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HomeMy WebLinkAboutBOARD MINUTES 06-16-22 CENTRAL SAN CONTRACENTRAL • IMHOFF PLACE, MARTINEZ, CA 9A553-A392 MINUTES* BOARD OF DIRECTORS: DAVID R. WILLIAMS President REGULAR BOARD MEETING BARBARA D.HOCKETT Virtual Meeting President Pro Tent Thursday, June 16, 2022 MARIAHN LAURITZEN 2:30 p.m. M>cHTA�JPiEcKI Open Session (Video recorded) NOTICE This meeting was held virtually pursuant findings made by the Board of Directors on June 2, 2022, under Assembly Bill (AB) 361 related to the ongoing COVID-19 pandemic. The agenda provided options in which members of the public could participate. ROLL CALL A regular meeting of the Board of Directors was called to order by President Williams at 2:30 p.m. Secretary of the District Katie Young called roll: PRESENT: Members: Hockett, Lauritzen, McGill, Pilecki, Williams ABSENT: Members. None PLEDGE OF ALLEGIANCE Ms. Young recited the Pledge of Allegiance. PUBLIC COMMENT PERIOD Ms. Young stated that the Board had given her direction to refrain from reading any written public comments received since the last Board meeting until today and to distribute any comments received to the Board Members. Any written public comments would be available to the public for review upon request. This direction was given until the Board had a policy discussion - a topic on today's Board agenda. These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. Book 70— Page 106 CENTRAL CONTRA COSTA SANITARY DISTRICT June 16, 2022 Board Meeting Minutes-Book 70-Page 107 President Williams advised that there were three public comments received and distributed to the Board Members. Two of those comments received were regarding adding Juneteenth to the District holiday calendar. In response to a question posed my Member McGill regarding adding an emergency item to the Board agenda, District Counsel Kent Alm advised that the item must be considered an item of District-business urgency and have four affirmative votes to be added to the agenda. He advised that this type of item, in his legal opinion, would not be considered an urgent item. Member McGill stated that he believes the Board missed the opportunity to add this to the District calendar and would request this be an item brought to a future meeting for discussion. REQUESTS TO CONSIDER MATTERS OUT OF ORDER None. CONSENT CALENDAR 1. Approve the following: a. May 26, 2022 Special Board meeting minutes b. June 2, 2022 Regular Board meeting minutes 2. Set a public hearing for July 21, 2022 at 2:30 p.m. to receive comments on placing the following Fiscal Year 2022-23 charges on the Contra Costa County tax roll for collection: • Sewer Service Charges; • Assessments for: 1) Contractual Assessment Districts, and 2) Alhambra Valley Assessment Districts; and • Charges for other fee installment payment programs 3. Authorize the General Manager to execute a technical consulting services agreement with Montrose Air Quality Services, LLC in an amount not to exceed $1,078,000 to provide treatment plant emissions testing services for a five-year period covering Fiscal Years (FY) 2022-27; and find the agreement is exempt from the California Environmental Quality Act 4. Authorize the General Manager to execute a construction contract change order in the amount of$300,000 with McGuire & Hester for high security fencing and gates installation for the Contractor Staging Improvements, District Project 7375 5. Award a construction contract in the total amount of$4,594,454 to Precision Engineering, Inc., the lowest responsive and responsible bidder for the Walnut Creek Sewer Renovations, Phase 16, District Project 100023, which includes a base bid in the amount of$4,122,454 and an additive bid schedule up to $472,000 for sewer CENTRAL CONTRA COSTA SANITARY DISTRICT June 16, 2022 Board Meeting Minutes- Book 70-Page 108 replacement within contaminated soils; and find that the project is exempt from the California Environmental Quality Act 6. Confirm publication of uncodified District Ordinance No. 320 summary Member Pilecki requested Item 5 be pulled from the Consent Calendar for further discussion. BOARD ACTION: Motion was made by Member Hockett and seconded by Member Lauritzen to adopt Items 1-4 and 6 on the Consent Calendar as recommended. Motion passed by unanimous roll call vote In regard to Item 5, Member Pilecki inquired that given the mathematical error on the bid, would the contractor honor the corrected bid figure. Capital Projects Division Manager Edgar Lopez stated that staff had consulted with Precision Engineering regarding the discrepancy. Precision Engineering is familiar with the work scope and area, and agreed upon the corrected figure and would proceed with the contract and as amended. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member McGill to approve Item 5 on the Consent Calendar as recommended. Motion passed by unanimous roll call vote. PUBLIC HEARINGS 7. Conduct a public hearing to receive public comment and consider adopting the Fiscal Year (FY) 2022-23 Central San Budget for the following funds: Operations and Maintenance, Capital Improvement, Self-Insurance, and Debt Service; and find the proposed FY 2022-23 District Budget is exempt from the California Environmental Quality Act (CEQA) President Williams opened the public hearing. There being no public comment, the hearing was immediately closed. President Williams invited Board discussion. For the public's information, Member McGill requested staff provide a brief summary of the process completed in order to create the budget for today's consideration. Director of Administration and Finance Phil Leiber reviewed the entire staff/Board process, including the extensive review of the draft budget with both the Finance and the Engineering & Operations Committees. Member Pilecki appreciated receiving the attachment to the Budget which included a summary of the comments and questions received from the Board and stated that he thought it was very thorough and a job well done. BOARD ACTION: Conducted a public hearing. Motion made by Member McGill and seconded by Member Pilecki to find that the Fiscal Year 2022-23 District Budget is exempt from CEQA; and adopt the Fiscal Year 2022-23 District Budget for the Operations and Maintenance; Capital Improvement; Self- CENTRAL CONTRA COSTA SANITARY DISTRICT June 16, 2022 Board Meeting Minutes- Book 70-Page 109 Insurance; and Debt Service funds, as presented. Motion passed by unanimous roll call vote. General Manager Roger S. Bailey thanked multiple staff members for their hard work and dedication in completing the budget. 8. Conduct a public hearing to receive public comment and consider adopting uncodified Ordinance No. 324 amending the Schedule of Capacity Fees and associated Rates, and Charges, replacing Ordinance No. 309 in accordance with District Code Chapter 6.12 President Williams opened the public hearing. There being no public comment, the hearing was immediately closed. President Williams invited Board discussion. Senior Engineer Thomas Brightbill provided the public and the Board a brief explanation of the proposed amendments to the capacity fee schedule. In response to a question from Member McGill regarding outreach, Mr. Brightbill confirmed that outreach was made to current and potential stakeholders and there was no response received regarding the changes. Member Lauritzen requested clarification regarding the collection of rates during the pandemic last year. Mr. Brightbill explained that during the pandemic, the Board adopted a rate increase holiday for only the annual Sewer Service Charge. The capacity fee charge was still collected as these are used for new construction or expansion of a non-residential use. In response to a question posed by Member McGill regarding the need for four affirmative votes to adopt the changes, Mr. Alm advised that there is a provision in the Sanitary District Act and in the Health and Safety Code that require a super majority approval for an amendment to rates. BOARD ACTION: Conducted a public hearing. Motion made by Member McGill and seconded by Member Lauritzen to adopt uncodified Ordinance No. 324 amending the Schedule of Capacity Fees, and associated Rates, and Charges, effective July 1, 2022. Motion passed by unanimous roll call vote. 9. Conduct a public hearing to consider adopting uncodified Ordinance No. 325 to establish the "Central San Standard Specifications for Design and Construction, 2022 Edition" as District's standard specifications, in accordance with District Code Section 9.08.010, to become effective July 1, 2022 President Williams opened the public hearing. There being no public comment, the hearing was immediately closed. President Williams invited Board discussion. Senior Engineer Dana Lawson reviewed the key changes to the standard specifications outlined in the presentation included in the agenda materials. CENTRAL CONTRA COSTA SANITARY DISTRICT June 16, 2022 Board Meeting Minutes- Book 70-Page 110 Member Lauritzen was impressed with the readability and commended staff on a great job and appreciated their anticipation to address any future issues. BOARD ACTION: Conducted a public hearing. Motion made by Member Hockett and seconded by Member Pilecki to adopt uncodified Ordinance No. 325 to establish the document entitled Central San Standard Specifications for Design and Construction, 2022 Edition as the District's standard specifications, effective July 1, 2022. Motion passed by unanimous roll call vote. COVID-19 PANDEMIC RESPONSE 10. Receive update on Central San's response regarding the Coronavirus (COVID-19) pandemic Communication and Government Relations Manager Emily Barnett reviewed the presentation included in the agenda materials and answered questions from the Board Members. President Williams appreciated receiving the information that was provided as a handout for Item 12 from the Contra Costa County Health Services and their continued recommendation to conduct virtual meetings. BOARD ACTION: Received the update. OTHER BOARD ACTION ITEMS 11. Hold discussion on request from AgLantis to renew a Ten-Year Lease for CoCo San Sustainable Farm on Central San's Kiewit parcel Planning and