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HomeMy WebLinkAboutBOARD MINUTES 02-20-14MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON FEBRUARY 20, 2014 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, February 20, 2014. President Williams called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Causey, Nejedly, Pilecki, Williams ABSENT: Members: McGill 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. CONSENT CALENDAR a. Approve minutes January 23, 2014 Board meeting. b. Approve expenditures dated February 20, 2014. Approval recommended by Finance Committee. C. Set March 20, 2014 at 2:00 p.m. as the date and time for a public hearing for annual review of Board Member compensation and benefits and to consider amending District Code Section 2.04.030, "Compensation of Board Members." d. Approve the Pleasant Hill- Grayson Creek Trunk Sewer, District Project 8412, for California Environmental Quality Act (CEQA) /permitting purposes and direct staff to file a Notice of Exemption with the Contra Costa County Clerk. Approval recommended by Engineering & Operations Committee. [Continued from February 6, 2014.] It was moved by Member Pilecki and seconded by Member Causey to adopt the Consent Calendar as recommended. Motion passed by the following vote of the Board: Book 63 — Page 58 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of February 20, 2014 AYES: Members: Causey, Nejedly, Pilecki, Williams NOES: Members: None ABSENT: Members: McGill President Williams asked for clarification regarding Counsel's February 14, 2014 memo to the Board regarding the new Senate Bill 751, governing the reporting of all action taken at public meetings. District Counsel Kent Alm stated that, in issues requiring a vote or motion, the votes should be recorded. If a vote is unanimous, a statement that the vote was unanimous satisfies the bill's requirement. If a vote is not unanimous, it should be stated who voted for and who voted against the item. The vote does not need to be called out every time, as it varies case by case. When a decision is being made by consensus of the Board, where there is a determination by the Board to agendize or move forward with an item, there should be a motion and the vote should be called out. When the Board provides direction that does not require a decision, the vote does not need to be counted. Mr. Alm noted that there are differing views on the statute and how rigorously it should be adhered to. He added that his memo was generic, with a fairly rigorous interpretation and conservative approach. 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 5. REPORTS a. GENERAL MANAGER 1) Pollution Prevention Report for 2013 and Pollution Prevention Plan for 2014 This matter was reviewed by the Real Estate, Environmental & Planning Committee on February 11, 2014. General Manager Roger Bailey stated that each February, as required by the National Pollutant Discharge Elimination System (NPDES) permit, staff submits an annual report of the District's pollution prevention activities for the previous calendar year. Provisional Associate Engineer Melody LaBella reported the highlights of the 2013 Pollution Prevention Annual Report and reviewed the 2014 Pollution Prevention (P2) Plan, which will include outreach on personal care products, specifically those with plastic microbeads that do not break down during processing, and ultimately get discharged into the bay. 2) Recap of panel on flushable wipes conducted at recent National Association of Clean Water Agencies ( NACWA) Winter Conference in New Mexico General Manager Roger Bailey stated that Provisional Associate Engineer Melody LaBella was invited by NACWA to moderate a panel discussion on Book 63 — Page 59 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of February 20, 2014 "Toilets Are Not Trash Cans!" at its Winter Conference in Santa Fe, New Mexico on February 4, 2014. Member Causey had requested that she recap the discussion for the benefit of staff and the other Board Members. Ms. LaBella presented an abbreviated version of her discussion, which focused on fats, oils and grease, flushable wipes and pharmaceuticals. She discussed the "fatberg" that was discovered in a London sewer in August 2013, which brought mainstream attention to the dangers of fats, oils, and grease in wastewater systems. She also showed examples of the "Wipes Clog Pipes" ad campaigns, mentioning that more and more people are flushing paper towels which do not break down during the treatment process. She also discussed the longstanding problem of pharmaceuticals entering the wastewater stream and recent legislative efforts underway to mitigate the problem. The Board thanked Ms. LaBella for her presentations. 