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HomeMy WebLinkAbout01.a. Approve minutes of meeting held 05-26-22 Page 1 of 12 Item 1.a. CENTRALSAN jdf A- hom CENTRAL CONTRA COSTA SANITARY DISTRICT June 16, 2022 TO: HONORABLE BOARD OF DIRECTORS FROM: KATIE YOUNG, SECRETARYOF THE DISTRICT SUBJECT: MAY26, 2022 SPECIAL BOARD MEETING MINUTES Attached are the draft minutes of the above Board meeting. ATTACHMENTS: 1. Draft Minutes of 05-26-22 meeting June 16, 2022 Regular Board Meeting Agenda Packet- Page 8 of 771 Page 2 of 12 = OCENTRALSAN CONTRACENTRAL •STA SANITARY DISTRICT 5019 IMHOFF MINUTES* BOARD OF DIRECTORS: DAVID R. WILLIAMS President SPECIAL BOARD MEETING BARBARA D.HOCKETT Virtual Meeting President Pro Tent Thursday, May 26, 2022 MARIAHN LAURITZEN 2:30 p.m. MIcHTA�JPLEcKI DRAFT Open Session (Video recorded) NOTICE This meeting was held virtually pursuant to findings made by the Board of Directors on May 5, 2022, under Assembly Bill (AB) 361 provisions related to the COVID-19 pandemic. The agenda provided options in which members of the public could participate. ROLL CALL A special 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, Lauritzen, McGill, Pilecki, Williams ABSENT. Members: None PLEDGE OF ALLEGIANCE Ms. Berumen recited the Pledge of Allegiance. PUBLIC COMMENT PERIOD A written public comment received electronically via the District's website speaker/comment card option was read into the record. The comments were submitted, anonymously, as a Central San Employee that expressed concern and opinions of management and reasoning for staff morale. These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. June 16, 2022 Regular Board Meeting Agenda Packet- Page 9 of 771 Page 3 of 12 CENTRAL CONTRA COSTA SANITARY DISTRICT May 26, 2022 Special Board Meeting Minutes- Page 2 REQUESTS TO CONSIDER MATTERS OUT OF ORDER General Manager Roger S. Bailey requested that Closed Session Item 21 be heard ahead of Items 19 and 20. AWARDS AND PRESENTATIONS 1. Presentation by Mahika Arya, Senior at Dougherty Valley High School in San Ramon, winner of the Contra Costa County Science and Engineering Fair - Excellence In Water, Wastewater and Recycled Water Research Award: First Tier Winner: "Testing the Impact of Pharmaceutical Pollutants on Plant Growth" Ms. Arya presented her award winning project to the Board. The Board Members provided congratulatory offerings and were joined by the audience to provide Ms. Arya with a virtual applause. BOARD ACTION: Received the presentation. CONSENT CALENDAR 2. Approve the following: a. May 5, 2022 Board meeting minutes 3. Set a public hearing for June 16, 2022 at 2:30 p.m. to receive comments on adopting an uncodified Ordinance to establish the "CCCSD Standard Specifications for Design and Construction, 2022 Edition" as Central San's standard specifications, in accordance with District Code Section 9.08.010 4. Adopt updated salary schedule for all District job classifications effective May 26, 2022 5. Award a construction contract in the amount of $3,762,825 to Devaney Engineering, Inc., the lowest responsive and responsible bidder for the Danville Sewer Renovations, Phase 4, District Project 8466; include an additive bid item in the amount of $250,000 to construct an interceptor structure; and find that the Project is exempt from the California Environmental Quality Act 6. Award a construction contract in the amount of $1,333,333 to Vellutini Corporation, dba Royal Electric Company, the lowest responsive and responsible bidder for the San Ramon Electrical Upgrades, District Project 100017; and find that the Project is exempt from the California Environmental Quality Act 7. Award a construction contract in the amount of$444,000 to Power Engineering Construction Company, the lowest responsive and responsible bidder for the Outfall Monitoring Improvements, District Project 100018 BOARD ACTION: BOARD ACTION: Motion was made by Member Hockett and seconded by Member Pilecki to adopt the Consent Calendar as recommended. Motion passed by unanimous roll call vote. June 16, 2022 Regular Board Meeting Agenda Packet- Page 10 of 771 Page 4 of 12 CENTRAL CONTRA COSTA SANITARY DISTRICT May 26, 2022 Special Board Meeting Minutes- Page 3 