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HomeMy WebLinkAbout03.a. Approve minutes of September 15, 2011 Board meeting.MINUTES OF THE REGULAR MEETING • �` OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON SEPTEMBER 15, 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, September 15, 2011. President Hockett called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: McGill, Menesini, Nejedly, Williams, Hockett ABSENT: Members: None 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. AWARDS AND COMMENDATIONS a. ACCEPT CALIFORNIA ASSOCIATION OF LOCAL AGENCY FORMATION COMMISSIONS (CALAFCo) 2011 GOVERNMENT LEADERSHIP AWARD Principal Engineer Jarred Miyamoto -Mills introduced Lou Ann Texeira, Executive Director of Contra Costa Local Area Formation Commission (LAFCo) who attended the meeting on behalf of both CALAFCo and Contra Costa LAFCo. In presenting the prestigious 2011 CALAFCo Government Leadership Award to President Hockett on behalf of the District, she noted that such awards are presented to a decision - making body at the city, county, special district, regional or state level which has furthered good government efforts in California. Ms. Texeira said the Awards Committee was very impressed with the District's innovative boundary clean -up program, including the community outreach aspect of the program and the use of student interns. She said the District's novel approach exemplifies the essence of LAFCo in that it promotes efficiency, effectiveness and good service. The District has been an active partner with the community and LAFCo, and its program serves as a model for other local agencies. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of September 15, 2011 4. POLLUTION PREVENTION a. PRESENT 2011 POLLUTION PREVENTION AWARDS Following a presentation by Senior Environmental Compliance Inspector Colleen Henry, who provided background on each of the awardees, the 2011 Pollution Prevention Awards were presented to: • APT Water (private water treatment) • Captain Vineyards LLC • Concord Termite Control • Hamlin Cleaners No representative from Hamlin Cleaners was able to attend. b. OTHER POLLUTION PREVENTION MATTERS 1) Adopt Resolution 2011 -055 encouraging and promoting pollution prevention and declaring September 19 - 25, 2011 Pollution Prevention Week Following a presentation by Assistant Engineer Melody LaBella, it was moved by Member Menesini and seconded by Member McGill to adopt Resolution 2011 -055 declaring September 19 - 25, 2011 as Pollution Prevention Week. Motion passed by unanimous vote of the Board. 2) Adopt Integrated Pest Management (IPM) Policy Assistant Engineer Melody LaBella explained that IPM is a science -based strategy and decision - making process that combines the use of physical, cultural, biological and chemical control methods to effectively manage pests while minimizing risk to both humans and the environment. While the District has been utilizing IPM for some time, adopting an IPM policy will require staff and various contractors to comply with the policy guidelines. An IPM coordinator will be designated to oversee implementation of the policy and an IPM committee comprised of internal representatives will need to be created, but Ms. LaBella said no staff will be added with adoption of this policy. While the draft IPM policy was recently reviewed by the Budget and Finance Committee, no Board recommendation was made. Member Williams said he was supportive of the proposed IPM policy; however, he noted that the IPM policy document was a blend of both policy and procedures. He would prefer that the policy be separated from the procedures because the policy is the only item falling under the Board's purview; procedures are the responsibility of staff. He requested a list of the District's existing policies and proposed that, moving forward, whether it be adopting new policies or periodically updating existing policies, only policies be presented to the Board for consideration, leaving procedural guidelines to staff. 2 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of September 15, 2011 Member Nejedly was not in favor of adopting an IPM policy. He said the District has been using IPM effectively for a number of years without it being mandated by government regulations or an internal policy. Furthermore, while staff does not envision adding employees as a result of adopting the policy, he said that may not hold true over the long term. President Hockett said she agreed in concept with the proposed IPM policy, particularly as it relates directly to the District's stated mission and goals. She said she viewed adoption of the policy as a means of formalizing the District's current practices and intended to vote in favor of its adoption. President Hockett also expressed agreement with Member Williams' suggestion to separate policies from procedures. It was moved by Member Menesini and seconded by Member McGill to adopt the IPM Policy as recommended. Motion passed by the following vote of the Board: AYES: Members: McGill, Menesini, Williams, Hockett NOES: Members: Nejedly ABSENT: Members: None 5. CONSENT CALENDAR It was moved by Member McGill and seconded by Member Menesini to adopt the Consent Calendar as recommended. Motion passed by unanimous vote of the Board. a. Approve expenditures dated September 15, 2011. Reviewed by Budget and Finance Committee. b. Receive July 2011 Financial Statements and Investment Reports. Reviewed by Budget and Finance Committee. C. Adopt revised job classification description for Plant Operations Division Manager. d. Adopt revised job classification description for Chemist 1 /II. e. Direct staff to secure the services of an arbitrator (re POD Shift Scheduling grievance) in accordance with the District's Memorandum of Understanding (MOU). None. Authorize the General Manager to extend the Household Hazardous Waste agreement with the City of San Ramon through December 2, 2011. Reviewed by Household Hazardous Waste Committee. 6. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER 3 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of September 15, 2011 7. 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 project. He showed recent photos of the construction and noted that a delay has been encountered with delivery of the interior countertops. Temporary countertops are being installed in the meantime. With regard to the recent break -in over the Labor Day Weekend, no materials were stolen, but a water spigot that had been installed temporarily for water testing was left open causing water damage to the drywall in the mezzanine area and the warehouse. In response to a question from Member Nejedly, Mr. Rozul stated that the contractor was responsible for the water and break -in damage and was taking care of all repairs. 2) Update on Contra Costa County Employees' Retirement Association (CCCERA) General Manager James Kelly noted that the September 7, 2011 meeting of the CCCERA Board included a report by its investment advisors indicating that CCCERA's investments earned 23.5 percent during the first quarter of 2011 and 1.8 percent for the second quarter. In response to a question from Member McGill as to how those returns compare with the District's investment returns, Director of Administration Randall Musgraves said the District's returns are much lower due to constraints placed upon the District's investments. Overall, however, the District remains ahead of most agencies in its return on investments. 3) Update on pension reform legislation The Board acknowledged receipt of the report in the agenda packet and the pension reform legislation update in the General Manager Additional Written Announcement distributed at the Board meeting. That announcement indicated that legislative action on the two pending pension reform measures, Senate Bill 340 and Assembly Bill 27, has been tabled until next year. General Manager James Kelly noted that because of this fact, and the fact that several other pension reform initiatives are also being circulated, Governor Brown may try to form a legislative coalition as a means of passing some meaningful pension reform. 4) Review background of strategic planning and results of recent staff strategic planning workshop General Manager James Kelly briefly reviewed the District's history and background relative to strategic planning going back to 1993. He then explained the schedule with regard to the upcoming Board strategic planning workshop to !1 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of September 15, 2011 be held on November 3, 2011. All Board Members will be interviewed individually on September 20, 2011 by consultant Marilyn Manning who will ask each Board Member the same set of questions. The results of those interviews will be provided to the Board prior to the November Td workshop so the Board Members will have a good sense of each other's priorities. During the closed session of the October 6, 2011 Board meeting, there will be a discussion on labor negotiations facilitated by the District's labor relations and benefits consultant Edward Kreisberg, Esq. because some of the strategic planning areas encompass labor negotiation issues. Once the November 3rd workshop has taken place and staff has received guidance from the Board, an updated strategic plan will be put into place. The Board Members expressed agreement with this approach. 5) Announcements The following written announcements were included with the agenda packet: a) District Recent Staff Promotions b) Federal Emergency Management Agency Earthquake Retrofit Grant Program The following additional written announcements were distributed at the meeting: c) Pension Reform Measures AB 340 and SB 27 d) Environmental Protection Agency Denies National Association of Clean Water Agencies ( NACWA) Administrative Requests on the Final 129 Sewer Sludge Incinerator (SSI) Rule In response to a question from Member McGill as to what this denial means to the District in the short term, General Manager James Kelly stated that Director of Plant Operations Margaret Orr, as one of the co- chairs of NACWA's Biosolids Committee, will be actively working to minimize the impact of the SSI rule. Additionally, the District is participating in the coalition of NACWA member agencies to finance legal challenges to the final SSI rule. e) State Water Resources Control Board (SWRCB) Raising Rates for National Pollutant Discharge Elimination System (NPDES) Permit f) St. Mary's College Non - Compliance Issues g) Draft Response to Grand Jury Report No. 1010 — Pension Spiking: Who Really Gets Stuck? General Manager James Kelly referred to a draft supplemental response to the District's previous response to the Contra Costa Grand Jury Report 5 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of September 15, 2011 No. 1010 which had been distributed to the Board Members immediately prior to the meeting. The Board did not propose any changes to the draft response. b. COUNSEL FOR THE DISTRICT District Counsel Kent Alm noted that a report was given previously to the Board regarding the changing environment in terms of plant inspections by the Environmental Protection Agency (EPA) and to inform the Board about an incident at the Novato Sanitary District. In that instance, EPA inspectors found a number of matters they deemed violations and rated the plant unsatisfactory. Subsequently, the EPA withdrew all violations and upgraded the plant rating. Mr. Alm said there was nothing new to report, although there could be some fallout or decisions made over the next couple of months, in which case he will report back to the Board. A brief discussion took place with regard to efforts being made by the District to be prepared in the event a similar inspection occurred here. General Manager James Kelly stated that a mock audit of the plant is nearly complete and plans are underway for a "refresher" presentation by District Counsel as to what such an audit /inspection might look like, how employees should respond, and what rights District employees have under such circumstances. Member McGill asked Member Williams if he was aware of any mock quality control /peer reviews performed by the publicly -owned treatment works (POTW) community when circumstances like this have arisen in the past. Member Williams recalled a peer review effort some years ago that was very broad in scope, encompassing financing, emergency operations, capital projects, etc. He said this specific issue would probably best be handled through the Bay Area Clean Water Agencies (BACWA). 