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HomeMy WebLinkAboutBOARD MINUTES 04-19-90 68 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOAFD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON APRIL 19, 1990 The District Board of the Central Contra Costa Sanitary District convened in a regular session at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, state of California, at 3 p.m. on April 19, 1990. President Carlson called the meeting to order and requested that the Secretary call roll. I. ROLL CALL PRESENT: Members: Boneysteele, Carlson Dalton, Clausen, Rainey, ABSENT: Members: None II. PUBLIC COMMENTS None III. AWARDS AND COMMENDATIONS 1. LETTER OF APPRECIATION FROM RICK AND BARB TITTLE FOR WORK DONE BY CSO CREWS Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that the letter of appreciation from Rick and Barb Tittle for work done by CSO crews was provided for the Board's information. President Carlson stated that the Board appreciates the District staff and crews in the field. They should be commended for their good work and sensitivity to the needs of the public. IV. HEARINGS 1. CONTINUE THE PUBLIC HEARING TO CONSIDER THE REQUEST OF PLEASANT HILL BAY SHORE DISPOSAL FOR APPROVAL OF THE ASSIGNMENT OF ITS FRANCHISE AGREEMENT TO MAY 3. 1990 Mr. Dolan, General Manager-Chief Engineer, stated that the information requested from Pleasant Hill Bayshore Disposal with regard to the request for assignment of its franchise was not received by the deadline for this Board meeting, so staff would ask that this matter be continued to May 3, 1990. It was moved by Member Clausen and seconded by Member Rainey, that the public hearing to consider the request of Pleasant Hill . Bayshore Disposal for approval of the assignment of its franchise agreement be continued to May 3, 1990. There being no objection, the motion was unanimously approved. V. CONSENT CALENDAR It was moved by Member Rainey and seconded by Member Boneysteele, that the Consent Calendar, consisting of eleven items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Resolution No. 90-047 accepting an easement at no cost to the District from Andrezej L. Fokowicz, et ux, Orinda area (Job 4532 - Parcel 11) was adopted and recording authorized. . Motion unanimously approved on the following vote: 04 1'9 90 69 AYES: Members: Rainey, Boneysteele, Dalton, Clausen, Carlson NOES: Members: None ABSENT: Members: None 2. Resolution No. 90-048 accepting an easement at no cost to the District from Robert T. Nelson, et ux, Orinda area (Job 4532 Parcel 12) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Rainey, Boneysteele, Dalton, Clausen, Carlson NOES: Members: None ABSENT: Members: None 3. Resolution No. 90-049 accepting an easement at no cost to the District from Lewis H. Daniel, et ux, Orinda area (Job 30 Parcel 18) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Rainey, Boneysteele, Dalton, Clausen, Carlson NOES: Members: None ABSENT: Members: None 4. Resolution No. 90-050 accepting an easement at no cost to the District from David C. Nolan, et ux, Orinda area (Job 30 - Parcel 19) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Rainey, Boneysteele, Dalton, Clausen, Carlson NOES: Members: None ABSENT: Members: None 5. Resolution No. 90-051 accepting an easement at no cost to the District from Oak Court Partners, Pleasant Hill area (Job 4292 Parcel 2) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Rainey, Boneysteele, Dalton, Clausen, Carlson NOES:' Members: None ABSENT: Members: None 6. Resolution No. 90-052 accepting an easement at no cost to the District from pei-Ying T. Yang, Orinda area (Job 4119 ext. - Parcell) was adopted and recording authorized. Motion unanimously approved on the following vote: 04 .19 90, 70 AYES: Members: Rainey, Boneysteele, Dalton, Clausen, Carlson NOES: Members: None ABSENT: Members: None 7. Resolution No. 90-053 accepting an easement at no cost to the District from Thomas O'Higgins, et ux, Orinda area (Job 4119 ext. - Parcel 2) was adopted and recording authorized. Motions unanimously approved on the following vote: AYES: Members: Rainey, Boneysteele, Dalton, Clausen, Carlson NOES: Members: None ABSENT: Members: None 8. 9. The Board was advised of the close out of the Treatment Plant Landscàping, Phase I Project (District Project 10031A) . This item was presented to the Board for information. No action was taken. Leave without Pay was authorized for Don Balestrieri, Maintenance Crew Member II, through September 21, 1990. Motion unanimously approved on the following vote: AYES: Members: Rainey, Boneysteele, Dalton, Clausen, Carlson NOES: Members: None ABSENT: Members: None 10. The purchase of Assessor's Parcel No. 159-140-042 (Lagiss) from Western Title Insurance Company in the amount of $5,000,000 in accordance with the settlement agreement was approved, $4,044,500 was authorized from the Sewer Construction Fund to the General Improvement Program Account, and Resolution No. 90-054 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: Rainey, Boneysteele, Dalton, Clausen, Carlson NOES: Members: None ABSENT: Members: None . Member Clausen requested that a final accounting of this project be presented when the project is closed. Mr. Dolan agreed that an accounting would be provided. 