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HomeMy WebLinkAbout02.a. Approve minutes of meeting held 11-03-2022 Page 1 of 9 Item 2.a. CENTRALSAN jdf A- hom CENTRAL CONTRA COSTA SANITARY DISTRICT November 17, 2022 TO: HONORABLE BOARD OF DIRECTORS FROM: KATIE YOUNG, SECRETARYOF THE DISTRICT SUBJECT: NOVEMBER 3, 2022 BOARD MEETING MINUTES Attached are the draft minutes of the above Board meeting. ATTACHMENTS: 1. Draft Minutes of 11-03-22 meeting November 17, 2022 Regular Board Meeting Agenda Packet- Page 9 of 101 Page 2 of 9 CENTRAL SAN CENTRAL CONTRA COSTA • MINUTES* BOARD OF DIRECTORS: DAVID R. WILLIAMS President REGULAR BOARD MEETING BARBARA D.HOCKETT Multi-Purpose Room President Pro Tent Thursday, November 3, 2022 MARIAHN LAURITZEN 2:30 p.m. M>cHTA�JPiEcKI D RAFT Open Session — Multi-Purpose Room (Video recorded) NOTICE This meeting was held virtually pursuant to the findings made by the Board of Directors on October 6, 2022 under Assembly Bill 361 provisions. The agenda provided options in which members of the public could participate in the meeting. 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 The Board, staff and audience joined in 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. November 17, 2022 Regular Board Meeting Agenda Packet- Page 10 of 101 Page 3 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT November 3, 2022 Board Meeting Minutes- Page 2 AWARDS AND PRESENTATIONS 1. Receive the 2022 Excellence in Information Technology (IT) Practices Award from Municipal Information Systems Association of California (MISAC) Information Technology Manager Charles Mallory introduced Mitch Cochran from MISAC who presented the 2022 Excellence in Information Technology Practice Award to the Board. Mr. Mallory thanked the information technology team for their performance and excellent service. BOARD ACTION: Received the award. 2. Receive Utility of the Future Today Recognition Management Analyst Christina Gee and Resource Recovery Program Manager Melody LaBella reviewed the presentation included in the agenda materials and presented the Utility of the Future Today recognition to the Board. BOARD ACTION: Received the presentation. CONSENT CALENDAR 3. Approve the following: a. October 20, 2022 Board meeting minutes b. October 26, 2022 Special Board meeting minutes 4. Approve expenditures incurred September 16, 2022 through October 13, 2022 5. Receive Financial Overview through the month of September 2022 6. Adopt updated salary schedule effective November 3, 2022 for all District job classifications 7. Adopt Resolution No. 2022-077 designating the General Manager, Director of Finance and Administration, and the Risk Management Administrator as authorized agents of Central San to obtain financial assistance under The Stafford Act as amended and the California Disaster Assistance Act BOARD ACTION: Motion was made by Member McGill and seconded by Member Hockett to adopt the Consent Calendar as recommended. Motion passed by unanimous roll call vote. November 17, 2022 Regular Board Meeting Agenda Packet- Page 11 of 101 Page 4 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT November 3, 2022 Board Meeting Minutes- Page 3 HEARINGS 8. Conduct a hearing to consider Ms. Jodi Lewis and Ms. Misha Safran's appeal of a staff decision that a Capacity Fee is owed for an Accessory Dwelling Unit (ADU) at 1241 Gregory Street in Martinez Senior Engineer Thomas Brightbill reviewed the Position Paper included in the agenda materials. Staff requested direction on the current appeal, and potentially completing an update to the District Code with guidance on how to address the class of applicants effected by a code change with unpermitted ADU's. The appeal residents addressed the Board. Ms. Safran expressed her significant appreciation for the gratitude, dialog, and support she has received from staff during this entire practice. Ms. Lewis believes the resolution proposed by staff is a fair one. Ms. Young read a public comment for the record received via electronic mail by Lafayette resident, Bryn Bowman, requesting a similar appeal on a retroactive ADU. Member Hockett inquired about future appeals and how staff can determine the date of a structure when there are no plans or date stamps. Mr. Brightbill responded that staff relies on aerial photos and real estate websites. He stated that the burden of obtaining proof needs to be on the property owners, but staff is able to assist if necessary. Member Pilecki agreed with the appeal but inquired how the District might obtain the payment from the prior property owners. He also expressed concern about the realtors not disclosing the permitting issue information to prospective home buyers. A suggestion was made to create an education process for realtors in the future. Member Hockett was in favor of assessing the lesser fee to Ms. Lewis and Ms. Safran and would like to have a discussion with staff on how to mitigate this issue reasonably in the future. Member Lauritzen agreed. Member McGill suggested that staff return to the Board with an educational program and more general verbiage in the District code so multiple Board approvals are not necessary. BOARD ACTION: Conducted the hearing. Motion was made by Member Hockett and seconded by Member McGill to grant the appeal. Motion passed by unanimous roll call vote. A motion was made by Member McGill to request staff bring back a policy related to unpermitted ADU's and provisions to the District code. BOARD ACTION: Motion was made by Member McGill and seconded by Member Pilecki to direct staff to create a proposed policy related to November 17, 2022 Regular Board Meeting Agenda Packet- Page 12 of 101 Page 5 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT November 3, 2022 Board Meeting Minutes- Page 4 unpermitted ADU's and provisions to the District code. Motion passed by unanimous roll call vote. A motion was made by Member McGill to request staff to bring back an item regarding options of engagement to the professional community, i.e., realtors, home inspectors, etc. regarding unpermitted ADU's. BOARD ACTION: Motion was made by Member McGill and seconded by Member Pilecki to direct staff to bring an item back regarding professional community engagement and unpermitted ADU's. Discussion ensued. Member Hockett believes that the request made will be a time- consuming burden to staff. Ms. Young called for a vote. Motion passed by the following roll call vote: AYES: Members: Lauritzen, McGill, Pilecki, Williams NOES: Members: Hockett Member Lauritzen thanked the homeowners for attending the meeting. COVID-19 PANDEMIC RESPONSE 9. Receive update on Central San's response to COVID-19 and other viruses Communications and Government Relations Manager Emily Barnett reviewed the presentation included in the agenda materials. BOARD ACTION: Received the update. OTHER BOARD ACTION ITEMS 10. 