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Home My WebLink AboutBOARD MINUTES 08-04-22 ` CENTRALSAN CENTRAL CONTRA • •19 IMHOFF PLACE, MARTINEZ. MINUTES* BOARD OF DIRECTORS.• DAVID R.WILLMMS President REGULAR BOARD MEETING BARBARA D.HOCK—ETT Virtual Meeting President Pro Tem Thursday, August 4, 2022 MARIAHN.LAURI=N 2.30 rn. MICHAEL R MCGILL �' TAD J.PILECKI Open Session (Video recorded) NOTICE This meeting was held virtually pursuant to findings made by the Board of Directors on July 7, 2022, under Assembly Bill(AB) 361 related to the ongoing COVID-19 pandemic. The agenda provided options in which members of the public could participate. 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 (joined during Consent Calendar), McGill, Pilecki, Williams ABSENT.• Members: None PLEDGE OF ALLEGIANCE Ms. Young recited 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. Book 70— Page 133 CENTRAL CONTRA COSTA SANITARY DISTRICT August 4, 2022 Board Meeting Minutes—Book 70-Page 134 CONSENT CALENDAR 1. Approve the following: a. July 21, 2022 Board meeting minutes 2. Approve expenditures incurred June 10, 2022 through July 15, 2022 3. Set a public notice for September 15, 2022 at 2:30 p.m. to consider establishing the Fiscal Year 2022-23 Appropriations Limit 4. Approve revisions to Board Policy No. BP 014 — District-Owned Mobile Computing Devices for Board Members 5. Adopt Resolution No. 2022-040 accepting an irrevocable offer of dedication for a sanitary sewer easement from The Mill on Brown, LLC related to Job 6709 in Lafayette, and authorizing staff to record the resolution with the Contra Costa County Recorder 6. Adopt Resolution No. 2022-041 accepting 1) irrevocable offers of dedication to Central San for sanitary sewer easements from Summerhill Homes, LLC and Paul J. Kline Trust; and 2) irrevocable offers of dedication on a subdivision map for public purposes with public sewers from Summerhill Homes, LLC as related to Job 6562 in Moraga, and authorizing staff to record the resolution with the Contra Costa County Recorder 7. Adopt Resolution No. 2022-042 accepting irrevocable offers of dedication of real property interests for public sewer purposes and for sanitary sewer easements from Faria Preserve, LLC related to Job 6607 in San Ramon, and authorizing staff to record the resolution with the Contra Costa County Recorder BOARD ACTION: Motion was made by Member Pilecki and seconded by Member McGill to adopt the Consent Calendar as recommended. Motion passed by unanimous roll call vote. HEARINGS 8. Conduct a hearing and consider adopting Resolution No. 2022-043 authorizing staff to record a Notice of Uninspected Sewer Work against the property located at 1721 3rd Avenue in Walnut Creek with the Contra Costa County Recorder President Williams opened the public hearing. There being no public comment, the hearing was immediately closed. President Williams invited Board discussion. BOARD ACTION: Conducted a hearing. Motion was made by Member Hockett and seconded by Member Pilecki to adopt the proposed resolution authorizing the recording of a Notice of Uninspected Sewer Work against the property located at 1721 3rd Avenue in Walnut Creek. Motion passed by unanimous roll call vote. CENTRAL CONTRA COSTA SANITARY DISTRICT August 4, 2022 Board Meeting Minutes—Book 70-Page 135 BOARD OVERVIEW OF FIDUCIARY RESPONSIBILITIES 9. Receive overview of Deferred Compensation Plan Fiduciary Responsibilities Director of Finance and Administration Philip Leiber and NFP Retirement consultant Mindy Harris reviewed the presentation included in the agenda materials. Member Pilecki expressed his concern about the lack of retiree involvement on the advisory committee and requested more communication with the retirees on decisions and other important information. Mr. Leiber responded that staff had been advised that it is not common practice to have retirees on the committee;however, staff is looking into having retirees on an investment sub-committee and could further consider retirees on theadvisory committee. Apart from that, staff would be working to ensure retirees are well informed of investment changes. In response to a question posed by President Williams regarding the Board being held personally liable in regard to fiduciary responsibilities, Ms. Harris responded that the Board is not liable under ERISA, but that there are strategies to address those concerns and protecting the Board. There