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HomeMy WebLinkAboutBOARD MINUTES 07-15-04 8 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JULY 15, 2004 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 July 15, 2004. President Lucey called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Menesini, Boneysteele, Nejedly, Hockett, Lucey ABSENT: Members: None a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance to the Flag. b. INTRODUCTIONS . INTRODUCE MARY BRADSHAW. NEWLY HIRED ENGINEERING TECHNICIAN II . INTRODUCE TOM BROWN. NEWLY HIRED MAINTENANCE TECHNICIAN III. MECHANICAL Ms. Mary Bradshaw, Engineering Technician II, and Mr. Tom Brown, Maintenance Technician III, Mechanical, were introduced and welcomed to the District by President Lucey and the Board of Directors. 2. PUBLIC COMMENTS None 3. CONSENT CALENDAR It was moved by Member Hockett and seconded by Member Boneysteele, that the Consent Calendar, consisting of Items a. through e., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. An easement quitclaim to Alpine/Alma Development, LLC, for an abandoned sewer at 1321 Alma Avenue, Walnut Creek, District Job 1552, was approved; staff was authorized to record the quitclaim with the Contra Costa County Recorder; and Resolution No. 2004-044 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: Hockett, Boneysteele, Menesini, Nejedly, Lucey NOES: Members: None ABSENT: Members: None b. Resolution No. 2004-045 was adopted, directing that the 2004-2005 assessments for Contractual Assessment Districts be collected on the County tax roll. Motion unanimously approved on the following vote: 7 -15-04 I I I I I I AYES: Members: NOES: Members: ABSENT: Members: 9 Hockett, Boneysteele, Menesini, Nejedly, Lucey None None A one-step salary merit increase was approved effective June 25, 2004, for Assistant Engineer Dana Lawson, as the registration differential provided for in the Memorandum of Understanding with the Management/Support Confidential Group. c. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Boneysteele, Menesini, Nejedly, Lucey None None d. Medical leave of absence without pay was authorized for Derhyt Houck, Maintenance Technician III, Mechanical, through November 1,2004. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Boneysteele, Menesini, Nejedly, Lucey None None The request of Derhyl Houck, Maintenance Technician III, Mechanical, for an emergency withdrawal of $14,000, covering the months of August and September, 2004, from the Deferred Compensation Plan, was approved as recommended by the Deferred Compensation Plan Advisory Committee. e. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Boneysteele, Menesini, Nejedly, Lucey None None 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER President Lucey stated that with the Board's indulgence, he would suggest that Item 11., Closed Session, be taken out of order as Member Nejedly has advised that he must leave the meeting early. Hearing no objection, President Lucey proceeded to Item 11., Closed Session. 11. CLOSED SESSION a. 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. One potential matter is to be discussed. 7 -15-04 10 At 2:05 p.m., President Lucey declared the closed session to discuss litigation pursuant to Government Code Section 54956.9(b) as noted above. At 2:12 p.m., President Lucey concluded the closed session and reconvened the meeting into open session. 12. REPORT OF DISCUSSIONS IN CLOSED SESSION No decisions were made or votes taken in closed session which require reporting at this time. I At this time, President Lucey reverted to the order of the agenda. 5. BIDS AND AWARDS a. AUTHORIZE AWARD OF CONTRACT FOR TELEVISION INSPECTION OF SANITARY SEWERS TO ROTO-ROOTER FOR THE SEWER TV INSPECTION PROGRAM PROJECT. PHASE 3. DP X5547 Mr. Charles W. Batts, General Manager, stated that the first two phases of the television inspection program of the entire District sanitary sewer collection system are now complete. The inspection of all of the Orinda sewers is one milestone for this program. Phase 3 will complete most of the Walnut Creek sewers. The bid results were_very favorable in terms of cost per foot. Based on the bid, staff wishes to extend the footage televised to the full amount authorized in the 2004-2005 Capital Improvement Budget. Following discussion of the wide ranges of bids and use of the information gathered in the CMOM (Capacity, Management, Operations and Maintenance) Program, it was moved by Member Menesini and seconded by Member Hockett, that award of a service contract in the amount of $1 ,018,100 (including $324,609 for the additional 400,000 feet) be authorized for completion of the Sewer Television Inspection of Sanitary Sewers Project, Phase 3, DP X5547, to the lowest responsible bidder, Roto-Rooter. There being no objection, the motion was unanimously approved. I b. AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO PACIFIC GENERAL ENGINEERING FOR THE COW CREEK CROSSING RENOVATION PROJECT. DP 5672 Mr. Batts, General Manager, stated that a 12-inch sanitary sewer crosses Cow Creek within the Town of Danville. Over the last several years the