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HomeMy WebLinkAboutBOARD MINUTES 04-16-98 96 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON APRIL 16, 1998 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 April 16, 1998. President Nejedly called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Lucey, Menesini, Boneysteele, Nejedly ABSENT: Members: Hockett Member Hockett entered the meeting at the hour of 2:05 p.m. 2. PUBLIC COMMENTS At this time, noting the presence of Mr. Edwin Hultgren in the audience, President Nejedly proceeded to Item 8.a., Correspondence. 8. CORRESPONDENCE a. NOTE RECEIPT OF LETTER DATED MARCH 18. 1998 FROM MR. EDWIN M. HULTGREN. PRESIDENT OF THE EAST BAY CHAPTER OF CONSULTING ENGINEERS AND LAND SURVEYORS OF CALIFORNIA. REQUESTING OPPOSITION TO PROPOSITION 224 WHICH PROPOSES THAT ALL ARCHITECTURE. ENGINEERING. AND OTHER DESIGN RELATED SERVICES FOR PUBLIC WORKS PROJECTS BE PERFORMED BY THE STATE OF CALIFORNIA Mr. Edwin M. Hultgren, President of the East Bay Chapter of Consulting Engineers and Land Surveyors of California, stated that Proposition 224 purports to encourage competitive bidding, but in fact it restricts competitive bidding. Mr. Hultgren requested that the Board adopt a resolution opposing Proposition 224. Mr. Hultgren stated that Proposition 224 impacts public agencies to the extent that monies from tt.13 State are used. If a contract involves expenditure of State funds or involves a program, project, facility or public work for which the State or any State agency has or will have ownership, liability, or responsibility for construction, operation, or maintenance, ths local agency would be obligated to adhere to the provisions of Proposition 224. Member Hockett entered the meeting at the hour of 2:05 p.m. Board discussion followed in which Member Boneysteele indicated that he would alJstain on this matter because he was instrumental in organization of the Professional Engineers of California Government (PECG). Member Boneysteele stated that he does not want to advocate PECG's position but rather to explain it. The engineers in the State government are a demoralized group and it has been deteriorating through a series of governors. Now Governor Wilson is advocating contracting out and replacing the career bureaucrats with private contractors. Member Lucey stated that he opposes Proposition 224 on the basis that overhead costs would not be included in the State bid and the likelihood that a huge bottleneck on projects would result. Following discussion, President Nejedly stated the consensus of the Board, with Member Boneysteele abstaining, that staff be directed to prepare a resolution opposing Proposition 224 for consideration by the Board on May 7, 1998. 04 16 98 97 3. CONSENT CALENDAR It was moved by Member Menesini and seconded by Member Hockett, that the Consent Calendar, consisting of Items a. through e., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. Quitclaim Deed to Lloyd and Deborah Johnson and Richard and Donna Madden, Job 730, Parcel 1, Lafayette, was approved; the President of the District Board of Directors and the Secretary of the District were authorized to execute and record said Quitclaim Deed; and Resolution No. 98-037 was adopted to that effect. a. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: b. Menesini, Hockett, Lucey, Boneysteele, Nejedly None None The contract work for the Outfall Improvements Project, Phase III, DP 7134, was accepted and filing of the Notice of Completion was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Hockett, Lucey, Boneysteele, Nejedly None None c. A notice of a public hearing on May 7, 1 998 to consider a proposed revised schedule of rates and charges was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Hockett, Lucey, Boneysteele, Nejedly None None The attendance of Ms. Thea Vassallo, Accountant, was authorized at the May 3-7, 1998 HTE Annual Users Group Meeting in Orlando, Florida, at a cost of $1,900. d. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Hockett, Lucey, Boneysteele, Nejedly None None Out-of-state travel for Mr. Ted Barry, Programer Analyst, at a cost of $2,500, was authorized for the purpose of conducting the initial test of the District Disaster Recovery Services. e. Motion unanimously approved on the following vote: 04 16 98 98 AYES: Members: Menesini, Hockett, Lucey, Boneysteele, Nejedly NOES: Members: None ABSENT: Members: None 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Item 8.a., Correspondence, was taken out of order earlier in the agenda to accommodate interested persons in the audience. 5. BIDS AND AWARDS a. AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO CALIFORNIA ELECTRIC COMPANY FOR 5 kV FEEDER REPLACEMENT PROJECT. DP 6096 Mr. Roger J. Dolan, General Manager-Chief Engineer, briefly described the project and recommended approval to the low bidder, California Electric Company. It was moved by Member Hockett and seconded by Member Lucey, that award of a construction contract in the amount of $118,735 for the construction of the 5 kV Feeder Replacement Project, DP 6096, be authorized to California Electric Company, the lowest responsible bidder. There being no objection, the motion was unanimously approved. 6. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that he wished to prepare the Board for a number of future position papers dealing with the Dougherty Valley development. The infrastructure improvements required to serve the Dougherty Valley include a number of components: the local collection main, trunks, and interceptor system; the tunnel; the interceptor to the San Ramon (Larwin) Pumping Station; the San Ramon Pumping Station expansion; and construction of the force mains and gravity sewer that will connect to the San Ramon Interceptor Project built in the late 1980's. Staff has been advised that Windemere Ranch Partners and Shapell Industries have reached agreement on the agreement that will be placed before the Board for consideration in the near future. If the Board approves the Windemere/Shapell agreement, staff would recommend that the Board also approve contracts for engineering work on the tunnel and interceptor. On an independent track, staff has identified a need to develop a facilities plan for the San Ramon Pumping Station expansion and construction of the force mains and gravity sewer that will connect to the San Ramon Interceptor. These projects are scheduled for construction in the year 2004 or 2005. While the facilities planning is needed at this time to scope and price the pumping station and interceptor expansion, it is not recommended that the District proceed to detailed design until the Dougherty Valley developers have cleared the remaining hurtles for construction, the largest of which is water supply. At the next Board meeting staff intends to request approval of a contract for engineering services to produce the needed facilities plan. Mr. Dolan stated that on January 8, 1998, staff presented the proposed financing configuration based on longstanding District policies. There are two kinds of facilities in the Dougherty Valley that will be paid for in two ways. First, the tunnel and Dougherty Valley trunks and interceptor will be paid for by the developers (primarily Windemere) at the time they are constructed. And, second, because the San Ramon Pumping Station and force main improvements serve a wider service area, under District policy they would appropriately be financed by the District and reimbursed by 04 16 98 b. c. 99 Pumped Zone and Facilities Capacities Fees from homes to be built in Dougherty Valley. 2) Mr. Dolan, General Manager-Chief Engineer, stated that the District is announcing a schedule of 19 Healthy Home and Garden Workshops from now through July 1998. Any Board Members interested in attending should contact staff for more information. 3) Mr. Dolan, General Manager-Chief Engineer, announced that East Bay Municipal Utility District will hold a reception at 5:00 p.m. on May 20, 1998 to commemorate EBMUD's 75th anniversary. 4) Mr. Dolan, General Manager-Chief Engineer, announced that Great Western Bank, one of the District's deferred compensation plan providers, is merging with Washington Mutual Bank. The merger will likely be transparent to the District since the District's deferred compensation accounts are actually managed by Fund Select Advisers. 