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HomeMy WebLinkAboutBOARD MINUTES 04-01-04 187 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON APRIL 1, 2004 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 April 1 , 2004. President Lucey called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Menesini, Boneysteele, Nejedly, Hockett, Lucey ABSENT: Members: None a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance to the Flag. b. INTRODUCTIONS . INTRODUCE DAVID CLAYTON, NEWLY HIRED PLANT OPERATOR I INTRODUCE ROY MANES. NEWLY HIRED PLANT OPERATOR III . INTRODUCE RUSSELL SALVA. NEWLY HIRED MAINTENANCE CREW MEMBER I . Plant Operator I David Clayton, Plant Operator III Roy Manes, and Maintenance Crew Member I Russell Salva were introduced and welcomed to the District by President Lucey and the Board of Directors. 2. PUBLIC COMMENTS None 3. CONSENT CALENDAR It was moved by Member Hockett and seconded by Member Nejedly, that the Consent Calendar, consisting of Items a. through e., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Public sewer improvements and an Offer of Dedication were accepted from Janin Associates for an easement shown on the recorded final map of Subdivision MS 96-702 in the City of Pleasant Hill, Job 5209, Parcel 2; staff was authorized to record the easement acceptances with the Contra Costa County Recorder; and Resolution No. 2004-025 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Nejedly, Menesini, Boneysteele, Lucey None None b. Public sewer improvements and an Offer of Dedication were accepted from Harold Vincent Libbey, Jr. and Cheryl Valerie Abces for an easement shown on the recorded final map of Subdivision 8075 in the unincorporated area of Walnut 04 01 04 188 Creek, Job 5276, Parcel 2; staff was authorized to record the easement acceptances with the Contra Costa County Recorder; and Resolution No. 2004- 026 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Nejedly, Menesini, Boneysteele, Lucey None None Public sewer improvements and an Offer of Dedication were accepted from Focus Realty Services, Inc. for an easement shown on the recorded final map of Subdivision 8126 in the City of Lafayette, Job 5286, Parcel 1; staff was authorized to record the easement acceptances with the Contra Costa County Recorder; and Resolution No. 2004-027 was adopted to that effect. c. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: d. Hockett, Nejedly, Menesini, Boneysteele, Lucey None None The contract work for the Treatment Plant Fire Panel Improvements Project, DP 6155, was accepted and the filing of the Notice of Completion was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Nejedly, Menesini, Boneysteele, Lucey None None The Carmel Court Sewer Renovations Project, DP 5499, was approved for California Environmental Quality Act (CEQA) and permitting purposes, and staff was directed to file a Notice of Exemption with the Contra Costa County Clerk. e. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Nejedly, Menesini, Boneysteele, Lucey None None 4. HEARINGS CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED ORDINANCE TO AMEND DISTRICT CODE SECTION 6.20.300 SCHEDULE OF REIMBURSEMENT FEES. TO ESTABLISH REIMBURSEMENT FEES APPLICABLE TO PROPERTIES THAT ARE TRIBUTARY TO PROJECT 5156. 5252. 5278. OR 5503 SEWERS, OR DIRECTLY CONNECT TO PROJECT 5332,5427,5542 OR 5635 a. Mr. Charles W. Batts, General Manager, stated that every six to twelve months District staff asks the Board to establish Reimbursement Fees for those public main extension projects where installers have submitted the required documentation. Today, the Board 04 01 ~J4 189 will hold a public hearing to consider establishing Reimbursement Fees for each of these projects. Mr. Batts introduced Mr. Paul Seitz, Assistant Engineer, who stated that as properties develop and septic systems fail, developers and homeowners are required to pay the cost of a sewer system extension to those properties. In many cases this can result in sewers to serve other properties. The District has developed a reimbursement system to collect funds when others connect to those systems. Today the Board is being asked to consider three reimbursement accounts for the Lawrence Road, Danville area, and five other reimbursement accounts. Mr. Seitz stated that the remaining five projects are various projects installed in the District by private developers and individuals who installed the sewer to serve their properties. Mr. Seitz described the Lawrence Road, Danville accounts; the Shell Ridge Trail, Walnut Creek account; the Camelia Lane, Lafayette account; the Crestview Court, Orinda account; the Camino Monte Sol, Alamo account, and the South Avenue, Alamo account. Mr. Seitz stated that District staff has reviewed and verified the allowable costs for each account and verified potential connections. Mr. Seitz stated that public notice was given of the hearing today. Individualletlers were sent to installers and owners of the properties. Also public notice was published in the Contra Costa