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Home My WebLink About12/18/2008 AGENDA1l Central Contra Costa District 5019 Imhoff Place, Martinez, CA 94553 -4392 (925) 228-9500 • www.centralsamorg BOARD MEETING AGENDA BOARD OF DIRECTORS: GERALD R. LUCFY President BARBARA D. HOCKE77' President Pro Tem MICHAEL R. McGILL MARIO M. MENESINI Board Room JAMES A. NLIEDLY Thursday December 18, 2008 2:00 p.m. INFORMATION FOR THE PUBLIC Anyone wishing to address the Board of Directors should complete a speaker's card and submit it to the Secretary of the District. In addressing the Board, speakers should step to the podium and state their names and address for the record. The Board President may direct questions to any member of the audience as appropriate at any time during the meeting. All matters listed under the CONSENT CALENDAR are considered to be routine by the Board of Directors and will be enacted by one motion. There will be no separate discussion of these items unless requested by a Member of the Board of Directors or the public prior to the time the Board votes on the motion to adopt. ADDRESSING THE BOARD ON AN ITEM ON THE AGENDA Persons wishing to speak on PUBLIC HEARINGS and OTHER MATTERS listed on the agenda will be heard when the President calls for comments from the audience, except on public hearing items previously heard and closed to public comment. The President 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 the Board for discussion and action. There is no further comment permitted from the audience unless invited by the Board. ADDRESSING THE BOARD ON AN ITEM NOT ON THE AGENDA In accordance with state law, the Board is prohibited from discussing items not calendared on the agenda. You may address the Board on any items not 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 agenda items are available for public review at the Reception, 5019 Imhoff Place, Martinez. Reports of information relating to agenda items distributed within 72 hours of the meeting to a majority of the Board are also available for public inspection at the Reception. During the meeting, information and supporting materials are available in the Board 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 48 hours in advance of the meeting at (925) 229 -7303. rs i� Recycled Paper December 18, 2008 Board Agenda Page 2 1. ROLL CALL: a. Pledge of Allegiance to the Flag. b. Introductions. • Recognize Michelle Edwards on her appointment to Plant Operator Trainee. Staff Recommendation: Recognize newly appointed trainee. 2. PUBLIC COMMENTS: 3. CONSENT CALENDAR: Staff Recommendation (Motion Required): Adopt the Consent Calendar as recommended. a. Approve expenditures dated December 18, 2008. Reviewed by Budget and Finance Committee. b. Approve minutes of November 20, 2008 Board Meeting. C. Adopt resolutions accepting grants of easements (District Project 4985 - Parcels R -23, R -29, R -31) and authorizing execution of quitclaim deeds (District Project 4985 - Parcels 23, 29, 31) to property owners in the Ruth Drive and Harriet Drive Neighborhood, Pleasant Hill, and authorize staff to record documents with the Contra Costa County Recorder. d. Adopt a resolution of application requesting that Contra Costa LAFCO initiate proceedings to annex two annexation areas to the Central Contra Costa Sanitary District (District Annexation 168C.1). e. Adopt arbitrator's recommendation to deny the appeal of the Union in the disciplinary matter of Source Control Inspector II Kiley Kinnon. f. Authorize extension of medical leave of absence without pay for Utility Worker Maralee Davi through March 31, 2009. g. Authorize extension of medical leave of absence without pay for Instrument Technician Kevin Kendall through March 31, 2009. 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER: December 18, 2008 Board Agenda Page 3 5. REPORTS: a. General Manager 1) Request from City of Orinda to operate a city -owned Pumping Station. (5 minute staff presentation.) Staff Recommendation: Receive the reports. 2) Announcements Staff Recommendation: Receive the announcements. b. Counsel for the District 1) Report on AB 811: Creekside Oaks AVAD. (5 minute Counsel presentation.) Staff Recommendation: Receive the report. C. Secretary of the District d. Board Members 1) Board Member reports on future meetings or conferences for which they will receive the stipend or for which the District will pay their expenses. 