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HomeMy WebLinkAboutBOARD MINUTES 09-04-03 24 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON SEPTEMBER 4, 2003 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 September 4, 2003. President Nejedly called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Menesini, Hockett, Boneysteele, Lucey, Nejedly ABSENT: Members: None PLEDGE OF ALLEGIANCE TO THE FLAG a. Board and staff joined in the Pledge of Allegiance to the Flag. 2. PUBLIC COMMENTS None a. 3. AWARDS AND COMMENDATIONS CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA) 2003 PUBLIC OUTREACH/EDUCATION AWARD FOR STUDENT EDUCATION PROGRAMS Mr. Charles W. Batts, General Manager, stated that at the August California Association of Sanitation Agencies (CASA) Conference, the District was honored by receiving the CASA 2003 Public Outreach/Education Award for our Student Education Programs, including the newly developed Water Wizards Program for third to fifth grade classes, the Sewer Science Laboratory Program for high school students, and the Exploring the World of Wastewater Plant Tour Program for grades six through twelve. Mr. Batts introduced Ms. Harriette Heibel, Community Affairs Managers, who stated that this particular award gives her great pleasure to present to the Board. It is from CASA, and while the District has submitted before, this is the first time that we have received the award. CASA is recognizing the District but also the partnership programs that the District has developed. This is also a tribute to the District's fine staff. On behalf of Communication Services staff members Bonnie Lowe, Chris Carpenter, Son Nguyen, and Ken Grubbs, Ms. Heibel presented the CASA 2003 Public Outreach/Education Award for Student Education Programs to President Nejedly and the Board of Directors. President Nejedly accepted the award and commended Communication Services staff on this outstanding achievement. 4. CONSENT CALENDAR It was moved by Member Menesini and seconded by Member Lucey, that the Consent Calendar, consisting of Item a., be approved as recommended. a. The grievance of the Union on behalf of Mr. Ricardo Hernandez, Senior Engineering Assistant, was denied in accordance with the arbitrator's recommendation. Motion unanimously approved on the following vote: 09 04 03 25 AYES: Members: Menesini, Lucey, Hockett, Boneysteele, Nejedly NOES: Members: None ABSENT: Members: None None 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER 6. REPORTS a. GENERAL MANAGER 1) - 2) Mr. Batts, General Manager, provided a brief retirement system update. A recent newspaper article in the Contra Costa Times stated that while the Contra Costa County Employees Retirement Association (CCCERA) earnings were up for the first six months of 2003 at 9.8 percent, the long- term outlook was still bleak for the future funds required by the system. Mr. Batts stated that staff has received the December 31,2002 CCCERA Actuarial Report. Unfortunately the report is not complete in that the actuarial, The Segal Group, had some outstanding questions with the calculations of the previous actuarial. A final report is forthcoming once the reconciliation is done. Staff is reviewing the preliminary numbers and will be meeting with CCCERA staff to confirm their understanding of the District's proposed rates and unfunded liability projection. Mr. Batts stated that staff has discussed the issue of moving to CalPERS with some of the special districts in the County retirement program. The District is requesting a copy of a study now being done at Delta Diablo Sanitation District on the various options offered by CaIPERS. The study should reflect circumstances similar to those of the District. The study will be available early next spring. Mr. Batts, General Manager, stated that a newly-established committee of the Bay Area Clean Water Association (BACW A) is working closely with Regional Water Quality Control Board (RWQCB) staff that are intent on setting up a new permit structure for all of the collection systems in the region. Mr. Bill Echols, Field Operations Superintendent, and Dr. Gail Chesler, Associate Engineer, are actively participating in this committee. The General Waste Discharge Requirement (GWDR) was initially envisioned by Regional Board staff to call out a violation for any sanitary sewer overflow, which is both an unattainable and an unrealistic goal. Mr. Batts introduced Dr. Gail Chesler, Associate Engineer, who provided some history on collection system operations (CSO) and sanitary sewer overflow (SSO) actions locally. For the last several years, there have been beach closures in southern California. The RWQCB, Region 5 for Santa Ana with Orange County and the 27 