HomeMy WebLinkAboutBOARD MINUTES 11-21-02
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MINUTES OF THE REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD ON NOVEMBER 21, 2002
At 1 :00 p.m., prior to the regular Board Meeting, Members Boneysteele, Lucey, and
Menesini toured the IT Corporation - Baker Site with District staff and discussed
proposed development plans for the site and potential impacts on District facilities.
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, 2002.
President Menesini called the meeting to order and requested that the Secretary call
roll.
1. ROLL CALL
PRESENT:
Members:
Hockett, Lucey, Boneysteele, Menesini
ABSENT:
Members:
Nejedly
Member Nejedly had advised staff that he would be unable to attend this meeting and
had requested to be excused.
a.
PLEDGE OF ALLEGIANCE TO THE FLAG
Board and staff joined in the Pledge of Allegiance to the Flag.
b.
INTRODUCTIONS
INTRODUCE NICK WRIGHT. NEWLY HIRED VEHICLE AND EQUIPMENT
MECHANIC
.
Mr. Nick Wright, Vehicle and Equipment Mechanic, was introduced and welcomed to
the District by President Menesini and the Board of Directors.
2. PUBLIC COMMENTS
None
3. CONSENT CALENDAR
It was moved by Member Hockett and seconded by Member Lucey, that the Consent
Calendar, consisting of Items a. and b., be approved as recommended, resolutions
adopted as appropriate, and recordings duly authorized.
a.
Formation of a contractual assessment district consisting of six
properties on Paseo Nogales in Alamo was authorized; Resolution No.
2002-090, a resolution of intention to create Paseo Nogales Contractual
Assessment District (CAD) No. 2002-9 for the purpose of installing
sewer improvements, was adopted; Resolution No. 2002-091 was
adopted, approving the boundary of the assessment district; and
Resolution No. 2002-092 was adopted, requesting consent from Contra
Costa County for CCCSD to conduct proceedings for Paseo Nogales CAD
No. 2002-9.
Motion approved on the following vote:
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None
a.
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AYES: Members: Hockett, Lucey, Boneysteele, Menesini
NOES: Members: None
ABSENT: Members: Nejedly
b.
The Comprehensive Annual Financial Report as of June 30, 2001 was
approved for submission to the Government Finance Officers Association.
Motion approved on the following vote:
AYES: Members: Hockett, Lucey, Boneysteele, Menesini
NOES: Members: None
ABSENT: Members: Nejedly
4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
5. REPORTS
GENERAL MANAGER
1 )
Mr. Charles W. Batts, General Manager, stated that each year staff
presents a draft Board Meeting Calendar to the Board for guidance on
meeting dates and schedule conflicts. Ms. Joyce E. Murphy, Secretary
of the District, reviewed the 2003 draft Board Meeting calendar
highlighting schedule conflicts. Following discussion, it was the
consensus of the Board that because of conflicts with California
Association of Sanitation Agencies (CASA) meetings, the regular meeting
dates in January 2003 will be changed to January 9 and January 23 with
a Financial Planning Workshop on January 30, and that the regular
meeting dates in May 2003 will be changed to May 8 and May 22.
Ms. Deborah Ratcliff, Controller, distributed and reviewed the revised
draft calendar of District budget activities for the Board's information.
After the 2003 Board Committee assignments have been made, the
dates will be confirmed with the appropriate committee members.
2)
Mr. Batts, General Manager, stated that on October 2, 2002, the
District's cogeneration turbine unit suffered a catastrophic failure. This is
the third such failure this year. Solar Turbine has responded quickly to all
of the turbine failures. However, there is still a concern due to the
number of failures. District staff has been working with Solar Turbine to
analyze the problems and ensure that the cogeneration unit can provide
stable operation. Mr. Batts introduced Mr. Craig Mizutani, Associate
Engineer, who provided the most recent information on the latest failure.
Mr. Mizutani showed a chart detailing the cogeneration unit failure
history. Three turbines have failed, one in March 2002 and two in
October 2002. All three turbine failures were third stage turbine failures.
The turbine blades have sheared apart in different degrees of failure. In
the most recent failure, a portion of a blade broke off and was found in
the exhaust duct down stream. Mr. Mizutani showed photographs, and
stated that when the blade failed it damaged the interior of the turbine.
Mr. Mizutani stated that staff is very concerned about these failures and
the fact that they have happened in the same area of the turbine. The
response of the Solar Turbine service representative has been excellent.
