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HomeMy WebLinkAboutBOARD MINUTES 03-19-98 67 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MARCH 19, 1998 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 March 19, 1998. President Nejedly called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Lucey, Menesini, Hockett, Boneysteele, Nejedly ABSENT: Members: None 2. PUBLIC COMMENTS Mr. Brian Quinn, 808 Mt. View Drive, Lafayette, addressed the Board. Mr. Quinn stated that he and three of his neighbors live in homes that are 20 to 35 years old. Mr. Quinn stated that his septic tank is failing and his neighbors are in a similar situation. Environmental Health has reviewed the sites and determined that new septic systems are not possible. The homes are in immediate need of a sewer system. Mr. Quinn stated that he and his neighbors are financially prepared to install the sewer line and want to begin construction as soon as possible. A portion of the line has already been engineered. Mr. Quinn stated that before proceeding he and his neighbors need to know the cost of the project and the cost is dependent on being able to connect to an existing line at the corner of Tanglewood Lane and Mt. View Drive. Tanglewood Lane is a private road and the sewer system, which was installed in 1977, through an error was never dedicated to the District. Easements do exist for the sewer line but not for the official District easement. The sewer easements in Mt. View Drive were dedicated to the public but never officially accepted by the City of Lafayette. Mr. Quinn stated that he has been advised by District staff that connection cannot be made until the easement conflict is resolved. Mr. Quinn stated that the District has been aware of this problem since 1994 but has done nothing to resolve it. Mr. Quinn distributed a map and described the status of surrounding properties. Mr. Quinn asked the following: Why are public funds being used to maintain a private sewer system? How can a private sewer system drain into a public sewer system? Given that the District was first made aware of this situation in 1994, why has nothing been done? Why was Mr. Wiggins, an adjoining property owner, led to believe that the District would take care of this situation in November 1 997, and then told two weeks ago that nothing had been done and nothing may be done? In closing, Mr. Quinn asked that the District accept financial responsibility for its error in 1997; that the District correct the easement and right-of-way problems; that the District resolve all issues as soon as possible using their staff and attorneys; that the affected parties be kept informed of progress and timing; and that the District review and approve the project proposed by Mr. Quinn and his neighbors simultaneously to resolving its problem so that construction can be completed this summer. In the discussion that followed, Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that he talked with Mr. Quinn yesterday and had answered several of his questions. The sewer at the corner of Tanglewood Lane and Mt. View Drive is a public sewer. Whether there are easements for it or not is a legal technicality that could be somewhat costly to deal with. Mr. Dolan stated that there are private sewers that drain into public 03 19 98 68 sewers; however, this is not one of them. Mr. Dolan stated that the issue we are dealing with here is a long-standing policy of the District that when a developer comes in to connect to the District sewer system, they must pay for the costs of the infrastructure. Mr. Merrill, who intended to develop an undeveloped piece of property which would have required the extension of the sewer was informed that he would have to bear the cost of the correction of the easement problem. We now understand that Mr. Merrill has stalled his project. Mr. Dolan only recently became aware there is a public health issue. Now, understanding that the project has changed from a development to a failing septic tank situation, different rules apply. The District will obtain the missing easements. Mr. Jay McCoy, Infrastructure Division Manager, is working with the citizens in Tanglewood to try to obtain easements. In response to questions from the Board, Mr. Quinn stated that he does not have a public health deadline or issue at this time, but he wants to proceed as soon as possible with construction and connection to the sewer system. It was agreed, with Mr. Quinn's concurrence, that this matter will be placed on the next agenda for a report from staff and discussion. 3. AWARDS AND COMMENDATIONS a. RECEIVE 1998 CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY HOUSEHOLD HAZARDOUS WASTE/USED OIL PROGRAM AWARDS - PRESENTED BY SUE SIMS. ASSISTANT DIRECTOR OF DEPARTMENT OF TOXIC SUBSTANCES CONTROL. AND JUDI FRANTZ. ENVIRONMENTAL EDUCATION COORDINATOR . BEST NEW PROGRAM AWARD . PICKLED SKUNK BRAINS AWARD FOR THE MOST UNUSUAL MATERIAL DROPPED OFF AT A HOUSEHOLD HAZARDOUS WASTE FACILITY Ms. Sue Sims, Assistant Director of Department of Toxic Substances Control, introduced Ms. Judi Frantz, Environmental Education Coordinator, and stated that the California Environmental Protection Agency (Cal EPA) established the Household Hazardous Waste/Used Oil Program Awards to recognize the most successful and innovative approaches to safe and proper disposal of household hazardous waste and used