CONTRA COSTA WATER
DISTRICT
BOARD OF DIRECTORS
REGULAR MEETING
September 2, 2009
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
Karl
L. Wandry, Vice President
Bette
Boatmun
John
A. Burgh
Directors Absent: Elizabeth
R. Anello
General Manager: Walter
J. Bishop
Legal
Counsel: Robert
B. Maddow
District Secretary: Sharon L. Burris
President Campbell advised that
Director Anello was absent and that she had notified the Board.
PLEDGE
OF ALLEGIANCE
Director of Finance Brice Bledsoe led the pledge of allegiance.
ADOPTION OF AGENDA
Mr. Bishop reported that although
there were no changes to the agenda, the Board had been provided with amended
versions of five documents. Copies of
the amended dockets were available at the back of the Board Room for the
public. Agenda Item Nos. 1.a., 1.b., and
1.c. – Director Services/Business and Travel Expenses had been revised to
reflect minor changes. Agenda Item No. 6
– Amend Construction Contract and Authorize Subcontractor Addition – Rock
Slough Fish Screen Cofferdam and Levee Project was revised to clarify the addition
of a subcontractor for the project.
Agenda Item No. 10 – Review update on legislative issues was revised to
include new information and recommended positions on water bills unavailable at
the time the agenda was published.
PUBLIC COMMENT
President
Campbell asked if there were any public comments. There were no public comments.
CONSENT
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 15, 2009
b. August
5, 2009
3.
Approve the warrant register dated September 3, 2009.
4.
Adopt Resolution No. 09-20 approving the application for
grant funds from the State Department of Parks and Recreation’s Habitat
Conservation Fund Program.
5.
Authorize execution of a contract with W.G. McCullough in
the amount of $63,421 for the Bollman Water Treatment Plant Canal Bypass Valve
Replacement.
6. Amend Construction
Contract and Authorize Subcontractor Addition – Rock Slough Fish
Screen Cofferdam and Levee Project
a. Authorize execution of a contract amendment
with Maggiora & Ghilotti, for the construction of the Rock Slough Fish
Screen Cofferdam and Levee Project, in the amount of $358,000 to include lime
treatment of the levee soils, for a total amount not to exceed $2,408,249; and
b. Find that there is a public emergency as set
forth in the above facts, and authorize the addition of Griffin Soils as a
proposed subcontractor to the Maggiora & Ghilotti contract to perform the
lime treatment subcontract work on this emergency Project.
7. Award of Contract – Bollman Water
Treatment Plant Polymer Project
a. Authorize a
budget transfer in the amount of $154,368 from the FY10 Treated Water Facility
Improvements Program to the FY10 Water Treatment Plant Improvements Program;
b. Authorize
execution of a contract with Aztec Consultants for the construction of the
Bollman Water Treatment Plant Polymer System Project in the amount of $514,017
with a 10% change order authority of $51,402 for a total amount not to exceed
$565,419; and
c. Authorize
an amendment to the agreement with Carollo Engineers for additional design
services during construction in the amount of $41,000 for a total amount not to
exceed $388,000.
President Campbell reminded the Board that approval of the
consent calendar would include revised Agenda Item Nos: 1.a., 1.b., 1.c., and 6.
MOTION: Boatmun/Burgh to
approve the consent calendar. The motion
carried by a unanimous voice vote.
ACTION
8. Award
of Contract – FY10 Treated Water Facility Improvement Project
a. Relieve Pacific Infrastructure of its bid for
the FY10 Treated Water Facility Improvement Project (TWFIP) consistent with
Section 5103 of the Public Contract Code;
b. Authorize execution of a contract with Water
Works Construction, Inc. for construction of the FY10 TWFIP in the amount of $961,956,
with a 15% change order authority of $144,293 for a total amount not to exceed $1,106,249;
and
c. Authorize execution of a $70,000 contract
amendment with Lee & Ro for Design Services During Construction, for a
revised total amount not to exceed $432,000.
Mr. Bishop reported that the item was placed on the action
calendar due to the amount of the contract.
The apparent low bidder, Pacific Infrastructure, was requesting bid
relief due to a clerical error on the bid documents. The action
was consistent with Public Contract Code Section 5103 and Board criteria for
bid relief. The second lowest responsible
bidder was Water Works Construction, Inc., which was 16% below the engineer’s
estimate. He advised that staff was
prepared with a presentation.
President Campbell asked if there were any public
comments. There were no public comments.
President Campbell commented that the Board was familiar
with the project and that it had been reviewed many times.
