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HomeMy WebLinkAboutBOARD MINUTES 01-11-90 1 MINUTES OF THE ADJ OURNED REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JANUARY 11, 1990 The District Board of ~e Central Contra Costa Sanitary District convened in an adjourned regular meeting at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 3 p.m. on January 11, 1990. President Carlson called the meeting to order and requested that the Secretary call roll. I. ROL L CAL L PRESENT: Members: Boneysteele, Dalton, Clausen, Rainey, Carlson ABSENT: Members: None II. PUBLIC COMMENTS None III. AWARDS AND COMMENDATIONS 1. ADOPT A RESOLUTION COMMENDING DIRECTOR SUSAN McNULTY RAINEY FOR HER SERVICE TO CENTRAL CONTRA COSTA SANITARY DISTRICT AS PRESIDENT OF THE BOARD OF DIRECTORS 'It was moved by Member Boneysteel e and seconded by Member Dal ton, that Resolution No. 90-001, commending Director Susan McNulty Rainey for her service to Central Contra Costa Sanitary District as President of the Boa rd of Di rectors, be adopted. Motion unanimousl y approved on the following vote:' AYES: Members: Boneysteel e, Dalton, Cl ausen, Rainey, Ca rl son NOES: Members: None ABSENT: Members: None President Carlson presented the framed resolution to Director Rainey and congratulated her on her successful term as President of the Board of Directors. Director Rainey thanked the Board of Directors and District management and staff for their support and assistance. Presi dent Carl son di stri buted the Board Committee assi gnments for 1990. Appointments to the Regional Recycling Advisory Committee were discussed but no changes were made at this time. IV. HEARINGS 1. HOLD PUBLIC HEARING ON INHffiITED DISTRICT ANNEXATION 114-H AS AMENDED, BY THE LOCAL PbENCY FORMATION COMMISSION (LAFCO) AND CONSIDER THE NEGATIVE DECLARATION BY LAFCO Mr. Roger J. Dolan, General Manager-Chief Engineer, indicated that the purpose of th i s publ i c heari ng i s to consi der testimony of affected property owners before acti ng on the proposed annexati on amended by LAFCO. At 3:17 p.m., President Carlson opened the public hearing to consider inhabited District Annexation 114-H as amended by LAFCO. It was noted for the record that no written protests or correspondence had been received. 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 Rainey, that Resolution No. 90-002 be adopted, certifying that the Board reviewed and considered the Negative Declaration and concurs with the adoption of the Negative Declaration by LAFCO; ordering the filing of the Notice of Determination as a responsible agency; and ordering annexation of the .01 '11"90 2 property contai ned i n D1 stri ct Annexati on 114-H as amended by LAFCO. Motion unanimously approved on the following vote: AYES: Members: Cl ausen, Rainey, Boneysteele, Dalton, Ca rl son NOES: Members: None ABSENT: Members: None 2. HOLD PUBLIC HEAAINGS ON UNINHffiITED DISTRICT ANNEXATIONS 1l.4-B, l14-C, 114-D, 114-E, 114-F, l14-G", AND 114-1, AS AMENDED BY THE LOCAL AGENCY FORMATION COMMISSION (LAFCO) AND CONSIDER THE' NEGATJ1g DECLARATION BY LAFCO ' Mr. Dolan, General Manager-Chief Engineer, indicated that the purpose of this public hearing is to consider testimony of affected property owners before acti ng on the proposed annexations amended by LAFCO. At 3:20 p.m., President Carlson opened the public hearing to consider uninhabited District Annexations 114-B, 114-C, l14-D, 114-E, 114-F, 114-G, and 114-1 as amended by LAFCO. It was noted for the record that no written protests or correspondence had been received. There bei ng no comments ei ther in favor of or in opposi ti on to the proposed annexations, the public hearing was closed. It was moved by Member Clausen and seconded by Member Dalton, that Resolution Nos. 90-003, 90-004, 90-005, 90-006, 90-007, 90-008,. and 90-009 be adopted, certifying that the Board reviewed and considered the Negative Declaration and concurs with the adoption of the Negative Declaration by LAFCO; ordering the filing of the Notice of Determination as a responsible agency; and ordering annexation of the property contained in District Annexations 114-B, 114-C, 114-D, 114-E, 114-F, 114-G, and 114-1 as amended by LAFCO. Motion unanimously approved on the following vote: AYES: Members: Clausen, Dalton, Boneysteele, Rainey, Carlson NOES: Members: None ABSENT: Members: None v. CONSENT CALENDAR It was moved by Member Rai ney and seconded by Member Dal ton, that the Consent