creek has eroded away portions of the bank and is now undermining an adjacent manhole. Temporary riprap was placed around the manhole last December to ensure the structure would make it through the winter storms. This project will re-grade the channel to its original configuration and place riprap on the bank to protect the manhole from future problems. President Lucey stated that in talking to Director of Engineering Ann Farrell he learned that the Project Manager for this project, Dana Lawson, just received her Professional Engineer license as noted earlier in the agenda, and today she tries out for the U.S. Olympic Team. Board and staff joined in congratulating Ms. Lawson and wishing her well at the U.S. Olympic Team trials. It was moved by President Lucey and seconded by Member Hockett, that award of a construction contract in the amount of $39,650 for the construction of the Cow Creek Crossing Renovation Project, DP 5672, be authorized to Pacific General Engineering, the lowest responsible bidder. There being no objection, the motion was unanimously approved. I 6. REPORTS GENERAL MANAGER a. 1) Mr. Batts, General Manager, stated that the partisan wrangling continues in Sacramento regarding the $103 billion State budget. The major hurdle 7 -15-04 I I I 11 is the "deal" Governor Schwarzenegger made to protect local government funding in the future. The State legislators, split along party lines, continue to bicker over the size of the majority needed to raid local government revenue in future years. Schwarzenegger and the GOP want three-fourths and the Democrats want two-thirds. While this sounds ominous, the reality is that the budget "deals" offered by the Governor are acceptable to the legislature and all that remains is just working out the details to get an approved State budget. With regard to the Contra Costa County Employees Retirement Association (CCCERA), Mr. Batts reported that the Grand Jury report on the County Retirement System was provided to the Board. In today's newspaper, it was reported that the CCCERA Board has accepted the actuarial recommendations and changed key assumptions which will raise pension costs for both District employees and the District in the future. 2) Mr. Batts, General Manager, stated that during May and June, staff made presentations to the Board about reviews of special studies to determine capacity fees for approximately 120 commercial customers. These special studies were initially prepared between 1997 and 2002. Under the District Code, staff may review these studies after three to five years of operation to verify the water use assumptions. At the June 17, 2004 Board Meeting, Member Menesini requested that a presentation be made about the process used in calculating connection fees under the District Special Study Capacity Fee Program. Mr. Batts introduced Mr. Curtis W. Swanson, Environmental Services Division Manager, to provide more details on how capacity fees are calculated under the special study process using recent recalculations for two customers as examples. Mr. Curtis W. Swanson, Environmental Services Division Manager, stated that the Capacity Fee Program provides for new users to "buy into" the District sewer system. New users pay a capacity fee at the time of initial connection to the sewer system. If there is no standard fee for that use or if requested by the connector, a special study is conducted to calculate the capacity fee based on wastewater strength and volume, and business processes. Mr. Swanson used a flowchart to describe the steps involved in a special study, beginning with the customer requesting or the District initiating the special study. If the customer requests the special study, there is a $250 fee. If the District initiates the special study it is paid for in the District's overhead. The customer provides water use and other data. - The District performs the special study and calculates the capacity fee. The customer pays the capacity fee. The customer is advised that the District may review the special study after one to five years. President Lucey asked why customers are not told after one or two years that an additional fee may be owing. Mr. Swanson stated that is a valid comment, and will be addressed later in the recommendations at the end of the presentation. Mr. Swanson stated that staff noted that a comment to that effect was made by the Board during the last presentation on this subject. Mr. Swanson continued with review of the special study flowchart, stating that the District then reviews the special study based on one to five years of operation. The three potential outcomes of the special study reviews are that an additional fee is owed if there is more wastewater or higher strength; there is a refund; or there is no change if the review is within 20 percent either way of the special study calculation. Mr. Swanson stated that capacity fees are based on anticipated wastewater strength and volume from a particular business or operation. Residential use is the District's most common use, comprising about 100,000 connections. Fees for different users are based on "Residential Unit