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HomeMy WebLinkAboutBOARD MINUTES 07-01-21 CENTRAL SAN CONTRACENTRAL • IMHOFF PLACE, MARTINEZ, CA 9A553-A392 MINUTES* BOARD OF DIRECTORS.- TAD J PILECKI President REGULAR BOARD MEETING DAVID R. WILLIAMS Multi-Purpose Room Presiden t Pro Tent Thursday, July 1, 2021 BARBARA D.HOCKETT 1:30m. MARIAHN LAURITZEN p' MICHAEL R.MCGHL Open Session — Multi-Purpose 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 Pilecki at 1:30 p.m. Secretary of the District Katie Young called roll: PRESENT(via videoconference): Members: Hockett, Lauritzen, McGill, Williams, Pilecki ABSENT: Members. None PLEDGE OF ALLEGIANCE Ms. Young recited the Pledge of Allegiance. PUBLIC COMMENT PERIOD No comments. These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. Book 69— Page 132 CENTRAL CONTRA COSTA SANITARY DISTRICT July 1, 2021 Board Meeting Minutes— Book 69-Page 133 REQUESTS TO CONSIDER MATTERS OUT OF ORDER President Pilecki stated a number of items would be heard out of order upon conclusion of the public hearing as follows: Item 10, Item 8, Item 12, Items 9 and 11, then conclude with the balance of the agenda order. CONSENT CALENDAR 1. Approve the following: a. June 17, 2021 Regular Board meeting minutes 2. Approve expenditures incurred May 27, 2021 through June 10, 2021 3. Receive April 2021 Budget-to-Actual Financial Overview 4. Adopt Resolution 2021-030 adopting the amended and restated Central San Deferred Compensation Plan using the ICMA-RC's model 457 Plan and Trust document and discontinue maintaining the Plan document in-house 5. Adopt Resolution No. 2021-031 accepting a Grant of Easement at 1011 Harbor View Drive, Martinez, related to District Project 8458, and authorizing staff to record the documents with the Contra Costa County Recorder 6. Adopt Resolution No. 2021-032 authorizing execution of a real property agreement for property located at 599 Blackhawk Club Drive, Danville, and authorizing staff to record the documents with the Contra Costa County Recorder BOARD ACTION: Motion was made by Member McGill and seconded by Member Williams to adopt the Consent Calendar as recommended. Motion passed by unanimous roll call vote. PUBLIC HEARINGS 7. Conduct a public hearing to consider approval of the Cordell Drive West Contractual Assessment District (CAD) No. 2021-1 in Danville, District Project 6727; adopt Resolution No. 2021-033 confirming compliance with California Constitution, Article XIIID, Section 4 (Proposition 218) and Resolution No. 2021-034 approving the Engineer's Report, assessments, and interest rate to be charged on financed assessments; ordering improvement; and authorize the General Manager to execute an agreement with Cordell Drive West CAD No. 2021-1 participants Engineering Assistant 111 Russell Leavitt reviewed the presentation included with the agenda material. He noted the pilot Septic-to-Sewer (S2S) financing program was available to assist participants with costs not covered by the CAD financing program. District Counsel Kenton L. Alm asked Mr. Leavitt to clarify the number of participants as six of the nine parcels that have signed up for this particular project. Mr. Leavitt CENTRAL CONTRA COSTA SANITARY DISTRICT July 1, 2021 Board Meeting Minutes— Book 69-Page 134 confirmed six properties have joined and, in order to keep the cost down for those six properties that chose to participate now, one homeowner offered to cover the cost of the remaining three non-participant properties. Should the other three properties join later, that one homeowner would be reimbursed accordingly. The project is considered fully subscribed. The Board had no questions. President Pilecki opened the public hearing and, there being no public comment, the hearing was immediately closed. BOARD ACTION: Conducted the public hearing. Motion was made by Member Hockett and seconded by Member Lauritzen to approve the Cordell Drive West CAD No. 2021-1 in Danville; adopt the proposed resolutions; and authorize the General Manager to execute an agreement with the CAD participants. Motion passed by unanimous roll call vote. Upon conclusion of this item, President Pilecki moved to Item 10. HEARINGS 8. Conduct a hearing to consider appeal of a staff decision that Capacity Fees and an annual Sewer Service Charge are owed for a proposed project at 115 Poshard Street in Pleasant Hill This item was heard upon the conclusion of Item 10 concerning Accessory Dwelling Unit (ADU) determinations, which was part of this hearing's subject matter. Senior Engineer Thomas Brightbill stated staff had a verbal update of the appeal status and staff recommendation, and announced that the property owner, Sean Mullen, was in attendance via telephone. He thanked Mr. Mullen for his patience through the long process to get here today. Since this agenda posting, Mr. Brightbill stated the staff recommendation had changed. Staff recommended the Board grant the appeal contingent on the recording of a deed restriction. Mr. Brightbill opined this alternative is a reasonable solution which allows the applicant to construct his project. Moreover, he noted the use of deed restrictions is new ground for staff and provides a means to deal with the current use of the proposed structure as well as any potential change of use in the future; this was a good option for the District and ratepayers. He added that the language provided by the City of