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HomeMy WebLinkAboutBOARD MINUTES 07-20-95 115 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JULY 20, 1995 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 3:00 p.m. on July 20, 1995. President Hockett called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Menesini, Rainey, Boneysteele, Hockett ABSENT: Members: Dalton Member Dalton had advised staff that he was unable to attend this meeting and had requested that he be excused. 2. PUBLIC COMMENTS None 3. CONSENT CALENDAR It was moved by Member Rainey and seconded by Member Boneysteele, that the Consent Calendar, consisting of Items a. through h., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution No. 95-055 accepting work and Offers of Dedication from James M. Pyle, et ux, Job 5068, Parcel 2, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Rainey, Boneysteele, Menesini, Hockett NOES: Members: None ABSENT: Members: Dalton b. Resolution No. 95-056 accepting work and Offers of Dedication from John F. Campbell, et ux, Job 5068, Parcel 4, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Rainey, Boneysteele, Menesini, Hockett NOES: Members: None ABSENT: Members: Dalton c. Resolution No. 95-057 accepting work and Offers of Dedication from James H. Matheney, et ux, Job 5068, Parcel 5, was adopted and recording was authorized. Motion approved on the following vote: 07 20 95 116 AYES: Members: Rainey, Boneysteele, Menesini, Hockett NOES: Members: None ABSENT: Members: Dalton d. Resolution No. 95-058 accepting work and Offers of Dedication from Kurt L. Herzog, et ux, Job 5068, Parcel 6, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Rainey, Boneysteele, Menesini, Hockett NOES: Members: None ABSENT: Members: Dalton e. Authorization was given for P.A. 95-12 (Orinda) to be included in a future formal annexation to the District. Motion approved on the following vote: AYES: Members: Rainey, Boneysteele, Menesini, Hockett NOES: Members: None ABSENT: Members: Dalton f. The attendance of Mr. Bhupinder S. Dhaliwal, Laboratory Superintendent, at the U.S. Environmental Protection Agency (EPA) national workshop in McLean, Virginia, on August 2 and 3, 1995, at a cost of $1,500, was authorized. Motion approved on the following vote: AYES: Members: Rainey, Boneysteele, Menesini, Hockett NOES: Members: None ABSENT: Members: Dalton g. The attendance of Ms. Lynne B. Putnam, Senior Engineer for the Planning Division, was authorized at the October 22 and 23, 1995 Water Environment Federation annual conference in Miami Beach, Florida, at a cost of $1,200. Motion approved on the following vote: AYES: Members: Rainey, Boneysteele, Menesini, Hockett NOES: Members: None ABSENT: Members: Dalton h. A Leave of Absence Without Pay was authorized for Mr. Timothy J. Ross, Assistant Engineer, effective August 2, 1995 through August 16, 1996. Motion approved on the following vote: 07 20 95 117 AYES: Members: Rainey, Boneysteele, Menesini, Hockett NOES: Members: None ABSENT: Members: Dalton 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 5. ADMINISTRATIVE a. CONSIDER ADOPTION OF RESOLUTION STARTING DISTRICT BOARD MEETINGS AT AN EARLIER TIME AND REVISING AGENDA FORMAT OF DISTRICT BOARD MEETINGS Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that at the last Board Meeting, staff was requested to draft a resolution moving forward the starting time of District Board Meetings. As a result of discussions with Board Members and staff, two additional changes are proposed: 1) that the District Board Meeting agenda format be revised to move reports forward because of the importance of the dialogue and exchange between Board and staff on the many and various issues relating to District policy and direction; and 2) that a routine adjournment time of no later than 6:00 p.m. be calendared, to be extended only by a majority vote of the Board. Items not discussed or acted upon would be held over to the next meeting. Discussion followed with regard to sequencing of agenda items, time management of the Board agenda, individual Board Members' commitment to public service outside the District, the situation of individual Board Members, and the importance of accommodating public input. Member Boneysteele stated that if a routine adjournment time is implemented, he would suggest that at the next meeting any items held over from the previous meeting be considered first to ensure that discussion on an item is not limited or tabled. The Board agreed. It was moved by Member Rainey and seconded by Member Menesini, that regularly scheduled District Board Meetings begin at 2:00 p.m. on the first and third Thursdays of the month. There being no objection, the motion was approved with Member Dalton being absent. It