HomeMy WebLinkAbout02.a. Approve minutes of meeting held 09-15-2022 Page 1 of 11
Item 2.a.
CENTRALSAN
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CENTRAL CONTRA COSTA SANITARY DISTRICT
October 6, 2022
TO: HONORABLE BOARD OF DIRECTORS
FROM: KATIE YOUNG, SECRETARYOF THE DISTRICT
SUBJECT: SEPTEMBER 15, 2022 REGULAR BOARD MEETING MINUTES
Attached are the draft minutes of the above Board meeting.
ATTACHMENTS:
1. Draft Minutes of 09-15-22 meeting
October 6, 2022 Regular Board Meeting Agenda Packet- Page 14 of 317
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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, September 15, 2022 MARIAHN LAURITZEN
2:30 p.m. M>cHTA�JPiEcKI
D RAFT
Open Session — Multi-Purpose Room
(Video recorded)
NOTICE
This meeting was held in-person with a virtual participation option pursuant to findings
made by the Board of Directors on September 1, 2022, under Assembly Bill (AB) 361
provisions related to the ongoing COVID-19 pandemic. The agenda provided 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 Pro Tem Amelia Berumen 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.
October 6, 2022 Regular Board Meeting Agenda Packet- Page 15 of 317
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September 15, 2022 Board Meeting Minutes- Page 2
AWARDS AND COMMENDATIONS
1. Adopt Resolution No. 2022-064 commending Talksics Toastmasters Club #6718 on
its 35th Anniversary
General Manager Roger S. Bailey expressed his appreciation for the tremendous
benefit the Toastmasters Club provides to the employees and the District.
He acknowledged the current club president Amanda Cauble and its long-standing
member Russell Leavitt, who were also present at the meeting.
President Williams presented the Resolution to Ms. Cauble. He commended her
leadership and the accomplishments of the club for the importance and essentiality
of good and effective communication. Ms. Cauble stated her appreciation of
Central San's sponsorship and the ongoing support of the club for its employees.
BOARD ACTION: Motion was made by Member McGill and seconded by
Member Lauritzen to adopt the proposed resolution. Motion passed by
unanimous roll call vote.
2. Adopt Resolution No. 2022-065 commending Stephen J. Welch, for his service as
General Manager of the Contra Costa Water District
Mr. Bailey commended Mr. Welch's leadership of the water district and the
remarkable relationship built between the two agencies.
BOARD ACTION: Motion was made by President Williams as the Central San
liaison with Contra Costa Water District and seconded by Member Hockett to
adopt the proposed Resolution. Motion passed by unanimous roll call vote.
CONSENT CALENDAR
3. Approve the following:
a. September 1, 2022 Board meeting minutes
4. Adopt Resolution No. 2022-066 establishing the appropriations limit in the amount of
$136,042,949 for Fiscal Year 2022-23, in accordance with Article XIII B of the
California Constitution, using the change in the California per capita personal income
percentage and change in population to calculate the appropriations limit
5. Approve revisions to Board Policy No. BP 033 - Conducting District Business Using
Personal Accounts and Devices
6. Authorize the General Manager to amend four existing professional engineering
services agreements under the Solids Handling Facility Improvements, Phase 1A
project for additional design and bidding services with the following consultants in
amounts not to exceed:
• CDM Smith, Inc. for $550,000, increasing the agreement to $1,400,000;
• GHD, Inc. for $200,000, increasing the agreement to $700,000;
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September 15, 2022 Board Meeting Minutes- Page 3
• ArcSine Engineering, Inc. for $200,000, increasing the agreement to $800,000;
and
• HDR, Inc. for $200,000, increasing the agreement to $350,000
7. Award a construction contract in the amount of $27,606,000 to C. Overaa & Co., the
lowest responsive and responsible bidder, for the Pump Station Upgrades, Phase 2A,
District Project 8457; find the Project is exempt from the California Environmental Act;
and authorize the General Manager to amend three existing professional engineering
services agreements with the following consultants in amounts not to exceed:
• Carollo Engineers, Inc. for $1.8 million, increasing the agreement to $2 million
for construction management services;
• HDR, Inc. for $600,000, increasing the agreement to $790,000 for engineering
services during construction; and
• ArcSine Engineering, Inc. for $500,000, increasing the agreement to $650,000
for engineering services during construction
8. Authorize a Property Purchase Agreement and adopt Resolution Nos. 2022-067 to
2022-069 to: 1) accept a Grant Deed and a Grant of Access Easement from Martinez
Refining Company LLC, Owner of the property located at 2000 Marina Vista in
Martinez, 2) authorize execution of a Grant Deed to Martinez Refining Company LLC,
and 3) authorize staff to record the documents with the Contra Costa County
Recorder; rescind prior Resolution Nos. 2022-016 to 2022-018
President Williams requested Items 5 and 6 be pulled for discussion.
