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HomeMy WebLinkAbout02.a. Approve minutes of meeting held 12-03-20 Page 1 of 9 Item 2.a. CENTRALSAN jdf A- hom CENTRAL CONTRA COSTA SANITARY DISTRICT December 17, 2020 TO: HONORABLE BOARD OF DIRECTORS FROM: KATIE YOUNG, SECRETARYOF THE DISTRICT SUBJECT: DECEMBER 3, 2020 BOARD MEETING MINUTES Attached are the draft minutes of the above Board meeting. ATTACHMENTS: 1. Draft Minutes of 12-03-20 meeting December 17, 2020 Regular Board Meeting Agenda Packet- Page 12 of 173 Page 2 of 9 -_ CENTRAL SAN BOARD OF DIRECTORS: CONTRACENTRAL ■ PLACE, MICHAEL R.MCGILL President TAD J PILECKI President Pro Tem MINUTES* PAUL K CAUSEY JAMES A.NEJEDLY DAVID R. WILLIAMS BOARD MEETING Multi-Purpose Room Thursday, December 3, 2020 1:30 p.m. DRAFT Open Session — Multi-Purpose 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 dedicated the moment of silence to Communications and Government Relations Manager Emily Barnett's father who recently passed away, the healthcare workers who continue to support all the patients in this pandemic, and the scientists who have developed vaccines. PUBLIC COMMENT PERIOD Secretary of the District Katie Young announced that staff from Senator Steven Glazer's office were unable to attend meeting due the pandemic but would be sending resolutions to both Members Causey and Nejedly recognizing their years of service at the District. These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. December 17, 2020 Regular Board Meeting Agenda Packet- Page 13 of 173 Page 3 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT December 3, 2020 Board Meeting Minutes -Page 2 REQUESTS TO CONSIDER MATTERS OUT OF ORDER None. ANNOUNCE CLOSED SESSION (pursuant to Government Code Section 54957.7) District Counsel Kent Alm announced that a closed session would be held for Item 1. RECESS TO CLOSED SESSION The Board recessed at 1:34 p.m. to reconvene in closed session in the Caucus Room. Member Nejedly was not in attendance during the closed session. Closed Session (Not video recorded) CLOSED SESSION 1. Conference with labor negotiators pursuant to Government Code Section 54957.6: District Negotiators: • Roger S. Bailey, General Manager • Teji O'Malley, Human Resources Manager Employee Organizations: • Employees' Association, Public Employees Union, Local One • Management Support/Confidential Group (MS/CG) • Management Group • Unrepresented At-Will Positions RECESS TO OPEN SESSION The Board recessed at 3:01 p.m. to reconvene in open session in the Multi-Purpose Room. Member Nejedly rejoined the meeting. REPORT OUT OF CLOSED SESSION Mr. Alm reported that direction was given to District negotiators to complete the meet-and- confer process with all District bargaining units in an expeditious fashion, as it relates to Item 6 on this agenda. December 17, 2020 Regular Board Meeting Agenda Packet- Page 14 of 173 Page 4 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT December 3, 2020 Board Meeting Minutes -Page 3 CONSENT CALENDAR 2. Approve the following: a. November 16, 2020 Special Board meeting minutes b. November 19, 2020 Regular Board meeting minutes 3. Receive Quarterly financial Review for Quarter ended September 30, 2020 Ms. Young referred to a handout distributed prior to the meeting which indicated revisions on page 4 of the draft minutes of the November 19, 2020 Board meeting. Unless any Board Members had any other comments on the minutes, she said adoption of the Consent Calendar, as recommended, would include the revised version of the minutes. BOARD ACTION: Motion was made by Member Causey and seconded by Member Williams to adopt the Consent Calendar as recommended, including the revisions to the November 19, 2020 Board meeting minutes. 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 Ms. Barnett reviewed the presentation distributed prior to the meeting. BOARD ACTION: Received the update. OTHER BOARD ACTION ITEMS 5. Approve expenditures incurred October 3 through November 5, 2020 Member Causey recused himself from voting on this item because he has consulted for a recipient of one or more checks on the expenditures list on matters unrelated to Central San. He left the videoconference. President McGill called for a motion 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 rejoined the videoconference. 