collection systems that flow to them, developed a General Waste Discharge Requirement (GWDR) considering beach closures, beneficial uses, and economic benefit effects. There was significant, lengthy discussion and workshops, and BACW A testified providing input into the process. Orange County Sanitation District acted as the lead with respect to their GWDR. The San Francisco RWQCB, Region 2, reviewed the Orange County GWDR and others including those written for Folsom and San Diego, incorporating language from Folsom and San Diego GWDR's though it did not apply. The Region 2 RWQCB wants to issue an SSO permit because they believe SSO's are under-reported, there is a perception that other Regions have problems so we must have them too, and there may be budgeting (staffing) implications of having such a program for the Region. Dr. Chesler reported that in the last few years, the BACWA group has 09 04 03 26 09 become a resource for Regional Board staff even though they don't always see eye to eye. There has been controversy with Regional Board staff and BACW A with regard to permits. With regard to the GWDR in 2003, there is no identified impairment of beneficial uses and no defined reason for the imposition of GWDR requirements. BACW A invited Regional Board staff to tour the Central Contra Costa Sanitary District (CCCSD) collection system so they could see what is going on. However, the GWDR in 2003 seemed to be at impasse, so Mr. James M. Kelly, Director of Operations and BACW A Chair, sent a letter to the Regional Board Executive Officer, identifying the problem, clarifying the goal, and presenting a proposed course of action including reporting and workshops. The Regional Board liked the proposed approach. Dr. Chesler introduced Mr. Bill Echols, Field Operations Superintendent, who reported on current activities by Regional Board staff and the new BACW A Committee. The BACW A Committee met to finalize the draft proposal and work plan. It is hoped that the Regional Board will endorse the proposal. The proposal includes a standardized reporting form much like the one used by CCCSD; it defines the necessary parts of a Sewer System Management Plan (SSMP) such as capacity, renovation, operations and maintenance; and it provides for training for collection systems operators for public owned treatment works (POTWs) and cities so there is uniformity. Mr. Echols stated that the Regional Board will consider and hopefully endorse the proposal on October 15, 2003. The next required step by the Regional Board is reconsideration in three years. By that time it is hoped that there will be enough data for the Regional Board to make informed decisions. Mr. Echols stated that the process has been good so far. This is the first time the Regional Board has let a group like BACW A help develop regulations. It is expected that CCCSD and other agencies will conduct/lead workshops. This will increase the focus on reporting for others. There will be careful attention regarding "preventable" overflows, particularly repeat overflows. There will be an increase in analysis of data by staff regarding cleaning and overflows. Engineering, with assistance from CSO, will write an SSMP. Dr. Chesler stated that there are remaining issues both nationally and locally. The issue of "affirmative defense" remains. Regional Board staff and others believe that all overflows are controllable. Zero may be included as the acceptable number in the ultimate requirement. Mr. Echols stated that the cost to reach zero for maintenance is impossible for agencies since zero overflows are impossible to achieve. Mr. Echols stated that he thinks that the Regional Board staff may be starting to move away from that a little, in part because of the collection system tour. Dr. Chesler stated that through this effort, we gained an opportunity to identify the problems and come up with a good solution. The costs to provide good data for good decision making will be shared by BACW A agencies, of which CCCSD is one. While there are no guarantees of a good result as the Regional Board continues down this path, the result with which we now work may be about as good as it can get. Discussion followed with regard to continuity and the institutional memory of the Regional Board, and the potential for citizen suit litigation with regard to sanitary sewer overflows (SSOs). President Nejedly thanked Dr. Chesler and Mr. Echols for their report. 3) Mr. Batts, General Manager, announced that advertisement for the Collection System Operations Paving Project has been delayed. 