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HomeMy WebLinkAboutBOARD MINUTES 01-07-99 1 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JANUARY 7, 1 999 The District Board of the Central Contra Costa Sanitary District convened in a regular session at its regular place of meeting, 501 9 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on January 7, 1999. President Nejedly called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Lucey, Menesini, Hockett, Boneysteele, Nejedly ABSENT: Members: None a. ELECTION OF DISTRICT BOARD PRESIDENT AND PRESIDENT PRO TEM FOR 1999 It was moved by Member Hockett and seconded by President Nejedly that Member Gerald R. Lucey be elected District Board President for 1999. Member Lucey was elected by unanimous acclamation. It was moved by Member Lucey and seconded by Member Boneysteele, that Member Barbara D. Hockett be elected President Pro Tem of the District Board of Directors for 1999. Member Hockett was elected by unanimous acclamation. In response to a question from President Nejedly, it was the consensus of the Board that President Nejedly preside over the remainder of this meeting. 2. PUBLIC COMMENTS None 3. CONSENT CALENDAR President Nejedly indicated that there has been a request to pull Consent Items I., m., and n. from the Consent Calendar for discussion. Following discussion of the revisions to Purchasing and Materials Standard 5-013, Bids, it was moved by Member Boneysteele and seconded by Member Lucey, that the Consent Calendar consisting of Items a. through o. excluding Items I., m., and n., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution No. 99-001 accepting work and Offers of Dedication from Mark H. Dunaway, et ux, Job 5263, Parcel 1, Los Altos Road, Orinda area, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Lucey, Menesini, Hockett, Nejedly None None b. Resolution No. 99-002 accepting work and Offers of Dedication from John C. Reckling, et ux, Job 5156, Parcel 2, Hidden Hills Place, Danville area, was adopted and recording was authorized. 01 07 99 2 01 --. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Lucey, Menesini, Hockett, Nejedly None None c. Resolution No. 99-003 accepting work and Offers of Dedication from Daniel C. Kerrigan, et ux, Job 5156, Parcel 3, Hidden Hills Place, Danville area, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Lucey, Menesini, Hockett, Nejedly None None d. Resolution No. 99-004 accepting work and Offers of Dedication from Jack L. Parker, Job 5156, Parcel 4, Hidden Hills Place, Danville area, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Lucey, Menesini, Hockett, Nejedly None None e. Resolution No. 99-005 accepting work and Offers of Dedication from Lawrence P. Gagnon, et ux, Job 5156, Parcel 5, Hidden Hills Place, Danville area, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteele, Lucey, Menesini, Hockett, Nejedly NOES: Members: None ABSENT: Members: None 1. Resolution No. 99-006 accepting work and Offers of Dedication from Todd M. Thomas, et ux, Job 5156, Parcel 6, Hidden Hills Place, Danville area, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Lucey, Menesini, Hockett, Nejedly None None g. Resolution No. 99-007 accepting work and Offers of Dedication from John Wai Ying Yee, et ux, Job 5156, Parcel 7, Hidden Hills Place, Danville area, was adopted and recording was authorized. Motion unanimously approved on the following vote: 07 99 3 AYES: Members: Boneysteele, Lucey, Menesini, Hockett, Nejedly NOES: Members: None ABSENT: Members: None Resolution No. 99-008 accepting work and Offers of Dedication from Kurt P. Zimmerman, et ux, Job 5156, Parcel 8, Hidden Hills Place, Danville area, was adopted and recording was authorized. h. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Lucey, Menesini, Hockett, Nejedly None None i. Authorization was given for P.A. 99-1 (Alamo) to be included in a future formal annexation to the District. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Lucey, Menesini, Hockett, Nejedly None None j. The revised Purchasing and Materials Standard S-013, Bids, was adopted to reflect the new bid limit of $15,000 per Senate Bill 1860. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Lucey, Menesini, Hockett, Nejedly None None The attendance of Pumping Stations Superintendent Steven Considine at the February 24-26, 1999 seminar titled the Effective Operation, Maintenance, and Management of Wastewater Pump Stations was authorized in Las Vegas, Nevada, at a cost of $1,200. k. Motion unanimously approved on the following vote: n. AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Lucey, Menesini, Hockett, Nejedly None None I. This item was taken out of order immediately following the Consent Calendar. m. This item was taken out of order immediately following the Consent Calendar. This item was taken out of order immediately following the Consent Calendar 01 99 07 4 o. Resolution No. 99-009 was adopted, authorizing submittal of a Household Hazardous Waste Collection Program Enhancement Grant Application to the California Integrated Waste Management Board. