HomeMy WebLinkAboutBOARD MINUTES 03-15-90
50
MINUTES OF THE REGULAR BOAAD MEETING
OF THE DISTRICT BOAAD OF THE CENTRAL CONTRA
COSTA SANITARY DISTRICT. HELD ON MARŒi 15, 1990
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 March 15,1990.
President Carlson called the meeting to order and requested that the
Secretary call roll.
I.
ROLL CALL
PRESENT:
Members:
Dal ton, Cl ausen, Carl son
JIB SENT:
Members: Boneysteele, Rainey
Member Boneysteele had indicated previously that he would be unable
to attend this meeting and requested that he be excused.
Member Rai ney had call ed to advise that she had been detai ned and
woul d be 1 ate for the meeti ng. Member Rai ney arrived at the hour of
4:16 p.m.
II.
PUBLIC COMMENTS
None
III.
CONSENT CALENDAR
It was moved by Member Clausen and seconded by Member Dalton, that
the Consent Calendar, consisting of ten items, be approved as
recommended, resolutions adopted as appropriate, and recordings duly
authorized.
1.
Resolution No. 90-036 accepting an easement at no cost to the
District from Villa Woods, Inc., Danvi1le area (Job 4693 -
Parcel 3) was adopted and recording authorized.
Motion approved on the following vote:
AYES:
NOES:
Members:
Cl ausen, Dal ton, Carl son
Members: None
ABSENT:
Members: Boneysteele, Rainey
2.
Resolution No. 90-037 accepting an easement at no cost to the
Di strict from F. C. Hol gate, et ux, South Wal nut Creek' area
(Job 3542 - Parcel 9A and B) was adopted and recording
authorized.
Motion approved on the following vote:
AYES: Members: Cl ausen, Dalton, Ca rl son
NOES: Members: None
ABSENT: Members: Boney steel e, Rainey
3.
The Common Use Agreement with East Bay Municipal Utility
District (EBMUD), Subdivision 7162, Job No. 4693, was approved,
the President of the District Board of Directors and the
Secretary of the District were authorized to execute said
document, and Resolution No. 90-038 was adopted to that effect.
Motion approved on the following vote:
AYES: Members: Cl ausen, Da 1 ton, Carl son
NOES: Members: None
ABSENT:
Members: Boneysteele, Rainey
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4.
Authorization was given for P.A. 90-4 (Danville) to be includèd
in a future formal annexation to the District.
Motion approved on the following vote:
AYES: Members: Cl a use n, Da 1 ton, Carl son
NOES: Members: None
,ABSENT: Members: Boneysteel e, Ra i ney
5.
Resolution No. 90-039, a Resolution of Application for the
annexation of properties to Central Contra Costa Sanitary
District under the Title of District Annexation 115, was
adopted.
Motion approved on the following vote:
AYES: Mem be rs: Cl a use n, Da 1 ton, Ca rl son
NOES: Members: None
ABSENT: Members: Boney steel e, Ra i ney
6.
Authorization was given for adding Pacific Boring, Inc., as a
subcontractor on Di stri ct proj ect 4331A, the Hall Drive Sewer
Improvements, Phase-!.
Motion approved on the following vote:
A YES: Members: Cl ausen, Dalton, Ca rl son
NOES: Members: None
ABSENT: Members: Boney steel e, Ra i ney
7.
The Board was advised of the close out of the installation of
the Infl uent Gate Operators proj ect (Di stri ct proj ect 20070)
and return of $600 to the Treatment Pl ant Program. This item
was presented for the Board's i nformati on. No acti on was
take n.
8.
The Board was advised of the close out of the 21 "Watershed
Pl anni ng" proj ects and return of $114,469 to the Coll ecti on
System Program. This item was presented for the Board's
i nformati on. No acti on was taken.
9.
Resolution No. 90-040 was adopted, authorizing the Depar"bnent
of General Services of the State of California to purchase six
vehicles for the District.
Motion approved on the following vote:
AYES:
Members:
Clausen, Dalton, Carlson
NOES:
Members:
None
ABSENT:
Members: Boneysteele, Rainey
The attendance of J oye Lynn Kurasaki, Associ ate Engi neer¡ was'
authorized at the American Society of Civil Engineers
International Conference on Pipeline Design and Installation in
Las Vegas, Nevada, on March 25-27,1990.
