HomeMy WebLinkAbout01. Approve minutes of meeting held 04-20-23Item 1.a.
May 4, 2023
T O: HO NO R A B L E B O A R D O F D I R E C TO R S
F RO M :K AT I E YO UNG, S E C R E TA RY O F T HE D I S T R I C T
S UB J E C T: A P R I L 20, 2023 B O A R D ME E T I NG MI NUT E S
Attached are the draf t minutes of the above Board meeting.
AT TAC HM E NT S :
D escription
1. Draft Minutes of 04-20-23 meeting
May 4, 2023 Regular Board Meeting Agenda Packet - Page 7 of 218
Page 1 of 12
MINUTES*1
SPECIAL BOARD MEETING
Board Room
Thursday, April 20, 2023
1:30 p.m.
Open Session – Board Room
(Video recorded)
ROLL CALL
A special meeting of the Board of Directors was called to order by President Hockett at
1:30 p.m. Secretary of the District Katie Young 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
Ms. Cheryl McCall resident of Alamo addressed the Board regarding her property on Vernal
Court and the issues that have occurred and have yet to be remedied.
Ms. Debbie Toth addressed the Board expressing her support in suspending the
Rosenberg’s Rules of Order in order to revisit the appointment process for the Division 3
Board Member. She stated that she is in full support of Florence Wedington who she
believes is the most qualified applicant. She requests an open and honest process
prospectively forward reflecting the principles of equity, access, diversity and inclusion.
Ms. Young read a public comment received from Mr. Jack Peabody regarding the low lease
rate provided to the CoCo San Sustainable Farm. He raised multiple concerns and
requested the Board look into the lease further.
* These summary minutes are supplemented by a corresponding video recording available on the District’s
website at centralsan.org.
BOARD OF DIRECTORS:
BARBARA D. HOCKETT
President Pro Tem
MARIAH N. LAURITZEN
President Pro Tem
MICHAEL R. MCGILL
TAD J. PILECKI
DIVISION 3 - VACANT
May 4, 2023 Regular Board Meeting Agenda Packet - Page 8 of 218
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CENTRAL CONTRA COSTA SANITARY DISTRICT
April 20, 2023 Special Board Meeting Minutes - Page 2
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Mr. Scott Rafferty addressed the Board regarding his support in revisiting the appointment
process and suggested that the Board call for a special election. He believes that the
applicants were not treated with respect or fairness.
REQUESTS TO CONSIDER MATTERS OUT OF ORDER
President Hockett advised that Items 8 and 9 would be heard following the Consent
Calendar.
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 Impact Report (EIR)
for Country House 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, Inc. 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
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.
At the conclusion of this item, the agenda moved to Item 8.
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
+5.9% and -11.6%
4%
(all rate classes)
May 4, 2023 Regular Board Meeting Agenda Packet - Page 9 of 218
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CENTRAL CONTRA COSTA SANITARY DISTRICT
April 20, 2023 Special Board Meeting Minutes - Page 3
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Single Family Residence Rate
(per residential unit) $697 $725
All other rate classes
As shown in the Proposition 218 Notice
mailed to property owners and as shown
in the schedule in the attached ordinance
This item was heard following Item 9 and resumed the in the remaining agenda order.
General Manager Roger S. Bailey advised that staff is requesting the Board cancel
the public hearing scheduled for today as the final cost of service study was not
published and provided to the public. Central San would like to be completely
transparent when determining the rates and will have the final report available for the
Board and the public shortly. He noted that a future public hearing would be notified
through a new Proposition 218 notice, subsequent to the availability of the finalized
cost-of-service study included.
Member Pilecki advised the public that staff conducted a Financial Planning
workshop in January and did provide the findings of the study to the Board who
analyzed and reviewed the information thoroughly.
BOARD ACTION: Motion was made by Member Pilecki and seconded by
Member Lauritzen to cancel the public hearing. Motion passed by unanimous
roll call vote.
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. June 1,
2023 Board meeting; and authorize the Secretary of the District to publish the public
hearing notices
Member Pilecki posed a question regarding the out of sequence rates presenting a
problem for the District. District Counsel Kent Alm advised that it would not create a
problem as there are a relatively limited number of recycled water customers charged
and the charges are not included on the tax roll.
BOARD ACTION: Motion was made by Member Pilecki and seconded by
Member Lauritzen to 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. Motion passed by unanimous roll call vote.
