CONTRA COSTA WATER DISTRICT

BOARD OF DIRECTORS

REGULAR MEETING

September 3, 2008

 

MINUTES

 

 

CALL TO ORDER 

 

President Campbell called to order a regular meeting of the Board of Directors of the Contra Costa Water District at 6:30 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

            Acting General Manager:            Jerry D. Brown

            Legal Counsel:                           Robert B. Maddow

            District Secretary:                      Sharon L. Burris

 

President Campbell advised that General Manager Bishop was out of town on District business and that Assistant General Manager Planning/Operations and Maintenance Jerry Brown was Acting General Manager. 

 

PLEDGE OF ALLEGIANCE

 

Director of Finance Brice Bledsoe led the pledge of allegiance.

 

ADOPTION OF AGENDA

 

Mr. Brown reported that there were no changes to the agenda.   

 

PUBLIC COMMENT

 

President Campbell asked if there were any public comments.  There were none. 

 

CONSENT CALENDAR

 

1.         Approve Directors’ Services/Business and Travel Expenses

            a.   Future Services – September

            b.   Expenses – July/August

            c.   Compensation – August

2.         Approve the following minutes:

            a.   July 16, 2008

            b.   August 6, 2008

                 

3.         Approve the warrant register dated September 4, 2008.

4.         Adopt Resolution No. 08-24 authorizing acceptance of a non-exclusive drainage pipeline easement from Save Mount Diablo.

 

5.         Adopt Resolution No. 08-25 adopting a Mitigated Negative Declaration for the Downtown Concord Water Main Replacement Project. 

 

President Campbell and Director Boatmun pulled Agenda Item No. 1.c. – Compensation – August.

 

MOTION:   Boatmun/Burgh to approve the consent calendar with the exception of Agenda Item No. l.c. – Compensation – August.  The motion carried by a unanimous voice vote.   

 

1.         Approve Directors’ Services/Business and Travel Expenses

            c.  Compensation – August

 

Director Boatmun requested compensation for a California Special District’s Association meeting on August 29, which occurred after the adoption of the August calendar.  President Campbell also requested compensation for a site visit of the Alternative Intake Project.  The site visit was previously scheduled for September; however due to a conflict it was rescheduled to August 27. 

 

MOTION:  Burgh/Anello to approve 1.c. – Approve Directors’ Services/Business and Travel Expenses, Compensation – August, as revised.  The motion carried by a unanimous voice vote. 

 

ACTION

 

6.         Award of Contract – Canal Loop Capacity Improvements

            a.   Authorize a budget transfer in the amount of $330,000 from the Alternative Intake Project to the FY09 Untreated Water Facilities Improvement Program budget; and

            b.   Authorize execution of a contract with Con-Quest Contractors, Inc. for the construction of the Canal Loop Capacity Improvements Project in the amount of $1,298,000, with an 8% change order authority of $103,840, for a total amount not to exceed $1,401,840. 

 

Mr. Brown reported that the item was placed on the action calendar due to the dollar amount of the contract.  The project would restore the canal loop capacity.  The project was presented to the Operations and Engineering (O&E) Committee meeting on June 19.  A budget transfer was needed to cover the discrepancy between the engineer’s estimate and the low bid.  He reported the discrepancy was because the estimate didn’t account for the multiple sites where the work was going to occur or for the special concrete work required. 

 

President Campbell commented that the consulting engineer did not evaluate this work even though he was advised to do so by the District. 

 

Mr. Brown advised that staff was available to give a presentation if the Board chose to have one.    

 

President Campbell asked if there were any public comments.  There were none.

 

MOTION:  Boatmun/Anello to a) authorize a budget transfer in the amount of $330,000 from the Alternative Intake Project to the FY09 Untreated Water Facilities Improvement Program budget; and b) authorize execution of a contract with Con-Quest Contractors, Inc. for the construction of the Canal Loop Capacity Improvements Project in the amount of $1,298,000, with an 8% change order authority of $103,840, for a total amount not to exceed $1,401,840.  The motion carried by a unanimous voice vote. 

 

7.         Award of Contract – Canal Levee Elimination and Flood Mitigation Project, Phase 1 – Pipeline

            a.   Authorize execution of a contract with Marques Pipeline, Inc., for construction of the Canal Levee Elimination and Flood Mitigation Project, Phase 1 – Pipeline, in the amount of $7,375,000, with a 13% change order authority of $958,750, for a total amount not to exceed $8,333,750; and

            b.   Authorize an amendment to the Brown and Caldwell Design Services Agreement for additional design services during construction in the amount of $200,000, for a total amount not to exceed $2,800,000. 

 

Mr. Brown reported that the Board had previously awarded a contract to clear the project site and prepare for the pipeline installation.  The project had been deferred due to dry winter rain conditions and the uncertainty of potential impacts on District operations resulting from Judge Oliver Wanger’s delta smelt ruling.  The project was last presented to the O&E Committee on March 20.  He advised that Engineering Manager Rachel Lenci would be making a presentation.

 

Ms. Lenci reported that the project would improve public safety and security, improve water quality and increase flood protection.  Phase 1 of the project included the installation of 1,900 feet of ten-foot diameter reinforced concrete pipe.  It also included demolition of canal levees, backfill of the canal from Pumping Plant 1 to Marsh Creek, and the installation of stop logs for the Rock Slough Intake.  Future phases of the project were dependent upon additional funding sources. 

