Loading...
HomeMy WebLinkAbout01.a. Approve minutes of meeting held 04-07-2022 Page 1 of 14 Item 1.a. Af A- hmm CENTRALSAN CENTRAL CONTRA COSTA SANITARY DISTRICT April 21, 2022 TO: HONORABLE BOARD OF DIRECTORS FROM: KATIE YOUNG, SECRETARYOF THE DISTRICT SUBJECT: APRIL 7, 2022 BOARD MEETING MINUTES Attached are the draft minutes of the above Board meeting. ATTACHMENTS: 1. Draft Minutes of 04-07-22 meeting April 21, 2022 Regular Board Meeting Agenda Packet- Page 6 of 135 Page 2 of 14 _ CENTRAL SAN CONTRACENTRAL •STA SANITARY DISTRICT 5019 IMHOFFPLACE, MINUTES* BOARD OF DIRECTORS: DAVID R. WILLIAMS President REGULAR BOARD MEETING BARBARA D.HOCKETT Multi-Purpose President Pro Tent Thursday, April 7, 2022 MARIAHN LAURITZEN 2.3 m. MICHAEL R.MCGILL p TAD J.PILECKI DRAFT Open Session — Multi-Purpose Room (Video recorded) NOTICE This Board of Directors participated in-person in the specified meeting room with a virtual public participation option pursuant to findings made by the Board on March 17, 2022, and the provisions under Assembly Bill (AB) 361. The agenda provided the 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.- Members: Hockett, McGill, Pilecki, Williams ABSENT. Members: Lauritzen (joined briefly for Item 15) 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 Williams announced Member Lauritzen would not be able to attend the meeting due to work requirements; however, she had requested virtual participation for Item 15. These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. April 21, 2022 Regular Board Meeting Agenda Packet- Page 7 of 135 Page 3 of 14 CENTRAL CONTRA COSTA SANITARY DISTRICT April 7, 2022 Board Meeting Minutes-Page 2 He asked for the Board's concurrence to take Item 15 out of order after the Consent Calendar to allow for Member Lauritzen's participation. Member Pilecki requested clarification of the ability to participate virtually in conjunction with the recent Board action taken at the last meeting to adopt the AB 361 meeting provisions. District Counsel Kenton Alm confirmed her participation would be allowable. The Board concurred with the agenda modification request. Mr. Alm stated for the record and for the benefit of the public that the request was unanimously acceptable by the Board Members present. Member McGill suggested hearing Item 15 as the first item of business before closed session for efficiency and it was agreed upon. President Williams clarified the unanimous Board acceptance for the record. The agenda moved to Item 15. ANNOUNCE CLOSED SESSION (pursuant to Government Code Section 54957.7) Upon the conclusion of Item 15, Mr. Alm announced that a closed session would be held for Item 1. RECESS TO CLOSED SESSION The Board recessed at 2:45 p.m. to reconvene in closed session in the Caucus Room. Closed Session (Not video recorded) CLOSED SESSION 1. Personnel matters pursuant to Government Code Section 54957(b)(1) - Performance Evaluation for following member of Executive Management Team: General Manager RECESS TO OPEN SESSION The Board recessed at 3:10 p.m. to reconvene in open session in the Multi-Purpose Room. REPORT OUT OF CLOSED SESSION President Williams stated there was no report; however, he requested a future open session agenda item regarding the General Manager's compensation. With members of the public present to address the Board, President Williams then moved to Item 14 as the next order of business. Upon conclusion of Item 14, the agenda reverted to the original order, beginning with the Consent Calendar. April 21, 2022 Regular Board Meeting Agenda Packet- Page 8 of 135 Page 4 of 14 CENTRAL CONTRA COSTA SANITARYDISTRICT April 7, 2022 Board Meeting Minutes -Page 3 CONSENT CALENDAR 2. Approve the following: a. March 17, 2022 Regular Board meeting minutes b. March 24, 2022 Special Board meeting minutes 3. Approve expenditures incurred February 11, 2022 through March 10, 2022 4. Receive Quarterly Financial Review for quarter ending December 31, 2021 5. Receive Financial Overview through the month of January 2022 6. Receive Financial Overview through the month of February 2022 7. Receive the 2021 Annual Deferred Compensation Report encompassing Central San's 457(b) Deferred Compensation, 401(a) Money Purchase, and 401(h) Retirement Health Savings Plans 8. Adopt Resolution No. 2022-021 accepting a Grant of Easement, regarding Toll Brothers/Shapell and City of San Ramon, Job 6447 in San Ramon for a sanitary sewer easement and