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HomeMy WebLinkAboutBOARD MINUTES 12-16-2021LCENTRAL SAN MINUTES* REGULAR BOARD MEETING Multi -Purpose Room Thursday, December 16, 2021 2:30 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 2021-080. 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. 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 No comments. REQUESTS TO CONSIDER MATTERS OUT OF ORDER President Pilecki announced Item 9 would be heard following conclusion of the Consent Calendar. These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. Book 69 — Page 276 CENTRAL CONTRA COSTA SANITARY DISTRICT December 16, 2021 Board Meeting Minutes — Book 69-Page 277 AWARDS AND PRESENTATIONS Receive Contra Costa County Board of Supervisors Resolution honoring Central San's 75th Anniversary On behalf of the Contra Costa County Board of Supervisors, incoming Chair Karen Mitchoff presented a Resolution to congratulate and commend the District on 75 years of essential service to the community. BOARD ACTION: Received the resolution. CONSENT CALENDAR 2. Approve the following: a. November 29, 2021 Special Board meeting minutes b. December 2, 2021 Regular Board meeting minutes 3. Approve the proposed salary increase of 7.5 percent for the Household Hazardous Waste (HHW) Technician I classification, and 12.6 percent for the HHW Technician II and Senior HHW Technician classifications 4. Authorize the General Manager to execute a three-year extension to the professional consulting services agreement with Bienati Consulting Group, Inc. to facilitate Executive Management Team annual performance evaluations and provide Board support, in an amount not to exceed $45,000 commencing June 1, 2022, bringing the total cost ceiling to $102,500, including an option to extend for two additional years, subject to Board approval 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. At this point, the agenda moved to Item 9. 5. Receive and approve 2022 Board Committee and other assignments - President - Elect Williams This agenda item was heard at the conclusion of Item 9. President -Elect Williams introduced the assignments provided in the agenda memorandum which he based on the feedback received from Board Members. Member Lauritzen stated she was excited to serve on two Committees, which she would be able to participate if the Board allows for the continuation of virtual CENTRAL CONTRA COSTA SANITARY DISTRICT December 16, 2021 Board Meeting Minutes — Book 69-Page 278 meetings. She requested consideration of a contingency plan for when there is no option to conduct meetings virtually, or be paired with another Board Member that has schedule flexibility, and the possibility to have a 4:00 p.m. meeting start. Although she had no issue with the current Committee structure, she would like a plan developed, which may require a Committee assignment switch. A lengthy discussion ensued. In reflection of prior Board discussions, Member McGill stated he has made it a point to attend meetings in person. He spoke about his extensive travel schedule and social interactions and asked for the Board's feedback, with that disclosure, if his attendance in person is favored with the current pandemic situation. Additionally, in response to a late meeting start time, he said he would be willing to do a later meeting if it could be done virtually. President Pilecki discussed staff ramifications with late meetings, such as the District paying overtime, the potential for very long meetings, and a delay in family time. He cautioned the Board to also consider the impact to staff, noting it was not just two Board Members'schedule but potentially 8-10 or more staff members. Member McGill opined meetings could be limited to a two-hour hard -stop or staff could delay the start of their workday on a Committee meeting day. Member Williams responded that it could be problematic to set hard -stops, and could compound what is already a weighty Committee and Board agenda schedule. He opined setting a hard -stop and reconvening does not work efficiently. His preference is to return to pre -pandemic, in -person meeting attendance in a safe and healthy manner. Member Lauritzen reiterated she could not attend during the day unless the meetings are virtual and stated having that option would alleviate the problem. She asked for the Board's flexibility and consideration of options. A question was posed by President Pilecki regarding schedule availability for meeting duration. Committee meetings are typically scheduled for two -hours. This year, the Engineering & Operations (E&O) Committee was reduced to a one -hour duration with added meetings to accommodate Member Lauritzen's schedule. He asked if she would be able to commit to two hours moving forward. Member Lauritzen replied she could do one -hour for E&O Committee meetings and two hours for Administration Committee meetings, if virtual. Member Hockett reflected on prior conversations and the Board's agreement to change the regular Board meeting time to 2:30 p.m. to assist with schedule challenges that was anticipated to expire in December. Member Lauritzen stated she will be attending Board meetings in person beginning in January at 2:30 p.m.; however, reiterated her request is to build a contingency plan for Committee meetings. CENTRAL CONTRA COSTA SANITARY DISTRICT December 16, 2021 Board Meeting Minutes — Book 69-Page 279 Further discussion followed on various options. District Counsel Kenton L. Alm responded to inquiry of Assembly Bill (AB) 361 meeting provisions and the more stringent non -AB 361 meeting requirements. A