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HomeMy WebLinkAbout04.c Minutes approvalMINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JULY 1, 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, July 1, 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: Members: None a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance. b. INTRODUCTIONS Board Members welcomed newly-hired Plant Operator I, Robert Kin. 2. PUBLIC COMMENTS Local One President David Rolley objected to a comment made by Member Lucey regarding employees at a recent Human Resources Committee meeting. Hope Bohonec, In Defense of Animals, addressed the Board regarding a recent article by Gary Bogue in the Contra Costa Times regarding the intention of the District to reduce its ground squirrel population by using poisoned bait. She asked the Board to consider more humane methods of reducing the squirrel population, and stated that use of poison also kills creatures that prey on the squirrels. She offered her organization's assistance. The Board asked the General Manager to work with Ms. Bohonec. 3. CONSENT CALENDAR It was moved by Member Menesini and seconded by Member Hockett to adopt the Consent Calendar as recommended. Motion passed by unanimous vote of the Board. a. Approve expenditures dated July 1, 2010. Reviewed by Budget and Finance Committee. b. Receive May 2010 Financial Statements. Reviewed by Budget and Finance Committee. Board Minutes of July 1, 2010 c. Approve minutes of June 3, 2010 Board meeting. d. Adopt Resolution 2010-042 accepting an offer of dedication from The Hamlin Properties for an easement in the city of Lafayette, shown on the map of Minor Subdivision MS 504-96, Job 5325, Parcel 2, and authorize staff to record documents with the Contra Costa County Recorder. e. Adopt Resolution 2010-043 accepting an offer of dedication from Shapell Industries, Inc. for an easement in the city of San Ramon, shown on the map of Subdivision 8254, Jobs 5337 and 5373, Parcel 1, and authorize staff to record documents with the Contra Costa County Recorder. f. Adopt Resolution 2010-044 accepting an offer of dedication from Windemere BLC Land Company, LLC for an easement in the city of San Ramon, shown on the map of Subdivision 8509, Job 5744, Parcel 2, and authorize staff to record documents with the Contra Costa County Recorder. g. Adopt Resolution 2010-045 accepting an offer of dedication from James Russell Grinstead for an easement in the city of Walnut Creek, shown on the map of Minor Subdivision MS 808-05, Job 5895, Parcel 3, and authorize staff to record documents with the Contra Costa County Recorder. h. Set August 5, 2010 at 2:00 p.m. as the date and time for a public hearing to consider a proposed ordinance amending the District Code Section 9.08.010, adopting the Central Contra Costa Sanitary District Standard Specifications for Design and Construction, 2010 Edition. Authorize medical leave of absence without pay for Senior Plant Operator Gordon Trapp through September 30, 2010. Deny request for extended medical leave of absence without pay for Erika Liskamm, Engineering Assistant II. Denial recommended by Human Resources Committee. 4. PUBLIC HEARINGS a. PUBLIC HEARING TO CONSIDER APPROVAL OF AN AGREEMENT WITH RICK AND CARINA DEHERRERA TO COLLECT INSTALLMENT PAYMENTS OF DELINQUENT CONNECTION FEES AND OTHER CHARGES FOR THE PROPERTY AT 1615 LAWRENCE ROAD, DANVILLE (APN 206-170-009),. OVER TWO YEARS BY PLACEMENT ON THE 2010-11 AND 2011-12 CONTRA COSTA COUNTY TAX ROLL. AND ADOPTION OF A RESOLUTION AUTHORIZING COLLECTION OF THE FEES ON THE CONTRA COSTA COUNTY TAX ROLL Continued from June 17, 2010. 2 Board Minutes of July 1, 2010 General Manager James Kelly stated that staff recommends that the Board continue the public hearing to consider the means of collection of delinquent charges for the DeHerrera property at 1615 Lawrence Road, Danville to the August 5th meeting to allow additional time to conclude discussions with the DeHerreras and their counsel regarding placement of the unpaid charges on the tax roll over two years. It was moved by Member Hockett and seconded by Member Nejedly to continue the public hearing to August 5, 2010 at 2:00 p.m. in the Board Room. Motion passed by unanimous vote of the Board. b. PUBLIC HEARING TO CONSIDER ADOPTING AN UNCODIFIED ORDINANCE AMENDING THE SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT- RELATED RATES AND CHARGES. ESTABLISHED BY ORDINANCE 259, TO INCLUDE FEES FOR PARTICIPATION IN THE CONNECTION FEE DEFERRAL PILOT PROGRAM IN ACCORDANCE WITH DISTRICT CODE CHAPTER 6.30 General Manager James Kelly stated that, at the June 3rd meeting, the Board extended the Connection Fee Deferral Program to June 30, 2011 and set a public hearing for today's agenda to consider an ordinance to establish participation. fees for the program. Principal Engineer Jarred Miyamoto-Mills presented a report outlining staff's recommendation for these fees. He described the breakdown of the $450 Agreement Processing Fee and the $110 Parcel Fee. The public hearing was opened and closed without comments. It was moved by Member Menesini and seconded by Member Nejedly to adopt Uncodified Ordinance 260 amending the Schedule of Environmental and Development- Related Rates and Charges established by Ordinance 259, to include fees for participation in the Connection Fee Deferral Pilot Program in accordance with District Code Chapter 6.30. Motion passed by unanimous vote of the Board. 