Calendar, consisting of eight items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. ' 1. Resolution No. 90-010 accepting an easement at no cost to the District from Harvey E. Levine, et al, Alamo area (Job 4622 - Parcel 1) was adopted and recording authorized. Motion unanimously approved on the following vote: A YES: Members: Rainey, Dalton, Boneysteele, Clausen, Carl son NOES: Members: None ABSENT: Members: None 2. Resolution No. 90-011 accepting an easement at no cost to the District from William F. Lehman, Alamo area (Job 4622 - Parcel 2) was adopted and recording authorized. Motion unanimously approved on the following vote: A YES: Members: Rainey, Dalton, Boneysteele, Clausen, Carlson NOES: Members: None ABSENT: Members: None 0" 01 :~:11 "90 3 3. Resolution No. 90-012 accepting an easement at no cost to the District from Greer Properties, Inc., Pleasant Hill area (Job 4697 - Parcel 2 A and B) was adopted and recording authorized. Motion unanimously approved on the following vote: A YES: Members: Rai ney, Dalton, Boneysteele, Cl ausen, Carl son NOES: Members: None ABSENT: Members: None 4. Resolution No. 90-013 accepting an easement at no cost to the District from Lesher Communications, Inc., Concord area (Job 4694 - Parcel 1) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Rai ney, Dalton, Boneysteele, Clausen, Carl son NOES: Members: None ABSENT: Mem be rs: None 5. Resolution No. 90-014 accepting an easement at no cost to the District from Andrew T. Rudd, et ux, Orinda area (Job 4702 - Parcel 2) was adopted and recording authorized. Motion uÌ1ani mousl y approved on the following vote: AYES: Members: Rainey, Dalton, Boneysteele, Cl ausen, Carl son NOES: Mem be rs: None ABSENT: Members: None 6. Resolution No. 90-015 accepting an easement at no cost to the District from John C. Epperson, et ux, Orinda area (Job 4702- Parcel 3) was adopted and recording authorized. Motion unanimously approved on the following vote: A YES: Membe rs: Rainey, Dalton, Boneysteele, Clausen, Carl son NOES: Members: None ABSENT: Members: None 7. Resolution No. 90-016 was adopted, concurring with and adopting the Negative Declaration by Local Agency Formation Commission (LAFCO), certifying that the Board has reviewed and considered the Negative Declaration, ordering the filing of a Notice of Determination as a responsible agency stating that the District considered the Negative Declaration as prepared by LAFCO as required, and ordering the completion of District Annexation No. 114-A. ' Motion unanimously approved on the following vote: A YES: Members: Rai ney, Dalton, Boneysteele, Clausen, Carl son NOES: Members: None ABSENT: Members: None 8. The contract work for the Ori nda Crossroads Pump Stati on Odor Control proj ect Wi stri ct proj ect 4531> was accepted and the filing of the Notice of Completion was authorized. Motion unanimously approved on the following vote: :: :'. .01~, :::11:: f,90 . .' 4 AYES: Members: Rainey, Dalton, Boneysteele,Clausen, Carlson NOES: Members: None ABSENT: Mem be rs: None CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Dol an, General Manager-Chief Engi neer, requested that Item XIII., Closed Session, be taken out of order when the District's labor attorney arri ves. The Boa rd voi ced no obj ecti on. VI. ENGINEERING 1. CONDUCT A BOAAD WORKSHOP ON THE DRAFT 1990 IMPROVEMENT PLAN TEN-YEAR CAPITAL Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Jarred Miyamoto-Mills, Senior Engineer, who provided an overview of the draft 1990 Ten-Year Capital Improvement Plan. Mr. Miyamoto-Mills stated that the 1990 Plan anticipates capital expenditures of $244 million over the next ten years. The projects included in the'1990 Plan are directed towards achievement of three major goals: 1> protection of publ ic heal th and envi ronment; 2) response to communi ty concerns; and 3) accommodation of planned future growth. Of the $244 million planned expenditures, $162 million (66 percent) is to protect the public health and environment, $44 million (18 percent) is to respond to community concerns, and $38 million (16 percent) is to accommodate planned future growth. Mr. Miyamoto-Mills reviewed some of the major projects planned in the near term; the parturient projects, the magnitude or need for which are still uncertain; and the cash flow assllTlptions that went into the analysis in the Capital Improvement Plan. Presi dent Carl son suggested that staff moni tor the ana lysi sand projections