July 13, 2017 Fremont, California

Transcription

1 July 13, 2017 Fremont, California The regular monthly meeting of the Board of Directors of ALAMEDA COUNTY WATER DISTRICT was held on July 13, 2017, at the hour of 6:02 P.M. in the Board Room of the District Office Building, South Grimmer Boulevard, Fremont, California. Present: Directors Sethy, Akbari, Gunther, Huang, and Weed Staff members present: General Manager Robert Shaver, Manager of Operations & Maintenance Steve Peterson, Manager of Finance Jonathan Wunderlich, Manager of Water Resources Steven Inn, Manager of Engineering & Technology Services Ed Stevenson, Human Resources/Risk Manager Jennifer Rogers, Special Assistant to the General Manager Laura Hidas, General Counsel Patrick Miyaki, and District Secretary Gina Markou. President John Weed presided. Director Sethy led in the Salute to the Flag. 3 PUBLIC COMMENTS Mr. Gregory Lemos, a Newark resident, addressed the Board and commented on the income requirements to be eligible for the Help on Tap program. Mr. Lemos also commented on the recent rate increase by East Bay Municipal Water District. Ms. Marilyn Singer, a Fremont resident, who has been an observer for the League of Women Voters (LWVs) introduced Ms. Gayle Tupper, who has a background in public utilities and will be assuming the LWVs monitoring role at District Board meetings. Ms. Singer encouraged the District to work with Senator Wieckowski and Congressman Chu to explore recycling potable water to the Niles Cone. Ms. Singer encouraged the District to video Board workshops and to make them available online. Mr. Shaver noted a correction to the Regular Board Meeting minutes of June 8, In Item 5.18 the vote was corrected to reflect a unanimous Board vote. 4 CONSENT CALENDAR A motion was made by Director Huang to remove Item 4.3 from the Consent Calendar and to add Items 5.1 through 5.3 to the Consent Calendar, seconded by Director Gunther. Directors Sethy, Akbari, Gunther, Huang, and Weed A motion was made by Director Gunther, seconded by Director Huang to approve the following items on the Consent Calendar as amended.

2 4.1 Approval of the amended Minutes of Regular Board Meeting of June 8, Ratification of Payment of Audited Demands dated June 2, June 9, June 16, June 23, and June 30, Resolution Approving and Authorizing Execution of Public Water System Extension Agreement with Tri Pointe Homes, Inc., Tract 8229, ACWD No RESOLUTION NO OF BOARD OF DIRECTORS OF ALAMEDA COUNTY WATER DISTRICT APPROVING AND AUTHORIZING EXECUTION OF PUBLIC WATER SYSTEM EXTENSION AGREEMENT WITH TRI POINTE HOMES, INC. FOR TRACT 8229, ACWD NO Resolution Approving and Authorizing Execution of Public Water System Extension Agreement with Robson Homes, LLC, Tract 8324, ACWD No RESOLUTION NO OF BOARD OF DIRECTORS OF ALAMEDA COUNTY WATER DISTRICT APPROVING AND AUTHORIZING EXECUTION OF PUBLIC WATER SYSTEM EXTENSION AGREEMENT WITH ROBSON HOMES, LLC, FOR TRACT 8324, ACWD NO Resolution Approving FY 2017/18 Pay Schedules and Related Documents and Amending the Titles of Certain Classifications RESOLUTION NO OF BOARD OF DIRECTORS OF ALAMEDA COUNTY WATER DISTRICT ADOPTING FISCAL YEAR 2017/2018 PAY SCHEDULES AND RELATED DOCUMENTS AND AMENDING THE CLASSIFICATION TITLES OF CERTAIN CLASSIFICATIONS 4.7 Authorization for Directors to Attend the WaterNow Alliance Briefing Water Efficiency Framework on July 21, 2017, in Oakland, CA 5.1 Resolution Approving the Water Supply Assessment for the Fremont Technology Business Center of Pacific Commons Project 5.2 Authorization of Amendment to Agreement for Engineering Services for the Distribution Programmable Logic Controller Upgrade Project 5.3 Authorization to Award a Purchase Order for the Purchase of Two Emergency Portable Water Pump Units Directors Sethy, Akbari, Gunther, Huang, and Weed Page 2 of 12

