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HomeMy WebLinkAboutBOARD MINUTES 10-04-18 ENTRAL SAN CENTRAL CONTRA ■ ■ PLACE, MINUTES* BOARD OF DIRECTORS: JAMES A NEJEDL Y President REGULAR BOARD MEETING DAVID R WILLIAMS President Pro Tetra Board Room PAUL CAUSEY Thursday, October 4, 2018 MICHAEL R MCGILL TAD J PILECKI 1:30 p.m. 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: oll.PRESENT: Members: Causey, Pilecki, Williams, Nejedly ABSENT: Members: McGill PLEDGE OF ALLEGIANCE The Board, staff and audience joined in the Pledge of allegiance. INTRODUCTIONS 1. New employees: ■ Benjamin Lavender, Community Affairs Representative in the Administration Department/Communication Services and Intergovernmental Relations Division, effective September 18, 2018 ■ Heather Ramamurthy, Management Analyst in the Engineering Department/Planning and Development Services Division, effective September 21, 2018 BOARD ACTION: Welcomed Mr. Lavender and Ms. Ramamurthy. PUBLIC COMMENT PERIOD No comments. These summary minutes are supplemented by a corresponding video recording available on the District's website at cen tralsan.org. Book 66— Page 173 CENTRAL CONTRA COSTA SANITARY DISTRICT October 4, 2018 Board Meeting Minutes--Book fib-Page 174 REQUESTS TO CONSIDER MATTERS OUT OF ORDER General Manager Rogers S. Bailey requested that Item 15.a. be heard immediately after the Consent Calendar to accommodate outsideuests who were in attendance. once. AWARDS AND PRESENTATIONS 2. Receive the 2018 Achievement of Excellence in Procurement (AEP). Award from the National Procurement Institute, Inc. Purchasing and Materials Manager Stephanie Kin resented President Ill ' g p e�edly with the 2018 Achievement of Excellence in Procurement (AEP) Award from th. e National Procurement Institute, Inc. and provided the Board with a briefresentatian as included In the agenda materials. p BOARD ACTION: Received the award. CONSENT CALENDAR 3. Approve the following: a. September 20, 2018 Regular Board meeting minutes 4. Receive August 2019 Financial Statements and Investment Report prt 5. Approve draft Board Calendar for 2019 6. Approve proposed revisions to: a. Board Policy No. BP 005 - Statement of Investment Policy;; and b. Investment Guidelines Documents (IGDs) related to the Public Agencies Post-Retirement Health Care Plan Trust, which includes both of the following: • IGD for the existing Government AccountingStandards Board 45 Other er Post-Employment Benefits Trust (GASB 45 OPEB Trust), and • IGD for the Pension Prefunding Trust 7. Adopt Resolution No. 2018-028 (1) acce tin rant of ease accepting a g meat for sanitary sewer purposes as related to the 1515 Riviera Avenue Sewer Project Job 6628M located Project, ed in the City of Walnut Creek; and (2) authorizingstaff to record documents ' ents with the Contra Costa County Recorder 8. Authorize the General Manager to purchase a replacement Inductively Coupled Plasma Mass Spectrometer for the Laboratoryin an amount not t to exceed $250,000 under the Equipment Replacement Project 7326a Project, District Proj CENTRAL CONTRA COSTA SANITARY DISTRICT October 4, 2018 Board Meeting Minutes--Book 65-Page 175 BOARD ACTION: Motion was made b Member Williams and nd seconded by Member Pilecki to adopt the Consent calendar as recommended. Motion passed by unanimous vote of the Board Membersresent [4-0-1; I�IlcG�lIabsent]. p PUBLIC HEARINGS 9. Conduct a public hearing to consider approval of the Harper per Lane Area Contractual Assessment District (CAD) No. 2018-1 in Danville District Pro' • Project 0534, adopt Resolution No. 2018-029 confirming compliance with California Constitution, Article XI 11 D, Section 4 (Proposition 218); adopt Resolution No. - } p 2018 030 approvingthe Engineer's Report and assessments, ordering improvement, and finding the project exempt from the California Environmental Quality Act (CEQA); authorize the General Manager to execute an agreement with the Harper Lane p Area CAD No. 2018-1 participants; approve a contingency project in the amount g Y J p of$800,000 for the CAD; and authorize the General Manager to transfer $800,000 w'9 within the Capital Improvement Budget (CIB) Engineering Assistant 111 Russell Leavitt reviewed theresentati p on included in the agenda materials. President Nejedly opened the public hearing. There being g no members of the