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HomeMy WebLinkAboutBOARD MINUTES 01-07-21 = 110ENTRAL SAN CONTRACENTRA •STA SANITARY DISTRICT 5019 IMHOFF MINUTES* BOARD OF DIRECTORS: TAD J PILECKI President REGULAR BOARD MEETING DAVID R. WILLIAMS Board Room President Pro Tena Thursday, January 7, 2021 BARBARA D.HOCKETT 1:30m. MARIAHN LAURITZEN �' MICHAEL R.MCGILL 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 Pilecki at 1:30 p.m. Secretary of the District Katie Young called roll.- PRESENT oll:PRESENT(via videoconference): Members: Hockett, Lauritzen, McGill, Williams, Pilecki ABSENT. Members: None PLEDGE OF ALLEGIANCE Ms. Young recited the Pledge of Allegiance. PUBLIC COMMENT PERIOD President Pilecki stated that 2020 was a very challenging year for the District with the COVID-19 pandemic and protecting employees, customers, and Board Members. He stated that 2021 looks to be just as challenging, in a different way, with the continuation of the pandemic and implementing a return-to-work plan; the start of labor negotiations with the three different unions; consideration of rate increases, given the economic hardship in the community; large, important projects such as the Recycled Water Exchange and the Solids Handling Facility Improvements; and the finalization of maps for area-based These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. Book 69— Page 1 CENTRAL CONTRA COSTA SANITARY DISTRICT January 7, 2021 Board Meeting Minutes—Book 69-Page 2 elections, with an enhancement to increase public participation. He believes the overarching theme this year for the Board should be focused on communication and engagement with the General Manager and his executive management team, the employees, customers, and liaison cities. There were no comments from members of the public. REQUESTS TO CONSIDER MATTERS OUT OF ORDER None. AWARDS AND PRESENTATIONS 1. Adopt Resolution No. 2021-001 commending outgoing Board President Michael R. McGill for his service President Pilecki provided a summary of the major accomplishments achieved under the leadership of outgoing Board President McGill and expressed his sincere gratitude for a job well done. Member Hockett expressed her appreciation for the leadership of Member McGill given the challenges. Member Lauritzen commended Member McGill for the way in which he handled the obstacles associated with COVID-19. Member Williams expressed his gratitude for the job completed by Member McGill as President, always ensuring the Board Members had an opportunity to speak on pertinent issues. He said Member McGill did an extraordinary job as President during a very challenging year. Ms. Young noted that a revised resolution incorporating several minor changes was distributed prior to the meeting. The revised resolution was proposed for adoption. BOARD ACTION: Motion was made by Member Hockett and seconded by Member Williams to adopt the proposed resolution, as revised, commending outgoing Board President McGill for his service during 2020. Motion passed by the following roll call vote: AYES: Members: Hockett, Lauritzen, Williams, Pilecki NOES: Members: None ABSTAIN: Members: McGill 2. Receive Uptime Magazine award for Best Asset Management Program Plant Maintenance Division Manager Neil Meyer reviewed the presentation included with the agenda material. CENTRAL CONTRA COSTA SANITARY DISTRICT January 7, 2021 Board Meeting Minutes—Book 69-Page 3 Mr. Bailey personally thanked Mr. Meyer for heading up the program for the District and stated that he deserves credit for the development and progress of the asset management program. The Board Members commended Mr. Meyer on a job well done. BOARD ACTION: Received the award. CONSENT CALENDAR 3. Approve the following: a. December 17, 2020 Board meeting minutes 4. Approve expenditures incurred November 6, 2020 through December 3, 2020 5. Receive October 2020 Budget-to-Actual Financial Overview 6. Receive and approve 2021 Board Committee and other assignments — President- Elect Tad J. Pilecki 7. Adopt Resolution No. 2021-002 establishing the schedule of 2021 regular Board Standing Committee meetings 8. Adopt Resolution No. 2021-003 accepting a grant of easement for sewer purposes from Raymond Peter de la Cruz, as related to Job x1810, located in the City of Martinez, and authorizing staff to record documents with the Contra Costa County Recorder 9. Adopt Resolution No. 2021-004 authorizing execution of a real property agreement for the property located at 1560 Arbutus Drive in Walnut Creek, and authorizing staff to record documents with the Contra Costa County Recorder 10. Adopt Resolution No. 2021-005 authorizing execution of a real property