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 6. REPORTS a. GENERAL MANAGER 1) Review and provide direction for Board response to the 2010 Contra Costa County Grand Jury Report General Manager James Kelly stated that the Grand Jury has requested responses from the District regarding their findings and recommendations 3 Board Minutes of July 1, 2010 relating to retirement spiking. Specifically, they have requested a response from the Board President, Michael McGill. The Human Resources Committee reviewed staff's proposed draft response and added information to the Grand Jury's Recommendation number 2, highlighted in red. Staff is seeking the Board's input regarding the responses and information provided to the Grand Jury. In addition, a listing of the District's pay codes that was directed to District staff from the Contra Costa County Employees' Association (CCCERA) is also attached to the draft response. This is done to report to the Grand Jury that an extensive review was performed by CCCERA staff as part of the implementation of the Ventura settlement. The Grand Jury directed the Board to review the pay codes. They either need to be reviewed by the Board on July 15th to be reported as done in the District's response, or they need to be reviewed by September. Staff recommends the Board review the list of the District's pay codes on July 15th prior to submitting this response to the Grand Jury. The Board accepted the proposed response as submitted, except for the response to Recommendation number 3. They directed staff to come back to the Board on July 15 to review the pay codes to complete the response to the Grand Jury, which will be sent after the July 15 Board meeting to meet the July 17 deadline. 2) General Manager James Kelly announced that the Purchasing and Materials Services Division has requested and will receive sealed proposals on June 24, 2010 for professional landscape maintenance services. Proposals will be reviewed and scored based on professional qualifications, experience, cost and ability to meet the District's standards and requirements. More information will be presented when a selection is made. 3) General Manager James Kelly announced that the Purchasing and Materials Services Division has requested quotations for asphalt paving, patching and repairs as needed. Award will be made to the lowest responsive and responsible contractor who meets the requirements and criteria set forth in the Request for Quotations. More information will be presented when a selection is made. 4) General Manager James Kelly announced that the Purchasing and Materials Services. Division will be requesting quotations for the rental, laundering and delivery of uniforms, linens and mats for the District. Award will be made to the lowest responsive and responsible vendor who meets the requirements and criteria set forth in the Request for Quotations. More information will be presented when a selection is made. 4 Board Minutes of July 1, 2010 5) General Manager James Kelly announced that Assistant Engineer Melody LaBella will be attending the Product Stewardship Institute's Annual Forum in Boston, Massachusetts on July 21 and 22, 2010. Ms. LaBella will be attending this Forum to participate in the national dialogue on product stewardship efforts for products like batteries, fluorescent lamps, paint and pharmaceuticals and to share in lessons learned on how the disposal costs for these products can successfully be shifted away from local governments and to the product chain. The majority of Ms. LaBella's trip expenses will be covered by the Bay Area Clean Water Agencies (BACWA), as she has been recommended to represent BACWA (in addition to CCCSD) at this Forum. A small portion of Ms. LaBella's trip expenses will be covered under the Environmental Services Division Technical Training and Conferences Operations and Maintenance Budget. 6) General Manager James Kelly announced that the Martinez Sewer Renovations, Phase 3, District Project 5952 is part of the ongoing Collection System Renovation Program. The Phase 3 project will install approximately 5,300 feet of six and eight-inch sewer pipe within public right-of-way and .newly obtained easements by using horizontal directional drilling, pipeburst and open cut methods. Included in this work is installation of a new easement line off Green Street. In addition, staff will enter into a Joint Powers Agreement with the City of Martinez to install a twelve-inch storm drain and complete street pavement overlay. The value of the City's work is less than $50,000 and is within staff authority. This project will be advertised on July 2 and 7, 2010. Bids will be opened on July 20, 2010. The construction cost is currently estimated at $1,100,000. More information will be presented when the Board is asked to approve the construction contract on August 5, 2010. 7) General Manager James Kelly announced that the Diablo Sewer Renovations, Phase 1, District Project 5953 is part of the ongoing Collection System Renovation Program. Multiple phases of sewer renovations are planned for Diablo. The project will replace approximately 5,900 linear feet of six-, eight- and ten-inch sewer lines and abandon approximately 4,400 linear feet of six- and eight-inch sewer lines and reroute laterals within public right-of-way and easements in Diablo and Danville. Open-cut, pipeburst, cured-in-place pipe and horizontal drilling methods will be used. This project will be advertised on July 2 and 8, 2010. Bids will be opened on July 20, 2010. The construction cost is currently estimated at $1,500,000. More information will be presented when the Board is asked to approve the construction contract on August 5, 2010. 