motion was made by Member McGill to approve the 2022 Board Committee and other assignments as presented. Member Lauritzen seconded the motion. President Pilecki stated the motion did not define how the meeting time or virtual option issue is addressed. Member McGill responded that matter could be addressed in Item 7 should the Board elect to continue its findings under the AB 361 provisions. Mr. Alm responded to a question posed by President Pilecki in that it was at the Chair's discretion on whether to consider Item 7 before a vote on this motion. President Pilecki moved to Item 7 for consideration and, upon its conclusion, the vote was taken on the original motion presented for the 2022 Board Member assignments. BOARD ACTION: Motion was made by Member McGill and seconded by Member Lauritzen to approve the 2022 Board Committee and other assignments, effective January 1, 2022. Motion passed by unanimous roll call vote. 6. Authorize the execution of a one-year extension to the existing contract for legal services with Meyers Nave, effective January 1, 2022 through December 31, 2022 BOARD ACTION: Motion was made by Member Hockett and seconded by Member Williams to authorize a one-year extension to the existing contract with Meyers Nave for legal services effective January 1 through December 31, 2022. Motion passed by the following roll call vote: AYES: Members: Hockett, Lauritzen, Williams, Pilecki NOES: Members: None ABSENT: Members: McGill President Pilecki moved to Item 8. 7. Consider adopting Resolution No. 2021-082 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 period of January 1-15, 2022 This agenda item was heard during a continuance of Item 5. Since this was the last Board meeting in December, Mr. Alm confirmed the proposed resolution only extends for 30 days, which would only cover the first scheduled Board meeting in January 2022 and not cover the Committee meetings in question. CENTRAL CONTRA COSTA SANITARY DISTRICT December 16, 2021 Board Meeting Minutes — Book 69-Page 280 The first Board meeting in January could have an agenda item to extend through the middle of February if applicable. Motion made by Member McGill to adopt the proposed resolution (through January 15, 2022); seconded by Member Lauritzen. Member Williams stated he will not look at this option long-term but rather on a meeting -to -meeting basis and that it is in the collective best interest to return in - person as quickly as possible. Member Hockett agreed. She stated she would consider this option today; however, is supportive to meeting in person. Additionally, as mentioned in Item 5 regarding the Board meeting start time change, she stated she would like to return to the original regular Board meeting time (1:30 p.m.) at some point. Ms. Young called a roll call vote of the motion. (Motion passed 4-1-0, Pilecki) President Pilecki opined it is time to meet in -person and would continue to vote no on this matter. Member McGill mentioned it was appropriate, under this agendized item, to receive input about his higher risk travel he stated during Item 5 and his in -person meeting attendance. He asked Mr. Alm if he could receive comment, to which Mr. Alm stated he could since a vote had been taken. The Board provided Member McGill with their individual perspectives. The agenda then moved back to continue Item 5 for a vote on that matter. BOARD ACTION: Motion was 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 period of January 1-15, 2022. Resolution No. 2021-080 (enacted for the month of December 2021) would then be replaced on January 1, 2022. Motion passed by the following roll call vote: AYES: Members: Hockett, Lauritzen, McGill, Williams NOES: Members: Pilecki ABSTAIN: Members: None 8. Receive overview and hold discussion regarding the California Business Roundtable's Proposition entitled the Taxpayer Protection and Government Accountability Act Communications and Government Relations Manager Emily Barnett provided an overview of the recently submitted proposition, which was at the Attorney General and had not gathered signatures at this time. She noted the negative content regarding impacts to the District's methodology and collection of rates and fees. Ms. Barnett stated concerns that should this proposition pass, it could have a ripple CENTRAL CONTRA COSTA SANITARY DISTRICT December 16, 2021 Board Meeting Minutes — Book 69-Page 281 effect for future legislation and other propositions. Ms. Barnett highlighted two main themes of staff concern: legal challenges and capacity fee repercussions. The Board and staff held a discussion of the implications, challenges, outreach options, future sewer charges, and the uncertainty of how wastewater utility operation "standards" would be defined. Ms. Barnett stated some member organizations are preparing comments to send to the Attorney General. The matter will go to the Legislative Analyst Office (LAO) and a report is due January 19, 2022. Initial concern is whether the matter will collect enough signatures by April to be on the November 2022 election ballot. She said member organizations from city/county/special district communities have expressed a lot of concern. Mr. Alm cautioned the LAO report may not deal with local agencies as there are separate sections that effect state government and affect the taxes/fees it charges; however, he anticipates the report will reflect substantial losses to government entities. Senior Engineer Thomas Brightbill and Director of Finance and Administration Philip Leiber responded in kind to President's Pilecki inquiry of how this proposition would affect ad valorem tax, in that they did not initially see anything of how the ad valorem would be divided nor consider it a concern. President Pilecki referred to a mention of ad valorem in the proposition letter and asked staff to research in order to gain more clarity of what it means. President Pilecki stated his initial reaction is that Central San needs to be prepared to deal with this issue and proposed the possibility of educational outreach. Member McGill opined it is premature as the proposition may not gather enough signatures. Member McGill stated this topic needs to be brought back as a periodic update to get a sense if its progress and impact. BOARD ACTION: Received the information and held discussion. 