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
May 4, 2023 Regular Board Meeting Agenda Packet - Page 10 of 218
Page 4 of 12
CENTRAL CONTRA COSTA SANITARY DISTRICT
April 20, 2023 Special Board Meeting Minutes - Page 4
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Provisional Director of Engineering and Technical Services Edgar Lopez reviewed
the presentation included in the agenda materials.
In response to a question posed by Member Pilecki regarding who the burden of the
cost would fall on if the manufacture design was not met, Mr. Lopez advised that the
cost would fall on the contractor.
Mr. Alm provided a summary of the definitions of a responsible bidder versus
responsive bidder as well as non-responsive and non-responsible. The issue of a
non-responsible bidder relates to the contractor’s method and history of doing
business, and prior performance. It addresses their reputation beyond whether they
meet the specific bid requirements. A responsive bid simply means that the
contractor’s bid has met the requirements as detailed in the bid documents.
Member Lauritzen clarified that there was no evidence submitted for rejection of the
bid. Mr. Alm advised that he has not seen significant evidence to reject.
Member Pilecki asked should the project be awarded, and union payments are
withheld, does Central San have the ability to withhold payment. Mr. Lopez advised
if it is a Central San project then they have the capability to withhold payment but not
on other projects
Ms. Young read a letter submitted by Roofing and Solar Construction (RSC) as a
public comment.
Phyllis Wesson, representative of RSC addressed the Board reiterating the
information provided in the letter regarding RSC’s opinion that Pac Shield is non-
responsive.
Sean Filipinni, Attorney for Pac Shield, addressed the Board and suggested the
Board reject RSC’s bid protest.
In response to a question posed by Member Pilecki regarding listing subcontractors,
Mr. Alm advised that showing a different listing of subcontractors is consistent with
staff’s opinion. In this case, the abatement is part of the demolition and could be
completed by one subcontractor. At the staff level, this would not require the bid to
be non-responsive.
In response to a question posed by Member Pilecki regarding the rider, Mr. Lopez
advised that the rider was to be provided by Soprema and has been clarified with
both parties.
Member McGill commended Member Pilecki on the rigorous Engineering and
Operations Committee meeting he chaired where this item was discussed. He noted
that he believes no additional information has been provided since the meeting and
was prepared to support staff’s recommendation.
May 4, 2023 Regular Board Meeting Agenda Packet - Page 11 of 218
Page 5 of 12
CENTRAL CONTRA COSTA SANITARY DISTRICT
April 20, 2023 Special Board Meeting Minutes - Page 5
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Ms. Wesson requested to speak again, and Member McGill called for a point-of-
order as the discussion period was completed.
BOARD ACTION: Motion was made by Member McGill and seconded by
Member Pilecki to 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.
Motion passed by unanimous roll call vote.
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)
Member Pilecki inquired if the reclassification would include taking over the rates
function. Mr. Bailey indicated that, and other changes are anticipated in an upcoming
reorganization.
BOARD ACTION: Motion was made by Member Pilecki and seconded by
Member Lauritzen to authorize the reclassification of the Director of Finance
and Administration position and current incumbent Philip Leiber to the Deputy
General Manager classification. Motion passed by unanimous roll call vote.
Newly appointed Deputy General Manager Phil Leiber thanked the Board for the
approval of the position and expressed his gratitude for the opportunity to provide
service to Central San.
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 Order as 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
This item was heard immediately following the Consent Calendar.
President Hockett addressed the Board and read a prepared statement to ask the
Board to keep in mind the bigger picture and doing what is right for our customers.
She requested patience regarding Diversity, Equity, and Inclusion (DEI) in that the
training has begun but will take time to complete.
May 4, 2023 Regular Board Meeting Agenda Packet - Page 12 of 218
Page 6 of 12
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April 20, 2023 Special Board Meeting Minutes - Page 6
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Velisa Parks and Joe Jackson, representatives from the DEI Task Force read a
prepared statement on behalf of the entire Task Force regarding the April 4 Board
Meeting expressing their extreme hurt during the line of questioning and requested a
clear recognition and acknowledgement of this issue.
Ms. Mona Gupta addressed the Board regarding the Division 3 appointment and
provided a statement on why she believed she was the most qualified candidate.
She requested the Board continue with the appointment as determined at the April 4
meeting and thanked the Board for the unanimous support provided at that time.
Ogie Strogatz stated that she supports Florence Wedington for the Division 3 Board
Member position and that Ms. Wedington’s response to the hurtful comments
received has only strengthened her conviction that she would be an asset to the
Board.
