CONTRA COSTA WATER DISTRICT

ADJOURNED REGULAR MEETING

BOARD STUDY SESSION

January 25, 2007

MINUTES

 

 

CALL TO ORDER 

 

President Campbell called to order an adjourned regular meeting of the Board of Directors at 8:30 a.m., at the District Administration Building, located 2411 Bisso Lane, Concord.

 

ROLL CALL

 

Directors Present:              Joseph L. Campbell, President

                                         Bette Boatmun

                                         John A. Burgh

                                         Karl L. Wandry

Directors Absent:              Elizabeth Anello, Vice President

General Manager:               Walter J. Bishop

Legal Counsel Absent:        Robert B. Maddow

District Secretary:               Sharon L. Burris

 

President Campbell noted that Vice President Anello was absent from the meeting and that she had previously notified the District.    

 

ADOPTION OF AGENDA    (Organization of Meeting)

 

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

 

PUBLIC COMMENTS

 

President Campbell asked if there were any public comments.  There were no public comments.  President Campbell then turned the meeting over to facilitator Lee Shuff. 

 

Mr. Shuff welcomed the District’s new State Lobbyist Julee Malinowski-Ball to her first Board Study Session.  He reviewed the purpose, desired outcome of the study session, and described the ground rules. 

 

DISCUSSION & INFORMATION

 

1.         Federal Legislative Representative

 

Mr. Bishop reported that the District’s Federal Lobbyist Marcus Faust would be updating the Board on federal legislation.  He reviewed and identified the 2007 legislative key objectives as to: protect source water quality, secure federal and state funding to offset ratepayer costs, support programs for water quality improvement, and proactively engage on legislation that has a significant impact on the District’s mission. 

 

Mr. Bishop then reviewed the federal objectives which included:  Delta water quality, United States Bureau of Reclamation (USBR) appropriations, Los Vaqueros cost/benefit ratio, Water Resources Development Act (WRDA) authorization for flood control, Environmental Protection Association earmarks for advanced treatment research, and USBR standby charge legislation. 

 

Mr. Faust began his presentation by advising that there was new leadership in Washington, Senator Harry Reid was the new “sheriff;” and the House of Representatives and the Senate were both controlled by the Democrats. 

 

Mr. Faust reported that the first piece of legislation reviewed by the House addressed ethics.  He anticipated a more rigorous approval process ahead for earmarks, tax measures, and authorizations.    He advised that earmarks would not be eliminated but that they would be reformed.  Discussion took place on the process and how disclosures would be made concerning earmark interests.  Responding to a question from Director Boatmun concerning the President’s comment on the elimination of earmarks, Mr. Faust advised that those references were to the President’s budget. 

 

Mr. Faust advised that Congress would set the fiscal year 2007 funding based on fiscal year 2006 with a continuing resolution.  He reminded the Board that the District had CALFED authorization in place and that it gave guidance on how the money was to be spent.  He indicated that the funding for FY08 would be based on the new approval process and could delay appropriations until April 2007.    

 

Discussion took place on funding and how it would impact the District, and Mr. Faust commented positively on the District receiving the funding expected in FY07 due to the authorization already in place.  He also commented positively on USBR appropriations and noted that the District was one of the few agencies receiving money.  

 

The Freeport Settlement was discussed, specifically the issues of the standby charge and oversizing. 

 

Mr. Faust commented that Representative John Doolittle was re-elected and was supportive of funding for the Alternative Intake and the Los Vaqueros Reservoir Expansion Projects. 

 

Director Boatmun asked if there had been any discussion regarding placing a cap on the overhead and administrative costs that USBR could charge.  Mr. Faust responded that, yes, a 19 percent cap was placed on the Central Utah Project in 1986.  This year Representative Doolittle tried to put a cap on it, but it did not pass.

 

Responding to President Campbell’s question concerning who chaired the House Committee on Natural Resources, Mr. Faust responded that it was Representative Nick Rahall.   

 

Mr. Faust reported that he also briefed Reclamation Commissioner Bob Johnson on the Los Vaqueros (LV) Reservoir Expansion Project and commented that the commissioner was impressed with the project and its strong cost/benefit ratio.  He also noted the project’s support by Congressmembers George Miller and Ellen Tauscher.      

 

Discussion also took place on the San Joaquin Settlement and how the Los Vaqueros Reservoir could provide environmental water needed for San Joaquin.  Mr. Faust commented that LV could set a funding precedent and that there was an  increased interest in the San Joaquin Settlement.  Mr. Bishop also added that LV was funded with 50-year bonds for less than $300 per acre foot. 

Mr. Faust addressed the impacts of the climate change.  He noted that the runoff would come into the Delta when they are increasing water for flood control purposes and that this water could be captured at LV.  Discussion took place on storage issues and the politics involved. 

