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HomeMy WebLinkAboutBOARD MINUTES 09-21-00 168 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON SEPTEMBER 21, 2000 " The District Board of the Central Contra Costa Sanitary District convened in a regular session at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on September 21, 2000. President Lucey called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Nejedly, Hockett, Boneysteele, Lucey ABSENT: Members: Menesini Member Menesini had advised that he would be late for this meeting and requested that the meeting begin without him. Member Menesini entered the meeting at the hour of 2:27 p.m. Noting the presence of the Pollution Prevention Award rec!pients in the audience, President Lucey departed from the order of the agenda, proceeding to Item 3., Awards and Commendations. 3. AWARDS AND COMMENDATIONS a. PRESENT 2000 POLLUTION PREVENTION AWARDS TO SYSTRON DONNER INERTIAL DIVISION. AEROTEST OPERATIONS. CALIFORNIA DEPARTMENT OF TRANSPORTATION (1-680 LANDSCAPING PROJECT - WALNUT CREEK). TOYOTA OF WALNUT CREEK. AND QUALITY CYLINDER HEADS Mr. Charles W. Batts, General Manager, stated that this is the ninth annual District Pollution Prevention Awards presentation. The award winners were selected by a Board Committee of Members Menesini and Nejedly, based on nominations from the Green Business Program, District Inspectors, and public input. These are businesses that have shown by their actions a true commitment to the principles of pollution prevention and environmental concern. Mr. Batts introduced Mr. Bart Brandenburg, Pollution Prevention Program Administrator, who stated that these are businesses that made outstanding efforts to protect the environment and minimize pollutants going into the environment. President Lucey stated that all such businesses make the_District's job much easier. The tolerances in the discharge requirements for the District are very small and are constantly being reduced even further. B',:' minimizing the amount of pollutants coming into the District, the District's job is made much easier. Mr. Brandenburg stated that Aerotest Operations in San Ramon worked with Kodak to develop a cadmium free film, they have a telephone hot line for employees to report pollution prevention problems, and they have changed their process from methanol baths to water baths. President Lucey presented the 2000 Pollution Prevention.A Nard to Ms. Sandra Warren, .Manager of Quality Assurance, and Mr. Ray Tsukimura, President of Aerotest Oper~tions in San Ramon. Mr. Brandenburg stated that the California Department of Transportation (CaITrans) worked with the Master Gardeners on landscaping for the I 680 Project in the Walnu~ Creek area. CalTrans is also taking steps to reduce pesticide use by 50 percent this year and by 80 percent in the year 2012. Mr. Brandenburg introduced the Master Gardeners Ms. Alice Schofield and the other Master Gardeners present. President Lucey presented the 2000 Pollution Prevention Award to Ms. Judith Crawford, Mr. Larry McPeak, and Mr. Walter Rowan of CalTrans. 09 21 00 169 Mr. Brandenburg stated that Quality Cylinder Heads eliminated the use of cleaners and lubricants containing chlorinated solvents, they use refillable containers, and they installed a water-based parts cleaning system. Quality Cylinder Heads has .been recognized as a Green Business. President Lucey presented the 2000 Pollution Prevention Award to Mr. Roberto Gonzalez and Mrs. Martha Gonzalez, owners of Quality Cylinder Heads in Pacheco, and Mr. Tony Chavez, an employee of Quality Cylinder Heads. Mr. Brandenburg stated that Systron Donner Inertial Division is the first second-time Pollution Prevention Award winner, primarily because they have done so much recently to reduce their waste discharge from 16 pounds in 1994 to 0.7 pounds this year. President Lucey presented the 2000 Pollution Prevention Award to Mr. Tom Gwizdak, Environmental Compliance Coordinator of Systron Donner Inertial Division in Concord. Mr. Brandenburg stated that Toyota Walnut Creek has also eliminated the use of cleaners and lubricants containing chlorinated solvents, they have installed a water-based parts cleaning system, they recycle all waste fluids, and they train their employees twice a year on pollution prevention. President Lucey presented the 2000 Pollution Prevention Award to Messrs. Kirk Korenko and Rick Dougherty, of Toyota Walnut Creek. Mr. Brandenburg stated that Honorable Mention Awards are being