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HomeMy WebLinkAboutBOARD MINUTES 04-20-00 67 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON APRIL 20, 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 April 20, 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 a. INTRODUCE NEW EMPLOYEES . Mark Vasquez. Household Hazardous Waste Technician I Mr. Mark Vasquez, Household Hazardous Waste Technician I, was introduced and welcomed to the District by President Lucey and the Board of Directors. 2. PUBLIC COMMENTS Ms. Christa Freihofner, San Ramon resident, and Mr. Dave Hudson, San Ramon City Councilmember, addressed the Board relative to the Dougherty Tunnel and Trunk Sewer Project in conjunction with General Manager's Report Item 6.a.2. 3. CONSENT CALENDAR It was moved by Member Hockett and seconded by Member Nejedly, that the Consent Calendar, consisting of Items a. and b., be approved as recommended and recordings duly authorized. a. A public notice was authorized to set public hearings on June 1, 2000 at 2:00 p.m. to receive public comment on the establishment of the 2000- 2001 Sewer Service Charge rates and the collection of such charges and prior year delinquent charges by placing them on the County tax roll. Motion was unanimously approved on the following vote: AYES: Members: Hockett, Nejedly, Menesini, Boneysteele, Lucey NOES: Members: None ABSENT: Members: None b. The contract work for the Recycled Water Project - High Turbidity Water Diversion, DP 7162A, by Albay Construction Company was accepted and the filing of the Notice of Completion was authorized. Motion was unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Nejedly, Menesini, Boneysteele, Lucey None None 04 20 00 68 None a. 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER 5. BIDS AND AWARDS AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO MCNAMARA AND SMALLMAN CONSTRUCTION INCORPORATED FOR THE LAFAYETTE SEWER RENOVATION PROJECT. PHASE 1. DP 5166: AUTHORIZE THE PRESIDENT OF THE BOARD OF DIRECTORS AND THE SECRETARY OF THE DISTRICT TO EXECUTE AN AGREEMENT WITH THE CITY OF LAFAYETTE FOR PAVING Mr. Charles W. Batts, General Manager, stated that the proposed construction contract is for repair of several older sewer pipeline segments in the Lafayette area. In order to reduce impacts on the residents and to leave the public roads in good condition after construction, this project will be done in conjunction with the City of Lafayette paving project. Following discussion of the construction methods to be used, the range of bids received and the bidding climate, and the City of Lafayette paving project, it was moved by Member Boneysteele and seconded by Member Menesini, that award of a construction contract in the amount of $642,944 for construction of the Lafayette Sewer Renovation Project, Phase 1, DP 5166, be authorized to McNamara and Smallman Construction Incorporated, the lowest responsible bidder; and that the President of the Board of Directors and the Secretary of the District be authorized to execute an agreement with the City of Lafayette for paving. There being no objection, the motion was unanimously approved. a. 04 6. REPORTS GENERAL MANAGER 1 ) Mr. Batts, General Manager, stated that since the formation of the District's Revenue Task Force, Accounting and Engineering personnel have been working on various issues to improve District programs. Mr. Batts introduced Ms. Lesley Klein, Supervising Engineering Assistant overseeing Permit and Sewer Service Charge functions, to discuss the proposed change to the sewer service direct billing method. Ms. Klein stated that Accounting and Engineering have been working together to improve services and achieve efficiencies. One area of focus has been the sewer service direct billing method. Ms. Klein stated that direct bill customers are usually other public agencies, churches, and others that do not pay taxes and so are not billed on the tax roll. Currently about 100 accounts, with a total of 300 to 400 properties, are billed directly for annual Sewer Service Charges. The current billing schedule is modeled after the County tax bills with payment allowed in two installments, with one due in December and one due in February, with the whole account delinquent if not paid by April. The majority of direct bill customers pay in one installment. In some cases the two installment method has caused some confusion to customers. Some call because they think the second installment is a duplicate bill, and some customers actually forget to pay and are then considered delinquent. This causes an additional problem since the District is not structured to do collection activities. Ms. Klein stated that this double billing method also creates additional work for Accounting and it is a little cumbersome to the customers who pay the full bill at the beginning or wait and pay it at the end. Ms. Klein stated that it is proposed to change to payment in one installment due on a date not yet determined. It is also proposed that a letter be sent to the direct bill customers informing them of the proposed change and asking for their feedback. The responses will then be analyzed and a recommendation made to the Board in approximately July 2000. President Lucey thanked Ms. Klein. 