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HomeMy WebLinkAboutBOARD MINUTES 06-02-22 CENTRAL SAN CONTRACENTRAL • IMHOFF PLACE, MARTINEZ, CA 9A553-A392 MINUTES* BOARD OF DIRECTORS: DAVID R. WILLIAMS President REGULAR BOARD MEETING BARBARA D.HOCKETT Multi-Purpose Room President Pro Tent Thursday, June 2, 2022 MARIAHN LAURITZEN 2:30 p.m. M>cHTA�JPiEcKI Open Session (Video recorded) NOTICE This meeting was held virtually pursuant findings made by the Board of Directors on May 5, 2022, under Assembly Bill (AB) 361 related to the ongoing COVID-19 pandemic. The agenda provided options in which members of the public could participate. ROLL CALL A regular meeting of the Board of Directors was called to order by President Williams at 2.30 p.m. Secretary of the District Katie Young called roll: PRESENT: Members. Hockett, Lauritzen, McGill, Pilecki, Williams ABSENT: Members: None PLEDGE OF ALLEGIANCE Ms. Young recited the Pledge of Allegiance. PUBLIC COMMENT PERIOD No comments. REQUESTS TO CONSIDER MATTERS OUT OF ORDER None. These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. Book 70— Page 98 CENTRAL CONTRA COSTA SANITARY DISTRICT June 2, 2022 Board Meeting Minutes—Book 70-Page 99 CONSENT CALENDAR 1. Approve expenditures incurred March 11, 2022 through April 7, 2022 2. Receive Quarterly Financial Review for quarter ending March 31, 2022 3. Receive Financial Overview through the month of April 2022 4. Adopt Resolution No. 2022-027 accepting irrevocable offers of dedication for sanitary sewer easements from Davidon Homes related to Job 6729 in Pleasant Hill, and authorizing staff to record the resolution with the Contra Costa County Recorder 5. Adopt Resolution No. 2022-028 accepting an irrevocable offer of dedication for sanitary sewer easements from River Lane LLC related to Job 6735 in Danville, and authorizing staff to record the resolution with the Contra Costa County Recorder 6. Adopt Resolution No. 2022-029 accepting an irrevocable offer of dedication for sanitary sewer easements from Warmington WC Associates, LLC related to Job No. 6714 in Walnut Creek, and authorizing staff to record the resolution with the Contra Costa County Recorder 7. Adopt Resolution No. 2022-030 authorizing execution of a Real Property Agreement for property located at 1024 and 1026 Grayson Road in unincorporated Pleasant Hill, and authorizing staff to record the documents with the Contra Costa County Recorder 8. Authorize the General Manager to execute two professional consulting services agreements with: 1) Yorke Engineering, LLC., in an amount not to exceed $780,000 and 2) GHD, Inc., in an amount not to exceed $500,000, each for a five-year period to provide as-needed air quality compliance, greenhouse gas, and health risk assessment services; and find the agreements are exempt from the California Environmental Quality Act BOARD ACTION: Motion was made by Member Pilecki and seconded by Member McGill to adopt the Consent Calendar as recommended. Motion passed by unanimous roll call vote. PUBLIC HEARINGS 9. Conduct a public hearing to receive public comment and consider adopting uncodified Ordinance No. 321 amending the Schedule of Environmental and Development-Related Fees and Charges, replacing Ordinance No. 317 in accordance with District Code Chapter 6.30, to become effective July 1, 2022 Senior Engineer Thomas Brightbill reviewed the Position Paper included in the agenda materials which outlined the methodology used to define the fees and charges. There were no questions from the Board Members. CENTRAL CONTRA COSTA SANITARY DISTRICT June 2, 2022 Board Meeting Minutes—Book 70-Page 100 President Williams opened the public hearing. There being no public comment, the hearing was immediately closed. President Williams invited Board discussion. Member McGill advised that this item was thoroughly discussed and reviewed by the Finance Committee. BOARD ACTION: Conducted the public hearing. Motion was made by Member McGill and seconded by Member Hockett to adopt uncodified Ordinance No. 321 amending the proposed fee schedule effective July 1, 2022. Motion passed by unanimous roll call vote. 10. Conduct a public hearing to receive public comment and consider adopting codified Ordinance Nos. 322 and 323 amending sections within District Code Titles 1, 2, 4 through 7, 9, 10, and 11 District Counsel Kenton Alm provided the Board with the history of updating the District Code and advised that minimal updates and changes have risen since the last review. The changes were provided to the Board in the agenda materials. Ms. Young thanked Assistant to the Secretary of the District Amelia