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HomeMy WebLinkAboutBOARD MINUTES 12-06-01 26 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON DECEMBER 6, 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 December 6, 2001. President Hockett called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Menesini, Lucey, Boneysteele, Hockett 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 Member Menesini led the Pledge of Allegiance to the Flag. b. INTRODUCTIONS . INTRODUCE RANDALL MUSGRAVES. NEWLY HIRED DIRECTOR OF ADMINISTRA TION . INTRODUCE JOHN PHILLIPS. NEWLY HIRED MIS SYSTEMS ANALYST Mr. Randall M. Musgraves, Director of Administration, and Mr. John Phillips, MIS Systems Analyst, were introduced and welcomed to the District by President Hockett and the Board of Directors. 2. PUBLIC COMMENTS None 3. CONSENT CALENDAR It was moved by Member Menesini and seconded by Member Lucey, that the Consent Calendar, consisting of Items a. through c., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. The Grant of Easement from J. Wesley Hardin Morse and Jennifer L. Sceili over the existing public sewer at 1261 Camino Tassajara, Danville, DP 690, was accepted; staff was authorized to record said Grant of Easement with the Contra Costa County Recorder; and Resolution No. 2001-149 was adopted to that effect. Motion approved on the following vote: AYES: Members: Menesini, Lucey, Boneysteele, Hockett NOES: Members: None ABSENT: Members: Nejedly 12 06 01 None a. 27 b. The Board of Directors' meeting of January 10, 2002, at 2:00 p.m. was established as the date and time for a public hearing to receive comments on proposed Reimbursement Fees for properties which could directly connect to sewers installed by private individuals identified as Projects 5183, 5357, 5377, 5409, 5432, and 5485. Motion approved on the following vote: AYES: Members: Menesini, Lucey, Boneysteele, Hockett NOES: Members: None ABSENT: Members: Nejedly c. The attendance of Maintenance Supervisor Tifton Gantt and Maintenance Crew Leader Steve Sauter was authorized at the Underground Construction Technology 2002 Conference to be held in Houston, Texas, January 15-17, 2001, at a cost of $1,450 each. Motion approved on the following vote: AYES: Members: Menesini, Lucey, Boneysteele, Hockett 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, introduced Mr. William E. Brennan, Capital Projects Division Manager, who provided an update on San Ramon projects. Mr. Brennan distributed Dougherty Tunnel and Trunk Sewer Project Report No.8, stating that this may be the last update for some time. Work on the Mangos//Estero Drive Trunk Sewer is complete except for the final street paving and raising of manholes. The initial San Ramon Pumping Station work, done on the Dougherty Tunnel and Trunk Sewer Project, is complete and temporary landscaping has been done. The tunneling work on the Dougherty Tunnel began yesterday, December 5, 2001. As of the last Board meeting 39 public comments had been received. Thirty of those were complaints, seven were requests for information, and two were compliments. Since that time five more public contacts have been received. One was a complaint and four were requests for information. Mr. Brennan stated that the San Ramon City Council has requested that the District provide quick resolution of any construction claims that arise. This matter also came up at the San Ramon Planning Commission meeting. Three residents have been provided with claim forms but to date no formal claims have been received. In response to questions from the Board, Mr. Brennan briefly described the nature of the complaints received. Mr. Brennan reported that he, Senior Engineer Ba Than, Director of Engineering Ann Farrell, General Manager Charles Batts, and District Counsel Kent Aim attended the San Ramon Planning Commission meeting on November 20, 2001. This was the second meeting at which the San Ramon Planning Commission considered the District's San Ramon Pumping Station Renovation Project. Remaining issues were building height, and 12 06 01 28 further documents on mitigation of noise and mitigation of odor. The homeowners across the street from the pumping station would prefer a shorter building, but in order to have the appearance of the homes in the area, the roof height is necessary. The San Ramon Architectural Review Board and the Planning Commission are satisfied with the height. Conditions of approval had been received in advance and discussed with San Ramon staff. Some modifications were made. Mr. Brennan stated that he and the District's experts provided testimony and made the presentation to the San Ramon Planning Commission. The Planning Commission seemed to be satisfied with the information provided. The Planning Commission made minor modifications to the conditions of approval, and approved the project and recommended it to the San Ramon City Council. The San Ramon City Council will hear this