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HomeMy WebLinkAboutBOARD MINUTES 07-02-98 159 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JULY 2, 1998 The District Board of the Central Contra Costa Sanitary District convened in an adjourned 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 July 2, 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. Roger J. Dolan, General Manager-Chief Engineer, announced that the Martinez Gazette erroneously ran an article indicating that a public hearing would be held at this meeting on the Alhambra Way Contractual Assessment District. That public hearing will be held in September 1998. 3. CONSENT CALENDAR It was moved by Member Hockett and seconded by Member Lucey, that the Consent Calendar, consisting of Items a. through c., be approved as recommended. a. Authorization was given for P.A. 98-7 (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: Hockett, Lucey, Menesini, Boneysteele, Nejedly None None b. August 6, 1998 at 2:00 p.m. was set as the date and time for a public hearing to. receive comments on proposed Reimbursement Fees for properties to be served by the Dougherty Tunnel and Trunk Sewer Project. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Lucey, Menesini, Boneysteele, Nejedly None None c. August 6, 1998 at 2:00 p.m. was set as the date and time for a public hearing to receive public comment and to request that Contra Costa County place delinquent connection fees on the property tax bill for 55 Longridge Road in Orinda, California; and the President of the Board of Directors was authorized to execute a letter informing the County Auditor-Controller of the intended process. Motion unanimously approved on the following vote: 07 02 98 160 AYES: Members: NOES: Members: ABSENT: Members: Hockett, Lucey, Menesini, Boneysteele, Nejedly None None 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Dolan, General Manager-Chief Engineer, requested that Item B.b., Engineering, be taken out of order to accommodate interested persons in the audience. President Nejedly proceeded to Item 6.b. 6. ENGINEERING b. AUTHORIZE STAFF TO PURSUE ESTABLISHING ACCESS RIGHTS TO AND ACROSS THE DISTRICT'S EASEMENT ON PROPERTY OWNED BY CARL D. DAMÉ Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Jay S. McCoy, Environmental Services Division Manager, who stated the matter before the Board relates to perfecting access rights in an area east of Alamo across a portion of the driveway to the Damé residence. Mr. McCoy described the location of the property in question. The District, in conjunction with the developer of this subdivision, had sanitary sewers extended. Easements were acquired for the existing sewer and a future sewer to serve Ridgewood Road in Alamo. Mr. Norman Schlinger has purchased an existing home at 2451 Ridgewood Road in Alamo. The home is currently served by a septic tank which is failing. Mr. Schlinger has corresponded with Mr. Michael Rupprecht, attorney for Mr. Damé. He and Mr. Rupprecht had reached an agreement which has since been rescinded; thus, to date, he has not been able to establish access to the District easement. Mr. McCoy stated that staff believes that Mr. Schlinger has made a good faith effort to obtain the easement rights, but has been unable to do so. The District now needs to take action to perfect rights of access. Discussion followed with regard to the concerns expressed by the Damés, steps to be taken to satisfy those concerns, and the condition of the failing septic tank on the Schlinger property. Mr. Schlinger stated that it is his intention to pay for the portion of the sewer from Mr. Damés property to his property. Mr. Schlinger stated that he has a redwood septic tank and lid which has rotted. Following discussion, it was moved by Member Hockett and seconded by Member Lucey, that staff be authorized to pursue establishing access rights to and across the District easement on the property owned by Carl D. Damé. There being no objection, the motion was unanimously approved. At this time, President Nejedly reverted to the order of the agenda. 5. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that the District has been dealing with crowded laboratory quarters for many years. The ventilation system has had capacity and contamination problems. Staff has been looking at how to deal with these problems as we have moved from a milligram per liter measurements standard to a microgram standard and now we face a nanogram standard. Mr. Dolan introduced Mr. Don Berger, Associate Engineer and Project Manager on a laboratory improvements study. Mr. Berger stated that the Laboratory Improvements Project has been in the Capital Improvement Plan for about ten years in a number of forms. After investigating a number of options, it has been concluded that constructing a new laboratory at a nearby adjacent location is the preferred 07 ( '2" ~ j~ 98 161 option. Mr. Berger provided background on the changes in laboratory operation over the past 1 2 years including increase in the number of tests per year from 8,000 to 41,000, increase in staffing levels from 3 employees to 9 