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HomeMy WebLinkAboutAGENDA BACKUP 01-25-90 . Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 6 POSITION PAPER BOARD MEETING OF January 25, 1990 NO. IV. HEARINGS 1 SUBJECT HOLD A PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE ESTABLISHING THE USE OF IRREVOCABLE OFFERS OF DEDICATION TO CREATE EASEMENT RIGHTS FOR PUBLIC SEWERS; ADOPT A RESOLUTION AUTHORIZING STAFF TO RECORD RECEIPT OF IRREVOCABLE OFFERS OF DED1CATION DATE January 17, 1990 TYPE OF ACTION APPROVE NEW EASEMENT POLICY SUBMIITED BY uennis Hall Associate Engineer INITIA T.lNG DEPT/DIV. ~ngineering Department, Construction Division ISSUE: Board approval is required to adopt an ordinance authorizing staff to use Irrevocable Offers of Dedication for creating easement rights. BACKGROUND: District Counsel has advised that the District can limit its liability related to ownership of easements and the construction of sewers by developers by accepting the easements only after the construction of the sanitary sewer facilities has been completed and the District is ready to take over maintenance responsibility. Presently, District sewer easements are obtained by direct Grants of Easements from property owners and through the subdivi si on map dedi cati on process. When di rect Grants of Easements are used, they are reviewed, revised, final ized, and signed by the property owners prior to the start of construction. The Board of Directors then accepts each Grant of Easement by a separate resolution which is then recorded along with the subject Grant of Easement at the County Recorder's Office. This procedure has been adopted to assure that the District secures the req ui red easement ri ghts pri or to the start of any sewer constructi on. When easements are dedicated on subdivision maps, the District's rights to accept the easements are established when the subdivision map is filed at the County Recorder's Office. The District technically becomes the legal easement holder when the District "accepts" the dedication. There presently is no formal process to accept or reject subdivision map dedications; however, the easement rights on subdivision maps are effectively accepted when the District accepts the sewer improvements from the developer. The present methods of obtaining easements may unnecessarily expose the District to liability both prior to and during construction of sewer improvements because the recording of the Grant of Easements or filing of subdivision maps establish District rights in the land where the sewers are being constructed. As was originally suggested by Board Member Clausen, it is proposed by staff that the maj ori ty of future Di stri ct easement ri ghts be created by use of an "I rrevocabl e Offer of Dedi cati on" instrument or by "I rrevocabl e Dedi cati ons" on the certificate sheet of subdivision maps. The Irrevocable Offers of Dedication (non-subdivision related) are proposed to be received and recorded by staff, but not formally accepted by the District until after the sewer construction has been completed. The wording on the certificate sheets of subdivision maps will be revised to indicate that the sanitary sewer easements shown on th maps are REVIEWED AND RECOMMENDED FOR BOARD ACTION lit' 1302A-9/85 DH JSM KA RAB .IU= INITIATING DEPT.lDIV. JIJfJ SUBJECT HOLD A PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE ESTABLISHING THE USE OF IRREVOCABLE OFFERS OF DEDICATION TO CREATE EASEMENT RIGHTS FOR PUBLIC SEWERS; ADOPT A RESOLUTION AUTHORIZING STAFF TO RECORD RECEIPT OF IRREVOCABLE OFFERS OF DEDICATION POSITION PAPER PAGE DATE 2 OF 6 January 17, 1990 irrevocably offered for dedication. The filing of the subdivision maps will establish the Irrevocable Offer of Dedication of the easements to the District and clarify that said easements will not be accepted as District property interests until the District formally accepts the easements by Board Resolution. An ordinance has been prepared which outlines the use of Irrevocable Offers of Dedication including the initiation, receipt, and acceptance thereof. A copy of the proposed ordinance is attached as Exhibit "A" to this position paper. To lessen the number of times Board action is required, it is suggested that the Boa rd authori ze the General Manager-Chi ef Engi neer (or hi s desi gnee) to accept the Irrevocable Offers of Dedication (non-subdivision related) for recording only. The recording will provide legal notice to any subsequent purchasers of the encumbered property. Upon satisfactory completion of construction, Staff will request the Board to officially accept the improvements and the Irrevocable Offers of Dedication by resolution. The acceptance resolutions will be recorded at the County Recorder's Office after adoption by the Board. This process will make clear the exact date when the District is taking over responsibility for the property. By the use of this procedure, it is intended that the District's liability related to property ownership will commence only after construction of the sewers is completed and accepted. On District-financed projects, staff continues to believe that the present method of creating easement rights through direct Grants of Easements will be the most efficient and cost effective process. The proposed ordinance therefore provides for staff to continue the present practice when the situation warrants its use. It is anticipated that the new policy can be implemented in March, 1990. This will all ow time for pri nti ng the requi red new forms and all ow staff time to notify all affected cities, the county, and engineering firms which do business with the Di stri ct. In some instances, it may be necessary to accept exi sti ng Grant of Easement forms for jobs whi ch are now in progress when the processi ng extends past the above implementation date, or for jobs which have been completed but lack proper easement rights. Staff recommends that the best method for creati ng cl arity as to Di stri ct easement acceptance policy is to adopt an ordinance incorporating the concept of Irrevocable Offers of Dedication into the District Code. It is further requested that the Board adopt a resol ution authorizing staff to record the recei pt of Irrevocabl e Offers of Dedi cati on whil e maki ng cl ear that thi s staff action does not constitute acceptance. RECOMMENDATION: Adopt an ordinance specifying the use of Irrevocable Offers of Dedication to create easement rights for publ ic sewers; adopt a resol ution authorizing staff to record Irrevocable Offers of Dedication. 