HomeMy WebLinkAbout03.a. Approve minutes of October 18, 2012 meetingMINUTES OF THE REGULAR MEETING
OF THE DISTRICT BOARD OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD ON OCTOBER 18, 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, October 18, 2012.
President Nejedly called the meeting to order and requested that the Secretary call roll.
1. ROLL CALL
PRESENT: Members: Hockett, McGill, Menesini, Williams, Nejedly
ABSENT: Members: None
a. PLEDGE OF ALLEGIANCE TO THE FLAG
The Board and staff joined in the Pledge of Allegiance.
b. INTRODUCTIONS
The Board welcomed the following new employees in the Collection System
Operations Department: Nicholas DeLuca, Jared Mangini, and Ornan Nwsani,
Maintenance Crew Members I, and Grace Valdepenas, Administrative Assistant.
2. PUBLIC COMMENTS
Mr. Stanley Caldwell, Board Member of Mt. View Sanitary District, thanked the Board and
staff on behalf of the Contra Costa Special Districts Association (CCSDA) for allowing
CCSDA to hold its quarterly meetings in the Multi- Purpose Room. Member McGill, the
District's representative for the CCSDA, noted that he volunteered the use of the room
again for 2013 and acknowledged Mr. Caldwell for his recent election to the Presidency of
the California Special Districts Association (CSDA) and his role in CCSDA's recent award
of Chapter of the Year.
The following members of Employees' Association, Public Employees Union, Local One,
spoke with regard to ongoing labor negotiations:
Judy Freier, Administrative Assistant
David Rolley, Accounting Technician III and President of Local One
The following students at New Leaf: A Sustainable Living Collaborative spoke in favor of
the proposed CoCo San Sustainable Farm on the District's Kiewit property:
CENTRAL CONTRA COSTA SANITARY DISTRICT
Board Minutes of October 18, 2012
Mr. Daniel Thomson
Ms. Alicia McManus
Ms. Sasha Thomas
President Nejedly thanked the speakers. With regard to the proposed CoCo San
Sustainable Farm project, he noted that while the Board is generally supportive of the
idea, as a public agency the District is constrained from making expenditures that are not
part of its core mission. He said staff is in the process of evaluating the various aspects of
this issue. Once that process is complete, the project will be discussed again by the Real
Estate Committee. Member Williams echoed President Nejedly's conceptual support for
the proposed project and concerns regarding constraints on the use of public funds.
3. AWARDS AND COMMENDATIONS
a. ADOPT RESOLUTION 2012 -080 COMMENDING MARIO M. MENESINI FOR
TWENTY YEARS OF SERVICE AS A MEMBER OF THE BOARD OF
DIRECTORS
General Manager Ann Farrell stated that, following the Board meeting, a reception
would be held in the Multi- Purpose Room to honor Member Menesini.
President Nejedly expressed his best wishes to Member Menesini, stating that it
has been a pleasure working with him, and thanking him for mentoring him when
he was elected to the Board 15 years ago.
It was moved by Member Hockett and seconded by Member McGill to adopt
Resolution 2012 -080, recognizing Member Menesini for twenty years of service as
a member of the District's Board of Directors. Motion passed by the following vote
of the Board:
AYES: Members: Hockett, McGill, Williams, Nejedly
NOES: Members: None
ABSTAIN: Members: Menesini
4. CONSENT CALENDAR
a. Approve minutes of Board meeting held September 20, 2012.
b. Approve expenditures dated October 18, 2012. Reviewed by Budget and Finance
Committee.
C. Set November 1, 2012 at 2:00 p.m. as the date and time for public hearing to
consider amending District Code Chapter 2.20, "Conflict of Interest" and adopting a
resolution amending and adopting the District's Conflict of Interest Code.
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d. Adopt Resolution 2012 -081 accepting grants of easement from Colony Park Town
House Association (Job 1080, Parcel 1), 1000 through 1218 Hookston Road,
Concord (APN 148 - 340 -039); and authorize staff to record documents with the
Contra Costa County Recorder.
e. Adopt Resolution 2012 -082 accepting a grant of easement from Yunglynn N. Liao
and James H. Strickler (District Project 5973, Parcel 1), property owners at 90
Loma Vista Drive in Orinda (APN 264- 210- 001 -6); and authorize staff to record
documents with the Contra Costa County Recorder.
It was moved by Member McGill and seconded by Member Hockett to adopt the Consent
Calendar as recommended. Motion passed by unanimous vote of the Board.
5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
Public comment (Item 2.) was reopened following Item 7.a.1) to accommodate speakers
from New Leaf who arrived later in the meeting.
6. BIDS AND AWARDS
a. AWARD A CONSTRUCTION CONTRACT TO ROTO- ROOTER PLUMBING
SERVICES FOR THE TELEVISION INSPECTION OF SANITARY SEWERS,
DISTRICT PROJECT 039680ENG
General Manager Ann Farrell explained that this contract Is for television cameras to
assess sewer lines when installing capital projects.
