Di stri ct from PLEASANT HILL RECREATION AND PARK DISTRICT, , Pl easant Hill area (Job 4464 Parcel 4) was adopted and recording authorized. Motion approved on the following vote: AYES: Members: Dal ton, Cl ausen, Boney steel e, Carl son, Ra i ney NOES: Members: None AB SENT: Members: None 15. Resolution No. 89-048 was adopted concurring with and adopting the Negative Declaration of LAFCO, certifying that the Board has reviewed the Negative Declaration, ordering the filing of the Notice of Determination as a responsi bl e agency stati ng that the Di strict considered the Negative Declaration as prepared by LAFCO as required, and ordering completion of District Annexation No. l06-A. Motion approved on the following vote: AYES: Members: Dal ton, Clausen, Boneysteele, Ca rl son, Rainey NOES: Members: None AB SENT: Members: None Resolution No. 89-049 was adopted concurring with and adopting the Negative Decl aration of LAFCQ, certifying that th,e Board has reviewed and considered the Negative Declaration, ordering the 04' ;.> 0':6"':; S'~ .,/'; "'. ~ tOg:.': ','" - , " , , 61 filing of the Notice of Determination as a responsible agency stati ng th at the Di stri ct consi dered the Negati ve Decl arati on as prepared by LAFCO as required, and ordering the completion of District Annexation No. 107-A. Motion approved on the following vote: AYES: Members: Da 1 ton, Clausen, Boneysteele, Carl son, Rainey NOES: Members: None ,ABSENT: Members: None 17. Quitclaim Deed to Ellsworth A. Cragholm, et ux, Job 1557 - Parcel 14) was approved, the President of the District Board of Directors and the Secretary of the Di stri ct were authorized to execute and record said Quitclaim Deed upon completion of the replacement sewer, and Resolution No. 89-050 was adopted to that effect. Motion approved on the following vote: AYES: Members: Dalton, Cl ausen, Boney steel e, Carl son, Rainey NOES: Members: None ABSENT: Members: None 18. Quitclaim Deed to H. Allyn Warner, et ux, Job 1557 - Parcel 14A,. was approved, the President of the District Board of Directors and the Secretary of the District were authorized to execute and record said Quitclaim Deed upon completion of the replacement sewer, and Resolution No. 89-051 was adopted to that effect. Motion approved on the following vote: AYES: Members: Da 1 ton, Clausen, Boneysteele, Carl son, Rainey NOES: Members: None ABSENT: Members: None 19. Quitclaim Deed to Thomas B. Fisher, et ux, Job 1564, was approved, the President of the District Board of the Directors and the Secretary of the District were authorized to execute and record said Quitcl aim Deed, and Resol uti on No. 89-052 was adopted to that effect. Motion approved on the following vote: AYES: Dalton, Clausen, Boneysteele, Carlson, Rainey Members: NOES: Members: None ,ABSENT: Members: None 20. Quitcl aim approved, Secretary Quitcl aim effect. Deed to Patrick J. McKillop, et ux, Job 4005, was the President of the District Board of Directors and the of the District were authorized to execute and record said Deed, and Resol uti on No. 89-053 was adopted to that Motion approved on the following vote: AYES: Members: Da 1 ton, Cl ausen, Boney steel e, Carl son, Rainey NOES: Members: None ABSENT: Members: None 21. Quitclaim Deed to Norman E. Bottorff, et al, Job 4011, was approved the President of the District Board of Directors and the Secretary of the District were authorized to execute and record said Quitclaim Deed, and'Resolution No. 89-054 was adopted to that effect. 04,,:: Q,~~" 8,9, "'-" .' ลก. ~.. ';'." 