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Lucey, Menesini, Hockett, Nejedly None None At this time, President Nejedly proceeded to Consent Calendar Items I., m., and n., Claims for damages by H.L. and Pamela Center, Joan Lindroth, and Kathleen B. Peterson, which were pulled from the Consent Calendar for discussion at the request of members of the audience. Ms. Joan Lindroth, 11 Lost Valley Drive, Orinda, distributed and read a letter dated January 7, 1999 in which she requested additional information relating to soils tests and pipeline maintenance records for 11 Lost Valley Drive and nearby properties. Mr. Kenton L. Aim, Counsel for the District, stated that the minutes should reflect that portions of this letter will be treated as requests for public information and will be responded to in the manner required by the Government Code. The Public Information Act does not require staff to digest the material or put it into a different form or document which is not already in existence. Mr. Aim stated further that there is a California Supreme Court case that states that in instances of litigation, the Rules of Evidence as regards discovery supercede the Public Information Act. Mr. Aim stated that if the District voluntarily provides this information now as requested, it is more than the law would require. Mr. Kathleen B. Peterson, 17 Lost Valley Drive, Orinda, distributed and read a letter dated January 7, 1999, requesting information relating to soils tests and pipeline maintenance records for 17 Lost Valley Drive and nearby properties. Ms. Peterson clarified her letter, indicating that she wishes to receive all of the maintenance records on the line since the 1950's. Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that access to the records that the District has will be provided. Since the maintenance cards were taken into the field, some may have been lost or damaged. Mr. Aim stated that there may be a charge for copies of the records. The records can be made available for inspeètion. Mr. Aim stated that if records are deemed public information, they are available to any member of the public, not just the property owner. Ms. Pamela Center, 19 Lost Valley Drive, Orinda, read a letter dated January 7, 1999 requesting information relating to soils tests and pipeline maintenance records for 19 Lost Valley Drive and nearby properties, and provided copies of the letter following her presentation. Mr. Dolan asked that the residents work with Safety and Risk Manager David Clovis to arrange for inspection of the records. It was moved by Member Menesini and seconded by Member Lucey, that Consent Item I., claim of H. L. and Pamela Center, 19 Lost Valley Drive, Orinda, for damages, undue stress, and physical and emotional duress, be denied and referred to staff for further action as required; that Consent Item m., claim of Joan Lindroth, 11 Lost Valley Drive, Orinda, for damages, undue stress, and physical and emotional duress, be denied and referred to staff for further action as required; that Consent Item n., claim of Kathleen B. Peterson, 17 Lost Valley Drive, Orinda, for damages, undue stress, and physical and emotional duress, be denied and referred to staff for further action as required. There being no objection, the motion was unanimously approved. 01 07 99 5 Mr. Aim, Counsel for the District, stated that for clarity, Ms. Center requested that if her claim was denied it be denied with an explanation. Mr. Aim recommended that that not be done because the law does not require it. Denial of a claim is a procedural requirement that allows the claimant to file a lawsuit. 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Item 8.a., Treatment Plant, was considered out of order in conjunction with General Manager-Chief Engineer Report Item 7.a.4) on the same subject. 5. BIDS AND AWARDS a. AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO WILLIAM G. MCCULLOUGH COMPANY FOR THE PAVEMENT REFURBISHMENT PROJECT. PHASE 2. DP 6125 Mr. Dolan, General Manager-Chief Engineer, presented the staff recommendation that award of construction contract in the amount of $58,282 be authorized to William G. McCullough Company, the low bidder. Following discussion, it was moved by Member Menesini and seconded by Member Boneysteele, that award of a construction contract in the amount of $58,282 for the construction of the Pavement Refurbishment Project, Phase 2, DP 6125, be authorized to William G. McCullough Company, the lowest responsible bidder. There being no objection, the motion was unanimously approved. 6. ITEMS HELD OVER FROM PREVIOUS BOARD MEETINGS a. ADOPT A RESOLUTION ESTABLISHING A POLICY REGARDING THE FORMATION OF CONTRACTUAL ASSESSMENT DISTRICTS Mr. Dolan, General Manager-Chief Engineer, stated that this item was held over at Member Boneysteele's request to discuss Bond Counsel's opinion and any other items the Board wishes to discuss. Member Boneysteele asked Mr. Aim, Counsel for the District, if Bond Counsel James L. Copeland, of Brown & Wood, understood that his letter would go to the Board of Directors. Mr. Aim stated that Mr. Copeland did understand that his letter would go to the Board as part of this item. In response to Member Boneysteele's questions concerning the last paragraph on the first page of Mr. Copeland's letter, Mr. Aim stated that Environmental Services Division Manager Jay McCoy and Laurie Tallarico of Mr. Aim's office discussed various ideas