public present to speak on the matter, the hearing was closed without comment. Member Pilecki inquired about the breakdown of the constructs ' on cost►n regard to the cost of the repaving. Mr. Leavitt stated that the repaving co ' p g st was one-third of the total$720,000 construction cost. BOARD ACTION: Motion was made b Member Cause Y y and seconded by Member Williams to approve the Harper Lane Area CAD N p o. 2018-1, District Project 8534; adopt the proposed resolutions• find the ro' • project exempt from CEQA, authorize the General Manager to execute an agreement g g ement with CAD participants; approve the $800,000 contingency project; and authorize g Y 1 p � the General Manager to transfer CIB funds as recommended. Motion passed by unanimous vote of the Board Members resent [4-0-1; McGill p absent]. OTHER BOARD ACTION ITEMS 10. Approve expenditures dated October 4 2018 BOARD ACTION: Motion was made b Member Cause Y y and seconded by Member Pilecki to approve the expenditures dated October 4, 2018. Motion passed by unanimous vote of the Board Membersresent [4-0-1; McGi!!absent]. P CENTRAL CONTRA COSTA SANITARY DISTRICT October 4, 2018 Board Meeting Minutes—Book 66-Page 176 11. Adopt Resolution No. 2018-031 encouraging and promoting pollution prevention and retroactively declaring September 17-23, 2018 as Pollution Prevention Week; and receive information on 2018 Pollution Prevention Awards presented at the Sustainable contra costa Annual Awards Gala on September 20, 2018 Senior Environmental Compliance Inspector Colleen Henry reviewed the presentation included in the agenda materials. The Board commended staff on its efforts with regard to Central San's Pollution Prevention Program. BOARD ACTION: Motion was made by Member Causey and seconded by Member Williams to adopt the proposed resolution. Motion passed by unanimous vote of the Board Members present [4-0-1; McGill absent]. 12. Authorize the General Manager to execute a five-year Landfill Sales Agreement with Bulldog Gas & Power, LLC, to supply landfill gas for the period commencing October 2018 and ending on September 30, 2023, with the option to extend annually thereafter Senior Engineer Clint Shima reviewed the presentation included in the agenda materials and provided a brief description of how the California Cap-and-Trade program relates to Central San's use of landfill gas. There was a discussion on the length of time that the renewable gas will be available for the District. Mr. Shima estimated 10-15 years. Member Causey asked what the plan was for the future when there is no landfill gas available. Mr. Bailey suggested that staff can bring back a future item regarding the land use and the potential for solar energy. President Nejedly believes using the renewable gas until Bulldog Gas & Power is unable to provide the resources is the right thing to do. Professional Engineer Nicholas Farros of Bulldog Gas & Power stated that he is very confident that the landfill gas will be available for the next 15-15 years. He added that he and Mr. Shima have completed agreements in the past and he would like to remain partners with the District. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Williams to authorize the General Manager to execute a Landfill Sales Agreement with Bulldog Gas & Power, LLC as recommended. Motion passed by unanimous vote of the Board Members present [4-0-'1; McGill absent] ie dY CENTRAL CONTRA COSTA SANITARY DISTRICT October 4, 2018 Board Meeting Minutes—Book 66-Page 177 13. Receive update on the Diablo Country Club Satellite Water Recycling Facility Demonstration (Project) and approve the use of a special project-specific multiplier for calculating the reimbursement billing rate for future Central San labor on the Project Resource Recovery Program Manager Melody LaBella reviewed the presentation included in the agenda materials. Member Causey asked how the City of Concord rates are handled. Planning and Development Services Division Manager Danea Gemmell stated that Central San uses a special administrative overhead component for the City that is calculated separately, per the terms of Central San's agreement with Concord. Mr. Bailey explained the rationale for staff's recommendation to use the lower 252.64% multiplier, stating that staff is trying to recover only the costs Incurred for the service delivered. He