was moved by Member Rainey and seconded by Member Menesini, that the order of business at District Board Meetings be revised, calendaring "Items Held Over From Previous Board Meetings" and "Reports" immediately following "Bids and Awards." There being no objection, the motion was approved with Member Dalton being absent. It was moved by Member Rainey and seconded by Member Menesini, that a routine adjournment time of no later than 6:00 p.m. be calendared with items not discussed or acted upon being held over to the next meeting, and that the adjournment time only be exceeded by a majority vote of the Board of Directors. There being no objection, the motion was approved with Member Dalton being absent. It was moved by Member Rainey and seconded by Member Menesini, that Resolution No. 95-059 be adopted to that effect. There being no objection, the motion was approved with Member Dalton being absent. 6. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE A VOLUNTARY AGREEMENT WITH THE DEPARTMENT OF TOXIC SUBSTANCES CONTROL FOR OVERSIGHT OF TREATMENT PLANT SOIL REMEDIATION PROJECT. DP 7113. AT A COST NOT TO EXCEED $175.000 Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Randy Schmidt, Associate Engineer, who stated that about 25 years ago, Shell Oil Martinez Refinery deposited approximately 5,000 cubic yards of asphalt-like petroleum material on the District 07 20 95 118 treatment plant site to be used for soil stabilization. This material is now considered a listed hazardous waste. Some of the material was found in and around Basin "A" South, an area that will be needed for future secondary facilities expansion. The Department of Toxic Substance Control (DTSC) required that the District complete a Preliminary Endangerment Assessment to identify if immediate mitigation is necessary. Field sampling and analysis have been completed; and remediation is required prior to treatment plant expansion. Initially, regulations would have required that all contaminated soil be treated regardless of contaminant level since it is a listed waste. Shell Oil assisted the District in obtaining a review and reclassification of the waste by DTSC. The material is no longer a listed waste. The District now only needs to be concerned with contaminate concentrations which exceed specified limits. This reclassification reduced the estimated project cost from approximately $90 million to approximately $3 million. Staff is still negotiating with Shell Oil with regard to their contribution to the remediation. After working for several months with District staff, legal counsel, and Shell Oil, the DTSC concluded that the remediation could be done under a Voluntary Agreement rather than in response to a Consent Order issued by DTSC to force the remediation. Elements of the Voluntary Agreement include: . Risk assessment . Remediation alternatives analysis . CEOA/public participation . Design of selected remediation alternative . Construction . Reimbursement of DTSC oversight fees Mr. Schmidt reviewed the proposed project schedule which calls for completion in the year 2001 . Following discussion, it was moved by Member Menesini and seconded by Member Rainey, that the General Manager-Chief Engineer be authorized to execute a Voluntary Agreement with the California Department of Toxic Substances Control for oversight of contaminated soil clean-up at a cost not to exceed $175,000. There being no objection, the motion was approved with Member Dalton being absent. b. APPROVE PRINCIPLES OF AGREEMENT AS THE BASIS FOR NEGOTIATING THE ZONE ONE RECYCLED WATER PROJECT SPECIFIC AGREEMENT WITH CONTRA COSTA WATER DISTRICT Mr. Dolan, General Manager-Chief Engineer, stated that the Principles of Agreement for the Zone One Recycled Water Project were discussed at the last Board Meeting. Mr. Dolan introduced Ms. Lynne Putnam, Senior Engineer, who provided an overview of the public information component of the Zone One Recycled Water Project. Target audiences for the Zone One Recycled Water Project public information effort include potential customers, public/ratepayers, and opinion leaders. Ms. Putnam reviewed the messages for each audience covering such topics as economics, safe and acceptable quality of the water, reliability, good community relations, benefits to landscaping, good for the environment, and good for businesses. These messages will be delivered in a variety ways including city council meetings, civic group meetings, workshops, newsletters, newspaper articles, and the District's school programs. Ms. Putnam reviewed the schedule for the public information effort which calls for presentations in spring and summer 1996 and newspaper articles as milestones are reached. Discussion followed with regard to getting and keeping customers, involvement of the Board of Directors in the public information effort, and development of a fact sheet relative to health issues. It was moved by Member Rainey and seconded by Member Menesini, that the Principles of Agreement be approved as the basis for negotiating the Zone One Recycled Water 07 20 95 119 Project Specific Agreement with Contra Costa Water District. There being no objection, the motion was approved with Member Dalton being absent. c. ESTABLISH AUGUST 17. 