62 Motion approved on the following vote: AYES: Members: Dal ton, Cl ausen, Boney steel e, Carl son, Rainey NOES: Members: None ABSENT: Members: None 22. Quitclaim Deed to Randall G. Colombo, et ux, Job 4142, was approved, the President of the District Board of Directors and the Secretary of the District were authorized to execute and record said Quitclaim Deed, and Resolution No. 89-055 was adopted to that effect. Motion approved on the following vote: AYES: 'Members: Dalton, Cl ausen, Boney steel e, Carl son, Rainey NOES: Members: None ,ABSENT: Members: None 23. Quitclaim Deed to H&M Investments, Inc., Job 4342, was approved, the President of the District Board of Directors and the Secretary of the Di strict were authorized to execute and record said Quitcl aim Deed upon completion of the replacement sewer, and Resolution No. 89-056 was adopted to that effect. Motion approved on the following vote: AYES: Members: Dal ton, Cl ausen, Boney steel e, Carl son, Rainey NOES: Members: None ,ABSENT: Members: None 24. Authorization was givení for P.A. 89-9 (Alamo) and P.A. 89-10 (Martinez) to be included in a future formal annexation to the Di strict. Motion approved on the following vote: AYES: Members: Dalton, Cl ausen, Boney steel e, Carl son, Rainey NOES: Members: None ABSENT: Members: None 25. Resolution No. 89-057 was adopted authorizing the Department of General Services of the State of California to purchase nine vehicles for the District. Motion approved on the following vote: AYES: Members: Dal ton, Cl ausen, Boney steel e, Carl son, Ra i ney NOES: Members: None ABSENT: Members: None 26. Resolution No. 89-058 was adopted supporting Assembly Bill 680 <Baker), establishing a reclaimed water demonstration project for freeway irrigation along Route 680. Motion approved on the following vote: AYES: Members: Dal ton, Cl ausen, Boney steel e, Carl son, Rainey NOES: Members: None ,AB SENT: Members: None , , . . , ' ,- , " - (14"'" 0' 6~ ir 8~ 63 27. May 4,1989, was established as the date for a public hearing on the ordinance to establish the proposed Capital Improvement Fee System. Motion approved on the following vote: AYES: Members: Da 1 ton, Clausen, Boneysteele, Carl son, Rainey NOES: Members: None ,AB SENT: Members: None 28. May 4,1989, was established as the date for a public hearing on the adoption of revisions to Title 4 of the District Code. Motion approved on the following vote: AYES: Members: Da 1 ton, Cl ausen, Boney steel e, Carl son, Rainey NOES: Members: None ,AB SENT: Members: None 29. Allocation of $2,560 was authorized f rom the Equi pment Conti ngency Account for the purchase of an IBM compatible word processing system for use by the Engineering Division secretaries. Motion approved on the following vote: AYES: Members: Dalton, Cl ausen, Boneysteel e, Ca rl son, Ra i ney NOES: Members: None ,AB SENT: Members: None 30. The Engineering Division was authorized to hire a replacement for a Senior Engineering Assistance while processing the retirement of an existing employee is ongoing. Motion approved on the following vote: AYES: Members: Dalton, Clausen, Boneysteele, Carl son, Rainey NOES: Members: None ,AB SENT: Members: None CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Dolan, General Manger-Chief Engineer, requested that Item VIII., Engineering, be taken out of order to accommodate interested persons in the audience. President Rainey proceeded to Item VIII., Engineering. VIII. ENGINEERING 1. CONQJR WITH THE CONCEPT OF THE FORMATION OF LOCAL IMPROVEMENT DISTRICT 57 Mr. Dolan, General Manager-Chief Engineer, indicated that the position paper is complete in terms of setting the stage for the action proposed; that is, a simple concurrence with the concept of formation of a Local Improvement District. Ms. Marci Sponz illi, 1162' Brown Avenue, Lafayette, addressed the Board expressi ng support for the proposed Local Improvement Di strict. Ms. Sponzilli stated that on two previous occasions during the last twenty years, residents have tried to form such a District.' 'Eight, families are again trying to form a Local Improvement District and Ms. Sponzilli requested Board approval to proceed. Mr. Dennis Hall, Associate Engineer, reviewed the proposed alignment of the sewer. O~"'" 06~, 8l9~; 64 It was moved by Member Dalton and seconded by Member Clausen, that the Board of Directors concurs with the concept of the formation of Local Improvement District 57. There being no objection, the motion was unanimously approved. At this time, President Rainey returned to the order of the agenda. VI. SOLID WASTE 1. 