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HomeMy WebLinkAbout03.a. Approve minutes of July 3, 2014 Board meetingMINUTES OF THE REGULAR MEETING 3.a, OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT The Board • Directors of the Central Contra Costa Sanitary District convened in a regular meeting in the Board Room, 5019 Imhoff Place, Martinez, County • Contra Costa, State of California, at 2-00 p.m. on Thursday, July 3, 2014. President Williams called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT- Members: Causey, McGill, Nejedly, Pilecki, Williams ABSENT: Members- None a. PLEDGE OF ALLEGIANCE TO THE FLAG 0=1 - The Board and staff joined in the Pledge of Allegiance. 2. PUBLIC COMMENTS 3. CONSENT CALENDAR a. Approve minutes of June 5, 2014 Board meeting. b. Approve expenditures dated July 3, 2014. Approval recommended by Finance Committee. C. Receive May 2014 Financial Statements and Investment Reports. Approval recommended by Finance Committee. d. Set public hearing for July 31, 2014 at 2-00 p.m. to consider placing the following charges for Fiscal Year 2014-15 on the Contra Costa County tax roll for collection- 1) Sewer Service Charges; 2)Capacity Use Charges; Assessments for Contractual Assessment Districts and Alhambra Valley Assessment Districts-, and Assessments for other Fee Installment Payment Programs. e. Award contract to in the amount of $2,288,000 to K J Woods Construction, Inc., the lowest responsive and responsible bidder for the Walnut Creek Sewer Renovations, Phase 10, District Project 8413; find that the project is exempt from California Environmental Quality Act (CEQA)-, and authorize the General CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 3, 2014 Manager • execute - contract documents subject to submittal requirements. •- - -d by • - a : Operations Committee. Member Causey requested to pull Item 3.e. for separate consideration. It was • -• byff- •- r !TlcGill and seconded by Member - to adopt Items 4 through 4.d. Motion passed by unanimous vote of the Board. Member Causey requested that the actual Capital Improvement Budget (CIB) amount be included in the Financial Impacts portion of future Position Papers. The Board agreed to this request by consensus. Member Causey stated that, regarding this particular project, the estimate is over the CIB amount, and he would not be able to support the award for that reason. Member Pilecki stated that he would prefer that award of construction projects not be included on the Consent Calendar, as they amount to one of the most significant expenditures entrusted to the Board, and it has been a longtime practice to agendize them under their own category of Bids and Awards. General Manager Roger Bailey stated that his idea in making the change was that, if the project has been reviewed and recommended for Board approval by the Engineering & Operations Committee, the item could be listed on the Consent Calendar. Member Nejedly stated his opinion that, in the interest of time and staff effort, if no presentation is planned by staff, the item should be listed under the Consent Calendar, since any item can be pulled from the Consent Calendar for discussion. The Board concurred with Member Nejedly's comments. It was moved by Member McGill and seconded by Member Causey to adopt Item 3.e. Motion passed by the following vote of the Board: AYES: Members: McGill, Nejedly, Pilecki, Williams NOES: Members: Causey ABSTAIN: Members. None District Counsel Kent Alm stated that, on the afternoon of June 30, 2014, after the agenda posting deadline of 72 hours prior to this meeting, staff and Counsel became aware that the appellate court issued an order lifting the stay on Contra Costa County Superior Court Case No. MSN12 -1870, Contra Costa County Deputy Sheriffs Association, et al. v. Contra Costa CountV Employees' Retirement Association (CCCERA), et al.. The stay would be extinguished on July 11, 2014, prior to the next regularly scheduled Board Meeting. The court action creates an issue with regard to Memoranda of Understanding with all three bargaining groups, affecting cash payouts. He requested that the Board add two items to the agenda on the related issues, in accordance with Government Code Section 54954.2(b)(2). 