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HomeMy WebLinkAbout03.a. Approve minutes of meeting held 11-04-2021 Page 1 of 10 Item 3.a. CENTRALSAN jdf A- hom CENTRAL CONTRA COSTA SANITARY DISTRICT November 18, 2021 TO: HONORABLE BOARD OF DIRECTORS FROM: KATIE YOUNG, SECRETARYOF THE DISTRICT SUBJECT: NOVEMBER 4, 2021 BOARD MEETING MINUTES Attached are the draft minutes of the above Board meeting. ATTACHMENTS: 1. Draft Minutes of 11-04-21 meeting November 18, 2021 Regular Board Meeting Agenda Packet- Page 7 of 112 Page 2 of 10 CENTRAL SAN CONTRACENTRAL • • MINUTES* BOARD OF DIRECTORS: TAD J PILECKI President REGULAR BOARD MEETING DAVID R. WILLIAMS Board Room President Pro Tent Thursday, November 4, 2021 BARBARA D.HOCKETT 2:30 p.m. MMICHAEL R.MCGILL DRAFT Open Session — Board Room (Video recorded) NOTICE This meeting was held in the specified meeting room with a virtual participation option pursuant to Central San Resolution 2021-076. The resolution reestablished 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. Board Members participated via videoconference. The agenda provided options in which members of the public could participate in the meeting. PLEDGE OF ALLEGIANCE Secretary of the District Katie Young recited the Pledge of Allegiance. ROLL CALL A regular meeting of the Board of Directors was called to order by President Pilecki at 2:30 p.m. Ms. Young called roll: PRESENT.• Members: Hockett, Lauritzen, McGill, Williams, Pilecki ABSENT. Members: None PUBLIC COMMENT PERIOD President Pilecki advised that the Board received a large number of public comments regarding the District's recent vaccine mandate. Since the mandate topic was included on the agenda as Item 12.a., those comments would be read for the record at that time. There were no additional public comments on items not on the agenda. These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. November 18, 2021 Regular Board Meeting Agenda Packet- Page 8 of 112 Page 3 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT November 4, 2021 Board Meeting Minutes-Page 2 REQUESTS TO CONSIDER MATTERS OUT OF ORDER None. CONSENT CALENDAR 2. Approve the following: a. October 21, 2021 Regular Board meeting minutes b. October 25, 2021 Special Board meeting minutes 3. Approve expenditures incurred September 18, 2021 through October 14, 2021 4. Approve proposed Board Calendar for 2022 5. Approve proposed 2022 Board Member Conference Attendance 6. Adopt Resolution No. 2021-078 authorizing execution of a quitclaim deed for property located at 1535 Diablo Vista Road in Alamo, as listed on Exhibit A to the Resolution; and authorizing staff to record documents with the Contra Costa County Recorder Board Members requested to pull Items 4 and 5 from the Consent Calendar. BOARD ACTION: Motion was made by Member Williams and seconded by Member Hockett to approve Items 2, 3 and 6 on the Consent Calendar as recommended. Motion passed by unanimous roll call vote. In regard to Item 4, Ms. Young stated that a revision to the draft 2022 Board Calendar was being proposed to amend the first January 2022 Board Meeting from January 6 to the second Thursday of the month, January 13. BOARD ACTION: Motion was made by Member McGill and seconded by Member Williams to approve Item 4 with the proposed changes mentioned above. Motion passed by unanimous roll call vote. In regard to Item 5, Member Williams advised that his 2022 conference attendance responses stating "yes"should now all reflect "maybe". BOARD ACTION: Motion was made by Member Williams and seconded by Member Hockett to approve Item 5 with the proposed changes mentioned above. Motion passed by unanimous roll call vote. November 18, 2021 Regular Board Meeting Agenda Packet- Page 9 of 112 Page 4 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT November 4, 2021 Board Meeting Minutes-Page 3 OTHER BOARD ACTION ITEMS 7. Continue discussion from October 21 , 2021 on Central San's Mission, Vision, Values, and Goals for the Fiscal Years 2022-24 Strategic Plan Larry Bienati, PhD, of Bienati Consulting Group assisted with the facilitation. Mr. Bienati discussed the proposed Mission, Vision, Values, and Goals with the feedback received from the Board at the October 21 meeting. The Board took a deeper dive and provided additional comment on those elements of the Strategic Plan to be included in the final Mission, Vision, Values and Goals set for approval at the next Board meeting on November 18. BOARD ACTION: Continued the discussion and provided comment to staff for finalization and approval at a future Board meeting. 