HomeMy WebLinkAbout02.a. Hold discussion and debrief on the Board vacancy appointment processPage 1 of 47
Item 2.a.
LICENTRAL SAN
July 11, 2023
FROM: KATIE YOUNG, SECRETARYOF THE DISTRICT
REVIEWED BY: ROGER S. BAILEY, GENERAL MANAGER
SUBJECT: HOLD DISCUSSIONAND DEBRIEF ON THE BOARD VACANCY
APPOINTMENT PROCESS
At its July 6th meeting, the Board decided to hold a debriefing meeting to discuss the lessons learned
from the selection process to fill a recent vacant seat on the Board. This item is to follow up on that
request and to provide opportunities for discussions and ideas for potential future Board appointments.
Board Position Paper and minutes from the most previous Board Member appointment are attached for
your reference during the discussion.
Strategic Plan re -In
GOAL ONE: Customer and Community
Strategy 1— Deliver high-quality customer service
GOAL THREE: Workforce Diversity and Development
Strategy 1 - Recruit from a diverse pool of qualified applicants, Strategy 4 - Foster a culture of diversity, equity, and
inclusion
GOAL FOUR: Governance and Fiscal Responsibility
Strategy 1 - Promote and uphold ethical behavior, openness, and accessibility, Strategy 2 - Encourage and facilitate
public participation
GOAL SEVEN: Innovation and Agility
Strategy 3 - Be adaptable, resilient, and responsive
ATTACHMENTS:
1. March 9, 2023 Position Paper with backup materials
2. March 9, 2023 Minutes
3. March 16, 2023 Excerpt from Minutes
4. March 30, 2023 Minutes
5. April 4, 2023 Minutes
July 11, 2023 Special Board Meeting Agenda Packet - Page 4 of 50
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6. April 6, 2023 Minutes
7. April 20, 2023 Minutes
July 11, 2023 Special Board Meeting Agenda Packet - Page 5 of 50
QCs
CENTRAL CONTRA COSTA SANITARY DISTRIC
MEETING DATE: MARCH 9, 2023
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ATTACHMENT 1
BOARD OF DIRECTORS
POSITION PAPER
SUBJECT: (AMENDED) CONSIDERATION OF, AND DIRECTION TO STAFF
REGARDING OPTIONS TO FILL DISTRICT 3 VACANCY ON THE BOARD
OF DIRECTORS CREATED BYTHE PASSING OF FORMER BOARD
MEMBER DAVID R. WILLIAMS
SUBMITTED BY:
KATIE YOUNG, SECRETARY OF THE
DISTRICT
� 41
Roger S. Bailey Kenton L. Alm
General Manager District Counsel
INITIATING DEPARTMENT:
SECRETARY OF THE DISTRICT
ISSUE
With the passing of Board Member David R. Williams, a vacancy has occurred on the Central San Board
of Directors. If a vacancy occurs on the Board, State Government Code Section 1780 requires the Board
of Directors, within 60 days from the commencement of the vacancy, to either fill the vacancy by
appointment or call a special election.
BACKGROUND
I In November 2022, Board Member David R. Williams was reelected for a four-year term for District 3. On
March 1, 2023, Member Williams passed away resulting in a vacancy on the Central San Board of
Directors. The vacancy triggers a timing requirement for either Central San Board of Directors to appoint a
new Director or call for a special election. As per statute (Attachment 1), whether the Board chooses the
appointment or the election process, the person appointed or elected shall only serve through December
2024. Division 3 will be part of the November 2024 general election, with the individual elected serving a
shortened, two-year term.
July 11, 2023 Special Board Meeting Agenda Packet - Page 6 of 50
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Appointment Option
If the Board chooses to fill the vacancy by appointment, the vacancy must be filled within 60 days after
notification of the vacancy. The person elected would fill the seat until the next general election (November
2024) through December 2024.
The notice date is March 1, 2023. If the Board decides to fill the vacancy through an appointment, the
appointment must be made prior to April 30, 2023.
If the Board chooses to fill the vacancy by appointment staff recommends the following process and
timeline:
On March 10, 2023, post a notice of the vacancy for 15 days in at least three conspicuous places in
the District (required by statute). Issue an official public notice, post on the District website, post at
the District Headquarters and perform additional public outreach of the announcement that identifies
the vacancy and the requirements to fill the term of the vacancy. A draft announcement with the
minimum requirements (by statute) for an applicant to be considered for an appointment is attached
as Attachment 2.
• Require interested parties to submit summaries of their qualifications to District Headquarters at
5019 1 mhoff Place, Martinez, California by 5:00 p.m. on ___ T B D
• At one or more Board meetings, dates to -be -determined, the Board can review applications and/or
interview applicants for the open position and choose an applicant based on the review and/or
interview process.
Election O tp ion
In lieu of making an appointment, the Board may call a special election to fill the vacancy. The person
elected would fill the seat until the next general election (November 2024) through December 2024.
• The election must be called within 60 days of notification or the effective date of the vacancy,
whichever is later. The effective date, March 1, 2023, and therefore the election should be called by
April 30, 2023.
• After the election is called, the election is required to be held on the next established election date
that is 130 or more days after the date the Board of Directors calls for the election. The next
established election date that is 130 or more days after the April 30, 2023, is November 7, 2023.
ALTERNATIVES/CONS ERATIONS
Should the Board not appoint a new Board Member or hold a special election within 60 days, the Contra
Costa County Board of Supervisors may appoint a person to fill the vacancy within 90 days of the date the
Board of Directors is notified of the vacancy, or the Board of Supervisors may order the District to call an
election to fill the vacancy.
FINANCIAL IMPACTS
Should the Board decide to appoint a person to fill the vacancy there could be a minimal fiscal impact by
way of staff costs if it is decided that multiple candidates are to be interviewed.
