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HomeMy WebLinkAboutBOARD MINUTES 12-20-90 226 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON DECEMBER 20, 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 December 20, 1990. President Clausen called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Boneysteele, Dalton, Carlson, Rainey, Clausen ABSENT: Members: None 2. PUBLIC COMMENTS None 3. AWARDS AND COMMENDATIONS a. ADOPT A RESOLUTION COMMENDING DIRECTOR NELS E. CARLSON FOR HIS SERVICE TO CENTRAL CONTRA COSTA SANITARY DISTRICT AS PRESIDENT OF THE BOARD OF DIRECTORS President Clausen read and presented the original resolution to Director Carlson and congratulated him on his successful term as President of the Board of Directors. It was moved by Member Boneysteele and seconded by Member Dalton, that Resolution No. 90-145 be adopted, commending Director Nels E. Carlson for his service to Central Contra Costa Sanitary District as President of the Board of Directors. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Dalton, Carlson, Rainey, Clausen None None Member Carlson thanked the Board of Directors and District management and staff for their support and assistance during the past year. 4. BIDS AND AWARDS a. AUTHORIZE AWARD OF CONTRACT TO VALENTINE CORPORATION FOR THE CONSTRUCTION OF DECHLORINATION INJECTION ACCESS BRIDGE. DISTRICT PROJECT 10071 Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that several bids were received for construction of the Dechlorination Injection Access Bridge Project and the spread was close, Staff would recommend that the Board authorize award of contract to the lowest responsible bidder, Valentine Corporation. It was moved by Member Dalton and seconded by Member Carlson, that award of the construction contract in the amount of $47,869 for Dechlorination Injection Access Bridge, District Project No.1 0071, be authorized to Valentine Corporation as the lowest responsible bidder. There being no. objection, the motion was unanimously app"roved. 12 20 90 227 5. CONSENT CALENDAR It was moved by Member Rainey and seconded by Member Dalton, that the Consent Calendar consisting of Items a. through h., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Authorization was given for P.A. 90-15 (Alamo) to be included in a future formal annexation to the District. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Dalton, Boneysteele, Carlson, Clausen None None The Agreement relating to Real Property with Byron Park, Job 4351, was approved, the President of the Board of Directors and the Secretary of the District were authorized to execute and record said agreement, and Resolution No. 90-146 was adopted to that effect: b. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Dalton, Boneysteele, Carlson, Clausen None None Resolution No. 90-147 was adopted, concurring with Local Agency Formation Commission's finding that District Boundary Reorganization No. 116 (formerly the Lagiss Property) is categorically exempt from environmental review pursuant to the California Environmental Quality Act and ordering the completion of said boundary reorganization. c. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Dalton, Boneysteele, Carlson, Clausen None None The President of the Board of Directors and the Secretary of the District were authorized to accept and record Grants of Easements from the United States of America and East Bay Municipal Utility District for the Country Gardens/Third Avenue Sewer Improvements Project, District Project No. 4615A, at a total cost to the District of $1,930.77 and Resolution Nos. 90- 148 and 90-149 were adopted to that effect. d. Motion unanimously approved on the following vote: 'AYES: Members: NOES: Members: ABSENT: Members: Rainey, Dalton, Boneysteele, Carlson, Clausen None None The contract work for Local Improvement District 57 (LID 57), Midhill Sewer Project on Brown Avenue, Lafayette (DP 4650) was accepted and the filing 'of the Notice of Completion was authorized. e. Motion unanimously approved on the following vote: 12. 20 9.0 ~, ~ '. .' " :' ~ .,... 228 AYES: Members: Rainey, Dalton, Boneysteele, Carlson NOES: Members: None ABSENT: Members: None ABSTAIN: Members: Clausen President Clausen disqualified himself and abstained from voting on this matter because he represents one of the participants on another matter. f. The contract work for the construction of the Martinez Basin 5L Sewer Renovation Project (DP 4611) was accepted and the filing of the Notice of Completion was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT Members: Rainey, Dalton, Boneysteele, Carlson, Clausen None None g. The Board was advised of the close out of the Martinez Sewer Improvement Facilities Plan, District Project No. 20050. This item was presented for the Board's information. No action was taken. h, The Board was advised of the close out of the Fiscal Year 1989-1990 Collection System Facility Planning Project, District Project No. 20093. This item was presented for the Board's information. No action was taken. