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HomeMy WebLinkAbout01.a. Approve minutes of meeting held 05-20-21 Page 1 of 10 Item 1.a. CENTRALSAN jdf A- hom CENTRAL CONTRA COSTA SANITARY DISTRICT June 3, 2021 TO: HONORABLE BOARD OF DIRECTORS FROM: KATIE YOUNG, SECRETARYOF THE DISTRICT SUBJECT: MAY 20, 2021 REGULAR BOARD MEETING MINUTES Attached are the draft minutes of the above Board meeting. ATTACHMENTS: 1. Draft Minutes of 05-20-21 meeting June 3, 2021 Regular Board Meeting Agenda Packet- Page 7 of 646 Page 2 of 10 CENTRAL SAN CENTRAL •NTRA COSTA SANITARY DISTRICT 5019 • MINUTES* BOARD OF DIRECTORS: TAD J.PILECKI President REGULAR BOARD MEETING DAVID R. WILLIAMS Multi-Purpose Room President Pro Tem Thursday, May 20, 2021 BARBARA D.HOCKETT 1.30m. MARIAH N LAURITZEN p' MICHAEL R.MCGILL 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 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. June 3, 2021 Regular Board Meeting Agenda Packet- Page 8 of 646 Page 3 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT May 20, 2021 Regular Board Meeting Minutes- Page 2 AWARDS AND PRESENTATIONS 1. Presentation by Melanie Quan, 12th grader at Las Lomas High School in Walnut Creek, winner of the Contra Costa County Science and Engineering Fair - Excellence in Water, Wastewater and Recycled Water Research Award: • First Place, Senior Division: "Analysis of Plastic Pellet Distribution Using Citizen Science Nurdle Patrol Data and Batch Identification to Differentiate Spills Within Samples" Communication and Intergovernmental Relations Manager Emily Barnett proudly introduced First Place winner of the Contra Costa County Science and Engineering Fair Ms. Quan who provided an intriguing and impressive presentation, included in the agenda material. Ms. Quan answered several questions from the Board Members and received a round of applause from the Board and audience. BOARD ACTION: Received the presentation. 2. Receive the California Water Environment Association (CWEA), San Francisco Bay Section, 2020 award for Community Engagement and Outreach Project of the Year Ms. Barnett stated that the virtual treatment plant tour has already outreached to nine-times more individuals than other outreach platforms. Thus far, 4,000 people have taken the virtual tour, another 500 people have been reached via classroom, community groups, and live Question-and-Answer(Q&A) sessions. She acknowledged the Communications Division team, as well as Senior Engineer Dan Frost and Associate Engineer Amanda Cauble for their engineering support and participation in the Q&A sessions. Lastly, she thanked the Board Members for their continued support of such educational and outreach programs. BOARD ACTION: Received the award. CONSENT CALENDAR 3. Approve the following: a. May 6, 2021 Board meeting minutes b. May 10, 2021 Board meeting minutes 4. Adopt recommendation of the arbitrator in response to the grievance filed by Public Employees' Union, Local #1 related to the application of administrative leave pay 5. Adopt new Board Policy BP 047 - Deferred Compensation Plan 6. Adopt Resolution No. 2021-024 approving updates to the District's Conflict of Interest Code and directing the Secretary of the District to submit the updated June 3, 2021 Regular Board Meeting Agenda Packet- Page 9 of 646 Page 4 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT May 20, 2021 Regular Board Meeting Minutes - Page 3 Conflict of Interest Code to the Contra Costa County Board of Supervisors for approval 7. Adopt Resolution No. 2021-025 accepting a grant of easement from Mount Diablo Unified School District for recycled water purposes; and Resolution No. 2021- 026 accepting irrevocable offers of dedications from Contra Costa County and City of Pleasant Hill, authorizing execution of quitclaim deed to City of Pleasant Hill, or current property owner at time of recording, for sanitary sewer purposes; and authorize staff to record the documents with the Contra Costa County Clerk- Recorder 8. Approve replacing a vacant Control Systems Technician position (G-71 , $4,166- $5,045 bi-weekly) with a Utility Systems Engineer position (S-79, $5,066-$6,124 bi- weekly) 9. Authorize the General Manager to amend an existing professional engineering services agreement with McMillen Jacobs Associates in an amount not to exceed $50,000, increasing the contract cost ceiling to $300,000 to support the South Orinda Sewer Renovations, Phase 8, District Project 8461 BOARD ACTION: Motion was made by Member Hockett and seconded by Member McGill to adopt the Consent Calendar as recommended. Motion passed by unanimous roll call vote. PUBLIC HEARINGS 10. Conduct a public hearing to receive comments to adopt Resolution No. 2021- 027 declaring District-owned properties commonly known as "Lagiss," "County Quarry," and the "Triangle" as currently unneeded for District purposes, and authorizing the General Manager or his designee to execute and administer lease agreements for the properties with terms not to exceed ten years