HomeMy WebLinkAboutBUDGET & FINANCE AGENDA 10-12-09~~ Central Contra Costa Sanitary District
BUDGET AND FINANCE COMMITTEE
Chair Lucey
Member Nejedly
Monday, October 12, 2009
3:00 p.m.
Third Floor Conference Room
5019 Imhoff Place
Martinez, California
INFORMATION FOR THE PUBLIC
ADDRESSING THE COMMITTEE ON AN ITEM ON THE AGENDA
BOARD OF D/RECTORS
JAhIES A. NEJEDLY
PresiAcnl
.1flCHAEL R. ,t1tGlLL
PmsiRen! Pra Trm
BARBARA D. HOCKETI
GERALD R. LUCEY
MARIO ,l/..t/ENES/,V/
PHONE: (925J 228-9500
FAX: (915J 676-72 / l
wlvw.centraJsan.org
Anyone wishing to address the Committee on an item listed on [he agenda will be heard when the
Committee Chair calls for comments from the audience. The Chair may specify the number of minutes
each person will be permitted to speak based on the number of persons wishing to speak and the time
available. After the public has commented, the item is closed to further public comment and brought to [he
Committee for discussion. There is no further comment permitted from the audience unless invited by the
Committee.
ADDRESSING THE COMMITTEE ON AN ITEM NOT ON THE AGENDA
In accordance with state law, the Committee is prohibited from discussing items not calendared on the
agenda. You may address the Committee on any items no[ listed on the agenda, and which are within their
jurisdiction, under PUBLIC COMMENTS. Matters brought up which are not on the agenda may be
referred to staff for action or calendared on a future agenda.
AGENDA REPORTS
Supporting materials on Committee agenda items are available for public review at the Reception, SOl9
Imhoff Place, Martinez. Reports or information relating to agenda items distributed within 72 hours of the
meeting to a majority of the Committee are also available for public inspection at the Reception. During
the meeting, information and supporting materials are available in the Conference Room.
AMERICANS WITH DISABILITIES ACT
In accordance with the Americans With Disabilities Act and California Law, it is the policy of the Central
Contra Costa Sanitary District to offer its public meetings in a manner that is readily accessible to
everyone, including those with disabilities. If you are disabled and require special accommodations to
participate, please contact the Secretary of the District at least 43 hours in advance of the meeting at (925)
229-7303.
® RecydeA Paper
Budget and Finance Committee
October 12, 2009
Page 2
1. Call Meeting to Order
2. Public Comments
3. Old Business
*a: Review outstanding questions
4. Claims Management
*a. Review new and outstanding claims
5. Reports and Announcements
a. Redwood Painting -Charles Del Monte (Discussion of previous invoice
for CSO fence painting)
*b. Pool Vehicle Report
*c. Legal opinion regarding expense reimbursement for County Supervisor
breakfast
6. Review Expenditures (Item 3.a. in Board Binder)
7. Adjournment
* Attachment
3.Q.
Central Contra Costa Sanitary District
October 9, 2009
TO: BOARD BUDGET AND FINANCE COMMITTEE
FROM: RANDALL MUSGRAVES
DEBBIE RATCLIFF ,~
SUBJECT: SEPTEMBER 28, 2009 COMMITTEE MEETING
There were two outstanding questions from the last Board Budget and Finance
Committee meeting which required additional staff research. The questions and
answers are provided below:
177353 Supervisor Breakfast -The Committee asked for a legal opinion
regarding the payment of expenses for Board members to attend political
breakfasts.
Please see the attached opinion letter from Kent Alm, item 5.c.
2. 177422 - US Bank Procurement Card -What was the fraudulent transaction
and how was it handled?
A total of three fraudulent transactions occurred on one of the District employee's
p-card totally approximately $5,000. The fraudulent activity started with a series
of $1 transactions to test the card and then the three larger transactions
occurred. The procurement card company contacted the employee to inquire as
to the validity of the charges. The card was canceled, a credit has been issued
for the fraudulent charges and a new card has been issued. This is standard
practice when a fraudulent transaction occurs.
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5. b.
