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Home My WebLink AboutBOARD MINUTES 04-06-23)ICENTRAL SAN MINUTES* REGULAR BOARD MEETING Board Room Thursday, April 6, 2023 2:30 p.m. Open Session — Board Room (Video recorded) ROLL CALL BOARD OF DIRECTORS: BARBARA D. HOCKETT President MARiAHN. LAURITZEN President Pro Tent MICHAEL R. MCGILL TAD J PILECKI DIVISION 3 - VACANT A regular meeting of the Board of Directors was called to order by President Hockett at 2:30 p.m. Secretary of the District Katie Young called roll: PRESENT. • Members: McGill, Pilecki, Hockett ABSENT., Members: Lauritzen PLEDGE OF ALLEGIANCE The Board, staff and audience joined in the Pledge of Allegiance. INTRODUCTIONS None. PUBLIC COMMENT PERIOD Ms. Debbie Toth addressed the Board expressing her significant disappointment in the Division 3 vacancy interviews that occurred on April 4. She acknowledged the merits of past Board Member David Williams and stated that the process was a disservice to his legacy. She stated the language used during the interview was racist and ageist. Ms. Toth asked that the Board 1) revisit the Board Member appointment process and 2) receive diversity, equity, and inclusion training. Ms. Florence Wedington read a statement also regarding the recent appointment process and provided critical feedback of the Division 3 vacancy interviews. Regarding the question These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. Book 71— Page 62 CENTRAL CONTRA COSTA SANITARY DISTRICT April 6, 2023 Board Meeting Minutes — Book 71-Page 63 directed to her about concerns regarding "serving two masters, "Ms. Wedington felt this was both inappropriate and very insensitive. She was offended and hurt by the line of questioning and other comments during her interview. She urged the Board to provide leadership in living up to Central San's core values of diversity, equity, and inclusion (DEI), as well as its DEI strategic goals. Member McGill offered a public apology regarding the questions he posed to Ms. Wedington. He acknowledged that his comments were not consistent with the District's commitment to DEI. President Hockett offered her apologies and requested patience from the public and staff during this incredibly difficult time. She stated there is no place for hurtful or demeaning comments, especially in doing the business of the public, and she is hopeful to make a difference in the future to ensure the District consistently practices the behavior called for in the commitment to DEI. Member Pilecki apologized on behalf of Central San about the event and wants to make sure that the commitment to DEI will be something that is put into practice every day and that the District will work very hard in the future to make sure this happens. REQUESTS TO CONSIDER MATTERS OUT OF ORDER None. CONSENT CALENDAR 1. Approve the following: a. March 16, 2023 Board meeting minutes 2. Approve expenditures incurred February 10, 2023 through March 9, 2023 3. Receive Budget -to -Actual Expenditure overview through the month of February 2023 4. Adopt new Board Policy No. BP 049 — Grants 5. Authorize execution of new Administrative Services Agreements with MissionSquare Retirement, Central San's Deferred Compensation Plan recordkeeper for an additional five years through December 31, 2027 6. Authorize the General Manager to execute two professional engineering services agreements for a three-year term with 1) ArcSine Engineering in an amount not to exceed $600,000; and 2) Joe Hill Consulting & Engineering Corporation in an amount not to exceed $250,000 to provide as -needed electrical, instrumentation, and controls engineering services within the Capital Improvement Program 7. Authorize the General Manager to execute an equipment contract in an amount not to exceed $1.8 million with Xylem Water Solutions USA, Inc. for pre -purchase of fine CENTRAL CONTRA COSTA SANITARY DISTRICT April 6, 2023 Board Meeting Minutes — Book 71-Page 64 bubble diffusers and special support services under the Aeration Basins Diffuser Replacement, Phase 1, District Project 100019 8. Authorize the General Manager to execute a construction contract change order in an amount not to exceed $350,000 with Auburn Constructors, LLC to upgrade the wet weather bypass structure under the Influent Pump Electrical Improvements, District Project 7328; and authorize a budget transfer in the amount of $800,000 from the Capital Improvement Budget Contingency account Member Pilecki asked to pull Item 5 on the consent calendar for further discussion. BOARD ACTION: Motion was made by Member McGill and seconded by Member Pilecki to adopt Items 1-4 and 6-8 on the Consent Calendar as recommended. Motion passed