HomeMy WebLinkAbout03.a.1) Approve minutes of December 6, 2012 Regular Board meeting3.A•1)
MINUTES OF THE REGULAR MEETING
OF THE DISTRICT BOARD OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD ON DECEMBER 6, 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, December 6, 2012.
President Nejedly called the meeting to order and requested that the Secretary call roll.
1. ROLL CALL
PRESENT: Members: Hockett, McGill, Menesini, Williams, Nejedly
ABSENT: Members: None
a. PLEDGE OF ALLEGIANCE TO THE FLAG
The Board and staff joined in the Pledge of Allegiance.
b. INTRODUCTIONS
The Board welcomed Environmental Services Division Manager Danea Gemmell.
2. PUBLIC COMMENTS
District Counsel Kent Alm announced that the Management Support / Confidential Group
(MS /CG) had re -voted to accept the District's proposed contract. He noted that the Board
as currently constituted has been involved in the negotiations, and, at the next Board
meeting, the newly- inaugurated Members will not have had the benefit of that background.
He stated the need to add the following two urgency items to the agenda by 4/5 vote,
noting that the action on the items needed to be taken before the next Board Meeting:
a. Conference with labor negotiators pursuant to Government Code Section 54957.6:
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
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Board Minutes of December 6, 2012
b. Adopt Memorandum of Understanding (MOU) between the District and Management
Support/Confidential Group (MS /CG) effective April 18, 2012 through December 17,
2017.
It was moved by Member Menesini and seconded by Member Hockett to add the two
urgency items to the agenda, finding that they arose after the 72 -hour agenda posting
deadline and needed to be concluded prior to the next scheduled meeting. Motion passed
by unanimous vote of the Board.
Principal Engineer Jarred Miyamoto -Mills made remarks regarding his approaching
retirement, thanked the Board and staff, and described his achievements over his 32 years
with the District.
Mr. Paul Adler, a Lafayette resident, thanked the Collection System Operations (CSO) crew
for their quick response to the sinkhole which occurred over the previous weekend on
Mountain View Drive in Lafayette.
Mr. E.J. Shalaby, General Manager of West County Wastewater District (WCWD), and Mr.
Alfred Granzella, WCWD Board Secretary, presented resolutions of commendation to
Members Hockett and Menesini.
Mr. Stan Caldwell, Board Member of Mt. View Sanitary District, presented a resolution
honoring Member Menesini.
Ms. Gayle Larson, representing Assemblywoman Joan Buchanan, presented certificates to
Members Hockett and Menesini. She thanked the outgoing Board Members for their
service and congratulated Members -Elect Causey and Pilecki on their election.
Mr. Don Gaube of Alamo Group, LLC, representing 24 investors in Caffe Classico Foods
(CCF) in Concord, stated that he conducted an investigation, which he claimed found that
prior owner of CCF Tom Heffernan and Plant Manager Ken Weiss engaged in illegal
practices against the District. He asked the Board to take action against CCF's alleged
activities. General Manager Ann Farrell stated that staff will consider Mr. Gaube's request,
and the item will be placed on a future Board meeting agenda for discussion.
The following members of the public spoke in support of the proposed CoCo San
Sustainable Farm:
Andrew Duncan, New Leaf
Ashley Baughman, New Leaf
Rachel Lipman, New Leaf
Michael Duncan, New Leaf
Briar Lawson, New Leaf
Jenisse Persaud, New Leaf
Isaac Ramos, New Leaf
Lorena Castillo, New Leaf
Rona Zollinger, New Leaf and Contra Costa County Teacher of the Year
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Board Minutes of December 6, 2012
Daniel Safran, resident of Pleasant Hill
Larry Sly, Food Bank of Contra Costa and Solano
Greg Enholm, Contra Costa Community College Trustee Elect
Vicki Gordon, Contra Costa County Community College Trustee Elect
Sarah Butler, Orinda School District Trustee Elect
Bethalynn Black, Diablo Valley College and Contra Costa Resource Conservation
District Board Member
Cindy Gershen, owner of Sunrise Bistro in Walnut Creek, founder of Wellness City
Challenge, and teacher of Food for a Healthy Community and Sustainable Tourism
at Mount Diablo High School
Following the Public Comment period, the Board recessed at 2:58 p.m. to reconvene in
closed session in the Caucus Room to consider the first added urgency item to the agenda.