It was moved by Member Hockett and seconded by Member McGill to award a
construction contract in the amount of approximately $45,400 per year, or $136,200 for
three years, to Roto- Rooter Plumbing Services, the lowest responsive and responsible
bidder for the Television Inspection of Sanitary Sewers, District Project 039680ENG; find
that the project is exempt from California Environmental Quality Act (CEQA); and
authorize the General Manager to execute the contract documents subject to submittal
requirements. Motion passed by unanimous vote of the Board.
7. REPORTS
a. GENERAL MANAGER
1) Receive report and provide input to staff on permit counter connection fee
collection matters and proposed fee recovery plan
Senior Engineer Thomas Brightbill reported that the Outstanding Fee Report
originally indicated there were $21 million in outstanding fees related to
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Board Minutes of October 18, 2012
1,760 applications. A rigorous 7 -month analysis has since resolved all but
100 of those items, equaling $572,512 possibly - collectible fees. He
presented a breakdown of the 100 applications in varying stages, 44 of
which are ready for a collection letter, representing fees totaling $214,490.
Responses to the initial inquiry and inspection letters mailed to property
owners have been cooperative. He outlined the following staff
recommendations related to fee collection: (1) if property ownership has
changed, the prior owner or contractor should be billed; (2) fees that the
District has known about for over 4 years should not be billed; (3) all fees
should be updated and charged at current rates; and (4) any work conducted
without District inspections should be inspected by closed circuit television
(CCTV) to assure the work conforms with District standards. In terms of new
procedures going forward, Mr. Brightbill said staff will, on a monthly basis,
(1) review the Outstanding Fee Report, and (2) close out inactive
applications and permits and (3) collect fees at application when no new
connection to the sewer occurs. In conclusion, he said verbal commitment
has been received from local building departments to include the District in
final inspections.
Member Williams requested an update in three to six months on the
progress of the fee recovery plan, how the new procedures to prevent these
issues from reoccurring appear to be working, and whether there is
compliance with the verbal agreements reached with the building
departments. He suggested that interagency cooperation can be evaluated
at that time and procedures modified if needed. Member McGill
recommended that staff remind building agency staff of this new process
every three to six months because of increased staff turnover at the local
building agencies. He also noted that the Budget and Finance Committee
concurs with staff's recommendations for the fee recovery plan.
President Nejedly reopened the Public Comment period to allow speakers
from New Leaf to speak in favor of the proposed CoCo San Sustainable
Farm on the District's Kiewit property.
2) Receive Fiscal Year 2011 -12 Household Hazardous Waste Collection
Facility (HHWCF) Annual Report
Senior Household Hazardous Waste (HHW) Technician Jesse Folks
reported that the HHW Program is celebrating its 15th year of operation. He
presented a summary of the Fiscal Year 2011 -12 HHW Program Annual
Report. In response to a question from Member McGill, General Manager
Ann Farrell said now that staff is able to scan licenses of those who visit the
HHW facility, more meaningful data should be available in the future
regarding community participation in the HHW program. Member McGill
also acknowledged Mt. View Sanitary District for its partnership in the
program.
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Board Minutes of October 18, 2012
3) Consider request of Contra Costa County Board of Supervisors to support a
joint resolution establishing a "Contra Costa County Stakeholders Coalition"
for the purposes of articulating and advocating areas of mutual interests on
the San Francisco Bay and the Sacramento -San Joaquin River Delta ("Bay-
Delta") issues
General Manager Ann Farrell explained that the District had recently
received a request from Contra Costa County Supervisor Mary Nejedly
Piepho to adopt a resolution in support of a Contra Costa County
Stakeholders Coalition for advocating areas of mutual interest on Bay -Delta
issues. The Board Members expressed an interested in considering the
request and asked staff to submit a proposed resolution at a future meeting.
4) Announcements
The following written announcements were included with the agenda packet:
a) Bill Echols, Field Operations Superintendent in the Collection System
Operations Department, will retire on November 17, 2012
b) Public bidding on District Rental Property Improvements, District
Project 8224
c) Update on Outfall Improvements (Phase 6), District Project 7290
d) Update on Solids Conditioning Building Cogeneration incident of
March 29, 2012
e) Refund received from Pacific Gas & Electric Company (PG &E) for
March 9, 2012 natural gas outage
f) Fire occurrence at Household Hazardous Waste Facility on
October 6, 2012
The following written announcements were distributed at the meeting:
g) 2011 Payroll data submitted to State Controller's Office
h) District receives awards from Walnut Creek Action for Beauty
Counsel for new Collection System Operations Building
b. COUNSEL FOR THE DISTRICT
No reports.