was an extended discussion regarding the communication with the retirees of Central San. Communications and Government Relations Manager Emily Barnett advised that staff has used the District's Lateral Connection publication to educate employees and retirees and will make additional communication efforts in the future. BOARD ACTION: Received the information. COVID-19 PANDEMIC RESPONSE 10. Receive update on Central San's response regarding the Coronavirus (COVID-19) pandemic President Williams advised that Ms. Young received a public comment regarding the teleworking policy/return to office item. He noted that the comment was provided to the Board and will not be read for the record but available for public review. Ms. Young requested advice on the need to include the public comment with the agenda materials on the District website. District Counsel Kent Alm advised that since the comment is on an item on the agenda it should be included on the website with the posted agenda packet. Ms. Barnett reviewed the presentation included in the agenda materials. There was clarification on the graphs included in the presentation. Ms. Barnett asked if the Board would like graphs on the Monkeypox and flu information included in future presentations. Board Members requested the topics be included as a public service since staff is measuring COVID-19 in the wastewater. CENTRAL CONTRA COSTA SANITARY DISTRICT August 4, 2022 Board Meeting Minutes—Book 70-Page 136 Member Lauritzen reiterated her plea to all employees and the public to continue getting vaccinated and boosters to protect the public. BOARD ACTION: Received the update and provided input to staff. OTHER BOARD ACTION ITEMS 11. 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 a 30-day period effective August 5, 2022 Member Pilecki recommended with the numbers trending downward that the Board revert back to the hybrid Board meeting format but maintain virtual Committee meetings to set an example for staff who is expected to return to the office on August 29. Member Hockett agreed with Member Pilecki about setting an example for staff, but that safety needed to be part of the equation. Member McGill expressed concerns about getting ahead of the data and opined there needs to be more discussion about this. President Williams agreed with Members Pilecki and Hockett and inquired if the Board would informally agree to attend Board meetings in person but continue with AB 361 provisions. MOTION was made by Member McGill and seconded by Member Lauritzen to continue with the AB 361 findings and provisions. President Williams asked if there was any further discussion. Human Resources and Organizational Manager Teji O'Malley advised that there are no Cal-OSHA requirements for social distancing, but it is highly recommended. Mr. Alm clarified with the proposed motion and adoption of AB 361, social distancing must still occur. He advised that at a future meeting, he will provide an update regarding the state of law and alternatives moving forward if the Board chose not to continue with AB 361 meeting guidelines. BOARD ACTION: Motion was made by Member McGill and seconded by Member Lauritzen to reestablish findings of a state emergency and local health recommendations to continue virtual/hybrid meetings pursuant to Brown Act provisions provided under AB 361 for a 30-day period effective August 5, 2022. Motion passed by unanimous roll call vote. CENTRAL CONTRA COSTA SANITARY DISTRICT August 4, 2022 Board Meeting Minutes—Book 70-Page 137 12. Authorize the General Manager to amend an existing contract in an amount not to exceed $39,500 with J.T. Thorpe & Son, Inc., increasing the cost ceiling to $236,900 for completed repairs to the multiple hearth furnace refractory BOARD ACTION: Motion was made by Member Hockett and seconded by Member Pilecki to authorize an increase in an amount of not to exceed $39,500 to an existing contract with J.T. Thorpe & Son, Inc. for multiple hearth furnace repair services. LEGISLATIVE MATTERS 13. Receive update on pending legislative matters and provide direction on priority legislation Ms. Barnett briefly reviewed the key matters listed on the Central San 2022 Priority Legislative Tracking Sheet dated August 3, 2022, provided in advance of the meeting. Ms. Barnett reviewed Assembly Bills (AB) 1944 and 2647 in detail and answered questions from the Board Members. When reviewing AB 2536, Member Pilecki