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HomeMy WebLinkAboutBOARD MINUTES 11-07-19 ,ENTRAL SAN CENTRAL CONTRA COSTA SANITARY DISTRICT 5019 IMHOFF PLACE, MARTINEZ, CA 94553-4392 MINUTES* BOARD OF DIRECTORS: DAVID R. RULIAMS President REGULAR BOARD MEETING MICHAEL R.MCGILL Board Room President Pro Tem Thursday, November 7, 2019 PAUL H.CAUSEY 1:30m. JAMES A.NEIEDLY p' 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, Nejedly, Pilecki, Williams ABSENT.• Members: None PLEDGE OF ALLEGIANCE The Board, staff and audience joined in the Pledge of Allegiance. INTRODUCTIONS 1. New employees: • Charles (Carlos) Curiel, Maintenance Crew Member I, Operations Department, Collection System Operations Division, effective September 30, 2019 • Marcus Dahlund, Maintenance Crew Member I, Operations Department, Collection System Operations Division, effective October 15, 2019 • Khae Bohan, Asset Management Program Administrator, Engineering and Technical Services Department, Planning and Development Services Division, effective October 14, 2019 BOARD ACTION: Welcomed Mr. Curiel, Mr. Dahlund, and Ms. Bohan. These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. Book 67—Page 172 CENTRAL CONTRA COSTA SANITARY DISTRICT November 7, 2019 Board Meeting Minutes—Book 67-Page 173 PUBLIC COMMENT PERIOD No comments. REQUESTS TO CONSIDER MATTERS OUT OF ORDER None. AWARDS AND PRESENTATIONS 2. Receive the 2019 Excellence in Information Technology (IT) Practices Award from Municipal Information systems Association of California (MISAC) BOARD ACTION: Jeff Lewis, MISAC Representative, presented the award to the Board. CONSENT CALENDAR 3. Approve the following: a. October 17, 2019 Board meeting minutes 4. Approve expenditures incurred September 13, 2019 through October 10, 2019 5. Receive September 2019 Financial Statements and Investment Reports 6. Adopt proposed revisions to Board Policy No. BP 003— Hiring of District Retirees 7. Adopt proposed revisions to Board Policy No. BP 017— Fiscal Reserves, including allowing for establishment of a rate stabilization fund 8. Adopt proposed revisions to Board Policy No. BP 035 — Purchasing 9. Adopt proposed revisions to Board Policy No. BP 036 — Informal Bidding 10. Adopt (1) Resolution of Intention No. 2019- 069 to initiate the formation of the Ridgewood Road Contractual Assessment District (CAD) No. 2019-2 for the purpose of installing sewer improvements on Ridgewood Road in Alamo; and (2) Resolution No. 2019-070 approving the boundary for the proposed CAD 11. Adopt Resolution No. 2019-071 accepting a Grant of Easement for sanitary sewer purposes for 19 Moraga Via in Orinda — Parcel 4, related to the South Orinda Sewer Renovation Project Phase 6, District Project 8433 12. Approve the Outfall Improvements, Phase 7, District Project 7353, for California Environmental Quality Act (CEQA) and regulatory permitting purposes CENTRAL CONTRA COSTA SANITARY DISTRICT November 7, 2099 Board Meeting Minutes—Book 67-Page 174 13. Authorize the General Manager to execute a professional engineering services agreement in an amount not to exceed $2,400,000 with V.W. Housen and Associates for design services of the Pump Station Upgrades, Phase 2, District Project 8457 Regarding Item 6, Member Causey asked for a definition of"short term"when referring to hiring District retirees. Human Resources Manager Teji O'Malley stated that the term is undefined but meant to be a limited duration with no specific time frame. It was also noted that there is a cap of 960 hours per year. 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. There was a discussion regarding private sewer laterals and the future role, if any, the District may wish to take. President Williams suggested that there be a public policy discussion regarding private sewer laterals. General Manager Roger S. Bailey stated that staff will facilitate such a discussion later in this fiscal year with an assessment of the collection system as it relates to the private sewer laterals and the impact of the inflow and infiltration into the District's system. HEARINGS 14. Conduct hearing to consider appeal of a staff decision regarding a request to allow payment of$11,688.89 in Capacity Fees for 1776 Arnold Industrial Way, Suite A, in Concord over a three-year period Senior Engineer Thomas Brightbill introduced the item, recapping the information included in the Position Paper. Mr. Dan Dorsett addressed the Board regarding the capacity fees owed for 1776 Arnold Industrial Way, Suite A. He provided the background related to past use of the property and requested the Board consider allowing a payment plan for the unpaid capacity fees. The public hearing was opened and immediately closed after which District Counsel Kent Alm suggested that the comments made by Mr. Dorsett and staff immediately prior to opening and closing the hearing be adopted into the record. The Board agreed. Member Nejedly stated that it is important for public agencies to communicate with their customers and help the community when possible. Mr. Dorsett stated that Central San's fees are the highest fees they have been assessed