 

Using a map, Ms. Lenci identified the project location, the Rock Slough Intake, Pumping Plant No. 1, and the area for Phase 1 of the project.  A review of the bid summary indicated the lowest responsive bidder was Marques Pipeline, Inc., with a bid of $7,375,000. 

 

Ms. Lenci reviewed the fiscal impact of the project, which included a 13% change order authority.   The justification for the larger than normal change order authority was attributed to potential variable soil conditions beneath the existing canal and the potential of prolonged dry conditions during the fall and winter which could necessitate an extension of the contract. 

 

The design services agreement required an additional $200,000 for biological monitoring and fish rescue activities.  These activities were required as part of the permitting and were not included in the initial project scope.  District staff would continue to pursue the appropriation in federal funds from the Water Resources Development Act (WRDA) as well as through future WRDA funding. 

 

Mr. Brown commented that even though there was increased certainty with Judge Wanger’s decision there was still uncertainty associated with the weather. 

 

President Campbell commented that the project had been to the O&E Committee on several occasions, and it was at the request of the O&E Committee that the project was presented to the full Board. 

 

President Campbell asked if there were any questions for the presenter.  

 

Director Burgh was very supportive of the project and commented on the larger than normal change order authority.  He noted that it was good engineering, good management and good planning to be conservative on change orders up front since unknown conditions often cannot be predicted accurately.  

 

President Campbell asked if there were any public comments.  There were none. 

 

MOTION:  Wandry/Boatmun to a) authorize execution of a contract with Marques Pipeline, Inc., for construction of the Canal Levee Elimination and Flood Mitigation Project, Phase 1 – Pipeline, in the amount of $7,375,000, with a 13% change order authority of $958,750, for a total amount not to exceed $8,333,750; and b) authorize an amendment to the Brown and Caldwell Design Services Agreement for additional design services during construction in the amount of $200,000, for a total amount not to exceed $2,800,000.  The motion carried by a unanimous voice vote.  

 

REPORTS FOR DISCUSSION

 

8.         Committee Report(s)

            a.   Board of Supervisors’ – Transportation, Water and Infrastructure Committee Post-Meeting Report (8/18/08)

            b.   Retirement Plan Committee Post-Meeting Report (8/22/08)

            c.   Finance Committee Post-Meeting Report (8/25/08)

 

President Campbell asked if there were any comments on the committee reports. 

 

Director Burgh reported that he would not be present at the September 17 Board meeting, when the Board would be asked to formally adopt the recommendation of the Finance Committee concerning disposition and reserve account adjustments.  He had reviewed the Finance Committee’s report and was pleased.  He also agreed with the planned allocations.  He was in full support of the Finance Committee’s recommendations and thanked staff for producing savings that enable the District to be prudent in management for the future. 

 

9.         Schedule Future Meeting Dates and Times

 

Director Boatmun advised that she would be attending the Industrial Association meeting on September 10.

 

REPORTS

 

10.        General Manager

 

Mr. Brown reported that the Board’s legislative visits to Washington, DC scheduled for September 15-17 had been canceled.  The legislators were unavailable due to both the Republican Convention and the effects of Hurricane Gustav.  The General Manager had discussed this with President Campbell and Vice President Anello.  Mr. Bishop still planned to travel to Washington to meet with legislative staff.  If there was a need for an impromptu meeting with a legislator, he would inform the Board President who had agreed to fly back on short term notice. 

 

Mr. Brown also reported that the legislature had passed SB XX I and the bill was being sent to Governor Schwarzenegger for his signature.    

 

11.        Legal Counsel

 

Mr. Maddow reported briefly on Fitzpatrick vs. CCWD.  He advised that the case had been settled within the parameters authorized by the Board.  He also reported briefly on the status of Judge Oliver Wanger’s hearings concerning delta smelt.  He advised that the hearings were postponed until September 12.  He also reported on the salmon case and a biological opinion regarding operation of the Central Valley Project pumps.   

 

12.        Board Members

 

Vice President Anello did not have a report.

 

Director Wandry reported that he would be out of town late next week and the week of September 22.

 

Director Burgh did not have a report.

 

President Campbell did not have a report.

 

CLOSED SESSION

 

13.        Real Property Transaction as allowed under Government Code Section 54656.8; Property: Water Supply Contract:  Negotiating Party:  Golden State Water Company; District Negotiator:  Walter J. Bishop, General Manager; Issue:  Instruct Negotiator on Terms and Price.

 

At 6:55 p.m., President Campbell announced that the Board would move into closed session.  There was one matter before the Board concerning real estate property negotiations.  Acting General Manager Jerry Brown was the General Manager’s designated District negotiator.  The additional attendee would be the Assistant General Manger of Engineering/Construction Steve Welch.

 

RECONVENE FROM CLOSED SESSION

 

14.        Report on closed session.

 

At 7:21 p.m., President Campbell reconvened the meeting and announced that the Board did not take any action on the matter before it.

 

ADJOURNMENT

 

At 7:22 p.m., President Campbell adjourned the meeting to the next regular meeting of the Board of Directors scheduled for September 17, 2008 commencing at 6:30 p.m.

 

 

                                                                                                                                                        

                                                                                                Joseph L. Campbell, President

ATTEST:

                                               

Sharon L. Burris

District Secretary