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HomeMy WebLinkAboutBOARD MINUTES 02-03-05 138 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON FEBRUARY 3, 2005 The District Board of the Central Contra Costa Sanitary District convened in 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 February 3, 2005. President Hockett called the meeting to order and requested that the Secretary call roll. I 1. ROLL CALL PRESENT: Members: Menesini, Boneysteele, Lucey, Hockett ABSENT: Members: Nejedly Member Nejedly had advised staff that he would be unable to attend this meeting and had requested to be excused. a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance to the Flag. b. INTRODUCTIONS . INTRODUCE SHAWN BITLE. NEWLY HIRED MAINTENANCE CREW MEMBER I Mr. Shawn Bitle, Maintenance Crew Member I, was introduced and welcomed to the District by President Hockett and the Board of Directors. I . RECOGNIZE GLEN BRADLEY ON HIS PERSONNEL ADVANCEMENT TO MAINTENANCE TECHNICIAN III. MECHANICAL RECOGNIZE DEWAYNE DERRICK ON HIS PERSONNEL ADVANCEMENT TO MAINTENANCE TECHNICIAN III. MECHANICAL . . RECOGNIZE GREG WALKER ON HIS PERSONNEL ADVANCEMENT TO MAINTENANCE TECHNICIAN III. MECHANICAL RECOGNIZE MARK LAFFERTY ON HIS PROMOTION TO MAINTENANCE TECHNICIAN III. MECHANICAL . Messrs. Glen Bradley, DeWayne Derrick, Greg Walker, and Mark Lafferty, Maintenance Technicians III, Mechanical, were introduced and congratulated on their new positions. 2. PUBLIC COMMENTS None 3. AWARDS AND COMMENDATIONS RECEIVE 2004 NATIONAL PURCHASING INSTITUTE'S 9TH ANNUAL ACHIEVEMENT OF EXCELLENCE IN PROCUREMENT AWARD I a. Mr. Charles W. Batts, General Manager, stated that the Achievement of Excellence in Procurement Award Program was established in 1995 by the National Purchasing Institute. The award is earned by those organizations demonstrating excellence in their procurement activities and is based on criteria measuring innovation, professionalism, productivity, electronic procurement, and leadership. The award program is sponsored 2-3-05 139 by several national and state purchasing institutes and organizations. In 2004, 114 agencies received the award, 36 of which are located in California, including the East Bay Municipal Utility District and the Contra Costa Water District. Receiving this award marks the tremendous effort put forth by the District's Purchasing and Materials Services professionals and the leadership of Purchasing and Materials Manager Diane Wagner. I Ms. Diane Wagner, Purchasing and Materials Manager, stated that it is a great pleasure to present this award to the Board. It comes after an intense scrutiny of the District's procurement policies, procedures, and practices. Ms. Wagner recognized the Purchasing and Materials Services staff for their efforts in winning this award, but more importantly for their hard work in improving the District Purchasing policies, procedures, and customer service. Ms. Wagner introduced Senior Buyer Chris Newkirk, Senior Buyer Lilly Amargo, Buyer Anthony Holt, Materials Services Supervisor Warren Gaines, Materials Coordinator Robert Maroon, Materials Coordinator Johnnie Levingston, and Senior Materials Coordinator Greg Ziegler. Ms. Wagner stated that without the support of the Board of Directors, General Manager Charles Batts, and Director of Administration Randy Musgraves, this would not have been possible. President Hockett stated that you can't make a difference unless you have incredible leadership and a cohesive team. President Hockett recognized the efforts and teamwork of the Purchasing and Materials Services staff. 4. CONSENT CALENDAR Following a brief discussion of the length of the leave of absence requested, it was moved by Member Lucey and seconded by President Hockett, that the Consent Calendar, consisting of Items a. through c., be approved as recommended and resolutions adopted as appropriate. I a. The Board was advised of the close out of the Dougherty Tunnel and Trunk Sewer Project, DP 5902. This item was presented for the Board's information. No action was taken. b. A medical leave of absence without pay was authorized for Steve Plunkett, Utility Worker, through March 15, 2005. There being no objection, the motion was approved on the following vote: AYES: Members: Lucey, Hockett, Menesini, Boneysteele NOES: Members: None ABSENT: Members: Nejedly c. Resolution No. 98-020 was rescinded; and Resolution No. 2005-005 was adopted, setting