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HomeMy WebLinkAboutBOARD MINUTES 11-20-14MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON NOVEMBER 20, 2014 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, November 20, 2014. President Williams called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Causey, Nejedly, McGill, Pilecki, Williams 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 expenditures dated November 20, 2014. Approval recommended by Finance Committee. b. Adopt Resolution 2014 -046 accepting two grants of easement from Fong Wan and Jane Wan (Parcels 2A and 2B), property owners at 3969 S. Peardale Drive in Lafayette and authorizing the execution of a quitclaim deed to the same property owners related to the Lafayette Sewer Renovations, Phase 8, District Project 8404; and authorizing staff to record documents with the Contra Costa County Recorder. C. Adopt Resolution 2014 -047 accepting offers of dedication from Pulte Home Corporation, Job 6494, Parcel 2; C.J. La Montagne and Judith La Montagne (Orinda), Job 6473, Parcel 2; Oak Grove Group, LLC (Walnut Creek), Job 6475, Parcel 3; Shapell Industries, Inc. (San Ramon), Job 6541, Parcel 2; and Arbor View Estates, LLC (Lafayette), Job 6542, Parcel 2; and authorizing staff to record documents with the Contra Costa County Recorder. Book 63 — Page 218 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of November 20, 2014 d. Approve amendments to the Memoranda of Understanding (MOUs) with the District's bargaining units to delegate to the General Manager the authority to approve any unpaid leave of absence exceeding 30 days. Approval recommended by Administration Committee. e. Approve amendments to the MOUs with the District's bargaining units to correspond with an amendment to the Health Flexible Spending Account (FSA) component of the District's Section 125 Cafeteria Plan to allow employees to elect the entire amount contributed by the District to the Plan as cash, effective January 1, 2015, to bring the FSA into compliance with the Affordable Care Act. Approval recommended by Administration Committee. f. Adopt proposed new Board Policy (BP) 015 -Asset Management, effective November 20, 2014. Approval recommended by Engineering & Operations Committee. It was moved by Member Causey and seconded by Member Nejedly 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. HEARING a. CONSIDER AN APPEAL BY DR. H. JAY KERR OF STAFF'S DENIAL OF HIS REQUEST FOR A WAIVER OF THE DISTRICT'S CAPACITY FEES OF $2,158.20 FOR EXPANSION OF AN EXISTING COMMERCIAL USE AT 2000 BISHOP DRIVE, SAN RAMON District Counsel Kent Alm stated that, according to California statutory law, if an attorney has provided advice to staff on a matter which is subsequently appealed, where counsel has been operating in a quasi-judicial manner in assessing the appeal, the same attorney who advised staff ought not to advise the body making the ruling on the appeal (in this case, the Board). With that, Mr. Alm recused himself from the item, and Lauren Quint, Associate at Meyers Nave, served as District Counsel. Engineering Assistant III Earlene Millier provided background on the property, the Bishop Ranch Veterinary Center & Urgent Care. In September 2014, an application was filed for an additional building to house a pet crematory and storage space for pet supplies, with no water or sewer connections and no structural connection to the existing building. Staff determined that the addition represented an expansion of an existing commercial facility and charged Book 63 — Page 219 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of November 20, 2014 $2,158.20 in capacity fees at the Light Industrial rate. That fee was paid and the business owner is now requesting a refund. The hearing was opened. Dr. H. Jay Kerr, a co -owner of the property, complimented District staff on its customer service. He acknowledged that, as a Board Member himself of the San Ramon Valley Fire Protection District, he understood the District's need to recover its costs. Primarily, he wished to clarify his opinion that the building did not represent an expansion of his facility or a significant increase in usage. He described the property as a warehouse and a small crematory and stated that the City of San Ramon zoned it as an accessory building. He assured the Board that the use of the building would not change without his returning to the District for another permit. Member Nejedly stated that he sympathized with much of what Dr. Kerr said, but he was dubious of Dr. Kerr's claim that the building would not create more water usage, especially for the crematory. Member Causey posed that, if another business were to move in and change the water usage of the facility, the District would not know and would not have collected the appropriate capacity fees to recover its costs. Dr. Kerr responded that the scenario described by Member Causey would be unlikely, since he and his associates own the building. Member Pilecki noted that since the business itself is expanding, more clients would be expected, which would, in theory, create more usage. Dr. Kerr replied that it was not the veterinary clinic being expanded, and the public would not have access to the new building. President Williams proposed that the District could look into conducting a special study, if requested by Dr. Kerr. Dr. Kerr replied that he had considered that and came to the conclusion that the study would likely cost more than the fees in question and would take a long time to complete. The hearing was closed. Member McGill said that he has been on the other side of matters like these. As an engineer, he stated that calculating commercial sizing is difficult. Sometimes the usage calculation does not seem to make sense, but if staff does not use the system, the amount needed by the District to reimburse other entities may not be collected. He stated that he understood staff's recommendation, and it was, in his opinion, consistent from the beginning of the process to the end. Member McGill stated that he would therefore support staff's recommendation. It was moved by Member McGill and seconded by Member Causey to deny the request for waiver of capacity fees and affirm staff's decision that it is appropriate Book 63 — Page 220 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of November 20, 2014 to assess a capacity fee for the additional commercial building. Motion passed unanimously by roll call vote of the Board. Member Nejedly stated that he would be interested to see how the usage has changed, if at all, over the next six months, since that information could help with these sorts of cases in the future, from an educational standpoint. Ms. Millier confirmed that staff could easily produce that information, since the billing of Dr. Kerr's property is based on usage. Mr. Alm resumed his role as District Counsel at the conclusion of this item, and Ms. Quint left the meeting. 