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HomeMy WebLinkAboutBOARD MINUTES 11-21-13MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON NOVEMBER 21, 2013 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, November 21, 2013. President Nejedly called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Causey, McGill, Pilecki, Williams, Nejedly 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. RECEIVE DISTRICT TRANSPARENCY CERTIFICATE OF EXCELLENCE FROM THE CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) LEADERSHIP FOUNDATION Mr. Stanley R. Caldwell, President of the California Special Districts Association (CSDA) Board of Directors and Vice President of the Mt. View Sanitary District Board of Directors, presented the CSDA Special Leadership Foundation District Transparency Certificate of Excellence to the Board, for its efforts to promote transparency and good governance. The District was one of only a few in Contra Costa County to have received the award so far, and it met eight requirements to do so, including holding ethics trainings and open and public meetings, publicly filing financial transactions and records, posting information online, and performing public outreach. Mr. Caldwell stated that the certificate was a testament to the great work done by the District, and he added that Assemblywoman Joan Buchanan has extended her thanks to the District for its efforts. Member McGill complimented staff on compiling the comprehensive application. Book 63 — Page 9 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of November 21, 2013 4. CONSENT CALENDAR a. Approve minutes of Board meetings held on the following dates: October 17, 2013 and October 22, 2013. b. Approve expenditures dated November 21, 2013. Reviewed by Budget and Finance Committee. C. Adopt Resolution 2013 -038 approving a quitclaim deed for an easement to Thomas and Heidi M. Spirgi across a portion of the property at 1671 St. Helena Drive in Danville (APN 218 - 361 -007), and authorizing staff to record the document with the Contra Costa County Recorder. d. Adopt changes to job classification of Director of Administration. Approval recommended by Human Resources Committee. e. Adopt changes to job classification of Director of Engineering. Approval recommended by Human Resources Committee. f. Adopt changes to job classification of Payroll Technician, retitle the Payroll Technician to Payroll Analyst, and revise the salary range from Salary Grade S60 ($5,438- $6,576) to S67 ($6,423 - $7,777). Approval recommended by Human Resources Committee. g. Authorize the General Manager to fill all management level positions and adopt revisions to all job classifications on an interim basis, pending District Code update, without the need for final Board approval. Approval recommended by Human Resources Committee. Member Causey requested to pull Items 4.d., 4.e., and 4.g. from the Consent Calendar for separate consideration. Member Causey suggested that the following changes be applied to the Director of Administration job classification in Item 4.d., some of which were also applied to the Director of Engineering job classification in Item 4.e., as noted below. The Board concurred with these revisions: On page 2, remove the word "annual" from the phrase, "Oversee the preparation of the department's annual budget," to provide flexibility in the event that the District moves to a two -year budget. Also on page 2, change "Division- wide" to "Department- wide" in the phrase, "Identify Division -wide training needs," since the Director of Administration position directs an entire department, not a division. This change was also applied to the same phrase in the Director of Engineering job classification in Item 4.e. Book 63 —Page 10 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of November 21, 2013 On page 3, change "as required" to "as designated" in the phrase, "Act on behalf of the General Manager as required," as it is more consistent with the language used by staff in District operations. This change was also applied to the same phrase in the Director of Engineering job classification in Item 4.e. On page 4, re -add the deleted phrase, "Principles, practices, and trends of litigation and risk management." District Counsel Kent Alm noted that, without that language, there would be no mention of management of litigation, which, historically, has been part of the role of the Director of Administration. Member Causey requested that Item 4.g. be split into two motions, as he would support authorizing the General Manager to hire personnel, but he believed that the ability to adopt job classifications for the department directors, General Manager, Secretary of the District, and District Counsel should remain with the Board. It was moved by Member McGill and seconded by Member Pilecki to adopt the Consent Calendar Items 4.a., 4.b., 4.c., and 4.f., as recommended by staff, and Items 4.d. and 4.e., as amended by the Board. Motion passed by unanimous vote of the Board. Member Causey noted that he believed that job classifications should be reviewed every few years to ensure that the specifications remain current. It was moved by Member Causey and seconded by Member Williams to authorize the General Manager to fill all management level positions, with the exclusion of the General Manager, Secretary of the District, and District Counsel positions, on an interim basis, pending the District Code update, without the need for final Board approval. Motion passed by unanimous vote of the Board. It was moved by Member Causey to authorize the General Manager to adopt revisions to all job classifications, with the exceptions of the department heads, Secretary of the District, General Manager, and District Counsel job classifications, on an interim basis, pending the District Code update, without the need for final Board approval. Motion died for lack of a second. It was moved by Member Williams and seconded by Member Pilecki to authorize the General Manager to adopt revisions to all job classifications on an interim basis, with the exception of the General Manager, Secretary of the District, and District Counsel job classifications, pending the District Code update, without the need for final Board approval. Motion passed by the following vote of the Board: None. AYES: Members: McGill, Pilecki, Williams, Nejedly NOES: Members: Causey ABSTAIN: Members: None 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Book 63 — Page 11 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of November 21, 2013 6. REPORTS a. GENERAL MANAGER 1) Update on Seismic Improvements for Headquarters Office Building (HOB) District Project 8226 Senior Engineer Edgar Lopez showed construction photos and reported that ongoing activities include cleaning; punch -list work; recommissioning of the heating, ventilation, and air conditioning (HVAC) equipment; and punch -list work on the Network Upgrades and Fire Protection Projects. The final walkthrough with the Fire Department will occur in the coming week, and the cross - connection test certified the recycled water as clean. The original contract amount was $2,807,151, and, after eight change orders of $145,855, the total project amount is $2,953,006. As of September 30, 2013, 82 percent of that total, or $2,401,890, had been paid to the general contractor, DL Falk. The final punch -list will be issued next week, with contractor trailer demobilization by early December. Staff that was relocated to the Concord office, the Annex, and Warehouse Bays is scheduled to move back during the first two weekends of December 2013. 