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HomeMy WebLinkAbout01.a. Approve minutes of meeting held 03-16-2023 Page 1 of 10 Item 1.a. CENTRALSAN jdf A- hom CENTRAL CONTRA COSTA SANITARY DISTRICT April 6, 2023 TO: HONORABLE BOARD OF DIRECTORS FROM: KATIE YOUNG, SECRETARYOF THE DISTRICT SUBJECT: MARCH 16, 2023 BOARD MEETING MINUTES Attached are the draft minutes of the above Board meeting. ATTACHMENTS: 1. Draft Minutes of 03-16-23 meeting April 6, 2023 Regular Board Meeting Agenda Packet- Page 6 of 176 Page 2 of 10 CENTRAL SAN CENTRAL CONTRA COSTA • MINUTES* BOARD OF DIRECTORS: BARBARA D.HOCKETT President Pro Tem REGULAR BOARD MEETING MARIAHN LAURITZEN Board Room Presiden t Pro Tem Thursday, March 16, 2023 MICHAEL R.MCGILL 2:30 p.m. DIVISION 3-VACANT RAF1 Open Session — Board Room (Video recorded) ROLL CALL A regular meeting of the Board of Directors was called to order by President Hockett at 2:34 p.m. Secretary Pro Tem Amelia Berumen called roll: PRESENT: Members: Lauritzen, McGill, Pilecki, Hockett 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. CONSENT CALENDAR 2. Approve the following: a. February 23, 2023 Board meeting minutes These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. April 6, 2023 Regular Board Meeting Agenda Packet- Page 7 of 176 Page 3 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT March 16, 2023 Board Meeting Minutes- Page 2 b. March 2, 2023 Board meeting minutes C. March 9, 2023 Special Board meeting minutes BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Lauritzen to adopt the Consent Calendar as recommended. Motion passed by unanimous roll call vote. HEARINGS 3. Conduct a hearing to consider Ms. Sheereen Majd and Mr. Mohammad Reza Abidian's appeal of a staff decision that Capacity Fees in the amount of $6,098.40 are owed for an Accessory Dwelling Unit (ADU) at 8 Charles Hill Circle in Orinda President Hockett opened the hearing for public comment. There being no comments, the hearing was immediately closed. BOARD ACTION: Motion was made by Member McGill and seconded by Member Lauritzen to grant the appeal for the referenced property. Motion passed by unanimous roll call vote. Member Pilecki inquired about the status of modifying the procedure to address these type of situations and appeals. Senior Engineer Thomas Brightbill advised that staff presented proposed changes to the Finance Committee last month for both the District Code and Schedule of Capacity Fees to address unpermitted ADUs. The matter will be presented to the Board as a noticed public hearing item on April 6, 2023 for consideration. OTHER BOARD ACTION ITEMS 4. Award a construction contract in the amount of $1,283,200 to GSE Construction Company, Inc., the lowest responsive and responsible bidder for the Return Activated Sludge (RAS) Piping Renovations, District Project 100051; and find the Project is exempt from the California Environmental Quality Act (CEQA) Member Pilecki noted the Position Paper had been amended and was provided in advance of the meeting for Board consideration. These changes came about during the Engineering and Operations Committee review earlier in the week. He advised that one of the revisions was to remove a staff request to include contingency funds. The Committee deemed the contingency amount was within staff's authority and the overall project budget had been preapproved by the Board for the fiscal year. Capital Projects Division Manager Edgar Lopez explained it is atypical for a project award to be presented to the Committee and Board in the same week. However, in order to maintain the project construction schedule to build in late summer, materials need to be acquired soon. April 6, 2023 Regular Board Meeting Agenda Packet- Page 8 of 176 Page 4 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT March 16, 2023 Board Meeting Minutes- Page 3 BOARD ACTION: Motion was made by Member Pilecki and seconded by Member McGill to find the RAS Piping Renovations, District Project 100051 is exempt from CEQA; award a construction contract in the amount of $1,283,200 to GSE Construction Company, Inc., the lowest responsive and responsible bidder; and authorize execution of the Contract Documents for the project. Motion passed by unanimous roll call vote. LEGISLATIVE MATTERS 5. Receive update on pending legislative matters and provide direction on priority legislation Communications and Government Relations Manager Emily Barnett reviewed existing and new legislative items as listed on the 2023 Priority Legislation Tracking sheet provided in advance of the meeting. She responded to questions posed by the Board, including a discussion regarding the challenges of PFAS (per- and polyfluoroalkyl substances). The summary included staff's recommended position of three new legislative matters on this report for the Board's consideration (Assembly Bill (AB) 727, AB 1660, and Senate Bill (SB) 411), as well as a change in position for AB 246 from Watch to Support. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member McGill to approve staff's position recommendations regarding AB 246, AB 727, AB 1660 and SB 411. Motion passed by unanimous roll call vote. REPORTS AND ANNOUNCEMENTS 6. General Manager—Announcements a. Receive annual update on Central San's Pollution Prevention Program Senior Environmental Compliance Inspector Colleen Henry presented a report and 2022 recap of the Pollution Prevention Program. She responded to limited questions and spoke to the inquiry of monitoring infiltration of heavy metals in soils and stormwater due to a recent release to the atmosphere from a local refinery. Member McGill acknowledged and commended staff for the many impressive accomplishments. Member Pilecki expressed his pride of the program and thanked staff for another successful year. BOARD ACTION: Received the update. April 6, 2023 Regular Board Meeting Agenda Packet- Page 9 of 176 Page 5 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT March 16, 2023 Board Meeting Minutes-Page 4 b. Receive summary of Central San's 2022 energy usage Senior Engineer Clint Shima provided a comprehensive review of the District's annual energy usage and responded to various questions posed by the Board Members. Resource Recovery Program Manager Melody LaBella responded to an inquiry by Member Pilecki on the estimated timeline for when the new solar facility on the District's Lagiss property would be online. She stated the facility was anticipated to be operational now; however, complications arose regarding the crossing of existing oil pipelines and easements on the property. Central San's solar vendor is working through these issues with Kinder Morgan and it is anticipated the project will be constructed and operational this calendar year. BOARD ACTION: Received the information. 7. General Manager—Announcements a. Announcements — March 16, 2023 Other than written announcements included with the agenda materials, no further announcements were made. BOARD ACTION: Received the announcements. 8. Counsel for the District - No report. 9. Secretary of the District Ms. Berumen announced the following list of upcoming Board and Committee meetings: • Finance Committee - Tuesday, March 21 at 9:30 a.m. • (Special) Administration Committee - Wednesday, March 22 at 9:30 a.m. • (Special) Real Estate, Environmental & Planning Committee - Wednesday, March 22 at 2:00 p.m. • (Special) Engineering & Operations Committee - Thursday, March 23 at 3:00 p.m. • Special Board Meeting - Thursday, March 30 at 2:30 p.m. [regarding Division 3 vacancy] • Engineering & Operations Committee - Monday, April 3 at 9:00 a.m. • Administration Committee - Tuesday, April 4 at 9:30 a.m. • Special Board Meeting - Tuesday, April 4 at 1:30 p.m. [regarding Division 3 vacancy] BOARD ACTION: Received the announcements. April 6, 2023 Regular Board Meeting Agenda Packet- Page 10 of 176 Page 6 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT March 16, 2023 Board Meeting Minutes- Page 5 10. 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 Lauritzen • February 27-March 1, 2023 - California Association of Sanitation Agencies (CASA) Washington D.C. Policy Forum, Washington D.C. • March 2, 2023 - Contra Costa Mayors Conference, Orinda Member Lauritzen stated the CASA Policy Forum was a great experience. Member McGill • February 27-March 1, 2023 - CASA Washington D.C. Policy Forum, Washington D.C. • March 2, 2023 - Contra Costa Mayors Conference, Orinda Member McGill provided a written report covering his announcements and other meetings. Member Pilecki asked whether Central San was included in the Local Agency Formation Commission (LAFCO) Municipal Service Reviews (MSR) for wastewater agencies. Member McGill responded yes, and advised there has been an effort to review efficiency and effectiveness as part of the MSR to consider opportunities between Central San and Mt. View Sanitary District. Member Pilecki • March 8, 2023 - Contra Costa Local Agency Formation Commission Meeting (stipend declined) President Hockett - No report. BOARD ACTION: Received the reports and announcements. 11. Board Members - Requests for Stipend/Reimbursement or Conference Attendance No requests. 12. Board Members — Other Items a. Hold a discuss to develop interview and process and assign subject categories to Board Members for the District 3 Board Member applicants General Manager Roger S. Bailey introduced this discussion topic. He explained it was not clear whether it was the Board's intention to publicly disclose the proposed questions submitted to him separately by the Board Members. Therefore, staff provided topic categorizations, based on the questions submitted, for discussion at this meeting. April 6, 2023 Regular Board Meeting Agenda Packet- Page 11 of 176 Page 7 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT March 16, 2023 Board Meeting Minutes-Page 6 Member McGill asked District Counsel Kenton Alm for clarification on the public discussion of the seat vacancy if Board Members are not considered employees, and whether American with Disabilities Act (ADA) rules apply. Mr. Alm responded that for purposes of a closed session discussion, it was not allowable; however, Board Members are considered employees by way of provided benefits. Moreover, regardless of employee determination status, all applicable ADA requirements must be followed. An in-depth discussion followed regarding public disclosure of proposed interview questions. Members McGill and Lauritzen were similar in opinion to provide a list of questions in advance with the ability to ask additional questions during the interviews. Member Pilecki did not concur and leaned towards a focus on topic category assignments, with prepared follow-up questions within those categories specified. He opined the candidate could prepare their