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HomeMy WebLinkAboutBOARD MINUTES 02-04-10
MINUTES OF THE REGULAR MEETING
OF THE DISTRICT BOARD OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD ON FEBRUARY 4, 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, February 4, 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.
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 unanimous vote of the Board.
a. Approve expenditures dated February 4, 2010. Reviewed by Budget and
Finance Committee.
b. Approve minutes of January 6 and January 7, 2010 Board meetings.
c. Adopt Resolution 2010-004 accepting a grant of easement from John H.
Plummer and Dorothy S. Plummer, property owners of the private road called Via
Vaqueros in Martinez (District Project 6450 - Parcel 2), and authorize staff to
record documents with the Contra Costa County Recorder.
d. Adopt Resolution 2010-005 accepting grants of easements from property owners
in the Moraga Del Rey neighborhood, Orinda (District Project 5950 - Parcels 1, 2,
7, 11, 13, 14, 15, 16, 32, 35, and 53), and authorize staff to record documents
with the Contra Costa County Recorder.
Book 59 - Page 179
Board Minutes of February 4, 2010
e. Adopt Resolution 2010-006 accepting a grant of easement from Contra Costa
County Flood Control and Water Conservation District for an easement within the
Walnut Creek Flood Control Channel (District Project 7241 - Parcel 1), and
authorize staff to record documents with the Contra Costa County Recorder.
f. Adopt Resolution 2010-007 authorizing recording of a quitclaim deed to terminate
Pacific Gas and Electric Company easements located on District-owned property
at 1250 Springbrook Road, Walnut Creek, and authorize staff to record
documents with the Contra Costa County Recorder.
g. Authorize the General Manager to execute an agreement with Kellco-Macs for
technical consulting services with a cost ceiling of $75,000 for Treatment Plant
Hazard Identification, District Project 7284.
h. Approve revisions to the District’s Records Retention Schedules.
4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
None.
5. BIDS AND AWARDS
a. DECLARE THE BID SUBMITTED BY H & R PLUMBING AND DRAIN
CLEANING NONRESPONSIVE; AWARD A SERVICE CONTRACT TO
RUSSELL WARNER, INC., THE LOWEST RESPONSIVE BIDDER, IN THE
AMOUNT OF $132,875 FOR THE COMPLETION OF THE TV INSPECTION OF
SANITARY SEWER, DISTRICT PROJECT 036545ENG; FIND THAT THE
PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA); AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE
THE CONTRACT DOCUMENTS SUBJECT TO SUBMITTAL REQUIREMENTS
General Manager James Kelly stated that Engineering employs television inspection to
determine the condition of existing pipe, location of laterals, and verify record
information. This contract differs from the TV of the entire collection system contract as
the results need to be timelier for use in evaluation of alternatives during design and to
minimize change orders during construction of collection system renovation projects.
The Engineer’s Estimate for completion of TV Inspection of Sanitary sewer is $150,000
for three-year period. The project was advertised on December 9 and 15, 2009. Three
bids ranging from $96,250 to $243,745 were opened on January 14, 2010. A review
was conducted of the bids and determined that the lowest bid was non-responsive due
to failure to acknowledge two addenda, and failure to fully complete the bid schedule.
Staff recommended declaring the bid from H&R Plumbing and Drain Cleaning as non-
responsive and awarding the contract to Russell Warner, Inc., the lowest responsive
bidder.
Book 59 - Page 180
Board Minutes of February 4, 2010
Mr. Horacio Franco, H & R Plumbing, addressed the Board, stating that he did not see
the need to acknowledge the addenda. He stated that he did not complete the bid
schedule for one item because he did not feel it was a necessary item.
District Counsel Kent Alm confirmed that the defects on the bid submittal were in fact
material defects and recommended that the bid be rejected.
Staff responded to Board Member questions regarding the bid specifications and
bidding procedures.
Following discussion, it was moved by Member Menesini and seconded by Member
Nejedly to declare the bid submitted by H & R Plumbing and Drain Cleaning non-
responsive; to find that the project is exempt from CEQA; to award a service contract
in the amount of $132,875 to Russell Warner, Inc.; and to authorize the General
Manager to execute the contract documents as recommended. Motion passed by
unanimous vote of the Board.
6. REPORTS
a. GENERAL MANAGER
1) Businesses in Significant Non-Compliance for 2009.
