AGENDA Tuesday, September 11, 2018

Transcription

1 BOARD OF DIRECTORS EAST BAY MUNICIPAL UTILITY DISTRICT th Street, Oakland, CA Office of the Secretary: (510) ROLL CALL: AGENDA Tuesday, September 11, 2018 REGULAR CLOSED SESSION 11:00 a.m., Boardroom PUBLIC COMMENT: The Board of Directors is limited by State law to providing a brief response, asking questions for clarification, or referring a matter to staff when responding to items that are not listed on the agenda. ANNOUNCEMENT OF CLOSED SESSION AGENDA: 1. Existing litigation pursuant to Government Code section (d)(1): a. Clinton Frost v. East Bay Municipal Utility District WCAB Nos.: ADJ ; ADJ ; ADJ b. East Bay Municipal Utility District v. Dana Futoran, et al. Alameda County Superior Court, Case No. RG ROLL CALL: BOARD OF DIRECTORS: Pledge of Allegiance PRESENTATION: (The Board will hold Closed Session in Conference Room 8) REGULAR BUSINESS MEETING 1:15 p.m., Boardroom National Association of Clean Water Agencies Platinum Peak Performance Award ANNOUNCEMENTS FROM CLOSED SESSION: PUBLIC COMMENT: The Board of Directors is limited by State law to providing a brief response, asking questions for clarification, or referring a matter to staff when responding to items that are not listed on the agenda.

2 Regular Meeting of September 11, 2018 Page 2 of 3 CONSENT CALENDAR: (Single motion and vote approving 14 recommendations, including 4 resolutions.) 1. Approve the Regular Meeting Minutes of August 14, 2018 and the Special Meeting Minutes of August 21, File correspondence with the Board. 3. Approve actions related to construction of the South Interceptor 3 rd Street Rehabilitation Phase 2 Project. 3a. Award a contract to the lowest responsive/responsible bidder, Mladen Buntich Construction Company, Inc., in the amount of $12,516,000 for construction of the South Interceptor 3 rd Street Rehabilitation Phase 2 Project under Specification SD b. Authorize a lease agreement beginning on or after March 1, 2019 with Caltrans in an amount not to exceed $6,300 monthly, for a 52,969 square-foot vacant lot at 3 rd Street and Peralta Street for staging and storage purposes for the South Interceptor 3 rd Street Rehabilitation Phase 2 Project, for 20 months for a total cost of $126, Award a contract to the lowest responsive/responsible bidder, Blocka Construction, Inc., in the amount of $395,840 for construction of the Richmond Advanced Recycled Expansion Waste ph Caustic Injection System Project under Specification SD Authorize an agreement beginning on or after September 11, 2018, with Alisto Engineering Group in an amount not to exceed $3,293,325 for cathodic protection and leak detection services. 6. Authorize an agreement beginning on or after September 11, 2018 with Cooper Pugeda Management, Inc. in an amount not to exceed $87,708 for special inspection services for Carisbrook Reservoir and Skyline Pumping Plant Replacements project. 7. Authorize agreements with Elite Supply Source, Inc., Fastenal Company, MSC Industrial Supply Co. and W.W. Grainger, Inc. under the State of California contract for facilities maintenance, lighting products, industrial supplies and tools in the estimated annual amount of $640,000 for supplying miscellaneous parts, fasteners, electrical terminals, tools and supplies to various District sites effective September 17, 2018 through June 30, 2019 with four options to extend for an additional one-year period for a total estimated five year cost of $3,200, Authorize an amendment to the existing agreement with Shaw Law Group, PC to increase the agreement amount by $60,000 to a total amount not to exceed $125,000 for workplace investigation services, which includes equal employment opportunity issues. 9. Authorize an amendment to the agreements awarded under Board Motion No dated April 14, 2015 for an additional $1,015,000 increasing the total amount not to exceed to $2,515,000 for the rental of shoring and trench plate services, beginning on or after September 11, 2018 through the remainder of the agreement period ending April 14, Authorize the execution of a 25-year Land Lease with Chuck and Suha Scurich for a portion of District property located at the District s Summit South Reservoir in Oakland, California.

