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HomeMy WebLinkAbout01.. Approve minutes of meeting held 06-18-2020 Page 1 of 10 Item 1.a. CENTRALSAN jdf A- hom CENTRAL CONTRA COSTA SANITARY DISTRICT July 2, 2020 TO: HONORABLE BOARD OF DIRECTORS FROM: KATIE YOUNG, SECRETARYOF THE DISTRICT SUBJECT: JUNE 18, 2020 BOARD MEETING MINUTES Attached are the draft minutes of the above Board meeting. ATTACHMENTS: 1. Draft Board Minutes 06-18-20 July 2, 2020 Regular Board Meeting Agenda Packet- Page 6 of 69 Page 2 of 10 _ CENTRAL SAN CONTRACENTRAL •STA SANITARY DISTRICT 5019 IMHOFF MINUTES* BOARD OF DIRECTORS: MICHAEL R.MCGILL President REGULAR BOARD MEETING TAD J PILECKI Board Room President Pro Tem Thursday, June 18, 2020 PAUL H.CAUSEY 1:30 p.m. DAME A NEJEDLY AFT RWILLIAMS DR 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 Causey dedicated the moment of silence to parents with children who have had to work through this stressful time and create a work-life balance and to the Operations staff who may have challenges moving forward during this time. 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. July 2, 2020 Regular Board Meeting Agenda Packet- Page 7 of 69 Page 3 of 10 CENTRAL CONTRA COSTA SANITARYDISTRICT June 18, 2020 Board Meeting Minutes -Page 2 CONSENT CALENDAR 2. Approve the following: a. June 4, 2020 Board meeting minutes 3. Set a public hearing for July 2, 2020 at 1:30 p.m. to receive comments on adopting an uncodified ordinance to establish the "CCCSD Standard Specifications for Design and Construction, 2020 Edition" as Central San's standard specifications, in accordance with District Code Section 9.08.010 4. Set a public hearing for July 23, 2020 at 1:30 p.m. to receive comments on placing the following Fiscal Year 2020-21 charges on the Contra Costa County Tax Roll for collection: • Sewer Service Charges; • Capacity Use Charge Program charges; • Assessments for: o Contractual Assessment Districts o Alhambra Valley Assessment Districts; and • Charges for other fee installment payment programs 5. Authorize the General Manager to purchase natural gas through an existing service agreement with Shell Energy North America, LP, for the period January 1, 2022 through December 31, 2022, up to 1,000 decatherm per day at a price not to exceed $4.00 per decatherm, excluding transportation service costs 6. Authorize the General Manager to execute Amendment No. 2 to extend the termination date for one year to June 30, 2021, for the Memorandum of Understanding between Central San, Contra Costa Water District, and Santa Clara Valley Water District for a preliminary feasibility evaluation of the Refinery Recycled Water Exchange Project 7. Authorize the General Manager to execute three-year technical consulting services agreements with Consolidated Engineering Laboratories and Terracon Consultants, Inc., in an amount not to exceed $225,000 each, to provide on-call material and compaction testing services for the Capital Improvement Program Member Williams provided a minor correction to the June 4, 2020 minutes. Member Causey requested Item 6 be pulled from the Consent Calendar for further discussion. BOARD ACTION: Motion was made by Member Williams and seconded by Member Causey to adopt Items 1-5 and 7 on the Consent Calendar as recommended. Motion passed by unanimous roll call vote. July 2, 2020 Regular Board Meeting Agenda Packet- Page 8 of 69 Page 4 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT June 18, 2020 Board Meeting Minutes-Page 3 In regard to Item 6, Member Causey asked why there was an end date to the extension. General Manager Roger S. Bailey stated that he believes it is important from his perspective to have an end date to work towards and that all the other entities involved have dates included. BOARD ACTION: Motion was made by Member Williams and seconded by Member Pilecki to adopt Item 6 on the Consent Calendar as recommended. Motion passed by the following roll call vote: AYES: Members: Pilecki, Williams, McGill NOES: Members: Causey, Nejedly ABSTAIN: Members: None COVID-19 PANDEMIC RESPONSE 8. Receive update on Central San's response regarding the Coronavirus (COVID-19) pandemic Communications and Intergovernmental Relations Manager Emily Barnett reviewed the presentation that was distributed prior to the meeting. Human Resources Manager Teji O'Malley provided a verbal update regarding an employee who received a positive COVID-19 test. She advised that the exposure prevention policy was implemented and that employees were being tested. Member Causey stated that he appreciated the presentation and all that staff is doing to protect employees. BOARD ACTION: Received the update. OTHER BOARD ACTION ITEMS 9. Receive Internal Audit Report on Contract Management Controls Director of Finance and Administration Phil Leiber reviewed the presentation included with the agenda materials, of 20 pages that included an overview of the internal audit on Contract Management Controls, a summary of findings, scope and objectives, testing/work performed, context of the purchasing function, the steps involved in the procurement process, and detail on the eight findings/ recommendations of the internal audit. He noted that that the audit was initially presented to the Administration Committee in March by Central San's Senior Internal Auditor, Erica Brooks Peters, who moved out of state at the end of March. That position that is currently