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HomeMy WebLinkAboutBOARD MINUTES 12-15-88 213 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON DECEMBER 15, 1988 The District Board of the Central Contra Costa Sanitary District convened in a regul ar meeti ng at its regul ar pl ace of meeti ng, 5019 Imhoff pol ace, Marti nez, County of Contra Costa, Stat~ of Cal iforni a, at 3:00 p.m. on December 15,1988. President Rainey called the meeting to order and requested that the Secretary call roll. I. ROLL CALL PRESENT: Members: Boneysteel e, Dal ton, CI ausen, Carl son, Rai ney ABSENT: Members: None II. PUBL IC COMMENTS None III. APPROVAL OF MINUTES 1. MINUTES OF NOVEMBER 17, 1988 It was moved by Member Dal ton and seconded by Member C' ausen, that the minutes of November 17, 1988, be approved as presented. There being no objection, the motion was unanimously approved. 2. MINUTES OF DECEMBER 1,1988 It was moved by Member Daì ton and seconded by Member Carl son, that the minutes of December 1, 1988, be approved with the following amendments: Under Item 1. 2. , on page 1, the 1 ast sentence of the second paragraph was deleted and the following inserted: "Member Rainey was re-el ected by accl amati on." Under Item I. 2., on page 1, the last sentence of the third paragraph was deleted and the following inserted: "Member Boneysteele was re-e" ected by accl amati on. " There being no objection, the above motion was approved with Member C"lausen abstaining because he was not present at the December 1, 1988 meeting. IV. CONSENT CALENDAR Follow i ng a br i ef di scussi on of Items 4 and 5, i t was moved by Member Carlson and seconded by Member Clausen, that the Consent Calendar, consisting of seven items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Resol uti on No. 88-167 accepti ng an easement at no cost to the District from PRa. DEVELOPMENT, INC., Walnut Creek area (Job 4591 - Parcell) was adopted and recording authorized. Motion unanimously approved on the following vote: A YES: NOES: Members: Carlson, Clausen, Boneysteele, Dalton, Rainey Members: None ABSENT: Members: None 2. Resol uti on No. 88-168 accepti ng an easemen~ at no cost to the Di stri ct fran INTERLAND CORPORATION and THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, Wal nut Creek area (Job 4590 - Parce" 1) was adopted and recordi ng authorized. ., .12, 15. 88 ~o .",' 214 Motion unanimously approved on the foll ow i ng vote: AYES: Members: Carlson, Cl ausen, Boneysteele, Dalton, Rainey NOES: Members: None ABSENT: Members: None 3. Resol uti on No. 88-169 accepti ng an easement at no cost to the District from ORINDA UNION SQ-IOOL DISTRICT, Orinda area (Job 4554 - Parcel 1) was adopted and recordi ng authorized. Motion unanimousl y approved on the following vote: A YES: Members: Carl son, CI ausen, Boneysteele, Dal ton, Rainey ", ". ," , " NOES: Members: None ABSENT: Members: None 4. Qui tclaim Deed was approved to Interl and Corporati on and the Prudential Insurance Company of America, Job 2524, the President of the District Board of Directors and the Secretary of the Di strict were authorized to execute and record sai d Qui tcl aim Deed, and Resol uti on No. 88-170 was adopted to that effect. Motion unanimously approved on the follow i ng vote: AYES: Members: Carl son, CI ausen, Boneysteele, Dalton, Ra i ney NOES: Members: None ABSENT: Members: None s. Grant of Easement was accepted from the Benevolent and Protective Order of El ks of Wal nut Creek Lodge No. 1811, for District ProJect 4428, Parcel 2 in the Walnut Creek area at a cost of $2,000, the President of the District Board' of Directors and the Secretary of the District were authorized to accept and record said Grant of Easement, and Resol uti on No. 88-171 was adopted to that effect. . . . , " .." Motion unanimously approved on the following vote: - AYES: Members: Carl son, Clausen, Boneysteele, Dalton, Rainey NOES: Members: None ABSENT: Members: None 6. The Boa rd was adv i sed of the close out of the Repl acement "of Exi sti ng Def i ci ent Sewer Facili ti es proj ect in Ma rti nez, Ori nda, Pl easant Hill, and Wal nut Creek <Oi stri ct proj ect 4327). This item was pr~sented for the Board's information. No action was taken. 