HomeMy WebLinkAboutBOARD MINUTES 03-20-08
MINUTES OF THE REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD ON MARCH 20, 2008
The District Board of the Central Contra Costa Sanitary District convened in a regular
meeting at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra
Costa, State of California, at 2:00 p.m. on Thursday, March 20, 2008.
President Lucey called the meeting to order and requested that the Secretary call roll.
1. ROLL CALL
PRESENT: Members: Hockett, McGill, Menesini, Nejedly, Lucey
ABSENT: Membeffi: None
a. PLEDGE OF ALLEGIANCE TO THE FLAG
Board and staff joined in the Pledge of Allegiance to the Flag.
2. PUBLIC COMMENTS
Julie Linford, Outcast Cat Help, asked Board Members to consider her proposal to
assist with the District's feral cat problem. She stated that she is working with Contra
Costa County Animal Services on their feral cat problem. Board Members directed her
to work with staff on a possible contract if the relocation efforts of the Community
Concern for Cats are unsuccessful.
3. AWARDS AND COMMENDATIONS
a. PRESENTATION OF SAFETY SUGGESTION OF THE YEAR AWARDS FOR
2007 TO FRANK FAVALORA. SHIFT SUPERVISOR AND DON FREEMAN,
ELECTRICAL TECHNICIAN, BOTH FROM PLANT OPERATIONS
DEPARTMENT
Following a report from Safety and Risk Management Administrator Shari Deutsch,
President Lucey presented the awards to Frank Favalora, Shift Supervisor, who
recommended a safety improvement regarding operating forklifts in enclosed spaces.
Electrical Technician Don Freeman also received an award for a suggestion to install
hinges on certain metal boxes to prevent them from falling.
Book 57 - Page 124
Board Minutes of March 20, 2008
4. CONSENT CALENDAR
It was moved by Member Menesini and seconded by Member Hockett to adopt the
Consent Calendar as recommended. Motion passed by unanimous vote of the Board.
a. Approve expenditures dated March 20, 2008. Reviewed by Budget and Finance
Committee.
b. Approve minutes of February 21, 2008 Board Meeting.
c. Accept the 2007 Annual Report of the Deferred Compensation Plan Advisory
Committee. Reviewed by Budget and Finance Committee.
d. Establish April 17, 2008 as the date for a public hearing regarding a proposed
ordinance to amend the schedule of Capacity Fees.
e. Establish April 17, 2008 as the date for a public hearing regarding a proposed
ordinance to amend the schedule of Environmental and Development-Related
Rates and Charges.
f. Authorize the General Manager to execute a contract with John Bartel for
$40,000 to review the District’s retirement system.
g. Approve a request for emergency withdrawal of funds from the Deferred
Compensation Plan.
5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
None.
6. REPORTS
a. General Manager
1) Report on new Sewer System Overflow Requirements
General Manager James Kelly reported that, on February 20, 2008, the State
Water Resources Control Board set a 2-hour/24-hour notification mandate for
sewer system overflows of any volume that touch the waters of the State. This is
most likely in response to recent events in Marin and other areas.
Book 57 - Page 125
Board Minutes of March 20, 2008
Director of Collection System Operations Bill Brennan presented a report,
comparing the new versus old reporting requirements. The new reporting
requirement applies to any volume of sanitary sewer overflow that discharges to
a drainage channel or reaches surface water, within a two-hour time frame.
Contra Costa County Environmental Health Department and the Regional Water
Quality Control Board must be notified within two hours, with certification to occur
within 24 hours, stating that the prior reporting requirement applied to discharges
over 1,000 gallons. The new requirements went into effect on February 20, 2008
with little or no review, and the District was notified of the changes by Bay Area
Clean Water Agencies (BACWA). Supervisors carry all necessary notification
information with them at all times. He stated that on March 6, 2008, the
California Association of Sanitation Agencies (CASA) requested a meeting with
the State Water Resources Control Board (SWRCB) and the Office of
Emergency Services (OES) to discuss the new notification requirement and to
clarify implementation. Issues to be discussed include what triggers the two-hour
clock; what does the Regional Water Quality Control Board (RWQCB)
certification consist of; and the fact that the OES will receive many more calls
sooner, but with less information.
2) Septic Tank Update
General Manager James Kelly stated that the Board recently requested a report
on the properties being served by septic tanks within or around the District’s
service area. The last septic tank staff report to the Board was presented in
1997, as the District initiated its contractual assessment district program to
financially assist owners of septic tank properties to connect to the public sewer
system.
