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HomeMy WebLinkAbout03.a. Approve minutes of 7-23-15 Board meeting3.a. MINUTES OF THE SPECIAL MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JULY 23, 2015 The Board of Directors of the Central Contra Costa Sanitary District convened in a special meeting in the Board Room, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on Thursday, July 23, 2015. President McGill called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Causey, Pilecki, Williams, McGill ABSENT: Members: Nejedly 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 minutes of July 9, 2015 Board meeting. b. Approve expenditures dated July 23, 2015. Approval recommended by Finance Committee. C. Rescind Resolution No. 2004 -074 and adopt new Board Policy No. BP 020 — Minute Style and Video Recording of Board Meetings authorizing the preparation of action minutes and the video recording of Board meetings with a single- camera setup. Approval recommended by Administration Committee. d. Approve updates to Board Policy No. BP 013 — Standing Committee Charters. Approval recommended by Administration Committee. Item 3.c. was pulled for discussion by Member Pilecki. It was moved by Member Causey and seconded by Member Williams to adopt Consent Calendar Items 3.a., 3.b. and 3.d. Motion passed by unanimous vote of the Board Members present. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 23, 2015 With regard to Item 3.c., Member Pilecki expressed concern about not being able to tell who was speaking with a single- camera video recording. He suggested concurrently running a single- camera video operation alongside the current method of preparing detailed summary minutes for two or three months to assess how well it works. Member Causey opined that concurrently using both methods would place undue burden on staff and the option of returning to the current system is always available. He supported moving forward with the staff recommendation of a single- camera setup and reevaluating after a few months. Following discussion, it was moved by Member Causey and seconded by Member Williams to adopt new Board Policy No. BP 020 — Minute Style and Video Recording of Board Meetings authorizing the preparation of action minutes and the video recording of Board meetings with a single- camera setup, with an evaluation after several months. Motion passed by the following roll call vote: None. AYES: Members: Causey, Williams, McGill NOES: Members: Pilecki ABSENT: Members: Nejedly 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER 5. PUBLIC HEARINGS a. PUBLIC HEARING TO CONSIDER PLACING THE FOLLOWING CHARGES FOR FISCAL YEAR 2015 -16 ON THE CONTRA COSTA COUNTY TAX ROLL FOR COLLECTION: • SEWER SERVICE CHARGES • CAPACITY USE CHARGES • ASSESSMENTS FOR CONTRACTUAL ASSESSMENT DISTRICTS AND ALHAMBRA VALLEY ASSESSMENT DISTRICTS • CHARGES FOR OTHER FEE INSTALLMENT PAYMENT PROGRAMS General Manager Roger S. Bailey said the public hearing was to receive comment prior to considering adoption of a resolution to place the Fiscal Year 2015 -16 Sewer Service Charges, Capacity Use Charges, assessments for Contractual Assessment Districts and Alhambra Valley Assessment Districts, as well as charges for other Fee Installment Payment Programs on the Contra Costa County property tax roll for collection. This item was reviewed by the Finance Committee on July 13, 2015 and the Committee recommended that the resolution be adopted. President McGill opened the public hearing. There being no members of the public present, the public hearing was closed. 2 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 23, 2015 It was moved by Member Williams and seconded by Member Causey to adopt Resolution No. 2015 -017 to place the following charges for Fiscal Year 2015 -16 on the Contra Costa County tax roll for collection: • Sewer Service Charges • Capacity Use Charges • Assessments for Contractual Assessment Districts and Alhambra Valley Assessment Districts • Charges for other Fee Installment Payment Programs. Motion passed by unanimous vote of the Board Members present. 6. BIDS AND AWARDS a. AUTHORIZE GENERAL MANAGER TO: 1) Amend existing professional services agreements with JN Engineering (JNE) and Harvest Technical Services, Inc. (Harvest) by increasing the contract ceilings from $100,000 to $350,000 for JNE and from $100,000 to $250,000 for Harvest, to provide as- needed construction inspection services for the District's Fiscal Year 2015 -16 capital improvement projects. Approval recommended by Engineering & Operations Committee. 