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HomeMy WebLinkAboutBOARD MINUTES 10-18-12MINUTES 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: Book 62 — Page 54 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. Book 62 — Page 55 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of October 18, 2012 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 Book 62 — Page 56 CENTRAL CONTRA COSTA SANITARY DISTRICT 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 staffs 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. Book 62 — Page 57 CENTRAL CONTRA COSTA SANITARY DISTRICT 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. Book 62 — Page 58 CENTRAL CONTRA COSTA SANITARY DISTRICT 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 Book 62 — Page 59 CENTRAL CONTRA COSTA SANITARY DISTRICT 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 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. None. 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 Book 62 — Page 60 None. CENTRAL CONTRA COSTA SANITARY DISTRICT 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. 12. REPORT OUT OF CLOSED SESSION No reports. 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. /-- - 1. . - C. - W, , , Jas A. Nejedly / I President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California Book 62 — Page 61 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 Book 62 — Page 62