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HomeMy WebLinkAboutBOARD MINUTES 09-18-20 CENTRAL SAN CENTRAL • •A COSTA SANITARY • • PLACE, MINUTES* BOARD OF DIRECTORS: MICHAEL R.MCGILL President SPECIAL BOARD MEETING TAD J PILECKI Board Room President Pro Tena Friday, September 18, 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. He additionally dedicated the moment of silence to essential workers, specifically Central San employees, who are required to provide important services to the public; small business owners who have faced hardships during this time; families who have had to participate in distance learning; individuals who have lost loved ones during the pandemic; those who are forced to work in difficult situations due to economic reasons, and those who are facing financial hardship as a result of being laid off or furloughed during the pandemic. These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. Book 68— Page 167 CENTRAL CONTRA COSTA SANITARY DISTRICT September 18, 2020 Special Board Meeting Minutes— Book 68-Page 168 PUBLIC COMMENT PERIOD No comments. REQUESTS TO CONSIDER MATTERS OUT OF ORDER None. CONSENT CALENDAR 1. Approve the following: a. September 3, 2020 Regular Board meeting minutes b. September 3, 2020 Special Board meeting minutes 2. Adopt proposed revisions to: a. Board Policy No. BP 005 - Statement of Investment Policy; and b. Investment Guidelines Documents (IGDs) related to the Public Agencies Post-Retirement Health Care Plan Trust, which includes both of the following: • IGD for the existing Government Accounting Standards Board 45 Other Post-Employment Benefits Trust (GASB 45 OPEB Trust), and • IGD for the Pension Prefunding Trust BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Causey to adopt the Consent Calendar as recommended. Motion passed by unanimous roll call vote. PUBLIC HEARINGS 3. Conduct a public hearing to receive comments to adopt Resolution No. 2020-034 declaring a portion of District-owned property (portion of APN 159-140-057) located at 5030 Imhoff Drive in Martinez, commonly known as "The Topsoil" buffer property, as currently unneeded for District purposes; and authorizing staff to execute and administer lease agreements for the property with terms not to exceed ten years Planning and Development Services Division Manager Danea Gemmell reviewed the presentation included with the agenda material. In response to a question from Member Pilecki, Ms. Gemmell stated that in the eight years she has been at the District, there have been no complaints from the neighbors adjacent to the buffer properties. CENTRAL CONTRA COSTA SANITARY DISTRICT September 18, 2020 Special Board Meeting Minutes— Book 68-Page 169 BOARD ACTION: Motion was made by Member Williams and seconded by Member Nejedly to adopt Resolution No. 2020-034 declaring a portion of District-owned property (portion of APN 159-140-057) located at 5030 Imhoff Drive in Martinez, commonly known as "The Topsoil" buffer property, as currently unneeded for District purposes; and authorizing staff to execute and administer lease agreements for the property with terms not to exceed ten years. Motion passed by unanimous roll call vote. COVID-19 PANDEMIC RESPONSE 4. Receive update on Central San's response regarding the Coronavirus (COVID-19) pandemic Communications and Intergovernmental Relations Manager Emily Barnett provided an update on the District's response to the COVID-19 pandemic. Member Nejedly commended staff for all their hard work during the pandemic. In response to a question from Member Williams, Ms. Barnett advised that the County would need to stay in a color-coded section for more than two weeks in order to advance to the next level. She further explained what the next level would entail once the County gets the go-ahead. There was a discussion about testing and the positivity rates. BOARD ACTION: Receive the update. OTHER BOARD ACTION ITEMS 5. Adopt Resolution No. 2020-035 encouraging and promoting pollution prevention and declaring September 21-27, 2020 as Pollution Prevention Week; and receive update on Central San's Pollution Prevention Week activities and the 2020 Pollution Prevention Awards presented at the Sustainable Contra Costa Annual Awards Gala on September 17, 2020 Senior Environmental Compliance Inspector Colleen Henry reviewed the presentation included in the agenda material. Member Pilecki advised that he virtually attended the Sustainable Contra Costa Awards Gala and complimented Ms. Henry for doing a tremendous job in presenting the awards in addition to the entire Communications team. Member Causey stated that he was amazed, considering the current circumstances, how wonderful the program was done. