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HomeMy WebLinkAboutBOARD MINUTES 08-03-17Il Central Contra Costa Sanitary District MINUTES* REGULAR BOARD MEETING Board Room Thursday, August 3, 2017 1130 a.m. Open Session —Board Room (Video recorded) ROLL CALL BOARD OF DIRECTORS: PAUL H CA USEY Pre videw JA LIES A NEJEDLY President Prt- Teri MICHAEL R AiCGILL TAD J. PILECKI DAVID R. WILLIAMS A regular meeting of the Board of Directors was called to order by President Causey at 1:30 p.m. Secretary of the District Elaine Boehme called roll: PRESENT: Members: McGill, Nejedly, Pilecki, Williams, Causey ABSENT: Members: None PLEDGE OF ALLEGIANCE The Board, staff and audience joined in the Pledge of Allegiance. PUBLIC COMMENT PERIOD Mr. Wayne Pope of Pacheco expressed concern about the level of fees he was quoted by the District to build an in-law unit on his property. It was his understanding that recent legislation governing construction of accessory dwelling units would have led to lower fees and it did not appear to him that Central San is complying with the new law. Therefore, he wished to appeal for fee relief. District Counsel Kent Alm said the legislation to which Mr. Pope referred (SB 229) does not currently apply to special districts; however, clean-up legislation under consideration by the state senate would make the law applicable to special districts effective January 1, 2018. Mr. Pope was informed that the District Code allows for an appeals process and that staff could assist him in that regard should he so desire. Mr. Bryan Scott of Brentwood, representing East County Voters for Equal Protection, presented information on a public safety emergency occurring in Eastern Contra Costa County and explained funding alternatives under consideration that would redirect a portion These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan. org. Book 65 — Page 235 CENTRAL CONTRA COSTA SANITARY DISTRICT August 3, 2017 Board Meeting Minutes — Book 65 -Page 236 of the ad valorem taxes received by various local agencies, including Central San, to help alleviate the situation. He presented a chart illustrating allocation rates for fire districts. He noted that one of the funding alternatives would lower Central San's future ad valorem tax revenue by roughly $54, 000 per year. He said he was presenting this Issue to the Board purely for informational purposes at this time, although something more formal may presented in the future. REQUESTS TO CONSIDER MATTERS OUT OF ORDER None. CONSENT CALENDAR 1. Approve the following: a. July 20, 2017 Board meeting minutes 2. Authorize a public notice to indicate availability of documentation in support of Central San's Appropriations Limit for Fiscal Year 2017-18 3. Adopt new Board Policy No. BP 031-- Use of Temporary Employees. Adoption recommended by Administration Committee. 4. Confirm publication of summaries of uncodified District ordinance Nos. 294, 295, 296, and 297 5. Adopt Resolution Nos. 2017-024 and 2017-025 (1) accepting a grant of easement (related to the Lafayette Sewer Renovations, Phase 11, District Project 8430) from Rob Clark, owner of the property located at 1060 Via Roble in Lafayette (APN: 244-051-007); (2) authorizing the execution of a quitclaim deed to the specified property owner, and (3) authorizing staff to record documents with the Contra Costa County Recorder 6. Adopt Resolution No. 2017-026 authorizing (1) the execution of a Right of Way Contract and a grant of easement to Contra Costa County through a portion of the A -Line Right of Way in Concord, APN: 126-323-018-5 and 126-323-005-2; and (2) staff to record documents with the Contra Costa County Recorder BOARD ACTION: Motion was made by Member Nejedl and seconded b Y Y Member McGill to adopt the Consent Calendar as recommended. Motion passed by unanimous vote of the Board. HFARINC;q 7. Conduct a hearing to consider Mr. Charles Burkhardt's appeal of staff decision to deny reimbursement of fees for 2 Hi ferd Way, Danville Senior Engineer Thomas Brightbill explained that Mr. Burkhardt entered into a reimbursement agreement with Central San in 1980. Mr. Burkhardt believes he is CENTRAL CONTRA COSTA SANITARY DISTRICT August 3, 2017 Board Meeting Minutes -- Book 65 -Page 237 entitled to a fee from a parcel that connected to the public sewer in 2015. Mr. Brightbill presented a map of the parcels. Since no fee was collected at the time of connection, Mr. Brightbill said staff believes that, under the District Code, it does not have the authority to provide a fee reimbursement. Mr. Burkhardt is appealingstaff's decision to the Board. President Causey opened the hearing, at which time Mr. Burkhardt, referring to the material he provided to each