Central Contra Costa Sanitary District
October 12, 2009
TO: BUDGET AND FINANCE COMMITTEE
VIA: JAMES M. KELLY, GENERAL MANAGER
FROM: ANN FARRELL, DIRECTOR OF ENGINEERING
BILL BRENNAN, DIRECTOR OF COLLECTION SYSTEM
OPERATIONS
DOUG CRAIG, DIRECTOR OF OPERATIONS
RANDALL MUSGRAVES, DIRECTOR OF ADMINISTRATION
SUBJECT: REVIEW OF DISTRICT VEHICLE FLEET USAGE AND SIZE
At the August 31, 2009 Budget and Finance Committee staff was asked to review the
size of the District's vehicle fleet. I have met with the Department Directors and
reviewed both usage and need. The Vehicle Inventory spreadsheet displaying the
vehicle and user information is attached for your review.
H i sto ry/l n trod u cti o n
The District has followed a plan developed in 2002 by Don Rhoads, Field Operations
Superintendent. The Vehicle Inventory spreadsheet reflects the plan. In 2002, Mr.
Rhoads was tasked with reducing the fleet size by then District Manager, Charles Batts.
The size of the fleet at that time was approximately 130 vehicles, and included many
vehicles in very poor condition and others which were getting little or no use. Included
in that number were 10 passenger cars that were considered pool vehicles (unassigned
to specific users) that were available for checkout through administrative staff at the
front desk at HOB. Over the years, replacement criteria (see below) has been refined
and the fleet size has been reduced, currently at 113 vehicles, pending deletion of nine
vehicles earmarked for disposal in the replacement plan; after researching use patterns
only 5 vehicles are now in the vehicle pool. This vehicle plan is designed to meet
departmental needs. Newer vehicles are assigned to higher mileage users.
Usage
The District has a total of 113 vehicles. Nine are surplus and will be gone by the end of
November 2009, resulting in a fleet of 104 vehicles. The attached Vehicle Inventory
spreadsheet identifies the users and type of vehicles.
Pool- The five (5) pool vehicles, assigned to the Administrative Department, are
available for checkout by any District personnel and are heavily used. Scheduling
conflicts frequently occur causing an employee to reschedule tasks to a time when a
pool car is available. Employees carinot be directed to use their own vehicle due to it
not being a job requirement. Staff does not recommend a reduction to the pool
vehicles.
Administration -There are two other vehicles assigned to Administration, one (1)
for the Community Affairs Representative and one (1) for the warehouse. The
Community Affairs Representative's use is heavy during construction season and for
meetings at homes and with the community. The warehouse is heavily used for pick-
ups and deliveries.
Engineering -The Engineering Department is currently assigned twenty-four (24)
vehicles. They are assigned as discussed below and on the attached spreadsheet.
The Capital Projects Division is assigned eight (8) vehicles. These vehicles are all in
use during the construction season but receive reduced usage during the winter
months, when fewer projects are under construction. Some years we have had more
than usual collection system projects under construction and have held back some of
the vehicles earmarked for disposal and rented an extra vehicle for one year under a
specific project. It might be possible to surrender one or two vehicles if they were
replaced with rentals for about six months per year. Fleet management will be
performing a cost benefit analysis on this alternative.
Environmental Services Division is assigned the remaining sixteen (16) vehicles. Six
(6) vehicles are assigned to development inspection, and these are typically the
vehicles with the most mileage each year as they visit the most sites. One (1) vehicle
could possibly be surrendered, if we could replace it with a rental vehicle for
approximately four months per year when we have summer help. As mentioned above,
fleet management will be performing a cost analysis on this alternative. Seven (7)
vehicles are assigned to source control. Six (6) are assigned to inspectors and one (1)
is shared by the two senior inspectors and the superintendent. One (1) vehicle is
assigned to HHW, and two are assigned to Survey.
Seasonally, the Engineering Department has need of all of its assigned vehicles.
However, as many as three vehicles are primarily used during construction season and
could possibly be surrendered and replacement vehicles rented for 4-6 months per
year. Fleet management rotates vehicles around the District such that those with the
most miles and least value are being used by those with the least use, i.e. the seasonal
users. A cost benefit analysis.will be performed addressing the renting of three
vehicles for 4-6 months per year versus keeping some of the older vehicles in the fleet
available for this use. Since the value of these vehicles may be very low due to their
age and mileage, we may find that it is less expensive to continue to operate as we
have than to reduce the number of vehicles and rent additional vehicles during the
construction season.
Plant Operations and Maintenance - The laboratory has one (1) pickup truck
used for transporting samples and equipment, driving to sampling locations, and
performing odor patrol.
The machine shop has one (1) truck used on a regular basis for picking up or dropping
off parts, equipment, paint, and supplies.
The mechanical maintenance shop has one (1) truck due to be replaced with No. 190
from Buildings and Grounds (B&G). The Mechanical Maintenance truck is a 3/< ton
Utility truck which they need to tow the welder, air compressor, etc., and move
equipment.