in relation to this new business venture. He has also been working with other contractors, some of whom have offered reduced pricing. CENTRAL CONTRA COSTA SANITARY DISTRICT November 7, 2019 Board Meeting Minutes—Book 67-Page 175 Member Causey inquired about the 6 percent interest rate included with one of the installment payment options offered for the Board's consideration. Engineering Assistant 111 Russ Leavitt provided history on the reasoning behind the Board deciding on the 6 percent interest rate. District Counsel Kent Alm advised that the Board is not bound to the 6 percent interest rate and can choose any amount. BOARD ACTION: Motion was made by Member Nejedly and seconded by Member McGill to grant the appeal, waive the time of payment requirements in District Code Section 6.12.030, and allow the applicant to make payments over three years with an annual interest rate of 6 percent, which would increase the payments by $260.18 to $3,182.40. Motion passed by unanimous vote. Member Pilecki suggested the Board consider delegating to the General Manager the authority to approve installment payment plans such as this in the future to save staff time and to streamline the process. Mr. Alm advised that, should the majority of the Board agree, staff can bring forth a resolution or an ordinance to change the District Code. (See Suggestions for Future Agenda Items below.) OTHER BOARD ACTION ITEMS 15. Find that the Project is exempt from the California Environmental Quality Act (CEQA); award a construction contract in the amount of$24,292,551 to Mountain Cascade, Inc., the lowest responsive and responsible bidder for the Pump Station Upgrades, Phase 1, District Project 8436; authorize the General Manager to execute the Contract Documents subject to submittal requirements and include up to a 7.5- percent contract contingency; amend an existing agreement with V.W. Housen and Associates to include engineering support services in an amount not to exceed $900,000; execute a professional engineering services agreement with Psomas in an amount not to exceed $1,800,000 for construction management services; and include a bid alternative to upgrade the Moraga and Orinda Crossroads Pump Stations to dry pit submersible pumps in the amount of$1,342,000 Director of Engineering and Technical Services Jean-Marc Petit reviewed the presentation included with the agenda material. There was a lengthy discussion about the issues of potential internal and external flooding in regard to the pump stations. Mr. Petit answered several questions from the Board Members. In response to a question from Member Pilecki, Mr. Petit stated that the suction isolation shutdown valves will all be electric valves actuated. There was a discussion regarding the recommendation to use consultants rather than staff for some of the construction management support services related to the project. Mr. Petit stated that after conducting a business case evaluation, it is staff's recommendation that consultants be utilized for these purposes. CENTRAL CONTRA COSTA SANITARY DISTRICT November 7, 2019 Board Meeting Minutes—Book 67-Page 176 Member Pilecki advised that he is opposed to replacing the dry weather pumps with submersible pumps and inquired if the District is following the Board Policy of using the equipment to its full useful life. Mr. Nejedly stated that staff needs to prepare for the worst-case scenario. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member McGill with respect to the Pump Station Upgrades, Phase 1, District Project 8436 (project), to: a. Find that the project is exempt from CEQA; b. Award a construction contract in the amount of$24,292,551 to Mountain Cascade, Inc., the lowest responsive and responsible bidder for the Pump Station Upgrades, Phase 1, District Project 8436; C. Authorize the General Manager to execute the Contract Documents subject to submittal requirements and include 7.5-percent contract contingency; d. Authorize the General Manager to amend an existing agreement with V.W. Housen and Associates in an amount not to exceed $900,000 for engineering support services during construction; e. Authorize the General Manager to execute an agreement with Psomas in an amount not to exceed $1,800,000 for construction management services. Motion passed by unanimous vote. BOARD ACTION: Motion was made by Member Nejedly and seconded by Member McGill with respect to the Pump Station Upgrades, Phase 1, District Project 8436 (project), to: f. Include a bid alternative for the project to upgrade the Moraga and Orinda Crossroads Pump Stations to dry pit submersible pumps in the amount of$1,342,000. Motion passed by the following vote: AYES: Member: McGill, Nejedly, Williams NOES: Member: Causey, Pilecki ABSTAIN: Member: None District Counsel Kent Alm announced that the closed session agenized for this meeting was being deferred to a future meeting and that he must leave the meeting early. Mr. Alm left the meeting at 3:20 p.m. CENTRAL CONTRA COSTA SANITARY DISTRICT November 7, 2019 Board Meeting Minutes—Book 67-Page 177 REPORTS AND ANNOUNCEMENTS 16. General Manager— Reports