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HomeMy WebLinkAboutBOARD MINUTES 02-20-20 C E NTRAL SAN _'doe. CENTRAL CONTRA COSTA SANITARY DISTRICT 5019 IMHOFF PLACE, MARTINEZ, CA 94553-4392 MINUTES* BOARD OF DIRECTORS: MICHAEL R.MCGILL President REGULAR BOARD MEETING TAD JPILE Board Room President No Tem Tem Thursday, February 20, 2020 PAUL H.CAUSEY JAMES A.NEJEDL Y 1:30 p.m. DAVID R.WILLIAMS 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. Spring 2020 Intern Students BOARD ACTION: Welcomed the new Intern Students. PUBLIC COMMENT PERIOD No comments. REQUESTS TO CONSIDER MATTERS OUT OF ORDER None. These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. Book 68- Page 10 CENTRAL CONTRA COSTA SANITARY DISTRICT February 20, 2020 Board Meeting Minutes—Book 68-Page 11 AWARDS AND PRESENTATIONS 2. Receive the 2020 National Environmental Achievement Award in Public Information and Education from the National Association of Clean Water Agencies (NACWA) for Central San's Pipe Protectors Student Education Program Communications and Intergovernmental Relations Manager Emily Barnett presented the award to the Board after showing a brief video clip highlighting the Pipe Protectors Student Education Program. BOARD ACTION: Received the award. CONSENT CALENDAR 3. Approve the following: a. January 16, 2020 Board meeting minutes 4. Receive the December 2019 Financial Statements and Investment Reports and authorize reduction in the frequency of interim financial reporting from monthly to quarterly prospectively 5. Receive Investment Portfolio Report for the Month of January 2020 6. Adopt Resolution Nos. 2020-005 through 2020-007, establishing a Rate Stabilization Fund Reserve Account, and two separate funds for the Pension Prefunding Trust and the Other Post-Employment Benefits (OPEB) Trust pursuant to District Code Section 2.28.010 7. Adopt updated salary schedule for all District job classifications effective November 7, 2019 8. Adopt Resolution No. 2020-008 authorizing execution of a quitclaim deed for a portion of an existing easement to Contra Costa Community College District for the property known as Diablo Valley College (DVC) - Pleasant Hill Campus 9. Authorize the General Manager to execute three-year professional engineering services agreements with Consolidated CM, Inc. and HDR, Inc. in an amount not to exceed $500,000 each to provide construction and specialty inspection services for capital improvement projects at the wastewater treatment plant 10. Award a construction contract in the amount of$687,500 to Sonnikson and Stordahl Construction, Inc., the lowest responsive bidder for the Treatment Plant Safety Enhancements— Phase 5, District Project 7364; consider exemption from the California Environmental Quality Act (CEQA); amend an existing agreement with Black and Veatch Corporation in the amount of$120,000 for construction support services; and authorize up to a 15-percent contingency CENTRAL CONTRA COSTA SANITARY DISTRICT February 20, 2020 Board Meeting Minutes-Book 68-Page 12 Member Williams made a comment regarding Item 3.a. pertaining to Item 9 in the January 16, 2020 Board Meeting minutes and provided clarification for his opposition to staff performing a failure analysis on variable frequency drives. He opined that he believes it is staff's responsibility to routinely determine equipment needs and it is not a Board policy matter. He requested that future minutes reflect more context when a member opposes. Member Pilecki requested Item 4 be pulled from the Consent Calendar for further discussion. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Williams to adopt Item 3 and Items 5-10 on the Consent Calendar as recommended. Motion passed by unanimous vote. In regard to Item 4, Member Pilecki stated that the variance analyses for Operations and Maintenance (O&M) and the Sewer Construction Fund provide a comprehensive snapshot of how the District is performing as an organization. For that reason, his preference was to continue receiving them on a monthly basis. Member Causey, Chair of the Finance Committee, stated that the Committee's intent for moving from monthly to quarterly reporting was to save staff time, noting that there were rarely significant changes in the monthly reports. In addition, he stated that staff had advised the Committee that all the financial reports are generated and reviewed internally on a monthly basis regardless. BOARD ACTION: Motion was made by Member Causey and seconded by Member Nejedly to receive the December 2019 Financial Statements and Investment Reports and maintain monthly reporting of the O&M and Sewer Construction Fund variance analyses going forward. Motion passed by unanimous vote. OTHER BOARD ACTION ITEMS 11. Approve expenditures incurred December 5, 2019 through January 16, 2020 Member Causey recused himself from voting on this item because he has consulted for a payee on the expenditures list on matters unrelated to Central San. He exited