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HomeMy WebLinkAboutBOARD MINUTES 11-16-17MINUTES* Central Contra Costa Sanitary District REGULAR BOARD MEETING Board Room Thursday, November 16, 2017 1:30 p.m. Ogen Session — Board Room (Video recorded) BOARD OF DIRECTORS: PAUL H. CAUSEY President JAMES A. NEJEDLY President Pro Tem 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. INTRODUCTIONS 1. New employee: • Lela Joya, Administrative Assistant in the Engineering/Capital Projects Division, effective October 30, 2017 BOARD ACTION: Welcomed Ms. Joya. PUBLIC COMMENT PERIOD No comments. REQUESTS TO CONSIDER MATTERS OUT OF ORDER None. These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. Book 65 — Page 288 CENTRAL CONTRA COSTA SANITARY DISTRICT November 16, 2017 Board Meeting Minutes — Book 65 -Page 289 CONSENT CALENDAR 2. Approve the following: a. November 2, 2017 Board meeting minutes b. November 8, 2017 Special Board meeting minutes 3. Approve replacing a vacant Assistant Engineer position (S-73, $8,620-$10,428) with a Senior Engineer position (S-83, $10,941-$13,229). Approval recommended by Administration Committee. 4. Approve contract for labor and employment-related legal services with Hanson Bridgett LLP and Principal Counsel W. Daniel Clinton, Esq., effective January 1, 2018 through December 31, 2018, with an option to extend an additional year with a $10 per hour rate increase. Approval recommended by Administration Committee. 5. Authorize the General Manager to amend an existing professional engineering services agreement with Kleinfelder, Inc. to increase the cost ceiling from $95,000 to $170,500 for special inspection services under the Pump and Blower Building Seismic Upgrades, District Project 7291. Approval recommended by Engineering & Operations Committee. 6. Authorize the General Manager to execute a professional engineering services agreement with TJC and Associates, Inc. with a cost ceiling of $170,000 for design of the Plant Control System Input and Output (1/0) Replacement, Phase 1 — Filter Plant Project, District Project 7339. Approval recommended by Engineering & Operations Committee. 7. Authorize the General Manager to transfer $1,000,000 from the Capital Improvement Budget Contingency Account for the Pleasant Hill -Grayson Creek Trunk Sewer Project, District Project 8412; authorize an increase to the contract contingency budget from 6 percent to 8.5 percent; and authorize the General Manager to execute change orders up to $200,000 to finalize the contract for this project. Approval recommended by Engineering & Operations Committee. Member Pilecki asked to pull Item 7 for discussion. BOARD ACTION: Motion was made by Member Nejedly and seconded by Member McGill to adopt Consent Calendar Items 2 through 6 as recommended. Motion passed by unanimous vote. With regard to Item 7, Member Pilecki noted that the Engineering & Operations Committee had suggested that a letter be written to the City of Pleasant Hill expressing dissatisfaction with the numerous obstacles presented by the City on this project, but such a letter was not part of the Recommended Board Action in the Position Paper. As the liaison to the City of Pleasant Hill, Member McGill said he should be included in any future discussions with City officials related to this project. CENTRAL CONTRA COSTA SANITARY DISTRICT November 16, 2017 Board Meeting Minutes — Book 65 -Page 290 BOARD ACTION: Motion was made by Member Pilecki and seconded by Member McGill to adopt Consent Calendar Item 7, including the additional direction that the General Manager send a letter to the Pleasant Hill City Manager expressing Central San's concerns regarding the Pleasant Hill -Grayson Creek Trunk Sewer Project, and that Member McGill, as Board liaison, be part of any discussions with City officials in this regard. Motion passed by unanimous vote. PUBLIC HEARINGS 8. Conduct public hearing to receive public comment on proposed Ordinance No. 298 (uncodified) to establish reimbursement fees applicable to properties which could connect to Job 6530 on Deodar Lane in Alamo Senior Engineer Thomas Brightbill briefly summarized the proposed action to establish reimbursement fees for properties that can be connected to Job 6530. President Causey opened the public hearing. There being no comment, the hearing was closed. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member McGill to adopt Ordinance No. 298 to establish reimbursement fees applicable to properties which could connect to Job 6530 on Deodar Lane in Alamo. Motion passed by unanimous vote. 9. Conduct public hearing to consider the following to comply with Senate Bill 229 regarding Accessory Dwelling Unit (ADU) Capacity Fees: • Adopting proposed Ordinance No. 299 amending District Code Chapter 6.12 regarding Residential Capacity Fees, effective January 1, 2018 • Amending Exhibit A to Ordinance No. 296, "Schedule of Capacity Fees, Rates and Charges," originally adopted June 1, 2017, effective January 1, 2018 Mr. Brightbill gave a brief presentation in which he explained that the rationale for the above actions was to allow for compliance with the newly enacted legislation (SB 229) regarding ADUs, which will now become applicable to special districts. Mr. Brightbill also responded to questions from several Board Members regarding the methodology used in developing the staff recommendation as to how the ADU legislation regarding proportionality should be applied at Central San. President Causey opened the public hearing. There being no comment, the hearing was closed. Member Williams pointed out a minor correction to a word in the newly proposed language of Section 6.21.040. CENTRAL CONTRA COSTA SANITARY DISTRICT November 16, 2017 Board Meeting Minutes — Book 65 -Page 291 On the recommendation of District Counsel Kent Alm, these actions were voted on separately as follows: BOARD ACTION: Motion was made by Member Williams and seconded by Member Nejedly to adopt Ordinance No. 299, including the correction of one word, amending District Code Chapter 6.12 regarding Residential Capacity Fees, effective January 1, 2018. Motion passed by unanimous vote. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Williams to amend Exhibit A to Ordinance No. 296, "Schedule of Capacity Fees, Rates and Charges" originally adopted June 1, 2017, effective January 1, 2018. Motion passed by unanimous vote. Action Subsequent to Public Hearing Item 9. 10. Consider adopting proposed Resolution No. 2017-047 providing direction to staff regarding capacity fees for ADU applications received between October 8, 2017 and December 31, 2017 General Manager Roger S. Bailey explained that staff was requesting direction from the Board as to the handling of ADU applications received during the period between when the AUD legislation was signed and the effective date. He referred to the proposed resolution drafted by staff for the Board's consideration. BOARD ACTION: Motion was made by Member Williams and seconded by Member McGill to adopt Resolution No. 2017-047. Motion passed by the following vote: AYES: Members: McGill, Nejedly, Williams, Causey NOES: Members: Pilecki ABSTAIN: Members: None Member Pilecki said he voted against adoption of the resolution because he believes applying the legislation earlier than January 1, 2018 has the potential to create issues with ADU applications and may set a precedent. HEARINGS 11. Conduct a hearing to consider appeals by the following appellants of staff decisions that capacity fees are owed for proposed Accessory Dwelling Units (ADU) as follows: • Mr. Mark Larkin — 961 Irvin Court, Pleasant Hill • Mr. Don Shaw —1465 Cortez Court, Walnut Creek CENTRAL CONTRA COSTA SANITARY DISTRICT November 16, 2017 Board Meeting Minutes — Book 65 -Page 292 Mr. Brightbill stated that because of the action taken by the Board on Item 10, it was his belief that the appeals made by Mr. Larkin and Mr. Shaw both have effectively been granted. BOARD ACTION: No action needed. OTHER BOARD ACTION ITEMS 12. Provide direction regarding updates to Central San's existing logo. Approval recommended by Administration Committee. Communication Services and Intergovernmental Relations Manager Emily Barnett explained Options A and B as presented to the Administration Committee on September 12, 2017. She pointed out the subtle refinements to the logo for both options and explained that the Committee had recommended adoption of Option B with a "lite" implementation process. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member McGill to direct staff to proceed with Option B with a "lite" implementation process. Motion passed by the following vote: AYES: Members: McGill, Nejedly, Pilecki, Causey NOES: Members: None ABSTAIN: Members: Williams Member Williams abstained from voting because he would have preferred a complete logo change similar to that considered earlier this year. 13. Receive and accept updated project schedule and budget for the CoCo San Sustainable Farm and request quarterly Committee updates. Reviewed by Real Estate, Environmental & Planning (REEP) Committee. [Continued from August 17, 2017 Board meeting] Mr. Bailey stated that the CoCo San Sustainable Farm provides an annual report each April. After receiving an update in July, the Board requested a more comprehensive budget and schedule, both of which were provided by AgLantis and included in the agenda materials. Carolyn Phinney, Ph. D., representing the Farm/AgLantis, was in attendance and responded to questions from the Board Members. Member Williams noted that part of the rationale prompting support for the Farm was the linkage to education about uses for recycled water and, to a lesser degree, the provision of fresh produce to the local food bank and schools. He opined that recycled water for plants is now more universally accepted and the need for education about recycled water has substantially diminished. With regard to produce, he asked Dr. Phinney when she expects produce to be available and what types of produce will be planted. CENTRAL CONTRA COSTA SANITARY DISTRICT November 16, 2017 Board Meeting Minutes — Book 65 -Page 293 Dr. Phinney said the educational component of the Farm goes beyond recycled water; it includes broader environmental education. She said a variety of seeds will be planted this winter (watered by rain), with the expectation that produce will be available this summer. Member Nejedly stated that because he voted no on the Farm project more than three years ago he would be either voting against or abstain from voting on any motion brought forth at this meeting regarding the Farm. In response to a question from Member Williams, Planning and Development Services Manager Danea Gemmell said that once the District's recycled water permit has been amended to allow for agricultural use, and confirmation is received from the County that the previous Geotechnical report can be used, Central San will have performed all of its obligations under the lease. The District will provide a meter for recycled water and once an amended irrigation plan is received from AgLantis, staff can pursue an amended permit to address agricultural use, at which point Central San will be done with its contractual obligations. She noted that Central San is not required to provide fire flow to the Farm. Member Williams asked if the donated mulch and manure being spread on the soil has been analyzed for potential contaminants. Dr. Phinney said it has not been tested because eco -mulch is allowed by the