Principal Engineer Jarred Miyamoto-Mills reported on the septic tank properties,
as well as the number of septic tank conversions that has occurred during the
past ten years.
Properties with septic tanks are located throughout the District, the majority being
in Orinda, Alamo and Danville. There are 450 lots identified as “septic” on the
system map, and also 200 lots in the Alhambra Valley. There are also 1,000
improved properties served by septic tanks in unannexed “islands” or in
peripheral areas inside the Urban Limit Line.
Since 1995, 670 lots have converted from septic to sewer, which is an average of
55 lots per year. Two hundred of these connected as part of the Contractual
Assessment District (CAD) Program from 1997 to 2003.
Mr. Miyamoto-Mills concluded his presentation, stating that staff estimates a total
of 2,100 lots, either within District boundaries or in areas yet to be annexed, are
likely to be converted to sewer service in the future.
Book 57 - Page 126
Board Minutes of March 20, 2008
3) Bay Area Clean Water Agencies (BACWA) Wastewater Operator Training
General Manager James Kelly reported that the District is nearing the end of the
second semester of the successful District Water/Wastewater Operator Training
program.
Communication Services Manager Michael Scahill reported that, in
approximately six weeks, over 80 students will take final exams for the
Wastewater Operator Training Program.
He stated that it is anticipated that close to 50 percent of the 2,000 Wastewater
Operators in the Bay area will be retiring in the next 5 to 10 years. CCCSD alone
expects 8 to 10 retirements in that period.
About two years ago, an ad hoc group of Water/Wastewater agencies in the Bay
Area came together through the California Association of Sanitation Agencies
(CASA) to address the issue. A group led by CCCSD Board Member Barbara
Hockett found that training programs in the Bay area were very limited. Contra
Costa had no training programs. Solano Community College in Fairfield had a
20 year-old Operator Training Program. Local colleges were not interested in
starting such a program until they had some sense of interest in the program.
Any new program would take a minimum of two to three years to develop.
Solano Community College agreed to contract education of Wastewater Training
that could be taught in Contra Costa County. On June 1, 2007, ten area
agencies joined the pilot program (CCCSD, East Bay Municipal Utility District,
Contra Costa Water District, Delta Diablo, Diablo Water, Dublin San Ramon
Services District, Mountain View Sanitary District, West County Sanitary District,
Rodeo Sanitary District, and the City of Livermore).
The cost was $12,000 per class, which included books, for a maximum of 25-30
students. The District contributed $6,000 and offered the Multi-Purpose Room as
a classroom three nights per week for 16 weeks. The District remained the
facilitator/registrar for the classes.
Plans for a third semester will begin in August. Contra Costa and Alameda
Community Colleges are interested in offering classes but money and time
remain an issue.
4) Board Members concurred with the attendance of Member McGill at
California Water Environment Association (CWEA) Conference in
Sacramento on April 15 and 16, 2008.
Book 57 - Page 127
Board Minutes of March 20, 2008
5) Board Members concurred with the attendance of Member McGill at
California Special Districts Association (CSDA) Training (Setting
Direction/Community Leadership) in Sacramento on April 18, 2008.
6) Board Members concurred with the attendance of Member McGill at
California Special Districts Association (CSDA) Training (Role in Finance
and Fiscal Accountability) in Sacramento on May 16, 2008.
7) General Manager James Kelly announced that Board Members are invited
to the Leadership Development Program Project Presentations and
Luncheon in the Multi-Purpose Room on Wednesday, May 14, 2008 from
9:00 a.m. until 1:00 p.m.Award of certificates to the 2007-2008
graduating class will follow the luncheon.
8) General Manager James Kelly announced that the District investigated
sewer odors from a storm drain manhole near the Marriott Hotel in Walnut
Creek. Collections Systems Operations (CSO) and Source Control staff
responded. Staff determined that the District’s sanitary sewer system was
not discharging to the storm drain. CSO blocked the storm drain and
installed a pump to transfer liquid to a nearby manhole. Samples from the
storm drain system indicated some of the water was sewage. A CSO TV
crew confirmed that polluted water was being discharged to the storm
drain system from the hotel storm water sump.
Marriott took measures to control the discharge of contaminated water to
the storm drain system by disabling the stormwater sump pumps and
installing temporary pumps to divert the stormwater contents to the
sanitary sewer sump. CSO removed their emergency response
equipment once these measures were in place.
