HomeMy WebLinkAboutBOARD MINUTES 07-12-90
124
MINUTES OF THE ADJOURNED REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE CENTRAL CONTRA
COSTA SANITARY DISTRICT HELD ON JULY 12, 1990
The District Board of the Central Contra Costa Sanitary
District convened in an adjourned regular session at its regular
place of meeting, 5019 Imhoff Place, Martinez, County, of Contra
Costa, State of California, at 3 p.m. on July 12, 1990.
President Carlson called the meeting to order and requested
that the Secretary call roll.
1.
ROLL CALL
PRESENT:
MEMBERS:
Boneysteele, Dalton, Clausen, Rainey,
Carlson
ABSENT:
MEMBERS:
None
2.
PUBLIC COMMENTS
None
3.
HEARINGS
a.
CONDUCT A PUBLIC HEARING TO CONSIDER THE APPLICATIONS FOR
REFUSE COLLECTION RATE INCREASES SUBMITTED BY VALLEY WASTE
MANAGEMENT AND ORINDA-MORAGA DISPOSAL SERVICE. INC.. AND TO
ESTABLISH REFUSE COLLECTION RATES EFFECTIVE JULY 1. 1990
Mr. Roger J. Dolan, General Manager-Chief Engineer, introduced
Mr. Walter N. Funasaki, Finance Officer, and Mr. Robert Hilton, of
Hilton Farnkopf & Hobson. Mr. Funasaki reviewed the following
major issues which are common to both refuse collection rate
applications: 1) significant expense increases and their effect on
collection rates; 2) potential expenses common to both refuse
collectors which are closure and post-closure maintenance costs of
the Acme landfill and the possibility of a disposal fee increase at
the Acme Transfer Station; 3) a commercial recycling increment to
be assessed to the commercial and multi-family units; and 4) ~ate
restructure to achieve lowered volumes of solid waste being
disposed in landfills. ' Mr. Funasaki stated that the Board' has
indicated interest in a uniform rate structure for refuse
collection and called upon Mr. Hilton.
Mr. Hilton reviewed ,the final report from Hilton Farnkopf &
Hobson on the al ternati ve refuse rate structures. In the past, the
incremental cost of refuse collectiqn was low and landfill capacity
was readily available. . At present, the incremental cost has risen
and landfill capacity is severely restricted. In the future, the
incremental cost will remain high and landfill capacity will remain
a precious and limited resource. The uniform can rate would
encourage reduction and recycling, but customers that dispose of
large volumes may object because of the increased cost to them.
Valley Waste Management has indicated a 2.3 percent reduction in
multi-can customers because of recycling. President Carlson
thanked Mr. Hilton.
a.l) PUBLIC HEARING TO CONSIDER THE APPLICATION FOR REFUSE
COLLECTION RATE INCREASES SUBMITTED BY VALLEY WASTE MANAGEMENT
Mr. Funasaki presented the staff report on the rate
application submitted by Valley Waste Management. Valley Waste
Management submitted an application for a 6.52 percent across the
board increase effective July 1, 1990. Included :.n its forecasted
operating expenses are $431,000 of closure dn~ post cl~Gure,costs
of Acme landfill. In the staff analysis, t).e $431,000 assessment
has been excluded from operating expenses, and i~s effec~ on the
rate adjustment calculation separately prf,sented. Two inte:1'"company
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charges which are assessed by Waste Management, Inc. to Valley
Waste Management are included in the rate application as operating
expenses. The intercompany charges assessed by the parent company
to operating divisions for regional support services and corporate
services are based on one percent of gross revenues and are
$116,000 for each charge for the 1990-1991 rate year. In the staff
analysis, both intercompany charges have been excluded from
operating expenses, and their effect on the rate adjustment
calculation separately presented. . Mr. Funasaki reviewed the
significant expense increases and their effect on collection rates
and reviewed the staff proposals presented for the Board's
consideration as set forth in the position paper.
President Carlson opened the public hearing at the hour of
3:50 p.m.
Mr. Jim Landa, Controller of Valley Waste Management,
addressed the Board stating that staff's computation this year is
a 94 percent operating ratio versus last year's operating ratio of
92.5 percent, and that it was his understanding that the Board's
action last year was to set the operating ratio at 92.5 percent.