MOTION: Burgh/Boatmun to
a) relieve Pacific Infrastructure of its bid for the FY10 Treated Water
Facility Improvement Project (TWFIP) consistent with Section 5103 of the Public
Contract Code; b) authorize execution of a contract with Water Works
Construction, Inc. for construction of the FY10 TWFIP in the amount of
$961,956, with a 15% change order authority of $144,293 for a total amount not
to exceed $1,106,249; and c) authorize execution of a $70,000 contract
amendment with Lee & Ro for Design Services During Construction, for a
revised total amount not to exceed $432,000.
The motion carried by a unanimous voice vote.
9. Election for Region 3 Representative on
the Board of Directors of the California Special Districts Association
a. Authorize the Contra Costa Water District
representative to the California Special Districts Association (CSDA) to vote
for the candidate of their choice to represent CSDA Region 3; or
b. Select a candidate for their representative’s
vote.
Mr. Bishop reported that the Board had historically authorized
the Board-designated California Special Districts Association (CSDA) representative
to cast the vote on behalf of the District.
President Campbell commented that he supported Director
Boatmun, the Board-designated representative to CSDA, to vote her conscience
and cast the vote on behalf of the District.
MOTION: Wandry/Burgh to authorize
Director Boatmun as the District-designated representative for Region 3 to
California Special Districts Association to vote her conscience. The motion carried by a unanimous voice
vote.
10. Review
update on legislative issues.
Mr. Bishop reminded the Board of the revised docket before
them. He reported that five bills for
Board consideration contained critical issues to the District. He identified key issues as the “user pays”
fee, the Central Valley Project Improvement Act (CVPIA) Restoration Fund, and
point of diversion for large state and federal projects. A bond bill was also introduced for funding
of the bills. Pending Board adoption,
the District would seek amendments to include language in the bills addressing
these issues. Two positions were being
recommended for the bills. A new
position for the District was to Support
and Seek Amendments. The other position
was to Support if Amended. Mr. Bishop stated that in some cases amendments
were critical to getting the District’s support.
President Campbell commented that this approach would allow
the District flexibility. The District
could take positions on bills with an opportunity to include amendment language
if the bills were revised during the time between Board meetings.
Discussion took place on the State’s Conference Committee
and the lack of a Delta representative on the committee.
Mr. Bishop reported on the following legislation:
AB 39 (Huffman)
Sacramento-San Joaquin Delta Plan – The bill establishes a legal framework
for setting Delta water policy and endorses immediate actions in the Delta to
address environmental issues. It
requires a new Water Council to develop a comprehensive Delta Plan. Mr. Bishop reported that the recommended
position was to Support and Seek
Amendments.
AB 49 (Feuer) Water
Conservation: Urban Water Use and Sustainable Management – Mr. Bishop
reported that this bill is a statewide conservation measure that requires urban
water users to reduce per capita usage by 20% by 2020. Water districts would be required to cut water
use by 5% over the next 10 years regardless of prior conservation efforts. The District was seeking amendments to give
more flexibility to urban water districts with heavy users of commercial,
industrial and institutional water use.
A Support and Seek Amendments
position was recommended for this bill.
SB 12 (Simitian)
– Delta Governance – This bill would create a seven-member Delta Stewardship
Council (Council). The Council would
direct the Department of Fish and Game to implement a series of “Early Actions”
to address short-term issues in the Delta, including a study of the District’s
Two-Gates project and a study of the benefits of transferring the State Water
Project to a new public entity. An
overall financing plan would be developed for the Delta that could include a
fee on water users in the Delta Watershed.
The current language in the bill impacts any water conveyance facility
proposed for construction within or around the Delta. Amendments were being sought to ensure that
this would not limit the District’s or other Delta communities’ ability to
convey treated water or impact planned projects. The District continues to advocate for
consideration of broad-based financing alternatives that would give all Delta
users shared financial responsibility for improvements in the Delta
region. This is the bill that the
District is proposing would address the financial credit for the CVPIA
restoration fund payments. A revised
position of Support if Amended was
recommended.
SB 229 (Pavley) –
Water Use Reporting – Mr. Bishop reported that this bill focused on reporting
of water use and was aimed at ground water use.
The recommended action was to Support
and Seek Amendments.
SB 458 (Wolk) –
Delta Conservancy and Delta Protection Commission – This bill would
establish an 11-member Delta Conservancy and redefine the responsibilities of
the Delta Protection Commission. The
Conservancy would be responsible for environmental protection and the economic
well-being of Delta communities. The
primary source of funds has been focused on the water diverters. The District would seek amendment language
for broad-based allocation of financial responsibility among all Delta
users. The revised recommended position
was Support if Amended.
