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HomeMy WebLinkAboutBOARD MINUTES 07-20-00 136 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JULY 20, 2000 The District Board of the Central Contra Costa Sanitary District convened in a regular session at its regular place of meeting, 501 9 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on July 20, 2000. President Lucey called the meeting to order and requested that the Secretary call roll. ,. ROLL CALL PRESENT: Members: Nejedly, Menesini. Hockett, Boneysteele, Lucey ABSENT: Members: None 2. PUBLIC COMMENTS None 3. AWARDS AND COMMENDATIONS a. RECEIVE ASSOCIATION OF METROPOLITAN SEWERAGE AGENCIES (AMSA) GOLD AWARD RECOGNIZING CCCSD'S OUTSTANDING WASTEWATER TREATMENT EFFORTS IN ACHIEVING 100 PERCENT COMPLIANCE WITH NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT DURING CALENDAR YEAR 1999 . Mr. Charles W. Batts, General Manager, stated that one of the most important aspects of the mission of the District is to treat sewage and return clean water to the environment. In this function, the District's primary customers are the regulatory agencies and the public we serve. The District has received the Association of Metropolitan Sewerage Agencies (AM SA) Gold Award for no reportable permit violations during the calendar year for the second year in a row. Mr. Batts introduced Mr. James M. Kelly, Director of Plant Operations, who stated that an award like this is a team effort. Both operations and maintenance are key on a day to day basis. Other very important members are the Board of Directors who allocate the funds to build the necessary projects, and Engineering Department staff who provide projects. Mr. Kelly thanked all those who contributed to this team effort, stating that this is the third time in the last ten years that the District has received the AMSA Gold Award and the second consecutive year. Mr. Kelly stated that he is very proud of this accomplishment. Mr. Doug Craig, Plant Operations Division Manager, and Mr. Ted Smith, Plant Operations Superintendent, presented the AMSA Gold Award for 1999 to President Lucey and the Board of Directors. -- President Lucey stated that it is an amazing feat to receive a single AMSA Gold Award but to receive such an award two years in a row is a truly significant achievement. President Lucey and the Board of Directors applauded all those who helped achieve 100 percent compliance with the NPDES permit. 4. CONSENT CALENDAR It was moved by Member Hockett and seconded by President Lucey, that the Consent Calendar, consisting of Items a. through f., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. '07 20 00 137 a. Resolution No. 2000-092 accepting work and Offers of Dedication from David A. Butler and Linda A. Butler, Job 5253, Parcel 2, Danville area, was adopted and recording was authorized; Resolution No. 2000-093 accepting work and Offers of Dedication from Richard H. Fuller and Betty lo Fuller, Job 5253, Parcel 3, Danville area, was adopted and recording was authorized; Resolution No. 2000-094 accepting work and Offers of Dedication from Harley J. Delano and Patricia A. Delano, Job 5253, Parcel 4, Danville area, was adopted and recording was authorized; Resolution No. 2000-095 accepting work and Offers of Dedication from David N. Woldstad and Michelle E. Woldstad, Job 5253, Parcel 5, Danville area, was adopted and recording was authorized; Resolution No. 2000-096 accepting work and Offers of Dedication from Charles lo Andrews and Mary Ann Andrews, Job 5253, Parcel 6, Danville area, was adopted and recording was authorized; Resolution No. 2000-097 accepting work and Offers of Dedication from Michael G. Rogers and Kathleen R. Rogers, Job 5253, Parcel 7, Danville area, was adopted and recording was authorized; Resolution No. 2000-098 accepting work and Offers of Dedication from Wayne D. Lazenby and Jacquelyn Lazenby, Job 5253, Parcel 8, Danville area, was adopted and recording was authorized; Resolution No. 2000-099 accepting work and Offers of Dedication from Frederick J. Braese and Jerris A. Braese, Job 5253, Parcel 9, Danville area, was adopted and recording was authorized; Resolution No. 2000-100 accepting work and Offers of Dedication from Jay Harrison and Nanci West Harrison, Job 5253, Parcel 10, Danville area, was adopted and recording was authorized; Resolution No. 2000-101 accepting work and Offers of Dedication from Ahmadrezza Fattahi, Job 5253, Parcel' 11, Danville area, was adopted and recording was authorized; Resolution No. 2000-102 accepting work and Offers of Dedication from Mike Terpstra and Allyn Terpstra, Job 5253, Parcel 12, Danville area, was adopted and recording was authorized; Resolution No. 2000-103 accepting work and Offers of Dedication from Bollinger Crest Apartment Investors, LLC, Job 5298, Parcel 2, San Ramon area, was adopted and recording