Equivalent" (RUE). Mr. 7 -15-04 12 Swanson reviewed the following formulas that are used to calculate RUE and Special Study Capacity Fees: RUE = [Flow/200 gpd] [0.69+0.14 (BOD/200mg/l) + 0.17 (TSS/215 mg/I)] Special Study Capacity Fee = (# of RUEs) (Basic Capacity Fee/RUE) Mr. Swanson showed the special study capacity fee calculation for Oakwood Athletic Club and Round Table Pizza. In the Oakwood Athletic Club example, the projected water use used in the initial study was 14,034 gpd. When the revised study was done, it was found that the actual water use was 30,176, almost twice as much. When the formula was applied, based on the RUE fee at the time of the Oakwood Athletic Club connection of $2,572/RUE, an additional $192,200 is owed for the added burden. Mr. Swanson stated that Round Table Pizza is a small take out pizza restaurant with no sit down facilities. Round Table Pizza was charged the standard capacity fee for a delicatessen at 1.166 RUE per 1,000 square feet. Round Table Pizza requested a special study for a possible refund since they felt they produced less than a delicatessen. The District did a special study at their request. In the Round Table Pizza example, the projected water use used in the initial study was 435 gpd. When the revised study was done, it was found that the actual water use was 1,595 gpd, approximately four times as much as estimated, and an additional fee of $14,755 is owed. Mr. Swanson stated that some conclusions were drawn from reviewing the 120 special studies over the last few months. As noted by President Lucey earlier in the meeting, special studies should be reviewed each year and the owner notified if there is an increase in water use. That will keep the customers informed of what they might expect and it will also give them an opportunity to implement water conservation practices to modify water usage if appropriate. Standard capacity fees for delicatessens, large fitness athletic clubs, residential hotels, and others need to be reviewed to be sure the basis for those fees is valid or whether they need to be changed based on the information gathered in special studies review. Mr. Swanson stated that staff will come back to the Board if a change is warranted. Following discussion of effluent quality and periodic Source Control inspections, President Lucey thanked Mr. Swanson for his report. 3) Mr. Batts, General Manager, provided an update on the Public Records Act request from Environmental Advocates, stating that Environmental Advocates was originally scheduled to come in on July 13 to copy the records requested. They recently called to reschedule to July 27, 2004. 4) Mr. Batts, General Manager, provided an update on extending sewer service to the Alhambra Valley. The Board will recall that Security Owners Corporation, owned by Jim and Scott Busby, has proposed a 23-home subdivision in the Alhambra Valley. The final Environmental Impact Report (EIR) is scheduled to be approved by the County in August. The EIR describes two alternatives for sewer service: a gravity sewer extension, and a temporary pumping station and forcemain. The District prefers the gravity sewer alternative; however, the developers have indicated that it is uneconomical and unwarranted for their subdivision to extend a gravity sewer through the entire valley. Earlier this year, the developers sought the participation of local residents through a petition drive requesting the District to investigate the costs and process to extend public sewer service to the Alhambra Valley. The developers offered to contribute $400,000 to reduce the cost of a public sewer extension. 7-15-04 I I I I I I b. 13 Owners of 96 properties signed petitions for such a study. Unfortunately, this participation level, while overwhelmingly favorable, did not indicate the majority of property owners would support assessments for the gravity sewer. The Board was provided with copies of a letter from the District advising the valley residents of the status of the developers' efforts to extend a gravity sewer. The letter also advises those property owners who did not submit petitions (approximately 140 property owners) to do so if they have any interest in investigating a sewer extension project. If sufficient petitions are received by mid-August, the gravity sewer could be reconsidered to take advantage of the developers' $400,000 contribution. Within the next few months without a mandate, Security Owners Corporation is expected to request District approval to pursue a temporary pumping station alternative for their development. In anticipation of this request, staff will prepare a briefing paper for the Board that will address costs and other considerations of the two alternatives for providing sewer service to the proposed development. Member Nejedly stated that property owners would save approximately $2,000 each if they take advantage of the developers' contribution of $400,000. Member Menesini agreed, stating that eventually this area must be sewered. It seems logical that this $400,000 contribution should not be wasted. Member Nejedly asked if the District could become more proactive? Mr. Batts stated that essentially that is what this letter would do. Staff will come back to the Board with a briefing paper in the near future. 