believes that the unfunded actuarial accrued liability (UAAL) should not apply to Diablo Country Club (DCC). Member Williams inquired if the decision to select a multiplier is time sensitive. Mr. Bailey stated that DCC had requested a firm number to get a better understanding of the cost to prepare the coming year's budget, but the District could provide DCC with a range for the multiplier if the Board desires more time to determine the rate. Member Causey stated that there should only be one multiplier rate to maintain consistency. Member Williams suggested that staff prepare a Board Policy to be discussed at a future Board meeting regarding the application to overhead factors. Members Causey and Pilecki agreed with the proposal of a draft policy. Member Pilecki advised that the Real Estate, Environmental & Planning Committee had a lengthy discussion on this issue and the concern about rate consistency was raised. He said the suggestion of calling the project a "pilot project"arose so that the public would understand the reasoning for a different multiplier. President Nejedly stated that he does not want to see this process slow down the demonstration project considering the amount of money DCC is willing to spend on the project. Member Causey asked what multiplier staff has been charging the project to date. Mr. Petit stated 319%. BOARD ACTION: Motion was made by Member Williams and seconded by Member Causey to request staff draft a Board Policy regarding the ramifications of future situations regarding the applications to overhead . . factors. Motion passed by the following vote: CENTRAL CONTRA COSTA SANITARY DISTRICT October 4, 2018 Board Meeting Minutes--Book fib-Page 178 AYES: Members: Causey, Pilecki, Williams NOES: Members: Nejedly ABSENT: Members: McGill LEGISLATIVE MATTERS 14. Receive final 2018 California State Legislative Session report Communication Services & Intergovernmental Relations Manager Emily Barnett provided the Board with a final report on the 2018 California Legislative Session. Additionally, Ms. Barnett commented on the enacting of Senate Bill 212 that requires pharmaceutical and needles manufacturers to take responsibility and costs for proper and convenient disposal of those items statewide. with the signing of this bill,the District's current 13 collection bins would be assumed by these pharmaceutical manufacturers by either reimbursing Central San for the cost to operate or completely taking over operation of the bins. Member Pilecki asked if it was possible that the manufacturers would allow for the District to continue the programs. Ms. Barnett stated that it is a possibility and the manufacturers would reimburse the District, but the status is unknown and will be under negotiation over the next likely six months. BOARD ACTION: Received the report. REPORTS AND ANNOUNCEMENTS 15. General Manager— Reparts a. Receive update on the Refinery Recycled Water Exchange Project Preliminary Feasibility Evaluation between Central San, contra Costa (Nater District, and Santa Clara Valley Water District This item was heard out of order, immediately after Item 8. Program Manager for Resource Recovery Melody LaBella reviewed the presentation included in the agenda materials. Member Pilecki asked for further clarification for the public regarding the cost and benefit allocations and the considered avoided costs for the project. Ms. LaBella provided the example of Contra Costa Water District currently delivering raw water to the refineries and if they see any savings in no longer delivering that raw water to the refineries if this project is implemented, then those savings could be considered in the allocation of costs and benefits of the project. Member Williams mentioned future nutrient removal requirements for Central San as another potentially significant avoided cost for the project, which could CENTRAL CONTRA COSTA SANITARY DISTRICT October 4, 2018 Board Meeting Minutes—Book 66-Page 179 help the overall project cost and stated that he was very supportive of the project. Contra Costa Water District General Manager Jerry Brown was in attendance, as were Santa Clara Valley Water District Director Tony Estremera and Chief Executive Officer Norma Camacho, who expressed their gratitude for the invitation to participate in the project and are very proud of the collaborative