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Home My WebLink AboutBOARD MINUTES 10-21-21LCENTRAL SAN MINUTES* REGULAR BOARD MEETING Multi -Purpose Room Thursday, October 21, 2021 1:30 p.m. Open Session — Multi -Purpose Room (Video recorded) NOTICE BOARD OF DIRECTORS. - TAD J PILECKI President DAVID R. WILLIAMS President Pro Tent BARBARA D. HOCKETT MARIAHN LAURITZEN MICHAEL R. MCGILL This meeting was held in the specified meeting room with a virtual participation option pursuant to Central San Resolution 2021-052. The resolution made findings with the Governor's Emergency Declaration and County Health Services recommendations related to the ongoing COVID-19 pandemic, and the provisions provided under Assembly Bill 361, effective October 1, 2021. Board Members participated in -person or via videoconference. The agenda provided options in which members of the public could participate. 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 (joined during Awards and Presentations), McGill, Williams, Pilecki ABSENT: Members. None PLEDGE OF ALLEGIANCE The Board, staff and audience joined in the Pledge of Allegiance. PUBLIC COMMENT PERIOD This item was heard immediately following Item 2. Ms. Young read several public comments from the following individuals regarding the Board's decision to mandate vaccinations as a condition of employment: These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. Book 69 — Page 233 CENTRAL CONTRA COSTA SANITARY DISTRICT October 21, 2021 Board Meeting Minutes — Book 69-Page 234 Scott Swan, Marcus Dahlund, Russ Salva, Jason Crowe, Chris Johnsen, Mike Rosen, Jose Vega, Wilson Brooks, and Roxanne Goward. Upon conclusion of the public comments President Pilecki moved to hear Item 10 and, after its conclusion, the agenda reverted back to the agenda order, beginning with the Consent Calendar. REQUESTS TO CONSIDER MATTERS OUT OF ORDER President Pilecki advised that Items 2 and 10 would be taken out of order. AWARDS AND PRESENTATIONS 2. Receive the 2021 Water Environment Federation (WEF) Public Communication and Outreach Program Award for Central San's Pipe Protectors Student Education Program This item was heard after the Pledge of Allegiance. Ms. Aimee Killeen, WEF's Water Heroes Subcommittee Chair presented the award to the Board. The Board Members congratulated the Communications team on their tremendous effort and accomplishments. ��7_1:7 �7_« � [�7 � F■:Z�Irf�' [i �T-�-1*�.. � .TT � Upon conclusion, President Pilecki moved to Public Comments. CONSENT CALENDAR The Consent Calendar was heard immediately upon the conclusion of Item 10. 3. Approve the following: a. October 4, 2021 Special Board meeting minutes b. October 7, 2021 Regular Board meeting minutes C. October 11, 2021 Special Board meeting minutes 4. Adopt Resolution No. 2021-074 commending Stanley Caldwell for receiving the California Special Districts Association's William Hollingsworth Award of Excellence 5. Adopt updated salary schedule for all District job classifications effective October 21, 2021 6. Approve revisions to Board Policy BP 037 - Delegation of Authority to General Manager, explicitly within Section 6 to address authority related to real property matters, including leases, rights of entry, execution of real property license CENTRAL CONTRA COSTA SANITARY DISTRICT October 21, 2021 Board Meeting Minutes — Book 69-Page 235 agreements, restoration agreements, encroachment permits, licenses, and similar documents affecting access to or use of real property 7. Approve the following Board Policy related actions: • Amend and retitle Board Policy (BP) No. BP 013 — Standing Committees, Protocols, Guidelines and Charters • Adopt new BP 044 — Board Leadership and Community Representation • Adopt new BP 045 — Board Compensation, Benefits, and Expense Reimbursement, and • Rescind Resolution Nos. 2012-018 and 2015-008 8. Approve the Outfall Monitoring Improvements, District Project 100018 for California Environmental Quality Act and Regulatory Permitting purposes, including the filing of a Notice of Exemption for the project BOARD ACTION: Motion 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 9. Continue the public hearing from October 7, 2021 to receive public comment on adopting proposed Ordinance No. 318 (uncodified) to establish a reimbursement fee applicable to parcels which could connect to Job 6712 on La Sonoma Way in Alamo In response to a question from Member Williams, Senior Engineer Thomas Brightbill stated that a provision in the District Code allows for reimbursements for a period up to 20 years. Hearing no public comment, President Pilecki closed the public hearing at 3:11 p.m. BOARD ACTION: Continued the public hearing. Motion made by Member McGill and seconded by Member Hockett to adopt uncodified Ordinance No. 318 to establish the reimbursement fee applicable to parcels on La Sonoma Way in Alamo, as presented. Motion