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Home My WebLink AboutBOARD MINUTES 05-04-23110ENTRAL SAN CENTRAL CONTRA COSTA SANITARY DISTRICT 5019 IMHOFF PLACE, MARTINEZ, CA 94553-4392 MINUTES* REGULAR BOARD MEETING Board Room Thursday, May 4, 2023 2:30 p.m. Open Session - Board Room (Video recorded) Rni I r.AI I BOARD OF DIRECTORS: BARBARA D. HOCKETT President MARIAHN. LAURITZEN President Pro Tem MICHAEL R. MCGILL TAD J. PILECKI FLORENCE T. WEDINGTON 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: Lauritzen, McGill, Pilecki, Wedington, 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 1. Approve the following: a. April 20, 2023 Special Board meeting minutes 2. Approve expenditures incurred March 10, 2023, through April 13, 2023 These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. Book 71 - Page 79 CENTRAL CONTRA COSTA SANITARY DISTRICT May 4, 2023 Special Board Meeting Minutes - Book 71— Page 80 3. Receive Budget -to -Actual Expenditure overview through the month of March 2023 4. Set a public hearing for June 1, 2023 at 2:30 p.m. to receive public comments on the consideration to 1) declare land located at the Walnut Creek Collection System Operations Campus (APN 177-270-030) as currently unneeded; and 2) authorizing staff to enter into a new lease with New Cingular Wireless PCS, LLC for a term up to ten years 5. Set a public hearing for June 1, 2023 at 2:30 p.m. to receive public comment on adopting an uncodified ordinance amending the Schedule of Environmental and Development -Related Fees and Charges 6. Set public hearing for June 1, 2023, at 2:30 p.m. to receive public comment on adopting the Central San budget for Fiscal Year (FY) 2023-24 7. Set a public hearing for June 1, 2023 at 2:30 p.m. to receive public comment on adopting an uncodified ordinance amending the Schedule of Capacity Fees 8. Accept an amendment to Resolution No. 2022-085 to reestablish Board Committee assignments and remaining schedule of 2023 regular Board Standing Committee meetings and approve new Liaison assignments 9. Authorize the General Manager to execute a contract in an amount not to exceed $171,600 with Maze & Associates, Certified Professional Accountants to perform financial audit services for Fiscal Years 2022-23 through 2024-25 with the option to extend for two additional years 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. PUBLIC HEARINGS 10. Conduct a continued public hearing from April 6, 2023 for the annual review of Board Member compensation and benefits President Hockett opened the public hearing, upon hearing no public comment, immediately closed the hearing. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member McGill to leave Board member compensation and benefits unchanged. Motion passed by unanimous roll call vote. CENTRAL CONTRA COSTA SANITARY DISTRICT May 4, 2023 Special Board Meeting Minutes - Book 71- Page 81 11. 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 Senior Engineer Thomas Brightbill reviewed the Position Paper and presentation included in the agenda materials. Member Pilecki inquired how staff is preparing to handle questions from customers who obtained permits and paid fees. Staff responded that they would be handling this on a case -by -case basis and that they recommend that District Code and Capacity Fee Schedule be changed to require all property owners with un permitted ADUs to pay the current fees for the construction of a new ADU. Member Wedington inquired about the type of outreach that is done to inform others about the process and fee structure. Mr. Brightbill advised that the permit counter staff hosts a Sewer Summit which includes agencies and staff counterparts to explain the process and to let them know who should be contacted regarding the process. At 2:59 p.m. President Hockett opened the public hearing, upon hearing no comments, she immediately closed the hearing. Member Pilecki stated that he was uncomfortable with extending the proposed treatment to the unpermitted units done by the original owners and requested staff bring back a program dealing with the projects where the current property owners didn't follow the rules. Member Lauritzen stated that she opposed that suggestion as it may require significant staff time to develop and administer such a program. Discussion ensued. BOARD ACTION: Member Pilecki made a motion to adopt the portion of