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HomeMy WebLinkAboutBOARD MINUTES 12-07-00 230 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON DECEMBER 7, 2000 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 7, 2000. President Lucey called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Nejedly, Menesini, Hockett, Boneysteele, Lucey ABSENT: Members: None ADMINISTER OATH OF OFFICE TO NEWt Y RE-ELECTED BOARD MEMBERS BARBARA D. HOCKETT, MARIO M. MENESINI, AND JAMES A. NEJEDL Y a. The Secretary of the District administered the Oath of Office to Ms. Barbara D. Hockett, Dr. Mario M. Menesini, and Mr. James A. Nejedly who were elected to the Board of Directors at the election held on November 7, 2000. At the conclusion of the ceremony, a reception was held honoring the newly re-elected Board Members. b. INTRODUCE NEW EMPLOYEES CHRISTINA KELSO, SOURCE CONTROL INSPECTOR I . LISA ZOU, ENGINEERING TECHNICIAN II . Ms. Christina Kelso, Source Control Inspector I, and Ms. Lisa Zou, Engineering Technician II, 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 Me'nesini, that .the Consent Calendar consisting of Items a. and b., be approved as recommended. a. A public hearing was. set for January 11, 2001 at 2:00 p.m. to consider District Annexation 150, inhabited Parcels 14 and 15. The motion was unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Menesini, Nejedly, Boneysteele, Lucey None None b. The Board's regularly scheduled meeting on December 20, 2000 at 2:00 p.m. was confirmed as the date and time for a public hearing to receive public comment on the proposed increase in Board Member compensation. The motion was unanimously approved on the following vote: 12 07 If'i'.h Ú. l, (! iI;' " U' 231 AYES: Members: NOES: Members: ABSENT: Members: Hockett, Menesini, Nejedly, Boneysteele, Lucey None None 4. MATTERS OF PUBLIC INTEREST a. CONSIDER REQUEST OF MR. RODGER SMITH, FORMER DISTRICT EMPLOYEE, FOR BOARD INVESTIGATION OF LEAVE TIME DISPUTE; CONFIRM THAT THE COMPROMISE AND RELEASE FOR 132a BENEFITS BETWEEN THE WORKERS' COMPENSATION APPEALS BOARD, MR. RODGER SMITH, AND CENTRAL CONTRA COSTA SANITARY DISTRICT EXECUTED BY ALL PARTIES IN JULY 1997 IS THE FINAL ACTION OF THE DISTRICT President Lucey noted that a packet of information from Mr. Rodger Smith was sent to the Board prior to the meeting. All Board Members received the information. Mr. Rodger Smith distributed a letter dated December 7, 2000 from his attorney, Mr. Thomas M. Pegnim, of Pegnim & Herrera. Mr. Smith stated that he worked for the District for 17 years in various positions. Mr. Smith stated that in 1985 he suffered a Workers' Compensation injury. Mr. Smith stated that there were difficulties with his claim right from the start with record keeping, dates, and so on. Mr. Smith stated that he had difficulty getting that information corrected but finally did. Mr. Smith stated that he continued to have problems and in 1987 he was retrained as a construction inspector. He also worked for the Collection System Operations (CSO) Department until his disability retirement. Mr. Smith stated that when it became clear he could not return to work, he asked for salary continuance at 70 percent salary since it was a work-related accident. That was denied. It was appealed up through the General Manager Roger Dolan, but it was decided to hold everything in abeyance until the Workers' Compensation case was settled. Because of the denial, all vacation and sick leave time was used up. Mr. Smith stated that amounted to about $20,000. Mr. Smith stated that he came to the Board in 1 996 and asked to speak to the Board Personnel Committee but was told they could not talk to him because the Workers' Compensation case was still open. Mr. Smith stated that when he contacted the District after the Workers' Compensation case was closed, he was told he was not promised any sick leave and he received a letter from Mr. Tim Emert, the District's labor attorney at that time, indicating that it was part of the Workers' Compensation litigation. A copy of that letter was included in the packet of information provided to the Board. Mr. Smith stated that he specifically asked his attorney if this prevented him from getting leave time and he said no. Mr. Smith stated that he waited until there was a new General Manager and approached him. Mr. Smith stated that Mr. Batts told him he could do nothing and that is why he is addressing the Board today. Mr. Smith asked the Board to take a look at this situation, discuss it, study it; and if the Board feels there is something to be acted on, to act on it. Mr. Smith stated that he would like to see the return of his sick leave and vacation time. President