Should the Board decide to hold an odd year (special) election, the County Registrar of Voters estimates
that the cost will be $8 to $12 per registered voter. Based on this rate, with 53,212 registered voters in
District 3, the estimated cost for the election would be between $425,696 to $638,544. This would require
a budget amendment.
July 11, 2023 Special Board Meeting Agenda Packet - Page 7 of 50
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COMMITTEE RECOMMENDATION
This item was not reviewed by a Board Committee.
RECOMMENDED BOARD ACTION.
To fill the District 3 vacancy created by the passing of former Board Member David R. Williams, that the
Board of Directors decide whether to:
1) Call a special election for the vacant seat; or
2) Appoint a new Board Member; and if so decided, to direct staff to commence an appointment process
as may be determined by the Board.
ATTACHMENTS:
1. Government Code 1780 regarding a Vacancy on the Board
2. Draft Vacancy Annoucement
July 11, 2023 Special Board Meeting Agenda Packet - Page 8 of 50
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GOVERNMENT CODE - GOV
TITLE 1. GENERAL [100 - 7931.000]
( Title 1 enacted by Stats. 1943, Ch. 134. )
DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599]
( Division 4 enacted by Stats. 1943, Ch. 134. )
CHAPTER 4. Resignations and Vacancies [1750 -1782]
( Chapter 4 enacted by Stats. 1943, Ch. 134. )
ARTICLE 2. Vacancies [1770 -1782]
( Article 2 added by Stats. 1943, Ch. 134. )
1780.
(a) Notwithstanding any other provision of law, a vacancy in any elective office on
the governing board of a special district, other than those specified in Section 1781,
shall be filled pursuant to this section.
(b) The district shall notify the county elections official of the vacancy no later than
15 days after either the date on which the district board is notified of the vacancy
or the effective date of the vacancy, whichever is later.
(c) The remaining members of the district board may fill the vacancy either by
appointment pursuant to subdivision (d) or by calling an election pursuant to
subdivision (e).
(d) (1) The remaining members of the district board shall make the appointment
pursuant to this subdivision within 60 days after either the date on which the
district board is notified of the vacancy or the effective date of the vacancy,
whichever is later. The district shall post a notice of the vacancy in three or more
conspicuous places in the district at least 15 days before the district board makes
the appointment. The district shall notify the county elections official of the
appointment no later than 15 days after the appointment.
(2) If the vacancy occurs in the first half of a term of office and at least 130 days
prior to the next general district election, the person appointed to fill the vacancy
shall hold office until the next general district election that is scheduled 130 or
more days after the date the district board is notified of the vacancy, and
thereafter until the person who is elected at that election to fill the vacancy has
been qualified. The person elected to fill the vacancy shall hold office for the
unexpired balance of the term of office.
(3) If the vacancy occurs in the first half of a term of office, but less than 130
days prior to the next general district election, or if the vacancy occurs in the
second half of a term of office, the person appointed to fill the vacancy shall fill
the balance of the unexpired term of office.
July 11, 2023 Special Board Meeting Agenda Packet - Page 9 of 50
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(e) (1) In lieu of making an appointment the remaining members of the board may
within 60 days of the date the district board is notified of the vacancy or the
effective date of the vacancy, whichever is later, call an election to fill the vacancy.
(2) The election called pursuant to this subdivision shall be held on the next
established election date provided in Chapter 1 (commencing with Section 1000)
of Division 1 of the Elections Code that is 130 or more days after the date the
district board calls the election.
(f) (1) If the vacancy is not filled by the district board by appointment, or if the
district board has not called for an election within 60 days of the date the district
board is notified of the vacancy or the effective date of the vacancy, whichever is
later, then the city council of the city in which the district is wholly located, or if the
district is not wholly located within a city, the board of supervisors of the county
representing the larger portion of the district area in which the election to fill the
vacancy will be held, may appoint a person to fill the vacancy within 90 days of the
date the district board is notified of the vacancy or the effective date of the
vacancy, whichever is later, or the city council or board of supervisors may order
the district to call an election to fill the vacancy.
(2) The election called pursuant to this subdivision shall be held on the next
established election date provided in Chapter 1 (commencing with Section 1000)
of Division 1 of the Elections Code that is 130 or more days after the date the city
council or board of supervisors calls the election.
(g) (1) If within 90 days of the date the district board is notified of the vacancy or
the effective date of the vacancy, whichever is later, the remaining members of the
district board or the appropriate board of supervisors or city council have not filled
the vacancy and no election has been called for, then the district board shall call an
election to fill the vacancy.
(2) The election called pursuant to this subdivision shall be held on the next
established election date provided in Chapter 1 (commencing with Section 1000)
of Division 1 of the Elections Code that is 130 or more days after the date the
district board calls the election.
(h) (1) Notwithstanding any other provision of this section, if the number of
remaining members of the district board falls below a quorum, then at the request
of the district secretary or a remaining member of the district board, the
appropriate board of supervisors or the city council shall promptly appoint a person
to fill the vacancy, or may call an election to fill the vacancy.
(2) The board of supervisors or the city council shall only fill enough vacancies by
appointment or by election to provide the district board with a quorum.
(3) If the vacancy occurs in the first half of a term of office and at least 130 days
prior to the next general district election, the person appointed to fill the vacancy
shall hold the office until the next general district election that is scheduled 130
or more days after the date the district board is notified of the vacancy, and
thereafter until the person who is elected at that election to fill the vacancy has
July 11, 2023 Special Board Meeting Agenda Packet - Page 10 of 50
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been qualified. The person elected to fill the vacancy shall hold office for the
unexpired balance of the term of office.
(4) If the vacancy occurs in the first half of a term of office, but less than 130
days prior to the next general district election, or if the vacancy occurs in the
second half of a term of office, the person appointed to fill the vacancy shall fill
the balance of the unexpired term of office.