3 Regular Meeting of September 11, 2018 Page 3 of 3 CONSENT CALENDAR: (Continued) 11. Affirm the General Manager s authority to approve annual rate changes to District health insurance benefits each calendar year, where the change for each health insurance benefit is less than a 15 percent increase. (Resolution) 12. Authorize actions related to approving the Technical Trades Apprenticeship Program Adopt a resolution approving the Technical Trades Apprenticeship Program. (Resolution) Amend Position Resolution No to approve the new classification of Limited Term Technical Trades Apprentice (LT TTA) with a salary range of $4,936 to $5,442 per month and reallocate three Limited Term Special Employment Program positions to become LT TTA positions. (Resolution) 13. Appoint Assistant Attorney. (Resolution) DETERMINATION AND DISCUSSION: 14. General Manager s Report: Update on Customer Assistance Program Outreach Effort to Cities Monthly Report August 2018 REPORTS AND DIRECTOR COMMENTS: 15. Committee Reports: Planning Legislative/Human Resources Finance/Administration 16. Other Items for Future Consideration. 17. Director Comments. ADJOURNMENT: The next Regular Meeting of the Board of Directors will be held at 1:15 p.m. on Tuesday, September 25, 2018 in the Administration Center Boardroom, 375 Eleventh Street, Oakland, California. Disability Notice If you require a disability-related modification or accommodation to participate in an EBMUD public meeting please call the Office of the Secretary (510) We will make reasonable arrangements to ensure accessibility. Some special equipment arrangements may require 48 hours advance notice. Document Availability Materials related to an item on this Agenda that have been submitted to the EBMUD Board of Directors within 72 hours prior to this meeting are available for public inspection in EBMUD s Office of the Secretary at th Street, Oakland, California, during normal business hours, and can be viewed on our website at WW:\Board of Directors - Meeting Related Docs\Agendas\Agendas 2018\2018_Regular Agendas\091118_regular_agenda.doc

4 BOARD CALENDAR Date Meeting Time/Location Topics Tuesday, September 11 Planning Committee Mellon {Chair}; Linney; Young 9:30 a.m. Training Resource Center South Interceptor 3 rd Street Rehabilitation Phase 2 Update Copper Laterals Cathodic Protection Project Regulatory Compliance Semi-Annual Report April 2018 through August 2018 Sustainable Groundwater Management Act Update Water Audit for Calendar Year 2017 Legislative/Human Resources Committee Coleman {Chair}; Patterson; Young 10:45 a.m. Training Resource Center Technical Trades Apprenticeship Program Board of Directors 11:00 a.m. 1:15 p.m. Closed Session Regular Meeting Tuesday, September 25 Finance/Administration Committee Patterson {Chair}; Coleman; Mellon 10:00 a.m. Training Resource Center Board of Directors 11:00 a.m. 1:15 p.m. Tuesday, October 9 Planning Committee Mellon {Chair}; Linney; Young 9:15 a.m. Training Resource Center Legislative/Human Resources Committee Coleman {Chair}; Patterson; Young 10:15 a.m. Training Resource Center Legislative Update Board of Directors 11:00 a.m. 1:15 p.m. Closed Session Regular Meeting

5 Draft Prepared By Office of the Secretary MINUTES Tuesday, August 14, 2018 East Bay Municipal Utility District Board of Directors 375 Eleventh Street Oakland, California Regular Closed Session Meeting President Lesa R. McIntosh called to order the Regular Closed Session Meeting of the Board of Directors at 11:02 a.m. in the Administration Center Boardroom. ROLL CALL Directors John A. Coleman, Doug Linney, Frank Mellon, William B. Patterson, and President Lesa R. McIntosh were present at roll call. Director Andy Katz arrived in Conference Room 8 at 11:17 a.m. (late arrival) and Director Marguerite Young was absent (excused). Staff present included General Manager Alexander R. Coate, General Counsel Craig S. Spencer, Assistant General Counsel Xanthe M. Berry (Items 1a, 2a, 2b and 2c), Attorney Derek McDonald (Items 1a, 2a and 2b), Engineering Manager Elizabeth Z. Bialek (Items 1a, 2a and 2b), Attorney Rachel Jones (Item 2d first matter), Engineering Manager David J. Rehnstrom (Item 2d first matter), Attorney Jonathan D. Salmon (Item 2d second matter), and Director of Water and Natural Resources Richard G. Sykes (Item 2d second matter). PUBLIC COMMENT There was no public comment. ANNOUNCEMENT OF CLOSED SESSION AGENDA President McIntosh announced the closed session agenda. The Board convened to Conference Room 8 for discussion. Regular Business Meeting President McIntosh called to order the Regular Business Meeting of the Board of Directors at 1:15 p.m. in the Administration Center Boardroom. ROLL CALL Directors John A. Coleman, Andy Katz, Doug Linney, Frank Mellon, William B. Patterson, and President Lesa R. McIntosh were present at roll call. Director Marguerite Young was absent (excused). Staff present included General Manager Alexander R. Coate, General Counsel Craig S. Spencer and Secretary of the District Rischa S. Cole.