3 5 ACTION CALENDAR 4.3 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF PUBLIC WATER SYSTEM EXTENSION AGREEMENT WITH KB HOME SOUTH BAY, INC., TRACT 8288, ACWD NO Director Huang stated that as an owner of residential property in Fremont in proximity to the project, she would recuse herself from any participation in or discussion of Item 4.3. Director Huang left the Board Room at 6:10 P.M. Mr. Stevenson reported that the project is located at the northeast corner of Ardenwood Boulevard and Paseo Padre Parkway, Fremont, this development has 66 single-family dwelling units. The Public Water System Extension Agreement is in the District's standard form and contains no reimbursements or special provisions, except that it references the "Dry Year Water Supply Agreement for Patterson Ranch Development Project" previously approved by the Board and entered into on December 30, A motion was made by Director Gunther, seconded by Director Akbari, to adopt a resolution authorizing execution of the Public Water System Extension Agreement with KB Home South Bay, Inc. Tract 8228, ACWD No RESOLUTION NO OF BOARD OF DIRECTORS OF ALAMEDA COUNTY WATER DISTRICT APPROVING AND AUTHORIZING EXECUTION OF PUBLIC WATER SYSTEM EXTENSION AGREEMENT WITH KB HOME SOUTH BAY, INC. FOR TRACT 8288, ACWD NO Directors Sethy, Akbari, Gunther, and Weed Director Huang Director Huang returned to the Board Room at 6:12 P.M. 5.1* RESOLUTION APPROVING THE WATER SUPPLY ASSESSMENT FOR THE FREMONT TECHNOLOGY BUSINESS CENTER OF PACIFIC COMMONS PROJECT The City of Fremont has requested a Water Supply Assessment for the Fremont Technology Business Center of Pacific Commons Project ( Project ) pursuant to California Water Code Section The future water demand of the Project is consistent with the District s forecast of future water demands and is included in current water supply planning assumptions. This item was reviewed at the June 26, 2017, Water Resources & Conservation Committee meeting. On May 1, 2017, the City of Fremont requested a Water Supply Assessment for the Project and the Water Code requires completion of the Water Supply Assessment within 90 days (July 30, 2017). Page 3 of 12

4 The Project proposes construction of 2,551,525 square feet of industrial and warehouse space, e-commerce, and advanced manufacturing area. The Project site is approximately acres located on the southeastern end of Pacific Commons. The Project also includes approximately 10.5 acres of commercial use for auto dealerships. Staff estimates that the Project s total water demand will be approximately 400 acre-feet/year. This total demand estimate is consistent with demand assumptions included in the most recent Urban Water Management Plan The water supply assessment provides a comparison of District water supplies and projected future demands. Staff concludes that the estimated Project demand for water is consistent with current planning and will not result in increased shortages from those which are already factored into the District s planning. In order to minimize the additional demands on the District s potable water system, the water supply assessment requires that the Project be constructed with the latest technology related to water conservation measures. A motion was made by Director Huang, seconded by Director Gunther to: 1) adopt a resolution approving the July 2017 Water Supply Assessment for the Fremont Technology Business Center of Pacific Commons Project; and 2) authorize the General Manager to submit the July 2017 Water Supply Assessment for the Fremont Technology Business Center of Pacific Commons Project to the City of Fremont. RESOLUTION NO OF BOARD OF DIRECTORS OF ALAMEDA COUNTY WATER DISTRICT APPROVING THE JULY 2017 WATER SUPPLY ASSESSMENT FOR THE FREMONT TECHNOLOGY BUSINESS CENTER OF PACIFIC COMMONS PROJECT Directors Sethy, Akbari, Gunther, Huang, and Weed 5.2* AUTHORIZATION OF AMENDMENT TO AGREEMENT FOR ENGINEERING SERVICES FOR THE DISTRIBUTION PROGRAMMABLE LOGIC CONTROLLER UPGRADE PROJECT To ensure the ongoing reliability of the District s water supply, treatment, and distribution facilities, the District has begun a program of upgrading existing programmable logic controllers (PLCs). The Distribution PLC Upgrade Project will replace PLC equipment and programming for facilities that support the District s water supply, storage, and distribution systems. Engineering services are required for PLC programming conversion, commissioning, and documentation for the first phase of the Distribution PLC Upgrade Project. There is adequate funding in the budget for this expenditure. This project was reviewed with the Engineering and Information Technology Committee on June 22, Facilities throughout the District s water production and distribution systems, including treatment plants, water production wells, water storage facilities, booster and pressure-regulating Page 4 of 12

