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HomeMy WebLinkAboutBOARD MINUTES 02-05-15MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON FEBRUARY 5, 2015 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 2:05 p.m. on Thursday, February 5, 2015. President McGill called the meeting to order and requested that the Secretary call roll. ROLL CALL PRESENT: Members: Pilecki, Williams, McGill ABSENT: Members: Causey, Nejedly a. PLEDGE OF ALLEGIANCE TO THE FLAG The Board and staff joined in the Pledge of Allegiance. b. INTRODUCTIONS The Board welcomed new employee, Jennifer Golden, Accounting Technician I in the Administration/ Finance Division. 2. PUBLIC COMMENTS Ms. Maryann Cella of Save Open Space (SOS) Danville addressed the Board regarding Agenda Item 5.a.3)a). She stated that it was her understanding that a final ruling from the courts deemed the Environmental Impact Report (EIR) and project related to District Annexation 186 were illegal under the Danville General Plan. She asked the Board to consider withdrawing its annexation application pending resolution of her organization's lawsuit against the Town of Danville regarding the planned SummerHill Homes development. The Board asked staff to place an item on the agenda for discussion at the next Board meeting on February 19, 2015. 3. CONSENT CALENDAR a. Approve minutes of Board meetings held on the following dates: December 18, 2014; January 8, 2015; and January 20, 2015. b. Approve expenditures dated February 5, 2015. Approval recommended by Finance Committee. Book 64 — Page 1 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of February 5, 2015 C. Receive December 2014 Financial Statements and Investment Reports, and receive six -month variance review of Operations and Maintenance Budget for Fiscal Year 2014 -15. Approval recommended by Finance Committee. d. Adopt following updated Board Policies (BP); approval recommended by Administration Committee: BP 001 — Employee Computer Purchase Assistance Program and BP 002 — Diversity Statement. e. Approve extending the current contract for general legal services with District Counsel Kenton L. Alm and Meyers, Nave, Riback, Silver & Wilson on a month -to- month basis commencing February 1, 2015 for up to six months, until further Board action. Authorize the General Manager to execute a construction contract change order with K. J. Woods Construction, Inc. in the amount of $114,600 regarding the Walnut Creek Sewer Renovations, Phase 10, District Project 8413. Approval recommended by Engineering & Operations Committee. g. Adopt Resolution 2015 -003 accepting 26 grants of easement regarding the Martinez Sewer Renovations Project, Phase 4, District Project 8415, and authorizing staff to record documents with the Contra Costa County Recorder. It was moved by Member Pilecki to adopt the Consent Calendar as recommended. Member Williams requested to pull Item 3.d. for discussion. Member Pilecki amended his motion, stating that he moved to adopt the Consent Calendar Items 3.a. — 3.c. and 3.e. — 3.g. as recommended. The restated motion was seconded by Member Williams. Motion passed by unanimous vote of the Board Members present. Regarding Item 3.d., Member Williams stated that he supported broad policies that did not encroach into management -level administrative matters, so he suggested removing the line in BP 001 designating what department would administer the program. General Manager Roger Bailey concurred with his revision. It was moved by Member Williams and seconded by Member Pilecki to adopt Item 3.d. with the proposed amendment to BP 001. Motion passed by unanimous vote of the Board Members present. 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER General Manager Roger Bailey requested that Item 5.a.2) be continued to a future meeting, to be determined. Book 64 — Page 2 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of February 5, 2015 It was moved by Member Williams and seconded by Member Pilecki to continue Item 5.a.2) to a future meeting. Motion passed by unanimous vote of the Board Members present. 5. REPORTS a. GENERAL MANAGER 1) Receive presentation by Wade Miller of the WateReuse Foundation on Meeting California's Water Needs & Goals through Direct Portable Reuse and consider whether to provide a financial contribution in support of the Foundation's research Michael Markus, General Manager of Orange County Water District (OCWD) and Board Member of the WateReuse Foundation, showed a video clip from the television series 60 Minutes, entitled "Toilet to Tap," and presented a PowerPoint presentation. Wade Miller, Executive Director of the WateReuse Foundation; Dave Requa, retired Assistant General Manager of Dublin San Ramon Services District (DSRSD); and Gary Darling, General Manager of Delta Diablo, were also present to answer questions and speak in favor of the program. Member Williams explained that the District shares its service area with two water agencies that have a legal responsibility under state law to determine their long -term needs. Only one of these agencies is pursuing recycled water, because the other appears to have determined it does not need it. He believed that, without access to the studies these agencies have presumably conducted, the District should not get involved. While the District may have an interest in some areas of the study, including treatment reliability, utilities, and nutrients, his personal opinion was that, as a Board Member, his job is to try to provide reasonable wastewater service at a reasonable cost to the ratepayers, and the District should be doing things that are cost - effective for its ratepayers. He concluded that he would support matching Delta Diablo's contribution of $40,000. President McGill stated that the Real Estate, Environmental & Planning Committee recommended the Board contribute to the research, and he would like to see the District get to a point of zero discharge and be a leader in this area. He suggested that the Board at least match DSRSD's contribution of $150,000. Member Pilecki stated that he believed that contributing to this cause was the right thing to do and, while there may be challenges in interagency cooperation, he asked General Manager Roger Bailey to provide a recommendation for a funding amount to the full Board. Book 64 — Page 3 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of February 5, 2015 It was moved by Member Pilecki and seconded by Member Williams to direct staff to bring to the Board a suggested contributable amount based on the District's budget. 