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Home My WebLink AboutBOARD MINUTES 09-01-16Central Contra Costa Sanitary District \gm) T� YEARS r, 5019 Imhoff 'lace, Martinez. CA 94553-439? Adam_; ° y °t' Protecting public health and the environment MINUTES* REGULAR BOARD MEETING Board Room Thursday, September 1, 2016 1:30 p.m+ 1. fOLLCALL Open Session — Board Room (Video recorded) 2016 BOARD OF DIRECTORS. TAD 1 PILECKI Pf c.ti IJL U PAUL CAUSE} PrL•titdtiIa Pru Tem ►%II CHAEL R rM MCGILL J. % %IES .4 NEIF. DL } D 1 YID R WILLIAMS MS A regular meeting of the Board of Directors was called to order by President Pilecki at 1:30 p.m. Secretary of the District Elaine Boehme called roll: PRESENT: Members: Causey, Nejedly, Williams, Pilecki ABSENT. Members: McGill a. Pledge of Allegiance The Board, staff and audience joined in the Pledge of Allegiance. b. introductions • Alex Bondad, Utility Worker in the Operations Department — Plant Maintenance Division, effective August 18, 2016. • Damon Dun, Technical Support Analyst in the Information Technology Division, Administration Department, effective August 22, 2016. • Joseph Smith, Technical Support Analyst in the Information Technology Division, Administration Department, effective August 22, 2016, BOARD ACTION: Welcomed Mr. Bondad. The introductions of Mr. Dun and Mr. Smith were continued to the next meeting. These summary minutes are supplemented by a corresponding video recording available on the District's website at cen tra lsan. org. Book 65 -- Page 37 CENTRAL CONTRA COSTA SANITARY DISTRICT September 1, 2016 Board Meeting Minutes — Page 38 2. PUBLIC COMMENT PERIOD No comments. 3. REQUESTS TO CONSIDER MATTERS OUT OF ORDER None. 4. AWARDS AND PRESENTATIONS a. Receive the National Association of Clean Water Agencies (NACWA) 2015 Peak Performance Award —Platinum 18. Following a brief presentation, Plant Operations Division Manager Alan Weer presented the award to Board President Pilecki. BOARD ACTION: Received the award. 5. CONSENT CALENDAR a. Approve minutes of Board meetings held on the following dates: 1) August 18, 2016 (Special); and 2) August 18, 2016 (Regular). b. Approve expenditures dated September 1, 2016. Approval recommended by Finance Committee. c. Receive June 2016 Financial Statements and Investment Reports. Approval recommended by Finance Committee. d. Review and approve both 1) Board Policy No. BP 005 - Statement of Investment Policy, and 2) the Investment Guidelines Document for the Government Accounting Standards Board (GASB) 45 Trust, both with no changes. Approval recommended by Administration Committee. e. Adopt Resolution No. 2016-034 approving changes to the District's Conflict of Interest Code and directing the Secretary of the District to complete the 2016 Conflict of Interest Code Biennial Notice and submit it to the County Board of Supervisors for approval. f. Adopt Resolution No. 2016-035 establishing the appropriations limit in the amount of $100,366,833 for Fiscal Year 2016-17, in accordance with Article XIII B of the California Constitution, using the change in the California per capita personal income percentage and change in population to calculate the appropriations limit. CENTRAL CONTRA COSTA SANITARY DISTRICT September 1, 2016 Board Meeting Minutes — Page 39 BOARD ACTION: Motion was made by Member Nejedly and seconded by Member Causey to adopt the Consent Calendar as recommended. Motion passed by unanimous vote of the Board Members present at the meeting. [4-0; McGill absent.] 5.5 OTHER BOARD ACTION ITEMS a. Receive report on status and schedule delays for three existing Power Purchase Agreements with SunEdison, LLC for solar power at three District - owned locations; and provide direction to staff as may be required to modify the existing agreements. District Counsel Kent Alm stated that the Board convened in closed session immediately prior to this meeting on related matters. He reported that direction was provided to the General Manager, staff and District Counsel. General Manager Roger S. Bailey said there would be no presentation on this matter and that it was the recommendation of staff that the Board authorize the General Manager, with guidance from District Counsel, to negotiate and execute an amendment to the existing Power Purchase Agreements, including transfer of ownership to NRG Energy, Inc. BOARD ACTION: Motion was made by Member Causey and seconded by Member Williams to authorize the General Manager, with guidance from District Counsel, to negotiate and execute an amendment to the existing Power Purchase Agreements, including transfer of ownership to NRG Energy, Inc. Motion passed by unanimous vote of the Board Members present at the meeting. [4-0; McGill absent.] 