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HomeMy WebLinkAbout03.b Minutes Approval MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JUNE 17, 2010 The Board of Directors of the Central Contra Costa Sanitary District convened in a regular meeting at their regular place of business, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on Thursday, June 17,2010. President McGill called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Hockett, Lucey, Menesini, Nejedly, McGill ABSENT: Membeffi: None a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance. 2. PUBLIC COMMENTS There were no public comments. 3. CONSENT CALENDAR It was moved by Member Menesini and seconded by Member Nejedly to adopt the Consent Calendar as recommended. Motion passed by unanimous vote of the Board. a. Approve expenditures dated June 17, 2010. Reviewed by Budget and Finance Committee. b. Approve minutes of May 20, 2010 Board meeting. c. Advise the Board of the closeout of the Sewer TV Inspection Program, District Project 5547. d. Advise the Board of the closeout of the South Orinda Sewer Renovations, Phase 4, District Project 5950. e. Advise the Board of the closeout of Lafayette Sewer Renovations, Phase 6, District Project 5958. f. Advise the Board of the closeout of Northern Pumping Stations Upgrades, District Project 5971 . Board Minutes of June 17,2010 g. Advise the Board of the closeout of A-Line Relief Interceptor, Phase 2A, District Project 5980. h. Advise the Board of the closeout of the 2008-09 Development Sewerage Project, District Project 6463. i. Advise the Board of the closeout of Plant Control System Improvements, District Project 7204. j. Advise the Board of the closeout of Treatment Plant Piping Renovations, Phase 4, District Project 7216. k. Advise the Board of the closeout of Aeration Air Renovations, Phase 2, District Project 7274. I. Advise the Board of the closeout of twenty-six Capital Improvement Projects. m. Adopt Resolution 2010-034 accepting a grant of easement from James L. Gray and Harry B. Richardson, III, at 7 Abbott Court in the Moraga Glorietta neighborhood, Orinda, District Project 5950, Parcel 28, and authorize staff to record documents with the Contra Costa County Recorder. n. Adopt Resolution 2010-035 accepting an offer of dedication from Shapell Industries, Inc., in the city of San Ramon shown on the map of subdivision 7981, Job 5138, Parcel 1, and authorize staff to record documents with the Contra Costa County Recorder. o. Adopt Resolution 2010-036 accepting an offer of dedication from Shape II Industries, Inc., in the city of San Ramon shown on the map of subdivision 8686, Job 5718, Parcel 2, and authorize staff to record documents with the Contra Costa County Recorder. p. Adopt Resolution 2010-037 accepting an offer of dedication from Centex Homes for an easement in the city of San Ramon shown on the map of subdivision 8149, Job 5512, Parcel 1, and authorize staff to record documents with the Contra Costa County Recorder. q. Adopt Resolution 2010-038 establishing July 15, 2010 at 2:00 p.m. as the date and time for a public hearing to consider the establishment of a Sunnybrook Road Contractual Assessment District (CAD) No. 2010-1 in Alamo. r. Authorize the General Manager to renew insurance coverage for Fiscal Year 2010-11 for excess liability; pollution (Household Hazardous Waste) liability; employment practices liability; property coverage; and Workers' Compensation coverage. Reviewed by Budget and Finance Committee. 2 Board Minutes of June 17,2010 4. PUBLIC HEARINGS a. CONDUCT PUBLIC HEARINGS ON THE FOllOWING MATTERS. REVIEWED BY BUDGET AND FINANCE COMMITTEE: (1) Public hearing to consider approving and adopting the Fiscal Year 2010-2011 Operations and Maintenance Budget, Debt Service Fund Budget, and the Self- Insurance Fund Budget, and to consider adopting an uncodified ordinance establishing the Fiscal Year 2010-2011 Sewer Service Charge rate increase of up to $16 for a total Sewer Service Charge up to $327 per residential unit. Continued from June 3, 2010 with the public hearing closed. General Manager James Kelly stated that the public hearing to approve and adopt the Operations and Maintenance, Self Insurance, and Debt Service Budgets; and to set the Sewer Service Charge for 2010-11 was opened and closed at the June 3,2010 meeting. Action on the item, as well as the public hearing to collect the Sewer Service Charge on the tax rolls, were continued. Mr. Kelly stated that no increase in the sewer service charge this year will result in higher increases in the future. He presented the January 2009 scenario rate comparison and explained the need for a rate