oil. Central Contra Costa Sanitary District and its partner, Mt. View Sanitary District, received two awards: the Best New Program Award, and the Pickled Skunk Brains Award. Ms. Sims stated that the Best New Facility Award was presented to the District for its permanent Household Hazardous Waste (HHW) Facility based on the collection service, the public outreach program, and the District's commitment to the community as exhibited by the Integrated Pest Management Garden adjoining the HHW Facility. The Pickled Skunk Brains Award was presented to the District for the most unusual material dropped off at a HHW Facility. The HHW Facility received several containers of World War II Army Rations. This unusual item was deemed to be an interesting artifact with historical significance. Ms. Sims presented the Best New Program Award and the Pickled Skunk Brains Award to Ms. Elaine Jacobs, of Central Contra Costa Sanitary District, and Mr. David Contreras, of Mt. View Sanitary District, and congratulated the Districts on their highly successful HHW Facility. 4. CONSENT CALENDAR It was moved by Member Menesini and seconded by Member Hockett, that the Consent Calendar, consisting of Items a. through d., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution 98-029 accepting work and Offers of Dedication from Bollinger Canyon Partners, Job 5199, Parcel 2, San Ramon Valley Boulevard, San Ramon, was adopted and recording was authorized. Motion unanimously approved on the following vote: ('~ ",.,....\ ~ ¡,.,. J i~'::;.' '~1W (.'} il... 'Q."..p ...:it. ~.ß () (.) I!'~..:¡¡ "";'.'~ -"" ~,~., 69 AYES: Members: Menesini, Hockett, Lucey, Boneysteele, Nejedly NOES: Members: None ABSENT: Members: None b. A Grant of Easement was accepted from Contra Costa Community College District for the Recycled Water Customer Connections Project, Phase 1, DP 71 81, staff was authorized to record said Grant of Easement, and Resolution No. 98-030 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Hockett, Lucey, Boneysteele, Nejedly None None Quitclaim Deeds were approved to UDC Homes, Inc., Job 5259, in the Rossmoor area, the President of the District Board of Directors and the Secretary of the District were authorized to execute and record said Quitclaim Deeds, and Resolution No. 98-031 was adopted to that effect. c. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: d. Menesini, Hockett, Lucey, Boneysteele, Nejedly None None Authorization was given for P.A. 98-4 (Walnut Creek) to be included in a future formal annexation to the District. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Hockett, Lucey, Boneysteele, Nejedly None None 5. HEARINGS CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON PROPOSED AMENDMENTS AND ADDED PROVISIONS WITHIN CHAPTER 6.20 REBATE CHARGES AND CHAPTER 9.12 REBATE SEWAGE FACILITIES OF THE DISTRICT CODE a. Mr. Dolan, General Manager-Chief Engineer, stated that this issue was first raised by Member Boneysteele when dealing with questions that arose on the Leona Court Contractual Assessment District. Members Boneysteele and Hockett met with staff and reviewed the details and approach being proposed at this hearing. Mr. Dolan introduced Mr. Jay S. McCoy, Infrastructure Division Manager, who stated that in recent Board deliberations concerning Contractual Assessment Districts and staff work on financing arrangements for the Dougherty Tunnel and Trunk Sewer a need was identified to establish rebate accounts prior to facilities construction when interim sewer service is provided by a temporary means such as a pumping station. Mr. McCoy stated that two additions to the District Code are proposed, one relating to preconstruction rebates and one relating to special facilities. Mr. McCoy defined a rebate as money collected from connectors to a rebate sewer and paid as a direct pass through to the original installer of 03 19 98 70 the rebate sewer. Depreciation and inflationary components are built into the formula used in calculating the rebate. Mr. Kenton L. Aim, Counsel for the District, stated that the proposed additions to the District Code would be able to accommodate appropriate agreements between the original developer who installed the facility and other property owners. The District Code would not preclude any such agreements. In the discussion that followed, Member Menesini stated that he needed more time to review the information presented because of the complexity of the subject matter. In addition, Member Menesini stated that he feels there are points at which the Board should be involved and that is not clear from the document presented for the Board's consideration. Discussion followed with regard to specific examples of application of the proposed rebate provisions, and the fact that other agencies employ similar rebate procedures. At 2:57 p.m., President Nejedly opened the public hearing to receive comments on proposed revisions to Chapters 6.20, Rebate Charges, and 9.12, Rebate Sewage Facilities, of the District Code. Mr. Edward Shaffer, of the Norris & Norris law firm, addressed the Board on behalf of Shapellindustries. Mr. Shaffer stated that he just learned of this matter this morning and has not had sufficient time to thoroughly review the issue. Mr. Shaffer stated that he is reassured to hear that any private agreements between parties would be honored. Mr. Shaffer stated that is not clear from the