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 paV their expenses Member McGill Member McGill and Member Menesini reported on the September 13, 2011 Household Hazardous Waste Committee meeting and summarized the Action Summary. The Board received the report without comment. 0 2) CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of September 15, 2011 Member Nejedly Member Nejedly and President Hockett reported on the September 12, 2011 Budget and Finance Committee meeting and summarized the Action Summary. The Board received the report without comment. Member Williams Member Williams reported on the September 1, 2011 Contra Costa Mayors' Conference hosted by the City of El Cerrito featuring Contra Costa County District Attorney Mark Peterson who spoke regarding changes made since his swearing in and priorities /challenges prosecuting crime in difficult economic times. Also, a report was made by the Contra Costa County Hazardous Materials Commission regarding recommendations for improving the management of household hazardous wastes in Contra Costa County. Announcements Member McGill provided a written report covering Announcements. 8. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A THREE -YEAR CONTRACT WITH ACME FILL CORPORATION THROUGH SEPTEMBER 30, 2014 REGARDING THE ACCEPTANCE OF TREATED LANDFILL LEACHATE FROM THE ACME LANDFILL LOCATED IN MARTINEZ, CALIFORNIA; OR EXTEND THE EXISTING CONTRACT FOR ONE MONTH THROUGH OCTOBER 31. 2011 General Manager James Kelly stated that the District has accepted pretreated landfill leachate from Acme Fill Corporation since the early 1990s, and through permit contracts since 1994. The current Permit Contract, which expires September 30, 2011, establishes standards that Acme must meet in order to protect the District's operation from potential adverse impacts from the leachate treatment plant. In addition, the standards establish documentation that enables the District to demonstrate compliance with the federal pretreatment regulations as they apply to controlling the Acme leachate discharges. The proposed Permit Contract maintains the protections in the previous Permit Contract, addresses certain changes requested by Acme to reduce its compliance costs, and incorporates modifications in response to the recent Powered Activated Carbon study. District staff believes these changes are acceptable and do not significantly increase the risk to its facilities from the Acme discharge. Acme representatives have expressed concern about the increased monitoring costs associated with the high resolution analytical methods for PCBs and dioxin compounds. While Mr. Kelly said he had hoped the contract terms would be finalized by the time of this meeting, negotiations are still ongoing. That being the case, it would be appropriate for the Board to consider 7 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of September 15, 2011 authorizing extension of the existing Permit Contract for one month, through October 31, 2011, and reviewing the matter again once negotiations with Acme have been completed. It was moved by Member Nejedly and seconded by Member McGill to authorize the General Manager to extend the existing Permit Contract with Acme Fill Corporation for one month through October 31, 2011. Motion passed by unanimous vote of the Board. 9. HUMAN RESOURCES a. ADOPT RESOLUTION 2011 -056 APPOINTING CHRISTOPHER KO AS HUMAN RESOURCES MANAGER EFFECTIVE SEPTEMBER 16, 2011 It was moved by Member Williams and seconded by Member Nejedly to adopt Resolution 2011 -056 appointing Christopher Ko as Human Resources Manager, Pay Range M -33 ($8,881.64 - $10,795.72), effective September 16, 2011. Motion passed by unanimous vote of the Board. b. ADOPT RESOLUTION 2011 -057 APPOINTING CURTIS W. SWANSON AS DIRECTOR OF COLLECTION SYSTEM OPERATIONS EFFECTIVE SEPTEMBER 16, 2011 None. None. It was moved by Member Menesini and seconded by Member Nejedly to adopt Resolution 2011 -057 appointing Curtis W. Swanson as Director of Collection System Operations, Pay Range M -20 ($12,233.19 - $15,452.13), effective September 16, 2011. Motion passed by unanimous vote of the Board. 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 11. SUGGESTIONS FOR FUTURE AGENDA ITEM 12. CLOSED SESSION The Board recessed at 3:03 p.m. to reconvene in the Caucus Room in closed session to confer with Legal Counsel regarding the following matters: CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of September 15, 2011 a. PERSONNEL MATTER PURSUANT TO GOVERNMENT CODE SECTION 54957 — PERFORMANCE EVALUATION OF GENERAL MANAGER The Board recessed at 3:43 p.m. to reconvene in the Board Room in open session. PORT OUT OF CLOSED SESSION District Counsel Kent Alm stated that no reportable action was taken in closed session. 14. ADJOURNMENT There being no further business to come before the Board, President Hockett adjourned the meeting at 3:43 p.m. Barbara D. Hockett President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CIVIC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California E