Loading...
HomeMy WebLinkAboutBOARD MINUTES 08-04-11 MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON AUGUST 4, 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, August 4, 2011. President Hockett called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: McGill, Menesini, Williams, Hockett ABSENT: Members: Nejedly a. PLEDGE OF ALLEGIANCE TO THE FLAG The Board and staff joined in the Pledge of Allegiance. 2. PUBLIC COMMENTS None. 3. AWARDS AND COMMENDATIONS a. PRESENTATION OF ANNUAL ACHIEVEMENT OF EXCELLENCE IN PROCUREMENT AWARD FOR 2011 AWARDED BY THE NATIONAL PURCHASING INSTITUTE Purchasing & Materials Manager Stephanie King presented the award to the Board, which recognizes innovation, e-procurement, professionalism, productivity and leadership in public purchasing agencies. She stated that 2010 was the District's first year using the automated online bidding system, BidSync, which earned significant points toward earning the award and allowed for vendor registration and distributing solicitations online, sending automated e-mail notifications to vendors and creating automated bid tabulation reports. The District was also recognized for its comprehensive Purchasing & Materials Services policies and procedures. 4. CONSENT CALENDAR President Hackett stated that she had received a request to pull Item 4.i. from the Consent Calendar for separate consideration. Book 61- Page 44 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of August 4, 2011 It was moved by Member McGill and seconded by Member Williams to adopt the Consent Calendar Items 4.a. —4.h. and 4.1. —4.1. as recommended. Motion passed by the following vote of the Board: AYES: Members: McGill, Menesini, Williams, Hockett NOES: Members: None ABSENT: Members: Nejedly a. Approve minutes of the following Board meetings: 1) July 7, 2011; and 2) July 12, 2011. b. Approve expenditures dated August 4, 2011. Reviewed by Budget and Finance Committee. C. Receive June 2011 Financial Statements and Investment Reports. Reviewed by Budget and Finance Committee. d. Authorize a public notice that documentation used in the determination of the appropriations limit shall be available fifteen days prior to the Board meeting to be held on September 1, 2011, at which the appropriations limit for the Sewer Construction Fund (tax revenue plus interest) for the 2011-12 Fiscal Year will be established. Reviewed by Budget and Finance Committee. e. Approve the continuance of the Employee Computer Hardware Purchase Assistance Program effective August 4, 2011 for a one-year period. Reviewed by Budget and Finance Committee. f. Accept contract work for Standby Power Facility Improvements Project, District Project 7248, completed by C. Overaa & Company, and authorize filing of the Notice of Completion. g. Set September 1, 2011 at 2:00 p.m. as the date and time for a public hearing to consider an uncodified ordinance to adopt the 2011 edition of the District Standard Specifications for Design and Construction in accordance with District Code Section 9.08.010. h. Authorize medical leave of absence without pay for Administrative Assistant Alma Kadic from July 25, 2011 through October 25, 2011. i. Direct staff to secure the services of an arbitrator in accordance with the District's disciplinary procedure. j. Approve agreement with Meyers Nave for Edward L. Kreisberg, Esq. to provide labor negotiation and benefit services for the two-year period August 4, 2011 through August 3, 2013. Book 61- Page 45 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of August 4, 2019 k. Confirm publication of a summary of District Ordinance No. 266 adopting an uncodified Schedule of Sewer Service Charge Rates. 