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HomeMy WebLinkAbout02.a. Approve minutes of meeting held 03-17-2022 Page 1 of 11 Item 2.a. CENTRALSAN jdf A- hom CENTRAL CONTRA COSTA SANITARY DISTRICT April 7, 2022 TO: HONORABLE BOARD OF DIRECTORS FROM: KATIE YOUNG, SECRETARYOF THE DISTRICT SUBJECT: MARCH 17, 2022 REGULAR BOARD MEETING MINUTES Attached are the draft minutes of the above Board meeting. ATTACHMENTS: 1. Draft Minutes of 03-17-22 meeting April 7, 2022 Regular Board Meeting Agenda Packet- Page 7 of 194 Page 2 of 11 CENTRAL SAN CENTRAL CONTRA COSTA • MINUTES* BOARD OF DIRECTORS: DAVID R. WILLIAMS President REGULAR BOARD MEETING BARBARA D.HOCKETT Virtual Meeting President Pro Tent Thursday, March 17, 2022 MARIAHN LAURITZEN 2:30 p.m. M>cHTA�JPiEcKI CRAFT Open Session — Virtual Meeting (Video recorded) NOTICE This meeting was held virtually pursuant to Central San Resolution 2022-009. 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 (AB) 361. 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 Williams at 2.30 p.m. Secretary Pro Tem Amelia Berumen called roll.- PRESENT: oll.PRESENT: Members. Hockett, Lauritzen (joined during Item 6), McGill, Pilecki, Williams ABSENT: Members: None PLEDGE OF ALLEGIANCE Ms. Berumen recited the Pledge of Allegiance. PUBLIC COMMENT PERIOD No comments. REQUESTS TO CONSIDER MATTERS OUT OF ORDER General Manager Roger S. Bailey requested Item 6 be heard after the Consent Calendar. These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. April 7, 2022 Regular Board Meeting Agenda Packet- Page 8 of 194 Page 3 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT March 17, 2022 Board Meeting Minutes- Page 2 CONSENT CALENDAR 1. Approve the following: a. March 3, 2022 Board meeting minutes 2. Approve canceling a vacant Utility Worker position (G-55, $2,901.60 - $3,514.40 Bi- Weekly) and adding a Lead Maintenance Crew Member position (G-67, $3,866.40 - $4,678.40 Bi-Weekly) 3. Authorize the General Manager to increase an existing support services contract with Emtec Consulting Services LLC in an amount not to exceed $350,000, increasing the cost ceiling to $750,000 for ongoing system support of the Enterprise Resource Planning Replacement, District Project 8250 4. Set a public hearing for April 21, 2022 at 2:30 p.m. to consider the approved Sewer Service Charge (SSC) rates for Fiscal Year 2022-23 BOARD ACTION: Motion was made by Member McGill and seconded by Member Hockett to adopt the Consent Calendar as recommended. Motion passed by the following roll call vote: AYES: Members: Hockett, McGill, Pilecki, Williams NOES: None ABSENT: Members: Lauritzen After the Consent Calendar, Item 6 was heard as the next order of business. At the conclusion of Item 6, the agenda then reverted back to the original order, starting with Item 5. PUBLIC HEARINGS 5. Conduct a public hearing for annual review of Board Member compensation and benefits Member Hockett questioned the lapse in time since the last setting of a stipend amount and opined it was unusual to not have a cost of living adjustment (COLA) within that 10-year period, adding that a public servant should be compensated for their service. President Williams opened the public hearing. There being no public comment, the hearing was immediately closed. President Williams invited Board discussion. Member Pilecki reflected on the historical aspect of the current stipend level and the comparisons provided in the agenda materials, and stated he was prepared to make a motion to increase the stipend from $185 to $200, an increase of less than 1 since 2012, pending other Board discussion. April 7, 2022 Regular Board Meeting Agenda Packet- Page 9 of 194 Page 4 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT March 17, 2022 Board Meeting Minutes-Page 3 Member Lauritzen inquired about building a set COLA into the stipend to stay steady in terms of buy-in power over the course of the years. She later added it was her preference to take regular COLA into account for wages. A discussion ensued. District Counsel Kenton L. Alm advised there is a provision to increase the amount of compensation per a statutory defined day of service. There is a separate statute to consider and set compensation at an annual meeting. Using Member Pilecki's consideration of raising the compensation to $200 was thought to be a small figure in comparison and would be permissible; next year it could be increased further at another hearing. Each subsequent year's increase or decrease would need to be discussed during a public hearing, with an action, if so desired. Based on this explanation, a rolling COLA, other than what is statutorily defined, is not permissible. An increase in the stipend would be considered a COLA as allowed. It was clarified that the permissible increase is 5% per year since the last set adjustment. Member McGill also reflected on historical