PUBLIC HEARINGS 8. Conduct a public hearing to consider adopting the following for Cordell Drive West Contractual Assessment District (CAD) No. 2021-1 in Danville: • Resolution No. 2022-025 confirming and levying final assessments; • Resolution No. 2022-026 directing that the Fiscal Year 2022-23 assessments be placed on the Contra Costa County property tax roll for collection; and • Uncodified Ordinance No. 320 establishing reimbursement fees for the properties which connect to District Project 6727 (Cordell Drive West CAD No. 2021-1) Engineering Assistant 111 Russ Leavitt provided a brief overview of the Cordell Drive West CAD project status. He stated that the construction on this project was complete and the public hearing was the next step in the process to assess the participant-share. Mr. Leavitt explained that participants have the option to pay in full by the end of June; otherwise, charges would be placed on the property tax roll for up to ten years. President Williams opened the hearing to receive public comment. There being no comments from the public, the hearing was closed. BOARD ACTION: Conducted the public hearing. Motion was made by Member Pilecki and seconded by Member Hockett to adopt Resolution No. 2022-025, Resolution No. 2022-026, and uncodified Ordinance No. 320 as related to Cordell Drive West CAD No. 2021-1. Motion passed by unanimous roll call vote. COVID-19 PANDEMIC RESPONSE 9. Receive update on Central San's response regarding the Coronavirus (COVID-19) pandemic Communications and Government Relations Manager Emily Barnett provided a brief update on the pandemic status within the county. She stated that County Health Services officials have announced a surge in cases, which had also been confirmed by solids and wastewater testing. It is estimated the surge may decrease towards the end of June. Ms. Barnett advised that County Health Services officials also recommend for all persons to wear facial masks while indoors. BOARD ACTION: Received the update. June 16, 2022 Regular Board Meeting Agenda Packet- Page 11 of 771 Page 5 of 12 CENTRAL CONTRA COSTA SANITARY DISTRICT May 26, 2022 Special Board Meeting Minutes- Page 4 OTHER BOARD ACTION ITEMS 10. Consider adoption of the proposed Strategic Plan for Fiscal Years (FY) 2022-24 Mr. Bailey stated that the proposed Strategic Plan has been in development over the past year with Board input incorporated as received during various presentations. Management Analyst Christina Gee reviewed the presentation and materials provided in the agenda packet. The Board had no questions. Member McGill stated that although the document appears straightforward, he acknowledged the amount of hard work that went into compiling the plan. He opined staff captured what the Board had expressed over the course of meeting discussions. Member Hockett concurred and thought the proposed Strategic Plan was well organized. President Williams stated that the dashboard to understand whether initiatives were being achieved was excellent, and spoke volumes to the leadership of the District. Member Pilecki echoed fellow Board Member statements. He stated that the key to such a plan is metrics, which he opined were well thought out to accomplish and will lead to a successful next two years. BOARD ACTION: Motion was made by Member McGill and seconded by Member Lauritzen adopt the proposed Strategic Plan for Fiscal Years 2022-24 as presented. Motion passed by unanimous roll call vote. LEGISLATIVE MATTERS 11. Receive update on pending legislative matters and provide direction on priority legislation Ms. Barnett provided an overview of key recent matters as listed on the 2022 Central San Priority Legislation Tracking Sheet dated May 25, 2022, provided in advance of the meeting. Items of staff recommendation for Board consideration were as follows. Ms. Barnett proposed a position stance update on two Assembly Bill items: • Item 5 -AB 2536 regarding connection and capacity fees from a Watch to Neutral position. • Item 14 -AB 2787 pertaining to microplastics from a Watch to Support position. Secondly, Ms. Barnett discussed an additional handout provided in advance of the meeting calling for Assembly support of$10 million in