5) Mr. Batts, General Manager, announced that the annual summer student picnic will be held tomorrow, July 16, at Hidden Valley Park on Center Avenue in Martinez. Board Members are invited to join District staff. This annual event is an opportunity to meet the District's summer students and co-op students. 6) Mr. Batts, General Manager, announced that the total cost for the joint household hazardous waste/electronic waste collection event held in Walnut Creek on June 12 was $29,526. As agreed, the Central Contra Costa Solid Waste Authority (CCCSWA) will pay 65 percent of these costs, or $19,192. The District is responsible for $10,334. CCCSWA will also pay 100 percent of the electronic waste collection costs.- Mr. Batts announced that Office Depot and HP announced that from July 18 through September 6, 2004, consumers may drop off one electronic item per person per day free of charge. Office Depot will accept the electronic waste at their more than 850 retail locations nationwide. This is the best deal in town for getting rid of unwanted electronic devises. Most other recyclers are charging up to $25 per television and $10 to $20 per computer. 7) Mr. Batts, General Manager, announced that Bob Braitman has been named as interim Local Agency Formation Commission Executive Officer, replacing Annamaria Perrella who recently retired. Mr. Braitman has been Executive Officer of the Ventura and Santa Barbara LAFCO. Mr. Kenton L. Aim, Counsel for the District, stated that Mr. Braitman is remaining in Santa Barbara, but will be in Contra Costa County two days a week. COUNSEL FOR THE DISTRICT 1 ) Mr. Kenton L. Aim, Counsel for the District, presented a legal update. Mr. Aim stated that since there are a lot of things going on and many of them are in the realm of legal work that do not get put into position papers, it 7 -15-04 14 was thought it would be appropriate to give the Board an update on what District Counsel is doing. The purpose of the update is to provide a general description and scope of services under the District Counsel contract, to provide an overview of recent activities, and to provide the status of select on-going legal activities. Within the general scope of the District Counsel contract there is a retainer that provides for attending meetings; conducting and receiving short telephone calls, emails, as well as reviewing faxes and mail; all California Association of Sanitation Agencies (CASA) legislative activities, four hours per week of office hours at the District, and all other activities generated by Board Members. The remainder of the work is primarily public law and environmental advice. There have been 50 to 70 separate items or projects over the last six months that did not fall into the retainer. Those items basically fall into the public law and environmental advice area and include such things as public works bidding issues; real property rights; contract issues; public law procedures and issues; fees and charges, ordinances, and resolutions; and regulatory and permitting issues. Mr. Aim stated that the other separate contract item is litigation. District Counsel handles much of the litigation for the District with the exception of employment litigation. Mr. Aim provided an overview of recent activities, reporting the settlement or resolution of the Heath litigation, the Barclay litigation, the Morris Pump dispute, the K. J. Woods patent infringement issue, the St. Stephen's Drive slide dispute, Basin A cleanup, and resolution of the ABB settlement. In addition, District Counsel assisted or provided advice with regard to revision of the Purchasing Manual, numerous bidding protests or disputes, the Siu condemnation, and the Santa Monica Baykeeper Environmental Advocates Public Records Act requests. Having previously requested to be excused, Member Nejedly left the meeting at the hour of 3:00 p.m. Mr. Aim stated that the District is very fortunate that there is a very small amount of outstanding litigation pending. In the past that was not always the case. There is only one piece of outstanding litigation now, and that is the Dickerson matter. With respect to non-litigation activities, District Counsel has been involved in the Contra Costa Water District /Central Contra Costa Sanitary District recycled water agreement negotiations; regulatory permitting issues; real property leasing and development issues relating to the plant site, the Willows Shopping Center, and Southern Pacific right-of-way issues; construction project issues; the Conco/U.S. Development matter; review of the standard District contracts; Specifications Committee; District Code updates; and the Alhambra Valley sewer issues. In summary, Mr. Aim stated that the good news is that there is very little litigation presently. This is a very active time with focus on administrative matters, real property issues, construction-related matters, regulatory and permit issues, and major agreements. Following discussion of regulatory issues relating to the San Ramon Pumping Station overflow, President Lucey and the Board thanked Mr. Aim for the update. c. SECRETARY OF THE DISTRICT 1 ) Ms. Joyce E. Murphy, Secretary of the District, reported that to date one individual, Board Member Barbara Hockett, was taken out papers for election to the District Board of Directors. The deadline for filing is 5:00 p.m. on Friday, August 6,2004. 