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HomeMy WebLinkAboutBOARD MINUTES 11-01-01 1 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON NOVEMBER 1, 2001 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 1, 2001. President Hockett called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Nejedly, Menesini, Lucey, Boneysteele, Hockett ABSENT: Members: None Noting the presence of many interested persons in the audience, President Hockett departed from the order of the agenda to consider Item 7.b., Engineering. 7. ENGINEERING b. AUTHORIZE STAFF TO ISSUE A SPECIAL DISCHARGE PERMIT TO EXCEL LINEN SUPPLY. OR TAKE SUCH OTHER ACTION CONCERNING FEES AS THE BOARD DEEMS APPROPRIATE Mr. Charles W. Batts, General Manager, stated that the owners of Excel Linen Supply appeared at the October 18, 2001 Board Meeting and submitted a letter requesting relief from the District's Capacity Fees. These fees, based on water use, were approximately $160,000. Since this issue was not on the agenda, the Board was prohibited by law from taking action at that meeting, and directed staff to meet with Excel Linen's owners and to calendar the issue for consideration at today's Board Meeting. Staff met with Excel Linen's owners, Messrs. Mark Johnson and David Seiler, to discuss the situation, the issues involved, and what resolution was available under the District ordinance. Mr. Batts stated that Excel Linen plans to relocate outside the District after expiration of the five- year Bates Avenue lease, and they are investigating the potential for significant water recycling that could reduce their flow and applicable fees by up to 30 percent. Given these circumstances, District staff recommends that a five-year Special Discharge Permit be issued for Excel Linen's Bates Avenue location. The result of this action would be that Excel Linen would pay a Capacity Use Charge of about $10,500 per year in lieu of the Connection Fee, plus the usual Sewer Service Charges and Source Control permit fees. The owners of Excel Linen have indicated they would accept this solution, and understand that the Capacity Use Charges are analogous to rental of capacity in District facilities over the term of the permit. '. Mr. Batts introduced Mr. Jarred Miyamoto-Mills, Principal Engineer, who stated that Excel Linen Supply has been in business for 13 years. They moved to their current location at 125 Mason Circle in Concord in 1995. At that time, the Capacity Fee was set from a Special Study based on very limited flow and strength information. Since 1995, Excel Linen's business has grown substantially. Their flow for the most recent year is about 8,600 gallons per day, nearly 28 times that which was the basis of their Special Study. At their current flow and the District's current fees and charges, Excel Linen will pay about $10,500 in Sewer Service Charges and about $4,300 in Source Control permit fees this year. Excel Linen has outgrown its current leased space due to the increase in business, and is planning to relocate to 2424 Bates Avenue in Concord, about a quarter mile from its Mason Circle location. Excel Linen's owners claim that one of their considerations for selecting the Bates Avenue location was their belief that it was served by the City of Concord with lower Connection Fees and Sewer Service Charges than charged by the District. After signing a five-year lease on the Bates Avenue property and beginning tenant improvements, Excel Linen owners learned that sewer service to that location is actually provided by the District and that Capacity Fees of about $148,000 are 11 01 01 2 applicable. Upon learning of the magnitude of the Capacity Fees, Excel Linen's owners appeared at the October 18, 2001 Board Meeting and submitted a request for relief from the fees. The item was not on the agenda so by law the Board could not take action but directed staff to meet with Excel Linen's owners to attempt to resolve the matter and calendar the item for consideration at this meeting. Staff met with Messrs. Johnson and Seiler, the owners of Excel Linen, to try to resolve the matter. Excel Linen plans to relocate outside the District after five years following expiration of the Bates Avenue lease. As part of the planning for tenant improvements at the Bates Avenue location, Excel Linen is investigating the potential for significant water recycling within their process that could reduce their flow and applicable fees by up to 30 percent. Given the possibility that Excel Linen's discharge at the Bates Avenue location will be limited to five years duration, and the potential for substantial reduction in their discharge to the public sewer, staff recommends that a five-year Special Discharge Permit be issued for Excel Linen's Bates Avenue location. This procedure has been used by others in the past. Examples include the County Homeless Shelter and East Bay Municipal Utility District. Mr. Miyamoto-Mills stated that the result of this action would be Excel Linen's continued payment of about $10,500 per year in Sewer Service Charges, about $4,300 in Source Control permit charges, and additional