 

Mr. Faust commented on a meeting held by CALFED Bay-Delta Director Joe Grindstaff with the congressional staff, ACWA lobbyists, and several agencies where water quality issues were discussed.  He also commented on the recent lawsuit involving the District and San Luis-Delta Mendota Authority and the Alternative Intake Project. 

 

Mr. Faust noted that Assemblywoman Tauscher had supported the District with the Contra Costa Canal.  He commented on the Water Resources Development Act (WRDA) and advised that he was optimistic that it would pass this year.  He also advised that WRDA contained earmarks and that in the congressional record they advise which member of Congress was responsible for each earmark.   He noted that this information is now being made public.  He commented on Proposition 219 and reminded the Board of its importance.   

 

Mr. Faust advised that the earmark process would start over for FY08.  He also advised that he and Mr. Bishop had a meeting scheduled with State Assemblyman Jerry McNerney to bring him up to speed on California water issues. 

 

Responding to a comment from Director Burgh concerning Governor Schwarzenegger, Mr. Faust replied that Governor Schwarzenegger’s image was rising in Washington, DC. 

 

Director Wandry questioned the continuing resolutions, specifically how often the Federal government spends without a budget, and if they could do it again the following year.  Mr. Faust replied that they could do it, but likely would not.  Director Wandry asked if it was a legal issue.  Mr. Faust replied no.

 

Director Boatmun asked Mr. Faust if he would be at the Association of California Water Agencies (ACWA) Board of Directors 2007 Washington, DC Conference.  Mr. Faust replied that he would be attending the breakfast. 

 

There was a short break at 9:40 a.m.  The Board Study Session resumed at 9:50 a.m.

 

2.         State Legislative Representative

 

Mr. Bishop introduced the District’s new State Lobbyist Julee Malinowski-Ball and reported that she was with the firm of Public Policy Advocates.  He welcomed Ms. Malinowski-Ball to her first Board Study Session. 

 

Ms. Malinowski-Ball gave a brief background on Public Policy Advocates and their expertise.  She indicated that they were able to work effectively with both political parties and that the firm functioned well with teamwork.  She reported that the District’s State Board Legislative Day had been moved to March, which would be a more effective time to meet with legislators.        

 

Ms. Malinowski-Ball reviewed and identified the state legislative objectives.  She advised that improving Delta water quality, providing urban flood control for East Contra Costa County, increasing the District’s profile and visibility in Sacramento, and the 2008 Water Bond were the main areas of focus.  She reported positively on a meeting with Dan Dunmoyer, Governor Schwarzenegger’s Deputy Chief of Staff, where information concerning District issues and strategies were discussed. 

 

Ms. Malinowski-Ball commented that Governor Schwarzenegger had a strong year in 2006 and that there had been cooperation on the infrastructure bond.  Discussion took place on staffing in the Governor’s office and how the two parties view the decisions being made.  She commented that she would be meeting with some of the Governor’s staff next week.   She advised that all bills would have been introduced by the end of February. 

 

Ms. Malinowski-Ball reviewed the current members of the legislature and commented on how many had returned to office.  She commented that the new State Asssemblyman for the District was former Contra Costa County Supervisor Mark DeSaulnier.  She advised that the members had been assigned to committees.  Key appointments included Assemblywoman Lois Wolk, as chair of the Committee on Water, Parks and Wildlife; Assemblyman Jared Huffman, as chair of Environmental Safety and Toxic Materials; and Senator Tom Torlakson, as chair of Appropriations.  She advised that Senator Sheila Kuehl was replaced by Senator Darrell Steinberg as chair of the Senate Natural Resources and Water Committee. 

 

Director Boatmun commented that Assemblymember Loni Hancock also had a key position as Chair of the Assembly Natural Resources Committee.  President Campbell commented that Assemblymember Hancock had been very gracious when they met.       

 

Ms. Malinowski-Ball advised that Proposition 84 funding was the primary priority this year.  She reported that she would continue to keep the communication open, reach out to stakeholders and key players, and work with the Governor’s office and the Department of Water Resources. 

 

Addressing the 2008 Water Bond Act, Ms. Malinowski-Ball advised that Senator Dave Cogdill had introduced SB 59.  She briefly explained that the bill related to financing a water supply program by providing funding through the sale of general obligation bonds.   She commented that the District would be engaged in this bill.  Mr. Bishop commented that there was a five percent administration charge on the bonds.  Ms. Malinowski-Ball advised that administrative caps were very common and were usually set at five to ten percent. 

 

Responding to a question from Director Boatmun concerning SB 59, President Campbell advised that the bill was being agendized as part of the legislative report for the Board meeting on February 7, 2007.     

