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HomeMy WebLinkAbout03.a. Approve minutes of meeting held 11-15-18 Page 1 of 11 Item 3.a. CENTRALSAN CENTRAL CONTRA COSTA SANITARY DISTRICT December 6, 2018 TO: HONORABLE BOARD OF DIRECTORS FROM: KATIE YOUNG, SECRETARYOF THE DISTRICT SUBJECT: NOVEMBER 15, 2018 BOARD MEETING MINUTES Attached are the draft minutes of the above Board meeting. Strategic Plan Tie-In GOAL ONE: Provide Exceptional Customer Service Strategy 1 - Build external customer relationships and awareness ATTACHMENTS: 1, Draft Board Minutes 11-15-18 December 6, 2018 Regular Board Meeting Agenda Packet- Page 6 of 202 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, November 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 No comments. REQUESTS TO CONSIDER MATTERS OUT OF ORDER None. CONSENT CALENDAR 1. Approve the following: a. November 1, 2018 Board meeting minutes These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. December 6, 2018 Regular Board Meeting Agenda Packet- Page 7 of 202 Page 3 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT November 15, 2018 Board Meeting Minutes-Page 2 2. Authorize the General Manager to execute a one-year extension to the contract for labor and employment related legal services with Hanson Bridgett LLP and Principal Counsel W. Daniel Clinton, Esq., effective January 1 through December 31, 2019 3. Consider increasing the annual contribution to the Employee Activities Organization (EAO) from $4,000 to $6,000 per year 4. Set public hearing on December 20, 2018 at 1:30 p.m. to consider establishing Cordell Drive Contractual Assessment District (CAD) No. 2017-1 in Danville 5. Adopt Resolution No. 2018-039 (1) accepting an offer of dedication of a sanitary sewer easement from HOEDELCT, LLC, a California limited liability company, as depicted on the subdivision map, related to Job 6460, located in Lafayette; and (2) authorizing staff to record the resolution with the Contra Costa County Recorder 6. Adopt Resolution No. 2018-040 (1) accepting offers of dedication of sanitary sewer easements from Developers as depicted on subdivision maps related to Jobs 6512, 6514, 6531, 6550, 6561, 6593, 6596 and 6603 at various locations in the City of Walnut Creek; and (2) authorizing staff to record the resolution with the Contra Costa County Recorder 7. Adopt Resolution No. 2018-041 (1) accepting offers of dedication of sanitary sewer easements from Developers as depicted on the subdivision maps related to Jobs 5746 and 6503 at various locations in the Town of Danville; and (2) authorizing staff to record the resolution with the Contra Costa County Recorder 8. Authorize the General Manager to execute a professional engineering services agreement in an amount not to exceed $844,000 with Brown and Caldwell for design of the Influent Pump Electrical Improvements, District Project 7328 9. Award a construction contract in the amount of $668,600 to Con J Franke Electric, Inc., the lowest responsive bidder for the Plant Control System Input and Output (1/0) Replacement Project — Phase 1, Filter Plant, District Project 7339; consider exemption from the California Environmental Quality Act (CEQA); and authorize up to a 15-percent contingency 10. Award a construction contract in the amount of $10,064,000 to C. Overaa & Company, the lowest responsive bidder for the Mechanical and Concrete Renovations, District Project 7351; consider exemption from the California Environmental Quality Act (CEQA); authorize up to a 10-percent contingency; authorize the General Manager to amend an existing agreement with Carollo Engineers, Inc. to increase the original $850,000 cost ceiling by $725,000 for construction support services; approve a $650,000 project for the Concord Main Metering Station, District Project 7367; and authorize the transfer of project funds to District Projects 7351 and 7367 December 6, 2018 Regular Board Meeting Agenda Packet- Page 8 of 202 Page 4 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT November 15, 2018 Board Meeting Minutes -Page 3 President Nejedly stated that Member Pilecki requested that Items 8 and 10 be pulled for discussion. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Causey to adopt Items 1 through 7 and Item 9 of the Consent Calendar as recommended. Motion passed by unanimous vote. With regard to item 8, Member Pilecki inquired about the construction costs associated with the Influent Pump Electrical Improvements. Capital Projects Division Manager Edgar Lopez stated approximately $5 million in improvements. Member Pilecki mentioned that the Capital Improvement Budget (CIB) does not include all of the funds needed for this project. Director of Engineering and Technical Services Jean-Marc Petit reminded the Board that this project is to start the preliminary design and staff will return to the Board with the final design and scope for approval. There was a discussion on the needs versus wants in respects to this project. Member Pilecki said criteria should be established as to what