HomeMy WebLinkAbout03.a.1) Approve minutes of meeting held January 24, 2013MINUTES OF THE SPECIAL MEETING
OF THE DISTRICT BOARD OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD ON JANUARY 24, 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 24, 2013.
President Nejedly called the meeting to order and requested that the Secretary call roll.
1. ROLL CALL
PRESENT: Members: Causey, McGill, Pilecki, Williams, Nejedly
ABSENT: Members: None
a. PLEDGE OF ALLEGIANCE TO THE FLAG
The Board and staff joined in the Pledge of Allegiance
2. BUDGET AND FINANCE
a. HOLD FINANCIAL PLANNING AND POLICY WORKSHOP, INCLUDING REVIEW
OF 10 -YEAR FINANCIAL PROJECTIONS FOR RATE SETTING AND THE
FISCAL YEAR 2012 -13 CAPITAL IMPROVEMENT BUDGET (CIB) MID -YEAR
STATUS REPORT
Finance Manager Thea Vassallo provided an overview of the District's basic
approach to rate - setting, costs associated with debt financing, assumptions used in
the District's cash flow model, mid -year financial results for both Operations and
Maintenance (O &M) and the capital program, items that impact sewer service
rates, and the staff recommendation for a proposed two -year rate increase.
Ms. Vassallo explained that the rate - setting approach since 2001 has been to use a
financial cash flow model to analyze policy issues and predict future rates. The
cash flow model utilizes four basic premises: 1) a pay -as- you -go approach, 2) no
short -term debt borrowing, 3) utilization of reserves to allow smooth, modest annual
rate increases, and 4) generally drawing down reserves so that funds required
roughly equal funds available. With respect to the latter, she pointed out that the
Board's policy starting with the Ten -Year Plan approved last year was that, by the
tenth year, the amount of funds available should exceed funds required by $20
million.
With regard to debt financing, Ms. Vassallo said the Board typically has limited its
use to unanticipated opportunities and projects. She cautioned that the costs
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Board Minutes of January 24, 2013
associated with bond financing can be high. As an example, she said the $54
million bond issuance in 2009 will ultimately cost about $75 million, including
issuance costs and interest.
Ms. Vassallo emphasized the importance of cash reserves. Among other things,
sufficient cash reserves allow for year -to -year rate stabilization, prefunding of
retirement plan contributions, dollar cost averaging on payments to the GASB 45
Trust, insulation from the effects of possible elimination of ad valorem tax proceeds,
avoidance of borrowing fees and staff time associated with securing financing, and
increased interest income. She said the District's cash flow model incorporates all
of the District's stated goals (excellent customer service, regulatory compliance,
responsible rates, and being a high - performance organization). It also addresses
the District's needs and challenges over the next fiscal year and decade in terms of
the capital program, unfunded liabilities, annual pension obligations, GASB 45
Trust funding, debt service, and medical, dental and life insurance for active and
retired employees. It also assumes cash payment for equipping the Treatment
Plant for nitrification.
Ms. Vassallo briefly reviewed the mid -year financial results and year -end financial
projections for O &M and the capital program. O &M revenues are running $2.9
million more than budgeted due to receipt of a $1.5 million reimbursement for repair
of the cogeneration unit, nearly $0.9 million higher than anticipated revenue from
the City of Concord, and $0.5 million in additional revenues from the sewer service
charge. Conversely, expenses are running roughly $1.9 million more than
budgeted owing to $1.5 million in repairs to the damaged cogeneration unit, $0.8
million for increased salaries based on the recently completed labor negotiations,
as well as $0.4 million in other expenses. At mid year, O &M revenues exceeded
expenses by $2.9 million, $1 million more than projected. With regard to the capital
program, revenue is on track and expenditures are running $3 million less than
projected; this is expected to result in a similar increase in the Sewer Construction
Fund balance at year end of $38.8 million.
