Loading...
HomeMy WebLinkAboutBOARD MINUTES 12-05-02 73 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON DECEMBER 5, 2002 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 December 5, 2002. President Menesini called the meeting to order and requested that the Secretary call roll. L ROLL CALL PRESENT: Members: Nejedly, Hockett, Lucey, Boneysteele, Menesini ABSENT: Members: None PLEDGE OF ALLEGIANCE TO THE FLAG a. Board and staff joined in the Pledge of Allegiance to the Flag. b. ADMINISTER OATH OF OFFICE TO NEWLY RE-ELECTED BOARD MEMBERS PARKE L. BONEYSTEELE AND GERALD R. LUCEY The Secretary of the District administered the Oath of Office to Messrs. Parke L. Boneysteele and Gerald R. Lucey who were elected to the Board of Directors at the election held On November 5, 2002. Board and staff congratulated Members Boneysteele and Lucey on their re-election to the Board of Directors. At the conclusion of the ceremony, a reception was held honoring the newly re-elected Board Members. RECEPTION HONORING NEWLY RE-ELECTED BOARD MEMBERS c. A reception was held in the multipurpose room from 2:05 p.m. to 2:28 p.m. in honor of Members Boneysteele and Lucey On their re-election to the Board of Directors. d. INTRODUCTIONS RECOGNIZE DON BARTLETT ON HIS PROMOTION TO MAINTENANCE CREW LEADER . RECOGNIZE PAUL CROUCH ON HIS PROMOTION TO MAINTENANCE CREW LEADER . . RECOGNIZE JENNIFER MUIR ON HER PROMOTION TO MAINTENANCE CREW LEADER INTRODUCE ED SILVA. NEWLY HIRED MAINTENANCE CREW MEMBER I . Maintenance Crew Leaders Don Bartlett, Paul Crouch, and Jennifer Muir were congratulated On their recent promotions. Maintenance Crew Member I Ed Silva was introduced and welcomed to the District by President Menesini and the Board of Directors. 2. PUBLIC COMMENTS None 12 05 02 ..- 74 3. AWARDS AND COMMENDATIONS WATER ENVIRONMENT FEDERATION (WEF) 2002 PUBLIC EDUCATION AWARD FOR THE DISTRICT'S SEWER SCIENCE WASTEWATER LABORATORY PROGRAM a. Mr. Charles W. Batts, General Manager, introduced Ms. Harriette Heibel, Community Affairs Manager, who stated that the 2002 Public Information Award for the Sewer Science Wastewater Laboratory Program for High School Students was presented at the Water Environment Federation Conference in Chicago in October. This award represents a partnership between the District, South Bayside Systems Authority, and Palo Alto Regional Water Quality Control Plant. The partnership allowed the three agencies to work together to produce good work product that one agency might not be able to do alone. Ms. Heibel presented the WEF 2002 Public Education Award for the Sewer Science Wastewater Laboratory Program to President Menesini and the Board of Directors. President Menesini commended Ms. Heibel and the team that put together this outstanding educational program. 4. CONSENT CALENDAR It was moved by Member Hockett and seconded by Member Nejedly, that the Consent Calendar, consisting of Items a. through c., be approved as recommended. a. The contract work for the San Ramon Schedule "C" Force Main Project, DP 5554, was accepted and filing of the Notice of Completion was authorized. Motion unanimously approved On the following vote: AYES: Members: NOES: Members: ABSENT: Members: b. Hockett, Nejedly, Lucey, Boneysteele, Menesini None None The contract work for the Dougherty Tunnel and Trunk Sewer Project, DP 5902, was accepted and filing of the Notice of Completion was authorized. Motion unanimously approved On the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Nejedly, Lucey, Boneysteele, Menesini None None January 9, 2003 at 2:00 p.m. was established as the date and time for a public hearing to receive comments On and to consider adoption of a resolution of necessity for acquisition of easements for the Wendt Ranch Offsite Sewer Project, DP 5436. c. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Nejedly, Lucey, Boneysteele, Menesini None None 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 12 05 02 a. 75 6. REPORTS GENERAL MANAGER 1) Mr. Batts, General Manager, stated that the Dougherty Tunnel and Trunk Sewer and the San Ramon Force Main Projects are basically complete, and the San Ramon Pumping Station is well under construction. These major projects were challenging in a hostile environment, with prescribed conditions and time lines from the settlement agreement with the City of San Ramon, not discounting all the normal construction headaches that can occur with contractors, subcontractors, residents, other agencies, and