presented to businesses that have also done a good job in preventing pollution. President Lucey presented the 2000 Honorable Mention Pollution Prevention Awards to Mr. Jeff Skinner of City of Pleasant Hill Corporation Yard, Messrs. John Fuller and Richard Hutchinson of RyNck Tire and Auto Center in Concord, Mr. Bill Humphrey of Niello Infinity of Concord, and Ms. Cynthia Lawrence of Lawrence Volvo in Walnut Creek. Mr. Brandenburg stated that Dr. Scott Pope, a dentist in Walnut Creek, was not able to be present today but also will receive an Honorable Mention Award. Member Nejedly, stated that he and Member Menesini, the Committee that reviewed the Pollution Prevention Award nominations, felt that it did not just come down to one business in the community that was making a difference with regard to pollution prevention. It is everyone doing a good job together that makes a difference. Your efforts mean something to the District and to the others in the community. Everyone of you stepped up and did what was right to help keep the environment clean. President Lucey stated that the Master Gardeners have done so much for years educating the public on pesticide reduction and good gardening techniques. All of the efforts of the Master Gardener volunteers are appreciated. President Lucey declared a recess at the hour of 2:20 p.m., reconvening at the hour of 2:23 p.m., with all parties present as previously designated. At this time, President Lucey reverted to the order of the agenda. a. INTRODUCE NEW EMPLOYEE . ANGEL J. fA. J,) SILVA. ENGINEERING ASSISTANT II Mr. Angel J. (A. J.) Silva, Engineering Assistant II, was introduced and welcomed to the District by President Lucey and the Board of Directors. 2. PUBLIC COMMENTS Mr. Terry Shoaff, of Diablo Valley College, addressed the Board requesting support for the Contra Costa Community College District Facilities Bond Measure, Measure K. Mr. Shoaff distributed information on Measure K for the Board's information. Member Menesini entered the meeting at the hour of 2:27 p.m. In the discussion that followed, individual Board Members expressed their support. At Member Boneysteele's suggestion, Presid.ent Lucey requested that Item 7.a.4) relating to this subject be taken about of order. 09 21 00 170 7. REPORTS a. GENERAL MANAGER 4) Mr. Batts, General Manager, referred to the information distributed with the Board agenda and stated that the District has been asked by the Contra Costa Community College District to support this bond measure for facilities improvements. The District has a strong working relationship with Diablo Valley College (DVC). DVC provides a substantial element of the District's in-house training program and DVC is one of the District's recycled water customers. Mr. Batts stated that although the District may not be able to adopt a resolution on an election issue, there are other ways the Board can show support. Mr. Batts stated that he is working with District Counsel to draft a document for Board consideration at the next Board Meeting. Mr. Kenton lo Aim, Counsel for the District, stated that while looking at other totally unrelated campaign issues, this subject came up. Mr. Aim briefly described the issue and stated that while it may not be appropriate for the Board to adopt a resolution, the Board may approve a proclamation. Following discussion, it was moved by Member Menesini and seconded by President Lucey, that a proclamation favoring Contra Costa Community College District Facilities Bond Measure, Measure K, be approved. There being no objection, the motion was unanimously approved. At this time, President Lucey reverted to the order of the agenda. 4. CONSENT CALENDAR It was moved by Member Menesini and seconded by Member Nejedly, that the Consent Calendar, consisting of Item a., be approved as recommended. a. October 19, 2000 at 2:00 p.m. was set as the date and time for holding a public hearing to establish reimbursement fees for the Alhambra Way Contractual Assessment District (CAD) No. 98-1. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Nejedly, Hockett, Boneysteele, Lucey None None 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Item 3., Awards and Commendations, arid Item 7.a.4) General Manager's Report, were taken out of order earlier in the agenda to accommodate interested persons in the audience. 