Loading...
HomeMy WebLinkAboutBOARD MINUTES 11-20-03 94 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON NOVEMBER 20, 2003 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 November 20, 2003. In the absence of President Nejedly, President Pro Tem Lucey called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Menesini, Boneysteele, Hockett, Lucey ABSENT: Members: Nejedly President Nejedly had advised that he would be unable to attend this meeting, and had requested to be excused. a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance to the Flag. 2. PUBLIC COMMENTS None 3. CONSENT CALENDAR It was moved by Member Menesini and seconded by Member Hockett, that the Consent Calendar, consisting of Items a. through d., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Public sewer improvements and an Offer of Dedication were accepted from Symat Partners Limited for an easement shown on the recorded final map of Subdivision No. 7233 in the unincorporated area of Walnut Creek (Job 5349, Parcel 3), staff was authorized to record said easement acceptance with the Contra Costa County Recorder, and Resolution No. 2003-099 was adopted to that effect. Motion approved on the following vote: AYES: Members: Menesini, Hockett, Boneysteele, Lucey NOES: Members: None ABSENT: Members: Nejedly b. Public sewer improvements and an Offer of Dedication were accepted from Tamara K. Covert for an easement shown on the recorded final map of Subdivision No. MS 38-88 in the unincorporated area of Alamo (Job 5370, Parcels 1 and 2), staff was authorized to record said easement acceptance with the Contra Costa County Recorder, and Resolution No. 2003-100 was adopted to that effect. Motion approved on the following vote: 11 20 03 ,'"<. "'" AYES: Members: Menesini, Hockett, Boneysteele, Lucey NOES: Members: None ABSENT: Members: Nejedly c. The M4A Force Main Relocation Project, DP 5410, was approved and staff was directed to file a Notice of Exemption with the County Clerk. Motion approved on the following vote: AYES: Members: Menesini, Hockett, Boneysteele, Lucey NOES: Members: None ABSENT: Members: Nejedly In response to questions from Member Menesini, Mr. Charles W. Batts, General Manager, stated that he would schedule an update for the Board on the Martinez gravity and force main system. d. January 15, 2003 at 2:00 p.m. was established as the date and time for a public hearing to receive comments on and to consider adoption of a proposed ordinance to amend District Code Chapter 6.40 "Hazardous Waste Handling and Disposal Charges for Conditionally Exempt Small Quantity Generators." Motion approved on the following vote: AYES: Members: Menesini, Hockett, Boneysteele, Lucey NOES: Members: None ABSENT: Members: Nejedly 4. HEARINGS a. CONDUCT A HEARING TO RECEIVE COMMENTS ON AND CONSIDER ADOPTION OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF PUBLIC EASEMENTS FOR SANITARY SEWER AND ACCESS PURPOSES AND AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR THE LOWER ORINDA PUMPING STATION RENOVATION PROJECT. DP 5448 President Pro Tem Lucey indicated that the purpose of this hearing is to receive comments regarding adoption of a Resolution of Necessity for the acquisition of public easements for sanitary sewer and access purposes and authorization of eminent domain proceedings for the Lower Orinda Pumping Station Renovation Project, DP 5448. Mr. Batts, General Manager, stated that the District will soon be renovating the Lower Orinda Pumping Station to improve its reliability, safety, and efficiency and to meet projected wet weather capacity needs. During project design, a question arose as to the legitimacy of the District's property rights, and those of the Orinda Country Club, over an adjoining property through which the District maintains a sewer and driveway to access the pumping station. Negotiations with the property owners have not resolved the matter; and in order to clear whatever confusion there is over the District's property rights, District Counsel has recommended the initiation of eminent domain proceedings. Mr. Batts introduced Mr. Ricardo Hernandez, Senior Engineering Assistant, who stated that the Lower Orinda Pumping Station Renovation Project is proceeding. When the Lower Orinda Pumping Station was built in approximately 1950, the District acquired easements to accommodate the sewer within the Orinda Country Club and surrounding land, including what is now Mr. and Mrs. Dickerson's property, 24 Miner Road, Orinda. 