5 Board Minutes of July 1, 2010 8) General Manager James Kelly announced that at the June 17th Board meeting, staff asked the Board to authorize the award of a construction contract in the amount of $1,856,203 for the construction of the Wet Weather Bypass Improvement Project, District Project 7241, to Siteworks Construction, Inc., the lowest responsive bidder, subject to receipt of the acceptable and appropriate permit from the Sacramento District of the U.S. Army Corps of Engineers, by 5:00 p.m. on July 8, 2010. On June 22, the District received a copy of a letter from the U.S. Army Corps of Engineers to the Contra Costa County Flood Control District stating their approval of the Wet Weather Bypass Improvements Project. The terms and conditions stated in the letter from the Army Corps are acceptable. The formal permit will be issued shortly by the Contra Costa County Flood Control District. Staff has begun preparation of the contract documents with Siteworks Construction, Inc. 9) General Manager James Kelly announced that staff entered into a professional services contract in the amount of $3,000 with retired District Pollution Prevention Program Administrator Bart Brandenburg in June 2010. Bart Brandenburg retired from the District in March 2001. While at the District, Bart was instrumental in developing the Integrated Pest Management Program. Since his retirement, Bart has formed his own business consulting on pollution prevention matters. Due to his specialized expertise in integrated pest management and his familiarity with the District's operation, staff wishes to utilize Bart to assist the Green Team in drafting an Integrated Pest Management (IPM) Policy for the District. The intent of this policy will be to reduce the use of pesticides and herbicides within the District's operations. Staff plans to bring the draft IPM Policy to the Board for approval in September 2010. 10) General Manager James Kelly announced that at the December 17, 2009 Board meeting, the. Board awarded anon-destructive potholing contract to Cleary Brothers Landscaping. Staff was asked to provide an update on Cleary Brothers performance in July 2010. Cleary Brothers has performed well on the Diablo Renovations, Phase 1 project and the Martinez Renovations, Phase 3 project. Their production rate is about average, while their hourly cost is lower than previous potholing contracts'. They do a very good job with onsite cleanliness and traffic control, and the Engineering Department is pleased with their work. Additional information is provided in a memorandum included in the Board package. 11) General Manager James Kelly announced that, pursuant to a recent public hearing process, the Town of Moraga will levy increased assessments for Moraga Street Lighting Assessment District No. 1979-1. Each property in 6 Board Minutes of July 1, 2010 Moraga is assessed for the operation and maintenance of street lighting. The property upon which the Moraga Pumping Station is located was formerly exempt but is now subject to this assessment. The assessment will be $29 per year. 12) General Manager James Kelly announced that the District will be bringing in an organization to wash the District's vehicles that are parked in the main lot on the plant. This is scheduled to begin on July 8th. The organization is Contra Costa ARC -Commercial Support Services (CSS). The vehicles will be washed onsite in the plant parking lot on Tuesdays and Thursdays. CSS provides vehicle washing services for other public agencies as well, such as Contra Costa County, CHP and the City of Antioch. Contra-Costa ARC is a nonprofit, community-based membership organization which exists to enhance and enrich the lives of children and adults with developmental disabilities. They provide direct services and advocacy to assist those they serve in achieving their highest level of personal independence and self-sufficiency. Contra Costa ARC is known for providing high quality, cost-effective services, and they are a respected leader in the field. They serve over 1,000 children and adults in Contra Costa County every day, they are the largest employer of people with developmental disabilities in the County, and they are one of the largest providers of services to people with developmental disabilities in California. 13) General .Manager James Kelly announced that portable standby engine- . generators are a critical component of the Standby Power Facility Improvement Project. Replacement of the existing standby engines cannot occur until staff has verified the portables are a reliable back-up power system which can be available while the existing standby engine- generators are removed and replaced with the new engine-generators. On Saturday May 19, 2010, while testing the portable standby engine- generators on full plant load, faulty relay wiring caused the entire plant to lose power. Since the cogeneration unit was off-line to enable the test by not requiring complex paralleling control logic, staff restored power via Pacific Gas and Electric (PG&E). Additional operations staff was on hand in case of potential problems; therefore, the plant was without power for only approximately three minutes, and major processes were back on-line within one hour. No violations of our Title V or National Pollutant Discharge Elimination System (NPDES) permits occurred. After correcting the relay issue, staff successfully retested the portables on Wednesday, June 23 and can now proceed to replace the existing standby engine-generators with the new units. 