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HomeMy WebLinkAbout02.b. Approve minutes of meeting held 09-16-21 Page 1 of 11 Item 2.b. CENTRALSAN jdf A- hom CENTRAL CONTRA COSTA SANITARY DISTRICT October 7, 2021 TO: HONORABLE BOARD OF DIRECTORS FROM: KATIE YOUNG, SECRETARYOF THE DISTRICT SUBJECT: SEPTEMBER 16, 2021 REGULAR BOARD MEETING MINUTES Attached are the draft minutes of the above Board meeting. ATTACHMENTS: 1. Draft Minutes of 09-16-21 meeting October 7, 2021 Regular Board Meeting Agenda Packet- Page 11 of 200 Page 2 of 11 CENTRAL SAN CONTRACENTRAL • IMHOFF PLACE, MARTINEZ, CA 9AS53-,4392 MINUTES* BOARD OF DIRECTORS: TAD J PILECKI President REGULAR BOARD MEETING DAVID R. WILLIAMS Multi-Purpose Room President Pro Tena Thursday, September 16, 2021 BARBARA D.HOCKETT 1:30m. MARIAHN 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. 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 Ms. Young recited the Pledge of Allegiance. PUBLIC COMMENT PERIOD Joan Lindroth, a resident on Lost Valley Drive in Orinda, addressed the Board and provided a list of complaints regarding the sewer construction project on her street and property. She has kept a timeline of all notable incidents and requested action be taken. She noted a claim has been filed and requested the Board handle the issues at hand. These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. October 7, 2021 Regular Board Meeting Agenda Packet- Page 12 of 200 Page 3 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT September 16, 2021 Board Meeting Minutes -Page 2 REQUESTS TO CONSIDER MATTERS OUT OF ORDER None. AWARDS AND PRESENTATIONS 1. Receive the National Association of Clean Water Agencies (NACWA) 2020 Peak Performance Award - Platinum 23 Plant Operations Division Manager Alan Weer presented the NACWA Platinum 23 award to the Board. BOARD ACTION: Received the award. 2. Receive the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year (FY) 2019-20 Finance Manager Kevin Mizuno reviewed the presentation included in the agenda materials and presented the GFOA Certificate of Achievement for Excellence in Financial Reporting to the Board. BOARD ACTION: Received the award. CONSENT CALENDAR 3. Approve the following: a. September 2, 2021 Board meeting minutes BOARD ACTION: Motion was made by Member Hockett and seconded by Member Williams to adopt the Consent Calendar as recommended. Motion passed by unanimous roll call vote. PUBLIC HEARINGS 4. Conduct a public hearing to consider relinquishment of a District sewer facility at 0 Country Club Drive and 1600 St. Andrews Drive in Moraga; adopt Resolution 2021- 050 ordering relinquishment of the sewer facility constructed with Job 1567, authorizing execution of a quitclaim deed and the recording of said documents Senior Engineer Dana Lawson advised that an important word was mistakenly left out in the Position Paper included in the agenda materials. In the last paragraph of the Background section the word "not"should have be included and state "... that this passive overflow does not provide a significant benefit to Central San." Member McGill advised that this item was brought to the Real Estate, Environmental, and Planning (RESP) Committee and it was under its assumption October 7, 2021 Regular Board Meeting Agenda Packet- Page 13 of 200 Page 4 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT September 16, 2021 Board Meeting Minutes -Page 3 that it did not provide any additional benefit to the District and Board approval was recommended. The Board had no questions. President Pilecki opened the public hearing and, 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 Williams to adopt the proposed resolution to relinquish the stated sewer facility and authorize execution of subsequent related documents as presented. Motion passed by unanimous roll call vote. OTHER BOARD ACTION ITEMS 5. Approve the tentative agreement with Public Employees Union Local One and provide direction to staff to incorporate the terms of the tentative agreement into a successor Memorandum of Understanding to be brought back to the Board in a subsequent meeting for final adoption Member Williams advised that he agreed with the terms and consumer price index (CPI) salary increase included in the tentative agreement for Local One but that he was not in favor of the entire agreement. He believes it is appropriate for the employees and the Board Members to contribute towards healthcare insurance. He stated that he has no preconceived notion as to the contribution amount but opined it should have been discussed with the bargaining units. BOARD ACTION: Motion was made by Member Hockett and seconded by Member Pilecki to approve the tentative agreement with