(5) The election called pursuant to this subdivision shall be held on the next
established election date provided in Chapter 1 (commencing with Section 1000)
of Division 1 of the Elections Code that is held 130 or more days after the date
the city council or board of supervisors calls the election.
(Amended by Stats. 2007, Ch. 343, Sec. 4. Effective January 1, 2008.)
July 11, 2023 Special Board Meeting Agenda Packet - Page 11 of 50
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NOTICE OF VACANCY ON
CENTRAL CONTRA COSTA SANITARY DISTRICT BOARD FOR DISTRICT 3
In accordance with California Government Code Section 1780, it is hereby
announced that a vacancy currently exists on the Central Contra Costa Sanitary
District Board following the passing of Board Member David R. Williams. The
Board of Directors is seeking interested persons in Central San's District 3 to
submit applications for appointment to fill the position of Board Member for.a term
of office ending after the District's next regular general election in November, 2024.
Applications will be accepted until XXXXX by the Secretary of the District,
Central Contra Costa Sanitary District, 5019 Imhoff Place, Martinez, CA 94553 or
by email (kyoungO-centralsan.org)
To be considered for the position Candidates must be:
1. 18 years old by day of appointment;
2. A citizen of the United States;
3. A registered voter;
4. Eligible to take the oath of office.
5. Applicants must be resident of the Election Division 3 of the District (map
attached).
Application forms are available on our District website at www.centralsan.org or
by emailing the Secretary of the District (kyoung0-centralsan.org).
The appointed individual must, upon appointment, complete and file an Economic
Interest Statement as required by law.
The Board of Directors is the governing body of Central San and derives its
authority from that portion of the Health and Safety Code known as the Sanitary
District Act of 1923 (Sections 6400-6830). Central Contra Costa Sanitary District
(Central San) was formed in 1946 under this Act and has provided wastewater
services within its service boundaries since that time. More information is available
on our services on our District website at www.centralsan.org
July 11, 2023 Special Board Meeting Agenda Packet - Page 12 of 50
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f�, Director Division Boundary Ma
' Map Date: 1212112022
July 11, 2023 Special Board Meeting Agenda Packet -Page 13 of 50
14artinez
Division Election Year
1 2024
Concord
2 2026
1
3 2026
4 2024
Hill
5 2024
Walnut Creek
3
Lafayette
2.
Moraga
4
Director
Term
5
Hockett
2020-2024
San Ramon
Lauritzen
2020-2024
McGill
2022-2026
Pilecki
2020-2024
Williams
2022-2026
H
0 4
Mites
July 11, 2023 Special Board Meeting Agenda Packet -Page 13 of 50
110ENTRAL SAN
MINUTES*
SPECIAL BOARD MEETING
Board Room
Thursday, March 9, 2023
9:30 a.m.
Open Session — Board Room_
(Video recorded)
ROLL CALL
Page 11 of 47
ATTACHMENT 2
BOARD OF DIRECTORS:
BARBARA D. HOCKETT
President
MARIAHN. LAURITZEN
President Pro Tem
MICHAEL R. MCGILL
TAD J. PILECKI
DAVID R. WILLIAMS
A special meeting of the Board of Directors was called to order by President Hockett at
9:30 a.m. Secretary of the District Katie Young called roll.
PRESENT.• Members: Lauritzen, Pilecki, McGill, Hockett
ABSENT: None
PLEDGE OF ALLEGIANCE
The Board, staff and audience joined in the Pledge of Allegiance.
PUBLIC COMMENT PERIOD
1) Development Services Supervisor Paul Kelly announced that he would be officially
retirement on March 10 and addressed the Board thanking them for his 39 years of service
at the District. He also thanked General Manager Roger Bailey and his manager
Provisional Director of Engineering Danea Gemmell for being superior bosses.
The entire Board wished Mr. Kelly a successful retirement and thanked him for all of his
years of service to the District.
2) Walnut Creek resident Mona Gupta addressed the Board and expressed her interest in
the vacant District 3 Board Member seat. She provided a summary of her background,
education, and interests in the position including the desire to promote further use of
recycled water.
These summary minutes are supplemented by a corresponding video recording available on the District's
website at centralsan.org.
Book 71— Page 37
July 11, 2023 Special Board Meeting Agenda Packet - Page 14 of 50
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CENTRAL CONTRA COSTA SANITARY DISTRICT
March 9, 2023 Special Board Meeting Minutes — Book 71 -Page 38
3) Walnut Creek resident Jim Nejedly addressed the Board and stated his desire to return
to the Board for the vacant District 3 seat and his value being a former Board Member and
history with the District.
BOARD ACTION ITEMS
Consideration of, and direction to staff regarding options to fill a District 3 vacancy
on the Board of Directors created by the passing of former Board Member David R.
Williams
President Hockett provided a brief summary of the items needing to be addressed
by the Board in the Position Paper included in the agenda materials.
in response to a question posed by Member McGill, District Counsel Kent Alm
provided the Board with the reasoning behind the vacant seat only being appointed
for a limited term until the next general election in 2024.
Ms. Young advised that after speaking with the County Elections Department, the
appointed Board Member would serve for two years, having to run for a short-term
election (two years) in 2024 and returning to the regular cycle (four-year term) when
running in 2026.
Member McGill inquired about a potential third option should the Board choose not
to appoint or run a special election. Mr. Alm advised that the County Board of
Supervisors would either appoint or require the District to have a special election.
Mr. Alm reminded the Board that according to the statute, the announcement must
be posted for 15 days, and no action can be taken prior to that time. He also advised
the Board that all the appointments, interviews, and deliberation process of the
position will have to be in open session as elected officials do not apply under the
personnel closed session items.
