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HomeMy WebLinkAbout01.a. Approve minutes of meeting held 07-16-20 Page 1 of 10 Item 1.a. CENTRALSAN jdf A- hom CENTRAL CONTRA COSTA SANITARY DISTRICT August 6, 2020 TO: HONORABLE BOARD OF DIRECTORS FROM: KATIE YOUNG, SECRETARYOF THE DISTRICT SUBJECT: JULY 16, 2020 BOARD MEETI NG MI NUTES Attached are the draft minutes of the above Board meeting. ATTACHMENTS: 1. Draft Minutes 07-16-20 Board meeting August 6, 2020 Regular Board Meeting Agenda Packet- Page 6 of 107 Page 2 of 10 CENTRAL SAN CENTRAL •NTRA COSTA SANITARY DISTRICT 5019 • MINUTES* BOARD OF DIRECTORS: MICHAEL R.MCGILL President REGULAR BOARD MEETING TAD J PILECKI Board Room President Pro Tent Thursday, July 16, 2020 DRAFT PAUL H.CAUSED 1'30 p.m. ES A.NEJEDLY DAVID R. WILLIAMS 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 1:33 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 Pilecki dedicated the moment of silence to future essential workers, specifically the children who will be the most impacted group as the result of COVID-19 with an economic downturn, educational impact and social interaction deficit. PUBLIC COMMENT PERIOD No comments. ANNOUNCE CLOSED SESSION (pursuant to Government Code Section 54957.7) District Counsel Kent Alm announced that a closed session would be held for Items 1 and 2. These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. August 6, 2020 Regular Board Meeting Agenda Packet- Page 7 of 107 Page 3 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT July 16, 2020 Board Meeting Minutes -Page 2 RECESS TO CLOSED SESSION The Board recessed at 1:37 p.m. to reconvene in closed session. Closed Session (Not video recorded) CLOSED SESSION 1. Personnel matters pursuant to Government Code Section 54957(b)(1) — Performance Evaluations for following members of Executive Management Team: General Manager, Secretary of the District, and District Counsel 2. Conference with Legal Counsel - Anticipated Litigation - exposure to litigation pursuant to Government Code Section 54956.9(d)(2): • One Potential Case - Southwest Voter Registration Education Project RECESS TO OPEN SESSION The Board recessed at 4:01 p.m. to reconvene in open session in the Board Room. REPORT OUT OF CLOSED SESSION Item 1: The Board designated the President and President Pro Tem as negotiators for the Executive Management Team and provided instructions to the negotiators. Item 2: Instruction was given to District Counsel. REQUESTS TO CONSIDER MATTERS OUT OF ORDER General Manager Roger S. Bailey requested Items 13 be heard before Item 12. CONSENT CALENDAR 3. Approve the following: a. July 2, 2020 Board meeting minutes 4. Confirm publication of uncodified District Ordinance Nos. 309 and 310 summaries 5. Approve proposed revision to Board Policy No. BP 031 — Use of Temporary Employees August 6, 2020 Regular Board Meeting Agenda Packet- Page 8 of 107 Page 4 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT July 16, 2020 Board Meeting Minutes-Page 3 6. Approve proposed revisions to Board Policy No. BP 034 — Reporting Protocols for Ethics Hotline 7. Adopt new Board Policy No. BP 040 — Electronic Signatures and Approvals 8. Award a construction contract in the amount of $4,629,300 to Auburn Constructors, LLC, the lowest responsive bidder for the Influent Pump Electrical Improvements, District Project 7328; include award of the additive bid items in the amount of $1,868,000; find that the Project is exempt from the California Environmental Quality Act (CEQA); amend an existing agreement with Brown and Caldwell to include engineering services during construction in the amount of $570,000, increasing the cost ceiling to $1,498,152; and authorize a $676,000 transfer from the Capital Improvement Budget Contingency to fund the Project At the request of President McGill, Member Pilecki provided a brief summary of Item 8 and the discussion held at the recent Engineering & Operations Committee meeting. He expressed confidence that the project was necessary and will, among other things, protect the District by reducing the likelihood of pump station flooding and allowing for full pump capacity during periods of wet weather. BOARD ACTION: Motion was made by Member Williams and seconded by Member Nejedly to adopt the Consent Calendar as recommended. Motion passed by unanimous roll call vote. PUBLIC HEARINGS 9. Conduct a public hearing to consider placing the following charges for Fiscal Year 2020-21 on the Contra Costa County tax roll for collection: • Sewer Service Charges • Capacity Use Charges • Assessments for Contractual Assessment Districts and Alhambra Valley Assessment Districts • Charges for other fee installment payment programs Resolution No. 2020-022 for adoption In response to a question from Member Pilecki, Planning and Development Services Division Manager Danea Gemmell advised that if a restaurant or other establishment were to go out of business, the property