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HomeMy WebLinkAboutBOARD MINUTES 07-21-11 MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JULY 21, 2011 The Board of Directors of the Central Contra Costa Sanitary District convened in a regular meeting in the Board Room, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on Thursday, July 21, 2011_ President Hockett called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: McGill, Nejedly, Hockett ABSENT: Members: Menesini, Williams a. PLEDGE OF ALLEGIANCE TO THE FLAG The Board and staff joined in the Pledge of Allegiance. 2. PUBLIC COMMENTS There were no public comments. 3. CONSENT CALENDAR It was moved by Member McGill and seconded by Member Nejedly to adopt the Consent Calendar as recommended. Motion passed by the following vote of the Board: AYES: Members: McGill, Nejedly, Hockett NOES: Members: None ABSENT: Members: Menesini, Williams a. Approve expenditures dated July 21, 2011. Reviewed by Budget and Finance Committee. b. Adopt Resolution No. 2011-027 accepting a grant of easement from Contra Costa County for property located at the intersection of Waterbird Way and Waterfront Road in unincorporated Martinez (District Project 5410 — Parcel 1), and adopt Resolution No. 2011-028 authorizing the execution of a quitclaim deed to Contra Costa County (District Project 1380— Parcel 20), and authorize staff to record the documents with the Contra r Costa County Recorder. �- C. Adopt Resolution No. 2011-029 authorizing execution and recording of a "Consent to Common Use Agreement" with Contra Costa Water District for an easement over 2500 Book 61- Page 37 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 21, 2011 Dean Lesher Drive in unincorporated Concord owned by Gonsalves & Santucci, Inc. (APN 159-040-093; Job 3656 — Parcel 1), and authorize staff to record the document with the Contra Costa County Recorder. d. Deny claim for damages submitted by Louis Pimentel. Reviewed by Budget and Finance Committee. 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 5. REPORTS a. GENERAL MANAGER 1) Update on Collection System Operations Facility, District Project 8208 Senior Engineer Alex Rozul presented the regular construction progress update on the Collection System Operations Facility by showing recent photos of the project. The focus continues to be on the building, including interior painting, mechanical, electrical and plumbing work. Initial work has begun on installing the elevator. Exterior concrete work has been completed and asphalt paving and landscaping are in the final stages. 2) Update on pension reform legislation The Board acknowledged receipt of the report in the agenda packet. 3) Announcements The following written announcements were included with the agenda packet: a) District Receives Achievement of Excellence in Procurement Award for 2011 awarded by the National Purchasing Institute b) Staff to Attend California Water Environmental Association (CWEA) of Northern Regional Training Conference in Redding, CA from September 21 to 23, 2011 c) Sewer Relocation on Carol Lane in Lafayette The following additional written announcements were distributed at the meeting: d) National Pollutant Discharge Elimination System (NPDES) Fees Likely to Double under FY 2011-12 State Budget Book 61 - Page 36 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 21, 2011 e) Potential Federal Bureau of Reclamation Title XVI Grant Funding LlGeneral Manager James Kelly also announced that a recent annual inspection of the new Novato Sanitary District treatment plant by an Environmental Protection Agency contractor yielded five violations. While all violations were later deemed to be non-violations and subsequently rescinded, this occurrence could portend a new trend in plant inspections that could affect the District's NPDES permit inspections in the coming months. Mr. Kelly wanted the Board to be aware of this and said a more detailed announcement will be provided at a future meeting. b. COUNSEL FOR THE DISTRICT In addition to the written reported contained in the agenda packet, District Counsel Kent Alm distributed a copy of the final Judgment dismissing the District from the following litigation: Nellie Freeman v. Central Contra Costa Sanita District, Contra Costa County Superior Court Case No. C10-01142. While the court's ruling authorized the District to seek court costs, it would be at the court's discretion to award attorneys' fees. Given that an award of fees is unlikely, Mr. Alm said no further action is planned. Mr. Alm reported that the Regional Water Quality Control Board has provided the District with a courtesy copy of a letter to Chevron, property owners and prior operators of the drycleaners on the site adjacent to the Gregory