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HomeMy WebLinkAbout00. BOARD AGENDA 04-20-2023 (Special) CENTRALSAN CENTRAL CONTRA COSTA SANITARY DISTRICT i IMHOFF SPECIAL BOARD MEETING BOARD OF DIRECTORS AGENDA BARBARA D.HOCKETT-President M4RIAH N.LAURI=N-President Pro Tem Thursday,April 20, 2023 IVICHAELR.IVCGILL Board Room TAD J.PILECKI 1:30 PM DIVISION 3-VACANT PHONE:(925) 228-9500 FAX(925)372-0192 www.centralsan.org INFORMATION FOR THE PUBLIC Anyone wishing to address the Board of Directors is requested to complete a speaker's card and submit it to the Secretary of the District. In addressing the Board, speakers are requested to step to the podium and state their name and address for the record.The Board President may direct questions to any member of the audience as appropriate at any time during the meeting. All matters listed under the CONSENT CALENDAR are considered to be routine by the Board and will be enacted by one motion.There will be no separate discussion of these items unless requested by a Member of the Board or the public prior to the time the Board votes on the motion to adopt. ADDRESSING THE BOARD ON AN ITEM ON THE AGENDA Persons wishing to speak on PUBLIC HEARINGS and OTHER MATTERS listed on the agenda will be heard when the President calls for comments from the audience, except on public hearing items previously heard and closed to public comment.The President may specify the number of minutes each person will be permitted to speak based on the number of persons wishing to speak and the time available.After the public has commented,the item is closed to further public comment and brought to the Board for discussion and action. There is no further comment permitted from the audience unless invited by the Board. ADDRESSING THE BOARD ON AN ITEM NOT ON THE AGENDA In accordance with state law, the Board is prohibited from discussing matters not calendared on the agenda.You may address the Board on any matters not listed on the agenda, and which are within its jurisdiction, under PUBLIC COMMENTS. Matters brought up which are not on the agenda may be referred to staff for action or calendared on a future agenda. AGENDA REPORTS Supporting material on agenda items is available for public review at the Reception Desk, 5019 Imhoff Place, Martinez, and on Central San's website at wwwcentralsan.ora. Not every agenda item is accompanied by written supporting material. Reports and information relating to agenda items distributed within 72 hours of the meeting to a majority of the Board are also available for public inspection at the Reception Desk and on the website. During the meeting, information and supporting materials are available in the Board Room. AMERICANS WITH DISABILITIES ACT In accordance with the Americans with Disabilities Act and state law, it is the policy of Central San to offer its public meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require special accommodations to participate, please contact the Secretary of the District at least 48 hours in advance of the meeting at(925)229-7303 or kvounq@.centralsan.orq. VIDEOTAPING OF MEETINGS Meetings held in the Board Room are videotaped and posted to Central San's website as soon as practicable following the meeting. April 20, 2023 Special Board Meeting Agenda Packet- Page 1 of 724 Open Session - Board Room (Video recorded) 1:30 PM ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENT PERIOD REQUESTS TO CONSIDER MATTERS OUT OF ORDER CONSENT CALENDAR 1. Approve the following: a. March 30, 2023 Special Board meeting minutes b. April 4, 2023 Special Board meeting minutes C. April 6, 2023 Regular Board meeting minutes 2. Adopt a Resolution of Application No. 2023-015 requesting Contra Costa County Local Agency Formation Commission (LAFCO) initiate a Sphere of Influence to annex one parcel to Central San for District Annexation 192 - 1 Wilder Road, Orinda; consider prepared environmental documents and Environmental I mpact Report (EI R)for CountryHouse Memory Care; and concur with the City of Orinda accepted findings related to the environmental, mitigation measures and reports 3. Authorize the General Manager to execute an amendment to an existing services contract with Alfred Conhagen, I nc. in an amount not to exceed $150,000, bringing the total cost ceiling to $322,250, for completed repairs to the spare steam turbine rotor; and find the project is exempt from the California Environmental Quality Act Staff Recommendation (Motion Required): Adopt the Consent Calendar as recommended. PUBLIC HEARINGS 4. Conduct a public hearing to receive comment and consider adopting uncodified Ordinance No. 327 establishing a schedule of Sewer Service Charge (SSC) rates in accordance with District Code chapter 6.24.030, increasing the annual SSC for residential and non- residential customers for the next two fiscal years consistent with the table below: Effective Date July 1, 2023 July 1, 2024 Percent change between 4% +5.9% and -11.6% (all rate classes) Single Family Residence Rate $697 $725 (per residential unit) As shown in the Proposition 218 Notice All other rate classes mailed to property owners and as shown in the schedule in the attached ordinance April 20, 2023 Special Board Meeting Agenda Packet- Page 2 of 724 (5-minute staff presentation) Staff Recommendation (Motion and 4 Affirmative Votes Required): Make the finding there was not a majority protest; and adopt uncodified Ordinance No. 327 establishing a schedule of Sewer Service Charge (SSC) rates in accordance with District Code chapter 6.24.030, increasing the annual SSC for residential and non- residential customers for the next two fiscal years as specified in the table above. 