6. Consider adopting Resolution No. 2020-058 to update current accrued leave cash- out practices for unrepresented at-will positions so they are no longer subject to the December 17, 2020 Regular Board Meeting Agenda Packet- Page 15 of 173 Page 5 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT December 3, 2020 Board Meeting Minutes -Page 4 constructive receipt doctrine pursuant to the Internal Revenue Code (IRC), and to rescind Resolution 2018-052 General Manager Roger S. Bailey noted that a revised version of the proposed resolution was distributed prior to the meeting because some information had been inadvertently omitted from the earlier version. He said that the staff recommendation to adopt a resolution for this item would include the revised version of the proposed resolution. Member Causey opined that this issue was a matter for the new Board to discuss. Member Nejedly agreed. BOARD ACTION: Motion was made by Member Williams and seconded by Member Pilecki to adopt Resolution No. 2020-058 (as revised) to update current accrued leave cash-out practices for unrepresented at-will positions so they are no longer subject to the constructive receipt doctrine pursuant to the Internal Revenue Code (IRC), and to rescind Resolution 2018-052. Motion passed by the following roll call vote: AYES: Members: Pilecki, Williams, McGill NOES: Members: None ABSTAIN: Members: Causey, Nejedly ADMINISTRATIVE MATTERS FOLLOWING NOVEMBER 3, 2020 CONSOLIDATED ELECTION 7. Appoint Board President for a one-year term commencing January 1, 2021 Given that two newly elected Board Members, Mariah N. Lauritzen and Barbara D. Hockett, will take office effective at noon on December 4, President McGill suggested that appointment of next year's Board President and President Pro Tem be continued to the next meeting so the new Board Members will have the opportunity to vote on these matters. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Williams to continue the matters of appointing the Board President and President Pro Tem for 2021 to the December 17, 2020 Board meeting. Motion passed by the following roll call vote: AYES: Members: Pilecki, Williams, McGill NOES: Members: None ABSTAIN: Members: Causey, Nejedly 8. Appoint Board President Pro Tem for a one-year term commencing January 1, 2021 This matter was continued to the next meeting. (See Item 7.) December 17, 2020 Regular Board Meeting Agenda Packet- Page 16 of 173 Page 6 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT December 3, 2020 Board Meeting Minutes -Page 5 9. Adopt Resolution 2020-059 recognizing outgoing Board Member Paul H. Causey for eight years of service BOARD ACTION: Motion was made by Member Williams and seconded by Member Pilecki to adopt Resolution 2020-059 recognizing outgoing Board Member Paul H. Causey for eight years of service. Motion passed by the following roll call vote: AYES: Members: Nejedly, Pilecki, Williams, McGill NOES: Members: None ABSTAIN: Members: Causey Member Causey provided a statement to District staff and the Board, thanking everyone for the years he served. The Board Members, District Counsel Kent Alm, Mr. Bailey and staff expressed their gratitude to Member Causey for his outstanding service as a Central San Board Member during the past eight years. 10. Adopt Resolution 2020-060 recognizing outgoing Board Member James A. Nejedly for 24 years of service Member Nejedly thanked staff for all the hard work, dedication and support he received during his 24 years of service as a Central San Board Member. The Board Members, Mr. Alm, Mr. Bailey and multiple employees expressed their gratitude to Member Nejedly, thanking him for his years of service and his dedication to the employees and the District. BOARD ACTION: Motion was made by Member Causey and seconded by Member Williams to adopt Resolution 2020-060 recognizing outgoing Board Member James A. Nejedly for 24 years of service. Motion passed by the following roll call vote: AYES: Members: Causey, Pilecki, Williams, McGill, NOES: Members: None ABSTAIN: Members: Nejedly 11. Adopt Resolution 2020-061 accepting the November 3, 2020 Consolidated Election Results BOARD ACTION: Motion was made by Member Causey and seconded by Member Nejedly to adopt Resolution 2020-061 accepting the November 3, 2020 Consolidated Election Results. Motion passed