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HomeMy WebLinkAbout02.b. Approve minutes of meeting held 03-02-2023 Page 1 of 9 Item 2.b. CENTRALSAN jdf A- hom CENTRAL CONTRA COSTA SANITARY DISTRICT March 16, 2023 TO: HONORABLE BOARD OF DIRECTORS FROM: KATIE YOUNG, SECRETARYOF THE DISTRICT SUBJECT: MARCH 2, 2023 BOARD MEETING MINUTES Attached are the draft minutes of the above Board meeting. ATTACHMENTS: 1. Draft Minutes of 03-02-23 meeting March 16, 2023 Regular Board Meeting Agenda Packet- Page 16 of 82 Page 2 of 9 CENTRAL SAN CONTRACENTRAL • IMHOFF PLACE, MARTINEZ, CA 9A553-A37 MINUTES* BOARD OF DIRECTORS: BARBARA D.HOCKETT President Pro Tem REGULAR BOARD MEETING MARLAHN LAURITZEN Board Room Presiden t Pro Tem Thursday, March 2, 2023 MICHAEL R.MCGILL 2:30 p.m. DA vice R.WILLAMS DRAFT Open Session — Board Room (Video recorded) ROLL CALL A regular meeting of the Board of Directors was called to order by President Hockett at 2:30 p.m. Secretary Pro Tem Amelia Berumen called roll: PRESENT: Members: Lauritzen, Pilecki, McGill, Hockett ABSENT. Member 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. CONSENT CALENDAR 2. Approve expenditures incurred January 6, 2023 through February 9, 2023 3. Receive Quarterly Financial Review for quarter ending December 31, 2022 4. Receive Budget-to-Actual Expenditure overview through the month of December 2022 These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. March 16, 2023 Regular Board Meeting Agenda Packet- Page 17 of 82 Page 3 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT March 2, 2023 Board Meeting Minutes- Page 2 5. Receive the 2022 Annual Deferred Compensation Report encompassing Central San's 457(b) Deferred Compensation, 401(a) Money Purchase, and Health Reimbursement Arrangement Plans 6. Approve updated administrative overhead and benefits rate of 164% for Fiscal Year (FY) 2023-24 7. Set two separate public hearings for April 6, 2023 at 2:30 p.m. to receive comments on (1) proposed updates to Section 6.12.030 of the District Code, and (2) amending Exhibit A to Ordinance No. 324 to address proposed changes to the "Schedule of Capacity Fees, Rates, and Charges" 8. Set a public hearing for April 6, 2023 at 2:30 p.m. to conduct the annual review of Board Member compensation and benefits and consider amending District Code Section 2.04.030, Compensation of Board Members BOARD ACTION: Motion was made by Member McGill and seconded by Member Pilecki to adopt the Consent Calendar as recommended. Motion passed by unanimous roll call vote of the Board Members present (4-0-1). OTHER BOARD ACTION ITEMS 9. Adopt Resolution No. 2023-014 authorizing (1) execution of a Quitclaim Deed as related to 2072 Alameda Diablo, Diablo, California that (a) reduces the original easement (partial Quitclaim) and (b) quitclaims the Real Property Agreement (RPA); and (2) staff to record documents with the Contra Costa County Clerk-Recorder's Office Member Pilecki advised staff appropriately addressed comments he had noted as part of the original Real Estate, Environmental & Planning Committee meeting agenda packet that was subsequently cancelled. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Lauritzen to adopt Resolution No. 2023-014 authorizing execution and recording of Quitclaim Deeds regarding the property at 2072 Alameda Diablo in Diablo. Motion passed by unanimous roll call vote of the Board Members present (4-0-1). 10. Receive update on District Counsel legal services Request for Proposals process and provide direction to staff General Manager Roger S. Bailey stated that current District Counsel Kenton Alm will retire towards the end of the calendar year and, as previously directed by the Board at a prior meeting, the process to select his successor has been initiated. Staff released a Request for Proposal (RFP) for interested legal parties. Seven responses were received and a preliminary review has been completed. The discussion today was to focus on the Board's direction of the preferred next steps to narrow down the candidates for an ultimate selection. Mr. Bailey summarized three different options for the Board's consideration and a discussion ensued. March 16, 2023 Regular Board Meeting Agenda Packet- Page 18 of 82 Page 4 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT March 2, 2023 Board Meeting Minutes- Page 3 Member Pilecki stated his preference (recorded as a Motion) of Option 3, to have the General Manager screen the proposals and provide a recommendation of finalists for the Board's consideration, that would also include Mr. Alm as part of the screening and recommendation process. Further