The URL can be used to link to this page

Home My WebLink About03.b. Approve the Board Meeting Minutes of 03-05-20 Page 1 of 9 Item 3.b. k�*k CENTRAL SAN CENTRAL CONTRA COSTA March 19, 2020 TO: HONORABLE BOARD OF DIRECTORS FROM: KATIE YOUNG, SECRETARY OF THE DISTRICT SUBJECT: MARCH 5, 2020 REGULAR BOARD MEETING MINUTES Attached are the draft minutes of the above Board meeting. ATTACHMENTS: 1. Draft Minutes of Regular Board Meeting held 03-05-20 March 19, 2020 Regular Board Meeting Agenda Packet- Page 19 of 163 AMENDED AGENDA Page 2 of 9 CENTRAL SAN CONTRACENTRAL • IMHOFF PLACE, MARTINEZ, CA 9,4553-437 MINUTES* BOARD OF DIRECTORS: MICHAEL R.MCGILL President REGULAR BOARD MEETING TAD J PILECKI Board Room President Pro Tens Thursday, March 5, 2020 PAUL H.CAUSEY 1:3 0p'm. JAMES A.NEJEDLY DAVID R. WILLIAMS DRAFT 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 (arrived at 1:32 p.m.), Nejedly, Pilecki, Williams (arrived at 1:32 p.m.), McGill ABSENT: Members: None PLEDGE OF ALLEGIANCE The Board, staff and audience joined in the Pledge of Allegiance. INTRODUCTIONS/RETIREMENTS Members Causey and Williams arrived. 1. Upcoming retirements: • Mike Furtado, Control Systems Technician in the Operations Department, Plant Operations Division, effective March 17, 2020, after 27 years of service; and • Patty Wedemeyer, Senior Administrative Technician in the Operations Department, Office of the Deputy General Manager, Human Resources Division, effective March 17, 2020, after 20 years of service. BOARD ACTION: Congratulated Mr. Furtado and Ms. Wedemeyer. These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. March 19, 2020 Regular Board Meeting Agenda Packet- Page 20 of 163 AMENDED AGENDA Page 3 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT March 5, 2020 Regular Board Meeting Minutes -Page 2 PUBLIC COMMENT PERIOD No comments. REQUESTS TO CONSIDER MATTERS OUT OF ORDER None. AWARDS AND PRESENTATIONS 2. Receive from the California Water Environment Association (CWEA), San Francisco Bay Section, two awards for 2019 in Community Engagement and Outreach for: • Best Use of Social Media, and • Outreach Project of the Year BOARD ACTION: Received the awards. CONSENT CALENDAR 3. Approve the following: a. February 20, 2020 Board meeting minutes 4. Set public hearing for April 2, 2020 at 1:30 p.m. to conduct annual review of Board Member compensation and benefits and to consider amending District Code Section 2.04.303, "Compensation of Board Members" Member Pilecki requested Item 4 be removed from the Consent Calendar for further discussion. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Causey to adopt Consent Calendar Item 3.a. as recommended. Motion passed by unanimous vote. Regarding Item 4, Member Pilecki stated that at the Board Workshop held on March 2, it was determined that all five Board Members would not be present at the April 2 Board meeting. The next soonest meeting at which all Board Members were expected to attend will be May 7. For that reason, he proposed setting the public hearing for annual review of Board Member compensation and benefits for May 7, 2020 at 1:30 p.m. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Causey to adopt Item 4 setting the public hearing for annual review of Board compensation and benefits on May 7, 2020 at 1:30 p.m. Motion passed by unanimous vote. March 19, 2020 Regular Board Meeting Agenda Packet- Page 21 of 163 AMENDED AGENDA Page 4 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT March 5, 2020 Regular Board Meeting Minutes -Page 3 OTHER BOARD ACTION ITEMS 5. Approve expenditures incurred January 17 through February 6, 2020 BOARD ACTION: Motion was made by Member Causey and seconded by Member Nejedly to approve the expenditures. Motion passed by unanimous vote. 6. Approve updated administrative overhead percentage of 190% for Fiscal Year 2020- 21 using Board approved methodology using actual costs and three-year smoothing, or consider alternative rates incorporating one year of pro-forma estimated savings arising from the transition to CalPERS Healthcare, with or without smoothing Finance Manager Kevin Mizuno reviewed the presentation included in the agenda material. There was a lengthy discussion during which Mr. Mizuno and Director of Finance and Administration Phil Leiber answered questions from the Board regarding past practices. Mr. Leiber advised that staff