increase. He stated that he expects the District to be $1.7 million under budget for FY 2009-10. He stated that he recommends a $10-$12 increase rather than the previously-recommended $16 increase. Member Lucey questioned why the amount of the recommended increase has changed from the $16 recommended two weeks previously. Mr. Kelly responded that increased savings over what was anticipated result in the need for a smaller increase. Controller Debbie Ratcliff stated that the sewer service charge has been discussed with the Board at the November 2009 Capital Improvement Budget Planning Workshop, the Board Financial Workshop in January 2010, Capital Budget Review in February 2010, the Capital Improvement Program Board Workshop in April 2010 and in May 2010. She described the operating and maintenance budget, debt service fund, and self insurance fund. Leo Goch stated that he is opposed to the $16 sewer service charge increase. He appeared to mistakenly believe that the $16 increase was a per-month increase, rather than per year. It was moved by Member Nejedly and seconded by Member Hockett to approve and adopt the Fiscal Year 2010-2011 Operations and Maintenance Budget, Debt Service Fund Budget, and Self Insurance Fund Budget. Motion passed by unanimous vote of the Board. 3 Board Minutes of June 17,2010 With regard to the sewer service charge increase, President McGill stated that he does not support an increase at this time. It was moved by Member Hockett and seconded by Member Nejedly to increase the sewer service charge by $12 per year. Member Nejedly noted that no increase this year will result in higher increases in the future. Member Lucey stated that he does not want to make assumptions about the amount of future increases in the sewer service charge. Motion failed by the following vote of the Board: AYES: Members: Hockett, Nejedly NOES: Members: Lucey, Menesini, McGill ABSTAIN: Members: None The Sewer Service Charge remains at $311 per year. (2) Public hearing to consider adopting a resolution placing current Sewer Service Charges on the Contra Costa County tax roll for collection. Continued from June 3, 2010. General Manager James Kelly stated that this was continued from June 3, 2010. President McGill opened and closed the public hearing without comments. It was moved by Member Menesini and seconded by Member Lucey to adopt Resolution 2010-039 authorizing collection of the Fiscal Year 2010-2011 Sewer Service Charges on the County tax roll. Motion passed by unanimous vote of the Board. (3) Public hearing to consider adopting a resolution directing that delinquent charges be collected on the Contra Costa County tax roll. Continued from June 3, 2010. General Manager James Kelly stated that this is a public hearing to receive comments on placing delinquent charges for two properties on the 2010-11 Contra Costa County property tax roll. Both of these delinquent charges result from unpaid sewer connection fees. This hearing was continued from the June 3, 2010 meeting at the request of one of the property owners. Principal Engineer Jarred Miyamoto-Mills stated there are delinquencies on two properties: 1615 Lawrence Road, Danville, which is owned by Mr. and Mrs. DeHerrera, in the amount of $14,205.82; and 2394 Saddleback Drive, Danville, owned by Mr. and Mrs. Gallegos, in the amount of $6,469. Staff has not received a response from the Gallegos's regarding their delinquency. 4 Board Minutes of June 17, 2010 He went over the history of the Lawrence Road property, which began in 2003 with the application for a lateral extension and connection of a new single family residence. In 2006 the final inspection of the new dwelling was conducted and the dwelling was occupied, but the District had not received fees or conducted an inspection of the sewer lateral. In 2009, after discovery, the District sent a letter to the owner requesting payment of the connection fees. In March 2010, the owner requested a payment plan of $500 per month to repay the delinquent charges. In accordance with the District Code, staff denied the request. The owner is now before the Board making the same request. The public hearing was opened. Mr. DeHerrera addressed the Board in support of his request. He stated that he is suffering financial hardship and needs time to repay the delinquent fees. He would prefer not to have a tax lien on his property. The public hearing was closed. Member Nejedly suggested that, as long as the District would not be setting a precedent, a payment plan could be worked out for Mr. DeHerrera. Member Lucey suggested that, even though it will be paid over a certain period of time, the fees should be placed