appropriations, submitted by Senator Dodd, for senior care/day care in Contra Costa County, recipient, Choice in Aging located in Pleasant Hill. This vital organization is a well-recognized establishment in the County. Ms. Barnett noted the rarity in this request which June 16, 2022 Regular Board Meeting Agenda Packet- Page 12 of 771 Page 6 of 12 CENTRAL CONTRA COSTA SANITARY DISTRICT May 26, 2022 Special Board Meeting Minutes- Page 5 requires all state elected officials to agree. She asked for the Board's concurrence to support this cause with a letter from the District. Member McGill stated his support on the two separate recommendation topics. Member Hockett expressed her support and stated she had separately sent a letter of support for Choice in Aging as a member of the community. She noted these funds would assist in the construction of their new intergenerational facility that will likely be a model for the nation. President Williams stated it seemed to be a good program and commented on the requirement for assembly/senate member concurrence. Two separate motions were voted upon. BOARD ACTION: Motion was made by Member McGill and seconded by Member Lauritzen to support staff's position stance for Items 5 and 14 as indicated. Motion passed by unanimous roll call vote. BOARD ACTION: Motion was made by Member Hockett and seconded by Member McGill to support staff's request to submit a letter to Senator Dodd in support of the Choice in Aging to receive budget appropriation. Motion passed by unanimous roll call vote. REPORTS AND ANNOUNCEMENTS 12. General Manager— Reports a. Receive proposed Central San Fiscal Year (FY) 2022-23 Budget for the following funds: • Operations and Maintenance • Capital Improvement • Self-Insurance • Debt Service Mr. Bailey introduced the proposed FY 2022-23 Budget presentations and recognized the vast time and effort to produce the document. He extended his appreciation to staff, in particular to: Director of Finance and Administration Philip Leiber, Finance Manager Kevin Mizuno, Capital Projects Division Manager Edgar Lopez, to all the directors and management team, the budget preparation team, Ms. Barnett and the Communications staff, and Administrative Services Assistant Velisa Parks. Mr. Bailey stated the Budget reflects the resources necessary for staff to complete the mission and goals set by the Board for the next fiscal year. He explained that general principles, time spent to ensure cost figures were appropriate, and customers - a key fundamental reason, were all kept in mind. June 16, 2022 Regular Board Meeting Agenda Packet- Page 13 of 771 Page 7 of 12 CENTRAL CONTRA COSTA SANITARY DISTRICT May 26, 2022 Special Board Meeting Minutes-Page 6 He explained the presentations were also reviewed with the appropriate Board Committees and today's review was an opportunity for questions or clarifications ahead of the public hearing set for June 16 to consider budget adoption. Lastly, he highlighted the inclusion of a request for three fulltime equivalent positions, which were each assessed and deliberated upon internally. Mr. Leiber stated the Budget is prepared under the effective leadership and guidance of the General Manager; not in a top-down direction but rather a collaboration of managers in an environment where differing views were offered and synthesized. This resulted in a transparent document that outlines the resources, where they are applied, and the customer-benefit from the funds they provide. Mr. Leiber and Mr. Mizuno reviewed the presentation included with the agenda material which covered Central San accomplishments, strategic priorities, overall uses and sources of funds, the Operations and Maintenance (O&M), Self-Insurance, and Debt Service sub-funds, reserves, and next steps. In response a question posed by Member Pilecki of the timeline for Board Member comments, Mr. Leiber requested receipt by June 1 for final draft incorporation. At the request of the Finance Committee, new information was added, starting at slide 30 to provide a high-level overview of the City of Concord annual billing of cost-share. This arrangement was made in the 1970s on flow proportionate share for O&M and Capital expenditures, less the collection