There is also an additional $20,000 being requested because of the
new;gas tax. Valley Waste Management had a $567,000 profit last
year and with the proposed District staff calculated increase to
refuse collection rates, the profit would be lowered to $441,000.
President Carlson acknowledged receipt of the letter from Valley
Waste Management regarding the gas tax increase.
Mr. Ron Proto, General Manager of Valley Waste Management,
addressed the Board regarding recycling, stating that in looking at
the staff analysis of commercial and multi-family rates, Valley
feels that the total net expenses are $440,000 with the profit from
sale of recyclables of $72,800 and $275,000 to make up the revenue
which staff said is needed. Total revenues would be $348,000. ,
This is a 116 percent operating ratio. Valley has recalculated the
total amount of revenue required to be $430,000. This would give
Valley an operating ratio of 94 percent. Full implementation of
the commercial recycling program will take place by January 31,
1991. Commercial recycling has already started in several
locations.
Mr. Don Tatzin, Councilmember, City of Lafayette, addressed
the Board referring to the July 12, 1990 letter from the City of
Lafayette and the newly appointed Lafayette City Advisory Committee
on Solid Waste. The Lafayette City Council requests that '1) Valley
Waste Management's request for a 2 percent intercompany charge be
denied; 2) request to include forecasted closure costs of Acme
Fill be denied - instead transfer reasonably assessed funds to a
trust fund; 3) institute full flat rate can pricing. system
immediately; and 4) continue/expand the Board's philosophy of
excluding costs which are not controllable by valley from operating
expenses in computing the allowed operating ratio.
Mr. John R. Tulley, 3486 Springhill Court, Lafayette,
expressed opposition to the proposed'rate increase and stated that
recycling should not increase rates but possibly decrease rates.
There being no further comments, President Carlson closed the
public hearing at the hour of 5 p.m.
At 5:00 p.m. President Carlson declared a recess, reconvening
at the hour of 5:07 p.m.
a.2) PUBLIC HEARING TO CONSIDER THE APPLICATION FOR REFUSE
COLLECTION RATE INCREASE SUBMITTED BY ORINDA-MORAGA DISPOSAL
SERVICE. INC.
Mr. Funasaki presented the staff report on the rate
application submitted by Orinda-Moraga Disposal Service, Inc.
Orinda-Moraga Disposal Service, Inc. submitted an application for
a 24.31 percent across-the-board rate increase effective July 1,
1990. Mr. Funasaki reviewed the significant expense increases and
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their effect on collection rates and reviewed the staff proposals
presented for the Board's consideration, as set forth in the
position paper. In the staff analysis, the $110,000 annual closure
cost assessment has been considered in the rate adjustment
calculation, and its effect separately presented, additionally, a
$150,000 environmental contingency reserve, which is intended to
provide for the estimated expense of conducting an investigation to
determine whether contamination may have resulted from a leaking
diesel storage tank in the corporation yard, is not included in
operating expenses and its effect on the rate adjustment
calculation is separately presented.
President Carlson opened the public hearing at the hour of
5:20 p.m.
Mr. Ken Little, attorney for orinda-Moraga Disposal Service,
Inc., addressed the Board, stating last year's operating ratio was
computed at 92.5 or 93 percent and he feels we should continue in
that practice. If disposal costs are added back in, then the
operating ratio should be lowered. The proj ected increase in
disposal costs to allow for Acme closure costs is $110,000. Mr.
Little spoke of the lost profits of $102,000 due to recycling
programs. The sales were less and the costs higher than
anticipated and he requested reimbursement. He also requested
$150,000 for the environmental contingency reserve to conduct the
investigation of potential contamination from a diesel storage tank
which leaked some years.
Mr. Douglas Lomow, of Orinda-Moraga Disposal Service, Inc.,
addressed the Board stating that he believes the $50,000 cost of
the covenant not to compete should be allowed even though it is an
acquisition-related cost. other expenses he requested to be
included in the rate increase were related to a route audit,
customer relations, corporate identification, the Proposition 111
fuel taxes, and a consulting agreement with the Navone family. In
summary, Mr. Lomow stated that Orinda-Moraga is known for providing
the highest level of service and being responsive to its customers.