BOARD ACTION: Motion was made by Member McGill and seconded by
Member Lauritzen to appoint a new Board Member through an application and
interview process. Motion passed by unanimous roll call vote.
The Board deliberated several dates and came to a general consensus on the
following schedule:
• March 10 — Official posting of Vacancy Announcement (must be
posted for 15 days)
• March 16, 2:30 p.m. — Regular Board Meeting — discuss interview
questions for potential candidates
• March 27 by 5 p.m. — Applications due to Secretary of the District
• March 28 — Applications provided to the Board and in agenda packet
• March 30, 2:30 p.m. — Special Board Meeting to review initial
applications.
o Should there by only 2-3 applications, this date could potentially
be an interview date for candidates.
July 11, 2023 Special Board Meeting Agenda Packet - Page 15 of 50
Page 13 of 47
CENTRAL CONTRA COSTA SANITARY DISTRICT
March 9, 2023 Special Board Meeting Minutes — Book 71 -Page 39
• April 4, 1:30 p.m. — Special Board Meeting for potential interviews.
• April 6, 2:30 p.m. —Regular Board Meeting for interviews or
deliberation.
• April 11, 9:30 a.m. —Special Board Meeting for deliberation if needed.
Regarding the interview questions, the Board concurred to send individual questions
the e General Manager who will compile a list for further discussion at the next
regular schedule Board meeting on March 16.
Ms. Young read through potential application questions and the Board provided staff
with feedback. There was a discussion regarding adding questions about a
candidates potential Conflicts of Interest within the District. Suggestion of using the
County's verbiage regarding these questions was agreed upon.
ANNOUNCEMENTS
None.
ADJOURNMENT
The meeting was adjourned at 10:34 a.m.
A4 /& ,, -/�
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
July 11, 2023 Special Board Meeting Agenda Packet - Page 16 of 50
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ATTACHMENT 3
Excerat from March 16. 2023 Minutes
12. Board Members — Other Items
a. Hold a discuss to develop interview and process and assign subject
categories to Board Members for the District 3 Board Member applicants
General Manager Roger S. Bailey introduced this discussion topic. He
explained it was not clear whether it was the Board's intention to publicly
disclose the proposed questions submitted to him separately by the Board
Members. Therefore, staff provided topic categorizations, based on the
questions submitted, for discussion at this meeting.
Member McGill asked District Counsel Kenton Alm for clarification on the
public discussion of the seat vacancy if Board Members are not
considered employees, and whether American with Disabilities Act (ADA)
rules apply. Mr. Alm responded that for purposes of a closed session
discussion, it was not allowable; however, Board Members are considered
employees by way of provided benefits. Moreover, regardless of employee
determination status, all applicable ADA requirements must be followed.
An in-depth discussion followed regarding public disclosure of proposed
interview questions.
Members McGill and Lauritzen were similar in opinion to provide a list of
questions in advance with the ability to ask additional questions during the
interviews.
Member Pilecki did not concur and leaned towards a focus on topic
category assignments, with prepared follow-up questions within those
categories specified. He opined the candidate could prepare their
responses based on the topic rather than specific questions to gain an
insight on their views.
Mr. Alm advised that the Board should have the same set base of
questions for each candidate; however, as to any time constraints for
questions, it may depend on the actual number of applications received.
President Hockett offered that candidates will also be completing
application questions that will provide some early insight of their individual
positions. Her initial suggestion was to provide three minutes per question
and answer.
President Hockett provided separate options of the proposed categories
listed in the agenda memorandum and suggested dividing those
categories into the following four overarching topics that each Board
Member could be assigned to lead: Personal; Fiscal; Policy; and
Environment.
July 11, 2023 Special Board Meeting Agenda Packet - Page 17 of 50
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ATTACHMENT 3
Further discussion ensued regarding the topics and the availability of
interview questions.
Member Pilecki suggested moving forward with the four subjects provided
by President Hockett and each Board Member could work with the
General Manager to develop their specific questions.
The Board selected their preferred focused areas:
1) Member Lauritzen - Environment
2) Member McGill - Policy
3) Member Pilecki - Fiscal
4) President Hockett — Personal
Mr. Alm advised that should the pre -proposed interview questions be
released to the Board Members, they would also need to be provided to
the public. Member McGill stated the questions may be a guide and not
necessarily the final questions. After further discussion, Mr. Alm requested
a vote as an agreement to the process, which was handled in four
separate motions.
Board Member Topic Assignments:
BOARD ACTION: Motion was made by Member McGill and seconded
by Member Lauritzen to use the four topics provided by President
Hockett and selected by each Board Member, as listed above. Motion
passed by unanimous roll call vote.
Formation of Interview Questions:
BOARD ACTION: Motion was made by Member Lauritzen and
seconded by Member Pilecki to share individual topic questions with
the General Manager so that no question is duplicated and remains
confidential. Motion passed by the following roll call vote:
AYES: Members: Lauritzen, Pilecki, Hockett
NOES: Member McGill
Release of pre -proposed interview questions already provided by the
Board Members:
BOARD ACTION: Motion was made by Member McGill and seconded
by Member Lauritzen to release the compilation of pre -proposed
interview questions submitted by the Board Members to the Board
Members and public. Motion passed by the following roll call vote:
AYES: Members: Lauritzen, Member McGill, Member Pilecki
NOES: Member Hocket
July 11, 2023 Special Board Meeting Agenda Packet - Page 18 of 50
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ATTACHMENT 3
Mr. Alm requested clarification of the manner to release the questions,
whether immediately or with the applications in the next agenda packet.
Member Lauritzen requested receipt this evening; consensus was to
receive sooner than later.
Member McGill clarified that final questions to be asked during the
interviews would not be released, to which Mr. Bailey confirmed.