Ms. Young read an email received from Michelle Simon in support of suspending
Rosenberg’s Rules of Order and to reconsider appointing another member.
Ms. Young read a cover sheet of endorsements and approximately eleven letters of
support for Ms. Florence Wedington to be selected as the Division 3 Board Member.
Ms. Addy Olvera addressed the Board stating that she was appalled by the video of
the April 4 Board meeting. She requested the Board, in fairness, revisit the
appointment of the new Board Member. She stated that she whole-heartly supports
Ms. Wedington.
Mr. Mike Maxwell addressed the Board and stated that in his opinion the wrong
candidate was being seated. He stated that Florence Wedington would be an
excellent candidate for the Board.
Ms. Young read an email received from K. Patricia Williams expressing her support
for Florence Wedington and stated that the language used at the April 4 regarding
“serving two masters” was an inappropriate statement that caused pain.
BOARD ACTION: Motion was made by Member Pilecki and seconded by
Member Lauritzen to 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. Motion passed by unanimous roll call
vote.
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
Mr. Scott Rafferty addressed the Board regarding the Division 3 appointment seat,
and he requested a special election occur.
May 4, 2023 Regular Board Meeting Agenda Packet - Page 13 of 218
Page 7 of 12
CENTRAL CONTRA COSTA SANITARY DISTRICT
April 20, 2023 Special Board Meeting Minutes - Page 7
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Ms. Young advised that after speaking with the Contra Costa County Elections
Office, holding a special in-person election in November would cost approximately
$12-$14 per registered voter and an all-mail ballot that would occur on August 29
would cost approximately $4-$6 per registered voter.
Mr. Jim Nejedly addressed the Board and expressed his sadness regarding the state
of the Board and believes that the Board should appoint Ms. Florence Wedington as
she is the most qualified candidate for the position.
Ms. Florence Wedington thanked the Board for revisiting the appointment and stated
that with her qualifications and letters of support that she would be a good
candidate.
Member McGill apologized for his questioning involving the statement of “serving
two masters”, acknowledging it was inappropriate and insensitive and he was
extremely sorry and that this did not reflect his commitment to DEI.
Member McGill inquired about holding a mail ballot election if that would suffice the
60-day appointment requirement. Ms. Young advised that per the Government
Code, the District must notify the intent to have an election before the 60-day
timeline.
Ms. Addy Olvera addressed the Board again and recommended proceeding with
choosing a different applicant in order to provide fairness. She fully supports
Florence Wedington.
BOARD ACTION: Motion was made by Member Lauritzen and seconded by
Member Pilecki to hold a discussion to reconsider the appointment made at
the April 4, 2023 meeting. Motion passed by unanimous roll call vote.
President Hockett reminded the Board of the four candidates for appointment Scott
Rafferty, Mona Gupta, Kathleen Odne and Florence Wedington.
Member Lauritzen read a prepared statement regarding her feelings on the actions
during the April 4 interviews and the appointment process. She stated that her
primary role as a Board Member is to listen. She stated that she would be making a
motion for Florence Wedington as her candidate once the other Board Members
have spoken.
Mr. Joey Smith addressed the Board expressing strong support for Florence
Wedington.
Member Pilecki advised that he was not in favor of having a special election as the
timing is not favorable for the other Board Members and would put a burden on staff
and cost the voters more money. He noted he would second Member Lauritzen’s
motion.
May 4, 2023 Regular Board Meeting Agenda Packet - Page 14 of 218
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April 20, 2023 Special Board Meeting Minutes - Page 8
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Member McGill agreed with Member Lauritzen’s statement about listening to the
public and to staff and stated that he would be in support of appointing Ms.
Wedington.
BOARD ACTION: Motion was made by Member Lauritzen and seconded by
Member Pilecki to Appoint Florence Wedington 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.
Motion passed by unanimous roll call vote.
Ms. Wedington addressed the Board and thanked them for doing their due diligence.
She was honored by all of the support from the employees and community
members. She expressed her gratitude to the DEI Task Force team for their courage
and for standing up for DEI, as well as the employees of Central San. Finally, she
thanked and appreciated all of the letters of support that were sent and stated that
she is looking forward to working together with the Central San community.
The Board took a 10-minute recess.
Upon resuming the meeting, the agenda moved back to Item 4, and continued in the
remaining agenda order.