a. Receive debriefing on (1) October 14, 2019 earthquake in Pleasant Hill; (2) Central San responses to PG&E's Public Safety Power Shutoffs (PSPS); and (3) October 27, 2019 activation of Emergency Operations Center(EOC) in response to Lafayette wildfire Risk Management Administrator Shari Deutsch reviewed the presentation included with the agenda material. Member Pilecki suggested having satellite phones for the District's critical facilities during an emergency. Ms. Deutsch advised that staff has already purchased two for a trial period. In response to a question from Member Causey, Ms. Deutsch advised the Board that the Emergency Operations Center has a centralized line for family and friends to be able to reach an employee when there is an emergency. BOARD ACTION: Received the debriefing. b. Receive Fiscal Year 2018-19 Risk Management Annual Report Risk Management Administrator Shari Deutsch reviewed the presentation included with the agenda material. BOARD ACTION: Received the report. C. Receive Benchmarking Study comparing Central San's performance since July 1, 2015 to sister agencies in California and agencies nationwide Management Analyst Christina Gee reviewed the presentation included with the agenda material. BOARD ACTION: Received the study. 17. General Manager—Announcements a. Announcements— November 7, 2019 1) Central San receives Certificate of Achievement for Excellence in Financial Reporting (CAFR) Award 2) Annual notices sent to reimbursement account holders 3) Staff to present at Hawaii Water Environment Association's 10th Biennial Collection Systems Conference in Kaneohe, Hawaii CENTRAL CONTRA COSTA SANITARY DISTRICT November 7, 2019 Board Meeting Minutes—Book 67-Page 178 4) Staff to attend American Water Summit in Houston, Texas 5) Staff to perform Treatment Plant standby generator testing on November 9, 2019 Mr. Bailey made the following announcement at the meeting: 6) Mr. Bailey suggested the Board consider adjourning the meeting today in honor of Central San's employee veterans. BOARD ACTION: Received the announcements. 18. Counsel for the District - No report. 19. Secretary of the District Ms. Young announced the following upcoming Committee meetings: Real Estate, Environmental& Planning— Monday, November 18 at 9:30 a.m. Engineering & Operations— Tuesday, November 19 at 2:00 p.m. BOARD ACTION: Received the announcements. 20. Board Members — Committee Minutes a. October 15, 2019—Administration Committee— President Williams and Member McGill b. October 15, 2019— Engineering & Operations Committee— Chair Nejedly and Member Pilecki C. October 21, 2019— Real Estate, Environmental & Planning Committee — Chair Pilecki and Member McGill d. October 22, 2019 —Administration Committee— President Williams and Member McGill e. October 22, 2019 — Finance Committee— Chair Causey and Member Pilecki (alternate) f. October 29, 2019 — Engineering & Operations Committee — Chair Nejedly and Member Pilecki BOARD ACTION: Received the Committee minutes. CENTRAL CONTRA COSTA SANITARY DISTRICT November 7, 2019 Board Meeting Minutes—Book 67-Page 179 21. 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 • November 2, 2019 - Congressman Mark DeSaulnier Session • Announced he will be out of the state and absent from the November 21St Board Meeting Member McGill • October 21, 2019 — California Special Districts Association (CSDA) — Contra Costa Chapter meeting in Walnut Creek • October 22, 2019 — Industrial Association of Contra Costa County (IACCC) Forum in Pleasant Hill Member McGill also provided a written report covering his announcements and other meetings. Member Neiedly_ - No report. Member Pilecki - No report. President Williams - No report. BOARD ACTION: Received the reports and announcements. 22. 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 In follow-up to his suggestion made during discussion of Item 14, Member Pilecki restated his earlier suggestion to bring back an item regarding changing the District Code to allow the General Manager authority to authorize installment payments for capacity fees, such as that approved by the Board at this meeting. This suggestion was not supported by a majority of Board Members. ANNOUNCE CLOSED SESSION (pursuant to Government Code Section 54957.7) This item was deferred to a future meeting. CENTRAL CONTRA COSTA SANITARY DISTRICT November 7, 2019 Board Meeting Minutes—Book 67-Page 180 CLOSED SESSION 23. Conference with Legal Counsel -Anticipated Litigation —exposure to litigation pursuant to Government Code Section 54956.9(d)(2): • One Potential Case — Brian Shenson, et al. v. County of Contra Costa, Pleasant Hill Recreation and Park District, et al., Contra Costa County Superior Court Case No. CIVMSC17-01267 ADJOURNMENT President Williams adjourned the meeting at 4:22 p.m. in honor of all Central San military veterans, past and present, and others who have served and sacrificed for their country. David R. Williams President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED-. Q�, / 4Kd� o -Sebretary 5f the-District Centrad Contra Costa Sanitary District County of Contra Costa, State of California