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HomeMy WebLinkAbout02.a. Approve minutes of meeting held 05-05-2022 Page 1 of 10 Item 2.a. CENTRALSAN jdf A- hom CENTRAL CONTRA COSTA SANITARY DISTRICT May 26, 2022 TO: HONORABLE BOARD OF DIRECTORS FROM: KATIE YOUNG, SECRETARYOF THE DISTRICT SUBJECT: MAY 5, 2022 BOARD MEETING MINUTES Attached are the draft minutes of the above Board meeting. ATTACHMENTS: 1. Draft Minutes of 05-05-22 meeting May 26, 2022 Special Board Meeting Agenda Packet- Page 13 of 532 Page 2 of 10 CENTRAL SAN CENTRAL CONTRA COSTA • MINUTES* BOARD OF DIRECTORS: DAVID R. WILLIAMS President REGULAR BOARD MEETING BARBARA D.HOCKETT Multi-Purpose Room President Pro Tent Thursday, May 5, 2022 MARIAHN LAURITZEN 2:30 p.m. M>cHTA�JPiEcKI D RAFT 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. May 26, 2022 Special Board Meeting Agenda Packet- Page 14 of 532 Page 3 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT May 5, 2022 Board Meeting Minutes- Page 2 AWARDS AND PRESENTATIONS 1. Receive the California Water Environment Association (CWEA) 2021 Statewide First Place award for Community Engagement and Outreach Program of the Year CWEA President Arvind Akela presented the award for Community Engagement and Outreach Program of the Year. BOARD ACTION: Received the award. CONSENT CALENDAR 2. Approve the following: a. April 21, 2022 Board meeting minutes 3. Approve expenditures incurred March 11, 2022 through April 7, 2022 4. Adopt Resolution No. 2022-024 commending Lisa M. Borba for her service on the Contra Costa Water District Board of Directors 5. Set a public hearing for June 2, 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 6. Set public hearing for June 16, 2022 at 2:30 p.m. to receive public comment on adopting the Central San Budget for Fiscal Year 2022-23 7. Set a public hearing for June 16, 2022 at 2:30 p.m. to receive public comment on adopting an uncodified Ordinance amending the Schedule of Capacity Fees In regard to Item 4, Member McGill expressed his appreciation to Ms. Borba for all of her service and great working relationship with the District. BOARD ACTION: Motion was made by Member McGill and seconded by Member Lauritzen to adopt the Consent Calendar as recommended. Motion passed by unanimous vote. COVID-19 PANDEMIC RESPONSE 8. Receive update on Central San's response regarding the Coronavirus (COVID-19) pandemic Member Pilecki inquired whether any changes have come about from the County Health Department or other response agencies given an uptick in the wastewater testing. Human Resource and Organizational Manager Teji O'Malley advised there have been no prospective of changes as of today that would amend the District's May 26, 2022 Special Board Meeting Agenda Packet- Page 15 of 532 Page 4 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT May 5, 2022 Board Meeting Minutes- Page 3 Exposure Prevention Plan, but staff continues to monitor any information from various agencies. Communications and Governmental Relations Manager Emily Barnett advised of the most recent guidance for holding public meetings that was released in April by the County Health Services. In regard to a question posed by President Williams, Ms. Barnett stated she was not aware of any inclination to transition from a pandemic to endemic status. She noted the new strains seem to have less of a death rate or impact and any long-term health implications are still unknown. BOARD ACTION: Received the update. OTHER BOARD ACTION ITEMS 9. Receive overview of the California Sanitation Risk Management Authority (CSRMA) Pooled Liability Program; and consider authorizing the General Manager to select and purchase the best available liability insurance program prior to the July 1, 2022 policy renewal period P.J. Skarlanic, Vice President, Alliant Insurance Services, Inc. and Risk Management Administrator Shari Deutsch presented an overview of the CSRMA Pooled Liability Program. They answered several questions from the Board Members. Ms. Deutsch also summarized the pros and cons of switching to the pooled excess liability cap program, including differences in claims processing. Discussion was held regarding aspects of the program, including a question posed by Member Pilecki regarding the ability to select attorneys who would handle litigation claims. Ms. Deutsch advised there are a number of attorneys on their pre- approved panel, but the Board could ask to switch should they not be happy with the selection. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member McGill to authorize the General Manager to select and purchase the best available liability insurance program prior to the July 1, 2022 policy renewal period. Motion passed by unanimous vote. 10. Approve a third amendment to General Manager Roger S. Bailey's employment agreement to provide payment of any accumulated Paid Time Off (PTO) that exceeds the current cap of twice his annual limit, which is currently 480 hours, effective May 5, 2022 Member Pilecki requested clarification that this agreement would be continued going forward. President Williams confirmed that statement. May 26, 2022 Special Board Meeting Agenda Packet- Page 16 of 532 Page 5 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT May 5, 2022 Board Meeting Minutes- Page 4 BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Lauritzen to approve a third amendment to General Manager Roger S. Bailey's 2019 employment agreement, effective May 5, 2022, to provide payment of any accumulated Personal Time Off (PTO) that exceeds the current cap of twice his annual limit. Motion passed by unanimous vote. 11. Adopt a new plan document for an employee-funded Health Reimbursement Arrangement (HRA) Plan and execute an agreement with a third-party administrator, MissionSquare Retirement, to administer the HRA for the Unrepresented and Management Group employees; and authorize the District's Plan Administrator to execute and implement the required plan documents Member Pilecki requested confirmation that this HRA Plan only applies to those individuals hired after June 30, 2009. Ms. O'Malley confirmed that was correct. BOARD ACTION: Motion was made by Member Hockett and seconded by Member McGill to authorize the District's Plan Administrator to execute and implement a newly adopted employee-funded Health Reimbursement Arrangement (HRA) Plan for the Unrepresented and Management Group employee groups; and authorize a third-party administrator agreement with MissionSquare Retirement for the employee-funded plan. Motion passed by unanimous vote. 12. Approve the execution of an amended 401 a Money Purchase Plan Adoption Agreement with MissionSquare Retirement Member Pilecki expressed concerns about the one-time election of a 401a amount, as employees would not have the ability, including a financial emergency, to revise that selection. Mr. Bailey advised that staff has discussed this issue with Human Resources and a plan has been made to make sure new employees have the information and an explanation of the limited time (first day of employment) to decide, as well as being locked in on the decision during the onboarding process. Member Pilecki requested confirmation that this option is not available for existing employees. Finance Manager Kevin Mizuno confirmed this understanding was correct, that individual employees would not be able to make such a choice, but bargaining units or subgroups could agree to mandatory contribution amounts. BOARD ACTION: Motion was made by Member Hockett and seconded by Member Pilecki to approve the proposed 401a Money Purchase Plan Adoption Agreement amendment with MissionSquare Retirement as presented. Motion passed by unanimous vote. Member McGill inquired why Ms. Young announces the Board Member vote. Ms. Young explained it was to provide a confirmation for those that participate remotely of the intended action as it may not be visually apparent. District Counsel Kenton Alm stated he revisited the provisions of conducting teleconference-type meetings, and a roll call vote should be taken for all Board actions. May 26, 2022 Special Board Meeting Agenda Packet- Page 17 of 532 Page 6 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT May 5, 2022 Board Meeting Minutes- Page 5 13. 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 May 6 through June 2, 2022 Member Lauritzen expressed her desire to continue AB 361 and her concerns about not having public access. Staff assured the Board that access into the meeting room would be available to all members of the public should they choose to attend in person. BOARD ACTION: Motion was made by Member McGill and seconded by Member Hockett 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. 14. Consider approval of revisions to Board Policy No. BP 007 - Teleconferencing, including a retitle of the policy name Member Pilecki informed the Board that during the Administration Committee staff provided the proposed new policy option that incorporated the existing Board Policy with the Administrative Procedures. He noted the newly created document provided in the agenda packet incorporated comments/corrections from the Committee's review. Now included are the steps and procedures Board Members must abide by in order to teleconference when AB 361 is no longer in place. President Williams requested to include the track changes from the existing policy in the future. BOARD ACTION: Motion was made by Member Lauritzen and seconded by Member Pilecki to adopt the proposed revisions to Board Policy No. BP 007 as presented. Motion passed by unanimous roll call vote. LEGISLATIVE MATTERS 15. 