the weather. Mr. Batts recognized Project Manager Henry Thom and Assistant Resident Engineer Ken Clark from the District construction team who worked on the San Ramon projects and helped make these large, complex, and difficult construction projects come in On time and on budget, with surprisingly little disruption to the public. Mr. Batts introduced Mr. William E. Brennan, Capital Projects Division Manager, who distributed and reviewed San Ramon Projects Status Report No.6. Mr. Brennan showed photographs of the San Ramon Pumping Station construction and indicated that it looks likely that the contractor will finish exterior work by December 31,2002 as required by the settlement agreement with the City of San Ramon. The contractor, GSE, was cooperative in getting a wet well grinder here early and installed. When they can, GSE has been flexible to meet the District's needs. Mr. Brennan showed photographs of the West Portal and barbed wire fence that matches the existing fence and was approved by the San Ramon planner. Residents have objected to the barbed wire fence and the developer is replacing the fence at their expense. Mr. Brennan showed photographs of the East Portal and noted that the work is completed in this area. 2) Mr. Batts, General Manager, stated that earlier this year there were a series of four break-ins at the District's Walnut Creek Collection System Operations site, ranging from entering an unlocked vehicle to the theft of a significant amount of District equipment. Mr. Batts introduced Mr. John Pearl, Collection System Operations Division (CSOD) Manager, who reported on the steps that have been taken to both improve security and reduce the opportunity for theft. Mr. Pearl described the four break-ins and stated that immediate actions taken following the break-ins included reporting the break-ins to the Walnut Creek Police Department, instituting a nightly check by the District's security service, implementing a notification protocol for District employees that are called to work at night, increasing nightly checks by the Walnut Creek Police Department, monitoring CSOD security cameras at the headquarters office building and currently at the Plant Operations control room, and engaging Guardsmark to conduct a security audit. CSOD staff have also taken actions internally, including reparking vehicles to reduce vulnerability, installing alarms On four vans with high-value items, chaining the entry gates to prevent push- ins, modifying camera software to enable view/review at both the headquarters office building and CSOD, and replacing most of the stolen equipment. Mr. Pearl stated that the following long-term improvements are planned: automate three primary entry gates, add camera software, add external lighting, add additional cameras, and reduce foliage at fence lines (tree removal requires City of Walnut Creek approval). Member Nejedly requested still photographs from the video of the last break-in. Following discussion of the City of Walnut Creek Police Department involvement, President Menesini thanked Mr. Pearl for the update. 12 05 02 76 12 3) Mr. Batts, General Manager, introduced Mr. James M. Kelly, Director of Operations, who stated that the District's National Pollutant Discharge Elimination System (NPDES) permit was issued on June 21, 2001. Certain permit provisions were appealed and the appeal held in abeyance until June 20, 2003. East Bay Municipal Utility District (EBMUD) is preparing for court on their permit; which is very similar to the District's permit. EBMUD has asserted that the RWQCB failed to comply with the California Environmental Quality Act (CEQA). CEQA requires a settlement conference prior to a case going to court; this has resulted in negotiations between EBMUD and RWQCB for EBMUD to receive additional dilution credits, receive a more favorable dioxin requirement, and use triggers rather than performance-based limits. If the EBMUD case is settled, our permit could be modified to remove some of the permit requirements that the District appealed. Mr. Kelly reviewed the status of steps for NPDES permit implementation as presented to the Board in June 2002. The District is complying with new requirements. Ambient monitoring and acute toxicity protocol (4th Edition) has been implemented. The cyanide site-specific objective, total maximum daily load (TMDL) preparation, work with the Regional Monitoring Program for development of lower detection levels, and the dioxin study