11. Ba T. Than, Assistant Engineer, was granted the District's one-step salary increase for professional registration differential effective February 22, 1990. Motion unanimously approved on the following vote: AYES: Members: Rainey, Boneysteele, Dalton, Clausen, Carlson NOES: Members: None ABSENT: Members: None 04 1.9 90:' 71 CALL FOR REOUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Dolan, General Manager-Chief Engineer, requested that Item XIII.I.c, discussion of proposed landfill sites, be taken out of order at 4 p.m. The Board concurred. VI. SOLID WASTE 1. RECEIVE INITIAL REPORT ON REFUSE COLLECTION RATE STRUCTURE ALTERNATIVES Mr. Dolan, General Manager~Chief Engineer, stated that over the last few years, a number of changes have taken place in the garbage industry and the level of service. There have been changes in the balance of cost between collection and disposal that would make it appropriate to consider modifications to the rate structure that would encourage recycling and other solid waste reduction efforts. Mr. Robert Hilton, of Hilton, Farnkopf and Hobson, reported that over the last five years the cost of disposal has gone from nine percent to nearly 40 percent of the total cost of collection. Mr. Hilton stated that the District currently uses a declining rate per can. In addition to the current rate structure, a flat monthly rate, a uniform per can rate, and an inverted per can rate are being considered. Mr. Hilton reviewed advantages and disadvantages of each alternative rate structure. Mr. Hilton presented the recommendations of the initial report on alternative refuse collection rate structures as follows: 1) That the full costs of recycling be included in the base collection rate and that this practice be re-evaluated in the future; 2) That the cost for collection of yard waste be included in the base collection rate for 1990-1991 and that this practipe be re-evaluated in 1990-1992; 3) That a refuse collection rate structure be selected or staff be directed to obtain additional information; and 4) That a public information program be implemente~ if the rate structure changes. Mr. Hilton stated that once the Board has provided direction on how to proceed with the rate structure, District staff will continue to work to develop the revenue requirement; Hil ton, Farnkopf and Hobson staff will calculate rates; and a presentation will be made to the Board of Directors for decision on the rates. Board discussion followed with regard to rate structure alternatives that would encourage recycling and waste reduction but not penalize those who cannot reduce waste. Following further discussion, it was the consensus of the Board that the full costs of recycling should be included in the base collection rate; that the cost for collection of yard waste should be included in the base collection rate for 1990-1991; and that both these issues should be re-evaluated in the future. A public hearing was set for 3 p.m. on May '17, 1990, to consider alternative refuse collection rate structures. President Carlson noted that it was 4 p.m. and proceeded to Item XIII.1.c., Reports. XIII. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER c. Mr. Dolan, General Manager-Chief Engineer, stated that after Mr. sid Corrie proposed.to the Board that they use the Kirker, 04 19 90: 72 Pass site as a public landfill, the Board decided to take an aerial inspection of all currently proposed sites. This was done on April 6, 1990. This item was placed on the agenda to provide an opportunity to discuss this subject further. Members Carlson and Boneysteele briefly described the sites that were inspected discussing such factors as location, size, accessibility, current utilization, and uses of surrounding properties. Board discussion followed concerning cooperation with other public agencies in the development of a publicly-owned landfill and the effect of the June election on the landfill sites. It was the consensus of the Board to defer discussion or action on a publicly-owned landfill site until after the election in June. Mr. Dolan stated that the District is proceeding with the cities of Walnut Creek and San Ramon with the study on a Central County publicly-owned transfer station. If the three agencies el~ct to proceed with