HomeMy WebLinkAbout01.a. Approve minutes of meeting held 08-20-20 Page 1 of 13
Item 1.a.
CENTRALSAN
SANITARYjdf A- hom
CENTRAL CONTRA COSTA , .
September 3, 2020
TO: HONORABLE BOARD OF DIRECTORS
FROM: KATIE YOUNG, SECRETARY OF THE DISTRICT
SUBJECT: AUGUST 20, 2020 BOARD MEETING MINUTES
Attached are the draft minutes of the above Board meeting.
ATTACHMENTS:
1. Draft Minutes of 08-20-20 meeting
September 3, 2020 Regular Board Meeting Agenda Packet- Page 5 of 172
Page 2 of 13
CENTRAL SAN
CENTRAL •NTRA COSTA SANITARY DISTRICT 5019 •
MINUTES* BOARD OF DIRECTORS:
MICHAEL R.MCGILL
President
REGULAR BOARD MEETING
TAD J PILECKI
Board Room President Pro Tent
Thursday, August 20, 2020 PAUL H.CAUSEY
1'30 p.m. JAMES A.NEJEDLY
DAVID R. WILLIAMS
DRAFT
Open Session — Board Room
(Video recorded)
NOTICE
In accordance with the Governor's Executive Order N-29-20, which suspended certain
requirements of the Brown Act due to the ongoing COVID-19 pandemic, all Board Members
participated in this meeting via teleconference. Members of the public were provided
options to participate in the meeting as provided on the agenda.
ROLL CALL
A regular meeting of the Board of Directors was called to order by President McGill at
1:31 p.m. Secretary of the District Katie Young called roll:
PRESENT(via videoconference): Members: Causey, Nejedly, Pilecki, Williams, McGill
ABSENT: Members: None
MOMENT OF SILENCE FOR ESSENTIAL WORKERS
President McGill called for a moment of silence in honor of all essential workers during the
COVID-19 pandemic. Member Williams dedicated the moment of silence to all small
business owners who have struggled during the pandemic.
President McGill also announced that he would be adjourning the meeting in honor of
Deputy General Manager Ann Sasaki, who retired on August 18, 2020.
PUBLIC COMMENT PERIOD
No comments.
These summary minutes are supplemented by a corresponding video recording available on the District's
website at centralsan.org.
September 3, 2020 Regular Board Meeting Agenda Packet- Page 6 of 172
Page 3 of 13
CENTRAL CONTRA COSTA SANITARY DISTRICT
August 20, 2020 Board Meeting Minutes-Page 2
REQUESTS TO CONSIDER MATTERS OUT OF ORDER
None.
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
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 APN: 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
Improvements, Phase 1A, 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, Inc.
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 MWH Constructors, Inc. for construction management
services
September 3, 2020 Regular Board Meeting Agenda Packet- Page 7 of 172
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CENTRAL CONTRA COSTA SANITARY DISTRICT
August 20, 2020 Board Meeting Minutes -Page 3
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, Inc. 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
Ms. Young announced a public comment had been received earlier in the day regarding
Item 6, so the item was pulled for separate discussion.
BOARD ACTION: Motion was made by Member Williams and seconded by Member
Causey to adopt Items 1-5 and Item 7-10 on the Consent Calendar as recommended.
Motion passed by unanimous roll call vote.
Regarding Item 6, Ms. Young read aloud the public comment received via email from
Dave Petrosky, CEO of RedZone Robotics, Inc. Director of Engineering and Technical
Services Jean-Marc Petit advised that staff prepared a response to RedZone regarding the
inquiry and spoke with Mr. Petrosky after receiving his email to better understand his
concerns. Mr. Petit summarized the response provided to Mr. Petrosky stating that a
Request for Proposal (RFP) was completed and the scoring criteria was based off a quality-
based selection.
Mr. Petit responded to several questions from Board Members, explaining that Mr. Petrosky
had not known that Hoffman Southwest Corporation had teamed with CUES, Inc., another
recognized leader in the industry for fabricating multi-sensor inspection solutions. He also
did not realize that the entire $865,000 amount requested was not being awarded to
Hoffman. Roughly half that amount would be for add-ons at staff's discretion during the
various phases of the pilot program. He also acknowledged that there would be some
ability to assess Hoffman's capability and methodology before proceeding with any add-on
items.