ordinance. Mr. Shaffer requested that this matter be continued to allow sufficient time to digest the proposals and to determine if there are other issues that need clarification. Discussion followed with regard to the status of the tentative agreement between Windemere Ranch Partners and Shapell Industries, the fact that the District intends to make a change based on District policy and not developer wishes or a particular project, the Board's position that the District not be involved in any side agreements between developers, and the issue of notice and opportunity to protest before imposition on rebates. Following discussion, President Nejedly continued the public hearing to April 2, 1998, to allow additional time for public input and comments on proposed amendments and added provisions within Chapter 6.20, Rebate Charges, and Chapter 9.12, Rebate Sewage Facilities, to the District Code. 6. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 7. BIDS AND AWARDS a. APPROVE REQUEST FOR RELIEF OF BID BY KAWEAH CONSTRUCTION COMPANY: DENY A BID PROTEST FROM SCHRAM CONSTRUCTION. INC.: AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO KIRKWOOD-BLY. INCH FOR THE LIME INJECTION SYSTEM IMPROVEMENTS PROJECT. DP 7169 Mr. Dolan, General Manager-Chief Engineer, stated that a detailed position paper was presented to the Board explaining the situation with regard to bids received for the Lime Injection System Improvements Project. Staff would recommend that the Board grant the request for relief of bid by Kaweah Construction Company, deny the bid protest from Schram Construction, Inc., and authorize award of bid to Kirkwood-Bly, Inc. It was moved by Member Boneysteele and seconded by Member Menesini, that the request for relief from bid by Kaweah Construction Company be approved and that staff be directed to return Kaweah Construction Company's bid bond. There being no objection, the motion was unanimously approved. 01> ') It) 1 () Lv (J\ c~ tI (e) 71 It was moved by Member Boneysteele and seconded by Member Lucey, that the bid protest of Schram Construction, Inc. be denied. There being no objection, the motion was unanimously approved. It was moved by Member Menesini and seconded by Member Lucey, that award of a construction contract in the amount of $889,937 for construction of the Lime Injection System Improvements Project, DP 7169, be authorized to Kirkwood-Bly, Inc., the lowest responsible bidder. There being no objection, the motion was unanimously approved. a. 8. REPORTS GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that staff has been providing regular reports on the Household Hazardous Waste (HHW) Collection Facility operations. During the last report, staff was asked to provide more supplemental information. Mr. Dolan introduced Mr. William E. Brennan, Plant Engineering Division Manager, who reported that the HHW Facility has been extremely successful. Mr. Brennan reviewed the HHW Facility annual budget of $527,691, the projected year-end expenses of $1,073,001 and indicated that the major expense overrun is projected in the area of hazardous waste disposal. Mr. Brennan stated that this line item includes temporary labor as well as hazardous waste disposal. Salary and wages and mobile collection are also projected to be over budget. Through put for the HHW Facility is high both because the number of cars is greater than anticipated and the amount per car is higher than expected. Through February 1998, the first four months of operation, 4,579 cars have used the HHW Facility. The total number of cars budgeted for the full year was 4,850. Mr. Brennan reported that an audit was conducted by EMCON, the consultants who assisted with design of the HHW Facility. EMCON's best estimate at this time is that through put will pick up during the balance of this fiscal year and there will be more cars as the weather gets warmer and more gardening and cleanups are being done. EM CON believes that the rate of participation has been high because of the good public information program, because this is a relatively affluent area, and because there are a significant number of environmentally conscious people in our service area. Mr. Brennan reviewed statistics showing the average cars per day and per month. Mr. Brennan stated that at this time there appears to be no reason to cut back on the number of days per week or the hours that the HHW Facility is open. The District's partners, Mt. View Sanitary District and the Cities of Concord, Clayton, and San Ramon, have been approached with regard to the increased costs based on greater participation. The Cities of Concord and Clayton are experiencing good participation and have indicated they will budget for the increased costs but requested that ways to save money be investigated. The City of San Ramon is very pleased with the participation and the service, and indicates that the permanent program is less costly to them than the Contra Costa County mobile collection program. Mr. Brennan reported that the San Ramon, Danville, and the Lamorinda areas each requested mobile collection or a temporary event. Those will be held beginning in April with the City of San Ramon. The cost for the mobile collection events is approximately $74,000. These mobile collection events were included in the budget and in the Phillips contract. Mr. Brennan stated that staff is looking at opportunities to save money in the coming fiscal year. The EMCON audit was for that purpose. As part of the Equipment Budget process, purchase of equipment that will pay for itself quickly is being considered. It is anticipated that the participation and O°.