6 Regular Meeting Minutes of August 14, 2018 Page 2 of 5 BOARD OF DIRECTORS President McIntosh led the Pledge of Allegiance. ANNOUNCEMENTS FROM CLOSED SESSION There were no announcements required from closed session. PUBLIC COMMENT There was no public comment. CONSENT CALENDAR - Item 8 was pulled from the Consent Calendar for comment. Motion by Director Coleman, seconded by Director Patterson, to approve the recommended actions for Items 1-7 on the Consent Calendar, carried (6-0) by the following voice vote: AYES (Coleman, Katz, Linney, Mellon, Patterson, and McIntosh); NOES (None); ABSTAIN (None); ABSENT (Young). 1. Motion No Approved the Special and Regular Meeting Minutes of July 24, The following correspondence was filed with the Board: 1) Speakers Bureau and Outreach Record CY18, dated August 14, 2018; and 2) Affidavit of Posting dated August 7, 2018 for the Notice of Public Hearing on The Collection By East Bay Municipal Utility District of Unpaid Delinquent Charges Through Property Tax Bills for Multi-Family Accounts and Filing of Report. 3. Motion No Awarded a contract to the lowest responsive/responsible bidder, Farwest Corrosion Control Company, in the amount of $395,000 for construction of the Mokelumne Aqueducts Cathodic Protection Improvements under Specification Motion No Authorized a contract beginning on January 1, 2019 with Sutter Health for health insurance coverage through the Sutter Health Plus HMO insurance plan, based on an estimated first year cost of $2,648,992 to automatically renew each year subject to modification of rates and benefits. 5. Motion No Authorized the execution of a Memorandum of Understanding between the Port of Oakland and the District to specify the manner in which the District will provide domestic water and fire water service within the Seaport Area owned and operated by the Port. 6. Motion No Authorized a two-year extension to current agreements awarded under Board Motion No , which authorized a total of $3,000,000 from June 11, 2013 to August 14, 2018 for the disposal and recycling of District asphalt, asphalt grindings, concrete and petromat trench spoils, to July 31, No additional funds are required.

7 Regular Meeting Minutes of August 14, 2018 Page 3 of 5 7. Resolution No Approve Amendment to the Memorandum of Understanding with International Federation of Professional and Technical Engineers, Local Resolution No Appointing David M. Woodard as Manager of Regulatory Compliance. - Director Mellon pulled Item 8 to congratulate Mr. Woodard on his appointment. Mr. Woodard thanked the Board for the opportunity to continue serving the District in his new capacity. Motion by Director Mellon, seconded by Director Patterson, to approve the recommended action for Item 8, carried (6-0) by the following voice vote: AYES (Coleman, Katz, Linney, Mellon, Patterson, and McIntosh); NOES (None); ABSTAIN (None); ABSENT (Young). DETERMINATION AND DISCUSSION 9. Legislative Update. Legislative/Human Resources Committee Chair John A. Coleman reported that the Committee met this morning and approved the staff recommended positions in Legislative Report No In regards to AB 1884, Director Coleman requested the District send a letter to the bill author urging him to continue working to address the issue of single-use plastic straw pollution. Ms. Dumaine advised if approved, staff will send a letter informing the author of the District s support of the bill and include the request to continue working on the issue. Next, Ms. Dumaine reviewed the provisions of Proposition 3, an $8.9 billion general obligation bond that has qualified as an initiative on the November 2018 ballot, and explained why staff is recommending that the Board not take a position on the bond. There was discussion regarding the staff recommendation and the cost/benefit analysis completed on the bond. General Manager Coate stated that based on Director Coleman s request at the Legislative/Human Resources Committee, staff will perform a similar analysis on all future legislation being presented for Board consideration to outline the potential positive and/or negative financial impacts to ratepayers. Motion by Director Coleman, seconded by Director Patterson, to approve the recommended actions for AB 1884, AB 2370, and AB 2470, carried (6-0) by the following voice vote: AYES (Coleman, Katz, Linney, Mellon, Patterson, and McIntosh); NOES (None); ABSTAIN (None); ABSENT (Young). Next, Ms. Dumaine discussed the provisions of SB 998 which is intended to assist low-income water customers avoid discontinuation of water service for nonpayment by creating new statewide procedural safeguards. She noted the bill s objective is consistent with the MUD Act, the District s Customer Assistance Policy, and District efforts to assist customers avoid discontinuation of service. Staff worked with the bill author so that the current version of the bill contains language from sections of the MUD Act pertaining to delinquent accounts and termination of residential service. The Board thanked staff for their work and Ms. Dumaine acknowledged Customer and Community Services Department staff that assisted with this effort. Motion by Director Linney, seconded by Director Katz, to approve the recommended action for SB 998, carried (6-0) by the following voice vote: AYES (Coleman, Katz, Linney, Mellon, Patterson, and McIntosh); NOES (None); ABSTAIN (None); ABSENT (Young).