11 20 95 03 96 Since that time, access to a portion of the Country Club and the pumping station has been through a driveway off Miner Road and over the Dickerson property. Using an aerial photograph, Mr. Hernandez described the locations of the sewer access easement, the access road, the pumping station, the Country Club maintenance building, and the portion of the Dickerson property that is the subject of the Resolution of Necessity. Mr. Hernandez stated that the driveway has been used since about 1950 as access to the pumping station. In addition, this driveway is also used by the Orinda Country Club as access to the golf course maintenance building. The driveway generally follows the alignment of the sewer to the pumping station. Negotiations with William H. Dickerson, Jr. and Marjorie F. Dickerson have not been successful and it is recommended that the Board proceed with commencement of eminent domain proceedings at this time. Mr. Hernandez reviewed the key considerations relating to the proposed adoption of a Resolution of Necessity for acquisition of public easements for sanitary sewer and access purposes and authorizing eminent domain proceedings for the Lower Orinda Pumping Station Renovation Project as follows: . The public interest and necessity require the proposed project. . The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. . The property described in the resolution is necessary for the proposed project. Mr. Andrew Antkowiak, Associate Engineer, stated that the first item the Board must consider is the public interest and necessity for the project. The Lower Orinda Pumping Station Renovation Project is an essential project. The Lower Orinda Pumping Station is the oldest pumping station in the District, constructed in 1949. The equipment is old and difficult to maintain. In addition, the pumping station needs to be updated to meet projected wet weather capacity requirements and current codes. The pumping station is next to a creek that drains to the San Pablo Reservoir, an East Bay Municipal Utility District drinking water reservoir, so reliability is critical. The project is needed to improve reliability. The project is also needed to meet all regulatory requirements. Based on these facts, the public interest and necessity require the project for which the public easements for sanitary sewer and access are to be acquired. Mr. Antkowiak stated that the second item that the Board must consider is whether the proposed project is planned and located in the manner that will be most compatible with the greatest public good and least private injury. Two alternatives were investigated during the planning process: 1) rehabilitation of the pumping station in the present location; and 2) relocating the pumping station across the creek. The City of Orinda rejected the alternative plan for relocating the pumping station to an alternate location. In addition, new easements for extension of the pipeline, new land rights, and extensive permitting with cities and planning agencies would be required to relocate the pumping station. The preference of the City of Orinda was for the District to renovate the pumping station in its existing location. Based on the input from the City of Orinda, the District agreed to rehabilitate the pumping station in its present location. Based on these facts, the proposed project is planned or located in the manner which will be most compatible with the greatest public good and the least private injury. Mr. Hernandez stated that the third item that the Board must consider is whether the property described in the resolution is necessary for the proposed project. Mr. Hernandez stated that a non-exclusive easement is being proposed. A portion of the easement is needed for an existing sewer that could not feasibly be relocated, and for an existing access road to the existing pumping station within the Orinda Country Club premises that would otherwise would not be reasonably accessible via an alternative route. This property has been used for these purposes for approximately 50 years. Access is needed to the pipelines and it is reasonable to access the pumping station along the same alignment. The proposed easement would be a non-exclusive easement that would allow the other current uses to continue. Based on the facts 11 20 O! Q 'f.) enumerated above, the property described in the resolution is necessary for the proposed project. It is requested that the Board proceed with adoption of a Resolution of Necessity to obtain the needed property rights. At 2:13 p.m., President Pro Tem Lucey opened the hearing to receive comments from the affected property owners, Mr. William H. Dickerson, Jr. and Mrs. Marjorie F. Dickerson. Neither the Dickersons nor their representative were present. There being no comments, the hearing was closed. Following discussion, it was moved by Member Hockett and seconded by Member Boneysteele, that the Board finds that the public interest