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HomeMy WebLinkAboutBOARD MINUTES 11-05-15MINUTES* Central Contra Costa Sanitary District REGULAR BOARD MEETING Board Room Thursday, November 5, 2015 2:00 p.m. 1. ROLL CALL BOARD OF DIRECTORS: MICHAEL R MCGILL Prr, stden t TAD J PILECKI President Pro Tem PAUL H. CAUSEY JAMES A. NEJEDLY DAVID R WILLIAMS A regular meeting of the Board of Directors was called to order by President McGill at 2 :00 p.m. Secretary of the District Elaine Boehme called roll: PRESENT. • Members: Causey, Nejedly, Pilecki, Williams, McGill ABSENT. Members: None a. Pledge of Allegiance to the Flag The Board, staff and audience joined in the Pledge of Allegiance. 2. PUBLIC COMMENTS None. 3. CONSENT CALENDAR a. Approve minutes of October 15, 2015 Board meeting. b. Approve expenditures dated November 5, 2015. Approval recommended by Finance Committee. C. Receive September 2015 Financial Statements and Investment Reports. Approval recommended by Finance Committee. d. Approve proposed Board Member conference attendance for 2016. Approval recommended by Administration Committee. These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. Book 64 — Page 124 CENTRAL CONTRA COSTA SANITARY DISTRICT November 5, 2015 Board Meeting Minutes — Book 64 - Page 125 e. Approve updates to the following Board Policies: 1) Board Policy No. BP 010 —Contractual Assessment Districts (CADs); and 2) Board Policy No. BP 022 -Alhambra Valley Assessment Districts (AVADs). Approval recommended by Administration Committee. f. Authorize the General Manager to execute an agreement with Alliant Employee Benefits to provide employee benefits broker services. Approval recommended by Administration Committee. g. Adopt Resolution No. 2015 -038 authorizing the execution of three quitclaim deeds to Manuel and Elba Gomez, Drew and Heather Bennett, and Adrian and Vanessa Kayari, for offers of dedication of sanitary sewer easements located on Livorna Road in Alamo (Job 6572); and authorizing staff to record documents in the Office of the Contra Costa County Recorder. h. Approve 6.6 percent salary adjustment (from $234,496.08 to $250,000 per year) for General Manager Roger S. Bailey and amendments to his 2013 Employment Agreement effective retroactively to August 19, 2015. Renew contract with District labor and employment counsel Hanson Bridgett LLP and W. Daniel Clinton effective January 1, 2016 for a one -year period, with an option to renew for a second year. Approval recommended by Administration Committee. j. Approve a contingency project in an amount not to exceed $115,000 for installation of an automated commercial recycled water truck fill station on the District's Kiewit property, and approve a supplemental authorization of $80,000 from the Sewer Construction Fund to the Recycled Water Program Contingency Account. Approval recommended by Engineering & Operations Committee. General Manager Roger Bailey stated that Item 3.j. was deferred for consideration at a later date. Member Pilecki requested that Item 3.h. be pulled for discussion. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Causey to adopt Consent Calendar Items 3.a -3.g. and Item 3.i, as recommended, and to defer Item 3.j. Motion passed by unanimous vote of the Board. With respect to Item 3.h., Member Pilecki said he preferred using pool cars and mileage reimbursement rather than the monthly car allowance included in the proposed amendment to Mr. Bailey's Employment Agreement. He said his decision to vote against the amendment was on that basis alone and not a reflection on Mr. Bailey's job performance, which has been excellent. CENTRAL CONTRA COSTA SANITARY DISTRICT November 5, 2015 Board Meeting Minutes — Book 64 - Page 126 BOARD ACTION: Motion was made by Member Causey and seconded by Member Nejedly to adopt Consent Calendar Item. 3.h. as recommended. Motion passed by the following vote: AYES: Causey, Nejedly, Williams, McGill NOES: Pilecki ABSTAIN: None 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Due to time constraints, closed session Item 9.a. was taken out of order, in the middle of the discussion of Item 6. a. Following the closed session, the discussion briefly resumed for Item 6.a. 5. REPORTS a. General Manager 1) Presentation by consultant Dave Richardson, P.E. of RMC Water and Environment on the District's Recycled Water Wholesaling Study. Reviewed by Real Estate, Environmental & Planning Committee. Mr. Bailey said the Board has expressed a strong desire to help augment the region's water supply with the treated effluent produced at the District's plant. In order to accomplish that, earlier in the year, consultant RMC Water and Environment was retained to help