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HomeMy WebLinkAboutBOARD MINUTES 05-02-19 CENTRAL SAN CENTRAL CONTRA COSTA SANITARY DISTRICT 5019 IMHOFF PLACE, MARTINEZ, CA 94553-4392 MINUTES* BOARD OF DIRECTORS: DAVID R.WILLIAMS REGULAR BOARD MEETING President MICHAEL R.MCGILL Board Room President Pro Tem Thursday, May 2, 2019 PAUL CAUSEY 1:30 p.m. JAMES A.NEJEDLY TAD J.PILECKI Open Session — Board Room (Video recorded) ROLL CALL A regular meeting of the Board of Directors was called to order by President Williams at 1:30 p.m. Secretary of the District Katie Young called roll: PRESENT., Members: Causey, McGill, Pilecki, Williams ABSENT. Members: Nejedly 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. AWARDS AND PRESENTATIONS 1. Preview new Central San Wipes Clog Pipes public outreach video Communications and Intergovernmental Relations Manager Emily Barnett played the video. BOARD ACTION: Viewed the video. These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. Book 67— Page 72 CENTRAL CONTRA COSTA SANITARY DISTRICT May 2, 2019 Board Meeting Minutes—Book 67-Page 73 CONSENT CALENDAR 2. Approve the following: a. April 18, 2019 Board meeting minutes 3. Approve expenditures dated May 2, 2019 4. Receive March 2019 Financial Statements and Investment Reports 5. Set public hearing for June 6, 2019 at 1:30 p.m. to receive public comment on: • Adopting an uncodified ordinance amending the Schedule of Capacity Fees, and • Adopting an uncodified ordinance amending the Schedule of Environmental and Development-Related Fees and Charges 6. Set public hearing for June 6, 2019 at 1:30 p.m. to receive public comments on adopting the Central San Budget for Fiscal Year 2019-20 7. Approve revisions to Board Policy No. BP 007 — Teleconferencing Policy 8. Approve revisions to Board Policy No. BP 027 — Energy 9. Adopt new Board Policy No. BP 039 — Internal Audit Function 10. Grant bid relief to Bay Pacific Pipelines Inc.; award a construction contract in the amount of$2,775,589 to Cratus, Inc., the second lowest responsive bidder for the South Orinda Sewer Renovations, Phase 7, District Project 8454; find that the project is exempt from the California Environmental Quality Act (CEQA); and authorize up to a 15-percent contingency BOARD ACTION: Motion was made by Member Pilecki and seconded by Member McGill to adopt the Consent Calendar as recommended. Motion passed by unanimous vote of the Board. (4-0; Nejedly absent.) OTHER BOARD ACTION ITEMS 11. Approve a new project in the amount of$250,000 for the Water Exchange Project, District Project 7368, and authorize the General Manager to execute a contract amendment with Brown & Caldwell to increase the cost ceiling from $95,000 to $345,000 for as-needed technical support to complete the Preliminary Feasibility Evaluation Program Manager for Resource Recovery Melody LaBella reviewed the first half of the presentation included with the agenda material. President Williams asked if the Bethany Pipeline was needed if the Water Exchange project used water from the Los Vaqueros Reservoir. Ms. LaBella stated that the CENTRAL CONTRA COSTA SANITARYDISTRiCT May 2, 2019 Board Meeting Minutes—Book 67-Page 74 Bethany Pipeline would still be needed to support the Los Vaqueros Reservoir Expansion project. There was a lengthy discussion on the yield and quantity of water available for the project during which Ms. LaBella answered a series of questions from the Board Members. Director of Engineering and Technical Services Jean-Marc Petit reviewed the remaining slides of the presentation relating to Central San projects and the project's potential impact on future Central San's total inorganic nitrogen (TIN) discharge. He noted that should the water exchange happen, and both agencies participate, the project could have a long-term positive impact on meeting future TIN discharge requirements. Ms. LaBella reviewed the proposed additional scope of work tasks for Brown & Caldwell that would be included as part of the staff recommended contract amendment. General Manager Roger S. Bailey advised the Board that, based on the general guidelines established for the project, staff is committed to making Contra Costa