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HomeMy WebLinkAboutBOARD MINUTES 02-19-15MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON FEBRUARY 19, 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 2:00 p.m. on Thursday, February 19, 2015. President McGill called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Causey, Nejedly, Pilecki, Williams, McGill ABSENT: Members: None a. PLEDGE OF ALLEGIANCE TO THE FLAG None. The Board and staff joined in the Pledge of Allegiance. 2. PUBLIC COMMENTS 3. CONSENT CALENDAR a. Approve expenditures dated February 19, 2015. Approval recommended by Finance Committee. b. Set public hearing for March 19, 2015 at 2:00 p.m. for annual review of Board Member compensation and benefits and to consider amending District Code Section 2.04.030, "Compensation of Board Members." C. Set public hearing for March 19, 2015 at 2:00 p.m. to receive comments on the proposed reimbursement fee for properties that could connect to Job 6508, the Calmar Vista Road sewer in Danville. Approval recommended by Finance Committee. d. Adopt Resolution 2015 -004 authorizing the execution of a real property agreement with Joshua and Jill Milnes related to 639 Los Palos Road, Lafayette (APN 238 -101- 011), to abate an encroachment; and authorizing staff to record the document with the Contra Costa County Recorder. Book 64 — Page 9 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of February 19, 2015 e. Authorize the General Manager to revise Agreement No. 039747 with DCM Consulting, Inc. for professional engineering services by increasing the cost ceiling from $98,000 to an amount not to exceed $134,000 for geotechnical services under the Pleasant Hill- Grayson Creek Trunk Sewer Project, District Project 8412. Approval recommended by Engineering & Operations Committee. Award a construction contract in the amount of $389,700 to W. M. Lyles Company, the lowest responsive and responsible bidder for the Sludge Blending Tank Repairs, District Project 7316; find that the project is exempt from California Environmental Quality Act (CEQA); approve this as a contingency project in the total amount of $719,450; approve a supplemental authorization of $519,450 from the Sewer Construction Fund to the Fiscal Year 2014 -15 Treatment Plant Program Contingency Account; and authorize the General Manager to execute the contract documents subject to submittal requirements. Approval recommended by Engineering & Operations Committee. It was moved by Member Williams and seconded by Member Causey to adopt the Consent Calendar as recommended. Motion passed by unanimous vote. None. 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER 5. PUBLIC HEARINGS a. HOLD PUBLIC HEARING TO CONSIDER AUTHORIZING THE GENERAL MANAGER TO EXECUTE THREE POWER PURCHASE AGREEMENTS WITH SUN EDISON LLC TO SUPPLY POWER GENERATED BY SOLAR PHOTOVOLTAIC PANELS TO THE DISTRICT'S HOUSEHOLD HAZARDOUS WASTE (HHW) FACILITY COLLECTION SYSTEM OPERATIONS (CSO) BUILDING AND VEHICLE MAINTENANCE SHOP AS PART OF THE REGIONAL RENEWABLE ENERGY PROJECT (R -REP); AND MAKE ASSOCIATED FINDINGS General Manager Roger Bailey said that District staff presented information at the December and January Board meetings on potential power purchase agreements with Sun Edison, LLC for solar power at CSO, the Vehicle Maintenance Shop, and the HHW Facility. The public hearing was opened and closed without comments. Member Causey noted that the triple bottom line benefits identified in the position paper are only those benefits that affect the District. In the future, he would be interested in learning about benefits beyond the District, such as environmental benefits and PG &E's reliance on non - conventional power options. It was moved by Member Causey and seconded by Member Williams to: Book 64 —Page 10 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of February 19, 2015 1. Make the following findings as required by California Government Code Section 4217.12: a. The notice for the public hearing held pursuant to Government Code Section 4217.12 was given at least two weeks in advance of the public hearing. b. The terms of the three power purchase agreements with Sun Edison, LLC are in the best interest of the District; C. The anticipated costs to the District for electrical energy provided by the power purchase agreements will be less than the anticipated marginal cost to the District for other energy that would have been consumed by the District in the absence of the power purchase agreements; and d. That Government Code Section 4217.12 (a) (2) is not applicable to these agreements. 2. Authorize the General Manager to execute three power purchase agreements with Sun Edison, LLC to supply power generated by solar photovoltaic panels to the District's Household Hazardous Waste Facility, Collection System Operations Building, and Vehicle Maintenance Shop. Motion passed by the following vote of the Board: AYES: Members: NOES: Members: ABSTAIN: Members: a. GENERAL MANAGER Causey, Williams, McGill Nejedly, Pilecki None 6. REPORTS 1) Consider request made at February 5 2015 meeting by Maryann Cella from Save Open Space - Danville to reconsider participation in District Annexation 186 (Magee Ranch) Mr. Bailey noted that at the last Board meeting, Ms. Maryann Cella, a representative of Save Open Space (SOS) - Danville, requested the District withdraw its District Annexation (DA) 186 application to Contra Costa LAFCO related to the Magee Ranch project because of ongoing litigation. The application addresses annexation of the approved Magee Ranch Subdivision in Danville to the District and East Bay Municipal Utility District (EBMUD). Engineering Assistant III Russ Leavitt provided a brief presentation in response to the Board's request for additional information and responded to questions from Board Members about the cost implications of withdrawing the Book 64 — Page 11 2) CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of February 19, 2015 application and possibly resubmitting it in the future if the Magee Ranch project were to go forward once the pending legal issues are resolved, as well as the general reasons the District submits annexation applications. Ms. Celia requested that the Board rescind its application. The Board Members and District Counsel Kent Alm discussed the situation at length. Members Nejedly and Causey said the District's Board is charged with viewing the issue from a sewer capacity standpoint, not a land use standpoint. Member Williams expressed concern that proceeding with the annexation when there ultimately may be no specific project associated with the annexed property could remove a hurdle for a future developer to put forth a project that would diminish the open space. He moved to agendize at a future meeting that the Board consider withdrawing its application for DA 186. Member Pilecki seconded the motion. Upon motion duly made and seconded, the Board voted, via roll call vote, against bringing back the matter for consideration at a future meeting, thus allowing LAFCO's processing of DA 186 to continue: AYES: Members: Pilecki, Williams NOES: Members: Causey, Nejedly, McGill ABSTAIN: Members: None Receive Pollution Prevention Report for 2014 and Pollution Prevention Plan for 2015. Reviewed by Real Estate, Environmental & Planning Committee. Provisional Associate Engineer Melody LaBella provided an update on the District's Pollution Prevention Program, including highlights from the 2014 Pollution Prevention Annual Report and the 2015 Pollution Prevention Plan. As Board Liaison for the City of San Ramon, Member Causey asked if staff has looked at potential ways to enhance participation by San Ramon residents in the District's Household Hazardous Waste program. Possibilities include implementing a program to assist when properties change hands, or partnering with Dublin San Ramon Sanitary District's program. President McGill suggested that this be added as an item on the parking lot for the Real Estate, Environmental & Planning (REEP) Committee. The Board received the report. Book 64 — Page 12 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of February 19, 2015 3) Receive 2014 Collection System Sanitary Sewer Overflow Annual Report Deputy General Manager Ann Sasaki presented the Annual Report of Sanitary Sewer Overflows for calendar year 2014, which outlined the performance of the collection system for last year. The Board received the report. 4) Receive information regarding otential local vendor Preference policV. Administration Committee recommended a presentation to the full Board [Continued from February 5, 2015.] Purchasing and Materials Manager Stephanie King referred to the information on a potential local vendor preference policy that was included with the agenda packet and asked for Board direction as to whether there was interest in developing such a policy. President McGill and Member Nejedly were in favor of developing a local vendor preference policy, but Members Williams, Pilecki and Causey were not. The reasons included the relatively narrow number of purchases to which such a policy could realistically apply, the fact that there would be little economic impact to the District because special districts do not benefit from sales tax revenue, as do most cities and counties, and concerns about the burden on staff to administer such a policy. President McGill noted that that staff currently informally encourages local vendors in various ways and he polled the Board Members as to whether they were in favor of asking staff to prepare a summary of their current informal practices for presenting the Administration Committee with a view toward possibly formalizing them in some way. President McGill and Members Pilecki and Williams were in favor; Member Causey was opposed. Member Nejedly said his opinion was already on record. That being the case, Ms. King said she would prepare a summary of the District's current informal practices with regard to local vendor preference for presentation to the Administration Committee. 5) Consider scheduling Board Member training session as suggested by Board Member Williams at the January 8 2015 meeting Mr. Bailey requested Board direction with regard to whether the Board desired that staff coordinate a Board governance workshop. If so, he inquired as to their preferences in terms of timing, location and attendees. Member Williams reiterated his suggestion, noting that he believes it is good practice to periodically review Board governance, as there is always room for improvement. Book 64 — Page 13 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of February 19, 2015 Member Nejedly expressly stated that such a workshop was not needed. The Board has held several workshops in recent months which has place a great burden on staff. Member Causey believed that such a workshop would be beneficial as soon as possible and said Brent Ives, in his opinion, would be a good facilitator. He suggested participants be limited to Board Members. President McGill said it would be appropriate for the Board to take time to evaluate its own performance, including examining what matters fall within the reach of the Board. It would be helpful to gain clarity in that respect. He suggested the participants should include the Board Members, General Manager and three Department Directors. Member Pilecki queried what the objective or desired outcome was for such a workshop. Having recently attended a Board governance workshop similar to what would be presented by Mr. Ives, he did not believe it would address the current issues facing this Board. To be most effective and ensure the workshop is the most productive, he suggested that a facilitator interview each Board Member in advance and all Board Members complete a self - assessment survey regarding governing board effectiveness. Ultimately, the Board requested that the General Manager prepare a proposal for a potential Board governance training session based on input given at the meeting. The proposal shall be presented to the Administration Committee for review and comment prior to presenting to the full Board. 