HomeMy WebLinkAboutBOARD MINUTES 04-07-22 CENTRALSAN
CONTRACENTRAL •STA SANITARY DISTRICT 5019 IMHOFFPLACE,
MINUTES* BOARD OF DIRECTORS.•
DAVID R WILLMMS
President
REGULAR BOARD MEETING
BARBARA D.HOCKETT
Multi-Purpose President Pro Tem
Thursday, April 7, 2022 MARIAHNLAURITZEN
2.30 nl. MICHAEL R.MCGILL
p' TAD J.PILECKI
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.
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.
These summary minutes are supplemented by a corresponding video recording available on the District's
website at centralsan.org.
Book 70—Page 55
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April 7, 2022 Board Meeting Minutes—Book 70-Page 56
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.
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April 7, 2022 Board Meeting Minutes—Book 70-Page 57
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
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April 7, 2022 Board Meeting Minutes—Book 70-Page 58
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
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April 7, 2022 Board Meeting Minutes—Book 70-Page 59
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 may be 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.
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April 7, 2022 Board Meeting Minutes—Book 70-Page 60
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
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April 7, 2022 Board Meeting Minutes-Book 70-Page 61
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;
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April 7, 2022 Board Meeting Minutes—Book 70-Page 62
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.
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April 7, 2022 Board Meeting Minutes—Book 70-Page 63
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
inutes:"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, AB 1724, 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.
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April 7, 2022 Board Meeting Minutes-Book 70-Page 64
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
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April 7, 2022 Board Meeting Minutes—Book 70-Page 65
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 - Reguests 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
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April 7, 2022 Board Meeting Minutes—Book 70-Page 66
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.
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April 7, 2022 Board Meeting Minutes—Book 70-Page 67
ADJOURNMENT
The meeting was adjourned at 5:44 p.m.
r
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