BOARD ACTION: Motion was made by Member Pilecki and seconded by Member
Williams to adopt Item 6 on the Consent Calendar as recommended. Motion passed
by unanimous roll call vote.
September 3, 2020 Regular Board Meeting Agenda Packet- Page 8 of 172
Page 5 of 13
CENTRAL CONTRA COSTA SANITARY DISTRICT
August 20, 2020 Board Meeting Minutes -Page 4
COVID-19 PANDEMIC RESPONSE
11. Receive update on Central San's response regarding the Coronavirus (COVID-19)
pandemic
Communications and Intergovernmental Relations Manager Emily Barnett reviewed
the presentation distributed before the meeting.
Ms. Barnett acknowledged the current wildfire situation, noting that email
communication and safety precautions regarding air quality have been put into
place.
BOARD ACTION: Received the update.
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) 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
Director of Engineering and Technical Services Jean-Marc Petit reviewed the
presentation included with the agenda materials.
BOARD ACTION: Motion was made by Member Pilecki and seconded by
Member Nejedly to 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. Motion
passed by unanimous roll call vote.
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)
BOARD ACTION: Motion was made by Member Pilecki and seconded by
Member Causey to approve the 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. Motion passed by unanimous roll call
vote.
September 3, 2020 Regular Board Meeting Agenda Packet- Page 9 of 172
Page 6 of 13
CENTRAL CONTRA COSTA SANITARY DISTRICT
August 20, 2020 Board Meeting Minutes -Page 5
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
BOARD ACTION: Motion was made by Member Williams and seconded by
Member Causey to approve the 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.
Motion passed by unanimous roll call vote.
President McGill stated that long, detailed reviews occurred both with the General
Manager and Secretary of the District and that they both have done great work, and
he believes the adjustments are justified.
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)
Special Counsel Marguerite Leoni of Nielsen Merksamer reviewed the presentation
distributed with the agenda material.
Ms. Leoni responded to several questions from the Board Members on the options
provided.
Member Causey suggested that the Board authorize Ms. Leoni to speak with
Mr. Shenkman to negotiate an agreement to allow the District to postpone moving
toward by-division elections until after the 2020 Census data is published in 2021. He
suggested adding another meeting on the item before August 27 for the Board to
consider action, should Mr. Shenkman not be amendable. Ms. Leoni advised that it is
not unusual to negotiate but suggested that it could become more complex, and
Mr. Shenkman could demand more.
In response to a question from Member Pilecki, Ms. Leoni stated that if the Board
approved Option 1, Mr. Shenkman would be removed from the process of designing
the divisions, as those would be entirely at the discretion of the Board.
Ms. Young read the public comment received via telephone and stated that the Board
received a summary of public outreach with comments on the District's social
meeting page before the Board meeting, which was included in the agenda materials.
Member Causey expressed extreme concern about the amount of work staff would
need to accomplish during the ongoing pandemic and wildfires, etc. Mr. Bailey
assured him that staff was prepared to execute whatever option the Board adopted.
Member Nejedly stated that he did not believe Mr. Shenkman truly cared about voter
discrepancy within the District, and he believed the District had received no
September 3, 2020 Regular Board Meeting Agenda Packet- Page 10 of 172
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August 20, 2020 Board Meeting Minutes-Page 6
complaints regarding this issue. He also expressed concern about potential
vacancies if no candidates ran for a particular division.
In response to a question from Member Pilecki, Ms. Barnett stated that member
agencies had not received letters like that received by Central San, but after speaking
with a representative from the League of California Cities, a number of cities have
received the letter with the same demand.
There was a discussion on the cost of Option 1 and the Governor's Executive Order
to toll the safe harbor period with respect to the CVRA.
Member Pilecki inquired about convening in closed session to discuss this matter.
District Counsel Kent Alm stated that the Board could choose to go into closed
session prior to a motion if further legal advice was desired regarding potential
litigation.
President McGill asked the Board Members if they would like to convene in closed
session to receive additional legal advice.
Member Causey called for a point of order regarding the closed session after the
action item was taken.
President McGill stated that the Board could convene in closed session and then
come back and make a motion.
Member Nejedly stated his belief that convening in closed session was not
transparent.