They have sent a team to the District to do a complete failure analysis to
determine the cause of the failures. They have indicated they will cover
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the cost of the repairs and investigations and there will be no additional
cost to the District. Mr. Mizutani stated that Solar Turbine has indicated
that they want the District to be satisfied. Solar Turbine has collected
data and the blade that broke, and is doing a complete metallurgical
analysis to determine the cause of failure. They have advised the District
of the initial results of the testing and a written report is expected in
December.
In response to questions from the Board, Mr. Dave Reindl, Associate
Engineer, stated that he has the failed blades from the previous failures
labeled and in his possession. The most recent failure was different than
past failures in that it was just a piece of one blade that failed. Mr.
Reindl stated that he has photographs and information on the most
recent failed blade in his possession as well.
President Menesini thanked Messrs. Mizutani and Reindl for their reports.
3)
Mr. Batts, General Manager, stated that on November 7, 2002 and
continuing off and on through November 10, the District experienced
considerable rainfall. Mr. Batts introduced Mr. Doug Craig, Plant
Operations Division Manager, who reported that 2.1 inches of rain fell at
the District treatment Plant between November 7 and 10, 2002. Most of
that, 1.5 inches, fell on November 8. On November 8, peak flow of
115.4 MGD was received about 3:30 p.m. The total bypass flow to the
retention basins was 0.5 million gallons. Over the full period, total
rainfall processed was 35 MGD above what would have been processed
if the rain event had not occurred. Mr. Craig stated that there were no
power interruptions at the treatment plant. Cogeneration was up and
running and performed well. There were some power outages in
Martinez, but they did not impact District operations. Mr. Craig stated
that the treatment plant performed well. At peak flow on November 8,
2002, three (3) cubic yards of grease came into the treatment plant. It
plugged the bar screens and grinders. There is speculation that perhaps
the grease was flushed from a syphon or line during peak flow.
Mr. John Pearl, Collection System Operations Division (CSOD) Manager,
reported on the wet weather impacts on the collection system. At the
CSOD facility in Walnut Creek, a major tree limb fell in front of the gate.
There were no collection system overflows related to storms. Mr. Pearl
reported on impacts on pumping stations. On the evening of Thursday,
November 7, 2002, there were brief power outages at the Orinda
Crossroads and Moraga Pumping Stations, extended power outages (19
hours) at the Martinez and Fairview Pumping Stations, and a two-hour
power outage at West and East Branch Pumping Stations. There was a
variable frequency drive (VFD) failure at the San Ramon Pumping Station
that was reset by the operator.
On Friday, November 8, 2002, a pump failed at the East Branch Pumping
Station. Electricians responded and the pump was restarted with help
from Mr. Dave Reindl, Associate Engineer. There was no sewage
overflow. Even though site also flooded with silt and storm water runoff
from the neighboring area. The flooding resulted from an open developer
sewer that brought stormwater into the pumping station wet well; CSO
cleaned up the site. There was also a power failure from 3:00 p.m. to
8:30 p.m. and it was necessary to refuel the generator. There were
major leaks in the unfinished roof of the San Ramon Pumping Station.
The leaks were redirected by the contractor. There were no equipment
failures. There was construction debris in the pump room at San Ramon
from a static test plug failure of the Dougherty Valley tunnel bypass line.
The bypass line dumped approximately 50,000 gallons of water down
the trunk sewer to the pumping station. In summary, Mr. Pearl stated
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that the generators worked as needed. CSO was set to bypass at East
Branch Pumping Station but that was not necessary. There were no
spills or overflows, but there were some construction impacts on
operations.
Mr. James M. Kelly, Director of Operations, stated that this was the
strongest storm in four years as far as wind and rain combined. Mr.
Kelly commended the Pumping Stations Operators for their response and
Associate Engineer Dave Reindl for the assistance he provided to the
Pumping Stations.
Following discussion, President Menesini and the Board complimented
staff on the excellent job that was done.
4)
Mr. Batts, General Manager, stated that at the last Board Meeting the
Board was advised of the situation with the pedestrian bridges in
Martinez. Little has happened since that time. The City of Martinez had
not closed the bridges as of yesterday. District Counsel has spoken with
the Martinez City Attorney.
Mr. Kenton L. Aim, Counsel for the District, stated that the Martinez City
Attorney has proposed that the District and the City quickly sign an
agreement that if either party does something to protect the bridges from
further deterioration, that could not be held against them. Discussion
followed with regard to short-term and long-term solutions.