Local One and direct staff to incorporate the terms of the tentative agreement into a successor Memorandum of Understanding for final adoption at a future meeting. Motion passed by the following roll call vote: AYES: Members: Hockett, Lauritzen, McGill and Pilecki NOES: Member: Williams 6. Approve proposed District contribution of $33,423.50 to General Manager Roger S. Bailey's 401(a) Deferred Compensation plan account, which is equivalent to 10 percent of Mr. Bailey's current salary, as set forth in the Second Amendment to his November 21 , 2019 Employment Agreement, effective September 16, 2021 Member Williams stated that a compensation survey was conducted with neighboring agencies and special district's regarding the General Manager's compensation. He opined the proposed agreement is in line with other agencies and is appropriate. BOARD ACTION: Motion was made by Member Hockett and seconded by Member Williams to approve a lump-sum District contribution of $33,423.50 to General Manager Roger S. Bailey's 401(a) Deferred Compensation plan account, as set forth in the Second Amendment to the November 21, 2019 October 7, 2021 Regular Board Meeting Agenda Packet- Page 14 of 200 Page 5 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT September 16, 2021 Board Meeting Minutes -Page 4 Employment Agreement, effective September 16, 2021 as presented. Motion passed by unanimous roll call vote. 7. Approve proposed salary increase of seven percent and a payment of accumulated Paid Time Off (PTO) equivalent to two hundred hours for Secretary of the District Katherine Young, as set forth in the Fifth Amendment to her February 11, 2018 Employment Agreement, effective September 16, 2021 Member Williams stated that a compensation survey was also conducted for the Secretary of the District and/or equivalent positions. He opined Ms. Young would be in an appropriate range with the proposed salary increase. BOARD ACTION: Motion was made by Member Hockett and seconded by Member Pilecki to approve a seven percent salary increase and a payment of accumulated Paid Time Off (PTO) equivalent to two hundred hours, as set forth in the Fifth Amendment to the February 11, 2018 Employment Agreement for Secretary of the District Katherine Young, effective September 16, 2021. Motion passed by unanimous roll call vote. 8. Receive update on Central San's Pollution Prevention Week activities including the 2021 Pollution Prevention Awards to be presented at the Sustainable Contra Costa Annual Awards Celebration on September 22, 2021; and adopt Resolution No. 2021-051 encouraging and promoting pollution prevention and to declare September 20-26, 2021 as Pollution Prevention Week Senior Environmental Compliance Inspector Colleen Henry reviewed the presentation included in the agenda material. President Pilecki thanked Ms. Henry for her work on the pollution prevention awards and appreciated the program. BOARD ACTION: Motion was made by Member McGill and seconded by Member Lauritzen to adopt the proposed resolution as presented. Motion passed by unanimous roll call vote. 9. Consider adoption of the Internal Audit Fiscal Year (FY) 2021-22 Audit Plan Internal Auditor Benjamin Johnson reviewed the presentation included in the agenda material. Member McGill opined that the audit plan presented is very thought out and he appreciated the work being completed. BOARD ACTION: Motion was made by Member McGill and seconded by Member Williams to adopt the FY 2021-22 Internal Audit Plan as presented. Motion passed by unanimous roll call vote. October 7, 2021 Regular Board Meeting Agenda Packet- Page 15 of 200 Page 6 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT September 16, 2021 Board Meeting Minutes -Page 5 COVID-19 PANDEMIC RESPONSE 10. Hold a discussion regarding requiring COVID-19 Vaccinations as a condition of Central San employment Communications and Governmental Relations Manager Emily Barnett reviewed the presentation included in the agenda materials. Member McGill confirmed on Slide 6, that the number of deaths due to COVID (906), was since the March 6, 2020 date. General Manager Roger S. Bailey asked for the Board to provide direction to staff relative to a requirement for vaccinations. He stated that the Board has had several months to watch the data unfold and understand the information provided; the point of the discussion today was for the Board to be able to make a decision that is well throughout, not impulsive or premature. Member Hockett opined that there has been more than enough time and the data and science speaks for itself. Her recommendation is for all staff be fully vaccinated and proposed the process begin September 27. Member Lauritzen stated that safety