with Mr. Copeland. Mr. Copeland found nothing wrong with the existing Contractual Assessment District (CAD) program but two additional ideas were discussed and are referred to in the last paragraph on page 1. First, the District could consider developing a District-wide CAD for its Sphere of Influence (SOl) and then go to the County and Cities involved for their acceptance for creation of the CAD only once rather than each time a small area forms a CAD. When each of these projects comes up it would be dealt with individually but the time involved would be shortened. Mr. Copeland's belief was that could be done and he would look into it further. Second, if the CAD Program becomes too expensive or for whatever reason the District decides not to finance future CAD's, there is potential for bundling these smaller projects together and doing assessment bond financing. Mr. Aim stated that his reaction to forming a CAD that would be co-extensive with the District's SOl is that it would be a good idea, but he has not thought through the practical implications of going to the County and Cities at one time and whether they would support that approach. Member Boneysteele stated that idea appeals to him, and questioned the reason for proceeding with the proposed CAD Policy now if that option is being considered. Mr. Aim stated that several demonstration CAD projects have been done. At this point, staff feels that enough demonstration projects have been done so that a policy can be adopted and 01 07 99 6 the District can move forward with that policy in place, even if the policy is changed or modified in the future. Mr. Aim stated that Environmental Services Division Manager Jay McCoy would like to have a policy in place for guidance for his staff to use when public inquiries are received. The next step would be to come back to the Board for adoption of provisions for inclusion in the District Code for consistency. Member Boneysteele asked if the Board did proceed with a District-wide CAD, would it be necessary to go to the County and Cities each time a project comes up or would it be possible to simply notify the County and Cities that the District is proposing to adopt this policy and hold one hearing to receive their comments. Mr. Aim stated that the District- wide CAD may be a good idea; but, it raises the question of what approach should be used to accomplish it. Mr. Aim stated that he does not know what approach should be used. If the Board wishes to accomplish this, staff and Counsel should look into it and recommend an approach. If the Board does not see a benefit, the District should go forward with the current program. After discussion it was concluded that there was not support for committing staff time to pursue the District-wide CAD at this time. In response to a question from Member Boneysteele, Mr. Aim stated that in 1987 modifications were made to the Streets and Highways Code which specifically set forth provisions for contractual assessment districts in addition to more conventional assessment districts. Member Menesini stated that there appears to be leeway even after the proposed $1 million budget commitment policy is adopted. For instance, if the policy is adopted and the Board wishes to modify the $1 million limit, the Board can do so. Mr. Aim agreed, stating that any ordinance is effective until modified. In response to questions from Member Boneysteele concerning the phrase "prepared to comment on...," Mr. Aim stated that he believes Mr. Copeland means he knows assessment district law, he has reviewed the documentation, discussed the matter with staff and District Counsel, and what the District is r::toing is fine but as a very careful bond counsel he cannot bless everything in the future if the District changes something because he has not reviewed each individual document. Member Boneysteele stated that he had general concerns before and questioned whether the District was risking loss of the tax exempt feature in its bonds by employing them in these CAD's. Mr. Aim answered that the District was not risking loss of its tax exempt bond features and indicated that that issue was addressed in a separate letter from Mr. Charles Adams, of Jones Hall, previously provided to the Board. Mr. Adams was the District's Bond Counsel on the District's bond financing. Member Boneysteele asked Mr. Aim if as District Counsel, he is comfortable with all of the aspects of the District CAD Program. Mr. Aim stated that he is comfortable with everything before the Board. Mr. Aim stated that there is an issue that has been raised recently that deals with a claim that the contractor should be paying prevailing wages. Mr. Aim stated that with the exception of some uncertainty on that issue, the District CAD Program is a program he can support and he is comfortable with it and has no problem with going forward with it from a legal standpoint. In response to a question from Member Menesini, Mr. McCoy stated that the proposed Policy regarding Formation of Contractual Assessment Districts meets his needs. It was moved by Member Menesini and seconded by Member Lucey, that Resolution No. 99-010 be adopted, establishing a Policy regarding the Formation of Contractual Assessment Districts. Motion unanimously