payme.nt of $10,500 per year in Capacity Use Charges under the Special Discharge Permit. Mr. Miyamoto-Mills stated that Capacity Use Charges are analogous to rental use of facilities and no rights are granted by payment of those charges. At the end of the five-year term, Excel linen will either have to relocate outside the District or pay the Capacity Fees that are applicable at that time. Excel Linen's owners have indicated that they would accept the staff recommendation. Mr. David Seiler, owner of Excel Linen Service, addressed the Board, stating that this situation should be preventable. Mr. Seiler stated that during the time he spent with District staff he has come to the conclusion that they only can work with the ordinance on the books. Mr. Seiler stated that while payment over 15 years is doable, a 6 percent interest charge would be more than the Capacity Fee payment itself. A reasonable charge for Excel linen and other businesses would be to pay for plant demands at that time and to base the 6 percent interest charge on the yearly amount and not the total Capacity Fee. Small businesses must be competitive. If the District wants to support the community they should make adjustments to District ordinances to be fair. Mr. Seiler stated that he will continue this effort through the appropriate channels. Mr. Seiler thanked District staff for their assistance and thanked the Board for their consideration. Mr. Mark Johnson, owner of Excel Linen Service, stated that two weeks ago Mr. Seiler stood before the Board to plead the case for Excel Linen. Excel Linen signed a lease on a new building four-tenths of a mile from its old location. Mr. Johnson stated that prior to signing the lease, Excel linen checked to see which jurisdiction it was in. One District staff member said it was in the District service area, a second District staff member said it was in the City of Concord's jurisdiction but then changed his opinion. Mr. Johnson stated that the District's first offer to allow Excel linen to pay the Capacity Fees over 15 years with 6 percent interest is not feasible. Mr. Johnson stated that the proposal before the Board for payment of a Capacity Use Charge of $48,000 is more than he had originally anticipated. Excel linen has employees from every ethnic background as well as physically and emotionally handicapped employees. Mr. Johnson stated that Excel linen has a lot of support from the community and is asking for the Board's support as well. Mr. Johnson stated that he feels there was a misrepresentation from a District employee and because of that Excel linen signed a lease they would not have otherwise signed. Mr. Johnson stated that if he had known, he would have moved to a different location in Concord. Mr. Johnson stated that the District should waive its fee and instead charge Excel linen the City of Concord's connection fee of $2,000. Ms. Georgeanna Perdue, addressed the Board, stating that this is a very emotional issue and she wanted to come to this meeting because she wanted the Board to know who the owners of Excel Linen are. Excel Linen is a small company that has come through adversity. It is successful because of its owners. They truly symbolize the entrepreneurialism of the American dream. People may forget the things you say and do but they never forget the way you make them feel. Ms. Perdue stated that every day when she asks her son how his day was he always says great and that is because of the 11 01 01 3 things Messrs. Seiler and Johnson do for their employees. Ms. Perdue stated that her son has worked at Excel Linen for seven years, and that has been the best part of his life. Ms. Perdue closed by saying that Messrs. Seiler and Johnson are good people. They create a warm and good workplace for her son and others. This decision is now in the Board's hands. Ms. Perdue asked that the Board allow Excel Linen's business to continue. Ms. Perdue then introduced one of Excel Linen's most valued employees and a winner of 47 medals in the Special Olympics, her son Chuck Rogers. Mr. Rogers read a statement indicating what his job means to him. Mr. Rogers stated that he enjoys working with his coworkers. There is always a special lunch and cake for birthdays. Excel Linen is always very busy but there is always time for special days. All year long employees look forward to the holiday trip to Reno and the summer trip to the lake. Mr. Rogers stated that Messrs. Seiler and Johnson are his heros and he is always learning from them. Mr. Rogers stated that he hopes he can work at Excel Linen for a long time. President Hockett thanked all those who took time from their busy schedules to attend this meeting and all those who spoke. President Hockett returned the matter to the Board for deliberation. Member Nejedly stated that there was a concern that was brought forward, that it takes two weeks to get a decision on this matter. The Board is bound by the law and unfortunately could not act at the last Board Meeting. In response to questions from Member Nejedly, Mr. Seiler stated that although the two buildings appear about the same size, the