5) Mr. Dolan, General Manager-Chief Engineer, announced that Mr. Robert Homer, the gentleman who had accepted the position of Safety and Risk Manager and whom the Board had appointed by position paper at the last Board Meeting, has now declined the position. His family was not prepared to move north. The District is in the process of going back to the next two individuals on the list. 6) Mr. Dolan, General Manager-Chief Engineer, stated that some Board Members have indicated an interest in attending the Association of Metropolitan Sewerage Agencies (AMSA) Competitiveness Conference in San Francisco in early June. Staff would be happy to provide any support required by the Board. COUNSEL FOR THE DISTRICT 1 ) Mr. Kenton L. Aim, Counsel for the District, briefed the Board on the parameters of the Brown Act as it relates to issues pertaining to recruitment to fill the General Manager-Chief Engineer position upon Mr. Dolan's retirement. Mr. Aim stated that discussion of the selection process and approach must be done in open session, but consideration of individual candidates and their merits may be done in closed session. Developing the selection process could be delegated to a Board Committee if the Board wishes. 2) Mr. Aim, Counsel for the District, stated that in accordance with the provisions of the Brown Act, it is appropriate to announce completed actions previously discussed in closed session. Mr. Aim announced the terms of the retirement agreement with former Risk Manager Bonnie Allen. SECRETARY OF THE DISTRICT 1 ) Ms. Joyce E. Murphy, Secretary of the District, reported the District has received a pamphlet from the California Attorney General's Office summarizing Conflict of Interest laws. Copies are available for Board reference. 2) Ms. Murphy, Secretary of the District, announced that the Water Reuse Research Conference will be held on June 4 and 5, 1998 in Monterey. Board and staff members had expressed an interest in attending but there is a conflict with the District's June 4, 1998 Board Meeting. Rescheduling the June 4, 1998 Board Meeting will be calendared for discussion at the next Board Meeting. 04 16 98 100 d. BOARD MEMBERS 1 ) Member Hockett announced that she will be out of town and unable to attend the May 7, 1998 Board Meeting, and requested to be excused. 2) Member Menesini announced that he and several staff members attended the April 15, 1998 Martinez City Council Meeting. Member Menesini commended Director of Engineering Charles W. Batts and Principal Engineer Curt Swanson on the excellent presentations they made on the Martinez East Side Trunk Sewer Improvements Project, a cooperative project between the District and the City of Martinez. 7. ENGINEERING 8. AUTHORIZE THE EXECUTION OF AN AGREEMENT WITH THE CITY OF MARTINEZ FOR STREET IMPROVEMENTS AS PART OF THE MARTINEZ EAST SIDE TRUNK SEWER IMPROVEMENTS PROJECT. DP 4950 Mr. Dolan, General Manager-Chief Engineer, stated that as Member Menesini just reported, the District has had a very cooperative relationship with the City of Martinez. Staff would recommend approval of the agreement with the City of Martinez for street improvements. It was moved by Member Menesini and seconded by President Nejedly, that the President of the Board of Directors and the Secretary of the District be authorized to execute an agreement with the City of Martinez for street improvements along Pine Street as part of the Martinez East Side Trunk Sewer Improvements Project, DP 4950. There being no objection, the motion was unanimously approved. 8. CORRESPONDENCE a. NOTE RECEIPT OF LETTER DATED MARCH 18. 1998 FROM MR. EDWIN M. HULTGREN. PRESIDENT OF THE EAST BAY CHAPTER OF CONSULTING ENGINEERS AND LAND SURVEYORS OF CALIFORNIA. REQUESTING OPPOSITION TO PROPOSITION 224 WHICH PROPOSES THAT ALL ARCHITECTURE. ENGINEERING. AND OTHER DESIGN RELATED SERVICES FOR PUBLIC WORKS PROJECTS BE PERFORMED BY THE STATE OF CALIFORNIA This item was taken out of order earlier in the agenda. 9. APPROVAL OF MINUTES a. MINUTES OF MARCH 19. 1998 It was moved by Member Menesini and seconded by Member Hockett, that the minutes of March 19, 1998 be approved as presented. There being no objection, the motion was unanimously approved. 10. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED APRIL 16. 