Loading...
HomeMy WebLinkAboutBOARD MINUTES 07-25-13 (Special)MINUTES OF THE SPECIAL MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JULY 25, 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, July 25, 2013. President Nejedly called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Causey, McGill, Pilecki, Williams (arrived 2:02 p.m.), 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 June 20, 2013 Board meeting. b. Approve expenditures dated July 25, 2013. Reviewed by Budget and Finance Committee. C. Confirm publication of summary of uncodified District Ordinance No. 276 adopting an updated "Schedule of Environmental and Development - Related Rates and Charges" in accordance with District Code Chapter 6.30. d. Confirm publication of summary of uncodified District Ordinance No. 277 adopting an updated "Schedule of Capacity Fees, Rates and Charges" in accordance with District Code Chapter 6.12. It was moved by Member Causey and seconded by Member Pilecki to adopt the Consent Calendar as recommended. Motion passed by unanimous vote of the Board. Book 62 — Page 264 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 25, 2013 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Item 5.a.1) was taken out of order to accommodate a member of the public who was present. Item 10.a. was also taken out of order because District Counsel Kent Alm needed to leave the meeting immediately following the closed session. 5. PUBLIC HEARINGS a. CONDUCT PUBLIC HEARINGS ON THE FOLLOWING MATTERS BOTH REVIEWED BY THE BUDGET AND FINANCE COMMITTEE: 1) CONSIDER ADOPTING RESOLUTION 2013 -018 DIRECTING THAT DELINQUENT CHARGES BE PLACED ON THE FISCAL YEAR 2013 -14 CONTRA COSTA COUNTY PROPERTY TAX ROLL FOR COLLECTION Provisional General Manager Curt Swanson said staff has been working to collect capacity and other types of fees owed to the District. While many property owners have paid their fees, some have not, and those unpaid fees are now delinquent. Engineering Assistant Earlene Millier reviewed the delinquency process in terms of how staff confirms that fees are owed, the process staff uses to collect past due fees, and the circumstances under which each delinquent fee was owed. She explained that after repeated attempts by staff to collect delinquent charges from property owners, it had become necessary to place those charges on the tax roll for collection. To accomplish that, a public hearing was required, followed by adoption of a resolution by four affirmative votes. The public hearing was opened. Nancy G. Martin, property owner of 3382 Johnson Road in Lafayette said she was unaware of the delinquent charges related to her property. When construction work was done at her home, she believed she had followed all protocol by taking the plans to the appropriate agencies for approval and signoff. She indicated that somehow, the District never signed off on the final paperwork. Ms. Martin requested that the Board postpone action with respect to her property to allow time for her to work with staff to resolve the outstanding charges. The public hearing was closed. President Nejedly remarked that staff had done an excellent job in its attempts to collect the past due fees. Ms. Millier pointed out that the deadline for late submission of delinquent charges to be placed on the tax roll is October 20, 2013, and would include the payment of a nominal fee. Book 62 — Page 265 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 25, 2013 It was moved by Member Causey and seconded by President Nejedly to adopt Resolution 2012 -018 directing that all outstanding delinquent charges be placed on the Fiscal Year 2013 -14 Contra Costa County property tax roll for collection, with the following exception: the public hearing on the outstanding delinquency for the property located at 3382 Johnson Road in Lafayette was continued to September 5, 2013. Motion passed by unanimous vote of the Board. 2) CONSIDER ADOPTING RESOLUTION 2013 -017 DIRECTING THAT THE FOLLOWING ITEMS FOR FISCAL YEAR 2013 -14 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. The public hearing was opened and closed without comment. It was moved by Member McGill and seconded by President Nejedly to adopt Resolution 2013 -017 directing that the Fiscal Year 2013 -14 Capacity Use Charges, assessments for CADs, AVADs, and 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. In response to a question from Member Causey, District Counsel Pro Tern Jennifer Faught said that the California Street and Highways Code requires that a public hearing be held before these assessments can be placed on the tax roll. b. CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTING THE FOLLOWING FOR THE ST. MARY'S ROAD CONTRACTUAL ASSESSMENT DISTRICT (CAD) NO. 2011 -1 IN LAFAYETTE, DISTRICT PROJECT 6513: 1) RESOLUTION 2013 -019 CONFIRMING AND LEVYING FINAL ASSESSMENTS; 2) RESOLUTION 2013 -020 DIRECTING THAT THE FISCAL YEAR 2013 -14 ASSESSMENTS BE PLACED ON THE CONTRA COSTA COUNTY PROPERTY TAX ROLL FOR COLLECTION; AND Book 62 — Page 266 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 25, 2013 3) UNCODIFIED ORDINANCE NO. 279 TO ESTABLISH REIMBURSEMENT FEES FOR THE PROPERTIES WHICH COULD DIRECTLY CONNECT TO DISTRICT PROJECT 6513 (ST MARY'S ROAD CAD NO 2011 -1) Engineering Assistant III Russ Leavitt stated that the total project cost for the St. Mary's Road Contractual Assessment District (CAD) in Lafayette was $386,660. The CAD encompasses 13 parcels, including owners of six properties as the initial participants. He said the City of Lafayette was paying for two of the shares for two connections for ball fields located within the CAD. Owners of seven properties elected not to participate