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HomeMy WebLinkAbout00. BOARD AGENDA 08-20-20 CENTRALSAN CENTRAL CONTRA COSTA SANITARY DISTRICT i IMHOFF REGULAR BOARD MEETING BOARD OF DIRECTORS AGENDA MCHAEL R.ACGILL-President TAD J.PILECKI-President Pro Tem Thursday,August 20, 2020 PAUL H.CAUSEY Board Room JAMES A.NEJEDLY 1:30 PM DAVID R.WILLIAMS PHONE:(925) 228-9500 FAX(925)372-0192 www.centralsan.org INFORMATION FOR THE PUBLIC Anyone wishing to address the Board of Directors is requested to complete a speaker's card and submit it to the Secretary of the District. In addressing the Board, speakers are requested to step to the podium and state their name and address for the record.The Board President may direct questions to any member of the audience as appropriate at any time during the meeting. All matters listed under the CONSENT CALENDAR are considered to be routine by the Board and will be enacted by one motion.There will be no separate discussion of these items unless requested by a Member of the Board or the public prior to the time the Board votes on the motion to adopt. ADDRESSING THE BOARD ON AN ITEM ON THE AGENDA Persons wishing to speak on PUBLIC HEARINGS and OTHER MATTERS listed on the agenda will be heard when the President calls for comments from the audience, except on public hearing items previously heard and closed to public comment.The President may specify the number of minutes each person will be permitted to speak based on the number of persons wishing to speak and the time available.After the public has commented,the item is closed to further public comment and brought to the Board for discussion and action. There is no further comment permitted from the audience unless invited by the Board. ADDRESSING THE BOARD ON AN ITEM NOT ON THE AGENDA In accordance with state law, the Board is prohibited from discussing matters not calendared on the agenda.You may address the Board on any matters not listed on the agenda, and which are within its jurisdiction, under PUBLIC COMMENTS. Matters brought up which are not on the agenda may be referred to staff for action or calendared on a future agenda. AGENDA REPORTS Supporting material on agenda items is available for public review at the Reception Desk, 5019 Imhoff Place, Martinez, and on Central San's website at wwwcentralsan.ora. Not every agenda item is accompanied by written supporting material. Reports and information relating to agenda items distributed within 72 hours of the meeting to a majority of the Board are also available for public inspection at the Reception Desk and on the website. During the meeting, information and supporting materials are available in the Board Room. AMERICANS WITH DISABILITIES ACT In accordance with the Americans with Disabilities Act and state law, it is the policy of Central San to offer its public meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require special accommodations to participate, please contact the Secretary of the District at least 48 hours in advance of the meeting at(925)229-7303 or kyounq@.centralsan.orq. VIDEOTAPING OF MEETINGS Meetings held in the Board Room are videotaped and posted to Central San's website as soon as practicable following the meeting. August 20, 2020 Regular Board Meeting Agenda Packet- Page 1 of 200 Open Session - Board Room (Video recorded) 1:30 PM PUBLIC MESSAGE REGARDING BROWN ACT/COVID-19 a. This meeting is being held in accordance with the Brown Act as currently in effect under the State Emergency Services Act, the Governor's Emergency Declaration related to COVID-19, and the Governor's Executive Order N-29-20 issued on March 17, 2020 that allows attendance by Board Members, District staff, and the public to participate and conduct the meeting by teleconference, videoconference, or both. Members of the public wishing to provide public comment for items on this Central San Board meeting agenda may do so as follows: 1. Email: You may email comments to Katie Young, Secretary of the District, at sod&centralsan.org no later than one hour prior to the meeting. 2. Telephone: You may record your comments at (925)229-7303 no later than one hour prior to the meeting. 