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HomeMy WebLinkAboutBOARD MINUTES 08-05-99 126 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON AUGUST 5, 1999 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 August 5, 1999. President Lucey called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Nejedly, Menesini, Hockett, Boneysteele, Lucey ABSENT: Members: None a. INTRODUCE NEW EMPLOYEES . Twila Mullenix, Department Administrative Support Technician, Administrative . Marie Ylagan, Administrative Support Technician, Administrative Department . Ernesto Rodriguez, Source Control Inspector I (Clean Water Program), Engineering Department Ms. Twila Mullenix, Administrative Support Technician, Ms. Marie Ylagan, Administrative Support Technician, and Mr. Ernesto Rodriguez, Source Control Inspector I, were introduced by their supervisors and welcomed to the District by President Lucey and the Board of Directors. 2. PUBLIC COMMENTS None 3. CONSENT CALENDAR It was moved by Member Hockett and seconded by Member Boneysteele, that the Consent Calendar, consisting of Items a. and b., be approved as recommended. a. A public notice was authorized, advertising that documentation used in the determination of the appropriations limit shall be available fifteen days prior to the Board Meeting to be held on September 2, 1999, at which the appropriations limit for the Sewer Construction Fund for the fiscal year of 1999-2000 will be established. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Boneysteele, Nejedly, Menesini, Lu,ey None None b. The attendance of Messrs. John Mercurio and Russell Leavitt was authorized at a seminar entitled Principles of Land Acquisition to be held August 30 through September 2, 1999 in Martinez at a cost of $1,700. Motion unanimously approved on the following vote: 08 05 99 None a. 127 AYES: Members: Hockett, Boneysteele, Nejedly, Menesini, Lucey NOES: Members: None ABSENT: Members: None 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER 5. REPORTS GENERAL MANAGER 1 ) Mr. Charles W. Batts, General Manager, stated that mercury has been and remains a concern for both environmental and human health reasons. Mercury was identified as a pollutant of concern in the 1994 Metals Study that considered the origins of various metals in the District's effluent. Mercury is the first pollutant to be subject to Total Maximum Daily Load (TMDL) limits from the Regional Water Quality Control Board. At a national level, mercury has sparked controversy with regard to what the limit should be. District staff proposed that mercury be included in the District's Pollution Prevention Program. Mr. Batts introduced Dr. Gail Chesler, Associate Engineer, who provided an overview of the current regulatory status of mercury. Dr. Chesler stated that the human health concern is a serious issue. Mercury causes damage to the nervous system and liver. Mercury is bioaccumulative. Dr. Chesler highlighted the sources of mercury in the San Francisco Bay based on a study by the Regional Water Quality Control Board. The major sources are the Sacramento and San Joaquin Rivers (gold and mercury mining) at 34 percent, deep sediment at 28 percent, and urban run-off at 28 percent. Industry and Publicly Owned Treatment Works (POTWs) each contribute only 1 percent of the total. Dr. Chesler noted that there are continuing changes and improvements in technology for measuring mercury. The District wants to protect the beneficial uses of the Bay and focus on the mercury issue. The Regional Board is now doing TMDL limits. Dischargers believe that the non-point source contributors must become involved since they are major sources of pollutants. Dr. Chesler stated that the Regional Board has been of the opinion that pollution prevention is the solution. In some cases that is correct, but in some cases it is not. The District's National Pollutant Discharge Elimination System (NPDES) permit limit for mercury is 210 parts per trillion. The limit for mercury in more recent NPDES permits is 25 parts per trillion. Dr. Chesler introduced Mr. Bart Brandenburg, Pollution Prevention Program Superintendent, who outlined a program to focus on the mercury issue. Mr. Brandenburg stated that on a daily basis, the District's influent contains 2.6 ounces or 70 grams of mercury. Every ounce of mercury that comes into the Plant leaves the Plant, 85 percent goes into the air and 15 percent goes into the water and is subject to the very low permit standard described earlier. Mr. Brandenburg stated that in the 1994 Metals Study referenced earlier, the sources of mercury into