discussion followed. It was clarified that the manner of Option 3 would be for the General Manager and his team to narrow the selection to four firms for the Board's consideration. Member McGill seconded the original motion after this clarification. BOARD ACTION: Held a discussion. Motion was made by Member Pilecki and seconded by Member McGill to delegate to the General Manager and his team to review the proposals and provide four finalists for the Board's consideration. Motion passed by unanimous roll call vote of the Board Members present (4-0-1). LEGISLATIVE MATTERS 11. Receive update on pending legislative matters and provide direction on priority legislation Communications and Government Relations Manager Emily Barnett reviewed eight legislative items in detail, as listed on the 2023 Priority Legislation Tracking sheet provided in advance of the meeting. The summary included staff's recommended position of each item for the Board's consideration. Ms. Barnett responded to various questions posed by the Board. Ms. Barnett indicated that 2023 is estimated to be an active year. This is due in part to a number of legislative items that could impact Central San, including a bill initiated by the District, and an unexpected state budget deficit. BOARD ACTION: Received the information. Motion was made by Member McGill and seconded by Member Lauritzen to adopt staff's recommended positions as listed on the summary. Motion passed by unanimous roll call vote of the Board Members present (4-0-1). REPORTS AND ANNOUNCEMENTS 12. General Manager—Announcements a. Receive the 2022 National Pollutant Discharge Elimination System (NPDES) Annual Report Plant Operations Division Manager Alan Weer presented the 2022 NPDES Annual Report. Mr. Weer and Supervising Chemist Blake Brown responded to general and technical questions posed by the Board Members. BOARD ACTION: Received the report. March 16, 2023 Regular Board Meeting Agenda Packet- Page 19 of 82 Page 5 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT March 2, 2023 Board Meeting Minutes-Page 4 b. Receive Collection System Operations 2022 Sanitary Sewer Overflow (SSO) Annual Report Provisional Director of Operations Paul Seitz provided a comprehensive review of the 2022 SSO Annual report findings and the protocol to report overflow occurrences. Mr. Seitz responded to several inquiries from the Board Members. As it pertained to historical overflow volume comparisons, Mr. Seitz stated that in prior years, staff has compared the volumes with the previous calendar year. However, with the recently updated Water Discharge Requirements (WDR) of the State Water Board, comparisons to the previous five years will be a part of future SSO annual reporting, as well as additional comparisons requested recently by the Engineering & Operations Committee. An increase in the percentage for overflows in 2022 was contributed to "flushable"wipes; such increase was expected in 2020 and 2021 during the pandemic that was instead seen last year. A discussion followed on public education outreach efforts and legislative requirements for manufacturer labeling on the wipes. Mr. Seitz and Ms. Barnett spoke of continued public outreach efforts by staff, including door-to-door outreach in neighborhoods where an overflow occurred that was attributed to the flushable wipes. Member McGill complimented Mr. Seitz and his staff on the high customer service ratings in addition to the remarkable response times to handle the situations. Member Pilecki also acknowledged the efforts of the Collection System Operations staff as well as the Operations staff for the great work they continually provide to the District also reflected in the prior agenda item. BOARD ACTION: Received the report. C. Receive Optimizations Program Annual Report for Fiscal Year 2021-22 Management Analyst Christina Gee offered her assistance to any questions of the report provided in the agenda materials. Member Pilecki noted his continued amazement and complimented the number of optimizations staff implements. President Hockett stated she attended a Central San Academy event this week and thought the public education academy was a success. She extended her appreciation to those that have presented to the participants. BOARD ACTION: Received the report. March 16, 2023 Regular Board Meeting Agenda Packet- Page 20 of 82 Page 6 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT March 2, 2023 Board Meeting Minutes- Page 5 d. Receive draft Benchmarking Study comparing Central San's performance from Fiscal Years 2018-18, 2019-20, and 2020-21 to water/wastewater agencies statewide and nationwide Member Pilecki thanked staff for becoming involved with AWWA (American Water Works Association) to make the report a more useful tool. BOARD ACTION: Received the information. 