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HomeMy WebLinkAboutBOARD MINUTES 11-18-21LCENTRAL SAN CENTRAL CONTRA COSTA SANITARY DISTRICT 5019 IMHOFF PLACE. MARTINEZ. CA 94553-4392 MINUTES* REGULAR BOARD MEETING Multi -Purpose Room Thursday, November 18, 2021 2:30 p.m. Open Session — Multi -Purpose Room (Video recorded) NOTICE BOARD OF DIRECTORS: TAD J. PILECKi President DAVID R. WILLJAMS President Pro Tem 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 2021-076. The resolution reestablished findings with the Governor's Emergency Declaration and County Health Services recommendations related to the ongoing COVlD-19 pandemic, and the provisions provided under Assembly Bill 361. Board Members participated in -person or via videoconference. The agenda provided options in which members of the public could participate in the meeting. ROLL CALL A regular meeting of the Board of Directors was called to order by President Pilecki at 2:30 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 None. REQUESTS TO CONSIDER MATTERS OUT OF ORDER iilfrom These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. Book 69 — Page 255 CENTRAL CONTRA COSTA SANITARY DISTRICT November 18, 2021 Board Meeting Minutes — Book 69-Page 256 ANNOUNCE CLOSED SESSION (pursuant to Government Code Section 54957.7) District Counsel Kenton Alm announced that a closed session would be held for Item 2. RECESS TO CLOSED SESSION The Board recessed at 2:32 p.m. to reconvene in closed session in the Board Room. Closed Session (Not video recorded) CLOSED SESSION 2. 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 4:30 p.m. to reconvene in open session in the Multi -Purpose Room. REPORT OUT OF CLOSED SESSION Mr. Alm stated that no reportable action was taken and direction was provided to negotiators. CONSENT CALENDAR 3. Approve the following: a. November 4, 2021 Board meeting minutes 4. Approve revisions to Board Policy BP 029 - Debt Management and Continuing Disclosure 5. Authorize the General Manager to purchase natural gas through an existing service agreement with Shell Energy North America, LP, for the period of December 1, 2021 through December 31, 2023, up to 1,200 dekatherms per day at a price not to exceed $8.00 per dekatherm, excluding transportation service costs CENTRAL CONTRA COSTA SANITARY DISTRICT November 18, 2021 Board Meeting Minutes — Book 69-Page 257 6. Authorize the General Manager to execute three professional engineering services agreements to rebid the critical elements of the Solids Handling Facility Improvements, District Project 7348 with: 1. CDM Smith in an amount not to exceed $850,000; 2. ArcSine Engineering in an amount not to exceed $600,000; and 3. GHD, Inc. in an amount not to exceed $500,000 7. Authorize a property purchase agreement and adopt Resolution No. 2021-079 accepting a Grant Deed and Grant of Easement from Rethink Green LLC, related to Pump Station Upgrades -Phase 2, District Project 8457, Parcels 1A, 1 B, and 2, for Central San's Maltby Pump Station 8. Authorize the General Manager to execute two professional engineering services agreements with; 1) Hazen & Sawyer, Inc. in an amount not to exceed $750,000; and 2) Stantec in an amount not to exceed $500,000, each for a five-year term to provide as -needed CAD/BIM services for Central San projects 9. Confirm publication of uncodified District Ordinance No. 318 summary 10. Replace a vacant Engineering Assistant I/II position (G-60 to G-65, $3,270 - 4,462 Bi-Weekly) with a Lead Engineering Assistant position (G-72, $4,356 - 5,273 Bi- Weekly) 11. Rescind the current professional services agreement with Kenton L. Alm, Esq., for Counsel for the District services and execute a new professional services agreement, effective November 18, 2021 through December31, 2022 President Pilecki requested Item 5 be pulled from the Consent Calendar for further discussion. BOARD ACTION: Motion was made by Member Williams and seconded by Member Hockett to adopt Items 3-4 and 6-11 on the Consent Calendar as recommended. Motion passed by the following roll call vote: AYES: Members: Hockett, McGill, Williams, Pilecki NOES: Members: None ABSENT: Members: Lauritzen In regard to Item 5, staff answered several questions from President Pilecki regarding the cost of natural gas and any applicable fees. He advised that he was uncomfortable with the answers received and requested staff review and provide further clarification of the items discussed. There was a consensus of a majority of the Board to defer consideration at a future meeting. Member Lauritzen rejoined the meeting. At the