requested that once staff fully understands that piece of legislation an item be brought back to a Board committee regarding the impacts, if any, to Central San. BOARD ACTION: Received the update. REPORTS AND ANNOUNCEMENTS 14. General Manager—Announcements a. Announcements—August 4, 2022 In addition to the announcements provided with the agenda materials, Mr. Bailey thanked Director of Engineering and Technical Services Jean-Marc Petit for his eight years of service and announced his last day would be August 5. Member Hockett thanked Mr. Petit for all his work at the District and appreciated his depth brought to the District in terms of all of the decision making. BOARD ACTION: Receive the announcements. 15. Counsel for the District- No report. 16. Secretary of the District Ms. Young announced the following upcoming Committee meetings: • Real Estate, Environmental& Planning—Monday, August 15 at 10.00 a.m. • Finance— Tuesday, August 23 at 2:00 p.m. CENTRAL CONTRA COSTA SANITARY DISTRICT August 4, 2022 Board Meeting Minutes-Book 70-Page 138 Ms. Young also announced that the nomination period for the November 2022 election for Divisions 2 and 3 Central San Board Member seats will close next Friday, August 12. BOARD ACTION: Received the announcements. 17. Board Members- Committee Minutes a. July 18, 2022 - Special Administration Committee— Chair Pilecki and Member Lauritzen b. July 20, 2022 - Real Estate, Environmental & Planning Committee — Chair Hockett and President Williams C. July 26, 2022 — Finance Committee - Chair McGill and President Williams 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 • July 27, 2022 - State of the County Address with Supervisor District 2- Candance Anderson, Danville Member Lauritzen - No report. Member McGill - Member McGill provided a written report covering his announcements and other meetings. Member Pilecki -Member Pilecki mentioned Mr. Bailey's recent television interview on KTVU regarding recycled water. President Williams - No report. BOARD ACTION: Received the reports and announcements. 20. Board Members- Requests for Stipend/Reimbursement or Conference Attendance Authorization to receive a stipend for meeting attendance or expense reimbursement not specifically addressed in the current Board Compensation Policy, or authorization for conference attendance not previously approved by the Board. No requests. CENTRAL CONTRA COSTA SANITARY DISTRICT August 4, 2022 Board Meeting Minutes-Book 70-Page 939 EMERGENCY SITUATIONS 20. Declare an emergency and ratify the General Manager's actions under Public Code 22050 to direct Conhagen Rotating Equipment Specialists to perform emergency repairs on the Steam Driven Aeration Blower No. 2; and authorize the General Manager to increase an existing contract in an amount not to exceed $412,600 with Conhagen Rotating Equipment Specialists, increasing the cost ceiling to $550,000, to perform the required repairs BOARD ACTION: Received the update. Motion was made by Member Pilecki and seconded by Member Hockett to: A. Declare an emergency and ratify the General Manager's actions under Public Code 22050 to perform emergency repairs on the Steam Drive Aeration Blower No. 2; and B. Authorize an increase an existing contract in an amount not to exceed $412,600 with Conhagen Rotating Equipment Specialists, increasing the cost ceiling up to $550,000, to perform the required repairs. Motion passed by unanimous roll call vote. REQUESTS FOR FUTURE AGENDA ITEMS None. ANNOUNCE CLOSED SESSION (pursuant to Government Code Section 54957.7) Mr. Alm announced that a closed session would be held for Item 21. RECESS TO CLOSED SESSION The Board recessed at 4:35 p.m, to reconvene in closed session. Closed Session (Not video recorded) CLOSED SESSION 21. Personnel matters pursuant to Government Code Section 54957(b)(1)- Performance Evaluations for following members of Executive Management Team: General Manager, Secretary of the District, and District Counsel RECESS TO OPEN SESSION The Board recessed at 5:48 p.m. to reconvene in open session. CENTRAL CONTRA COSTA SANITARY DISTRICT August 4, 2022 Board Meeting Minutes—Book 70-Page 140 REPORT OUT OF CLOSED SESSION No report. ADJOURNMENT The meeting was adjourned at 5:49 p.m. David R. Williams President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: � j Katie You Secretaryjo th Di°trict Central Contra Costa Sanitary District County of Contra Costa, State of California