a JPA, that JPA could serve as the organization to develop a publicly-owned landfill if the Board decides to go forward. At this time, President Carlson reverted to the order of the agenda. VII. PERSONNEL 1. APPROVE PERSONNEL BUDGET REOUESTS FOR FISCAL YEAR 1990-1991 Mr. Dolan, General Manager-chief Engineer, stated that since the agenda went out, the Union has indicated that they wish to meet and confer on this item. Staff would recommend that the Board approve the Personnel Budget subject to any changes that may be recommended after the meet and confer process. It was moved by Member Boneysteele and seconded by Member Rainey, that the Personnel Budget for Fiscal Year 1990-1991 identified as items one through fourteen in the position paper, be approved for inclusion in the final budget scheduled for adoption on June 21, 1990, subject to any changes that may be recommended after meet and confer with the Union. Member Clausen stated that as he indicated at the last meeting, he cannot support any changes that add additional positions to the staff because of the impact on the Sewer Service Charge. Member Clausen stated that he supported the Personnel Budget changes that do not add staff. Following discussion of the level of service provided by the District, the changing environmental and regulatory requirements, and staff's efforts to minimize staffing requirements, President Carlson called for a vote on the above motion to approve the Personnel Budget for inclusion in the final budget scheduled for adoption on June 21, 1990, subject to any changes that may be recommended after meet and confer with the Union. The motion was approved with Member Clausen voting no. VIII. CORRESPONDENCE 1. ACKNOWLEDGE RECEIPT OF LETTER FROM MR. STEPHEN A. MINTON. JR. CONCERNING SOLID WASTE MATTERS Receipt of the letter from Mr. Stephen A. Minton, Jr. concerning solid waste matters was noted and staff was directed to draft a response for President Carlson's signature. 2. ACKNOWLEDGE RECEIPT OF LETTER FROM MR. GARY G. GALLAHER CONCERNING REFUSE COLLECTION RATE-SETTING PROCEDURES Board and staff discussed the billing procedures of the refuse collectors, the issue of retroactive rates, and the public hearing notification process. Staff was directed to calendar this matter on the May 3, 1990 agenda for further discussion. 04 1.9 90 73 IX APPROVAL OF MINUTES 1. MINUTES OF APRIL 5. 1990 It was moved by Member Dalton and seconded by Member Rainey, that the minutes of April 5, 1990, be approved with the following amendments. On page 11, item d., the words "on April 12, 1990" were inserted in the first sentence following the word "celebration." The last sentence in the second paragraph on page 11 was changed to read, "With President Carlson's concurrence, they would expect to pass this cost on as an operating expense. President Carlson agreed." The following was added after the second sentence in the sixth paragraph on page 11: "Ms. Hoffman requested that this section be revised by means of an overlay sticker." 11: The following was added at the end of paragraph six on page "There was no Board action on Ms. Hoffman's request." The following was added on page 8 in the first sentence of the fourth paragraph following the word "Center, " "which was represented by a member of the law firm with which he is associated." There being no objection, the minutes of April 5, 1990, were unanimously approved with the amendments noted above. X. APPROVAL OF EXPENDITURES 1. EXPENDITURE LIST DATED APRIL 19. 1990 After many questions and diligent scrutiny, it was moved by Member Boneysteele and seconded by Member Dalton, that the Expenditure list dated April 19, 1990, including Self-Insurance Check Nos. 100438-100439, Running Expense Check Nos. 52273-52625, and Sewer Construction Check Nos. '8122-8186, be approved as recommended. There being no objection, the motion was unanimously approved. XI. BUDGET AND FINANCE 1. RECEIVE MARCH 1990 FINANCIAL STATEMENTS Mr. Walter N. Funasaki, Finance Officer, reviewed the results of operations and maintenance for the month of March 1990, noting that expenditures were $85,000 less than budget, representing a 4.3 percent favorable variance. For the nine months ended March 31, 1990, actual expenses were $705,000 less than budget, representing a 4.0 percent favorable variance. The District's temporary investments were held in 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 March 31, 1990, was 8.60 percent. The average yield for the LAIF account through March 31, 1990, was 8.506 percent. Following discussion of the average interest rate of all District investments and the status of revenues, President Carlson declared that the March 1990 Financial Statements were duly received. REVIEW THE FINANCIAL STATUS OF THE SELF-INSURANCE FUND AND APPROVE NO INCLUSION FOR THE FUND IN THE 1990-1991 O&M Budqet. Mr. Jack E. Campbell, Administrati ve Operations Manager, reviewed the trend of expenditures and revenues since the Fund was 2. 