13028-9/85 ORDINANCE NO. AN ORDINANCE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ADDING CHAPTER 9.24 TO THE DISTRICT CODE The Board of Directors of the Central Contra Costa Sani- tary District does hereby ordain as follows: CHAPTER 9.24 ACCEPTANCE OF INTERESTS IN REAL PROPERTY CHAPTER 9.24 is hereby enacted and added to the District Code to read as follows: Section 9.24.010 Irrevocable Offers of Dedication. Requirement of Acceptance. A. When a subdivision map for an area partially or completely within the District's boundaries, or for an area which is intended to be annexed to the District pursuant to the development of that SUbdivision, is sub- mitted to any local public agency for approval pursuant to the Subdivision Map Act (California Government Code Section 66410 et seg.), the dedication of an easement or other interests in real property for sewer purposes on the map shall be deemed to be an irrevocable offer of dedication operating in favor of the District. B. Prior to District approval of sewer plans, in- cluding sewers proposed to be within easements not pres- ently owned by the District and not included within a subdivision map which has been submitted to a local pUb- lic agency for approval pursuant to the Subdivision Map - 1 - Act (California Government Code Section 66410 et seg.), the party seeking approval of the sewer plans shall be required to satisfactorily demonstrate current ownership of the servient tenement over arid across which the pro- posed sewer easements included on the plans will run, and properly executed irrevocable offer(s) of dedication to the District from said owner(s) for any such easement(s) necessary for the sewer lines contained in the proposed plan. C. An irrevocable offer of dedication of an ease- ment or other interests in real property for sewer purpos- es, including all Subdivision Map Act dedications, shall be accepted by the District only by resolution of the Board. No offer of dedication to the District of any interests in real property is accepted unless or until accepted by resolution of the Board. Receipt and recorda- tion by the District of the irrevocable offer of dedica- tion instrument shall not constitute acceptance of the irrevocable offer of dedication and shall operate as a rejection of said offer of dedication unless and until a resolution of acceptance is adopted by the Board. No District staff member, employee or agent is authorized to accept a dedication on behalf of the District. D. The Board may, by resolution, grant authority to District Staff to receive offers of dedication for record- ing. To the extent the Board grants such authorization, District staff may receive such offers for recording wi thout further Board action, but the recording of the - 2 - offer of dedication does not constitute acceptance of the offer of dedication. Acceptance of an offer of dedica- tion only will occur if it meets the terms and conditions of section 9.24.010, subsection C, herein. section 9.24.020 Notwithstanding the rights and prerogatives granted under this Chapter, the District reserves to itself the power to acquire grants of easements for sewer purposes when, in its discretion, it determines that it is advis- able to do so. Said grants of easement shall not be accepted by the District until accepted by formal resolu- tion of the Board. This Ordinance shall be an ordinance and general regula- tion of the District and shall be published once in the Con- tra Costa Times, a newspaper of general circulation, pub- lished and circulated within the Central Contra Costa Sani- tary District and shall be effective upon the expiration of the week of publication. PASSED AND ADOPTED by the District Board of the Central Contra Costa Sanitary District this ____ day of 19 ,by the following vote: AY:;:S: NOES: ABSENT: Members: Members: Members: - 3 - COUNTERSIGNED: Approved as to Form: President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California KENTON L. ALM District Counsel , - .. - . Centra~ ~ontra Costa Sanitar) Jistrict BOARD OF DIRECTORS PAGE 1 OF 4 POSITION PAPER BOARD MEETING OF Januar 25, 1990 NO. IV. HEARINGS 2 SUBJECT DATE CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON iHE DRAFT 1990 TEN-YEAR CAPITAL IMPROVEMENT PLAN (CIP); APPROVE "THE DRAFT CIP J anuar 17, 1990 TYPE OF ACTION CON DU CT PUB LI C HEARING. APPROVE CIP SUBMITTED BY John J. Mercurio Administrative Analyst INITIA TING DEPT.lDIV Engineering Department/ Planning Division ISSUE: The Board of Directors has established the date of January 25,1990, to conduct a publ1c hearing to receive comments on the draft 1990 Ten-Year Capital Improvement Plan. BACKGROUND: The draft 1990 Ten-Year Capital Improvement Pl an was submitted to the Board of Directors' Capital Projects Committee for review on December 5, 1989. This document was submitted to the full Board on December 21, 1989, and a Board workshop on the draft Plan was conducted on January 11, 1990. It is appropriate to receive additional comments from the public prior to considering approval of the Plan. The Board of Directors established January 25,1990, as the date for this public hearing, and appropriate notices have been published. The CIP provides the basis for project prioritizing and scheduling and long-range financi al pl anni ng. Approval of the CIP authorizes staff to use the Pl an's project priorities and cash flow assumptions as the framework for fee analysis and for the annual Capital Improvement Budget which will be produced in the spring. The Capital Improvement Budget provides a detailed presentation of the schedul es and cost estimates for proj