2) Receive information regarding potential local vendor preference policy. Administration Committee recommended a presentation to the full Board Under Item 4., the Board voted to continue this item to a future meeting. 3) General Manager Announcements The following announcements were included in the agenda packet: a) LAFCO Approved District Annexation (DA) 185 — Danville and Lafayette; and Continues DA 186 — Danville (Magee Ranch) b) Natural Gas Pre - Purchase C) No Businesses in Significant Non - Compliance for 2014 d) Recap of Contracts Signed by General Manager during Fourth Quarter 2014 No additional announcements were made at the meeting. b. COUNSEL FOR THE DISTRICT 1) ANNOUNCE CLOSED SESSION (PURSUANT TO GOVERNMENT CODE SECTION 54957.7) Richard Pio Roda of Meyers Nave announced Closed Session Item 9.a. He stated that Closed Session Item 9.b. would not be held. C. SECRETARY OF THE DISTRICT Secretary of the District Elaine Boehme announced the upcoming meetings of the Administration Committee on February 9 at 8:00 a.m.; Finance Committee on February 9 at 3:00 p.m.; Real Estate, Environmental & Planning Committee on February 10 at 3:00 p.m.; and Engineering & Operations Committee on February 11 at 3:00 p.m. 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 Book 64 — Page 4 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of February 5, 2015 Member Neiedly a) In Member Nejedly's absence, Member Pilecki reported on the January 12, 2015 Finance Committee meeting and summarized the Action Summary. The Board received the report without comment. b) In Member Nejedly's absence, President McGill, who served as Alternate for Member Pilecki, reported on the January 26, 2015 Finance Committee meeting and summarized the Action Summary. The Board received the report without comment. Member Pilecki c) Member Pilecki reported on the January 14, 2015 Engineering & Operations Committee meeting and summarized the Action Summary. The Board received the report without comment. d) Member Pilecki and President McGill reported on the January 15, 2015 Real Estate, Environmental & Planning Committee meeting and summarized the Action Summary. The Board received the report without comment. Member Pilecki also reported on the January 26 -28, 2015 California Special Districts Association Special District Leadership Academy in Napa and the January 29, 2015 44th Annual Pleasant Hill Community Awards and Dinner. He recalled that Member Williams had suggested at the January 8, 2015 Board meeting that the Board receive a course in good governance and reiterated his support for the suggestion. Member Williams e) Member Williams and President McGill reported on the January 13, 2015 and January 27, 2015 Administration Committee meetings and summarized the Action Summaries. The Board received the reports without comment. Member Williams also reported on the February 1 -4, 2015 National Association of Clean Water Agencies (NACWA) Winter Conference Charleston, South Carolina. President McGill President McGill reported on the January 8, 2015 Contra Costa Mayors Conference hosted by the City of Antioch featuring BART Director Joel Keller; the January 21 -23 California Association of Sanitation Book 64 — Page 5 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of February 5, 2015 Agencies (CASA) Mid -Year Conference in Palm Springs, CA; January 26, 2015 California Special Districts Association Contra Costa Chapter (CCSDA) Meeting; and the February 3, 2015 presentation he gave at the Walnut Creek City Council Meeting. 2) Consider following recommendations regarding Board Liaison appointments: a) Approve establishing Board Liaisons to East Bay Municipal Utility District (EBMUD), Contra Costa Water District (CCWD), East Bay Regional Park District (EBRPD), and Pleasant Hill Recreation and Park District (PHR &PD); and authorize payment of the meeting stipend in accordance with the adopted Board Compensation Resolution 2014 -011. b) Authorize the appointed Board Liaison for City of Pleasant Hill to also act as Board Liaison for PHR &PD. c) Approve the following additional Board Liaison appointments for 2015: EBMUD: Member Nejedly CCWD: President McGill EBRPD: Member Causey It was moved by Member Williams and seconded by Member Pilecki to approve the establishment and appointment of Board Liaisons as recommended, effective immediately. Motion passed by unanimous vote of the Board Members present. 3) Board Member Announcements Member McGill provided a written report covering his announcements and other meetings. 4) Board Member requests for advance authorization to receive a stipend for meeting attendance not specifically addressed in the current Board Compensation Resolution None. Book 64 — Page 6 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of February 5, 2015 6. TREATMENT PLANT a. RECEIVE THE 2014 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES) ANNUAL REPORT None. Deputy General Manager Ann Sasaki presented the 2014 NPDES Annual Report, including highlights of the District's achievements and activity over the 2014 calendar year. The Board received the report. 7. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 8. SUGGESTIONS FOR FUTURE AGENDA ITEMS President McGill requested that staff follow up on Member Williams' suggestion on a retreat for the Board on good governance and recommended that senior staff also partake in the session. At the concurrence of the Board, General Manager Roger Bailey stated that he would agendize a discussion on this topic at a future Board meeting. 9. CLOSED SESSION The Board recessed at 3:46 p.m. to reconvene in closed session in the Caucus Room regarding Item 9.a. only: a. PERSONNEL MATTERS PURSUANT TO GOVERNMENT CODE SECTION 54957 — PUBLIC EMPLOYEE DISCIPLINE. 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, 1 ST APPELLATE DISTRICT, DIVISION FOUR CASE NO. A141913. The Board recessed at 4:01 p.m. to reconvene in the Board Room in open session. 10. REPORT OUT OF CLOSED SESSION Richard Pio Road of Meyers Nave reported that the Board met in closed session and voted unanimously to accept the arbitrator's decision relating to the disciplinary action of Item 9.a. Book 64 — Page 7 CENTRAL CONTRA COSTA SANITARYDISTRICT Board Minutes of February 5, 2015 11. ADJOURNMENT There being no further business to come before the Board, President McGill adjourned the meeting at 4:01 p.m. Michael R. "the ill President o Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CIVIC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Book 64 — Page 8