Berumen, Mr. Alm and other staff for all of their hard work, dedication and effort put in to complete the review of the District Code. President Williams also thanked staff for the effort put forth and appreciated the track changes included. President Williams opened the public hearing. In regard to a question posed by Member McGill, regarding a new change to Title 1 of the District Code, and to define the amendment to item EE as being reserved, Mr. Alm advised that rather than changing the numbering and having a deletion, the item is considered reserved for future use. There was a discussion regarding the changes reviewed by the Administration Committee and the three new changes that have now been included for the Board to consider. Ms. Berumen advised that in the Background section of the Position Paper, an additional section was added to clearly define the new proposed changes the Administration Committee had not reviewed. Mr. Brightbill further clarified the two changes made to Title 6. Hearing no further comments, President Williams closed the public hearing. Member Pilecki advised that this item was thoroughly reviewed by the Administration Committee with the exception of the changes provided at the meeting and that staff did a good job addressing the Committee's comments. CENTRAL CONTRA COSTA SANITARY DISTRICT June 2, 2022 Board Meeting Minutes—Book 70-Page 101 BOARD ACTION: Conducted the public hearing. Motion was made by Member Hockett and seconded by Member Lauritzen to adopt the proposed codified changes to the District Code listed within Ordinance Nos. 322 and 323, as presented. Motion passed by unanimous roll call vote. COVID-19 PANDEMIC RESPONSE 11. Receive update on Central San's response regarding the Coronavirus (COVID-19) pandemic Member Pilecki requested information on the amount of lost staff time as a result of exposure to an infected individual due to quarantine and other procedure protocols. He noted this information is not clear in the reports of the impact of those sent home to quarantine. General Manager Roger S. Bailey advised that staff could provide hours, although would have to account for those employees who are sent home but have the capability to work remote. Member Pilecki suggested providing the last three months of data. There was a discussion regarding the wastewater graphs versus the County graphs, and the accuracy of both. BOARD ACTION: Received the update. OTHER BOARD ACTION ITEMS 12. Consider renewal of findings pursuant to the Brown Act provisions provided under Assembly Bill 361 to continue the use of teleconference/hybrid participation for Board and Board Committee meetings for a 30-day period effective June 3, 2022 Member Pilecki stated that given the spikes seen in wastewater test results, it might be a good idea to continue virtual meetings through June to see where the data stands. Mr. Alm advised that the Board could make a motion to proceed in that manner and analyze data while making findings that its either unsafe to meet together or continuing recommendation of heath department to have virtual meetings. President Williams opined that the option for hybrid participation should still be included to provide the Board meeting flexibility. BOARD ACTION: Motion was made by Member McGill and seconded by Member Pilecki to reestablish findings of a state emergency and local health recommendations to continue virtual/hybrid meetings pursuant to Brown Act provisions provided under AB 361 for 30-days effective June 3, 2022. Motion passed roll unanimous roll call vote. CENTRAL CONTRA COSTA SANITARY DISTRICT June 2, 2022 Board Meeting Minutes—Book 70-Page 102 Member McGill requested an update on the newest pandemic variants at the next Board meeting. There was a Board consensus to hold the next regular Board meeting on June 16 completely virtual. 13. Adopt Resolution No. 2022-031 calling for November 8, 2022 election, requesting consolidation of the District election with the statewide election, setting forth District requirements for Candidate Statements, soliciting an option for addressing tie votes, and directing the Secretary of the District to file the resolution with the Elections Department and County Board of Supervisors Ms. Young advised the Board that the County elections department is still in the process of determining the cost of the 2022 Candidate Statement due to the amount of districts changing to division-based elections. She advised that this information would be available in the beginning of July. There was a question regarding the amount of money the District is willing to pay towards the candidate