July 11, 2023 Special Board Meeting Agenda Packet - Page 19 of 50
Page 17 of 47
ATTACHMENT 3
Next special Board Meeting on March 30, 2023, and Interview Schedule
based on Applications received:
BOARD ACTION: Motion was made and clarified by Member McGill;
seconded by Member Lauritzen that should three or fewer
applications be received, interviews would be conducted on March
30; more than three applications received then would be reviewed on
March 30 and narrowed down to a number to be determined (based
on applications) for interviews to be conducted at the April 4, 2023
special Board meeting. Motion passed by unanimous roll call vote.
July 11, 2023 Special Board Meeting Agenda Packet - Page 20 of 50
LCENTRAL SAN
MINUTES*
SPECIAL BOARD MEETING
Board Room
Thursday, March 30, 2023
2:30 p.m.
_Open Session - Board Room
(Video recorded)
ROLL CALL
Page 18 of 47
ATTACHMENT 4
BOARD OF DIRECTORS -
BARBARA D. HOCKETT
President
MARIAHN. LAURITZEN
President Pro Tern
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
2:30 p.m. Secretary of the District Katie Young called roll:
PRESENT. Members: Lauritzen, McGill, Pilecki, Hockett
ABSENT: Members: None
DGE OF ALLEGIANCE
The Board, staff and audience joined in the Pledge of Allegiance.
PUBLIC COMMENT PERIOD
No comments.
DIVISION 3 BOARD MEMBER SEAT VACANCY
1. Hold discussion regarding next steps and finalize the April 4, 2023 interview process
and schedule for the Division 3 Board Member seat vacancy
President Hockett announced there were twelve candidates for the vacancy and
thanked all those that applied and their interest to serve the District. She addressed
the Board on the task at hand and to keep an open mind of this opportunity to
enhance the diversity and depth of the Board with a candidate to represent the
customers.
These summary minutes are supplemented by a corresponding video recording available on the District's
website at centralsan.org.
Book 79 - Page 49
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CENTRAL CONTRA COSTA SANITARY DISTRICT
March 30, 2023 Special Board Meeting Minutes — Book 71 -Page 50
Member McGill inquired how many votes it would take to appoint a candidate.
District Counsel Kent Alm responded three votes.
Member Lauritzen requested a future agenda item be added regarding the addition
of a note to future appointment applications regarding not being disqualified for a
felony. She suggested making a policy on this. There was consensus from all Board
Members on adding a future agenda item.
Moving forward with the agenda, President Hockett suggested discussion and a
motion occur for all ten items included in this agenda item memorandum.
1.a. Decide whether interviews will be conducted with all applicants on April 4, 2023
or screen the list of applicants at the March 30 meeting and limit the number of
interviews on April 4.
Member Pilecki opined that it would be unrealistic to think the Board could do an
adequate job interviewing all twelve applicants and suggested limiting the number of
applicants to interview.
There was a discussion regarding the number of applicants and how the Board
Members would like to screen the application. There was discussion of an additional
step after the initial interview to screen applicants by having an informal reception.
BOARD ACTION: Motion was made by Member Pilecki to narrow down the
interview list to a manageable number and if the Board is indecisive about the
top two candidates, a second interview will occur as part of April 6 Board
Meeting.
Member Pilecki amended his above motion to include that the interviews will be
conducted on the same day. The amended motion was seconded by Member
Lauritzen. Motion passed by the following vote:
AYES: Members: Lauritzen, McGill, Pilecki
NOES: Members: Hockett
1.b. Should the Board choose to limit the number of interviews, then the Board would
need to determine a process for screening applications at the March 30 meeting and
complete the screening and ranking
Motion was made by Member Pilecki, seconded by Member Lauritzen to allow
each Board Member to use their own criteria to rank the candidates based off
the written applications.
General Manager Roger S. Bailey advised for the benefit of the public, staff could
review the summary of applications and resumes, included in the agenda materials,
and the Board could rank the candidates based off that information.
Member Pilecki withdrew his motion.
July 11, 2023 Special Board Meeting Agenda Packet - Page 22 of 50
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CENTRAL CONTRA COSTA SANITARY DISTRICT
March 30, 2023 Special Board Meeting Minutes — Book 79 -Page 59
BOARD ACTION: Motion was made by Member Lauritzen, seconded by Member
Pilecki to read the summary included in the agenda materials of the candidates
experience and education. Motion passed by unanimous roll call vote.
Ms. Young read aloud the entire summary of applications spreadsheet.
Discussion continued regarding the candidates and the members provided their
preferred short list.
Member McGill provided his top four candidates:
Thomas Beatty, Kathleen Odne, Scott Rafferty, and Mona Gupta.
Member Lauritzen provided her top six candidates:
Mona Gupta, Florence Wedington, Kathleen Odne, Scott Rafferty, Thomas Beatty,
and Robert Kelso.
Member Pilecki provided his top six candidates, in the order received:
Jim Nejedly, Kathleen Odne, Scott Rafferty, Paul Causey, Florence Wedington, and
Robert Kelso.
President Hockett provided her top five candidates:
Jim Nejedly, Kathleen Odne, Florence Wedington, Mona Gupta, and Chris Tina
Spillett.
The names receiving the highest number of common votes were:
Kathleen Odne (4), Florence Wedington (3), Mona Gupta (3), and Scott Rafferty (3).
BOARD ACTION: Motion was made by Member McGill, seconded by President
Hockett to interview the top four candidates in common of the Board Members.
Discussion ensued.
Member Pilecki opposed and advocated that Mr. Nejedly and Mr. Causey be included
in the top candidates as both were prior elected Board Members and that it would be
a disservice to them to not to be a part of the process. He spoke about criteria that
should be considered, including civic commitment, employment relations, diversity,
equity and inclusion, and other subject matters.
Member McGill called for a point -of -order as he opined the discussion was being
argued outside of the motion. Mr. Alm stated that Member Pilecki's comments were
an argument against the motion on the floor and were appropriate to be heard.
