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Home My WebLink AboutBOARD MINUTES 04-06-17 ANIL Central CostaSanitatyc Protectina public health and the environment 5019 lmhoff Place,,Martinez, CA 94553-43-92 MINUTES* BOARD OF DIRECTORS.- PAUL IRECTORS:PAUL H CAUSEY President REGULAR BOARD MEETING J-1,11ESA NEJEDLY Pre rrden e Prep Ti-in Board Room ARCH,IEL R AICGILL Thursday, Aril 6, 2617 TAD J PILECKI p DAVID R WILL1.111S 1:36 p.m. men Session -- Board Room (Video recorded) 1. ROLL GALL A regular meeting of the Board of Directors was called to order by President Gausey at 1:34 p.m. Secretary of the District Elaine Boehme called roll.- PRESENT: oll.PRESENT: Members.- McGill, Nejedly, Pilecki, Williams, ca usey ABSENT.- Members: None 2. PLEDGE OF ALLEGIANCE The Board, staff and audience joined in the Pledge of Allegiance. 3. INTRODUCTIONS • Amelia Berumen, Administrative Assistant in the Engineering/Capital Projects Division, effective February 27, 2617. BOARD ACTION: Welcomed nils, Berumen . PUBLIC COMMENT PERIOD No comments. . REQUESTS TO CONSIDER MATTERS OUT OF ORDER None. These summary minutes are supplemented by a corresponding Video recording available on the District's website at centralsan.org. Book 65—Page 163 CENTRAL CONTRA COSTA SANITARY DISTRICT April 6, 2017 Board Meeting Minutes—Book 65-Page 164 CONSENT CALENDAR a. Approve minutes of March 10} 2017 Board meeting. b. Approve expenditures dated April 0, 2017. Approval recommended by Finance Committee. C. Receive February 2017 Financial Statements and Investment Reports. Approval recommended by Finance Committee. d. Approve a one--year extension of the current audit contract with Maze & Associates, Certified Public Accountants, for a fifth year authorizing them to serve as Central Sans independent auditor for Fiscal Year 2016-17- Approval recommended by Finance Committee. e. Approve annual salary adjustment for Secretary of the District to track with Management Group Memorandum of Understanding (MOU). f. Adopt updated Board Policy No. BP 002 — Diversity Statement. Approval recommended by Administration Committee. g_ Adopt new Board PolicyNo. BP 028 - Cost Sharia of g Candidate Statements. Approval recommended by Administration Committee. h- Authorize the General Manager to execute a technical consulting services agreement in the amount not to exceed $480,000 with the team of Blue Sky Environmental, Inc./Gammie Air Monitoring, LLC for air emissions testing of the Wet Scrubber Pilot Plant supporting the Solids Handling Facilities Improvements Project, District Project 7348. Approval recommended b Engineering & Operations Committee. L Award a construction contract in the amount of$2,698,845 to Cratus Inc., the lowest responsive and responsible bidder for the Walnut Creek Sewer Renovations, Phase 11, District Project 8422; find that the project is exempt p from California Environmental Quality Act (CEQA); and authorize the General Manager to execute the contract documents subject to submittal requirements and include up to a 10-percent contingency. Approval recommended by Engineering & Operations Committee. j Reject sole bid received for construction of the Collection System Urgent g Repairs, District Project 8434. Approval recommended by Engineering & Operations Committee. Vic. Authorize the General Manager to execute a one--year professional services agreement (1) with Associated Right of Way Services, Inc., in an amount not to exceed $90,000 with the option to extend for one additional year for a total not to exceed amount of$192,000 for right of way services under the CENTRAL CONTRA COSTA SANITARY DISTRICT April 6, 2017 Board Meeting Minutes Book 65-Page 165 Development Sewerage Project, District Project 8420; and (2) with KWR in an amount not to exceed $9.1,000 with the option to extend for one additional year for a total not to exceed amount of$182,000 for right of way services under the Development Sewerage Project, District Project 8420. Approval recommended by Engineering & Operations Committee. I. Authorize the General Manager to add $500,000 to the Development Sewerage Project, District Project 8420, from the Sewer Construction Fund. Approval recommended by Engineering & Operations Committee. M Adopt Resolution No. 2017-004 accepting and authorizing execution of a grant of easement from East Bay Municipal Utility District (EBMUD), a public corporation as related to the Rancho Laguna 