04 0, '",~ '0 4) 5) 27 Mr. Batts, General Manager, announced that the Purchasing Division will be soliciting quotations for vehicles budgeted in the 2003-2004 Equipment Budget. Eleven vehicles will be purchased with a total estimated cost of $292,000. Vehicles include one hybrid sedan, five half-ton pickup trucks, three three-quarter ton pickup trucks, one minivan, and a flatbed truck. Mr. Batts, General Manager, stated that the District has agreements with the homeowners impacted by the St. Stephens slide. The homeowners have solicited bids from contractors. The Department of Fish and Game has received the permit application from the homeowners. The low bidder, Yeghoian, has not committed to do the St. Stephens slide repair job or provide a firm schedule. The homeowners are considering the second low bidder, and getting costs on replacing the storm drain. 6) Mr. Batts, General Manager, stated that under the conditions of approval imposed by the City of San Ramon on the San Ramon Pumping Station Improvements Project, the District is required to perform both a baseline odor study prior to construction and follow up odor panel when construction is completed. The measurement of odor is accomplished by using a panel of people, exposing them to samples in various dilutions, and then calculating an odor value which is represented as dilution to threshold measurements. The initial baseline study was completed in August, September and October 2001 and involved both the general neighborhood and the pumping station. Twelve people were recruited from the neighborhood around the pumping station. At that time, 200 letters were sent out. An attempt will be made to recruit the same twelve individuals. In addition, 180 letters were sent to the neighborhood last week to ensure having enough volunteers for a panel. The target dates for this portion of the work are September 27 or October 4, 2003. 7) Mr. Batts, General Manager, announced that Dr. Gail Chesler, Associate Engineer, will be attending a two-day specialty workshop about grease control programs for collection systems that will be held in Bellevue, Washington on September 30 and October 1. Dr. Chesler is developing a comprehensive grease control program for the District. Attendance at this workshop was included as a line item in the 2003-2004 Training Budget. 8) Mr. Batts, General Manager, stated that two internal audits are being recommended for the 2003-2004 fiscal year. They are the Payroll process, and the Concord O&M and Capital billing procedures. This item was discussed with the Board Budget and Finance Committee and they concur with the recommended audit areas. 9) Mr. Batts, General Manager, stated that several months ago the District Board Household Hazardous Waste Committee met with representatives of the Central Contra Costa Solid Waste Authority (CCCSWA) to discuss the possibility of the District co-sponsoring one additional annual mobile collection event. The District budgeted for only one mobile collection event in San Ramon for 2003-2004. CCCSWA is interested in having a second event to be held in the Walnut Creek/Rossmoor area, and they have proposed funding it at the 65 percent level. CCCSW A Board Members Sue Rainey and Erling Horn will be coming to the September 18 Board meeting to make a presentation. The District Board had requested a summary of mobile collection event costs, which was distributed at the July 17 Board Meeting. Mr. Batts distributed another copy of that information and requested that the Board advise staff if additional information is needed prior to the September 18 Board Meeting. 10) Mr. Batts, General Manager, reported that there was another explosive material incident at the Household Hazardous Waste Collection Facility (HHWCF) late Friday, August 29, right before the Labor Day weekend. Around 4:00 p.m., a van delivered a full load of laboratory chemicals, 09 04 03 28 b. paints, and debris to the HHWCF. The deliveryman was working for a real estate company that was cleaning out a foreclosed house in Walnut Creek. Upon inspection, District staff found five jars of picric acid varying in size from half pint to quart. Picric acid is highly unstable and potentially explosive. The Contra Costa County Sheriffs Department and HazMat were immediately contacted. The Alameda County Bomb Squad arrived at approximately 7:45 p.m. The Bomb Squad did not have adequate explosives to blow up the relatively large quantities of picric acid so they removed the chemical at approximately 9:45 p.m. The remaining material from the van filled 15 carts. It was sorted by District staff and Philip's staff on Saturday and Tuesday and removed offsite by Philips on Wednesday, September 3, 2003. The District plans to bill Equity Capital Real Estate $3,960, the small business rate for disposal of the material plus a labor charge for a chemist to evaluate the remaining material, because District staff was working to cover the normal HHWCF business. 