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HomeMy WebLinkAbout01.b. Approve minutes of meeting held 04-15-2021 Page 1 of 11 Item 1.b. CENTRALSAN jdf A- hom CENTRAL CONTRA COSTA SANITARY DISTRICT May 6, 2021 TO: HONORABLE BOARD OF DIRECTORS FROM: KATIE YOUNG, SECRETARYOF THE DISTRICT SUBJECT: APRIL 15, 2021 REGULAR BOARD MEETING MINUTES Attached are the draft minutes of the above Board meeting. ATTACHMENTS: 1. Draft Minutes of 04-15-21 meeting May 6, 2021 Regular Board Meeting Agenda Packet- Page 11 of 239 Page 2 of 11 CENTRAL SAN CENTRAL •NTRA COSTA SANITARY DISTRICT 5019 • MINUTES* BOARD OF DIRECTORS: TAD J.PILECKI President REGULAR BOARD MEETING DAVID R. WILLIAMS Board Room President Pro Tem Thursday, April 15, 2021 BARBARA D.HOCKETT 1.30m. MARIAH N LAURITZEN p' MICHAEL R.MCGILL 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 Pilecki at 1:30 p.m. Secretary of the District Katie Young called roll: PRESENT(via videoconference): Members: Hockett, Lauritzen, McGill, Williams, Pilecki ABSENT: Members: None PLEDGE OF ALLEGIANCE Ms. Young recited 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. May 6, 2021 Regular Board Meeting Agenda Packet- Page 12 of 239 Page 3 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT April 15, 2021 Board Meeting Minutes -Page 2 CONSENT CALENDAR 1. Approve the following: a. March 25, 2021 Special Board meeting minutes b. April 1, 2021 Regular Board meeting minutes C. April 8, 2021 Special Board meeting minutes 2. Confirm publication of summaries of 1) amendment to Exhibit A of uncodified District Ordinance No. 309, and 2) codified District Ordinance No. 315 3. Adopt (1) Resolution of Intention No. 2021-017 to initiate the formation of the Cordell Drive West Contractual Assessment District (CAD) No. 2021-1 for the purpose of installing sewer improvements on Cordell Drive in Danville; and (2) Resolution No. 2021-018 approving the boundary for the proposed CAD 4. Adopt Resolution No. 2021-019 authorizing execution of a real property agreement for the property located at 6 Green Valley Drive in Lafayette, and authorizing staff to record documents with the Contra Costa County Recorder 5. Authorize the General Manager to execute a professional engineering services agreement with Carollo Engineers, Inc. in an amount not to exceed $900,000 for planning and pre-design services for the Ultraviolet (UV) Disinfection Replacement, District Project (DP) 100012 and UV Hydraulic Improvements, DP 100013 6. Adopt new Board Policy No. BP 043 - Buffer Property Management, effective immediately BOARD ACTION: Motion was made by Member Hockett and seconded by Member Williams to adopt the Consent Calendar as recommended. Motion passed by unanimous roll call vote. PUBLIC HEARINGS 7. Conduct a public hearing in accordance with Ordinance No. 304 to consider the financial condition of Central San with respect to the current need for the previously adopted Fiscal Year (FY) 2021-22 Sewer Service Charge (SSC) Rate of $660 for a single-family residence and FY 2021-22 rates for other user groups Planning and Development Services Division Manager Danea Gemmell reviewed the presentation included in the agenda material. President Pilecki opened the public hearing, hearing no comments, immediately closed the hearing. BOARD ACTION: Motion was made by Member McGill and seconded by Member Hockett to take no further action to allow the SSC rate of $660 for single-family residence and Fiscal Year 2021-22 rates for other user groups to be imposed. Motion passed by unanimous roll call vote. May 6, 2021 Regular Board Meeting Agenda Packet- Page 13 of 239 Page 4 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT April 15, 2021 Board Meeting Minutes-Page 3 President Pilecki assured the public that the Board and staff have spent a tremendous amount of time reviewing this information in multiple meetings, including a recent and thorough review at the Board Financial Workshop in March. 8. Conduct public hearing for annual review of Board Member compensation and benefits President Pilecki opened the public hearing, hearing no comments, immediately closed the hearing. BOARD ACTION: Motion was made by Member McGill and seconded by Member Williams to leave the Board Member compensation and benefits unchanged. Motion passed by unanimous roll call vote. OTHER BOARD ACTION ITEMS 9. Find the apparent low bidder's bid to be non-responsive and reject protest by Carone & Company, Inc.; 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 • Include 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 General Manager Roger Bailey clarified that the recommendation is now to reject all bids and explained that staff changed its recommendation based on new information received after the agenda packet had been published. Director of Engineering and Technical Services Jean-Marc Petit reviewed a revised presentation from that included in the agenda materials and explained why staff is now recommending rejection of all bids. Capital Projects Division Manager Edgar Lopez answered several questions from the Board Members and reviewed the clerical errors mentioned by the contractors. In response to a question regarding issues with Central San's bid form, Mr. Petit stated that there are no issues with the unit price on the form. District Counsel Kent Alm concurred. There was a lengthy discussion on the options and consequences to reject all bids versus awarding the contract to the second apparent low bidder, McGuire & Hester. Member McGill suggested to continue the item to allow staff to further investigate and return to the Engineering & Operations Committee for further