3) Update on recruitment of open department director positions and discuss retitling of Director of Operations position to Deputy General Manager General Manager Roger Bailey reported that 99 applications were received for the Director of Administration position. Koff and Associates will help narrow that pool to at least 10 candidates to be interviewed. For the Director of Engineering position, 77 applications were received, which will also be whittled down, with interviews to follow in the next few weeks. The Director of Operations position has been advertised and will close on March 10, 2014. Mr. Bailey asked for the Board's input on the possibility of making one of the Director positions a Deputy General Manager. He stated that he was leaning toward retitling the Director of Operations position as such. Member Pilecki stated that the District has had a Deputy General Manager in the past, and he would support moving forward with reinstating that position again. He suggested that, after the three new directors have been in position for six to twelve months, the General Manager should decide who to promote, or rotate the candidates in the role and decide based on their performance. Member Causey stated that he was concerned about the suggestion to rotate candidates within the position, as it could cause a significant delay in the appointment of a Deputy General Manager and hinder the ability to move forward with other issues. He suggested that if there is to be a Deputy General Manager, that person be appointed sooner rather than later. President Williams stated that he had envisioned a short waiting period rather than the rotation in the scenario suggested by Member Pilecki, to allow the General Manager to become familiar with each director's capabilities, but noted that he would be comfortable with the approach suggested by Member Causey as well. Book 63 — Page 60 CENTRAL CONTRA COSTA SAN/TARYD/STR/CT Board Minutes of February 20, 2014 Member Nejedly stated that the District should hire a Director of Operations and make the Deputy General Manager responsibilities be part of that position. General Manager Roger Bailey noted that, as the applicants are considered, staff will look for leadership traits in each candidate, to which Member Causey suggested incorporating skills testing into the hiring process, including public speaking and the ability to work in a group setting. 3) Announcements The following written announcements were included with the agenda packet: a) Personnel Advancement - Bret Greenwald advanced to Plant Operator II, effective January 3, 2014. b) Resignation - Senior Right -of -Way Agent Kathleen West resigned on February 10, 2014 after five years of service. c) 2013 Title V Clean Air Act Annual Report available d) Contra Costa County Employees' Retirement Association (CCCERA) Board votes to reduce Employer Retirement Contribution e) Public Workshop for District Project 8413 — Walnut Creek Sewer Renovations Project, Phase 10, to be hosted Thursday, February 20 from 7:00 to 8:00 pm. at CSO in Walnut Creek. f) District Project 8411 — North Orinda Sewer Renovations Project, Phase 5, to be hosted Thursday, February 27 from 7:00 to 8:00 pm. at the Orinda Library's Garden Room (26 Orinda Way). The following announcement was made at the meeting: g) General Manager Roger Bailey announced that he, Member Causey, and President Williams planned to attend the 2014 California Association of Sanitation Agencies (CASA) Conference in Washington, DC. General Manager Roger Bailey stated that, as a result, he would be out of the office from February 24 through February 26, during which time Director of Operations Curt Swanson would be delegated his authority as General Manager. b. COUNSEL FOR THE DISTRICT No report. Book 63 — Page 61 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of February 20, 2014 c. SECRETARY OF THE DISTRICT Secretary of the District Elaine Boehme announced the upcoming meeting of the Finance Committee on February 24, 2014. 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 President Williams noted that since Action Summaries were included in the Board agenda packets, it would no longer be necessary for Board Members to report on each item, but he encouraged the Board Members to highlight the topics they felt to be particularly important. Member Causey Member Causey and Member Nejedly reported on the February 10, 2014 Finance Committee meeting and summarized the Action Summary. The Board received the report without comment. Member Causey reported that he attended the San Ramon State of the City Address on February 11, 2014 and sat with the Senior District Representative for Congressman Swalwell, Josh Huber. Since Mr. Huber indicated a strong interest in recycled water, Member Causey suggested that staff set a meeting with his office. Member Causey also reported that he attended a Bay Area Clean Water Agencies (BACWA) Collection Systems meeting, for which he did not receive a stipend. Member Causey and Member Pilecki also reported on the February 18, 2014 meeting of the Ad Hoc Committee regarding CoCo San Sustainable Farm. Member Causey stated that the Committee met to review the status of the negotiations and learned that the organization had renamed its public