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HomeMy WebLinkAboutBOARD MINUTES 07-17-86 160 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JULY 17, 1986 The District Board of the Central Contra Costa Sanitary District convened i n a regul ar session 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 17,1986. President Carlson called the meeting to order and requested that the Secretary call roll. I. ROlL CALL PRESENT: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson ABSENT: Members: None II. PUBLIC COMMENTS None III. APPROVAL OF MINUTES 1. MINUTES OF JUNE 19,1986 It was moved by Member Boneysteel e and seconded by Member McNulty, that the minutes of June 19, 1986, be approved with the following additions: Under Item VIII. Engineering, 1., the first sentence was amended to read, "Member Boneystee 1 e, member of the Cap ita 1 Proj ects Committee, stated that the Committee has been briefed on this item by staff and is in agreement with staff recommendation." Item XI. REPORTS, BOARD MEMBERS a., was amended to read, "Member Boneysteel e requested that retenti on of an advocate to represent the public at garbage rate hearings be calendared for a future Board meeting." There being no objection, the above motion was unanimously approved. 2. MINUTES OF JULY 3, 1986 It was moved by Member Boneysteel e and seconded by Member McNul ty that the minutes of July 3, 1986, be approved with the following correction: Under Item XI. REPORTS, BOARD MEMBERS b., the second sentence was amended to read, "A revised schedule for landfill EIR processing has been received from the County and will be di stributed to each Board Member." There being no objection, the motion was unanimously approved. IV. EXPENDITURES Member Dalton, member of the Budget and Finance Committee, stated he and Member Clausen have reviewed the expenditures and found them to be satisfactory. It was moved by Member Dalton and seconded by Member Clausen, that the Expenditure List dated July 17, 1986, including Running Expense Warrant Nos. 26931-27125 and Sewer Construction Warrant Nos. 3746-3777, be approved as presented. There bei ng no obj ecti on, the moti on was unanimously approved. V. HEARINGS 1. HOLD PUBLIC HEARING ON COMMERCIAL RATE IN PLEASANT HILL BAY SHORE DISPOSAL SERVICE FRANCHISE AREA AND CONSIDER RATE INCREASES FOR ALL SERVICES President Carlson stated the purpose of this hearing is to receive public comment regarding the application by Pleasant Hill Bay Shore Disposal Service for increases in the commercial refuse collection rates and to consider establishing all refuse collection service rates. 'A;7 \1', 17 8'6 161 Mr. Roger Dolan, General Manager-Chief Engineer, stated that a thorough position paper and analysi s has been prepared by Mr. Wal ter Funasaki in which issues of service to the mobile home parks and possible adjustment to the commercial bin and drop box rates to achieve the 95 percent operating ratio were considered. Mr. Walter Funasaki, Finance Officer, summarized the results of the District staff analysis. Mr. Funasaki reported that at the time the June 19, 1986 staff analysis was prepared, only one of the three mobile home parks was included in the residential service category. As a result, the resi denti al and commerci al can service revenue base was understated. Because of the correction to the revenue base by including the two mobile home park revenues, the rates can be establ i shed at a much lower 1 evel than calculated in the June 19 staff report. President Carlson opened the public hearing at the hour of 7:44 p.m. and acknowl edged recei pt of correspondence from Mr. and Mrs. M. Sharp, Mr. Charles E. Philbrook, Mr. Van Man, and Mr. Sanford M. Skaggs. Mr. Sanford M. Skaggs, attorney representing Pleasant Hill Bay Shore Disposal Service, addressed the Board requesting that the basic residential service rate be set at $10 per month and that no changes be made in the commercial or drop box rates. Mr. Skaggs stated that this request is based primarily on the comparative rates in adjacent areas. Mr. Skaggs stated that the cost of providing the basic residential service is more than $10 per month. The operator has been operating at a loss for several years. Even if the requested $10 rate is approved, the operator would not make a profit in the 1986 calendar year. According to Mr. Skaggs, the operator did not realize that the recently negotiated franchise agreement called for three