is a need versus a want. In his opinion, there are three things that qualify a project as a "need": condition of equipment, capacity, and regulatory requirements. He suggested that the Engineering & Operations Committee should define needs versus wants for putting together capital plans. President Nejedly said those decisions are subjective and it is not the job of the Board to make those determinations. Central San has a very capable General Manager whose job is to implement the policies set by the Board. He believes staff is spending far too much time on incorporating unnecessary, extraneous information in position papers to please Board Members. This comes at a substantial cost to the District and leads to extremely lengthy agenda packets. Member Williams concurred. Member Williams stated that from a policy perspective, the Board has directed the General Manager to get the maximum life out of the District's assets. The asset management and reliability engineering programs that have been implemented assist staff in addressing needs versus wants issues related to the capital program, thus carrying out the Board's direction. He believes the Board needs to trust the General Manager to oversee that. He also noted that changes constantly occur in projects and the budget needs to be flexible enough for staff to be able to move funds when necessary. Mr. Petit clarified that once preliminary design is done, staff will return to the Engineering & Operations Committee and the Board with a revised scope and budget for the project. BOARD ACTION: Motion was made by Member Nejedly and seconded by Member Pilecki to authorize the General Manager to execute a professional engineering services agreement in an amount not to exceed $844,000 with Brown and Caldwell for design of the Influent Pump Electrical Improvements, District Project 7328. Motion passed by unanimous vote. With regard to Item 10, Member Pilecki inquired about the discussion that occurred during the most recent Engineering & Operations Committee meeting about the budget allocation. December 6, 2018 Regular Board Meeting Agenda Packet- Page 9 of 202 Page 5 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT November 15, 2018 Board Meeting Minutes -Page 4 Member Causey explained that there was spirited conversation regarding the consolidation of projects and the movement of funds. Member Pilecki asked about the $2 million included in the project scope that was not identified in the initial study. Mr. Petit stated that it was not included in the CIB, but it was included in the Ten-Year Capital Improvement Plan. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member McGill to award a construction contract in the amount of $10,064,000 to C. Overaa & Company, the lowest responsive bidder for the Mechanical and Concrete Renovations, District Project 7351; consider exemption from the California Environmental Quality Act (CEQA); authorize up to a 10-percent contingency; authorize the General Manager to amend an existing agreement with Carollo Engineers, Inc. to increase the original $850,000 cost ceiling by $725,000 for construction support services; approve a $650,000 project for the Concord Main Metering Station, District Project 7367; and authorize the transfer of project funds to District Projects 7351 and 7367. Motion passed by the following vote: AYES: Members: Causey, McGill, Pilecki, Williams NOES: Members: Nejedly ABSTAIN: Members: None Member Williams inquired why President Nejedly voted no. President Nejedly explained that he supports the project but does not agree with the cost of the construction support services, which have doubled in cost, and believes that some of that work can be done in house. City of Concord Public Works Director Justin Ezell expressed his support for the project, especially the metering equipment, which will help maintain accurate flow readings. He appreciates Central San's staff effort and time to create the project. REPORTS AND ANNOUNCEMENTS 11. Receive mock-ups of sample Proposition 218 notices, as requested by the Administration Committee Communications and Intergovernmental Relations Manager Emily Barnett provided the Board with a history of the District's Proposition 218 past practices, including how Central San exceeds the minimum requirements to notify customers of rate increases. The Board was provided with three mock-up Proposition 218 notices each with a tear-off card or cut-out portion for filing protests. Assessment of staff time was included in the agenda materials. Member Williams stated that he would like to see a tear-off card to help customers voice their opinions. December 6, 2018 Regular Board Meeting Agenda Packet- Page 10 of 202 Page 6 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT November 15, 2018 Board Meeting Minutes -Page 5 President Nejedly believes Central San goes above and beyond the legal requirements with its Proposition 218 notices and does not want to see the District spend a lot of money on this issue. BOARD ACTION: Motion was made by