1. Confirm publication of a summary of uncodified District Ordinance No. 267 reinstating participation fees for the Connection Fee Deferral Program in the Schedule of Environmental and Development-Related Rates and Charges established by Ordinance No. 264. With regard to Item 4.i., President of Local One Public Employees Union David Rolley requested that the Board put the item on hold and instruct management to negotiate a more reasonable offer than a twenty-day suspension, which he equated to $8,000. He stated that the employee had some but not sole culpability in the matter and that the disciplinary action is out of line with his record and the remorse he has shown for the error. Though he was open to arbitration, Mr. Rolley encouraged the Board to settle in the interest of time and to guard against the possibility of discrimination charges. Vice President of Local One Public Employees Union Rick Hernandez stated that employees have voiced concern to him over a perceived pattern in which workers are disciplined for the result of decisions made above them, despite their protests to those decisions in some situations. He asked the Board to spread the suspension at hand among the worker, his manager and the General Manager in order to create a culture of accountability and responsibility he felt was lacking at the District. General Manager James Kelly suggested that, since the Board was being asked to make a decision with little information, the Board postpone the item to the September 1, 2011 Board meeting. Staff could provide background information, and labor counsel could be present at the meeting. Member McGill emphasized that the rules of the disciplinary process should be followed explicitly, with no exceptions made. It was moved by Member Williams and seconded by Member McGill to postpone Item 4.i. to the September 1, 2011 Board meeting. Motion passed by the following vote of the Board: AYES: Members: McGill, Menesini, Williams, Hockett NOES: Members: None ABSENT: Members: Nejedly 5. PUBLIC HEARINGS a. CONDUCT PUBLIC HEARING TO CONSIDER ADOPTING RESOLUTION 2011-030 DIRECTING THAT ADDITIONAL FISCAL YEAR 2011-12 ASSESSMENTS FOR ALHAMBRA VALLEY ASSESSMENT DISTRICTS AVADs AND OTHER FEE INSTALLMENT PAYMENT PROGRAMS BE PLACED ON THE CONTRA COSTA COUNTY TAX ROLL FOR COLLECTION Environmental Services Division Manager Curt Swanson stated that, on May 5, 2011, the Board approved 2011-2012 assessments for the County tax roll. Since that time, Book 61- Page 46 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of August 4, 2011 four homeowners have signed up for installment payments: three for septic tank conversions and one for participation in an existing AVAD. The public hearing was opened and closed without comment. It was moved by Member McGill and seconded by Member Williams to adopt Resolution No. 2011-030 directing that additional Fiscal Year 2011-12 assessments for Alhambra Valley Assessment Districts and other fee installment payment programs be placed on the Contra Costa County tax roll for collection. Motion passed by the following vote of the Board: AYES: Members: McGill, Menesini, Williams, Hockett NOES: Members: None ABSENT: Members: Nejedly 6. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Item 9.a. was considered out of order. 7. REPORTS a. GENERAL MANAGER 1) Update on Collection System Operations Department Facility District Project 8208 Member McGill requested that Item 9.a. be considered concurrently with this report. Senior Engineer Alex Rozul presented the regular construction progress update on the Collection System Operations Facility project. He showed photos of the construction and stated that the ongoing construction focus includes interior paint, tile and t-bar ceilings; mechanical, electrical and plumbing; elevator installation and various yard improvements. He stated that, while the scheduled completion date is November 16, 2011, staff hopes to finish the project by the end of October. Member McGill cautioned that the construction of the building should be done correctly, and staff should not schedule the ribbon-cutting ceremony too early. 2) Update on Contra Costa County Employees' Retirement Association (CCCERA) General Manager James Kelly reported that, during the upcoming CCCERA Board meeting on August 10, 2011 at 9:00 a.m., Chair Maria Theresa Viramontes will report to the Board on her and CCCERA staff's July 20, 2011 meeting with the District's Ad Hoc CCCERA Committee. Book 61- Page 47 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of August 4, 2011 3) Update on Pension reform legislation General Manager James Kelly reported that the legislature is out of session until August 14, 2011. 