Water District(CCWD) and the refineries whole relative to water quality constraints. Member Pilecki inquired when the anticipated evaluation of the actual water supply needed for Santa Clara Valley Water District (SCVWD) would be available. Mr. Bailey responded that staff needs to understand the total cost for the optimized project and review the scenarios so that SCVWD, CCWD and Central San can agree with the total cost and the allocation of cost relative to who benefits. Member Pilecki suggested a special workshop may be advantageous to discuss this item in the future. Member McGill agreed. Member Causey expressed concern regarding the mechanism used to provide funding for the fee for Brown & Caldwell for the project and that it needs to be fully transparent whether using contingencies or reserves. President Williams asked if staff discussed the scope of work and amendments with all consultants who submitted proposals for this project. Mr. Petit responded that all consultants were made aware of the project and that the Brown & Caldwell scope would not be extended beyond this latest amendment. BOARD ACTION: Motion was made by Member McGill and seconded by Member Pilecki to approve a contingency project in the amount of$250,000 for the Water Exchange Project, District Project 7368; and authorize the General Manager to execute a contract amendment with Brown & Caldwell to increase the cost ceiling from $95,000 to $345,000 for as-needed technical support. Motion passed by unanimous vote of the Board. (4-0; Nejedly absent.) CENTRAL CONTRA COSTA SANITARY DISTRICT May 2, 2099 Board Meeting Minutes—Book 67-Page 75 After the vote on this item, Mr. Bailey advised the Board of the intention of completing the Memorandum of Understanding and to remain consistent with its Guiding Principles. 12. Authorize the General Manager to amend an existing professional services agreement with Stantec Consulting Services, Inc. to increase the contract ceiling from $990,000 to $1,540,000 million for design of the Filter Plant and Clearwell Improvements - Phase 1A, District Project 7361 Mr. Petit reviewed the presentation included with the agenda material and answered several questions from the Board Members. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Causey to authorize the General Manager to amend an existing professional services agreement with Stantec Consulting Services, Inc. to increase the contract ceiling from $990,000 to $1,540,000 million for design of the Filter Plant and Clearwell Improvements - Phase 1A, District Project 7361. Motion passed by unanimous vote of the Board. (4-0; Nejedly absent.) LEGISLATIVE MATTERS 13. Receive update on pending legislative matters and provide direction on priority legislation Ms. Barnett reviewed an updated 2019 Priority Legislative Tracking Sheet. Since AB 1486 has been amended, allowing only for first right of refusal for housing entities for land not for an agency's governmental operations, Ms. Barnett recommended changing Central San's position from "oppose"to "watch." Ms. Barnett also advised the Board that SB 332 regarding ocean discharge was passed by the Senate Judiciary Committee and is now headed to the Appropriations Committee. BOARD ACTION: Motion was made by Member McGill and seconded by Member Causey to change the Board's position on AB 1486 from "oppose" to "watch." Motion passed by unanimous vote of the Board. (4-0; Nejedly absent.) REPORTS AND ANNOUNCEMENTS 14. General Mana er— Report a. Receive annual update on 2018 Recycled Water Program Associate Engineer Justin Waples reviewed the presentation included with the agenda material. CENTRAL CONTRA COSTA SANITARY DISTRICT May 2, 2019 Board Meeting Minutes—Book 67-Page 76 Member Causey requested that future annual updates include revenue and expense information so the Board can see the financial impacts. Director of Finance and Administration Phil Leiber noted that those figures will be provided in the Fiscal Year 2019-20 budget book. BOARD ACTION: Received the update. b. Receive AgLantis 2018 Annual Report related to the CoCo San Sustainable Farm Project and farm related updates Planning and Development Services Division Manager Danea Gemmell provided a brief review of the annual report included in the agenda materials. BOARD ACTION: Received the annual report. 