employees, increasingly more stringent required detection limits, and operation of sophisticated instruments. There have been some minor additions to the laboratory space during that time from 4,000 square feet to 4,800 square feet. In 1991 the laboratory facilities workspace study recommended that the existing laboratory be expanded and remodeled at an estimated cost of $7 million. That cost was too high, so steps were taken to outsource some of the laboratory work. In 1996 the HV AC System Improvements Study recommended HV AC system upgrades estimated at $750,000. It has been concluded that the best plan to meet the District needs is to build a new facility. Mr. Berber reviewed deficiencies in the existing laboratory including: . Lack of work and storage space .. Inefficient layout . HV AC system inadequacies: ~ poor temperature control ~ particle contamination ~ insufficient airflow . Problems with laboratory utility systems . Health and safety issues Mr. Berger stated that planning for changes to the laboratory should consider the needs for a larger laboratory, address deficiencies, consider the advantages and disadvantages of remodeling versus building a new building, and evaluate the most cost-effective construction methods. Mr. Berger reviewed siting considerations and discussed alternative sites being considered. Discussion followed with regard to remodeling versus constructing a new building, site considerations, and associated costs. Member Lucey suggested that this would be an opportunity to seriously consider entrepreneurial options for the laboratory. Mr. Dolan indicated that is being discussed and listed possible options. The experience of other agencies in remodeling or constructing new laboratories was discussed and Member Menesini expressed an interest in visiting some of those laboratories. In closing, Mr. Berger reviewed the project schedule for laboratory improvements with calls for a predesign study and evaluation of site alternatives beginning in May 1998, selection of the preferred site in November 1998, followed by a ten-month period for design, bid, and award, and a 12- to 16-month construction phase with completion by the end of the year 2000. 2) Mr. Dolan, General Manager-Chief Engineer, stated that this past winter the District suffered two events which are expected to result in Regional Water Quality Control Board (RWQCB) enforcement action. One was related to the discharge into San Pablo Creek of water containing drilling mud from the South Orinda Sewer Improvements Project microtunneling operation, and the second was the result of the failure of the large electric pump at the Orinda Crossroads Pumping Station. Mr. Dolan introduced Mr. James M. Kelly, Director of Plant Operations, who reported on the accident investigation relating to the Orinda Crossroads Pumping Station failure. On February 12, 07 02 98 162 07 1998, the pump volute burst and a 1,000,000-gallon spill resulted. The pumping station was back in service in ten hours and fully restored with the reserve capacity engines back on line in 31 hours. The RWQCB inspected the site on February 24, 1998. Telephone contact was received from Mr. Eddy So, the RWQCB case officer, who asked for an investigation using a third-party engineer, and indicated the District could expect an Administrative Civil Liabilities (ACL) fine. On June 9, 1998, a Notice of Violation was issued. On July 1, 1998, a report was submitted to the RWQCB. Mr. Kelly distributed copies to the Board. The report was structured to address the ACL issue. Mr. Kelly stated that the RWQCB requested that the study look at two key points: 1) What caused the failure; and 2) Were the failure and resulting spill preventable. G.S. Dodson was hired to investigate the failure. Dodson found that the failure was due to water hammer. Three plausible scenarios were identified for the failure and corrective steps have been taken to eliminate all three plausible causes. Montgomery Watson was hired to review the two questions asked by the RWQCB and to compare the District operation to RWQCB draft guidelines regarding reliability. Mr. Kelly quoted from the Montgomery Watson report as follows: "The mechanical integrity and maintenance program for the Orinda Crossroads Pump Station conforms, with only several exceptions, to the recommendations of the draft document." "The Orinda Crossroads Pump Station is in reliable mechanical condition and is maintained in a manner that meets or exceeds the standards of the municipal wastewater industry. The staff of this facility demonstrates a thorough understanding and execution of operational and maintenance procedures." With regard to whether the failure and spill were preventable, Mr. Kelly quoted the Montgomery Watson report as follows: "...the pump failure was caused by a mechanical failure that could not have been reasonably anticipated or prevented by operator intervention or that could be attributed to operator negligence." "Once the pump failure occurred, the resulting overflow of raw wastewater was inevitable given the situation. The District response was prompt and minimized the volume of the overflow. Given the circumstances and constraints of implementing repairs and bypass pumping, a faster response was not feasible." Mr. Kelly stated that virtually all of the recommendations of the consulting engineers were accepted except those that were in conflict or those which needed more study. Discussion followed with regard to changes made in the alarm system, and the estimate of costs expended to date to investigate and repair this problem. Mr. Charles W. Batts, Director of Engineering, described the types of enforcement actions available to the RWQCB, ranging from informal enforcement up to and including legal court room actions. Informal enforcement could include a telephone contact and Notice of Violation letter. 