on the tax roll for collection. District Counsel Kent Aim stated that this could be done through an agreement with the DeHerreras. The amount could be placed on the tax roll for collection over 1-2 years. Member Nejedly stated that interest should be added to cover administrative costs. Member Lucey pointed out that there must be a clause stating that if the owner defaults on the payment the outstanding amount will be collected on the tax roll without further hearings. It was moved by Member Nejedly and seconded by Member Lucey to continue the public hearing to July 1 , 2010 regarding collection of delinquent charges on Mr. DeHerrera's property at 1615 Lawrence Road, Danville and directed staff to work with legal counsel to develop an agreement to place Mr. DeHerrera's delinquent charges on the tax roll for collection over a 2-year period, and to determine appropriate interest charges. The proposed agreement and resolution will be brought back to the Board for consideration on July 1, 2010. Motion passed by unanimous vote of the Board. 5 Board Minutes of June 17, 2010 It was moved by Member Lucey and seconded by Member Nejedly to adopt Resolution 2010-040 directing that delinquent charges only for the Gallegos property at 2394 Saddleback Drive be collected on the Contra Costa County tax roll. Motion passed by unanimous vote of the Board. Member Menesini suggested that it would be helpful to review what policies are in place regarding delinquent fees. He asked staff to come back with a presentation on the current policy regarding collection of delinquent fees and how that policy may be modified to provide flexibility to staff to facilitate the collection of such delinquencies. 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 6. BIDS AND AWARDS a. SUBJECT TO THE RECEIPT OF A PERMIT FROM THE U.S. ARMY CORPS OF ENGINEERS BY 5:00 P.M.. JUNE 30.2010. AUTHORIZE THE GENERAL MANAGER TO AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $1.856.203 TO SITEWORKS CONSTRUCTION. INC.. THE LOWEST RESPONSIVE BIDDER FOR THE WET WEATHER BYPASS IMPROVEMENTS. DISTRICT PROJECT 7241: FIND THAT THE PROJECT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA); AUTHORIZE THE GENERAL MANAGER TO EXECUTE THE CONTRACT DOCUMENTS SUBJECT TO SUBMITTAL REQUIREMENTS: AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AMENDMENT TO A PROFESSIONAL ENGINEERING SERVICES AGREEMENT FOR CONSTRUCTION SUPPORT SERVICES WITH PSOMAS NOT TO EXCEED $30.000 BRINGING THE TOTAL TO $175.000 General Manager James Kelly stated that this is an important project. Good bids were received. Staff is awaiting a permit from the U.S. Army Corps of Engineers in order to proceed. He stated that he spoke with Mr. Randy Olsen, Chief of Operations and Readiness, who said that staff should get approval by July 1, 2010. Staff is requesting further flexibility in awarding the project, as approval looks very likely. He requested authorization to award the bid by July 8, 2010. Senior Engineer Ba Than explained the need for the project and stated that fourteen bids were received. He stated that the Contra Costa Flood Control and Water Conservation District encroachment permit is not valid until approval is obtained from the Sacramento District of the U.S. Army Corps of Engineers. That should be received by July 8,2010, at which time the project can be awarded. If an approval letter is not received by July 8, 2010, all bids should be rejected. 6 Board Minutes of June 17, 2010 Mr. Kelly stated that he plans to send a letter to the low bidder stating the District's intent to award the contract so they can begin to prepare submittals. If the Corps approval is not received and the contract not awarded, the District would be obligated to pay the low bidder up to $5,000 for expenses incurred. District Counsel Kent Aim noted that the District has 50 days to award the contract or reject the bids. The 50 days are up on July 8, 2010. It was moved by Member Nejedly and seconded by Member Menesini to, subject to the receipt of a permit from the U.S. Army Corps of Engineers by 5:00 p.m., July 8,2010, find that the project has complied with CEQA; award a construction contract to Siteworks Construction, Inc.; authorize the General Manager to reject all bids if appropriate permit is not received; authorize the General Manager to execute the contract documents subject to submittal requirements; and authorize the General Manager to execute an amendment to a professional services agreement with Psomas subject to receipt of permit. Motion passed by unanimous vote of the Board. 