are in progress and on schedule. The contingency document has been updated; and update of the operations and maintenance procedures are in progress but because the plant process continues to change, this will be ongoing. Mr. Kelly stated that the permit also requires special studies and continued support of existing programs. Ambient background water quality characterization must be completed by May 18, 2003 and is on track. This collaborative effort being conducted by the Bay Area Clean Water Agencies (BACWA), and the District will save about $80,000 over the cost of doing it individually. The cyanide site-specific objective must be done by June 30,2003. It has already been completed and is awaiting Regional Water Quality Control Board (RWQCB) action. It was conducted by BACW A with Dr. Gail Chesler as co-lead. The cooperative effort saved up to $100,000. The dioxin study will sample effluent two times per year for three years to improve detection limits for dioxin. Existing programs include pretreatment and pollution minimization/prevention. A partnership, the Clean Estuary Partnership, has been formed for TMDL development. TMDL's will be done by the RWQCB with the technical work performed in large part by the Clean Estuary Partnership. Mercury will be the first TMDL and the approach is expected out within two months. This will set the stage for all others. In summary, Mr. Kelly stated that the new NPDES permit has greater challenges for compliance; it will take more staff time for compliance and studies; and while some money has been saved, the estimated cost increase is $300,000 to $500,000 over five years. 4) Mr. Batts, General Manager, stated that a draft copy of the 2001-2002 District Annual Report was provided to each Board Member earlier this week. Mr. Batts stated that he thought this was an outstanding accomplishment by staff given the time and constraints placed On the project. The focus of the report is not so much On the accomplishments of the District as on the goals and direction the District is taking. The basic financial information is given in summary form. The detailed financial data is referenced in the District Comprehensive Annual Financial Report, which is on the District web site. As the draft Annual Report was assembled, the question of a Board photograph was considered and the Board President's photo was used in the draft. Mr. Batts stated that after consideration of the legal limitations mainly with regard to distribution of the material, he would recommend that a staff photo and quote be used in place of the Board President's. Examples were distributed for Board review. 05 02 77 Mr. Batts introduced Ms. Harriette Heibel, Community Affairs Manager, who requested Board comments on the draft Annual Report. Ms. Heibel stated that it is planned that approximately 1,000 copies will be distributed to wastewater and water agencies within California; other friends, partners, agencies and associations; elected officials and city managers in the District service area; libraries and schools; District employees; the media; and the CCCSD reception area. Member Lucey suggested that copies of the Annual Report be placed at the Permit Counter as well. Mr. Batts and Ms. Heibel indicated that is an excellent idea. Ms. Heibel stated it is planned that any input from the Board will be incorporated, and the Annual Report will be printed the week of December 9 and mailed out the week of December 16. Ms. Heibel reported that the estimated cost of the Annual Report is $1.07 per copy including paper and "click" charges. It is estimated that it took about 165 staff hours for writing, photography, design and layout for an estimated cost for staff time, at $50/hour including labor and benefits, of $8,250. Mr. Kenton L. Aim, Counsel for the District, reviewed laws relating to sending out a District document with elected officials' photographs, indicating that there is a prohibition against mass mailings containing elected officials' photographs or preference for elected officials because it gives an advantage in election. A mailing is not considered to be a mass mailing if it is less than 200 in any calendar month. In the past the District has not circulated more than 200 copies of a document in a single month. In this circumstance if the Board wishes to distribute more than 200 copies per month, it is prohibited to have any of the Board Members' photographs. Discussion followed in which it was the consensus of the Board that a staff photograph and quote be used in place of the photograph and quote from the Board President. There was some interest in including Board Members' photographs and biographies on the District web site. Staff will look into the practice of other agencies and contact Board Members with some examples for consideration. 