7 Board Minutes of July 1, 2010 14) General Manager James Kelly stated that the District hosted a public workshop on Thursday, June 24 from 7:00 to 8:00 pm. at the Diablo Country Club regarding the Diablo Sewer Renovations, Phase 1. There were approximately fifteen attendees, and the topics discussed were expected construction impacts, paving and property restoration and lateral reconnection. 15) General Manager James Kelly announced that two environmental documents related to District annexations will be released this month for public comment. The Draft Environmental Impact Report (EIR) for annexation of nine properties in the Alhambra Valley that are outside the Urban Limit Line will be released by July 12. A draft negative declaration for the proposed annexation of properties in the EI Toyonal area of Orinda (District Annexation No. 175) will be released in late July for public comment. Both documents could potentially generate significant comments by the public and/or public agencies. Public hearings for both documents before the Board are tentatively scheduled for September 16, 2010. 16) General Manager James Kelly announced that an item in Contra Costa Times' Gary Bogue's "Pet and Animal" column in today's edition (July 1, 2010) noted that the District will begin a feeding program to reduce the number of ground squirrels on treatment plant property. The article did not mention that the District has been mandated by the Department of Water Resources/Dam Safety Division to reduce the existing squirrel population near the clearwell which stores the District's recycled water. The burrowing squirrels have damaged clearwell walls, and further damage could result in loss of recycled water and, ultimately, failure of the clearwell. District staff is researching options for a feeding program. If those options cannot reduce the squirrel population enough to protect the District's recycled water system, the District may need to resort to a feeding program for the needed results. Member Nejedly commented that it was disappointing that staff took their concern directly to the press rather than discussing it with District management or the Board first to see if the matter could be resolved. b. COUNSEL FOR THE DISTRICT No reports. 8 Board Minutes of July 1, 2010 c. SECRETARY OF THE DISTRICT No reports. 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 Member Lucey and President McGill (Alternate) reported on the June 22, 2010 Human Resources Committee meeting and summarized the Action Summary. The Board accepted the report without comments. Member Neiedly Members Nejedly and Hockett reported on the June 28, 2010 Budget and Finance Committee meeting and summarized the Action Summary. The Board accepted the report without comments. 2) Announcements President McGill provided a written report covering Announcements and upcoming meetings. Member Lucey announced that he will not be running for re-election in the upcoming Board election. 7. ENGINEERING a. ADOPT A RESOLUTION ACCEPTING AN AMENDMENT TO A GRANT OF EASEMENT FROM CONTRA COSTA COUNTY REDEVELOPMENT AGENCY. OWNER OF PARCELS OF LAND LOCATED IN THE CITY OF PLEASANT HILL WITHIN THE IRON HORSE CORRIDOR (DISTRICT PROJECT 1541, PARCELS 9A, 11 THROUGH 14) AND AUTHORIZE STAFF TO RECORD DOCUMENTS WITH THE CONTRA COSTA COUNTY RECORDER General Manager James Kelly stated that in 1985, when Southern Pacific Railroad ceased operations and wanted to sell their surplus right-of-way, the District partnered with the County by purchasing sewer easements. This funding significantly helped facilitate Contra Costa County's acquisition of the land, now known as the Iron Horse Corridor (IHC). 9 Board Minutes of July 1, 2010 The accelerated purchase schedule prevented staff from identifying the exact locations of existing and future sewers. The original easements allow for future adjustments of the sewer locations once the design and survey work has been completed. Staff is recommending that the Board accept the easement amendments for the parcels around the new pedestrian bridge over Treat Boulevard in Walnut Creek, which is currently under construction. As subsequent IHC easement amendment documents are prepared, staff will continue to bring these documents to the Board for acceptance. Associate Engineer Stephanie Gronlund presented information regarding the easements, stating that the County purchased 26 miles of Southern Pacific right-of-way in 1985. The District purchased 19 miles of easements from the County and the County Redevelopment Agency for existing and future sewers in the Iron Horse Corridor. Ms. Gronlund recommended that the Board adopt the resolution accepting the easement amendments. It was moved by Member Hockett and seconded by Member Menesini to adopt Resolution 2010-046 accepting the amendment to the grant of easement. Motion passed by unanimous vote of the Board. 8. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 9. SUGGESTIONS FOR FUTURE AGENDA ITEMS None. 10. CLOSED SESSION The Board recessed at 2:37 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. The Board recessed at 3:13 p.m. to reconvene in the Board Room in open session. 11. REPORT OUT OF CLOSED SESSION No reports. 12. ADJOURNMENT There being no further business to come before the Board, President McGill adjourned the meeting at 3:16 p.m. 10 MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JULY 15, 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, July 15, 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: Members: Nejedly a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance. b. INTRODUCTIONS Board Members welcomed newly-hired Construction Inspector, Scott Kahlor, and newly- hired Plant Operator II, Jonathan Searcy. 2. PUBLIC COMMENTS There were no public comments. 