HomeMy WebLinkAboutBOARD MINUTES 02-02-06
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MINUTES OF THE REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD ON FEBRUARY 2, 2006
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 Thursday, February 2, 2006.
President Menesini called the meeting to order and requested that the Secretary call roll.
1. ROLL CALL
PRESENT: Members: Boneysteele (arrived 2:05 p.m.), Hockett, Lucey, Nejedly,
Menesini
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
There were no public comments.
3. CONSENT CALENDAR
It was moved by Member Hockett and seconded by Member Lucey to approve the Consent
Calendar, consisting of Items a. through h. as recommended, to adopt resolutions, and to
authorize recordings. Motion passed by the following vote of the Board:
AYES: Hockett, Lucey, Nejedly, Menesini
NOES: None
ABSENT: Boneysteele
a. Adopt Resolutions 2006-003 and 2006-004 authorizing execution and recording of
quitclaim deeds of sewer easements to J. Thomas and Nancy I. McCarthy; and Peter
M. and Daneel S. Jurichko (District Project No. 213) and authorize staff to record
documents with the Contra Costa County Recorder.
b. Adopt Resolution 2006-005 authorizing execution and recording of quitclaim deed-
easement to Stephen E. Roberts for a sewer easement (District Project No. 4065-
Parcel 4) and authorize staff to record documents with the Contra Costa County
Recorder.
c. Adopt Resolution 2006-006 accepting a grant of easement from Tai Chi Luong and
Dan Liu (District Project No. 4123) and authorize staff to record documents with the
Contra Costa County Recorder.
d.
Accept the contract work performed by California Trenchless, Inc. for the Walnut
Creek Sewer Renovations, Phase 3, District Project No. 5929, and authorize the filing
of the Notice of Completion.
e.
Accept the contract work performed by Power Engineering Contractors for the
Influent Diversion Structure Rehabilitation Project, District Project No. 7209, and
authorize the filing of the Notice of Completion.
f. Accept the contract work performed by Aqua-Science Environmental Toxicology
Consultants for the Bioassay Trailer Improvements Project, District Project No. 7230
and authorize the filing of the Notice of Completion.
Book 54 - Page 95
Board Minutes of February 2, 2006
g. Authorize extension of medical leave of absence without pay for Mark Lafferty,
Maintenance Technician III, Mechanical, through March 2, 2006.
h. Direct staff to secure the services of an arbitrator in accordance with the disciplinary
appeal procedure for general employees.
4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
None.
5. REPORTS
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a. GENERAL MANAGER
1 ) Report of Publication of Notice of Sionificant Noncompliance for 2005
General Manager Charles Batts stated that each year, under federal requirements,
the District must publish a notice of commercial and industrial dischargers to the
District sewer system that were in significant non-compliance with the District's
source control requirements. For calendar year 2005, there were five industrial users
that had significant discharge violations and three industrial users that had reporting
violations.
Source Control Program Superintendent Tim Potter presented a report, stating that
the businesses to be included for discharge quality violations are Diablo Lincoln-
Mercury-Audi-Kia; Kaiser Permanente Medical Center in Walnut Creek; Nu-West
Textiles; Ritz Camera; and San Ramon Regional Medical Center. Businesses to be
included for reporting violations are Eagle Marine; Esco Integrated Manufacturing;
and John Muir Medical Center. He described the violations for each company, and
stated that the list will be published in the Contra Costa Times.
He summarized steps that have been taken to improve communications and assist in I
preventing future violations, including modifying forms to improve clarity.
2) Report on Proposed Statewide Sanitary Sewer Overflow Waste Discharoe
Reauirements
General Manager Charles Batts stated that the State Water Resources Control Board
will hold a workshop on February 8, 2006 to initiate its most significant rule-making
effort in a decade - the Sanitary Sewer Overflow Waste Discharge Requirements
(WDR). The goal of the rule-making effort is primarily to reduce sanitary sewer
overflows and the associated risk to public health.
