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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: '~ , 1,- I V ~' Elaiie-R. Boehme =`, Secretary of~the Central Contra Costa ' ~= ~;- -Sanitary District, County of Contra Costa, `, ~ State of California 1 i~ 1 Book 59 -Page 186