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HomeMy WebLinkAbout02.a. Approve minutes of meeting held 04-21-22 Page 1 of 11 Item 2.a. CENTRALSAN jdf A- hom CENTRAL CONTRA COSTA SANITARY DISTRICT May 5, 2022 TO: HONORABLE BOARD OF DIRECTORS FROM: KATIE YOUNG, SECRETARYOF THE DISTRICT SUBJECT: APRIL 21, 2022 BOARD MEETING MINUTES Attached are the draft minutes of the above Board meeting. ATTACHMENTS: 1. Draft Minutes of 04-21-22 meeting May 5, 2022 Regular Board Meeting Agenda Packet- Page 9 of 261 Item 2.a. (Handout) _ � CENTRAL SAN Updated Draft Minutes CONTRACENTRAL •STA SANITARY DISTRICT 5019 IMHOFFPLACE, MINUTES* BOARD OF DIRECTORS: DAVID R. WILLIAMS President REGULAR BOARD MEETING BARBARA D.HOCKETT Multi-Purpose Room President Pro Tent Thursday, April 21, 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 April 7, 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 of the District Katie Young called roll: PRESENT. Members: Hockett, Lauritzen, McGill, Pilecki, Williams 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 None. These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. CENTRAL CONTRA COSTA SANITARYDISTRICT April 21, 2022 Board Meeting Minutes -Page 2 CONSENT CALENDAR 1. Approve the following: a. April 7, 2022 Board meeting minutes 2. Confirm publication of uncodified District Ordinance No. 319 summary 3. Set a public hearing for May 26, 2022 at 2:30 p.m. to receive comments on proposed updates to various sections of the District Code and consider adoption of a codified Ordinance of those changes 4. Set a public hearing for May 26, 2022 at 2:30 p.m. to receive comments on confirming and levying final assessments for Cordell Drive West Contractual Assessment District (CAD) No. 2021-1 in Danville, directing that the Fiscal Year 2022-23 assessments be collected on the Contra Costa County tax roll; and considering adoption of an uncodified Ordinance to establish reimbursement fees for the properties which could directly connect to Job 6727 5. Set a public hearing for June 2, 2022 at 2:30 p.m. to receive public comment on adopting an uncodified Ordinance amending the Schedule of Environmental and Development-related Fees and Charges 6. Approve replacing a vacant Maintenance Planner position (G-71, $4,462 - $5,402 bi- weekly) with an Associate Engineer position (S-79, $5,425 - $6,559 bi-weekly) 7. Approve revisions to Board Policy No. BP 010 - Contractual Assessment Districts 8. Authorize the General Manager to amend an existing professional engineering services agreement in an amount not to exceed $1.2 million with Stantec Consulting Services, Inc., increasing the agreement cost ceiling from $4,562,000 to $5,762,000 for engineering support services for the Filter Plant and Clearwell Improvements and the Wet Weather Basin Improvements projects; and find the project is exempt from the California Environmental Quality Act District Counsel Kenton L. Alm requested Item 3 on the Consent Calendar be removed and deferred to a future meeting. Mr. Alm advised the District Code updates would be reviewed by the Administration Committee and may not be ready to conduct the public hearing as proposed, but staff would return at a future meeting to set the public hearing. BOARD ACTION: Motion was made by Member Hockett and seconded by Member Lauritzen to adopt Items 1, 2, and 4 through 8 on the Consent Calendar as recommended. Motion passed by unanimous vote. CENTRAL CONTRA COSTA SANITARYDISTRICT April 21, 2022 Board Meeting Minutes -Page 3 PUBLIC HEARINGS 9. Conduct a public hearing in accordance with Ordinance No. 304 to consider the financial condition of Central San with respect to the current need for the previously adopted Fiscal Year (FY) 2022-23 Sewer Service Charge (SSC) rate of $690 for a single-family residence and FY 2022-23 rates for all other user groups Planning and Development Services Manager Danea Gemmell reviewed the presentation included in the agenda materials. Mr. Alm advised that per Ordinance No. 304, should the Board continue with the prior approved rate increase to $690 rate, no action is necessary. A motion could be made to confirm the decision but would be required should the Board decide to increase by a lesser SSC amount. President Williams opened the public hearing. There being no public comment, the hearing was immediately closed. President Williams invited Board discussion. Member McGill provided a brief summary of the presentation for the benefit of the public, providing highlights as to Central San's best practices and District operations. BOARD ACTION: Conducted the public hearing. Motion was made by Member Pilecki and seconded by Member Hockett to leave unchanged the 4.5% SSC rate previously approved for