BOARD ACTION: Motion was made by Member McGill and seconded by Member
Hockett to adopt Items 3, 4, 7, and 8 of the Consent Calendar as recommended.
Motion passed by unanimous roll call vote.
As it pertained to Item 5 (revisions to Board Policy No. BP 033), President Williams noted the
extensive revisions which resulted in a more concise policy and asked whether the revisions
were required due to legal requirements. District Counsel Kenton Alm replied that the policy
had not been revised since 2018 and staff recognized the Board's preference to condense
the content to reflect a proper policy since some matters were more procedural. Member
Pilecki added that the Administration Committee found the policy difficult to follow during its
biennial review and requested staff to amend. President Williams and Member Pilecki
commended the efforts of staff for the proposed amendment.
Regarding Item 6, President Williams inquired to the Position Paper writeup of the project's
multiple phases and the budget to achieve the work. He reflected upon the initial project's
bids received last fall that were in excess of the stated budget of$168 million, which had
been rejected. Capital Projects Division Manager Edgar Lopez provided a brief summary of
the events that transpired since last fall and how the project was subsequently split into
phases in order to take care of critical items (including equipment improvements), and a
reevaluation of the project design. He clarified that the proposed total project costs with the
lowest bid received for the original project scope was near$269 million; at this time staff
continues to refine the new project and budget.
October 6, 2022 Regular Board Meeting Agenda Packet- Page 17 of 317
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September 15, 2022 Board Meeting Minutes- Page 4
President Williams was satisfied with the explanations provided to these two items.
BOARD ACTION: Motion was made by President Williams and seconded by
Member Hockett to adopt Items 5 and 6 of the Consent Calendar as recommended.
Motion passed by unanimous roll call vote.
COVID-19 PANDEMIC RESPONSE
9. Receive update on Central San's response to COVID-19 and other viruses
Communication Services and Government Relations Manager Emily Barnett
provided an overview of the presentation provided in advance of the meeting. It was
announced and clarified that the District would offer an onsite booster-shot clinic for
employees and their families, which also includes Board Members and their families.
BOARD ACTION: Received the update.
OTHER BOARD ACTION ITEMS
10. 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 September 16, 2022
BOARD ACTION: Motion was made by Member McGill and seconded by
Member Lauritzen to reestablish the Board's findings of a state emergency
and local health recommendations and to continue virtual/hybrid meetings
pursuant to Brown Act provisions provided under AB 361 for a 30-day period
effective September 16, 2022. Motion passed by unanimous roll call vote.
Upon conclusion of the vote, President Williams inquired about legislation that would
preempt AB 361 provisions. Mr. Alm responded there are two pieces of legislation
for consideration. The provisions in which the Board is currently operating under now
that allows for hybrid meetings would dramatically change under those items.
He explained the provisions of both pieces would allow an easier means to
participate by video attendance so long as three Board Members are present onsite
(in the service area), and those that may be remote follow allowable parameters to
do so. Mr. Alm stated he would provide a report when the matters are finalized.
Ms. Barnett added that AB 361 provisions will sunset in January 2024, and
announced that AB 2449 was signed by Governor Newson today.
Member McGill inquired when the Board would return to meeting in the Board Room
rather than the larger Multi-Purpose Room. Ms. Barnett drew attention to the
County Health guidelines for hosting public meetings, which recommends offering
hybrid meeting participation and onsite social distancing as a safety precaution.
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September 15, 2022 Board Meeting Minutes-Page 5
A discussion ensued of how the County Board of Supervisors conducts their
meetings and what may be arranged onsite for staff and Board Member safety to
oblige the meeting room location request.
In response to question posed by Member Hockett of staff masking requirements,
Human Resources and Organizational Development Manager Teji O'Malley stated
there was not a general masking requirement presently, but those that are
unvaccinated do mask.
