HomeMy WebLinkAbout04.a. August 15, 2024 Board meeting minutesPage 1 of 9
Item 4.a.
LICENTRAL SAN
September 5, 2024
FROM: KATIE YOUNG, SECRETARYOF THE DISTRICT
SUBJECT: AUGUST 15, 2024 BOARD MEETING MINUTES
Attached are the draft minutes of the above Board meeting.
ATTACHMENTS:
1. Draft Board minutes 08-15-24
September 5, 2024 Regular Board Meeting Agenda Packet - Page 10 of 66
Page 2 of 9
LCENTRAL SAN
MINUTES*
REGULAR BOARD MEETING
Board Room
Thursday, August 15, 2024
2:30 p.m.
DRAFT
Open Session — Board Room
(Video recorded)
ROLL CALL
BOARD OF DIRECTORS:
MARIAHN LAURITZEN
President
MICHAEL R. MCGILL
President Pro Tent
BARBARA D.HOCKETT
TAD J PILECKI
FLORENCE T WEDINGTON
A regular meeting of the Board of Directors was called to order by President Pro Tem
McGill at 2:30 p.m. Secretary of the District Katie Young called roll:
PRESENT. Members: Hockett, McGill, Pilecki, Wedington
ABSENT.- Members: Lauritzen
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.
INTRODUCTIONS
1. New employees:
• Michelle Peon Del Valle, Engineering Assistant III, Planning and Development
Services Division, effective June 17, 2024
• Jimmie Smith, Assistant Engineer, Environmental and Regulatory Compliance
Division, effective July 1, 2024
These summary minutes are supplemented by a corresponding video recording available on the District's
website at centralsan.org.
Book 72 — Page 104
September 5, 2024 Regular Board Meeting Agenda Packet - Page 11 of 66
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August 15, 2024 Regular Board Meeting Minutes - Book 72-Page 105
• Diego Soto Lopez, Staff Engineer, Capital Projects Division, effective July 1,
2024
• Michelle Gonsalves, Accounting Supervisor, Finance Division, effective July
15, 2024
• Brennan Rogers, Accounting Supervisor, Finance Division, effective July 15,
2024
• Cole Woods, Pumping Stations Operator II, Collection System Operations
Division, effective July 15, 2024
• Jacquie Zwinge, Administrative Services Supervisor, Engineering and
Technical Services Department, effective August 5, 2024
BOARD ACTION: Welcomed new staff members. President ProTem McGill
presented the District pins.
AWARDS AND PRESENTATIONS
2. Present the 2024 Excellence in Public Information & Communications Awards from
the California Association of Public Information Officials (CAPIO)
Communications and Government Relations Manager Emily Barnett reviewed the
presentation included in the agenda materials.
BOARD ACTION: Received the awards.
CONSENT CALENDAR
3. Approve the following:
a. July 25, 2024 Board meeting minutes
4. Approve expenditures incurred June 14, 2024 through July 11, 2024
5. Adopt the Salary Schedule for all District job classifications effective August 15, 2024
6. Approve updated Board Policy (BP) No.024 — Occupational Health and Safety
7. Approve updated Board Policy (BP) No.031 — Use of Temporary Employees
8. Approve proposed Resolution No. 2024-022 authorizing investment of monies in the
Local Agency Investment Fund ("LAIF"), and removing the delegation of authority with
the Contra Costa County Treasurer's Office and establishing specified Central San staff
as authorized signers
9. Set public notice for September 5, 2024 at 2:30 p.m. to consider establishing the Fiscal
Year 2024-25 Appropriations Limit
September 5, 2024 Regular Board Meeting Agenda Packet - Page 12 of 66
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August 15, 2024 Regular Board Meeting Minutes - Book 72-Page 106
10. Approve transition of one Senior Engineer — Limited Duration Position (S83 $6,432.62 -
$7,778.00 biweekly) to Senior Engineer (regular, permanent position) (S83 $6,432.62 -
$7,778.00 biweekly)
11. Award a construction contract in the amount of $665,676 to Mesa Energy Systems, Inca
the lowest responsive and responsible bidder for the Headworks Chiller Replacement,
District Project 100010; authorize the General Manager to execute the Contract
Documents subject to submittal requirements; and consider the project exempt from the
California Environmental Quality Act (CEQA)
12. Consider the Buchanan Lift Stations Abandonment and Sewer, District Project 100041,
exempt from the California Environmental Quality Act (CEQA)
13. Authorize the General Manager to execute a new professional services agreement for up
to five years with Sustainable Contra Costa in an amount up to $464,000 (broken out to
approximately Year 1 - $84,000, Year 2 - $88,000, Year 3 - $92,500, Year 4 - $102,000
to allow for a CPI or 5% increase per year, whichever is lower) over the potential five-
year term, to continue providing comprehensive student educational programming within
Central San's service area
President Pro Tem McGill stated that a request had been made to remove Item 11 from
the Consent Calendar for further discussion.
BOARD ACTION: Motion was made by Member Pilecki and seconded by Member
Hocket to approve Items 3 through 10 and 12-13 on the Consent Calendar as
recommended. Motion passed by unanimous roll call vote of the Board Members
present. [4-0-1; Lauritzen absent.]
