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HomeMy WebLinkAbout09.a. Approve minutes of 03-03-16 meeting ® e 99L Central Contra Costa Sanitaty District MINUTES* BOARD OF DIRECTORS: TAD J.PILECKI Board Room President H.CAUSEY Thursday, March 3, 2016 President Pro Te,n 1:00 P.M. MICHAEL R.MCCILL JAMES A.NEJEDLY p DAVID R. WILLIAMS SPECIAL BOARD MEETING Closed Session - Caucus Room 1 . ROLL CALL A special meeting of the Board of Directors was called to order by President Pilecki at 1:00 p.m. in the Caucus Room. PRESENT.- Members: Causey, McGill, Nejedly, Williams, Pilecki ABSENT: Members: None 2. PUBLIC COMMENTS None. 3. ANNOUNCE CLOSED SESSION (pursuant to Government Code Section 54957.7) District Counsel Kent Alm announced that a closed session would be held for Items 4.a, and 4.b. 4. CLOSED SESSION a. Personnel matters pursuant to Government Code Section 54957: Public Employee Discipline/Dismissal/Release. b. Conference with labor negotiators pursuant to Government Code Section 54957.6: District Negotiators: • Labor Relations Consultants Bruce Heid and Stacey Cue of IEDA • General Manager Roger S. Bailey These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. CENTRAL CONTRA COSTA SANITARY DISTRICT March 3, 2016 Special and Regular Board Meeting Minutes-Page 2 Employee Organizations: • Employees' Association, Public Employees Union, Local One • Management Support/Confidential Group (MS/CG) • Management Group 5. ADJOURNMENT The meeting was adjourned at 2.20 p.m., after which the Board reconvened in open session in the Board Room at 2:22 p.m. REGULAR BOARD MEETING Open Session - Board Room 1. ROLL CALL A regular meeting of the Board of Directors was called to order by President Pilecki at 2:22 p.m. Secretary of the District Elaine Boehme called roll: PRESENT Members: Causey, McGill, Nejedly, Williams, Pilecki ABSENT. None a. Pledge of Allegiance to the Flag The Board, staff and audience joined in the Pledge of Allegiance. b. Introduction • Chris Pentes, Assistant Land Surveyor in the Engineering/Capital Projects Division, effective February 9, 2016. BOARD ACTION: Welcomed Mr. Pentes. 2. REPORT OUT OF CLOSED SESSION With regard to the Closed Session held in the Caucus Room immediately prior to the regular meeting, it was reported as follows: Item 4.a. - Mr. Alm reported that direction was given to staff. Item 4.b. —Mr. Alm said there was no reportable action. 3. PUBLIC COMMENTS None. CENTRAL CONTRA COSTA SANITARY DISTRICT March 3, 2016 Special and Regular Board Meeting Minutes - Page 3 4. CONSENT CALENDAR a. Approve minutes of February 18, 2016 Board meeting. b. Approve expenditures dated March 3, 2016. Approval recommended by Finance Committee. C. Receive January 2016 Financial Statements and Investment Reports. Approval recommended by Finance Committee. d. Receive 2015 Annual Report of the ICMA Deferred Compensation Plans. e. Adopt Resolution No. 2016-008 confirming denial of the appeal of Mr. Tom Heffernan, owner of the property located at 2500 Annalisa Drive in Concord (Gaffe Classico), with findings. f. Set public hearing for April 7, 2016 at 2:00 p.m. to consider the establishing South Jackson Way Contractual Assessment District (CAD) No. 2016-1 in Alamo. Member Williams requested to pull Item 4.e. for discussion. BOARD ACTION: Motion was made by Member Causey and seconded by Member Nejedly to adopt Consent Calendar Items 4.a.-4.d. and U. as recommended. Motion passed by unanimous vote. [5-0] Member Williams sought to clarify that his voting in favor of the proposed resolution simply confirmed the Board's February 4, 2016 decision to deny the appeal, which decision was adopted by a 4-1 vote, with him casting the dissenting vote. Mr. Alm confirmed that this understanding was correct, the resolution simply memorializes the basis for the decision made on February 4 by a majority of the Board Members. BOARD ACTION: Motion was made by Member Williams and seconded by Member Causey to adopt Consent Calendar Item 4.e. as recommended. Motion passed by unanimous vote. [5-0] 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER President Pilecki announced that Item 7.a. would be taken out of order to accommodate invited guests representing the Diablo Country Club. CENTRAL CONTRA COSTA SANITARY DISTRICT March 3, 2016 Special and Regular Board Meeting Minutes-Page 4 6. REPORTS a. General Manager 1) Receive the 2015 National Pollutant Discharge Elimination System (NPDES) Annual Report. [Postponed from February 4, 2016.] 2) Receive the 2015 Collection System Sanitary Sewer Overflow Annual Report. 3) Receive the 2015 Annual Pollution Prevention Report, including Pollution Prevention Plan for 2016. 