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Home My WebLink AboutBOARD MINUTES 02-18-21 CENTRAL SAN CONTRACENTRAL • IMHOFF PLACE, MARTINEZ, CA 9A553-A392 MINUTES* BOARD OF DIRECTORS.- TAD J PILECKI President REGULAR BOARD MEETING DAVID R. WILLIAMS Board Room Presiden t PYO Tent Thursday, February 18, 2021 BARBARA D.HOCKETT 1:30m. MARIAHN LAURITZEN p' 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(via videoconference): Members. Hockett, Lauritzen, McGill, Pilecki ABSENT: Members: Williams PLEDGE OF ALLEGIANCE Ms. Young recited the Pledge of Allegiance. PUBLIC COMMENT PERIOD No comments. REQUESTS TO CONSIDER MATTERS OUT OF ORDER General Manager Rogers S. Bailey requested Item 20 be heard immediately following the Consent Calendar. These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. Book 69 — Page 32 CENTRAL CONTRA COSTA SANITARY DISTRICT February 18, 2021 Board Meeting Minutes—Book 69-Page 33 AWARDS AND PRESENTATIONS 1. Receive the National Association of Clean Water Agencies (NACWA) 2019 Peak Performance Award - Platinum 22 Plant Operations Division Manager Alan Weer presented the NACWA Peak Performance Award. BOARD ACTION: Received the award. 2. Receive the 2020 Excellence in Information Technology (IT) Practices Award and the 2020 Presidents Award from Municipal Information Systems Association of California (MISAC) Mr. Hong Sae, MISAC Board President presented the awards. BOARD ACTION: Received the awards. CONSENT CALENDAR 3. Approve the following: a. February 4, 2021 Board meeting minutes 4. Set two separate public hearings for March 18, 2021 at 1:30 p.m. to receive comments on (1) proposed updates to various sections of the District Code, and (2) amending Exhibit A to Ordinance No. 309 to address the related changes to the "Schedule of Capacity Fees, Rates, and Charges" 5. Adopt Resolution No. 2021-010 authorizing execution of a real property agreement for property located at 249 Castle Crest Road in Alamo, and authorizing staff to record documents with the Contra Costa County Recorder 6. Adopt Resolution No. 2021-011 accepting a grant of easement at 343 Strand Avenue in Pleasant Hill as related to District Project 390, and authorizing staff to record documents with the Contra Costa County Recorder 7. Reclassify a Senior Administrative Technician position and current incumbent Cindy Granzella to a Human Resources Analyst and adopt the salary range of S72 ($4,289.86 — $5,193.29 bi-weekly) BOARD ACTION: Motion was made by Member McGill and seconded by Member Hockett to adopt the Consent Calendar as recommended. Motion passed by unanimous roll call vote of the Board Members present. [4-0-1; Williams absent.] CENTRAL CONTRA COSTA SANITARY DISTRICT February 18, 2021 Board Meeting Minutes—Book 69-Page 34 OTHER BOARD ACTION ITEMS 8. Adopt Resolution No. 2021-012 to include two additional classifications as part of the unrepresented at-will employees' group and rescind Resolution No. 2020-058 This item was heard immediately following Item 20. President Pilecki stated that he would be voting no on this item because he did not support providing the Internal Auditor position with 80 hours of administrative leave and strongly believed it would send the wrong message to the District's Management Group, all of whom are also at-will employees. BOARD ACTION: Motion was made by Member Hockett and seconded by Member Lauritzen to adopt Resolution No. 2021-012 to include the positions of Director of Operations and Internal Auditor to the unrepresented at-will employees' group and rescind Resolution No. 2020-058. Motion passed by the following roll call vote: AYES: Members: Hockett, Lauritzen, McGill NOES: Members: Pilecki ABSENT: Members: Williams 9. Adopt Resolution No. 2021-013 establishing a new two-year pilot Septic-to-Sewer (S2S) Financing Program effective March 1 , 2021 to encourage property owners to abandon their septic tanks and connect to the sewer system to protect public health and the environment Planning and Development Services Division Manager Danea Gemmell reviewed the presentation included with the agenda material. There was a discussion regarding the cap on the amount allowed to be financed. The concern was raised that a cap might deter customers from participating in the program. Member McGill moved to adopt the Program as recommended by staff but with the $50,000 financing cap removed. The motion failed for lack of a second. In response to a question from Member McGill regarding outreach, Ms. Gemmell stated that those parcels which are not currently connected to the District's sewer system will be provided a brochure with information regarding the financing program and that it would be on a first-come, first-served basis as a means of providing an incentive to participate