3. CONSENT CALENDAR It was moved by Member Hockett and seconded by Member Menesini to adopt the Consent Calendar as recommended. Motion passed by the following vote of the Board: AYES: Members: Hockett, Lucey, Menesini, McGill NOES: Members: None ABSENT: Members: Nejedly a. Approve expenditures dated July 15, 2010. Reviewed by Budget and Finance Committee. b. Approve minutes of June 17, 2010 Board meeting. c. Adopt Resolution 2010-047 accepting an offer of dedication from Alhambra Venture, LLC for an easement in the city of Martinez, shown on the map of Board Minutes of July 15, 2010 Subdivision 8330, Job 5520, Parcel 3, and authorize staff to record documents with the Contra Costa County Recorder. d. Adopt Resolution 2010-048 accepting an offer of dedication from Shapell Industries, Inc. for an easement in the unincorporated area of Danville, shown on the map of Subdivision 8002, Job 5456, Parcel 1, and authorize staff to record documents with the Contra Costa County Recorder. e. Confirm publication of a summary of uncodified District Ordinance No. 258 adopting a schedule of capacity fees, rates and charges in accordance with District Code Chapter 6.12. Confirm publication of a summary of uncodified District Ordinance No. 259 adopting a schedule of environmental and development-related rates and charges in accordance with District Code Chapter 6.30. 4. PUBLIC HEARINGS a. PUBLIC HEARING TO CONSIDER APPROVAL OF THE SUNNYBROOK ROAD CONTRACTUAL ASSESSMENT DISTRICT (CAD) NO. 2010-1, DISTRICT PROJECT 6476, IN ALAMO: FIND THE PROJECT EXEMPT FROM CEQA: ADOPT A RESOLUTION OVERRULING PROTESTS; ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION. ARTICLE XIIID~ SECTION 4; ADOPT A RESOLUTION APPROVING THE ENGINEER'S REPORT ASSESSMENT AND ORDERING IMPROVEMENTS• AUTHORIZE A $158,900 ALLOCATION FROM THE COLLECTION SYSTEM PROGRAM CONTINGENCY; AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH THE SUNNYBROOK ROAD PARCEL OWNERS General Manager James Kelly stated that this matter was reviewed and recommended for approval by the Budget and Finance Committee. He stated that a group of property owners on Sunnybrook Road in Alamo have requested that the District form a contractual assessment district (CAD) to finance extension of a sewer main for their neighborhood so they can connect to the District public sewer system. Formation of the Sunnybrook Road CAD No. 2010-1 was initiated by the Board in May 2010. To continue this process, the Board needs to conduct a public hearing, adopt resolutions, authorize allocation of funds, and authorize execution of agreement with parcel owners. Provisional Senior Engineer Sasha Mestetsky stated that the Board initiated the CAD program on May 6, and this is the second step in the process. The Sunnybrook Road main sewer extension is located in Alamo. The Engineer's Report determined that it meets the CAD criteria and would benefit 16 properties. It consists of 610 feet of 8-inch sewer. The main sewer construction estimate is between $130,000 and $160,000, with the cost per property ranging between $8,000 and $10,000. If all sixteen properties participate, the cost per property will be $8,000-$10,000, or an annual payment of $1,100 to $1,300. He noted that the District received nine votes in support of the CAD 2 Board Minutes of July 15, 2010 and none opposed. A neighborhood meeting was held on June 24. He stated that staff recommends approval of the CAD. The public hearing was opened. Steven Savage, resident of Sunnybrook Road, expressed support for formation of the CAD, and stated that he would like construction to begin in August. He asked the Board to consider authorizing the financing of connection fees. He stated that he is aware of 14 properties who would participate if the fees can be financed, and eight to nine of those properties would hook up immediately. Whereas, perhaps only six or less would participate if the connection fees are not financed: Member Hockett, Member of the Budget and Finance Committee, stressed the importance of people connecting to the sewer, and stated that the Committee reviewed the matter at its last meeting and recommended authorizing financing of the connection fees. Director of Engineering Ann Farrell reviewed past policy and stated that, with regard to the possible financing of capacity fees, it is industry standard and District past practice to require payment of the capacity fee at the time of connection. For high demand users, where the fees are prohibitively high, such as restaurants, the District and others have allowed payment over time. In the case of the Alhambra Valley Assessment District, the District made an exception because District funds were invested in construction of the trunk sewer and therefore the District wanted to encourage connections. The Board recently directed staff to establish a capacity fee deferral program due to the poor economy, and that has received limited use. More recently, the Board requested that staff develop atwo-year payment plan for a capacity fee delinquency. She noted that assessments are only supposed to include costs for public facilities, and therefore exclude laterals and possibly capacity fees. She stated that if fee deferral is allowed for CADs, then there is no rationale for denying it to other residential connectors, such as a neighbor down the street who is not part of the CAD. She stated that the Board has often stated they wish to encourage septic tank abandonment. A more rational policy would be to consider financing connection fees only for those connectors abandoning septic tanks who have a financial hardship. Member Lucey stated that he does not support financing the connection fees and changing past District practice. In response to a question from Member Hockett, Principal Engineer Jarred Miyamoto- Mills stated that the Budget and Finance Committee supported the notion of financing the capacity fee for the Sunnybrook CAD, but did not discuss whether it should be a separate pilot program limited to septic conversions. 