forth the procedures for appointment to and compensation for Board Committees, and reflecting the current committee structure of the District. There being no objection, the motion was approved on the following vote: I AYES: Members: Lucey, Hockett, Menesini, Boneysteele NOES: Members: None ABSENT: Members: Nejedly 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Batts, General Manager, requested that Item 1 O.a., Closed Session, be taken out of order at this time to accommodate Mr. Bob Murray, of Bob Murray and Associates, the 2-3-05 140 recruiter for the position of Secretary of the District. There being no objection, President Hockett proceeded to Item 10.a., Closed Session. 10. CLOSED SESSION a. PERSONNEL MATTERS The closed session was held pursuant to Government Code Section 54957 to discuss personnel matters - public employment. The title of the position to be discussed is Secretary of the District. At 2:07 p.m., President Hockett declared the closed session to discuss personnel matters pursuant to Government Code Section 54957 as noted above. At 2:31 p.m., President Hockett concluded the closed session and reconvened the meeting into open session. 11. REPORT OF DISCUSSIONS IN CLOSED SESSION No decisions were made or votes taken in closed session which require reporting at this time. At this time, President Hockett reverted to the order of the agenda. 6. REPORTS a. GENERAL MANAGER 1) Mr. Batts, General Manager, stated that each year the District is required to publish a notice of commercial and industrial dischargers to the District sewer system that were in significant noncompliance with federal pretreatment requirements and the District's source control requirements. For the year 2004, there were nine industrial users that had significant discharge violations, and two industrial users that had reporting violations. Mr. Batts introduced Mr. Tim Potter, Source Control Program Superintendent, who stated that on an annual basis the District must publish a list in the Contra Costa Times of industrial users in significant noncompliance for the previous calendar year. The format of the report is consistent with prior years, listing businesses separately that fail to meet reporting requirements from those businesses that have actual discharge limit violations. Mr. Potter stated that the following are businesses with discharge quality violations: . Bay Area Rapid Transit, Concord - Concord Maintenance Facility - Discharge limit violations for chromium, copper, lead, and zinc; . Contra Costa Regional Medical Center, Martinez - Discharge limit violation for silver; . Contra Costa Newspapers, Walnut Creek - Discharge limit violation for silver; . Diablo Valley College, Pleasant HiII- Discharge limit violation for mercury, failure to submit required reports and documents within 30 days of due date, and failure to perform compliance sampling; . Kaiser Permanente Medical Center, Walnut Creek - Discharge limit violation for silver, and failure to submit required report within 30 days of due date; . Nu-West Textiles, Concord - Discharge limit violations for total toxic organic (TTO), and oil and grease; 2-3-05 I I I I I I 141 . Oil Express, Martinez - Discharge of hazardous waste (used oil), and failure to protect from slug discharge; . SEG Trucking, Concord - Discharge limit violation for oil and grease; and . Santa Fe Pacific Pipeline, loP. dba Kinder Morgan Energy Partners, North Concord - Discharge limit violation for total petroleum hydrocarbon (diesel), failure to conduct required sampling, and failure to maintain operations and maintenance logs. Discussion followed with regard to the enforcement process, potential liability to the District from that process and indemnity through the Clean Water Program and contract, and the education process and assistance provided to assist industrial users in correcting violations. Mr. Potter stated that the following businesses have reporting violations: . Contra Costa Radiator, Concord - Failure to submit periodic compliance report within 30 days of due date; and . Eagle Marine, Martinez - Failure to submit periodic compliance report within 30 days of due date and failure to respond to a Notice of Violation issued for prior reporting violations. 