Member Pilecki continued to express his firm position to not limit the interviews to
four candidates but to have six candidates.
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March 30, 2023 Special Board Meeting Minutes — Book 79 -Page 52
Motion passed by the following roll call vote:
AYES: Members: Lauritzen, McGill, Hockett
NOES: Members: Pilecki
ABSTAIN: Members: None
For the benefit of the public, Mr. Bailey reconfirmed the final four candidates to move
forward with an interview.
Kathleen Odne, Scott Rafferty, Mona Gupta, and Florence Wedington.
2. Confirm the number of questions to ask each applicant per Board Member (e.g.,
two or fewer)
BOARD ACTION: Motion was made by Member McGill, seconded by Member
Lauritzen to allow each Board Member to ask two questions in the assigned
areas. Motion passed by unanimous roll call vote.
BOARD ACTION: Motion was made by Member McGill, seconded by Member
Pilecki to allow Board Members to ask follow-up questions if time allows.
Motion passed by unanimous roll call vote.
3. Set a time limit for response to each question per candidate (e.g., three -minutes
per response).
BOARD ACTION: Motion was made by Member Lauritzen, seconded by Member
McGill to allow five minutes per question with five minutes left to spill over (45
minutes total per interview). Motion passed by unanimous roll call vote.
Mr. Alm asked for clarification on the five minutes and if a clock was going to be set.
President Hockett stated that she believes it would be an overall timeframe and not
be necessarily that rigid. Member Lauritzen agreed and stated that the goal would be
to answer each question in five minutes, and to conclude the overall interview within
45 minutes.
BOARD ACTION: Motion was made by Member McGill, seconded by Member
Lauritzen to have a clock set at five minutes with recognition that the Board
President has the discretion to allow more time to answer a question.
Discussion ensued. Member Pilecki stated to provide a 45 -minute window rather
regulate to hard level of detail and allow the candidate to manage their interview time
so they could answer in more detail in areas of their interest.
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March 30, 2023 Special Board Meeting Minutes - Book 71 -Page 53
Motion failed by the following vote:
AYES: Members: Lauritzen
NOES: Members: McGill, Pilecki
ABSTAIN: Members: Hockett
4. Set a cap to the total length of each interview, regardless of all questions posed
(e.g., 30 -minutes per candidate).
Item 4 was decided with Item 3 above as 45 minutes per interview.
5. Determine the order in which the candidates will be scheduled (e.g., order in which
application was received, alphabetical order, or by a random draw).
BOARD ACTION: Motion was made by Member Pilecki, seconded by Member
McGill to determine the order of candidate interviews by random draw.
Member Lauritzen requested flexibility in case the candidate needs a specific
scheduled time.
Member Pilecki stated that the names would be placed in a hat and the first
candidate's name picked receives their first choice of interview times.
Motion passed by unanimous roll call vote.
6. In order to be equitable, decide if all of the candidates need to be in attendance at
the start of the meeting on April 4 and sit in the Multi -Purpose Room with no live -
stream option or release the final interview questions to all interview candidates and
allow each candidate to arrive at a suggested time for their scheduled interview.
BOARD ACTION: Motion was made by Member McGill, seconded by Member
Lauritzen to allow the candidates to listen to or be present during other
candidate interviews. Motion passed by the following roll call vote:
AYES: Members: Hockett, Lauritzen, McGill
NOES: Members: None
ABSTAIN: Members: Pilecki
7. If a candidate is unable to make the scheduled interview date/time, determine how
to proceed.
Member Pilecki inquired what the employee policy was should a candidate be unable
to make a job interview. Human Resources and Organizational Manager Teji
O'Malley advised that they would be disqualified.
BOARD ACTION: Motion was made by Member Pilecki, seconded by Member
McGill that should a candidate be unable to make an interview on April 4 they
would be disqualified.
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March 30, 2023 Special Board Meeting Minutes - Book 71 -Page 54
Member Lauritzen asked for a modification to the motion, allowing for the candidate
to interview on Thursday, April 6 should they be unable to make April 4. Member
Pilecki denied the request to amend the motion.
Motion passed by the following vote:
AYES: Members: Hockett, McGill, Pilecki
NOES: Members: Lauritzen
ABSTAIN: Members: None
8. Determine whether a follow up/second interviews are necessary for the agreed
upon top candidates.
BOARD ACTION: Motion made by Member McGill, seconded by President
Hockett that the possibility of second interviews, if necessary, will be
conducted on April 6 to be decided on April 4. Motion passed by unanimous
roll call vote.
9. Decide on whether a forced -ranking grading mechanism for ranking candidates is
preferred
BOARD ACTION: Motion was made by Member McGill, seconded by Member
Pilecki to not use a forced -ranking mechanism for ranking the candidates.
Member Lauritzen stated she was not opposed to the motion but was unsure of the
alternative method. Member Pilecki stated that the individual Board Members could
choose whatever method of ranking they would like.
President Hockett inquired if the Board could go into closed session to discuss the
candidates. Mr. Alm responded no, there was no provision in the Brown Act for a
closed session on that basis.
Motion passed by unanimous roll -call vote.
10. Determine the process to be taken in case of a tie -vote.
BOARD ACTION: Motion was made by Member Lauritzen, seconded by Member
Pilecki that should there be a tie -vote, a social with candidates and/or follow up
interviews will occur on April 6. Motion passed by unanimous roll -call vote.
Mr. Bailey requested the candidates' names be selected today for order of interview
time choice.
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March 30, 2023 Special Board Meeting Minutes — Book 71 -Page 55
Director of Administration and Finance Philip Leiber randomly pulled the final four
candidate names in the following order
Florence Wedington
Kathleen Odne
Scott Rafferty
Mona Gupta
The Board Members discussed the scheduled times of interviews.