by unanimous roll call vote. 12. Administer Oath of Office to re-elected Board Member Tad J. Pilecki, and newly- elected Board Members Mariah N. Lauritzen and Barbara D. Hockett December 17, 2020 Regular Board Meeting Agenda Packet- Page 17 of 173 Page 7 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT December 3, 2020 Board Meeting Minutes -Page 6 Secretary of the District Katie Young reported that the Oath of Office had been administered to re-elected Board Member Tad J. Pilecki earlier in the day. ACTION: Ms. Young administered the Oath of Office to newly-elected Board Members Mariah N. Lauritzen and Barbara D. Hockett. Ms. Lauritzen stated that it was an honor to have been elected and she hopes to do well by the public and her fellow Board Members. REPORTS AND ANNOUNCEMENTS 13. General Manager— Announcements a. Announcements — December 3, 2020 1) Central San adopts boundary map and election sequencing schedule for area-based elections 2) Central San welcomes new employee, Frank Ferguson, Utility Worker 3) Central San welcomes new employee, Justine Gleason, Chemist 1 4) Natural gas pre-purchased for first quarter of 2021 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 meetings: Real Estate, Environmental & Planning — Monday, December 14 at 9:00 a.m. Administration — Tuesday, December 15 at 8:30 a.m. Finance — Tuesday, December 15 at 2:00 p.m. BOARD ACTION: Received the announcements. 16. Board Members — Committee Minutes a. November 16, 2020 — Finance Committee — Chair Causey and Member Nejedly President McGill made an announcement about the upcoming Finance Committee meeting scheduled for December 15. Since Chair Causey and Member Nejedly will no longer be available, he, as Board President, appointed himself to serve as Chair of the Finance Committee and Member December 17, 2020 Regular Board Meeting Agenda Packet- Page 18 of 173 Page 8 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT December 3, 2020 Board Meeting Minutes-Page 7 Pilecki to serve along with him for the December 15 meeting. They will continue to serve in those roles until the 2021 Committee appointments have been made. 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— None. Member Nejedly— None. Member Pilecki — None. Member Williams • November 23, 2020 — Meeting with staff to discuss nutrient regulations in advance of November 30 Water Exchange Board Liaison Meeting (via Teams) • November 30, 2020 —Water Exchange Board Liaison Meeting (via Teams) President McGill President McGill provided a written report covering his announcements and other meetings. 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 19. Receive update on emergency declared on November 19, 2020 authorizing repair of a 30-inch diameter force main located on Bates Boulevard in Orinda, in accordance with Public Contract Code Section 22050 Capital Projects Division Manager Edgar Lopez provided a brief update on the emergency repairs to the damaged Orinda force main. He said the repair work was complete but a few outstanding invoices remain to be received. Staff has an ongoing investigation and has drafted a report with its findings, which should soon be finalized by the Safety Division. December 17, 2020 Regular Board Meeting Agenda Packet- Page 19 of 173 Page 9 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT December 3, 2020 Board Meeting Minutes -Page 8 Mr. Alm advised that the Board's motion should continue the emergency pending the receipt of outstanding invoices and, upon receipt of those invoices, authorize the General Manager to terminate the emergency without returning to the Board. Member Williams requested a final briefing or an executive summary on the emergency in the future. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Causey to continue the emergency and authorize the General Manager terminate the emergency once all final invoices have been received. Motion passed by the following roll call vote: AYES: Members: Causey, McGill, Pilecki, Williams NOES: Members: None ABSENT: Members: Nejedly REQUESTS FOR FUTURE AGENDA ITEMS None. ADJOURNMENT The meeting was adjourned at 4:08 p.m. in honor of Members Causey and Nejedly for their years of service at the District. 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 December 17, 2020 Regular Board Meeting Agenda Packet- Page 20 of 173