HomeMy WebLinkAboutAdministration MINUTES 05-03-22 Page 2 of 7
_-
4r16), CENTRAL SAN
CENTRAL CONTRA COSTA SANITARY DISTRICT 5019 IMHOFF PLACE, MARTINEZ, CA 9A553-4392
BOARD OF DIRECTORS:
REGULAR MEETING OF THE DAVID R. wILLIAMs
President
CENTRAL CONTRA COSTA BARBARA D.HOCKETT
SANITARY DISTRICT President Pro Tent
ADMINISTRATION COMMITTEE MARIAHN.LR.MCG
MICHAEL R.MCGILLLL
TAD J PILECKI
MINUTES
PHONE: (925)228-9500
FAX- (925)372-0192
Tuesday, May 3, 2022 www.centralsan.org=
1:00 P.M.
(All attendees participated via videoconference)
Committee:
Chair Tad Pilecki
Member Mariah Lauritzen
Staff.-
Roger S. Bailey, General Manager (joined during Item 4.a.)
Kent Alm, District Counsel
Katie Young, Secretary of the District
Philip Leiber, Director of Finance and Administration
Steve McDonald, Director of Operations (joined during Item 4.a.)
Benjamin Johnson, Internal Auditor
Emily Barnett, Communications and Governmental Relations Manager (left during Item 4.a.)
Lori Schectel, Environment and Regulation Compliance Division Manager (left during Item 5.b.)
Teji O'Malley, Human Resources and Organizational Development Manager
Colleen Henry, Senior Enviornment Compliance Supervisor (left during Item 5.a.)
Thomas Brightbill, Senior Engineer (joined during Item 4.a., left after item 5.a.)
Christina Gee, Management Analyst
Amelia Berumen, Assistant to the Secretary of the District
1. Public Notice Regarding COVID-19
This meeting was conducted virtually in accordance with the provisions stipulated
in Assembly Bill 361 and adopted by the Central San Board of Directors on
April 7, 2022. The agenda included instructions for options in which the public could
participate in the meeting.
2. Call Meeting to Order
Chair Pilecki called the meeting to order at 1.00 p.m.
May 26, 2022 Special Board Meeting Agenda Packet- Page 511 of 532
Page 3 of 7
Administration Committee Minutes
May 3, 2022
Page 2
3. Public Comments
None.
4. Items for Committee Recommendation to Board
a. Review draft Position Paper in advance of a pending public hearing to
receive comment and consider adopting codified Ordinances amending
sections within District Code Titles 2, 4, 5, 7, 9, 10, and 11
Mr. Alm provided a short summary of the draft Position Paper included in
the agenda materials.
The Committee reviewed the proposed changes and provided the
following comments.
Chapter 2.04.010: Selection and term of President and President Pro Tem
In regard to a question posed by Chair Pilecki whether there should be
mention of the rotation of the President and President Pro Tem included in
this section, Mr. Alm advised that the rotation mentioned in the Board
Policy can be changed at any Board meeting with a majority vote; without
mention of the rotation in the District Code, it provides more flexibility to
the Board. (No change to be made.)
Chapter 4.12.010. Adoption of class descriptions and salaries
Chair Pilecki suggested adding that the salary schedule is adopted by the
Board.
Chapters 4.12.040: Change of classifications
Chair Pilecki inquired whether the meet and confer process mentioned in
this chapter covers the unrepresented.
Ms. O'Malley advised that there is no meet and confer obligation for the
unrepresented group. The Employer Employee Relations Ordinance
(SERO) outlined in Chapter 4 covers that the District only needs to meet
and confer with recognized bargaining units defined in that section. The
unrepresented employees are not recognized as a formal bargaining unit.
Chair Pilecki suggested adding a reference to the EERO in the Code.
Chapter 4.16.080: Temporary assignments
Member Lauritzen asked for further clarification on the term sick leave in
this section. Ms. O'Malley advised that in 2015, a law was passed to
obligate all employers to provide temporary employees with 24 hours of
May 26, 2022 Special Board Meeting Agenda Packet- Page 512 of 532
Page 4 of 7
Administration Committee Minutes
May 3, 2022
Page 3
sick leave. (Reference Board Policy No. BP 018.) (No change to be
made.)
Chapter 4.16.040: Medical Report
In response to a question posed by Chair Pilecki, Ms. O'Malley advised
that all "safety-sensitive"job classifications are required to pre-
employment drug testing and that the District has a matrix with
classifications that must receive testing. (No change to be made.)
Chapter 4.24.110:Administration of employer/employee ordinance
Chair Pilecki inquired about a time limit duration for the meetings and
requested including a duration reference to the Code if there is one.
Ms. O'Malley advised that she would research and provide the information.
Chapter 5.04.015: Properly licensed contractors
There was a discussion regarding descriptions of General "B"Contractors.
Mr. Alm explained that the existing code provision did not allow the District
to grant permits to `B"licensed contractors (contractor who performs two
trades beyond carpentry) and this change will allow for those contractors
to install lateral lines. (No change to be made.)
Chapter 7.02.020 Irrevocable offers of dedication, requirement of acceptance
Staff confirmed Member Lauritzen's request for clarification that the
corrections in this section are basically to simplify the code language.
In regard to Item D, Chair Pilecki suggested adding brackets around
"forms acceptable to the District"to provide clarification from the previous
sentence in the item.
Chapter 7.20.010 District right to access District facilities on private or
pub lic property
Chair Pilecki was pleased with this addition of the maintenance of access
roads to the Code.