comes first and believes requiring vaccines would help with the safety of employees. With the U.S. Food and Drug Administration approval of the Pfizer vaccine, the Board should require vaccinations. Member Williams opined that having alternative testing for those who are unvaccinated is hard to track, often misleading and a burden to staff, and did not support that as an alternative. He suggested the Board wait for Occupational Safety and Health Administration (OSHA) guidance prior to making the vaccine mandatory for employees. Member McGill questioned the process and an obligation of the Board to conduct meet and confer sessions with the bargaining units. District Labor Counsel Dan Clinton stated that the decision whether to vaccinate or not is made by the Board, but the implementation and the effects of the decision are included in the meet and confer process. It was suggested by Member McGill to require vaccines and commence the meet and confer process but wait on a date specific implementation until the process is completed. Mr. Clinton advised that a decision can be made requiring mandatory vaccines and the date could be subject to the meet and confer, but that the Board is able to express its opinion that implementation should be made as soon as possible. There was a discussion regarding the meet and confer process and bad faith bargaining. October 7, 2021 Regular Board Meeting Agenda Packet- Page 16 of 200 Page 7 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT September 16, 2021 Board Meeting Minutes-Page 6 President Pilecki suggested to mandate the vaccine and plan to have full compliance by December 31, with having the meet and confer within that time frame to negotiate the implementation and impacts. Central San employee Mark Wenslawski addressed the Board expressing his frustration and his dismay for the vaccine mandate. He discussed religious exemption and personal medical autonomy. He opined that with the threat of imposing mandates it decimates and demotivates employees and believed it will divide employees more. Mr. Wenslawski discussed breakthrough cases and requested the Board trust the employees to remain safe and continue serving the District without the condition of employment threat in mandating vaccines. Secretary of the District Katie Young read written public comments received from the following Central San employees: Jared Mangini, Oman Nwansi, Ed Silva, Russell Salva, and Mike Rosen who all stated their reasons for why the Board should not require mandated vaccines. There was lengthy discussion regarding medical and religious exemptions with guidance provided by Mr. Clinton. Member McGill inquired about the protocol for the testing procedures should an employee be unvaccinated and who would fund those tests. Mr. Clinton advised that this information would all be included in the OSHA regulations. Member Lauritzen discussed religious exemption and stated that she believes if the District allows the exemption, personal beliefs should be included as well. She stated that schools in California do not have a religious exemption and questioned the difference between work and school. Mr. Clinton advised that is based upon case law. The Board took a short recess and resumed discussion at 3:27 p.m. A motion was made by Member Hockett and seconded by Member Lauritzen to mandate vaccines for all employees as a requirement to return to the District starting September 27, 2021. Member McGill advised that he is in favor of vaccinations but is conflicted with the motion presented as it was stated. He would like to complete the meet and confer process prior to setting a date and opined the Board is moving too fast. Member Williams stated that he was extremely conflicted with mandating a vaccine as a condition of employment and in turn determine someone's livelihood. President Pilecki agreed with Member McGill and stated that the Board can make the decision to mandate vaccines, but before implementation and any impacts to conduct the meet and confer with the bargaining groups. October 7, 2021 Regular Board Meeting Agenda Packet- Page 17 of 200 Page 8 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT September 16, 2021 Board Meeting Minutes -Page 7 Member Lauritzen offered an amendment to Member Hockett's motion adding a medical exemption and a goal of all employees vaccinated by October 31. Member Hockett declined the amendment. Member Williams clarified the original motion from Member Hockett stating the following: 1) no testing alternative if unvaccinated, and 2) medical and religious exemptions are allowed. Member Lauritzen requested a future agenda item regarding the legalities of religious exemption and the difference between