4) Receive the 2015 Safety Program Annual Summary. BOARD ACTION: Received the reports. 5) General Manager Announcements a) Public Bidding for the Laboratory HVAC Upgrade and Repair Project, District Project 7319 b) Public Bidding for the Headquarters Office Building (HOB) Improvements (Garden Level), District Project 8234 C) Public Bidding for the Pump and Blower Building Seismic Upgrades, District Project 7291 d) Public Bidding for the Television Inspection of Sanitary Sewers e) Contract Awarded for the Recycled Water (REW) Commercial Truck Fill Station, District Project 7347 f) District to Host Sewer Summits on March 24 and April 26, 2016 for Local Municipalities g) Amy Hernandez to Attend 2016 North American Society for Trenchless Technology (NASTT) Conference in Dallas, March 20-23, 2016 The following announcements were distributed shortly before the meeting: h) Central San to Celebrate "Bring a Child to Work Day" — Friday, April 1, 2016 CENTRAL CONTRA COSTA SANITARY DISTRICT March 3, 2016 Special and Regular Board Meeting Minutes -Page 5 i) Central San Selected to Receive the Champion of Youth Advocacy Award from the Workforce Development Board of Contra Costa County No further announcements were made at the meeting. BOARD ACTION: Received the announcements. b. Counsel for the District Mr. Alm stated that a decision was recently published in a case brought by Ross Valley Sanitary District which holds that there are no force account limits for sanitary districts. He said he expects the decision to be challenged by the construction industry and ultimately does not know whether it will stand. Member Nejedly left the meeting at 3:20 p.m. C. Secretary of the District Secretary of the District Elaine Boehme announced that blank Fair Political Practices Commission Form 700s were at the Board Members'places and due by month end. She also announced the following upcoming Committee meetings: Engineering & Operations — Tuesday, March 8 at 10:30 a.m. Real Estate, Environmental& Planning Tuesday, March 8 at 3:00 p.m. Administration — Thursday, March 10 at 8:30 a.m. (2"d Floor Conf. Room) 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 Neiedly — No Report. Member Causey • February 21-24, 2016 - National Association of Clean Water Agencies (NACWA) Winter Conference in San Diego. Member McGill • February 19, 2016 — Pleasant Hill Mayor's Breakfast and State of the City Address. CENTRAL CONTRA COSTA SANITARY DISTRICT March 3, 2016 Special and Regular Board Meeting Minutes-Page 6 • February 22-24, 2016 — California Association of Sanitation Agencies (CASA) Legislative Conference in Washington, D.C. • February 25, 2016 — Industrial Association of Contra Costa County (IACCC) February Forum in Pleasant Hill. Speaker: Eloy Garcia regarding legislation, greenhouse gas, fuel and the state budget. Member Williams • February 22-24, 2016 — California Association of Sanitation Agencies (CASA) Legislative Conference in Washington, D.C. a) February 25, 2016 —Administration Committee meeting — Member Williams and Member McGill. During Member Williams'report out, it was noted that staff is currently setting up internal processes to track pending legislation, keep the Board informed of those affecting the District, and obtain the Board's position when appropriate. President Pilecki b) February 19, 2016 — Finance Committee meeting — President Pilecki and Member Causey. President Pilecki also reported that he, Member Causey and Member McGill will represent the District at a breakfast on March 4, 2016 put on by the County's Workforce Development Board Earn & Learn East Bay program. The District will be receiving the "Champion of Youth Advocacy Award"in recognition of its long-standing program for hiring summer students and providing opportunities for students through the Cooperative Education Program with various universities. BOARD ACTION: Received the reports. 2) Board Member Announcements Member McGill provided a written report covering his announcements and other meetings. BOARD ACTION: Received the announcements. CENTRAL CONTRA COSTA SANITARYDISTRICT March 3, 2016 Special and Regular Board Meeting Minutes-Page 7 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. 