 

Discussion took place on ACWA and the Water Bond and the importance of emphasizing water quality.  Responding to a question from Mr. Maddow concerning the co-author of the bill, Ms. Malinowski-Ball indicated that the goal would be for it to be a bi-partisan bill.

Delta Water Quality Update

 

Mr. Bishop opened the discussion and gave an overview of the Delta Decision Process and noted that the focus was on the Delta Conservation Plan.  Discussion took place on the District’s goal which included a Staged Conveyance Action Plan and financing.  It was noted that the plan was simple and very doable. He noted that the information had been shared with Contra Costa Council and the Contra Costa County Administrator John Cullen.  The Board concurred that presenting the plan to other agencies would be in the best interest of the District.   

 

Mr. Bishop advised that Assistant General Manager of Planning/Delta Projects Dr. Greg Gartrell would be speaking to what the District had learned from the fish screens at Old River and how this could apply to Clifton Court Forebay.  Mr. Gartrell’s presentation included the initial stage of the plan and noted two priorities would be levee improvements and beginning subsidence restoration programs.  He addressed how salinity comes into the Delta and how salinity intrusion would be limited with the Staged Conveyance Plan.  Using a map he identified the areas he was referencing. 

 

Responding to a request from President Campbell, Dr. Gartrell identified Highway 12 on the map.   Discussion took place on the location of the highway and railroad relative to the levees. 

 

Dr. Gartrell noted that the state’s share of the Staged Conveyance Action Plan could be financed with existing state bonds for the next seven years. He then reviewed the second and final stages of the plan.

 

Discussion took place on stakeholder interest and buy-in from other agencies. 

 

Director Burgh commented on an article by Contra Costa Times writer Mike Taugher that was complimentary to Dr. Gartrell.  Mr. Maddow commented that he would like to see some support and buying in from state contractors.  The Board suggested the plan be modified to identify benefits on a state-wide basis.  

 

Mr. Shuff asked if there were any other comments on the subject.  There were no other comments.

 

The Board broke for lunch at 11:45 a.m.

 

The Board Study Session reconvened at 12:15 p.m.

 

Review of Board Procedures Manual

 

Mr. Shuff advised that Director Boatmun had requested that the item be placed on the agenda and that she had received a second.  He then invited her to lead the discussion.

 

Director Boatmun advised that she would like to address the Board Legislative visits to Washington, DC.  She would like the procedure changed to allow a director to change places with another director in the rotation schedule, if that director was in agreement.  Director Boatmun stated her concern was that if a director was unable to attend during their designated time that they would not be eligible for four more years.  She commented that it was important for directors to meet with representatives and that representatives become familiar with the directors.  Mr. Bishop commented that the current procedure was in place when he began at the District as the General Manager. 

 

Discussion took place and it was decided to allow a director who is not able to attend at the designated rotation time to be able to trade turns only with the director whose turn immediately follows if that director was in agreement.  

 

Director Boatmun also noted that she would like for directors to meet with representatives at the representatives local offices.  She commented that meetings need to take place before an emergency occurs.  She advised that this topic had come up at California Special District Association (CSDA) meetings and that other agencies had benefited from such meetings.  President Campbell indicated that there was nothing in the Code of Regulations that would prohibit a meeting. 

 

Discussion took place on whether or not the meeting would be compensable and Director Boatmun indicated that this would be a District activity and should be handled the same as other meetings. 

 

Director Wandry commented that the District might consider making a presentation before the Board of Supervisors.  Director Boatmun agreed and stressed the importance of familiarity.  Mr. Bishop commented that Boardmembers should advise the District Secretary of meetings and that they would be added to the Board calendar for approval at a Board meeting. 

 

Director Wandry noted that he would like to revisit the Board’s Washington, DC trip.  He indicated that there should be the possibility of trading places with the next director and then the rotation would go back the way it was.  He commented that this would keep the sequencing for the rotation.    

 

5.         General Manger/Legal Counsel/Board Member Comments

 

Mr. Shuff asked for comments. 

 

Director Burgh commented that he would like something at the District facilities to be named in honor of John Muir.  Director Wandry suggested changing the name of the Los Vaqueros Interpretive Center to the John Muir Interpretive Center.  Discussion took place on the subject and Mr. Bishop asked the Board for concurrence.  There were no objections.  Mr. Maddow advised that the General Manager should inform the Board after it was done.

 

Mr. Shuff recapped the action items from the meeting

 

ADJOURNMENT

 

The meeting adjourned at 12:43 p.m. The next regular meeting of the Board of Directors would be February 7, 2007, starting at 6:30 p.m.

 

                                                                                                                                                                                                                                                            Joseph L. Campbell, President

ATTEST:

 

                                   

Sharon L. Burris

District Secretary