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HomeMy WebLinkAboutBOARD MINUTES 11-21-96 189 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON NOVEMBER 21, 1996 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 November 21, 1996. President Menesini called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Rainey, Hockett, Boneysteele, Menesini ABSENT: Members: Dalton Member Dalton entered the meeting at the hour of 2: 17 p.m. 2. PUBLIC COMMENTS None 3. CONSENT CALENDAR It was moved by Member Rainey and seconded by Member Hockett, that the Consent Calendar, consisting of Items a. through e., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution No. 96-157 accepting work and Offers of Dedication from Sheldon Sussman, et ux, Job 5155, Parcel 1, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Rainey, Hockett, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton b. Quitclaim Deeds were approved to Leaning Oak Land Company, LLC, and to Jay Jacobs and Linda Brenton Jacobs, Job 4109; the President of the District Board of Directors and the Secretary of the District were authorized to execute and record said Quitclaim Deeds; and Resolution Nos. 96-158 and 96-159 were adopted to that effect. Motion approved on the following vote: AYES: Members: Rainey, Hockett, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton c. The contract work for the construction of the Martinez Pumping Station Improvements Project (DP 492,2) was accepted, and the filing of the Notice of Completion was authorized. Motion approved on the following vote: 11 21 96 190 None a. AYES: Members: Rainey, Hockett, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton d. The contract work for the construction of the Lakewood Sewer Renovation Project (DP 4805) was accepted, and the filing of the Notice of Completion was authorized. Motion approved on the following vote: AYES: Members: Rainey, Hockett, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton e. The attendance of Mr. William Echols, Maintenance Supervisor, was authorized at the Effective Operation, Maintenance and Management of Wastewater Collection Systems Seminar in Las Vegas, Nevada, December 2-4, 1996 at a cost of $1,000. Motion approved on the following vote: AYES: Members: Rainey, Hockett, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER 5. REPORTS GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that responding to public concern about the discharge of commercial and industrial wastes into San Francisco Bay, the Regional Water Quality Control Board (RWQCB) mandated Source Control Programs on all wastewater utilities in the mid- 1970s. These programs set rigorous discharge standards and provided for enforcement on commercial and industrial customers. Since that time, with the increased involvement of the Environmental Protection Agency (EPA), the regulatory oversight of the District's Source Control Program has grown. When the District receives its annual Source Control evaluation, the RWQCB has consistently given the District high ratings. The EPA has recently taken enforcement action against many dischargers for inadequate programs. EPA is now under new pressure from a group of environmental organizations who have published a report called uDishonorable Discharges, U claiming that the EPA is not doing enough to crack down on commercial and industrial wastes. Mr. Dolan stated that the District regulates more than 6,000 commercial and industrial customers who have the capacity to adversely affect the quality of effluent coming into our Plant. In that group, there has been one type of businesses with which the District and others across the country has had enforcement problems. That is dry cleaners, laundries, and industrial laundries. Mr. Dolan described the cleaning process that can result in water and air quality problems. Member Dalton entered the meeting at the hour of 2: 17 p.m. 11 21 96 191 Mr. Dolan introduced Mr. Tim Potter, Supervising Source Control Inspector, who addressed the Board with regard to Apparel Cleaners, an industrial laundry with dry cleaning service operating in Walnut Creek. Mr. Potter reviewed the background relating to Apparel Cleaners' operations including its customer base, setting,. and sanitary sewer connection. Apparel Cleaners was the subject of an investigation in 1992 involving alleged disposal of perchloroethylene waste to the storm drain. This allegation with analytical data, coupled with a gap in off-haul receipts for ten consecutive months resulted in a successful criminal prosecution by the Contra Costa County District Attorney's Office. As of three months ago, Apparel Cleaners had not paid the complete fine that had been assessed