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HomeMy WebLinkAbout01.b. Approve minutes of regular meeting held 11-05-20 Page 1 of 10 Item 1.b. CENTRALSAN jdf A- hom CENTRAL CONTRA COSTA SANITARY DISTRICT November 19, 2020 TO: HONORABLE BOARD OF DIRECTORS FROM: KATIE YOUNG, SECRETARYOF THE DISTRICT SUBJECT: NOVEMBER 5, 2020 REGULAR BOARD MEETING MINUTES Attached are the draft minutes of the above Board meeting. ATTACHMENTS: 1. Draft Minutes of 11-05-20 Regular meeting November 19, 2020 Regular Board Meeting Agenda Packet- Page 14 of 152 Page 2 of 10 CENTRAL SAN CENTRAL •NTRA COSTA SANITARY DISTRICT 5019 • MINUTES* BOARD OF DIRECTORS: MICHAEL R.MCGILL President REGULAR BOARD MEETING TAD J PILECKI Board Room President Pro Tent Thursday, November 5, 2020 PAUL H.CAUSEY 1'30 p.m. JAMES A.NEJEDLY DAVID R. WILLIAMS DRAFT Open Session — Board Room (Video recorded) NOTICE In accordance with the Governor's Executive Order N-29-20, which suspended certain requirements of the Brown Act due to the ongoing COVID-19 pandemic, all Board Members participated in this meeting via teleconference. Members of the public were provided options to participate in the meeting as provided on the agenda. ROLL CALL A regular meeting of the Board of Directors was called to order by President McGill at 1:30 p.m. Secretary of the District Katie Young called roll: PRESENT(via videoconference): Members: Causey, Nejedly, Pilecki, Williams, McGill (Member Causey joined the meeting during the moment of silence for essential workers.) ABSENT. Members: None MOMENT OF SILENCE FOR ESSENTIAL WORKERS President McGill called for a moment of silence in honor of all essential workers during the COVID-19 pandemic. Member Williams dedicated the moment of silence to all the people who are suffering through COVID-19. These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. November 19, 2020 Regular Board Meeting Agenda Packet- Page 15 of 152 Page 3 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT November 5, 2020 Board Meeting Minutes -Page 2 PUBLIC COMMENT PERIOD No comments. REQUESTS TO CONSIDER MATTERS OUT OF ORDER None. CONSENT CALENDAR 1. Approve the following: a. October 14, 2020 Special Board meeting minutes b. October 15, 2020 Regular Board meeting minutes 2. Receive August 2020 Budget-to-Actual Financial Overview 3. Adopt Resolution No. 2020-049 authorizing execution of a real property agreement for the property located at 0 Livorna Road in Alamo, and authorizing staff to record documents with the Contra Costa County Recorder 4. Adopt Resolution No. 2020-050 authorizing execution of a real property agreement for the property located at 40 Mariposa Lane in Orinda, and authorizing staff to record documents with the Contra Costa County Recorder 5. Adopt Resolution No. 2020-051 authorizing execution of an amendment to an existing sanitary sewer easement in the City of Lafayette, related to Job 6606, and authorizing staff to record documents with the Contra Costa County Recorder BOARD ACTION: Motion was made by Member Williams and seconded by Member Causey to adopt the Consent Calendar as recommended. Motion passed by unanimous roll call vote. PUBLIC HEARINGS 6. Conduct a public hearing to consider awarding a Power Purchase Agreement to REC Solar Commercial Corporation, find that the Power Purchase Agreement is exempt from CEQA, and authorize the General Manager to execute a Power Purchase Agreement with REC Solar Commercial Corporation for a solar photovoltaic system on Central San's Lagiss Property Resource Recovery Program Manager Melody LaBella and consultant Russell Driver of ARC Alternatives reviewed the presentation included with the agenda material. November 19, 2020 Regular Board Meeting Agenda Packet- Page 16 of 152 Page 4 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT November 5, 2020 Board Meeting Minutes-Page 3 In response to a question from Member Williams, Mr. Driver stated that the timeframe for the code requirement regarding cost savings is specifically set as the useful life of the equipment. There was a lengthy discussion and Mr. Driver responded to multiple questions from the Board Members. Mr. Driver explained the evaluation process and held a discussion regarding a letter received from another bidder, ENGIE. It was noted that REC Solar had a better proposal among all of the dimensions, and ENGIE although one of the lower bidders, REC Solar proposed an implementation and schedule strategy that resulted in the lowest financial risk to Central San. Member Causey inquired if the Real Estate, Environmental, and Planning (REEP) Committee reviewed the agreement. Member Pilecki responded no. In Member Causey's opinion, staff had done a great job, but for a proposal on a 25-year project, he believed the Board should take a closer look at the agreement. Member Williams suggested getting a comparative list of terms of agreements from other agencies in the industry. Ms. LaBella responded that District Counsel Kent Alm, staff and Mr. Driver reviewed the Power Purchase Agreement (PPA) line-by-line together and thoroughly vetted the document. A lengthy discussion continued on the agreement. Member Pilecki asked if the Board could approve the agreement with a conditional authorization to move forward after comparing terms for similar agreements at other agencies in the industry. Mr. Alm stated that was possible but there would not be a signed agreement at that point. In response to a question from Member Pilecki regarding delaying the project to review the agreement, Mr. Driver stated that the timeline is tied to the timing of tax credits and safe harbor panels. The