of economic variables to see if they are on track or if there is a change that would necessitate a change in the assumptions used. Mr. Dolan thanked President Carlson for the suggestion and indicated that next year information on actual and estimated expenditures would be provi ded. Mr. Miyamoto-Mills highl ighted the Report to the Community on the 1990 Ten-Year Capital Improvement Plan and the target audience. Member Boneysteel e suggested that the ph rase "or well adverti sed" be del eted from the first paragraph on the last page of the report. Mr. Dolan thanked Member Boneysteel e for hi s suggesti on and i ndi cated that the , ph rase woul d be del eted. Member Clausen commended staff for the excellent program and their hard work'in implementing the system. President Carlson declared a recess at the hour of 3:50 p.m., reconvening at the hour of 4:07 p.m. with all parties present as previously designated. At this time, President Carlson noted the arrival of the District's labor counsel and proceeded to Item XIII., Closed Session. XIII. CLOSED SESSION 1. 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 James Maples v. CCCSD, Chuck Batts, et al., Contra Costa Superior Court No. 089-00135. At 4:07 p.m., President Carlson declared the closed session to di scuss liti gati on pursuant to Government Code Secti on 54956 .9( a). At 4:24 p.m., President Carlson concluded the closed session and reconvened the meeting into open session. XIV. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None , ~'Ol ;,1'1: 90 5 At this time, President Carlson reverted to the order of the agenda. VII. CORRESPONDENCE 1. RECEIVE LETTER FROM MR. ,LOUIS T. MARRACCI CONCERNING IMPLEMENTATION OF THE VALLEY WASTE MANPßEMENT RECYCLING PROORAM Receipt of the letter from Mr. Louis T. Marracci concerning implementation of the Valley Waste Management recycling program was noted, and staff was directed to draft a response. 2. RECEIVE LETTER FROM MR. AND MRS. R. C. BLAISDELL CONCERNING IMPLEMENTATION OF THE VALLEY WASTE MANPGEMENT RECYCLING .PROORAM Receipt of the letter from Mr. and Mrs. R. C. Blaisdell concerning implementation of the Valley Waste Management recycling program was noted and staff was directed to draft a response. 3. RECEIVE COpy OF LETTER FROM PLEASANT HILL BAYSHORE DISPOSAL CONCERNING CALCULATION OF HISTORICAL INFILL BY COMMUNITY ASSESSMENT FOR LANDFILL CLOSURE AND POST-CLOSURE COSTS' The Board discussed the copy of the letter received from Pleasant Hill Bayshore concerning the calculation of historical infill by community assessment for landfill closure and post-closure costs. Member Cl ausen questi oned the authority of the County to collect the $.95/ton planning fee. Member Clausen stated his opinion that the authority allows collection of such a fee at a disposal site, but not at a transfer station. Staff noted Member Clausen's question. It was the consensus of the Board that no response to the copy of the letter from Pleasant Hill Bayshore Disposal was necessary. 4. LETTER FROM MR. ROY HAWES, QiAIR OF THE COUNTY SOLID WASTE COMMISSION, REQUESTING THAT THE DISTRICT ADOPT AN ORDINANCE PROVIDING FOR MANDATORY SUBSCRIPTION TO SOLID WASTE COLLECTION SERV ICE Mr. Kenton L. Alm, Counsel for the District, stated that the District Code states that all occupants are required to have garbage collection services; however, a person or entity which itself generates ga rbage may collect, remove and di spose of such ga rbage i n a cl ean and sanitary manner in accordance with the District Code and with all other applicable laws ,and regulations. Mr. Alm stated that there is not a clear definition of the roles between the County and Sanitary District. It is likely that there is concurrent jurisdiction. Following di scussi on, it was determi ned that staff woul d draft a response for consideration at a future Board meeting. 