Motion approved on the following vote:
AYES: Members: Cl ausen, Dalton, Ca rl son
NOES: Mèmbers: None
JlBSENT: Members: Boneysteel e, Ra i ney
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CALL FOR REQUESTS TO CONSIDER ITEMS OJT OF ORDER
None
IV.
SOLID WASTE
1.
ADOPT A RESOLUTION DIRECTING THE DEVELOPMENT OF COMMERCIAL RECYCLING
PLANS BY THE DISTRICT'S FRANQi ISED REFUSE COLLECTORS FOR THEIR
SERV IΠAREAS
In the necessary absence of the General Manager-Chief Engineer, the
Deputy General Manager Mr. Paul Morsen stated that as the Board is aware,
Assembly Bill 939 requi res 25 percent reduction of the waste stream by
the year 1995 and 50 percent reduction of the waste stream by the year
2000. As successful as the recycling efforts in our franchise areas have
been, they are diverting only about 11 percent of the total waste stream.
The next logical step for recycling would be to implement 'commercial
recycling for business and multi-family dweìlings. This matter has been
considered and recommended by the Regional Recycling and Household
Hazardous Waste Advisory Committee. Mr. Morsen stated the staff
recommendati on that the Board adopt a resol uti on di recti ng the
development of commercial recycling plans by the District's franchised
refuse collectors for their service areas.
The Boa rd di scussed di version of constructi on materi a 1 s from th e
waste stream. Mr. Morsen recommended that the District encourage the
County to i ncl ude the construction industry in thei r recycli ng publ i c
i nformati on program. The Board concurred.
It was moved by Member Dalton and seconded by Member Clausen, that
Resol uti on No. 90-035 be adopted, i ni ti ati ng the development of
commercial recycling plans by the franchised refuse collectors for their
respective service areas under the direction of the Central Contra Costa
Sanitary District staff and Regional Recycl ing and Household Hazardous
Waste Advisory Committee.
Motion approved on the following vote:
AYES:
Members:
Dal ton, Cl ausen, Carl son
NOES:
Members: None
ABSENT:
Members: Boneysteele, Rainey
2.
LETTER FROM MESSRS. BOYD M. OLNEY, JR., AND DAVID I. OLNEY
REQUESTING CONSENT OF THE' DISTRICT TO THE ASSIGNMENT OF THE ,PLEASANT
HILL BAY SHORE DISPOSALFRANOHSE AGREEMENT TO PLEASANT HILL BAY
SHORE, INC.
Mr. Morsen, Deputy General Manager, stated that the District has had
some experience with the transfer of a franchise agreement when Valley
Di sposal sol d to Waste Management, Inc. Staff woul d propose that the
same approach be used. Staff would prepare a number of questions and the
collector would be asked to provide written responses within a reasonable
time. In addition, the purchaser would sign with his initials to
indicate agreement and understanding of the provisions of the franchise
agreement.
Member Clausen requested information with regard to the percentage
. of ownership and whether the Acme transfer station woul d become an
affiliated entity to this new operation. Member Clausen stated that if
suchan affiliation would exist, it should be recognized in the franchise
agreement to avoid any misunderstanding in the future.
It was the consensus of the Board that staff proceed with the
approach outli ned. In response to a q uesti on from Mr. Morsen, Mr. Tom
Bruin, attorney for Pleasant Hill Bay Shore Disposal, stated that,the
company could provide written responses within one week of receipt of the
questions. Mr. Morsen stated that this matter would be calendared for
further consideration at a public hearing on April 19,1990.
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3.