agreement for the property located at 5 Hidden Lane in Orinda, and authorizing staff to record documents with the Contra Costa County Recorder 11. Adopt Resolution No. 2021-006 authorizing execution of a real property agreement for the property located at 2318 Tice Valley Boulevard in Walnut Creek, and authorizing staff to record documents with the Contra Costa County Recorder 12. Authorize the General Manager to execute amendments to provide on-call services for the Planning and Development Services Division to increase the following three existing professional engineering services agreements with: • Carollo Engineers, Inc. for an increase in the amount of $350,000, for a total agreement amount not to exceed $500,000; CENTRAL CONTRA COSTA SANITARY DISTRICT January 7, 2021 Board Meeting Minutes—Book 69-Page 4 • HDR, Inc. for an increase in the amount of $300,000, for a total agreement amount not to exceed $750,000; and • Woodard & Curran, Inc. for an increase in the amount of $75,000, for a total agreement amount not to exceed $750,000 At the request of Member Lauritzen, Item 6 was pulled from the Consent Calendar for discussion. BOARD ACTION: Motion was made by Member McGill and seconded by Member Williams to adopt Consent Calendar Items 3-5 and 7-12 as recommended. Motion passed by unanimous roll call vote. In regard to the Board liaison appointments proposed in Item 6, Member Lauritzen requested to be appointed as the Board liaison for Concord because that is where she resides. She believed it would be beneficial and more effective if she was a liaison in an area closer to home for the first year so she could focus on being a collaborative Board Member. Member McGill stated that it was not unusual to be assigned an area with no knowledge or experience and believes it presented a great opportunity. He said he was inclined to defer to the President's recommendations, which was consistent with past practice. Member Hockett opined that representing a new community offers a wonderful opportunity to learn more about the District and noted that liaison obligations can occupy as much or as little time as each Board Member desires. Member Williams agreed with Member McGill to defer to the President on the liaison assignments and stated that it would be a Board Member's personal preference on how much outreach they would like to do. With the District moving to area-based districts in two years, Member Lauritzen believed it would be beneficial for her to be the liaison to Concord. She expressed concern that there would be a major educational component if she were to represent the City of San Ramon and opined that a Board Member with more experience would be better able to address the questions of that community. She stated that she has developed relationships with some members of Concord's city council and believed she would represent the District well as liaison to Concord, or even Pleasant Hill. President Pilecki stated that the Board does not currently have a formal procedure on Committee and liaison assignments. Those decisions have been left to the discretion of the Board President. He noted that the topic will be added to the agenda for the upcoming Board Workshop, along with a discussion on developing procedures to elect the President and President Pro Tem. The Board liaison recommendations for 2021 were made to take into consideration roughly the same population for each Board Member. BOARD ACTION: Motion was made by Member McGill and seconded by Member Hockett to adopt Item 6 on the Consent Calendar as recommended. Motion passed by the following roll call vote: CENTRAL CONTRA COSTA SANITARY DISTRICT January 7, 2021 Board Meeting Minutes—Book 69-Page 5 AYES: Members: Hockett, McGill, Williams, Pilecki NOES: Members: Lauritzen ABSTAIN: Members: None COVID-19 PANDEMIC RESPONSE 13. Receive update on Central San's response regarding the Coronavirus (COVID-19) pandemic Communications and Governmental Relations Manager Emily Barnett reviewed the presentation distributed prior to the meeting. In response to a question from President Pilecki, Ms. Barnett stated that although the District has had eight positive COVID-19 cases, none of the cases were contracted at the District and no further employees have tested positive as a result of those eight individuals. Ms. Barnett stated that the General Manager sent a letter earlier in the day to the County Health Officer and Board of Supervisors requesting that District employees be moved into the Phase 1B category (currently water and wastewater employees are in Phase 1 C) as the District's plant maintenance, operators, and laboratory staff are essential employees. BOARD ACTION: Received the update. REPORTS AND ANNOUNCEMENTS 14. General Manager—Announcements — None. 15. Counsel for the District Due to audio difficulties at the last regular Board meeting, District Counsel Kent Alm re-stated his announcement pertaining to a Supreme Court hearing in Los Angeles County regarding business services payment of prevailing wages. Oral arguments were heard and there is a specific paragraph in the prevailing wage law that affects special districts. He provided the background on the case where an employee who was working on a sorting line owned by Los Angeles County Sanitation agency, which is governed by the same rules as wastewater agencies, outsourced the work of that facility to another organization. He noted that the attorney, on behalf of the employees of the contracted organization, asserted that they should have been paid prevailing wages. The position of the respondents (Los Angeles County Sanitation and other agencies) argued that the law, written in 1937, applies solely to public works construction projects. The position taken by the employees'attorney was that it applies to all forms of work performed for a special district, whether public works construction or otherwise. CENTRAL CONTRA COSTA SANITARY DISTRICT January 7, 2021 Board Meeting Minutes—Book 69-Page 6 Mr. Alm stated that at this time he does not know what the outcome will be, but he wanted to highlight that the ruling could change the way the 1937 provisions have been interpreted for many years. If the employees'position prevails, the District may have a number of contracts that potentially need to be re-bid, and it will increase the cost of those contracts. BOARD ACTION: Received the announcement. 16. Secretary of the District Ms. Young announced the following upcoming meetings: Real Estate, Environmental & Planning Committee — Monday, January 11 at 9:00 a.m. Administration Committee — Tuesday, January 12 at 9:00 a.m. Board Workshop — Thursday, January 14 at 1:00 p.m. Engineering & Operations Committee — Tuesday, January 19 at 11:00 a.m. BOARD ACTION: Received the announcements. 17. Board Members — Committee Minutes a. December 14, 2020 — Real Estate, Environmental & Planning Committee — Chair Pilecki and President McGill b. December 15, 2020 —Administration Committee — Chair Williams and President McGill C. December 15, 2020 — Finance Committee — Chair President McGill and Member Pilecki BOARD ACTION: Received the Committee minutes. 18. 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 Hockett - None. Member Lauritzen - None. Member McGill Member McGill provided a written report covering his announcements and other meetings. Member Williams - None. President Pilecki - None. BOARD ACTION: Received the reports and announcements. CENTRAL CONTRA COSTA SANITARY DISTRICT January 7, 2021 Board Meeting Minutes—Book 69-Page 7 19. 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 Mr. Bailey said there were no emergency situations but wanted to bring the Board up to date on a sewer disconnection situation on Pacheco Boulevard in Martinez involving three homes. He noted that all three homes are connected to one lateral. It appears that the downstream house recently severed the lateral which disconnected the two upstream homes, each of which experienced sewage discharge into their landscaping. He said staff was presenting options to Real Estate, Environmental & Planning Committee on Monday and perhaps at an upcoming Board meeting. REQUESTS FOR FUTURE AGENDA ITEMS 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 20. RECESS TO CLOSED SESSION The Board recessed at 2:36 p.m. to reconvene in closed session in the 3rd Floor Executive Conference Room. Closed Session (Not video recorded) CLOSED SESSION 20. Conference with labor negotiators pursuant to Government Code Section 54957.6 — Two Matters: District Negotiators: • Roger S. Bailey, General Manager • Kenton L. Alm, Esq., District Counsel • W. Daniel Clinton, Principal Counsel, Hanson Bridgett, Labor Counsel • Teji O'Malley, Human Resources and Organizational Development Manager CENTRAL CONTRA COSTA SANITARY DISTRICT January 7, 2021 Board Meeting Minutes—Book 69-Page 8 Employee Organizations: • Employees' Association, Public Employees Union, Local One • Management Support/Confidential Group (MS/CG) • Management Group RECESS TO OPEN SESSION The Board recessed at 4:38 p.m. to reconvene in open session in the Board Room. REPORT OUT OF CLOSED SESSION None. ADJOURNMENT The meeting was adjourned at 4:39 p.m. fi4 rb,& Tad J. Pilecki President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: 6 it, q6" Katie Young Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California