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HomeMy WebLinkAboutBOARD MINUTES 01-25-90 10 MINUTES OF THE ADJOURNED REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JANUARY 25, 1990 The District Board of the Central Contra Costa Sanitary District convened in an adjourned regular meeting at its regular place of meeting at 3 p.m. on January 25, 1990. President Carlson called the meeting to order and requested that the Secretary call roll. I. ROLL CALL PRESENT: Members: Boneysteele, Dalton, Clausen, Rainey, Carlson ABSENT: Members: None II. PUBLIC COMMENTS None III. AWARDS AND COMMENDATIONS 1. PRESENTATION OF "WE DIG CALIFORNIA AWARD" BY THE ENGINEERING AND UTILITY CONTRACTORS' ASSOCIATION Mr. Roger J. Dolan, General Manager-Chief Engineer, distributed a copy of an article on the efforts of Central Contra Costa Sanitary District and other public agencies to improve project specifications and stated that the District has been selected to recei ve the "We Dig California Award" from the Engineering and Utility Contractors' Association (EUCA). Mr. Jay S. McCoy, Construction Division Manager, introduced Mr. Mark Breslin, Executive Director of EUCA who in turn, introduced Mr. James Ebert, President of EUCA. Mr. Ebert stated that EUCA recognizes outstanding contributions to the construction industry. Major labor leaders and legislators have received this award in the past. This year EUCA is proud to recognize the efforts of Central Contra Costa Sanitary District, and in particular Messrs. Jay McCoy and Bob Collins, for their efforts in improving the standard specifications and plan review process. It is hoped that these improvements will make for better contracts with fewer claims and disputes. Mr., Ebert presented the "We Dig California Award" plaque to President Carlson. On behalf of Board and staff, President Carlson thanked Mr. Ebert and the Engineering and Utility Contractors' Association for the award. President Carlson commended District staff for their fine work and use of innovative approaches for improving services which resulted in this award. IV. HEARINGS 1. HOLD A PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE ESTABLISHING THE USE OF IRREVOCABLE OFFERS OF DEDICATION TO CREATE EASEMENT RIGHTS FOR PUBLIC SEWERS: ADOPT A RESOLUTION AUTHORIZING STAFF TO RECORD RECEIPT OF IRREVOCABLE OFFERS OF DEDICATION Mr. Dolan, General Manager-chief Engineer, stated that the use of Irrevocable Offers of Dedication is discussed fully in the position paper. The District was sensitized to the desirability of this approach several years ago. More recently, Member Clausen raised the issue. By using Irrevocable Offers of Dedication, the District would seek to limit our liability during construction. At 3:10 p.m., President Carlson opened the public hearing to consider adoption of an ordinance establishing the use of Irrevocable Offers of Dedication to create easement rights for public sewers. There being no comments, the public hearing was closed. '; .:. " . .' ..' 01 25 90 11 It was moved by Member Clausen and seconded by Member Rainey, that Ordinance No. 173 be adopted, specifying the use of Irrevocable Offers of Dedication to create easement rights for public sewers. Motion unanimously approved on the following vote: AYES: Members: Clausen, Rainey, Boneysteele, Dalton, Carlson NOES: Members: None ABSENT: Members: None Mr. Kenton L. AIm, Counsel for the District, stated that there was a suggestion to change one of the terms in the ordinance to more common terminology. That change can be incorporated in the motion if the Board wishes. It was moved by Member Clausen and seconded by Member Rainey, that the phrase "servient tenement" in the first paragraph on page 2 of the ordinance be changed to "property." There being no objection, the motion was unanimously approved. It was moved by Member Clausen and seconded by Member Dalton, that Resolution No. 90-017 be adopted authorizing staff to record Irrevocable Offers of Dedication. Motion unanimously approved on the following vote: AYES: Members: Clausen, Dalton, Boneysteele, Rainey, Carlson NOES: Members: None ABSENT: Members: None CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON THE DRAFT 1990 TEN-YEAR CAPITAL IMPROVEMENT PLAN (CIP); APPROVE THE D~FT CIP Mr. Dolan, General Manager-Chief Engineer, stated that the Draft 1990 Ten-Year Capital Improvement Plan has been discussed in great detail with the capital Projects Committee and modified as a result of their guidance. At the January 11, 1990 Board meeting, a workshop on