2 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 3, 2014 It was moved by Member Causey and seconded by Member Nejedly to (1) find that the need to consider the items arose after the agenda posting deadline of 72 hours before the regular meeting and there was an immediate need to take action before the next regularly scheduled Board meeting, and (2) add the following closed session items as urgency - at the • of •, as recommended • District Counsel- b. Conference with Legal Counsel - Existing Litigation - pursuant to Government Code Section 54956.9(x): Contra Costa County Deputy Sheriffs Association, et al. v. Contra Costa County Employees' Retirement Association (CCCERA), et al., Court of Appeal, 1St Appellate District, Division Four, Case No. A141913 C. Conference with labor negotiators pursuant to Government Code Section 54957.6: District Negotiators: • General Manager Roger Bailey • 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 Motion passed by unanimous vote of the Board. 5. REPORTS a. GENERAL MANAGER 1) Presentation by Christine Foster, Northern California Regional Manager /Principal Consultant of Environmental and Occupational Risk Management (EORM) on the study conducted by EORM on the District's Safety Program Christine Foster presented a summary of EORM's assessment of the District's safety program, which was done through written program review, interviews with staff, site walkthroughs, and field visits. FORM found some inconsistency between actual operations and their associated procedures. It could not easily locate training records, inspections, and evaluations, which was most likely a result of the past decentralization of the program. It also identified several areas for improvement, all of which CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 3, 2014 are being addressed, and recommended a Safety Departm- • • of a Safety Officer and two Safety Specialists. ­-• o Iral-11MI 161twroll • MATITM DIM WIMSOM121M.- m• .'' Communication Services Manager Michael Scahill provided an overview of the District's education and training programs taught by outside consultants in Ethics, the Brown Act, Safety and Risk Management, and Human Resources. He highlighted the Customer Service Trainings for new and existing employees and the two leadership programs, the Management Academy and the Supervisors Academy. Board Members asked whether they were required to attend Sexual Harassment Prevention Trainings. President Williams asked that the Board be notified when these trainings occur, including online offerings, so they may elect to attend. Member Nejedly noted that Board Members could attend the trainings at his office. 3) General Manager Announcements The following announcements were included in the agenda packet: a) 2014 National Association of Clean Water Agencies (NACWA) Platinum Peak Performance Award — Plant Operations Division Manager Alan Weer to Attend NACWA Summer Conference from July 13 through July 16, 2014 in Portland, Oregon b) 2014 Employee Appreciation Picnic Scheduled for July 16, 2014 C) Public Bidding for Cathodic Protection, Phase 1, District Project 8425 d) Public Bidding for Survey Monument Replacement, District Contract No. 41799 The following announcements were made at the meeting: e) Treatment Plant Natural Gas Purchases f) Capital Projects Division Manager Andrew Antkowiak to Retire After 24 years of Service Mr. Antkowiak stated that he enjoyed his time at the District, which he described as a great place to work, a leader in the industry, and an award-winning organization. The Board thanked Mr. Antkowiak for his service. rl'� CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 3, 2014 •Agreement for • • - - Study and Staffing Needs Assessment • -• with Raftelis I General Manager Roger Bailey announced that a series of presentations have been scheduled at future Board Meetings, to address the concerns brought up by the Board. Staff will be interviewed and the findings will be presented to the Board in August. An off -site Board Workshop is being scheduled for the Board to have an interactive session with the consultants, using a draft model. Member Pilecki requested that he receive the questions for that workshop in advance. b. COUNSEL FOR THE DISTRICT None. C. SECRETARY OF THE DISTRICT Secretary of the District Elaine Boehme announced the July 11, 2014 Special Finance Committee meeting at 2:00 p.m. 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 Causey Member Causey and Member Nejedly reported on the June 23, 2014 Finance Committee meeting. Member Causey noted that Finance Administrator Todd Smithey has been elected to the Contra Costa County Employees' Retirement Association (CCCERA) Board of Retirement. The Board received the report without comment. Member Causey and Member Pilecki reported on the June 26, 2014 Ad Hoc Committee meeting re CoCo San Sustainable Farm. Member Causey stated that the Committee met with representatives from the Farm and determined that the Business Plan met the requirements; therefore, the Committee recommended acceptance of the Plan. The Board received the report without comment. 