Ms. Vassallo presented a breakdown of the O &M versus capital components of the
sewer service charge rate history going back to Fiscal Year 2001 -02. Since FY
2004 -05, the capital program has been deficit spending as more and more of the
revenue was directed toward O &M. Major expense increases anticipated next year
include $1.1 million for additional labor costs, $2.3 million for benefits, and $0.3
million (6.6 percent) for utilities (largely due to AB 32 which will necessitate
periodic shut downs of the cogeneration unit). She noted that every $1 dollar
increase in the sewer service charge equates to $170,000 of revenue; a 1 percent
salary increase equates to a $2 increase in the sewer service charge. O &M costs
exceed the consumer price index (CPI) due to salary and benefits, there are
minimal near -term cost savings in the new 5.5 -year labor contracts, and any
significant savings from the new Public Employees' Pension Reform Act (PEPRA)
legislation will not be realized for at least a decade.
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After running multiple scenarios in the cash flow model, Ms. Vassallo said that staff
believes that a $34- per -year sewer service charge increase for each of the next two
years would support the District's stated goals, address capital program needs and
challenges over the next decade, address unfunded liabilities, and assumes cash
flow payment for nitrification. A comparison chart of current sewer service charge
rankings for other Bay Area agencies was presented, with the District ranking in the
lower half even after factoring in two $34 rate increases. The Board would need to
vote by March 7, 2013 on a maximum sewer service rate increase and the number
of years in which rates would be increased (up to five years), in order to comply
with Proposition 218 deadlines and to set a June 6, 2013 public hearing to set
the rates.
Member Causey asked questions about 1) the rationale behind delaying
commencement of payments on the District's unfunded liabilities until FY 2015 -16
and the benefits of commencing payments earlier, 2) potential cost savings
associated with approving rate increases for a period longer than two years, 3) the
philosophy behind how much of the sewer service charge is apportioned to capital
program versus O &M, 4) reconciling actual capital asset life with a capital program
that is generally flat in its spending, 5) the philosophy that establishes and drives
the District's self- insurance fund. While he said he had no problem with what staff
was recommending, he requested that the Board meet in a separate session in the
next several months to consider some of his questions and the District's current
fiscal policy.
Member Pilecki suggested that staff take a long -term look at its organizational
structure for ways to utilize efficiency because it has such a large impact on the
overall budget. He expressed concern with funding projects like nitrification when it
is not yet known if nitrification will be required, and stated that the District could
raise the sewer service charge or issue bonds at the time such a project was
actually needed. Ms. Vassallo explained that the District's bonding capacity is a
maximum of 20 percent of revenues, or approximately $18.4 million at this time.
After subtracting the current $5.6 million debt service, roughly $100 to $120 million
could be raised through bonds. For next year, Mr. Pilecki asked staff to research
how connection fees are calculated, given that most of the District's customers'
concerns are of inequity, and other agencies' fees are based partly on types and
sizes of units.
Member Williams stated that the District's financial plan should be asset -
management driven and agreed that bond funding would be an appropriate
consideration in the event nitrification is required.
President Nejedly recalled that the District used to raise rates every year, and,
while it is better to say there will be no rate increase during a certain year, he
suggested it might be better to have regular rate increases.
3. PUBLIC COMMENTS
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4. CONSENT CALENDAR
a. Approve minutes of Board meetings held on the following dates: December 20, 2012
(Special) and December 20, 2012 (Regular).
b. Approve expenditures dated January 24, 2013. Reviewed by Budget and Finance
Committee.
C. Adopt amendments to the District's Employee Computer Purchase Assistance
Program, Board Policy No. BP 001, effective January 24, 2013. Approval
recommended by Budget and Finance Committee. Continued from July 31, 2012
meeting.
d. Set February 7, 2013 at 2:00 p.m. as the date and time for a public hearing to
receive comments on increasing the construction contract retention amount to 10
percent for the Primary Treatment Renovations, District Project 7285, in
accordance with Public Contract Code Section 7201.
e. Direct staff to secure the services of an arbitrator to hear the Step Four Grievance
of David Rolley, Accounting Technician III, in accordance with the District's
grievance procedures.
Appoint Curtis W. Swanson as Provisional General Manager, M -05 ($18,421-
$22,391, effective January 15, 2013.