Times as required. Staff recommends adoption of the proposed ordinance establishing the Reimbursement Fees. At 2:12 p.m., President Lucey opened the public hearing to receive comments on a proposed ordinance to amend District Code Section 6.20.300, Schedule of Reimbursement Fees. A letter dated April 1, 2004 from Mr. Paul Bledsoe and a letter dated March 23, 2004 from Mr. Paul Barrett were distributed and reviewed. Mr. Paul Bledsoe, owner of 11 Crestview Court, Orinda, addressed the Board, stating that he is not debating the need for reimbursement, but he is concerned with the formula used in coming up with the cost per residential unit equivalent (RUE). Mr. Bledsoe stated that he has done extensive engineering for the site and some of that was included in the costs and provided to Paul Barrett at no cost. The Reimbursement Fee calculation does not include 13 Crestview Court. Mr. Bledsoe requested that 13 Crestview Court be included in the calculation or that the owners of 13 Crestview Court submit something to the District saying that they will not connect in the future. Mr. Bledsoe stated that the second issue relates to the engineering costs included in the formula. Mr. Bledsoe stated that the engineering work he had done cost $2,000 and that included bringing the drawings in and having District staff approve the drawings. The $11,000 engineering cost included in the calculation seems excessive. Mr. Bledsoe stated that he is willing to hear an explanation as to why the costs were so high. Mr. Bledsoe requested additional time to discuss these issues with District staff. Mr. Seitz stated that the District looks for potential connections. If there is more than one option and there are two or more lines the property could connect to, that property is left out of the calculation. Otherwise, the Reimbursement Fee would be under- collected if the property connected to another line. If 13 Crestview Court does connect to this line in the future, the Reimbursement Fee for Mr. Bledsoe's sewer would be recalculated to include that connection, and the Reimbursement Fee for Mr. Barrett's sewer would be recalculated and reduced. Mr. Bledsoe stated that would be fine. In order to provide an opportunity for Mr. Bledsoe to discuss the engineering cost issue with District staff, President Lucey proposed that consideration of Project 5503, Crestview Court, Orinda, be continued for not more than 60 days. Member Hockett requested that this be brought back as soon as possible to avoid unnecessary delays for the homeowners involved. 04 01 04 190 Mr. Norman King, 10 Crestview Court, Orinda, addressed the Board, expressing support for the Reimbursement Fee. Mr. King asked about a Reimbursement Fee for the sewer line that was previously extended and that is less than 20 years old. Mr. Kenton L. Aim, Counsel for the District, stated that if there was a reimbursement account set up at the time the line was installed, a Reimbursement Fee would be in place and would operate under the rules in effect at the time the Reimbursement Fee was established. District staff would be able to answer questions on that. There being no further comments, President Lucey closed the public hearing at the hour of 2:30 p.m. with regard to all matters except Project 5503, Crestview Court, Orinda, which was continued for not more than 60 days to allow Mr. Bledsoe to meet with District staff to address the questions he raised. It was moved by President Lucey and seconded by Member Nejedly, that Ordinance No. 230 be adopted as amended to exclude Project 5503, amending District Code Section 6.20.300 Schedule of Reimbursement Fees, establishing Reimbursement Fees applicable to properties that are tributary to Project 5156, 5252, or 5278 sewers, or could directly connect to Project 5332, 5427, 5542 or 5635 sewers. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Lucey, Nejedly, Menesini, Boneysteele, Hockett None None 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Item 8.c., Engineering, was taken out of order to accommodate interested persons in the audience. 8. ENGINEERING c. AUTHORIZE THE GENERAL MANAGER TO EXECUTE DRAINAGE RELEASES FOR CONTRA COSTA COUNTY IN CONNECTION WITH PROPOSED SUBDIVISIONS 8738 AND 8839 (e.,LUM ROAD) Mr. Batts, General Manager, stated that the developer of a 26-unit housing project on Blum Road in Martinez has requested that the District provide the County-required drainage releases for its two subdivisions. The project area drains naturally to the District's Lagiss property via a drainage swale on the west side of Blum Road and a culvert under the road. Staff has concluded that the added stormwater discharge will be of minor consequence. The developer has agreed to construct drainage system improvements and provide similar releases for the District from the owners of property on Austin Court. Staff recommends approval of the drainage releases. Mrs. Alice Quigley, 4500 Blum Road, Martinez, stated that she and her husband lease the Lagiss property from the District and run cattle on it. The