Pleasant Hill and the proposed language for Mr. Mullen's project provides flexibility for the current and potential new homeowner in the future. Mr. Mullen thanked the Board for considering his appeal. He also thanked staff that have been helpful and professional throughout the entire process of nearly three months. Mr. Mullen stated he was comfortable with the idea of signing the deed restriction for this project and concurred it was a reasonable and great solution. CENTRAL CONTRA COSTA SANITARY DISTRICT July 1, 2021 Board Meeting Minutes— Book 69-Page 135 President Pilecki thanked Mr. Mullen for his comments. BOARD ACTION: Conducted the appeal hearing. Motion was made by Member McGill and seconded by Member Williams to grant the appeal and determine that the proposed structure does not meet the criteria for an additional dwelling unit subject to recording a deed restriction, thereby exempting it from capacity fees and annual Sewer Service Charges. Motion passed by unanimous roll call vote. Upon conclusion of the appeal hearing, President Pilecki moved to Item 12. COVID-19 PANDEMIC RESPONSE 9. Receive update on Central San's response regarding the Coronavirus (COVID-19) pandemic Communication Services and Intergovernmental Relations Manager Emily Barnett provided a brief overview of the information provided in advance of the meeting. BOARD ACTION: Received the update. Item 11 was heard as the next order of business. OTHER BOARD ACTION ITEMS 10. Receive overview on Accessory Dwelling Units (ADUs) including 2020 legislation protocol; consider the relevance of deed restrictions placed upon a property for ADU determination and provide direction to staff as applicable This item was heard upon conclusion of Item 7 in order to provide information relevant to the appeal hearing to be considered in Item 8. Planning and Development Services Division Manager Danea Gemmell provided a comprehensive explanation of the subject matter and presentation included with the agenda materials. ADUs have been used as an affordable housing alternative, especially in today's economy and housing crisis; various legislative findings have taken place to address this matter. She noted Permit Counter staff has seen a trending increase in applications, notably during the pandemic, from residents wanting to add an ADU on their property. Staff has had to interpret, in coordination with legal counsel review, ADU legislation to determine a dwellings purpose related to Sewer Service Charge (SSC) and capacity fee requirements. She reviewed the criteria staff uses to determine the complexities around ADU determination and subsequent fees that would be owed. Ms. Gemmell noted that the District is in the third of a four-year capacity fee structure. A new cost of service study will be undertaken next year for future years. Staff intends to take an in-depth review of SSC and capacity charges for ADUs to CENTRAL CONTRA COSTA SANITARY DISTRICT July 1, 2021 Board Meeting Minutes— Book 69-Page 136 determine if another structure is warranted. The study will be presented to the Board at the appropriate time in the future. She stated staff is also looking at defining project features to see whether it meets ADU criteria. One debatable topic is intent of use, which can change over time. The structure may start as one function and change to another that falls within the criteria used to determine ADU classification. As such, staff is considering the use of deed restrictions as a factor to determine the structure's functionality, whether to determine as an accessory structure (i.e., a shed) versus a habitable ADU. The Board's guidance was sought in this regard and Ms. Gemmell responded to questions posed by the Board. In reply to an inquiry by Member Lauritzen, she stated a deed restriction could be removed within days at the request of the property owner, if needed. Member McGill offered his experience with deed restrictions and the many options it could provide. The restriction would show on a title report for a potential new buyer, ensures an agency is notified of a title transfer, and could include a financial impact if violated. Member Williams agreed it would be a rational way to handle certain situations as a title transfer would make the restriction known up front. President Pilecki opined staff had not given enough enlightenment of how challenging the process can be for both sides. He stated a deed restriction was a good idea to avert the point of conflict and concurred with Member McGill's comment about the use of violation impact language to protect the District for change of use. He suggested protection management, such as a right to inspect reservation, and, in cases of violation, the restriction provide up to three years of SSC and capacity fees recovery. Member Hockett inquired about the City of Pleasant Hill's restriction placed as part of the appeal matter to be heard (Item 8) and asked how Central San would be made aware of any change to seek collection of any fees owed. Ms. Gemmell stated the City will record the deed restriction for their need, and it had declined Central San being added to that particular deed restriction. The District would seek a second deed restriction for its purpose on that matter. Following further discussion, Member McGill recommended the District do its own deed restrictions and not combine with another agency. He suggested District Counsel