4) Review draft response to Grand Jury Report No 1105 — "Ethics and Transparency Issues in Contra Costa County" — General Manager James Kelly reported that the draft response to Grand Jury Report No. 1105 was included in the agenda packet. The Board did not propose any changes to the draft response. 5) Discuss event planning for Fall 2011 Ribbon-Cutting Ceremony for the Collection System Operations Department (CSOD) facility, District Pro'ect 8208 The Outreach Committee supported hosting two events at their May 25, 2011 meeting: one for the public elected officials and one for District staff. General Manager James Kelly reported that staff will reschedule the ribbon-cutting appropriately to allow time for proper completion of the building prior to the ceremony. 6) Announcements The following written announcements were included with the agenda packet: a) Margaret Orr to Attend California Association of Sanitation Agencies (CASA) Conference in San Diego from August 10 —August 13, 2011 b) Advertisement of the Primary Structures Demolition, District Project 7255 C) Margaret Orr Assigned to National Association of Clean Water Agencies (NACWA) Committee d) State Water Board Releases Whole Effluent Toxicity Policy that Changes Toxicity Assessments e) Recent Environmental Protection Agency (EPA) Plant Inspections The following additional written announcements were made at the meeting: 0 Sewer Service Charge (SSC) Levy Submitted to County Auditor-Controller g) Payment of Capacity Fees for Monsoon Masala h) Pipeline Newsletter Information Book 61- Page 48 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of August 4, 2011 b. COUNSEL FOR THE DISTRICT District Counsel Kent Alm announced Closed Session Items 14.a. and b. C. SECRETARY OF THE DISTRICT No reports. d. BOARD MEMBERS 1) Board Member reports on recent meetings for which they received the stipend: 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 Menesini Member Menesini thanked the Board and staff for messages he received in the memory of his wife, Barbara. Member Williams Member Williams reported on the July 7, 2011 Contra Costa Mayors' Conference, hosted by the City of Moraga, whose program centered upon the Stormwater Quality Funding Initiative, paying for improved water quality mandated by the Municipal Regional Permit. He also reported that he attended the National Association of Clean Water Agencies (NACWA) 2011 Summer Conference and 41St Annual Meeting. As the incoming President of NACWA, he presented the District with its thirteenth Peak Performance Platinum Award. He also reported that he has appointed Director of Plant Operations Margaret Orr as Co-chair of the Biosolids Committee. President Hockett President Hockett reported on the August 1, 2011 Budget and Finance Committee meeting in Member Nejedly's absence and summarized the Action Summary. The Board received the report without comments. 2) Announcements a) Member McGill provided a written report covering Announcements. Book 61- Page 49 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of August 4, 2011 8. EMERGENCY PREPAREDNESS a. ADOPT RESOLUTION 2011-031 ADOPTING VOLUME 1 AND CHAPTER 27 OF VOLUME 2 OF THE CONTRA COSTA COUNTY HAZARD MITIGATION PLAN Safety and Risk Management Administrator Shari Deutsch presented an overview of Volume 1 and Chapter 27 of Volume 2 of the Contra Costa County Hazard Mitigation Plan. Volume 1 contains elements that apply to the entire planning area and includes a description of the planning process, risk assessment, goals and objectives, review of alternatives and plan maintenance. Chapter 27 of Volume 2 is the District's Jurisdictional Annex. Ms. Deutsch stated that a Federal Emergency Management Agency (FEMA)-approved plan will likely become a requirement for post-disaster response and recovery funding and will grant eligibility for Hazard Mitigation Grants, FEMA's highest-priority program. She stated that the Plan is a result of a partnership with dozens of local agencies, in which the District participated as a steering committee member. With Board adoption of the Resolution adopting the documents, the District would submit the Plan to the California Emergency Management Agency (Cal EMA) and FEMA for approval, perform annual Plan maintenance duties, apply for grants where appropriate and update the plan in five years. Member McGill asked