Planning & Development Services Manager Danea Gemmell reviewed the presentation included in the agenda material. President Pilecki opened the public hearing; there being no public comment, the hearing was immediately closed. BOARD ACTION: Conducted the public hearing. Motion was made by Member McGill and seconded by Member Hockett to adopt the proposed resolution to declare the subject properties as unneeded and authorize property lease agreements with terms not to exceed ten years. Motion passed by unanimous roll call vote. COVID-19 PANDEMIC RESPONSE 11. Receive update on Central San's response regarding the Coronavirus (COVID-19) pandemic June 3, 2021 Regular Board Meeting Agenda Packet- Page 10 of 646 Page 5 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT May 20, 2021 Regular Board Meeting Minutes- Page 4 Ms. Barnett discussed the investigation of the first possible employee-to-employee COVID-19 transmission. She discussed the recent news reports on the Center for Disease and Control (CDC) guideline updates regarding masks and social distancing and reminded the Board that state mandates are more restrictive and superseded CDC guidelines. Central San is required to follow CaIOSHA guidelines, which may not align with the Governor's June 15 target date and could remain at a more stringent guidance level. BOARD ACTION: Received the update. LEGISLATIVE MATTERS 12. Receive update on pending legislative matters and provide direction on priority legislation Ms. Barnett provided an update on key matters listed on the Central San 2021 Priority Legislative Tracking Sheet dated May 19, 2021, provided in advance of the meeting. She provided information on Assembly Bill (AB) 818 (Item 4), the status of AB 377 (Item 8) and an update on Senate Bill (SB) 594. She stated staff is recommending and seeking Board agreement of a Support position for the following two items: Trailer bills pertaining to the Federal/State American Rescue Plan (Item 22) and HR 3218— Wastewater Infrastructure Improvement Act of 2021 (Item 23). BOARD ACTION: Motion was made by Member McGill and seconded by Member Lauritzen to support staff's position for Items 22 and 23, as indicated on the Priority Legislative Tracking Sheet dated May 20, 2021. Motion passed by unanimous roll call vote. REPORTS AND ANNOUNCEMENTS 13. Receive proposed Central San Fiscal Year 2021-22 Budget for the following funds: • Operations and Maintenance (O&M) • Capital Improvement • Self-Insurance • Debt Service General Manager Roger S. Bailey introduced the proposed Fiscal Year 2021-22 Budget for review that was included in the agenda material. He believes that the budget meets the objectives set by the Board, followed its basic guiding principles, control costs, and provides a relatively flat O&M budget over the current fiscal year's budget. He acknowledged the efforts of the many people involved and thanked the managers for their participation. In particular, he extended his sincere appreciation for the diligence and patience of Director of Finance and Administration Philip Leiber and Finance Manager Kevin Mizuno who worked tirelessly on the budget. Mr. Bailey stated it is difficult to prepare the budget content on an annual basis; however, this June 3, 2021 Regular Board Meeting Agenda Packet- Page 11 of 646 Page 6 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT May 20, 2021 Regular Board Meeting Minutes - Page 5 effort was intensified with challenges faced with the transition to the new Enterprise Resource Planning (ERP) system and the COVID-19 pandemic work environment. Mr. Leiber and Mr. Mizuno reviewed the presentation included with the agenda material regarding the eight Strategic Priorities, Source of Funds, Sewer Service Charge Rates and Revenues, Other Post-Employment Benefits (OPEB) Pay-Go Exceeding Actuarially Defined Contribution (ADC), Operations and Maintenance, Self-Insurance, Debt Service and Reserve Balance Projections portions of the proposed Budget, and answered several questions from the Board Members. Mr. Leiber advised the Board that staff has planned upfront to contribute to the rate stabilization account as related to the unfunded actuarily accrued liabilities (UAAL) paydown, which is a complex flow of funds that provides the most flexibility but is not shown in this budget. Therefore, he anticipates a budget revision will be provided to the Board for consideration this July to incorporate all pertinent updates related to the aforementioned, new developments pertaining to prevailing wage contracts, as well as State Revolving Fund (SRF) loan and Certificates of Participation (COP) bond figures. Capital Projects Division Manager Edgar Lopez reviewed the presentation included with the agenda material regarding the capital improvement portion of the proposed Budget. The Board commended Mr. Bailey and staff for consistently meeting the objectives of the Board and ensuring another year of a flat O&M budget; the track record of the General Manager and staff is outstanding. BOARD ACTION: Received the proposed Central San Budget for Fiscal Year 2021-22. 