'ADOPT RESOLUTION COMMITTING CENTRAL CONTRA COSTA SANITARY DISTRICT TO CUffiSIDE RECYCLING Mr.. Dol an, General Manager-Ch ief Engi neer, bri efly highl ighted the need for adoption of a resolution committing the District to curbside recycl ing as a condition of export of municipal sol id waste to Alameda County. In the discussion that followed, in the second paragraph on page 2 of the proposed resolution, the words "in fact" were deleted and the word "will" was changed to "intends to." It was moved by Member Boneysteele and seconded by Member Rainey, that Resol uti on No. 89-059 be adopted with the amendments noted above, committing Central Contra Costa Sanitary District to curbside recycling. Motion unanimously approved on the follow ing vote: AYES: NOES: Members: Boneysteele, Rainey, Dalton, Clausen, Carlson Members: None ,AB SENT: Members: None VII. ADMINISTRATIVE 1. CONSIDER THE REPORT OF THE DEFERRED COMPENSATION. PLAN ADV ISORY COMMITTEE ON THE RENEWAL .cONTRACT PROPOSED BY:GREAT WESTERN BANK TO. SERVE AS CO-ADMINISTRATOR OF THE DEFERRED COMÆNSATION PLAN The Board of Directors and the General Manager-Chief Engineer joined i n thanki ng the Deferred Compensation Pl an Adv isory Committee and Mr. 'Walter Funasaki for their diligent efforts. It was moved by Member Dal ton and seconded by Member Carl son, that as recommended by the Deferred Compensation Pl an Advisory Committee, a new three-year contract effective May 1, 1989, be executed with Great Western Bank for services as co-administrator of the District's Deferred Compensation Plan. There being no objection, the motion was unanimously approved. VI II. ENGINEERING CONCUR WITH THE CONCEPT OF THE FORMATION OF LOCAL IMPROVEMENT DISTRICT 57 1. This item was taken out of order earlier in the agenda. IX. PERSONNEL 1. IN ACCORDANCE WITH ARBITRATOR' S RECOM~NDATION, DENY THE APPEAL OF TERMINATION BY MARK LOWERY, ASSISTANT ENGINEER It was moved by Member Boney steel e and seconded by Member Dal ton, that the appeal of Mr. Mark Lowery, Assi stant Engi neer, be dent ed and dismissed as, the final action of the District. There being no objection, the motion was unanimously approved. 2. AU"THORIZATION TO HIRE SEASONAL EMPLOYEES Member Boney steel e, Chai r of the Personnel Committee, stated that the Personnel Committee reviewed the three personnel items before the Board and would recommend their approval. It was moved by Member Boney steel e and seconded by Member Dal ton, that the hiring of 40 persons for seasonal employment be approved. There being no objection, the motion was unanimously approved. 04". 0:6.' 8f9¡ 65 3. RECEIVE AND CONSIDER PERSONNEL BUOOET REQUESTS FOR FISCAL YEAR 1989-90 Copies of the Personnel Budget Requests for Fiscal Year 1989-90 were distributed. Collection System Operations Department Manager John A. Larson, Deputy Chief Engi neer Robert A. Baker, Deputy General Manager Paul Morsen, and Pl ant Operations Department Manager Charl es W. Batts reviewed the Personnel Budget requests for their respective departments. In the discussion that followed, Member Carlson recommended that the use of reclaimed water in the CSO maintenance operation continue even if no longer required by drought conditions. Mr. Dolan indicated that the matter will be brought back to Board for a decision if it is no longer required by drought conditions. There being no further questions or comments, the Personnel Budget Requests for Fiscal Year 1989-90 were duly received. X. CORRESPONDENCE 1. ACKNOfILEOOE RECEIPT OF LETTER FROM MR. CONCERNING RATE REGULATION OF ACME FILL STEPHEN A. MINTON, JR. The Board acknowledged receipt of the letter from Mr. Stephen A. Minton, Jr. concerning rate regulation of Acme Fill. 2. RECEIVE LETTER FROM MR. KEN LITTLE, ATTORNEY FOR PLEASANT HILL SAY SHORE DISPOSAL. CONCERNING PLEASANT HILL BAY SHORE DISPOSAL'S' RECYClING PROGRAM Receipt of a letter from Mr. Ken Little, attorney for Pleasant Hill Bay Shore Disposal, concerning Pleasant Hill Bay Shore Disposal's recycling pl an was acknowledged. 