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HomeMy WebLinkAboutBOARD MINUTES 09-02-93 182 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON SEPTEMBER 2, 1 993 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 p.m. on September 2, 1993. President Clausen called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Menesini, Dalton, Hockett, Rainey, Clausen ABSENT: Members: None 2. PUBLIC COMMENTS None 3. CONSENT CALENDAR The various permits and authorities required for District projects, and testing and results relating to the Sludge Stabilization Project were discussed. Following discussion, it was moved by Member Rainey and seconded by Member Hockett, that the Consent Calendar, consisting of Items a. through g., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution No. 93-088 accepting an easement at no cost to the District from T. O. Frasheski, et ux, Danville area, Job 4800 Ext., Parcel 2, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: Rainey, Hockett, Menesini, Dalton, Clausen NOES: Members: None ABSENT: Members: None b. Resolution No. 93-089 accepting an easement at no cost to the District from B. J. Tillinghast, Danville area, Job 4800 Ext., Parcel 3, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: Rainey, Hockett, Menesini, Dalton, Clausen NOES: Members: None ABSENT: Members: None c. Resolution No. 93-090 accepting work and Offers of Dedication from Marilyn J. Schuman-Schaffer, Job 4758, Parcel 4, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: Rainey, Hockett, Menesini, Dalton, Clausen NOES: Members: None ABSENT: Members: None 09 02 93 183 d. The General Manager-Chief Engineer was authorized to execute an agreement with the State Lands Commission for the Pleasant Hill Relief Interceptor, DP 4879. Motion unanimously approved on the following vote: AYES: Members: Rainey, Hockett, Menesini, Dalton, Clausen NOES: Members: None ABSENT: Members: None e. The contract work for the Sludge Stabilization Project, DP 20098, was accepted and the filing of the Notice of Completion was authorized. Motion unanimously approved on the following vote: AYES: Members: Rainey, Hockett, Menesini, Dalton, Clausen NOES: Members: None ABSENT: Members: None f. September 16, 1993, at 3 p.m. was set as the date and time for a public hearing on the Negative Declaration for the Recycled Water Pipeline Project, DP 20105. Motion unanimously approved on the following vote: AYES: Members: Rainey, Hockett, Menesini, Dalton, Clausen NOES: Members: None ABSENT: Members: None g. A Medical Leave of Absence Without Pay was authorized for Dennis Almond, Maintenance Crew Member II, through September 30, 1993. Motion unanimously approved on the following vote: AYES: Members: Rainey, Hockett, Menesini, Dalton, Clausen NOES: Members: None ABSENT: Members: None 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 5. ENGINEERING a. APPROVE AN ACQUISITION AGREEMENT WITH BUCHANAN FIELDS GOLF COURSE. INC. AT A COST OF $126.000. DP 20131. PARCEL 005. CONCORD/PLEASANT HILL AREA President Clausen stated for the record that he no longer represents Buchanan Fields Golf Course, Inc. and no longer practices law, and so does not have a conflict on this matter. Mr. Roger J. Dolan, General Manager-Chief Engineer, introduced Mr. Tad Pilecki, Senior Engineer, who stated that more than 50 easements are required along the Pleasant Hill Interceptor alignment. Mr. Pilecki introduced Mr. Bill Tannenbaum, of Associated Right of Way Services, Inc., who has been working diligently for the District in negotiating these easements. This easement through Buchanan Fields Golf Course is the largest and 09 02 93 184 one of the most critical. It is unique in that it involves compensation to the golf course for improvements and to Contra Costa County for the underlying land. Mr. Pilecki showed slides and described the easement, location, and improvements involved. The $126,000 agreement negotiated with the Buchanan Fields Golf Course includes compensation for improvements, temporary facilities, relocation and reestablishment costs, and loss of revenue. A construction duration of 120 days has been allowed for the project. Liquidated damages in the amount of $400 per day will be passed on to the contractor should the construction period exceed 1 20 days. If the contractor should finish in 90 to 100 days, Buchanan Fields Golf Course will reimburse the District $400 per day up to 30 days. In response to a question from President Clausen, Mr. Pilecki stated that two years is the earliest date that the County may build the road through Buchanan Fields Golf Course and it could be up to ten years before the road is built. Because of the uncertainty of the County plans, the need to minimize overflows in the Pleasant Hill area, and the favorable bidding climate, staff determined that it was better not to delay the project. It was moved by Member Dalton and seconded by Member Menesini, that the Acquisition Agreement from Buchanan Fields Golf Course, Inc. for the Pleasant Hill Relief Interceptor Project, DP 20131, Parcel 005, be approved at a cost of $126,000, and