new building is more open and larger rather than broken down into small spaces, only part of which was leased to Excel Linen. Member Nejedly stated that it was indicated that Excel Linen flow is now 28 times what it was originally estimated to be. Member Nejedly asked if Excel Linen is paying the correct amount in Sewer Service Charge. Mr. Miyamoto-Mills responded that the Sewer Service Charge is calculated on Excel Linen's current flow and so they are paying the appropriate Sewer Service Charge. Mr. Kenton L. Aim, Counsel for the District, stated that as the District ordinance is currently worded, it is intended that if there is a change in use, the District can collect the appropriate Capacity Fee charge even after the change in use has occurred and the business is operating. So if the District had made that determination with regard to the old Excel Linen facility, there is a provision to catch up that Capacity Fee if it was not charged. In response to further questions from Member Nejedly, Mr. Seiler stated that after he learned that the new location was served by the District and the amount of the fees, he tried to get out of the new lease but was unable to do so. In five years when a new location is being considered, Member Nejedly cautioned Messrs. Seiler and Johnson to get the charges in writing from the appropriate jurisdiction since the fees may be different in five years. Member Nejedly stated that in this case unfortunately there was a miscommunication or misunderstanding. Member Nejedly commended District staff for their efforts in resolving this matter in a way that is beneficial to everyone while still adhering to the District's rules and regulations and not setting a precedent. Member Menesini stated that he is in a position to be an educator because he is concerned that everyone here recognizes what the District's job is, to protect public health and the environment. The price may seem rather high but the alternative is very serious, a lot of people could get sick. Member Menesini stated that he hopes a solution has been worked out that is acceptable to all parties. Member Boneysteele stated that the District is actually a partner of the laundry and a continuation of the laundry process. The water goes down the drain from the laundry and it must be cleaned before it goes out into the bay. The District's employees are working for the laundry and doing part of their process. Member Boneysteele estimated that the cost of $10,500 per year is less than the cost of the salary for one Excel Linen employee. Member Boneysteele stated that if it is considered that this is a cost of doing business and 11 01 01 4 the fact that the District is providing a vital portion of Excel Linen's operation, it is a very good deal all the way around and a win/win situation. Member Lucey stated that this is one of the most difficult situations he has encountered as a District Board Member and it is for personal reasons. Member Lucey stated that the reason it has been so difficult is because of statements like those from Mr. Rogers. Member Lucey stated that for several years he was on the Board for a school for the developmentally disabled. Assisting clients to get jobs was of primary importance. Member Lucey stated that this is difficult because he cannot agree with the proposal. Member Lucey stated that when he sits on the District's Board of Directors, he represents the ratepayers of this District. The Capacity Fee of $160,000 is a lot of money but less than half the amount charged by Dublin San Ramon Services District for the same service. Member Lucey stated that he does not know what the District employee said, but the law is clear. An employee cannot commit the District. Member Lucey stated that he is willing to vote for payment of the Capacity Fee over time; but he cannot vote for the proposed Special Discharge Permit. President Hockett again thanked everyone for attending this meeting and for providing input to the Board. President Hockett especially recognized Mr. Rogers and thanked him for his comments. President Hockett thanked Excel Linen for bringing much more than just a linen service to the community. It was moved by Member Menesini and seconded by Member Nejedly, that staff be authorized to issue a Special Discharge Permit to Excel Linen Supply for its new facility at 2424 Bates Avenue, Concord. Motion approved on the following roll call vote: AYES: Members: Menesini, Nejedly, Boneysteele, Hockett NOES: Members: Lucey ABSENT: Members: None BREAK At 2:43 p.m., President Hockett declared a recess, reconvening at the hour of 2:47 p.m., with all parties present as previously designated. At this time, President Hockett reverted to the order of the agenda. 1. ROLL CALL a. INTRODUCTIONS . STEVE CAVIN. NEWLY HIRED HOUSEHOLD HAZARDOUS WASTE TECHNICIAN I . LOREN STAGGS. NEWLY HIRED HOUSEHOLD HAZARDOUS WASTE TECHNICIAN 1 . DAVID WYATT. NEWLY HIRED SENIOR HOUSEHOLD HAZARDOUS WASTE TECHNICIAN . JUDY FREIER. NEWLY HIRED SECRETARY I . LANCE MILLER. NEWLY HIRED MAINTENANCE CREW MEMBER I Messrs. Steve Cavin and Loren Staggs, Household Hazardous Waste Technician I's, Mr. David Wyatt, Senior Household Hazardous Waste Technician, Ms. Judy Freier, Secretary I, and Mr. Lance Miller, Maintenance Crew Member I, were introduced and welcomed to the District by President Hockett and the Board of Directors. 