3. LETTER FROM MR. PAUL MORSEN TO MR. DAV 10 OLNEY CONCERNING PLEASANT HILL BAY SHORE DISPOSAL'S RECyQING PROGRAM Mr. Paul Morsen, Deputy General Manager, reviewed the status of printing of recycling informational material for the Pleasant Hill Bay Shore Disposal recycling program. Following discussion, Mr. Ken Little, attorney for Pleasant Hill Bay Shore Disposal, agreed that reimbursement for printing and mailing of the recycli ng i nformati onal materi al shall not exceed $650 and shall be amortized over a three-year period. All information shall be subject to the rev iaw and approval of Di strict staff. Camera ready copy shall be provided to District staff. XI. APPROV AL OF MINUTES 1. MINUTES OF MARCH 15,1989 It was moved by Member Dal ton and seconded by Member Boney steel e, that the minutes of March 15, 1989, be approved as presented. There being no objection, the motion was unanimously approved. 2. MINUTES OF MARCH 16,1989 It was moved by Member Dal ton and seconded by Member Boney steel e, that the minutes of March 16, 1989, be approved with the following amendments: On page 4 in the 1 ast paragraph, the words "slow down" were changed to one word. On page 7, item g., the word "Water Pollution Control Federation Management" were inserted before the word "Conference." There being no objection, the above motion was unanimously approved. ø~ ,', . 06 ~. ;: '. ! 89 }". ." 66 XII. APPROV AL OF EXPENDITURES EXPENDITURE LIST DATED APRIL 6,1989 1. 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 sa t i sf actory . It was moved by Member Dalton and seconded by Member Clausen, that the Expenditure List dated April 6, 1989, including Self-Insurance Check Nos. 100340-100341, Running Expense Check Nos. 45071-45428, Sewer Construction Check Nos. 6883-6947, and Payroll Check Nos. 16043-16304, be approved as recommended. Following discussion of an expenditure to Dublin Office Supply, the motion was unanimously approved. XIII. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 1. XIV. GENERAL MANAGER-CHIEF ENGINEER REPORTS a. Mr. Dolan, General Manager-Chief Engineer, stated that at the meeti ng of the Lafayette City Council, which immedi ately preceded our last Board meeting, it was suggested that we hold an informational meeti ng with Members of our Board and the Lafayette City Council to discuss solid waste issues. Board discussion followed with regard to the format and agenda of the proposed meeti ng. It was suggested that the General Manager-Chief Engineer meet with the Lafayette City Manager to develop a proposed agenda for consideration by this Board and the City Council. Mr. Dolan indicated that he would meet with Mr. Adams, Lafayette City Manager, and report back to the Board. b. Mr. Dolan reported that as a result of the Clark Wallace project in Ori nda, the Di strict has accel erated its efforts on improvements to the odor control facilities at the Crossroads Pumping Station. As part of the property exchange agreement, Wallace was required to pay for any odor control facilities needed. However, the estimated costs of improvements to the odor control facilities are more than it is reasonable for Mr. Wallace to pay based on the understanding at the time the agreement was executed. Mr. Robert A. Baker, Deputy Chief Engi neer, reviewed the terms of the property exchange agreement and the construction estimate of $104,000 for the odor control unit. Mr. Baker reported that an agreement has been reached with Mr. Wallace that he provide $40,000 towards the construction cost disbursed over three payments. Mr. Dolan announced that the project w ill be adverti sed in the near future; c. Mr. Dolan reported that during the period 1986-1989, the District received four citations from the Bay Area Air Quality Management District (BAAaMD) for operating problems at our incinerator. Three were for black smoke and one was for a yellow plume. We have negotiated with the BAAO.MD and have reached a settlement of $450 for all four citations, Nos. 11315, 31040, 1573, and 2015. We currently have two unresolved citations, Nos. 0189 and 30895, which we are discussing with BAAQMD. We believe that the yellow plume is not a violation of our permit; nonetheless, we are working diligently to gain control of the problem. d. Mr. Paul Morsen, Deputy General Manager, reported that the Department of Conservation has grant monies available at the end of this month and again in