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Home My WebLink AboutBOARD MINUTES 03-18-21 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, March 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, Williams, Pilecki ABSENT: Members: None PLEDGE OF ALLEGIANCE Ms. Young recited the Pledge of Allegiance. PUBLIC COMMENT PERIOD No comments. REQUESTS TO CONSIDER MATTERS OUT OF ORDER None. These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. Book 69 — Page 54 CENTRAL CONTRA COSTA SANITARY DISTRICT March 18, 2021 Board Meeting Minutes—Book 69-Page 55 CONSENT CALENDAR 1. Approve the following: a. March 4, 2021 Regular Board meeting minutes b. March 11, 2021 Special Board meeting minutes 2. Set public hearing for April 15, 2021 at 1:30 p.m. to conduct annual review of Board Member compensation and benefits and to consider amending District Code Section 2.04.030, "Compensation of Board Members" 3. Adopt Resolution No. 2021-016 authorizing execution of a real property agreement for the property located at 0 West Park Street in Martinez, and authorizing staff to record documents with the Contra Costa County Recorder BOARD ACTION: Motion was made by Member Williams and seconded by Member McGill to adopt the Consent Calendar as recommended. Motion passed by unanimous roll call vote. PUBLIC HEARINGS 4. Conduct a public hearing to receive public comment on and adopt Ordinance No. 315 (codified) amending District Code Chapters 1.04, 1.08, 1.16, 5.04, 5.08, 5.10, 5.12, 5.16, 6.12, 6.20, 6.24, 6.38, 7.02, 7.03, 7.04, 7.15, and 7.20, effective April 2, 2021. Senior Engineer Thomas Brightbill reviewed the presentation included with the agenda material, which also addressed Item 5 below. Member McGill appreciated the presentation and believes it will make the District's process easier and provide more flexibility for customers. He stated he was fully supportive of these amendments. Member Lauritzen inquired whether a toilet being separated by a bathroom door was considered a full bathroom. Mr. Brightbill responded that should the separation include a bathtub or handwashing station with the intention of being a bathroom and require plumbing changes, it would be considered a full bathroom. Mr. Brightbill described the basis for interest rates included on slide 14 in the presentation. He stated that the current rate is Local Agency Investment Fund (LAIF) plus one, or 6%. Staff has discussed that the rate is probably higher than it needs to be and worked with the Director of Finance and Administration to produce a more realistic rate. The current proposed rate would be 2.74% and updated each year. In response to a question from President Pilecki, Mr. Brightbill stated the District currently has approximately 15 active capacity fee agreements. CENTRAL CONTRA COSTA SANITARY DISTRICT March 18, 2021 Board Meeting Minutes—Book 69-Page 56 President Pilecki opened the public hearing. There being no comments, President Pilecki closed the hearing. The Board Members had no further comments. BOARD ACTION: Motion was made by Member Hockett and seconded by Member Lauritzen to adopt Ordinance No. 315 amending District Code Chapters 1.04, 1.08, 1.16, 5.04, 5.08, 5.10, 5.12, 5.16, 6.12, 6.20, 6.24, 6.38, 7.02, 7.03, 7.04, 7.15, and 7.20, effective April 2, 2021. Motion passed by unanimous roll call vote. 5. Conduct a public hearing to receive public comment on and approve proposed amendments to Exhibit A to Ordinance No. 309, an uncodified ordinance including the schedule of Capacity Fees, Rates and Charges for Fiscal Year 2020-21 , and to approve the interest rate charged for the Non-Residential Capacity Fee Installment Payment Program President Pilecki opened the public hearing. There being no comments, President Pilecki closed the hearing. The Board Members had no comments or questions. BOARD ACTION: Motion was made by Member Hockett and seconded by Member Williams to amend Exhibit A to uncodified Ordinance No. 309, including the schedule of Capacity Fees, Rates and Charges for Fiscal Year 2020-21, and to approve the interest rate charged for the Non-Residential Capacity Fee Installment Payment Program. Motion passed by unanimous roll call vote. COVID-19 PANDEMIC RESPONSE 6. Receive update on Central San's response regarding the Coronavirus (COVID-19) pandemic BOARD ACTION: Received the update. OTHER BOARD ACTION ITEMS 7. Discuss a request received from Anaergia Services for an option to lease a portion of the Kiewit property to develop a bio-energy project Director of Engineering and Technical Services Jean-Marc Petit reviewed the presentation included in the agenda material. In response to a question from Member Williams, Mr. Petit advised that upon completion of the feasibility study, staff would negotiate a lease and present it to the Board for consideration. Staff would review the study and determine any impacts to CENTRAL CONTRA COSTA SANITARY DISTRICT March 18, 2021 Board Meeting Minutes—Book 69-Page 57 Central San, including the terms and participation Central San will have with the potential of taking some of the sludge. General Manager Roger S. Bailey advised that the potential lease term would be for much longer than the normal ten-year term. District Counsel Kent Alm advised that there would need to be a public process before entering into a long-term lease. Member McGill stated that this item was heard at the Real Estate, Environment & Planning Committee (RESP) and the Committee strongly supported the proposal. Ms. Stacy Mitchum of Anaergia Services stated that after conversations with staff, Anaergia was only considering food waste at this stage. Mr. Alm clarified that the motion, if passed, would