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HomeMy WebLinkAboutBOARD MINUTES 07-19-12MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JULY 19, 2012 The Board of Directors of the Central Contra Costa Sanitary District convened in a regular meeting in the Board Room, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on Thursday, July 19, 2012. President Nejedly called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Hockett, McGill, Menesini, Nejedly, Williams ABSENT: Members: None a. PLEDGE OF ALLEGIANCE TO THE FLAG The Board and staff joined in the Pledge of Allegiance. 2. PUBLIC COMMENTS The following members of Employees' Association, Public Employees Union, Local One, spoke with regard to ongoing labor negotiations: David Rolley, President of Local One Jeremiah Walsh, Maintenance Crew Leader Kelly Weir, Assistant Land Surveyor Mike Rosen, Maintenance Crew Member II Sean Sarras, Maintenance Crew Leader Mark Goss, Maintenance Crew Leader Glen Bradley, Provisional Maintenance Planner Rick Hernandez, Senior Right -of -Way Agent Don Freeman, Electrical Technician Wilson Brooks, Maintenance Crew Member II Diane Dally, Local One Business Agent Daphne Reese, Engineering Assistant II Les Szmidt, Maintenance Crew Leader Mike Klubben, Construction Equipment Operator The above employees addressed the Board regarding the ongoing labor negotiations, expressing frustration with the District's outside labor negotiator and the perceived lack of give and take on the part of the Board. They commented about the hardships they would endure if the cuts proposed by the District are put in place, stating that many employees Book 62 — Page 9 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 19, 2012 would be unable to make ends meet. They noted that their hard work and dedication have put the District in the position of being an industry leader that is held in good stead by the community which it serves. They expressed a sincere desire to work with the Board and urged them to continue with the negotiation process. 3. CONSENT CALENDAR Member Williams requested pulling Item 3.c. off the Consent Calendar for separate consideration. It was moved by Member Hockett and seconded by Member McGill to adopt the Consent Calendar, except for Item 3.c., as recommended. Motion passed by unanimous vote of the Board. With regard to Item 3.c., Member Williams stated that spending $3 million on the Concord Landscape Project was discretionary and, given the District's financial situation, it was not a prudent expenditure. He added that responsibility for providing recycled water for the project lies with another agency and that the District's ratepayers effectively would be subsidizing that agency's ratepayers. Therefore, he said he would not be voting in favor of Item 3.c. Following discussion, it was moved by Member McGill and seconded by Member Hockett to adopt Item 3.c. as recommended. Motion passed by the following vote of the Board: AYES: Members: Hockett, Menesini, McGill, Nejedly NOES: Members: Williams ABSENT: Members: None a. Approve minutes of Board meetings held on the following dates: 1) June 21, 2012; and 2) June 28, 2012. b. Approve expenditures dated July 19, 2012. Reviewed by Budget and Finance Committee. C. Adopt Resolution 2012 -050 accepting the terms of the Proposition 84 Integrated Regional Water Management Grant for the Concord Landscape Project (District Project 7299) and authorize the General Manager to execute the grant Implementation Agreement with the Bay Area Clean Water Agencies and other related documents as may be necessary to process the grant. d. Approve the Suspended Pipe Support Evaluation and Repair, District Project 5955, for California Environmental Quality Act (CEQA) /permitting purposes and direct staff to file a Notice of Exemption with the Contra Costa County Clerk. Book 62 —Page 10 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 19, 2012 e. Confirm publication of a summary of District Ordinance No. 271 adopting a Schedule of Environmental and Development - Related Rates and Charges in accordance with Chapter 6.30 of the District Code. Confirm publication of a summary of District Ordinance No. 272 adopting a Schedule of Capacity Fees, Rates and Charges in accordance with Chapter 6.12 of the District Code. 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Item 8.a. was considered out of order to accommodate members of the public who were present. 