passed by unanimous roll call vote. 10111:I21:91111 VIXTIT"IIA011121►TA6 10. Continue discussion from August 19, 2021 on Central San's Vision, Mission, Values, and Goals for the Fiscal Years 2022-24 Strategic Plan (Larry Bienati, PhD, Bienati Consulting Group assisted with the facilitation) This item was heard immediately following the public comments. Management Analyst Christina Gee and Mr. Bienati reviewed the presentation included in the agenda materials. CENTRAL CONTRA COSTA SANITARY DISTRICT October 21, 2021 Board Meeting Minutes — Book 69-Page 236 Mr. Bienati discussed the proposed Mission, Vision, Values, and Goals with the Board and received feedback on those elements of the Strategic Plan to be discussed further at a future Board meeting. BOARD ACTION: Continued the discussion and provided direction to staff. 11. Consider adopting Resolution No. 2021-075 that sets a new meeting start time of 2:30 p.m. for regularly scheduled District Board Meetings BOARD ACTION: Motion made by Member Williams and seconded by Member Lauritzen to adopt the proposed resolution that sets a new start time of 2:30 p.m. for regularly scheduled Central San Board Meetings, effective November 4, 2021, as presented. Motion passed by unanimous roll call vote. 12. Consider adopting a resolution (provided as Resolution No. 2021-076) that reauthorizes the use of teleconference/hybrid participation for Board and Committee meetings, pursuant to Brown Act provisions provided under Assembly Bill 361, for the month of November 2021 In response to a question posed by Member Williams, District Counsel Kenton Alm stated that in order for the District to continue under Assembly Bill 361, a public agency must make a "finding, " including the following: There must be a state of emergency in place; and several other findings are made by majority vote for either of the two following criteria 1) a local health department is continuing to order or recommend social distancing; or 2) the Board finds there would be an eminent danger to the attendees if they all met in person. President Pilecki inquired about the relaxation of mask mandates in Contra Costa County. Communications and Governmental Relations Manager Emily Barnett advised that the relaxed mandates are based off population in the office and Central San would exceed the limit, therefore, opined that the mask mandate would continue to apply at the District. Human Resources and Organizational Development Manager Teji O'Malley advised that staff is evaluating the mandate and working with legal counsel to determine how it applies to Central San. Clarification and changes to the Emergency Prevention Plan will be brought to the unions for a meet and confer process. Member McGill stated that with unknown implications of the mask mandate, continuing the resolution gives the Board the maximum flexibility and option to be remote. BOARD ACTION: Motion made by Member Williams and seconded by Member Lauritzen to adopt the proposed resolution, provided as Option A, to re- authorize virtual/hybrid meetings pursuant to Brown Act provisions provided under AB 361 for the month of November 2021; and replace Resolution No. 2021-052 (enacted for the month of October 2021) on November 1, 2021. Motion passed by unanimous roll call vote. CENTRAL CONTRA COSTA SANITARY DISTRICT October 21, 2021 Board Meeting Minutes — Book 69-Page 237 13. Authorize the General Manager to proceed with the execution of State Revolving Fund (SRF) Loan documents for the Solids Handling Facility Improvements Project and adopt Resolution No. 2021-077 approving the financing agreement for the project Director of Engineering Jean -Marc Petit reviewed the presentation included in the agenda materials. Mr. Petit answered several questions from Board Members and explained the removal of certain pieces of the original project and the intended use for the SRF loan for a smaller project to address critical components. He indicated that staff has issued a request for proposal to select new consultant for the evaluation and design of Solids Phase 2 project which will establish the new path forward for biosolids handling and disposal in the future and which likely will include anaerobic digesters. He also clarified that cost related activities and construction for Phase 2 Solids project will not be eligible for this SRF loan. Member Williams inquired about restrictions on the loan. Mr. Petit responded that the District must complete the project by December 2025 but is able to submit reimbursement for $16 million right away for the original design cost. Mr. Alm advised that he has worked closely with staff regarding this process and recommended this course of action. President Pilecki requested clarification about prior approval from the District's Facilities Financing Authority (FFA) and whether any action of that Authority was required. Mr. Alm stated