11 ) Mr. Batts, General Manager, announced that staff intends to advertise for bids for the Collection System Operations Division (CSOD) Fuel System Modifications Project, DP 8201. Over the last several years, projects have been completed to upgrade the underground fuel storage tanks and piping at CSO. The last annual inspection found deficiencies in the underground storage tanks. Upcoming regulations effective December 2003, require that the District provide additional under-dispenser containment. The existing fuel pumps and associated piping will be removed and replaced to comply with current regulations. The two underground storage tanks will be replaced by one split tank. A new dispensing system will replace the existing system. During modifications, CSOD will use alternative fueling stations, including the County fueling station, the City of Walnut Creek corporation yard, and commercial gas stations. The work is expected to take approximately 75 days to complete. The project will be bid, and Notice to Proceed is expected to be issued approximately October 6, 2003. The engineer's estimate for construction is $250,000. 12) Mr. Batts, General Manager, reported that the Contra Costa Economic Partnership has selected Central San's Permit Counter to receive First Place in their "Smart Permitting - Contra Costa Awards" for 2003. The Contra Costa Economic Partnership is a coalition of business, government and education leaders dedicated to retaining and creating quality jobs for Contra Costa County. One of the Partnership's programs is to advocate streamlining and best management practices in permitting for businesses. It is particularly gratifying to be selected for this award because it was completely unsolicited. The Partnership used a "Mystery Shopper" to secretly evaluate the customer friendliness of 23 cities and other jurisdictions including special districts, and rated Central San number one! The award will be presented at the Partnership's Annual Board of Directors Dinner on September 25, 2003. If any Board Member wishes to attend, please contract the Secretary of the District. Congratulations to Supervising Engineering Assistant Kurt Darner and Permit Counter staff on this remarkable achievement. 13) Mr. Batts, General Manager, announced that the District's Laboratory received an Honorable Mention Award for Metal Architecture from their trade publication. Copies of the article were distributed to the Board. 14) Mr. Batts, General Manager, announced that the District received its fifth payment of $18,176 for the energy savings on the Lighting Efficiency Retrofit Project that was part of the Success Sharing Program. COUNSEL FOR THE DISTRICT fie) \iJ ';j) 1) Mr. Kenton lo Aim, Counsel for the District, announced the status of Vine Hill Investments property adjacent to the treatment plant that was being 041 A""">. r~, (i ¡~ \,). 17 \"i},',' ,"~ÌI,' ;;"! f!.,.W 29 offered for sale. Possible purchase of this property had been discussed with the Board. Appraisers were contacted; but prior to going forward with the appraisal, Mr. Aim contacted the attorney for Vine Hill Investments to determine there was a sale pending and how quickly the sale was expected to close. Mr. Aim stated that he was told there is a contract that will close at the end of next week, before the District could have the appraisal done. If the sale does not close, Mr. Aim stated that he will proceed with the appraisal. SECRETARY OF THE DISTRICT c. 1) Ms. Joyce E. Murphy, Secretary of the District, announced that a light luncheon will be held prior to the Board Meeting on September 18, 2003 at 12:30 p.m. in the District's Multipurpose Room, to recognize Pollution Prevention Award recipients. d. BOARD MEMBERS 1) Member Menesini distributed and reviewed the notes from the informal session he and Member Boneysteele attended to receive an overview of District computer systems. Member Menesini stated that the nature of the computer system overview was outstanding. Member Menesini commended Public Information and Graphics Supervisor Ken Grubbs, Senior Control Systems Engineer Garth Williams, and MIS Administrator Mark Greenawalt on their work, knowledge, and abilities. Member Boneysteele discussed the District's organization chart as it relates to the distributed computer systems for specific functions and the coordination required. Member Boneysteele also commended staff on their efforts. 