Board Member immediately prior to the meeting, summarized his position, stating that he believes his agreement is grandfathered and he is due a fee reimbursement of $1,616. President Causey closed the hearing. Member Nejedly stated that changes to the District Code since 1980 were never intended to prevent Mr. Burkhardt's entitlement to a reimbursement fee. Member Pilecki agreed with Member Nejedly and suggested that the Board consider asking staff to develop a ministerial procedure to deal with any similar issuesoing forward. g Member Williams said he would support paying the reimbursement fee to Mr. Burkhardt based on the following rationale: 1) it appears that when the District Code was amended in 1998 to prevent such reimbursement fees, it was not intended to be retroactive; and 2) it is a policy issue for the Board to decide if no reimbursement fee should be paid if the District did not collect the fees in the first place. BOARD ACTION: Motion was made by Member Neiedly and seconded b Member McGill to authorize staff to reimburse Mr. Burkhardt the fee of $1,616. Motion passed by unanimous vote of the Board. in response to a question from Mr. Brightbill, it was the consensus that the 1998 change to the District Code was not meant to be retroactive. A consensus of the Board directed staff to: (1) review any existing reimbursement agreements that do not have sunset dates and notify the parties that the reimbursement window will be closing; and 2) draft clean-up ordinance language to prevent this situation from recurring. OTHER BOARD ACTION ITEMS 8. Authorize Board President to sign letter of support for Contra Costa Water District's (CCWD) Los Vaqueros Reservoir Expansion Proposition 1 Application to the California State Water Commission. General Manager Roger S. Bailey explained that CCWD is applying for state Proposition 1 grant funding to expand its Los Vaqueros Reservoir and is solicitin Central Sans support. He recently met with CCWD officials to be briefed on this expansion project and discussed Central San's desire to utilize recycled water in a CENTRAL CONTRA COSTA SANITARY DISTRICT August 3, 2417 Board Meeting Minutes — Book 65 -Page 238 beneficial way re for the ion. In his view, the project as a win-win in that CCWD can g ate the exchange of recycled water around the region. He introduced Marguerite facilitate g Y Patil Special Assistant to the General Manager for CCWD, who reviewed the presentation that was included with the agenda materials. In rY an response inquiry from Member Nejedly, Ms. Patil confirmed that, as part of its p g long-term plan, CCWD would support Central San supplying recycled water to local p pp refineries. The Board Members generally expressed satisfaction with CCWD, s pp regional approach to enhancing water supply and a willingness to have an open g dialogue with CCWD. BOARD ACTION: Motion was made by Member Williams and seconded by Member McGill to approve the letter of su ort Motion passed by unanimous vote of the Board. pp pp 9. Review expenditures dated August 3, 2017. Approval recommended by Finance Commitee. President Cause recused himself from voting on this item because a full year has not Y yet elapsed since he consulted for recipients of several checks on the expenditures list on matters unrelated to Central San. President Causey exited the Board Room after which President Pro Tem Nejedly called for a vote on the item. BOARD ACTION: Motion was made by Member McGill and seconded by Member Williams to approve the expenditures dated August 3, 2017. Motion passed b unanimous vote of the Board Members present. [4-0; Causey absent.] President Causey re-entered the Board Room. LEGISLATIVE MATTERS 10. Update on pending legislative matters and provide direction on priority legislation. BOARD ACTION: No further report requested. REPORTS AND ANNOUNCEMENTS 11. General Manager -Reports a. Recap of Central San Academy Spring 2017 Session. Reviewed by Administration Committee. Senior Administrative Technician Christina Gee reviewed the material included with the agenda packet. President Cause said he was very much in favor of continuing the Academy and Y presented a few suggestions for enhancing the program in the future. CENTRAL CONTRA COSTA SANITARY DISTRICT August 3, 2017 Board Meeting Minutes — Book 55 -Page 239 It was noted that the Administration Committee recommended continuing the Academy and monitoring the program on an annual basis. Member Nejedly said he is not in support of the Academy. A consensus of the Board agreed to continue the Central San Academy until further notice, with annual updates provided to the Board upon conclusion of every session. 