responses based on the topic rather than specific questions to gain an insight on their views. Mr. Alm advised that the Board should have the same set base of questions for each candidate; however, as to any time constraints for questions, it may depend on the actual number of applications received. President Hockett offered that candidates will also be completing application questions that will provide some early insight of their individual positions. Her initial suggestion was to provide three minutes per question and answer. President Hockett provided separate options of the proposed categories listed in the agenda memorandum and suggested dividing those categories into the following four overarching topics that each Board Member could be assigned to lead: Personal, Fiscal, Policy, and Environment. Further discussion ensued regarding the topics and the availability of interview questions. Member Pilecki suggested moving forward with the four subjects provided by President Hockett and each Board Member could work with the General Manager to develop their specific questions. The Board selected their preferred focused areas: 1) Member Lauritzen - Environment 2) Member McGill - Policy 3) Member Pilecki - Fiscal 4) President Hockett - Personal April 6, 2023 Regular Board Meeting Agenda Packet- Page 12 of 176 Page 8 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT March 16, 2023 Board Meeting Minutes- Page 7 Mr. Alm advised that should the pre-proposed interview questions be released to the Board Members, they would also need to be provided to the public. Member McGill stated the questions may be a guide and not necessarily the final questions. After further discussion, Mr. Alm requested a vote as an agreement to the process, which was handled in four separate motions. Board Member Topic Assignments: BOARD ACTION: Motion was made by Member McGill and seconded by Member Lauritzen to use the four topics provided by President Hockett and selected by each Board Member, as listed above. Motion passed by unanimous roll call vote. Formation of Interview Questions: BOARD ACTION: Motion was made by Member Lauritzen and seconded by Member Pilecki to share individual topic questions with the General Manager so that no question is duplicated and remains confidential. Motion passed by the following roll call vote: AYES: Members: Lauritzen, Pilecki, Hockett NOES: Member McGill Release of pre-proposed interview questions already provided by the Board Members: BOARD ACTION: Motion was made by Member McGill and seconded by Member Lauritzen to release the compilation of pre-proposed interview questions submitted by the Board Members to the Board Members and public. Motion passed by the following roll call vote: AYES: Members: Lauritzen, Member McGill, Member Pilecki NOES: Member Hockett Mr. Alm requested clarification of the manner to release the questions, whether immediately or with the applications in the next agenda packet. Member Lauritzen requested receipt this evening, consensus was to receive sooner than later. Member McGill clarified that final questions to be asked during the interviews would not be released, to which Mr. Bailey confirmed. April 6, 2023 Regular Board Meeting Agenda Packet- Page 13 of 176 Page 9 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT March 16, 2023 Board Meeting Minutes- Page 8 Next special Board Meeting on March 30, 2023, and Interview Schedule based on Applications received: BOARD ACTION: Motion was made and clarified by Member McGill; seconded by Member Lauritzen that should three or fewer applications be received, interviews would be conducted on March 30; more than three applications received then would be reviewed on March 30 and narrowed down to a number to be determined (based on applications) for interviews to be conducted at the April 4, 2023 special Board meeting. Motion passed by unanimous roll call vote. EMERGENCY SITUATIONS None. REQUESTS FOR FUTURE AGENDA ITEMS Due to challenges within the banking industry of late, Member Pilecki requested staff provide the Board with an update on their efforts to determine the opportune route for District treasury options at the April 6, 2023 regular Board meeting. There was a general consensus to add this update to a future agenda for discussion. ANNOUNCE CLOSED SESSION (pursuant to Government Code Section 54957.7) District Counsel Kenton Alm announced that a closed session would be held for Item 13. RECESS TO CLOSED SESSION The Board recessed at 4:31 p.m. to reconvene in closed session in the Caucus Room. Closed Session (Not video recorded) CLOSED SESSION 13. Conference with labor negotiators pursuant to Government Code Section 54957.6 - regarding the schedule of Central San observed holidays. 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 April 6, 2023 Regular Board Meeting Agenda Packet- Page 14 of 176 Page 10 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT March 16, 2023 Board Meeting Minutes- Page 9 RECESS TO OPEN SESSION The Board recessed at 4:48 p.m. to reconvene in open session. REPORT OUT OF CLOSED SESSION No report. ADJOURNMENT The meeting was adjourned at 4:49 p.m. Barbara D. Hockett President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Amelia Berumen Secretary Pro Tem Central Contra Costa Sanitary District County of Contra Costa, State of California April 6, 2023 Regular Board Meeting Agenda Packet- Page 15 of 176