identify potential wholesale customers and issues surrounding how to utilize more of the District's recycled water. He acknowledged that this topic involves very complex water supply issues, which can be riddled with legal and physical constraints as well as institutional concerns. Before introducing Dave Richardson of RMC to present the results of the study, Mr. Bailey acknowledged the general managers and representatives from local water sector agencies who were in attendance and thanked them for their interest. He said the District did not wish to overlook the concerns that other agencies may have with the scenarios presented by RMC. Mr. Richardson reviewed his presentation on the results of the recycled water wholesaling study that was included with the agenda materials and responded to questions from the Board Members. The public comment period began with Bob Whitley, Co -Chair of the East Bay Leadership Council (EBLC) Water Task Force, who stated that the report is a good starting point. He called on all water sector agencies to work together and develop a strategy for the best way to manage water resources. CENTRAL CONTRA COSTA SANITARY DISTRICT November 5, 2015 Board Meeting Minutes — Book 64 - Page 127 Gary Darling, General Manager of Delta Diablo and Co -Chair of the EBLC Water Task Force echoed Mr. Whitley's comments about the importance of working together. Bert Michalczyk, recently retired General Manager of Dublin San Ramon Services District ( DSRSD) and a Central San ratepayer, noted that the District's service area overlaps three major water systems: Contra Costa Water District (CCWD), East Bay Municipal Utility District (EBMUD), and DSRSD (which provides clean water to the Dougherty Valley). He suggested solving water issues one at a time by not overlooking "quick wins" and doing the right thing for the community. Chad Davisson, General Manager of Ironhouse Sanitary District, noted that the situation the water agencies find themselves in today is the result of a "siloed way of thinking," which makes working together problematic. He was very pleased to have the opportunity to hear the presentation and be a part of the discussion. Member Pilecki said that, from a recycled water perspective, the District needs to pursue something that works for everyone. He also pointed out that Central San is moving forward with smaller projects, such as the Diablo Country Club satellite recycled water scalping plant. Member Williams cited the Urban Water Management Act of California, which states that it is the responsibility of the water districts to provide future water supplies to their customers. He said water districts are balancing a very difficult issue because recycled water is expensive. He said he has a problem with Central San, as a wastewater agency, thinking it knows what is best for drinking water agencies. The District, moving forward on its own to provide recycled water when it is the water districts' responsibility to do so creates government chaos. The solution is to cooperate and collaborate with the water agencies. Member Nejedly said that until there is cooperation from the water agencies, the District will be fighting an uphill battle to do what is right and make something happen with respect to the more than 20 million gallons per day of treated effluent water that is generated by Central San. Utilizing the District's treated effluent in place of potable water whenever possible is the right thing to do. He expressed appreciation to all the water sector representatives for attending the meeting. Member Causey said the most important takeaway from this discussion was the importance of everyone working together as collaborators to solve these difficult challenges. He cited the importance of looking forward, not back, to better serve customers. CENTRAL CONTRA COSTA SANITARY DISTRICT November 5, 2015 Board Meeting Minutes — Book 64 - Page 128 BOARD ACTION: Received the presentation and provided input. 2) General Manager Announcements a. Annual notices mailed to Reimbursement Account Holders b. LAFCO removes District Annexation (DA) 186 -Magee Ranch (Danville) from its calendar C. District renews Transparency Certificate of Excellence offered by the California Special Districts Association (CSDA) d. Update on Residential Recycled Water Fill Station BOARD ACTION: Received the announcements. b. Counsel for the District 1) Announce closed session (pursuant to Government Code Section 54957.7) District Counsel Kent Alm announced that a closed session would be held for Item 9. a. 2) District Counsel Kent Alm announced that his associate, Linda Ross, who has been working under his supervision to represent the District in ongoing