3. During Board Meetings: All regular Central San Board meetings are livestreamed at centralsan.org. If you wish to make a comment during the meeting, please email your comment to sod&centralsan.org. Please identify in your email the agenda item you wish to address. All comments will be read into the record. If you have any questions related to participation in this meeting, please call Secretary of the District Katie Young at (925) 229-7303. ROLL CALL MOMENT OF SILENCE FOR ESSENTIAL WORKERS PUBLIC COMMENT PERIOD REQUESTS TO CONSIDER MATTERS OUT OF ORDER CONSENT CALENDAR 1. Approve the following: a. August 3, 2020 Special Board meeting minutes b. August 6, 2020 Regular Board meeting minutes C. August 10, 2020 Special Board meeting minutes 2. Confirm publication of summary of uncodified District Ordinance No. 311 3. Adopt Resolution No. 2020-026 approving biennial updates to the District's Conflict of Interest Code and directing the Secretary of the District to submit the updated 2020 Conflict of Interest Code to the Contra Costa County Board of Supervisors for approval August 20, 2020 Regular Board Meeting Agenda Packet- Page 2 of 200 4. Set a public hearing for September 17, 2020 at 1:30 p.m. to consider declaring property as currently un-needed and authorize the General Manager, or designee, to lease the property for the land commonly known as "The Topsoil" buffer property(a portion of AP N: 159-140-057) 5. Adopt Resolution No. 2020-027 (1) accepting grant of easement from 17 Cerro Encantado, Lafayette, (2) authorizing execution of quitclaim deed to the same property owners for abandoned easement, and (3) authorizing staff to record documents with the Contra Costa County Recorder 6. Authorize the General Manager to execute a technical consulting services agreement with Hoffman Southwest Corporation in an amount not to exceed $865,000 to provide inspection services for the Large Diameter Pipeline Inspection Program - Phase 1, District Project 8443; and find that the project is exempt from the California Environmental Quality Act (CEQA) 7. Award a construction contract in the amount of$26,584,000 to C. Overaa & Company, the lowest responsive bidder for the Filter Plant and Clearwell I mprovements, Phase 1 A, District Project 7361; find that the project is exempt from the California Environmental Quality Act (CEQA); and authorize the General Manager to: (1) amend an existing agreement with Stantec Consulting Services, I nc. in an amount not to exceed $1,300,000 for engineering services during construction, and (2) execute a professional engineering services agreement in an amount not to exceed $2,100,000 with MW H Constructors, I nc. for construction management services 8. Authorize the General Manager to execute a five-year agreement in an amount not to exceed $180,000 with Denali Water Solutions, LLC, for maintenance solids hauling, treatment, and disposal services; include an additional $500,000 cost ceiling for as- needed emergency services; and find that the agreement is exempt from the California Environmental Quality Act(CEQA) 9. Authorize the General Manager to execute a construction contract change order in the amount of$250,000 with Cratus, I nc. to include the Via Ferrari Sewer Replacement under the Danville Sewer Renovations, Phase 3, District Project 8456 10. Adopt Resolution No. 2020-028 making findings and authorizing the General Manager to extend the existing sole-source, long-term services contract with Solar Turbines, Inc. for maintenance of the Cogeneration Gas Turbine System for a period of five years ending August 31, 2025, at an estimated cost of$1,200,000, pursuant to Public Contract Code Section 3400(c)(3) and District Purchasing Procedures Manual Section 5.3.15 Staff Recommendation (Motion Required): Adopt the Consent Calendar as recommended. COVID-19 PANDEMIC RESPONSE 11. Receive update on Central San's response regarding the Coronavirus (COVID-19) pandemic (5-minute staff presentation) Staff Recommendation: Receive the update. August 20, 2020 Regular Board Meeting Agenda Packet- Page 3 of 200 OTHER BOARD ACTION ITEMS 12. Receive project update, and authorize the General Manager to amend two existing professional engineering services agreements with: (1) Black& Veatch Corporation in an amount not to exceed $1,050,000 for design and bid period services; and (2) MW H Constructors, I nc. in an amount not to exceed $450,000 for constructability review, bid and records verification support for the Solids Handling Facility Improvements, District Project 7348 (5-minute staff presentation) Staff Recommendation (Motion Required): Receive the update and authorize the General Manager to amend two existing professional engineering services agreements with: (1) Black &Veatch Corporation in an amount not to exceed $1,050,000 for design and bid period services; and (2) MWH Constructors, Inc. in an amount not to exceed $450,000 for constructability review, bid and records verification support for the Solids Handling Facility Improvements, District Project 7348. 