Special Meeting of the Policy Board of Directors
Wednesday, December 14, 2022
9:00 AM
Central Coast Community Energy
70 Garden Court, Suite 300
Monterey, CA 93940
IMPORTANT NOTICE REGARDING COVID-19 MEETING REQUIREMENTS The special procedures in place to minimize the spread of the COVID-19 virus may supersede general meeting procedures and delay distribution of materials to members, although every effort will be made to ensure comments and materials received prior to the meeting end will be made part of the record.
Based on guidance from the California Department of Public Health and the California Governor’s Office, in order to minimize the spread of the COVID-19 virus, please do the following:
1. You are strongly encouraged to observe the live stream of the CCCE Policy Board of Director’s meeting at: https://3cenergy.hylandcloud.com/203agendaonline/Meetings/Search?dropid=4
2. The CCCE Board Room remains open. If you attend the CCCE Policy Board of Director’s meeting in person:
a. You will be required to (i) wear a mask during the meeting and (ii) maintain appropriate social distancing, i.e., maintain a 6-foot distance between yourself and other individuals. b. Additional seating with audio of the CCCE Policy Board of Director’s meeting will be available in the CCCE Main Conference Room, located at 70 Garden Court, Suite 300, Monterey, CA 93940. Meetings are accessible to people with disabilities. Individuals who need special assistance or a disability-related modification or accommodation to participate in this meeting, or who have a disability and wish to request an alternative format for the meeting materials, should contact Heather Vowell, Board Clerk, at 831-641-7216 or [email protected]. Requests should be made as soon as possible but at least 72 hours prior to the scheduled meeting.
3. If you choose not to attend the CCCE Policy Board of Director’s meeting but wish to make a comment on a specific agenda item, you may please submit your comment as set out below. The timing of public comment shall be at the discretion of the Chair. Options for public comment are as follows:
a. To have your comments distributed to the Board prior to the meeting submit your comment via email by 5:00 p.m. on the Tuesday before the meeting. All comments received after 5:00pm on the Tuesday before the meeting will be retained as part of the record and distributed to the Board after the meeting. Please submit your comment to the Clerk of the Board at [email protected]. To assist the Clerk in identifying the agenda item relating to your public comment please indicate in the Subject Line, the meeting body (i.e., Policy Board Agenda) and item number (i.e., Item No. 3).
You may participate through ZOOM. For ZOOM participation please join by computer audio at:
https://us02web.zoom.us/s/82977357049
OR the following phone number(s):
US: +1 669 900 6833 or +1 669 219 2599
Enter this Meeting ID number: 829 7735 7049 when prompted. Please note there is no Participant Code, you will just hit # again after the recording prompts you.
You will be placed in the meeting as an attendee; when you are ready to make a public comment if joined by computer audio, please Raise your Hand; and by phone please push *9 on your keypad.
If you have anything that you wish to be distributed to the Board, please provide 15 copies and hand them to a member of CCCE staff or Heather Vowell, Board Clerk, who will distribute the information to the Board members and other staff.
The public may comment on a specific item listed on this agenda when the Board considers that item. In addition, the members of the public may request and receive copies without undue delay of any documents that are distributed to the Board, unless there is a specific exemption under the Public Records Act that prevents the disclosure of the record. (Cal. Gov’t Code Section 54957.5) In compliance with Government Code Section 54957.5, non-exempt writings that are distributed to a majority or all of the Board in advance of a meeting and that relate to an agenda item will be made available at CCCE’s offices located at 70 Garden Court, Suite 300, Monterey, CA 93940 during normal business hours and are also available on the CCCE website located at:
https://3cenergy.hylandcloud.com/203agendaonline
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AGENDA Amended 12/13/2022
Welcome & Roll Call
Corrections and Additions
The Board Clerk will announce agenda corrections and proposed additions of emergency, urgency, or continued items, which will be acted on by the Board as provided in Sections 54954.2 of the California Government Code.
Public Comment on the Consent Agenda and Matters Not Listed on the Agenda The public may provide comments on the Consent Agenda or any item within the Board's jurisdiction but not on the Agenda. The Board may not take action at this meeting on any item not listed on the Agenda other than to refer the matter to staff or set it for a future meeting. Speakers are limited to 3 minutes each.