in the CAD and will be subject to paying a reimbursement fee upon connection. Two private property owners, the City of Lafayette and the District, covered the costs of the non - participants and will share the paid reimbursement fees proportionately. A public hearing and a resolution were required to direct that the Fiscal Year 2013 -14 assessments for the St. Mary's Road CAD be collected on the Contra Costa County tax roll for collection and to establish reimbursement fees for the seven properties that did not voluntarily participate in the assessment process and, thus, would not be assessed at this time. The reimbursement fees will be due to the District when these non - participant properties connect to the public sewer system. The public hearing was opened and closed without comment. It was moved by President Nejedly and seconded by Member Causey to adopt Resolution 2013 -019 confirming and levying final assessments; Resolution 2013 -020 directing that the Fiscal Year 2013 -14 assessments be placed on the Contra Costa County Property tax roll for collection; and uncodified Ordinance No. 279 establishing reimbursement fees for the properties which could directly connect to District Project 6513 (St. Mary's Road CAD No. 2011 -1). Motion passed by unanimous vote of the Board. 6. REPORTS a. GENERAL MANAGER 1) Final report on recent emergency situation involving Dissolved Air Flotation tank, District Project 7265 Provisional General Manager Curt Swanson stated that on May 2, 2013, the Board declared an emergency to allow immediate repairs to Dissolved Air Flotation (DAF) Tank No. 1, which failed catastrophically on April 19, 2013. The emergency situation was terminated on June 20, 2013. Provisional Plant Maintenance Superintendent Donald Parker presented an update regarding final costs and lessons learned from the tank failure. Repair costs totaled $233,637, $156,855 of which was paid to the contractor. Equipment purchases (new arms), consultant/inspection services, engineering and Capital Projects staff work made up the balance. Book 62 — Page 267 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 25, 2013 Mr. Parker said an American Petroleum Institute (API) certified inspector with several years of experience will regularly inspect the DAF tanks in the future. The District's inspectors have also been trained to look for various types of corrosion and possible equipment failures. He also explained in detail the additional components that have been added to the yearly preventative maintenance work to be conducted on the tanks. Member Pilecki asked what it would take to train one of the District's inspectors to become API certified so that service did not have to be contracted out. Mr. Parker said that was an idea worth exploring, adding that it will take several years of experience before any of the District's inspectors could become API certified. Member McGill commented that the DAF tank emergency was well handled by the District and complimented staff on its handling of the situation. 2) Update on Concord Naval Weapons Station development Provisional General Manager Curt Swanson stated that after a portion of the Concord Naval Weapons Station was approved for closure by the U. S. Department of Defense in 2005, the City of Concord commenced planning for the eventual use of this 5,046 -acre site with a Reuse Area Plan, which was adopted as part of the City's 2030 General Plan. The Reuse Area Plan sets forth a program for conservation and development that divides the Concord Naval Weapons Station into diverse "Development Districts" that include neighborhood villages, transit - oriented districts, business districts, community facilities, and conservation areas. Environmental Services Division Manager Danea Gemmell stated that 60 percent of the land is dedicated as open space, and 12,200 housing units are planned with build -out expected until 2040. Community input yielded aggressive goals for the project, by reducing greenhouse gas emissions and including a first responder training site. The City adopted the Plan, and the District has offered sewer and recycled water service to the development; however, the 180 -foot difference in elevations will require a force main. The City has proposed offsite improvements for gravity flow, costing $13 million, and upsizing the pipe for non - gravity flow, costing an additional $2 million. The City has estimated total infrastructure costs at $700 million. Given that total capital costs for recycled water to the site are estimated at $44 million, the City has proposed using potable water at first, then possibly switching in the future. During Phase 1, which is expected to last 10 -12 years, there will be a gravity sewer through Concord, possible reuse of existing water tanks, and use of potable water versus recycled water. Member Williams noted that this development is an opportunity for the District to step back and let the Contra Costa Water District (CCWD) take responsibility for promoting the use of recycled water. Book 62 — Page 268 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 25, 2013 Member Pilecki noted that a situation could occur where the District does not receive connection fees, and the development could potentially push the plant beyond its current capacity, especially in solids handling, and the limits of the District's Environmental Impact Report (EIR). He stated that this, as well as potential impact on the District's finances and future rates, should be considered as part of the negotiations with the City of Concord. Member Causey suggested that a separate enterprise fund for recycled water be established for better cost tracking. 