clean ups a year rather than one and those costs are not in the requests. Mr. George Jelten, Resident Manager of Rancho Diablo Mobile Home Park, voiced opposition to the requested $10 per month rate. Mr. Jelten indicated that he would not be opposed to a rate of $5.50 per month, one clean up per year, and curbside service. Mr. Jelten stated further that the operator is doing a good job. Mr. Vern Swagerty, Temple Drive in Pacheco, indicated that he understood the collector has not had a rate increase in 15 years but it would appear that he continued to operate and to generate income during that time. Mr. Swagerty supported a lower rate for the second can. Following discussion clarifying the impact of the correction to the revenue base, President Carlson closed the public hearing at the hour of 8:30 p.m. President Carlson stated that he and Member Boneysteele reviewed the coll ector's operati on with staff and toured the mobil e home parks and collector's service area. President Carlson and Member Boneysteele concurred with staff that because of the distinctively different service envi ronment in mob 11 e home parks which makes for more effici ent refuse collection, a lower rate schedule should be established for mobile home parks. Following deliberation, it was moved by Member Clausen and seconded by Member Dalton, that the staff computed rates set forth on Attachment III to the position paper be adopted with the exception that the residential and mobile home park service rate for each additional can weekly was set at $4.00 and an optional service of pre-printed bags will be available to both residential and mobile home park customers at a cost of $1.25 each, and that a resolution be adopted to that effect (Resolution No. 86-073>' Motion approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, Clausen, Carlson NOES: Members: McNulty reSENT: Members: None 07" 17. 86 162 It was noted for the record that Member McNulty voted no for the reason that she was not in favor of increasing the residential service rate from $2.65 to $7.30 in one year but rather felt it should be more gradually increased over a number of years. It was moved by Member Clausen and seconded by Member Dalton, that the above rates shall be effective July 1, 1986. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteel e, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None Appreciation was expressed to Mr. Paul Morsen and Mr. Walter Funasaki for their exceptional efforts in developing a resolution to the complications in the Pleasant Hill Bay Shore rate request. President Carlson declared a recess at the hour of 8:57 p.m., reconvening at the hour of 9:02 p.m., with all parties present as designated heretofore. VI. CONSENT CALENDAR Member Dalton requested that Item No.1, acceptance of an easement from Castilla Development Corporation, be removed from the Consent Calendar. It was moved by Member Clausen and seconded by Member Boneysteele, that the Consent Calendar, consisting of Items 2 through 7, be approved as recommended, resol uti ons adopted as appropri ate, and recordi ngs dul y authorized. 2. Resol uti on No. 86-075 accepti ng an easement at no cost to the District from M. M. Makieve, et ux, Alamo area (Job 3542 -Parcel 5) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Boney stee 1 e, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None 3. Resol uti on No. 86-076 accepti ng an easement at no cost to the District from M. Nybank, Alamo area (Job 3542 - Parcel 5) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteel e, Dalton, McNulty, Clausen, Carl son NOES: Members: None ABSENT: Members: None 4. Agreement relating to real property with THOMAS L. LOWE, et ux, Job 3007, Parcel 4, Moraga area (Resol uti on No. 86-077) was approved and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteel e, Dalton, McNulty, Clausen, Carl son NOES: Members: None ABSENT: Members: None 5. Agreement rel ating to real property with WOOD AND COMPANY, Job 4109, Parcel 2, Danville area (Resolution No. 86-078) was approved and recording authorized. 07 17 86 163 Motion unanimously approved on the following vote: AYES: Members: Boneysteel e, Dalton, McNulty, Clausen, Ca rl son NOES: Members: None ABSENT: Members: None 6. Authorization was given for P.A. 86-18 (Lafayette area) to be included in a future formal annexation to the District. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteel e, Dalton, McNulty, Cl ausen, Carl son NOES: Members: None ABSENT: Members: None 7. $1,550 was authorized from the Sewer Construction Fund for the purchase of a water vacuum. Motion unanimously approved on the following vote: AYES: Members: Boney steel e, Dalton, McNulty, Clausen, Carl son NOES: Members: None ABSENT: Members: None It was moved by Member Clausen and seconded by Member Boneysteele, that Item No.1 on the Consent Calendar, Resolution No. 86-074 accepting an easement at no cost to the District from CASTILLA DEVELOPMENT CORPORATION, Wal nut Creek area (Job 4055 - Parcel 4) be approved and recording authorized. Motion approved on the following vote: AYES: Members: Boneysteele, McNulty, Clausen, Carl son NOES: Members: None JIB SENT: Membe rs: None ABSTAIN: Members: Dalton CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Dolan, General Manager-Chief Engineer, requested that Item No. VII. 1, Engineering, be deferred until the conclusion of closed session. Item No. IX. 2, Real Property, was taken out of order to accommodate interested persons in the audience. IX. REAL PROPERTY RECEIVE REQUEST OF TERRY MACKEN FOR THE DISTRICT TO PURCHASE ABANDONED PROPERTY IN THE WALNUT CREEK AREA 2. Mr. Terry Macken requested that the District either purchase Assessor's Parcel #184-204-009 (hal f of the exit road from Parkmead School) or purchase the property, sell the property to Mr. Macken and return a sewer easement. The property has been abandoned for 30 years. The current back taxes are approximately $100. Without the easement, Mr. Macken stated th at he woul d be unable to bu i 1 d even one house on his parcel. Mr. James L. Hazard, Counsel for the District, advised that if the District were to accede to Mr. Macken's request, only the easement should be obtained from the County because of liability. In addition, Mr. Macken must comply with CEQA requirements. It would not be appropriate for the District to be the lead agency in this case. Mr. Hazard concurred with the staff recommendation that Mr. Macken proceed through the planning process and tentative map stage. 07"",.,,17:' 86 164 Following discussion, it was moved by Member Boneysteele and seconded by Member Dalton, that action on Mr. Macken's request for the Di strict to purchase abandoned property in the Wal nut Creek area be deferred until appropriate planning approvals have been received. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteel e, Dalton, McNulty, Clausen, Carl son NOES: Members: None ABSENT: Members: None At this time President Carlson reverted to the order of the agenda. VIII. BUDGET AND FINANCE 1. ADOPT A RESOLUTION AUTHORIZING PARTICIPATION CALIFORNIA LOCAL AGENCY INVESTMENT FUND IN THE STATE OF Following explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Dalton and seconded by Member Cl ausen, that Resolution No. 86-079 be adopted authorizing participation by the District in the Local Agency Investment Fund operated by the State Treasurer, and that modifications to the District's investment policy reflecting such participation be adopted. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None IX. REAL PROPERTY 1. ADOPT RESOLUTION DECLARING A PORTION OF THE BATES AVENUE PUMPING STATION PROPERTY SURPLUS AND AUTHORIZE THE SALE OF SAID PORTION TO CONTRA COSTA COUNTY It was moved by Member Dalton and seconded by Member Clausen, that Resolution No. 86-080 be adopted declaring 825 square feet of the Bates Avenue Pumping Station property surplus and authorizing its sale to Contra Costa County, and that the Deputy General Manager be authorized to execute the Grant Deed, a temporary Construction Permit, and a Right of Way Contract with Contra Costa County. Motion approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen NOES: Members: None ABSENT: Members: None ABSTAIN: Members: Carlson 2. RECEIVE REQUEST OF TERRY MACKEN FOR THE DISTRICT TO PURCHASE ABANDONED PROPERTY IN THE WALNUT CREEK AREA This item was taken out of order earlier in the agenda. X. ITEMS LATE FOR THE AGENDA None XI. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan, General Manager-Chief Engineer, reported that representatives of CASA met with Mr. Danny Walsh, State Water Resources Control Board Member, concerning the designated waste classification of 011':<1 '( ¿ 86 165 ash and sludge. The State Board has indicated an interest in working with the CASA group. Tri-TAC is also working on this issue. b. Mr. Dolan reported that the Regional Water Quality Control Board hel d a workshop on the issue of toxic pollutants as refl ected i n the draft Basin Plan. Messers. Charles Batts and Bhupinder Dhaliwal as well as Mr. Dolan represented the District. It appears that some changes will be made in the Basin Plan that will benefit the District although there has been no final resolution to date. c. Alternatives for a sign directing visitors to the Board Meeting Room were presented. A position paper will be prepared for the next Boa rd Meet i ng. d. Foll ow ing di scussion, Presi dent Carl son was designated Board 1 i ai son to work with the Task Force devel opi ng the 1 andscapi ng master pl an. e. The Watershed 44, West Trunk Parallel Project is being bid. This project will serve the Concord Industrial Park. f. Mr. Curt Swanson, Pri nci pal Engi neer, presented an overview of the proposed procedures for the J ul y 23, 1986, public heari ng on the draft EIR for the San Ramon Valley Sewer Improvement Project. 2. COUNSEL FOR THE DISTRICT a. Mr. Hazard, Counsel for the District, reported that Mr. Richard McNeely, Danville City Councilmember, has joined the law firm of Sellar, Hazard, Snyder & Kelly. 3. SECRETARY OF THE DISTRICT a. The Training and Conference Summary for the period April-June 1986 was distributed. b. Ms. Joyce McMillan, Secretary of the District, advised that Off-Year Campaign Statements must be filed in the County Elections Office no later than July 31,1986. c. The Board acknowledged receipt of a letter from the City of Danville conveying notice of preparation of the Downtown Danville Master Pl an EIR. 4. BOARD MEMBERS a. Member Dalton reported on the July 16, 1986 Solid Waste Commission meeting. Criteria for solid waste landfill evaluation which will be used by the Cities of Pittsburg and Antioch for east county sites will be provided to each Board Member. b. Member Dalton requested authorization to attend an EPA seminar on alternative technology related to sewage treatment. It was moved by Member Boneysteele and seconded by Member Clausen, that Member Dalton be authorized to attend the EPA seminar on alternative technology rel ated to sewage treatment on September 25 and 26, 1986, in Salt Lake City, Utah. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None XII. MATTERS FROM THE BOARD NOT ON THE AGENDA None XIII. CLOSED SESSION 0 7. (: ,.1 7 86. 166 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 exposure 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. 2. 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 to initiate or is deciding whether to initiate litigation. The title of the litigation i s not bei ng di scl osed because to do so woul d j eopardi ze the abi lity of the District to effectuate service of process or to advantageously conclude existing settlement negotiations. At 10:15 p.m., President Carlson declared the closed session to discuss litigation pursuant to Government Code Sections 54956.9(b) and (c). At 11:25 p.m., President Carlson concluded the closed session and reconvened the meeting into open session. XIV. ACTIONS RESULTING FROM DISCUSSIONS IN ClOSED SESSION None At this Engineering. time President Carlson returned to Item No. VII, VII. ENGINEERING 1. AUTHORIZE $5,000 FROM THE SEWER CONSTRUCTION FUND FOR FINAL DESIGN OF HILLCREST DRIVE LANDSLIDE REPAIRS, DISTRICT PROJECT 3886; AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE A JOINT LANDSLIDE REPAIR AGREEMENT WITH MR. LOUIS SAULACICH AND MR. WILLIAM HAM It was moved by Member McNulty and seconded by Member Clausen, that $5,000 be authorized from the Sewer Construction Fund to design the Hillcrest Drive Landslide Repair Project, District Project 3886; and that the General Manager-Chief Engineer be authorized to execute the joint landslide repair agreement with Mr. Louis Saulacich and Mr. William Ham. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT Members: None XV. ADJ OURNMENT There being no further business to come before the Board, President Carlson adjourned the meeting at the hour of 11:26 p.m. to reconvene in Adjourned Regular Session at 7:30 p.m. on Wednesday, July 23, 1986, at San Ramon Valley Unified School District Offices, 699 Old Orchard Road, Danville, to conduct a public hearing on the draft EIR for the San Ramon Valley Sewer Improvement Project. ~ President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 07 CL ¿. fh S e ry of the Cent al Contra G ta Sanitary District, County :of]f~a ~~.t~~ of California