authorizing staff to record the documents with the Contra Costa County Recorder 9. Adopt Resolution No. 2022-022 accepting irrevocable offers of dedications from Ponderosa Homes II, Inc. for sanitary sewer easements and authorizing staff to record the resolution with the Contra Costa County Recorder 10. Adopt Resolution No. 2022-023 authorizing execution of a Real Property Agreement for property located at 2255 Ygnacio Valley Road, Walnut Creek, and authorizing staff to record the documents with the Contra Costa County Recorder 11. Authorize the General Manager to execute a construction change order in an amount not to exceed $328,000 with K.J. Woods Construction, Inc., to include the Eccleston Avenue/Oak Park Boulevard Sewer Replacement adjacent to the new Pleasant Hill Library under the Collection System Sewer Renovation, Phase 1, District Project 8451; and find the project is exempt from the California Environmental Quality Act The Consent Calendar was heard at the conclusion of Item 14. BOARD ACTION: Motion was made by Member Hockett and seconded by Member McGill to adopt the Consent Calendar as recommended. Motion passed by the following roll call vote: AYES: Members: Hockett, McGill, Pilecki, Williams NOES: Members: None ABSENT: Members: Lauritzen April 21, 2022 Regular Board Meeting Agenda Packet- Page 9 of 135 Page 5 of 14 CENTRAL CONTRA COSTA SANITARY DISTRICT April 7, 2022 Board Meeting Minutes-Page 4 COVID-19 PANDEMIC RESPONSE 12. Receive update on Central San's response regarding the Coronavirus (COVID-19) pandemic Communication Services and Government Relations Manager Emily Barnett presented an overview of the update provided in advance of the meeting and responded to limited comments. BOARD ACTION: Received the update. 13. Receive report and hold a discussion regarding COVID - The Future of Remote Working Member Pilecki suggested the Board receive the staff presentation and any public comments, but to table discussion until the next meeting when all members could be present and to provide an opportunity to thoroughly review the supplemental information received prior to the meeting. Member McGill stated although he was not opposed to tabling the discussion, the presentation and comments may warrant some initial dialogue. General Manager Roger S. Bailey stated this was a difficult, but necessary conversation regarding the future of telework at the District. The presentation today would provide the opportunity to understand the process Central San has gone through to get to where it is currently, hear options on how to move forward, and decide whether to table a discussion or come to a decision. Mr. Bailey stated he thought it was necessary for the Board to receive the supplemental information so it could see, verbatim, thoughts and comments received from staff and management. Staff engagement also included discussions with the unions. He provided insight of his participation in the General Managers'roundtable discussions, as well as challenges other agencies and companies are facing related to this topic for those that have and have-not teleworked during the pandemic. This conversation is not unique to Central San; however, he opined the District has done more than most agencies and is reflected in the data to be presented. Director of Finance and Administration Philip Leiber presented an overview of the information provided in the agenda materials and responded to inquiries by the Board. Member Pilecki opined it would be helpful to know the implementation process other agencies are undertaking for those providing telework options, whether by policy or a memorandum of understanding, such as with bargaining units. Discussion was sparked around the presentation slides covering the advantages and disadvantages, and the range of teleworking alternatives. Mr. Leiber noted April 21, 2022 Regular Board Meeting Agenda Packet- Page 10 of 135 Page 6 of 14 CENTRAL CONTRA COSTA SANITARY DISTRICT April 7, 2022 Board Meeting Minutes-Page 5 some feedback received from staff was their findings of an increase in productivity being remote. President Williams asked if a quantitative/qualitative metric was available to measure this perception of working better at home. Member Pilecki agreed and stated interest to receive studies, depicting information one way or the other. Mr. Bailey and Mr. Leiber responded that no quantitative data to support reports of productivity at home have been