20 00 --- 69 2) Mr. Batts, General Manager, stated that since the last Board Meeting, several meetings have been held on the issues surrounding the Dougherty Tunnel and Trunk Sewen~rôjec1hinthe San Ramon area. Mr. Batts stated that there will be further discussion of this matter in closed session today, but first he wanted to highlight some of the things that have happened since the last Board Meeting. The Board's Ad Hoc Committee, Members Nejedly and Lucey, met with Ms. Cynthia Jones, Dublin San Ramon Services District (DSRSD) Board Member, who had offered to serve as a mediator. The meeting was also attended by members of the DSRSD Board and staff, and San Ramon Mayor Curt Kinney and San Ramon staff. The meeting was an attempt to review the background and alternatives, and to find a common ground to discuss the issues. At the last San Ramon City Council meeting, there was also an indication that the City would forward to the District an additional list of questions. Those were received and District staff has sent answers back to the City staff. Member Hockett has also received a letter from Supervisor Donna Gerber offering to help resolve this issue with the residents. A presentation will be made by District staff to the San Ramon City Council on April 25, 2000 at the PG&E Learning Center in San Ramon. The presentation will cover the alternatives, proposed mitigation, and planned improvements to the San Ramon (Larwin) Pumping Station. There are also several articles on this item in the Board's news clippings. Discussion followed with regard to the citizens' perceptions of the District and this project, and possible ways to reach out to the citizens in an effort to provide information and to try to change their perceptions. President Lucey stated that the District must do what it can to try to lower tensions. The District must be positive and continue to work with the City of San Ramon and the citizens, providing accurate information about the project and impacts on the citizens, and try to look at this from the point of view of the residents who are not in the District who will have their streets dug up. Ms. Christa Freihofner, San Ramon resident, addressed the Board, stating that the anger the residents feel towards the District is because of the lack of communication two years ago when there was only a small advertisement in the Contra Costa Times. Ms. Freihofner stated that most San Ramon residents do not get the Contra Costa Times nor would they pay attention to such a notice if they saw it because they are not in the Central Contra Costa Sanitary District area. The anger also lies in receiving a notice in January 2000 which indicated that the alternative had been selected and there was nothing the residents could do. President Lucey thanked Ms. Freihofner for coming and expressing her comments. Mr. Dave Hudson, San Ramon City Councilmember, addressed the Board, stating that in ten years of going to meetings he had never been as upset as when he attended the District Board Meeting. Mr. Hudson stated that when he left the District Board Meeting, he felt the District was laughing and he was furious. He felt the District was strongly confrontational. Board Members Menesini and Lucey showed some respect, but everyone else laughed this off and thought it was a joke. Mr. Hudson stated that he probably took it wrong but that was how he felt. Mr. Hudson stated that before the next meeting, he hopes the City of San Ramon and the District can get together. Now, we are going in opposite directions. In response to questions from Member Boneysteele, Mr. Hudson stated that the March 26, 2000 newspaper article was wrong, there were not 40 people at the District Board Meeting, that was a meeting in San Ramon. Member Boneysteele stated that it was a misconception that the whole Board laughed and had their fun at the expense of San Ramon. It was never the Board's intention to ridicule any voter, taxpayer, guest, or anyone else. 04 20 00 70 04 The Board solicits and encourages and appreciates public input. Member Boneysteele stated that he regrets the perception put out to the public. If it happened, it happened and the Board must make sure that sort of thing does not happen again. Mr. Hudson thanked Member Boneysteele, and stated that he thinks a resolution is possible after hearing this but he did not think so before. President Lucey stated that is why he particularly appreciates Mr. Hudson coming to this Board Meeting. President Lucey stated that he called Mr. Hudson and left a message in his voice mail, but never received a return call. President Lucey stated that he appreciates the opportunity Mr. Hudson has given the Board by coming back to this meeting. Member Nejedly apologized because Mr. Hudson put him into the list of people jeering at San Ramon. Member Nejedly stated that when Ms. Freihofner spoke at the District Board Meeting, he took the lead in explaining the District's position to her. Member Nejedly stated that each time this matter has been brought to the District Board, he was the first