2) Board Member reports on recent meetings for which they received the stipend. a) December 8, 2008 Ad Hoc Pharmaceutical /Sharps Committee Meeting - Members Nejedly and Hockett. b) December 9, 2008 Outreach Committee Meeting - President Lucey and Member Menesini. C) December 10, 2008 Recycled Water Committee Meeting - Members McGill and Hockett. d) December 15, 2008 Budget and Finance Committee Meeting - Members McGill and Nejedly. Staff Recommendation: Receive the reports. December 18, 2008 Board Agenda Page 4 3) Board Member reports on recent meetings or conferences for which the District paid their expenses. a) December 4, 2008 Contra Costa County Mayors' Conference Meeting - Member McGill. Staff Recommendation: Receive the reports. 4) Receive proposed 2009 Board Committee Assignments — President -Elect Nejedly. Staff Recommendation: Receive proposed Committee assignments. 5) Announcements. Staff Recommendation: Receive the announcements. BREAK: (Approximately 4 p.m.) 6. ADMINISTRATIVE: a. Reject two claims for damages by Matthew Parkinen regarding a temporary construction easement and trespassing and property damage at 26 Wanda Way, Martinez, California from a District sewer project. (No presentation is planned; staff will be available to answer questions.) Staff Recommendation (Motion Required): Reject two claims for damages by Matthew Parkinen regarding a temporary construction easement and trespassing and property damage at 26 Wanda Way, Martinez, California from a District sewer project. 7. HUMAN RESOURCES: a. Adopt Diversity Statement. (5 minute staff presentation.) Staff Recommendation (Motion Required): Adopt Diversity Statement. 8. EMERGENCY SITUATIONS REQUIRING BOARD ACTION: a. Receive report on emergency declared on November 13, 2008 and authorize the General Manager under Public Contract Code 22050(1)(b) to continue with emergency repairs on the creek crossing near Mosswood Drive in Lafayette by K. J. Woods Construction, if work has not been completed. December 18, 2008 Board Agenda Page 5 Staff Recommendation (Motion Required): Receive report and continue authorization for emergency repairs by a 415th vote of the Board. 9. ANNOUNCEMENTS /SUGGESTIONS FOR FUTURE AGENDA ITEMS: 10. CLOSED SESSION: a. Conference with labor negotiators pursuant to Government Code Section 54957.6: District Negotiators: Director of Administration Randall Musgraves, Human Resources Manager Cathryn Freitas, Secretary of the District Elaine Boehme Employee Organizations: Employees' Association, Public Employees' Union, Local One; CCCSD Management Support /Confidential Group (MS /CG); CCCSD Management Group. b. Conference with Legal Counsel - existing litigation pursuant to Government Code Section 54956.9(a) • James L. Talada III and Melody LaBella v. Central Contra Costa Sanitary District, et al. - Civil Action Case No. C08 -2771. Daniel and Eileen Scanlon v. Kandi Kaufman, et al; Lorraine Kaufman v. Daniel Scanlan, et al - Cross - Complaint - Contra Costa County Superior Court Case No. C06- 01976. Central Contra Costa Sanitary District v. KB Homes - Contra Costa County Superior Court Case No. CIVMSC08- 02892. C. Conference with Legal Counsel - Anticipated Litigation - significant exposure to litigation pursuant to Government Code Section 54956(b). • One potential case. 11. REPORT OUT OF CLOSED SESSION: 12. ADJOURNMENT: December 18, 2008 Board Agenda Page 6 CENTRAL CONTRA COSTA SANITARY DISTRICT BOARD CALENDAR DATE /TIME MEETING /ATTENDEES LOCATION DECEMBER 2008 Monday Budget and Finance Committee Meeting Third Floor Executive Conference Room December 15 McGill, Nejedly 3:00 p.m. Thursday Board Meeting Board Room December 18 Board of Directors 2:00 p.m. JANUARY 2009 Wednesday Recycled Water Committee Meeting Third Floor Executive Conference Room January 7 3:00 p.m. Monday Budget and Finance Committee Meeting Third Floor Executive Conference Room January 12 3:00 p.m. Thursday Board Meeting Board Room January 15 Board of Directors 2:00 p.m. January 21 -24 California Association of Sanitation Agencies Indian Wells, California (CASA) Conference Thursday Board Workshop - Financial Planning Board Room January 29 Board of Directors 2:00 p.m. Unless otherwise noted, all meetings are held at the District Office, 5019 Imhoff Place, Martinez, California. 12/5/08