the Board Room. President McGill called for a vote on the item. BOARD ACTION: Motion was made by Member Nejedly and seconded by Member Williams to approve the expenditures incurred December 5, 2019 through January 16, 2020. Motion passed by unanimous vote of the Board Members present. [4-0-1; Causey absent.] Member Causey re-entered the Board Room. CENTRAL CONTRA COSTA SANITARY DISTRICT February 20, 2020 Board Meeting Minutes—Book 68-Page 93 LEGISLATIVE MATTERS 12. Receive update on pending legislative matters and provide direction on priority legislation Ms. Barnett reviewed the Priority Legislation Tracking Sheet distributed before the meeting and asked the Board Members to take a position on two items:AB 2093 and the Governor's climate resiliency bond measure. Ms. Barnett provided the Board with information regarding AB 2093 about requiring emails to be maintained for two years. She advised that after discussion with the District's information Technology team, the amount of software and staff time necessary to retain emails for two years would create an exceptional burden. She stated that the staff recommendation is to oppose the bill. BOARD ACTION: Motion was made by Member Causey and seconded by Member Pilecki to approve the staff recommendation to take an opposition position on AB 2093. Motion passed by unanimous vote. With regard to the climate resiliency and measure, motion was made by Member Pilecki and seconded by Member Nejedly to take a watch position. Motion died for lack of votes. General Manager Roger S. Bailey advised that the District is being asked by WateReuse to sign a letter by Friday. If the legislature passes the measure, the letter is an effort to get money targeted to recycled water. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Nejedly to authorize staff to sign the WateReuse letter. Motion passed by unanimous vote. REPORTS AND ANNOUNCEMENTS 13. General Manager— Reports a. Receive the 2019 National Pollutant Discharge Elimination System (NPDES) Annual Report Plant Operations Division Manager Alan Weer reviewed the presentation included with the agenda material. As requested by Member Pilecki, Mr. Weer stated that in future reports he will provide the return of investment in relation to removal efficiencies. The Board expressed appreciation for another year of excellent treatment plant operations. BOARD ACTION: Received the report. CENTRAL CONTRA COSTA SANITARYDISTRICT February 20, 2020 Board Meeting Minutes—Book 68-Page 94 b. Receive Collection System Operations 2019 Sanitary Sewer Overflow(SSO) Annual Report Collection System Operations Division Manager Paul Seitz reviewed the presentation included with the agenda material. The entire Board expressed their gratitude and commended staff on a great year. BOARD ACTION: Received the report. 14. General Manager—Announcements a. Announcements— February 20, 2020 1) Central San Academy now accepting applications— Spring 2020 Session begins March 11 2) Staff to attend California Association of Sanitation Agencies (CASA) Federal Legislative Conference in Washington, D.C. February 23-26, 2020 3) Staff to attend 2020 Water and Energy Exchange (WEX) Global Conference in Spain 4) 2019 Title V Clean Air Act Annual Report Submitted 5) General Manager Authorized Contracts, Agreements, Etc. — Fourth Quarter 2019 6) Update on Personnel Actions — Fourth Quarter 2019 7) General Manager Authorized Professional Consulting Agreements, - Fourth Quarter 2019 No further announcements were made during the meeting. BOARD ACTION: Received the announcements. 15. Counsel for the District District Counsel Kent Alm advised the Board that the agenda has two closed session items listed, however, Item 22 will be continued to a future meeting. CENTRAL CONTRA COSTA SANITARY DISTRICT February 20, 2020 Board Meeting Minutes—Book 68-Page 15 16. Secretary of the District Ms. Young announced the following upcoming meetings: Board Self-Evaluation Workshop — Monday, March 2 from 10 a.m. — 2:00 p.m. Administration Committee — Tuesday, March 3 at 8:30 a.m. BOARD ACTION: Received the announcements. 17. Board Members — Committee Minutes a. January 14, 2020 —Administration Committee — Chair Williams and President McGill b. January 14, 2020 — Engineering & Operations Committee — Chair Nejedly and Member Pilecki C. January 28, 2020 — Finance Committee — Chair Causey and Member Nejedly Chair Causey commented that at the Finance Committee meeting this week, a discussion was held regarding sewer overflow protection and the responsibility of the District. He stated that he would like further information. d. February 4, 2020— Engineering & Operations Committee — Chair Nejedly and Member Pilecki BOARD ACTION: Received the Committee minutes. 18. 