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 28, 2022, included with the agenda materials. These key matters focused on Items 9 through 17 of the tracking sheet. BOARD ACTION: Received an update of various legislation bills. May 26, 2022 Special Board Meeting Agenda Packet- Page 18 of 532 Page 7 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT May 5, 2022 Board Meeting Minutes- Page 6 REPORTS AND ANNOUNCEMENTS 16. General Manager— Reports a. Receive Fiscal Year 2020-21 Risk Management Annual Report Ms. Deutsch reviewed the presentation included in the agenda materials. BOARD ACTION: Received the report. b. Receive annual update on Central San's Pollution Prevention Program Senior Environmental Compliance Inspector Colleen Henry reviewed the presentation included in the agenda materials. Member Pilecki expressed his appreciation and amazement of how far this complex program has come over the years. He gave kudos to all staff for continuing to educate the community and the public. BOARD ACTION: Received the update. C. Receive Environmental, Health, and Safety Program 2021 Annual Report Environment, Health and Safety Program Administrator Jerry Ledbetter reviewed the presentation included in the agenda materials. BOARD ACTION: Received the report. d. Receive update on the Asset Management program Senior Engineer Nitin Goel reviewed the presentation included in the agenda materials. In response to a question posed by Member McGill, Mr. Bailey opined staff has put together a great asset management program for the District's numerous assets. Member Pilecki stated that staff deserves a lot of the credit as there have been condition assessments performed throughout the District to help maintain the assets. BOARD ACTION: Received the update. e. Receive update on the Septic-to-Sewer (S2S) Financing Program Planning and Development Manager Danea Gemmell. reviewed the presentation included in the agenda materials. BOARD ACTION: Received the update. May 26, 2022 Special Board Meeting Agenda Packet- Page 19 of 532 Page 8 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT May 5, 2022 Board Meeting Minutes- Page 7 17. General Manager—Announcements a. Announcements — May 5, 2022 Other than the announcements included in the agenda materials, no further announcements were made during the meeting BOARD ACTION: Received the announcements. 18. Counsel for the District - No report. 19. Secretary of the District Ms. Young announced the following upcoming Board and Committee meetings: Special Finance Committee — Monday, May 9 at 2:30 p.m. Engineering & Operations Committee — Wednesday, May 11 at 11:00 a.m. Real Estate, Environmental & Planning Committee — Wednesday, May 18 at 9:00 a.m. Finance Committee — Tuesday, May 24 at 2:00 p.m. Special rescheduled Board Meeting— Thursday, May 26 at 2:30 p.m. BOARD ACTION: Received the announcements. 20. Board Members - Committee Minutes a. April 19, 2022 - Finance Committee - Chair McGill and President Williams b. April 22, 2022 - Real Estate, Environmental & Planning Committee — Chair Hockett and President Williams 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 • April 27, 2022 - Industrial Association of Contra Costa County (IACCC) Forum meeting, Pleasant Hill Member Lauritzen - No report. Member McGill April 27, 2022 - IACCC Forum meeting in Pleasant Hill Member McGill also provided a written report covering his announcements and other meetings. May 26, 2022 Special Board Meeting Agenda Packet- Page 20 of 532 Page 9 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT May 5, 2022 Board Meeting Minutes- Page 8 Member Pilecki - No report. President Williams • May 4, 2022 - Rossmore CEO staff. Touched on redistricting UAAL, HHW and Capital improvement program and RW. BOARD ACTION: Received the reports and announcements. 22. Board Members - Requests for Stipend/Reimbursement or Conference Attendance No requests. EMERGENCY SITUATIONS None. REQUESTS FOR FUTURE AGENDA ITEMS None. ANNOUNCE CLOSED SESSION (pursuant to Government Code Section 54957.7) District Counsel Kenton Alm announced that a closed session would be held for Item 23. RECESS TO CLOSED SESSION The Board recessed at 4.24 p.m. to reconvene in closed session in the Board Room. Closed Session (Not video recorded) CLOSED SESSION 23. Conference with labor negotiators pursuant to Government Code Section 54957.6: District Negotiators: • Roger S. Bailey, General Manager • Kenton L. Alm, Esq., District Counsel • Molly Kaban, Esq., Hanson Bridgett, Labor Counsel • Teji O'Malley, Human Resources and Organizational Development Manager Employee Organizations: • Employees' Association, Public Employees Union, Local One • Management Support/Confidential Group (MS/CG) • Management Group May 26, 2022 Special Board Meeting Agenda Packet- Page 21 of 532 Page 10 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT May 5, 2022 Board Meeting Minutes- Page 9 RECESS TO OPEN SESSION The Board recessed at 5:14 p.m. to reconvene in open session in the Multi-Purpose Room. REPORT OUT OF CLOSED SESSION No report. ADJOURNMENT The meeting was adjourned at 5:15 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 May 26, 2022 Special Board Meeting Agenda Packet- Page 22 of 532