BOARD ACTION: Motion was made by Member Pilecki, seconded by Member
McGill to set the interview schedule for the following:
First Interview: 10:00 a.m.
Second Interview: 11:00 a.m.
Lunch
Third Interview: 1:00 p.m.
Fourth Interview: 2:00 p.m.
Deliberation: 3:00-5:00 p.m.
Motion passed by unanimous roll -call vote.
2. Receive and consider applications received for the Division 3 Board Member seat
vacancy
BOARD ACTION: Received candidate applications.
ANNOUNCEMENTS
None.
ADJOURNMENT
The meeting was adjourned at 4:03 p.m.
Barbara D. Hockett
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
July 11, 2023 Special Board Meeting Agenda Packet - Page 27 of 50
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CENTRAL CONTRA COSTA SANITARY DISTRICT
March 30, 2023 Special Board Meeting Minutes — Book 71 -Page 56
COUNTERSIGNED:
Katie
Young(,/
Secretary of the District
Central Contra Costa Sanitary District
County of Contra Costa, State of California
July 11, 2023 Special Board Meeting Agenda Packet - Page 28 of 50
110ENTRAL SAN
MINUTES*
SPECIAL BOARD MEETING
Board Room
Tuesday, April 4, 2023
10:00 a.m.
Open Session - Board Room
(Video recorded)
ROLL CALL
Page 26 of 47
ATTACHMENT 5
BOARD OFDIRECTORS:
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
10:00 a.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. Young read a public comment received electronically from Bethallyn Black, Professor
Diablo Valley College, providing a letter of support for District 3 candidate Mona Gupta.
AMENDMENT TO AGENDA
Ms. Young advised the Board that an issue was brought to her attention regarding a District
3 candidate, Scott Rafferty, unable to participate in person due to an illness.
BOARD ACTION: Motion was made by Member Pilecki and seconded by Member
Lauritzen to amend the agenda for April 4, 2023, to include a discussion item
regarding allowing Mr. Rafferty to participate virtually for his interview. Motion
passed by unanimous roll call vote.
These summary minutes are supplemented by a corresponding video recording available on the District's
website at centralsan.org.
Book 71 - Page 57
July 11, 2023 Special Board Meeting Agenda Packet - Page 29 of 50
Page 27 of 47
CENTRAL CONTRA COSTA SANITARY DISTRICT
April 4, 2023 Special Board Meeting Minutes — Book 79 -Page 58
VIRTUAL INTERVIEW PARTICIPATION
BOARD ACTION: Motion was made by Member Pilecki and seconded by Member
Lauritzen to allow the District 3 candidate interview at 1:00 p.m. for Scott Rafferty to
be conducted virtually due to an illness.
Discussion ensued.
Member McGill stated that although at the previous Board Meeting on March 30, the Board
voted that a person unable to attend an interview on April 4 would be disqualified, this
circumstance of being exposed to COVID-19 is a different circumstance and he was in
support of the motion.
Motion passed by unanimous roll call vote.
DIVISION 3 BOARD MEMBER SEAT VACANCY
1. Conduct candidate interviews for Division 3 Board Member seat vacancy
President Hockett introduced Item 1 and advised that each applicant would be
allotted 45 minutes to answer eight questions from the Board Members. Member
McGill asked questions regarding policy, Member Lauritzen asked questions focused
on the environment, Member Pilecki asked questions on finance, and President
Hockett focused on personal questions.
At 10:08 a.m. President Hockett welcomed Ms. Mona Gupta and advised her of the
interview process. Ms. Gupta responded to questions from the Board. After the last
question, Ms. Gupta stated that she believes she represents the younger people, has
a different skill set than other Board Members and, with her passion and new
perspectives on the future, she believes she would be a great candidate for the
Board. President Hockett thanked Ms. Gupta for her interest in the Division 3 Board
seat and she was dismissed.
At this time, the Board took a 15 -minute recess.
President Hockett inquired if there were any additional public comments received
during the meeting. Ms. Young responded that there were none.
At 11:00 a.m. President Hockett welcomed Ms. Kathleen Odne and advised her of
the interview process. Ms. Odne responded to questions from the Board. After the
last question, Ms. Odne stated that she is interested in four priorities at the District
including: replacing aging infrastructure, maintaining strong relationships with the
employee base, developing and demonstrating value and innovation to the rate
payers, and to be mindful of cyber security and the necessary investments to keep
computerized systems safe. President Hockett thanked Ms. Odne for her interest in
the Division 3 Board seat and she was dismissed.
At this time, the Board took an hour recess for lunch.
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April 4, 2023 Special Board Meeting Minutes — Book 71 -Page 59
The meeting reconvened at 1:00 p.m. and President Hockett inquired if there were
any additional public comments received during the meeting. Ms. Young responded
that there were none.
Shortly thereafter, President Hockett welcomed Mr. Scott Rafferty and advised him
of the interview process. Member McGill noted that Mr. Rafferty had alerted him that
he wasn't feeling great but wanted to proceed with the interview in order to not be
disqualified. Mr. Rafferty responded to questions from the Board. Throughout the
interview, he emphasized his commitment to and experience with various civil rights
causes. After the last question, Mr. Rafferty stated that he brings skillset diversity
being a lawyer and is an avid numbers cruncher, the fact that assesses public policy
issues with numbers and sees those as both strong skills to bring to the Board and
he has a demonstrated commitment to social justice and diversity issues. President
Hockett thanked Mr. Rafferty for his interest in the Division 3 Board seat and he was
dismissed.
At this time, the Board took a 15 -minute recess.
The meeting reconvened at 2:00 p.m., President Hockett inquired if there were any
additional public comments received during the meeting. Ms. Young read two public
comments received electronically from Claire Carter, resident of Rossmoor, and
Shirley Krohn, resident of Walnut Creek, expressing their support for the candidacy of
Florence Wedington for a seat on the Board of Directors.
