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Home My WebLink AboutBOARD MINUTES 09-20-12MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON SEPTEMBER 20, 2012 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 20, 2012. President Nejedly called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Hockett, McGill, Menesini, Nejedly ABSENT: Members: Williams a. PLEDGE OF ALLEGIANCE TO THE FLAG The Board and staff joined in the Pledge of Allegiance. b. INTRODUCTIONS None. The Board welcomed the following new employees: Bill Bowers, Machinist in the Plant Operations Department; and Joseph Zumbo, Media Production Technician. 2. PUBLIC COMMENTS 3. POLLUTION PREVENTION a. ADOPT RESOLUTION 2012 -077 ENCOURAGING AND PROMOTING POLLUTION PREVENTION AND DECLARING SEPTEMBER 17-23,2012 AS POLLUTION PREVENTION WEEK Following a presentation by Assistant Engineer Melody LaBella, it was moved by Member Menesini and seconded by Member Hockett to adopt Resolution 2012 -077 declaring September 17 -23, 2012 as Pollution Prevention Week. Motion passed by the following vote of the Board. AYES: Members: Hockett, McGill, Menesini, Nejedly NOES: Members: None ABSENT: Members: Williams Book 62 — Page 39 I a f'i7 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of September 20, 2012 PRESENT 2012 POLLUTION PREVENTION AWARDS Following a presentation by Senior Environmental Compliance Inspector Colleen Henry, who provided background on each of the awardees, the 2012 Pollution Prevention Awards were presented to: • BW PROformance (automotive parts) • D &H Enterprises (automotive repair) • Randy's Mobile (general auto repair and vehicle maintenance services) • Systron Donner (manufacturing) 4. AWARDS AND COMMENDATIONS ADOPT RESOLUTION 2012 -078 COMMENDING TALKSICS TOASTMASTERS CLUB #6718 ON ITS 25 TH ANNIVERSARY Provisional Environmental Services Division Manager Jarred Miyamoto -Mills announced the 25th anniversary of the Talksics Toastmasters Club. More than 60 District employees have participated in or continue to be involved in the organization since District sponsorship began in 1987, receiving training in effective public speaking and leadership. As a service to the community, the Club is open to outside members, as well as District employees. Currently there are 15 members, 7 of whom are District employees. He noted that Vice President of Membership Deborah Hill and Educational Vice President Russ Leavitt were present representing the Club. It was moved by Member Hockett and seconded by Member Menesini to adopt Resolution 2012 -078, recognizing the Talksics Toastmasters 25th Anniversary. Motion passed by the following vote of the Board: AYES: Members: Hockett, McGill, Menesini, Nejedly NOES: Members: None ABSENT: Members: Williams RECEIVE ACHIEVEMENT OF EXCELLENCE IN PROCUREMENT (AEP) AWARD FOR 2012 FROM THE NATIONAL PROCUREMENT INSTITUTE, INC. Purchasing and Materials Manager Stephanie King presented the Achievement of Excellence in Procurement (AEP) Award for 2012 to President Nejedly on behalf of the District. She said the Purchasing and Materials Services Division recently received the award from National Procurement Institute, Inc. in recognition of organizational excellence in procurement by measuring attributes such as innovation, professionalism, e- procurement, productivity, and leadership in the public purchasing profession. She thanked and recognized her staff for their dedication and thanked the Board Members for their continued support. Book 62 — Page 40 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of September 20, 2012 5. CONSENT CALENDAR a. Approve minutes of Special Board meeting held August 23, 2012. b. Approve expenditures dated September 20, 2012. Reviewed by Budget and Finance Committee. C. Receive July 2012 Financial Statements and Investment Reports. Reviewed by Budget and Finance Committee. d. Authorize extension of medical leave of absence without pay for Administrative Assistant Alma Hachey through December 17, 2012. Reviewed by Human Resources Committee. e. Authorize medical leave of absence without pay for Maintenance Crew Member II Shawn Bitle through December 17, 2012. Reviewed by Human Resources Committee. Set November 15, 2012 at 2:00 p.m. as the date and time for public hearing to receive comments on the Final Environmental Impact Report (EIR) on District Annexation 168C — Alhambra Valley Outside Urban Limit Line annexation. g. Authorize the General Manager to execute an amendment to increase the cost ceiling of an existing professional services agreement with Federal Advocates by $30,000, from $100,000 to $130,000, to advocate for Federal funding for the Contra Costa County Refinery Recycled Water Project. h. Approve extension through December 31, 2012 of contract for legal services with Kenton L. Alm, Esq. and associates with the law firm of Meyers, Nave, Riback, Silver & Wilson, due to expire on September 30, 2012, with the provision that the contract will then extend on a month -to -month basis as necessary at that time until further Board action. None. It was moved by Member McGill and seconded by Member Hockett to adopt the Consent Calendar as recommended. Motion passed by the following vote of the Board: AYES: Members: Hockett, McGill, Menesini, Nejedly NOES: Members: None ABSENT: Members: Williams 6. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Book 62 — Page 41 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of September 20, 2012 7. PUBLIC HEARINGS a. HOLD PUBLIC HEARING TO CONSIDER ADOPTING RESOLUTION 2012 -079 FINDING THAT, IN ACCORDANCE WITH CALIFORNIA PUBLIC CONTRACT CODE SECTION 7201, THE SEISMIC IMPROVEMENTS FOR THE HEADQUARTERS OFFICE BUILDING (HOB), DISTRICT PROJECT 8226 ARE SUBSTANTIALLY COMPLEX TO JUSTIFY INCREASING THE CONTRACT RETENTION AMOUNT FROM 5 PERCENT TO 10 PERCENT. Provisional Capital Projects Division Manager Andrew Antkowiak explained that as of January 1, 2012, new legislation went into effect which reduced the maximum retention on a construction contract from 10 percent to 5 percent. The legislation, which sunsets January 1, 2016, was adopted to provide financial relief to contractors and subcontractors during these challenging economic times. However, he noted that a public agency may increase the retention amount on a specific project by holding a public hearing and making a finding that the project is sufficiently complex to justify an increased retention. Staff believes that the Seismic Improvements for the HOB, District Project 8226, are sufficiently complex to justify a 10 percent retention. He summarized the complexities of the project, as more fully explained in the position paper. The public hearing was opened and closed without comment. It was moved by Member Hockett and seconded by Member Menesini to adopt Resolution 2012 -079 increasing the contract retention for the HOB Seismic Improvements, District Project 8226, and found that the project is substantially complex to justify increasing said retention amount from 5 percent to 10 percent, in accordance with California Public Contract Code Section 7201. Motion passed by the following vote of the Board. AYES: Members: Hockett, McGill, Menesini NOES: Members: Nejedly ABSENT: Members: Williams 8. REPORTS a. GENERAL MANAGER 1) Announcements The following written announcements were included with the agenda packet: a) David Reindl, Senior Engineer in the Plant Operations Department retired on September 14, 2012 Book 62 — Page 42 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of September 20, 2012 b) Attendance by Associate Engineer Don Berger at the Water Reuse Symposium in Hollywood, Florida, Sept 9 -12, 2012 c) Employees to Attend Water Environment Federation Technical Exhibition and Conference (WEFTEC) in New Orleans, Louisiana, September 29 — October 3, 2012 d) Rescission of Cleanup and Abatement Order — Bollinger Canyon Road, San Ramon General Manager Ann Farrell reported that rescission of the abatement order means the District no longer has to monitor the wells that were developed for this project. e) Update on Agreement with Property Owners on La Espiral Drive, Orinda b. COUNSEL FOR THE DISTRICT No reports. C. SECRETARY OF THE DISTRICT 1) Review draft Board Calendar for 2013 Secretary of the District Elaine Boehme stated that the Board received the draft 2013 Board Calendar in the Board Binder. Member McGill expressed a desire to have two Board meetings in August and President Nejedly concurred. Members Hockett and Menesini said they had no opinion on the subject, so staff was directed to schedule two Board meeting in August. 2) Upcoming Committee meeting Secretary of the District Elaine Boehme announced that a meeting of the Recycled Water Committee had been scheduled for September 25, 2012. 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 Book 62 — Page 43 None. None. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of September 20, 2012 Member Hockett Member Hockett reported on the September 11 -12, 2012 California Association of Sanitation Agencies (CASA) Executive Board Meetings. Member Hockett and Member Williams reported on the September 14, 2012 Human Resources Committee meeting and summarized the Action Summary. The Board received the report without comment. Member McGill Member McGill reported on the September 6, 2012 Contra Costa Council reception with County District II Supervisor Candace Andersen in Alamo. Member McGill and President Nejedly reported on the September 17, 2012 Budget and Finance Committee meeting and summarized the Action Summary. The Board received the report without comment. Member McGill also reported on the September 20, 2012 Industrial Association of Contra Costa County (IACC) Forum in Pittsburg, featuring speaker John Ulrich, Executive Director of the Chemical Industry Council of California and co -chair of the Green Chemistry Alliance, who presented an overview of "Green Chemistry" regulation and steps being taken to implement the legislation passed in 2008. 2) Announcements Member McGill provided a written report covering Announcements. 9. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 10. SUGGESTIONS FOR FUTURE AGENDA ITEMS 11. CLOSED SESSION The Board recessed at 2:43 p.m. to reconvene in the Caucus Room in closed session regarding the following matters: a. Conference with labor negotiators pursuant to Government Code Section 54957.6: Book 62 — Page 44 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of September 20, 2012 District Negotiators: • Labor Negotiation and Benefits Counsel Edward L. Kreisberg, Esq. • General Manager Ann Farrell • Director of Collection System Operations Curtis Swanson • Human Resources Manager Teji O'Malley • Secretary of the District Elaine Boehme Employee Organizations: • Employees' Association, Public Employees Union, Local One • Management Support/Confidential Group (MS /CG) • Management Group b. Personnel Matters pursuant to Government Code Section 54957 — Performance Evaluations for Secretary of the District, General Manager, and Counsel for the District. The Board recessed at 4:05 p.m. to reconvene in the Board Room in open session. No reports. 12. REPORT OUT OF CLOSED SESSION 13. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned the meeting at 4:05 p.m. Ja s A. Nejedly 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 Centrai Contra Costa Sanitary District County of Contra Costa, State of California Book 62 — Page 45