litigation involving Contra Costa County Retirement Association (CCCERA), recently left Meyers Nave to join a law firm specializing in labor and employment law, Renne Sloan Holtzman Sakai LLP. Absent any objections from the Board, Mr. Alm said he plans to continue working with Ms. Ross through her new firm due to her familiarity with the cases and the superior work she has provided to date. BOARD ACTION: Received the announcements. C. Secretary of the District Ms. Boehme announced the following upcoming meetings: Board Strategic Planning Workshop — Friday, November 6 at 8:30 a.m. Finance — Tuesday, November 10 at 2 p.m. Engineering & Operations, Tuesday, November 10 at 3 p.m. Real Estate, Environmental & Planning — Thursday, November 12 at 2 p.m. BOARD ACTION: Received the announcements. CENTRAL CONTRA COSTA SANITARY DISTRICT November 5, 2015 Board Meeting Minutes — Book 64 - Page 129 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 Nejedly a) October 27, 2015 — Finance Committee meeting — Member Nejedly and Member Pilecki. Member Pilecki b) October 13, 2015 — Real Estate, Environmental & Planning Committee meeting — Member Pilecki and President McGill. c) October 16, 2015 — Real Estate, Environmental & Planning Committee meeting — Member Pilecki and President McGill. President McGill • October 19, 2015 — California Special Districts Association — Contra Costa Chapter quarterly meeting. • October 19 -23 — California Public Employers Labor Relations Association (CALPELRA) Conference in Monterey. d) October 26, 2015 — Administration Committee meeting — President McGill and Member Pilecki (Alternate). BOARD ACTION: Received the reports. 2) Board Member Announcements President McGill provided a written report covering his announcements and other meetings. BOARD ACTION: Received the announcements. 3) Board Member requests for 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. No requests. CENTRAL CONTRA COSTA SANITARY DISTRICT November 5, 2015 Board Meeting Minutes — Book 64 - Page 130 4) Consider appointing Member Pilecki as Board Liaison to Mt. View Sanitary District — President McGill. Mr. Alm noted that, as with other Board Liaison appointments, Mr. Pilecki would be entitled to a stipend. BOARD ACTION: Motion was made by Member Williams and seconded by President McGill to appoint Member Pilecki as Board Liaison to Mt. View Sanitary District. Motion passed by the following vote: AYES: Causey, Nejedly, Williams, McGill NOES: None ABSTAIN: Pilecki 6. ENGINEERING a. Discuss Draft Goals and Levels of Service to guide policy decisions in conjunction with the Comprehensive Wastewater Master Plan (CWMP) Reviewed by Real Estate, Environmental & Planning Committee. Consultant Steve McDonald of Carollo Engineers reviewed an abbreviated version of his presentation included with the agenda materials. Director of Engineering and Technical Services Jean -Marc Petit started to review the presentation of CWMP Goals and Levels of Service; however, due to time constraints, the Board Members interrupted the discussion to briefly meet in closed session regarding Item 9.a. Upon returning from closed session and in the interest of time, Mr. Bailey suggested that staff provide each Board Member with an electronic copy of the draft Goals and Levels of Services to allow each of them to redline any suggested changes. Staff will compile the suggestions and return to the Board at a future meeting to discuss further. Mr. Bailey noted that the focus should be on the Levels of Service more than the Goals. Member Causey noted that "resource recovery" encompasses more than wastewater and suggested using the term "water sector" agencies to better capture what the future will look like. There was general consensus to adopt this suggestion. BOARD ACTION: Received the presentation. 7. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. CENTRAL CONTRA COSTA SANITARY DISTRICT November 5, 2015 Board Meeting Minutes — Book 64 - Page 131 8. SUGGESTIONS FOR FUTURE AGENDA ITEMS None. 9. CLOSED SESSION (not on video) This item was taken out of order, during the middle of Item 6.a. The Board recessed at 4:36 p.m. to convene in closed session in the Caucus Room regarding the following matter. a. 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 4:52 p.m. to reconvene in the Board Room in open session to continue the discussion of Item 6.a. 10. REPORT OUT OF CLOSED SESSION With regard to the Item 9. a., Mr. Alm reported that direction was given to District Counsel. 11. ADJOURNMENT The meeting was adjourned at 4:59 p.m. Michael R. Mo Pff 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 Centra! Contra Costa Sanitary District County of Contra Costa, State of California