After the public comments were read into the record, President Hockett welcomed
Ms. Florence Wedington and advised her of the interview process. Ms. Wedington
responded to questions from the Board, in addition to several follow-up questions
posed regarding any potential conflict of interest due to her employment with a sister
agency. After the last question, Ms. Wedington thanked the Board for the opportunity
to interview and stated that she is a big supporter of Central San and believes it is a
well-run District. Secondly, she believes she is a great candidate because she has
strong relationships within the Division 3 area, with councilmembers, the Golden Rain
Foundation, Rossmoor and other residents, and has extensive experience in the
industry. She stated that she understands Central San's processes and is aware
there are big decisions to be made in the near future for infrastructure and with her
industry background she could hit the ground running. President Hockett thanked
Ms. Wedington for her interest in the Division 3 Board seat and she was dismissed.
After the final interview, the Board took a 10 -minute recess.
At approximately 2:45 p.m., President Hockett provided an overview of the next step
in the process and each available option; she opened the floor for each Board
Member to provide their feedback on the candidate interviews. Member McGill
suggested the Board try to appoint a new member today.
President Hockett stated the Board hold a discussion regarding the candidates prior
July 11, 2023 Special Board Meeting Agenda Packet - Page 31 of 50
Page 29 of 47
CENTRAL CONTRA COSTA SANITARY DISTRICT
April 4, 2023 Special Board Meeting Minutes — Book 71 -Page 60
to placing a motion on table. The Board Members provided their individual opinions of
the candidates and provided their top choices.
Member Lauritzen defined her selection criteria which included the areas of personal
values -environmental commitment, diversity and inclusion, and experience. As it
pertained to environmental commitment, her top candidates were Mona Gupta and
Florence Wedington; Scott Rafferty for diversity, and finally Kathleen Odne based on
experience.
Member McGill provided both positive and negative opinions on the four candidates,
and reasons of non-support for three of the candidates. He stated Mona Gupta was
his number one choice.
Member Pilecki stated each candidate impressed him in different ways and spoke of
the skills each would bring to the Board. He stated Kathleen Odne was his first
choice, Florence Wedington as a second viable candidate, and shared his concerns
regarding the other two candidates.
Member Lauritzen revisited her selection, and stated agreement with Member McGill
as this appointment being a passing of the baton and reaffirmed her order of
selection as Mona Gupta as her first choice, followed by Ms. Wedington, Mr. Rafferty,
and Ms. Odne.
In response to President Hockett's question to confirm his preference, Member McGill
responded it was Ms. Gupta.
President Hockett stated that given the deliberation, her candidate would be Mona
Gupta as she has the potential to learn and grow in the industry.
BOARD ACTION: Motion was made by Member McGill and seconded by
Member Lauritzen to appoint Mona Gupta as the Division 3 Board Member.
Member Pilecki advised that he normally would vote no, as Ms. Gupta was not his top
candidate, but would prefer the vote be unanimous so he would vote with his fellow
Board Members.
Motion passed by unanimous roll call vote.
ANNOUNCEMENTS
None.
July 11, 2023 Special Board Meeting Agenda Packet - Page 32 of 50
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CENTRAL CONTRA COSTA SANITARY DISTRICT
April 4, 2023 Special Board Meeting Minutes — Book 71 -Page 61
ADJOURNMENT
The meeting was adjourned at 3:09 p.m.
� r�r
Barbara D. Hockett
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
KatWe Youft
Scretarry the Pstrict
Centra! Contra Costa Sanitary District
County of Contra Costa, State of California
July 11, 2023 Special Board Meeting Agenda Packet - Page 33 of 50
)ICENTRAL SAN
MINUTES*
REGULAR BOARD MEETING
Board Room
Thursday, April 6, 2023
2:30 p.m.
Open Session — Board Room
(Video recorded)
ROLL CALL
Page 31 of 47
ATTACHMENT 6
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
July 11, 2023 Special Board Meeting Agenda Packet - Page 34 of 50
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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
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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.
July 11, 2023 Special Board Meeting Agenda Packet - Page 36 of 50
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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
July 11, 2023 Special Board Meeting Agenda Packet - Page 37 of 50
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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 54957.71
District Counsel Kenton Alm announced that a closed session would be held for Item 18.
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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
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
Katie Young
Secretary of the' istrilct-
Central Contra Costa Sanitary District
County of Contra Costa, State of California
July 11, 2023 Special Board Meeting Agenda Packet - Page 39 of 50
)ICENTRAL SAN
MINUTES*
SPECIAL BOARD MEETING
Board Room
Thursday, April 20, 2023
1:30 p.m.
Open Session - Board Room
(Video recorded)
ROLL CALL
Page 37 of 47
ATTACHMENT 7
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
July 11, 2023 Special Board Meeting Agenda Packet - Page 40 of 50
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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 July 1, 2023 July 1, 2024
Percent change
between
4%
----------------------------------------------------------------------------------
o
+5.9 and -11.6%
/o
(all rate classes)
July 11, 2023 Special Board Meeting Agenda Packet - Page 41 of 50
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April 20, 2023 Special Board Meeting Minutes - Book 71 - Page 70
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
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
July 11, 2023 Special Board Meeting Agenda Packet - Page 42 of 50
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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 staff's recommendation.
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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.
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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.
July 11, 2023 Special Board Meeting Agenda Packet - Page 45 of 50
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April 20, 2023 Special Board Meeting Minutes - Book 71- 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
$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.
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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
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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.
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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)
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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 ` oung
Secretary of the District
Central Contra Costa Sanitary District
Cciunty of Contra Costa, State of California
July 11, 2023 Special Board Meeting Agenda Packet - Page 50 of 50