5 stations, groundwater recharge facilities, and interconnections to other water utilities, are controlled and automated via the use of PLCs. Sixty-one (61) PLCs are currently in use throughout the system. The existing PLC hardware for these facilities must be replaced because it has reached the end of its maintainable life, and is no longer supported by its manufacturer. The existing PLC programming environment is also no longer supported, nor compatible with the new PLC hardware, and must be reconfigured in conjunction with the PLC hardware upgrades. Upgrades to the PLC systems for Water Treatment Plant No. 2 (WTP2) are being implemented in three (3) phases with the final phase to be completed during the spring of The Distribution PLC Upgrade Project (Project) will replace the remaining existing PLC equipment for other facilities that support the District s water supply, storage, and distribution systems. Due to the extent of work, the Project will be programmatically implemented over multiple fiscal years. The first phase of the Project, which includes the upgrade of the PLC equipment for the Canyon Heights and Vineyards Heights booster stations, is scheduled to be completed in FY 2017/18. The Board previously authorized a professional services agreement and approved subsequent amendments for TJC & Associates, Inc. (TJC) to provide engineering services for each of three (3) phases of the WTP2 PLC Upgrade Project. The authorized total for the initial agreement and amendments is $766,178. TJC is currently completing the PLC programming and documentation for the final phase of the WTP2 PLC project and this same work will be required for the first phase of the Distribution PLC Upgrade Project. Staff has been satisfied with TJC s work. In order to maximize efficiencies and provide for consistency in the programming framework and documentation for the PLC projects, staff requested a cost proposal from TJC for engineering services to assist with the first phase of the Distribution PLC Upgrade Project. The additional scope of services includes: 1) programming of new PLC equipment for the Canyon Heights and Vineyard Heights Booster Stations; 2) bench testing of PLC equipment and programs; and 3) support for commissioning of the new PLC automation systems. TJC s cost proposal, based on an estimated level of effort, is $48,980, which would result in a new total agreement amount not to exceed $815,158. The work associated with the Distribution PLC Upgrade Project will be performed on a time and expense basis. Staff has evaluated TJC s proposal and has determined that the estimated level of effort and costs are appropriate for the work. A motion was made by Director Huang, seconded by Director Gunther to authorize the General Manager to execute an amendment to the professional services agreement with TJC and Associates, Inc. for engineering services in an additional amount not to exceed $48,980, for the Distribution Programmable Logic Controller Upgrade Project, Job Directors Sethy, Akbari, Gunther, Huang, and Weed Page 5 of 12