the District sewer system were broken down as follows: 60% Dental offices 1 % Permitted industries 2% Drinking water 5 % Thermometers 13 % Human waste 19% Other residential 08 05 99 128 Mr. Brandenburg proposed that the District implement a Mercury Thermometer Exchange Program based on the successful program implemented by the Palo Alto Regional Water Qaulity Control Plant. Mr. Brandenburg stated that this program is recommended because it meshes with regulatory direction, it raises water Quality awareness, it is the cheapest alternative, it is relatively easy and quick to implement, and it has been shown to be successful at Palo Alto. District customers could exchange mercury thermometers for non-mercury thermometers at the Household Hazardous Waste Collection Facility. Public outreach for the District's program could include a fact sheet, Pipeline Newsletter article, District web page, flyers, and outreach to other local agencies and cities. Program kick off is planned for Pollution Prevention Week, September 20 through 26, 1999. Member Hockett suggested that staff contact thermometer manufacturers to pursue a partnership which might decrease the cost to the District in exchange for some marketing for the manufacturers. Mr. Brandenburg indicated that he would explore that possibility. Mr. Brandenburg reviewed the estimated cost of the proposed program, including $4,000 for thermometers, $500 for mercury disposal, and $3,000 for public outreach for a total of $8,000 for the first year. Mr. Brandenburg noted that funds are available in the Pollution Prevention Program budget. Discussion followed with regard to the State Task Forces' extensive consideration of mercury, working with the Dental Association with regard to educating the dental community and conversion of dental chairs for mercury removal, and implementation of the Mercury Thermometer Exchange Program as one component of the District's overall effort to address the mercury issue. 2) Mr. Batts, General Manager, stated that the Martinez Transmission Sewer Project was previously discussed with the Board. This week the District will be advertising for the second phase of the project which will replace segments of gravity sewer totaling approximately 250 feet and several structures. The engineer's estimate for this work is approximately $520,000. Mr. Batts introduced Mr. William E. Brennan, Capital Projects Division Manager, who stated that the Martinez Transmission Sewer Project consists of three phases. Phase I involves chemical treatment of portions of the line at an estimated cost of $220,000. Bids have been received and the Board of Directors has authorized award on Phase I. The field work on Phase I is scheduled to begin next week. Phase" involves pipeline rehabilitation. The estimated cost of Phase II is $520,000. Mr. Brennan stated that Phase II includes replacement of 250 feet of pipeline, 18 manholes, and four structures. The portion of the sewer on the Martinez Refining property is in soil heavily contaminated with petroleum products. After consideration, it was felt that it was best to have Martinez Refining do the portion of the work on its property. That is being discussed with them now. The final phase of the project will be designed between September 1 999 and next spring. Phase '" involves replacement of 2,000 to 2,500 feet of the M4A force main. The work will be done next summer. The estimated cost of the Phase III work is $1.2 million. The total estimated project cost for all three phases including planning is $2 million. Mr. Brennan introduced Mr. Ba Than, Associate Engineer, who described some of the problems encountered. The Martinez Transmission Sewer has been in operation for 30 years. Existing concrete is corroded, blisters were found along the coating, there is peeling of coating, and some sections at the top of the pipe had corroded through. Mr. Than stated that this project 08 05 99 129 will correct existing deficiencies in the Martinez Transmission Sewer and hopefully the line will be in service for another 30 years. 