04' ¡ig . 90 74 established. Mr. Campbell stated that the Self-Insurance Fund reserve level is expected to reach $5.8 million assuming stable interest rates, continued good loss experience, and without O&M re- funding for the 1990-1991 fiscal year. A very conservative estimate of the savings to the District resulting from the decision to self-insure is estimated to be over $3 million for the first four years in premium costs. Staff would recommend that beginning next year, the reserve level be indexed to inflation and adjusted appropriately by annual increments from the O&M Budget. Member Clausen stated that it would be prudent to continue funding the Self-Insurance Fund at the $500,000 level as in previous years. Member Boneysteele stated that the District is facing increases in other areas and the ratepayers should get the benefit of the savings in the Self-Insurance Fund. It was moved by Member Boneysteele and seconded by Member Dalton, that no increment for the Self-Insurance Fund be included in the 1990-1991 O&M Budget. There being no objection, the motion was unanimously approved. XII. EMERGENCY SITUATIONS REOUIRING BOARD ACTION None XIII. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan, General Manager-chief Engineer, stated that the concept of revising the refuse collection profit-setting formula used by the District was discussed some time ago and it was agreed to consider this concept further. The use of two new criteria for computi'ng profit was proposed. Those new criteria would be customer satisfaction and low overall cost of service. Staff attempted to promote interest in studying this concept among the local Sèhools of Business or Public Administration. So far no one has indicated an interest in this project. Following discussion, there was a consensus to continue to pursue this concept with an economist rather than a business or public administration person. b.. Mr. Dolan distributed the schedule for setting refuse collection rates effective July 1, 1990. Mr. Walter Funasaki, Finance Officer, stated that rate increase applications have been received from Orinda-Moraga Disposal Service, Inc. and Valley Waste Management. No rate increase application has been received from Pleasant Hill Bayshore Disposal. c. This item was taken out of order earlier in the agenda. d. Mr. Dolan stated that as the Board is aware, recent legislation requires that public agencies establish a plan for the management of household hazardous waste. Mr. Dolan introduced Mr. Paul Morsen, Deputy General Manager, who stated that each community is required to have a Household Hazardous Waste Plan and a means of diverting household hazardous wastes from the waste stream. The District has an interest in keeping household hazardous wastes such as oil, antifreeze, and paint out of the sewers. Mr. Morsen reviewed alternative methods for dealing with household hazardous wastes and the advantages and disadvantages of each. Mr. Morsen presented the staff recommendation that a permanent Household Hazardous Waste (District Source Control) Facility be sited. Initially the facility would accept motor oil, latex paint, automobile batteries, and antifreeze. In the second phase, the facility would be expanded to accept non-recyclable pesticides, oil based paints, and household chemicals. Capital funds for the facility would be obtained through AB 2448 money and District funds. The O&M costs would be funded through the franchise fee. Following discussion of the funding options and source control issues, the Board expressed general support for the staff approach. 04: 1~9 4 ' 90 75 . e. Mr. Dolan reported that Mr. Mark Koblick, a member of the Contra Costa County Grand Jury, has requested that the District nominate 'him for a seat on the state Integrated ,Waste Management Board. The Board has been provided with a copy of his resume. The Board previously endorsed Ms. Avon Wilson, Lafayette City Councilmember and Solid Waste Commission member, for this Board. Following discussion, it was the consensus of the Board that by endorsing a second candidate, the District's previous ,endorsement would be weakened. Staff was requested to convey this information to Mr. Koblick. f. Mr. Charles W. Batts, Plant operations Department Manager, discussed the history, current status, and future budget considerations relating to'the Effluent Characterization Program for the Regional Board. The 1990-1991 Plant operations Department Budget contains substantial'increases to cover cost of test work for identification of toxics in air emissions and