5. RECEIVE REQUEST FROM ORINDA-MORPbA DISPOSAL SERVICE, INC. FOR MID-YEAA REFUSE COLLECTION RATE REVIEW CAUSED BY INCREASE IN TIPPING FEES Receipt of the request from Orinda-Moraga Disposal Service, Inc. for a mid-year refuse collection rate review caused by increase in tipping fees was noted. Mr. Dol an, General Manager-Chief Engi neer, stated that staff would begin the rate review process. The analysis will be calendared for consideration at a future Board meeting. VIII. APPROV AL OF MINUTES 1. MINUTES OF DECEMBER 21,1989 I It was moved by Member Rai ney and seconded by Member Cl ausen, that the minutes of December 21, 1989, be approved with the following ammendments: In the first complete sentence in the first paragraph on page 5, the word "our" was changed to "his." The second sentence in the second paragraph on page 6 was amended to read, "Mr. Brayton stated that the charge will be assessed against the disposal company, and quarterly bills will be sent to the disposal company whether or not the communi ty uses the transfer stati on." 01 II,' 90 6 There being no objection, the above motion was unanimously approved. IX. APPROV AL OF EXPENDITURES 1. EXPENDIl1JRE LIST DATED JANUARY 11, 1990 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 ti sf actory . It was moved by Member Dalton and seconded by Member Clausen, that the Expenditure List dated January 11, 1990, including Self-Insurance Check Nos. 100415-100418, Runni ng Expense Check Nos. 50583-50846, Sewer Construction Check Nos. 7835-7879, and Payroll Check Nos. 18911-19179, be approved as recommended. Following discussion, the motion was unanimously approved. X. EMERGENCY SIl1JATIONS REQUIRING BOARD ACTION None XI. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan, General Manager-Chief Engineer, reported that first Pleasant Hill Bayshore Disposal and now Valley Waste Management have begun publi cati on of newsl etters. Both these newsl etters were started without requesting the District's approval as of the allowability of the costs in the rate-setting process. The District has identified a need to communicate with the public and had considered a newsletter dealing with recycl i ng, househol d hazardous waste, rates, and so on. Staff has been moving cautiously because of concern for the cost of such a program. In the discussion that followed, Board Members indicated that staff shoul d advise the franchisees that the costs incurred by the garbage companies in publishing newsletters should not be passed on to the ratepayers. Staff will continue to monitor these publications. b. Mr. Dolan reported that the only substantial damage suffered by the District during the October 17, 1989 earthquake was to the M-2 Pipeline that serves Martinez.' Staff knew the M-2 Line was a weak link in our facilities serving Martinez and predesign of a parallel pipeline had been authorized 'before the earthquake. We now intend to proceed with desi gn and constructi on of the new li ne i n the 1990-1991 constructi on season. Mr. Dol an i ntroduced Mr. John A. Larson, Coll ecti on System Operati ons Department Manager, who descri bed the damage to the Mal tby Force Main (M-2 Line), the repairs made to the M-2 Line, and the estimated costs incurred on this job. The total estimated cost for the repair including initial contractor response time, bypass pumping, spill recovery, excavati on and repai r, and techni cal and safety services was $160,000. In addition, $13,000 was expended for pumping station personnel costs and inspection. c. Mr. Dolan announced that the District is currently advertising for bids for word processing equipment and mobile radios for vehicles. ' d. Mr. Dolan announced that Pleasant Hill Bayshore Disposal has disclosed that the tonnage figure attributed to Pleasant Hill Bayshore Disposal wrongly included the Central Contra Costa Sanitary District sludge. This sludge was hauled and disposed of by Pleasant Hill Bayshore Disposal at Acme Fill. District staff would agree that the residents of Pleasant Hill and other areas served by Pleasant Hill Bayshore Disposal should not be charged as though this was a residential waste since it was an i ndustri al waste. It was not a hazardous waste, so it does not fit into the category of the $6 mill ion bail-out account establ ished by the Board of Supervisors. Mr. Dolan stated that the District paid Pleasant Hill Bayshore Disposal millions of dollars for many years to dispose of the sludge, and we believe it is their responsibility to pay the closure costs. Mr. Dolan indicated that he would provide more information as it becomes available. 