matter on December 11, 2001, and it is hoped that the project will be approved at that time. Mr. Brennan stated that on September 6, 2001, the Board of Directors approved the San Ramon Force Main Project design contract. Using a map, Mr. Brennan described the location and alignment of the force main and noted areas where there could be potential significant impacts to schools, Bishop Ranch, and residents adjacent to the Iron Horse Trail. It appears that it will be possible to put the force main adjacent to the actual trail rather than in it. Public meetings have been scheduled for Wednesday, January 9, 2002 from 7:00 p.m. to 9:00 p.m., Friday, January 11, 2002 from 1 :00 p.m. to 4:00 p.m., and Saturday, January 12, 2002 from 10:00 a.m. to 2:00 p.m. The public meetings will be held at the San Ramon Community Center. The Engineering Project Team (Bill Brennan, Ann Farrell, Michael Penny, Tad Pilecki, and Jackie Zayac) and Communications Affairs staff (Harriette Heibel and Bonnie Mayer) worked together in developing the community outreach approach. Meetings will also be held with staff members from other agencies such as the City of San Ramon, Contra Costa County, Bishop Ranch, San Ramon Unified School District, and East Bay Regional Park District to determine their issues and needs. In February and March, staff will begin meeting with civic groups if interest is expressed. Discussion followed with regard to placement of the force main adjacent to the trail and potential impacts from that construction. Mr. Brennan stated that it may be possible to build a fence restricting access to the construction site and some of the crossings for certain periods of time. Staff is looking at that and will try to avoid closing the trail. Member Lucey stated that staff should be prepared for those questions and should provide clear responses so people will know what to expect. Member Lucey also suggested that Community Affairs staff be involved in the public meetings. Mr. Batts stated that in the future, because of the present status of the projects, staff will report to the Board on milestone events rather than reporting at each Board Meeting. The Board concurred. 2) Mr. Batts, General Manager, stated that at the last Board Meeting, Dr. Gail Chesler told the Board that the Draft Environmental Impact Report (EIR) on the Effluent Discharge Limit Increase was completed and would be distributed for public comment. Copies have been provided to the Board. As of the last Board Meeting, the District had not heard from Fish and Wildlife on the District's response to their letter. Mr. Batts introduced Dr. Gail Chesler, Associate Engineer, who provided a brief recap of her recent discussions with Fish and Wildlife regarding the Draft EIR. Dr. Chesler reviewed the communications with Fish and Wildlife beginning with the Notice of Preparation of the EIR on March 7, 2001, scoping meetings on March 21, 2001, close of the comment period for the Notice of Preparation on April 6, 2001, and receipt of the late response from Fish and Wildlife on June 13, 2001. That letter was included in the Draft EIR and was distributed to the Board. Fish and Wildlife questions the effect of the project on the density, distribution, scope or timing of future growth, but they do 12 06' 01 29 not believe additional effluent flow will affect listed species. Dr. Chesler stated that after the letter from Fish and Wildlife was received, she made several calls to try to ~i~â"'~ê~i1n'g but got no response. The District sent a certified letter to Fish and Wildlife on October 12, 2001. That letter was received on October 15, 2001. On November 19, 2001, the District received a telephone call from Fish and Wildlife indicating they were not interested in discussing the issues identified in their letter but rather wanted to talk about the process for involving the District in a Habitat Conservation Plan. This was discussed at the District staff level with District Counsel, and Fish and Wildlife was advised that the District had incorporated their comments and addressed them in the Draft EIR. It was also indicated that the District is not a land use planning agency. Dr. Chesler stated that the Draft EIR has been distributed for public review. A public meeting has been scheduled for December 12, 2001 at the District's Collection System Operations Office in Walnut Creek. January 13, 2002 is the close of comments and the final EIR will be distributed on February 22, 2002. A notice of public hearing will be published March 7, 2002 and there will be a public hearing for Board consideration and vote on March 22, 2002. Mr. Kenton L. Aim, Counsel for the District, stated that he and District staff believe that Fish and Wildlife's positions are not well taken. Hopefully this will not be a major issue for the District, but it could become very significant, so staff wanted to ensure that the Board was aware of the possibility. 