and necessity require this project, that the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury, and that the property rights sought to be acquired are necessary for the project; that Resolution No. 2003-101, a Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer Purposes and Authorizing Eminent Domain Proceedings for the Lower Orinda Pumping Station Renovation Project, DP 5448, be adopted; and that authorization be given for filing of the eminent domain action. Motion approved on the following vote: AYES: Members: Hockett, Boneysteele, Menesini, Lucey NOES: Members: None ABSENT: Members: Nejedly 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 6. BIDS AND AWARDS a. REJECT ALL BIDS RECEIVED FOR THE CONSTRUCTION CONTRACT FOR THE COLLECTION SYSTEM OPERATIONS DIVISION YARD PAVING PROJECT. DP 8202 Mr. Batts, General Manager, stated that the Collection System Operations Division (CSOD) Yard Paving Project was to repair and improve the employee parking lot at CSOD. The lowest bid received of $61 ,607.91 was substantially greater than the engineer's estimate of $29,700. At the October Capital Improvement Budget workshop, it was recommended that staff development a master plan for CSOD projects, including this one. Short-term alternatives to extend the life of the paved surfaces are being investigated. It is recommended that all bids received for the construction of the Collection System Operations Division (CSOD) Yard Paving Project be rejected. Following discussion, it was moved by Member Hockett and seconded by Member Menesini, that all bids received for the contract for the construction of the CSOD Yard Paving Project, DP 8202, be rejected. There being no objection, the motion was approved with President Nejedly being absent. a. 7. ITEMS HELD OVER FROM PREVIOUS BOARD MEETINGS REJECT ALL BIDS RECEIVED FOR THE COLLECTION SYSTEM OPERATIONS DIVISION FUEL SYSTEM MODIFICATIONS PROJECT. DP 8201 Mr. Batts, General Manager, stated that this project was to replace the existing fueling system with a new one that complies with all current and anticipated regulations. However, the lowest bid received was 22 percent higher than the engineer's estimate of $250,000. Short-term alternatives for the operation of the facility and fleet fueling are being evaluated. At the October Capital Improvement Budget workshop, staff proposed development of a master plan for Collection System Operations Division (CSOD) facilities. At this time, staff recommends that all bids be rejected. 11 20 97 03 98 It was moved by Member Menesini and seconded by Member Hockett, that all bids received for the contract for the construction of the CSOD Fuel System Modifications Project, DP 8201, be rejected. There being no objection, the motion was approved with President Nejedly being absent. CONSIDER RENEWAL OF CONTRACT FOR LEGAL SERVICES WITH KENTON L. ALM AND MEYERS. NAVE. RIBACK. SILVER & WILSON FOR THE PERIOD FROM OCTOBER 1. 2003 THROUGH SEPTEMBER 30. 2007 AND AUTHORIZE THE BOARD PRESIDENT TO EXECUTE THE CONTRACT b. Mr. Kenton L. Aim, Counsel for the District, excused himself during discussion of this item and moved to the audience. Mr. Batts, General Manager, stated that the District has been receiving general legal services from Mr. Kenton L. Aim since 1985 under a contractual arrangement which has now expired. The term of the proposed contract renewal is four years, from October 1, 2003 through September 30,2007, with an ability to extend for an additional two years for a total of six years. The proposed contract renewal is similar to the current contract. Hourly rates have been modified to reflect increased costs for service delivery and to be consistent with the new law firm's rates. A slight increase of approximately 2.5 percent is reflected for the Senior Principal, Mr. Aim. The retainer rate was decreased approximately 7 percent, with total hours increasing from 40 hours to 56 hours per month. It is anticipated that the increase in hours will be offset by the decrease in the retainer hourly rate, blended rate, and the shift of currently directly-billed activities to the retainer. Staff recommends approval of the proposed contract renewal. Discussion followed in which Member Menesini stated that this is a significant expenditure for the District and while he will approve the contract renewal, he questioned whether the District should go out for competitive bids for legal representation. Following discussion, it was moved by Member Menesini and seconded by Member Hockett, that the contract with Kenton L. Aim and Meyers, Nave, Riback, Silver & Wilson for legal services for the period from October 1, 2003 through September 30, 2007, be approved and that the Board President be authorized to execute the contract. There being no objection, the motion was approved with President Nejedly being absent. Mr. Aim, Counsel for the District, returned to his seat. a. 8. REPORTS GENERAL MANAGER 11 20 1) Mr. Batts, General Manager, stated that the District's annual holiday party will be held at the Shadelands Auditorium in Walnut Creek on Friday, December 12, 2003 at 6:30 p.m. Invitations were distributed to the Board. 