HomeMy WebLinkAboutBOARD MINUTES 04-19-90
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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:
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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:
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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
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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,
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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.
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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.
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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.
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. 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.
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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:
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"a.(..,,".A!.L.,. ¡',II,. (l-Ü
Secr a I of the Central Contra
cost~Sanitary District, County
of Contra Costa, State of California
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