RN 0921980
(Caballero) – The Safe Drinking Water and Water Supply Reliability Act of 2010
- This resolution would be the funding mechanism for California’s water challenges. The measure requires that any funds provided
by the state are matched by local agencies, water districts and private
businesses. The District would seek
amendments to ensure that matching funds and fees were allocated to all users
of the Delta as well as amendments to expedite funding for immediate actions
projects. The recommended position was
to Support and Seek Amendments.
Mr. Bishop commended Executive Management Analyst Desiree
Castello for her efforts in providing the updated information before the
Board.
Director Burgh commented that the recommended positions
would provide flexibility needed to make decisions in the best interest of the
District and the ratepayers. He
commended staff for their efforts in providing the analysis of the bills.
President Campbell also thanked staff for the updated
information.
President Campbell asked if there were any public
comments. There were no public comments.
MOTION: Burgh/Boatmun to
adopt District positions for the following:
State Legislation AB 39 (Huffman) Sacramento-San Joaquin Delta Plan –
Change from Watch to Support and Seek Amendments; AB 49
(Feuer) Water Conservation: Urban Water
Use and Sustainable Management – Change from Support if Amended to Support
and Seek Amendments; SB 12 (Simitian) Delta Governance – Change from Watch to Support if Amended; SB 229 (Pavley) Water Use Reporting – Change
from Watch to Support and Seek Amendments; SB 458 (Wolk) Delta Conservancy and Delta
Protection Commission – Change from Watch
to Support if Amended; and RN 0921980
(Caballero) – The Safe Drinking Water and Water Supply Reliability Act of 2010
– Support and Seek Amendments. The motion carried by a unanimous voice
vote.
REPORTS FOR DISCUSSION
11. Committee Report(s)
a. Public
Information and Conservation Committee Post-Meeting Report (7/27/09)
b. Board
of Supervisors’ Transportation, Water and Infrastructure Committee Post-Meeting
Report (8/17/09)
c. Operations
and Engineering Committee Post-Meeting Report (8/20/09)
d. Retirement
Plan Committee Post-Meeting Report (8/21/09)
e. Bay
Area Water Forum Post-Meeting Report (8/24/09)
President
Campbell asked if there were any comments on the committee reports.
Director Burgh commented
positively on the Retirement Plan Committee post-meeting report.
12. Schedule Future Meeting Dates and Times
There
were no future meeting dates and times to schedule.
REPORTS
13. General
Manager
Mr. Bishop reported that the Public Affairs Department had
been re-organized. Ms. Castello would be
assuming the duties of state legislative issues. The
remainder of the public affairs program would be supervised by Senior
Information Specialist Jennifer Allen, who would be reporting to Assistant
General Manager of Administration (AGM) Kurt Ladensack. The District did not intend to recruit for a
new Public Affairs Director at the present time.
14.
Legal Counsel
Mr. Maddow did not have a report.
15.
Board
Members
Director
Boatmun reported that she presented to the Antioch Soroptimist on August
26. The attendees were interested in
learning about the issues facing the Delta.
She attended the Byron Bethany Irrigation District 95th
Anniversary event on August 20. She advised
that she had recommended that AGM of Water Resources Greg Gartrell be
considered to debate Randall Neudeck, from Metropolitan Water District, at a
future ACWA Conference.
Director
Boatmun added that at the Board meeting on August 19 she brought up the
possibility of a joint committee with Central Contra Costa Sanitary District
(CCCSD). She indicated that she would
like to move forward with this committee.
Director Burgh advised that he also was supportive of a joint committee
with CCCSD.
Vice
President Wandry did not have a report.
Director
Burgh did not have a report.
CLOSED SESSION
16. Public Employee Performance Evaluation
as allowed under Government Code 54957; Title:
General Manager
17. Conference with
Labor Negotiator as allowed under Government Code Section 54957.6;
(4
items):
a. Agency
Negotiator: Walter J. Bishop; Employee
Organization: Confidential
Employees
b. Agency Negotiator: Walter J. Bishop; Employee Organization: Unrepresented
Employees
c. Agency
Negotiator: Walter J. Bishop; Employee: District Secretary
d. Agency
Negotiator: Board President;
Employee: General Manager
At 7:08 p.m., President Campbell announced that the Board would move into
closed session. He advised that there
were five matters before the Board. There
were no additional attendees required for any of the items.
RECONVENE FROM CLOSED SESSION
18.
Report
on closed session.
At 7:36 p.m.,
President Campbell reconvened the meeting and announced that the Board did not
take any action on the matters before it.
ADJOURNMENT
At 7:37 p.m., President Campbell adjourned the
meeting to the next regular
meeting of the Board of Directors scheduled for September 16, 2009, commencing
at 6:30 p.m.
Joseph
L. Campbell, President
ATTEST:
Sharon L. Burris
District Secretary