was authorized; Resolution No. 2000-104 accepting work and Offers of Dedication from Merritt Four, LP, a California Limited Partnership, Job 5340, Parcel 1, San Ramon area, was adopted and recording was authorized; Resolution No. 2000-105 accepting work and Offers of Dedication from Dennis R. Hourany and Susan lo Hourany, Trustees of the Dennis R. and Susan lo Hourany Trust dated October 1, 1994, Job 5381, Parcel 3, Lafayette area, was adopted and recording was authorized; Resolution No. 2000-106 accepting work and Offers of Dedication from Eric S. Merrill and Michele M. Merrill, Job 5381, Parcel 4, Lafayette area, was adopted and recording was authorized; Resolution No. 2000-107 accepting work and Offers of Dedication from Brian P. Quinn and Julie A. Quinn, Job 5381, Parcel 5, Lafayette area, was adopted and recording was authorized; Resolution No. 2000- 108 accepting work and Offers of Dedication from Roger N. Wiggins, D.V.M., and Kathleen lo Wiggins, Job 5381, Parcel 6, Lafayette area, was adopted and recording was authorized; Resolution No. 2000-109 accepting work and Offers of Dedication from Wayne lo Lawson, Job 5381, Parcel 7, Lafayette area, was adopted and recording was authorized; Resolution No. 2000-110 accepting work and Offers of Dedication from Michael B. Anderson and Charlotte W. Anderson, Job 5381, Parcel 8, Lafayette area, was adopted and recording was authorized; and Resolution No. 2000-111 accepting work and Offers of Dedication from Constantine Christopoulos and Jeanie Christopoulos, Job 5382, Parcel 2, Lafayette area, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Lucey, Nejedly, Menesini, Boneysteele None None 07 '20 00 138 07 b. A Quitclaim Deed to John and Rhonda Montgomery for an easement in the Walnut Creek Area, Job 1312, was approved; the President of the Board of Directors and the Secretary of the District were authorized to execute and record said Quitclaim Deed with the Contra Costa County Recorder; and Resolution 2000-11 2 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Lucey, Nejedly, Menesini, Boneysteele None None c. Quitclaim Deeds to Oakmont of Moraga, LLC and Russell J. Bruzzone, Inc. were approved; the President of the Board of Directors and the Secretary of the District were authorized to execute and record said Quitclaim Deeds with the Contra Costa County Recorder; and Resolution Nos. 2000-113 and 2000-114 were adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Lucey, Nejedly, Menesini, Boneysteele None None d. Authorization was given for P.A. 00-12, .P.A. 00-13 (Orinda), P.A. 00-14, P.A. 00-15 (Lafayette), P.A. 00-16 (Pleasant Hill), P.A. 00-17 (Orinda), P.A. 00-' 8 (Walnut Creek), and P.A. 00-19 (Lafayette) to be included in a future formal annexation to the District. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Lucey, Nejedly, Menesini, Boneysteele None None e. Resolution No. 2000-115 was adopted, directing that the 2000-2001 yearly installments of assessments for Contractual Assessment Districts be collected on the County tax roll. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Lucey, Nejedly, Menesini, Boneysteele None None f. A public notice was authorized, advertising that documentation used in the determination of the appropriations limit shall be available fifteen days prior to the Board Meeting to be held on September 7, 2000, at which the appropriations limit for the Sewer Construction Fund for the fiscal year 2000-200' will be established. Motion unanimously approved on the following vote: 20 00 139 AYES: Members: Hockett, Lucey, Nejedly, Menesini, Boneysteele NOES: Members: None ABSENT: Members: None 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 6. BIDS AND AWARDS a. AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO MCGUIRE AND HESTER CONSTRUCTION COMPANY FOR THE NO. 11 LOST VA~LEY DRIVE SLIDE REPAIR PROJECT. DP 5453 Mr. Batts, General Manager, recommended that the Board authorize award of construction contract to McGuire and Hester Construction Company for No. 11 Lost Valley Drive Slide Repair Project. If the Board has questions about the project, bid, or status of legal action, a closed session has been scheduled; and if they wish, the Board can adjourn to closed session at this time. There being no questions, it was moved by Member Nejedly and seconded by Member Menesini, that award of a construction contract in the amount of $ 190,190 for construction of the No. 11 Lost Valley Drive Slide Repair Project, DP 5453, be authorized to McGuire and Hester Construction Company, the lowest responsible bidder. There being no objection, the motion was unanimously approved. b. AUTHORIZE AWARD OF A CONTRACT TO MILLER PIPELINE CORPORATION FOR PROVIDING POTHOLING SERVICES c. AUTHORIZE AWARD OF A CONTRACT TO PRECISION LOCATING FOR PROVIDING LOCATING SERVICES FOR UNDERGROUND UTILITIES d. AUTHORIZE