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HomeMy WebLinkAbout02.a. Approve minutes of meeting held 07-15-21 Page 1 of 11 Item 2.a. CENTRALSAN jdf A- hom CENTRAL CONTRA COSTA SANITARY DISTRICT August 5, 2021 TO: HONORABLE BOARD OF DIRECTORS FROM: KATIE YOUNG, SECRETARYOF THE DISTRICT SUBJECT: JULY 15, 2021 REGULAR BOARD MEETING MINUTES Attached are the draft minutes of the above Board meeting. ATTACHMENTS: 1. Draft Minutes of 07-15-21 meeting August 5, 2021 Regular Board Meeting Agenda Packet- Page 29 of 262 Page 2 of 11 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, July 15, 2021 BARBARA D.HOCKETT 1.30m. MARIAH N LAURITZEN p' MICHAEL R.MCGILL DRAFT Open Session — Multi-Purpose Room (Video recorded) NOTICE This meeting was held 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. Some Board Members attended the meeting in-person and some participated via videoconference. 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.- Members: Hockett, Lauritzen, McGill, Williams, Pilecki ABSENT. Members: None PLEDGE OF ALLEGIANCE The Board, staff and audience joined in 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. August 5, 2021 Regular Board Meeting Agenda Packet- Page 30 of 262 Page 3 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT July 15, 2021 Board Meeting Minutes -Page 2 CONSENT CALENDAR 1. Approve the following: a. July 1 , 2021 Regular Board meeting minutes 2. Approve revisions to Board Policy BP 039 - Internal Audit Function 3. Authorize the General Manager to execute Amendment No. 3 to extend the termination date for one year to June 30, 2022, for the Memorandum of Understanding between Central San, Contra Costa Water District, and Santa Clara Valley Water District for a preliminary feasibility evaluation of the Refinery Recycled Water Exchange Project 4. Confirm publication of uncodified District Ordinance No. 317 summary 5. Replace a vacant Information Technology (IT) Supervisor position (S-82, $5,558 - $6,717 bi-weekly) with a Project Manager / Business Analyst Position (S-83, $5,691 - $6,882 bi-weekly) 6. Award a construction contract in the amount of $9,594,300 to Auburn Constructors, LLC, the lowest responsive and responsible bidder for the Electric Blower Improvements, DP 100015 and Treatment Plant Piping Renovations, Phase 10, DP 7369; find these projects are exempt from the California Environmental Quality Act; and authorize the General Manager to execute the contract, subject to contractor compliance with submittal requirements, and: • Amend two existing agreements with 1) HDR, Inc. in the amount of $450,000, increasing the cost ceiling to $3,920,000, and 2) Lee & Ro, Inc. in the amount of $300,000, increasing the cost ceiling to $800,000; and • Execute a professional engineering services agreement in an amount not to exceed $800,000 with Carollo Engineers, Inc. to provide construction management services BOARD ACTION: Motion was made by Member McGill and seconded by Member Williams to adopt the Consent Calendar as recommended. Motion passed by unanimous roll call vote. PUBLIC HEARINGS 7. Conduct a public hearing to consider placing the following charges for Fiscal Year (FY) 2021-22 on the Contra Costa County tax roll for collection: • Sewer Service Charges • Assessments for Contractual Assessment Districts and Alhambra Valley Assessment Districts • Charges for other fee installment payment programs Resolution No. 2021-035 for adoption August 5, 2021 Regular Board Meeting Agenda Packet- Page 31 of 262 Page 4 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT July 15, 2021 Board Meeting Minutes -Page 3 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 Hockett and seconded by Member McGill to adopt Resolution No. 2021-035. Motion passed by unanimous roll call vote. COVID-19 PANDEMIC RESPONSE AND OTHER BOARD ACTION ITEMS 8. Receive update on Central San's response regarding the Coronavirus (COVID-19) pandemic Communication Services and Intergovernmental Relations Manager Emily Barnett reviewed the presentation provided in advance of the meeting and noted the presentation covered Items 8 and 9. She informed the Board that the Permit Counter has resumed to in-person customer service as of Monday, July 12. There were no questions from the Board Members BOARD ACTION: Received the update. 9. Receive overview and hold discussion regarding Return to Office and Cal/OSHA Regulations related to the COVID-19 pandemic response, and provide direction to staff on the Return to Office protocols presented Ms. Barnett continued with the presentation and discussed the new Cal/OSHA standards and proposed Return to Office workplan. President Pilecki stated the Administration Committee reviewed the Return to Office plan and was supportive of staff's recommendation to return in-person on or by September 30, 2021. BOARD ACTION: Motion was made by Member Lauritzen and seconded by Member Hockett to approve a return to office for remaining remote office- based employees to be onsite on or by September 30, 2021. Motion passed by unanimous roll call vote. The second part of Ms. Barnett's presentation was regarding a policy item to consider whether to require COVID-19 vaccinations as a condition of employment. There was a lengthy discussion on this topic. In response to a question posed by Member McGill, Human Resources and Organizational Development Manager Teji O'Malley stated that the District currently has no policy on any vaccines as a condition of employment. Member Williams advised that he is in favor of option two, not mandating vaccines as a condition of employment. He stated he is relying on District employees to understand the benefits of being vaccinated. August 5, 2021 Regular Board Meeting Agenda Packet- Page 32 of 262 Page 5 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT July 15, 2021 Board Meeting Minutes-Page 4 Member Hockett stated that she believes all