14. General Manager— Announcements a. Announcements — May 20, 2021 There were no announcements. 15. Counsel for the District a. Report out on Board action taken during Closed Session at May 6, 2021 Regular Board Meeting, and May 10, 2021 Special Board Meeting District Counsel Kenton L. Alm stated that although there was nothing of material to report out from the May 6 and May 10 closed sessions, he noted a negotiator, Ms. Molly Kaban, Esq. with Hanson Bridgett was selected. The consultant interviews and ultimate selection were conducted in closed session. BOARD ACTION: Received the report. June 3, 2021 Regular Board Meeting Agenda Packet- Page 12 of 646 Page 7 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT May 20, 2021 Regular Board Meeting Minutes- Page 6 16. Secretary of the District Ms. Young announced the following upcoming Board and Committee meetings: Special Board Meeting (Closed Session) — Monday, May 24 at 2:00 p.m. Finance— Tuesday, May 25 at 2:00 p.m. Engineering & Operations— Tuesday, June 1 at 11:00 a.m. BOARD ACTION: Received the announcements. 17. Board Members — Committee Minutes a. May 3, 2021 — Real Estate, Environmental & Planning Committee — Chair McGill and Member Hockett b. May 4, 2021 —Administration Committee — Chair Williams and President Pilecki C. May 11, 2021 — Engineering & Operations Committee — Chair Williams and Member Lauritzen 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 • May 11, 2021 - Contra Costa Special Districts Association (CCSDA) Anniversary Event Ad Hoc Committee Meeting (virtual, stipend) • May 17, 2021 - California Special Districts Association (CCSDA) Chapter Meeting (virtual, no stipend) • May 17, 2021 - City of Lafayette, City Council: 2021 Wildfire Preparedness and Response (virtual, no stipend) • May 18-19, 2021 - 2021 Special Districts Legislative Days (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. June 3, 2021 Regular Board Meeting Agenda Packet- Page 13 of 646 Page 8 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT May 20, 2021 Regular Board Meeting Minutes - 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. a. Consider Member McGill's request for reimbursement of $273 annual membership renewal fee for California Public Employers Labor Relations Association (CALPELRA) BOARD ACTION: Motion was made by Member Hockett and seconded by Member Williams to authorize Member McGill's request for reimbursement of $273 for the annual CALPELRA membership renewal fee. Motion passed by unanimous roll call vote. EMERGENCY SITUATIONS 20. Receive update to determine whether to continue or terminate the immediate sewer replacement situation at EI Toyonal in Orinda Mr. Lopez recommended the emergency situation be closed and stated all invoices have now been received. The project cost to date is approximately $406,000, which includes design, construction, inspection, and permit fees. The approved budget was $450,000; therefore, the remaining funds will be returned to the contingency fund. BOARD ACTION: Motion was made by Member Hockett and seconded by Member McGill to terminate the emergency. Motion passed by unanimous vote. Member McGill advised that he was meeting with City of Orinda's Mayor and City Manager tomorrow and appreciated the update. 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 21 and 22. RECESS TO CLOSED SESSION The Board recessed at 3:51 p.m. to reconvene in closed session. June 3, 2021 Regular Board Meeting Agenda Packet- Page 14 of 646 Page 9 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT May 20, 2021 Regular Board Meeting Minutes- Page 8 Closed Session (Not video recorded) CLOSED SESSION 21. 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 • Molly Kaban, Esq., Hanson Bridgett Employee Organizations: • Employees' Association, Public Employees Union, Local One • Management Support/Confidential Group (MS/CG) • Management Group 22. Conference with Legal Counsel - Existing Litigation - pursuant to Government Code Section 54956.9(d)(1): • Contra Costa County Deputy Sheriffs Association, et al. v. Contra Costa County Employees'Retirement Association (CCCERA), et al., Contra Costa County Superior Court Case No. MSN12-1870 • Public Employees Union, Local No. 1, et al. v. Contra Costa County Employees' Retirement Association, et al., Contra Costa County Superior Court Case No. MSN14-1221 RECESS TO OPEN SESSION The Board recessed at 5:10 p.m. to reconvene in open session. REPORT OUT OF CLOSED SESSION None. ADJOURNMENT The meeting was adjourned at 5:11 p.m. Tad J. Pilecki President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California June 3, 2021 Regular Board Meeting Agenda Packet- Page 15 of 646 Page 10 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT May 20, 2021 Regular Board Meeting Minutes - Page 9 COUNTERSIGNED: Katie Young Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California June 3, 2021 Regular Board Meeting Agenda Packet- Page 16 of 646