that the President of the Board of Directors and the Secretary of the District be authorized to execute and record said Acquisition Agreement. Motion unanimously approved on the following roll call vote: AYES: Members: Dalton, Menesini, Hockett, Rainey, Clausen NOES: Members: None ABSENT: Members: None 6. PERSONNEL DIRECT STAFF TO SECURE THE SERVICES OF AN ARBITRATOR IN ACCORDANCE WITH STEP FOUR OF THE GRIEVANCE PROCEDURE a. Following discussion of the arbitrator selection process, it was moved by Member Rainey and seconded by Member Hockett, that staff be authorized to secure the services of an arbitrator in accordance with Step Four of the Grievance Procedure in the matter of the appealed grievance of Accounting Technician II James Desurne and Accounting Technician III David Rolley. There being no objection, the motion was unanimously approved. 7. APPROVAL OF MINUTES MINUTES OF AUGUST 5. 1993 a. It was moved by Member Rainey and seconded by Member Hockett, that the minutes of August 5, 1993, be approved as presented. There being no objection, the motion was unanimously approved. b. MINUTES OF AUGUST 19. 1993 It was moved by Member Hockett and seconded by Member Rainey, that the minutes of August 19, 1993, be approved as presented. There being no objection, the motion was unanimously approved. 8. APPROVAL OF EXPENDITURE LIST EXPENDITURE LIST DATED SEPTEMBER 2. 1993 a. Member Menesini, member of the Budget and Finance Committee, stated that he and Member Hockett reviewed the expenditures and found them to be satisfactory. 09 02 93 185 Following discussion, it was moved by Member Hockett and seconded by Member Menesini, that the Expenditure List dated September 2, 1993, including Self-Insurance Check Nos. 100730-100733, Running Expense Check Nos. 77138-77370, Sewer Construction Check Nos. 12934-12943, and Payroll Check Nos. 32149-32441, be approved as recommended. There being no objection, the motion was unanimously approved. 9. BUDGET AND FINANCE a. AUTHORIZE RENEWAL OF THE DEFERRED COMPENSATION PLAN AGREEMENT WITH GREAT WESTERN BANK FOR FULL-TIME AND PART-TIME. SEASONAL AND TEMPORARY EMPLOYEES AND THE ADDITION OF A THIRD PROVIDER. ICMA RETIREMENT CORPORATION Following discussion of the fees and rate of return, it was moved by Member Rainey and seconded by Member Dalton, that the President of the Board be authorized to sign a renewal of the Deferred Compensation Plan agreement with Great Western Bank for full- time employees; that the President of the Board be authorized to sign a renewal of the separate Deferred Compensation Plan agreement with Great Western Bank for part-time, seasonal, and temporary employees; and that the President of the Board be authorized to sign a contract for the addition of a third Deferred Compensation Plan provider, ICMA Retirement Corporation. Motion unanimously approved on the following roll call vote: AYES: Members: Rainey, Dalton, Menesini, Hockett, Clausen NOES: Members: None ABSENT: Members: None 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 11" REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, reported that Planning Assistant Jackie Zayac and Plant Operations Department Manager Charles W. Batts have attended community meetings on the Solano Way Project proposed by Tosco Refining Company. Mr. Dolan introduced Mr. Batts, who reported that Tosco's proposal is to improve safety by eliminating through-traffic on Solano Way, a County road. Gates would be installed at Arnold Industrial Way and Waterfront Road. The proposed alternative is to extend Waterbird Way from Waterfront Road to Imhoff Drive. This alternative goes by Acme Landfill and the Acme Transfer Station, across IT property, across District property to Imhoff Drive. Mr. Batts stated that Tosco has held three community meetings in the Vine Hill, Clyde, and Blum Road area. Each meeting was attended by approximately 30 to 40 people. Issues raised by the communities varied but included the following: Route Access Traffic Safety Impacts (noise, increased traffic, trash) Cost (who pays for the new road?) Multiple Rail Road Crossings 09 02 93 186 09 Mr. Batts stated that there are 30 businesses located in the Tosco area and they raised concerns as well. Concern was also expressed that other public roads may be closed because of proximity to refineries and other types of industrial activities. Mr. Batts stated that the next step in the process will be a County scoping session in which the issues raised by the communities will be brought before the County, precipitating an Environmental Impact Report for the project. Mr. Batts stated that it appears that the Waterbird Way extension is the only alternative being considered at this time. District staff has suggested other less costly alternatives such as the creek-side option or the right-of-way on the east side of the Tosco property. The Blum Road residents have indicated they will fight the Waterbird Way extension. Mr. Batts stated that he will continued to monitor the process and report back to the Board. 