1995 AS THE DATE FOR A PUBLIC HEARING ON DISTRICT ANNEXATION 132 AS AMENDED BY THE LOCAL AGENCY FORMATION COMMISSION (LAFCO) Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Jarred Miyamoto-Mills, Principal Engineer, who provided a brief history of the Lawrence/Leema Road Specific Plan area and the chronology of events leading to its annexation to the Town of Danville and East Bay Municipal Utility District through a reorganization. The Specific Plan will allow about 260 to 390 single family residences. Proposed District Annexation (DA) 132, the first phase of the Specific Plan, encompasses 122 single family lots. All lots can be served by gravity flow to District sewers in Camino Tassajara and sufficient capacity is available. Three parcels were added to DA 132 by the Local Agency Formation Commission (LAFCO). Two of these parcels require pumped service. The District is negotiating agreements with the owners of the parcels requiring pumped service. The developer of DA 132 will pay capital costs of the pumping station, force main, and gravity sewers. The served properties will pay operations and maintenance costs. There is no known public agency or private opposition to District annexation. Mr. Miyamoto-Mills stated that Phase 2 of the Lawrence/Leema Road Specific Plan area is slated for development in about ten to 15 years. There is potential for 350 to 400 single family homes in Phase 2. A pumping station or service to the south will be required, with possible elimination of the Phase 1 pumping station. In the discussion that followed, at the suggestion of Member Rainey, staff will record a restriction relative to the future operations and maintenance costs of the pumping station and include language in the developer white papers or on the deed. Counsel for the District will work with staff to determine the most appropriate approach. It was moved by Member Rainey and seconded by Member Boneysteele, that August 17, 1 995 be established as the date for a public hearing to consider the annexation of the territory contained within DA 132 as amended by LAFCO. There being no objection, the motion was approved with Member Dalton being absent. A field trip to the.area was tentatively scheduled for 1 :30 p.m. on August 7, 1995. 7. APPROVAL OF MINUTES MINUTES OF JULY 6. 1995 a. Following discussion, it was moved by Member Rainey and seconded by Member Boneysteele, that the minutes of July 6, 1995 be approved as presented. There being no objection, the motion was approved with Member Dalton being absent. 8. APPROVAL OF EXPENDITURES EXPENDITURE LIST DATED JULY 20. 1995 a. Member Menesini, Chair of the Budget and Finance Committee, stated that he and Member Boneysteele reviewed the expenditures and found them to be satisfactory. It was moved by Member Menesini and seconded by Member Boneysteele, that the Expenditure List dated July 20, 1995, including Self-Insurance Check Nos. 100984- 100988, Running Expense Check Nos. 90559-90842, Sewer Construction Check Nos. 15867-15930, and Payroll Check Nos. 38882-39185, be approved as recommended. There being no objection, the motion was approved with Member Dalton being absent. 9. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 07 20 95 120 a. 10. REPORTS GENERAL MANAGER-CHIEF ENGINEER 07 20 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that the Martinez Facilities Plan was done in 1989 identified improvements needed to give Martinez a sewer system adequate to handle peak flows. The larger pipes were also highlighted in the 1986 District-wide Master Plan. Last winter, during the peak wet weather flows, the engineering projections proved accurate. CSO crews worked for days at a time pumping around the system bottleneck. The District has done a quick fix to deal with the worst of the problems. It is now time to deal with the larger issues. Mr. Dolan introduced Project Manager Curt Swanson who described the Martinez Downtown East Trunk Sewer Project, DP 4950, to replace and upgrade trunk and main sewers in the eastern part of downtown Martinez including Escobar, Court Street, Pine Street, and Pacheco Boulevard. A total of 10,600 feet of pipe will be replaced at a estimated cost of $2 million. Mr. Swanson stated that the 1989 Martinez Facilities Plan included a comprehensive