Lucey stated that a closed session has been scheduled on this matter later in the agenda, and Mr. Smith will be advised of the outcome. b. CONSIDER LETTER DATED DECEMBER 1, 2000 FROM MRS. GAYLE L. PULLEY CONCERNING THE OVERFLOW AT 1190 GLEN ROAD, LAFAYETTE President Lucey indicated that the Board received the letter dated December 1, 2000 from Mrs. Pulley. Mrs. Gayle L. Pulley addressed the Board and distributed a revised letter dated December 7, 2000. Mrs. Pulley stated that additions to the revised letter include mention of the loss of wicker furniture, antiques, clothes, shoes, and jewelry. Mrs. Pulley stated that she has lost other things during this process as well. Mrs. Pulley stated that she would like to change some things in the house on her own during the restoration. Mrs. Pulley stated that she would like the paint taken off the brick 12 or¡ [>. \' " !' \~ , ¡'.¡ 'ti j 232 planter rather than having it painted. Mrs. Pulley stated that she was told she could pick one color of paint but some of the rooms had various other wall coverings. Mrs. Pulley stated that she also has some problems with things at the apartment where she is staying during the restoration that she would like to have fixed. Those things have not been done. Mrs. Pulley stated that she asked for a medical insurance plan for her husband for Hepatitis A and B vaccines because he has been living in the house, but was told no. In response to questions from Member Nejedly, Mrs. Pulley stated that the overflow occurred on April 11, 2000. She and her husband are now living in an apartment in Lafayette. They have made about 11 moves since the overflow. Mrs. Pulley stated that the District goal was to get them back in their house by Christmas but it does not appear that will happen. President Lucey asked Mrs. Pulley what specifically she would like the Board to do. Mrs. Pulley stated that she wrote to the Board out of frustration because she is unable to get the items on the list she was given for selection of replacement items. Mrs. Pulley gave a copy of the list to the Board. The list is from Paul Davis Systems, the contractor working on the project. President Lucey stated that a closed session on this matter has been scheduled later in the agenda. President Lucey asked Mrs. Pulley what specifically the Board can do for her. Mr. Algie Pulley stated that the whole thing has been humiliating. Mr. Pulley stated that they are not here to ask for anything specifically, they just want the District to be fair with them. Mr. Pulley stated that he does not think anyone has tried to purposely mistreat them, but they have been out of their house for eight months. Member Boneysteele stated that he had difficulty with the letter from Mrs. Pulley, trying to get a clear picture of what happened. Member Boneysteele requested that staff take Mrs. Pulley's letter, and from their knowledge, prepare a fact sheet for the Board. Mr. Charles W. Batts, General Manager, stated that staff could certainly do that, but staff would also like to work with the Pulley's to be sure their position is represented as well. Mr. Batts stated that staff will provide that information to the Board. Member Menesini asked the Pulley's if there are any emergency items that need to be taken care of now. Mrs. Pulley requested that a lower peep hole be drilled in the apartment door and that a shut off be installed on the fan in the bathroom. Mrs. Pulley stated that she just found someone today who is willing to take out the bedroom window that she would like to have removed from her home, but she does not want to interfere with the restoration schedule. President Lucey stated that it could slow things down dramatically to remodel the house and change windows and so on. President Lucey thanked Mr. and Mrs. Pulley for their comments. 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 6. BIDS AND AWARDS a. AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO DEL MONTE ELECTRIC COMPANY, INC., FOR THE 2,400-VOL T FEEDER REPLACEMENT PROJECT, DP 6154 Mr. Batts, General Manager, stated that only one bid was received, from an electrical contractor already working on site. The bid is well under the engineer's estimate. Staff recommends award to Del Monte Electric Company, Inc. 12 07 Of) "'- .- 233 Following discussion, it was moved by Member Nejedly and seconded by Member Menesini, that award of a construction contract in the amount of $36,255 for construction of the 2,400-Volt Feeder Replacement Project, DP 6154, be authorized to Del Monte Electric Company, Inc., the lowest responsible bidder. There being no objection, the motion was unanimously approved. 