to say that this should be brought to the citizens to try to work out a solution. Member Nejedly stated that no disrespect to San Ramon was intended. We are all in this together. Member Nejedly apologized if he did or said anything. Ms. Freihofner stated that the San Ramon residents are not selfish. If the residents believed this was the only possible way to serve Dougherty Valley, we would not be in this mess. Ms. Freihofner stated that the San Ramon residents believe that everyone needs a sewer, but the residents were told there were no other options and there are. Member Nejedly stated that it came out in the meeting that the amount of construction time in front of each house was not communicated clearly. The maximum time in front of a house will be five days. Hopefully some of those things will be understood better by the citizens after the presentation next week. President Lucey stated that the District has had two Board Members at each of the San Ramon City Council meetings. The District will not have three Board Members there because the Board wishes to avoid any perception of a violation of the Brown Act. President Lucey thanked Ms. Freihofner and Mr. Hudson for coming to this meeting and expressing their concerns. It has been helpful. Member Menesini stated that in terms of finally understanding each other and getting together, it should have happened a long time ago but unfortunately it did not. Member Menesini stated that he hopes that in the future we can really communicate and understand each other. Mr. Batts apologized for making any remark about counsel, stating that he did not mean it to be demeaning to anyone. 3) Mr. Batts, General Manager, stated that the draft Total Maximum Daily Load (TMDL) for mercury has not yet been finalized. It appears that there are issues that have not yet been resolved between the Regional Water Quality Control Board and the Environmental Protection Agency. Each Board Member received a copy of the San Francisco Estuary Institute Regional Monitoring Program Report which provides background on this issue. 4) Mr. Batts, General Manager, stated that again this year the District will be participating in the annual Contra Costa Earth Day Festival on Sunday, April 30, 2000, from 10:00 a.m. to 6:00 p.m. at the Concord Pavilion. The District booth will feature the District's household hazardous waste, 20 00 b. c. 71 recycled water, student education, and integrated pest management programs. 5) Mr. Batts, General Manager, announced that Thursday, April 27, 2000 is "Bring Your Kids to Work Day." The District will have a program at the treatment plant and at the Collection System Operations Department. 6) Mr. Batts, General Manager, announced that there were two sewer overflows on April 11, 2000. There was a reportable overflow (10,000 gallons) in Canyon Lakes. There was no property damage. The second overflow was at 1190 Glenn Drive, Lafayette, where a home was flooded. The Collection System Operations (CSO) Department responded quickly to clean up the home. The residents were sent to a hotel. In response to questions from the Board, Safety and Risk Manager David Clovis reported on the status of repair work and a previous overflow at this location in 1986. 7) Mr. Batts, General Manager, stated that in June 1999, the Board was advised that the District was embarking on a Fix-It Notice pilot program by enclosing the Fix-It Notice in 500 copies of the Pipeline newsletter distributed to a target area in Pleasant Hill. The program was to generate customer feedback on such items as sewers, pumping stations, recent road work, and so on. The District coordinated the program with local city and county agencies for items reported that fell into their jurisdictions rather than the District's. In addition, the District was to get back to each responder with information on the action taken. In the first pilot program, the District received only two or three responses, and only one was related to a District issue. In the last Pipeline newsletter, 2,300 Fix-It Notices were enclosed to residents of Danville. To date there has been one response. 8) Mr. Batts, General Manager, announced that the Household Hazardous Waste Collection Facility will be closed on Easter Sunday, April 23, 2000. Last year the facility was open and received only ten visitors. The previous year eight customers visited the facility on Easter Sunday. Notices will be posted and voice mail messages changed to advise the public of this closure. 9) Mr. Batts, General Manager, announced that Mr. Robert Hinkson, retired District employee, passed away on April 19, 2000. Mr. Hinkson came to work for the district in 1950 as a Collection System Operations (CSO) employee and retired as the CSO Department Manager in 1985. Mr. Hinkson's son Rob is an Operator at the District's treatment plant and his daughter-in-law Debbie is an Accountant at the District. COUNSEL FOR THE DISTRICT None SECRETARY OF THE DISTRICT 1 ) Ms. Joyce E. Murphy, Secretary of the District, stated that at the last Board Meeting at the request of Member Boneysteele, staff was directed to send a copy of the minutes of the March 2, 2000 Board Meeting to the City of San Ramon to attempt to clarify the misconception created by the March 26, 2000 newspaper article which referenced the March 2, 2000 Board Meeting. Immediately following the last Board Meeting, Member Boneysteele asked that the minutes not be sent to the city of San Ramon since he did not believe it would be constructive. Ms. Murphy stated that she has not sent the minutes to San Ramon. The Board agreed that the minutes should not be sent to the City of San Ramon. 