Director of Operations Jim Kelly presented a report, stating that the purpose of the
waste discharge requirement is to reduce sanitary sewer overflows (SSO's) and the
associated potential health risks. The proposed WDR would create a new state
regulatory permitting program; focus attention on collection systems and SSO's;
frame regulatory enforcement discretion for SSO's; prescribe requirements for
operation/maintenance/management of collection systems; and require statewide
electronic reporting. He stated that the WDR does not protect against third party
lawsuits, nor does it expressly prohibit sanitary sewer overflows.
He stated that the WDR applies to all federal and state agencies, municipalities,
counties, districts, and other public entities that own or operate sanitary sewer
systems that convey to a POTW. The WDR defines SSO's as any overflow, spill,
release, discharge or diversion of untreated wastewater from a sanitary sewer
system, including wastewater backups into buildings and on private property that are
caused by blockages or flow conditions within the publicly-owned portion of a sanitary
sewer. The WDR reporting requirement would change our current requirement of
reporting overflows of 100 gallons and greater to reporting any release. He stated
that in any enforcement action, the state will consider the efforts to contain, control
and clean up the SSO. The WDR requires a Sewer System Management Plan,
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Book 54 - Page 96
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Board Minutes of February 2, 2006
which includes a communication plan and adoption of the Management Plan by the
governing body within two years after the regulation passed. An audit will also be
performed every two years.
With regard to cost analysis, although it likely will not be that much of an increase for
the District because we are already doing much of what the regulations will require,
he stated that the State estimated the cost of the new requirement will be
approximately $70 per household per year. A public hearing is scheduled for
February 8, 2006. He concluded that the impact on the District will be increased
third-party focus and regulatory focus.
President Menesini requested information regarding how the estimated cost was
calculated.
District Counsel Kent Aim confirmed that complying with the regulations does not
protect the District from third-party lawsuits.
President Menesini suggested that an article be included in an upcoming edition of
Pipeline regarding SSO waste discharge requirements.
3) General Manager Charles Batts stated that there are two initial items on
follow-up to the Board's Financial Planning and Policy Workshop: the debt
number presented to the Board of $4 million is the annual figure. The total
District debt is approximately $34 million. He also presented a memo
addressing a question regarding the Sewer Service Charge for the City of
Richmond, indicating that the charge in question of $390 is for a single-family
residence.
4)
General Manager Charles Batts stated that with regard to the purchase of
natural gas, the District recently purchased 400 decatherms per day of natural
gas for January, February, and March of 2006 at an average burner tip price of
$8.96. This price is 26 percent higher than the budged price of $7.11, but
significantly lower than prices have been over the last six months. It appears
that natural gas prices are beginning to soften, and District staff is watching
the market carefully to purchase gas for April thru June and into the future.
Staff has engaged the services of Cameron Raether of Valtech Energy
Management to aid in this effort. Mr. Raether advises major utilities and end-
use customers on market trends and purchasing opportunities.
5)
General Manager Charles Batts stated that, as the Board realizes, District staff
has been negotiating with the National Park Service to acquire a permit to
install the Alhambra Valley Trunk Sewer across a portion of the John Muir
Gravesite. The gravesite is located between Strentzel Lane and Wanda Way.
When the District began meeting with the Park Service in 2004, their staff
seemed favorable toward the project. However, their position toward the trunk
sewer changed with appointment of new management staff last fall. At this
time, District staff and legal counsel feel that we will not be able to obtain a
permit from the Park Service in a timely manner.
Staff proposes to proceed with the acquisition of sewer easements along an
alternative alignment that crosses privately-owned properties to the east. As
could be expected, the owners of these private properties are not pleased with
this proposition, and the necessary easements may have to be acquired
through condemnation.
Last evening, staff also met with interested residents about the process for
extending public sewers into individual neighborhoods in the Alhambra Valley.