5) Mr. Batts, General Manager, stated that at the September 5, 2002 Board Meeting, award of a contract was authorized to Allison Sierra, Inc. for a demonstration project using "Inneream" technology. Yesterday the contractor was scheduled to ream and pull the new line into place at Via Del Sol in Walnut Creek. After a slow start the contractor was able to install the new line and gravity service will be restored today. However, there were two complications. The equipment used On this project was quite loud due to slurry problems and pull backpressures. The noise was similar to microtunneling and the contractor had to work until 11 :00 p.m. last night. Once this operation starts, it must be continuous to prevent the ground from swelling and seizing the new pipe. The residents were informed of the situation but one resident called the police who arrived about 9:00 p.m. Associate Engineer Tom Godsey and the contractor explained the situation to the police and Mr. Godsey and the police talked to the resident. The police advised the resident that work could continue to 11 :00 p.m. The resident grudgingly accepted. Mr. Batts stated that there was also the need to rUn the bypass pump all night and there was noise from the generator. The residents were informed and they were very cooperative. Today the District will be restoring gravity service and will begin restoring the site and removing equipment. No extended work hours are necessary to complete the project. Member Nejedly expressed concern with the lack of understanding on the part of One of the residents with regard to the extraordinary efforts being made to complete the project and avoid inconvenience to all the residents. 12 05 02 78 b. 6) Mr. Batts, General Manager, reported on the November 21 , 2002 Sanitation and Water Agencies of Contra Costa County meeting at which the Dublin San Ramon Services District (DSRSD) Mentoring Program was discussed. DSRSD, like most districts is faced with an aging work force, bringing new employees into the organization, and transferring knowledge. The Mentoring Program is in its first year and initial feedback indicates that it has value for training, gaining information, and learning district culture and knowledge. 7) Mr. Batts, General Manager, announced that Mr. Bill Echols, Field Operations Superintendent, will be attending a two-day workshop on Implementing CMOM - A Capacity, Management, Operations and Maintenance Program. The workshop is in Tucson, Arizona on December 12 and 13, 2002, and is presented by the Water Environment Federation (WEF) in conjunction with the U.S. Environmental Protection Agency (EPA) Office of Water. There are sufficient funds in the Collection System Operations Division training budget. 8) Mr. Batts, General Manager, invited the Board to attend the District Holiday Party on Wednesday, December 18, 2002, at noon at the Pleasant Hill Community Center. 9) Mr. Batts, General Manager, announced that on Saturday, December 14, 2002, there will be an auction of District surplus vehicles and equipment at First Capitol Auction in Vallejo. A list of the equipment to be auctioned is available and items can be inspected on the preceding Friday. COUNSEL FOR THE DISTRICT 1) Mr. Kenton L. Aim, Counsel for the District, reported that the District has received a request for funds to support litigation costs for the California Association of Sanitation Agencies (CASA) joining in the litigation of the City of Vacaville On the State Water Resources Control Board's Final Order in the City of Vacaville National Pollutant Discharge Elimination System (NPDES) permit appeal. That NPDES permit has some extraordinary items in it that might require the City to do tertiary treatment and beyond. The City discharges into an agricultural drainage ditch and not into a drinking water source. CASA is joining in the litigation because it contains several cardinal principles that have statewide impact on the wastewater industry; although because of the District's specific circumstances, the potential impacts on the District are not as great. CASA has requested $15,000 from the District based On treatment plant capacity, but