Fiscal Year 2022-23. Motion passed by unanimous roll call vote. OTHER BOARD ACTION ITEMS 10. Receive overview and hold a discussion regarding Net Zero Carbon Footprint (continued from the April 7, 2022 Board meeting) Ogie Strogatz, resident of unincorporated Walnut Creek and member of the leadership team of 350 Contra Costa, expressed her strong support for Central San to create a plan to go to a net zero emission and operations approach. Resource Recovery Program Manager Melody LaBella reviewed the presentation included in the agenda material and answered several questions from the Board Members. Ms. LaBella provided the Board with staff's next recommend steps that included a consultant evaluation, Board Workshop, and drafting a Board policy. Member McGill opined that customers may be willing to pay more for net zero as it is more beneficial to the environment, but there is not a large sample of people surveyed. It was suggested to provide a customer survey to the ratepayers. Director of Engineering and Technical Service Jean-Marc Petit discussed the cost of the net zero concept and how it would be based on a case-by-case project. CENTRAL CONTRA COSTA SANITARY DISTRICT April 21, 2022 Board Meeting Minutes-Page 4 Member Lauritzen stated that having projects that will reduce emission when approaching from a net zero prospective could result in an improvement of costs. BOARD ACTION: Received the information and held a discussion. Motion was made by Member McGill, seconded by Member Lauritzen to move forward with the recommended next steps as presented and provided above. Motion passed by unanimous vote. 11. Authorize the General Manager to execute a professional engineering services agreement in an amount not to exceed $250,000 with Cal Engineering & Geology, Inc. to provide geotechnical assistance for the Wet Weather Basin Improvements, District Project 100022 and other as-needed services; and find the recommended agreement is exempt from the California Environmental Quality Act Member Pilecki inquired about the option for one of the other four consultants that were considered as part of the selection process to provide the geotechnical work needed for this project. Mr. Petit responded that there was a Request for Proposal (RFP) performed, a panel of scores and interviews conducted, and there was a recommendation to move forward with Cal Engineering. Member Pilecki expressed concern regarding an attorney-client confidential memorandum the Board received that the process may have been compromised, even though an issue was discovered after the selection process. Co-founder of Cal Engineering and Geology, Phil Gregory, addressed the Board and apologized for the situation that resulted in an apparent conflict of interest, and which put a burden on Central San staff to address. He spoke of the numerous agencies his firm has worked with and stated that the issue of concern had nothing to do with a disregard of the importance of a clean contracting process but happened due to a lack of thorough due diligence to confirm there was no potential conflict with the District of a staff member's employment. Mr. Gregory stated he and his firm strive for transparency and do not take any process lightly. Member Pilecki expressed his appreciation for Mr. Gregory providing an explanation and opined it is an important part of the process. In response to a question posed by President Williams, Mr. Petit advised that the situation was investigated and rectified, a change in project management with Cal Engineering was verified, and that there is no conflict of interest. Member Lauritzen expressed her appreciation to staff for addressing the issue quickly and appreciated the attentiveness and bringing the matter to the Board's attention and providing communication, rather than focusing on a value of an appearance of perfection. Member Pilecki clarified that he is comfortable with the process but that the situation that occurred with outside of the Board's control. CENTRAL CONTRA COSTA SANITARYDISTRICT April 21, 2022 Board Meeting Minutes -Page 5 BOARD ACTION: Motion was made by Member McGill and seconded by Member Lauritzen to authorize the General Manager to execute a professional services agreement in an amount not to exceed $250,000 with Cal Engineering & Geology, Inc. for geotechnical assistance services; and find the agreement is exempt from CEQA. Motion passed by unanimous vote. COVID-19 PANDEMIC RESPONSE 12. Continue discussion from the April 7, 2022 Board meeting regarding COVID - The Future of Remote Working Director of Administration and Finance Philip Leiber reviewed four options included in the presentation. General Manager Roger S. Bailey advised that Option 4 had been