LETTERS TO CENTRAL COUNTY CITIES, CONTRA COSTA COUNTY, AND MT. VIEW
SANITARY DISTRICT PROPOSING A COOPERATIVE EFFORT IN MEETING JIB 939
REQUIREMENTS FOR HOJS8-IOLD HAZARDOUS WASTE PROORAM AND WASTE
QiARACTERIZATION SlUDY
Mr. Morsen, Deputy General Manager, stated that under the emergency
regulations just passed for implementation of AB 939, each community must
implement a household hazardous waste program and waste characterization
study during the coming year. At a recent meeting of the Public
Managers' Associ ati on, there was a consensus that i t woul d be more
efficient if this were done as a cooperative effort. The District has
vol unteered to .coordi nate such an effort for the Central County. The
costs would be shared by the franchisers. Draft Letters proposing this
approach have been prepared for the Board's consideration.
Following discussion, the Board concurred with the proposed
cooperative effort in meeti ng AB 939 requi rements for the househol d
hazardous waste program and waste characterizati on study and approved the
draft letters to the Central County Cities, Contra Costa County, and Mt.
View Sanitary District.
v.
ENG IN EER ING
1.
.AUTHORIZE THE GENERAL MANPGER-Qi IEF ENGINEER TO EXEQJTE AN AGREEMENT
WITH Oj2M HILL CX>NSUL TING ENGINEERS FOR PREPARATION OF 11-IE EMISSION
INVENTORY REPORT REQUIRED BY AB 2588
Mr. Morsen, Deputy General Manager, stated that Œl2M Hill will
complete the specific source testing not covered by the Pooled Emission
Estimating Plan and prepare the District's Emission Inventory Report as
required by the Air Toxics "Hot Spots" Bill, AB 2588.
Discussion followed concerning use of the funds previously
authorized for the Pool ed Emi ssi on Estimati ng Pl an and recovery of the
costs from the State. Following discussion, it was agreed that Mr. Kent
Alm, Counsel for the District, would put this matter on the CASA
Attorney's Agenda to see if they are interested in pursuing reimbursement
of the costs of this State mandated program. A claim will be prepared to
preserve the District's right to go forward. District staff will work
with the other agencies in pursuing reimbursement from the State.
It was moved by Member Cl ausen and seconded by Member Dal ton, that
the General Manager-Chi ef Engi neer be authorized to execute a cost
reimbursement agreement with a cost ceil i ng of $109,600 with Qi2M Hill
Consulting Engineers for preparation of the District's Emission Inventory
Report. There being no objection, the motion as approved with Members
Boneysteele and Rainey being absent.
VI.
TREATMENT PLANT
1.
BOAAD ACCEPTANCE OF THE 1989 SELF-MONITORING PROORAM REPORT
Mr. Morsen, Deputy General Manager, stated that a slltlmary of the
1989 Self-Monitoring Program Report was presented in the material
provided to the Board. Rather than giving a detailed presentation, staff
woul d be happy to answer any questi ons the Board may have.
Presi dent Carl son commended staff for the excell ent job they have
done in the past year protecti ng the envi rorment and exceedi ng the
requi rements of the NPDES permit. presi dent Carl son decl ared that the
1989 Self-Monitoring Program Report was duly accepted.
VII.
CORRESPONDENCE
1.
NOTE RECEIPT OF LETTER FROM MR. STEPHEN A. MINTON, JR., CONCERNING
THE FEBRUARY 22, 1990 REFUSE CX>LLECTION RATE-SETTING HEAAING AND
OTHER SOL ID WASTE MATTERS
Following discussion, President Carlson requested that staff draft a
response to Mr. Mi nton' s 1 etter parti cul arly with regard to recycli ng,
'future cost controls, and other issues raised. President Carlson voiced
his appreciation of the public's interest as demonstrated by letters and
attendance at Board meetings.
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2.
NOTE RECEIPT OF LETTER FROM MR. LEROY McCLOSKEY CONCERNING THE
FEBRUARY 22, 1990 REFUSE COLLECTION RATE-SETTING HEARING
The Board noted recei pt of the 1 etter from MJ:'. LeRoy McCloskey
concerni ng the February 22, 1990 refuse coll ecti on rate-setti ng heari ng
and requested that staff draft a response for the signature' of the
Presi dent of the Board.
3.
NOTE RECEIPT OF COpy OF LETTER FROM MS. SARA HOFFMAN,. SCl..ID WASTE
MANAGER, TO MR. STEA-IEN A. MINTON, JR., CONCERNING LANDFILLS AND
SOLID WASTE DISPOSAL COSTS
This item was presented for the Board's information.
taken.