7. REPORTS a. GENERAL MANAGER 1 ) Mr. Batts, General Manager, stated that the District recently completed construction on Phase 1 of the Lafayette Sewer Renovation Project. This project came in under budget, ahead of schedule, and was received positively by the citizens of Lafayette and City of Lafayette staff. The District is now preparing to proceed with Phase 2 in the upcoming construction season. Again extensive coordination with the public and the City's capital improvement program will be required. Mr. Batts introduced Mr. Tad Pilecki, Senior Engineer, who stated that as part of the ongoing Collection System Renovation Program, Collection System Operations (CSO) Department field personnel identify lines in need of critical rehabilitation. One of the things staff has tried to do to reduce the impacts of these repairs, is to group them by cities. About 50 lines in need of rehabilitation were identified in Lafayette. Phase 1 addressed five sites. Subsequent phases of this project will address 18 additional sites in the Lafayette area and one in the Walnut Creek area. These projects were developed in meetings with the City of Lafayette to determine which repair areas were of the highest priority to the City. Mr. Pilecki described the sites and indicated that these projects are a challenge from an engineering perspective, but the real challenge is dealing with the citizens on construction impacts. Staff wants to continue the success of Phase 1 in dealing with the citizens on future phases. One of the key factors in providing good customer service is good communication. Staff coordinated with the City very early in the project and later staff went to all impacted . residents during the design phase to advise them of the reason for the project and what will be happening during the project construction. Then staff met with the private property owners to explain what the District would be doing in their neighborhoods and listen to any concerns they may have. Public workshops are planned in January for Phase 2 of the Lafayette Sewer Renovation Project and there will be a joint workshop with the City of Lafayette because the City construction projects will be impacting the same sites. Phase 2A, involving three sites with an estimated construction cost of $650,000, will be awarded in February 2001. Construction will take four months. Phase 2B, involving 15 sites at an estimated construction cost of $1.6 million, will be awarded in the May/June 2001 time frame and will have an eight-month construction duration. Mr. Pilecki stated that the Lafayette Sewer Renovation Project is being used to develop a project model for dealing with these types of projects in other areas. Mr. Pilecki introduced Mr. Wesley Adams, the Project Design Engineer for Phases 1 and 2. Discussion followed with regard to coordination with the City of Lafayette, seeking input from the cities with regard to prioritization of projects, and a possible presentation to the Mayors' Conference on these projects. Mr. Batts noted that he and Director of Engineering Ann Farrell are meeting with city staff members from each of the cities in the District service area. 2) Mr. Batts, General Manager, stated that at the last Board Meeting there was an inquiry as to the status of the District's National Pollutant Discharge Elimination System (NPDES) permit negotiations with the Regional Water Quality Control Board (RWQCB), and the nature of the work being done by 12 or; 111.;,~ O. '. V' 234 12 the firm of Larry Walker Associates. Mr. Batts introduced Dr. Gail Chesler, Associate Engineer, who reviewed the NPDES permit process, indicating that a permit is good for a five year period. Application for the NPDES permit renewal was submitted in November 1 999, and the matter was set for consideration by the RWQCB in May 2000. Regional Board staff produced an Administrative Draft and discussions were held. The California Toxics Rule and State Implementation Plan were then released, creating confusion in late April and mid May when the District's permit renewal was to have been heard. The District has received an interim letter. Some NPDES permits have been issued, and some have significant departures from the State Implementation Plan and California Toxics Rule. The District's reasonable potential analysis is in process, to determine from the data the pollutants of concern to the District. The District expects to receive a revised administrative draft. The District's permit renewal may be heard by the RWQCB as early as February 2001 but timing is still uncertain. Dr. Chesler stated that some issues remain outstanding, including the disinfection indicator, cyanide standard, and the effluent discharge limit increase. In response to questions from President Lucey, Mr. James M. Kelly, Director of Plant Operations, stated that there is enough planned growth to make the increase in the effluent discharge limit necessary even without development of the Tassajara Valley. The District currently serves about 420,000 people including Concord and Clayton. The requested increase would provide treatment capacity to serve approximately 540,000 people. Dr. Chesler stated that Larry Walker Associates services include NPDES permit review and attendance at meetings with Regional Board staff; regulatory review of the permit; and the work of RMA, a subcontractor, to Larry Walker Associates, for water quality 'analysis for the Antidegradation Report. 