AWARD OF A CONTRACT TO ROTO-ROOTER SEWER SERVICE FOR PROVIDING TELEVISION INSPECTION SERVICES OF SANITARY SEWERS Mr. Batts, General Manager, stated that these three awards are for blanket contracts for repetitive service work associated with engineering and construction projects. For the past several years the District has contracted out such services. Following discussion, it was moved by Member Menesini and seconded by Member Nejedly, that award of a contract in the initial contract amount of $ 185,250 be authorized to Miller Pipeline Corporation, the lowest responsible bidder, for providing potholing services for a two-year period; that award of a contract in the initial contract amount of $88,318 be authorized to Precision Locating, the lowest responsible bidder, for providing locating services of underground utilities for a two-year period; and that award of a contract in the initial amount of $164,115 be authorized to Roto-Rooter Sewer Service, the lowest responsible bidder, for providing television inspection services of sanitary sewers for a two-year period. There being no objection, the motion was unanimously approved. 7. REPORTS a. GENERAL MANAGER 1 ) Mr. Batts, General Manager, introduced Ms. Harriette Heibel, Community Affairs Manager, who stated that the last issue of the Pipeline Newsletter came out in March 2000 when the Board was deliberating on the proposed Sewer Service Charge rate increase and the proposed increase was the chief story. Ms. Heibel suggested the following ideas for articles for the upcoming issue and indicated that staff would welcome the Board's input: 07 20 00 140 b. 07 . . Follow up to the Sewer Service Charge story Generating power for the District to ease the electric load during brown outs Construction of new facilities Building over easements Pollution Prevention education Household Hazardous Waste Collection Facility update Acceptance of credit cards at the Permit Counter and Household Hazardous Waste Collection Facility . . . . . In the discussion that followed, Board Members endorsed the idea of articles on easing the electric load, Household Hazardous Waste Collection Facility update, large projects and new facilities stressing the rationale for building the new laboratory, and the District's award winning operation. Ms. Heibel thanked the Board for their ideas and input. 2) Mr. Batts, General Manager, announced that the District will soon be advertising for bids for the Hartz Avenue Slide Repair Project. 3) Mr. Batts, General Manager, updated the Board on the status of the District's National Pollutant Discharge Elimination System (NPDES) permit renewal, stating that the Regional Water Quality Control Board again delayed consideration of the District's permit until at least early next year. The Regional Board is delaying several permits to incorporate requirements of the California Toxics Rule and the State Implementation Plan (State Water Quality Plan for Inland Surface Waters and Enclosed Bays and Estuaries). The appeal of new permits is taking Regional Board staff time away from drafting new permits, and the State is discussing major shifts in staff resources. 4) Mr. Batts, General Manager, announced that to be in compliance with Senate Bill 709, the Clean Water Enforcement and Pollution Prevention Act of 1999, the State Regional Water Quality Control Boards are reviewing all electronic reporting data and proceeding to issue mandatory fines for violations. Based on some of the problems with the data, agencies have been advised to review their reports. At this time there are no violations of the District's permit or monitoring requirements. 5) Mr. Batts, General Manager, reported that in recent weeks substantial progress has been made on the landfill gas contract negotiations and staff hopes to bring a contract to the Board for approval in the near future. The contract would be an amendment to the existing contract that would extend the term for five years and apply only to landfill gas. The contract would set a cost floor for the provider, give the District a substantial discount over the cost of natural gas, and include any future issues on electrical power. If for any reason negotiations reach an impasse, staff will come back to the Board and recommend that the District issue a 90-day notice to terminate the existing agreement. 