Member McGill and seconded by Member Causey to keep the existing 2017 format for the upcoming Proposition 218 notice and utilize other methods, such as surveys, to gain input on customer feedback and satisfaction about Central San operations and any associated rate increase. Motion failed by the following vote: AYES: Members: Causey, McGill NOES: Members: Nejedly, Pilecki, Williams ABSTAIN: Members: None Mr. Bailey asked the Board for clarification on what they would like for this year's proposed rate increase letter. Ms. Barnett stated that the staff position was to keep the 2017 Proposition 218 format, and instead use more statistically proven methods such as surveys to gain customer feedback. President Nejedly reconsidered his vote. BOARD ACTION: Motion was made by Member Nejedly and seconded by Member McGill to keep the existing 2017 format for the upcoming Proposition 218 notice and utilize other methods, such as surveys, to gain input on customer feedback and satisfaction about Central San operations and any associated rate increases. Motion passed by the following vote: AYES: Members: Causey, McGill, Nejedly NOES: Members: Pilecki, Williams ABSTAIN: Members: None REPORTS AND ANNOUNCEMENTS 12. General Manager— Announcements a. Receive Fiscal Year 2017-18 Risk Management Annual Report Risk Management Administrator Shari Deutsch reviewed the presentation included with the agenda material. BOARD ACTION: Received the report. December 6, 2018 Regular Board Meeting Agenda Packet- Page 11 of 202 Page 7 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT November 15, 2018 Board Meeting Minutes-Page 6 b. Receive update on Leading Utilities of the World membership Management Analyst Christina Gee reviewed the presentation included with the agenda material. BOARD ACTION: Received the update. C. Receive Fiscal Year 2017-18 Optimizations Annual Report and Optimizations Program Plan Ms. Gee reviewed the presentation included with the agenda material. BOARD ACTION: Received the report. 13. General Manager—Announcements a. Announcements — November 15, 2018 1) Updated on Central San's Energy Usage — Third Quarter 2018 2) Inductively Coupled Plasma Mass Spectrometer (ICPMS) Ordered for the Laboratory No further announcements were made during the meeting. BOARD ACTION: Received the announcements. 14. Counsel for the District District Counsel Kent Alm announced that he is retiring from Meyers Nave at the end of the year but will continue to practice law and has offered to continue serving as Counsel for the District as a sole practitioner, with ancillary support provided by Meyers Nave. BOARD ACTION: Received the announcement. 15. Secretary of the District a. Ms. Young provided a brief update on the unofficial results of the November 6, 2018 consolidated election, stating that both incumbents, Members McGill and Williams, were re-elected. b. Ms. Young also announced the following upcoming Committee meetings: Administration — Tuesday, November 20 at 8:30 a.m. Finance— Tuesday, November 20 at 2:00 p.m. BOARD ACTION: Received the announcements. December 6, 2018 Regular Board Meeting Agenda Packet- Page 12 of 202 Page 8 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT November 15, 2018 Board Meeting Minutes-Page 7 16. Board Members — Committee Minutes a. November 5, 2018 — Engineering & Operations Committee — Chair Causey and Member McGill b. November 6, 2018 —Administration Committee — Chair McGill and Member Pilecki (alternate for Member Williams) BOARD ACTION: Received the Committee minutes. 17. 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 • November 13, 2018 - Board Liaison attendance at staff presentation to San Ramon City Council regarding DERWA (Dublin San Ramon Services District (DSRSD)/East Bay Municipal Utility District (EBMUD) Recycled Water Authority) Member McGill • November 1, 2018 - Contra Costa County Mayors' Conference hosted by the City of Orinda • November 8, 2018 - East Bay Leadership Council 2018 Philanthropy Awards in Danville • November 8, 2018 - Board Liaison meeting with DSRSD in Dublin • November 13, 2018 - Board Liaison attendance at staff presentation to San Ramon City Council regarding DERWA • November 15, 2018 — Industrial Association of Contra Costa County (IACCC) Annual Supervisors' Luncheon in Pleasant Hill Member McGill also provided a written report covering his announcements and other meetings. Member Pilecki • November 8, 2018 - Board Liaison attendance at staff presentation of Household Hazardous Waste Annual Report to Mt. View Sanitary District (stipend declined) • November 13, 2018 - Board Liaison presentation to the Concord City Council Member Williams Member Williams announced that he will be having rotator cuff surgery at the end of the month. President Nejedly BOARD ACTION: Received the reports and announcements. December 6, 2018 Regular Board Meeting Agenda Packet- Page 13 of 202 Page 9 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT November 15, 2018 Board Meeting Minutes -Page 8 18. Board Members - 