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HomeMy WebLinkAbout03.a. Approve minutes of meeting held 01-16-2020 Page 1 of 10 Item 3.a. k�*k CENTRAL SAN CENTRAL CONTRA COSTA SANITARY DISTRICT February 20, 2020 TO: HONORABLE BOARD OF DIRECTORS FROM: KATIE YOUNG, SECRETARY OF THE DISTRICT SUBJECT: JANUARY 16, 2020 BOARD MEETING MINUTES Attached are the draft minutes of the above Board meeting. ATTACHMENTS: 1. Draft Minutes of 01-16-2020 Board meeting February 20, 2020 Regular Board Meeting Agenda Packet- Page 9 of 161 Page 2 of 10 CENTRAL SAN CENTRAL •NTRA COSTA SANITARY DISTRICT 5019 • MINUTES* BOARD OF DIRECTORS: MICHAEL R.MCGILL President REGULAR BOARD MEETING TAD J PILECKI Board Room President Pro Tent Thursday, January 16, 2020 PAUL H.CAUSEY 1:30 p.m. DRAFT DAVIDR. ILLIDMS Open Session — Board Room (Video recorded) ROLL CALL A regular meeting of the Board of Directors was called to order by President McGill at 1:30 p.m. Secretary of the District Katie Young called roll: PRESENT.- Members: Causey, Nejedly, Pilecki, Williams, McGill ABSENT. Members: None PLEDGE OF ALLEGIANCE The Board, staff and audience joined in the Pledge of Allegiance. INTRODUCTIONS 1. New employee: • Robert Jimenez, Maintenance Crew Member I, Operations Department, Collection System Operations Division, effective December 16, 2019 BOARD ACTION: Welcomed Mr. Jimenez. PUBLIC COMMENT PERIOD No comments. REQUESTS TO CONSIDER MATTERS OUT OF ORDER District Counsel Kent Alm advised the Board that staff brought to his attention an urgent item that would need Board approval regarding an emergency repair to the Lower Orinda These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. February 20, 2020 Regular Board Meeting Agenda Packet- Page 10 of 161 Page 3 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT January 16, 2020 Board Meeting Minutes - Page 2 Pumping Station. The situation occurred after the Board agenda was posted. The protocols to add an item to the agenda and declare an emergency were discussed. BOARD ACTION: Motion was made by Member Causey and seconded by Member Nejedly to add an emergency item regarding a repair to the Lower Orinda Pumping Station to the agenda. Motion passed by unanimous vote. AWARDS AND PRESENTATIONS 2. Adopt Resolution No. 2020-001 commending outgoing Board President David R. Williams for his service BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Causey to adopt Resolution No. 2020-001 commending outgoing Board President David R. Williams for his service as recommended. Motion passed by the following vote: AYES: Members: Causey, Nejedly, Pilecki, McGill NOES: Members: None ABSTAIN: Members: Williams CONSENT CALENDAR 3. Approve the following: a. December 19, 2019 Board meeting minutes 4. Approve expenditures incurred November 15 through December 5, 2019 5. Receive November 2019 Financial Statements and Investment Reports BOARD ACTION: Motion was made by Member Williams and seconded by Member Causey to adopt the Consent Calendar as recommended. Motion passed by unanimous vote. OTHER BOARD ACTION ITEMS 6. Receive information on Strategic Risk Inventory and Enterprise Risk Management (ERM) program Director of Finance and Administration Phil Leiber and Risk Administrator Shari Deutsch reviewed the presentation included with the agenda material. Member Pilecki asked if the mitigation cost of the risks is incorporated in the Capital and Operations and Maintenance budgets. Mr. Leiber stated that staff has not completed a full assessment and is completing steps to ensure the resources are aligned to the risk. The information will be used while staff compiles this year's budget. February 20, 2020 Regular Board Meeting Agenda Packet- Page 11 of 161 Page 4 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT January 16, 2020 Board Meeting Minutes - Page 3 Member Causey requested staff to provide the Board with annual updates on the Strategic Risk Inventory and ERM Program. Both Mr. Leiber and Ms. Deutsch said annual updates have been envisioned going forward. BOARD ACTION: Received the information and requested staff provide annual updates in the future. 7. Approve proposed 2020 Internal Audit Work Plan Senior Internal Auditor Erica Brooks Peters reviewed the presentation included with the agenda material. Given that Ms. Brooks Peters has given notice that she will be relocating outside the area in March, General Manager Roger S. Bailey noted that the timeline for some of the audits may change. Member Causey suggested hiring an outside consultant to help complete the audits until a new internal auditor is brought on board. Mr. Bailey said he did not believe that would be necessary because some slippage in the audit schedule could be accommodated. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Williams to approve the 2020 Internal Audit Work Plan. Motion passed by unanimous vote. 8. Consider adopting proposed: (1) revisions to Board Policy No. BP 037 - Delegation of Authority to General Manager; and (2) Resolution Nos. 2020-002 through 2020- 004 delegating authority for emergency powers, Emergency Operations Plan, and claims settlement Mr. Bailey advised that the matter of potentially implementing limits on General Manager authority to enter into contracts for goods and services will be brought back to the Board for discussion at a future meeting. In response to a question from Member Causey, Mr. Alm provided clarification regarding Joint Powers Authority (JPA) agreements. Member Causey inquired whether there is a limitation on the duration for a General Manager transitional position (Section 14.a.). Mr. Bailey responded that a General Manager transitional position is never longer than 24 months. Member Causey requested that the limitation be incorporated into the policy