5. PUBLIC HEARINGS a. The following public hearings were held: 1) CONSIDER ADOPTING RESOLUTION 2012 -051 DIRECTING THAT THE FOLLOWING ITEMS FOR FISCAL YEAR 2012 -13 BE PLACED ON THE CONTRA COSTA COUNTY PROPERTY TAX ROLL FOR COLLECTION: • CAPACITY USE CHARGES; AND • ASSESSMENTS FOR: • CONTRACTUAL ASSESSMENT DISTRICTS (CADS), • ALHAMBRA VALLEY ASSESSMENT DISTRICTS (AVADS), AND • OTHER FEE INSTALLMENT PAYMENT PROGRAMS. Engineering Assistant III Earlene Millier explained that adopting the proposed resolution would enable staff to place annual assessments for the above listed programs on the Contra Costa County property tax roll for collection. She presented information on the various types of annual assessments as well as the dollar amounts for each of the specified programs. Member McGill noted that the Budget and Finance Committee had reviewed this matter and recommended adoption of the proposed resolution. The public hearing was opened and closed without comment. It was moved by Member McGill and seconded by Member Williams to adopt Resolution 2012 -051 directing that the Fiscal Year 2012 -13 Capacity Use Charges, assessments for CADs, assessments for AVADs, and assessments for other fee installment payment programs be placed on the Contra Costa County property tax roll for collection. Motion passed by unanimous vote of the Board. Book 62 — Page 11 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 19, 2012 C. SECRETARY OF THE DISTRICT Secretary of the District Elaine Boehme announced that the Board Member election nomination period commenced on July 16, 2012 and will close on August 10, 2012 for incumbents. Should any incumbent not file for re- election, the nomination period is extended to August 15, 2012 for non - incumbents. d. BOARD MEMBERS 1) Board Member reports on recent meetings for which they received the stipend: and meetings or conferences for which the District paid their expenses: future meetings or conferences for which they will receive the stipend or for which the District will pay their expenses Member McGill Member McGill reported on the July 11, 2012 Industrial Association of Contra Costa County Forum featuring speaker David Kail of Diablo Valley College about a new program to train potential and current employees for local industry. Member McGill reported on the July 12, 2012 Contra Costa Mayors' Conference hosted by the City of Walnut Creek which featured a walking tour of the downtown area and a discussion of future of Economic Development and Affordable Housing in a Post - Redevelopment World. Member McGill reported on the July 16, 2012 Contra Costa Special Districts Association (CCSDA) quarterly Chapter Meeting. Member McGill also reported on the July 16, 2012 Budget and Finance Committee meeting, which was also attended by President Nejedly, and summarized the Action Summary. The Board received the report without comment. 2) Announcements Member McGill provided a written report covering Announcements. 8. ENGINEERING a. RECONSIDER BOARD ACTION OF MAY 17, 2012 APPROVING CONTRACTUAL ASSESSMENT DISTRICT (CAD) POLICY EXCEPTIONS FOR A POTENTIAL EL TOYONAL -ALTA VISTA -DOS OSOS CAD. General Manager Ann Farrell noted that this matter had been continued from the June 21, 2012 meeting so that all members of the Board could be present. Book 62 — Page 14 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 19, 2012 Background /Staff Presentation Provisional Environmental Services Division Manager Jarred Miyamoto -Mills explained the two CAD Policy exceptions approved by the Board at the May 17, 2012 meeting, notably that the District would (1) cover up to 18 of the 35 shares (51 percent) of the project cost for Scenario "B" which could cost up to $476,000, and (2) allow a 20 -year repayment period rather than the usual 10 years provided in the CAD Policy. On June 7, 2012, after receiving requests from a number of property owners, he said the Board decided to reconsider these exceptions. He also explained the process for setting boundaries for potential CADs and why they can change over time. Mr. Miyamoto -Mills explained the District's responsibilities in terms of sewer planning, design, construction and maintenance, as well as minimizing the impacts of construction on residents and providing special financing programs (i.e. CADs). He noted that many of the issues raised in testimony about a potential El Toyonal area CAD are the responsibility of agencies other than the District. He presented a slide listing those agencies. Mr. Miyamoto -Mills said that with regard to a potential El Toyonal CAD, it was staffs recommendation that the