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HomeMy WebLinkAbout02.a. Approve minutes of meeting held 10-06-2022 Page 1 of 9 Item 2.a. CENTRALSAN jdf A- hom CENTRAL CONTRA COSTA SANITARY DISTRICT October 20, 2022 TO: HONORABLE BOARD OF DIRECTORS FROM: KATIE YOUNG, SECRETARYOF THE DISTRICT SUBJECT: OCTOBER 6, 2022 BOARD MEETING MINUTES Attached are the draft minutes of the above Board meeting. ATTACHMENTS: 1. Draft Minutes of 10-06-22 meeting October 20, 2022 Regular Board Meeting Agenda Packet- Page 10 of 143 Page 2 of 9 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, October 6, 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 15, 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 Pro Tem Hockett at 2.30 p.m. Secretary of the District Katie Young called roll: PRESENT: Members. Lauritzen (virtual), McGill, Pilecki, Hockett ABSENT: Members: Williams 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 20, 2022 Regular Board Meeting Agenda Packet- Page 11 of 143 Page 3 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT October 6, 2022 Board Meeting Minutes- Page 2 AWARDS AND PRESENTATIONS 1. Receive the National Association of Clean Water Agencies 2021 Peak Performance Award — Platinum 24 Plant Operations Manager Alan Weer reviewed the presentation included in the agenda material and presented the Platinum 24 Peak Performance Award to the Board of Directors. BOARD ACTION: Received the award. CONSENT CALENDAR 2. Approve the following: a. September 15, 2022 Regular Board meeting minutes b. September 22, 2022 Special Board meeting minutes 3. Approve expenditures incurred August 12, 2022 through September 15, 2022 4. Receive Quarterly Financial Review for quarter ending June 30, 2022 5. Receive Financial overview through the month of August 2022 6. Adopt Resolution No. 2022-073 (1) authorizing execution of three Quitclaim Deed- Easements to relinquish rights on original easements related to the North Orinda Sewer Renovations, Phase 8, District Project 8463 at 2 La Senda Way, 21 La Noria, and 200 Orinda Way, all located in Orinda; (2) accepting three Grant of Easement Deeds for the new alignment; and (3) authorizing staff to record the documents with the Contra Costa County Recorder 7. Adopt Resolution No. 2022-074 authorizing (1) execution of a Real Property Agreement for Class 2 encroachments for the property located at 315 Tappan Terrace in Orinda, and (2) authorizing staff to record documents with the Contra Costa County Recorder 8. Approve proposed revisions to: 1. Board Policy No. BP 005 - Statement of Investment Policy, and 2. Investment Guidelines Documents (IGD) related to the Public Agencies Post- Retirement Health Care Plan Trust, which includes both of the following: • IGD for the existing Other Post-Employment Benefits Trust (OPEB Trust), and • IGD for the Pension Prefunding Trust 9. Authorize the General Manager to execute three professional engineering services agreements for collection system projects construction inspection under the Capital October 20, 2022 Regular Board Meeting Agenda Packet- Page 12 of 143 Page 4 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT October 6, 2022 Board Meeting Minutes- Page 3 Improvement Program, each for a three-year term, with the following firms and in amounts not to exceed: • ICM Group, Inc. for $1,000,000; • Consolidated CM, Inc., for $500,000; and • JN Engineering for $500,000 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. (4-0-1, Williams absent) COVID-19 PANDEMIC RESPONSE 10. Receive update on Central San's response to COVID-19 and other viruses Communications and Governmental Relations Manager Emily Barnett reviewed the presentation included in the agenda materials. In response to a question posed by Member Pilecki about testing for influenza in the wastewater, Ms. Barnett advised that Central San will continue testing for influenza and Monkeypox and provide the results to the state. She thanked all of the hardworking staff for collecting and processing this data. Ms. Barnett showed the Board Members the state testing data site and, at the request of the Board, will provide future updates on this data. BOARD ACTION: Received the update. OTHER BOARD ACTION ITEMS 11. Consider approval of the 2022 Sewer System Management Plan five-year update as mandated by the California State Water Resources Control Board Collections System Operations Division Member Paul Seitz reviewed the presentation included in the agenda materials. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member McGill to approve the 2022 Sewer System Management Plan five-year update as presented. Motion passed by unanimous roll call vote. (4-0-1, Williams absent) 12. Authorize the General Manager to execute a Memorandum of Understanding (MOU) between Central San and East Bay Municipal Utility District (EBMUD) to evaluate the feasibility of various recycled water project concepts Resource Recovery Program Manager Melody LaBella reviewed the presentation included in the agenda materials. October 20, 2022 Regular Board Meeting Agenda Packet- Page 13 of 143 Page 5 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT October 6, 2022 Board Meeting Minutes- Page 4 Member McGill inquired about the Valley Water MOU status. Ms. LaBella advised that it had expired. BOARD ACTION: Motion was made by Member Lauritzen and seconded by Member Pilecki to authorize a Memorandum of Understanding between Central San and EBMUD to evaluate recycled water project concepts as presented. Motion passed by unanimous roll call vote. (4-0-1, Williams absent) In response to a question posed by Member McGill regarding other active MOD's, Ms. LaBella advised that Diablo Country Club and Moraga Country Club are the only remaining MOD's still active. 13. Hold discussion to consider conducting in-person Board meetings in the Board Meeting Room Member McGill expressed his significant interest in returning to the Board room for future meetings. He suggested adding plexiglass to help with the social distancing requirements. Ms. Young advised that the Board would be able to maintain the six-feet requirements, but the General Manager, District Counsel and Secretary of the District would not be able to sit at the dais. Staff would need to filter in and out when presentations were necessary. Member Pilecki stated that with the upcoming flu season and a potential COVID-19 spike, he would recommend holding off on returning to the Board room. Member Lauritzen advised that she was open to the idea, but that it needed to be done in a smart way. The Board consensus was to revisit the issue in a month and see how staff, including the costs, camera capabilities, etc. would impact the decision to return to the Board room. President Pro Tem Hockett expressed her desire to return to the Board room and agreed with revisiting the discussion in a month after the availability of the information noted above. BOARD ACTION: Held discussion and provide direction to staff. 14. 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 October 7, 2022 District Counsel Kent Alm provided the Board with a brief background of the new statute AB 2449, effective January 1, 2023, regarding virtual meetings. October 20, 2022 Regular Board Meeting Agenda Packet- Page 14 of 143 Page 6 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT October 6, 2022 Board Meeting Minutes- Page 5 There was a discussion regarding the necessity of having a quorum in the boundaries of the territory. Mr. Alm advised that he would review the bill further and provide an update to the Board. BOARD ACTION: Motion was made by Member Pilecki 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 October 7, 2022. Motion passed by unanimous roll call vote. (4-0-1, Williams absent) 15. Consider approval to delete a vacant Director of Engineering and Technical Services position; adjust the salary of the Deputy General Manager classification from U20 ($8,316.39-$10,504.26 biweekly) to U14 ($9,563.85-$12,079.90 biweekly), and add a Deputy General Manager position BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Hockett to delete a vacant Director of Engineering and Technical Services position and add a Deputy General Manager position with a salary adjustment from level U20 to U14, as presented. Motion passed by unanimous roll call vote. (4-0-1, Williams absent) REPORTS AND ANNOUNCEMENTS 16. General Manager— Reports a. Receive recap of the 2022 Pollution Prevention Awards, including Recycled Water Champions, Water Quality Community Partners, Pollution Prevention Partner, and Pollution Prevention Award Winners Senior Environmental Compliance Inspector Colleen Henry reviewed the presentation included in the agenda materials. Member Lauritzen