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HomeMy WebLinkAboutBOARD MINUTES 04-20-23 (Special)LCENTRAL SAN MINUTES* SPECIAL BOARD MEETING Board Room Thursday, April 20, 2023 1:30 p.m. Open Session - Board Room (Video recorded) ROLL CALL BOARD OF DIRECTORS: BARBARA D. HOCKETT President MARIAHN. LAURITZEN President Pro Tem MICHAEL R. MCGILL TAD J. PILECKI DIVISION 3 - VACANT 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. Book 71 - Page 68 CENTRAL CONTRA COSTA SANITARY DISTRICT April 20, 2023 Special Board Meeting Minutes - Book 71 - Page 69 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 JJJuly 1, 2023 JJuly 1, 2024 Percent chan a between 114% g 11+5.9% and -11.6% (all rate classes) CENTRAL CONTRA COSTA SANITARY DISTRICT April 20, 2023 Special Board Meeting Minutes - Book 71 - Page 70 Single Family Residence Rate $697 II$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 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 CENTRAL CONTRA COSTA SANITARY DISTRICT April 20, 2023 Special Board Meeting Minutes - Book 71 - Page 71 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 staffs recommendation. CENTRAL CONTRA COSTA SANITARY DISTRICT April 20, 2023 Special Board Meeting Minutes - Book 71 - Page 72 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. CENTRAL CONTRA COSTA SANITARY DISTRICT April 20, 2023 Special Board Meeting Minutes - Book 71 - Page 73 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. CENTRAL CONTRA COSTA SANITARY DISTRICT April 20, 2023 Special Board Meeting Minutes - Book 79 - Page 74 Ms. Young advised that after speaking with the Contra Costa County Elections Office, holding a special in person election in November would cost approximately $92-$94 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. CENTRAL CONTRA COSTA SANITARY DISTRICT April 20, 2023 Special Board Meeting Minutes - Book 71 - Page 75 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 CENTRAL CONTRA COSTA SANITARY DISTRICT April 20, 2023 Special Board Meeting Minutes - Book 71 - Page 76 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. CENTRAL CONTRA COSTA SANITARY DISTRICT April 20, 2023 Special Board Meeting Minutes - Book 71- Page 77 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) CENTRAL CONTRA COSTA SANITARY DISTRICT April 20, 2023 Special Board Meeting Minutes - Book 71 - Page 78 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: r C2 %�). /' Katie 'i oung U U Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California