in the program. Member Lauritzen moved the staff recommendation but with a provision to review the program in one year to revisit the question of whether to remove the financing cap. CENTRAL CONTRA COSTA SANITARY DISTRICT February 18, 2021 Board Meeting Minutes—Book 69-Page 35 BOARD ACTION: Motion was made by Member Lauritzen and seconded by Member McGill to move the staff recommendation and adopt Resolution No. 2021-013 establishing a new two-year pilot Septic-to-Sewer (S2S) Financing Program effective March 1, 2021 to encourage property owners to abandon their septic tanks and connect to the sewer system to protect public health and the environment, and to review the Program in one year to consider whether to remove the financing cap. Motion passed by unanimous roll call vote of the Board Members present. [4-0-1; Williams absent.] 10. Receive update and announce the advertisement for bidding of the Solids Handling Facility Improvements, District Project 7348; and authorize the General Manager to amend two existing professional engineering services agreements to include as- needed support services with: • MWH Constructors, Inc. in an amount not to exceed $150,000, increasing the agreement cost ceiling to $1.1 million; and • ArcSine Engineering in an amount not to exceed $250,000, increasing the agreement cost ceiling to $975,000 Director of Engineering and Technical Services Jean-Marc Petit and Capital Projects Division Manager Edgar Lopez reviewed the presentation included with the agenda materials. BOARD ACTION: Motion was made by Member Hockett and seconded by Member McGill to authorize the General Manager to amend two existing professional engineering services agreements to include as-needed support services for the Solids Handling Facility Improvements, District Project 7348, with: • MWH Constructors, Inc. in an amount not to exceed $150,000, increasing the agreement cost ceiling to $1.1 million; and • ArcSine Engineering in an amount not to exceed $250,000, increasing the agreement cost ceiling to $975,000. Motion passed by unanimous roll call vote of the Board Members present. [4-0-1; Williams absent.] 11. Authorize plan for the celebration of Central San's 75t' Anniversary Communications and Governmental Relations Manager Emily Barnett reviewed the proposed plans as outlined in the Position Paper and shared a virtual event website as an example. She responded to questions and comments from the Board Members. President Pilecki requested the motion also include staff recognition of the occasion as mentioned in the Financial Impacts section of the Position Paper. CENTRAL CONTRA COSTA SANITARY DISTRICT February 18, 2021 Board Meeting Minutes—Book 69-Page 36 BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Hockett to authorize staff to proceed with planning a virtual event as described in celebration of Central San's 75th Anniversary, including the recognition for employees. Motion passed by unanimous roll call vote of the Board Members present. [4-0-1; Williams absent.] COVID-19 PANDEMIC RESPONSE 12. Receive update on Central San's response regarding the Coronavirus (COVID-19) pandemic Ms. Barnett advised that, as a community, the COVID numbers were substantively lower and moving in a positive direction, and that no new COVID-19 infections have occurred at the District. She noted that, unfortunately, there continues to be a shortage of vaccinations. BOARD ACTION: Received the update. LEGISLATIVE MATTERS 13. Receive update on pending legislative matters and provide direction on priority legislation Ms. Barnett reviewed the Priority Legislative Tracking Sheet included with the agenda materials. Environmental and Regulatory Compliance Division Manager Lori Schectel provided a broad overview of Assembly Bill (AB) 377 and answered questions from the Board. President Pilecki asked Ms. Barnett to provide the Board with information regarding AB 339. Ms. Barnett responded that staff is currently reviewing the bill and will provide more information at a future meeting. BOARD ACTION: Motion was made by Member McGill and seconded by Member Hockett to support all 11 staff recommendations as indicated on the Priority Legislative Tracking Sheet as of February 9, 2021. Motion passed by the following roll call vote: AYES: Members: Hockett, McGill, Pilecki NOES: Members: Lauritzen ABSENT: Members: Williams Ms. Barnett mentioned that the Board has an opportunity to change its position at any time as bills may change in their progression. CENTRAL CONTRA COSTA SANITARY DISTRICT February 18, 2021 Board Meeting Minutes—Book 69-Page 37 REPORTS AND ANNOUNCEMENTS 14. General Manager—Announcements a. Announcements — February 18, 2021 1) Update on sewer lateral disconnection at 2357, 2367, and 2369 Pacheco Boulevard in Martinez No further announcements were made during the meeting. BOARD ACTION: Received the announcements. 