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 November 4, 2022 A discussion was held regarding the recent recommendations of the Contra Costa Health Services Officers to rescind all COVID-19 orders. District Counsel Kent Alm advised that the actions from the health department do not affect the District directly but provide a basis for future recommendations. Moving forward today would be appropriate but could change in the next few weeks. BOARD ACTION: Motion was made by Member McGill and seconded by Member Lauritzen to reestablish findings of a state emergency and local health recommendations to continue virtual/hybrid meetings pursuant to November 17, 2022 Regular Board Meeting Agenda Packet- Page 13 of 101 Page 6 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT November 3, 2022 Board Meeting Minutes- Page 5 Brown Act provisions provided under AB 361 for the manner to conduct Board and/or Board Committee meetings for a 30-day period effective November 4, 2022. Motion passed by the following roll call vote: AYES: Members: Lauritzen, McGill, Pilecki, Williams NOES: Members: Hockett REPORTS AND ANNOUNCEMENTS 11. General Manager— Reports a. Receive Fiscal Year 202-22 Strategic Plan Annual Report BOARD ACTION: Received the report. b. Receive Semi-Annual update on Strategic Risk Inventory/ Enterprise Risk Management (ERM Program) Director of Finance and Administration Phil Leiber provided a brief overview of the presentation included in the agenda material. Member Pilecki inquired about the status of the economy and the potential for a recession and the high rate of inflation issue, why was the economic downturn score rated so low. Mr. Leiber advised that the assessment was completed in July and staff is aware of the potential recession risks although as a utility district our revenues are more stable than many utilities and especially cities who depend on sales tax revenues, so we are relatively well insulated. BOARD ACTION: Received the update. C. Receive overview on recently held Town Hall form regarding the Future of Water in Central Contra Costa County President Williams stated that the event was very well attended, gave a huge kudos to staff and stated that he has received a lot of positive comments regarding water forum. Member Hockett commended Mr. Bailey on his presentation and appreciated his passion which he communicated to the entire audience. Member Pilecki asked if there are plans for future town hall meetings. Mr. Bailey stated that the originator of the meeting was the Town of Rossmoor and staff would like to have a debriefing session and moving forward will look for opportunities for additional conversations with the public. BOARD ACTION: Received the information and held discussion. November 17, 2022 Regular Board Meeting Agenda Packet- Page 14 of 101 Page 7 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT November 3, 2022 Board Meeting Minutes- Page 6 12. General Manager—Announcements a. Announcements — November 3, 2022 Other than the announcements included in the agenda materials, no further announcements were made during the meeting. BOARD ACTION: Received the announcements. 13. Counsel for the District a. Legal Update Mr. Alm provided a through overview of AB 2449 regarding the Brown Act and the impact on future meetings for Central San. Member Pilecki inquired if the committee meetings would have to comply with the new Brown Act regulations. Mr. Alm responded that as committee meetings are considered a legislative meeting, so they must comply. There was a lengthy discussion regarding staff tracking attendance of Board Members at both Board Meetings and Committee meetings and providing an update to the Board. Member Pilecki suggested developing a Board policy in the future with all of the new Brown Act requirements. BOARD ACTION: Received the update. 14. Secretary of the District Ms. Young announced the following upcoming Committee meetings: • Real Estate, Environmental & Planning Committee — Wednesday, November 16 at 9:00 a.m. • Finance — Monday, November 21 at 2:00 p.m. (Member Hockett will be an alternate for Chair McGill) 15. Board Members - Committee Minutes a. October 25, 2022 - Finance Committee — Chair McGill and President Williams BOARD ACTION: Received the Committee minutes. November 17, 2022 Regular Board Meeting Agenda Packet- Page 15 of 101 Page 8 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT November 3, 2022 Board Meeting Minutes- Page 7 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 Hockett • October 26, 2022 - Future of Water in Central Contra Costa County Town Hall Meeting, Lafayette Veterans Memorial Center Member Lauritzen - No report. Member McGill • October 26, 2022 - Future of Water in Central Contra Costa County Town Hall Meeting, Lafayette Veterans Memorial Center Member Pilecki - No report. President Williams • October 26, 2022 - Future of Water in Central Contra Costa County Town Hall Meeting, Lafayette Veterans Memorial Center BOARD ACTION: Received the reports and announcements. 17. Board Members - Requests for Stipend/Reimbursement or Conference Attendance No requests. EMERGENCY SITUATIONS None. REQUESTS FOR FUTURE AGENDA ITEMS As previously mentioned, in Item 13.a., the Board requested a Board Policy be created regarding the new Brown Act requirements. ADJOURNMENT The meeting was adjourned at 4:20 p.m. David R. Williams President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California November 17, 2022 Regular Board Meeting Agenda Packet- Page 16 of 101 Page 9 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT November 3, 2022 Board Meeting Minutes-Page 8 COUNTERSIGNED: Katie Young Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California November 17, 2022 Regular Board Meeting Agenda Packet- Page 17 of 101