2) Announcements The following written announcement was included with the agenda packet: a) Recent Promotion - Jon Nicolaus promoted to Maintenance Technician I in the Plant Maintenance Division, effective November 5, 2013 The following announcements were distributed at the meeting: b) Personnel Advancement — Mike Rosen advanced to Maintenance Crew Leader in the Collection System Operations Division, effective November 18, 2013 c) Senior Engineer Randy Schmidt appointed Co -Chair of the National Association of Clean Water Agencies (NACWA) Biosolids Management Committee b. COUNSEL FOR THE DISTRICT District Counsel Kent Alm announced Closed Session Item 11.a. C. SECRETARY OF THE DISTRICT None. Book 63 — Page 12 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of November 21, 2013 d. BOARD MEMBERS 1) Board Member reports on recent meetings or conferences for which they received the stipend or for which the District paid their expenses: and future meetings or conferences for which they will receive the stipend or for which the District will pay their expenses Member Causey Member Causey and Member Pilecki reported on the November 12, 2013 meeting of the CoCo San Sustainable Farm Ad Hoc Committee. Member McGill Member McGill reported on the November 7, 2013 Contra Costa Mayors Conference hosted by the Town of Danville; the November 12, 2013 business meeting he and General Manager Roger Bailey attended with the Mayor and City Manager of the City of Pleasant Hill; and the November 14, 2013 Industrial Association of Contra Costa County (IACCC) Annual Supervisors Luncheon. Member McGill and President Nejedly reported on the November 14, 2013 Enterprise Committee meeting, as well as the November 18, 2013 Budget and Finance Committee meeting, and summarized the Action Summaries. The Board received the report without comment. Member McGill also reported on the November 15, 2013 reception hosted by the Contra Costa Economic Partnership in honor of the Caldecott Tunnel opening, and the November 18 -22, 2013 California Public Employers Labor Relations Association (CALPELRA) Conference held in Monterey. Member Pilecki Member Pilecki reported on the November 7, 2013 San Francisco Bay Section of the California Water Environment Association (CWEA) dinner meeting featuring speakers from the District's Collection System Operations (CSO) Department. Member Pilecki and Member Causey also reported on the November 8, 2013 Capital Projects Committee meeting and summarized the Action Summary. Member McGill stated that he may be willing to consider the possibility raised by the Committee of lowering the General Manager change order authority from $100,000; however, since the process to increase the authority in the first place was lengthy, he may not be inclined to reduce it. Book 63 — Page 13 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of November 21, 2013 2) Announcements Member McGill provided a written report covering Announcements and other meetings. 7. ENGINEERING a. CONSIDER REQUESTS BY TWO PROPERTY OWNERS FOR INSTALLMENT PAYMENT PLANS FOR DELINQUENT CHARGES RELATED TO PROPERTIES LOCATED AT 700 VIA HERMOSA IN DANVILLE AND 545 EL PINTADO IN DANVILLE WHICH THE BOARD PREVIOUSLY PLACED ON THE FISCAL YEAR (FY) 2013 -14 CONTRA COSTA COUNTY PROPERTY TAX ROLL FOR COLLECTION None. General Manager Roger Bailey stated that, after receiving property tax bills inflated by delinquent charges, two property owners in Danville contacted the District to request installment payment plans. At its November 4, 2013 meeting, the Budget and Finance Committee recommended the requests be denied for the following reasons: (1) the property owners were given sufficient opportunity, up to and including a public hearing held July 25, 2013, to request installment payment plans; and (2) the Committee Members were reluctant to expend additional staff time on a matter on which the Board already took action by placing the full amount of the delinquent charges on the Fiscal Year 2013 -14 property tax roll. Member Causey stated that the District needs to contact the delinquent property owners sooner, while they still have the receipts and ability to follow up with their contractors as needed, and that he hoped the new process for the permit counter has captured that need. It was moved by Member Pilecki and seconded by Member Causey to deny the requests by two property owners for installment payment plans for delinquent charges related to properties located at 700 Via Hermosa in Danville and 545 El Pintado in Danville, which the Board previously placed on the Fiscal Year (FY) 2013- 14 Contra Costa County property tax roll for collection. Motion passed by unanimous vote of the Board. 8. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 9. SUGGESTIONS FOR FUTURE AGENDA ITEMS Environmental Services Division Manager Danea Gemmell offered to coordinate a presentation updating the Board on the Bay Delta Conservation Plan. The Board Members expressed interest in receiving a presentation at a future meeting. Book 63 — Page 14 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of November 21, 2013 Several Board Members also expressed interest in receiving a list of "parking lot" items being tracked by staff based upon prior suggestions from the Board. 10. ANNOUNCEMENT OF CLOSED SESSION District Counsel Kent Alm announced that a closed session was needed for Item 11.a. 11. CLOSED SESSION The Board recessed at 3:25 p.m. to reconvene in closed session in the Caucus Room regarding the following matters: a. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b): • Contra Costa County Deputy Sheriffs Association et al v Contra Costa County Employees' Retirement Association (CCCERA) et al., Contra Costa County Superior Court Case No. MSN12 -1870. The Board recessed at 4:25 p.m. to reconvene in the Board Room in open session. 12. REPORT OUT OF CLOSED SESSION District Counsel Kent Alm reported that no reportable action was taken in closed session. 13. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned the meeting at 4:28 p.m. Ct 4oR<es A. Nejedly 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 63 — Page 15