found. Mr. Leiber added news articles reflect an interest to have flexibility for work-life balance, lessen commute, and other benefits. Relative to survey responses received, President Williams opined another disadvantage maybe viewed with a tiered system of `haves'and `have-nots.' A range of Board Member opinions were shared pertaining to staff performance or challenges, supervisor/management oversight, and evaluating such issues. Mr. Leiber acknowledged the comments and opined it would not be easy and would need to be defined, but some form of accountability would be essential. Mr. Bailey reviewed a new presentation slide that reflected four options for consideration; the fourth option included to provide an opportunity for other thoughts. In response to President Williams'inquiry of what was desired today, Mr. Bailey stated he was seeking feedback as there are varying perspectives amongst Board Members and staff. It is not a matter of what is right or wrong, but rather what is the Board's preference. At this point, written and verbal public comments were received by the Board. Ms. Berumen read a written statement prepared by Collection System Operations Maintenance Supervisor Ed Silva into the record. The statement spoke of various positive aspects to physically being at work. Real Property Agent Kathleen Rodriguez read a prepared statement. She reflected on the various challenges faced by staff personally and professionally, an importance of flexible work schedules for all staff, and foster workplace inclusion. Management Support/Confidential Group (MS/CG) President Tim Potter addressed the Board. Mr. Potter spoke of the many challenges that were faced with the pandemic and noted the efficiency that continued by staff to meet the District's mission. He spoke in favor of considering all options moving forward, including a hybrid work schedule for applicable positions. Member Pilecki asked Mr. Potter his opinion of how to solve the prior discussion of the `have and have-nots'and the differences of positions that can and cannot work remotely. Mr. Potter responded that every position is different, and provided examples of options that may provide creative approaches to provide flexibility for various work groups. He also spoke of the importance of high level communications for the design and implementation to optimize defined strategies and criteria. April 21, 2022 Regular Board Meeting Agenda Packet- Page 11 of 135 Page 7 of 14 CENTRAL CONTRA COSTA SANITARY DISTRICT April 7, 2022 Board Meeting Minutes-Page 6 Ms. Berumen read two additional written comments into the record received electronically during the discussion, both submitted anonymously and in support of a flexible work schedule. Member McGill opined this matter is an operating issue, which is delegated to the General Manager. He stated his support of a decision by the General Manager and advised to not make any decision permanent. Member McGill also stated support of a hybrid work option and suggested continuing the item to the next Board meeting to review the data received. Mr. Alm replied to inquiry by President Williams whether remote work would increase liability to the District. He stated there was no legal information at this time. In response to President Williams asking about associated costs related to hybrid work, Mr. Bailey stated at this time it is an unknown factor. He spoke about another organization providing a stipend to its employees for related remote work costs. President Williams acknowledged the complexities of this topic and, although this was initially thought to be a temporary situation, how it has continued for two years and is an opportunity to change course. Member Hockett spoke of the experience gained and staff accomplishments being remote over the last two years. She opined it is the decision of the General Manager, and was open to a hybrid approach. In addition, she stated it would be the responsibility of the managers to make informed decisions; both managers and employees would earn this opportunity with accountability and responsibility. Member Pilecki spoke of challenges a tiered system can create and potential for resistance from those that can versus those that cannot work remote. He opined standards should be put in place and the Board should provide the General Manager with guidance. He stated this matter is a policy issue, not an operational matter. President Williams stated Option 