against them during this criminal action. Mr. Potter stated that the District issued a Class II Industrial User Permit to Apparel Cleaners in September 1994. The District initiated a formal enforcement action against Apparel Cleaners in October 1995 for failure to pay the permit fees, limit violations, and other administrative requirements. A fine of $2,500 was assessed. A settlement agreement was reached during a settlement conference between District staff and Apparel Cleaners' partners. The conditions of the agreement included: . Payment of past due permit fees under a seven month payment schedule; . Payment of $500 penalty with $2,000 penalty held in probation pending 12 months of consistent compliance with administrative requirements; and . Operating the facility in compliance with the District Source Control requirements. Mr. Potter stated that after making three of the seven payments and submitting one required report, Apparel Cleaners has not complied with the terms of the settlement agreemeot and has not contacted District staff to explain the circumstances. The District invoked the $2,000 probationary penalty on August 1, 1996 due to Apparel Cleaners' failure to comply with the terms of the settlement agreement. The District has assessed late charges of 10 percent on the past due balance and 1.5 percent monthly penalty, as permitted in the District Code. To date, Apparel Cleaners has not paid the outstanding balance of its account and has not complied with the requirements of the Class II Industrial User Permit. Discussion followed with regard to whether Apparel Cleaners is in compliance with discharge limits, failure of Apparel Cleaners to submit required sampling and reports, failure of Apparel Cleaners to pay permit fees, and the competitive advantage gained by Apparel Cleaners by not complying. Mr. Potter stated that a legal opinion was obtained from District Counsel that presented the remedies available to the District in this matter. Mr. Potter reviewed those remedies. Mr. Potter stated that the goal is to pursue a remedy that will prompt Apparel Cleaners to pay all past due fees, to make all future payments in a timely manner, and to. achieve and maintain compliance with Source Control requirements. Mr. Potter stated that staff believes that the administrative process has been exhausted and future attempts would be futile. Therefore, it is recommended that the District initiate a process to disconnect service to Apparel Cleaners. Mr. Potter proposed that a public hearing be scheduled for the December 19, 1996 Board meeting and that the required notifications be given to Apparel Cleaners. The Board concurred. President Menesini thanked Mr. Potter for his report. 11 21 96 192 2) Mr. Dolan, General Manager-Chief Engineer, invited the Board to attend the District's Holiday Party on Saturday, December 7, 1996, at the Crockett Community Center. 3) Mr. Dolan, General Manager-Chief Engineer, announced that the District is advertising for the Scum System Odor Control Project. The engineer's estimate for this work is $130,000. 4) Mr. Dolan, General Manager-Chief Engineer, announced that Mr. Kenton L. Aim, Counsel for the District, will be attending a final mediation at 4:00 p.m. today in San Francisco with regard to the Acme Landfill litigation; therefore, no closed session will be held at this meeting. Mr. Kenton L. Aim, Counsel for the District, left the meeting at the hour of 3:05 p.m. Mr. Mark Cornelius, Associate Counsel for the District, took Mr. Aim's place at the Board Meeting. b. 5) Mr. Dolan, General Manager-Chief Engineer, announced that this week the Contra Costa County Board of Supervisors voted to approve the second phase of the Shapell project and the first phase of the Windemere project. Central San is the preferred wastewater service provider for both developers. Dublin San Ramon Services District (DSRSD) will provide water and recycled water. The Local Agency Formation Commission (LAFCO) will hold a special meeting on December 18, 1996 to consider Windemere's request for a boundary reorganization so the property can be annexed to Central San and DSRSD. 