system cost. Mr. Leiber noted the figures shown on slide 30 are estimates as the city is billed on actual costs incurred. As it pertained to the pending new Innovation and Optimization Program Manager position, Member Pilecki inquired at what bargaining-group level this position would fall under, Mr. Bailey stated it would be equivalent to a Management Group position. A lengthy discussion later ensued on the need and duties of the proposed new program manager position. In that regard, Mr. Bailey explained the Operations side of the budget is $85 million. As such, an in-depth look at the entire span of the operation, processes, daily-type work should be ascertained to understand where and how those costs are produced. He stated the evaluation will involve several people and pieces that would be moved under Innovation and Optimization Manager. He cautioned the process is still under review, but the goal is to ensure it is fully coordinated and centralized to be effective and efficient. Member Hockett opined that no one person is going to know how to do something better than the people that actually perform the job. She questioned why another person would be needed given the incredible staff Central San has onboard. June 16, 2022 Regular Board Meeting Agenda Packet- Page 14 of 771 Page 8 of 12 CENTRAL CONTRA COSTA SANITARY DISTRICT May 26, 2022 Special Board Meeting Minutes- Page 7 Member Pilecki opined the description of work for the program manager seemed to lean towards an industrial engineer type position. He asked whether optimizations of staffing levels were also being reviewed in the consideration of this position. Mr. Bailey responded yes, and provided an example reference of an apprenticeship type program to allow training on certain modules. As such, it could lead to providing a salary adjustment to qualified individuals to perform duties without adding positions. Mr. Leiber added that Central San has a considerable amount of data from a great deal of benchmarking, which now needs someone to review and find the best practices for future operation needs and goals. Mr. Lopez reviewed the Capital Improvement Budget (CIB) and Ten-Year Capital Improvement Plan (CIP). He acknowledged the accomplishments depicted do not just relate to the Capital Projects Division but a District-wide achievement. On slide 3 of the CIB presentation, Mr. Lopez stated the highlighted areas reflect any changes and a rebalance of the Contingency Budget. Those figures will be updated in the final draft Budget document for the public hearing. Mr. Lopez summarized the future years and total budget as steadily increasing to almost one billion dollars for the combined fiscal year-to-date, proposed budget, and future fiscal years estimate. He explained any funds not spent will be carried forward until the projects are closed; however, staff is aiming to reduce the amount of carry-forward and focusing on actual spending, and is reflected in a decrease of spending in FY 2021-22. New projects and infrastructure significance were discussed, which included: • New `Sub-90'electrical infrastructure substation, still in the planning stage, that will provide operational redundancy of the main feeder to the treatment plant. This new structure and equipment are expected to pay dividends in the future. • Installation of solids handling equipment as part of the Phase 2 project, which may include digesters or other appropriate equipment. When the last District Comprehensive Master Plan was completed, improvements were based on digesters. • Charging Stations/Electric Vehicles. Meeting legislative direction of future fleet vehicle purchases to be electric and necessary charging stations was discussed. Although useful life of current vehicles will be achieved, an increase in program budget has been included to install the first charging stations. Mr. Lopez stated contingency funds would be used and no additional budget was being requested. President Williams concluded by stating that there may be different views on a specific budget; therefore, it is important for the General Manager to have a process to provide opportunity for input. He explained the General Manager June 16, 2022 Regular Board Meeting Agenda Packet- Page 15 of 771 Page 9 of 12 CENTRAL CONTRA COSTA SANITARY DISTRICT May 26, 2022 Special Board Meeting Minutes- Page 8 has the authority to make the final call since the Board holds him responsible of what it expects for the District. BOARD ACTION: Received proposed Central San Budget for Fiscal Year 2022-23. b. Receive repot on Central San's Virtual Externship Program For time management of closed session items, Mr. Bailey announced this item would be deferred to a future meeting. BOARD ACTION: None. Item deferred to a future Board meeting. 