ects proposed for the fi rst year of the ten-year pl anni ng peri ode The draft 1990 Ten-Year Capital Improvement Pl an descri bes approximately $244 million (1989 dollars) in capital improvement projects to be pursued over the next ten years. These projects are needed to meet goals that have been establ ished for the Trea"bnent Pl ant, Collection System, and General Improvement Programs. A summary of major goals and costs for each program;s presented in Attachments 1, 2, and 3. The CIP has been evaluated by staff and determined to be exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 17.3 since it is a planning study. RECOMMENDATION: Conduct a public hearing and receive comments on the draft 1990 Ten-Year Capital Improvement Plan. Approve the draft Capital Improvement Plan. REVIEWED AND RECOMMENDED FOR BOARD ACTION ~~~ tfffJ .?;::" ROGER J. DOLAN INITIATING DEPT./DIV. 1302A-9/85 JMM JMK RAB Page 2 of 4, ,.. ... 0 0 0 0 0 0 0 0 0 0 0 C\ 0 0 0 0 0 0 co 0 .. .. .. .. .. C\ .. t- o U) 10 0\ r-4 0 01 ~ \0 'O:t -- ~ \0 01 U) 0\ .. .. .. .. .. ~ .. 'O:t co r-4 C't"l a 'O:t N V) \0 r-4 8 ... ... V) LU ~ .... .. t:; ...J ~ t- ~ 0 ~ .. LU ~ .. < :t: 0: X u.. ~ CI) i ~ :ii! V) f2 t- ! < < .... ~ Z LU i u.. 0 ~ 0: ~ ~ Cl)V) 0 z f2 ~ LU I LU C3 t- ~ >~ ~ 0:: aJ c! CI) LU 0::.... df3 .... ~ z >- ~ i~ g f2 (,!' .... 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LIJ >-LLJ ~ tt~ @s 00 :J:ffi ...J CI) < LLJHen 0:: ~ ~C! ...J (/) LLJ:Z:~ Cl.. < ~ 0 LLJ (/)LLJl= ~ 0 (!:l c <0:: g: ..... ~~ffi H 0:: t; ~ 8 < .-I LLJ LLJ 0:: ~<~ >- 8 Q.. < :J: c:: ~ Cl.. . . . . en ~ i z ~ LLJ ffi ~ c:: ..... a ~ LLJ ..... c:: Z >- ~ I c:: (/) ~ 8 (/) < -l -l :E ~ < ::> e<l 0 ~ c (!:l LLJ C c:: ~ ~ c:: 0 I- :::> Cl.. :e LLJ c (/) LLJ LLJ LLJ :E: :E c:: 0:: . Centra ':ontra Costa Sanitar) Jistrict BOARD OF DIRECTORS PAGE 1 OF 1 POSITION PAPER BOARD MEETING OF January 25, 1990 NO. V. CONSENT CALENDAR 4 ADVISE lHE BOARD OF CLOSEOUT OF lHE GAS a-tROMATOGRAPH/MASS SPECTROMETER SYSTEM, DISTRICT PROJ ECT NO. 10041 DATE January 18, 1990 TYPE OF ACTION SUBJECT INFORMATIONAL SUBMITTED BY Bhupinder S. Dhal iwal Laboratory Superintendent INITIATING DEPT.lDIV. Plant Operations Department ISSUE: All work has been completed on the purchase, installation, and startup of the Gas Chromatograph/Mass Spectrometer (GC/MS) System, District Project No. 10041. BACKGROUND: The Regional Water Qual ity Control Board requi res the District to monitor 112 organic compounds, which are designated as priority pollutants in the treatment plant's influent, effluent, sludge, and ash. Additionally, the District monitors these same priority pollutants on septage waste and industrial sources to check compl i ance with its own Industri al Source Control Ordi nance. These priority pollutants are monitored in very low concentrations, i.e. parts per billion (ppb), under such programs. The monitoring of these organic pollutants in such low concentrations requires a GC/MS system. In January 1988 the District Board of Directors approved the purchase and installation of the GC/MS System, District Project No. 10041. On June 16, 1988, the Board of Directors accepted the bid of $233,235 from Kratos Analytical. The total project budget of $311,000 included the costs for electrical and ventilation modifications to the laboratory, installation, startup services, and Laboratory staff training. Kratos Analytical delivered the equipment in October 1988, and the installation was completed in March 1989. The Di stri ct has compl eted the startup of the equi pment, and the equi pment is performing satisfactorily. The total completed project cost is $306,080 resulting in a return of $4,920 to the General Improvements Program. RECOMMENDATION: This matter is presented as information to the Board of Di rectors. No action is requi red. tAJVj RECOMMENDED FOR BOARD ACTION 1302A-9/85 . Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 18 POSITION PAPER BOARD MEETING OF January 25, 1990 NO. V. CONSENT CALENDAR 5 SUBJECT SET A RJBLIC HEARING TO BE CONDUCTED ON FEBRUARY 15, 1990, TO CONSIDER REQUESTS FOR A MID-YEAR REFUSE COLLECTION RATE ADJ USTMENT BY V ALLEY WASTE MANPGEMENT, ORINDA-MORPGA DISPOSAL SERV ICE, INC., AND PLEASANT HILL BAY SHORE DISPOSAL DATE January 18, 1990 TYPE OF ACTION SET RJBLIC HEARING SUBMITTED BY INITIATING DEPT IDIV Walter Funasaki, Finance Officer Administrative/Finance & Accounting ISSUE: The Board of Directors must set a public hearing to consider requests for a mid-year refuse collection rate acUustment by Valley Waste Management, Orinda-Moraga Disposal Service, Inc., and Pleasant Hill Bay Shore Disposal. BACKGROUND: Requests have been received from the three refuse collection firms for a mid-year review to increase their collection rates based solely on increases in disposal fees. These requests are appended to this Position Paper as Attachment I - Valley Waste Management, Attachment II - Orinda-Moraga Disposal Service and Attachment III - Pleasant Hill Bay Shore Disposal. Valley Waste Management -- This refuse collector uses the Acme landfill for all of its collected refuse. The request for a mid-year review is based on an increase in the Acme landfill disposal fee of $47 per ton to a $52 per ton transfer station fee effective December 15, 1989, and the assessment of closure costs in May 1990. Orinda-Moraga Disposal Service -- This refuse collector uses the Acme landfill for resi denti al refuse and the West Contra Costa Sani tary Landfi 11 in Ri chmond for commercial and drop box refuse. The request for a mid-year review is based on an increase of Acme landfill disposal fee from of $47 per ton to a $52 per ton transfer station fee effective December 15, 1989 and the assessment of closure costs; the Richmond disposal fee was increased from $31.20 per ton to $35 per ton effecti ve November 1, 1989, and further increased to $36.81 per ton effective January 1, 1990. Pleasant Hill Bay Shore Disposal -- This refuse collector uses the GBF landfill (Contra Costa Sanitary Landfill) for all of its collected refuse. The request for a mid-year review is based on an increase in the GBF