11 Project, Subdivision 9330, Job 6576, located in the Town of Moraga; and authorizing staff to record documents with the Contra Costa County Recorder. n. Adopt four resolutions regarding real property interests related to a residential community of 56 condominium units known as Woodbury (Sewer Job 6544) located near downtown Lafayette as listed below, including authorizing execution and recording of the referenced documents: 1} Resolution No. 2017-005 accepting an offer of dedication for sanitary sewer easements from The New Home Company, Inc., a Delaware Corporation (Parcel 2); authorizing the execution of quitclaim deeds to The New Home Company, Inc. (Parcels A, C1 and D); and terminating a real property agreement (Parcel C2); and 2} Resolution No. 2017-006 accepting an offer of dedication from Oak Hill West Realty, LLC (Parcel 3), and authorizing execution of a quitclaim deed to Oak dill West Realty, LLC (Parcel E); and 3} Resolution No. 2017-007 authorizing execution of an amendment to a grant of easement with outdo 3742 Mount Diablo LLC (Parcel 4), and authorizing execution of a quitclaim deed to Outdo 3742 Mount Diablo LLC (Parcel F); and 4) Resolution No. 2017-008 authorizing execution of a quitclaim deed to Lafayette Vistas, LP as to 80 percent), Lafayette Joseph LLC (as to 10 percent), and Lafayette Dumont LLC (as to 10percent) (Parcel B). o. Authorize the General Manager to set the 2017 Residential Recycled Water Fill Station hours of operation, as described in Option 3 of the Position Paper. Approval recommended by Real Estate, Environmental & Planning Committee. President Causey pulled Items 6.b. and 6.h. and Member Pilecki pulled Item 6. . p g CENTRAL CONTRA COSTA SANITARY DISTRICT April 6, 2017 Board Meeting Minutes---Book 65-Page 166 President Causey said that out of an abundance of caution, he would recuse himself from voting on Item 6.b. because he consults with recipients of several checks on matters unrelated to Central San. He called for a vote on the remaining Consent Calendar Items, BOARD ACTION: Motion was made by Member Pilecki and seconded by Member McGill to adopt all Consent Calendar items except 6.b., 6.9. and 6.h. as recommended. Motion passed by unanimous vote of the Board. President Causey exited the Board Room while the remaining Board Members considered item 6.b. President Pro Tem Nejedly called for discussion. There being none, he called for a vote on the item. BOARD ACTION: Motion was made by Member Williams and seconded by Member Pilecki to adopt Consent Calendar Item 6.b. as recommended. motion passed by the following vote of the Board: AYES: Members: McGill, Pilecki, Williams, Nejedly NOES: Members: None ABSENT: Members: Causey President Causey returned to the Board Room and resumed his duties as President. With respect to Item 6.g., Member Pilecki sought clarification from District Counsel Kent Alm as to whether sharing the cost of candidate statements creates an issue of a gift of public funds. Mr. Alm said that it is in Central San's best interests to attract candidates from all walks of life. Given that Central San is a larger special district with a higher cost for candidate statements than most other special districts, subsidizing costs serves a legitimate public purpose and, for that reason, he has no concerns about it being a gift of public funds. President Causey said that he believes the $500 per-candidate contribution toward candidate statements is too high, he would like to see it lowered to entice as many future candidates as possible. Therefore, he said he would not vote in favor of the item. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Nejedly to adopt Consent Calendar Item 6.g. as recommended. Motion passed by the following vote of the Board: AYES: Members: McGill, Pilecki, Williams, Nejedly NOES: Members: Causey ABSENT: Members: None With regard to item 6.h., Member Williams noted that there are six items listed in the Background section of the Position Paper that this Item will address. His question CENTRAL CONTRA COSTA SANITARY DISTRICT April fir 2017 Board Meeting Minutes--Book 65-Page 167 related to the fourth iter; he asked If the proposed contract includes estimating emissions and conducting health risk assessments as may become required Y q under proposed Bay Area Air Quality Management District(BAA QMD) regulations. g Director of Engineering & Technical Services Jean-Marc Petit confirmed that health risk assessments are included in thescope of work under the existing contract with Black & Veatch for the Solids Handling Project, BOARD ACTION: Motion was made by Member McGill and seconded by Member Pilecki to adopt Consent Calendar Item 6.h. Motion passed . p by unanimous vote of the Board. 