Development Services Division Manager Danea Gemmell reviewed the presentation included in the agenda materials. Member Pilecki requested the following information to be included for the Board's consideration of a future lease: 1) what the lease value of the 14-acres is on an annual basis, and 2) the value of the recycled water on an annual basis. Member Hockett requested a bullet be included regarding the various and valuable opportunities the Farm brings to build public and private partnerships throughout Contra Costa County. Member Lauritzen inquired why the Board chose a 10-year lease. Ms. Gemmell advised that per the Government Code, leases can be entered for up to ten years and the Board first needs to declare a property as unneeded. Mr. Alm clarified the Sanitary District Act limits leases to ten years, or the alternative would be to put the lease out to bid and award to the highest bidder. CENTRAL CONTRA COSTA SANITARY DISTRICT June 16, 2022 Board Meeting Minutes- Book 70-Page 111 President Williams suggested that the Real Estate, Environmental & Planning Committee review the lease and the terms and conditions, address any questions, and provide a recommendation for Board consideration at a future Board meeting. All Board Members concurred. BOARD ACTION: Held discussion and provided direction to staff 12. Consider renewal of findings pursuant to the Brown Act provisions provided under Assembly Bill 361 to continue the use of teleconference/hybrid participation for Board and Board Committee meetings for a 30-day period effective June 17, 2022 BOARD ACTION: Motion was made by Member McGill and seconded by Member Lauritzen to reestablish findings of a state emergency and local health recommendations to continue virtual/hybrid meetings pursuant to Brown Act provisions provided under AB 361 for 30-days effective June 17, 2022. Motion passed roll unanimous roll call vote. The Board confirmed that the July 7 Board Meeting will be completely virtual. 13. Receive overview and hold discussion regarding Envision: Sustainability and Resiliency Initiative Associate Engineer Justin Waples reviewed the presentation included in the agenda materials. Member Pilecki inquired about the financing and the staff time in regard to this initiative. Mr. Waples advised that the framework is up to the District and staff is able to make up the criteria and choose how to use the resources. Member McGill opined this initiative does fit the District's theme of continuous improvement and to be seen as an industry leader to peer agencies; he was hopeful the District can embrace the initiative. Member Lauritzen appreciated that several District projects have already been in alignment with the initiative and that Central San is incorporating improvement in the performance. President Williams agreed that continuous improvement is important and suggested that the Board not get too specific in terms of the direction of the projects and that the delegation should be to the General Manager to pursue this initiative when appropriate for the District. Member Hockett expressed her support with this initiative and opined it is a great concept to measure the accomplishments completed. BOARD ACTION: Received the information. CENTRAL CONTRA COSTA SANITARY DISTRICT June 16, 2022 Board Meeting Minutes- Book 70-Page 112 LEGISLATIVE MATTERS 14. Receive update on pending legislative matters and provide direction on priority legislation Ms. Barnett briefly reviewed the key matters listed on the Central San 2022 Priority Legislative Tracking Sheet dated June 15, 2022, provided in advance of the meeting. BOARD ACTION: Received the update. REPORTS AND ANNOUNCEMENTS 15. General Manager— Reports a. Receive report on Central San's Virtual Externship Program (Item continued from May 26, 2022 Board meeting) Management Analyst Christina Gee reviewed the presentation included in the agenda materials. Member McGill stated that he was very pleased and proud of the work staff has completed, especially with the challenges of the pandemic. BOARD ACTION: Received the report. 16. General Manager—Announcements a. Announcements — June 16, 2022 In addition to the announcements included with the agenda materials, Mr. Bailey made the following announcement.- On nnouncement.On June 15, 2022, members of the John Muir Health System toured the treatment plant facility. Mr. Bailey extended his appreciation and that of the John Muir staff to staff for the impressive tour, in particular to Shift Supervisor Mike Allen and Director of Operations Steve McDonald. BOARD ACTION: Received the announcements. 17. Counsel for the District — No report. 18. Secretary of the District Ms. Young announced the following upcoming Committee meetings. • Finance — Tuesday, June 21 at 2:00 p.m. • Engineering & Operations — Wednesday, June 22 at 11.00 a.m. • Administration — Tuesday, July 5 at 1:00 p.m. CENTRAL CONTRA COSTA SANITARY DISTRICT June 16, 2022 Board Meeting Minutes- Book 70-Page 113 • Engineering & Operations — Wednesday, July 6 at 11:00 a.m. BOARD ACTION: Received the announcements. 