approved on the following vote: AYES: Members: Menesini, Lucey, Hockett, Boneysteele, Nejedly NOES: Members: None ABSENT: Members: None 01 07 99 7 Member Boneysteele stated that staff and counsel did a very good job. Member Menesini expressed concern that a developer might unfairly take advantage of this program designed to assist residents with failing septic tanks. Mr. Dolan stated that the numerical limit on the number of parcels was intended to address that concern. In addition, every CAD must be approved by the Board and any CAD can be denied without cause. Member Hockett recognized Member Boneysteele's support for a more global CAD and indicated that she would also support that. Mr. Dolan stated that staff agrees and believes that the suggestion of a District-wide CAD might save time and money, but there may be some local jurisdictions that do not support that approach. Mr. Dolan stated that he anticipates that deciding whether to use a District-wide CAD would require an iterative loop, and there may be some communities that support the more global approach and others that want to approve each CAD individually. We might want to informally learn what the cities' positions would be before we approach them formally. President Nejedly was joined by the full Board in commending Mr. McCoy for his outstanding and innovative efforts in developing the District CAD Program. 7. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 1) Mr. Dolan, General Manager-Chief Engineer, stated that Mr. Paul Causey, of Delta Diablo Sanitation District (DDSD), suggested that Central Contra Costa Sanitary District (CCCSD) perform contract personnel recruitment services for DDSD. A meeting was held with representatives from both agencies to explore ways that CCCSD could provide services at cost for DDSD. Several areas were suggested including training, safety, personnel recruitment, collection system maintenance, accounting services, and capital program services. CCCSD staff approached this with an open mind because of the Board suggestion to explore entrepreneurial activities. It was not clear whether it would be possible to identify any significant areas where both agencies would benefit from the service provider and client relationship. Joint efforts on joint use of outside safety trainers would be easy to do and could be done as the opportunity arises. Areas where CCCSD provides services for cost could be more complicated. Mr. Dolan stated that the discussions have just begun and should probably go no further than getting to know each other's operations pending the appointment of the new General Manager. In the meantime, to see how a service provider role might work, CCCSD has defined a possible demonstration project for the Board's consideration. In response to a question from Member Boneysteele, Mr. Dolan stated that the hiring decision must be made by the hiring agency. There could be some exposure or liability for CCCSD, however. It would be a rather modest level of service requested by DDSD. Mr. Dolan introduced Ms. Cathryn Freitas, Human Resources Manager, who agreed, stating that an agreement has been prepared and is being reviewed by CCCSD staff and District Counsel. The proposal is for CCCSD to perform up to three recruitments during a one-year period from March 1, 1999 to February 28, 2000. DDSD is a smaller agency with a smaller employment pool so they are not anticipating a large turnover. CCCSD staff is working now to develop the costs. Discussion followed concerning the services to be provided by CCCSD and anticipated costs. Member Lucey stated that he is very enthusiastic about this but urged caution since CCCSD has not done this before. Mr. Dolan stated that one of the ideas that came up in the joint meeting was the suggestion that perhaps through an instrument like a Joint Powers 01 99 07 8 01 2) 07 Authority, a public organization might be created that would have the function of providing temporary and emergency services where people could be registered and trained in particular functions. Member Hockett stated that a model of a similar organization would be registered nursing pools. Member Lucey indicated that fire departments have also done something similar by having one common training program. Mr. Dolan stated that staff will continue to work on this and keep the Board informed. Mr. Dolan, General Manager-Chief Engineer, stated that at a recent Personnel Committee meeting, staff presented a number of concepts and one of them was the possibility of filling a vacant position in the Safety and Risk Management Office under David Clovis. When that was discussed, the Board Personnel Committee Members thought an update on Safety and Risk Management might be valuable to the full Board. Staff is presently thinking that the vacancy be discussed when the Personnel Budget is presented, but it seemed appropriate to give the Safety and Risk Management update now. Mr. Dolan introduced Mr. David Clovis, Safety and Risk Manager, who stated that he would present an update on his first six months at the District as Safety and Risk Manager. Mr. Clovis stated that the mission of the Safety and Risk Management Division is to provide professional, high quality safety and risk management support to the District. The