property at 4510 Blum Road is currently being developed. Mrs. Quigley stated that her experience with the development has been less than positive. Mrs. Quigley requested that the District protect her interests as a tenant of the District's Lagiss property in any drainage improvements that the District's enters into. Mr. Curtis W. Swanson, Environmental Services Division Manager, stated that when the actual construction work is done, staff will work with the tenant and the developer to ensure that there are adequate protections for the Quigley's livestock. Mr. Randall M. Musgraves, Director of Administration, stated that he is aware of Mrs. Quigley's concerns and has spoken to the developer about them. Mr. Musgraves stated that he will work with Engineering to get something in writing. 04 0:-"1'""",',"'. " , { r:, /,1 I"~ ,w L¡.f., 'Lv..... 191 Mrs. Quigley thanked the Board and staff for their consideration. It was moved by Member Menesini and seconded by Member Hockett, that the General Manager be authorized to execute Drainage Releases for Contra Costa County in connection with proposed Subdivisions 8738 and 8839 (Blum Road, Martinez). There being no objection, the motion was unanimously approved. At this time, President Lucey returned to the order of the agenda. 6. BIDS AND AWARDS a. AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO CON. J. FRANKE ELECTRIC. INC. FOR THE TREATMENT PLANT ELECTRICAL CABLE REPLACEMENT PROJECT. DP 7214 Mr. Batts, General Manager, stated that the medium voltage cables installed during construction of the treatment plant in the early 1970's are known to have a reduced service life expectancy of about 12 to 13 years. This project will replace existing medium voltage cables to maintain the reliability of the plant's main electrical distribution system. The low bidder, Con. J. Franke Electric, Inc., specializes in this type of work and was able to take advantage of volume discounts to save a significant amount on materials in his bid. It was moved by Member Hockett and seconded by President Lucey, that award of a construction contract in the amount of $1 ,047,700 for the Treatment Plant Electrical Cable Replacement Project, DP 7214, be authorized to Con. J. Franke Electric, Inc., the lowest responsive and responsible bidder. There being no objection, the motion was unanimously approved. b. AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO KAWEAH CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF THE TREATMENT PLANT PROTECTIVE COATINGS PROJECT. PHASE 2. DP 7221 Mr. Batts, General Manager, stated that this is the second phase of the Treatment Plant Protective Coatings Project that will apply protective coatings to selected treatment plant equipment, piping, and surfaces to extend the useful lives and minimize corrosion of these components. Mr. Batts introduced Mr. Gary Rathunde, Associate Engineer, who stated that the purpose of this project is to minimize corrosion of piping and equipment, and to extend the useful life of District assets. Mr. Rathunde showed photographs and described the project scope including steelwork on four secondary clarifiers; 24-inch aeration headers; fuel oil storage tanks; air gap tanks; filter plant pipelines, conduits, and enclosures; and aeration tank expansion joint and construction joint repair. Mr. Rathunde stated that work was included in this project for the aeration tanks. The aeration tanks contain 1-inch expansion joints through the center of the structures that will be injected with polyurethane grout and a flexible strip will be embedded in adhesive to provide a watertight seal. This will complete the rehabilitation of expansion joints in all aeration tanks. Aeration tank construction joint repairs will also be done. Three construction joints are located in the foundation slab of each aeration tank pass. Twelve joints will be pressure grouted this summer. Polyurethane grout has successfully sealed the tank expansion joints. The average monthly air usage will be monitored and compared to data from previous years to gauge the effectiveness of this repair. The estimated cost of this portion of the work is $75,000. Mr. Rathunde reviewed the bid results and recommended that the Board authorize award of a construction contract to the low bidder, Kaweah Construction Company. Following discussion of the processes to be used and whether this will help alleviate air leakage from the tanks, it was moved by Member Menesini and seconded by Member Hockett, that award of a construction contract in the amount of $1 ,177,222 for the OL1t , ..L... 01 11 ~¡, -%' 11,',' v'* 192 Treatment Plant Protective Coatings Project, Phase 2, DP 7221, be authorized to Kaweah Construction Company, the lowest responsive and responsible bidder. There being no objection, the motion was unanimously approved. 