aspects of when the stipend was decreased in 2012, which was made as a gesture in solidarity to the recession at that time. He mentioned, since then, the Board had been hesitant to raise the stipend amount. However, he was open to an increase. Member Pilecki added he was not prepared to accept the maximum allowable increase to $277.50 as it would place Central San at the top of the comparison list (ref. Exhibit F); he would prefer to stay within the middle of the comparable agencies and evaluate annually. President Williams stated his position was focused more on the total compensation for Board Members rather than only the stipend amount and how it compares in that regard, similar to employee negotiations. He analyzed the materials provided and noted Central San is near the top of the 25 agencies surveyed. He opined the Board is well compensated and an increase in stipend would not be warranted. After further discussion, Member Pilecki made a motion to increase the Board stipend to $200 for 2022, which would amend the District Code by ordinance, as provided. BOARD ACTION: Conducted the public hearing. Motion was made by Member Pilecki and seconded by Member Hockett to increase the Board Member stipend from $185 to $200, amending Title 2, District Code Section 2.04.030. Motion passed by the following roll call vote: AYES: Members: Hockett, Lauritzen, McGill, Pilecki NOES: Members: Williams ABSENT: None April 7, 2022 Regular Board Meeting Agenda Packet- Page 10 of 194 Page 5 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT March 17, 2022 Board Meeting Minutes- Page 4 COVID-19 PANDEMIC RESPONSE 6. Receive update on Central San's response regarding the Coronavirus (COVID-19) pandemic Ms. Berumen announced a public comment request had been received from Central San Real Property Agent Kathleen Rodriguez. Ms. Rodriguez addressed the Board and asked for their support to implement a continued hybrid work model for applicable positions, as the District moves towards post-pandemic operations, in order to provide a work-life balance option for employees. She opined it would help improve morale and employee retention. Additionally, she requested the Board to survey the employees and not rush the return-to-office decision. Members McGill and Lauritzen, and President Williams thanked Ms. Rodriguez for her comments. Communications and Government Relations Manager Emily Barnett responded to limited questions of the update provided in advance of the meeting. Member Pilecki stated he received positive comments from customers that received letters from the District on the efforts underway to test wastewater for COVID detection and how pleased they were of the District being proactive in this regard. BOARD ACTION: Received the update. OTHER BOARD ACTION ITEMS 7. Consider adopting Resolution No. 2022-019 reauthorizing 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 March 18 through April 7, 2022 The Board Members provided their individual perspectives on this matter. A general consensus was to return to in-person meetings; however, some concern of newer strain variants discussed earlier in the meeting posed questions on necessary safety protocols. Member Lauritzen stated she would like to bifurcate the proposed resolution and consider in-person meetings as an incremental change but to continue with a hybrid style for Committee meetings for another month. Mr. Alm responded to inquiry if this could be considered, to which he responded yes; however, he also noted the use of the Multi-Purpose Room for Board meetings provides an adequate ability for social distancing, a recommendation by the County Health Services. April 7, 2022 Regular Board Meeting Agenda Packet- Page 11 of 194 Page 6 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT March 17, 2022 Board Meeting Minutes- Page 5 Member McGill mentioned the Contra Costa County Board of Supervisors recently adopted a modification to the hybrid style that provided such participation for the public and employees, while the supervisors would meet in person. Member Hockett opined the County has lifted many requirements, many businesses have reopened, and was in favor of meeting on site for all meetings. President Williams stated his view that the most effective means is to meet face-to- face and, putting personal conveniences aside, the Board owed it as elected officials to the public for effective communications. MOTION was made by Member Hockett and seconded by President Williams to adopt Option B of the agenda material (do not adopt the proposed resolution that would continue with AB 361 provisions and conduct meetings pursuant to the Brown Act guidelines as stipulated). Mr. Alm replied to inquiry by Member Pilecki that should this pass, Board Member teleconference capability would be allowable, but with proper agendized notification of location and with public access