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HomeMy WebLinkAbout03. September 21, 2017 Board meeting minutesPage 1 of 9 Item 3.a. Central Contra Costa Sanitary District October 5, 2017 TO: HONORABLE BOARD OF DIRECTORS FROM: ELAINE R. BOEHME -SECRETARY OF THE DISTRICT SUBJECT: SEPTEMBER 21, 2017 BOARD MEETING MINUTES Attached are the draft minutes of the above Board meeting. Strategic Plan re -In GOAL ONE: Provide Exceptional Customer Service Strategy 1 - Foster Customer Engagement and Awareness ATTACHMENTS: 1. Draft Minutes of 9-21-17 Regular Board Meeting October 5, 2017 Regular Board Meeting Agenda Packet - Page 11 of 196 Page 2 of 9 Central Contra Costa Sanitary District Protecting public health and the environment 0 5019 Imhoff Place, Martinez, CA 94553-4392 MINUTES* REGULAR BOARD MEETING Board Room Thursday, September 21, 2017 1:30 p.m. Rni i r_Ai i DRAFT Open Session — Board Room (Video recorded) BOARD OF DIRECTORS: PAUL H. CA USEY President JAMES A. NEJEDLY President Pro Tern MICHAEL R. MCGILL TAD J. PILECKI DA VID R. ULLIAMS 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. INTRODUCTIONS 1. New employees: • Blake Brown, Chemist I, Engineering/Environmental & Regulatory Compliance Division, effective September 18, 2017 • Irina Kadantseva, Management Analyst, Engineering/Planning & Development Services Division, effective September 18, 2017 BOARD ACTION: Welcomed Ms. Brown and Ms. Kadantseva. PUBLIC COMMENT PERIOD No comments. These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan. org. October 5, 2017 Regular Board Meeting Agenda Packet - Page 12 of 196 Page 3of9 CENTRAL CONTRA COSTA SANITARY DISTRICT September 21, 2017 Board Meeting Minutes - Page 2 REQUESTS TO CONSIDER MATTERS OUT OF ORDER None. CONSENT CALENDAR 2. Approve the following: a. September 7, 2017 Board meeting minutes 3. Adopt (1) Resolution of Intention No. 2017-041 to initiate the formation of the Cordell Drive Contractual Assessment District (CAD) No. 2017-1 for the purpose of installing sewer improvements on Cordell Drive in Danville; and (2) Resolution No. 2017-042 approving the boundary for the proposed CAD. Approval recommended by Engineering &Operations Committee. 4. Adopt (1) Resolution of Intention No. 2017-043 to initiate formation of the Lower Harper Lane Contractual Assessment District (CAD) No. 2017-2 for the purpose of installing sewer improvements on Harper Lane, Pixie Lane, Terry Lane, and Harmony Court in Danville; and (2) Resolution No. 2017-044 approving the boundary for the proposed CAD. Approval recommended by Engineering & Operations Committee. 5. Adopt Resolution No. 2017-045 encouraging and promoting pollution prevention and declaring September 18-24, 2017 as Pollution Prevention Week, and receive information on 2017 Pollution Prevention Awards presented at Sustainable Contra Costa Annual Awards Gala. Awards reviewed by Real Estate, Environmental & Planning Committee. 6. Adopt updated salary schedule for Central San job classifications effective August 18, 2017 to meet disclosure requirements of a "publicly available pay schedule" under Public Employees' Pension Reform Act (PEPRA) 7. Authorize the General Manager to execute a construction contract change order up to $160,000 with K.J . Woods Construction, Inc. for the sewer replacement at the Ygnacio Valley Road/Lacassie Avenue Easement in the City of Walnut Creek. Approval recommended by Engineering & Operations Committee. BOARD ACTION: Motion was made by Member Nejedly and seconded by Member Pilecki to adopt the Consent Calendar as recommended. Motion passed by unanimous vote of the Board. October 5, 2017 Regular Board Meeting Agenda Packet - Page 13 of 196 Page 4 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT September 21, 2017 Board Meeting Minutes -Page 3 HEARINGS 8. Conduct a hearing to consider Mr. Wayne Pope's appeal of a staff decision that a Capacity Fee is owed for a proposed Accessory Dwelling Unit (ADU) at 322 South Third Avenue in Pacheco Senior Engineer Thomas Brightbill explained the background of the matter as set forth in the Position Paper, noting that Mr. Pope is requesting that the capacity fees quoted by District staff for an ADU on his property be waived now in advance of legislation that is expected to be enacted effective January 1, 2018 that would effectively eliminate any capacity fees for his proposed ADU. Mr. Brightbill also noted that since the agenda packet was distributed, staff has received communications from two other parties interested in having their capacity fees waived as well. Copies of those communications were distributed just prior to the meeting. Mr. Brightbill explained that the Board originally discussed legislative changes affecting