Village Shopping Center in Pleasant Hill asking them to submit a work plan in August with regard to doing additional work in defining the lateral and vertical extent of the chlorinated hydrocarbons and petroleum hydrocarbons attributed to that site. The District is not required to do anything. Mr. Alm also announced the two closed session Items 9.a. and 9.b. C. SECRETARY OF THE DISTRICT No reports. d. BOARD MEMBERS 1) Board Member reports on recent meetings for which they received the sti end and meetings or conferences for which the District paid their expenses; future meetings or conferences for which they will receive the stipend or for which the District will pay their expenses Member McGill Member McGill reported on the July 7, 2011 Contra Costa Mayors' Conference hosted by the City of Moraga featuring a program on the Stormwater Quality Funding Initiative — paying for improved water quality mandated by the Municipal Regional Permit. Book 61 - Page 39 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 21, 2011 Member McGill reported on the July 8, 2011 meeting with 11th District Assembly Member Susan Bonilla where she provided a Sacramento update. Member McGill reported on the Contra Costa Special Districts Association meeting held July 18, 2011. Member Neiedl Member Nejedly and President Hockett reported on the July 18, 2011 Budget and Finance Committee meeting and summarized the Action Summary. The Board received the report without comment. Member Nejedly and Member McGill reported on the July 20, 2011 Ad Hoc Contra Costa County Employees' Retirement Association (CCCERA) Committee meeting during which the Committee members met with representatives of the CCCERA Board to discuss items of concern by the District. Member Nejedly said he believed the CCCERA Board listened to the Committee. Member McGill added that the CCCERA Board is expected to discuss the matters raised by the Committee at its August 10, 2011 Board meeting. President Hockett President Hockett reported on the July 7, 2011 Contra Costa Mayors' Conference hosted by the City of Moraga featuring a program on the Stormwater Quality Funding Initiative — paying for improved water quality mandated by the Municipal Regional Permit. 2) Announcements Member McGill provided a written report covering Announcements. 6. HUMAN RESOURCES a. AUTHORIZE OVERFILLING A FIELD OPERATIONS SUPERINTENDENT WITH A SENIOR ENGINEER IN COLLECTION SYSTEM OPERATIONS DEPARTMENT. REVIEWED BY AD HOC 2011-12 SUCCESSION PLANNING COMMITTEE. President Hockett noted that she had two speaker cards, one each from employees Rick Hernandez and Leo Gonzalez. She gave each of them three minutes to comment. Mr. Hernandez, Senior Right of Way Agent and Vice President of Public Employees Union, Local One, referred to a letter he had provided to the Board earlier in the day, expressing his concerns with Items 6.a. through 6.c. With regard to Item 6.a., he said he has spoken with various employees in the Collection System Operations Department (CSOD) who believe that overfilling a Field Operations Superintendent (FOS) position with a Senior Engineer will limit the promotional opportunities for current employees. Book 61 - Page 40 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 21, 2011 Traditionally, FOS positions have been filled by crew leaders and maintenance supervisors, who will now have their promotional opportunities limited. Additionally, it appeared to him authorization was being requested to bypass the normal recruitment processes at the District. With regard to Item 6.a., CSOD Pumping Stations Supervisor Leo Gonzalez, said he would be greatly disappointed if an opportunity to be promoted to FOS were eliminated. In response to a question from Member Nejedly, Provisional Director of Collection System Operations Tad Pilecki said passage of AB 340 is expected to lead to the retirement of one and possibly two FOS's. This was seen as an opportunity to evaluate the current organizational structure of the CSOD to see if it matches the District's future needs. General Manager James Kelly said staff has looked at two issues with respect to CSOD: (1) whether the new project management and technical skills necessary at CSOD can be overfilled by someone from the Engineering Department, and (2) whether CSOD can operate effectively with two FOS's versus three. As to the first issue, he said staff believes that such skills are necessary and available. As to the second, he said the answer will become clear once the reorganization has had an opportunity to be tested; taking the steps to overfill the FOS position at this time will help answer that question. Member McGill said he was comfortable with the proposed overfilling. President Hockett called upon Bill Echols, FOS in