6) Mr. Dolan, General Manager-Chief Engineer, announced that the District has a copy of the California Association of Sanitation Agencies (CASA) video entitled "How Safe Is Your Money" if anyone is interested in seeing it. The video stresses the importance of safety, liquidity, and yield of investments, and indicates that agencies should have an investment policy. COUNSEL FOR THE DISTRICT None c. SECRETARY OF THE DISTRICT d. 1 ) Following discussion, it was the consensus of the Board that no changes be made to the December Board Meeting dates, but that the January 2, 1 997 and January 16, 1997 Board Meetings be canceled because of conflicts with holidays and the California Association of Sanitation Agencies Annual Work Conference. The Board of Directors will meet on January 9, 1997 and January 23, 1997. Following discussion, it was agreed that reorganization of the Board of Directors be calendared for consideration on January 9, 1997. BOARD MEMBERS 2) 11 21 1 ) Member Rainey announced that she has been appointed to the Contra Costa County Charter Commission. Member Rainey stated that it is planned that the Contra Costa Special Districts Association ad hoc committee will be retained and made a standing committee to provide input and guidance during this process. President Menesini reported that he attended the November 14, 1996 Bay Planning Coalition, San Francisco Decision Makers Conference. Highlights of the presentation by Ms. Ellen Johnck, Executive Director of the Bay Planning Coalition, included the importance of maintaining the Bay Area as a shipping destination and ensuring the environmental and economic viability of that activity, a long-term management strategy for dredged material disposal, and wetland protection. Dr. James Tate, Staff Member of the Senate Environment and Public Works Committee, spoke on the Endangered 96 193 Species Revision Act. Differences between those who wish to preserve the environment and those who wish to have public viewing stations access were discussed. President Menesini stated that the conference was worthwhile and provided information useful to the District. 3) President Menesini reported that the Mr. Timothy G. Rust, of Camp Dresser & McKee spoke on Integrated Resource Management at the November 18, 1996 Environmental Alliance Discussion Series. Mr. Rust stressed the importance of involving the people in the decision making process. 4) Member Hockett announced that Mr. Bob Berggren's father passed away recently. Mr. Berggren is the General Manager of the Pleasant Hill Recreation and Park District. 5) Member Hockett noted the favorable newspaper article on the District's South Orinda Sewer Improvement Project. 6. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH BROWN AND CALDWELL FOR ENGINEERING CONSULTING SERVICES IN CONNECTION. WITH THE TREATMENT PLANT CAPACITY EVALUATION PROJECT (DP 7176) Mr. Dolan, General Manager-Chief Engineer, stated that a report on the proposed Treatment Plant Capacity Evaluation Project was provided at the last Board Meeting. Mr. Dolan stated that the firm of Brown and Caldwell (B&C) designed the Selector Project. B&C has been selected to conduct the technical evaluation on this project because of their expertise and the knowledge and understanding of the process developed on the Selector Project. Mr. Dolan described the selector technology and process. Discussion followed with regard to additional funds included in the Treatment Plant Capacity Evaluation Project for stress testing and oxygen transfer testing on the existing aeration system. In response to questions from the Board, Planning Division Manager Doug Craig stated that on the Selector Project, a formal interview process was used and B&C was selected knowing that if they did a good job on that smaller project they would be a candidate for this project. Mr. Craig stated that staff has a good amount of information on possible capacity bottlenecks, the range of options, and overall Treatment Plant capacity and will guide the consultant. However, staff also believes that the consultant should provide an independent viewpoint in the areas of their expertise. It was moved by Member Rainey and seconded by Member Hockett, that the General Manager-Chief Engineer be authorized to execute an agreement at a cost not to exceed $135,000 with Brown and Caldwell for engineering consulting services on the Treatment Plant Capacity Evaluation Project, DP 7176. There being no objection, the motion was unanimously approved. 7. TREATMENT PLANT a. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH MaéKINLAY, WINNACKER. McNEIL ARCHITECTS FOR THE FINAL DESIGN OF THE PRIMARY BUILDING REMODEL. DP 6095 Mr. Dolan, General Manager-Chief Engineer, stated that MacKinlay, Winnacker, McNeil Architects (MWM) designed the Board Meeting Room facility and the Headquarters Office Building, and they have worked on a number of other District projects. Mr. Dolan introduced Mr. David J. Reindl, Associate Engineer, who provided an overview of the Primary Building Remodel Project. Mr. Reindl stated that three buildings are involved in this project: 1) the Inlet Building; 2) the Influent Pump Building; and 3) the Operations Building. In the original planning study was done in 1987 by Harrison Fox, deficiencies