9. Consider approval of proposed Guiding Principles for Satellite Water Recycling Facility Projects This item was heard at the conclusion of the Consent Calendar. Resource Recovery Program Manager Melody LaBella stated the development of Guiding Principles had been recommended at a prior Board meeting and proposed to the Real Estate, Environmental & Planning (REEP) Committee in October. The materials provided with the agenda reflects the changes made since that meeting. She mentioned the Guiding Principles would be beneficial to the participants and Central San and noted a letter received from Diablo Country Club (DCC) which had been provided before the meeting. CENTRAL CONTRA COSTA SANITARY DISTRICT December 16, 2021 Board Meeting Minutes — Book 69-Page 282 Ms. LaBella then reviewed the five proposed Guiding Principles in detail. Notable highlights provided below. • Principle 1 — Cost Neutrality to rate payers; keeping with the beneficiary -pays value. • Principle 2 — Community Consent. In response to the letter received from DCC, slide 4 was amended to reflect Community Input rather than Community Consent. Member McGill opined with this change this principle now captures the essence intended. • Principle 3 — Wastewater Supply Availability. Ms. LaBella responded to questions posed by Members Williams and Lauritzen on this principle. Related to the fourth element of this principle, regarding Central San not approving other upstream diversions, Member Williams questioned if there could be a situation where someone wanted to tap into a larger trunk sewer where there is more than adequate supply and suggested editing this item so that there would be flexibility for such a situation. Ms. LaBella replied there could be a case where one of these projects is proposed closer to the treatment plant, where there is enough wastewater flow, and agreed that this protection would not be necessary. Member Lauritzen requested clarification of what being in development meant, construction, proposal, etc. as it pertains to this item. Ms. LaBella responded it would be early in the project, such as at the Memorandum of Understanding (MOU) stage since the amount of wastewater supply available is so crucial to these projects and could impact their feasibility. • Principle 4 — Mitigation of Technical and Operational Impacts. Member McGill stated this principle should be to maintain flow (in general), since the project may include an impoundment that could contribute flow back to Central San's collection system. He requested staff strike the word wastewater and just leave it as the minimum amount of flow. President Pilecki mentioned the discharge of very septic solid waste that could impact the treatment plant, and whether it should be considered in this statement. Ms. LaBella replied that she could easily capture the potential treatment plant impacts in this item and noted that an Environmental Compliance/Source Control permit would be required to discharge back into Central San's system and staff would condition it to protect the treatment plant from impacts. CENTRAL CONTRA COSTA SANITARY DISTRICT December 16, 2021 Board Meeting Minutes — Book 69-Page 283 Principle 5 — Readiness and Ability to Proceed. A discussion followed on this principle. Ms. LaBella stated it was inspired by the Moraga Country Club situation that executed an MOU in 2016; however, no progress has been made. Staff would like to sunset after a period of time lapsed, and include a two-year term in all preliminary MOUs and planning agreements. It was initially proposed as one-year to the REEP Committee; the Committee had expressed it would not be long enough. Member McGill stated he could see a two-year term for initial MOUs and a longer period of time once the project goes into the planning process. Measurement of upstream/downstream flows, community input and other tasks may need up to a five-year period. He suggested the applicant provide a timeline and reasoning. Staff provided input towards that suggestion. In the end, Ms. LaBella stated leaving open-ended is not desired and leads to uncertainty. Member McGill stated rather than approve with suggestions, he would prefer staff return with revised language based on today's meeting for Board approval at a future meeting. BOARD ACTION: Motion was made by Member McGill and seconded by Member Hockett to continue the consideration of the proposed principles to a future Board meeting to incorporate additional comments. Motion passed by unanimous roll call vote. At this point, the agenda returned the original order, beginning with Item 5. COVID-19 PANDEMIC RESPONSE 10. Receive update on Central San's response regarding the Coronavirus (COVID-19) pandemic This update was heard following the conclusion of Item 8. Ms. Barnett advised that since the report submittal, two employees had tested positive, which brings the District to nearly 