3 as presented provided for the development of standards the General Manager would follow and he would keep the Board apprised. Member McGill made a motion to table the discussion to the next meeting and clarified the deferral was to allow full Board participation and to review the supplemental data received prior to the meeting. BOARD ACTION: Received the information and held a discussion. Motion was made by Member McGill and seconded by Member Pilecki to table the discussion to the next Board meeting. Motion passed by the following roll call vote: AYES: Members: Hockett, McGill, Pilecki, Williams NOES: Members: None ABSENT: Members: Lauritzen April 21, 2022 Regular Board Meeting Agenda Packet- Page 12 of 135 Page 8 of 14 CENTRAL CONTRA COSTA SANITARY DISTRICT April 7, 2022 Board Meeting Minutes-Page 7 President Williams addressed the Board. He stated some topics may lead to an emotional or passionate discussion and asked the Board Members to keep in the mind how such dialogue may be perceived. Mr. Bailey stated that the decision to table this item reflects the difficulty in the nature of this issue and also requested staff to not be fearful of what may happen in the future, but to remember the positive and flexible actions taken within the last two years of the pandemic. In response to a request for clarification from President Williams, Mr. Bailey confirmed he had the direction needed from prior Board meeting discussions to move forward on a broad direction of a return-to-office approach. OTHER BOARD ACTION ITEMS 14. Receive overview and hold a discussion regarding Net Zero Carbon Footprint This item was heard after the Report Out of Closed Session. As this topic was at the request of Member Lauritzen, there was discussion whether to table the item to the next meeting in its entirety to have all Board Members present, or whether to hear the public comments and have initial dialogue. The Board concurred to hear the following public comments. Ms. Jan Warren thanked the District for continuing its reliable services and proactive infrastructure replacements, and stated her support of a zero emissions policy. She stated that the District is a forward thinking organization and with more participants to support zero emissions, the faster it will occur. Dr. Carol Weed, a family practice physician, thanked the Board for considering the net zero emissions carbon footprint for both health and environmental reasons. She noted disease can be tied with carbon excess in air and water pollution. Ms. Kim Domptail stated interest in hearing the District's net zero planning efforts. Ms. Marti Roach, co-leader of the local policy action team 350 Contra Costa, commended the Board for reviewing how the District may adopt a zero waste approach. She stated waste reduction is vital to reduce greenhouse emissions and to achieve cleaner and healthier air, and provided three specific points for the Board to consider: 1. An action plan is an important and essential way to be accountable to the public; 2. The three scoping levels to get to zero waste that will be reviewed shows the District's willingness to look at its operations and encourage employees in the efforts, and foster a commitment in this area; April 21, 2022 Regular Board Meeting Agenda Packet- Page 13 of 135 Page 9 of 14 CENTRAL CONTRA COSTA SANITARY DISTRICT April 7, 2022 Board Meeting Minutes-Page 8 3. The District may want to consider collaboration with Contra Costa County and how efforts may be combined with their draft Climate Action Plan that includes three different strategies about waste. Member McGill made a motion to table the discussion with the presentation to the next meeting, Member Hockett seconded the motion. Member McGill commented that he agreed with the public speakers, and stated his support of net zero; however, cautioned the matter is complex and the topic should not be approached short shrift and to be thoughtful in the review and discussion. Member Pilecki stated he liked the approach to review this topic and expressed a concern that ultimately cost does matter. The goal to reach net zero by year 2050 is good, however, if it will be a high expense to get to net zero, he would like to also review options to reduce other sources of pollution that may offset at a lower cost. President Williams concurred on the complexity of this matter and thanked the public for their comments and participation. BOARD ACTION: Received public comments. Motion was made by Member McGill and seconded by Member Pilecki to table the presentation and a discussion to the next Board meeting. Motion passed by the following roll call vote: AYES: Members: Hockett, McGill, Pilecki, Williams NOES: Members: None ABSENT: Members: Lauritzen Upon conclusion, the agenda moved to the Consent Calendar. 