could draft language for financial penalty if something changed in the future, via deed restriction or code change as necessary. Member Lauritzen was opposed to deed restrictions as it relates to the state's housing crisis and opined it seemed immoral to restrict the use of a property that could include an ADU and create work for staff to enforce and inspect. She added the only reason it should be considered is so a structure could be built. CENTRAL CONTRA COSTA SANITARY DISTRICT July 1, 2021 Board Meeting Minutes— Book 69-Page 137 Member Williams stated his support for the restriction usage concept with some form of written enforcement. It is a difficult situation, but he thought it was a good option for the time being. Member McGill made a motion in support of Alternative 1: consider the use of deed restrictions as an ADU determination tool and provide authority to staff to utilize and record the deed restriction as necessary, and to craft language with District Counsel to include financial penalties as needed and determined by staff. Member Williams seconded the motion. Member Hockett expressed concern that the District could be viewed as being prematurely punitive. In response to Member Lauritzen's inquiry if deed restrictions could expire or be permanent, Mr. Alm replied it could expire. A term and conditions could be filed or removed as applicable; and in order to clear a property title, a deed restriction would have to be removed, which is not a great undertaking to complete. With no further discussion, Ms. Young conducted a roll call vote on the motion. BOARD ACTION: Received and considered the information presented. Motion was made by Member McGill and seconded by Member Williams to consider the use of deed restrictions as a ADU determination tool and provide authority to staff to utilize and record the deed restriction as necessary and to craft financial penalties language with the advisement of legal counsel. Motion passed (3-2) by the following roll call vote: AYES: Members: McGill, Williams, Pilecki NOES: Members: Hockett, Lauritzen President Pilecki stated in the rapidly changing environment, it would be beneficial to revisit this subject in one year to ensure nothing adversarial has occurred. Ms. Gemmell stated she would provide an update to the Board at such time. Upon conclusion, President Pilecki moved to Item 8 to address an appeal hearing. 11 . Hold discussion and provide direction to staff on the manner to conduct upcoming Board and Standing Committee meetings until such time an action is taken to rescind the Governor's order that allowed for virtual meetings; and/or to receive an update of any action which may have occurred after this agenda posting General Manager Roger S. Bailey stated this item was provided as a means for the Board to discuss and provide direction to staff on its preference to conduct upcoming meetings until such time Executive Orders dictate otherwise and virtual meetings are prohibited (currently to sunset September 30). As it pertains to staff and recent orders by the Governor, he announced the Permit Counter would reopen for in-person service within the next few weeks, after necessary steps are in place. Staff will also bring forth an item for the Board, by way CENTRAL CONTRA COSTA SANITARY DISTRICT July 1, 2021 Board Meeting Minutes—Book 69-Page 138 of the Administration Committee, to bring employees back on campus. However, today's discussion was to focus on Board related meetings. Mr. Alm clarified for Member McGill that the Governor issued a series of orders and thus far had not changed the use of virtual meetings, except that such meetings would expire at the end of September, unless further action is taken to extend the emergency declaration. There may be some legislation in the future to allow virtual type meetings permanently; however, one legislative action has already failed. Ms. Barnett concurred with Mr. Alm's statement and noted many agencies are also interested in this directive but they plan to return fully in-person by the September sunset as relief was likely not to occur in this legislative session. The Board Members individually expressed their preferences and opinions on the subject and some debate ensued on the manner to proceed, the impacts, virtual technical issues, and the effectiveness of the Board and meetings during the stay-at- home orders. A majority of the Board favored a return to in-person meetings as quickly as possible for reasons of effectiveness, better communication, Board team development, efficiencies, and the importance of face-to-face interaction. Member Lauritzen opined the Board has been effective in the virtual setting and did not think any decisions made by the Board would have differed in person. She added she is the most impacted as she works outside the county but is committed to her role and noted there are benefits for the Board to not limit itself in the tools used. President Pilecki discussed the ineffectiveness and cumbersome burden virtual meetings have posed, which has made some of the process longer. Some agenda items have been pulled or rescheduled to future meetings out of concern of a meeting's length. He opined the Board is lacking a cohesiveness that can develop and be attained by in-person interaction. The virtual meetings were a stop gap measure that was a necessity, but not very effective. Ms. Young reviewed a survey conducted of