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00. BOARD AGENDA 05-06-2021 CENTRALSAN CENTRAL CONTRA COSTA SANITARY DISTRICT i IMHOFF REGULAR BOARD MEETING BOARD OF DIRECTORS AGENDA TAD J.PILECKI-President DAVID R.IMLOAM S-President Pro Tem Thursday, May 6, 2021 BARBARA D.HOCKETT Multi-Purpose Room M4RIAHN.LAUR17ZEN 1:30 PM IVICHAEL R.IVCGILL 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. May 6, 2021 Regular Board Meeting Agenda Packet- Page 1 of 239 Open Session - Multi-Purpose 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. Telephone: You may record your comments at (925)229-7303 no later than one hour prior to the meeting. 2. Email: All regular Central San Board meetings are livestreamed at centralsan.org. If you wish to make a comment before or during the meeting, please email your comment to sodfc_Dcentralsan.org and identify 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 PLEDGE OF ALLEGIANCE PUBLIC COMMENT PERIOD REQUESTS TO CONSIDER MATTERS OUT OF ORDER CONSENT CALENDAR 1. Approve the following: a. April 13, 2021 Special Board meeting minutes b. April 15, 2021 Regular Board meeting minutes 2. Approve expenditures incurred March 18, 2021 through April 15, 2021 3. Set public hearing for May 20, 2021 at 1:30 p.m. to receive comments on declaring District-owned properties commonly known as "Lagiss", "County Quarry", and the "Triangle" as currently unneeded for District purposes and authorize staff to execute and administer lease agreements for the properties with terms not to exceed ten years 4. Set public hearing for June 3, 2021 at 1:30 p.m. to receive public comment on adopting the Central San Budget for Fiscal Year 2021-22 May 6, 2021 Regular Board Meeting Agenda Packet- Page 2 of 239 5. Set public hearing for June 3, 2021, at 1:30 p.m. to receive public comment on: • Adopting an uncodified ordinance amending the Schedule of Capacity Fees, and • Adopting an uncodified ordinance amending the Schedule of Environmental and Development-Related Fees and Charges 6. Adopt updated salary schedule for all District job classifications effective April 18, 2021 7. Approve Phase 2 -Aeration Basins Diffuser Replacement and Seismic Upgrades Project in the Fiscal Year 2020-2021 Budget and funding from the Steam and Aeration Blower Systems Renovations, District Project 7349; find the project is exempt from the California Environmental Quality Act; and authorize the General Manager to amend an existing agreement with HDR, I nc. to include final design services in an amount not to exceed $1,856,000, increasing the cost ceiling to $5,326,000 8. Adopt Resolution No. 2021-020 authorizing execution of a real property agreement related to 111 EI Centro, Diablo, and authorizing staff to record documents with the Contra Costa County Recorder 9. Adopt Resolution No. 2021-021 authorizing execution of three quitclaim deeds for properties located on Autumn Trail Lane and Paulson Lane, Walnut Creek, as listed on Exhibit A to the resolution; and authorizing staff to record documents with the Contra Costa County Recorder 10. Adopt Resolution No. 2021-022 accepting a grant of easement for sanitary sewer and recycled water facilities from the Contra Costa County Flood Control District related to the Pleasant Hill Relief Interceptor, District Project 4985, and authorize staff to record documents with the Contra Costa County Recorder 11. Authorize the General Manager to execute a construction contract change order in the amount of$419,500 with Mountain Cascade, I nc. to include Tier 4 emissions control equipment for the Pump Station Upgrades, Phase 1, District Project 8436; and authorize a budget transfer in the amount of$420,000 from the Capital Improvement Budget Contingency Staff Recommendation (Motion Required): Adopt the Consent Calendar as recommended. OTHER BOARD ACTION ITEMS 12. Consider adopting Resolution 2021-023 to appoint the proposed 2021 Bond Offering Financing Team; authorize financing through the use of Certificates of Participation offered through a competitive sale; revise the Fiscal Year(FY) 2020-21 Sewer Service Charge (SSC) allocation ratios and direct remaining (April and June) distributions to Operations and Maintenance (O&M) Reserve fund; and specify the intent that FY 2020-21 spending be reimbursable from bond proceeds no earlier than 60 days prior to resolution adoption (20-minute staff presentation) Staff Recommendation (Motion Required): Adopt Resolution No. 2021-023 that authorizes staff to: 1. Appoint a financing team for the 2021 obligations, consisting of PFM Financial Advisors LLC and Jones Hall; 2. Finance through the use of Certificates of Participation with the District's Facilities Financing Authority; May 6, 2021 Regular Board Meeting Agenda Packet- Page 3 of 239 3. Offer the securities through a competitive sale; 4. Revise the FY 2020-21 SSC allocation ratios and direct remaining distributions (April and June) to the O&M Reserve; and 5. Specify the intent that FY 2020-21 capital spending not earlier than 60 days prior to the date of adoption of this resolution be reimbursable by debt proceeds. 