staff recommends a $5,000 contribution because of the District's specific circumstances. Following discussion, the Board requested that a position paper be prepared for Board consideration. c. SECRETARY OF THE DISTRICT d. None BOARD MEMBERS 12 1) Member Lucey stated that for some time the General Manager has expressed concern about the District losing ad valorem tax revenue. The State of California deficit is currently $28 billion. The Governor is identifying cuts. Member Lucey stated that he thinks there is a substantial likelihood that the District will lose its $7 million ad valorem tax revenue. If the District loses $7 million and there are no other changes, it would require a $47 increase in the Sewer Service Charge to make up the lost revenue. Member Lucey requested that the Board keep next Thursday open for an emergency Board Meeting if the Governor does take special 05 02 79 districts' ad valorem tax revenue, and that staff be prepared to give initial thoughts on the impacts on the District. 2) President Menesini reported On the December 1, 2002 Site Vulnerability, Security and Safety panel discussion that he and the General Manager attended. The event was hosted by the Contra Costa Council and the Pacific Industrial Business Association. Discussion focused on deterring, delaying, and detecting the attack, and defending the property. 7. ADMINISTRATIVE a. AUTHORIZE THE ATTENDANCE OF TWO MANAGEMENT PERSONNEL AT THE WATER AND WASTEWATER LEADERSHIP CENTER. CHAPEL HILL. NORTH CAROLINA. MARCH 30 THROUGH APRIL 11. 2003 Member Lucey suggested that this item be put off until the next Board Meeting pending the outcome of the Governor's actions relative the State of California financial crisis and the possible loss of ad valorem tax revenue. The Board concurred. 8. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A PURCHASE OF TWO PUMPS AND MOTORS FOR THE MORAGA AND ORINDA CROSSROADS PUMPING STATIONS FOR AN AMOUNT NOT TO EXCEED 150 000 FOR THE PURPOSE OF A FIELD TEST Mr. Batts, General Manager, introduced Mr. William E. Brennan, Capital Projects Division Manager, who stated that as Mr. Batts indicated, the cost of replacement pumps may be greater than the cost of the installed Morris pumps. Fairbanks Morse, after a site visit, may propose a lower speed pump. The lower speed pumps are larger and a new, lower speed motor would be required. District staff has actively pursued getting a written proposal detailing the terms and conditions, but a formal, written proposal has not yet been received from Fairbanks Morse. The pumps are built-to- order; and delivery time, once approved, could be 26 weeks. Mr. Brennan stated that the cost of all six existing Morris pumps and motors is $260,000. The Board was previously advised that one new pump without a motor would be about $20,000. This was based upon replacing the pump only with a similar pump operating at the same speed. Morris Pumps was on site this week in another attempt to resolve the problem with the existing pumps. The District's vibration measurement consultant will measure the results of these modifications when complete. Discussion followed with regard to any possible alternatives such as entering into a research project, the time already spent in trying to correct the problem, and the need to take whatever steps are necessary to resolve this as soon as possible. It was moved by Member Lucey and seconded by Member Hockett, that the General Manager be authorized to purchase two pumps and motors as a field test in an attempt to resolve vibration problems for the Moraga and Orinda Crossroads Pumping Stations for an amount not to exceed $150,000; and that Resolution No. 2002-093 was adopted, making a finding that due to the serious nature of the vibration problems at the Moraga and Orinda Crossroads Pumping Stations, it is necessary to conduct a field test. Motion unanimously approved on the following roll call vote: AYES: Members: NOES: Members: ABSENT: Members: Lucey, Hockett, Nejedly, Boneysteele, Menesini None None 12 05 02 80 9. APPROVAL OF MINUTES MINUTES OF NOVEMBER 7, 2002 a. It was moved by Member Hockett and seconded by Member Nejedly, that the minutes of November 7,2002 be approved as presented. There being no objection, the motion was unanimously approved. 10. APPROVAL OF EXPENDITURES EXPENDITURE LIST DATED DECEMBER 5. 