This was the second meeting held to discuss the public sewer extensions.
There were 26 residents from 6 neighborhoods in attendance. Based on the
consensus of the attendees, staff plans to hold smaller meetings with property
owners in each neighborhood over the next 3 to 6 months to aid in developing
neighborhood projects.
Book 54 - Page 97
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Board Minutes of February 2, 2006
In response to questions from Member Lucey, Mr. Swanson responded that
the project should still be able to proceed on schedule in the 2006 construction
season.
Member Nejedly inquired whether the Park Service issued a letter denying the
request. Member Lucey agreed that it is important to obtain a formal written
response from the Park Service prior to proceeding. Staff replied that they are
in the process of requesting a formal written response.
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District Counsel Kent Aim stated that the Park Service Legal Counsel
contends that it is primarily a management issue, rather than a legal issue.
Park Service Legal Counsel will not intervene unless the District can
demonstrate clearly that it has existing legal rights. She indicated that, even if
the District were granted rights to use the property, the District would have to
go through the NEPA process, which is similar to CEQA and could take
several months.
General Manager Batts stated that staff will come back to the Board with more
information in an upcoming Board meeting.
General Manager Charles Batts stated that, on Tuesday, January 24, 2006, a
contract inspector for the EPA and Regional Water Quality Control Board
conducted an inspection of the treatment plant. The inspection lasted
approximately two hours and included a tour of the plant and a review of the
operating data. At the conclusion of the visit, the inspector stated that while
they generally find issues at other plants, they identified no issues at the
District. He indicated that they were spending more time at facilities with
compliance or reporting issues, and thus only set aside a minimal amount of
time for the District's inspection. As the Board may recall, the last inspection
in January of 2005 was a three-day inspection and it resulted in no significant
findings or issues for the District.
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7) General Manager Charles Batts announced that the repair of the South Quad
Clarifier No.4 has been started. Kaweah Construction Company has removed
about one half of the concrete bottom slab. Pressure grouting has been
applied to stabilize the center column. Once the center column is stabilized,
the rest of the concrete bottom slab will be removed. Staff has been working
with Kaweah on the technical issues to ensure a complete and proper repair.
The repair work is expected to be completed in April 2006.
8) General Manager Charles Batts announced that Director of Operations Jim
Kelly and Member Barbara Hockett will attend the CAS A Washington D.C.
Conference on March 6 - 8, 2006. This conference provides an opportunity to
meet with legislators and senior officials from EPA and other agencies and to
affect the decision-making process on federal regulatory and budget issues.
Money has been budgeted for Board and staff to attend the conference.
General Manager Charles Batts announced that Senior Engineering Assistant
Alan Siegle will attend training in Direct Digital Controls in Las Vegas, Nevada
on March 6 through 10, 2006. This specialty training provides information
about the specifications, construction, startup, and maintenance of digitally
controlled HVAC systems. This training is applicable to the current HVAC
improvement projects planned for HOB and POD. The training will be funded
from the HVAC Capital Improvement Project.
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10) General Manager Charles Batts announced that, with regard to the
Advertisement for Bids for the Ultraviolet Disinfection Expansion Project, the
project is scheduled to go out to bid in mid-February with an estimated
construction cost of $3 million. More information on this project will be
presented to the Board when it is asked to approve the construction contract.
Book 54 - Page 98
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Board Minutes of February 2, 2006
11) General Manager Charles Batts announced that staff intends to advertise on
February 3, 2006 for proposals for the Reprographic Services contract, which
consists of District wide copying and printing services. This five-year contract
will cover all services provided in the Reprographic Services Center, leasing
and maintenance of the District's copiers at HOB, POD, and CSO, preparation
of outgoing mail and sorting and distribution of incoming mail. The current
contract expires on June 30,2006 and was for $1.6 million for a five-year ,
period.
