Loading...
HomeMy WebLinkAboutBOARD MINUTES 10-19-17MINUTES* Central Contra Costa Sanitary District REGULAR BOARD MEETING Board Room Thursday, October 19, 2017 1:30 p.m. Open 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.- oll. 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 A= These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. Book 65 — Page 274 CENTRAL CONTRA COSTA SANITARY DISTRICT October 19, 2017 Board Meeting Minutes — Book 65 -Page 275 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. CENTRAL CONTRA COSTA SANITARY DISTRICT October 19, 2017 Board Meeting Minutes — Book 65 -Page 276 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. CENTRAL CONTRA COSTA SANITARY DISTRICT October 19, 2017 Board Meeting Minutes — Book 65 -Page 277 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. CENTRAL CONTRA COSTA SANITARY DISTRICT October 19, 2017 Board Meeting Minutes — Book 65 -Page 278 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 Causey — 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 b. Concord Community Reuse Development Project Update Guy Bjerke, City of Concord Director of Community Reuse Planning C. Water and Recycled Water Delivery Overview Jeff Quimby, Contra Costa Water District Director of Planning CENTRAL CONTRA COSTA SANITARY DISTRICT October 19, 2017 Board Meeting Minutes — Book 65 -Page 279 d. Sewer Service Overview Danea Gemmell, Central San Planning and Development Services Division Manager e. Recycled Water Production Overview Danea Gemmell 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. CENTRAL CONTRA COSTA SANITARY DISTRICT October 19, 2017 Board Meeting Minutes — Book 65 -Page 280 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 Directo 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