No acti on was
4.
NOTE RECEIPT OF COPIES OF LETTERS FROM MT. VIEW SANITARY DISTRICT TO
SENATOR BOAlWRIGHT AND ASSEM3L YMAN CAMFBELL CX>NCERNING AMENDMENT OF
AB 939
Thi s ,item was presented for the Board's i nformati on.
taken.
No action was
5.
NOTE RECEIPT OF LETTER FROM THE CITY OF LAFAYETTE REQUESTING THE
ASSISTANCE OF THE DISTRICT IN DEVELOPMENT OF THE CITY'S HOJSÐiOLD
HAZARDOUS WASTE PROORAM AND IN MEETING THE 8.m!!]REMENTS FOR
COMPLIANCE WIni f£ 939
Mr. Morsen, Deputy General Manager, stated that this letter is
related to an action taken by the Board earlier in the meeting. A note
will be attached to the previously approved letter acknowledgtng receipt
of the letter from the City of Lafayette requesting the assistance of the
District in development of the City's Household Hazardous Waste Program
and in meeting the requi rements for compl iance with AB 939. The Board
conc,urred.
VIII.
APPROV AL OF MINUTES
10
MINUTES OF FEBRUARY 15,1990
It was moved byM~ber Dal ton and seconded by Member Cl ausen, that
the minutes of February 15, 1990, be approved as presented. There being
no objection, the motion was approved with Members Boneysteele and Rainey
bei ng absent.
2.
MINUTES OF FEBRUARY 22, 1990
It was moved by Member Dalton and seconded by Member Clausen, that
the minutes of February 22, 1990, be approved with the following
amendments:
In the th i rd paragraph on page 2, the word "coll ector" i n the si xth
sentence was changed to "Acme Fi 11. "
In the fourth paragraph on page 6, the word "i nter-county" was
changed to "i n-county. "
There being no objection, the motion was approved with Members
Boneysteele and Rainey being absent.
IX.
APPROV AL OF EXPENDIl1JRES
1.
EXPENDITURE LIST DATED MARCH 15,1990
Member Dal ton, member of the Budget and Fi nance Committee, stated
that he reviewed the expenditures and found them to be satisfactory.
It was moved by Member Dalton and seconded by Member Clausen, that
the Expenditure List dated March 15,1990, including Self-Insurance Check
Nos. 100432-100435, Runni ng Expense Check Nos. 51709-52004, Sewer
Construction Check Nos. 8021-8071, and Payroll Check Nos. 19452-19720, be
approved as recommended. There bei ng no objection, themoti on was
approved with Members Boney steel e and Rai ney bei ng absent.
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X.
BUDGET AND FINANCE
1.
RECEIVE FEBRUARY 1990 FINANCIAL STATEMENTS
Mr. Walter N. Funasaki, Finance Officer, reviewed the results of
operati ons and mai ntenance for the month of February 1990, noti ng that
expenditures were $111,000 less than budget, representing a 5.9 percent
favorable variance. For the eight months ended February 28,1990, actual
expenses were $620,000 less than budget, representing a 4.0 percent
favorabl e vari ance. The Di strict's temporary investments were hel din
Treasury bills and notes and the District's Local Agency Investment Fund
(LAIF) account with interest rates ranging from 7.73 percent to 9.47
percent. The latest interest rate at February 28, 1990, was 8.17
percent. The average yiel d for the LAIF account through February 28,
1990, was 8.538 percent.
Mr. Robert Baker, Deputy Chief Engineer, stated that at the last
Board meeti ng the Board was given a sllTlmary of the Capi tal Improvement
Program revenue for the first six months of the fiscal year and
projections for the remainder of the fiscal year. At this time, Mr.
Baker prov i ded a status report of some of the maj or proj ects in progress
in the Trea1ment Pl ant Program, the Coll ecti on System Program, and the
General Improvements Program.
Member Rainey entered the meeting at the hour of 4:16 p.m. during
Mr. Baker's report.