6. BIDS AND AWARDS a. AUTHORIZE AWARD OF A CONTRACT TO HSQ FOR CONSTRUCTION OF A FURNACE TOTAL HYDROCARBONS MONITORING SYSTEM Mr. Batts, General Manager, stated that this is an important aspect of District incinerator comp'liance with recent Environmental Protection Agency (EPA) regulations. Mr. Batts introduced Mr. Randy Schmidt, Senior Engineer, who stated that the Total Hydrocarbons (THC) Monitoring System measures the concentration of unburned hydrocarbons in furnace exhaust as required by the U.S. EPA 503 regulations. Mr. Schmidt briefly revieWed the regulatory history that requires THC monitor installation by September 2000. The District Furnace THC Monitoring System Project was advertised in June 2000, and 09 21 00 171 bids were opened August 29, 2000. There was one bid by HSQ Technology at $196,500. Mr. Schmidt reviewed the estimated. projects costs, noting that the estimated cost of design is $70,000 and the estimated co~t of construction is $283,000 for a total estimated project cost of $353,000. Following discussion of self implementation of the EPA 503 regulatory process and the detector technology, it was moved by Member Boneysteele and seconded by Member Hockett, that award of a construction contract in the amount of $ 196,500 for the construction of the Furnace Total Hydrocarbons Monitoring System, DP 7195, be authorized to HSQ Technology, the lowest responsible bidder. There being no objection, the motion was unanimously approved. a. 7. REPORTS GENERAL MANAGER 1 ) Mr. Batts, General Manager, introduced Ms. Harriette Heibel, Community Affairs Manager, who reviewed the draft Pipeline Newsletter previously distributed to the Board. Ms. Heibel indicated that the draft newsletter reflects input from the Board received at a previous Board Meeting. Ms. Heibel stated that she would welcome any further input. It is planned that the newsletter be finalized during the next few days, printed next week, and mailed in October. Member Menesini stated that on upcoming construction projects it would seem appropriate to indicate the District's philosophy in terms of the public care and indicate the fact that we have cooperated with the cities in "- coordinating with their paving projects and other constraints. Staff indicated that would be done as a lead in to the construction project articles. Further Board input included adding something to indicate that the District tries to minimize intrusion as much as possible, and indicate the costs of these projects to let residents know the District is investing their tax dollars in their communities. The Board commended staff on the work that went into the draft newsletter. 2) Mr. Batts, General Manager, stated that the Board has received several presentations on the progress of the storm damage repair projects. By their nature, these projects are difficult. They are on private property, require unique designs, involve easement issues, occasionally necessitate dealing with difficult homeowners, require multiple agency permits, finding contractors, and managing construction and community relations. The District currently has several storm damage repair projects underway. Mr. Batts introduced Mr. Alex Rozul, Associate Engineer and the resident engineer for these sites, who provided an update. Mr. Rozul displaying a map showing the locations of the storm damage repair projects and photos of the work at each site. . The repair at the St. Mary's Road site involves a pier wall with a retaining wall on top which requires drilling I beams about 30 feet into the ground. Concrete is then used to fill in the remaining space and to form a wall under the ground. . At the Lost Valley Drive, Orinda location, bad soils will be removed and an engineered soil buttress wilt be constructed in place. Mr. Rozul noted that several trees have been removed and construction is proceeding on this repair. When completed, the project will replace landscaping and plant new trees. 09 21 O() 172 7) Oy . The repair work at Carmel Court in Walnut Creek was done by the property owner. The District reimbursed $90,000 toward the cost of the repair. The District had entered into an agreement with the property owner to fund' 50 percent of the cost of the work. The repair involved construction of a gabion basket wall above the creek bank. . A slide showing the major construction on the Quail Ridge, Lafayette repair was shown. The repair is being done by the prope~y owners. . The Hartz Avenue storm damage repair project is going out to bid soon. A new sewer line will be located further from the San Ramon Creek to replace the threatened 30-inch sewer line that has a severe dip. The new sewer line will go under an existing building. A pier wall will also be constructed along the back side of the structure to protect against possible future movement. Member Menesini asked about the estimated costs of these repairs. Mr. Rozul indicated that he would provide the costs for the District projects. President Lucey thanked Mr. Rozul for the informative report. 