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HomeMy WebLinkAbout01.b. Approve minutes of 03-15-18 Regular Board meeting Page 1 of 11 Item l.b. 1 Central Contra Costa Sanitary District April 5, 2018 TO: HONORABLE BOARD OF DIRECTORS FROM: KATIE YOUNG, SECRETARY OF THE DISTRICT SUBJECT: MARCH 15, 2018 REGULAR BOARD MEETING MINUTES Attached are the draft minutes of the above Board meeting. Stratedc Plan Tie-In GOAL ONE: Provide Exceptional Customer Service Strategy 1 - Foster Customer Engagement and Awareness ATTACHMENTS: 1. Draft Minutes of Regular Meeting 03-15-18 April 5, 2018 Regular Board Meeting Agenda Packet- Page 15 of 164 Page 2 of 11 CENTRAL SAN CENTRAL •NTRA COSTA SANITARY DISTRICT 5019 • MINUTES* BOARD OF DIRECTORS: JAMES A.NEJEDLY President REGULAR BOARD MEETING DAVID R. WILLIAMS President Pro Tent Board Room PAUL CAUSEY Thursday, March 15, 2018 MICHAEL R.MCGILL TAD J.PILECKI 1:30 p.m. DRAFT Open Session — Board Room (Video recorded) ROLL CALL A regular meeting of the Board of Directors was called to order by President Nejedly at 1:30 p.m. Secretary of the District Katie Young called roll: PRESENT. Members: Causey, McGill, Pilecki, Williams, Nejedly ABSENT.- Members: None PLEDGE OF ALLEGIANCE The Board, staff and audience joined in the Pledge of Allegiance. PUBLIC COMMENT PERIOD Environmental Compliance Superintendent Tim Potter, President of the Management Support/Confidential Group (MS/CG) bargaining group, acknowledged the presence of a majority of the members of MS/CG at the meeting. He stated that Central San employees have shown their dedication to making Central San a high performing, efficient and responsive organization, as evidenced by the numerous awards and recognitions received by the District each year. For these reasons, he said MS/CG is asking for a fair contract that recognizes its role in Central San's past, current and future successes. Mr. Potter said the negotiations are occurring during a unique time: the local, state and national economies are strong, unemployment is low, the Board has had to make decisions on how to spend surpluses in the millions of dollars over the past couple of fiscal years due to efficient operations and current economic times. He stated that the Board has an These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. April 5, 2018 Regular Board Meeting Agenda Packet- Page 16 of 164 Page 3 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT March 15, 2018 Board Meeting Minutes-Page 2 opportunity to achieve a "win-win"contract that is beneficial to both the MS/CG members and the ratepayers. Additionally, he said it is not appropriate that certain executive managers have been offered Tier One benefits that are not available to MS/CG. He respectfully asked that the Board commit to bargaining in good faith. Member Pilecki asked what Tier One benefit MS/CG does not receive. Mr. Potter said the benefit to which he was referring is increased vacation leave after 30 years of service. Chemist Brent Harvey expressed frustration that as an employee he cannot afford to live in the District's service area. He also expressed concern about the lack of progress with labor negotiations, noting that every day the contract is delayed with respect to converting to CaIPERS for healthcare benefits, it is costing the District roughly$12,000. Land Surveyor Greg St. John spoke of the financial pressures of living in the Bay Area and acknowledged that it can be very complicated for many public employees to make ends meet. He requested the Board be willing partners in coming to an agreement and understand that it is okay for Central San to invest in its employees. REQUESTS TO CONSIDER MATTERS OUT OF ORDER None. CONSENT CALENDAR 1. Approve the following: a. March 1, 2018 Special Board meeting minutes b. March 1, 2018 Regular Board meeting minutes 2. Review January 2018 Financial Statements and Investment Reports 3. Receive the 2017 Annual Report of the Deferred Compensation Plan Advisory Committee 4. Adopt updated salary schedule effective March 15, 2018 5. Authorize the General Manager to execute a three-year extension of the contract with Industrial Employers and Distributors Association (IEDA) to provide labor negotiation and relations service 6. Approve appointment of Ms. Twila Mullenix as a retiree temporary Human Resources Analyst and waive the 180-day waiting period Mr. Potter requested that Item 5 be pulled for discussion. He spoke in opposition to the extension of the contract with IEDA, noting that the current contract is good through June 30, 2018 which should provide plenty of time for the current negotiations to be concluded. He said extending the contract is a sign that the April 5, 2018 Regular Board Meeting Agenda Packet- Page 17 of 164 Page 4 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT March 15, 2018 Board Meeting Minutes -Page 3 Board Members have no intention of concluding negotiations anytime soon. He requested the Board make a commitment to negotiate the contract and save the ratepayers the $40,000 per year it will cost to extend the contract. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Causey to adopt the Consent Calendar as recommended. Motion passed by unanimous vote. PUBLIC HEARINGS 7. Hold public hearing to conduct annual public review of Board Member compensation and benefits The agenda packet contained the results of a recent survey of Board compensation and benefits of other special districts and cities. The Administration Committee reviewed the matter at its February 13, 2018 meeting and recommended no changes to Board compensation or benefits at this time. Member Causey is interested in the way Vallejo Flood and Wastewater District (formerly Vallejo Sanitation and Flood Control District) pays their Board Members a flat rate every month. He proposed that Central San Board Members be compensated at a flat rate for two board meetings and two committee meetings per month at the $185 stipend rate, for a total of$740 per month. He believed this would limit the compensation to a fixed amount and save staff time. Mr. Alm stated that he would have to research the laws governing special districts regarding whether setting a flat rate for a sanitary district board is allowable. President Nejedly stated he was not opposed to looking into Member Causey's proposal. Member Williams and Member Pilecki said they would be interested in receiving information on the average monthly meeting attendance over the last couple of years by each Board Member. Member McGill asked that the information include data on meetings for which no stipend was paid, either because it exceeded six stipends per month or more than one meeting per day. The public hearing was opened and closed without comment. Member Pilecki inquired when the Board would receive the information requested. Mr. Alm said he could bring the information back to the next Board meeting. Mr. Bailey said he would prefer the item be brought back when all Board Members are expected to be present. BOARD ACTION: Motion was made by Member Causey and seconded by Member Williams to leave compensation and benefits unchanged pending the receipt at a future meeting of (1) feedback from District Counsel as to the legality of considering Member Causey's suggestion of a flat monthly fee for April 5, 2018 Regular Board Meeting Agenda Packet- Page 18 of 164 Page 5 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT March 15, 2018 Board Meeting Minutes -Page 4 meeting compensation and (2) additional historical information on payment of stipends. Motion passed by unanimous vote. OTHER BOARD ACTION ITEMS 8. Review and approve expenditures dated March 15, 2018 Member Causey recused himself from voting on this item because a full year has not yet elapsed since he consulted for recipients of several checks on the expenditures list on matters unrelated to Central San. He exited the Board Room. President Nejedly called for a vote on the item. BOARD ACTION: Motion was made by Member Pilecki and seconded by President Nejedly to approve the expenditures dated March 15, 2018. Motion passed by unanimous vote of the Board Members present. [4-0; Causey absent.] 9. Consider authorizing the General Manager to execute a Memorandum of Understanding (MOU) between Central Contra Costa Sanitary District, Contra Costa Water District (CCWD) and Santa Clara Valley Water District (SCVWD) for a preliminary feasibility evaluation of the Refinery Recycled Water Exchange Project Program Manager for Resource Recovery Melody LaBella stated that this matter was discussed the day before at the Real Estate, Environmental & Planning (REEP) Committee, and the Committee Members recommended execution of the MOU. She provided the Board with a short presentation about the Refinery Recycled Water Exchange Project and stated that the draft MOU states that the agencies must work together to get a work plan within 60 days of the signed MOU. Twelve months later the feasibility study must be completed. Ms. LaBella added that an environmental review will be conducted but it is not yet known if Central San will be leading the California Environmental Quality Act (CEQA) effort. Mr. Bailey reminded the Board that Central San is making the water available to CCWD to facilitate an exchange. The cost associated with this project including Capital O&M and Administration have yet to be determined and will be allocated according to the benefits received by each agency. Member Pilecki asked how long the work plan will take. Ms. LaBella stated that it must be completed within 60 days. Mr. Bailey stated that he has had conversations with both SCVWD and CCWD General Managers and they would like to get this project done as quickly as possible. CCWD's has emphasized that the refineries concerns would have to be successfully addressed in order for the project to be viable. April 5, 2018 Regular Board Meeting Agenda