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HomeMy WebLinkAboutBOARD MINUTES 06-16-05 248 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JUNE 16, 2005 The District Board of the Central Contra Costa Sanitary District convened in a regular session at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on Thursday, June 16, 2005. President Hockett called the meeting to order and requested that the Secretary call roll. I 1. ROLL CALL PRESENT: Members: Boneysteele, Lucey, Menesini, Nejedly, Hockett ABSENT: None Members: a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance to the Flag. 2. PUBLIC COMMENTS There were no public comments. 3. CONSENT CALENDAR It was moved by Member Menesini and seconded by Member Lucey that the Consent Calendar, consisting of Items a. through h., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. Motion passed by unanimous vote of the Board. I a. Adopt Resolution 2005-058 accepting public sewer improvements and an offer of dedication from Toll Land XXII Limited Partnership for an easement shown on the recorded final map of Subdivision No. 7575 in the San Ramon area (Job 5129) and authorize staff to record easement with the Contra Costa County Recorder b. Adopt Resolution 2005-059 accepting public sewer improvements and an offer of dedication from Affinity Land and Construction Company for an easement shown on the recorded final map of Subdivision MS 805-95 in the city of Walnut Creek (Job 5182) and authorize staff to record easement with the Contra Costa County Recorder c. Adopt Resolution 2005-060 confirming publication of District Ordinance No. 234, An Ordinance Amending District Code Section 6.12.090 Schedule of Capacity Fees, Rates and Charges d. Adopt Resolution 2005-061 confirming publication of District Ordinance No. 235, An Ordinance Amending District Code Section 6.30 Schedule of Rates and Charges for Various Environmental and Development-Related Services I e. Authorize extension of medical leave of absence without pay for Steven Plunkett, Utility Worker, through July 28, 2005 f. Authorize extension of medical leave of absence without pay for Mark Lafferty, Maintenance Technician III, Mechanical, through September 1,2005 g. Advise the Board of the closeout of the Lafayette Sewer Renovation Project, Phase 4, District Project 5661 6-16-05 --r----- I I I 249 h. Advise the Board of the closeout of the Treatment Plant Equipment Replacement Project, District Project 6149 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER: Item 12 was taken out of order. 12. CLOSED SESSION The following item was taken out of order. The Board adjourned into closed session at 2:15 p.m. regarding: a. Pursuant to Government Code Section 54956.9(b), the Board will confer with District Counsel to discuss significant exposure to litigation (one matter) The Board reconvened at 2:20 p.m. in open session to resume the agenda. a. 5. BIDS AND AWARDS CONSIDER RESPONSIVENESS OF BID SUBMITTED BY BAY PACIFIC PIPELINE. INC. AND CONSIDER AUTHORIZING AWARD OF CONSTRUCTION CONTRACT TO MCNAMARA & SMALLMAN CONSTRUCTION, INC. FOR THE NORTH ORINDA SEWER RENOVATION PROJECT. PHASE 1. DISTRICT PROJECT NO. 5759 General Manager Charles Batts stated that bids for the North Orinda Sewer Renovation Project Phase 1 were opened on June 7. He introduced Associate Engineer Tom Godsey, who presented the project background and bid results. Mr. Godsey presented a report, stating that four bids were opened on June 7, 2005, ranging from $2,172,610 to $2,515,591. The Engineer's estimate was $2,300,000. He stated that the low bidder submitted a bid bond that did not meet District requirements in that the bond does not require successful submittal of project insurance, limits bid security forfeiture to the difference between the low bidder and the next low bidder, and does not provide for the recovery of attorney's fees. He stated that District Counsel has advised staff that these variances are material and cannot be waived. The public hearing was opened. Mr. Carew, President of Bay Pacific Pipeline, stated that his wife submitted the bid and incorrect bid bond. He stated that he felt the bond submitted was, however, in conformity with the District requirements. He requested that the Board waive the irregularity and award the contract to his company. The public hearing was closed. Member Nejedly stated that he is frustrated with repeated errors in bids recently submitted to the District. He stated that, in this case, the District procedure was not properly adhered to and the bid bond submitted is inadequate. Member Menesini requested that the Board recess and reconvene in closed session. The District Board recessed at 2:15 p.m. to reconvene in closed session pursuant to Government Code Section 54956.9(b), to discuss significant exposure to litigation (one matter). All Board Members were present. The meeting recessed at 2:20 p.m. to reconvene in open session. There was no report out of closed session. It was moved by Member Lucey and seconded by Member Nejedly to declare the bid submitted by Bay Pacific Pipeline, Inc. as nonresponsive and authorize award of a construction contract in the amount of $2,173,665 for the construction of the North Orinda Sewer Renovation Project, Phase 1, District Project No. 5759, to McNamara & 6-16-05 250 Smallman