charge of Field Operations, to comment on the matter. Mr. Echols said he agreed with the proposal because he has seen an increasing need for someone in the CSOD with more technical and project management skills. CSOD staff has been relying on the District's very busy Engineering Department for assistance in many areas. Having someone dedicated to CSOD to assist in that regard would be beneficial in his opinion. It was moved by Member McGill and seconded by Member Hockett to overfill a Field Operations Superintendent position with a Senior Engineer position in CSOD as proposed. Motion passed by the following vote of the Board: AYES: Members: McGill, Hackett NOES: Members: Nejedly ABSENT: Members: Menesini, Williams b. AUTHORIZE OVERFILLING THE PLANT OPERATIONS DIVISION MANAGER AND SENIOR ENGINEER POSITIONS IN PLANT OPERATIONS DEPARTMENT (POD). REVIEWED BY AD HOC 2011-12 SUCCESSION PLANNING COMMITTEE. General Manager James Kelly explained that it is expected that the incumbent Plant Operations Division Manager and incumbent Senior Engineer in the Plant Operations Department (POD) will be retiring in the coming months. The Senior Engineer will retire in either August or December. If in August, he said he would expect the position to be overfilled with a provisional employee so he or she could learn the position as much as Book 61 - Page 41 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 21, 2011 possible. If in December, it is expected that a regular recruitment would take place. The proposal before the Board is to authorize overfilling both positions, if necessary, to provide a transfer of knowledge before those retirements occur. Mr. Hernandez said that if these positions need to be filled, he would request that they be recruited for in the normal course thereby allowing the process to be open and competitive. He said provisional appointments are problematic because they avoid the recruitment process and diminish employee morale. Mr. Kelly said provisional appointments are allowed under Title 4 of the District Code and they are used routinely. The intention would be to provide a transfer of knowledge while the recruitment is conducted as set forth in the Memorandum of Understanding. It was moved by Member McGill and seconded by Member Hockett to authorize overfilling the Plant Operations Division Manatger and Senior Engineer positions in POD. Motion passed by the following vote of the Board: AYES: Members: McGill, Nejedly, Hockett NOES: Members: None ABSENT: Members: Menesini, Williams C. AMEND THE FISCAL YEAR 2011-12 STAFFING PLAN BY REPLACING THE PROCESS CONTROL ENGINEER POSITION WITH A SENIOR ENGINEER POSITION IN PLANT OPERATIONS DEPARTMENT POD General Manager James Kelly noted that a Process Control Engineer position is vacant because the previous incumbent has become the new POD Chief Operator. Replacing this position with a Senior Engineer will provide greater staff flexibility and allow POD staff to begin focusing on a number of different succession planning, training and asset management initiatives. It was moved by Member McGill and seconded by Member Hockett to amend the Fiscal Year 2011-12 Staffing Plan by replacing the Process Control Engineer position with a Senior Engineer position in the Plant Operations Department. Motion passed by the following vote of the Board: AYES: Members: McGill, Hockett NOES: Members: Nejedly ABSENT: Members: Menesini, Williams 7. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. Book 61 - Page 42 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 21, 2011 8. SUGGESTIONS FOR FUTURE AGENDA ITEMS None. 9. CLOSED SESSION The Board recessed at 12:40 p.m. to reconvene in the Caucus Room in closed session to confer with Legal Counsel regarding the following matters: a. Conference with Legal Counsel —Anticipated Litigation — significant exposure to litigation pursuant to Government Code Section 54956.9(b) —one potential case: • Ernie Guerrero b. Personnel matter pursuant to Government Code Section 54957 — Performance Evaluation for General Manager. The Board recessed at 3:19 p.m. to reconvene in the Board Room in open session. 10. REPORT OUT OF CLOSED SESSION District Counsel Kent Alm stated that no reportable action was taken in closed session with respect to either Item 9.a. or 9.b. 11. ADJOURNMENT There being no further business to come before the Board, President Hockett adjourned the meeting at 3:20 p.m. in memory of Board Member Mario Menesini's spouse, Barbara Menesini, who passed away on July 8, 2011. BarTara D. Hockett President of the Board of Directors Central Contra Costa Sanitary District COUNTERSIGNED: County of Contra Costa, State of California Elaine R. Boehme, CMC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Book 61 - Page 43