Chapter 9.10.040 Ownership, maintenance and connection of side sewers
Chair Pilecki questioned whether language should be included that the
District will pay for the side sewer should it be a public nuisance. Mr. Alm
advised that the District intends on paying and will add that language.
May 26, 2022 Special Board Meeting Agenda Packet- Page 513 of 532
Page 5 of 7
Administration Committee Minutes
May 3, 2022
Page 4
Chapter 10— Source Control
Chair Pilecki pointed out that this Title chapter received the most changes
in the update and inquired if the District has been having issues. Mr. Alm
responded that there have been no issues but, every three to five years,
the federal law requires audited entities have source control programs
allow industrial discharges.
Regarding Chapter 10.04.020, Definitions:
• Item E, Member Lauritzen asked if testing Carbonaceous
Biochemical Oxygen Demand (CBOD) was a change in regulations.
Ms. Henry advised that the District requires the testing.
• Chair Pilecki requested that in the new Item TT a reference to a
Code section be included after the term "See Industrial Wastewater."
• Chair Pilecki inquired why the time-period was being removed in
Item VV. Ms. Henry advised that when an audit was performed, it
was suggested that the language was too restrictive.
The Committee Members, Mr. Alm and Ms. Young thanked Ms. Berumen
and staff for all of their hard work and dedication to the Code updates.
COMMITTEE ACTION: Reviewed, provided input to staff, and
recommended the Board conduct a public hearing to consider
proposed changes.
5. Other Items
a. Receive Strategic Plan Trackers for the third quarter of FY 2021-22
Ms. Gee reviewed the trackers included in the agenda materials.
Both Committee Members appreciated seeing all of the green columns,
representing the numerous items that have an "On Track/Revised
Approach"status.
COMMITTEE ACTION: Received and provided input to staff.
b. Receive report on Central San's Virtual Externship Program
Ms. Gee reviewed the presentation included in the agenda material.
Member Pilecki inquired if the externship would continue in the future.
Ms. Gee advised that staff is hoping to conduct another program in the
fall.
May 26, 2022 Special Board Meeting Agenda Packet- Page 514 of 532
Page 6 of 7
Administration Committee Minutes
May 3, 2022
Page 5
Member Pilecki suggested expanding the program to high school seniors
to influence them for college. Mr. Bailey advised that the District does
have a separate program for high school seniors.
Chair Lauritzen requested recorded sessions be provided on the website.
Ms. Gee advised that she is able to share a link to interested parties.
There was a discussion regarding all of the workforce development
programs offered at Central San or in conjunction with other related
agencies. Member Pilecki requested a presentation to the full Board of all
of the specific programs Central San currently participates or provides
(i.e., Central San Academy, BAYWORK, externship, etc.)
COMMITTEE ACTION: Received the report and requested a future
presentation to the Board of the various programs Central San is
involved.
C. Receive update of Contra Costa County Employees' Retirement
Association (CCCERA) refund of applicable employee contributions made
by Legacy status employees
Ms. O'Malley reviewed the memorandum included in the agenda
materials, advising that CCCERA conducts an actuarial valuation annually
in December to determine the contribution rates for employees and
employers. Those rates are then implemented by all CCCERA employers
18 months after the adoption of the valuation by the CCCERA Board of
Trustees and apply to all pensionable compensation
Ms. O'Malley stated that with the passage of Assembly Bill (AB) 197 and
now the Supreme Court decision, certain elements of compensation are
no longer pensionable and should not have been included in the
calculations. The fact that some of these changes were implemented
retroactively, now requires a refund of the contributions.
Both terminal pay and stand-by pay have now been determined to be non-
pensionable. Terminal pay items included any payments made to the
employee at the time of retirement and contributions were collected on
those items through June 30, 2015. Any contribution rates calculated and
collected after June 30, 2015, were not inclusive of any terminal pay
items. Stand-by pay was also included, and contributions were collected
on that pay item up through March 31, 2021.
The principal amount owed to current and former District employees in the
aggregate, for terminal pay is $89,677 and$141,203 for stand-by pay.
CCCERA is currently calculating the refunds owed to each employee
along with any interest owed and will be issuing these refunds directly to
employees in the summer of 2022.
May 26, 2022 Special Board Meeting Agenda Packet- Page 515 of 532
Page 7 of 7
Administration Committee Minutes
May 3, 2022
Page 6
Member Pilecki inquired about the retirees and straddling. Mr. Alm
advised that this did not address straddling, which was not permitted years
ago, and a judge ruled excess collection for straddling.
Member Pilecki requested a future agenda item regarding an update on
the estoppel class, a group of employees created under the litigation that
dealt with pension reform.
COMMITTEE ACTION: Received the update and requested an update
of the estoppel class at a future meeting.
6. Announcements
None.
7. Suggestions for Future Agenda Items
a. Receive list of upcoming agenda items and provide suggestions for any
other future agenda items
There were no further suggestions/requests besides the two mentioned
above (estoppel class update and a future presentation on Central San's
educational programs).
COMMITTEE ACTION: Received the list and provided input to staff.
8. Future Scheduled Meetings
Tuesday, June 7, 2022 at 1:00 p.m.
Tuesday, July 5, 2022 at 1 :00 p.m.
Tuesday, August 2, 2022 at 1 :00 p.m.
9. Adjournment — at 2:15 p.m.
May 26, 2022 Special Board Meeting Agenda Packet- Page 516 of 532