3) Mr. Batts, General Manager, introduced Mr. John A. Larson, Director of Collection System Operations (CSO), who stated that the City of Lafayette has a repavement project scheduled for St. Mary's Road. Work was scheduled to begin August 2, 1999. Just prior to that the City installed a storm drain. At that time, the District line was televised and it was learned that a large piece of pipe wall had collapsed. Mr. Larson stated that this pipe is a 12-inch clay pipe which is approximately 40 years old. There was not sufficient time for a normal replacement project. The City was willing to delay their project for one week. The District had the firm of McGuire & Hester working on another project in the area. They were willing to field a crew for this work. Prior to beginning the work, letters were sent to local residents to advise them that work would be done. McGuire & Hester replaced 560 feet of pipe between Camino Colorado and Driftwood Drive. CSO crews replaced another 130 feet of pipe. Mr. Larson displayed pictures of the inside of the pipe showing that the pipe was cracked and the side was pushed up and inwards. The work was completed by McGuire and Hester on Sunday, August 1, 1999. The work is expected to cost less than $50,000. The CSO crew is just finishing cleaning up. The paving project is going forward. President Lucey stated that he visited the site and was very impressed with the work District crews were doing and the exemplary way in which traffic was being handled. 4) Mr. Batts, General Manager, reported on the presentation on the Lower Orinda Pumping Station Project Negative Declaration made by District Engineering staff to the Orinda City Council on August 3, 1999. Prior to the presentation, Orinda Mayor Laura Abrams and several City Councilmembers thanked the District for our effectiveness and responsiveness during the South Orinda Sewer Improvements Project. Mr. Tad Pilecki, Senior Engineer, then made an excellent presentation on the two project alternatives, to renovate the existing Lower Orinda Pumping Station or to relocate to a new pumping station across San Pablo Creek. The Orinda City Council expressed concerns and asked several questions about the impacts primarily of relocating the pumping station. Four members of the public spoke against the relocation alternative. At the conclusion, the Orinda City Council requested staff to communicate their preference for the renovation option. Mr. Batts stated that several of the speakers indicated they would come to the public hearing on the Negative Declaration tentatively scheduled for September 2, 1999. Detailed information on the project alternatives will be presented at that time. 5) Mr. Batts, General Manager, announced that subject to final Board approval, Ms. Ann Farrell has accepted the position of Director of Engineering. The matter will be scheduled for Board consideration at the next Board Meeting. Ms. Farrell is currently Vice President at Montgomery Watson Engineers. She has worked with the District on several projects. Mr. Jay S. McCoy, the interim Director of Engineering, has been asked and has agreed to stay for an extended transition period. 6) Mr. Batts, General Manager, stated that there have been no recent developments concerning AB 1549 (Torlakson) relating to election of Members of the District Board of Directors. It would appear that the Senate Local Government Committee amendments have been accepted by the parties. Next the bill must be heard by the Appropriations Committee, then voted on the Senate floor, sent to the Assembly for concurrence, and finally sent to the Governor for signature. 08 05 99 130 b. c. d. 08 President Lucey thanked Member Boneysteele and Mr. Batts for their efforts on this bill and recognized Senator Richard Rainey for his assistance. 7) Mr. Batts, General Manager, announced that the District is advertising for bids for the Furnace Air Inlet Improvements Project, DP 7173. The engineer's estimate is $750,000. The work will include new air ports on three hearths, computer control, and emissions monitoring systems. Mr. Batts distributed a diagram of the furnace for the Board's information. 8) Mr. Batts, General Manager, announced that Contra Costa Water District (CCWD) is decommissioning its NAX facility. Central Contra Costa Sanitary District has agreed in principle to reimburse CCWD $5,000 for the existing control room facility in lieu of removal. 9) Mr. Batts, General Manager, announced that the District has received a preliminary inquiry from Martinez Refining Company concerning the use of recycled water in its proposed cogeneration power facility. At present, this is in the conceptual stage and could use 2 to 3 million gallons per day of recycled water. COUNSEL FOR THE DISTRICT 1 ) Mr. Kenton L. Aim, Counsel for the District, stated that as previously reported to the Board, the State of California, Division of Labor, has issued a stipulation to debarment and order against WSB Electric, Inc., the electrical subcontractor to Monterey Mechanical Company on the Ash Handling Improvements Project, DP 7186, relating to multiple prevailing wage violations over a