September 1989 for recycling activities. Two of the District's franchisees are very interested. If the Board has no objection, staff will pursue these grant funds for recycling activities. At the suggestion of the Board, a grant application including the three District franchisees will be prepared and submitted to the Department of Conservation. . e. Mr. Dolan announced that refuse collection rate increase applications have been received from all three franchisees as follows: Pl easant Hill Bay Shore Di sposa 1 - 2.25 percent, Ori nda-Moraga Di sposa 1 Service - 11.11 percent, and Valley Waste Management - 70.64 percent. ()4 .. .'. 89 06 67 f. Mr. Dolan announced that as part of the Sludge Disposal Facil iti es pl anni ng, we have authorized James M. Montgomery Consul ti ng Engineers to look into co-composting. Staff will keep the Board apprised. g. Mr. Dolan announced that the District's labor contracts include inflators based on the Consumer Price Index (CPI). This year's CPI has been published and is 5.2 percent. Effective May 1, 1989, District salaries will be adjusted by 5.2 percent. h. Mr. Dolan announced that the District will soon be advertising for the Holcomb Court Sewer Relocation Project and the Orinda Crossroads Odor Control proj ect. 2. COUNSEL FOR THE DISTRICT Mr. James L. Hazard, Counsel for the District, announced that he will be unable to attend the April 20, 1989 Board meeting. Mr. Kent Alm will attend in his place. 3. SECRETARY OF THE DISTRICT Ms. Joyce McMillan, Secretary of the District, announced that Board photographs are needed for the annual report and requested input from the Board with regard to dates th~ will be available. 4. BOARD MErvBERS a. Prest dent Rai ney reported that the Mayor's Conference approved the concept of a solid waste Joint Powers Agreement. President Rainey reported that the Solid Waste Commission Plastics Subcommittee will present a report to the Board of Supervisors on May 17, 1989. The report may recommend that styrofoam be banned from use by fast food restaurants. Member Boneysteele reported that thè Regional Recycling Advisory Committee will meet on April 12,1989. . Member Clausen reported that Waste Management has not agreed to the land use conditions imposed by Alameda County. Another meeting has been scheduled with Alameda County in two weeks. . b. President Rainey appointed Members Carlson and Boneysteele to work with the Contra Costa Water District Board Committee on the Water Reclamation Project. xv. ANNOJ NCEt-ENTS Member Carlson advised staff that he has received an indication from Mr. Matt Gonsalves th at Conco Cement Company woul d be i nterested in purchasing the Port Chicago Pumping Station if and when it is surplused. Mr. Kent Alm, Associate Counsel for the District, indicated that the law details requirements for disposal of surplus property. Mr. Alm stated that he would review the requirements and advise District staff. Member Boneysteele stated that he and Ms. Jacqueline Zayac, Planning Assistant, recently received certificates from the Board of Supervisors for work on the Planning Congress. Member Boneysteele praised Ms. Zayac for her efforts in that regard and her representation of Central Contra Costa Sanitary District and all the sanitation agencies in the County. XVI. CLOSED SESSION 1. REAL ESTATE NEGOTIATIONS' With respect to real estate negotiations, the closed session was hel d pursuant to Government Code Section 54956.8. The real property which the negotiations may concern is Assessor's Parcel Nos. 159-150-033 and 159-150-037. The District's negotiator, Mr. Paul Morsen, may negotiate with K&M Investment. :,04:.;06~: 89 68 At 7:18 p.m., President Rainey declared the closed session to di scuss real estate negoti ati ons pursuant to Government Code Section 54956.8. At 7:30 p.m., the closed session was concluded. XVII. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None XV III. ADJ OURNMENT There bel ng no further bust ness to come before the Board, in the absence of President Rainey, President Pro Tern Boneysteele adjourned the meeting at the hour of 7:32 p.m. COUNTERSIGNED: '~ ? () 4 ~. .~ 0 6 t.. :8 9