Source Control issued a Notice of Violation (NOV) under the Clean Water
Program service agreement to record the condition and required the
Marriott to start and document corrective action. Marriott staff stated their
commitment to resolving this situation. City of Walnut Creek staff has met
with Marriott staff; City staff are responsible for following Marriott’s
corrective actions and any enforcement actions.
9) General Manager James Kelly announced that 28 District staff members
plan to attend the Annual California Water Environmental Association
(CWEA) Conference in Sacramento, California from April 13 through April
16, 2008. This is the major State conference and equipment show geared
to the specific needs of California in the field of wastewater. Twelve
employees will be making technical presentations.
Book 57 - Page 128
Board Minutes of March 20, 2008
The District has been nominated for several awards including Large
Collection System of the Year, Engineering Achievement Project of the
Year, Mechanical Person of the Year (DeWayne Derrick), Video of the
Year, and the Gizmos and Gadgets Award. Four attendees are either
CWEA committee chairs or moderators for various technical sessions.
The conference also includes a variety of valuable training opportunities in
emergency preparedness, energy management, asset management, and
new constituents of concern.
10) General Manager James Kelly announced that Steve Barnett, a member
of the County Grand Jury, requested an orientation and tour of the District
on Thursday, June 5, 2008 from 1:00 p.m. to 2:30 p.m.
11) General Manager James Kelly announced that, on October 26, 2007,
Tetra Tech, Inc., the United States Environmental Protection Agency
(USEPA)/Regional Water Quality Control Board conducted a compliance
and evaluation inspection. The primary purpose of the inspection was to
determine the accuracy and reliability of the discharger’s self-monitoring
and reporting program. The District received the written inspection report
on March 3, 2008. There were no major findings. All ratings for permits,
records and reports, facility site review, effluent and receiving waters, flow
measurement, self-monitoring program, laboratory, operations and
maintenance, solid waste handling and disposal, and pretreatment were
reported as satisfactory.
12) General Manager James Kelly announced the advertisement of Walnut
Creek Renovations (Phase 6), DP 5972. This project is one of multiple
phases of sewer renovations in Walnut Creek that resulted from the
District-wide video inspection project. The project will reconstruct
approximately 9,100 linear feet of 6- and 8-inch sewer lines within public
right-of-way, private streets, and easements. Both open-cut and pipeburst
methods will be used. Also included is the reconstruction of three short
sewer reaches in Lafayette in coordination with their street paving
program.
The project will be advertised on March 21 and 27, 2008. The bids will be
opened on April 15, 2008. The construction cost is currently estimated at
$2,350,000.
13) General Manager James Kelly announced the advertisement of Wet-
Weather Bypass Improvements (Pre-Load Phase), DP 7241. The project
will be completed in two phases. The main phase of the project will be bid
next year and will provide necessary improvements to the emergency wet
Book 57 - Page 129
Board Minutes of March 20, 2008
weather discharge system. These improvements will include a new gravity
overflow structure and box culvert to discharge directly to Walnut Creek.
Award of the contract will take place at the May 15, 2008 Board Meeting.
The Engineer’s construction cost estimate is $374,000. Construction of
the project should be completed by September 2008.
14) General Manager James Kelly announced that the District will join with
several other agencies (Contra Costa County, U.S. Geological Survey, the
Clean Water Program, and other cities) to acquire current aerial
photography of Contra Costa County. The new imagery will be one-third
higher resolution than in previous years and even better in some cities.
The new elevation contour data will be 2-foot intervals as compared to 10-
foot intervals currently available on Graphic Device Interface (GDI). The
aerial photography will also be flown earlier in the year to have leaf-off
imagery. The District service area should be available on GDI later this
year. The overall contract amount is approximately $500,000 with the
District’s share at $25,000.
15) General Manager James Kelly announced that, on March 12, 2008, the
Local Agency Formation Commission (LAFCO) was scheduled to consider
approval of a Municipal Service Review (MSR) of the District, and other
water and wastewater service providers in Contra Costa County. As part
of the MSR process, LAFCO was considering a revision to the spheres of
influence (SOI) boundaries for the District and several other agencies.
LAFCO postponed approval of the MSR and SOI boundary revisions until
April 9, 2008.
16) General Manager James Kelly announced that, on April 28 and 29, 2008,
training on the “Systematic Development of Informed Consent” (SDIC) will
be conducted by Hans and Annemarie Bleiker from the Institute of
Participatory Management. Staff has been trained on SDIC twice in the
past 20 years. This training has been especially beneficial in helping staff
gain support for the District’s Capital Improvement projects.