Mr. Lomow requests that the District allow him the necessary
expenses in the rate to allow Orinda-Moraga to continue to be the
leader in the State.
Mr. Pete Brethauer, accountant for Orinda-Moraga Disposal
Service, Inc., reviewed the operating ratio and stated that Orinda-
Moraga wishes to maintain the operating ratio of 92.5 percent that
was granted last year.
Mr. George Navone, Orinda-Moraga Disposal Service, Inc.,
addressed the Board stating that he is selling his business,because
it is no longer possible to compete with the Waste Management and
BFI's of the world. By selling, he is bringing his company that is
in trouble, up to 20th century standards; it will still be a small
company but able to compete with the big companies.
There being no further comments, President Carlson closed the
public hearing at the hour of 6:12 p.m.
President Carlson stated that correspondence from Valley Waste
Management, dated July 9, 1990, correspondence from the City of
Lafayette, dated July 12 with attachments from Mr. Stephen Minton,
and correspondence from Mr. Ken Little of Little & Saputo, dated
July 11, 1990 is acknowledged and by reference incorporated into
the minutes.
In the discussion that followed, Mr. Dolan indicated that
there were two fundamental questions that must be answered. First,
which expenses were to be allowed to be included in the rate
calculation. Secondly, the Board should decide what the
appropriate level of profit is. The Board provided general
guidance on those expense items to be allowed. Mr. Dolan suggested
. that staff could review the historical profit levels for the
franchisees and present these figures reduced to a prof it per
customer basis. He indicated that an allowance for interest on
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capi tal might be computed but that that would require further
consideration. The Board indicated an interest in this approach.
The Board then requested staff to prepare revised estimates of the
garbage rate increase based on the comments and guidance provided.
It was moved by Member Clausen and seconded by Member Rainey
that consideration of the refuse collection rate increase by Valley
Waste Management and Orinda-Moraga Disposal Service, Inc. be
continued to August 2, 1990. There being no objection, the motion
was unanimously approved.
Mr. Doian addressed the Board regarding the refuse collection
rate restructure. The present rate structure assesses a single
,lower rate for each additional can beyond the basic single-can
residential service, and lower rate per cubic yard for larger
commercial containers. The rapid escalation in the disposal fees
has led to consideration of an alternative rate structure. The
final report from Hilton Farnkopf and Hobson, dated July 3, 1990,
presents each of the July 1,1990 rate alternatives included in the
District staff analysis of the rate applications for Valley Waste
Management and Orinda-Moraga Disposal Service, Inc. in the
restructured format. Pleasant Hill Bayshore's rate restructure is
based on the rates set February 1, 1990. Also an option which
would provide for a phase-in of the uniform rate restructure over
a three-year period was presented.
It was moved by President Carlson that the. uniform rate
restructuring be implemented in one year. The motion failed to
carry for lack of a second.
It was moved by Member Boneysteele and seconded by Member
Dalton that the uniform rate restructure be phased in over a three-
year period. Motion approved on the following roll call vote:
AYES:
Members:
Boneysteele, Dalton, Clausen, Rainey
NOES:
Members:
Carlson
ABSENT:
Members:
None
4.
BIDS AND AWARDS
a.
AUTHORIZE AWARD OF PURCHASE ORDER TO SIERRA DETROIT DIESEL TO
FURNISH FOUR PUMPING STATION EMERGENCY GENERATOR SETS FOR A
TOTAL OF $62.743
It was moved by Member Clausen and seconded by Member Rainey,
that award of the purchase order to Sierra Detroit Diesel, the
lowest responsible bidder, at a cost of $62,743 to furnish four
emergency generator sets for the District pumping stations be
authorized. Motion unanimously approved on the following roll call
vote:
AYES: Members: Clausen, Rainey, Boneysteele, Rainey,
Carlson
NOES: Members: None
ABSENT: Members: None
5. CONSENT CALENDAR
It was moved by Member Rainey and seconded by Member Clausen,
that the Consent Calendar, Items a. through r., be approved as
recommended, resolutions adopted as appropriate, and recordings
duly authorized.
a.
