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HomeMy WebLinkAboutBOARD MINUTES 12-02-04 102 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON DECEMBER 2, 2004 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 December 2, 2004. President Lucey called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Menesini, Boneysteele, Nejedly, Hockett, Lucey ABSENT: Members: None a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance to the Flag. b. ADMINISTER OATH OF OFFICE TO BOARD MEMBERS BARBARA D. HOCKETT, MARIO M. MENESINI. AND JAMES A. NEJEDL Y Ms. Joyce E. Murphy, Secretary of the District, administered the Oath of Office to Ms. Barbara D. Hockett, Dr. Mario M. Menesini, and Mr. James A. Nejedly who were unopposed and appointed the Board of Directors in lieu of election on November 2, 2004. Board and staff congratulated Members Hockett, Menesini, and Nejedly. At the conclusion of the ceremony, a reception was held honoring Board Members Hockett, Menesini and Nejedly. c. RECEPTION HONORING BOARD MEMBERS HOCKETT, MENESINI. AND NEJEDL Y A reception was held from 2:02 p.m. to 2:15 p.m. in honor of Members Hockett, Menesini, and Nejedly on their appointment in lieu of election to the Board of Directors. At this time, President Lucey proceeded to Item 11.a., Closed Session. 11. CLOSED SESSION a. PERSONNEL MATTERS The closed session was held to discuss personnel matters pursuant to Government Code Section 54957. The title of the position to be discussed is Secretary of the District. At 2:15 p.m., President Lucey declared the closed session to discuss personnel matters pursuant to Government Code Section 54957. At 2:34 p.m., President Lucey concluded the closed session and reconvened the meeting into open session. 12. REPORT OF DISCUSSIONS IN CLOSED SESSION President Lucey announced that in closed session, the Board of Directors authorized hiring Bob Murray and Associates to assist in recruitment to fill the Secretary of the District position upon the retirement of the current Secretary. At this time, President Lucey reverted to the order of the agenda. 12-2-04 I I I AYES: Members: NOES: Members: I ABSENT: Members: I I 103 3. CONSENT CALENDAR Member Menesini requested that Item 3.a. be removed from the Consent Calendar for discussion. It was moved by President Lucey and seconded by Member Hockett, that the Consent Calendar, consisting of Items b., c., and d., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. b. The contract work for the Pleasant Hill Road East Improvements, DP 5553, by Mountain Cascade, Inc. was accepted, and filing of the Notice of Completion was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Lucey, Hockett, Menesini, Boneysteele, Nejedly None None c. The contract work for the Treatment Plant Protective Coating Project, Phase 2, DP 7221, by Kaweah Construction Company, was accepted, and filing of the Notice of Completion was authorized. Motion unanimously approved on the following vote: Lucey, Hockett, Menesini, Boneysteele, Nejedly None None d. The President of the District Board of Directors and the Secretary of the District were authorized to execute a Quitclaim Deed to John Sayres and Dayna Sayres for unused easements at 15 Las Aromas, Orinda; staff was authorized to record the document with the Contra Costa County Recorder; and Resolution No. 2004- 092 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: Lucey, Hockett, Menesini, Boneysteele, Nejedly NOES: Members: None ABSENT: Members: None With regard to Consent Calendar Item 3.a., following discussion of the existing condition and appearance of the bridge, it was moved by Member Menesini and seconded by President Lucey, that the contract work for the Carmel Court Creek Crossing Renovation Project, DP 5499, by Robison-Prezioso, Inc. was accepted, and filing of the Notice of Completion was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Lucey, Boneysteele, Nejedly, and Hockett None None A photograph of the bridge will be provided to the Board. 12-2-04 104 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Item 11.a., Closed Session, was taken out of order earlier in the agenda. 5. REPORTS a. GENERAL MANAGER 1) Mr. Charles W. Batts, General Manager, stated that federal pretreatment regulations require local sanitary agencies to develop limits for certain pollutants, often referred to as pollutants of concern. Businesses that discharge or could discharge these chemicals from their systems must have limits set by the District's pretreatment program. These Local Discharge Limits need to be evaluated periodically to ensure they provide the necessary protection of the District collection system and treatment plant. Staff has been working on the evaluation of the District's Local Discharge Limits and has prepared a report that will be sent to the Regional Water Quality Control Board (RWQCB) and U.S. Environmental Protection Agenda (EPA) next month. Mr. Batts introduced Mr. Tim Potter, Source Control Program Superintendent, who provided an overview of the process used to evaluate the existing limits, the proposed changes to the limits, and the approval process to be followed. The purpose of the evaluation is to determine if the District's Local Discharge Limits are still appropriate and properly protective of the District's operations. The local limits are a set of standards that prescribe that businesses can discharge