statement and it was determined to leave it at its current state of the candidate paying $500 and the remaining balance to be paid by the District. BOARD ACTION: Motion was made by Member Hockett and seconded by Member Lauritzen to adopt Resolution No. 2022-031 in preparation of the November 2022 election. Motion passed roll unanimous roll call vote. LEGISLATIVE MATTERS 14. Receive update on pending legislative matters and provide direction on priority legislation Communications and Government Relations Manager Emily Barnett briefly reviewed the key matters listed on the Central San 2022 Priority Legislative Tracking Sheet dated June 1, 2022, included with the agenda materials. BOARD ACTION: Received the update. REPORTS AND ANNOUNCEMENTS 15. General Manager— Reports a. Receive AgLantis/CoCo San Sustainable Farm 2021 Annual Report and update Planning and Development Services Division Manager Danea Gemmell reviewed the presentation included in the agenda materials. CENTRAL CONTRA COSTA SANITARY DISTRICT June 2, 2022 Board Meeting Minutes—Book 70-Page 103 Member Pilecki inquired about the utilization of the 14 acres included in the memorandum for future use with recycled water. Ms. Gemmell advised that staff is working on problem solving the meters and pipes of the irrigation and working with a group to find a solution. President Williams stated that when the farm was being discussed over 10 years ago, he expressed concerns regarding the ratepayer questions of whether the project was in concurrence with the District's mission and that the terms of the lease and condition requirements should require thoughtful attention. He further acknowledged that the results of food provided to the local food banks in the County was impressive. Member Hockett congratulated Dr. Carolyn Phinney, the founder of AgLantis, on an incredible job and acknowledged all of the outreach and support she has received. Dr. Phinney thanked the Board Members for their support. BOARD ACTION: Received the annual report. 16. General Manager—Announcements a. Announcements — June 2, 2022 Other than the announcements included in the agenda materials, no further announcements were made during the meeting. BOARD ACTION: Received the announcements. 17. Counsel for the District Mr. Alm announced that a closed session would be held for Item 22. 18. Secretary of the District Ms. Young announced the following upcoming Committee meetings: Administration — Tuesday, June 7 at 1:00 p.m. Real Estate, Environmental & Planning — Wednesday, June 15 at 9:00 a.m. BOARD ACTION: Received the announcements. 19. Board Members - Committee Minutes a. May 18, 2022 - Real Estate, Environmental & Planning Committee — Chair Hockett and President Williams CENTRAL CONTRA COSTA SANITARY DISTRICT June 2, 2022 Board Meeting Minutes—Book 70-Page 104 b. May 24, 2022 - Finance Committee - Chair McGill and President Williams BOARD ACTION: Received the Committee minutes. 20. 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 — Member Lauritzen stated for the record that she attended the Contra Costa Water District (CCWD) Board meeting on June 1 and participated in the interview process for an appointment to the Board of Directors for District 1. She advised that the appointment process will be completed at the June 15 Board meeting. Member McGill • May 17, 2022 — Industrial Association of Contra Costa County (IACCC) Forum, Pleasant Hill Member McGill also provided a written report covering his announcements and other meetings. Finally, Member McGill acknowledged Mr. Brightbill's participation in articles included in the California Special Districts magazine. Member Pilecki — No report. President Williams — No report. BOARD ACTION: Received the reports and announcements. 21. Board Members - Requests for Stipend/Reimbursement or Conference Attendance No requests. EMERGENCY SITUATIONS None. REQUESTS FOR FUTURE AGENDA ITEMS None. CENTRAL CONTRA COSTA SANITARY DISTRICT June 2, 2022 Board Meeting Minutes—Book 70-Page 105 ANNOUNCE CLOSED SESSION (pursuant to Government Code Section 54957.7) Mr. Alm announced that a closed session would be held for Item 22. RECESS TO CLOSED SESSION The Board recessed at 3:30 p.m. to reconvene in closed session. Closed Session (Not video recorded) CLOSED SESSION 22. 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 4:50 p.m. to reconvene in open session. REPORT OUT OF CLOSED SESSION No report. ADJOURNMENT The meeting was adjourned at 4:51 p.m. David R. Williams President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: �Ao—" Katie Young Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California