if the District would apply for FEMA grants based on the ongoing earthquake retrofit. Staff replied that the question would be researched and an answer provided to him. It was moved by Member Williams and seconded by Member McGill to adopt Resolution No. 2011-031 adopting Volume 1 and Chapter 27 of Volume 2 of the Contra Costa County Hazard Mitigation Plan. Motion passed by the following vote of the Board: AYES: Members: McGill, Menesini, Williams, Hockett NOES: Members: None ABSENT: Members: Nejedly b. REPORT ON DISTRICT'S EMERGENCY PREPAREDNESS PLAN Safety and Risk Management Administrator Shari Deutsch presented an overview of Emergency Management and the District-wide Emergency Plans: the Emergency Action Plan, Emergency Communications Plan and Emergency Operations Plan. Provisional Director of Collection System Operations Tad Pilecki presented an overview of Collection Systems Operations' (CSO) two emergency plans: Pumping Stations Emergency Response Plan (Pumping Stations) and Sewer System Overflow Response Plan (Field Operations). He stated that Field Operations and Pumping Stations conduct drills and outlined the details of their emergency, flood and earthquake precautions. He Book 61- Page 50 CENTRAL CONTRA COSTA SANITARYDISTRICT Board Minutes of August 4, 2011 listed upgrades made to the pumping stations, pertinent features of the new CSO facility and procedure for staff response to an emergency. Plant Operations Division Manager Randy Grieb presented an overview of the Treatment Plant emergency plans. He listed characteristics of the plant which anticipate flooding and earthquakes, outlined response plans and identified the tunnels and headworks as critical and at-risk areas. Member McGill encouraged staff to continue with and complete the seismic retrofit projects. 9. ENGINEERING a. AUTHORIZE GENERAL MANAGER TO APPROVE THE SUBSTITUTION OF JOSEPH BROTHERS ENTERPRISE INC. THE LISTED SUBCONTRACTOR WITH A DIFFERENT SUBCONTRACTOR IF NECESSARY TO COMPLETE THE DRYWALL INSTALLATION AND FINISH ON THE COLLECTION SYSTEM OPERATIONS DEPARTMENT (CSOD) ADMINISTRATION CREW AND WAREHOUSE FACILITY DISTRICT PROJECT 8208 It was moved by Member McGill and seconded by Member Williams to authorize the General Manager to approve the substitution of Joseph Brothers Enterprise, Inc., the listed subcontractor, with a different subcontractor, if necessary, to complete the drywall installation and finish on the Collection System Operations Department (CSOD) Administration, Crew and Warehouse Facility, District Project 8208. Motion passed by the following vote of the Board: AYES: Members: McGill, Menesini, Williams, Hockett NOES: Members: None ABSENT: Members: Nejedly b. ADOPT FOLLOWING RESOLUTIONS SUPPORTING GRANT APPLICATIONS TO THE U.S. BUREAU OF RECLAMATION FOR DEVELOPMENT OF FEASIBILITY STUDIES AND ASSOCIATED ENVIRONMENTAL COMPLIANCE DOCUMENTATION FOR THE PROJECTS LISTED BELOW: 1) RESOLUTION NO. 2011-032 - CCCSD — CONCORD RECYCLED WATER PROJECT 2) RESOLUTION NO. 2011-033 - CONTRA COSTA COUNTY REFINERY RECYCLED WATER PROJECT Member Williams stated that Contra Costa Water District (CCWD) has sidestepped their duties with recycled water, and CCCSD has allowed that to some extent. He described the merits of the refinery project and stated that he would like to pursue the grant, with the eventual plan of approaching CCWD to request financial participation. Without that Book 61- Page 51 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of August 4, 2011 endgame, he stated that he did not see the purpose of pursuing the money and continuing to enable CCWD. He stated that he would support the adoption of the resolutions, but asked that staff seek Board approval before pursuing work on the refinery project. Member McGill stated the need to continue to work with CCWD and proposed that the Recycled Water Committee review the project before the consideration of the full Board. He also suggested that staff send a note of thanks to Representative George Miller and his delegation in response to their August 3, 2011 press release entitled "Bay Area Water Recycling Gets Federal Funding Boost." He added that when anything arises of this nature, the District should show its appreciation. It was moved by Member