owner or manager would be responsible for fees and payments until the next tenant is in place. She added that no businesses have notified staff of any closures to date. Member Causey asked if the capacity fees were covered by the Teeter Plan. Ms. Gemmell stated that the fees are on the tax roll and the Teeter Plan covers the property owner. A promissory note will be added to individual property owners. Mr. Alm stated that in past practice the County has continued with the Teeter Plan or August 6, 2020 Regular Board Meeting Agenda Packet- Page 9 of 107 Page 5 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT July 16, 2020 Board Meeting Minutes -Page 4 looked to an ad valorem tax. He was unsure if the policy will change but stated historically, the District would still collect the funds. President McGill opened the public hearing. 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 Causey to adopt Resolution No. 2020-022. Motion passed by unanimous roll call vote. 10. Conduct a public hearing to consider adopting uncodified Ordinance No. 311 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 In the interest of time, and with the Board's concurrence, Senior Engineer Dana Lawson did not review the presentation included with the agenda material, but said she was available to respond to questions. Member Pilecki suggested that the Board consider delegating to the General Manager the authority to approve future revisions to the District's standard specifications. Mr. Alm advised that the standard specifications must be adopted by ordinance following a public hearing. Given that the public must abide by the standard specifications, he felt strongly that they should continue to be adopted by the full Board. President McGill opened the public hearing. There being no members of the public present, nor public comments submitted, the public hearing was closed. BOARD ACTION: Motion was made by Member Causey and seconded by Member Williams to adopt uncodified Ordinance No. 311 to establish the document entitled CCCSD Standard Specifications for Design and Construction, 2020 Edition as the District's standard specifications. Motion passed by unanimous roll call vote. COVID-19 PANDEMIC RESPONSE 11. Receive update on Central San's response regarding the Coronavirus (COVID-19) pandemic Communications and Intergovernmental Relations Manager Emily Barnett reviewed the presentation distributed prior to the meeting. She provided a verbal update regarding a second employee who tested positive for COVID-19. She advised that the District's exposure prevention policy was in place and any employees who came in contact with the employee were tested. No other positive tests have resulted from the two exposures, and Ms. Barnett advised that both employees who tested positive are doing well. August 6, 2020 Regular Board Meeting Agenda Packet- Page 10 of 107 Page 6 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT July 16, 2020 Board Meeting Minutes -Page 5 There was a discussion about the lengthy turnaround time for receiving test results in Contra Costa County. Human Resources Manager Teji O'Malley has been working with the County to obtain employee test results more quickly. BOARD ACTION: Received the update. OTHER BOARD ACTION ITEMS 12. Approve the Electric Blower Improvements - Phase 1 Project in the Fiscal Year 2020-21 Budget and funding from the Steam and Aeration Blower Systems Renovations, District Project 7349; and amend an existing professional engineering services agreement with HDR, Inc. in an amount not to exceed $880,000 to include final design services, increasing the agreement cost ceiling to $3,470,000 This item was heard immediately following Item 13. Director of Engineering and Technical Services Jean-Marc Petit reviewed the updated presentation that was distributed prior to the meeting. Member Pilecki advised that the Engineering & Operations Committee did not make a recommendation for this project as there were some concerns regarding the timing of the studies and the total cost of the project. He stated that with this presentation, staff had demonstrated that the project needs to be completed in the manner presented and he was comfortable approving the project. In response to a question posed by Member Causey, Mr. Petit stated that this project will not impact the planned solar array project because it is not directly tied to the treatment plant. The project, however, would put 1.75 megawatts on the grid, so it would help in the event more electricity is needed for the plant. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Nejedly to: • Approve the Electric Blower Improvements - Phase 1 Project in the Fiscal Year 2020-21 Budget and funding from the Steam and Aeration Blower Systems Renovations, District Project 7349; and • Authorize the General Manager to amend an existing professional engineering services agreement with HDR, Inc. to include final design for the Electric Blower Improvements Project - Phase 1 for an amount of $880,000, raising the agreement cost ceiling to $3,470,000. Motion passed by unanimous roll call vote. August 6, 2020 Regular Board Meeting Agenda Packet- Page 11 of 107 Page 7 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT July 16, 2020 Board Meeting Minutes -Page 6 LEGISLATIVE MATTERS 13. Receive update on pending legislative matters and provide direction on priority legislation This item was heard immediately following Item 11. Ms. Barnett reviewed the updated Priority Legislation Tracking Sheet that had been distributed prior to the meeting. She discussed that the governor and legislators reached an agreement on the state budget, which had passed without an agreement, reserves and spending reductions, but does not include federal funding. Educational programs will take the primary impact from the state and federal funding. Ms. Barnett stated that staff has been assertive in promoting the Board's decision regarding HR 773, Congressman John Garamendi's bill to include special districts in COVID-19 relief funds, by sending letters to all representatives. Member Causey stated that the California Association of Sanitation Agencies (CASA) workgroup has reached an agreement with disposable wipes manufacturers and congratulated Ms. Barnett and her staff for their hard work in advocating for new legislation regarding "flushable"wipes. BOARD ACTION: Received the update. REPORTS AND ANNOUNCEMENTS 14. General Manager— Reports a. Receive informational list of pending Board and Standing Committee future agenda item BOARD ACTION: Received the list. 15. General Manager— Announcements a. Announcements — July 16, 2020 1) Central San welcomes new employee Nick Camarena to the Permit Counter in the Planning and Development Services Division 2) Request for Proposals issued and notices mailed to neighborhood for solar array project on north end of Blum Road 3) Staff to present in October at WEFTEC 2020, the annual Water Environment Federation Technical Conference August 6, 2020 Regular Board Meeting Agenda Packet- Page 12 of 107 Page 8 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT July 16, 2020 Board Meeting Minutes -Page 7 4) Stanley Caldwell, Board Member of Mt. View Sanitary District, appointed in lieu of election to fill Bay Area Network's Seat C on Board of California Special Districts Association 5) Second Quarter 2020 update on General Manager authorized contracts, agreements, etc. 6) Second Quarter 2020 update on personnel actions No further announcements were made during the meeting. BOARD ACTION: Received the announcements. 16. Counsel for the District a. Report out of settlement in following matter: • LIABILITY CLAIM — Claimant: Lauren White, TTE Mr. Alm announced that the above claim for sewer overflow cleanup costs was settled in the amount of$54,684.01 as of April 16, 2020. BOARD ACTION: Received the report out. 17. Secretary of the District Ms. Young announced the following upcoming Committee meetings: Real Estate, Environmental & Planning — Monday, July 20 at 8:00 a.m. Administration — Tuesday, July 21 at 8:30 a.m. Finance — Tuesday, July 21 at 2:00 p.m. Administration — Tuesday, August 4 at 8:30 a.m. Engineering & Operations — Tuesday, August 4 at 2:00 p.m. Ms. Young also announced that the nomination period for the November 2020 election for three Central San Board Member seats was open. It will close Friday, August 7. BOARD ACTION: Received the announcements. 18. Board Members — Committee Minutes a. July 7, 2020 —Administration Committee — Chair Williams and President McGill August 6, 2020 Regular Board Meeting Agenda Packet- Page 13 of 107 Page 9 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT July 16, 2020 Board Meeting Minutes-Page 8 b. July 2, 2020 — Engineering & Operations Committee — Chair Nejedly and Member Pilecki BOARD ACTION: Received the Committee minutes. 19. 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 • Attended the CASA workgroup. Member Nejedly— No report. Member Pilecki — No report. Member Williams — No report. President McGill • July 13, 2020 — Joint virtual meeting of the Alameda County and Contra Costa County Chapters of the California Special Districts Association (CSDA) Member McGill provided a written report covering his announcements and other meetings. BOARD ACTION: Received the reports and announcements. 20. 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. REQUESTS FOR FUTURE AGENDA ITEMS Member McGill requested an update on the state's ability to borrow funds from public agencies during a budget crisis. August 6, 2020 Regular Board Meeting Agenda Packet- Page 14 of 107 Page 10 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT July 16, 2020 Board Meeting Minutes-Page 9 ADJOURNMENT The meeting was adjourned at 5:15 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 August 6, 2020 Regular Board Meeting Agenda Packet- Page 15 of 107