has identified a legally defensible, allowable rate in which over time, all customers will pay the appropriate amount. Member Causey asked the Board to consider altering the overhead rate without using audited financial data and/or smoothing in instances where there is an unusual circumstance, such as the savings incurred from transitioning to Ca1PERS Healthcare. He also sought to have the methodology incorporate a definition as to what might constitute an unusual circumstance in the future. He proposed a lower rate (186%) for the coming fiscal year and modifying the process. In response to a question from Member Williams, Mr. Mizuno reviewed various examples of customer administrative overhead rate usage. BOARD ACTION: Motion was made by Member Williams and seconded by Member Pilecki to approve the administrative overhead percentage of 190% for Fiscal Year 2020-21. Motion passed by the following vote: AYES: Members: Nejedly, Pilecki, McGill, Williams NOES: Members: Causey Member Causey made a motion to direct staff to develop a policy and procedure regarding unusual circumstances in dealing with the administrative overhead rate. Motion died for lack of a second. LEGISLATIVE MATTERS 7. Receive update on pending legislative matters and provide direction on priority legislation March 19, 2020 Regular Board Meeting Agenda Packet- Page 22 of 163 AMENDED AGENDA Page 5 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT March 5, 2020 Regular Board Meeting Minutes -Page 4 Communication Services and Intergovernmental Relations Manager Emily Barnett reviewed the legislative tracking sheet provided prior to the meeting. Ms. Barnett reviewed each of the following items and requested the Board take a support position: Item 3— SB 1052 Stormwater Capture and Diversion Authority, Item 4 —AB 1509 Solid Waste: Lithium Batteries, Item 5—AB 1672 Nonwoven disposable products, Item 6— SB 424 Tobacco Products, Item 7— SB 54 California Circular Economy and Plastic Pollution Reduction Act, Item 8— S. 3263 and H.R. 5845 Break Free from Plastic Prevention, and Item 11 — H.R. 1162 WIIN/Title XVI reauthorization. Ms. Barnett stated that staff is in the process of reviewing Item 9 —AB 1484 Mitigation Fee Act regarding housing development and currently has no recommended position until further review of its impact to the District. BOARD ACTION: Motion was made by Member Nejedly and seconded by Member Pilecki to take a support position on Items 3 through 8 and Item 11 on the Priority Legislative Tracking Sheet. Motion passed by unanimous vote. REPORTS AND ANNOUNCEMENTS 8. General Manager— Reports a. Receive summary of 2019 energy usage Senior Engineer Clint Shima reviewed the presentation included in the agenda material. BOARD ACTION: Received the summary. b. Receive 2019 Safety Program Annual Report Safety Officer Jerry Ledbetter reviewed the presentation included in the agenda material. BOARD ACTION: Received the report. C. Receive update on large development projects within Central San's service area Member Causey thanked staff for the maps and stated that he found them to be very helpful. Engineering Assistant III Russ Leavitt stated that if Measure Y passes, staff will be bringing a Resolution of Application requesting that Contra Costa March 19, 2020 Regular Board Meeting Agenda Packet- Page 23 of 163 AMENDED AGENDA Page 6 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT March 5, 2020 Regular Board Meeting Minutes -Page 5 County Local Agency Formation Commission (LAFCO) initiate boundary reorganization proceedings to annex one annexation area in Danville to Central San and/or East Bay Municipal Utility District (District Annexation 186 Magee Preserve). He said primary results from Tuesday's election indicate that Measure Y was in favor of passing. BOARD ACTION: Received the update. d. Receive informal assessment on utilization of the Uniform Public Construction Cost Accounting Act (UPCCAA) since its implementation at Central San in September 2018 Capital Projects Division Manager Edgar Lopez reviewed the presentation included in the agenda material. Member Causey requested that staff include estimated cost savings achieved by implementing the UPCCAA process in the next update. BOARD ACTION: Received the assessment. e. Receive update on Central San Academy Spring 2020 Session Management Analyst Christina Gee reviewed the