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Dolan, General Manager-Chief Engineer, stated that Mr. Gary Brayton, of Deloitte & Touche, called to say that he would be late and requested that Item 6, Solid Waste. be held until his arrival at approximately 3:30 p.m. The Board concurred. 7. ENGINEERING a. AUTHORIZE $348.300 FROM SEWER CONSTRUCTION FUND FOR TREATMENT PLANT PROGRAM CONTINGENCY ACCOUNT AND AUTHORIZE ALLOCATION OF FUNDS AND EXECUTION OF AN AGREEMENT WITH WOODWARD-CLYDE CONSULTANTS FOR TREATMENT PLANT SOIL REMEDIATION PROJECT. DISTRICT PROJECT 20113 Mr. Dolan, General Manager-Chief Engineer, stated that this project will allow investigation in the field to determine the degree of contamination resulting from petroleum deposits placed on the Treatment Plant site by Shell Oil Company a number of years ago. Based on the results of this field work, engineering and environmental studies will be done to evaluate the need for soil remediation, evaluate remediation alternatives, and recommend a project and schedule for any necessary soil remediation. In response to a question from Member Rainey, Mr. Dolan stated that the issue of reimbursement of costs is being discussed with Shell Oil. At this time, no agreement has been reached. Member Carlson stated that he would hope that the District does not do more than the law requires. As long as there is no removal or relocation required of the materials, the District may be better off if the materials remain where they are. Member Carlson stated that he believes it would be in the best interest of the District, and it would not be injurious to the environment to leave the materials where they are. Mr. Dolan agreed, stating that those kinds of issues will be considered by Woodward-Clyde an~ the most practical and best fix identified. l~; 2Ô' g'd 229 Member Boneysteele stated that his wife has interest in Shell Oil between $10,000 and $100,000. This interest has been reported on the Statement of Economic Interest. Mr. Kenton L. Aim, Counsel for the District, stated that at this point it would not be necessary for Member Boneysteele to disqualify himself since the action before the Board does not involve Shell Oil. It was moved by Member Rainey and seconded by Member Dalton, that $348,300 be authorized from the Sewer Construction Fund for the Treatment Plant Program Contingency Account for allocation to the Treatment Plant Soil Remediation Project (DP 20113) and that the General Manager-Chief Engineer be authorized to execute an agreement with Woodward-Clyde Consultants for $193,300. There being no objection, the motion was unanimously approved. b. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH THE TRI-VALLEY WASTEWATER AUTHORITY (TWA) Mr. Dolan, General Manager.:.Chief Engineer, stated that there have been several discussions on this subject in recent months. The cost of this Engineering Feasibility Study will be paid by TWA. It was moved by Member Carlson and seconded by Member Dalton, that the General Manager-Chief Engineer be authorized to execute an agreement with the Tri- Valley Wastewater Authority for a joint CCCSD/TWA Engineering Feasibility Study. There being no obje~tion, the motion was unanimously approved. c. AUTHORIZE EXECUTION OF AN AGREEMENT WITH CH2M HILL FOR DESIGN OF THE FILTER PLANT REHABILITATION PROJECT. PHASE 1. DISTRICT PROJECT 20109 Mr. Dolan, General Manager-Chief Engineer, stated that this item represents a very gratifying degree of progress on the Water Reclamation Project with Contra Costa Water District. Following discussion, it was moved by Member Carlson and seconded by Member Boneysteele, that the General Manager-Chief Engineer be authorized to execute a cost reimbursement agreement with a cost ceiling of $236,000 with CH2M Hill for the Filter Plant Rehabilitation Project, Phase 1, DP 20109. There being no objection, the motion was unanimously approved. 8. LEGAL/LITIGATION , a. DENY AN INJURY CLAIM FROM GEORGE BEZDEK. A CONSTRUCTION CONTRACTOR'S EMPLOYEE Following questions and discussion of the terms of the contract for the project, it was moved by Member Carlson and seconded by Member Dalton, that the personal injury claim from George Bezdek,' a Ball, Ball, and Brosamer employee, be denied and referred to staff for further action as needed. There being no objection, the motion was unanimously approved. At this time, President Clausen noted the arrival of Mr. Gary Brayton and returned to Item 6, Solid Waste. ., 6. SOLID WASTE a. PRESENTATION BY MR. GARY BRAYTON. OF DELOITTE & TOUCHE. REGARDING FINAL REPORT TO CONTRA COSTA COUNTY ON CLOSURE COST ASSESSMENTS FOR ACME FILL Mr. Gary Brayton, of Deloitte & Touche, distributed an outline of his presentation on the current status of Acme Fill closure and post-closure funding. Mr. Brayton stated that because of changes in regulations, Acme Fill could not have been able to fund closure and post-closure costs. In his opinion, they did do what was reasonable at the time as operators of the landfill. Mr. Brayton stated that all the major issues regarding J.2", .20 90 . . .. '. - "~ \ " .~ : ',I . ',.' 