Resolution No. 90-077 accepting an easement at no cost to
the District from L. G. Macias, et ux, Lafayette area
(Job 4650 Parcel 3) was adopted and recording
authorized.
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Motion unanimously approved on the following vote:
AYES: Members: Rainey, Clausen, Boneysteele, Dalton,
Carlson
NOES: Members: None
ABSENT: Members: None
b.
Resolution No. 90-078 accepting an easement at no cost to
the District from S. Dann, et ux, Lafayette area (Job
4650 - Parcel 4) was adopted and recording authorized.
Motion unanimously approved on the following vote:
AYES: Members: Rainey, Clausen, Boneysteele, Dalton,
Carlson
NOES: Members: None
ABSENT: Members: None
c.
Resolution No. 90~079 accepting an easement at no cost to
the District from T. J. Sullivan, 'et ux, Lafayette area
(Job 4650 Parcel 5) was adopted and recording
authorized.
Motion unanimously approved on the following vote:
AYES: Members: Rainey, Clausen, Boneysteele, Dalton,
Carlson
NOES: Members: None
ABSENT: Members: None
d.
Resolution No. 90-080 accepting an easement at no cost to
the District from D. R. Iventosh, et ux, Lafayette area
(Job 4650 Parcel 6) was adopted and recording
authorized.
Motion unanimously approved on the following vote:
AYES: Members: Rain~y, Clausen, Boneysteele, Dalton,
Carlson
NOES: Members: None
ABSENT: Members: None
e.
Resolution No. 90-081 accepting an easement at no cost to
the District from S. Swanson, Lafayette area (Job 4650-
Parcel 7) was adopted and recording authorized.
Motion unanimously approved on the following vote:
AYES: Members: Rainey, Clausen, Boneysteele, Dalton,
Carlson
NOES: Members: None
ABSENT: Members: None
f.
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Resolution No. 90-082 accepting an easement at no cost to
the District from E. Sponzilli, et ux, Lafayette area
(Job 4650 Parcel 8) was adopted and recording
authorized.
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Motion unanimously approved on the following vote:
AYES: Members: Rainey, Clausen, Boneysteele, Dalton,
Carlson
NOES: Members: None
ABSENT: Members: None
g.
Resolution No. 90-083 accepting an easement at no cost to
the District from D. R. Doll, et ux, Lafayette area (Job
4650 - Parcel 9) was adopted and recording authorized.
\ '
Motion unanimously approved on the following vote:
AYES: Members: Rainey, Clausen, Boneysteele, Dalton,
Carlson
NOES: Members: None
ABSENT: Members: None
h.
Resolution No. 90-084 accepting an easement at no cost to
the District from P. Grossgart, et ux, Lafayette area
(Job 4650 parcel 10) was adopted and recording
authorized.
Motion unanimously approved on the following vote:
AYES: Members: Rainey, Clausen, Boneysteele, Dalton,
Carlson
NOES: Members: None
ABSENT: Members: None
i.
Resolution No. 90-085 accepting an easement at no cost to
the District from L. G. Macias, et' ux, Lafayette area
(Job 4650 Parcel 11) was adopted and recording
authorized.
Motion unanimously approved on the following vote:
AYES: Members: Rainey, Clausen, Boneysteele, Dalton,
Carlson
NOES: Members: None
ABSENT: Members: None
j.
Resolution No. 90-086 accepting an easement at no cost to
the District from F. A. Chapman, Lafayette area (Job 4650
- Parcel 12) was adopted and recording authorized.
Motion unanimously approved on the following vote:
AYES: Members: Rainey, Clausen, Boneysteele, Dalton,
Carlson
NOES: Members: None
ABSENT: Members: None
k.
Resolution No. 90-087 accepting an easement at no cost to
the District from S. Dann, et ux, Lafayette area (Job
4650 - Parcel 13) was adopted and recording authorized.
t"O7,..
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130
Motion unanimously approved on the following vote:
AYES: Members: Rainey, Clausen, Boneysteele, Dalton,
Carlson
NOES: Members: None
ABSENT: Members: None
1.