2) Mr. Dolan, General Manager-Chief Engineer, reported that recently Member Rainey met with one of the District's industrial customers, ADL. Member Rainey stated that the ADL representative was quite concerned about the number of regulatory agencies and inspections. Given the size of ADL's operations, it does seem to be an economic hardship. It was suggested that the agencies coordinate and cooperate on these inspections. Mr. Dolan stated that ADL has had a compliance problem in the past and for that reason had a higher frequency of inspections. ADL's compliance has improved and the frequency of inspections has decreased. Mr. Dolan stated that the District is sympathetic to ADL's plight because the District is subject to literally dozens of regulatory programs. Any hope for relief must come from improved efficiency in regulatory administration, not from elimination of the inspection function. The environmental audit concept, which has been around for some time, may be an answer. An environmental audit is somewhat analogous to a financial audit in that a private firm contracts to thoroughly review an industrial or commercial operation looking at possible violations of air, water, solid waste, toxic and other environmental regulations. It would appear that if such private firms could be authorized under air, water and solid waste laws to contract with regulators, there might be a way of outsourcing and consolidating inspections. The acceptability of this concept by the bureaucracies can be expected to be limited. Questions about qualifications and experience of inspectors, potential for malfeasance and concern for preservation and growth of institutions are likely to be causes for concern. Mr. Dolan stated that he is not optimistic that this idea would be effective; or if so, whether it would be worth the battle required to implement it. However, there are a number of things that can be done at the local level. Mr. Dolan introduced Mr. Robert A. Baker, Deputy Chief Engineer, who reported that several things have been done so far. . At the request of the District, the Bay Area Air Quality Management District (BAAQMD) now conducts a wastewater source control inspection of dry cleaners in conjunction with their air quality inspection. The District feels that this program has been a success. One separate on-site inspection has been eliminated and dry cleaners no longer must get a permit from the District. . There is an exemption available from the Federal government for commercial/industrial customers who do not use Total Toxic Organics (TTO) at their site. ADL has applied and probably will receive that exemption. . The EPA has a classification of industries which are considered to have unusually difficult process wastes. These industries, known as categorical industries in EPA jargon, are subject to special scrutiny. Six of the District's 13 categorical industry customers do not discharge a process waste. After carefully reviewing the regulations, it has been concluded that these industries can be placed under a 02 93 187 "Class III" permit which is less costly to the industries and will require only one inspection per year. . As dischargers improve their compliance, the frequency of analyses can be reduced. ADL's improved compliance has now allowed for quarterly inspections rather than monthly. In response to a question from Member Rainey, Mr. Baker stated that the District has approached the County hazardous materials inspectors concerning coordinating inspections but with no result as they are oriented to a different type of activity than the District. Member Rainey requested that staff report back when they have talked to other managers. Member Menesini stated that a number of years ago he maintained that the curve of regulation would increase as violation of stewardship of the environment occurs. We are now overregulated and the trend must be reversed. Mr. Kenton L. Aim, Counsel for the District, briefly reported on pending legislation that attempts to get the California Environmental Protection Agency to coordinate its efforts and to adopt quality management principles requiring that certain management objectives be established and reports made back to the Legislature in terms of meeting those objectives. A portion of the same bill requires all local agencies use their best efforts to coordinate local inspections. 3) Mr. Dolan, General Manager-Chief Engineer, distributed a report on the progress made to date towards achieving the District Goals and Objectives established at the recent Strategic Planning Workshop. All objectives are on schedule. 4) Mr. Dolan addressed the Board with regard to the District training program, the concerns and interests expressed by Board Members, and the upcoming California Water Pollution Control Association (CWPCA) Northern Regional Training Conference and Water Environment Federation (WEF) Conference. Mr. Dolan stated that a new program will be instituted with the next quarterly report, whereby additional feedback on the training session will be provided. Following discussion, it was the consensus of the Board that a well trained workforce continues to be a priority of the District but that the General Manager-Chief Engineer and Department Managers continue to closely monitor the training budget, being sensitive to difficult economic times being faced by private industry and public agencies alike. 