7. Authorization was given for David Williams to attend the Ameri can Water Works Associ ati on/Water Poll uti on Control Federation" J oi nt Management Conference i n New Orl eans, Loui si ana. Motion unanimously approved on the following vote: A YES: Members: Carl son, CI ausen, Boney steel e, Dal ton, Ra i ney NOES: Members: None ,ABSENT: Members: None " " ". CALL FOR REQUESTS TO CX>NSIDER ITEMS OUT OF ORDER ,.; . None i "".; /'~ ' " '"1"2:'15 88 215 V. ADMINISTRATIVE ADOPT A RESOLUTION AMENDING EXHIBIT A, DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES OF THE DISTRICT CONFLICT OF INTEREST CODE 1. Ms. Joyce E. McMlll an, Secretary of the Di stri ct, stated that the designated positions of the District's Conflict of Interest Code are reviewed on an annual basis. During the past year a new position of Inspecti on Coordi nator was created and shoul d be added to the li st of desi gnated positi ons because of its responsi bi'l iti es rei ati ng to inspection activities. In addition, it is recommended that the designation of Finance Officer be changed to Officer. It was moved by Member Dal ton and seconded by Member Car I son, that Resol uti on No. 88-172 amendi ng Exh i bi t A, Desi gnated Positions and Disclosure Categories of the Central Contra Costa Sanitary District Confl i ct of Interest Code, be adopted and that the Secretary of the District be authorized to submit a copy of said code amendment to the Contra Costa County Board of Supervisors for approval. Motion unanimously approved on the following vote: AYES: Members: Dalton, Car- son, Boneysteele, Clausen, Rainey NOES: Members: None ABSENT: Members: None VI. ENGINEERING 1. ,ðiJTHORIZE THE GENERJIl MANPGER-ŒlIEFENGINEER TO EXEOJTE AN PGREEMENT WITH UDC HOfJES FOR THE OÆRATION. AND MAINTENANCE OF A TEMPORARY SEWPGE PUMPING STATION . Mr. Roger J. Do.lan, General Manager-Chief Engineer, stated that UDC Homes has req uested approval of a temporary sewage pumpi ng stati on to provide service to 37 condominium units. Fish and Game restrictions will not all ow UDC to proceed with the permanent work in the creek duri ng the wi nter months. The proposed temporary pumpi ng stati on is a temporary expedient which would' allow UDC to continue with their condominium proj ect at th is time. Board di scussi on fOllowed concerni ng the di recti on of the flow and the 1 anguage of the agreement. Mr. James L. Hazard, Counse.¡ for the Di stri ct, stated that Mr. Larry Comegys, Div i si on Manager of UDC Homes, is in the audi ence and has concurred with the addi ti on of the words "and defend" to page 4 of the agreement. Member Boneysteele stated that if his vote is not needed, he will abstain fran voting. Mr. Hazard, Counsel for the District, stated his opinion that Member Boneysteele could vote on this matter if he chose. It was moved by Member Carl son and seconded by Member Cl ausen, that the General Manager-Chief Engineer and the Secretary of the, District be authorized to execute an agreement with the addi ti on noted above, with UDC Homes for the operation and maintenance of a temporary sewage pumping station. Motion approved on the following vote: AYES: Members: Carlson, Clausen, Dalton, Rainey NOES: Members: None JlBSENT: JlBSTAIN: Members: None Members: Boneysteele 2. ,ðiJTHORIZE THE GENERAL MANPGER-CHIEF ENGINEER TO EXEOJTE AN PGREEMENT WITH CONTRA COSTA WATER DISTRICT (CCWD) AND JArES M. M)NTGOMERY CONSULTING ENGINEERS, INC. (JMM) FOR SERVICES RELATED TO THE DEMONSTRATION INDJSTRIAL WATER REQAMATION PROJ ECT ,,'......1.. 2."'