12)
General Manager Charles Batts stated that the Contra Costa County Health
Services Department is the regulatory agency with oversight responsibility for
the District's HHW Collection Facility. Two representatives of the Health
Services Department conducted routine biannual hazardous waste generator,
business plan, and site inspections on January 27, 2006. There were no
violations reported from this inspection due to the outstanding record of
regulatory compliance at the facility due to the efforts of District staff and Philip
Services.
b. COUNSEL FOR THE DISTRICT
District Counsel Kent Aim stated that the Board will recess to reconvene in closed session
at the conclusion of the meeting.
c. SECRETARY OF THE DISTRICT
None.
d. BOARD OF DIRECTORS
1)
Member Lucey, Chair of the Budget and Finance Committee, reported that he
reviewed the Expenditures and took no exception.
It was moved by Member Lucey and seconded by Member Boneysteele to
approve the Expenditure List dated February 2, 2006, including Self Insurance
Check Nos. 102289 to 102293, Running Expense Check Nos. 159196 to
159329, and Sewer Construction Fund Check Nos. 28367 to 28406 as
recommended. Motion passed by unanimous vote of the Board.
Member Lucey announced that he will abstain on future actions on the
Reprographics contract due to a conflict of interest created by his ownership of
shares in Xerox.
2)
Member Nejedly presented report of the January 24, 2006 Personnel
Committee Meeting. The Board accepted the report without comments.
3)
Member Hockett presented a report of January 19-22, 2006 California
Association of Sanitation Agencies (CASA) Conference, including proposed
legislation regarding the bittering of antifreeze to prevent drinking by animals
and children, and issues related to the condition and maintenance of sewer
laterals.
President Menesini inquired about the CASA-sponsored bill on due process.
District Counsel Kent Aim outlined the intent of the bill, and stated that the
State Board has raised issues regarding the content of the bill. He stated that,
in his opinion, there is still a good chance something may be passed.
4)
President Menesini and Environmental Services Division Manager Curt
Swanson presented a report on the January 23, 2006 Contra Costa Special
Districts Association Meeting, including delta levee maintenance and ethics
training. Member Lucey suggested that the Board wait a few months to
pursue AB 1234 Ethics Training, as law firms are coming up with training
options.
Book 54 - Page 99
Board Minutes of February 2, 2006
6. ENGINEERING
a. AUTHORIZE GENERAL MANAGER TO ENTER INTO AN AGREEMENT WITH
MOUNTAIN VIEW SANITARY DISTRICT FOR CENTRAL CONTRA COSTA
SANITARY DISTRICT TO PROVIDE POLLUTION PREVENTION PROGRAM
SUPPORT
General Manager Charles Batts stated that recently the District was contacted by Mountain
View Sanitary District (MVSD) to inquire if there was willingness to expand the partnership I
to provide support for their pollution prevention program on a contract basis. A part-time
contract employee who recently resigned had previously provided this support. District staff
recommends entering into this partnership since it represents only a small increment to the
District's source control and pollution prevention workload.
Director of Engineering Ann Farrell presented a report, stating that MVSD serves the city of
Martinez and unincorporated parts of Contra Costa County, serving approximately 25,000
people. They have a very small pretreatment program, conducting only 40 inspections per
year. Some pretreatment inspections duplicate CCCSD stormwater inspections. The
agreement provides for full reimbursement costs to the District. She stated that the
agreement would add approximately 2000 hours per year or one full-time equivalent.
It was moved by Member Lucey and seconded by President Menesini to authorize the
General Manager to execute the agreement as recommended, for full cost recovery, with an
estimated budget in 2005-06 of $15,000 and $24,000 in 2006-07. Motion passed by
unanimous vote of the Board.