McGill and seconded by Member Menesini to adopt the following resolutions supporting grant applications to the U.S. Bureau of Reclamation for development of feasibility studies and associated environmental compliance documentation for the projects listed below: 1) Resolution No. 2011-032 - CCCSD — Concord Recycled Water Project 2) Resolution No. 2011-033 - Contra Costa County Refinery Recycled Water Project Motion passed by the following vote of the Board: AYES: Members: McGill, Menesini, Williams, Hockett NOES: Members: None ABSENT: Members: Nejedly 10. HUMAN RESOURCES a. AMEND THE FISCAL YEAR 2011-12 STAFFING PLAN AS FOLLOWS: 1) ADD A NEW DEPUTY GENERAL MANAGER POSITION AND DESIGNATE DIRECTOR OF ENGINEERING ANN FARRELL AS THE DEPUTY GENERAL MANAGER This matter was reviewed by the Ad Hoc 2011-12 Succession Planning Committee. It was moved by Member McGill and seconded by President Hockett to amend the Fiscal Year 2011-12 Staffing Plan to add a new Deputy General Manager position and designate Ann Farrell as the Deputy General Manager, at her current salary level of M-20 as Director of Engineering. Motion passed by the following vote of the Board: Book 61- Page 52 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of August 4, 2011 AYES: Members: McGill, Menesini, Williams, Hockett NOES: Members: None ABSENT: Members: Nejedly 2) REPLACE THE ADMINISTRATIVE TECHNICIAN (G-56) POSITION IN THE ENGINEERING DEPARTMENT— CAPITAL PROJECTS DIVISION WITH AN ADMINISTRATIVE ASSISTANT (G-57) POSITION It was moved by Member McGill and seconded by Member Williams to amend the Fiscal Year 2011-12 Staffing Plan to replace the Administrative Technician (G-56) position in the Engineering Department— Capital Projects Division with an Administrative Assistant (G-57) position. Motion passed by the following vote of the Board: AYES: Members: McGill, Menesini, Williams, Hockett NOES: Members: None ABSENT: Members: Nejedly 11. BUDGET AND FINANCE a. ADOPT RESOLUTION 2011-034 AMENDING AND RESTATING THE 457 DEFERRED COMPENSATION PLAN TO INCLUDE NEW ROTH PROVISIONS This matter was reviewed and recommended for Board approval by the Budget and Finance Committee at its August 1, 2011 meeting. It was moved by Member Williams and seconded by Member McGill to adopt Resolution No. 2011-034 amending and restating the 457 Deferred Compensation Plan to include new Roth provisions. Motion passed by the following vote of the Board: AYES: Members: McGill, Menesini, Williams, Hockett NOES: Members: None ABSENT: Members: Nejedly 12. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 13. SUGGESTIONS FOR FUTURE AGENDA ITEMS Member McGill referenced a letter from Ms. Wendy Lack, a member of the public, requesting that labor agreements be posted on the District's website. He recalled Member Williams' suggestion to add Committee agendas and packets on the website and stated that the Outreach Committee should review the proposals concurrently, prior to possible Board Book 61- Page 53 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of August 4, 2011 consideration. He noted that, given how easy it is to obtain information in the current times, the District should post more information online. 14. CLOSED SESSION The Board recessed at 3:41 p.m. to reconvene in closed session in the Caucus Room regarding the following matters: a. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): • Gregory Village Partners, L.P. v. Chevron U.SA., Inc M B Enterprises and Central Contra Costa Sanitary District, U.S. District Court, Northern District of California, Case No. CV 11 1597 JCS. b. Personnel matter pursuant to Government Code Section 54957 — Performance Evaluation for General Manager. The Board recessed at 4:48 p.m, to reconvene in the Board Room in open session. 15. REPORT OUT OF CLOSED SESSION District Counsel Kent Alm reported that no action was taken in closed session. 16. ADJOURNMENT There being no further business to come before the Board, President Hockett adjourned the meeting at 4:50 p.m. Barbara D. Hockett President of the Board of Directors Central Contra Costa Sanitary District u0U1114TERSiGNED: County of Contra Costa, State of California Elaine R. Boehrne, CMC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Book 61- Page 54