. . ,..: ,1 5 .. ~8 8 216 Mr. Dolan, General Manager-Chief Engineer, stated that execution of th is agreement is another step in the Demonstrati on . Industrial Water Reclamation Project. We had tried to schedule a joint board meeting with Contra Costa Water Di stri ct but el ecti ons and reI ated matters i ntervened delaying the meeting. . Eventually, it became more practical to consider the matter at separate meetings. James M. Montgomery Consulting Engineers (JMM) has been very cooperative and has incurred costs during this period. Mr. Doìan introduced Mr. James M. Kelly, Planning Division Manager, who updated the Board on the status of the Demonstration Industri al Water Recl amati on proj ect. Mr. Randy Raines, J MM proj ect Manager, rev i ewed the demonstrati on phase approach used, the probl ems encountered, tasks compl eted, regulatory approvals secured for the first phase, resolution of technical issues, and definition of the cost philosophy as outlined in the position paper. Mr. Raines reviewed the next phase of the work indicating that data gathered duri ng the demonstrati on phase is now bei ng rev i ewed and evaluation of alternatives is beginning. The demonstration phase report will contain results of the nitrification testing program, results of the 'demonstration phase monitoring, determination of the optimum quality of water, eval uati on of treatment al ternatives, and a recommended proj ect i nct udi ng recommendations with regard to rehabil itati on of exi sti ng facil ities, construction of new facÏl ities, phasing improvements, and all ocati on of costs. Di scussi on foll owed concerni ng the maximum quanti ty of water that , coul d be produced, the potenti al uses, and the importance of pubì i c opinion. It was moved by Member Boneysteele and seconded by Member Carlson, that the Generaì Manager-Chief Engi neer be authorized to execute an agreement with James M. Montgomery Consulting Engineers, Inc. to conclude the Demonstrati on Phase of the Industri al Water Reci amati on proj ect and to execute an agreement with Contra Costa Water Di strict to share equal ly the Montgomery costs for the concl usi on of the Demonstrati on Phase. There being no objection, the motion was unanimously approved. VII. APPROV AL OF EXPENDITURES 1. EXPENDITURE LIST DATED DECEMBER 15, 1988 Member Oat ton, member of the Budget and Fi nance Committee, stated that he and Member Boney steel e rev iewed the expendi tures and found them to be satisfactory. It was moved by Member Dal ton and seconded by Member Boney steel e, that the Expendi ture L1 st dated December 15, 1988, i ncl udi ng Set f-Insurance Check No. 100320, Runni ng Expense Check Nos. 43073-43459, Sewer Construction Check Nos. 6521-6598, and Payroll Check Nos. 14983-15243, be approved as recommended. There bel ng no obj ecti on, . the moti on was unanimously approved. VIII. BUOOET AND FINANCE 1. RECEIVE NOVEMBER 1988 FINANCIAL STATEMENTS In the absence of Mr. Walter Funasaki, Finance Officer, Mr. Steven Eìsberry, Accounting Supervisor, reviewed the results of Operations and Maintenance for the month of November 1988, noting that expenditures were $41,000 (2.3%) more than budget. For the five months ended November 30, 1988, expenses were $478,000 less than budget, representi ng a 5.3 percent favorabl e vari ance. The Di stri ct' s temporary i nvestments were hel din COil ateral ized certificates of deposit, bankers acceptances, Treasury bills and notes, and the District's Local Agency Investment Fund (LAIF) account with interest rates ranging from 6.9 percent to 8.81 percent. The latest interest rate as of November 30, 1988, was 8.81 percent. The average yiel d for the LAIF account through October 1988 was 8.397 percent. . Mr. Jay S.. McCoy, Construction Division Manager, reported on a project for installation of a trunk sewer in the North Concord area. >.1.2. -15.. 88 . 217 When the trunk sewer is complete, it will eliminate the need for the Port Chicago Pumping Station and it will be abandoned. Some problems have been encountered with the proj ect. The. proj ect is two months past compl eti on time, a change order is bei ng negoti ated to accommodate a storm drain which was constructed after the contract was awarded and thus was not shown on :the ori gi nal pl ans, and an acceptabl e shori ng pl an has not been submitted. Mr. McCoy showed sl ides of the trenching and instal 1 ati on of pi pe usi ng a sh i el d. . At the concl usi on of the presentati on, Presi dent Rai ney decl ared that the November 1988 Fi nanci al Statements were duly received. IX. CORRESPONDENCE 1. LETTER FROM m. JOSEA-I M. STARITA DATED NOVEM3ER 23, 1988 Ms. McMillan, Secretary of the District, stated that a draft response to Mr. Starita's letter of November 23, 1988, had been prepared for si gnature by the Presi dent of the Board of Di rectors. Ms. McMi 11 an briefly summarized the response and the Board concurred. 