5) Mr. Dolan indicated that the County staff paper concerning the Keller Canyon Landfill Mitigation and Surcharge Fees was distributed for the Board's information. Member Menesini recommended that a subcommittee of the Board be appointed to investigate the issue and to ascertain the facts for the Board's use in making decisions. Mr. Dolan stated that another important issue is the rate regulation of the Keller Canyon/Acme disposal system. Mr. Dolan suggested that it may be appropriate for some responsible public agency to commission a definitive piece of work in that regard. It may be helpful to have a Board representative, a Board committee, or the full Board provide direction. President Clausen requested that this matter be calendared on the next Board meeting agenda and that Board and staff be prepared with their recommendations. 6) Mr. Dolan reported that in recent years BART has had operational problems with their car washing facility in Concord. Mr. Dolan introduced Mr. William E. Brennan, Plant Engineering Division Manager, who reported that in November 1992, it was discovered that BART was discharging pollutants into a storm drain and they were fined. BART now has a special discharge permit for their batch facility where wastewater is collected in tanks, the pH is adjusted, and it is discharged to the District. Mr. Brennan stated that there has been no violation in terms of their discharge to the District sewers 09 02 93' 188 b. c. d. 09 7) 8) 9) 10) 11 ) 12) and no damage to the District system. President Clausen thanked Mr. Brennan for his report. Mr. Dolan announced that Member Menesini has advised that a commemorative event is being planned for Mr. George Gordon. Member Menesini requested that a resolution honoring Mr. Gordon for his service to the community, be prepared for adoption by the Board at the September 16, 1993 Board meeting. Mr. Dolan stated the Board authorized $75,000 for the emergency repair of the Filter Plant electrical feeder. That work has been completed for approximately $55,000. Plant Operations Department people did a great job working with the outside contractor on this emergency repair. Mr. Dolan announced that Senior Engineer Doug Craig will be traveling to Calgary, Canada in connection with the start up of an Ultraviolet Disinfection Plant. Expenses will be covered as part of the capital project. Mr. Dolan announced that staff has investigated the use of asphalt made from recycled rubber. Based on the findings, there are major problems with quality and durability. It appears that, at least in the near term, the District will not be able to use this material. Mr. Dolan announced that only one employee took advantage of the early retirement program offered by the District. Mr. Dolan reported on his attendance at the highly informative Baltic Conference. The Baltic is the most polluted large inland water body. Eighty million people live on lands tributary to the Baltic. Some of the countries on the Baltic, such as Sweden, Denmark, and Finland, have the highest treatment and nutrient removal practices anywhere; while in the highly industrialized former Soviet Union and Warsaw Pact Nations that drain into the Baltic, treatment is either nonexistent or extremely poor. The focus of the Baltic Conference was bringing western technology and literature to the water environment professionals from these countries. COUNSEL FOR THE DISTRICT None SECRETARY OF THE DISTRICT 1 ) Ms. Joyce E. Murphy, Secretary of the District, distributed copies of the inPROGRESS solid waste newsletter prepared by District staff for the Valley Waste Management and Orinda-Moraga/Pleasant Hill Bayshore franchise areas. BOARD MEMBERS 1 ) 2) President Clausen reported that a Central Contra Costa Solid Waste Authority meeting was held on August 26, 1993. The main topic of discussion was pending legislation. Member Menesini reported on the August 26, 1993 Sanitation and Water Agencies meeting at which the safety programs of various members agencies were discussed. Member Menesini commended Risk Manager Bonnie Allen for her excellent presentation on safety issues and regulations. Also of interest, was the presentation by Mr. Lewis Pascalli, Director of the Contra Costa County Hazardous Materials Program. Mr. Pascalli described the recent incident at the General Chemical Plant in Richmond and the safety implications for other agencies. 02 93 12. ANNOUNCEMENTS None 13. CLOSED SESSION None 14. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None 15. ADJOURNMENT There being no further business to come before the Board, President Clausen adjourned the meeting at the hour of 5:50 p.m. -/-.-.-- C Pr ident the Board of Directors, ent ontra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Sty of the Central ontra Costa Sanitary District, County of Contra Costa, State of California !'- 09 02 189 93