15. General Manager—Announcements a. Announcements — May 2, 2019 1) Project Bidding for Sludge Blending Tank Repairs, District Project 6172 2) Recap of Bring a Child to Work Day Held April 25, 2019: Mr. Bailey said more than 90 children participated in this year's Bring a Child to Work Day and the employees are appreciative that the District hosts this event. He recognized the efforts of all staff who coordinated and participated in making it such a success. Mr. Bailey also made the following announcement at the meeting: 3) The fourth annual Central San Citizens Academy concluded on April 30, 2019. He believes the citizen participants very much appreciate the efforts of the management and staff in putting on the Academy and he thanked staff for making it such a success. BOARD ACTION: Received the announcements. 16. Counsel for the District No report. 17. Secretary of the District Ms. Young announced the following upcoming Committee meetings: Real Estate, Environmental& Planning— Monday, May 6 at 9:00 a.m. Engineering & Operations— Tuesday, May 7 at 2:00 p.m. CENTRAL CONTRA COSTA SANITARY DISTRICT May 2, 2019 Board Meeting Minutes—Book 67-Page 77 Administration — Tuesday, May 14 at 8:30 a.m. BOARD ACTION: Received the announcements. 18. Board Members — Committee Minutes a. April 15, 2019 — Real Estate, Environmental & Planning Committee— Chair Pilecki and Member McGill b. April 16, 2019 —Administration Committee — President Williams and Member McGill District Counsel Kent Alm announced that should the Board Members desire to have additional information on reporting requirements for travel paid for by outside organizations, as discussed in the Administration Committee meetings, he would happy to provide it. Mr. Alm also stated, as per discussion with the Administration Committee, that a quick reference sheet has been provided to the Board President on Rosenberg's Rules of Order for use during meetings. Mr. Bailey advised the Board that the topic of Rosenberg's Rules of Order will be brought back for further discussion at the Board Self-Evaluation workshop in 2020. C. April 16, 2019 — Engineering & Operations Committee — Chair Nejedly and Member Pilecki d. April 23, 2019 — Finance Committee — Chair Causey and Member Nejedly BOARD ACTION: Received the Committee minutes. 19. 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 • April 30, 2019 — Central San Academy Graduation in Pleasant Hill • April 17, 2019 — State Water Resources Control Board (SWRCB) Waste Discharge Requirements Stakeholders Meeting in Sacramento Member McGill • April 30, 2019 — Central San Academy Graduation in Pleasant Hill Member McGill also provided a written report covering his announcements and other meetings. Member Pilecki • April 30, 2019 — Central San Academy Graduation in Pleasant Hill CENTRAL CONTRA COSTA SANITARYDISTRICT May 2, 2019 Board Meeting Minutes—Book 67-Page 78 President Williams • April 30, 2019 — Central San Academy Graduation in Pleasant Hill BOARD ACTION: Received the reports and announcements. 20. 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 None. REQUESTS FOR FUTURE AGENDA ITEMS None. ANNOUNCE CLOSED SESSION foursuant to Government Code Section 54957.71 District Counsel Kent Alm announced that a closed session would be held for Items 29 and 22. RECESS TO CLOSED SESSION The Board recessed at 4:07 p.m. to reconvene in closed session in the Caucus Room. Closed Session (Not video recorded) CLOSED SESSION 21. Conference with Legal Counsel — existing litigation pursuant to Government Code Section 54956.9(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 22. 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 CENTRAL CONTRA COSTA SANITARY DISTRICT May 2, 2019 Board Meeting Minutes—Book 67-Page 79 RECESS TO OPEN SESSION The Board recessed at 4:59 p.m. to reconvene in open session in the Board Room. REPORT OUT OF CLOSED SESSION Mr. Alm stated that there was no reportable action. ADJOURNMENT The meeting was adjourned at 5:00 p.m. David R. Williams 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