11. Adopt Resolution No. 2022-070 encouraging and promoting pollution prevention and
to declare September 19-25, 2022 as Pollution Prevention Week at Central San
Senior Environmental Compliance Inspector Colleen Henry presented the information
provided in the agenda materials. She reviewed and highlighted the efforts taken by
Central San as depicted in the proposed resolution.
BOARD ACTION: Motion was made by Member Hockett and seconded by
Member McGill to adopt the proposed resolution promoting and declaring
September 19-25, 2022 as Pollution Prevention Week. Motion passed by
unanimous roll call vote.
12. Review assessment and hold discussion of Central San's current treasury function
and exploration of alternatives
Director of Finance and Administration Philip Leiber introduced this topic of
discussion. He provided an overview of the long standing tradition at Central San for
receiving treasury services through the County, and explained that staff is exploring
alternatives to improve the treasury function, which was also an internal audit finding
recommendation. Mr. Leiber shared that an informal internal survey of staff was
conducted, which reflected a strong support for an alternative arrangement, and the
topic was recently presented to the Finance Committee for consideration.
Finance Manager Kevin Mizuno presented the material provided in the agenda
materials in detail.
Mr. Mizuno noted that while having an external treasurer may be perceived to provide
for a significant level of internal control, there are drawbacks to the arrangement and
that alternative measures with appropriate and standard internal controls would be a
part of any change, such as two-party approval for wire transfers and Board approval
of new bank accounts. Initial and secondary surveys were conducted with other
agencies, including some that have recently implemented treasury provider changes.
Those parties were all very satisfied with their move to a more independent treasury
function than their previous County provided arrangements.
The staff recommendation included the specific steps staff would undertake to
accomplish this assessment before returning to the Board with a specific proposal.
Member McGill stated the Finance Committee solidly endorsed the recommendation.
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September 15, 2022 Board Meeting Minutes-Page 6
BOARD ACTION: Motion was made by Member McGill and seconded by
Member Hockett to direct staff to explore banking and investment
management alternatives for treasury services and provide the Board with an
update at a future date, including: 1) a specific treasury arrangement proposal,
2) an internal control risk assessment, 3) a draft banking/treasury policy, and
4) an implementation plan, as presented. Motion passed by unanimous roll call
vote.
13. Receive update and hold discussion regarding the Juneteenth holiday
Human Resources and Organizational Development Manager Teji O'Malley
presented an update which had been reviewed by the Administration Committee.
She shared that AB 1655, which proposed to add Juneteenth to the state holiday list,
was passed unanimously by both the assembly and state legislation and was on the
Governor's desk for signature. A survey of other agencies was reviewed in detail;
some agencies use a floating holiday system, while others either do or do-not
observe the holiday. A discussion ensued.
In response to a question posed by Member McGill of the matter to be discussed in
open- versus closed session, Ms. O'Malley replied that dependent on the particular
action presented on the list of suggested alternatives, two of the options
(i.e., alternative one or two) would lead to a meet-and-confer session with the
bargaining units as a change to working conditions, which should be held in closed
session.
Mr. Alm clarified there was nothing prohibitive of a general discussion or general
consensus, other than matters that would require a bargaining unit negotiation.
He noted a closed session item was agendized for such discussion. Mr. Alm
responded to follow-up questions by Member McGill.
Member McGill suggested another option may be to declare an observance by
resolution, similar to that just taken for Pollution Prevention Week.
Member Pilecki stated it was important for the Board to understand the ramifications
to the meet-and-confer process that should not be discussed in open session.
Member Lauritzen stated her interest to make Juneteenth a District holiday and
stated she wanted the discussion that would push this to a meet-and-confer matter.
Member Hockett inquired of the financial impact should a holiday be added.
Mr. Leiber spoke of the functions that would need to be staffed during a holiday, and
incremental holiday pay that he estimated may be minimal overall, but
acknowledged the cost also be considered on the basis of the average daily cost for
all employees.
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September 15, 2022 Board Meeting Minutes- Page 7
Member Pilecki stated the Board should have a number to consider based on the
average cost for all employees. Member McGill concurred. Mr. Leiber stated he
would provide a calculation to the Board for its closed session discussion purpose.