11 01 01 5 2. PUBLIC COMMENTS None 3. AWARDS AND COMMENDATIONS a. RECEIVE U.S. ENVIRONMENTAL PROTECTION PRETREATMENT EXCELLENCE AWARD AGENCY NATIONAL Mr. Batts, General Manager, stated that 12 years ago, the U.S. Environmental Protection Agency (EPA) created an award category for pretreatment programs as part of their Wastewater Management Excellence Awards. During that 12 years, the District has won the top award twice, and the second place award once. The 2001 first place award recognized both the high quality of the District's traditional pretreatment and source control program, and the District's innovative pollution prevention efforts. Mr. Batts introduced Mr. Tim Potter, Source Control Program Superintendent, who highlighted the District's Pretreatment Program. Mr. Potter summarized the significant elements of the District's application, including the traditional Pretreatment Program elements of classification of industrial users, permitting, inspections, sampling, enforcement response, and waste hauler program; interagency partnerships with particular emphasis on the Storm Water Inspection Program with the Contra Costa County Clean Water Program and the Green Business Program; and the Pollution Prevention Program elements of local and regional Integrated Pest Management (lPM) partnerships, the Household Hazardous Waste Collection Program, the mercury thermometer exchange program, the school education programs, and the District Pollution Prevention Awards Program. Mr. Potter introduced the following staff members who are responsible for these exceptional programs: Senior Source Control Inspector Roberta Peterson, Source Control Inspector II Beverly Lescure, Source Control Inspector II Kiley Kinnon, Source Control Inspector I Ernesto Rodriguez, Source Control Inspector I Christine Kelso, Executive Assistant Earlene Millier, Collection System Operations Technician Ken Null, Household Hazardous Waste Supervisor Elaine Jacobs, Senior Household Hazardous Waste Technician James Minor, Community Affairs Manager Harriette Heibel, Public Information and Graphics Supervisor Ken Grubbs, Graphics Technician III Son Nguyen, Public Information and Production Assistant II Chris Carpenter, and Community Affairs Representative Bonnie Mayer. President Hockett and the Board of Directors commended Mr. Potter and the team for their outstanding efforts that contributed to this significant achievement. b. ADOPT A RESOLUTION RECOGNIZING EAST BAY MUNICIPAL UTILITY DISTRICT FOR 50 YEARS OF PROUDLY PROTECTING THE BAY Mr. Batts, General Manager, stated that East Bay Municipal Utility District (EBMUD) Special District One, the wastewater treatment facility, is celebrating 50 years of public service in protecting the public health and the environment. As an agency, EBMUD has an outstanding record of compliance, customer service, efficiency, and innovation. There will be a Fifth Anniversary celebration on November 5, 2001 at 5:00 p.m. Member Boneysteele stated that he would like to have the privilege of making this motion. Member Boneysteele stated that when he graduated from the University of California, he was hired by EBMUD and worked there for three years, from 1948 to 1951, for Special District One in the design of the wastewater treatment facility. EBMUD designed the facility itself with few consultants. Member Boneysteele congratulated EBMUD Special District One and thanked them for the start they gave him. It was moved by Member Boneysteele and seconded by Member Lucey, that Resolution No. 2001-144 be adopted, recognizing EBMUD Special District One for 50 years of proudly protecting the Bay. There being no objection, the motion was unanimously approved. 11 01 01 6 4. CONSENT CALENDAR It was moved by Member Menesini and seconded by Member Nejedly, that the Consent Calendar, consisting of Item a., be approved as recommended and recording duly authorized. a. The contract work for the Lafayette Sewer Renovation Project, Phase 2, DP 5166B, was accepted, and the filing of the Notice of Completion was authorized. The motion was unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Nejedly, Lucey, Boneysteele, Hockett None None 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Item 7.b., Engineering, was taken out of order earlier in the agenda to accommodate interested persons in the audience. a. 11 01 6. REPORTS GENERAL MANAGER 1 ) Mr. Batts, General Manager, introduced Mr. Ba Than, Associate Engineer and Project Manager for the San Ramon Pumping Station Renovation Project. Mr. Than introduced the design team, Mr. Dennis Gellerman of Montgomery Watson Harza, and Ms. Karen Burks of Burks Toma Architects. Mr. Than stated that District staff and the design team are working with City of San Ramon staff to move this project forward. There has been an open house at the pumping station and two public meetings. The input received