2) Mr. Batts, General Manager, stated that in 1995 the District signed an agreement with the Golden Rain Foundation and the 13 mutuals representing the Rossmoor community to transfer approximately 100,000 linear feet of private sanitary sewers to the District's public sewer system. As part of the transfer process, the private sewers had to be brought up to District standards. These sewer improvements ~ere accomplished in nine construction projects over a 1 O-year period. With the completion of the ninth phase last fall, all of the sewers have been improved and transferred to the District. Mr. Batts introduced Mr. Curtis W. Swanson, Environmental Services Division Manager, who stated that it is a pleasure to give a summary of this 10-year project. In the late 1980's the Rossmoor community approached the District about taking over the private sewer system in Rossmoor. It was felt that the District was in a better position than Rossmoor to take care of the sanitary sewer system. In the early 1990's an agreement was negotiated and a sewer system evaluation study of the Rossmoor sewers was conducted in 1993. From that study the amount of improvements that were needed and the probable costs were determined. The primary deficiency in the Rossmoor sewer system was the lack of access structures such as manholes and rodding inlets. Mr. Swanson provided a summary of the 1993 estimated and completed improvements. Overall the estimate was fairly close to the actual improvement work: 431 manholes and 40 rodding inlets were installed, and 531 feet of spot repairs were made. The one area that was not anticipated was the replacement of 6,117 feet of pipe that was required based on television inspection of the lines. The cost of the ten-year program was $3,570,269, very close to the 1993 estimate of $3,500,000. The Rossmoor improvements were financed through allocation of 20 percent of the Sewer Service Charge paid by the Rossmoor residents plus $1,200 from each connection fee. These funds were maintained in a separate account called the Rossmoor Sewer Improvement account maintained by the District Accounting office. Over the ten-year period $3,659,528 was allocated to the Rossmoor Sewer Improvement account and $3,570,269 was expended leaving a surplus of $89,259 which will revert to the District under the terms of the agreement. In closing, Mr. Swanson acknowledged 2-3-05 142 3) 2-3-05 District staff members (many of them now retired) from every department who assisted with the Rossmoor Sewer Improvement Program. Mr. Batts stated that during this sewer transfer process, the interests of the Rossmoor community were represented by a group known as the Rossmoor Ad Hoc Sewer Transfer Committee. The final meeting of that committee will be held on February 9,2005 at 2:00 p.m. in Rossmoor. District staff and committee members will be celebrating the completion of this important project. District Board Members are invited to attend. I Mr. Batts, General Manager, introduced Mr. James M. Kelly, Director of Operations, who provided reported on the January 19-22, 2005 California Association of Sanitation Agencies (CASA) conference. Handouts from the conference and a written report prepared by Mr. Kelly were distributed to the Board. Mr. Kelly highlighted the State budget and legislative activities, Sanitary Sewer Overflow (SSG) developments, National Pollutant Discharge Elimination System (NPDES) issues, and CASA award winners. With regard to the State budget and legislative matters, Mr. Kelly reported that CASA Executive Director Mike Dillon feels that this is the most honest State budget in over 20 years. There are 40 potential initiatives waiting action. The Ortiz bill is back and there is an alternative good government initiative, the Salinas bill. A ban has been proposed on export of biosolids from one county to another. Another topic of discussion dealt with ways districts can limit liability from Sanitary Sewer Overflows (SSO's). Mr. Kelly highlighted the Tahoe Truckee Sanitary District's award winning program that has been successful at minimizing SSG's. Other awards winners included the Union Sanitary District Operator III Training Program; the San Francisco, East Bay Municipal Utility District, Fairfield-Suisun Sanitary District Program to Preserve Biosolids Land Applications in Solano County; and the Los Angeles County Sanitation District Program to Meet the Chloride TMDL in the Santa Clarita Valley by homeowners voluntarily giving up water softeners in their homes. I Mr. Batts stated that this year CASA will again be scheduling a Spring Washington, D.C. Conference. Based