1998 It was moved by Member Boneysteele and seconded by President Nejedly, that the Expenditure List dated April 16, 1998, including Self-Insurance Check No.1 01437, Running Expense Check Nos. 109606-109938, Sewer Construction Check Nos. 19638- 19679, and Payroll Check Nos. 48298-48405, be approved as recommended. There being no objection, the motion was unanimously approved. 04 16 98 101 11. BUDGET AND FINANCE a. REVIEW THE FINANCIAL STATUS AND BUDGET OF THE SELF-INSURANCE FUND AND APPROVE THE ALLOCATION OF $100.000 TO THE FUND FROM THE 1998- 1 999 O&M BUDGET Mr. Dolan, General Manager-Chief Engineer, stated that a complete position paper was provided to the Board. Last year was a big year for recoveries in the Self-Insurance Fund (SIF). The current budget year, 1998-1999, appears to be a fairly big year for expenses. It is proposed that the SIF not be made whole next year but that a modest amount of erosion in the SIF amount be allowed. It is recommended that $100,000 be allocated from the Running Expense Fund to the SIF. Mr. Dolan reviewed the events leading to the establishment of the SIF in the 1980's and described the SIF and its restructuring in 1994 to comply with the Government Accounting Standards Board Statement No.1 0 (GASB- 10) which set forth requirements on how public agencies must fund their self-insured risks. Following discussion of funding level alternatives and the requirements of GASB-1 0, it was moved by Member Hockett and seconded by Member Menesini, that $100,000 be allocated from the 1 998-1 999 Operations & Maintenance (O&M) Budget to the Self- Insurance Fund. There being no objection, the motion was unanimously approved. 12. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 13. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS a. Member Hockett inquired into the potential impact of the Kaiser Health Insurance rate increase on the District. Mr. Paul Morsen, Director of Administration, indicated that the impact is not yet known. Negotiations have just begun with Kaiser. The District rates will be based on Kaiser experience with District employees. It was noted that the draft 1998-1999 O&M Budget is based on a 5 per1:ent increase. b. Member Menesini suggested that potential problems, studies, and planning issues be brought to the Board earlier in the process than is currently being done. In the discussion that followed, Director of Engineering Charles W. Batts stated that planning work is going on. Staff will try to be more proactive in identifying projects that will come out of planning work. Mr. Dolan, General Manager-Chief Engineer, stated that many times there are lengthy discussions in Board Meetings to try to provide status reports on potential problems and studies being undertaken. These reports are done in an effort to keep the Board informed. Mr. Dolan suggested that this issue could be discussed during the upcoming strategic planning process. Mr. Dolan stated that there are a group of Board functions that are not strategic planning issues but deal with information flow, committee assignments, and related matters. It might be constructive to get into these types of things over the next few months. 14. CLOSED SESSION a. EXISTING LITIGATION The closed session was held to discuss existing litigation pursuant to Government Code Section 54956.9(a). The titles of the litigation discussed were as follows: 1 ) CCCSD v. Orinda Moraga Disposal Service, Inc., et al - Contra Costa County Superior Court Case No. C96-00562; and 2) Rick Brummett, Jeannine Brummett, Mark Goings, Linda Goings, David Grubb, Sue Grubb, Cory Ness, and Kim Ness v. East Bay Municipal Utility District, CCCSD, et al (Cree Court) - Contra Costa County Superior Court Case No. C97-04571. 04 16 98 102 At 3:37 p.m., President Nejedly declared the closed session to discuss existing litigation pursuant to Government Code Section 54956.9(a) as noted above. At 4:40 p.m., President Nejedly concluded the closed session and reconvened the meeting into open session. 15. REPORT OF DISCUSSIONS IN CLOSED SESSION No decisions were made or votes taken which require reporting at this time. 16. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned the meeting at the hour of 4:42 p.m. ~~~¿u- Ú 7~L""/¿'~ Pre' ent of the Board of irectors{ Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: I '-- liLt \.,L ¿. I Y" )-4<- Secretat of the Central Có tra Costa San1tary District, County of Contra Costa, State of California 04 16 98