CONTRA COSTA WATER DISTRICT

BOARD OF DIRECTORS

REGULAR MEETING

August 15, 2007

 

MINUTES

 

 

CALL TO ORDER 

 

President Campbell called to order a regular meeting of the Board of Directors of the Contra Costa Water District at 6:32 p.m., at 1331 Concord Avenue, Concord, the regular meeting place of the Board.

 

ROLL CALL

 

            Directors Present:                      Joseph L. Campbell, President

                                                            Elizabeth R. Anello, Vice President

                                                            Bette Boatmun

                                                            John A. Burgh

                                                            Karl L. Wandry

            General Manager:                       Walter J. Bishop

            Legal Counsel:                           Carl P.A. Nelson

            District Secretary:                      Sharon L. Burris

 

PLEDGE OF ALLEGIANCE

 

Special Projects Manager Marguerite Naillon led the Pledge of Allegiance. 

 

ADOPTION OF AGENDA

 

Mr. Bishop advised that there was a memo before the Board revising the following agenda items:

 

Agenda Item No. 4 - Adopt Resolution No. 07-22 authorizing the execution of real property purchase contracts, grant deeds, and non-exclusive perpetual easements for slope maintenance and temporary construction easement to State Route 4 Bypass Authority for the Laurel Road widening project in exchange for a payment to Contra Costa Water District of $614,812.50.  Exhibits A and B to the resolution were not included with the docket and the item had been revised to include those exhibits. 

 

Agenda Item No. 8 – Amendment with Environmental Science Associates for the Los Vaqueros Reservoir Expansion Project had been revised to clarify funds being spent in FY08 and FY09. 

 

Mr. Bishop also advised that Agenda Item No. 7 – Authorize execution of the Streambed Alteration Agreement with the California Department of Fish and Game for the Canal Replacement Project and Issuance of Letters of Credit as required by Agreement was being pulled from the agenda. 

PUBLIC COMMENT

 

President Campbell asked for public comments.  There were no public comments.

 

CONSENT CALENDAR

 

1.         Approve Directors’ Services/Business and Travel Expenses

            a.   Future Services – September

      b.   Expenses – July

 

2.         Approve the minutes of July 18, 2007.

 

3.         Approve the warrant register dated August 16, 2007.

 

4.         Adopt Resolution No. 07-22 authorizing the execution of real property purchase contracts, grant deeds, and non-exclusive perpetual easements for slope maintenance and temporary construction easement to State Route 4 Bypass Authority for the Laurel Road widening project in exchange for a payment to Contra Costa Water District of $614,812.50. 

 

5.         Authorize execution of an agreement with DCSE, Incorporated for professional consultant services to develop a District Geographic Information System in an amount not to exceed $625,000. 

 

President Campbell reminded the Board that there was a technical revision for Agenda Item No. 4. 

 

MOTION:  Anello/Wandry to approve the consent calendar.  The motion carried by a unanimous voice vote.  

 

ACTION

 

6.         Award of Contract – Seminary Reservoir Rehabilitation

            a.   Relieve John Clay General Engineering Contractor, Inc. of its bid for the Seminary Reservoir Rehabilitation Project consistent with Section 5103 of the Public Contract Code; and

            b.   Authorize execution of a contract with Spiess Construction Co., Inc. for the construction of the Seminary Reservoir Rehabilitation Project in the amount of $929,100, with a 10% change order authority of $92,910, for a total amount not to exceed $1,022,010.

 

Mr. Bishop advised that the item was placed on the action calendar in the event that the Board had questions.  He advised that the contractor was requesting bid relief due to a mathematical error.  He reported that the bids were all within a $1 million range, with the exception of what appeared to be the low bidder.  The new apparent low bidder was Spiess Construction Co., Inc. 

 

Mr. Bishop reported that the District had awarded 84 bids during the last several years and that six of the bids had mathematical or clerical errors that had allowed bid relief.  He commented that this appeared to be a trend in the areas represented by the Building Trades and the District could consider meeting with them about this concern.   

 

MOTION:   Wandry/Boatmun to a) relieve John Clay General Engineering Contractor, Inc. of its bid for the Seminary Reservoir Rehabilitation Project consistent with Section 5103 of the Public Contract Code; and b)       authorize execution of a contract with Spiess Construction Co., Inc. for the construction of the Seminary Reservoir Rehabilitation Project in the amount of $929,100, with a 10% change order authority of $92,910, for a total amount not to exceed $1,022,010.  The motion carried by a unanimous voice vote.

 

7.         Authorize execution of the Streambed Alteration Agreement with the California Department of Fish and Game for the Canal Replacement Project and Issuance of Letters of Credit as required by Agreement.    

 

8.         Amendment with Environmental Science Associates for the Los Vaqueros Reservoir Expansion Project

            a.   Authorize execution of a contract amendment with Environmental Science Associates for Los Vaqueros Reservoir Expansion Project environmental services, for an amount not to exceed $3,400,000, for a new total contract amount not to exceed $11,550,000; and

            b.   Authorize an increase in the Delta Project Department FY08 consultant services budget of $2,400,000 to be funded by the Department of Water Resources.  