8 Regular Meeting Minutes of August 14, 2018 Page 4 of 5 Motion No Received Legislative Report No and approved positions on the following bills: SUPPORT AB 1884 (Calderon) Food Facilities: Single-Use Plastic Straws; SUPPORT AB 2370 (Holden): Lead Exposure: Child Day Care Facilities: Family Day Care Homes; SUPPORT AB 2470 (Grayson) Invasive Species Council of California: California Invasive Species Advisory Committee; SUPPORT AND AMEND SB 998 (Dodd) Discontinuation of Residential Water Service: Urban and Community Water Systems; and received information on Proposition 3 The Water Supply and Water Quality Act of General Manager s Report. General Manager Coate announced he was available to answer questions on the July Monthly Report and that the latest version of the Speakers Bureau and Outreach Record for CY18 was at Board places. REPORTS AND DIRECTOR COMMENTS 11. Committee Reports. - Filed with the Board were the Finance/Administration Committee Minutes of July 24, Other Items for Future Consideration. - Provide information on residential house line insurance at a future Committee meeting. 13. Director Comments. - Director Coleman reported attending/participating in the following events: ACWA Executive Committee and Board meetings on July 27 in Sacramento; UMRWA Board meeting on July 27 in Pardee; San Ramon/Danville Realtor Marketing Association and Contra Costa Mayors Conference meetings in Danville on August 2; and a Lafayette City Council meeting on August 13 in Lafayette. He reported on plans to attend/participate in the following events: EBMUD Special Board meeting on August 21 in Oakland and a meeting with representatives from Central Contra Costa Sanitary District, Dublin-San Ramon Services District and DERWA on September 4 in Martinez. - Director Mellon reported attending/participating in the following events: San Ramon Mayor s monthly meeting on July 27 in San Ramon and a Hayward Homeless Program charity golf tournament in Hayward on August Director Patterson reported attending the Oakland A s African American Heritage Night and Oakland African American Chamber of Commerce mixer events on August 7 in Oakland. Mr. Patterson commented on the events success and Major League Baseball s revised planned approach on how to encourage more African American players to become a part of the league. - Directors Katz, Linney, Young and President McIntosh had no comment.

9 Regular Meeting Minutes of August 14, 2018 Page 5 of 5 ADJOURNMENT President McIntosh adjourned the meeting at 1:54 p.m. SUBMITTED BY: Rischa S. Cole, Secretary of the District APPROVED: September 11, 2018 Lesa R. McIntosh, President of the Board W:\Board of Directors - Meeting Related Docs\Minutes\Minutes 2018\Reg Mtg\081418_regular_minutes.docx

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43

44

45

46

47

48

49

50

51

52

53

54

55

56

57

58

59

60

61

62

63

64

65

66

67

68

69

70

71

72

73

74

75

76

77

78

79

80

81

82

83

84

85

86

87

88

89

90

91

92

93

94

95

96

97

98

99

100

101

102

103

104