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HomeMy WebLinkAboutBOARD MINUTES 07-16-87 112 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JULY 16,1987 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 Place, Martinez, County of Contra Costa, State of California, at 7:30 p.m. on July 16,1987. Presi dent Cl ausen call ed the meeti ng to order and requested that the Secretary call roll. I. ROLL CALL PRESENT: Members: Boneysteele, McNulty, Carlson, Clausen ABSENT: Members: Dalton Member Dalton arrived at 7:37 p.m. II. PUBLIC COMMENTS None 1. III. MINUTES OF JUNE 2S, 1987 APPROV AL OF MINUTES It was moved by Member Boneysteele and seconded by Member Carlson, that the minutes of June 2S, 1987, be approved with the following amendments: Under Item III. Engineering, 1., in the third paragraph the words "possibly affected local" were inserted before the word "jurisdiction." Under Item III. Engineering, 2., in the first sentence of the first paragraph the words "the General Manager-Chief Engineer of" were inserted before "CCCSD." . 'There being no objection, the above motion was approved with Member Dalton being absent. Member Dalton entered the meeting at the hour of 7:37 p.m. 2. MINUTES OF JULY 1,1987 It was moved by Member McNul ty and seconded by Member Boneysteel e, that the minutes of July 1, 1987, be approved with the following amendments: Under Item IV. Hearings, la., in the third paragraph the word "audit" was changed to "investigation." Under Item IV. Heari ngs, lb., the words "but made no independent investigation of operations" was added to the last sentence of the second pa ragraph. Under Item IV. Heari ngs, lc., in the second pa ragraph the word "audit" was changed to "investigation." Under Item IV. Hearings, Id., the following sentence was inserted in the seventh pa ragraph: "Mr. Skaggs made a 1 engthy presentati on on the lack of authority of the Di stri ct to regul ate Acme Fil 1 . " There being no objection, the above motion was unanimously approved. IV. HEARINGS 1. RECEIVE ADDITIONAL INFORMATION RELATED TO THE REFUSE COLLECTION RATE INCREASE APPLICATIONS BY VALLEY DISPOSAL SERVICE, INC., ORINDA-MORAGA DISPOSAL SERV ICE, INC., AND PLEASANT HILL BAY SHORE DISPOSAL > 07' .'16 87 113 President Clausen stated that there will be two separate continued public hearings. The first will be to consider further written comments received relating to the applications for increases in refuse collection rates by Valley Disposal Service, Inc., Orinda-Moraga Disposal Service, Inc., and Pleasant Hill Bay Shore Disposal. The second continued public hearing will be to consider further written comments received relating to the disposal fee increase by Acme Fill Corporation and the amount of that increase allowable for inclusion in the refuse collection rates. la. CONTINUED PUBLIC HEARING TO CONSIDER THE APPLICATIONS FOR REFUSE COLLECTION RATE INCREASES BY VALLEY DISPOSAL SERVICE, INC., ORINDA-MORAGA DISPOSAL SERVICE, INC., AND PLEASANT HILL BAY SHORE DISPOSAL Mr. Roger J. Dol an, General Manager-Chief Engi neer, introduced Mr. Walter N. Funasaki ,Fi nance Officer, who stated that additional written correspondence was received from Mr. Sanford Skaggs, representing Valley Disposal and Orinda-Moraga Disposal, and Mr. Ken Little, representing Pleasant Hill Bay Shore Disposal. That correspondence will be the subj ect of the fi rst publ ic heari ng. Correspondence received from the City of Lafayette will be the subject of the second continued public hearing. Mr. Funasaki briefly reviewed the position paper and summarized the attachments. Because of the new information received, Member Dal ton requested a closed session prior to the hearing. XII. QOSED SESSION Pursuant to Government Code Section S49S6.9(b), a point has been reached where in the opinion of the Board of Directors of the Central Contra Costa Sanitary District on the advise of its Counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the District. At 7:48 p.m., President Clausen declared the closed session to discuss litigation pursuant to Government Code Section S49S6.9(b). Member Carlson left the closed session at 7:S2 p.m. At 8:03 p.m., President Clausen concluded the closed session and reconvened the meeti ng into open session returni ng to the order of the agenda. la. CONTINUED PUBLIC HEARING TO CONSIDER THE APPLICATIONS FOR REFUSE COLLECTION RATE INCREASES BY V ALLEY DISPOSAL SERV