effluent. The Source Control section is working to identify sources of toxics in the collection system. At this time, a question concerning the adequacy of the dilution at the outfall exists. This question is being discussed with the regulators. Mr. Dolan stated that at some point it may be necessary to build a difuser if we are unable to. ~eet the tenfold dilution requirement at all times. g. Mr. Dolan announced that the District had a booth at the April 12, 1990 Earth Month event sponsored by Contra Costa County. Mr. Dolan distributed a photograph showing the display and indicated that it was very effective. h. Mr. Dolan announced that Maintenance Coordinator II Leslie Chapman, Secretary)I Tammy Dow, Administrative Analyst John Mercurio, Senior Engineer Tad Pilecki, and Junior Engineer Paul Sciuto, representing Central Contra Costa Sanitary District, finished first in the Corporate Division of the Pleasant Hill Community challenge 5K Run. i. Mr. Dolan announced that all the Board Members are invited to attend the tree planting events sponsored by Valley Waste Management in recognition of Earth Month. Invi tations were sent to each Board Member. j. Mr. Dolan distributed copies of the Report to the Community on the 1990 Ten-Year Capital Improvement Plan. This brochure will be mailed to 2,000 to 3,000 developers and interested public officials. k. Mr. Dolan announced that an article recently appeared in the Contra Costa Times concerning the Bay. Area Air Quality Management District's plans to impose tougher fines for odor. We have requested that a better job be done by BAAQMD personnel in confirming complaints, and that the discharger be given a hearing to refute the charge or to show that the odor was not due to negligence. 1. Ms. Cathryn Freitas, Personnel Officer, showed an employee orientation video developed by Ken Grubbs, Harriette Heibel, and Cathryn Freitas. After viewing the video, the Board commended staff on the excellent piece of informational material. 2. COUNSEL FOR THE DISTRICT Mr. Kenton L. AIm, Counsel for the District, reported that he recently became a member of the CASA Legislative Committee. This entails an additional degree of service and so it would be appropriate for the full Board to be aware of and to concur with this activity. Mr. AIm briefly reviewed the time and service requirements that membership would involve. In the discussion that followed, there was a consensus that Mr. AIm continue with his work on the CASA Legislative Committee because of the benefits derived by the District from his participation. 04; 1.9. 9(.0,::: ~ 76 3. SECRETARY OF THE DISTRICT a. Ms. Joyce E. McMillan, Secretary of the District, stated that, at the request of the Board, rescheduling the May 3, 1990 . Board meeting was calendared for consideration. Following discussion, it was determined that no change would be made in the May 3, 1990 Board meeting date. b. The Training and Conference Summary for January-March 1990 was distributed. 4. BOARD MEMBERS . a. Member Rainey reported that the County is sponsoring a Household Hazardous Waste Collection Day on Saturday, June 9,1990, from 9 a.m. to 1 p.m. b. Member Rainey reported that appointments to the Contra Costa County Integrated Waste Management Plan Task Force have been made. There is some question as to what will happen to the Solid Waste Commission. The Solid Waste Commission has written a letter to the Board of Supervisors requesting that they be retained in an advisory capacity. c. The Board of Supervisors will consider the Solid Waste JPA on May 14, 1990 at the Board's Environmental Affairs Committee. d. Member Clausen reported on the March 28, 1990 meeting in San Jose at which export of Contra Costa solid waste to San Jose was discussed. Because of the many conditions being imposed by San Jose, County staff has been directed to re-open negotiations with San Joaquin County and stanislaus County. XIV. ANNOUNCEMENTS None 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 T. M. Road Boring vs Dalton Construction, CCCSD, et aI, Contra Costa Superior Court No. C89-04027. At 7: 02 p.m~, President Carlson declared the closed session to discuss litigation pursuant to Government Code Section 54956.9(a). At 7:12p.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 7:14 p.m. to reconvene at 6:30 p.m. on April 26,1990, at the Velvet Turtle, 100 Chilpancingo Parkway, Pleasant Hill, California, for a meeting with Special Districts in Contra Costa County to discuss items of mutual concern. /;t~ President of the Board of Directors Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: /1 . i. i, . . ;-. IY¡,: /V' I "a.(..,,".A!.L.,. ¡',II,. (l-Ü Secr a I of the Central Contra cost~Sanitary District, County of Contra Costa, State of California 0& 1,'0 ': 0'1\