15. Counsel for the District a. Report out on any Board action taken during Closed Session at February 4, 2021 Board meeting District Counsel Kent Alm stated that no reportable action was taken during the referenced Closed Session. BOARD ACTION: Received the report. 16. Secretary of the District Ms. Young announced the following upcoming Committee meetings.- Real eetings.Real Estate, Environmental & Planning — Monday, February 22 at 9:00 a.m. Engineering & Operations — Tuesday, February 23 at 11:00 a.m. Finance — Tuesday, February 23 at 2.00 p.m. BOARD ACTION: Received the announcements. 17. Board Members — Committee Minutes a. February 2, 2021 — Administration Committee — Chair Williams and President Pilecki b. February 3, 2021 — Finance Committee — Chair Pilecki and Member McGill C. February 8, 2021 — Real Estate, Environmental & Planning Committee — Chair McGill and Member Hockett d. February 9, 2021 — Engineering & Operations Committee — Chair Williams and Member Lauritzen BOARD ACTION: Received the Committee minutes. CENTRAL CONTRA COSTA SANITARY DISTRICT February 18, 2021 Board Meeting Minutes—Book 69-Page 38 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 — No report. Member Lauritzen — No report. Member McGill • February 4, 2021 — Contra Costa County Mayors' Conference (virtual, no cost) • February 11, 2021 - Board Liaison event: Lafayette Mayor's State of the City Address (virtual, no cost) Member McGill also provided a written report covering his announcements and other meetings. Member Williams —Absent. • February 9, 2021 — Board Liaison event: Walnut Creek State of the City 2021 (virtual, no cost) President Pilecki — No report. BOARD ACTION: Received the reports and announcements. 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 20. Approve a contingency project in the amount of $450,000 for the EI Toyonal Sewer Replacement Project; adopt Resolution No. 2021-014 making findings and authorizing the General Manager under Public Contract Code Section 22050 (b) to execute a construction contract change order in the amount of $338,000 with Pacific Trenchless, Inc.; and find that the project is exempt from the California Environmental Quality Act (CEQA) This item was taken out of order and heard directly following the Consent Calendar. Mr. Lopez reviewed the presentation included with the agenda material. Mr. Alm explained that it was a discretionary call on his part to agendize this matter as an emergency item due to the amount of the change order. CENTRAL CONTRA COSTA SANITARY DISTRICT February 18, 2021 Board Meeting Minutes—Book 69-Page 39 BOARD ACTION: Motion was made by Member McGill and seconded by Member Hockett to approve a contingency project in the amount of $450,000 for the EI Toyonal Sewer Replacement Project; adopt Resolution No. 2021- 014 making findings and authorizing the General Manager under Public Contract Code Section 22050 (b) to execute a construction contract change order in the amount of $338,000 with Pacific Trenchless, Inc.; and find that the project is exempt from the California Environmental Quality Act (CEQA). Motion passed by unanimous roll call vote of the Board Members present. [4-0-1; Williams absent.] REQUESTS FOR FUTURE AGENDA ITEMS None. ANNOUNCE CLOSED SESSION (pursuant to Government Code Section 54957.7) Mr. Alm announced that a closed session would be held for Item 22 and that Item 21 will be held at a future meeting. RECESS TO CLOSED SESSION The Board recessed at 3:27 p.m. to reconvene in closed session. Closed Session (Not video recorded) CLOSED SESSION 21. Conference with Legal Counsel — existing litigation pursuant to Government Code Section 54956.9(d)(1): • Kappel v. Central Contra Costa Sanitary District, et al., Contra Costa County Superior Case No. C19-01012 This item was postponed to a future meeting. 22. Conference with labor negotiators pursuant to Government Code Section 54957.6: District Negotiators: • Roger S. Bailey, General Manager • Kenton L. Alm, Esq., District Counsel • Teji O'Malley, Human Resources and Organizational Development Manager Employee Organizations: • Employees' Association, Public Employees Union, Local One • Management Support/Confidential Group (MS/CG) • Management Group CENTRAL CONTRA COSTA SANITARY DISTRICT February 18, 2021 Board Meeting Minutes—Book 69-Page 40 RECESS TO OPEN SESSION The Board recessed at 4:40 p.m. to reconvene in open session. REPORT OUT OF CLOSED SESSION None. ADJOURNMENT The meeting was adjourned at 4:41 p.m. Tad J. Pilecki President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: 6ht, gb" Katie Young Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California