7, REPORTS AND ANNOUNCEMENTS a. General Manager 1} Re orts a Receive presentation from Andrew Brown, Director of Hi9 hMark Capital Management, on the following topics regarding the g g Governmental Accounting Standards Board GASB 45 Trust and Other Post-Employment Benefits (OPEB) Trust investments: • Alternative solutions regarding passive-versus-active g g p cove investment options • Information on a wider range of fixed income (liquid o tions p alternative investments General Manager Roger S. Bailey stated that at the March 28, 2017 Finance Committee meeting, alternative solutions regarding passive-versus-active investment options and p the possibility of changing the investment guidelines to include a wider range of fixed income options and liquid alternative investments were discussed. The Committee asked Central San's Investment Manager for the OPEB Trust, Andrew Brown to provide a brief informational update to the full Board on a few other alternatives available for investment. He introduced Mr: Brown who reviewed the presentations included with the agenda materials and responded to questions from the Board Members. BOARD ACTION: Received the presentation andp rovided input to staff. CENTRAL CONTRA COSTA SANITARY DISTRICT April 6, 2017 Board Meeting!Minutes--Book 65-Page 168 b) Update on Recycled Water Program. Program Manager for Resource Recovery Melody LaBella reviewed the presentation included with the agenda materials. BOARD ACTION: Received the update. c) Update on Pollution Prevention Report for 2018 and Pollution Prevention Plan for 2017. Senior Engineer Randy Schmidt reviewed the presentation included with the agenda materials. BOARD ACTION: Received the update. d) Update on Asset Management. Mr. Bailey prefaced Plant Maintenance Division Manager Neil Meyer's comments by stating that the presentation will provide a bn*ef update on Reliability Centered Maintenance and the Computer Maintenance Management System implementation at the Treatment Plant. Both of these efforts are part of the Asset g Management Implementation Plan to provide a framework for Central San to improve maintenance efficiency and results. Mr. Meyer reviewed the presentation included with the agenda materials and responded to questions from the Board Members. BOARD ACTION: Received the update. e) Update on 2010 Safety Program. Reviewed by Administration Committee. Safety Officer Jerry Ledbetter reviewed the presentation included with the agenda materials. BOARD ACTION: Received the update. 2) Announcements a) Public bidding on Martinez Sewer Renovations, Phase 5, District Project 8437 b) Public bidding on Lafayette Sewer Renovations: Phase 11, District Project 8430 c) Natural gas pre-purchase A CENTRAL CONTRA COSTA SANITARY DISTRICT April 6, 2017 Board Meeting Minutes—Book 65-Page 169 d] Carl Von Steffen to present at FM E World Tour 2017 in San Francisco on April 4, 2017 e) Employees to present at Reliability Conference in Las Vegas from April 24-28, 2017 f] Tim Hiteshew to present at California Water Environment Association (CWEA) Safety Conference in San Leandro on May 31, 2017 g) Employees to attend California Water Environment Association Annual Conference in Palm Springs, CA, from April 25 28, 2017 h) Second annual Central San Academy now underway No further announcements were made during the meeting. BOARD ACTION: Received the announcements. b Counsel for the District Mr. Alm reported that the impact of the recent California Supreme Court decision declaring communications on private devices as public records will be the subject of discussion at the April 11: 2017 Administration Committee. The matter will be brought to the full Board for discussion at some point In . r the meantime, counsel is working with staff to develop a plan for movie forward because the Courts ruling creates a whole new set of issues that must be taken into consideration. C. Secretary of the District Ms. Boehrne provided an update on the number of Proposition 218p rotests that have been received regarding the upcoming rate hearinon April 20, 9r p 2017 To date, eight legally valid protests have been received. iv1s. Boehme also announced the following upcoming Committee meetings: Administration-- Tuesday, April 11 at 3:30 a.m. Engineering & Operations-- Tuesday, April 11 at 1.