service is focused on avoiding/minimizing exposures to loss to maximize the financial position of the District, and on promoting good will with customers. The current Safety and Risk Management team includes Risk Management Technician Ruth Bennett, Operations Safety Specialists Dave Albinus and Kirby Narcisse, Collection System Operations Office Supervisor Yvonne Granzotto, and a vacant Safety and Loss Control Specialist position. A reorganization has recently been completed, relocating the departmental Operations Safety Specialists to the Headquarters Office Building to emphasize a more centralized focus for the Safety and Risk Management Program. Individual responsibilities are also being reassessed to ensure that the departments are getting the services they need, and to make the Safety and Risk Management staff's jobs easier and more efficient. In response to questions from Member Menesini, Mr. Clovis described the functions and responsibilities of each position. Mr. Clovis stated further that the roles and responsibilities of the division are safety, insurance, claims, contract management, loss control, litigation management, security, and emergency preparedness, all with a central focus on the need for quality customer service. Mr. Clovis reviewed some of the accomplishments and projects of the Safety and Risk Management Division during the past six months including positive resolution and progress on litigation; settlement of various claims; investigation of further enhancement of security systems and service for the Collection Systems Operations facility and the pumping stations; and evaluation of Safety Program effectiveness. Mr. Clovis reviewed the goals of the division including integration of risk management into everyday functions of the organization; working within the mission, vision, and values of the organization; supporting the Board of Directors and staff in accomplishing organizational goals; and working to support the organization during the transition of the new General Manager. In closing, Mr. Clovis stated that Central Contra Costa Sanitary District is an outstanding organization and that is due to the Board of Directors and staff. Discussion followed with regard to the possibility of electronic transmission of Workers' Compensation information, use of claims software, proceeding with caution in investigating alternative Workers' Compensation Insurance carriers, and contract management and contractor safety orientation. Mr. Dolan stated, as indicated earlier, staff had originally decided to suspend the request to fill the vacant Safety and Loss Control Specialist position 99 9 pending the Personnel Budget. That means that the position would not be filled until at least July. However, based on the questions and comments of the Board, if the Board feels it is appropriate, a position paper requesting authorization to fill that position could be prepared for the Board's consideration at the next Board Meeting. Following discussion of the pending retirement of the CSO Office Supervisor and transfer of risk management functions currently performed by that position to Safety and Risk Management, it was the consensus of the Board that a position paper be presented for Board consideration at the next Board Meeting. BREAK President Nejedly declared a recess at the hour of 4: 1 0 p.m., reconvening at the hour of 4:20 p.m. with all parties present as previously designated. 3) Mr. Dolan, General Manager-Chief Engineer, stated that when the Martinez East Side Project was last discussed with the Board, the Board was advised there would be a meeting and inspection tour with Mr. Mike Menesini, Mayor of Martinez. Because of a change in Mayor Menesini's schedule, that meeting did not occur and has not yet been rescheduled. The District's relationship with the City of Martinez continues to be very good, and a presentation will be made at the January 20, 1999 Martinez City Council meeting. Mr. Dolan introduced Mr. William E. Brennan, Capital Projects Division Manager, who distributed a project status report for the Martinez East Side Project dated January 7, 1999. Using a map of the project area, Mr. Brennan described the work completed to date, indicating that the project is on schedule. Sixty percent of the microtunneling work and 22 percent of the open cut work has been completed. Mr. Brennan stated that the open cut work must hook into the microtunneling pipe so it must follow the microtunneling. The contractor is running two ten-hour shifts in the downtown area. Only one daytime shift will be used when work in the residential area begins. The work is going well and relatively few complaints have been received. There have been some complaints from businesses regarding parking and staff is working to relocate equipment to take care of those. President Nejedly thanked Mr. Brennan for the update. 