other agencies and noted a majority of those polled were looking to return to in-person in the near future or at least by the end of September. Discussion followed on a hybrid meeting format and any quorum requirement. President Pilecki reiterated the September 30 sunset and that after wards, off-site participation would require Brown Act posting requirements and District policy standards. Member Lauritzen made a motion for a hybrid approach model, Member McGill seconded the motion. Further discussion followed. Mr. Alm clarified a hybrid approach would allow some or all in-person and others by virtual means. CENTRAL CONTRA COSTA SANITARY DISTRICT July 1, 2021 Board Meeting Minutes— Book 69-Page 139 Member Williams asked to revise the motion for when the hybrid method use would cease. Mr. Alm stated as of today, it would be September 30. Member Williams stated he would not be in support to extend this deadline if allowed to do so. Discussion continued on the manner of virtual participation. Member Lauritzen amended her initial motion to continue remotely until the Governor's order expires. She also asked for a review on the option once the order does expire. In reply to Member McGill's inquiry of timing, President Pilecki stated it would begin with the next scheduled Board meeting. Ms. Young clarified that until the September sunset, the District must provide a virtual option. Mr. Alm clarified that under the rules until the sunset deadline, for example, should the majority of the Board meet in person and one or two virtually, it can occur one way or another. He stated he would ensure no other conditions must be met, but a hybrid approach could be used. BOARD ACTION: Motion was made by Member Lauritzen and seconded by President Pilecki to conduct upcoming Board and Standing Committee meetings under a hybrid meeting format (in-person and virtual participation), until such time Executive Orders dictate otherwise. Motion passed by unanimous roll call vote. President Pilecki moved to Item 13 as the next order of business. 12. Receive update on California Voting Rights Act (CVRA) process establishing new division boundaries based on the 2020 Census results and hold discussion to provide direction to staff as required Mr. Bailey stated the current Board will receive a presentation on next steps needed for the District's commitment to move to election by division. In November 2020, the Board voted to move the process forward for division-based elections and approved an initial division boundary map with data available at that time. Those boundaries now need to be reviewed to ensure they are consistent with the 2020 Census data. He noted the presentation would highlight the tight schedules being faced to have the process completed by the November 1, 2021 required deadline for next year's election season. Mr. Alm announced a closed session (Item 22) was provided as a backup in case questions came up that both counsels felt would be more appropriate in a closed session setting. Special Counsel Marguerite Leoni reviewed the presentation provided in the agenda materials. She discussed the political events that have limited the ability and attempts to get relief on the required deadline at the state level with the delayed delivery of census data. State Bill (SB) 594 to assist special districts with the CENTRAL CONTRA COSTA SANITARY DISTRICT July 1, 2021 Board Meeting Minutes— Book 69-Page 140 redistricting plans had not moved through. The delivery of the 2020 Census data has been delayed twice due to the pandemic, which impacts the timeframe to complete the process dramatically. The 2020 Census legacy data is expected by mid-August, which the State of California is capable of using in the interim and would be in the same final format; thus, the legacy data can be used for redistricting purposes. Ms. Leoni highlighted the Health and Safety Code requires boundaries before November 1 and reviewed the proposed timeline actions. Although there is less time to set the boundaries with the data, the District can build upon the base it started last fall. For the next phase, two public hearings are the minimum requirement. It was proposed to conduct four meetings, which include three public hearings to encourage more public participation. The fourth Board meeting would be to reach the ultimate decision to select and adopt the preferred boundary map. Staff would be responsible for extensive outreach as done last year. President Pilecki asked Ms. Barnett for an update on SB 594. She stated that although the bill is not dead, it is parked in the Assembly Rules Committee, and noted other districts are also impacted, especially as it pertains requiring redistricting by November 1. She stated even if the bill were to move forward, it would not reach the Governor for signature prior to the August legislative recess. The likelihood of the bill moving forward which would provide relief to the District on the delayed census data is less than 5%; however, the District is positioned well with its actions already taken thus far to proceed with the redistricting effort laid out by Ms. Leoni. Mr. Bailey stated the Board has the authority to determine what is doable and follow the proposed path to conduct public hearings and draw boundaries in the existing deadline. If that is the direction, he recommended to proceed with the outline presented by Ms. Leoni. BOARD ACTION: Received information presented by Special Counsel. Motion was made by Member Hockett and seconded by Member McGill to move forward with the proposed schedule presented by Special Counsel to be completed by November 1. Motion passed by unanimous roll call vote. At this point, the agenda reverted back to Item 9. LEGISLATIVE MATTERS 13. Receive update on pending legislative matters and provide direction on priority legislation Ms. Barnett noted that more information would be forthcoming regarding recently passed legislation (SB 129) that includes special districts to receive COVID-19 relief funding. Member McGill inquired what would be eligible items of reimbursement, Ms. Barnett stated the details are broad at this time and would soon be refined by the Department of Finance in conjunction with the California Special Districts CENTRAL CONTRA COSTA SANITARY DISTRICT July 1, 2021 Board Meeting Minutes— Book 69-Page 141 Association (CSDA) by September 1 and that a proportionate share of funds would be provided to eligible agencies. BOARD ACTION: Received the update. REPORTS AND ANNOUNCEMENTS 14. General Manager— Reports a. Receive Optimizations Program Annual Report for Fiscal Year 2019-20 BOARD ACTION: None. Due to time constraints, this item will be heard at a future Board meeting. 15. General Manager—Announcements a. Announcements — July 1, 2021 No further announcements were made during the meeting. President Pilecki noted the announcement pertaining to the successful renewal of excess general liability insurance for the upcoming fiscal year was a favorable result. BOARD ACTION: Received the announcements. 16. Counsel for the District a. Report out on Board action taken during Closed Session at June 17, 2021 Regular Board Meeting Mr. Alm stated no reportable action occurred at the June 17 meeting. BOARD ACTION: Received the report. 17. Secretary of the District Ms. Young made the following announcements: • Administration Committee scheduled for Tuesday, July 6 at 9:00 a.m. • She would be out of the office July 6 through July 12. BOARD ACTION: Received the announcements. CENTRAL CONTRA COSTA SANITARY DISTRICT July 1, 2021 Board Meeting Minutes— Book 69-Page 142 18. Board Members — Committee Minutes a. June 14, 2021 — Real Estate, Environmental & Planning Committee — Chair McGill and Member Hockett b. June 22, 2021 — Engineering & Operations Committee — Chair Williams and Member Lauritzen C. June 22, 2021 — Finance Committee — Chair Pilecki and Member McGill BOARD ACTION: Received the Committee minutes. 19. 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 Lauritzen — No report. Member McGill — Member McGill provided a written report covering his announcements and other meetings. Member Williams — On June 29, Member Williams virtually participated in the Refinery Recycled Water Exchange (Water Exchange) Liaison Committee meeting that consists of members from Central San, Contra Costa Water District, and Santa Clara Valley Water District. The main discussion centered around the presentation provided on June 17 to this Board. The three-agency committee Memorandum of Understanding (MOU) was set to expire on June 30, 2021; consensus was to extend the MOU and continue with the project. Lastly, at an appropriate time in the future, the three agencies plan to approach the US Bureau of Reclamation to revisit and discuss the Water Exchange project. President Pilecki — No report. BOARD ACTION: Received the reports and announcements. 20. 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. CENTRAL CONTRA COSTA SANITARY DISTRICT July 1, 2021 Board Meeting Minutes— Book 69-Page 143 REQUESTS FOR FUTURE AGENDA ITEMS None. ANNOUNCE CLOSED SESSION (pursuant to Government Code Section 54957.7) Mr. Alm announced that a closed session would be held for Items 21 and 23, with Item 23 heard first. He noted earlier that Item 22 was to provide a means to discuss matters related to the CVRA update if the need arose; therefore, would not be heard. RECESS TO CLOSED SESSION The Board recessed at 3:45 p.m. to reconvene in closed session. Closed Session (Not video recorded) CLOSED SESSION 21. Conference with labor negotiators pursuant to Government Code Section 54957.6: District Negotiators: • Roger S. Bailey, General Manager • Kenton L. Alm, Esq., District Counsel • Molly Kaban, Esq., Hanson Bridgett • Teji O'Malley, Human Resources and Organizational Development Manager Employee Organizations: • Employees' Association, Public Employees Union, Local One • Management Support/Confidential Group (MS/CG) • Management Group 22. Conference with Legal Counsel - Anticipated Litigation - exposure to litigation pursuant to Government Code Section 54956.9(d)(2): • One Potential Case - Southwest Voter Registration Education Project This matter was not heard. 23. Personnel matters pursuant to Government Code Section 54957(b)(1) - Performance Evaluations for following members of Executive Management Team: General Manager, Secretary of the District, and District Counsel RECESS TO OPEN SESSION The Board recessed at 5:14 p.m. to reconvene in open session. CENTRAL CONTRA COSTA SANITARY DISTRICT July 1, 2021 Board Meeting Minutes— Book 69-Page 144 REPORT OUT OF CLOSED SESSION None. ADJOURNMENT The meeting was adjourned at 5:15 p.m. Tad J. Pilecki President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: c q6" Katie Young Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California