2) Mr. Batts, General Manager, stated that the Employee Service Awards luncheon will be held tomorrow at 11 :30 a.m. at Vic Stewart's in Walnut Creek. 3) Mr. Batts, General Manager, stated that Mr. Richard Currie is the new General Manager/District Engineer for Union Sanitary District, replacing Mr. Steve Hayashi who is retiring after 17 years. Mr. Currie was the Technical Support and Customer Services Manager for Union Sanitary District. 4) Mr. Batts, General Manager, stated that the California Association of Sanitation Agencies (CASA) is supporting CASA President John Coleman for appointment to the position of Director of the Department of Water 03 5) 6) b. Resources for the State of California. Governor Schwarzenegger will be making that appointment. Mr. Batts, General Manager, stated that the State of California budget process is beginning under new Governor Arnold Schwarzenegger. Mr. Batts stated that he will keep the Board informed of developments that may impact the District. Mr. Batts, General Manager, announced that Mr. Bruce Wolfe has been selected as the new Executive Officer of the San Francisco Regional Water Quality Control Board. COUNSEL FOR THE DISTRICT None c. SECRETARY OF THE DISTRICT 1) 2) d. Ms. Joyce E. Murphy, Secretary of the District, distributed updated District telephone and key contact lists. Ms. Joyce E. Murphy, Secretary of the District, announced that her current contract will expire on June 30, 2004. As required by that contract, the Board must be notified prior to the end of November each year that the term of the contract will be extended automatically for one year unless either party notifies the other before December 31 of its intention to modify or not to extend the contract. Ms. Murphy stated that she would not propose any changes in her contract. If the Board wishes to modify or intends not to extend the employment contract, they were asked to advise staff before December 31, 2003 so the matter can be placed on the Board agenda. Otherwise, the employment will automatically be extended for one year until June 30, 2005. BOARD MEMBERS 1) 2) 3) 4) Member Menesini announced that Dr. Lawrence Kolb's recent presentation at the Environment Alliance Discussion Series concerning changes impacting the Delta was very informative. Member Menesini announced that the Restoration Advisory Board for the closure of the Concord Naval Weapons Depot is recruiting for members. Anyone interested should contact Member Menesini for an application. Member Menesini reported on the recent Creek and Watershed Symposium co-sponsored by the District. Member Lucey requested that the General Manager provide him with information on the status of work on Moraga Way. 9. ENGINEERING ADOPT A RESOLUTION AUTHORIZING EXECUTION AND RECORDING OF A COMMON USE AGREEMENT WITH DUBLIN SAN RAMON SERVICES DISTRICT/EAST BAY MUNICIPAL UTILITY DISTRICT RECYCLED WATER AUTHORITY (DERWA) FOR JOINT USE OF EASEMENTS AND MAINTENANCE OF THE ALAMO CREEK BRIDGE NEAR THE DOUGHERTY TUNNEL a. Mr. Batts, General Manager, stated that the District has been working with the Dougherty Valley developers and Dublin San Ramon Services District/East Bay Municipal Utility District Recycled Water Authority (DERWA) to coordinate the location and joint use of utility corridor easements and facilities such as access roads and the 11 20 99 03 100 Alamo Creek Bridge near the east portal of the Dougherty Tunnel. The recommended Common Use Agreement establishes the rights and responsibilities of each agency with regard to the easements, roads, and bridge. Specifically, the proposed agreement calls for mutual cooperation when additional sewers or recycled water facilities are needed, or when any of the existing facilities require maintenance, repair, renovation or replacement. The District will maintain the road and bridge and DERW A will pay 50 percent of the cost of the maintenance. The agreement also provides for a cooperative effort to negotiate a trail use license with the City of San Ramon, East Bay Regional Park District, or another agency with jurisdiction over trails in the valley for use and maintenance of the roads and bridge. Following discussion, it was moved by Member Hockett and seconded by Member Menesini, that the President of the Board of Directors and the