13. General Manager—Announcements a. Announcements — May 26, 2022 Other than the announcements included in the agenda materials, no further announcements were made during the meeting BOARD ACTION: Received the announcements. 14. Counsel for the District District Counsel Kenton Alm announced that due to the hour and meeting length, Item 20 could also be deferred to a future meeting. 15. Secretary of the District Ms. Berumen announced the following upcoming Board and Committee meetings: • Engineering & Operations — Wednesday, June 1 at 11:00 a.m. • Special Pre-Board Meeting, Project Tour— Thursday, June 2 at 1:00 p.m. • Regular Board Meeting— Thursday, June 2 at 2:30 p.m. BOARD ACTION: Received the announcements. 16. Board Members - Committee Minutes a. May 3, 2022 - Administration Committee - Chair Pilecki and Member Lauritzen b. May 4, 2022 - Engineering & Operations Committee - Chair Lauritzen and Member Hockett C. May 9, 2022 - Finance Committee - Chair McGill and Member Pilecki (alternate) d. May 11, 2022 - Engineering & Operations Committee - Chair Lauritzen and Member Hockett BOARD ACTION: Received the Committee minutes. June 16, 2022 Regular Board Meeting Agenda Packet- Page 16 of 771 Page 10 of 12 CENTRAL CONTRA COSTA SANITARY DISTRICT May 26, 2022 Special Board Meeting Minutes- Page 9 17. 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 • May 6, 2022 - Bay Area Clean Water Agencies (BACWA) Annual Members Meeting, Berkeley • May 16, 2022 - Contra Costa Special Districts Association (CCSDA) Chapter Meeting (virtual) Member Lauritzen - No report. Member McGill • May 12, 2022 - Mandatory Harassment Prevention Training (virtual) Member McGill also provided a written report covering his announcements and other meetings. Member Pilecki • May 12, 2022 - Mandatory Harassment Prevention Training (virtual) President Williams - No report. BOARD ACTION: Received the reports and announcements. 18. 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 Items 19 and 21, with Item 21 heard as the first closed session item of business. Item 20 would be deferred to a future Board meeting. Member Pilecki announced he would recuse himself from discussion on Item 19 as it pertained to the Kappel v. Central San, et al. case. June 16, 2022 Regular Board Meeting Agenda Packet- Page 17 of 771 Page 11 of 12 CENTRAL CONTRA COSTA SANITARY DISTRICT May 26, 2022 Special Board Meeting Minutes- Page 10 RECESS TO CLOSED SESSION The Board recessed at 5:08 p.m. to reconvene in closed session. Closed Session (Not video recorded) CLOSED SESSION 19. Conference with Legal Counsel - existing litigation pursuant to Government Code Section 54956.9(d)(1); two cases: • Kappel v. Central Contra Costa Sanitary District, et al., Contra Costa County Superior Case No. MSC19-01012 • Johnson v. City of Walnut Creek, et al., Contra Costa County Superior Case No. MSC21-00639 20. [Item deferred] Conference with Legal Counsel - Anticipated litigation exposure pursuant to Government Code Section 54956.9(e)(3); two potential cases: • Robin F. Hayden (District claim filed November 4, 2021) • Robert Redman (District claim filed November 17, 2021) 21. 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 RECESS TO OPEN SESSION The Board recessed at 6:08 p.m. to reconvene in open session. REPORT OUT OF CLOSED SESSION No report. June 16, 2022 Regular Board Meeting Agenda Packet- Page 18 of 771 Page 12 of 12 CENTRAL CONTRA COSTA SANITARY DISTRICT May 26, 2022 Special Board Meeting Minutes-Page 11 ADJOURNMENT The meeting was adjourned at 6:09 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 June 16, 2022 Regular Board Meeting Agenda Packet- Page 19 of 771