period of time. After August 31, 1999, WSB cannot perform work on any public works project including the District's Ash Handling Improvements Project. This will come back to the Board for a discretionary decision to approve substitution of subcontractor. Monterey Mechanical Company has requested substitution with HGH Electric. HGH Electric has many of the same employees and is taking some or all of the jobs from WSB. The District has done a fair amount of due diligence to determine the legal distinction between WSB and HGH. HGH was formed late in May 1999, with a different principal, different address, and in the legal sense they are separate and distinct legal entities. Mr. Hicks, the principal in HGH, was an employee of WSB for ten years. The District has asked HGH to confirm that Mr. Williams, the principal in WSB, does not have de facto ownership or control of this new company. The District has also talked to the Labor Commissioner regarding HGH and believe they will be looking at the new corporation but they are not taking any action at this point. This matter will come back to the Board at the next Board Meeting for a decision on substitution of subcontractor. SECRETARY OF THE DISTRICT 1 ) Ms. Joyce E. Murphy, Secretary of the District, distributed a Pocket Guide to the Conflict of Interest Laws from the California Special Districts Association. BOARD MEMBERS 1 ) Member Menesini reported on the July 19, 1999 Contra Costa Special District Association meeting which he and General Manager Charles Batts attended. Topics of discussion included the Local Agency Formation Commission (LAFCO) update, Legislative Report, presentation by Senator Richard Rainey on various bills going through the Senate Local Government Committee, and the Mayors' Conference report. Member Menesini noted that discussion of the LAFCO Special District election procedures was put off until October. 05 99 131 2) Member Menesini reported on the recent Friends of the San Francisco Estuary meeting. At that meeting, a group of young people called the Creek Keepers discussed the dangers of eating fish caught in the estuary, as well as testing creek water and reconstructing some of the creeks. A presentation of the work on the San Francisco Airport Project was also made. 3) Member Menesini reported on the Martinez/Alhambra Creek Watershed meeting. Some people are concerned about the possibility of septic tanks at the head of the creek leaking into the watershed. Those on septic tanks claim that the creek is viable and free of pollutants but they are against any kind of measurement of the creek. 4) Member Menesini announced upcoming Environmental Alliance workshop events. The series is held the third Monday of the month at the John Muir Home in Martinez. On August 16, 1999, the discussion will cover molds and the like affecting some new homes; and on September 20, 1999, the session will focus on pollutant trading. 5) Member Hockett distributed notes from the July 22, 1999 Sanitation and Water Agencies of Contra Costa County meeting hosted by Delta Diablo Sanitation District. Member Hockett stated that the tours of the treatment plant and operations center were great, and the presentation on the use of recycled water in local cogeneration plants for production of steam and electric power was very interesting. 6) Member Hockett stated that there was an article in today's newspaper in which she was quoted. Member Hockett indicated that she appeared at the public hearing as an individual and any reference to the District was not intentional. BREAK At 4:03 p.m., President Lucey declared a recess, reconvening at the hour of 4: 14 p.m., with all parties present as previously designated with the exception of Member Hockett who had requested to be excused. a. 6. CORRESPONDENCE NOTE RECEIPT OF LETTER DATED JULY 16. 1999 FROM TALKSICS TOASTMASTERS CLUB #671 8 Mr. Batts, General Manager, stated that the District began sponsoring a Toastmasters Group in 1987 to assist employees in improving presentations at both internal and external District meetings and public hearings. That effort has been very successful and more than 35 District employees have participated. The July 16, 1999 memorandum advises the Board of the Talksics Toastmasters Club recently elected officers. President Lucey and the full Board of Directors commended the Toastmasters organization for its excellent program and the District employees who have taken advantage of that program. a. 7. APPROVAL OF MINUTES MINUTES OF JULY 1. 