Board (1) rescind approval of the policy exception providing for the District to cover non - participant shares, and (2) confirm approval of the policy exception that would allow a 20 -year repayment for participants' assessments. Board Discussion In response to questions from Member Williams, Mr. Miyamoto -Mills explained that, if the CAD goes forward, the City of Orinda and Moraga Fire Protection District will be included in the process. He also explained how CAD boundaries are initially formed, and how they can change based on the interest of property owners in the area. If a CAD is initiated, staff prepares and distributes an Engineer's Report to the property owners who stand to benefit from a sewer connection and conducts a balloting process. Before construction begins, contracts are signed with property owners that have agreed to be assessed. Once the project is finished and the final assessments are established, all owners of the properties that could benefit have an additional opportunity to buy into the CAD up front or agree to have assessments placed on the tax roll over the repayment period. At that point, if the participants are carrying the non - participant shares, staff knows exactly what their assessments will be over time. Public Comments David Shrieve, Louise Benvenue, Steven Benvenue, Nava Olmer, Jill Tucker, Haideh Bahman- Vincent, and Lawrence Karp spoke in opposition to the CAD, and opposed the District financing of non - participant shares. They cited resident opposition, concern for landslides, and the misconception that septic tanks are bad for the environment as some of the reasons for their opposition. Book 62 — Page 15 None. None. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 19, 2012 Board Action It was moved by Member Hockett to adopt the staff recommendations to (1) rescind approval of the CAD Policy exception providing for the District to cover non - participant shares, and (2) confirm approval of the policy exception that would allow a 20 -year repayment for participants' assessments. District Counsel Kent Alm clarified that adopting both staff recommendations would mean that, should a CAD go forward in the El Toyonal area, the District would not fund any of the non- participant shares; however, the financing repayment period for participant assessments would be extended for up to 20 years. The motion died for lack of a second. Member Williams suggested dealing with the two staff recommendations separately and moved to rescind the Board's prior approval of the CAD Policy exception providing for the District to fund the non - participant cost shares. The motion was seconded by Member Menesini. Motion passed by the following vote of the Board: AYES: Members: Hockett, Menesini, Williams, Nejedly NOES: Members: McGill ABSENT: Members: None It was moved by Member McGill and seconded by Member Hockett to confirm approval of the CAD Policy exception for a potential El Toyonal CAD to extend the repayment period to 20 years in order to mitigate the high cost of sewering in the area. Motion passed by the following vote of the Board: AYES: Members: Hockett, McGill, Menesini, Williams NOES: Members: Nejedly ABSENT: Members: None 9. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 10. SUGGESTIONS FOR FUTURE AGENDA ITEMS 11. CLOSED SESSION President Nejedly left the meeting at 3:50 p.m. at which time the Board recessed to reconvene in the Caucus Room in closed session regarding the following matters: Book 62 — Page 16 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 19, 2012 a. Conference with Legal Counsel — existing litigation pursuant to Government Code Section 54956.9(a): • Schaeffer, et al. v. Gregory Village Partners L.P., Central Contra Costa Sanitary District, et al., Contra Costa County Superior Court Case No. MSC11- 01307. b. Conference with Legal Counsel — anticipated litigation — significant exposure to litigation pursuant to Government Code Section 54956.9(b). • One potential case (Regional Water Quality Control Board (RWQCB) enforcement action). The Board recessed at 4:09 p.m. to reconvene in the Board Room in open session. No reports. 12. REPORT OUT OF CLOSED SESSION 11. ADJOURNMENT There being no further business to come before the Board, President Pro Tern Williams adjourned the meeting at 4:10 p.m. 4wrfes A. Nejedly / / President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CIVIC Secretary of the District Central Contra Costa Sanitary District Co:�nty of Contra Costa, State of California Book 62 —Page 17