2) Execute a professional services agreement with Anchor Engineering in an amount not to exceed $100,000 to provide as- needed construction inspection services for the District's Fiscal Year 2015 -16 capital improvement projects. Reviewed by Engineering & Operations Committee. Capital Projects Division Manager Edgar Lopez provided a brief explanation of the services and proposed recommendations for the Fiscal Year 2015 -16 Capital Improvement Budget that includes several projects planned for construction. To support these projects, staff requested that two existing consultant agreements for as- needed construction inspection services be amended. It was moved by Member Williams and seconded by Member Causey to authorize the General Manager to amend the existing professional services agreements with JNE and Harvest as proposed above. Motion passed by unanimous vote of the Board Members present. Mr. Lopez said staff also requested that a new consulting agreement for as- needed construction inspection services be authorized with Anchor Engineering because, unlike JNE and Harvest, Anchor Engineering is able to perform specialty inspections of electrical and instrumentation controls which will help with Treatment Plant and other projects. Such expertise is needed because long -term employees who used to perform those functions in -house have retired and current staff is not yet fully trained to perform such inspections. 3 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 23, 2015 Member Causey questioned the need for paying a premium to enter into the agreement with Anchor Engineering, stating that it allows for numerous hours' worth of inspections over the duration of the contract, some of which he believes staff should be able to cover. It was moved by Member Williams and seconded by Member Pilecki to authorize the General Manager to execute a professional services agreement with Anchor Engineering as proposed above. Motion passed by the following vote of the Board: AYES: Members: Pilecki, Williams, McGill NOES: Members: Causey ABSENT: Members: Nejedly 7. REPORTS a. GENERAL MANAGER 1) Presentation by Brent H. Ives of BHI Management Consulting on upcoming Board Governance Workshop Mr. Bailey stated that Mr. Ives had recently met with the Administration Committee about the Board Governance Workshop scheduled for September 16, 2015, and will have met individually with each Board Member prior to the Workshop. He introduced Mr. Ives, who provided a brief overview of the upcoming Workshop. Mr. Ives said the Workshop will focus on areas of efficiency, taking into consideration industry best practices, Board dynamics and protocols. 2) Update on CoCo San Sustainable Farm This item was reviewed by the Real Estate, Environmental & Planning Committee on July 14, 2015. Mr. Bailey stated that on July 3, 2014 the District executed a lease with AgLantis for the CoCo San Sustainable Farm on the Kiewit property. The lease terms require an annual report on the Farm's progress, which was the purpose of the report being presented by Planning and Development Services Division Manager Danea Gemmell. Ms. Gemmell presented a brief PowerPoint to update the Board on the current status of the Farm, including the status of the Land Use Permit, and expenditures to date. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 23, 2015 3) General Manager Announcements The following announcements were included in the agenda packet: a) Public bidding for Diesel Fuel Tank Repairs, District Project 6170 b) Contracts signed by General Manager during second quarter 2015 c) Response letter to the California Public Utilities Commission (CPUC) regarding three power purchase agreements Member Pilecki asked if the District could opt out of the power purchase agreements if the anticipated savings were no longer expected. District Counsel Kent Alm acknowledged there would be some cost associated with opting out, but the amount was unknown at this time. Member Pilecki asked the Board Members if they would like to revisit the issue if the rate structure were modified such that the anticipated savings, which formed part of the basis for entering into the agreements, does not materialize. Member Williams said that would be his preference. Mr. Bailey said District Counsel and staff will monitor the situation and keep the Board informed. d) Public hearing to be held August 6, 2015 regarding delinquent charges for capacity fees — Caffe Classico Member Causey requested that staff provide a detailed timeline with regard to this matter prior to the August 6 public hearing. b. COUNSEL FOR THE DISTRICT District Counsel Kent Alm announced that closed sessions would be held with regard to Items 10.a. and 10.b. C. SECRETARY OF THE DISTRICT Secretary of the District Elaine Boehme announced cancellation of the July 27, 2015 Administration Committee meeting, and announced the following upcoming Committee meeting: Finance — Monday, July 27 at 3:00 p.m. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 23, 2015 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 reported on the June 8, 2015 Washington Series Luncheon with Representative Eric Swalwell in San Ramon. He also reported on the July 12 -15, 2015 National Association of Clean Water Agencies ( NACWA) Summer Conference in Providence, Rhode Island. Member Causey also reported that he attended the recent East Bay Leadership Council (EBLC) task force meeting regarding the use of recycled water. He said he was approached by representatives who expressed interest in regular representation from the District on the Water Task Force. Director of Engineering and Technical Services Jean -Marc Petit said staff has been attending the meetings over the past several months. Member Pilecki a) Member Pilecki reported on the July 13, 2015 Finance Committee meeting which was also attended by Member Nejedly. The Board received the report without comment. b) Member Pilecki and President McGill reported on the July 14, 2015 Real Estate, Environmental & Planning Committee meeting. Member Pilecki highlighted two items from the action summary: 1) the request by the City of Martinez to annex and /or assist with Sanitary District No. 6 (SD -6), and 2) financial responsibility for backflow preventers. With regard to the SD -6, Member Causey suggested that the pipes be fully inspected prior to deciding whether to assume responsibility. Member Williams c) Member Williams and President McGill reported on the July 6, 2015 Administration Committee meeting. The Board received the report without comment. Member Williams reported on the July 12 -15, 2015 NACWA Summer Conference in Providence, Rhode Island. Member Williams also reported on the July 20, 2015 California Special Districts Association — Contra Costa Chapter meeting (CCSDA) which he attended as an alternate. He said he cast the District's vote for Stanley Caldwell, who subsequently was elected to fill the unexpired term of A None. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 23, 2015 the alternate special district seat on the Local Area Formation Commission (LAFCO) created by the recent passing of George Schmidt. President McGill President McGill reported on the July 9, 2015 Contra Costa County Mayors' Conference hosted by the City of Clayton. President McGill also reported on the July 23, 2015 meeting that he, Member Williams and Mr. Bailey had with Assemblywoman Catharine Baker regarding recycled water. Member Causey suggested that an open house be arranged for local elected representatives and their staff which would include plant tours so they can see how recycled water is produced. President McGill said he would support that. Member Pilecki suggested that an open invitation be extended to the community at large. Mr. Bailey said staff is presently working on such a concept as part of its outreach efforts and would be interested in a discussion on how to effectively reach out to a broader spectrum of the public. 2) Board Member Announcements President McGill provided a written report covering his announcements and other meetings. President McGill said he will be attending a meeting of the Walnut Creek Chamber of Commerce on July 24, 2015 to make a brief presentation on recycled water. He noted that the meeting will also be attended by Assemblywoman Catharine Baker. He inquired as to whether the meeting should be eligible for a stipend. President McGill also mentioned that he was approached by Lafayette City Council Member Mark Mitchell who requested a meeting with the District and the City Engineer to discuss recycled water and its use in Lafayette. President McGill noted that Member Williams is the Board Liaison for Lafayette so any meeting should be coordinated with him. 3) Board Member requests for advance authorization to receive a stipend for meeting attendance or expense reimbursement not specifically addressed in the current Board Compensation Resolution, or authorization for conference attendance not previously approved by the Board None. 8. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 7 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 23, 2015 9. SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Causey suggested that the Board develop a Board philosophy and policy regarding energy use, including defining what is meant by energy use and what the future energy use should be at the District. Mr. Bailey said a component of the Comprehensive Wastewater Master Plan (CWMP) will address energy; that component will first be reviewed by the Real Estate, Environmental and Planning (REEP) Committee, after which it will be presented to the full Board. President McGill suggested that the timing of performance reviews for the General Manager, Secretary of the District and District Counsel be agendized for a future meeting so they may be conducted simultaneously (possibly facilitated by consultant Larry Bienati), rather than at staggered intervals as at present. He also suggested that the matter be reviewed by the Administration Committee prior to going to the full Board. 10. CLOSED SESSION The Board recessed at 3:38 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(t • One potential case — contractor claims on Lafayette Sewer Renovations, Phase 8, District Proiect 8404. b. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b • 69 La Espiral in Orinda. The Board recessed at 4:32 p.m. to reconvene in the Board Room in open session. 11. REPORT OUT OF CLOSED SESSION Direction was provided to District Counsel. :3 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 23, 2015 12. ADJOURNMENT There being no further business to come before the Board, President McGill adjourned the meeting at 4:33 p.m. Michael R. McGill, P.E. President of the 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 0