~' 0 19 98 72 O. ~=~ " (.:.,;j,' budget for the coming fiscal year will be approximately the same as year end projections for the current fiscal year. Discussion followed with regard to the possibility of residents soliciting household hazardous waste from outside the District service area, and alternatives for optimizing the use of employees versus contract labor. President Nejedly thanked Mr. Brennan for the update. 2) Mr. Dolan, General Manager-Chief Engineer, reported that the District continues to make good progress on the recycled water project in the northern portion of Central County. The Lamorinda Recycled Water Project is on a separate track. Recently the East Bay Municipal Utility District (EBMUD) held an important meeting in conjunction with the Acalanes School District. Mr. Dolan introduced Mr. Jim Coe, Associate Engineer, who reported on the March 9, 1998 workshop. The purpose of the workshop was to provide information on the Lamorinda Recycled Water Project, to receive public concerns and support, and to provide expert testimony. Issues covered at the workshop included health and safety, pumping station siting, treatment reliability, cost of water, cost of connection, and mandatory use. Mr. Coe stated that the experts concluded that the recycled water to be provided by the Lamorinda Recycled Water Project is safe and there would be no health and safety problems resulting from its use. There are still some concerns from Lafayette relative to pumping station siting, but it is believed in time those concerns can be mitigated. Mr. Coe stated that the District has proven technology with regard to treating for pathogens. Testing has concluded that the treatment is reliable. With regard to cost of water, Mr. Coe stated that EBMUD is not offering much incentive, but there will be savings on earthquake and drought surcharges. The cost of connecting existing customers will be borne by EBMUD. New connections must pay the connection cost. The EBMUD mandatory use ordinance has been raised as a concern. EBMUD has indicated that they prefer voluntary customers and hope that the mandatory use ordinance will not be used. Mr. Coe stated that the public response at the Acalanes workshop included supporting views from the League of Women Voters, the City of Lafayette with the caveat that they still have concern with regard to pumping station siting, and various members of the public. Opposing views expressed by the public included trust issues, health concerns, and mandatory use. Mr. Coe reviewed the Lamorinda Recycled Water Project schedule beginning with Environmental Impact Report certification in May 1998, construction design in 1999, construction in 2000, and anticipated initial water delivery in 2001. Mr. Coe reviewed the status and schedule for the Zone 1 - Pleasant Hill Recycled Water Project. Construction is nearly complete and pump testing is underway. Customers will be hooked up beginning in April or May with Buchanan Fields. The State Water Resources Control Board (SWRCB) loan in the amount of $2.92 million has been approved. The interest rate is 2.6 percent with a yearly payment of $188,000 for twenty years. Mr. Coe stated that this represents a present worth savings of $707,000 over the cost if District funds had been used at the current interest rate of 5.7 percent. Mr. Clyde Vaughn, 59 Donna Maria Way, Orinda, addressed the Board on behalf of the Moraga Del Ray Homeowners' Association. Mr. Vaughn expressed opposition to using recycled water for irrigating school grounds in the Orinda area. Mr. Vaughn stated that EBMUD has not identified any studies on the long term affects of recycled water. Mr. Vaughn also expressed concern that problems could potentially occur in operation of a pumping station and recycled water system. Mr. Vaughn stated that it is not possible to achieve a fail safe system. Mr. Vaughn stated that if the District Board continues to approve the Lamorinda Recycled Water Project ."'f /"'" [~ ~-~ "."'- ,,~,' ('14\ 0 ~~;¡ C, 73 and Orinda schools are required to take the water, Board Members will receive few votes in the future since Orinda parents overwhelmingly oppose any use of recycled water in Orinda. 3) Mr. Dolan, General Manager-Chief Engineer, stated that as the business environment for utilities has been changing due to deregulation of private utilities and privatization of public operations, the District has been doing its best to keep up with the changing world. The goal is the highest quality of service consistent with good management and cost control. The Board has seen several examples of this in recent years including flat budgets, no rate increases, Work Redesign, and soon, Success Sharing. Mr. Dolan introduced Mr. James M. Kelly, Director of Plant Operations, who briefed the Board on two educational opportunities currently available. Mr. Kelly stated that both deal with becoming more competitive and both are presented by leading organizations in our field. When considering ways to manage costs, the largest areas of expenditure, labor, chemicals and utilities, must be considered. The District has achieved many efficiencies through technological