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HomeMy WebLinkAboutBOARD MINUTES 01-10-13 (Special)MINUTES OF THE SPECIAL MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JANUARY 10, 2013 The Board of Directors of the Central Contra Costa Sanitary District convened in a special meeting in the Board Room, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on Thursday, January 10, 2013. President Nejedly called the meeting to order and requested that the Secretary call roll. ROLL CALL PRESENT: Members: Causey, McGill, Pilecki, Williams, Nejedly ABSENT: Members: None a. PLEDGE OF ALLEGIANCE TO THE FLAG None. The Board and staff joined in the Pledge of Allegiance. 2. PUBLIC COMMENTS 3. CONSENT CALENDAR a. Approve minutes of Board meetings held on the following dates: December 6, 2012; December 13, 2012 (Special); and December 13, 2012 (Regular). b. Approve expenditures dated January 10, 2013. Reviewed by Budget and Finance Committee. C. Receive November 2012 Financial Statements and Investment Reports. Reviewed by Budget and Finance Committee. d. Approve updated Administrative Overhead Percentage of 220% for Fiscal Year 2013 -14. Reviewed by Budget and Finance Committee. Continued from December 20, 2012. e. Confirm publication of a summary of District Ordinance No. 275 amending District Code Chapter 2.20, "Conflict of Interest Code." Adopt Resolution 2013 -001 authorizing the execution of two quitclaim deeds for two abandoned sewer easements to Sufism Reoriented, owner of 11 White Horse Court, Book 62 —Page 110 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of January 10, 2013 Walnut Creek (APN 184 -50 -037; Job 1552); and authorizing staff to record documents with the Contra Costa County Recorder. g. Authorize the General Manager to execute a Memorandum of Understanding through June 30, 2015 for participation in the Regional Renewable Energy Procurement (R -REP) Project, a consortium of twenty participating public agencies throughout Alameda, Contra Costa, San Mateo and Santa Clara Counties, to take advantage of collaborative procurement to provide a feasibility assessment of potential sites and purchase of renewable energy systems. Member Pilecki asked, with regard to Item 3.d., how the proposed overhead percentage compares to other agencies that utilize similar accounting practices and if there are plans to reduce this number. Member Causey commented that the percentage is approaching an unacceptable level. He also asked for the District's philosophy to reduce the number and stated that it may be less costly to hire outside consultants if overhead continues to rise. General Manager Ann Farrell noted that the increases are related to pension and health care unfunded liabilities. It was moved by Member McGill and seconded by Member Williams to adopt the Consent Calendar as recommended. Motion passed by unanimous vote of the Board. None. 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER 5. HEARINGS a. CONDUCT A HEARING TO CONSIDER A REQUEST FOR RELIEF FROM THE FINAL STAFF DECISION TO ASSESS A REIMBURSEMENT FEE FOR A SECOND LIVING UNIT AT 20 CAMINO MONTE SOL, ALAMO, APN 193 - 020 -002, JOB 5542 (PROPERTY OF MS. ANNE BROOME) It was recommended by the Budget and Finance Committee at its January 7, 2013 meeting that the Board affirm staffs October 30, 2012 decision that it is appropriate to assess a reimbursement fee for the second living unit at 20 Camino Monte Sol and direct that the fee be collected. Engineering Assistant III Earlene Millier presented a map of the area and stated that the reimbursement account was set up in 2004 by the installer, Mr. Leo Steffen, with 10 initial potential connections at a total project cost of $187,860. With adjustments for inflation and depreciation, the fee is now $16,823 per residential unit equivalent (RUE). Since August 2010, District staff has been in contact with the property owner, Ms. Anne Broome, regarding payment of fees for the second living unit, which was built without permit. All fees but the reimbursement fee have been paid. The second living unit was credited as if the recalculated fee had been paid for the first living unit, and the net fee for the second living unit is $15,511.53. Book 62 — Page 111 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of January 10, 2013 The hearing was opened Ms. Broome asked the Board to review the proposed additional reimbursement costs and the allocation model used to apportion those costs. She claimed that the model results in her subsidizing the Steffen development and being assessed twice for her property: once for her house and again for the 647 square foot living space over a garage, used occasionally for guests. She stated that, due to its size and configuration, the space cannot be used as a "second living unit." She believed that paying the fee would be unfair, when she paid for the initial hookup and is paying an annual usage fee. She claimed that Mr. Steffen has been adequately reimbursed for his sewer installation costs from the sales of the six homes he built, and any payment from her would be a windfall to him. She requested the Board examine the equity of the situation. Mr. Steffen