15. Consider renewal of findings pursuant to the Brown Act provisions provided under Assembly Bill 361 to continue the use of teleconference/hybrid participation for Board and Board Committee meetings for the period of April 8 through May 5, 2022 This item was heard immediately after Requests to Consider Matters Out of Order. The Board discussed the action taken at the last meeting to use AB 361 guidelines for thirty days. Member Pilecki asked for clarification of the action taken at the last meeting that the Board agreed to meet in-person for Board meetings and use of virtual meetings for Committee meetings, and that the Board Policy regarding teleconferencing would be reviewed in the near future. President Williams stated the Board acted upon the AB 361 provisions for thirty days with the Board informally agreeing to meet in-person for Board meetings. Member Lauritzen joined the meeting virtually. April 21, 2022 Regular Board Meeting Agenda Packet- Page 14 of 135 Page 10 of 14 CENTRAL CONTRA COSTA SANITARYDISTRICT April 7, 2022 Board Meeting Minutes -Page 9 MOTION was made by Member Hockett to duplicate the motion from the last meeting, and stated it would provide flexibility. Mr. Alm clarified the motion would include the required findings as stipulated in the agenda materials. Member McGill read aloud the motion from the March 17 meeting minutes: "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." Member Hockett concurred with the clarified motion language as read, Member Lauritzen seconded. President Williams opined as elected officials, it was owed to the public to meet in-person, but would vote in favor for another thirty days usage. BOARD ACTION: Motion was made by Member Hockett and seconded by Member Lauritzen 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 with all Board Members present. Upon conclusion, Member Lauritzen left the meeting and the agenda moved back to announcement of the closed session. LEGISLATIVE MATTERS 16. Receive update on pending legislative matters and provide direction on priority legislation Ms. Barnett provided an overview of several key matters listed on the Central San 2022 Priority Legislative Tracking Sheet dated April 6, 2022, provided in advance of the meeting. These key matters focused on Items 9 through 17 of the tracking sheet and staff seeking Board agreement of recommended positions on those items. Staff recommended the following Assembly Bill (AB) and Senate Bill (SB) stances: • `Support'position:AB 2864, ABI 724, AB 2449, and AB 2647 (listed as Items 9 through 12); • `Watch'position: AB 1994, AB 2787, AB 2528, and SB 1439 (listed as Items 13 through 16); and • `Oppose'position of SB 1345 (Item 17) regarding dig-safe legislation as it pertains to USA markings of sewer lines. April 21, 2022 Regular Board Meeting Agenda Packet- Page 15 of 135 Page 11 of 14 CENTRAL CONTRA COSTA SANITARYDISTRICT April 7, 2022 Board Meeting Minutes -Page 10 BOARD ACTION: Motion was made by Member Pilecki and seconded by Member McGill to support staff's position for Items 9 through 17, as indicated on the Priority Legislative Tracking Sheet dated April 6, 2022. Motion passed by the following roll call vote: AYES: Members: Hockett, McGill, Pilecki, Williams NOES: Members: None ABSENT: Members: Lauritzen REPORTS AND ANNOUNCEMENTS 17. General Manager—Announcements a. Announcements — April 7, 2022 Other than the announcements included in the agenda materials, no further announcements were made during the meeting. Mr. Bailey stated his appreciation to the Board for their deliberation, to staff for their engagement in the conversations associated with the future of remote work discussion, and for all the contributions staff has made for the District. BOARD ACTION: Received the announcements. 18. Counsel for the District - None. 19. Secretary of the District Ms. Berumen announced the following upcoming Committee meetings: • Administration - Tuesday, April 12 at 1:00 p.m. • Finance - Tuesday, April 19 at 2:00 p.m. • Real Estate, Environmental & Planning - Friday, April 22 at 8:30 a.m. BOARD ACTION: Received the announcements. 