General Manager James Kelly stated that the federal pretreatment regulations
require agencies to publish the names of businesses that are in Significant Non-
Compliance during the previous calendar year. Three businesses determined to
be in Significant Non-Compliance are described in the Board packet memo. The
publication of this Significant Non-Compliance list will occur in the Contra Costa
Times early next week. Mr. Kelly noted that he contacted the BART General
Manager to inform her of the upcoming publication.
2) Contra Costa County Employees’ Retirement Association (CCCERA)
Update.
General Manager James Kelly reported that staff attended the Contra Costa
County Employees’ Retirement Association Board meeting on January 27, 2010.
A memo detailing the meeting was included in the Board packet.
Director of Administration Randy Musgraves presented a summary of the
memorandum, stating that staff has requested from CCCERA information
regarding de-pooling.
In response to a question from Member Nejedly, Mr. Musgraves responded that
the information has not yet been received as its release requires approval by the
CCCERA Board. Member Nejedly stated that such a delay is unacceptable.
Book 59 - Page 181
Board Minutes of February 4, 2010
Mr. Musgraves concluded his presentation, stating that if any additional
information becomes available it will be presented to the Human Resources
Committee.
3) General Manager James Kelly announced that there was an exterior
overflow on Lombardy Lane in Orinda on Wednesday, January 20, 2010.
Safety and Risk Management Administrator Shari Deutsch, CSO
Maintenance Supervisor Dante Marchetti, and CSO Maintenance Crew
Leader Rick Hodge met with homeowners Bonnie and Duane Fitch on the
issue. The Fitch’s wrote a thank-you letter commending District staff for
their work
4) General Manager James Kelly announced that the contract with Page
Construction Company on the ADA & General Improvements Project, DP
8214, has been on hold since September 29, 2009. District staff has
pursued a negotiated change order to reduce the scope of work and
complete the project; to date, Page has not been timely in its response.
Therefore, District staff intends to provide a contract termination notice to
Page. This could lead to the District filing a claim with Page’s bonding
company to complete the project.
5) General Manager James Kelly announced that the Sleepy Hollow
Pumping Station Upgrades Project consists of modifications and
equipment replacement to improve the station's reliability. Some of the
improvements include coating the concrete wet well, replacing the
pumping bypass connection, and relocating electrical equipment to new
panels.
The project will be advertised on February 16 and 21, 2010. The
Engineer's Estimate for construction is $350,000. The Board will be asked
to approve the construction contract at the April 1, 2010 Board meeting.
6) General Manager James Kelly announced that the Wet Weather Bypass
Improvements Project, DP 7241, will provide necessary improvements to
the emergency wet weather discharge system. The pre-load phase of the
project, which was constructed in 2008, consolidated the soft, organic clay
soils that underlie the site of the new overflow structure to reduce the
potential of settlement. This phase of the work will construct the new
gravity overflow structure and box culvert to discharge directly to Walnut
Creek. In addition, the culvert between the two on-site bypass channels,
which direct flow to holding Basin B, will be replaced with larger box
culverts to increase capacity, and a narrow section of the northern most
on-site bypass channel just upstream of Basin B will be widened to
improve flow.
Book 59 - Page 182
Board Minutes of February 4, 2010
This project will be advertised on February 12 and 17, 2010. Bids will be
opened on March 9, 2010. The construction cost is currently estimated at
$2,200,000. The Board will be asked to approve the construction contract
at the April 1, 2010 Board meeting.
7) General Manager James Kelly announced that Caffe Classico Foods, a
food manufacturing facility located in North Concord, has experienced a
significant pattern of non-compliance over the past five years. District staff
worked with them to attempt to resolve the violations and enable the
company to achieve compliance. As a result of continued violations
through 2009, the District initiated a formal enforcement action in a letter
dated December 18, 2009, to resolve the pattern of non-compliance. A
settlement conference was held on January 11, 2010 that resulted in a
settlement agreement with the company to resolve the violations.
8) General Manager James Kelly announced that Collection System
Operations Director Bill Brennan will retire on Tuesday, February 16,
2010; and Plant Operations Director Doug Craig will be retiring in late-
March of this year.