on the success of last year's limited invitee conference, CASA is expanding the participation and encouraging elected officials to attend. Currently Director of Operations James Kelly is scheduled to attend. Mr. Batts asked that interested Board Members make arrangements with the Secretary of the District. The conference is scheduled for Monday, April 4, 2005 through Wednesday, April 6, 2005. Meetings are planned with congressional representatives and agency managers to discuss such issues as renewal of the Clean Water Act, infrastructure funding, biosolids management, effluent blending, Total Maximum Daily Loads (TMDL's), and Sanitary Sewer Overflows (SSO's). Mr. Batts encouraged any Board Member who can attend to do so. President Hockett stated that she will attend. 4) Mr. Batts, General Manager, reported on the quarterly meeting of the Contra Costa Special Districts Association (CCSDA) held on January 24, 2005. Prior to the CCSDA meeting, the election of the special district representative to the Local Agency Formation Commission (LAFCO) was held. There were four nominations: Ironhouse Sanitary District Director Doug Hardcastle, Pleasant Hill Recreation and Park District Director Karen Sue Mitchoff, Discovery Bay Community Services District Director David Piepho, and West County Wastewater District Director George Schmidt. On a second vote, Mr. Schmidt, the current alternate, was elected, with Mr. Piepho being elected as the new alternate. I Mr. Batts reported that topics of discussion at the CCSDA meeting included updates on LAFCO, the County Treasurer Oversight Committee, I 5) 6) 7) 8) I 9) 10) 11) 12) I 13) 143 and Legislative and Mayors Conference reports. There was also a discussion of updating the PowerPoint presentations made last year to LAFCO for use as an informational tool for CCSDA public presentations. CCSDA has not collected dues for a number of years, and it is now requested that dues be collected again mainly for the purpose of preparing a CCSDA newsletter that would highlight issues for and accomplishments of CCSDA. The concern is that as long as these agencies are anonymous to the public, protecting from future funding raids by the State will be more difficult. Mr. Batts, General Manager, introduced Ms. Harriette Heibel, Communication Services Manager, who reviewed and received input from the Board with regard to possible topics for the spring 2005 CCCSD Pipeline newsletter previously distributed to the Board. Mr. Batts, General manager, announced that Director of Engineering Ann Farrell's father recently passed away and she is away from the District. The Board of Directors and staff offered Ms. Farrell their deepest sympathy. Mr. Batts, General Manager, announced that Capital Projects Division Manager Bill Brennan will be using his management education allowance to attend a course in the design and construction of tunnels. This course sponsored by the American Association of Civil Engineers will be held in Scottsdale, Arizona from February 9 through 11, 2005. Mr. Batts, General Manager, announced that the Interim City of Manager of Orinda has requested that the District postpone the presentation to the City Council in February due to a crowded agenda. The presentation will be made in March. Mr. Batts, General Manager, announced that the 2005 Cured-In-Place Pipe (CIPP) Project public workshop was held on the evening of January 25, 2005 at the Orinda City Library. Four District staff members were present and a presentation was available. Unfortunately, despite having sent personal letters inviting 91 residents to the workshop, there was no public attendance at this meeting. Mr. Batts, General Manager, stated that the District Board accepted the Town of Danville's proposal to purchase the District's one-acre parcel next to the Danville maintenance corporation yard. Staff and District Counsel are now working with the Town of Danville to accomplish this transaction. Mr. Batts, General Manager, announced that at the suggestion of President Hockett, the Permit Counter staff is now distributing a Backwater Overflow Prevention Device flyer describing the District's requirement that devices be installed, the benefits to the property owner, and letting the customer know how to have one installed. Copies of the flyer were distributed to the Board. Mr. Batts, General Manager, announced that Source Control and Pollution Prevention Program staff have