20. Board Members - Committee Minutes a. March 14, 2022 - Special Finance Committee - Chair McGill and President Williams b. March 16, 2022 - Engineering & Operations Committee - Chair Lauritzen and Member Pilecki (alternate) C. March 22, 2022 - Regular Finance Committee - Chair McGill and President Williams April 21, 2022 Regular Board Meeting Agenda Packet- Page 16 of 135 Page 12 of 14 CENTRAL CONTRA COSTA SANITARY DISTRICT April 7, 2022 Board Meeting Minutes-Page 11 d. March 23, 2022 - Real Estate, Environmental & Planning Committee - Chair Hockett and President Williams Member McGill mentioned the March 22 Finance Committee meeting discussion regarding the level of Board Member fiduciary responsibilities as part of the deferred compensation plan, and the suggestion of an overview training for the Finance Committee, as well as Board Members. Staff will provide information of a local training opportunity for the Board's review. 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 • March 21, 2022 - Contra Costa Special Districts Association (CCSDA) Chapter Meeting (virtual) Member McGill Member McGill provided a written report covering his announcements and other meetings. Member Pilecki - No report. President Williams - No report. BOARD ACTION: Received the reports and announcements. 22. Board Members - Requests for Stipend/Reimbursement or Conference Attendance No requests. 23. Board Members - Other Items a. Provide voting direction on how to cast the District's vote for a regular Special District seat up for election on the Contra Costa Local Area Formation Commission (LAFCO) As the LAFCO Board liaison, Member Pilecki provided an overview of the nominated parties and his recommendation to cast the District's vote for the current incumbent Igor Skaredoff. Motion was made by Member McGill and seconded by Member Hockett to cast the District's vote for Igor Skaredoff. Motion passed by the following roll call vote: AYES: Members: Hockett, McGill, Pilecki, Williams NOES: Members: None ABSENT: Members: Lauritzen April 21, 2022 Regular Board Meeting Agenda Packet- Page 17 of 135 Page 13 of 14 CENTRAL CONTRA COSTA SANITARYDISTRICT April 7, 2022 Board Meeting Minutes -Page 12 EMERGENCY SITUATIONS 24. Receive update on and continue authorization for an emergency declared on March 22, 2022, of a broken force main in Orinda Collection System Operations Division Manager Paul Seitz provided a brief overview of the situation and an update that three invoices were pending in order to close the project, estimated to be received soon. Mr. Seitz advised an investigation is underway to determine why the force main was not marked as per District protocol. He stated that staff plans to provide an update to the Engineering and Operations Committee when the investigation is finalized. He extended sincere appreciation for the team effort and staff support from the Capital Projects, Communications, and Risk Management divisions. Member McGill recalled a similar, recent event in the Orinda area, but noted he had not received any negative feedback of this situation and that crews were able to capture the flow before reaching a nearby reservoir. Member Pilecki inquired whether steps have been made to electrify force mains as a locating mechanism or any other line marking improvement. Mr. Seitz replied that the Orinda area has been prone to more overflows than other cities; however, staff keeps a cognizant watch and has doubled the amount of sewer line cleanings and root removal. He has contacted the Capital Projects Division and a workgroup will be formed to review the service area with a focus on force mains, creeks and creek crossings, watersheds, as well as improved location marking options for the force mains. BOARD ACTION: Received the update. Motion made by Member McGill and seconded by Member Pilecki to continue the emergency situation pending receipt of outstanding invoices. Motion passed by the following roll call vote: AYES: Members: Hockett, McGill, Pilecki, Williams NOES: Members: None ABSENT: Members: Lauritzen REQUESTS FOR FUTURE AGENDA ITEMS No requests. April 21, 2022 Regular Board Meeting Agenda Packet- Page 18 of 135 Page 14 of 14 CENTRAL CONTRA COSTA SANITARY DISTRICT April 7, 2022 Board Meeting Minutes-Page 13 ADJOURNMENT The meeting was adjourned at 5:44 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 21, 2022 Regular Board Meeting Agenda Packet- Page 19 of 135