direct staff to enter into a one-year lease option to allow for investigation of a larger project, with no commitment to the project, as no California Environmental Quality Act (CEQA) has been completed. BOARD ACTION: Motion was made by Member McGill and seconded by Member Hockett to direct staff to support the project as proposed for a one- year lease option to evaluate the project, subject to all the limitations that were included in the proposal from Anaergia Services. Motion passed by unanimous roll call vote. LEGISLATIVE MATTERS 8. Receive update on pending legislative matters and provide direction on priority legislation Ms. Barnett reviewed Items 6, 8, 16, 17 and 18 on the Priority Legislative Tracking Sheet distributed prior to the meeting, explaining the reasons for the positions recommended by staff. BOARD ACTION: Motion was made by Member Hockett and seconded by Member McGill to take the staff-recommended positions on Items 6, 8, 16, 17, and 18, as indicated on the Priority Legislative Tracking Sheet dated March 17, 2021. Motion passed by unanimous roll call vote. REPORTS AND ANNOUNCEMENTS 9. General Manager— Reports a. Receive annual update on Central San's Pollution Prevention Program Senior Environmental Compliance Inspector Colleen Henry reviewed the presentation included with the agenda material. President Pilecki acknowledged staff for all the tremendous, award winning programs the District has accomplished over the years. CENTRAL CONTRA COSTA SANITARY DISTRICT March 18, 2021 Board Meeting Minutes—Book 69-Page 58 BOARD ACTION: Received the update. b. Receive Safety Program 2020 Annual Report Safety Officer Jerry Ledbetter reviewed the presentation included with the agenda material. Member Hockett inquired about the employees who had positive COVID-19 results and their current conditions. Mr. Ledbetter stated that all the employees have recovered and subsequently have tested negative. BOARD ACTION: Received the report. 10. General Manager—Announcements a. Announcements — March 18, 2021 1) Central San Academy to be held virtually on April 21 and 22, 2021 2) Central San welcomes new Internal Auditor Benjamin Johnson 3) Central San welcomes new Environmental Compliance Inspector I Robert "Drew" Hinkson 4) Central San says goodbye to Assistant to the Secretary of the District Donna Anderson Mr. Bailey expressed his sincere appreciation to Ms. Anderson for the exceptional services she rendered to the District over the last ten years. He wished her all the best in her retirement on March 30. BOARD ACTION: Received the announcements. 11. Counsel for the District a. Report out on Board action taken during Closed Session at March 4 Regular Board meeting and March 11, 2021 Special Board meeting District Counsel Kent Alm stated that no reportable action was taken during either of the referenced Closed Sessions. BOARD ACTION: Received the report. CENTRAL CONTRA COSTA SANITARY DISTRICT March 18, 2021 Board Meeting Minutes—Book 69-Page 59 12. Secretary of the District Ms. Young announced the following upcoming meetings: • Engineering & Operations Committee — Tuesday, March 23 at 11:00 a.m. • Finance Committee — Tuesday, March 23 at 2:00 p.m. • Board Financial Workshop — Thursday, March 25 at 1:00 p.m. • Engineering & Operations Committee — Tuesday, March 30 at 11:00 a.m. BOARD ACTION: Received the announcements. 13. Board Members — Committee Minutes a. March 8, 2021 — Real Estate, Environmental & Planning Committee — Chair McGill and Member Hockett b. March 9, 2021 — Administration Committee — Chair Williams and President Pilecki 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 Hockett • February 24, 2021 — Mandatory Harassment Prevention Training (virtual, stipend) Member Lauritzen • March 11, 2021 — Mandatory Harassment Prevention Training (virtual, stipend) Member McGill • March 4, 2021 — Contra Costa County Mayors' Conference (virtual, no cost) • March 15-25, 2021 — 2021 WateReuse Annual Conference (virtual, expenses) Member McGill also 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 March 18, 2021 Board Meeting Minutes—Book 69-Page 60 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 16. Continuation of immediate sewer replacement at EI Toyonal in Orinda Capital Projects Division Manager Edgar Lopez reviewed the presentation distributed prior to the meeting. Due to audio complications, Member Williams was unable to participate in the vote on this item. BOARD ACTION: Motion was made by Member McGill and seconded by Member Hockett to continue the emergency. Motion passed by the following roll call vote: AYES: Members: Hockett, Lauritzen, McGill, Pilecki NOES: Members: None ABSENT: Members: Williams 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 Items 17 and 18. President Pilecki announced that he would recuse himself from Item 17. RECESS TO CLOSED SESSION The Board recessed at 3:11 p.m. to reconvene in closed session. Closed Session (Not video recorded) CLOSED SESSION 17. 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 CENTRAL CONTRA COSTA SANITARY DISTRICT March 18, 2021 Board Meeting Minutes—Book 69-Page 61 18. 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 Employeeganizations: • Employees' Association, Public Employees Union, Local One • Management Support/Confidential Group (MS/CG) • Management Group RECESS TO OPEN SESSION The Board recessed at 5:22 p.m. to reconvene in open session. REPORT OUT OF CLOSED SESSION No reportable action was taken. ADJOURNMENT The meeting was adjourned at 5:23 p.m. Tad J. Pilecki President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: �A, gb" Katie Young Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California