in the shop facility were identified. The project was put on hold pending the Headworks Project because it was originally planned that these buildings would be removed and replaced by the new Headworks Facility. That did not happen however. During the value engineering process and redesign of the Headworks, the Headworks Facility was relocated 11 21 96 194 behind these buildings and the Primary Building Remodel was eliminated from the Headworks Project. Mr. Reindl showed a layout of the existing buildings and described the proposed remodel. The proposed remodel will include structural improvements to meet current seismic guidelines. Mr. Reindl reviewed the estimated project budget, noting that the total project cost is estimated to be $1,255,000. Following discussion, it was moved by Member Rainey and seconded by Member Hockett, that the General Manager-Chief Engineer be authorized to execute an agreement with MacKinlay, Winnacker, McNeil Architects for the final design of the Primary Building Remodèl Project, DP 6095. There being no objection, the motion was unanimously approved. 8. APPROVAL OF EXPENDITURES EXPENDITURE LIST DATED NOVEMBER 21, 1996 a. Member Boneysteele, Chair of the Budget and Finance Committee, stated that he and President Menesini reviewed the expenditures and found them to be satisfactory. It was moved by Member Boneysteele and seconded by President Menesini, that the Expenditure List dated November 21, 1996, including Self-Insurance Check Nos. 101212- 101215, Running Expense Check Nos. 100218-100491, and Sewer Construction Check Nos. 17749-17818, be approved as recommended. There being no objection, the motion was unanimously approved. 9. BUDGET AND FINANCE a. RECEIVE OCTOBER 1996 FINANCIAL STATEMENTS Ms. Deborah Redcliff, Controller, reviewed the results of operations and maintenance expenses for October 1996, noting that expenditures were $92,000 less than budget, representing a 4 percent favorable variance. Year to date, expenditures were $680,000 less than budget, representing a 7.3 percent favorable variance. Operations and maintenance revenues for October 1996 were $1,875,000, 4.6 percent below budget. Ms. Redclitt reported that the District's temporary investments were held in Treasury bills and Treasury notes and the District's Local Agency Investment Fund (LAIF) account with interest rates ranging from 5.16 percent to 6.24 percent. The latest interest rate as of October 1996 was 5.4 percent. The average yield of the LAIF through September 1996 was 5.6 percent. Mr. John Mercurio, Administrative Analyst, presented the 1996-1997 Capital Improvement Budget (CIB) First Quarter Status Report, noting that expenditures were $5.3 million. CIB revenues for the first quarter ended September 1996 were $4.2 million. Mr. Mercurio stated that at June 30, 1997 the Sewer Construction Fund balance is projected to be $48,415,000 less outstanding debt of $24,773,000 for a total projected net balance of $23,642,000. Mr. Mercurio stated that the status of each project is attached to the handout for the Board's information. President Menesini thanked Ms. Redcliff and Mr. Mercurio for their reports and declared that the October 1996 Financial Statements were duly received. 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 11. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Rainey was joined by the Board and staff in commending Member William C. Dalton for his long service to the District, indicating that it has been a pleasure working with him. Member Hockett noted receipt of the information on the East Bay Municipal Utility District (EBMUD)/Central Contra Costa Sanitary District (CCCSD) Recycled Water Project 11 21 96 195 Workshop. Member Hockett stated that she would like to attend the worksho ) but is unable to do so because she works during the day. Member Hockett suggested that consideration be given to holding these events in the evening to accommodate those who work and cannot attend daytime meetings. Mr. Dolan, General Manager-Chief Engineer, thanked Member Hockett for the suggestion and stated that staff will discuss it with EBMUD. 12. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL ON EXISTING LITIGATION PURSUANT TO SUBSECTION fA) SECTION 54956.9 OF THE GOVERNMENT CODE: NAME OF CASE: ACME LANDFILL CORP. V. AL THIN CD MEDICAL INC.. CCCSD. ET AL - U.S. DISTRICT COURT NO. C91-4248 SBA As noted earlier in the agenda, no closed session was held. 13. REPORT OF DISCUSSIONS IN CLOSED SESSION None 14. ADJOURNMENT There being no further business to come before the Board, President Menesini adjourned the meeting at the hour of 4:23 p.m. ~~ President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 11 21 96