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HomeMy WebLinkAboutBOARD MINUTES 09-01-22 Al"iENTRAL SAN CONTRACENTRAL • • MARTINEZ. MINUTES* BOARD OF DIRECTORS: DAVID R WILIJ"S President REGULAR BOARD MEETING BARBARA D.H Multi-Purpose Room ProTem President Pro Tem Thursday, September 1, 2022 MARIAHN LAURITZEN 2.30 11 p m. MICHAEL R.MCGILL TAD J.PILECKI Open Session — Multi-Purpose Room (Video recorded) NOTICE This meeting was held in-person with a virtual participation option pursuant to findings made by the Board of Directors on August 4, 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 (arrived during Item 14), McGill, Pilecki, Williams ABSENT. Members: None PLEDGE OF ALLEGIANCE The Board, staff and audience joined in 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. Book 70— Page 148 CENTRAL CONTRA COSTA SANITARY DISTRICT September 1, 2022 Board Meeting Minutes-Book 70-Page 149 CONSENT CALENDAR 1. Approve the following: a. August 18, 2022 Board meeting minutes 2. Approve expenditures incurred July 16, 2022 through August 11, 2022 3. Receive Financial Overview through the month of June 2022 (unaudited) 4. Adopt Resolution No. 2022-061 accepting a Grant of Easement at 24 Black Oak Court in Danville, related to Job 2788, Lot 24, Parcel 6, and authorizing staff to record documents with the Contra Costa County Recorder 5. Adopt Resolution No. 2022-062 accepting an irrevocable offer of dedication for a sanitary sewer easement from Civic Park Secluded Woods, LLC, and authorizing staff to record the documents with the Contra Costa County Recorder 6. Adopt Resolution 2022-063 authorizing execution of a Quitclaim Deed for a portion of the easement located at 7 Lost Valley Drive, Orinda (APN 272-230-028), and authorizing staff to record documents with the Contra Costa County Recorder BOARD ACTION: Motion was made by Member McGill and seconded by Member Hockett to adopt the Consent Calendar as recommended. Motion passed by unanimous roll call vote by those Board Members present. (4-0-1, Lauritzen absent.) COVID-19 PANDEMIC RESPONSE 7. Receive update on Central San's response to COVID-19 and other viruses Communications and Governmental Relations Manager Emily Barnett reviewed the presentation included in the agenda materials. BOARD ACTION: Received the update. OTHER BOARD ACTION ITEMS 8. 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 September 2, 2022 BOARD ACTION: Motion was made by Member Pilecki and seconded by Member McGill to conduct Board and/or Board Committee meetings for a 30- day period effective September 2, 2022; reestablished findings of a state emergency and local health recommendations to continue virtual/hybrid meetings pursuant to Brown Act provisions provided under AB 361. Motion passed by unanimous roll call vote by those Board Members present. (4-0-1, Lauritzen absent.) CENTRAL CONTRA COSTA SANITARY DISTRICT September 1, 2022 Board Meeting Minutes—Book 70-Page 150 9. Approve proposed salary increase of ten percent for General Manager Roger S. Bailey, including a contract extension through November 22, 2028, as set forth in the Fourth Amendment to his November 21, 2019 Employment Agreement, effective September 1, 2022 Ms. Young read a public comment received via electronic mail from tax payer Richard Johnson who expressed his displeasure for the salary increases proposed by the Board for Mr. Bailey and Ms. Young. Member Pilecki provided a synopsis of the General Manager's performance review and provided the Board's justification for the 10% salary increase, including (1) Mr. Baileys exceptional performance and goals accomplished, and(2) the higher consumer price index(CPi) rate through June 2022. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Hockett to approve a ten percent salary increase for General Manager Roger S. Bailey, including a contract extension through November 22, 2028, as set forth in the Fourth Amendment to the November 21, 2019 Employment Agreement, effective September 1, 2022. Motion passed by unanimous roll call vote by those Board Members present. (4-0-1, Lauritzen absent.) 10. Approve proposed salary increase of seven and one-half percent for Secretary of the District Katherine Young, as set forth in the Sixth Amendment to her February 11, 2018 Employment Agreement, effective September 1, 2022 BOARD ACTION: Motion was made by Member Hockett and seconded by Member McGill to approve a seven and one-half percent salary increase, as set forth in the Sixth Amendment to the February 11, 2018 Employment Agreement for Secretary of the District Katherine Young, effective September 1, 2022. Motion passed by unanimous roll call vote by those Board Members present. (4-0-1, Lauritzen absent.) 