vacant. Several questions and comments were provided by the Board, including a question about the sample size of tested District contracts. Mr. Leiber stated that the amount of testing to be performed was determined by the internal auditor, and the size of the sample related to the degree of assurance required and the objective of the internal July 2, 2020 Regular Board Meeting Agenda Packet- Page 9 of 69 Page 5 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT June 18, 2020 Board Meeting Minutes-Page 4 audit. In this case, an objective of the audit was to provide information related to any internal control issues that could be addressed in the setup of the new Enterprise Resource Planning (ERP) system that is currently being implemented, which could be effectively achieved with a relatively smaller sample size. President McGill stated that he appreciated receiving the audit and believes staff is doing a good job in advancing the internal audit function and learning from the findings. Mr. Leiber advised that staff is committed to the continuation of the internal audit function but has delayed recruitment of a new internal auditor until staff is back on site, as it would not be efficient for a new internal auditor to conduct work without having staff readily available and on site for interviewing and compiling documentation. 10. Receive update on pending legislative matters and provide direction on priority legislation Ms. Barnett reviewed high-level details on the recent passage of the State budget and the District's Priority Legislation Tracking Sheet that had been distributed prior to the meeting. She provided an update on SB 1099 bill regarding emergency backup generators, adding that staff has some concerns regarding this item and will continue to watch its development, but may bring it back to the Board to change its position on it. There was a discussion on the federal funds and state reimbursements concerning the pandemic. District Counsel Kent Alm provided a summary of an editorial he read in the Sacramento Bee describing the governor's budget and questioning the federal funds. It was requested he forward this article to the Board Members. In response to a question from Member Pilecki, Ms. Barnett stated that staff does not at this time believe that the State Revolving Fund (SRF) loan program will be affected by the budget. However, staff is concerned if the State is not reimbursed for pandemic-related spending, further State budget cuts will be substantial and take place in October. Member Causey and Member McGill thanked Ms. Barnett for all her hard work in both advocacy and communication efforts to support the CASA-sponsored wipes proper labeling legislation, AB 1672. REPORTS AND ANNOUNCEMENTS 11. General Manager— Reports a. Receive Annual Recycled Water Program update Planning and Development Services Division Manager Danea Gemmell reviewed the presentation included with the agenda material. July 2, 2020 Regular Board Meeting Agenda Packet- Page 10 of 69 Page 6 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT June 18, 2020 Board Meeting Minutes-Page 5 The Board Members expressed their appreciation for the presentation. Member Causey asked for a status update on the Concord Community Reuse Project. BOARD ACTION: Received the update. b. Receive report on impacts to productivity from teleworking and other work schedule changes due to Central San's COVID-19 responses Mr. Leiber reviewed the presentation included with the agenda material. Member Pilecki requested the definition of"normal activities."Mr. Leiber stated that normal activities are items staff anticipated in the specific time period and anything COVID-19 related. All special projects are considered non-normal. Mr. Bailey stated that it is a fundamental issue and the level of service pre- and post-CO VID-19 relates to the mission, but staff needs to be able to gauge that and is still figuring out how to do so. Member Nejedly believes that staff has spent too many hours on this chart and that the District has excellent employees who come to work and work hard. He believes that the numbers are not totally accurate and believes activities being labeled unproductive is unfair to employees. Member Pilecki stated that staff has been working hard to keep busy with the modified schedule and teleworking but believes staff is facing big challenges going forward with routine maintenance work that must be completed. He stated that staff is starting to return to the office and the level of service is very important as well as keeping employees safe. Member Williams stated that he supports Member Nejedly's comments but is more concerned about the gap between the pre- and post-pandemic level of service to the public and the efficiency and effectiveness on staff interaction. Member Causey asked how much staff time was used to complete the productivity chart and if it was considered productive. Mr. Leiber stated that since staff was completing work related to COVID-19 it was considered productive and he would produce the amount of staff time used to complete the chart at a later meeting. Member Causey believes that there is a long-term value of what the District has and at this point he suggested moving forward and looking towards the future rather than gathering more information. Management Support/Confidential Group (MS/CG) President Tim Potter addressed the Board stating that he believes staff has made a tremendous effort to complete their work during this time. He stated that Central San work July 2, 2020 Regular Board Meeting Agenda Packet- Page 11 of 69 Page 7 of 10 CENTRAL CONTRA COSTA SANITARYDISTRICT June 18, 2020 Board Meeting Minutes -Page 6 groups continue to meet the District's mission of high-level productivity and that staff continues to maintain vigilance to complete the District's function. He requested the Board continue to allow the General Manager to maintain the status of the employees past July 1. BOARD ACTION: Received the report. 