7-15-04 I I I I I I 15 d. BOARD MEMBERS 1) Member Boneysteele, Chair of the Budget and Finance Committee, reported that he and Member Menesini reviewed the expenditures and found them to be reasonable. It was moved by Member Boneysteele and seconded by Member Menesini, that the Expenditure List dated July 15, 2004, including Self Insurance Check Nos. 102118-102126, Running Expense Check Nos. 150770-151147, Sewer Construction Check Nos. 26817-26867, Payroll Manual Check Nos. 48979,.48984, and Payroll Regular Check Nos. 55056-55106, be approved as recommended. There being no objection, the motion was approved with Member Nejedly being absent. 2) In the absence of Member Nejedly, Chair of the Personnel Committee, President Lucey distributed and reviewed notes from the July 8, 2004 Personnel Committee meeting. Major topics of discussion included management of overtime, the Grand Jury Report on the County Retirement System, and a proposal to change long-term disability carriers. 3) President Lucey stated that the District received a letter on July 12, 2004, from County Supervisor Millie Greenberg and San Ramon Mayor H. Abram Wilson regarding the San Ramon Pumping Station. The letter was received too late to agendize. President Lucey stated that he has written a draft response, and he would propose to mail it tomorrow pending any input from the Board. 4) Member Menesini announced that Director of Operations Jim Kelly will speak at the July 19, 2004 Environmental Alliance Discussion Series on the Bay Area Clean Water Agencies (BACWA), and their efforts in leading the way to protect the Bay. All those who are interested are invited to attend. The Discussion Series will begin at noon at the John Muir National Historic Site, 4202 Alhambra Avenue in Martinez. a. 7. ENGINEERING AUTHORIZE THE GENERAL MANAGER TO EXECUTE A CONSTRUCTION CHANGE ORDER GREATER THAN 50000 TO RANGER PIPELINES .INC. ON THE PLEASANT HILL RELIEF INTERCEPTOR. PHASE 5. AND HAPPY VALLEY ROAD SEWER RENOVATION PROJECTS DP 5659 AND 5692 - Mr. Batts, General Manager, stated that Ranger Pipelines, the contractor working on the Happy Valley Road Project, has encountered difficulties with their pipe bursting operation necessitating them to dig up their pipe bursting equipment. The excavation revealed that an East Bay Municipal Utility District (EBMUD) 8-inch asbestos cement water line, a type of pipe that is very brittle and breaks easily, was within two feet of the District's existing sewer. Due to the proximity of the water line, any further attempts to pipe burst the sewer line from 10 to 15 inches could result in catastrophic damage to the water line and roadway. In order to complete the project, at least 360 feet of the proposed sewer needs to be installed by open cut in a new alignment. Staff estimates the cost of the change order for this work will be on the order of $100,000 to $150,000. A more detailed cost estimate will be provided at the August 12 Board Meeting. The change in construction will result in major traffic impacts on Happy Valley Road. Following discussion, it was moved by President Lucey and seconded by Member Hockett, that the General Manager be authorized to execute a construction change order greater than $50,000 to Ranger Pipelines, Inc. on the Pleasant Hill Relief Interceptor, Phase 5, and the Happy Valley Road Sewer Renovation Projects, DP 5659 and 5692. There being no objection, the motion was approved with Member Nejedly being absent. 7 -15-04 16 b. AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH MALCOLM PIRNIE TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE SOLIDS HANDLING FACILITIES PLAN. DP 7224 Mr. Batts, General Manager, stated that the last Solids Handling Facilities Master Plan was updated in 1992. At that time, it was determined that solids production would not exceed the capacity of one furnace for several years. The current estimate is that peak solids production will exceed the capacity of one furnace within 3 to 5 years. At that point, the District will either have to operate both furnaces for part of the year or start a second solids processing system. In addition, the District does not have a reliable system for operating in the event of a furnace failure. Finally, the District also needs to reassess continued incineration and identify alternatives that could be implemented if the long-term use of incineration becomes problematic due to regulatory or operational concerns. The Solids Handling Facilities Plan will address these issues and develop both a short-term and a long-term plan. Staff will report back to the Board at critical milestones during this planning process. Discussion followed with regard to the Malcolm Pirnie firm, and keeping the Board informed during this process to ensure that there