pollutants up to a certain level and the District can operate safely under those levels. The District is required to set Local Discharge Limits through a process established by the U.S. EPA guidance documents. Historically local limits have been set for heavy metals and some organics. The Source Control Section is charged with ensuring that businesses connected to the District sewer system meet these limits. Permits and the District ordinance are used to enforce these limits. For unpermitted businesses, the local limits are used as a tool to encourage the use of Best Management Practices (BMPs) to try to control discharge quality. Local Discharge Limits are a tool to control the quality of process wastewater from industries and other businesses, not domestic wastewater. An evaluation of existing local limits is prompted by any changes in the District's National Pollutant Discharge Elimination System (NPDES) permit, changes in regulations, or changes in the industry base. The driving force in the current evaluation was the lower limits in the District's NPDES permit. Mr. Potter stated that based on the results of the evaluation, it is recommended that the Local Discharge Limits be maintained at the current levels for many of the pollutant parameters since they are protective of District operations. However, a reduction in Local Discharge Limits is recommended for arsenic, copper, lead, mercury, zinc, cyanide, and pH. It is also recommended that discharge prohibitions for dioxin compounds and tributyltin be established. And finally, it is recommended that the existing Local Discharge Limit for thallium be removed since the District has not detected thallium with any regularity in District influent, District effluent, or industry sampling. Mr. Potter showed a summary table of proposed changes to current District Local Discharge Limits, focusing on copper as an illustration. A tiered approach is recommended for copper and several other pollutants listed. Discussion followed concerning the estimated cost to local businesses for implementation of the proposed changes, the process and timing for District Board and RWQCB input and approval of the proposed changes, the District's ability to measure the recommended limits, the fact that the protocols and model for establishing Local Discharge Limits are 12-2-04 I I I 105 prescribed and developed by the RWQCB and the U.S. EPA, and use of the BMPs as a strategy for deeming compliance. I Mr. Potter presented a summary of anticipated effects of the District's Local Discharge Limits study on regulated businesses. Some recommended changes have more impact than others. No significant impact is anticipated from the proposed local limits for arsenic, zinc, cyanide, pH discharge prohibitions. More significant impacts are expected from the proposed local limits for copper, lead, and mercury. The calculations of the Local Discharge Limits for copper, lead, and mercury do significantly reduce the allowable levels of these pollutants that can be present in wastewater discharged from businesses. The data from current permitted businesses has been reviewed; and for the most part, many permitted businesses will be able to meet the proposed limits. There may be excursions, however, and the issue is how often and how severe these excursions may be. It is hoped that use of BMPs will enable permitted businesses to meet the lower limits on a regular basis, but some businesses may need to enhance their pretreatment systems. Based on the proposed lower limits, more businesses will need to be permitted. Potentially affected business types include manufacturing, some vehicle service facilities, car washes, and laundries. Member Nejedly expressed concern about increased permitting and costs to businesses. Member Nejedly stated that the District should focus more on assisting businesses to implement BMPs rather than issuing more permits with additional costs. President Lucey expressed concern that the Board is not involved in establishing these local limits. I Member Menesini stated that the District does not have a significant amount of control over this process as it is required by the U.S. EPA and RWQCB. Member Menesini suggested that the District employ education and workshops as a means of achieving compliance. Member Hockett suggested that a promotion such as the one for the overflow prevention device be developed to encourage partnering between the District and the businesses on Local Discharge Limits. Mr. Potter stated that staff tried to approach this process creatively, and took the calculations that were allowed in the guidance documents and developed a tiered approach giving permitted businesses a higher allocation in an effort to assist them in meeting the limits. The permit fee is a discretionary decision of the Board. Staff proceeded with the permit fee adopted by the Board to give all businesses a level playing field rather than charging some businesses and not others. I Mr. Potter stated that the proposed changes resulting from the District Local Discharge Limits study represent a significant modification to the District's pretreatment program. Staff would intend to send an informational letter to businesses in the District's service area that are affected by the proposed changes. Then the formal review and approval process required by the federal rules will be initiated and the report will be sent to the RWQCB and U.S. EPA for review and approval. The review process by the RWQCB and U.S. EPA could take more than one year. There is a formal public notice and comment process as part of the RWQCB and U.S. EPA approval process. The document will then be returned to the District for final adoption by the District Board of Directors. Staff will conduct informational workshops for affected businesses, and the final adoption will involve a public notice and comment period. After adoption, staff will work with businesses on compliance and enforcement of the modified Local District Limits. 