stated that he disagreed with Ms. Broome's letter included in the agenda packet. He recounted that he installed a sewer lateral in 2002 for the Broome property at his expense, that Ms. Broome's payment would not be a profit to him, as she claims, but a reimbursement for part of his sewer installation expenses. He submitted a letter signed by his neighbors Ron Barber, Marnin Kligfeld, and Mike and Sue Todd, which respectfully requested that the Board require all connections on Camino Monte Sol be required to pay its fees. Member McGill suggested the matter be re- referred to the General Manager. District Counsel Kent Alm affirmed that a special provision in the District Code would allow the Board to re -refer the matter to the General Manager. Member Pilecki stated that there is an issue of equitability, and both sides must be considered to ensure fairness to both parties. President Nejedly noted that Ms. Broome's contention that the unit is not a second living unit could be dubious, seeing as she paid the initial fees without complaint. He stated that any professionals involved in building the unit, from architects to contractors, would likely have the knowledge to obtain a permit from the District. Member Causey explained that a significant issue with Ms. Broome's position is that someone could rent out the living space over the garage, so it operates by the District's standards as a second unit. Member Pilecki asked that staff see what other agencies do with respect to second living units so the District is consistent with their practices. It was moved by Member McGill and seconded by Member Pilecki to direct staff to re- review the matter, and, if it is not resolved to the satisfaction of both parties, bring the item back to the Board at a time convenient for Ms. Broome and Mr. Steffen. Motion passed by unanimous vote of the Board. Book 62 —Page 112 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of January 10, 2013 6. REPORTS a. GENERAL MANAGER 1) Update on staff relocation during Seismic Improvements for the Headquarters Office Building (HOB), District Project 8226 Associate Engineer Nathan Hodges reported on the relocation schedule and plan for HOB staff to temporarily work from the Annex, Warehouse, and leased 1470 Enea Circle, Concord building. He stated that construction is expected to last eight months and that the Concord building has a twelve- month lease at $28,736 per month from January to December 2013, with an optional twelve -month extension and termination with three months' notice. He described possible locations for upcoming Board and Committee meetings and access for Board Members. 2) Announcements The following written announcements were included with the agenda packet: a) Promotion of Todd Smithey to Finance Administrator, effective December 26, 2012 b) Retirement of Principal Engineer Jarred Miyamoto -Mills after 31 years of service, effective January 2, 2013 c) Resignation of Human Resources Analyst Selina Zapien, effective January 18, 2013, after accepting new position with another public agency d) Public Bidding for Concord Landscape Project (Recycled Water Distribution Extension), District Project 7299 e) Public Bidding for 2013 Cured -In -Place Pipe (CIPP) Project, District Project 8405 f) Final Natural Gas Purchase Made for Treatment Plant Needs During 2013 The following additional announcements were made at the meeting: g) Sewage Overflow on Los Cerros Avenue, Walnut Creek h) Customer Compliment for Sewer Service Call on Sweet Drive in Lafayette i) 2013 Health & Wellness Expo Book 62 —Page 113 b c d CENTRAL CONTRA COSTA SANITARYDISTRICT Board Minutes of January 10, 2013 COUNSEL FOR THE DISTRICT None. SECRETARY OF THE DISTRICT Secretary of the District Elaine Boehme announced the Enterprise Committee Meeting scheduled for Monday, January 14 at 3:00 p.m. 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 thev will receive the stipend or for which the District will pay their expenses Member Causev Member Causey requested that he be authorized to represent the District on the State Water Resources Control Board Volumetric Pricing of Wastewater Services Stakeholders Group. It was moved by Member McGill and seconded by Member Pilecki to approve Member Causey's representation of the District on the State Water Resources Control Board Volumetric Pricing of Wastewater Services Stakeholders Group. Motion passed by the following vote of the Board: AYES: Members: McGill, Pilecki, Williams, Nejedly NOES: Members: None ABSTAIN: Members: Causey Member McGill Member McGill reported on the December 6, 2012 Contra Costa County Mayors Conference hosted by the City of Oakley. The Board received the report without comment. Member McGill and President Nejedly reported on the January 7, 2013 Budget and Finance Committee meeting and summarized the Action Summary. The Board received the report without comment. Member McGill asked the Board to consider whether to explore options regarding adoption of parliamentary procedures. Member Pilecki stated that he liked the way the Board has functioned over the last 25 years, without any adopted procedures. Book 62 — Page 114 