District Counsel Kent Alm suggested taking an informal headcount of those who
would like to convene in closed session. A majority of the Board Members concurred
to recess to closed session.
Mr. Alm suggested that both scheduled closed session items be heard because
Item 26 should be brief.
ANNOUNCE CLOSED SESSION (pursuant to Government Code Section 54957.7)
District Counsel Kent Alm announced that a closed session would be held for Items 25
and 26.
Member Pilecki advised that he would be recusing himself from Item 26.
RECESS TO CLOSED SESSION
The Board recessed at 3:36 p.m. to reconvene in closed session in the Caucus Room.
September 3, 2020 Regular Board Meeting Agenda Packet- Page 11 of 172
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August 20, 2020 Board Meeting Minutes-Page 7
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
The Board recessed at 4:25 p.m. to reconvene in open session in the Board Room.
REPORT OUT OF CLOSED SESSION
Item 25 — Discussion was held with special counsel; no reportable action was taken.
Item 26 — Conference was held with District Counsel, no reportable action was taken.
The Board returned to continue discussing Item 15.
Member Williams said the process of having an at-large electoral process had been
working well for Central San since its creation in 1946. However, faced with the
threat of legal action under the CVRA, if the District does not move to a by-division
electoral process, the Board must decide how to proceed. For this reason, he said
he was in favor of adopting Option 1.
Member Pilecki concurred with Member Williams, stating his belief that the whole
proposal was not good for the District or its constituents. On the other hand, the
costs of fighting it could be in the $1-2 million range, and the bottom line was that the
threat of litigation would remain in the future.
Member Causey agreed with Members Williams and Pilecki; however, his preference
was to first reach out to Mr. Shenkman to discuss postponing the drawing of division
maps until after the 2020 Census data is available. That would save the cost of
having to update division maps again in 2021. President McGill concurred and said
he would entertain a motion in accordance with Member Causey's suggestion.
Ms. Young read the public comment she received via email during the meeting from
Scott Rafferty of Walnut Creek to take into consideration the tolling of the safe harbor
period as allowed by the Governor's Order.
September 3, 2020 Regular Board Meeting Agenda Packet- Page 12 of 172
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August 20, 2020 Board Meeting Minutes -Page 8
Member Williams said that he appreciated Mr. Rafferty's comments but, given advice
of special counsel that the legality of the Governor's tolling extension had not been
legally tested, the District was up against a short timeline to take action.
MOTION #1: Motion was made by Member Williams and seconded by Member
Pilecki to approve Option 1 by adopting Resolution of Intent No. 2020-
029 under Elections Code § 10010(e)(3) declaring the District's intention to
transition from at-large to by-division elections following the procedures
required by Elections Code § 10010(a) and (e), without consideration of the
Governor's Executive Order tolling the safe harbor period.
Member Causey asked that the motion be amended to allow for legal counsel to
reach out to Mr. Shenkman regarding a reasonable accommodation to complete by-
division elections after the 2020 Census is published.
Member Williams said he was not amenable to amending his motion.
President McGill asked Member Causey if he wished to make an alternative motion,
which he then did:
ALTERNATIVE MOTION #2: Motion was made by Member Causey and
seconded by President McGill to immediately reach out to attorney Kevin
Shenkman to determine if he would be amenable to postponing the drawing of
division maps under the California Voting Rights Act (CVRA) until after the
2020 Census data is available. The alternative motion failed by the following
roll call vote:
AYES: Members: Causey, McGill
NOES: Members: Nejedly, Pilecki, Williams
ABSENT: Members: None
Ms. Leoni advised the Board that if they adopted Option 1, the dates in Exhibit A
were tentative and could be modified as long as they were within the 90-day safe
harbor period.
With the failing of the alternative motion, the Board voted on Member Williams'
original motion to adopt Option 1.
BOARD ACTION: Motion was made by Member Williams and seconded by
Member Pilecki to approve Option 1 by adopting Resolution of Intent No. 2020-
029 under Elections Code § 10010(e)(3) declaring the District's intention to
transition from at-large to by-division elections following the procedures
required by Elections Code § 10010(a) and (e), without consideration of the
Governor's Executive Order tolling the safe harbor period. The motion passed
by the following roll call vote:
AYES: Members: McGill, Pilecki, Williams
September 3, 2020 Regular Board Meeting Agenda Packet- Page 13 of 172
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August 20, 2020 Board Meeting Minutes -Page 9
NOES: Members: Causey, Nejedly
ABSENT: Members: None
Member Causey stated that his reason for voting against the motion was because all
other remedies had not been exhausted.