landfill disposal fee of $38 per ton to $45 per ton effective December 15, 1989. In establishing the refuse collection rates effective July 1, 1989, the existing di sposal fees were used because of the uncertai nty regardi ng the future Acme transfer station fee. The Board, therefore, provided for a subsequent acUustment to collection rates during the July 1, 1989 through June 30, 1990 rate period when the transfer stati on fee were known, and the resul ti ng forecasted di sposal expense differed significantly from the disposal expense on which the July 1, 1989 collection rates were based. REVIEWED AND RECOMMENDED FOR BOARD ACTION SUBJECT SET A PUBLIC HEARING TO BE CONIlJCTED ON FEBRUARY 15, 1990, TO CONSIDER REQUESTS FOR A MID-YEAR REFUSE COLLECTION RATE AOJ USTMENT BY V ALLEY WASTE MANPGEMENT, ORINDA-tIORPGA DISPOSAL SERV ICE, INC., AND PLEASANT HILL BAY SHORE DISPOSAL POSITION PAPER PAGE DATE 2 OF 18 J anuarv 18, 1990 District staff will prepare an analysis of each of the requests for a mid-year review and determine the change in collection rates required based solely on the increase in landfill disposal and transfer station fees. It is necessary to set the date of the publ ic hearing to consider the request for increases to collection rates at the January 25, 1990 Board Meeting to meet the requirements for public notice. RECOMtENDATION: Set a publ i c heari ng to be conducted on February 15, 1990 to consider requests for a mid-year refuse collection rate adjustment by Valley Waste Management, Ori nda-Moraga Di sposa 1 Serv ice, Inc., and Pl easant Hi 11 Bay Shore Disposal based solely on an increase in disposal expenses. SSS/Pos. Paper #3/Mid-Yr Adj 13028-9/85 ATTACHMENT I Valley Waste Management P.O. Box 4007 2658 N. Main Street Walnut Creek, California 94596 415/935-8900 ~ ~ A Waste Management Company January 16, 1990 Honorable Susan Rainey, President and Members of the Board of Directors Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 Dear Members: On March 31, 1989 our company requested a rate increase, pursuant to the terms of our agreement with the Central Contra Costa Sanitary District ("CCCSD"), in the amount of 70.64 percent. The most significant reason for the request was the projected cost of landfill tipping fees in the amount of $89.00 per ton. During the review of our company's rate request, Price Waterhouse found it was difficult to project when the Acme transfer station would open, and what the costs of transfer, disposal, and closure would be. With this in mind, Price Waterhouse and the CCCSD staff jointly recommended to the Board that our company be allowed to recover disposal costs at the current rate of $47.00 per ton. When the actual costs of the Acme transfer, disposal, and closure were known, Valley would be allowed to return with an interim rate request for relief of those costs. The Board approved these recommendations at the board meeting of July 20, 1989. Effective December 18, 1989, Acme Fill Corporation notified Valley Waste Management of an increase in their gate fee to $52.22 per ton for transfer and disposal (V.3-1). In addition, the Touche Ross review of Acme closure costs determined an annual assessment to Valley Waste Management's service area of the CCCSD, effective December 18 1989, in the amount of $431,400 (V.4-1). Sara Hoffman, the County Solid Waste Manager, has confirmed to our company that when the "Memorandum of Understanding" (MOU) is finalized, the County will request payment in full of the Acme closure assessment retroactive to December 18, 1989. a division of SAWDCO Cl Honorable Susan Rainey, President and Members of the Board of Directors January 16, 1990 Page 2 Therefore, Valley Waste Management is requesting an increase of 16.89 percent to recover increased transfer and disposal costs of $215,000, and the Acme closure assessment of $233,000 from December 18, 1989 through June 30, 1990. These costs are projected to be recovered over the three-month period of April 1 through June 30, 1990 (V.1-1). That will raise the single can rate from $15.75 per month to $18.40 (V.6-1). Attached to this letter are various supporting documentation. Should you or your staff have additional questions, we will be pleased to be of assistance. Very truly yours, James E. Landa Controller -=r~lvt Jerome M. Kruszka Acting General Manager sl Enclosures INDEX Item Title Tab Page 1. Rate Increase Required Based on Transfer, Disposal, and Closure Costs Effective December 18, 1989 1-1 2. Adjusted Disposal Expense @ $47.00 per Ton From CCCSD Position Paper dated July 3, 1989 2-1 3. Acme Fill Rate Change Notice 3-1 4. Touche Ross Analysis of Closure and Post-Closure Cost Collection 4-1 5. Revenue Projection by Customer Type 5-1 6. Schedule of Current and Proposed Rates 6-1, 6-1. 1 V. 1-1 VALLEY WASTE MANAGEMENT -CENTRAL CONTRA COSTA SANITARY DISTRICT- RATE INCREASE REQUIRED BASED ON TRANSFER, DISPOSAL, AND CLOSURE COSTS EFFECTIVE DECEMBER 18, 1990 (000) Annual disposal expense projected for the fiscal period 7/01/89 thru 6/30/90 . $52.22 per ton ((3,564/47.00)*52.22)) 3,960 Annual disposal expense projected for the fiscal period 7/01/89 thru 6/30/90 . $47.00 per ton (V. 2-1) 3,564 Annual increased cost of disposal 396 6.5/12 Increase in disposal cost 12/18/89 thru 6/30/90 215 Annual Acme closure assessment (V. 4-1) 431 6.5/12 Acme closure assessment 12/18/89 thru 6/30/90 233 Total revenue increase required 448 --------- --------- Projected annual revenue fiscal period 7/01/89 thru 6/30/90 (V. 5-1) 10,608 3/12 Projected revenue April thru June 1990 2,652 --------- --------- 16.89% --------- --------- V. 2-1 VALLEY WASTE MANAGEMENT AL TERNATE RATE ADJUSTMENT ANALYSIS DISPOSAL EXPENSES BASED ON $47/TON (000 Omitted. Unless Otherwise Noted) Pass-Through Acme Landff1l Disposal Expense Without Profit Margin Forecasted Unadjusted Revenues for the Fiscal Year Ending June 30, 1990 S 8.700 Forecasted Operating Expenses for the Fiscal Year Ending June 30, 1990 Deduct: Acme Landfill Disposal Expense 10.078 <A><3.564> I 6.514 Forecasted Operating Expenses Adjusted for Acme Landfill Disposal Expense Forecasted Revenue Required to Produce 94 Percent Operating Ratio Add: Forecasted Franchise Fee Acme Landfill Disposal Expense 6.930 85 <A> 3.564 casted Revenues Adjusted for Forecasted Franchise Fee and Acme Landfill Disposal Expense 10.579 Increase in Forecasted Revenues Required 1.879 Jercent Increase in Forecasted Revenues Required 21.601 Attachment I Per District Analysis 8,700 10,078 10,721 85 10,806 2,106 24.20% Current Effect of Alternate Rate Adjustment on Rates Representative Collection Rates: Residential - Single Can $ 12.95 S15.75 $16.10 Commercial - Single Can $ 14.75 S17 . 