4) Mr. Dolan, General Manager-Chief Engineer, stated that there are two items on the agenda which deal with the standby power generator failure, a report and a position paper. Mr. Dolan reported that about 3:00 a.m. on December 22, 1998, the District's co-generation facility tripped out as the result of a control system failure. This triggered the automatic startup of the standby power generators. The standby power system went into operation in 1 994 or 1995. The standby power system consists of two 16 cylinder diesel engines each matched with a 1.6 megawatt generator. Together the two standby power generators are capable of supplying the District's normal base demand for electricity. At about 4:00 a.m., one of the engines shut down as a result of overheating resulting from loss of coolant. Subsequent investigation indicated that the engine block was cracked. Later in the agenda there is a position paper requesting authorization to purchase a replacement diesel engine. Mr. Dolan introduced Mr. James Belcher, Senior Engineer, who reported that the two 1.6 megawatt diesel generators started as programed. About 20 minutes later, one of the generators shut down because of high temperature. Mr. Belcher showed photographs and described the function of the generator and the situation that occurred when a piece of hose failed catastrophically. Mr. Belcher described the maintenance activities relative to the hose replacement. The Operations and Maintenance Manual 01 07 99 10 recommended that the hosing be replaced after 550 to 600 hours of operation. There was approximately 400 hours of operation on this piece of equipment. The Gates green stripe hose that failed was located on the lowest part of the engine. It was rated at 100 psi, 250 degrees. The normal running temperature of the coolant for this piece of equipment is 140 degrees with the highest temperatures reaching 220 to 260 degrees. Mr. James M. Kelly, Director of Plant Operations, stated that staff is asking a forensic engineer, Automated Engine Technology, to determine the cause of failure and evaluate the District's maintenance procedures. In the discussion that followed with regard to failure and replacement of the hose, Mr. Dolan stated that it is important to determine why the failure occurred so similar problems can be prevented in the future. Either something happened to over-pressure that system or there was some other defect in the hose that had nothing to do with its age. The corresponding hose on the other engine appears to be in excellent condition. President Nejedly recommended that tests on water pressure, oil pressure, and so on be done on the new engine when it is installed. President Nejedly stated further that a motor of that magnitude should have multiple safety measures. In addition to a use factor, there is also a rot factor that must be considered. Finally, President Nejedly stated that it is unlikely that the hose would have been replaced when it was received since it would require draining and replacing all the coolant. Discussion followed with regard to possible consumer bulletins on this piece of equipment, and the fact that this model of engine-generator is no longer being made. There being no further questions or comments, President Nejedly departed from the order of the agenda to consider Item 8.a., Treatment Plant. 8. TREATMENT PLANT a. AUTHORIZE PURCHASE OF A MATCHING REPLACEMENT DIESEL ENGINE FOR THE TREATMENT PLANT STANDBY POWER FACILITY It was moved by Member Hockett and seconded by President Nejedly, that the purchase and installation of a trade name (Detroit Diesel), remanufactured diesel engine for the District's Standby Power Facility be authorized to be purchased without competitive bidding in order to match an existing item, obtain a unique used item, and to avoid the impracticality or impossibility of using the competitive bidding process under these unique circumstances. There being no objection, the motion was unanimously approved. At this time, President Nejedly reverted to the order of the agenda. 7. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 5) Mr. Dolan, General Manager-Chief Engineer, stated that as the Board will recall, Proposition 218 requires a 45-day notice period for a proposed rate increase. This does not allow for the District's traditional sequence of budget preparation followed by rate setting. Staff is planning to make a Sewer Service Charge rate recommendation to the Board at the time of the six-month Operations and Maintenance (O&M) status report. This is scheduled for the second Board Meeting in February. The Board will then be able to determine whether a rate adjustment is needed by the second Board Meeting in March in sufficient time to comply with noticing requirements should a rate increase be needed. Mr. Dolan stated that it does not appear that any expensive new programs will come out of the Strategic Planning process. Staff will extrapolate 1999-2000 expenses 01 07 99 6) 7) 8) 9) 11 considering labor, new and discontinued programs, and reserves in making a recommendation for the Board's consideration. Mr. Dolan, General Manager-Chief Engineer, announced that Pollution Prevention Program Superintendent Bart Brandenburg, Community Affairs Manager Harriette Heibel, Source control Inspector II Roberta Peterson, and Source Control Program Superintendent Tim Potter will be making presentations at the 26th Annual California Water Environment Association Industrial and Hazardous Waste Conference on February 18-19, 1999 in Berkeley. Information on the conference will be forwarded to the Board. Mr. Dolan, General Manager-Chief Engineer, announced that he will be