3 Board Minutes of July 15, 2010 President McGill stated that he would like to finance the connection fee, and asked for Counsel input. District Counsel Kent Alm stated that most attorneys would recommend against financing the connection fees as part of an assessment district, but that it is somewhat of a gray area. He stated that it may be better to include it as a fee deferral program instead of an assessment, from a legal standpoint. The public hearing was closed. It was moved by Member Menesini and seconded by Member Hockett to find that the project is exempt from CEQA; to adopt Resolution 2010-049 overruling protests; to adopt Resolution 2010-050 confirming compliance with California Constitution, Article XIIID, Section. 4; to adopt Resolution 2010-051 approving the Engineer's Report, assessments, and ordering improvements; to authorize a $158,900 allocation from the Collection System Program contingency; and to authorize the General Manager to execute an agreement with the Sunnybrook Road parcel owners. The Board also directed staff to schedule a public hearing to consider financing the connection fees for property owners who are converting from septic to sewer. Motion passed by the following vote of the Board: AYES: .Members: Hockett, Lucey, Menesini, McGill NOES: Members: None ABSENT: Members: Nejedly b. PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION DIRECTING THAT THE 2010-11 ASSESSMENT FOR VIA VAQUEROS ALHAMBRA VALLEY ASSESSMENT DISTRICT (2008-7) BE COLLECTED ON THE CONTRA COSTA COUNTY TAX ROLL General Manager James Kelly stated that the Via Vaqueros Alhambra Valley Assessment District project was completed this year and the Board has levied final assessments on the benefiting properties. Of the five participating properties, four have paid their assessments upfront and one is choosing to finance it over time on the County Tax Roll. To accomplish this, the Board needs to conduct a public hearing and adopt a resolution directing that the 2010-11 assessment for the. Via Vaqueros Alhambra Valley Assessment District (2008-7) be collected on the Contra Costa County Tax Roll. The public hearing was opened and closed without comments. It was moved by Member Menesini and seconded by President McGill to adopt Resolution 2010-052 directing that the 2010-11 assessment for Via Vaqueros Alhambra Valley Assessment District (2008-7) be collected on the Contra Costa County tax roll. Motion passed by the following vote of the Board: 4 Board Minutes of July 15, 2010 AYES: Members: Hockett, Lucey, Menesini, McGill NOES: Members: None ABSENT: Members: Nejedly 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 6. REPORTS a. GENERAL MANAGER 1) Board review of current District pay elements as recommended by Contra Costa County Grand Jury Report dated May 18, 2010. General Manager James Kelly stated that the 2009-2010 Contra Costa Grand Jury has recommended that the District Board and the Contra Costa County Employees' Retirement Association Board review the list of current pay elements and determine which elements are required to be included by law. The District is to respond by July 17, 2010. At the July 1, 2010 Board meeting, staff presented a draft response to the Contra Costa County Grand Jury report. The Board concurred with all responses except for item #3. Director of Administration Randy Musgraves stated that the Board had reviewed the draft response, and had directed staff to provide it with a review of the District's pay elements to fulfill the response to Recommendation #3: "3. Within 120 days of this report CCCERA and its employer members shall review the list of current pay elements to determine which elements are required to be included by law, which are optional and which by law are to be excluded. If a pay element is not permitted by law, action shall be taken to comply with the law. Additionally, a review shall be done when employee labor contracts or agreements are negotiated. The recommendation has been implemented. A detailed listing of all terminal pay codes and pay types has been provided to the Board (see Attachment). The CCCERA staff reviewed all District pay codes for retirement benefit calculation and directed CCCSD staff regarding their inclusion or exclusion for retirement benefit calculations. CCCERA found all District pay elements included in the final compensation are allowed by law. Regarding the last sentence of this recommendation, our labor contracts run until April 17, 2012. The District plans to review the pay codes and types before the 5 Board Minutes of July 15, 2010. next negotiations to ensure that there have been no changes in law since the last review was conducted." Mr. Musgraves explained the Recommendation and the District's response. He summarized the additional material presented to the Board, explaining that CCCERA determined and directed District staff regarding the pay elements to include in the final annual salary used for retirement benefit calculation while the District's Memoranda of Understanding with the three bargaining groups contractually identify the amount paid for pay elements. The Board has little ability to make changes because CCCERA has the authority over final annual salary pay elements and the Memoranda of Understanding with the three bargaining groups are contractually agreed to until April 17, 2012. He stated that it has been suggested that part of the response should be revised to say, "It is our understanding that CCCERA found all District pay elements included in the final compensation are allowed by law." He noted that the Board could approve the final response as recommended, or it could choose to defer review of the pay elements for up to 120 days, from the date of the Grand Jury report. The Board unanimously agreed that the response should be sent as proposed by Mr. Musgraves, stating that the pay codes have been reviewed by the Board. 