at these events has been incorporated into design. On October 18, 2001, there was a presentation to the City of San Ramon Architectural Review Board. The Architectural Review Board recommended the project and it will be considered by the San Ramon Planning Commission on November 7, 2001 and the San Ramon City Council on November 27, 2001. Approval and issuance of City permits are expected in early December. District staff is currently working with the consultants to complete the design. Mr. Than stated that design should be complete by January 2002 and bidding will follow. Mr. Than introduced Ms. Karen Burks, of Burks Toma Architects, who stated that there has been significant public input into this project. Using display boards, Ms. Burks reviewed that input noting that the appearance of the pumping station will be upgraded and made more consistent with the surrounding residential neighborhood. Non-reflective materials and muted colors will be used. The entry has been changed and there will be a pull- through driveway with a large landscaped area in front of the building. Ms. Burks stated that landscaping is a very important part of this project and has been integrated into the project to create a park-like setting. There will be new subtle two-toned paving and pattern. The fencing around three sides of the pumping station will be replaced leaving the existing fence on one side at the adjoining property owner's request. The fencing will be six feet high with some visibility through the fence. Ms. Burks stated that the pumping station building will be expanded about 24 feet. A new hip roof will cover both the existing and the new portion of the structure. There will be a lower porch-like roof formation. Ms. Burks showed samples of the materials that will be used and the elevations of the building and planting. 01 7 Discussion followed with regard to the neighbors' feelings about the proposed structural and landscaping modifications, and the hope that the modifications will be acceptable to the neighborhood and help improve relations. 2) Mr. Batts, General Manager, introduced Mr. William E. Brennan, Capital Projects Division Manager, who distributed Report Nos. 5 and 6, and provided an update on the Dougherty Tunnel and Trunk Sewer Project, DP 5902. Mr. Brennan stated that the Mangos/Estero Drive trunk sewer work should be done before Thanksgiving barring any unforeseen problems. The final paving is planned for spring. The contractor, Mountain Cascade, is doing a good job and Mr. Mike Fuller continues to be on site on a daily basis. Mr. Brennan stated that as of the October 18, 2001 Board Meeting there had been 31 public contacts, 23 of those were complaints, six were requests for information, and two were compliments. Since that time, there have been two more public contacts. One was a complaint and one was a request for information. Mr. Brennan stated that at the October 4, 2001 Board Meeting, he reported that four homeowners have raised problems that might result in claims. The District process is to tender claims to the contractor. Mr. Brennan stated that he reported to the Board that the issue of claims came up at the San Ramon City Council meeting and the process was explained to the City Council. City of San Ramon staff has again asked about the District claim process and that information has been provided to them. The San Ramon City Council has indicated they would favor quick resolution of the claims. Mr. Batts stated that the San Ramon City Council was also concerned about impacts on the community relating to the construction site and possible Halloween pranks. Mr. Batts stated that extra security was provided and there were no problems. 3) Mr. Batts, General Manager, stated that the District's new National Pollutant Discharge Elimination System (NPDES) permit was issued June 20, 2001. The new permit requires the District, either solely or in concurrence with others, to conduct a number of studies and update various District internal documents. The District, as are other agencies, is required to participate in development of Total Maximum Daily Loads (TMDL's). Staff believes that a collaborative approach will significantly reduce District resources needed to accomplish this task. Mr. Batts introduced Mr. James M. Kelly, Director of Plant Operations, who provided an update on the progress and status of TMDL development. Mr. Kelly stated that the Clean Water Act of 1972 established the NPDES permit system which requires point sources to have permits with technologically water-quality based limits. The water-quality based limits are based on the Basin Plan, National Toxics Rule, California Toxics Rule (CTR), and the State Implementation Plant for the CTR. The Clean Water Act, Section 303(d), requires that impaired water bodies be identified. The State must then establish TMDL's for pollutants that cause impairment. In 1998, the San Francisco Regional Water Quality Control Board (RWQCB) listed copper, nickel, mercury, selenium, diazinon, and PCB. The Environmental Protection Agency tEPA) added dioxin, furans, chlordane, DDT, and dieldrin