changes that.deal with a purchase made with work completed prior. Motion died for lack of second. BOARD ACTION: Motion was made by Member Lauritzen and seconded by Member Hockett to adopt the following items relating to unpermitted Accessory Dwelling Units (ADUs) as provided: Ordinance No. 326 to codify amendments to District Code Section 6.12.030; and Amendments to Exhibit A, an uncodified Schedule of Capacity Fees, Rates, and Charges under Ordinance No. 324. Motion passed by the following vote: CENTRAL CONTRA COSTA SANITARY DISTRICT May 4, 2023 Special Board Meeting Minutes - Book 71— Page 82 AYES: Members: Lauritzen, McGill, Wedington and Hockett NOES: Members: Pilecki ABSTAIN: Members: None HEARINGS 12. Conduct a hearing to consider Mr. Johnathan Espinoza's appeal of a staff decision that Capacity Fees in the amount of $15,603.44 are owed for two unpermitted Accessory Dwelling Units (ADU) at 118 C Street in Martinez BOARD ACTION: Motion was made by Member Pilecki and seconded by Member McGill to grant the appeal to Mr. Johnathan Espinoza. Motion passed by unanimous roll call vote. OTHER BOARD ACTION ITEMS 13. Adopt, reject or modify the recommendation of the arbitrator in response to the appeal of disciplinary action filed by an employee represented by the Management Support/Confidential Group BOARD ACTION: Motion was made by Member Lauritzen and seconded by Member Pilecki to adopt the arbitrator's recommendation. Motion passed by the following roll call vote: AYES: Members: Lauritzen, McGill, Pilecki and Hockett NOES: Members: None ABSTAIN: Members: Wedington 14. Set a new Public Hearing for June 21, 2023 at 1:30 p.m. to consider establishing Sewer Service Charge (SSC) rate increases for Fiscal Years 2023-24 and 2024-25; Review associated Cost -of -Service Report and Proposition 218 notice BOARD ACTION: Motion was made by Member Pilecki, seconded by Member Wedington to set a rescheduled SSC Public Hearing for June 21, 2023 at 1:30 p.m., reviewed associated Cost -of -Service Report and associated Proposition 218 notice. Motion passed by unanimous roll call vote. LEGISLATIVE MATTERS 13. Receive update on pending legislative matters and provide direction on priority legislation Communications and Government Relations Manager Emily Barnett provided an overview of key recent matters as listed on the 2023 Central San Priority Legislation Tracking Sheet dated May 3, 2023, provided in advance of the meeting. Items of staff recommendation for Board consideration were as follows. Ms. Barnett proposed a position stance update on four Assembly Bill items: CENTRAL CONTRA COSTA SANITARYDiSTRICT May 4, 2023 Special Board Meeting Minutes - Book 71— Page 83 • Item 12 - AB 817 regarding teleconferencing meetings and requested a Support position. • Item 13 - AB 1637 pertaining to internet website and email and requested a Oppose position. • Item 14 — AB 1526 regarding public resources for aerosol coating products and requested a Support position. • Item 15 — AB 347 pertaining to additional enforcement authority over the various per -and polyfluoroalkyl substances (PFAS) statues to the Department of Toxic Substances Control (DTSC) and requested a Support position. BOARD ACTION: Received the update. Motion made by Member McGill, seconded by Member Lauritzen to support staff's position stance for Items 12 through 15 as indicated. Motion passed by unanimous roll call vote. Ms. Barnett advised the Board that U.S. Senator Cynthia Loomis entered five pieces of legislation to the federal level that would exempt from liability water and wastewater utilities that do not produce but passively receive PFAS. She also advised that there is a reintroduction piece of legislation at the Federal Level regarding a mandate on proper labeling of non-flushable wipes. REPORTS AND ANNOUNCEMENTS 16. General Manager — Reports a. Receive update for the District's response to the Wet -Weather events from December 2022 to January 2023 Paul Seitz Collection System Operations Division Manager, Alan Weer Plant Operations Division Manager, Neil Meyer Provisional Director Operations, and Edgar Lopez Provisional Director of Engineering and Technical Services reviewed the presentation included in the agenda materials. BOARD ACTION: Received the update. b. Received update of the San Pablo Watershed Force Main Improvements BOARD ACTION: Received the update. C. Receive update on