04 00 20 72 d. a. BOARD MEMBERS 1 ) Member Menesini reported on the dedication of the Martinez Flood Control Project for Relining Alhambra Creek at which the District was represented by Member Menesini, Director of Engineering Ann Farrell, and Community Affairs Manager Harriette Heibel. Member Menesini stated that this project is important to the District because it will help reduce the amount of water coming into the District sanitary sewer system particularly during peak wet weather flows. Member Menesini stated further that he is pleased that the project will result in a scenic as well as expedient route. 2) Member Menesini reported on the April 1 7, 2000 Contra Costa Special Districts Association meeting at which Dr. David Jameson, Contra Costa Mosquito and Vector Control District Board Member, was reelected as the special districts' representative to the Local Agency Formation Commission (LAFCO). Other topics of discussion included a legislative report, County Treasurer Oversight Committee report, a report by County Clerk Steve Weir regarding the election process, and a presentation on the Library ballot measure. 7. ENGINEERING AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH ELECTRICAL & CONTROL SYSTEMS ENGINEERING. INC. FOR THE DESIGN OF THE PUMPING STATIONS SUPERVISORY CONTROL AND DATA ACQUISITION PROJECT. DP 6127 Mr. Batts, General Manager, stated that as part of the construction planned for the current pumping station projects, particularly Orinda Crossroads and Moraga, the District has included upgrade of the existing pumping stations telemetry system. This position paper would use the initial work of the District's Supervisory Control and Data Acquisition (SCADA) Master Plan to prepare the actual installation design. Following discussion in which the experience and background of Electrical & Control Systems Engineering, Inc. was reviewed and the Board commended staff for the excellent pumping stations map, it was moved by Member Menesini and seconded by Member Hockett, that the General Manager be authorized to execute a professional services agreement with Electrical & Control System Engineering, Inc. for $180,000 for the design of the Pumping Stations Supervisory Control and Data Acquisition Project, DP 6127. There being no objection, the motion was unanimously approved. President Lucey stated that there seems to be a great deal of work going on at the treatment plant and pumping stations. President Lucey requested a listing of all treatment plant and pumping stations open contracts including a brief description of the work and the estimated costs for each. b. CONTRACT BETWEEN CENTRAL CONTRA COSTA SANITARY DISTRICT. WEST COUNTY WASTEWATER DISTRICT. AND CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM) FOR THE STORMWATER INSPECTION PROGRAM Mr. Batts, General Manager, introduced Mr. William E. Brennan, Capital Projects Division Manager, who stated that in June 1997, the District first entered into a contract with the Contra Costa Clean Water Program to implement a stormwater inspection program. Since this program began approximately 1,400 inspections have been conducted, primarily at food service and vehicle service facilities. Wherever possible the stormwater inspection is combined with the District's pretreatment inspection. Following discussion of non-point source pollution and the budget for the stormwater inspection program, it was moved by Member Menesini and seconded by Member Hockett, that the General Manager be authorized to execute the agreement among Central Contra Costa Sanitary District, West County Wastewater District, and the Contra Costa 04 20 00 73 Flood Control and Water Conservation District on behalf of the Contra Costa Clean Water Program for the continuation of stormwater inspection activities. There being no objection, the motion was unanimouslYcapproved. 8. TREATMENT PLANT a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH NPG ENGINEERING. INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR PLANT OPERATIONS DEPARTMENT PROJECTS Following discussion of options including hiring District staff as opposed to entering into a contract and review of the professional engineering services selection process, it was moved by Member Hockett and seconded by Member Boneysteele, that the General Manager be authorized to execute a professional engineering services agreement with NPG Engineering, Inc., with a cost ceiling of $300,000 and a term of one year for Plant Operations Department projects. The contract may be extended for a maximum of three years and a cost ceiling of $900,000 without further Board action. There being no objection, the motion was unanimously approved. 