3) Mr. Batts, General Manager, distributed the Household Hazardous Waste (HHW) Collection Facility Annual Report, a memorandum highlighting cost data on facility operation and staff issues regarding the use of permanent and temporary staffing, and a memorandum with the Contra Costa County inspection reports for the HHW temporary events held in Lafayette and San Ramon. 4) Mr. Batts, General Manager, thanked the Board for their constructive input at the recent Contractual Assessment District (CAD) Program workshop. Mr. Kenton L. Aim, Counsel for the District, has been asked to review the entire CAD Program prior to presentation to the Board for adoption in January 2001. 5) Mr. Batts, General Manager, reported that last week the District managers held an off-site workshop to renew the focus of the management team on the District Strategic Planning goals, to review the action items, and to put those core issues in a form that is easily communicated to both employees and the public. A large number of the more than 75 action items developed in the Board/staff workshop in 1998 have been completed or are part of the ongoing commitment of the District. A task force is developing .a summary document based on the outcomes of the recent workshop, for use in communicating the goals and strategies with employees and the public. Each manager will then develop goals within their area's of responsibility with accountability identified down to the employee level. The work of the task force will be presented at a future Board meeting. 6) Mr. Batts, General Manager, announced that the Contra Costa Council will hold a reception honoring elected officials on Monday, December 11, 2000, at 4:00 p.m. at TR's Bar and Grill in Concord. A copy of the notice was provided to each Board Member. 07 ~(.." r; I~. <, ll.) b. c. d. 235 7) Mr. Batts, General Manager, announced that the Employees Activities Organization annual holiday lunch will be held on December 12, 2000 at Zandonella's in Pittsburg. Board Members are invited to attend. . COUNSEL FOR THE DISTRICT 1 ) Mr. Kenton L. Aim, Counsel for the District, reported on the favorable court ruling regarding permits and contesting permits, in the City of Los Angles permit appeal. SECRETARY OF THE DISTRICT 1 ) Ms. Joyce E. Murphy, Secretary of the District, distributed the 2001 Board calendar and noted the changes in the January, May, and August Board meeting date~ because of conflicts with the California Association of Sanitary Agencies (CASA) meetings. BOARD MEMBERS 1 ) Member Menesini reported on the December 18, 2000 Environmental Alliance Discussion Series featuring Dr. Fred Hetzel, of the Regional Water Quality Control Board, discussing Total Maximum Daily Loads (TMDL). 2) Member Menesini announced that the draft Alhambra Creek Watershed Management Plan has been completed. This, and other similar watershed management plans, should prove helpful in the area of non-point source pollution. 3) President Lucey announced that he, General Manager Charles Batts, and District Counsel Kent Aim met with representatives of the City of San Ramon and the developers of the Dougherty Valley project to discuss issues relating to settlement of the lawsuit. BREAK President Lucey declared a recess at the hour of 3:52 p.m., reconvening at 4:03 p.m. with all parties present as previously designated. 