6) Mr. Batts, General Manager, announced that the Collection System Operations (CSO) Department has completed four years of work without a lost-time injury. Mr. Batts stated that this milestone will be celebrated by all CSO employees and Safety staff. COUNSEL FOR THE DISTRICT 1 ) Mr. Kenton lo Aim, Counsel for the District, stated that after the agenda was posted an issue developed with regard to the Contra Costa Country Club recycled water agreement. Mr. Aim stated that he and District staff have met with representatives of the Contra Costa County Club to discuss a contract amendment which provides for a long term agreement and reimburses the Country Club for work done on their property to allow use 20 O() c. d. 141 of recycled water. A tentative agreement has been reached but there are some slight changes proposed to what was previously approved by the Board. The term was 20 years with a provision to reduce the term by using more than the minimum amount of recycled water. It is proposed that the contract be a flat 20-year contract without the ability to take less water, and that the minimum usage be lowered from 173 acre feet to 150 acre feet per year. The other terms of the contract would remain the same. President Lucey stated that he would like this to come back to the Board at the first meeting in September since he will not be able to attend the August Board Meetings. At that time, President Lucey requested that all of the facts be presented again before any change in the terms is considered. President Lucey requested information with regard to what was previously agreed to and what the affect of reducing the minimum would be. In the discussion that followed Mr. Aim stated that Contra Costa Country Club has completed a large construction contract to put in a dual irrigation system, they have paid their contractor, and they would like very much to execute the agreement so they can get the money they believe they are owed. Member Boneysteele stated that Board Members are under some sort of obligation to get the business of the District done. An important customer has asked that this be considered in a reasonably expedited manner. President Lucey stated that he would like to be part of the discussion but if . three Board Members wish to proceed in August, that is acceptable to him. Following further discussion, President Lucey withdrew his request that consideration of this matter be held until September. The Board agreed that this matter be calendared for consideration at the August 17, 2000 Board Meeting. SECRETARY OF THE DISTRICT 1 ) Ms. Joyce E. Murphy, Secretary of the District, reported that one individual has taken out papers for election to the District Board of Directors: J. Kirby Narcisse. To date, no one has filed. The deadline for filing is 5:00 p.m. on August 11, 2000. BOARD MEMBERS 1 ) Member Menesini reported on the July 17, 2000 Contra Costa Special Districts Association meeting at which topics of discussion included, the lack of sewer service capacity for a new school built by the Byron School District and the need for public agencies to check with the Local Agency Formation Commission prior to building, a legislative update, report of the Contra Costa County Treasurer Oversight Committee, Mayors' Conference report, and a report from Assemblyman Tom Torlakson. It was noted that the next Contra Costa Special Districts Association meeting will be a Legislative Reception sponsored jointly with the Alameda Special Districts Association. . The Legislative Reception will be held on August 10, 2000 from 4:30 p.m. to 7:00 p.m. at the San Ramon Valley Fire Protection District Headquarters, 1500 Bollinger Canyon Road, San Ramon. 2) Member Nejedly, Chair of the Personnel Committee, reported that he and President Lucey met with staff on July 13, 2000 to review the District's recruitment program, management of overtime usage, and various other personnel matters. Member Nejedly distributed highlights of the meeting and copies of the Preliminary 2000 Diversity Report. Member Nejedly noted that a number of Human Resources position papers will appear on future Board Meeting agenda. Mr. Batts, General Manager, stated that the District <OR ~ø:: OJ) 142 will be doing some job sharing to facilitate keeping people employed yet allowing them to meet their domestic obligations. Mr. Batts stated that he believes this can be done under existing authorization. 3) Member Menesini reported on the recent Environmental Alliance discussion series on the use of fish nets to reduce the numbers of fish getting caught in industrial pumps. Member Menesini stated that Southern Electric is to be commended for proceeding with this $5 million research project. 8. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AMENDMENT WITH ASSOCIATED RIGHT OF .WAY SERVICES. INC.. WITH A COST CEILING OF $75.000 FOR RIGHT OF WAY CONSULTING SERVICES Mr. Batts, General Manager, stated that Associated Right of Way Services will be assisting staff in dealing with an expected peak workload in acquiring permanent and temporary easements for sewer projects, and a backlog of easement encroachment issues that need to be addressed. Associated Right of Way Services will also .be working to improve existing easement rights and resolve easement encroachments that hinder sewer maintenance. This type of easement acquisition requires specialized knowledge and experience to appraise, interpret easement documents, resolve easement encroachments, negotiate, and acquire the necessary easements. Associated Right of Way Services was selected to perform this work through a formal proposal and interview process. Eight firms or consortiums were evaluated for this work. It was moved by Member Nejedly and seconded by Member Hockett, that the General Manager be authorized to execute an amendment to add $75,000 in cost ceiling for a total of $' , 0,000 and one year term to the current agreement with Associated Right of Way Services, Inc. for real property rights consulting services. There being no objection, the motion was unanimously approved. b. CONSIDER THE FORMATION OF A CONTRACTUAL ASSESSMENT DISTRICT (CAD) FOR PROPERTIES ON VIA CERRADA IN ALAMO FOR INSTALLATION OF SEWER IMPROVEMENTS: ADOPT RESOLUTIONS OF INTENTION TO CREATE VIA CERRADA CAD NO. 2000-6. FOR APPROVAL OF BOUNDARY. AND REQUESTING CONSENT OF CONTRA COSTA COUNTY FOR CCCSD TO CONDUCT PROCEEDINGS FOR THE CAD c. CONSIDER THE FOR~A TION OF A CONTRACTUAL ASSESSMENT DISTRICT (CAD) FOR PROPERTIES ON CORWIN DRIVE. LA SONOMA. AND .LOS ALAMOS IN ALAMO FOR INSTALLATION OF SEWER IMPROVEMENTS: ADOPT RESOLUTIONS OF INTENTION TO CREATE CORWIN DRIVE/LA SONOMA/LOS ALAMOS CAD NO. 2000-4. FOR APPROVAL OF THE BOUNDARY. AND REQUESTING CONSENT OF CONTRA COSTA COUNTY FOR CCCSD TO CONDUCT PROCEEDINGS FOR THE CAD Mr. Batts, General Manager, stated that these two positions papers are to consider formation of Contractual Assessment Districts (CADs). If the Board approves the formation of the CADs, staff will present the proposed projects and costs for approval at a future Board Meeting. The first proposed CAD for three homes in Alamo on failing septic systems, is one that was discussed at the last Board Meeting. This item has been placed on the agenda as a request for an exception to the five parcel minimum requirement for CADs to allow for Board discussion and action. Mr. Batts stated that the second proposed CAD involves 38 homes on septic tanks. If the Board approves the formation of these CADs, it would put the total CADs in the pipeline awaiting funds at close to $' million. In January' 998 the Board adopted Resolution No. 99-010 adopting Contractual Assessment District Policy, and establishing a budget of $1 million per year for three years. After three years, the CAD Program was to be reviewed and the budget increased or decreased as appropriate. Because for the first time the total amount of outstanding CAD improvements is approaching $ , million, with the Board's permission staff would propose that the intent of the language in the resolution be clarified by adding 07 20 0: 0 ,i . 143 language that more clearly states that District loan financing for CAD improvements is subject to the availability of funds and any limitation on the commitment or expenditure of funds for the CAD Program that may be established from time to time by the District Board of Directors. Mr. Batts introduced Mr. Jarred Miyamoto-Mills, Principal Engineer, who stated that at the last Board Meeting there was correspondence and discussion on requests for two CADs that did not meet the criteria established by the Board in the Contractual Assessment District Policy adopted in 1998. Mr. Miyamoto-Mills reviewed the criteria for formation as follows: . There must be at least five properties directly tributary to the proposed facilities in order to form a CAD. . A minimum of 60 percent of the properties directly tributary to the proposed sewer shall have existing homes served by septic tank systems. . The District's decision as to whether to form a CAD will be determined on a case by case basis and is at the sole discretion of the Board of Directors. The Board will consider technical, economic, 'staffing, budget, and other factors in its decision whether to proceed to form a CAD. Mr. Miyamoto-Mills stated that the three properties on Via Cerrada in Alamo have requested an exemption to the criterion for formation of a CAD. Mr. Miyamoto-Mills reviewed the Via Cerrada proposal to serve three properties completely surrounded by other properties already served by the sanitary sewer system. The estimated cost for the Via Cerrada project is $56,000. All three of the homes are on failing septic tank systems, and one of the houses cannot be occupied at this time. All three property owners have filed letters of intent to participate in the CAD if it is formed. Staff recommends that the Board authorize formation of a CAD consisting of three properties on Via Cerrada without establishing precedent for an exception to the five property minimum rule. Mr. Miyamoto-Mills reviewed the other proposed CAD for properties on Corwin Drive, La Sonoma, and Los Alamos. Mr. Miyamoto-Mills stated that this neighborhood