employees should be vaccinated if returning to work unless they have a clear exception, such as a medical condition, etc. Member Lauritzen advised that she also is in favor of option two and should an employee not affirm vaccination status, one must be required to wear a facial mask as a precautionary measure as per Cal/OSHA requirements. In response to a question from President Pilecki, Ms. Barnett reviewed slides 8 through 10 regarding the updated Cal/OSHA standards on mask requirements. She stated that vaccinated employees are able to go without a mask indoors with proof of vaccination; however, the District was in the process of updating the COVID-19 Exposure Prevention Plan to reflect any changes and that would be released to employees soon. General Manager Roger S. Bailey reiterated that the vaccination requirement and status is a policy decision for the Board. Member Williams stated that the Board needs to be very careful when creating a vaccine policy where the District could remove a person from making a living and that is very serious. In response to a question posed by Member McGill, Ms. Barnett advised that 45% of Central San employees have voluntarily reported that they have been vaccinated. Ms. O'Malley stated that there will be a new standard with the adoption of the Cal/OSHA mask rules mandating disclosure of vaccination status should an employee want to be maskless. She noted those unvaccinated have to wear a mask and are subject to discipline if they do not wear one. Cal/OSHA does not require vaccinations. Motion was made by Member Lauritzen, seconded by Member Williams to approve option two, not requiring the vaccination as a condition of employment. President Pilecki expressed his concern with option two and opined that a clear and serious discipline process should be laid out when employees violate the mask mandate for those unvaccinated. Mr. Bailey advised that any violations would be taken seriously and suggested the Board try to avoid providing prescribed solutions in regard to discipline. There was a discussion about the steps of discipline in the Memorandum of Understanding regarding Human Resources'flexibility to punish dependent on the violation. August 5, 2021 Regular Board Meeting Agenda Packet- Page 33 of 262 Page 6 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT July 15, 2021 Board Meeting Minutes -Page 5 Member McGill made a substitute motion to table the vaccination requirement discussion in order for staff to discuss further on how they would handle discipline issues related to violations and provide more information to the Board for its consideration. President Pilecki stated he was uncomfortable delaying a decision as it would hinder staff from knowing the requirements as they return back to the office. Ms. O'Malley stated Cal/OSHA temporary standards regarding the masked versus maskless is already being implemented and Central San is in compliance. Proof of vaccination must be documented for the maskless determination. She envisions managers and supervisors to assist with the confirmation of staff vaccinations via a database. The question to be determined is the requirement of the vaccination as a condition of continued employment. Member Hockett stated the Board should not postpone and make a decision. Member Lauritzen opined the District has continued to follow appropriate protocols for the entire pandemic and those have been sufficient. More protection will occur with those that are vaccinated and requiring a mask for those unvaccinated may provide incentive to obtain the vaccine. District Counsel Kenton L. Alm confirmed that the Board needed to take a vote on the substitute motion made by Member McGill. BOARD ACTION: Member McGill made a substitute motion, seconded by Member Williams to table the decision on District vaccination requirement until further information is provided by staff on guidance and discipline. Motion passed by the following roll call vote: AYES: Members: McGill, Williams, Pilecki NOES: Members: Hockett, Lauritzen Member McGill's substitute motion was carried, and as a result Member Lauritzen's original motion died. Ms. O'Malley advised that there is language in the Cal/OSHA standards should there be three or more positive COVID tests in a 14-day period, everyone, vaccinated or not, will be required to wear facial masks. August 5, 2021 Regular Board Meeting Agenda Packet- Page 34 of 262 Page 7 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT July 15, 2021 Board Meeting Minutes-Page 6 LEGISLATIVE MATTERS 10. Receive update on pending legislative matters and provide direction on priority legislation Ms. Barnett reviewed slide 3, included in the presentation for Items 8 and 9, that included the $100 billion California comeback plan which includes the following items: • $12 billion to provide two out of every three Californians a Golden State Stimulus check of$600 dollars. • $5.2 billion to help low-income renters and landlords covering 100% of back rent. • $2 billion for past-due water and utility bills. • $5.1 billion over four years for drought support, water supply and natural habitat restoration projects to build climate resilience. BOARD ACTION: Received the update. REPORTS AND ANNOUNCEMENTS 11. General Manager— Reports a. Acknowledgement of Central San's 75th Anniversary and Launch of 75th Anniversary Celebration Website Mr. Bailey made a toast congratulating Central San and extending his best wishes to all of its customers, employees, retirees, current and past Board Members a Happy 75th Anniversary. Ms. Barnett reminded the Board that earlier this year, the Board voted to celebrate Central San's 75th Anniversary throughout the entire year in a new and creative way. With the pandemic raising a lot of questions, the Board voted to develop a virtual experience for customers that would be like nothing any other agency has