It was moved by Member McGill and seconded by Member Pilecki to adopt the Consent
Calendar as recommended. Member Causey requested a change to the December 20,
2012 minutes to reflect more clearly that he did not vote or abstain on Item 5.c. Member
McGill and Member Pilecki amended their motion and second to include Member
Causey's amendment and adopt the Consent Calendar as recommended. Motion passed
by unanimous vote of the Board.
5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
Item 7.a. was taken out of order to accommodate public speakers who were present on
the matter.
a. GENERAL MANAGER
& REPORTS
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The following written announcements were included with the agenda packet:
1) Registration Differential for Senior Engineer Randy Schmidt
2) Award of Contract — Bay 5 Workroom Remodeling at 4737 Imhoff Place,
District Project 8224A
3) New Hydro Sewer Cleaning Truck being used by Collection System
Operations
There were no additional written announcements made at the meeting.
b. COUNSEL FOR THE DISTRICT
No reports.
C. SECRETARY OF THE DISTRICT
Secretary of the District Elaine Boehme announced the Human Resources
Committee scheduled for January 25, 2013. She also reminded the Board
Members that their Fair Political Practices Commission (FPPC) campaign
statements (Forms 460/470) must be filed by January 31, 2013.
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 January 10, 2013 Contra Costa Mayors
Conference hosted by the City of Lafayette, which featured a presentation by
the Greenbelt Alliance.
Member McGill and President Nejedly reported on the January 14, 2013
Enterprise Committee meeting as well as the January 22, 2013 Budget and
Finance Committee meeting and summarized the Action Summaries. The
Board received the reports without comment.
Member McGill also reported on his attendance at the January 16 -18, 2013
California Association of Sanitation Agencies (CASA) Mid -Year Conference
in Indian Wells.
Member Pilecki
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Member Pilecki reported on the January 15, 2013 Seminar put on by the
California Special Districts Association on the following topic — How to be an
Effective Board Member.
2) Announcements
Member McGill provided a written report covering Announcements.
7. REAL PROPERTY
a. CONSIDER RECOMMENDATION OF THE ENTERPRISE COMMITTEE TO
MOVE UP CONSIDERATION OF CONCEPTUAL ENDORSEMENT OF COCO
SUSTAINABLE FARM PROPOSAL TO THIS MEETING RATHER THAN
FEBRUARY 21. 2013. THE DATE TENTATIVELY SET BY THE BOARD AT ITS
PREVIOUS MEETING
Provisional General Manager Curt Swanson stated that the CoCo San Sustainable
Farm, a non - profit group partnered with Earth Island Institute and led by Dr.
Carolyn Phinney and Bethallyn Black, has submitted a proposal for use of the
District -owned Kiewit property. Pursuant to a request from Member McGill, the
Board decided to consider the proposal at its scheduled February 21 meeting. At
the January 14 Enterprise Committee meeting, Dr. Phinney, requested that the
Board move up its consideration of conceptual endorsement of the proposal to this
meeting, and the Committee concurred.
Member Williams asked for a more thorough analysis of the proposal from staff,
including the costs, liabilities, risks, question of whether the District would be
supplying free water and land, and if the District is open to other potential
proposals. He also asked if there would be a need to increase monitoring of
waterborne parasites and viruses, or of the nearby homeless encampments. He
asked if the project would be in the District's best interest, and stated the
fundamental question of whether the project would constitute a gift of public funds.
He asked if the District has done its due diligence in its responsibility to its
ratepayers or found a nexus with its mission statement and values.
Member Causey stated that he shared some of Member Williams' concerns and
raised a broad range of issues, including whether the farm would need a permit for
recycled water, what staff would be on site, and what guidelines would need to be
met with the Department of Health Services (DOHS) or other agencies. He stated
that considering the matter on February 21 would allow the Board to have
additional information, and, without the full staff report, he would have difficulty
evaluating the concept. He expressed concern that the Board's endorsement may
commit an unknown amount of staff time to move forward with the project.
Member Pilecki stated his concern that the District is over - studying the concept,
noting that only a conceptual endorsement is being asked to allow the farm's
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proponents to raise money, and that it is implied that the Board only supports the
concept on the condition that it meets other criteria to be set down the road.