9) General Manager James Kelly announced that, on Saturday, May 8, 2010,
the District and the City of San Ramon will sponsor a mobile Household
Hazardous Waste collection event at the San Ramon Services Center on
Crow Canyon Road. The event will be from 8 a.m. to 3 p.m., and is open
to 700 participants by appointment only. Last year, the San Ramon event
served slightly over 600 residents. Advertising for the event will target the
southern portion of the service area.
b. COUNSEL FOR THE DISTRICT
District Counsel Kent Alm distributed a legal update memorandum and summarized
recent litigation and non-litigation matters.
President McGill asked Mr. Alm to provide an update on the Novato Sanitary
District investigation at a future Board meeting.
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.
Book 59 - Page 183
Board Minutes of February 4, 2010
Member Hockett
Member Hockett reported on her attendance at the January 13-15, 2010
California Association of Sanitation Agencies (CASA) Conference and
CASA Executive Board Meetings.
Member Hockett reported on her attendance at the January 27, 2010
Contra Costa USA event
.
Member Lucey
Member Lucey reported on his attendance at the January 25, 2010 Contra
Costa Special Districts Association
.
Member Nejedly
Members Nejedly and Hockett reported on the February 1, 2010 Budget
and Finance Committee meeting. Member Nejedly noted that the
Committee found it difficult to recommend cuts to the Outreach Committee
budget, although if cuts are necessary they can be made. The Board
received the report without comments.
President McGill
President McGill provided a written report on his meeting attendance.
President McGill and Member Menesini reported on the January 27, 2010
Outreach Committee meeting and summarized the Action Summary. The
Board received the report without comments.
2) Announcements
President McGill provided a written report covering Announcements.
7. COLLECTION SYSTEM
a. ACCEPTANCE OF THE 2009 COLLECTION SYSTEM SANITARY SEWER
OVERFLOW ANNUAL REPORT
General Manager James Kelly stated that an annual report on Sanitary Sewer
Overflows has been prepared as required each year by the Regional Water Quality
Control Board.
Book 59 - Page 184
Board Minutes of February 4, 2010
He noted that the Director of Collection System Operations, Mr. Bill Brennan, has
announced his retirement effective February 16, 2010. He commended Mr. Brennan for
his leadership and accomplishments during his tenure at CCCSD and wished him well
in his retirement.
Director of Collection System Operations Bill Brennan presented an overview of the
report, stating that there were only 63 overflows in 2009, the lowest in Central San
history. There were 4.2 overflows per 100 miles. Total overflow volume in 2009 was
6,125 gallons, compared with 27,210 gallons in 2008. The statewide average is 11.5
overflows per 100 miles, and 18.2 overflows per 100 miles for the Bay Area. The main
cause of overflows continues to be roots, followed by grease and debris (rags, rocks,
paper). In 2009, Walnut Creek had the highest total number of overflows. Fourteen
billion gallons of wastewater was treated and discharged in 2009.
He stated that, this fall, the District went 38 days without a single overflow. In January
2008, staff stopped the practice of lengthening the cleaning schedule of lines where
cleaning results appeared to be favorable. He described the ongoing efforts staff is
making to maintain the sewer lines, including continued use of CCTV to check the
quality of the cleaning. The goal is to clean every pipe at least once every five years.
However, with all the other activities in 2009, staff is having difficulty meeting this goal.
He stated that the State Water Resources Control Board is reviewing the Waste
Discharge Requirement for Sewer System Overflows, and this may result in more
stringent requirements. There is also pressure from the portions of the regulatory
community, as well as non-governmental organizations, for all jurisdictions to take
responsibility for maintenance of private sewer laterals.
The Board accepted the 2009 Sewer System Overflow Annual Report for submission to
the California Regional Water Quality Control Board (RWQCB).
8. EMERGENCY SITUATIONS REQUIRING BOARD ACTION
None.
9. SUGGESTIONS FOR FUTURE AGENDA ITEMS
None.
Book 59 - Page 185
Board Minutes of February 4, 2010
10. ADJOURNMENT
There being no further business to come before the Board, President McGill adjourned
the meeting at 3:06 p.m.
Michael R. McG _ ~
President of a Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
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~' Elaiie-R. Boehme
=`, Secretary of~the Central Contra Costa
' ~= ~;- -Sanitary District, County of Contra Costa,
`, ~ State of California
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Book 59 -Page 186