8. Receive Fiscal Year 2020-21 Pre-Audit Capital Improvement Budget Year-End Status Report Capital Projects Division Manager Edgar Lopez reviewed the presentation included in the agenda materials. In response to a question posed by Member McGill regarding a negative Sewer Service Charge (SSC) variance, Director of Finance and Administration Phil Leiber advised that, as a whole, the District is not experiencing a negative SSC variance. Rather, with respect to the full amount of the SSC, there is a favorable variance; it is only the amount allocated to the construction fund. That was planned as part of the movement of funds necessary to facilitate the pension unfunded actuarially accrued liability paydown. He stated that for all SSC collections, the District came in above expectations, but was down for SSC in Capital for the prior fiscal year. Overall, the District is in good financial shape and has backfilled the capital SSC negative variance with bond proceeds. Mr. Lopez advised that this item was presented to the Finance Committee and reviewed extensively. BOARD ACTION: Received the Capital Improvement Budget year-end report. 9. Receive Fiscal Year (FY) 2020-21 Pre-Audit Year-End Financial Statement Summary Report; and consider (a) alternatives for handling various pre-audit budget variances and (b) allocation of $1 .25 million budgeted in FY 2021-22 toward employee-related unfunded liabilities Mr. Leiber reviewed the presentation included in the agenda materials. President Pilecki advised that at the recent Finance Committee meeting, staff and Committee Members discussed moving $5.2 million into the rate stabilization fund. Mr. Leiber further elaborated on this topic. He noted that with a recent review of the Fiscal Reserves Board Policy by the Administration Committee, the Committee November 18, 2021 Regular Board Meeting Agenda Packet- Page 10 of 112 Page 5 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT November 4, 2021 Board Meeting Minutes-Page 4 recommended an increase in the Self-Insurance Fund targeted balance, and that this would be funded from a transfer from the Rate Stabilization Fund. BOARD ACTION: Motion was made by Member Hockett and seconded by Member Williams to approve the staff recommendation regarding the allocation of Operations and Maintenance (O&M) Budget variances a) $7.5 million favorable FY 2021-22 budget variance towards O&M related funds; and b) $1.25 million budgeted in FY 2021-22 toward employee-related unfunded liabilities to Central San's OPEB Trust. Motion passed by the following roll call vote: AYES: Members: Hockett, Lauritzen, Williams, Pilecki NOES: Members: None ABSTAIN: Members: McGill REPORTS AND ANNOUNCEMENTS 10. General Manager— Reports a. Receive Annual Recycled Water Program update Associate Engineer Richard Foss reviewed the presentation included in the agenda materials. Member Williams pointed out that all environmental matters should be looked at holistically as sustainability is important. He was pleased with the Zone 1 recycled water approach presented and opined that the beneficiaries pay applicable expenses. Member Hockett thanked Mr. Foss for the incredible and valuable program. BOARD ACTION: Received the update. b. Receive recap of Central San Academy Spring 2021 Virtual Session Management Analyst Christina Gee reviewed the presentation included in the agenda materials. President Pilecki inquired whether the 2022 Academy would be held in person rather than virtually. Ms. Gee advised that staff is considering all options. BOARD ACTION: Received the report. November 18, 2021 Regular Board Meeting Agenda Packet- Page 11 of 112 Page 6 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT November 4, 2021 Board Meeting Minutes-Page 5 C. 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 Member Williams advised that the Administration Committee thoroughly reviewed the benchmarking study and thought it gave the District a good sense of how it stacks up to other agencies and where improvement is needed. Member McGill appreciated the District completing the benchmarking and questioned how staff uses the study to evaluate and actually improve. Ms. Gee advised that the study was reviewed by the District's Executive Management Team and considered all options. General Manager Roger S. Bailey stated that after reviewing the study, the District is doing well and there has not been a need to make any major adjustments. President Pilecki noted that California is stringent on reporting overflows compared to other parts of the country so those numbers may appear out of order. Mr. Bailey stated that staff specifically did a subset of the agencies within California and will attempt to get more Bay Area Clean Water Agencies (BACWA) to participate in the future. BOARD ACTION: Received the information. 11. General Manager—Announcements a. Announcements — November 4, 2021 No further announcements were made during the meeting. BOARD ACTION: Received the announcements. 