President Nejedly noted that there are still issues to be resolved, and there is time
to clarify those issues. In response to a question from Member Causey about the
staff time involved in clarifying the issues, President Nejedly said he would expect
staff to give equal attention to evaluating all proposals for use of the Kiewit
property. Member McGill stated that if there is specific interest in the farm
proposal, he would prefer that staff focus its efforts on obtaining answers to the
questions raised about that proposal before entertaining other proposals, which
may or may not be viable. Assuming no insurmountable hurdles, he hoped that
approval of the farm project then would be put to a Board vote. President Nejedly
did not share this viewpoint and Member Williams expressed concern that, by
conceptually endorsing the farm, the Board would be excluding other options for
the property, without knowing what those options are.
It was moved by Member McGill and seconded by President Nejedly to accept the
recommendation of the Enterprise Committee to move up consideration of
conceptual endorsement of the CoCo Sustainable Farm proposal to this meeting.
Motion passed by the following vote of the Board:
AYES: Members: McGill, Pilecki, Nejedly
NOES: Members: Causey, Williams
ABSTAIN: Members: None
1) Consider conceptual endorsement of the CoCo Sustainable Farm proposal
and, if endorsed, provide appropriate direction to staff (such as initiating the
lease process, permitting process, or undertaking other planning activities).
Provisional General Manager Curt Swanson stated that staff and Counsel
determined that the Board could not conceptually approve a farm proposal
until California Environmental Quality Act (CEQA) and other processes are
conducted. However, the Board could conceptually endorse the farm in a
non - binding action. District Counsel Kent Alm clarified that the Board was
not being asked to approve the farm proposal, but may direct staff to file
permits, proceed in obtaining additional information for the Board, better
define the project, or any other action to assist the Board with analyzing the
proposal. Ultimately, the vote would be on the general concept being a good
one, and, at best, to give direction to staff to proceed at a normal or
expedited pace.
Environmental Services Division Manager Danea Gemmell provided a
history and background on the proposal from the CoCo San Sustainable
Farm to utilize the entire 33 -acre Kiewit property site for a demonstration
garden with produce raised for area schools and the Contra Costa Food
Bank. They estimated they would need to raise $200,000 to operate for the
first 15 months, not including payments to the District. Initially, the District
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would provide the land and recycled water either free of charge or below
market rates to serve the farm, as well as in -kind staff services.
Development costs are uncertain, but the proponents have been looking to
fund the project by donations. The potential benefits to the District would be
to demonstrate the use of recycled water for agriculture as a resource,
educate the public, perform outreach, give goodwill to the community, and
enhance public relations.
Development steps would include the County Land Use Permit requiring a
$2,700 deposit, application, full project description and site plans; CEQA
Negative Declaration or Exemption, traffic impact fees and circulation, Storm
Water Pollution Prevention Plan (SWPPP), and Airport Land Use
Commission Review. She outlined restrictions by the Airport Safety Zone,
noting a maximum density of 30 people per acre and a height limitation of
two stories. Samples of the Kiewit area road dust were collected from the
County Quarry road sweeper and analyzed by a local laboratory. Most
detected metals were present at low background levels that would normally
occur in soil, and only mercury was above background level, but below
Regulatory Levels for worker exposure.
Member McGill stated that he would be in support of moving forward with
conceptual endorsement of the farm proposal.
In response to a question from Member Williams as to whether this project
would amount to a gift of public funds, District Counsel Kent Alm said the
issue is whether the public purpose would be served. It would be technically
permissible to rent land at less than its fair market value under the gift of
public funds regulations if a strong nexus can be found between one of the
District's purposes and the benefits being received. The District would have
to examine the lease and find justifiable consideration, but Mr. Alm said he
did not find anything that could not be overcome, if that was the direction of
the Board, and if the Board were willing to make findings in that regard.
Member Williams noted that, with upcoming recycled water projects already
scheduled and existing recycled water customers already connected, the
District is not in need of a way to promote the use of recycled water. He
stated that, while he likes the farm in concept, he sees a significant amount
of staff time already spent and on the horizon; potentially large out -of- pocket
costs the District does not fully understand; and a lack of a firm assessment
of the liability and risks. He noted that, while voting against the proposal
may reflect poorly on the Board as individuals, the Board has a responsibility
to its ratepayers to follow the rules. He stated that he would not be voting to
conceptually endorse the proposal and urged his fellow Board Members to
look at their duties and vote appropriately.