The Board recessed at 3:31 p.m. to reconvene in the Board Room in open session.
District Counsel Kent Alm reported that the document entitled "CCCSD / MS /CG 2012
MOU Negotiations District Counter - Proposal to MS /CG," signed by lead negotiators
Edward L. Kreisberg, Esq. and Tim Potter, contains the terms that were formally approved
by MS /CG.
It was moved by Member Hockett and seconded by Member McGill to adopt the terms of
the Memorandum of Understanding (MOU) between the District and Management
Support/Confidential Group (MS /CG), effective April 18, 2012 through December 17, 2017.
Motion passed by the following vote of the Board:
AYES: Members: Hockett, McGill, Menesini, Nejedly
NOES: Members: Williams
ABSTAIN: Members: None
Member Williams explained that the Board's proposal assumed that pension legislation was
moving forward, and now that the bill, which was a key component of the District's
proposal, has been legally challenged and its future unknown, he believed that entering in
the 5.5 -year contract seemed imprudent.
3. CONSENT CALENDAR
a. Approve minutes of Board meetings held on the following dates: November 1, 2012
(Special) and November 1,-2012 (Regular).
b. Approve expenditures dated December 6, 2012. Reviewed by Budget and Finance
Committee.
C. Receive October 2012 Financial Statements and Investment Reports. Reviewed by
Budget and Finance Committee.
CENTRAL CONTRA COSTA SANITARY DISTRICT
Board Minutes of December 6, 2012
d. Approve the Comprehensive Annual Financial Report (CAFR) as of June 30, 2012
for submission to the Government Finance Officers Association. Reviewed by
Budget and Finance Committee.
e. Adopt Resolution 2012 -094 as required by the County of Contra Costa updating the
names of those individuals, the General Manager and the Finance Manager,
authorized on behalf of the District to participate in the State of California Local
Agency Investment Fund (LAIF); and rescinding Resolution 77 -55 and Resolution
86 -079.
f. Approve renewal of contract for labor and employment - related legal services with
Hanson Bridgett LLP and principal counsel W. Daniel Clinton for the period
beginning January 1, 2013 through December 31, 2014, with an option to renew the
contract for an additional year through December 31, 2015. Approval recommended
by the Ad Hoc Committee on Legal Services.
g. Adopt Resolution of Application 2012 -095 requesting that Contra Costa Local
Agency Formation Commission (LAFCO) initiate proceedings to amend the District's
mutual Sphere of Influence (SOI) with Mt. View Sanitary District in one area of
incorporated Martinez (District Reorganization 182), including the finding that the
Sphere of Influence change proposed for each affected property within District
Reorganization Area 182 -2 is exempt from California Environmental Quality Act
(CEQA) under District CEQA Guidelines Section 15319.
h. Adopt Resolution 2012 -096 authorizing the President of the Board of Directors and
the Secretary of the District to execute a Stormwater Management Facilities
Operations and Maintenance Agreement with the City of Walnut Creek related to the
District's Collection System Operations (CSO) Facility located at 1250 Springbrook
Road in Walnut Creek; and authorizing staff to record the Agreement with the Contra
Costa County Recorder.
i. Authorize extension of medical leave of absence without pay for Maintenance Crew
Member II Shawn Bitle through June 17, 2013.
j. Authorize extension of medical leave of absence without pay for Engineering
Technician II Ann McGlibery through January 10, 2013.
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.
4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
None.