2. NOTICE OF COMPlETION ENVIRONMENTJIl IMPACT REPORT FOR LANDFILL GENERAL PlAN At-ENDMENT DATED NOVEMBER 11, 1988 . CENTRAL Mr. Dolan, Genera' Manager-Chief Engineer, reviewed the status of the Central Landfill EIR and the recent P'lanning Commission rejection of the EIR. 3. LETTER FROM MR. MARSHALL GRODIN, GENERAL MANPGER OF VALLEY WASTE MANPGE~NT DATED DECEMBER 2, 1988 The Board acknow.ledged recei pt of the letter from Mr. Marshall Grodin, General Manager of Valley Waste Management, indicating winingness to provide advance notice of future hearings to its custaners. Staff was di rected to prepare a response for Presi dent Rainey's signature. 4. CORRESPONDENCE FROM SUPERV ISOR NANCY C. FAHDEN RECEIVED NOVEMBER 30, 1988 . Recei pt of correspondence fran Superv i sor Nancy C. Fahden rei ayi ng a letter from Mr. David E. Maclellan, Executive Vice President of Vermillion Development Corporation, was noted. Mr. Maclellan commented on the increase in dump box fees by Valley Waste Management during the past year. Mr. Paul Morsen, Deputy General Manager, provided an expl anati on of the fees charged and i ndi cated that he woul d draft a response to Mr. MacLell an. 5. LETTER FROM m. ROBERT KAHN DATED DECEt-BER 6, 1988 Receipt of the letter fran Mr. Robert Kahn dated December 6, 1988, was acknowledged and staff was directed to draft an appropriate response. x. EMERGENCY SITUATIONS REQUIRING BOAAD ACTION None XI. REPORTS 1. GENERAL MANPGER-CHIEF ENGINEER a. Mr. Dolan, General Manager-Chief Engineer, distributed the updated schedul e for review and approval of the Capital Improvement Pl an and fees. Mr. Do"' an reviewed the key .events and reported that the fi rst meeting ,was held with the Capital Projects Committee on December 13, 1988. b. Mr. Dolan distributed copies of the Fiscal Year 1987-1988 Annual Report prepared by Harriette Stahl, Son Nguyen, Ken Grubbs and Gretchen Anastasi-Rowland under the direction of Paul Morsen and Cathryn Freitas. Central Contra Costa Sanitary District is an organization of people .:,.1.2 ':':: 15~ r.8S 218 he! pi ng peopl e and that theme has been i ncorporated into the Annual Report this year. c. Mr. 001 an reported that the Board Committee met with Board representatives of Tri-Va" l ey Wastewater Authority (TWA) i n 1 ate October 1988. A deci si on was reached at that time that Mr. Bob Whitl ey, General Manager of TWA, woul d contact us and set up a staff to staff meeti ng. In a recent conversation with Mr. Whitley, he indicated that he thought there was good reason not to instigate a meeting while the three lawsuits fÏl ed by the City of Oakl and, the Ci ty of San Leandro, and the environmental group are pending. The three lawsuits have been consolidated and the aåninistrative hearing process will be used. An "opinion may be rendered in one to two months using this process. Mr. Dol an stated that he woul d report any developments to the Board. d. Mr. Dol an introduced Mr. Charl es W. Batts, Pl ant Operati ons Department Manager, who reported on the status of the effl uent characteri zati on process at the Di stri ct. Th i s work is req ui red by the Basin Plan as part of the four point plan to control effluent toxicity going into the bay. Mr. Batts indicated that a plan has been submitted to the Regi onal Board and thei r tentative approval has been received. The initial phase of the work has been budgeted at $100,000. The Board thanked Mr. Batts for the status report. e. Mr. Do:1 an reported that Vall ey Waste Management has, requested that the District lease them a portion of Parce"t C, the Kiewit property, for use as a recycling center and truck storage. Mr. Paul Morsen, Deputy General Manager, reported that approximate"lyone-thi rd of the Valley Waste Management fleet can be stored i n Wal nut Creek. The remai ni ng two-th i rds is now stored at Acme Fi 11. A temporary