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Board Minutes of October 18, 2012
C. SECRETARY OF THE DISTRICT
No reports.
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 September 24 -27 California Special Districts
Association (CSDA) Annual Conference in San Diego.
Member McGill and President Nejedly reported on the October 1 and
October 16, 2012 Budget and Finance Committee meetings and
summarized the Action Summaries. The Board received the reports without
comment.
Member McGill also reported on the October 15 Contra Costa Special
Districts Association (CSDA) Chapter Meeting, the October 16, 2012 Walnut
Creek Action for Beauty Council Community Awards 2012 Luncheon (at
which the District's Collection System Operations Facility was an awardee),
and the October 17, 2012 Contra Costa Council Transportation Task Force
Luncheon featuring a presentation by Contra Costa Transportation Authority
Executive Director Randy Iwasaki.
Member Menesini
Member Menesini and President Nejedly reported on the October 11, 2012
Real Estate Committee meeting and summarized the Action Summary. The
Board received the report without comment.
Member Williams
Member Williams and Member Menesini reported on the October 8, 2012
Household Hazardous Waste Committee meeting and summarized the
Action Summary. The Board received the report without comment.
President Neiedly
President Nejedly and Member Williams reported on the October 9, 2012
meeting of the Ad Hoc Committee on Legal Services. After reviewing
employee survey results, the existing contracts for District Counsel and the
District's labor counsel, and exploring options, the Committee recommended
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Board Minutes of October 18, 2012
that the contract with the District's labor counsel be renewed for two more
years. With regard to the contract with District Counsel, it was
recommended that the contract be renewed with a couple of additional
provisions, including that District Counsel Kent Alm shall personally hold
office hours at the District one full day per week to provide counsel on
District business. The Board received the report without comment.
2) Announcements
Member McGill provided a written report covering Announcements.
8. BUDGET AND FINANCE
a. ACCEPT AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED
JUNE 30, 2012
None.
General Manager Ann Farrell stated that Cropper Accountancy Corporation had
completed its audit of the District's financial statements for the fiscal year ended
June 30, 2012 and introduced Mr. John Cropper to provide an overview.
Mr. Cropper addressed the Board stating that the audited financial statements for
the fiscal year ended June 30, 2012 were thoroughly reviewed with the Budget and
Finance Committee. He was pleased to be able to issue the District a clean,
unqualified opinion again this year. Two management letters were issued: the
standard required audit letter and another regarding the effectiveness of the
District's internal controls. The latter was not required but was requested by District
staff in an effort to determine if there are any areas in which staff can improve its
financial reporting. The internal control letter identified three areas of deficiency,
none of which are considered material weaknesses: (1) concerns about newer,
less experienced employees replacing long -time employees who have retired,
(2) inefficiencies due to an antiquated general ledger system, and (3) the permit
counter connection fee collection process. He acknowledged that each of these
areas have been and are continuing to be addressed by staff. In conclusion,
Mr. Cropper applauded staff for requesting the second management letter in
furtherance of its desire to be transparent with its financial reporting. He concluded
by stating that the District's financial and accounting staff is exceptional, as are the
policies and procedures in place with regard to financial reporting.
It was moved by Member McGill and seconded by Member Menesini to accept the
audited financial statements for the fiscal year ended June 30, 2012. Motion
passed by unanimous vote of the Board.
9. EMERGENCY SITUATIONS REQUIRING BOARD ACTION
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Board Minutes of October 18, 2012
10. SUGGESTIONS FOR FUTURE AGENDA ITEMS
11. CLOSED SESSION
The Board did not hold the scheduled closed session regarding the following matters:
a. Conference with labor negotiators pursuant to Government Code Section 54957.6:
District Negotiators:
• Labor Negotiation and Benefits Counsel Edward L. Kreisberg, Esq.
• General Manager Ann Farrell
• Director of Collection System Operations Curtis Swanson
• Human Resources Manager Teji O'Malley
• Secretary of the District Elaine Boehme
Employee Organizations:
• Employees' Association, Public Employees Union, Local One
• Management Support/Confidential Group (MS /CG)
• Management Group
b. Personnel Matters pursuant to Government Code Section 54957 — Performance
Evaluations for Secretary of the District, General Manager, and Counsel for the
District.
No reports.
12. REPORT OUT OF CLOSED SESSION
13. ADJOURNMENT
There being no further business to come before the Board, President Nejedly adjourned
the meeting at 3:16 p.m. in recognition of Member Menesini and his 20 years of service to
the District.
James A. Nejedly
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
CENTRAL CONTRA COSTA SANITARY DISTRICT
Board Minutes of October 18, 2012
COUNTERSIGNED:
Elaine R. Boehme, CIVIC
Secretary of the District
Central Contra Costa Sanitary District
County of Contra Costa, State of California
F-'A
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