begun the Dental Mercury Reduction Program with an informational mailing and by holding two workshops for dentists and their staff. The workshops were held on January 25 and February 2, 2005. Mr. Batts, General Manager, stated that the Board will recall that during the last labor contract negotiations, the District agreed to conduct a salary survey for the Management Support/Confidential Group (MS/CG) employees in the second year of the contract. A compensation consultant has been retained to conduct the survey, and will meet with the MS/CG employee committee on February 7 to review the process. The first step 2-3-05 ---------«----------«-----------<------- ---------<- - 144 14) is for employees to review their job classification descriptions for accuracy and content. Supervisors and managers will review and approve any changes. Mr. Batts, General Manager, announced that Associate Engineer Alexandr Mestetsky will be the District representative to witness factory testing of three wet weather and two dry weather pumps for the Lower Orinda Pumping Station. The testing will be done in Taneytown, Maryland during February 2005. Funds were included in the construction project to cover the cost of this travel. I b. COUNSEL FOR THE DISTRICT None c. SECRETARY OF THE DISTRICT 1 ) d. Scheduling an Adjourned Regular Board Meeting to narrow the list of applicants for interview for the position of Secretary of the District was discussed. BOARD MEMBERS 1) 2) President Hockett reported on the Sanitation and Water Agencies of Contra Costa County meeting held on January 27, 2005. The major topic of discussion was the West County Wastewater District lateral replacement program. Member Lucey, Chair of the Budget and Finance Committee, reported that he and President Hockett reviewed the expenditures and found them to be satisfactory. I It was moved by Member Lucey and seconded by President Hockett, that the Expenditure List dated February 3,2005, including Self Insurance Check Nos. 102181-102188, Running Expense Check Nos. 153842- 154120, and Sewer Construction Check Nos. 27356-27411, be approved as recommended. There being no objection, the motion was approved with Member Nejedly being absent. 7. APPROVAL OF MINUTES MINUTES OF ADJOURNED REGULAR MEETING OF JANUARY 13, 2005 a. It was moved by Member Boneysteele and seconded by Member Lucey, that the minutes of the adjourned regular meeting of January 13, 2005 be approved as amended. On page 8, a correction was made to indicate that President Hockett will serve as the representative to the Sanitation and Water Agencies of Contra Costa County, and Member Lucey will serve as the alternate. There being no objection, the motion was approved with Member Nejedly being absent. None 8. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 9. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS I Member Lucey requested that a brief update on the status of the sewer extension to Alhambra Valley be provided at a future Board Meeting. Member Menesini announced that the next Environmental Alliance Discussion Series will feature a discussion of the CalFed Program. All those interested are invited to attend. 2-3-05 -----------.---..----.------.--. -.-.---------..--.-.-------...-.-..-.-...-.------......-...--.-. I I I 145 10. CLOSED SESSION a. PERSONNEL MATTERS This item was taken out of order earlier in the agenda. b. SIGNIFICANT EXPOSURE TO LITIGATION Pursuant to Government Code Section 54956.9(b), a point has been reached where in the opinion of the Board of Directors of the Central Contra Costa Sanitary District, on the advice of its Counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the District. One potential matter is to be discussed. At 3:52 p.m., President Hockett declared the closed session to discuss significant exposure to litigation pursuant to Government Code Section 54956.9(b) as noted above. At 4:04 p.m., President Hockett concluded the closed session and reconvened the meeting into open session. 11. REPORT OF DISCUSSIONS IN CLOSED SESSION No decisions were made or votes taken in closed session which require reporting at this time. 12. ADJOURNMENT There being no further business to come before the Board, President Hockett adjourned the meeting at the hour of 4:04 p.m. -~b~ President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 2-3-05 .... .. ~_. ----. .--...-.----..---- .._-_......_....-._.._-~-_.._- .-....--....--.-...--...--...