5)
Mr. Batts, General Manager, announced that on November 19, 2002, the
Contra Costa Times reported a sewage spill into San Pablo Creek. The
spill was discovered on Sunday, November 1 7 when a 30-year old creek
crossing line failed at a welded joint. The 8-inch sewer line serves 19
homes. It is estimated that approximately 5,000 gallons of sewage was
spilled. Collection System Operations (CSO) crews worked Sunday into
the night repairing the line and Monday testing and cleaning the creek.
Member Lucey stated that he visited the site today while CSO was
changing the pipe. Member Lucey stated that CSO did an exceptionally
fine job. Member Lucey requested that by the end of the year, a
procedure be put in place for staff to notify Board Members of spills in
the areas they represent or where they live. Mr. Batts stated that staff
will do that.
6)
Mr. Batts, General Manager, stated that at the last Board Meeting, the
Board received a letter from Mr. Philip Park's attorney requesting a
hearing on an appeal of a staff decision on a reimbursement fee issue. A
hearing was set for November 21, 2002. Mr. Batts distributed a letter
dated November 13, 2002, from Mr. Park's attorney requesting that the
hearing be postponed until December 1 9, 2002, because Mr. Park will be
out of town.
7)
Mr. Batts, General Manager, reported that the District conducted a
household hazardous waste mobile collection event in San Ramon on
Saturday, November 16, 2002. Again, this was a joint household
hazardous waste and electronic waste collection event. The event was
held at the City of San Ramon Corporation Yard on Crow Canyon Road.
The District paid for the costs of collection and disposal of household
hazardous waste and the Central Contra Costa Solid Waste Authority
(CCCSWA) paid for the costs of the electronic waste collection and
disposal. A total of 925 appointments were made for the event. Of
this total, 819 customers actually attended the event. The breakdown
by type of waste was as follows:
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b.
.
382 customers or 47 percent had hazardous waste only;
.
31 2 customers or 38 percent had both hazardous waste and
electronic waste;
.
1 25 customers or 1 5 percent had electronic waste only.
Mr. Batts stated that customers came from 12 different communities
with the residents of San Ramon representing the largest participating
community with 399 participants or 49 percent of the total participation.
Danville was the second largest participating community at 242
participants or 30 percent of the total participation. In response to a
question from President Menesini, Mr. Batts stated that he would provide
information on the total cost of the event and the cost paid by CCCSWA
for electronic waste collection and disposal when those numbers are
available.
8)
Mr. Batts, General Manager, invited the Board to the District's Annual
Holiday Party to be held from noon to 2:00 p.m. on Wednesday,
December 18, 2002 at the Pleasant Hill Community Center. Invitations
were distributed.
9)
Mr. Batts, General Manager, reminded the Board of the District's Service
Awards luncheon to be held at 11 :30 a.m. on November 22, 2002 in
Walnut Creek.
10)
Mr. Batts, General Manager, announced that the District will be
advertising for bids for the Treatment Plant Fire Alarm Panel
Improvements Project. The engineer's estimate for the work is $51,000.
11 )
Mr. Batts, General Manager, announced that there will be a Sanitation
and Water Agencies of Contra Costa County meeting this evening at
6:30 p.m. at the Walnut Creek Holiday Inn.
COUNSEL FOR THE DISTRICT
1 )
Mr. Kenton L. Aim, Counsel for the District, distributed and reviewed the
agenda from the Association of Metropolitan Sewer Agencies (AM SA)
2002 Law Seminar: Developments in Clean Water Law, A Seminar for
Public Agency Attorneys and Managers. Topics of particular interest
included pivotal recent Clean Water Act cases; Total Maximum Daily
Loads (TMDL) developments; key developments in the wet weather
arena; antidegradation: how it works and where it's going; whole effluent
toxicity (WET); and the top ten lawsuits of the year relating to such
issues as TMDL's, whistle blowing, navigable waters issues, and permit
shield issues.
c.
SECRETARY OF THE DISTRICT
1 )
2)
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The Central Contra Costa Sanitary District contact list revised November
19, 2002 was distributed.
Ms. Joyce E. Murphy, Secretary of the District, announced that her
current contract will expire on June 30, 2003. As required by that
contract, the Board must be notified prior to the end of November each
year that the term of the contract will be extended automatically for one
year unless either party notifies the other before December 31 of its
intention to modify or not to extend the contract. Ms. Murphy stated
that she would not propose any changes to her contract. If the Board
wishes to modify or intends not to extend the employment contract, they
were asked to advise staff before December 31, 2002 so the matter can
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be placed on the Board agenda. Otherwise, the employment contract will
automatically be extended for one year until June 30, 2004.
d.