12-2-04 --.----. ---------------.-.---.-- -----------.- .-.-.-- 106 2) President Lucey again expressed concern that the District Board of Directors does not have a true voice in development and approval of the Local Discharge Limits until well after review and approval by the RWQCB and U.S. EPA. Mr. Batts stated that staff shares the Board's sense of frustration with the process. These numbers are generated from a U.S. EPA model. While the District can control some of the assumptions, the model is fixed. Staff can come back to the Board and discuss how staff can work with businesses on implementation of Best Management Practices. The Board's direction to staff up to this point has been to recover actual costs in fees charged to industry. That can be changed. In the final analysis, the District must meet permit numbers in the District NPDES permit. Mr. Aim, Counsel for the District, stated that what has been put before the Board today is the standard method of dealing with Local Discharge Limit calculations. If the Board is uncomfortable with this, research can be done to determine if there are any exceptions or any modifications to the calculations that can be done to provide the Board with an alternative for going forward. However, what is currently before the Board is the standard process for establishing Local Discharge Limits. President Lucey thanked Mr. Aim, stating that the explanation and the Board discussion were helpful. Mr. Batts, General Manager, stated that as previously reported to the Board, the regulatory focus for the moment has switched from greater treatment to collection system overflows. As a result of the collaboration between the Regional Water Quality Control Board (RWQCB) and local agencies, a resolution was passed in October 2003 setting the stage for actions to be taken by collection system owners such as the District to protect against unwarranted penalties for Sanitary Sewer Overflows (SSOs). Training sessions were recently conducted for collection system operators and managers in the Bay Area outlining these measures. Field Operations Superintendent Bill Echols was one of the trainers. Subsequent steps for National Pollutant Discharge Elimination System (NPDES) dischargers have also been initiated. The first of those steps, a new requirement for monitoring and reporting of SSOs, began on December 1, 2004. All publicly owned collection systems must report any overflows greater than 100 gallons to the RWQCB using their electronic web-based system. The 100-gallon reporting threshold has been the District's permit requirement for many years, in contrast to most agencies having a reporting threshold of 1,000 gallons. The State Water Resources Control Board has also been involved with this issue, and on November 17, 2004, passed a resolution similar to that of the local RWQCB. A copy of that resolution was distributed. Mr. Batts stated that at a future Board meeting, staff will update the Board on the status of the SSO regulatory process and the measures taken by the District. 3) Mr. Batts, General Manager, announced that Household Hazardous Waste (HHW) Supervisor Elaine Jacobs and HHW Senior Technician David Wyatt recently traveled out of state to audit Philips Services household hazardous waste facilities. Ms. Jacobs and Mr. Wyatt inspected waste processing and disposal facilities operated by Philips Services Corporation in Kansas and Washington. The last audit of Philips' facilities was conducted four years ago. The Philips Services contract with the District for HHW transportation and disposal expires in September 2005. The contract provides for a one-year extension. The audit was conducted to provide a basis for making a recommendation whether or not to extend the contract. Staff will review the audit and make a recommendation to the Board Household Hazardous Waste Committee early next year. 12-2-04 I I I I I I b. c. d. 107 4) Mr. Batts, General Manager, announced that Senior Household Hazardous Waste Technician James Minor will be attending the annual conference of the North American Hazardous Materials Management Association in Miami in December. This conference includes sessions on dental best management practices, handling mercury wastes, recycling paint, changes to waste transportation regulations, and other topics of interest to the District. Funds for this training were included in the District Training and Conference budget. COUNSEL FOR THE DISTRICT 1) Mr. Kenton L. Aim, Counsel for the District, stated that he was asked to make a report on Proposition 59 that deals with access to government information. Mr. Aim stated that Proposition 59 does not change things dramatically. It does in large measure freeze the ability to modify the current legislative structure with regard to the Brown Act and public access to documents. Mr. Aim distributed and summarized a memorandum analyzing Proposition 59. Following discussion, the Board thanked Mr. Aim for his report. SECRETARY OF THE DISTRICT 1) Ms. Joyce E. Murphy, Secretary of the District, thanked President Lucey for his comments and the Members of the Board who were able to attend the Annual Services Awards luncheon. As always it was a wonderful event recognizing the hard work and commitment of employees. It was also a pleasure to recognize Member Boneysteele for his 35 years of service to the District. 