95 $18.30 20-Yard Drop Box $192.95 S234.65 $239.65 SS/Rate Setting 1988-89/VWM Alt Rate j:- .=~'~ J :1:" i..-J: 'I :\_-:' I L 1-,'" ~ r'-.-- :-. :-, r, V. 3-1 1 '" 1lCHU?/ dJdl, ~ DIRECTORS Bart Bisio Clark COlvis " PRESIDENT Boyd M. Olney, Jr. SECRETARY-TREASURER George Navone Deccr::ber 18, 1989 ~ Mr. Jerry Kruszka Valley Waste Management 2658 N. Main Street Walnut Creek, CA 94596 Dear Mr. Kruszka: ** Effective 12:01 am December 19, 1989 Acme Fill Corporation's gate fee will be $52.22 per ton. We wish to thank you for your continued patronage. Very truly yours, 73~fm~O' Boyd M. Olney, Jr. cc: Mr. Gino Scopesi Mr. Tom Blackman SMO/ph ** Effective date states December 19, 1989. However, Acme billed Valley from December 18, 1989. ..... ~:II a~=~ ~ II 0"- ....._"0 -c....,..... ::) II tit ::c..,1I ::C::)II <0: (I) .... (I) o U .., '" ::) (I) o ..... U . .... (I) o 0.. ci :z < .., '" ::) (I) o ..... U w .... (I) ~ (I) a o '" < N < :&: .., ..... u"" ~: <::) CIllO N"II_ 0.... - ~g;:~ U,II wo" ....._11 ..... . II 8:3= 0- II .... = . II ~~II'" ~~ ::~ ~UJ:I 0 CX~..... ::)::)11-0 (1)(1)11 g g ::;; uu :: o w .... < x .... 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'oJ V. 5-1 V~LLEY W~STE M~NAGEMENT -CENTRAL CONTRA COSTA SANITARY DISTRICT- REVENUE PROJECTION BY CUSTOMER TYPE FISCAL PERIOD ENDING 06/30/89 (000) (000) Annual Projected Revenue Rate Annual 6/30/89 Increase Revenue Percentage 6/30/90 --------- ---------- --------- Residential 5,500 21.6% 6,688 Commercial 2,200 22.5% 2,695 Rolloff 1,000 22.5% 1,225 --------- --------- Totals 8,700 10,608 --------- --------- --------- --------- VALLBY WASTB MANAGEMENT CONTRA COSTA COUNTY SANITARY DISTRICT FRANCHISE ZONES 2, 4 AND 5 SCHEDUL~ OF C~RENT AND ~ROPOSED RATES V. 6-1 Current Rates (Effective 7/1/89) Proposed Rates (Effective 4/1/90) ReQular Service: 1 32-gallon can weekly* Each additional can weekly Each additional can -- non-regular $15.75 7.40 per pick-u 3.85 $18.40 $8.65 $4.50 1 can weekly - Special service (hilly) areas Zone 2 Zone 4 Zone 5 19.10 15.75 19.10 22.35 18.40 22.35 Multi-Apartment Service: Each apartment weekly Each additional can weekly Each additional can -- non-regular per pick-u 13.05 8.80 4.85 15.25 10.30 5.65 Commercial Service: One can weekly Each additional can weekly Each additional can -- non-regular per pick-u 18.05 7.10 4.55 21.10 8.30 5.30 1 Cubic Yard: 1 time per week 68.00 79.50 2 times per week 116.20 135.85 3 times per week 164.45 192.25 4 times per week 212.65 248.55 5 times per week 258.65 302.35 2 Cubic Yards: 1 time per week 116.20 135.85 2 times per week 212.65 248.55 3 times per week 309.05 361.25 4 times per week 405.60 474.10 5 times per week 502.00 586.80 3 Cubic Yards: 1 time per week 160.35 187.45 2 times per week 308.10 360.15 3 times per week 463.60 541.90 4 times per week 618.20 722.60 5 times per week 762.80 891.65 * Includes two 32-gallon cans of garden trimmings per week and three refuse clean-ups per year. These rates exclude curbside recycling. VALLEY WASTE MANAGEMENT CONTRA COSTA COUNTY SANITARY DISTRICT FRANCHISE ZONES 2, 4 AND 5 SCHEDULE OF CURRENT AND PROPOSED RATES V. 6-1.1 Current Proposed Rates Rates (Effective (Effective 7/1/89) 4/1/90) --------- --------- 4 Cubic Yards: 1 time per week 212.65 248.55 2 times per week 404.90 473.30 3 times per week 578.65 676.40 4 times per week 752.15 879.20 5 times per week 926.35 1,082.80 6 Cubic Yards: 1 time per week 303.10 354.30 2 times per week 606.15 708.55 3 times per week 888.95 1,039.10 4 times per week 1,181.90 1,381.50 5 times per week 1,474.90 1,724.00 Compacted Refuse Service~_ Per Cubic Yard 23.65 27.65 Drop Box Service: 7 Cubic Yards (dir t & rocks) 236.25 276.15 20 Cubic Yards 236.25 276.15 30 Cubic Yards 354.35 414.20 40 Cubic Yards 472.75 552.60 These rates exclude curbside recycling. 01/04/90 15:02 tt9441112 LITTLE & SAPUTO iii 002 ATTACHMENT II LITTLE & SAPUTO 'ti'rBR T. SAPUTO OlSI!LLB A. JURICANJN XnN D. LITTLE A7TOANfrn AI' LA W ~OO 'YONACIO VALLBY ROAD, SUITE 380 WALNUT CkHSK, CA 94596 January 4, 1990 (415) V4",SOOO 'AC.sIIl'I.~ (415) 944.1112 VIA FACSIMILE Sue McNulty Rainey, President Board of Directors Contra costa Central Sanitary District 5019 Imhoff Place Martinez, CA 94553 Re: Rate Review Caused By Increase In Tipping Fee. orinda-Moraga Dispoaal Service, Inc. Dear President Rainey: On behalf of Orinda-Moraqa Disposal Service, Inc. ('IOrinda- Moragall) we submit this request for a mid-year review seeking an increase 1n rates due solely to an increase in disposal rates charged. Orinda-Moraga disposes of its collected refuse at both the Richmond and the Acme Fill dumpsites. Both sitea have recently increased the tipping tees, Each disposal site has also added extra charges to the base tipping fee. The tipping fee at Acme is currently $52.22 per ton which rate was effective as of December 15, 1989. We have been advi.ed by County staff that they expect to .SS.8S the closure costs retroactive to December 15, 1989. That a8sessment should occur approximately March 15, depending on all of the agreements being timely prepared and executed. The Board might wish to consider ~ some mechanism to cover that eventuality. The Richmond disposal charge waa increa8ed to $35 per ton ::- effective NOVember 1, 1989 (up trom a previous rate of $31.20). As of January 1, 1990, the following additional charges were added to the base tipping fee: a. 9S~ per ton for the Contra Costa County Public Works Department; b. 36C per ton for environmental health, c. sac per ton to cover the State mandated A8939 chargas. The total disposal charge as ot January 1, 1990, at the Richmond s1~e i. $36.81. . 