6 5.3* AUTHORIZATION TO AWARD A PURCHASE ORDER FOR THE PURCHASE OF TWO EMERGENCY PORTABLE WATER PUMP UNITS The District currently owns two emergency portable water pump units that have reached the end of their useful service life. Additionally, the diesel-fueled engines coupled to the pump motors are no longer in compliance with regulatory air quality standards. In order to maintain the District s emergency portable pumping capability for use during facility power outages and other emergency events, the District needs to purchase two new portable water pump units. There is adequate funding in the budget for this expenditure. The District issued an Invitation for Bids for the purchase of two portable water pump units on April 27, On June 13, 2017, two bids were opened and Herc Rentals, Inc. of Oakland, California, submitted the lowest bid in the amount of $145,868. There were no bid irregularities. The District utilizes emergency portable pump units to boost water to the upper pressure zones and distribution storage facilities in the event of significant utility power disruptions or equipment failure at booster stations, or other emergency events. The two existing portable pumping units have been in service for 24 years and have reached the end of their useful service life. The diesel-fueled engines coupled to the existing emergency portable water pumps have a US Environmental Protection Agency (EPA) Tier 0 rating and are not certified, and cannot be operated even during emergency situations. The new portable water pump units will consist of trailer mounted pumps coupled with diesel-fueled engines meeting current EPA Tier 4 certification for air emissions. As part of the California Diesel Risk Reduction Plan, the California Air Resources Board adopted the Portable Diesel Fueled Engines Air Toxic Control Measure (ATCM), which regulates portable diesel fueled engines having a rated brake horsepower of 50hp and greater. The replacement engines must be certified to the most stringent of either federal or California emissions standards in effect at the time of replacement. Because only EPA Tier 4 rated dieselfueled engines meet the most stringent emissions standards, the District specified the portable pumps must be coupled with John Deere diesel-fueled engines complying with Tier 4 certification for air emissions. With the Tier 4 certification, the John Deere diesel-fueled engines will be eligible for registration with the California Portable Equipment Registration Program. A motion was made by Director Huang, seconded by Director Gunther to authorize a purchase order to Herc Rentals, Inc. for the purchase and delivery of two new portable water pump units in the amount of $145,868, excluding state sales tax and delivery costs. Directors Sethy, Akbari, Gunther, Huang, and Weed Page 6 of 12

7 5.4 REVIEW OF BOARD MEMBER COMPENSATION AND EXPENSE REIMBURSEMENT POLICIES AND CONSIDER SETTING PUBLIC HEARING TO AMEND THOSE POLICIES Mr. Shaver reported that the Board President and Vice President requested that staff place an agenda item on the July Board meeting agenda which would allow the Board to discuss its policies regarding 1) the list of pre-approved meetings and activities that are considered service rendered at the request of the Board, 2) the amount of compensation that directors receive for each day of service rendered as a member of the Board, and 3) the maximum number of compensable days per month. The current policies for compensation and expense reimbursement for Board members are attached. To support the Board s discussion, staff and General Counsel provide below the statutory framework which would govern Board action to adjust Board member compensation and expense reimbursement and the recent history of Board action in this regard. The District has adopted policies for Board member compensation and expense reimbursement. Both policies include a list of meetings and activities that are considered service rendered at the request of the Board and attendance at those meetings and activities do not need to be separately approved by the Board in advance. In order for a Director to receive compensation or expense reimbursement for a meeting or activity that is not included on the list of pre-approved meetings and activities, the Board must generally take action to approve the attendance at the meeting or activity in advance of that meeting. In addition, the Board member compensation policy establishes the amount of compensation that Directors receive per day for each day of District service and the maximum number of days in a calendar month that a Director may be compensated. Governing Statutes There are three sets of statutes that pertain to Director compensation. 1. Water Code Section 30507, a provision of the County Water District Law, provides that directors shall receive compensation in an amount not to exceed $100 per day and not to exceed a total of 6 days in a calendar month. 2. Water Code Sections 20200, et seq. authorize various types of water districts, including county water districts, to increase both the amount of compensation per day and the number of days per month that directors may receive compensation. Under this set of statutes, the Board may increase the per day compensation in an amount that does not exceed 5% for each calendar year (may not be compounded) following the operative date of the last adjustment (2002), and may increase the number of days for which compensation is paid to no more than 10 days in any calendar month. The Board must adopt any such increase by ordinance, must hold a public hearing, and must publish a notice of the public hearing in a newspaper of general circulation in the District once a week for two successive weeks with the first publication being at least 14 days before the public hearing. The ordinance will become effective 60 days from the date it is adopted. Page 7 of 12