ICE, INC. . ORINDA-MORAGA DISPOSAL SERVICE, INC., AND PLEASANT HILL BAY SHORE DISPOSAL President Clausen indicated that the Board would now receive any comments from members of the public concerning the further written comments received from Mr. Skaggs and Mr. Little. There being no comments, President Clausen declared the public hearing closed. Member McNul ty requested that action on this matter be deferred until the conclusion of the continued public hearing concerning the scheduled disposal fee increase by Acme Fill since it may affect this decision. The Board concurred. Because of a potential conflict of interest, Member Carlson excused himself from participation in the discussion of this matter but remained in the room to listen to the discussion in the event he may participate later. Discussion followed concerning the rates and level of service provided to the mobile homes in the Pleasant Hil 1 Bay Shore Disposal service area. Member Dalton requested that this item be calendared for further discussion at the August 6,1987 Board Meeting. lb. CONTINUED PUBLIC HEARING TO CONSIDER THE SOiEDULED DISPOSAL, FEE INCREASE BY ACME FILL CORPORATION AND THE AMOUNT OF INCREASE ALLOiIABLE FOR INQUSION IN THE REFUSE COLLECTION' RATES. It was noted for the record that Member Carlson continued to exclude himself from participation in discussion of this matter due to a potential conflict of interest. 07 '1";6 "87 114 President Clausen indicated that the Board would now receive any comments from members of the publ ic concerning the written comments received from the City of Lafayette. Mr. Walter N. Funasaki, Finance Officer, stated that a copy of the letter from the City of Lafayette was provided to the Board with the position, paper. Mr. Funasaki stated that the City of Lafayette recommends that the cost impact of the Cal deron Bil 1, approved by the Governor in September' .1984, be, determined to quantify any unforeseen closure costs which may impact Acme Fill. Mr. Funasaki reviewed the Calderon Bill and Attachment III, the Price Waterhouse response to Greene, Nakahara & Lew's letter of June 30, 1987; Attachment IV, Summary of Policy Issues and Accounting-Related Recommendations presented in the Price Waterhouse Report; Attachment V, the Effect of Tipping Fee Increase on Refuse Collection Rates for Each Collector; and Attachment VI, containing the same information except the tipping fee increase was adjusted to remove profit on closure and post-closure costs. Mr. Funasaki indicated that Mr. Robert Hilton, of Price Waterhouse, is present to answer any questions concerning their report. Mr. James M. Kelly, Planning Division Manager, reviewed the experience within Contra Costa County with the Cal deron Bill. Mr. Kel ly stated that the Calderon Bill may cause closure costs to go up to protect the environment and air from migration of hazardous wastes if the initial cl osure was not adequate. Mr. Funasaki stated that Price Waterhouse determined in their review that the cost of monitoring gas emissions in accordance with the Calderon Bill has been provided for in the Acme Fill cl osure costs. A di scussion foll owed wherei n Member Dal ton requested that the General Manager-Chief "Engineer obtain confirmation in writing of the offer of stock in Acme Fill Corporation made by Mr. Sanford Skaggs at the July 1, 1987 Board Meeting. Member Dalton requested that this matter be calendared for discussion at the August 6, 1987 Board Meeting. At this time, in accordance with the public hearing agenda format, President Clausen requested a closed session to consider the legal issues related to the scheduled disposal fee increase by Acme Fill Corporation and the amount of the increase allowable for inclusion in the refuse collection rates. XII. CLOSED SESSION Pursuant to Government Code Section S49S6.9(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 exposure to litigation against the District. At 8:37 p.m., President Clausen declared the closed session to discuss litigation pursuant to Government Code Section S49S6.9(b). Because of a potential conflict of interest, Member Carlson was not present for closed session. At 9:32 p.m., President Clausen concluded the closed session and reconvened the meeting into open session returning to the order of the agenda. lb. CONTINUED PUBLIC HEARING TO CONSIDER THE SOiEDULED DISPOSAL FEE INCREASE BY ACME FILL CORPORATION AND THE AMOUNT OF INCREASE