19. Board Members - Committee Minutes a. June 1 , 2022 - Engineering & Operations Committee — Chair Lauritzen and Member Hockett b. June 7, 2022 - Administration Committee - Chair Pilecki and Member Lauritzen BOARD ACTION: Received 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 • June 9, 2022 — East Bay Municipal Utility District (EBMUD) Water Briefing, Lafayette Library and Learning Center Member Lauritzen Member Lauritzen advised that she was not selected for the District 1 position for the Contra Costa Water District Board of Directors. Member McGill Member McGill provided a written report covering his announcements and other meetings. Member Pilecki - No report. President Williams • May 29, 2022 — Mandatory Harassment Prevention Training (virtual) 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 Policy, or authorization for conference attendance not previously approved by the Board. a. Consider Member McGill's request for reimbursement of $380 annual membership renewal fee for California Public Employers Labor Relations Association (CALPELRA) BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Hockett to authorize Member McGill's request for reimbursement of $380 for the annual membership dues fees. Motion passed by unanimous roll call vote. CENTRAL CONTRA COSTA SANITARY DISTRICT June 16, 2022 Board Meeting Minutes- Book 70-Page 114 22. Board Members — Other Items a. Provide direction to Member Hockett, the District's representative and voting delegate for the Contra Costa Chapter of the California Special Districts Association (CSDA), on how to vote at the upcoming CSDA Election for Representatives of the Bay Area Network, Seat B, for which ballots are due by July 8, 2022 BOARD ACTION: Motion was made by Member Pilecki and seconded by Member McGill to cast the District's vote for Ryan Clausnitzer for the CSDA, Bay Area Network, Seat B. Motion passed by unanimous roll call vote. b. Hold discussion regarding protocol on correspondence received during Public Comment Period Member Lauritzen stated that written public comments should be read if they are not regarding personnel. Member Hockett stated that she has chosen to no longer read public comments that are received anonymously and that they are destructive and hurtful. She stated that she was supportive of the item going to the Administration Committee for further discussion. President Williams inquired about an arbitrator for future public comments until a policy is developed. The Board confirmed that the District Secretary would decipher the public comments and read aloud those that she deems appropriate. Member Pilecki stated that a vast majority of the agencies polled do not read the public comments and instead provide the comments to the Board, as well as to the public upon request. He further stated that he also does not read letters received anonymously. Member McGill requested more information on the Brown Act and how this relates. Ms. Young clarified for the record that public comments received did not need to be posted on the District's website. Mr. Alm stated that he is unaware of a law that states that public comments need to be posted. Member Lauritzen requested that all comments be read except for comments regarding personnel. There was a Board consensus to have this item be heard at by Administration Committee for further discussion and potentially create a Board Policy for Board consideration at a future meeting. CENTRAL CONTRA COSTA SANITARY DISTRICT June 16, 2022 Board Meeting Minutes- Book 70-Page 115 BOARD ACTION: Held discussion and provide direction to staff. This item will be brought to the Administration Committee to have further discussion and potentially create a Board Policy. EMERGENCY SITUATIONS None. REQUESTS FOR FUTURE AGENDA ITEMS Member Lauritzen stated two of the public comments received were related to Juneteenth and requested an item be brought to a future meeting for discussion, including the steps, policy and impacts it may have on the District's Memorandums of Understanding. President Williams requested survey data from sister agencies on this topic also be provided for review. ANNOUNCE CLOSED SESSION (pursuant to Government Code Section 54957.7) District Counsel Kenton Alm announced that a closed session would be held for Items 23 and 24. RECESS TO CLOSED SESSION The Board recessed at 4:28 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 • Molly Kaban, Esq., Hanson Bridgett, Labor 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 24. Personnel matters pursuant to Government Code Section 54957(b)(1) - Performance Evaluations for following members of Executive Management Team: General Manager, Secretary of the District, and District Counsel CENTRAL CONTRA COSTA SANITARY DISTRICT June 16, 2022 Board Meeting Minutes- Book 70-Page 116 RECESS TO OPEN SESSION The Board recessed at 5:04 p.m. to reconvene in open session. REPORT OUT OF CLOSED SESSION No report. ADJOURNMENT The meeting was adjourned at 5:05 p.m. David R. Williams President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: c (qo Katie Young Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California