2) Ms. Murphy, Secretary of the District announced that there will be a vacancy for Special District representative to the Local Agency Formation Commission (LAFCO). Ms. Murphy distributed a packet of information and indicated that the deadline for nominations is Friday, January 7, 2005, and the election will be held at 9:30 a.m. on Monday, January 24, 2005 prior to the Contra Costa Special Districts Association meeting. BOARD MEMBERS 1 ) Member Menesini, Chair of the Outreach Committee, reported that he and Member Nejedly met with staff on November 23, 2004. Member Menesini distributed and reviewed notes from the November 23,2004 Outreach Committee at which major topics of discussion included the Dental Inventory Program outreach materials, the Local Discharge Limits outreach approach discussed earlier in the meeting today, the proposed letter to Patterson Boulevard residents concerning delay in paving requested by the City of Pleasant Hill, the Quarterly Community Outreach Report, and an update on student education programs. Staff was asked to convey the Board's thanks to the Collection System Operations (CSO) employees for the excellent work that they do and the outstanding feedback that they receive from customers. Copies of revisions to the Dental Inventory Program outreach materials suggested by the Outreach Committee were distributed for review and input by the full Board. The Board was asked to provide comments as soon as possible. Staff hopes to mail the information by the end of the year. 2) Member Boneysteele, Chair of the Budget and Finance Committee, stated that he and Member Menesini met with staff to discuss financial matters, and review the expenditures. It was moved by Member Boneysteele and seconded by Member Menesini, that the Expenditure List dated December 2, 2004, including Self Insurance Fund Check Nos. 102168-102170, Running Expense Fund 12-2-04 108 Check Nos. 152912-153110, and Sewer Construction Fund Check Nos. 27200-27247, be approved as recommended. There being no objection, the motion was unanimously approved. 3) Member Menesini reported that he and District staff members attended a Local Agency Formation Commission (LAFCO) workshop on December 1, 2004. The workshop focused on Assembly Bill 2838 enacted January 1, 2001, which implemented changes to policies and procedures affecting the organization of local agencies. The workshop provided an overview of the laws and procedures, and the responsibilities of LAFCOs and local agencies. 6. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH E2 CONSULTING ENGINEERS. INC. FOR FLOW MONITORING SERVICES AND AN AGREEMENT WITH TALAVERA AND RICHARDSON FOR PROFESSIONAL ENGINEERING CONSULTING SERVICES. DP 5930 Mr. Batts, General Manager, stated that in 1985 the District conducted flow monitoring that has been the foundation for two collection system master plans and updating the collection system computer model, SNAP (Sewer Network Analysis Program) database. That database is used daily for sizing pipe, capacity evaluations, plan review, and many other functions. This winter, staff proposes to conduct further flow monitoring since there have been many changes to the District service area since 1985 such as new developments, capital improvements, aging pipe, and so on. There have also been improvements in the technology of flow monitoring. The proposed project has two parts: 1) actual flow monitoring and data collection; and 2) incorporation of the data into the collection system computer model, SNAP. Mr. Batts introduced Dr. Gail Chesler, Associate Engineer, who stated that the project before the Board today consists of two parts. The first part involves placement of the hardware in the sewer system and monitoring the flow. Part two, conducted by a separate consultant, involves analyzing and using the resulting data. Dr. Chesler introduced Mr. Nathaniel Morales, a District Co-Op Student, who assisted in this presentation. Dr. Chesler showed an illustration of flow monitors for use in the collection system and described how the flow monitors will work, photographs of flow monitor installation in the field, and rain gauges that will be used to assist in the calculation of rainfall dependent infiltration and inflow. The resulting data will be used to: Calibrate the hydraulic model to better ascertain whether there are capacity limitations; Set treatment plant wet weather expectations; Consider timing of the A-Line Relief Interceptor Project; and Save money by allowing right-timing of pipe installation, right-sizing of pipe, and quantification of infiltration and inflow levels in various parts of the District. This information will allow the District to make better, more cost-effective decisions. There are also regulatory drivers for this project. There are future near-term regulatory requirements of both the Regional Water Quality Control Board (RWQCB) and the State Water Quality Control Board (SWQCB), including flow monitoring on some frequency for all agencies, evaluation of infiltration, and capacity evaluation. All of this work will be done with one criterion in mind, reducing sanitary sewer overflows. Dr. Chesler described the process used for selection of the recommended firms, the qualifications of the firms, and the recommendation that contracts be executed with E2 Consulting Engineers, Inc. and Talavera and Richardson for the Flow Monitoring Study, DP 5930. 