truck storage facil ity wi 11 be needed when Acme Fi n closes in the near future. Van ey Waste Management would "like to locate a permanent facility for storing trucks and a recycling and consolidation center. Board discussion' followed. Mr. Dolan recommended that the District continue to work with Valley Waste Management to try to mitigate any problems associated with the Acme Fill closure. f. . Mr. Dol an announced that the Di stri ct' s Toastmasters, the Tal ksi cs, have compl eted a successful year. There are 23 members. Steve McDonald, Jackie Zayac, Russell Leavitt, Nadine Sweeney, and Lynne Bunker will soon reach the level of competent Toastmaster (CTM). Mr. Dolan conveyed the Talksics' appreciation to the Board of Directors for their support for the program. g. Mr. Robert Baker, Deputy Chief Engineer, is in Washington, D.C. at a meeting of the AMSA Sludge Committee. The EPA sludge regulations were Just issued and a meeting was hastily called. Mr. Baker is Vice Chair of this Committee. The District is vitally interested because of our i nci nerators. Mr. Do" an approved the unbudgeted out of state travel because of the urgent nature of the meeting. " h. Mr. Dolan announced that the District recently received increased scruti ny from the Bay. area Ai r Qual ity Management Di strict (BAAa.MD) for stack emissions from the furnace. We have received three tickets from BAAQMD. The events of concern are two occasions when we had a yel low pl ume and one smoki ng viol ati on. The yell ow pl ume i s a cause of concern. The plume appears not to violate our specific regulations, however we agree it must be controlled. We are currently working on identifying the nature of the plume with the objective of developing a control strategy. Mr. Dol an i ndi cated that he woul d adv i se the Board when further i nformati on is avai 1 abl e. 1. Mr. Dot an anno.unced that he conducts meeti ngs with each department at this time of year. It is with pride that we 'took back on 1988 and the number of "major accomplishments including: - Good Safety Record - Garbage Rate Setting - Garbage Recycling - Ash Disposal Contract - Demonstration Water Reclamation proj ect 12;"; 15 ..88 219 - Large Number of Capi ta I Proj ects - Pressurizati on of the Outfal 1 . - Dewateri ng proj ect - Capi tal Improvements Budget - Martinez Planning - Memorandum of Understanding - Appl ication of No Dig Techno'iogy Completed One of the reasons we have such a list of accomplishments in one year is the conti nued support and di recti on of the Board of Di rectors. The employees of the District are sincerely appreciative of our Board and' their support. Thank you. .The Board expressed appreciation for the work of District staff and for the achievements of the past year. 2. COUNSEL FOR THE DISTRICT None 3. SEŒETAAY OF THE DISTRICT Following discussion, it was the consensus of the Board of Directors that the January 19, 1989 Board meeti ng be reschedul ed for January 26, 1989, due to a conn ict with the CASA meeti ng. 4. BOARD MEMBERS a. Presi dent Rai ney reported that she attended a meeti ng of the Orinda City CouncÏl on December 13, 1988, at which the recycling plan proposed by Ori nda-Moraga Di sposal Service was di scussed. Member Boneysteele requested that the feasibility of the devolution of the franchises to the cities be calendared for discussion at a future Board meeting. Mr. Dolan indicated that staff would calendar the matter. Member Car son reported that he attended a meeti ng of the Pacheco Town Council on December 14, 1988, at which the recycl ing pl an proposed by Pleasant Hill Bay Shore Disposal was discussed. A presentation will' be made in Clyde this evening following the District Board meeting. In response to a question from President Rainey, Mr. Dolan, General Manager-Chief Engineer, reported that staff is trying to schedule meetings with Mr. Garaventa since it is likely that Central County waste w 11 l go to the GFB Landf 111 when Acme FÏlI cl oses. In addi ti on, staff has been in contact with Marshall Grodi n, of Vall ey Waste Management, to try to learn their plans. Mr. Grodin indicated that it