7. ADMINISTRATIVE a. ADOPT A RESOLUTION AMENDING EXHIBIT A, DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES OF THE DISTRICT CONFLICT OF INTEREST CODE Mr. Batts, General Manager, stated that each year a review is made of the list of designated positions required to file annual disclosure statements pursuant to the Political Reform Act and the District's Conflict of Interest Code. Amendments are presented for Board consideration based on any changed circumstances such as creation of new positions, deletion of positions or changes in duties assigned to existing positions. This year, with the elimination of the Safety and Risk Manager position and the creation of the Safety and Risk Management Administrator position, there is a need to update the list of designated positions. Staff recommends adoption of the proposed resolution amending that list. It was moved by Member Hockett and seconded by Member Menesini, that Resolution No. 2003-061 be adopted, amending Exhibit A, Designated Positions and Disclosure Categories of the Central Contra Costa Sanitary District Conflict of Interest Code; and that the Secretary of the District be authorized to submit a copy of the code amendment to the Contra Costa County Board of Supervisors for approval. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Menesini, Boneysteele, Lucey, Nejedly None None 09 04 03 30 b. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A CONTRACT WITH PAPERTHIN. INC. FOR A WEBSITE CONTENT MANAGEMENT SYSTEM Mr. Batts, General Manager, stated that the information and data displayed on the District's Intranet and Internet sites has been developed and maintained by the Communication Services staff. These websites were developed in-house using minimal web site software. Over the years, both of these sites have grown. It is taking more time to keep these sites current and to expand them as their use grows. While MIS handles the technical end, namely hardware and network-related issues, Communication Services continues to act as the sole gatekeepers, and creates and inputs all of the information on the websites. The purchase of this content management software system was included in the Information Technology component of the Capital Improvement Budget, and approved by the Board of Directors during the 2003-2004 Capital Improvement Budget review. The total cost of this contract is $60,000, which includes purchase and installation of software, training, first year's support, and a 10 percent contingency reserve. Staff recently reviewed this software application during the computer system overview reported on earlier in the agenda. It was moved by Member Hockett and seconded by Member Menesini, that the General Manager be authorized to execute a contract with PaperThin, Inc., in an amount not to exceed $60,000 for the purpose and implementation of a Website Content Management System. There being no objection, the motion was unanimously approved. 8. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A SOLE SOURCE PURCHASE OF SIX CORNELL PUMPS. AND SPARE PARTS FOR THE MORAGA AND ORINDA CROSSROADS PUMPING STATIONS FOR AN AMOUN~OT TO ~XCE§L$325.000 Mr. Batts, General Manager, stated that at the last Board Meeting on August 21,2003, the Board was advised of the initial results of the Cornell pump vibration test at the Orinda Crossroads Pumping Station. These results were favorable with the vibration well below the specification of 0.3 inches per second peak velocity. A second more extensive test was conducted on August 28, and the results varied with two points of the eight tests exceeding the specification. The highest number measured was 0.38 inches per second peak velocity at the very high rpm. While substantially better performance than the Morris pumps, there is some concern. On Friday, September 5, 2003, the Cornell representative will be on site to check the bolts, inspect the pump internals, and make any adjustments. A third test will immediately follow. Mr. Batts requested that the Board defer action pending successful completion of testing. Following discussion, it was moved by Member Menesini and seconded by President Nejedly, that this item be tabled until such time the pumps have successfully completed vibration testing. There being no objection, the motion was unanimously approved. 9. APPROVAL OF MINUTES a. MINUTES OF AUGUST 7.2003 It was moved by Member Hockett and seconded by Member Menesini, that the minutes of August 7,2003, be approved as presented. There being no objection, the motion was unanimously approved. 10. APPROVAL OF EXPENDITURES EXPENDITURE LIST DATED SEPTEMBER 4. 2003 a. Member Lucey, Chair of the Budget and Finance Committee, stated that he and President Nejedly reviewed the expenditures. 09 0& "'¡- tft~ "í~) U~.J 31 It was moved by Member Lucey and seconded by President Nejedly, that the Expenditure List dated September 4, 2003, including Self Insurance Check Nos. 102039-102044, Running Expense Check Nos. 146196-146479, and Sewer Construction Check Nos. 25900-26000, be approved as recommended. There being no objection, the motion was unanimously approved. 