ALLCMABLE FOR INCLUSION IN THE REFUSE COLLECTION RATES President 'Clausen requested any comments from members of the public concerning the written comments received. Mr. James B. Ellis of McCutchen, Doyle, Brown & Enerson, representing Valley Disposal and Orinda-Moraga Disposal, submitted a letter entitled Response to Analysis of Disposal Costs Rate Applications of Valley Disposal Service, Inc. and Orinda-Moraga Disposal Service, Inc. Receipt of the letter was acknowledged and was incorporated by reference into the minutes. Mr. Ellis summarized the letter which responds to the staff analysis of July 13, 1987 and the 1 etter from the City of Lafayette. Mr. Ellis stated that the rate applications do include the Acme Fill tipping fee increase and any hypothetical adjustments to the tipping fee have no impact on the charges 07 1,,6 ,87 115 the col 1 ectors must pay. regulate Acme's fees. The District does not have the authority to A discussion followed concerning the value of the Acme fill land and the issue of prof it on cl osure and post-cl osure costs. In response to a question by Member Boneysteele, Mr. Dolan stated that he would recommend that profit on closure and post-closure costs be included and that the profit shown on the attachments to the position paper seems appropriate. Mr. Ken D. Little of Little & Saputo, attorneys for Pleasant Hill Bay Shore Di sposal, stated that Attachment I to the position paper, Estimated Expense Effect of Disposal at the West or East County Landfills, does not consider increases for overtime for drivers, required changes in routes, different road conditions, additional wear on trucks, commute traffic, or possi bl e additional fees imposed by citi es, so the comparisons are not valid. Mr. Little closed by requesting the Board to grant the requested rate increase to Pleasant Hill Bay Shore Disposal. There being no further comments, President Clausen closed the public 'hearing at the hour of 10:12 p.m. Following discussion, Members Dalton and McNulty requested that this matter be cal endared for Board acti on on August 20, 1987. Member Boneysteele suggested that if the matter is to be delayed, an attempt be made to resolve the confrontation with Acme Fill Corporation in an effort to avoid litigation costs. Member Boneysteele suggested that a committee including two Board Members be formed to negotiate with representatives of the collectors in an effort to reach a fair and equitable resolution. It was moved by Member Boneysteele and seconded by Member McNulty, tha1; determi nati on of the amount of the Acme Fill Corporation di sposal fee increase allowable for inclusion in the refuse collection rates for each of the three franchised refuse collectors, be continued to August 20, 1987. Member Boneysteele withdrew the above motion. It was moved by Member Dalton and seconded by Member McNulty, that determination of the amount of the Acme Fill Corporation disposal fee increase allowable for incl usion in the refuse collection rates and establ i shment of refuse col 1 ecti on rates for Valley Di sposal Serv ice, Inc., Orinda-Moraga Disposal ,Service, Inc., and Pleasant Hill Bay Shore, be continued to August 20, 1987. There being no objection, the motion was approved. Presi dent Cl ausen appoi nted' Boa rd Members McNul ty and Cl ausen to work with District staff and 'the collectors in accordance with Member Boneysteele's suggestion. Member McNulty was designated Chair of the Committee. V. BIDS AND AWARDS 1. RESCIND THE ~ ARD AUTHORIZATION TO COMINCO AMERICAN AND AUTHORIZE AWARD TO PURCHASE SULFUR DIOXIDE LIQUID FROM VIRGINIA CHEMICAL Mr. Dolan, General Manager-Chief Engineer, stated that Cominco American is unabl e to accept the purchase order because of fail ure to reach a labor agreement. It was moved by Member Carlson and seconded by Member Dalton, that the authorization to award the sulfur dioxide purchase order to Cominco American be rescinded and that award of the purchase order be authorized to Vi rgi ni a Chemical at a per ton cost of $223 .21. Moti ofl unanimousl y approved on the following roll call vote: AYES: Members: Ca rl son, Dalton, Boneysteele, McNulty, Cl ausen NOES: Members: None ABSENT: Members: None 2. DEQARE OCCIDENTAL OiEMICAL' S BID NONRESPONSIVE AND AUTHORIZE AWARD, TO PURŒlASE ŒlLORINE LIQUID FROM WESTERN STATES CHEMICAL FOR THE PERIOD J UL Y 1987 THROJGH JUNE 1988 07 :.,1..6 ,8,:7 "', 116 It was moved by Member