BOARD MEMBERS
1 )
Ms. Ann E. Farrell, Director of Engineering, briefly recapped the
November 14, 2002 Capital Improvement Budget Planning Board
Workshop. These issues will be discussed further at the January 30,
2003 Financial Planning Board Workshop.
2)
President Menesini briefly reported on the tour of the IT Corporation -
Baker Site that he and Members Boneysteele and Lucey made with staff
prior to the start of the regular Board Meeting today.
3)
President Menesini announced that he was recently appointed to the
Citizens' Watchdog Committee for the Concord Naval Weapons Station.
BREAK
President Menesini declared a recess at the hour of 3:42 p.m., reconvening at the hour
of 3:53 p.m. with all parties present as previously designated except Member Hockett.
6. APPROVAL OF EXPENDITURES
a.
EXPENDITURE LIST DATED NOVEMBER 21. 2002
Member Boneysteele, Chair of the Budget and Finance Committee, distributed and
reviewed the minutes of the November 19, 2002 Budget and Finance Committee
meeting at which the expenditures were reviewed and reports were received on the
quality of maintenance service of Solar Turbine and total expenses associated with
legal services.
It was moved by Member Boneysteele and seconded by President Menesini, that the
Expenditure List dated November 21, 2002, including Self Insurance Check Nos.
101951-101952, Running Expense Check Nos. 141629-141759, Sewer Construction
Fund Check Nos. 25090-25102, Payroll Manual Check Nos. 48878-48880, and
Payroll Regular Check Nos. 54280-54313, be approved as recommended. There being
no objection, the motion was approved with Members Nejedly and Hockett being
absent.
Member Hockett returned to the meeting at the hour of 3:55 p.m.
7. BUDGET AND FINANCE
a.
ADOPT AMENDED AND RESTATED SECTION 125 CAFETERIA PLAN
DOCUMENTS TO MEET NEW CHANGES IN THE INTERNAL REVENUE SERVICE
CODE
Mr. Batts, General Manager, stated that the law firm of Trucker. Huss annually
reviews any changes in the Internal Revenue Service (IRS) Code that could affect
Section 125 Cafeteria Plans. The District's Cafeteria Plan documents are then updated
to incorporate appropriate changes in the law. Mr. Batts introduced Ms. Deborah
Ratcliff, Controller, who reviewed the recommended changes to the District's Section
125 Cafeteria Plan documents effective January 1, 2003 as set forth in the position
paper and Cafeteria Plan documents previously distributed to the Board.
Member Lucey questioned why these changes are being incorporated at this time
rather than being made part of the upcoming labor negotiations. Ms. Ratcliff indicated
that consideration was given to that approach but since the recommended changes
allow employees to increase spending in certain areas and do not impact the costs to
the District, it was felt that it was appropriate to proceed at this time so the changes
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can be made at the beginning of the plan year on January 1, 2003 instead of the
following calendar year.
It was moved by Member Hockett and seconded by President Menesini, that
amendments to the District's Cafeteria Plan documents to meet new Internal Revenue
Service Code requirements be approved as recommended. The motion was approved
with Member Lucey voting no and Member Nejedly being absent.
8. EMERGENCY SITUATIONS REQUIRING BOARD ACTION
None
9. ANNOUNCEMENTS/SUGGESTIONS FOR FURTHER AGENDA ITEMS
None
10. CLOSED SESSION
SIGNIFICANT EXPOSURE TO LITIGATION
a.
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. Two potential matters are to be
discussed.
b.
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 is to be discussed.
At 4:03 p.m., President Menesini declared the closed session to discuss litigation
pursuant to Government Code Sections 54956.9(b) and (c) as noted above. At 4:53
p.m., President Menesini concluded the closed session and reconvened the meeting
into open session.
11. REPORT OF DISCUSSIONS IN CLOSED SESSION
No decisions were made or votes taken in closed session which require reporting at
this time.
12. ADJOURNMENT
There being no further business to come before the Board, President Menesini
adjourned the meeting at the hour of 4:54 p.m.
~C;'7l ~
Presi t of the Board of Di~,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
Sec t r of the Centra C
Sam a y District, County 0
Costa, State of California
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