3) Mr. Batts, General Manager, stated that during the storm event of November 3Q and December 1 and 2, two inches of rain fell at the treatment plant and four inches of rain fell in the Orinda, Moraga area. The collection system had four minor call outs. Maximum flow into the Plant was 110 MGD. Some flow was bypassed to the wet weather basins but was returned to the Plant and processed within 24 hours. Plant performance remained within National Pollutant Discharge Elimination System (NPDES) permit limits, with low effluent turbidity and suspended solids. The new syphons installed as part of the Pleasant Hill Relief Interceptor Project, Phase 4, eliminated the surcharging that was historically experienced in Pleasant Hill. Several power outages were experienced at pumping stations, one of which required a Pumping Stations Operator to start the standby generator. In summary, Mr. Batts stated that facilities and staff performed well and no major problems were encountered. 4) Mr. Batts, General Manager, reported that on Sunday, November 18, 2001, a homeowner at 321 Bedford Place in Moraga noticed an overflowing manhole in an easement behind his house and called the District answering service at 3:31 p.m. The discharge flowed into a tributary of Laguna Creek. District crews eliminated the root blockage at approximately 5:30 p.m. The overflow was contained and raw sewage was pumped back into the sanitary sewer system. All signs of gross pollution were removed, the creek was flushed with dechlorinated fresh water, and inspected approximately 1 1'2 miles downstream. Approximately 130,000 gallons of dechlorinated water was flushed down the creek and pumped back into the sewer system. The creek was inspected after flushing and the area was left in a clean condition. The reported estimated volume of the overflow was 120,000 gallons, based on the number of homes above the line (172) and observations of site conditions. The overflow quantity reported to the appropriate agencies is more than likely to be an overstatement of the actual quantity. The plugged line segment was moved from its present 12-month cleaning schedule to a six-month cleaning schedule. 5) Mr. Batts, General Manager, reported that on Tuesday, December 4, 2001, the District's Household Hazardous Waste Collection Facility received two containers with chemicals that were determined to be explosives. One was one-half pint of picric acid and the other was 25 grams of 2,4 12 06 01 30 12 b. 6) 7) 8) Dinitrophenylhydrazine. Picric acid is used in laboratories and industry for dyes, explosives, and antiseptics. It is a liquid that becomes unstable with time as it crystallizes. 2,4 Dinitrophenylhydrazine is an explosive used as a propellent. These chemicals were received at the Household Hazardous Waste Collection Facility from a resident, the son of a deceased chemist. The Household Hazardous Waste Collection Facility was closed and the County Sheriff and County Hazardous Materials Response Team were notified. The Sheriff called the Bomb Squad from Alameda County who removed and later destroyed the explosive materials. Mr. Batts, General Manager, invited Board Members to the District's holiday lunch at noon on December 18, 2001 at Zandonella's in Pittsburg. Mr. Batts, General Manager, thanked Board Members for attending the recent Employee Service Awards lunch, and thanked President Hockett for her kind words. Mr. Batts, General Manager, announced that position papers appointing the Director of Administration Secretary Pro Tem, and ratifying and confirming delegation of authority to the General Manager will be calendared for Board consideration at the next Board Meeting. Mr. Kenton L. Aim, Counsel for the District, stated that he felt that the Board should clarify the delegation of authority to the General Manager; and he asked staff to prepare such a position paper for the Board consideration. Mr. Batts stated further, that if the Board wishes, delegation of authority to the General Manager to sign the title page of bid specifications can be included as well. It was the consensus of the Board, with Member Nejedly being absent, that the position paper include delegation of authority to the General Manager to sign the title page of bid specifications. COUNSEL FOR THE DISTRICT None c. SECRETARY OF THE DISTRICT 2) 06 1 ) Ms. Joyce E. Murphy, Secretary of the District, distributed copies of a proposed change in the Quarterly Training and Conference Summary Report format. The new format is in "Excel" spreadsheet and allows for sorting and manipulation of the information for various reports that would be useful to staff. If the Board has no objection, the new format will be used beginning with the next quarterly report. Following discussion of sharing of the information gained at training/conferences with other employees and the previous reporting format that included a summary and evaluation of the training/conferences attended, the Board endorsed use of the new report format. Ms. Murphy, Secretary of the District, announced that in accordance with Board direction given in February 2001, election of the District Board President and President Pro Tem for the 2002 calendar year will be calendared on the December 20, 2001 Board Meeting Agenda, and the Board committee assignments for the coming year will be made at the January 10, 2002 Board Meeting. 