Resolution No. 90-088 accepting a temporary construction
easement at no cost to the District from S. Dann, et ux,
Lafayette area (Job 4650 - Parcel 14) was adopted and
recording authorized.
Motion unanimously approved on the following vote:
AYES: Members: Rainey, Clausen, Boneysteele, Dalton,
Carlson
NOES: Members: None
ABSENT: Members: None
m.
Agreement relating to real property with Airline Foods,
Inc., Job 2081 - Parcel 2, San Ramon area was approved,
the President of the District Board of Directors and the
Secretary of the District were authorized to execute and
record said agreement, and Resolution No. 90-089 was
adopted to that effect.
Motion unanimously approved on the following vote:
AYES: Members: Rainey, Clausen, Boneysteele, Dalton,
Carlson
NOES: Members: None
ABSENT: Members: None
n.
Easement agreement with the state of California, Job
4618, Parcel 1, Mount Diablo State Park area was
approved, the President of the District Board of
Directors and the Secretary of the District were
authorized to execute and record said agreement, and
Resolution No. 90-090 was adopted to that effect.
Motion unanimously approved on the following vote:
AYES: Members: Rainey, Clausen, Boneysteele, Dalton,
Carlson
NOES: Members: None
ABSENT: Members: None
o.
Quitclaim sewer easement to Konrad H. Westphal, Orinda
area, Job No. 3326, was approved, the President of the
District Board of Directors and the Secretary of the
District were authorized to execute and record said
quitclaim sewer easement, and Resolution No. 90-091 was
adopted to that effect.
Motion unanimously approved on the following vote:
AYES: Members: Rainey, Clausen, Boneysteele, Dalton,
Carlson
NOES: Members: None
ABSENT: Members: None
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p.
Authorization was given for P.A. 90-10 (Danville) and
P.A. 90-11 (Danville) to be included in a future formal
annexation to the District.
Motion unanimously approved on the following vote:
AYES: Members: Rainey, Clausen, Boneysteele, Dalton,
Carlson
NOES: Members: None
ABSENT: Members: None
q.
Confirm "Amended Assessment Diagram" and apportion
assessment amounts and authorize recording of said
Diagram, Local Improvement District 56, Walnut Creek
area.
Motion unanimously approved on the following vote:
AYES: Members: Rainey, Clausen, Boneysteele, Dalton,
Carlson
NOES: Members: None
ABSENT: Members: None
r.
Resolution Nos. 90-092. 90-093. 90-094. 90-095. and 90-
096 were adopted to initiate proceedings to create Local
Improvement District No. 58 for the construction of
public sewers in Camino Amigo in the Town of Danville.
Motion unanimously approved on the following vote:
AYES: Members: Rainey, Clausen, Boneysteele, Dalton,
Carlson
NOES: Members: None
ABSENT: Members: None
CALL FOR REOUESTS TO CONSIDER ITEMS OUT OF ORDER
None
6.
ADMINISTRATIVE
CONSIDER A REOUEST FOR REFUND OF SEWER SERVICE CHARGES FOR A
PERIOD WHICH EXCEEDS THE DISTRICT'S MAXIMUM TIME LIMIT
a.
It was moved by Member Clausen and seconded by Member Rainey
that the request made on behalf of Maria Vergnes for a variance
from the District's policy which limits refunds of Sewer Service
Charges to four years, and the refund of the entire $1,523 which
was paid over a fourteen year period be approved subject to the
condition that the money is used for sewer connection. Motion
unanimously approved on the following roll call vote:
AYES: Members: Clausen, Rainey, Boneysteele, Dalton,
Carlson
NOES: Members: None
ABSENT: Members: None
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7. .ENGINEERING
a.
AUTHORIZE EXECUTION OF AN AGREEMENT WITH CH2M HILL FOR
CONSTRUCTION MANAGEMENT SERVICES DURING DESIGN OF THE
HEADWORKS FACILITIES EXPANSION PROJECT. DP 20069
It was moved by Member Dalton and seconded by Member Carlson,
to autho~ize General Manager-chief Engineer to execute a Cost
Reimbursement Agreement with a cost ceiling of $69,493 with CH2M
Hill for construction management services during design of the
Headworks Facilities Expansion Project, DP 2006~. There being no
objection, the motion was unanimously approved.
b.