11. Authorize the General Manager to execute four professional engineering services agreements for a five-year term to provide as-needed collection system planning services: • Woodard & Curran, Inc., in an amount not to exceed $600,000; • West Yost Associates, Inc., in an amount not to exceed $600,000; • GHD, Inc., in an amount not to exceed $375,000; • V&A, Inc., in an amount not to exceed $375,000; and Find these agreements are exempt from the California Environmental Quality Act (CEQA) Member Pilecki advised that he would be supportive of these agreements but encouraged staff to develop these duties in-house in the future. President Williams clarified that these contracts are for as-needed services and would not be guaranteed for the full contract amount. Planning and Development CENTRAL CONTRA COSTA SANITARY DISTRICT September 1, 2022 Board Meeting Minutes—Book 70-Page 151 Services Manager Danea Gemmell concurred with President Williams and stated that the contracts would span a five-year period. BOARD ACTION: Motion was made by Member McGill and seconded by Member Pilecki to (a) Find the as-needed collection system planning services agreements are exempt from CEQA; and (b) Authorize the General Manager to execute four professional engineering services agreements, each for a five- year term and in amounts not to exceed: 1) Woodard & Curran, Inc. for $600,000; 2) West Yost Associates, Inc. for$600,000; 3) GHD, Inc. for $375,000; and 4) V&A, Inc. for$375,000. Motion passed by unanimous roll call vote by those Board Members present. (4-0-1, Lauritzen absent.) Member McGill stated that he agreed with Member Pilecki's comment regarding developing staff in-house expertise for a regular type of service. Member Hockett opined that consultants often provide bring a specialized level of expertise and broad perspective to supplement staff,•and it is of value to have consultants with such expertise work with the District. 12. Set a public hearing for September 22, 2022 at 12:00 p.m. to receive comments and consider authorizing the General Manager, or designee, to execute lease agreements for the property commonly known as "Kiewit Property" buffer property (APN 159-140-051)for a period not to exceed ten years and declare the property as unneeded for the term of the lease agreements BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Hockett to set a public hearing for September 22, 2022 at 12:00 p.m. to receive public comment and consider declaring the buffer property commonly known as "Kiewit Property" as unneeded for a period not to exceed ten years and permit the property to be leased for that term period if so desired by the Board. Motion passed by unanimous roll call vote by those Board Members present. (4-0-1, Lauritzen absent.) LEGISLATIVE MATTERS 13. Receive update on pending legislative matters and provide direction on priority legislation Ms. Barnett provided a brief update on the status of current legislation and the Governor's deadlines to approve bills. She will provide a summary report in October after the Governor signs bills into law. There was a lengthy discussion regarding the bills that passed in correlation to the Brown Act for public meetings. Ms. Barnett provided some of the new services the District might be required to complete for public meetings. More information will be provided at a future meeting when staff can review this bill thoroughly. CENTRAL CONTRA COSTA SANITARY DISTRICT September 1, 2022 Board Meeting Minutes—Book 70-Page 152 Member McGill urged staff and the Board to not lose sight of encouraging public participation. Allowing the hybrid option allows for more participation. President Williams inquired about metrics regarding public viewing. Ms. Barnett stated that the streaming numbers have gone up substantially and based on those numbers, staff assumes there is an increase in viewing. Member Hockett stated that translation services are very expensive and hard to come by and inquired about having an interpreter for sign language. It was suggested to have language provided to the public to notify staff ahead of time if those services would be needed. Ms. Young advised that staff currently has language included on the agenda to provide a 48-hour notice to staff should they require assistance. She advised that she would work with legal counsel to amend the language as necessary should the bill