would be contrary to company policy not to do everything they could to prevent garbage from standing in the street. Mr. Grodin indicated that Valley Waste Management has been to! d that the transfer stati on wi 11 be operational when Acme Fill closes; however, they do not know when Acme Fill will c' ose. . Member Clausen reported that he and Mr. Dolan attended a meeting of the SOl id Waste Export MOU Committee on December 13, 1988. No agreement has been reached. Mr. Hazard, Counsel for the Di stri ct, stated that he fee', s there are significant legal issues involved with the Richmond surcharge matter and the Board may 'decide to discuss them in closed session in the future. In the interim it woul d be appropri ate to associ ate the Shartsis fi rm to assist on that matter. If the Board has no objection, Mr. Hazard indicated that he would contact the Shartsis firm. The Board voiced no obJ ecti on. Mr. Kent Alm, Associate Counsel for the District, provided background and a status report of the Richmond $10.56 surcharge, rev i ew i ng the staff concerns and 1 egal i ssues. Mr. Al m recommended that the Board authorize staff to engage an outside law firm to consult with the Hazard firm on this matter and that we move forward with a Board/staff committee on the Richmond surcharge issue. President Rainey stated that she and Member Clausen have a meeting with Richmond representatives on December 21, 1988. If the negotiations are . , ,:"'1'2 ~,'~15 :~':88 220 unsuccessful or non-productive, staff shoul d proceed with thei r legal work. Mr. Dolan stated that staff is working with the Shartsis firm. Board authorization would be needed to file an action. Mr. Dolan stated that staff would recommend that a letter be sent to the landfi"il owner indicating that we be'lieve that the surcharge is illegal and requesting thei r 1 egal authority for such a surcharge. The Board concurred and suggested that the letter be hand delivered. b. President Rainey distributed the Board Committee assignments for 1989 as follows: STANDING COMMITTEES: Budget and Finance Committee *William C. Dalton John B. Clausen Personnel Committee *Parke L. Boney steel e William C. Dalton Capital Projects Committee *Nels E. Carl son John B. Cl ausen AD HOC COMMITTEES: Tri-Valley Wastewater Agency (TWA) Committee *Nel s E. Carl son John B. Cl ausen IT Review Committee *J ohn B. Cl ausen Nel s E. Carl son Regional Recycl i ng Adv i sory Committee *Pa rke L. Boney steel e Susan McNulty Rainey An nexa ti on POll cy Commi ttee *Susan McNulty Rainey Willi am C. Da'I ton Pl ant Landscape Committee Nel s E. Carl son Solid Waste Committee *J ohn B. Cl ausen Susan McNulty Rainey * First named Member will serve as Committee Chair REPRESENTATIVES: Solid Waste Commission Representative Susan McNulty Rainey Sol i d Waste J PA Pol icy Committee Representative , John B. Cl ausen . ,;:~,::l..,2 ,~. .1: 5.',. .8 8 , . 221 County General Plan Review Advisory Committee Representative ParkeL. Boneysteele Board Liaison to Cities and County Concord, Pleasant Hill, Pacheco Danv ill e, Al amo, San Ramon Lafayette, Walnut Creek Martinez, Contra Costa County Orinda, Moraga Nel s E. Carl son John B. Cl ausen Parke L. Boneysteele William C. Dalton Susan McNulty Rainey c. Member Carl son, member of the Capi tal proj ects Committee reported that he and Member Clausen met with staff on December 13, 1988. A presentation of the proposed Capital Improvement Plan was made. Foll ow i ng rev i ew and di scussi on, suggesti ons were made by the Committee which staff is incorporating into the Plan. XII. ANNOUNCEMENTS None XIII. CLOSED SESSION None XIV. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None xv. AOO OURNMENT There being no further business to come before the Board, President Rai ney adj ourned the meeti ng at the hour of 5 :58 p.m. c President of the Board of Di ectors Central Contra Costa Sanitary District, County of Contra Costa, State of Cal iforni a COUNTERSIGNED: , i"),. f" ", ' , , ; \ " 'c'-u" '--'. ¡ ,;,,1 ¡,-.l.'\_~~"'-'" Secrdtary of the Central Contra Costa Sanitary District, County of Contra Costa, State of Cal Horni a ,12 15 88