by unanimous roll call vote. Member Pilecki advised that he had no issues with the agreement but questioned whether District Counsel Kent Alm had reviewed the agreement. Mr. Alm advised that he had not. BOARD ACTION: Motion was made by Member Pilecki, seconded by Member McGill to approve Item 5 on the consent calendar pending a legal review by District Counsel. Motion passed by unanimous roll call vote. PUBLIC HEARINGS 9. Conduct a public hearing to receive public comment and consider 1) adopting codified Ordinance No. 326 amending District Code Section 6.12.030, General Provisions of the Capacity Fee Program, and 2) amending Exhibit A to uncodified Ordinance No. 324 for the Schedule of Capacity Fees, Rates, and Charges Due to a lack of a required members present to vote on the matter, this public hearing was canceled and would be heard at a future Board Meeting. BOARD ACTION: No action; item to be rescheduled to a future meeting. 10. Conduct a public hearing for annual review of Board Member compensation and benefits President Hockett opened the public hearing. Hearing no public comment, she immediately closed the public hearing. Member Pilecki stated that he would feel more comfortable discussing this with all Board Members present. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member McGill to defer the public hearing to a future Board Meeting where all Board Members are present. Motion passed by unanimous roll call vote. CENTRAL CONTRA COSTA SANITARY DISTRICT April 6, 2023 Board Meeting Minutes — Book 71-Page 65 DIVISION 3 BOARD MEMBER SEAT VACANCY 11. Continue discussion from April 4, 2023 Special Meeting to fill the Division 3 Board Member seat vacancy, as may be applicable BOARD ACTION: Motion by President Hockett, seconded by Member Pilecki to defer the appointment of Mona Gupta and reconsider the Board appointment, due to the controversy presented today, and reconsider the vote at the April 20 Board Meeting. Motion passed by the following roll -call vote: AYES: Members: Hockett and Pilecki NOES: Members: McGill ABSENT: Members: Lauritzen REPORTS AND ANNOUNCEMENTS 12. General Manager —Announcements a. Announcements — April 6, 2023 Other than written announcements included with the agenda materials, no further announcements were made. BOARD ACTION: Received the announcements. 13. Counsel for the District None. BOARD ACTION: Received the report. 14. Secretary of the District Ms. Young announced the Real Estate, Environmental & Planning Committee scheduled for April 19 meeting has been cancelled. BOARD ACTION: Received the announcements. 15. Board Members - Committee Minutes a. March 13, 2023 — Engineering & Operations Committee — Chair Pilecki and Member McGill b. March 21, 2023 — Finance Committee — President Hockett and Member Lauritzen CENTRAL CONTRA COSTA SANITARY DISTRICT April 6, 2023 Board Meeting Minutes — Book 71-Page 66 C. March 22, 2023 — Special Administration Committee — Chair Lauritzen and Member McGill d. March 22, 2023 — Special Real Estate, Environmental & Planning Committee — Chair Pilecki and President Hockett e. March 23, 2023 — Special Engineering & Operations Committee — Chair Pilecki and Member McGill BOARD ACTION: Received the Committee minutes. 16. 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 McGill Member McGill provided a written report covering his announcements and other meetings. Member Pilecki - No report. President Hockett March 20, 2023 - Contra Costa Special Districts Association (CCSDA) Chapter Meeting, Concord BOARD ACTION: Received the reports and announcements. 17. Board Members - Requests for Stipend/Reimbursement or Conference Attendance No requests. ERGENCY SITUATIONS None. REQUESTS FOR FUTURE AGENDA ITEMS As mentioned above, a reconsideration of the Division 3 Board Member seat _appot—himert will be discussed at the April 20 Board Meeting. ANNOUNCE CLOSED SESSION(pursuant to Government Code Section 54957.7) District Counsel Kenton Alm announced that a closed session would be held for Item 18. CENTRAL CONTRA COSTA SANITARY DISTRICT April 6, 2023 Board Meeting Minutes — Book 71-Page 67 RECESS TO CLOSED SESSION The Board recessed at 3:09 p.m. to reconvene in closed session in the Caucus Room. Closed Session (Not video recorded) CLOSED SESSION 18. 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 RECESS TO OPEN SESSION The Board recessed at 3:42 p.m. to reconvene in open session. REPORT OUT OF CLOSED SESSION No report. ADJOURNMENT The meeting was adjourned at 3:43 p.m. Barbara D. Hockett v President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Katie Young Secretary of th istQ Central Contra Costa Sanitary District County of Contra Costa, State of California