Carlson and seconded by Member McNulty, that Occidental Chemical's bid be declared nonresponsive and award to purchase chlorine liquid be authorized to Western States Chemical for the period July 1987 through June 1988 at a per ton del ivered cost of $191.08. Motion approved on the following roll call vote: AYES: Members: Ca rl son, McNulty, Dalton, Clausen NOES: Members: None ABSENT: Members: None ABSTAIN: Members: Boneysteele 3. AUTHORIZE AWARD OF A CONTRACT TO TYSON AND SONS, INC. FOR CONSTRUCTION OF DISTRICT PROJ ECT NO. 4209, STORM DAMAGE REPAIR 3717 HAPPY VALLEY ROAD, LAFAYETTE It was moved by Member Dalton and seconded by Member McNulty, that award of contract for construction of District Project 4209, Storm Damage Repair 3717 Happy Valley Road, Lafayette, be authorized to Tyson and Sons, Inc., the lowest responsible bidder. Motion unanimously approved on the following roll call vote: ' AYES: Members: Dalton, McNulty, Boneysteele, Carlson, Clausen NOES: Members: None ABSENT: Members: None VI. CONSENT CALENDAR It was moved by Member McNulty and seconded by Member Carlson, that the Consent Calendar, consisting of five items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Resolution No. 87-110 accepting an easement at no cost to the District from C. H. NGUYEN, et ux, Walnut Creek area (Job 4266 - Parcell) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: McNul ty, Ca rl son, Boneysteele, Dal ton, Cl ausen NOES: Members: None AB SENT: Members: None 2. The Agreement Rel ati ng to Real Property with Christopher P. Brown, et ux, Job ISSl, was approved; the President of the Board and the Secretary of the District were authorized to execute said Agreement; recording of the Agreement was authorized; and Resolution No. 87-111 was adopted. Motion unanimously approved on the following vote: AYES: Members: McNulty, Ca rl son, Boney steel e, Dalton, Clausen NOES: Membe rs: None AB SENT: Members: None 3. Grant of Easement to Pacific Gas and Electric, Job 1379, Parcel 7, was approved; the President of the District Board of Di rectors and the Secretary of the District were authorized to execute said document; recording by Pacific Gas and Electric was authorized; anq Resolution No. 87-112 was adopted. , ,- Motion unanimously apprôved on the following vote: 07 16 &7 117 AYES: Members: McNulty, Carlson, Boneysteele, Dalton, Clausen NOES: Members: None ABSENT: Members: None 4. Authorization was given for P.A. 87-24 (Pleasant Hill) to be included in a future formal annexation to the District. Motion unanimously approved on the following vote: AYES: Members: McNulty, Carlson, Boneysteele, Dal ton, Clausen NOES: Members: None ABSENT: Members: None s. Resolution No. 87-113, Resolution Determining Assessments Remaining Unpaid - La Casa Via/Brodia Way, Local Improvement District No. 56, Resolution No. 87-114, Resolution Authorizing Issuance of Bonds - La Casa Via/Brodia Way Local Improvement District No. S6, and Resol ution No. 87-US, Resol ution Ordering Sal e of Bonds - La Casa Via/Brodia Way Local Improvement District No. S6, were adopted. Motion una'nimousl y approved on the following roll call vote: AYES: Membe rs: McNulty, Carlson, Boneysteele, Dalton, Clausen NOES: Members: None ABSENT: Members; None CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None VII. ENGINEERING 1. ESTABLISH A PUBLIC HEARING DATE ON POLICY REVISIONS TO THE DISTRICT WASTE HAULER PERMIT AND ADMINISTRATION PROORAM' Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Barton L. Brandenburg, Associate Engineer, who briefly summarized the policy issues and admi ni strative changes proposed to the Di strict Waste Haul er Permit and Administration program. Mr. Brandenburg requested that the Board set a publ ic hearing date for August 6, 1987, to consider pol icy modifications. The information has been sent to the haulers and their comments solicitèd for presentation at the hearing. It was moved by Member Dalton and seconded by Member McNulty, that August 6, 1987 be established as the date for a public hearing to consider pol icy modifications to the District Waste Hauler Permit and Administration Program in the area of geographic limits for acceptance of trucked-in waste and implementation of vehicle insurance and bonding requirements. There being no objection, the motion was unanimously approved. VIII. EXPENDITURES 1. EXPENDITURE LIST DATED JULY 16,1987 Member McNulty, member of the Budget and Finance Committee, stated that in the absence of Member Dalton, she and Member Boneysteele reviewed the expenditures and found them to be satisfactory. It was moved by Member McNul ty and seconded by Member Boneysteel e, that the Expenditure List dated July 16, 1987, including Self-Insurance Fund Warrant Nos. 100130-100134, Running Expense Warrant Nos. 07 :1":'6 ,:87 118 33392-33669, Sewer Construction Warrant Nos. 4630-4673, and Payroll Warrant Nos., 10167-10441, be approved as recommended. There being no objection, the motion was unanimously approved. IX. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None X. REPORTS 1. GENERAL MANAGER-Q-IIEF ENGINEER a. The report on trenchl ess constructi on technol ogy was held until August 6, 1987. b. Copies of the Contra Costa County Recycling Planning Study were di stri buted. Mr. Dol an proposed that a staff team be formed to begi n a dialogue with the collectors to determine the degree of recycling already going on, to evaluate the County report, and to formulate the District's response. c. Mr. Dol an announced that as a resul t of recent Basi n Pl an revisions, the District has received revisions to our NPDES permit that will require bioassay work. d. Mr. Dolan announced that Mr. Robert Baker, Deputy Chief Engineer, will make a presentation to the California Solid Waste Management Board on July 17,1987, concerning sludge disposal. e. Mr. Dolan announced that he will be on vacation the week of July 20, 1987. 2. COUNSEL FOR THE DISTRICT Mr. Hazard announced that he will not be present at the August 6, 1987 Board Meeting. Mr. Kent Alm will be present to advise the Board. 3. SECRETARY OF THE DISTRICT a. Ms. Joyce McMill an, Secretary of the Di strict, di stributed the Training/Conference Summary for the period April - June, 1987. b. Ms. McMillan announced that with regard to the recent consolidation of District elections with the statewide general elections, the cost for notification of voters was $28,700. At the time the budget was prepared it was believed that the notification could be accomplished by legal notice rather than individual mailing so funds were not included in the budget. It is anticipated that the savings in election expense in 1988 will more than offset the cost of notification. c. Ms. McMillan announced that she will be on vacation from July 22,1987 through August 3,1987. 4. BOARD MEMBERS a. Member Boneysteele distributed a summary of the presentation made at the July 9, 1987 Contra Costa County Comprehensive General Plan Review Planning Congress Infrastructure Subcommittee. Member Boneysteele commended Mr. James Kelly, Planning Division Manager, for the excellent job he did in, reprøsenting the agencies providing sewage service in Contra Costa County. b. Member Dal ton announced that he has resi gned from the County Hazardous 'Materials Commission. Follow,ing discussion, it was determined that the General Manager-Chief Engineer would investigate and determine the appropriate action for securing a seat for the District on that Commi ssi on. Member Dalton distributed a copy of the proposed addition to the July IS, 1987 Solid Waste Commission memorandum to the Board of Supervisors concerning their recommendation of Solid Waste Plan amendments for Ki rker Pass Waste Management Landfil 1 and East County 07 ",'}:'6 :,ts,'7 119 Sanitary Landfill. Member Dalton requested that Board Members review the proposed addition and provide any comments or suggestions to the General Manager-Chief Engineer or to Member Dalton. XI. ANNOJNCEMENTS In response to questions by Member Dalton, the General Manager-Chief Engi neer suggested that a committee meeti ng be call ed rel ative to the District's overflow device. President Clausen announced that the Second Annual Bocce Ball Battle to benefit the American Cancer Society will be held on August 2, 19å7, at 10:00 a.m. XII. CLOSED SESSION This item was taken out of order earlier in the agenda. XIII. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None XIV. ADJ OURNMENT There being no further discussion to come before the Board, President Clausen adjourned the meeting at the hour of 11:12 p.m. Pr id t of the Board of Directors C t 1 Contra Costa Sanitary District, County of Contra Costa, State of Cal iforni a COUNTERSIGNED: ¿ rn CrY LCa-,~ $e r ary of the Central Contra çøsta Sanitary District, County of Contra Costa, State of California 07 16 . ". '," . 87 .." 0'