benefit corporation to "AgLantis." They are applying for a grant, and the draft lease should be developed in the next two weeks. Member Neiedl Member Nejedly reported on the February 11, 2014 Real Estate, Environmental & Planning Committee meeting and summarized the Action Summary. Member McGill was not present at the Board meeting to report out, but he served on the Committee for that meeting. Board Members discussed the possibility of looking at alternate sites for the updated treatment plant as part of the Treatment Plant of the Future Study. Book 63 — Page 62 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of February 20, 2014 Member Pilecki Member Pilecki reported on the Martinez State of the City breakfast he attended on February 11, 2014. He stated that there should be a new City Manager by July 2014. He and General Manager Roger Bailey will meet with him or her once appointed. Member Pilecki and Member Causey also reported on the February 11, 2014 meeting of the Engineering & Operations Committee and summarized the Action Summary. Member Pilecki stated that, since the meeting, staff has determined that the California Environmental Quality Act (CEQA) section of the Capital Improvement Budget (CIB) is not needed and will be removed from future versions. The Board received the report without comment. Member Williams Member Williams reported on the February 10, 2014 liaison meeting he and General Manager Roger Bailey had with Lafayette Mayor Tatzin and City Manager Falk. Member Williams also reported on the February 11, 2014 meeting of the Administration Committee and summarized the Action Summary. The Board received the report without comment. Member McGill was not present at the Board meeting to report out, but he served on the Committee for that meeting. District Counsel Kent Alm expanded on his opinion regarding standing committee alternates and the Brown Act, which was included in the Administration Committee agenda, cautioning that, to prevent a Brown Act violation, Board Members should not have conversations with other Board Members in cases where they are serving alternates on Committees. President Williams stated that, in looking at the Committee action summaries, he noticed that the Committees other than Engineering & Operations met for shorter duration and focused on high - level, policy- setting discussions. He asked that, in drafting the Committee charters, staff write them with a "dashboard review," particularly for the Finance and Engineering & Operations Committees, which relegates the Committee's purview to policy issues and higher -level matters that are appropriate for the Board and Committee level. Member Causey responded that, as part of the Engineering & Operations Committee, he and Member Pilecki recognized the concerns voiced by President Williams and had asked at the last meeting that future quarterly reports they requested be trimmed. Additionally, since future Engineering & Operations Committee meetings will typically begin two hours before the start of the Finance Committee meetings, the meetings will not run as long as in the past. He stated that the Committee is determining what information it needs to make decisions at a policy level, and it was not their intent to manage individual projects. Member Pilecki agreed with these statements. Book 63 — Page 63 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of February 20, 2014 2) Announcements None. None. 6. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 7. SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Pilecki suggested that consideration be given to accepting the East Bay Municipal Utility District ( EBMUD) Board's recent offer to give a presentation to the District's Board and staff regarding the drought. There was consensus to accept the offer. Member Nejedly suggested that staff investigate possible methods of providing recycled water (via truck) to residential and /or commercial customers for landscape and construction use during the drought. President Williams stated that EBMUD did something similar during a previous drought and suggested staff contact EBMUD for information. There was consensus to pursue these suggestions. Member Causey suggested that consideration be given to holding a joint Board meeting with the Contra Costa Water District's (CCWD) Board to determine areas where the two agencies could collaborate regarding recycled water. There was consensus to pursue this suggestion. Member Causey requested a staff update on outstanding action items arising from the Board Priorities Workshop held last October. General Manager Roger Bailey said staff would be presenting a proposed Strategic Plan to the Board in late March or early April. 8. ADJOURNMENT There being no further business to come before the Board, President Williams adjourned the meeting at 3:12 p.m. f David R. Williams President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CMC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Book 63 — Page 64