7. TREATMENT PLANT
a. ADOPT RESOLUTION 2006-007 AUTHORIZING THE GENERAL MANAGER TO
DEPLOY DISTRICT STAFF AND RESOURCES TO AID RECOVERY OF UTILITIES I
IN NEW ORLEANS: APPROVE ASSOCIATED EXPENDITURES: AND AUTHORIZE
EXECUTION OF ANY AGREEMENTS OR RELATED DOCUMENTS IN
CONNECTION THEREWITH
General Manager Charles Batts stated that the District has been working with EBMUD and
other agencies to coordinate a relief effort to assist the Sewerage and Water Board of New
Orleans (SWBNO) to recover from the devastation caused by Hurricanes Rita and Katrina.
The relief effort will provide much-needed assistance to SWBNO and will provide District
staff with valuable experience in disaster response and recovery. Associate Engineer Craig
Mizutani and Shift Supervisor Bruce Dobey recently traveled to New Orleans to see the
devastation, attend planning meetings and to tour the facilities where work would be
performed and where personnel would be housed.
Associate Engineer Craig Mizutani presented a report, describing his recent reconnaissance
visit to New Orleans. He stated that EBMUD is the lead agency in sending staff to New
Orleans, with other agencies participating including Marin Municipal Water District, CCCSD,
Santa Clara Valley Water District, San Francisco Public Utilities Commission, Cleveland,
Cincinatti, and the Water Emergency Response Organization of Orange County.
He stated that an official request for assistance has been received from New Orleans, which
starts the formal process. They requested aid in the areas of water meters, drainage and I
sewerage, water treatment, engineering, and mechanical/electrical/mill workers. He stated
that he and Mr. Dobey met with the SWBNO to discuss the scope of work required, and
toured base camp facilities. They toured various pumping stations throughout New Orleans.
He showed photographs of the camp and pumping stations.
With regard to health and safety, he stated that it is proposed that Dr. Gunderson perform
pre- and post- medical exams for staff and administer vaccinations for Hepatitis A and
Tetanus/Diptheria. There is a paramedic on site at the camp. Security is provided by an
armed SWBNO guard and patrolled by vehicle 24 hours a day.
Book 54 - Page 100
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Board Minutes of February 2, 2006
He stated that 12 staff will be deployed, and two vehicles, with a target departure date of
February 21,2006. Training will be provided prior to departure by EBMUD.
Board Members unanimously expressed support for the deployment of volunteer staff to
New Orleans. Member Lucey stated that he is skeptical that the District will ever receive
reimbursement, but felt that staff should go anyway. Member Boneysteele expressed some
concerns about security. Member Hockett suggested that a documentarian be appointed to
record the experiences and information obtained during the visit.
It was moved by Member Hockett and seconded by Member Nejedly to adopt Resolution
2006-007 authorizing the General Manager to deploy District staff, equipment, and
resources as recommended. Motion passed by unanimous vote of the Board.
8. APPROVAL OF MINUTES
It was moved by Member Hockett and seconded by Member Nejedly to approve the minutes
of January 12, 2006. Motion passed by unanimous vote of the Board.
9. EMERGENCY SITUATIONS REQUIRING BOARD ACTION
None.
10. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS
General Manager Charles Batts stated that, as requested, the Board will be given an update
on the Parks Service property issue.
11. CLOSED SESSION
The Board recessed at 3:40 p.m. to reconvene in Closed Session in the Caucus Room to
confer with Legal Counsel on existing litigation pursuant to Section 54956.9 (a) of the
Government Code - Suzanne Renee Brown vs. Central Contra Costa Sanitary District, et al
- Contra Costa County Superior Court Case No. C05-00416.
12. REPORT OF DISCUSSIONS IN CLOSED SESSION
None.
13. ADJOURNMENT
There being no further business to come before the Board, President Menesini adjourned
the meeting at 4:00 p.m.
~... tee //'-J; ~fl (/Y'7 ~
President of the Board of Directors, .-"
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
GQ~~-
Secretary of the Central Contra Costa
Sanitary District, County of Contra Costa,
State of California
Book 54 - Page 101