attending a Water Environment Research Foundation (WERF) workshop on "Mapping the Future" of the Environmental Water Quality and Wastewater Industry. The workshop will be in the Washington, D.C. area January 14- 17,1999. Mr. Dolan, General Manager-Chief Engineer, announced that the South Orinda Sewer Improvement Project has reached substantial completion. Notice was issued today to the contractor indicating that the District acknowledged substantial completion. There are still punch list items and landscaping work to be done, but the system is operational and fully ready to handle storm flows. Mr. Dolan, General Manager-Chief Engineer, announced that the Regional Water Quality Control Board (RWQCB) has requested Contra Costa County to increase the frequency of inspecti~n of commercial and industrial sites under its "Clean Water" Program. The District is a contractor for that work. The District will be hiring a temporary employee to enable us to comply with the higher workload. The costs will be paid by the County. b. COUNSEL FOR THE DISTRICT None c. SECRETARY OF THE DISTRICT None d. BOARD MEMBERS 1 ) Member Lucey reported on the presentation made on the Lower Orinda Pumping Station Improvement Project to the Orinda City Council on January 5, 1999. Member Lucey stated that the District presentation was delayed until very late in the evening after the City Council had considered an appeal of a Planning Commission decision. The District was given ten minutes in which to make its presentation and the City Council gave a lengthy list of questions that must be addressed before anything further can be done on the project. Based on the response of the Orinda City Council, Member Lucey recommended that the District proceed with rehabilitation of the existing Lower Orinda Pumping Station rather than building a new facility. Mr. Charles W. Batts, Director of Engineering, reviewed the list of questions posed by the Orinda City Council and indicated that the questions will be addressed in the Negative Declaration on the project. Mr. Batts thanked Member Lucey for his presence and support at the City Council meeting. 01 07 99 12 8. TREATMENT PLANT a. AUTHORIZE PURCHASE OF A MATCHING REPLACEMENT DIESEL ENGINE FOR THE TREATMENT PLANT STANDBY POWER FACILITY This item was taken out of order earlier in the agenda. 9. HUMAN RESOURCES a. CREATE AND ADD THE POSITIONS OF ADMINISTRATIVE SUPPORT SUPERVISOR (S-60 $3.406-$4.188), SENIOR ADMINISTRATIVE SUPPORT TECHNICIAN (S-52 $2.819-$3.406), AND ADMINISTRATIVE SUPPORT TECHNICIAN (S-48 $2.567- $3.095): ADOPT CLASS DESCRIPTIONS: ADOPT RESOLUTION ADDING POSITIONS TO MS/CG BARGAINING UNIT: AUTHORIZE FILLING THE POSITIONS: DELETE ONE ADMINISTRATIVE SECRETARY. ONE RECORDS AND INFORMATION COORDINATOR 1/11. AND ONE SECRETARY 1111 POSITION Mr. Dolan, General Manager-Chief Engineer, stated that this proposed reorganization of the Office of the Secretary of the District was presented to and received the support of the Board Personnel Committee. The purpose of the reorganization is to broaden the class descriptions and provide cross-training consistent with quality management principles. Member Lucey stated that he and Member Menesini reviewed the proposed reorganization and would recommend approval. It was moved by Member Lucey and seconded by Member Menesini, that the new class description of Administrative Support Technician be created and adopted, that the class description be adopted, that the salary range be set at S-48 ($2,567-$3,095), and that the vacant Secretary 1/11 position be deleted; that the position of Senior Administrative Support Technician be created and adopted, that the class description be adopted, that the salary range be set at S-52 ($2,819-$3,406), that the vacant position and class description of Records and Information Coordinator 1/11 be deleted; that the new position of Administrative Support Supervisor be created and adopted, that the class description be adopted, that the salary range be set at S-60 ($3,406-$4,118), that the Administrative Secretary position be deleted when it becomes vacant following the retirement of the Administrative Secretary; that Resolution No. 99-011 be adopted confidentially designating the positions; and that authorization be given to fill the vacant Administrative Support Technician and Senior Administrative Support Technician positions, and that authorization be given to fill the Administrative Support Supervisor position to allow training by the current Administrative Secretary prior to her pending retirement. There being no objection, the motion was unanimously approved. b. CREATE AND ADOPT POSITION OF MATERIALS SERVICES SUPERVISOR (S- 72 $4.534-$5.489): ADOPT RESOLUTION MODIFYING MS/CG BARGAINING UNIT: ADOPT CHANGES TO CLASS DESCRIPTIONS FOR MATERIALS COORDINATORS 1/11 AND III Mr. Dolan, General Manager-Chief Engineer, stated that the requested action would create a new position. Director of Collection System Operations John A. Larson has indicated a willingness to give up a position that will soon be vacant so there would not be a net new position. This creation of the Materials Services Supervisor position ties in with the need identified to eliminate variabilities and inefficiencies, and support the advance planned maintenance activity. This item was reviewed and approved by the Board Personnel Committee. It was moved by Member Lucey and seconded by Member Hockett, that the position of Materials Services Supervisor (S- 72, $4,534-$5,489) be created and adopted; that Resolution No. 99-012 be adopted modifying the Management Support/Confidential Group bargaining unit to add the position of Materials Services Supervisor; and that the proposed changes to the class descriptions for the positions of Materials Coordinator 1/11 and 11\ be adopted. There being no objection, the motion was unanimously approved. 