230 funding the closure of Acme Fill have been resolved and the assessment to fund the closure can be implemented. Mr. Brayton stated the ratepayers will benefit because the incremental disposal rate was reduced from $32.04 per ton over two years to $4.74 per ton over ten years; Acme will pay $8.4 million hazardous closure and post-closure; and the ratepayers will receive 45.7 percent of the beneficial use of the land. The funds will remain in a trust account. Removal of the funds will be approved by the County. Any residual funds will be rebated to the ratepayers. Ms. Sara Hoffman, Contra Costa County Solid Waste Manager, stated that the Board of Supervisors Internal Operations Committee is reviewing the draft documents and she would be happy to send them to the District. Mr. Aim indicated that he would like to receive copies of the draft documents as well. Ms. Hoffman stated that any residual funds would be rebated to communities in proportion to their contributions. In response to a question from Mr. Aim, Mr. Brayton stated that any shortfall would be made up by the ratepayers. No attempt has been made to assess all of Acme's assets; rather, it has been stated that Acme must use all their assets to pay for closure and post-closure. Mr. Brayton stated that the dollar share per ton will go up because of the recycling and waste reduction goals required by law. Mr. Brayton stated that he believed that the result of these negotiations is fair, equitable, and unpleasant. He stated further that he believes that this plan for closure and post-closure will serve as a model for other landfills in the state. President Clausen asked what would happen if the District did not approve this closure assessment. Mr. Brayton stated that Comprehensive Environmental Response Compensation and Liability Act (CERCLA) legislation is very clear that the cost for clean up and remediation of a site must be borne by the generator of the waste. Mr. Aim stated that CERCLA mayor may not have application to a good portion of the site, so it may be misleading to suggest that the position taken by Deloitte & Touche is totally in line with the CERCLA law. Mr. Brayton stayed that there is no law on this matter; there is only law on Resource Conservation and Recovery Act (RCRA) classified hazardous waste which was used as a parallel for this situation. Member Carlson asked Mr. Brayton if he was satisfied that the listing on page 12 of the handout is a complete list of the persons and jurisdictions that used the landfill over the years. Mr. Brayton stated that all of Acme's historical papers and documents on infill data were used. The collectors have reviewed this list, and a number of adjustments were made. It is the best representation available. President Clausen thanked Mr. Brayton for his excellent presentation, but indicated that he was still not convinced that the District's customers should pay for Acme's mistakes. , Member Boneysteele asked Mr. Brayton, based on his experience with Acme; what other sources are available to pay the closure and post-closure costs if the people represented by the collectors do not pay it. Mr. Brayton stated that he has a good understanding of Acme's financial condition since he personally reviewed all the financial statements for the ten-year period under discussion. Mr. Brayton stated that there are some residual resources at Acme that he is not at liberty to disclose. Those resources are not great compare~ to the $8 million h~zardous waste closure costs Acme is contributing. Member Carlson asked the amount of proceeds that would be available annually to Acme once the permanent transfer station opens. Mr. Brayton replied that the proceeds would be consistent with the temporary transfer station, based on approximately 93 percent operating ratio. Ms. Sara Hoffman, Contra Costa County Solid Waste Manager, stated that the revenues will fluctuate to the extent the volume fluctuates. The rates at the permanent transfer station will be set by the Board of Supervisors at a public hearing. No data on waste stream commitment or operating revenues for the permanent transfer station are available at this time. Mr. Dolan asked why Acme does not pass closure costs onto industrial customers since CERCLA language allows that. Mr. Brayton stated that was an issue until Acme demonstrated their ability to fund the $8 million hazardous waste closure costs. Mr. . i¡(:i2\}20~: bo 231 Brayton indicated that the role of the Acme owners as transporters of the hazardous material to the landfill was a complication. Mr. Dolan asked whether the trust fund agreements provide for lowering the assessment by hauler/jurisdiction if funds are accumulated faster than they,are needed. Mr. Brayton stated that if funds are accumulated faster than necessary, they will be returned in proportion to the contributions made. Ms. Hoffman stated that if there is a 10 percent difference between the closure plan and actual funds collected, the closure plan will be reviewed. In response to a question from Mr. Dolan, Ms. Hoffman stated that it is anticipated that the County will revise the transfer station rates and begin imposing the new rates in January 1991. President Clausen thanked Mr. Brayton and Ms. Hoffman for attending the Board meeting. At this time, President Clausen reverted to the order of the agenda. 9. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED DECEMBER 20. 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 December 20, 1990, including Self-Insurance Check Nos. 100480- 100482, Running Expense Check Nos. 56982-57320; and Sewer Construction Check Nos. 9059-9109, be approved as recommended. There being no objection, the motion was unanimously approved. 10. BUDGET AND FINANCE a. RECEIVE NOVEMBER 1990 FINANCIAL STATEMENTS .Ms. Deborah Ratcliff, Accounting Supervisor, reviewed the results of operations and maintenance for the month of November 1990, noting the expenses were $103,000 less than budget, representing a 4.9 percent favorable variance. For the five months ended November 30, 1990, expenses were $657,000 less than budget, representing a 6.2 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 7.34 percent to 9.4 percent. The latest interest rate as of November 30, 1990, was 7.4 percent. The average yield for the LAIF account through November 1990 was 8.3 percent. Member Boneysteele asked the status of efforts to have District investments recorded in the District's name. Mr. Aim, Counsel for the District, stated that he is in the process of negotiating an agreement with the County in that regard. The draft agreem.ent has been forwarded to a law firm who specializes in these matters. Their opinion should be received early in January 1991. Mr. Dolan stated that on a parallel path, Ms. Ratcliff is looking into the details and economies of using a banking house other than the County. Ms. Jay S. McCoy, Construction Division Manager, introduced Mr. Ron Klimczak, Project Manager for Construction, who reported on the Midhill Sewer Project (LID 57) on Brown Avenue in Lafayette. Mr. Klimczak reported that the construction has been completed by the contractor. The contractor did an excellent job maintaining access for the residents of Brown Avenue during the construction. It was found that relocation of utilities budgeted in the project was unnecessary. This resulted in a significant savings on the project. President Clausen thanked Mr. Klimczak for his report and expressed a special thanks to staff for their work on this project. . ;:: 12 ~ :20 ."", ~o 232 11. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 12. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 1) Mr. Dolan, General Manager-Chief Engineer, stated that in 1 990 a new approach for setting refuse collection rates was implemented. For the first year, the profit was set on an inflation adjusted, historical net (before taxes) profit basis. The new approach calls for setting the 1 991 and subsequent profit levels taking into consideration a region-wide comparison of garbage service rates, and a measure of customer satisfaction. The region-wide rate study is fairly simple, although differing levels of service will make precise comparison more difficult. The customer satisfaction analysis has been something of a challenge. Mr. Dolan introduced Ms. Colleen Camicia, Public Information and Graphics Coordinator, who presented a proposal for measuring customer satisfaction in the District franchise areas. Ms. Camicia stated that the objectives of the program are to accurately measure customer satisfaction, provide valid results for use in the rate-setting process, and establish a meàns of monitoring customer satisfaction trends for the long term. A three part approach is proposed: 1) a customer complaint log; 2) a telephone survey; and 3) a mail survey. Ms. Camicia reviewed the estimated costs and time line for the work. It is estimated that the costs will be approximately three cents per household per month on a yearly basis. Following discussion, the Board concurred with the proposed approach to measure customer satisfaction. 2) Mr. Dolan stated that at the last Board meeting, a brief presentation on the property damage overflow at Overhill Drive in Orinda was given. The overflow caused about $25,000 in damage to the house and an undetermined amount to personal property. Work is underway to clean and repair the damage. 3) Mr. Dolan announced that planning is beginning for renewal of the three-year Memoranda of Understanding with the employee groups. A closed session is planned early in the year to learn the specific wishes of the Board in that regard. 4) Mr. Dolan indicated that he appreciated the Board's participation in the Strategic Planning Workshop. Following on President Clausen's suggestion, staff will develop solution plan options for discussion with appropriate Board Committees beginning in February. . 5) Mr. Dolan announced that a meeting was held with Pleasant Hill Bay Shore Disposal concerning subcontracting collection to Browning-Ferris Industries. Subcontracting is prohibited under the terms of the franchise agreement, and is clearly a breach of the franchise. Browning-Ferris Industries was asked to sùbmit a letter stating their intentions in detail with regard to management of the franchise with regard to Central Contra Costa Sanitary District and the many things on which we must cooperate. The Board will be advised as soon as the letter is received. 