pass. BOARD ACTION: Received the update. REPORTS AND ANNOUNCEMENTS 14. General Manager— Reports a. Receive update on Centra San's Student Education Program Community Affairs Representative Ben Lavender reviewed the presentation included in the agenda materials. Member Hockett thanked Mr. Lavender for the incredible program and the fabulous, creative work he continues to do. General Manager Roger S. Bailey thanked Mr. Lavender for the passion he brings to his job and gave kudos to the entire Communications team who also deserve credit for the student education program. He stated his extreme appreciation and expressed how lucky the District is to have such a talented team. President Williams stated how phenomenal the program is reaching out to an array of school kids grades K-12 and how these programs will help shape and teach the kids who will and one day run this world. BOARD ACTION: Received the update. CENTRAL CONTRA COSTA SANITARY DISTRICT September 1, 2022 Board Meeting Minutes—Book 70-Page 153 15. General Manager—Announcements a. Announcements— September 1, 2022 Other than the announcements included in the agenda materials, no further announcements were made during the meeting. BOARD ACTION: Receive the announcements. 16. Counsel for the District- No report. 17. Secretary of the District Ms. Young announced the following upcoming Committee meetings: • Administration— Tuesday, September 6 at 1:00 p.m. • Engineering & Operations— Wednesday, September 14 at 11:00 a.m. Ms. Young advised the Board that she would be out of the office September 12-16 at the Technical Training for Clerks (TTC) Training towards her Certified Municipal Clerk (CMC) Certificate held in Riverside, and that Assistant to the Secretary of the District Amelia Berumen would be at the next Board Meeting on September 15. BOARD ACTION: Received the announcements. 18. Board Members - Committee Minutes a. August 15, 2022 — Special Real Estate, Environmental & Planning Committee— Chair Hockett and President Williams b. August 23, 2022 — Special Real Estate, Environmental & Planning Committee — Chair Hockett and Member Pilecki (alternate) C. August 23, 2022 — Finance Committee— Chair McGill and Member Pilecki (alternate) Member McGill complemented staff on the work being completed to join a Joint Powers of Authority(JPA) and researching an alternative banking service which were brought before the Finance Committee for discussion. BOARD ACTION: Received the Committee minutes. 19. 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- No report. Member Lauritzen - No report. CENTRAL CONTRA COSTA SANITARY DISTRICT September 1, 2022 Board Meeting Minutes—Book 70-Page 954 Member McGill Member McGill provided a written report covering his announcements and other meetings. Member Pilecki - No report. President Williams - No report. BOARD ACTION: Received the reports and announcements. 20. Board Members - Requests for Sti end/Reimbursement or Conference Attendance No requests. EMERGENCY SITUATIONS 21. Receive update of emergency situation declared on August 4, 2022 authorizing urgent repairs to Steam Driven Aeration Blower No. 2, in accordance with Public Contract Code Section 22050 Mr. Bailey provided a brief update on the emergency situation. BOARD ACTION: Motion was made by Member McGill and seconded by Member Lauritzen to continue authorization for the emergency equipment repairs or terminate the emergency. Motion passed by unanimous roll call vote. REQUESTS FOR FUTURE AGENDA ITEMS None. ANNOUNCE CLOSED SESSION (pursuant to Government Code Section 54957.7 District Counsel Kenton Alm announced that a closed session would be held for Item 22. RECESS TO CLOSED SESSION The Board recessed at 3:25 p.m. to reconvene in closed session. CENTRAL CONTRA COSTA SANITARY DISTRICT September 1, 2022 Board Meeting Minutes—Book 70-Page 155 Closed Session (Not video recorded) CLOSED SESSION 22. Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding APN 159-140-052, a portion of Kiewit Property, 5501 Imhoff Drive, Martinez District Negotiators: Roger S. Bailey, Kenton L. Alm, and Danea Gemmell Negotiating Party: AgLantis, for the CoCo San Sustainable Farm Project Under Negotiation: Lease terms RECESS TO OPEN SESSION The Board recessed at 4:95 p.m. to reconvene in open session. REPORT OUT OF CLOSED SESSION No reportable action. ADJOURNMENT The meeting was adjourned at 4:96 p.m. t David R. Williams President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: �--a'l�ie Young Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California