presentation included in the agenda material. Member Pilecki suggested holding an academy in the San Ramon/Danville/ Orinda area. It was noted that Dublin San Ramon Services District (DSRSD) has a citizens' academy session of its own. Member Williams asked if headsets are provided to Academy participants who tour the treatment plant. Ms. Barnett stated that the District recently purchased hearing devices that have Bluetooth capabilities and have received great reviews from recent tour attendees. BOARD ACTION: Received the update 9. General Manager— Announcements a. Announcements — March 5, 2020 General Manager Roger S. Bailey made the following announcement(s) at the meeting: 1) A public workshop is scheduled for March 25, 2020 regarding the Walnut Creek Sewer Renovation Project, Phase 14, District Project 8460 March 19, 2020 Regular Board Meeting Agenda Packet- Page 24 of 163 AMENDED AGENDA Page 7 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT March 5, 2020 Regular Board Meeting Minutes-Page 6 2) A public workshop is scheduled for March 26, 2020 regarding the Martinez Sewer Renovation Project, Phase 6, District Project 8458 3) The Employee Engagement Survey opened on March 2, 2020 4) Update on the Coronavirus (COVID-19) and Central San's plan for staff safety BOARD ACTION: Received the announcements. 10. Counsel for the District District Counsel Kent Alm announced that a closed session would be held for Items 16 and 17. BOARD ACTION: Received the announcement. 11. Secretary of the District Ms. Young announced the following upcoming meetings: Real Estate, Environmental, and Planning Committee — Monday, March 9 at 8:00 a.m. Board Financial Planning Workshop — Thursday, March 12 at Noon Engineering & Operations Committee — Tuesday, March 17 at 2:00 p.m. BOARD ACTION: Received the announcements. 12. Board Members — Committee Minutes a. February 10, 2020 — Real Estate, Environmental & Planning Committee — Chair Pilecki and President McGill b. February 18, 2020 —Administration Committee — Chair Williams and President McGill C. February 18, 2020 — Finance Committee — Chair Causey and Member Pilecki (Alternate) BOARD ACTION: Received the Committee minutes. 13. 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 Neiedly— No report. Member Pilecki — No report. March 19, 2020 Regular Board Meeting Agenda Packet- Page 25 of 163 AMENDED AGENDA Page 8 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT March 5, 2020 Regular Board Meeting Minutes -Page 7 Member Williams — No report. President McGill • February 24-26, 2020 — California Association of Sanitation Agencies (CASA) Legislative Conference in Washington, D.C. President McGill also provided a written report covering his announcements and other meetings. BOARD ACTION: Received the reports and announcements. 14. 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 REQUIRING BOARD ACTION 15. Receive update on emergency declared on January 16, 2020 authorizing repair or replacement of the variable frequency drives (VFDs) at the Lower Orinda Pumping Station, and terminate the emergency situation in accordance with Public Contract Code 22050(c)(3) Mr. Lopez reviewed the presentation included with the agenda material. In accordance with the staff recommendation, the consensus of the Board was to terminate the emergency situation. REQUESTS FOR FUTURE AGENDA ITEMS None. ANNOUNCE CLOSED SESSION (pursuant to Government Code Section 54957.7) District Counsel Kent Alm announced that a closed session would be held for Items 16 and 17. RECESS TO CLOSED SESSION The Board recessed at 3:42 p.m. to reconvene in closed session in the Caucus Room. March 19, 2020 Regular Board Meeting Agenda Packet- Page 26 of 163 AMENDED AGENDA Page 9 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT March 5, 2020 Regular Board Meeting Minutes -Page 8 Closed Session — Caucus Room (Not video recorded) CLOSED SESSION 16. Closed Session pursuant to Government Code Section 54957(a) — Threat to public services or facilities 17. 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 4:40 p.m. to reconvene in open session in the Board Room. REPORT OUT OF CLOSED SESSION Mr. Alm reported that no reportable action was taken. ADJOURNMENT The meeting was adjourned at 4:41 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 March 19, 2020 Regular Board Meeting Agenda Packet- Page 27 of 163 AMENDED AGENDA