12. General Manager—Announcements a. Announcements — June 18, 2020 1) Household Hazardous Waste (HHW) Collection Facility reopening June 15, 2020 for service by appointment only; Recycled Water Fill Station reopening June 27, 2020 2) COVID-19-related cost overrun for professional engineering services agreement with JN Engineering, Inc., Agreement No. 0454422 No further announcements were made during the meeting. BOARD ACTION: Received the announcements. 13. Counsel for the District No report. 14. Secretary of the District Ms. Young announced the following upcoming Committee meetings: Engineering & Operations — Monday, June 22 at 2:00 p.m. Finance — Tuesday, June 23 at 2:00 p.m. Ms. Young also announced that the nomination period for the November 2020 election for three Central San Board Members will begin Monday, July 13, through Friday, August 7. BOARD ACTION: Received the announcements. 15. Board Members — Committee Minutes a. June 1, 2020 — Real Estate, Environmental & Planning Committee — Chair Pilecki and President McGill b. June 2, 2020 — Engineering & Operations Committee — Chair Nejedly and Member Pilecki BOARD ACTION: Received the Committee minutes. July 2, 2020 Regular Board Meeting Agenda Packet- Page 12 of 69 Page 8 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT June 18, 2020 Board Meeting Minutes-Page 7 16. 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 attended the San Ramon Mayor's breakfast and the Water Task Force Committee meeting. Member Nejedly - No report. Member Pilecki He attended the Mt. View Sanitary Board meeting regarding the Mt. View proposed rate increase. Three members of the public raised the issue of consolidation with Central San. It was noted that some Mt. View Board Members believe Central San has no interest in consolidation. It was also mentioned at a recent Contra Costa Local Agency Formation Commission (LAFCO) meeting. There was a discussion about the process of consolidation through LAFCO. Mr. Bailey answered multiple questions from the Board Members, after which it was the consensus of the Board to agendize a high-level discussion on consolidation for an upcoming Real Estate, Environmental and Planning Committee meeting. Representatives from Mt. View will be invited to attend the meeting, and the results of the discussion will be shared with the full Board. Member Williams - No report. President McGill Member McGill provided a written report covering his announcements and other meetings. Member McGill suggested having the closed session for the July 2, 2020 meeting be at the beginning of the meeting for the convenience of the outside consultant who is facilitating the Executive Management Team's annual performance evaluations. BOARD ACTION: Received the reports and announcements. 17. 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. July 2, 2020 Regular Board Meeting Agenda Packet- Page 13 of 69 Page 9 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT June 18, 2020 Board Meeting Minutes-Page 8 REQUESTS FOR FUTURE AGENDA ITEMS Member Causey requested an update to the full Board regarding the Concord Community Reuse Project. ANNOUNCE CLOSED SESSION (pursuant to Government Code Section 54957.7) District Counsel Kent Alm announced that a closed session would be held for Items 18, 19 and 20. RECESS TO CLOSED SESSION The Board recessed at 3:33 p.m. to reconvene in closed session in the Caucus Room. Closed Session (Not video recorded) CLOSED SESSION 18. Closed session pursuant to Government Code Section 54957(a) — Threat to public right of access to public services or public facilities due to COVID-19 pandemic 19. Conference with labor negotiators pursuant to Government Code Section 54957.6 to discuss COVID-19 pandemic District Negotiators: • Roger S. Bailey, General Manager • Ann Sasaki, Deputy General Manager • Teji O'Malley, Human Resources Manager Counsel: • District Counsel • Labor and Employment Counsel Employee Organizations: • Employees' Association Public Employees Union, Local One • Management Support/Confidential Group (MS/CG) • Management Group 20. Conference with Legal Counsel — Anticipated Litigation — exposure to litigation pursuant to Government Code Section 54956.9(d)(2): • One Potential Case — Brian Shenson, et al. v. County of Contra Costa, Pleasant Hill Recreation and Park District, et al., Contra Costa County Superior Court Case No. CIVMSC17-01267 July 2, 2020 Regular Board Meeting Agenda Packet- Page 14 of 69 Page 10 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT June 18, 2020 Board Meeting Minutes-Page 9 RECESS TO OPEN SESSION The Board recessed at 4:45 p.m. to reconvene in open session in the Board Room. REPORT OUT OF CLOSED SESSION None. ADJOURNMENT The meeting was adjourned at 4:46 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 July 2, 2020 Regular Board Meeting Agenda Packet- Page 15 of 69