inquired which company had the 15-years of compliance. Ms. Henry responded Contra Costa Mosquito and Vector District. General Manager Roger S. Bailey thanked Ms. Henry for being so passionate about her job and for the fantastic work completed at the award ceremony. BOARD ACTION: Received the update. b. Receive update on Accessory Dwelling Unit (ADU) determination and Deed Restriction usage for such matters Planning and Development Services Manager Danea Gemmell provided the Board with an update on ADU determination. She noted that the California Builders Code update is almost completed and staff, once trained, will provide an update on the changes. October 20, 2022 Regular Board Meeting Agenda Packet- Page 15 of 143 Page 7 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT October 6, 2022 Board Meeting Minutes-Page 6 BOARD ACTION: Received the update. 17. General Manager—Announcements a. Announcements — October 6, 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 — Mr. Alm provided the Board with more information regarding the quorum questions mentioned earlier in the meeting. He noted that according to Section E of AB 2449, a quorum of the Board must participate in person from a single location within the boundaries of the territory. 19. Secretary of the District Ms. Young announced the following upcoming Committee meetings: • Special Engineering & Operations — Tuesday, October 11 at 11:00 a.m. • Cancellation of October 19 Real Estate, Environmental & Planning Committee 20. Board Members - Committee Minutes a. September 14, 2022 - Engineering & Operations Committee - Chair Lauritzen and Member Hockett b. September 21, 2022 - Real Estate, Environmental & Planning Committee - Chair Hockett and President Williams C. September 27, 2022 — Finance Committee - Chair McGill 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 Lauritzen - No report. Member McGill • September 22, 2022 - Sustainable Contra Costa - 14th Annual Sustainability Awards, Pleasant Hill Community Center Member McGill also provided a written report covering his announcements and other meetings. October 20, 2022 Regular Board Meeting Agenda Packet- Page 16 of 143 Page 8 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT October 6, 2022 Board Meeting Minutes- Page 7 Member Pilecki • September 14, 2022 - Contra Costa Local Agency Formation Commission (LAFCO) (virtual, stipend declined) President Pro Tem Hockett • September 19, 2022 - Contra Costa Special Districts Association (CCSDA) Chapter meeting (virtual) • September 22, 2022 - Sustainable Contra Costa - 14th Annual Sustainability Awards, Pleasant Hill Community Center BOARD ACTION: Received the reports and announcements. 22. Board Members - Requests for Stipend/Reimbursement or Conference Attendance No requests. EMERGENCY SITUATIONS 23. Receive update to determine whether to continue or terminate the 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 Pilecki to continue authorization for the emergency equipment repairs. Motion passed by unanimous roll call vote. (4-0-1, Williams absent) 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 24 and 25. RECESS TO CLOSED SESSION The Board recessed at 3:51 p.m. to reconvene in closed session. Closed Session (Not video recorded) CLOSED SESSION 24. Personnel matters pursuant to Government Code Section 54957(b)(1) - discipline, dismissal or release of a public employee October 20, 2022 Regular Board Meeting Agenda Packet- Page 17 of 143 Page 9 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT October 6, 2022 Board Meeting Minutes-Page 8 25. Conference with labor negotiators pursuant to Government Code Section 54957.6 - regarding facial masking and testing requirements District Negotiators: • Roger S. Bailey, General Manager • Kenton L. Alm, Esq., District Counsel • Teji O'Malley, Human Resources and Organizational Development Manager Employeeganizations: • Employees' Association, Public Employees Union, Local One • Management Support/Confidential Group (MS/CG) • Management Group RECESS TO OPEN SESSION The Board recessed at 4:48 p.m. to reconvene in open session. REPORT OUT OF CLOSED SESSION No reportable action. ADJOURNMENT The meeting was adjourned at 4:49 p.m. Barbara D. Hockett President Pro Tem 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 October 20, 2022 Regular Board Meeting Agenda Packet- Page 18 of 143