-00 p.m. d. Board Members 1) Committee Minutes a) March 14, 2017 --Administration Committee -- Member McGill and Member Williams. CENTRAL CONTRA COSTA SANITARY DISTRICT April 6, 2017 Board Meeting Minutes--Book 65-Page 170 b} March 17, 2017 — Engineering & Operations Committee— Member Nejedly and President Causey. c} March 28, 2017 --- Finance Committee-- Member Nejedly and Member Pilecki. d} March 22, 2017— Real Estate, Environmental & Planning Committee — President Causey and Member Pilecki. BOARD ACTION; Received the Committee minutes. 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. Member McGill • March 19-21, 2017 --WateReuse California Annual Conference in San Diego Member McGill provided a written report covering his announcements and other meetings Member Nejedly — No report Member Pilecki --- No report. Member Williams ■ March 21-22, 2017— National Association of Clean Water Agencies NACWA) National Water Policy Forum in Washington DC. Member Williams reported that he did not attend this Forum. President Cause ■ March 21-22, 2017 - NACWA National Water Policy Forum in Washington DC President Causey reported that he did not attend this Forum. ■ March 30, 2017 -- 2017 State of the Town (Danville) and Community Awards Luncheon BOARD ACTION: Received the reports and announcements. CENTRAL CONTRA COSTA SANITARY DISTRICT April fir 2017 Board Meeting Minutes—Book 65-Page 171 3) Requests for StipendiReimbursement or Conference Attendance-- Authorization to receive a stipend for meeting attendance or expense . g p reimbursement not specifically addressed in the current Board Compensation Resolution, or authorization for conference attendance not previously approved by the Board. No requests. 3. EMERGENCY SITUATIONS a. Continue local emergency proclaimed on March 2, 2017 arising from the 2017 Winter Storms, including emergency protective measures related to damaged sewer lines on Miner Road in Orinda. Mr. Bailey stated that last month the Board proclaimed a local emergent for Y damages sustained during the early January rain storms. The Government Code requires that the Board vote to continue this local emergency every 30 days until the emergency condition has been abated. Since Central San is still bypass pumping along Miner Road, the emergency condition., has not abated and it is staffs recommendation that the Board vote to continue the local emergency. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member McGill to continue the local emergency proclaimed on March 2, 017 arising from the 2017 Winter Storms. Motion passed by unanimous vote of the Board. b, Adopt Resolution No. 2017-009 designating the General Manager, Deputy g p t General Manager, and Director of Finance and Administration as authorized agents to apply for federal and state financial assistance arising from the federally declared disaster FEMA-4301-DR-CA arising from the 2017 Winter Storms. Mr. Barley stated that the federal government declared a major disaster for the January 3-12, 2017 Winter Storms and authorized the use of Public Assistance grants to help public agencies respond to and repair damage occurring within that timeframe. Staff has since submitted a Request for Public Assistance which is being reviewed by the Federal Emergency Management Agency (FEMA), In order to proceed with the grant process, the Board must designate staff to serve as authorized agents. BOARD ACTION: Motion was made by Member Williams and seconded by Member Pilecki to adopt Resolution No. 2017-009. designating the General Manager, Deputy General Manager, and Director of Finance and Administration as authorized agents to apply for federal and state financial assistance arising from the federally declared disaster FEMA- 4301-DR-CA arising from the 2017 Winter Storms. Motion passed by unanimous vote of the Board. CENTRAL CONTRA COSTA SANITARY DISTRICT April Sr 2017 Board Meeting Minutes--Book 65-Page 172 9. REQUESTS FOR FUTURE AGENDA ITEI S None. 10. ADJOURNMENT The meeting was adjourned at 3.41 p.m. Paul H. Causey, P.E. President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: N Elaine R. Poehme, CMC Secretary of the District Central Contra Costa Sanitary District Courity of Contra Costa, State of California