is near Gary Way and Muir Lane, two previous CAD projects. If approved, this CAD would be the largest CAD to date. Thirty-eight homes could be connected to the sewer system, 2,458 feet of sewer and ten manholes would be installed. The estimated cost of the project is $347,000. Mr. Miyamoto-Mills reviewed a chart showing potential CADs awaiting funding commitment in fiscal year 2000-2001. If the two proposals before the Board today were approved, it would bring the estimated total of potential CADs from 1996 through the present awaiting funding commitment to $937,200. Two additional potential CADs with estimated costs totaling $260,000 are pending for a total of $ 1.2 million if all CADs in process or pending were to go to completion in fiscal year 2000-2001. Mr. Miyamoto- Mills reviewed the CAD expenditure summary from 1996-1997 through the present. Mr. Miyamoto-Mills stated that this would be an appropriate issue for the Board to consider at the Capital Improvement Budget workshop tentatively being planned for September. Mr. Miyamoto-Mills stated that it is proposed 'that additional language be added to the resolution clarifying this funding issue. Mr. ~iyamoto-Mills reviewed the proposed language as set forth in the handout provided to the Board.. Member Hockett stated that she understands the disclosure piece of the proposed revisions but finds it difficult to envision facing. a family and telling them that the District ran out of money so they cannot live in their home. Member Hockett stated that she understands the need for a budget and its purpose in the initial discussion of CADs but she believes that individual requests should be considered on a case by case basis. Mr. Batts stated that people are never told that they cannot hook up to the sewer system. A CAD simply offers a funding mechanism to help people connect. Staff would like to discuss this with the Board at the Capital Improvement Budget workshop, but wanted the Board to be aware that the total cost of all potential CADs is approaching $ 1 million. 07 20 00 144 Member Nejedly stated that the CAD Program criteria were made very simple and to the point. The minimum number of properties was kept at five. One of the reasons was to help people with failing septic tanks who could not afford to connect to the sewer system. Member Nejedly stated that he wants to protect the health and welfare of the community. What we see here is three houses, one vacant because someone passed away. They want to hook up to the sewer system for all the right reasons but it does not meet the criteria and the original intent of the program. In the second request there are 38 homes. That is enough homes to form a Local Improvement District (LID). There are other means they could use to fund the project. If the request for formation of the 38-property CAD is approved, $347,000 of the annual budget of $1 million will be committed. Member Nejedly asked if any of the 38 homes had failing septic tanks. Mr. Russell Leavitt, Management Analyst, stated that he was not aware that any have failing septic tanks but there are several who are eager to hook up. President Lucey stated that something that Member Boneysteele said when the District first considered the CAD Program has been resonating with him for the last couple weeks. Member Boneysteele said that once the CAD Program is started it will keep expanding and expanding. That was prophetic. President Lucey stated that he does not have a problem with the 38-home CAD but he does not want to go beyond $1 million per year under any circumstances and he does not want to make exceptions. President Lucey stated that he does not think there should be any exceptions at least until this issue is discussed at the workshop. In response to questions from the Board, Mr. Miyamoto-Mills described the steps and costs involved in forming a LID, noting that a LID is generally $ 1 0,000 to $ 1 5,000 more expensive than a comparable CAD because it is necessary to employ the services of bond counsel. Mr. Batts stated that another reason that property owners prefer a CAD to a LID is the neighbor issue. If some property owners do not want to connect at the same time or take on the financial responsibility at that time, they are not required to in a CAD. In a CAD, participants pay the non-participants' shares until they connect. Member Hockett stated that the whole purpose of the District CAD Program was to improve public health and to do something that is right and good. It is a beginning and the Board knew that $1 million was a beginning figure and the five property minimum was as well. Member Hockett stated that there is no way that she could not agree with allowing people who have the energy to form a CAD and have failing septic tanks not to form a I CAD and connect to the sewer system. President Lucey stated that