improvements. With Board support, the District has undertaken the Cogeneration Project, the Headworks Facilities Project, Ultraviolet Disinfection Facilities Project, upgrading automation in the Plant, responding to deregulation of natural gas, bidding of chemicals, and pooled purchasing, all to reduce costs and improve efficiency. Historically, competition has not been an issue with utilities but it is becoming more of an issue. Mr. Kelly stated that the District has participated in a number of efforts to improve its competitiveness including Work Redesign activities, benchmarking efforts on both costs and process/operations techniques, and has attended various site visits and conferences. Mr. Kelly reported that the Association of Metropolitan Sewerage Agencies (AMSA) will be conducting a competitiveness workshop for public utilities in San Francisco on June 2 and 3, 1998. Mr. Kelly distributed information on the workshop and stated that it is recommended that six to eight District employees from a cross section of the District attend this workshop. Any Board Members interested in attending are encouraged to do so as well. Mr. Kelly stated that the second educational opportunity is presented by the Water Environment Research Foundation (WERF). QualServe was first developed for use in the water industry. Two tools, self assessment and peer review, help utilities improve customer satisfaction and performance. WERF is now adapting the QualServe process to wastewater agencies. The District has been asked to participate. It is recommended that the District participate in the pilot program at a cost of approximately $5,000 plus travel costs. Mr. Kelly described the process for self assessment and peer review. Mr. Kelly stated that QualServe fits directly into the District's ongoing continuous improvement efforts. In closing, Mr. Kelly requested Board approval to send six to eight District employees to the AMSA competitiveness workshop on June 2 and 3, 1998 and to budget for participation in the WERF QualServe Wastewater Program in the 1 998-1 999 Operations and Maintenance Budget. The Board expressed support for the recommendation to participate in the AMSA Competitiveness Workshop and the WERF QualServe Wastewater Program. Mr. Dolan stated that staff would contact the Board Members to arrange registration for any who wished to attend. BREAK At 4:22 p.m., President Nejedly declared a recess, reconvening at the hour of 4:34 p.m. with all parties present as previously designated. 03 19 9~~ 74 ('.)' ç,'.:., " (,'.i'Î "-' 6) 4) Mr. Dolan, General Manager-Chief Engineer, stated that Proposition 218 passed in November 1996 and the District became subject to new noticing requirements that require us to be aware of needed rate increases several months earlier than the Board adoption of the budget. To prepare for this, the District developed and plans to annually update a Five Year Operating Plan. At a recent management meeting, it was concluded that unless a strategic planning effort is undertaken prior to the Five Year Plan development, the Five Year Plan will simply be a meaningless extrapolation of current trends. Furthermore, this year and next year are going to be challenging and, by District standards, unstable. There will be many opportunities to make important decisions that will affect the long-term future of the District. It is important that all engaged in those decisions have the best knowledge available. Therefore, Mr. Dolan proposed that the Board and Management Team jointly undertake a strategic planning process. The mid-managers and general employees would be kept apprised as the process proceeded. Mr. Dolan stated that the first step in the process, is for the Board to agree to undertake such a process. If the Board does not wish to do that, staff will proceed at the staff level without Board participation. It is proposed that three four to six hour workshops be held beginning in June and occurring one month apart. Topics to cover could include the mission and vision of the District; external threats and opportunities; internal issues, problems, and responses; external political, economic, technological, regulatory, and demographic trends; and identification of strategic priorities and action plans which would feed into development of a Five Year Operating Plan. Mr. Dolan stated that he would hope to come out of the strategic planning process with a consensus understanding of where the District is and where it should be in five years. Mr. Dolan requested feedback and guidance from the Board and ultimately some sense of whether the Board wishes to proceed with this effort. Member Hockett stated that this would be an opportunity to revisit the purpose and existence of the District, and solidify goals for the future. Member Hockett suggested that documentation from previous strategic planning efforts with the Board be revisited and that it might be useful in designing future workshops. Member Lucey expressed support for the proposed strategic planning process because it would provide an opportunity for the Board and staff to have time to work out ideas together particularly in light of the fact that Mr. Dolan has announced his intention to retire next year. Members Menesini and Nejedly expressed support for the proposal. Discussion followed with regard to the location of the workshops and the use of a facilitator. Mr. Dolan stated that staff will proceed with securing a facilitator and making the necessary arrangements. 