the draft plan was conducted. Unless there are questions, staff would not provide an additional presentation at this time. ' 2. , At 3:15 p.m., President Carlson opened the public hearing to receive comments on the Draft 1990 Ten-Year Capital Improvement Plan. There being no comments, President Carlson closed the public hearing. Member Clausen stated that the draft plan is very ambitious and indicated that he would be surprised if the District is able to keep to the plan wi thin the time frames set. Member Clausen stated further that although the Plan is optimistic, it is necessary to identify and prioritize the future needs of the District. Member Boneysteele commended staff for identif ication of needs as much as ten years in advance and for anticipation of potential future problems. A great deal of talent, imagination, and innovation has gone into this plan. It will be a challenge to finance the work identified. President Carlson stated that the Capital Improvement Plan is a very important tool for managing the District's finances, time, and resources in order to accomplish all the projects needed. It was moved by Member Clausen and seconded by Member Carlson, that the Draft 1990 Ten-Year Capital Improvement Plan be approved. There being no objection, the motion was unanimously approved. 01 25 90 12 V. CONSENT CALENDAR It was moved by Member Rainey and seconded by Member Dalton, that the Consent Calendar, consisting of six items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Resolution No. 90-018 accepting an easement at no cost to the District from Clement Choy, et ux, Alamo area (Job 4664 - Parcel 2) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Rainey, Dalton, Boneysteele, Clausen, Carlson NOES: Members: None ABSENT: Members: None 2. Resolution No. 90-019 accepting an easement at no cost to the District from Robert W. Serventi, et ux, Alamo area (Job 4664 Parcel 3) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Rainey, Dalton, Boneysteele, Clausení Carlson NOES: Members: None ABSENT: Members: None 3. Resolution No. 90-020 accepting an easement at no cost to the District from Clement Choy, et ux, Alamo area (Job 4664 - Parcel 4) was adopted and recording authorized. Motion unanimously approve on the following vote: AYES: Members: Rainey, Dalton, Boneysteele, Clausen, Carlson NOES: Members: None ABSENT: Members: None 4. The Board was advised of the close out of the Gas Chromatograph/Mass Spectrometer System Project, District Project No. 10041. This item was presented for the Board's information. No action was taken. Member Clausen requested that a demonstration of the Gas Chromatograph/Mass Spectrometer be scheduled. Mr. Dolan indicated that he would schedule the demonstration. A public hearing was set for February 15, 1990 to consider requests for a mid-year refuse collection rate adjustment by Valley Waste Management, Orinda-Moraga Disposal Service, Inc., and Pleasant Hill Bay Shore Disposal. . Member Rainey indicated that she would by out of town and unable to attend the February 15, 1990 Board meeting. Following a brief discussion, the motion was approved on the following vote: 5. AYES: Members: Rainey, Dalton, Boneysteele, Clausen, Carlson NOES: Members: None ABSENT: Members: None '01 25 90 13 6. Notification was received of the Central Contra Costa sanitary District Employees Association/Local #1 officers for 1990. This item was presented for the Board's information. No action was taken. CALL FOR REOUESTS TO CONSIDER ITEMS OUT OF ORDER None VI. SOLID WASTE 1. ADOPT A RESOLUTION APPROVING THE SUBMISSION OF A PROPOSAL UNDER THE CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT Mr. Dolan, General Manager-Chief Engineer, requested adoption of a resolution supporting the submission of a proposal for grant funds under the California Beverage container Recycling and Litter Reduction Act. The details of the proposal are set forth in the position paper. Board discussion followed concerning the orinda-Moraga Disposal Service, Inc. curbside recycling program and the need for an additional truck to expand the program to include multi- residential units, the commercial sector, and st. Mary's College. Grant funds would be requested to pay for a portion of the cost of the vehicles. Orinda-Moraga Disposal Service, Inc. would put up matching funds. ownership of the vehicle and potential liability were discussed. It was moved by Member Boneysteele and seconded by Member Dalton, that Resolution No. 90-021 be adopted, approving the submission of a proposal under the California Beverage Container Recycling and Litter Reduction Act. Motion unanimously approved on the following vote: AYES: Members: , NOES: Members: ABSENT: Members: Boneysteele, Dalton, Clausen, Rainey, Carlson None None VII. ENGINEERING 1. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH THE COUNTY SANITATION DISTRICT NO.2 OF LOS ANGELES COUNTY FOR ADMINISTRATION OF THE AIR TOXICS POOLED EMISSION ESTIMATING PROGRAM Mr. Dolan, General Manager-Chief Engineer, stated that the Air Toxics .iHot spots" Information and Assessment Act of 1987, the required submission of comprehensive air emission inventory plans and reports, and the cost of the program have been discussed with the Board at previous Board meetings and at CASA meetings. The concept of the Pooled Emission authorization is requested to enter into a Joint Powers Agreement (JPA) for Pooled Emission Estimating. Member, Clausen suggested that the JPA try to recover the cost of the program from the State under the Constitutional provision that requires the State to pay for mandated programs. Mr. Dolan stated that staff would investigate recovery of the cost from the State. It was moved by Member D~lton and seconded by Member Rainey, that the General Manager-Chief Engineer be authorized to execute a Joint Powers Agreement with the County Sanitation District No.2 of Los Angeles County for the purpose of complying with Assembly Bill 2588, Air Toxic "Hot spots" Information and Assessment Act of 1987, and that recovery of the costs associated with this State-mandated program be pursued. There being noobj ection, the motion was unanimously approved. ' 01 25 90: ~ 14 VIII. COLLECTION SYSTEM 1. AUTHORIZE $16.200 FROM THE GENERAL IMPROVEMENT PROGRAM CONTINGENCY ACCOUNT FOR THE PURCHASE OF SIX (6) RESCUE/WORKER SUPPORT UNITS Mr. Dolan, General Manager-Chief Engineer, stated that staff recommends that the ,six Rescue/Worker Support Units used by personnel in the Collection System Operations Department, Plant Operations Department, and Source Control group be replaced. The six units currently in use do not meet current Underwriter's Laboratory Standards of Cal/OSHA requirements for lifting or supporting personnel. We do not want to expose our people to any safety hazards. It was moved by Member Clausen and seconded by Member Dalton, that $16,200 be authorized from the General Improvement Program Contingency Account for purchase of six (6) Rescue/Worker Support 'Units. There being no objection, the motion was unanimously approved. IX. CORRESPONDENCE 1. RECEIVE LETTER FROM MR. AND MRS. JAMES H. BAILEY CONCERNING THE CURBSIDE RECYCLING PROGRAM 2. RECEIVE LETTER FROM MRS. JANICE RONNEBERG CONCERNING THE CURBSIDE RECYCLING PROGRAM Receipt of the letters from Mr. and Mrs. James H. Bailey and Mrs. Janice Ronneberg concerning the curbside recycling program was noted, and staff was directed to draft responses for the President's signature. Member Boneysteele commended Ms. Elaine Jacobs, Engineer, on similar letters she has drafted. Assistant X. APPROVAL OF MINUTES 1. MINUTES OF JANUARY 11. 1990 It was moved by Member Boneysteele and seconded by Member Dalton, that the minutes of January 11, 1990 be approved as presented. There being no objection, the motion was unanimously approved. XI. APPROVAL OF EXPENDITURES 1. EXPENDITURE LIST DATED JANUARY 25. 1990 Member Boneysteele, member of the Budget and Finance Committee, stated that he and Member Dalton reviewed the expenditures and found them to be satisfactory. It was moved by Member Boneysteele and seconded by Member Dalton, that the Expenditure List dated January 25,1990, including Self-Insurance Check Nos. 100419-100422, Running Expense Check Nos. 50847-51148, and Sewer Construction Check Nos. 7880-7931, be approved as recommended. There being no objection, the motion was unanimously approved. XII. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None XIII. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan, General Manager-Chief Engineer, reported that Underground Services Alert (USA) is a non-profit, private corporation established for the purpose of minimizing damage to ;'01 . 