0'> .~ 98 163 Other enforcement actions include Time Schedule Order, Cease and Desist Order, Cleanup and Abatement Order, and Modification or Rescission of Waste Discharge Requirements. An Administrative Civil Liabilities (ACL) fine addresses a past violation and could be accompanied by a Cleanup and Abatement Order or Cease and Desist Order. Special situations which involve health issues or storm water discharges may be referred to the Attorney General. Mr. Batts briefly reviewed the circumstances relating to discharge of drilling mud by the contractor on the South Orinda Sewer Improvements Project into San Pablo Creek. Mr. Batts stated that this event was just one of a very large number of violations that the RWQCB had to deal with during the past wet weather season. Mr. Batts reviewed an ACL flow chart and described the steps in that process beginning with the violation/event and proceeding through to acceptance of the fine or beginning the appeal process. The maximum ACL amounts are $10,000 per day and $10 per gallon, for a maximum ACL fine for the' Orinda Crossroads Pumping Station spill of $10,020,000. State Water Resources Control Board Resolution No. 96-030 sets policy standards for water quality enforcement as follows: . Consistent, predictable, and fair . Sets threshold to report to RWQCB ~ Violation of prohibition in waste discharge requirement . Rapid enforcement . Guidelines for ACL fine ~ Similar violations should have similar fines ~ Create disincentive for future violations ~ Prevent economic benefit from violation Mr. Batts discussed the following factors which are to be considered in setting ACL fine amounts: . Nature of circumstances, extent, and gravity of violation and degree of toxicity . Degree of culpability . Prior history of violations . Susceptibility to cleanup and voluntary cleanup efforts undertaken . Economic savings including deferred capital and reduced or avoided operations and maintenance costs Mr. Batts stated that supplemental environmental projects will be considered if the violations have been corrected, deterrence objectives served, there is an appropriate relationship between the violation and environmental benefits of the project, and the project would not happen otherwise. Supplemental environmental project types include pollution prevention, pollution reduction, environmental restoration, environmental auditing, and public awareness. In closing, Mr. Batts reviewed a list of ACL violation amounts imposed in the Bay Area in recent years. 07 02 98 164 07 Mr. Dolan stated that we expect that it will be many months before the ACL fine amount is known and whether a local environmental project will be approved for a portion of any fine money, but it would be well to keep the possibility in mind. 3) Mr. Dolan, General Manager-Chief Engineer, stated that with the direction received from the Board, staff is planning to do a lot of work over the next couple months to obtain input from employees and prepare for the final strategic planning session. Subsequently, action items and the Five-Year Operations and Maintenance (O&M) Plan will be put together during the fall for presentation to the Board in the winter. Following discussion, it was agreed that the final strategic planning session be confirmed for Friday, September 25, 1998 form 11 :00 a.m. to 5:00 p.m. at San Damiano Retreat in Danville. Mr. Dolan reviewed the strategic planning process and the anticipated work products. To date draft core values, mission statement, thoughts about our future, a preliminary list of strategic issues, and results of the business environment scan have been produced. Next, we expect to narrow down and group the strategic issues and identify strategic actions that could ensure optimal effectiveness and customer service in the future. This would then be brought to the September 25 strategic planning session for further work by the Board. With Board endorsement, these actions would then be put into the Five-Year O&M Plan. Discussion followed with regard to the strategic planning process and work products. Member Menesini indicated that he would like more time to consider each of the pieces in a very thorough manner, rather than having the whole body of information presented at the end of the process. In the discussion that followed, it was the consensus of the majority of the Board that the strategic planning process is working