conclusion of the Consent Calendar, Item 21 was heard as the next order of business. CENTRAL CONTRA COSTA SANITARY DISTRICT November 18, 2021 Board Meeting Minutes — Book 69-Page 258 COVID-19 PANDEMIC RESPONSE 12. Receive update on Central San's response regarding the Coronavirus (COVID-19) pandemic Ms. Young read several public comments regarding the employee vaccine mandate that was approved by the Board Members at the September 16 meeting. The majority of the comments were against the mandate, with two supporting the mandate. BOARD ACTION: Received the update. OTHER BOARD ACTION ITEMS 13. Consider adopting Resolution No. 2021-080 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 December 2021 This item was heard immediately following Item 21. BOARD ACTION: Motion made by Member McGill and seconded by Member Lauritzen to adopt the proposed resolution to re -authorize virtual/hybrid meetings pursuant to Brown Act provisions provided under AB 361 for the month of December 2021 by the following roll -call vote: AYES: Members: Hockett, Lauritzen, McGill, Williams NOES: Members: Pilecki The action taken above will replace Resolution No. 2021-076 (enacted for the month of November 2021) on December 1, 2021. President Pilecki opined that the Board should start to meet in person regularly. REPORTS AND ANNOUNCEMENTS 14. General Manager —Announcements a. Announcements — November 18, 2021 No further announcements were made during the meeting. BOARD ACTION: Received the announcements. 15. Counsel for the District — No report. CENTRAL CONTRA COSTA SANITARY DISTRICT November 18, 2021 Board Meeting Minutes — Book 69-Page 259 16. Secretary of the District Ms. Young announced the following upcoming Board and Committee meetings: Finance — Monday, November 22 at 2:00 p.m. Special Closed Session Board meeting — Monday, November 29 at 2:00 p.m. BOARD ACTION: Received the announcements. 17. Board Members - Committee Minutes a. November 2, 2021 - Administration Committee — President Pilecki and Member Hockett (alternate) b. November 9, 2021 - Engineering & Operations Committee - Chair Williams and Member Lauritzen BOARD ACTION: Received the Committee minutes. 18. 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 4, 2021 - Contra Costa County Mayors' Conference (virtual) • November 10, 2021 - WaterReuse - Agricultural Reuse in California - Moving to the Next Level (webcast) • November 15, 2021 - California Special Districts Association, Contra Costa Chapter Meeting (CCCSDA) (virtual) Member McGill also provided and reviewed a written report covering his announcements and other meetings. Member Williams — No report. President Pilecki — No report. BOARD ACTION: Received the reports and announcements. 19. Board Members - Requests for Stipend/Reimbursement or Conference Attendance No requests. CENTRAL CONTRA COSTA SANITARY DISTRICT November 18, 2021 Board Meeting Minutes — Book 69-Page 260 20. Board Members - Other Items a. Consider adopting proposed revisions to Board Policy Nos. BP 013 - Board Committees and BP 044 - Board Leadership and Community Representation BP 013 — Board Committees President Pilecki reviewed the proposed changes discussed at the Administration Committee included in the agenda materials. BOARD ACTION: Motion made by Member Hockett and seconded by Member Williams to adopt the proposed revisions to Board Policy No. BP 013 as presented. Motion passed by unanimous roll call vote. Board Policy BP 044 — Board Leadership and Community Representation President Pilecki reviewed the proposed changes to BP 044 that were discussed at the Administration Committee. Member McGill expressed concern regarding the verbiage about only being allowed to represent the District as a liaison for two consecutive years, especially for Contra Costa County Special District Association representation, and the ability for a member to move up in the ranks. President Pilecki stated that all Board Members should be allowed to experience each entity, but there are exceptions to the rule that can be approved by the Board. Member Hockett opined these proposed changes are a great idea and gives all Board Members an equal opportunity to participate. BOARD ACTION: Motion made by Member Hockett and seconded by Member Williams to adopt the proposed revisions to Board Policy No. BP 044 as presented. Motion passed by unanimous roll call vote. b. 