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 • February 4-7, 2020 - National Association of Clean Water Agencies (NACWA) Annual Conference in Atlanta, GA • February 19, 2020 - Annual State of the City Address with San Ramon Mayor Bill Clarkson Member Causey also provided a written report covering his announcements and other meetings, and shared a video clip shown from the Water Task Force regarding recycled water. Member Nejedl — No report. Member Pilecki 0 February 11, 2020 - Martinez State of the City Mayor's Breakfast CENTRAL CONTRA COSTA SANITARY DISTRICT February 20, 2020 Board Meeting Minutes—Book 68-Page 16 Member Williams • January 21-23, 2020 - California Association of Sanitation Agencies (CASA)Winter Conference in Palm Springs, CA Member Williams provided a report regarding his attendance at the CASA conference. President McGill • January 21-23, 2020 - CASA Winter Conference in Palm Springs, CA • January 27, 2020 - California Special Districts Association - Contra Costa Chapter(CCSDA) meeting in Walnut Creek • February 4, 2020 - Pleasant Hill State of the City Mayor's Breakfast • February 6, 2020 - Contra Costa County Mayors' Conference hosted by the City of Pittsburg • February 11, 2020 - Walnut Creek State of the City Mayor's Luncheon President McGill also provided a written report covering his announcements and other meetings. BOARD ACTION: Received the reports and announcements. 19. 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. 20. Consider Board President Mike McGill's request to adopt Resolution No. 2020- 009 nominating him for re-election as a special district representative on the Contra Costa Local Agency Formation Commission (LAFCO) President McGill requested the Board nominate him for re-election to Contra Costa LAFCO. Member Causey asked if LAFCO provided a stipend. President McGill stated that he receives a $150 stipend for attending Contra Costa LAFCO meetings. There was a discussion on the difference between a LAFCO commissioner and a Central San representative to Contra Costa LAFCO. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Williams to nominate Mike McGill for re-election to the Contra Costa LAFCO. Motion passed by unanimous vote. CENTRAL CONTRA COSTA SANITARY DISTRICT February 20, 2020 Board Meeting Minutes—Book 68-Page 17 EMERGENCY SITUATIONS REQUIRING BOARD ACTION 21. Receive update on and continue authorization for emergency declared on January 16, 2020 authorizing repair or replacement of the variable frequency drives (VFDs) at the Lower Orinda Pumping Station; and authorize the General Manager under Public Contract Code 22050(b) to continue to repair or replace the VFDs in accordance with Public Contract Code 22050(c)(3) Director of Engineering and Technical Services Jean Marc-Petit reviewed the presentation included with the agenda material. There was a spirited discussion about ending the emergency action. Member Pilecki stated that the payments to the equipment supplier are within the General Manager's authority limits so the situation should no longer be considered an emergency. Mr. Bailey stated that until all invoices associated with this action are received the District will continue with the emergency declaration. BOARD ACTION: Motion was made by Member Causey and seconded by Member Nejedly to continue the authorization for emergency equipment repairs of the VFDs at the Lower Orinda Pumping Station. Motion passed by the following vote: f AYES: Members: Causey, Nejedly, Williams, McGill NOES: Members: Pilecki ABSTAIN: None REQUESTS FOR FUTURE AGENDA ITEMS The Board came to a consensus and requested staff provide information related to sewer overflow protection responsibilities and claim settlements. Mr. Alm stated that there is a section in the District Code that could be amended should the Board want to make changes to past practices regarding backflow protection. ANNOUNCE CLOSED SESSION pursuant to Government Code Section 54957.7} District Counsel Kent Alm announced that a closed session would be held for Item 23, as Item 22 has been postponed. RECESS TO CLOSED SESSION The Board recessed at 3:34 p.m. to reconvene in closed session in the Caucus Room. CENTRAL CONTRA COSTA SANITARY DISTRICT February 20, 2020 Board Meeting Minutes—Book 68-Page 18 Closed Session — Caucus Room (Not video recorded) CLOSED SESSION 22. Conference with Legal Counsel — existing litigation pursuant to Government Code Section 54956.9(d)(1): • Kappel v. Central Contra Costa Sanitary District, et al., Contra Costa County Superior Case No. C19-01012 This item was postponed to a future meeting. 23. Conference with Legal Counsel — anticipated litigation — significant exposure to litigation pursuant to Government Code Section 54956.9(b): • One Potential Case —California River Watch RECESS TO OPEN SESSION The Board recessed at 4:22 p.m. to reconvene in open session in the Board Room. REPORT OUT OF CLOSED SESSION No reportable action. ADJOURNMENT The meeting was adjourned at 4:23 p.m. J� r Michael R. Mc ill, P.E. President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: i KaYie urs Sec eta District Centra. Contra Costa Sanitary District County of Contra Costa, State of California