HomeMy WebLinkAbout03.a. October 19, 2017 Board Meeting MinutesPage 1 of 8
Item 3.a.
Central Contra Costa Sanitary District
November 2, 2017
TO: HONORABLE BOARD OF DIRECTORS
FROM: ELAINE R. BOEHME -SECRETARY OF THE DISTRICT
SUBJECT: OCTOBER 19, 2017 BOARD MEETING MINUTES
Attached are the draft minutes of the above Board meeting.
Strategic Plan Tie -In
GOAL ONE: Provide Exceptional Customer Service
Strategy 1 - Foster Customer Engagement and Awareness
ATTACHMENTS:
1. Draft Minutes of 10-19-17 Regular Board Meeting
November 2, 2017 Regular Board Meeting Agenda Packet - Page 7 of 303
Page 2 of 8
11 Central Contra Costa Sanitary District
MINUTES*
REGULAR BOARD MEETING
Board Room
Thursday, October 19, 2017
1:30 p.m.
DRAFT
en Session — Board Room
(Video recorded)
ROLL CALL
BOARD OF DIRECTORS:
PAUL H CAUSEY
President
JAMES A. NEJEDLY
President Pro Tem
MICHAEL R. MCGILL
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
No comments.
REQUESTS TO CONSIDER MATTERS OUT OF ORDER
None.
CONSENT CALENDAR
1. Approve the following:
a. October 19, 2017 Board meeting minutes
These summary minutes are supplemented by a corresponding video recording available on the District's
website at centralsan.org.
November 2, 2017 Regular Board Meeting Agenda Packet - Page 8 of 303
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CENTRAL CONTRA COSTA SANITARY DISTRICT
October 19, 2017 Board Meeting Minutes - Page 2
2. Approve draft Board Calendar for 2018
3. Set a public hearing for November 16, 2017 at 1:30 p.m., pursuant to Section 6.20 of
the District Code, to receive comments on the proposed reimbursement fee for
properties which could connect to Job 6530 on Deodar Lane in Alamo
4. Set a public hearing for November 16, 2017 at 1:30 p.m. to receive comments on
revising District Code Chapter 6.12 and amending Exhibit "A" to Ordinance No. 296
related to Capacity Fees for Accessory Dwelling Units
BOARD ACTION: Motion was made by Member Williams and seconded by Member
Pilecki to adopt the Consent Calendar as recommended. Motion passed by
unanimous vote of the Board.
HEARINGS
5. 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 [Continued from September 21, 2017]
Senior Engineer Thomas Brightbill commented that he and Mr. Pope had been in
communication over the past few weeks regarding the status of the legislation
(SB 229), which was signed by Governor Brown on October 8, 2017, with an
effective date of January 1, 2018.
President Causey opened the hearing.
There being no comments, President Causey closed the hearing.
District Counsel Kent Alm provided copies of District Code Sections 1.24.010 (Relief
from ordinances or regulations because of special circumstances) and 1.24.020
(Relief from charges because of special circumstances). He noted that because of
the authority provided by these sections, and if the Board so desired, relief could be
granted to Mr. Pope by majority vote.
President Causey noted that Item 4 on the consent calendar above set a public
hearing for November 16 to consider amending the District Code and Ordinance
No. 296 to conform with the new regulations related to capacity fees for ADUs. At
the current meeting, however, the hearing is to consider Mr. Pope's appeal and, if
granted, to provide direction to staff regarding collection of capacity fees for ADUs
between October 8 and January 1.
Member McGill noted that the new law may be clear with respect to ADUs such as
that proposed by Mr. Pope, but there are subtleties in the law with respect to other
types of ADUs which the Board needs to consider at the November 16 public
hearing. He said his preference would be not to deal with these decisions on a
piecemeal basis.
November 2, 2017 Regular Board Meeting Agenda Packet - Page 9 of 303
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CENTRAL CONTRA COSTA SANITARY DISTRICT
October 19, 2017 Board Meeting Minutes - Page 3
Member Nejedly said he was in favor of granting Mr. Pope's appeal now that the
legislation has been signed. He said he was in favor of applying the new regulations
to all applicants effective October 8 because the intent of the law is to provide for
more affordable housing.
Member Nejedly made a motion to grant Mr. Pope's appeal. The motion was
seconded by President Causey.
Mr. Alm said a resolution will be brought back to the Board stating the rationale and
findings for granting the appeal.
Member Williams asked whether it should also be made clear that granting relief to
Mr. Pope was not meant to set a precedent for future legislation affecting the District.
In this case, the span of time between the Governor signing the bill and the effective
date is very short. Member Nejedly confirmed that his motion was absolutely not
meant to be precedent setting.
BOARD ACTION: Granted Mr. Pope's appeal and requested staff bring back a
resolution at the next meeting articulating the rationale that (1) the time
between passage of the legislation on October 8, 2017 and its effective date of
January 1, 2018 is very short, and (2) granting of the appeal is not intended to
set a precedent for future Board actions. Motion passed by the following roll
call vote of the Board:
AYES: Members: McGill, Nejedly, Williams, Causey
NOES: Members: Pilecki
ABSTAIN: Members: None
Member Pilecki said he voted no because, despite the fact that the action is not
considered precedent setting, it may raise issues for others who have submitted
ADU applications prior to October 8. He said he would have preferred to enforce the
legislation on its stated effective date of January 1.
President Causey said staff would like direction on how to address applications for
ADUs between October 8 and January 1.