Packet- Page 19 of 164 Page 6 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT March 15, 2018 Board Meeting Minutes -Page 5 Member Pilecki asked what a realistic projected timeline would be for the project to be online. Mr. Bailey stated that, assuming it is a viable option, his projection would be at least five years. Member Williams questioned the future of the refineries regarding the long-term contract. Mr. Bailey advised that all parties must understand that CCWD has no guarantee that the refineries will stay in business for the life of the asset. Member McGill asked if Central San will be locked into the project if there are no issues once the MOU and feasibility study are completed. Mr. Bailey responded no; not until there is a contract by the parties involved. Member McGill stated that he attended the Water Gala 2018 last night and spoke with two Board Members from SCVWD who are very enthusiastic about the possibility of the water exchange project. BOARD ACTION: Motion was made by Member Causey and seconded by Member McGill to authorize the General Manager to execute an MOU between Central San, CCWD and SCVWD for a preliminary feasibility evaluation of the Refinery Recycled Water Exchange Project. Motion passed by unanimous vote of the Board. LEGISLATIVE MATTERS 10. Receive update on pending legislative matters and potential ballot propositions and provide direction on priority legislation Communication and Intergovernmental Relations Manager Emily Barnett provided an update on priority legislative matters and potential ballot propositions. Mr. Alm advised the Board that on the November ballot there will be proposed amendments to sections in the Constitution, including Propositions 218 and 26. He noted that these changes affect the District but do not eliminate the current methodology in terms of setting sewer service charges and maintaining the 45 days' notices and 50% protest limitations, but could be applied to the modification of the capacity fees. He stated that the biggest concern with the sewer service charges under Proposition 218 is that the fees must responsibly reflect the actual cost of service. Ms. Barnett requested direction on Item Nos. 1-6 on the 2018 Central San Priority Legislation Tracking Sheet included with the agenda material. BOARD ACTION: Motion was made by Member McGill and seconded by Member Causey to support the staff recommendations on Items Nos. 1-6 on the 2018 Central San Priority Legislation Tracking Sheet. Motion passed by unanimous vote of the Board. REPORTS AND ANNOUNCEMENTS April 5, 2018 Regular Board Meeting Agenda Packet- Page 20 of 164 Page 7 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT March 15, 2018 Board Meeting Minutes-Page 6 11. General Manager— Reports a. Update on Pollution Prevention (P2) Program Senior Environmental Compliance Inspector Colleen Henry presented an overview of the 2017 Pollution Prevention Report and the 2018 Pollution Prevention Plan and priorities. Member McGill asked for the definition of nanotechnology and its impact on wastewater treatment. Ms. LaBella advised that nanotechnology is extremely small particles of metals such as silver or gold and it is unknown how the particles behave in the environment. Nano-silver is considered highly toxic in the wastewater industry. BOARD ACTION: Received the update. b. Receive summary of 2017 Energy Usage Mr. Bailey stated that energy self-sufficiency is included in Goal Six (Embrace Technology, Innovation and Environmental Sustainability) of the current Strategic Plan. Senior Engineer Clint Shima reviewed the presentation included with the agenda material. Member Pilecki requested a projection of the landfill gas supply and the anticipation of future supply. Member Causey asked why the District refers to the supply as renewable if there is a low supply. Mr. Shima responded that the definition of renewable is not Central San's; it is defined by the U.S. Energy Information Administration (EIA). BOARD ACTION: Received the summary. C. Biennial presentation on Emergency Management and Continuity of Operations programs Mr. Bailey stated that with the recent volume of fire, flood, and mudslides shining a spotlight on California local government responses to disasters, it is a good time to provide an overview of Central San's Emergency Management Program. Shari Deutsch, Risk Administrator reviewed the presentation included with the agenda material. April 5, 2018 Regular Board Meeting Agenda Packet- Page 21 of 164 Page 8 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT March 15, 2018 Board Meeting Minutes -Page 7 Member Causey suggested staff should establish a way of communicating to employees'families outside of the District area when a disaster occurs. Ms. Deutsch stated that the District has a phone line used for employees to call in and get information on the state of the District and if assistance of employees is needed. Member Causey questioned the last update of the pump station emergency response plans. Ms. Deutsch responded that they were updated in 2011. BOARD ACTION: Received the presentation. d. Receive presentation on Contra Costa County Employees' Retirement Association (CCCERA) formulas for calculating employer and employee contribution rates Ms. O'Malley reviewed the presentation included with the agenda material. Member Causey requested that staff benchmark what percentage of payroll other sister agencies pay for benefits (pension, fringe benefits, and other post-employment benefits (OPER)). BOARD ACTION: Received the presentation. 