12-2-04 - -- ~_._---._----_._------_._-------_.._-_.__..~._._-_.__.-..------.-------.-..---. I I I 109 Member Menesini requested an enlarged, color copy of the map from Dr. Chesler's presentation, showing placement of flow monitors. I Following discussion, it was moved by Member Nejedly and seconded by Member Hockett, that the General Manager be authorized to execute an agreement for an amount not to exceed $240,000 with E2 Consulting Engineers, Inc. for the Flow Monitoring Study, and an agreement with Talavera and Richardson for an amount not to exceed $70,000 for expert consulting on the hydraulic analysis and interpretation of the results of the data gathering. There being no objection, the motion was unanimously approved. b. AUTHORIZE THE SUBSTITUTION OF P & H MORRIS MATERIAL HANDLING. THE LISTED SUBCONTRACTOR, WITH CRANE WORKS. INC.. A CRANE EQUIPMENT SUPPLIER, FOR THE MONORAIL INSTALLATION WORK ON THE PIPING RENOVATIONS AND REPLACEMENT PROJECT. PHASE 2. DP 7208 Mr. Batts, General Manager, stated that the Piping Renovations and Replacement Project, Phase 2, general contractor Kaweah Construction Company has requested substitution of a subcontractor. The listed subcontractor, P & H Morris Material Handling, is unwilling to execute a subcontract agreement with Kaweah Construction Company and refuses to perform. Under California Public Contract Code Section 4107, substitution of a listed subcontractor is permitted when the subcontractor fails to sign a subcontract agreement. District staff has notified P & H Morris Material Handling of the requested substitution and received no written objections. The awarding authority must consent to the subcontractor substitution to effect the change. In the present instance, the consent of the District Board is appropriate and is requested. I It was moved by Member Nejedly and seconded by Member Hockett, that the substitution of the listed subcontractor, P & H Morris Material Handling, with a different crane equipment supplier, Crane Works, Inc. be authorized for the monorail installation work on the Piping Renovations and Replacement Project, Phase 2, DP 7208. There being no objection, the motion was unanimously approved. 7. APPROVAL OF MINUTES a. MINUTES OF NOVEMBER 4, 2004 It was moved by Member Menesini and seconded by Member Hockett, that the minutes of November 4,2004 be approved as presented. There being no objection, the motion was unanimously approved. 8. BUDGET AND FINANCE a. RECEIVE OCTOBER 2004 FINANCIAL STATEMENTS Ms. Deborah Ratcliff, Controller, presented the results of operations and maintenance (O&M) for the month of October 2004, noting that expenditures were $196,000 less than budget, representing a 5.3 percent favorable variance. Year-to-date O&M expenditures were $1.4 million under budget, for a 9.4 percent favorable variance. Year-to-date O&M revenues of $1.4 million were $138,000 greater than budget. I Ms. Ratcliff reported that year-to-date Sewer Construction Fund revenues were $6,266,000 and expenditures were $11,162,000 reducing reserves by $4,896,000. Ms. Ratcliff reported that the District's temporary investments were held in commercial paper, bankers' acceptances, Treasury bills, and the District's Local Agency Investment Fund (LAIF) account. The average yield of the District's LAIF account through October 2004 was 1.89 percent. President Lucey declared that the October 2004 Financial Statements were duly received. 12-2-04 110 9. EMERGENCY SITUATIONS REQUIRING BOARD ACTIONS None 10. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Boneysteele expressed concern that in the consideration of relocation of the Concord Buchanan Field Airport to Acme Landfill property there has been no reference or recognition of the potential impact on the integrity of the District outfall and disruption to airport service that could be required for repair or maintenance of the District outfall. Following discussion, it was the consensus of the Board that a second letter be drafted for review by the Board Real Estate Committee, expressing the District's concern about development of a residential area adjacent to the treatment plant and concern about the impact of anything over the District's outfall. Member Menesini requested a report on Title V air quality compliance reporting. That report will be presented to the Board Budget and Finance Committee. 11. CLOSED SESSION a. PERSONNEL MATTERS This item was taken out of order earlier in the agenda. 12. REPORT OF DISCUSSIONS IN CLOSED SESSION This item was taken out of order earlier in the agenda. 13. ADJOURNMENT There being no further business to come before the Board, President Lucey adjourned the meeting at the hour of 4:25 p.m. ~h-.~ President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 12-2-04 I I I