Secretary of the District be authorized to execute a Common Use Agreement between the District and DERW A for joint use of easements and maintenance of the Alamo Creek Bridge and all-weather access roads near the Dougherty Tunnel, that staff be authorized to record said agreement, and that Resolution No. 2003-102 be adopted to that effect. Motion approved on the following vote: AYES: Members: Hockett, Menesini, Boneysteele, Lucey NOES: Members: None ABSENT: Members: Nejedly 10. HUMAN RESOURCES a. RECEIVE AND CONSIDER IMPLEMENTATION OF SALARY SURVEY RESULTS MODIFYING SALARY RANGES FOR SIX MANAGEMENT POSITIONS AND ADOPT AMENDED JOB CLASSIFICATION DESCRIPTIONS Mr. Batts, General Manager, stated that as part of this year's negotiations with the District's Management Group, the Board agreed to perform a salary survey for the District managers. This is the first time such a complete survey has been done for the managers. Salary surveys were done for the Management Support/Confidential Group in 1996 and for Local One employees in 1999. Over the last five years, the District has eliminated one Department Director (Collection System Operations) position and three manager positions (Planning, Safety and Risk Management, and Plant Maintenance), as well as increased the overall responsibilities of almost every management position. This increased responsibility is reflected throughout the District as we have tried to become more efficient, cost conscious, and customer service oriented. The results of the salary survey have been provided to the Board Personnel Committee, the Management Group representatives, and the full Board. Based on the results of the review of current local market median and an internal equity analysis, salary increases are recommended for the positions of Human Resources Manager, Community Affairs Manager, Capital Projects Division Manager, Environmental Services Division Manager, Collection System Operations Division Manager, and Plant Operations Division Manager. In addition, modifications are recommended to the job classification descriptions for the positions of Community Affairs Manager including changing the title to Communication Services Manager, Controller, Director of Administration, Human Resources Manager, and Purchasing and Materials Manager. The survey recommendations, financial impact, and amended job classification descriptions have been provided to the Board and adoption is recommended. Member Menesini stated that this was reviewed thoroughly with the Personnel Committee, and he would recommend approval by the Board. It was moved by Member Menesini and seconded by Member Hockett, that the salary survey and recommendations of CPS Human Resource Services be adopted, approving the following changes in salary range effective September 18, 2003: 11 20 03 101 . Human Resources Manager from M37 ($6,609-$8,033) to M33 ($7,297-$8,870) Community Affairs Managers from M37 ($6,609-$8,033) to M35 ($6,944-$8,440) Capital Projects Division Manager from M26 ($8,673-$10,542) to M24 ($9,110- $11,073) Environmental Services Division Manager from M26 ($8,673-$10,542) to M24 ($9,110-$11,073) Collection System Operations Division Manager from M26 ($8,673-$10,542) to M24 ($9,110-$11,073) Plant Operations Division Manager from M26 ($8,673-$10,542) to M24 ($9,110- $11,073) . . . . . and that modified job classification descriptions be adopted for the positions of Director of Administration, Controller, Purchasing and Materials Manager, Human Resources Manager, and Community Affairs Manager. The motion was approved with President Pro Tem Lucey voting no and Member Nejedly being absent. b. ADOPT MODIFICATION TO JOB CLASSIFICATION DESCRIPTIONS AND SALARIES FOR BUYER AND MATERIALS COORDINATOR: ADOPT MODIFICATIONS TO SENIOR BUYER JOB CLASSIFICATION DESCRIPTION; ADD SENIOR MATERIALS COORDINATOR JOB CLASSIFICATION DESCRIPTION AND ESTABLISH SALARY: RECLASSIFY THREE EMPLOYEES Mr. Batts, General Manager, stated that with the vacancies in the Principal Buyer and Maintenance Coordinator positions, staff is proposing a reorganization of the Purchasing and Materials Services Division. It is recommended that the vacant Principal Buyer position be deleted and replaced with a Senior Buyer position; that the Buyer 1111 job classification descriptions be modified eliminating the personnel advancement series and replaced with Buyer and Senior Buyer job classification descriptions; that the current Buyer II Chris Newkirk be reclassified to Buyer; that the Maintenance Coordinator 1/11 personnel advancement series be eliminated and replaced with Maintenance Coordinator and Senior Maintenance Coordinator positions as described in the modified job classification descriptions; that