25 q/ 90 15 underground utilities caused by construction of other utility companies who are digging holes in the ground'. Anyone contemplating excavation calls USA and advises them of their proj ect. Most owners of underground systems are members of USA and most of them are obligated to mark any facilities which are near the proposed excavation. Gravi ty sewers and storm drains are exempt from the marking requirements. The District generally marks only our pressure force mains. Pressure force mains total about 20 to 30 miles of our 1,200 mile system. In January 1990, the law changed and stiffer penalties will be imposed on contractors who do not call USA, and liabilities have changed for utilities who do not mark underground facilities. Mr. Dolan reviewed the average number of notices received from USA and the increased staffing requirements to respond to each of these notices should we decide to mark all our underground facilities rather than just the pressure force mains. Mr. John Larson, Collection System Operations Department Manager, distributed copies of the brochure used by USA. The USA brochure erroneously advises contractors that if they call USA, all underground utilities will be marked. Board discussion followed concerning the error in the USA literature and possible remedies. Staff was directed to advise USA in writing that the law does not require that gravity lines be marked. Mr. Dolan thanked the Board for their comments and stated that,a letter will be sent to USA as directed by the Board. Mr. Dolan indicated that he would keep the Board apprised of , developments in this matter. b. Mr. Dolan distributed a draft public information brochure on solid waste issues. Discussion followed wherein the Board provided input with regard to the content of the brochure. In response to a question by President Carlson, Mr. Paul Morsen, Deputy General Manager, indicated that the final draft of the brochure could be ready for February 15, 1990 Board meeting. c. Mr. Dolan stated that staff believes that a public information program on recycling is a good idea. Contra Costa County is applying for a grant for such a program. The County has requested a letter of endorsement from the District. A draft letter has been prepared and is presented for the Board's consideration. The letter offers an in-kind contribution of graphics and printing services for the County's recycling publications. The Board approved the draft letter as presented. d. Mr. Dolan reported that on January 26, 1990, there will be a meeting of water and sewer service providers and the city of San Ramon to discus~ service for the Dougherty Valley. President Carlson and Member Rainey will be attending this meeting with district staff. Mr. Dolan reviewed past Board positions relating to this issue. Board discussion followed. Member Clausen recommended that pumping stations be avoided and that gravity sewers by used wherever possible. Member Boneysteele agreed with Member Clausen and stated further that Dublin San Ramon Services District can provide service across county lines and so would be better able to serve the Dougherty Valley. President Carlson cautioned that capacity should be reserved for those already annexed to the District. Mr. Dolan thanked the Board for their input and indicated he would do his best to represent the Board's points of view at the meeting on January 26, 1990. ' e. Mr. Dolan announced that the District is currently bidding a project to pave the levee roads to provide all-weather access to our ponds. This project will also enable us to store ash/sludge in. the alum ponds during winter months, if necessary. The estimated cost of the work is $225,000. f. Mr. Dolan announced that the draft County-wide Solid Waste Joint Powers Agreement (JPA) has been stalled. The JPA proposal has been in the hands of the Board of Supervisors since November 1, 1989. They have stated that they intend to process it .:01'-25 "90 16 through the Internal Operations Committee. As far as we know, it has not yet been place on the Internal Operations Committee's agenda. g. Mr. Dolan announced that the District won demurrers on the two basic counts in the Maples' lawsuit, sex and age discrimination. It does not appear that there is a case left. h. Mr. Dolan announced that the District will be publishing a Notice of Significant Violations as required by federal law. ADL Circuits, Inc., Systron Donner, Shell oil Company, and Martinez Terminals were found to be in significant violation of federal and/or local standards during calendar year 1989. i. Mr. Dolan announced that on January 23, 1990, staff met with Messrs. Sid Corrie and Tom Stewart, the developers of the Kirker Pass Landfill site. President Carlson, Member Clausen, and staff met with them again today. Messrs. Corrie and Stewart are trying to develop a proposal to get public agencies to take over the Kirker Pass Landfill site as a public landtill site. They have requested that this matter be calendared for consideration by the full Board on February 1, 1990. 