added since the previous Board meeting to provide an opportunity to discuss additional compensation and/or administrative leave for those who are unable to telework. There was a discussion of detail provided on the different options proposed. Mr. Bailey advised the entire Management Team will have an offsite session on April 22, 2022 and, depending on Board action today, will come up with a policy and criteria for the decision made. Member Pilecki inquired if the policy would apply to all staff, including managers, senior engineers and superintendents, as he opined it would be hard to manage staff via a computer. Mr. Bailey responded that a separate arrangement will be discussed with management but that his desire to remain flexible is key. Member Lauritzen expressed support of Option 3 and stated that the working culture has changed, and the District needs to remain flexible. She opined that Mr. Bailey, as the General Manager, should be allowed to make the decision on this policy. At this time, Ms. Young read two public comments into the record. The first written comment was received anonymously, that expressed concern about the appearance of"have and have not's"and the need for equity for those who are unable to telework. The second written public comment received was from Debbie Miller. Ms. Miller expressed deep concern and displeasure of Board Member interactions and comments made, and that were allowed to occur with no intervention at the April 7, 2022 meeting. Member Pilecki stated that, despite the public comment made, it was not his intention to ever mistreat Member Hockett but that has some strong views on these CENTRAL CONTRA COSTA SANITARY DISTRICT April 21, 2022 Board Meeting Minutes-Page 6 topics given his experience and knowledge of the District. He proceeded to read a prepared statement that addressed issues including the need to develop something to recognize employees for the last two years during the pandemic; ensuring a balance between the desire of some employees to work from home with the need to ensure productivity and responsiveness for internal and external customers; the concern that a tiered system will be created of employees who can and cannot work from home. Member Pilecki noted complaints that he has received in the past regarding customer service and stated that the District needs to be careful and maintain the level of service customers are accustomed to receiving. He further stated that he is not supportive of a blanket work from home approach and but he is interested in considering the alternative work schedule system, which would have ways to benefit everyone. In response to a question posed by Member McGill of costs incurred, Mr. Leiber advised that the District has received approximately$996,000 to date in COVID- relief reimbursement and staff anticipates receipt of several hundred thousands of reimbursed costs in the future. Member Hockett stated her support of staff working from home and opined it is feasible option at the District. She stated that the General Manager, in partnership with management staff, will be able to come up with a flexible program. President Williams stated that he trusts the General Manager to make an informed decision and that the continuation of emotional outpouring of support to continue the teleworking option is a good thing. Mr. Bailey reiterated that this a continuous process and flexibility is key. Standards will be incorporated, and the program will be reviewed in six months but for now is a temporary situation. Member Hockett stated that the working world has dramatically changed and remote work can be measured and be a positive situation. She requested not to send the message to employees that this program is only temporary, and the Board and General Manager need to be clear when offering this program. Mr. Bailey agreed that staff needs to be given a sense of stability but understand that if the program is not working, it will need to be fixed. Member Hockett agreed and stated that teleworking is something that should be earned. There was a question regarding reports on remote work productivity requested at the prior meeting. Mr. Leiber advised that there have not been specific studies identified that could be cited as authoritative in all cases, and that productivity conclusions would likely depend on many variables specific to various situations. Member Pilecki again expressed his concerns of equity for those employees who are unable to work from home. CENTRAL CONTRA COSTA SANITARY DISTRICT April 21, 2022 Board Meeting Minutes-Page 7 BOARD ACTION: Motion was made by Member McGill and seconded by Member Lauritzen to delegate to the General Manager to provide for limited teleworking, an