satisfactorily and that the draft work products produced to date should be presented to employees and stakeholders for their input prior to presentation to the Board for ratification and approval. When this matter is presented for consideration by the Board, sufficient time will be allowed for Board review and consideration. Following discussion, the District's mission statement was reworded as follows: "Central Contra Costa Sanitary District is a utility dedicated to responsibly serving our customers and community by protecting the public health and environment through: . Collecting and treating wastewater, . Providing recycled water for use by the public, and . Collecting, recycling and disposing of household hazardous waste." The above mission statement was approved with Members Lucey, Hockett, Boneysteele, and Nejedly voting yes and Member Menesini voting no. Following discussion of the summary notes from strategic planning work session 2, revisions were made to more accurately reflect the intent of the Board and staff. O~ ') . (,..,:/ 98 4) 6) 7) 8) 9) 10) 11 ) 12) 165 Mr. Dolan, General Manager-Chief Engineer, announced that as a consequence of deregulation of natural gas in California, the District has an opportunity to negotiate a reduction of the contract for supply of natural gas. That is going on now. The new contract will begin July 1, 1998 and will be submitted to the Board for approval in July. 5) Mr. Dolan, General Manager-Chief Engineer, announced that Assistant Engineer Joe Pomroy and Associate Engineer Don Berger have authored an article on the District's Dissolved Air Flotation Odor Scrubber (compost biofilter) published in a Water Environment Federation publication. Mr. Dolan, General Manager-Chief Engineer, announced that the District's annual summer picnic will be held on July 8, 1998. The theme for this year's event is Success Sharing. Mr. Dolan, General Manager-Chief Engineer, announced that Purchasing and Materials Manager Ken F. Laverty has received Certified Purchasing Manager (C.P.M.) lifetime status. Mr. Dolan commended Mr. Laverty on this significant accomplishment. Mr. Dolan, General Manager-Chief Engineer, announced that the District is advertising for a reroofing job for 4737 Imhoff Place, Martinez. The estimate for the work is $130,000. Mr. Dolan, General Manager-Chief Engineer, announced that Central Contra Costa Solid Waste Authority (CCCSWA) has decided to seek an independent legal opinion relating to disbursal of surplus Acme litigation funds by the District. Mr. Dolan, General Manager-Chief Engineer, announced that two of six samples taken from Pacheco Slough over the past year were toxic to fish in the bioassay test. All six contained measurable concentrations of diazanon probably from contaminated sediments and urban runoff. Mr. Dolan, General Manager-Chief Engineer, announced that the Local Agency Formation Commission (LAFCO) denied without prejudice, the proposal for boundary reorganization for intervening properties between Windemere and Camino Tassajara. LAFCO denied the proposal because Contra Costa County had not yet approved the General Plan amendment and development plans for the property, and the City of San Ramon and the Town of Danville have not finalized plans for Tassajara Valley and wanted this held up. Mr. Dolan, General Manager-Chief Engineer, announced that a set of rates and charges have been prepared for Household Hazardous Waste Collection Facility small quantity generators. These rates and charges are based on actual costs to the extent practicable. A position paper will be presented at the next Board Meeting requesting that the Board set a public hearing to consider these rates and charges. b. COUNSEL FOR THE DISTRICT None c. SECRETARY OF THE DISTRICT None d. BOARD MEMBERS None 07 02 98 166 BREAK President Nejedly declared a recess at the hour of 4:20 p.m., reconvening at the hour of 4:35 p.m., with all parties present as previously designated. 6. ENGINEERING a. AUTHORIZE THE SUBMISSION OF BALLOTS IN FAVOR OF THE FORMATION OF THE ALHAMBRA CREEK ASSESSMENT DISTRICT Mr. Dolan, General Manager-Chief Engineer, recommended that the District support the City of Martinez in the formation of the Alhambra Creek Assessment District. The widening of Alhambra Creek will benefit the District by lessening the amount of flood waters which enter the District's sanitary sewer system. Following discussion, it was moved by Member Hockett and seconded by Member Menesini, that the submission of ballots in favor of the formation of the Alhambra Creek Assessment District be authorized, and that payment of the assessment amounts be authorized conditioned on the successful formation of the assessment district. There being no objection, the motion was unanimously approved. b. AUTHORIZE STAFF TO PURSUE ESTABLISHING ACCESS RIGHTS TO AND ACROSS THE DISTRICT'S EASEMENT ON PROPERTY OWNED BY CARL D. DAMÉ This item was taken out of order earlier in the agenda. c. CONSIDER THE FORMATION OF A CONTRACTUAL ASSESSMENT DISTRICT FOR PROPERTIES ON CHARLES HILL CIRCLE AND HARTFORD ROAD IN ORINDA Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Jay