7. REPORTS a. GENERAL MANAGER 1) General Manager James Kelly announced that, at the May 20, 2010 Board meeting, staff advised the Board of a sewer blockage at the Eleve Restaurant located at 1677 North Main Street, Walnut Creek, CA 94596. The restaurant's claim for loss of business was $21,063. The cost of the temporary fix and new connection was $34,187, for a total cost of $55,250. The check has been submitted to the restaurant owner and the District has received a release from future damages. 2) General Manager James Kelly announced that the following employees have recently been promoted: Michelle Edwards, Plant Operator II; Nick Hansen, Plant Operator II; Chris Hesse, Plant Operator I; Michael Allen, Plant Operator II; and Anthony Fernandez, Plant Operator II. 3) General Manager James Kelly announced that Shift Supervisor Jose Lopez is retiring July 19, after 30 years of service. Assistant to the Secretary of the District Julie Lopez is retiring on July 16, after 34 years of service (full, temp, and part-time). Plant Operations Superintendent Ted Smith is retiring on July 8, after forty years of service. This equals 104 years of knowledge, experience, and dedication. They have served the Board and ratepayers with distinction and honor. 4) General Manager James Kelly announced that the Environmental Protection Agency (EPA) will conduct three listening sessions across the nation to gather input on issues, concerns, and possible approaches to its proposed new rule-making effort dealing with sanitary sewer overflows. 7 Board Minutes of June 17,2010 Two issues that the EPA will be addressing are a proposal to modify the National Pollutant Discharge Elimination System (NPDES) permit process with regard to municipal sewer overflows and resolution of the draft Peak Flows Policy that was published in 2005. Associate Engineer Gail Chesler will be traveling to the West Coast Session on June 24, 2010, hosted in Seattle, Washington, to listen to the presentations by EPA and others, and present the District's viewpoint. The travel cost for roundtrip airfare, returning on the same day, is included in the Environmental Services budget. 5) General Manager James Kelly announced that the Regional Water Quality Control Board recently completed audits of the storm water management programs in the Town of Danville and the City of Martinez. The Commercial/Industrial storm water inspection and enforcement programs of Danville and Martinez were included in these audits. The District's Source Control Section supports both Danville and Martinez with their implementation of this program under the Clean Water Program Service agreement. The audit reports with presentation of the findings are expected to be produced over the next few months. The reports will be sent to the cities being audited and staff expects to receive a copy of the report at that time. Staff will prepare a report to the Board when it is received. 6) General Manager James Kelly announced that the safety picnic will be held on Wednesday, June 23,2010 from 11: 45 a.m. to 1 :15 p.m. on the lawn next to the Household Hazardous Waste Building. 7) General Manager James Kelly announced that the District will host a public workshop on Thursday, June 24,2010, from 7 p.m. to 8 p.m. at the Diablo Country Club in Diablo. This is the first phase of sewer renovations in Diablo. Approximately 6,600 linear feet of 6, 8, & 10 inch sewer line will be replaced using open-cut, pipe-bursting, guided bore, CIPP, and horizontal directional drilling techniques. Additionally, over 4,000 linear feet of sewer line located in front yards will be abandoned, and laterals will be extended to a larger main located in the street. The project is scheduled to be awarded in August, and to begin construction in September. 8) General Manager James Kelly announced that Senior Engineer Randy Schmidt will be providing testimony at the Environmental Protection Agency's (EPA) public hearing regarding pending Multiple Hearth Furnace Regulations in Los Angeles, California, on Tuesday, June 22, 2010. These pending regulations could require major modifications to the District's Multiple Hearth Furnaces. 