review. May 6, 2021 Regular Board Meeting Agenda Packet- Page 14 of 239 Page 5 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT April 15, 2021 Board Meeting Minutes-Page 4 Member Hockett stated that the Board is responsible for setting policies and would prefer to defer this issue to the General Manager and to proceed with the staff recommendation. Lloyd Carone, owner of Carone & Company, Inc. (Carone & Co.) expressed his dissatisfaction with Central San's bid form in relation to the unit price. He requested the Board award the contract to Carone & Co. and stated his belief that the bid is responsive and remains the apparent low bidder. Grant Carone, Mr. Llyod Carone son, stated that the other two bids did not write out the unit price and should be deemed non-responsive as well. Mr. Lopez explained that those were clerical errors, whereas the errors on the Carone & Co.'s bid were pricing and material errors that changed the total bid and caused it to be unbalanced, therefore, unresponsive. Mike Hester of McGuire & Hester opined staff's original recommendation is correct and that threatening litigation is a standard practice within a protest letter. He continued that the District has no choice but to reject Carone & Co.'s bid and award the contract to McGuire & Hester, as its bid is considered responsive. Kim Carone, attorney for McGuire & Hester, stated that Carone & Co. made a substantial bid error of material and believes that should the Board reject all bids, not only is time being wasted but money as well. She noted that McGuire & Hester's bid is the responsive and responsible bidder and is also ready and capable to proceed immediately with the project. Mr. Lopez provided a timeline on the bid protest and correspondence staff received from both parties. It was noted that Carone & Co. letters were never received by McGuire & Hester. There was a discussion held regarding the next steps. In response to a question from Member Lauritzen, Mr. Alm stated that should Carone & Co. decide to litigate this issue, the District would incur significant legal costs. President Pilecki opined that the Board does not have enough information at this time to make a Board policy decision and that Member McGill's suggestion to defer this item until the next scheduled meeting on May 6 would provide ample time for staff to review all of the information within the timeframe in which the Board must take action. BOARD ACTION: Motion was made by Member McGill and seconded by Member Pilecki to defer this item to the May 6 Board meeting for determination. Motion passed by unanimous roll call vote. May 6, 2021 Regular Board Meeting Agenda Packet- Page 15 of 239 Page 6 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT April 15, 2021 Board Meeting Minutes -Page 5 10. Approve Maintenance Access (Manhole) Covers Beautification Proposal Communications and Intergovernmental Relations Manager Emily Barnett reviewed the presentation included in the agenda materials. In response to a question from Member Lauritzen, Ms. Barnett stated that there will be a direct connection to Central San with the new manhole covers as they will have the company name engraved on them for emergency services. Member Williams expressed concern about replacing good manhole covers. Collection System Operations Division Manager Paul Seitz stated that along with replacement of damaged covers, there will be a phased approach to replace covers in high traffic areas. He noted that the older, undamaged covers will be salvaged. Mr. Seitz continued that approximately 400-500 manholes are replaced a year due to damage. President Pilecki raised a concern regarding public perception of replacing manhole covers and raising rates. Ms. Barnett explained that the cost is the same regardless of the cover and that there would be no additional cost to the customers, only the initial fee to produce a template. Member Hockett opined that the project was a fabulous idea and a positive demonstration of what the District does. She supported staff's position to recycle or repurpose the manholes that are replaced. President Pilecki advised that he was opposed to this project at this time and that it should be reconsidered when pandemic subsides. Ms. Barnett informed the Board that once the design of the manhole has been completed, she would bring it back to the Board for approval. BOARD ACTION: Motion was made by Member Hockett and seconded by Member McGill to approve the staff recommendation and move forward immediately. Motion passed by the following vote: AYES: Members: Hockett, Lauritzen, McGill, Williams NOES: Members: Pilecki ABSTAIN: Members: None 11. Adopt revisions to Board Policy BP 020 - Minutes Style and Video Recording of Board Meetings BOARD ACTION: Motion was made by Member McGill and seconded by Member Williams to adopt revisions to Board Policy BP 020 - Minutes Style and Video Recording of Board and Standing Committee Meetings. Motion passed by unanimous roll call vote. May 6, 2021 Regular Board Meeting Agenda Packet- Page 16 of 239 Page 7 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT April 15, 2021 Board Meeting Minutes -Page 6 12. Adopt new Board Policy BP 046 — Regulatory Accounting President Pilecki advised that the Finance Committee spent a tremendous amount of time on this issue and the Committee supported the policy. BOARD ACTION: Motion was made by Member McGill and seconded by Member Williams to adopt Board Policy BP 046 - Regulatory Accounting. Motion passed by unanimous roll call vote. COVID-19 PANDEMIC RESPONSE 13. Receive update on Central San's response regarding the Coronavirus (COVID-19) pandemic BOARD ACTION: Received the update. LEGISLATIVE MATTERS 14. Receive update on pending legislative matters and provide direction on priority legislation Ms. Barnett reviewed items on the Priority Legislative Tracking Sheet distributed prior to the meeting, explaining the reasons for the positions recommended by staff. As it pertains to Item 16 on the tracking sheet, Ms. Barnett advised that the amendments provided by Central San regarding the redistricting process were included; therefore, she requested a support position on the item. There was a discussion about when the District would need to complete the redistricting process in order to be finalized for the 2022 election. Ms. Barnett advised that it must be completed 180 days prior to the election and she and Ms. Young would work with the local officials to confirm that date. In regard to Item 20 on the tracking sheet, she advised that in Assembly Bill AB602, special districts have been removed from all connection capacity fees and believes this is a big success. Staff recommended to go neutral on this bill. BOARD ACTION: Motion was made by Member Hockett and seconded by Member Lauritzen to take the staff-recommended positions on Items 15, 16 and 20, as indicated on the Priority Legislative Tracking Sheet dated April 1, 2021. Motion passed by unanimous roll call vote. REPORTS AND ANNOUNCEMENTS 15. General Manager— Reports a. Receive informational list of pending Board and Standing Committee future agenda items BOARD ACTION: Received the list. May 6, 2021 Regular Board Meeting Agenda Packet- Page 17 of 239 Page 8 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT April 15, 2021 Board Meeting Minutes -Page 7 16. General Manager— Announcements a. Announcements — April 15, 2021 No further announcements were made during the meeting. BOARD ACTION: Received the announcements. 17. Counsel for the District a. Report out on Board action taken during Closed Session at April 1 , 2021 Regular Board meeting, April 8 and April 13, 2021 Special Board meetings Mr. Alm stated that no reportable action was taken during either of the referenced Closed Sessions. BOARD ACTION: Received the report. 18. Secretary of the District Ms. Young announced the following upcoming Committee meetings: • Engineering & Operations — Tuesday, April 20 at 11:00 a.m. • Finance — Tuesday, April 27 at 2:00 p.m. • Real Estate, Environmental & Planning — Monday, May 3 at 9:00 a.m. • Administration — Tuesday, May 4 at 9:00 a.m. BOARD ACTION: Received the announcements. 19. Board Members — Committee Minutes a. March 30, 2021 — Engineering & Operations Committee — Chair Williams and Member Lauritzen b. April 6, 2021 —Administration Committee — Chair Williams and President Pilecki C. April 7, 2021 — Engineering & Operations Committee — Chair Williams and Member Lauritzen BOARD ACTION: Received the Committee minutes. May 6, 2021 Regular Board Meeting Agenda Packet- Page 18 of 239 Page 9 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT April 15, 2021 Board Meeting Minutes-Page 8 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 8, 2021 - Presentation to Danville Realtors' Marketing Association (no stipend) Member Lauritzen — No report. Member McGill • April 1, 2021 - Contra Costa Mayors' Conference (virtual, no cost) • April 7, 2021 - CCSDA Anniversary Event Ad Hoc Committee Meeting (virtual, stipend) • April 8, 2021 - East Bay Leadership Council Capitol Series regarding top legislative priorities for 2021 (virtual, no cost) • April 9, 2021 - Board Liaison event: Lafayette Chamber, "Coffee" with City of Lafayette Mayor (virtual, no cost) Member McGill also provided a written report covering his announcements and other meetings. Member Williams • April 14, 2021 — Contra Costa Local Agency Formation Commission (virtual, stipend) President Pilecki — No report. BOARD ACTION: Received the reports and announcements. 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. No requests. EMERGENCY SITUATIONS 22. Continuation of immediate sewer replacement at EI Toyonal in Orinda Mr. Lopez advised that the job is progressing well, and the punch list is nearing completion. BOARD ACTION: Motion was made by Member McGill and seconded by Member Hockett to continue the emergency. Motion passed by unanimous roll call vote. May 6, 2021 Regular Board Meeting Agenda Packet- Page 19 of 239 Page 10 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT April 15, 2021 Board Meeting Minutes-Page 9 REQUESTS FOR FUTURE AGENDA ITEMS Member McGill requested an item be brought to the full Board for discussion to consider modifying the Board policy on diversity to also address social justice, equity and inclusion. ANNOUNCE CLOSED SESSION (pursuant to Government Code Section 54957.7) Mr. Alm announced that a closed session would be held for Item 23. RECESS TO CLOSED SESSION The Board recessed at 3:18 p.m. to reconvene in closed session. Closed Session (Not video recorded) CLOSED SESSION 23. Conference with labor negotiators pursuant to Government Code Section 54957.6: District Negotiators: • Roger S. Bailey, General Manager • 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 The Board recessed at 5:01 p.m. to reconvene in open session. REPORT OUT OF CLOSED SESSION No reportable action was taken. May 6, 2021 Regular Board Meeting Agenda Packet- Page 20 of 239 Page 11 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT April 15, 2021 Board Meeting Minutes-Page 10 ADJOURNMENT The meeting was adjourned at 5:02 p.m. Tad J. Pilecki 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 May 6, 2021 Regular Board Meeting Agenda Packet- Page 21 of 239