that it was unnecessary. Director of Finance and Administration Philip Leiber stated that Central San would obtain the loan and all such loan documents will be directed to the District rather ili'F1SVJT;aM1y'1 BOARD ACTION: Motion made by Member McGill and seconded by Member Williams to authorize staff to proceed with the execution of the SRF Loan Agreement documents for the Solids Handling Facility Improvements Project and adopt the proposed resolution, as presented. Motion passed by unanimous roll call vote. Member McGill stated that he agreed with the SRF loan approach, but suggested staff look for opportunities to obtain direct grants. Planning and Development Services Division Manager Danea Gemmell advised that Central San may qualify for a Water Infrastructure Finance and Innovation Act (WIFIA) low-cost loan and would watch for any applicable grants for future projects. CENTRAL CONTRA COSTA SANITARY DISTRICT October 21, 2021 Board Meeting Minutes — Book 69-Page 238 COVID-19 PANDEMIC RESPONSE 14. Receive update on Central San's response regarding the Coronavirus (COVID-19) pandemic Communications and Government Relations Manager Emily Barnett reviewed key updates in the presentation provided in advance of the meeting. BOARD ACTION: Received the update. LEGISLATIVE MATTERS 15. Receive final 2021 California State Legislative Session report Ms. Barnett reviewed the report included in the agenda materials. BOARD ACTION: Received the report. REPORTS AND ANNOUNCEMENTS 16. General Manager — Reports a. Receive recap of Central San Academy Spring 2021 Virtual Session BOARD ACTION: None. Due to time constraints, this item will be heard at a future Board meeting. b. Receive Benchmarking Study comparing Central San's performance from Fiscal Years 2017-18, 2018-19, and 2019-20 to water/wastewater agencies statewide and nationwide BOARD ACTION: None. Due to time constraints, this item will be heard at a future Board meeting. C. Receive informational list of pending Board and Standing Committee future agenda items BOARD ACTION: Received the list. 17. General Manager —Announcements a. Announcements - October 21, 2021 No further announcements were made during the meeting. BOARD ACTION: Received the announcements. 18. Counsel for the District — No report. CENTRAL CONTRA COSTA SANITARY DISTRICT October 21, 2021 Board Meeting Minutes — Book 69-Page 239 19. Secretary of the District Ms. Young announced the following upcoming Board and Committee meetings: • Special Board Meeting / Public Hearing Meeting No. 2 - Monday, October 25 at 7:00 p.m. • Special Board Meeting / Public Hearing Meeting No. 3 - Tuesday, October 26 at 7:00 p.m. (announced this meeting would be canceled) • Special Closed Session Board Meeting - Monday, November 1 at 2:00 p.m. • Administration Committee - Tuesday, November 2 at 9:00 a.m. BOARD ACTION: Received the announcements. 20. Board Members - Committee Minutes a. October 5, 2021 - Administration Committee - Chair Williams and President Pilecki Member McGill provided some suggestions the Administration Committee should consider when reviewing Board Policies BP 013 and BP 044 as a future agenda item. He requested liaisons be assigned based on divisions and that the Board President still assign the Committees representatives. He also requested BP 045 be reviewed regarding Board expenses. b. October 12, 2021 - Engineering & Operations Committee - Member Lauritzen and President Pilecki (alternate) BOARD ACTION: Received the Committee minutes. 21. 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 October 15-20, 2021 - Water Environmental Federation Technical Exhibition and Conference (WEFTEC) in Chicago, Illinois Member Lauritzen - No report. Member McGill • October 6, 2021 - Contra Costa Special Districts Association (CCSDA) Anniversary Event Ad Hoc Committee Meeting and Chapter Meeting (virtual, one stipend) • October 15-20, 2021 - Water Environmental Federation Technical Exhibition and Conference (WEFTEC) in Chicago, Illinois CENTRAL CONTRA COSTA SANITARY DISTRICT October 21, 2021 Board Meeting Minutes — Book 69-Page 240 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. 22. 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 Vom 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 23. RECESS TO CLOSED SESSION The Board recessed at 4:02 p.m. to reconvene in closed session. Closed Session (Not video recorded) CLOSED SESSION 23. 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 CENTRAL CONTRA COSTA SANITARY DISTRICT October 21, 2021 Board Meeting Minutes — Book 69-Page 241 RECESS TO OPEN SESSION The Board recessed at 5:25 p.m. to reconvene in open session. REPORT OUT OF CLOSED SESSION No report. ADJOURNMENT The meeting was adjourned at 5:26 p.m. Tad J. Pilecki President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: �A' gb" Katie Young Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California