collection of capacity fees for ADUs on December 15, 2016. At that time, the Governor had signed three bills related to ADUs designed to create affordable housing opportunities in California; however, the legislation was silent with respect to its applicability to special districts. It was the unanimous decision of the Board at that meeting to take no action with respect to ADUs until such time as the legislation is expanded to include special districts. It now appears that the Governor will sign legislation by October 15, 2017 that, in all practical effect, will extend the ADU legislation to special districts effective January 1, 2018. Mr. Brightbill noted that in Fiscal Year 2015-16, Central San permitted and collected capacity fees for approximately 60 second living units. In FY 2016-17, the number has increased to about 80 units, roughly 50 of which were since January 1, 2017. Mr. Alm, noting that the law currently does not apply to special districts, suggested that if the Board were to grant relief to Mr. Pope at this meeting it be effective at the time the Governor signs the new legislation. From that point on, however, others who apply for permits for ADUs must be treated similarly. President Causey opened the hearing. Mr. Pope reiterated his reasons for seeking an immediate fee waiver and responded to a number of questions from Board Members. President Causey closed the hearing. Member Nejedly said that, while he sympathized with Mr. Pope with regard to the quoted fees associated with creating a second dwelling on his property, and he also understands the pressure to develop more affordable housing, he said the addition of ADUs for which no capacity fees are collected in the future will place a burden on October 5, 2017 Regular Board Meeting Agenda Packet - Page 14 of 196 Page 5of9 CENTRAL CONTRA COSTA SANITARY DISTRICT September 21, 2017 Board Meeting Minutes - Page 4 the sewer system. That cost must be borne by all of Central San's customers. He said he would be uncomfortable voting for a fee waiver until legislation is enacted because that would be unfair to those who have paid capacity fees for ADUs during the year. He suggested Mr. Pope wait until the legislation is enacted. Member Williams agreed with Member Nejedly, stating that if the Governor signs the legislation on October 15, the Board would be in a better position to make a determination as to Mr. Pope's request. Member McGill asked if there was a mechanism for filing a protest upon payment of capacity fees such that they could be refunded if and when the law changes. Mr. Alm said that may be possible, but the matter was not agendized for the Board to take action in that regard at this meeting. After hearing all the comments, President Causey suggested tabling the matter until the October 19 meeting, at which time it should be known whether the Governor has signed legislation which would make ADU laws applicable to special districts effective January 1, 2018. BOARD ACTION: Motion was made by Member Williams and seconded by Member Nejedly to table the hearing until the October 19, 2017 meeting. Motion passed by the following vote: AYES: Members: McGill, Nejedly, Williams, Causey NOES: Members: Pilecki ABSTAIN: Members: None Member Pilecki stated that he voted against the motion because he would have preferred to take action at this meeting. LEGISLATIVE MATTERS 9. Receive update on pending legislative matters and provide direction on priority legislation Communication Services and Intergovernmental Relations Manager Emily Barnett reviewed the Priority Legislation Tracking Sheet distributed prior to the meeting. BOARD ACTION: Received the update. REPORTS AND ANNOUNCEMENTS 10. General Manager - Reports a. Receive Fiscal Year 2016-17 Pre -Audit Year -End Financial Statement Summary Report and Recommended Variance Alternatives. Reviewed by Finance Committee. October 5, 2017 Regular Board Meeting Agenda Packet - Page 15 of 196 Page 6 of 9 CENTRAL CONTRA COSTA SANITARY DISTRICT September 21, 2017 Board Meeting Minutes - Page 5 Director of Finance and Administration Phil Leiber reviewed the presentation included with the agenda materials, noting that staff will be looking to the Board for future direction as to how to apportion the nearly $6.5 million Operations and Maintenance (O&M) and $2.3 million Sewer Construction Fund favorable variances for both revenues and expenditures for Fiscal Year 2016-17. Several alternatives were presented in the agenda materials. Member Pilecki inquired as to the accuracy of certain figures related to the Other Post -Employment Benefits (OPEB) Trust in the final chart of the presentation. General Manager Roger S. Bailey said staff will clarify the figures