3) Update on housing and retail developments within District boundaries Senior Engineer Tom Godsey stated that housing and retail development has increased recently within the District's service area. He listed future connections expected in Walnut Creek (Brio Apartments, Third Avenue Apartments, and The Village Mixed Use), Lafayette (Merrill Gardens), and Orinda (Wilder and Orinda Grove) whose fees have yet to be paid. He noted that since the Marquis Townhomes in Lafayette are being built on the site of the former Hungry Hunter restaurant, no resultant capacity fees will be charged, as there is a credit on the parcel. The North Main Apartments in Walnut Creek have been paid and were connected in June 2013. In 2013, 810 Residential Unit Equivalents (RUEs) were budgeted at $4.4 million, and 937 RUEs at $5.4 million were received. In 2014, 800 RUEs have been budgeted, with 542 major RUE connections projected. Mr. Godsey also described the status of the developments in the Dougherty Valley in San Ramon, which will extend to 2021. The Windemere development is complete and the Shapell development is still under construction. Other long -term projects, all in developments in Walnut Creek, include a Broadway Plaza expansion, housing near the Bay Area Rapid Transit (BART) station, and mixed -use development at 1500 North California Boulevard. 4) Announcements The following written announcements were included with the agenda packet: a) Staff Promotion of Jim Wan to Chemist III, effective July 18, 2013. b) Recap of Contracts signed by General Manager during second quarter 2013 c) Employees to attend Water Environment Federation Technical Exhibition and Conference (WEFTEC) in Chicago, Illinois from October 5-9,2013 The following additional announcement was distributed at the meeting: Book 62 — Page 269 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 25, 2013 d) Public bidding for purchase of Variable Frequency Drives for Fairview and Maltby Pumping Stations, in conjunction with District Project 5941 No other announcements were made at the meeting. b. COUNSEL FOR THE DISTRICT No reports. C. SECRETARY OF THE DISTRICT Secretary of the District Elaine Boehme reminded the Board Members that their Form 460s and 470s are due to the County by the end of July. 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 Causey Member Causey reported on the July 14 -17, 2013 National Association of Clean Water Agencies (NACWA) Conference in Cincinnati, Ohio. Member McGill Member McGill reported on the July 11, 2013 Contra Costa County Mayors Conference hosted by the City of El Cerrito, featuring Bay Area Rapid Transit (BART) General Manager Grace Crunican; the July 15, 2013 California Special Districts Association (CCSDA) Quarterly Chapter meeting; and the July 17, 2013 East Bay Leadership Council Reception for John Gioia, Contra Costa County Supervisor. Member McGill and President Nejedly reported on the July 18, 2013 Enterprise Committee meeting and summarized the Action Summary. The Board received the report without comment. Member McGill and President Nejedly also reported on the July 23, 2013 Budget and Finance Committee meeting and summarized the Action Summary. The Board received the report without comment. Member Williams Member Williams reported on the July 14 -17, 2013 National Association of Clean Water Agencies (NACWA) Conference in Cincinnati, Ohio. Book 62 — Page 270 None. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 25, 2013 Member Williams and Member Pilecki reported on the July 23, 2013 Human Resources Committee meeting. The Board received the report without comment. 2) Provide direction to Member McGill, the District's representative and voting delegate for the Contra Costa Chapter of the California Special Districts Association (CSDA), on how to vote at the upcoming CSDA Election for Representative of Region 3, Seat B Member McGill stated three candidates were running for the seat in the upcoming CSDA Election, and his recommendation was to cast the District's vote for incumbent Sherry Sterrett, a long- standing, dedicated representative who has contributed greatly to the organization over the years. The Board concurred with Member McGill's recommendation to vote for incumbent Ms. Sterrett. 3) Announcements None. 7. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 8. SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Pilecki requested a report on the consequences to the District of the recent ruling in the Environmental Protection Agency (EPA) litigation involving the deferral rule regarding greenhouse gas (GHG) permitting requirements for biogenic emissions. 9. ANNOUNCEMENT OF CLOSED SESSION (Pursuant to Government Code Section 54957.7) District Counsel Kent Alm announced Closed Session Item 10.a. 10. CLOSED SESSION Item 10.a. was taken out of order at the request of District Counsel Kent Alm. The Board met in closed session with Mr. Alm at 2:12 p.m. regarding the following matter: a. Conference with Legal Counsel - Anticipated Litigation - significant exposure to litigation pursuant to Government Code Section 54956.9(b): One Potential Case — California River Watch Book 62 — Page 271 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 25, 2013 The Board recessed at 2:46 p.m. to reconvene in open session. Mr. Alm left the meeting and his associate, Jennifer Faught, replaced him on the dais. 11. REPORT OUT OF CLOSED SESSION District Counsel Kent Alm reported than no reportable action was taken in closed session. 12. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned the meeting at 4:05 p.m. JamearA. 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 County of Contra Costa, State of California Book 62 — Page 272