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Causey to adopt Resolution No. 2020-035, encouraging and promoting pollution prevention and declaring September 21-27, 2020 as Pollution Prevention Week. Motion passed by unanimous roll call vote. CENTRAL CONTRA COSTA SANITARY DISTRICT September 18, 2020 Special Board Meeting Minutes— Book 68-Page 170 6. Adopt two new Board Policies (BP) as follows: • BP 041 - Pension Funding; and • BP 042 - Other Post-Employment Benefits (OPEB) Funding Director of Finance and Administration Phil Leiber reviewed the presentation included with the agenda material. Mr. Leiber explained the decision to set up the Pension Prefunding Trust and answered multiple questions from the Board Members. President McGill advised that the Administration Committee thoroughly reviewed the two policies and recommended Board approval. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Causey to adopt the following new Board Policies, effective immediately: • BP 041 - Pension Funding; and • BP 042 - Other Post-Employment Benefits (OPEB) Funding Motion passed by unanimous roll call vote. 7. Discuss strategy for the succession of District Counsel Kent Alm General Manager Roger S. Bailey summarized the discussion held at the September 8 Administration Committee meeting regarding the succession strategy for Kent Alm. Member Causey requested clarification on the criteria listed in the memorandum. Mr. Bailey advised that the items have not been weighted. Member Causey suggested that attorneys who do not have previous wastewater experience but may have water experience also should be included in the criteria. Member Nejedly concurred, adding that he believes a smaller firm would be more beneficial to the District. The proposed options were reviewed with the Board. Mr. Alm stated that he was comfortable reaching out to other agencies and agreed with Member Causey's statement regarding attorneys without wastewater experience but have experience in public law, including city attorneys or those with private practices. He noted that his intentions were to work through 2021 with a mid- year update in 2021 as to his plans for 2022. CENTRAL CONTRA COSTA SANITARY DISTRICT September 18, 2020 Special Board Meeting Minutes—Book 68-Page 171 Member Pilecki stated that he would endorse the Administration Committee's recommendation but would include municipal attorneys to the qualification experience. BOARD ACTION: Held discussion and provided direction to staff. 8. Receive update on California Voting Rights Act (CVRA) process for transitioning from an at-large election system to a by-division election system for membership on Central San's Board of Directors and provide direction to staff as appropriate Mr. Alm stated the Board would have an opportunity to provide direction to staff and counsel at the September 21, 2020 CVRA public hearing, noting that the intent of this item was to lay the groundwork for that hearing. Member Pilecki asked if the Board could convene into closed session to discuss this item. Mr. Alm stated that it would be appropriate but suggested the Board continue with the remaining agenda items and return to this item at the end. The Board agreed and proceeded to Item 9, returning to this matter immediately following Item 15. Special Counsel Marguerite Leoni of Neilsen Merksamer reviewed the presentation provided just before the meeting. Ms. Leoni provided a comprehensive explanation of the process involved with the transition to area-based elections and answered questions from Board Members regarding the sequencing of the elections. The Board recessed to closed session at 3:44 p.m. to discuss Item 16. Upon reconvening in open session at 4:36 p.m., the Board concluded this agenda item with the following statements. Member Pilecki stated his belief that the consensus of the Board was (1) to stay the course and complete the process for transitioning to area-based elections within the 90-day safe-harbor period and (2) that the Board will readdress the district boundaries once the 2020 census data becomes available next year. Member Williams and President McGill concurred. Member Causey stated