7. REPORTS a. GENERAL MANAGER 04 1) Mr. Batts, General Manager, reported that the State budget has taken a back burner to Workers' Compensation Reform, which is proving to be a difficult issue. The Governor must still deal with massive program and budget cuts, a looming $14 billion deficit next year, the backlash of labor, state employees, and education, as well as local government trying to retain its tax base. It appears that the actual amount and workings of the Education Relief Augmentation Fund (ERAF) shift are still being discussed, and now the Governor is calling his opposition to no new taxes, wishful thinking. Mr. Batts stated that the second issue of note at the State level is that Senator Ortiz has started hearings on her special district reform bill, and changes are expected as it works its way into legislation. Initially the bill was believed to improve auditing standards, but now it goes beyond. The provisions of the bill that would impact the District are required ethics training for Board Members and senior staff, limit on reimbursements to state levels, end of paid Board benefits for Directors elected/appointed after January 2005, requirement for open session Board Meeting with auditor on audit results, requirement for auditors to notify the State of any compliance violations, and allowance for the State Controller to audit any district not in compliance. Mr. Batts noted that the District is already doing much of what the bill is recommending. 2) Mr. Batts, General Manager, introduced Ms. Harriette Heibel, Communication Services Manager, who reviewed and requested input from the Board with regard to the proposed CCCSD Pipeline newsletter topics for the Spring 2004 edition. Topics include the proposed Sewer Service Charge rate increase, Household Hazardous Waste Collection Facility update, neighborhood construction projects, Pollution Prevention tips, results of the CCCSD Pipeline survey, and information on the Green Business Program. Ms. Heibel reviewed the CCCSD Pipeline schedule which calls for management review the week of April 15, 2004, Board review at the Capital Improvement Budget Board Workshop on April 22, 2004, printing the week of April 26, 2004, and distribution the weeks of May 10 and 17,2004. Ms. Heibel indicated that she would welcome any comments or suggestions for additional articles. 3) Mr. Batts, General Manager, announced that there will be a public workshop for the Walnut Creek Sewer Renovations Project, Phase 2, on April 21,2004 at 7:00 p.m. at the Collection System Operations (CSO) Division offices in Walnut Creek. 4) Mr. Batts, General Manager, stated that the District is kicking off an ambitious construction season and will be advertising several projects in the next few weeks. The Pleasant Hill Road East Improvements Project will install approximately 6,800 feet of sewers by open-cut, pipebursting, and tunneling, and approximately 2,800 feet of water line in the streets at an estimated cost of $2.4 million. The project should be completed by November 2004. The Rossmoor Sewer Improvements Project is the ninth and final phase. About 2,000 feet of sewer is to be installed, mostly by pipebursting. The 01 If! 'jt 193 project will cost approximately $315,000 and should be completed by October 2004. The M3 line is a 36-inch gravity sewer adjacent to the Acme Landfill on Waterbird Way. A 200-foot section of it has settled several feet. Relocating about 300 feet of the line onto more stable ground will repair this problem. The M3 Renovations Project work will be done at night to minimize disruption. The project will cost about $250,000, and should be completed by September 2004. The Walnut Creek Sewer Renovations Project, Phase 2, is part of an ongoing program to renovate deteriorated sections of the collection system. Approximately 6,400 feet of sewer located throughout Walnut Creek will be replaced or renovated at an approximate cost of $1.1 million. The work should be completed by December 2004. The Carmel Court Sewer Renovation Project will update, protect, and apply a protective coating to a critical creek crossing pipe in downtown Walnut Creek. The engineer's estimate for the work is $100,000. The Pipe Renovations and Replacement Project is the second phase of a project that will replace and renovate various piping systems in place throughout the treatment plant. Many of these pipes are almost 30 years old, and some are leaking due to corrosion. This phase of the project is estimated to cost about $600,000 and should be completed by December 2004. 5) Mr. Batts, General Manager, announced that the annual California Water Environment Association (CWEA) conference will be held from April 27 through 30, 2004 in Fresno. This conference has several days of educational sessions, committee meetings, and plant tours, and is a key conference for the wastewater industry. The District will be sending a total of six employees to this conference, five from CSO and one from Engineering. One employee will be making a presentation at one of the education sessions. 