13. Approve proposed 2.9 percent salary increase for General Manager Roger S. Bailey as set forth in the First Amendment to his November 21, 2019 Employment Agreement, effective August 20, 2020, and a one-time lump-sum payment of$12,493 (equivalent to 80 hours of unaccruable paid time off) Staff Recommendation (Motion Required): Approve proposed 2.9 percent salary increase for General Manager Roger S. Bailey as set forth in the First Amendment to his November 21, 2019 Employment Agreement, effective August 20, 2020, and a one- time lump-sum payment of$12,493. 14. Approve proposed 5 percent salary increase for Secretary of the District Katherine Young, as set forth in the Fourth Amendment to her February 11, 2018 Employment Agreement, effective August 20, 2020 Staff Recommendation (Motion Required): Approve proposed 5 percent salary adjustment for Secretary of the District Katherine Young as set forth in the Fourth Amendment to her current Employment Agreement, effective August 20, 2020. 15. Consider response to Notice of Violation received under the California Voting Rights Act (CVRA) and options for possible transition from an at-large election system to a by- division election system for membership on Central San's Board of Directors, including possible adoption of Resolution of Intent No. 2020-029 under Elections Code § 10010(e) (3) (20-minute presentation by Special Counsel Marguerite Leoni of Nielsen Merksamer) (Motion Required): Provide direction to staff. LEGISLATIVE MATTERS 16. Receive update on pending legislative matters and provide direction on priority legislation (10-minute staff presentation) Staff Recommendation (Motion Required): Provide direction to staff as appropriate, including direction on any additional legislative matters arising after posting of the agenda packet. August 20, 2020 Regular Board Meeting Agenda Packet- Page 4 of 200 REPORTS AND ANNOUNCEMENTS 17. General Manager- Reports a. Receive AgLantis/CoCo San Sustainable Farm 2019 Annual Report and update (5-minute staff presentation) Staff Recommendation: Receive the report and update. 18. General Manager-Announcements a. Announcements -August 20, 2020 Staff Recommendation: Receive the announcements. 19. Counsel for the District 20. Secretary of the District 21. Board Members - Committee Minutes a. August 4, 2020 -Administration Committee - Chair Williams and President McGill b. August 4, 2020 - Engineering & Operations Committee - Chair Nejedly and Member Pilecki C. August 12, 2020 - Engineering & Operations Committee - Chair Nejedly and Member Pilecki Staff Recommendation: Receive the Committee minutes. 22. 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 Causey • August 12-14, 2020 - California Association of Sanitation Agencies (CASA) Annual Conference (held virtually) Member NW" dl Pilecki Member Williams President McGill • August 12-14, 2020 - CASA Annual Conference (held virtually) Staff Recommendation: Receive the reports and announcements. 23. Board Members - Requests for Stipend/Reimbursement or Conference Attendance Authorization to receive a stipend formeeting attendance orexpense reimbursement not specifically addressed in the current Board Compensation Resolution, or authorization for conference attendance not previously approved by the Board. August 20, 2020 Regular Board Meeting Agenda Packet- Page 5 of 200 Staff Recommendation: Consider any requests. a. Consider President McGill's request for reimbursement of$370 annual membership renewal fee for California Public Employers Labor Relations Association (CALPELRA) (Motion Required)to authorize request for reimbursement. 24. Board Members - Other Items a. Authorize President Pro Tem Tad Pilecki to sign comment letter regarding the Plan Bay Area 2050 Draft Blueprint (Motion Required)to authorize President Pro Tem Tad Pilecki to sign comment letter regarding the Plan BayArea 2050 Draft Blueprint. EMERGENCY SITUATIONS REQUESTS FOR FUTURE AGENDA ITEMS ANNOUNCE CLOSED SESSION (pursuant to Government Code Section 54957.7) RECESS TO CLOSED SESSION The Board will recess and reconvene in closed session in the Caucus Room. Closed Session (Not video recorded) CLOSED SESSION 25. Conference with Legal Counsel -Anticipated Litigation - exposure to litigation pursuant to Government Code Section 54956.9(d)(2): • One Potential Case - Southwest Voter Registration Education Project 26. Conference with Legal Counsel -existing litigation pursuant to Government Code Section 54956.9(d)(1): • Kappel v. Central Contra Costa Sanitary District, et al., Contra Costa County Superior Case No. C19-01012 RECESS TO OPEN SESSION REPORT OUT OF CLOSED SESSION ADJOURNMENT August 20, 2020 Regular Board Meeting Agenda Packet- Page 6 of 200