LEGISLATIVE MATTERS
16. Receive update on pending legislative matters and provide direction on priority
legislation
In the interest of time, Ms. Barnett stated that AB 1672 (disposable wipes bill) had
been heard earlier in the day in the Senate Appropriations Committee, where it was
held on suspense and therefore died. She concluded by saying the current
legislative session will close August 31.
REPORTS AND ANNOUNCEMENTS
17. General Manager— Reports
a. Receive AgLantis/CoCo San Sustainable Farm 2019 Annual Report and
update
BOARD ACTION: Postponed this item to the next meeting.
18. General Manager— Announcements
a. Announcements —August 20, 2020
1) Communications Group receives awards from California Association of
Public Information Officials (CAPIO) for Pipeline customer newsletter,
photography, and social media campaign
2) Deputy General Manager Ann Sasaki retired effective August 17, 2020
General Manager Roger S. Bailey expressed his gratitude to
Ms. Sasaki for the exceptional services she rendered to the District
over the last five and one-half years. He said he and staff wish her all
the best in her retirement.
3) Temporary hiring back of retired employee to provide support during
implementation of Enterprise Resource Planning (ERP) system
4) Second quarter update on Central San's energy usage
BOARD ACTION: Received the announcements.
September 3, 2020 Regular Board Meeting Agenda Packet- Page 14 of 172
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August 20, 2020 Board Meeting Minutes-Page 10
19. Counsel for the District
Mr. Alm announced that the Board had authorized a settlement of potential litigation
with Mr. Jack Silver of California River Watch for$25,000. The agreement, which
has been fully executed, requires the District to continue most of the things it
currently does regarding the collection system and includes River Watch's
agreement not to sue the District or send any notices of violation to the District for
ten years.
The Board requested a copy of the settlement agreement.
BOARD ACTION: Received the announcement.
20. Secretary of the District
Ms. Young announced the following upcoming meetings:
Finance Committee — Tuesday, August 25 at 2:00 p.m.
Engineering & Operations Committee — Tuesday, September 1 at 2:00 p.m.
BOARD ACTION: Received the announcements.
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
BOARD ACTION: Received 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 Nejedly— No report.
Member Pilecki — No report.
Member Williams — No report.
September 3, 2020 Regular Board Meeting Agenda Packet- Page 15 of 172
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August 20, 2020 Board Meeting Minutes -Page 11
President McGill
• August 12-14, 2020 — CASA Annual Conference (held virtually)
President McGill also provided a written report covering his announcements
and other meetings.
BOARD ACTION: Received the reports and announcements.
23. 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.
a. Consider President McGill's request for reimbursement of $370 annual
membership renewal fee for California Public Employers Labor Relations
Association (CALPELRA)
BOARD ACTION: Motion was made by Member Williams and seconded
by Member Pilecki to authorize President McGill's request for
reimbursement of $370 for the annual CALPELRA membership renewal
fee. Motion passed by the following roll call vote:
AYES: Members: McGill, Nejedly, Pilecki, Williams
NOES: Members: None
ABSTAIN: Members: Causey
24. Board Members — Other Items
a. Authorize President Pro Tem Tad Pilecki to sign comment letter regarding the
Plan Bay Area 2050 Draft Blueprint
President McGill explained the reasoning for requesting the Board to sign the
comment letter included with the agenda material.
BOARD ACTION: Motion was made by Member Williams and seconded
by Member Pilecki to authorize President Pro Tem Tad Pilecki to sign
the comment letter regarding the Plan Bay Area 2050 Draft Blueprint.
Motion passed by unanimous roll call vote.
EMERGENCY SITUATIONS
None.
REQUESTS FOR FUTURE AGENDA ITEMS
None.
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August 20, 2020 Board Meeting Minutes-Page 12
ADJOURNMENT
The meeting was adjourned at 4:59 p.m. in honor of Deputy General Manager Ann Sasaki,
who retired on August 18, 2020.
Michael R. McGill, P.E.
President 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
September 3, 2020 Regular Board Meeting Agenda Packet- Page 17 of 172