8 3. Government Code Section requires that Board member compensation be established in an adopted written policy, and Section requires that Board member expense reimbursement be established in an adopted written policy. District Policies District has two separate policies that address 1) compensation for Board members (current version is Ordinance No , adopted December 10, 2015) and 2) expense reimbursement for Board members (current version is Resolution No , adopted December 10, 2015). The current Director compensation is $175 per day for a maximum of eight days per calendar month, for a total maximum amount of $1,400 per month. Recent History of Board Actions In 1982, the Board established the compensation rate at $100 per day for attendance at meetings of the Board and for other service rendered as a director at the request of the Board. The Board also established a maximum of 6 days per calendar month for which any director could be so compensated. In March, 2002, the Board increased the Director compensation from $100 per day to $175 per day. The Board kept the maximum number of days for which compensation will be paid at 6 days per calendar month. In April, 2005, the Board considered increasing the maximum number of compensable days from 6 to 8 days per calendar month. The Board voted to postpone consideration of Board member compensation. In May, 2006, the Board updated its compensation and reimbursement policies to comply with AB The compensation rate and maximum number of compensable days were not adjusted. In February, 2010, the Board added attendance at American Water Works Association conferences as a reimbursable expense and increased the meal expense allowance to $72 per day based on the increase in the Consumer Price Index as provided for in the Board s policy. No changes were made to the compensation rate or maximum number of compensable days. The Board s compensation and reimbursement policies were updated accordingly. On August 11, 2011, the Board increased the maximum number of compensable days from 6 to 8 days per calendar month. On December 10, 2015, the Board both broadened and narrowed the pre-approved list of meetings and activities considered service rendered as a Director at the request of the Board to reflect the Board members' typical District activities. The Board also removed restrictions regarding Directors travelling together. The compensation rate and maximum number of compensable days were not adjusted. Discussion ensued and General Counsel clarified the public hearing process. Mr. Lemos addressed the Board and indicated he was not in favor of the Board receiving an increase in compensation. Page 8 of 12

9 A motion was made by Director Sethy, seconded by Director Weed to set a public hearing on August 10, 2017, and directed staff to provide appropriate public notice as required by law to consider amending Policy for Compensation for Board Members through Ordinance No and the Policy for Expense Reimbursement of Board Members as amended by Resolution The Board will consider 1) increasing the number of meetings from eight to up to ten; 2) increasing Board compensation from $175 per meeting to up to $ and 3) review the list of approved meetings. Directors Sethy, Akbari, and Weed Director Gunther and Director Huang 6 REPORTS 6.1 BOARD COMMITTEE REPORTS Operations & Water Quality Committee Meeting of June 7, 2017: 1) Environmental Compliance Programs Overview; 2) Emergency Preparedness Training for Distribution Maintenance Division Director Sethy inquired about recent reports stemming from algae blooms and high levels of geosim. Mr. Peterson responded to questions from the Board. Finance & Outreach Committee Meeting of June 20, 2017: 1) Purchasing: Local Preference Policy; 2) Income and Budget Statement; 3) Line of Credit Legal, Intergovernmental & Community Affairs Meeting of June 21, 2017: 1) Update on State Legislation; 2) Conceptual Legislation Proposed Update: Provide an update to the committee on communications with stakeholders regarding a potential legislative initiative that would allow the Alameda County Water District to place the service charge component of water bills on Alameda County property tax statements; 3) Public Outreach Update Directors Sethy and Weed commented on a recent meeting they had with the District s Legislative Representative Ron Davis regarding the potential legislative initiative that would allow ACWD to place the service charge component of water bills on property tax statements. Director Huang reiterated, that it is the committee s recommendation that the District not pursue this legislation. Engineering & Information Technology Committee Meeting of June 22, 2017: 1) Lower Alameda Creek Fish Passage Projects Schedule Update; 2) Distribution PLC Upgrade Project; 3) Headquarters Multipurpose Room Audio/Visual Options Update Water Resources & Conservation Meeting of June 26, 2017: 1) Conservation Partnerships Update; 2) WaterSmart Update; 3) Water Supply Assessment for the Fremont Technology Business Center of Pacific Commons Project 6.2 OPERATIONAL REPORTS Quarterly Groundwater Recharge Report Water Production Report Quarterly Directors Expense Report Page 9 of 12