13. General Manager—Announcements a. Announcements — March 2, 2023 With deep sorrow, Mr. Bailey publicly announced the very recent passing of Central San Board Member David Williams on March 1 due to an illness. He expressed his gratitude for Member Williams'services, not only to Central San but to numerous agencies, and that his thoughts and condolences are with the family of Member Williams. Other than written announcements included with the agenda materials, no other statements were made. BOARD ACTION: Received the announcements. 14. Counsel for the District - No report. 15. Secretary of the District Ms. Berumen announced the following upcoming Board Committee meetings: • Engineering & Operations Committee — Monday, March 13 at 9.00 a.m. • Administration Committee meeting originally scheduled for March 14 has been rescheduled to Wednesday, March 22 at 9:30 a.m. BOARD ACTION: Received the announcements. 16. Board Members - Committee Minutes a. February 21, 2023 - Finance Committee — President Hockett and Member Lauritzen BOARD ACTION: Received the Committee minutes. March 16, 2023 Regular Board Meeting Agenda Packet- Page 21 of 82 Page 7 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT March 2, 2023 Board Meeting Minutes- Page 6 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 Lauritzen - No report. Member Lauritzen expressed her condolences to the Williams family. Member McGill • March 2, 2023 — East Bay Leadership Council Speaker Series Event (virtual) Member McGill also provided a written report covering his announcements and other meetings. Member Pilecki • February 28, 2023 - City of Pleasant Hill, State of the City Mayor's Breakfast, Pleasant Hill Member Pilecki seconded President Hockett's prior comment on the Central San Academy event that he also attended. He was pleased how engaged and inquisitive the participants were and the great questions they presented. As it pertained to the City of Pleasant Hill event on February 28, he discussed the work involved for city staff to complete its General Plan with the state requirement for cities to provide additional housing. The city must plan for up to 1,900 affordable units. In addition to these units, Member Pilecki expressed concern how the state requirements for other cities within the service area may impact capacity and the District's sewer system. President Hockett - No report. BOARD ACTION: Received the reports and announcements. 18. Board Members - Requests for Stipend/Reimbursement or Conference Attendance No requests. EMERGENCY SITUATIONS None. March 16, 2023 Regular Board Meeting Agenda Packet- Page 22 of 82 Page 8 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT March 2, 2023 Board Meeting Minutes- Page 7 REQUESTS FOR FUTURE AGENDA ITEMS President Hockett requested a future agenda item of urgency regarding appointment of a new Board Member to fill the vacant Division 3 seat. Mr. Alm suggested the matter be heard at a special Board meeting since the District has a limited time to appoint a successor. Mr. Bailey clarified the discussion item would be the manner and process to handle rather than an immediate selection. ANNOUNCE CLOSED SESSION (pursuant to Government Code Section 54957.7) District Counsel Kenton Alm announced that a closed session would be held for Item 19. RECESS TO CLOSED SESSION President Hockett reflected thoughtfully on the passing of Member Williams and her fond memories of him. She shared her hope for others to also embrace their memories. President Hockett recessed the meeting in honor of Board Member David R. Williams at 3:56 p.m. to reconvene in closed session in the Caucus Room. Closed Session (Not video recorded) CLOSED SESSION 19. Closed Session pursuant to Government Code Section 54957(a) — Threat to public services or facilities. RECESS TO OPEN SESSION The Board recessed at 5:15 p.m. to reconvene in open session. REPORT OUT OF CLOSED SESSION No reportable action. ADJOURNMENT The meeting was adjourned at 5:16 p.m. Barbara D. Hockett President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California March 16, 2023 Regular Board Meeting Agenda Packet- Page 23 of 82 Page 9 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT March 2, 2023 Board Meeting Minutes- Page 8 COUNTERSIGNED: Amelia Berumen Secretary Pro Tem Central Contra Costa Sanitary District County of Contra Costa, State of California March 16, 2023 Regular Board Meeting Agenda Packet- Page 24 of 82