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 [Continued from November 4, 20211 President Pilecki asked the Board Members if there were any changes proposed to the reimbursement lists included in BP 045. Member Williams stated that the previous Board spent a fair amount of time reviewing and voting on each event in BP 045 and he is comfortable with the current list. He will support, Member McGill's suggestion of deleting the stipend for staff preparation time for liaison meeting. CENTRAL CONTRA COSTA SANITARY DISTRICT November 18, 2021 Board Meeting Minutes — Book 69-Page 261 BOARD ACTION: Motion made by Member Williams and seconded by Member McGill to delete a stipend for preparing for liaison events listed in BP 045. Motion passed by unanimous roll call vote. Member McGill requested adding all East Bay Leadership Council meetings to the reimbursement list in BP 045. President Pilecki proposed that the Board President or the General Manager have the discretion to approve expenditures of various events up to $100 that demonstrate a nexus to the District. Mr. Alm stated that it should not be left to the discretion of the Board President due to a conflict of interest but was comfortable with the General Manager having the authority to approve such requests. Member Williams stated that if there was a nexus to the District the Board Member should bring back the item for approval of reimbursement. There was a discussion regarding whether or not to fund items with no nexus to the District. Member Hockett stated these events are more social based and should not be a reimbursed or prepaid expense. BOARD ACTION: Motion made by Member McGill and seconded by Member Lauritzen to add a clause to BP 045 the General Manager has the discretion to approve expenditures for various events up to $100. Motion passed by the following vote: AYES: Members: Lauritzen, McGill, Pilecki NOES: Members: Hockett, Williams PUBLIC HEARING (scheduled for 4:30 r).m. 21. Hold public hearing to 1) receive input from the community regarding the adjustment of Director -division boundaries for conducting elections, based on recently completed 2020 Census data, pursuant to Health and Safety Code Section 6592; and 2) receive update on draft redistricted division -based boundary maps by consultants This item was immediately heard after the Consent Calendar. Robert McEntire of National Demographics Corporation (NDC) reviewed the three proposed maps provided in the agenda materials. He stated the Orange, Tan and newly proposed Purple maps met the necessary legal requirements.. Mr. McEntire reiterated that the majority of the movement, due to the 2020 Census, occurred in Divisions 4 and 5. All three maps maintained a relatively strong voting population of Asian Americans in the San Ramon vicinity. The Purple map was produced following the last public hearing, on October 25, with the request from the public and a Board Member to keep Rossmoor with the City of Walnut Creek in one division. CENTRAL CONTRA COSTA SANITARY DISTRICT November 18, 2021 Board Meeting Minutes - Book 69-Page 262 President Pilecki opened the public hearing. Tim O'Keefe, Chief Executive Officer of Golden Rain Foundation in Walnut Creek addressed the Board and requested that Rossmoor be included with the Walnut Creek area and thought the Purple map would address this desire. There was a discussion regarding the boundaries of the Walnut Creek area. Hearing, no further comments, President Pilecki closed the public hearing. All of the Board Members concurred with moving forward with the Purple map. Due to technical difficulty, Scott Rafferty, resident of Walnut Creek, later addressed the Board with his concerns regarding the proposed maps but ultimately concurred with the Board regarding the Purple map. BOARD ACTION: Conducted the public hearing and provided direction to demographer and staff to finalize the Purple map for final adoption at the December 2, 2021 Board meeting. REQUESTS FOR FUTURE AGENDA ITEMS Member Lauritzen requested an item be brought back to a future meeting regarding what it would take to make the District carbon -neutral or carbon -zero. There was a discussion on which standing Board Committee should hear the item and, by general consensus, it was determined the item would be brought to the Real Estate, Environment and Planning Committee for discussion. EMERGENCY SITUATIONS None. ADJOURNMENT The meeting was adjourned at 5:41 p.m. Tad J. Pilec President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California CENTRAL CONTRA COSTA SANITARY DISTRICT November 18, 2021 Board Meeting Minutes — Book 69-Page 263 COUNTERSIGNED: �Y& Katie Young Secretary of the District C entral'Contra Costa Sanitary District County of Contra Costa, State of California This page intentionally left blank.