workplace and schools. Tim Potter, President of the Management Support/Confidential Group (MS/CG) bargaining unit, opined the September 27 date provided in the motion is unrealistic in order to have a good faith meet and confer effort with the bargaining units. Mr. Bailey stated that it is his understanding that should the motion pass, mandatory vaccines would begin September 27 but issues, implementation, and discipline would be determined during the meet and confer process. BOARD ACTION: Received the information and held discussion whether to require COVID-19 vaccinations as a condition of employment. Motion was made by Member Hockett and seconded by Member Lauritzen to mandate vaccines for all employees as a requirement to return to the District starting September 27, 2021. Motion passed by the following roll call vote: AYES: Members: Hockett, McGill, Williams NOES: Members: Lauritzen ABSTAIN: Members: Pilecki LEGISLATIVE MATTERS 11. Receive update on pending legislative matters and provide direction on priority legislation Ms. Barnett provided the Board with an update on the recall election for the Governor of California. She reviewed the priority legislation tracking sheet that was provided to the Board prior to the meeting, including Assembly Bill (AB) 818 regarding proper wipes disposal and AB 361 regarding extension of the Governor's Executive Order regarding Brown Act meeting requirement during the pandemic. In response to a question from Member McGill, Ms. Barnett advised that AB 361 is considered an urgency legislation and once signed, would take effect immediately. There was some discussion regarding the provisions of AB 361. District Counsel Kenton Alm stated that he would closely review the legislation bill and provide information to the Board. October 7, 2021 Regular Board Meeting Agenda Packet- Page 18 of 200 Page 9 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT September 16, 2021 Board Meeting Minutes -Page 8 Ms. Barnett reviewed Senate Bill (SB) 594 regarding redistricting and stated that the bill was on the Governor's desk waiting to be executed. BOARD ACTION: Received the update. REPORTS AND ANNOUNCEMENTS 12. General Manager—Announcements There were no announcements. 13. Counsel for the District — No report. 14. Secretary of the District Ms. Young announced the following upcoming Board and Committee meetings: (Special) Administration Committee — Monday, September 20 at 9:00 a.m. Engineering & Operations Committee — Tuesday, September 21 at 11:00 a.m. Board Self-Evaluation Workshop — Thursday, September 23 from 2:30 - 4:30 p.m. Special Closed Session Board Meeting— Monday, September 27 at 2:00 p.m. Finance Committee — Tuesday, September 28 at 2:00 p.m. Special Board Meeting/Public Hearing — Monday, October 4 at 6:30 p.m. Administration Committee — Tuesday, October 5 at 9:00 a.m. BOARD ACTION: Received the announcements. 15. 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 • September 2, 2021 - Contra Costa County Mayors Conference (virtual) • September 13, 2021 - Board Liaison meeting with Town of Moraga officials (virtual) Member McGill also provided a written report covering his announcements and other meetings. Member Williams — No report. President Pilecki • September 2, 2021 - Contra Costa County Mayors Conference (virtual) Staff Recommendation: Receive the reports and announcements. October 7, 2021 Regular Board Meeting Agenda Packet- Page 19 of 200 Page 10 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT September 16, 2021 Board Meeting Minutes -Page 9 16. 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 Items 17 and 18. RECESS TO CLOSED SESSION The Board recessed at 4:11 p.m. to reconvene in closed session. Closed Session (Not video recorded) CLOSED SESSION 17. Conference with labor negotiators pursuant to Government Code Section 54957.6: District Negotiators: • Roger S. Bailey, General Manager • Kenton L. Alm, Esq., District Counsel • Molly Kaban, Esq., Hanson Bridgett, Labor Counsel • Teji O'Malley, Human Resources and Organizational Development Manager Employee Organizations: • Employees' Association, Public Employees Union, Local One • Management Support/Confidential Group (MS/CG) • Management Group 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 October 7, 2021 Regular Board Meeting Agenda Packet- Page 20 of 200 Page 11 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT September 16, 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 4:43 p.m. to reconvene in open session. REPORT OUT OF CLOSED SESSION No report. ADJOURNMENT The meeting was adjourned at 4:44 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 October 7, 2021 Regular Board Meeting Agenda Packet- Page 21 of 200