are no surprises since this is such a critical part of the District operation. Ms. Ann E. Farrell, Director of Engineering, stated that staff will try to get good information for discussion with the Board at the Capital Improvement Budget workshop in October. It was moved by President Lucey and seconded by Member Hockett, that the General Manager be authorized to execute an agreement with Malcolm Pirnie to provide professional engineering services for the Solids Handling Facilities Plan, DP 7224, in the amount of $250,000. There being no objection, the motion was approved with Member Nejedly being absent. c. AUTHORIZE STAFF TO IMPLEMENT A DENTAL INFORMATIONAL PERMITTING PROGRAM AND CONSIDER APPROPRIATE FEES Mr. Batts, General Manager, stated that at the June 17,2004 Board Meeting, a proposed program called, Informational Permitting of Dentists, was discussed with the Board. The intent of this program was to gather information on the best management practices currently being employed by dentists in the District service area that reduce mercury discharges to the sewer. At that time the Board requested additional input into the program as proposed by staff. Staff has responded to Board input and has provided a revised permitting program to the Board as part of the agenda package for today's meeting. Mr. Batts stated that today the Board will be asked to consider approval of the initial program and intent, and to authorize a letter to dentists notifying them of this program. Staff will come back to the Board for approval of appropriate fees, if any. Mr. Batts introduced Ms. Ann E. Farrell, Director of Engineering, who stated that the Dental Informational Permitting Program will require dentists to provide information on the number of amalgam fillings placed and removed, the amount of amalgam purchased, and best management practices (BMP's) utilized. Dentists will not be required to implement best management practices at this time. Dentists will be required to provide information. Ms. Farrell stated that in some of the past discussions on this subject, staff has said it was not mandatory. What staff meant was that the dentists are not required to put in amalgam separators or change best management practices. What is mandatory is providing the information. Ms. Farrell stated that a dental permitting program is necessary because the District's current National Pollutant Discharge Elimination System (NPDES) permit requires the District to maximize control of influent mercury sources. The Regional Water Quality Control Board (RWQCB) expects the District to have a program to try to reduce mercury. The District's 2004 Pollution Prevention Plan commits to informational permitting of dentists. The draft San Francisco Bay Total Maximum Daily Load (TMDL) permit will further reduce the District's mercury limit. There may be a draft permit requirement by the end of the year. What does that mean? The draft San Francisco Bay TMDL permit lowers the monthly average mercury concentration from .087 .lg/L to 7 -15-04 I I I I I I 17 041 ..lg/L. The current monthly average in effluent is .03 ..lg/L. The District had an excursion this month which brings the monthly average to .038 ..lg/L, very close to .041 ..lg/L. If there is an exceedance, an action plan must be submitted within 60 days. The least costly response is to ensure the effectiveness of Pollution Prevention and pretreatment; if that does not achieve the required results, more costly technology enhancements may be needed to improve plant performance; and if that does not work, other measures to reduce mercury may be required such as reuse. Ms. Farrell stated that the most cost effective strategy is to prepare for more regulation of the dental community. President Lucey stated that may be the most cost effective way to reduce mercury in the District's effluent, but the most effective way to reduce mercury in the Bay is to go after the mines. Ms. Farrell agreed, stating that Director of Operations James Kelly, the Bay Area Clean Water Agencies (BACWA), and others have tried to divert the RWQCB to that approach but have not been successful. Member Boneysteele stated that the District should involve the dentists in addressing the problem, not just give them an ultimatum. Ms. Farrell agreed, stating that there has been a significant amount of outreach and work with the California Dental Society and others. They have taken the position that they will support pollution prevention in the Bay because it is an impaired water body, as long as it does not become a State law. Ms. Farrell stated that it is prudent to position the District for a future mandatory program requiring dental offices to utilize best management practices. Informational permitting will allow the District to develop a database of practicing dentists in the District service area, to develop a database on best management practices being used voluntarily, and provide the ability to estimate the effectiveness of a mandatory best management practices program. If it is found that all the dentists in the District's service area are already using amalgam separators, then regulating