6) General Manager Announcements The following announcements were included with the agenda packet: a) 2014 Title V Clean Air Act Annual Report b) Public Bidding for M1 CIPP Rehabilitation Project, District Project 8424 c) California Association of Sanitation Agencies (CASA) Legislative Conference in Washington, D.C. — February 23 -25, 2015 d) NTEA Work Truck Show in Indianapolis, Indiana - March 2 -6, 2015 e) 2015 North American Society for Trenchless Technology (NASTT) Conference in Denver, Colorado - March 16 -19, 2015 f) BAYWORK Event Held February 4, 2015 No additional announcements were made at the meeting. Book 64 — Page 14 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of February 19, 2015 b. COUNSEL FOR THE DISTRICT 1) Announce closed session (pursuant to Government Code Section 54957.7) District Counsel Kent Alm announced closed session Items 9.a. through 9.c. c. SECRETARY OF THE DISTRICT Secretary of the District Elaine Boehme announced the upcoming meeting of the Finance Committee on February 23, 2015 at 3:00 p.m. and noted that the March 5, 2015 Board meeting will begin at 1:00 p.m. rather than the usual 2:00 p.m. d. BOARD MEMBERS 1) Board Member reports on recent meetings for which thev received the stipend: and meetings or conferences for which the District paid their expenses; future meetings or conferences for which thev will receive the stipend or for which the District will pay their expenses Member Causey Member Causey reported that he attended the Walnut Creek State of the City Luncheon held January 26, 2015. a) Member Causey and Member Nejedly reported on the February 11, 2015 meeting of the Engineering & Operations Committee. The Board received the report without comment. Member Neiedly b) Member Nejedly and Member Pilecki reported on the February 9, 2015 meeting of the Finance Committee. The Board received the report without comment. Member Pilecki c) Member Pilecki and President McGill reported on the February 10, 2015 meeting of the Real Estate, Environmental & Planning Committee. The Board received the report without comment. Member Pilecki also reported that he attended the Martinez State of the City Breakfast held February 17, 2015. Member Williams d) Member Williams and President McGill reported on the February 9, 2015 meeting of the Administration Committee. The Board received the report without comment. Book 64 — Page 15 None. None. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of February 19, 2015 President McGill President McGill reported that he attended the February 5, 2015 Contra Costa Mayors' Conferenced hosted by the City of El Cerrito and the February 11, 2015 Candidates Forum Luncheon sponsored by the East Bay Leadership Council and League of Women Voters Diablo Valley, featuring State Senate District 7 Candidates Joan Buchanan, Susan Bonilla and Steve Glazer. 2) Board Member Announcements President McGill provided a written report covering his announcements and other meetings and announced that he has been working with staff on several issues, including the timing of advance submission of Board presentations, physical changes to the Board Room, the process for reporting of minutes, and possible restructuring of ongoing legal services. 3) Board Member requests for advance authorization to receive a stipend for meeting attendance not specifically addressed in the current Board Compensation Resolution President McGill stated that he was asked to attend the annual meeting of the WateReuse Research Foundation from March 15 -18, 2015 in Los Angeles and requested advance authorization to cover his travel expenses. The Board Members unanimously approved the request. 7. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 8. SUGGESTIONS FOR FUTURE AGENDA ITEMS 9. CLOSED SESSION The Board recessed at 4:20 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): • 69 La Espiral in Orinda. Book 64 — Page 16 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of February 19, 2015 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: District Negotiators: • Labor Relations Consultant Stacey Cue, Esq. of IEDA • General Manager Roger S. Bailey • Deputy General Manager Ann Sasaki • Director of Administration David Heath • Secretary of 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 5:08 p.m. to reconvene in the Board Room in open session. 10. REPORT OUT OF CLOSED SESSION District Counsel Kent Alm reported that direction was given to legal counsel with respect Item 9.a. No report was given with respect to Items 9.b. and 9.c. 11. ADJOURNMENT There being no further business to come before the Board, President McGill adjourned the meeting at 5:10 p.m. Michael R. McGill President of the Board of Directors Central Contra Costa Sanitary District COUNTERSIGNED: 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 Book 64 — Page 17