Member Hockett highlighted the second alternative that would swap a current
holiday for a new holiday.
President Williams adjourned the discussion to closed session at the end of the
meeting.
BOARD ACTION: Held a discussion; adjourned the matter to closed session.
REPORTS AND ANNOUNCEMENTS
14. General Manager— Reports
a. Receive update on Accessory Dwelling Unit determination and Deed
Restriction usage for such matters
Due to time constraints, Mr. Bailey requested this informational update be
tabled to the next regular Board meeting.
BOARD ACTION: Item deferred to next meeting agenda.
15. General Manager—Announcements
a. Announcements — September 15, 2022
Mr. Bailey highlighted the upcoming Employee Recognition Picnic and
thanked staff for all their hard work for the District.
Other than the other announcements included in the agenda materials, no
further announcements were made during the meeting.
BOARD ACTION: Received the announcements.
16. Counsel for the District - No report.
17. Secretary of the District
Ms. Berumen announced the following upcoming Board and Committee meetings:
• Real Estate, Environmental & Planning Committee — Wednesday,
September 21 at 9:00 a.m.
• Special Board Meeting/Public Hearing — Thursday, September 22 at Noon.
• Finance Committee — Tuesday, September 27 at 2:00 p.m.
• Administration Committee — Tuesday, October 4 at 1:00 p.m.
Member Pilecki inquired about the logistics of the Special Board meeting as the
agenda matters would be brief. Mr. Alm explained an onsite meeting location would
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September 15, 2022 Board Meeting Minutes- Page 8
be necessary as the agenda includes a public hearing and was noticed as such;
however, the Board Members could choose to participate remotely. It was concurred
that the Board Members would participate virtually, and staff would be available in
the Multi-Purpose Room for members of the public.
18. Board Members - Committee Minutes
a. August 31 , 2022 - Engineering & Operations Committee - Chair Lauritzen and
Member Hockett
b. September 6, 2022 - Administration Committee - Chair Pilecki and Member
Hockett (alternate)
BOARD ACTION: Received the Committee minutes.
19. 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
• September 11-14, 2022 - WateReuse California Annual
Conference, San Francisco
Member McGill also provided a written report covering his announcements
and other meetings.
Member Pilecki - No report.
President Williams
President Williams announced he was invited to discuss recycled water
matters with the Rossmoor Community at a meeting held earlier today.
The matter is a regional issue; therefore, it was discussed to have a
Water Forum Townhall meeting with decision makers and guest speakers
to drum up a call to action, this will be scheduled for October 26, 2022 at
the Lafayette Veterans Hall during the lunch period. It is estimated the
event may attract up to one hundred persons.
Central San staff will assist in the coordination efforts with East Bay
Municipal Utility District (EBMUD), who will be developing the agenda.
President Williams shared that the Rossmoor Community is proactive in
promoting the meeting information to have a meaningful conversation and
will coordinate efforts to inform the cities. President Williams responded to
various questions and stated more information will be made available in
the near future.
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September 15, 2022 Board Meeting Minutes- Page 9
BOARD ACTION: Received the reports and announcements.
20. Board Members - Requests for Stipend/Reimbursement or Conference Attendance
No requests.
EMERGENCY SITUATIONS
21. Receive update of emergency situation declared on August 4, 2022 authorizing
urgent repairs to Steam Driven Aeration Blower No. 2, in accordance with Public
Contract Code Section 22050
Mr. Bailey advised that repair work to the blower continues and has not been
completed. He recommended the Board continue the emergency situation.
BOARD ACTION: Motion was made by Member McGill and seconded by
Member Lauritzen to continue authorization for the emergency equipment
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 22.
RECESS TO CLOSED SESSION
The Board recessed at 4.01 p.m. to reconvene in closed session.
Closed Session
(Not video recorded)
CLOSED SESSION
22. Conference with labor negotiators pursuant to Government Code Section 54957.6:
District Negotiators:
• Roger S. Bailey, General Manager
• Kenton L. Alm, Esq., District 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
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RECESS TO OPEN SESSION
The Board recessed at 4:38 p.m. to reconvene in open session.
REPORT OUT OF CLOSED SESSION
No action was reported.
ADJOURNMENT
The meeting was adjourned at 4:39 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
October 6, 2022 Regular Board Meeting Agenda Packet- Page 24 of 317