recruitment to fill the vacant Maintenance Coordinator be done; and that Robert Maroon be reclassified from Maintenance Coordinator II to Maintenance Coordinator and that Greg Ziegler be reclassified from Maintenance Coordinator II to Senior Maintenance Coordinator to recognize additional buying duties. These changes will increase flexibility in assignments, reduce the number of job classification descriptions, and recognize Mr. Ziegler's assumption of duties outside his current job classification description. Ms. Joyce Murphy, Secretary of the District, distributed a memorandum from the Management Support/Confidential Group Executive Committee dated November 20, 2003, regarding Proposal to Eliminate the Principal Buyer Position/Purchasing Section Modifications. President Pro T em Lucey objected to receiving correspondence from employee organizations at this time, since it does not allow time for the Board to read and consider the information. President Pro Tem Lucey suggested that the Board take a five-minute recess to read the memorandum. President Pro Tem Lucey noted for the record that the Management Support/Confidential Group disagrees with the proposed reorganization of the Purchasing and Materials Services Division, and that this proposed reorganization was reviewed with the Board Personnel Committee. At 3:05 p.m., President Pro Tem Lucey declared a recess, reconvening at the hour of 3:12 p.m. with all parties present as previously designated. President Pro Tem Lucey stated that the Board has read the memorandum from the Management Support/Confidential Group. President Pro Tem Lucey stated that the proposed reorganization has been under consideration for some time, and the Department has worked hard on it. President Pro T em Lucey stated that he is prepared to move the recommendation. 11 20 03 102 It was moved by President Pro T em Lucey and seconded by Member Hockett, that the job classification descriptions and salaries for Buyer (G59, $4,039-$4,887), Materials Coordinator (G57, $3,854-$4,653), and Senior Materials Coordinator (G59, $4,039- $4,887) be adopted; that Chris Newkirk be reclassified to Buyer, that Robert Maroon be reclassified to Materials Coordinator, and that Greg Ziegler be reclassified to Senior Materials Coordinator; and that the modifications to the Senior Buyer job classification description be adopted. Discussion followed in which Member Menesini stated that after considering the criticism of the proposed action, he believes that the proposed reorganization is worth a trial and he must support management in that. Member Boneysteele stated that this appears to be negotiations, and he does not think it is appropriate to conduct negotiations in the Board Room. If this requires further negotiation. it should go through the formal negotiating process and come back to the Board with a recommendation from the District's negotiator and discussion in closed session as any other labor negotiations matter. Member Boneysteele stated, as he has said before, that he does not feel comfortable with give and take between the Board and a group of employees at a Board Meeting. Member Boneysteele stated that he does not want to reject this out of hand, but he does not want it to be given a very cursory review and then have the Board negotiate. President Pro Tem Lucey stated that he and Member Boneysteele have different opinions. President Pro Tem Lucey called for the question. The above motion was approved on the following roll call vote: AYES: Members: Lucey, Hockett, Menesini NOES: Members: None ABSENT: Members: Nejedly ABSTAIN: Members: Boneysteele Member Menesini thanked management for working on this reorganization and asked that it be closely scrutinized to ensure that it is efficient and effective. a. 11. CORRESPONDENCE RECEIVE LETTER DATED OCTOBER 31.2003 FROM MR. BOB WILCOX OF WALNUT CREEK. THANKING MR. BILL ECHOLS. FIELD OPERATIONS SUPERINTENDENT. FOR SAVING HIS MOTHER'S LIFE BY ADMINISTERING CPR Mr. Batts, General Manager, stated that as previously reported to the Board, Collection System Operations (CSO) Field Operations Superintendent Bill Echols recently saved the life of a woman by administering CPR. The District has received a very nice letter from the woman's son. The Board and staff applauded and commended Mr. Echols for his extraordinary actions, quick thinking, and courage. 12. APPROVAL OF MINUTES a. MINUTES OF OCTOBER 30. 2003 It was moved by Member Hockett and seconded by Member Menesini, that the minutes of the adjourned regular meeting of October 30, 2003 be approved as presented. There being no objection, the motion was approved with President Nejedly being absent. 