12. Counsel for the District a. Report out on Board action taken during Closed Session at the October 21, 2021 Regular Board Meeting regarding conference with labor negotiators District Counsel Kenton Alm provided a report out of the October 21, 2021 Closed Session. He stated that with the adoption of the mandatory vaccination policy, meet and confer sessions were held with all three District bargaining units and referred to the end result that was included in the agenda materials. The document and a succeeding Question and Answer session was provided to all staff by the Human Resources Department. November 18, 2021 Regular Board Meeting Agenda Packet- Page 12 of 112 Page 7 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT November 4, 2021 Board Meeting Minutes-Page 6 Ms. Young announced that one person was present to make a public comment that would be followed by a reading into the record of the written public comments received. District employee, Joshua Whitman made a public comment regarding his opposition to the District's vaccine mandate for employees. Member McGill asked for clarification on the new federal rule that was announced earlier today. Mr. Bailey stated that he has requested outside counsel to discuss this with the Board during today's Closed Session. Ms. Young and Assistant Secretary of the District Amelia Berumen read 39 public comments that were received via electronic mail regarding the opposition of the vaccine mandate. Member Williams stated that he personally believes in vaccines and is interested in seeing the results of the testing requirements. He relies on recommendations from health organizations and doctors to help maintain the health and safety of District employees. He noted that he has a concern about taking away an employee's livelihood when considering other available options. Member Lauritzen expressed her appreciation for all of the public comments received, and opined it is important for the Board Members to hear. She acknowledged that the vaccine mandate was a difficult decision, and the Board has discussed it in every closed session. She stated that it is something the Board has to constantly reevaluate and that there are valid arguments on both sides of this decision. Member McGill appreciated the comments from the employees and is anxious to find a solution and explore ideas but would like to learn more about the new federal OSHA directive. President Pilecki stated that the key thing is that the Board must stay flexible and evaluate data as it becomes available. He echoed Member Lauritzen's comment regarding appreciation for employee comments and although employees may think the Board was not listening, he has heard every comment and concern. BOARD ACTION: Received the report. 13. Secretary of the District Ms. Young announced the following upcoming Committee meetings: Engineering & Operation — Tuesday, November 9 at 11:00 a.m. Real Estate, Environmental & Planning (Special) — Monday, November 15 at 8:00 a.m. BOARD ACTION: Received the announcements. November 18, 2021 Regular Board Meeting Agenda Packet- Page 13 of 112 Page 8 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT November 4, 2021 Board Meeting Minutes-Page 7 14. Board Members - Committee Minutes a. October 25, 2021 - Real Estate, Environmental & Planning Committee — Chair McGill and Member Hockett b. October 26, 2021 - Finance Committee - Chair Pilecki and Member McGill BOARD ACTION: Received the Committee minutes. 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 • November 3, 2021 - California Special Districts Association, Contra Costa Chapter (CCSDA) Anniversary Event Ad Hoc Committee Meeting (virtual) 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. 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. 17. Board Members - Other Items a. Hold discussion to review Board Policy BP 045 - Board Compensation, Benefits and Non-Travel Expense Reimbursement, as requested at the October 21, 2021 Board meeting Due to time constraints, this item was deferred to a future meeting. BOARD ACTION: No action taken. Item deferred to a future meeting. November 18, 2021 Regular Board Meeting Agenda Packet- Page 14 of 112 Page 9 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT November 4, 2021 Board Meeting Minutes-Page 8 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 5:04 p.m. to reconvene in closed session Closed Session (Not video recorded) CLOSED SESSION 18. 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 RECESS TO OPEN SESSION The Board recessed at 6:00 p.m. to reconvene in open session. REPORT OUT OF CLOSED SESSION No report. November 18, 2021 Regular Board Meeting Agenda Packet- Page 15 of 112 Page 10 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT November 4, 2021 Board Meeting Minutes-Page 9 ADJOURNMENT The meeting was adjourned at 6:01 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 November 18, 2021 Regular Board Meeting Agenda Packet- Page 16 of 112