2) General Manager James Kelly announced that the Water Environment Federation Technical Exhibition and Conference is being held from October 2-6, 2010, at the New Orleans Morial Convention Center. This is the largest such exhibition in the world and offers a wide array of information from technical papers to demonstrations of new technology. The deadline for early registration discounts is July 15, 2010. Associate Engineer Craig Mizutani has had a paper accepted describing the District's mercury removal pilot test on the incinerators and staff is recommending that he attend. In addition, Board Member Barbara Hockett, General Manager James Kelly, Director of Engineering Ann Farrell, and Plant Operations Division Manager Randy Grieb plan to attend. Ms. Farrell, who is on the Water Environment Research Foundation Board, has been asked to attend by the Foundation. Mr. Kelly, Ms. Farrell, and Mr. Grieb will use their professional reimbursement account funds. 3) General Manager James Kelly announced that the California Water Bond, Proposition 18, is on the November 2, 2010 ballot in California as a legislatively-referred proposition. If voters approve, the water bond proposition will allow the State government to borrow $11.1 billion to make improvements to the state's water system. On June 29, 2010, Governor Arnold Schwarzenegger stated that he was going to ask the California 6 Board Minutes of July 15, 2010 State Legislature to pull Proposition 18 from the November ballot due to a lack of support from the electorate. The Governor will need atwo-thirds vote of the legislature to pull it. District staff has been holding off bringing a revised position paper to the Board to take a formal position on the bond while information is gathered on what positions others are taking. Due to the possibility that the bond proposition will be pulled from the ballot, many other jurisdictions are taking await-and-see approach and have not adopted a formal position. Staff's recommendation is to wait another month or two before bringing back a position paper regarding the bond and wait to see what action the legislature takes. Member Lucey noted that the Board had previously reviewed a resolution opposing the California Water Bond and requested an update on the status of that resolution. President McGill stated that he had requested some modifications.to the content of the resolution when it was last reviewed by the Board. General Manager James Kelly stated that he will place the matter on the August 5, 2010 Board meeting agenda. 4) General Manager James Kelly announced that the existing elevators on the Treatment Plant site were installed in 1975. They frequently require repairs and are near the end of their useful life. Failure of any of these elevators would cause safety and Plant reliability issues. This project will upgrade the electronics and controls for both the passenger and freight elevators in the Solids Control Building. Additionally, both will be updated to current fire code standards. This project will be advertised on July 30 and August 6, 2010. The bids will be opened on August 18, 2010. The construction cost is currently estimated at $500,000. More information will be presented when the Board is asked to approve the construction contract at the September 2, 2010 Board Meeting. 5) General Manager James Kelly announced that the District's Standard Specifications for Design and Construction were last updated in 1993. Staff comprehensively reviewed and reformatted the document to make it more user-friendly and to incorporate the latest information on new materials, methods and technology. During this period, a number of interim revisions covering specific technologies and practices, such as pipe bursting and directional drilling, were issued. The updated document "CCCSD Standard Specifications for Design and Construction, 2010 Edition" is now ready for publication. Staff has conducted an extensive outreach program to inform and solicit input from interested engineers, contractors, developers and other like agencies. A public hearing for the Board to receive comments and consider adopting the new document is scheduled for August 5, 2010. 7 Board Minutes of July 15, 2010 6) General Manager James Kelly announced that the District is participating in a cooperative bid for sodium hypochlorite. The Bay Area Chemical Consortium (BACC) is a cooperative group of public agencies acting collectively to seek competitive sealed bids for the supply and delivery of sodium hypochlorite. Sealed bids were received on June 11, 2010. Olin Chlor Alkali Products was the low bidder at $0.639 per gallon. Four vendors participated in this bid and the bids ranged from $0.639 per gallon to $0.869 per gallon. If District usage remains consistent with previous years, the District will save approximately $20,000 over the next year for the supply and delivery. 