CONSENT AGENDA
1. Approve Minutes from the November 28, 2022 Meeting of the Policy Board (Action Item)
2. Consider Finding, Pursuant to AB 361 and in order for the Policy Board of Directors to Continue Meeting Remotely, that the COVID-19 Pandemic State of Emergency Declared by Governor Newsom is Still In Effect; The Policy Board of Directors has Reconsidered the Circumstances of the State of Emergency; and the Monterey County Health Officer Continues to Recommend Social Distancing Measures for Meetings of Legislative Bodies (Action Item)
3. 2023 Policy Board of Directors Meeting Calendar (Information Only)
CLOSED SESSION
4. PUBLIC EMPLOYEE APPOINTMENT
Title: CEO Government Code Section 54957(b)(1)
REGULAR AGENDA
5. Adopt a Resolution Amending the Regular Meeting Schedule of the Policy Board of Directors for 2022 (Action Item)
Adjournment
Special Meeting of the Policy Board of Directors
Monday, November 28, 2022
9:30AM
Central Coast Community Energy
70 Garden Court, Suite 300
Monterey, CA 93940
MINUTES
The meeting was called to order at 9:30am with 14 members attending via teleconference pursuant to AB 361 and a quorum established.
Directors present via teleconference: Adams, Brooks, Carbone, Kosmicki, Martin, Marx, McPherson, Chair McShane, Nomura, Patino, Tomlinson, Velazquez, Waage, Chair McShane Directors Absent: Meyers, Morales, Orona, Quiroz-Carter, Vice Chair Williams (arrived at 9:32am)
CONSENT AGENDA
The Chair opened the public comment period.
No public comments were received.
The Chair closed public comment period.
MOTION: Moved by Director Adams, Seconded by Vice Chair Williams to approve the Consent Agenda.
ACTION: The Motion Carried with a roll call vote: 14/0/4 AYES: Adams, Brooks, Carbone, Kosmicki, Martin, Marx, McPherson, Nomura, Patino, Tomlinson, Velazquez, Waage, Vice Chair Williams, Chair McShane
NOES: None
ABSENT: Meyers, Morales, Orona, Quiroz-Carter
1. Approved Minutes from the September 22, 2022 Meeting of the Policy Board of Directors as submitted
2. Found, Pursuant to AB 361 and in order for the Policy Board of Directors to Continue Meeting Remotely, that the COVID-19 Pandemic State of Emergency Declared by Governor Newsom is Still In Effect; The Policy Board of Directors has Reconsidered the Circumstances of the State of Emergency; and the 1 of 9
Monterey County Health Officer Continues to Recommend Social Distancing Measures for Meetings of Legislative Bodies
CLOSED SESSION
The Chair opened the public comment period.
No public comments were received.
The Chair closed public comment period
3 PUBLIC EMPLOYMENT - Government Code Section 54957(b)(1) Title: CEO
Recessed in to closed session at 9:35 am
Adjourned at 10:43am
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Staff Report Item 2
TO: CCCE Policy Board of Directors
FROM: Tom Habashi, Chief Executive Officer
SUBJECT: Consider Finding, Pursuant to AB 361 and in order for the Policy Board of Directors to Continue Meeting Remotely, that the COVID-19 Pandemic State of Emergency Declared by Governor Newsom is Still In Effect; The Policy Board of Directors has Reconsidered the Circumstances of the State of Emergency; and the Monterey County Health Officer Continues to Recommend Social Distancing Measures for Meetings of Legislative Bodies (Action Item) DATE: December 14, 2022
RECOMMENDATION:
This recommends the Policy Board (“Board”) find, pursuant to AB 361 and for the Board to continue meeting remotely, that the COVID-19 pandemic State of Emergency declared by Governor Newsom is still in effect; the Board has considered the circumstances of the State of Emergency; and the Monterey County Health Officer continues to recommend social distancing measures for meetings of legislative bodies.
BACKGROUND:
On September 16, 2021, Governor Newsom signed AB 361. This legislation amends the Brown Act to allow Brown Act bodies to meet via teleconference during a proclaimed state of emergency in accordance with teleconference procedures established by AB 361 rather than under the Brown Act's more narrow standard rules for teleconference meetings.
DISCUSSION/ANALYSIS:
AB 361 provides that if a state or local health official recommends social distancing, a legislative body may meet remotely after September 30, 2021, provided that the legislative body finds 1) the Governor's proclaimed state of emergency is still in effect; 2) the legislative body has reconsidered the circumstances of the state of emergency, and 3) either the Monterey County Health Officer continues to recommend social distancing measures for meetings of legislative bodies or the state of emergency continues to directly impact the ability of the members to meet in person. 3 of 9
The Monterey County Health Officer has recommended social distancing measures for meetings of legislative bodies, so the Board were able to meet remotely the first time after September 30, 2021. To continue meeting remotely, the Boards must make the findings outlined above.
Accordingly, staff recommends making the appropriate findings. This action will be required every 30 days to keep meeting remotely. A special meeting may be necessary for that purpose.