S. McCoy, Environmental Services Division Manager, who described the location of the proposed Contractual Assessment District (CAD) for properties on Charles Hill Circle and Hartford Road in Orinda. A total of 17 properties would benefit from extension of the public sewer. Ten owners who are interested in connecting their homes own 12 of the 1 7 properties that could be served by the CAD sewer extension. Mr. McCoy presented the staff recommendation that the Board authorize formation of a CAD for properties on Charles Hill Circle and Hartford Road in Orinda. It was moved by Member Hockett and seconded by Member Menesini, formation of a CAD consisting of 1 7 properties on Charles Hill Circle and Hartford Road in Orinda be authorized, and that staff be directed to begin processing said CAD. There being no objection, the motion was unanimously approved. d. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE A CONSTRUCTION CONTRACT CHANGE ORDER ON THE SOUTH ORINDA SEWER IMPROVEMENTS PROJECT. DP 4928: AND APPROVE SUBSTITUTION OF SUBCONTRACTOR NOT LISTED IN THE ORIGINAL BID Mr. Dolan, General Manager-Chief Engineer, stated that the Board was given a comprehensive report at the last Board Meeting to prepare for this change order and substitution of subcontractor. Staff would be happy to answer any questions. In response to questions from the Board, Mr. William E. Brennan, Capital Projects Division Manager, provided an update on progress being made on the South Orinda Sewer Improvements Project. Mr. Brennan stated that as of today, the pipe is in place from Orinda Crossroads Pumping Station to TB 4. A new tunneling machine is being delivered and should start work on July 13, 1998. The damaged tunneling machine should be returned by July 13, 1998. The conventional machine should be on the job on July 6, 1998. Excavation of TB 5 has begun. There will be night work next week on Camino Pablo to connect the old sewer to the new one. One sag has been repaired and work is underway to repair the second sag. The contractor should be completed next week. Mr. 07 0 c.~" , ""';7 . ¡:~:Ý 98 167 Dolan stated that the fact that Nada Pacific will not be doing all of the work was taken into consideration by staff in negotiating the change order. It was moved by Member Menesini and seconded by President Nejedly, that the General Manager-Chief Engineer be authorized to execute a contract change order with Mountain Cascade, Inc. for the extra costs associated with differing site conditions not to exceed $450,000 allocated from the project contingency; that the General Manager-Chief Engineer be authorized to approve substitution of WESTCON, INC. for microtunneling operations on the South Orinda Sewer Improvements Project, DP 4928; and that Resolution No. 98-071 be adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Nejedly, Lucey, Hockett, Boneysteele None None 7. APPROVAL OF MINUTES a. MINUTES OF JUNE 8. 1998 b. MINUTES OF JUNE 9. 1998 c. MINUTES OF JUNE 12. 1998 It was moved by Member Hockett and seconded by Member Menesini, that the minutes of June 8, 1998, the minutes of June 9, 1998, and the minutes of June 12, 1998, be approved as presented. There being no objection, the motion was unanimously approved. 8. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED JULY 2. 1998 Member Boneysteele, Chair of the Budget and Finance Committee, stated that he and President Nejedly reviewed the expenditures and found them to be satisfactory. It was moved by Member Boneysteele and seconded by President Nejedly, that the Expenditure List dated July 2, 1998, including Self-Insurance Check Nos. 101459- 101463, Running Expense Check Nos. 111301-111592, and Sewer Construction Check Nos. 19910-19969, be approved as recommended. There being no objection, the motion was unanimously approved. 9. BUDGET AND FINANCE a. RECEIVE MAY 1 998 FINANCIAL STATEMENTS Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance for the month of May 1998, noting that expenses were $46,000 below than budget, representing a 1.9 percent favorable variance. Year-to-date expenses were $860,000 below budget, representing a 3.2 percent favorable variance. For the eleven months ended May 1998, revenues were $26,249,000 or $663,000 greater than budget, representing a 2.6 percent favorable variance. 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 5.16 percent to 6.45 percent. The latest interest rate as of April 1998 was 5.22 percent. The average yield of the LAIF account through April 1998 was 5.67 percent. President Nejedly declared that the May 1 998 Financial Statements were duly received. 07 02 98 168 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 Nejedly adjourned the meeting at the hour of 4:55 p.m., to reconvene in the Third Floor Executive Conference Room, 5019 Imhoff Place, Martinez, California, at 2:00 p.m. on Tuesday, July 14, 1998 for an Adjourned Regular Board Meeting to interview and select an executive search firm for the General Manager-Chief Engineer position recruitment. /' ---.f. . ~- Pres' nt of the Board of Dir tors, Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: 07 0 '~:Q . " {'cd 98