2002 a. Member Boneysteele, Chair of the Budget and Finance Committee, distributed and reviewed the minutes of the December 2, 2002 Budget and Finance Committee meeting at which the expenditures were reviewed, and Community Affairs Manager Harriette Heibel provided a report of total expenses associated with printing and reprographic services. Member Boneysteele noted that there have been considerable reductions in costs in this area. It was moved by Member Boneysteele and seconded by Member Lucey, that the Expenditure List dated December 5, 2002, including Self Insurance Fund Check Nos. 101953-101957, Running Expense Fund Check Nos. 141760-141957, and Sewer Construction Fund Check Nos. 25103-25132, be approved as recommended. There being no objection, the motion was unanimously approved. a. 11. BUDGET AND FINANCE AUTHORIZE SUPPLEMENTAL AUTHORIZATION...QEjj ,000.000 TQ.I!:!g GENERAL IMPROVEMENTS PROGRAM OF THE 2001-2003 CAPITAL IMPROVEMENT BUDGET Mr. Batts, General Manager, stated that each year the Board of Directors authorizes funds from the Sewer Construction Fund for the four individual programs of the Capital Improvement Budget. These four programs are the Collection System, Treatment Plant, Recycled Water, and General Improvements Programs. The amount authorized for each program is equal to the estimated annual expenditure minus the unspent program funds from the previous fiscal year. Staff miscalculated the amount in the General Improvements Program. This error was made in calculating the unspent carryover funds. The error was traced to a double counting of a supplemental authorization in the prior fiscal year for the purchase of the Animal Control Shelter property. The carryover amount was overstated and this in turn resulted in an authorization lower than that needed for the 2001-2003 General Improvements Program. Staff requests that the Board approve a supplemental authorization of $1,000,000 to correct the error. This supplemental authorization does not change the projects or planned expenditures for General Improvements that were previously approved by the Board. It was moved by Member Boneysteele and seconded by Member Hockett, that an additional $1,000,000 be authorized from the Sewer Construction Fund to the General Improvements Program of the 2001-2003 Capital Improvement Budget. There being no objection, the motion was unanimously approved. b. RECEIVE OCTOBER 2002 FINANCIAL STATEMENTS Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance (O&M) for the month of October 2002, noting that expenditures were $209,000 less than budget, representing a 6.4 percent favorable variance. Year-to-date O&M expenses were $1.6 million less than budget, representing a 12.2 percent favorable variance. Year-to-date O&M revenue was $1,170,000 or $137,000 greater than budget. Ms. Ratcliff reported that year-to-date Sewer Construction Fund revenues were $4,555,000, $4.2 million less than expenditures of $8,801 ,000. Ms. Ratcliff noted that 12 05 02 81 these figures do not include the Dougherty Valley. Approximately $3 million was expended on the Dougherty Valley and recovered from the developers. Ms. Ratcliff reported that the District's temporary investments were held in the District's Local Agency Investment Fund (LAIF) account. The average yield of the District's LAIF account through October 2002 was 2.478 percent. President Menesini declared that the October 2002 Financial Statements were duly received. 12.EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 13.ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Boneysteele requested that the report of the Budget and Finance Committee meeting be separately calendared on the Board agenda. 14. CLOSED SESSION a. INITIATION OF LITIGATION Pursuant to Government Code Section 54956.9(c), on the advice of Counsel based on existing facts and circumstances, the Board of Directors of the Central Contra Costa Sanitary District has decided or is deciding whether to initiate litigation. One potential matter is to be discussed. At 5:02 p.m., President Menesini declared the closed session to discuss litigation pursuant to Government Code Section 54956.9(c) as noted above. At 5:24 p.m., President Menesini concluded the closed session and reconvened the meeting into open session. 15. REPORT OF DISCUSSIONS IN CLOSED SESSION No decisions were made or votes taken in closed session which require reporting at this time. 16. ADJOURNMENT There being no further business to come before the Board, President Menesini adjourned the meeting at the hour of 5:25 p.m. ~~ th:--B~Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 12 05 02