6) There will be a meeting of the Central Contra Costa Solid Waste Authority on December 27, 1990. Mr. Dolan briefly reviewed the agenda items for that meeting. 7) Mr. Dolan announced that there is a new state law which authorizes the County to bill local agencies for the cost of collection of ad valorem taxes. The District expects to r'eceive a bill of approximately $125,000 from the County. If the Board concurs, staff would propose to present a letter to the Board of Supervisors indicating that the District does not object to paying the costs associated with the actual service; however, the District would like to have the opportunity to have an auditor review the allocation of costs and the basis of proration to the agencies. We would be interested in doing this with other agencies to minimize the inconvenience to the County. In addition, since this is an unbudgeted expense, we would propose that the charge not be effective until the : "12 ~ ,820 ~:.' ~O 233 coming fiscal year when it could be included in the District's budget. The Board voiced no objection. 8) Mr. Dolan distributed the commercial recycling flier just completed by the District. b. COUNSEL FOR THE DISTRICT None c. SECRETARY OF THE DISTRICT None d. BOARD MEMBERS 1) Member Rainey reported that the AB 939 Task Force met on December 19, 1990. Discussion included the vote for special districts in the AB 939 Plan review and approval process, a formula for sharing AB 939 monies between the county and cities, and a formula for recycling and disposal fees. President Clausen reported that a Solid Waste Export Committee meeting is scheduled for the end of January to make an informal presentation to the San Joaquin' County Board of Supervisors. 2) President Clausen distributed the list of Board Committee assignments for 1991 as follows: STANDING COMMITTEES: Budaet and Finance Committee . Susan McNulty Rainey John B. Clausen Caoital Projects Committee 8, Nels E. Carlson Parke L. Boneysteele Personnel Committee 8 . William C. Dalton Parke L. Boneysteele AD HOC COMMITTEES: CCCSD/CCWD Water Reclamation Committee 8 Parke L. Boneysteele Nels E. Carlson Central Contra Costa Solid Waste Authoritv 8 Susan McNulty Rainey John B. Clausen Recvclina and Household Hazardous Waste Advisorv Committee 8 Susan McNulty Rainey William C. Dalton 1;2:.2:.0,. 9'0':; 234 Tri-Valley Wastewater Authority (TWA) Committee . Nels E. Carlson John B. Clausen Solid Waste Committee . Susan McNulty Rainey John B. Clausen . First named Member will serve as Committee Chair REPRESENTATIVES: Hazardous Waste Commission ReDresentative Susan McNulty Rainey Solid Waste Commission/AB 939 Task Force Recresentative Susan McNulty Rainey Solid Waste JPA Policy Committee/Solid Waste Exeort MOU Reeresentative John B. Clausen Sanitation and Water Aaencies of Contra Costa County Reeresentative Susan McNulty Rainey Board Liaison to Cities and County Concord, Pleasant Hill, Pacheco Danville, Alamo, San Ramon Lafayette, Walnut Creek . Martinez, Contra Costa County Orinda, Moraga Nels E. Carlson John B. Clausen Parke L. Boneysteele William C. Dalton Susan McNulty Rainey 13. ANNOUNCEMENTS None 14. CLOSED SESSION 1. SIGNIFICANT EXPOSURE TO LITIGATION Pursuant to Government Code Section 54956.9(b), a point has been reached where in the opinion of the Board of Directors of the Central Contra Costa Sanitary District on the advice of its Counsel, based on existing facts and circumstances, there is a significant ~xposure to litigation against the District. The title of the litigation is not being identified because to do so would jeopardize the Board's ability to conclude existing settlement negotiations to its advantage. 1 . INITIATION OF LITIGATION Pursuant to Government Code Section 54956.9{c), on the advice of Counsel based on existing facts and circumstances, the Board of Directors of the Central Contra Costa Sanitary District has decided or is deciding whether to initiate litigation. The title of the litigation is not being disclosed because to do so would jeopardize the ability of the District to effectuate service of process or to advantageously conclude existing settlement negotiations. 1(2'. ' ~l\;. 9'..~.'O' k Ii./'U'... , 235 At 5:42 p.m., President Clausen declared the closed session to discuss litigation pursuant to Government Code Sections 54956.9(b) and (c). At 6: 12 p.m., President Clausen concluded the closed session and reconvened the meeting into open session. 15. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None 16. ADJOURNMENT There being no further business to come before the Board, President Clausen adjourned the meeting at the hour of 6: 12 p.m. --.-. // reside of the Board of Directors, Ce I Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Sedr a: of the Central Con a , Costa Sanitary District, County of Contra Costa, State of California 12 20 90