7. ENGINEERING a. With regard to a proposed Demonstration Satellite Water Recycling Facility (SWRF) at Diablo Country Club (DCC) that would produce recycled water for landscape irrigation: [Reviewed by Real Estate, Environmental & Planning Committee.] Tom Terrill, representing DCC, said they are looking forward to receiving guidance on how to move forward with the proposed Demonstration SWRF. DCC wants to use a public-private partnership (P3) model for the project. Member McGill noted that the Real Estate, Environmental& Planning Committee was supportive of Implementation Model 3 described in the Position Paper included with the agenda material. That model is one in which the District would finance, own and operate the SWRF and DCC would pay for the full cost of recycled water supplied. Also, relative to the principles set forth at the end of the Position Paper, he had the following comments: Principal 1 — The term "cost neutral"should be changed to allow for the potential of a positive financial consequence to the District. Principle 3— Since the District would always comply with CEQA, Member McGill felt this principle was redundant to Principle 5. With regard to Principle 3, Member Causey said leaving in the item, whether or not redundant, would serve to allay the concerns expressed by the Town of Danville about the CEQA process. Also, Member Causey suggested that Principal 4 be augmented to include the Town of Danville, given their concerns about traffic, odor, ownership, cost, etc. related to the project. Finally, Member Causey said that while he was comfortable with Implementation Model 3 for DCC given the time restraints, he would also like any future agreement to allow for the more preferable water wheeling option in the long term. Mr. Bailey suggested using the term "full cost recovery"rather than "cost neutral"in Principal 1 to address Member McGill's comment above. President Pilecki said he was comfortable with changing from "cost neutral" to "full cost recovery"in Principle 1 and adding the Town of Danville to Principle 4. However, he said his primary concern was with Principle 2 and CENTRAL CONTRA COSTA SANITARY DISTRICT March 3, 2016 Special and Regular Board Meeting Minutes-Page 8 whether it would force the District to provide the financing for the project if a Clean Water State Revolving Fund(CWSRF) loan was not available. Mr. Bailey said no other method of financing was envisioned under Principle 2. 1) Consider pursuing a Demonstration SRWF at DCC in concept. BOARD ACTION: Motion was made by Member Nejedly and seconded by Member Causey to support a Demonstration SWRF at DCC in concept. Motion passed by unanimous vote of the Board. [5-0] 2) Consider authorizing the General Manager to proceed with development of a Demonstration SWRF at DCC, including preparation of an agreement with DCC consistent with the principles outlined in the attached Position Paper, which will be brought back to the Board for consideration at a future meeting. BOARD ACTION: Motion was made by Member McGill and seconded by Member Causey to authorize the General Manager to proceed with development of a Demonstration SWRF at DCC, including preparation of an agreement with DCC consistent with the following principles which will be brought back to the Board for consideration at a future meeting: 1, The SWRF Demonstration Project will be full cost recovery for the District; 2. The District will pursue CSWRF financing for the project; 3. Appropriate CEQA consideration and documentation will be undertaken; 4. EBMUD and Town of Danville project concerns and authorization will be addressed; 5. Legal constraints and liability issues, both short term and Long term, will be addressed; and 6. The Demonstration Project will use Implementation Model 3 in which the District would finance, own and operate the SWRF, and DCC would pay for the full cost of recycled water supplied to produce up to 0.5 million gallons per day of recycled water for landscape irrigation. Motion passed by unanimous vote of the Board. [5-0] 8. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. CENTRAL CONTRA COSTA SANITARY DISTRICT March 3, 2016 Special and Regular Board Meeting Minutes- Page 9 9. SUGGESTIONS FOR FUTURE AGENDA ITEMS a. Member McGill suggested that the Board Members give thought to who they may wish to nominate for the Seat B position on the California Special Districts Association Board that will be vacated at the end of the year by incumbent Sherry Sterrett who is not seeking re-election. b. With regard to Member Causey's comment during his report out of the recent NACWA Conference that Environmental Protection Agency (EPA) funding for the CWSRF program may be cut, Member Pilecki asked if there was consensus among the Board Members to request the General Manager send a letter to the EPA on behalf of the District in support of reinstating funding for the program. It was the consensus of the Board Members present that such a letter should be sent. 10. ADJOURNMENT The meeting was adjourned at 4:00 p.m. Tad J. Pilecki 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 Central Contra Costa Sanitary District County of Contra Costa, State of California