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Board Minutes of December 6, 2012
5. HUMAN RESOURCES
ADOPT THE FOLLOWING"MID -YEAR STAFFING PLAN ADJUSTMENTS:
a. Delete a vacant Director of Administration position (M20, $12,233 - $15,452), vacant
Director of Engineering position (M20, $12,233 - $15,452), vacant Director of
Collection System Operations position (M20, $12,233 - $15,452), and vacant Director
of Plant Operations position (M20, $12,233 - $15,452); adopt changes to job
classification of Director of Operations; and add and authorize the filling of Director
of Operations position (M20, $12,233- $15,452). Approval recommended by Human
Resources Committee. Continued from November 15, 2012.
b. Adopt Resolution 2012 -097 appointing Curtis W. Swanson as Director of Operations
(M20, $12,233 - $15,452), effective December 6, 2012. Approval recommended by
Human Resources Committee. Continued from November 15, 2012.
C. Establish the job classification of Regulatory Compliance Division Manager (M24,
$11,087- $13,476), add a Regulatory Compliance Division Manager position, and
authorize the filling of the position. Approval recommended by Human Resources
Committee. Continued from November 15, 2012.
d. Adopt changes to job classification of Assistant to the Secretary of the District and
revise the salary range from Salary Grade S60 ($5,057- $6,115) to S62 ($5,304-
$6,416). Approval recommended by Human Resources Committee. Continued from
November 15, 2012.
e. Delete a vacant Pumping Stations Supervisor position (S75, $7,232 - $8,754), and
add and authorize the filling of two Pumping Stations Operator III positions (G70,
$6,391 - $7,732). Approval recommended by Human Resources Committee.
Continued from November 15, 2012.
f. Delete a vacant Plant Operations Trainer position (S79, $7,948 - $9,609), abolish the
job classification of Plant Operations Trainer, and add and authorize the filling of a
Shift Supervisor position (S76, $7,402 - $8,963). Approval recommended by Human
Resources Committee. Continued from November 15, 2012.
g. Adopt changes to job classification of Maintenance Planner. Approval
recommended by Human Resources Committee. Continued from November 15,
2012.
h. Delete a vacant Information Systems Specialist position (G64, $5,539- $6,702), retitle
the Network Coordinator job classification to "Systems Administrator," retitle the
Network Technician job classification to "Technical Support Analyst," and add and
authorize the filling of one System Administrator position (G70, $6,391 - $7,732).
Approval recommended by Human Resources Committee.
Delete a vacant Electrical Technician position (G69, $6,239 - $7,544), establish the
job classification of Plant Operations Training Coordinator (G68, $6,089 - $7,369),
CENTRAL CONTRA COSTA SANITARY DISTRICT
Board Minutes of December 6, 2012
add a Plant Operations Training Coordinator position, authorize the filling of the
position. Approval recommended by Human Resources Committee.
General Manager Ann Farrell stated that, at its October 30, 2012 meeting, the Human
Resources Committee discussed the proposed changes and recommended them for Board
approval. These mid -year staffing adjustments were requested as a result of recent
retirements and the changing needs of the organization. If approved, they would save the
District approximately $250,000 per year.
Member McGill requested that the item be tabled, pending further review by the Human
Resources Committee. The Chair of the Human Resources Committee, Member Hockett,
noted that she was vacating the Board and, therefore, did not think it responsible for her to
defer it a second time. Member Williams of the Human Resources Committee proposed to
adopt certain items and table others as follows.
It was moved by Member Williams and seconded by Member Hockett to adopt Items 5.b. -d.
and g. as recommended and table the remaining items, pending further review by the
Human Resources Committee, as amended by Member McGill. Motion passed by
unanimous vote of the Board.