01/04/90 15:02 V94.l .2 LITTLE Be SAPUTC' lil 003 Sue McNulty Rainey, President Board of Directors Contra Costa Central Sanitary D1atrict January 4, 1990 Page 2 Becaus. Orinda-Moraqa diaposes of ita refuse at two difterent landfill aites, calculating the new tipping fees is a little more complicated. The residential refuse is disposed of at A~e, while the compactor, commercial and box refuse 1s disposed of at Richmond. Set forth below then is a recalculation of the torecasted tipping tees: Incra...d Diapossl Costs - ~ovember and December~ 1989 $ 919,320 45,500 92,400 290.50(2 $1,347,720 This total must then be adjusted tor the tifteen (15) days at the increaaed rate at Acme for December, 1989. (Residential) (Compactor) (Commeroial) (Box) 19,560 x $47.00/ton - 1,300 x 35.00/ton- 2,640 x 35.00/ton E 8,300 x 35.00/ton = (No chanqe) 19,560 X $52.22 - $1,021,423 These figures, plus those above, are on an annual basis and need to be adjusted for a monthly basis and in the case of the Acme charges, for the one-half (\) monthly basis. Increased ni_pasal Costs Commencing J.nua~y 1. 1990 $1,021,423 47,853 97,178 305.52;1 $1,471,977 These figures (which are annualized) should be adjusted to reflect that they would only be in effect for the next six (6) months. (Reaidential) (compactor) (Commercial) (Box) 19,560 x $52.22/ton - 1,300 x 36.81/ton. 2,640 x 36.81/ton- 8,300 x 36.81/ton c ~ ;::; The increase in the rate requested should be calculated usinq the new torecasted dump fees derived above. Presumably, this would simply be a peroentage increase applied uniformly across all rates. in accordance with the Board's latest announcement of policy. . Please schedule this item on the next available Board agenda. In any event, please notity this firm and/or Orinda-Xoraqa when we might expect this item to be heard. V~'V~'~V ~~.vv .. ~..4 4 460t ..." "...,..., VI hlna """V "WII Y'y .. Sue McNulty Rainey, President Board of Director. Con~ra Cos~a Central Sanitary Di.trict January 4, 1990 Page 3 Thank you again tor your cooperation and kind consideration in this mat1:er. Very truly yours, LITTLE &: SAPUTO XDL/Dlk CC: Orinda-Moraqa Disposal Service, Inc. Walter Funasaki :::- LITTLE & SAPUTO ATTORNEYS AT LAW PETER T. SAPUTO GISELLE A. JURKANIN KEN D. LITTLE 500 YGNACIO VALLEY ROAD, SUITE 380 WALNUT CREEK, CA 94596 (415) 944-5000 FACSIMILE: (415) 944-1112 January 11, 1990 VIA FACSIMILE AND REGULAR MAIL Susan McNulty Rainey, President Board of Directors Contra Costa Central Sanitary District 5019 Imhoff Place Martinez, CA 94553 ~3~\C~u\vf~lC) JAN 1~ 1990 CCCSO ."r.'~l"l.!,T~"Y (')'" T\-I~ ~.,.-_._- Re: Rate Review Caused By Increase In Tipping Fees Pleasant Hill Bay Shore Disposal Dear President Rainey: On behalf of Pleasant Hill Bay Shore Disposal ("PHBD"), we request a midyear review of rates due to yet another increase in tipping fees. GBF Landfill has just increased its disposal rates. The increase in tipping fees was effective December 15, 1989. The tipping fee at the GBF Landfill which was $22.50 in July, 1988 and was subsequently raised in November, 1988 to $25, and again in March, 1989 to $30, and again August 1, 1989, to $38 per ton, and is now raisd effective December 15, 1989, to $45 per ton. This represents an 18.4% increase in tipping fees since the approval of the new rates. It represents an increase in tipping fees of 80% in one year. A copy of the letter notifying PIIBD of the increase is enclosed. Based on the foregoing circumstances, PHBD has no alternative but to seek to have the rates for collection and disposal adjusted to reflect the new cost. PHBD hereby a{>plies for changes in rates based upon these ci r.cumstances. In its most recent application, PHBD showed total tipping fees forecasted to be $180,313. Set forth below is a recalculation of forecasted tipping fees: Old Dump Fee Per Ton New Dump Fee Per Ton Percentage Increase $38 $45 18.4% Total Dump Fees In Application Percentage Increase New Forecasted Dump Fees ($180,313 x 1.184%) $180,313 18.4% $213,491 Susan McNulty Rainey, President Board of Directors Contra Costa Central sanitary District January 11, 1990 Page 2 The increase in rate required should be calculated using the new forecasted dump fees of $213,491. Presumably this will simply be a percentage increase applied uniformly across all rates in accordance with the Board's latest announcement of policy. Please schedule this item on the next available Board agenda. Please notify this firm and/or PHBD when it might expect this item to be heard. Thank you again for your cooperation and kind consideration in this matter. Very truly yours, LITTLE & SAPUTO KDL/mk enclosure cc: Pleasant Hill Bay Shore Disposal Walter Funasaki (w/enc.) ~~ {/ ;.; .........., --- Contra Costa Sanitary Landfill P.O. BOX 5397 CONCORD. CALIFORNIA 94520 (415) 682.9073 December 8, 1989 Pleasant Hill Bay Shore Disposal Service P. O. Box 23164 Pleasant Hill, CA 94523 ATTN: Boyd Olney, Jr. RE . . Disposal Fees Dear Mr. Olney, Effective December 15, 1989 disposal rates will be increased at the Contra Costa Sanitary Landfill, in Antioch to $45.00 per ton. Should you have any questions regarding this matter, please phone our office. Sincerely, -~ sil Garaventa, Sr. President SGS:br cc: Concord Disposal SerJice Pittsburg Disposal Service Delta Debris Box Service Oakley Disposal Service Brentwood Disposal Service cJk'v~1J ~ VA1- IfP7 l 0<:.../ - l,e.L p. ~ -:)D-L f Ptd- . Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 3 POSITION PAPER BOARD MEETING OF January 25, 1990 NO. VI. SOLI 0 WASTE 1 SUBJECT DATE January 22, 1990 ADOPT A RESOlUTION APPROVING lHE SUBMISSION OF A PROPOSAL UNDER lHE CALIFORNIA BEVERlGE roNTAINER RECYC-ING MD LITTER REOOCTION ACT TYPE OF ACTION ADOPT RESOlUTION SUBMITTED BY Harriette Heibel, Public Inf. Coord. INITIATING DEPT /DIV Administrative/Personnel ISSUE: A formal acti on of th e Boa rd of Di rectors is req ui red s upporti ng th e submission of a proposal to the California Department of Conservation, Division of Recycl i ng, for grant funds under the Ca 1 Horni a Beverage Contai ner Recycl i ng and Litter Reduction Act. BAa(GROOND: The District has previously applied for and received grant funds from the California Department of Conservation, Division of Recycling, for implemention of litter abatement and recycling activities. In 1989, the District was awarded a total of $54,774.15 for two recycling projects: 1) $47,930.47 for curbside recycling containers, and 2) $6,843.68 for promotional materials. In the Ori nda/Moraga areas, the refuser coll ector, Ori nda-Moraga Di sposal, woul d like to expand the current curbside recycling program to include multi-residential units, the commercial sector, and St. Mary's College. In order to undertake this expandsion, Orinda-Moraga Disposal requires another recycling truck. At this time, Orinda-Moraga Disposal lacks the funds to purchase such a vehicle. Since applicants for grants are encouraged to submit projects which include expansion of established curbsi de recycl i ng programs, Di stri ct staff bel i eves it woul d be worthwhil e to submit a proposal to the Division of Recycling for the purchase of another recycling truck for Orinda-Moraga Disposal. If secured, the grant funds would offset the bulk of the costs associated with expanding a curbside recycling program to the commerci al and mul ti-resi denti al sectors, thereby reduci ng the future cost to ratepayers. RECOMMENDATION: Adopt the attached resolution approving the submission of a proposal under the California Beverage Container Recycling and Litter Reduction Act. INITIATING DEPT/DIV. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-9/85 HH PM RESCl.UnON NO. ro RESQUTION OF "THE CENlRPL CONlRA roSTA SANITARY DISlRICT BOARD OF DIRECTORS APPROV ING lltE SUBMISS ION OF A PROPORAL UNDER lltE CAL IFORN IA , BEVERNJE CONTAINER RECYQ ING AND LITTER REOOCTION N:r WHEREAS, the Legisl ature of the State of Cal iforni a has enacted the Cal ifornia Beverage Container Recycl ing and Litter Reduction Act which provides funds to certain entities for 1 itter abatement and recycl ing activities; and WHEREAS, the Division of Recycl ing has been delegated the responsibility for the administration of the program, setting up necessary procedures governing the submission of proposals by various organizations and local agencies under the program; and WHEREAS, said procedures establ ished by the Division of Recycl ing req ui re the proposer to certify by resol uti on local approval of the proposal prior to submission of said proposal to the state; N()/ "THEREFORE, BE IT RES<X...VED that the Board of Directors of the Central Contra Costa Sanitary District: 1. Approves the submission of a proposal for funding under the Div i s i on of Recycl i ng' s Litter Abatement and Recycl i ng Activities Contracts Program; and 2. Fully supports all projects within said proposal; and 3. Certifies that the proposed projects do not replace previous District budgeted projects; and 4. Authorizes the Deputy General Manager as agent of the Central Contra Costa Sanitary District to conduct all negotiations, execute and submit all documents incl uding but not 1 imited to proposals, contract agreements, amendments and payment requests, which may be necessary for the completion of the aforementioned program. PASSED AND ADOPTED this 25th day of January, 1900, by the District Board of the Central Contra Costa Sanitary District by the foll CN ing vote: AYES: Members: NOES: Members: None MSENT: Members: President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Secretary of the Central Contra Costa Sanitary District,County of Contra Costa, State of California Approved as to Form: Kenton Al m, District Counsel . Centra~ ~ontra Costa SanitarY...Iistrict BOARD OF DIRECTORS PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF Januar 25 1990 NO. VII. EtlGINEERING 1 SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH THE COUNTY SANITATION DISTRICT NO. 2 OF LOS ANGELES COUNTY FOR ADMINISTRATION OF THE AIR TOXICS POOLED EMISSION ESTIMATING PLAN DATE Januar 18 1990 TYPE OF ACTION AUTHORIZE AGREEMENT SUBMITTED BY David R. Williams Engineering Division Manager INITIATING DEPT./DIV. Engineering Department Engineering Division ISSUE: Authori zat i on by the Board of Di rectors is requ i red for the General Manager-Chief Engineer to execute a Joint Powers Agreement (JPA) with another public agency. BACKGROUND: The Air Toxics "Hot Spots" Information and Assessment Act of 1987, enacted by the California legislature, became effective July 1, 1988. The act requires facilities meeting certain statutory criteria to prepare and submit comprehensive air emission inventory plans and reports once every two years. The California Air Resources Board (CARB) has published regulations required by the Air Toxics "Hot Spots" Act. Under these regulations, affected facilities must submit an air toxic emission inventory plan to their local air quality management district or air pollution control district. The plans outline how toxic air emissions from the facility will be estimated. An air toxics emission inventory report for each of these facilities must then be submitted to the air district approximately ten months later. The report discloses the quantities of toxic emissions from each facility. Approximately 50 publicly-owned treatment works (POTWs) will be affected during the first two years of this program. The regulations require that for POTWs the gaseous emissions from three specific unit processes (headworks, chlorinator discharges, and incinerators) must be directly source tested as part of the emission inventory process. For quantifying all other gaseous emissions, the regulation allows either direct source testing or any acceptable emission estimation method. A typical POTW may have many unit processes whose air emissions consist of high volume air flow rates released from large uncovered tanks. These emissions often contain air pollutants at very low concentrations. In many cases, the concentration of the air pollutants are near the detection limits when employing