the in-house treasury function assessment directed by the Board of Directors on September 15, 2022 Deputy General Manager Phil Leiber reviewed the presentation included in the agenda materials. BOARD ACTION: Received the update. CENTRAL CONTRA COSTA SANITARY DISTRICT May 4, 2023 Special Board Meeting Minutes - Book 71— Page 84 d. Receive recap of the Central San Academy 2023 Session Management Analyst Christina Gee reviewed the presentation included in the agenda materials. BOARD ACTION: Received the update. e. Receive recap of the Central San's 2023 Externship Program Management Analyst Christina Gee reviewed the presentation included in the agenda materials. BOARD ACTION: Received the update. Receive list of pending Board and Standing Committee future agenda items BOARD ACTION: Received the list. 17. General Manager -Announcements a. Announcements - May 4, 2023 General Manager Roger S. Bailey made the following announcements) at the meeting: 1) He provided a quick summary of the congressional support for some of Central San projects including: Solids Handling Improvements Prorect: • Senator Padilla supported and submitted a request for $6 million through the EPA State and Tribal Assistance Grant (STAG) Program. • Senator Feinstein supported and submitted a request for $2 million through the EPA State and Tribal Assistance Grant (STAG) Program. UV Disinfection Replacement Pm ect: • Senator Feinstein supported $4 million through DOE in the Energy and Water Development, and Related Agencies Subcommittee. • Senator Padilla supported $4 million through the EPA in the Interior, Environment, and Related Agencies Subcommittee. 2) He will be out of the country in Berlin, Germany attending the Global Water Summit to participate in Leading Utilities of the World. He noted that the costs of the travel were funded by Global Water Summit. BOARD ACTION: Received the announcements. CENTRAL CONTRA COSTA SANITARY DISTRICT May 4, 2023 Special Board Meeting Minutes - Book 71- Page 85 18. Counsel for the District Richard Pio Roda, Meyers Nave District Counsel, substituted for Central San District Counsel Kent Alm. 19. Secretary of the District Ms. Young announced the following upcoming Committee meetings: 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. 20. Board Members - Committee Minutes a. April 25, 2023 — Finance Committee — President Hockett and Member McGill (alternate) BOARD ACTION: Received the Committee minutes. 21. 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 — No report. Member McGill Member McGill also provided a written report covering his announcements and other meetings. Member Pilecki - No report. Member Wedinaton • Contra Costa Special Districts Association (CCSDA) 30th Anniversary Celebration, Pleasant Hill • Advised she will be absent from the May 18 and June 1 Board Meetings. • Stated that she was highly impressed with staff and their dedication and pride for their work. President Hockett • Contra Costa Special Districts Association (CCSDA) 30th Anniversary Celebration, Pleasant Hill CENTRAL CONTRA COSTA SANITARY DISTRICT May 4, 2023 Special Board Meeting Minutes - Book 71— Page 86 BOARD ACTION: Received the reports and announcements. 22. 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. No requests. BOARD ACTION: Consider any requests. EMERGENCY SITUATIONS REQUESTS FOR FUTURE AGENDA ITEMS ANNOUNCE CLOSED SESSION (pursuant to Government Code Section 54957.7) District Counsel Richard Pio Roda announced that a closed session would be held for Item 23. RECESS TO CLOSED SESSION The Board recessed at 4:47 p.m. to reconvene in closed session in the Caucus Room. Closed Session (Not video recorded) CLOSED SESSION 23. Conference with labor negotiators pursuant to Government Code Section 54957.6: District Negotiators: • Roger S. Bailey, General Manager • Richard Pio Roda., 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 RECESS TO OPEN SESSION The Board recessed at 5:24 p.m. to reconvene in open session. REPORT OUT OF CLOSED SESSION No reportable action. CENTRAL CONTRA COSTA SANITARYDISTRICT May 4, 2023 Special Board Meeting Minutes - Book 79 — Page 87 ADJOURNMENT The meeting was adjourned at 5:25 p.m. A/fllb, Barbara D. Hockett President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Katie Young -$ecretary of t M tri t Central Contra Costa Sanitary District County of Contra Costa, State of California