efforts staff is making. Member Causey agreed that the collaboration of all the agencies is a good thing and that they are a model for the rest of the state. President Nejedly stated that it is a huge milestone for all three agencies to be trying to work together and completing the project with recycled water. BOARD ACTION: Received the update. b. Receive report on recent completion of 2009 Bond Refinancing Director of Finance and Administration Philip Leiber reviewed the presentation included in the agenda materials. BOARD ACTION: Received the report. C. Receive quarterly informational list of pending Board and Standing Committee future agenda items BOARD ACTION: Received the list. 16. General Manager—Announcements a. Announcements — October 4, 2018 1) Public Bidding for Mechanical and Concrete Renovations, District Project 7351 2) Staff to present at American Council of Engineering Companies California Annual Strategic Summit in Napa 3) Staff to attend Strategic Leadership Meeting at the National Association of Clean Water Agencies Conference in Chicago 4) Staff to attend and present at the International Maintenance Conference in Bonita Springs, Florida 5) General Manager Roger S. Bailey appointed to California Association of Sanitation Agencies Board of Directors CENTRAL CONTRA COSTA SANITARY DISTRICT October 4, 2018 Board Meeting Minutes—Book 66-Page 184 No further announcements were made during the meeting. BOARD ACTION: Received the announcements. 17. Counsel for the District - No report. 18. Secretary of the District Ms. Young announced the following upcoming Committee meetings: Engineering & Operations— Monday, October 8 at 9:00 a.m. A dministra tion— Tuesday, October 9 at 8:30 a.m. Real Estate, Environmental & Planning— Wednesday, October 17 at 2:o0p.m. BOARD ACTION: Received the announcement. 19. Board Members — Committee Minutes a. September 7, 2018 — Engineering & operations Committee — Chair Causey (alternate Pilecki) and Member McGill b. September 18, 2018 —Administration Committee — Chair McGill and Member Williams C. September 19, 2018 — Real Estate, Environmental & Planning Committee — Chair Causey (alternate Pilecki) and President Nejedly d. September 25, 2018 — Finance Committee -- President Nejedl and Member Y Pilecki BOARD ACTION: Received the Committee minutes. 20. 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 Cause Member Causey provided a brief summary of the items discussed at the State Water Resources Control Board meeting he amended. Member Pilecki -- No report. Member Williams • September 29-October 3, 2018 --Water Environmental Federation Technical Exhibition (WEFTEC) in New Orleans, Louisiana President Need! — No report. BOARD ACTION: Received the reports and announcements. CENTRAL CONTRA COSTA SANITARY DISTRICT October 4, 2018 Board Meeting Minutes--Book 66--Page 181 21. Board Members - Re uests 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. EMERGENCY SITUATIONS None. REQUESTS FOR FUTURE AGENDA ITEMS None. ANNOUNCE CLOSED SESSION (pursuant to Government Code Section 54957.7 Mr. Alm announced that a closed session would be held for Item Nos. 22 and 23. RECESS TO CLOSED SESSION The Board recessed at 3:22 p.m. to reconvene in closed session in the Caucus Room. Closed Session (Not video recorded) CLOSED SESSION 22. Conference with Legal Counsel - existing litigation pursuant to Government Code Section 54955.9(d)(1): • Settle v. Central Contra Costa Sanitary District, et al., contra Costa County Superior Case No. MSC17-01591 23. Conference with Legal Counsel - existing litigation pursuant to Government code Section 54955.9(d)(1): ■ Contra Costa County Deputy Sheriffs Association, et al. v. Contra Costa County Employees'Retirement Association (CCCERA), et al., Court of Appeal, 1 st Appellate District, Division Four, Case No. A141913 RECESS TO OPEN SESSION The Board recessed at 4:20 to reconvene in open session in the Board Room. CENTRAL CONTRA COSTA SANITARY DISTRICT October 4, 2018 Board Meeting Minutes—Book 66-Page 182 REPORT OUT OF CLOSED SESSION None. ADJOURNMENT The meeting was adjourned at 4:21 p.m. J s A. Nejed ly �y resident of the Board of Directors Central Contra costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Katie Your: Secretary o e !strict Central Contra Costa Sanitary District County of Contra Costa, State of California