11. BUDGET AND FINANCE a. REVIEW AND APPROVE STATEMENT OF INVESTMENT POLICY Mr. Batts, General Manager, stated that the District's Investment Policy must be reviewed and approved annually by the Board of Directors in accordance with Government Code Section 53646. Mr. Batts introduced Ms. Deborah Ratcliff, Controller, who stated that currently no changes are being suggested to the District Investment Policy. However, at the last California Association of Sanitation Agencies (CASA) meeting there was a section on agency financing. Six agencies participated in the presentation, discussing debt financing, how budgets are presented, five-year plans, and investments and investment policy. Ms. Ratcliff stated that she will be calling several of those agencies requesting copies of their investment policy and investments. Should there be anything of interest to the District, staff will report back to the Board. Ms. Ratcliff stated that in any case she will be keeping the District's investment goals of liquidity and safety in mind. It was moved by Member Hockett and seconded by Member Menesini, that the District's Statement of Investment Policy be approved. There being no objection, the motion was unanimously approved. b. ADOPT A RESOLUTION ESTABLISHING THE 2003-2004 APPROPRIATIONS LIMIT IN ACCORDANCE WITH ARTICLE XIII B OF THE CALIFORNIA CONSTITUTION Mr. Batts, General Manager, stated that the appropriations limit is increased annually by a factor comprised of the change in population combined with either the change in California per capita personal income or the change in the local assessment roll due to local nonresidential construction. Staff recommends using the change in local assessment roll to calculate the appropriations limit. It was moved by Member Hockett and seconded by Member Menesini, that Resolution No. 2003-062 be adopted, establishing the Sewer Construction Fund appropriations limit in the amount of $55,976,615 for the 2003-2004 fiscal year, in accordance with Article XIII B of the California Constitution, selecting the change in the local assessment roll due to local nonresidential construction for use in computing the appropriations limit. There being no objection, the motion was unanimously approved. RECEIVE JULY 2003 FINANCIAL STATEMENTS c. Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance (O&M) for the month of July 2003, noting that expenditures were $317,000 less than budget, representing a 9 percent favorable variance. O&M revenues for the month of July 2003 were $131,000, $20,000 greater than budget. Ms. Ratcliff reported that July 2003 Sewer Construction Fund revenues were $973,000 and expenditures were $1.7 million, cutting into reserves by $781,000. Ms. Ratcliff noted that these figures are net of Dougherty Valley expenses and reimbursements. Ms. Ratcliff reported that the District's temporary investments were held in commercial paper and the District's Local Agency Investment Fund (LAIF) account. The average yield of the District's LAIF account was 1.65 percent. President Nejedly declared that the July 2003 Financial Statements were duly received. 09 04 03 32 12. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 13. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS None 14. CLOSED SESSION a. INITIATION OF LITIGATION Pursuant to Government Code Section 54956.9(c), on the advice of Counsel based on existing facts and circumstances, the Board of Directors of the Central Contra Costa Sanitary District has decided or is deciding whether to initiate litigation. One potential matter was discussed. The second potential matter listed on the agenda was not discussed. At 3:17 p.m., President Nejedly declared the closed session to discuss initiation of litigation pursuant to Government Code Section 54956.9(c) at noted above. At 3:28 p.m., President Nejedly concluded the closed session and reconvened the meeting into open session. 15. REPORT OF DISCUSSIONS IN CLOSED SESSION Mr. Kenton lo Aim, Counsel for the District, announced that the Board authorized compromising the claim with Winzler & Kelly relating to the Headworks Bypass Improvements Project, DP 7203, with Winzler & Kelly paying an amount of $16,000. 16. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned the meeting at the hour of 3:30 p.m., to reconvene on Monday, September 8,2003, at 2:30 p.m. for a Collection System Operations Board Workshop, at the Collection System Operations Division Conference Room, 1250 Springbrook Road, Walnut Creek, California. Pr Ident of the Board of . ectors, entral Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 09 04 (ÍÀ G:~ V~~