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HomeMy WebLinkAboutBOARD MINUTES 11-21-02 66 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: 11 21 0 G")... .~ None a. 67 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 11 21 02 68 11 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 21 02 69 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: 11 02 21 70 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) 11 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 21 O. .'."'. {. ", "~ 71 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 11 21 02 72 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 11 21 02