AUTHORIZE EXECUTION OF AN AGREEMENT WITH G. S. DODSON &
ASSOCIATES FOR DESIGN OF THE MARTINEZ PUMPING SYSTEM
IMPROVEMENTS PROJECT. DP 4682
It was moved by Member Rainey and seconded by Member Dalton,
to authorize the General Manager-chief Engineer to execute a Cost
Reimbursement Agreement with a cost ceiling of $729,471 with G. S.
Dodson & Associates for the Martinez Pumping System Improvements
Project, DP 4682. There being no objection, the motion was
unanimously approved.
c.
AUTHORIZE PRESIDENT OF THE BOARD OF DIRECTORS TO EXECUTE AN
AGREEMENT WITH CONTRA COSTA COUNTY FOR MEMBERSHIP IN THE
CONTRA COSTA COUNTY COMPUTER MAPPING SYSTEM AND GEOGRAPHIC
INFORMATION SYSTEM
It was moved by Member Dalton and seconded by Member
Boneysteele to authorize the President of the Board of Directors to
execute an agreement with Contra Costa County for membership in
Contra Costa County Computer Mapping System and Geographic
Information System. There being no objection, the motion was
unanimously approved.
8.
LEGAL/LITIGATION
a.
DENY CLAIM FOR DAMAGES FROM KENNETH J. CROW
It was moved by Member Clausen and seconded by Member Rainey
to deny the claim for damages from Kenneth J. Crow, an employee of
County Quarry Products, Inc., a tenant of the District, who was
injured in an industrial accident, and refer to staff for further
action as needed. There being no objection, the motion was
unanimously approved.
9.
CORRESPONDENCE
a.
LETTER FROM SUNNE McPEAK AND TOM POWERS. CO-CHAIR OF THE
PLASTICS TASK FORCE. SUGGESTING IMPLEMENTATION OF CURBSIDE
COLLECTION OF WASTE PLASTIC
President Carlson acknowledged receipt of the letter from
Sunne McPeak and Tom Powers, suggesting implementation of curbside
collection of waste plastic.
b.
LETTER FROM ORINDA-MORAGA DISPOSAL SERVICE. INC. REGARDING
PLASTICS RECYCLING
President Carlson acknowledged receipt of the letter from
Orinda-Moraga Disposal Service, Inc. regarding plastics recycling.
Mr. Dolan suggested to Member Rainey that the County Solid Waste
Commission send a letter to the AB 939 Task Force regarding this
item.
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10.
APPROVAL OF MINUTES
a.
MINUTES OF JUNE 21. 1990
It was moved by Member Dalton and seconded by Member Rainey
that the minutes of June 21,1990 be approved with the following
amendments:
On page 3, at the beginning of the first sentence in the third
paragraph, ,the phrase "Discussion followed" was deleted and the
phrase "The Board questioned Mr. Williams" was added.
On page 4, the following paragraph was added after the first
paragraph. "Mr. Clausen asked Mr. Zelaya if he correctly
understood Mr. Zelaya's earlier statement that Mr. Lee signed the
bid forms in blank before he left and that he (Zelaya) filled out
the forms later. Mr. Zelaya indicated that that was correct."
On page 4, in the sixth paragraph, the word "you" in the
second sentence was deleted and the words "the Board" were added in
its place.
There being no objection, the above motion was unanimously
approved.
11.
APPROVAL OF EXPENDITURES
a.
EXPENDITURE LIST DATED JULY 12. 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 July 12, 1990, including
Self-Insurance Check Nos. 100451-100455, Running Expense Check Nos.
53795-54262, Sewer Construction Check Nos. 8405-8474, and Payroll
Check Nos. 20526-20828, be approved as recommended. There being no
objection, the motion was unanimously approved.
12.
EMERGENCY SITUATIONS REOUIRING BOARD ACTION
None
13.
REPORTS
a.