8. ENGINEERING AUTHORIZE THE GENERAL MANAGER TO EXECUTE AGREEMENTS WITH URS CORPORATION AND BROWN AND CALDWELL TO PROVIDE CONTINUATION OF DESIGN SERVICES FOR THE DOUGHERTY TUNNEL AND TRUNK SEWER PROJECT, DP 5902 a. Mr. Batts, General Manager, stated that despite the lack of progress on the construction of the Dougherty Tunnel and Trunk Sewer Project, there are still engineering costs accruing that must be paid. Board approval is requested to increase the contract limits with both the designers, Brown and Caldwell, and the geotechnical firm, URS (formerly Woodward Clyde), to cover costs, all of which will be reimbursed by the developers. Mr. Batts introduced Mr. Curt Swanson, Environmental Services Division Manager, who stated the Brown and Caldwell and Woodward Clyde, now URS, were .hired in 1998 just after the District signed a contract with Windemere, the developer of the Dougherty Valley project. The original contract called for construction to begin in 1999. Although that has not happened, continued design services and technical consultation related to the project are still needed. Mr. Swanson stated that to date, $61,056 has been expended for planning and $1,466,409 has been expended for design for a total of $1,527,465. Reimbursement in the amount of $1,505,259 has been received and the expenses for November of $22,206 have been billed. It was moved by President Lucey and seconded by Member Hockett, that the General Manager be authorized to execute agreements with URS Corporation and Brown and 12 Oft a-t~ Of ..,~ V' 236 Caldwell with cost ceilings of $92,600 and $142,000 respectively to provide continued design services for the Dougherty Tunnel and Trunk Sewer Project, DP 5902. There being no objection, the motion was unanimously approved. 9. APPROVAL OF MINUTES MINUTES OF NOVEMBER 2, 2000 a. It was moved by Member Menesini and seconded by Member .Nejedly, that the minutes of November 2, 2000 be approved as presented. There being no objection, the motion was approved with Member Hockett abstaining because she was not present at the meeting of November 2, 2000. 10. APPROVAL OF EXPENDITURES EXPENDITURE LIST DATED DECEMBER 7, 2000 a. Member Menesini, Chair of the Budget and Finance Committee, stated that he and Member Boneysteele reviewed the expenditures and found them to be in order. It was moved by Member Menesini and seconded by Member Boneysteele, that the Expenditure List dated December 7,2000, including Self Insurance Check Nos. 101667- 101668, Running Expense Check Nos. 128722-128933, and Sewer Construction Check Nos. 22798-22831, be approved as recommended. There being no objection, the motion was unanimously approved. 11. BUDGET AND FINANCE a. RECEIVE OCTOBER 2000 FINANCIAL STATEMENTS Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance for the month of October 2000, noting that expenditures were $102,000 greater than budget, representing a 3.7 percent unfavorable variance. Year-to-date expenditures were $873,000 less than budget, representing a 7.4 percent favorable variance. Year-to-date revenues of $1,853,000 were $70,000 less than 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 5.6 percent to 6.77 percent. The latest interest rate as of May 2000 was 6.39 percent. The average yield of the District's LAIF account through September 2000 was 6.5 percent. President Lucey declared that the October 2000 Financial Statements were duly received. 12. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 13. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS None 14. 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. Two potential matters are to be discussed. 12 07 tn.; ...~. (,1. 11 \)jI , ~ 237 b. EXISTING LITIGATION The closed session was held to discuss existing litigation pursuant to Government Code Section 54956.9(a). The title of the litig.ation to be discussed is Central Contra Costa Sanitary District v. Orinda Moraga Disposal Service, Inc., et ai, Contra Costa County Superior Court Case No. C96-00562. c. PERSONNEL MATTERS The closed session was held to discuss personnel matters pursuant to Government Code Section 54957 to review the contract and performance of the General Manager. At 4: 13 p.m., President Lucey declared the closed session to discuss litigation pursuant to Government Code Section 54956.9(a) and (b) and personnel matters pursuant to Government Code Section 54957 as noted above. At 5:40 p.m., President Lucey concluded the closed session and reconvened the meeting into open session. 15. REPORT OF DISCUSSIONS IN CLOSED SESSION President Lucey reported that the Board reaffirmed the previous action of the District that Mr. Rodger Smith be given no further compensation for leave time and reaffirmed that as . the final action of the District. President Lucey reported that the performance of the General Manager was evaluated in closed session, and that staff is directed to prepare a position paper for consideration by the Board concerning adjusting the salary of the General Manager to the A Step of his salary range, M-05. 16. ADJOURNMENT There being no further business to come before the Board, President Lucey adjourned the meeting at the hour of 5:42 p.m. *Þ- ~?tJ President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: S cr ta of the Central ont Costa S 'ary District, County of Contra Costa, State of California 12 07 00