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HomeMy WebLinkAboutBOARD MINUTES 02-04-16Central Contra Costa Sanitary District Protecting public health and the environment 5019 Imhoff Place, Martinez, CA 94553-4392 MINUTES* REGULAR BOARD MEETING Board Room Thursday, February 4, 2016 2:00 p.m. 1. ROLL CALL BOARD OF DIRLCTORS: 7 ID J ['HEM !,ewkut PIU! ►1 C IUSL} IhrsiJrcr Pro 7, m 1HL-IIII! R IICGILL J 1 NEJLUI} D11IDR 1111111115 A regular meeting of the Board of Directors was called to order by President Pilecki at 2:00 p.m. Secretary of the District Elaine Boehme called roll: PRESENT: Members: Causey, McGill, Nejedly, Williams, Pilecki ABSENT: Members: None a. Pledge of Allegiance to the Flag The Board, staff and audience joined in the Pledge of Allegiance. 2. PUBLIC COMMENTS None. 3. CONSENT CALENDAR a. Approve expenditures dated February 4, 2016. Approval recommended by Finance Committee. b. Receive December 2016 Financial Statements and Investment Reports, including six-month variance review of Operations and Maintenance (O&M) Budget for Fiscal Year 2015-16. Approval recommended by Finance Committee. BOARD ACTION: Motion was made by Member Williams and seconded by Member Causey to adopt the Consent Calendar as recommended. Motion passed by unanimous vote. [5-0] These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan. org. Book 64 --- Page 168 CENTRAL CONTRA COSTA SANITARY DISTRICT February 4, 2016 Board Meeting Minutes - Page 169 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 5. HEARING a. Conduct hearing to consider appeal by Mr. Tom Heffernan, owner of the property located at 2500 Annalisa Drive in Concord (Caffe Classico), of staff determination that the amount of $114,970.47 was legally owed and delinquent for unpaid capacity fees. [Postponed from January 7, 2016.] District Counsel briefly explained the process for this hearing on Mr. Heffernan's appeal of staffs recommendation to place the above amount of unpaid capacity fees on the tax roll for collection. Since Mr. Alm previously advised staff with regard to this matter, he said independent counsel Craig Labadie would take his place on the dais to represent the Board Members for the hearing. The appeal hearing was opened. General Manager Roger Bailey called upon Mr. Heffernan's attorney, Craig Nevin, who presented the appellant's basis for appeal. During his presentation, he distributed a handout that he described as "100 Points of Contact." Upon conclusion of Mr. Nevin's presentation, Mr. Heffernan addressed the Board, after which the Board Members asked questions of both Messers. Nevin and Heffernan. District Counsel said he did not accept the presentations of Mr. Nevin or Mr. Heffernan, and proceeded to address the Board as to staff's perspective on the matter. His comments were followed by a presentation from Planning and Development Services Division Manager Danea Gemmell regarding unpaid capacity fees related to 2500 Annalisa Drive in Concord. A question - and -answer session took place, during which Mr. Alm, Ms. Gemmell and Senior Engineer Thomas Brightbill responded to questions from the Board Members. Upon conclusion of the presentations on behalf of staff, both Mr. Nevin and Mr. Heffernan were given an opportunity to provide their rebuttal and respond to further questions from the Board Members. At 4:38 p.m., the Board Members adjourned to closed session to confer on the above matter, taking Item 12.a. out of order. At 5:18 p.m., the Board Members returned from closed session. CENTRAL CONTRA COSTA SANITARY DISTRICT February 4, 2016 Board Meeting Minutes - Page 170 BOARD ACTION: Motion was made by Member Nejedly and seconded by Member Causey to deny the appeal, upholding staff's determination, and to direct staff to bring back at a future meeting a resolution setting forth the findings for denial of the appeal. Motion passed by the following vote: AYES: Causey, McGill, Nejedly, Pilecki NOES: Williams ABSTAIN: None Member Williams said he voted against the motion on the belief that there should be some credit for the estimated 6, 000 -square -foot portion of 2500 Annalisa Drive not used by Caffe Classico. Member Nejedly and Mr. Labadie left the meeting at 5:25 p.m., at which time Mr. Alm resumed his place on the dais. 6. PUBLIC HEARING a. Conduct public hearing to consider adopting Ordinance No. 289 to amend District Code Title 6 — Fees and Charges, Chapter 6.24 — Sewer Service Charge, Section 6.24.060 — Credits and Adjustments, and Section 6.24.070 — (Sewer Service Charge) Refunds. Approval recommended by Finance Committee. There was no staff presentation. Member Causey questioned whether a limitation should be imposed on the amount of refunds that may be made by the General Manager. He also suggested that language be added to require the party requesting a refund to provide adequate supporting documentation to substantiate the claim. With regard to Member Causey's first question, Member McGill said he was comfortable not putting a limitation on refunds; if an amount is truly owed, the General Manager should be able to authorize the refund. The public