11 20 03 103 13. APPROVAL OF EXPENDITURES EXPENDITURE LIST DATED NOVEMBER 6.2003 a. b. EXPENDITURE LIST DATED NOVEMBER 20. 2003 President Pro Tem Lucey stated that President Nejedly reviewed both the expenditure lists, and that he reviewed the Expenditure List dated November 20, 2003. Approval is recommended. It was moved by President Pro Tem Lucey and seconded by Member Boneysteele, that the Expenditure List dated November 6, 2003, including Self Insurance Check Nos. 102052-102054, Running Expense Check Nos. 147129-147377, and Sewer Construction Check Nos. 26112-26182, be approved as recommended; and that the Expenditure List dated November 20, 2003, including Self Insurance Check Nos. 102055-102057, Running Expense Check Nos. 147378-147586, Sewer Construction Check Nos. 26183-26238, Payroll Manual Check Nos. 48938-48940, and Payroll Regular Check Nos. 54811-54837, be approved as recommended. There being no objection, the motion was approved with President Nejedly being absent. a. 14. BUDGET AND FINANCE APPROVE THE COMPREHENSIVE ANNUAL FINANCIAL REPORT AS OF JUNE 30. 2003 FOR SUBMISSION TO THE GOVERNMENT FINANCE OFFICERS ASSOCIATION Mr. Batts, General Manager, stated that each year the Accounting Division prepares the District's Comprehensive Annual Financial Report (CAFR) for submission to the Government Finance Officers Association. The CAFR includes ten years of historical financial data. The report must meet strict requirements. The District has won the Certificate of Achievement for Excellence in Financial Reporting for the last three years. Staff is asking the Board to approve submission of the 2003 CAFR to the Government Finance Officers Association. It was moved by Member Menesini and seconded by President Pro Tem Lucey, the Comprehensive Annual Financial Report as of June 30, 2003 be approved for submission to the Government Finance Officers Association. There being no objection, the motion was approved with President Nejedly being absent. 15. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 16. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS An update on the Martinez gravity and force main system was requested at a future Board Meeting. Member Boneysteele requested that staff look into formalizing procedures for employee groups presenting information or appearing before the Board. Mr. Batts stated that the District's Memoranda of Understanding with the bargaining units define procedures for grievances and other labor relations matters. With regard to the Purchasing and Materials Services Division reorganization discussed earlier in the meeting, this was a meet and confer item. Staff met with both Local One and Management Support/Confidential Group (MS/CG) representatives. MS/CG chose to bring this matter to the Board. Staff would be glad to come back with a District policy requesting that information be provided to the Board earlier. In response to questions from President Pro Tem Lucey, Human Resources Manager Cathryn Freitas stated that staff did meet and confer with MS/CG. MS/CG was 11 20 03 104 adamant that they did not want the Principal Buyer position removed from their bargaining unit. Mr. Randall M. Musgraves, Director of Administration, stated that the Board is not required to negotiate this issue. The Board may choose to negotiate an issue or ask staff to meet and confer and come back with recommendations to the Board, but the Board is not required to do either since meet and confer has been satisfied. President Pro Tem Lucey thanked staff for the clarification. 17. CLOSED SESSION a. EXISTING LITIGATION The closed session was held to discuss existing litigation pursuant to Government Code Section 54956.9(a). The title of the litigation discussed was William Barclay and Sandra Barclay v. Mountain Cascade, Inc., Central Contra Costa Sanitary District, and Does 1 through 20, Contra Costa County Superior Court Case No. C03-00269. b. INITIATION OF LITIGATION The closed session to discuss initiation of litigation, one potential matter, pursuant to Government Code Section 54956.9(c), was not held. At 3:30 p.m., President Pro Tem Lucey declared the closed session to discuss existing litigation pursuant to Government Code Section 54956.9(a) as noted above. At 3:56 p.m., President Pro Tem Lucey concluded the closed session and reconvened the meeting into open session. 18. REPORT OF DISCUSSIONS IN CLOSED SESSION No decisions were made or votes taken in closed session which require reporting at this time. 19. ADJOURNMENT There being no further business to come before the Board, President Pro Tem Lucey adjourned the meeting at the hour of 3:56 p.m. President of the oard of Direct rs, Central Contra Costa Sanitary istrict, County of Contra Costa, State of California COUNTERSIGNED: 11 20 OI,G:) '~