0 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 3, 2014 Member McGill Member McGill and President Williams reported on the June 18, 2014 Administration Committee meeting. Member Pilecki reiterated his previous request that the unions be invited to attend the July 17, 2014 Board Meeting with John Bartel. Member McGill and President Williams stated that the June 25, 2014 Administration Committee meeting was held, and the Action Summary for that meeting will be included in the July 17, 2014 Board agenda packet. The Board received the report without comment. L "I, M1111111 WIMT Member Pilecki and Member Causey reported on the June 23, 2014 Engineering & Operations Committee meeting. The Board received the report without comment. 2) Board Member Announcements Member McGill provided a written report covering Announcements. 3) Board Member requests for advance authorization to receive a stipend for meeting attendance not specifically addressed in the current Board Compensation Resolution. None. 6. ADMINISTRATIVE a. CONSIDER ADOPTING THE (1) MISSION AND VALUES STATEMENTS. AND (2) GOALS AND STRATEGIES, AS SET FORTH IN THE FINAL DRAFT FISCAL YEARS 2014-16 STRATEGIC PLAN General Manager Roger Bailey stated that at the June 19, 2014 Board Meeting, the Board provided input to staff, including suggested modifications to the Introduction, Goals and Strategies sections of the draft Strategic Plan, and asked staff to return with a final draft at a future meeting. Staff has incorporated those suggestions, as reflected in the material included in the agenda packet. It was moved by Member Pilecki and seconded by Member McGill to adopt the Mission and Values Statements, as well as the Goals and Strategies as set forth in the final draft Fiscal Years 2014-16 Strategic Plan. Motion passed by unanimous vote of the Board. n. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 3, 2014 Rell 1110" 0510,11114195MMir OUR 111M Rom ' f ' • •�'� ` ' ' ` • General Manager Roger Bailey stated that the lease with AgLantis, which incorporated the changes requested by the Board at its April 17, 2014 meeting, has been signed, and, as directed by the Board, the Business Plan was being presented for its acceptance. Environmental Services Division Manager Danea Gemmell described the main components of the Business Plan, including the performance requirements. The Ad Hoc CoCo Sustainable Farm Committee met with farm representatives on June 26, 2014 and recommended the Board accept the Business Plan. Ms. Gemmell noted that AgLantis has secured the donation of a greenhouse and it plans to participate as part of a Community - Supported Agriculture (CSA), sell potted herbs and plants, and sell produce to schools at a discount. The Contra Costa Food Bank would pick up and wash its produce itself. Ms. Gemmell clarified that the lease addresses construction and other large -scale items like the teaching facility. The Board would not necessarily be endorsing or approving those types of projects with acceptance of the Business Plan, as these projects would be subject to further review before implementation. A Memorandum of Lease was prepared with the help of District Counsel Kent Alm and will become effective once the Board accepts the Business Plan. Member Nejedly stated his intent to vote against the Business Plan for the same reasons which caused him to vote against the Lease Agreement. He stated that the Plan says that AgLantis plans to rent the facility for parties. While he supported education for children, he expressed concerns with the density of children in proximity to the Buchanan Field Airport. Member Nejedly also noted that the Plan states AgLantis will need $130,000 for the first year, $90,000 of which has not been secured but promised by donors. He also stated that fencing and other items which were not originally going to take place are planned in the Business Plan, and he expressed liability concerns with the plan to sell items not originating from the Farm, as well as the potentially dangerous heavy truck traffic from nearby County Quarry during the times of those sales. Ms. Gemmell responded that the Internal Revenue Service (IRS) Code prohibits more than fifteen percent of all sales being derived from products that are not produced by or for the non - profit organization, and the majority of the items AgLantis plans to sell are not produce, but farm merchandise printed with the name of the