6. BIDS AND AWARDS
a. APPROVE THE FOLLOWING ACTIONS IN CONNECTION WITH SEISMIC
IMPROVEMENTS FOR THE HEADQUARTERS OFFICE BUILDING (HOB),
DISTRICT PROJECT 8226:
1) Award a construction contract in the amount of $2,807,151 to D. L. Falk
Construction, Inc., the lowest responsive and responsible bidder; find that the
project is exempt from California Environmental Quality Act (CEQA); and
authorize the General Manager to execute the contract documents subject to
submittal requirements;
2) Authorize the General Manager to execute an amendment in the amount of
$75,000 to an existing professional services agreement with KPFF Consulting
Engineers for construction support, increasing the cost ceiling to $485,103;
3) Authorize the General Manager to execute an amendment in the amount of
$30,000 to an existing professional services agreement with Calpo Hom &
Dong Architects for construction support, increasing the cost ceiling to
$92,860;
4) Authorize the General Manager to execute an amendment in the additional
amount of $130,000 to an existing professional services agreement with
Xerox Corporation for additional services during staff relocation;
5) Authorize the General Manager to execute a technical services agreement
with Kleinfelder in an amount not to exceed $100,000 for inspection services;
CENTRAL CONTRA COSTA SANITARY DISTRICT
Board Minutes of December 6, 2012
6) Authorize the General Manager to execute a technical services agreement
with Harvest Technical Services, Inc. in an amount not to exceed $150,000 to
supplement District staff inspections;
7) Authorize the General Manager to execute a lease agreement for additional
office space with NUCP Fund I, LLC, c/o Thomas Properties, 3100 Oak Road,
Suite 140 in Walnut Creek for relocation of certain office staff during
construction; and
8) Approve a supplemental authorization of $1,000,000 for the General
Improvements Program of the Capital Improvement Budget.
It was moved by Member McGill and seconded by Member Hockett to approve
actions 1) through 8) as recommended. Motion passed by the following vote of the
Board:
AYES: Members: Hockett, McGill, Menesini, Williams
NOES: Members: Nejedly
ABSTAIN: Members: None
President Nejedly stated his concern with the high price of the consulting contracts, noting
that the cost of the project appears to him to be significant, given the current economic
climate.
7. REPORTS
a. GENERAL MANAGER
1) Announcements
The following written announcements were included with the agenda packet:
a) Recent Promotion of Tri Nguyen to Senior Chemist, effective
November 13, 2012
b) Temporary Hiring Back of Retirees
c) Public Bidding for Fire Protection System Improvements, District
Project 7283
d) Public Bidding for Bay 5 Workroom Remodeling at 4737 Imhoff Place,
District Project 8224A
CENTRAL CONTRA COSTA SANITARY DISTRICT
Board Minutes of December 6, 2012
2) Wet Weather Report
Provisional Field Operations Superintendent Dante Marchetti described 3
rainfall events that occurred between November 28 and December 2, 2012.
On Mountain View Drive in Lafayette, the road, sewer and water mains were
washed out, and 2,800 gallons spilled into the creek until a temporary bypass
sewer could be installed. On Tarabrook Drive in Orinda, a storm drain
created a. sinkhole and damaged a sewer; however, no overflow occurred.
There were no capacity- related or pumping station overflows, and the on -call
crew responded to 22 service calls.
Provisional Plant Maintenance Manager Dave Robbins stated that, with over
4.5 inches of rainfall between November 30 and December 2, the peak event
instantaneous flow was 185 million gallons per day (MGD), with a 24 -hour
peak flow of over 110 MGD on Sunday, December 2 "d, and a total flow of 71
MGD bypassed to basins. Staff reported a 5 -hour leak to the Regional Water
Quality Control Board (RWQCB) of 12,000 gallons of final effluent overflow
from an outfall manhole, resulting from steel bolt theft.
b. COUNSEL FOR THE DISTRICT
None.
C. SECRETARY OF THE DISTRICT
None.
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 District for its support of him and his fellow
Board Members over his 20 years with the District.
Member McGill
Member McGill and President Nejedly reported on the December 3, 2012
Budget and Finance Committee meeting and summarized the Action
Summary. The Board received the report without comment.
Member McGill also reported on the November 1, 2012 Contra Costa County
Mayors Conference hosted by the City of San Ramon, featuring Linda Best,
President and Chief Executive Officer of Contra Costa Council, speaking on
None.