5) Mr. Dolan, General Manager-Chief Engineer, stated that since the Management Information System (MIS) Administrator Andrew Sniderman left the District, a contract administrator, Rosario Dow, has been engaged under a $50,000 authorization. That authorization is due to be expended before the end of March. Staff would intend to extend the authorization for another $40,000 to allow sufficient time for the hiring process to be completed and the new person to come up to speed. In response to a question from Member Lucey, Human Resources Manager Cathryn Freitas reported on the status of the recruitment for the MIS Administrator. Mr. Dolan, General Manager-Chief Engineer, announced that the District is advertising for the Martinez East Side Sewer Improvements Project. The engineer's estimate for the work is $6.5 million. Mr. Dolan reported that, ""'O!I ('"" m '("",f) ........ (¡'./ 0.0 '-"'"} f""~, (t",. '~,..,} 7) 8) 9) 10) 11 ) 12) 13) 14) 75 like the Pacheco Boulevard Project, this project will involve joint participation with the City of Martinez. The District's contractor will repave a portion of the streets for the City of Martinez. The estimated cost for the City's portion of the work is $100,000. Mr. Dolan, General Manager-Chief Engineer, announced that Contra Costa Water District will hold a dedication ceremony for the Los Vaqueros Dam and Reservoir at 1 :00 p.m. on May .2, 1998. The Board is invited to attend. Mr. Dolan, General Manager-Chief Engineer, announced that the Local Agency Formation Commission (LAFCO) will consider annexation of the School Site in Dougherty Valley, Gale Ranch II in Dougherty Valley, and the Montanera Project in the Gateway Valley in Orinda in the near future. Mr. Dolan, General Manager-Chief Engineer, announced that the District received good coverage in two recent media events managed by Mr. Paul Morsen, Director of Administration. The first was an article in the Contra Costa Sun on the South Orinda Sewer Improvements Project and the second was a Channel 2 news story on the Household Hazardous Waste Collection Facility. Mr. Dolan, General Manager-Chief Engineer, announced that Assembly Bill 2524 (Thompson), which would limit retroactivity resulting from application of the Ventura County Supreme Court decision on retirement costs, does not appear likely to pass. It does not appear worth taking a position on at this time. Mr. Dolan, General Manager-Chief Engineer, announced that the District is advertising for bids for a project for replacement of electrical feeder cables in the Plant. The engineer's estimate for the work is $175,000. The 25- year-old wire is failing because of inadequate insulation. Mr. Dolan, General Manager-Chief Engineer, announced that the District's annual "Bring Your Kids to Work Day" will be held on April 23, 1998. This has been very successful in the past. Mr. Dolan, General Manager-Chief Engineer, announced that as previously agreed, Household Hazardous Waste mobile collection events have been scheduled for March 28, 1998 in Danville and April 4, 1998 in San Ramon. An event will be held in May in Lafayette. Mr. Dolan, General Manager-Chief Engineer, announced that the District is advertising for a Roof Replacement contract for several roofs on the Treatment Plant site. The estimated cost of the work is $180,000. b. COUNSEL FOR THE DISTRICT None c. SECRETARY OF THE DISTRICT 1 ) Ms. Joyce E. Murphy, Secretary of the District, stated that at the March 5, 1998 Board Meeting, the Board suggested that a closed session be scheduled at a special meeting to allow the Board to instruct their labor negotiators pursuant to Government Code Section 54957.6. Ms. Murphy stated that a limited amount of additional information is now available and it might be appropriate to hold a closed session at the April 2, 1998 Board Meeting and decide at that time whether a separate special meeting is necessary. The Board concurred. 0 ç~\ ~j 19 98 76 9. ADMINISTRATIVE a. APPROVE THE IMPLEMENTATION OF THE DISTRICT-WIDE PROCUREMENT CARD PROGRAM Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Ken F. Laverty, Purchasing and Materials Manager, who stated that one of the recommendations proposed by the Work Redesign Goods and Services Requisitioning Process Redesign Team (PRT) was the implementation of a Procurement Card Program to serve as an efficient, secure, and cost effective tool for small dollar purchases. A pilot program was approved by the Board in May 1996 based on models from other public agencies, particularly San Diego. Mr. Laverty reviewed the process steps in setting up the pilot program, the system controls which were established, and the detailed training program which was provided to each cardholder. Mr. Laverty reported that during the 18-month pilot program approximately 500 procurement card transactions were made at a total cost of $50,000. This represents a substantial savings in time and expense as these transactions could have resulted in 500 purchase orders and 500 checks being issued. As reported to the Board at the last Board Meeting, an audit of the program was conducted by the District's internal auditor, Rosemary Belland, CPA. No card abuse was found either by District staff or the internal auditor. Based on the successful completion of the pilot program, Mr. Laverty recommended that the Board approve implementation of a District-wide Procurement Card Program. It was moved by Member Hockett and seconded by Member Menesini, that implementation of the District-wide Program Procurement Card Program be approved. There being no objection, the motion was unanimously approved. 