5. Reschedule this noticed public hearing of April 20, 2023 to consider establishing Recycled Water(ReW) rates for the next two fiscal years to the 2:30 p.m. J une 1, 2023 Board meeting; and authorize the Secretary of the District to publish the public hearing notices (No presentation is planned, staff will be available to answer questions) Staff Recommendation (Motion Required): Hear any public comments that may have been received; and reschedule the public hearing to consider Recycled Water rates for the next two fiscal years to the June 1, 2023, 2:30 p.m. regularly scheduled meeting. OTHER BOARD ACTION ITEMS 6. Reject bid protest by Roofing and Solar Construction, Inc.; award a construction contract in the amount of$973,006 to Pac Shield Roof Services, Inc., the lowest responsive and responsible bidder, for the Pump and Blower Building Roof Replacement, District Project 7370; find the Project is exempt from the California Environmental Quality Act (CEQA); and authorize the General Manager to include two alternative bid items in the total amount of $307,121 to replace the Machine Shop and Board Room roofs (5-minute staff presentation) Staff Recommendation (Motion Required): Receive the information and take the following actions for the Pump and Blower Building Roof Replacement, DP 7370: • Reject bid protest by Roofing and Solar Construction, Inc.; • Find the Project is exempt from CEQA; • Award a construction contract in the amount of$973,006 to Pac Shield Roof Services, Inc., including authorization to execute the Contract Documents subject to submittal requirements; and • Authorize the inclusion of two alternative bid items in the total amount of $307,121 to replace the Machine Shop and Board Room roofs. 7. Reclassify the Director of Finance and Administration (M20 $8,306.39 - $10,766.87 bi- weekly) and current incumbent Philip Leiber to Deputy General Manager(U14 $9,563.85 - $12,079.90 bi-weekly) (No presentation is planned, staff will be available to answer questions) Staff Recommendation (Motion Required): Authorize the reclassification of the Director of Finance and Administration position and current incumbent Philip Leiber to the Deputy General Manager classification. April 20, 2023 Special Board Meeting Agenda Packet- Page 3 of 724 DIVISION 3 BOARD MEMBER SEAT VACANCY 8. Hold discussion to 1) suspend Board of Directors use of parliamentary procedures of the Rosenberg's Rules of Orderas it pertains to action taken at the April 6, 2023 meeting to reconsider the Division 3 Board Member seat, and 2) concur to move forward with the discussion to reconsider the appointment made at the April 4, 2023 meeting Recommendation (Motion and 3 Affirmative Votes Requirek ): 1. Suspend the Rosenberg's Rules of Order procedures as it pertains to action taken at the April 6, 2023 meeting to reconsider the Division 3 Board Member seat appointment; and 2. Proceed with a discussion to reconsider the appointment made at the April 4, 2023 meeting as the next order of business. 9. Pending Board of Directors action in the previous agenda item, hold discussion to reconsider appointment made on April 4, 2023 to fill the Division 3 Board Member seat vacancy Recommendation: Hold a discussion, and by a Motion: A. Appoint a different applicant to fill the Division 3 Board Member seat, and • Secondly, delegate authority to the Secretary of the District to administer the Oath of Office to the selected person prior to April 30, 2023; or B. Reaffirm the prior action taken on April 4, 2023 to: 1. Appoint Mona Gupta to the Division 3 Board Member seat, and 2. Delegate authority to the Secretary of the District to administer the Oath of Office to Ms. Gupta prior to April 30, 2023; or C. Request a Special Election via the County Elections Office; or D. Take other action, such as: 1. Consider holding a special Board meeting to discuss the appointment; or 2. Default to the County Board of Supervisors to take action. REPORTS AND ANNOUNCEMENTS 10. General Manager-Announcements a. Announcements -April 20, 2023 Staff Recommendation: Receive the announcements. 11. Counsel for the District 12. Secretary of the District 13. Board Members - Committee Minutes a. April 3, 2023 - Engineering & Operations Committee - Chair Pilecki and Member McGill April 20, 2023 Special Board Meeting Agenda Packet- Page 4 of 724 Staff Recommendation: Receive the Committee minutes. 14. 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 • April 6, 2023 - Contra Costa Mayors Conference, Concord Member McGill • April 6, 2023 - Contra Costa Mayors Conference, Concord Member Pilecki President Hockett Staff Recommendation: Receive the reports and announcements. 15. 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. Staff Recommendation: Consider any requests. 16. Board Members - Other Items a. Hold discussion regarding criminal convictions and employment/elective office appointments (No presentation is planned) Staff Recommendation: Hold the discussion. EMERGENCY SITUATIONS REQUESTS FOR FUTURE AGENDA ITEMS ANNOUNCE CLOSED SESSION (pursuant to Government Code Section 54957.7) RECESS TO CLOSED SESSION The Board will recess and reconvene in closed session. Closed Session (Not video recorded) CLOSED SESSION 17. Personnel matters pursuant to Government Code Section 54957(b)(1) - discipline, dismissal or release of a public employee. District Labor Counsel: Gilbert Tsai, Esq., Hanson Bridgett April 20, 2023 Special Board Meeting Agenda Packet- Page 5 of 724 18. Conference with Legal Counsel -Anticipated litigation exposure pursuant to Government Code Section 54956.9(e)(2): • One potential case related to District Project 7370, Protest of Award by second low bidder RECESS TO OPEN SESSION REPORT OUT OF CLOSED SESSION ADJOURNMENT PUBLIC MESSAGE - Board Meeting Participation Options 1. The Board of Directors will conduct this meeting in-person in the Board Meeting Room. This meeting will also be livestreamed at centralsan.ora. Members of the public interested in participating in the meeting or providing public comment may opt to: 1. Attend in-person. 2. Teleconference: Join the meeting by conference call at: 1-209-425-2026/ Conference I D 208 344 794# 3. Email: Comments maybe emailed to sod&centralsan.orq before or during the meeting. If addressing a particular agenda topic, please identify the agenda item. In addition, a Speaker/Comment Card is available online. 4. Join the Meeting Online: To join as a virtual participant, please contact the Secretary of the District at sod_@centralsan.orq for the meeting invite that includes a Microsoft Teams link. All comments received electronically will be provided to the Board. Please contact the Secretary of the District's office with any questions. April 20, 2023 Special Board Meeting Agenda Packet- Page 6 of 724