30 cases. Due to the holiday season and Omicron variant, additional cases are anticipated. She noted the vaccinated are having less of an exposure impact. Lastly, Ms. Barnett commended Environment, Health and Safety Specialist John Ortega and the Human Resources division for the successful vaccination/booster shot clinic that was organized with the County and hosted onsite. BOARD ACTION: Received the update. CENTRAL CONTRA COSTA SANITARY DISTRICT December 16, 2021 Board Meeting Minutes — Book 69-Page 284 REPORTS AND ANNOUNCEMENTS 11. General Manager — Reports a. Receive Internal Audit Reports for the first-half of Fiscal Year 2021-22 Internal Auditor Benjamin Johnson presented his audit findings for the first- half of Fiscal Year 2021-22, as provided with the agenda materials, and praised the management team for swiftly implementing recommended improvements. Member McGill commended the reports and opined the identified items and integration were very good, which reflected the complexity of running an operation such Central San. He complimented Mr. Bailey for identifying a need to conduct internal audits, especially with changing software systems. President Pilecki stated the Administration Committee also reviewed the reports and found it notable that the new Enterprise Resource Planning (ERP) system has already undergone audits and areas to improve were identified early in its implementation. He was pleased about how quickly staff has responded to identify and fix areas that needed attention. BOARD ACTION: Received the internal audit reports. b. Receive Fiscal Year 2020-21 Strategic Plan Annual Report Due to time constraints, Mr. Bailey asked the Board if they preferred a presentation of Items 11.b. and 11.c., or if they had questions for staff. The Board had no questions and deferred to any feedback the Administration Committee desired to provide from their review. President Pilecki noted the Strategic Plan Annual Report reflected a good news status of the progress being made. BOARD ACTION: Received the annual report. C. Receive Optimizations Program Annual Report for Fiscal Year 2020-21 President Pilecki noted how he finds the many tasks and challenges that staff faces and addresses to be an amazing accomplishment. Member Hockett commented on her sense of pride in all staff is doing and their accomplishments are awesome achievements. BOARD ACTION: Received the report. CENTRAL CONTRA COSTA SANITARY DISTRICT December 16, 2021 Board Meeting Minutes — Book 69-Page 285 12. General Manaaer —Announcements a. Announcements — December 16, 2021 Mr. Bailey announced he hosted a meeting on December 15 with the General Managers of Contra Costa Water District, Stephen Welch, and East Bay Municipal Utility District, Clifford Chan. The meeting was organized to hold a visionary -type discussion regarding recycled water and the various complexities associated. It was agreed by all to form a focus group to develop innovative ideas and thoughts to utilize effluent produced at Central San and ways in which to treat, move, and distribute in an optimal fashion. Mr. Bailey opined it was a good discussion and stated more time will be spent on this topic to make the dreams of the community and the Board come true for recycled water use. BOARD ACTION: Received the announcements. 13. Counsel for the District - No report. 14. Secretary of the District Ms. Young announced the following items: Special Closed Session Board (virtual) meeting — Monday, December 27 at 3:00 p.m. The proposed schedule of 2022 Standing Board Committee meeting dates was in development and would be presented for approval at the January 13, 2022 Board meeting. BOARD ACTION: Received the announcements. 15. Board Members - Committee Minutes a. December 7, 2021 - Administration Committee - President Pilecki and Member Hockett (alternate) BOARD ACTION: Received the Committee minutes. 16. 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 - Member McGill provided a written report covering his announcements and other meetings, and noted one update to his report. He was unable to attend the California Association Local Agency Formation Commissions (CALAFCO) Coastal Region Roundtable on December 15. CENTRAL CONTRA COSTA SANITARY DISTRICT December 16, 2021 Board Meeting Minutes — Book 69-Page 286 Member Williams - No report. President Pilecki - No report. BOARD ACTION: Received the reports and announcements. 17. Board Members - Reauests for Stipend/Reimbursement or Conference Attendance No requests. 18. Board Members - Other Items a. Consider proposed changes to Contra Costa Special Districts Association (CCSDA) Bylaws Member McGill referred to the Memorandum and Bylaws provided in the agenda packet and stated his recommendation of approval. He then would cast a vote according to the Board's input or direction. BOARD ACTION: Motion was made by Member McGill and seconded by Member Lauritzen to approve the proposed changes to the CCSDA Bylaws. Motion passed by unanimous roll call vote. EMERGENCY SITUATIONS None. REQUESTS FOR FUTURE AGENDA ITEMS None. ANNOUNCE CLOSED SESSION (pursuant to Government Code Section 54957.7) President Pilecki announced the cancellation of the agendized closed session, Item 19 that related to a conference with labor negotiators. ADJOURNMENT The meeting was adjourned at 4:25 p.m. - 4 PI(tAt- Tad J. Pilecki President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California CENTRAL CONTRA COSTA SANITARY DISTRICT December 16, 2021 Board Meeting Minutes — Book 69-Page 287 COUNTERSIGNED: Katie Young Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California