upgrading of the Martinez sewer system over a 20-year period, identifying 23 projects totaling $43 million. To date, eight projects have been completed or are under construction, for total cost of $18.8 million. Problems with the Martinez downtown east trunk sewer include both structural problems and hydraulic deficiency. The proposed project will replace and upgrade pipes using open cut, pipe bursting, and possibly microtunneling technologies. Possible mitigation measures to reduce construction impacts include: . Night/weekend construction . Microtunneling . Making detours available . Utilizing public notices and meetings Mr. Swanson stated that staff will go to the Martinez City Council to discuss this project. Member Menesini indicated a willingness to represent the Board at that meeting. President Hockett thanked Mr. Swanson for the update. 2) Mr. Dolan, General Manager-Chief Engineer, introduced Public Information and Graphics Coordinator Ken Grubbs who provided an overview of the planning efforts for the District's 50th anniversary. A Board/staff task force has worked to identify key audiences, messages, objectives, and resources. Possible ideas and activities include: . Commemorative report; . Open house to the public; . Employee picnic; . Commemorative items; and . Disseminating messages through existing methods of communication. A theme contest was conducted using the lateral Connection. At the next meeting on July 21, 1995, the task force will make a decision on the theme. The budget for the report, activities, and commemorative items totals $52,300. This amount will be budgeted over a two-year period. Of that total, the commemorative report is budgeted at $33,000. As the Board is aware, the District has not published an annual report for a number of years. 95 121 It is planned to publish a commemorative report that can be used for a three-year period, updating the financial information each year. Mr. Grubbs stated that the Public Information staff will begin development of the report in July, and the task force will finalize the plan for the 50th anniversary celebration and develop a timeline for implementation by September 1995. Mr. Grubbs stated that the task force believes that this is an opportunity to present some great messages to the public about the District's service. Member Menesini suggested that a document or a living history video might be appropriate. The Board agreed. Staff will look into the idea. 3) Mr. Dolan stated that staff wishes to keep the Board updated on the District's Work Redesign Program which has the goals of cost savings and improving service while maintaining employee quality of work life. Mr. Dolan stated that in the last report, the transition of the Work Redesign Program was discussed including training of in-house facilitators. An event is planned for this fall where progress will be evaluated and future work redesign activities will be planned. Mr. Dolan introduced Mr. John Pearl, Plant Maintenance Division Manager, who reviewed the status of Work Redesign process improvement efforts of the Dewatering Process Redesign Team (PRT), the Safety Information and Communication PRT, the Goods and Services Requisitioning PRT, the Engineering (Infrastructure) Design Review PRT, the Benefits Coordination Continuous Improvement Team (CIT), the Forms Management and Utilization CIT, the In-House Design (Infrastructure) CIT, the Infrastructure Division Design/Construction Management Information Exchange (Engineering), the Source Control Information Management CIT, and the Furnace Operations Improvements CIT. Mr. Pearl stated that the other focus of the Work Redesign effort is on training and support activities. Those activities include the Collection System Operations (CSO) Women's Issues Task Force, CSO Crew Leaders' Committee, Steering Committee, Facilitator Network, facilitator training, Water Environment Federation presentation and panel discussion, Mid- Managers Network, management education seminars, and CSO annual planning meeting. Mr. Pearl stated that the Work Redesign Program has really taken hold and spread throughout the organization. Mr. Dolan thanked Mr. Pearl for his report and stated that the progress made to date on the Work Redesign Program would not have been possible without Mr. Pearl's assistance. Discussion followed with regard to the level of activity and the self- regulating nature of the system. 