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Home My WebLink AboutBOARD MINUTES 08-05-21 Alak� 'ENTRAL SAN CENTRAL CONTRA COSTA SANITARY DISTRICT 5019 IMHOFF PLACE. MARTINEZ. CA 9A553-4392 MINUTES* BOARD OF DIRECTORS TAD J.PILECKI President REGULAR BOARD MEETING DAVID R.WILLMMS Multi-Purpose Room President Pro Tem Thursday, August 5, 2021 BARBARA D.HOCKETT 1.30m. MARIAHN.LAURITZEN p' MICHAEL R.MCGILL Open Session — Board 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 or 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 Ms. Young announced receipt of three public comment requests, of which two public speakers were present and introduced in the following order. 1) Joan Lindroth, resident on Lost Valley Road in Orinda, expressed extreme dissatisfaction with Central San and its South Orinda Sewer Renovations, Phase 8 project. She provided a detailed and comprehensive history of various construction These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. Book 69— Page 159 CENTRAL CONTRA COSTA SANITARY DISTRICT August 5, 2021 Board Meeting Minutes—Book 69-Page 160 related activities dated back to February 1998. She discussed a 20-year-old lawsuit related to a sinkhole over District's terra cotta pipe that runs behind her house. Ms. Lindroth stated that she has had multiple conversations with employees of Central San and believes she cannot get a straight story. She informed the Board that on several occasions during the Phase 8 project, contractors and District employees were not following proper COVID-19 protocols and were not wearing facial masks. Ms. Lindroth provided a list of items that she considered inappropriate actions, including not receiving notice prior to persons arriving on the easement, early morning phone calls, the placement of an orange barricade on her property, and a mailbox that was knocked over. Most recently, in July 2021, Ms. Lindroth stated that a tree company cut down her oleander without consent and believes she should be compensated for all of the disturbances. Ms. Lindroth stated she believes that it is completely unfair that the storm sewer has moved completely on her property and she should be heavily compensated or the sewer should be moved accordingly. 2) Pamela Center, resident on Lost Valley Road in Orinda, discussed a prior lawsuit with Central San. She agreed with the comments made by Ms. Lindroth in that the project has been a complete disturbance to the neighborhood. Ms. Center recounted an incident with an individual where she felt the comments made were a defamation of her character. President Pilecki stated that the Board could not discuss or act upon this matter today as it was not an agendized item, however, the General Manager would investigate and report back to the Board regarding these concerns. General Manager Roger S. Bailey apologized to the two homeowners and stated that he would conduct internal meetings with staff and make sure he collects all of the relevant information. 3) Leland W. Sutherland, retired Central San employee, provided a comment via email regarding the Board's consideration to require COVID-19 vaccinations. Ms. Young read the public comment into the record, which was also made available as a handout to the agenda materials. REQUESTS TO CONSIDER MATTERS OUT OF ORDER None. AWARDS AND PRESENTATIONS 1. Receive National Association of Clean Water Agencies (NACWA) Platinum Excellence in Management Recognition Award Management Analyst Christina Gee reviewed the presentation included in the agenda materials. The Board Members expressed their congratulations to all staff. BOARD ACTION: Received the award. CENTRAL CONTRA COSTA SANITARY DISTRICT August 5, 2021 Board Meeting Minutes—Book 69-Page 161 CONSENT CALENDAR 2. Approve the following: a. July 15, 2021 Regular Board meeting minutes b. July 16, 2021 Special Board meeting minutes C. July 26, 2021 Special Board meeting minutes 3. Approve expenditures incurred June 14, 2021 through July 8, 2021 4. Receive May 2021 Budget-to-Actual Financial Overview 5. Approve revisions to Board Policy BP 011 - Policy for the Submission and Tabulation of Proposition 218 Notice Protests 6. Set a public hearing for September 2, 2021 at 1:30 p.m. to receive comments on a Mitigated Negative Declaration and the proposed Central San Solar Array Project 7. Set a public notice for September 2, 2021 at 1:30 p.m. to consider establishing the Fiscal Year(FY) 2021-22 Appropriations Limit 8. Adopt Resolution No. 2021-036 accepting a Grant of Easement at 3244 Andreasen Drive in Lafayette, related to District Project 1544 and authorizing staff to record documents with the Contra Costa County Recorder 9. Adopt Resolution No. 2021-037 accepting an irrevocable offer of dedication from Moraga 1 INV LLC; authorizing execution of quitclaim deed to Moraga 1 INV LLC, or current property owner at time of recording, for sanitary sewer purposes in Moraga; and authorizing staff to record the documents with the Contra Costa County Recorder 10. Adopt Resolution No. 2021-038 accepting an irrevocable offer of dedication from Shapell Deer Creek, LLC for sanitary sewer purposes and authorizing staff to record the documents with the Contra Costa County Recorder 11. Adopt Resolution No. 2021-039 accepting an irrevocable offer of dedication from Viamonte Senior Living I (VSLI)for sanitary sewer purposes and authorizing staff to record the documents with the Contra Costa County Recorder 12. Adopt Resolution No. 2021-040 