7) General Manager James Kelly announced that, when the Martinez Easement Acquisition Program began in the late 1980's, approximately 200 existing sewer segments on private property were identified as not having easements of record. Since that time, the number of segments where easement rights need improvement has been reduced to less than 50. The reduction was accomplished through pursuing prior phases of this program in collaboration with the City of Martinez; relocation of some sewers from backyards to street alignments; easement evaluation and acquisition for a number of sewer renovation projects; and through title research that located easements of record for several segments. Staff has begun discussions with the City of Martinez to initiate the next phase of the program for resolution of the remaining sites. Priority if being given to segments that will be included in upcoming sewer renovation projects. 8) General Manager James Kelly announced that, on July 9, 2010, the District purchased the first third of the Treatment Plant natural gas for January through December 2012 at Pacific Gas and Electric Citygate price of $6.00 per decatherm (dth). Natural gas prices have continued to remain depressed as the economy struggles to recover and gas storage is above average. The District's consultant, Valtech Energy Systems, has recommended purchasing 2012 gas at this time to lock in pricing to avoid future escalating energy costs. b. COUNSEL FOR THE DISTRICT No reports. c. SECRETARY OF THE DISTRICT Secretary of the District Elaine Boehme announced the upcoming Outreach Committee meeting on July 21, 2010. 8 Board Minutes of July i5, 2010 Ms. Boehme also reminded Board Members that their Form 460s or Form 470s are due by the end of the month. 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 Hockett Member Hockett reported on the July 12, 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 July 1, 2010 Contra Costa County Mayors' Conference meeting and provided a written report on other meetings attended. a. Provide direction regarding nomination of one of the following candidates as representative to the California Special Districts Association (CSDA) Board for Region Three, Seat Bfor athree- yearterm. o Sherry Sterrett (incumbent) o Kathryn Slater-Carter President McGill stated that there is an upcoming election of a representative to CSDA Region Three, Seat B, and requested direction from the Board. The Board unanimously directed President McGill to nominate Kathryn Slater-Carter as representative to the California Special Districts Association (CSDA) Board for Region Three, Seat B. b. Provide comments on proposed amendments to California Special Districts Association Bylaws. President McGill noted that CSDA is proposing changes to their by- laws, which appear to be perfunctory. He stated that the Contra Costa Chapter of the CSDA meets on Monday July 19, 2010, and will discuss the proposed changes. He suggested that, unless the Board had comments, he would submit the ballot in favor of or 9 Board Minutes of July 15, 2010 opposing the changes following his attendance at the July 19 meeting. The Board concurred with his recommendation. 2) Announcements President McGill provided a written report covering Announcements. Member Menesini announced the upcoming Environmental Alliance meeting on July 19, 2010. 7. ENGINEERING a. ADOPT A RESOLUTION APPROVING EXTENSION OF THE TIME PERIOD FOR PROPERTY OWNERS TO PARTICIPATE IN THE ALHAMBRA VALLEY ASSESSMENT DISTRICT (AVAD) PROGRAM TO JUNE 30, 2015 Member Hockett announced that the Budget and Finance Committee reviewed this matter and recommended approval. General Manager James Kelly stated that staff is recommending that Alhambra Valley property owners be allowed an additional five years to opt to participate in Alhambra Valley Assessment District financing. There would be no added cost to the District to make this opportunity available, and it is hoped that the time extension will encourage some property owners to participate who might not otherwise do so. So far, one property owner on Wanda Way has asked to finance AVAD payments. It was moved by Member Hockett and seconded by Member Menesini to adopt Resolution 2010-053 approving extension of the time period for property owners to participate in the Alhambra Valley Assessment District (AVAD) Program to June 30, 2015. Motion passed by the following vote of the Board: AYES: Members: Hockett, Lucey, Menesini, McGill NOES: Members: None ABSENT: Members: Nejedly 8. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 9. SUGGESTIONS FOR FUTURE AGENDA ITEMS Staff to schedule a public hearing to consider financing Connection Fees for the Sunnybrook Road CAD. Staff to bring back a resolution previously considered by the Board on May 6, 2010 opposing the California Water Bond Proposition entitled "Safe, Clean, and Reliable 10 Board Minutes of July 15, 2010 Drinking Water Supply Act of 2010," which has been placed on the November 2, 2010 ballot. 10. CLOSED SESSION The Board recessed at 3:00 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. The Board recessed at 3:12 p.m. to reconvene in the Board Room in open session. 11. REPORT OUT OF CLOSED SESSION District Counsel Kent Alm reported that the Board voted unanimously (4-0) to approve a settlement agreement with Matthew Parkinen in the amount of $10,000, case to be dismissed, both parties to bear own attorney's fees, for a full and final settlement including a Civil Code Section 1542 waiver by Mr. Parkinen. 12. ADJOURNMENT There being no further business to come before the Board, President McGill adjourned the meeting at 3:13 p.m. 11