10. ENGINEERING a. ADOPT RESOLUTION AUTHORIZING GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE LOAN CONTRACT FOR $2.916.872 WITH THE CALIFORNIA STATE WATER RESOURCES CONTROL BOARD FOR THE ZONE 1 - PLEASANT HILL PHASE 1 RECYCLED WATER PROJECT It was moved by Member Menesini and seconded by Member Boneysteele, that Resolution No. 98-032 be adopted, authorizing the General Manager-Chief Engineer to execute a loan contract for $2,916,872 with the California State Water Resources Control Board for the Zone 1 - Pleasant Hill Phase 1 Recycled Water Project. Motion unanimously approved on the following vote: AYES: Members: Menesini, Boneysteele, Lucey, Hockett, Nejedly NOES: Members: None ABSENT: Members: None 11. TREATMENT PLANT a. BOARD ACCEPTANCE OF THE 1997 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). COLLECTION SYSTEM OVERFLOW MONITORING PROGRAM. AND RECYCLED WATER QUALITY AND DISTRIBUTION REPORTS Mr. Dolan, General Manager-Chief Engineer, introduced Mr. James M. Kelly, Director of Plant Operations, who stated that this annual self-monitoring report is like a report card for the Regional Water Quality Control Board to assess how well the District has done during the past year. Mr. Kelly reviewed the compliance history for the year noting that the treatment plant produced an effluent with an annual average carbonaceous biochemical oxygen demand (CBOD) and total suspended solids (TSS) concentration of 5 mg/L each, which is markedly lower than the District's NPDES permit standards of 25 mg/L and 30 mg/L, respectively. The plant met all effluent requirements through the year with the exception of 14 non-zero chlorine residual and five settleable solids exceedences. Mr. Kelly stated that this compliance record was achieved in some cases because of and O~þ . ~')9 ]' ç, - q>." 98 77 in some cases in spite of the ongoing construction on the plant site including the Ultraviolet Disinfection Facility, Aeration Basin Selector, and Aeration Basin Improvements Projects. Some of the chlorine residual violations were caused as a result of a contractor causing a power outage. It is hoped that there will be no chlorine residual violations next year because of the implementation of the Ultraviolet Disinfection Facility Project. Mr. Kelly reviewed the compliance history for the past six years and stated that the Board has provided the District with substantial tools to allow achievement of this compliance history. Discussion followed with regard to the compliance history and the recycled water statistics. Mr. Charles W. Batts, Director of Engineering, stated that he shares in the satisfaction of the plant's compliance success. Mr. Batts took this opportunity to reinforce the partnership between the District's remarkable regulatory compliance record and the work of the Engineering Department and the support of the Board for capital projects. However, Mr. Batts stated that throwing money at problems is not always the solution, particularly when the goal is always becoming more stringent. In the last ten years the District has spent more than $240 million on capital construction with about $100 million being spent in the plant, about $100 million in the collection system, about $20 million in the pumping stations, and about $20 million in general improvements mainly for land acquisition as a buffer. As a result of these capital improvements, chlorine residual violations should be eliminated with implementation of the Ultraviolet Disinfection Facility Improvements. The current ability of the plant to process heavy wet weather flows is due in part to capital work on the 5B Expansion, the Headworks Project, the Outfall Project, the Secondary Clarifier Project, and the Aeration Tank Improvements Project. The solids handling area of the plant has made major changes over the last 12 years with the Multiple Hearth Furnace Project and the Dewatering System Improvements Project. The overall reliability of the treatment process, while a consideration in every project, was enhanced by the Standby Power Project and the Cogeneration Project which allow the plant to operate during utility failures. Mr. Batts stated that the collection system is now a part of the annual report to the Regional Water Quality Control Board. Major work has been completed in the collection system in recent years to decrease the amount of system overflows, and more work is proceeding to improve the collection system performance from a five-year storm frequency in the current plan to an ultimate goal of a twenty-year storm frequency. Mr. Batts stated that the two recent pumping station failures will cause renewed scrutiny of the pumping stations. During the past ten years, pumping stations capital work has been focused mainly on the Martinez system with over $12 million being expended. Work is now being completed at the Orinda Crossroads and Moraga Pumping Stations, and upgrades will be made to the San Ramon system as part of the work to accommodate flows from Dougherty Valley. Mr. Batts stated that in the general improvements area, projects such as the Household