in the process of approving the list. Mr. Kelly stated that TMDL's could force the District to implement very costly treatment measures. The San Francisco RWQCB proposed its 2001 list which takes copper and nickel off the 303(d) list and puts them on the "threatened" list. Copper and nickel were delisted based on an investigation led by Bay Area Clean Water Agencies (BACWA), formerly Bay Area Dischargers Association (BADA). The State Implementation Plan (SIP) imposes additional requirements for pollutants on the 303(d) list and for those agencies with interim limits. These requirements were placed in the District's NPDES permit. Through the District's NPDES permit, the District is required to develop proposals and work plans for effluent and ambient monitoring, lower detection limits with the Regional Monitoring Program, dioxin study, cyanide 11 01 01 8 11 site-specific objective, and TMDL participation/funding. Mr. Kelly reviewed the status of the studies required by the NPDES permit indicating that with regard to effluent and ambient monitoring, the District is also trying to partner with other dischargers particularly on ambient monitoring. That will substantially reduce the District costs. Development of lower detection limits with the Regional Monitoring Program is also being done as a group. The dioxin study, which is very difficult and extremely expensive to measure accurately, is being done through the Regional Monitoring Program and BACWA. Mr. Kelly stated that the cyanide site-specific objective has become an issue for dischargers throughout the Bay Area. A work plan has been submitted. The work plan will be reviewed by the RWQCB and once it is approved, the District with other dischargers will implement it. Independently, the District must update its Contingency Plan and O&M manuals. Mr. Kelly stated that the main thing left to work on and on which the District is developing an approach, is TMDL's. A TMDL Memorandum of Understanding (MOU) with RWQCB, BACWA, and Bay Area Stormwater Management Agencies (BASMA) was envisioned in the District's NPDES permit. Mr. Kelly noted that he will be Chair of BACWA starting in July 2002. The MOU gives NPDES permit holders a seat at the table. It is a five-year agreement that establishes a collaborative approach for developing work plans, priorities, funding sources, and monitoring programs. Mr. Kelly stated that the MOU should help protect the District from unattainable future limits by ensuring that TMDL's are done well. The cost for the District to participate in the MOU is estimated to be $120,000 per year. Funds for this purpose will be included in the budget next year. In closing, Mr. Kelly stated that he has confidence that this collaborative approach of working with the RWQCB will yield good results. 4) Mr. Batts, General Manager, introduced Mr. David Clovis, Safety and Risk Manager, to provide an update on the District emergency preparedness. Mr. Clovis stated that the events of September 11 have given a new awareness of the hazards that might arise and the need for an Emergency Plan. With regard to employee issues, Mr. Clovis stated that he is working on the Emergency Plan for protection of employees and facilities. The Emergency Plan will aid the District in minimizing the impact of service loss to District customers. It will make employees aware of hazards and issues surrounding security and terrorism. With regard to physical security of District facilities, Mr. Clovis reported that an evaluation of the perimeter and existing procedures is being done for both the Martinez facility and the Collection System Operations facility in Walnut Creek. As the Board is aware, the District is in the process of reviewing the current security services provided by an outside vendor. There is a heightened awareness of issues particularly with regard to controlling access of vehicles and the need for supervisor approval prior to entry. From an internal security measures standpoint, the District has access control systems, closed circuit television, and general alarm systems. Some of the pumping stations have alarms as well. Safety and Risk Management staff is working with the pumping stations to determine additional needs they may have. Mr. Clovis stated that interagency cooperation is very important. District staff will be meeting with staff from Contra Costa Water District and East Bay Municipal Utility District to discuss security measures and cooperation. The District is also coordinating with the Contra Costa County Office of Emergency Services. Mr. Clovis stated that the Standardized Emergency Management System (SEMS) came about as a result of the Oakland Hills fire in 1991. The intent of SEMS is to improve coordination of state and local emergency response in California. Components of SEMS include incident command system, multi-agency coordination system, master mutual aid agreement, operational area concept, and operational area satellite information system. The District Board of Directors adopted the District's Comprehensive Emergency 01 01 b. 9 Management Plan in 1995 incorporating SEMS. As part of that Plan, there is agreement for participation in the Contra Costa County operational area organization. In closing, Mr: Clovis stated that review of the District emergency response contingency plans is continuing, anti-terrorism training will be provided to District staff in November 2001, incident command and SEMS operations training will also be provided this year, a table top exercise will be conducted, and the District's Comprehensive Emergency Management Plan will be modified and updated. 