Construction, Inc. the lowest responsive bidder. Motion passed by unanimous vote of the Board. b. AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO VALENTINE CORPORATION FOR THE TREATMENT PLANT SAFETY ENHANCEMENTS. PHASE 2. DISTRICT PROJECT 7229 . , General Manager Charles Batts stated that safety-related work orders often require Engineering Department support. District Project 7229 groups together several individual tasks into a single capital project. The work will take place at the treatment plant and at the Household Hazardous Waste Collection Facility. The project includes handrail enhancement, chemical tank replacement, fall protection, and grating enhancement. I He stated that two bids were received for this project on June 1. The lowest responsible and responsive bidder was Valentine Corporation, and staff recommends that the Board award the project to Valentine Corporation in the amount of $607,369. It was moved by Member Lucey and seconded by Member Nejedly to authorize the award of contract as recommended. Motion passed by unanimous vote of the Board. 6. ITEMS HELD OVER FROM PREVIOUS BOARD MEETINGS: None. 7. REPORTS a. GENERAL MANAGER 1) General Manager Charles Batts stated that the state and local air district recently adopted new air regulations on diesel engines to significantly reduce particulate emissions. Some of the District's diesel engine-driven equipment will need to be modified or replaced to comply with the new emissions criteria. I Don Berger, Associate Engineer, presented an update on diesel engine compliance. He stated that new air quality regulations on diesel engine emissions impact the District by significantly reducing allowable particulate emissions from diesel engines during non-emergency conditions. The regulations apply to stationary and portable engines greater than 50 horsepower. He stated that a compliance plan is due by July 1, 2005. Engines must be replaced by 2008 with new, clean-burn, low-emission engines to maintain a reliable backup at the Plant. The cost for replacement is included in the CIP/CIB. He stated that several pump station diesel engines will require replacement or modification in the future, including several diesel engines for wet weather pumps at Moraga and Orinda Crossroads, and diesel engines for standby power generators at Moraga, Orinda Crossroads, Concord Industrial, Flushkleen and Acacia Pump Stations. A long compliance schedule, starting in 2013, allows for the gradual replacement of portable equipment with new engines as the equipment is retired. I He described the project schedule and estimated project costs totaling approximately $3.25 million, which have been included in the 2005-06 budget. Member Nejedly stressed the importance of looking at obtaining information on possible future regulations for diesel engines prior to acquiring new equipment. 6-16-05 T I I I 7) 251 2) General Manager Charles Batts announced the completion of the sale of the District's one-acre parcel in Danville to the Town of Danville. He stated that the transaction was concluded on Friday, June 10, with the receipt of a check for $600,000. The check has been deposited, the documents have been signed and filed. 3) General Manager Charles Batts announced that a hearing regarding the closure of the Orinda-Moraga Disposal Receivership was held recently. Staff is working with District Counsel on the court's division of the remaining funds and will bring that issue to the Budget and Finance Committee and then the full Board in the near future. 4) General Manager Charles Batts stated that the announcement of the District's Administrative Civil Liability fine generated several local news stories, including comments from the San Ramon Mayor and several residents about the amount of the fine and where that money should go. In particular Roz Rogoff has used her website to announce this, and states she intends to protest the fine amount. On Tuesday she contacted KRON channel 4 which had a small segment on the 9:00 pm News about this issue. On Wednesday she and Krista Freihofner appeared before the Regional Water Board with comments on consideration of the District's Administrative Civil Liability for SSO's. Their comments centered around their protest on the expansion of the San Ramon Pumping Station to incorporate Dougherty Valley flow. The Water Board found there was no new information in the citizens' comments, and approved the ACL as proposed by Water Board staff by a 7-0 vote. There is a 30-day appeal period to the State Water Board that began yesterday. Also District staff met with staff from San Ramon and County Flood Control regarding potential supplemental environmental projects. Both have projects for consideration by the District and the Water Board staff. The Water Board SEP coordinator is working with the City and County Flood Control staff to help ensure their proposals meet the Water Board's criteria. In addition, the Water Board SEP coordinator is forwarding information on two or three other potential projects in the District's service area for the District's consideration. Staff will update the Board throughout this process. In response to a question from Member Lucey, Mr Batts stated that the Mayor of San Ramon did not attend the Regional Board meeting, nor did any members of the San Ramon City Council. He stated that the City Manager did attend but merely requested that the Regional Board consider the San Ramon project as an SEP. 5) General Manager Charles Batts announced the attendance of Gail Chesler at the Water Environment Federation Annual Conference on Collection System Issues to be held July 17 - 20, 2005, in Boston, Massachusetts. 