6) Mr. Batts, General Manager, reported that during the early evening of Tuesday, March 23, 2004, the Collection System Operations (CSO) on- call crew responded to a call from 1535 North Homestead, Walnut Creek. Upon arrival, they found a flooded manhole in the street, and cleared a root plug downstream. There was no sewage overflow from the manhole. Further discussion with the homeowner and a visit to the home revealed that sewage had escaped under part of the house, that plumbers had been called to fix the problem, and that a sewage overflow had occurred. The next day Risk Management and CSO staff began an investigation and cleanup effort. The house in question has a complex plumbing system and a partitioned foundation, that will complicate the cleanup, investigation, and repairs. 7) Mr. Batts, General Manager, reported that the Household Hazardous Waste Collection Facility (HHWCF) recently received two potentially explosive chemicals within two weeks from the same person. On March 12, 2004, a Lafayette resident brought in a container of ethyl ether in a box of lab chemicals. She said the chemicals were found under her house and she didn't know how they got there. HHWCF staff identified and isolated the ethyl ether and called County HazMat and the Walnut Creek Bomb Squad, who exploded the chemical at Basin C. On March 23, the same person brought in a jar of picric acid. HHWCF staff took the same actions and again, the Walnut Creek Bomb Squad exploded the chemical in Basin C. The County Sheriff indicated that they would be talking to the resident. (}4 01 04 194 b. 04~ 8) Mr. Batts, General Manager, provided a brief energy update. Gasoline and oil prices are at historically high levels. Crude oil is expected to go to $40 per barrel for the first time since the energy crisis. This is already being seen in the price of gasoline. There is also a potential crude oil supply reduction being considered by OPEC. They have already agreed to a 4 percent reduction. The District had a bid in for future natural gas at $4.17 per decatherm, the spot price for natural gas is presently $5.78. These high fuel prices will directly affect electrical, natural gas, landfill gas, and fuel prices that the District pays next year, and will indirectly affect the lime, polymer, hypochlorite, grit hauling, and ash hauling costs next year. An initial estimate of the direct cost increase is approximately $500,000, or 15 percent more than this year's energy prices, and the indirect cost increase is projected to be $80,000, or 8 percent more than this year's budget. On a related note, the Acme Landfill gas contract expires in November 2005. Mr. Batts stated that the good news is that the District is still on course for savings this year and hopefully can incorporate the costs into the current budget. 9) Mr. Batts, General Manager, announced that on Saturday, April 24, 2004, the District will conduct a household hazardous waste mobile collection event in San Ramon. This event will be household hazardous waste only. As has been done with all our mobile collection events, residents are asked to make an appointment. There are 700 appointment slots available for this event. So far, 197 have been scheduled. District staff will be present all day to oversee the event. Philips Services will provide the labor and disposal services. Students from service clubs at California High School and San Ramon Valley High School will assist with greeting the mobile event customers. 10) Mr. Batts, General Manager, announced that an auction of District surplus vehicles, equipment and parts was held on Saturday, March 27, 2004 at First Capitol Auction in Vallejo. Included in the items for sale were several pickup trucks and spare vehicle parts, plus various pieces of office and computer equipment. The District received $8,452 from this auction. COUNSEL FOR THE DISTRICT 1) Mr. Kenton L. Aim, Counsel for the District, reported on a recent Clean Water Act Sanitary Sewer Overflow (SSO) litigation, stating that at the last Board Meeting he announced that the lawsuit against the City of Pacific Grove had settled and it was suggested that a brief report be made to the Board. Mr. Aim stated that Central Contra Costa Sanitary District had received a request for records concerning the District's SSO and maintenance procedures, from the chief litigant, Lawyers for Clean Water, in the Pacific Grove settlement. What is relevant to the District is that the litigation resulted in a CMOM (Capacity, Management, Operations and Maintenance) proposed regulations approach, even though they are not in effect. Nonetheless the Environmental Protection Agency (EPA), Regional Water Quality Control Board and State Water Quality Control Board basically see the CMOM program as a benefit and are moving forward with the program even though it has not been nationally implemented at this time. The relationship with CMOM and these new citizens' lawsuits is that a number of lawsuits brought by the environmental community dealing with collection system overflows assure implementation of CMOM will reduce overflows. Mr. Aim reviewed some of the issues in the settlement in this case. The City of Pacific Grove has 58 miles of sewer, a limited budget, and is cleaning all of the City