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. EMERGENCY SITUATIONS Mr. Petit announced that at approximately 2:00 a.m. on Tuesday November 13, 2018, a high voltage 12kV electric feeder conductor from Substation 82 to Substation 40 within the treatment plant failed at a splice box. As a result, the treatment plant internal electric grid system experienced a fluctuation in voltage. Consequently, several electrical driven equipment experienced outages, including the bypass damper in the Solids Conditioning Building, an influent pump and associated variable frequency drive at the Headworks facility, and other equipment. In addition, as a result of the power interruption, the plant experienced a furnace wet scrubber bypass event during that period of time that lasted approximately five minutes. It has been reported to Bay Area Air Quality Management District. All systems were quickly restored by Operations staff. Capital Projects staff has retained a high voltage specialty electrical subcontractor to perform the splice repair under an existing contract with Aztec Construction, already on site performing the work. The costs are anticipated to be under$100,000, depending on extent of the failure, and will be handled as a contract change order to the Filter Plant Clearwell Repairs, District Project 7365. President Nejedly inquired why a high voltage contractor must be hired as a subcontractor. Mr. Lopez stated that when an emergency contract needed it is more efficient to hire a contractor who already has an existing contract with approved insurance. Other on-site contractors as well as outside contractors were notified, but Aztec Consultants was able to readily perform this work under their existing contract. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member McGill to place an emergency item on the agenda. Motion passed by unanimous vote. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Williams to authorize the General Manager to enter into an emergency contract with Aztec Construction to repair Substation 82 and continue payments on the contract until at least the next Board meeting. Motion passed by unanimous vote. Mr. Petit stated that staff believes the work will be completed before the next Board meeting on December 6. REQUESTS FOR FUTURE AGENDA ITEMS a. Member Causey made a motion to agendize a discussion at a future meeting to consider the creation of a sewer service charge rate committee. Member Pilecki seconded the motion for the sake of discussion and asked Mr. Bailey to recount his December 6, 2018 Regular Board Meeting Agenda Packet- Page 14 of 202 Page 10 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT November 15, 2018 Board Meeting Minutes-Page 9 experience with these types of committees. Mr. Bailey stated that he has worked for previous agencies with similar panels but believes it is a policy issue and he has no position either way. BOARD ACTION: Motion was made by Member Causey and seconded by Member Pilecki to agendize a discussion at a future meeting to consider the creation of a sewer service charge rate committee. Motion failed by the following vote: AYES: Members: Causey NOES: Members: McGill, Nejedly, Pilecki, Williams ABSTAIN: Members: None b. Member Williams asked whether it would be the Board's desire to agendize a discussion at a future meeting to clarify the Board's role on funding, timing and flexibility of staff in relation to the capital budget. Member McGill seconded the motion for the sake of further discussion but stated that from his perspective the issue is one of aligning the CIB, the Ten-Year CIP, and individual project budgets. President Nejedly stated that the Board and staff have discussed the issue multiple times and feels there is no need for such item. BOARD ACTION: Motion was made by Member Williams and seconded by Member McGill to agendize a discussion at a future meeting to consider the Board's role on funding, timing and flexibility of staff in relation to the budget. Motion failed by the following vote: AYES: Members: Williams NOES: Members: Causey, McGill, Nejedly, Pilecki ABSTAIN: Members: 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 19. RECESS TO CLOSED SESSION The Board recessed at 3:36 p.m. to reconvene in closed session in the Caucus Room. Closed Session (Not video recorded) CLOSED SESSION 19. Conference with labor negotiators pursuant to Government Code Section 54957.6: District Negotiator: Roger S. Bailey, General Manager December 6, 2018 Regular Board Meeting Agenda Packet- Page 15 of 202 Page 11 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT November 15, 2018 Board Meeting Minutes -Page 10 Group: Unrepresented at-will employees RECESS TO OPEN SESSION The Board recessed at 4:14 p.m. to reconvene in open session in the Board Room. REPORT OUT OF CLOSED SESSION Item 19. — Mr. Alm reported that no action was taken. ADJOURNMENT The meeting was adjourned at 4:15 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 December 6, 2018 Regular Board Meeting Agenda Packet- Page 16 of 202