6) General Manager Charles Batts announced that, on June 21, the District will host a visit and tour of the treatment plant for five technical professionals from Spain. The tour was arranged by a civil engineering professor at U.C. Berkeley. The group is particularly interested in UV disinfection and wastewater filtration for water reclamation. The group will also visit the Regional Board's office and the Mountain View Sanitary District wetlands facilities. General Manager Charles Batts announced that a water main break occurred in Walnut Creek on June 14, 2005. A CSO construction crew was excavating to repair a broken clay sewer main on Carmel Drive in Walnut Creek when the backhoe hit and punctured a 6-inch East Bay 6-16-05 252 Municipal Utility District water main. The water main had been marked by EBMUD and the backhoe was digging just outside the required two-foot zone. The pipe was asbestos concrete and not accurately marked because there was no tracer wire over the line. Any digging inside the two-foot zone has to be done by hand. EBMUD responded quickly to shut off the water, and the CSO construction crew cleaned up the street and surrounding area. The water was off for just under two hours. 8) General Manager Charles Batts announced that the Open House for the new Contra Costa County Animal Shelter will be held on Monday, June 27 from 11 :00 a.m. to 2:00 p.m., with a ribbon-cutting ceremony at 1 :00 p.m. Invitations have gone out in the mail, and Board members are cordially invited to attend the Open House. County Supervisors and the County Administrator will be attending. He added that, as a courtesy to the County, the District is making part of the North Parking Lot available to their visitors during the Open House. b. COUNSEL FOR THE DISTRICT None. c. SECRETARY OF THE DISTRICT None. d. BOARD OF DIRECTORS a. 1 ) Member Lucey, Chair of the Budget and Finance Committee, reported that the Committee reviewed the expenditures and took no exception. It was moved by Member Lucey and seconded by President Hockett to approve the Expenditure List dated June 16, 2005, including Self Insurance Check Nos. 102233 to 102235, Running Expense Check Nos. 155846 to 156026, 8.ewer Construction Fund Check Nos. 27703 to 27729, Payroll Fund Manual Check Nos. 49040 to 49041 and Payroll Regular Check Nos. 55437 to 55467 as recommended. Motion passed by unanimous vote of the Board. 2) Member Lucey reported on the Real Estate Committee meeting held on June 14, 2005. 3) Member Menesini announced the upcoming Environmental Alliance meeting to be held on June 20, 2005 regarding climate change and vector-borne diseases. 8. ENGINEERING APPROVE AN AMENDMENT TO AGREEMENT NO. 27105TC WITH ASSOCIATED RIGHT OF WAY SERVICES. INC.. TO INCREASE THE COST CEILING OF THE AGREEMENT FOR RIGHT-OF-WAY CONSULTING AND APPRAISAL SERVICES General Manager Charles Batts stated that, with the increasing need for right-of-way consulting services to meet the demands of the collection system renovation program, staff is requesting an increase in the cost ceiling of the agreement with the local firm of Associated Right of Way Services to help with existing projects and to begin the right-of- way acquisition process for next year's projects. It was moved by Member Menesini and seconded by President Hockett to authorize the General Manager to execute an amendment to existing agreement as recommended. Motion passed by unanimous vote of the Board. 6-16-05 I I I I I I 253 9. APPROVAL OF MINUTES: It was moved by Member Menesini and seconded by Member Nejedly to approve the minutes of May 19 and May 24, 2005. Motion passed by unanimous vote of the Board. 10. BUDGET AND FINANCE: a. APPROVE A RESOLUTION TO ADOPT THE 2005-2006 STAFFING PLAN. AND THE EQUIPMENT, CAPITAL IMPROVEMENT. OPERATIONS AND MAINTENANCE. DEBT SERVICE. AND SELF-INSURANCE FUND BUDGETS AS COMPRISING THE 2005-2006 DISTRICT BUDGET General Manager Charles Batts stated that the Board is being asked to approve a resolution to adopt the 2005-2006 fiscal year Staffing Plan, and the Equipment, Capital Improvement, Operations and Maintenance, Debt Service, and Self-Insurance Fund budgets, which comprise the 2005-2006 District budget. Director of Administration Randy Musgraves presented a summary of the total District- wide revenue and expense budgeted for 2005-06. It was moved by Member Menesini and seconded by President Hockett to adopt Resolution 2005-062, adopting the 2005-06 District Budgets as recommended. Motion passed by unanimous vote of the Board. 11. EMERGENCY SITUATIONS REQUIRING BOARD ACTION: None. 13. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS None. 14. ADJOURNMENT There being no further business to come before the Board, President Hockett adjourned the meeting at 3:00 p.m. ~~ÌJ,JktÁ resident of the Board o(Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: (:2 fo.p~ -' Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California 6-16-05