Member Causey added to Member Williams' concern regarding staff time
and noted that endorsing the farm may not be fair to other interested parties
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in the property. He believed the District should have an open competition for
use of the property, and conceptual endorsement may make it difficult to
vote against going forward with the project at a later date. He stated that he
would like all the facts before going forward, and he would be amenable to
consider the endorsement in February if the Board receives the information
requested by then.
Mr. Frank Gorham, representing the Pleasant Hill Martinez Soccer
Association ( PHMSA), described his organization as a non - profit bringing
soccer to 2,200 children ages 5 -19 years old. He stated that he previously
appeared before the Board with a need for more active playing fields,
requesting lease opportunities for the Kiewit parcel. He noted that the
PHMSA has an outstanding proposal for the property, and, while not
opposed to the farm proposal, he was concerned that the Board's
endorsement of the farm would end his quest for more soccer fields on the
property. He asked the Board to delay its vote on the conceptual
endorsement to give staff time to negotiate a mutually - beneficial solution for
the 33 acres, or to conditionally approve both proposals so both would be on
equal footing to raise money. He requested the Board consider his
constituents and the PHMSA's mission, which he described as similar to the
Farm's.
Member Williams stated that, as a public agency, the District should not
exclude another interested parties whose mission is aligned with the
District's, noting that the soccer fields would also use recycled water.
Dr. Carolyn Phinney stated her opinion that Assistant Director of Airports
Betty Lee would not approve the PHMSA's proposal, due to the density of
children. She also stated that Bethallyn Black would not be willing to share
the property with a large group of children due to the intrinsically dangerous
nature of the farm, which requires her supervision. She stated that she
could not agree to share the property for those reasons. She also
distributed a written list of reasons she believed the farm achieves the
District's stated mission and goals and noted that there are interested
members of the public and legislative support for the project.
District Counsel Kent Alm stated that Director of Airports Keith Freitas did
not decline the PHMSA's proposal, but the County Airport Land Use
Compatibility Plan mandates that there cannot be more than 30 people per
acre, with a provision to appeal to raise the limit to 45.
Mr. Gorham stated that, having met with the Airport Planning Commissioner,
he has run the calculations and concluded that the density requirements
could be met. He advocated mixed use of the property, noting that the
soccer fields would not be in use all day.
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President Nejedly stated that there are three proposals: the farm, a soccer
field, and the development of a clean fill /dirt project. He noted that the
District has received significant revenue with the potential for more with the
latter proposal, and the Board would be remiss in conceptually endorsing the
farm and not the other two. He stated that he did not see an issue in a
mixed use of the property, and he would be willing to vote conceptually on
the ideas, as long as they were all included.
Member McGill stated that he liked the idea of conceptually endorsing the
farm in a non - binding way and directing staff to do the necessary work,
without excluding the other proposals. He posed the question of how to
make the farm work and what would happen to the balance of the land.
It was moved by Member Williams to issue a brief RFP to be advertised for
two weeks. He advocated this as the normal process of a public agency and
stated that the District needs to notify more potential tenants of its existence.
Motion died for lack of second.
Member Causey stated that the District needs to determine the best use for
the property, whether it be one proposal that fits all, or a synergy between
groups to break the property into multiple leases. He noted that the District
owns other properties, one of which could house the farm. He stated that he
did not believe two weeks to be an adequate amount of time for an RFP,
noting that the District already has one from the PHMSA. He stated that
perhaps the Enterprise Committee ought to consider that proposal again.
It was moved by Member McGill to endorse the farm proposal in a
conceptual and non - binding manner; direct staff to work with the proponents
to develop a project description and budget, environmental documents, and
submission of an agricultural Land Use Permit; and direct staff to bring the
project proposal back to the Board for final consideration at a later date. He
stated that the motion does not preclude other proposals but is for the
purpose of getting a defined project and working out the economics and
terms of the lease. He stated that he was convinced the District will lose the
farm proposal and whatever goodwill it would bring if the Board did not vote
at this meeting to endorse it. Motion died for lack of second.
