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HomeMy WebLinkAboutBOARD MINUTES 06-04-20 CENTRAL SAN CONTRACENTRAL • IMHOFF PLACE, MARTINEZ, CA 9A553-A392 MINUTES* BOARD OF DIRECTORS: MICHAEL R.MCGILL President REGULAR BOARD MEETING TAD J PILECKI Board Room President Pro Tem Thursday, June 4, 2020 PAUL CAUSEY 1:30 p.m. ViISDADR wM Open Session — Board Room (Video recorded) NOTICE In accordance with the Governor's Executive Order N-29-20, which suspended certain requirements of the Brown Act due to the ongoing COVID-19 pandemic, all Board Members participated in this meeting via teleconference. Members of the public were provided options to participate in the meeting as provided on the agenda. 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(via videoconference): Members: Causey, Nejedly, Pilecki, Williams, McGill ABSENT: Members. None MOMENT OF SILENCE FOR ESSENTIAL WORKERS President McGill called for a moment of silence in honor of all essential workers during the COVID-19 pandemic. Member Williams dedicated the moment of silence to all front- line healthcare workers helping ensure the public is safe. PUBLIC COMMENT PERIOD No comments. These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. Book 68— Page 99 CENTRAL CONTRA COSTA SANITARY DISTRICT June 4, 2020 Board Meeting Minutes—Book 68-Page 100 REQUESTS TO CONSIDER MATTERS OUT OF ORDER None. CONSENT CALENDAR 2. Approve the following: a. May 21, 2020 Board meeting minutes 3. Receive April 2020 Financial Overview and Investment Portfolio Reports 4. Adopt Resolution No. 2020-018 authorizing the execution of a real property agreement for the property located at 100 Moraga Way in Orinda, and authorizing staff to record documents with the Contra Costa County Recorder BOARD ACTION: Motion was made by Member Causey and seconded by Member Williams to adopt the Consent Calendar as recommended. Motion passed by unanimous roll call vote. COVID-19 PANDEMIC RESPONSE 5. Receive update on Central San's response regarding the Coronavirus (COVID-19) pandemic Communications and Intergovernmental Relations Manager Emily Barnett reviewed the first portion of the presentation that was distributed prior to the meeting. Member Causey asked when the Recycled Water Fill Station would be open to the public. Ms. Barnett stated that depending on the opening of the Household Hazardous Waste Collection Facility, recycled water would be open June 27. BOARD ACTION: Received the update. PUBLIC HEARINGS 6. Conduct a public hearing to receive public comment and consider adopting the following ordinances to become effective July 1 , 2020: • Uncodified Ordinance No. 309 amending the Schedule of Capacity Fees, Rates, and Charges, replacing Ordinance No. 306 in accordance with District Code Chapter 6.12; and • Uncodified Ordinance No. 310 amending the Schedule of Environmental and Development-Related Fees and Charges, replacing Ordinance No. 307 in accordance with District Code Chapter 6.30 CENTRAL CONTRA COSTA SANITARY DISTRICT June 4, 2020 Board Meeting Minutes—Book 68-Page 101 Data is available, as required by Government Code Title 7, Division 1, Chapter 8, Section 66016. If you have questions, please contact Senior Engineer Thomas Brightbill by e-mail at tbrightbill@centralsan.org President McGill called for any questions from the Board Members. Member Causey stated that he was unclear as to why the District is considering raising the capacity fees when relief is being provided to other customer classes. He believes the District needs to remain consistent across the board regarding fee relief. Member Pilecki inquired about a legislation (AB 1484) that would impact Central San if it became a law, stating that you cannot use an equity buy-in method to calculate fees. District Counsel Kent Alm provided the background on the legislation in question and stated that the impact to Central San would be significant. President McGill opened a single public hearing for Item 6. There being no members of the public present, nor public comments submitted, the public hearing was closed. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Nejedly to adopt Uncodified Ordinance No. 309 - Schedule of Capacity Fees, Rates and Charges, and make necessary findings, replacing Ordinance No. 306 in accordance with District Code Chapter 6.12, effective July 1, 2020. President McGill called for any comments on the motion. Member Causey stated that he believes that the District needs to stay consistent if providing a rate holiday to customers this year. The motion passed by the following roll call vote: AYES: Members: Nejedly, Pilecki, Williams, McGill, NOES: Members: Causey BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Williams to adopt Uncodified Ordinance No. 310 - Schedule of Environmental and Development-Related Fees and Charges and make necessary findings, replacing Ordinance No. 307 in accordance with District Code Chapter 6.30, effective July 1, 2020. President McGill called for any comments on the motion. Member Causey reiterated his previous statement on consistency. The motion passed by the following roll call vote: AYES: Members: Nejedly, Pilecki, Williams, McGill, NOES: Members: Causey CENTRAL CONTRA COSTA SANITARY DISTRICT June 4, 2020 Board Meeting Minutes—Book 68-Page 102 7. Conduct a public hearing to receive public comment and consider adopting the Fiscal Year 2020-21 District Budget for the following funds: Operations and Maintenance, Capital Improvement, Self-Insurance, and Debt Service General Manager Roger S. Bailey said there would be no overarching presentation on the proposed FY 2020-21 District Budget since it was presented at the May 21, 2020 Board meeting. However, he said staff was available to respond to questions. Member Pilecki stated that the Board and staff has spent a tremendous amount of time and effort on the budget. Member Nejedly agreed. Mr. Bailey advised that the Budget Book has a timetable and talked extensively about it. It was noted that there were multiple meetings (March Financial Workshop, Finance and Engineering & Operations Committees) where the budget and associated documents were reviewed. President McGill opened the public hearing to consider adoption of the FY 2020-21 District Budget. There being no members of the public present, nor public comments submitted, the public hearing was closed. a. BOARD ACTION: Motion was made by Member Nejedly and seconded by Member Pilecki to find that the FY 2020-21 District Budget is exempt from the California Environmental Quality Act (CEQA). Motion passed by unanimous roll call vote. As the former Executive Director of BACWA, Member Williams recused himself from the following action and muted himself from the videoconference. President McGill called for a vote on Item 7.b. b. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Nejedly to approve and adopt those portions of the FY 2020-21 District Budget related to Bay Area Clean Water Agencies (BACWA), specifically, the amount of $368,000. Motion passed by unanimous roll call vote of the Board Members present. [4-0-1; Williams absent.] Member Williams unmuted himself from the videoconference and resumed participation in the meeting. C. BOARD ACTION: Motion was made by Member Williams and seconded by Member Pilecki to adopt the: • Remaining portion of the FY 2020-21 Operations and Maintenance Budget, apart from the BACWA costs; • FY 2020-21 Capital Improvement Budget; • FY 2020-21 Self-Insurance Budget; and • FY 2020-21 Debt Service Budget. President McGill asked if there were any comments on the motion. CENTRAL CONTRA COSTA SANITARY DISTRICT June 4, 2020 Board Meeting Minutes—Book 68-Page 103 Member Causey expressed concern about the budget in general and stated that it is a conservative budget, but it may not fully take into account COVID-19 and the impacts it may have on the District. He believes there will be a reduction in revenues this year and thinks the Board needs to take a closer look at that before adopting the budget. He requested the Board take a mid-year look at the budget and proposed raising the targeted Operations and Maintenance (O&M) reserve 10% above the policy required current level. Lastly, he stated that he is also concerned that the budget is not consistent with what the Board has done regarding rate relief and fees and charges and questioned whether private schools have been addressed. He asked the maker of the motion to add an increase of the reserve level in the O&M fund by 10% for next year. Member Williams stated that as the maker of the motion, he does not wish to change the motion and he did not have any comments. Motion passed by the following roll call vote: AYES: Members: Nejedly, Pilecki, Williams, McGill, NOES: Members: None ABSTAIN: Members: Causey d. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Williams to authorize the General Manager to renew the District's expiring: • Excess liability insurance for a premium not to exceed $450,000; and • Property insurance for a premium not to exceed $200,000. Motion passed by unanimous roll call vote. OTHER BOARD ACTION ITEMS 8. Approve expenditures incurred April 2, 2020 through April 30, 2020 Member Causey stated that he has consulted for Woodard & Curran on matters unrelated to Central San. Out of an abundance of caution, he said he needed to recuse himself from voting on this item. He muted himself from the videoconference call. President McGill called for a roll call vote on the item. BOARD ACTION: Motion was made by Member Nejedly and seconded by Member Pilecki to approve the expenditures as recommended. Motion passed by unanimous roll call vote of the Board Members present. [4-0-1; Causey absent.] Member Causey unmuted himself from the videoconference and resumed participation in the meeting. CENTRAL CONTRA COSTA SANITARY DISTRICT June 4, 2020 Board Meeting Minutes—Book 68-Page 104 9. Adopt Resolution No. 2020-019 calling for November 3, 2020 election, requesting consolidation of the District election with the statewide election, setting forth District requirements for Candidate Statements, soliciting an option for addressing tie votes, and directing the Secretary of the District to file the resolution with the Elections Department and County Board of Supervisors BOARD ACTION: Motion was made by Member Causey and seconded by Member Williams to adopt Resolution No. 2020-019 calling for November 3, 2020 election, requesting consolidation of the District election with the statewide election, setting forth District requirements for Candidate Statements, soliciting an option for addressing tie votes, and directing the Secretary of the District to file the resolution with the Elections Department and County Board of Supervisors. Motion passed by unanimous roll call vote. 10. As part of a program to provide rate relief to customers due to the COVID-19 pandemic, consider providing rate relief for Recycled Water customers Planning and Development Services Division Manager Danea Gemmell said that at the last Board meeting a request was made to consider waiving collection of the 3% incremental rate increase for recycled water similar to that recently approved for the Sewer Service Charge. Ms. Gemmell reviewed the presentation included with the agenda material. In response to a question from Member Causey, Director of Finance and Administration Phil Leiber explained the usage of the favorable variance. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Williams to not collect the 3% incremental Recycled Water rate increase for Fiscal Year 2020-21, while leaving the entire rate structure in place as adopted by Ordinance No. 305, effectively creating a rate increase holiday for FY 2020-21. The motion passed by the following roll call vote: AYES: Members: Pilecki, Williams, McGill NOES: Members: Causey, Nejedly LEGISLATIVE MATTERS 11. Receive update on pending legislative matters and provide direction on priority legislation Ms. Barnett reviewed the Priority Legislation Tracking Sheet that had been distributed prior to the meeting. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Causey to take the position of "Oppose Unless Amend" on Item 9 on the Priority Legislation Tracking Sheet reviewed during the meeting. Motion passed by unanimous roll call vote. CENTRAL CONTRA COSTA SANITARY DISTRICT June 4, 2020 Board Meeting Minutes—Book 68-Page 105 Ms. Barnett reviewed Items 12-14 on the legislative tracking sheet and responded to questions from the Board Members. BOARD ACTION: Motion was made by Member Williams and seconded by Member Causey to take the position of "Support" on Items 12-14 on the Priority Legislation Tracking Sheet reviewed during the meeting. Motion passed by unanimous roll call vote. REPORTS AND ANNOUNCEMENTS 12. General Manager— Reports a. Receive update on the Asset Management Program Senior Engineer Nitin Goel reviewed the presentation included with the agenda material. All of the Board Members appreciated the presentation and were impressed with the information. In response to a question from Member Causey, Mr. Goel responded that staff is in coordination with Collection System Operations Division Manager Paul Seitz to determine the amount of actual savings the District will get with the new work order system. BOARD ACTION: Received the update. 13. General Manager—Announcements a. Announcements — June 4, 2020 1) Tri-fold developed to communicate Sewer Service Charge relief to customers due to COVID-19 pandemic Member Pilecki questioned the cost of mailing the proposed tri-fold being sent out regarding the customer relief program and suggested reducing costs by doing a press release or adding the information to the District's website. Mr. Alm stated that included in the Proposition 218 omnibus bill is a statement that if you adopt a schedule of fees and there is any modification to the schedule, that the District must provide a notice via mail. With the rate relief, the District did modify the schedule. Member Causey suggested adding language regarding the increase next year. Mr. Bailey stated that he would review the tri-fold. CENTRAL CONTRA COSTA SANITARY DISTRICT June 4, 2020 Board Meeting Minutes—Book 68-Page 106 Private Schools Mr. Bailey circled back to something Member Causey mentioned during the Budget presentation, where he indicated the District did not do anything for private schools, but to the extent they are K-12 and on per capita billing, they actually benefitted from the action that the Board took. No further announcements were made during the meeting. BOARD ACTION: Received the announcements. 14. Counsel for the District None. 15. Secretary of the District Ms. Young announced the following upcoming Committee meeting: Administration — Tuesday, June 16 at 8:30 a.m. BOARD ACTION: Received the announcement. 16. Board Members — Committee Minutes a. May 18, 2020 — Real Estate, Environmental & Planning Committee — Chair Pilecki and President McGill Ms. Young advised the Board of the proposed amendments and there were no objections. b. May 18, 2020 — Finance Committee — Chair Causey and Member Nejedly BOARD ACTION: Received the Committee minutes. 17. 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 He stated that he continues to attend San Ramon Mayor's virtual breakfasts and stated that staff has done a great job trying to get the wastewater presentation scheduled, but there has been a delay due to current events/protests. Member Nejedly — No report. Member Pilecki — He will be attending the WateReuse virtual conference later this month. CENTRAL CONTRA COSTA SANITARY DISTRICT June 4, 2020 Board Meeting Minutes—Book 68-Page 107 Member Williams — No report. President McGill • May 19, 2020 — California Special Districts Association Legislative Briefing (virtual conference) President McGill also provided a written report covering his announcements and other meetings. President McGill requested Mr. Bailey draft a letter from Central San to be issued to the employees and other constituents relevant to the current crisis situation we are facing in our society. He asked Mr. Alm for clarification on process regarding a time-sensitive matter. Mr. Bailey stated that he will do what the Board wishes and advised that he has heard from quite a few employees whom have expressed their pain and concern and asked if Central San was going to do anything regarding the George Floyd incidents and protests. He stated that the District is part of a community that is in a lot of pain and our employees are part of that community. As an alternative, Mr. Bailey suggested that under the General Manager's authority authorized by the Board he could send an email to all employees. The Board Members had no objection to the General Manager sending an email. Member Causey asked that the bargaining units be included. Member Williams suggested sticking to high-level principles, keeping the letter brief and having a non-partisan tone. BOARD ACTION: Received the reports and announcements. 18. 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. CENTRAL CONTRA COSTA SANITARY DISTRICT June 4, 2020 Board Meeting Minutes—Book 68-Page 108 REQUESTS FOR FUTURE AGENDA ITEMS Member Williams requested the following future agenda items: a. Discussion on creating a two-year budget as a labor-saving effort. b. Discussion on the idea of indexing to the Consumer Price Index (CPI) the cost borne by candidates for their candidate statements for the 2022 election. A consensus of the Board agreed to these requests. ADJOURNMENT The meeting was adjourned at 3:14 p.m. Nc ad K. D1 LL (L Michael R. McGill, P.E. President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: tic U6" Katie Young Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California