6. REPORTS a. GENERAL MANAGER 1) Receive update and seek Board direction on proposal from Mike McCoy of Mesa Outdoors to place a billboard on the Kiewit property. Environmental Services Division Manager Danea Gemmell stated that the Real Estate, Environmental & Planning Committee referred this item to the Board. She stated that the District could receive up to $36,000 in revenue per year and be able to use the billboard for free public messaging as it becomes available, or for a specific month or months, depending on what is agreed upon in negotiations. Member McGill stated that when the item was reviewed by the Real Estate, Environmental & Planning Committee, he was concerned about the aesthetics of billboards. Citing Lady Bird Johnson and the Highway Beautification Act, he described billboards on freeways as eyesores and not worth the effort for the amount of potential revenue, and clarified that he was not seeking a higher revenue amount. He noted that the District is trying to upgrade the area next to the marsh, where the billboard would be installed. Member Nejedly said that, at first, like Member McGill, he was concerned about the aesthetics, but having seen some of Mesa Outdoors' billboards, he believed they are well done compared to others. He added that he believed the proposed lease term of ten years would pass quickly and the potential revenue is money the District may not otherwise have. He proposed seven to ten years as an alternate term for a potential lease. President Williams asked if the District would have approval of the messages posted on the billboard. Having been involved in negotiations during his time at East Bay Municipal Utility District (EBMUD) on a similar Book 63 — Page 221 .r — CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of November 20, 2014 lease, he also encouraged the District to take a look at the market, to see if it could obtain better offers. District Counsel Kent Alm noted that the lease with the CoCo San Sustainable Farm gave the District approval of any billboard or signage. Member Causey suggested that the District could have two to three standard messages available for short-term postings. Member McGill stated that he was prepared to vote no on the billboard, but if there was sufficient interest from the Board to proceed, he encouraged the other Board Members to look at billboards in person and asked staff to bring back more information and detail on the proposed lease terms. Member Nejedly stated that he would support the item, but he agreed with the suggestions made by Member McGill on how to proceed. Ms. Gemmell stated that staff would provide the information requested to the Board via the Real Estate, Environmental & Planning Committee. 2) General Manager Announcements None. b. COUNSEL FOR THE DISTRICT District Counsel Kent Alm stated that an item has arisen regarding a water line break caused by a District contractor working on the North Orinda Sewer Renovations, Phase 5, District Project 8411, which caused substantial damage to the property at 69 La Espiral in Orinda. The damage occurred before the agenda posting deadline; however, since that time, estimates of costs for cleanup and other work have been received which exceed staff's authority. Therefore, staff requires Board authorization or a declaration of emergency. In addition, the property owner's position has changed with regard to her leasing an alternative property for a year at a cost the District has not authorized. The next scheduled Board meeting is on December 4, 2014, before which money will run out from the emergency cleanup fund. Mr. Alm then announced that there was a need to add the following urgency item by a two- thirds vote of the Board, in accordance with Government Code Section 54956.9: Conference with Legal Counsel - Anticipated Litigation - significant exposure to litigation pursuant to Government Code Section 54956.9(b): • 69 La Espiral in Orinda. Book 63 – Page 222 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of November 20, 2014 It was moved by Member McGill and seconded by Member Pilecki to find that the need to consider the item arose after the agenda posting deadline of 72 hours before the regular meeting; there was an immediate need to take action before the next regularly scheduled Board meeting; and a closed session item should be added as an urgency item at the end of the agenda, as recommended by District Counsel. Motion passed by unanimous vote of the Board. C. SECRETARY OF THE DISTRICT Secretary of the District Elaine Boehme announced the upcoming meetings of the Engineering & Operations and Finance Committees on November 24, 2014 and the Administration Committee meeting on November 26, 2014. 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 and Member Nejedly reported on the November 12, 2014 Finance Committee meeting. The Board received the report without comment. Member McGill Member McGill and Member Pilecki, who served as Alternate for Member Nejedly, reported on the November 5, 2014 Real Estate, Environmental & Planning Committee meeting. The Board received the report without comment. Member McGill also reported on the November 6, 2014 Contra Costa County Mayors Conference hosted by the City of Brentwood featuring a presentation by Supervisor Mary Piepho on The Bay -Delta Plan and Related Water Issues. Member McGill and President Williams reported on the November 7, 2014 Administration Committee meeting. The Board received the report without comment. Member McGill also reported on the November 13, 2014 Industrial Association of Contra Costa County (IACCC) November Forum Annual Supervisors Luncheon; November 18, 2014 Planning meeting of Contra Costa Chapter of California Special Districts Association; and Book 63 — Page 223 None. None. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of November 20, 2014 November 18 -20, 2014 California Public Employers Labor Relations Association (CALPELRA) Conference in Monterey. 2) Announcements Member McGill provided a written report covering his announcements and other meetings. 3) Board Member requests for advance authorization to receive a stipend for meeting attendance not specifically addressed in the current Board Compensation Resolution None. 7. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 8. SUGGESTIONS FOR FUTURE AGENDA ITEMS 9. ANNOUNCEMENT OF CLOSED SESSION (Pursuant to Government Code Section 54957.7) District Counsel Kent Alm announced Closed Session Item 10.a., which was added by the Board as an urgency item earlier in the Board meeting. 10. CLOSED SESSION The Board recessed at 2:56 p.m. to reconvene in closed session in the Caucus Room regarding the following matter: a. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B): 69 LA ESPIRAL IN ORINDA The Board recessed at 3:55 p.m. to reconvene in the Board Room in open session. None. 11. REPORT OUT OF CLOSED SESSION Book 63 — Page 224 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of November 20, 2014 12. ADJOURNMENT There being no further business to come before the Board, President Williams adjourned the meeting at 3:55 p.m. David R. Williams President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: ban Elaine R. Boehme, CIVIC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Book 63 — Page 225