5) Mr. Batts, General Manager, announced that on October 12, 2001, the District conducted a household hazardous waste mobile collection event. This event was different from previous mobile collection events in that electronic waste collection was conducted in conjunction with typical household hazardous waste collection. The electronic waste collection portion of the event was sponsored by the Central Contra Costa Solid Waste Authority. The combination event proved to be very popular. Over 1,000 appointments, about twice the usual number, were made. Source Control Inspector I Ernesto Rodriguez worked at the Household Hazardous Waste Collection Facility so that Senior Household Hazardous Waste Technician James Minor could work at the event. Collection System Operations (CSO) personnel directed traffic and acted as greeters. Five truckloads of electronic waste, over 15 tons, was collected and will be recycled or disposed of. 6) Mr. Batts, General Manager, announced that during the preconstruction meeting yesterday with Insituform, it became clear that one of the two northbound lands on Camino Pablo will have to be closed for an 18-hour period during the pipe inversion and curing process for the Orinda Trunk Sewer Cured-In-Place Pipe Project. That process is scheduled for Friday night and Saturday to avoid peak traffic conditions. District staff has spoken with the City of Orinda to coordinate this work. COUNSEL FOR THE DISTRICT 1 ) Mr. Kenton L. Aim, Counsel for the District, announced that he will be attending the Association of Metropolitan Sewerage Agencies/American Water Works Association (AMSA/AWWA) Attorneys Meeting on November 14,15, and 16,2001, so he will be unable to attend the November 15, 2001 Board Meeting. Mr. Aim stated that he would intend to split the cost for the conference between the District travel account and his firm. c. SECRETARY OF THE DISTRICT None d. BOARD MEMBERS 1 ) Member Lucey requested that the Board consider opening Board Meetings with the Pledge of Allegiance to the Flag. Member Nejedly stated that some people's beliefs require that they not participate and he respects the beliefs of others. Member Nejedly stated that he has no objection if it is the pleasure of the Board to open Board Meetings with the Pledge of Allegiance. Member Menesini stated that he will vote for opening Board Meetings with the Pledge of Allegiance but he questions doing it now when for years the District did not feel it was necessary. It would seem that we become more patriotic in times of crisis. Member Boneysteele stated that he thinks this is coercive. There are various religious groups who are prohibited from pledging allegiance except 11 01 01 10 2) a. to the deity. Member Boneysteele stated that rather than bringing us together, this is dividing us. Member Boneysteele pinned on the Purple Heart he received for wounds received in Germany on April 21, 1945. President Hockett asked the pleasure of the Board. On a 4/1 vote, with Members Nejedly, Menesini, Lucey, and Hockett voting yes and Member Boneysteele voting no, it was decided to open District Board Meetings with the Pledge of Allegiance to the Flag. Members Lucey and Menesini reported on the October 25, 2001 meeting of the Sanitation and Water Agencies of Contra Costa County at which the East Contra Costa Habitat Conservation Plan and its implications to other public agencies, was discussed. 3) Member Menesini announced that he attended the October 29, 2001 Bay Planning Coalition. Topics of concern pertinent to the inland bays and estuaries and the San Francisco Bay included ferry transportation, water supply, airports, and a regional vision for the marine surface and transports thereon. 4) Members Menesini and Boneysteele reported on the October 30, 2001 Personnel Committee meeting. A number of matters from that meeting will be calendared for full Board consideration at the November 15, 2001 Board Meeting. 5) Member Menesini announced that the November 19, 2001 Environmental Alliance Discussion Series will feature Dr. Larry Kolb, Assistant Executive Officer of the San Francisco Regional Water Quality Control Board. 