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HomeMy WebLinkAboutBOARD MINUTES 03-19-15MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MARCH 19, 2015 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, March 19, 2015. President McGill called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Causey, Pilecki, Williams, McGill ABSENT: Members: Nejedly a. PLEDGE OF ALLEGIANCE TO THE FLAG The Board and staff joined in the Pledge of Allegiance. b. INTRODUCTION None. The Board welcomed new employee Christopher B. Thomas, Senior Accountant, effective March 9, 2015. 2. PUBLIC COMMENTS 3. CONSENT CALENDAR a. Approve minutes of February 19, 2015 Board meeting. b. Approve expenditures dated March 19, 2015. Approval recommended by Finance Committee. C. Receive 2014 Annual Report of the ICMA Deferred Compensation Plans. Reviewed by Finance Committee. d. Adopt following updated Board Policies (BP); approval recommended by Administration Committee: • BP 006 — Records Management Program (formerly named Records Retention Schedules) • BP 007 — Teleconferencing Policy Book 64 — Page 26 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of March 19, 2015 e. Adopt updated BP 011 — Policy for the Submission and Tabulation of Proposition 218 Notice Protests. Approval recommended by Administration Committee. Approve the hiring of 30 students for seasonal employment and authorize the hiring of students to fill 9 co -op positions for Fiscal Year (FY) 2015 -16. Approval recommended by Administration Committee. g. Reject all bids received for construction of the Treatment Plant Safety Enhancements, Phase 4, District Project 7311. Reviewed by Engineering & Operations Committee. h. Adopt Resolution No. 2015 -006 increasing the cost limit from $650,000 to $750,000 for sole- source payments to Solar Turbines, Inc. under the Cogen Controls Upgrade, District Project 7308; and rescind Resolution No. 2013 -032. Approval recommended by Engineering & Operations Committee. With respect to Item 3.f., President McGill mentioned that while the Administration Committee recommended Board approval of the item, it also recommended that future approvals of both the staffing plan and hiring of seasonal employees and co -ops be wrapped into the budget approval process, so long as the information is sufficiently evident in the budget documents. He said staff will be bringing forth an amendment to the governing documents so that future such items do not need to come before the Board for separate approval. It was moved by Member Williams and seconded by Member Causey to adopt the Consent Calendar as recommended. Motion passed by unanimous vote of the Board Members present. None. 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER 5. PUBLIC HEARINGS a. CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED ORDINANCE (UNCODIFIED) TO ESTABLISH REIMBURSEMENT FEES FOR APPLICABLE PROPERTIES THAT COULD CONNECT TO JOB 6508 SEWERS ON CALMAR VISTA ROAD IN DANVILLE. APPROVAL RECOMMENDED BY FINANCE COMMITTEE. Senior Engineer Thomas Brightbill reviewed the presentation materials contained in the agenda packet, including the timeline for the project and comments from affected homeowners, including one received by email just prior to the meeting from homeowner Brian J. Tillinghast. He also responded to several questions from Board Members. Book 64 — Page 27 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of March 19, 2015 The public hearing was opened. Carol Goodman, owner of the largest parcel in the affected area, said the roughly $34,000 cost to hook up to the sewer was well above the $10,000 to $25,000 estimate given to homeowners during the neighborhood meeting on the matter. She said she feels misled about the costs, and in her case the cost would be nearly $100,000 because of the size of her lot. She said she shares the concerns expressed by Mr. Tillinghast in his email. District Counsel Kent Alm said that because the Calmar Vista sewer line installation is not part of a Contractual Assessment District (CAD), the property owners are under no obligation to connect to the new sewer line in the foreseeable future unless their septic tank needs to be replaced, which is a County requirement, not a requirement of this District. Paul Silliman, a resident in the area, said he and his neighbors are trying to form a CAD on nearby Harper Lane. If successful, he asked if any fee would be owed by them as a result of the Calmar Vista Road project. He also wanted to know if the District had a grand plan for the area, which seems to be an island of septic tanks surrounded by sewer systems around the perimeter. He was informed that no fee would be payable related to the Calmar Vista Road project and that, while the District supports the conversion from septic to sewers and is willing to consider using CADs to help facilitate such conversions, there is no specific grand plan for that area of Danville. The public hearing was closed. Member Williams expressed appreciation for the property owners' input during the public hearing; however, as a Board Member, he said he must follow the District's existing regulations. He moved adoption of Ordinance No. 284 as recommended, establishing reimbursement fees for properties that could connect to Job 6508 sewers. Member Causey seconded the motion. Motion passed by unanimous vote of the Board Members present. b. HOLD PUBLIC HEARING TO CONDUCT ANNUAL PUBLIC REVIEW OF BOARD MEMBER COMPENSATION AND BENEFITS AND CONSIDER (1) ADOPTING AN ORDINANCE AMENDING TITLE 2 ADMINISTRATION Or- DISTRICT CODE SECTION 2.04.030 "COMPENSATION OF BOARD MEMBERS," IF A CHANGE IN STIPEND IS DESIRED; AND /OR (2) DIRECTING STAFF TO AMEND OTHER COMPENSATION AND BENEFITS. REVIEWED BY ADMINISTRATION COMMITTEE. Secretary of the District Elaine Boehme referred to the material contained in the agenda packet. Board Members Causey, Williams and Pilecki said they were comfortable leaving the compensation and benefits at their current level. Book 64 — Page 28 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of March 19, 2015 The public hearing was opened and closed without comment. It was moved by Member Pilecki and seconded by Member Causey that Board Member compensation and benefits remain unchanged. Motion passed by the unanimous vote of the Board Members present. 