Approximately 25 District employees will attend the training. Invitations
have also been extended to Mt. View Sanitary District, Delta Diablo
Sanitary District, and Dublin-San Ramon Service District to attend at a full
cost share. The approximate cost of the training is $10,000 and will be
funded out of the Technical Services Budget.
17) General Manager James Kelly announced that Contra Costa Water
District (CCWD) has submitted an application for a Special Discharge
Permit to dispose of wastewater from a pilot project located at the Bollman
Water Treatment Facility. The goal of the pilot project is to evaluate the
effectiveness of several different treatment technologies for removing
pharmaceutical products from water. The project will be using water that
Book 57 - Page 130
Board Minutes of March 20, 2008
is spiked with pharmaceuticals at strengths found in wastewater, not
source water to a water treatment plant.
President Lucey suggested that the permit request should be reviewed by
the Recycled Water Committee.
18) General Manager James Kelly announced that the District sent a proposal
to the Contra Costa County Sheriff's Office about implementing a
pharmaceutical collection pilot program at the District's Household
Hazardous Waste Collection Facility (HHWCF). Federal rules require that
collection of pharmaceuticals be under the purview of a law enforcement
agency because of the possibility of controlled medication receipt. Under
the proposal, customers would deposit unwanted pharmaceuticals into
HHWCF locked containers. The Sheriff's Office would periodically remove
and dispose of the pharmaceuticals. The District would reimburse the
Sheriff's Office for the cost of disposal. If the Sheriff's Office approves the
proposal, the pilot program would be implemented by June of this year.
The effectiveness and cost of the pilot program would be evaluated after
one year.
19) General Manager James Kelly announced that the San Francisco Bay
Regional Water Quality Control Board held a workshop hearing on
Tuesday, March 11, 2008, to receive testimony on the tentative order for
the Municipal Regional Permit (MRP) to establish standards for the
protection of stormwater quality in the San Francisco Bay Area. The
hearing was established to receive testimony in support of written
comments that were submitted prior to the February 29, 2008 deadline.
No decision was scheduled to occur on the MRP tentative order at the
hearing.
The MRP’s goals are to establish strong standards to protect water quality
that is consistently applied across the greater San Francisco Bay Area.
The MRP proposes requirements to divert sources that have traditionally
been discharged to the storm drain system to the sanitary sewer system.
In addition, the MRP requires dischargers to study the feasibility of
diverting dry season flows and first flush flows from the storm drain system
to the sanitary sewer system. These proposed diversions would increase
the hydraulic loading of the collection system which could cause, or
contribute to, sanitary sewer overflows and increase the pollutant loading
to wastewater treatment plants.
More than 130 speaker cards were submitted to provide testimony during
the hearing. Most of the speakers were from counties and cities that have
storm water programs that would be affected by the MRP. One speaker
from the U.S. Environmental Protection Agency spoke in general support
of the MRP’s scope and specificity. Environmental groups and individual
Book 57 - Page 131
Board Minutes of March 20, 2008
citizens also supported the MRP. BACWA and the District testified that
the proposed diversions of dry season and first flush flows have potential
adverse impacts to wastewater collection and treatment systems since
many of the proposed diversions could be contrary to current sanitary
sewer requirements and National Pollutant Discharge Elimination System
(NPDES) permit requirements.
The Regional Water Quality Control Board (RWQCB) directed its staff to
consider options for addressing the significant concerns expressed during
the hearing including setting up task forces and/or stakeholder workgroups
to resolve the contested issues. The original timeframe for adopting the
MRP was later this spring to have an effective date of July 1, 2008. It is
not clear that the Water Board will be able to meet this target date if they
plan to address the contended items.
20) General Manager James Kelly announced that information regarding the
list of sponsors and the amount of sponsorship costs for the Delta
Discovery program has been compiled at the request of Member Nejedly.
A memo has been provided to Board Members.
President Lucey stated that Communications Services Manager Michael
Scahill has been asked to provide additional information to the Outreach
Committee. When that information has been received and evaluated, the
Committee will develop a recommendation for Board consideration.
21) General Manager James Kelly announced that the District 2008 cost-of-
living salary adjustment will be 2.8 percent.
22) General Manager James Kelly announced that the Grand Jury Tour is
scheduled for June 17, 2008 at 1:30 p.m.
23) General Manager James Kelly announced that there was a bid protest on
the Treatment Plant Site Improvements Project DP 7251. The project was
originally scheduled for award at the March 20, 2008 Board Meeting. All
issues have been resolved and the project is scheduled for award on
April 3, 2008.