The instrument shop has one (1) van used to service equipment at both the plant and
pump stations. When needed they also borrow the maintenance staff sedan.
The electric shop has one (10) van and one utility truck used to service equipment at
both the plant and pump stations. The utility truck is necessary to move large motors
and equipment.
Plant operations has two (2) trucks used by the secondary operator for making rounds
of the treatment plant and by the operations coordinator, shift supervisor, and
superintendent as needed to respond to operational needs in and around the treatment
plant.
The maintenance staff has one (1) sedan used by maintenance planners to expedite
parts, by the instrument shop when they need to go the pumping stations and their van
is in use, and by the maintenance superintendent and any of the shop supervisors to
check up on any of their crews working in various areas around the treatment plant.
Buildings and Grounds (B&G) has one (1) boom truck used for pulling gates and setting
equipment. They also have two (2) one-ton dump trucks used for moving dirt, rock,
sand, etc. for landscape maintenance and sandbagging. In addition, there are five (5)
pickups assigned to B&G ranging in size from one- half to three-quarter ton. B&G
uses these trucks to move portable pumps, generators and equipment for tank work
etc., spraying, gardening, tree trimming, weed control, hauling equipment, and moving
furniture. Also, B & G staff asked to keep one of their vehicles slated for disposal to
replace two electric carts which became inoperable after the equipment budget was set.
Staff will pertorm a cost benefit analysis of reducing one dump truck and one pick-up
truck.
Collection Systems Operation - These include the both the large vehicles used
for cleaning and repair of the collection system as well as the smaller vehicles used by
both the pumping station operators and collection system staff. As of this date, there
are fifty-six (56) vehicles total in CSOD.
There are twenty-nine (29) vehicles that are more than one ton in capacity. In the two
cleaning sections, there are four (4) hydrovactors ,one (1) fetter, and seven (7) rodding
trucks. In the construction section there are fifteen (15) of these larger vehicles. These
include the construction crew trucks, dump trucks of various sizes, two flatbeds, the
confined space van, the pump van, and the Permaliner van. In the CCTV/locating
section there are the two CCTV trucks.
There are seventeen (17) vehicles one ton or less used for pipeline maintenance, the
vehicle shop, and for the CSOD pool. These include the two on call trucks for crew
leader and crew member, a pick up truck which follows the smaller CCTV truck with
equipment, the locating (USA) truck, the truck used to carry the Envirosite camera
system, the truck used to carry the concrete saw, the hand rod truck, one truck
assigned to each of four supervisors, and a truck shared by the two field operations
superintendents based in the Walnut Creek office. There are three (3) vehicles assigned
to the vehicle shop. These include a van and two trucks. There are two vehicles
assigned to the CSOD pool. These include a minivan and one pick up truck.
With the scheduled retirement of one supervisor there is ari opportunity to reduce the
inventory by one pick up truck early in the next calendar year.
The pumping station section has ten (10) vehicles all less than one ton. With the recent
resignation of one pumping station operator there is currently a need for only nine
vehicles so the extra vehicle will be moved to the Plant Operations department as
earmarked in the replacement plan to replace on older vehicle (probably Unit 174) so no
replacement vehicle will need to be purchased this year. However, the replacement
truck will need to be provided when the position is filled. Each pumping station
operator, supervisor and the superintendent is assigned either a half ton or three
quarter ton pickup truck. These trucks are on call vehicles and are equipped with GPS
locating devices. If it is desirable to staff up pumping stations in the future to provide for
training of replacements prior to expected retirements, a tenth vehicle will be needed
again.
In the short term, the CSO vehicle inventory can be reduced by one vehicle less than
one ton in size (the pumping station truck) which brings the inventory to fifty-five (55).
After the scheduled retirement early in the next calendar year, the inventory can be
reduced to fifty-four (54) vehicles for CSO.
Replacement Plan
Light-duty vehicles rated at three quarter ton or less including passenger cars and vans
are assigned a 100,000 mile and/or 10-year replacement cycle. The heavy-duty
vehicles larger than this are placed on a 150,000 mile and/or 15-year replacement cycle
with a few exceptions. The exceptions are two CSO construction crew trucks that are
on a 150,000 mile and/or 12-year replacement cycle and two 12-yard, three-axle, dump
trucks which are on an unlimited mileage schedule. Some heavy-duty vehicles are
driven very few miles but the engines are used to power ancillary equipment so they are
evaluated based upon an industry standard of their engine hours (1 hour = 34 miles).