REPORTS AND ANNOUNCEMENTS
10. General Manager – Announcements
a. Announcements – April 20, 2023
Other than written announcements included with the agenda materials, Mr.
Bailey announced the following:
He will be attending the National Association of Clean Water Agencies
Conference next week.
Senator Feinstein submitted for consideration a $2 million
appropriations request for Central San's Solids Handling project.
Senator Feinstein additionally submitted a $4 million appropriations
request for Central San's UV project. Senator Padilla submitted Central
San's full $6 million request for consideration for the Solids Handling
project and $4 million for the UV project. This is a big deal, we will
keep the Board informed on any progress, but it could take several
months before hearing whether we were successful in securing
funding.
BOARD ACTION: Received the announcements.
11. Counsel for the District
May 4, 2023 Regular Board Meeting Agenda Packet - Page 15 of 218
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April 20, 2023 Special Board Meeting Minutes - Page 9
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Mr. Alm advised that he will not be present at the next Board Meeting and that a
representative from Meyers Nave would be in attendance.
12. Secretary of the District
Ms. Young announced the following Board Committee meetings:
Finance – Tuesday, April 25 at 10:00 a.m.
Administration – Tuesday, May 2 at 9:30 a.m.
Engineering & Operations – Monday, May 8 at 9:00 a.m.
Finance – Tuesday, May 9 at 9:30 a.m.
Engineering & Operations – Monday, May 15 at 9:00 a.m.
Real Estate, Environmental & Planning – Wednesday, May 17 at 9:00 a.m.
BOARD ACTION: Received the announcements.
13. Board Members - Committee Minutes
a. April 3, 2023 – Engineering & Operations Committee – Chair Pilecki and
Member McGill
BOARD ACTION: Received 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 Lauritzen read a prepared apology statement to the public,
candidates and employees regarding the appointment process, the words
spoken and promised to do better in the future.
Member McGill
April 6, 2023 - Contra Costa Mayors Conference, Concord
Member McGill provided a written report covering his announcements and
other meetings.
Member Pilecki - No report.
President Hockett - No report.
BOARD ACTION: Received the reports and announcements.
15. Board Members - Requests for Stipend/Reimbursement or Conference Attendance
No requests.
May 4, 2023 Regular Board Meeting Agenda Packet - Page 16 of 218
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April 20, 2023 Special Board Meeting Minutes - Page 10
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16. Board Members - Other Items
a. Hold discussion regarding criminal convictions and employment/elective office
appointments
Member Lauritzen reiterated information provided in the memorandum regarding
the practice related to tentative offers to employees, after which a background
check was conducted and then a felony could be noted and assessed. If
relevant to the job, the conditional offer could then be revoked. She requested
that when appointing a new Board Member, the current practice with employees
should be followed.
Member Pilecki stated that he does not have an issue with her suggestion.
President Hockett questioned whether a background check could be completed.
Member Pilecki suggested this item go through the Administration Committee
for further review and discussion.
Member Lauritzen provided the Board with a draft policy on how to complete
future appointment processes.
BOARD ACTION: Motion was made by Member McGill, seconded by
Member Lauritzen to add a future agenda item regarding the appointment
process of an elected official. Motion passed by unanimous roll call vote.
EMERGENCY SITUATIONS
None.
REQUESTS FOR FUTURE AGENDA ITEMS
Member Pilecki requested that the Board receive further training on diversity, equity and
inclusion and sensitivity training on how to work and communicate with other Board
Members. There was a Board consensus to add the two trainings to a future meeting.
ANNOUNCE CLOSED SESSION (pursuant to Government Code Section 54957.7)
District Counsel Kenton Alm announced that a closed session would be held for Items 17.
Item 18 was no longer needed.
RECESS TO CLOSED SESSION
The Board recessed at 4:01 p.m. to reconvene in closed session in the Caucus Room.
________________________________________________________________________
Closed Session
(Not video recorded)
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April 20, 2023 Special Board Meeting Minutes - Page 11
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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
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
This closed session was canceled.
RECESS TO OPEN SESSION
The Board recessed at 4:27 p.m. to reconvene in open session.
REPORT OUT OF CLOSED SESSION
No report.
ADJOURNMENT
The meeting was adjourned at 4:28 p.m.
Barbara D. Hockett
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
Katie Young
Secretary of the District
Central Contra Costa Sanitary District
County of Contra Costa, State of California
May 4, 2023 Regular Board Meeting Agenda Packet - Page 18 of 218
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