document. BOARD ACTION: Motion was made by Member Williams and seconded by Member Pilecki to adopt: (1) the proposed revisions to BP 037, including the addition of language denoting the 24-month limitation on General Manager transitional positions in Section 14.a.; and (2) the three proposed resolutions. Motion passed by unanimous vote. February 20, 2020 Regular Board Meeting Agenda Packet- Page 12 of 161 Page 5 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT January 16, 2020 Board Meeting Minutes- Page 4 9. Declare an emergency pursuant to California Public Contract Code (PCC) §22050(b)(1) and authorize the General Manager to execute a contract to repair or replace the variable frequency drives at the Lower Orinda Pumping Station Capital Projects Division Manager Edgar Lopez described an emergency that had occurred earlier in the day at the Lower Orinda Pumping Station located off Camino Pablo Road in Orinda adjacent to the Orinda County Club and San Pablo Creek. This facility is a large and critical pump station serving all Central San customers north of Highway 24 in Orinda. Sewer flows can reach up to 17 million gallons a day during peak wet weather conditions. The pump station is equipped with three wet weather pumps that are controlled by variable frequency drives (VFDs). As of this morning, two of the three VFDs were out of service and the Operation and Maintenance staff has been attempting repairs. However, with the upcoming rains forecasted and the time required to formally bid a public project, staff is requesting that an emergency be declared to allow staff to contract for repairs and/or replacement of the VFDs as soon as possible. Member Pilecki queried whether this situation constituted a declaration of emergency, asking if repairs can be handled without taking such measures. District Counsel Kent Alm said that at least four Board Members must determine if the situation is one that would justify taking emergency measures as authorized under the law. Mr. Lopez and Director of Engineering and Technical Services Jean-Marc Petit stated that staff has only been able to patch the equipment, not repair it, and there is no guarantee that it will not fail again. Member Nejedly said he would support declaring an emergency. Member Williams agreed, stating that more wet weather is on the way, which increases the potential for an overflow into a nearby creek. Member Pilecki said that in his opinion, the true emergency is the potential loss of ability to contract for bypass pumping. Mr. Alm said if that were to be needed, the General Manager would have authority under the other emergency powers that he has been granted to do whatever needed to be done to address that situation. Mr. Alm stated that as per the protocols for an emergency situation, the General Manager will review the emergency action at every regular Board meeting until the emergency is terminated. BOARD ACTION: Motion was made by Member Williams and seconded by Member Nejedly to: (1) declare an emergency pursuant to California Public Contract Code (PCC) §22050(b)(1); and (2) authorize the General Manager to enter into a contract for repair or replacement of the VFDs at the Lower Orinda Pumping Station. Motion passed by the following roll call vote: AYES: Members: Causey, Nejedly, McGill, Williams NOES: Members: Pilecki February 20, 2020 Regular Board Meeting Agenda Packet- Page 13 of 161 Page 6 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT January 16, 2020 Board Meeting Minutes - Page 5 Member Causey expressed concern about the lack of inventory of standby equipment available to repair VFDs. He said he would like staff to conduct a failure analysis to determine whether more standby equipment is needed to hopefully prevent this type of situation from recurring. Members Pilecki and Nejedly agreed with the request; Member Williams questioned the value of such an analysis. REPORTS AND ANNOUNCEMENTS 10. General Manager— Reports a. Receive informational list of pending Board and Standing Committee future agenda items BOARD ACTION: Received the list. b. Receive report on a Business in Significant Noncompliance during 2019 under the Environmental Compliance Program BOARD ACTION: Received the report. C. Receive presentation on staff's visit to Orange County's Sanitation District and the Water District's Groundwater Replenishment System Program Manager for Resource Recovery Melody LaBella reviewed the presentation included with the agenda material. There was a discussion on providing bus transportation to customers for educational purposes. Communications and Intergovernmental Relations Manager Emily Barnett stated that internal discussions were being held regarding options for transportation, the results of which will be provided to the Board at a future meeting. BOARD ACTION: Received the presentation. d. Receive update on the potential for Central San to participate in the development of a regional solution for solid waste recycling Ms. LaBella reviewed the presentation included with the agenda material. There was a lengthy discussion on the issue of gasification and the regional concerns of handling all wastes. Member Pilecki said the goal of this item was determine if available waste streams could be utilized to create energy and, if so, whether a public-private partnership could be developed to pursue options. He said he still wished to pursue the concept further. Member Williams stated that creating energy out of these waste streams is possible, but the costs would be astronomical. For this reason, he was not in favor of pursuing the idea any further. February 20, 2020 Regular Board Meeting Agenda Packet- Page 14 of 161 Page 7 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT January 16, 2020 Board Meeting Minutes - Page 6 Mr. Bailey acknowledged that the theoretical response to Member Pilecki's initial inquiry was yes, adding that there must be a "project"if there is to be any hope of a public-private partnership to seek a solution. He said if the Board is interested, one possible way forward would be to speak with the different agencies involved to hold "big picture"conversations about what their problems are and to brainstorm ideas for solving them, with a view toward whether there is value in having Central San develop a system that might be able to help facilitate a solution. Acknowledging Member Pilecki's desire to move forward, and Member Williams' viewpoint not to move forward, Member McGill polled the other Board Members as to their interest in learning more on this topic. Member Causey said he was not in favor at this point, especially if it might slow down solar energy projects. Member Nejedly said one of the most difficult aspects of a regional solution is bringing people together and the high cost of trucking. Having said that, he said he was willing to pursue the matter further on an informal basis. President McGill said he also was interested in being part of a larger solution and was willing to learn more. BOARD ACTION: Received the update and by consensus supported the concept of Central San staff holding conversations with the various solids handling agencies toward potential development of ideas for a regional solution for solid waste recycling. e. Receive Optimizations Program Annual Report for Fiscal Year 2018-19 Management Analyst Christina Gee reviewed the presentation included with the agenda material. BOARD ACTION: Received the report. f. Receive introduction to Membrane Filtration Pilot Project Director of Engineering and Technical Services Jean-Marc Petit reviewed the presentation included with the agenda material. There was a discussion on the funding of the pilot project. Mr. Bailey stated that staff will track costs and will determine how the project will be funded. BOARD ACTION: Received the introduction and provided input to staff. REPORTS AND ANNOUNCEMENTS 11. General Manager— Announcements a. Announcements — January 16, 2020 February 20, 2020 Regular Board Meeting Agenda Packet- Page 15 of 161 Page 8 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT January 16, 2020 Board Meeting Minutes- Page 7 1) Public bidding for Danville Sewer Renovations, Phase 3, District Project 8456 2) Public bidding for Outfall Improvements, Phase 7, District Project 7353 3) 2020 Health & Wellness Expo to be held February 4,5 and 19, 2020 No further announcements were made during the meeting. BOARD ACTION: Received the announcements. 12. Counsel for the District Mr. Alm stated that he received notification from the Supreme Court regarding the Contra Costa County Employees'Retirement Association (CCCERA) case regarding presentation and counsel availability. He also informed the Board that the District received a claim regarding an unlawful death lawsuit related to a bicycle accident in June 2019 and that further investigation into the claim is pending. 13. Secretary of the District Ms. Young announced the following upcoming Board and Committee meetings: • Finance — Tuesday, January 28 at 2:00 p.m. • Board Workshop — Monday, February 3 from 11:00 a.m. to 3:00 p.m. • Engineering & Operations — Tuesday, February 4 at 2:00 p.m. • Real Estate, Environmental & Planning — Monday, February 10 at 3:00 p.m. • Administration — Tuesday, February 18 at 8:30 a.m. • Finance — Tuesday, February 18 at 2:00 p.m. BOARD ACTION: Received the announcements. 14. Board Members — Committee Minutes a. December 16, 2019 — Real Estate, Environmental & Planning Committee — Chair Pilecki and Member McGill b. December 17, 2019 —Administration Committee — President Williams and Member McGill C. December 18, 2019 — Finance Committee — Chair Causey and Member Nejedly BOARD ACTION: Received the Committee minutes. February 20, 2020 Regular Board Meeting Agenda Packet- Page 16 of 161 Page 9 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT January 16, 2020 Board Meeting Minutes- Page 8 15. 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— No report. Member Nejedly— No report. Member Pilecki — No report. Member Williams • Member Williams said he will be attending the California Association of Sanitation Agencies (CASA) Conference next week in Palm Springs. President McGill • January 9, 2020 — Contra Costa County Mayors' Conference hosted by the City of Pinole President McGill also provided a written report covering his announcements and other meetings. BOARD ACTION: Received the reports and announcements. 16. 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 See Item 9. above. ANNUAL MEETING OF CCCSD FACILITIES FINANCING AUTHORITY 17. Adjourn Board meeting and reconvene as the Central Contra Costa Sanitary District Facilities Financing Authority (FFA) to conduct its Annual Meeting Note: In compliance with Assembly Bill 23, Board Members will not receive a separate or increased stipend for attendance at this meeting. February 20, 2020 Regular Board Meeting Agenda Packet- Page 17 of 161 Page 10 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT January 16, 2020 Board Meeting Minutes - Page 9 BOARD ACTION: President McGill adjourned the Board meeting and passed the gavel to Member Causey as FFA Chair. FFA Chair Causey called to order the annual meeting of the FFA. Upon conclusion of business, the FFA Annual Meeting was adjourned. The gavel was passed back to President McGill who re-opened the San Board meeting. ADJOURNMENT The meeting was adjourned at 4:14 p.m. Michael R. McGill, P.E. 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 February 20, 2020 Regular Board Meeting Agenda Packet- Page 18 of 161