Generally heavy duty vehicles such as hydrovac trucks, rodders, and dump trucks are
kept in the same use over the course of their lifetime. When light-duty vehicles are
purchased most of them are placed with higher mileage users; e.g., pumping stations
operators and developer inspectors. As the mileage accumulates, the vehicle is moved
to another user who will drive fewer miles and a new vehicle is purchased for the high
mileage user. Every attempt is made to get all vehicles to reach both their mileage and
year schedules before they are replaced. Once a vehicle reaches either of its
schedules (mileage or years) it is reviewed for replacement based upon the schedule,
mechanical condition/repair history, and current budgetary restraints, to determine if
they will be replaced according to schedule or not.
If a vehicle suffers major mechanical failure or severe accident prior to its scheduled
replacement a business decision is made whether to fix or replace the vehicle before its
anticipated year.
Vehicle Washin
Collection System Operations (CSO) vehicles are washed at the CSO facility on the
wash rack. The Vehicle and Equipment Service Worker washes the CSO trucks and
pool cars as service is provided. In addition, he washes the five pool vehicles located
behind the HOB building in a designated area of the Plant two to three times per week.
The CSO Maintenance Crew Members have trucks assigned to them. They are
responsible to wash and clean their assigned vehicles. Pump Station Operators also
wash and clean their assigned vehicle. Management has found this practice more
effective in keeping the vehicles washed and cleaned: The CSO Maintenance Crew
Members also wash the large Vactor and Rodder trucks.
Source Control vehicles are generally washed either at the designated location of the
plant site or at the vehicle maintenance shop when they are serviced. When needed,
inspectors will wash them at a commercial carwash. Construction Inspectors are
charged with the responsibility of keeping their assigned vehicles looking presentable.
They do this by using commercial carwashes that they can visit on their rounds rather
than taking the vehicles out-of-service for District staff to wash.
Plant Operators and Mechanics generally wash their assigned vehicle either at the
designated location of the plant site or the vehicle maintenance shop will wash it when
they are serviced. When needed, staff will wash them at a commercial carwash.
Staff will research the cost benefit of a mobile vehicle washing service.
Staff has reduced the size of the vehicle fleet and will continue to evaluate areas of
consolidated uses. Obviously, there is a balance between the cost of a vehicle and
maintenance versus flexibility and productivity. An additional two (2) to five (5) vehicles
have been identified as possible reductions. Upon completion of the cost benefit
analysis, staff will return to the Committee identifying the results and savings. The
2009/2010 five (5) vehicle replacement purchases will be held until the cost analysis
has been completed.
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m e y e r s nave riback silver & Wilson
professional law corporation
MEMORANDUM
DATE: October 8, 2009
T0: Board of Directors
Central Contra Costa Sanitary District
FROM: Kenton L. Alm, General Counsel I
BY: Jennifer E. Faught, Associate Attorney
COPY: Jim Kelly, General Manager
RE: Payment for Board Attendance at Gayle Uilkema Breakfast Meetings
Question Presented
5.~.
Kenton L. Alm
Attorney at Law
510.808.2000
May the District send checks to the officeholder account of County Supervisor Gayle Uilkema to pay for
Board member attendance at her quarterly "Breakfast Club" meetings?
Short Answer
We recommend that no membership dues or other payments be made to Supervisor Uilkema's officeholder
account because there is a risk that those payments may be viewed as campaign contributions.
Background and Analysis i
Supervisor Uilkema's Breakfast Club meets once a quarter primarily to hear guest speakers discuss issues
of local concern. Attendees are asked to pay annual "membership dues' of $75 per person or $200 per
organization or company to join the Club, as well as $30 per person for each breakfast meeting.
Supervisor Uilkema makes use of several different accounts, three of which are relevant to this discussion:
(1) a personal account that volunteer Jean Tajima uses to pay for breakfast expenses only; (2) an
officeholder account used only for covering expenses that are related to Ms. Uilkema's work as a
Supervisor, such as visiting other counties; and (3) a campaign account (called the "Re-elect Gayle
Uilkema 2008" campaign account) which is used for all campaign contributions and expenditures.