created. She proceeded to unveil the new anniversary website centralsan.org/75th virtual experience to the Board. The site took the Communication's Division nearly six months to build. It features high-level visuals including videos, 360 photos, photo arrays, drone fly overs, historical facts, a learning hub for students, and tutorials to understand how Central San operates programs and services. Everything a customer would be curious to know and learn. It was noted that the site will continue to evolve. As an example, staff will include the recently approved new maintenance access cover design release, a special Pipeline 75th Anniversary edition to announce giveaways, coloring contests, and hidden prize opportunities. The site will help educate the public about the work Central San does, and how customers can partner with the District to protect public health and the environment. August 5, 2021 Regular Board Meeting Agenda Packet- Page 35 of 262 Page 8 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT July 15, 2021 Board Meeting Minutes-Page 7 Ms. Barnett provided a quick walkthrough for the Board into each designated area of the site that is already available on the Central San's homepage. She expressed her sincere appreciation for all of the hard work and dedication the Communication staff put in to develop this wonderful site. BOARD ACTION: Received the information. b. Receive AgLantis/CoCo San Sustainable Farm 2020 Annual Report and update Planning and Development Services Division Manager Danea Gemmell reviewed the presentation included in the agenda materials. She reviewed the terms of the lease, AgLantis'accomplishments for 2020 and its 2020 Annual Report. Member Lauritzen stated from her perspective, the project was to promote recycled water and asked if the rest of the Board agreed with that goal. President Pilecki stated that it was posed as an educational component, provide food, in addition to promoting recycled water. Member Hockett stated it was also an opportunity to partner with the community. Member Lauritzen stated Central San needs to better promote the use of recycled water throughout the community. Member McGill stated that he is a big proponent of this project and believes that more awareness could be done to promote the use of recycled water within entire state. He acknowledged the District could do more to advertise its use and site the farm as an example. Member Hockett added there is a large network in the community that helps market the use of recycled water as well as the farm in partnership with Central San. There are some entities that help fund it, such as the Walnut Creek Garden Club. Member Lauritzen opined that the project is underutilized if the District is trying to expand recycled water and believes that the goals should be measurable in actual gallons for future recycled water projects. BOARD ACTION: Received the annual report. C. Receive informational list of pending Board and Standing Committee future agenda items BOARD ACTION: Received the list. August 5, 2021 Regular Board Meeting Agenda Packet- Page 36 of 262 Page 9 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT July 15, 2021 Board Meeting Minutes-Page 8 12. General Manager—Announcements a. Announcements — July 15, 2021 No further announcements were made during the meeting. BOARD ACTION: Received the announcements. 13. Counsel for the District a. Report out on Board action taken during Closed Session at the July 1, 2021 Regular Board Meeting Mr. Alm advised that there was no reportable action taken at the July 1 meeting. BOARD ACTION: Received the report. 14. Secretary of the District Ms. Young announced the following upcoming Board and Committee meetings: Special Board Meeting (Active Shooter Virtual Training) — Friday, July 16 at 9:00 a.m. Real Estate, Environmental & Planning— Tuesday, January 20 at 9:00 a.m. Special Board Meeting (Closed Session) — Monday, July 26 at 2:00 p.m. Engineering & Operations— Tuesday, July 27 at 11:00 a.m. (subsequently cancelled) Finance— Tuesday, July 27 at 2:00 p.m. Administration — Tuesday, August 3 at 9:00 a.m. BOARD ACTION: Received the announcements. 15. Board Members — Committee Minutes a. July 6, 2021 —Administration Committee — Chair Williams and President Pilecki BOARD ACTION: Received the Committee minutes. 16. 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 • July 7, 2021 - Contra Costa Special Districts Association (CCSDA) Anniversary Event Ad Hoc Committee Meeting (virtual, stipend) August 5, 2021 Regular Board Meeting Agenda Packet- Page 37 of 262 Page 10 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT July 15, 2021 Board Meeting Minutes -Page 9 • July 12, 2021 - Alameda County Special District Association (ACSDA) and CCSDA Joint Meeting (virtual, stipend) Member McGill also provided a written report covering his announcements and other meetings. Member Williams — No report. President Pilecki — No report. BOARD ACTION: Received the reports and announcements. 17. 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 None. 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 18. RECESS TO CLOSED SESSION The Board recessed at 3:02 p.m. to reconvene in closed session. Closed Session (Not video recorded) CLOSED SESSION 18. 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 August 5, 2021 Regular Board Meeting Agenda Packet- Page 38 of 262 Page 11 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT July 15, 2021 Board Meeting Minutes-Page 10 • 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 3:55 p.m. to reconvene in open session. REPORT OUT OF CLOSED SESSION No report. ADJOURNMENT The meeting was adjourned at 3:56 p.m. Tad J. Pilecki President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Katie Young Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California August 5, 2021 Regular Board Meeting Agenda Packet- Page 39 of 262