sewers every eight months. The City had to layoff 17 people this year because of budget concerns. The City was sued because they report all overflows even down to a few gallons. In the settlement, the City of Pacific Grove was required to do a Sewer System gj; T ~} j~ /i;1 ,/þ1 t;: iJ L,",'",'~,', V ,p, 195 .. :,'., .. Assets Management Plan, televise all lines within a three-year period, and implement a rating system and analysis of all line segments with a schedule for replacement. The City must implement SSO goals that go from 12 overflows per year today that they are meeting, to 3 overflows per year by 2013. The City is under a 1 O-year Consent Decree, although there are provisions to have it renewed in three to six years. The City must pay $250,000 to supplemental environmental projects. The City must pay attorneys' fees for the litigants. Those fees were negotiated down from $450,000 to three $100,000 payments over three years. Mr. Aim stated that the bottom line in terms of lessons learned is that citizen and regulatory attention to collection systems and overflows is increasing. The Clean Water Act is strict liability and zero defect. Some members of District staff are participating in a Regional Water Quality Control Board program to develop an area-wide SSO reporting system as a first step towards reducing collection system overflows. We are going toward more stringent regulations. The environmental community tends to believe that old sewers need to be replaced, so there is a push to replace older sewers. All of this line replacement tends to be very expensive. The City of Pacific Grove must raise fees 50 to 100 percent to pay for this. c. SECRETARY OF THE DISTRICT None d. BOARD MEMBERS 1) Member Hockett, Chair of the Capital Projects Committee, reported that on March 24, 2004 a workshop was held to review the draft 2004-2005 Equipment Budget. The draft 2004-2005 Equipment was endorsed and will be presented to the full Board for consideration at the April 15, 2004 Board Meeting. 2) Member Hockett reported on the March 25, 2004 Sanitation and Water Agencies of Contra Costa County meeting at the City of Antioch Water Treatment Facility. Discussion focused on controlling process temperature variations during warm summer months, construction of a proposed solids handling facility to meet increasing capacity needs, and the importance of a good restoration plan in the event of sanitary sewer overflows. 3) President Lucey, Chair of the Real Estate Committee, stated that he and Member Nejedly met with staff on March 31,2004. Notes of that meeting were distributed. President Lucey stated that there is very little the Committee thinks should be done until the District knows what Conco and US Development plans are for certain. The Committee asked to be kept informed about possible plans to move the airport to Acme Landfill property. In terms of outcomes from the meeting, the Committee recommended working with the Town of Danville regarding the sale or lease of the District's one-acre parcel in the Town; bringing the contract for professional property management services with David Deutscher Company to the full Board for consideration; beginning to fill the Kiewit property with clean soil; working with Contra Costa Topsoil and County Quarry Products to address additional land usage needs at the Kiewit property; and requesting the developer interested in leasing the Lagiss property to submit a more detailed plan. 4) Member Menesini reported on the demonstration he attended of the Plant Information System. Member Menesini commended staff on development of this tremendous informational and educational tool. 04 01 04 196 5) Member Boneysteele, Chair of the Budget and Finance Committee, stated that in the absence of Member Menesini, he reviewed the expenditures and found them to be satisfactory. It was moved by Member Boneysteele and seconded by Member Menesini, that the Expenditure List dated April 1, 2004, including Self Insurance Check Nos. 102083-102084, Running Expense Check Nos. 149206-149387, and Sewer Construction Check Nos. 26565-26595, be approved as recommended. There being no objection, the motion was unanimously approved. 8. ENGINEERING a. DEED RESTRICTION AND O&M AGREEMENTS WITH DEPARTMENT OF TOXIC SUBSTA~CES CONTROL (DTSC) FOR LONG-TERM MANAGEMENT OF SOIL COVER ON BASIN A SOUTH Mr. Batts, General Manager, stated that construction of the 12-inch soil cap over Basin A South and adjacent area was completed in October 2003. To complete the remediation process, the Department of Toxic Substances Control (DTSC) and the District need to enter into legal agreements. The first is a deed restriction on the use of the capped property and the second is an Operations and Maintenance (O&M) agreement for long-term management of the soil cap. Mr. Batts introduced Mr. Randy Schmidt, Senior Engineer, who provided an update on the status of the Treatment Plant Soil Remediation Project. Mr. Schmidt reviewed the history of this project. In 1991, the entire 350,000 cubic yard area was