accepting a map dedication from Coral Homes, LLC, a California Limited Liability Company, for sanitary sewer purposes; and authorizing staff to record the documents with the Contra Costa County Recorder 13. Adopt Resolution No. 2021-041 authorizing execution of the real property agreement for Class One and Two Encroachments at 1250 Las Juntas Way in Walnut Creek, and authorizing staff to record the documents with the Contra Costa County Recorder CENTRAL CONTRA COSTA SANITARY DISTRICT August 5, 2021 Board Meeting Minutes—Book 69-Page 162 14. Adopt Resolution No. 2021-042 authorizing execution of a lot merger application for Central San property located in Moraga, and authorizing staff to record the lot merger documents with the Contra Costa County Recorder 15. Adopt Resolution No. 2021-043 authorizing execution of a lot merger application for Central San property located in San Ramon, and authorizing staff to record the lot merger documents with the Contra Costa County Recorder 16. Authorize the General Manager to execute two professional engineering services agreements with 1) Towill, Inc. in an amount not to exceed $475,000, and 2) LCC, Inc. in an amount not to exceed $275,000, each for a three-year term to provide as- needed surveying services for District projects 17. Authorize the General Manager to execute a professional services agreement with SDI Presence, Inc. in an amount not to exceed $425,580 to develop a District-wide Technology Master Plan BOARD ACTION: Motion was made by Member McGill and seconded by Member Williams to adopt the Consent Calendar as recommended. Motion passed by unanimous vote. COVID-19 PANDEMIC RESPONSE 18. Receive update on Central San's response regarding the Coronavirus (COVID-19) pandemic In response to a request from Member Lauritzen, Communications and Intergovernmental Relations Manager Emily Barnett provided the Board with an update of the recent mandate from the Bay Area Health Officers. Facial masks must be worn indoors regardless of vaccination status. She advised that Federal and State employees must show proof of vaccination or comply with frequent COV1D-19 testing. Member Williams asked if District employees or contractors must wear facial masks outside during the course of their work. Human Resources and Organizational Manager Teji O'Malley advised that even outside, all Central San employees and contractors within 10 feet of another individual are required to wear a mask regardless of vaccination status. Contractors must comply with the District's exposure prevention plan which is embedded into their contract. In response to a question posed by Member McGill, Ms. O'Malley confirmed that all employees included the Board Members. BOARD ACTION: Received the update. CENTRAL CONTRA COSTA SANITARY DISTRICT August 5, 2021 Board Meeting Minutes—Book 69-Page 163 REPORTS AND ANNOUNCEMENTS 19. General Manager— Reports a. Receive Optimizations Program Annual Report for Fiscal Year 2019-20 Ms. Gee reviewed the presentation included in the agenda materials. Member Hockett congratulated Central San and stated how pleased she was with the "out-of-the-box"thinking. Member Williams stated that it is a great program and how it helps to continue improvement in the workplace. Member McGill expressed his appreciation towards the optimization program and its continuous flow to the District's strategic plan. He applauded Mr. Bailey's leadership in this program. President Pilecki thanked Ms. Gee for her organization of the optimization program and congratulated all of the program winners and staff who provided many great ideas. BOARD ACTION: Received the report. b. Receive overview and conduct a Recycled Water Policy discussion President Pilecki stated this would be the first time the current Board would discuss and evaluate the District's recycled water policy and programs. He encouraged Board Members to ask questions to identify information needed from staff and layout certain concerns. Mr. Bailey advised that the presentation today is being made to provide perspective as to where the District has been, where it is today, and where it is headed. He asked for guidance and direction to make sure staff is headed in the right direction in order for the Board to continue to make policy regarding recycled water. Resource Recovery Program Manager Melody LaBella reviewed the presentation included in the agenda material and answered several questions from Board Members. In regard to slide 21 of the presentation, Mr. Bailey advised that he met with the new General Manager of East Bay Municipal Utilities District(EBMUD) Clifford Chan to discuss the current drought and water situation, and ways for Central San to collaborate with water agencies in the service area. He inquired about EBMUD's current stance on indirect potable reuse and noted that EBMUD will revisit their 2019 Recycled Water Master Plan that will be presented to their Board by 2023. CENTRAL CONTRA COSTA SANITARY DISTRICT August 5, 2021 Board Meeting Minutes-Book 69-Page 164 Policy Question #1 {slide 39 P. 206 of 271) Member Williams stated that he fully supports continuing the efforts with the Concord Community Reuse Project and believes there could be more promising opportunities in the future to provide recycled water to Contra Costa Water District(CCWD). Member Hockett agreed with Member Williams and stated that the District committed to this project a long time ago and should continue that agreement. President Pilecki