interim/pilot arrangement with flexibility by group, and to develop a long-term policy. Motion passed (4-1-0, Pilecki no). Regarding Option 4, Mr. Bailey asked the Board if they would like to provide those employees who are unable to telework with additional leave or pay. Mr. Alm advised that perception of giving pay for past work could be considered a gift of public funds. He continued that the Board could however, set up a program for additional compensation or leave going forward. Member McGill opined that this decision should be deferred to the General Manager and he would like to see what other agencies are deciding to do regarding additional compensation and/or leave. Member Pilecki suggested the General Manager and team should discuss this option and return to the Board should they want to pursue further. Member Lauritzen opined it was not the right time to make this decision. Member Hockett stated that she is not supportive of this option. President Williams opined that the Board had already come up with creative operating schemes through the pandemic and that not one employee lost any benefits or pay. In response to a question posed by President Williams, Mr. Bailey stated that there were over 13,000 reserved hours that the District paid to employees, to confirm that no one lost any wages. Human Resources and Organizational Development Manager Teji O'Malley advised that the Santa Clara Water District is the only agency that has provided an additional compensation benefit to employees, which occurred in January 2022. Mr. Bailey stated that he would like to perform a benchmark of the dynamic situation and if there is a drastic difference he would return to the Board for further conversation. At this time, the Board took a five-minute recess. CENTRAL CONTRA COSTA SANITARYDISTRICT April 21, 2022 Board Meeting Minutes -Page 8 REPORTS AND ANNOUNCEMENTS 13. General Manager— Reports a. Receive annual update on Strategic Risk Inventory / Enterprise Risk Management (ERM) Program Risk Management Administrator Shari Deutsch reviewed the presentation included in the agenda materials. BOARD ACTION: Received the update. b. Receive Fiscal Year 2020-21 Risk Management Annual Report Due to time constraints this item was tabled to a future meeting. BOARD ACTION: Deferred the agenda item to a future meeting. C. Receive list of pending Board and Standing Committee future agenda items BOARD ACTION: Received the list. 14. General Manager—Announcements a. Announcements — April 21, 2022 Other than the announcements included in the agenda materials, Mr. Bailey announced that he would be attending the National Association of Clean Water Agency (NA CWA) Annual Water Week next week. BOARD ACTION: Received the announcements. 15. Counsel for the District - No report. 16. Secretary of the District Ms. Young announced the following upcoming Board and Committee meetings: Real Estate, Environmental & Planning — Friday, April 22 at 8:30 a.m. Administration — Tuesday, May 3 at 1:00 p.m. Engineering & Operations — Wednesday, May 4 at 11:00 a.m. Regular Board Meeting— Thursday, May 5 at 2:30 p.m. Member McGill announced that he may not attend the May 26, 2022 Board Meeting. BOARD ACTION: Received the announcements. CENTRAL CONTRA COSTA SANITARYDISTRICT April 21, 2022 Board Meeting Minutes -Page 9 17. Board Members - Committee Minutes a. April 6, 2022 - Engineering & Operations Committee - Chair Lauritzen and Member Hockett b. April 12, 2022 - Administration Committee - Chair Pilecki and Member Lauritzen BOARD ACTION: Received the Committee minutes. 18. Board Members - Reports and Announcements Board Member reports on recent meetings or conferences for which they received the stipend or for which the District paid their expenses. a. Member Hockett - No report. Member Lauritzen - No report. Member McGill - Member McGill provided a written report covering his announcements and other meetings. Member Pilecki • April 5, 2022 - City of Pleasant Hill State of the City Mayor's Breakfast, Pleasant Hill Community Center • April 13, 2022 - Contra Costa Local Agency Formation Commission (LAFCO) (virtual) President Williams • April 12, 2022 - Walnut Creek State of the Chamber Breakfast, Boundary Oak BOARD ACTION: Received the reports and announcements. 19. Board Members - Requests for Stipend/Reimbursement or Conference Attendance No requests. EMERGENCY SITUATIONS None. REQUESTS FOR FUTURE AGENDA ITEMS None. CENTRAL CONTRA COSTA SANITARY DISTRICT April 21, 2022 Board Meeting Minutes-Page 10 ADJOURNMENT The meeting was adjourned at 4:56 p.m. David R. Williams President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Katie Young Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California