The $75 or $200 membership payments are placed in Supervisor Uilkema's officeholder account. The $30
breakfast payments are often paid directly to Jean Tajima, whose separate account is used only for paying
55512th Street, Suite 1500 I Oakland, California 94607 ~ tel 510.808.2000 ~ fax 510.444:1108 ~ www.mepersnave.com
LOS ANGELES OAKLAND SACRAMENTO SAN FRANCISCO SANTA ROSA
To: Board of Directors
From: Kenton L. Alm
Re: Payment for Board Aflendance at Gayle Uilkema Breakfast Meetings
Date: October 8, 2009
Page: 2
the costs of the breakfast, including use of the space and the cost of the meal itself.t (Occasionally
attendees pay the $30 fee to the offceholder account, and a payment is then made from the officeholder
account to Jean Tajima.)
r
We understand from Supervisor Uilkema's ireasurer2 that Ms. Tajima's account and the officeholder
account are kept completely separate from the actual campaign account, and that the County recognizes
the segregation of officeholder and campaign accourils. Nevertheless, she explained, County and State
regulations differ, and the State considers contributions to the officeholder account as counting toward
campaign contribution limits. So even though in fact Supervisor Uilkema's committee keeps "campaign"
and "officeholder" expenses entirely separate, in the eyes of the State there may be no difference?
We contacted the Fair Political Practices Commission (FPPC), which interprets and enforces the state
campaign laws, for guidance on potential pitfalls of making payments to any of the Supervisors accounts.
The FPPC directed us to Regulation 18420, which requires candidates or committees to report
contributions they receive from state or local government agencies. In addition, Regulation 18420 provides
that "[t]he payment by a state or local government agency of the salary or expenses of its employees or
agents is an expenditure or contribution only if the salary or expenses are for campaign activities and meet
the requirements of [Regulation] 18423." Regulation 18420 goes on to list eleven examples of "campaign
activities," which include fairly overt campaign-related tasks such as acting as campaign manager,
participating in partisan "get out the vote" drives, and developing campaign literature?
Under a reasonable interpretation of Regulation 18420, attendance at an informational breakfast meeting
would not itself necessarily constitute a campaign activity. Although there may arguably be acampaign-like
element involved, we understand the breakfasts to be primarily for the exchange of information. Payments
to cover only the cost of the meals themselves thus might not be characterized as contributions to a
campaign committee. As long as attendees do not participate in any campaign activities (particularly those
listed in Regulation 18420), and no money collected for the breakfasts is used to fund any campaign-
related expenses, the District's use of its public funds to pay for its Directors to attend informational
meetings by reimbursement or direct payment to Jean Tajima would seem io be legally permissible. At
~ Jean Tajima currently volunteers for Supervisor Uilkema and has taken on the specific task of paying separately for
the breakfast meetings.
s The Veasurer is Carol Singer, another volunteer, who has been working as treasurer for the Supervisor for many
years.
a Please note that we did not research all of the many crounty and state regulations that might be relevant here and did
not independently verify how each of the accounts is used.
Regulation 18423 provides that the reimbursement of personal expenses is a contribution or expenditure if (1) the
employee renders services at the request or direction of the employer; or (2) the employee, with employer consent, is relieved of
any normal working responsibilities in order to render the personal services. It also explains that "personal services are rendered
for political purposes if they are carried on for the purpose of inFluencing or attempting to influence the action of the voters .. "
To: Board of Directors
From: Kenton L. Alm
Re: Payment for Board Attendance at Gayle Uilkema Breakfast Meetings
Date: October S, 2009
Page: 3
least in the related context of supporting or opposing ballot measures, the California Supreme Court has
approved the use of public funds to pay for "informational materials" but not "campaign materials."
(Stanson v. Mott (1976)17 Cal.3d 206; Vargas v. City of Salinas (2009) 46 Cal.4b 1.) Of course, how far
the District wants to go in this area is a policy question and we do not here opine on what may be perceived
as proper or improper.
The situation is slightly more complicated, however, by the fact that one is expected to become a member
of the Breakfast Club in order to attend the breakfasts. Payments of the $75 or $200 membership dues for
the Breakfast Club go directly to the officeholder account. Even though the membership dues reportedly
are not used for campaign activities, they,are apparently not used io fund merely the cost of the breakfast.
Furthermore, although Supervisor Uilkema keeps her campaigning and her officeholder accounts separate,
it is not clear why additional, non-County donations are needed for her to carry out her office-related tasks,
or whether it is appropriate for another local government entity to pay for those expenses. This, in addition
to the information we received from Ms. Singer indicating that the State views contributions to officeholder
accounts to be campaign contributions, leads us io conclude that, unless additional research is conducted
which yields new information, the District at a minimum should not make any payments to Supervisor
Uilkema's officeholder account.
KIA:JEF
1303372.3