opined that the Board needs to think about the larger underlying questions with respect to providing direction to staff on how to proceed on the various policy questions and recommended proceeding cautiously. Member McGill stated that he would be supportive continuing every project that had been previously approved. Policy Question #2 (slide 40. p. 206 of 271) All Board Members agreed that the District should continue with the Refinery Recycled Water Exchange Project. Policy Question #3 (slide 41, p. 207 of 271) Diablo Country Club (DCC) representative Tom Terrill spoke to the Board regarding the need for the Satellite Water Recycling Facility(SWRF) demonstration project at DCC. He provided an update on what DCC has been doing in regard to solar and an easement purchase in order to provide adequate flow in the pipelines. DCC is working closely with the Town of Danville to determine where the pipeline would go. He stated in 2019, DCC redesigned and replaced its aging irrigation system. In regard to operation of the SWRF, he stated DCC has no interest in running the facility but would need to find a way to make it affordable. Bert Michalczyk, project manager for DCC, provided the Board with a list of reasons as to why SWRF projects are beneficial for recycled water use. He urged the Board to keep the ratepayers in mind when making decisions about where recycled water should and could be used. He opined SWRFs were not only a cost-neutral proposition but a cost positive proposition for the ratepayers as the treatment of the wastewater would not occur at Central San's treatment plant. It was noted that DCC is ready to move forward and would like to have the District's continued support. Member Hockett asked if Central San would run the SWRF. Mr. Michalczyk stated that there has been no decision made but believes an investment in a utility project with a long-term operation contract may be a better option. Member Hockett spoke about a conversation she had with the manager of the Town of Danville and her understanding there is a firm stance that Central CENTRAL CONTRA COSTA SANITARY DISTRICT August 5, 2021 Board Meeting Minutes—Book 69-Page 965 San must run or supervise the facility and if not, an easement for the pipe would not be granted. Mr. Michalczyk stated that further discussion needed to be held to clarify the situation with the Town Manager. Mr. Bailey advised Mr. Michalczyk and Mr. Terrill be prepared for a similar response from the Town of Danville as such a position has remained consistent. Mr. Terrill respected Mr. Bailey's comments and believed Central San is the right way to go as long as it is a workable and financeable model. Jim Brezack, a consultant to the Golden Rain Foundation, stated that Rossmoor is also interested in being considered for a pilot project consistent with DCC's agreement. He opined that the development of a recycled water policy that incorporates these type of projects is an important issue and offered his support and assistance. There was a discussion about the available supply of water in the collection system. Member McGill stated he is in favor of continuing the memorandum of understanding and staff could consider projects on a case-by-case basis. Member Williams opined the District should complete the demonstration project before committing to an additional similar project. Member Hockett stated she was uncomfortable with another project since there is no guarantee there would be enough available water. Policy Question #4 (slide 42, p. 207 of 271) Member Lauritzen stated that with no communication from Moraga Country Club since 2018, the matter should be discarded. President Pilecki suggested staff contact the Moraga Country Club to determine whether they still have an interest in a SWRF and, if not, the District can remove it from the list of potential future commitments. Policy Question #5 slide 43. p. 208 of 271 Member Hockett believes that the Board has lost sight of completing larger recycled water projects and should reconsider the golf course projects. Member Williams agreed that larger projects are more beneficial. However, with a lack of a lot of prospective larger projects available, he opined the District should continue with the golf course projects that have indicated interest. CENTRAL CONTRA COSTA SANITARY DISTRICT August 5, 2021 Board Meeting Minutes—Book 69-Page 166 Member Lauritzen stated that since Central San only uses 5% of effluent available, there is no reason to limit projects at this point. Member Williams opined that big projects may be a preferable choice, but the golf courses projects are a chance to give water back at no cost to the District. President Pilecki believes the District should give priority to projects in the service area to benefit its rate payers. There was a discussion regarding options to increase the use of recycled water through the legislative process. Ms. Barnett advised that Central San conducted a survey with customers regarding the Refinery Water Exchange Project and the results were favorable. She added that staff includes the Water Exchange project in presentations to city councils and managers. President Pilecki opined that there has not been a need in the service area until the drought projection and believes the survey could be relative to the conditions surrounding the District. Member Lauritzen opined that a 10-year rather than a 50-year projection on recycled water uses seems more appropriate. Mr. Bailey