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Board Minutes of December 6, 2012
the topic of Contra Costa County — A Blueprint for Growth; the November 8,
2012 League of California Cities, East Bay Division, LLC End -of -Year General
Membership Meeting featuring speaker Lisa Vorderbrueggen of Bay Area
News Group on 2012 Election Results; and the December 3 through
December 6, 2012 California Public Employers Labor Relations Association
(CALPELRA) Annual Conference in Monterey.
2) Announcements
Member McGill provided a written report covering Announcements. He noted
that he would be absent for the December 20, 2012 meeting and may
teleconference for a portion, if not all, of the meeting. Since it was too late to
place an item on the agenda to obtain Board approval, as mandated by the
Board's Teleconferencing Policy, President Nejedly confirmed he had
authorized Member McGill's participation via teleconference.
8. EMERGENCY SITUATIONS REQUIRING BOARD ACTION
9. SUGGESTIONS FOR FUTURE AGENDA ITEMS
Member McGill requested that an item be placed on a future agenda for the Board to
consider adopting parliamentary procedures.
10. ADMINISTRATIVE MATTERS FOLLOWING NOVEMBER 6 2012
CONSOLIDATED ELECTION
a. ADOPT RESOLUTION 2012 -098 ACCEPTING THE NOVEMBER 6, 2012
CONSOLIDATED ELECTION RESULTS.
It was moved by Member Williams and seconded by Member Hockett to adopt
Resolution 2012 -098 accepting the November 6, 2012 Consolidated Election
Results. Motion passed by unanimous vote of the Board.
b. APPOINT PRESIDENT AND PRESIDENT PRO TEM FOR ONE -YEAR TERMS
COMMENCING JANUARY 1, 2013.
It was moved by Member Williams and Member Menesini to appoint President
Nejedly as President for another one -year term commencing January 1, 2013.
Motion passed by the following vote of the Board:
AYES: Members: Hockett, McGill, Menesini, Williams
NOES: Members: None
ABSTAIN: Members: Nejedly
CENTRAL CONTRA COSTA SANITARY DISTRICT
Board Minutes of December 6, 2012
It was moved by Member Menesini to appoint Member McGill as President Pro Tern
for a one -year term commencing January 1, 2013. Motion died for lack of a second.
It was moved by Member Hockett and seconded by President Nejedly to appoint
Member Williams as President Pro Tern for another one -year term commencing
January 1, 2013. Motion passed by the following vote of the Board:
AYES: Members: Hockett, McGill, Menesini, Nejedly
NOES: Members: None
ABSTAIN: Members: Williams
C. ADOPT RESOLUTION 2012 -099 RECOGNIZING OUTGOING BOARD MEMBER
BARBARA D. HOCKETT'S FOR 20 YEARS OF SERVICE.
Member Hockett expressed her best wishes and gratitude to staff for its hard work in
allowing the District to maintain its solid reputation.
It was moved by Member Williams and seconded by Member Menesini to adopt
Resolution 2012 -099 recognizing outgoing Board Member Barbara D. Hockett for 20
years of service. Motion passed by unanimous vote of the Board.
d. ADMINISTER OATH OF OFFICE TO NEWLY- ELECTED BOARD MEMBERS TAD
J. PILECKI, PAUL H. CAUSEY, AND RE- ELECTED BOARD MEMBER JAMES A.
NEJEDLY.
Board Members Paul H. Causey, James A. Nejedly, and Tad J. Pilecki took the Oath
of Office, administered by Secretary of the District Elaine Boehme.
11. ADJOURNMENT
There being no further business to come before the Board, President Nejedly adjourned the
meeting at 4:10 p.m., followed by Reception in the Multi Purpose Room to welcome Board
Members Paul H. Causey, James A. Nejedly, and Tad J. Pilecki.
James A. Nejedly
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
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CENTRAL CONTRA COSTA SANITARY DISTRICT
Board Minutes of December 6, 2012
COUNTERSIGNED:
Elaine R. Boehme, CIVIC
Secretary of the District
Central Contra Costa Sanitary District
County of Contra Costa, State of California
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