Regarding Item 11, Capital Projects Division Manager Edgar Lopez explained that
Item 11 had been reviewed and recommended for Board approval at the
Engineering & Operations Committee meeting on August 7, 2024, with the
stipulation that the recommended Board action would include the request to
authorize the General Manager to transfer $875, 000 from the contingency fund to
the Project fund. The motion as presented on the agenda is missing that detail and
Mr. Lopez wanted to clarify the necessary motion and ask it to be amended for
Board approval.
In response to a question from President Pro Tem McGill on how best to amend the
motion, District Counsel Joan Cox stated that a clause can be added to the motion
to authorize a transfer in the amount of $875, 000 from the contingency fund.
BOARD ACTION: Motion was made by Member Hockett and seconded by Member
Wedington to award a construction contract in the amount of $665,676 to Mesa
Energy Systems, Inc., the lowest responsive and responsible bidder for the
Headworks Chiller Replacement, District Project 100010; authorize the General
Manager to execute the Contract Documents subject to submittal requirements; and
consider project exempt from the California Environmental Quality Act (CEQA) , and
authorize the General Manager to make a transfer from the contingency fund in the
September 5, 2024 Regular Board Meeting Agenda Packet - Page 13 of 66
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August 15, 2024 Regular Board Meeting Minutes - Book 72-Page 107
amount of $875,000. Motion passed by unanimous roll call vote of the Board
Members present. [4-0-1; Lauritzen absent.]
PUBLIC HEARINGS
14. Continue a public hearing to receive any comments and protests for the Charles Hill
Road Contractual Assessment District (CAD) no. 2023-1 in Orinda, District Project
6747; and
• Adopt proposed Resolution No. 2024-023 confirming compliance with California
Constitution, Article XIII D, Section 4 (Proposition 218);
• Adopt proposed No. Resolution 2024-024 approving the engineer's report,
assessments, financing period, and interest rate to be charged on financed
assessments and ordering the improvements;
• Authorize the General Manager to execute an agreement with Charles Hill
Road CAD No. 2023-1 participants
Planning and Development Services Division Manager Danea Gemmell explained
that all ballots had been received from the three affected parcels and the vote was
two affirmative and one abstain, which meets the requirement for a majority approval
of the proposed CAD.
President Pro Tem McGill advised that the public hearing has been continued from a
previous meeting; Ms. Young stated that no public comments had been received.
President Pro Tem McGill closed the public hearing.
BOARD ACTION: Motion was made by Member Hockett and seconded by
Member Wedington to approve the Charles Hill Road Contractual Assessment
District (CAD) No. 2023-1 in Orinda, District Project 6747; and
• Adopt proposed Resolution No. 2024-023 confirming compliance with
California Constitution, Article XIII D, Section 4 (Proposition 218);
• Adopt proposed Resolution No. 2024-024 approving the engineer's
report, assessments, financing period, and interest rate to be charged
on financed assessments and ordering the improvements;
• Authorize the General Manager to execute an agreement with Charles
Hill Road CAD No. 2023-1 participants
Motion passed by unanimous roll call vote of the Board Members present.
[4-0-1; Lauritzen absent.]
15. Continue a public hearing to receive public comment on the Willow Drive Contractual
Assessment District (CAD) no. 2022-2 in Danville, District Project 6745
If a majority of returned ballots do not oppose the assessment, consider the
following:
• Adopt proposed No. Resolution No. 2024-025 confirming compliance with
California Constitution, Article XIII D, Section 4 (Proposition 218);
• Adopt proposed No. Resolution No. 2024-026 approving the engineer's report,
assessments, financing period, and interest rate to be charged on financed
assessments and ordering the improvements; and
September 5, 2024 Regular Board Meeting Agenda Packet - Page 14 of 66
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August 15, 2024 Regular Board Meeting Minutes - Book 72-Page 108
• Authorize the General Manager to execute an agreement with Willow Drive
CAD No. 2022-2 participants
Ms. Gemmell explained that all ballots had been received from the seven affected
parcels and the vote was five affirmative and two not participating, which meets the
requirement for a majority approval of the proposed CAD.
President Pro Tem McGill advised that the public hearing has been continued from a
previous meeting.; Ms. Young stated that no public comments had been received
prior to the meeting. President Pro Tem McGill recognized a member of the public
who wanted to make a comment. Former employee Jay McCoy thanked staff and
the Board for continuing and improving the CAD program.
Hearing no further public comments, the hearing was closed.
BOARD ACTION: Motion was made by Member Hockett and seconded by
Member Pilecki to
• Adopt proposed Resolution No. 2024-025 confirming compliance with
California Constitution, Article XIII D, Section 4;
• Adopt proposed Resolution No. 2024-026 approving the engineer's
report, assessments, financing period, and interest rate to be charged
on financed assessments and ordering improvements; and
• Authorize the General Manager to execute an agreement with Willow
Drive CAD No. 2022-2 participants
Motion passed by unanimous roll call vote of the Board Members present.
[4-0-1; Lauritzen absent.]