4) Mr. Dolan, General Manager-Chief Engineer, introduced Ms. Bonnie Allen, Risk Manager, who has coordinated the development of a Comprehensive Emergency Management Plan for the District. This Plan has been appropriately integrated with the emergency plans of other public agencies in the area. Ms. Allen stated that the Standardized Emergency Management System (SEMS) was recently established by regulation. The law sets forth the elements of functional positions, responsibilities of the staff positions, and a system for reporting to Contra Costa County Coordination Center. Ms. Allen stated that ten District employees served on the Emergency Preparedness Committee that assisted in development of the District's Plan. The Plan was then reviewed by an Emergency Planning consultant, EOE, and is currently being finalized to include input from the consultant and the managers. Ms. Allen stated that the second challenge of the Emergency Preparedness Committee was to develop plans for an Emergency Operations Center (EOC). In order to protect public health and the District's employees, it is important that the District is prepared to respond in a coordinated manner. A study of the requirements for an EOC was conducted. The study considered the EOC organization and staff, location and space configuration 07 20 95 122 5) 07 20 of the EOC, communications and other equipment required, and to ensure compliance with SEMS guidelines. The EOC must function under the worst case conditions, and it becomes the point of communication and coordination between and among organizations during an emergency response. SEMS requires that the District: . Manage information; . Have a centralized decision making body; and . Have resource support and application to address emergencies. The five functional areas in the EOC are: . Management; . Operations; . Planning and intelligence; . Resources and logistics; and . Finance and administrative. Ms. Allen stated that a capital project in the amount of $80,000 for developing the EOC was included in the Capital Improvement Budget approved by the Board. Planning and design of an EOC and an alternative EOC included: . Identifying and planning for SEMS functions; . Considering space and configuration; . Reviewing District communications system and determining augmentation needed; . Implementing inter-agency systems and installing communications equipment; . Installing television and cable access; . Installing emergency power; . Identifying personnel support facilities and supplies; . Identifying emergency access; . Ensuring security; and . Providing storage areas for necessary equipment. Ms. Allen stated that two sites were selected for the EOC. The primary site is the District Board Room and the alternate site is the training room at the Walnut Creek facility. These sites were selected because they are located near District operations, accessible to the public, and because of their structural integrity. The District's Comprehensive Emergency Management Plan is in its final review and should be published within the next month. The EOC should be equipped and operative for an exercise by next spring. President Hockett thanked Ms. Allen for her informative report. Mr. Dolan reported that he met with Supervisor Jeff Smith and Contra Costa County Growth Management and Economic Development Agency Director Val Alexeeff to discuss the District's proposed Household Hazardous Waste 95 b. 123 Program and Recycled Water Projects. It was a favorable meeting and both indicated a willingness to cooperate. 6) Mr. Dolan announced that the City of Walnut Creek has adopted a resolution in support of the District's Household Hazardous Waste Program. 7) Mr. Dolan announced that Mr. Steve Ritchie has resigned as the Chief Executive of the Regional Water Resources Control Board. Mr. Ritchie will be taking a job with the City of San Francisco as a water resources planning manager. 8) Mr. Dolan announced that he received a letter from Mrs. Nadine Clausen, thanking the Board and staff for their recognition of deceased Board Member John B. Clausen at the recent Water Festival. 9) Mr. Dolan introduced Mr. Charles W. Batts, Plant Operations Department Manager, who provided an update and status report on the Cogeneration Project. Mr. Batts stated that there is light at the end of the tunnel and like the lights in the Board Room tonight, it is being lit by cogeneration. Mr. Batts described the Plant electrical system including the Standby Power system, PG&E power, and the integration of cogeneration. Training has been provided on the gas turbine, generator, boiler, control system, and related equipment and now it is necessary to integrate of all of this equipment into one responsive plant system. Work is progressing with operators' training on that now. Mr. Batts stated that the estimated cost of the Cogeneration Project is $6.1 million. The project is on budget and on schedule. There are still a small number of items to be completed: . Project software revisions have to made for load management purposes; . Air Board certification of emissions