intent of approving the project today was to get an agreement in place by the end of the year to be eligible for a higher tax credit. Ms. LaBella added that another concern with a delay would be the PG&E interconnection schedule, which is the longest lead item on the critical path of the project. President McGill opened the public hearing. Ms. Young read two public comments for the record that she had received prior to the meeting from Scott Therien, Project Development Manager for REC Solar, and Kelly Ferguson of ENGIE. There being no further public comment, President McGill closed the public hearing. There was a discussion regarding addressing public comments and reading them into the record. Mr. Bailey stated that such a discussion could be agendized for another time. November 19, 2020 Regular Board Meeting Agenda Packet- Page 17 of 152 Page 5 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT November 5, 2020 Board Meeting Minutes -Page 4 Member Causey agreed with Member Williams'suggestion of obtaining a comparative list of important terms of an agreement and suggested hiring a special power purchase agreement attorney. Despite his concerns, Member Causey said he was excited by this project and happy for the District but wanted to assure it was the very best deal. Member Pilecki reiterated that one of the most important reasons for doing the solar project was not so much saving money, but to recognize that solar is a clean energy source and beneficial to the climate issue. He said that was a key factor in his opinion for pursuing this project. Member Pilecki said a compromise on reviewing the agreement could be to authorize the General Manager to execute the agreement with REC Solar subject to a cursory check of other agencies conducted by the General Manager. President McGill stated that he trusted the General Manager to run the District and was prepared to support the staff recommendation on all three items. President McGill moved and Member Causey seconded the staff recommendation; however, Member Causey requested an amendment to the motion to include the General Manager completing an evaluation of the agreement prior to execution. President McGill amended his motion to include such an evaluation. BOARD ACTION: Conducted public hearing. Upon motion made by President McGill and seconded by Member Causey, found that the Power Purchase Agreement (PPA) is exempt from the California Environmental Quality Act (CEQA) and authorized the General Manager, after an internal evaluation comparing terms of similar solar PPAs at other agencies, to execute a PPA with REC Solar Commercial Corporation for a solar photovoltaic system on Central San's Lagiss Property. Motion passed by the following roll call vote: AYES: Members: Causey Pilecki, Williams, McGill NOES: Members: Nejedly Member Pilecki recognized Member Causey for his determination since joining the Board to urge his fellow Board Members to be more cognizant of renewable energy resources, including this solar project. Member Williams requested staff provide him the information he requested on the projected savings expressed in net-present value, believing it would be more meaningful with regard to the financial advantages of the agreement. Member Causey requested the information as well. November 19, 2020 Regular Board Meeting Agenda Packet- Page 18 of 152 Page 6 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT November 5, 2020 Board Meeting Minutes -Page 5 COVID-19 PANDEMIC RESPONSE 7. Receive update on Central San's response regarding the Coronavirus (COVID-19) pandemic Communications and Intergovernmental Relations Manager Emily Barnett reviewed the presentation distributed prior to the meeting. In response to a question from Member Pilecki, Ms. Barnett stated that no Central San employees have tested positive for COVID-19 in recent months and that staff has done a tremendous job following the procedures and safety protocols. BOARD ACTION: Received the update. OTHER BOARD ACTION ITEMS 8. Approve expenditures incurred September 1 through October 2, 2020 Member Causey recused himself from voting on this item because he has consulted for a recipient of one or more checks on the expenditures list on matters unrelated to Central San. He left the videoconference. President McGill called for a motion on the item. BOARD ACTION: Motion was made by Member Nejedly and seconded by Member Pilecki to approve the expenditures as recommended. Motion passed by unanimous roll call vote of the Board Members present. [4-0-1; Causey absent.] Member Causey rejoined the videoconference. 9. Approve a two-year extension of the existing contract with the District's labor and employment related counsel, Hanson Bridgett LLP, through December 31, 2022 Member Causey suggested the Board look closely at legal services in coordination with District Counsel services so that the District has the best possible coverage. In response to a question regarding the hourly rate for Mr. Clinton's replacement, Human Resources and Organizational Development Manager Teji O'Malley advised that the listed amount is the standard rate for a principal counsel at that firm. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Williams to approve a two-year extension of the existing contract with Hanson Bridget LLP, through December 31, 2022. Motion passed by the following roll call vote: AYES: Members: Causey Pilecki, Williams, McGill NOES: Members: Nejedly November 19, 2020 Regular Board Meeting Agenda Packet- Page 19 of 152 Page 7 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT November 5, 2020 Board Meeting Minutes -Page 6 REPORTS AND ANNOUNCEMENTS 10. General Manager— Reports a. Receive update on 2015 Information Technology (IT) Master Plan and preview of focus areas for developing a new IT Master Plan Information Technology Manager John Huie reviewed the presentation included with the agenda material. President McGill suggested tabling this item until the new Board Members are seated. In response to a question regarding tabling the item, Mr. Alm stated that the Board could advise the General Manager when they would like to table the item to. Member Williams made a motion to table the item to a future meeting, Member Causey seconded the motion. Member Pilecki expressed his concern that the current Board has a good idea and understanding with respects to the IT situation and where the District wants to go and should the Board table until the two new members are on the Board, it may not be the best interest of the District. President McGill advised that the Administration Committee received this presentation, stating that it was a very well contained presentation, opining that the new Board Members will not be at a disadvantage. Member Pilecki requested only postponing the item to the next Board meeting. Member Williams amended his motion to table the item until the November 17 meeting and Member Causey agreed. BOARD ACTION: Motion was made by Member Williams and seconded by Member Causey to table Item 10.a. to the November 19, 2020 Board Meeting. Motion passed by unanimous roll call vote. The Board took a five-minute recess and reconvened at 3:50 p.m. b. Receive Fiscal Year 2019-20 Risk Management Annual Report Risk Administrator Shari Deutsch reviewed the presentation included with the agenda material. BOARD ACTION: Received the report. November 19, 2020 Regular Board Meeting Agenda Packet- Page 20 of 152 Page 8 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT November 5, 2020 Board Meeting Minutes-Page 7 11. General Manager—Announcements a. Announcements — November 5, 2020 1) Contra Costa Local Agency Formation Commission (LAFCO) approves Magee Preserve Boundary Reorganization in Danville 2) Annual Notices sent to Reimbursement Account Holders No further announcements were made during the meeting. BOARD ACTION: Received the announcements. 12. Counsel for the District - No report. 13. Secretary of the District Ms. Young announced the following upcoming Committee meetings: Administration — Tuesday, November 17 at 8:30 a.m. Finance— Tuesday, November 17 at 1:00 p.m. She also announced the following Special Board Meetings: Special Board Meeting (Public Hearing No. 5 regarding the transition to division- based elections) — Monday, November 16 at 3:30 p.m. and, if needed, Public Hearing No. 6 at 4:00 p.m. on Tuesday, November 17. Member Causey advised that there is a possibility that the Finance Committee on November 17 may have to be changed due to a conflict. 14. Board Members — Committee Minutes a. October 12, 2020 — Real Estate, Environmental & Planning Committee — Chair Pilecki and President McGill • Member Pilecki advised that the REEP Committee has added a Consent Calendar to the agenda in order to address various documents that deal with real property agreements, etc. He noted that because the Committee does not have an in-depth knowledge and they are more ministerial actions, the Committee thought it best to have them on a Consent Calendar. • Member Pilecki requested an amendment to the REEP minutes regarding Item 5.d., stating that the language was confusing. He stated that the intent was that the District keep the proposed Septic-to-Sewer Financing Program separate from the private sewer lateral policy discussion. November 19, 2020 Regular Board Meeting Agenda Packet- Page 21 of 152 Page 9 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT November 5, 2020 Board Meeting Minutes-Page 8 b. October 13, 2020 — Engineering & Operations Committee — Chair Nejedly and Member Pilecki C. October 20, 2020 —Administration Committee — Chair Williams and President McGill d. October 20, 2020 — Finance Committee — Chair Causey and Member Nejedly BOARD ACTION: Received the Committee minutes. 15. 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 Causey— None. Member Neiedly— None. Member Pilecki — None. Member Williams — None. President McGill President McGill provided a written report covering his announcements and other meetings. President McGill, as Board Liaison to the City of Pleasant Hill, also highlighted and read an email from the City Manager expressing appreciation for staffs efforts in helping them complete their library renovation project. BOARD ACTION: Received the reports and announcements. 16. Board Members - Requests for Stipend/Reimbursement or Conference Attendance Authorization to receive a stipend for meeting attendance or expense reimbursement not specifically addressed in the current Board Compensation Resolution, or authorization for conference attendance not previously approved by the Board. No requests. EMERGENCY SITUATIONS None. REQUESTS FOR FUTURE AGENDA ITEMS Member Causey suggested that the Board take a coordinated approach when evaluating future District Counsel legal services and labor and employment-related legal services in order to receive the best value. November 19, 2020 Regular Board Meeting Agenda Packet- Page 22 of 152 Page 10 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT November 5, 2020 Board Meeting Minutes-Page 9 ADJOURNMENT The meeting was adjourned at 4:06 p.m. Michael R. McGill, P.E. 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 November 19, 2020 Regular Board Meeting Agenda Packet- Page 23 of 152