Mr. James Kelly, Planning Division Manager, provided a sllTlmary of
the Capital Improvement Program expenditures for the first six months of
the fiscal year, noting that actual expenditures of $7.9 million were
$17.7 million less than budgeted expenditures of $25.3 million,
representing 32 percent of budget. It is currently projected that
capi tal improvement expendi tures at the end of the fi scal year will be
$24.2 million, representing 96 percent of budget.
Presi dent Carl son decl9,red
Statements were duly received.
that
the
February
1990
Fi nanci al
XI.
EMERGENCY SIl1JATIONS REQUIRING BOAAD ACTION
None
1.
XII.
GENERAL MANPßER-QiIEF ENGINEER
REPORTS
a. Mr. Morsen, Deputy General Manager, reported that the Di stri ct
has mai ntai ned for some time that publ i c i nformati on programs in the
sChools are very effective. The Soroptomist Club in Danville has
approached the District and the Town of Danville to assist them in
sponsoring a group called the Recyclones who would provide a program on
recycling at all the grade schools in the Alamo and Danville areas. The
cost to the District would be $1,000. If the Board has no objection, the
District would join in sponsoring this group. The Board voiced no
obj ecti on.
b. Mr. Morsen reported that about four years ago the County held a
one-day household hazardous waste recycling event. Our plant was used as
a site at that time. There will be another household hazardous waste
recycling event on June 9, 1990 from 9 a.m. to 1 p.m. There will be
sites in various areas. of the County and the plant site may again be .
used. The District's graphics section will prepare a flyer for the
event. Mr. Morsen stated that while these events are good, they are very
expensive. In the long term, the District's plan to site a facility
would be more economical.
c. Mr. Morsen reported that Kent Alm, Counsel for the District,
has been working with other CASA members to get franchising sanitary
districts written into AB 939. The League of California Cities has not
been totally supportive of this effort. Mr. Morsen requested that the
Board consider the draft letter requesting the support of the cities for
wham the District franchises in this endeavor.
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Following discussion, the draft letter was approved with the
addition of a sentence indicating that the District would redraft the
proposed language as appropriate.
d. Mr. Morsen stated that the District's Solid Waste Committee has
met on a number of solid waste issues during the last few weeks. Member
Clausen has expressed some concerns on the legality of imposing a fee to
collect Acme closure costs at the transfer station. Mr. Morsen indicated
that staff wished to bring this matter to the full Board's attention.
The Board may wish to direct District Counsel to dò some legal work in
this regard. Following discussion, President Carlson stated the
consensus of the Board that staff and District Counsel review the
authority of the County to impose a fee to collect Acme closure costs
through the transfer station and the val idity of the requi rement that
this fee be paid retroactively to December 1989. Mr. Alm will provide
the Board with an estimate of the cost of this work and request
additional input at that time.
e. Mr. Morsen announced that Ms. Harriette Heibel, Public
Information Coordi nator, has resi gned to take a posi ti on with Waste
Management. Mc:. Heibel will be responsible for implementation of AB 939
in the Waste Management operation. The Board i ndi cated that Ms. Hei bel
would be missed by the District.
2.
COUNSEL FOR THE DISTRICT
None
3.
SECRETAAY OF THE DISTRICT
None
4.
BOAAD MEM3 ERS
Member Rai ney reported that the County's Hazardous Waste Pl an has
been accepted by the State. Contra Costa County's pl an is one of the
. ei ght county pl ans .that have been accepted.
XIII. ANNOJ NCEMEN TS
None
XIV. QOSED 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 versus Western Title
Insurance Company, et al, Contra Costa Superior Court No. 088-01497.
At 4 :52 p. m., Presi dent Carl son decl ared the closed sessi on to
discuss litigation pursuant to Government Code Section 54956.9(a). At
5:12 p.m., President Carlson concluded the closed session and reconvened
the meeting into open session.
xv.
ACTIONS RESULTING FROM DISQJSSION IN QOSED SESSION
None
XV I.
ADJ OU RNMEN T
There being no further business to come before the Board, President
Carlson adjourned the meeting at~.m. -
President of the Board of Directors
Central Contra Costa Sanitary District,
County of Contra Costa, State of Gal iforni a
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