1999 It was moved by Member Boneysteele and seconded by Member Menesini, that the minutes of July 1, 1999 be approved as presented. There being no objection, the motion was approved with Member Hockett being absent. 08 05 99 132 8. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED AUGUST 5. 1999 Member Boneysteele, Chair of the Budget and Finance Committee, stated that he and President Lucey reviewed the expenditures and found them to be satisfactory. It was moved by Member Boneysteele and seconded by President Lucey, that the Expenditure List dated August 5, 1999, including Self Insurance Check Nos. 101553- 101556, Running Expense Check Nos. 119282-119656, and Sewer Construction Check Nos. 21331-21391, be approved as recommended. There being no objection, the motion was approved with Member Hockett being absent. 9. BUDGET AND FINANCE a. RECEIVE JUNE 1 999 FINANCIAL STATEMENTS Ms. Deborah Ratcliff, Controller, provided an overview of the financial results of District operations for the fiscal year ended June 30, 1999. Ms. Ratcliff stated that these results are preliminary and a more detailed report will be presented to the Board after the completion of the annual audit. Ms. Ratcliff provided a brief report on operations and maintenance revenues, expenses, and reserves for the fiscal year ended June 30, 1999. Actual revenues of $31,016,000 were $152,000 less than budget, representing a 0.5 percent unfavorable variance primarily because the Concord billing was less than projected. Actual expenditures of $32,277,000 were $550,000 less than budget, representing a 1.7 percent favorable variance. Salaries and wages were less than budgeted because of retirements, retirement costs were below budget, and there was a savings in household hazardous waste disposal costs because of implementation of new technology and less participation. These savings were offset by costs associated with repair of the centrifuges, the ultraviolet (UV) disinfection system, and ash system, and technical services for temporary employees for open positions. As a result, reserves will be decreased by $1,261,000, resulting in a fund balance at June 30, 1999 of $6,004,000. A deficit budget was approved for 1998-1999, anticipating that reserves would be drawn down to $5.6 million. Ms. Ratcliff stated again that these results are preliminary, and that she is already aware of expenses of approximately $300,000 not yet booked for the Bollinger Canyon Leach Field. Ms. Ratcliff reported that the Self Insurance Fund actual revenues of $453,000 were $23,000 greater than budget, representing a 5.4 percent favorable variance primarily because of subrogation recoveries relating to Orinda Moraga Disposal Service. Actual expenditures of $525,000 were $463,000 less than budget, representing a 46.8 percent favorable variance. This savings in legal fees and technical services is due somewhat to the mild winter this past year. The Self Insurance Fund balance at June 30, 1999 was $5,296,000. 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 account with interest rates ranging from 4.5 percent to 5.9 percent. The latest interest rate as of May 1999 was 4.6 percent. The average yield of the District's LAIF account through May 1999 was 5.08 percent. Following questions on the variances, Ms. Ratcliff stated that she would provide a written summary sheet of variances with the financials each month. President Lucey declared that the June 30, 1999 Financial Statements were duly received. b. ADOPT A RESOLUTION DIRECTING THAT THE 1999-2000 YEARLY INSTALLMENTS OF ASSESSMENTS FOR CONTRACTUAL ASSESSMENT DISTRICTS BE COLLECTED ON THE COUNTY TAX ROLL Mr. Batts, General Manager, stated that this is the second year that assessments for contractual assessment districts (CAD) will be placed on the County tax roll for collection. 08 05 99 133 These assessments are for the Gary Way CAD, the Leona Court CAD, and the Alhambra Way CAD. It was moved by Member Nejedly and seconded by Member Menesini, that Resolution No. 99-074 be adopted, directing that the 1999-2000 yearly installments of assessments for contractual assessment districts be collected on the County tax roll. Motion approved on the following vote: AYES: Members: Nejedly, Menesini, Boneysteele, Lucey NOES: Members: None ABSENT: Members: Hockett 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 11. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS None 12. ADJOURNMENT There being no further business to come before the Board, President Lucey adjourned the meeting at the hour of 4:28 p.m. Presi ent of the Board of Dire ors, Central Contra Costa Sanitar District, County of Contra Costa, State of California COUNTERSIGNED: 08 05 99