farm. 7 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 3, 2014 stated Member Causey added that the rental of the facility for parties was discussed at length by the Ad Hoc Committee, and it was clarified that the parties would be for training and teaching purposes, as educational opportunities. Member Nejedly that is not • a Plan. President Williams stated that Board Members support the concepts driving the farm, such as education and sustainable farming; but they must balance that with protecting the interests of the ratepayers. There are liability and cost issues; the District would be providing essentially free land and free recycled water; the land could be put to some other, possibly more valuable use; and this would create a precedent for the Board to approve other projects not directly linked to its mission. President Williams also recalled that on April 17, he requested quantifiable success indicators, the key bottom line of which would be produce for schools and the Food Bank, and there is no metric for that in the Lease Agreement or Business Plan. He stated that the land, a District asset, would be tied up for an uncertain public benefit, so he planned to vote no because of the lack of performance indicators. Member Nejedly stated that the farm is a great idea and use of land; however, its fruition has been handled poorly, with the expenditure of a great deal of staff effort. He stated that, to protect both the District and its ratepayers, he could not in good conscience vote for the item, given the possibility of it bringing difficult issues for the District to overcome. It was moved by Member Pilecki and seconded by Member Causey to accept the CoCo San Sustainable Farm Business Plan and adopt Resolution 2014 -020 authorizing staff to record the Memorandum of Lease with AgLantis with the Contra Costa County Recorder. Motion passed by the following vote of the Board: AYES: Members: Causey, McGill, Pilecki NOES: Members: Nejedly, Williams ABSTAIN: Members: None a. RECEIVE UPDATE ON EMERGENCY DECLARED ON JUNE 5, 2014 AUTHORIZING REPAIRS TO THE DAMAGED SLUDGE BLENDING TANK LOCATED IN THE TREATMENT PLANT; AND TERMINATE THE EMERGENCY SITUATION IN ACCORDANCE WITH PUBLIC CONTRACT CODE 22050(0)(3) Senior Engineer Edgar Lopez stated that on May 19, 2014, staff discovered a failure in the Sludge Blending Tank. On May 30, the General Manager authorized the emergency, and on June 2, the emergency repair work began. As of June 25, the emergency work was completed and the contractors were demobilized. Tank stabilization has been completed and the site is secure, final E:3 None. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 3, 2014 It was moved by Member Pilecki and seconded by Member Nejedly to terminate the emergency situation declared on June 5, 2014 authorizing repairs to the damaged Sludge Blending Tank located in the Treatment Plant, in accordance with Public Contract Code 22050(c)(3). Motion passed by unanimous vote of the Board. 9. SUGGESTIONS FOR FUTURE AGENDA ITEMS 10. ANNOUNCEMENT OF CLOSED SESSION (Pursuant to Government Code Section 54957.7) District Counsel Kent Alm announced Closed Session Items 11.a. as well as 11.b. and 11.c., which were added by the Board as urgency items earlier in the Board meeting. OSED SESSION The Board recessed at 3:15 p.m. to reconvene in closed session in the Caucus Room regarding the following matters: a. PERSONNEL MATTERS PURSUANT TO GOVERNMENT CODE SECTION 54957 — PERFORMANCE EVALUATION FOR GENERAL MANAGER b. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A): CONTRA COSTA COUNTY DEPUTY SHERIFFS ASSOCIATION, ET AL. V. CONTRA COSTA COUNTY EMPLOYEES' RETIREMENT ASSOCIATION (CCCERA), ET AL_, COURT OF APPEAL, 1ST APPELLATE DISTRICT, DIVISION FOUR, CASE NO. A141913 C. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: tJ CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 3, 2014 District Negotiators: * General Manager Roger Bailey * Human Resources Manager Teji O'Malley * Secretary • the District Elaine Boehme Employee Organizations- * Employees' Association, Public Employees Union, Local One * Management Support/Confidential Group (MS/CG) * Management Group The Board recessed at 4:33 p.m. to reconvene in the Board Room in open session. None. 12. REPORT OUT OF CLOSED SESSION 13. ADJOURNMENT There being no further business to come before the Board, President Williams adjourned the meeting at 5-01 p.m. David R. Williams President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California Elaine R. Boehme, CIVIC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California ffel