10 Investment Report Distribution System Monthly Hardness Map Monthly Demand Status Report 6.3 STAFF PRESENTATIONS 6.4 GENERAL MANAGER S REPORT Mr. Inn informed the Board that the District will be receiving $750,000 in grant funding for the Rubber Dam 3 project from the US Bureau of Reclamation. Mr. Inn also announced that the District has been selected to receive a $3 million grant from the Urban Rivers Program toward the Fish Passage projects in Alameda Creek. The Board conveyed thanks and appreciation to staff for a job well done. Mr. Inn provided a brief update to the Board on the schedule for California WaterFix. Little Hoover Commission Mr. Shaver updated the Board on a recent Little Hoover Commission Stakeholder meeting that Mr. Davis attended in Sacramento. Mr. Shaver informed the Board that he will be on vacation for about two weeks beginning on August 5. Mr. Inn will be Acting General Manager and covering the August Board meeting. 7 DIRECTOR S COMMENTS, REPORTS ON MEETINGS ATTENDED, AND AGENDA ITEM REQUESTS Director Akbari reported on his attendance at the CSDA s 2017 Special District Leadership Academy Conference in Napa, where he accepted the Transparency Certificate of Excellence award on behalf of the District. Directors Sethy and Weed reported on the June 14 16, 2017 Water Education Foundation Bay Delta Tour. Directors Sethy and Weed reported on their attendance at the Alameda County Special Districts Association meeting that was held at Dublin San Ramon Services District on July 12, Director Weed reported that he attended a Department of Water Resources hearing in Oakland on AB 401 and encouraged staff to monitor AB CLOSED SESSION President Weed announced that the Board will meet in closed session to discuss the following items: 8.1 Pursuant to California Government Code Section Conference with Labor Negotiators Agency Designated Representatives: Employee Organizations: Page 10 of 12 Robert Shaver, Jennifer Rogers, and Glenn Berkheimer Operating Engineers Local 3 and ACWD Operators Association

11 8.2 Pursuant to California Government Code Section (d)(4) Conference with Legal Counsel Anticipated Litigation Initiation of Litigation One Potential Case 8.3 Pursuant to California Government Code Section Conference with Labor Negotiators Agency Designated Representatives: Board President Weed and Vice President Sethy Unrepresented Employee: General Manager President Weed adjourned the meeting to closed session at 8:07 P.M. President Weed reconvened the meeting to open session at 10:53 P.M. and the following open session reports were provided: In regards to Item 8.1 the Board gave direction to the agency designated representatives, and no action was taken. Regarding Items 8.2, and 8.3, no action was taken in the closed session. 9 OPEN SESSION 9.1 Consideration of Resolution Approving an Amendment to Employment Agreement with General Manager Mr. Miyaki reported that on June 8, 2017, the Board appointed President Weed and Vice President Sethy as the agency designated representatives for labor negotiations with its unrepresented employee, the General Manager. On June 8, 2017, the Board took action to determine that the General Manager s salary is open and under negotiation as of July 2, 2017 and that any adjustment negotiated and adopted by the Board may be implemented effective July 1, The agency designated representatives have negotiated with the General Manager and the proposed action is as follows: (1) to increase the General Manager s salary to $285,202.92, which is step 5 of the salary schedule for the General Manager classification; no cost of living increase will be applied; and (2) the increase will be effective July 17, 2017, the first day of the pay period without any retroactive compensation. A motion was made by Director Huang, seconded by Director Akbari to adopt the resolution approving the amendment to the Employment Agreement with the General Manager. Directors Sethy, Akbari, Gunther, Huang, and Weed Page 11 of 12

12 There being no further business to come before the Board, the meeting adjourned at 10:57 P.M. Gina Markou, District Secretary Attest: John H. Weed, President Page 12 of 12