3) Mr. Batts, General Manager, distributed the list of outside organizations to which the District belongs as requested by the Board at a previous Board Meeting. The majority of these organizations are professional or business related, and several are organizations that tie the District to the community we serve. 4) The request for Board support for the Contra Costa Community College District Facilities Bond Measure was taken out of order earlier in the agenda. 5) Mr. Batts, General Manager, announced that District employees will be attending Water Works 2000, a training conference in Sacramento in September. The conference is sponsored by the American Water Works Association and the California Water Environment Association. One of the District Collection System Operations (CSO) crews will be conducting an Effective Overflow Response training session. Plant Maintenance Superintendent Wayne Miner will be part of a panel discussion of Operations/Maintenance Communication. Plant Process Control Engineer Randy Grieb will be presenting a paper and Director of Plant bperations Jim Kelly will take part in a workshop on Improving Your Utility's Results with Performance Measurement. Safety and Risk Management Specialist Kim Greer will be giving a presentation on Measuring Safety Performance. 6) Mr. Batts, General Manager, announced that Safety and Risk Manager David Clovis will be making a presentation on Risk Management to the National Recreation and Park Association (NRPA) in San Diego on October 3, 2000. All travel costs will be paid by NRPA. Mr. Batts, General Manager, stated that no new Contractual Assessment Districts (CAD's) have been initiated at the Board's request until a review of the initial three year program is completed and funding issues addressed for future Capital Improvement Budgets. As the Board will note from today's agenda, there are still follow up actions on CAD's that have been approved in concept by the Board and are in various stages of the process. The last two approved CAD's require public hearings. The Board previously set a public hearing on October 19, 2000 for Via Cerrada CAD, with an estimated cost of $60,000 and involving three participants; and the Laurenita Way CAD, with an estimated cost of $165,000 and involving eleven participants, is at the point' in the process where it would be appropriate for the Board to set a public hearing. If the Board has no objection, a position paper setting a public hearing for November 2, 2000, 21 00 b. 173 will be calendared for Board consideration. Both the Via Cerrada CAD and the Laurenita Way CAD are at th'e second of the three formal steps in the process where the project is approved and the required District funds are authorized. 8) Mr. Batts, General Manager, stated' tha~ the Board is aware that the District is now ready to accept credit card transactions at both the Permit Counter and the Household Hazardous Waste Collection Facility. On Tuesday, the first credit card transaction occurred qt the Permit Counter. The customer was pleased to be able to use a credi~ card since he did .not have cash or a check with him. . COUNSEL FOR THE DISTRICT 1 ) Mr. Kenton lo Aim, Counsel for the District, provided an update on issues relating to litigation against Mr. Doug Lomow, the former owner of Orinda Moraga Disposal Service. Mr. Aim reported that filings have been made in the courts in the U.S. and Canada where the Receiver has placed liens on the properties that have been identified. Title to all real property in Idaho and Oregon has been received, and all of the personal property such as garbage trucks and trailers which were seized in British Columbia and Idaho have been sold. Approximately $520,000 remains after delinquent taxes and other appropriate payments were made. Two additional pieces of propertY will be sold now that good title has been received. When all property has been sold, there could be as much as $1.25 million for distribution to the citizens. The attorney for the Receiver will be filing papers which would allow $40,000 to be paid to the District for as yet unpaid expenses, to pay the Teamsters Union and some Orinda Moraga Disposal Service employees who are owed back wages and benefits, and to authorize the Receiver to liquidate the rest of the assets and provide the Court with some method for return of the money to the citizens served by Orinda Moraga Disposal Service. 