dentists will not help. Dentists are aware that this program is coming. Ms. Farrell reviewed programs in place in other jurisdictions, noting that Richmond, San Francisco, East Bay Municipal Utility District, and Palo Alto all have a mandatory requirement for amalgam separators. Mountain View Sanitary District, West County Wastewater District, Delta Diablo Sanitation District, Benicia, and Dublin San Ramon Services District all have inspection programs and outreach on best management practices. Only Fairfield Suisun Sewer District and Central Contra Costa Sanitary District do not have programs. With regard to whether fees should be charged for dental informational permits, Ms. Farrell stated that this is not currently covered in the District Code. Most other programs do not charge fees. Options would be to waive the fee, charge all permittees a fee, or use a fee selectively to encourage compliance. Fees could be waived unless the District elects to implement a mandatory program. The current application fee is $225, but other amounts could be considered. The cost of the dental informational permitting program is estimated at $80,000 to $100,000. The program would benefit all ratepayers by avoiding more costly mercury reduction alternatives. In closing, Ms. Farrell stated that staff recommends moving forward with the dental informational permitting program, sending out the draft letter to dentists, and starting to develop permit materials. Staff can support all fee alternatives, and would propose to come back to the Board for direction. Discussion followed with regard to wording used in the letter and the designation given to the program. It was suggested that this program not be designated as a permit, but rather that an attempt be made to partner with the Dental Association to get the information needed and to involve them in the process. It was moved by Member Hockett and seconded by Member Menesini, that staff be authorized to proceed with a dental information program, modifying the draft letter and 7 -15-04 18 seeking to involve the dentists to the maximum extent. The motion was approved with President Lucey voting no and Member Nejedly being absent. Dr. Gail Chesler, Associate Engineer, stated that on a couple different occasions she and Mr. Steve Linsley, Senior Source Control Inspector, have addressed the dental association. The dentists were very welcoming and understood the District's predicament. President Lucey stated that staff will come back at a future date with a proposed fee schedule. 8. APPROVAL OF MINUTES MINUTES OF JUNE 17.2004 I a. It was moved by Member Hockett and seconded by Member Menesini, that the minutes of June 17,2004 be approved as presented. There being no objection, the motion was approved with Member Nejedly being absent. 9. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 10. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Menesini asked that a presentation be made on the preliminary data prepared by staff that will be used by the consultants for the Solids Handing Facilities Plan. Ms. Ann E. Farrell, Director of Engineering, stated that staff will be happy to provide that information. By the Capital Improvement Budget workshop in October, better information from the consultant should be available. Member Boneysteele asked that emergency response plans be developed for each of the various District pumping stations. Member Boneysteele stated that he developed a timeline of the District response to the San Ramon Pumping Station overflow. It took four hours for the clean up crews to arrive with the required equipment, and four hours later the entire area was cleaned up. If there is a problem at the Orinda or Moraga pumping stations, the reservoir could be affected. Those pumping stations are just as far as the San Ramon Pumping Station. The District used to require employees to live in the District service area, but State law does not allow that any longer; and in any case, it would not be practical. The District must have an emergency plan for each pumping station. If there is an overflow, how will the District respond to each one? Member Boneysteele stated that it may take some time to complete emergency plans for each pumping station, but we should start. Member Boneysteele stated that the proposal from Supervisor Greenberg and Mayor Wilson is to hire someone to sit in the San Ramon Pumping Station. If the District does that in San Ramon, it must be done for all of the areas, particularly Orinda and Moraga where water supplies could be affected, and perhaps Martinez that is close to the Bay. I 11. CLOSED SESSION a. SIGNIFICANT EXPOSURE TO LITIGATION 12. REPORT OF DISCUSSIONS IN CLOSED SESSION I This item was taken out of order earlier in the agenda. This item was taken out of order earlier in the agenda. 7 -15-04 I I I 19 13. ADJOURNMENT There being no further business to come before the Board, President Lucey adjourned the meeting at the hour of 4:04 p.m. to reconvene at 2:00 p.m. on August 12, 2004, for an Adjourned Regular Board Meeting. ð~ ß(A/V )y"¿~ PRO TEMf'resident of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 7 -15-04