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of January 10, 2013 District Counsel Kent Alm noted that Robert's Rules of Order was written many years ago for running a large assembly and would not be helpful for a body such as the District Board. Member Williams agreed with Mr. Alm and stated his interest in considering adopting parliamentary procedures. He suggested, however, that they be adopted only as a guideline, so as not to stifle the Board. Member Causey concurred with Member Williams' statements. President Nejedly did not have an interest in adopting parliamentary procedures. He stated that District Counsel is present to assist when needed, and parliamentary procedures would be prohibitive and detrimental to the spirit of democracy, dialogue, and government. By concurrence of Members Causey, McGill, and Williams, the Board referred the matter to the Policy Development and Internal Operations Committee for further consideration. Member Pilecki and President Nejedly did not see a need to adopt parliamentary procedures. 2) Announcements Member McGill provided a written report covering Announcements. 7. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER TO AMEND AN EXISTING AGREEMENT WITH RESOURCE MANAGEMENT ASSOCIATES, IN THE AMOUNT OF $150,143, FOR A TOTAL COST CEILING OF $250,000, FOR PROFESSIONAL CONSULTING SERVICES FOR THE TREATMENT PLANT PLANNING PROJECT DISTRICT PROJECT 7301; AND RECEIVE UPDATE ON NUTRIENT STUDIES Assistant Engineer Melody LaBella presented an overview of the Bay Nutrient Studies and the Treatment Plant Studies. She outlined the schedule for the District to meet the National Pollutant Discharge Elimination System (NPDES) Permit's nutrient requirements, ending with a final report submittal date for the Bay Nutrient Studies of November 1, 2014 and a reassessment of ammonia limits for the Treatment Plant Studies on April 1, 2015. She described the Surface Water Ambient Monitoring Program (SWAMP) Suisun Bay Study, the Effluent Characterization Study, Copepod Study, collaborative nutrient studies by Bay Area Clean Water Agencies (BACWA), and Discharge Modeling. She noted that the Treatment Plant Study requires evaluating existing plant optimization for ammonia removal, a Nutrient Removal Facilities Plan, and site characterization. It was moved by Member Williams and seconded by Member Causey to authorize the General Manager to amend an existing agreement with Resource Management Associates, in the amount of $150,143, for a total cost ceiling of $250,000, for Book 62 —Page 115 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of January 10, 2013 professional consulting services for the Treatment Plant Planning Project, District Project 7301. Motion passed by unanimous vote of the Board. 8. BUDGET AND FINANCE a. ADJOURN BOARD MEETING AND RECONVENE AS THE CENTRAL CONTRA COSTA SANITARY DISTRICT FACILITIES FINANCING AUTHORITY TO CONDUCT ITS ANNUAL MEETING The Board of Directors of the Central Contra Costa Sanitary District adjourned at 3:52 p.m. to reconvene immediately as the Board of Directors of the Central Contra Costa Sanitary District Facilities Financing Authority to conduct its Annual Meeting. In compliance with Assembly Bill 23, it was announced that Board Members did not receive a separate or increased stipend for attendance at this meeting. Thereafter, the Board reconvened as Central Contra Costa Sanitary District Board of Directors at 3:53 p.m. None. 9. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 10. SUGGESTIONS FOR FUTURE AGENDA ITEMS Member McGill requested that an item be placed on a future agenda for the Board to consider endorsing in concept the proposal of the CoCo San Sustainable Farm. General Manager Ann Farrell reported that staff has met with other agencies to gather information, and the Enterprise Committee will be meeting to discuss the proposal. Member Williams stated that, conceptually, no one will argue with the proposal. As a Board, the concern is the ratepayers' best interests and alignment with the District's mission, and he was interested in staff's assessment of these matters. He stated that he would need that objective to be able to support the project. Member Causey added that he did not want the discussion of the farm proposal to detract time and attention from the Financial Plan Workshop. The item was tentatively placed on the agenda for the February 21, 2013 regular Board Meeting. 11. CLOSED SESSION The Board recessed at 3:58 p.m. to reconvene in closed session in the Caucus Room. Book 62 —Page 116 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of January 10, 2013 a. PERSONNEL MATTERS PURSUANT TO GOVERNMENT CODE SECTION 54957 — PERFORMANCE EVALUATION FOR GENERAL MANAGER The Board recessed at 4:06 p.m. to reconvene in the Board Room in open session. 12. REPORT OUT OF CLOSED SESSION District Labor Counsel Daniel Clinton reported that no reportable action was taken in Closed Session. 13. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned the meeting at 4:06 p.m. es A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: 62-- &�.e� Elaine R. Boehme, CMC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Book 62 — Page 117