6. LEGISLATIVE MATTERS Communication Services & intergovernmental Relations Manager Emily Barnett presented an update on pending legislative matters. In terms of priority legislation and other matters, Ms. Barnett noted the following: • SB 1069 (Wieckowski) regarding accessory dwelling units passed the Assembly on August 29, 2016. • Little Hoover Commission Public Hearing on Special Districts -- staff provided testimony at the August 25 hearing and followed up with written response testimony. It is anticipated that further hearings will be held in October 2016. Several Board Members expressed deep concern about the inaccurate information reported by the Howard Jarvis Taxpayers Association as to the District and asked if there has been any acknowledgement by the Commissioners in that regard. General Manager Bailey said he is planning to reach out to the Association to relay the CENTRAL CONTRA COSTA SANITARY DISTRICT September 1, 2016 Board Meeting Minutes --- Page 40 District's point of view and hopefully clarify the situation so accurate figures will be reported in future hearings. BOARD ACTION: Received the update. 7. REPORTS AND ANNOUNCEMENTS a. General Manager 1) Reports a) Receive Fiscal Year 2015-16 Pre -Audit Year -End Financial Statement Summary Report. Reviewed by Finance Committee. b) Receive Fiscal Year 2015-16 Risk Management Annual Report. Reviewed by Administration Committee. Risk Management Administrator Shari Deutsch presented a summary of the Fiscal Year 2015-16 Risk Management Annual Report included with the agenda materials and responded to questions from the Board Members. In follow-up to a question posed by Member Williams at the most recent meeting of the Administration Committee regarding the "Post -Offer, Pre -Employment" Test the District administers for certain positions as a means of determining if a prospective employee can reasonably perform the physical demands of the position, Ms. Deutsch said that one offer has been revoked since the test was implemented ten years ago. BOARD ACTION: Received the reports. 2) Announcements a) Public Bidding for the Headworks Screening Upgrade Project, District Project 7327 b) Staff to Present at CASA/CWEA Communication Essentials Workshop c) General Manager Roger S. Bailey to Participate in Roundtable Discussion in New York on September 8, 2016 d) Pension Contribution Prepayment and Related Savings CENTRAL CONTRA COSTA SANITARY DISTRICT September 1, 2016 Board Meeting Minutes — Page 41 No further announcements were made during the meeting. BOARD ACTION: Received the announcements. b. Counsel for the District Mr. Alm reported on a recent state appellate court decision concerning Marin County's equivalent to the Contra Costa County Employees' Retirement Association (CCCERA) which upheld excluding certain elements of compensation from final compensation on which retirement payment calculations are based. He said his law firm will provide the Board Members with a more detailed briefing in the near future. c. Secretary of the District Ms. Boehme announced the following upcoming Committee meeting: Engineering & Operations —Tuesday, September 6 at 10:30 a.m. d. Board Members 1) Committee Minutes a) August 19, 2016 —Administration Committee meeting —Member Williams and Member McGill. b ) Member Causey inquired as to the status of the Public Records Act requests from Transparent California and East Bay Times columnist Daniel Borenstein. General Manager Bailey said the District is responding and will provide Board Members with copies. August 23, 2016 — Finance Committee meeting -- President Pilecki and Member Causey. President Pilecki highlighted General Manager announcement 7.a.2)d) above, noting that the District has been participating in a prepayment program for its retirement contributions to CCCERA. The $18.3 million payment made in late July resulted in a $12.9 million reduction in the District's Unfunded Actuarial Accrued Liability (UAAL) and the District also realized a net savings of $668, 000 by participating in the program. BOARD ACTION: Received the Committee minutes. CENTRAL CONTRA COSTA SANITARY DISTRICT September 1, 2016 Board Meeting Minutes --- Page 42 2) Reports and Announcements - Board Member reports on recent meetings or conferences for which they received the stipend or for which the District paid their expenses. 3 Member Causev Member Causey said that he serves a chair of the California Association of Sanitation Agencies (CASA) Collection Systems Workgroup as part of his private consulting work. He suggested that it would be worthwhile for the District to participate. Member Neied Iv — No report. Member Williams — No report. President Pilecki -- No report. BOARD ACTION: Receive the reports and announcements. ReQuests for Stipend/Reimbursement or Conference Attendance — 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. 8. EMERGENCY SITUATIONS None. 9. REQUESTS FOR FUTURE AGENDA ITEMS None. 10. ADJOURNMENT The meeting was adjourned at 2:36 p.m. d J. Pili President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California 4 COUNTERSIGNED: Elaine R. Boehme, CMC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California 1 1 CENTRAL CONTRA COSTA SANITARY DISTRICT September 1, 2016 Board Meeting Minutes — Page 43