6. ANNOUNCE CLOSED SESSION (Pursuant to Government Code Section 54957.7) District Counsel Kent Alm announced there would be a Closed Session for Item 7.a. 7. CLOSED SESSION The Board recessed at 3:04 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 3:26 p.m. to reconvene in the Board Room in open session. 8. REPORT OUT OF CLOSED SESSION Mr. Alm reported that no reportable action was taken, but direction was given to legal counsel with respect to Item 7.a. a. GENERAL MANAGER 9. REPORTS a. GENERAL MANAGER 1) Semi - annual report on status /pricing of natural gas purchases Provisional Senior Engineer Clint Shima reviewed the presentation material contained in the agenda packet. Member Pilecki asked if it would be appropriate to delegate authority to the General Manager to pre - purchase natural gas. Mr. Alm said that while he Book 64 — Page 29 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of March 19, 2015 would be willing to discuss providing some level of General Manager approval authority, the current process was instituted several years ago because it is appropriate from a public perspective to have Board oversight of such large purchases. 2) General Manager Announcements The following announcements were included in the agenda packet: a) Public bidding for Concord Landscape Project, Phase 2 (recycled water customer connections), District Project 7299A b) Melody LaBelle invited to National Association of Clean Water Agencies (NACWA) as a wastewater representative at the Flushable Wipes Product Stewardship Initiative in Washington, DC — March 26, 2015 c) Labor Management Committees to be formed for each of the District's bargaining groups No additional announcements were made at the meeting. b. COUNSEL FOR THE DISTRICT No report. C. SECRETARY OF THE DISTRICT Secretary of the District Elaine Boehme announced the upcoming meeting of the Finance Committee on March 23, 2015 at 3:00 p.m. 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 a) Member Causey reported on the March 11, 2015 meeting of the Engineering & Operations Committee. The Board received the report without comment. Book 64 — Page 30 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of March 19, 2015 Member Pilecki b) In Member Nejedly's absence, Member Pilecki reported on the March 9, 2015 meeting of the Finance Committee. The Board received the report without comment. c) Member Pilecki and President McGill reported on the March 10, 2015 meeting of the Real Estate, Environmental & Planning Committee. The Board received the report without comment. Member Pilecki also reported that he was unable to attend the Contra Costa County Mayors' Conference held on March 5, 2015 so Director of Engineering and Technical Services Jean -Marc Petit attended in his place. Member Williams d) Member Williams and President McGill reported on the March 9, 2015 meeting of the Administration Committee. The Board received the report without comment. President McGill President McGill reported that he attended the March 5, 2015 Contra Costa Mayors' Conferenced hosted by the City of Martinez and the March 18, 2015 Industrial Association of Contra Costa (IACCC) Forum featuring a presentation by Dorothy Rothrock, President of California Manufacturers & Technology Association (CMTA). 2) Board Member Announcements President 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 or expense reimbursement not specifically addressed in the current Board Compensation Resolution or authorization for conference attendance not previously approved by the Board None. Book 64 — Page 31 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of March 19, 2015 10. ADMINISTRATIVE a. APPROVE FINAL VERSION OF PROPOSITION 218 NOTICE TO PROVIDE PUBLIC NOTICE OF PROPOSED SEWER SERVICE CHARGE AND RECYCLED WATER RATE INCREASES FOR FISCAL YEAR (FY) 2015 -16 AND FY 2016 -17 None. Mr. Bailey stated that staff revised the draft Proposition 218 Notice based on input from the Board at the March 5, 2015 meeting and a final version was included with the agenda materials. He also said that, in accordance with direction from the Board, staff had prepared preliminary information on the framework for an outreach plan and a deferral financing program for those customers who would be most significantly impacted by the proposed rate increases. Planning and Development Services Division Manager Danea Gemmell reviewed the proposed outreach plan and a preliminary deferral financing program and said staff was seeking further direction from the Board. In response to comments about possibly phasing -in the rate increases for certain classifications of customers, Mr. Alm said he did not favor such an approach. However, he was in favor of an alternative approach where everyone pays their fair share according to the Cost of Service Study. The Board Members asked questions of staff and District Counsel and provided input to staff to further refine a deferral financing program to be brought back to the Board at a future meeting for further consideration. It was moved by Member Pilecki and seconded by Member Williams to approve the Proposition 218 Notice for the FY 2015 -16 and FY 2016 -17 proposed rate increases (Scenario B). Motion passed by unanimous vote of the Board Members present. 11. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 12. SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Causey requested an update on the Recycled Water Program, including the new fill station operating at the District's Household Hazardous Waste Collection Facility. President McGill suggested that an update be given to the Real Estate, Environmental & Planning Committee. Book 64 — Page 32 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of March 19, 2015 13. ADJOURNMENT There being no further business to come before the Board, President McGill adjourned the meeting at 4:09 p.m. l v � Michael R. McGill, P.E. President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CMC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Book 64 — Page 33