considered hazardous material and it was estimated that the cost would be $105 million or $300 per yard for remediation. By 1996, the amount of hazardous material had been reduced to 50,000 cubic yards, and it was estimated that the cost would be $15 million or $300 per yard for remediation. In 2001 due to regulatory changes and negotiations, the Department of Toxic Substances Control (DTSC) agreed that the material could be managed on site importing clean soil for cover, reducing the cost for remediation to $5 million. Construction is now complete, and the actual cost through February 2004 is $2.3 million. To date, Shell Oil has reimbursed the District $371,000, and approximately $100,000 has been invoiced and should be paid in the near future. Mr. Schmidt stated that in 1965 the District accepted material from Shell Oil. The material was used to stabilize the road and levy system; and at that time, it was considered non-hazardous. With development of hazardous waste regulations in 1981, the material was determined to be a hazardous waste. Mr. Schmidt showed pre- construction photographs of Basin A South and the Surcharge Fill Area, during construction, and post construction and described the work that was done. Working with DTSC, the District has completed construction of a 12-inch soil cap compacted to ASTM hardness standard of 95 percent for Basin A South and the Surcharge Fill Area. As a final step, a signed Deed Restriction and O&M Agreement is required by DTSC to ensure the long-term integrity of the soil cap. Mr. Schmidt stated that the deed restriction on the property will prohibit such uses as residential housing, hospital, school, daycare center, playground, raising of food, and drilling for water, oil or gas. No activities that will disturb the soil are permitted on the property unless conducted in accordance with a DTSC approved Consolidation Workplan and Health and Safety Plan. The O&M Agreement for the capped property requires inspection and repair, groundwater monitoring, and no activities that will disturb the soil cap without written authorization from DTSC. The District is required to maintain the soil cap until the District needs the property for expansion. At that time, the District will go back to DTSC and the regulations in place at that time will apply. The District does have permission for emergency use of Basin A South. Flows diverted to Basin A South must be backdrained in a timely manner. District Counsel has reviewed both the Deed Restriction and the O&M Agreement. Staff would recommend approval of both documents. tfl\Æ \jl If: 6': _0 ~} JL (,¡,~ .â¡; ~:y ..t.. 197 It was moved by Member Menesini and seconded by President Lucey, that the General Manager be authorized to execute the Deed Restriction and O&M Agreement with the Department of Toxic Substances Control for long-term management of the soil cap on Basin A South and the Surcharge Fill Area. There being no objection, the motion was unanimously approved. b. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A LICENSE AGREEMENT WITH THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY FOR THE PLEASANT HILL ROAD EAST IMPROVEMENTS PROJECT. DP 5553 Mr. Batts, General Manager, stated that a small portion of the sewer in the Pleasant Hill Road East Improvements Project mentioned under announcements earlier in the agenda, lies within the Burlington Northern and Santa Fe Railway Company property. They require the District to enter into an agreement prior to beginning work on the sewer line. This appears to be a standard agreement, and no issues are expected to arise from the agreement. It was moved by Member Menesini and seconded by Member Nejedly, that the General Manager be authorized to execute a pipeline license agreement with Burlington Northern and Santa Fe Railway Company for the Pleasant Hill Road East Improvements Project, DP 5553. There being no objection, the motion was unanimously approved. c. AUTHORIZE THE GENERAL MANAGER TO EXECUTE DRAINAGE RELEASES FOR CONTRA COSTA COUNTY IN CONNECTION WITH PROPOSED SUBDIVISIONS 8738 AND 8839 (!2!JJM..ROAD) This item was taken out of order earlier in the agenda. 9. COLLECTION SYSTEM OPERATIONS a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH CALPO HOM AND DONG ARCHITECTS TO PROVIDE PROFESSIONAL ARCHITECTURAL SERVICES FOR THE MASTER PLANNING OF THE COLLECTION SYSTEM OPERATIONS DIVISION CORPORATION YARD. DP 8208 Mr. Batts, General Manager, stated that as a result of long-term planning, an accumulation of small projects, and discussions with the Board about the need for improvements at the Collection System Operations (CSO) Division facility in Walnut Creek, staff has begun a process to upgrade this facility for long-term use in supporting the District's collection system activities. Director of Engineering Ann Farrell, the Project Manager, sent a Request for Proposals (RFP) to six architectural firms, four of whom responded. An interview panel of Engineering and CSO met with the four firms, and decided that it would be appropriate to visit