accommodations at that location. Motion failed by the following roll call vote: AYES: Members: Hockett and Williams NOES: Members: Lauritzen, McGill and Pilecki ABSENT: None MOTION was made by Member Pilecki and seconded by Member Lauritzen to return to in-person meetings for Board meetings, continue with virtual/hybrid meetings for Committee meetings, and revisit at the April 7 Board meeting. Discussion followed. Member Pilecki restated his MOTION for the Board to meet in-person for Board meetings and workshops with public and staff participation by a virtual option, and Committee meetings to continue meeting via virtual/hybrid means. Member Lauritzen seconded. Further discussion ensued, including amending the proposed resolution to ready for execution after the vote, if approved. Member Lauritzen requested clarification of reauthorizing virtual/hybrid meeting participation as motioned. Mr. Alm stated a motion could be made to make the two necessary findings required for the use of AB 361 provisions. 1) an emergency remains in place at the state level, and 2) the local health department continues to recommend social distancing. That motion and Board acceptance would be used in place of a resolution. A stipulation could be added that Board Members agreed to be present for Board meetings and workshops, not necessarily Committee meetings. Member Pilecki withdrew his motion so that Member Lauritzen could restate her proposed motion. April 7, 2022 Regular Board Meeting Agenda Packet- Page 12 of 194 Page 7 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT March 17, 2022 Board Meeting Minutes- Page 6 MOTION was made by Member Lauritzen and seconded by Member Pilecki to adopt Option A of the agenda material (adopt the proposed resolution to re-authorize virtual/hybrid meetings pursuant to Brown Act provisions provided under AB 361 for the time period stated) with the understanding Board Members would attend in-person for Board meetings and workshops. Ms. Berumen requested clarification that the new motion would adopt the proposed resolution with the exception to strike out the inclusion of Board meetings discussed earlier, rather than the language Mr. Alm recommended in lieu of a resolution. Upon request of the Board, Mr. Alm clarified the MOTION would include the following in lieu of a resolution for 30 days: continue to proceed with virtual meetings under AB 361; the state emergency remains in place and the local health department continues to recommend social distancing. BOARD ACTION: Motion was made by Member Lauritzen and seconded by Member Pilecki to continue to proceed with virtual meetings under AB 361; find the state emergency remains in place and the local health department continues to recommend social distancing; with the understanding Board Members will attend Board meetings and workshops in-person and not necessarily for Committee meetings, for the next 30 days. Motion passed by unanimous roll call vote. Upon conclusion of the vote, additional discussion followed at length. Member Lauritzen revisited Member McGill's earlier statement regarding the Board of Supervisors hybrid modification to allow the public to continue virtual participation. She stated her interest to take similar action once everyone returns in person. Member Pilecki inquired whether there would still be flexibility for staff and the public to attend virtually once all meetings revert back to standard Brown Act regulations rather than AB 361 provisions that have been operated under since late September 2021. He stated an answer could be brought back at a future meeting. Mr. Alm stated he would report back any findings at a future meeting regarding continuity of public virtual participation post use of AB 361 provisions. President Williams inquired about the latest Board direction provided to Mr. Bailey to authorize telecommuting at the District as necessary and whether any clarification was needed. Member Pilecki advised the Administration Committee will be reviewing the Board Policy pertaining to Board Member teleconferencing at its April meeting; the Committee will recommend any modifications that may be warranted for Board approval. April 7, 2022 Regular Board Meeting Agenda Packet- Page 13 of 194 Page 8 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT March 17, 2022 Board Meeting Minutes-Page 7 As it relates to staff, Mr. Bailey confirmed the Board provided him the discretion to determine when to bring staff on-site, with a 30-day notice. That discretion remains in place. 