before the Board is presented with alternatives for utilizing the surplus finds at a future meeting. Member Pilecki also said he would like an updated actuarial report related to the OPEB Trust to assure that investment results and contributions are consistent with efforts to reduce the amortization period from 22 to 18 years, as envisioned at the November 10, 2016 Board Workshop. Finally, he stated that he was interested in putting the $2.5 million budgeted in the current fiscal year O&M budget for unfunded liabilities toward the capital program instead. Member McGill requested historical background information from prior financial planning workshops when the Board is asked to provide direction to staff on utilization of the favorable variances. BOARD ACTION: Received the report. b. Receive Fiscal Year 2016-17 Capital Improvement Budget Pre -Audit Year - End Status Report. Reviewed by Engineering & Operations Committee. Capital Projects Division Manager Edgar Lopez reviewed the report included with the agenda materials. BOARD ACTION: Received the report. 11. General Manager - Announcements a. Announcements — September 21, 2017 1) District public service announcement (The Overflow Hero) selected for viewing at upcoming Water Environment Federation Technical Exhibition and Conference (WEFTEC) in Chicago 2) Employee to present The Overflow Hero at WEFTEC Conference in Chicago 3) Employee to travel to Illinois to attend Advanced Vactor Mechanic's Training School in October October 5, 2017 Regular Board Meeting Agenda Packet - Page 16 of 196 Page 7of9 CENTRAL CONTRA COSTA SANITARY DISTRICT September 21, 2017 Board Meeting Minutes - Page 6 4) General Manager Roger S. Bailey to attend American Water Summit in Austin, TX in November 5) Management Leadership Academy completes 2017 Program 6) State Controller's Office announces improvements to mandatory annual Financial Transactions Report No further announcements were made during the meeting. BOARD ACTION: Received the announcements. 12. Counsel for the District — No report. 13. Secretary of the District Ms. Boehme announced the following upcoming Committee meetings: Real Estate, Environmental & Planning — Monday, September 25 at 9:00 a.m. Finance — Tuesday, September 26 at 1:00 p.m. Administration — Thursday, September 28 at 3:00 p.m. 14. Board Members — Committee Minutes a. September 12, 2017 —Administration Committee — Member McGill and Member Williams. b. September 12, 2017 — Engineering & Operations Committee — Member Nejedly and President Causey. BOARD ACTION: Received the Committee minutes. 15. Board Members - Reports and Announcements a. Member McGill • September 7, 2017 — Contra Costa County Mayors' Conference hosted by the City of Oakley • September 18, 2017 — Presentation to Pleasant Hill City Council: Grayson Creek Project Update Member McGill provided a written report covering his announcements and other meetings. Member Nejedly_ — No report. Member Pilecki — No report. October 5, 2017 Regular Board Meeting Agenda Packet - Page 17 of 196 Page 8of9 CENTRAL CONTRA COSTA SANITARY DISTRICT September 21, 2017 Board Meeting Minutes - Page 7 Member Williams • August 22-24, 2017 —California Association of Sanitation Agencies (CASA) Annual Conference in San Diego President Causey — No report. BOARD ACTION: Received the reports and announcements. 16. Requests for Stipend/Reimbursement or Conference Attendance No requests. EMERGENCY SITUATIONS None. REQUESTS FOR FUTURE AGENDA ITEMS None. ANNOUNCE CLOSED SESSION (pursuant to Government Code Section 54957.7) District Counsel Kent Alm announced that a closed session would be held for Items 17 and 18. RECESS TO CLOSED SESSION The Board recessed at 3:23 p.m. to reconvene in closed session in the Caucus Room. Closed Session — Caucus Room (Not video recorded) CLOSED SESSION 17. Conference with Legal Counsel —existing litigation pursuant to Government Code Section 54956.9(d)(1). • Settle v. Central Contra Costa Sanitary District, et al., Contra Costa County Superior Case No. MSC 17-01691 18. Personnel matters pursuant to Government Code Section 54957. Public Employment — Title: Secretary of the District RECESS TO OPEN SESSION The Board recessed at 4:25 p.m. to reconvene in open session in the Board Room. October 5, 2017 Regular Board Meeting Agenda Packet - Page 18 of 196 Page 9of9 CENTRAL CONTRA COSTA SANITARY DISTRICT September 21, 2017 Board Meeting Minutes - Page 8 REPORT OUT OF CLOSED SESSION Items 17 and 18 — None. ADJOURNMENT The meeting was adjourned at 4:26 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. Boehme, CMC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California October 5, 2017 Regular Board Meeting Agenda Packet - Page 19 of 196