he is not saying residents cannot hook up to the sewer. He is saying that he will not have the ratepayers pay for it. Member Hockett stated that the CAD participants are footing the bill. Three properties are not any different than five. Member Menesini stated that unfortunately the Board really never set up a criteria saying what was meant. Member Menesini suggested that we go to the drawing board and really define what we are talking about, what we want the CAD program to do, and how we want it to function. In response to a question from Member Menesini, Mr. Batts stated that one of the reasons staff made the CAD Program a three-year demonstration project was the CAD criteria was designed to be as simple and practical as possible. Mr. Batts reviewed the CAD criteria and indicated the demonstration period was to allow for adjustments to the program or funding. In response to a question from President Lucey, Mr. Miyamoto-Mills stated that the September workshop was intended to clarify funding issues and evaluate the program as we come to the end of the three-year demonstration period. 07 20 00 145 President Lucey suggested that the CAD criteria be considered at that workshop as well, indicating that he would prefer an overall approach rather than considering CAD's on a case by case basis. In the discussion that followed, Mr. Batts stated that since there are six months remaining on the three year CAD demonstration program, the Capital Improvement Budget workshop seemed an appropriate place to review the CAD Program, but staff is also customer service oriented and we are coming up against the $ 1 million limit established by the Board. For that reason, this matter was raised to the Board at this time. Following further discussion, it was moved by Member Hockett, that formation of a CAD consisting of three properties on Via Cerrada be authorized without establishing precedent for an exception to the "five property minimum" rule; that a resolution of intention to create Via Cerrada CAD No. 2000-6 for the purpose of installing sewer improvements be adopted; that a resolution approving the boundary of the assessment district be adopted; and that a resolution requesting consent from Contra Costa County for CCCSD to conduct proceedings for Via Cerrada CAD No. 2000-6 be adopted. Motion. died for lack of a second. It was moved by member Hockett and seconded by President Lucey, that formation of a CAD consisting of 38 properties on Corwin Drive, La Sonoma, and Los Alamos be authorized; that a resolution of intention to create Corwin Drive/La Sonoma/Los Alamos CAD No. 2000-4 for the purpose of installing sewer improvements be adopted; that a resolution approving the boundary of the assessment district be adopted; and that a resolution requesting consent from Contra Costa County for CCCSD to conduct proceedings for Corwin Drive/La Sonoma/Los Alamos CAD No. 2000-4 be adopted. Motion failed to pass on the following roll call vote: AYES: Members: Hockett, Lucey NOES: Members: Nejedly, Menesini ABSENT: Members: None ABSTAIN: Members: Boneysteele Member Boneysteele stated that he abstained because as he said in previous CAD discussions, he had concerns that the District was starting in a government financing program using funds from state bonds to benefit individuals on a case by case basis. BREAK At 3:48 p.m., President Lucey declared a recess, reconvening at the hour of 4:03 p.m. with all parties present as previously designated. Member Menesini stated that he hopes that it is made clear that the Board did not deny the CADs. The Board indicated, at least his vote indicated, that the Board needed to go back to the drawing board and look again at the CAD criteria. Member Hockett and President Lucey stated that was not their understanding. The CADs were not approved. Member Menesini stated that the discussion before the Board was that the Board would have a study session on the CAD criteria. Member Menesini stated that the District should tell the interested property owners they still have an opportunity to form a CAD. They need to be aware of the fact that the door is still open. Following further discussion, Member Boneysteele requested a motion to reconsider. Mr. Kenton lo Aim, Counsel for thè District, briefly reviewed Robert's Rules of Order relating to reconsideration of a motion. 