8 Board Minutes of June 17, 2010 9) General Manager James Kelly announced that, at approximately 10:30 a.m. on Wednesday, June 16,2010, a CSO rodder truck was struck by an oncoming vehicle approaching from the wrong lane on Glorietta Boulevard. The other driver realized her error, braked, and swerved to avoid hitting the truck but was unsuccessful, resulting in some damage to the rodder truck and significant damage to the other vehicle, a Hyundai Elantra. Neither CSO employee has yet sought medical treatment. The driver of the Hyundai was taken away from the scene in an ambulance but witnesses report that she was conscious at the time. Since a police report will not be available for several days, staff contacted the Orinda Police Department to find out whether or not the other driver received a citation. Staff will call back on Saturday when the responding officer returns for his next shift. Staff will continue to collect and monitor information as it becomes available. b. COUNSEL FOR THE DISTRICT District Counsel Kent Aim announced that there was no need to discuss the Parkinen case in closed session at the end of the meeting. c. SECRETARY OF THE DISTRICT The Secretary of the District announced the upcoming Human Resources Committee meeting. d. BOARD MEMBERS 1) Board Member reports on future meetings or conferences for which they will receive the stipend for which the District will pay their expenses; recent meetings for which they received the stipend; and meetings or conferences for which the District paid their expenses. Member Lucev Members Lucey and Nejedly reported on the June 10, 2010 Real Estate Committee meeting and summarized the Action Summary. The Board accepted the report without comments. Member Menesini Members Menesini and Lucey reported on the June 8, 2010 Household Hazardous Waste Committee meeting and summarized the Action Summary. The Board accepted the report without comments. 9 Board Minutes of June 17, 2010 Member Neiedlv Members Nejedly and Hockett reported on the June 14,2010 Budget and Finance Committee meeting and summarized the Action Summary. The Board accepted the report without comments. President McGill President McGill reported on his attendance at the June 3, 2010 Contra Costa County Mayors Conference meeting. President McGill provided a written report on his attendance at other events. 3) Announcements President McGill provided a written report covering Announcements and upcoming meetings. 8. ADMINISTRATIVE a. ADOPT A RESOLUTION CALLING FOR A NOVEMBER 2,2010 ELECTION. REQUESTING CONSOLIDATION OF THE ELECTION OF DISTRICT BOARD MEMBERS WITH THE STATEWIDE GENERAL ELECTION. AND SETTING FORTH DISTRICT REGULATIONS FOR CANDIDATE STATEMENTS. This matter was reviewed by the Budget and Finance Committee, which recommended adoption of the resolution and retaining the prior requirements for the publication of candidate statements. It was moved by Member Nejedly and seconded by Member Hockett to adopt Resolution 2010-041 calling for the November 2, 2010 election, requesting consolidation of the election, and confirming requirements for candidate statements remain as in prior years; and to direct the Secretary of the District to file the resolution with the County Elections Department and County Board of Supervisors. Motion passed by the following vote of the Board: AYES: Members: Hockett, Menesini, Nejedly, McGill NOES: Members: None ABSTAIN: Members: Lucey 9. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 10 Board Minutes of June 17,2010 10. SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Menesini requested that staff come back with a presentation on the current policy regarding collection of delinquent fees and how that policy may be modified to provide flexibility to staff to facilitate the collection of such delinquencies. 11. CLOSED SESSION The Board recessed at 3:12 p.m. to reconvene in the Caucus Room in closed session regarding: a. Conference with Legal Counsel - existing litigation pursuant to Government Code Section 54956.9(a): Matthew Parkinen v. Central Contra Costa Sanitary District, Contra Costa County Superior Court Case No. C09-01511. b. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8: Property: 5501 Imhoff Drive, Martinez, CA Agency Negotiators: District Counsel Kent Aim; Director of Administration Randy Musgraves Negotiating Parties: Tom Palmer, Esq.; Doug Foskett, Chris Gray, Charles McDowell, County Quarry Under Negotiation: Price and Terms c. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8: Property: 1251 Springbrook Road, Walnut Creek, CA Agency Negotiators: Director of Administration Randy Musgraves; CCCSD Property Manager David Deutscher Negotiating Parties: Springbrook Lofts, LLC Under Negotiation: Price and Terms The Board recessed at 3:34 p.m. to reconvene in the Board Room in open session. 12. REPORT OUT OF CLOSED SESSION District Counsel Kent Aim stated that the Board provided direction to negotiators on Items 11.b. and 11.c. Closed session on Item 11.a. was not held. 11 Board Minutes of June 17, 2010 13. ADJOURNMENT There being no further business to come before the Board, President McGill adjourned the meeting at 3:37 p.m. Michael R. McGill President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California 12