12. General Mana er-- Announcements a. Announcements - August 3, 2017 1) Employee Appreciation Picnic Scheduled for August 16, 2017 2) Natural gas purchased through 2019 No further announcements were made during the meefng. BOARD ACTION: Received the announcements. 13. Counsel for the District No report. 14. Secreta of the District No report. 15. Board Members - Commitee Minutes a. July 17, 2017 - Real Estate, Environmental & Planning Committee - President Causey and Member Pilecki b. July 2a, 2017 - Finance Committee - Member Nejedly and Member Pilecki BOARD ACTION: Received the Committee minutes. 16. Boarc! Members - Report and Announcements Board Member reports on recent meetings or conferences for which they received the stipend or for which the District paid their expenses. a. Member McGill Member McGill provided a written report covering his announcements and other meetings. Member Neiedly — No report. CENTRAL CONTRA COSTA SANITARY DISTRICT August 3, 2017 Board Meeting Minutes — Book 65 -Page 240 Member Pilecki — No report. Member Williams • July 23-25, 2017 - National Association of dean Water Agencies (NACWA) Annual Conference in St. Louis, Mo Member Williams provided brief highlights of the above conference. President Causey • July 23-26, 2017 - National Association of Clean Water Agencies (NACWA) Annual Conference in St. Louis, MG President Causey provided a written report on the above conference and provided brief highlights during the meeting August 1, 2017 - Board Liaison meeting with officials from the City of San Ramon Staff Recommendation: Receive the reports and announcements. 17. Board Members ,= Requests for Stipend/Reimbursement or Conference Attendance 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. EMERGENCY SITUATIONS 18. Declare an emergency and consider adopting Resolution No. 2017-027 making findings and authorizing the General Manager under Public Contract Code 22050(b) to execute a construction change order with W. M. Lyles Co. to perform emergency work on the Treatrnent Plant Primary Sedimentation Tanks. Reviewed by Engineering &Operations Committee. Capital Projects Division Manager Edgar Lopez briefly explained the reason for the emergency situation, noting that the proposed resolution had been distributed prior to the meeting. Member Pilecki expressed concern that periodic evaluations performed on the sedimentation tanks since about 2010 did not reveal the problem sooner. In his opinion, the situation should have been noticed five or six years ago. President Causey noted that the Engineering & Operations Committee reviewed this matter at a special meeting held July 31, 2017 and recommended approval, although the proposed resolution distributed just prior to this meeting was not available at that time for Committee review. CENTRAL CONTRA COSTA SANITARY DISTRICT August 3, 2017 Board Meeting Minutes — Book 65 -Page 241 Mr. Alm noted that the key findings are included in the first two phrases of the proposed resolutions. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Nejedly to adopt Resolution No. 2017-027. Motionassed b unanimous vote of the Board. p Y REQUEST FOR FUTURE AGENDA ITEMS Member Nejedly stated that he had received an inquiry from the owner of Lettuce Restaurant in walnut Creek regarding a recent bill for capacity fees from the District. He requested that staff review the basis for the charges and report back to the Board. ANNOUNCE CLOSED SESSION (pursuant to Government Code Section 54957 7) District Counsel Kent Alm announced that a closed session would be held for item 19 and item 20. RECESS TO CLOSED SESSION The Board recessed at 3:42 p.m. to reconvene in closed session in the Caucus Room. Closed Session -- Caucus Room (I\kt vdeo mmdeo CLOSED SESSION 19. Conference with Legal Counsel -Anticipated Litigation -significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2). 20. Conference with labor negotiators pursuant to Government Code Section 54957.5: District N otiators: • I E DA • Roger S. Bailey, General Manager ■ Ann K. Sasaki, Deputy General Manager • Philip R. Leiber, Director of Finance and Administration • Teji O'Malley, Human Resources Manager Em Io ee Or anizations: • Employees' Association, Public Employees Union, Local one • Management Support/Confidential Group (MS/CG) • Management Group RECESS TO OPEN SESSION The Board recessed at 5:30 p.m. to reconvene in open session. CENTRAL CONTRA COSTA SANITARY DISTRICT August 3, 2017 Board Meeting Minutes — Book 65 -Page 242 REPORT OUT OF CLOSED SESSION None. ADJOURNMENT The meeting was adjourned at 5:30 p.m. Paul H. Causey, P.E. President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehrne, CMC Secretary of the District central Contra Costa Sanitary District County of Contra Costa, State of California