similar sites that three of the firms had designed. After the site visits to corporation yards at Union Sanitary District, Burlingame, and Roseville, the consensus of the group was that the firm of Calpo Hom and Dong was the most qualified to provide the master planning effort for the District's Walnut Creek facility. Approval by the Board is requested at this time. Discussion followed in which Member Nejedly questioned the cost as it relates to the scope of work, and Member Menesini suggested that the Board be given an opportunity to tour the site and consider what is being proposed. Following discussion, it was moved by President Lucey and seconded by Member Hockett, that the General Manager be authorized to execute a professional architectural services agreement with Calpo Hom and Dong Architects in the amount of $150,000 for the Master Planning of the Collection System Operations Division Corporation Yard, DP 8208. The motion was approved with Member Nejedly voting no. 0'" ,,', Á1,;¡ , ~!: 01l 04 198 10. HUMAN RESOURCES a. RECEIVE AND CONSIDER STAFFING PLAN - FISCAL YEAR 2004-2005 Mr. Batts, General Manager, stated that the departments have analyzed their staffing needs for the 2004-2005 fiscal year, and those needs are reflected in the proposed Staffing Plan, which was reviewed by the Board Personnel Committee. The net result is no increase in Board authorized positions for the fiscal year. The Staffing Plan will be submitted for final approval at the May 20, 2004 Board Meeting. President Lucey stated that the Board Personnel Committee reviewed the proposed Staffing Plan and recommends approval. President Lucey stated that he had expressed concern that there are only three female workers in the Collection System Operations Division. There being no further comments, President Lucey declared that the proposed Staffing Plan for Fiscal Year 2004-2005 was duly received. b. AUTHORIZATION TO HIRE SEASONAL EMPLOYEES Mr. Batts, General Manager, stated that each summer the District hires students to help with seasonal maintenance, vacation relief, cleanup, and special projects. This year, staff is requesting approval to hire two fewer student workers than were authorized last year. President Lucey stated that the Personnel Committee reviewed this item and would recommend approval. It was moved by President Lucey and seconded by Member Hockett, that the hiring of 23 students for seasonal employment be authorized. There being no objection, the motion was unanimously approved. 11. CORRESPONDENCE a. RECEIVE LETTER DATED MARCH 18.2004 FROM H. ABRAM WILSON, MAYOR OF THE CITY OF SAN RAMON. REGARDING HOUSEHOLD HAZARDOUS WASTE MOBILE COLLECTION Following discussion, receipt was noted of the letter dated March 18,2004 from H. Abram Wilson, Mayor of the City of San Ramon, regarding household hazardous waste mobile collection. 12. APPROVAL OF MINUTES a. MINUTES OF MARCH 4. 2004 It was moved by Member Hockett and seconded by Member Menesini, that the minutes of March 4,2004 be approved as presented. There being no objection, the motion was unanimously approved. 13. BUDGET AND FINANCE a. RECEIVE FEBRUARY 2004 FINANCIAL STATEMENTS In the absence of Controller Deborah Ratcliff, Mr. Randall M. Musgraves, Director of Administration, reviewed the results of operations and maintenance (O&M) for the month of February 2004, noting that expenditures were $289,000 less than budget, representing an 8.4 percent favorable variance. Year-to-date O&M expenditures were $1.6 million less than budget, representing a 5.6 percent favorable variance. Year-to- date O&M revenues of $20,794,000 were $1.2 million greater than budget, representing a 5.9 percent favorable variance. flt\ !i1 \ IJ t.J. -" - (~ :,i'¡'\ 11,' 'lfJ. Of '~~ Aj ",",',: t...,',"'¡,'~ , , ' , - 199 Mr. Musgraves 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 through February 2004 was 1.44 percent. President Lucey declared that the February 2004 Financial Statements were duly received. 15. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS None 16. CLOSED SESSION a. SIGNIFICANT EXPOSURE TO LITIGATION Pursuant to Government Code Section 54956.9(b), a point has been reached where in the opinion of the Board of Directors of the Central Contra Costa Sanitary District, on the advice of its Counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the District. One potential matter is to be discussed. At 4:12 p.m., President Lucey declared the closed session to discuss litigation pursuant to Government Code Section 54956.9(b) as noted above. At 4:22 p.m., President Lucey concluded the closed session and reconvened the meeting into open session. 17. REPORT OF DISCUSSIONS IN CLOSED SESSION No decisions were made or votes taken in closed session which require reporting at this time. 18. ADJOURNMENT There being no further business to come before the Board, President Lucey adjourned the meeting at the hour of 4:24 p.m. P sident of the 0 irectors Central Contra Costa Sanitary Dis rict, County of Contra Costa, State of alifornia COUNTERSIGNED: 04 01 04