County. Member Pilecki suggested that staff test a sample to assure there are no concerns with the material that has been spread. Member Williams said he appreciated the effort put forward by Dr. Phinney in preparing the updated project schedule and budget, but they do not measure up in terms of what the Board would typically expect from a project. Going forward, he said staff deserves to have clear direction from the Board as to what is expected. With regard to tracking of District costs related to the Farm, Ms. Gemmell said all costs are tracked to an operations tracking number. President Causey said it is important that cost reports be generated periodically for purposes of public disclosure and transparency. Director of Finance and Administration Phil Leiber said staff could produce such reports going forward. BOARD ACTION: Motion was made by Member Causey and seconded by Member McGill to receive the updated project schedule and budget for the CoCo San Sustainable Farm, direct staff to limit any further Farm -related work to that contractually required of the District by the lease agreement and County permit, and provide cost reports on a regular basis. Motion passed by the following vote of the Board: AYES: Members: McGill, Pilecki, Williams, Causey NOES: Members: Nejedly ABSTAIN: Members: None CENTRAL CONTRA COSTA SANITARY DISTRICT November 16, 2017 Board Meeting Minutes — Book 65 -Page 294 It was noted that quarterly updates to the project schedule and budget will be provided to the REEP Committee. With regard to the reporting of costs associated with the Farm, Mr. Bailey said he will work with staff to determine the best method for regular reporting. REPORTS AND ANNOUNCEMENTS 14. General Manager — Reports — None. 15. General Manager —Announcements a. Announcements — November 16, 2017 1) Public bidding for Fire Protection System - Phase 2 (revised October 2017), District Project 7322 2) Central San conducts annual Emergency Operations Center activation exercise 3) Board of Directors scheduled to discuss utilization of favorable Fiscal Year 2016-17 Budget variances and Fiscal Year 2017-18 Budgeted additional unfunded actuarial accrued liability (UAAL) payment at the December 7, 2017 meeting 4) Central San purchases natural gas through 2019 Mr. Bailey made the following additional announcement at the meeting: 5) Mr. Bailey reminded the Board Members that he will be out of the office from November 28-30, 2017 attending the American Water Summit Conference in Austin, Texas BOARD ACTION: Received the announcements. 16. Counsel for the District Mr. Alm reported that he will be out of the country for the next two weeks; his staff will be available in his absence. 17. Secretary of the District Ms. Boehme announced the following upcoming Committee meetings: Administration — Tuesday, November 21 at 8:30 a.m. Finance — Tuesday, November 21 at 2:00 p.m. Ms. Boehme also announced that she will be retiring from the District as of November 27, 2017. As such, this was her last meeting as Secretary of the District. im 19 CENTRAL CONTRA COSTA SANITARY DISTRICT November 16, 2017 Board Meeting Minutes — Book 65 -Page 295 On behalf of the entire Board, President Causey thanked Ms. Boehme for her excellent service to the District. He also introduced Donna Anderson, Assistant to the Secretary of the District, whom he said will be serving as Interim Secretary of the District until Ms. Boehme's replacement is named. BOARD ACTION: Received the announcements. Board Members — Committee Minutes a. November 7, 2017 — Engineering & Operations Committee — Member Nejedly and President Causey BOARD ACTION: Received the Committee minutes. 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 • November 2, 2017 — Contra Costa County Mayors' Conference hosted by the Town of Moraga • November 7, 2017 — Board Liaison participation in meeting of Contra Costa Chapter of California Special Districts Association (CCSDA) Nominating Committee (via phone) • November 9, 2017 — Industrial Association of Contra Costa County (IACCC) November Forum in Pleasant Hill • November 13, 2017 — Board Liaison participation in meeting of CCSDA Nominating Committee (via phone) Member McGill provided a written report covering his announcements and other meetings. Member Nejedly — No report. Member Pilecki — No report. Member Williams — No report. President Causey • November 8, 2017 — Board Liaison presentation to the Danville Town Council BOARD ACTION: Received the reports and announcements. CENTRAL CONTRA COSTA SANITARY DISTRICT November 16, 2017 Board Meeting Minutes — Book 65 -Page 296 20. 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 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 21 and 22. RECESS TO CLOSED SESSION Prior to recessing to closed session, President Causey announced he will be adjourning the meeting in honor of Ms. Boehme. The Board recessed at 3:15 p.m. to reconvene in closed session in the Caucus Room. Closed Session (Not video recorded) CLOSED SESSION 21. 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 22. Personnel matters pursuant to Government Code Section 54957. Public Employment — Title: Secretary of the District CENTRAL CONTRA COSTA SANITARY DISTRICT November 16, 2017 Board Meeting Minutes — Book 65 -Page 297 RECESS TO OPEN SESSION The Board recessed at 5:09 p.m. to reconvene in open session in the Board Room. REPORT OUT OF CLOSED SESSION Items 21 and 22 — None. ADJOURNMENT The meeting was adjourned at 5:10 p. m. in honor of Secretary of the District Elaine R. Boehme, who will retire as of November 27, 2017. n4 �Qju� Paul H. Causey, P.E. President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: R Donna M. Anderson Provisional Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California