6) Member Menesini announced that he recently attended St. Mary's College Alumni Career Information Night. Member Menesini stated that it would be a public service for District staff to share their insights with the young people who are working to become engineers or have careers in the environmental area. 7. ENGINEERING AUTHORIZE THE PRESIDENT OF THE BOARD OF DIRECTORS AND THE SECRETARY OF THE DISTRICT TO EXECUTE AN AGREEMENT WITH THE CITY OF PLEASANT HILL FOR PAVING Following explanation by Mr. Batts, General Manager, it was moved by Member Boneysteele and seconded by Member Menesini, that the President of the Board of Directors and the Secretary of the District be authorized to execute an agreement with the City of Pleasant Hill for paving in conjunction with the Pleasant Hill Relief Interceptor Project, DP 5170. There being no objection, the motion was unanimously approved. b. AUTHORIZE STAFF TO ISSUE A SPECIAL DISCHARGE PERMIT TO EXCEL LINEN SUPPLY. OR TAKE SUCH OTHER ACTION CONCERNING FEES AS THE BOARD DEEMS APPROPRIATE This item was taken out of order earlier in the agenda. a. 8. APPROVAL OF MINUTES MINUTES OF OCTOBER 18. 2001 It was moved by Member Boneysteele and seconded by Member Menesini, that the minutes of October 18, 2001, be approved as presented. There being no objection, the motion was unanimously approved. 11 01 01 11 9. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED NOVEMBER 1. 2001 Member Lucey, Chair of the Budget and Finance Committee, stated that he and Member Nejedly reviewed the expenditures and would recommend their approval. It was moved by Member Lucey and seconded by Member Nejedly, that the Expenditures List dated November 1,2001, including Self Insurance Check Nos. 101795-101801, Running Expense Check Nos. 134902-135143, and Sewer Construction Check Nos. 23873-23930, be approved as recommended. There being no objection, the motion was unanimously approved. 10. BUDGET AND FINANCE a. RECEIVE SEPTEMBER 2001 FINANCIAL STATEMENTS Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance for the month of September 2001, noting that expenditures were $555,000 less than budget, representing a 16.8 percent favorable variance. Year-to-date expenditures were $1.1 million less than budget, representing a 12 percent favorable variance. Year-to-date revenues of $2,162,000 were $457,000 less than budget. Ms. Ratcliff stated that this difference is a receivable for Sewer Service Charges so, the District is right on budget. Year-to-date Sewer Construction Fund revenues of $1,549,000 were $800,000 less than budget. Ms. Ratcliff stated that this is primarily because interest income was less than budgeted, and Facility Capacity Fees were less than budgeted because of the delay in construction in the Dougherty Valley. Year-to-date Sewer Construction Fund expenditures total $7,780,000. Ms. Ratcliff reported that the District's temporary investments were held in Treasury bills and Treasury notes and the District's Local Agency Investment Fund (LAIF) account with interest rates ranging from 3.90 percent to 6.77 percent. The latest interest rate as of April 2001 was 3.90 percent. The average yield of the District's LAIF account through August 2001 was 4.50 percent. President Hockett declared that the September 2001 Financial Statements were duly received. 11. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 12. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Boneysteele requested that staff report to the Board at a future Board Meeting, the impacts and implications to the District of a general mobilization should escalation of the current international situation make that necessary. Staff should give consideration to how the District would be impacted starting with the call up of reserves, military conscription of both males and females, what provisions the District would make to those mobilized and their families, and how staff would keep the District running. Mr. Batts stated that staff will consider those issues and report back to the Board. BREAK At 4:46 p.m., President Hockett declared a recess, reconvening at the hour of 4:58 p.m. with all parties present as previously designated. 11 01 01 12 13. CLOSED SESSION a. EXISTING LITIGATION The closed session was held to discuss existing litigation pursuant to Government Code Section 54956.9(a). The title of the litigation to be discussed is CCCSD v. Joanne Lindroth and related cross actions, Contra Costa County Superior Court Case No. C99- 04092. b. 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. Two potential matters are to be discussed. One of those matters relates to multiple claims associated with construction of the Pleasant Hill Relief Interceptor Phase 4. At 4:58 p.m., President Hockett declared the closed session to discuss litigation pursuant to Government Code Sections 54956.9(a) and (b) as noted above. At 5:48 p.m., President Hockett concluded the closed session and reconvened the meeting into open session. 14. REPORT OF DISCUSSIONS IN CLOSED SESSION No decisions were made or votes taken in closed session which require reporting at this time. 15. ADJOURNMENT There being no further business to come before the Board, President Hockett adjourned the meeting at the hour of 5:49 p.m. to reconvene at 10:00 a.m. on Thursday, November 15, 2001, for a site visit to the Dougherty Tunnel and Trunk Sewer Project and the San Ramon Pumping Station Renovation Project. ~~X~pJb , President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Se et r of the Central ont Costa San y District, County of Contra Costa, State of California 11 01 01