standards needs to be completed; . The landfill gas compressor needs to be made operational; and . There are still noise reduction issues and other training issues. Mr. Batts showed photographs of the equipment and stated that the operators are running the unit and are gradually reducing the use of PG&E power. Staff had indicated to the Board that the Cogeneration Project could save the District up to $1 million per year. Mr. Batts stated that projection appears achievable. Staff is also negotiating a cheaper natural gas contract which will take effect in November 1995. The steam system is producing a substantial amount of steam used in the Plant process. This is saving additional money by eliminating the use of one auxiliary boiler. In closing, Mr. Batts stated that the final update on the Cogeneration Project will be presented to the Board when the project is closed out during the next few months. Discussion followed with regard to PG&E stand by and demand charges. Mr. Dolan invited anyone who is interested in seeing the facility to contact Mr. Batts for a tour. COUNSEL FOR THE DISTRICT 1 ) Mr. Kenton L. Aim, Counsel for the District, reported on the status of delegation of solid waste franchising authority to the Central Contra Costa Solid Waste Authority (CCCSW A), indicating that the City of Walnut Creek has already acted to delegate solid waste franchising authority to CCCSW A. The County Ad Hoc Committee on Solid Waste met yesterday, July 19, 1995, relative to transition of solid waste franchising authority. There are no substantial areas of disagreement between the District and the County relative to ceding solid waste franchising authority in the unincorporated areas currently franchised by the District, although there may need to be 07 20 95 --------------------------"------_. ---------"----- ""---"""---- 124 some additional wordsmithing on the documents. Mr. Aim stated that he believes that the District can move forward with both the delegation agreement and transitional agreements. Both these items will be calendared for Board consideration on August 3, 1995. Mr. Dolan, General Manager-Chief Engineer, stated that in the meetings with the County the one item that caused some discussion was the language in the Walnut Creek resolution which said that the City could withdraw from CCCSWA at any time without cause, but that the City must continue to administer the portion of the franchise agreement relating to its jurisdiction for the eight-year term of the franchise. This language appears to be acceptable to the County Supervisors who were present. Mr. Aim stated that CCCSWA must amend its Joint Powers Agreement bylaws. Those amendments have been drafted and sent to the County for review. The County's comments were returned yesterday, July 19, 1995. The amendments will be considered by the CCCSWA Board of Directors on July 27, 1995. Mr. Dolan stated that there is still some question with regard to whether the $2.12 per ton household hazardous waste fee is still being collected by the County at the landfill and what it is being used for. Staff will follow up to determine the current status. c. SECRETARY OF THE DISTRICT None d. BOARD MEMBERS 1 ) Member Rainey reported that the Local Agency Formation Commission (LAFCO) will meet next week. 11. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Boneysteele commended staff for the excellent staff work and outstanding presentations given at this Board Meeting. 12. CLOSED SESSION a. EXISTING LITIGATION The closed session was held to discuss existing litigation pursuant to Government Code Section 54956.9(a). The name of the case discussed was Helix v. Southern Pacific Transportation Corporation, Central Contra Costa Sanitary District, et ai, U.S. District Court Northern District, Case No. C922312 DLJ. At 6:32 p.m., President Hockett declared the closed session to discuss litigation pursuant to Government Code Section 54956.9(a) as noted above. At 7: 17 p.m., President Hockett concluded the closed session and reconvened the meeting in open session. 13. REPORT OF DISCUSSIONS IN CLOSED SESSION Mr. Kenton L. Aim, Counsel for the District, stated that no decisions were made nor votes taken that require reporting at this time. 07 20 95 125 14. ADJOURNMENT There being no further business to come before the Board, President Hockett adjourned the meeting at the hour of 7:18 p.m. to reconvene at 9:00 a.m. on Thursday, July 27, 1995, at the Assistance League of Diablo Valley, 1850 Second Avenue, Walnut Creek, California, for a Special Board Meeting/Joint Meeting with the Cities of Lafayette and Orinda and the Towns of Danville and Moraga on solid waste rate setting issues. #1. ¿~) President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 07 20 95