Given that the Board had clearly stated its rationale for granting Mr. Pope's appeal,
Mr. Bailey suggested that the minutes of this meeting serve as record of the Board's
action, instead of bringing forth a resolution at the next meeting to confirm that
action. He also suggested that staff notify any applicants between now and
November 16 that a public hearing will be held that day to address how the District
will implement the new ADU legislation (SB 229) effective January 1. He explained
that the new legislation is not prescriptive enough in terms of how it must be applied.
The Board needs to have an opportunity to consider its options for interpreting how
to apply the law at the District, and that discussion will occur at the November 16
public hearing.
November 2, 2017 Regular Board Meeting Agenda Packet - Page 10 of 303
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CENTRAL CONTRA COSTA SANITARY DISTRICT
October 19, 2017 Board Meeting Minutes - Page 4
BOARD ACTION: It was the consensus of the Board that the minutes of this
meeting shall serve as sufficient record of granting Mr. Pope's appeal, with no
need to bring back a resolution at the next meeting. It was also the consensus
that all remaining issues with regard to implementing SB 229 shall be
addressed at the November 16 public hearing.
REPORTS AND ANNOUNCEMENTS
6. General Manager - Announcements
a. Announcements — October 19, 2017
1) Two District employees co-author magazine article on Optimizing
Proactive Maintenance using Reliability Centered Maintenance (RCM)
2) Contra Costa County Chapter of the California Special Districts
Association named Chapter of the Year for the second consecutive
year
3) Recap of General Manager authorized contracts, agreements, etc. —
Third Quarter 2017
4) Mutual Aid re Northern California Fires - Central San prepared to assist
5) GIS Analyst to conduct workshop at Adobe ColdFusion Summit on
November 15, 2017 in Las Vegas
No further announcements were made during the meeting.
BOARD ACTION: Received the announcements.
7. Counsel for the District — No report.
8. Secretary of the District
Ms. Boehme announced the following upcoming Committee meetings:
Real Estate, Environmental & Planning — Monday, October 23 at 9:00 a.m.
Administration — Tuesday, October 24 at 8:30 a.m.
Finance — Tuesday, October 24 at 2:00 p.m.
BOARD ACTION: Received the announcement.
November 2, 2017 Regular Board Meeting Agenda Packet - Page 11 of 303
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CENTRAL CONTRA COSTA SANITARY DISTRICT
October 19, 2017 Board Meeting Minutes - Page 5
9. Board Members — Committee Minutes
a. October 10, 2017 — Engineering & Operations Committee — Member Nejedly
and President Causey
BOARD ACTION: Received the Committee minutes.
10. Board Members - Reports 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
• September 25-28, 2017 — California Special Districts Association (CSDA)
Annual Conference in Monterey
• September 30 -October 4, 2017 — Water Environment Federation
Technical Exhibition and Conference (WEFTEC) in Chicago
• October 16, 2017 — CSDA Contra Costa Chapter Meeting in Martinez
Member McGill provided a written report covering his announcements and
other meetings.
Member Neiedly — No report.
Member Pilecki — No report.
Member Williams — No report.
President Causer — No report.
BOARD ACTION: Received the reports and announcements.
11. Requests for Stipend/Reimbursement or Conference Attendance — No requests
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.
WORKSHOP (Approximately 2:00 — 4:00 p.m.)
12. Informational workshop on former Concord Naval Weapons Station (aka Concord
Community Reuse Development)
a. Introduction
Roger S. Bailey, Central San General Manager (5 minutes)
b. Concord Community Reuse Development Project Update
Guy Bjerke, City of Concord Director of Community Reuse Planning
(30 minutes)
November 2, 2017 Regular Board Meeting Agenda Packet - Page 12 of 303
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CENTRAL CONTRA COSTA SANITARY DISTRICT
October 19, 2017 Board Meeting Minutes - Page 6
C. Water and Recycled Water Delivery Overview
Jeff Quimby, Contra Costa Water District Director of Planning '10 minutes)
d. Sewer Service Overview
Danea Gemmell, Central San Planning and Development Services Division
Manager (15 minutes,
e. Recycled Water Production Overview
Danea Gemmell (15 minutes)
Questions and Answers
The speakers each reviewed the presentations included with the agenda materials
and responded to questions from the Board Members.
President Causey asked if staff has been tracking its costs with regard to this
project. Ms. Gemmell responded affirmatively, noting that most of the costs have
been operations and maintenance. Down the road there will also be capital costs.
She said staff can provide reports as the project moves forward.
Mr. Bjerke said he expects the first interagency contracts to begin coming forward
next fall.
The Board expressed appreciation to the speakers for the excellent high-level
overview of the project.
BOARD ACTION: Held the workshop.
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 13
and 14.
RECESS TO CLOSED SESSION
The Board recessed at 3:25 p.m. to reconvene in closed session in the Caucus Room.
November 2, 2017 Regular Board Meeting Agenda Packet - Page 13 of 303
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CENTRAL CONTRA COSTA SANITARY DISTRICT
October 19, 2017 Board Meeting Minutes - Page 7
Closed Session
(Not video recorded)
CLOSED SESSION
13. Conference with labor negotiators pursuant to Government Code Section 54957.6:
District Negotiators:
• IEDA
• 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
Employee Organizations:
• Employees' Association, Public Employees Union, Local One
• Management Support/Confidential Group (MS/CG)
• Management Group
14. Personnel matters pursuant to Government Code Section 54957. Public
Employment — Title: Secretary of the District
RECESS TO OPEN SESSION
The Board recessed at 4:30 p.m. to reconvene in open session in the Board Room.
REPORT OUT OF CLOSED SESSION
Items 13 and 14 — None.
ADJOURNMENT
The meeting was adjourned at 4:31 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
November 2, 2017 Regular Board Meeting Agenda Packet - Page 14 of 303