13. Find the apparent low bidder's bid to be non-responsive; award a construction contract in the amount of $4,001,000 to McGuire & Hester, the lowest responsive and responsible bidder for the Contractor Staging Improvements, District Project 7375; and • I nclude award of an additive bid item in the amount of$9,300 for the Recreational Vehicle Receiving Station; • Find the project is exempt from the California Environmental Quality Act; • Authorize an agreement amendment with Woodard & Curran, Inc. in the amount of $50,000, increasing the cost ceiling to $367,000; and • Authorize a budget transfer of$800,000 (20-minute staff presentation) Staff Recommendation (Motion Required): Receive the information and take the following actions for the Contractor Staging Improvements, District Project 7375: 1. Find the Project is exempt from CEQA; 2. Find the apparent low bidder, Carone and Company, Inc., to be non-responsive; 3. Award a construction contract in the amount of$4,001,000 to McGuire & Hester, the lowest response and responsible bidder; 4. Include award of the additive bid item in the amount of$9,300 for the construction of the Recreational Vehicle Receiving Station; 5. Authorize the General Manager to execute the Contract Documents subject to submittal requirements; 6. Authorize the General Manager to amend an existing agreement with Woodard & Curran, Inc. in the amount of$50,000, increasing the agreement cost ceiling to $367,000; and 7. Authorize a budget transfer of$800,000 from the FY 2020-21 CIB Contingency to the Project. COVID-19 PANDEMIC RESPONSE 14. Receive update on Central San's response regarding the Coronavirus (COVI D-19) pandemic (No presentation is planned, staff will be available to answer questions) Staff Recommendation: Receive the update. LEGISLATIVE MATTERS 15. 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. May 6, 2021 Regular Board Meeting Agenda Packet- Page 4 of 239 REPORTS AND ANNOUNCEMENTS 16. General Manager-Announcements a. Announcements - May 6, 2021 Staff Recommendation: Receive the announcements. 17. Counsel for the District a. Report out on Board action taken during Closed Session at the April 15, 2021 Regular Board meeting (2-minute verbal report from District Counsel Kenton L.Alm) Staff Recommendation: Receive the report. 18. Secretary of the District 19. Board Members - Committee Minutes a. April 12, 2021 - Real Estate, Environmental & Planning Committee - Chair McGill and Member Hockett b. April 20, 2021 - Engineering & Operations Committee - Chair Williams and Member Lauritzen C. April 27, 2021 - Finance Committee - Chair Pilecki and Member McGill Staff Recommendation: Receive the Committee minutes. 20. 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 • April 22-23, 2021 - Spring 2021 Central San Academy (virtual, no stipend) Member Lauritzen • April 22, 2021 - Spring 2021 Central San Academy (virtual, no stipend) Member McGill • April 22-23, 2021 - Spring 2021 Central San Academy (virtual, no stipend) • April 27, 2021 - National Association of Clean Water Agencies (NACWA) Water Week Policy Zoom-1 n (virtual, expenses) Member Williams • April 22, 2021 - Spring 2021 Central San Academy (virtual, no stipend) President Pilecki • April 22-23, 2021 - Spring 2021 Central San Academy (virtual, no stipend) Staff Recommendation: Receive the reports and announcements. May 6, 2021 Regular Board Meeting Agenda Packet- Page 5 of 239 21. 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 Resolution, or authorization for conference attendance not previously approved by the Board. Staff Recommendation: Consider any requests. EMERGENCY SITUATIONS 22. Receive update to determine whether to continue or terminate the immediate sewer replacement situation at EI Toyonal in Orinda (No presentation is planned; staff will be available to answer questions) Staff Recommendation (Motion Required): Receive the update and either continue or terminate the emergency situation as required. REQUESTS FOR FUTURE AGENDA ITEMS MEETING OF FACILITIES FINANCE AUTHORITY 23. Adjourn Board meeting and reconvene as the Central Contra Costa Sanitary District Facilities Financing Authority (FFA)to consider adopting Resolution No. 2021- 02 to rescind Resolution No. 2021-01 that would have dissolved the Authority Note: In compliance with Assembly Bill 23, Board Members will not receive a separate or increased stipend for attendance at this meeting. (No presentation is planned; staff will be available to answer questions) Staff Recommendation (Motion Required): President Pilecki will adjourn the Board meeting and, as acting FFA Chair, will call to order a meeting of the FFAto consider taking action to adopt Resolution No. 2021-02 to rescind Resolution No. 2021-01. ANNOUNCE CLOSED SESSION (pursuant to Government Code Section 54957.7) RECESS TO CLOSED SESSION The Board will recess and reconvene in closed session. Closed Session (Not video recorded) CLOSED SESSION 24. Conference with Legal Counsel — Threat of Litigation— anticipated exposure to litigation pursuant to Government Code Section 54956.9(d)(2): • One Potential Case — Carone & Company, Inc. v. Central San. 25. Conference with labor negotiators pursuant to Government Code Section 54957.6: District Negotiators: Roger S. Bailey, General Manager May 6, 2021 Regular Board Meeting Agenda Packet- Page 6 of 239 • 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 RECESS TO OPEN SESSION REPORT OUT OF CLOSED SESSION ADJOURNMENT May 6, 2021 Regular Board Meeting Agenda Packet- Page 7 of 239