FISCAL IMPACT:
There is no fiscal impact associated with this action.
CONCLUSION:
The Board’s consideration and finding that the COVID-19 pandemic State of Emergency declared by Governor Newsom is still in effect; the Board has reconsidered the circumstances of the State of Emergency; and the Monterey County Health Officer continues to recommend social distancing measures for meetings of legislative bodies will allow the Board to continue meeting remotely under the procedures established by AB 361.
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January April July October
Recommended Policy Board of Directors Meeting Schedule
3rd Wed - Feb & June 2nd Wed Dec- 9:00 a.m.
CCCE Meetings Calendar
Proposed Dates - Subject to Change
Annual Meeting
3rd Wednesday and Thursday in September Pol/Ops/CAC
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Staff Report Item 5
TO: CCCE Policy Board of Directors
FROM: Brian Kimball, General Counsel
SUBJECT: Adopt a Resolution Amending the Regular Meeting Schedule of the Policy Board of Directors for 2022 (Action Item)
DATE: December 14, 2022
RECOMMENDATION:
This recommends that the Policy Board of Directors (the “Board”) adopt a resolution to amend the 2022 regular meeting schedule of the Board to add one additional regular meeting to be held Wednesday, December 20, 2022 at 1:30 P.M.
BACKGROUND:
Section 3.8 of the CCCE Joint Exercise of Powers Agreement states that the Policy Board shall hold up to three regular meetings per year, with the option for additional meetings as determined by the Chief Executive Officer and/or Chair. It further holds that all meetings be conducted in accordance with the provisions of the Ralph M. Brown Act (California Government Code Sections 54950 et seq.) The Brown Act requires that the agency provide the time and place for holding regular meetings by ordinance, resolution, bylaws, or other rule required for the conduct of business.
Resolution No. PB-2020-04, passed by the Policy Board on September 2, 2020, established the Board’s regular meetings to be held on the third (3rd) Wednesday of February, June, and September, with the September meeting to be held in conjunction with the Joint Annual Meeting.
DISCUSSION/ANALYSIS:
In order to deliberate and approve the employment agreement of the newly appointed CEO, the CCCE Policy Board must take action at a regular meeting. The next regular meeting will not occur until February 15, 2023. Staff recommends that an additional regular meeting be calendared and set by resolution to take place Wednesday, December 20, 2022 at 1:30 PM.
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FISCAL IMPACT:
No fiscal impact.
CONCLUSION:
The Policy Board’s adoption of Resolution PB-2022-05 will create an additional regular meeting date and ensures that the Board can take timely action on a CEO employment agreement.
ATTACHMENT(S):
1. Draft Resolution PB-2022-05
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RESOLUTION NO. PB-2022-05
A RESOLUTION OF THE POLICY BOARD OF DIRECTORS OF CENTRAL COAST COMMUNITY ENERGY AMENDING THE 2022 REGULAR MEETING SCHEDULE
WHEREAS, Central Coast Community Energy (“CCCE”) is a Joint Powers Authority established and operated pursuant to California Government Code section 6500 et seq. in the California Central Coast region of Santa Cruz, Monterey, San Benito, Santa Barbara Counties, and certain cities within San Luis Obispo County; and
WHEREAS, pursuant to Section 3.8 of the CCCE Joint Exercise of Powers Agreement, the Policy Board of Directors ("Board") may fix, by resolution, the date upon which, and the hour and place at which, each regular meeting of the Board is to be held; and WHEREAS, Policy Board Resolution No. PB-2020-04 established that regular meetings of the Policy Board will be held at 9:00 a.m. on the following days at the following locations:
February June September
70 Garden Court, Suite
300, Monterey, CA, 93940
70 Garden Court, Suite
300, Monterey, CA, 93940
TBD in conjunction with
the Joint Annual meeting
Third (3rd) Wednesday Third (3rd) Wednesday Third (3rd) Thursday ; and
WHEREAS, CCCE desires to amend the 2022 regular meeting schedule by resolution; and
NOW, THEREFORE, the Policy Board of Directors of Central Coast Community Energy does hereby resolve, determine, and order as follows:
1. The 2022 regular meeting schedule of the Policy Board shall be amended to include a regular meeting on December 12, 2022, at 1:30 P.M., to be held at 70 Garden Court, Suite 300, Monterey, CA 93940
PASSED AND ADOPTED by the Policy Board of the Monterey Bay Community Power Authority this 14th day of December 2022, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
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_____________________________
Chair, Steve McShane
Attest:
_____________________________
Board Clerk, Heather Vowell
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