2) Mr. Aim, Counsel for the District, announced that information on campaign law was provided to District staff and has been mailed to the Board Members for their information. 3) Mr. Aim, Counsel for the District, stated that in October 1998 there was a fire in one of the PDC cabinets that runs a section of the Ultraviolet (UV) disinfection system. Through discussion between the District and the manufacturer, it appears that this incident was caused at least in part because of an incompatibility between the custom-made ballasts and the transformers. The company has now been bought out and UV is not the focus of the core business of the entity the District is now dealing with. At this point, the company has helped try to solve the problems and verbally agreed to help change out the components, but it has not yet been done. The company has been requested to enter into a tolling agreement with the District so it is not necessary to sue them since they have verbally agreed to make the modifications. Mr. Aim stated that if the company does not sign the tolling agreement, this matter will ~e brought back to the Board for authorization to file a lawsuit. A status report will be provided to the Board at the October 5, 2000 Board Meeting. 4) Mr. Aim, Counsel for the District, announced that the agreement with Contra Costa Country Club relating to recycled water has been executed. 5) Mr. Aim, Counsel for the District, announced that if the Board has no objection, he would plan to attend the Association of Metropolitan Sewerage Agencies/American Water Works Association (AMSA/AWWA) Attorneys' Conference in Phoenix, Arizona on November 10 and 11, 2000. Adequate funds were budgeted in the District's Operations and Maintenance Budget for this purpose. Mr. Aim stated that when he attended this conference in 09 00 21 174 previous years, he found the information it to be first rate. Following a brief discussion, it was agreed that Mr. Aim should attend the AMSA/AWWA Attorneys' Conference. c. SECRETARY OF THE DISTRICT None d. BOARD MEMBERS 1 ) Member Menesini expressed his appreciation to Mr. Bart Brandenburg, Pollution Prevention Program Administrator, who helped kick off Pollution Prevention Week by speaking on Pollution Prevention through Regulation and Education at the September 18, 2000 Environmental Alliance Discussion Series. Member Menesini stated that upcoming Environmental Alliance discussion series topics include Deregulation of Electric Power Rates and the Environmental Protection Agency's Proposed Rule on CMOM (Capacity, Management, Operations, and Maintenance). 2) . Member Menesini reported on the September 19, 2000 Bay Planning Coalition San Francisco Bay Decisionsmakers Conference. Topics of discussion included the San Francisco International Airport runway reconfiguration, the San Francisco Bay ferry system expansion, the Montezuma Wetlands restoration, and the environmental science of confinement of underwater sediments. Following discussion of what happens to the treated effluent discharged through the District outfall, it was agreed that a presentation will be made at a future Board Meeting on the Antidegradation Analysis being conducted as part of the District's , National Pollutant Discharge Elimination System (NPDES) permit application. BREAK At 4:05 p.m., President Lucey declared a recess, reconvening at the hour of 4: 18 p.m. with all parties present as previously designated. 8. ADMINISTRATIVE a. APPROVE TEN-YEAR LEASE AGREEMENT WITH COUNTY QUARRY PRODUCTS FOR PARCEL C.2. ASSESSOR'S PARCEL NUMBER 159-140-52 . Mr. Batts, General Manager, stated that based on direction received from the Board, negotiations with County Quarry Products have been successfully completed. The position paper before the Board outlines the key components of the proposed lease of approximately seven acres of District property known as the Kiewit property. It was moved by Member Nejedly and seconded by Member Menesini, that in accordance with Health and Safety Code Section 651 4(e), the Board of Directors finds that the property will be used fC?r a compatible use, that the lease will be of public benefit, and that the term of the lease will not exceed ten years; that a ten-year lease be approved with County Quarry Products commencing January 1, 2001 for Parcel C.2, Assessor's Parcel Number 159-140-52 (the Kiewit property); and that staff be authorized to sign the . necessary documents. There being no objection, the motion was unanimously approved. 