2. COUNSEL FOR THE DISTRICT a. Mr. Kenton L. AIm, Counsel for the District, reported that the District received a demurrer in our favor on the Jack Lewis/Westcon lawsuit as to all causes of action without leave to amend. b. Mr. AIm announced that it was proposed at the CASA Legislative committee that CASA sponsor an amendment to Assembly Bill 939 that would include sanitary districts in the agencies that have responsibilities and authority with regard to solid waste under that act. 3. SECRETARY OF THE DISTRICT Ms. Joyce E. McMillan, Secretary of the District, distributed the Training/Conference Summary for October-December 1989. Ms. McMillan stated that refund of costs for training and conferences suspended because of the October 17, 1989 earthquake have been requested but have not been received yet. 4. BOARD MEMBERS a. Member Rainey reported that the County Solid Waste Commission forwarded a recommendation to the Board of Supervisors that no new solid waste programs be funded using surcharges to the tipping fee for the time being, because of excessive recent cost increases to the tipping fee. At the present time, the cost implications of AB 939 are unknown, but it must be realized that tipping fee surc~arges will be used to fund some State-mandated programs. The Solid Waste Commission plus some additional public members were designated as the Task Force for implementation of AB 939 at least until the JPA is formed. Member Rainey announced that she was appointed to represent the County Solid Waste Commission on the Hazardous Waste Commission. Member Rainey reported that the Recycling and Household Hazardous Waste Advisory Committee will meet on February 21, 1990. , Member Clausen reported that an Export Committee meeting has been scheduled for February 5, 1990 to consider negotiation of a backup export agreement with the city of San Jose~ should it be needed. Member Boneysteele pointed out the newspaper article . indicating concern by the city of Richmond that Orinda-Moraga Disposal Service may be dumping residential garbage at West Contra Costa County Landfill and concealing the practice to avoid paying the surcharge on residential waste from outside West County. Mr. 01 ,p25,: 90 17 Morsen, Deputy General Manager, responded that some of the commercial accounts of Orinda-Moraga Disposal Service ,are multiple dwellings and the waste includes items that could appear to be residential as opposed to commercial. ' b. President Carlson reported on the January 1990 CASA meeting. Discussions at the meeting included such topics as collection line replacement and disposal of sludge. Member Boneysteele reported on the CASA Legislative Committee activities and the proposal to upgrade the technical subcommittees to full committees that would report to the Executive Board. It would seem that the focus of CASA may be changing to allow it to become much more effective at participating in the development of legislation at the State level. ' . XIV. ANNOUNCEMENTS Member Rainey commended Ms. Cathryn Freitas, Personnel Officer, for her presentation at the Contra Costa USA meeting. She did an excellent job. Member Rainey announced that the Contra Costa Council Task Force on Solid Waste will hold a forum on solid waste and recycling for Earth Day. Member Rainey suggested that the District consider coordinating any activities that we may plan with the Contra Costa Council xv. 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 Central Contra Costa Sanitary District v. Western Title Insurance Company, et aI, Contra Costa Superior Court No. C88-01479. At 5:44 p.m., President Carlson declared the closed session to discuss litigation pursuant to Government Code section 54956.9(a). At 6:10 p.m., President Carlson concluded the closed session and reconvened the meeting into open session. XVI. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None XVII. ADJOURNMENT There being no further business to come before the Board, President Carlson adjourned the meeting at the hour of 6:11 p.m. to reconvene at 6:30 p.m., January 25,1990, at the Velvet Turtle, 100 Chilpancingo Parkway, Pleasant Hill, California, for a meeting with Contra Costa County Special Districts to discuss items of mutual concern. /~ President of the Board of Directors, Central Contra Costa Sanitary District, county of Contra Costa, State of California COUNTERSIGEND: '\1b Searetary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California 01 25 90