 

Mr. Bishop reported that the work for the project was phased according to funding from the state.  The Board authorized an amendment with ESA on March 1, 2006 for $8,150,000.  The new amendment was necessary to complete the Draft and Final Environmental Impact Study/Environment Impact Report (EIS/EIR) and related documentation, public outreach and project management tasks.   Funding for this portion of the project would occur during FY08 and FY09, which would require a budget adjustment.   Funding for the amendment would be offset by payments from the Department of Water Resources. 

 

Responding to a question from Director Boatmun concerning the timeliness for reimbursement of funds, Mr. Bishop replied that the state had been timely in reimbursing the District.  Director Boatmun asked about reimbursement for federal grants.  Mr. Bishop replied that the Bureau of Reclamation in some instances had advanced the monies. 

 

MOTION:  Boatmun/Anello to a) authorize execution of a contract amendment with Environmental Science Associates for Los Vaqueros Reservoir Expansion Project environmental services, for an amount not to exceed $3,400,000, for a new total contract amount not to exceed $11,550,000; and b) authorize an increase in the Delta Project Department FY08 consultant services budget of $2,400,000 to be funded by the Department of Water Resources.  The motion carried by a unanimous voice vote. 

 

DISCUSSION AND INFORMATION

 

9.         Receive and comment on the report for the Los Vaqueros Reservoir Expansion Project funding. 

 

Mr. Bishop reported that to keep the project on schedule and to facilitate future federal funding requests, principles on potential future project responsibilities between the District and the Bureau of Reclamation were needed.   He also advised that first submittals were currently due to the Office of Management and Budget (OMB) for FY09.   

 

Mr. Bishop noted that the District’s Principles for Participation adopted by the Board on June 25, 2003 were attached for the Board’s review.  He advised that this would be the time to consider any changes to the principles. 

 

President Campbell commented that he did not have any changes to the principles.

 

Director Wandry commented that these principles were committed to the voters during the process and he did not see a reason to change them. 

 

President Campbell asked the Board if there was further discussion on the topic.  There was no further discussion.   

 

REPORTS FOR DISCUSSION

 

10.        Committee Report(s)

            a.   Operations and Engineering Committee Post-Meeting Report (8/2/07)

 

President Campbell reported that he and Director Boatmun toured the Brentwood Water Treatment Plant on August 2.  He commented positively on the tour and that he was impressed with the cleanliness of the worksite. 

 

President Campbell asked if there were any comments on the committee report.  There were no comments.

 

11.        Schedule Future Meeting Dates and Times

 

There were no future meeting dates and times to schedule. 

 

REPORTS

 

12.        General Manager

 

Mr. Bishop reported that follow-up on most of the requests from the legislative visit to Washington, D.C. on July 26 had been completed.   He commented briefly on the East Bay Municipal District standby charge and the Bureau of Reclamation.   He also noted the recent passing of the District’s Federal Lobbyist Marcus Faust’s father.  He commented that he and Mr. Faust would be working on language to cap overhead charges or allocations that the Bureau receives. 

13.        Legal Counsel

 

Mr. Nelson did not have a report. 

 

14.        Board Members

 

Director Wandry advised that he would be attending the CSDA 2007 Annual Conference October 1-4, in Monterey.  He noted that there would be three Boardmembers attending the Conference and that the October 3 Board meeting date would need to be changed. 

 

Discussion took place on changing the Board meeting date for the conference.   

 

President Campbell suggested that one of the Boardmembers not attend the conference so that the Board meeting could be held on October 3.  Director Wandry noted that as long as the conference was authorized that the discussion about changing the Board meeting could take place at a later date. 

 

Director Wandry also advised that he was contemplating attending the ACWA Region 5 meeting September 16 and 17 in Cambria and that he was seeking authorization to attend. 

 

Director Burgh commented positively on the District’s security system and commended staff.  He referenced an incident where he had an occasion to enter the District Center after hours and was denied access until the security guard appeared.   He also reminded the Board that he would not be attending the August 24 Retirement Committee meeting and the September 5 Board meeting.

 

Director Boatmun did not have a report.

 

Vice President Anello did not have a report.

 

President Campbell commented on the recent passing of three pillars of the community.  He noted that Ernie Lasell, who served on the Board from 1969 to 1981, had passed away.  Fosca Zandonella had also passed recently.  He noted that she and Mr. Zandonella had been pillars in the County for many years.  He also commented on the recent passing of Concord City Councilmember Michael Chavez.   

 

CLOSED SESSION

 

15.        Conference with Legal Counsel – Existing Litigation as allowed under Government Code 54956.9(a):  Contra Costa Water District v. Ron Nunn

 

At 6:53 p.m., President Campbell announced that the Board would move into closed session.   There was one item before the Board which concerned existing litigation and did not require the announcement of additional attendees. 

 

RECONVENE FROM CLOSED SESSION

 

16.        Report on closed session. 

 

At 7:02 p.m., President Campbell reconvened the meeting and announced that the Board did not take any action on the matter before it. 

 

ADJOURNMENT

 

At 7:04 p.m., President Campbell adjourned the meeting in memory and respect of Ernest Lasell, Michael Chavez and Fosca Zandonella.   The meeting was adjourned to the next regular meeting of the Board of Directors scheduled for September 5, 2007 commenting at 6:30 p.m.

 

 

 

 

 

                                                                                                                                                        

                                                                                                Joseph L. Campbell, President

 

ATTEST:

 

                                               

Sharon L. Burris

District Secretary