07 20 00 146 Member Boneysteele stated that under the circumstances, he would move that the motion on formation of the Via Cerrada CAD No. 2000-6, be reconsidered. The motion was seconded by Member Hockett. The motion was approved with President Lucey voting no. It was moved by Member Hockett and seconded by Member Boneysteele, that formation of a CAD consisting of three properties on Via Cerrada .be authorized without establishing precedent for an exception to the "five property minimum" rule; that Resolution No. 2000- 1.1Q, a resolution of intention to create Via Cerrada CAD No. 2000-6 for the purpose of installing sewer improvements, be adopted; that Resolution No. 2000-117, a resolution approving the boundary of the assessment district, be adopted; and that Resolution No. 2000-118, a resolution requesting consent from Contra Costa County for CCCSD to conduct proceedings for Via Cerrada CAD No. 2000-6, be adopted. Motion approved on the following roll call vote: AYES: Members: Hockett, Boneysteele, Menesini NOES: Members: Nejedly, Lucey ABSENT: Members: None It was moved by Member Hockett and seconded by Member Boneysteele, that the motion on formation of the Corwin Drive/La Sonoma/Los Alamos CAD No. 2000-4 be reconsidered. There being no objection, the motion was unanimously approved. It was moved by Member Hockett and seconded by President Lucey, that formation of a CAD consisting of 38 properties on Corwin Drive, La Sonoma, and Los Alamos be authorized; that Resolution No. 2000-119, a resolution of intention to create Corwin Drive/La Sonoma/Los Alamos CAD No. 2000-4 .for the purpose of installing sewer improvements, be adopted; that Resolution No. 2ÒOO-120, a resolution approving the boundary of the assessment district, be adopted; and that Resolution No. 2000-121, a resolution requesting consent from Contra Costa Coùnty for CCCSD to conduct proceedings for Corwin Drive/La Sonoma/Los Alamos CAD No. 2000-4, be adopted. Motion approved on the following roll call vote: AYES: Members: Hockett, Lucey, Boneysteele NOES: Members: Nejedly ABSENT: Members: None ABSTAIN: Members: Menesini Member Nejedly stated that as a point of clarification, the Board established CAD criteria and the criteria has not been changed. Member Nejedly stated that he voted no because one of the original CAD criteria was disregarded. President Lucey stated that was the reason for his no vote on the Via Cerrada proposal as well. The CAD criteria should have been reviewed in study session. Member Hockett stated that the criteria and guidelines were set forth several years ago with the idea that the Board would entertain exceptions on a case by case basis. That is exactly what happened in this instance. . Member Menesini stated that there is no upper size criteria. Member Menesini stated that he abstained because he believes a Board workshop is needed to decide the parameters and one of those is whether a large CAD is acceptable. Mr. Batts stated that the reason that the District received letters from property owners interested in forming a CAD and requesting exception was because the District criteria provides for case by case consideration. 07 20 00 147 In the discussion that followed, Member Nejedly and President Lucey urged staff to hold any further CAD's until after the Board study session. 9. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED JULY 20.2000 Member Boneysteele, member of the Budget and Finance Committee, stated that Member Menesini was unavoidably delayed. Member Boneysteele stated that he reviewed the expenditures and found them to be satisfactory. It was moved by Member Boneysteele and seconded by President Lucey, that the Expenditure List dated July 20, 2000, including Self Insurance Check Nos. 101633- '0'636, Running Expense Check Nos.l26' 7' -'26487, Sewer Construction Check Nos. 22381-22414, Payroll Manual Check Nos. 48685-48697, and Payroll Regular Check Nos. 5' 226-51289, be approved as recommended. There being no objection, the motion was unanimously approved. 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 11. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS It was requested that separate workshop/study sessions be scheduled in the Fall for the Capital Improvement Budget/Plan and Contractual Assessment District (CAD) Program. 12. CLOSED SESSION a. EXISTING LITIGATION The closed session was held to discuss existing litigation pursuant to Government Code Section 54956.9(a). The titles of the litigation to be discussed were: , ) Joanne Lindroth v. Central Contra Costa Sanitary District, et al - Contra Costa County Superior Court Case No. COO-00008 2) Central Contra Costa Sanitary District v. City of San Ramon - Contra Costa County Superior Court Case No. COO-02560 At 4:20 p.m., President Lucey declared the closed session to discuss litigation pursuant to Government Code Section 54956.9(a) as noted above. At 4:42 p.m., President Lucey concluded the closed session and reconvened the meeting into open session. '3. REPORT OF DISCUSSIONS IN CLOSED SESSION No decisions were made or votes taken in closed session which require reporting at this time. 14. ADJOURNMENT There being no further business to come before the Board, President Lucey adjourned the meeting at the hour of 4:42 p.m. President of the Board of irectors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 07 20 00