9. CORRESPONDENCE a. RECEIVE CORRESPONDENCE REGARDING DISTRICT PIPELINE NEWSLETTER Receipt of correspondence was noted from Mr. Jerry Silk, of Solutions to Improve Your Business; Mr. Merle W. Wood, Lafayette resident; and Mr. Thomas J. Kent, Walnut Creek resident, commending the District on its Pipeline newsletter. The Board commended staff on the excellent Pipeline newsletter. 10. APPROVAL OF MINUTES a. MINUTES OF MARCH 16. 2000 It was moved by Member Boneysteele and seconded by President Lucey, that the minutes of March 16, 2000 be approved as presented. There being no objection, the motion was unanimously approved. 11. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED APRIL 20. 2000 Member Boneysteele, member of the Budget and Finance Committee, stated that he and Member Menesini reviewed the expenditures and found them to be satisfactory. It was moved by Member Boneysteele and seconded by Member Menesini, that the Expenditure List dated April 20, 2000, including Self Insurance Check Nos. 101606- 101611, Running Expense Check Nos. 124106-124472, Sewer Construction Check Nos. 22100-22131, Payroll Manual Check Nos. 48653-48667, and Payroll Regular Check Nos. 51048-51107, be approved as recommended. There being no objection, the motion was unanimously approved. 12. BUDGET AND FINANCE a. REVIEW THE FINANCIAL STATUS AND BUDGET OF THE SELF INSURANCE FUND AND APPROVE THE ALLOCATION OF $175.000 TO THE FUND FROM THE 2000- 2001 OPERATIONS AND MAINTENANCE BUDGET Mr. Batts, General Manager, introduced Mr. David Clovis, Safety and Risk Manager, who reported on the status of the Self Insurance Fund and presented the proposed Self Insurance Fund Budget for 2000-2001. Mr. Clovis briefly reviewed the history and strategy with regard to the District's Self Insurance Fund from its establishment in 1986 through the creation of three sub-funds to conform to a new Government Accounting 04 20 00 74 Standards Board Statement No.1 0 (GASB-10) in 1994 to the present. This year the District obtained an actuarial review from Advanced Risk Management Techniques, Inc. of the District's self insured general liability and automobile liability. Mr. Clovis reviewed the staff recommendation as set forth in the position paper and attachments for transferring funds between sub-funds and allocation $175,000 from the 2000-2001 Operations and Maintenance (O&M) Budget to maintain adequate funds in each of the three Self Insurance Fund sub-funds. Following discussion of the cost effectiveness of maintaining the District's Self Insurance Fund compared to purchasing all insurance coverage, it was moved by Member Menesini and seconded by Member Hockett, that the proposed 2000-2001 Self Insurance Fund Budget be approved, and that the allocation of $175,000 to the fund from the 2000-2001 Operations and Maintenance Budget be approved. There being no objection, the motion was unanimously approved. 13. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 14. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Menesini requested that a discussion of public outreach be calendared on a future agenda. BREAK At 3:55 p.m., President Lucey declared a recess, reconvening at the hour of 4: 1 0 p.m. with all parties present as previously designated. 15. CLOSED SESSION a. LABOR NEGOTIATIONS With respect to labor negotiations, the closed session was held pursuant to Government Code Section 54957.6 to meet with designated representatives prior to and during consultations and discussions with the representatives of employee organizations regarding the salary, salary schedules or compensation paid in the form of fringe benefits to employees in order to review its position and instruct its designated representatives. The District's negotiators are Human Resources Manager Cathryn Freitas, Plant Operations Division Manager Doug Craig, and Labor Counsel Allison Woodall, and the pertinent employee organization is the Central Contra Costa Sanitary District Employees Association Public Employees' Union Local No.1. b. INITIATION OF LITIGATION Pursuant to Government Code Section 54956.9(c), on the advice of Counsel based on existing facts and circumstances, the Board of Directors of the Central Contra Costa Sanitary District has decided or is deciding whether to initiate litigation. One potential matter is to be discussed. At 4: 1 0 p.m., President Lucey declared the closed session to discuss labor negotiations pursuant to Government Code Section 54957.6 and initiation of litigation pursuant to Government Code Section 54956.9(c) as noted above. At 5: 19 p.m., President Lucey concluded the closed session and reconvened the meeting into open session. 16. REPORT OF DISCUSSIONS IN CLOSED SESSION No decisions were made or votes taken in closed session which require reporting at this time. 04 20 00 17. ADJOURNMENT 75 There being no further business to come before the Board, President Lucey adjourned the meeting at the hour of 5:20 p.m. COUNTERSIGNED: Se r ta of the Central on Costa Sa tary District, County of Contra Costa, State of California resident of the Board of Dire tors, Central Contra Costa Sanitar District, County of Contra Costa, State of California 04 20 00