01 31 d. BOARD MEMBERS 1 ) Members Boneysteele and""Menesini reported that at the November 19, 2001 Environmental Alliance Discussion Series, Dr. Larry Kolb, Assistant Executive Officer of the San Francisco Regional Water Quality Control Board, gave an interesting presentation. Member Menesini stated that there will not be an Environmental Alliance Discussion Series in December, but the series will resume in January. 2) Member Menesini announced that the Contra Costa Special Districts Association is considering activities to educate the public on the role and purpose of special districts. One idea being considered is an information packet on special districts. A second idea is to involve and inform newspapers, schools, and businesses as to what special districts do for the community. 6. ADMINISTRATIVE a. APPROVE CONTRACT FOR SERVICES WITH GUARDS MARK INC. FOR THE SECURITY GUARD SERVICE CONTRACT FOR DISTRICT FACILITIES Mr. Batts, General Manager, introduced Mr. David Clovis, Safety and Risk Manager, who stated that the District has used the services of a security contractor since the early 1980's out of a concern for security of property, liability issues, and to protect operations and employees. Mr. Clovis reviewed the staffing levels and duties performed by the security service. In 2000, American Protective Services (APS), the security service provider, was purchased by Pinkerton. There have been some significant problems since May 2000 with service levels and staffing levels. After meeting with the security service provider several times relative to these issues and seeing no improvement, a Request for Proposals was issued for security services. Mr. Clovis reviewed the proposals received from Guardsmark, Guardian, Pinkerton, and Continental. The proposals were evaluated on experience, quality of service, effective management, ability to do a transition, and ability to work in partnership with the District. Based on that evaluation, staff recommends that the Board approve the contract for security services with Guardsmark Inc. Discussion followed with regard to training for security officers, service criteria for the contract, the three-year term of the contract with cost-of-living adjustments in years two and three, and the District's ability to terminate the contract with 30 days notice for failure to provide the agreed upon levels of service or staffing. Following discussion, it was moved by Member Lucey and seconded by Member Menesini, that a contract for service with Guardsmark Inc. for the security guard service for District facilities be approved. There being no objection, the motion was approved with Member Nejedly being absent. 7. ENGINEERING a. APPROVE ADDENDUM TO CONTRA COSTA COUNTY'S 1996 DOUGHERTY VALLEY SUBSEQUENT ENVIRONMENTAL IMPACT REPORT ADDRESSING A TEMPORARY SEWER SYSTEM: APPROVE THE TEMPORARY SEWER SYSTEM PROJECT: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A TEMPORARY SEWER FACILITIES AND SERVICE AGREEMENT WITH WINDEMERE BLC LAND COMPANY LLC Mr. Batts, General Manager, stated that Windemere BLC Land Company, one of the Dougherty Valley developers, has requested permission to construct a temporary pumping facility and forcemain to serve the initial connections needed in their development prior to completion of the Dougherty Tunnel and Trunk Sewer Project. After review, District staff has concluded that Board consideration of an addendum to the 1996 Contra Costa County Subsequent Environmental Impact Report (EIR) is the most appropriate method for the environmental review process. If the addendum is approved by the Board, a temporary 12 06 01 32 service agreement with Windemere BLC Land Company will be drafted to establish conditions of District approval for the temporary facilities. Mr. Batts introduced Mr. Jarred Miyamoto-Mills, Principal Engineer, who stated that the proposed temporary sewer facilities for the Dougherty Valley will include a 0.38 MGD pumping station to serve no more than 540 homes and 9,770 linear feet of 6-inch diameter pressure sewer (forcemain) which will discharge to the Lawrence Road Temporary Pumping Station #2 (South). Removal and abandonment of the temporary sewer facilities is required within one year of the completion of the Dougherty Tunnel. Using a map, Mr. Miyamoto-Mills described the location of the facilities and the various developers in the general area. It is expected this system will be in operation no more than one year if construction of the Dougherty Tunnel proceeds as planned, but the contract is for three years in