8. Receive overview and hold a discussion regarding Diversity, Equity, and Inclusion (DEI) Human Resources and Organizational Development Manager Teji O'Malley introduced Bernardo Ferdman, Ph.D., of Ferdman Consulting who was selected to provide insight and guidance on this topic, as directed by the Board at a prior meeting. Dr. Ferdman had provided an in-depth presentation to the DEI Ad Hoc Committee and was invited to share a condensed overview as an informational introduction to the Board, discuss the current planned next steps to advance the initiative at the District, and to continue discussion with staff. Dr. Ferdman complimented the civility of the Board meeting interactions and Ms. Rodriguez for her public comment. He then provided an interactive presentation of the complexities of this topic, engaged the Board in thoughtful discussion, and responded to Board Member inquiries and their shared thoughts. Mr. Bailey stated the current plan as outlined in the presentation will continue unless the Board had other suggestions or ideas. The Board was satisfied with the next steps as presented, which include management engagement, learning and alignment; staff engagement and involvement; assessment design, launch and interpretation; and lastly, deciding on the next steps of an overall approach. Staff and Dr. Ferdman will continue their preliminary ground work and report the findings at a future meeting. BOARD ACTION: Received the information and held a discussion. REPORTS AND ANNOUNCEMENTS 9. General Manager—Announcements a. Announcements — March 17, 2022 Other than the announcements included in the agenda materials, no further announcements were made during the meeting. Mr. Bailey thanked Ms. Rodriguez for taking the opportunity to provide her comments and suggestions for consideration. BOARD ACTION: Received the announcements. 10. Counsel for the District — No report. April 7, 2022 Regular Board Meeting Agenda Packet- Page 14 of 194 Page 9 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT March 17, 2022 Board Meeting Minutes- Page 8 11. Secretary of the District Ms. Berumen announced the following upcoming Board and Committee meetings: • Finance — Tuesday, March 22 at 2:00 p.m. • Real Estate, Environmental & Planning — Wednesday, March 23 at 9:00 a.m. • Board Financial Planning Workshop — Thursday, March 24 at 12:00 p.m. • Engineering & Operations — Wednesday, April 6 at 11:00 a.m. BOARD ACTION: Received the announcements. 12. Board Members - Committee Minutes a. March 1, 2022 - Administration Committee - Chair Pilecki and Member Lauritzen BOARD ACTION: Received the Committee minutes. 13. 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 • March 6-9, 2022 - Annual WateReuse Symposium in San Antonio, Texas Member McGill also provided a written report covering his announcements and other meetings. He highlighted the WateReuse Symposium, and noted that California appears to be leading the nation in many efforts. His takeaway was Mr. Bailey's approach to engage other agencies on the beneficial use of treated wastewater is on-point and opined the Board should provide him and the community the support needed. Member Pilecki - No report. President Williams - No report. BOARD ACTION: Received the reports and announcements. 14. Board Members - Requests for Stipend/Reimbursement or Conference Attendance None. April 7, 2022 Regular Board Meeting Agenda Packet- Page 15 of 194 Page 10 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT March 17, 2022 Board Meeting Minutes- Page 9 15. Board Members - Other Items a. Hold discussion regarding the annual Board of Directors good governance self-assessment update and workshop facilitation The Board Members shared varied opinions on the facilitation for the next good governance Board workshop. Some members expressed their satisfaction with the prior workshop facilitator. The overall consensus was to explore other facilitator options for consideration. Mr. Bailey provided a few suggestions of consultant leads to reach out for interest and ideas. The Board concurred and also gave Mr. Bailey the discretion to move beyond the areas mentioned as necessary. BOARD ACTION: Held discussion and provided direction to staff. 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 16. RECESS TO CLOSED SESSION The Board recessed at 5.21 p.m. to reconvene in closed session. Closed Session (Not video recorded) CLOSED SESSION 16. Conference with labor negotiators pursuant to Government Code Section 54957.6: District Negotiators: • Roger S. Bailey, General Manager • Kenton L. Alm, Esq., District Counsel Group: Unrepresented at-will employees RECESS TO OPEN SESSION The Board recessed at 6:06 p.m. to reconvene in open session. April 7, 2022 Regular Board Meeting Agenda Packet- Page 16 of 194 Page 11 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT March 17, 2022 Board Meeting Minutes- Page 10 REPORT OUT OF CLOSED SESSION No report. ADJOURNMENT The meeting was adjourned at 6:07 p.m. David R. Williams President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Amelia Berumen Secretary Pro Tem Central Contra Costa Sanitary District County of Contra Costa, State of California April 7, 2022 Regular Board Meeting Agenda Packet- Page 17 of 194