01 07 99 13 c. ORAL REPORT ON STATUS OF GENERAL MANAGER RECRUITMENT: OPPORTUNITY FOR BOARD OR HUMAN RESOURCES MANAGER TO PROVIDE DIRECTION AS APPROPRIATE Following a brief discussion of the level of staff support and the status of the General Manager recruitment, it was noted that there will be an Adjourned Regular Board Meeting at 7:30 a.m. on Friday, January 8, 1999 to interview candidates for the position of General Manager. 10. APPROVAL OF MINUTES a. MINUTES OF REGULAR BOARD MEETING OF DECEMBER 3. 1998 It was moved by Member Menesini and seconded by Member Hockett, that the minutes of the Regular Board Meeting of December 3, 1999 be approved as presented. There being no objection, the motion was unanimously approved. b. MINUTES OF ADJOURNED REGULAR BOARD MEETING OF DECEMBER 11. 1998 It was moved by Member Menesini and seconded by Member Lucey, that the minutes of the Adjourned Regular Board Meeting of December 11, 1998 be approved as presented. There being no objection, the motion was unanimously approved. 11. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED JANUARY 7. 1999 It was moved by Member Boneysteele and seconded by President Nejedly, that the Expenditure List dated January 7, 1999, including Self-Insurance Check Nos. 101502- 101508, Running Expense Check Nos. 114979-115292, and Sewer Construction Check Nos. 20593-20655, be approved as recommended. There being no objection, the motion was unanimously approved. 12. BUDGET AND FINANCE a. RECEIVE NOVEMBER 1998 FINANCIAL STATEMENTS Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance for the month of November 1998, noting that expenditures were $404,000 less than budget, representing a 16 percent favorable variance. Year to date expenditures were $1.3 million less than budget, representing a 10 percent favorable variance. Revenues of $1.8 million was the same as budget. Ms. Ratcliff reported that $14 million in Sewer Service Charge revenue was received and invested. 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 Account (LAIF) with interest rates ranging from 4.649 percent to 6.453 percent. The latest interest rate as of September 1998 was 4.649 percent. The average yield for the LAIF account through October 1998 was 5.557 percent. Ms. Ratcliff noted that money now being received is being put into the LAIF account in accordance with the recent action of the Board. 13. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 14. ANNOUNCEMENTS/SUGGESTIONS FOR FURTHER AGENDA ITEMS President Nejedly stated that it has been a pleasure serving as President of the Board of Directors and working with the other Board Members and staff; but it is also a pleasure to turn the gavel over the Member Lucey. 01 07 99 ----------------.----- --- --------- 14 Mr. Dolan was joined by the Board and staff in thanking President Nejedly for his leadership during the past year. 15. CLOSED SESSION a. EXISTING LITIGATION 1 ) Vernon D. Paulson et al v. Board of Retirement of the Contra Costa County Employees Retirement Association, et ai, Contra Costa County Superior Court Case No. C96-02939. Mr. Kenton L. Aim, Counsel for the District, stated that staff met with others earlier this week with regard to the above entitled matter. It was thought that a settlement could be recommended to the Board today; however, staff did not have confidence in the numbers that were presented and as a result could not formulate a recommendation to the Board. An accountant has been hired to review the numbers. This closed session will not be held. The matter will be scheduled for Board consideration at a future Board Meeting. b. SIGNIFICANT EXPOSURE TO LITIGATION - ONE POTENTIAL MATTER 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. At 5:30 p.m., President Nejedly declared the closed session to discuss litigation pursuant to Government Code Section 54956.9(b). At 5:50 p.m., President Nejedly concluded the closed session and reconvened the meeting into open session. 16. REPORT OF DISCUSSIONS IN CLOSED SESSION Mr. Aim, Counsel for the District, stated that no decisions were made or votes taken in closed session which require reporting at this time. 17. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned the meeting at the hour of 5:51 p.m., to reconvene at 7:30 a.m. on Friday, January 8, 1999 at the Central Contra Costa Sanitary District Offices, 5019 Imhoff Place, Martinez, California, for an Adjourned Regular Board Meeting to interview candidates for the position of General Manager. President of the Board of irectors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: ec e ry of the Central C tra Costa itary District, County of Contra Costa, State of California 01 07 99