that he was not in agreement with this process. BOARD ACTION: Provided direction to District Counsel. CENTRAL CONTRA COSTA SANITARY DISTRICT September 18, 2020 Special Board Meeting Minutes— Book 68-Page 172 REPORTS AND ANNOUNCEMENTS 9. General Manager— Reports a. Receive Fiscal Year 2019-20 Strategic Plan Annual Report This item was heard before Item 8. Management Analyst Christina Gee reviewed the presentation included with the agenda material. Member Pilecki highly praised staff and the leadership team on accomplishing all the goals and achievements provided in the Strategic Plan, to which all Board Members concurred. Member Pilecki requested extra copies of the 2019-20 Strategic Plan Annual Report for distribution to the public. BOARD ACTION: Received the report. 10. General Manager—Announcements a. Announcements — September 18, 2020 1) Central San transitioning to area-based elections with second public hearing on September 21, 2020 at 6:00 p.m. 2) Central San welcomes new employee Nicole Crawford, Administrative Assistant 3) Central San welcomes new employee Jess McDermott, Chemist I No further announcements were made during the meeting. BOARD ACTION: Received the announcements. 11. Counsel for the District None. 12. Secretary of the District Ms. Young announced the following upcoming Board Committee meetings. • Real Estate, Environmental & Planning — Monday, September 21 at 8:00 a.m. • Finance — Tuesday, September 22 at 2:00 p.m. • Administration — Tuesday, September 29 at 8:30 a.m. CENTRAL CONTRA COSTA SANITARY DISTRICT September 18, 2020 Special Board Meeting Minutes— Book 68-Page 173 Ms. Young also announced the following upcoming Special Board Meeting: • CVRA Public Hearing No. 2— Monday, September 21 at 6:00 p.m. BOARD ACTION: Received the announcements. 13. Board Members — Committee Minutes a. September 1, 2020 — Engineering & Operations Committee — Chair Nejedly and Member Pilecki President McGill stated that he was impressed with the level of information the Engineering & Operations Committee deals with and commended the Committee Members. b. September 8, 2020 —Administration Committee — Chair Williams and President McGill BOARD ACTION: Received the Committee minutes. 14. 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 • September 17, 2020— East Bay Municipal Utility District Briefing • September 18, 2020— San Ramon Mayor's Breakfast Member Nejedly - No report Member Pilecki • September 17, 2020— Sustainable Contra Costa Annual Awards Gala Member Williams • Congratulated the incumbents on their endorsement from the East Bay Times for re-election President McGill • September 13-16, 2020— 25th Annual WateReuse Virtual Symposium • September 17, 2020— San Ramon Chamber Mixer (via Zoom) President McGill also provided a written report covering his announcements and other meetings. BOARD ACTION: Received the reports and announcements. CENTRAL CONTRA COSTA SANITARY DISTRICT September 18, 2020 Special Board Meeting Minutes—Book 68-Page 174 15. 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 Causey requested an informational update on the recent California River Watch settlement so the public has the opportunity to understand the settlement. Member Pilecki requested an item be brought to the Board to develop a pilot program for financing the replacement of private sewer laterals. ANNOUNCE CLOSED SESSION (pursuant to Government Code Section 54957.7) This item was taken out of order during Item 8. Mr. Alm announced that a closed session would be held for Item 16. RECESS TO CLOSED SESSION The Board recessed at 3:44 p.m. to reconvene in closed session in the Caucus Room. Closed Session (Not video recorded) CLOSED SESSION 16. 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 4:36 p.m. to reconvene in open session in the Board Room. Ms. Young called roll: PRESENT(via videoconference): Members: Causey, Pilecki, Williams, McGill ABSENT. Members: Nejedly CENTRAL CONTRA COSTA SANITARY DISTRICT September 18, 2020 Special Board Meeting Minutes— Book 68-Page 175 REPORT OUT OF CLOSED SESSION Item 16— Mr. Alm reported that instruction was given to District and Special Counsel, after which the Board continued with Item 8. ADJOURNMENT The meeting was adjourned at 4:40 p.m. D1�.iG(A,at,�, ►2. Dti1.�Gi(,(, Michael R. McGill, P.E. President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: � ' ( 6W4 Katie Young Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California