01, 1 :1 ~ 9 '0. " 7 . e. Mr. Dol an announced that the Central Safety Committee has suggested devel opi ng a well ness program at Central San. The concept provi des a means of reduci ng operati ng expenses th rough si ck 1 eave, health care, and worker's compensation savings. Agencies that have implemented this concept have experienced high employee acceptance and cost savings. Mr. Dolan briefly described the wellness program concept. More discussion of this item will be scheduled as more information is avail abl e. f. Mr. Dolan announced that there have been recent odors at the Treatment Plant which we believe to have been related to equipment changes in the Dewatering Project construction. New odor units will be operational in the near future. g. Mr. Dolan announced that we just received information that County staff is going to recommend a modification in the transfer station operating charges from $52.22/ton to $51.95/ton. The original rate was set using a 95 percent Operating Ratio for 36 months; the new rate uses a 94 percent Operating Ratio for 37 months. Closure costs must be added to that figure. These charges will not be collected until the Memorandum of Understandi ng (MOU) is si gned. County staff anti ci pates that the draft MOU will be complet~d in approximately two weeks. 2. COUNSEL FOR THE DISTRICT Mr. Kenton L. Alm, Counsel for the District, introduced Mr. Mark Cornelius, his associate who will be working on District matters. 3. SECRETARY OF THE DISTRICT. None 4. BOAAD MEMBERS a. Member Boneysteel e reported that the name and focus of the Recycling Advisory Committee has been changed to Recycling and Household Hazardous Waste Advisory Committee. b. Member Rainey stated that at the last meeting she expressed her concern with the Board of Supervisors' use of the tipping fee as the funding source for new programs which are only remotely related to solid waste disposal and asked that the matter be calendared for consideration. Member Rai ney recommended that the Board of Di rectors take a posi ti on with regard to the continued use of tipping fees as a funding source for new programs and advise the Board of Supervisors of that position. Following discussion, there was consensus that a letter to the Board of Supervisors be d~afted indicating that currently $2-$3/ton has been added to tipping fees to fund state and local solid waste programs and planning efforts. While we recognize that many of these costs are unavoidable, we would advise caution in proceeding into new programs that require additional fees. Mr. Dolan stated that such a letter would be drafted for President Carlson's signature. c. President Carlson stated that two changes have been made to the Board Committee assignments distributed earl ier in the meeting. The Board Committee assignments for 1990 will be: STANDING COMMIITEES: Budget and Finance Committee *Parke L. Boneysteele William C. Dalton Capital Projects Committee *Nels E. Carlson John B. Clausen Personnel Committee *John B. Clausen Parke L. Boneysteele . '01: 11 ': 90 8 AD HOC œMMlITEES: Annexation Policy Committee *Susan McNulty Rainey William C. Dalton CCCSD/CCWD Water Reclamation Committee *Nels E. Carlson Parke L. Boneysteele IT Review Committee *John B. Clausen Nel s E. Carl son Plant Landscape Committee Nels E. Carlson RecyclinQ Advisory Committee *Susan McNulty Rainey William B. Dalton Tri-Valley Wastewater AQency (TWA) Committee *Nels E. Carlson John B. Clausen Solid Waste Committee *J oh n B. Cl ausen Susan McNulty Rainey *First named Member will serve as Committee Chair. REPRESENTATIVES: Solid Waste Commission Representative Susan McNul ty Rai ney, Sol id Waste JPA Policy Committee Representative John B. Cl ausen County General Plan Review Advisory Committee Representative Parke L. Boneysteele, Board Liaison to Cities and County Concord, Pleasant Hill, Pacheco Danville, Alamo, San Ramon Lafayette, Walnut Creek Martinez, Contra Costa County Orinda, Moraga Nels E. Carlson John B. Clausen Parke L. Boneysteele William B. Dalton Susan McNulty Rainey d. Presi dent Carl son appoi nted Member Rai ney to serve as the District's representative at the Contra Costa County Special Districts meeti ng. XII. ANN OJ NCE MEN TS None XIII. CLOSED SESSION This item was taken out of order earlier in the agenda. :0,1 11 ~ :? 90 9 XIV. ACTIONS RESULTING FROM DISCUSSION IN ClOSED SESSION This item was taken out of order earl ier in the agenda. xv. Am CURNMENT There being no further business to come before the Board, President Carl son adjourned the meeti ng at the hour of 5 :55 p.m. to reconvene at 3 p.m. on Thursday, January 25, 199), for an Adjourned Regular Board Meeti ng. (kú2L Presi dent of the Board of Di rectors, Central Contra Costa Sani tary Di stri ct, County of Contra Costa, State of Cal ifornia COUNTERSIGNED: SecrEdary he Central Contra Costa Sanitary District, County of Contra Costa, State of Cal iforni a 01 11 90