GENERAL MANAGER-CHIEF ENGINEER
1) Mr. Dolan, General Manager-chief Engineer, reported on the
status of Pleasant Hill Bayshore Disposal franchise ownership
stating that a few months ago the District became aware that the
owners of Pleasant Hill Bayshore Disposal were considering selling
the company to Browning Ferris Industries (BFI). This matter was
scheduled for Board consideration at the April 19, 1990 Board
meeting but information that was requested was not received by the
District so the matter was postponed. Mr. Dolan met with Mr.
Bruen, the attorney representing BFI and Pleasant Hill Bayshore.
At that meeting Mr. Dolan learned that the transaction had been
completed although he did not see the document. BFI employees
driving BFI trucks are picking up garbage in CCCSD's franchise area
in contradiction with the requirements of the franchise. Mr. Bruen
indicated that there was a second agreement by which BFI
subcontracted to serve the area. Mr. Dolan will be sending a
letter to Pleasant Hill Bayshoreregarding this matter.
Mr. Ken Little, attorney for Pleasant Hill Bayshore, responded
stating that the equipment was sold to BFI and the equipment and
employees are leased back to Pleasant Hill Bayshore. He does not
feel that a breach has been committed. He stated that the
agreement will be sent to the District.
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2) Mr. Dolan stated that AB 3144 - Filante would obligate the
District to mark our non-pressure ,pipe or pay for the damage if it
is damaged by others. At one point CASA had decided not to make a
big effort to stop this bill. John Larson and Kent AIm have
mobilized to try to defeat the bill by working on it directly.
They have contacted agencies around the State.. Support for our
position was found among larger cities and flood control agencies~
President Carlson executed a letter stating our position that was
sent to Senator Bergeson, the committee chair. The Senate public
works hearing was postponed until August 8. Mr. Dolan will keep
the Board informed on this matter.
3) Mr. Dolan stated that at a recent meeting in Michigan he
learned about the State-wide practice of Water Quality Awareness
Week. Each year the Governor of Michigan declares a week in the
fall as Water Quality Awareness Week. Water and wastewater
utilities use this event as an opportunity to provide information
to the public about their activities with media attention, open
houses, etc. Mr. Dolan suggested that we consider a Water Quality
Awareness Week and would like to address the Sewer and Water
Agencies of Contra Costa County regarding this matter. The Board
concurred with this concept.
4) Report on District travel expenses was held over to the
July 19, 1990 Board meeting.
5) Mr. Dolan announced that he received a call from the City
of Walnut Creek regarding the cutting of trees required for the
District's pipeline relocation work on the I680 job. citizens are
upset that trees must be cut. The District has the necessary
permits. There will be a meeting with the District, the City of
Walnut Creek, and Caltrans to discuss this matter.
6) Mr. Dolan announced that the first round of testing and
analysis of air emissions from the treatment plant has been
completed as required under AB 2588. Under the priority setting
formula used by the state agency, CCCSD is ranked as "high
priority" on the cancer priority scale. Almost all of this high
priority rating is due to stack emissions from the incinerator.
The significance of these findings is unclear. Mr. Dolan will keep
the Board up to date on this matter.
b.
COUNSEL FOR THE DISTRICT
Mr. Kent AIm, Counsel for the District, stated that he has
been contacted by the attorney for Dalton Construction. The
attorney indicated that they will be taking no further action
against the District. Out of courtesy, Mr. AIm will send them a
letter indicating that the District did not intend to besmirch
their reputation.
SECRETARY OF THE DISTRICT
c.
None
d.
BOARD MEMBERS
Member Boneysteele stated that he received a letter from CASA
requesting nominations for off icers and he requested the Board
members to contact him with any nominations.
Member Rainey stated that there will be a Solid Waste JPA
meeting tomorrow.
14.
ANNOUNCEMENTS
None
15.
CLOSED SESSION
None
?>,'~~",";O 7'~' 12,90
135
16.
ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION
None
17.
ADJOURNMENT
There being no further business to come before the Board,
President Carlson adjourned the meeting at the hour of 8:05 p.m. '
~d.L
President of the Board of Directors
Central Contra Costa sanitary District
County of, Contra Costa, state of California
Countersigned:
Secre
Sanl.
State
07
12
90
..