case the Dougherty Tunnel is delayed for some reason. Staff has concluded that an addendum to the Contra Costa County SubseQuent EIR is the appropriate review of these temporary facilities. Mr. Miyamoto-Mills stated that an addendum is considered appropriate when there are no substantial changes in the project or the circumstances under which the project is being undertaken that will require major revision of the Subsequent EIR, and when there is no new information of substantial importance which was not known and could not have been known at the time the Subsequent EIR was certified. Mr. Miyamoto-Mills stated that there are no substantial changes in the project or the circumstances under which the project is being undertaken. This temporary system will involve environmental effects similar to those for construction of other elements of the development. The Subsequent EIR's mitigation measures would apply to construction and operation of the temporary sewer facilities. Mr. Miyamoto-Mills stated further that there is no new information of substantial importance which was not known and could not have been known at the time the Subsequent EIR was certified. The Dougherty Tunnel and Trunk Sewer is still the permanent sewer service system. No new alternatives or mitigation measures are required. Mr. Miyamoto-Mills stated the temporary sewer facilities and service agreement requires that Windemere BLC Land Company: . Design, build, and pay for the pumping station and forcemain; . Pay for all O&M costs in advance with adjustment for actual costs at the end of the year; . Remove and/or properly abandon facilities within one year of completion of the Dougherty Tunnel and Trunk Sewer; and . Pay all customary fees and charges. Mr. Miyamoto-Mills presented the staff recommendation that the Board approve the addendum to Contra Costa County's 1996 Dougherty Valley Subsequent EIR addressing a temporary sewer system, approve the temporary sewer system project, and authorize the General Manager and Secretary of the District to execute a temporary sewer facilities and service agreement with Windemere BLC Land Company. Mr. Miyamoto-Mills introduced Mr. John Doorlay, of Morrison and Foerster the attorneys' for Windemere BLC Land Company, who was present in the audience. It was moved by Member Lucey and seconded by Member Menesini, that an addendum to Contra Costa County's 1996 Dougherty Valley Subsequent EIR addressing a temporary sewer system be approved; that the temporary sewer system project be approved; and that the General Manager be authorized to execute an agreement with Windemere BLC Land Company LLC for temporary sewer facilities to serve connections needed prior to completion of the Dougherty Tunnel and Trunk Sewer Project. There being no objection, the motion was approved with Member Nejedly being absent. 12 06 01 33 8. APPROVAL OF MINUTES a. MINUTES OF NOVEMBER 15. 2001 ". ;;(,jiri',rf;".Æ,'.~.'.,. It was moved by Member Menesiniand'seconded by Member Boneysteele, that the minutes of November 15, 2001 be approved as presented. There being no objection, the motion was approved with Member Nejedly being absent. 9. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED DECEMBER 6. 2001 Member Lucey, chair of the Budget and Finance Committee, stated that he reviewed the expenditures. It was moved by Member Lucey and seconded by Member Menesini, that the Expenditure List dated December 6,2001, including Self Insurance Check Nos. 101806-101809, Running Expense Check Nos. 135368-135624, and Sewer Construction Check Nos. 23990-24041, be approved as recommended. There being no objection, the motion was approved with Member Nejedly being absent. 10. BUDGET AND FINANCE a. RECEIVE OCTOBER 2001 FINANCIAL STATEMENTS Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance for the month of October 2001, noting that expenditures were $206,000 less than budget, representing a 6.5 percent favorable variance. Year-to-date expenditures were $1.3 million less than budget, representing a 10.7 percent favorable variance. Year-to-date revenues of $2,847,000 were right on budget. 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 5.7 percent to 6.7 percent. The latest interest rate as of December 2000 was 5.7 percent. The average yield of the District's LAIF account through September 2001 was 4.3 percent. Following discussion of District temporary investments and interest rates, President Hockett declared that the October 2001 Financial Statements were duly received. 11. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 12. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS None 13. ADJOURNMENT There being no further business to come before the Board, President Hockett adjourned the meeting at the hour of 3:35 p.m. ~cúYC-£(8Uf5;W President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: S c~ t ry of the Centr I Co ra Costa Sa Itary District, County of Contra Costa, State of California 12 06 01