Hazardous Waste Collection Facility contribute to the District's Pollution Prevention Program, improving the District's ability to successfully meet permit requirements. Even land purchased for buffer reduces the District's exposure to odor and noise complaints. In summary, Mr. Batts stated that while the NPDES Permit is a report card on the District's treatment process and the efforts of the Plant Operations Department, it reflects the efforts of the entire District and the direction set by the Board of Directors. On behalf of the employees who are very proud of the District's efforts and compliance, Mr. Batts thanked the Board for their support. It was moved by Member Boneysteele and seconded by Member Menesini, that the 1997 National Pollutant Discharge Elimination System, Collection System Overflow Monitoring Program, and Recycled Water Quality and Distribution Reports be accepted. There being no objection, the motion was unanimously approved. 0"') £) 19 98 78 12. HUMAN RESOURCES a. ADOPT RESOLUTION APPOINTING ROBERT HOMER TO THE POSITION OF SAFETY AND RISK MANAGER. M-33 ($5.751 - $6.990/MOJ EFFECTIVE APRIL 6. 1998 It was moved by Member Menesini and seconded by Member Lucey, that Resolution No. 98-033 be adopted, appointing Mr. Robert Homer to the position of Safety and Risk Manager, M-33 ($5,751 - $6,990/mo.) effective April 6, 1998. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Lucey, Hockett, Boneysteele, Nejedly None None 13. APPROVAL OF MINUTES a. MINUTES OF FEBRUARY 19. 1998 It was moved by Member Boneysteele and seconded by Member Hockett, that the minutes of February 19, 1998, be approved with the addition to the fourth paragraph on page 14 of the names of the contractors who assisted with the Orinda Crossroads Pumping Station emergency repair. There being no objection, the motion was unanimously approved. 14. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED MARCH 19. 1998 It was moved by Member Boneysteele and seconded by President Nejedly, that the Expenditure List dated March 19, 1998 including Self-Insurance Fund Check Nos. 101423- 101430, Running Expense Check Nos. 108983-109285, Sewer Construction Check Nos. 19549-19584, and Payroll Check Nos. 48031-48297, be approved as recommended. There being no objection, the motion was unanimously approved. 15. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 16. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Hockett requested a report on the effectiveness of the District's public education and pollution prevention efforts in reducing non-point source discharges. Mr. Dolan, General Manager-Chief Engineer, stated that staff will try to obtain the necessary data from the Contra Costa County Flood Control Department and provide a report to the Board at a future Board Meeting. 17. CLOSED SESSION a. EXISTING LITIGATION The closed session was held to discuss existing litigation pursuant to Government Code Section 54956.9(a). The titles of the litigation discussed were as follows: 1 ) Acme Landfill Corp. v. Althin CD Medical, Inc., CCCSD, et al - U.S. District Court Case No. C91-4268 SBA; 2) Helix v. Southern Pacific Transportation Corporation, CCCSD, et al - U.S. District Court Northern District Case No. C92-2312 DLJ; 0 ~tJ .."~ ,» r;.J~ -~ 9" .! ~,::Æ 9. (,) ~,.... r;~.. '<...., , 4) b. 79 3) Leonard/Beinke v. CCCSD (Marriott Corporation and Blackhawk Country Club - CCCSD cross complaints) - Contra Costa County Superior Court Case No. C96-02566; CCCSD v. Orinda-Moraga Disposal Service, Inc., et al (CCCSD v. Eckhoff Accountancy Corp.) - Contra Costa County Superior Court Case No. C96- 00562; 5) Steven A. Elsberry, Nancy Cronk-Elsberry v. CCCSD, et al - Contra Costa County Superior Court Case No. C97-00825; 6) Rick Brummett, Jeannine Brummett, Mark Goings, Linda Goings, David Grubb, Sue Grubb, Cory Ness, and Kim Ness v. East Bay Municipal Utility District, CCCSD, et al (Cree Court) - Contra Costa County Superior Court Case No. C97-04571; 7) Vernon D. Paulson, et al v. Board of Retirement of the Contra Costa County Employees Retirement Association, et al - Contra Costa County Superior Court Case No. C96-02939; 8) CCCSD v. Smith, et al - Contra Costa County Superior Court Case No. C98- 00193; and 9) CCCSD v. Hagen, et al- Contra Costa County Superior Court Case No. C97- 00869. ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(b), a point has been reached where in the opinion of the Board of Directors of the Central Contra Costa Sanitary District, on the advice of its Counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the District. Eight potential matters were discussed. At 5:50 p.m., President Nejedly declared the closed session to discuss litigation pursuant to Government Code Sections 54956.9(a) and (b) as noted above. At 6: 1 0 p.m., Member Menesini requested to be excused and left the meeting. At 6:23 p.m., President Nejedly concluded the closed session and reconvened the meeting into open session. 18. REPORT OF DISCUSSIONS IN CLOSED SESSION No decisions were made or votes taken in closed session which require reporting at this time. 19. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned the meeting at the hour of 6:24 p.m. ~¿~h ~ ~~~-~ Pre' ent of the Boar of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: S cr t ry of the Cen al ontra Costa Sa . ary District, County of Contra Costa, State of California O. 0.-, ._-~ v 19 98