advised that he has a meeting with the Rossmoor/Golden Rain Foundation representatives in the near future and this discussion will guide his response in that meeting. There was a discussion regarding indirect and direct potable use. Ms. LaBella provided a summary of the regulations for indirect vs. direct potable reuse and advised that regulations currently only exist for indirect, but the state has been charged, via legislation, with creating regulations for direct potable reuse by the middle of 2023. It was determined that staff would continue the course for recycled water programs with respect to the current policy and would bring back items that may need to be further addressed by the Board in the future as appropriate. President Pilecki suggested that staff develop guiding principles for the SWRF, similar to those that were developed for the San Ramon DERWA diversion project. BOARD ACTION: Received the information, held a Recycled Water policy discussion, and provided input to staff. CENTRAL CONTRA COSTA SANITARY DISTRICT August 5, 2021 Board Meeting Minutes—Book 69-Page 167 20. General Manager—Announcements a. Announcements—August 5, 2021 No further announcements were made during the meeting. BOARD ACTION: Received the announcements. 21. Counsel for the District a. Report out on Board action taken during Closed Session at the July 15, 2021 Regular Board Meeting and the July 26, 2021 Special Board Meeting District Counsel Kenton L. Alm stated there were no reported actions taken during the July 15 or July 26 meetings. BOARD ACTION: Received the report. 22. Secretary of the District Ms. Young announced the following upcoming Board and Committee meetings: Special Closed Session Board Meeting scheduled for August 9 was canceled. Engineering & Operations— Tuesday, August 10 at 11:00 a.m. Real Estate, Environmental& Planning—Monday, August 16 at 9:00 a.m. Engineering & Operations— Tuesday, August 17 at 11:00 a.m. BOARD ACTION: Received the announcements. 23. Board Members— Committee Minutes a. July 13, 2021 — Engineering & Operations Committee— Chair Williams and Member Lauritzen b. July 20, 2021 — Real Estate, Environmental & Planning Committee— Chair McGill and Member Hockett C. July 26, 2021 — Real Estate, Environmental & Planning Committee— Chair McGill and Member Hockett d. July 27, 2021 — Finance Committee — Chair Pilecki and Member McGill BOARD ACTION: Received the Committee minutes. CENTRAL CONTRA COSTA SANITARY DISTRICT August 5, 2021 Board Meeting Minutes—Book 69-Page 168 24. 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 • July 28, 2021 - California Water Environmental Association (CWEA) COVID-19 July Update live webinar(Virtual) Member Lauritzen - No report. Member McGill - Member McGill 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. 25. 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. Staff Recommendation: Consider any requests. 26. Board Members—Other Items a. Review current Board Policy No. BP 002 - Diversity Statement and hold discussion to determine whether the policy may require an amendment or further information for consideration Member McGill advised that he requested this subject be included as an agenda item in order for the Board to discuss a policy regarding Social Justice, Equity, Diversity and Inclusion (SJEDI). Member Lauritzen stated her support of this discussion and believes the Board should also include diversity in performance metrics. Member Williams would like to get a better understanding with how the words can be incorporated in public agencies and opined the District has never had an issue with this matter in the past. Member Hockett suggested a task force be developed to take a deeper look into this topic. Mr. Alm stated that the District could create an Ad Hoc Committee to discuss this information further. Members McGill and Lauritzen offered to be a part of the Ad Hoc Committee. CENTRAL CONTRA COSTA SANITARY DISTRICT August 5, 2021 Board Meeting Minutes—Book 69-Page 169 Member Williams stated that he would like to be on the committee as he does not have a clear understanding of what it all means and it concerned him. President Pilecki stated that instead of putting two proponents of SJEDI on the committee, he would prefer one proponent and another person who wants to learn more about it. He requested Ms. O'Malley provide some initial background research on SJEDI to get the committee started. President Pilecki announced that the Ad Hoc Committee members would be Member McGill and Member Williams. BOARD ACTION: Held discussion to discuss a policy regarding Social Justice, Equity, Diversity and Inclusion (SJEDI) and determined an Ad Hoc Committee be established. President Pilecki appointed Members. McGill and Williams to serve on the committee. EMERGENCY SITUATIONS None. REQUESTS FOR FUTURE AGENDA ITEMS None. ANNOUNCE CLOSED SESSION (pursuant to Government Code Section 54957.7) Mr. Alm announced there will be no closed session held for Item 27. Closed Session (Not video recorded) CLOSED SESSION 27. 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 There was no closed session held for this item. CENTRAL CONTRA COSTA SANITARY DISTRICT August 5, 2029 Board Meeting Minutes—Book 69-Page 170 ADJOURNMENT The meeting was adjourned at 4:53 p.m. J el" Tad J. Pile President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED- 31"�K Katie Youn Secretary o to istrict Central Contra Costa Sanitary District County of Contra Costa, State of California