12. General Manager— Announcements a. Announcements — March 15, 2018 1) Public Bidding for North Orinda Sewer Renovations, Phase 7, District Project 8445 2) Public Bidding for Cured-In-Place Pipe Contract 2018-2020, District Project 8441 3) Public Bidding for Solids Conditioning Building Roof Replacement, District Project 7359 4) Central San Citizens Academy - Spring 2018 Session Begins The following additional announcements were distributed as handouts prior to the meeting. 5) General Manager Roger S. Bailey to attend WateReuse California Annual Conference in Monterey from March 25-27, 2018 6) Staff attendance at California Water Environment Association Annual Conference in Sacramento from April 17-20, 2018 April 5, 2018 Regular Board Meeting Agenda Packet- Page 22 of 164 Page 9 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT March 15, 2018 Board Meeting Minutes-Page 8 No further announcements were made during the meeting. BOARD ACTION: Received the announcements. 13. Counsel for the District— No report. 14. Secretary of the District Ms. Young announced the following upcoming Committee meeting: Finance— Tuesday, March 20 at 2:00 p.m. Ms. Young also reminded the Board that Form 700s are due by the end of the month and need to be submitted through the County. BOARD ACTION: Received the announcements. 15. Board Members — Committee Minutes a. February 27, 2018 — Finance Committee — President Nejedly and Member Pilecki b. March 6, 2018 —Administration Committee — Chair McGill and Member Williams C. March 5, 2018 — Engineering & Operations Committee — Chair Causey and Member McGill d. March 9, 2018 — Engineering & Operations Committee — Chair Causey and Member McGill BOARD ACTION: Received the Committee minutes. 16. Board Members - 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. a. Member Causey • Member Causey will be attending a meeting with Supervisor Candace Anderson regarding the Alamo Project this week. • Member Causey stated that he will be scheduling a meeting with CCWD. Member McGill stated that he appreciates Member Causey staying on top of the quarterly meeting with CCWD. • Member Causey thanked staff for the pump stations tours which he found very beneficial. Member McGill concurred. April 5, 2018 Regular Board Meeting Agenda Packet- Page 23 of 164 Page 10 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT March 15, 2018 Board Meeting Minutes -Page 9 Member McGill • March 1, 2018 — Contra Costa County Mayors' Conference hosted by the City of Antioch • March 6, 2018 — Liaison meeting with Dublin San Ramon Services District (DSRSD) • March 14, 2018 — Liaison meeting with Pleasant Hill Mayor Tim Flaherty and City Manager June Catalano Member McGill also provided a written report covering his announcements and other meetings. Planning and Development Services Division Manager Danea Gemmell provided the Board with information regarding the Water Gala 2018 attended by staff and Member McGill on Wednesday, March 14. Member Pilecki — No report. Member Williams — No report. President Neledly — No report. BOARD ACTION: Received the reports and announcements. 17. Board Members - Requests for Stipend/Reimbursement or Conference Attendance No requests. EMERGENCY SITUATIONS None. REQUESTS FOR FUTURE AGENDA ITEMS None. ANNOUNCE CLOSED SESSION (pursuant to Government Code Section 54957.7) District Counsel Kent Alm announced that a closed session would be held for Item 18. RECESS TO CLOSED SESSION The Board recessed at 3:37 p.m. to reconvene in closed session in the Caucus Room. Closed Session (Not video recorded) CLOSED SESSION April 5, 2018 Regular Board Meeting Agenda Packet- Page 24 of 164 Page 11 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT March 15, 2018 Board Meeting Minutes -Page 10 18. Conference with Legal Counsel — existing litigation pursuant to Government Code Section 54956.9(d)(1): • Settle v. Central Contra Costa Sanitary District, et al., Contra Costa County Superior Case No. MSC17-01691 RECESS TO OPEN SESSION The Board recessed at 4:09 p.m. to reconvene in open session in the Board Room. REPORT OUT OF CLOSED SESSION None. ADJOURNMENT The meeting was adjourned at 4:10 p.m. James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Katie Young Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California April 5, 2018 Regular Board Meeting Agenda Packet- Page 25 of 164