REPORTS AND ANNOUNCEMENTS
16. General Manager — Reports
a. Receive Annual Recycled Water Program Update
Associate Engineer Richard Foss reviewed the presentation included in the agenda
materials.
In response to a question from Member Pilecki regarding data on one of the slides in
the presentation, Mr. Foss responded that of the three reportable leaks identified,
one was a leak that exceeded 50, 000 gallons and two leaks exceeded 1, 000
gallons. None of the three leaks required further mitigation or follow-up.
BOARD ACTION: Received the report.
17. General Manager —Announcements
a. Announcements —August 15, 2024
No further announcements were made during the meeting.
September 5, 2024 Regular Board Meeting Agenda Packet - Page 15 of 66
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August 15, 2024 Regular Board Meeting Minutes - Book 72-Page 109
BOARD ACTION: Received the announcements.
18. Counsel for the District
District Counsel Joan Cox announced that at the request of staff, Item 23 Closed
Session — Labor Negotiations would be removed from the agenda.
She also announced an issuance of a Statement of Decision in the lawsuit Kappel
vs. Central Contra Costa Sanitary District. She explained that, like a jury verdict, a
Statement of Decision is issued by the Court and resolves factual issues in a lawsuit.
In this case, the judge ruled that plaintiffs failed to show that a public improvement
was a substantial cause of their injuries, which led the Court to grant judgment in
favor of Central Contra Costa Sanitary District on both inverse condemnation claims.
Because the District prevailed, it is entitled to award of cost, and District Counsel is
in the process of preparing that cost statement.
Ms. Cox recognized Member Pilecki as the "hero of the case" for his consistent and
thorough contribution to Central San's defense and read from the Statement of
Decision to substantiate his recognition as such.
Member Pilecki thanked Ms. Cox for the praise but opined that it was truly a team
effort with contributions from staff in multiple departments.
19. Secretary of the District
Ms. Young announced that the current Board Members who represent Districts 1, 3
and 4 are re-elected without an election as they ran unopposed. She further stated
that in District 5 there will be an election with two residents submitting their
candidacy. The election will take place on November 5, 2024. She confirmed that
both candidates attended the Central San Academy.
Ms. Young also announced the following upcoming Committee and Board meetings:
Real Estate, Environmental & Planning — Tuesday, August 20 at 8:30 a.m.
Finance — Tuesday, August 27 at 2:30 p.m.
Administration — Tuesday, September 3 at 8:30 a.m.
Engineering & Operations — Wednesday, September 4 at 8:30 a.m.
BOARD ACTION: Received the announcements.
20. Board Members - Committee Minutes
a. July 23, 2024 — Finance Committee — President Lauritzen and Member Pilecki
b. August 6, 2024 — Administration Committee — Chair McGill and Member Hockett
C. August 7, 2024 — Engineering & Operations Committee — Chair McGill and
Member Wedington
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August 15, 2024 Regular Board Meeting Minutes - Book 72-Page 110
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 Hockett
No report.
Member McGill
• August 5, 2024 — Contra Costa Special Districts Association (CCSDA)
Executive Committee Meeting
Member McGill also provided a written report covering his announcements
and other meetings.
Member Pilecki
Member Pilecki stated that the scheduled meeting of the Northern
California Sanitation Agencies (NCSA) Financing Authority Board
meeting of August 14, 2024 was canceled.
He attended the Clean Water Environment Association (CWEA)
training session that was conducted on August 14, 2024 at the
Collection System Operations (CSO) building in Walnut Creek.
Member Wedington
Member Wedington announced that she has received a summons for Jury
Duty and will notify the Secretary of the District and the Board of any impact
on upcoming meetings.
BOARD ACTION: Received the reports and announcements.
22. Board Members - Reauests for Stioend/Reimbursement or Conference Attendance
No requests.
EMERGENCY SITUATIONS
None.
REQUESTS FOR FUTURE AGENDA ITEMS
None.
ANNOUNCE CLOSED SESSION (pursuant to Government Code Section 54957.7
District Counsel Joan Cox announced a closed session for Items 24 and 25 will be held.
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August 15, 2024 Regular Board Meeting Minutes - Book 72-Page 111
RECESS TO CLOSED SESSION
The Board recessed at 3:20 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
• Philip Leiber, Deputy General Manager — Administration
• Greg Norby, Deputy General Manager — Engineering & Operations
• Teji O'Malley — Human Resources and Organizational Development Manager
Employee Organizations:
• Employees' Association, Public Employees Union, Local One
At the request of staff, Item 23 was removed from the agenda.
24. Conference with Legal Counsel — existing litigation pursuant to Government Code
Section 54956.9(d)(1);
• Kraber vs. Peyvan et al, C17-06145
25. Conference with Legal Counsel — Initiation of Litigation — pursuant to Government
Code Section 54956.9(c)
ADJOURNMENT
The meeting was adjourned at 4:38 p.m. to the Board meeting on September 5, 2024.
Michael R. McGill
President Pro Tern of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
Katie Young, CPMC, CIVIC
Secretary of the District
Central Contra Costa Sanitary District
County of Contra Costa, State of California
September 5, 2024 Regular Board Meeting Agenda Packet - Page 18 of 66