Member Pilecki encouraged the Farm and PHMSA to share the property and
split costs, noting that this was an ideal opportunity to work together and
offer the District an opportunity to promote itself.
It was moved by Member Pilecki and seconded by Member McGill to
conceptually endorse the CoCo San Sustainable Farm, PHMSA, and fill /dirt
or other commercial proposals for a possible mixed use of the property.
Member Causey requested that staff time assessing any proposals for future
use of the District's Kiewit property be tracked.
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Member Pilecki amended his motion to restrict staff to only perform work
related to CEQA. Other work, such as assessing traffic impact fees and
obtaining County land use permits, should be at the expense and effort of
the other parties. He asked that the District limit its costs to about $15,000.
Member McGill seconded the amendment.
President Nejedly said he would vote against placing restrictions on who
pays for the ordinary costs associated with a lease proposal because it
deviates from the District's normal procedures with excess property and
other projects. He agreed that the District should track all costs and recover
them in the lease rates, as has been the practice.
Member Pilecki added another amendment to his motion to track costs, not
restrict them, and recover them in the lease revenues.
Engineering Assistant III Russ Leavitt noted that, if staff looks at the three
proposals, the Board would need to form an endorsement to go ahead with
all three or drop one or more to focus the CEQA. Otherwise, the project
would be too vague.
Member McGill requested that staff form a definable project on which to do
the CEQA.
It was moved by Member McGill and seconded by Member Pilecki to
conceptually endorse the following three proposals for use of the Kiewit
property, direct staff to further develop each proposal for presentation to the
Enterprise Committee, and direct staff to track time and costs associated
with developing these proposals for cost recovery upon lease of the
property: (1) CoCo Sustainable Farm proposal; (2) PHMSA soccer fields
proposal; and (3) Clean fill /dirt quarry or other commercial proposal. The
motion passed by unanimous vote of the Board.
President Nejedly left the meeting at this time, and President Pro Tern
Williams assumed the duties of the Board President.
. TREATMENT PLANT
a. ACCEPT THE 2012 NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM ( NPDES) REPORT
Provisional Plant Operations Division Manager Alan Weer submitted a series of
slides highlighting the performance of the Treatment Plant and the contents of the
NPDES Report, which is ready for submission to the California Regional Water
Quality Control Board (RWQCB). The presentation indicated that the plant treated
13.7 billion gallons of water in 2012, with an average daily flow of 37.6 million
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gallons. In 2012, the peak hourly flow was at the level of 183 million gallons per
day. In terms of ash disposal, 3,700 tons (wet weight) were disposed of for use as
soil amendment.
Mr. Weer's slides indicated the laboratory completed over 15,000 analyses in 2012,
which equated to approximately 11,000 hours of laboratory work. The Outfall
Improvements Project was successfully completed; there was 100 percent
compliance with NPDES Permit requirements, and 15th consecutive year winning
the NACWA Platinum Award.
It was the consensus of the Board to accept the District's 2012 NPDES Report.
It was moved by Member McGill and seconded by Member Pilecki to accept the
2012 National Pollutant Discharge Elimination System ( NPDES) Report. Motion
passed by unanimous vote of the Board.
9. EMERGENCY SITUATIONS REQUIRING BOARD ACTION
None.
10. SUGGESTIONS FOR FUTURE AGENDA ITEMS
Member Causey suggested that the Board convene in a Workshop to review the District's
background and philosophy, particularly in relation to long -term financial planning.
Member Pilecki added that he would like to go over the District's strategic goals and plans.
Member McGill asked to consider the District's mission statement, its policies and
priorities, noting that, as a new Board, the Board Members should look at all these as a
package and learn how the District has gotten to where it is. Member Williams directed
that, by consensus of the Board, staff schedule a Board Workshop in the next several
months.
11. ADJOURNMENT
There being no further business to come before the Board, President Pro Tern Williams
adjourned the meeting at 4:45 p.m.
James A. Nejedly
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
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COUNTERSIGNED:
Elaine R. Boehme, CIVIC
Secretary of the District
Central Contra Costa Sanitary District
County of Contra Costa, State of California
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