hearing was opened and closed without comment. BOARD ACTION: Motion was made by Member McGill and seconded by Member Williams to adopt Ordinance No. 289 as recommended. Member Causey reiterated his suggestion to add wording about requiring supporting documents. Mr. Alm said that Member Causey's suggestion was acceptable from a legal standpoint. CENTRAL CONTRA COSTA SANITARY DISTRICT February 4, 2016 Board Meeting Minutes - Page 171 Member McGill's earlier motion was withdrawn and replaced with the following: BOARD ACTION: Motion was made by Member McGill and seconded by Member Causey to adopt Ordinance No. 289 as recommended, with the exception that the reference in Section 3. about presenting adequate documentation be moved from paragraph A.1. to paragraph A. Motion passed by unanimous vote of the Board Members present. [4-0-1; Nejedly absent.] 7. REPORTS a. General Manager 1) Summary of the District's 2015 energy usage. Senior Engineer Clint Shima gave the presentation, supported by the PowerPoint included with the agenda materials. Member Williams suggested that the term "sludge" be used in place of "biosolids" in future presentations. BOARD ACTION: Received the summary. 2) Announcements a) Public bidding for the North Orinda Sewer Renovations, Phase 6, District Project 8423 b) Public bidding for the Lafayette Sewer Renovations, Phase 10, District Project 8426 c) Central San Citizens Academy set to launch in April 2016 d) District pays additional funds toward unfunded pension liabilities beyond required contribution e) District hires consultant to embark on classification study f) 2015 Title V Clean Air Act Annual Report available g) No businesses in significant non-compliance for 2015 No further announcements were made at the meeting. BOARD ACTION: Received the announcements. 1 CENTRAL CONTRA COSTA SANITARY DISTRICT February 4, 2016 Board Meeting Minutes - Page 172 b. Counsel for the District No report. c. Secretary of the District Secretary of the District Elaine Boehme announced the following upcoming Committee meetings: Administration — Monday, February 8 at 8:30 a.m. Engineering & Operations — Tuesday, February 9 at 9:45 a.m. Real Estate, Environmental & Planning — Tuesday, February 9 at 1:15 p.m. Board Members 1) Board Member reports on recent meetings or conferences for which they received the stipend or for which the District paid their expenses; and future meetings or conferences for which they will receive the stipend or for which the District will pay their expenses. Member Causev — No report. Member McGill - Member McGill provided a written report. Member Neiedlv — Absent. Member Williams — No report. President Pilecki a) January 25, 2016 — Finance Committee meeting — President Pilecki and Member Causey. BOARD ACTION: Received the reports. 2) Board Member Announcements Member McGill provided a written report covering his announcements and other meetings. BOARD ACTION: Received the announcements. CENTRAL CONTRA COSTA SANITARY DISTRICT February 4, 2016 Board Meeting Minutes - Page 173 3) Board Member requests for 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. No requests. BOARD ACTION: Consider any requests. 8. ENGINEERING a. Consider authorizing the General Manager to enter into an agreement with Contra Costa County Flood Control and Water Conservation District for implementing the joint Walnut Creek/Grayson Creek Levee Rehabilitation Project to achieve 500 -year -storm flood protection. Approval recommended by Engineering & Operations Committee. Due to the length of the appeal hearing (Item 5.a.), it was suggested before the Board Members recessed to closed session during Item 5.a. that this matter be postponed to the next meeting. BOARD ACTION: Motion was made by Member Causey and seconded by Member Williams to postpone Item 8.a. to the next meeting. Motion passed by unanimous vote. [5-0] 9. TREATMENT PLANT a. Receive the 2015 National Pollutant Discharge Elimination System (NPDES) Annual Report. BOARD ACTION: Due to time constraints, motion was made by Member McGill and seconded by Member Williams to postpone Item 9.a. a future meeting. Motion passed by unanimous vote of the Board Members present. [4-0-1; Nejedly absent.] 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 11. SUGGESTIONS FOR FUTURE AGENDA ITEMS None. 12. CLOSED SESSION (not on video) This matter was taken out of order, immediately after the appeal hearing (Item 5. a.) was closed. CENTRAL CONTRA COSTA SANITARY DISTRICT February 4, 2016 Board Meeting Minutes - Page 174 The Board recessed at 4:38 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(bl: • One Potential Case — Capacity fees related to 2500 Annalisa Drive in Concord (APN 159-362-001) (Caffe Classico). The Board recessed at 5:18 p.m. to reconvene in the Board Room in open session to provide direction to staff (Item 5. a) 13. REPORT OUT OF CLOSED SESSION With regard to the Closed Session, Independent Counsel Craig Labadie reported that no reportable action was taken. 14. ADJOURNMENT The meeting was adjourned at 5:46 p.m. Ta J. Pilecki 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