HomeMy WebLinkAboutBOARD MINUTES 05-20-21 CENTRAL SAN
CONTRACENTRAL • IMHOFF PLACE, MARTINEZ, CA 9A553-A392
MINUTES* BOARD OF DIRECTORS.-
TAD J PILECKI
President
REGULAR BOARD MEETING
DAVID R. WILLIAMS
Multi-Purpose Room Presiden t Pro Tent
Thursday, May 20, 2021 BARBARA D.HOCKETT
1:30m. MARIAHN LAURITZEN
p' MICHAEL R.MCGILL
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.
Book 69 — Page 99
CENTRAL CONTRA COSTA SANITARY DISTRICT
May 20, 2021 Regular Board Meeting Minutes - Book 69- Page 100
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
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May 20, 2021 Regular Board Meeting Minutes - Book 69- Page 101
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
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
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May 20, 2021 Regular Board Meeting Minutes - Book 69- Page 102
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
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May 20, 2021 Regular Board Meeting Minutes - Book 69- Page 103
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.
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May 20, 2021 Regular Board Meeting Minutes - Book 69- Page 104
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.
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May 20, 2021 Regular Board Meeting Minutes - Book 69- Page 105
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.
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May 20, 2021 Regular Board Meeting Minutes-Book 69-Page 106
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. MSN 12-1870
• 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
CENTRAL CONTRA COSTA SANITARY DISTRICT
May 20, 2021 Regular Board Meeting Minutes-Book 69-Page 107
COUNTERSIGNED:
�Agb"
Katie Young
Secretary of the District
Central Contra Costa Sanitary District
County of Contra Costa, State of California