Announcements 7-23 were provided as written announcements.
b. COUNSEL FOR THE DISTRICT
1) District Counsel Kent Alm provided an update on recent legal issues on
which he has been working, including the Alhambra Valley Trunk Sewer
project, the Kaiser overflow, Kramer lawsuit, and other legal matters.
Book 57 - Page 132
Board Minutes of March 20, 2008
2) District Counsel Alm reported that he received editorial comments from
Member Hockett on Titles 1, 2, and 5 of the District Code. No other
comments were provided.
c. SECRETARY OF THE DISTRICT
Secretary of the District Elaine Boehme reminded Board Members that Conflict of
Interest Form 700s are due by the end of March.
d. BOARD MEMBERS
1) President Lucey reported on the March 17, 2008 Budget and Finance
Committee meeting and summarized the Action Summary. He stated that
he spoke with Mr. Schrupp and apologized for the delay in processing his
claim. There were no comments from Board Members.
2) Member Hockett reported on her attendance at the March 10 – 12, 2008
CASA Legislative Conference in Washington, D.C.
3) President Lucey reported on the March 13, 2008 Human Resources
Committee Meeting and summarized the Action Summary. There were no
comments from Board Members.
4) Member Menesini reported on the March 18, 2008 Capital Projects
Committee Meeting and summarized the Action Summary. Member
McGill suggested providing an overview of the past twelve months’
projects. There were no other comments from Board Members.
5) Reports on miscellaneous business meetings attended by Board
Members.
Member McGill reported on his attendance at the March 6, 2008 Mayors’
Conference and other miscellaneous meetings.
6) President Lucey requested information regarding the upcoming Contra
Costa Water District election.
7. ENGINEERING
a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT
WITH BKF ENGINEERS WITH A COST CEILING OF $525,000 FOR FIELD
MAPPING, CONTROL, MONUMENT LOCATIONS, AND PROPERTY
DESCRIPTIONS FOR A-LINE EASEMENT ACQUISITION, PHASE 2, DISTRICT
PROJECT 5967
Book 57 - Page 133
Board Minutes of March 20, 2008
General Manager James Kelly stated that, in fiscal year 1985-86, the District purchased
easements from the County along a 16-mile stretch of the old Southern Pacific Railroad
right of way from Monument Boulevard to the San Ramon Pump Station. Since the
location of existing and future District facilities were unclear at that time, the easement
documents allowed for adjustments in the future. With the completion of several major
pipeline construction projects and the pre-designs for future facilities, the District now
has the information necessary to perfect its property rights. As a result of the Walnut
Creek Channel De-silting Project, the District has a cooperative working relationship
with the County through their Assistant Public Works Director. The District feels that it
is a good time to proceed with this important piece of work.
Provisional Senior Engineer Michael Penny gave a presentation on the project history
and the need for consulting help. He showed maps illustrating the location of the
easements and described the corrections needed to the 1985 easements.
He stated that Requests for Proposals were sent out in August 2007, and RBF and BKF
were two companies that were interviewed. BKF was selected. The initial small
contract defined the process to perfect easements with the County. He stated that staff
recommends approving a contract with BKF Engineers to complete the work.
It was moved by Member Hockett and seconded by McGill to authorize the General
Manager to execute an agreement with BKF Engineers with a cost ceiling of $525,000
for field mapping, control, monument locations, and property descriptions for A-Line
Easement Acquisition, Phase 2, District Project 5967. Motion passed by unanimous
vote of the Board.
8. EMERGENCY SITUATIONS REQUIRING BOARD ACTION
None.
9. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS
President Lucey requested information on how the Board has complied with the
requirements of AB 1234 with regard to meeting and conference attendance and
reporting.
10. CLOSED SESSION
The Board recessed at 3:50 p.m. to reconvene in the Caucus Room in Closed Session
to confer with Legal Counsel - Anticipated Litigation - initiation of litigation pursuant to
54956.9(c) - one potential case.
Following the Closed Session, the Board reconvened in the Board Room in open
session at 4:14 p.m.
Book 57 - Page 134
Board Minutes of March 20, 2008
11. REPORT OUT OF CLOSED SESSION
No reports.
12. ADJOURNMENT
There being no further business to come before the Board, President Lucey adjourned
the meeting at 4:15 p.m.
Gerald R. Lucey
President of the Board of Direct rs,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
]
~2 AIJv.e _
Elaine R. Boehme
Secretary of the Central Contra Costa
Sanitary District, County of Contra Costa,
State of California
Book 57 - Page 135