state-of-the-art sampling and analytical procedures. Direct source testing is therefore not always feasible nor cost effective for inventorying these types of emissions. Emission estimating procedures are therefore more suitable for many POTWs. Unfortunately emission estimation factors for POTW unit processes are not well developed. INITIV&;IV. f)f!W ECOMMENDED FOR BOARD ACTION 1302A-9/85 DRW RAB KLA SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH THE COUNTY SANITATION DISTRICT NO. 2 OF LOS ANGELES COUNTY FOR ADMINISTRATION OF THE AIR TOXICS POOLED EMISSION ESTIMATING PLAN POSITION PAPER PAGE 2 OF 2 QATE January 18, 1990 Accordingly, a Pooled Emission Estimating Plan (PEEP) Program has been developed by a large number of California agencies operating POTWs. The purpose of the PEEP Program is to provide participating agencies with estimates of their releases of air toxics from typical unit treatment processes found at most POTWs. Specifically, this program is being prepared in accordance with the provisions set forth by the CARB. The program will involve approximately 470 field tests which will require the analysis of approximately 1,400 liquid samples (wastewater or sludge) along with the analytical analysis of approximately 2,000 gas samples. As a result of the testing and analysis, emission factors will be developed which can be used to estimate emissions from specific unit processes commonly found at most POTWs. County Sanitation District No.2 of Los Angeles County (CSD No.2) has volunteered to be the administrative agency for the PEEP Program. CSD No. 2 wi 11 admi ni ster the funds for the program and enter into contracts with consultants for performance of the required work. After revi ewi ng the proposed PEEP Program, staff feels that it woul d be beneficial for the District to participate in the program. Individual POTW costs for participation in the PEEP Program is based on the number of unit processes at the POTW and the flow through each unit process. Central San's participation in the program requires the District to enter into a JPA with CSD No.2. Cost to the District is estimated to be approximately $30,000 to $50,000 but would be limited to a maximum expenditure of $75,000. Staff estimates that it would cost approximately $500,000 if the District chose to develop the emission factors independent of the PEEP Program. The District's total cost for compliance with AB 2588 during the first two years of the act is estimated to be between $250,000 and $300,000. This includes not only the cost for the PEEP Program but also the cost for development of the emission inventory plan, specific source testing not covered by the PEEP Program, plus preparation of the emission inventory report to be submitted to the Bay Area Air Quality Management District. Funding for compliance with AB 2588 was not budgeted for FY 1989-90, and thus the Plant's Technical Services budget will be used to pay for AB 2588-related work. The Board of Directors has been apprised of AB 2588 via past GM-CE reports. Staff is aware that the use of a JPA-type of agreement is not mandatory, and that a more standard contract form would suffice. However, staff has been assured by Counsel that the District does not incur greater liability by use of the JPA format, .and this format is generally favored by the other participants in the program. Therefore, staff feels a JPA is the appropriate instrument to use for this work. RECOMMENDATION: Authorize the General Manager-Chief Engineer to execute a Joint Powers Agreement with the County Sanitation District No.2 of Los Angeles County for the purpose of complying with AB 2588 Air Toxic "Hot Spots" Information and Assessment Act of 1987. 13028-9/85 . Centra~ ':ontra Costa Sanitarv Jistrict BOARD OF DIRECTORS PAGE 1 OF 1 POSITION PAPER BOARD MEETING OF NO. SUBJECT VII 1. COLLECTION SYS. 1 DATE .AJJTHORIZE $16,200 FROM THE GENERAL IMPROVHENT PROGRAM CONTINGENCY ACCOUNT FOR THE RJRa-tASE OF SIX (6) RESCUE/WORKER SUPPORT UNITS Authorize Funds To Replace Deficient Safety Equipment SUf3MITTED BY Yvonne Brown Operations Support Supervisor INITIATING DEPT./DIV. Coll ecti on ISSUE: Board authorization is required to purchase equipment items which exceed the delegated authority limit of $2,000. BACKGROUND: Rescue/Worker Support Units, consisting of a tripod and a winch, are used on a weekly basi s by CSOD, POD, and Source Control personnel to lower workers into manholes, tanks, and other Confined Spaces. The six units currently in use, most of which were purchased over five years ago, were the only ones on the market at that time. The Rescue/Worker Support Units are specifically required to be used for Confined Space entries both under District Safety Directives and State Law. The Rescue/Worker Support Units currently in use have recently come under question due to their involvanent in a series of injury accidents that occurred in Southern California. Testing by an independent engineering laboratory has shown that they do not meet current Underw riter's Laboratory Standards nor Cal OSHA req ui ranents for lifting or supporting personnel. Specifically, they do not anploy a wire rope, the method of attachment of the rope to the winch drum does not prevent fraying and subsequent loss of strength, and their rate of descent can exceed the allowable rate of 35 feet per minute. The existing units cannot be economically modified to comply with the appl icabl e requi rements. All six Rescue/Worker Support Units are recommended for repl acement at this time because of the continuing work under Confined Space conditions and the known safety deficiencies in the existing equipment. This authorization would increase the amount of the 1989/90 Equipment Budget by $16,200. There are adequate funds available in the General Improvanent Program Contingency Account to cover this authorization. RErotlENDATION: Authorize $16,200 from the General Improvanent Program Conti ngency Account for the purchase of six (6) Rescue/Worker Support Unit. 1302A-9/85 YB cJ~/ JL ECOMMENDED FOR BOARD ACTION RJIB INITIATING DEPT./DIV. 'b PI1i