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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