9. HUMAN RESOURCES a. ADOPT MEMORANDUM OF UNDERSTANDING WITH THE MANAGEMENT GROUP. EFFECTIVE SEPTEMBER 18. 2000 THROUGH APRIL 17. 2003 Mr. Batts, General Manager, stated that negotiations between the District's Management Group and the Board have resulted in the Memoranda of Understanding before the Board. Board adoption of the Memoranda of Understanding is required at this time. 09 21 00 175 It was moved by Member Ho,ckett and seconded by Member Menesini, that the Memorandum of Understanding between the District and the Central Contra Costa Sanitary District Management Group, covering all positions designated as Management, be adopted effective September 18, 2000 through April 17, 2003. There being no objection, the motion was unanimously approved. President Lucey thanked Secretary of the District Joyce Murphy for her assistance in these negotiations. Ms. Murphy recognized the Management Group representatives, stating that agreement was reached in a professional and cooperative manner. b. ADOPT MEMORANDUM OF UNDERSTANDING WITH THE INCUMBENT DIRECTOR OF ADMINISTRATION. EFFECTIVE SEPTEMBER 18. 2000 THROUGH APRIL 17. 2OOJ It was moved by Member Hockett and seconded by Member Menesini, that the Memorandum of Understanding between the District and Paul Morsen,. the incumbent Director of Administration, be adopted effective September 18, 2000 through April 17, 2003. There being no objection, the motion was unanimously approved. 10. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED SEPTEMBER 21. 2000 Member Boneysteele, member of the Budget and Finance Committee, stated that in the unavoidable absence of Member Menesini he reviewed the expenditures and found them to be satisfactory. It was moved by Member Boneysteele and seconded by Member Menesini, that the Expenditure List, dated September 21, 2000, including Self Insurance Check Nos. 101646- 101650, Running Expense Check Nos. 127385- 127637, Sewer Construction Check Nos. 22588-22632, Payroll Manual Check Nos. 48704-48719, and Payroll Regular Check Nos. 53233-53292, be approved as recommended. There being no objection, the motion was unanimously approved. 11. BUDGET AND FINANCE a. RECEIVE JULY 2000 FINANCIAL STATEMENTS Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance for the month of July 2000, noting that expenditures were $867,000 less than budget, representing a 26 percent favorable variance. Revenues for the month of July 2000 of $1,549,000 were right on budget.' . Ms. Ratcliff reported that the District's temporary investments were held in Treasury bills and Treasury notes and the District's Local Agency Investment Fund (LAIF) account with interest rates ranging from 4.95 percent to 6.78 percent. The latest interest rate as of June 2000 was 6.78 percent. The average yield of the District's LAIF account through June 2000 was 6.35 percent. President Lucey declared that the July 2000 Financial Statements were duly received. 12. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 13. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Updates on the status of the Ultraviolet (UV) equipment supplier issues and the Antidegradation Analysis were requested. 09 21 00 176 14. CLOSED SESSION a. EXISTING LITIGATION The closed session was held to discuss existing litigation pursuant to Government Code Section 54956.9(a). The title of the litigation to be discussed is Central Contra Costa Sanitary District v. City of San Ramon, Contra Costa County Superior Court Case No. COO-02560. b. SIGNIFICANT EXPOSURE TO LITIGATION This closed session was not held. At 4:25 p.m., President Lucey declared the closed session to discuss existing litigation pursuant to Government Code Section 54956.9(a) as noted above. At 4:57 p.m., President Lucey concluded the closed session and reconvened the meeting into open session. 15. REPORT OF DISCUSSIONS IN CLOSED SESSION No decisions were made or votes taken in closed session which require reporting at this time. 16. ADJOURNMENT There being no further business to come before the Board, President Lucey adjourned the meeting at the hour of 4:57 p.m. r4~~~rectors. Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Se r a~ of the Central ont Costa Sa . ary District, County of Contra Costa, State of California 09 21 00